I understand your attempt to reach a plea bargain failed.
The State has made multiple offers
which the defendant has refused to accept.
Counsel, have you explained to your client
that the charges he's facing carry mandatory prison time.
I have, Your Honor.
Mr. Tamura, are you sure you want to proceed?
Yes, Your Honor. I'm sure.
Alright then, we'll take a short recess
and bring the jury in for a noon start.
My mother was a selfless woman,
devoted to our family,
and especially to my big brother, Osamu.
I never heard her complain,
not once.
Which is how she lived her life.
You know, most people talk about "gratitude"
but my mother lived it.
Instead of dwelling on what was painful or difficult,
she grabbed every moment of grace and beauty she could.
She was my brother's full-time caregiver,
but she also always found time to be with her granddaughters,
who gave her so much joy.
Look what we got you, Ojisan.
It's a tablet. Can you say tablet?
T-tablet.
That's right. That's good. It's easy to work it.
You just have to swipe with your finger, like this.
See how easy it is? Here, you try.
If you ever feel lonely,
you can look at pictures of Obaachan whenever you want.
Come on, honey, you can show him in the car.
Okay, say goodbye to Ojisan, girls.
Bye. See ya.
We'll see you soon.
I'll bring you Bento like Obaachan used to make.
Bye.
How old was Ojisan when he had the accident?
Nine.
So, my age. - Yeah.
Does he know Obaachan is dead?
Of course he does.
Does he feel sad?
Ojisan can't always express himself, but he feels things.
He loves you two very much, you know that right?
I love him too.
Of course you do. He's our uncle.
Layla, please don't talk to your sister that way.
Whatever.
Why can't he just live with us?
You know why, sweetheart.
Right?
It's nice here.
Oh, maybe you can try some of the activities.
Have you met any new people or made any friends?
Hey, Sam, you gonna tell him?
- Hmm? You gonna tell him? - Hey, hey, hey.
- You gonna tell him? - Easy. Easy.
- You gonna tell him? - What? Whoa, whoa.
- You gonna tell him? - Easy
- You gonna tell him? - What?
What's he talking about? Tell me what?
Sam?
B-bad guy.
Bad guy?
Come on.
I'm clearing out the rest of Mom's stuff later today.
I'll bring it over, okay?
And you can pick out whatever you want, how does that sound?
I'll bring over Mom's rice cooker and they can
cook you gohan whenever you want it.
- Okay? - Yeah?
Hey, what happened here?
Did you fall or something?
Then what happened?
Bad guy.
The guy we just ran into?
Just checking in to see how it went.
You okay, Sam?
Have, have you seen this, Leon?
You must've noticed this when you got him dressed.
I wasn't on shift this morning, but um,
can I talk to you privately?
I'll be right back, okay?
What's up?
I heard Sam and another resident
got into a pretty heated argument last night.
Apparently, it got pretty physical.
Someone was just harassing my brother a few minutes ago.
A skinny guy in a red t-shirt, is that...
is that who gave my brother those bruises?
Mr. Tamura, I realize how upsetting it must be.
Who is he? - I'll keep an eye on the situation.
What's his name?
Kyle Tanner.
"Kip." I've seen him get territorial
when another resident moves in.
I'll keep an eye on the situation for you, okay?
Who's gonna live in Obaachan's house?
Whoever buys it.
Which is why it has to be empty.
Do we get to choose who lives there?
Uh, not exactly.
Is that Ojisan's?
Yeah. Yeah.
You know, he could never learn to swim like you,
but he always loved the water.
Obaachan got him floaties so she could bring him in the pool with her.
Yeah, he's always loved these even when he got bigger.
Does he have a pool at his new home?
There you are. Katie and Mallory are already here.
We need to get changed into your swimsuit.
Can I take Sealie?
Have at it.
- I'll blow it up later, alright? - Okay.
Is that everything?
Yeah.
Was it hard, being there?
You know, once I left for college, I never looked back.
I left her to do everything for Osamu.
She never went on vacation, she never even took a day off.
It made her happy.
She wanted you to live your life.
Or maybe she wanted to spare me the guilt.
It's a big adjustment.
Just give it a minute.
Hey, Ashley.
Sorry to bother you, I know you're dealing with family stuff.
No, that's okay. What's going on?
Videla shot off his mouth at practice.
Again?
Except this time someone caught it on their phone.
And it's blowing up fast.
You keep tripping me when I pass.
What are you, some kind of cripple?
Well, we need to get ahead of it.
Okay. I'll make some calls.
- I gotta go in. Damage control. - Now?
You wanna keep them in private school, right?
- Yes, I do. - Yes, you do.
So do I.
We're here to address the leaked video
that's been circulating online.
But let me first remind everyone that
whatever Videla said that may have been hurtful
was said in the heat of an intense team practice.
And before anyone rushes to judgment,
the team asks that we all exercise
some cultural sensitivity toward Videla as a recent immigrant
who's still adjusting to a new culture
and to his new home here in America.
But I'll let him express his regret in his own words.
So, Videla?
I, um...
want to apologize to my teammates,
to my family,
and to the disability community
for any pain I may have inadvertently caused.
You're a Jedi spin doctor, playing the immigrant card.
We'll see.
Seriously, though, great job coaching him.
Except he's still a monster.
With a 20-million dollar foot.
If I can just keep it out of his mouth.
Excuse me.
Leon, what's going on?
I'm in the ER with your brother.
He fell down some stairs.
The doctor ordered a CT, but your brother's fine,
they didn't find any bleeding in his brain.
But wait, he's never had a problem navigating stairs.
Did you see him fall?
No, I... I saw him right after.
Did anyone see him?
Not that I'm aware of.
So how do you know he wasn't pushed?
The State doesn't refute
that the defendant was protective of his brother.
That's something we can all respect and admire.
But while we might sympathize with Mr. Tamura's motivations,
the fact is we're here today
because Mr. Tamura made a choice.
He acted recklessly.
Dangerously.
And his actions had consequences.
Hey.
How you doing? You okay?
Other than the four stitches, he's fine.
Did you find out anything more about how this happened?
I tried asking him, but we're still learning how to communicate.
Buddy. Hey, hey.
Did you fall?
How? Did you trip?
Lose your balance? No? No?
Or did someone push you?
Someone pushed you.
Tablet. Okasan.
He was saying that before.
Oka something I mean, I didn't understand.
Okasan is Japanese for mother.
- You were... you were looking at pictures? - Yeah?
Where's his tablet?
Oh I... I didn't know he had one.
Bad guy. Bad guy.
Kip?
Did Kip take your tablet?
Hey, Sam, Sam, you need to tell me.
Kip, we met before, remember? I'm Sam's brother.
My room.
You took his tablet and I want it back. Where is it?
My room.
- My stuff. - You know what?
Just tell me where you put his tablet.
My room. My stuff.
You don't want to tell me? Fine.
I'll find it myself. Hey!
Hey, watch it.
- My room. My stuff. - Mr. Tamura,
you can't just barge into another resident's room.
He took my brother's tablet. I'm not leavin' until I get it back.
Look, I was wrong to barge in like that
but I didn't know what else to do.
He took Sam's tablet and pushed him down those stairs.
- Is that what Sam told you? - As best he could.
What did he say?
Look, obviously his communication is limited,
but it's pretty clear that guy Kip is harassing my brother.
My understanding is that it was Sam
who instigated the initial altercation.
Leon said it was the other way around.
I said they had an altercation.
You said Kip was territorial with new residents.
- I also said I wasn't there. - Why are you defending him?
Who is this guy, Kip?
What's his condition, and how long has he been here?
Mr. Tamura, that information is private
and protected by HIPAA regulations.
He's threatening my brother, physically and emotionally.
What part of that don't you get?
Mr. Tamura was convinced that his brother
was being harassed by another resident.
Kyle Tanner?
Yes. "Kip."
Did the defendant claim to have witnessed
this alleged harassment?
No. At least not directly.
So would you describe the defendant's behavior as paranoid?
Objection, Your Honor. Improper characterization.
- Sustained. - Your Honor,
the witness holds a PhD in clinical psychology.
It's her professional assessment.
Still, it's a leading question.
Alright, then.
Dr. Weatherford,
please confirm that this is the email you sent
to your company's legal counsel
- regarding Mr. Tamura. - It is.
Would you please read the fourth and the fifth sentences.
They're highlighted.
"From the time Mr. Tamura brought his brother to live
at Wildwood Gardens, he's been harboring a paranoid fantasy
that his brother is being abused by another resident.
I'm bringing this to your attention now
because I'm concerned Mr. Tamura's behavior
may turn violent."
- Allright... - One more question before you go?
Hey, Videla, can we talk?
You see those sports writers over there?
The one in the light grey polo that's Tom Deitch,
- from the Daily. - Okay.
What about him?
Well, he was about to ambush you because he had heard
you'd missed your first sensitivity training session.
Yeah.
I ran interference,
told him you had a last-minute conflict,
but you're still looking forward to attending the sessions.
Okay.
Okay what?
Well, what do you want me to say?
You did your job so I can do mine.
Your job also includes attending sensitivity training.
Especially after you publicly announced you would.
Because that's what you told me to say.
Videla, listen, you can't just say you'll do something
and then not do it. Words matter.
When you make a promise, people expect you to keep it.
- You understand how that... - Alright, don't talk
to me like a child.
I don't have brain damage.
Hey! Did you not listen to anything I just said?
That is derogatory and offensive,
and don't act like you don't know what I'm talkin' about.
Look, I'm sorry. Okay?
This is a sensitive subject... Whatever.
Well I...
Videla, hey! We just have one question.
You didn't find anything I couldn't have found myself.
I'm sorry you feel that way.
Why would I pay for information I could've gotten
off the internet for free?
- We did do what you asked. - No.
- Yes. Exactly what you asked. - You know what? You know what?
Just give me back my money
- and we'll call it... - I'm afraid we can't do that.
What do you mean you can't?
- Well, we did our job, sir. - Why can't you?
Read the contract.
Hold on.
Hey, Ashley, what's up?
Videla's manager is threatening to file a complaint
with the State Board of Labor Relations.
- What? - He says you're creating a
hostile work environment for his client.
Oh, for God's sake.
You berated him in front of the entire team.
- That is not true. - No?
Some of the other players may have overheard us, but...
Ashley, the guy is a public relations nightmare.
Who happens to be carrying the fate of this entire club
squarely on his shoulders.
Look, I tried to apologize but he walked away.
If you want, I will call him back.
- I will make this right. - It won't do any good, Jiro.
What are you saying?
I'm putting you on an indefinite leave of absence.
You're not serious.
Videla says he won't play if you're on the payroll.
And you're siding with him?
Oh come on Jiro, I'm siding with the team.
But listen, Videla says he will reconsider if you enroll
in sensitivity training.
Are you kidding me?
Does he think this is some kinda joke?
Ashley, the guy is a liar and bigot
and I'm the one who needs help?
I don't have a choice,
you understand that, don't you?
Wait, she fired you?
Technically, it's a leave of absence.
Does she have any idea what you've been dealing with?
She doesn't care about my brother any more
than those people at Wildwood Gardens.
Oh Jiro, I'm sorry, but you have to let that go.
Okay? They said they were doing everything they could
to monitor the situation.
- That's their job. - Well maybe I don't trust them.
What, you think they're lying to you?
Why? Why would they do that?
To protect themselves.
Liability.
I've been trying to find out if this guy Kip
has any kind of a criminal record. And I just...
I just wasted $5,000 on a dead-end pointless record search.
Well, if nothing came up, maybe that's your answer.
Not if the records are sealed.
Which they would be under California law, right?
Yeah.
I've been thinking
you have clearance from the DA's office.
- Maybe you could look for me? - Jiro, I can't do that.
Why not?
Well, for one thing, the State monitors
everyone who accesses that database.
It's not like you'd be hacking in.
You're allowed to log on whenever you want.
Not for something like this.
Sarah, if the guy has a history of violence,
we can't risk keeping Sam there.
We looked at five different facilities,
your mom chose Wildwood, because it was the closest to us,
- right? - If you'll just look, we can make an informed decision.
Why won't you do this for me?
- Because it's an ethical violation. - Really?
Or are you worried you'll find something.
- Excuse me? - Maybe you'd rather not know, huh?
Not your problem, right?
Seriously? You did not just say that.
Well, Sarah, you know what? I'm just having a hard time
understanding why you're not helping me.
Oh, god.
Hi honey, why aren't you sleeping?
You woke me up.
I'm sorry.
I'll take you back to bed, okay?
- Come on. - Why were you guys were yelling?
I was angry. Yes. Of course I was.
But not paranoid.
I'd seen the bruises.
Okay? I... I saw the look in my brother's eyes.
I knew in my gut someone was hurting him,
and no one seemed to care.
What are you doing?
Jiro?
- Are you serious? - Okay, look...
I said no!
Okay. I was very clear.
Do you want to get me disbarred? Do you want us both out of a job?
Wow, thanks. Really supportive.
I've been trying to be supportive!
That is all I'm trying to do! Because I know you're grieving.
But honestly, this isn't healthy.
This isn't you. This... fixation, this rage,
the way you're flying off the handle.
Yeah, God forbid, right? For once in my life.
What does that even mean?
Maybe for once I'm not making everybody happy.
Everybody else.
Look, you're right, okay?
I shouldn't have done that.
I'm sorry.
I am.
But...
what if he's dangerous?
And what if they are hiding something?
I made a promise to my mother
that Sam would be okay after she was gone.
He's not okay, Sarah.
I can't...
I can't just...
Okay.
If we do this and there's nothing,
will that help you?
Will you let this go?
Yes.
And will you talk to someone?
A therapist? A grief counsellor?
- Okay. - Do you promise?
Yeah.
Okay.
No, I'll do it. Can you just stand over there?
- Does it really make a difference? - Can you just...
- Okay. - Please? Thank you.
Kip Tanner, right?
His legal name is Kyle.
Kyle Tanner.
I just need to run this through an encryption program.
Thank you.
What if this is me?
All this...
anger.
I don't know.
It doesn't make sense.
Maybe it does.
Like you said, you spent your whole life
trying to make everyone happy.
Being the one that nobody worried about
because you had to.
You had no choice.
I don't have a right to complain.
If the car had been hit from the other side,
it would've been me.
I walked away with two broken ribs.
You paid a price too.
Oh, my god.
What? What is it?
He does have a record.
For what?
He was arrested three times.
The last one was two years ago,
he was charged with aggravated assault.
Instead of prison, he spent part of his term
in a state psychiatric hospital.
Until his sentence was commuted
and he was transferred to Wildwood Gardens.
He is dangerous.
After your call last night,
I authorized Leon to search Kip's room
and he found this.
Of course, it doesn't prove anything
other than that he stole your brother's tablet.
So you're not doing anything.
- Mr. Tamura... - My brother's body is bruised.
- We can't... - Kyle Tanner
has been transferred to another facility.
The property theft was a violation of his probation.
So he's gone.
As of this morning.
I apologize that this happened
and if you want, I can launch a full investigation.
No. That's not necessary.
As long as he's away from my brother.
Hey.
Leon found it in Kip's room.
Hey, he won't bother you anymore.
I promise, okay?
You wanna look at some pictures, together?
Come on.
I have your Sealie floatie in the garage.
You can come over to the house whenever you want to swim.
Okasan.
You miss her, don't you?
Me too.
Bento.
She made the best bento, right?
- Tamagoyaki. - That was my favorite too.
- Hey, how was the swim? - Awesome.
What are you doing?
I'm making a bento box for Ojisan.
I can help.
- I'd love that. - Layla, what about you?
Homework.
Tamagoyaki?
Yeah, Obaachan's special recipe.
Sugar, mirin, soy sauce, a pinch of salt.
But this is the secret.
- "HonDashi." - HonDashi.
That's what gives it that umami.
One teaspoon.
How come you never taught us how to make Obaachan's recipe?
He's teaching you now.
But let's get you out of the wet bathing suit first, okay?
Okay.
Ashley's on the phone. I just, I didn't want you to miss it.
Yeah. Okay.
Yeah, yeah.
Ashley?
Hold please.
How're you doing, Jiro?
Uh, good. Thank you.
The situation with my brother's been resolved, so I'm...
I'm much better.
The sensitivity.
Uh, I even signed up for sensitivity training.
So you're ready to come back to work.
Yes.
Good. Because I think Videla is open to hearing from you.
That's great. I'll call him as soon as we hang up.
Better to do it in person.
The team's leaving for some exhibition games tomorrow,
you can talk to him on the plane.
Uh, what time?
Wheels up at 7:30.
I'll let him know beforehand so he's not blindsided.
- Thank you, Ashley. - See you tomorrow.
That's good news.
What's wrong?
I...
promised Sam I'd drop off that bento.
I'll do it. I'll take the girls.
Hey, your brother will be here when you get back, okay?
But your job might not be if you don't go.
Mm.
Hi, good morning.
Um, I'm dropping this off for my brother Osamu Tamura, Sam.
Um, visiting hours start at seven o'clock,
but if you leave it here I'll have someone bring it to him.
It's perishable,
so I'd like to put it in his fridge if that's okay.
Visiting hours start at seven o'clock.
That's in 20 minutes, and I have a flight to catch.
Look, my brother is an early riser, I won't be waking him.
Just please sign in.
I appreciate it.
Sam?
What the hell.
Sam? Hey.
Oh, no.
I gotcha, bud. It's okay.
Hey, hey, hey. It's gonna be okay.
I'm here. We're gonna get you outta here okay?
Can you sit up? I need you to sit up.
Sit up. I need you to sit up.
I got you. It's okay.
Ready? We're gonna get up.
Bad guy.
- Whatever your thinking is wrong. - I don't want to hear it!
Move out of the way.
- You can't take him off site... - Don't ever touch me!
We trusted you!
Jiro, Jiro, Jiro, Jiro!
Hey, hey. Shh. Shh.
Come on.
Come on, come on.
You sent Leon to the emergency room.
With an orbital fracture and a severe concussion.
You left him unconscious, bleeding out on the floor.
He was abusing my brother.
So you say.
Was that allegation ever substantiated?
I was there. I saw it.
So why not call out for help?
Reach out to the senior staff on site?
Because I didn't trust them.
What about the police?
I... I just, I needed to get him out.
That was all I could think about.
Because you thought he'd be safer...
with you.
Yes.
And was he?
Hey.
I know it's cold, but it'll help with the swelling.
Hold it on your eye, okay?
- Cold. - I know.
Oh, Ashley.
You haven't told her you're not going?
You were supposed to be on the plane 15 minutes ago.
I know, I know.
Where the hell are you?
Ashley? I'm sorry, I should've called before.
We're about to take off.
I thought your family crap was resolved.
I know. I know. I thought it was over too but it wasn't.
- You said you would... - What happened to Ojisan?
He got hurt, honey, but he's gonna be okay.
Is that why the police are here?
There are cops outside.
What's going on?
Ashley, I'm sorry, but I really gotta jump, okay?
Okay, girls, I'm gonna go talk to the police.
- Can you stay with Ojisan? - Okay.
Yeah, I know. Ashley, I know,
you put yourself on the line for me and I'm grateful but...
Look, I really have to go. I'm sorry.
What do they want?
Mr. Tamura?
Yes.
We're responding to a call about an alleged assault and abduction.
If anyone's been assaulted, it's my brother.
- Osamu. - Yeah.
Right. Is he here? 'Cause we'd like to talk to him.
He can't communicate very well, his speech is limited.
Why don't we sort this out at the precinct?
- Officer... - There's nothing to 'sort.'
Okay? Whatever they told you is crap.
They're just trying to cover their asses.
Jiro. Officer, I'm his wife and I'm also an attorney.
We're the victims here.
Maybe we can come in and talk about it.
Not unless you have a warrant.
Which I'm guessing you don't have, otherwise you wouldn't be asking.
Daddy! Daddy! Ojisan's in the pool.
Sam!
Sam. Sam.
Flip him over. Flip him over!
Bring him in.
Come on!
Up. Up!
Got him.
Ojisan!
Girls, come inside. Come inside.
He's not breathing.
No pulse.
Request an ambulance.
18 Teakwood Lane. We got a 10-32.
He saw Sealie, but there wasn't any air!
I said I'd get the pump, but he fell in.
It's okay. Shh.
I'm so sorry. I shouldn't have left them.
It's my fault.
It's not your fault, honey. It was an accident.
Dispatch, EMS will be there in five minutes.
Copy.
California law defines criminal negligence
as "a gross deviation from a reasonable standard of care."
That standard is especially high
when it comes to dependent adults,
as I'm sure you're aware?
I am, yes.
And just to be clear:
you forcibly removed your brother
from the facility legally entrusted with his care,
transported him to your home
where you have an unfenced backyard pool,
and left him unsupervised,
knowing full well he couldn't swim
and would easily drown if he fell in.
Well, thankfully he didn't.
Yes.
Thankfully.
But he very well could have.
Because of your negligence.
Because your so-called attempt to save him
nearly ended his life.
Objection, Your Honor.
Argumentative.
Sustained.
That's all I've got.
Any redirect, Mr. Black?
Uh, Your Honor, I'd like a brief recess to confer.
- Fifteen minutes? - Yes, Your Honor.
I've been reading that jury.
The way they're looking at him.
I have a bad feeling this is going in the wrong direction
but tell me if you think I'm wrong.
We need to go back to the DA and tell him we're taking the plea.
I can see if it's still on the table.
I'm here, you know.
I'm sorry, but we have to be realistic.
Okay? You have a choice in this.
I'm not pleading guilty. I can't.
Jiro.
You may lose this.
I know.
- Which means you could go to prison. - I know, Sarah. I know!
And what about me?
What about the girls?
The damage you could do to them.
This is your life.
Your family.
Are you really willing to take that risk?
Mr. Tamura,
I have only one last question.
You have been repeatedly offered a plea bargain in this case.
One that would allow you to avoid prison time altogether?
Yes. You've advised me to accept it.
Why won't you?
Because accepting the plea
would disqualify me from applying to become
my brother's legal guardian.
Which is what I should have done after our mother died.
And for that I'm...
I'm truly sorry.
Look honestly, I'd always felt ashamed.
Letting my mother care for Osamu his whole life
it's something I imagined could only be a burden.
When she died, my wife and I told ourselves
he'd be better served with professionals.
People with expertise.
But the truth is we were scared.
Of what it might mean to care for him ourselves.
Between our careers and raising our daughters,
I thought it was too much.
That it would spread us too thin.
But if I've learned anything from this experience,
it's that my basic assumption was wrong.
Caring for my brother won't
subtract from how
we parent our children, or do our jobs.
If anything, bringing Osamu
into our home will make us better parents.
And me a better husband.
And I can't get past the idea that I might...
I might not get that chance.
I've made mistakes, okay?
And for those I am sorry.
But I can't plead guilty if it means they won't let me bring
my brother home.
I'm begging you.
Please.
Let me do it right this time.
Come on, Ojisan!
You can do this. We're right here.
Come on, Ojisan.
You can do it. We're right here.
- We'll catch you. We promise! - We'll catch you!
The water's just right.
Come on, Ojisan! Come on!
- You got this. - Come on.
We're waiting for you!
Hey.
Hey. It's okay, Sam.
If you don't want to go in now,
we can always try again tomorrow, okay?
You can do it. We're right here.
1, 2, 3!
I knew you could do it!
Way to go, Sam!
Alright, Sam!
- See? It wasn't so hard. - Way to go, buddy.
Nice.