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See that aspiring model there? That was me, Deb until the day I died. I thought I'd go straight to Heaven, but there was a bit of a mix-up and I woke up in someone else's body. So now I'm Jane, a super-busy lawyer with my very own assistant. I got a new life, a new wardrobe, and the only people who really know what's going on with me are my girlfriend Stacy and my guardian angel, Fred. I used to think everything happened for a reason Whoo! and, well, I sure hope I was right. Drop Dead Diva 3x13 - Change of Heart Original air date September 25, 2011 Buongiorno. How did you know I was craving a cappuccino? Oh, I took a gamble. You were talking in your sleep in Italian. I was having my Italian dream again. Ooh. Belissimo. Grazie. Was my roommate in the kitchen? I don't think she came home last night. Let's go out for breakfast. You just want to avoid Stacy. Well, that's true. We haven't spoken since I confronted her about her attitude, and the last thing I want to hear about is some A-list Hollywood party she went to last night. All right. Let's go find some cornetto. Who knows? Maybe some brioche with a little marmellata on top. If we're gonna have an Italian breakfast, let's do it right. This is a nightmare! The sounds, the smells, the polyester sheets what did I do to deserve this?! You punched Brian Pullman in the face. It's all over YouTube. I did. I lost my head. How did I look? Let's focus on getting you out of here. Because it's a first offense, the D.A.'s office is offering an A.C.D. Oh, that's amazing! A what? It means, if you stay out of trouble, - the whole thing goes away. - Really? Like liposuction for your criminal record. You son of a ***! You're doing my assistant and my commercial? You turned down the commercial. I could watch this all day. - What are we watching? - You told me to! That's for summer, and that's for besmirching! Oh, my God! How is she not in jail?! - She is. - What? That's why she called us last night to bail her out. Oh, my God. I sent her to voicemail. I am the worst friend ever. I I have to get down there. Grayson's on it. And you have an appointment. Judge Maxwell's office called. You were court-ordered to provide pro bono assistance for an Aaron Howard. - Wait. Who? - He's a death-row prisoner. He killed a guy during a drug deal eight years ago. He's gonna be executed in 72 hours. What does he want with me? Probably what everyone on death row wants. Please don't say "conjugal visit." - No. To get off of death row. - Oh. I looked at his file. You know, there's no real reversible errors. Just some small stuff, like they misspelled his name twice, the D.A. never handed over the victim's death certificate. There's nothing to hang an appeal on. Can't I just say no? Not to Judge Maxwell. Even Kim's afraid of him. And to think, this day started off with a cappuccino in bed. Mm. Hey. Hey. Do you have a minute? For the boss? Always. Listen, uh, I realize last night might have been inappropriate. The kissing? Yeah. Uh, I promise, it won't happen again. Well, that'd be a shame. Really. Well, here's how I remember it I kissed you first. Parker can I talk to you for a second? What's up? Um, I want to apologize for last night. Walking out in the middle of dinner it was unprofessional. I picked a fight with you because you hired your ex-girlfriend. Kim No. I was out of line. Your reaction was understandable. Because the truth is, - I have some unresolved feelings - I don't care. And that's not a passive-aggressive. "I don't care." When I came back three months ago, I told myself that it had everything to do with work and nothing to do with you. I got sidetracked. Here. A partnership agreement? I deserve it. If not, I'm prepared to leave. And I suspect a significant number of clients will follow me. It's been a good year. You're giving me an ultimatum? I've never liked that word but yes. Your Honor, the A.D.A. and I spoke, and he agreed to a deal Actually, the deal is off the table. What? We just spoke an hour ago. My office can only offer an A.C.D. to first-time offenders. My client is a first-time offender. Not according to her record. You pled guilty to a criminal trespass? Oh, that? It was a long time ago, and it doesn't count. I picked up trash on the beach for a month. That's called community service, which means you pled guilty. Oh. The charge is assault. How do you plead? Not guilty. - Not guilty. - So noted. We'll set a trial date this afternoon. Tell me I shouldn't worry. No cellphones, don't hand him anything, no physical contact of any sort. I wasn't planning on it. And you might want to cover up. Warden, you sound like my dad before I went to prom. If you need any assistance, there will be a guard right outside. Hmm? Aaron? Hi. I am Jane Bingum. Please, have a seat. I'm afraid I won't be much help with an appeal. I don't want an appeal. I'm sorry. What did you say? I deserve what's coming. Then why did you ask for a lawyer? My sister, Tina, was born with a congenital heart defect. She hasn't talked to me since I've been in here, but my cousin, he gives me updates. She's dying. I want to give her my heart. I'm a perfect match. But the problem is the state won't allow it. Miss Bingum, I'm gonna die no matter what. Please help me save my sister's life. - Bingum! - Parker, no time to talk. I've got a death-row inmate who wants to donate his heart to his dying sister. But lethal injection in California requires three drugs. The third drug renders the heart unsuitable for transplant. - Sounds like a non-starter. - Not quite. In Ohio and Washington State, a single-drug protocol causes death without damaging the heart. So you need to convince the court to allow the protocol here. Yes. But first, I have to find his sister and see if she'll even take the heart. Ooh. Sounds like you're gonna need a little help with this one. Oh, thank you! Um, okay, if you could start by tracking down - the most recent capital cases - Kaswell! You're second-chairing Bingum's pro bono. What? I was wrongfully convicted, like that guy in "The Fugitive", or the teacher in "Gossip Girl", or Ashley Judd in - "Double Jeopardy"? - Yeah! Here's the difference. You pled guilty. Why would you do that if it wasn't you? I was covering for somebody. - For who? - For I don't want to say. Okay, fine. It was Deb. Deb broke into someone's house? Not just anyone's house. Deidre Hall's house. Deidre Hall. The soap-opera star? Deb had an audition for "Days Of Our Lives". She was going to play one of Marlena Evans' genetically engineered twins. You know, the ones she had on the island during her drug-induced coma? Well, Deb decided the best way to prepare would be to rehearse in Deidre's house. For inspiration. Like method acting. You didn't talk her out of that? Well, you know how she was when she had an idea. Remember that summer she thought I'd look like Vin Diesel if I shaved my head? Yeah. Who knew a head could be so lumpy? Anyway, I let her take my car. When she left Deidre Hall's house, she tripped an alarm, and someone spotted my license plate. And that night, the cops paid you a visit. I knew that Deb had the audition the next day, so I told them I did it. You did that for her? She would have done the same for me. Look, I cannot go back to jail. I am not as tough as Paris or Lindsay. Hey, I'll figure something out. - Okay? - Okay. Thanks. The answer is no. You don't want his heart? No. I'm sorry to push, but this may be your last hope. I went to that boy's funeral the one that my brother killed. I saw what Aaron took from that family. I don't want anything from him. I'm gonna take my chances on the transplant list, so please, go. You're incredibly selfish. - Kim! - Excuse me? You're gonna "take your chances with the transplant list"? There's a dozen people waiting for any heart you take, which means my cousin Nick could die because of you. He's been waiting six months for the chance you're spitting at. This is a waste of time. Let's go. Wait. I'm not making any promises, but I will talk to Aaron. I had no idea about your cousin Nick. I'm sorry. I don't have a cousin Nick. But someone does. Hey! I might have found a loophole. I knew it was legal to punch a guy who cheats on you with your assistant! - Nope. That's still a crime. - Mm. But I've been reading your file, and we may be able to retry the old trespass case. I know what you're thinking, and knock it off. I wasn't thinking anything. You think she's no longer a big *** diva, and you just want to run into that office and throw your arms around her and never let her go. Okay, that's kind of what I was thinking. But a little bit dirtier. - Don't, Fred. You've got to be strong. - Why? Remember what it was like to watch her kiss another dude right in front of you her lips on his. The lies, the betrayal. How she took your trust and soaked it in gasoline and set it on fire. You're right. She did. Hi, Fred. Um, do you think we could talk? Uh, well Does someone smell gasoline? Actually, I'm I'm busy. I I'm doing stuff. So Make any friends in the clink? Tina hasn't made a decision. She just agreed to come see you. What do you need to see? That I regret what I did? That I accept the consequences of my actions? Part of me hoped that I wouldn't recognize you, but I do, and I Jane, I can't. Remember Dana Point? The summer that I taught you how to surf? The first time you got up on your board, stood on your feet for about 5 seconds, and then a swell buried you, and you I didn't know which way was up. You grabbed my arm, pulled me to the surface, and told me to breathe. That's what I'm doing now. I hear you have a new business. A travel agency. It's really very nice. It's probably the last one in the country. Turns out there's this thing called the Internet. Leave it to me, right? No, it it makes perfect sense. We always talked about wanting to travel the world. Tina, you need to make a decision. Please. If there's one good thing that I could do with my life before I die maybe it's all okay. I don't want to make it okay. Don't you get that? If I take your heart, it's like I benefit from what you did. You can't change what happened. But there's no reason for you to die, too. That doesn't help anyone. Tina, please. Please. Please. Please, please. Okay. Yeah. Counselors, as I see it, the transplant issue is moot until we settle the larger question how Mr. Howard is to be executed. A single injection of pentobarbital will do its job without destroying Aaron's heart. State law stipulates how inmates are to be put to death. It is not for this court to settle. This court has a duty to mandate a change if current protocol violates the 8th amendment prohibition against cruel and unusual punishment which it does. According to whom? Let us call one witness, and we'll prove it. When can your witness be here? He's already here. We call warden Richard Stekler. Warden, who was in charge of the prison two years ago when an inmate named Reggie Allen was executed? I was. Isn't it true that the drug that was supposed to render him unconscious didn't work? It worked. It just took a little bit longer than expected. Here is the official report. Would you please read the highlighted portion? "Reggie appeared to be awake the entire time." "He gasped for air, arched his back, spasmed," "and cried out long after he should have been out." Are you okay? "After two witnesses became ill," "the curtains had to be drawn." "Arched his back, spasmed, and cried out." That doesn't seem cruel and unusual to you? Your Honor, Ohio and Washington switched to a single drug after similarly botched executions. Shouldn't we do the same? All right. You'll have my decision by 5:00 P.M. Witness is excused. We are at recess. Your client wishes to withdraw her plea on a 6-year-old misdemeanor? See, after Ms. Barrett pled guilty and completed the community service, the D.A.'s office never entered e verdict. Come on. This is ridiculous. This kind of thing happens all the time. I rule Ms. Barrett has the right to withdraw her plea and go to trial on the break-in. - Yeah! - Thank you. Okay, since we're reopening the old case, the state amends the trespass charge to include felony burglary. That's two to six years. What are you talking about? When my office got notice of your motion, we contacted Deidre Hall, who informed us that, on the night of the break-in, a pair of custom-made leather boots were stolen. What? Your Honor, she didn't report She didn't report the theft at the time because she feared the tabloids would embarrass her, as she had just donated a large sum of money to a bird sanctuary. And the boots were Ostrich leather. I saw them in "Vogue". Security footage taken that night. That could be any young blond woman. I think a jury would have no problem connecting the dots. - Your Honor - You started this, Mr. Kent. The jury will hear the new charges. - Hi. Sorry I'm late. - Hey! No, no, no, no. No apologies necessary. - My mood is that good. - Really? Well, then I will have what you're having. - I just got the call. - What call? I'm going to sail on an America's Cup yacht. Oh, that's amazing! It's a dream come true. Day after tomorrow, I leave for New Zealand. But I thought it was the America's Cup. The boat's based in Auckland. I'll be training there for a year. So, you're just gonna move to New Zealand? - Why not? - Well, because because you're a judge. Okay. Okay, Mr. Free-And-Easy-No-Baggage. I mean, don't get me wrong I would I would love to drop everything and move to Italy, you know, and spend my nights with fashionistas and my days sleeping off my nights. You know, but it's the real world. And New Zealand's part of that world. Come with me. What? You'll love it there. It's middle-earth. Friendly people, great wine. Maybe we'll see a hobbit. Who knows? Owen, I can't go with you. Did you honestly think I was gonna say yes? Uh I never thought you'd say no. I was looking for the temp. You know - Elisa? - Yeah. You brought her a blended coffee beverage? New policy senior staff treats the temps to coffee. Huh. Couldn't have started that policy when I was a temp? Is she back from lunch yet? No. She just called. She had to go to the emergency room. What? What's wrong? She didn't say. You stole those boots! What? Six years ago, I let you borrow my car, and you broke into Deidre Hall's house, even after I told you it was a bad idea. And then you stole her Ostrich leather boots, and you never told me! That's crazy! I covered for you, and I spent the summer picking up trash on the beach! I even touched a pair of underpants with Gary Busey's name sewn on them, and now I'm going to jail because of you. And also because I punched Brian. But mostly because of you! Hey! I apologized every single day that summer. And do you know why? Because that is what best friends do. And do you know when else best friends apologize? When they have been really mean and braggy and they've said some pretty horrible things just because they're on a TV show. Maybe I would have apologized if you hadn't gotten everyone to turn against me. We were trying to bring you back down to earth, but you weren't listening! Well, I'm listening now. I am sorry. I was so mean to you, and I was so mean to Fred. And now I've ruined everything! It's okay. Come here. And I'm sorry I accused you of stealing Deidre Hall's boots when she probably just lost them. Sweetie Yeah? I did steal those boots. You stole those boots?! Yes! Because I I was in her house, and I was getting inspired, and I I went to her closet, and they were they were so spectacular. I know. And then a minute later, there's sirens, and I can't get the damn boots off! I panicked, and I ran to that car with those boots on. Well, why didn't you tell me? I really couldn't say anything. You'd never forgive me. Of course I would. I mean, that's what best friends do. Elisa? Who are you? I think I have the wrong room. If you're looking for Elisa, she'll be right back. Who are you? I asked you first. I'm Jay Parker. I'm Eric. What happened to your arm? Got in a fight. Really? - With a skateboard. - Ouch. How do you know Elisa? That's easy. She's my mom. I'm sorry? What for? Elisa's your mom? Yeah. She'll be right back. How old are you, Eric? He's 7. Hey, mom. Can we go now? Soon, baby. Jay, can I speak to you outside, please? You have a kid. A 7-year-old. We were together eight years ago. Jay You never even told me you were a mom. I mean, you got to go pretty far out of your way not to bring that up. He's mine, isn't he? I was gonna tell you. Whoa. I you were gonna? You've had seven years. Seven years! When were you thinking you might tell me?! Please don't raise your voice at me. Okay, you don't know how many times I started to call you. But every time, it just I can't do this right now. Nothing worse than waiting for a phone to ring, right? The judge said 5:00 P.M. So we've got another 15 minutes. Well, maybe that's good news. I mean, if it was a no, wouldn't he have done it quickly? There's no telling. Hello? Jane Bingum. Yes. Yes, I I understand. Thank you. I'm so sorry. Tina, this is not over. We've already prepared the appeal. We will go - to the Supreme Court if we have to. - Yes. I think I just need some air. Okay, let's split up the roster, find a judge. Someone's got to be willing to stay Judge Maxwell's order until we can find - Tina?! - Oh, my God! - Tina! - Tina! Oh, my God. - Is she breathing? - I don't know. Somebody get some help! - Tina! - Tina?! It's viral miacorditis. Basically, the faulty valve finally gave out. What are her options? She needs a new heart now. What about the transplant list? Her condition puts her near the top when a compatible heart becomes available, but I'm so sorry. I tried to reach you. I had to turn my phone off. What is it? The prison called. Aaron's last rites are tonight at 9:00 P.M. He wants you there. Uh-huh. Jay. I should have told you back then. You think? - I was waiting - For what? See if I fell for you again? Was it just one big test? If I pass, I meet my kid? No. I understand why you came back, all right? That ought to cover it. Do you really think What? Not enough? You sure about this? Trust me. The boots are here. Deb organized her footwear by designer and season. Right, and then I just kind of threw everything into random boxes. Well, let's dive in. These are spectacular. I totally get why she stole them. Scotch in the middle of the day, huh? Parker, I need an answer. To my proposal? Your ultimatum? No. You can't get an answer. Not right now. You remember the part where I said I would leave and my clients would follow. Well, you wouldn't be the first woman to walk out on me today. Elisa? She's got a kid. We've got a kid. Eric. He's 7. Oh, my God. Yeah, I found out about three hours ago. I think I handled it pretty well. I yelled at her in a crowded hospital, and then I yelled at her in the privacy of my own office, and then I wrote her a check and said, "that ought to cover it". You didn't. Oh, yeah. I'm a real prince. What am I gonna do? We don't get infinite opportunities to do the right thing. You need to fix this. Can I help you? I'm looking for Fred. He is not here. Teri, I really need to talk to him. He doesn't want to see you not today, not tomorrow, not ever. Could you give him a message? Keep it short. Tell him I'm sorry, and I know that I ruined everything, but I can't imagine my life without him. And every time there's a knock at my door, I'm gonna hope that it's him. Wow. Are those real tears? 'Cause your acting's not that good. I love him, Teri. What the hell are you doing here? We're here to see our client. He wants us present for his last rites. Aaron Howard just hanged himself in his cell 15 minutes ago. - Oh, my God. - What? The doctors just pronounced him brain-dead. He's on life support in the prison hospital. He found a way to do it. That's why we're here. I'll call the hospital, tell them to let the transplant team know. We're gonna need to move the body immediately. That's not gonna happen. Excuse me? As long as his heart's still beating, he's still my prisoner. He's not going anywhere. Look, we have a very small window of opportunity here. We have rules, and Aaron Howard tried to go around them. I won't let that happen. Warden, please. If Tina Howard doesn't get that heart, she'll die. Your Honor, Aaron Howard was pronounced brain-dead by prison physicians, yet the warden refuses to release his body. As is his right, consistent with the broad discretion accorded by the Department of Corrections. The warden still considers him a prisoner. Okay, fine. So, if that's the case, then we ask that you pardon Mr. Howard and order his immediate release. What? - Did I stutter? - Ms. Bingum, only the governor has the power to grant a pardon. Now, I'm sympathetic, but unless you have a legal argument that falls within my purview, there's nothing I can do. During Aaron Howard's trial, the prosecution failed to turn over the death certificate for the victim. Is this true? Who knows? But even if it were, there's no question that the victim died, Your Honor. We move to appeal Aaron Howard's conviction on the grounds that significant discovery was withheld. We all know a missing death certificate is not significant. Come on. Oh, I don't know that. Ms. Kaswell, do you know that? I do not. That's why we have judges. I believe a question like this does fall under a judge's purview. Yes, it does. Motion granted. You'll be overturned. It'll never stand up. Well, maybe not, but at least a life will have been saved. Release Aaron Howard. Mr. Kent, even if I were to accept where these boots were found, how are they relevant to proving your client's innocence? That will all be explained by my next witness Ms. Deidre Hall. Ms. Hall, was your house broken into on the night of June 12, 2005? Yes, it was. Was anything taken? My custom-made Ostrich-leather boots. Ms. Hall, are these your missing boots? Size 6. They are. I love those boots. Your Honor, I'd like to now enter into evidence my client's feet size 8 1/2. Objection! Her feet? It's very simple. The A.D.A.'s entire case is based on my client entering Ms. Hall's house and walking out wearing these boots. Let's see if that's possible. I'll allow it. I'm glad I got a pedicure. Any day now, Ms. Barrett. I'm trying. This is nuts. Oh, stop it! You'll destroy them! There you have it, Your Honor. Stacy Barrett couldn't possibly wear these boots not now, not then. It wasn't her on the video, and it wasn't her in the house. Hey. Good morning. I just talked with your doctor. She said the operation was a "complete success", and that is a direct quote. I don't know how to thank you. I have no words. Hi. - I'll check in on you later. - Okay. I'm really sorry to interrupt. Oh, that's okay. What's going on? Teri told me where to find you. I'm, uh I'm on my way to the airport, but I had to come here first, because I had to try one more time. Owen. Please, let me finish. I did it all wrong, the way that I asked. I told you about New Zealand, and then I invited you along, like it was an afterthought, but it wasn't. From the moment I got the call, all I could think about was being there, together having everything that I love in my life in one place. Come with me. It sounds amazing. Then say yes. I wish I could. But people depend on me here clients, friends, colleagues at work. My life is here. So, I I can't. But I love that you asked. You wanted to see me? I have news. Oh, my God. You're standing up. It's bad news. I'm going to jail. No, the judge held the A.D.A. to his original offer on the assault Huh? which is a long way of saying, "you're a free woman". Oh, my God. - I know. - Oh, my God! - I know. - Thank you so much! Grayson. I'm sorry. No, no. The last few days Y you're so much like Deb, and and when I'm with you, it's like I'm with her. Grayson, listen to me. I'm not Deb. Jane is. Congratulations partner. Thank you. You were right. You've proven yourself a solid lawyer and a capable leader, and that's exactly what this firm needs. Especially now. Wait. "Now"? Elisa and Eric are gone. Went by the house. It's cleared out. She has family in Chicago. I'm going after them. To Chicago. Mm. For how long? However long it takes. And while I'm away you're in charge. Owen! Hi. Jane? I was afraid I was gonna miss you. You changed your mind. You raced down here. You caught me just in the nick of time. Th this is like the end of a movie or something. Owen, you're such an amazing guy. And do you know how I know that? Because you inspired me to follow my dream. Which isn't in New Zealand. Italy. Italy. My plane leaves in 15 minutes. I'm gonna start fresh. You know, no baggage. Literally. I mean, who needs old clothes when there's a Prada outlet right outside Milan? I'm going to miss you, Jane. I'll miss you, too. Bye. Cutting it a little close, aren't we? They're boarding. What are you doing here? Teri showed me your text. Something about sending a postcard from fashion week in Milan? Please, just don't try and stop me. Okay. I'm happy for you, Jane. You're finally living your life. And besides, I've never been to Italy, so why not? You're not coming. I have to do this on my own. Are you okay with that? Uh actually, I am relieved. See, I have a little dream myself. Oh-ho. I am going to propose to Stacy. Oh. "Oh"? How about "congratulations, Fred"? Fred, I have to tell you something and i it's gonna hurt. I saw Grayson and Stacy kissing in the office. No! No! Stacy told Teri how much she loved me. I I was there. I I heard it. You know, I should have seen this coming. Stacy really is Grayson's type. I mean, I should know. I used to be. What do I do now? Well, um, look, there's a whole world out there, Fred. Take your pick. Ladies and gentlemen, this is the final boarding call for flight 543 to Milan. Okay, that's me. I got to go. Oh, okay. Thank you. Wait, wait! That's my flight! Sorry, sir, the doors have closed. No, you don't understand. Look, I have a ticket. You need to get me on that plane. Please. Let me see what I can do. Buongiorno. Is this seat taken? I'm sorry. You're too late. But what about the America's Cup? I can sail on a boat any day of the year. How often am I gonna get a chance to see Italy with you? If you're okay with it. I am very much okay with it. Addio vecchia vita. Arresto seguente, Italia.