Directed by Darnell Martin & Martha Mitchell
Written by Eric Ellis Overmyer
The owner of a jewelry store is killed during an armed robbery and Glen Fordyce, the key witness, vanishes before trial. It is soon discovered that Fordyce used to be known as Levi March; he is a fugitive who was convicted in absentia of his girlfriend's murder. He is caught and arrested again, but his counsel successfully argues that his conviction was unconstitutional. Now McCoy must get him convicted again in a new trial.
On the stand Fordyce alleges he was framed, and the US government wanted to silence him - he was a popular pundit at the time. He claims that the real killer made an anonymous phone call to him confessing the truth. When Southerlyn checks his phone records, she finds that he is still having an affair with a woman he was seeing when he committed the murder. Fordyce's wife is so enraged that she wants to testify against him; she says he privately confessed everything to her. He accepts a plea deal rather than risk spending the rest of his life in jail for murder and felony escape.
This episode contains examples of:
- Ambiguous Situation: It's left ambiguous as to whether Fordyce really did confess to Mrs. Fordyce or if she made up the confession just to spite him for cheating on her. McCoy's dialogue at the end, however, implies he believes the latter.
- Conspiracy Theorist: Fordyce. He claims that his girlfriend was killed because he was speaking out against the US Government, and they silenced her to get to him—all from a confession from an "anonymous agent" he claims he received in a phone call two years prior to the episode's events. This winds up costing him, as McCoy checks his phone records and finds he was calling the same woman he was having an affair with at the time of the murder. Of course, when he's caught by Anne-Marie, his current wife, he just says that the government is still out to get him.
- Domestic Abuse: It's alleged that Fordyce was abusing his girlfriend before she was killed. Unfortunately, the testimony from her sister is considered hearsay, and the mother of the victim had died years ago, so her original statement, though legally admissible, is thrown out when Fordyce's lawyer correctly points out that the original trial was unconstitutional.
- Double-Meaning Title: Fordyce was originally convicted of murder in absentia; in the present day, his absence from court allows another murderer to go free.
- Exact Words: McCoy tries submitting the testimony of the victim's mother from the original trial into evidence, but Fordyce's lawyer successfully objects that the original trial was unconstitutional, and, even though the witness is dead and therefore is entitled to have said evidence submitted, it's no longer legally admissible in court. McCoy then reads the statement to the defense in the law offices to work out a plea deal. When the lawyer points out the dismissal, McCoy points out they aren't in court.
- Halfway Plot Switch: The first part of the episode is about a murder of a shop owner which took place at the beginning of the episode; the second part is about a man murdering his girlfriend 20 years earlier.
- Kangaroo Court: Fordyce's lawyer says that convicting someone in absentia is inherently this. Legally, he's right; the Supreme Court had ruled that in absentia trials are unconstitutional if the person on trial leaves before the proceedings begin.
- The Mafiya: When Fordyce does not show up to testify, it's initially suspected that Fordyce may have been harmed by them on the orders of the robbery suspect, whose family is connected to them.
- Outliving One's Offspring: According to Abbey Sherman's sister, the murder of Abbey literally killed her parents - that is, they were still alive when it happened. Additionally, Abbey's mother testified at the trial in absentia of Levi March, a trial which certainly took place after Abbey's death.
- Ripped From The Head Lines: Based on the case of Ira Einhorn
which also dealt with extradition, conviction in absentia and a mummified corpse. - Screw Politeness, I'm a Senior!: The now-retired detective who'd been in charge of the original murder case is so foul-mouthed, perverted, and racist that even Briscoe thinks he takes it a little too far.
- Screw the Rules, I Have Connections!: Fordyce was tried and convicted in his absence for his girlfriend's murder; although this is very rare, it's mentioned that the victim's family was well-connected enough to swing it. This, combined with the unconstitutionality of the trial, is enough to get it dismissed.
- Shown Their Work:
- Fordyce's lawyer is able to get his initial conviction dismissed because he was convicted "In Absentia", which, according to Crosby v. United States, is not permissible under Rule 43, which reaffirms the rights of the Sixth Amendment to the Constitution to ensure a person is present at every stage in their trial. Per this ruling, Fordyce should have never been convicted, as the trial began without him present. Only in instances where the accused leaves during proceedings does he or she forfeit the right, and can be convicted in absentia.
- Similarly, McCoy tries to enter the testimony of the victim's mother from the original trial into the record, but Fordyce's lawyer objects on the grounds that said witness is dead. McCoy is able to counter that it's still valid since said mother had passed away, which, per Rule 804 of the Federal Rules of Evidence outlining exceptions to Hearsay if the witness is unavailable, is valid under Section A, Part 4. It still is ruled inadmissible when Fordyce's lawyer points out that the evidence can't be submitted because the previous trial was unconstitutional. Per Rule 402 outlining the admissibility of evidence, the aforementioned Crosby ruling validates that claim (as any rule prescribed by the Supreme Court is outlined as one of those exceptions).
- Smug Snake: Fordyce's lawyer. Ironically, he was part of the original trial, though he claims that he regretted being a part of it and represented Fordyce to make up for it. Things initially start going his way until McCoy uncovers phone calls from Fordyce to the same girl he was cheating on his girlfriend with at the time of the latter's death, leading his current wife to threaten to testify against him confessing to the whole thing, leading to a plea deal.
- Spousal Privilege: Subverted. Fordyce's lawyer says that for this reason, Mrs. Fordyce will never be allowed to testify against him (and indeed, the original deal was that she would not be forced to testify against him if she gave him up). She responds that she will—because Fordyce deceived her into the marriage, meaning it was never legally valid.
- Woman Scorned: Mrs. Fordyce, when she learns that her husband was cheating on her with the same woman that lead to the murder driven the episode in the first place.
