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The Defenders - Episode 1.09 - Whitten v. Fenlee - Recap

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In this episode, Nick represents the plaintive Lacy Whitten (Linara Washington) in a civil suit against builder Fenlee Construction over the wrongful death of her husband Troy, who fell to his death at one of their work sites. It feels strange to see Nick on the other side of the courtroom.

Lacy Whitten was arrested for protesting on Fenlee Construction property, but Nick can have the charges dropped if she consents to going to grief counselling.

Pete defends a blogger who was being sued by an illusionist for revealing his trick on his blog. He refuses to expose his source, at risk of being in contempt of court.

Opposing counsel for Fenlee Construction send all documents pertinent to their case. The mountains of paperwork nearly fill Nicks office. They discover that another worker, an electrician had also died at the same work site as Troy, but Fenlee paid off the widow enough money for her to buy a "McMansion" in exchange for nondisclosure agreement.

At a meeting with the corporate lawyers, the lead counsel Cordell tells them if they try to make a case, it will likely cost Nick and his client time and money that will result in a no fault outcome for Fenlee Construction.

While Fenlee is willing to offer Lacy 5 million dollars in settlement. Lacy turns down the offer. She wants to continue with the lawsuit.

Later, Nick and Pete rue over what they could have done with their share of the 5 million.


Cordell (Christopher Stanley) is doing a good job at sinking their case. Nick has met his match. Over lunch at a busy restaurant, Nick made an inspired connection. Lacy's husband died at period of the construction boom. A time of added pressure to build on time. He wants to examine again the city inspection reports. Pete is amazed that he's got that from his dirty fork. To that Nick remarks, "That's why it's Morelli & Kaczmarek, Mister Kaczmarek."

They talked to the city inspector at the time and found evidence of corruption involving city regulators to ensure constuction went smoothly.

The blogger's source (Penn Jillet) testifies that the trick is not original. "Stealing the legacy [of other magicians] and claiming it for oneself is a sin." In light of this evidence, Pete moved to have the case dismissed.

Back to the trial against Fenlee, Nick questions the Chief Executive Officer of Fenlee Construction, about the money that changed hands between his company and the City Building Safety Commission. He admits that it resulted in the unsafe conditions that lead to Troy Whitten's death.


Nick closes with simple facts. "My client is less interested in blame ... no other woman should have to go from being a wife in the morning to a widow in the evening."

Nick asks the jury to find Fenlee liable and award Lacy Whitten $1 for pain and suffering.

"This was never about the money, it was about making a change."

The jury finds Fenlee guilty of negligence and award Lacy 9 million dollars.

Lacy didn't want to profit from Troy's death. She asks Nick to help her create a college fund for children of family who have lost loved ones due to constuction accidents. He'll do it and offered his share too, minus court expenses, he would not be like those bloodsucking lawyers. (That's a lot of money to give up. The guy has got heart.)


Here are some of my favourite moments in this episode.

Pete's reaction to Zoey telling him about the blog that people her age read. - "I am old."

Nick on the barter pastries from a client who is behind in payment. - "We are donut people, not pastry people. Pastries dry too hard and they are expensive."

Nick on not wanting to know how a trick is done. - "Magic ... fills you with wonderment."

It was a great episode. I give it 9/10.


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