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And The Band Played On - Recap

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The episode begins and Adam and Harry walk into an auditorium where a marching band is practicing. But they are actually here to meet Phoebe. Harry is now getting anxious and wants to know what’s happening. Phoebe tells her that she is representing Seth Carlson. Phoebe tells her that it is a weird case and that she needs her help. She was Harry to be with her during the plea trial. But the weird part is that, forty members of the band are charged with murder; first degree. Next, Tommy is talking to Alden; and Alden wants him to build a case for him so that he can take it to the DA. He says that he was raped by a woman and the sex wasn’t consensual. The DA’s office said that there is no case and hence he has come to Tommy for help.

Next, Harry is talking to Seth. He explains as to how the hazing ritual was supposed to take place and how it went wrong; Ryan got killed. But he adds that he punches like a girl and couldn’t hurt anyone and feels that his punch couldn’t have killed Ryan. Moreover his eyes were closed as he didn’t like what was happening. Next, Amanda comes to meet Tommy and she is the opposing counsel for Tommy’s case. He tells her that they should depose both parties, and then they could have a talk. He is considering having Oliver and Cassie join him on this one. Next, in the courtroom, we meet Cruikshank representing the DA. The lead counsel of the defense is Sam. Sam tells the court that this is a ridiculous case as it was hazing gone wrong and that the murder wasn’t intentional. One of the defense counsels asks the Judge that each one of them needs to be given a chance to defend their individual clients.

The Judge tells him that they should not be chewing on the same matter again and again as it would be a waste of time. At the office Adam is unsure of letting Sam spearhead the case. Next, during the meeting, Sam displays his erratic style and the other defense counsels unanimously vote against Sam being the spokesperson for the team. Just then Harry suggests that they should challenge the felony murder rule and toss it; this way all these cases go away. Phoebe tells the team that Harry give this one a shot. Next, at the office, Tommy and Amanda are with their clients; Oliver and Cassie are present as well. Alden tells the group that he met this woman at an office party and they got a little flirtatious with each other. They guy who had come with the woman got angry and left. So Alden decided to drop her home.

She invited him in and after a couple of drinks, they started kissing; until this point everything was consensual. But later she started performing oral sex on him, and he wanted her to stop. He kept saying that this is not right as he is married. He adds that he was feeling a little light headed and loopy and so he wasn’t in control of what he was doing. He thinks that she had spiked his drink. She then stopped and later pushed him on the couch and had intercourse with him; and all this while he kept telling her to stop. But she didn’t. He climaxed. Next, Seth and his parents are at the office talking to Harry. She is explaining the felony murder rule to them. Seth’s father finds it ridiculous as Ryan wasn’t murdered and that he died of an attack. Harry knows that this thing is ridiculous. Meanwhile, Tommy questions Cecilia, the woman facing rape charges and he is good.

Amanda doesn’t like the way it is going and she leaves with Cecilia. Next, in the courtroom, the Judge is surprised that Harry wants the felony murder rule tossed. Harry shows the court a video that was shot by the band members. She tells the court that it was a celebratory event that went wrong and since the media is asking for blood justice; the DA is forced to plea with the felony murder rule. The DA wants Seth to testify and says that they can drop out some of them and charge the rest of the band. But Seth’s eyes were closed when the hazing was going on and hence he doesn’t want to testify. Cruickshank presents his case to the court saying that the felony murder is correctly applied in this case and that it should not be tossed. He does a great job. At the office, Adam tells Harry that the way the case is going doesn’t look too good for them.

Harry is upset that the Judge cut her off and didn’t let her finish her statement. Adam tells her that she needs to squash the murder rule so that the boys aren’t sent to prison. Next, Tommy tells Alden that he needs to let this one go as he had taken her help in the beginning and that they look at it being consensual. Alden is upset that despite being a rape victim, he is being asked to let it go. He asks Tommy whether they would tell a woman the same thing. Tommy tells him that they draw certain presumptions with men and different ones with women; maybe be unfair but that’s the case. Alden says that he cannot let it go and that’s why he is here. Next, Tommy is watching the television where Nancy Grace is criticizing Harry. Just then Oliver and Cassie come in and tell Tommy that this case has no hope. Tommy tells them that Alden has no motive, as he isn’t suing to get rich and also that by suing he could risk losing his family. So the only thing is that he is telling the truth. In the courtroom, Harry completes what she has to say.

Initially the Judge doesn’t allow her but its Harry and there is no stopping her. By the time she finishes saying what she has to, the Judge is in a predicament. Meanwhile, Oliver and Cassie are discussing the case and Cassie doesn’t appreciate Oliver’s point of view; she leaves. The next day, Cassie introduces John to Oliver and Jefferson. John is the man who had brought Cecilia to the party. He tells them that Cecilia was a kinky woman and he was fine with it as he wanted to have some fun and that when he first met her, she removed his clothes and was on top of him. He says that it was like a fantasy come true. But then he adds that he does not usually perform well, but with Cecilia he was fully functional. He suspects that she had added Viagra in his drinks. Moreover, he also feels that she had spiked his drinks with something else as well, as he was foggy and he cannot remember the details of that session.

He tells them that he wants to keep this as a secret and doesn’t want to repeat it in public or a formal gathering. Next, the counsels meet with Alden and Cecilia. Alden wants her to acknowledge and apologize for what she had done with him and he doesn’t want to take it any further. Amanda does not want Cecilia to admit to a crime, but she is assured by the other counsels that this would not leave the room. Cecilia says that she is sorry and that she did it because she has always been objectified and groped at since she was 16; and now she wanted to feel the power. Tommy records this statement and plays it back to the group. He tells them that the cops will uses this statement to convict Cecilia. Amanda tells him that this is unfair but Tommy doesn’t pay any heed.

Amanda is furious and leaves. Next, in the courtroom, the Judge drops the felony murder rule on all defendants but all other charges stand and the DA will have to narrow down the group to the actual offenders. This might just exclude Seth. Tommy congratulates Cassie for digging out John and tells her that he isn’t using the tape. Sam arrives at the office to congratulate Harry and asks her out for a drink. Sam is asking her out and Harry responds with an affectionate smile. Next, at a bar, Tommy tells Harry about what happened. He also tells her that he taped it only to scare the woman and he did not use it. Once again they see Phoebe and Adam together and think that possibly there is hope. The episode ends.