The court calls Downey as a witness. In an aside, Markinson reads a letter he’s written to Santiago’s parents in which he apologizes that he was not “strong enough” (88) to prevent their son’s death. In the courtroom, Kaffee asks Downey about the Code Red given to Santiago. Downey reiterates that Kendrick ordered the Code Red. However, Ross points out that Downey did not hear the order directly from Kendrick, as he was not at the meeting due to an issue with his vehicle. When Ross tries to get Downey to admit that Dawson told him about Kendrick’s order for the Code Red, Galloway tries to halt the line of questioning. Downey is hesitant to answer, so he looks to Dawson for guidance. Dawson tells him to be honest. Downey says that Dawson gave him the order for the Code Red.

Later, Galloway and Weinburg discuss the worsening trial. Kaffee enters in a surprisingly good mood. He’s drunk. As Galloway plots their tactics, Kaffee reveals that Markinson killed himself. Though Kaffee is resigned to losing the case, Galloway thinks that they can win. She suggests that they call Jessup as a witness.