Episode 2×05 of How To Get Away With Murder, “Meet Bonnie” begins with a conflicted Asher Millstone fleeing court, where he is supposed to be testifying against Annalise and Co in exchange for immunity in the present case and a mysterious incident from his past. His mind was made up regarding testifying until the end of episode 2×04 (which led to more events in this episode) when Bonnie claimed that she was the one who murdered Sam. Bonnie’s desperate attempt to stop Asher from testifying along with Annalise furthering Bonnie’s attempts by trying to gain sympathy from Asher via footage that allegedly displays Bonnie as a child getting sexually abused by her father. Annalise goes along with Bonnie’s fabricated story that Sam tried to rape Bonnie and she killed him in self defense. This brings us to our first offense of the episode!
Broken Law 1 Alert!
Bonnie and Annalise’s Broken Law:
18 Pa. Cons. Stat. § 4952. Intimidation of witnesses or victims (in relevant part)
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(a) Offense defined.–A person commits an offense if, with the intent to or with the knowledge that his conduct will obstruct, impede, impair, prevent or interfere with the administration of criminal justice, he intimidates or attempts to intimidate any witness or victim to:
(1) Refrain from informing or reporting to any law enforcement officer, prosecuting official or judge concerning any information, document or thing relating to the commission of a crime…
…(3) Withhold any testimony, information, document or thing relating to the commission of a crime from any law enforcement officer, prosecuting official or judge…
…(5) Elude, evade or ignore any request to appear or legal process summoning him to appear to testify or supply evidence.
(6) Absent himself from any proceeding or investigation to which he has been legally summoned.
(b) Grading.–
(1) The offense is a felony of the degree indicated in paragraphs (2) through (4) if:
(i) The actor employs force, violence or deception, or threatens to employ force or violence, upon the witness or victim or, with the requisite intent or knowledge upon any other person..
…(iii) The actor’s conduct is in furtherance of a conspiracy to intimidate a witness or victim…
…(v) The actor has suffered any prior conviction for any violation of this section or any predecessor law hereto, or has been convicted, under any Federal statute or statute of any other state, of an act which would be a violation of this section if committed in this State.
(2) The offense is a felony of the first degree if a felony of the first degree or murder in the first or second degree was charged in the case in which the actor sought to influence or intimidate a witness or victim as specified in this subsection.
(3) The offense is a felony of the second degree if a felony of the second degree is the most serious offense charged in the case in which the actor sought to influence or intimidate a witness or victim as specified in this subsection.
(4) The offense is a felony of the third degree in any other case in which the actor sought to influence or intimidate a witness or victim as specified in this subsection.
(5) Otherwise the offense is a misdemeanor of the second degree.
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These two women are not the best role models when it comes to abiding by the law! Their plan does cause Asher to question his plea deal, although at the end of the episode he seems prepared to cooperate with his father and ADA Sinclair. The remaining Keating 4 catch wind to the threat Asher poses when Asher finally makes an appearance at work, threatening to break Frank’s face if he doesn’t move out of his way and let him speak to Annalise. This leads them to contemplate drugs and orgies before jail.
After a motion by ADA Sinclair to include the Hapstall siblings’ murdered aunt’s testimony in their trial, Annalise assigns the students the task of finding proof that the aunt lied in her testimony; they have until 5 pm.
Michaela finds a video of the aunt’s initial interview with detectives immediately after the murders. It contains the aunt bellowing slurs riddled with “old school racism” as Connor calls it. This show is known for bad timing, so of course, Caleb Hapstall walks in just in time to hear his aunt’s epithets about him and his sister. Michaela assures him that they’re doing their best to get her testimony suppressed.
Next, Michaela and Connor enlist Oliver’s help in the form of hacking into the police department to see what else they can uncover from the bigoted, deceased aunt’s conversation with the detectives. Oliver wonders if Annalise would consider paying him for his criminal endeavors, pointing out that he hacks into the police department almost every other week for them, risking jailtime. Connor and Michaela both insist that Oliver would not want to work for Annalise. They’re correct about that, but Oliver is right about something as well; his conduct does put him at risk of jail time. He would go down for at least one of the following crimes!
Broken Law # 2 Alert!
Oliver’s Broken Laws!
18 Pa. Cons. Stat. § 7613. Computer theft.
| Broken Law |
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(a) Offense defined.–A person commits an offense if he unlawfully accesses or exceeds his authorization to access any data from a computer, computer system or computer network or takes or copies any supporting documentation whether existing or residing internal or external to a computer, computer system or computer network of another with the intent to deprive him thereof.
(b) Grading.–An offense under this section shall constitute a felony of the third degree.
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And/Or:
18 Pa. Cons. Stat.§ 7615. Computer trespass.
| Broken Law |
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(a) Offense defined.–A person commits the offense of computer trespass if he knowingly and without authority or in excess of given authority uses a computer or computer network with the intent to:
(1) temporarily or permanently remove computer data, computer programs or computer software from a computer or computer network;
(b) Grading.–An offense under this section shall constitute a felony of the third degree.
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Additionally, since the information they’re working with is evidence to an ongoing case, he would also be guilty for another crime.
Broken Law # 3 Alert!
Oliver’s Broken Laws Continued!
18 Pa. Cons. Stat. § 4910. Tampering with or fabricating physical evidence (in relevant part)
| Broken Law |
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A person commits a misdemeanor of the second degree if, believing that an official proceeding or investigation is pending or about to be instituted, he:
(1) alters, destroys, conceals or removes any record, document or thing with intent to impair its verity or availability in such proceeding or investigation;…
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*Legal Note: Connor and Michaela would also be guilty for these crimes, and the three of them would likely go down for conspiracy as well.
Oliver’s hacking pulls up the rest of the audio from the aunt’s exchange with the detectives, in which she admits she doesn’t remember anything from the night of the murders. This conflicts with her testimony in court, so Annalise tries to use the footage to get the aunt’s testimony suppressed. ADA Sinclair calls “bull,” and the judge agrees; she plans to investigate the manner in which Annalise obtained this evidence, since it wasn’t in discovery, and find out if she obtained it illegally. Lawyers have laws to abide by too, and Annalise has not done so here.
Broken Law # 4 Alert!
Annalise’s Broken Law!
This information was found in the model rules for professional conduct, which attorneys are expected to follow.
Rule 8.4 Misconduct (in relevant part)
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It is professional misconduct for a lawyer to:
(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
(b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;
(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
(d) engage in conduct that is prejudicial to the administration of justice;….
Comment 2] Many kinds of illegal conduct reflect adversely on fitness to practice law, such as offenses involving fraud and the offense of willful failure to file an income tax return. However, some kinds of offenses carry no such implication. Traditionally, the distinction was drawn in terms of offenses involving “moral turpitude.” That concept can be construed to include offenses concerning some matters of personal morality, such as adultery and comparable offenses, that have no specific connection to fitness for the practice of law. Although a lawyer is personally answerable to the entire criminal law, a lawyer should be professionally answerable only for offenses that indicate lack of those characteristics relevant to law practice. Offenses involving violence, dishonesty, breach of trust, or serious interference with the administration of justice are in that category. A pattern of repeated offenses, even ones of minor significance when considered separately, can indicate indifference to legal obligation.”
I also found a note from the Pennsylvania bar association:
The Pennsylvania Bar Association approached the situation a bit differently. Opinion No. 2008-02 (2008) states that the lawyer must first determine whether there is a risk of criminal or civil liability because of the way the documents were obtained and, if there is, and if the client insists on using the documents, the lawyer should “seriously consider withdrawing from the representation.”
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After court, Wes leaves, claiming that he’s going to get the orgy drugs since they just lost and Asher’s still out there. Instead, he and Levi/Eggs911 confront Bruno at the cemetery about his interactions with Frank. Levi decides it would be a great idea to pull out a gun on Bruno. Wes disagrees with his actions and so does Pennsylvania law.
Broken Law # 5 Alert!
Levi’s Broken Law!
18 Pa. Cons. Stat. § 2701. Simple assault (in relevant part)
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(a) Offense defined.–Except as provided under section 2702 (relating to aggravated assault), a person is guilty of assault if he:
…(3) attempts by physical menace to put another in fear of imminent serious bodily injury;…
(b) Grading.–Simple assault is a misdemeanor of the second degree…
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It’s great to see Wes exercising such good judgment in the company he keeps. Frank and Annalise don’t want the students anywhere near Levi, so Frank takes care of him by planting drugs in his car then calling the police to report a drug dealer. Pat yourself on the back if you guessed that Frank’s behavior is against the law!
Broken Law # 6 Alert!
Frank’s Broken Laws!
18 Pa. Cons. Stat. § 4906. False reports to law enforcement authorities (in relevant part)
| Broken Law |
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(a) Falsely incriminating another.–Except as provided in subsection (c), a person who knowingly gives false information to any law enforcement officer with intent to implicate another commits a misdemeanor of the second degree.
(b) Fictitious reports.– …a person commits a misdemeanor of the third degree if he:
(1) reports to law enforcement authorities an offense or other incident within their concern knowing that it did not occur; or
(2) pretends to furnish such authorities with information relating to an offense or incident when he knows he has no information relating to such offense or incident.
Additionally, Frank is the one who would really get in trouble the drug infractions for which the police arrested Levi aka Heisenberg.
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Let’s see what other trouble our favorite crew of criminals gets into! Thanks for reading and I will update soon!
