Day two of my Netflix binge. Ow, my head hurts. I guess that's what happens when the Punisher shoots you in your armored head. Oh no, wait, I'm just hung over from all the Manhattans I drank last night. Oh well, time to pick up where I left off. As an aside, to start, my settings got messed up so the episode started with the Yakuza people with Chinese subtitles. It thought it was weird to have them speak Japanese and show the Kanji, but leave it untranslated. Anyone know what they were saying?
I have mixed feelings about this episode. Like most of the times that happens, it's the legal aspects. This post will probably be for those who care about the legal aspects more than anything else. I hate the trope of the "lazy green Public Defender." There are plenty of lazy lawyers. There are plenty of court-appointed lawyers who do seem to not care. But people who are fresh out of law school and sign up to be Public Defenders are generally true believers. They're the most zealous, dedicated around (I say this because I am one of them). It's perpetuating a negative stereotype that hurts poor people because they end up not trusting their own representation. I get that it makes sense narratively, but it still troubles me. I'm going to try and justify it as Reyes pulling strings to essentially choose her opposing counsel (given the corruption last season with the Kingpin, I can imagine it just doesn't vanish overnight). Plus, isn't it true that there's no "Public Defender" in New York. I thought it was the Legal Aid Society. They should have just said "court-appointed lawyer" (the legal aid society was conflicted out because they represented one of his victims previously). That would have fit well and, as a Public Defender, I have nothing against bashing private court-appointed lawyers
There are technically other legal issues as well. One is the conflict of interest they mentioned in the episode - they represented someone he's alleged to have killed. It's a deceased client, but he can't waive that conflict and it's possible their previous representation hurts their current client's interests. On the other hand, they're right that Reyes can't call them on that. However, there's also a rule against soliciting clients in person. I think it's a dumb rule and it's often violated in exactly these contexts, but it does exist. I did cheer when Matt pointed out the obvious that Reyes was on thin ice ethically too by being there when she can't speak with Frank Castle without his legal representation present.
My complaints aside, I like what they've set up. I'm glad the Punisher storyline hasn't been abandoned. I'm glad they're representing someone who "is guilty." Furthermore, I like Frank Castle's interactions with the lawyers. For one thing, he doesn't like them since they defend the scumbags he puts away. He also isn't going to appreciate legal arguments that "hide the truth" or let someone "get away with something." Basically, defense attorneys are the antithesis of what he believes in (while he still needs to rely on them because he's a soldier. He doesn't understand the complexities of the legal world). I think, on top of her being in his house, it explains why he trusts Karen. Foggy is a lawyer, used to talking out of both sides of his mouth. Karen is someone he can see as honest. I also like that this theme is a continuation of the previous debate between Daredevil and Punisher. Each man is a world. Just like the people previously didn't deserve to die, Frank Castle doesn't deserve to die (even with 30-something murders, which would qualify you for the death penalty in Delaware*). I like the other story with Matt and Elektra, although it's clear that Daredevil is undermining Nelson and Murdock. I also want to point out that this is the first confirmation of Matt's blind cane being his billy club (at least, that it's heavy enough to be). A real blind cane wouldn't knock someone out. They certainly didn't have to keep that part (since it isn't all that realistic), but I like that they did (especially since he can't keep his costume under his clothes, so it's the only weapon he'd have as Matt Murdock under cover).
* If someone wants me to explain the procedure for the Delaware death penalty, I'd be happy to do so. Obviously, that's beyond the scope of this post (although it's been subject to some constitutional issues recently with a Supreme Court ruling that probably occurred after this episode was written). I do like that they acknowledged that New York doesn't really have the death penalty (which is something Law and Order routinely ignored because, hey, it's good drama).
Four Stars. The little things brought this episode down for me and I didn't think the other things that happened boosted it back up. It's a good episode, though. The biggest thing is what it sets up for the future. I do like where the Frank Castle story is going (there ain't no way in hell a trial would be set a week later but I'm going with the Reyes having disproportionate power explanation to hand-waive everything that doesn't make sense).