Kate`s standing with Locke and Sawyer may be jeopardized when her need to get information from the hostages becomes her top priority.
Locke fixes breakfast and takes it to Ben, whom he now has locked in the basement. Ben asks why he was moved out of the rec room. Locke says he wanted Ben under his own roof. Locke asks again who Ben`s spy is on the ship. Ben points out that hitting dead ends, unable to contact Jacob and not knowing what to do next, Locke is more lost than he ever was.
Kate is staying with Claire, but Sawyer offers his house (once he gets Hurley to move out). Kate says she`s not moving in with him, and Sawyer wants to know why she even stayed. She won`t tell Sawyer because she doesn`t trust him. Sawyer asks if it`s because of the pregnancy thing, which makes Kate mad. She tells him to go home.
WHOOSH to Kate being led into the LA criminal courthouse surrounded by reporters and photographers. It`s the start of Kate`s trial, and the charges are read to the court: fraud, arson, assault on a federal officer, assault with a deadly weapon, grand larceny, grand theft auto and murder in the first degree. Kate pleads not guilty, even though we`ve seen her do every one of those things. Then something unexpected happens: Kate is denied bail and taken into custody. Snap, snap. Kate is back in cuffs.
WHOOSH to the beach camp where Jin practices his English with Sun by naming the American cities they can live in after they`re rescued. Sun tells Jin she wants to go back to Korea to raise her baby. Jin reminds her it`s their baby. Jack and Juliet return with Faraday and Charlotte. Jack explains that Sayid and Desmond left on the helicopter and flew to the freighter to bring help. Sun asks about Kate, and is concerned to learn that she stayed with Locke`s group.
At the barracks, Kate wants to know where Locke is keeping Miles. She wants to talk to him, but Locke tells her no. He`s not running a democracy. Kate says that makes it a dictatorship, but Locke points out that if he were a dictator, he`d just shoot her and get on with his day. Not to be stopped, Kate intercepts Hurley taking food to Miles and tricks the location out of him: Miles is in the boat house. Kate goes there and asks Miles if he knows who she is and what she did. Miles makes a deal with her: he`ll answer her questions only if she brings him Ben.
WHOOSH to the Los Angeles county jail. Kate and her lawyer, Duncan Forrester, go over strategy. Forrester says the only way to win the case is to make it about character, not about what she did. He wants to bring him in. Kate refuses. She won`t allow him to use her son.
Cut to mid-trial when Forrester unexpectedly calls Jack to the stand. Kate is taken aback. The Judge reminds the jury that Jack is only a character witness who did not meet Kate until after her alleged crimes. Forrester begins to ask Jack questions, and we finally get our first window into the story of the Oceanic Six. Jack says they were both passengers on Oceanic flight 815 which crash-landed on an island in the South Pacific. He learned from Kate that she was being transported by a U. S. Marshal who died during the crash. Only eight survived the crash. They landed in the water, and he was hurt pretty badly. If it wasn`t for Kate, he wouldn`t have made it to shore. Kate got the survivors first aid, water, food and shelter. She tried to save the other two but
Suddenly Kate shouts for him to stop. She doesn`t want him to say anything else. Forrester complies and ends the questioning. The D.A. asks Jack only one question does he love Kate. Jack wasn`t expecting that question. He takes a moment and then says no, not anymore.
WHOOSH to Kate folding laundry with Claire. She finds out that Ben is in the basement but that Locke rarely leaves the house. As Kate thinks about that complication to her plan, Aaron starts to cry. Claire asks Kate to pick him up, but Kate is hesitant. She claims she`s not good with babies and wouldn`t want to make him more upset. Claire picks Aaron up, and he immediately calms down. Kate is impressed. Claire is so good with him. How did she know what to do?
At Sawyer`s house, they argue over how loud the TV is when Kate drops by. Hurley makes himself scarce as Sawyer and Kate chat. Kate tries to be casual but Sawyer sees right through it. He knows she wants to use him for something. Kate admits she does. She wants his help to bust Ben out.
Sawyer shows up at Locke`s house to play backgammon. Sawyer admits he`s concerned about Kate and asks for Locke`s word he won`t do anything to her. Locke agrees and then Sawyer rats Kate out. He says she just came to him wanting help to bust Ben out because Miles wants to talk to him. Locke says Kate doesn`t even know where Miles is. In the boat house? Sawyer says if Hurley knows, everyone knows. Locke feels that whatever Miles wants to say to Ben, he can say to him.
Once they`re gone SMASH! Kate busts a window and breaks into Locke`s house with Miles. It was all a big con to get Locke out of the house, and Sawyer was in on it. Kate drags Miles down to the basement. Miles offers Ben a deal. He can tell his boss where Ben is, or tell him that Ben is already dead in exchange for $3.2 million. Ben agrees. Kate drags Miles out and demands the answer to her question. Yes, they know who she is and what she did. So if they know, the outside world knows. Miles suggests she stay on the island. Maybe she didn`t survive the crash. Kate shoves him up the stairs right as Locke returns and catches them. Angry, he orders Kate back to her house.
WHOOSH to a courthouse conference room. Forrester tells Kate she has a visitor her mother. Diane wants to know if what Jack said was true, that Kate was a hero. Kate doesn`t want to talk to her. Diane doesn`t want to fight. She`s sick and doesn`t know how long she has left. Everything changed for her when she thought Kate was dead. She doesn`t want to testify against Kate. She wants to meet her grandson. Kate gets angry. That`s all she came for? To make a deal? Kate ends their meeting.
Back in the courtroom, the D.A. scrambles when Kate`s mom suddenly becomes unable to testify. The two sides confer, and the D.A. offers a deal: four years jail time. Forrester says no and counters with ten years probation. The D.A. laughs at it. Forrester reiterates that Kate Austen is a worldwide hero who saved five other people`s lives after a plane crash, nearly starved to death on a deserted island, rescued her mother from an abusive husband, and has been locked up in solitary since her arraignment. Plus, the prosecution has no significant witness to testify against Kate. There`s no way a jury is going to give her actual time. The D.A. realizes Forrester has a point and offers time already served plus ten years probation but Kate can`t leave the state. Kate takes it. She wants to walk out the back door, no press, no photographers, and just have it over. The D.A. asks if she can stay put. Kate says she has a child, she`s not going anywhere.
WHOOSH back to Kate`s house. Locke comes in and demands to know what Miles and Ben said to each other. Kate tells him, and then Locke orders her to leave. He wants her gone by morning. Kate goes to Sawyer and tells him what happened. Sawyer un-banishes her and says she can live with him. He`ll keep her safe.
At the beach camp, Jack and Juliet confront Faraday and Charlotte no one on the freighter is answering their call. Charlotte calls a different number and finds out that the chopper never made it to the ship. But if it`s not there, then where is it?
The next morning, Sawyer starts making out with Kate, but she pushes him away. He understands they didn`t make love the night before because she was sad, but how could she resist the whole “keep you safe” thing? Then he realizes she`s worried she might be pregnant. Kate tells him no, she`s not pregnant. She`s sure. And pure joy floods Sawyer`s face. He`s so relieved. But Kate is hurt. She asks if her being pregnant would`ve been the worst thing in the world, and Sawyer says yes. What would they have done with a baby? Kate decides to go back to the beach, and this makes Sawyer mad. He tells her she didn`t want to have a baby any more than he did. She was just looking for an excuse to split. He`ll just wait a week for her to find some reason to get mad at Jack and bounce right back to him. Kate slaps him and leaves.
WHOOSH to Kate leaving the courthouse, and she finds Jack is waiting by the taxi. Kate thanks him for saying what he did. Though he`s told that story so many times she almost thinks he believes it. Jack says he wanted to let her know he didn`t mean what he said and asks if she wants to get a coffee. There`s a flicker of hope in Kate`s eyes, and she invites Jack over to see the baby. Jack says no, he can`t. Kate says she knows why he doesn`t want to see the baby. And until he does, there`s no him and her getting coffee.
Kate leaves and goes home. A nanny tells her he missed her so much. Kate asks if she kept him away from the TV, and the nanny says yes. She just put him down for a nap. Kate goes upstairs and gently wakes him. He`s thrilled to see her and gives her a big hug. Kate hugs him back and says, “Hi, Aaron.”






whoa what a great episode. <3 Lost – 04×04
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