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Chapters: 1/1 Fandom: Daredevil (TV) Rating: General Audiences Warnings: No Archive Warnings Apply Characters: Matt Murdock, Kirsten McDuffie, Hector Ayala, Wilson Fisk, Vanessa Marianna Fisk, Lester | Benjamin "Dex" Poindexter Additional Tags: Legal issues, Legal Procedures, Legal Commentary, Legal Drama, Courtroom Drama, Daredevil Meta, Daredevil: Born Again (TV) Season 01 

Series: Part 5 of Legal Commentaries

Summary: My take on the many legal issues in season one of Daredevil: Born Again.

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Do not comply.

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This is facts and I really need some respect placed on Charlie's name, he is the lifeblood of this franksteined season and is doing a lot of the work to make it compelling and worthwhile to watch.

And his range! In the last episode alone, his comedic timing on his response to the Skrull line, his charm when he was negotiating with the prosecutor, and then his heart-wrenching delivery during his conversation about Foggy.

His performance as Matt this season is like his excellence in the Netflix show but on steroids since he needs to do a lot more carrying for a show with a troubled production. I can write a whole 100000 word essay on the nuances of his acting in these 4 episodes so far. He's so good.

Like what this tweet says. He's making a lot of silly-sounding dialogue seem so earnest and believable, that's talent.

Just a Charlie Cox acting appreciation post because man he deserves one

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Daredevil Vol. 2 Issue 41 (2003) Bendis/Maleev

Milla Donovan's first appearance, just before she nearly gets hit by a truck and is saved by Daredevil.

There are a handful of blind characters in Daredevil - of course including Matt himself - but most of them have some supernatural means of navigating the world. Matt has his super senses, Stick has training that seems to give him similar abilities, Blindspot regains some level of vision via a sacrifice to the Beast. This doesn't necessarily negate their disability, at least not when written well, but it can easily fall into the trope of 'the magical cure': writing off a disability as not mattering due to a fantasy environment, advanced science, magic, etc. This is usually done as a 'happy ending' for the character - because, apparently, disabled people cannot be happy while still being disabled. In Matt's case, his enhanced senses and especially his radar sense are used more as a plot device to explain how he can be a typical superhero character. This is not inherently a bad thing, especially when writers make it clear that Matt is still disabled, but the history of Daredevil is rife with ableism, so Milla is in many ways a breath of fresh air.

Milla is, at her core, a normal person. She's an excellent character, who is defined as her own person before she even interacts with Matt - and, crucially, is immediately characterised as a strong, independent blind person. She has none of Matt's superpowers, but she is a capable, happy and captivating person. This provides an excellent additional viewpoint for the reader to see that disabled people are perfectly able to live fulfilled lives even without the 'magic cure' or superpowers.

The realistic, casual dialogue in Bendis' run also helps define Milla as a well-rounded character who has depth outside of being just Matt's love interest or just a disabled character. In her first appearance we see her discussing housing for the homeless, already emphasising a personal life and her own political views before we even know that she's going to be a love interest for Matt. This is refreshing compared to many of his previous love interests, who are often initially defined solely by Matt's attraction to them.

Daredevil Vol. 2 Issue 43 (2003) Bendis/Maleev

Milla stands up for herself when Matt tries to turn her down, according to him for her own safety.

Since Milla's debut is soon after Matt's identity has been leaked to newspaper tabloids, she is in the unique (at this point) position of knowing he is Daredevil before they even have a first date. This puts her on a much more even playing field compared to his past love interests, where his secret identity tends to be a cause of tension and drama within the relationship. This is emphasised by Milla immediately standing up for herself when Matt tries to tell her that she'll be in danger if they're together. Although Milla does become a victim many times over the course of her storylines (something I wish would've happened significantly less) this being one of her first conversations with Matt - and the first when he isn't in the middle of saving her life - shows that she is not going to let Matt have all the power. From the very start, Milla has autonomy in their relationship, which is excellent considering both women and disabled people are often denied this both in real life and in fiction.

Daredevil Vol. 2 Issue 46 (2003) Bendis/Maleev

Milla and her friend Lori debate the pros and cons of dating Matt.

Having prior knowledge of Matt being Daredevil gives Milla the chance to make a full, informed choice on if she wants to date him. This scene is after their first date, which is interrupted when Matt is taken in for questioning about a murder case. At this point, Milla is notably unsure about whether a relationship with Daredevil is a good idea - and understandably so, considering that they've barely met and she's already engulfed in the drama of being a superhero - and all of this makes her choice to stick with it have additional weight and meaning behind it.

Although the way she was overly victimised by Daredevil's villains and then written out of the story in an unpleasant way is extremely frustrating to me, I still find Milla to be a wonderful character, especially during Bendis' run on Daredevil. I strongly believe that Daredevil overall should have more disabled characters that aren't super powered, or at least not in a way that allows writers to depict them as essentially fully abled, and Milla is a great example of how that could be done. I hope she comes back eventually, even in just a small way that can provide closure and a better ending to her story.

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Daredevil vol. 2 #74 by Brian Michael Bendis, Alex Maleev, Dave Stewart, and Cory Petit

This issue of the "Decalogue" story arc introduces Lynn, one of Milla's coworkers at the Hell's Kitchen Housing Commission and the Maid of Honor at her and Matt's wedding. "Decalogue" is framed as a conversation between ordinary citizens whose lives have all been affected, in one way or another, by Daredevil; in Lynn's case, she lost her daughter to a horrific encounter with supernatural forces from which Daredevil couldn't save her. That is the focus of the issue, but Bendis also takes time to weave in some wonderful scenes with Milla, including the one above.

Milla is not a superhero in the traditional sense, but her introductory run places great emphasis on her power as a quieter form of hero: someone who cares deeply about the people around her and works within her own abilities to make the world a better place. Her job at the Hell's Kitchen Housing Commission is front and center to her character; we are shown again and again that she knows the neighborhood intimately and is passionate about helping its most vulnerable residents get the resources they need. And this scene is another, smaller extension of that aspect of her character. It is neat to see her operating, as it were, as a member of Team Daredevil: hearing a cry for help and quietly calling her superhero partner to come do his thing. But I also love that we then get this quiet page of Milla taking Lynn home, holding her hand while she cries, performing this equally important, human side of superhero work while Matt is out doing the rescuing.

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The fact that Vanessa brought up Ray Nadeem's murder while hiring Dex makes me think that Fisk's defense team probably got Nadeem's dying declaration confession excluded from evidence on the grounds that it's heresy without Nadeem alive to explain his statements on the tape.

The only silver lining might be that the video confession did at least do the job that Karen and Ellison were hoping to accomplish by having the Bulletin publish it: even if it couldn't be used in a criminal case against Fisk, it would certainly ensure that the public had some awareness of his criminal actions. And this does line up with a remark that Cherry makes in the first episode of DDBA about half the police force still very much hating Fisk (because they still remember the cops who took bribes from Fisk and those who were murdered on his orders).

You're correct that Nadeem's "dying declaration" was inadmissible under the hearsay exception for dying declarations, as provided in the New York and federal rules of evidence. I discuss this in detail in my commentary on legal issues in Daredevil season 3. Some of the statements on his video might be admissible under other exceptions to the hearsay rule, but I have not analyzed the video to try to identify them.

Under these circumstances, the prosecution would have had to rely on the testimony of SAC Hattley and the other FBI agents who flipped. As I said in another post, this is not uncommon, and experienced prosecutors would know how to handle the situation and rehabilitate these witnesses' credibility. However, the jury is the sole judge of witnesses' credibility, and juries can be unpredictable. If Fisk was acquitted (as he was), the jury must have rejected the testimony of Hattley and the other agents. We don't know why the jurors rejected their testimony, but apparently this is what happened.

It's true that Nadeem's video helped to publicize Fisk's criminal activities. However, his defense counsel would have questioned potential jurors about their knowledge of the video and would have tried to keep those who had seen the video off the jury. In light of FIsk's acquittal, that strategy may have worked.

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Thanks for the analysis, @ceterisparibus116. I have a few additional comments.

In episode 11 of season 3, Fisk and his attorney Ben Donovan hold a press conference. Donovan announces that the Second Circuit Court of Appeals has reversed Fisk's convictions (on the five counts of RICO he was tried on after his arrest at the end of season 1), and the U.S. Attorney has decided not to re-try Fisk on these charges. (Note: in most cases, a defendant can be re-tried after a reversal on appeal.) Donovan does not mention the reason(s) for the reversal or why the government elected not to re-try Fisk, except for a general statement to the effect that the government has seen the error of its ways. The reversal on appeal, followed by the decision not to re-try him, means that Fisk is free and clear of the charges on which he was tried, the five counts of RICO. There might be charges that could be brought against Fisk under state law without violating double jeopardy, but DA Blake Tower doesn't seem interested in pursuing them.

In episode 9 of Daredevil: Born Again, Vanessa Fisk tells Ben Poindexter that her husband was acquitted of the charges brought against him at the end of season 3. The acquittal means the case is over; the prosecution cannot appeal, and Fisk can not be re-tried on those charges. According to Vanessa, Fisk was acquitted because of "the whole FBI corruption scandal, Agent Nadeem, all of that." It's possible that the jury chose not to believe and rejected the testimony of the FBI agents who (presumably) testified against Fisk at trial because of this corruption. However, in real life, it is common for prosecution witnesses in criminal trials to be criminals themselves, often accomplices of the defendant who is on trial. Experienced prosecutors know how to handle this situation. And in this case there is the added element that it was Fisk himself who corrupted the FBI agents. But the jury is the sole judge of the credibility of witnesses. On the other hand, it’s entirely possible that Fisk or someone on his behalf got to the jurors, just as he got to the grand jurors in season three.

I have to admit, it's still kind of bugging me that we don't know how Fisk got out of prison and has a restored reputation since DD season 3.

Responding to you and @ladymaigrey who also asked about this: yes, it's frustrating and feels too comic-book-ish.

I might pick up on more details as I rewatch the show. But my understanding at this point is:

He's appealing his charges and/or sentence from S1; and

He was acquitted of his charges from S3.

The implications of this are huge.

First, if Fisk successfully appeals his charges, that would mean the prosecutor would likely have to start over and present the case again. It's possible that the prosecutor would simply not do so because it would be too much work, because it would be against public opinion, because Fisk bought them off...maybe the appeal would be based on bad decisions from a judge, and the prosecutor knows that Fisk has bought the judges off, so bringing the case again is fruitless...maybe it's just that Fisk's lawyers have so much money that they bury the prosecutor's office in frivolous motions and the prosecutor can't justify spending so much of their budget on one man....

As for his charges from S3, an acquittal means Fisk went to trial and the jury found him not guilty. Which, oh my goodness. If the reason he was acquitted was "because of the FBI," that suggests that the jury...got confused, and thought the FBI's corruption meant Fisk wasn't guilty? Or perhaps the jury was pissed and engaged in jury nullification and acquitted Fisk because they were angry at the FBI's corruption? Or perhaps the jury just hates prosecution and will always find any defendant guilty because they think the system is broken, and that got interpreted as an acquittal because of FBI corruption? Or maybe someone in the jury was bought off, and persuaded everyone else to acquit, and then claimed that it was because of the FBI to hide the fact that they were bought off?

Lots of options, really.

And I am fascinated by the idea of Fisk being acquitted. I love juries, but goodness, they are just twelve random people and they they can be dumb. The average reading level in the U.S. is 7th-8th grade. The average attention span of an adult is 45 seconds. Jurors can completely fail to connect two logical points; they can stop paying attention and miss key information; they can conflate issues; etc.

Juries can (and do) also choose the absolute wierdest possible hills to die on and think jury duty is an opportunity to make some kind of statement. "I hate the FBI [or the police or prosecution or The Government™ or whatever] and therefore I'm going to find this person not guilty" is absolutely a thing that happens.

I love juries, I really do, and I would never want to replace our jury system with anything else. But they are fallible.

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Update: I just saw an interview with showrunner Dario Scardapane in Entertainment Weekly. When asked about Karen's and Foggy's roles in season 2, he said the following about Foggy: "As for Foggy, I am going to take the fifth on all of that with regards to the future. It's too much fun to give away."

The full interview is here:

Did Foggy Survive?

Season one of Daredevil: Born Again (or as I like to think of it, the first part of a 17-episode season) has concluded. One pressing question remains unanswered: Is Foggy dead for real or only “TV dead”? I very much hope he survived, but there are clues pointing in both directions.

Foggy’s on-screen death scene was quite convincing, with Matt hearing his heart stop and Karen’s reaction. There was a funeral. All of the characters, including Matt, believe Foggy is in fact dead and are dealing – emotionally and otherwise – with the fallout from his death. In addition, Dex/Bullseye was convicted of his murder (we saw his sentencing in episode 1). Assuming there was a trial (as opposed to a guilty plea), this would have required actual evidence of Foggy’s death. A conversation between Matt and Karen in episode 9 confirms that both of them believe Foggy is dead, and Karen seems to help Matt come to terms with Foggy’s death.

There are a few clues that may suggest Foggy survived. Some sharp-eyed fans have noticed that the number of the law office building (or maybe the building next door) is 468, the number of a comic in which Foggy fakes his death.

Although the circumstances are different, there are several similarities between what happened in that comic and what happens in the show. Matt hears Foggy’s heart stop beating in both. The scene with Karen kneeling next to Foggy’s body is staged (intentionally or not) to look like the panel in the comic where Dakota North is kneeling next to Foggy’s body after he is stabbed. Foggy’s gunshot wound and his stab wound in the comic are in the same part of his body.

In addition, we learned in episode 8 that Vanessa Fisk ordered the hit on Foggy, which was also the case in the comic. In episodes 8 and 9, we learn that the shooting was connected to a case Foggy was handling. Along with the fact that Vanessa ordered his killing, this suggests the possibility of witness protection (as in the comic) or something similar. At the beginning of episode 9, Vanessa coughs rather noticeably during her conversation with Fisk after the shooting. Perhaps this is a symptom of the fatal illness she suffers from in the comic – yet another reference to the comic. Also in episode 9, Matt and Karen find the “Avocados at Law” carving. Is this just a nice scene of them reminiscing about Foggy, or does it have some other significance?

In episode 1, we get a glimpse of the sidewalk in front of Josie’s as Matt’s helmet falls to the ground. There is a pool of blood where Foggy was lying, but no Foggy. Trash that looks like discarded medical supplies is scattered around. Nearby, an ambulance is pulling away from the curb. We don’t know who is in it. The patient in the ambulance could be Dex, who is no longer lying where he landed. It’s also possible the patient is Foggy. If Foggy is in that ambulance or one of the others at the scene, this would indicate that the medics were trying to save him. If Foggy had been pronounced dead at the scene, his body would have been left in place, awaiting the arrival of a representative of the medical examiner’s office and other investigators. However, even if the medics tried to save him, their efforts might not have been successful, and he might have been pronounced dead later.

All of these clues appear in episodes 1, 8, and 9, which were written and produced by the new showrunner, directors, and writers. If these clues aren’t hints that Foggy survived, why include them? It seems to me that there are too many clues pointing to Foggy’s survival to be accidental. Or are they intentionally misleading us, perhaps to keep people speculating and anticipating season 2?

Finally, there is also the widely reported statement by Brad Winderbaum, the head of streaming, television, and animation at Marvel and an executive producer on Daredevil: Born Again, that both Deborah Ann Woll and Elden Henson would return for season 2: “Without going into spoiler territory, I will say that both Deborah and Elden are coming back for Season 2.” It seems unlikely that a Marvel executive would blurt out a major spoiler, such as Foggy being alive. The caveat about “spoiler territory” may indicate that we’ll see Foggy only in flashbacks. Or maybe he simply meant he wasn’t giving any details, so no spoilers.

Whether or not Foggy survived, we will see Foggy on our screens again, even if it’s only in flashbacks. I would like to see some flashbacks to show us what happened between the end of season 3 and the beginning of Daredevil: Born Again, but I would much prefer that Foggy survived. As Charlie Cox correctly observed, Foggy and Karen are the heart of the show. And in the comics, Foggy is the only constant in Matt’s life. They may go their separate ways at times, but they always seem to circle back to one another. I am hoping that is what will happen in season 2.

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Did Foggy Survive?

Season one of Daredevil: Born Again (or as I like to think of it, the first part of a 17-episode season) has concluded. One pressing question remains unanswered: Is Foggy dead for real or only “TV dead”? I very much hope he survived, but there are clues pointing in both directions.

Foggy’s on-screen death scene was quite convincing, with Matt hearing his heart stop and Karen’s reaction. There was a funeral. All of the characters, including Matt, believe Foggy is in fact dead and are dealing – emotionally and otherwise – with the fallout from his death. In addition, Dex/Bullseye was convicted of his murder (we saw his sentencing in episode 1). Assuming there was a trial (as opposed to a guilty plea), this would have required actual evidence of Foggy’s death. A conversation between Matt and Karen in episode 9 confirms that both of them believe Foggy is dead, and Karen seems to help Matt come to terms with Foggy’s death.

There are a few clues that may suggest Foggy survived. Some sharp-eyed fans have noticed that the number of the law office building (or maybe the building next door) is 468, the number of a comic in which Foggy fakes his death.

Although the circumstances are different, there are several similarities between what happened in that comic and what happens in the show. Matt hears Foggy’s heart stop beating in both. The scene with Karen kneeling next to Foggy’s body is staged (intentionally or not) to look like the panel in the comic where Dakota North is kneeling next to Foggy’s body after he is stabbed. Foggy’s gunshot wound and his stab wound in the comic are in the same part of his body.

In addition, we learned in episode 8 that Vanessa Fisk ordered the hit on Foggy, which was also the case in the comic. In episodes 8 and 9, we learn that the shooting was connected to a case Foggy was handling. Along with the fact that Vanessa ordered his killing, this suggests the possibility of witness protection (as in the comic) or something similar. At the beginning of episode 9, Vanessa coughs rather noticeably during her conversation with Fisk after the shooting. Perhaps this is a symptom of the fatal illness she suffers from in the comic – yet another reference to the comic. Also in episode 9, Matt and Karen find the “Avocados at Law” glasses case (or paperweight or whatever it is). Is this just a nice scene of them reminiscing about Foggy, or does it have some other significance?

In episode 1, we get a glimpse of the sidewalk in front of Josie’s as Matt’s helmet falls to the ground. There is a pool of blood where Foggy was lying, but no Foggy. Trash that looks like discarded medical supplies is scattered around. Nearby, an ambulance is pulling away from the curb. We don’t know who is in it. The patient in the ambulance could be Dex, who is no longer lying where he landed. It’s also possible the patient is Foggy. If Foggy is in that ambulance or one of the others at the scene, this would indicate that the medics were trying to save him. If Foggy had been pronounced dead at the scene, his body would have been left in place, awaiting the arrival of a representative of the medical examiner’s office and other investigators. However, even if the medics tried to save him, their efforts might not have been successful, and he might have been pronounced dead later.

All of these clues appear in episodes 1, 8, and 9, which were written and produced by the new showrunner, directors, and writers. If these clues aren’t hints that Foggy survived, why include them? It seems to me that there are too many clues pointing to Foggy’s survival to be accidental. Or are they intentionally misleading us, perhaps to keep people speculating and anticipating season 2?

Finally, there is also the widely reported statement by Brad Winderbaum, the head of streaming, television, and animation at Marvel and an executive producer on Daredevil: Born Again, that both Deborah Ann Woll and Elden Henson would return for season 2: “Without going into spoiler territory, I will say that both Deborah and Elden are coming back for Season 2.” It seems unlikely that a Marvel executive would blurt out a major spoiler, such as Foggy being alive. The caveat about “spoiler territory” may indicate that we’ll see Foggy only in flashbacks. Or maybe he simply meant he wasn’t giving any details, so no spoilers.

Whether or not Foggy survived, we will see Foggy on our screens again, even if it’s only in flashbacks. I would like to see some flashbacks to show us what happened between the end of season 3 and the beginning of Daredevil: Born Again, but I would much prefer that Foggy survived. As Charlie Cox correctly observed, Foggy and Karen are the heart of the show. And in the comics, Foggy is the only constant in Matt’s life. They may go their separate ways at times, but they always seem to circle back to one another. I am hoping that is what will happen in season 2.

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Matt says, "The truth is, ever since Foggy died...I didn't know who I was anymore."

Foggy says (in season 3), "When he [Matt] was around, I knew who I was."

How can they not bring Foggy back?

Foggy believed in you.

DAREDEVIL: BORN AGAIN | 1.09: STRAIGHT TO HELL

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In this interview (at about 4:35), Charlie Cox and Vincent D'Onofrio agreed that they were most excited for fans to see episode 8. Now we now why.

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THIS.

reading Daredevil fic and within the first 100 words from Matt’s POV the narration describes someone as “looking like” they haven’t slept in days. brother this is Matt’s POV, No One Looks Like ANYTHING.

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I haven't seen anyone mention this at all from Daredevil Born Again

Y'all notice that Murdock & McDuffie law firm gives off a mega similar vibe to Matt's Netflix apartment? The shape of the windows? The spaciousness? The glare coming through them?

I noticed this immediately but I've not seen anyone else mention it. Coincidence? Me think not!

I just can't decide if I like it or not.

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Exactly.

Daredevil's ability to read print by touch goes back to the early days of the comics and has reappeared from time to time since then. Suspension of disbelief is a necessity for us Daredevil fans, but this always seemed a little too far-fetched for my taste. I was wondering how Matt could have learned that Heather was in danger, if he didn't recognize her in Muse's paintings, and I really like your answer. I would have loved to see events play out like that on the screen.

matt shouldn’t have been able to feel the ridges of muse’s paintings and been able to tell that he’d painted heather. it was both narratively boring and a disservice to a realistic depiction of his blindness. if anything, him having felt heather’s face with his fingertips in the beginning of that episode could’ve actually functioned as a red herring. realistically, the way he would’ve visualised her wouldn’t have been translatable to a 2d depiction even despite it having some texture. but the audience would’ve still been sent on an emotional rollercoaster: hoping, despite all odds, that he “sees” it’s her, and then inevitably watching him fail. he still could’ve listened in on what the police were doing and figured out heather was in danger and gotten there in time. but it would’ve been much more powerful, accurate, and narratively interesting if we, the audience, saw heather in muse’s paintings when matt couldn’t, realised just how close matt could’ve been to figuring out it was her, and then watched him give up and try other avenues. it would’ve been another necessary reminder that he has weaknesses and that he doesn’t experience the world the same way as a sighted person even despite his superpowers. i should’ve been in the writers’ room

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I don't necessarily ship karedevil, as a matter of fact I ship Matt and therapy with a side of a nap, but to say that Karen and Matt wouldn't make sense because Matt told Heather he loves her is, in my opinion, coming out of the episode taking things at face value.

Matt is putting on a show, far more than he's done in Daredevil. We may think that because he's putting on the suit that suddenly everything is working out dandy but that's not the truth.

Charlie's acting shows exactly that, and even the writing does. Matt is not acting out of character, he's doing the same bs he did in season 2 and 3, but he's doing with more finesse.

Him telling Heather he loves her in a conversation where he tells her "all of this feels fake" is not good. He does care for Heather but I don't think he's being honest with her and with himself, because Matt is coming off as incredibly contained. I wouldn't call him an unreliable narrator just yet, but he feels like one.

All of this to say that he couldn't be honest with Heather like he was with Karen or even Frank. That he can't even take off his glasses in front of her, he can't allow himself to be vulnerable, to be honest, the little he offer was in what I believe to be an attempt to get her off his back.

And the truth is that Karen gets Matt, we can't deny that. Matt tells Karen stuff he doesn't tell anyone else and that should tell us all something.

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I came across this post as I was sitting down to write my thoughts along some of the same lines. @pastafossa, you've said it very well! Beginning around episode 4, I wasn't really feeling Heather and Matt. Then I began to think that maybe it wasn't bad writing, maybe it was intentional. Then I realized his relationships with other characters like Kirsten and Cherry weren't resonating with me, either.

After watching (and re-watching) episode 7, especially the post-shower scene between Matt and Heather, I'm convinced it's intentional. It's one way of showing the bleakness and the emptiness of the "fake" life he's living, ever since Foggy died and Karen left. He's been interacting with other people every day, but I don't sense a real connection with any of them, even Heather. I take Matt at his word when he assures Heather his feelings for her are genuine, but she's perceptive enough to know something's not right. She tells him he's "checked out" a lot of the time. What she doesn't know is that he's "checked out," because he's withholding an important part of himself from her and the other people in his life (except Cherry). As long as he continues to do that and pretends everything is "fine," he can't truly connect with them.

(In fact, the only time Matt stops pretending he's OK is when Frank confronts him in episode 4.)

Matt's new life is such a sharp contrast with the glimpse of Nelson, Murdock, and Page at the beginning of episode 1. When Matt talks about the other life he had, Heather is perceptive enough to pick up on it and she observes that he misses his friends. But it's more than missing Foggy and Karen. He wants his old life, his real life, back. And that's the one thing he knows (as of episode 7) that he can't have. Foggy is dead. Karen is estranged, apparently irrevocably - she won't even have a cup of coffee with him. The only part of his old life that he can get back is Daredevil.

As of the end of episode 7, both Heather and Kirsten know something's up with Matt. Cherry is covering for him, but for how long? It's starting to feel like the middle episodes of season 2. That did not end well.

Thoughts on Matt's 'This all feels fake' line from the last DDBA episode and why it was a genius move

I've had a night to think and process the episode last night, and the more I think about it, the more I think that line was the absolute best way to go.

Obviously, spoilers ahead.

Let's set aside 'is the show good or bad' for a moment since everyone's vibing with it differently (we know where I stand, I'm happy and having a grand old time, but that's not important). Let's instead think about where Scardapane and the new writers found themselves when they were hired on to do the rewrites and reshooting.

Imagine being a cook. A good one. And someone comes to you, with an absolute dumpster fire of a cake. 'Hey man, we got the potluck in a few hours. It's really important there's a cake since it's someone's birthday. If you fix this, I'll let you bake the next one.'

Except the cake is a mess. Parts of it are burned, the flavor's all wrong, it's unfinished, and you have no idea why it's shaped the way it is.

You don't have the time or all the ingredients needed to entirely make a new cake. Your only option is to save what you can and cut off what you can't, and then build from there.

But how do you do that?

That's essentially where they were, writing-wise. The OG writers had created an absolute mess, something that didn't feel like Matt at all, something that had no respect for all of the lore and character building that came before. And it's definitely not the Netflix vibe show that Feige had asked for (which was why that team was fired, shocker). But reshooting the entire season would have thrown off the larger schedule, it would have required contract changes, and it'd be expensive as hell. That meant they had to use at least some of the footage that had already been shot, and build onto it rather than sweeping it away. But what do you do when the new footage you want to shoot has a very different vibe than the old footage? Especially when those two energies are very, very different?

Answer: you acknowledge it.

There's a technique in writing known as lampshade hanging, when instead of ignoring something that's implausible or weird, you point it out instead and move on, while also sometimes using it to advance the narrative. It's one of my favorite tropes! I love to use it, and I love to see it used.

Even better? They made it feel weird, which is something multiple people have brought up as a theory, this idea that it's intentional, and I agree with them. Even some of the teaser trailers before DDBA came out even played off of that feeling, Matt's voice hoarse and dark as a monologue while beneath his voice you get an eerily soundtracked montage of him going through his new 'normal' life day after day after day in a way that makes it clear this new life doesn't fit, and it never will.

I've been fascinated by how they've played it over this first season, both the writers and Charlie himself, using these jarring tonal differences to leave you intentionally unsettled. Sometimes it's done with music, like that early scene where Matt's getting ready for his day, clearly repressing and disassociating his way through life, all while more upbeat music is playing, or the slight alteration to our OG Daredevil theme. Sometimes it's a subtle pattern, these little ticks and tells from Charlie's portrayal - Matt always wearing his glasses even in softer scenes because he doesn't feel safe with these new people around him that are supposedly his friends, hell, even in his own apartment when he's entirely alone because it's not a home like his last place was.

And then there are moments like last night, when Matt literally came out and said it: this all feels fake sometimes. It's not my home. This isn't my life.

We know he doesn't belong there. And they managed to change the original story so that Matt? Matt knows that, too. He's known the entire time.

It weaves a thread through all the original footage, the tonal differences, and Matt's behavior. It's a thread that not only amounts to the new writers saying to us, the audience, 'trust us, we know,' but it's also one that reinforces this idea that Matt is literally just fucking faking it in the hopes that it will keep him away from Daredevil, in the hopes that he can be the man he thinks Foggy would have wanted. He's trying so hard to live that perfect, happy, wonderful life while repressing all of his trauma and depression and it's left him in this bizarre otherworld that he doesn't recognize. He's not himself. It grates on him every day.

And it makes that creeping darkness, that gritty reality, that dirt on his hands and the blood on his lips and his visceral screams all the more thrilling when it edges in, because that? That is the real Matt, his true self, the Devil tearing its way out of the prison he's trapped it in just long enough to bare its teeth and snap and bite before he forces it back into its cell.

And god does it feel real compared to the moments where Matt is just pretending this is all fine, all bright, all good.

I fucking love that they went in that direction. It's the best thing they could have done when locked into reusing the old footage which was different in tone than the Netflix vibe they want to bring back. It was always going to be jarring mashing both of them together. So they ran with it.

Like I said, I'm already really happy with DDBA. Some eps nailed it for me better than others (Ep 6 is just an absolute blast), but even when it gets a little rough, there's this sense of Scardapane and the new writers giving us a wink going, 'yup, we know. Just hang in there until we're not bound by old footage and we can take you on a fucking ride.'

They want what we want. And they're going to take us there. That line solidified it for me. I'm so fucking pumped for Season 2 when the chains are off and they're free to come out swinging.

Anyway thanks for coming to my rambling ted talk.