Kathy visited Elliot at work. Elliot was concerned from the look on Kathy's face. She wanted to talk to him, so Elliot took her to the crib for privacy.
Elliot: The kids all right?
Kathy: They're fine
Elliot: But you're not
Kathy: You said you wanted to work things out. You said that you were ready to come home
Elliot: Look, Kathy, I'm sorry--
Kathy: I don't care. Not about my pride or my ego or anything else. I need you to come home now, Elliot. Not for the kids. For me.
Elliot: What's changed?
Kathy: I'm pregnant
The next day, Elliot was zombie-like. While waiting to testify in court for Darius Parker's trial, Olivia noticed Elliot was pacing and kept checking his watch
Olivia: You checked the time 2 minutes ago. What's going on?
Elliot: Kathy's pregnant
Olivia: I didn't know you went back home.
Elliot: I haven't. I'm pathetic. Fumbling around like a kid
Olivia: So what are you gonna do?
Elliot: What do you mean by that?
Before Olivia could answer, Darius's attorney Matt Braedon approached them to let Elliot know that he's on after lunch and Olivia wasn't needed today
On the witness stand, Matt asked Elliot questions about his involvement in his daughter's 2005 DUI arrest. Elliot denied having any involvement in covering his daughter's arrest, making it disappear. Judge Elizabeth Donnelly stopped the court proceedings due to her personal knowledge of the matter. She must recuse herself.
In Judge Donnelly's chambers, she explained to Matt, Darius, Casey and Elliot her decision as Elliot was very close to perjuring himself. Judge Donnelly resurrected Kathleen's DUI arrest and advised Elliot to get his daughter a good lawyer. He better hope for a suspended license, a fine and probation.