In a private meeting between O'Brien and Steve Harmon, she encourages him to take the witness stand and testify in front of the jury. O'Brien believes that it is imperative for Steve to distance himself from James King and feels that if he takes the witness stand, the jury will be able to delineate him from the other criminals involved in the trial. She also tells him that Petrocelli's strongest case against him is his connection to James King. She then assures Steve that James King will not testify, because he has already lied to the police once. According to O'Brien, when James King was first arrested, he gave a statement to police saying that he did not know Richard "Bobo" Evans, which the prosecution can prove is a lie. She goes on to tell Steve that if James would take the witness stand, the prosecution would use his false statements against him and he would be "cooked." Essentially, James King's attorney knows that his client has already given the police a false statement and will not put him on the witness stand, because Petrocelli will use James's statement against him.

To the casual observer, the fact that James King is not going to take the stand to defend himself is suspicious. What does he have to hide? a jury (and reader) might wonder. Steve wonders this himself and even asks his attorney, O'Brien, if King will testify. It seems Steve is still a little afraid of James King and what his testimony might do to Steve's chances of getting a not guilty charge. He doesn't need to be afraid, though, as O'Brien reassures him that King testifying would be a bad idea, since he already clearly lied to the police. A prosecutor could make him look very bad in light of that. It's better to hear only from his relatives and friends: Nipping and Moore.