This is an episode that appealed to me a bit less then some of the other ones. After all, the flashforward doesn't reveal much that we didn't already know. It also raises a lot more questions that the other flashbacks should have told us.. Then again, maybe it's because I've seen so many trials on the various Law and Orders and David E. Kelley shows that I can't help but look at the flaws. But then again, maybe the writers of Lost don't consider courtroom fare part of their work.
The list of charges levied at Kate is impressive, yet I'm pretty sure that the D.A. could've gone further. Wasn't she responsible for a bank robbery that led to the deaths of four other people in 'Whatever the Case May Be'? Or shouldn't she have been tried for accessory for the death of Tom in 'Born to Run'? We know the marshal knew about it in 'Exodus'; why didn't the D.A. even try? Even if the charges were dismissed, it certainly would have made Kate look guiltier. And if Diane hadn't flaked on the murder of her father (we'll get to that in the middle) she would have still had to stand trial for those charges.
And the presentation was even more wrong. Everyone who's seen an episode of L.A. Law knows that the prosecution presents its entire case and then the defense starts playing character witnesses. And why didn't Kate want to testify? From all the evidence we've seen, her father was an abusive drunk who might have molested her for years. Even given the extenuating circumstances, I find it hard to believe that any jury, celebrity status or not, would have found her guilty. And this is the same jury pool that let O.J. walk.
Because the flashbacks are full of these loopholes, this undercuts 'Eggtown'. Which is a bit of pity because what's happening on the island is fascinating. Locke has taken over the barrack (popularly referred to as New Otherton) and is trying to get information out of Ben. And once again, even though he has the advantage, Ben is still toying with him What's more, Locke is revealing that he's got an ultra-violent streak that is not at all appealing. The scene where he puts a grenade in Miles' mouth, awesome as it was, is not something that Locke would have done even a month ago. However, this is Kate's story, and despite what Sawyer reminded her of just one day earlier, she still needs to know if they know about her. So she gets Miles out the boathouse, and then does a master juggling act of getting Miles and Ben in the same room. This leads to another of the high points where, even if you understand it, it still has the propensity to thrill, as Ben admits more to Miles in one minute than he has to Locke in three days of captivity. It's also clear that Ben, for the first time, seems at something of a disadvantage, but then he such a good poker player, we can't really tell if he's being level. What crimes did Ben commit? Who does Miles work for? Believe it or not, we're actually on the verge of getting some answers.
Then there's more of the relationship between Kate and Sawyer. Kate seems overly concerned about getting pregnant (we assume that's what's happened because of the flashforward) but why is she so concerned about it here? The obvious answer is that she's talked with Sun or Juliet and they've told her that all pregnant women die in their second trimester. But the way that Kate behaves in the episode, I'm pretty sure that she doesn't know that. Considering that, I think Sawyer's attitude towards Kate in their final scene together is somewhat justified. Kate does seem to be flitting between Jack and Sawyer for the past three seasons, and now that rescue does seem imminent, she's doing it again, under much harsher circumstances. Does she not want to set down roots? Is she always someone who has to be on the run? Seems that way.
Of course, when the final flashforwards are taking place, it seems that's what's going on. Kate is a mother, and she seems more than willing to stop running for her child (Even if, as we find out in the last word of the episode, that's it's not really her son.) But maybe Kate doesn't want to lie anymore. Perhaps that is the reason that she doesn't want Jack to tell his story, because she doesn't seem to want to accept the cons that have been spinning (Or maybe she finds that the cons are so obvious that it would be hard enough for anyone to believe. After all, everyone seems to be going to pretty elaborate means to say that during her testimony and after everything that we're supposed to believe here, especially when everyone seems to be bend over backwards not to mention who Kate's son is.)
Kate also manages to face down the last ghost that has been stalking her---- dear old Mom. Yes, it's nice that she found a place in that cold black shell that Diane calls a heart not to testify against her daughter, but it doesn't change the fact that she hasn't so much as come to visit her since whatever rescue is coming. And even then, she wants something --- to see her grandson. One of the strongest scenes comes when Kate tells Diane she'd rather rot in prison then let her dying mother meet him. Good for Kate.
Of course, right now, it's beginning to look like no one is going to get rescued. After all, the helicopter that was carrying Sayid and Desmond took off yesterday, and yet somehow has not reached the freighter. What the hell is going on now? Is there some significance in the fact that Dan whispered that he had to stay on the exact same coordinates? Maybe that's why the first helicopter we saw near the island crashed.
In many way Lost has been all about cons, and that's certainly true of 'Eggtown'. Jack, who seemed to be the most forthright person on the island, now is maintaining the largest con of all on the rest of the world, and Kate seems willing to do so. Sawyer and Kate pull one of the better cons against Locke when they managed to get Miles and Ben into the same place. Miles seems to be willing to maintain another con, as long as he gets his. And Kate is now willing to con the world into thinking she was a great hero when in actuality the child she was supposedly carrying isn't even hers. As is often the case on the show, Kate seems to get away with it, and unlike Hurley and Sayid, she doesn't seem to be paying any huge price for it.
Yet one can't help but remember the words of that supposed psychic Richard Malkin when Claire came to him about her pregnancy -- he told her that her child "must not be raised by another". At the time his actions seemed designed to get Claire on the island, but now that it actually seems to be happening, is there something to it? Will Kate eventually have to pay a price for raising Aaron? And, if so, what form will it take? (This is a hint to the writers, too; you'd better explain if Aaron has more significance than you've given him, and you're running out of time.)
My score:7.5 (more because of the legal issues than any specific problem with the episode.)