Conviction (2010) - full transcript

Betty Anne Waters?

Please define
"contract" for us.

Um.

A contract is a promise
or a set of promises

that the law in some
way recognizes as a duty,

and when it's breached,
the law provides a remedy.

Ma. Ma.

What time is it? 8:15.

Shit. I didn't
finish my paper!

Thanks, sweetie.
You did your math?

No, I left my book at Dads.



Richard!

I'll do it in
school. Eat, Mom.

Mmm.

Did you finish your poem, Ben?

Yeah.

Thanks to me.

You get yourselves ready, we're
going to leave in a minute.

"If There Was Peace in
the World by Ben Currente."

Here, here. Come over
here. Read it over here.

"If There Was Peace in
the World by Ben Currente.

"Children would no
longer have bad dreams

"of guns, bombs
and deadly screams."

"Deathly." I wrote that line.

You did not!



It's beautiful. Come
on, read me the rest.

Wait, wait. One more.

It's 10:00. You're late.

Shit.

Can't believe it.

Whack for my daddy-0

whack for my daddy-0

There's whiskey in the jar

You keep watching my ass, Aidan,
I'm going to have to clock you!

You keep wearing those jeans,
I'm going to have to marry you.

Here you go.

Hey, I know you!

Hi.

She's the other old
lady in my class.

Still thirsty?

A Bushmills, please.

You her boss?

Well, technically.

But she's the one who's
a little bossy. Hmm.

Bummer about your paper.

I'm Abra Rice.

Oh, yeah, well.

Ok, now you're starting
to hurt my feelings.

What?

We're going to be friends

'cause we're the only ones in
class who've been through puberty.

I'm just. I'm really busy.

Ok, I'll start. So, I
got these lefty parents

and they're always telling me I
should put my big mouth to good use

and try to change the system.

So, I ignored them, of course.

And after partying for
a few too many years,

I finally figured out what I
wanted to be when I grew up.

And it turned out my parents
were right, God damn it!

So, here I am.

What about you?

Look, I'm not
trying to be rude,

I just don't really have
time for a friend right now.

Oh Yeah, you do. I
mean, I'm all you got!

I don't want anyone in school
to know what I'm doing there.

Oh.

Well, I mean, I do
have a big mouth,

but I know how
to keep a secret.

My brother Kenny, he got
screwed by the system.

He's been in prison for 12
years, life without parole.

Whoa.

He's innocent.

Ok.

Yeah, I'm going to find
a way to get him out.

Ok.

He's innocent of what?

Kenneth Waters?

Mr. Waters?

Hey.

Finally someone who
looks good in a uniform.

I'm Officer Nancy Taylor.
I need you to come with me.

I'd love to, but I'm
already spoken for.

Where'd you get
those scratches?

Look around you,
sweetheart. See the branches?

Sir, I need you to step
into the patrol car.

Uh Well.

My grandpa needs
this tree out of here.

Now, Mr. Waters. Put
down the chainsaw.

I tell you what, buttercup, why don't
you go give out some parking tickets

and then come back when
I'm done. How's that?

Put down the chainsaw, now.

Get the fuck off my grandpa's
property. You're trespassing.

Drop the weapon.

You're shitting me, right?

I said drop your weapon.

Take it easy there,
Angie Dickinson, it's ok.

I'm putting it down,
I'm putting it down.

Every time something happens
in this godforsaken town,

you have to pick him up?

You know the
drill, Betty Anne.

He's got a record, we
got to bring him in.

That just sucks. I mean, he
would never hurt Mrs. Brow.

Hey! Hey, Tommy, Boisseau
finally got my clothes off.

He's been wanting to get
me alone naked for years.

You have to make an honest
man of me now, you know that.

Let's go.

What's going on?

I'm picking you up.

You're picking me up? I
love you. Look at my sis.

Isn't she beautiful? No.

Here she is to save the
day. She's got her cape on.

Hey, listen.

No hard feelings, ok?

And may I say that you are one
of my absolute favorite arrests.

What, you think
this is a joke?

She was stabbed 30 times

and her head bashed in
till her brains flew out.

You think that's funny?

No, I don't think it's.

Listen, don't leave town
for a while, all right?

We might have some
more questions for you.

There goes my
trip to Aruba. Ok.

So long, gentlemen and lady.

You an right?
Yeah, you an right?

Carry you? No, I don't want.

Kenny, I'm.

Good one, Kenny.

No, don't ring
it till the end.

Get him, Betty Anne.

Come on, Kenny.

Someone's got to talk to her.

They ain't my fucking kids.

She won't listen to me.

How'd you get so filthy?

Elizabeth, you treat
them like trash,

they're going to
grow up to be trash.

You go to hell. I work day
and night for these kids.

Everything I do is fol' them.

Get upstairs and take a bath.

And you're going to school
tomorrow, you hear me?

Hey, where the
hell are you going?

I don't have to answer to you.

The fuck you don't.

Elizabeth, get back
here. They're your kids.

Who's supposed to
look after them?

He got down on his knee in the
middle of the freaking restaurant.

It was so sweet.

Yeah, it was totally, what
do you say, conventional,

Talking about marriage?

Traditional. Traditional
is what I meant.

Thank you. Don't
give Brenda any ideas.

I love you, baby.

I love you.

Mmm.

Mandy, you want to dance?

Congratulations. Thanks.

Congratulations.

Down along the tracks

She lost her home
and her family

She won't be coming back

Without love

Where would you be now

Without love

He's such a good
dad, isn't he?

You'll be a good dad.

I will.

Well, the Illinois Central

And the Southern
Central Freight

You got to keep
on pushing, Mama

You know you're running late

Without love

Where would you be now

God, I'm sorry, man.
I'm sorry. You ok?

Who the hell brings
a baby into a bar?

She likes the band!

Well, if you can't
take care of your kid,

you should keep your
dick in your pants.

What did you say?

You heard me.

Absolutely, I'm
sorry, man. I'm sorry.

Here, hold Mandy for a second.

What are you doing?

Kenny.

Kenny!

You ever say another word about my
daughter and I'll fucking kill you.

I'll take your
fucking eye out.

You understand
me, motherfucker?

Kenny, get off him.
You understand me?

Hey, hey, Kenny,
easy. Come on.

Enough. He's ok, all right.

No, he's all right,
he's all right.

We clear? We're clear,
right? Mano a mano, huh?

Come on.

Hey, we're Cool.

We're cool, he's all
right. Get some Wild Turkey.

Wild Turkey for my
buddy here. You ok, man?

Get some ice for my buddy
here. Sit down. Sit down.

This one's ok. He's fine.

No.

We're sitting here having fun
and you had to go and do that.

Who's your buddy?
Who's your pal?

Come on, now it's a party.
You know what I'm saying?

Come on, come on!

Come on, come on, come on.

Come on, let's dance.

Give the baby to Betty and
let's dance. Let's dance.

Come on, let's
dance. Fuck you.

My, my, my

Whoo!

My my, my Sharona

When you going to give
me some time, Sharona?

My my, my Sharona

My Sharona

Never going to
stop, give it up

Such a dirty mind

Always get it up for the
touch of the younger kind

My, my, my

Whoo!

My my, my Sharona

Right here! Right here!

Never going to
stop, give it up

Such a dirty mind

Always get it up for the
touch of the younger kind

My, my, my, my Whoo!

I dare you, Kenny! I dare you!

Kenny! Kenny!

He's awake.

Betty Anne.

He won't let go of my hand.

You keep waking him up because
you keep checking on him.

You got to calm down. Babe.

I don't want to turn
out like my mother.

Oh, baby.

Oh, shit. Quiet.

Hello?

Oh, no.

Benjamin Davenport,
beloved father,

grandfather and
great-grandfather,

was a hard-working man who
always put his family first.

Devoted to his wife, Eliza,
until the day she died,

his daughter, Elizabeth,
and all his grandchildren.

When times were roughest,

Benjamin made sure there
was food on the table.

Can I help you, Officer?

Excuse me, Father.

Kenneth Waters,
you're under arrest.

What? What?

We need you to come with us.

Can't it wait? Show some respect!
It's my grandfather's funeral.

Now, Mr. Waters.

Please, can't it just wait
until after the funeral?

All right, ok. I'm coming.
Just take care of Mandy.

Ok.

Ok, I'm coming. I'm
coming, all right?

Please, can't this wait?

What's this for?

Just until after the funeral.

Come on, guys. Give
me a break over here.

What is this for? A
goddamn parking ticket?

What the fuck?

Kenneth Waters,
you're under arrest

for the murder
of Katharina Brow.

Are you out of
your fucking mind?

You let me off two years ago!

We got you now.

Look, these lawyers
want 25,000 up front.

25 grand?

If I had 25 grand, I'd
buy a fucking yacht.

This is a joke. They
got nothing on me!

They arrested you for murder.

They must think
they have something.

No. The police are
fucking with me.

A public defender
will be fine.

Hey, come on, you're
going to get wrinkles.

Cops are drawn to me like
bees to honey, you know that.

I have a gift.

Yeah, some gift.

Hey, don't worry.
They got nothing.

It's going to be ok.

He had a scratch on his face.

On the morning of
February 21, 1980,

he came home with a
scratch on his face?

Yes. Right here.

For the record,
you're showing them

just below the eye to
just below your lip?

Right

Did you have an argument
with Mr. Waters in July, 1980,

five months after the murder?

Yeah, he tried throwing me
out a second-floor window.

And at some point during the
argument, did he say something to you?

I asked him if he
killed that Woman.

He said, "Yeah,
what's it to you?"

Ms. Marsh, can you
please tell the jury,

why did you wait more than
two years to tell the police

that Kenny said he
had killed Mrs. Brow?

I was afraid of him. I
thought he'd kill me, too.

What is she doing to him?

I show you, Ms. Marsh, what's
marked as Exhibit number 64,

and I would ask if you
could identify that.

It's the same
knife Kenny carried.

When was the last
time you saw the knife?

Estava sempre na parede do
dep?sito, at? Kenny pedir demiss?o.

E quando ele saiu
da Transportadora?

Em janeiro de 1980.

And when Kenneth Waters
was brought in as a suspect,

did he have an alibi for the
period between midnight and 9:00 AM.

On February 21st?

He claimed that he was working
as a cook at the Park Diner.

And what did you discover
when you checked out his alibi?

We confirmed that he was
at work until 5:00 a.m,

but beyond that, there were no
witnesses who saw when he left.

His time cards
were never found.

The head and chest were struck with
a ceramic lamp and a metal toaster,

and there were 30 stab wounds.
Six to the head and neck,

three to the back, one to the
abdomen and 14 to the chest.

Five of them
penetrated to the heart,

and one time it went through the
front and almost came out the back.

There was an enormous amount of
blood, mostly from the victim,

but some from the perpetrator.

And what, if anything,
did you determine

With respect to the
blood of Katharina Brow?

Katharina Brow would be
identified as blood group B.

And with respect to
Exhibits 64 A through F,

did you examine those
items from the murder scene

and determine the blood
group present on each?

Yes. The blood on each of those
items was from blood group O.

And did you have
occasion to test a sample

from the defendant,
Kenneth Waters?

Yes. His sample is
from blood group O.

And what was your relationship

with Mr. Waters after you
met the summer of 1980?

Mmm.

I guess you could say we were
lovers for a while, about six months.

On those occasions when you did
some drinking with Mr. Waters,

do you recall anything
he said to you?

He told me he got picked
up for a murder in Ayer

and that they couldn't pin it
on him, and he laughed about it.

Sometime after
the summer of 1980,

did you have another conversation
with Mr. Waters about this murder?

YES.

Um.

He told me he stabbed her and
he took her money and jewellery

Did he tell you anything else?

He called her an old German
bitch, a fucking old German bitch.

After Kenneth Waters supposedly
told you, "I killed her,"

did you terminate seeing him?

No. So you believed
him to be a murderer,

but you continued to be
romantically involved?

Yeah. Until he
bashed my teeth in.

You have nine children by seven
different fathers, is that correct?

Objection!

Sustained.

Didn't the state, in fact,
declare you an unfit mother

and take your
children away from you?

Objection! Irrelevant.

Sustained. Watch
yourself, Ms. Fahey.

Wasn't Kenny sent
to training school

for breaking into
K. Brow's home?

No! That wasn't.
And didn't your son

regularly break into
houses in the neighborhood?

I never condoned that type
of behavior from my children.

Just answer the
question, please.

Yes.

I hope our place is as nice.

I'm not going to
live in no trailer.

I'm going to have a
mansion with 100 rooms.

And 10 refrigerators
filled with candy.

And our own private lake.

Lake Betty Anne and Kenny.

Lake Kenny and Betty Anne.

I Said it first.

Well, I'm older.

No, stop it!

Where's my candy?

Calm down, Mrs. Brow.
We'll take care of it.

Lee, around back.

Open up in there. Police.

Where do you think
you're going? Come here.

Go, go, go, go.

God damn it! What did I tell
you kids about trespassing?

Kenny, get over here. Stand right
there. Betty Anne, come on. Ow!

Come here, Betty
Anne, come here.

Get over here.

Hey, fat ass, your
mother's a dirty whore.

Come here. Ow!

You don't touch my sister.
Don't you touch my sister.

Don't touch her.

Take him to the ground.

Get down.

Kenny!

Go, run. Run, Betty Anne. Run!

we were just kids.

We'd play in people's houses
and pretend we had a normal life.

I don't know what
you're talking about.

You had a perfectly
normal life.

Yeah. Eight foster
homes. Perfectly normal.

There, baby.

The only reason they
took you away from me

is because I worked too much.

I had no life
except for you kids.

We know, Mother. You
were practically a nun.

But Kenny, he'd be
like a wild animal.

I'm not saying he was born
bad, but he had that temper.

I was always afraid
he might kill somebody.

Don't you ever say that
to me or anyone else!

Don't you even think
it, you understand me?

I mean, what kind of mother
would say something like that?

They're my babies!
They can't do this!

They bloody well can.

Why do they have
to separate them?

Why can't they go
to one foster home?

Shh!

I hate to split them up.

Ok, Kenny. Come with me.

Where you raking mm?

You are going to
come with me, honey.

No, I don't want to.

Come on, fellow, now.

Stop! No! Let go of him!

Betty, stop, stop. Let him
go. You got to let him go.

Please, no! Don't
take my brother!

Betty Anne! We have
to stay together!

Kenny, stop!

Will the defendant
please rise?

On indictment 82-4115,

this indictment charging
Kenneth Waters with murder,

what say you, Madam Foreman?

Is the defendant
guilty or not guilty?

We find the defendant
guilty, Your Honor.

Guilty of what?

Murder in the first degree.

82-4116,

this indictment charging Kenneth
Waters with armed robbery.

What say you, Madam Foreman?

Is the defendant
guilty or not guilty?

We find the defendant guilty.

We'll appeal it, Kenny!

We'll get you out!

We'll get you out, Kenny!

You hear me?

I'm sorry, baby.

Honey, I want to go see
him. Can I go see him?

You can't.

And if you keep
acting like that,

we're going to take
your ass to the hole.

I want my fucking
phone call now.

You will obey the
rules in this facility.

I want my fucking phone call.

You about that
close, motherfucker!

Settle down! I said
you got to settle down!

You want some of this shit?

Fuck you!

Fuck you! Fuck!

Get down! You
fucking cocksuckers.

That's all you
got, you fuckers.

Did you tell Mr.
Peters it was urgent?

I haven't heard from
Kenny in two weeks.

Not in your mouth, buddy.

He's called me every Sunday
for the past three years.

Something's happened.

Ow! Shit!

Son of a.

Just find my brother.

Damn it, where is he?

Something's wrong, I know it.

We should have heard
from Kenny by now.

You got to make
peace with this.

Make peace?

We got a family
here. This is us now.

Babe, Kenny's in prison for
the rest of his life. Accept it.

I will never accept it.

Hello. It's Harvey Peters.

Finally. I haven't heard from
Kenny since we lost the appeal.

Everything's ok now. You
got nothing to worry about.

What do you mean?
What happened?

Your brother's in
isolation, so no calls.

Why is he in isolation?

He tried to kill himself

What?

Kiddo.

How are you?

How could you do this?

What, this?

You'd be better off.

God damn it, Kenny. Promise
me you'll never do this again.

There's nothing
left. It's over.

There's still
the Supreme Court.

Supreme Court?

The Supreme Court ain't going to
fucking hear this case. I'm fucked.

I was fucked right
from the start.

You can't give up.

We'll find somebody else.
I'll take out a loan.

We'll get a top
lawyer this time.

Hey, when are you going to get it,
Betty Anne? There is no one else.

There's not a lawyer on
earth to give a fuck about me.

There has to be.
You're innocent.

Are you sure about that?

How could you ask me that?
How could you ask me that?

Doesn't matter whether I
killed Mrs. Brow or not.

I'm a piece of shit, aren't I?

I'm no good to anybody.

What about your daughter?

What daughter?

She's being poisoned against me.
I'm never going to see her again.

That is not true.

I got to go. I'm
doing Mandy a favor.

She's the one good thing I ever
did in my piece of shit life

and I got nothing to give her.

Please, Kenny, Wall.

You promise me you'll
never hurt yourself again.

Promise me.

I can't spend the rest
of my life in here.

Kenny, wait.

What's this?

I thought maybe I could
get a degree, finally.

Why?

I just thought,
maybe. I don't know.

Maybe I could eventually
apply to law school.

You're not doing this.
You're not doing this.

I could go part
time, I Could Still.

Enough.

So, this is what I'm going to
do and. Don't laugh, all right?

I'm going to start
by trying to get a BA

after I finally take
the stupid GED test,

and after that, if
I even get that far,

and there's no guarantee
I'll even get in,

I'll apply to law school.

But it is going to take along
time, Kenny, a really long time,

and, I mean, I
might be 80 years old

before I finally
become a lawyer,

and even then, I still don't know
if I'm going to find the answers.

But you just have
to promise me,

you just have to,

that you will never try to
Kill yourself ever again,

'cause if you do.

Just don't.

Ok.

May it please the court,
my name is Betty Anne Waters

and the issue today
is whether my client.

The issue is
whether Ms. Cooper.

No, the issue
is whether. Shit.

Start again, Ms.
Waters. And breathe.

Right, breathe.

JESUS.

What are you doing, Ben?

You guys ok?

Hey, you got them, didn't you?

Oh, shit.

Did you forget?

You forgot the fishing trip?

No, of course not. I just.

I just didn't remember
it was this weekend.

Guys, I'm so
sorry, I can't go.

I have to argue a brief in
front of real judges and lawyers.

You promised.

I know, honey. We'll
go another weekend, ok?

When? When Uncle
Kenny gets out of jail?

Richard.

Honey, I'm sorry.

I know.

I found this book
in the library.

It says that women hardly ever shoot
themselves when they commit suicide.

So Romeo Collad's
screwing Mrs. Brow, right?

His wife puts a bullet
in her head. You follow?

Yeah.

What if we can
prove he shot her?

How we going to do that?

I don't know,
we'll investigate.

And then they'd take him more
seriously as a suspect in the Brow case,

But Romeo Collad's dead, so.

So So, what?

It could still be enough
to re-open the case.

We just got to find a precedent.
Ask your Evidence teacher.

I really can't right now.
I got a ton of work and.

What's going on?

Tell me. It's
nothing. I'm fine.

Is something going
on with the boys? No.

Look, I'm. Just forget it!

Did they strip Search you?

No.

Betty, it's me.
Now, come on, stop.

I'm on probation at school.

Probation? What do you
mean? I'm the one in jail.

What are you talking
about? What does that mean?

It means that if I
don't improve, I'm out,

But you're doing You're
doing so. You're doing great.

No, I'm not. I've had late papers
and I flunked my Torts exam.

They can't do that to you.

You're the smartest person
in the whole goddamn school.

Fuck that! I'm going to write a
letter to those scum-bag teachers.

Yeah, and make sure you call
them scum-bags in the letter.

Fuck them! You should
at least get extra credit

for working on a
real fucking case.

They don't care about that.

Look, don't worry
about this, ok?

I'm going to take care of it.

Ok?

Ok, ok. Hey, don't cry, honey.

You're worth a thousand
of them preppy shitheads.

Don't cry, ok?

I know, I'm sorry.

No touching.

Hi. Hi.

You guys have a nice weekend?

Yeah. Yeah?

Get any homework
done? A little.

Yeah. Yeah?

Ok, what's going on?

Hmm?

Come on, talk. What happened?

We were thinking, you know,
since you've been so busy and all.

We were thinking that maybe
we want to live with Dad.

That son of a bitch!
He put you up to this?

No.

Did he?

No.

I need a guy around,
you know? For guy things.

You feel the same way?

Kind Of.

Call me, ok? Lei me know
how you do on your math test.

Ok. I love you.

And you, you don't
forget to set your alarm.

If you're late for English
again. I know, Mom, I know.

Watch your head. Come here.

All right, stop, Mom. Stop!

I love you. I love you so
much. I love you, too, Mom.

Ok.

I'll see you Friday.
We'll go to the movies.

Bye, bye.

Shaw. Here.

Stevens. Taylor.

Present.

Thomassen. Yeah.

Vaughn. Here.

Waters. Waters?
Betty Anne Waters?

Come on, up.

I'm unfit. Just
like my mother.

Will you knock it
Off? That is not true.

But I'll tell you what. If you
keep missing classes, you will fail.

I've already failed.
I lost my boys.

Betty, you didn't lose them.

I wasn't there
for them. I wasn't.

I can't help Kenny.

Especially if you get
kicked Out Of law School.

There's your underwear,
there's your jeans,

that's clean. Come
on, get dressed.

I can't. I can't.

Just come to school
today. Start there.

Life's swell here at the
Hilton, food's fucking fantastic,

just like Ma used to make.

Can you send me
more white socks?

I love you and I
miss you very much.

I, Kenneth Waters,
being of sound mind,

leave all my
worldly possessions

to my sister,
Betty Anne Waters.

Also, most important, I'm giving
her full authority on any decisions

concerning my daughter
Mandy Marsh's well-being.

So, two of us will
be defense attorneys,

two will be the prosecutors.

Thanks for
dropping by, Waters.

Nice ironing job.

And then we need a
defendant, and a paralegal.

I nominate Betty Anne
to be the defendant.

What's my alleged crime?

Uh Rape.

Oh. Gee, thanks. What
case did they assign us?

You'd know that if you
actually came to class.

Shut the fuck up.

Sewell v. State, 1992.

Sewell had already served
10 years in prison for rape,

and then he sued the state for
the right to DNA test the rape kit.

DNA test?

Yeah, the semen in the rape kit
wasn't his. The DNA didn't match.

And he won?

YES.

Yeah, look. "Advances in technology
may yield protection for exculpation

"where none
previously existed."

All right, so who wants
to be the paralegal?

Abra.

It's the blood.
This is the key.

What? There was so much blood.

Look, I'm going
to get Kenny out.

There were no DNA tests then.

They only knew that the murderer
was type O and so is Kenny.

But now, if we can DNA test
the murderers blood and Kenny's,

it'll prove Kenny's innocent,
just like in the rape case.

Berry.

I'm sorry, Don.

There are 49 other
cases like this.

Wait. How do you know the
blood evidence still exists?

'Cause we're going to find it.

And Barry Scheck
is going to help.

Here, look.

Oh, I see. Barry Scheck.

This is what he does. Look, he has
this Innocence Project in New York.

And you're just going to call him
up and he's going to take your case?

Yes!

Are we both going to
sleep with him or just you?

Abra, God. Look.

Dear Mr. Scheck, I would
greatly appreciate any assistance

you and the Innocence
Project can provide

in helping me free
my brother, Kenny,

From a life-without-parole
sentence.

In 1983, Kenny was convicted in
Massachusetts of first-degree murder

with extreme atrocity
and armed robbery.

I have done everything in my
power for the last 16 years

to prepare myself to prove
my brother's innocence.

You good?

I can't find it.
I can't find my ID.

You checked your
whole wallet? Twice!

You can't take the
Bar exam without ID.

Abra Rice.

Rice.

Thank you. Thanks. Next.

I'm sorry, I can't find
my ID. Just one second.

Look what I found in my.

There. You bitch.

it's funny. I can't
believe you did that.

Waters. You almost
gave me a heart attack.

She's very old and she can't
remember a single thing.

Mr. Scheck, I've been done
everything in my power for the

last 16 years preparing myself
to prove my brother innocence.

the day that my brother was
unjustly convicted of this crime,

changed not only
his life, but mine.

Dear Ms. Waters, I've enclosed an
application for your brother Kenny

to complete and
return to our office.

I must stress that
we only accept cases

where DNA evidence can
exonerate the accused.

Once we evaluate the viabilaty of the your brother
case will be vittal checking if DNA samples still exist.

Without that evidence, will
be impossible to us to procced.

The Innocence Project has a
backlog of several hundred cases,

so I must caution that it
will be at least 18 months

before we can begin to
evaluate your brother's case.

If however, you pass the Bar exam
and become your brother's attorney,

you yourself can begin looking
for the DNA evidence immediately.

If you manage to find it,

Mr. Scheck may agree to
act as consulting attorney,

in which case we
can work together

towards exonerating
your brother.

Mom?

I'm in the kitchen.

Damn thing's still frozen.

Thin's good, right?
Didn't you say that?

Open it. Are you sure?

Don't look at it. Just
hold it up for me to read.

Don't look!

I'm not.

Thank you, God.

Did you hear what I said?

Kenny?

Yeahs We did its We did in

My baby sister!

Muddy, would you
please sit down?

My baby sister did it! My baby
sister just passed the Bar.

Yeah, yeah. I understand,
but you have to sit down.

You have to take a seat, now!

Right, ok. I'm
going to take a seat.

Sit down. No, come on.

Gel the hell off of me! What
the hell is wrong with you?

Sit down! Sit down.

Ok.

I'm cool. I'm all right.

Ok, ok.

So proud of you.

I'm proud of you.

Ayer police.

Hi. I'm an attorney, and I'm calling
regarding evidence from a 1983 case.

Your name, please?

Um.

Abra Rice.

If they realize I'm
one of the Waters kids,

God knows what they'd do
to the evidence. You know?

I just don't trust them.

You could have used
your married name.

Yeah, but then when
I want to be me,

I won't be able to
'cause I was someone else.

I want to be me
when I need to be me.

So to solve this problem,
you decided to be me?

Just this once.

Nice. Yeah, I
love those shoes.

But from this point on.

You need me to be me.

Right.

Ok. So what did the Ayer
Police tell me, again?

They don't have the
evidence there anymore.

It's at the courthouse
where we had Kenny's trial.

That's where I need
you to call on Monday.

On Monday. Ok.

I understand if
you can't help.

I mean, I don't want to do
anything to jeopardize your new job.

I mean, this is my
cause, not yours.

It's my cause, too.

Ok. Does this make me
look like Barbara Bush?

A little.

Yeah.

I don't deserve
a friend like you.

You're damn right you don't.

That's right. Waters. 1983.

Ok, well, isn't it
possible that it's still In,

What? What are they saying?

Do you have an actual date
when that would have happened?

What happened?

Ok. Thank you.

What? What did they
say? What did they say?

Aura.

Berry, they destroyed n.

What?

According to
Massachusetts law,

they destroy evidence
after 10 years,

and Kenny's evidence was
destroyed in April, 1993.

That is not possible.

I did come this far,
after all this time.

I'm sorry. No, wait

It has to be there. No. It has
to be there. It's his only chance.

Look, we're going to
make them look for it.

Honey, there's
nothing to look for.

We're going to make
them look for it. Sorry.

We're going to make
them look for it.

I understand
what your records.

I know, but I was hoping that

by some chance, the sample
might have been left at your lab.

But the woman I spoke to
last week said she would look.

Alice O'Malley.

Ok, well, is Kathleen
Higgins still working there?

She testified at
the original trial.

Linda Clarke.

And she checked every
single box in that basement?

Ask for the supervisor.

Can I speak to your
supervisor, please?

Ok. Well, thanks for looking.

Mrs. Halloran? Hi,
this is Abra Rice again.

I'm sure Ms. Clarke
searched thoroughly.

Yeah, if you
yourself could look.

Yeah.

What?

No, I didn't
realize you already.

Yeah. Ok, thanks.

Your mother's not
in the best mood.

Something happen?

Ok. Start eating.

Here, baby. Aura?

What's wrong, Ma?

Naming.

Come on, start eating your
food, it's going to get cold.

So, how's your
fathers new girlfriend?

What is She, 14? 15?

You tell them. They
have a right to know.

What? What?

It's just a setback.

Berry.

What am I going to do, Abra? Give
up? Is that what you're saying?

It's gone. They maxed?

Can't they look
again? They did.

Mistakes happen.

Obviously, or Kenny
wouldn't be in prison.

Berry, they destroyed n.

No.

That evidence exists Somewhere
and I'm going to find it.

Ok. Let's say you do find it.

What if the DNA
matches Kenny's?

Get out. Get the hell
out of my house right now!

No, you got to hear this.

Even if you're the
most amazing fighter,

the most brilliant
lawyer in the world,

there are forces greater
than you and you may not win!

You think I haven't
thought of that?

No. You haven't.

Just go.

Sorry, boys.

It's just a setback.

Eat your food. Come on.

Good morning.

Can I help you? Yeah.

I'm an attorney, Abra Rice,

and I'm trying to locate evidence
from the Kenneth Waters trial.

Yeah, we spoke on the phone.

Did you check with
the courthouse?

Yeah, and they
can't locate it.

Yeah, well, like I said, they
probably destroyed it by now.

I mean, it's been, like, what.

Betty Anne Waters?

You know, I'm sorry, I don't.

Lieutenant Daniels.

I knew your brother Kenny.

I was a rookie here when.

You're his sister?

But I am an attorney,
and he is my client.

Holy shit!

My sister won't even
send me a birthday card!

I was just telling Ms. Waters that
we don't have any evidence here.

Here? From back then?

That's a lot of years.

Would you mind looking?

You're really his lawyer, huh?

Yeah.

That's it for
the old evidence.

And there's nowhere else?

That's it, just supplies.

Working hard for your brother.
I wish I had better news for you.

How's Kenny holding up?

Not so great.

I remember that case.

Funny guy, that Kenny.
I got to tell ya,

even with what he
did. He didn't do it.

I liked Kenny.
We all liked him.

Nancy Taylor didn't.

Yeah, well, Nancy Taylor
doesn't work here anymore.

Why new

She got herself into
a little hot water.

Groton Police Department.
Chief O'Connell's office.

No. He's not available
right now, sir.

I gave him your message.

I understand.

I will let him know.

Why aren't you a cop anymore?

I left the force
when I got married.

Really? You mean it had nothing
to do with you framing another cop?

I beg your pardon?

What was his name? Oh,
yeah, Stanley Randall.

He found out that
you were dirty,

so you got a waitress from the
Rusty Scupper to accuse him of rape.

Is that what they
told you over in Ayer?

I'm sure you can
imagine what it was like

to be the only woman on
that police force. Hmm?

I wasn't dirty, and the
rape charge wasn't false.

The truth is, they never got
over me solving the Brow murder.

You didn't solve it. You put
an innocent man in prison.

I am sorry you have
wasted your life on this.

Your brother
killed that Woman.

Hi, Don.

Hi, Betty.

Is she sleeping?

She usually is at
5:00 in the morning.

Come on in. I'll get her up.

Thanks.

Baby, sweetheart. Guess who?

I wish we could use this. I mean,
she framed a cop, for Chrissakes.

It still doesn't
prove she framed Kenny,

I mean, it wouldn't be enough.

Thank you.

No. it's not enough
for a new trial.

God, I hate the damn legal system.
It's so fucking inconvenient.

I'm sorry I kicked
you out of my house.

It's ok. Your mac
and cheese sucks.

You were wearing that outfit
when you said you were me?

Yeah. Too bad being you
didn't get me anywhere.

Uh-huh?

You know, there is one
thing we haven't tried yet.

How long will it take you to
make yourself look like a lawyer?

Hi. I'm attorney Abra Rice
and this is my associate.

I'd like to talk
to Mrs. Halloran.

Do you have an appointment?

It's a pressing legal matter.
Mrs. Halloran's aware of it.

I'm Mrs. Halloran.

Hello. I'm Abra Rice,
we spoke earlier.

Yes, but as I told
you on the phone.

I'm Betty Anne Waters.

And the evidence in question
is from my brother's trial.

Well, we can't just
have family members.

I'm also his attorney, and I
became an attorney just to help him.

I understand that you looked, but if
you could please just look one more time.

If we did this for every
person who came in here.

We don't have the Staff.

Look, I don't know
what else to do but beg.

I'm asking for a favor,

a favor from a complete
stranger, but, please.

You're talking about
evidence that's 16 years old.

Our record shows
it was destroyed.

Is it possible that the
record could be wrong?

That's highly unlikely.

But possible.

Are those your grand kids?

Yes. Beautiful.

They look like you.

Oh.

Please.

My brother's innocent. And
you're right, it's been 16 years.

And our family
really wants him home.

She's there.

Why don't we come back here?

Just set it right there.

Thank you. it's ok,

Here you go.

You're allowed to touch.

14B.

Victim's blood.

Number 29?

Victim.

Exhibits, A through F.

Perpetrator.

Good job, Counselor.

I'll need to file a Motion
to Preserve the Evidence.

Well, that office
is closed now,

but I'll file it for
you in the morning.

I'll get you the paperwork.

You're going to You're just going
to leave the box out on the table?

It'll be fine.

My brothers life
is in there. Please.

Could I just put a
sign on it with my name?

That really isn't
necessary. Please.

If anything happens to this.

Well, all right.

Ok. Thank you. Yeah.

Could I borrow some tape?

It's right over there.

Ok. Here you go.

Thank you.

All right.

Ok.

You missed a spot.

He's getting out of here!

Shit.

Hello.

Is this Betty Anne Waters?
- Yes.

This is Barry Scheck.

Oh, my God. Hi.

Hi.

How are you?

Fine, fine! Great!

Congratulations on
finding the evidence.

It's extraordinary.

Thank you, but I really
didn't do anything.

You mean, besides
becoming a lawyer?

No, I mean, you know, we were just
lucky that the box was still there.

I hear you beat up an
old lady to find it.

No, but that was going
to be my next step.

Kenny thinks he's
getting out tomorrow.

I wish.

DAs don't like to admit they
put an innocent person in prison.

And this DA, Martha Coakley,

has just gotten elected, so
she's really not going to like it.

How long do you think
it's going to take?

We're going to have
some hoops to go through,

it might be a
couple of months.

A couple of months?

It may be less.

But the important thing is,
if your brother's innocent.

He is.

Then this is a travesty of
justice, and we will get him out.

Thank you, Barry. Thank you.
Thank you so much for calling.

No hugging.

I'm his sister!

He's in segregation.
And that's the rules.

Let's go.

Thanks, Dad.

What were you thinking? Why
wouldn't you just take the test?

It's been a year, Betty
Anne. A fucking year.

I don't trust them.
I'm not doing it.

What?

I'm not doing it.

Jesus Christ, Kenny,
are you out of your mind?

This is it. This is what
we've been waiting for!

What, you're not going
to take the fucking test?

Why now, all of a
sudden, out of the blue?

Why can't you be in the
room when they test me?

They won't allow that. They're
not going to agree to that!

So, I'm supposed to trust
a bunch of staties to do it?

This isn't a choice.
You have to do this.

It's going to test positive.

They'll find a way. They're
going to fuck me again.

You'll see.

I'm leaving.

You'll do it,
or I'll kill you.

That's your sister and
your lawyer talking.

What the hell is
going on over there?

Why don't we have
the test results yet?

The evidence is still
sitting in the crime lab.

Just sitting there?

It takes six months
to approve the testing,

five to decide how to test it,
and now they're doing nothing?

That's what you're telling me?

Martha Coakley is
definitely stonewalling this.

Are we having a famine?

I have teenagers, remember?

Look, do we even know if Kenny's
DNA ever made it to the lab?

Or if the crime
samples are still there?

It's there.

Have you seen them?

Why aren't you doing
anything about this?

We call the DA's office
every day, and the crime lab,

the interns have sent,
like, 8,000 e-mails.

Interns? Jesus, Barry,
this is beyond interns!

It's just going to
take some more time.

Great. You and your interns take
your time while Kenny rots in jail.

Fuck. Ok.

You shouldn't take
it out on Barry.

You're right.

Are you Dr. McGilvray?

Yes, I am.

Betty Anne Waters.

I need the evidence for my
brothers trial sent today.

Excuse me? I'm sorry,
I'm don't know who.

The DNA evidence from
Kenneth Water's trial

Why is it just sitting here?

We have procedures to follow.

I'll tell you the procedures.
Test the goddamn evidence today

and FedEx the result to Ed
Blake's lab in California,

How hard is that?
Why don't you

leave your name and number with
Lois here, and someone will.

So, what is it? Martha Coakley's
telling you not to do it?

Excuse me, I have a
meeting that I'm late for.

Or is there some promotion
you'll get if you kiss her butt?

You can't keep fucking with
my brothers life like this!

You have my name and
number. I called, many times.

Mom, let's go! We're
going to miss the kick-off!

I'll be right down!

Shit. I forgot my phone!

When's the last time you
used it? I don't remember.

Can it. Maybe it'll ring.

Yeah. You check my desk. Ok.

Where's it coming from?

The COUCH.

Holy shit. What?

He's innocent! What?

Uncle Kenny's innocent!
It wasn't his DNA.

"Kenneth Waters is eliminated
as the source of the male blood."

RICHARDS Oh, my God.

You guys. Oh, my God.

We did it. You. We
did it. We did it.

We did it. We did it. We.

I love you guys. I love you.

It was all you.

Is this what I think it is?

Yup.

Is this for real?

Yeah. We did it.

You did it. You
fucking did it.

When am I getting out?

A few days. A few days?

I can't wait a few days!

There's paperwork, Kenny, you
can't just walk out of here.

Why not? They
know I'm innocent!

Hey. Do you hear that,
motherfuckers? Waters.

I'm innocent. Negative
DNA test. Waters. Waters.

I'm very happy for
you, but take your seat.

Ok. My baby sister's
a fucking genius.

You look great. They
can still kick your ass.

She's getting me out of here.

Sit down and
finish your visit.

So when? What do you
think? Monday? Tuesday?

No. I have to hear
back from Barry.

As soon as he reaches Martha Coakley
and she vacates the conviction.

Well, you tell Miss
Martha fucking Coakley

I want a shiny new limousine picking
me up, with a fully stocked bar!

You got to call Mandy for me.

You got to call her and tell
her they know I'm innocent.

I will. As soon as I
get out of here, I will.

Tell her I'm getting out.

Tell her I miss her
and I want to see her.

Will you tell her that?

I will.

I love you, Kenny.

I love you.

I love you.

Mandy, this is your
Aunt Betty Anne.

You probably
don't remember me,

but I really need to talk
to you about your dad.

It's very important.
It's nothing bad.

I mean,

it's great. We finally found the
evidence that proves he's innocent.

So he wanted me to call
you and let you know.

So he thought.

You have zero messages.

Hey, you guys hungry?

I'm going to throw you a sandwich
up. I've got ham and tuna.

Mom, if you throw a sandwich
up here, the roof will cave in.

Very funny. I'll remember that when
you want to bring a girl up here.

At least Uncle Kenny'll think
it's nice compared to jail.

Hr.

Thank God! I'm
going crazy here,

and Kenny's going
absolutely insane.

I know. I'm sorry.

Did you reach Martha Coakley?

Yes.

What'd she say? How
long is it going to take?

There's a problem.

She said.

Thai there was still enough
evidence to try you as an accomplice.

So I'm not getting out?

Not now. But,

I'm sorry, Kenny.

It's ok.

I can't do this anymore.

Kenny.

Can't

It's not fair, you
know. It's not fair.

I got to go. Kenny.

I'm going to kill that
fucking bitch! Kenny.

I'm going to kill her.

Waters. Sit down.

Kenny.

Kenny, Kenny, listen to me.

We can't give up.

We We have Barry on our
side now. No, no, no.

And we will fight
her in court.

Hey, you tell
Barry forget it, ok.

We're way past
that, little Sis.

Take care of your boys. You
got to move on. it's over.

It's not over.
It's over, honey.

It's not over. Why?
It's over, honey.

Fuck her. I fucking
knew it. Motherfucker.

Kenny, sit.

Waters! Motherfucker.

Sit down, or
you're out of here!

Hey, man. Haven't you heard? I'm
never getting out of here. Never.

I'm here forever, man.

Remain down.

Hey, get out of my face,
shithead. Come on, sit down.

I tell you that it's
over. You understand?

I said, sit down!

I'm talking to
my sister. Move.

Visit's over.

Take your hands off.

Kenny, Kenny. Kenny, don't.

That's not nice.
Motherfucker. Kenny!

Motherfucker. I told
you to stay out of it.

Kenny!

Take him down. Don't.

Motherfucker! Motherfucker!

Motherfucking bitch!
I told you. Don't.

Didn't I fucking tell you?

They made fools
out of both of us.

They made fools
out of both of us,

Betty Anne. Settle down now.

We're fucking chumps.

We're fucking
chumps. I told you.

Kenny's in solitary,
for Chrissakes!

Why is everyone
congratulating me?

You proved he's innocent.

Yeah, well, not to
Martha Coakley, I didn't.

We'll fight her.

We are not going
back to court.

Kenny will not
survive another trial!

And I'll be damned if we have to
prove his innocence all over again

just because of
that evil bitch.

There won't be a trial
if we gather new evidence.

How are we going to do that?

Think about it.

The DNA doesn't just prove
that Kenny's innocent.

It proves all those
witnesses were lying.

Rosseanna?

Oh, shit.

Well,

see, what happened was
I was threatened, ok?

Who threatened you?

Don't I know you from TV?

Oh, yeah! I know! You're
that famous Jew lawyer.

Roseanna, who threatened you?

You know, that fucking cop, Nancy
Taylor, had it out for Kenny.

She kidnaps me, right? Her
and this Chief of Police.

And they take me to this room,
this hotel, against my will.

That ain't legal.

And they get me drunk. You
know, am I going to argue?

And the Chief of Police, he's
wanting me to pray with him.

You know? So I
get down, I pray,

for forgiveness, forgiveness.
Forgiveness for what?

'Cause they fucking lied,

saying they had all this
evidence they didn't have,

telling me that I'm
going to be an accessory,

and threatening to
take my daughters away.

I was absolutely,
totally sick.

I mean, I puked. I mean,
you should have seen it.

I never seen pictures like
that before in my life.

Oh, my God. This is the part.

Pictures of Mrs. Brow?

just happened.

He's your husband's
best friend.

Yeah, the pictures.

You know, the
fucking pictures.

You know, you've seen them.

She had stab wounds
all over her body,

and her brains are
coming out and everything.

And I just went.

You know, I went
hysterical. I was hysterical.

And I broke down
and, you know,

they were talking at me, like,

"You want this
to happen to you?"

You know, "You want a fucking
murderer walking out on the street?

"It could happen to anybody.

"Your mother, your kids,
you. " You, meaning me.

So Nancy Taylor said that Kenny could
murder you or your mother or your girls?

Yeah, she fucking did.
That's exactly right.

Excuse my French.

I mean, there was a lot of thing
that wasn't quite right in Denmark.

And I was trying to
put it together, I just.

I mean, I was telling them.

I was, like, I was fucking
plastered at the time.

I don't remember
what Kenny said.

And you'll sign this
affidavit once we're done?

I can't live like
this any longer.

Betty Anne, I'm sorry.

I know I put your brother in
there. I know I did, I did.

I'm sorry.

But I was up against a wall,
you know, I was railroad.

I told them Kenny is innocent.

You know?

Nancy Taylor, she fucking.

She says, "Once I get my
lead, I never let it go."

So, I just need to know, you'll
sign this affidavit, then?

Yeah.

So, after we leave
here, we'll just.

You can come with us, we'll
just quickly get it notarized.

Oh.

What about perjury, then?

What about perjury?

Yeah. If I sign this,

then everybody's going
to know I lied before.

What's the statute
of limitations?

I didn't know she could
say so many syllables.

I'd like to knock out
the rest of her teeth.

Taste in women was not one of
your brother's strong points.

Mandy? Yeah.

I'm your Aunt Betty Anne.

You r father's sister.

What do you want?

Did you get my messages?

I I got to go.

I really need to
talk to your mother.

She's not home.

Please, your
father's innocent.

My father's a murderer.

No. The DNA test
proved he's not.

Wait. Did she give
you his letters?

He wrote to you every week!

On

He's innocent!

Ma, are the pancakes
almost ready?

Hey, guys.

Anybody up for a drive?

Any pancakes left back there?

Oh. You Wanted Some?

Richard! Give me One.

Forget it, you lose! Hey!

Immature. Immature.

Hey, come on. Come on.

You're going to
make me crash. Here.

One pancake.

Ok.

You guys going to tell your father
this is how I made you spend Christmas?

Your secret's safe with us,

Besides, we're
willing accomplices.

You guys would do this
for each other, right?

If Ben tried to go to law school
for me, I'd die an old man in prison.

Don't worry about
it, I Wouldn't do it.

You wouldn't?

I mean, I'd want
to help and all,

but I don't think I could give
up what I really wanted to do.

Which is what? Sleep till
noon and hang out at the mall?

Shut up. What,
you'd do it for me?

Yeah. I would.

You'd sacrifice your
whole life for me?

When you put it like that.

Forget n.

You think I sacrificed
my whole life?

It's ok. Come on.
Hey, give me the gift.

Come on, let's go.

Merry Christmas. Mandy,
these are your cousins.

Thanks, but this isn't
a good time right now.

I'm sorry. Merry Christmas.

Ok, here. Sorry,
I can't take that.

Come on.

The boys got you a video.

God knows long it'll
take to approve it.

Do you remember the year they
wouldn't let me give you Babe?

Hey, here we go.

Happy New Year.

We're getting close, everyone!

Nine, eight, seven,
six, five, four.

"three, two, one.

I'm working.

Please.

I have this memory

where I'm sitting on the
kitchen floor and I'm like

three or four years old,

and my mom and aunt are talking about
Daddy's shirt being covered with blood.

I couldn't figure it
out. You know, I just

didn't understand why Daddy's
shirt was covered in blood.

It wasn't

She lied?

The DNA proves she did.

Why would she lie like that?

I don't know, honey, but
that's what we need to ask her.

Did he really
write me every week?

For 18 years.

Even when you
were just a baby.

Is he getting out of jail?

They're not going to let
him out without new evidence.

Why new

Because people don't like to
admit when they've made a mistake.

We need a statement
from your mother.

I can't control what she does.

Yeah, I know.
Either could Kenny.

You know,

if Massachusetts had
the death penalty,

your father would
be dead by now.

He made that for you.

He's had that on the wall
of his cell this whole time.

After me and Kenny split
up, I had this boyfriend,

Robert.

And he says that we could get money
from the cops if we rat on Kenny.

So he goes to Nancy
Taylor and says that

I told him that Kenny
confessed to Mrs. Brow's murder.

Nancy Taylor tells Robert
he can fuck himself.

And she hauls me in,

brings me to this hotel,

makes me look at all
these gross pictures.

And she says

that they can prove
I was an accessory,

And that they'll
take Mandy away.

Hi. Do you guys have
a printer I can use?

Can you guarantee I won't
go to jail if I sign this?

No. I can't.

Sign it, Ma.

Martha Coakley, please.

No. I have Barry Scheck
calling and it's urgent.

Ms. Coakley?

Betty Anne Waters.

Look, Barry's
tied up right now,

but he wanted me
to let you know

that Brenda Marsh, your key
witness in the Kenneth Waters case,

has just recanted her
original testimony.

And we just faxed
the affidavit,

and so you should be
getting it shortly.

Hang on, here's Barry now.

Martha! Yeah. That's something
about Brenda Marsh, isn't it?

Oh, really?

Listen, I just wanted
to give you a heads up

while you're deciding whether or
not to vacate Kenny's conviction,

the folks over at the Boston
Globe and the New York Times,

they just love this story.

No. They're all over it.

Yeah, the phone's
been ringing. Yeah.

Great. All right Ok, bye-bye.

Are all sides in agreement
to vacate the conviction?

Yes, Your Honor.
Yes, Your Honor.

Yes, Your Honor.

Kenneth Waters,
you're free to go.

That's it? That's it.

Hey, those 18 years,
man, they're gone.

Right now, I'm.

How could you possibly
thank your sister

for what she's done for you?

I don't know. How would you
thank her? It's a good question.

Betty, you have any big
cases lined up after this?

No, no, no. I never really
planned on practicing law, so.

Is this for us?
This is for you.

We chipped in.

Hey. Kenny, Kenny, Kenny.

Hey.

What? Look who's here.

Where?

it's Mandy.

That's Mandy? Yeah.

Go talk to her.

Just two seconds, guys.

Hi.

Hi.

You're so beautiful.

I'm sorry, I can't just.

My whole life, I thought.

Not your whole life.

What my mother did to you.

I'm so sorry. I'm so sorry.

That's not your fault.

That's not your fault, honey.

Oh, come on, let's get
out of here. Come on.

Lake Betty Anne and Kenny.

Lake Kenny and Betty Anne.

Even if it had taken you
another 20 years or so,

I would've been ok.

Another 20 years?

Jesus. I would've
lost my mind!

No, I mean, you know.

Knowing you were out here,

working so hard for me,

knowing that you
loved me that much.