Fatal Memories (1992) - full transcript

♪

( Reporters clamoring )

( Indistinct )

( Reporters clamoring )

man: This is Jack
winger of KNSC news

speaking to you live from
the courthouse in redwood city.

In December of 1969,

a groundskeeper
making his usual rounds

discovered the body of
8-year-old Susan Nason

in a litter-strewn ravine

Mr. and Mrs. Nason,
parents of the murdered child,



have just entered
the courtroom now.

We can only wonder at
the thoughts and feelings

That they will
re-living here today.

Since his arrest, the accused,
George Franklin, sr., 51,

a retired firefighter
and a father of five,

has trimmed his hair

And how wears
steel-rimmed glasses.

His accuser is his own daughter,

Eileen Franklin-Lipsker,

who will testify today.

Judge: The record will reflect
the presence of the jury...

The defendant with counsel.

The people are represented.

Miss tipton, you may
call your first witness.



Tipton: Thank you, your honor.

I'd like to call Eileen
Franklin-Lipsker.

That's hyphen Lipsker.

State your name, and spell
your first and last names.

Eileen Franklin-Lipsker.

E-i-l-e-e-n

L-i-p-s-k-e-r.

Do you swear to
tell the whole truth

and nothing but the
truth, so help you god?

- Yes.
- Thank you.

Have a seat, please.

Judge: Miss Lipsker,
please try to stay

as close to the microphone
as is comfortable...

It doesn't pick up that well.

Okay. Thank you.

( Sighs )

Good morning, Eileen.

- Good morning.
- Will you tell the court where you reside?

We did live in Los Angeles.

But my husband's
computer business

Made it necessary for
us to move to Switzerland.

And the actual business that
your husband performs is what?

Consulting on mainframe
computer systems.

Okay. And that's the
primary reason for your move?

Yes. And we felt
that it would be

A healthy, safe place
to raise our children.

Mm-hmm.

Now, can you
identify the defendant?

He's sitting over there

in a dark suit
with a striped tie.

And what is your
relationship to the defendant?

He's my father.

How would you describe your
relationship to the defendant

while you were growing up?

I was his favorite.

And can you tell us when the
memories involving your father

Began to come back?

At first they were pictures
I didn't understand.

They started when we
still lived in Los Angeles

some two years ago...

Eileen: So how long will
you be up in San Francisco?

Woman: Just the weekend.

I'm not really sure I
want the family to know

I'm gonna be in
the area, though.

Oh, don't worry.
We hardly ever talk.

I did go up, though, for my
ten-year high school reunion.

You're kidding.

I didn't see the family.

So did you go by the house
or the neighborhood or...

No. I didn't want to.

Girl: Mommy, mommy! Look!

- I left my cigarettes in the car.
- You should quit.

Mommy, watch me!
Come here! Come here!

Okay.

- Are you ready?
- Uh-huh.

Here comes sica the acrobat!

Oh! Good!

Mommy, I want to come down.

Okay. Put your legs around here.

Thatta boy. Down you go.

Good! Want to do it again?

- Yeah!
- Okay, go around there.

Sica?

Sica!

( Panicky ) Sica?!

Sica!

Sica!

Sica! Sica!!!

Mommy, mommy!

Here I am!

Don't you ever, ever
run off like that again!

Do you understand me?!

( Giggling ) How can I hide?

Stop it. Stop it!
Stop it, both of you!

Please stay where I can see you!

Settle down, settle down.

Let's go get a drink
at the table. Go ahead.

What frightened you so much?

( Deep sigh )

I overreacted.

( Typing )

Mmm...

Hmm.

( Typing )

Are you taping that
tennis match for me?

Oh... i forgot.

Eileen, for Pete's sake!

( Chuckles )

I could have yelled "fire."

I think that's a
federal offense.

You've already worked
a zillion hours this week.

And I have to work a zillion
more until I finish this job.

I just need a little more time.

- As soon as we get to...
- Get to Switzerland, blah, blah, blah.

I miss my husband, Barry.

Aaah!

Are you okay?

( Gasps )

Yes.

Careful. I'll do that. You
get Aaron back to bed.

Right.

Right. Bye.

That was Barry.
Something came up at work.

My phantom husband.

He says he's very sorry.

Why don't we take the time to
examine your childhood a little more?

I'm glad it's over.

Maybe we should
just forget it and go on.

Where would you like to go?

Sica hid in the park the
other day, and I was terrified.

Of what?

I don't know.

It was a... a
beautiful, sunny day,

And I went ice cold.

What did you think
would happen to her?

Something horrible.

I don't know why, but
that's what I'm afraid of.

Something really terrible.

Are you okay?

( Sighs ) How can I be okay

When I'm married to a man who
works all the time and doesn't see me?

Well, I see you now.
That's why I asked.

You seem jumpy and nervous.

I'm worried.

You ask, but you want me to
answer "yes, I'm fine." So yes, I'm fine.

No, what I want you to
answer is what's going on.

Are you sorry we're
moving to Switzerland?

No. I can hardly wait.

You'll turn into this
wonderfully relaxed person

And we'll have two-hour
lunches and take the kids on hikes.

And what will you turn into?

Oh, Barry.

You must have had a
good session with Evan.

Does this mean I don't have
to go back to therapy with you?

You're a brilliant man
and a terrific father.

And when I married you, I
thought I turned my life around.

So why isn't everything perfect?

Everyone's question, huh?

Come on.

( Both laughing )

Mom?

( Groans )

What was your mother's response?

She saw us, and went
out and closed the door.

Did you try and tell her?

Later.

I said, "he hurt me."

And she looked at
me and said I was fine.

How old were you?

Maybe around six or seven.

How has your father
been with your children?

We haven't seen him
in about four years.

Any reason for that?

Once I walked in and he
was holding sica on his lap.

And I didn't know
why at the time,

But I grabbed her and
I asked him to leave.

I was frightened and angry.

What happened then?

I remember how he looked at me.

As if he knew...
Even though I didn't.

He never came over again.

He sent cards for birthdays.

How is it humanly possible to
suddenly remember these things?

Things I never even
knew happened?

It could be a
protective reaction

to repress something that was...

overwhelming you

or it put you in danger.

Then you believe me?

Of course I believe you.

Oh, man, I missed it!

Okay, guys. Come on. Bed.

Give me the ball.

Come on. No... Give me the ball.

Darn it!

It's bedtime.

Oh, just one more.

Sica.

- Can we watch a cartoon?
- Come on.

- But there's no school tomorrow.
- You can look at picture books.

- Let's go.
- Eileen: In bed.

But it's still light out.

It's still bedtime.

Isn't anybody coming up?

Doesn't somebody always come up?

Hey.

Ahhh. You want
me to lift you up?

( Chuckles ) Come on.

I'll help you clean
up the dishes.

- Stay out a little while with me.
- I can't.

I have hours of work
to do before I go to bed.

I really do.

It's the only way I was
able to come home early.

You go on. I'll clean up.

Mommy?

Well, hello.

Oh, my sleepy boy.
How was your nap?

Fine.

How about some time with mom?

Like a book, maybe?

Okay.

Are you and Kristen
having fun, sica?

Kristen likes to
color too, mommy.

Well, that's nice. Huh, Kristen?

Okay.

"A."

Uh-huh.

"Apple."

Yeah. Have you
read this book before?

"Ant." that's an ant, yes.

Is there an uncle here?

( Screams )

Aaron: "B."

"Bubble."

Barry: That's so pretty.
What a beautiful family.

Eileen: Because it's yours, dad.

No, because it's yours.

Don't get too close.

I can't make you into a
movie star if you get too close.

Oh.

Alright, okay.

So we're gonna
go across the bridge

and then up the hill, okay?

Sica: Is there hills like
this ins Switzerland?

Oh, bigger. Bigger
hills. And much higher.

Really? How high?

Higher than this?

Oh, way higher, way higher.

With lots and lots of snow.

- You can make a snowman every day.
- Yay!

Dad, can we go throw
rocks at the frogs?

Well, the frogs are pretty fast.

You might not get 'em.

Just throw rocks.
Not at the frogs.

Okay!

Barry, come on. Take a shot.

Whoa, look at that one!
Come on, daddy, come on!

What are we doin'?

Sica: Up there!

Pretty neat, huh?

What you got on your face?

Sica: Mommy! Come on, mom!

Up! Up! There.

Dad, look at this!

Mommy!

Eileen! Are you all right?

You okay?

Oh, that was so dumb.

Sica: Did you skin your knees?

No. I don't even get
to wear a band-aid.

See? I'm fine.

I'm fine.

Come on, let's go.

Barry, when you do something new

and you don't know
how it's going to work out,

Does it scare you?

Why should it scare me?

Because you don't
know what can happen.

How do you know
you can handle it?

I just know.

- ( Gasps )
- What's wrong?

Ohh...

Eileen?

( Groaning )

Eileen, what is it? What is it?

- What is it? What's wrong?
- No...

Eileen!

No, no...

Daddy!

What's happening?

Aaah!

Eileen!

( Whimpering )

My god.

What happened?

Eileen, what did I do?

( Crying )

What's wrong?

Talk to me. What happened?

These...

These pictures...

Started coming back to me.

Pictures? What pictures?

Of me and my father.

When... when I
was a little girl.

There was a room.

My father let a man rape me.

He... he...

He what?

He let a man rape me.

Oh, my god.

Why... why didn't
you ever tell me?

I never remembered.

Until lately.

How old were you?

Eight or nine.

Ohh...

it's so real right now
I can feel the pain,

how helpless i...

No.

No, you're not helpless now.

And I'll take care of you.

You're not disgusted with me?

Oh, Eileen. You
didn't do anything.

There's more.

But I can't talk about it now.

It's okay.

It's okay.

Come on. Let's
get you back to bed.

No. You go.

No. I'm not leaving
you sitting here.

I won't.

I'll go downstairs
and... Make some tea.

No. Please. I need to be alone.

I'd like to kill your father.

Throw him in jail.

Make the son-of-a-bitch pay.

Eileen: Mother.

For once will you
really talk to me?

I remember beatings and
shouting and awful scenes.

What I don't remember is you.

I was the fat lady
in the muu-muu.

Do you remember once I was in
the tub with daddy and I yelled?

And you looked in, and then
you left and shut the door?

I don't remember
anything like that.

No?! You were
there, weren't you?

Oh, yes. For more years
than I care to remember.

Why didn't you protect me?

I didn't see anything
to protect you from.

I don't believe that.

I was struggling to
survive in those days.

You can't imagine
what my life was like.

You were my
mother. I was a child.

You were supposed
to take care of us.

I couldn't take care of myself.

I know that doesn't
change anything.

Except maybe whether or
not Susie nason was murdered.

Susie?

What has this got to with her?

Daddy killed her.

Oh, no.

I was there. I saw it.

Oh, dear god.

Why have you
come to me with this?

Because you're my
mother. And a lawyer.

I haven't helped you
much as a mother.

And you need a criminal lawyer.

You're not shocked, are you?

Mother, please...

Are you?

No.

No, I'm not shocked.

Have you told Barry?

How will you do that?

And how will I tell my husband?

He has no idea what
my first marriage was like.

- Mother...
- Are you going to go to the police with this?

I don't know.

I want to do the right thing.

I owe something
to Susie, don't I?

Don't I?

You didn't come just
to see the baby's room.

I want to tell you
some things about dad,

Some things I've
been remembering.

Look, I haven't
seen him for years.

Okay.

Then tell me what you remember
about when we were kids.

- You were the oldest.
- Not much.

I'm really very vague about
growing up until I left home.

Me, too. Why, Kate?
We are we all so vague?

What difference does it make?
That part of our lives is over.

Besides, we're both married now.

Don't turn away.

Whatever you're trying to do...

You leave me out of it.

Eileen: Somehow
he could control me.

But Susie would go home
and tell what he did to her.

He had to kill her.

Why didn't he kill you, too?

Sometimes I wish he had.

You're lying.

- Janice: Mom believed her, George.
- Well, sure. She hates him.

I don't. I loved him.

And I love you,
you're my only brother.

Then why are you
ganging up on him?

He doesn't stand a chance.

Did Susie?

Did you?

When he used to beat you till you
were black and blue, we stood up for you.

If... if this thing happened,

why didn't you tell right
away when you got home?

I don't know. I was too scared.

Unbelievable. He's our father.

Right.

So how come none
of us ever see him?

Haven't for years?

We don't talk about when we were
kids. Why not? Isn't that strange?

What's strange is you
and your sudden memory.

All these years and suddenly you
start making these crazy accusations.

I was there. I saw it.

This is sick.

It's true, Georgie.
I tried to stop it.

I didn't want to remember.

Look, I'm warning you.

Don't start anything
you can't control.

You're gonna mess
up everyone's life.

I don't want to mess
up everyone's life.

I don't know what to do.

Does Barry know?

Not about the murder.

About... some other things.

You, too?

Oh, Jannie.

Why didn't you ever tell
the things he did to you?

I couldn't.

I always thought that
you were the lucky one.

That it was different for you.

Barry: There you go.

Hold on, I'm gonna get Aaron.

Hold on.

Okay, buddy, it's your turn.

There we go.

How about on this big one here?

There you go.

Ride 'em, cowboy.

Aaron: Mommy, look at
me! I'm the lone ranger!

Barry.

I didn't tell you
everything the other night.

You mean about your dad.

And about Susie. She
was my closest friend.

He molested her, too?

Barry, he murdered her.

I saw him do it.

You... you actually...

You actually saw him kill her?

She was... Sitting
on, like, a little hill.

And she looked at me for
help, and I couldn't save her.

Uhh...

What made you
remember after all this time?

I don't know.

Sica, I think.

Lately she reminds
me so much of Susie.

Ohh.

We've gotta talk to the police.

They won't believe me.

He shouldn't be out there wandering
around free. He's a murderer.

Eileen, it's wrong to
withhold this information.

We've gotta call the d.A.'S
office as soon as we get home.

I don't want the
kids to ever know

the awful things their
grandfather did to me.

I'd feel so ashamed!

It's his shame. It's not yours.

Eileen, the man is a monster.

Sica: Monster? Here
comes a monster!

Come here.

Go on. Call them.

All right.

Here she is.

She's gonna talk
to you right now.

You tell us if
there's any evidence.

Barry: Here she is.

Eileen: It was in foster city.

Her name is Susan nason.

N-a-s-o-n.

And how old was Susan
when this happened?

Eight or nine.

Let me think just
a minute, okay?

It's my guess it
happened in the fall, in '69.

All right. Why don't you just go
ahead and tell us what happened?

Well, can't you just look
and see if something is there?

I don't have access
to the files right here.

Your husband said you
would give us the details.

Why did you tell
them I'd give details?

Not a lot, just enough to
put two and two together.

They're asking
specific questions!

Barry: Well, he needs something.

This was a major crime.

Are you listening
to all of this?

Ma'am, we're with you.

Why don't you just
give us a brief rundown?

We'll find the files and
see if they correspond.

How would that be?

Eileen: ( Sighs ) Fine.

Okay.

I was in the car with the
person who committed the crime.

Cop: This was in foster city?

Uh-huh.

We went to the woods...

This is really hard.

( Exhales )

After that, somehow he
took Susie out of the car.

She looked up at me for help.

I saw him raise his arms and...

I looked away, down at her hand.

And that's when I
saw the crushed ring.

Isn't that enough?

How did you come to be
in his car to begin with?

Um...

Because it was...
A person I knew.

Do you remember if it
was raining that day?

No. It... It wasn't
raining that day.

It was really...

It was a really
pleasant, nice day.

I probably should
have told you this.

I went to the police, too.

About Susie? When?

About seven years ago.

Why, Jannie?

I was talking to my roommate and I was
remembering the night that Susie disappeared.

And I remembered that
dad was acting so strange.

And you were so scared.

The police came, didn't they?

Yeah.

You didn't come down.
You stayed in your room.

I remember that, um,

when I came back
in to talk to them,

as I was walking
through the door...

Dad kicked me real
hard right in the back.

Do you think he was
trying to frighten you

So you wouldn't
tell them anything?

It's what I think now.

I remember that I went up to your
room and I got into bed with you

and you were...
Shivering and soaked.

When you went to the
police, what did they tell you?

Patted me on the head,
told me I should go home.

Oh, Jannie, they'll
never believe me, either.

No, no, it's different
for you. You were there.

Barry: Go ahead, Eileen.
Just call the d.A.'S office.

If they have nothing, at least
we've done the right thing.

Maybe I should have
asked Susie's parents.

Wouldn't you want
to know the truth?

To know that the person
responsible is finally put away?

The person responsible?
Barry, it's my father.

( Sighs )

( Touchtones beeping )

Cop #2: We were
waiting for you to call back.

Uh, we seldom get this excited

about a case.

You're not the person
I spoke with before.

Who is this?

Detective sergeant Robert Morse.

I'd like to interview you.

I live in L.A.

Could we come down this weekend?

Will you be wearing
your uniforms?

I don't want our neighbors seeing
police coming into the house.

Understood. No, we're...

We're plain-clothes detectives
and we'll be in a rented car.

I don't mean to
be rude, it's just...

I have this general
mistrust of police officers.

You're in good hands.

We're the guys
in the white hats.

Now...

Can you give me the
name of the suspect?

I have small children.
You're sure he won't know?

Well, not until we're positive
we can prosecute this case.

Do you know his
name and whereabouts?

It's, um...

George Franklin, sr.

He lives in the Sacramento area.

And your name?

Eileen Franklin-Lipsker.

Did you say Franklin?

Yes. It's my father.

( School bell rings )

Aaaaaah!

Mommy! Mommy!

Aaaah!

( Gasping )

Eileen, it's okay.
It's me, it's Barry.

Aaron: Mommy! Mommy!

Mom!

There's my boy.

Look at all the pretty
flowers we picked.

Eileen: Oh, they're beautiful.

Did you leave any outside?

( Kids chatter )

Okay, thank you.

Thank you.

Uh-huh.

( Laughing )

Things don't have
to look perfect.

They have to look right.

They'll be judging everything.

Making assumptions about me. Us.

Did you hear a car?

( Car doors slam )

I'm Eileen Lipsker.

Bob Morse.

This is Bryan Cassandro.

How are ya?

This is Jessica.

Sica.

I'm Aaron.

Hi, Aaron.

Barry Lipsker.

Barry.

Hi. How are ya?

Come on, kids, let's go.

- Have fun.
- Sica: Bye, mom.

Let's get you to grandma's.

I thought you weren't
gonna wear uniforms.

Is this more like it?

No, that's not right.

Here's the Van.

They were below me.

They were below you?

Yeah.

There was sort of a hill.

Is that important?

Can you remember any
inappropriate action by your father

around the time
of Susan's murder?

I...

I really distanced myself
from everyone after...

And yet you stayed
close to your father.

I think it was a way
of my staying safe...

To keep myself with him
and close to him, all the time.

Now, what about
your parents' marriage?

Would you call it good?

It was terrible. They
fought constantly.

Did he beat her?

Yes.

Does your father drink a lot?

Quite heavily.

Any drugs?

Pot, I think.

Besides the murder,

where there other
incidents of sexual abuse

with you or your siblings?

Can't we keep my brother
and sisters out of this?

( Timer dings ) Excuse me.

Eileen,

what do you think
of your father?

What do I think of him?

I don't know.

He must be very sick.

Barry: She loves him.

I don't get it,
but she still does.

He could have killed
me, too. But he didn't.

He didn't have to. He had you under
his thumb just the way he wanted.

What about the time
I had appendicitis?

He was the one who
took me to the hospital.

He held my hand when I
was afraid, he saved my life.

Then this is not a vendetta?

How could I want to
send my father to prison?

How? He was a drunk,

He was emotionally
and physically abusive.

Why do you all want
me to hate my father?

I was a funny-looking kid

with huge freckles
and buck teeth.

He told me I was beautiful

and I could be
whatever I wanted.

I loved him.

You know what I say?

I say lock him up and
throw away the key.

What happens now?

We arrest him.

You won't hurt him?

He'll have more protection
than you or Susan ever had.

Sica: Happy birthday, mommy!

Happy birthday! Here I come!

Oh, boy.

Where did you get
such a beautiful cake?

( Giggling ) You made it!

Yeah, but who helped
me with the frosting?

We did!

- ( Phone rings )
- Mommy, you have to make a wish.

( Ringing )

- Hello?
- Mommy...

Shh!

Yes, Mr. Morse.

Okay.

( Exhales ) It's done.

They've made the arrest.

Mommy, come on! Make a wish!

- They're using you!
- That's ridiculous, George.

The d.A. Is not using
me. They believe me.

You're tearing
this family apart!

George, you're wrong.

I didn't do this to
the family, dad did.

- ( Click )
- George?

Sweetheart.

What?

Oh, god.

What if the kids hear something at
school? How do we protect them?

You tell the truth.

You saw a man do something bad.

You have to go to
court and tell your story...

That's how we protect them.

Morse: You should have seen the
stuff we found in Franklin's apartment.

The pornographic magazines,

and the pictures
of little children.

It'd be great if we
could get the jury

- to just look at that stuff.
- But they can't.

So the guy's a pervert...
Doesn't make him a murderer.

I'd give anything to get
Franklin on the stand.

Horngrad would never risk that.

If Eileen's not a reliable
witness, we got no case.

This is emotional stuff.

She could fall apart on us.

Have you done a rap sheet on me

and found out all the
secrets in my past?

This is Eileen.

Good morning, Eileen.

Yes, we have.

I'm Elaine tipton. Come in.

You know everything about
me and I know nothing about you.

- Morse: Have a seat.
- Thanks.

Elaine is prosecuting the case.

Wait a minute. I
spoke with Mr. Murray.

Mr. Murray has another
trial. There's a time conflict.

You promised you
wouldn't do this...

Hand me around
to different people.

It would have meant a delay,
and that could have hurt the case.

And your chances of winning.

My brother thinks you're using
this to promote your careers.

I know that. I talked to him.

He's testifying for the defense.

This lady walks on
water. You can trust her.

You told me I could trust you.

Susie is not just
another case to me.

If you don't trust that, then
we will wait for Mr. Murray.

Do you mean I
really have a choice?

Of course you have a choice.

You're our key witness.

( Sighs ) I don't
mean to be difficult.

Oh, no, you're right
to ask questions.

Eileen, we'll all on
the same side here...

Your side.

I've been thinking
about Susie's parents,

When I could see them.

You can't.

It might appear that you colluded
with them. We can't risk that.

Yeah, you can't make
any statements to the press.

In fact, you can't discuss
the case with anybody.

No reading newspapers,
no watching television,

and the only time you
go to the courtroom

- is when you testify.
- Why?

I want to hear the
other witnesses.

We can't let the defense say that
you got information about the murder

- Any way except from having been there.
- And no therapists.

( Groans ) That means
with my family away,

- I'll have no one.
- You'll have us.

Nobody is going to believe
that if you saw a therapist

- you didn't talk about the trial.
- ( Knocking )

And if they do subpoena your
therapist about your... thank you...

About your past treatment,

we can always request
that that information

remain confidential.

Thanks.

I don't have anything to hide.

Are we finished?

Unless you've got
some more questions.

I would like to see my father.

I've already called the jail.

Is that something I should
have asked permission to do?

Whether you see him or
not is entirely up to you.

When I arrested him,
the first thing he said was,

"have you talked
to my daughter?"

So maybe he'll confess and
save the state a lot of money.

( Door opens, closes )

( Laughing )

Daddy!

Is it really you?

Yeah. It is.

It's been a long time.

At least four years.

You've changed.

This is real difficult for me.

I have some things
I need to say to you.

I'm really proud of the
person I've become.

You gave me so many things...

You encouraged me to learn

and better myself

And speak my mind.

So that's what I'm doing.

Daddy, I don't hate you.

All those things you taught
me when I was a child,

that the truth
shall set you free,

I think you meant
that for both of us.

And I think you should
tell the truth now.

Is there anything
I can do for you?

There's one thing,

One thing that only you can do.

Anything else.

Yeah.

Come visit me again.

When I first heard this,

I felt as if a bomb had
been dropped on me

and I'd never sort
out the wreckage.

George is going to
testify for the defense.

I wasn't sure you knew.

They blame me for
wrecking the family.

Do you?

I talked with
Elaine tipton today.

I'm gonna testify
for the prosecution

and do all I can to support you.

What?

Thanks, mom.

I believe you were there.

And I'm sorry, because I
know how much you love him.

I went to see him...

Don't tell me.

We have to be careful. We're
not allowed to talk about it.

Right.

You're the lawyer.

At least your mother's
standing up for you this time.

Maybe this will bring
your family closer together.

Sure, if they'll ever
speak to me again.

If not, your father
didn't deny it, did he?

I think he was proud of me.

Proud?

Eileen, how can you still care
what that man thinks of you?

( Unrolls packing tape )

What I'm doing is
very hard for me, Barry.

A child shouldn't put
her parent in prison.

I just want to shut the
door and start over again!

This is crazy. What am I doing?

I can't leave you alone,
not at a time like this.

( Sighs )

One of us has to be
with Aaron and sica.

I'll settle them in and
then I'll come right back.

They can't start a new school in
a strange place without one of us.

At least I know that
they'll be away from all this.

I should be here for you.

I can do it alone. You know why?

Because my terrible
father taught me

That I'm strong enough
to handle anything.

Crazy, huh?

But I can do it.

I wish you were
coming with us, mommy.

Oh... soon.

As soon as I can.

Will you be safe
from the bad man?

Ohh... He can't
hurt me. Not now.

I love you.

I love you, too.

Come on, guys.

I'll miss you!

- Bye, mom!
- Have a good time.

Hey, we're gonna get
through this, whatever happens.

I know.

I'll call you every night. We'll
have a zillion-dollar phone bill.

( Chuckles )

You promise me you'll call
my parents if you need anything.

And prom... ( Choking up )

Oh, Barry.

I miss my wife, Eileen,
I miss her very much.

For you and the kids.
It's a going-away present.

But wait to open it till
you get home, okay?

Have a good flight.

Call me when you get
there so I know you're safe.

( Car starts )

Bye! I love you!

Sica: Bye, mom! I love you!

Love you! Bye!

Will I like Dr. Terr?

I think so.

Good.

Will she decide
whether I'm normal?

( Laughs )

I don't know. Probably.

She's an expert in
childhood trauma.

So we need her opinion to see
how your repressed memory fits.

Which means: Is it
real or did I make it up?

You said your mother had
breakdowns. How old were you?

The first time maybe six.

And did anyone ever
explain them to you?

My father said it was
what us kids did to her.

And during this...
The difficult times,

Did you ever speak
in another voice?

Another voice? ( Laughs )

No, of course not.

I'm just above-average strange.

What about being invisible?

Yes.

I thought...

if I could go into dark
places and curl up so small,

they wouldn't know I was there.

I hid in closets for years.

And what did you
do in the closet?

Sat. Waited. Thought.

Tell me about your father.

I thought he was...

The most handsome,
wonderful man.

We had fun.

What did you and your father
do that was so much fun?

Cuddle. Play.

Had adventures.

Tickled each other all over.

Until we got to
laughing so hard...

I realize now it
was inappropriate.

Was it during one of these
times that he molested you?

I'm not sure.

He was sitting on
the couch, and...

( Sighs )

He...

Reached under my dress. And...

And made digital penetration?

( Exhales )

It's very comfortable here.

Good place to hide?

No. A good place to be quiet.

Wasn't it ever
quiet in your house?

I still hear the
noise in my head.

Did you ever wonder
about your friends' homes?

I thought everyone was the same.

I mean, even the
Brady bunch on TV?

I figured when the dad closed
the door he beat everyone up.

Want to get some coffee?

Oh, look. Come on.

Help me pick out
something for my kids.

We've gotta talk.

Why does that scare me?
How about the green sweatshirt?

At first when we ran a background
check on you it was clean.

But then we looked again.

The blue print dress?

( Sighs ) I was very young.

I had gotten into drugs.

Look at that
well-dressed, together lady.

Would you believe that she could
have been arrested for prostitution?

It's not admissible in court,

but we can't control what
some reporter might find out

And make public.

Would that make your
key witness less credible?

No, no. According to the
psychiatrist that we have checked with,

it seems that this
is a behavior pattern

That a lot of sexually abused
children follow when they grow up.

Try explaining behavior patterns
to my 7-year-old daughter.

How do you
explain it to yourself?

If everybody finds out, do
you think they'll still let me

Be the brownie
leader for my kids?

I listened to the transcript.

Undercover cop got lucky.

The escort service
said I'd be a natural.

How did I know I'd
get a date with a cop?

He was wired, he said
he didn't have your price.

When you asked
him what he did have,

You told him to keep twenty
so he wouldn't be broke.

I guess I wasn't
cut out for the job.

Now you know why I don't
trust the guys in the white hats.

Well, I was hoping
we could change that.

You think he ever wonders what
happened to that kid he busted?

Maybe he hopes that
he stopped you in time.

You say that because
you only see the downside.

What other side is there?

For me? I was in charge.

If I didn't like the
terms, I said no.

That was a luxury I
didn't have as a child.

We loved your present.

I just made it for
breakfast for the kids.

Eileen: When I'm
there I'll cook up a feast.

- Did you get the kids settled in school?
- Don't worry.

Sica already has a friend,

And Aaron's discovered
the cows next door.

So if you need me...

I'm fine.

Just don't let the
kids forget me.

You can't believe how empty
this place feels without you.

Oh, yes I can.

This must have been
where he parked the Van.

I'm gonna ask her to
testify about the rape.

In open court?

Do you know what
that would cost her?

This whole case depends
on proving repressed memory.

According to Dr. Terr,

traumatic repression
is substantiated

by repeated
violence in childhood.

I'm not sure she
can get through it.

The amount of time
I've spent with her

poring over this case,
seems to me she can.

Now, whether
she'll agree to it...

Eileen.

We have something
very difficult to ask of you.

Besides turning my
life upside-down?

Sure, go ahead.

We're gonna have to include
the rape testimony in the trial.

No. I will not sit up there
and have all those strangers

hear what my father did to me.

That's not fair. It's
not their business.

This was not a casual decision.

Then ask him about it. Have
him tell you. I'm not the murderer.

He is not going to testify.

So I get to tear myself apart?

Have the world see
me as damaged goods?

I'm already risking them finding out
about my past... what do you guys want?

For you to be able to
stop hiding in closets.

I like closets.

Eileen, if it would help,

why don't you try telling
it to us, to me, now?

Just to get it out.

No.

You prove it.

Haven't I been
ripped open enough?

I am here to support
you in every way.

But I cannot get on
that stand for you.

It's your words the jury has to
hear, your pain they have to feel,

your courage they have to see.

Look, please, just...

Just sit down and
try it with me once.

Okay?

( Wearily) Okay.

Okay. If you need me,
I'll have my beeper on.

( Clears throat )

I used to get stomach aches...

and they'd keep me
home from school.

So I'd go spend
the day with my dad.

But if you were too
sick to go to school,

how could you go
out with your dad?

I don't know.

Was this his idea?

Yes.

He used to moonlight
from his job as a fireman,

Paint houses and
apartments and things.

One day we...

We went up to San Francisco,

To some empty apartment.

Can you describe the apartment?

( Laughing )

- ( Gasping )
- Eileen?

I have to... I have to go.

What's happening?
Eileen! Please, wait!

( Door slams )

( Children chattering )

You're still here. You
knew I'd be back, didn't you?

Come on.

Have a seat.

Hungry?

The floors were
bare and... Cold.

Hardwood.

There were windows. No drapes.

Did I say that?

No.

There was a
stereo. Cans of beer.

Who was there?

My dad...

And a man.

Do you know who he was?

That's what I remembered.

They were acting kind of crazy.

I think they were doing drugs.

And they acted
crazier and crazier.

And then my father held
me down on this table.

He held my shoulder.

His other hand
was over my mouth.

And he...

He le... let this man rape me.

Tipton: Can you identify

the man?

It was Sam Gerard.

I'm sorry. Could the
witness please speak up?

Sam Gerard.

And how did you know his name?

He's my godfather.

( Spectators murmur )

What happened afterward?

They left me there.

I don't know where they went.

I just... Waited.

And then what did you do?

When I could sit up...

I put on my shoes and socks

And I went to find my
dad so I could go home.

The court will take
a 20-minute recess.

You will all remember not
to discuss the proceedings

among yourselves
or with anyone else.

( Strikes gavel )

( Whispering )

( Whispering )

Relax.

You did well up there.

Here, sit down.

I could hear the
newspeople scribbling

Every time I said anything.

Yeah, well...

pretend you're
in Elaine's office

and just breathe easy.

( Exhales )

it's like being
violated all over again

with all those strange people...

I'm not going to let
them see me cry again.

It's the only private
thing I've got left.

Woman: This is channel 5 news.

Today in the
courtroom, shocking...

Any comments?

Does your client got a comment?

Eileen: This is Susie nason.

And this is my daughter.

Thank you.

Can you see a resemblance
between your daughter

- and Susie nason?
- Very much so.

They're both blond,
blue-eyed little girls.

And it was while you were
looking at your daughter

That you had your first
memory of the murder?

Yes.

I was holding my son Aaron,

and sica... Jessica...

Was below me,
playing with a friend.

She looked up at me...

Her eyes are bright
blue, just like Susie's...

And suddenly I saw Susie's face.

How did Susie come to be with
you on the day of her disappearance?

I was with my dad in his Van.

On the board beside you there's a
photo of a Van. Is that the same Van?

You can get up and
take a closer look.

Yes.

We were driving around,

and we saw Susie across
the street from her house

In front of a wide open field.

I was excited,

And I asked him if
she could come with us.

So we picked her up.

And where did you go?

Toward a wooded place.

Now I think it must
have been half moon bay.

There was a
mattress in the back,

And we were... Rolling
around and playing.

What happened after your
father stopped the Van?

We were bouncing on the bed...

And playing.

I remember I looked out

and I saw him standing outside,

drinking a beer

And, I think,
smoking a cigarette.

The side door was open.

And he... my father...

Was standing there,
blocking out the sun.

And then I remember
him getting into the Van.

And what did he do
when he got in the Van?

He... started playing with us.

Did you remain in
the back of the Van

- while he was playing with you and Susie?
- At first.

And then I...

Walked up between
the two front seats,

and I got onto the
passenger seat

and I turned around and put
my hands on the back of the seat.

Will you please describe
for us what you saw?

Susie's knees bent,

her... skirt up,

something white...

Ohh, this is hard...

Um...

My father...

Did he have his trousers on?

Yes, I'm pretty sure he did.

He was holding her arms
up against the mattress,

And I slid down on the floor.

Eileen,

what, if any, noise or sound

did you hear Susie make?

I think she... I think she said,

"stop! No!

No, don't!"

May I have some water, please?

Tipton: Go ahead, Eileen.

Susie looked up, and
we made eye contact.

And i... i think I screamed
when I saw my father.

Could you describe what
your father was doing?

He had his arms up...

He was holding a rock.

Then he hit her
on the head with it.

And I heard...

I'm sorry.

Um...

a terrible blow.

Then I heard it again.

Could you describe what you saw?

( Door closes )

she was...

She was slumped over.

There was blood.

A lot of blood.

Something whitish.

Clumps of hair,
not... On her head.

It was so frightening
I turned away.

Then I looked at her hand.

It was crushed.

I somehow focused on the ring.

It was silver.

Then I stared at it.

Then what did you do?

I ran.

What did your father do?

He came after me,
pulled me down,

and held my face in the leaves,

I guess to stop me screaming.

And did you stop screaming?

I must have...

Because I was on his knee, and
he was holding me and telling me...

That I had to forget
it and that it was over.

Like really softly
and comforting...

It was over.

What did he say to you to
make sure you'd keep his secret?

That if I told, they
wouldn't believe me.

They'd think I was crazy

And put me away like
they did my mother.

That scared me.

Then he said
they'd blame it on me

because it was my idea,

I was the one who saw Susie
and wanted her to come with us.

If it hadn't have been for me,
she wouldn't have been there.

Then what did he say?

He said...

If I told, he'd have
to kill me, too.

Eileen, what were you doing
while he was telling you this?

I was sitting on his knee,
and I think I was crying.

Eileen, what were your
dreams when you were a child?

I didn't dream.

Dreams of the future?
Of when you were grown?

I didn't think I'd
have a future.

What did you think?

That I'd be killed.

( Cable car bell rings )

Hi, mommy.

I miss you a lot.

Guess what? A
couple of days ago,

Me and Aaron drew pictures
of our house in Switzerland.

See? This is mine.

There's the house, and
these are the mountains.

And that's the
car, and that's me.

See?

And Aaron made a picture, too.

Show her your picture.

Hi, mommy! Look at my picture!

Guess what we get to eat?

Barry: Let's make
mommy really jealous

And tell her what we get to eat.

All: Swiss chocolate!

Mmm!

For today, a
possibility of testimony

from other family members...

On the occasion that
you visited your sister,

Did you spend any time
discussing your family with her?

Yes.

And did the topic of
dysfunctional families come up?

Yes. She was
disparaging my parents.

Our parents.

Lipton: Isn't it true
that you told Eileen

that if she came forward

it would make it impossible
for your child to grow up

without a cloud over his head?

No, I never said that.

What I told Eileen was that
she and Barry are adults,

and they have to do
what they think is right.

Thank you.

You're welcome.

How's it been seeing
your father in court?

Some days I can't even
stand to look at him.

And then I'm eight
years old again

And all I want is for
him not to be mad.

Did you reach Bob?

I left his beeper
number in my office.

- I'll have to call him when I get up there.
- Make it up.

The worst that could happen is that
you've paged some gorgeous doctor

and your life
would be wonderful.

( Laughs ) My life is wonderful.

Well, you know what I mean.

It would never occur to me to
say to you you should get a career,

Then your life's
gonna be wonderful.

But you'd be right, it would be.

I'd love to have a career
after the kids are older.

Your mother became a
lawyer after two breakdowns,

five kids and an
abusive marriage.

I mean, she just
changed her whole future.

Just once I wish she'd
say she was sorry.

Just once.

Could you forgive her then?

You're not the only one
your father hurt and betrayed.

Why is it up to me?

I guess it's up to whoever
has the strength to do it.

My bet's on you.

Some days I wake up scared.

And other days I
wake up and feel...

Free?

Tipton: To your knowledge,

Has Kate ever encouraged
Eileen to disclose this information?

Objection. Asked and answered.

Relevance.

Overruled.

No, she's not.

She has been adamantly
opposed to Eileen

ever since Eileen
disclosed the facts to her.

Thank you. Nothing further.

( Camera shutters click )

You obeyed your father
and didn't tell for 20 years.

Is that correct?

I didn't remember it.

Did you forget it immediately?

On the way home?
The next day? When?

I don't remember.

On the way home I thought...

We shouldn't leave her,
she'll be cold and frightened.

But you knew she was dead.

I did.

But I don't know if I knew
what dead was at the age.

Did the police come to
your house that night?

I remember hearing sounds,

doors opening, voices,

but I stayed in my room.

You were her best friend,

and you didn't
talk to the police.

Objection. Misleading.

Sustained.

During the period that
this memory came to you,

Had you already remembered
the incidents of sexual abuse?

I had some memories
before the murder.

Others came after.

Would you describe your
thoughts about your father

during this period as "angry"?

Objection as to relevance.

Bias. Motive. State
of mind is critical.

Sustained.

Pardon me a moment, counsel.

It is clear that she
has cause to be angry,

But after all, she is
accusing her father of murder.

She is the primary
witness against...

- I will sustain the objection.
- Thank you.

Mrs. Lipsker, did
you initially testify

that this event happened
on the way to school?

That's what I
thought at first, yes.

And now you say your dad
picked Susan up in the afternoon.

I came to realize
it was afternoon.

It was your realization,

not hearing on TV or reading

that the disappearance
occurred in the afternoon?

I have been instructed not to
watch TV or read the papers.

Your honor, may we
approach the bench?

My theory is that this witness

has changed and
expanded her story

to conform to the facts
she has read or seen on TV.

She's been instructed not to

and has testified
to that under oath.

I would like to submit to the
jury a list of case evidence

That's publicly available.

I'm not sure that's proper.
I'd have to consider it.

I object, your honor.

There is also a lot of
wrong information available.

Eileen has never picked
anything that was incorrect.

That's a very good
point, counselor.

Mr. Horngrad, you may
follow your line of questioning,

but may not submit
a list into evidence.

- Thank you, your honor.
- Thank you, your honor.

You testified that you saw...

"Clutter"... was that your word?

Yes.

When was the first time

That you remembered
that you saw clutter?

Because it was not in
your original statement.

When I was talking
to Elaine tipton.

She asked me what else I saw,

if I looked around.

I did look beyond
Susan's head and hand

and saw clutter.

And you never
read in the paper...

That Susan's body was
found in a dump site?

No, I did not.

It's too bad there are no
other witnesses but you

To corroborate this story.

But there was another witness.

Who?

My father.

You're not a child anymore.
You could take care of yourself.

I know that now.

I need to get back
to Barry and the kids.

I need to start over again
and put all this behind me.

You will.

Listen, that little girl that
hid herself in the closet,

she's not afraid of
the dark, trust me.

I do.

I couldn't have gotten
through this without you.

What is this?

Ha ha!

The white hat. Ha.

( Drawls ) Well,
thank you, ma'am.

Mah pleasure.

Ladies and gentlemen,

you only have to
decide one thing:

whether or not
George Franklin, sr.,

Did or did not kill Susie nason.

This is a heartbreaking story...

about three little girls,

their lives entwined
by the criminal act

of George Franklin, sr.

Susie died...

Because she
trusted the defendant.

Eileen survived by
burying the memory

and her childhood.

Jessica brought
them back together.

The road to this moment
travels through memory

over 20 years,

and it follows a
trail stark, sorrowful,

and as straightforward
as a desert highway.

Eileen: On Friday,
November 30th, 1990,

after only eight
hours of deliberation,

the jury found my father,
George Franklin, sr.,

Guilty of first-degree murder.

He was sentenced
to life imprisonment.