Recommendation for Mercy (1975) - full transcript
Inspired by true events, a 14 year-old boy is accused of raping and murdering a little girl.
(birds chirping)
(bush rustling)
(ominous music)
(gunshot fires)
(upbeat lively music)
(birds chirping)
(bike wheels spinning)
(John groaning)
(metal clanging)
(upbeat music)
[Frank] Full of shit,
I mean here you are
supposed to be one of the
big heels around school,
and you tell us you've never been laid?
Hey, Frank, you sure, huh?
I mean, you've really done it?
What?
Fucked a girl?
Yeah.
Sure I have.
Listen, don't forget I'm the
world's greatest hypnotist,
which gives me advantage
over you poor slobs.
If I really want a girl, all
I have to do is catch her eye.
You're early.
I told Mrs. Johnson, my
parents wanted me home early.
Just wanted to leave already.
What's the matter?
Nothing.
Well, are you gonna take me for a ride?
Sure.
(car engine revving)
♪ Now the memory's still there ♪
(bird squawking)
♪ Sunlight streaming
through far and through ♪
I'm going to prove to you mere mortals
that even Brucey here can learn the trick.
I'll teach you through hypnosis
since you're probably too
stupid to learn any other.
(John laughing)
Close your eyes.
That's right, close them.
Empty your mind.
Float in the air like a feather.
(John laughing)
Drifting.
Come on Frank, it
don't feel any different.
Silence.
The master commands it.
Close your eyes.
You're drifting,
(kick thudding)
Floating in the air like a feather.
Falling.
Falling.
Falling.
And now,
(kick thudding)
We're going to learn
how to feel a great sensation.
(Bruce screaming)
(romantic music)
Could hardly believe it,
you should have seen him.
He just stood there.
Can't you just see it?
There he is with his eyes closed
standing right at the edge.
Deserved it for being so stupid.
I'm telling him, "You're falling, falling.
Come on, watch the movie, Frank.
[Frank] Hey, Nora.
- [Anne] What?
- Give John a kiss?
You crazy?
No.
Hey John, wanna feel?
Bugger off.
Shh.
Okay, now him.
Come on, I'm not kidding, do it.
Nora, kiss him.
Shh!
Not bad, eh?
(telephone ringing)
Hello.
Hi John, this is Nora.
[John] Oh, hi Nora.
- How are you?
- Oh, fine.
I was wondering, well, you
know the Lennon's place, eh?
Sure.
Well, his cows are calving
and it's really neat to see the calves,
I mean, when they're just born.
[John] Yeah.
So would you like to go
over with me and see 'em,
say Wednesday night after supper?
No, no, I couldn't then.
You see, we've gotta
practice for a track meet.
I've really gotta be there.
Oh, it wouldn't hurt
to miss one, would it?
You always win anyway.
Well, I really should go.
Now, John Robinson don't
you play hard to get.
Seven o'clock and don't be late.
No, Nora, I'm serious.
I'm not sure if I can make it.
[Nora] How come?
[John] Yeah.
Actually-
- [Frank] Come on, give it to me.
[John]...kind of
planning something else.
[Frank] Prick.
Oh wow.
Wow, can you see?
[John] Come on Frank, give me. Come on.
(clock chiming)
[Nora] John?
John, are you there?
Yeah, yeah, sure Nora.
Look, I'll see you tomorrow at school.
We'll talk about it then.
(camera clicking)
(Bruce gasping)
(John panting)
Come on, Frank, come on.
You got no business with it.
Give it here, it's mine.
[Frank] Hoo wee!
[Bruce] Frank, you bastard, give me it.
[Frank] Wow, look at those tits.
Where'd you get this stuff Brucey?
You steal it from your father?
Nevermind where I gotta
it, just hand it over.
Gee, Brucey, think
a growing boy like you
should be looking at stuff like this?
I had it hid you prick.
You've been going through my stuff.
Stuff like this just ain't no good
for a growing boy like you.
I think I better rip it up.
Bastard!
Bastard!
Come on fat boy, let's
see you throw a rock.
Want your dirty pictures back?
Huh?
(punches landing)
- [Bruce] Stop, stop.
- (Bruce groaning)
You little prick.
Stop Frank.
(Bruce grunting)
Stop!
Help, help!
Stop!
(Bruce groaning)
Help, help!
Stop!
Get off him.
You're supposed to be my friend.
You just stood there and watch.
Brucey, I just got here.
I just got here, too late to do anything.
Brucey.
Bastards, just wait.
- Brucey.
- Just wait and see.
He thinks I just stood here
and let you do that to him.
What do you care what
that little fart thinks?
Oh yeah, you're really big
with the little guys, eh?
Any time big mouth.
Yeah, you wait.
Brucey!
Brucey!
(gentle chime music)
(both giggling)
(gears winding)
Fran, John really likes
you lot, doesn't he?
Yeah, I guess so.
Do you like him?
He's all right, I suppose.
What do you mean "He's
all right, you suppose?”
Well, he's a nice guy and
all that, but that's it.
Fran, you still a Virgin?
What do you wanna know that for?
Just curious.
Maybe, maybe not.
Are you?
Maybe, maybe not.
(both giggling)
Did you or didn't you?
Yeah.
What was it like?
Was it fun?
Yeah.
(both laughing)
What about you?
Oh yeah, I did.
Well, did you like it?
Sure, it was great.
(both laughing)
(gentle chime music)
Hi John.
Well, today's the day.
It's Thursday, remember
you said you'd go with me
to the Lennon's place.
Well look Nora, I forgot.
I can't go, honest.
You know,
if you think you're gonna
go somewhere with Fran,
you can just forget it.
You don't have to look so surprised,
I'm not stupid, you know?
Anyway, she's got a boyfriend,
so you just forget it.
He's not really her boyfriend.
She just drives around in
his car once in a while.
Huh, so I was right.
Well, she's probably out with him tonight.
So you're stuck with me.
(horseshoe clanging)
What about, Frank?
We broke up.
Beside he doesn't care anyway.
Yeah, that's what he says.
Scared?
No.
Why should I be scared of Frank?
[Nora] You better just
stop playing hard to get.
I just might give up trying.
[John] Come on, Nora.
Get off.
[Nora] Come on John, let go, come on.
Promise to stop fooling, then?
Yeah, come on.
Come on, promise.
Okay, okay, I promise.
You sure, huh?
Yeah.
(John laughs)
(romantic music)
[Nora] See you at
Lennon's bush, after supper.
Bye John.
- Hit her.
- I'll hit her.
Yay, that's okay.
Come on, let's go.
Come on hurry, hurry up.
- [Kid] You hit her?
- [Kid 2] Yeah, she did.
Come on hit it.
Hit the ball.
Catch it, catch it.
(owl hooting)
(kids chattering)
(upbeat music)
[Kid] Hit her.
[John] Hi.
[Fran] Hi John.
[John] Hi.
[Fran] You wanna go through the ponies?
Sure.
[Kid] Hit her.
[Nora] Hey George.
[George] Yeah?
[Nora] George, have you seen John?
[George] What do you wanna know for?
[Nora] I said, have you seen him?
[George] Nah.
Have you seen him?
Nah, he hasn't been here since I came.
[George] Hey, what's the
matter Nora get stood up?
What's the matter Nora get stood up?
What's the matter Nora get stood up?
What's the matter Nora get stood up?
Hurry home, Billy.
(birds chirping)
(water splashing)
Johnny, are you up there?
John!
(gun shot fires)
(suspenseful music)
[Vic] Hey!
(car engine revs)
(calm music)
Come in son.
Your name is John Robinson.
- Yes, sir.
- Sit down here, John.
This is Sergeant Henderson.
John, we're hoping you can
explain a few things for us.
You mean about Fran Bailey?
That's right, John.
We came down here today to
talk to some of the kids here
to see if they could help us.
We're trying to figure out
where she might have gone last night.
Now some of them seem to think
that you might have seen her.
Is there anything you can
tell us that might help?
Well, yeah, I saw Fran last night.
I gave her a drive up to the highway.
Where'd you meet her John?
Right here at the school.
[Vic] And then where did you go?
Now, try to remember exactly.
Well, we both got on my bike
and we went all the way up the road here
to Highway number nine, that's all.
[Vic] Why'd she wanna go up there?
Is she tending?
Well, yeah, she said she
wanted to see the ponies.
Now let's see now, that
road goes past a farm,
the Lennon farm, I believe,
then passed some woods in the property
and further on crosses the bridge
and right onto the highway.
Yeah, that's right.
[Henderson] Did you
stop anywhere on the way?
No, she was in a hurry.
[Vic] Did you see Fran Bailey?
No, but-
- [Vic] Did you see John Robinson?
Yes, sir.
[Vic] Where did you see John?
He was on his bike past the
bridge, going to Highway 9.
Where exactly?
I saw on her the crossbar
John's bike, past the bridge,
going up to Highway number 9.
(dramatic music)
(dog barking)
(indistinct chatter)
That scrub.
I got it, I got it!
(dogs barking)
(indistinct chatter)
(dramatic music)
Frank, wait for me!
(helicopter whirring)
Where do you want that
helicopter to come down?
Tell him to put it on the bald spot,
on top of that hill up there.
(indistinct chatter)
Over here!
Over here!
She's been found, over here!
There she is, over here!
Over here!
Over here!
Over here!
Over here!
Over here!
(helicopter whirring)
Over here!
Over here, she's been found.
My God.
[Search Member] Oh my God.
(suspenseful music)
[Priest] Now the sweet
child's life is over.
Now the foreign days are passed.
(engine roaring)
And prevail to long the peace.
Christ the Lord shall guard her well.
He who died for her sins.
[All] Earth to earth and dust to dust.
Calmly now the words we say,
left behind we wait in trust
for the resurrection day.
The Lord is my shepherd
I shall not want.
[Congregation] The Lord
is my shepherd I shall want.
He maketh me to lie
down in green pastures.
(dramatic music)
[Congregation] He maketh me
to lie down in green pastures.
He leadeth me beside the still waters.
[Congregation] He leadeth
me beside the still waters.
[Priest] He restoreth my soul.
[Congregation] He restoreth my soul.
[Priest] He leadeth me in
the path of righteousness
for his name sake.
[Congregation] He leadeth me
in the path of righteousness,
for his name sake.
[Priest] Yay thou I
walk through the valley
of the shadow of death.
[Congregation] Yay thou
I walk through the valley
of the shadow of death.
[Priest] I will fear no evil.
[Congregation] I will fear no evil.
[Priest] For thou art the kingdom.
[Congregation] For thou art the kingdom.
[Priest] Thy rod and
thy staff they comfort me.
[Congregation] Thy rod and
thy staff they comfort me.
[Priest] Thou preaperest
the table before me
in the presence of mine enemies.
[Congregation] Thou
preaperest the table before me
in the presence of mine enemies.
[Priest] Thou anointeth
my head with oil.
[Congregation] Thou
anointeth my head with oil.
[Priest] My cup runneth over.
[Congregation] My cup runneth over.
[Priest] Surely goodness and mercy
shall follow me all the days of my life.
[Congregation] Surely goodness and mercy
shall follow me all the days of my life.
[Priest] And I will dwell
in the house of the Lord forever.
[Congregation] And I will dwell
in the house of the Lord forever.
[Cameraman] Hold it.
[Priest] His great
goodness to take unto himself
the soul of this young child.
Turn to the left.
Hold it.
[Priest] Dearly
beloved Francesca Bailey.
Therefore commit her-
- [Cameraman] Turn to the right.
Hold it.
[Priest] Earth to Earth,
ashes to ashes, dust to dust.
Assurance certain hope of
resurrection to eternal life
of our Lord Jesus Christ.
Amen.
(somber music)
(typer clicking)
Obvious scratch and burn
marks to the right and left knee
in the vertical direction.
Superficial puncturing.
Apparently some sort of brush
burns fairly well healed over,
therefore no less than
two days old, maybe three.
Scratches of about the same
age to the palms of both hands.
Similar scratches and burn marks
to the underside of the forearms.
Step down, son.
Recent cut to the left shoulder.
Again the state of healing
estimated at two or three days.
Just relax, son.
Redning to both sides of the penis.
Quite sore.
Degree of swelling.
Laceration about one inch in length,
along the left side of the shaft.
No bleeding.
Scab recently formed.
Again, same age as other wounds.
Approximately three days.
[Vic] You were on
your bike to the highway
and that was the last you saw her.
[John] Yeah, that's right.
Well, John, that means you
went by the Lennon place,
by the woods, over the bridge
all the way to the highway
without stopping at all, that right?
- Yes.
- That can't be true.
It is true.
But you said the last place
you saw her was at the bridge.
Now that's almost a quarter
mile from the highway.
Yeah, that's right,
man, from the bridge.
I rode back from the highway.
When I got to the bridge, I looked back.
Fran was just getting into a car.
It was a 65 Mustang.
It had orange license plates.
John, there were kids
swimming in the river
under the bridge.
Isn't it strange, none of
them remember seeing it.
There was just George and little Jerry.
I remember George saw
me, he even waved at me.
We questioned George,
he said he wasn't there
and he didn't see you.
He was there, it was him.
John, you didn't go up to the highway,
you didn't even get to the bridge.
You turned off into the woods
with Fran, now didn't you.
No, she wouldn't let me.
I told you she was in a hurry.
John, it's over a mile from
the school to the highway.
Now that's a long way to take
someone on your crossbar.
You must have stopped or rest some place.
Come on, you might as well admit that.
No, I told you already,
she wouldn't let me,
she was in a hurry.
Look, you were seen
leaving the school yard.
Mrs. Caruthers saw you on the
road just before the Bush.
Billy Anderson, wasn't a
hundred yards behind her
and he didn't see you.
He didn't see you because
you turned in the bush
with Fran, now didn't you?
He did, he must have.
Did you see him?
Well, yeah, he wasn't
even looking at us.
Look, he's not even eight.
He forgets.
Nevermind trying to
psychoanalyze Billy Anderson,
whether he is eight or
whether he forgets or what,
first was a bridge, then was the highway,
then you said she wouldn't let
you, then she was in a hurry.
Make up your mind, John.
- What story?
- I you already!
I took her to the highway,
and then I saw her last at the bridge.
Come on, John you stopped,
you turned into the highway,
you got hots for her, she
laid down in the woods and-
- No, no, I didn't take
Fran into the Bush.
I wouldn't hurt Fran, I told you.
You liked Fran, didn't you?
Oh yeah.
You ever kissed anybody?
Yeah.
Kiss a girl, you
kissed Fran, didn't you?
No.
You went in the woods,
you start kissing her.
Next thing you know, you didn't
know what you were doing.
No, I didn't-
- Why don't you admit it!
I didn't kiss Fran.
No, I wouldn't.
Don't provide different story.
You ever kissed anybody, John!
Just lost your mind!
No, no, no would you listen to me!
(both Sergeants shouting)
No, no, no!
I told you!
You didn't get to the bridge.
Trying to rape her?
Nol.
Come on, admit it!
No!
- Come on.
- Yeah.
Did you kiss Fran.
Would you listen.
Did you turn in the woods.
No!
[Vic] Someone had seen
him turn into the woods.
[Henderson] I mean, no
matter how we put it together,
we get nothing to nail him down.
[Vic] Yeah, but Jack we
put all the facts together.
We got our case.
What the hell else could have happened?
It had to be Robinson.
Had to, huh?
What have we got?
Tire tracks that match his match his.
Match half the bikes in town.
Footprints?
All the kids run around
in the bush in there.
A crazy woman that saw
him ride up to the woods
and an eight year old kid
that didn't see him go on by.
An eight year old kid, for Christ sake.
The only solid evidence
we have comes from a baby
who could have been watching a ladybug
on the ground when he went past.
Come on Jack.
Yeah, but when I pull
myself back from this,
what do I see?
A 14 year old kid, natural athlete.
Never had any trouble in his life.
But you've seen that girl,
does it seem possible?
None of it seems possible.
First, I haven't seen one
like this in all the years
I've been a cop.
I see.
Okay, so we can't make it out.
So what does that mean?
Does that mean that a sharp eye
by a 14 year old kid couldn't?
We have to assume he
couldn't make it out either.
He's lying about the damn car.
We have to, huh?
Why?
Because it fits with what we want.
'Cause it's too far away.
[Henderson] I suppose. So.
[Vic] Body was dragged
quite away after it was over.
And those few branches thrown over.
Hey, that seems like a panic
stricken kid, wouldn't it?
I mean, if you're gonna
hide a body or bury it
you hide or bury it for Christ sake,
you don't just throw a few branches on it.
I suppose so.
But whoever the animal was that did that,
he could have panicked at that moment.
You know what I mean?
I mean, look, here's the guy,
he's got his rocks off, the
passion's off him already
and he's back in the real world.
And there's a very dead little
girl lying there at his feet.
Now I don't care who he is,
he could have panicked at that moment.
And if he's an older guy,
he sure as hell could have panicked
'cause he know we're gonna hang him.
Robinson wouldn't have
thought about hanging.
He wouldn't have thought
about his own death,
somehow that doesn't seem
to fit a kid his age.
[Vic] Rape murder doesn't.
Shit, you're right.
Anything's possible in this one.
See the next one?
Yeah, this one.
So tell me, Vic, do
you think a 14 year old
would think to coil up her blouse
and use it to wrap around her
neck and strangle her with.
Well picture this he's
a kid just like you say,
but he's always been fond
of the girl, we know that.
So there they are in the woods together,
and well something cracks in his head
and there he is raping her.
Now he doesn't wanna Kill
her, but she's screaming,
she's gonna tell.
So he has to kill her to shut her up.
But he likes her, right?
And he just can't bring
himself to use his hands
because it's, well, it's too
personal, it's too intimate.
If something crazy like that can happen
in the middle of a rape.
So he uses the blouse to do it
'cause he can't bring
himself to strangle her
with his hands.
[Henderson] Jesus Christ,
what are you saying?
I'm saying that an adult
rapist would have used his hands.
The blouse is too damn consuming.
Police today have announced the arrest
of a 14 year old boy in
connection with the death
of pretty 14 year old Francesca Bailey.
The dead girl is the daughter
of the town's largest
employer, Mr. Fred Bailey
owner of Ontario Meats.
The arrested youth a
classmate of the murdered girl
has been charged with capital murder.
The girl's body was
discovered Friday afternoon
in a wooded area on the
outskirts of the town.
Due to the age of the accused,
police are withholding
all other information
concerning the case.
However sources within the
Attorney General's department
have disclosed that
prosecutors will request
to have the boy tried in adult court,
thus opening the possibility
of the imposition
of the death sentence.
The same sources said also that
a death sentence for a minor
has only occurred once
previously in Canada
and that was more than 100 years ago.
(somber music)
(lock clicking)
To go see the calves at Lennon's.
Uh-huh, he even came over on Thursday.
Can you remember the time?
Sure, right before I
ate about 5:30 or so.
Thank you, that's very nice.
No trouble at all, Sergeant Henderson.
Now then if you don't mind,
I'll get back to making supper.
I'll be inside if you
want me for something.
That's fine. Mrs. Koch.
If you'll excuse me.
Okay, now let's see...
Thursday, 5:30.
Right.
Now tell me now, was
there anyone else here
who might have seen or heard him then?
I don't think so.
I was alone right here in the front porch.
Maybe dad though.
He might've seen in the living room.
Mom was probably in the kitchen,
she wouldn't have heard anything.
Can you remember what he said?
Sure, he asked me to
go see the calves again.
And what did you say?
Gee, nothing I guess.
He was on his bike, he just
said to meet him there.
And then he went away.
I think I said, I wasn't sure if I could.
I guess he figured I wasn't
gonna come or something.
Well did you go?
No.
Well, I guess I sort of stood him up.
Later, you know, I went
back to the bridge,
not looking for him, you know,
but I went back to the
bridge and I thought of it.
So I asked some of the
kids if they'd seen him.
When was that?
Gee, must have been way
past six then close to seven.
I went back to the tree house too,
but I didn't see him there either.
Guess I was lucky, I didn't.
Wasn't I?
(soft music)
(upbeat music)
(machinery whirring)
We can put Spencer in for now.
You make up the schedules for
him until we can find him.
Oh, Jesus.
My sweet Christ Jack,
what's he doing in here?
Get him out of my plant,
don't want him in here.
God damn it, get moving,
I don't want him in here!
Bob you'll have to
understand. Fred isn't himself.
He asked me to tell you that
he'd like you to go home.
Sure, Jack, I can understand that.
Look, I'll take a few days-
- No, Bob I'm sorry.
He doesn't want you to come back at all.
Supposedly you shouldn't
have come in even today.
I think you should have
known how he'd feel.
What the hell do you think
I've been thinking about.
You think I slept last night, maybe?
My son in jail, his daughter's dead.
I don't know what I was
supposed to be thinking about,
but all I could think of last night
was what to do this morning.
I thought if I didn't come in
and it'd be like admitting something like,
like John did it or something.
I wanted to stay at home.
Christ I wanna hide for the
rest of my life, but I can't.
I had to come in, don't
you understand that?
I understand that it
took a lot of courage, Bob.
I can see that, but he
doesn't want you here.
I knew that.
Jesus Christ don't you
I think I knew that,
but I had to come in.
If I didn't come in how could
I look my son in the face.
All right, all right!
I'm going.
Geez, I don't think I could keep it up.
It's not courage, Jack.
It's not courage.
Just sometimes you've gotta do things
you don't have any choice in the matter.
You don't have any choices at all.
I'll send your pay Bob, in seven.
(machinery whirring)
[Warden] You have 20 minutes,
I'll be back after that.
Are you frightened, darling?
Are you frightened?
It's gonna be all right, okay?
Don't worry, Mommy.
Look, Johnny keep your spirits up.
This won't last long.
We'll have you outta here in no time.
They just made a mistake son
and they'll figure it out soon enough.
Yeah, I know dad.
But it feels like I've been here forever.
I don't even know what I'm doing here.
Everybody else, they're all so old.
I'm not like them.
Would you tell them I'm not
like the rest of them here, dad?
Please, son just a little longer.
Look, I talked to the lawyer.
He said there's nothing to worry about.
So you just buck up, eh?
Come on now, where's my
brave little Johnny boy.
See, try to understand son,
it's just that you were
the last one to see her.
They had to have somebody in here.
That God damn Bailey, he had
to have somebody in here.
Pretty soon they'll realize
they've got the wrong person
and then you can come home
and everything will be exactly
the same as it was before.
No, Dad it's never going to be the same.
Why not?
It's just never going to be the same.
Everybody's gonna look
at me behind my back.
And no matter what happens, all the kids,
they're all gonna be mean to me.
If only you hadn't
picked her up, Johnny,
if only you hadn't had the bad
luck to be there that night.
- Dad.
- What?
You have to understand
something, Mom, you too.
I really liked Fran.
I mean, I wanted her to be my girlfriend.
I went to the school yard
"cause I knew she'd be there.
Oh great.
I just wanted to see her, that's all.
See dad, it wasn't bad luck, it was me.
(classic music)
Wanna hear a joke?
Hi Frank.
Hey, I'm sorry about what
happened the other day.
[Frank] Sorry about what?
For throwing that stone at you.
There won't be any trouble,
I didn't tell anybody
it was you that beat me up on me.
And?
It was mostly John's fault anyways.
Do you think he really did it?
Cops arrested him, didn't they?
That's what my dad says.
It says it must have been him.
I heard him say that to my mom.
My dad, my mom, what the
hell do they know about it?
For all they know it could have been you.
Oh, yeah?
Well it could have been you too,
but it wasn't you and it
wasn't me, it was John.
Do you believe me?
Yes, I believe you.
Are you sure?
[Lawyer] Why do you ask John?
Because my own father
doesn't even believe me.
[Lawyer] That's not true, John.
Of course, he believes you completely.
No, I saw that he didn't.
When he was here, it was
something in his eyes.
But I know that he didn't.
[Lawyer] Well let's go on, okay.
It was at the highway that you saw the car
with the red plates?
No, the plates were orange, not red.
Was back at the bridge when I saw it.
[Lawyer] Now you were interested
in Fran as a girlfriend,
is that right?
Yeah, I was.
She was really pretty.
[Lawyer] You ever kiss her?
No.
[Lawyer] Have you ever had
intercourse with a woman?
[Lawyer] No.
[Inmate] Oh, shut up, eh?
Look, if you don't keep it down,
I'll call the guard in here.
[Inmate] You know what?
You can do it.
Gonna ask you that question again, John.
Have you ever had
intercourse with a woman?
No.
But you'd like to.
That's stupid, everybody
would, but when I say I want to,
everybody thinks I'm
a weirdo or something.
Have you ever had an
examination by a psychiatrist.
No.
Have you ever had to talk to the police
about anything like a broken
window or something like that?
No.
And you've never gone
all the way with a girl?
No, I haven't.
I could have maybe.
I think Nora might've let me,
she let me feel her up
once, but I never tried.
Nora Cook?
Yes.
Now as the jury will be aware,
it was decided at a preliminary hearing
not to try this case in juvenile
court, but in adult court
despite the age of the accused.
It was thought that only in
this way would his interests
and those of society be best protected.
However, we're now going to examine
the first of several child witnesses
and some relaxation of authority
and the strict rules of
evidence seem called for.
You may proceed Mr. Bonner.
If it pleases Your Honor,
I'd like to call bill Anderson.
Call Bill Anderson to the stand.
Bill Anderson.
Take a seat, Billy.
(audience laughing)
Yes, that's fine.
Billy, did you know Fran Bailey?
Yes sir, I live next door.
And do you know John Robinson?
Can you point to him?
Sure, that's John there.
He goes to my school.
You know that something
happened to Fran.
Now, do you remember the day?
That's what we talked about.
That was when I went
swimming with Mrs. Caruthers
at the bridge.
She started home without
me 'cause I wouldn't come.
But then I ran long after her.
I knew I'd get heck if I didn't.
And did you catch up?
Sure, she was waiting
just past the bush.
I want you to think
very carefully now, Billy,
before you caught up with
her, did you go past anyone?
No.
You didn't see Fran and
John on John's bicycle?
No I didn't.
They must have turned into the bush
after they passed Mrs. Caruthers.
Hold on a minute, please.
That statement will be stricken
and the jury will ignore it.
Billy just tell us about what you saw,
only about what you saw.
Do you understand?
Yes, sir.
[Attorney] Well then when
you went past the Bush,
you didn't see Fran and John?
No, sir.
That is all, My Lord.
Did you wish to question the witness?
I do, My Lord.
[Judge] Proceed.
Billy.
Did you see Wayne Armstrong
pass you or Larry Forche?
First, let me ask you this
do you know these boys?
Sure.
Did you see them pass?
Gee, I don't remember.
Gosh, you must have,
unless they disappeared.
Mrs. Caruthers saw them.
I don't know, I don't think I did.
[Lawyer] And then
they didn't pass you by
a minute after she saw them.
Well, I don't know.
That'll be all my Lord.
[Judge] Did you wish
to redirect Mr. Bonner?
No, My Lord.
That'll be all Billy, you may go.
Call your next witness.
[Attorney] The Crown calls Nora Cook.
Call Nora cook to the stand.
Nora cook.
He'd been asking me
out a lot around then,
he came over that night
and asked me to go to the bush with him.
And what did you say?
Well, he just drove off.
I didn't get a chance to say anything,
but I didn't go though.
So instead I guess-
- No, no, no, Nora let's
not have any guesses.
Only what you saw and heard.
Yes, sir.
All the same you did
go past the bush later
up to the bridge.
[Nora] Yes, sir around seven.
No past that, I was just-
- [Attorney] And did you see
Fran and John beyond the bush?
Maybe I put the bridge or
anywhere along the road?
No, they weren't around.
(indistinct chatter)
(crowd heckling)
(banging on windows)
(soft music)
What's the matter, son?
Bad dreams?
No.
I saw a mouse, it scared me.
Don't let it bother you son.
They come and go on their own business.
They won't bother you, none.
It's a lot different at night, isn't it?
I mean in the daytime,
there's all that fuss
going on in the courtroom.
Millions of people.
And then at night, you
all alone in the dark.
I just wish I could be home in my room.
Things wouldn't be so bad.
But you know, sleeping here, it's so hard.
I know, I know.
But there's nothing we can do about it.
Except maybe come around
and talk a little like this.
My name's Arthur, son.
And yours I know is John.
I'm glad you came.
You're the first person
who's talked to me normal.
I mean the way people used to
before all of this.
And yet John says you
saw him that evening.
You saw him with Fran at
the bridge, you even waved.
No honest, he's making it up.
I didn't go anywhere near the bush.
The bridge.
No, not there either.
Honest it's the truth.
You be sure it is.
I don't want any witnesses
of mine called lying
on the stand, you understand?
Yes sir.
Yes sir, I know.
So how about later at John's house?
He said you came over and asked him
if he'd taken Fran into the bushes.
Yeah, I remember that.
His mom was just leaving with Mrs. Linden.
Yes.
But why did you ask him
if you'd taken the girl
in the bushes if you hadn't seen them.
Somebody must have
told me, one of the kids.
Who Frank, believe
me it's very important.
I can't remember.
You have to.
Look, this is the way it happened.
I'll tell you exactly even
though I promised I wouldn't.
I didn't see them.
But when I went to John's he
was acting kind of strange.
Then he asked me if I do 'em a favor.
He said that if anybody
should ask me, I should say,
I'd seen him at the bridge earlier on,
but he didn't explain why.
After I found out what
happened, I couldn't do it.
But that's how I knew
they'd been together.
He told me.
(John panting)
(soft music)
♪ Go down by the sea ♪
♪ Surrender to the sun ♪
♪ Find the one you used to be ♪
♪ Forget what time has done ♪
♪ Go down by the sea ♪
♪ And heal your heart ♪
♪ Too many memories ♪
♪ Are tearing you apart ♪
♪ Your eyes show your tired soul of love ♪
♪ Of lose or win ♪
♪ All friends know ♪
Fran, do you still like me?
[Fran] I like you.
How much.
I mean, do you still really like me?
[Fran] I told you I liked you, John.
Well, do you still wanna go
out with me and be with me?
[Fran] No, not all the time.
How come?
[Fran] I don't know, John.
I just don't wanna stay
with you all the time.
I wanna be with other guys too.
Do you like some of those other guys
better than you like me?
I like some of them
just the same as you.
♪ All friends know you've got to go ♪
♪ And let your heart begin again ♪
♪ Go down ♪
Then that means that
I'm just another guy.
[Fran] I said, I liked you, John.
♪ Surrender to the sun ♪
♪ Find the one you used to be ♪
♪ Forget what time has done ♪
♪ Go down by the sea ♪
♪ And heal your heart ♪
♪ Too many memories ♪
♪ Are tearing you apart ♪
♪ They're tearing you apart ♪
(upbeat music)
What's the matter?
Nora what's wrong?
Nora?
Nora.
Nora, what's wrong?
What's bothering you?
Leave me alone.
I'm not gonna leave you alone
until you tell me what's wrong.
Is it John, what is it?
I don't know.
What do you mean you don't know?
What are you crying about?
I don't know if we did the right thing.
Of course we did the right thing.
Now don't worry about it,
we both went to court,
- we both testified.
- Leave me alone.
- Now don't worry about it.
- Leave me alone!
[Attorney] Do you
recognize this, doctor?
[Doctor] Well, this
contains the contents
of the victim's stomach.
[Attorney] How did it come to be here?
Well, I did it myself.
Yes, you can see my initials
on the label on the June 14th,
the day following the
discovery of the body.
Yes, well now Dr. Parsons,
could you describe the
contents of this jar
for the benefit of the jury?
Objection, My Lord.
Is this really necessary?
Well?
It is relevant, My Lord.
If your Lordship will allow me a minute I-
- Very well, very well
proceed, but briefly please.
Doctor.
Well, it contains about a
pint of a meal of mixed meat
and vegetables.
It was probably a thick lumpy stool.
This kind of evidence
is very valuable to us
in fixing the time of death
with a fair degree of certainty.
And what is your
conclusion in this case then?
Well, the victim made
her last meal about 5:30.
It was still largely undigested
at the time of death.
It was poorly chewed, but
taking that into account,
it could have been in the victim's stomach
no longer than two hours
while she was alive.
That would place the
time of death at 7:30,
I'd say between 7:15 and eight
o'clock with 100% certainty.
(indistinct chatter)
Order order in this court!
Order!
It is your professional
opinion then doctor
that the victim died
between 7:15 and 8:00 p.m.
That is correct.
Thank you, sir.
That is all, My Lord.
(indistinct chatter)
Doctor, the time period you give
as the period in which death occurred
is almost exactly identical
to the time period
mentioned in earlier testimony
concerning when John Robinson
was with Francesca Bailey that evening.
There's no need to hide the fact, Doctor
the murmur in the courtroom tells us
that everyone recognizes it.
And no doubt at this moment,
the jury finds it very interesting.
Well, I say that I find
it damn well suspicious
and the most remarkable coincidence.
Don't you agree, Doctor?
[Attorney] Objection,
objection Your Honor!
[Judge] Objection
sustained no more, no more.
These implications are disgraceful
and so is your language.
I won't tolerate it in my court.
Forgive me, My Lord I
owe the court and apology.
It's all money and the power.
They got Mr. Bailey, he has money.
He can afford all those
people and all those experts.
My dad can't.
That's why I'm here.
And you,
you can't get me out because
you haven't got enough power.
My dad promised.
And my mom.
But I'm here all alone,
and they can't do anything.
(tense music)
Do you ever lose your temper, John?
Sometimes.
Sometimes I do.
And what do you do then?
Please.
I'm tired, I'm tired!
Do you ever hit people
when you're angry?
No, I don't hit people.
Stop!
It hurts!
It hurts!
Stop!
John, John there's
nothing to be frightened of,
now don't be afraid.
Just try and remember you
were in the woods with Fran,
did she make you angry?
Woods?
[Doctor] That's right,
she made you get mad.
Did you hit her, John?
It wasn't your fault.
It wasn't your fault?
It wasn't my fault.
Wasn't my fault.
The blood.
What do you remember about the blood?
Why are you mad at me?
Frank beat them!
Stop!
Stop!
Is that when you hit Fran?
Fran?
Yes John, Fran. Why did you beat her?
No, I never beat Fran.
I never did.
You were just telling us a
moment ago, John, remember?
Frank, Brucey.
Stop!
Stop!
[Doctor] John how did you get your penis
all red and swollen?
I fell off my bike.
Tell the truth, John.
I fell off my bike.
Is that all, wasn't there
anything else that happened?
I touched it.
I shouldn't have touched it.
It fell good.
His underpants were kept.
I had to look at them myself at the time,
later they were examined at the lab.
At the time?
Yes at the time that
I examined the accused,
that would be the second
day following the murder.
And what were your observations?
Well, they were badly soiled, fouled,
obviously been wearing
them for a number of days
or likely so.
They were stained at the
rear and had urine and sperm
in the crotch.
Sperm, Doctor.
How did you know it was sperm?
Well, I didn't know for
sure, but I thought as much.
It was confirmed later by
the lab, that's how I know.
[Attorney] And did the lab
tests show anything else?
Yes.
Blood in small quantities of the area
in the front of the crotch.
Now doctor, I ask you this,
would these conditions be
consistent with sexual assault?
Could the soiling you describe
be accounted for in this way?
Yes, it could be.
It's possible.
You also examined the boy physically,
including the genital
area, is that correct?
[Doctor] Yes.
[Attorney] Again, what
were your observations?
Well, it was very sore looking,
quite swollen and reddened near
what you call the distal
end, and the business end.
There was a scab had formed over a rip
or cut along the left side of it.
From the state of healing
I would say about two or three days old.
[Attorney] Can you
explain how such an injury
could be caused.
A head long fall could have
made those kinds of scrapes,
I suppose.
You see, I've never really
seen one quite that sore.
Well, now I did attend
one once some time ago
that a cow had stepped on.
Now that was a lot sorer.
(audience laughing)
That was the last-
- [Judge] Order! Order! Order! Order!
Order!
Order!
[Doctor] It seems that this fall-
- Yes, yes, yes, yes, yes, Doctor.
Could these injuries have been sustained
during a sexual assault?
Well, yes, that'd be one way.
[Doctor] Fran didn't really want to ride
from the highway with you, did she, John.
You invited her somewhere, didn't you?
Take Fran see the ponies.
Ponies.
[Doctor] Yes, John. Fran is with you,
but instead of going where
you said you were going,
you went off into the bushes.
No.
To ponies.
Ponies.
Fran is so pretty, John.
You wanted to be alone
with her into the woods.
Isn't that right?
Went hopping into the bush.
Didn't you?
Mom.
No!
No!
What did you do, John?
Feed her to the fishes?
What did you do, John?
Feed her to the fishes?
What did you do, John?
Feed her to the fishes?
What did you do, John?
Feed her to the fishes?
(indistinct chatter)
The circumstances surrounding the murder
of this little girl are revolting.
Revolting.
And you may ask who but a monster
could be guilty of such a thing.
Now the accused is charged
with this monstrous crime,
and he is about 14 years old.
And this is it.
You must not permit this lad's
youth to sway you in any way
from bringing in a verdict
in accordance with your conscience.
Finally, gentlemen, let me say this
before you arrive at a
verdict in this case,
you must examine each piece of evidence.
Is it consistent with the boy's guilt,
inconsistent with any other conclusion?
It's not this bit of evidence
or that bit of evidence,
but the cumulative effect
of the whole on the whole.
Is there any other conclusion,
but that this boy
murdered Francesca Bailey.
If you think there is you will acquit him.
If the evidence raises
a doubt in your mind,
you will acquit him.
But when I say a doubt, I
mean a reasonable doubt,
not a foolish doubt and not doubt
because you are hesitant to do your duty
while I trust that you will
accept your responsibilities
in this matter.
You will bring in a verdict in accordance
with your conscience,
but do not forget either
what I said about the onus of proof.
The onus is on the Crown.
There is no burden
whatsoever on the prisoner
to prove his innocence.
And that must be remembered.
It is for the Crown to prove
guilt and you must be sure.
Now, gentlemen, let me say this,
you may bring in a verdict of not guilty,
the jury is always able to do that.
You may bring in a verdict of not guilty.
You may bring in a verdict
of guilty as charged,
but as I see it, gentlemen,
there is no other verdict
open to you in this case
on this evidence.
[Congregation] Father
in the gracious keeping,
lead me now, thy servant speaking.
There the tears of earth are dried.
There is hidden things are clear there.
The work of life is tried
by a juster judge than here.
There no more the powers
of hell can prevail
to mar her peace.
Christ The Lord shall guard her well,
He who died for her release.
Earth to earth, and dust to dust,
calmly now the words we say
left behind we wait in trust
for the resurrection day.
[Priest] The Lord is my
shepherd I shall not want.
[Congregation] The Lord is
my shepherd I shall not want.
He maketh me to lie
down in green pastures.
[Congregation] He maketh me
to lie down in green pastures.
[Priest] He leadeth me
beside the still waters.
[Congregation] He leadeth
me beside the still waters.
[Priest] He restoreth my soul.
[Congregation] He restoreth my soul.
[Priest] He leadeth me in
the path of righteousness.
[Reporter] Headlining the news tonight,
sentence has been handed down
in the rape murder trial of
14 year old John Robinson.
[Priest] Yay, though I
walk through the valley
of the shadow of death.
[Congregation] Yay, though
I walk through the valley
of the shadow of death.
[Priest] I will fear no evil.
[Congregation] I will fear no evil.
[Priest] For thou art with me.
[Congregation] For thou art with me.
[Priest] Thy rod and
thy staff they comfort me.
[Congregation] Thy rod and
thy staff they comfort me.
[Priest] Thou preaparest
a table before me
in the presence of my enemies.
[Congregation] Thou
preaparest a table before me
in the presence of my enemies.
[Priest] Thou anointeth
my head with oil.
[Congregation] Thou
anointeth my head with oil.
[Priest] My cup runneth over.
[Congregation] My cup runneth over.
[Priest] Surely goodness
and mercies shall follow me
all the days of my life.
[Congregation] Surely goodness
and mercies shall follow me
all the days of my life.
[Priest] And I will dwell in the house
of the Lord forever.
[Congregation] And I
will dwell in the house
of the Lord forever.
(bell tolling)
[Priest] For as a much as
it please to almighty God.
His gracefulness shall
take unto Himself the soul
of this murdered child.
(bell tolling)
Dust to dust, ashes to
ashes, dust to dust.
(suspenseful music)
(footsteps pattering)
Gentlemen of the Jury,
have you reached a verdict?
We have.
And how do you find
the accused as charged,
guilty or not guilty?
Guilty as charged, My Lord.
(indistinct chatter)
Order, order in this court.
Order!
With a recommendation for mercy.
Mr. Registrar.
Have the prisoner stand, please.
The sentence of this court
upon you, John Robinson is
that you be taken from here to the place
from once you came and there
be held in close confinement
until Monday, the seventh day of February
and upon that day and date,
you be taken to the place of execution
and that there be hanged by
the neck until you are dead.
[Narrator] The film you have just seen
was based on a true story,
the 1959, Stephen Truscott case.
As you have witnessed
Truscott at the age of 14
was found guilty of rape and murder.
He was held in death row
awaiting his execution
for nine months, just two
hours before his sentence
was to be imposed the
government bowed to enormous
public outcry and commuted the sentence
to life imprisonment.
Truscott was paroled
after serving 10 years
in federal penitentiary,
he is now living under an assumed name.
He is married, has two children
and is currently employed
as an auto mechanic,
a trade he learned in prison.
The controversial case
remains a glaring testament
to the potential fallibility
of a civilized world's judicial system.
Recently when shown this film,
Truscott remarked that he
liked it and added that,
"it gave a good insight into
what it was like at the time."
To this day, he proclaims his innocence.
"At no time did I ever say I was guilty.
I definitely am not, and I
will never say I am guilty.
In all the world today,
only two people really know I'm innocent.
One of them is me, the
other is the killer."
♪ Old friends know you've got to go ♪
♪ And let your heart begin again ♪
(soft music)
♪ Go down by the sea ♪
♪ And hear ♪
(bush rustling)
(ominous music)
(gunshot fires)
(upbeat lively music)
(birds chirping)
(bike wheels spinning)
(John groaning)
(metal clanging)
(upbeat music)
[Frank] Full of shit,
I mean here you are
supposed to be one of the
big heels around school,
and you tell us you've never been laid?
Hey, Frank, you sure, huh?
I mean, you've really done it?
What?
Fucked a girl?
Yeah.
Sure I have.
Listen, don't forget I'm the
world's greatest hypnotist,
which gives me advantage
over you poor slobs.
If I really want a girl, all
I have to do is catch her eye.
You're early.
I told Mrs. Johnson, my
parents wanted me home early.
Just wanted to leave already.
What's the matter?
Nothing.
Well, are you gonna take me for a ride?
Sure.
(car engine revving)
♪ Now the memory's still there ♪
(bird squawking)
♪ Sunlight streaming
through far and through ♪
I'm going to prove to you mere mortals
that even Brucey here can learn the trick.
I'll teach you through hypnosis
since you're probably too
stupid to learn any other.
(John laughing)
Close your eyes.
That's right, close them.
Empty your mind.
Float in the air like a feather.
(John laughing)
Drifting.
Come on Frank, it
don't feel any different.
Silence.
The master commands it.
Close your eyes.
You're drifting,
(kick thudding)
Floating in the air like a feather.
Falling.
Falling.
Falling.
And now,
(kick thudding)
We're going to learn
how to feel a great sensation.
(Bruce screaming)
(romantic music)
Could hardly believe it,
you should have seen him.
He just stood there.
Can't you just see it?
There he is with his eyes closed
standing right at the edge.
Deserved it for being so stupid.
I'm telling him, "You're falling, falling.
Come on, watch the movie, Frank.
[Frank] Hey, Nora.
- [Anne] What?
- Give John a kiss?
You crazy?
No.
Hey John, wanna feel?
Bugger off.
Shh.
Okay, now him.
Come on, I'm not kidding, do it.
Nora, kiss him.
Shh!
Not bad, eh?
(telephone ringing)
Hello.
Hi John, this is Nora.
[John] Oh, hi Nora.
- How are you?
- Oh, fine.
I was wondering, well, you
know the Lennon's place, eh?
Sure.
Well, his cows are calving
and it's really neat to see the calves,
I mean, when they're just born.
[John] Yeah.
So would you like to go
over with me and see 'em,
say Wednesday night after supper?
No, no, I couldn't then.
You see, we've gotta
practice for a track meet.
I've really gotta be there.
Oh, it wouldn't hurt
to miss one, would it?
You always win anyway.
Well, I really should go.
Now, John Robinson don't
you play hard to get.
Seven o'clock and don't be late.
No, Nora, I'm serious.
I'm not sure if I can make it.
[Nora] How come?
[John] Yeah.
Actually-
- [Frank] Come on, give it to me.
[John]...kind of
planning something else.
[Frank] Prick.
Oh wow.
Wow, can you see?
[John] Come on Frank, give me. Come on.
(clock chiming)
[Nora] John?
John, are you there?
Yeah, yeah, sure Nora.
Look, I'll see you tomorrow at school.
We'll talk about it then.
(camera clicking)
(Bruce gasping)
(John panting)
Come on, Frank, come on.
You got no business with it.
Give it here, it's mine.
[Frank] Hoo wee!
[Bruce] Frank, you bastard, give me it.
[Frank] Wow, look at those tits.
Where'd you get this stuff Brucey?
You steal it from your father?
Nevermind where I gotta
it, just hand it over.
Gee, Brucey, think
a growing boy like you
should be looking at stuff like this?
I had it hid you prick.
You've been going through my stuff.
Stuff like this just ain't no good
for a growing boy like you.
I think I better rip it up.
Bastard!
Bastard!
Come on fat boy, let's
see you throw a rock.
Want your dirty pictures back?
Huh?
(punches landing)
- [Bruce] Stop, stop.
- (Bruce groaning)
You little prick.
Stop Frank.
(Bruce grunting)
Stop!
Help, help!
Stop!
(Bruce groaning)
Help, help!
Stop!
Get off him.
You're supposed to be my friend.
You just stood there and watch.
Brucey, I just got here.
I just got here, too late to do anything.
Brucey.
Bastards, just wait.
- Brucey.
- Just wait and see.
He thinks I just stood here
and let you do that to him.
What do you care what
that little fart thinks?
Oh yeah, you're really big
with the little guys, eh?
Any time big mouth.
Yeah, you wait.
Brucey!
Brucey!
(gentle chime music)
(both giggling)
(gears winding)
Fran, John really likes
you lot, doesn't he?
Yeah, I guess so.
Do you like him?
He's all right, I suppose.
What do you mean "He's
all right, you suppose?”
Well, he's a nice guy and
all that, but that's it.
Fran, you still a Virgin?
What do you wanna know that for?
Just curious.
Maybe, maybe not.
Are you?
Maybe, maybe not.
(both giggling)
Did you or didn't you?
Yeah.
What was it like?
Was it fun?
Yeah.
(both laughing)
What about you?
Oh yeah, I did.
Well, did you like it?
Sure, it was great.
(both laughing)
(gentle chime music)
Hi John.
Well, today's the day.
It's Thursday, remember
you said you'd go with me
to the Lennon's place.
Well look Nora, I forgot.
I can't go, honest.
You know,
if you think you're gonna
go somewhere with Fran,
you can just forget it.
You don't have to look so surprised,
I'm not stupid, you know?
Anyway, she's got a boyfriend,
so you just forget it.
He's not really her boyfriend.
She just drives around in
his car once in a while.
Huh, so I was right.
Well, she's probably out with him tonight.
So you're stuck with me.
(horseshoe clanging)
What about, Frank?
We broke up.
Beside he doesn't care anyway.
Yeah, that's what he says.
Scared?
No.
Why should I be scared of Frank?
[Nora] You better just
stop playing hard to get.
I just might give up trying.
[John] Come on, Nora.
Get off.
[Nora] Come on John, let go, come on.
Promise to stop fooling, then?
Yeah, come on.
Come on, promise.
Okay, okay, I promise.
You sure, huh?
Yeah.
(John laughs)
(romantic music)
[Nora] See you at
Lennon's bush, after supper.
Bye John.
- Hit her.
- I'll hit her.
Yay, that's okay.
Come on, let's go.
Come on hurry, hurry up.
- [Kid] You hit her?
- [Kid 2] Yeah, she did.
Come on hit it.
Hit the ball.
Catch it, catch it.
(owl hooting)
(kids chattering)
(upbeat music)
[Kid] Hit her.
[John] Hi.
[Fran] Hi John.
[John] Hi.
[Fran] You wanna go through the ponies?
Sure.
[Kid] Hit her.
[Nora] Hey George.
[George] Yeah?
[Nora] George, have you seen John?
[George] What do you wanna know for?
[Nora] I said, have you seen him?
[George] Nah.
Have you seen him?
Nah, he hasn't been here since I came.
[George] Hey, what's the
matter Nora get stood up?
What's the matter Nora get stood up?
What's the matter Nora get stood up?
What's the matter Nora get stood up?
Hurry home, Billy.
(birds chirping)
(water splashing)
Johnny, are you up there?
John!
(gun shot fires)
(suspenseful music)
[Vic] Hey!
(car engine revs)
(calm music)
Come in son.
Your name is John Robinson.
- Yes, sir.
- Sit down here, John.
This is Sergeant Henderson.
John, we're hoping you can
explain a few things for us.
You mean about Fran Bailey?
That's right, John.
We came down here today to
talk to some of the kids here
to see if they could help us.
We're trying to figure out
where she might have gone last night.
Now some of them seem to think
that you might have seen her.
Is there anything you can
tell us that might help?
Well, yeah, I saw Fran last night.
I gave her a drive up to the highway.
Where'd you meet her John?
Right here at the school.
[Vic] And then where did you go?
Now, try to remember exactly.
Well, we both got on my bike
and we went all the way up the road here
to Highway number nine, that's all.
[Vic] Why'd she wanna go up there?
Is she tending?
Well, yeah, she said she
wanted to see the ponies.
Now let's see now, that
road goes past a farm,
the Lennon farm, I believe,
then passed some woods in the property
and further on crosses the bridge
and right onto the highway.
Yeah, that's right.
[Henderson] Did you
stop anywhere on the way?
No, she was in a hurry.
[Vic] Did you see Fran Bailey?
No, but-
- [Vic] Did you see John Robinson?
Yes, sir.
[Vic] Where did you see John?
He was on his bike past the
bridge, going to Highway 9.
Where exactly?
I saw on her the crossbar
John's bike, past the bridge,
going up to Highway number 9.
(dramatic music)
(dog barking)
(indistinct chatter)
That scrub.
I got it, I got it!
(dogs barking)
(indistinct chatter)
(dramatic music)
Frank, wait for me!
(helicopter whirring)
Where do you want that
helicopter to come down?
Tell him to put it on the bald spot,
on top of that hill up there.
(indistinct chatter)
Over here!
Over here!
She's been found, over here!
There she is, over here!
Over here!
Over here!
Over here!
Over here!
Over here!
(helicopter whirring)
Over here!
Over here, she's been found.
My God.
[Search Member] Oh my God.
(suspenseful music)
[Priest] Now the sweet
child's life is over.
Now the foreign days are passed.
(engine roaring)
And prevail to long the peace.
Christ the Lord shall guard her well.
He who died for her sins.
[All] Earth to earth and dust to dust.
Calmly now the words we say,
left behind we wait in trust
for the resurrection day.
The Lord is my shepherd
I shall not want.
[Congregation] The Lord
is my shepherd I shall want.
He maketh me to lie
down in green pastures.
(dramatic music)
[Congregation] He maketh me
to lie down in green pastures.
He leadeth me beside the still waters.
[Congregation] He leadeth
me beside the still waters.
[Priest] He restoreth my soul.
[Congregation] He restoreth my soul.
[Priest] He leadeth me in
the path of righteousness
for his name sake.
[Congregation] He leadeth me
in the path of righteousness,
for his name sake.
[Priest] Yay thou I
walk through the valley
of the shadow of death.
[Congregation] Yay thou
I walk through the valley
of the shadow of death.
[Priest] I will fear no evil.
[Congregation] I will fear no evil.
[Priest] For thou art the kingdom.
[Congregation] For thou art the kingdom.
[Priest] Thy rod and
thy staff they comfort me.
[Congregation] Thy rod and
thy staff they comfort me.
[Priest] Thou preaperest
the table before me
in the presence of mine enemies.
[Congregation] Thou
preaperest the table before me
in the presence of mine enemies.
[Priest] Thou anointeth
my head with oil.
[Congregation] Thou
anointeth my head with oil.
[Priest] My cup runneth over.
[Congregation] My cup runneth over.
[Priest] Surely goodness and mercy
shall follow me all the days of my life.
[Congregation] Surely goodness and mercy
shall follow me all the days of my life.
[Priest] And I will dwell
in the house of the Lord forever.
[Congregation] And I will dwell
in the house of the Lord forever.
[Cameraman] Hold it.
[Priest] His great
goodness to take unto himself
the soul of this young child.
Turn to the left.
Hold it.
[Priest] Dearly
beloved Francesca Bailey.
Therefore commit her-
- [Cameraman] Turn to the right.
Hold it.
[Priest] Earth to Earth,
ashes to ashes, dust to dust.
Assurance certain hope of
resurrection to eternal life
of our Lord Jesus Christ.
Amen.
(somber music)
(typer clicking)
Obvious scratch and burn
marks to the right and left knee
in the vertical direction.
Superficial puncturing.
Apparently some sort of brush
burns fairly well healed over,
therefore no less than
two days old, maybe three.
Scratches of about the same
age to the palms of both hands.
Similar scratches and burn marks
to the underside of the forearms.
Step down, son.
Recent cut to the left shoulder.
Again the state of healing
estimated at two or three days.
Just relax, son.
Redning to both sides of the penis.
Quite sore.
Degree of swelling.
Laceration about one inch in length,
along the left side of the shaft.
No bleeding.
Scab recently formed.
Again, same age as other wounds.
Approximately three days.
[Vic] You were on
your bike to the highway
and that was the last you saw her.
[John] Yeah, that's right.
Well, John, that means you
went by the Lennon place,
by the woods, over the bridge
all the way to the highway
without stopping at all, that right?
- Yes.
- That can't be true.
It is true.
But you said the last place
you saw her was at the bridge.
Now that's almost a quarter
mile from the highway.
Yeah, that's right,
man, from the bridge.
I rode back from the highway.
When I got to the bridge, I looked back.
Fran was just getting into a car.
It was a 65 Mustang.
It had orange license plates.
John, there were kids
swimming in the river
under the bridge.
Isn't it strange, none of
them remember seeing it.
There was just George and little Jerry.
I remember George saw
me, he even waved at me.
We questioned George,
he said he wasn't there
and he didn't see you.
He was there, it was him.
John, you didn't go up to the highway,
you didn't even get to the bridge.
You turned off into the woods
with Fran, now didn't you.
No, she wouldn't let me.
I told you she was in a hurry.
John, it's over a mile from
the school to the highway.
Now that's a long way to take
someone on your crossbar.
You must have stopped or rest some place.
Come on, you might as well admit that.
No, I told you already,
she wouldn't let me,
she was in a hurry.
Look, you were seen
leaving the school yard.
Mrs. Caruthers saw you on the
road just before the Bush.
Billy Anderson, wasn't a
hundred yards behind her
and he didn't see you.
He didn't see you because
you turned in the bush
with Fran, now didn't you?
He did, he must have.
Did you see him?
Well, yeah, he wasn't
even looking at us.
Look, he's not even eight.
He forgets.
Nevermind trying to
psychoanalyze Billy Anderson,
whether he is eight or
whether he forgets or what,
first was a bridge, then was the highway,
then you said she wouldn't let
you, then she was in a hurry.
Make up your mind, John.
- What story?
- I you already!
I took her to the highway,
and then I saw her last at the bridge.
Come on, John you stopped,
you turned into the highway,
you got hots for her, she
laid down in the woods and-
- No, no, I didn't take
Fran into the Bush.
I wouldn't hurt Fran, I told you.
You liked Fran, didn't you?
Oh yeah.
You ever kissed anybody?
Yeah.
Kiss a girl, you
kissed Fran, didn't you?
No.
You went in the woods,
you start kissing her.
Next thing you know, you didn't
know what you were doing.
No, I didn't-
- Why don't you admit it!
I didn't kiss Fran.
No, I wouldn't.
Don't provide different story.
You ever kissed anybody, John!
Just lost your mind!
No, no, no would you listen to me!
(both Sergeants shouting)
No, no, no!
I told you!
You didn't get to the bridge.
Trying to rape her?
Nol.
Come on, admit it!
No!
- Come on.
- Yeah.
Did you kiss Fran.
Would you listen.
Did you turn in the woods.
No!
[Vic] Someone had seen
him turn into the woods.
[Henderson] I mean, no
matter how we put it together,
we get nothing to nail him down.
[Vic] Yeah, but Jack we
put all the facts together.
We got our case.
What the hell else could have happened?
It had to be Robinson.
Had to, huh?
What have we got?
Tire tracks that match his match his.
Match half the bikes in town.
Footprints?
All the kids run around
in the bush in there.
A crazy woman that saw
him ride up to the woods
and an eight year old kid
that didn't see him go on by.
An eight year old kid, for Christ sake.
The only solid evidence
we have comes from a baby
who could have been watching a ladybug
on the ground when he went past.
Come on Jack.
Yeah, but when I pull
myself back from this,
what do I see?
A 14 year old kid, natural athlete.
Never had any trouble in his life.
But you've seen that girl,
does it seem possible?
None of it seems possible.
First, I haven't seen one
like this in all the years
I've been a cop.
I see.
Okay, so we can't make it out.
So what does that mean?
Does that mean that a sharp eye
by a 14 year old kid couldn't?
We have to assume he
couldn't make it out either.
He's lying about the damn car.
We have to, huh?
Why?
Because it fits with what we want.
'Cause it's too far away.
[Henderson] I suppose. So.
[Vic] Body was dragged
quite away after it was over.
And those few branches thrown over.
Hey, that seems like a panic
stricken kid, wouldn't it?
I mean, if you're gonna
hide a body or bury it
you hide or bury it for Christ sake,
you don't just throw a few branches on it.
I suppose so.
But whoever the animal was that did that,
he could have panicked at that moment.
You know what I mean?
I mean, look, here's the guy,
he's got his rocks off, the
passion's off him already
and he's back in the real world.
And there's a very dead little
girl lying there at his feet.
Now I don't care who he is,
he could have panicked at that moment.
And if he's an older guy,
he sure as hell could have panicked
'cause he know we're gonna hang him.
Robinson wouldn't have
thought about hanging.
He wouldn't have thought
about his own death,
somehow that doesn't seem
to fit a kid his age.
[Vic] Rape murder doesn't.
Shit, you're right.
Anything's possible in this one.
See the next one?
Yeah, this one.
So tell me, Vic, do
you think a 14 year old
would think to coil up her blouse
and use it to wrap around her
neck and strangle her with.
Well picture this he's
a kid just like you say,
but he's always been fond
of the girl, we know that.
So there they are in the woods together,
and well something cracks in his head
and there he is raping her.
Now he doesn't wanna Kill
her, but she's screaming,
she's gonna tell.
So he has to kill her to shut her up.
But he likes her, right?
And he just can't bring
himself to use his hands
because it's, well, it's too
personal, it's too intimate.
If something crazy like that can happen
in the middle of a rape.
So he uses the blouse to do it
'cause he can't bring
himself to strangle her
with his hands.
[Henderson] Jesus Christ,
what are you saying?
I'm saying that an adult
rapist would have used his hands.
The blouse is too damn consuming.
Police today have announced the arrest
of a 14 year old boy in
connection with the death
of pretty 14 year old Francesca Bailey.
The dead girl is the daughter
of the town's largest
employer, Mr. Fred Bailey
owner of Ontario Meats.
The arrested youth a
classmate of the murdered girl
has been charged with capital murder.
The girl's body was
discovered Friday afternoon
in a wooded area on the
outskirts of the town.
Due to the age of the accused,
police are withholding
all other information
concerning the case.
However sources within the
Attorney General's department
have disclosed that
prosecutors will request
to have the boy tried in adult court,
thus opening the possibility
of the imposition
of the death sentence.
The same sources said also that
a death sentence for a minor
has only occurred once
previously in Canada
and that was more than 100 years ago.
(somber music)
(lock clicking)
To go see the calves at Lennon's.
Uh-huh, he even came over on Thursday.
Can you remember the time?
Sure, right before I
ate about 5:30 or so.
Thank you, that's very nice.
No trouble at all, Sergeant Henderson.
Now then if you don't mind,
I'll get back to making supper.
I'll be inside if you
want me for something.
That's fine. Mrs. Koch.
If you'll excuse me.
Okay, now let's see...
Thursday, 5:30.
Right.
Now tell me now, was
there anyone else here
who might have seen or heard him then?
I don't think so.
I was alone right here in the front porch.
Maybe dad though.
He might've seen in the living room.
Mom was probably in the kitchen,
she wouldn't have heard anything.
Can you remember what he said?
Sure, he asked me to
go see the calves again.
And what did you say?
Gee, nothing I guess.
He was on his bike, he just
said to meet him there.
And then he went away.
I think I said, I wasn't sure if I could.
I guess he figured I wasn't
gonna come or something.
Well did you go?
No.
Well, I guess I sort of stood him up.
Later, you know, I went
back to the bridge,
not looking for him, you know,
but I went back to the
bridge and I thought of it.
So I asked some of the
kids if they'd seen him.
When was that?
Gee, must have been way
past six then close to seven.
I went back to the tree house too,
but I didn't see him there either.
Guess I was lucky, I didn't.
Wasn't I?
(soft music)
(upbeat music)
(machinery whirring)
We can put Spencer in for now.
You make up the schedules for
him until we can find him.
Oh, Jesus.
My sweet Christ Jack,
what's he doing in here?
Get him out of my plant,
don't want him in here.
God damn it, get moving,
I don't want him in here!
Bob you'll have to
understand. Fred isn't himself.
He asked me to tell you that
he'd like you to go home.
Sure, Jack, I can understand that.
Look, I'll take a few days-
- No, Bob I'm sorry.
He doesn't want you to come back at all.
Supposedly you shouldn't
have come in even today.
I think you should have
known how he'd feel.
What the hell do you think
I've been thinking about.
You think I slept last night, maybe?
My son in jail, his daughter's dead.
I don't know what I was
supposed to be thinking about,
but all I could think of last night
was what to do this morning.
I thought if I didn't come in
and it'd be like admitting something like,
like John did it or something.
I wanted to stay at home.
Christ I wanna hide for the
rest of my life, but I can't.
I had to come in, don't
you understand that?
I understand that it
took a lot of courage, Bob.
I can see that, but he
doesn't want you here.
I knew that.
Jesus Christ don't you
I think I knew that,
but I had to come in.
If I didn't come in how could
I look my son in the face.
All right, all right!
I'm going.
Geez, I don't think I could keep it up.
It's not courage, Jack.
It's not courage.
Just sometimes you've gotta do things
you don't have any choice in the matter.
You don't have any choices at all.
I'll send your pay Bob, in seven.
(machinery whirring)
[Warden] You have 20 minutes,
I'll be back after that.
Are you frightened, darling?
Are you frightened?
It's gonna be all right, okay?
Don't worry, Mommy.
Look, Johnny keep your spirits up.
This won't last long.
We'll have you outta here in no time.
They just made a mistake son
and they'll figure it out soon enough.
Yeah, I know dad.
But it feels like I've been here forever.
I don't even know what I'm doing here.
Everybody else, they're all so old.
I'm not like them.
Would you tell them I'm not
like the rest of them here, dad?
Please, son just a little longer.
Look, I talked to the lawyer.
He said there's nothing to worry about.
So you just buck up, eh?
Come on now, where's my
brave little Johnny boy.
See, try to understand son,
it's just that you were
the last one to see her.
They had to have somebody in here.
That God damn Bailey, he had
to have somebody in here.
Pretty soon they'll realize
they've got the wrong person
and then you can come home
and everything will be exactly
the same as it was before.
No, Dad it's never going to be the same.
Why not?
It's just never going to be the same.
Everybody's gonna look
at me behind my back.
And no matter what happens, all the kids,
they're all gonna be mean to me.
If only you hadn't
picked her up, Johnny,
if only you hadn't had the bad
luck to be there that night.
- Dad.
- What?
You have to understand
something, Mom, you too.
I really liked Fran.
I mean, I wanted her to be my girlfriend.
I went to the school yard
"cause I knew she'd be there.
Oh great.
I just wanted to see her, that's all.
See dad, it wasn't bad luck, it was me.
(classic music)
Wanna hear a joke?
Hi Frank.
Hey, I'm sorry about what
happened the other day.
[Frank] Sorry about what?
For throwing that stone at you.
There won't be any trouble,
I didn't tell anybody
it was you that beat me up on me.
And?
It was mostly John's fault anyways.
Do you think he really did it?
Cops arrested him, didn't they?
That's what my dad says.
It says it must have been him.
I heard him say that to my mom.
My dad, my mom, what the
hell do they know about it?
For all they know it could have been you.
Oh, yeah?
Well it could have been you too,
but it wasn't you and it
wasn't me, it was John.
Do you believe me?
Yes, I believe you.
Are you sure?
[Lawyer] Why do you ask John?
Because my own father
doesn't even believe me.
[Lawyer] That's not true, John.
Of course, he believes you completely.
No, I saw that he didn't.
When he was here, it was
something in his eyes.
But I know that he didn't.
[Lawyer] Well let's go on, okay.
It was at the highway that you saw the car
with the red plates?
No, the plates were orange, not red.
Was back at the bridge when I saw it.
[Lawyer] Now you were interested
in Fran as a girlfriend,
is that right?
Yeah, I was.
She was really pretty.
[Lawyer] You ever kiss her?
No.
[Lawyer] Have you ever had
intercourse with a woman?
[Lawyer] No.
[Inmate] Oh, shut up, eh?
Look, if you don't keep it down,
I'll call the guard in here.
[Inmate] You know what?
You can do it.
Gonna ask you that question again, John.
Have you ever had
intercourse with a woman?
No.
But you'd like to.
That's stupid, everybody
would, but when I say I want to,
everybody thinks I'm
a weirdo or something.
Have you ever had an
examination by a psychiatrist.
No.
Have you ever had to talk to the police
about anything like a broken
window or something like that?
No.
And you've never gone
all the way with a girl?
No, I haven't.
I could have maybe.
I think Nora might've let me,
she let me feel her up
once, but I never tried.
Nora Cook?
Yes.
Now as the jury will be aware,
it was decided at a preliminary hearing
not to try this case in juvenile
court, but in adult court
despite the age of the accused.
It was thought that only in
this way would his interests
and those of society be best protected.
However, we're now going to examine
the first of several child witnesses
and some relaxation of authority
and the strict rules of
evidence seem called for.
You may proceed Mr. Bonner.
If it pleases Your Honor,
I'd like to call bill Anderson.
Call Bill Anderson to the stand.
Bill Anderson.
Take a seat, Billy.
(audience laughing)
Yes, that's fine.
Billy, did you know Fran Bailey?
Yes sir, I live next door.
And do you know John Robinson?
Can you point to him?
Sure, that's John there.
He goes to my school.
You know that something
happened to Fran.
Now, do you remember the day?
That's what we talked about.
That was when I went
swimming with Mrs. Caruthers
at the bridge.
She started home without
me 'cause I wouldn't come.
But then I ran long after her.
I knew I'd get heck if I didn't.
And did you catch up?
Sure, she was waiting
just past the bush.
I want you to think
very carefully now, Billy,
before you caught up with
her, did you go past anyone?
No.
You didn't see Fran and
John on John's bicycle?
No I didn't.
They must have turned into the bush
after they passed Mrs. Caruthers.
Hold on a minute, please.
That statement will be stricken
and the jury will ignore it.
Billy just tell us about what you saw,
only about what you saw.
Do you understand?
Yes, sir.
[Attorney] Well then when
you went past the Bush,
you didn't see Fran and John?
No, sir.
That is all, My Lord.
Did you wish to question the witness?
I do, My Lord.
[Judge] Proceed.
Billy.
Did you see Wayne Armstrong
pass you or Larry Forche?
First, let me ask you this
do you know these boys?
Sure.
Did you see them pass?
Gee, I don't remember.
Gosh, you must have,
unless they disappeared.
Mrs. Caruthers saw them.
I don't know, I don't think I did.
[Lawyer] And then
they didn't pass you by
a minute after she saw them.
Well, I don't know.
That'll be all my Lord.
[Judge] Did you wish
to redirect Mr. Bonner?
No, My Lord.
That'll be all Billy, you may go.
Call your next witness.
[Attorney] The Crown calls Nora Cook.
Call Nora cook to the stand.
Nora cook.
He'd been asking me
out a lot around then,
he came over that night
and asked me to go to the bush with him.
And what did you say?
Well, he just drove off.
I didn't get a chance to say anything,
but I didn't go though.
So instead I guess-
- No, no, no, Nora let's
not have any guesses.
Only what you saw and heard.
Yes, sir.
All the same you did
go past the bush later
up to the bridge.
[Nora] Yes, sir around seven.
No past that, I was just-
- [Attorney] And did you see
Fran and John beyond the bush?
Maybe I put the bridge or
anywhere along the road?
No, they weren't around.
(indistinct chatter)
(crowd heckling)
(banging on windows)
(soft music)
What's the matter, son?
Bad dreams?
No.
I saw a mouse, it scared me.
Don't let it bother you son.
They come and go on their own business.
They won't bother you, none.
It's a lot different at night, isn't it?
I mean in the daytime,
there's all that fuss
going on in the courtroom.
Millions of people.
And then at night, you
all alone in the dark.
I just wish I could be home in my room.
Things wouldn't be so bad.
But you know, sleeping here, it's so hard.
I know, I know.
But there's nothing we can do about it.
Except maybe come around
and talk a little like this.
My name's Arthur, son.
And yours I know is John.
I'm glad you came.
You're the first person
who's talked to me normal.
I mean the way people used to
before all of this.
And yet John says you
saw him that evening.
You saw him with Fran at
the bridge, you even waved.
No honest, he's making it up.
I didn't go anywhere near the bush.
The bridge.
No, not there either.
Honest it's the truth.
You be sure it is.
I don't want any witnesses
of mine called lying
on the stand, you understand?
Yes sir.
Yes sir, I know.
So how about later at John's house?
He said you came over and asked him
if he'd taken Fran into the bushes.
Yeah, I remember that.
His mom was just leaving with Mrs. Linden.
Yes.
But why did you ask him
if you'd taken the girl
in the bushes if you hadn't seen them.
Somebody must have
told me, one of the kids.
Who Frank, believe
me it's very important.
I can't remember.
You have to.
Look, this is the way it happened.
I'll tell you exactly even
though I promised I wouldn't.
I didn't see them.
But when I went to John's he
was acting kind of strange.
Then he asked me if I do 'em a favor.
He said that if anybody
should ask me, I should say,
I'd seen him at the bridge earlier on,
but he didn't explain why.
After I found out what
happened, I couldn't do it.
But that's how I knew
they'd been together.
He told me.
(John panting)
(soft music)
♪ Go down by the sea ♪
♪ Surrender to the sun ♪
♪ Find the one you used to be ♪
♪ Forget what time has done ♪
♪ Go down by the sea ♪
♪ And heal your heart ♪
♪ Too many memories ♪
♪ Are tearing you apart ♪
♪ Your eyes show your tired soul of love ♪
♪ Of lose or win ♪
♪ All friends know ♪
Fran, do you still like me?
[Fran] I like you.
How much.
I mean, do you still really like me?
[Fran] I told you I liked you, John.
Well, do you still wanna go
out with me and be with me?
[Fran] No, not all the time.
How come?
[Fran] I don't know, John.
I just don't wanna stay
with you all the time.
I wanna be with other guys too.
Do you like some of those other guys
better than you like me?
I like some of them
just the same as you.
♪ All friends know you've got to go ♪
♪ And let your heart begin again ♪
♪ Go down ♪
Then that means that
I'm just another guy.
[Fran] I said, I liked you, John.
♪ Surrender to the sun ♪
♪ Find the one you used to be ♪
♪ Forget what time has done ♪
♪ Go down by the sea ♪
♪ And heal your heart ♪
♪ Too many memories ♪
♪ Are tearing you apart ♪
♪ They're tearing you apart ♪
(upbeat music)
What's the matter?
Nora what's wrong?
Nora?
Nora.
Nora, what's wrong?
What's bothering you?
Leave me alone.
I'm not gonna leave you alone
until you tell me what's wrong.
Is it John, what is it?
I don't know.
What do you mean you don't know?
What are you crying about?
I don't know if we did the right thing.
Of course we did the right thing.
Now don't worry about it,
we both went to court,
- we both testified.
- Leave me alone.
- Now don't worry about it.
- Leave me alone!
[Attorney] Do you
recognize this, doctor?
[Doctor] Well, this
contains the contents
of the victim's stomach.
[Attorney] How did it come to be here?
Well, I did it myself.
Yes, you can see my initials
on the label on the June 14th,
the day following the
discovery of the body.
Yes, well now Dr. Parsons,
could you describe the
contents of this jar
for the benefit of the jury?
Objection, My Lord.
Is this really necessary?
Well?
It is relevant, My Lord.
If your Lordship will allow me a minute I-
- Very well, very well
proceed, but briefly please.
Doctor.
Well, it contains about a
pint of a meal of mixed meat
and vegetables.
It was probably a thick lumpy stool.
This kind of evidence
is very valuable to us
in fixing the time of death
with a fair degree of certainty.
And what is your
conclusion in this case then?
Well, the victim made
her last meal about 5:30.
It was still largely undigested
at the time of death.
It was poorly chewed, but
taking that into account,
it could have been in the victim's stomach
no longer than two hours
while she was alive.
That would place the
time of death at 7:30,
I'd say between 7:15 and eight
o'clock with 100% certainty.
(indistinct chatter)
Order order in this court!
Order!
It is your professional
opinion then doctor
that the victim died
between 7:15 and 8:00 p.m.
That is correct.
Thank you, sir.
That is all, My Lord.
(indistinct chatter)
Doctor, the time period you give
as the period in which death occurred
is almost exactly identical
to the time period
mentioned in earlier testimony
concerning when John Robinson
was with Francesca Bailey that evening.
There's no need to hide the fact, Doctor
the murmur in the courtroom tells us
that everyone recognizes it.
And no doubt at this moment,
the jury finds it very interesting.
Well, I say that I find
it damn well suspicious
and the most remarkable coincidence.
Don't you agree, Doctor?
[Attorney] Objection,
objection Your Honor!
[Judge] Objection
sustained no more, no more.
These implications are disgraceful
and so is your language.
I won't tolerate it in my court.
Forgive me, My Lord I
owe the court and apology.
It's all money and the power.
They got Mr. Bailey, he has money.
He can afford all those
people and all those experts.
My dad can't.
That's why I'm here.
And you,
you can't get me out because
you haven't got enough power.
My dad promised.
And my mom.
But I'm here all alone,
and they can't do anything.
(tense music)
Do you ever lose your temper, John?
Sometimes.
Sometimes I do.
And what do you do then?
Please.
I'm tired, I'm tired!
Do you ever hit people
when you're angry?
No, I don't hit people.
Stop!
It hurts!
It hurts!
Stop!
John, John there's
nothing to be frightened of,
now don't be afraid.
Just try and remember you
were in the woods with Fran,
did she make you angry?
Woods?
[Doctor] That's right,
she made you get mad.
Did you hit her, John?
It wasn't your fault.
It wasn't your fault?
It wasn't my fault.
Wasn't my fault.
The blood.
What do you remember about the blood?
Why are you mad at me?
Frank beat them!
Stop!
Stop!
Is that when you hit Fran?
Fran?
Yes John, Fran. Why did you beat her?
No, I never beat Fran.
I never did.
You were just telling us a
moment ago, John, remember?
Frank, Brucey.
Stop!
Stop!
[Doctor] John how did you get your penis
all red and swollen?
I fell off my bike.
Tell the truth, John.
I fell off my bike.
Is that all, wasn't there
anything else that happened?
I touched it.
I shouldn't have touched it.
It fell good.
His underpants were kept.
I had to look at them myself at the time,
later they were examined at the lab.
At the time?
Yes at the time that
I examined the accused,
that would be the second
day following the murder.
And what were your observations?
Well, they were badly soiled, fouled,
obviously been wearing
them for a number of days
or likely so.
They were stained at the
rear and had urine and sperm
in the crotch.
Sperm, Doctor.
How did you know it was sperm?
Well, I didn't know for
sure, but I thought as much.
It was confirmed later by
the lab, that's how I know.
[Attorney] And did the lab
tests show anything else?
Yes.
Blood in small quantities of the area
in the front of the crotch.
Now doctor, I ask you this,
would these conditions be
consistent with sexual assault?
Could the soiling you describe
be accounted for in this way?
Yes, it could be.
It's possible.
You also examined the boy physically,
including the genital
area, is that correct?
[Doctor] Yes.
[Attorney] Again, what
were your observations?
Well, it was very sore looking,
quite swollen and reddened near
what you call the distal
end, and the business end.
There was a scab had formed over a rip
or cut along the left side of it.
From the state of healing
I would say about two or three days old.
[Attorney] Can you
explain how such an injury
could be caused.
A head long fall could have
made those kinds of scrapes,
I suppose.
You see, I've never really
seen one quite that sore.
Well, now I did attend
one once some time ago
that a cow had stepped on.
Now that was a lot sorer.
(audience laughing)
That was the last-
- [Judge] Order! Order! Order! Order!
Order!
Order!
[Doctor] It seems that this fall-
- Yes, yes, yes, yes, yes, Doctor.
Could these injuries have been sustained
during a sexual assault?
Well, yes, that'd be one way.
[Doctor] Fran didn't really want to ride
from the highway with you, did she, John.
You invited her somewhere, didn't you?
Take Fran see the ponies.
Ponies.
[Doctor] Yes, John. Fran is with you,
but instead of going where
you said you were going,
you went off into the bushes.
No.
To ponies.
Ponies.
Fran is so pretty, John.
You wanted to be alone
with her into the woods.
Isn't that right?
Went hopping into the bush.
Didn't you?
Mom.
No!
No!
What did you do, John?
Feed her to the fishes?
What did you do, John?
Feed her to the fishes?
What did you do, John?
Feed her to the fishes?
What did you do, John?
Feed her to the fishes?
(indistinct chatter)
The circumstances surrounding the murder
of this little girl are revolting.
Revolting.
And you may ask who but a monster
could be guilty of such a thing.
Now the accused is charged
with this monstrous crime,
and he is about 14 years old.
And this is it.
You must not permit this lad's
youth to sway you in any way
from bringing in a verdict
in accordance with your conscience.
Finally, gentlemen, let me say this
before you arrive at a
verdict in this case,
you must examine each piece of evidence.
Is it consistent with the boy's guilt,
inconsistent with any other conclusion?
It's not this bit of evidence
or that bit of evidence,
but the cumulative effect
of the whole on the whole.
Is there any other conclusion,
but that this boy
murdered Francesca Bailey.
If you think there is you will acquit him.
If the evidence raises
a doubt in your mind,
you will acquit him.
But when I say a doubt, I
mean a reasonable doubt,
not a foolish doubt and not doubt
because you are hesitant to do your duty
while I trust that you will
accept your responsibilities
in this matter.
You will bring in a verdict in accordance
with your conscience,
but do not forget either
what I said about the onus of proof.
The onus is on the Crown.
There is no burden
whatsoever on the prisoner
to prove his innocence.
And that must be remembered.
It is for the Crown to prove
guilt and you must be sure.
Now, gentlemen, let me say this,
you may bring in a verdict of not guilty,
the jury is always able to do that.
You may bring in a verdict of not guilty.
You may bring in a verdict
of guilty as charged,
but as I see it, gentlemen,
there is no other verdict
open to you in this case
on this evidence.
[Congregation] Father
in the gracious keeping,
lead me now, thy servant speaking.
There the tears of earth are dried.
There is hidden things are clear there.
The work of life is tried
by a juster judge than here.
There no more the powers
of hell can prevail
to mar her peace.
Christ The Lord shall guard her well,
He who died for her release.
Earth to earth, and dust to dust,
calmly now the words we say
left behind we wait in trust
for the resurrection day.
[Priest] The Lord is my
shepherd I shall not want.
[Congregation] The Lord is
my shepherd I shall not want.
He maketh me to lie
down in green pastures.
[Congregation] He maketh me
to lie down in green pastures.
[Priest] He leadeth me
beside the still waters.
[Congregation] He leadeth
me beside the still waters.
[Priest] He restoreth my soul.
[Congregation] He restoreth my soul.
[Priest] He leadeth me in
the path of righteousness.
[Reporter] Headlining the news tonight,
sentence has been handed down
in the rape murder trial of
14 year old John Robinson.
[Priest] Yay, though I
walk through the valley
of the shadow of death.
[Congregation] Yay, though
I walk through the valley
of the shadow of death.
[Priest] I will fear no evil.
[Congregation] I will fear no evil.
[Priest] For thou art with me.
[Congregation] For thou art with me.
[Priest] Thy rod and
thy staff they comfort me.
[Congregation] Thy rod and
thy staff they comfort me.
[Priest] Thou preaparest
a table before me
in the presence of my enemies.
[Congregation] Thou
preaparest a table before me
in the presence of my enemies.
[Priest] Thou anointeth
my head with oil.
[Congregation] Thou
anointeth my head with oil.
[Priest] My cup runneth over.
[Congregation] My cup runneth over.
[Priest] Surely goodness
and mercies shall follow me
all the days of my life.
[Congregation] Surely goodness
and mercies shall follow me
all the days of my life.
[Priest] And I will dwell in the house
of the Lord forever.
[Congregation] And I
will dwell in the house
of the Lord forever.
(bell tolling)
[Priest] For as a much as
it please to almighty God.
His gracefulness shall
take unto Himself the soul
of this murdered child.
(bell tolling)
Dust to dust, ashes to
ashes, dust to dust.
(suspenseful music)
(footsteps pattering)
Gentlemen of the Jury,
have you reached a verdict?
We have.
And how do you find
the accused as charged,
guilty or not guilty?
Guilty as charged, My Lord.
(indistinct chatter)
Order, order in this court.
Order!
With a recommendation for mercy.
Mr. Registrar.
Have the prisoner stand, please.
The sentence of this court
upon you, John Robinson is
that you be taken from here to the place
from once you came and there
be held in close confinement
until Monday, the seventh day of February
and upon that day and date,
you be taken to the place of execution
and that there be hanged by
the neck until you are dead.
[Narrator] The film you have just seen
was based on a true story,
the 1959, Stephen Truscott case.
As you have witnessed
Truscott at the age of 14
was found guilty of rape and murder.
He was held in death row
awaiting his execution
for nine months, just two
hours before his sentence
was to be imposed the
government bowed to enormous
public outcry and commuted the sentence
to life imprisonment.
Truscott was paroled
after serving 10 years
in federal penitentiary,
he is now living under an assumed name.
He is married, has two children
and is currently employed
as an auto mechanic,
a trade he learned in prison.
The controversial case
remains a glaring testament
to the potential fallibility
of a civilized world's judicial system.
Recently when shown this film,
Truscott remarked that he
liked it and added that,
"it gave a good insight into
what it was like at the time."
To this day, he proclaims his innocence.
"At no time did I ever say I was guilty.
I definitely am not, and I
will never say I am guilty.
In all the world today,
only two people really know I'm innocent.
One of them is me, the
other is the killer."
♪ Old friends know you've got to go ♪
♪ And let your heart begin again ♪
(soft music)
♪ Go down by the sea ♪
♪ And hear ♪