Criminal Justice (2008–2009): Season 2, Episode 5 - Episode #2.5 - full transcript

Juliet eventually takes the stand and starts to be more forthcoming. She points out that whilst her second pregnancy was not the result of a rape Joe had sexual demands and would bully her into intercourse, punishing her if she refused. She had the knife under the pillow for her own protection but did not intend to murder him. Thus she is presented with pleading to the lesser charge of manslaughter and the episode ends on the verdict and Juliet's consequent sentence.

How often do you get that
in a jury trial? By the way,

you did it beautifully.

If that's a word you can use about cross
examining a traumatised 13-year-old.

You can. You have to be able to say
that, or you're not a proper lawyer.

What would you be?

We need to go downstairs.

You said you'd be gentle.

- She was.
- Did you see her shivering?

When you agreed to run provocation
I said there would be consequences.

Dealing with those

and understanding why they're
a good thing, that's responsibility.



Something that was sucked out
of your life by that man.

Ella calling out for you like she did...
It's so helpful.

The jury liked it, you mean?

Helpful that they saw my daughter
shaking like...

and made to feel like a liar...

- Sorry.
- It's OK.

I was on my own all the time
in that house.

I just want to...

Is this all right?

Everything works.

Cupboards open at just a touch.
Drawers slide in and out very quietly.

There's no noise, no mess.

When we had people over, everyone
would say what a lovely house we had

and Joe would say
it was all down to me.



"Actually, it's all down to the wife,"

with his tongue in his cheek
and everyone would laugh.

But it wasn't. It was him. He wanted
everything white and clean and...

it was all glass. You could see round
corners, you could see through walls.

There was no room without walls...

where you could just be...

It was glass.

No colour, no sun...

Sorry. I'm... sorry...

What do you want to say
about the house?

I hate it!

What's happening to me?

You're talking.

He could see everything.

He knew everything I did.

That night...

what were you worried
that Joe would find out?

I went out and I didn't tell him.

Kate's been saying
she wants to go to court.

- I told her no.
- Why didn't you tell me?

I've dealt with it.

She's not doing well at school.

She's fine. It's just that she's trying
to support her friend and...

"More effort. Unfocused.
Not the usual Kate."

If you won't believe me, believe them.

What do you want me to do?
Kick her out?

"Sorry. I know you're going through
the most traumatic experience

"a child could go through,

"but Kate's getting too many
bad grades, so you'll have to go?"

Life has to go on. All the normal things
don't just stop because of Ella.

Or your bloody Juliet.

You know what stopped me
from going mad?

- How do you know?
- You said you did it for her.

I thought I'd lose her.

Is that still going to happen?

What about my baby?

We have to get you off on the murder,

and then it's just the manslaughter
you're sentenced for.

You said probation was possible.

You have to know
that a custodial sentence...

18 months.

- What?
- That's how long

babies can be in the prison, then...

... if the sentence is any longer,
I'll lose her.

I miss Ella.

Not hugging your child, it's...

It's been a long time.

In the police station...

they were going to let me see her.

They?

One of the policemen.

What happened?

He broke his promise.

When did he tell you could see Ella?

After you'd left.

Before the second interview.

I was present when she was charged with
the attempted murder of her husband.

What was her reaction?

She asked
if she could clean her teeth.

Anything else you noticed
about her demeanour?

Earlier there was a lot of blood on her
- her husband's blood -

and she was very anxious
about her nightie.

Her nightie?

What about it?

It was on the wrong way round.

And she didn't like it like that.

It was very important to her
that it be...

... the right way round.

What were you doing just before
seven o'clock that morning?

I was in the canteen
writing my notes.

You were nowhere near the canteen.

You were down in the cells

telling Juliet Miller
she could see her daughter

if she gave you a second interview.

And it was made very clear to her
what you wanted her to say

in that second interview.

No, never happened.

So, if we were to ask Ella,

about you
setting up a chance encounter

between mother and daughter
in the cell area,

to soften up
an already deeply distressed woman,

it would be amazing if she came down
on her mother's side.

It didn't happen.

Are you saying
the defendant is lying about this?

There's no other explanation
I can see.

Unless of course it's true.

You stopped thinking the moment Juliet
Miller arrived at the police station.

You never countenanced
the possibility this woman

could be a victim of abuse,
because that's not how you ever think.

Actually, it's all we do think about.

Domestic violence
is right at the front of our heads,

- so I think it's...
- Then you'll know...

that abused women present
as cold and matter of fact

when suffering from traumatic shock.

I'm fine-tuned
to spot a victim of abuse.

I'm telling you, Juliet Miller
is not what you think she is.

- He's lying.
- Yeah, and we can prove it,

if Felix lets us recall Ella
which will be hard for Juliet.

- So it'd better be her decision.
- Yes.

Are you all right?

Yeah. Fine. Why?

I'm fine-tuned to spot a victim of a
classy performance in the witness box.

Put Ella on stand by for recall.

Only standby?

I don't want her to be here
any longer than she needs to be.

Or you haven't had
instructions from Mum yet?

The Bible or affirming?

The Bible.

Is it right, that the Drug Squad

were carrying out
a surveillance operation

on the Regent's Canal,
between January and March?

And do you have
the surveillance log with you?

Can you look at the entry
for March the ninth.

You're not looking at it.

I know what it says.

Is there reference
to someone labelled RM in the log?

- Yes.
- Who is that?

That's Joe Miller. Running Man.

And, is there reference
to someone labelled "J" in the log?

Who is that?

A drug dealer working the canal.

And is there contact between RM and J

on March the ninth?

3:47pm. The log says

RM stopped and talked to J and
something was passed between them.

Is it right that £620
in twenty pound notes

was found in the pocket of Joe Miller
the night he was stabbed?

- Yes.
- Is there a point to this, Miss Klein?

Or are you just throwing mud around?

Thank you, your honour, for your...

guidance. We will return to this
with another witness.

Were you
in the police station at 6:55am

on the morning of March the tenth?

- Yes.
- Did you see DI Sexton?

- Yes.
- What did you have to eat?

- I'm sorry?
- Well, Sexton tells us

he was in the canteen between
6:30 and 7:30,

writing up his notes.

That's where you must have seen him...

at 6:55.

It must have been.

I don't need to remind you
that you are still under oath.

No. You don't.

- I lost an hour for you.
- I know. Thank you.

- You made me lie on oath.
- It wasn't me.

- Of course it was you.
- I had to corroborate your lie.

It's your choice.
You could have gone either way.

Us and them,
whether you like it or not.

When it comes right down to it,
on oath, you're one of us.

I was upstairs
in the bedroom with Joe.

I went downstairs.

I took a knife from the kitchen.

I came back upstairs with it.

What did you intend to do
with the knife?

Use it.

Now, would you please help the jury

by telling us about the tone
of the defendant in interview?

Matter of fact.

Thank you.

Have you discussed
your evidence with your husband?

All police officers do it
and then they pretend they haven't.

So when did you first discuss
the investigation with your husband?

Well, we were together
at the station on the first night.

And did you see him
around 7:00am the following morning?

Where?

In the cell area.

6:55 am.

You're able to be very precise.

My life is full of shifts

and notebooks, you know...

Time matters.

I'm never wrong about it.

Anyone who suggested

that your husband was in the canteen

at this precise moment
would be a liar?

My mum has this expression.
Pants on fire.

Meaning liar?

Yeah. Exactly.

Brilliant.

Police officers can tell lies.

It always helps for a jury
to remember that.

The question is why Jane Grady
is grassing up Juliet on the rape?

What's in it for her?
Where are you going?

- One thing solicitors always do wrong.
- What's that?

We spend our lives reacting to evidence
and not enough time gathering our own.

Lying doesn't bother you, then?

What percentage of defendants
who stand trial are guilty?

As in, they did it?

90%? Maybe more?
Any brief out there off the record,

they'd agree with that.

- Does lying bother you?
- How many get off?

- That's what I need to know.
- At least half.

You know what?

I'm not really going to feel that bad
about playing the game hard.

But you are playing God.

So if you'd have known
what the party line was

would you have lied?

Would you?

You lied, sir.

Why?

Because he doesn't deserve
to lose his career over this.

He's a good police officer,
doing his job.

Doesn't make him a good man,
though, does it?

Are you all right?

I'm all right.

Quite

pregnant. But I'm fine.

You haven't told him.

Why not?

Because I don't want to.

Are you tired?

Let's go home, eh?

Come on.

I'm not coming home.

- How do you know?
- I went to her house.

She never said anything
about a child.

Did you ask?

- What did she say?
- No

- She would say that, wouldn't she?
- How old is she?

Twelve, thirteen.

She said she wasn't raped
by her husband.

She couldn't have been more clearer.

Are you a liar?

Why?

Did you tell the defendant
that you have no children?

Is that true?

So you denied yourself
any contact with your daughter

whilst you were on remand?

Yes, six months.

If she had visited
the authorities would have found out.

Well, you must have missed her
a great deal?

Yeah, I did.

After six months
it must havebeen unbearable for you.

So you gave a statement to the police
about Juliet Miller

and two days later
you were released on bail.

You'd do anything for your daughter,
wouldn't you?

I would.

Lying to the police about a prisoner
must have come very easily.

I'm telling the truth.

She knows it.

Ask her.

Joe was the truest, best,

most decent human being I ever met,
and I can't stand it that he is dead,

and I will not stand by
and have his name taken in vain.

What was he doing with £620
in his pocket this day?

- I gave it to him.
- You usually carry that kind of money?

Between you and me,
and thesewalls, yes.

One of the notes found
has fingerprints on it

belonging to a known drug dealer.

Is that what you're trying
to pin on Joe?

His daughter is outside.

Bring her in here.
Put it to me, in front of her

that her father was involved
in drugs.

What's the matter, darling?
You ain't got the balls?

- It's what you do, isn't it?
- What?

Avoid answering by asking back.

- You want me to answer?
- Yes, please.

I gave him the six hundred

and when it's stopped
being an exhibit

it will be going to the charity
it was intended for.

It's part of your job to lie?

You protect your people
and you don't care how you do it.

And just because Joe Miller is dead
it doesn't stop you lying for him.

Bank statement. March the ninth.

£600 from the hole in the wall
round the corner from the chambers.

Timed, dated.

Here you go.

He was running the marathon
for the prostate cancer charity

Cos that's the man he was.

And I sponsored him
twenty six twenties, plus gift aid.

Only secret he ever had from me.

What secret?

Do I have to say?Yes.

He was running for the 10,000 men

who die of that cancer
every year in this country.

And he was running for me.

Nice.

Is that the right word?

Everyone loves a victim.

What? I'm making it up?

Excuse me.

I've got to take a piss.

- Shit.
- Shameless opportunism?

Is that what the jury will thinks?

You knew...

What's Ella doing here?

We might need her again.

Did you see her shaking
after the last time?

So opportunism and heartlessness?
The jury are going to love you.

I don't know where
you lot get the front.

He's right.

There's a woman,
every time I stand up

she folds her arms.
Jury are not with us, Jack.

We have to get
something out of Ella.

She should go to prison?

I can't say, Ella.
It wouldn't be fair of me.

But what do YOU think?

Did you see your Mum

at the police station?

Anyone suggesting otherwise

would be lying?

Did my Mum say she didn't see me?

She said she did see you.

DI Sexton said she didn't see you.

So which one's telling the truth?

I don't know. I can't remember.

Do you think your mum

is lying?

She killed my Dad.

- He was so nice to her.
- You can't know that.

You weren't with them all the time.

For example you can't know
what happened between them,

in their bedroom?

But I can.

I do know.

What do you know?

He said nice things to her.

Like "I love you"?

I'm sorry, Ella, but...

you want to believe it,

so your mind makes you
feel like it's true...

I heard it.

How did you hear it?

I sat on the stairs.

I used to sit... on the stairs.

Did you hear anything else?

What did you hear?

He said it really softly.

What did he say?

We can't hear you, Ella.

"Roll over. Roll over, baby."

- Please, I don't want this.
- Mrs Miller, Please.

- My Lord, I really must object...
- Say it louder for the jury.

- We need to see what she has to say.
- What's happening?

You need to say it
once more for the jury.

"Roll over."

"Roll over, baby."

I love you.

Ella, please...

- We'd better have the jury out.
- Jury retire.

I love you.

It's OK.

I love you.

It'll be all right.

What did Ella mean?

You had a shower.
Just before Joe got home. Why?

- I don't know.
- Yes, you do.

Joe knew you'd had a shower.
Was that why he was angry?

- Where's Anna?
- You knew he'd be angry.

When did you find out
you were pregnant?

Was it that day?

Why would that make him angry?

How did you do that to your hand?

It's the burn from the dishes.
It's gone funny.

- After all these months? Not true.
- Why are you doing this?

This is not half of what they'll do in
cross examination. You have to be ready.

Why was Joe angry that night?

Come on.

Come on!

We haven't talked about
the life insurance on the computer.

I know how low you can get
when your life is not your own.

It was you on the computer,
wasn't it?

And I think I know why.

I'm right,

aren't I?

Don't tell anyone.

Promise.

I've believed in you

from the start.

This is the end now.

This is where you do it
for yourself.

Anything from her
on the life insurance?

- Nothing.
- They'll know, won't they?

If I don't bring it up in chief, Nick
will go for her in cross examination...

Then Juliet will be forced
to deal with it.

There's something you should see.

Cheers.

Why did you love him?

He was funny and warm

and he made me feel like
the most important person in his life...

And then he'd turn.

He'd pick on something I'd done,
or hadn't done,

and it was so hard trying
to do the right thing...

all of the time...

every single minute and trying
to work out what the right thing was.

So what would happen
when he... when he turned?

He'd be angry.

Was he angry the night
it all happened?

Was he ever angry with Ella?

With you in front of Ella?

- So she never saw him hurt you.
- He didn't hit me.

But in a way I wish he had.

Because then
it would have been clear.

I would have known exactly
what it was he was doing.

You see,
I'd see him with Ella and...

I couldn't see it...

How could he hide it so well?

And then I started to think
I was going mad.

Do you think he knew that?

- What?
- That you thought you were going mad?

He knew everything about me.

All of the time.

- Do you think he wanted you mad?
- A leading question.

- Re-phrase it, please.
- He told me.

What?

He said,

"You're not very well,
and it's going to get worse.

"But don't worry,
because we're going to look after you."

Who did he mean by "we"?

Him and... Ella.

Thank you.

Who instigated sex
the night Joe died?

- I did.
- How?

We were in the bedroom...

Yes. How?

I touched him.

Where?

So you aroused your husband?

This is your reaction to being
frightened of him, is it?

Is your daughter a liar?

Well, she told us she heard Joe
say that he loved you.

You can't both be right, can you?
So I'm going to ask you again

is your daughter a liar?

No, doesn't fit with your story,
does it?

Your claim to victimhood
doesn't fit with a husband

who tells you he loves you
moments before you stab him.

I'll come back
to what happened in the bedroom.

First I want to ask you about
afterwards. You went downstairs.

You put a coat on.

I thought I might be cold.

You thought you might be cold...

and all the while Joe was lying
bleeding upstairs?

Did you think he was going to die?

That's why I came to the hospital.

An hour and a half later, yes.

Where had you been?

I'd been walking in the park.

I didn't know what to do.

Did you think about Ella
and what she might be doing?

You don't understand.

I understand that you left
your 13-year-old daughter alone

with her grievously wounded father.

Did Joe see the knife
you brought into bed with you?

Why not?
It's had a seven inch blade.

I'd...

hidden it.

And was hiding the knife something
you'd thought about doing

while sitting in the chair
in the bedroom all that time?

I suppose so.

So there was nothing spontaneous
about your actions. Was there?

Everything you did
was a calculated decision.

God knows you took your time.

No, there...

Not easy manoeuvring yourself in bed
to get the force needed to

drive the knife into the body
so hard that it stays there.

How did you do that?

I can't explain.

Then why don't you show us?

Why not?

I was just so frightened.

You tell us about being frightened
and the danger you're supposed to be in.

Why didn't you leave?

Why come back upstairs?

Why not walk out the door?
Was anybody stopping you?

Why not leave, when you were sitting
in the bedroom, thinking Joe was asleep?

So many opportunities
to just walk away.

I had nowhere to go.

The park? The police station?
The Rose house?

And what would I have said?

You mean it would have been awkward?

Embarrassing?

So you chose sticking a knife
in your husband's abdomen

over social embarrassment?

Why did you choose this knife

over this one,

or this one?

Grip? Size? Sharpness?
Which is the sharpest of the three?

Thank you.

Hold it up so the jury can see,
will you?

Which has the longest blade?

This one.

Which knife did you choose?

This one.

Thank you.

The other two knives were found
lined up on the kitchen counter.

Did the murder weapon
form a part of this line-up?

So you lined them up to look at?

Pretty clear rational decision
making process, wouldn't you say?

Did the shoes you put on
before leaving the house have laces?

Did you tie the laces?

Yes, which coat did you wear?

- My grey one.
- Sure?

It was under another coat
in the coat cupboard.

- Whose?
- Joe's.

You tied your laces, you picked out
your coat from under your husband's,

you put his coat back in the cupboard,
you put your coat on?

A matter of moments after
you had stuck a seven inch blade

in your husband's abdomen? Then left
your 13-year-old daughter alone,

to deal with the horrors
you had brought about?

What kind of a woman are you?

I'm tidy.

Tidy people check their insurance
policies, don't they?

On the computer.

5:01pm on Monday March the ninth,

just before you gave your husband
the knife wound that caused his death.

Is that you on the computer?

Juliet Miller?

Court needs a record of your evidence.
You have to say the word, please.

We'll take a short break.

Might I have a moment
to take instructions, my Lord?

You have to go for her.
Really go for her, push her.

This has to be a cross examination,
not re-examination.

Ask her what she took
from the house.

Can't.
It hasn't come out of cross-examination.

Yes, it has.

He went on about her shoe lace,
about her coat. Just do it! Trust me!

What did you take with you
when you left the house?

- I threw it away.
- What was it?

- Why are you doing this?
- What was it?

Vaseline.

Was it yours?
Joe's?

What did he use it for?

- Why take it with you?
- Can I have a break?

Why were you looking
at the life insurance on the computer?

I wanted to know
what there would be for Ella if I...

If you what?

If I wasn't here.

Why would you not be?

I couldn't do it any more.

Do what?

What couldn't you do?

- What he was doing to me...
- And what was that, Juliet?

What does "Roll over, baby" mean?

He was buggering me!

Was that always what happened?

Did you have
normal sexual intercourse?

Was it against your will?
How did that make you feel?

It hurt.

And it felt like he hated me.

Like I was worthless.

And then, this night, or...

... this time, he was so angry.

What have you done to your hand?

- I've cut it.
- How?

Accidentally?

What? Deliberately?

It makes the pain better.

What pain?

The pain inside...
The pain inside better.

What happened when you got back
into bed with Joe that night?

- I can't.
- You can.

You have to.

I lay down on my front next to him.

I closed my eyes.

I felt him climbing on top of me.

I had the knife
underneath the pillow.

He pulled my legs apart.

I was going to lie down
on the knife.

I was going to turn it

and point it

and let myself down onto it...

... but I couldn't.

My baby

was inside me
and of course I couldn't.

And then something snapped.

- It was suddenly the only way.
- What did you do?

I turned my head to the side.

I saw him close his eyes.

I slipped the knife out
from underneath the pillow

and I drove it back and up.

And into him. As hard as I could.
It went in so easily.

When you were in the police station,

why did you want to turn
your nightie around?

It had his blood on the back of it.

Didn't want anyone to know
how he'd hurt me.

Why not?

I feel ashamed.

Anal sex and no normal intercourse.

Really?

The evidence that you're a liar

is in the Mother and Baby Unit
at the prison.

She isn't his.

What did you say?

The baby.

She's not Joe's.

You didn't tell me.

You knew about the suicide business
and you kept it from me.

- I promised I wouldn't tell anyone.
- So you chose her over me?

Why are you talking about this?
She just got the truth out!

- She wouldn't have without me.
- The truth is she was unfaithful

The baby isn't his.
The truth is bloody killing us.

There are nine women on this jury.

I know what I'm doing.
I'm saving her life.

Tell me.

Once.

When?

Months ago.

You're the father.

Oh, my God.

Go to court and tell them the truth.

You don't mean that.

Somebody has to tell the truth.

It was just once.

Over a year ago.

You're her doctor.

You knew
all about her mental condition.

So this was a complete
breach of trust.

Yes, it was.

Did she come to your house?

Did she call you
to make the arrangement?

She was supposed to be depressed
at the time?

She was depressed.

I felt sorry for her.

She instigated the meeting.

And when she got there,
who made the first move?

She did.

Thank you.

It was my responsibility.

She was vulnerable
and she needed help.

I took advantage of her.

It's my fault.

Not hers.

I will always be sorry
for what I have done.

Go back to the jury room.

Examine the evidence
and consider your verdict.

It's OK. It'll be all right.

Will the foreman please stand.

Have the jury reached a verdict
upon which you are all agreed?

Do you find the defendant
guilty or not guilty of murder?

Not guilty.

Systematic,

cruel,

extraordinarily creative.

The abuse this defendant suffered
at the hands of this man

was directed at taking away
her entire identity.

This was extreme emotional control,

exercised over a long period,

and, in the defendant's own words,
it was there all the time.

I ask my Lord to take into account
the level of abuse

when considering sentence.

I ask my Lord to take into account,
this woman's good character,

and the period she has spent in prison
with a very young baby.

Juliet Miller has two children.

There is nothing to say
she won't become a good mother to them

once she is free from her traumas.

Give this woman and her daughters
a future.

Will the defendant please stand.

You have been found
not guilty of murder,

a verdict with
which I entirely agree.

I have had the very great benefit

of listening
to all the evidence in this case

and it has helped me a great deal

in considering the sentence
I must now pass for manslaughter.

I take into account

all the mitigation put forward
on your behalf

and your plea of guilty

and I reduce the sentence
accordingly.

I have to tell you,

that I consider this crime
to be right at one end of the spectrum

in cases of this kind and I
have therefore decided

that you will go to prison
for five years.

You will serve half of this term,
before being released on licence.

It's too long.

My baby...

I'm sorry.

It's not time.

- It's almost quarter past.
- It's not time.

We wait.