DCI Banks (2010–2016): Season 2, Episode 5 - Innocent Graves - Part 1 - full transcript

I want you to show me
your fear.

Show me your fear.

Ask yourself what you're afraid of.

It's following you down the road.

You can't turn your head because,
if you do, you will see it.

You are terrified!
You are petrified!

- What the hell's going on?
- Sorry, Owen, it's her.

Becca, stop making her laugh.

Ellie, really good, but you
could allow yourself to be...

..more vulnerable.
And then it'll all come.

Concentrate.



- Bye, babe.
- Becca?

"I want you to show me fear!"

DCI BANKS
Innocent Graves

ITFC Subtitles
Sync: Marocas62

Season 3 - Episode 05
Part 1

Right.

Right.
Yes.

Right, thank you.

Insufficient evidence
to warrant a charge of murder.

Sorry, Ken.
I know how hard you worked on this.

We all did.

We can still get him
for manslaughter.

- It's twice in two weeks, Ron!
- I know.

First Draper, now Sheldon -
both knocked back by the CPS.



- I know.
- It's affecting morale.

God knows what it's doing to
public confidence. Am I right?

- You are right.
- Thank you.

Every time we talk about this,
you're right.

Apparently you don't actually
need a pub to be a pub bore.

I'm serious. If the criminal
justice system exists

to provide justice for
criminals ahead of victims...

Come in!

Sorry to interrupt.
Ellie Clayton's been found.

- Good.
- Who's that?

A 16-year-old girl
from Valley Edge,

been missing since last night.

Sorry, boss.
When I say found...

Boss.

Almost certainly
what it says on the tin.

Asphyxia by ligature strangulation.

I'd say between 12 and 15 hours
if pushed,

but definitely no more.

Have you got enough now?

And cover the body,
will you, please?

What about all the blood?

A scalp wound.

Not terribly severe but
they can bleed heavily.

Any signs of sexual assault?

Well, her underwear's
been ripped in two.

That doesn't actually constitute
evidence of rape.

Well, that's one
for the post mortem, I'm afraid.

I couldn't possibly say
from initial examination.

- No phone?
- Not yet.

Boss, there's a local at the cordon

asking to speak to
the officer in charge.

Inspector Banks,

have you got anything
that you can give me?

As soon as we can, we will.

Is it true that it's
Daniel Clayton's daughter?

Do me a favour, Glen.
Don't go speculating publicly

until the victim's been
formally identified, OK?

And has she been?

You've covered enough of
these by now to know how it works.

We do have a media liaison team,
Mr. Painter.

Come on. Look, this must be
the biggest thing that's happened

in this part of the valley
for years.

It's the biggest thing
that'll ever happen to one family.

As soon as we can, we will.

- Have you got anything?
- Detective!

DCI Banks,
DI Morton.

Mr. Clark lives in East Valley.

I don't know
if this is any use to you,

but sometime last night, after 8:00,

I noticed a car
half blocking my driveway.

So I kept my eye out and later saw
a chap I didn't recognise

getting in the car
in a bit of a hurry.

Can you describe him?

Well, the light was very poor,
I'm afraid, but...

he was definitely wearing
a cap and a leather jacket.

- And what about the car?
- Dark blue, very dirty.

The rear light was damaged.

Thank you, Mr. Clark.
That's very helpful.

Get him with E-Fit,
then run the car

and pass the details on
to the door to doors.

Thank you.

A pretty exclusive address,
even for Valley Edge.

So when will it be my turn to drive?

I've told you. It depends
on whose car we're in.

Right, so it's not a control thing?

Am I supposed to know
who this Daniel Clayton is?

You don't know what that is, do you?

It's an auction website.

You must be having
a positive influence.

- Anything?
- No, not much.

What I'd like to know
is what a 16-year-old

was doing alone in
a park late at night.

If it was one of mine, I'd...

Yeah.

- Mr. Clayton?
- No.

I'm Simon Harris,
Daniel's business partner.

Detective Chief Inspector
Alan Banks.

- DI Morton.
- Hi. Come in.

Every Friday after school,

she goes to her theatre workshop.

If one of us can't pick her up,
she'll get a cab.

Last night she phoned and...

asked if...

..she could go for a pizza
with Becca Smith.

She should have been back
by half eight at the latest.

She wasn't answering her phone,
so I tried Becca.

She knew nothing about a pizza.

She said that she had left Ellie
outside the theatre.

And...

Sorry.

I believe when Dan
came back from work,

he called the usual cab company

and they said that
Ellie hadn't ordered a car.

And that's when you call
the Harrises?

I said Dan should contact you.

Could we speak to Mr. and
Mrs. Clayton on their own, please?

- Of course.
- No, please.

I'd like them to stay.

Lauren, we need a full list

of all Ellie's friends.

Do you think you could help us
with that?

We weren't that close, to be honest.

- Is there a boyfriend?
- No.

No, there isn't.

You haven't even said
it's definitely her.

Nobody's actually said
that it's Ellie.

We believe the body belongs to
your daughter, Mr. Clayton.

But we will need someone
to make a formal identification.

I can't.

I'll do it.

We'll get whoever did this.

That's a promise.

Ellie Clayton,

last seen outside the
theatre on West Street at 7:30

after attending a weekly workshop.

Run by an Owen Pierce.

We were gonna talk to him
while you're at school.

We're trying to recover the CCTV
from the local area.

And we need to talk to the
other cab companies nearby.

Local uniform reckon this
sculpture is a meeting place

for teenagers, so was Ellie
meeting someone last night?

And if so, how
did she get there?

- And check her -
- Social media? Already on it.

Make sure you all get
a copy of this E-Fit.

Seen in Valley Edge
an hour before the murder

wearing a cap and leather jacket.

You have a description
of the car -

dark blue, dirty,
damaged rear light.

We need to find out who is he,
why was he in the area?

Then Daniel Clayton.

We all know how often
the person we're after

turns out to be sitting next to us
at the press conference.

Ellie Clayton -

she was young, pretty,
from a prominent family.

Needless to say, the media
are going to have a field day.

Public interest will follow

along with everything
that goes with it, OK?

I'll go and see him now.

Inspector Banks.

- Mr. Harris.
- Thanks for coming in.

I know you're very busy,

but I couldn't really
talk at the house.

That's fine.

You asked if Ellie
had a boyfriend.

Now, I was never able to establish
if that's what he was,

but a few months back
I was passing Dan and Soph's

and I saw this car
that I didn't know parked outside.

I caught Ellie
bunking off school

and hitting the drinks cabinet
with this horrible little shit.

Could you be more specific?

Older lad.
Older than Ellie, anyway.

20 maybe.

I managed to throw him out,
but if Ellie hadn't mediated,

there was no way he was going
without a fight.

- Do you remember the car?
- It was a convertible...

I know I was surprised
he could afford it.

Did you talk to the Claytons
about this?

No. I promised Ellie I wouldn't -

if she promised
not to see him again.

It would...
Dan would've...

It would have broken his heart.

Ellie was everything to him.

- And did she do what you asked?
- As far as I know, but...

Presumably you'd recognise him again?

Definitely.

Mr. Owen Pierce?

I was expecting you sooner.

Please, won't you come in?

Living room's just through there.

I can't claim to have known her
all that well,

but she was always
such a bright young thing.

So vital.

You know, there's...

There's some really twisted...

Are you sure I can't offer you
a cup of tea?

No.

So you actually saw Ellie
leave the theatre last night?

Yes, with Becca Smith.

Ellie's the more talented,
but Becca tries harder.

- It's often the way, isn't it?
- Then what did you do?

I just came straight back here.

- You live alone?
- I'm currently single, yeah.

- Any family?
- Not anymore.

And you didn't leave the house again
after that?

No.

Can anybody verify that?

That would be a bit difficult,
wouldn't it, because I just said -

You... picked up a takeaway
on your way home.

That...

is actually a few days old,

I'm ashamed to say.
I haven't done much cleaning up in here.

I've just been really snowed under
with work.

- What exactly is it that you do?
- DC Blackstone.

I'm a freelance theatre director.

I'm mounting a touring production
of Antigone...

..which is also a tragedy, you know.

We cancelled lessons, but...

it seems a lot of the students
would rather be here anyway.

That's understandable.

Ellie...was
an extremely popular girl.

And was she doing
well academically?

Yes. Yes, it was a huge
improvement this term.

Improvement?

She... wobbled a little a while back.

But nothing serious,

and we talked about it without
needing to involve the parents.

Ellie was a very mature young lady.

Becca Smith was her best friend.

She's through here.

Sorry I'm late in the office. Yeah.

Right, OK. Yeah, yeah, yeah.
Yeah, that's fine.

Yeah, but I'll need to see it
before you do that. Yeah. OK.

Listen, can I call you back?

Had Ellie ever done that before,
Becca -

lied to her parents that she was
with you when she wasn't?

Not as far as I know.

In order to meet a boy, perhaps.

A boy that maybe her dad
didn't approve of.

I don't think Mr. Clayton
would've approved of any boy, but...

- no.
- So no boyfriend at all?

Not at another school
or at the theatre group?

No self-respecting teenage girl
goes out with boys her own age,

does she, Becca?

There was nobody.

Not that I know of, anyway.

Maybe Ellie kept the boyfriend
a secret from everyone.

So why do so many teenage girls
go for older lads?

Because most 16-year-old boys
are immature and dull.

- What were you like at that age?
- Heartbroken, mostly.

Kate Saunders laughed in my face
when I asked her out.

She already had a boyfriend
with an Escort and a flick knife.

- Sounds like a lucky escape.
- Probably -

she went on to develop a drug habit.

No, I meant for her.

When I was 16, I went out with

a 28-year-old
roofer called Simon.

Can you drop me at the mortuary,
please?

- A lot of people -
- Sorry. I tried to sort it,

but they need to speak to you
as well.

Just give us a few minutes.
You can stay there.

Of course.

I'm sure you're
very much in demand.

A cap and leather jacket.
It's a match, Win.

- It's a perfect match.
- There must be hundreds of men

that own leather
jackets and caps.

- Doesn't make them a killer.
- He's lying about the takeaway.

- Possibly.
- Definitely.

How long have we worked together?
Trust me on this.

We're gonna need more than that
if we want to bring him in.

Will that do you?

Dark blue, dirty,
damaged brake light.

Mrs. Clayton, I know you've
probably had enough of us,

but would you mind showing me
Ellie's room, please?

Daniel, Inspector Banks
needs to have a look around.

- They've already searched the room.
- I won't be long.

They...
They took away her computer.

It will come back.

Take as long as you like.

Did Ellie keep a diary?

She did everything on her erm...

her phone.

You haven't found it?

No.

Obviously very
proud of her father.

And the company.

Would you say that Ellie
was closer to you or your wife?

I think girls gravitate towards
their fathers at a certain stage.

And...

Ellie and me -

we found we could talk.

About?

Anything.

Well, that's very rare.

She was more perceptive
than some women

twice her age.

And she was a great listener.

That's what made her so lovely
and attractive.

There's just...

No sign of recent sexual activity -
forced or otherwise.

Nothing recent?

- So she wasn't a virgin?
- No, no.

What else?

Well, there are no
defence injuries.

In fact, there's no indication
that she put up a fight at all.

What about this?

There's no bruising.
That wasn't caused by a blow.

It's more of a scratch, really.

Forensics?

We took a series of tiny fibres from
underneath the fingernails on both hands.

- Already at the lab.
- I'll get on to them now.

The last time I wore an outfit
like this,

I was promoting a tour of
A Clockwork Orange.

Isn't that the one where they...

rape and murder for fun?

It's about a bit more than that,
actually, Inspector.

Why were you hanging around
Valley Edge last night?

I...

wasn't.

Then why did the Golden Lotus
on Park Approach

confirm that you bought a takeaway
at 9:26pm?

When you told our officers
that you didn't leave the house

after coming straight home
from the theatre.

Have you spoken to Tyler Judd yet?

He joined my
workshop for a while.

That is until I had to ask him
to leave.

He was seeing Ellie Clayton,
I believe.

I thought you said
you hardly knew her.

How do you know
who she was seeing?

They all talk to me, the kids.

They kind of treat me
like I'm one of them.

Mostly the girls, strangely enough.

And you encourage that, do you?

In the workshop.

If it gets the required...

performance.

Did you find Ellie attractive,
Mr. Pierce?

Let's just say
I appreciate the female form.

Well, we can take that
as a yes, then.

Look, is my detention here

based solely on the
memory of some bloke

that works at the Golden Lotus?

Seriously.

You've got nothing,
nothing on me, so...

I'd like to go home now, please.

Not yet, Mr. Pierce.

Well, actually,
I don't think you can keep me here.

Actually, we can.

Well, in that case, I'd like to
speak to my solicitor, please.

Well?

Lonely, inadequate...

probably deluded
and quite possibly harmless.

We should get this Tyler Judd in.

Yeah, background first.
And sleep.

Yes, the 9:00?m press call.

It's a bit inconsiderate, isn't it -

asking you to face the cameras
that early?

Especially at your age

Mr. Clayton?

Anything of potential interest,
bag it.

So, please,
if anybody knows anything

that could help stop
whoever did this...

from doing it again...

please...

tell the police.

Sir?

What have you got?

Whoever she is,
she's got at least one fan.

Detective Chief Inspector Banks
will take any questions.

Inspector, is it true that
you've arrested a man overnight?

As Chief Superintendent McLaughlin
has already said,

we are pursuing several active lines
of inquiry

and it's important at this time -

Can you confirm that the man
in custody is Owen Pierce?

"Can you confirm that the man
in custody is Owen Pierce?"

I mean, what the hell does he think
he's trying to do?

Doing what crime reporters
are paid to do these days -

putting the story
ahead of the investigation.

Boss, found in Pierce's house.

Looks like Ellie
Clayton, don't you think?

- So who is she?
- Maddy Phillips.

Lives in Leeds now, but she was in
Pierce's workshop a few years back.

According to staff the theater,
they had a fling.

It's nice work, both of you.

Yes, but it's only an interesting
coincidence at the moment.

Let's get these in front of him
and hit him with everything.

Forensic report on
Owen Pierce first.

You two bring in Tyler Judd and
we'll visit this Maddy Phillips.

Then we'll hit him
with everything.

- Detectives.
- Glen Painter.

What are you doing here?

So it looks like I did the
same detective work as your team,

only I got here first.

And she has got
quite the story to tell.

If you don't report this responsibly
from the beginning,

it could compromise our investigation
and any subsequent trial.

I'm not trying to make your jobs
any harder,

but when these cases come along,
the world doesn't just stop

and wait for yous
to arrange a news conference.

- "These cases"?
- We should work together.

I'm sorry for outing him like I did,
but he did do it, didn't he?

I think perhaps
you're missing the point here.

- Thanks, Glen.
- I'll be in touch.

I was 17 when it started

and it lasted for about
two-and-a-half years, on and off.

I know he's older,
but he knew about acting,

and that's all I ever wanted to do.
I've got an agent now.

Why did you split up?

He got a bit... creepy.

He started making me
feel a bit nervous.

He didn't like me
talking to people -

well, men, really.

And then when I tried to end it,
he wouldn't take no for an answer.

He started pestering me and my mum

and only stopped when I threatened
him with a restraining order.

But he did stop?

Yeah, but I still didn't feel
safe. That's why I moved away.

Tell us more about how
he made you feel nervous,

specifically.

I don't know what Glen said,

but if we find that you've
withheld information

in order to profit
from it later,

you'll be in serious trouble.

Owen liked porn.

Not, like, regular porn.

More rough sex.

We play acted for a while, you know,
like role play.

Is that what he did
to Ellie Clayton?

Is that why you're here?
Could that have been me?

Would you be prepared
to repeat this in court?

In front of all those people?

I don't know.

Just facing Owen
across a packed courtroom -

it'd be really traumatic.

But you know, if you needed me to
to help bring him to justice,

then, well, I guess it's my duty,
really, isn't it?

Right, then, Mr. Pierce,

- I'd like to begin -
- Actually, I'd like to begin.

I made a mistake.

About the takeaway. I made
a mistake. I got my days mixed up.

It was an oversight.

That's quite an impressive record
you've got there, Tyler.

You must be something of a hero
amongst the aspiring car thieves.

Be even more impressive
if you hadn't been caught so often.

There's no sign
of sexual assault

or, indeed, any
kind of struggle,

which suggests to us that Ellie
may well have known her attacker.

It also suggests that
whoever killed her

arranged her clothes afterwards
to make it look like rape.

A carefully stage-managed scene...

..right down to the ripping
of her underwear.

No comment.

How long were you
seeing Ellie for?

No comment.

You're bored.
We're bored, Tyler.

How about we get the man who threw you out
of the Claytons' to come and identify you?

And we can see how far we get
with a charge of B and E.

Do you like
pornography, Mr. Pierce?

Maddy Phillips told us you do.

She said you particularly like
rough sex

and that sometimes
you won't take no for an answer.

I haven't seen Maddy for some time.

She still bears
some resemblance...

to Ellie Clayton.

So I was there.
And what?

She invited me in.

Then why keep it a secret?

She was 15.

And you were having
a sexual relationship?

What do you think?

She was always stressing
about her old man finding out.

They were like...

Don't know if he'd
be angry or jealous.

Know what I mean?

Where were you between 7:30 and 8:30
last Friday night?

Driving. And yeah, on my own.
And no, I don't have a car.

I leant it off a mate
who'll vouch for me.

Yeah, I'm sure he will.
But did anyone actually see you?

CCTV?

I tend to avoid it.

Mr. Pierce, why were you
in East Vale Valley Park

- on Friday night between 8:00 and 9:00pm?
- But I wasn't there!

Yes, you were!
You and your car were seen.

The witness provided us
with this E-Fit.

- He's lying.
- They're both lying.

We're gonna have to charge or
release within the next two hours.

All we've got on either
is circumstantial.

Not anymore.
DNA results on Pierce are in.

Cell three,
back to Interview Room 1 now.

To clarify, Mr. Pierce, you weren't
in the park on Friday night?

- No.
- How much longer are you going to keep me here?

And you didn't see Ellie
after she left the theatre?

No.

Why, then, are there traces
of Ellie's blood

on the jacket which you admit
you were wearing on that night?

OK,

I did bump into her.

- I think perhaps my client and I...
- No, it's fine. It's fine.

It's fine.
I was in the park.

Ellie appeared out of nowhere.

She...
She was cut on the head.

She...
She seemed totally disorientated

and she literally
walked right into me.

- Owen -
- I tried to stop her.

I tried to talk to her.

She, she ran off.

So I let her go.

Are you sure that's
what you want to say - on record?

Yes. I'm sure.

- I would like to suggest a break.
- Why were you in the park?

I was visiting Maddy's mother.

Well, I was waiting outside.

She lives near there.

God, I'm so stupid.

But it was an oversight.

Can I go now?

You do know the difference between
an oversight and a lie, Mr. Pierce?

Don't patronise me, please.

I haven't patronised you,
despite having to sit here

and answer questions
of a very personal nature

in the presence of a woman
who clearly hates men!

And my command of English language
is far better than yours, darling.

- Now I'd like to go!
- No.

You can go when
we say you can go.

- You dried-up bitch!
- Sit down, Mr. Pierce!

I want to go home!

Let's just deal
with what we know.

He's stalked women before.

Although Maddy Phillips
is a lousy actress

and she'll make
an even worse witness.

He lives on his own,
he uses specialist porn,

- he's into violent sex.
- Yes, but being a bachelor

doesn't necessarily make you
a sex murderer, does it?

- He's got no plausible alibi.
- And neither has Tyler Judd.

- He's lied to us throughout.
- And so has Judd!

I'm playing devil's advocate.

He's got Ellie's blood on his jacket.

OK. But if everything
hinges on forensics,

the fibres under Ellie's nails

don't match her
clothes or Pierce's.

- So what do you think happened?
- Well, I don't know yet.

But that doesn't make Pierce guilty,
does it?

My instinct says he is.

Your instinct can't be submitted
as evidence,

even assuming it's not compromised.

- Meaning?
- Is it instinct?

Or are you willing him to be guilty
for other reasons?

Like fear of not being able
to deliver

on a promise
you should never have made.

Yes, all right, thank you.

You are charged at sometime

between 7:30 and 8:30
last Friday evening,

You murdered Ellie Clayton
of Hillcrest Valley Edge.

You do not have to say anything,
but it may harm your defence

if you do not mention something
which you later rely on in court.

THREE MONTHS LATER

All rise.

The fact remains,
Chief Inspector Banks,

that during the series of interviews
you've described,

Mr. Pierce
gave satisfactory explanations

for every one of his actions on
the night of Ellie Clayton's death.

He was also shown to be lying
in every one of those interviews

and we didn't his explanations
at all satisfactory.

And this was sufficient grounds to
arouse your suspicions, DS Jackman,

based solely on the clothing
shown here?

It also doesn't look
unlike Owen Pierce, facially.

It doesn't look unlike most men
in Yorkshire, Detective.

Which raises the question -

did you decide this was Mr. Pierce
and then make him fit the picture?

There were other factors.
When we interviewed him -

This is the initial interview
in Mr. Pierce's home?

- Yes.
- Where exactly

did that take place?

In the sitting room.

And what happened

when Detective
Constable Blackstone

received a call to
his mobile phone?

He answered it, I think.

You think?

He did.

And did he then leave the
room to continue the call?

I'm sorry,
could you repeat the question?

Did DC Blackstone
leave the sitting room unaccompanied

in order to continue his phone call?

I should remind you at this point
that you are under oath.

I'm sorry. I...
I don't exactly recall.

Detective Constable Blackstone,

whilst interviewing the Defendant
in his sitting room,

did you receive a phone call?

- I did.
- Can you tell the court

what happened next, please?

I answered it.

And during that call,
did you leave the room?

May I refer to my notes, please?

You may.

There's no reference to that
in my notes.

I didn't ask what was in your notes.

Before you repeat the question,

could you explain
your line of questioning, please,

for the benefit of the jury?

Of course.

Whilst it may seem a
small procedural matter,

if Detectives Jackman or Blackstone

were in any part of
Mr. Pierce's house unaccompanied

and without a search warrant,

all evidence obtained
during that visit

may be deemed inadmissible.

In this case,
I'm referring specifically

to Mr. Pierce's cap and jacket.

DC Blackstone,

did you leave the room
to continue your phone call?

I think...

I don't honestly...

Yes, I did.

Ladies and gentlemen of the jury,
I'll need you to withdraw,

if you will, while I confer with
the prosecution and defence teams.

- I don't understand.
- I know.

What's this got to do with
whether he killed her or not?

Now, what did we talk about?

When I promised to stay calm,

I had a whisky in my hands

and you didn't tell me the jury
might be dismissed on the first day.

That's because I didn't know.

So what's going to happen next?

Due to procedural irregularities
in the prosecution case,

I have no alternative
but to declare a mistrial.

Ladies and gentlemen of the jury,
you are discharged.

Mr. Pierce...

you are free to go.

All rise.

I have complete faith
in my officers,

both in terms of
their professionalism and integrity.

If errors are found
to have been made,

then, of course,
we'll address that.

Your reaction to the verdict?

Well, obviously there's
disappointment.

This is not the outcome we all
wanted for the Clayton family.

We will look at everything again
in some detail

and a full statement
will be issued in due course.

Thank you.
That's all I have for the moment.

- Boss.
- This is my fault.

Don't tell me I'm gonna have to
remind you that we're a team.

You thought we had the
wrong man all along.

I never said that.

That's why we haven't talked
about it for three months -

- so you didn't have to.
- We got it wrong.

Now we need to start again.

There is no "we". I'm the head of
this unit and it was my decision.

Now I've dropped the rest
of the team in the shit

and the Claytons
won't sleep again tonight.

It's not about you.
There's a killer still out there

and it's our job to stop him.

Before he does it again.

Any crime committed on any woman
in Yorkshire,

yours will be the
first door that I knock.

What's the matter, Tyler? I thought
you liked being in cars with women.

He turned up outside
school one day

and offered me a lift.
He got me on the ground

and got on top of me.
And then...

- Open up!
- Owen, you know why we're here!

My life will never, ever
be the same again.

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