The Divide (2014): Season 1, Episode 1 - The Way Men Divide - full transcript
("Freedom" playing)
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♪ I can't sleep ♪
♪ 'Cause they keep on trucking ♪
♪ Try and count the
days, the days, the days ♪
♪ Yeah, I keep on trucking... ♪
(door closes, locks)
- We done?
- Yeah, it's not gonna pick up tonight.
You seeing Danny tonight?
No, I have to get back to the office.
When you become a lawyer, will
they pay you to work at that place?
Not much.
Go on, get out of here.
- You sure?
- Yeah.
- You have your keys?
- Yeah.
♪ Freedom ♪
♪ You got to get you got to get out ♪
♪ You got to get out, freedom ♪
♪ You got to get out,
you got to get out ♪
♪ You got to get out ♪
♪ Freedom, you got to get out ♪
♪ You got to get out,
you got to get out... ♪
- ♪ Freedom... ♪
- (Applause)
You know, I speak in public all the time.
Some people think I speak too much.
(laughter)
Some people in this room
are probably just waiting
for the day they can shut me up for good.
But, you know, I never
get to speak in public
about the only person I
know who makes me speechless.
Woman on computer: In
less than three weeks,
Jared Bankowski will be
the first man to be executed
in Pennsylvania in the 21st century.
The crime... 12 years ago,
an African-American family
was brutally murdered
in their home in a primarily
white suburban area.
Also convicted as an accessory to the crime
was 17-year-old
Terry Kucik.
Man: What motivated Jared
Bankowski and Terry Kucik
we may never truly understand.
That's not to say that the
African-American community's outrage
at that time wasn't justified.
Adam: She is the woman in my life
who has made possible everything I am
and everything I'd ever wished to be.
(Applause)
Woman: Now, the trial
happened during the 2004
Democratic National Convention
when President Obama, who
at the time was a senator,
gave a memorable speech
that you quoted in your summation.
Yes, "There's not a white America
or a black America or a Latino America
or an Asian America.
There's the United States of America."
This was never a trial about race for me.
This was about justice.
This is heavy.
It's heavy.
Come here.
Are you crazy?
Adam: 11 years ago, Jared Bankowski
was sentenced to death for the murders
of Broderick and Frances Butler
and their daughter Emily.
In all the years of appeals,
not one piece of new exculpatory evidence
has been presented by the defense.
Jenny Butler, the only
eyewitness to this crime,
was eight years old at the time.
She and the people of Philadelphia
have been patiently waiting for justice
and they should have to wait no longer.
The governor signed an execution
warrant for 18 days from today.
It is the strong recommendation
of the commonwealth
that Jared Bankowski's
appeal for clemency be denied
and the date of his execution upheld.
Man: Is there anything you'd
like to say, Mr. Bankowski?
Very well. The board recognizes
the need for urgency in this case.
It will consider Mr.
Bankowski's appeal for clemency
and will submit its recommendation
to the governor shortly.
(theme music playing)
These letters are from Terry Kucik,
the codefendant in the Butler murder case,
convicted for accessory to rape and murder.
We did not take his case
because his conviction
was based on semen DNA evidence
found inside the
16-year-old murder victim.
- Sorry. Sorry.
- It's okay. Catch your breath.
And just so you guys
know, Christine's gonna
be running all third-year
interns, okay?
- And back to this Butler case.
- Man: They were convicted together.
So why didn't Kucik get the
death penalty like Bankowski?
The jury opted for life without parole.
Terry Kucik was 17. No record.
Woman: But I don't understand
why we didn't take his case.
- Why?
- I believe his story.
He said he was in a relationship
with the girl, that it wasn't rape.
Okay, look, you're not focusing
on the information that matters.
It's not about whether or
not you believe their story.
We get thousands of letters.
It is easier to get into Harvard
than to get us to accept a case.
We say yes only if we
can rewrite a narrative
that questions the prosecutor's case
and only if the science can answer
that question with a DNA component.
We're training ourselves
to find what we don't know.
Prosecutors, police can make mistakes,
but they also take liberties to make cases.
Not all of them. Not all the time.
They manipulate witnesses. They suppress,
even manufacture evidence
and they get away with it.
Not all of them. Not all the time.
Terry Kucik was convicted because his DNA
matched the semen found in the
victim. Nothing we could do.
Are we gonna be working
on the Bankowski execution?
- Maybe.
- No.
Guys, we don't go out looking for work.
Bankowski never once sent us a letter.
And besides, there is such
a thing as actual guilt.
So Christine is in charge of intake.
She'll be the one assigning
you letters to be read
and analyzed before they're
brought to the committee.
("Quiet Dog" playing)
♪ Boogieman ♪
♪ Simmer down, simmer
down, simmer down now ♪
♪ Simmer down now, simmer down now ♪
♪ Simmer down, quiet
dog, wild hog, my God ♪
♪ And the rocket don't stop ♪
♪ Brooklyn and the kids
heat up the stove top ♪
♪ Banging the Empire State
and navigating the way ♪
♪ Your preservation make
the greatest hip hop... ♪
(phone ringing)
(turns down radio)
Hey.
Where are you?
On my way to Lock Haven.
Why?
I'm driving. I shouldn't be on the phone.
- Are you just waking up?
- I'm on the late shift.
Listen, I was thinking maybe we
do something normal this weekend
like, I don't know, go to the Poconos.
Have sex on the hiking trail.
I'm not really a mountain girl.
They're the Poconos. They're
not really the mountains.
Besides, we kind of
really haven't seen much
of each other during the daylight.
I just thought that it might be nice.
I don't know.
I might get to know you too well.
Christine, tell me the truth.
Am I just like this sex toy thing to you?
No?
I feel so cheap.
(laughs)
- Hi.
- Can I help you?
Yeah, hi, I'm Christine Rosa
from the Innocence Initiative.
- I called Mr. Carbone...
- Dad!
Mr. Carbone, we spoke earlier.
Just wait.
These pictures could cause
a lot of problems, right?
I don't think he should
give them away for nothing.
Well, technically, they're the
property of the Philadelphia PD.
Yeah, so my father could get in
big trouble giving them to you.
He should be compensated.
Go make dinner. Come on.
I transferred all my negatives
to digital when I retired.
Did you tell anyone you were coming here?
- No, why?
- No one can know
that you got these from me.
Anyone asks me, I never heard
of you before. You understand?
Yes, but I...
We have to talk about the Bankowski case.
It's midnight. I'm going home.
Please just listen. Sit.
Terry Kucik has been writing us letters
ever since he was in prison
and we couldn't take the case...
Because his semen was found
inside Emily Butler's body.
Wait, wait, wait. In almost every
letter he explains his arrest.
In one he mentioned being
photographed by a police photographer.
- Again, his semen was found...
- Will you shut up?!
Sorry. Sorry.
I haven't slept.
Now, I thought if they
took photos of Kucik,
they must have done the same with
Jared Bankowski. Figures, right?
Well, see, now I'm afraid
to disagree with you.
There's no mention of
police photos of Bankowski
in either the discovery request
or the DA's evidence list,
which I thought was weird because
the DNA case against Bankowski
was all about Frances Butler's fingernails.
Bankowski's blood and skin
were found underneath them,
which meant she'd scratched him.
There's not a mark on him.
Why didn't the defense
find these in discovery?
Why weren't they on the DA's evidence list?
Prosecution had positive DNA results
and there was an eyewitness ID.
An eight-year-old girl with
the flu hiding under a couch
who just watched her family be murdered.
Where did you get these photos?
I can't tell you that.
Are you kidding me? These could be evidence
of prosecutorial misconduct.
Where did you get these?
I can't tell you. I promised
the source anonymity.
- I'm gonna go home.
- Come on, Clark.
We don't argue misconduct.
We don't ask for a Brady hearing.
We simply ask to retest Bankowski's DNA.
How long till the execution?
17 days.
Start over.
Adam: Suddenly after 11 years
somebody mysteriously finds
photos no one saw at trial
and lays them on the defense's doorstep?
Clark: You were the
prosecutor on that case, Adam.
It kind of made your
career, too, didn't it?
- I'm not running for office, Clark.
- Sounds like you are.
Boys, don't make me separate you.
Your Honor, I resent the
prosecution's implication of coercion.
- The Innocence Initiative has no...
- Coercion?
- It never has and never will.
- What you hear in my voice is outrage.
Jenny Butler witnessed her family
being butchered by Jared Bankowski.
He was proven guilty
beyond a reasonable doubt.
His appeal for clemency denied, and
now you're standing here telling me
that the murderer's rights are
more important than the victim's?
That's not at all what I'm saying.
If that verdict had gone the other way,
this city would have burned to the ground.
And what happens when this gets out?
Are you gonna take responsibility,
Clark? You gonna put out the fires?
Your Honor, we simply
ask that a stay be ordered
and a new DNA sample of Jared Bankowski
be tested against the
originals used at trial.
I'll take it under advisement.
I'm not going to issue a gag order,
but while this is proceeding,
for the sake of the city,
let's keep it out of the press.
- We agree.
- Fine.
I know time is of the essence.
I'll rule in 72 hours.
Mr. Rylance is with the
Innocence Initiative.
He's agreed to help with your defense.
- Did I ask for help?
- They found the photos, Jared.
We think they can force the judge's hand.
- To do what?
- Order a new DNA test.
- If we can show...
- You're not taking my blood.
- It's the best option we have.
- I don't care.
You're not taking my blood.
Clark: I have to ask this, Mr. Bankowski.
Are you guilty? 'Cause if you
are, we should all go home.
Well, I'm guilty of something
or I wouldn't be here, would I?
That's what my mother's priest tells me.
If we can show the DNA was
flawed, that's gonna go a long way.
They're not letting me out of here
until I'm dead one way or another.
I checked the TV. "All
My Children" is cancelled.
Nothing to hang around for.
Then why go through all those
appeals if that's how you felt?
They broke up the days. The years.
Gave pricks like him a day job.
Maybe early on I was stupid enough
to think there was a chance.
Don't play me to get
your name in the paper.
Christine: So you're
just gonna let this go?
The man's been sitting in
a cell preparing to die.
This is not an unusual reaction.
Let me talk to him. I can
get him to change his mind.
A: You're not a lawyer yet.
B: He's on death row.
You can't even get in to see him.
Dalton wants to give it a few days.
- We can't afford a few days.
- Listen to me.
I know this is personal for
you. I know your history.
But you've got to slow down
or you're gonna burn out, okay?
You want to be a lawyer?
You better get used
to knowing what should happen
and accepting what does.
You're eating? We have to go.
You know I can't eat
the food at these things.
It's $25,000 a table and all
they give you is cafeteria meat.
Give me a bite.
You make a good sandwich.
Don't get mayonnaise on your tux.
I don't even believe it.
The timing on this is so
damn obvious, it's comical.
Who are you talking to, mumbles?
After 10 years, right
before the man's execution,
there's new evidence? That's comical.
So what are you so upset about?
I'm so upset because it
ain't about the case, baby.
- Somebody is going after me.
- I don't want to hear it.
Trust me, I know what I know.
I wouldn't be so sure about Clark.
Nobody uses social media
more than the Initiative.
Half their cases are won in the headlines.
Clark is not after you.
Remember in law school he
went after the president
of the law review right after I said I was.
I told you I put him up to that
because you had your eye on
that boney-ass TA from Winnetka.
She wasn't boney-ass.
You know what, Adam? You're
not thinking straight.
Well, all right, tell me, Counselor.
What do you expect, Adam?
You think nobody's gonna
try to throw dirt your way?
Not at this case. Not at the Butler case.
Why not? It was your first big one.
If you want to take down a hero,
you take down what made him a hero.
That's what I would do. It's a smart move.
You're not gonna tell Jenny, are you?
- I don't think she can handle it.
- No.
Nothing's gonna come of
it. There's nothing there.
- Trey?
- (Boys laughing)
- Hey. How are you?
- Hey, Mom.
- Good. You look beautiful.
- Thank you.
Do you guys want some sandwiches?
Naw, it's all good. We're gonna order in.
Actually, can I use your bathroom?
Absolutely. You know where it is.
Adam, we've got to go.
- You want the rest?
- Naw, I'm good.
Trey, we talked about this.
Pull your pants up, boy.
- Dad, it's just a style.
- Trey, pull up your pants.
Baby, we have to go.
- Pull your pants up.
- Yeah.
Christine?
Terry.
Man, I can't believe you're actually here.
Been writing letters for years.
Every day another letter.
I know. I've read them all.
Thank you.
Really, I'd almost given up.
So where do we start?
I wanted to ask you a few
questions about the case.
Sure. Fire away.
Jared Bankowski had these photos
taken of him the night he was arrested.
Yeah, so did I. So why is that important?
Bankowski's DNA was found
under Frances Butler's fingernails.
That means that she had to
have scratched him or cut him.
But there's no marks on him
- in any of these photos.
- Right.
But what's that got to do with my case?
He's scheduled to be executed in a week.
Yeah, so?
So, I just wanted to
see if you knew anything,
anything at all that could help him.
Wait a minute. You want me to help him?
We can't take your case, Terry.
The DNA was specific.
Your sperm was found inside Emily Butler.
- Jesus!
- Guard: Kucik!
You read the letters, yeah?
We had sex that day.
I didn't need to rape her
because we were together.
The only thing that I know
about what happened in that house
was my girlfriend was murdered
and I'm in here for life.
And you know what? I'm glad
they're giving Bankowski the needle.
I'd give it to him myself if they'd let me.
Shit.
Woman: Do you want a sandwich, maybe?
- No, thank you.
- (Woman laughs)
Oh, you young women.
Careers, you're so smart,
but you don't eat a thing, do you?
Well, it's a busy time.
Oh, I admire you.
So wonderful to have a...
what would you call it...
a reason for yourself.
You know?
Not that raising a family isn't a reason.
It can be God's most beautiful reason.
But, you know, you do your job,
right or wrong, then the children leave
and then what reason do you have?
Have you seen your son recently?
No. No, I...
I used to go the last day of every month,
but he doesn't want me to go to that...
you know, where the...
where the... where the men go to.
Mrs. Bankowski, we're
trying to get permission
from the court to retest Jared's DNA.
Why?
We think there could have been a mistake.
After 11 years? What mistake?
That's why we need to do the test.
(Kettle whistling)
Excuse me a minute.
(Whistling stops)
Jared said no?
Would you talk to him?
Oh, no. Nope. Couldn't do that.
Jared said no, then it's a no.
But it might mean a stay. If
we're lucky, maybe even a retrial.
No, I have prayed on this many times.
What God has decided, let no man undo.
I don't mean to be rude,
but if you asked God,
I think He'd tell you
that was a load of crap.
You don't mean to be rude and
you talk like that in my house?
I'm sorry. I just don't understand.
Hey, I don't want to say
anything bad against you...
- Christine is it?
- Mm-hmm.
Don't you think it's a little cruel
to offer him hope after all these years?
But if there's a chance...
I'm gonna tell you something.
My son...
was headed toward this
since he was a teenager.
I was alone raising him.
I didn't want to see who he was.
And now, after all these years,
he has become a better man in prison
than he ever was out here.
After that horrible thing that he did,
God has given him a gift:
his redemption.
Do you work, Mrs. Bankowski?
No, I don't.
I've had health problems. Sciatica.
It must be tough getting by.
Well, I have managed.
Your house is lovely.
Is that a new flat screen?
I'm sorry, dear.
You're from what law firm?
I didn't get it.
Regarding the motion to
retest Jared Bankowski's DNA,
although the court finds
the photos compelling,
it is troubled by the
issues of chain of custody
and the possibility of manipulation.
And given the preponderance of evidence
and the eyewitness testimony,
the court has decided to
deny the defendant's motion.
The execution warrant shall stand.
Dalton: We'll continue to seek redress.
What if we went to an independent lab?
We wouldn't have access
to the crime scene DNA.
We can compare Bankowski's DNA against
the original results.
We have the printouts.
That's assuming the lab could
even turn it around that quickly.
We've only got 11 days.
You guys are forgetting
the fact that Bankowski
has refused to have his DNA tested.
I'm sorry, Christine.
("I'll Be Near" playing)
(distant sirens wailing)
Hey, you want to order in? I have to eat.
No, I'm not really hungry.
Why can't you help me, Danny?
Come on, you know people inside.
Just get me on a list to see
Bankowski. I'll do the rest.
Really?
Your kisses are so powerful,
I'm gonna completely
forget what I'm asking for?
Sorry, maybe if I go out
and commit multiple
murders, I'll get
your full attention.
Oh, come on. Don't be a baby.
You clearly have a
lovely evening planned out
with grisly crime scene photos.
What is your problem? Just say it.
You're saying this is a waste of time
because you know they're guilty.
Yeah, they are. The guys are
butchers. The evidence is all there.
You are such a cop.
Evidence is just evidence.
It's not always the truth.
This isn't about evidence.
This is not about who's killed who
or who's guilty or not.
This is about you being
a girl, me being a guy.
We just had unbelievable
sex and I would like to have
normal after unbelievable sex talk
and eat and, I don't know,
maybe do it a couple more
times a couple different ways.
All right, fine. Order cheesesteaks,
take your pants off, and
get me into death row.
Why does that turn me on so much?
Hi. Hi there. Good morning.
Yeah, you. Hi there.
I'm Christine Rosa.
I was supposed to ask for Rudy.
Rudy's on a break. Who you here to see?
Uh, well, I was supposed
to ask for Rudy, but...
Who are you here to see?
Jared Bankowski.
- You're not on the list.
- Not gonna be on the list.
I'll wait for Rudy.
I don't know when Rudy's gonna be back.
He could be gone for hours.
I wouldn't wait if I were you.
Are you Magoo?
That's a nickname. Why?
- Right, I heard about you.
- What?
You're the guard from Greensburg
who accidentally released an inmate
with forged signatures on the forms, right?
(laughs) I guess that's why
they got you on death row now
since there's no revolving
door here to confuse you.
- What's going on?
- Oh, are you Rudy?
I'm Christine. Danny's friend.
- Oh, hey.
- Look at that. Rudy's back.
The hours just flew by.
Look, I'll see what I can do,
- but I'm not guaranteeing you anything.
- Thanks.
Tell him I'm his new lawyer.
He'd be more interested if
I tell him your measurements.
(Door buzzes)
- (door buzzes)
- Taking over for Dalton?
This is my lucky day.
My name is Christine Rosa.
I work for the Innocence Initiative.
Sort of. I'm an intern.
But I'm taking my bar exam next month.
Show me your tits.
My father was on death
row. He was executed.
Hmm, let me see 'em.
Why won't you let us take a DNA sample?
Wait! Wait!
All I see is a bra.
I met with your mother.
Why? What'd she say to you?
I guess foreplay is over.
She says your execution is a gift from God.
Kind of an unusual reaction
for a mother, don't you think?
Something about this
isn't what it looks like.
When the cops picked you up,
you were with a Loretta Strauss.
A week later, she disappeared.
Never been heard from again.
Before she went missing,
she was arrested on a DUI.
Her bail was paid for by
someone named Louie Antonik.
Antonik was in the Kielbasa Posse.
He supposedly died of an
aneurism six months later,
but no death certificate...
Get out of here. Stay out of this.
And stay away from my mother.
The DNA sample, it'll
take less than 20 seconds.
- What do you care?
- Look, I don't know you at all.
Maybe you're a complete scumbag.
You want to die? That's your right.
But I don't like it when
the law gets manipulated
by people who think they
matter more than other people.
Like my father. Like you.
I hate their arrogance.
I hate they feel safe.
I hate they feel entitled to feel safe.
I want to make them sweat.
Even if they win.
Don't you?
Can you guarantee me something?
No matter what happens,
you make sure my blood is tested.
Of course. That's why I'm here.
I mean no matter what happens.
I guarantee
the test will happen.
Did they really kill your daddy?
(Bangs)
(door buzzes)
(door buzzes)
(crying)
Are you out of your mind?
You could get disbarred
before you even take the bar.
That makes no sense at all.
- How did you get in to see him?
- It doesn't matter.
I got it done.
I don't know what to say to you, Christine.
This is not about you or your father
or even Jared Bankowski.
This is about 137 clients
we have sitting in prison
who actually are innocent.
This is about a 480-case backlog
and the decade I have
spent whoring for money
so we can make good on our promises.
You have put all that at risk.
I should report you and fire you.
I understand. I'll leave on my own.
Don't move.
(Touch-tones beeping)
(ringing)
Hey, Clark. You calling to apologize?
Not in this lifetime.
I just want to let you know
that we've decided to retest
Bankowski's DNA through an independent lab.
Really? My sources tell me
Bankowski refused to be tested.
He changed his mind. As a former
colleague, I want to ask you a favor.
Could you give us access to
the original crime scene DNA?
- You're kidding me, right?
- No, I'm dead serious.
Adam: You have less than
a week till the execution.
You'll never get the results in time.
- We're still going ahead.
- Fine, Clark.
Good luck and good-bye.
(Alarm buzzing)
(buzzing stops)
(panting)
(laughing)
Trey, can you please
help me clear this table?
- Dad, you finished?
- Yes.
That étouffée was delicious, Billie.
You know that's Grace's brown roux.
She taught me how to make it.
Well, I wouldn't have dared
said this if she was here,
but you made it just as good.
- (laughs)
- Shh.
You can take some home
because there's plenty.
Thank you, baby.
- Let me grab that for you.
- There you go, son.
All right.
How you doing, Isaiah?
It must be lonely without her, huh?
It's an adjustment, there's
no doubt about that.
Yeah.
Sometimes I still wake up
and forget that she's gone.
It takes a few minutes to remember.
- But it's all okay.
- Yeah.
So, Trey, you still doing that writing?
- Yes, sir.
- What you getting... what they call that?
- Slam?
- Yeah.
Give me a few of them slams.
Okay, okay.
These girls are my infatuation.
God's greatest creation.
They have the power to put my body
in physical depression,
encouraging the animal inside of me
to take on a sexual aggression.
My words are inspired by the curves
and that's just a little
lyrical confession.
- Inspired by the curves, huh?
- Okay.
- Mm-hmm.
- (Laughing)
You hear that?
- You hear him? You hear your son?
- Yes, I did.
(laughing)
Better take that animal outside of here.
Excuse us for a second,
babe. Can I talk to you, Pops?
Sure, son.
- Excuse me, Billie.
- Yeah.
We have to face the real possibility
that these test results
might not be done in time.
It usually takes four to six weeks.
Yeah, but you'll still get them, right?
We're gonna put a rush on it.
I don't care when they're done.
You just make sure those tests happen
and everybody knows.
Would you sign that, please?
One more thing.
I want to see my mother
the day of the execution.
You're not really worried
about that DNA, are you?
No, we got Bankowski dead to rights.
- I'm worried about you.
- Why?
If Clark goes public with those photos,
then the press is gonna look directly
into your department's involvement.
The press is gonna make a story
out of the father and son
thing every chance they get.
Don't even bother yourself about that.
But it was my decision and my mistake,
and I don't want them dragging you into it.
Damn it. I knew it was the wrong move.
I knew it then.
I had those photos in my
hands and I was thinking,
"I can shoot these down
in trial, no sweat."
Bankowski's DNA could have come
from the scratches on his scalp
or someplace the camera didn't catch.
But I couldn't shake the idea
of reasonable doubt, Pops.
It was my first big case
and I just lost my
nerve for a split second.
And I buried them.
Just one stupid-ass move.
Whoa, we were under a lot of pressure then.
The city was out of control.
And like I told you then,
it didn't have to be neat,
it just had to be right.
Justice don't always play
right when color's involved.
But I didn't make the decision
because it was about color, Dad.
Every decision's about color, son.
Did you put the guilty away?
Yes, I know I did.
That's why I'm angry. I had him.
I was thinking in church today
how we keep missing the point about Christ.
The point isn't about being perfect.
The point's about being human
and making efforts to do what's right.
Those are the people we want to lead us.
The cost of being a great leader
is knowing that you're not a great man
and living with your mistakes every day.
We all have 'em. I know I do.
Don't doubt yourself now.
What did Billie say about all this, huh?
I never told her.
I don't understand, you promised
me that this would be over.
It will be, Jenny. It's just a formality.
(Sighs) This is never gonna end.
I don't think you can
do that in here, Jenny.
It's okay.
Jenny, listen to me.
This motion is a smoke
screen. They have nothing.
- Then why are they doing it?
- Politics.
- If they win?
- They won't.
They're not gonna execute a white guy,
not for killing black people.
Jenny, we're almost there.
I'm so tired.
I feel sick.
Jenny, 11 years ago, I made you a promise
to see this through.
I'm going to keep that promise.
That's why I need you
to speak out right now.
(sirens wailing)
I've been living in a
nightmare for the past 11 years
ever since I saw my family murdered
by Jared Bankowski and Terry Kucik.
When I heard that a judge was
thinking of reopening this case,
I felt like they were being
murdered all over again.
And I have to ask if my family was white
and the killers were black, would we
still be having to plead for justice?
And I beg the judge who's
considering this request...
I beg you, please let
my family rest in peace.
Please let me have some peace.
(Reporters shouting)
Rev. Cheeks: That's all
for now. No more questions.
(crowd booing)
I know you're angry and
you have every right to be.
All right, but you know
what I'm so proud of?
The fact that you came out here
tonight to figure it out together
without taking matters into your own hands.
Man: This wouldn't be happening if
he were a black man on death row!
- Exactly!
- Adam: I hear you, brother.
I do. But we are not here to divide.
The Butlers were African-American, yes.
But if they were white,
Latino, Native American,
we should still be here because
an injustice against one people
is an injustice against every people.
(cheering)
Now, we have got to start thinking that way
or else nothing is ever gonna change.
So I want to hear from you. I do.
But first let me say this. Now, many
of you have known me for a long time.
- Yes?
- Yeah!
Well, then you know I don't
back down from any fight.
I don't care who I'm up against.
(Cheering)
And I'm here to tell you tonight,
this fight we are winning.
(Cheering)
Justice will not be denied
Jenny Butler and her family.
No, not as long as I
am the district attorney
of the city of Philadelphia.
(cheering)
Hi.
Look, I don't want to bother you.
You don't know me at all,
but I just wanted to say I am so sorry
that you're going through all this again.
I'm really sorry.
(Distant train horn blaring)
(applause and cheering)
I...
I went through something similar.
Not at all like you,
but it doesn't matter what side
of it you're on when you're a kid.
You know, it stays with you forever.
My father was convicted.
He was innocent.
I know because I was with him
when they said he did what he did.
But nobody believed me
and I lost him.
When you're a kid and
you're sitting up there
in front of all those people
and everybody looking at you
and listening to everything you
have to say and you just feel like...
You work for that Innocence place.
Yes.
You think I got it wrong? You
think I identified the wrong men?
I don't know what
happened. I'm just trying...
You know, for years,
I tried to figure out what
was it in certain people
that made them want to kill.
Not just do it, but want to.
It had to be a certain
kind of person, I thought.
But then I realized,
no. It could be anybody.
Absolutely anybody at all.
And right now in this moment,
I completely understand what it
feels like to want to kill someone
and feel nothing about
it except satisfaction.
Did they tell you you were wrong?
(Silent)
(phone ringing)
(door buzzes)
(door buzzes)
Hi, Dad.
Hey, kid. Didn't expect to see you today.
Just wanted to see you.
Something happen?
You look tired, sweetie.
That's surprising.
I spent the entire day at the spa.
(Chuckles)
How are you?
How's your bronchial thing?
Did you get those homeopathic drops I sent?
No.
They confiscated them.
They thought you were sending me drugs.
I'll talk to them.
So, tell me what's going on.
Nothing. Everything's fine.
I want to talk about you.
- What's going on?
- (Laughs)
Nothing new.
Asthma's better. They gave
me one of those inhalers.
They changed the linens on the couch.
Little less scratchy.
Hey, did you get to section
nine in the Nietzsche?
I'm probably gonna get this wrong,
but he says that in order
for a man to become a hero,
first he has to become a
snake so he can know his enemy.
Something like that. But
it makes sense, right?
Right?
You know, a lot of the
stuff that you sent me,
I didn't think I was really gonna like...
Terry: My name is Terry Kucik
and I'm serving a
sentence of life in prison
for a crime I did not commit.
On the day Emily Butler was killed,
I was with her, I admit that.
Her parents had this pool house
at the back of their property.
We'd meet there whenever we could
because it was closer to this back road
on the other side of this stone wall.
I could get in and out
without anyone from the house seeing me.
(steam hisses)
I loved Emily.
But we couldn't let her parents find out,
so Emily didn't want to tell anybody.
But I was sick of not
seeing her whenever I wanted.
That afternoon...
it's so weird, but that afternoon
I remember telling her we
should go into the house
and tell her mom right then.
But Emily said no.
Her dad was working at home that day
and he'd probably beat the crap out of me.
I can see Emily right now
running into the kitchen door
of her house that last time.
I see it over and over in my head.
(door slams)
She never screamed out my name
like they said she did at the trial.
I wish she had.
We made love that day.
It wasn't like they said.
I would never have hurt Emily.
- She...
- (Glass shatters)
(muffled groan)
(muffled groan)
(glass shatters)
(tires squealing)
- What happened?
- (Sirens wailing)
Danny? What are you doing here?
I got the call over the radio.
What the hell happened?
Why didn't you call me?
I'm fine. I called the police.
I think we're covered.
You didn't have to come.
- That was Marty.
- Clark, Danny.
Danny, this is my boss Clark Rylance.
You're dating a cop?
Hi.
So do you know who did this?
Yeah, and it's not the
people that broke the windows.
We've been getting phone threats
since Jenny Butler's press conference.
What did Marty say?
Terry Kucik was attacked tonight.
Apparently they cut him pretty badly.
Hey, you done taking her statement?
No, I can't go. I have
to stay and clean up.
No, we're gonna do it tomorrow.
I'll ask and see if people
can come in a little earlier.
- Go home.
- Great. Come on.
Danny, I'm fine.
Thanks.
You don't have to stay. I mean,
if you have to get back to work...
Covered.
You do know you're supposed to sip that?
Do you want mine?
You know, if you were
getting phone threats,
you should have contacted
the police right away.
Nobody does anything until there's damage.
It's the law.
I hate the law.
I think you're in the
wrong job, then, babe.
It wouldn't matter a nurse or a waitress.
I am Calamity Katie.
(laughs) Who's that?
This character in these
books my dad used to read me.
Calamity Katie always wanted to help.
Her mom complains their collie is dirty,
so she throws it into a washing machine
and it comes out bald.
Her best friend is afraid of storms,
so she makes her dance in the rain
and the best friend
gets struck by lightning.
That was my favorite.
Used to crack me up.
Nothing bad ever happens to Katie,
just everybody around her.
Look, I...
I know that you don't like
to talk about your dad...
I didn't say that. When did I say that?
When we first started seeing each other,
you said you didn't like to talk about him.
To guys who don't stick around.
I can't seem to get rid of you.
Well, look,
I know that you want help eventually,
but, Chris, you could have
gotten really hurt tonight.
And for what? For Bankowski?
I mean, the guy's a monster.
I read the file. The guy is guilty.
(Sighs)
I didn't want to tell
you this, Danny, but...
I saw your sister in
an alley the other night
on her knees doing this guy.
(Sighs)
Yeah. And then she knifed
him and took his money.
I was shocked, but I know it was her.
And I have proof.
The guy is a friend of
mine. We can prove it.
Okay, I'll play. How?
I'm an eyewitness, he has a knife wound.
And I'll tell the police I saw it
and they'll make a report
and whether it's true or not,
some facts will support it, some won't,
but people will decide for themselves
because of what they're told
and what cops write in
reports and she'll be arrested.
Okay, so you're saying that
all guilty people are innocent?
Are you saying innocent
people never get convicted?
No. Look, I know mistakes are made,
but most of the time the guilty are guilty
because the facts prove that they are.
Most of the time.
My father has one more
appeal in about eight months.
And Bankowski, well, like it or not,
he's about the only execution
I have handy right now.
If I can find just one tiny crack
in one death penalty verdict,
then maybe I'll find
another one in another case,
and another.
Look, if you don't respect
the effort, I get it.
No, I do. You enforce the law.
You have to see in black and white.
But it's not the same for me.
So when you say he's guilty
like you're so sure just
because you read the case file,
who say my father is guilty
and I'll hate you for that.
I'm just warning you.
I stand warned.
(Dog barking)
- Hey.
- Hi.
You sleep at all?
There's coffee.
What you working on?
Why'd you tell Jenny?
I don't understand why you'd
put her through all of that
if you think this is gonna all blow over.
I felt she had a right to know.
You think I was wrong?
You already know what I think.
That's why you didn't tell me.
I don't know, honey.
There's something up.
The closer it gets to the execution date,
she's, like, nervous and distracted
and I finally had to
tell her, you know what,
just don't even come to work
until all this blows over.
Okay.
I'm going for my run.
- Can you wake up Trey?
- Yup.
Hey, Adam.
Yeah, babe?
We're not becoming those people, are we?
What people?
You know, just all about the moves.
We're fine.
(Monitor beeping)
How you doing, brother?
- (Growls)
- (Groans) Oh, not...
I squeeze you a little
hard there, princess?
Hey, man.
How'd you get in here?
One of the nurses is one of our boys.
They stitch you up good?
Yeah, I'm fine.
We don't know who did this yet,
but we're gonna find out
and we're gonna send them
a message, believe me.
No one does this to one of
ours and gets a free pass.
- I don't know.
- What?
What?
I let my guard down.
It hadn't happened in so long,
I thought I was clear of it.
You know?
But all this stuff around the execution,
it's bringing it all back.
No one's gonna touch you again.
You got to come back into the
fold a little bit, brother.
You've been a little,
you know, distant-like.
You need to show them where you stand
when you stand out there in the yard.
Now, if you would have done that,
no one would have dared ambush you.
I'm just so tired, Raymond.
You know, I don't know how
much more I can keep it going.
I just don't see the point.
We're like the Marines, you know?
(laughs)
Our bond is for life.
Only difference is our war never ends.
Okay, guys, we're gonna
turn this around and use it.
We've got less than two days.
We need public support pumped on our side.
Here's what I want. I want
every news outlet contacted.
I want the Internet buzzing.
I want Vanessa and Bryce and you
to help me follow up
with the Board of Pardons
for a reconsideration based on
new evidence, the photographs.
We need a unanimous vote by
all five members of the panel.
I have the schedules and addresses
of each judge. We'll get on that.
Great. Christine is
leading drug litigation.
Pentobarbital is the norm.
But since European companies
stopped exporting it,
prisons are using local
pharmaceutical companies.
So we need to find out
what drugs they're using
for the execution and
where they're getting them.
Guys, if we can prove this
execution drug compound
has not been sufficiently tested
or even if these drugs are expired,
anything, then we can
get a motion for a stay.
And keep on the DNA labs.
I want calls every hour.
Now go. Go!
("The Seed" playing)
What's Midazolam?
Andy, Andy, come on. You're
not gonna write that, are you?
The Initiative has not once,
nor will it ever disrespect Jenny Butler.
Are you kidding me with this right now?
What are you selling to the
Pennsylvania death chamber?
I did.
Andy, use your tiny brain for one minute.
Who do you think told Jenny
Butler about retesting the DNA?
Adam Page didn't contain reactionary
violence. He fueled the fire.
I need you to tell me what the compound is.
Jesus, where did you study
journalism? At Fox News?
So when they execute Jared Bankowski
and he screams out in pain
and we autopsy the body
and find out the compound
did not meet FDA requirements
and bring a lawsuit against
Thompson Pharmaceuticals,
will you be able to tell the
courts then what it is?
I'm telling you right now, the
higher that you raise up Adam Page,
the lower you're gonna fall when he drops.
And the piss that you feel on your forehead
is gonna be mine.
Give my love to Ruth.
Christine.
You got to love this job, huh?
Clark: We've got calls in
everywhere. Stein turned us down,
but we're waiting on Judge Logan.
He's the federal judge.
And, of course, the governor.
But in an election year,
he's probably a long shot.
- Did you call my mother?
- She said she'd be here.
I don't see her anywhere.
You see her anywhere?
(Door opens)
- You got another visitor.
- (Door buzzes)
Guard: All right, let's go.
(Door buzzes)
Oh, is that... is that necessary?
Yes, ma'am.
(Door closes)
You look good.
Thanks.
I already ordered my last meal.
You know what I ordered?
No.
I don't want to know that.
Hot dogs.
They got the same ones
in here you used to buy.
Couldn't believe they still make 'em.
Remember I used to beg
you to buy the fancy ones?
- Like on TV.
- Yeah, I remember.
They were too expensive.
Well, it's all the same
anyway. Just the packaging.
Ones you used to buy
were, like, grey-colored.
Well, you could have gotten them now.
You should have ordered
the fancy ones. (laughs)
Well, I don't want to acquire a taste
for the finer things at this late date.
(Sniffles)
I've been hearing all
kinds of things on the news.
I don't understand about that DNA.
They're retesting it.
Check if they got the right guy.
Do you think there's a chance?
No, Ma.
It's not gonna change anything.
For me.
Oh.
(laughs)
Oh, yeah.
So you're still blaming
me for all this, huh?
I made all this happen.
No, Ma, I don't blame nobody.
I made you a criminal.
I made you steal and scam
and try to make money without ever working
and trying to be the big shot
with that scum you hung out with.
I did all that, didn't I?
You broke my heart for a long time.
Well, it took that long to find it.
You did this to yourself.
I sit at home and I wonder...
how did things come to this?
Why did I deserve this?
There's no reason, Ma.
You think when you're looking at the end,
you're gonna get the reason why
everything was the way it was.
But you don't.
Don't waste any time thinking about it.
We are who we are, Ma.
Truth is, I gave you a better life in here
than I ever did when I was out there.
Was it worth it?
(Door buzzes)
- Mom.
- (Door opens, closes)
- Guard: Open six.
- (Door buzzes)
Mom!
(Dog barking)
Shh. Molly, stop.
Woman: No!
- (dog barking)
- Man: Where are you going, huh?
(man grunts)
- Woman: No!
- Man: Come here!
- (breathing heavily)
- Come here!
Quiet!
- Man: Get back!
- Woman: Please, please!
- Man: Where are you going?
- (Slashing)
(woman screams)
(dog barking)
- (slashing)
- Man: Shut up!
Quiet!
(Woman screams)
Time is our enemy.
Monica, you're gonna follow up
on the habeas corpus petition.
Jake, you work the governor.
Call his chief of staff,
his legal advisor, whoever.
Play up his need for the
working-class white vote this year.
- I know the governor's rabbi.
- Great, see if he'll weigh in.
Andrew, you're gonna handle
the Supreme Court justices.
And, Christine, you'll
stay on top of the DNA lab.
Alan and I are gonna be at the prison.
We've got nine hours. Let's go.
(Knocking)
(locks click)
Hey. What are you doing here?
You asked me to take
you to the prison, Jenny.
Right.
I'm kind of tired. I had to...
- Hey, whoa, whoa.
- I had to take something to sleep, but...
Hey, wait. Wait, whoa. No, no, no.
Jenny, Jenny, Jenny, Jenny, Jenny, Jenny.
Come on. Come on. I'll
make you some coffee.
Where's your shower? Where's your shower?
- It's over here.
- Okay, come on.
Woman: Look, we've done
everything we could.
The results just aren't complete yet.
We need more time.
We don't have it.
(Train horn blaring)
(sighs)
(door buzzes)
The governor refused the stay.
He's running against the AG
and he's not gonna look soft on crime.
(door buzzes)
I'm sorry, Jared.
It's time for visitors to leave.
I'm sorry.
Jared, is there anything else that
we can do for you?
There's one other thing I don't want
to carry with me to the other side.
Terry Kucik is innocent.
He was never there.
What the hell was that?
I mean, do we believe him?
- Do you?
- Yes.
What reason would he have to lie now?
There's always a reason to lie.
I believe him.
Well, look, he's guilty, all right?
So we wasted a lot of time
and effort for a guilty man.
Wait. Just... no. We just wait for the DNA.
He just said that he was there, Christine.
The reason he knew that Terry
wasn't there is because he was.
Unless he's lying.
Unless he's lying, yeah.
But if he's not lying, Terry
Kucik's letters are the truth.
All these years, he's
been telling the truth.
And Jared Bankowski's DNA should come back
as a positive match for the crime scene.
(Kicks wall)
What?
Something's not right.
You don't have to go if
you don't want, Jenny.
I can turn around.
I need to see him die.
("A Quiet Darkness" playing)
♪ Well, heaven rode my back ♪
♪ And the angels dragged my throne ♪
♪ Only yesterday ♪
♪ Only yesterday ♪
♪ I carved out your name ♪
- ♪ And only yesterday... ♪
- Woman: No!
♪ I built you a shrine ♪
♪ On the side of the road ♪
♪ And I shut my eyes ♪
♪ And laid my hands to rest... ♪
(TV playing)
♪ In dreams ♪
♪ There's a way ♪
♪ To die... ♪
No!
♪ In dreams ♪
♪ There's a way ♪
♪ To die ♪
♪ Well, I towed you from the wreck ♪
♪ Of dimming shadows in my head ♪
♪ Only yesterday ♪
♪ And only yesterday ♪
♪ I laid you to rest ♪
♪ And only yesterday ♪
♪ I wept for your shape ♪
♪ In its endless decay... ♪
(TV playing)
Why are we closed?
I didn't feel like working today.
Have you eaten? I' got more.
I'll just pick.
I visited your father today.
How...
how was he?
Like nothing had happened.
Like it was any other day.
I got the full Rosa treatment.
Move on with your life, Maxine.
Find yourself a decent man.
Who the hell wants a decent man?
Decent. God, I hate it
when he talks like that.
He never thought he
deserved better in life,
even when he had it.
And when your mother
left him, that proved it.
I only had a couple of good years
before everything changed.
Not much time at all when you consider...
I mean, I'm not saying that
I've been a nun all these years,
but I just can't seem to
get close to any other man
the way I am to him.
(laughs)
It's funny how that happens, huh?
(Knocks)
Hey, slow down, all right?
- No.
- Hey.
- Hey, come on, Chris.
- Stop talking.
- Just stop talking.
- Come on, hey. Hey.
- What?!
- Cut the shit.
Okay? What the hell is going on with you?
(Breathing heavily)
Why can't you tell me stuff?
You had a bad day, I get it.
Talk to me.
Chris, come on.
What is it?
(Crying) I should have
been with my dad today.
I should have been with my dad.
Look, I don't want you to be mad.
I had a look at your father's case file.
And?
This guy that they say that he killed,
did you know him? Did you know him well?
He was my mother's fiancé.
I didn't really like being around him.
He was always trying too hard.
Why?
Well, maybe next time you go see your dad,
I can come with you.
So who is this guy?
He's a friend.
He's a cop and a friend.
You trust him?
He can't make things worse.
How long have you been together?
We're not together together.
- But you like him.
- Dad, just...
Okay. All right.
You like him. I can tell.
Yeah. I'm glad.
I'm...
I'm sorry I wasn't here
with you the other day.
Why?
A man got executed.
Wasn't my birthday.
Maxine came.
She sat there
trying to make conversation.
I said to her, "What?
Is that supposed to make me feel better?"
You can't hide what's in your eyes.
She made me feel like shit.
You didn't get mad at her, did you?
We had a fight.
I told her not to come anymore.
She didn't tell me that.
She's a beautiful woman
with a lot of good years left.
I can't look at her anymore.
So, this cop guy.
Does he have a name?
No.
He's nameless.
He's the cop with no name.
Brat.
Asshole.
(laughs)
(papers thump)
Trey: It's not mine.
Do you know how many times I've heard that?
- Yeah, but it's not.
- It's not yours?
Well, do you smoke it? 'Cause
that's really all that matters.
- I've tried it.
- You tried it.
Everybody's tried it.
Haven't you ever tried it?
Have I tried it? The point is
is I want you to stop trying it.
You are too young, Trey.
It will mess you up in the end, trust me.
- All right.
- I don't want this problem in my house.
If it happens again, I'm
gonna talk to your father.
- No.
- Yes.
- (Doorbell rings)
- Get upstairs and get your stuff.
I don't want to be late for work.
- Good morning.
- Hi.
- How are you?
- Okay.
We're just waiting on Trey.
Are you sure it's okay that
I'm coming back to work?
Oh, sweetie, absolutely.
Are you sure you're ready to come back?
It's time.
Research is quiet. I like it down there.
Over. I'm good.
Okay.
Trey!
I'm coming. I'm coming.
Hey, Trey.
Hey, Jenny.
Look at you, you little stud.
Uh, okay, that'll be enough, you two.
Let's go. Come on.
- Hey.
- Hi.
Want a drink?
Yeah, give me a bullet, neat.
I'm sorry I haven't been
around for a couple days.
It's okay.
Besides, you're working
even when you're not working.
What does that mean?
That's the DNA report on Jared Bankowski.
You were right.
The test came back
negative. It wasn't his DNA.
So...
so, he was innocent?
Woman: He didn't have an appointment,
but Clark Rylance is in your office.
He said it was urgent.
Hey.
You want a coffee?
Bankowski's DNA came back negative.
That doesn't mean he wasn't guilty.
He may have been guilty of something,
but he didn't kill that family.
- The wrong guy was executed.
- You don't know that.
Come on, man, we've been
friends for a long time.
What I know is that we
still have an eyewitness.
What I know is that even
if Jared Bankowski's DNA
wasn't under Frances Butler's fingernails,
it doesn't mean he didn't
hold the knife that killed her.
Oh, you better hope you're right.
Because we're gonna be looking
in every corner of this case.
And if you're wrong,
it'll be the first time
in American history that a state is proven
to have executed an innocent man.
See how that sits on your resume.
You talking about my
resume or yours, Clark?
What, you want to come after me?
It's not about us. It's about what's right.
I don't need a lecture
from you on what's right.
We have worked this case for 11 years.
Jared Bankowski murdered that family.
And yet you got the DNA wrong.
We're also reviewing the
Terry Kucik conviction.
We're gonna be asking for a new trial.
How did this happen, Adam?
(Knocks)
Let me call you back. Thank you.
Close the door, Pop.
- What's this?
- Clark got the lab results.
His lab says it wasn't
Bankowski's DNA at the trial.
You have to get your own independent test.
I am. I called Larry at the Jersey labs.
Keep it off the radar.
Is it possible the original DNA was wrong?
No, this isn't about the Butler case, Pop.
Somebody's trying to bring me down
and it's somebody with all
the pull and all the money
and somebody so deep in the
background, his hands stay clean.
- Zale.
- I must be getting closer than I thought.
What do you have on him?
We haven't finished the investigation,
but his pockets are full of dark money
and he's pushing it through
phony nonprofit organizations
all over the state, changing zoning laws,
getting his buddies on the
school boards, you name it.
Son of a bitch.
And your boy Clark is working with him?
No, I know Clark.
I don't believe he has
any idea he's being used.
But I got to do my homework.
I ordered all the trial evidence
out of storage from the courthouse.
But I keep going over
this in my head, Pops.
When the forensics came in,
we went through everything.
We sent it to the labs. It was perfect.
What's his name was running it back then.
Patel?
No, no, no, no. We didn't use Patel.
He was overloaded. We used Rhubari.
That's right. Rhubari.
I haven't heard about him in a while.
- Is he even still working?
- No, I think he's retired.
And you trust this guy up in Jersey, huh?
100%.
Once I clean up this mess,
you're gonna help me get Zale.
We've got the photos. We
have a statement from Jared
claiming Terry Kucik was not
at the scene of the crime.
And we have the DNA.
What are you gonna do with all this?
Well, after that press conference,
you got people ready to rip us
apart whether we're right or wrong.
Public opinion is on your side.
Especially since the state won't
ever admit to a wrongful execution.
So we'll keep it all out
of the papers for now.
The DNA, Bankowski's statement.
- All of it.
- For what?
We want Terry Kucik
released pending a new trial.
Are you out of your mind?
Based on what? The confessions
of an executed criminal
whose statement proves he
was at the scene of the crime?
We know all that. Listen, Adam,
forget you're the district attorney
and future governor of the
great state of Pennsylvania
for just a minute.
Be my law school buddy again, all right?
Remember when we studied this shit
because we actually believed in it?
So be that guy again for just a minute.
- Look at the facts right in front of us.
- What facts?
The current evidence at hand.
We've got Terry Kucik's DNA
at the scene of the crime,
but Terry Kucik wasn't there.
We don't have Jared Bankowski's DNA
at the scene of the crime but
Jared Bankowski was there.
You have to ask yourself, Adam,
whose DNA is under Frances
Butler's fingernails?
Who was in that house with Bankowski?
I mean, you have to at least
consider the possibility
that the man who killed the Butlers
was never brought to trial.
So, you ready to listen?
Let's start at the beginning.
_
_
_
_
♪ I can't sleep ♪
♪ 'Cause they keep on trucking ♪
♪ Try and count the
days, the days, the days ♪
♪ Yeah, I keep on trucking... ♪
(door closes, locks)
- We done?
- Yeah, it's not gonna pick up tonight.
You seeing Danny tonight?
No, I have to get back to the office.
When you become a lawyer, will
they pay you to work at that place?
Not much.
Go on, get out of here.
- You sure?
- Yeah.
- You have your keys?
- Yeah.
♪ Freedom ♪
♪ You got to get you got to get out ♪
♪ You got to get out, freedom ♪
♪ You got to get out,
you got to get out ♪
♪ You got to get out ♪
♪ Freedom, you got to get out ♪
♪ You got to get out,
you got to get out... ♪
- ♪ Freedom... ♪
- (Applause)
You know, I speak in public all the time.
Some people think I speak too much.
(laughter)
Some people in this room
are probably just waiting
for the day they can shut me up for good.
But, you know, I never
get to speak in public
about the only person I
know who makes me speechless.
Woman on computer: In
less than three weeks,
Jared Bankowski will be
the first man to be executed
in Pennsylvania in the 21st century.
The crime... 12 years ago,
an African-American family
was brutally murdered
in their home in a primarily
white suburban area.
Also convicted as an accessory to the crime
was 17-year-old
Terry Kucik.
Man: What motivated Jared
Bankowski and Terry Kucik
we may never truly understand.
That's not to say that the
African-American community's outrage
at that time wasn't justified.
Adam: She is the woman in my life
who has made possible everything I am
and everything I'd ever wished to be.
(Applause)
Woman: Now, the trial
happened during the 2004
Democratic National Convention
when President Obama, who
at the time was a senator,
gave a memorable speech
that you quoted in your summation.
Yes, "There's not a white America
or a black America or a Latino America
or an Asian America.
There's the United States of America."
This was never a trial about race for me.
This was about justice.
This is heavy.
It's heavy.
Come here.
Are you crazy?
Adam: 11 years ago, Jared Bankowski
was sentenced to death for the murders
of Broderick and Frances Butler
and their daughter Emily.
In all the years of appeals,
not one piece of new exculpatory evidence
has been presented by the defense.
Jenny Butler, the only
eyewitness to this crime,
was eight years old at the time.
She and the people of Philadelphia
have been patiently waiting for justice
and they should have to wait no longer.
The governor signed an execution
warrant for 18 days from today.
It is the strong recommendation
of the commonwealth
that Jared Bankowski's
appeal for clemency be denied
and the date of his execution upheld.
Man: Is there anything you'd
like to say, Mr. Bankowski?
Very well. The board recognizes
the need for urgency in this case.
It will consider Mr.
Bankowski's appeal for clemency
and will submit its recommendation
to the governor shortly.
(theme music playing)
These letters are from Terry Kucik,
the codefendant in the Butler murder case,
convicted for accessory to rape and murder.
We did not take his case
because his conviction
was based on semen DNA evidence
found inside the
16-year-old murder victim.
- Sorry. Sorry.
- It's okay. Catch your breath.
And just so you guys
know, Christine's gonna
be running all third-year
interns, okay?
- And back to this Butler case.
- Man: They were convicted together.
So why didn't Kucik get the
death penalty like Bankowski?
The jury opted for life without parole.
Terry Kucik was 17. No record.
Woman: But I don't understand
why we didn't take his case.
- Why?
- I believe his story.
He said he was in a relationship
with the girl, that it wasn't rape.
Okay, look, you're not focusing
on the information that matters.
It's not about whether or
not you believe their story.
We get thousands of letters.
It is easier to get into Harvard
than to get us to accept a case.
We say yes only if we
can rewrite a narrative
that questions the prosecutor's case
and only if the science can answer
that question with a DNA component.
We're training ourselves
to find what we don't know.
Prosecutors, police can make mistakes,
but they also take liberties to make cases.
Not all of them. Not all the time.
They manipulate witnesses. They suppress,
even manufacture evidence
and they get away with it.
Not all of them. Not all the time.
Terry Kucik was convicted because his DNA
matched the semen found in the
victim. Nothing we could do.
Are we gonna be working
on the Bankowski execution?
- Maybe.
- No.
Guys, we don't go out looking for work.
Bankowski never once sent us a letter.
And besides, there is such
a thing as actual guilt.
So Christine is in charge of intake.
She'll be the one assigning
you letters to be read
and analyzed before they're
brought to the committee.
("Quiet Dog" playing)
♪ Boogieman ♪
♪ Simmer down, simmer
down, simmer down now ♪
♪ Simmer down now, simmer down now ♪
♪ Simmer down, quiet
dog, wild hog, my God ♪
♪ And the rocket don't stop ♪
♪ Brooklyn and the kids
heat up the stove top ♪
♪ Banging the Empire State
and navigating the way ♪
♪ Your preservation make
the greatest hip hop... ♪
(phone ringing)
(turns down radio)
Hey.
Where are you?
On my way to Lock Haven.
Why?
I'm driving. I shouldn't be on the phone.
- Are you just waking up?
- I'm on the late shift.
Listen, I was thinking maybe we
do something normal this weekend
like, I don't know, go to the Poconos.
Have sex on the hiking trail.
I'm not really a mountain girl.
They're the Poconos. They're
not really the mountains.
Besides, we kind of
really haven't seen much
of each other during the daylight.
I just thought that it might be nice.
I don't know.
I might get to know you too well.
Christine, tell me the truth.
Am I just like this sex toy thing to you?
No?
I feel so cheap.
(laughs)
- Hi.
- Can I help you?
Yeah, hi, I'm Christine Rosa
from the Innocence Initiative.
- I called Mr. Carbone...
- Dad!
Mr. Carbone, we spoke earlier.
Just wait.
These pictures could cause
a lot of problems, right?
I don't think he should
give them away for nothing.
Well, technically, they're the
property of the Philadelphia PD.
Yeah, so my father could get in
big trouble giving them to you.
He should be compensated.
Go make dinner. Come on.
I transferred all my negatives
to digital when I retired.
Did you tell anyone you were coming here?
- No, why?
- No one can know
that you got these from me.
Anyone asks me, I never heard
of you before. You understand?
Yes, but I...
We have to talk about the Bankowski case.
It's midnight. I'm going home.
Please just listen. Sit.
Terry Kucik has been writing us letters
ever since he was in prison
and we couldn't take the case...
Because his semen was found
inside Emily Butler's body.
Wait, wait, wait. In almost every
letter he explains his arrest.
In one he mentioned being
photographed by a police photographer.
- Again, his semen was found...
- Will you shut up?!
Sorry. Sorry.
I haven't slept.
Now, I thought if they
took photos of Kucik,
they must have done the same with
Jared Bankowski. Figures, right?
Well, see, now I'm afraid
to disagree with you.
There's no mention of
police photos of Bankowski
in either the discovery request
or the DA's evidence list,
which I thought was weird because
the DNA case against Bankowski
was all about Frances Butler's fingernails.
Bankowski's blood and skin
were found underneath them,
which meant she'd scratched him.
There's not a mark on him.
Why didn't the defense
find these in discovery?
Why weren't they on the DA's evidence list?
Prosecution had positive DNA results
and there was an eyewitness ID.
An eight-year-old girl with
the flu hiding under a couch
who just watched her family be murdered.
Where did you get these photos?
I can't tell you that.
Are you kidding me? These could be evidence
of prosecutorial misconduct.
Where did you get these?
I can't tell you. I promised
the source anonymity.
- I'm gonna go home.
- Come on, Clark.
We don't argue misconduct.
We don't ask for a Brady hearing.
We simply ask to retest Bankowski's DNA.
How long till the execution?
17 days.
Start over.
Adam: Suddenly after 11 years
somebody mysteriously finds
photos no one saw at trial
and lays them on the defense's doorstep?
Clark: You were the
prosecutor on that case, Adam.
It kind of made your
career, too, didn't it?
- I'm not running for office, Clark.
- Sounds like you are.
Boys, don't make me separate you.
Your Honor, I resent the
prosecution's implication of coercion.
- The Innocence Initiative has no...
- Coercion?
- It never has and never will.
- What you hear in my voice is outrage.
Jenny Butler witnessed her family
being butchered by Jared Bankowski.
He was proven guilty
beyond a reasonable doubt.
His appeal for clemency denied, and
now you're standing here telling me
that the murderer's rights are
more important than the victim's?
That's not at all what I'm saying.
If that verdict had gone the other way,
this city would have burned to the ground.
And what happens when this gets out?
Are you gonna take responsibility,
Clark? You gonna put out the fires?
Your Honor, we simply
ask that a stay be ordered
and a new DNA sample of Jared Bankowski
be tested against the
originals used at trial.
I'll take it under advisement.
I'm not going to issue a gag order,
but while this is proceeding,
for the sake of the city,
let's keep it out of the press.
- We agree.
- Fine.
I know time is of the essence.
I'll rule in 72 hours.
Mr. Rylance is with the
Innocence Initiative.
He's agreed to help with your defense.
- Did I ask for help?
- They found the photos, Jared.
We think they can force the judge's hand.
- To do what?
- Order a new DNA test.
- If we can show...
- You're not taking my blood.
- It's the best option we have.
- I don't care.
You're not taking my blood.
Clark: I have to ask this, Mr. Bankowski.
Are you guilty? 'Cause if you
are, we should all go home.
Well, I'm guilty of something
or I wouldn't be here, would I?
That's what my mother's priest tells me.
If we can show the DNA was
flawed, that's gonna go a long way.
They're not letting me out of here
until I'm dead one way or another.
I checked the TV. "All
My Children" is cancelled.
Nothing to hang around for.
Then why go through all those
appeals if that's how you felt?
They broke up the days. The years.
Gave pricks like him a day job.
Maybe early on I was stupid enough
to think there was a chance.
Don't play me to get
your name in the paper.
Christine: So you're
just gonna let this go?
The man's been sitting in
a cell preparing to die.
This is not an unusual reaction.
Let me talk to him. I can
get him to change his mind.
A: You're not a lawyer yet.
B: He's on death row.
You can't even get in to see him.
Dalton wants to give it a few days.
- We can't afford a few days.
- Listen to me.
I know this is personal for
you. I know your history.
But you've got to slow down
or you're gonna burn out, okay?
You want to be a lawyer?
You better get used
to knowing what should happen
and accepting what does.
You're eating? We have to go.
You know I can't eat
the food at these things.
It's $25,000 a table and all
they give you is cafeteria meat.
Give me a bite.
You make a good sandwich.
Don't get mayonnaise on your tux.
I don't even believe it.
The timing on this is so
damn obvious, it's comical.
Who are you talking to, mumbles?
After 10 years, right
before the man's execution,
there's new evidence? That's comical.
So what are you so upset about?
I'm so upset because it
ain't about the case, baby.
- Somebody is going after me.
- I don't want to hear it.
Trust me, I know what I know.
I wouldn't be so sure about Clark.
Nobody uses social media
more than the Initiative.
Half their cases are won in the headlines.
Clark is not after you.
Remember in law school he
went after the president
of the law review right after I said I was.
I told you I put him up to that
because you had your eye on
that boney-ass TA from Winnetka.
She wasn't boney-ass.
You know what, Adam? You're
not thinking straight.
Well, all right, tell me, Counselor.
What do you expect, Adam?
You think nobody's gonna
try to throw dirt your way?
Not at this case. Not at the Butler case.
Why not? It was your first big one.
If you want to take down a hero,
you take down what made him a hero.
That's what I would do. It's a smart move.
You're not gonna tell Jenny, are you?
- I don't think she can handle it.
- No.
Nothing's gonna come of
it. There's nothing there.
- Trey?
- (Boys laughing)
- Hey. How are you?
- Hey, Mom.
- Good. You look beautiful.
- Thank you.
Do you guys want some sandwiches?
Naw, it's all good. We're gonna order in.
Actually, can I use your bathroom?
Absolutely. You know where it is.
Adam, we've got to go.
- You want the rest?
- Naw, I'm good.
Trey, we talked about this.
Pull your pants up, boy.
- Dad, it's just a style.
- Trey, pull up your pants.
Baby, we have to go.
- Pull your pants up.
- Yeah.
Christine?
Terry.
Man, I can't believe you're actually here.
Been writing letters for years.
Every day another letter.
I know. I've read them all.
Thank you.
Really, I'd almost given up.
So where do we start?
I wanted to ask you a few
questions about the case.
Sure. Fire away.
Jared Bankowski had these photos
taken of him the night he was arrested.
Yeah, so did I. So why is that important?
Bankowski's DNA was found
under Frances Butler's fingernails.
That means that she had to
have scratched him or cut him.
But there's no marks on him
- in any of these photos.
- Right.
But what's that got to do with my case?
He's scheduled to be executed in a week.
Yeah, so?
So, I just wanted to
see if you knew anything,
anything at all that could help him.
Wait a minute. You want me to help him?
We can't take your case, Terry.
The DNA was specific.
Your sperm was found inside Emily Butler.
- Jesus!
- Guard: Kucik!
You read the letters, yeah?
We had sex that day.
I didn't need to rape her
because we were together.
The only thing that I know
about what happened in that house
was my girlfriend was murdered
and I'm in here for life.
And you know what? I'm glad
they're giving Bankowski the needle.
I'd give it to him myself if they'd let me.
Shit.
Woman: Do you want a sandwich, maybe?
- No, thank you.
- (Woman laughs)
Oh, you young women.
Careers, you're so smart,
but you don't eat a thing, do you?
Well, it's a busy time.
Oh, I admire you.
So wonderful to have a...
what would you call it...
a reason for yourself.
You know?
Not that raising a family isn't a reason.
It can be God's most beautiful reason.
But, you know, you do your job,
right or wrong, then the children leave
and then what reason do you have?
Have you seen your son recently?
No. No, I...
I used to go the last day of every month,
but he doesn't want me to go to that...
you know, where the...
where the... where the men go to.
Mrs. Bankowski, we're
trying to get permission
from the court to retest Jared's DNA.
Why?
We think there could have been a mistake.
After 11 years? What mistake?
That's why we need to do the test.
(Kettle whistling)
Excuse me a minute.
(Whistling stops)
Jared said no?
Would you talk to him?
Oh, no. Nope. Couldn't do that.
Jared said no, then it's a no.
But it might mean a stay. If
we're lucky, maybe even a retrial.
No, I have prayed on this many times.
What God has decided, let no man undo.
I don't mean to be rude,
but if you asked God,
I think He'd tell you
that was a load of crap.
You don't mean to be rude and
you talk like that in my house?
I'm sorry. I just don't understand.
Hey, I don't want to say
anything bad against you...
- Christine is it?
- Mm-hmm.
Don't you think it's a little cruel
to offer him hope after all these years?
But if there's a chance...
I'm gonna tell you something.
My son...
was headed toward this
since he was a teenager.
I was alone raising him.
I didn't want to see who he was.
And now, after all these years,
he has become a better man in prison
than he ever was out here.
After that horrible thing that he did,
God has given him a gift:
his redemption.
Do you work, Mrs. Bankowski?
No, I don't.
I've had health problems. Sciatica.
It must be tough getting by.
Well, I have managed.
Your house is lovely.
Is that a new flat screen?
I'm sorry, dear.
You're from what law firm?
I didn't get it.
Regarding the motion to
retest Jared Bankowski's DNA,
although the court finds
the photos compelling,
it is troubled by the
issues of chain of custody
and the possibility of manipulation.
And given the preponderance of evidence
and the eyewitness testimony,
the court has decided to
deny the defendant's motion.
The execution warrant shall stand.
Dalton: We'll continue to seek redress.
What if we went to an independent lab?
We wouldn't have access
to the crime scene DNA.
We can compare Bankowski's DNA against
the original results.
We have the printouts.
That's assuming the lab could
even turn it around that quickly.
We've only got 11 days.
You guys are forgetting
the fact that Bankowski
has refused to have his DNA tested.
I'm sorry, Christine.
("I'll Be Near" playing)
(distant sirens wailing)
Hey, you want to order in? I have to eat.
No, I'm not really hungry.
Why can't you help me, Danny?
Come on, you know people inside.
Just get me on a list to see
Bankowski. I'll do the rest.
Really?
Your kisses are so powerful,
I'm gonna completely
forget what I'm asking for?
Sorry, maybe if I go out
and commit multiple
murders, I'll get
your full attention.
Oh, come on. Don't be a baby.
You clearly have a
lovely evening planned out
with grisly crime scene photos.
What is your problem? Just say it.
You're saying this is a waste of time
because you know they're guilty.
Yeah, they are. The guys are
butchers. The evidence is all there.
You are such a cop.
Evidence is just evidence.
It's not always the truth.
This isn't about evidence.
This is not about who's killed who
or who's guilty or not.
This is about you being
a girl, me being a guy.
We just had unbelievable
sex and I would like to have
normal after unbelievable sex talk
and eat and, I don't know,
maybe do it a couple more
times a couple different ways.
All right, fine. Order cheesesteaks,
take your pants off, and
get me into death row.
Why does that turn me on so much?
Hi. Hi there. Good morning.
Yeah, you. Hi there.
I'm Christine Rosa.
I was supposed to ask for Rudy.
Rudy's on a break. Who you here to see?
Uh, well, I was supposed
to ask for Rudy, but...
Who are you here to see?
Jared Bankowski.
- You're not on the list.
- Not gonna be on the list.
I'll wait for Rudy.
I don't know when Rudy's gonna be back.
He could be gone for hours.
I wouldn't wait if I were you.
Are you Magoo?
That's a nickname. Why?
- Right, I heard about you.
- What?
You're the guard from Greensburg
who accidentally released an inmate
with forged signatures on the forms, right?
(laughs) I guess that's why
they got you on death row now
since there's no revolving
door here to confuse you.
- What's going on?
- Oh, are you Rudy?
I'm Christine. Danny's friend.
- Oh, hey.
- Look at that. Rudy's back.
The hours just flew by.
Look, I'll see what I can do,
- but I'm not guaranteeing you anything.
- Thanks.
Tell him I'm his new lawyer.
He'd be more interested if
I tell him your measurements.
(Door buzzes)
- (door buzzes)
- Taking over for Dalton?
This is my lucky day.
My name is Christine Rosa.
I work for the Innocence Initiative.
Sort of. I'm an intern.
But I'm taking my bar exam next month.
Show me your tits.
My father was on death
row. He was executed.
Hmm, let me see 'em.
Why won't you let us take a DNA sample?
Wait! Wait!
All I see is a bra.
I met with your mother.
Why? What'd she say to you?
I guess foreplay is over.
She says your execution is a gift from God.
Kind of an unusual reaction
for a mother, don't you think?
Something about this
isn't what it looks like.
When the cops picked you up,
you were with a Loretta Strauss.
A week later, she disappeared.
Never been heard from again.
Before she went missing,
she was arrested on a DUI.
Her bail was paid for by
someone named Louie Antonik.
Antonik was in the Kielbasa Posse.
He supposedly died of an
aneurism six months later,
but no death certificate...
Get out of here. Stay out of this.
And stay away from my mother.
The DNA sample, it'll
take less than 20 seconds.
- What do you care?
- Look, I don't know you at all.
Maybe you're a complete scumbag.
You want to die? That's your right.
But I don't like it when
the law gets manipulated
by people who think they
matter more than other people.
Like my father. Like you.
I hate their arrogance.
I hate they feel safe.
I hate they feel entitled to feel safe.
I want to make them sweat.
Even if they win.
Don't you?
Can you guarantee me something?
No matter what happens,
you make sure my blood is tested.
Of course. That's why I'm here.
I mean no matter what happens.
I guarantee
the test will happen.
Did they really kill your daddy?
(Bangs)
(door buzzes)
(door buzzes)
(crying)
Are you out of your mind?
You could get disbarred
before you even take the bar.
That makes no sense at all.
- How did you get in to see him?
- It doesn't matter.
I got it done.
I don't know what to say to you, Christine.
This is not about you or your father
or even Jared Bankowski.
This is about 137 clients
we have sitting in prison
who actually are innocent.
This is about a 480-case backlog
and the decade I have
spent whoring for money
so we can make good on our promises.
You have put all that at risk.
I should report you and fire you.
I understand. I'll leave on my own.
Don't move.
(Touch-tones beeping)
(ringing)
Hey, Clark. You calling to apologize?
Not in this lifetime.
I just want to let you know
that we've decided to retest
Bankowski's DNA through an independent lab.
Really? My sources tell me
Bankowski refused to be tested.
He changed his mind. As a former
colleague, I want to ask you a favor.
Could you give us access to
the original crime scene DNA?
- You're kidding me, right?
- No, I'm dead serious.
Adam: You have less than
a week till the execution.
You'll never get the results in time.
- We're still going ahead.
- Fine, Clark.
Good luck and good-bye.
(Alarm buzzing)
(buzzing stops)
(panting)
(laughing)
Trey, can you please
help me clear this table?
- Dad, you finished?
- Yes.
That étouffée was delicious, Billie.
You know that's Grace's brown roux.
She taught me how to make it.
Well, I wouldn't have dared
said this if she was here,
but you made it just as good.
- (laughs)
- Shh.
You can take some home
because there's plenty.
Thank you, baby.
- Let me grab that for you.
- There you go, son.
All right.
How you doing, Isaiah?
It must be lonely without her, huh?
It's an adjustment, there's
no doubt about that.
Yeah.
Sometimes I still wake up
and forget that she's gone.
It takes a few minutes to remember.
- But it's all okay.
- Yeah.
So, Trey, you still doing that writing?
- Yes, sir.
- What you getting... what they call that?
- Slam?
- Yeah.
Give me a few of them slams.
Okay, okay.
These girls are my infatuation.
God's greatest creation.
They have the power to put my body
in physical depression,
encouraging the animal inside of me
to take on a sexual aggression.
My words are inspired by the curves
and that's just a little
lyrical confession.
- Inspired by the curves, huh?
- Okay.
- Mm-hmm.
- (Laughing)
You hear that?
- You hear him? You hear your son?
- Yes, I did.
(laughing)
Better take that animal outside of here.
Excuse us for a second,
babe. Can I talk to you, Pops?
Sure, son.
- Excuse me, Billie.
- Yeah.
We have to face the real possibility
that these test results
might not be done in time.
It usually takes four to six weeks.
Yeah, but you'll still get them, right?
We're gonna put a rush on it.
I don't care when they're done.
You just make sure those tests happen
and everybody knows.
Would you sign that, please?
One more thing.
I want to see my mother
the day of the execution.
You're not really worried
about that DNA, are you?
No, we got Bankowski dead to rights.
- I'm worried about you.
- Why?
If Clark goes public with those photos,
then the press is gonna look directly
into your department's involvement.
The press is gonna make a story
out of the father and son
thing every chance they get.
Don't even bother yourself about that.
But it was my decision and my mistake,
and I don't want them dragging you into it.
Damn it. I knew it was the wrong move.
I knew it then.
I had those photos in my
hands and I was thinking,
"I can shoot these down
in trial, no sweat."
Bankowski's DNA could have come
from the scratches on his scalp
or someplace the camera didn't catch.
But I couldn't shake the idea
of reasonable doubt, Pops.
It was my first big case
and I just lost my
nerve for a split second.
And I buried them.
Just one stupid-ass move.
Whoa, we were under a lot of pressure then.
The city was out of control.
And like I told you then,
it didn't have to be neat,
it just had to be right.
Justice don't always play
right when color's involved.
But I didn't make the decision
because it was about color, Dad.
Every decision's about color, son.
Did you put the guilty away?
Yes, I know I did.
That's why I'm angry. I had him.
I was thinking in church today
how we keep missing the point about Christ.
The point isn't about being perfect.
The point's about being human
and making efforts to do what's right.
Those are the people we want to lead us.
The cost of being a great leader
is knowing that you're not a great man
and living with your mistakes every day.
We all have 'em. I know I do.
Don't doubt yourself now.
What did Billie say about all this, huh?
I never told her.
I don't understand, you promised
me that this would be over.
It will be, Jenny. It's just a formality.
(Sighs) This is never gonna end.
I don't think you can
do that in here, Jenny.
It's okay.
Jenny, listen to me.
This motion is a smoke
screen. They have nothing.
- Then why are they doing it?
- Politics.
- If they win?
- They won't.
They're not gonna execute a white guy,
not for killing black people.
Jenny, we're almost there.
I'm so tired.
I feel sick.
Jenny, 11 years ago, I made you a promise
to see this through.
I'm going to keep that promise.
That's why I need you
to speak out right now.
(sirens wailing)
I've been living in a
nightmare for the past 11 years
ever since I saw my family murdered
by Jared Bankowski and Terry Kucik.
When I heard that a judge was
thinking of reopening this case,
I felt like they were being
murdered all over again.
And I have to ask if my family was white
and the killers were black, would we
still be having to plead for justice?
And I beg the judge who's
considering this request...
I beg you, please let
my family rest in peace.
Please let me have some peace.
(Reporters shouting)
Rev. Cheeks: That's all
for now. No more questions.
(crowd booing)
I know you're angry and
you have every right to be.
All right, but you know
what I'm so proud of?
The fact that you came out here
tonight to figure it out together
without taking matters into your own hands.
Man: This wouldn't be happening if
he were a black man on death row!
- Exactly!
- Adam: I hear you, brother.
I do. But we are not here to divide.
The Butlers were African-American, yes.
But if they were white,
Latino, Native American,
we should still be here because
an injustice against one people
is an injustice against every people.
(cheering)
Now, we have got to start thinking that way
or else nothing is ever gonna change.
So I want to hear from you. I do.
But first let me say this. Now, many
of you have known me for a long time.
- Yes?
- Yeah!
Well, then you know I don't
back down from any fight.
I don't care who I'm up against.
(Cheering)
And I'm here to tell you tonight,
this fight we are winning.
(Cheering)
Justice will not be denied
Jenny Butler and her family.
No, not as long as I
am the district attorney
of the city of Philadelphia.
(cheering)
Hi.
Look, I don't want to bother you.
You don't know me at all,
but I just wanted to say I am so sorry
that you're going through all this again.
I'm really sorry.
(Distant train horn blaring)
(applause and cheering)
I...
I went through something similar.
Not at all like you,
but it doesn't matter what side
of it you're on when you're a kid.
You know, it stays with you forever.
My father was convicted.
He was innocent.
I know because I was with him
when they said he did what he did.
But nobody believed me
and I lost him.
When you're a kid and
you're sitting up there
in front of all those people
and everybody looking at you
and listening to everything you
have to say and you just feel like...
You work for that Innocence place.
Yes.
You think I got it wrong? You
think I identified the wrong men?
I don't know what
happened. I'm just trying...
You know, for years,
I tried to figure out what
was it in certain people
that made them want to kill.
Not just do it, but want to.
It had to be a certain
kind of person, I thought.
But then I realized,
no. It could be anybody.
Absolutely anybody at all.
And right now in this moment,
I completely understand what it
feels like to want to kill someone
and feel nothing about
it except satisfaction.
Did they tell you you were wrong?
(Silent)
(phone ringing)
(door buzzes)
(door buzzes)
Hi, Dad.
Hey, kid. Didn't expect to see you today.
Just wanted to see you.
Something happen?
You look tired, sweetie.
That's surprising.
I spent the entire day at the spa.
(Chuckles)
How are you?
How's your bronchial thing?
Did you get those homeopathic drops I sent?
No.
They confiscated them.
They thought you were sending me drugs.
I'll talk to them.
So, tell me what's going on.
Nothing. Everything's fine.
I want to talk about you.
- What's going on?
- (Laughs)
Nothing new.
Asthma's better. They gave
me one of those inhalers.
They changed the linens on the couch.
Little less scratchy.
Hey, did you get to section
nine in the Nietzsche?
I'm probably gonna get this wrong,
but he says that in order
for a man to become a hero,
first he has to become a
snake so he can know his enemy.
Something like that. But
it makes sense, right?
Right?
You know, a lot of the
stuff that you sent me,
I didn't think I was really gonna like...
Terry: My name is Terry Kucik
and I'm serving a
sentence of life in prison
for a crime I did not commit.
On the day Emily Butler was killed,
I was with her, I admit that.
Her parents had this pool house
at the back of their property.
We'd meet there whenever we could
because it was closer to this back road
on the other side of this stone wall.
I could get in and out
without anyone from the house seeing me.
(steam hisses)
I loved Emily.
But we couldn't let her parents find out,
so Emily didn't want to tell anybody.
But I was sick of not
seeing her whenever I wanted.
That afternoon...
it's so weird, but that afternoon
I remember telling her we
should go into the house
and tell her mom right then.
But Emily said no.
Her dad was working at home that day
and he'd probably beat the crap out of me.
I can see Emily right now
running into the kitchen door
of her house that last time.
I see it over and over in my head.
(door slams)
She never screamed out my name
like they said she did at the trial.
I wish she had.
We made love that day.
It wasn't like they said.
I would never have hurt Emily.
- She...
- (Glass shatters)
(muffled groan)
(muffled groan)
(glass shatters)
(tires squealing)
- What happened?
- (Sirens wailing)
Danny? What are you doing here?
I got the call over the radio.
What the hell happened?
Why didn't you call me?
I'm fine. I called the police.
I think we're covered.
You didn't have to come.
- That was Marty.
- Clark, Danny.
Danny, this is my boss Clark Rylance.
You're dating a cop?
Hi.
So do you know who did this?
Yeah, and it's not the
people that broke the windows.
We've been getting phone threats
since Jenny Butler's press conference.
What did Marty say?
Terry Kucik was attacked tonight.
Apparently they cut him pretty badly.
Hey, you done taking her statement?
No, I can't go. I have
to stay and clean up.
No, we're gonna do it tomorrow.
I'll ask and see if people
can come in a little earlier.
- Go home.
- Great. Come on.
Danny, I'm fine.
Thanks.
You don't have to stay. I mean,
if you have to get back to work...
Covered.
You do know you're supposed to sip that?
Do you want mine?
You know, if you were
getting phone threats,
you should have contacted
the police right away.
Nobody does anything until there's damage.
It's the law.
I hate the law.
I think you're in the
wrong job, then, babe.
It wouldn't matter a nurse or a waitress.
I am Calamity Katie.
(laughs) Who's that?
This character in these
books my dad used to read me.
Calamity Katie always wanted to help.
Her mom complains their collie is dirty,
so she throws it into a washing machine
and it comes out bald.
Her best friend is afraid of storms,
so she makes her dance in the rain
and the best friend
gets struck by lightning.
That was my favorite.
Used to crack me up.
Nothing bad ever happens to Katie,
just everybody around her.
Look, I...
I know that you don't like
to talk about your dad...
I didn't say that. When did I say that?
When we first started seeing each other,
you said you didn't like to talk about him.
To guys who don't stick around.
I can't seem to get rid of you.
Well, look,
I know that you want help eventually,
but, Chris, you could have
gotten really hurt tonight.
And for what? For Bankowski?
I mean, the guy's a monster.
I read the file. The guy is guilty.
(Sighs)
I didn't want to tell
you this, Danny, but...
I saw your sister in
an alley the other night
on her knees doing this guy.
(Sighs)
Yeah. And then she knifed
him and took his money.
I was shocked, but I know it was her.
And I have proof.
The guy is a friend of
mine. We can prove it.
Okay, I'll play. How?
I'm an eyewitness, he has a knife wound.
And I'll tell the police I saw it
and they'll make a report
and whether it's true or not,
some facts will support it, some won't,
but people will decide for themselves
because of what they're told
and what cops write in
reports and she'll be arrested.
Okay, so you're saying that
all guilty people are innocent?
Are you saying innocent
people never get convicted?
No. Look, I know mistakes are made,
but most of the time the guilty are guilty
because the facts prove that they are.
Most of the time.
My father has one more
appeal in about eight months.
And Bankowski, well, like it or not,
he's about the only execution
I have handy right now.
If I can find just one tiny crack
in one death penalty verdict,
then maybe I'll find
another one in another case,
and another.
Look, if you don't respect
the effort, I get it.
No, I do. You enforce the law.
You have to see in black and white.
But it's not the same for me.
So when you say he's guilty
like you're so sure just
because you read the case file,
who say my father is guilty
and I'll hate you for that.
I'm just warning you.
I stand warned.
(Dog barking)
- Hey.
- Hi.
You sleep at all?
There's coffee.
What you working on?
Why'd you tell Jenny?
I don't understand why you'd
put her through all of that
if you think this is gonna all blow over.
I felt she had a right to know.
You think I was wrong?
You already know what I think.
That's why you didn't tell me.
I don't know, honey.
There's something up.
The closer it gets to the execution date,
she's, like, nervous and distracted
and I finally had to
tell her, you know what,
just don't even come to work
until all this blows over.
Okay.
I'm going for my run.
- Can you wake up Trey?
- Yup.
Hey, Adam.
Yeah, babe?
We're not becoming those people, are we?
What people?
You know, just all about the moves.
We're fine.
(Monitor beeping)
How you doing, brother?
- (Growls)
- (Groans) Oh, not...
I squeeze you a little
hard there, princess?
Hey, man.
How'd you get in here?
One of the nurses is one of our boys.
They stitch you up good?
Yeah, I'm fine.
We don't know who did this yet,
but we're gonna find out
and we're gonna send them
a message, believe me.
No one does this to one of
ours and gets a free pass.
- I don't know.
- What?
What?
I let my guard down.
It hadn't happened in so long,
I thought I was clear of it.
You know?
But all this stuff around the execution,
it's bringing it all back.
No one's gonna touch you again.
You got to come back into the
fold a little bit, brother.
You've been a little,
you know, distant-like.
You need to show them where you stand
when you stand out there in the yard.
Now, if you would have done that,
no one would have dared ambush you.
I'm just so tired, Raymond.
You know, I don't know how
much more I can keep it going.
I just don't see the point.
We're like the Marines, you know?
(laughs)
Our bond is for life.
Only difference is our war never ends.
Okay, guys, we're gonna
turn this around and use it.
We've got less than two days.
We need public support pumped on our side.
Here's what I want. I want
every news outlet contacted.
I want the Internet buzzing.
I want Vanessa and Bryce and you
to help me follow up
with the Board of Pardons
for a reconsideration based on
new evidence, the photographs.
We need a unanimous vote by
all five members of the panel.
I have the schedules and addresses
of each judge. We'll get on that.
Great. Christine is
leading drug litigation.
Pentobarbital is the norm.
But since European companies
stopped exporting it,
prisons are using local
pharmaceutical companies.
So we need to find out
what drugs they're using
for the execution and
where they're getting them.
Guys, if we can prove this
execution drug compound
has not been sufficiently tested
or even if these drugs are expired,
anything, then we can
get a motion for a stay.
And keep on the DNA labs.
I want calls every hour.
Now go. Go!
("The Seed" playing)
What's Midazolam?
Andy, Andy, come on. You're
not gonna write that, are you?
The Initiative has not once,
nor will it ever disrespect Jenny Butler.
Are you kidding me with this right now?
What are you selling to the
Pennsylvania death chamber?
I did.
Andy, use your tiny brain for one minute.
Who do you think told Jenny
Butler about retesting the DNA?
Adam Page didn't contain reactionary
violence. He fueled the fire.
I need you to tell me what the compound is.
Jesus, where did you study
journalism? At Fox News?
So when they execute Jared Bankowski
and he screams out in pain
and we autopsy the body
and find out the compound
did not meet FDA requirements
and bring a lawsuit against
Thompson Pharmaceuticals,
will you be able to tell the
courts then what it is?
I'm telling you right now, the
higher that you raise up Adam Page,
the lower you're gonna fall when he drops.
And the piss that you feel on your forehead
is gonna be mine.
Give my love to Ruth.
Christine.
You got to love this job, huh?
Clark: We've got calls in
everywhere. Stein turned us down,
but we're waiting on Judge Logan.
He's the federal judge.
And, of course, the governor.
But in an election year,
he's probably a long shot.
- Did you call my mother?
- She said she'd be here.
I don't see her anywhere.
You see her anywhere?
(Door opens)
- You got another visitor.
- (Door buzzes)
Guard: All right, let's go.
(Door buzzes)
Oh, is that... is that necessary?
Yes, ma'am.
(Door closes)
You look good.
Thanks.
I already ordered my last meal.
You know what I ordered?
No.
I don't want to know that.
Hot dogs.
They got the same ones
in here you used to buy.
Couldn't believe they still make 'em.
Remember I used to beg
you to buy the fancy ones?
- Like on TV.
- Yeah, I remember.
They were too expensive.
Well, it's all the same
anyway. Just the packaging.
Ones you used to buy
were, like, grey-colored.
Well, you could have gotten them now.
You should have ordered
the fancy ones. (laughs)
Well, I don't want to acquire a taste
for the finer things at this late date.
(Sniffles)
I've been hearing all
kinds of things on the news.
I don't understand about that DNA.
They're retesting it.
Check if they got the right guy.
Do you think there's a chance?
No, Ma.
It's not gonna change anything.
For me.
Oh.
(laughs)
Oh, yeah.
So you're still blaming
me for all this, huh?
I made all this happen.
No, Ma, I don't blame nobody.
I made you a criminal.
I made you steal and scam
and try to make money without ever working
and trying to be the big shot
with that scum you hung out with.
I did all that, didn't I?
You broke my heart for a long time.
Well, it took that long to find it.
You did this to yourself.
I sit at home and I wonder...
how did things come to this?
Why did I deserve this?
There's no reason, Ma.
You think when you're looking at the end,
you're gonna get the reason why
everything was the way it was.
But you don't.
Don't waste any time thinking about it.
We are who we are, Ma.
Truth is, I gave you a better life in here
than I ever did when I was out there.
Was it worth it?
(Door buzzes)
- Mom.
- (Door opens, closes)
- Guard: Open six.
- (Door buzzes)
Mom!
(Dog barking)
Shh. Molly, stop.
Woman: No!
- (dog barking)
- Man: Where are you going, huh?
(man grunts)
- Woman: No!
- Man: Come here!
- (breathing heavily)
- Come here!
Quiet!
- Man: Get back!
- Woman: Please, please!
- Man: Where are you going?
- (Slashing)
(woman screams)
(dog barking)
- (slashing)
- Man: Shut up!
Quiet!
(Woman screams)
Time is our enemy.
Monica, you're gonna follow up
on the habeas corpus petition.
Jake, you work the governor.
Call his chief of staff,
his legal advisor, whoever.
Play up his need for the
working-class white vote this year.
- I know the governor's rabbi.
- Great, see if he'll weigh in.
Andrew, you're gonna handle
the Supreme Court justices.
And, Christine, you'll
stay on top of the DNA lab.
Alan and I are gonna be at the prison.
We've got nine hours. Let's go.
(Knocking)
(locks click)
Hey. What are you doing here?
You asked me to take
you to the prison, Jenny.
Right.
I'm kind of tired. I had to...
- Hey, whoa, whoa.
- I had to take something to sleep, but...
Hey, wait. Wait, whoa. No, no, no.
Jenny, Jenny, Jenny, Jenny, Jenny, Jenny.
Come on. Come on. I'll
make you some coffee.
Where's your shower? Where's your shower?
- It's over here.
- Okay, come on.
Woman: Look, we've done
everything we could.
The results just aren't complete yet.
We need more time.
We don't have it.
(Train horn blaring)
(sighs)
(door buzzes)
The governor refused the stay.
He's running against the AG
and he's not gonna look soft on crime.
(door buzzes)
I'm sorry, Jared.
It's time for visitors to leave.
I'm sorry.
Jared, is there anything else that
we can do for you?
There's one other thing I don't want
to carry with me to the other side.
Terry Kucik is innocent.
He was never there.
What the hell was that?
I mean, do we believe him?
- Do you?
- Yes.
What reason would he have to lie now?
There's always a reason to lie.
I believe him.
Well, look, he's guilty, all right?
So we wasted a lot of time
and effort for a guilty man.
Wait. Just... no. We just wait for the DNA.
He just said that he was there, Christine.
The reason he knew that Terry
wasn't there is because he was.
Unless he's lying.
Unless he's lying, yeah.
But if he's not lying, Terry
Kucik's letters are the truth.
All these years, he's
been telling the truth.
And Jared Bankowski's DNA should come back
as a positive match for the crime scene.
(Kicks wall)
What?
Something's not right.
You don't have to go if
you don't want, Jenny.
I can turn around.
I need to see him die.
("A Quiet Darkness" playing)
♪ Well, heaven rode my back ♪
♪ And the angels dragged my throne ♪
♪ Only yesterday ♪
♪ Only yesterday ♪
♪ I carved out your name ♪
- ♪ And only yesterday... ♪
- Woman: No!
♪ I built you a shrine ♪
♪ On the side of the road ♪
♪ And I shut my eyes ♪
♪ And laid my hands to rest... ♪
(TV playing)
♪ In dreams ♪
♪ There's a way ♪
♪ To die... ♪
No!
♪ In dreams ♪
♪ There's a way ♪
♪ To die ♪
♪ Well, I towed you from the wreck ♪
♪ Of dimming shadows in my head ♪
♪ Only yesterday ♪
♪ And only yesterday ♪
♪ I laid you to rest ♪
♪ And only yesterday ♪
♪ I wept for your shape ♪
♪ In its endless decay... ♪
(TV playing)
Why are we closed?
I didn't feel like working today.
Have you eaten? I' got more.
I'll just pick.
I visited your father today.
How...
how was he?
Like nothing had happened.
Like it was any other day.
I got the full Rosa treatment.
Move on with your life, Maxine.
Find yourself a decent man.
Who the hell wants a decent man?
Decent. God, I hate it
when he talks like that.
He never thought he
deserved better in life,
even when he had it.
And when your mother
left him, that proved it.
I only had a couple of good years
before everything changed.
Not much time at all when you consider...
I mean, I'm not saying that
I've been a nun all these years,
but I just can't seem to
get close to any other man
the way I am to him.
(laughs)
It's funny how that happens, huh?
(Knocks)
Hey, slow down, all right?
- No.
- Hey.
- Hey, come on, Chris.
- Stop talking.
- Just stop talking.
- Come on, hey. Hey.
- What?!
- Cut the shit.
Okay? What the hell is going on with you?
(Breathing heavily)
Why can't you tell me stuff?
You had a bad day, I get it.
Talk to me.
Chris, come on.
What is it?
(Crying) I should have
been with my dad today.
I should have been with my dad.
Look, I don't want you to be mad.
I had a look at your father's case file.
And?
This guy that they say that he killed,
did you know him? Did you know him well?
He was my mother's fiancé.
I didn't really like being around him.
He was always trying too hard.
Why?
Well, maybe next time you go see your dad,
I can come with you.
So who is this guy?
He's a friend.
He's a cop and a friend.
You trust him?
He can't make things worse.
How long have you been together?
We're not together together.
- But you like him.
- Dad, just...
Okay. All right.
You like him. I can tell.
Yeah. I'm glad.
I'm...
I'm sorry I wasn't here
with you the other day.
Why?
A man got executed.
Wasn't my birthday.
Maxine came.
She sat there
trying to make conversation.
I said to her, "What?
Is that supposed to make me feel better?"
You can't hide what's in your eyes.
She made me feel like shit.
You didn't get mad at her, did you?
We had a fight.
I told her not to come anymore.
She didn't tell me that.
She's a beautiful woman
with a lot of good years left.
I can't look at her anymore.
So, this cop guy.
Does he have a name?
No.
He's nameless.
He's the cop with no name.
Brat.
Asshole.
(laughs)
(papers thump)
Trey: It's not mine.
Do you know how many times I've heard that?
- Yeah, but it's not.
- It's not yours?
Well, do you smoke it? 'Cause
that's really all that matters.
- I've tried it.
- You tried it.
Everybody's tried it.
Haven't you ever tried it?
Have I tried it? The point is
is I want you to stop trying it.
You are too young, Trey.
It will mess you up in the end, trust me.
- All right.
- I don't want this problem in my house.
If it happens again, I'm
gonna talk to your father.
- No.
- Yes.
- (Doorbell rings)
- Get upstairs and get your stuff.
I don't want to be late for work.
- Good morning.
- Hi.
- How are you?
- Okay.
We're just waiting on Trey.
Are you sure it's okay that
I'm coming back to work?
Oh, sweetie, absolutely.
Are you sure you're ready to come back?
It's time.
Research is quiet. I like it down there.
Over. I'm good.
Okay.
Trey!
I'm coming. I'm coming.
Hey, Trey.
Hey, Jenny.
Look at you, you little stud.
Uh, okay, that'll be enough, you two.
Let's go. Come on.
- Hey.
- Hi.
Want a drink?
Yeah, give me a bullet, neat.
I'm sorry I haven't been
around for a couple days.
It's okay.
Besides, you're working
even when you're not working.
What does that mean?
That's the DNA report on Jared Bankowski.
You were right.
The test came back
negative. It wasn't his DNA.
So...
so, he was innocent?
Woman: He didn't have an appointment,
but Clark Rylance is in your office.
He said it was urgent.
Hey.
You want a coffee?
Bankowski's DNA came back negative.
That doesn't mean he wasn't guilty.
He may have been guilty of something,
but he didn't kill that family.
- The wrong guy was executed.
- You don't know that.
Come on, man, we've been
friends for a long time.
What I know is that we
still have an eyewitness.
What I know is that even
if Jared Bankowski's DNA
wasn't under Frances Butler's fingernails,
it doesn't mean he didn't
hold the knife that killed her.
Oh, you better hope you're right.
Because we're gonna be looking
in every corner of this case.
And if you're wrong,
it'll be the first time
in American history that a state is proven
to have executed an innocent man.
See how that sits on your resume.
You talking about my
resume or yours, Clark?
What, you want to come after me?
It's not about us. It's about what's right.
I don't need a lecture
from you on what's right.
We have worked this case for 11 years.
Jared Bankowski murdered that family.
And yet you got the DNA wrong.
We're also reviewing the
Terry Kucik conviction.
We're gonna be asking for a new trial.
How did this happen, Adam?
(Knocks)
Let me call you back. Thank you.
Close the door, Pop.
- What's this?
- Clark got the lab results.
His lab says it wasn't
Bankowski's DNA at the trial.
You have to get your own independent test.
I am. I called Larry at the Jersey labs.
Keep it off the radar.
Is it possible the original DNA was wrong?
No, this isn't about the Butler case, Pop.
Somebody's trying to bring me down
and it's somebody with all
the pull and all the money
and somebody so deep in the
background, his hands stay clean.
- Zale.
- I must be getting closer than I thought.
What do you have on him?
We haven't finished the investigation,
but his pockets are full of dark money
and he's pushing it through
phony nonprofit organizations
all over the state, changing zoning laws,
getting his buddies on the
school boards, you name it.
Son of a bitch.
And your boy Clark is working with him?
No, I know Clark.
I don't believe he has
any idea he's being used.
But I got to do my homework.
I ordered all the trial evidence
out of storage from the courthouse.
But I keep going over
this in my head, Pops.
When the forensics came in,
we went through everything.
We sent it to the labs. It was perfect.
What's his name was running it back then.
Patel?
No, no, no, no. We didn't use Patel.
He was overloaded. We used Rhubari.
That's right. Rhubari.
I haven't heard about him in a while.
- Is he even still working?
- No, I think he's retired.
And you trust this guy up in Jersey, huh?
100%.
Once I clean up this mess,
you're gonna help me get Zale.
We've got the photos. We
have a statement from Jared
claiming Terry Kucik was not
at the scene of the crime.
And we have the DNA.
What are you gonna do with all this?
Well, after that press conference,
you got people ready to rip us
apart whether we're right or wrong.
Public opinion is on your side.
Especially since the state won't
ever admit to a wrongful execution.
So we'll keep it all out
of the papers for now.
The DNA, Bankowski's statement.
- All of it.
- For what?
We want Terry Kucik
released pending a new trial.
Are you out of your mind?
Based on what? The confessions
of an executed criminal
whose statement proves he
was at the scene of the crime?
We know all that. Listen, Adam,
forget you're the district attorney
and future governor of the
great state of Pennsylvania
for just a minute.
Be my law school buddy again, all right?
Remember when we studied this shit
because we actually believed in it?
So be that guy again for just a minute.
- Look at the facts right in front of us.
- What facts?
The current evidence at hand.
We've got Terry Kucik's DNA
at the scene of the crime,
but Terry Kucik wasn't there.
We don't have Jared Bankowski's DNA
at the scene of the crime but
Jared Bankowski was there.
You have to ask yourself, Adam,
whose DNA is under Frances
Butler's fingernails?
Who was in that house with Bankowski?
I mean, you have to at least
consider the possibility
that the man who killed the Butlers
was never brought to trial.
So, you ready to listen?
Let's start at the beginning.