The Divide (2014): Season 1, Episode 3 - Facts Are the Enemy - full transcript

_

Man: All visitors must
have identification ready.

How much of a chance is there?

Well, the DA's not going to release you

based on Jared's statement
alone. We need more.

You guys were tried separately,

so we just want to go over
Jared's trial with you.

Tell us anything you can.

Larry, let me ask you something.

Nobody knows how this
works better than you.

In your opinion, and I
know it's just an opinion,



what is the more likely scenario

given that you've tested the same sample,

that there was an error
in the original DNA test

or that the report was compromised
after the results came in?

(Knock on door)

Larry, let me call you
back in about an hour.

Okay? Thanks.

Hi. Are we too early?

No, you're right on time. Have a seat.

You need to look at this.

What is it?

You said in your testimony that you
knew Jared, but weren't friendly.

I mean, yeah, he was a guy
around the neighborhood.

You know, older.



- Was kind of a joke.
- Why?

From what I heard, Jared
always wanted to get in

with the Kielbasa Posse gang,

but they never took him seriously.

So the Butler house was under
renovations the spring before

and Jared Bankowski was on the crew?

Yeah, my dad's construction
company had the job.

He hired Jared. Didn't like
him much, but it was a favor.

- A favor to who?
- Ida.

- Ida Bankowski?
- Yeah, she was Dad's accountant.

That's not possible.
They're wrong. I saw him.

I know. Jared Bankowski was in the house,

but the man who attacked your mom...

are you sure that was Jared?

- You saw his face?
- You don't believe me.

I believe everything you believe, but,
sweetheart, something's not right here.

Did you or your dad know any
of these Kielbasa Posse guys?

No, no, my father would have
thrown me out of the house if I had.

I mean, he wanted to anyway
just because of Emily.

Your father knew about you and Emily?

Yeah, he...

he walked in on us once in my room.

No, he's dead. It's over.

I don't have to do this anymore.

I'm of age now. I've been
thinking I might move away.

I can do what I want now.

Jenny, when's the last time
you spoke with Dr. Patterson?

You've been having those
episodes again, haven't you?

They're worse when I'm with
him. He makes me remember.

- I can't do that.
- Adam: I know it's hard.

But until you can really
face what happened,

you're never gonna have any
kind of life for yourself

no matter where you are.

Look, man, come on.

You're asking the wrong
questions, all right?

I mean, how come you never
ask me if I know who did it?

Huh?

I mean, you're sitting here for 11 years,

you drive yourself crazy
trying to figure it out.

And then suddenly it just clicks, right?

Who was it?

Scumbag drug addict.

You know, he hated Emily being with me.

But we were best friends.

But, you know, you're never gonna get him.

It's just not gonna happen.

They got people in here.

They got people everywhere, I know it.

(Theme music playing)

Forget it.

Why? It's a possible suspect.

You know what? He's not stable
and even he knows there's no proof.

- We'll get proof.
- Can you shut up a minute?

Come here. Yeah, just come over here.

Now, look, I know you think you're
the smartest person in the room,

and I can respect that
because I think I am, too,

but you've got to listen
to what I'm saying.

Number one, you cannot, may not, will not

go after any member of the
Zale family in this city

like some Olsen twin
with a magnifying glass.

Do you know who Eric Zale's father is?

Stanley Zale. That's why we should move.

The press will be all over this.

What Oliver Stone movie are you living in?

He is the richest
conservative in the state.

Do you know what happens
when people like us

go after men like him without
legal protection or proof?

We wind up covered in lye with
no teeth and no fingerprints.

Or worse, you know, they just shut
us down and take away our funds.

Terry did get that part right.

He deserves to be released, Clark.

That's what I'm saying.

You will hurt his
chances of being released.

To do this right, we have to take the time.

This is when the law works.

If you want to help, go
study for your bar exam.

- I study at night.
- You're here at night.

I don't want to be your mother.

I offered you my study
group and you said no,

and that's fine, but I
don't have to remind you

that if you don't pass the bar this
time, you won't be able to take it again

till after your father's final
hearing with the board of pardons.

You've done an extraordinary
thing here with Bankowski.

We are working on Terry's release.

There's nothing for you to do right now.

Take a breath, focus on the bar.

Hang out with your boyfriend.

But unless you want to
join the study group,

don't come back to this
office till after the exam.

Um...

- Clark.
- Christine.

Why didn't Ida Bankowski
claim her son's body?

Ida's gone. I contacted her
about a possible civil lawsuit.

- And what'd she say?
- How much?

And then she told me to call her back

and when I did, her phone was disconnected.

Maddy found out through a
realtor her house is up for sale.

Ida Bankowski is nowhere to be found.

Your Honor, my clients

are a not-for-profit
organization called Food 4 Philly,

providing food and shelter to the
homeless and shut-ins of our city.

They received a 60-day petition

to provide certain infrastructure
upgrades on their properties

or they'd be forced into receivership.

Mr. Zale offered a donation commitment

of $250,000,

which would have fully covered
the renovation expenses.

He made personal assurances that
his donation was forthcoming.

At the 11th hour, Mr. Zale decided
to renege on his donation offer.

Food 4 Philly was forced to
sell their properties at a loss

to Boydon Industries, which,
it has now been discovered,

is a subsidiary company
owned by the Zale Collective.

It is our belief that Mr. Zale
committed real estate fraud,

manipulating the organization
to lose their properties

at the 11th hour so he
could buy them at cost.

City property inspectors
reported that the building

owned by Food 4 Philly had
substandard electrical systems

and three nonfunctioning
bathrooms for over four months.

There's also a history
of mismanagement of funds.

And, look, I applaud everything
you've done and accomplished.

But at the same time, if
you're gonna provide a service

for the underprivileged,

it requires solid business acumen

and organizational skills,
not just good intentions.

These people without jobs, without homes,

they count on you, and
if you cannot provide

an organization that they can rely on,

then you're actually part of the problem.

Stanley Zale did this

just so he could buy the
property. You deny that?

The only thing Mr. Zale is guilty of

is losing confidence in
a nonprofit organization

that has proven its inability

to manage its funds.

So instead of suing him,

you may want to sue your attorney

for not doing his due diligence

on Mr. Zale's subsidiary companies.

Hey.

I know who got to you.

We have names. I'm gonna have a meeting.

We're gonna decide what to do.

You have to be there.

When we strike back, you
have to be right at the front.

We got to send them a message
that they do not touch you again.

Ray, listen to me. There's a
chance I might get released.

Okay? It's gonna take some time,

but there's a chance and I
just don't want to screw it up.

All right?

Are you crazy?

This is your life we're talking about here.

The only time in here is today.

You're gonna bet your life on some girl

who's not even a lawyer that
tells you you have a chance?

That's bullshit.

You got to start paying
attention to what's what

right now or you're gonna die.

Now you have to stand with
us the way you used to.

The way you took on Roberto Diaz.

You remember that?

I don't like to see you get played,

but you have to see
things the way they are.

Honestly, you think they're ever
gonna let you walk out of here?

(knocks)

- Hi. Mrs. Kucik?
- Yes.

I'm Christine Rosa. I'm with
the Innocence Initiative.

We're working on your son's case.

Oh, really?

- Oh, uh, come in.
- Thank you.

My shoes are wet. I don't
want to mess up your floor.

Oh, it's all right. Come in.

- Okay, thanks.
- Right.

Would you like a cup of coffee?

Oh, no. No, I'm fine, thank you.

- Okay, come on.
- Okay.

Terry, he didn't mention anything
about his case being reopened.

You've spoken to Terry?

I see him every week.

I was wondering if your
husband was at home.

Rosa. Is that Italian?

Polish. My father.

My mother's family is English/German.

Ah, English, German, Polish.
You're like a world war.

I have some questions.

I just want to know what's going on first.

Right, sorry.

There's a chance that we might be able

to get Terry released and retried.

Why?

What happened?

We have reason to believe
there were errors made.

But the girl identified him.

Yes, but what the witness saw

and what she remembered is
also being called into question.

So a man is identified,

spends 11 years in prison,

and he's not guilty?

I don't believe it.

It happens, Mr. Kucik.

More often than you think.

So what are these questions?

The crew that you had
working on the Butler house,

do you remember who you hired?

Yeah, yeah. I told this stuff already.

Jared Bankowski was on the crew.

He was lousy, but he showed up.

And did you change the
crew during the renovation?

- Sure.
- Is there any record

of all the men you hired for that job?

No, that's all gone
when I lost the business.

Nobody hires a construction
company to build a house

when the owner's son kills
the people that move in, right?

Your son is innocent.

They found his... what do you call it...

inside that dead girl's body.

It's all because of that girl.

Did you know Loretta
Strauss, Jared's girlfriend?

No.

I did.

Well, not her.

I knew her mother.

We worked together.

I did hear that Loretta came
home, as a matter of fact.

No one's supposed to know,

but they say that she thought maybe
there would be a funeral for Jared.

Do you know if there will be?

Judge: Next case...

Robert Mercer.

Um, here, Your Honor.

Second DUI offense.

One-year license suspension has expired.

Spent 30 days in jail
and paid a $3,500 fine.

Are we here to reinstate his license?

Uh, yes. That's the intention.

I'm sorry. Is your client in the courtroom?

I'm representing my brother, Your Honor.

He was supposed to meet me here

and I don't know what happened.

My apologies.

I have a full docket.
You'll have to reschedule.

Next case.

Whoo.

It is a mess out there today.

How you feeling, old man?

Oh, man, it snuck up on me.

Got the shivers and
couldn't get back to sleep.

- Yeah?
- Mmm.

Let me feel you. Yeah,
you're a little warm.

I can't believe you didn't
have any medicine in the house.

When was the last time you saw me sick?

I wouldn't know what to buy anyway.

- Your mother did all that.
- Try that.

, is it?

No. This is for daytime.

This is for nighttime.

It'll knock you right out.

(groans) Oh, that's nasty.

I bought some soup.
Have you eaten anything?

Don't got much of an appetite.

Don't you have to be at work?

You don't need to be here for me.

I'm on my lunch break. I can
spend a little time with you.

Boy, your mother would
smack you into next week

if she saw you eating
in here without a bowl.

(Chuckles)

Hmm.

So, have you decided what you're gonna do?

- About what? About Bankowski?
- Mmm.

I'm not gonna lie. That DNA
report knocked me on my ass.

The man was guilty.

Not of killing Frances Butler, he wasn't.

- Not according to science.
- Science.

They think they're gonna use
it to protect the innocent,

but all it does is give
the guilty another way out.

Now I'm hearing we got different
DNA in different parts of our body.

It's called multiple...

Multiple genomes. It's
just hypothetical now.

Till they change their mind again.

They think they got it all figured out,

then they realize they don't know shit.

Well, I'm unofficially
having all the DNA retested

from both trials.

Even the rape kit.

What the hell for?

Bankowski's dead.

Well, there's still Terry Kucik.

Son, you're a DA.

You're not the public defender.

It's over. Leave it alone.

All right. All right.

I didn't come over here
to raise your temperature.

Man.

Is that Mama?

Yeah, but she's not in there yet.

You want me to put her in?

No.

I should do that.

Yeah.

- (Man shouts)
- (Objects crash)

- Man: What's happening?
- Man 2: Hey!

- The COs is coming.
- I'm out of here, man.

Move. Move.

Guard: You heard me. Back up.

Oh, shit.

(Door buzzes)

Guard: Go! Everybody out!

No. No.

(laughs) How did you find out?

Terry called me.

He called... he has your cell phone number?

- Yeah, why, is that against the rules?
- Yeah, that is.

We have to do something to get him out now.

- They're gonna kill him.
- Something like what?

I know where Loretta Strauss is.

Who... where is she?

Celia said she snuck into town.

- Who's Celia?
- Terry's mother.

I met with his parents. His
father is a real piece of work.

Explains why they never called
him to testify. What is that?

This is a tiny Xanax.

Now, I told you not to
come back to this office

unless it was for the
study group and I meant it.

"Tukka Yoot's Riddim" playing

Let's go.

- Christine, come on.
- All right. All right.

♪ Critics and cynics
complain that it's a fallacy ♪

♪ Claiming rap music has
a lack of musicality... ♪

(doorbell rings)

Hey, Uncle Bobby. What's up, man?

- Trey!
- Oh, man.

Oh, my brother, it's cold.
My ass feels like two cubes.

- (laughs)
- Look at you, little big man.

All grown up since the last I saw you.

How you like my suit? Sharp, huh?

It's a good look, man. You look good.

Man, style never leaves.

Once you got it, you got it.

I can wear a paper bag and start a trend.

- (laughs)
- Anything to eat in the house?

- Yeah, I got grub.
- Look at how big you got, man.

- How many girls you slapping it with?
- I lost count.

You remember how you do this, Jenny?

Good.

So close your eyes.

Breathe in.

And out.

Breathe in.

And out.

Remember that day.

Tell me what you're doing.

I was home from school with the flu.

No, don't tell me what happened.
Tell me what you're doing.

I see. I hear.

I'm standing. I'm walking.

I hear a noise. A loud noise.

I hear voices.

My mother, my father. Other voices.

Other people.

Footsteps down the stairs.

Patterson: Keep going.
What did you do then?

I'm getting out of bed.
I'm walking to the door.

I'm reaching for the
doorknob. I open the door.

I stop.

I'm afraid. I hear voices.

I'm looking downstairs.

I see them run by.

I'm hiding.

And where are you?

I'm hiding in the linen
closet. I hear fighting.

I hear my mother crying.

Something falls. Someone.

I'm looking through the door.

I see...

What do you see?

My mother crawling.

Blood.

Sneakers. White sneakers.

His legs over her, going for her.

Patterson: Can you see his face?

No. His legs, his white sneakers.

Mom crawls. He follows
her. I hear her scream.

I'm running down the stairs.
I'm hiding behind the couch.

I don't hear anything.

Then I hear footsteps

coming down the stairs.

He sits on the couch. I see his legs.

His white sneakers with red on them.

I look away. I'm looking
through the window.

I see...

Patterson: What do you see?

(sighs)

I see Emily walking to the house

buttoning her shirt. I want to yell to her.

I'm scared. I hear the door open.

I hear Emily scream.

Okay, breathe, Jenny. Breathe.

Now we're coming to the
part where you usually stop.

I want you to try to stay where you are.

Try to go past this moment.

Jared Bankowski.

I see him looking into the kitchen

where my sister...

he sees me. He's gonna hurt me.

He's gonna hurt me. I
see him move towards me.

I hear a sound from the
kitchen. He hears it, too.

I hear Emily scream.

And then nothing. I don't hear anything.

I see him.

He stops.

He wants me to be quiet.

He wants me to stay where I am.

He wants me to hide. He's scared.

He doesn't want to hurt me.

He was warning me.

He was trying to help me.

(TV playing)

(knock on door)

I don't want to interrupt.

Please, interrupt.

Beer? How's it going?

How did you know I was home?

Clark called me.

We're both firing you until after the exam.

- It's a conspiracy.
- (Laughs)

He's a good guy and he cares about you.

I like him.

You think he likes older women?

- Clark is an older woman.
- (Laughs)

You can't handle
downstairs all by yourself.

Oh, my God. In this weather?

I'm lucky if I get my regulars.

You have no table to eat on.

I'll eat in bed.

Hey, Danny told me he's
visiting your father

and he wants to talk to me afterwards.

Are you okay with that?

Yeah, sure.

Come down if you need a break.

- But you are not working.
- Mm-hmm.

- (TV playing)
- (Distant siren wailing)

(sighs)

(door buzzes)

(sighs)

I feel like you're
undressing me with your eyes.

Don't get smart. I'm still her father.

Sorry.

Look, I just wanted to meet you

and see if there's
anything I can do to help.

How would I know that?

That's a good point.

So I've been looking through
the old police reports.

Are they accurate?

What do they say?

It says you had Christine for the weekend.

Visitation. She was staying
with you in Huntingdon Valley.

Yeah.

Maxine's family has a house there.

It says Christine went to
sleep between 9:00 and 10:00.

It says you left the house at around 11:30

and drove to Mitchell
Wexler's home in Gladwyne,

about a 35 to 40-minute drive.

Wexler and your ex-wife were going
to be married the following weekend,

but your ex was with her family

in Washington Crossing in Bucks County.

Then the report says
that you parked your car

a quarter of a mile from the house,

broke in through a patio French door,

went into Wexler's bedroom,

and you beat him to death in his sleep

with a stainless steel
Rillington pick hammer

purchased three weeks earlier

according to Huntingdon
Valley Hardware Store records.

Yeah.

Well, I heard all that at the trial.

My first question is...

did you do it?

Bobby: So they come into the club

and they're wearing these tight numbers

with nothing underneath. I tell you, boy,

they drop something, bend over, oh!

Jenny, let's sit in here for a minute.

Bobby: There ain't nothing
like putting your face

in a big pile of blackberry jam.

♪ Blackberry jam 'cause
it's good, God damn ♪

♪ Blackberry jam, man, it's... ♪

Hey, little sis.

I've been having quite a
time with little big man here.

- What are you doing?
- What?

Hey, you gonna stay awhile?

No, I got to work. But
I'm gonna come upstairs

and say good night before I go.

All right, man, make sure you do.

Uh-huh.

Work? What work?

I'm a bouncer at one of them clubs

that the young'uns know about.

It moves around all the time. No sign.

I got a friend who does
security for 'em, so...

- Where were you this morning, Bobby?
- What?

You had a hearing that
you didn't show up for.

I left you a note and a suit to wear.

And I left messages on
your cell phone all week.

Oh, see, now my cell phone's
dead. It fell in the toilet.

And I didn't get no note.

All right, well, when
I dropped off the suit,

I dropped off the note, and
clearly you got the suit.

- So what are you saying to me?
- Sis, calm down.

Bobby, you are wasting my time.

And I'm tired of bailing you out.

And I don't like you
showing up at my house,

doing whatever the hell you want to do

when you want to do it with my son here.

Oh, now, your son has an
uncle he never gets to see.

- Whose fault is that?
- I don't know.

Why don't you tell me? Whose fault is it?

I'm doing better. I'm working.

I just came by to say
thank you for the suit.

And I think I look great in it.

Yes, you look great in the suit,

but you didn't show up.

But I look good in the suit.

I mean, look at it. Pow!

(laughs)

You actually look like Daddy.

Now you know you don't remember Dad.

Oh, yes, I do. I remember Daddy.

He liked a nice suit.

Are you really working tonight?

Hand to God.

You swear on those three beers?

With my tolerance, drinking beer
is like drinking chamomile tea.

It has a calming effect.

(laughs)

It's time for you to go, Bobby.

I need to start dinner
and I got people here.

I'll leave by the back way.

See, I didn't say it like that.

So I won't disturb nobody.

Tell the boy I said good-bye.

It's cold.

I never remembered that before.

I don't know what to think.

I...

Jenny,

I want to explain something to you

and I need you to really listen to me.

Jared Bankowski didn't
want to hurt you, no.

But he didn't do anything
to stop what happened.

He was there and he did nothing.

He broke into your house with
someone who attacked your family

and he let it happen.

You did nothing wrong.

What about the other one?

Do you remember seeing
his face in the house?

I'm not sure what I remember anymore.

Where did Billie find that?

It's yours. I like it.

It's all broken in.

- Where's Billie?
- She's driving Trey to school,

- then off to work.
- Are you going to work?

Yeah, but I wanted to ask
you a few questions first

if you're up to it.

No, it's okay.

I want to talk about it now.

It's weird, but since yesterday,

all I want to do is talk about it.

Do you remember being
taken to the police station?

I remember a detective
taking me by the hand

to this room where there was
just a table and two chairs,

a metal table, and these other detectives

brought these big books of photographs.

You weren't arrested? I mean,
you weren't charged with anything?

No. They told me I had to
come down to the station

and answer some questions.
They sat me on this bench.

I sat there for, like, I don't
know, three or four hours.

Nobody came to get me.
Nobody asked me anything.

I looked through all
the books for a long time

and then the detective asked me
if I wanted a soda or something.

You know, take a break.

Had you identified anyone yet?

No. So the detective takes me

to where they had these
soda and candy machines.

At one point this detective brought
Jenny Butler over to get something.

Did Jenny know about you and her sister?

Had she ever seen you with her?

No, Emily said she didn't say anything.

But, you know, I'm not sure.

So we go back to this room
and the detective said,

"Why don't we start from the beginning?"

And we go through all the books again.

So he opens the first book we went through

and on the first page was
a picture of Terry Kucik.

Did you see his picture the first time?

I must have,

but I guess I didn't register it.

And then this cop came along

and told me that I had
to stand in a lineup.

And you weren't told that you'd been
brought in on any specific offense?

- No.
- Jenny: The next thing I remember,

I'm identifying him in a lineup
behind one of those one-way mirrors.

Look, you got to move this along.

I'm not gonna last much longer in here.

- You know what it sounds like, don't you?
- I'm the son of a cop.

I know exactly what it sounds
like. It doesn't mean it's true.

But it made you feel the
ID was possibly manipulated?

I don't know what to think.

There are too many
questions I can't answer.

And you know how I get when
I can't answer questions.

Look, I'm not convinced
Terry Kucik's innocent.

I've still got his semen
inside Emily Butler.

But I'm going to retest every DNA sample,

especially now that Jenny is
remembering things a little more clearly.

Thank you.

Yep.

One more thing, I…

I don't know if you heard,
but Terry was attacked recently

and the other day his friend was murdered.

Some Aryan shithead, yeah.

I'm not saying he was a nice guy

and I don't know about Terry's
whole Brotherhood thing,

but ever since Jenny's press conference,

there's been a price on his head.

The kid is in real danger.

If we kept this under the
radar, out of the press,

would you consider releasing him

with a home detention
agreement pending a retrial?

Let me think about it.

Thank you.

Mm-hmm.

(Sighs)

(doorbell rings)

Hello.

Hi. I'm...

I know who you are.

Come in. Come in, it's cold out there.

(TV playing)

(children laughing)

No school today.

It was so cold, they cancelled classes.

Can I get you anything?

We redid the place.

Must look different to you.

I like it.

(Children laughing)

(clock ticking)

(children laughing)

(laughing)

- Hey.
- Hey. Your mom here, too?

No, just me. What are you doing?

Just hanging out.

I won't tell Mom.

What?

Look, just wash your
hands, brush your teeth,

and don't wear that blanket around her.

She's like a bloodhound.
She'll smell it on you.

How you been?

Hmm.

It's the way people look at me sometimes.

It's like if you were
in some terrible accident

and they put all these bandages on you

and people would be able to
see where you were broken.

They'd write their names
on your cast and stuff

and when you got better, the
cast and bandages would come off

and you'd be yourself again.

When people look at me, all they see

is someone who will
always be broken up inside.

I don't see that.

No?

What do you see?

I see...

I see a woman in a cold storm

who's still filled with love
and strength and is warm.

So next to you as I take a seat,

I'm gonna sit back
while I bask in the heat.

The heat coming from
the words that you speak.

You're the furthest thing from weak.

I see the pain that you
own, but don't want to keep.

I see it's a heart like
yours that everybody seeks.

Your tolerance for pain is
something I have yet to gain.

I don't know what to say. Bad
things happen to good people

and that's just a part of the game.

'Cause you could prove it and
nobody knows how you do it.

'Cause we don't get over some
things, but I see you get through it.

So don't lose it. Don't weep.

Let's just bask in the heat.

Come here.

(Jenny laughs)

"Misty Blue" playing

♪ Oh, it's been a long, long time ♪

♪ It looks like I'd
get you off my mind ♪

♪ But I can't ♪

♪ Just the thought of you ♪

♪ Babe, just the thought of you ♪

♪ Turns my whole
world a misty blue... ♪

(sniffles)

♪ Just the mention, just
the mention of your name ♪

♪ Yeah... ♪

Billie: Hey. Can't sleep?

No.

Well, do you want company

or you want to be left alone?

No, I don't want to be left alone.

Today was a crazy day, right?

Yeah.

You think she's right about Jared?

Yeah, I do. Especially now.

Why?

I had the rape kit from
the Butler case retested.

Terry Kucik's DNA came back positive.

Okay, so he was guilty.

No, see...

I don't know.

There was another semen
sample found in Emily Butler

that doesn't match Terry Kucik

or Jared Bankowski.

But it does match the DNA under
Frances Butler's fingernails.

Wait a minute. Are you saying
there was a third person?

There's a chance I never
brought the killer to trial.

All right, well...

Billie...

I have to tell you something and...

(sighs)

it's gonna change things between us.

♪ Just to think of you ♪

♪ The thought of you
turns my whole world ♪

♪ Misty, misty blue. ♪