The X-Files (1993–…): Season 9, Episode 12 - Underneath - full transcript

After thirteen years in prison, a man named Fassl is released and cleared of murder charges when DNA evidence proves he had nothing to do with the murder of an entire family though he was present on the scene. Doggett, who made the arrest, refuses to accept Fassl's innocence and pursues the case again.

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(man) Get going.

- Please.
- Do your damn job.

You can't think IVlilli Vanilli is cool.
I would disown you.

You are unbelievable.

OK, I may puke, but I have to ask.

Which one do you intend to marry?
Rob or Fab?

- (doorbell)
- Janet, get that.

(mouthing)

Hang on. I'm, like, the servant around here.

- Yeah?
- Triboro Cable.



What do you want?

Your cable's out.

Is it? I don't think so.

OK. I'm sorry.

Wait a sec.

Maybe my dad called you.
You'd better come in.

TV's in here.
Dad! Cable guy's here.

Can I help you?

There's a problem with your cable?

I was just watching the game upstairs.

I think you got the wrong house, buddy.

Oh.

Is that your work order?

Who called it in?



(pounding on door)

Police! Don't move!

God Almighty.

Face the wall. Face the wall!

Johnny! Check the other rooms.

They're all dead.

Got you.

Got you, you bastard.

_.g-g-e-t-t. Two G's and two T's.
I was the arresting officer.

You're makin' a huge mistake.

I don't care what it shows!

I appreciate that. But I don't care
what it shows. It's wrong.

- I was there. We got the right guy.
- An X-File?

I'm tellin' you, you let this guy go,
more people are gonna die.

Was that the DA?

Assistant DA. He was probably
in ninth grade when this happened.

What do you want him to do?

Keep the bastard locked up.
Did you read that?

My partner and I busted
this guy, Fassl, 13 years ago.

He'd killed seven people.
Now they wanna let him go.

The DNA evidence proves he's innocent.

It's wrong. It's some lab mistake.
Simple as that.

My partner, Duke, and I catch this 911.

Neighbours hearin' screaming
coming from this house.

We get there. Teenage girl,
mother, father - all dead.

There's blood...

I can still remember the blood
squishing under my shoes.

This guy Fassl's just standing there.

So you didn't actually catch him in the act?

Ten seconds earlier through the door
and we would have.

Tell me you got good news.

I have combed through
every detail of this ME's report.

I have read and reread it.

I am sorry, Agent Doggett,

but the DNA fingerprinting
does indeed exonerate this man.

You're telling me there's not
a million-to-one chance

that these DNA tests are wrong?

Actually 100 million.

I need you to run the reports again yourself.

Agent Doggett, you don't.._

- It'd take at least 48 hours.
- That's too long.

- Where are you going?
- New York.

I can't just sit here
and wait for this guy to kill again.

John...

Look, I get it. Enough people tell you
you're drunk, it's time to lie down.

But I know what I know.

I could really use your help.

It's time to go.

Congratulations, Bob. Best of luck to you.

- How does it feel to be a free man?
- Are you gonna sue the police?

It goes without saying that my client
is happy once more to be a free man.

I myself am overjoyed.
I think today is a day to celebrate.

But tomorrow we will be looking closely

at the reasons why Bob was
falsely accused and incarcerated.

13 years of his life were stolen from him.

We'll be looking at the Brooklyn DA's office
and the New York City Police Department.

Bob, let's get you outta here.

Thank you. Thank you.

On top of springing loose a murderer,
the city of New York is gonna pay him off?

Hell, yes. And count ourselves lucky.

We didn't spring a murderer.
He's an innocent man.

Or maybe you didn't glean that
from our conversation.

Mr Kailer, on the off chance
that that's not true,

why not let us look through
your documents pertaining to this case?

Maybe we can save the city
some settlement money.

Or maybe I get in an even bigger jackpot
when Jana Fain cries "police vendetta",

yelling at the papers about the disgruntled
former cop who's out to get her client.

Somebody committed these murders, right?

Now that you've sprung Mr Bob Fassl,

the victims' families
are gonna start askin' who.

How you gonna answer 'em?

There's a lot of material here.

Where shall we start?

Right there. The original arrest report.

"Arresting officer: John Doggett."

Must have been a career-maker.

Well, it didn't hurt
when I put in for detective.

The murders had been
front-page news for weeks.

The sense of relief everybody felt
when we caught Fassl, it was...

You know, John...

Whatever we find here, sometimes...

Sometimes even good cops make mistakes.

Yeah.

And I've made more than I can count,
but this wasn't one of 'em.

Whatever you think...
I'm not here trying to cover my ass.

That's not what I think. it's not. I just...

I just worry that maybe this is
about you feeling guilty.

I feel guilty...

Like what, subconsciously?

Like I was told I sent an innocent man
to prison, only I refuse to accept it?

A cop I know, a man I respect deeply,
told me one time:

"You don't clock out after your shift
unless you did everything you could."

Thats what this is about.
Me not clocking out.

Bob, I want you to make yourself at home
while you're here. Just relax.

Oh! Mrs Dowdy, this is Bob Fassl.
He'll be staying with us for a while.

I have your room all made up.
I hope you'll be quite comfortable.

Thank you very much, Mrs Dowdy.

You're rich.

Well, my parents were.
I inherited this when they died.

I've been very fortunate, so I try and use
my family's resources to help where I can.

You do good things. You're a good person.

I guess it takes one to know one.

I know some business people
sympathetic to your situation.

When you're ready
we'll set up some job interviews.

I can only imagine
what you must be feeling right now.

I'm so sorry for everything you've been
through. And I'm so happy for you now.

(prays silently)

Hey, buddy. You steal that car?

If it ain't the FBI!

Duke Tomasick. Lookin' good.

Hell, yeah. I was always the pretty one.

Not that I'd steal you away from
even one minute of retirement,

but I gotta get another viewpoint on this
case from someone who was there.

Duke, I'm racking my brain on this and
I'm coming at it from every possible angle.

- Was there something we missed?
- Well, yeah. We arrested the wrong man.

I'm sorry, John. I've been torn up about this,

but unless there's something
you know that I don't,

it looks like we gotta face facts.

Duke, you were there. Fassl was the only
one in the house. He killed those people.

John, wise up, will ya? Drop this thing.

What did you always tell me
about being a good cop?

You said never to clock out.

Well, I got another lesson for ya.

Keep after this thing,
it's gonna bite you in your ass.

I'm sorry. I just wanted
to see how you were settling in.

I should have knocked.

I'd read in your file that
you had attended the seminary,

that you studied to be a priest.

It's wonderful that all you've been through
hasn't diminished your faith.

I pray all the time.

I pray even when it looks
like I'm not praying.

I know someone's listening, Bob.

Good night.

NO...

Don't.

Please don't hurt her. Please!

Were you here all night?

There's gotta be something here
that's been overlooked,

something I can hang this guy with,
DNA or no.

Speaking of DNA...

Oh, come on.

The retests of the typing
confirm the original results,

that the hair samples do indeed belong
to someone other than Robert Fassl.

So what do we do? We just go home?

- This is wrong. This is...
- John, there is something else.

Something that explains why 13 years ago

the science of the day
identified the hair as Fassl's.

I spoke to the forensic examiner
who ran the tests.

He found a match in 12 of the 13 key genes.

What does that mean?

It means that the mitochondrial DNA in the
hair sample is genetically similar to Fassl's.

In fact it is remarkably similar.

It is so similar that it must be
from a blood relative.

Wait a minute. Fassl's an only child.
His parents died when he was 13.

- He's got nobody.
- I know.

You know? Then you know
that what you're saying is impossible.

And yet somehow it's true.

Would you get dressed
and come on downstairs, please?

Bob...

This morning I noticed something
that I must talk to you about.

The drawers in my bedroom
had been opened

and somebody had been through my things.

- You weren't home last night?
- I think you know that I wasn't.

As it happens, I was called down to
county lockup on behalf of another client.

If you're going to stay here, you have to
respect me, my privacy, my possessions.

You're a free man now,
and with freedom comes responsibility.

I am late for a deposition.

Help yourself to breakfast. Mrs Dowdy
seems to be running late this morning.

(chopping)

Agent Reyes, I'm Brian Hutchinson,
superintendent.

- I appreciate you seeing me.
- Anything I can do to help.

Great. I'm reviewing evidence
in the Fassl case.

Whatever I can do to ensure he gets locked
back up again. Tell me what you need.

Thank you. That's an extremely helpful
attitude. What's your reason for it?

I just don't think the system
should have let him go.

Why exactly? The court says he's innocent.

Maybe. But there's another murder
they don't know about.

Bob Fassl's cellmate was
a biker named Spud Jennings.

A real badass, or at least he thought he was.

- Jennings was murdered?
- On, yeah.

We found him in a hallway
that Bob Fassl had been mopping.

He was lying ten feet
from Bob Fassl's mop bucket.

- Fassl nowhere to be found.
- Fassl killed him?

The murderer was caught on a security
camera once he turned the corner.

This is a video grab, a pretty clear one.
You can see the blood on his hands.

One problem. This isn't Fassl.

This isn't anybody.

This man doesn't fit the description
of any inmate currently incarcerated here.

We haven't been able to find him since.

Don't ask me to explain it.

We couldn't charge Fassl with it either.
But I know he had something to do with it.

Agent Doggett.

A word, please.

- Don't you have something to tell me?
- What do you mean?

The DNA retests. I understand
you received the results this morning.

- Mr Fassl has been exonerated_.. again.
- The results aren't that simple.

The DNA is similar to Fassl's to a degree
we haven't made sense of yet.

Look. I just spoke to the DA.
He's authorised a settlement offer

which I intend to deliver
to Mr Fassl's counsel posthaste.

I'll send the bailiffs down
to retrieve the case files.

- Have a nice flight back to DC.
- We need more time to get to the truth.

This isn't about the truth. This is about
getting a conviction, Agent Doggett.

And if we can't get a conviction,
then the truth doesn't matter.

John! I may have a break in this case.

- A suspect.
- A suspect? Not Fassl?

You really need to see this.

- So who is he?
- I'm wondering more "What is he?"

I ran him through the offender database,
facial recognition.

Came up with nothing.
it's like he has no identity.

Yet somehow this person materialised
inside a maximum-security prison,

killed an inmate
and then vanished into thin air.

Ivlaterialised how?
Like Casper the Friendly Ghost?

When Duke and I entered that house
back in '89, we didn't find ZZ Top here.

We found Bob Fassl, end of story.

Yeah, but what if the two
were somehow connected?

Monica, this is not an X-File.
Don't try to turn it into one.

In prison, this being, this person,
whatever you wanna call him,

acted as if he were protecting Bob Fassl.

By getting him locked up
in prison in the first place?

So either he's doing Fassl's bidding,
or Fassl's doing his.

I'm thinking this bearded man was the one
who committed the other seven murders.

I think we can prove it.

DNA evidence in the Sing Sing murder
was gathered and filed.

All we have to do is compare it
to the DNA from the 1989 murders.

No. Unfortunately that's not gonna work.

- The 1989 evidence has to be thrown out.
- What are you talkin' about?

The hair samples logged
to your crime scene, Agent Doggett,

were not there on the day
the crimes were committed.

Are you accusing me?
Are you accusing me of planting evidence?

I am simply stating the facts. OK?

The DNA evidence that was used
to convict Bob Fassl was planted.

(knocking)

Mr Fassl, I'm Damon Kailer.

I need to speak with your attorney.
Is she here?

You were at my hearing.

I'm the assistant district attorney.
Is Jana home?

She's not here.

Mr Fassl, I came to make
a settlement offer on your case.

There's... There's no reason to be upset.
This is good news for you.

Tell her to call me. We'll work it out.

I wanna go back.

- I'm sorry?
- Please send me back to prison.

Listen, Mr Fassl.

I snouldn't be discussing this with you
without your attorney present.

- But it's my fault.
- I can't be hearing this.

- it's the truth.
- That's not my concern.

- I'm sorry, John.
- You framed Fassl_

You saw how it was going down.

We arrested him at the scene,
but he left no prints, no hair, no fibre.

Nothing to tie him to the murders.

How did you do it?

I took part of a hair sample
that was found at a previous murder,

and put it in with the evidence
from our crime scene.

Johnny, it was the one and only time
I ever did anything like that.

I was scared Fassl would walk,
and I couldn't let that happen.

Not when I knew that... he was guilty.

Oh, God Almighty...

You know this is gonna come out.

No one's gonna hear it from me,
but I can't ask Agent Scully to lie.

I don't want you to.

Duke, you son of a bitch! This is a felony!

I don't know how I can forgive you for this.

You break my heart.

Excuse me. Agent Doggett?

ADA Kailer, I assume you haven't seen him.

No. why?

Apparently nobody has.

(Reyes) Mr Fassl, when did
you last see Damon Kailer?

Two days ago, at his hearing.

My client had nothing to do
with Mr Kailer's disappearance.

- No direct involvement.
- None.

I think we can accept that.

We also accept that Mr Fassl
had no direct involvement

in the seven murders he was convicted of.

How magnanimous of you.
It's too bad you're 13 years too late.

- Is that it?
- No.

Actually, we believe
this person committed the murders.

What do you think?
Do you recognise this man?

You know, we're here as a courtesy,

which is something the police and
the prosecution never showed Bob once.

Are you a Catholic, Bob?

So am I.

I remember times in my life
when my rosary was a great comfort to me.

Comfort in times of tribulation.

And watching you now, I get the feeling

that this is a tribulation for you.

This man.

Is it that he won't leave you alone, Bob?

Is it that you just want him to go away?

Tell us about him.

Tell us, so we can help make him go away.

No more mind games.

We're done.

What was that?

I don't know about you,
but that was me changing my theory.

- What, no more ghosts?
- Nope.

Just Fassl.

What if a man of profound faith, a devout
Catholic, was incapable of contrition?

As in... he couldn't admit his own sins?

Or even that he had
a sinful side to him, as we all do.

What if he were so frightened by it
that he couldn't even admit it to himself?

Might not that man
manifest a second personality?

But it wouldn't explain the DNA evidence.

It would if he physically
became that other personality.

So we've moved on from Casper the
Friendly Ghost to Dr Jekyll and IVIr Hyde?

There is a precedent
in the Catholic canon itself.

Transubstantiation.
The manipulation of matter and energy.

Water into wine?

Or the communion wafer
into the body of Christ.

Monica, I've slept through Sunday schools,

but I never heard about
the guy becoming another guy.

It makes sense.

It explains what happened 13 years ago
and what's happening now.

So what you're saying is, because this man
won't face himself, won't face his own sins,

that he is forced to become someone else.

A killer.

So now does someone go about catching
a killer who hides inside an innocent man?

Do it.

I don't wanna hurt her.

- (knocking)
- (Jana) Bob, are you OK?

Kill her.

Oh, my God!

What happened?

I... Ifell.

I'll fix you up. You'll be OK.

I'll take the next couple of hours.

You should get some shuteye.

Give yourself a break.
You haven't slept in 48 hours.

I'll sleep once we make sure
this guy Fassl never kills again.

Fassl and his Charlie Manson sidekick.

- They're the same person.
- I don't wanna hear.

I just need to hear
another theory that makes sense.

That theory doesn't make any sense.
How the hell to you does that make sense?

Meat-and-potatoes police work
is what busted this guy 13 years ago.

It's what's gonna bust him again.
And that's enough.

And the day that's not enough...

Then I don't know what to tell you.

Cos I got nothin' else.

Check it out. The front door.

Jana Fain - check on her.

He was here.
He was here, the man in your photo.

The bearded man?

- Where's Bob Fassl?
- He was right there, and then he wasn't.

I don't know where...

- (Doggett) Agent Reyes.
- Call the police.

Agent Reyes!

"Cable access."
Fassl worked for Triboro Cable.

- The trail ends here.
- Blood.

He could have gone either way.

John!

YOU OK?

Come on.

I'll take this way.

Aghg

John!

John!

Monica!

Let him go. You hear me?

Don't waste your breath. Shoot the bastard.

Bob Fassl, I'm talking to you.

I know you're in there, Bob.

There's a small part of you in there
that couldn't kill Jana Fain.

I'll kill him!

I believe you, Bob,
because you're a murderer.

Shut up! I'm not him.

- You're not just a murderer, you're a sinner.
- Shut up! Shut up! Shut up!

My housekeeper, Mrs Dowdy, can I see her?

It's better that you don't.

And the district attorney?

There are a lot of bodies in there.

There are many more victims
than anyone ever knew.

I saw a bearded man. I know what I saw.

Ms Fain, I think we'd better get you home.

John?

I've been 48 hours without sleep.

I found out my ex-partner's a liar, a felon.

Don't ask me to explain how this could be.

So what happened tonight,
all that was just you seeing things?

I can't accept this.

If you can, God love you,
but it's not the way my mind works.

You closed this case.

This time around that was enough.

What happens next time?

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