Trial & Error (2017–…): Season 1, Episode 11 - Unusual Suspect - full transcript

_

_

The People would like to call
the victim's brother

and the murderer's brother-in-law,

Jeremiah Jefferson Davis.

_

Josh: The prosecution
has been presenting its case

for over two weeks now.

Carol Anne Keane has been relentless.

But fortunately, my case
and my team are strong.

Anne, do you have my notes for cross?



Anne? Anne!

[Gasps] Sorry. What'd I miss?

I suffer from nocturnal lagophthalmos,

otherwise known as sleeping
with your eyes wide open.

Of my many gifts,

this one has helped me
the most at this job.

Carol Anne: And what
was your sister's job?

Well, obviously, she didn't work.

I mean, she was a woman, after all.

But her job was tending

to the depraved cravings
of Larry Henderson.

Josh, w-when is this gonna end?

She's trying to wear us down,
but it's not working.

I can already tell
she's starting to crack.



My stamina is legendary.

I can go for days, weeks, even months.

Will you describe for us

what you've called the
"Thanksgiving of Horror"?

Well, it was a stormy afternoon,

and Larry was staring out at the rain.

I didn't know it at the time
what he was thinking,

but in hindsight, I'd say it was,

"One day, I'm gonna throw Margaret

through this window."

"Throw Margaret through this window."

[Spectators gasp]

_

Nat: This is shard 142 of 429.

[Slide projector clicks]

This is shard 143 of 429.

[Slide projector clicks]

In your expert opinion,

is the shatter pattern consistent

with a Southern lady being
thrown through the window?

Yes. Especially shard 262.

[Slide projector clicks]

"Especially shard 262."

[Slide projector clicks]

- Yes.
- I see.

_

Dr. Senior Jr., in your mind,

is this clearly an act of murder?

[Scoffs]

Mine peepern ainnevern peeped uh
sickersite sinmy burr thinday.

His peepern ainnevern...

peeped uh sickersite...

sinin burr thinday.

Your witness.

I'm good.

Your Honor, the prosecution rests.

Praise the Lord.

Praise...

the... Lord.

[Gavel bangs]

Josh: Well, glad that's over.

Anne, can I offer you another glass?

Oh, just half.

I have a syndrome where
if I drink too much wine,

I get slurred speech, I'm belligerent,

and I wake up with a headache.

Dave: You can top me off, Lar.

Is it safe for you
to drink and taxiderm?

The wine helps silence the inner critic.

Larry: [Sighs heavily]

I'm so glad this case is finally
over and we can celebrate.

Larry, we still have to
mount our defense.

Maybe you should be on trial
for killing the mood.

Okay, guys, let's take a look
at the murder board.

[Chanting] Murder board! Murder...

Really? No chanting?

Well, you did it last time,
and now it seems uncool.

Well, for the record,
I think I'm a really cool boss.

That's what makes him uncool.

Carol Anne has basically called up

every possible suspect or witness,

but the good news is, we still have

our secret weapon... Summer.

Are you sure you want to bring her up?

I-It seems to me that Carol Anne

tears apart everyone
who gets on the stand.

- Now, there's a cool lawyer.
- Mm.

People's feelings
are starting to get hurt,

so let's stop with the "cool" talk.

Carol Anne has spent 28 days
tearing apart your character.

Summer's the only person
who can build it back up.

And I cannot wait to tell everyone

what an amazing father
and loving husband you were.

And the best part is, Carol Anne
won't be able to touch her.

Summer, we're putting you
on the stand Monday.

Larry, I have a few more things
I want to go over with you.

Everyone else, go home.

Can I just say...

I don't know if it's
the wine syndrome talking...

- I love you guys so much.
- Aww.

Get that [bleep] camera out of my face!

Josh: Okay, Anne, you're not driving.

Why don't you get a ride from Uber?

Uber Ricketts? That guy's
got like four DUls.

I'll take everybody home.

Summer: All right. Bye, Dad.
I'll see you later.

Oh, Dwayne, don't forget to try
Margaret's phone on the way home.

Last month, we found out
Margaret has a missing cellphone

that someone's been trying to access.

I know what you're thinking...
ghost phone.

However, Josh thinks
the killer might have it.

Dwayne, I need you to find this phone.

So I've been calling it daily.

Josh, do you really think
we can win this case?

Yes, I do. Although Summer's the key.

With the reasonable doubt
I've established,

all she has to do is portray you

as the normal, accessible guy
that you are.

W-What are you doing?!
It's not your birthday party.

Where do you keep your candle snuffer?

In the 1800s.

I'm sure the taxidermist
has something in the back.

He must entertain.

[Cellphone vibrates]

Larry, your cellphone's ringin'.

[Vibrating continues]

[Groans]

What the hell?
This is Margaret's missing...

- Aah! Go...!
- Are you okay?

I actually thought it would be
tougher to take you down.

You should try rollercizing.
It's all lower body.

Answer this question very carefully...

Have you been hiding
Margaret's cellphone?

Yes.

More carefully.

I couldn't give it up!

And the lock screen is a picture
of Margaret and me.

I-It reminds me of
the last time I saw her.

You realize that you have been
withholding evidence...

from your lawyer?!

I know this looks bad,
but it's not what it seems.

There's just incredibly
incriminating information on it

that would be devastating
if it was uncovered.

That's exactly what it seems!

Go... Oh, oh, oh!

What are you hiding?!

Just a few texts that wouldn't
look great out of context.

I was trying to delete them,

but Margaret changed her
password before she died.

I tried using her
thumbprint at the funeral,

but the mortician really
caked on the hand makeup.

Oh, my God!
What did you text her?

They're not from me. They're...

They're from Summer.

Summer?

What did they say?

They're of the... "I hate you,

I never want to see you" variety

with some F-bombs
sprinkled in liberally.

She's a powerful writer, just like me,

but with a stronger grasp
of feces-shaped emojis.

I don't understand.

It's a little cartoon doodie.

No. Why would Summer text her that?

Summer and Margaret..

had a complicated relationship.

Summer.

[Cheerfully] Merry Christmas, Dad.

[Disdainfully] Margaret.

We have a Christmas surprise for you.

Margaret and I are getting married.

Margaret: We're engaged!

Well, that's not gonna end well.

Well, why is Summer's relationship
with Margaret relevant?

Because Carol Anne will
definitely bring it up.

And she will paint some picture

that you lived in a tumultuous home.

[Chuckles] Oh, yeah.
She'd be right about that.

No, the two of them
really went at each other,

and it was so uncomfortable.

I-I'd sit on the sofa
hoping it would eat me.

Okay, Summer didn't like Margaret,

but luckily she was out of town,

so she couldn't have murdered her.

Right. She couldn't
have done it.

But she was in town.

She was in town?

Oh, man, I'm glad I'm finding this
out now and not on the stand.

When was the last time they fought?

I remember the morning
that Margaret died,

- they had a tiny fight.
- Ugh!

- I'd barely even call it a kerfuffle...
- [Whimpers]

because Margaret was wearing
some of Adelaide's old jewelry

that Summer believed belonged to her.

She made a big scene and
stormed off to her uncle's.

Her uncle's? So, you mean Jeremiah?

I certainly don't mean her Uncle Harry.

I haven't spoken to my
twin brother in years.

You have a twin brother?

Did that never come up?

- Not even once!
- Hmm.

Anne and I are going to visit
Jeremiah to make sure

Summer had an alibi
on the night of the murder.

Since Jeremiah's wife, Josie,
ran off with all his money,

Jeremiah's had to downsize.

I think we're here, Anne.

Anne. Anne?

- Anne!
- [Tires screech]

[Breathing heavily]

What'd I miss?

Because of my spouse-induced penury,

I've temporarily relocated
to campus housing.

Because I founded this chapter,

they had no choice but to let me stay.

Mr. Davis, I'm not passing judgement,

but this is a dry house.

I know. That's why the keg's
on the porch, nerd.

I tell ya... the fraternity system

has changed quite a bit since my day...

when men could be men.

I didn't realize you and
Summer were so close.

Oh, she's a doll.

We had some special times together.

♪ I'll have a blue Christmas ♪

♪ Without you ♪

She brought out the
light in Josie's eyes.

Aww. I-It must have been... blinding.

Getting back to Summer,
I-I don't know how to say this,

but there was some talk that she had

a troubled relationship with Margaret.

I know how to say it.
She hated Margaret.

But if you're implying she had
anything to do with her death...

[Scoffs] ...you're barking up
the wrong tree.

I never said that.
I'm just trying to do

my due diligence before
I put her on the stand.

Because Summer had an alibi.

I remember she went to a concert
that night.

[Exhales sharply] Okay.
Do you remember who she saw?

Michael Jackson.

Michael Jackson died seven years ago.

Hmm.

Well, she might've done it, then.

- [Slurps]
- [Sighs]

Since I'm going to
put you on the stand,

I have to be super-clear on
a couple things from your past.

Okay, sure. Anything.

First, tell me where you actually were

the night Margaret died.

You know, out.

[Sighs]
Do you have an alibi?

Yes. I was, um...

I was at the Jessup Farm.

[Gasps]

What's Jessup Farm?

The Jessups are the seediest
family in all of East Peck.

Every few weeks, they throw
these huge parties in a barn

that attract the dregs
from miles around.

Approximately 13% of my family
has been conceived there.

What were you doing at the Jessups'?

You go to the Jessups'? We should hang.

We should not.

I had a fight with Margaret
over Adelaide's jewelry,

and I went to the Jessup Farm
to blow off some steam.

- It is not a big deal.
- It kind of is!

Do you remember anything else
from that evening

that might paint you in a bad light?

- Not at all.
- Okay, good.

No, I mean I don't remember anything.

I had experimented with a hallucinogen.

Ah...

I'm a very chill dad,
but I had one rule...

one rule... do not go to Jessup Farm.

- And what did you do?
- Dad, I...

What did you do?

I went to Jessup Farm.

I am a very chill defendant,
but I had one rule...

one rule... do not investigate Summer.

- And what did you do?
- Come on, Larry!

What did you do?

I investigated Summer.

You broke the rules.

Now she's not going on the stand.

I hope you're both happy.

Larry, do you know how bad it will look

if your own daughter doesn't
testify on your behalf?

Carol Anne will destroy us.

Maybe you could just
gloss over the bad stuff.

No. I'd rather bring
it up than Carol Anne.

That way, I can control the narrative.

[Sighs] It's just a slight
change in strategy.

Instead of the doting daughter,

Summer is the troubled kid
who never liked Margaret,

but who came back
just to testify for her dad.

In a lot of ways,
it makes our case stronger.

You think that's true?

I'm certainly telling myself that.

[Knock on door]

Carol Anne: Good morning, Counselor.

I'm very excited to see

who you're feeding to me
on the stand today.

- Bon appétit.
- Hmm.

That's it? Where's the girl?

If you're referring to Summer,
I'm saving the best for last.

There's actually been a development.

Well, why don't we move over to
my couch and you can fill me in?

[Whirring, door closes]

You know, the cameras are still in here.

- I don't mind.
- Huh.

This list is ridiculously small.

Well, unlike you, I don't need
28 days to make my case.

Speaking of 28 days,
how we doing with that?

Two days late, but I'm sure
it's due to stress.

Good.

Good, good, good, good, good.

[Door closes]

Dwayne: Josh sent me
to the Jessup family farm

to get more information
about Summer's whereabouts

the night Margaret died.

She claims not to remember anything,

so in order to re-create her experience,

I will drink a hallucinogenic
tea called ayahuasca.

Users claim it can give you
a spiritual awakening,

as well as intense diarrhea.

I am not looking forward
to a spiritual awakening.

Bottoms up. [Slurps]

_

Josh: Your Honor, the defense calls

DNA expert Thom Hinkle to the stand.

[Clears throat]

Thom: I have a condition.

When under extreme stress,
I self-stimulate.

Didn't we already do
one of these interviews?

Yeah, we did.

Okay, and now I think
you're just making fun of me.

So, Mr. Hinkle,
you are considered an expert

in your field of forensic pathology.

That's right. I climbed the DNA
ladder all the way to the top.

[Laughs]

[Clears throat]

Is it your expert opinion
that the DNA found

in the semen in Mrs. Henderson's bed

did not belong to Mr. Henderson?

That's right. It
belonged to Rutger Hiss.

Belonged... to... Rutger Hiss.

No further questions.

[Spectators murmur]

Mr. Hinkle, you've testified

that this line represents Larry's DNA

and this line represents
Rutger Hiss' DNA.

Could you tell me, what does
this third line indicate?

Ah, well, that's actually, uh...

That's my DNA.

Specifically what kind of DNA?

Would that be sweat? Saliva?

It's semen.

Semen? Now, how would your semen
be found at the crime scene?

I think we all know how semen...

makes its way into the world.

This is not the first crime scene

you've contaminated, is it?

Uh, okay, so, I have
a medical condition...

So you contaminate every
room you walk into?

Is it fair to say you've got
semen on your hands right now?

Well, it's not fair, uh, but it is true.

- Ew.
- [Spectators murmur]

- [Lotion squirts]
- No further questions.

Ohh, boy!

Who needs?

Mr. Segal, your next witness.

[Clears throat]
O-One moment, Your Honor.

- Any word from Dwayne?
- I haven't heard from him,

but knowing Dwayne,
I know he's onto something.

I-I-I-I-I-I-I DON'T LIKE THIS!

Judge Horsedich: Mr. Segal!

Josh: With questions
still surrounding Summer,

I needed another
character witness for Larry...

ideally, somebody
who's known him for years

and who has a deep understanding
of the human condition.

Since we don't have that,

I just went for someone likeable.

Describe some of the time

you've spent with Larry Henderson.

I'll never forget when
we sang karaoke together.

He has a beautiful tenor.

I'm an alto. Is that perjury?

Ah, who cares? She's delightful.

And what song did you sing together?

"I Will Always Love You."

He dedicated it to Summer.

Ohh.

[Spectators murmur]

And how does that song go?

♪ If I... ♪

♪ Should stay ♪

♪ I would only be in ♪

♪ Your way ♪

Objection. Irrelevant.

Overruled. I want to see
where this is going.

♪ And I ♪

- ♪ e - I ♪
- [Groans]

♪ Will always love you ♪

- ♪ I ♪
- [Sniffles]

♪ Will always love y-o-o-ou ♪

[Cheers and applause]

- Ms. Flatch, you truly are delightful.
- Thank you.

And you have some wonderful things

to say about Mr. Henderson.

I do.

So you contend the man in this photo

could've never, ever,
ever murdered his wife.

Is that right?

It is.

Let the record show

that the witness was
referring to Juror #1.

I question the validity of a witness

who cannot recognize faces.

No further questions.

Wow. What a bitch.

Do I feel good about the case
I presented? Yes. Yes, I do.

But I'm not ready to celebrate.

There's still plenty of trial to go.

Ms. Keane, this is all the
champagne East Peck Liquor had.

- Not now, Mitchell.
- Okay.

Also, is the victory party
a surprise or not?

- [Thud, glass breaks]
- Aah!

[Door opens, bell jingles]

What'd you find out, Dwayne?

Before I tell you, I need you
to grant me full immunity.

Well, that's, like,
not really a legal...

Full immunity, or he walks.

[Smacks lips]
I grant you full immunity.

Now I need you to grant
Anne full immunity

for threatening you.

Oh, my God. You both have full immunity.

[Sighs]

I went deep undercover
as a drug enthusiast,

and Verton Jessup's daughter,
Barrel, showed me this.

[Indistinct conversations]

_

[Laughter]

Man: Whoo!

Aaaaah!

Aaaah!

I'm gonna go get my jewelry back!

Aaaaaah!

Well, I mean, obviously,

I didn't kill Margaret.

Probably. Hopefully.

Summer, n-no one thinks you killed her.

Why don't we put a pin in that one?

But obviously now I can't call
her up as a character witness,

no matter how bad it looks.

Then we rest, which is perfect timing,

because I'm exhausted.

Or... I put her on the stand
as a suspect.

Wait. W-what does that mean?

We bring up your history with
Margaret, we show the tape,

and we drop a bombshell
of reasonable doubt.

This will actually be the first thing

that Carol Anne can't counter!

That's right, she can't,
because I forbid it!

You didn't even ask
how Summer feels about it.

- I think it's a great idea.
- No one asked you.

Dad, come on. Josh is right.

This could be the one piece of
reasonable doubt that sets you free.

And what if she decides
to come after you?

You've seen her in court.
Her stamina is legendary.

Then I will hire the best
legal team there is.

- And I'll even defend her for free.
- We'll see.

What do you mean? You wouldn't use me?

We'll just cross that bridge
when we get there.

Okay, fine. Then guess what. I quit!

You just lost the best
client you ever had.

Have fun sitting in court by yourself!

I-I don't think he
understands how this works.

He does, okay? He just
gets a little emotional.

Larry: ♪ And I ♪

♪ Will always love... ♪

Josh: I always knew this case
would hinge on Summer.

I just... I didn't think
it would be this way.

[Birds chirping]

Mr. Segal...

so, are we gonna wrap up
this dog and pony show today?

I only ask because I have tickets

to the East Peck dog and pony show,

and I want to know if I should
give them to my sister.

I'll be calling my last witness...

Summer Henderson.

Josh! No!

I can't let her take the fall
for a crime she didn't commit!

I'm sorry, Larry. I-I have to be
your lawyer, not your friend.

- But I...
- Dad, it's gonna be okay.

Bailiff, get the jury.

Bailiff: Yes, ma'am.

W-W-Wait! I did it!

I killed Margaret!

- Y-e-e-e-e-e-e-es!
- Y-a-a-a-a-a-h!

Yes!

- Ugh!
- Ow!

No.