The Trials of Cate McCall (2013) Movie Script
1
And the drinking?
I've been having a
hard time sleeping.
And my husband and I,
weren't doing well.
It was a really bad time.
And...
I started having a few drinks to...
Knock myself out.
And when that didn't kill
it, I had pain meds.
Your husband said that you
were suspended from the bar.
- No, I wasn't suspended.
- Oh.
Okay, he mentioned...
I was put on probation.
One morning, I was late to court.
And the judge chastised me...
I just lost it.
I don't know what I said, but...
He ordered a
breathalyzer test and...
I was put on probation.
I wasn't suspended.
Must've been difficult for
you to tell me all that.
Will it get me my daughter back?
I need another case.
Preferably, one I can win.
Miss McCall, your work here
is considered restitution.
You don't get to pick and choose.
One part of my life I haven't completely
fucked up is my record in court.
I'd like to keep it that way.
This is a goddamn Habeas case,
I'm a civil defense attorney.
It's essentially a civil action,
I'm sure you'll find the rules our
victim plead is discoverably familiar.
Come on, you must have people
who are better qualified.
We try to provide destitute women access
to the very best legal counsel available.
At the moment, the best counsel we
have to offer Lacey Stubbs is you.
She was just moved from
Valley State to CWCF.
Why?
She was moved after
being raped repeatedly.
By her guard.
So you're saying, I can't refuse?
Of course you can.
And I can refuse to recommend
you be taken off probation.
You're all set, have
a great flight.
When the cops first arrested
her, she said yeah...
She and her friend went over to the victim's
house with a rope and a butcher knife...
But only to frighten
her, and then...
Later, things got out of hands and whoops
she accidentally slit the girl's throat.
Hate when that happens.
Later, she changed the story
and says the boyfriend did it.
Look at her.
Does she like to play dress up?
It's a fucking freak show.
The DA's got the best
friend saying Lacey did it.
The boyfriend saying Lacey did it, even the
victim said Lacey did it, right before she died.
- The mind is like...
- It's a loser.
Come on, Cate. You're doing
great, you really are.
I feel like shit.
You're all set.
- Thank you.
- You're welcome.
Feelings aren't facts.
Give me a hug.
Just call me, everyday. Okay?
Yeah.
Hold the other gate.
Hey Snow White.
Shut up.
Stubbs, you got a visitor.
You understand what a
Habeas Petition is?
I think so, after you lose all
your appeals, you go to the...
Essentially you're telling
a federal judge...
That you believe your imprisonment
was unconstitutional.
Because the state court that convicted
You made a legal or factual error.
I've been keeping list
of all the mistakes.
You have to persuade the judge that
there was significant trial error.
I didn't kill Jen.
Honestly, whether you're guilty
or innocent is beside the point.
She went out with my boyfriend
when I was pregnant.
I screamed at her, I said terrible
things to her, but I didn't kill her.
So, why did you tell
the cops that you did?
Because I didn't want to send my
baby's dad to the gas chamber.
And then when I found out he
lied to me about everything...
Including never loving me or the baby,
I had to tell the cops the truth.
Which is what?
Me and Dorrie just went
over there to scare her.
But Dorrie just lost it.
She was screaming in Jen's face
and pushed her really hard.
Jen hit her head.
And I tried to pull her off, but...
She was just gone.
She was straddling her and hacking
off her head with a butcher knife.
There was all this blood...
I ran outside to tell Rusty,
he said he'd take care of it.
And a couple minutes later,
they came running out...
And told me to get in the car.
So, Rusty killed her?
And why would he do that?
She was telling
everyone he raped her.
He was afraid that
she'd press charges.
Was it true?
That he raped her?
Rusty, he raped me
on our second date.
So why would Dorrie tell the
police that it was you?
Cause I told her to.
We were in trailer, and he said
that he'd get the death penalty.
And they go lighter on a girl.
Unfortunately, when you
changed your story...
You look at me like I'm shit, I'm not shit.
Maybe I didn't do everything right...
Or go to college or have
a perfect life like you.
But I have a kid out there
that I'm not raising because...
My shitty lawyer and the DA fucked me
over and gave me life without parole...
When I wasn't even there.
I'll look at your list.
Getting everything organized?
I'm packing.
Taking a trip?
Uh-uh.
Can I come to?
Just me and daddy and blue dog.
I'm gonna have a rainbow
room and a fish.
That sounds nice.
We have to take a plane.
To your rainbow room?
For daddy's new job.
Daddy has a new job?
Uh-um, in Seattle.
- You never see her anyway!
- I see her!
You're either off having a mental
breakdown or you're too busy working.
One of us had to earn some money.
Sorry, I'm sorry.
I know I fucked up.
But you can't do this.
You can't take her to another
state. I'm her mom.
You'll always be her mom.
I'm just not gonna let
you keep hurting her.
While you were in rehab, Josh
has de facto sole custody.
We're working against him, and
not an unpleasant evidence.
I've been going to meetings.
And working this pro bono case
so I can get off probation.
I'm completely fucking sober
except a cigarette here and there.
Are you seeing Augie?
I'd be seeing a lot more of her
if I had any kind of help.
- This case I'm working on...
- Spend time with your kid, Cate.
We need to make you present
in her life again.
I'm having a really
tough week this week.
Gotta lot of stuff
going on, trying to...
You know.
Figure out...
I have a really hard
time surrendering.
I've been...
Pretending to give
up control, but...
I still want what I want, I still
want certain outcomes, you know?
So I start bargaining.
And then I start
making deals with God.
"If You do this for me..."
"I will have another month sober".
And then I start feeling guilty
about how I'm working my program.
Or how I'm not working my program.
So how's Augie and
what has she done?
She accused me of being perfect.
It's nice to know I can
still fool somebody.
Hey, are you okay?
I got a text from Wilson George.
Maybe I should just call
him, consult my list.
The idea isn't to
endangered yourself.
Why don't you just
change your number?
I like my number.
Wilson George may
have been cleared.
But he is still dangerous.
Had you been treated
for alcohol addiction?
Or depression prior to
your state clear haven?
No.
Do you want to tell me about it?
Do I want to?
I was working in the DA's office.
This was...
12 years ago.
It was 12.
And I was assigned this...
It was a rape murder
of a 6 years old girl.
And I've seen some...
Horrible awful things,
but this one was just...
Beyond.
I made it my mission
to put this guy away.
And so when I got the conviction,
I felt great and then...
When the jury sends him to die...
I felt like I did something right.
For a long time, I didn't
really think about it.
Except that I was glad that he
wasn't out there hurting anybody.
And so, I was deep
into another case.
I'd left the Prosecutors
Office a few years before.
And I got a call, they had
tested semen samples.
Taken from the girl's sock.
And, I guess...
Technology had advanced to...
Where they were able to
determine based on the new...
DNA evidence that...
That it wasn't actually Wilson
George and he was innocent.
I felt like...
Everything that I knew...
Everything that I...
Felt good about was...
Was wrong. False.
They got Dorrie's testimony,
they got Rusty's testimony.
And they got the victim's
pretty stricken mother...
Standing up there saying her daughter's
last word was "Lacey did it".
But it's a lie.
My lawyer said he spoke to some
medical examiner guy that said...
There's no way Jen
could've said I did it.
Because her throat
was sliced through.
Who? Ennis?
I read his testimony, that's
not what he said in court.
I know, but that's what
he told my lawyer.
So there's no way she
could say anything.
Dr. Ennis?
Yes?
Do you do consulting
work on trials?
Yes, yes that's right. Excuse me.
So, I could hire you
to give testimony.
Well...
We work primarily
with Law Enforcement,
Police, DA's office mainly.
And they keep you busy enough?
Oh yeah, they keep us really busy.
I'd say 99,9% of our work...
Comes from Law Enforcement.
So, you wouldn't just change
your opinion because...
Somebody called you and ask you to.
Like, say one of the DAs who
gives you all that business.
No, of course not.
Because 5 years ago, you told
Lacey Stubbs' lawyer that...
Jennifer Cole couldn't have spoken.
And then in court you changed
your mind and said...
She could've spoken in somewhat
slurred less intelligible manner.
Sounds like a pretty big
change, don't you think?
Says the DA admitted to
calling you and then...
When the judge asked if you felt
threatened or intimidated, you said no.
Right.
Even though 99.9% of your
business was at stake?
You should leave now.
So they tampered with him?
Sure as hell looks like it.
This isn't a simple appeal, I
need to reinvestigate the case.
I don't have a big money
firm backing me here.
No in-house PI, no
team of paralegals.
I don't even have an office.
There he is.
Doesn't that just scream serenity?
Criminal defense is your world.
You're not gonna answer me?
Was there a question
back there somewhere?
I need to find out what rock
Rusty Berkhart crawled under...
After he served his
whopping 3 months.
3 months for accessory to murder?
Hindering apprehension, DA
cut him a sweetheart deal...
In exchange for
testifying against Lacey.
And I need to talk to Dorrie Booth.
Are you asking me for help?
Like you're so busy.
What do I get?
My undying love and
continue to steam.
Oh...
Fine, I'll blow you.
Now we're talking.
So you know, I supported Josh for years
while he was trying to get this...
Video game launched, and
that project belt...
Hold on.
Who is it?
Where were you?
Sorry. So yeah...
So, I support him and
I'm the dead beat?
It's wrong, and I guess I was hoping that
you guys can talk some sense into him.
I don't want to...
Missed you tonight.
I don't want to...
Talk for hours and
hours on your machine.
But I love you both.
And hope we can talk soon.
Josh's parents won't
even pick up the phone.
I'm ranting on their voicemail.
A meeting is like a raffle,
you must be present to win.
Are you trying to make me
jump out of the window?
Did you eat?
I had a yogurt, made me
feel so much better.
One of my other friend...
Made me a lovely batch of soup.
Seriously, did you just come
over here to guilt trip me?
No.
No Cate, I came here to enable you.
Okay.
Both Dorrie and Rusty are
still guests of the states.
Dorrie won't talk or
doesn't want to talk.
But Rusty is willing.
For a small fee.
Rusty's still in jail?
Yes, he is.
Apparently he and the DA
are no longer sweethearts.
Lacey and Dorrie
don't agree on much.
But they both said that you
drove them to the condo.
Yeah.
I dropped them off.
Lacey said when she came out and
told you what was going on...
That you ran inside
to take care of it.
Lacey's a liar.
Is it a lie that you raped
her on your second date?
Is it a lie that you raped
her on your second date?
What can I say?
The bitch liked it rough.
Did Jen Cole like it rough too, when you
sodomized her in the back of your van?
No.
That was a pity fuck.
So what happened to the deal
that you cut with the DA?
I don't know.
- Ask them.
- I did ask them...
They said they yanked your deal because
you lied under oath at Lacey's trial.
About a list of questions that she
slipped you when you're both in county.
Questions that you were good
enough to answer in writing.
Question, if I cover up that
you helped Dorrie killed Jen...
Do you promise to love forever
and never beat my face again?
Your written answer, I promise.
She changed the question.
That's what you said under oath,
but the DA knew it wasn't true...
Because their own expert found that the
handwriting were yours and Lacey's.
With no changes or alterations.
I don't care what the expert
said, Lacey's a liar.
She's a liar?
Are we done here?
Yeah, we're done.
Guard!
And the problem is, I can't get the discovery
I need to prove we deserve a hearing...
Until after the judge grants one.
What's "discovery"?
Witness statements...
Police reports,
evidence, interviews.
So if they found an earring in
Jen's condo with blood on it...
They have to give it to you?
The cops found an earring
with Jen's blood on it?
Was it yours?
No, it was Rusty's.
They kept it out of evidence.
My lawyer said it wouldn't helped me anyway
cause Rusty told them the earring was mine.
Which never made sense to me, cause if the
cops really thought they had my earring...
Which includes blood on it...
Why didn't they use it against me?
That's a good question.
So, we got witness tampering...
Suggest... You have to prove it.
- Perjury testimony.
- That's your best shot.
And the fact that
the DA knew that...
Half of Rusty's
testimony was malarkey.
They didn't even bother to go
back and inform the court.
That's not nothing.
Let's just hope that this judge...
What's his name?
Sumnter, agrees.
Jameson Sumnter?
Yeah.
Friend of yours?
He was one of my law school profs.
Huge victim's rights guy.
That's not good.
Really bad kisser.
He really liked his students.
Particularly the female ones.
Mr. Barker, you ought to be
in a good mood this morning.
I'd like to point out to the court
my celebratory Cardinal end goal.
By the skin of their
teeth, Mr. Barker.
You're a football fan, Miss McCall?
No, Your Honor.
Do I know you?
I was in your victim's
rights seminar at UCLA.
Did you learn a few things?
More than a few.
Glad to hear it.
Mr. Barker...
Apparently I was Miss McCall's law
professor, do you have a problem with that?
No sir.
Miss McCall, do you have a problem with
my sitting on the bench in this case?
As I recall, you passed me, sir.
I'll take that as a no.
Well, Miss McCall...
Your petition raises...
Sufficient reasons to wonder at the quality of
justice administered in Miss Stubbs' trial...
I'm going to grant your request
for unlimited discovery.
Your Honor, I'm concern that without
limits the discovery process...
Would become
unreasonably burdensome.
Mr. Barker.
Miss McCall can very well get to
the bottom of whether or not...
This case was prosecuted in the manner
befitting the grade state of California...
Unless she has all the facts
and evidence before her.
Can't she?
The hearing is set forth...
November 7th.
Coupons from Dunkin Donuts.
Dry cleaning receipts.
They're trying to bury us
under an avalanche of crap.
You want to hear your horoscope
for June 16th, 2006?
Phone leads from 7 other cases.
You'll be on a learning curve
as your horizon are broaden.
A memo says...
Police took a statement from a neighbor
named CeeCee Claymans, day of.
No.
- No?
- Don't have it.
When was this?
Before I lost it.
Did you hear what he said?
No, play it again.
Do you recognize this?
Yeah.
It's my earring. I...
- Rusty?
- Yup.
Lacey said she loves it,
so I gave it to her.
You gave this earring to Lacey?
When was this?
Before I lost it.
They're coaching him.
- But he still can't get it right.
- No.
It's unbelievable.
Do you have any idea why the cops
might want to protect Rusty?
They hang out sometimes.
They were friends?
Welch and Rusty played poker together
a few times, and paintballs.
Maybe it wasn't so
much they were...
Protecting Rusty as they
were hurting me though.
Why would they want to hurt you?
If your story doesn't make sense, we're
gonna lose, do you understand that?
Why would the cops want
to hurt you, Lacey?
I don't know.
How about number 48?
Can you make out what that says?
Yes, it looks like "earring".
Any idea what earring
that might refer to?
I believe that was a CZ stud...
Belonging to Lacey Stubbs, which
we found in the Cole residence.
If I remember correctly,
there was blood on it.
Rusty Berkhart has a
pierced ear, also.
Is it possible that the earring
might have belonged to him?
I questioned him about it, and he stated
that he had given it to Miss Stubbs.
If you had Lacey Stubbs' earring
with Jen Cole's blood on it...
Why wasn't it admitted into
evidence at the trial?
It got lost.
It got lost?
Yeah. That's right.
Detective Welch, prior
to Jen Cole's murder...
Did you know Rusty
Berkhart socially?
I'd seen him around.
Ever played poker with him?
No, I mean.... Maybe.
Ever played paintball
with Mr. Berkhart?
I don't remember.
What about Lacey?
What about her?
Did you ever see her socially?
No.
She wasn't around when you're
playing poker with Rusty?
I have no idea.
You think you might
remember if she had been?
She's an attractive girl, right?
- Somebody a man might notice.
- This is bullshit.
Did you and Lacey ever date?
I'm a married man.
Is that a no?
I don't know what you're
trying to do here, but...
I've never done anything
with Lacey Stubbs...
I never said that you did.
I just asked if you've dated her.
Okay, for the record...
For the record, I never talked to her, never
looked at her, never laid a hand on her.
- Until I arrested her.
- Never laid a hand on her.
Fuck, I'm done.
- We need to take a break.
- It's okay, it's all I have.
You can tell that fucking cunt, if she
wants to talk shit about me again...
She's gonna regret it.
Lacey, I need to know what happened
between you and Detective Welch.
I can't.
He said he'd hurt my baby.
I gotta go.
Hello...
Ma'am, you mind coming with me?
I wasn't drunk.
Somebody hit me.
It's just routine.
Take a nice breath please.
I'm so sorry.
I called your cell a million times.
Are you okay?
I'm okay, my car is destroyed.
Somebody tried to run
me over the road.
The police had me
file a report, then...
Paramedics didn't want me to leave.
Okay, we'll just...
We'll schedule another session.
No, I'm okay. Please, I'm here.
- Can we just...
- I'm sorry, I have another appointment.
Sorry...
If I go and tell the judge...
That the cops framed
you for murder...
He's gonna want to know why.
I called the cops, wanted him
arrested, he beat my face.
He just went ballistic.
I got the police later, the
day before my 18th birthday.
Welch and another cop showed up,
asking if I want to press charges.
I said no, cause we
already made up.
Then Welch started acting all
weird, and asked me if I'm alone.
I got a sick feeling, and tried
to keep them outside, but...
They were both on me.
And I could see Rusty...
Staring on me from the yard.
They held me down, and Welch
punched me in my face.
He said, he heard I liked it rough.
Cause Rusty told them,
that's why he did it.
They took turned.
Why didn't she report?
Who's she gonna report it to?
Her boyfriend rapes her...
The cops rape her, she goes to
jail and the guards rape her.
It's amazing she's
as intact as she is.
Intact for a murderer.
I don't think she did it.
Really?
Cops needed a guilty party.
They're afraid Lacey will nail them on the
rape, and she gets the death penalty...
They kill two birds with one stone.
The DA isn't gonna
play along with this.
They didn't know.
They rely on what the cops gave
them, the cops fed them Lacey.
It's fucking Deja vu.
We're all waiting, Miss McCall.
Of course.
Lacey Stubbs maybe guilty in
having bad taste in boyfriends.
Of being naive.
Of standing by an abusive man
and lying to protect them.
But she's not guilty in
murdering Jennifer Cole.
When I first took this case,
I believed she was guilty.
I'd read the news reports...
She looked like a bad girl,
straight out of the tabloids.
But that's not the
real Lacey Stubbs.
This is.
This photo was taken two months before
Lacey started dating the real killer...
Rusty Berkhart.
Rusty transformed
Lacey to his taste.
Attempting to change a girl next
door to a dangerous femme fatale.
He didn't actually succeed.
Lacey Stubb is not the dangerous
person in this court today.
They are.
Quiet.
It sounds outrageous, doesn't it?
But Lacey's in prison not
because she's actually guilty.
But because DA Brinkerhoff and
the Hawthorne County PD...
Decided she was guilty and set about
fabricating a case against her.
They withheld evidence.
They suppress witness statements.
They coerced the defense witness
to change key testimony...
And then they invited the real killer,
Rusty Berkhart, to take the stand...
And claimed that
Lacey had confessed.
To him.
Police and prosecutors
considered Lacey Stubb trash.
And they threw her life away without
so much as a backward glance.
If it can happen to her...
It can happen to anyone of us.
It can happen to me.
It can happen to you.
Guess you can't keep
a good woman down.
Walk away.
It's gonna get ugly.
What's the matter, Brinkerhoff?
Afraid I'm gonna air
your dirty laundry?
If you air mine, I'll
be force to air yours.
And we both know you
got a shitload.
Hello?
Well, the good news is
you're very photogenic.
What?
You might want to
look at the papers.
Motherfucker.
So now you know.
I'm not perfect.
I've made mistakes just
like you, big ones.
If you want to get a new lawyer,
that's your prerogative.
But I am fucking good at what I
do, and I intend to win this.
Not just because it's
important to me.
But because I think
you're innocent.
And I think you got a raw deal.
But you said it didn't
matter if I was innocent.
It matters to me.
Dr. Miranchandi...
Once the carotid has severed...
How long can a person
remain conscious?
Without medical intervention...
Typically in matter of minutes.
So, unless Hazel Cole arrived
home within minutes...
Of her daughter being attacked...
She couldn't possibly have heard her
saying anything, is that correct?
That's correct.
A car with a kind of patchwork
paint job came toward me.
Swerving over into my lane.
Looked like he was drunk.
The driver was a
man, Miss Claymans?
Yes, he was.
Should I say who he was?
If you know.
It was Rusty Berkhart.
And you told all this
to the detectives?
I sure did.
They asked me if I'd be willing to come
to court to testify, I said I would...
But they never called me.
Are you aware of Miss Stubbs' claim
that she threw a pink garbage bag...
Containing a butcher knife with Rusty
Berkhart's fingerprints on it...
Into Dehunger River?
I can't say that I actually
heard her saying that now.
I'm reading from Lacey's
January 26th statement.
I put the knife into
a pink trash bag.
I drove over to Stoneyville
bridge and threw it in.
Is that a question?
Did police search
the Dehunger River?
I believe so, no bag was found.
And did you participate
in that search?
No, I did not.
You didn't?
No, I did not.
This is the tape of the search
the police gave to the defense.
Just before Miss Stubbs' trial.
Have you ever seen
this tape before?
I'm aware of it.
No pink bag was found.
The police were searching
for a pink bag...
Because Lacey have
told detectives...
That she had put the murder weapon with
Rusty Berkhart's fingerprints on it...
Into a pink trash bag.
And thrown it into the
Dehunger River, correct?
But we never found it.
Here's another tape.
This was wasn't shown at my
client's trial, 5 years ago.
It contains the exact same
footage of the lake search.
Only this one happens
to be a minute longer.
Any idea what that might be?
No ma'am.
But you're certain you didn't
Participate in the search?
That is correct.
So, Detective Duncan...
That's not you?
That looks like me.
Because it is you, isn't it?
What do you think that
might be, Detective?
Looks like something
caught in the branch.
A pink bag, maybe?
Oh there you are again.
Would it surprise you to learn
that the footage of the pink bag...
And the footage of you
waving at the cameraman...
To stop filming were not on the tape given
to Lacey Stubbs' counsel before the trial?
I just want to say....
After seeing this tape....
My memory is refreshed.
That bag has just.... I think....
Diapers or something.
So, now you remember the bag?
You just showed it.
Which is why you
remember it, right?
Because, your memory was refreshed.
Are you certain that the bag
contains diapers and not...
A butcher knife with Rusty
Berkhart's fingerprints on it?
I'm certain.
As certain as you were...
That you did not participate
in this search.
- Thank you.
- You're welcome.
And if the lion comes...
Daddy roars at the lion.
And chase it all the way
back to the jungle.
And if the panda comes...
Daddy would...
At the panda, and chase it all
the way back to the jungle.
And if the bear comes...
Mommy will grab that bear...
No.
Mommy can't play?
This is daddy game.
This is a photocopy of Hazel Cole's
Statement dated December 27th.
The one that you took,
is that correct?
Yes.
Do you see any mention of Hazel Cole saying
she heard her daughter said Lacey did it?
I remember her saying it.
But is it in the statement?
It's probably in a later statement.
Here's another statement that you
took, 3 weeks later on January 25th.
Is it mentioned here?
No.
If Hazel Cole have mentioned it...
As she held her dying daughter in
her arms, she had heard the words...
Lacey did it...
Is that something that you would
typically include in your report?
She probably mentioned
it at a future time.
You mean after you suggested that it may
Help you made a case against Lacey Stubbs.
- Objection.
- Sustained.
Do you remember Hazel
Cole calling you...
To say that she found an earring,
several weeks after the murder?
Yes, I do.
And do you remember Rusty Berkhart
saying the earring was his?
No, I don't remember that.
Your Honor, defense
exhibit number 17.
You recognize this?
Yeah.
What is it?
It's my earring.
Okay...
Detective Welch, do you recognize
the two voices on that tape?
Yes, I do.
It's me and Rusty Berkhart.
And who did Rusty said
the earring belong to?
- If you play the tape further on, he changes it...
- I'm not talking about after you coached him.
I'm asking you right there, when
you first asked the question.
Did Rusty Berkhart say the
earring was his? Yes or no?
Yes.
He held his gun to my throat...
Then he moved it down
between my legs...
Then he pushed it inside of me.
I could feel the cold steel in me.
While he moved it, in and out.
Can you remember anything about
the gun? What it looked like?
It had letters engraved
in the handle.
Could you read what they were?
It said RAW.
Lacey, did you know either
of the men who raped you?
One of them was friends
with Rusty, Robert Welch.
And what happened then?
He got off of me, and said
if I opened my mouth...
They would come back and do
the same thing to my kid.
Did you ever see Detective Robert
Welch Again after the rape?
He was the one who arrested me.
Thank you.
Mr. Davies, please ask our
friends in the Sheriff Office...
To locate Detective Welch.
And invite him back
into my court room.
I want to warn the prosecution.
I don't want anyone to
discuss with Mr. Welch...
What was just brought up in here.
- Call him.
- I'm on it.
Is there a problem, Mr. Barker?
Your Honor, my associate maybe on the
phone with Detective Welch right now.
What?
I asked him to call as soon
as the rape allegation...
What, a minute ago?
Obviously, this whole
thing is coming as a...
God help you if someone
coached this witness.
Do you hear me, Mr. Barker?
God help you.
I have an incident report here
dated November 29th, 2007.
Would you please take a look
at it, to refresh your memory?
According to that report...
Lacey Stubbs met you at the door
with a bloody face, saying...
Rusty has a butcher knife, I'm
afraid he's trying to kill me.
Is that correct?
Yes.
And do you recall coming
back to the same trailer...
Three weeks later on November 29th?
To see if Miss Stubbs was
intending to press charges?
No, I do not.
- You don't remember that?
- No, it never happened.
You don't remember pushing
your way into the trailer?
And forcing Lacey Stubbs...
- to have Anal sex with you?
- Objection.
Sustained.
Where were you, Saturday
November 29th, 2007?
I have no idea.
But you're sure you weren't
Raping Lacey Stubbs?
- Objection.
- Sustained.
Dead sure.
Do you carry a gun?
Yes, I do. Always.
May I see it?
Is it engraved in any way?
Yes, with my initials.
RAW.
Damnit.
It's okay, you sucked.
That's fine.
How do you like that?
Prosecutor wants to
negotiate on Simms.
You can't leave, I'm
about to annihilate you.
The wheels are just turning, my
dear, climbing down the innocent.
What about my closing statement?
Practice in the mirror
till I get back.
The prosecution's case
against my client...
Demands that you believe
2 incredible things.
The testimony of a known
perjurer and probable killer...
Who says that Lacey
Stubbs confessed to him...
And the dubious claims
of Hazel Cole...
Who said she heard her
daughter say Lacey did it.
Excuse me.
Is that a problem, Mr. Barker?
I'm sorry, Your Honor.
Miss Cole would like a chance
to address the court...
During my closing statement?
This is highly improper...
I saw Rusty driving passed me...
When I was coming home that morning
too, just before I found Jen.
The court should not
be considering this.
- All the testimony is in...
- Miss McCall.
If this person has information that's
Relevant to what actually happened....
I want to hear it.
Approach the bench.
Are you telling us, Mrs. Cole,
that after all this time...
You're only just now remembering...
What happened on the morning
your daughter was killed?
No...
I told Detectives at the time...
And they told me I
shouldn't dwell on it.
Detectives told you that
you shouldn't dwell on it?
Yes sir.
And I guess I put it
out of my mind and...
When that neighbor lady
said she saw him too...
I'm Christian, I try always
to tell the truth and I...
I just felt I should tell you.
I commend you for your honesty.
Something's that in short supply
in my court room as of late.
At this point, Mr. Barker, given
everything that we've heard...
Wouldn't you say it's time
to discuss some relief?
Your Honor, please.
I just need a few moments...
We have had police
detectives lying under oath.
Altering tapes,
suppressing evidence.
And now, we have the
victim's own mother.
With no reason to lie.
Telling us she saw Mr. Berkhart...
Fleeing the scene of the crime.
I repeat.
At this point, Mr. Barker.
Don't you think Miss Stubbs
is in title of some relief?
I can see how the woman is, yes.
You can make your decision
over the weekend.
Whether you want to put
on your own witnesses...
And defense this case, or not.
In the meantime, I'm going to release Miss
Stubbs into some agreed upon custody.
He's letting her go.
Don't you see?
If I saw them, it means I
got there within minutes...
It means I could have gotten there
when Jen could still speak.
No, Mrs. Cole. If you saw
Mr. Berkhart leaving the crime scene.
And told detectives, it means they
Withheld exculpatory evidence.
Thank you.
You may sit down.
Let's go.
Mrs. McCall.
Yes, Your Honor.
You're the obvious
choice for custody.
I have...
I have plans to see my daughter.
I'm sure you'll work something out.
Welcome to my perfect life.
Because I want to see her.
I don't have a car.
Just forget it.
Are you okay?
I'm out for one weekend and...
My parents won't
bring her to see me.
She's so big, I don't
even recognize her.
I miss you.
They really gonna let her go?
We'll know on Monday.
But, it looks like things
could finally go Lacey's way.
Things always go Lacey's way.
She makes sure of it.
Yeah.
I can't really talk right now.
You just got through telling us you
didn't intend to defense this case.
But to claim that she's innocent...
I have never seen a case,
in any jurisdiction...
Where there has been as much
prosecutorial misconduct.
But my point...
By my count, at least 5 state
witnesses perjured themselves.
We have obstruction of justice.
Witness tampering,
evidence disappearing.
There is a human
being sitting here.
Serving a life sentence.
Based on testimony that your
office has seen disavowed.
I find by clear and
compelling evidence...
Lacey Stubbs to be actually
innocent of first degree murder.
So she shall be
immediately released.
And I'm going to add...
She can never be tried
in this state again.
No!
Holy shit, we did it.
Great, Cate.
Congratulations.
See you outside.
Thank you.
Ice cream has too much sugar.
Today we're celebrating.
Why?
Because your momma helped a lady
out of a real bad situation.
My daddy says she did bad things.
People thought she did bad things.
Because mean people
told lies about her.
So your mommy went to
court and told the truth.
She made the mean
people played fair.
You made the mean
people played fair?
Yeah, baby.
Wow, I always knew you're good babe,
but you tore them up in there.
- How are you, George?
- Good.
Looks like one of us is
going back to trial.
I need you back on the team.
I'm not sure the other partners...
Everybody deserves a second chance.
Even the stone cold
killer like Lacey Stubbs.
How are you doing, buddy?
I'm fine, buddy.
Call me.
Wow, babe...
If you pay me a half a million bucks,
you can call me babe too, babe.
Here's half a million
dollars, babe.
Don't encourage him.
Can I brush his teeth?
- Not yet.
- He ate so much ice cream.
Sshh...
He's not the one
that had ice cream.
He had ice cream.
Okay.
I gotta go now, sweetie pie.
I'm gonna give you the
tiny little momma.
Here.
Take good care of
it while I'm gone.
Hey.
Stop.
I need to talk to you
about Lacey Stubbs.
I am not interested in
defending myself or the case.
My daughter is Dorrie Booth.
Do you think that there's
any chance that the...
New evidence you dug
up might help her too?
I don't actually do
criminal defense.
My daughter didn't kill anybody.
But they put her in prison for
the rest of her natural life.
What if it was your daughter?
So, the cops basically came up with a
story that they wanted people to believe.
And they sold it to the DA.
And the DA sold it to the jury.
And the jury bought it.
Hook and sinker.
Isn't that what you did?
I was under the impression that
you wanted to discuss an appeal?
Why?
Because...
I'm gonna lie to save myself.
I did what they said I did.
I held her down.
While Lacey cut her throat.
- Lacey said that Rusty...
- Rusty wasn't there.
He'd dropped us off
and he picked us up.
But he was never in the condo.
So Lacey can lie...
And say all kinds of things.
And maybe you believe her when she bat
her eyes and turns on the water works.
But that's because
you weren't there.
But I was.
And I know what happened.
Oh Jesus Christ.
Step out of the car, leave your
hands where I can see them.
You've got to be kidding.
Is there a problem?
I need you to step
out of the vehicle.
Okay, you've had your fun.
I'm gonna go now.
Lady, we haven't even begun to
have fun yet. Get out of the car.
I said, get the fuck
out of the car...
Now.
Face the car, put your
hands behind your back.
I'm not doing any...
I haven't done anything!
I know, but I could say that
I found an open container...
In the front seat of your car.
And in the court of law, it'll be
your words against mine, right?
Add to that, assaulting
a police officer.
Resisting arrest.
You happen to know a
good lawyer, do you?
This is bullshit.
No, bullshit is Lacey
Stubbs saying I raped her.
That's fucking bullshit.
My client, Your Honor
is highly respected...
Well-known attorney in this
Jurisdiction for 13 years.
She's charged with
assault on Alleo.
She thought her life was threaten.
That won't fly in my
court, Counselor.
January 26th, bind is set
at $5,000 unsecured.
Let's go, Cate.
I need to talk to Lacey.
She ain't here.
Do you have any idea
where I might find her?
Took off a day after the trial.
Ain't heard from her since.
That ain't true.
She called.
Asking for money.
Do you know where she
was calling from?
Number came up in Stockton.
She shacked up with some guy.
Said she'd be sending somebody
to get her belongings, but...
So far...
No one.
Lacey borrowed a necklace of mine.
You don't got to explain.
Lacey's been takin' things
that don't belong to her...
Her whole life.
- Can I have a Popsicle?
- No.
- Please, please.
- No.
Got it.
Do you happen to know the name
of the man she's staying with?
I don't remember his name.
He's one who was
accused of raping her.
Detective Welch?
No, not him.
The other one.
That prison guard she was fucking.
Thank you.
Is Lacey here?
What are you doing here?
Make yourself at home.
Is he the one you accused of rape?
I never accuse him. They said I
couldn't consent cause I was an inmate.
So they fired his ass and
bust me out to Fornfolk.
I talked to Dorrie.
Is she getting a new trial too?
No.
She doesn't want one.
Never was too bright, that girl.
She still says you killed Jen.
Dorrie wants to be all
sweet and Jesus now.
But do you know how she killed
a girl back in Alaska...
Who's gonna tell her
parents she was a lesbo?
Yeah, put a rope around her neck, strung her
out, and dump her body in a frozen lake.
Her parents won't let you in...
And the cops wouldn't catch her.
I found this at your
parents' house.
I read a lot of trash when I was in jail.
What else you gonna do, right?
You mind reading this section?
Okay, I'll read it.
I could feel the gun
against my throat.
Then he moved it down
between my legs...
And I could feel the cold
steel slide inside my cunt.
The cop was fucking
me with his piece...
As his cock tore me
open from behind.
You said that after
Welch raped you...
He threaten to do the
same to your kid.
You didn't have a kid yet.
You were still 6 months
pregnant when you went to jail.
He might not have said that
thing about the kid right then.
Welch didn't rape you, did he?
I knew he was a cop,
friend of Rusty's.
What about the initials on the gun?
I made that part up too...
But everything else it true.
I swear on my daughter's life.
Who the fuck are you to judge me?
You try walking a mile on my shoes
and see how pretty the world looks.
What would I see, Lacey?
Jen Cole's terrified face
as I cut her throat?
The judge said I'm innocent.
But you're not, are you?
What do you think?
Welch is dirty.
Brinkerhoff's negligent.
Rusty's a creep and she's guilty.
Jesus Christ, I did
what I accuse them of.
It's not the same thing,
Cate. You know it.
We won the case, based on a lie.
Forget about Lacey Stubbs.
Focus on your custody hearing.
You did your job.
You did it well.
Now move on.
Thanks.
Fern, I'll see you up there.
When you sat on the bench as long as
I have, you'd get use to the fact...
The trial just basically
a liar's contest.
The point is, we set a clear
message to law enforcement.
But she's guilty.
I heard about your assault charge.
It's all bullshit.
Who's the judge?
Hayes.
I'll see what I can do.
What do you mean?
I'll talk to him.
Are you free tonight?
The Renaissance, say 8:30?
My grandfather used to take
me to the Renaissance.
For lobster.
In that case, let's
make it to Huttington.
You're a good lawyer, Cate.
You can even be a great one.
Don't let a thing like
this get in the way.
Dr Wise has submitted a report
which I have reviewed...
It's her opinion that, while the mother
Loves and cares deeply for her child...
She's not able at present to fully
focus on the child's needs.
Seems the father has been a loving
stable force of his daughter's life.
We certainly don't want to deny
the child's access to that stability.
Because the father's compelled
to move for employment.
- Your Honor...
- I'm not finished.
You're going to work for Microsoft.
Yes.
I don't see that the child's rights or
Welfare will be prejudiced in this case.
Your Honor, she's 5 years old.
I may not be the perfect mother, but I love
my daughter more than anything in the world.
Well, looks like you're going
to get the chance to prove it.
- I'll call you, okay?
- Yeah.
Microsoft.
I should have sued you for alimony.
I'm not asking you
for anything, Cate.
No, just my daughter.
What's the difference, Cate?
You're already right
back in the saddle.
You've got your high profile cases.
Same old firm, crazy hours.
Listen, I worked my ass
off on that case...
So I can prove to you, and the
judge and everybody else...
That I was capable of being
my daughter's mother...
You work your ass off
because you like to win.
Augie doesn't need
a mother who wins.
She needs a mother who's there.
Then why are you taking her
a thousand miles away?
I tell you what.
Move to Seattle for Augie.
I'll share custody.
I can't move to Seattle, Josh!
I practice law in California!
We're...
We're leaving in the
morning, early.
Maybe you could...
Manage to stop by and say goodbye.
Just try and focus on
the next right action.
Like what?
Throwing myself off of
the Sixth Street Bridge?
- You gotta count the bad blow.
- Thank you.
I want to drink.
Your feelings, Cate...
They come and go.
You don't know shit
about my feelings.
I know you drink.
So you don't have to feel them.
Give me a break.
I've been where you are.
It gets better.
Does it?
You live in your office...
With a cod and a hot plate.
You didn't just lose your kid.
Do you want to play some
kind of misery contest?
With me?
Alright, let's play Cate.
That'd be fun.
But I'm gonna tell you
one thing, goddmanit...
You will lose, you'll
fucking lose completely.
So please, just cut
out the bullshit.
I can't do this anymore.
No, you can't do this anymore.
No, you won't.
What do you want to be?
An old bag, with a bottle
of booze beside you?
I have heard enough AA bullshit
to last me a life time.
All the cute little sayings,
and the stupid rules.
It doesn't fucking work.
I'm fucking done with all of it.
Cate, sit down.
The A losers and the dirty cops...
And the defendants lying
off their asses...
Go and fuck yourself.
Fuck myself, sit down.
I put a man in prison
for 11 years...
Because I follow the rules.
I just let a murdered walks
because I follow the rules.
And now I lost my kid because I
follow the rules, you know what?
Fuck the rules!
Fuck you and fuck
the fucking rules!
Ow shit.
I'm meeting Jameson Sumnter.
Are you Cate?
Yeah.
Thanks.
I wanted to say I'm sorry.
I spent a life saving...
Fighting those awful charges.
But if you love someone...
You have no choice.
But to hold on to what
you believe about.
Even when people say
terrible things...
You can't go with the evidence.
You gotta go with your heart.
I really wasn't trying to hurt you.
I thought...
I truly thought.
I was doing something good.
A guy I know.
Did 27 years for
something he didn't do.
He said you can hang
on to the hate.
All these years, I thought...
I thought I wanted to hear
you say you're sorry.
But this is better.
I like watching you cry.
You know why?
The hate is all you left me with.
Hate is all I got.
Shit...
Sorry baby, I totally overslept.
- Hey...
- Hey.
I'm gonna give you the
tiny little momma.
- Daddy...
- I know you're mad at me.
I know you are.
It's okay, baby.
No matter what anybody says, I...
Love you.
- Alright that's it.
- More than anything in the world.
And I always will.
When people say really bad
Things about a person...
If you love them...
You have to hang on.
Do what you believe about
them in your heart.
You can't just go on evidence.
Cause evidence get misrepresented.
And twisted until it's
all a fucking lie.
That's it.
You need to get yourself some help.
I got help!
This is the new improved me.
I slept.
So I see.
I got a call from the DA.
The assault charges are dropped.
I see.
I actually am the piece of shit
of the center of the universe.
You're half way right anyway.
You want to keep feeling the
way you're feeling right now.
Well, just keep on doing
what you're doing.
If you want to feel better...
Figure out how you can serve
something other than your own ego.
So you made a mistake.
I didn't make a mistake.
So Lacey pulled one over on you.
The custody judge thought Josh
was a better parent, okay.
What are you gonna do about it?
You're gonna drink
yourself to death?
So Augie has no mother at all?
For god sake, I had a few drinks.
Save it, Cate.
Save it for somebody that can't
smell your bullshit from mile away.
You're drunk.
And not because the
world did it to you.
Or because Wilson George
turned out to be innocent.
Or Lacey turned out to be guilty.
You're drunk because it's the
way you choose to handle it.
And if you don't change.
Guess what?
Nothing changes.
You're a great and
special person, Cate.
But not for any of the
reasons you think.
Not because you're a great lawyer.
Or you're pretty.
Or because you win in court.
What's so great about me?
It's something you need to
figure out for yourself.
I need 5 minutes.
We're appealing Stubbs.
Everybody knows you're appealing.
I know how you can put
her back in jail.
Our case can be made that she feels
to exhaust your state's appeal.
I can have you disbarred.
If you have me disbarred, you
can't take credit for my idea.
Can I talk to you?
Go fuck yourself.
I know she lied about the rape.
I didn't know it then,
but I know it now.
You know your problem is?
You can't tell the good
guys from the bad guys.
Used to be a lot easier
to tell the difference.
You're no better than me.
I don't think I'm better than you.
I think I'm just like you.
I want to get the bad guys too, and
right now I don't care how I do it.
They found a technicality.
They're exploiting it.
Maybe you didn't notice,
but I'm back in jail.
As soon as the state denies the appeal
we go right back to federal court.
Sumnter's all over the news
saying he'll set you free again.
Why would you want to represent
someone you think is guilty?
I don't make mistakes.
This case will come around again.
And when it does...
I intend to see that this poor
abused woman is set free.
Once and for all.
Douglas is moving over to Exxon.
I want you with me in DC
quarterbacking Waterford.
That's fucking fantastic.
We'll head out tonight.
Oh, I'm...
I'm with my daughter in
Seattle this weekend.
Sorry babe, you're in DC.
Play your cards right, and you're
right back on the fast track.
Then we'll put on Henkle...
Said DBCP was well below
the damage causing level.
And that workers refused to
wear protective gear. Sorry.
Hey, I'm gonna miss my
connection to Seattle.
Can you see if there's
any later flights?
Everything you want to know
about Arthuro Juan Gonzales.
That's not the same guy.
Isn't it?
Okay, so check another airline.
A cellphone?
I've entered myself remember?
So if you ever need
to talk to me...
You just press that.
And that way I'll
always know it's you.
Hello?
Okay bug, we gotta go back to bed.
Could you give us a minute?
I'm sorry I missed your party.
I really wanted to be there.
I know I let you down,
and I'm really sorry.
Blue dog doesn't feel good.
No?
Is he sick?
He ate too many cupcakes.
I'm not gonna make you
any more promises.
I'm just gonna do better.
Okay?
I don't want the
tiny momma anymore.
Make this go away, you'll make full
partner by the end of the year.
You have my word.
Shall we?
Mr. Gonzales, would you mind reading
the first paragraph of this article?
Arthuro Juan Gonzales
convicted of a brutal crime...
In Chapas Mexico, in 2003.
This isn't me.
Mr. Gonzales, I'm looking
at your rep sheet.
The lists...
Murder.
Kidnapping.
Assault.
Sorry.
Cate.
Mrs. McCall.
I know you didn't kill anybody.
We're just trying to make him look bad. So
that you won't give him what he deserves.
Your Honor, we need a recess.
Just give him what he deserves.
Nice piece and the Times.
Sure it's justice you want?
Not a sit on the court?
What are you worried about, Cate?
That your client will go free?
You can't sit on this case.
You need to reused yourself.
All rise.
Who is that?
Looks like Justice Tanaka.
Please be seated.
Before us today, after
a lengthy journey.
Up and down the states and
federal justice system...
We have a Habeas Petition
of Lacey Stubbs.
I'd like to give both
parties an opportunity to...
Request additional testimony...
On topics that the court has
not sufficiently addressed.
Where the fuck is Sumnter?
Did you ever socialize
with Lacey Stubbs?
No sir.
Did you have sex with Lacey Stubbs?
No sir, I did not.
Did you rape Lacey Stubbs?
Absolutely not.
Do you know where you were
on November 29th, 2007?
Yes, I was in Chicago
with my wife and son.
So now you say you're in Chicago?
November 29th, 2007?
Yes, that's correct.
And we're supposed to
take your word for that?
You could, or you could...
Check my credit card receipt.
So it's still your testimony
that Detective Welch raped you?
She said I wouldn't have
to go through this again.
Answer the question.
Yes, he raped me.
Reading from the record now...
Welch got off me...
And said if I open my mouth...
They'd come back and
do the same to my kid.
That's still your testimony?
Yes.
But on November 29th, 2007...
You didn't have a child, did you?
He said...
It's a simple yes or no question.
He said he was gonna rape my kid.
Maybe he meant the one inside of me.
I don't know what he was thinking.
Your Honor, I'd like
to mark this State 12.
Do you recognize this book?
Not really.
Would you mind reading the
underline passage here?
Starting with "I could feel
the gun against my throat".
She's trying to fuck me!
Miss Dubbs.
That cocksucker got him
that in the first place.
You fucking bitch!
I'm gonna kill you!
Get the fuck...
I'm gonna fucking
slice your throat!
I'll kill you!
I'll cut you!
Court order!
Clear the room!
I'll fucking kill you!
Hurry!
I'll kill you!
One of my sponsor's
favorite saying is...
You can't change the wind.
But you can adjust the sail.
It's been a pretty
rough year recently.
Somedays it's...
All I can do to...
Hang on and hold my head up high.
So I can see the damn sails without
getting my head knocked off, but...
I'm here.
Again.
Still.
Graditute's always
been really hard.
But I want to say thanks.
I won't be here without you.
Call me, as soon as you land.
Yeah.
And, don't forget
you're starting over.
Every single day.
One fucking day at a time.
Yeah...
Okay...
You're an asshole.
Did you figure it out yet?
The great and the special?
I'm still working on it.
Oh.
Maybe that's it. Maybe...
I never give up.
That's not nothing.
Is this my room?
Yeah.
I have a rainbow room
in daddy's house.
Well, now you have
one at my house too.
A fish.
Hi boy.
I'm gonna name you Rainbow.
Is that okay?
And the drinking?
I've been having a
hard time sleeping.
And my husband and I,
weren't doing well.
It was a really bad time.
And...
I started having a few drinks to...
Knock myself out.
And when that didn't kill
it, I had pain meds.
Your husband said that you
were suspended from the bar.
- No, I wasn't suspended.
- Oh.
Okay, he mentioned...
I was put on probation.
One morning, I was late to court.
And the judge chastised me...
I just lost it.
I don't know what I said, but...
He ordered a
breathalyzer test and...
I was put on probation.
I wasn't suspended.
Must've been difficult for
you to tell me all that.
Will it get me my daughter back?
I need another case.
Preferably, one I can win.
Miss McCall, your work here
is considered restitution.
You don't get to pick and choose.
One part of my life I haven't completely
fucked up is my record in court.
I'd like to keep it that way.
This is a goddamn Habeas case,
I'm a civil defense attorney.
It's essentially a civil action,
I'm sure you'll find the rules our
victim plead is discoverably familiar.
Come on, you must have people
who are better qualified.
We try to provide destitute women access
to the very best legal counsel available.
At the moment, the best counsel we
have to offer Lacey Stubbs is you.
She was just moved from
Valley State to CWCF.
Why?
She was moved after
being raped repeatedly.
By her guard.
So you're saying, I can't refuse?
Of course you can.
And I can refuse to recommend
you be taken off probation.
You're all set, have
a great flight.
When the cops first arrested
her, she said yeah...
She and her friend went over to the victim's
house with a rope and a butcher knife...
But only to frighten
her, and then...
Later, things got out of hands and whoops
she accidentally slit the girl's throat.
Hate when that happens.
Later, she changed the story
and says the boyfriend did it.
Look at her.
Does she like to play dress up?
It's a fucking freak show.
The DA's got the best
friend saying Lacey did it.
The boyfriend saying Lacey did it, even the
victim said Lacey did it, right before she died.
- The mind is like...
- It's a loser.
Come on, Cate. You're doing
great, you really are.
I feel like shit.
You're all set.
- Thank you.
- You're welcome.
Feelings aren't facts.
Give me a hug.
Just call me, everyday. Okay?
Yeah.
Hold the other gate.
Hey Snow White.
Shut up.
Stubbs, you got a visitor.
You understand what a
Habeas Petition is?
I think so, after you lose all
your appeals, you go to the...
Essentially you're telling
a federal judge...
That you believe your imprisonment
was unconstitutional.
Because the state court that convicted
You made a legal or factual error.
I've been keeping list
of all the mistakes.
You have to persuade the judge that
there was significant trial error.
I didn't kill Jen.
Honestly, whether you're guilty
or innocent is beside the point.
She went out with my boyfriend
when I was pregnant.
I screamed at her, I said terrible
things to her, but I didn't kill her.
So, why did you tell
the cops that you did?
Because I didn't want to send my
baby's dad to the gas chamber.
And then when I found out he
lied to me about everything...
Including never loving me or the baby,
I had to tell the cops the truth.
Which is what?
Me and Dorrie just went
over there to scare her.
But Dorrie just lost it.
She was screaming in Jen's face
and pushed her really hard.
Jen hit her head.
And I tried to pull her off, but...
She was just gone.
She was straddling her and hacking
off her head with a butcher knife.
There was all this blood...
I ran outside to tell Rusty,
he said he'd take care of it.
And a couple minutes later,
they came running out...
And told me to get in the car.
So, Rusty killed her?
And why would he do that?
She was telling
everyone he raped her.
He was afraid that
she'd press charges.
Was it true?
That he raped her?
Rusty, he raped me
on our second date.
So why would Dorrie tell the
police that it was you?
Cause I told her to.
We were in trailer, and he said
that he'd get the death penalty.
And they go lighter on a girl.
Unfortunately, when you
changed your story...
You look at me like I'm shit, I'm not shit.
Maybe I didn't do everything right...
Or go to college or have
a perfect life like you.
But I have a kid out there
that I'm not raising because...
My shitty lawyer and the DA fucked me
over and gave me life without parole...
When I wasn't even there.
I'll look at your list.
Getting everything organized?
I'm packing.
Taking a trip?
Uh-uh.
Can I come to?
Just me and daddy and blue dog.
I'm gonna have a rainbow
room and a fish.
That sounds nice.
We have to take a plane.
To your rainbow room?
For daddy's new job.
Daddy has a new job?
Uh-um, in Seattle.
- You never see her anyway!
- I see her!
You're either off having a mental
breakdown or you're too busy working.
One of us had to earn some money.
Sorry, I'm sorry.
I know I fucked up.
But you can't do this.
You can't take her to another
state. I'm her mom.
You'll always be her mom.
I'm just not gonna let
you keep hurting her.
While you were in rehab, Josh
has de facto sole custody.
We're working against him, and
not an unpleasant evidence.
I've been going to meetings.
And working this pro bono case
so I can get off probation.
I'm completely fucking sober
except a cigarette here and there.
Are you seeing Augie?
I'd be seeing a lot more of her
if I had any kind of help.
- This case I'm working on...
- Spend time with your kid, Cate.
We need to make you present
in her life again.
I'm having a really
tough week this week.
Gotta lot of stuff
going on, trying to...
You know.
Figure out...
I have a really hard
time surrendering.
I've been...
Pretending to give
up control, but...
I still want what I want, I still
want certain outcomes, you know?
So I start bargaining.
And then I start
making deals with God.
"If You do this for me..."
"I will have another month sober".
And then I start feeling guilty
about how I'm working my program.
Or how I'm not working my program.
So how's Augie and
what has she done?
She accused me of being perfect.
It's nice to know I can
still fool somebody.
Hey, are you okay?
I got a text from Wilson George.
Maybe I should just call
him, consult my list.
The idea isn't to
endangered yourself.
Why don't you just
change your number?
I like my number.
Wilson George may
have been cleared.
But he is still dangerous.
Had you been treated
for alcohol addiction?
Or depression prior to
your state clear haven?
No.
Do you want to tell me about it?
Do I want to?
I was working in the DA's office.
This was...
12 years ago.
It was 12.
And I was assigned this...
It was a rape murder
of a 6 years old girl.
And I've seen some...
Horrible awful things,
but this one was just...
Beyond.
I made it my mission
to put this guy away.
And so when I got the conviction,
I felt great and then...
When the jury sends him to die...
I felt like I did something right.
For a long time, I didn't
really think about it.
Except that I was glad that he
wasn't out there hurting anybody.
And so, I was deep
into another case.
I'd left the Prosecutors
Office a few years before.
And I got a call, they had
tested semen samples.
Taken from the girl's sock.
And, I guess...
Technology had advanced to...
Where they were able to
determine based on the new...
DNA evidence that...
That it wasn't actually Wilson
George and he was innocent.
I felt like...
Everything that I knew...
Everything that I...
Felt good about was...
Was wrong. False.
They got Dorrie's testimony,
they got Rusty's testimony.
And they got the victim's
pretty stricken mother...
Standing up there saying her daughter's
last word was "Lacey did it".
But it's a lie.
My lawyer said he spoke to some
medical examiner guy that said...
There's no way Jen
could've said I did it.
Because her throat
was sliced through.
Who? Ennis?
I read his testimony, that's
not what he said in court.
I know, but that's what
he told my lawyer.
So there's no way she
could say anything.
Dr. Ennis?
Yes?
Do you do consulting
work on trials?
Yes, yes that's right. Excuse me.
So, I could hire you
to give testimony.
Well...
We work primarily
with Law Enforcement,
Police, DA's office mainly.
And they keep you busy enough?
Oh yeah, they keep us really busy.
I'd say 99,9% of our work...
Comes from Law Enforcement.
So, you wouldn't just change
your opinion because...
Somebody called you and ask you to.
Like, say one of the DAs who
gives you all that business.
No, of course not.
Because 5 years ago, you told
Lacey Stubbs' lawyer that...
Jennifer Cole couldn't have spoken.
And then in court you changed
your mind and said...
She could've spoken in somewhat
slurred less intelligible manner.
Sounds like a pretty big
change, don't you think?
Says the DA admitted to
calling you and then...
When the judge asked if you felt
threatened or intimidated, you said no.
Right.
Even though 99.9% of your
business was at stake?
You should leave now.
So they tampered with him?
Sure as hell looks like it.
This isn't a simple appeal, I
need to reinvestigate the case.
I don't have a big money
firm backing me here.
No in-house PI, no
team of paralegals.
I don't even have an office.
There he is.
Doesn't that just scream serenity?
Criminal defense is your world.
You're not gonna answer me?
Was there a question
back there somewhere?
I need to find out what rock
Rusty Berkhart crawled under...
After he served his
whopping 3 months.
3 months for accessory to murder?
Hindering apprehension, DA
cut him a sweetheart deal...
In exchange for
testifying against Lacey.
And I need to talk to Dorrie Booth.
Are you asking me for help?
Like you're so busy.
What do I get?
My undying love and
continue to steam.
Oh...
Fine, I'll blow you.
Now we're talking.
So you know, I supported Josh for years
while he was trying to get this...
Video game launched, and
that project belt...
Hold on.
Who is it?
Where were you?
Sorry. So yeah...
So, I support him and
I'm the dead beat?
It's wrong, and I guess I was hoping that
you guys can talk some sense into him.
I don't want to...
Missed you tonight.
I don't want to...
Talk for hours and
hours on your machine.
But I love you both.
And hope we can talk soon.
Josh's parents won't
even pick up the phone.
I'm ranting on their voicemail.
A meeting is like a raffle,
you must be present to win.
Are you trying to make me
jump out of the window?
Did you eat?
I had a yogurt, made me
feel so much better.
One of my other friend...
Made me a lovely batch of soup.
Seriously, did you just come
over here to guilt trip me?
No.
No Cate, I came here to enable you.
Okay.
Both Dorrie and Rusty are
still guests of the states.
Dorrie won't talk or
doesn't want to talk.
But Rusty is willing.
For a small fee.
Rusty's still in jail?
Yes, he is.
Apparently he and the DA
are no longer sweethearts.
Lacey and Dorrie
don't agree on much.
But they both said that you
drove them to the condo.
Yeah.
I dropped them off.
Lacey said when she came out and
told you what was going on...
That you ran inside
to take care of it.
Lacey's a liar.
Is it a lie that you raped
her on your second date?
Is it a lie that you raped
her on your second date?
What can I say?
The bitch liked it rough.
Did Jen Cole like it rough too, when you
sodomized her in the back of your van?
No.
That was a pity fuck.
So what happened to the deal
that you cut with the DA?
I don't know.
- Ask them.
- I did ask them...
They said they yanked your deal because
you lied under oath at Lacey's trial.
About a list of questions that she
slipped you when you're both in county.
Questions that you were good
enough to answer in writing.
Question, if I cover up that
you helped Dorrie killed Jen...
Do you promise to love forever
and never beat my face again?
Your written answer, I promise.
She changed the question.
That's what you said under oath,
but the DA knew it wasn't true...
Because their own expert found that the
handwriting were yours and Lacey's.
With no changes or alterations.
I don't care what the expert
said, Lacey's a liar.
She's a liar?
Are we done here?
Yeah, we're done.
Guard!
And the problem is, I can't get the discovery
I need to prove we deserve a hearing...
Until after the judge grants one.
What's "discovery"?
Witness statements...
Police reports,
evidence, interviews.
So if they found an earring in
Jen's condo with blood on it...
They have to give it to you?
The cops found an earring
with Jen's blood on it?
Was it yours?
No, it was Rusty's.
They kept it out of evidence.
My lawyer said it wouldn't helped me anyway
cause Rusty told them the earring was mine.
Which never made sense to me, cause if the
cops really thought they had my earring...
Which includes blood on it...
Why didn't they use it against me?
That's a good question.
So, we got witness tampering...
Suggest... You have to prove it.
- Perjury testimony.
- That's your best shot.
And the fact that
the DA knew that...
Half of Rusty's
testimony was malarkey.
They didn't even bother to go
back and inform the court.
That's not nothing.
Let's just hope that this judge...
What's his name?
Sumnter, agrees.
Jameson Sumnter?
Yeah.
Friend of yours?
He was one of my law school profs.
Huge victim's rights guy.
That's not good.
Really bad kisser.
He really liked his students.
Particularly the female ones.
Mr. Barker, you ought to be
in a good mood this morning.
I'd like to point out to the court
my celebratory Cardinal end goal.
By the skin of their
teeth, Mr. Barker.
You're a football fan, Miss McCall?
No, Your Honor.
Do I know you?
I was in your victim's
rights seminar at UCLA.
Did you learn a few things?
More than a few.
Glad to hear it.
Mr. Barker...
Apparently I was Miss McCall's law
professor, do you have a problem with that?
No sir.
Miss McCall, do you have a problem with
my sitting on the bench in this case?
As I recall, you passed me, sir.
I'll take that as a no.
Well, Miss McCall...
Your petition raises...
Sufficient reasons to wonder at the quality of
justice administered in Miss Stubbs' trial...
I'm going to grant your request
for unlimited discovery.
Your Honor, I'm concern that without
limits the discovery process...
Would become
unreasonably burdensome.
Mr. Barker.
Miss McCall can very well get to
the bottom of whether or not...
This case was prosecuted in the manner
befitting the grade state of California...
Unless she has all the facts
and evidence before her.
Can't she?
The hearing is set forth...
November 7th.
Coupons from Dunkin Donuts.
Dry cleaning receipts.
They're trying to bury us
under an avalanche of crap.
You want to hear your horoscope
for June 16th, 2006?
Phone leads from 7 other cases.
You'll be on a learning curve
as your horizon are broaden.
A memo says...
Police took a statement from a neighbor
named CeeCee Claymans, day of.
No.
- No?
- Don't have it.
When was this?
Before I lost it.
Did you hear what he said?
No, play it again.
Do you recognize this?
Yeah.
It's my earring. I...
- Rusty?
- Yup.
Lacey said she loves it,
so I gave it to her.
You gave this earring to Lacey?
When was this?
Before I lost it.
They're coaching him.
- But he still can't get it right.
- No.
It's unbelievable.
Do you have any idea why the cops
might want to protect Rusty?
They hang out sometimes.
They were friends?
Welch and Rusty played poker together
a few times, and paintballs.
Maybe it wasn't so
much they were...
Protecting Rusty as they
were hurting me though.
Why would they want to hurt you?
If your story doesn't make sense, we're
gonna lose, do you understand that?
Why would the cops want
to hurt you, Lacey?
I don't know.
How about number 48?
Can you make out what that says?
Yes, it looks like "earring".
Any idea what earring
that might refer to?
I believe that was a CZ stud...
Belonging to Lacey Stubbs, which
we found in the Cole residence.
If I remember correctly,
there was blood on it.
Rusty Berkhart has a
pierced ear, also.
Is it possible that the earring
might have belonged to him?
I questioned him about it, and he stated
that he had given it to Miss Stubbs.
If you had Lacey Stubbs' earring
with Jen Cole's blood on it...
Why wasn't it admitted into
evidence at the trial?
It got lost.
It got lost?
Yeah. That's right.
Detective Welch, prior
to Jen Cole's murder...
Did you know Rusty
Berkhart socially?
I'd seen him around.
Ever played poker with him?
No, I mean.... Maybe.
Ever played paintball
with Mr. Berkhart?
I don't remember.
What about Lacey?
What about her?
Did you ever see her socially?
No.
She wasn't around when you're
playing poker with Rusty?
I have no idea.
You think you might
remember if she had been?
She's an attractive girl, right?
- Somebody a man might notice.
- This is bullshit.
Did you and Lacey ever date?
I'm a married man.
Is that a no?
I don't know what you're
trying to do here, but...
I've never done anything
with Lacey Stubbs...
I never said that you did.
I just asked if you've dated her.
Okay, for the record...
For the record, I never talked to her, never
looked at her, never laid a hand on her.
- Until I arrested her.
- Never laid a hand on her.
Fuck, I'm done.
- We need to take a break.
- It's okay, it's all I have.
You can tell that fucking cunt, if she
wants to talk shit about me again...
She's gonna regret it.
Lacey, I need to know what happened
between you and Detective Welch.
I can't.
He said he'd hurt my baby.
I gotta go.
Hello...
Ma'am, you mind coming with me?
I wasn't drunk.
Somebody hit me.
It's just routine.
Take a nice breath please.
I'm so sorry.
I called your cell a million times.
Are you okay?
I'm okay, my car is destroyed.
Somebody tried to run
me over the road.
The police had me
file a report, then...
Paramedics didn't want me to leave.
Okay, we'll just...
We'll schedule another session.
No, I'm okay. Please, I'm here.
- Can we just...
- I'm sorry, I have another appointment.
Sorry...
If I go and tell the judge...
That the cops framed
you for murder...
He's gonna want to know why.
I called the cops, wanted him
arrested, he beat my face.
He just went ballistic.
I got the police later, the
day before my 18th birthday.
Welch and another cop showed up,
asking if I want to press charges.
I said no, cause we
already made up.
Then Welch started acting all
weird, and asked me if I'm alone.
I got a sick feeling, and tried
to keep them outside, but...
They were both on me.
And I could see Rusty...
Staring on me from the yard.
They held me down, and Welch
punched me in my face.
He said, he heard I liked it rough.
Cause Rusty told them,
that's why he did it.
They took turned.
Why didn't she report?
Who's she gonna report it to?
Her boyfriend rapes her...
The cops rape her, she goes to
jail and the guards rape her.
It's amazing she's
as intact as she is.
Intact for a murderer.
I don't think she did it.
Really?
Cops needed a guilty party.
They're afraid Lacey will nail them on the
rape, and she gets the death penalty...
They kill two birds with one stone.
The DA isn't gonna
play along with this.
They didn't know.
They rely on what the cops gave
them, the cops fed them Lacey.
It's fucking Deja vu.
We're all waiting, Miss McCall.
Of course.
Lacey Stubbs maybe guilty in
having bad taste in boyfriends.
Of being naive.
Of standing by an abusive man
and lying to protect them.
But she's not guilty in
murdering Jennifer Cole.
When I first took this case,
I believed she was guilty.
I'd read the news reports...
She looked like a bad girl,
straight out of the tabloids.
But that's not the
real Lacey Stubbs.
This is.
This photo was taken two months before
Lacey started dating the real killer...
Rusty Berkhart.
Rusty transformed
Lacey to his taste.
Attempting to change a girl next
door to a dangerous femme fatale.
He didn't actually succeed.
Lacey Stubb is not the dangerous
person in this court today.
They are.
Quiet.
It sounds outrageous, doesn't it?
But Lacey's in prison not
because she's actually guilty.
But because DA Brinkerhoff and
the Hawthorne County PD...
Decided she was guilty and set about
fabricating a case against her.
They withheld evidence.
They suppress witness statements.
They coerced the defense witness
to change key testimony...
And then they invited the real killer,
Rusty Berkhart, to take the stand...
And claimed that
Lacey had confessed.
To him.
Police and prosecutors
considered Lacey Stubb trash.
And they threw her life away without
so much as a backward glance.
If it can happen to her...
It can happen to anyone of us.
It can happen to me.
It can happen to you.
Guess you can't keep
a good woman down.
Walk away.
It's gonna get ugly.
What's the matter, Brinkerhoff?
Afraid I'm gonna air
your dirty laundry?
If you air mine, I'll
be force to air yours.
And we both know you
got a shitload.
Hello?
Well, the good news is
you're very photogenic.
What?
You might want to
look at the papers.
Motherfucker.
So now you know.
I'm not perfect.
I've made mistakes just
like you, big ones.
If you want to get a new lawyer,
that's your prerogative.
But I am fucking good at what I
do, and I intend to win this.
Not just because it's
important to me.
But because I think
you're innocent.
And I think you got a raw deal.
But you said it didn't
matter if I was innocent.
It matters to me.
Dr. Miranchandi...
Once the carotid has severed...
How long can a person
remain conscious?
Without medical intervention...
Typically in matter of minutes.
So, unless Hazel Cole arrived
home within minutes...
Of her daughter being attacked...
She couldn't possibly have heard her
saying anything, is that correct?
That's correct.
A car with a kind of patchwork
paint job came toward me.
Swerving over into my lane.
Looked like he was drunk.
The driver was a
man, Miss Claymans?
Yes, he was.
Should I say who he was?
If you know.
It was Rusty Berkhart.
And you told all this
to the detectives?
I sure did.
They asked me if I'd be willing to come
to court to testify, I said I would...
But they never called me.
Are you aware of Miss Stubbs' claim
that she threw a pink garbage bag...
Containing a butcher knife with Rusty
Berkhart's fingerprints on it...
Into Dehunger River?
I can't say that I actually
heard her saying that now.
I'm reading from Lacey's
January 26th statement.
I put the knife into
a pink trash bag.
I drove over to Stoneyville
bridge and threw it in.
Is that a question?
Did police search
the Dehunger River?
I believe so, no bag was found.
And did you participate
in that search?
No, I did not.
You didn't?
No, I did not.
This is the tape of the search
the police gave to the defense.
Just before Miss Stubbs' trial.
Have you ever seen
this tape before?
I'm aware of it.
No pink bag was found.
The police were searching
for a pink bag...
Because Lacey have
told detectives...
That she had put the murder weapon with
Rusty Berkhart's fingerprints on it...
Into a pink trash bag.
And thrown it into the
Dehunger River, correct?
But we never found it.
Here's another tape.
This was wasn't shown at my
client's trial, 5 years ago.
It contains the exact same
footage of the lake search.
Only this one happens
to be a minute longer.
Any idea what that might be?
No ma'am.
But you're certain you didn't
Participate in the search?
That is correct.
So, Detective Duncan...
That's not you?
That looks like me.
Because it is you, isn't it?
What do you think that
might be, Detective?
Looks like something
caught in the branch.
A pink bag, maybe?
Oh there you are again.
Would it surprise you to learn
that the footage of the pink bag...
And the footage of you
waving at the cameraman...
To stop filming were not on the tape given
to Lacey Stubbs' counsel before the trial?
I just want to say....
After seeing this tape....
My memory is refreshed.
That bag has just.... I think....
Diapers or something.
So, now you remember the bag?
You just showed it.
Which is why you
remember it, right?
Because, your memory was refreshed.
Are you certain that the bag
contains diapers and not...
A butcher knife with Rusty
Berkhart's fingerprints on it?
I'm certain.
As certain as you were...
That you did not participate
in this search.
- Thank you.
- You're welcome.
And if the lion comes...
Daddy roars at the lion.
And chase it all the way
back to the jungle.
And if the panda comes...
Daddy would...
At the panda, and chase it all
the way back to the jungle.
And if the bear comes...
Mommy will grab that bear...
No.
Mommy can't play?
This is daddy game.
This is a photocopy of Hazel Cole's
Statement dated December 27th.
The one that you took,
is that correct?
Yes.
Do you see any mention of Hazel Cole saying
she heard her daughter said Lacey did it?
I remember her saying it.
But is it in the statement?
It's probably in a later statement.
Here's another statement that you
took, 3 weeks later on January 25th.
Is it mentioned here?
No.
If Hazel Cole have mentioned it...
As she held her dying daughter in
her arms, she had heard the words...
Lacey did it...
Is that something that you would
typically include in your report?
She probably mentioned
it at a future time.
You mean after you suggested that it may
Help you made a case against Lacey Stubbs.
- Objection.
- Sustained.
Do you remember Hazel
Cole calling you...
To say that she found an earring,
several weeks after the murder?
Yes, I do.
And do you remember Rusty Berkhart
saying the earring was his?
No, I don't remember that.
Your Honor, defense
exhibit number 17.
You recognize this?
Yeah.
What is it?
It's my earring.
Okay...
Detective Welch, do you recognize
the two voices on that tape?
Yes, I do.
It's me and Rusty Berkhart.
And who did Rusty said
the earring belong to?
- If you play the tape further on, he changes it...
- I'm not talking about after you coached him.
I'm asking you right there, when
you first asked the question.
Did Rusty Berkhart say the
earring was his? Yes or no?
Yes.
He held his gun to my throat...
Then he moved it down
between my legs...
Then he pushed it inside of me.
I could feel the cold steel in me.
While he moved it, in and out.
Can you remember anything about
the gun? What it looked like?
It had letters engraved
in the handle.
Could you read what they were?
It said RAW.
Lacey, did you know either
of the men who raped you?
One of them was friends
with Rusty, Robert Welch.
And what happened then?
He got off of me, and said
if I opened my mouth...
They would come back and do
the same thing to my kid.
Did you ever see Detective Robert
Welch Again after the rape?
He was the one who arrested me.
Thank you.
Mr. Davies, please ask our
friends in the Sheriff Office...
To locate Detective Welch.
And invite him back
into my court room.
I want to warn the prosecution.
I don't want anyone to
discuss with Mr. Welch...
What was just brought up in here.
- Call him.
- I'm on it.
Is there a problem, Mr. Barker?
Your Honor, my associate maybe on the
phone with Detective Welch right now.
What?
I asked him to call as soon
as the rape allegation...
What, a minute ago?
Obviously, this whole
thing is coming as a...
God help you if someone
coached this witness.
Do you hear me, Mr. Barker?
God help you.
I have an incident report here
dated November 29th, 2007.
Would you please take a look
at it, to refresh your memory?
According to that report...
Lacey Stubbs met you at the door
with a bloody face, saying...
Rusty has a butcher knife, I'm
afraid he's trying to kill me.
Is that correct?
Yes.
And do you recall coming
back to the same trailer...
Three weeks later on November 29th?
To see if Miss Stubbs was
intending to press charges?
No, I do not.
- You don't remember that?
- No, it never happened.
You don't remember pushing
your way into the trailer?
And forcing Lacey Stubbs...
- to have Anal sex with you?
- Objection.
Sustained.
Where were you, Saturday
November 29th, 2007?
I have no idea.
But you're sure you weren't
Raping Lacey Stubbs?
- Objection.
- Sustained.
Dead sure.
Do you carry a gun?
Yes, I do. Always.
May I see it?
Is it engraved in any way?
Yes, with my initials.
RAW.
Damnit.
It's okay, you sucked.
That's fine.
How do you like that?
Prosecutor wants to
negotiate on Simms.
You can't leave, I'm
about to annihilate you.
The wheels are just turning, my
dear, climbing down the innocent.
What about my closing statement?
Practice in the mirror
till I get back.
The prosecution's case
against my client...
Demands that you believe
2 incredible things.
The testimony of a known
perjurer and probable killer...
Who says that Lacey
Stubbs confessed to him...
And the dubious claims
of Hazel Cole...
Who said she heard her
daughter say Lacey did it.
Excuse me.
Is that a problem, Mr. Barker?
I'm sorry, Your Honor.
Miss Cole would like a chance
to address the court...
During my closing statement?
This is highly improper...
I saw Rusty driving passed me...
When I was coming home that morning
too, just before I found Jen.
The court should not
be considering this.
- All the testimony is in...
- Miss McCall.
If this person has information that's
Relevant to what actually happened....
I want to hear it.
Approach the bench.
Are you telling us, Mrs. Cole,
that after all this time...
You're only just now remembering...
What happened on the morning
your daughter was killed?
No...
I told Detectives at the time...
And they told me I
shouldn't dwell on it.
Detectives told you that
you shouldn't dwell on it?
Yes sir.
And I guess I put it
out of my mind and...
When that neighbor lady
said she saw him too...
I'm Christian, I try always
to tell the truth and I...
I just felt I should tell you.
I commend you for your honesty.
Something's that in short supply
in my court room as of late.
At this point, Mr. Barker, given
everything that we've heard...
Wouldn't you say it's time
to discuss some relief?
Your Honor, please.
I just need a few moments...
We have had police
detectives lying under oath.
Altering tapes,
suppressing evidence.
And now, we have the
victim's own mother.
With no reason to lie.
Telling us she saw Mr. Berkhart...
Fleeing the scene of the crime.
I repeat.
At this point, Mr. Barker.
Don't you think Miss Stubbs
is in title of some relief?
I can see how the woman is, yes.
You can make your decision
over the weekend.
Whether you want to put
on your own witnesses...
And defense this case, or not.
In the meantime, I'm going to release Miss
Stubbs into some agreed upon custody.
He's letting her go.
Don't you see?
If I saw them, it means I
got there within minutes...
It means I could have gotten there
when Jen could still speak.
No, Mrs. Cole. If you saw
Mr. Berkhart leaving the crime scene.
And told detectives, it means they
Withheld exculpatory evidence.
Thank you.
You may sit down.
Let's go.
Mrs. McCall.
Yes, Your Honor.
You're the obvious
choice for custody.
I have...
I have plans to see my daughter.
I'm sure you'll work something out.
Welcome to my perfect life.
Because I want to see her.
I don't have a car.
Just forget it.
Are you okay?
I'm out for one weekend and...
My parents won't
bring her to see me.
She's so big, I don't
even recognize her.
I miss you.
They really gonna let her go?
We'll know on Monday.
But, it looks like things
could finally go Lacey's way.
Things always go Lacey's way.
She makes sure of it.
Yeah.
I can't really talk right now.
You just got through telling us you
didn't intend to defense this case.
But to claim that she's innocent...
I have never seen a case,
in any jurisdiction...
Where there has been as much
prosecutorial misconduct.
But my point...
By my count, at least 5 state
witnesses perjured themselves.
We have obstruction of justice.
Witness tampering,
evidence disappearing.
There is a human
being sitting here.
Serving a life sentence.
Based on testimony that your
office has seen disavowed.
I find by clear and
compelling evidence...
Lacey Stubbs to be actually
innocent of first degree murder.
So she shall be
immediately released.
And I'm going to add...
She can never be tried
in this state again.
No!
Holy shit, we did it.
Great, Cate.
Congratulations.
See you outside.
Thank you.
Ice cream has too much sugar.
Today we're celebrating.
Why?
Because your momma helped a lady
out of a real bad situation.
My daddy says she did bad things.
People thought she did bad things.
Because mean people
told lies about her.
So your mommy went to
court and told the truth.
She made the mean
people played fair.
You made the mean
people played fair?
Yeah, baby.
Wow, I always knew you're good babe,
but you tore them up in there.
- How are you, George?
- Good.
Looks like one of us is
going back to trial.
I need you back on the team.
I'm not sure the other partners...
Everybody deserves a second chance.
Even the stone cold
killer like Lacey Stubbs.
How are you doing, buddy?
I'm fine, buddy.
Call me.
Wow, babe...
If you pay me a half a million bucks,
you can call me babe too, babe.
Here's half a million
dollars, babe.
Don't encourage him.
Can I brush his teeth?
- Not yet.
- He ate so much ice cream.
Sshh...
He's not the one
that had ice cream.
He had ice cream.
Okay.
I gotta go now, sweetie pie.
I'm gonna give you the
tiny little momma.
Here.
Take good care of
it while I'm gone.
Hey.
Stop.
I need to talk to you
about Lacey Stubbs.
I am not interested in
defending myself or the case.
My daughter is Dorrie Booth.
Do you think that there's
any chance that the...
New evidence you dug
up might help her too?
I don't actually do
criminal defense.
My daughter didn't kill anybody.
But they put her in prison for
the rest of her natural life.
What if it was your daughter?
So, the cops basically came up with a
story that they wanted people to believe.
And they sold it to the DA.
And the DA sold it to the jury.
And the jury bought it.
Hook and sinker.
Isn't that what you did?
I was under the impression that
you wanted to discuss an appeal?
Why?
Because...
I'm gonna lie to save myself.
I did what they said I did.
I held her down.
While Lacey cut her throat.
- Lacey said that Rusty...
- Rusty wasn't there.
He'd dropped us off
and he picked us up.
But he was never in the condo.
So Lacey can lie...
And say all kinds of things.
And maybe you believe her when she bat
her eyes and turns on the water works.
But that's because
you weren't there.
But I was.
And I know what happened.
Oh Jesus Christ.
Step out of the car, leave your
hands where I can see them.
You've got to be kidding.
Is there a problem?
I need you to step
out of the vehicle.
Okay, you've had your fun.
I'm gonna go now.
Lady, we haven't even begun to
have fun yet. Get out of the car.
I said, get the fuck
out of the car...
Now.
Face the car, put your
hands behind your back.
I'm not doing any...
I haven't done anything!
I know, but I could say that
I found an open container...
In the front seat of your car.
And in the court of law, it'll be
your words against mine, right?
Add to that, assaulting
a police officer.
Resisting arrest.
You happen to know a
good lawyer, do you?
This is bullshit.
No, bullshit is Lacey
Stubbs saying I raped her.
That's fucking bullshit.
My client, Your Honor
is highly respected...
Well-known attorney in this
Jurisdiction for 13 years.
She's charged with
assault on Alleo.
She thought her life was threaten.
That won't fly in my
court, Counselor.
January 26th, bind is set
at $5,000 unsecured.
Let's go, Cate.
I need to talk to Lacey.
She ain't here.
Do you have any idea
where I might find her?
Took off a day after the trial.
Ain't heard from her since.
That ain't true.
She called.
Asking for money.
Do you know where she
was calling from?
Number came up in Stockton.
She shacked up with some guy.
Said she'd be sending somebody
to get her belongings, but...
So far...
No one.
Lacey borrowed a necklace of mine.
You don't got to explain.
Lacey's been takin' things
that don't belong to her...
Her whole life.
- Can I have a Popsicle?
- No.
- Please, please.
- No.
Got it.
Do you happen to know the name
of the man she's staying with?
I don't remember his name.
He's one who was
accused of raping her.
Detective Welch?
No, not him.
The other one.
That prison guard she was fucking.
Thank you.
Is Lacey here?
What are you doing here?
Make yourself at home.
Is he the one you accused of rape?
I never accuse him. They said I
couldn't consent cause I was an inmate.
So they fired his ass and
bust me out to Fornfolk.
I talked to Dorrie.
Is she getting a new trial too?
No.
She doesn't want one.
Never was too bright, that girl.
She still says you killed Jen.
Dorrie wants to be all
sweet and Jesus now.
But do you know how she killed
a girl back in Alaska...
Who's gonna tell her
parents she was a lesbo?
Yeah, put a rope around her neck, strung her
out, and dump her body in a frozen lake.
Her parents won't let you in...
And the cops wouldn't catch her.
I found this at your
parents' house.
I read a lot of trash when I was in jail.
What else you gonna do, right?
You mind reading this section?
Okay, I'll read it.
I could feel the gun
against my throat.
Then he moved it down
between my legs...
And I could feel the cold
steel slide inside my cunt.
The cop was fucking
me with his piece...
As his cock tore me
open from behind.
You said that after
Welch raped you...
He threaten to do the
same to your kid.
You didn't have a kid yet.
You were still 6 months
pregnant when you went to jail.
He might not have said that
thing about the kid right then.
Welch didn't rape you, did he?
I knew he was a cop,
friend of Rusty's.
What about the initials on the gun?
I made that part up too...
But everything else it true.
I swear on my daughter's life.
Who the fuck are you to judge me?
You try walking a mile on my shoes
and see how pretty the world looks.
What would I see, Lacey?
Jen Cole's terrified face
as I cut her throat?
The judge said I'm innocent.
But you're not, are you?
What do you think?
Welch is dirty.
Brinkerhoff's negligent.
Rusty's a creep and she's guilty.
Jesus Christ, I did
what I accuse them of.
It's not the same thing,
Cate. You know it.
We won the case, based on a lie.
Forget about Lacey Stubbs.
Focus on your custody hearing.
You did your job.
You did it well.
Now move on.
Thanks.
Fern, I'll see you up there.
When you sat on the bench as long as
I have, you'd get use to the fact...
The trial just basically
a liar's contest.
The point is, we set a clear
message to law enforcement.
But she's guilty.
I heard about your assault charge.
It's all bullshit.
Who's the judge?
Hayes.
I'll see what I can do.
What do you mean?
I'll talk to him.
Are you free tonight?
The Renaissance, say 8:30?
My grandfather used to take
me to the Renaissance.
For lobster.
In that case, let's
make it to Huttington.
You're a good lawyer, Cate.
You can even be a great one.
Don't let a thing like
this get in the way.
Dr Wise has submitted a report
which I have reviewed...
It's her opinion that, while the mother
Loves and cares deeply for her child...
She's not able at present to fully
focus on the child's needs.
Seems the father has been a loving
stable force of his daughter's life.
We certainly don't want to deny
the child's access to that stability.
Because the father's compelled
to move for employment.
- Your Honor...
- I'm not finished.
You're going to work for Microsoft.
Yes.
I don't see that the child's rights or
Welfare will be prejudiced in this case.
Your Honor, she's 5 years old.
I may not be the perfect mother, but I love
my daughter more than anything in the world.
Well, looks like you're going
to get the chance to prove it.
- I'll call you, okay?
- Yeah.
Microsoft.
I should have sued you for alimony.
I'm not asking you
for anything, Cate.
No, just my daughter.
What's the difference, Cate?
You're already right
back in the saddle.
You've got your high profile cases.
Same old firm, crazy hours.
Listen, I worked my ass
off on that case...
So I can prove to you, and the
judge and everybody else...
That I was capable of being
my daughter's mother...
You work your ass off
because you like to win.
Augie doesn't need
a mother who wins.
She needs a mother who's there.
Then why are you taking her
a thousand miles away?
I tell you what.
Move to Seattle for Augie.
I'll share custody.
I can't move to Seattle, Josh!
I practice law in California!
We're...
We're leaving in the
morning, early.
Maybe you could...
Manage to stop by and say goodbye.
Just try and focus on
the next right action.
Like what?
Throwing myself off of
the Sixth Street Bridge?
- You gotta count the bad blow.
- Thank you.
I want to drink.
Your feelings, Cate...
They come and go.
You don't know shit
about my feelings.
I know you drink.
So you don't have to feel them.
Give me a break.
I've been where you are.
It gets better.
Does it?
You live in your office...
With a cod and a hot plate.
You didn't just lose your kid.
Do you want to play some
kind of misery contest?
With me?
Alright, let's play Cate.
That'd be fun.
But I'm gonna tell you
one thing, goddmanit...
You will lose, you'll
fucking lose completely.
So please, just cut
out the bullshit.
I can't do this anymore.
No, you can't do this anymore.
No, you won't.
What do you want to be?
An old bag, with a bottle
of booze beside you?
I have heard enough AA bullshit
to last me a life time.
All the cute little sayings,
and the stupid rules.
It doesn't fucking work.
I'm fucking done with all of it.
Cate, sit down.
The A losers and the dirty cops...
And the defendants lying
off their asses...
Go and fuck yourself.
Fuck myself, sit down.
I put a man in prison
for 11 years...
Because I follow the rules.
I just let a murdered walks
because I follow the rules.
And now I lost my kid because I
follow the rules, you know what?
Fuck the rules!
Fuck you and fuck
the fucking rules!
Ow shit.
I'm meeting Jameson Sumnter.
Are you Cate?
Yeah.
Thanks.
I wanted to say I'm sorry.
I spent a life saving...
Fighting those awful charges.
But if you love someone...
You have no choice.
But to hold on to what
you believe about.
Even when people say
terrible things...
You can't go with the evidence.
You gotta go with your heart.
I really wasn't trying to hurt you.
I thought...
I truly thought.
I was doing something good.
A guy I know.
Did 27 years for
something he didn't do.
He said you can hang
on to the hate.
All these years, I thought...
I thought I wanted to hear
you say you're sorry.
But this is better.
I like watching you cry.
You know why?
The hate is all you left me with.
Hate is all I got.
Shit...
Sorry baby, I totally overslept.
- Hey...
- Hey.
I'm gonna give you the
tiny little momma.
- Daddy...
- I know you're mad at me.
I know you are.
It's okay, baby.
No matter what anybody says, I...
Love you.
- Alright that's it.
- More than anything in the world.
And I always will.
When people say really bad
Things about a person...
If you love them...
You have to hang on.
Do what you believe about
them in your heart.
You can't just go on evidence.
Cause evidence get misrepresented.
And twisted until it's
all a fucking lie.
That's it.
You need to get yourself some help.
I got help!
This is the new improved me.
I slept.
So I see.
I got a call from the DA.
The assault charges are dropped.
I see.
I actually am the piece of shit
of the center of the universe.
You're half way right anyway.
You want to keep feeling the
way you're feeling right now.
Well, just keep on doing
what you're doing.
If you want to feel better...
Figure out how you can serve
something other than your own ego.
So you made a mistake.
I didn't make a mistake.
So Lacey pulled one over on you.
The custody judge thought Josh
was a better parent, okay.
What are you gonna do about it?
You're gonna drink
yourself to death?
So Augie has no mother at all?
For god sake, I had a few drinks.
Save it, Cate.
Save it for somebody that can't
smell your bullshit from mile away.
You're drunk.
And not because the
world did it to you.
Or because Wilson George
turned out to be innocent.
Or Lacey turned out to be guilty.
You're drunk because it's the
way you choose to handle it.
And if you don't change.
Guess what?
Nothing changes.
You're a great and
special person, Cate.
But not for any of the
reasons you think.
Not because you're a great lawyer.
Or you're pretty.
Or because you win in court.
What's so great about me?
It's something you need to
figure out for yourself.
I need 5 minutes.
We're appealing Stubbs.
Everybody knows you're appealing.
I know how you can put
her back in jail.
Our case can be made that she feels
to exhaust your state's appeal.
I can have you disbarred.
If you have me disbarred, you
can't take credit for my idea.
Can I talk to you?
Go fuck yourself.
I know she lied about the rape.
I didn't know it then,
but I know it now.
You know your problem is?
You can't tell the good
guys from the bad guys.
Used to be a lot easier
to tell the difference.
You're no better than me.
I don't think I'm better than you.
I think I'm just like you.
I want to get the bad guys too, and
right now I don't care how I do it.
They found a technicality.
They're exploiting it.
Maybe you didn't notice,
but I'm back in jail.
As soon as the state denies the appeal
we go right back to federal court.
Sumnter's all over the news
saying he'll set you free again.
Why would you want to represent
someone you think is guilty?
I don't make mistakes.
This case will come around again.
And when it does...
I intend to see that this poor
abused woman is set free.
Once and for all.
Douglas is moving over to Exxon.
I want you with me in DC
quarterbacking Waterford.
That's fucking fantastic.
We'll head out tonight.
Oh, I'm...
I'm with my daughter in
Seattle this weekend.
Sorry babe, you're in DC.
Play your cards right, and you're
right back on the fast track.
Then we'll put on Henkle...
Said DBCP was well below
the damage causing level.
And that workers refused to
wear protective gear. Sorry.
Hey, I'm gonna miss my
connection to Seattle.
Can you see if there's
any later flights?
Everything you want to know
about Arthuro Juan Gonzales.
That's not the same guy.
Isn't it?
Okay, so check another airline.
A cellphone?
I've entered myself remember?
So if you ever need
to talk to me...
You just press that.
And that way I'll
always know it's you.
Hello?
Okay bug, we gotta go back to bed.
Could you give us a minute?
I'm sorry I missed your party.
I really wanted to be there.
I know I let you down,
and I'm really sorry.
Blue dog doesn't feel good.
No?
Is he sick?
He ate too many cupcakes.
I'm not gonna make you
any more promises.
I'm just gonna do better.
Okay?
I don't want the
tiny momma anymore.
Make this go away, you'll make full
partner by the end of the year.
You have my word.
Shall we?
Mr. Gonzales, would you mind reading
the first paragraph of this article?
Arthuro Juan Gonzales
convicted of a brutal crime...
In Chapas Mexico, in 2003.
This isn't me.
Mr. Gonzales, I'm looking
at your rep sheet.
The lists...
Murder.
Kidnapping.
Assault.
Sorry.
Cate.
Mrs. McCall.
I know you didn't kill anybody.
We're just trying to make him look bad. So
that you won't give him what he deserves.
Your Honor, we need a recess.
Just give him what he deserves.
Nice piece and the Times.
Sure it's justice you want?
Not a sit on the court?
What are you worried about, Cate?
That your client will go free?
You can't sit on this case.
You need to reused yourself.
All rise.
Who is that?
Looks like Justice Tanaka.
Please be seated.
Before us today, after
a lengthy journey.
Up and down the states and
federal justice system...
We have a Habeas Petition
of Lacey Stubbs.
I'd like to give both
parties an opportunity to...
Request additional testimony...
On topics that the court has
not sufficiently addressed.
Where the fuck is Sumnter?
Did you ever socialize
with Lacey Stubbs?
No sir.
Did you have sex with Lacey Stubbs?
No sir, I did not.
Did you rape Lacey Stubbs?
Absolutely not.
Do you know where you were
on November 29th, 2007?
Yes, I was in Chicago
with my wife and son.
So now you say you're in Chicago?
November 29th, 2007?
Yes, that's correct.
And we're supposed to
take your word for that?
You could, or you could...
Check my credit card receipt.
So it's still your testimony
that Detective Welch raped you?
She said I wouldn't have
to go through this again.
Answer the question.
Yes, he raped me.
Reading from the record now...
Welch got off me...
And said if I open my mouth...
They'd come back and
do the same to my kid.
That's still your testimony?
Yes.
But on November 29th, 2007...
You didn't have a child, did you?
He said...
It's a simple yes or no question.
He said he was gonna rape my kid.
Maybe he meant the one inside of me.
I don't know what he was thinking.
Your Honor, I'd like
to mark this State 12.
Do you recognize this book?
Not really.
Would you mind reading the
underline passage here?
Starting with "I could feel
the gun against my throat".
She's trying to fuck me!
Miss Dubbs.
That cocksucker got him
that in the first place.
You fucking bitch!
I'm gonna kill you!
Get the fuck...
I'm gonna fucking
slice your throat!
I'll kill you!
I'll cut you!
Court order!
Clear the room!
I'll fucking kill you!
Hurry!
I'll kill you!
One of my sponsor's
favorite saying is...
You can't change the wind.
But you can adjust the sail.
It's been a pretty
rough year recently.
Somedays it's...
All I can do to...
Hang on and hold my head up high.
So I can see the damn sails without
getting my head knocked off, but...
I'm here.
Again.
Still.
Graditute's always
been really hard.
But I want to say thanks.
I won't be here without you.
Call me, as soon as you land.
Yeah.
And, don't forget
you're starting over.
Every single day.
One fucking day at a time.
Yeah...
Okay...
You're an asshole.
Did you figure it out yet?
The great and the special?
I'm still working on it.
Oh.
Maybe that's it. Maybe...
I never give up.
That's not nothing.
Is this my room?
Yeah.
I have a rainbow room
in daddy's house.
Well, now you have
one at my house too.
A fish.
Hi boy.
I'm gonna name you Rainbow.
Is that okay?