The Divide (2014) s01e03 Episode Script

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How much of a chance is there? Well, the DA's not going to release you based on Jared's statement alone.
We need more.
You guys were tried separately, so we just want to go over Jared's trial with you.
Tell us anything you can.
Larry, let me ask you something.
Nobody knows how this works better than you.
In your opinion, and I know it's just an opinion, what is the more likely scenario given that you've tested the same sample, that there was an error in the original DNA test or that the report was compromised after the results came in? Larry, let me call you back in about an hour.
Okay? Thanks.
Hi.
Are we too early? No, you're right on time.
Have a seat.
You need to look at this.
What is it? You said in your testimony that you knew Jared, but weren't friendly.
I mean, yeah, he was a guy around the neighborhood.
You know, older.
- Was kind of a joke.
- Why? From what I heard, Jared always wanted to get in with the Kielbasa Posse gang, but they never took him seriously.
So the Butler house was under renovations the spring before and Jared Bankowski was on the crew? Yeah, my dad's construction company had the job.
He hired Jared.
Didn't like him much, but it was a favor.
- A favor to who? - Ida.
- Ida Bankowski? - Yeah, she was Dad's accountant.
That's not possible.
They're wrong.
I saw him.
I know.
Jared Bankowski was in the house, but the man who attacked your mom are you sure that was Jared? - You saw his face? - You don't believe me.
I believe everything you believe, but, sweetheart, something's not right here.
Did you or your dad know any of these Kielbasa Posse guys? No, no, my father would have thrown me out of the house if I had.
I mean, he wanted to anyway just because of Emily.
Your father knew about you and Emily? Yeah, he he walked in on us once in my room.
No, he's dead.
It's over.
I don't have to do this anymore.
I'm of age now.
I've been thinking I might move away.
I can do what I want now.
Jenny, when's the last time you spoke with Dr.
Patterson? You've been having those episodes again, haven't you? They're worse when I'm with him.
He makes me remember.
- I can't do that.
- I know it's hard.
But until you can really face what happened, you're never gonna have any kind of life for yourself no matter where you are.
Look, man, come on.
You're asking the wrong questions, all right? I mean, how come you never ask me if I know who did it? Huh? I mean, you're sitting here for 11 years, you drive yourself crazy trying to figure it out.
And then suddenly it just clicks, right? Who was it? Scumbag drug addict.
You know, he hated Emily being with me.
But we were best friends.
But, you know, you're never gonna get him.
It's just not gonna happen.
They got people in here.
They got people everywhere, I know it.
Forget it.
Why? It's a possible suspect.
You know what? He's not stable and even he knows there's no proof.
- We'll get proof.
- Can you shut up a minute? Come here.
Yeah, just come over here.
Now, look, I know you think you're the smartest person in the room, and I can respect that because I think I am, too, but you've got to listen to what I'm saying.
Number one, you cannot, may not, will not go after any member of the Zale family in this city like some Olsen twin with a magnifying glass.
Do you know who Eric Zale's father is? Stanley Zale.
That's why we should move.
The press will be all over this.
What Oliver Stone movie are you living in? He is the richest conservative in the state.
Do you know what happens when people like us go after men like him without legal protection or proof? We wind up covered in lye with no teeth and no fingerprints.
Or worse, you know, they just shut us down and take away our funds.
Terry did get that part right.
He deserves to be released, Clark.
That's what I'm saying.
You will hurt his chances of being released.
To do this right, we have to take the time.
This is when the law works.
If you want to help, go study for your bar exam.
- I study at night.
- You're here at night.
I don't want to be your mother.
I offered you my study group and you said no, and that's fine, but I don't have to remind you that if you don't pass the bar this time, you won't be able to take it again till after your father's final hearing with the board of pardons.
You've done an extraordinary thing here with Bankowski.
We are working on Terry's release.
There's nothing for you to do right now.
Take a breath, focus on the bar.
Hang out with your boyfriend.
But unless you want to join the study group, don't come back to this office till after the exam.
Um - Clark.
- Christine.
Why didn't Ida Bankowski claim her son's body? Ida's gone.
I contacted her about a possible civil lawsuit.
- And what'd she say? - How much? And then she told me to call her back and when I did, her phone was disconnected.
Maddy found out through a realtor her house is up for sale.
Ida Bankowski is nowhere to be found.
Your Honor, my clients are a not-for-profit organization called Food 4 Philly, providing food and shelter to the homeless and shut-ins of our city.
They received a 60-day petition to provide certain infrastructure upgrades on their properties or they'd be forced into receivership.
Mr.
Zale offered a donation commitment of $250,000, which would have fully covered the renovation expenses.
He made personal assurances that his donation was forthcoming.
At the 11th hour, Mr.
Zale decided to renege on his donation offer.
Food 4 Philly was forced to sell their properties at a loss to Boydon Industries, which, it has now been discovered, is a subsidiary company owned by the Zale Collective.
It is our belief that Mr.
Zale committed real estate fraud, manipulating the organization to lose their properties at the 11th hour so he could buy them at cost.
City property inspectors reported that the building owned by Food 4 Philly had substandard electrical systems and three nonfunctioning bathrooms for over four months.
There's also a history of mismanagement of funds.
And, look, I applaud everything you've done and accomplished.
But at the same time, if you're gonna provide a service for the underprivileged, it requires solid business acumen and organizational skills, not just good intentions.
These people without jobs, without homes, they count on you, and if you cannot provide an organization that they can rely on, then you're actually part of the problem.
Stanley Zale did this just so he could buy the property.
You deny that? The only thing Mr.
Zale is guilty of is losing confidence in a nonprofit organization that has proven its inability to manage its funds.
So instead of suing him, you may want to sue your attorney for not doing his due diligence on Mr.
Zale's subsidiary companies.
Hey.
I know who got to you.
We have names.
I'm gonna have a meeting.
We're gonna decide what to do.
You have to be there.
When we strike back, you have to be right at the front.
We got to send them a message that they do not touch you again.
Ray, listen to me.
There's a chance I might get released.
Okay? It's gonna take some time, but there's a chance and I just don't want to screw it up.
All right? Are you crazy? This is your life we're talking about here.
The only time in here is today.
You're gonna bet your life on some girl who's not even a lawyer that tells you you have a chance? That's bullshit.
You got to start paying attention to what's what right now or you're gonna die.
Now you have to stand with us the way you used to.
The way you took on Roberto Diaz.
You remember that? I don't like to see you get played, but you have to see things the way they are.
Honestly, you think they're ever gonna let you walk out of here? - Hi.
Mrs.
Kucik? - Yes.
I'm Christine Rosa.
I'm with the Innocence Initiative.
We're working on your son's case.
Oh, really? - Oh, uh, come in.
- Thank you.
My shoes are wet.
I don't want to mess up your floor.
Oh, it's all right.
Come in.
- Okay, thanks.
- Right.
Would you like a cup of coffee? Oh, no.
No, I'm fine, thank you.
- Okay, come on.
- Okay.
Terry, he didn't mention anything about his case being reopened.
You've spoken to Terry? I see him every week.
I was wondering if your husband was at home.
Rosa.
Is that Italian? Polish.
My father.
My mother's family is English/German.
Ah, English, German, Polish.
You're like a world war.
I have some questions.
I just want to know what's going on first.
Right, sorry.
There's a chance that we might be able to get Terry released and retried.
Why? What happened? We have reason to believe there were errors made.
But the girl identified him.
Yes, but what the witness saw and what she remembered is also being called into question.
So a man is identified, spends 11 years in prison, and he's not guilty? I don't believe it.
It happens, Mr.
Kucik.
More often than you think.
So what are these questions? The crew that you had working on the Butler house, do you remember who you hired? Yeah, yeah.
I told this stuff already.
Jared Bankowski was on the crew.
He was lousy, but he showed up.
And did you change the crew during the renovation? - Sure.
- Is there any record of all the men you hired for that job? No, that's all gone when I lost the business.
Nobody hires a construction company to build a house when the owner's son kills the people that move in, right? Your son is innocent.
They found his what do you call it inside that dead girl's body.
It's all because of that girl.
Did you know Loretta Strauss, Jared's girlfriend? No.
I did.
Well, not her.
I knew her mother.
We worked together.
I did hear that Loretta came home, as a matter of fact.
No one's supposed to know, but they say that she thought maybe there would be a funeral for Jared.
Do you know if there will be? Next case Robert Mercer.
Um, here, Your Honor.
Second DUI offense.
One-year license suspension has expired.
Spent 30 days in jail and paid a $3,500 fine.
Are we here to reinstate his license? Uh, yes.
That's the intention.
I'm sorry.
Is your client in the courtroom? I'm representing my brother, Your Honor.
He was supposed to meet me here and I don't know what happened.
My apologies.
I have a full docket.
You'll have to reschedule.
Next case.
Whoo.
It is a mess out there today.
How you feeling, old man? Oh, man, it snuck up on me.
Got the shivers and couldn't get back to sleep.
- Yeah? - Mmm.
Let me feel you.
Yeah, you're a little warm.
I can't believe you didn't have any medicine in the house.
When was the last time you saw me sick? I wouldn't know what to buy anyway.
- Your mother did all that.
- Try that.
, is it? No.
This is for daytime.
This is for nighttime.
It'll knock you right out.
Oh, that's nasty.
I bought some soup.
Have you eaten anything? Don't got much of an appetite.
Don't you have to be at work? You don't need to be here for me.
I'm on my lunch break.
I can spend a little time with you.
Boy, your mother would smack you into next week if she saw you eating in here without a bowl.
Hmm.
So, have you decided what you're gonna do? - About what? About Bankowski? - Mmm.
I'm not gonna lie.
That DNA report knocked me on my ass.
The man was guilty.
Not of killing Frances Butler, he wasn't.
- Not according to science.
- Science.
They think they're gonna use it to protect the innocent, but all it does is give the guilty another way out.
Now I'm hearing we got different DNA in different parts of our body.
It's called multiple Multiple genomes.
It's just hypothetical now.
Till they change their mind again.
They think they got it all figured out, then they realize they don't know shit.
Well, I'm unofficially having all the DNA retested from both trials.
Even the rape kit.
What the hell for? Bankowski's dead.
Well, there's still Terry Kucik.
Son, you're a DA.
You're not the public defender.
It's over.
Leave it alone.
All right.
All right.
I didn't come over here to raise your temperature.
Man.
Is that Mama? Yeah, but she's not in there yet.
You want me to put her in? No.
I should do that.
Yeah.
- What's happening? - Hey! - The COs is coming.
- I'm out of here, man.
Move.
Move.
You heard me.
Back up.
Oh, shit.
Go! Everybody out! No.
No.
How did you find out? Terry called me.
He called he has your cell phone number? - Yeah, why, is that against the rules? - Yeah, that is.
We have to do something to get him out now.
- They're gonna kill him.
- Something like what? I know where Loretta Strauss is.
Who where is she? Celia said she snuck into town.
- Who's Celia? - Terry's mother.
I met with his parents.
His father is a real piece of work.
Explains why they never called him to testify.
What is that? This is a tiny Xanax.
Now, I told you not to come back to this office unless it was for the study group and I meant it.
"Tukka Yoot's Riddim" playing Let's go.
- Christine, come on.
- All right.
All right.
Critics and cynics complain that it's a fallacy Claiming rap music has a lack of musicality Hey, Uncle Bobby.
What's up, man? - Trey! - Oh, man.
Oh, my brother, it's cold.
My ass feels like two cubes.
Look at you, little big man.
All grown up since the last I saw you.
How you like my suit? Sharp, huh? It's a good look, man.
You look good.
Man, style never leaves.
Once you got it, you got it.
I can wear a paper bag and start a trend.
Anything to eat in the house? - Yeah, I got grub.
- Look at how big you got, man.
- How many girls you slapping it with? - I lost count.
You remember how you do this, Jenny? Good.
So close your eyes.
Breathe in.
And out.
Breathe in.
And out.
Remember that day.
Tell me what you're doing.
I was home from school with the flu.
No, don't tell me what happened.
Tell me what you're doing.
I see.
I hear.
I'm standing.
I'm walking.
I hear a noise.
A loud noise.
I hear voices.
My mother, my father.
Other voices.
Other people.
Footsteps down the stairs.
Keep going.
What did you do then? I'm getting out of bed.
I'm walking to the door.
I'm reaching for the doorknob.
I open the door.
I stop.
I'm afraid.
I hear voices.
I'm looking downstairs.
I see them run by.
I'm hiding.
And where are you? I'm hiding in the linen closet.
I hear fighting.
I hear my mother crying.
Something falls.
Someone.
I'm looking through the door.
I see What do you see? My mother crawling.
Blood.
Sneakers.
White sneakers.
His legs over her, going for her.
Can you see his face? No.
His legs, his white sneakers.
Mom crawls.
He follows her.
I hear her scream.
I'm running down the stairs.
I'm hiding behind the couch.
I don't hear anything.
Then I hear footsteps coming down the stairs.
He sits on the couch.
I see his legs.
His white sneakers with red on them.
I look away.
I'm looking through the window.
I see What do you see? I see Emily walking to the house buttoning her shirt.
I want to yell to her.
I'm scared.
I hear the door open.
I hear Emily scream.
Okay, breathe, Jenny.
Breathe.
Now we're coming to the part where you usually stop.
I want you to try to stay where you are.
Try to go past this moment.
Jared Bankowski.
I see him looking into the kitchen where my sister he sees me.
He's gonna hurt me.
He's gonna hurt me.
I see him move towards me.
I hear a sound from the kitchen.
He hears it, too.
I hear Emily scream.
And then nothing.
I don't hear anything.
I see him.
He stops.
He wants me to be quiet.
He wants me to stay where I am.
He wants me to hide.
He's scared.
He doesn't want to hurt me.
He was warning me.
He was trying to help me.
I don't want to interrupt.
Please, interrupt.
Beer? How's it going? How did you know I was home? Clark called me.
We're both firing you until after the exam.
It's a conspiracy.
He's a good guy and he cares about you.
I like him.
You think he likes older women? Clark is an older woman.
You can't handle downstairs all by yourself.
Oh, my God.
In this weather? I'm lucky if I get my regulars.
You have no table to eat on.
I'll eat in bed.
Hey, Danny told me he's visiting your father and he wants to talk to me afterwards.
Are you okay with that? Yeah, sure.
Come down if you need a break.
- But you are not working.
- Mm-hmm.
I feel like you're undressing me with your eyes.
Don't get smart.
I'm still her father.
Sorry.
Look, I just wanted to meet you and see if there's anything I can do to help.
How would I know that? That's a good point.
So I've been looking through the old police reports.
Are they accurate? What do they say? It says you had Christine for the weekend.
Visitation.
She was staying with you in Huntingdon Valley.
Yeah.
Maxine's family has a house there.
It says Christine went to sleep between 9:00 and 10:00.
It says you left the house at around 11:30 and drove to Mitchell Wexler's home in Gladwyne, about a 35 to 40-minute drive.
Wexler and your ex-wife were going to be married the following weekend, but your ex was with her family in Washington Crossing in Bucks County.
Then the report says that you parked your car a quarter of a mile from the house, broke in through a patio French door, went into Wexler's bedroom, and you beat him to death in his sleep with a stainless steel Rillington pick hammer purchased three weeks earlier according to Huntingdon Valley Hardware Store records.
Yeah.
Well, I heard all that at the trial.
My first question is did you do it? So they come into the club and they're wearing these tight numbers with nothing underneath.
I tell you, boy, they drop something, bend over, oh! Jenny, let's sit in here for a minute.
There ain't nothing like putting your face in a big pile of blackberry jam.
Blackberry jam 'cause it's good, God damn Blackberry jam, man, it's Hey, little sis.
I've been having quite a time with little big man here.
- What are you doing? - What? Hey, you gonna stay awhile? No, I got to work.
But I'm gonna come upstairs and say good night before I go.
All right, man, make sure you do.
Uh-huh.
Work? What work? I'm a bouncer at one of them clubs that the young'uns know about.
It moves around all the time.
No sign.
I got a friend who does security for 'em, so - Where were you this morning, Bobby? - What? You had a hearing that you didn't show up for.
I left you a note and a suit to wear.
And I left messages on your cell phone all week.
Oh, see, now my cell phone's dead.
It fell in the toilet.
And I didn't get no note.
All right, well, when I dropped off the suit, I dropped off the note, and clearly you got the suit.
- So what are you saying to me? - Sis, calm down.
Bobby, you are wasting my time.
And I'm tired of bailing you out.
And I don't like you showing up at my house, doing whatever the hell you want to do when you want to do it with my son here.
Oh, now, your son has an uncle he never gets to see.
- Whose fault is that? - I don't know.
Why don't you tell me? Whose fault is it? I'm doing better.
I'm working.
I just came by to say thank you for the suit.
And I think I look great in it.
Yes, you look great in the suit, but you didn't show up.
But I look good in the suit.
I mean, look at it.
Pow! You actually look like Daddy.
Now you know you don't remember Dad.
Oh, yes, I do.
I remember Daddy.
He liked a nice suit.
Are you really working tonight? Hand to God.
You swear on those three beers? With my tolerance, drinking beer is like drinking chamomile tea.
It has a calming effect.
It's time for you to go, Bobby.
I need to start dinner and I got people here.
I'll leave by the back way.
See, I didn't say it like that.
So I won't disturb nobody.
Tell the boy I said good-bye.
It's cold.
I never remembered that before.
I don't know what to think.
I Jenny, I want to explain something to you and I need you to really listen to me.
Jared Bankowski didn't want to hurt you, no.
But he didn't do anything to stop what happened.
He was there and he did nothing.
He broke into your house with someone who attacked your family and he let it happen.
You did nothing wrong.
What about the other one? Do you remember seeing his face in the house? I'm not sure what I remember anymore.
Where did Billie find that? It's yours.
I like it.
It's all broken in.
- Where's Billie? - She's driving Trey to school, - then off to work.
- Are you going to work? Yeah, but I wanted to ask you a few questions first if you're up to it.
No, it's okay.
I want to talk about it now.
It's weird, but since yesterday, all I want to do is talk about it.
Do you remember being taken to the police station? I remember a detective taking me by the hand to this room where there was just a table and two chairs, a metal table, and these other detectives brought these big books of photographs.
You weren't arrested? I mean, you weren't charged with anything? No.
They told me I had to come down to the station and answer some questions.
They sat me on this bench.
I sat there for, like, I don't know, three or four hours.
Nobody came to get me.
Nobody asked me anything.
I looked through all the books for a long time and then the detective asked me if I wanted a soda or something.
You know, take a break.
Had you identified anyone yet? No.
So the detective takes me to where they had these soda and candy machines.
At one point this detective brought Jenny Butler over to get something.
Did Jenny know about you and her sister? Had she ever seen you with her? No, Emily said she didn't say anything.
But, you know, I'm not sure.
So we go back to this room and the detective said, "Why don't we start from the beginning?" And we go through all the books again.
So he opens the first book we went through and on the first page was a picture of Terry Kucik.
Did you see his picture the first time? I must have, but I guess I didn't register it.
And then this cop came along and told me that I had to stand in a lineup.
And you weren't told that you'd been brought in on any specific offense? - No.
- The next thing I remember, I'm identifying him in a lineup behind one of those one-way mirrors.
Look, you got to move this along.
I'm not gonna last much longer in here.
- You know what it sounds like, don't you? - I'm the son of a cop.
I know exactly what it sounds like.
It doesn't mean it's true.
But it made you feel the ID was possibly manipulated? I don't know what to think.
There are too many questions I can't answer.
And you know how I get when I can't answer questions.
Look, I'm not convinced Terry Kucik's innocent.
I've still got his semen inside Emily Butler.
But I'm going to retest every DNA sample, especially now that Jenny is remembering things a little more clearly.
Thank you.
Yep.
I I don't know if you heard, but Terry was attacked recently and the other day his friend was murdered.
Some Aryan shithead, yeah.
I'm not saying he was a nice guy and I don't know about Terry's whole Brotherhood thing, but ever since Jenny's press conference, there's been a price on his head.
The kid is in real danger.
If we kept this under the radar, out of the press, would you consider releasing him with a home detention agreement pending a retrial? Let me think about it.
Thank you.
Mm-hmm.
Hello.
Hi.
I'm I know who you are.
Come in.
Come in, it's cold out there.
No school today.
It was so cold, they cancelled classes.
Can I get you anything? We redid the place.
Must look different to you.
I like it.
- Hey.
- Hey.
Your mom here, too? No, just me.
What are you doing? Just hanging out.
I won't tell Mom.
What? Look, just wash your hands, brush your teeth, and don't wear that blanket around her.
She's like a bloodhound.
She'll smell it on you.
How you been? Hmm.
It's the way people look at me sometimes.
It's like if you were in some terrible accident and they put all these bandages on you and people would be able to see where you were broken.
They'd write their names on your cast and stuff and when you got better, the cast and bandages would come off and you'd be yourself again.
When people look at me, all they see is someone who will always be broken up inside.
I don't see that.
No? What do you see? I see I see a woman in a cold storm who's still filled with love and strength and is warm.
So next to you as I take a seat, I'm gonna sit back while I bask in the heat.
The heat coming from the words that you speak.
You're the furthest thing from weak.
I see the pain that you own, but don't want to keep.
I see it's a heart like yours that everybody seeks.
Your tolerance for pain is something I have yet to gain.
I don't know what to say.
Bad things happen to good people and that's just a part of the game.
'Cause you could prove it and nobody knows how you do it.
'Cause we don't get over some things, but I see you get through it.
So don't lose it.
Don't weep.
Let's just bask in the heat.
Come here.
"Misty Blue" playing Oh, it's been a long, long time It looks like I'd get you off my mind But I can't Just the thought of you Babe, just the thought of you Turns my whole world a misty blue Just the mention, just the mention of your name Yeah Hey.
Can't sleep? No.
Well, do you want company or you want to be left alone? No, I don't want to be left alone.
Today was a crazy day, right? Yeah.
You think she's right about Jared? Yeah, I do.
Especially now.
Why? I had the rape kit from the Butler case retested.
Terry Kucik's DNA came back positive.
Okay, so he was guilty.
No, see I don't know.
There was another semen sample found in Emily Butler that doesn't match Terry Kucik or Jared Bankowski.
But it does match the DNA under Frances Butler's fingernails.
Wait a minute.
Are you saying there was a third person? There's a chance I never brought the killer to trial.
All right, well Billie I have to tell you something and it's gonna change things between us.
Just to think of you The thought of you turns my whole world Misty, misty blue.