Dear Murderer (2017) s01e04 Episode Script

1 You know the trouble with your line of work? - What? - Morality and justice.
They're not always on the same side of the coin.
The bra-burners are gonna be out in force now.
I have been divorced once and betrayed twice.
I wish you well, though.
- I really do.
- Go and have a holiday.
I don't need a fucking re Aah! Aah.
Aah.
I'd say he's having a heart attack.
This whole thing is like a metaphor for your life.
Never mind the women who get hurt or fucked over, just as long as justice and Bungay prevail! Mighty Mike The Cock of the Court! The only advice I can give you is just get out, you know.
Stop it! Stop it! And you may win as many verdicts as you like, but, in the end, what does it all amount to if you destroy everything you need in the process? Well, I think that there's going to be a blowup in the line-outs soon because there's been a lot of obstruction going on there.
Coming in very low over Eden Park.
And you can see the flour bombs landing very close That's it! Yeah, take that, South Africa! Bloody brilliant! - Oh! - Someone's gonna get hurt! Smoke bombs, flares Yes! Loud and clear! Stop apartheid! Oh, my God! The New Zealand player Gary Knight - was struck by a flour bomb.
- Bloody brilliant! I told you.
Sorry to interrupt there, but I saw that happen.
Six months?! I'd have given him six years.
Oh, ease up.
He was just exercising his right to protest.
No, no.
He was exercising his right to nearly kill one of the best props the game's ever seen.
I'm surprised he didn't ask you to defend him, Mike.
Well, he had reputation to consider.
The price of fame, Mike, price of fame.
But flour bombers aside, gentlemen, we have a case to plan for.
A landmark case One crime, 14 accused.
Potential for huge precedents.
So, what about these other rugby players? Yeah, let's fuck him up, boys! Whoo! Fuck, yeah! Let's go! Fuck! Whoo-hoo-hoo! Whoo-hoo! Get him out.
Get him out.
Get him out.
Come on, boys! Let's go! Well, we know Jim will be going for murder, so it'll be common purpose, right? Where two or more persons form a common intention, each is a party to an offense by the others.
- So they're all guilty - - of everything that happened.
- But every one of them's entitled to have his case considered separately.
Damn right.
I mean, Matthews, one of my guys, he denies even being there.
I'm concerned about your Stewart Puha fellow Who saw the beating.
Why? He's not naming names.
Maybe he won't have to.
because everybody who went there was a party to a common purpose and to every offense committed.
There are families to be considered here.
You know, kids.
Seems to me that we need a common purpose of our own.
'Cause, if the Crown can get any one of our guys to admit to targeting Epps, then they're all sunk.
Not if the Epps assault exceeded the initial purpose.
Yeah, sure.
But look.
For murder, the Crown need to prove four things, okay? Identity, killing An unlawful act and intent to kill.
Yes.
We do know.
Thanks, Mike.
Which needs to be proved against each of them.
Okay? So our clients need to stick together, and we need to agree that none of us tries to save the ass of any single person at the expense of the others.
Right? Okay, fine, Mike.
But our clients are all single.
You had 10 the last time I looked.
Can you make guarantees that they'll all stick to a strategy? Well, I bloody hope so.
I'd be more certain if we were defending the gang against killing one of their lot.
- Why? - Oh, gang loyalty.
They're a much closer-knit bunch.
For them, the gang's a surrogate family.
"Whanau.
" This rugby team Sorry, Mike League team well, they're a much less bonded group.
But who knows? Maybe they will put themselves first for the sake of their families.
They are still mates, though.
They're gonna have to stick together.
Well, all of my lot, including Matthews and Puhoi, well, they're telling me that the only aim was to trash the house.
They didn't even know that Epps was gonna be around that day.
He wasn't a target.
It wasn't a plan.
It wasn't murder.
They beat a man to death! No one knows who struck the fatal blow.
It was mayhem.
Yeah, mayhem that they initiated! In response to several brawls in the pub and one of their teammates getting beaten up Yes! Acts initiated by the gang.
Our guys just went there because they wanted - to teach 'em a lesson.
- Yeah, and a man died.
Yeah, but that wasn't their intention, you know.
Murder requires intent.
I'm not shouting at her.
Stupid dog.
Why is he on your side, anyway? He's my dog.
Yeah, not anymore.
Eh, Bruno? Traitorous beast.
Look, the third test, you know? If that flour bag had killed Gary Knight, I could've got Max Young off on any murder charge, because his intention was to protest to stop the fucking game, not kill a bloody All Black.
It's obvious.
I don't know how you live with yourself.
I don't know how I live with you.
You live with me because this dog and I are the only bloody family that you've got! But you want to know what the big question is, Mike? The really big question is, why the fuck do I live with you? Because unlike you, I already had a life Professional and personal.
And neither of them have benefited from this, believe me.
Underground Airways.
Like a great big wooden hand descending through the ceiling.
Deus ex machina.
Pokes me right behind the ear.
A little reminder of our frailty.
You lost me.
"The only family you've got," she says.
And then the phone rings.
Underground Airways.
It's not actually the only family I have, Bruce.
I've got two daughters, and I've got two sisters in England Maureen, the God-botherer; Christine.
Maureen, as it turns out, has rung with news of a death.
My younger brother Geoffrey the physician who couldn't, apparently, heal himself.
Oh God.
I'm I'm sorry, Mike.
Do you need to go over there, or Oh, Christ, no.
Then I'd have to see them.
And besides, I doubt that the court will consider a delay on the Epps matter.
And I've got the book to work on.
The book? He's writing a book.
- God help us.
- Oh.
"Bungay on Murder.
" Catchy, eh? Suitably succinct, yes.
Brian Edwards is helping me.
Trials.
Analysis.
Socio-legal stuff.
It was his idea, actually.
Told from my perspective.
Turning out well? Well, I could murder him sometimes.
But then Judy would probably murder me.
And who'd defend her? Let's go see what this Puhoi has to say.
Puha.
Yeah, sorry.
Of course.
Okay, Stewart, look.
It's important we're clear about the details of the statement you gave to the police on the 17th.
You said, by the time you got outside, you saw the van rolling down the hill? Yeah.
I got a whack in at the old window, though, eh? Then you ran after it.
Followed four or five other guys.
- Yep.
- Who? And then you say in your statement Yeah, on Brown Street, eh? I saw 'em go to the right.
I followed, saw 'em in a bunch, in with the boots, cuz.
But you never saw them chasing anyone.
And you never saw anyone get out of the van.
You sure? Never even saw the guy on the ground.
Just sort of guessed they were goin' at somebody.
Come on, boys! Let's go! And you still didn't know who assaulted Lester Epps? Said so, didn't I? But me? Nah, bro.
I didn't touch him.
Remarkable, really.
They were all there, but none of them attacked Epps.
Well, it's not up to us to prove who didn't do it, Brian.
It's up to the Crown to prove who did.
And if they can do that, they'll take them all down.
Mike.
Brian.
Long day.
Jury selection It's a work of art, Jim.
Yes.
31 rejections.
That's the Sistine Chapel.
Well, you rejected seven.
Lucky number.
I'll be back.
- Stuart! - Mike.
Jim! How's sunny Napier? How's Sally? Sally? Sally is as Sally always is A martyr to my excesses.
Are we gonna bury this, or what? I'm just down for some hearings.
I'll be heading back to "sunny" Napier in a couple of days.
I've been appointed to the bench.
Ah, right.
Well a sensible voice on High.
Let's have a drink.
Celebrate, eh? How's that book coming on? Excellent! But the soup is thick.
It'll take a fair bit of straining.
And stirring, too, I bet.
He's writing a bloody book.
The mind boggles.
Brian, four more Johnnies, eh? To toast His Honor here.
Yeah, I heard, Jim.
Congratulations.
Mike Bungay.
Bob.
How's it going? Oh, downhill.
Muldoon has his way, we'll all be broke in six months.
Time to do something.
Don't tell me you're getting into politics? Why not? I hear you're getting into books.
Yeah, and we'll both be about as bloody successful.
She knows where I'll find them.
You'll never amount to nothing.
Don't you hurt him! You can't even read or write proper! Was the victim, Lester Epps, known to the police? Yes.
He was well known to the police as head of the Wellington chapter.
What sort of organization is this group? Uh, a loose-knit gang of Maori youths.
Order! Troublesome in any way, are they? "Troublesome" would be a reasonable word.
We need to show the jury that these guys are dangerous And known for their violence? Yes.
Some of them have been responsible for violent incidents in Wellington, yes.
and our clients had every reason to want to teach them a lesson.
But that's all.
Yeah, me and Bobby went there a bit before to try and reason with them, but they weren't having it, eh? We see you on the street, we're gonna fuck you up.
- Fuck you.
C'mon, Stewie.
- So tried walking away.
And suddenly, a bunch of blokes rushed him.
What was the nature of the attack? They punched him, kicked him in the head and the body.
So, a cowardly attack, then? Yep.
Yes, sir, it was.
So weapons tomorrow, then? Knife-at-a-gunfight scenario, yep.
There's medical evidence, and then we got to work hard Oh, shit.
So.
We're, uh What was it again? Oh.
"Cowardly"? "Troublesome"? And violent.
And despicable.
Yeah.
Well, you know what that means, don't you? My round? Bro.
It is funny, seeing you on the other side this time, goin' our lot.
Going you lot is part and parcel of defending them.
Yeah, but what's so great about them? They're just a fuckin' team.
A few jerseys and a ball.
We got this.
And balls, plural.
You know what our patch says? Family.
They got families, too, Matt.
And they don't want their families going to jail.
Well, who knows? Might just all blow up in their faces.
And yours.
Well, we might have a few more jobs coming up.
Couple of problems.
Well.
My door's always open.
Oh, yeah? Well, that's good.
Thought you might be cutting us out there.
Didn't see you at the tangi.
For Lester Epps? A sign of respect? Woulda been nice.
Yeah, and hypocritical.
I didn't respect him.
I'll represent you in court, Matt.
Have a drink with you, even.
But I don't condone a lot of what you do.
Oh, yeah.
That's right.
You got your own family, eh? The fuckin' brotherhood of the law.
Yep.
An often-dysfunctional one, yeah.
Yeah, well I wouldn't swap with you, man.
At least I can trust my family.
When did you get home? Uh about an hour or so ago.
I didn't wake you.
I thought The book? No, the trial.
Lives on the line, Sal.
Innocent wives, kids.
Fuck.
'Cause we're no blows.
- Come marching in - Yeah! The fuck?! It's a fuckin' fizzer! Trying to scare you men.
- Fuck! - Fuck! It dropped him.
Really did blow up in their faces, didn't it? Well, we've got our own style of justice.
They got theirs.
Which, in this instance, helps our case.
'Cause, hopefully, none of our guys are gonna give the Crown a thing on who attacked your mate Epps.
I took a statement from Mr.
Morrison on August the 17th.
I wasn't there.
At Brown Street.
Well, that's funny.
Your mates in the club say you were.
Nah.
They're just blaming me as to shift the pressure onto someone else, is all.
I brought in Mr.
Finau One of the people who was telling the truth.
And what transpired? Well, he suggested to Mr.
Morrison that others had told us everything.
So he might as well do the same.
A few of the fellas chased the guy who got out of the van.
I saw four or five of 'em catch up to him.
- Who? - Les, Vai, Stewie Objection, Your Honor.
Objection! This statement is, at best, unreliable.
At worst, self-serving and a downright lie.
Mike, the police statement was in your brief of evidence.
Presented to Mr.
Stacey.
Not to me.
- I shared all my information.
- Oh, for Christ's sake.
I've got 10 clients to deal with.
I've got masses of information to go through.
Which may be why you missed this disclosure.
We agreed to inform each other I shared it! You missed it! Surprise! 10 clients at once, books on the go, and God knows what else! You think you're bloody Superman, Mike.
Well, you're not.
All right? Morrison lied to the police in the first instance.
Who's to say he's not lying about these names? Your Honor, it's admissible.
Well, thank you, Mr.
Larsen.
I am aware of your position.
And? Reference in Mr.
Morrison's statement to the accused himself and his part in the matter is evidence against him.
But references to the part played by others are not admissible.
The jury will disregard them.
Calm down.
You made a mistake.
But it's been ruled inadmissible anyway.
Inadmissible evidence is like a pimple on the end of your nose.
People try not to look at it, but, hey, it's there.
And it's full of pus.
Bungay.
Your Honor.
This explosion at the jail.
It wouldn't have had anything to do with you sharing a tipple with members of a certain gang, would it? They're marvelous headlines.
Manufacturing them would see you disbarred.
You'd love that, wouldn't you? Nothing could make me happier.
Is that you're stirring things up with the police and the D.
L.
S.
? None of the people that I "shared a tipple with" have been called as witnesses.
None of them is part of any brief of evidence.
And I have no knowledge of anything that happened at the jail.
This is not a competition between barristers or an attempt to put the blame on someone else.
The Crown's allegation that this was a planned murder is plain nonsense and an insult to your intelligence.
My client admits to breaking the windows on the van with Epps in it.
But he did not go in the house or assault anyone.
It was not known that Epps would be there.
He didn't live there.
Mr.
Bungay.
Your Honor.
Well.
Clearly, someone delivered the fatal blow that killed Mr.
Epps.
What you must decide is, who is responsible for that killing? It was a planned attack, and the weapons were formidable and used viciously.
The gang had an arsenal of weapons and a propensity for dealing violently with people.
The only sensible thing for the accused to do was to equip themselves with something capable of being used in self-defense.
It was not a spontaneous, spur-of-the-moment affair.
The chase after Epps was neither intended, nor foreseen.
It was carefully planned, with the object of isolating those in the gang house and then attacking Lester Epps.
But the Crown must prove that the killing was known to be a likely consequence of going to Brown Street.
Any of the accused who realized what was afoot and still went along, albeit reluctantly, they're still guilty.
Gang pressure is no excuse.
In an ordered society, everyone is entitled to the benefit of the law, even if they themselves break the law.
Now, those who actually participated in the beating of Mr.
Epps could be guilty of murder.
There is little doubt that several of the accused were involved, and you would do well to consider the matter substantially on the basis of common purpose.
On the count of murder, we, the jury find all 14 accused not guilty.
Order! Order! On the count of manslaughter, - we find all 14 accused guilty.
- What the Bullshit! Order.
Order.
I will have order in this courtroom.
We won.
Good for us.
Yeah, we did.
Despite the fuckup.
Believe me, in a case like this, manslaughter is a victory.
And don't you bloody forget it.
Thanks so much.
Oh, that's nice.
- Congratulations.
- Thank you.
The judiciary bloodhounds will be all over it, looking for trouble.
I look forward to reading this.
I look forward to you reading it.
I hope it lives up to expectations.
But I don't know what to expect.
Well, I hope it lives up to that, then.
So, which bits are yours? Oh, the good bits.
Brian wrote the boring bits.
- opposite sides of the law doesn't mean - we can't be friends.
- And you didn't edit them out? More fool you.
Touché.
- Mike.
- Jim.
You made it down.
Wouldn't miss it.
- Sally not here? - Bruno and I split up.
He got custody.
- Ah.
- No, she's happier with him.
And vice versa, apparently.
You saw the writing on the wall, didn't you? Just the inside of the cover will do for this.
I hope they made you pay for it.
I got a small discount.
I heard you and Ian split up, as well.
Yeah.
Nothing acrimonious.
I just felt it was time for me to get my own chambers.
Leave young Bruce to flex his muscles.
It seemed like a good time.
Or a good time for the superstar to flex his? Don't make me punch you again.
- Mike.
- Bob! - How are you? - Quite an occasion.
Even higher profile now, haven't you? Now you can really help me keep the bastards honest.
What are we talking about? Oh, Bob's got me running for Parliament.
Don't worry.
You're safe.
No possibility of me getting in.
So why run? Oh, sell more books.
Fame.
Piss off some of my colleagues.
All of the above.
You know? What do you think? Labour got more votes but less seats last time.
Maybe the New Zealand Party can help swing that around.
Yeah, right.
So what are we? Left or right wing? Have we got a date, Prime Minister? Uh, we've got a date The 14th of July which we've worked out at Government House as being the appropriate date.
That doesn't give you much time to run up to an election, Prime Minister.
Doesn't get my opponents much time to run up to an election, does it? 'Cause the house dissolves tomorrow, doesn't it? Shit.
Maybe I should pull out.
What? You're my celebrity candidate! - Why would you pull out? - Because there's no time.
Because I need to keep my eye on the ball, Bob.
I almost dropped it during the Epps case.
- Oh, rubbish.
- Because of this! Look, I'm a target.
David Minnitt gets early release, the bra-burners are on my case again, my book's causing a stir I mean, maybe my celebrity is turning out to be more of a liability.
You're not pulling out, Mike.
Play this right, you might just win this seat.
- I might? - Polling says you can do it.
Yes, we certainly do support the Labour Party's stance on a nuclear-free Pacific I think.
Yes, madam? What's the New Zealand Party policy on women? Well, madam, you've already heard - our policy on the military.
- Have we? We've decided to reduce the military to a frazzle.
Then what we're planning to do is put barbed wire around the perimeter of the Waiouru Camp and pop a woman into each bed, and then the men who work the hardest at maintaining peace Well, they get to visit the camp most often.
You're joking! Shut up! Shut up! Good on ya, Mike.
You're a shoo-in, mate.
Won one, lost several hundred.
Now let's see how I poll.
Don't you walk away Don't you walk away, now Lonely at the top? Don't you walk away Thank you for the question.
You look a bit solitary.
Which is odd, in a room full of people who all came here expressly to hear you speak.
Ronda.
Morgan.
Mike.
Bungay.
- You know that, though.
- Yes, I do.
Saying hello is an act of courage for me.
I'm usually very shy.
Well, we should dance, then.
Can you? I think you just shot yourself in the foot, didn't you? Only politically.
We'll manage.
You know, shyness is self-indulgent.
Generally means that you're thinking more of yourself than the other person.
Surprise.
You're good at this, too.
- Too?! - Oh, come on.
You can't expect me to be unaware of your profile.
I've had a little bit of luck.
Professionally.
- Not personally? - Oh.
My self-sabotage isn't entirely restricted to politics.
Hopefully one day, that'll change.
- I'm walking on my own - Ooh, ooh, ahh I keep thinking over and over Of what I've done to make you leave me - Don't walk away - Don't you walk away I still can't work out how your numbers took such a dive.
Well, possibly the feminists.
Lack of policy on women.
Possibly.
We did manage to undermine the Muldoon vote.
Still, there's no justice.
Oh, I hope there is.
Otherwise, I'm out of this job, too.
Jesus Christ, Mike.
Oh.
Sorry.
What's that all about? A different kind of loss, Bob.
Despair.
She said, "I think I've killed my baby.
" "Come quick.
" I said, "Call the hospital.
" And she said, "I can't.
Come quick.
Come quick.
" When your daughter-in-law first rang do you recognize her voice? No.
Not immediately, no.
It was some appreciable time before you recognized her voice? I suppose so.
And do you remember her saying, "I've nearly killed my baby," suggesting that she thought the child was still alive? Yes.
And what about at the house, when you were there? She was completely hypnotic.
Oh, my God.
She was covered in blood.
- What have you done? - Don't take my baby.
- Don't take my baby.
- Um, I just I have to, Pam.
I'll just I took the baby from her and started to give him resuscitation mouth to mouth.
She didn't move an inch.
She just kept on It's all right, baby.
It's all right.
In your experience what kind of mother was your daughter-in-law? She She was a good mother.
She loved the kid.
Looked after the house well.
A good mother.
What was your first impression when she was brought into the courtroom? I'm ashamed to say now my initial thought was "I've never seen a murderer before.
" Hm.
I'm so glad I ran into you the other day.
Literally.
- Oh! Oh, watch where you - Oh, so - Oh, it's you! - It's you! You are a menace.
Oh, I'm a menace in a hurry.
Hey, do you wanna go for a coffee? Sure.
But if you're in a hurry Not anymore.
What about the meter? Won't you get a ticket? Oh, I'm starting a collection.
I'm glad I accepted your offer.
To attend the trial.
It's fascinating.
And moving.
Do you think having a female associate will help? Ah.
You've spotted my strategy.
One shared by the Crown.
A bit cynical, perhaps, but every little bit helps.
And the dissociation defense? Will work, I hope.
But you'll see Our psychiatrists will say one thing, theirs will say something else entirely.
Hopefully ours will be more persuasive.
For her sake.
She knew she was at the hospital, but she didn't know how she got there.
And what about her injuries? She couldn't account for the bandages on her wrists.
She didn't know how they came to be there.
Give him back my baby! Give me him! Where is he? Where's my baby? Where is he? He's dead.
I tried, but he's dead.
And when she arrived at the hospital, was my client aware of her surroundings? Her awareness was grossly diminished.
She appeared to be unaware that she'd killed her son, certainly.
She asked on several occasions where he was.
And what conclusion did you come to about her condition? Well, Dr.
Marks, the hospital's consulting psychiatrist, and I both concluded she was in a state of dissociation.
And what does that mean? She was unaware of what she'd done in the preceding hours.
The shock and remorse would've been devastating.
A retreat into an almost-catatonic state would not be out of the ordinary.
Similar to a dissociative condition? Yes.
And would remorse have been the reason why the accused tried to take her own life? Yes, I would say that would be the obvious conclusion to draw, yes.
Which would indicate an awareness of what she'd done.
Yes.
I suppose so.
But you cannot categorically rule out - dissociation, can you, Doctor? - No.
Since I've only had access to the case notes.
I wasn't in attendance.
Nevertheless, you are an expert, so let me ask you some questions about the condition itself.
Is a person in a state of dissociation capable of purposeful action? Such as? - Dressing.
- Yes.
- Eating? - Yes.
Killing a child? Yes.
I suppose so.
And if one is totally dissociated, but acting purposefully, this is called um automatism, is not it? Yes.
It is.
Thank you, Doctor.
No further questions.
The poor woman.
So, you're not still thinking, "I've never seen a murderer before"? I don't know what she is.
Other than lost.
Completely lost.
Perhaps that's why it's fascinating.
Life's cruelty.
I have a feeling that, even if you win she's written her own sentence.
She's gonna be more lost, more alone, than ever she was before.
I have a feeling you might be right.
Not a crowded room in sight.
You can be lonely in all sorts of circumstances, I suppose.
Do you feel she deserves our compassion? Yes, I do.
Do you? Well, unfortunately, Ronda, there's compassion, and then there's the letter of the law.
We'll see which one prevails.
Ladies and gentlemen.
The first day that you walked into this court, you may well have looked at Pamela Arnold as she stood in the dock and thought, "I've never seen a murderer before.
" I sincerely hope you didn't because what you should have thought is "There stands an innocent woman.
" I have heard no evidence in this court as yet to convince me that she's guilty of any crime whatsoever.
Pamela Arnold was a good mother, a good wife, a good housekeeper.
A solo mother, a broken marriage, a history of drinking and neglect A good person.
But on September the 8th, she stabbed her child several times.
And she killed that child.
There is no argument that the circumstances upon which you have to pass judgment are very distressing.
But you have to reach your decision objectively and clinically.
The psychiatric evidence is that the accused was not either in the insane or the automatism categories.
And if automatism is ruled out as a defense on the evidence of the experts, then the harder question for you to decide, the jury, is whether it was murder or manslaughter.
There was absolutely no motive for Pamela Arnold to take the life of her only child, the one thing that she loved.
She destroyed the one thing that she loved.
And then she decided to take her own life, indicating an awareness of what she had done.
The question is, can the Crown eliminate the possibility that Pamela Arnold was totally dissociated at the time she killed her child? Now, Dr.
Marks couldn't rule out that possibility.
Dr.
Bridge, for the Crown, couldn't exclude it.
And if it cannot be excluded, then automatism as a defense succeeds, and you must find Pamela Arnold not guilty of both murder and manslaughter.
Ah, Your Honors-es.
Drink? - Look at you.
- Hmm? You're a disgrace.
I'm commiserating with myself.
I wonder, Michael, if you've given any consideration to making some kind of apology to Sir Richard Wild's family about the remarks you made in your book.
No.
I was simply expressing an opinion.
I don't think I need to apologize.
His family might not agree.
Nor would many of your peers.
Well, they're entitled to their opinions, too.
What was that about? The brotherhood of the law.
Daggers being sharpened.
Now.
What I was talking to you about before You know her.
What do you think of her? - Ronda? - Mm.
Come on, Mike.
She's married.
- Hi! - With a family.
Kids.
And dogs.
I'm talking about her brain, Brian.
Wit.
Intelligence.
That kind of thing.
Yeah, sure.
Forget it.
Hi, honey.
So.
Will you appeal the Pam Arnold verdict? Yeah.
Of course.
I'll appeal, all right.
I never give up.
Not on anything.