Broadchurch (2013) s02e03 Episode Script

Previously on Broadchurch - Joseph Michael Miller, how do you plead? - Not guilty.
No! DS Miller attacked the defendant.
We can't afford to lose this confession.
I am minded to exclude the confession from evidence.
Members of the jury, you are to disregard it entirely.
There were two girls.
Lisa Newbery, 19, was baby-sitting for her 12-year-old cousin, Pippa.
Pippa's parents went away for the night to a friend's wedding.
They came back the next day and both girls were gone.
Our main suspect was a man called Lee Ashworth.
- Lee's my husband.
- Claire needs to meet Ashworth.
Let it go.
And then the families never get truth, they never get justice.
It was like I was addicted to him.
Like he was my drug.
Miller, what the hell are you doing? - God's sake - If he walks because of you Claire! Hey! Did you see a man and woman come through just now? No, mate.
What are you doing? Checking the cameras.
Ashworth found them and turned them off.
- You were out front! Why didn't you see them? - I had Beth to deal with.
What is the point of you? Give me your keys.
- What? - Car keys! Now! You're not supposed to drive.
What are you gonna do? I'm gonna look for them because you didn't do what we agreed.
Keys! No, this is not my fault.
Don't put this on me.
I am sick of everyone putting their shit on me and I'm not responsible for it.
I'm sick to the back teeth of taking flak for stuff I haven't done! Fine.
You have the keys.
I hope you bloody well crash.
And have a heart attack while you're crashing! Think, think, think.
Where would you take her? Where would you go? Beth, what you doing? Ellie, do not come near me.
Have you phoned Mark? I haven't got my mobile, I ran out cos of you.
Look, I'll call him.
Just take it slow.
Were you having contractions before your waters broke? Get off me! Been having them for days on and off.
Midwife kept saying they were Braxton Hicks.
- He's on voicemail.
- Course he bloody is.
I'll call Lucy.
Maybe she can drive you to the hospital.
I'm not going to the hospital.
I'm having a home birth.
- What are you doing that for? - Will you just go away! Look, you stupid cow, I'm trying to help you! You can't even walk.
Now, lean on me.
- I don't want you here.
- Well, tough shit.
The defendant's confession excluded, the defence impugning the integrity of the police investigation.
- Are we worried? - Are you worried, Ben? Yes, a bit.
Then don't be.
We make our case steadily and thoroughly.
We do not get buffeted by daily winds.
No, I just Well, I wondered if we might recalibrate our strategy, is all.
We have facts on our side.
Family, forensics, postmortem, communications, eyewitnesses.
All strong, all good.
Do we still call Ellie Miller as a witness, given what she did to her husband? We still have DI Hardy's evidence to complete.
I'll decide after that.
Question is, will they call DS Miller for the prosecution? Her credibility's damaged with the beating.
If it were me, I'd limit the damage by not using her.
Whereas we want her in the box so we can take a run at her.
Yes, we do.
We should be able to argue for it being as she's on the back of the indictment.
I worked out some thoughts I thought you might like to use on her.
It's fine.
I'll figure it out.
Sure, but I've already done the work.
- So you might as well read what I've done.
- Abby, I'll do my own prep.
Course.
Right, yeah, good.
Can you make your own way to the court in the morning? I've got an appointment first thing.
I'll see you there.
Aargh! Aargh! Mum? Mum! - Chloe? - Mum, you OK? - Help me get your mum into the pool.
- Chlo, I don't want her here.
Get her out.
Oh, shut up.
Claire! Claire! Where is she? Argh! Where is who? You bugged us.
Where's Claire? What have you done with her? We're not suspects.
We're not prisoners.
Get off him! - You all right? - Course she's all right.
- I want you out.
- Or you'll what, call the police? Out now! You don't set how long I spend with my wife.
Got it? Now, I will tell you everything that you missed at Sandbrook when you stop pissing me about.
I'll call you, babe.
What the hell are you doing? Argh! All right.
They're every 40 seconds apart now.
You're doing ever so well.
I'll go.
I need the gas and air.
- Midwife's here.
- Thank god for that.
It's coming again.
Breathe into it.
- Why the hell did you go with him? - Because I was terrified.
I haven't seen him in a year and a half and I did what he told me to do.
- You should have called me.
- Yeah.
"Hang on, Lee, love.
- I'll just give Alec a ring.
Tell him where I am.
" - So you jumped out of a window? We ran across a few gardens and flagged down the first taxi we saw.
You brought him here? The one place he doesn't know about.
I had no choice.
You put cameras in there without telling me.
I wanted to know what he would say.
You don't trust me to tell you the truth, then? No? - You want to talk about truth? Yeah? - Mm-hm.
What's this? Dunno.
Yeah? Don't lie to me, Claire.
It's a bluebell.
It was sent to me like that toan old post office box I used to use, when I did mail-order hairdressing products.
I - Who sent it? - I don't know.
What does it mean? Why did you keep it? So you'd have something to find when sneaking through my cupboards.
- Get out.
I don't want to talk to you.
Get out.
- Claire.
If there's anything you've not told me, about what happened with you and Lee or at Sandbrook now's the time.
What have you done? What have you done? I have told you everything.
Get out.
Just try slowing your breathing down a bit, Beth.
- You can go.
- It's all right.
I'll wait with you.
- Did you phone your dad? - Yeah, no answer.
Will she be all right? Yeah, she'll be fine.
This is what it's like, it just takes a while.
Did you really not know? About Joe and Danny? No.
I'd have done something.
How do you live with it? Don't have a choice.
Like any of us.
Where have you been? Chloe, what are you doing up? What are you doing here? Oh, bloody hell.
- Where have you been? - I'm here, I'm here.
Take my hand.
OK, well, at least she's safe.
What you gonna do now? I don't know.
Claire wouldn't talk to me.
I'm gonna need you to talk to her.
That can wait.
Beth's just had her baby.
Little girl.
Oh, that's nice.
Tell 'emcongratulations.
Yeah.
- I'll see you at the court.
- Yeah, OK.
Hello, baby sis.
Well done, Mum.
You all right? I will be till the Pethidine wears off.
Congratulations, Beth.
- Get that woman out of my house.
- Beth.
- Mum.
- Now.
- Sorry, Ell.
- Do not apologise.
It's fine.
I'm happy for you.
I'm going to court today even if it means I'm closed up on painkillers.
Hello.
Hello Hello.
What's your name gonna be? I'm your dad.
I am.
Aren't you beautiful? You are very welcome here, my love.
We're gonna look after you.
We're gonna take such good care of you, you know.
Such good care.
And you are gonna be so loved.
So, so loved.
You are.
You are.
We'll get it right this time.
Hello.
I won't follow you.
I won't come to the house.
I won'tmake things difficult.
But when you need me I'll be here.
They're asking for further disclosure on the arrest records and they're going back through witness statements.
Then we'll be able to see whether there are grounds for an appeal.
- Right.
- You've got to stay positive about this.
I've got six more years in here.
How do I stay positive? How's the food? Are you serious? How's your trial going? So far so good.
It's early days.
Oh, I've got to go.
I've got a long drive back and I'm due in court.
I'm so sorry I can't stay longer.
- I love you.
- I love you, too, Mum.
- You stay strong.
- Yeah.
Don't worry about me.
OK.
I'll come again as soon as I can.
Yeah? OK.
Miss Knight.
I hoped I'd catch you.
It's your bill.
It's still in arrears.
Quite large arrears.
- Look, I'm in the middle of a case.
- Absolutely.
But if you could see your way to getting up to date with the We'd hate for her to lose her place.
- How do you think she's doing? - Oh.
She's no bother, no bother at all.
Let me know how you'd like to settle.
- We're off to court.
- Who's up today? More police evidence.
- You're clear on those classified rates? - Mag, I am loving this job.
Don't we make a great team? Eh? Your paper's safe in my hands.
Oh, customer.
Morning.
- What can we do you for? - See you, Mum.
- I er - Off, go on.
Drive safely.
I'd erI'd like to place a small ad, please.
- Maintenance services.
- Yeah, course.
You have a seat.
Maybe you could help me with something.
I've just moved into the area.
Where's the police station from here? - You all right? - Yeah.
Ssh, ssh.
How do you think they're getting on in there, eh? Is that the phone the defendant was holding on the day you arrested him? Yes.
It belonged to Danny Latimer.
Danny had two phones.
This one was given to him by Mr Miller.
What did you discover from the call history on that phone? Only one number had ever called or sent texts to Danny's phone.
A mobile number belonging to Mr Miller.
When you took possession of Mr Miller's computer, did you find further evidence of communication between the defendant and Danny Latimer? We found an email account under a false name.
Only used to send emails to Danny.
You're being handed an exhibit.
Exhibit MJC735 from your jury bundles.
Could you confirm that these are printouts of the emails sent from this account? I can.
And would you read the email sent to Danny Latimer on the 29th of May? "Great seeing you last night.
Sorry things aren't going well at home.
Wanna meet again Thursday? It can stay between us.
“ And on the 25th of June, from Danny to the defendant? "Why does nobody understand me like you do? Have a great holiday.
I'll miss you.
" Thank you.
And the transcript of 16 May, please.
"I know your dad will be sorry for hitting you.
You can talk to me any time.
" What evidence do you have to prove that Mr Miller was using his phone at the time the calls and messages were sent? They were sent from his private number.
Someone else could have picked up the phone and used it.
We believe it was Mr Miller.
You believe rather than you are able to prove? Phone mast records have placed the phone at Mr Miller's house.
The computer with the email account used to correspond with Danny, was that a private computer? It was Mr Miller's home computer.
It was the family computer, wasn't it? - Yes.
- Was it password protected? No, but we believe that Mr Miller was the main user of the computer.
But not the sole user because it was the family computer.
Accessible to anyone who lived in or visited the house.
Well, I doubt the baby used it.
I'm not keen on sarcasm, DI Hardy.
- Stick to the facts, please.
- Of course, my lady.
Mr Miller's wife, DS Ellie Miller, an investigating officer, also had access to the computer long before it was seized, didn't she? - Yes, but - So anyone living in that house including Mr Miller's wife, your colleague, would have been able to use the computer right up until the time of Mr Miller's arrest.
Yes or no? Yes.
Thank you.
Those barristers, who are they? They've never done anything of worth.
They just stand there sniping.
- What's been going on? - The system stinks.
This is how people like Ashworth get let off, while decent people get treated like shit, having aspersions cast on them.
Aspersions about who? Tell me.
- I can't.
Not till you've given evidence.
- Shut up, then.
You're making me nervous.
I need you to be Claire's best friend now.
Otherwise Ashworth will work his way back in.
is he contacting her, or she him? Are you listening to me? Bob.
What are you doing here? I didn't know they called you in.
I'm not here for that.
There's been an allegation made against you, sir.
For harassment, from a Lee Ashworth.
Said you imprisoned, illegally recorded and physically attacked him.
You're gonna need to come with me.
- I can't believe you're making me do this.
- It's this or internal affairs.
It's a fraught time for everyone at the moment.
So I wanna see if we can't work this one out.
He took me to a house, recorded me in private, then when I left he tracked me down and attacked me.
- You attacked me.
- See? This is what he's like.
What have you got to say for yourself? I'm under a lot of pressure currently.
With the court case.
I should not have done what I did.
OK.
- Say sorry.
- What? Saysorry.
- I'm sorry.
- What's that? I'm sorry.
I apologise for any error of judgment.
Right.
So we'll say no more about this.
- Are you coming? - I'm gonna walk.
Suit yourself.
What do you want? I know we messed up but how can you say you need protecting and then run off with him? I know.
I should have been stronger.
I'm sorry.
How are you doing? I've been sat around the court these last few days not knowing if they're gonna call me or not.
I got my child-minder to agree to have Fred for the night.
Got a bit of a crush on each other at the moment.
And I thought, I just wanna get hammered.
What do you think? I brought slightly posh biscuits.
I thought you'd get loads of flowers.
Oh, look at her.
She's beautiful.
- Do you want a beer, mate? - No, I'm fine.
Hello.
Any names yet? Elizabeth.
Lizzie.
For Mum.
- Welcome to the world, Lizzie.
- What you doing? No.
- I was just welcoming - Mark.
No, mate, no.
God's not in this house.
Surely that's clear by now.
- I don't agree.
- It's nothing against you.
Just keep that bit separate.
- It can't be.
It isn't.
- It is for me.
There you go.
- Thanks.
- Whoo.
I haven't been out drinking in Weymouth for years.
Like a teenager.
- Tell me about court.
- Oh, I have to sit there waiting.
I'm not allowed to be told what's happening until I've given my evidence.
So I keep looking at people's faces trying to read clues.
I just keep thinking of Joe, my husband sitting there in the dock.
It's just It's a nightmare and it won't stop.
I'm so sorry.
Was it always Joe? Or did you ever have a thing for someone else? There was this bloke at work once.
Years back.
I really fancied him.
No, it wasn't that.
I really wanted to marry him.
I just knew first time we met - bam! - really strong.
- So why didn't you? - He was ten years older than me.
- Already had a wife and kids.
- Did you ever tell him? No.
I nearly told him at his leaving do.
But I thought, what's the point? Funny thing, though, as he was leaving that night, last thing he did he turned round and looked at me and he gave me this smile.
You know, all the people in there and he turned and he looked at me.
I think about that quite a lot now.
Why didn't you do something? Just what happens, isn't it? Life sweeps by, and before you know what's going on, it's too late.
I need the loo.
Sorry.
- Hey.
- Hey.
Um Two blokes eyeing us up over my left shoulder.
- No.
- Mm-hm.
- Oh, my god, you're right.
- Which one do you prefer? - No, I can't.
I've never done that before.
- Hey.
Ellie, listen.
The world is screwing you over right now.
You owe yourself something.
When was the last time you had sex? We've got nothing more to say.
I've got plenty to tell you.
Notes, interviews, people's movements on that night.
I knew you'd never want to clear my name, sol started working on it myself.
- Talking to people.
- And they spoke to you? Well, I told 'em I was you.
- What? - Yeah.
I know what it's like to be you now.
Suspicious all the time.
Huh.
Must reallyeat away at you.
Especially when you're wrong.
I should charge you with impersonating a police officer.
Go on, then.
Ricky and David Gillespie.
Dads of the two girls.
Two dads, two brothers.
You barely even looked at them.
- We did.
- Not far enough.
Lisa told me Ricky made a move on her when he was driving her home after baby-sitting.
Made a pass at his niece? What about this guy seen hanging around the estate? - Never even proved he existed.
- It was reported by four separate women.
None of this is new.
Why would I kill a 12-year-old girl? Why was her pendant found in your vehicle? We used to give her a lift to school, as a favour to Cate.
So it must have come off then.
She was wearing it the day she died.
- You missed things.
- You need to go.
Go on.
- Get out.
- Look at that stuff.
Look at the Gillespies.
Look at that bloke hanging around the estate.
- Why did you send Claire a bluebell? - What? How would I do that from France? Do bluebells even grow in France? Are we really doing this? I don't think I can do it.
I drank much more than I meant to.
Ooh.
Get off.
- Can we get rid of them? - Huh? Where are we gonna go, anyway? My flat's too tiny and miles away.
We can go to mine.
Here we go, here's one.
Taxi over here, mate! Jocelyn, please, tell me you're not ringing with more requests.
I'm only just getting through this pile of documents you left me.
You can't seriously expect me to read all of these onto audio files for you in time for tomorrow.
It's already way past midnight.
Some of us are only just going home.
If you'd done it all during the day I wouldn't need to call.
I got through as much as I could.
I need audio summaries of personnel records for Ellie Miller.
- Right.
- What she said in her police interview as well as the DPS reports into her.
- Right, OK.
- Did you interview her colleagues? - Yes.
- What did they say? I'll get the files.
Does this mean we're gonna call her? Why don't I have all the photos of Joe Miller's injuries? Oh, damn.
Jocelyn? Can you hear me? Hello? Jocelyn? Oh, yeah.
Oh, god.
Say you love me.
Have the garage pick up the car for me in the morning.
We need to take you to hospital.
You might have whiplash.
- I'm fine.
- What happened? I'm fine.
- Hi.
- Hey.
- He's just gone.
- Lucky.
Mine's still snoring.
Here you are.
Feeling better? No, it just sobered me up.
Claire, what happened that night? I don't know.
Claire.
Lee drugged me.
He used to have that stuff Rohypnol.
Got a little bottle off someone.
And that night he drugged me and I woke up halfway through the night.
- That isn't what you told the police.
- No.
I can just feel myself being pulled back into him, now that he's back, Ellie.
Claire, tell me the truth.
Where were you both the night those girls disappeared? He drugged me.
I woke up at 5am and he was cleaning.
He was cleaning the whole house.
Your point is, counsel? Mrs Miller is the defendant's wife and, as such, can't be compelled to give evidence.
The Crown will not be calling her, my lady.
She's also one of the key investigating officers.
I think the jury deserve to hear what she has to say.
Given my lady has excluded the confession, how can the jury be expected to separate Mrs Miller's evidence as a wife from that as a police officer? My rule is to always trust the jury.
They're usually pretty smart.
- Rohypnol? Definitely said Rohypnol? - Yeah.
She woke up to see him cleaning.
- She never said any of that before.
- Why are you being such a fuckwit about this? - Sorry? - She was next door.
She had access.
Her story's inconsistent.
This woman you've been protecting, she's a suspect.
- I know.
- What? You told me you'd been protecting her.
I was keeping her safe so she didn't abscond.
How long have you thought this, and why didn't you tell me? I needed to know I wasn't going mad.
I wanted someone to look at it objectively.
- For God's sake.
- Uh-oh, Miller.
This could be you.
You're going to be called.
- Right.
OK.
I've done it before.
- Not like this.
Stay calm, stick to the facts.
Don't get drawn into anything else.
- Don't get emotional.
- I know.
Take the book in your right hand.
And read from the card.
I swear by Almighty God that the evidence I shall give shall be the truth, the whole truth and nothing but the truth.
Police Constable 516, Ellie Miller, attached to Exeter Police Traffic Division.
Formerly Detective Sergeant attached to Broadchurch CID.
How long have you been married to the defendant, PC Miller? - 12 years.
- You have two children, correct? Yes, Tom, who's 13 and huge and Fred, who's nearly two.
Was it a mutual decision to have children? I was probably keener but Joe went along with it.
What sort of relationship did you have with your husband? Erm Good.
I went to work and he looked after the kids.
I loved him.
How would you describe your relationship with Mark and Beth Latimer? We were good friends.
Beth and I were in the same NCT group.
We had Sunday lunches together.
Our boys, Danny and Tom, were best friends.
How curious was your husband about how the investigation was proceeding? Er On the day Danny's body was found, he asked if we knew who did it.
Was he interested in forensic evidence? When we found the crime scene he wanted to know what we'd discovered.
And had he demonstrated any interest in forensic evidence prior to this case? He knew a bit about it because of his job as a paramedic.
Erm He'd been called to a few crime scenes.
He knew how evidence was gathered and what made it easy or difficult.
Have you had any contact with Mr Miller since the day of his arrest? No.
Did you at any time suspect that your husband was involved in the killing of Danny? I didn't.
No.
I wish I had.
Why did you attack him, your husband, in the interview room after his arrest? Because the man I trusted most in the world had killed the son of our best friend.
So you attacked him not as a policewoman attacking a suspect but as a wife confronting her husband? Yes.
The police had nothing to do with it.
It was about him and me.
Thank you, PC Miller.
I understand how difficult this must be for you.
It is.
It's horrific.
How was your sex life, PC Miller? I don't know.
Normal.
How would you describe yours? Not frequent enough, to be honest.
But I'm not in the box.
Quite, Miss Bishop.
Did you engage in S&M? Bondage? Torture fantasies? Violent role play? No, nothing like that.
- Did your husband use pornography? - No.
Apart from one time his mate gave him a DVD.
We watched it together and we mostly laughed through it.
- Did it involve children? - No.
- Gay pornography? - No.
Did he show a predilection for images of children? Not to my knowledge.
Did you either as a wife or a police officer ever discover images of children in your husband's possession? No.
Nowwould you say that you were a good police officer? - I get the job done.
- I think you're being modest.
Until recently, you'd been on a rather strong career path, hadn't you? I did my best.
And yet as a police officer, you didn't detect any suspicious behaviour from your husband? - None.
- You didn't spot any such behaviours because your husband didn't kill Danny, did he? He did kill Danny.
He's not the person I thought he was.
Are you talking as a wife or as a police officer now? Both.
Did you take a sleeping pill on the night of Danny Latimer's death? Yes, I get terrible jet lag.
I have them prescribed.
You didn't wake up until the next morning, is that correct? That's right.
So as far as you were concerned the next morninghe'd been there all night.
That's what I thought at the time and it turns out not to have been true.
Joe knew I'd taken the pills.
He must have planned to meet Danny accordingly.
Do you actually know of such a plan? - No.
- Then, please stick to the facts, PC Miller.
When did you and DI Hardy first start having an affair? - What? - ls the affair ongoing? Can I remind you that you are on oath.
- No, we've never had an affair.
- Again.
Can I remind you, PC Miller, that you are on oath.
My lady, where is the evidence? Coming to that now, my lady.
You won't find any cos it never happened.
The night of your husband's arrest, where were you? We'd gone to a hotel because we had to leave our house.
I'd left my kids with my sister cos I went to see Beth, Mrs Latimer.
Why? - I felt I needed to.
- And then what did you do? Where did you go, PC Miller? I went to see DI Hardy.
Where? Where did you go to see DI Hardy? - At the Traders Hotel.
- In his hotel room? - Yes.
- Were you alone? - Yes.
- How long were you there for? - I don't know.
- Well, according to CCTV, you entered the hotel around 11:37pm.
And left just after a quarter to two.
Over two hours.
What did you and DI Hardy do alone in his hotel room for two hours, on the night that he'd arrested and you'd beaten up the defendant, your husband? - We talked.
- You talked.
You left your two children on the night that their father was arrested for well over two hours, to go and see DI Hardy in a hotel to talk? I needed to make sense of what had happened.
You colluded that night to frame the defendant, your husband, to get him out of the way, because you were having an affair with DI Hardy, didn't you? Is this how you think you're gonna win? By twisting the truth and distorting all our lives? And isn't it the case that this investigation missed key opportunities and failed to examine leads because it was compromised by your personal liaisons with DI Hardy? And together you've put an innocent man in the dock.
No, totally untrue.
You've got no evidence for this.
I am not the guilty one here.
I'm not! Thank you, PC Miller.
And if you take my hand Please pull me from the dark And show me hope again We'll run side by side No secrets left to hide Sheltered from the pain