Criminal Justice (2008) s02e05 Episode Script
Season 2, Episode 5
- What does Jack say he did? - He raped me.
- He didn't? - I didn't say no.
So my question is Can we say the "A" word here? Are we aiming for adoption, or are we all too shy to say it? - Running Man? - Who? - Get off me! - The Running Man on the canal.
Why does he have your money in his trouser pocket? I gave it to him.
From a hole in the wall, the lunchtime before.
There's CCTV footage.
Can you get it for me? Which version is it? - They can't both be true.
- Stop.
Mum Mummy.
How often do you get that in a jury trial? By the way, you did it beautifully.
If that's a word you can use about cross examining a traumatised 13-year-old.
You can.
You have to be able to say that, or you're not a proper lawyer.
What would you be? We need to go downstairs.
You said you'd be gentle.
- She was.
- Did you see her shivering? When you agreed to run provocation I said there would be consequences.
Dealing with those and understanding why they're a good thing, that's responsibility.
Something that was sucked out of your life by that man.
Ella calling out for you like she did It's so helpful.
The jury liked it, you mean? Helpful that they saw my daughter shaking like and made to feel like a liar - Sorry.
- It's OK.
I was on my own all the time in that house.
I just want to Is this all right? Everything works.
Cupboards open at just a touch.
Drawers slide in and out very quietly.
There's no noise, no mess.
When we had people over, everyone would say what a lovely house we had and Joe would say it was all down to me.
"Actually, it's all down to the wife," with his tongue in his cheek and everyone would laugh.
But it wasn't.
It was him.
He wanted everything white and clean and it was all glass.
You could see round corners, you could see through walls.
There was no room without walls where you could just be It was glass.
No colour, no sun Sorry.
I'm sorry What do you want to say about the house? I hate it! What's happening to me? You're talking.
He could see everything.
He knew everything I did.
That night what were you worried that Joe would find out? I went out and I didn't tell him.
Kate's been saying she wants to go to court.
- I told her no.
- Why didn't you tell me? I've dealt with it.
She's not doing well at school.
She's fine.
It's just that she's trying to support her friend and "More effort.
Unfocused.
Not the usual Kate.
" If you won't believe me, believe them.
What do you want me to do? Kick her out? "Sorry.
I know you're going through the most traumatic experience "a child could go through, "but Kate's getting too many bad grades, so you'll have to go?" Life has to go on.
All the normal things don't just stop because of Ella.
Or your bloody Juliet.
You know what stopped me from going mad? - How do you know? - You said you did it for her.
I thought I'd lose her.
Is that still going to happen? What about my baby? We have to get you off on the murder, and then it's just the manslaughter you're sentenced for.
You said probation was possible.
You have to know that a custodial sentence 18 months.
- What? - That's how long babies can be in the prison, then if the sentence is any longer, I'll lose her.
I miss Ella.
Not hugging your child, it's It's been a long time.
In the police station they were going to let me see her.
They? One of the policemen.
What happened? He broke his promise.
When did he tell you could see Ella? After you'd left.
Before the second interview.
I was present when she was charged with the attempted murder of her husband.
What was her reaction? She asked if she could clean her teeth.
Anything else you noticed about her demeanour? Earlier there was a lot of blood on her - her husband's blood - and she was very anxious about her nightie.
Her nightie? What about it? It was on the wrong way round.
And she didn't like it like that.
It was very important to her that it be the right way round.
What were you doing just before seven o'clock that morning? I was in the canteen writing my notes.
You were nowhere near the canteen.
You were down in the cells telling Juliet Miller she could see her daughter if she gave you a second interview.
And it was made very clear to her what you wanted her to say in that second interview.
No, never happened.
So, if we were to ask Ella, about you setting up a chance encounter between mother and daughter in the cell area, to soften up an already deeply distressed woman, it would be amazing if she came down on her mother's side.
It didn't happen.
Are you saying the defendant is lying about this? There's no other explanation I can see.
Unless of course it's true.
You stopped thinking the moment Juliet Miller arrived at the police station.
You never countenanced the possibility this woman could be a victim of abuse, because that's not how you ever think.
Actually, it's all we do think about.
Domestic violence is right at the front of our heads, - so I think it's - Then you'll know that abused women present as cold and matter of fact when suffering from traumatic shock.
I'm fine-tuned to spot a victim of abuse.
I'm telling you, Juliet Miller is not what you think she is.
- He's lying.
- Yeah, and we can prove it, if Felix lets us recall Ella which will be hard for Juliet.
- So it'd better be her decision.
- Yes.
Are you all right? Yeah.
Fine.
Why? I'm fine-tuned to spot a victim of a classy performance in the witness box.
Put Ella on stand by for recall.
Only standby? I don't want her to be here any longer than she needs to be.
Or you haven't had instructions from Mum yet? The Bible or affirming? The Bible.
Is it right, that the Drug Squad were carrying out a surveillance operation on the Regent's Canal, between January and March? And do you have the surveillance log with you? Can you look at the entry for March the ninth.
You're not looking at it.
I know what it says.
Is there reference to someone labelled RM in the log? - Yes.
- Who is that? That's Joe Miller.
Running Man.
And, is there reference to someone labelled "J" in the log? Who is that? A drug dealer working the canal.
And is there contact between RM and J on March the ninth? 3:47pm.
The log says RM stopped and talked to J and something was passed between them.
Is it right that £620 in twenty pound notes was found in the pocket of Joe Miller the night he was stabbed? - Yes.
- Is there a point to this, Miss Klein? Or are you just throwing mud around? Thank you, your honour, for your guidance.
We will return to this with another witness.
Were you in the police station at 6:55am on the morning of March the tenth? - Yes.
- Did you see DI Sexton? - Yes.
- What did you have to eat? - I'm sorry? - Well, Sexton tells us he was in the canteen between 6:30 and 7:30, writing up his notes.
That's where you must have seen him at 6:55.
It must have been.
I don't need to remind you that you are still under oath.
No.
You don't.
- I lost an hour for you.
- I know.
Thank you.
- You made me lie on oath.
- It wasn't me.
- Of course it was you.
- I had to corroborate your lie.
It's your choice.
You could have gone either way.
Us and them, whether you like it or not.
When it comes right down to it, on oath, you're one of us.
I was upstairs in the bedroom with Joe.
I went downstairs.
I took a knife from the kitchen.
I came back upstairs with it.
What did you intend to do with the knife? Use it.
Now, would you please help the jury by telling us about the tone of the defendant in interview? Matter of fact.
Thank you.
Have you discussed your evidence with your husband? All police officers do it and then they pretend they haven't.
So when did you first discuss the investigation with your husband? Well, we were together at the station on the first night.
And did you see him around 7:00am the following morning? Where? In the cell area.
6:55 am.
You're able to be very precise.
My life is full of shifts and notebooks, you know Time matters.
I'm never wrong about it.
Anyone who suggested that your husband was in the canteen at this precise moment would be a liar? My mum has this expression.
Pants on fire.
Meaning liar? Yeah.
Exactly.
Brilliant.
Police officers can tell lies.
It always helps for a jury to remember that.
The question is why Jane Grady is grassing up Juliet on the rape? What's in it for her? Where are you going? - One thing solicitors always do wrong.
- What's that? We spend our lives reacting to evidence and not enough time gathering our own.
Lying doesn't bother you, then? What percentage of defendants who stand trial are guilty? As in, they did it? 90%? Maybe more? Any brief out there off the record, they'd agree with that.
- Does lying bother you? - How many get off? - That's what I need to know.
- At least half.
You know what? I'm not really going to feel that bad about playing the game hard.
But you are playing God.
So if you'd have known what the party line was would you have lied? Would you? You lied, sir.
Why? Because he doesn't deserve to lose his career over this.
He's a good police officer, doing his job.
Doesn't make him a good man, though, does it? Are you all right? I'm all right.
Quite pregnant.
But I'm fine.
You haven't told him.
Why not? Because I don't want to.
Are you tired? Let's go home, eh? Come on.
I'm not coming home.
- How do you know? - I went to her house.
She never said anything about a child.
Did you ask? - What did she say? - No - She would say that, wouldn't she? - How old is she? Twelve, thirteen.
She said she wasn't raped by her husband.
She couldn't have been more clearer.
Are you a liar? Why? Did you tell the defendant that you have no children? Is that true? So you denied yourself any contact with your daughter whilst you were on remand? Yes, six months.
If she had visited the authorities would have found out.
Well, you must have missed her a great deal? Yeah, I did.
After six months it must havebeen unbearable for you.
So you gave a statement to the police about Juliet Miller and two days later you were released on bail.
You'd do anything for your daughter, wouldn't you? I would.
Lying to the police about a prisoner must have come very easily.
I'm telling the truth.
She knows it.
Ask her.
Joe was the truest, best, most decent human being I ever met, and I can't stand it that he is dead, and I will not stand by and have his name taken in vain.
What was he doing with £620 in his pocket this day? - I gave it to him.
- You usually carry that kind of money? Between you and me, and thesewalls, yes.
One of the notes found has fingerprints on it belonging to a known drug dealer.
Is that what you're trying to pin on Joe? His daughter is outside.
Bring her in here.
Put it to me, in front of her that her father was involved in drugs.
What's the matter, darling? You ain't got the balls? - It's what you do, isn't it? - What? Avoid answering by asking back.
- You want me to answer? - Yes, please.
I gave him the six hundred and when it's stopped being an exhibit it will be going to the charity it was intended for.
It's part of your job to lie? You protect your people and you don't care how you do it.
And just because Joe Miller is dead it doesn't stop you lying for him.
Bank statement.
March the ninth.
£600 from the hole in the wall round the corner from the chambers.
Timed, dated.
Here you go.
He was running the marathon for the prostate cancer charity Cos that's the man he was.
And I sponsored him twenty six twenties, plus gift aid.
Only secret he ever had from me.
What secret? Do I have to say?Yes.
He was running for the 10,000 men who die of that cancer every year in this country.
And he was running for me.
Nice.
Is that the right word? Everyone loves a victim.
What? I'm making it up? Excuse me.
I've got to take a piss.
- Shit.
- Shameless opportunism? Is that what the jury will thinks? You knew What's Ella doing here? We might need her again.
Did you see her shaking after the last time? So opportunism and heartlessness? The jury are going to love you.
I don't know where you lot get the front.
He's right.
There's a woman, every time I stand up she folds her arms.
Jury are not with us, Jack.
We have to get something out of Ella.
She should go to prison? I can't say, Ella.
It wouldn't be fair of me.
But what do YOU think? Did you see your Mum at the police station? Anyone suggesting otherwise would be lying? Did my Mum say she didn't see me? She said she did see you.
DI Sexton said she didn't see you.
So which one's telling the truth? I don't know.
I can't remember.
Do you think your mum is lying? She killed my Dad.
- He was so nice to her.
- You can't know that.
You weren't with them all the time.
For example you can't know what happened between them, in their bedroom? But I can.
I do know.
What do you know? He said nice things to her.
Like "I love you"? I'm sorry, Ella, but you want to believe it, so your mind makes you feel like it's true I heard it.
How did you hear it? I sat on the stairs.
I used to sit on the stairs.
Did you hear anything else? What did you hear? He said it really softly.
What did he say? We can't hear you, Ella.
"Roll over.
Roll over, baby.
" - Please, I don't want this.
- Mrs Miller, Please.
- My Lord, I really must object - Say it louder for the jury.
- We need to see what she has to say.
- What's happening? You need to say it once more for the jury.
"Roll over.
" "Roll over, baby.
" I love you.
Ella, please - We'd better have the jury out.
- Jury retire.
I love you.
It's OK.
I love you.
It'll be all right.
What did Ella mean? You had a shower.
Just before Joe got home.
Why? - I don't know.
- Yes, you do.
Joe knew you'd had a shower.
Was that why he was angry? - Where's Anna? - You knew he'd be angry.
When did you find out you were pregnant? Was it that day? Why would that make him angry? How did you do that to your hand? It's the burn from the dishes.
It's gone funny.
- After all these months? Not true.
- Why are you doing this? This is not half of what they'll do in cross examination.
You have to be ready.
Why was Joe angry that night? Come on.
Come on! We haven't talked about the life insurance on the computer.
I know how low you can get when your life is not your own.
It was you on the computer, wasn't it? And I think I know why.
I'm right, aren't I? Don't tell anyone.
Promise.
I've believed in you from the start.
This is the end now.
This is where you do it for yourself.
Anything from her on the life insurance? - Nothing.
- They'll know, won't they? If I don't bring it up in chief, Nick will go for her in cross examination Then Juliet will be forced to deal with it.
There's something you should see.
Cheers.
Why did you love him? He was funny and warm and he made me feel like the most important person in his life And then he'd turn.
He'd pick on something I'd done, or hadn't done, and it was so hard trying to do the right thing all of the time every single minute and trying to work out what the right thing was.
So what would happen when he when he turned? He'd be angry.
Was he angry the night it all happened? Was he ever angry with Ella? With you in front of Ella? - So she never saw him hurt you.
- He didn't hit me.
But in a way I wish he had.
Because then it would have been clear.
I would have known exactly what it was he was doing.
You see, I'd see him with Ella and I couldn't see it How could he hide it so well? And then I started to think I was going mad.
Do you think he knew that? - What? - That you thought you were going mad? He knew everything about me.
All of the time.
- Do you think he wanted you mad? - A leading question.
- Re-phrase it, please.
- He told me.
What? He said, "You're not very well, and it's going to get worse.
"But don't worry, because we're going to look after you.
" Who did he mean by "we"? Him and Ella.
Thank you.
Who instigated sex the night Joe died? - I did.
- How? We were in the bedroom Yes.
How? I touched him.
Where? So you aroused your husband? This is your reaction to being frightened of him, is it? Is your daughter a liar? Well, she told us she heard Joe say that he loved you.
You can't both be right, can you? So I'm going to ask you again is your daughter a liar? No, doesn't fit with your story, does it? Your claim to victimhood doesn't fit with a husband who tells you he loves you moments before you stab him.
I'll come back to what happened in the bedroom.
First I want to ask you about afterwards.
You went downstairs.
You put a coat on.
I thought I might be cold.
You thought you might be cold and all the while Joe was lying bleeding upstairs? Did you think he was going to die? That's why I came to the hospital.
An hour and a half later, yes.
Where had you been? I'd been walking in the park.
I didn't know what to do.
Did you think about Ella and what she might be doing? You don't understand.
I understand that you left your 13-year-old daughter alone with her grievously wounded father.
Did Joe see the knife you brought into bed with you? Why not? It's had a seven inch blade.
I'd hidden it.
And was hiding the knife something you'd thought about doing while sitting in the chair in the bedroom all that time? I suppose so.
So there was nothing spontaneous about your actions.
Was there? Everything you did was a calculated decision.
God knows you took your time.
No, there Not easy manoeuvring yourself in bed to get the force needed to drive the knife into the body so hard that it stays there.
How did you do that? I can't explain.
Then why don't you show us? Why not? I was just so frightened.
You tell us about being frightened and the danger you're supposed to be in.
Why didn't you leave? Why come back upstairs? Why not walk out the door? Was anybody stopping you? Why not leave, when you were sitting in the bedroom, thinking Joe was asleep? So many opportunities to just walk away.
I had nowhere to go.
The park? The police station? The Rose house? And what would I have said? You mean it would have been awkward? Embarrassing? So you chose sticking a knife in your husband's abdomen over social embarrassment? Why did you choose this knife over this one, or this one? Grip? Size? Sharpness? Which is the sharpest of the three? Thank you.
Hold it up so the jury can see, will you? Which has the longest blade? This one.
Which knife did you choose? This one.
Thank you.
The other two knives were found lined up on the kitchen counter.
Did the murder weapon form a part of this line-up? So you lined them up to look at? Pretty clear rational decision making process, wouldn't you say? Did the shoes you put on before leaving the house have laces? Did you tie the laces? Yes, which coat did you wear? - My grey one.
- Sure? It was under another coat in the coat cupboard.
- Whose? - Joe's.
You tied your laces, you picked out your coat from under your husband's, you put his coat back in the cupboard, you put your coat on? A matter of moments after you had stuck a seven inch blade in your husband's abdomen? Then left your 13-year-old daughter alone, to deal with the horrors you had brought about? What kind of a woman are you? I'm tidy.
Tidy people check their insurance policies, don't they? On the computer.
5:01pm on Monday March the ninth, just before you gave your husband the knife wound that caused his death.
Is that you on the computer? Juliet Miller? Court needs a record of your evidence.
You have to say the word, please.
We'll take a short break.
Might I have a moment to take instructions, my Lord? You have to go for her.
Really go for her, push her.
This has to be a cross examination, not re-examination.
Ask her what she took from the house.
Can't.
It hasn't come out of cross-examination.
Yes, it has.
He went on about her shoe lace, about her coat.
Just do it! Trust me! What did you take with you when you left the house? - I threw it away.
- What was it? - Why are you doing this? - What was it? Vaseline.
Was it yours? Joe's? What did he use it for? - Why take it with you? - Can I have a break? Why were you looking at the life insurance on the computer? I wanted to know what there would be for Ella if I If you what? If I wasn't here.
Why would you not be? I couldn't do it any more.
Do what? What couldn't you do? - What he was doing to me - And what was that, Juliet? What does "Roll over, baby" mean? He was buggering me! Was that always what happened? Did you have normal sexual intercourse? Was it against your will? How did that make you feel? It hurt.
And it felt like he hated me.
Like I was worthless.
And then, this night, or this time, he was so angry.
What have you done to your hand? - I've cut it.
- How? Accidentally? What? Deliberately? It makes the pain better.
What pain? The pain inside The pain inside better.
What happened when you got back into bed with Joe that night? - I can't.
- You can.
You have to.
I lay down on my front next to him.
I closed my eyes.
I felt him climbing on top of me.
I had the knife underneath the pillow.
He pulled my legs apart.
I was going to lie down on the knife.
I was going to turn it and point it and let myself down onto it but I couldn't.
My baby was inside me and of course I couldn't.
And then something snapped.
- It was suddenly the only way.
- What did you do? I turned my head to the side.
I saw him close his eyes.
I slipped the knife out from underneath the pillow and I drove it back and up.
And into him.
As hard as I could.
It went in so easily.
When you were in the police station, why did you want to turn your nightie around? It had his blood on the back of it.
Didn't want anyone to know how he'd hurt me.
Why not? I feel ashamed.
Anal sex and no normal intercourse.
Really? The evidence that you're a liar is in the Mother and Baby Unit at the prison.
She isn't his.
What did you say? The baby.
She's not Joe's.
You didn't tell me.
You knew about the suicide business and you kept it from me.
- I promised I wouldn't tell anyone.
- So you chose her over me? Why are you talking about this? She just got the truth out! - She wouldn't have without me.
- The truth is she was unfaithful The baby isn't his.
The truth is bloody killing us.
There are nine women on this jury.
I know what I'm doing.
I'm saving her life.
Tell me.
Once.
When? Months ago.
You're the father.
Oh, my God.
Go to court and tell them the truth.
You don't mean that.
Somebody has to tell the truth.
It was just once.
Over a year ago.
You're her doctor.
You knew all about her mental condition.
So this was a complete breach of trust.
Yes, it was.
Did she come to your house? Did she call you to make the arrangement? She was supposed to be depressed at the time? She was depressed.
I felt sorry for her.
She instigated the meeting.
And when she got there, who made the first move? She did.
Thank you.
It was my responsibility.
She was vulnerable and she needed help.
I took advantage of her.
It's my fault.
Not hers.
I will always be sorry for what I have done.
Go back to the jury room.
Examine the evidence and consider your verdict.
It's OK.
It'll be all right.
Will the foreman please stand.
Have the jury reached a verdict upon which you are all agreed? Do you find the defendant guilty or not guilty of murder? Not guilty.
Systematic, cruel, extraordinarily creative.
The abuse this defendant suffered at the hands of this man was directed at taking away her entire identity.
This was extreme emotional control, exercised over a long period, and, in the defendant's own words, it was there all the time.
I ask my Lord to take into account the level of abuse when considering sentence.
I ask my Lord to take into account, this woman's good character, and the period she has spent in prison with a very young baby.
Juliet Miller has two children.
There is nothing to say she won't become a good mother to them once she is free from her traumas.
Give this woman and her daughters a future.
Will the defendant please stand.
You have been found not guilty of murder, a verdict with which I entirely agree.
I have had the very great benefit of listening to all the evidence in this case and it has helped me a great deal in considering the sentence I must now pass for manslaughter.
I take into account all the mitigation put forward on your behalf and your plea of guilty and I reduce the sentence accordingly.
I have to tell you, that I consider this crime to be right at one end of the spectrum in cases of this kind and I have therefore decided that you will go to prison for five years.
You will serve half of this term, before being released on licence.
It's too long.
My baby I'm sorry.
It's not time.
- It's almost quarter past.
- It's not time.
We wait.
- He didn't? - I didn't say no.
So my question is Can we say the "A" word here? Are we aiming for adoption, or are we all too shy to say it? - Running Man? - Who? - Get off me! - The Running Man on the canal.
Why does he have your money in his trouser pocket? I gave it to him.
From a hole in the wall, the lunchtime before.
There's CCTV footage.
Can you get it for me? Which version is it? - They can't both be true.
- Stop.
Mum Mummy.
How often do you get that in a jury trial? By the way, you did it beautifully.
If that's a word you can use about cross examining a traumatised 13-year-old.
You can.
You have to be able to say that, or you're not a proper lawyer.
What would you be? We need to go downstairs.
You said you'd be gentle.
- She was.
- Did you see her shivering? When you agreed to run provocation I said there would be consequences.
Dealing with those and understanding why they're a good thing, that's responsibility.
Something that was sucked out of your life by that man.
Ella calling out for you like she did It's so helpful.
The jury liked it, you mean? Helpful that they saw my daughter shaking like and made to feel like a liar - Sorry.
- It's OK.
I was on my own all the time in that house.
I just want to Is this all right? Everything works.
Cupboards open at just a touch.
Drawers slide in and out very quietly.
There's no noise, no mess.
When we had people over, everyone would say what a lovely house we had and Joe would say it was all down to me.
"Actually, it's all down to the wife," with his tongue in his cheek and everyone would laugh.
But it wasn't.
It was him.
He wanted everything white and clean and it was all glass.
You could see round corners, you could see through walls.
There was no room without walls where you could just be It was glass.
No colour, no sun Sorry.
I'm sorry What do you want to say about the house? I hate it! What's happening to me? You're talking.
He could see everything.
He knew everything I did.
That night what were you worried that Joe would find out? I went out and I didn't tell him.
Kate's been saying she wants to go to court.
- I told her no.
- Why didn't you tell me? I've dealt with it.
She's not doing well at school.
She's fine.
It's just that she's trying to support her friend and "More effort.
Unfocused.
Not the usual Kate.
" If you won't believe me, believe them.
What do you want me to do? Kick her out? "Sorry.
I know you're going through the most traumatic experience "a child could go through, "but Kate's getting too many bad grades, so you'll have to go?" Life has to go on.
All the normal things don't just stop because of Ella.
Or your bloody Juliet.
You know what stopped me from going mad? - How do you know? - You said you did it for her.
I thought I'd lose her.
Is that still going to happen? What about my baby? We have to get you off on the murder, and then it's just the manslaughter you're sentenced for.
You said probation was possible.
You have to know that a custodial sentence 18 months.
- What? - That's how long babies can be in the prison, then if the sentence is any longer, I'll lose her.
I miss Ella.
Not hugging your child, it's It's been a long time.
In the police station they were going to let me see her.
They? One of the policemen.
What happened? He broke his promise.
When did he tell you could see Ella? After you'd left.
Before the second interview.
I was present when she was charged with the attempted murder of her husband.
What was her reaction? She asked if she could clean her teeth.
Anything else you noticed about her demeanour? Earlier there was a lot of blood on her - her husband's blood - and she was very anxious about her nightie.
Her nightie? What about it? It was on the wrong way round.
And she didn't like it like that.
It was very important to her that it be the right way round.
What were you doing just before seven o'clock that morning? I was in the canteen writing my notes.
You were nowhere near the canteen.
You were down in the cells telling Juliet Miller she could see her daughter if she gave you a second interview.
And it was made very clear to her what you wanted her to say in that second interview.
No, never happened.
So, if we were to ask Ella, about you setting up a chance encounter between mother and daughter in the cell area, to soften up an already deeply distressed woman, it would be amazing if she came down on her mother's side.
It didn't happen.
Are you saying the defendant is lying about this? There's no other explanation I can see.
Unless of course it's true.
You stopped thinking the moment Juliet Miller arrived at the police station.
You never countenanced the possibility this woman could be a victim of abuse, because that's not how you ever think.
Actually, it's all we do think about.
Domestic violence is right at the front of our heads, - so I think it's - Then you'll know that abused women present as cold and matter of fact when suffering from traumatic shock.
I'm fine-tuned to spot a victim of abuse.
I'm telling you, Juliet Miller is not what you think she is.
- He's lying.
- Yeah, and we can prove it, if Felix lets us recall Ella which will be hard for Juliet.
- So it'd better be her decision.
- Yes.
Are you all right? Yeah.
Fine.
Why? I'm fine-tuned to spot a victim of a classy performance in the witness box.
Put Ella on stand by for recall.
Only standby? I don't want her to be here any longer than she needs to be.
Or you haven't had instructions from Mum yet? The Bible or affirming? The Bible.
Is it right, that the Drug Squad were carrying out a surveillance operation on the Regent's Canal, between January and March? And do you have the surveillance log with you? Can you look at the entry for March the ninth.
You're not looking at it.
I know what it says.
Is there reference to someone labelled RM in the log? - Yes.
- Who is that? That's Joe Miller.
Running Man.
And, is there reference to someone labelled "J" in the log? Who is that? A drug dealer working the canal.
And is there contact between RM and J on March the ninth? 3:47pm.
The log says RM stopped and talked to J and something was passed between them.
Is it right that £620 in twenty pound notes was found in the pocket of Joe Miller the night he was stabbed? - Yes.
- Is there a point to this, Miss Klein? Or are you just throwing mud around? Thank you, your honour, for your guidance.
We will return to this with another witness.
Were you in the police station at 6:55am on the morning of March the tenth? - Yes.
- Did you see DI Sexton? - Yes.
- What did you have to eat? - I'm sorry? - Well, Sexton tells us he was in the canteen between 6:30 and 7:30, writing up his notes.
That's where you must have seen him at 6:55.
It must have been.
I don't need to remind you that you are still under oath.
No.
You don't.
- I lost an hour for you.
- I know.
Thank you.
- You made me lie on oath.
- It wasn't me.
- Of course it was you.
- I had to corroborate your lie.
It's your choice.
You could have gone either way.
Us and them, whether you like it or not.
When it comes right down to it, on oath, you're one of us.
I was upstairs in the bedroom with Joe.
I went downstairs.
I took a knife from the kitchen.
I came back upstairs with it.
What did you intend to do with the knife? Use it.
Now, would you please help the jury by telling us about the tone of the defendant in interview? Matter of fact.
Thank you.
Have you discussed your evidence with your husband? All police officers do it and then they pretend they haven't.
So when did you first discuss the investigation with your husband? Well, we were together at the station on the first night.
And did you see him around 7:00am the following morning? Where? In the cell area.
6:55 am.
You're able to be very precise.
My life is full of shifts and notebooks, you know Time matters.
I'm never wrong about it.
Anyone who suggested that your husband was in the canteen at this precise moment would be a liar? My mum has this expression.
Pants on fire.
Meaning liar? Yeah.
Exactly.
Brilliant.
Police officers can tell lies.
It always helps for a jury to remember that.
The question is why Jane Grady is grassing up Juliet on the rape? What's in it for her? Where are you going? - One thing solicitors always do wrong.
- What's that? We spend our lives reacting to evidence and not enough time gathering our own.
Lying doesn't bother you, then? What percentage of defendants who stand trial are guilty? As in, they did it? 90%? Maybe more? Any brief out there off the record, they'd agree with that.
- Does lying bother you? - How many get off? - That's what I need to know.
- At least half.
You know what? I'm not really going to feel that bad about playing the game hard.
But you are playing God.
So if you'd have known what the party line was would you have lied? Would you? You lied, sir.
Why? Because he doesn't deserve to lose his career over this.
He's a good police officer, doing his job.
Doesn't make him a good man, though, does it? Are you all right? I'm all right.
Quite pregnant.
But I'm fine.
You haven't told him.
Why not? Because I don't want to.
Are you tired? Let's go home, eh? Come on.
I'm not coming home.
- How do you know? - I went to her house.
She never said anything about a child.
Did you ask? - What did she say? - No - She would say that, wouldn't she? - How old is she? Twelve, thirteen.
She said she wasn't raped by her husband.
She couldn't have been more clearer.
Are you a liar? Why? Did you tell the defendant that you have no children? Is that true? So you denied yourself any contact with your daughter whilst you were on remand? Yes, six months.
If she had visited the authorities would have found out.
Well, you must have missed her a great deal? Yeah, I did.
After six months it must havebeen unbearable for you.
So you gave a statement to the police about Juliet Miller and two days later you were released on bail.
You'd do anything for your daughter, wouldn't you? I would.
Lying to the police about a prisoner must have come very easily.
I'm telling the truth.
She knows it.
Ask her.
Joe was the truest, best, most decent human being I ever met, and I can't stand it that he is dead, and I will not stand by and have his name taken in vain.
What was he doing with £620 in his pocket this day? - I gave it to him.
- You usually carry that kind of money? Between you and me, and thesewalls, yes.
One of the notes found has fingerprints on it belonging to a known drug dealer.
Is that what you're trying to pin on Joe? His daughter is outside.
Bring her in here.
Put it to me, in front of her that her father was involved in drugs.
What's the matter, darling? You ain't got the balls? - It's what you do, isn't it? - What? Avoid answering by asking back.
- You want me to answer? - Yes, please.
I gave him the six hundred and when it's stopped being an exhibit it will be going to the charity it was intended for.
It's part of your job to lie? You protect your people and you don't care how you do it.
And just because Joe Miller is dead it doesn't stop you lying for him.
Bank statement.
March the ninth.
£600 from the hole in the wall round the corner from the chambers.
Timed, dated.
Here you go.
He was running the marathon for the prostate cancer charity Cos that's the man he was.
And I sponsored him twenty six twenties, plus gift aid.
Only secret he ever had from me.
What secret? Do I have to say?Yes.
He was running for the 10,000 men who die of that cancer every year in this country.
And he was running for me.
Nice.
Is that the right word? Everyone loves a victim.
What? I'm making it up? Excuse me.
I've got to take a piss.
- Shit.
- Shameless opportunism? Is that what the jury will thinks? You knew What's Ella doing here? We might need her again.
Did you see her shaking after the last time? So opportunism and heartlessness? The jury are going to love you.
I don't know where you lot get the front.
He's right.
There's a woman, every time I stand up she folds her arms.
Jury are not with us, Jack.
We have to get something out of Ella.
She should go to prison? I can't say, Ella.
It wouldn't be fair of me.
But what do YOU think? Did you see your Mum at the police station? Anyone suggesting otherwise would be lying? Did my Mum say she didn't see me? She said she did see you.
DI Sexton said she didn't see you.
So which one's telling the truth? I don't know.
I can't remember.
Do you think your mum is lying? She killed my Dad.
- He was so nice to her.
- You can't know that.
You weren't with them all the time.
For example you can't know what happened between them, in their bedroom? But I can.
I do know.
What do you know? He said nice things to her.
Like "I love you"? I'm sorry, Ella, but you want to believe it, so your mind makes you feel like it's true I heard it.
How did you hear it? I sat on the stairs.
I used to sit on the stairs.
Did you hear anything else? What did you hear? He said it really softly.
What did he say? We can't hear you, Ella.
"Roll over.
Roll over, baby.
" - Please, I don't want this.
- Mrs Miller, Please.
- My Lord, I really must object - Say it louder for the jury.
- We need to see what she has to say.
- What's happening? You need to say it once more for the jury.
"Roll over.
" "Roll over, baby.
" I love you.
Ella, please - We'd better have the jury out.
- Jury retire.
I love you.
It's OK.
I love you.
It'll be all right.
What did Ella mean? You had a shower.
Just before Joe got home.
Why? - I don't know.
- Yes, you do.
Joe knew you'd had a shower.
Was that why he was angry? - Where's Anna? - You knew he'd be angry.
When did you find out you were pregnant? Was it that day? Why would that make him angry? How did you do that to your hand? It's the burn from the dishes.
It's gone funny.
- After all these months? Not true.
- Why are you doing this? This is not half of what they'll do in cross examination.
You have to be ready.
Why was Joe angry that night? Come on.
Come on! We haven't talked about the life insurance on the computer.
I know how low you can get when your life is not your own.
It was you on the computer, wasn't it? And I think I know why.
I'm right, aren't I? Don't tell anyone.
Promise.
I've believed in you from the start.
This is the end now.
This is where you do it for yourself.
Anything from her on the life insurance? - Nothing.
- They'll know, won't they? If I don't bring it up in chief, Nick will go for her in cross examination Then Juliet will be forced to deal with it.
There's something you should see.
Cheers.
Why did you love him? He was funny and warm and he made me feel like the most important person in his life And then he'd turn.
He'd pick on something I'd done, or hadn't done, and it was so hard trying to do the right thing all of the time every single minute and trying to work out what the right thing was.
So what would happen when he when he turned? He'd be angry.
Was he angry the night it all happened? Was he ever angry with Ella? With you in front of Ella? - So she never saw him hurt you.
- He didn't hit me.
But in a way I wish he had.
Because then it would have been clear.
I would have known exactly what it was he was doing.
You see, I'd see him with Ella and I couldn't see it How could he hide it so well? And then I started to think I was going mad.
Do you think he knew that? - What? - That you thought you were going mad? He knew everything about me.
All of the time.
- Do you think he wanted you mad? - A leading question.
- Re-phrase it, please.
- He told me.
What? He said, "You're not very well, and it's going to get worse.
"But don't worry, because we're going to look after you.
" Who did he mean by "we"? Him and Ella.
Thank you.
Who instigated sex the night Joe died? - I did.
- How? We were in the bedroom Yes.
How? I touched him.
Where? So you aroused your husband? This is your reaction to being frightened of him, is it? Is your daughter a liar? Well, she told us she heard Joe say that he loved you.
You can't both be right, can you? So I'm going to ask you again is your daughter a liar? No, doesn't fit with your story, does it? Your claim to victimhood doesn't fit with a husband who tells you he loves you moments before you stab him.
I'll come back to what happened in the bedroom.
First I want to ask you about afterwards.
You went downstairs.
You put a coat on.
I thought I might be cold.
You thought you might be cold and all the while Joe was lying bleeding upstairs? Did you think he was going to die? That's why I came to the hospital.
An hour and a half later, yes.
Where had you been? I'd been walking in the park.
I didn't know what to do.
Did you think about Ella and what she might be doing? You don't understand.
I understand that you left your 13-year-old daughter alone with her grievously wounded father.
Did Joe see the knife you brought into bed with you? Why not? It's had a seven inch blade.
I'd hidden it.
And was hiding the knife something you'd thought about doing while sitting in the chair in the bedroom all that time? I suppose so.
So there was nothing spontaneous about your actions.
Was there? Everything you did was a calculated decision.
God knows you took your time.
No, there Not easy manoeuvring yourself in bed to get the force needed to drive the knife into the body so hard that it stays there.
How did you do that? I can't explain.
Then why don't you show us? Why not? I was just so frightened.
You tell us about being frightened and the danger you're supposed to be in.
Why didn't you leave? Why come back upstairs? Why not walk out the door? Was anybody stopping you? Why not leave, when you were sitting in the bedroom, thinking Joe was asleep? So many opportunities to just walk away.
I had nowhere to go.
The park? The police station? The Rose house? And what would I have said? You mean it would have been awkward? Embarrassing? So you chose sticking a knife in your husband's abdomen over social embarrassment? Why did you choose this knife over this one, or this one? Grip? Size? Sharpness? Which is the sharpest of the three? Thank you.
Hold it up so the jury can see, will you? Which has the longest blade? This one.
Which knife did you choose? This one.
Thank you.
The other two knives were found lined up on the kitchen counter.
Did the murder weapon form a part of this line-up? So you lined them up to look at? Pretty clear rational decision making process, wouldn't you say? Did the shoes you put on before leaving the house have laces? Did you tie the laces? Yes, which coat did you wear? - My grey one.
- Sure? It was under another coat in the coat cupboard.
- Whose? - Joe's.
You tied your laces, you picked out your coat from under your husband's, you put his coat back in the cupboard, you put your coat on? A matter of moments after you had stuck a seven inch blade in your husband's abdomen? Then left your 13-year-old daughter alone, to deal with the horrors you had brought about? What kind of a woman are you? I'm tidy.
Tidy people check their insurance policies, don't they? On the computer.
5:01pm on Monday March the ninth, just before you gave your husband the knife wound that caused his death.
Is that you on the computer? Juliet Miller? Court needs a record of your evidence.
You have to say the word, please.
We'll take a short break.
Might I have a moment to take instructions, my Lord? You have to go for her.
Really go for her, push her.
This has to be a cross examination, not re-examination.
Ask her what she took from the house.
Can't.
It hasn't come out of cross-examination.
Yes, it has.
He went on about her shoe lace, about her coat.
Just do it! Trust me! What did you take with you when you left the house? - I threw it away.
- What was it? - Why are you doing this? - What was it? Vaseline.
Was it yours? Joe's? What did he use it for? - Why take it with you? - Can I have a break? Why were you looking at the life insurance on the computer? I wanted to know what there would be for Ella if I If you what? If I wasn't here.
Why would you not be? I couldn't do it any more.
Do what? What couldn't you do? - What he was doing to me - And what was that, Juliet? What does "Roll over, baby" mean? He was buggering me! Was that always what happened? Did you have normal sexual intercourse? Was it against your will? How did that make you feel? It hurt.
And it felt like he hated me.
Like I was worthless.
And then, this night, or this time, he was so angry.
What have you done to your hand? - I've cut it.
- How? Accidentally? What? Deliberately? It makes the pain better.
What pain? The pain inside The pain inside better.
What happened when you got back into bed with Joe that night? - I can't.
- You can.
You have to.
I lay down on my front next to him.
I closed my eyes.
I felt him climbing on top of me.
I had the knife underneath the pillow.
He pulled my legs apart.
I was going to lie down on the knife.
I was going to turn it and point it and let myself down onto it but I couldn't.
My baby was inside me and of course I couldn't.
And then something snapped.
- It was suddenly the only way.
- What did you do? I turned my head to the side.
I saw him close his eyes.
I slipped the knife out from underneath the pillow and I drove it back and up.
And into him.
As hard as I could.
It went in so easily.
When you were in the police station, why did you want to turn your nightie around? It had his blood on the back of it.
Didn't want anyone to know how he'd hurt me.
Why not? I feel ashamed.
Anal sex and no normal intercourse.
Really? The evidence that you're a liar is in the Mother and Baby Unit at the prison.
She isn't his.
What did you say? The baby.
She's not Joe's.
You didn't tell me.
You knew about the suicide business and you kept it from me.
- I promised I wouldn't tell anyone.
- So you chose her over me? Why are you talking about this? She just got the truth out! - She wouldn't have without me.
- The truth is she was unfaithful The baby isn't his.
The truth is bloody killing us.
There are nine women on this jury.
I know what I'm doing.
I'm saving her life.
Tell me.
Once.
When? Months ago.
You're the father.
Oh, my God.
Go to court and tell them the truth.
You don't mean that.
Somebody has to tell the truth.
It was just once.
Over a year ago.
You're her doctor.
You knew all about her mental condition.
So this was a complete breach of trust.
Yes, it was.
Did she come to your house? Did she call you to make the arrangement? She was supposed to be depressed at the time? She was depressed.
I felt sorry for her.
She instigated the meeting.
And when she got there, who made the first move? She did.
Thank you.
It was my responsibility.
She was vulnerable and she needed help.
I took advantage of her.
It's my fault.
Not hers.
I will always be sorry for what I have done.
Go back to the jury room.
Examine the evidence and consider your verdict.
It's OK.
It'll be all right.
Will the foreman please stand.
Have the jury reached a verdict upon which you are all agreed? Do you find the defendant guilty or not guilty of murder? Not guilty.
Systematic, cruel, extraordinarily creative.
The abuse this defendant suffered at the hands of this man was directed at taking away her entire identity.
This was extreme emotional control, exercised over a long period, and, in the defendant's own words, it was there all the time.
I ask my Lord to take into account the level of abuse when considering sentence.
I ask my Lord to take into account, this woman's good character, and the period she has spent in prison with a very young baby.
Juliet Miller has two children.
There is nothing to say she won't become a good mother to them once she is free from her traumas.
Give this woman and her daughters a future.
Will the defendant please stand.
You have been found not guilty of murder, a verdict with which I entirely agree.
I have had the very great benefit of listening to all the evidence in this case and it has helped me a great deal in considering the sentence I must now pass for manslaughter.
I take into account all the mitigation put forward on your behalf and your plea of guilty and I reduce the sentence accordingly.
I have to tell you, that I consider this crime to be right at one end of the spectrum in cases of this kind and I have therefore decided that you will go to prison for five years.
You will serve half of this term, before being released on licence.
It's too long.
My baby I'm sorry.
It's not time.
- It's almost quarter past.
- It's not time.
We wait.