Bull (2016) s02e11 Episode Script
Survival Instincts
1 If your lips are movin', if your lips are movin' I said you're lyin', lyin', lyin', baby Boy, look at me in my face, tell me that you're not just About this bass, you really think I could be replaced - (COMPUTER CHIMES) - Nah, I come from outer space And I'm a classy girl, I'm-a hold it up You're full of something, but it ain't love And what we got, straight overdue - (WATER RUNNING) - Go find somebody new You can buy me diamond earrings And deny-ny-ny, ny-ny-ny - (TYPING) - Deny-ny But I smell her on your collar So good-bye-bye-bye, bye-bye-bye (COMPUTER CHIMES) I know you're lyin' Cause your lips are movin' Moving Tell me, do you think I'm dumb? - I might be young - Young - But I ain't stupid - Stupid (TRAIN HORN BLARING) (CAR DOOR CLOSES) RYAN: Hey, Jemma.
I know.
I know I'm a little bit older than I said.
And the pictures I was gonna tell you, I just figured it'd be better to wait till we met in person.
But everything else I said is totally true.
I mean, I'm I'm only 16.
And you're even prettier than your pictures.
And you're smart, and you're sophisticated.
Thanks.
We've been talking and texting for what, five months? Well, look, I don't want you to do anything that you don't want to do.
So you can go back home, and we can pretend that this never happened.
We don't even have to talk anymore.
Or you could come to the city with me, like we planned.
Are you hungry? You haven't had dinner yet, have you? No.
No? Let's go have a meal, we'll have a couple of beers, and, uh, we can talk things through.
You ever rid in a sports car before? (LAUGHS): No.
No? Well, come on.
Maybe I'll even let you drive.
Yeah? Okay.
Come on.
MAYA: Thank you all for coming.
My name is Maya Whitbeck.
I'm Jemma's mother.
She's my only child, and she's been missing for four days.
Please, if you have any information about where she might be, if you've seen her, please call 911.
Jemma, honey, if-if you can hear me, everyone is looking for you.
I love you.
I miss you so much.
I just want you home.
Thank you.
Help me find Jemma.
She's my best friend.
CASSIE: Hey, help me find Jemma.
RYAN: Everyone, up against the wall! And hands where I can see them.
Now! (PEOPLE SCREAMING, ALARM RINGING) All right, let's go! Let's go, let's go! OFFICER: Police! Don't move! Freeze! Drop your weapons.
Drop them! Hands on your head.
(HANDCUFFS TIGHTEN) Don't say a word.
Okay? Not a word! (INDISTINCT RADIO CHATTER) THALIA (OVER TV): My client didn't just Oh.
Look who it is.
It's Thalia Macera.
She was a 16-year-old child when she was ripped from her home I see her on TV all the time.
That woman loves a television lens.
Isn't that the victims' rights attorney? BENNY: She is no attorney.
She is a piranha with a license to practice law.
And now she is being charged with armed robbery, and facing 25 years in prison.
Talk about an injustice.
The ADA is the one who should be in jail for compounding this child's trauma.
Thank you.
No one in the DA's office could stand her.
She alienates everyone in the courtroom, and she's never met a victim she couldn't exploit.
I don't get it.
Why would Bull want to work with her? Bull and Thalia go way back.
When he first got out of school and started to practice as a forensic psychologist, Thalia was the first one to hire him as an expert witness.
It was the first time he ever set foot in a courtroom.
He says it was love at first sight.
Uh, the courtroom, not Thalia.
It's gonna be a tough case to defend.
It's pretty clear that the girl is guilty.
Well, I'm sure Bull has a theory, right? Yeah.
His theory is she did it against her will.
As to the why and the how, everything is on the table: brainwashing, exploitation, manipulation, fear, abuse.
BENNY: Terrific.
We got a guilty client, an impossible lawyer (CLEARS THROAT) and about a half dozen unproven theories with which to defend her.
Sounds like a dream come true.
(DOOR OPENS) (QUIETLY): You see that? How quickly Jemma reacted to Ryan's presence? He's really got a hold on her.
It's gonna be hard to make a case that she did what she did against her will when they're whispering in each other's ears like co-conspirators.
You want me to go stand between them? - Could you, would you? - (GAVEL BANGS) VOLK: Let's call the next case.
The People v.
Jemma Whitbeck and Ryan Mitchell? I'll hear you on bail.
Your Honor, Mr.
Mitchell has a criminal record: assault, fraud, larceny.
Given the incontrovertible facts of this case, the people request $250,000 cash.
Most of those cases you cited have been dismissed, and my client has never defaulted.
I would ask Your Honor to consider releasing my client on his own recognizance.
I'm adopting the prosecutor's recommendation.
250 cash.
What about his friend? Objection to the use of the word "friend.
" VOLK: Relax, Ms.
Macera.
I'll let you know when it's your turn.
On the matter of Ms.
Whitbeck, while she has no criminal record, the case against her is airtight.
She was caught fleeing the scene of the crime with the gun in her hand.
The people request bail in the amount of $100,000.
VOLK: Your turn, Ms.
Macera.
$100,000? It might as well be $100 million.
My client can't make that.
What are you asking for? I'm asking for a dismissal, and an apology from the prosecutor.
My client has suffered unimaginable trauma.
She didn't willfully commit this crime, and everyone knows that.
No, Ms.
Macera.
Everyone doesn't know that.
That's what we're here to determine.
And for the future this is just you and me here save the theatrics for the jury.
I'm setting the bail at $100,000.
(GAVEL BANGS) Tell the judge we have a motion, and we need it to be heard immediately.
Do it now.
- VOLK: Uh, next case.
- (CLEARS THROAT) Excuse me, Your Honor.
I have a motion and I need to be heard.
It's an urgent matter, and it cannot wait, and my client's constitutional right to due process is at stake.
VOLK: Motion to sever? That's what was so urgent? I got a courtroom full of people out there.
Separate trials are essential to our case.
There are two inconsistent defenses.
We fully plan on pointing the finger at Mr.
Mitchell.
Your Honor, two trials will be a waste of time and resources.
Both cases require the same witnesses, the same evidence.
There's no reason both cases can't be heard together.
I can give you a couple reasons.
First, if Jemma and Ryan are seated at the same table, it will send a subliminal message to the jurors that they are a team.
They are a team.
Second, victims of abuse are more likely to speak freely if their abuser is removed from the equation.
Hold on.
Abuse? Where is that coming from? There's nothing to back that up.
There's no witnesses, no medical reports of injuries What grounds do you have to support a claim of abuse? I have 20 years of experience working with victims.
VOLK: Yes.
But do you have anything tangible to present? Not just yet, Your Honor.
Because it doesn't exist.
Your Honor, the defendant was a willing participant in the robbery.
Your motion to sever is denied.
Without prejudice.
You can refile if you develop concrete evidence of abuse.
But until then, it's two defendants, one trial.
BULL: Good to have her back, huh? I had to drain her college fund, and take out a second mortgage on the house to make her bail, but yes, I'm relieved to finally have her back home.
Thing is, she's not the same kid she was when she left.
How could she be? - (KNOCKING ON DOOR) - JEMMA: Come in.
(PAPER CRUMPLING, RIPPING) Honey, what are you doing? You love those posters.
And your animals? If I have to stay here, can't I make it look the way I want? Of course.
You remember Dr.
Bull.
Mm-hmm.
Why don't you give us a minute? So what is it? She won't let you smoke in the house? Well, can't be about not letting your boyfriend visit your room.
He's still in prison.
Is it the hair? Your mom got issues with the hair? I'm just trying to figure out why you have all this anger towards her.
All she did was put together as much money as she could so you wouldn't have to sleep in a cell.
What do you want? I feel a sense of professional obligation.
I want you to understand how much trouble you're in.
You committed armed robbery.
You held up a jewelry store.
You're looking at 25 years in prison.
Stop me if I say anything that makes you give a damn.
What are you doing in my bedroom? You're not my lawyer.
No.
I'm the guy your lawyer called when she realized just how difficult it was gonna be to dig you out of the hole you dug for yourself.
Where'd you get the gun? I bought it.
Obviously, you didn't tell them who you were.
The whole country's been looking for you for the last 18 months.
I bought a fake I.
D.
online.
With what, credit card? Bitcoins.
Oh, yes, because he let you use the computer and watch TV and read the paper.
(DRAWER OPENS) Who's the president? Get out of my room.
Sorry, that was a tough one.
Which Kardashian is pregnant? So, how'd it work when you were hungry? Did you have a special word you'd use? What about when you wanted water, or to go to the bathroom? How about when he wanted something? Did he have a special pet name he'd call you, or did he just come and take what he wanted? I've been doing this a long time, and I know how it works.
He convinces you you can't live without him, and you can't, because he's got you under lock and key.
So you do the only thing you can do to make sense of it, the only thing you can do to survive.
You develop feelings for him.
But he's gone now, Jemma, and the only one who can save you is you.
You're not being disloyal or unfaithful by telling the truth about what happened.
It only feels like love 'cause you didn't know what other box to put it in.
When you're ready to fight for your life, give me a call.
But don't wait too long.
Justice is impatient.
(DOOR OPENS, CLOSES) Jemma Whitbeck grew up on Long Island, an only child, raised by her mom, Maya.
Mom and dad never married, and dad was out of the picture before Jemma's third birthday.
She was a solid student.
No hint that this kind of thing was in her future.
What about friends? She's alone in all these pictures.
Does she have any friends? Mostly on the Web.
Got it.
I can relate.
Wait, she was in high school and she didn't have any friends? No.
She did a best friend.
Cassie Walters.
According to her mother, they were inseparable.
And then, halfway through tenth grade, they had some kind of a falling-out.
And then, a few months later, Jemma disappeared.
So, what's the plan? Bull is convinced that Jemma is a victim.
He believes that she was coerced, - and he wants to argue duress.
- BENNY: Duress? Well, that's That's not gonna be easy.
Duress is an affirmative defense, which means that once the prosecutor proves that she was guilty of armed robbery, we have to prove that she was in fear for her life that the only reason that she committed this crime was because she was convinced that this guy Ryan was gonna kill her if she didn't.
Well, then, I guess that's what we have to do.
(GAVEL BANGS) BULL: People who are able to adapt to difficult situations will understand Jemma's plight.
They will see that what Jemma did was adapt to her circumstances.
She did what she had to do in order to survive, including rob a store at gunpoint.
So, what kind of characteristics are we looking for? We'll start with extroverts.
Thrill seekers.
Who here likes amusement parks? What's your favorite part? The rides? The roller coasters.
Anything that goes fast.
Mm.
We find this juror to be acceptable.
- How about you? - WOMAN: The games.
Ring toss, Skee-Ball.
And the food.
I like the food.
Me, too.
We'd like to thank and excuse this juror.
How about you? Does Disney count? Are you kidding? We love Disney.
We'd like to thank and excuse this juror.
But not just thrill seekers.
Agreeable thrill seekers.
THALIA: You are in a bar, minding your own business, and someone comes up to you and insults you - what do you do? - Me? I look the other way.
Sticks and stones will break my bones We find this juror to be acceptable.
People who are emotionally stable.
No neurotics.
You are gonna ask your boss for a raise.
How do you prepare? Just go in and ask.
We find this juror to be acceptable.
(ELEVATOR BELL CHIMES) (SIGHS) Hey, what are you doing here? It's past 7:00.
Finishing my report on Jemma's online life.
BENNY: Oh, is this the website where she met Ryan? CABLE: Yeah.
This guy was patient.
He took his time, got her to open up about herself, share intimate thoughts.
Not your first time at this rodeo, huh? Well I never ran away with a stranger, and I certainly never robbed anyone at gunpoint, but when I was 16, sure, I trusted some people I shouldn't have.
I fell in love with some guys I never met, and I had my heart broken by some men I now realize were probably three times my age.
What did we do before the Internet? (PHONE CHIMING) Oh, hold on one second.
Ah, it's Bull.
Excuse me.
Hey, what's up, boss? Oh All right, I'll hop a cab, I'll be right there.
(LOUD METAL MUSIC PLAYS BEHIND DOOR) (WHISPERING): She actually tried to visit him in prison.
Got the call two hours ago.
What's most concerning to me is she has no idea how damning this is.
That, all by itself, could completely sink any chance she has for acquittal.
I had to go to work.
She promised to stay home.
That was our agreement.
If we can't get this girl under control, not only are you gonna lose your daughter, you're gonna lose your house.
I-I don't know what to do.
I do.
(POLICE RADIO CHATTER) You told them to revoke my bail? You're sending me to jail? What kind of mother are you? I love you, Jemma.
Maya JEMMA: Get your hands off me! It's for her own good.
Get off of me! You're doing the right thing.
It's only for the duration of the trial.
Okay? She will be released as soon as the jury acquits her.
- (SOBBING, GASPING) - (CAR DOOR CLOSES) It's okay.
I feel like the bandleader on the Titanic.
Our client's totally disengaged.
It's like she's watching someone else's trial.
MARISSA: You need to keep your eye on juror ten.
How did we end up with a neurotic introvert who works for the post office? He's the opposite of adaptive.
BULL (QUIETLY): We were out of challenges.
And it was either him or the lady whose idea of a thrill is playing Skee-Ball.
(DOG HOWLS) (DOOR CREAKS) (DANNY SIGHS) I'd, uh, like to clean their stuff out of here, but they told me I couldn't until the trial was over.
You don't know when that's gonna be, do you? No, sir, we're not with the cops.
You have to check with them.
DANNY: How long did they live here? About a year and a half.
They were late on their rent just about every month.
CHUNK: Did you ever see the girl? Did you ever see Jemma? Once, that I can remember.
A couple weeks before the robbery.
I came to get the rent.
DANNY: Did you ever get the impression something was wrong? How do you mean? Well, did she look scared? - Did she try and signal you? - No.
A 35-year-old man with a 16-year-old girl? That didn't raise any red flags? I only saw her for a split second.
Could've been his daughter or his niece.
She had green hair.
I didn't know it was the girl everyone was looking for.
If I did, I would have called the police.
- (CAMERA CLICKS) - What do we have in here? (FLIES BUZZING) Think I found the guest room.
Oh Did the defendant, Jemma Whitbeck, enter the store with anyone? No, she came in alone.
I was helping another customer at the counter.
- PAPPAS: So she had to wait.
- WOMAN: Yes.
She was there for at least half an hour.
Objection.
No foundation.
Overruled.
Did she ever ask to use a phone? No.
Did she say she needed help? Objection.
Calls for hearsay.
Overruled, Counselor.
Did the defendant ever try to slip you a note or ask if there was another way out of the store? A back door? Okay, we get it.
She didn't try to escape.
Sit down, Ms.
Macera.
BENNY: Would you stop it? You are pissing everyone off.
MARISSA: It's a sea of red, Bull.
Not a speck of green anywhere.
Okay, I give up.
I'm going to plan B.
Let's find the ADA, see if we can cut a deal.
Well, come on, the ADA has no incentive to cut a deal.
Set up a meeting.
Let's see if we can negotiate a plea.
Maybe we can get the 25 years down to ten.
Ms.
Macera, let me take the lead on this.
I have a relationship with the DA's office.
Thank you.
Haven't done anything yet.
You don't honestly think I'm gonna dismiss the charges? No, but we were hoping you might discuss a plea.
Why would I do that? Softballs like this don't come across my desk all that often.
Be that as it may, you don't want to send an innocent woman to prison.
You're right, I don't.
But you haven't shown me anything pointing to innocence.
She was coerced.
She was in fear for her life.
Not according to your client.
You two should talk, get your stories straight.
Look, all I'm asking for is some proof.
A scar, a threatening e-mail, a cry for help.
- Something to back up your claim.
- We have proof.
We have an expert.
Dr.
Stephanie Messner.
Who? She's a shrink's shrink.
A world-renowned expert in the field of victimization.
And she will explain that Jemma was not a willing participant in the robbery.
I'll take my chances with the jury.
I've seen this doctor testify before.
She's good.
She'll prove you wrong, and she'll sink both cases.
Jemma will be acquitted, and so will Ryan.
Ryan? That's a stretch.
Well, credibility is a prosecutor's currency, and once the jury sees that you were wrong about Jemma, they are gonna question your case against Ryan.
And before you know it - reasonable doubt.
- Look, we're not asking you to dismiss the charges.
Okay? Just show some humanity.
She's a kid.
Will she testify against Ryan? I'm not doing that.
I won't do that.
Jemma, honey, listen to Dr.
Bull.
Let me make this simple for you.
If you don't testify against him, he's probably gonna testify against you.
- That would never happen.
- Why not? He doesn't want to spend 25 years in prison any more than you do.
You don't understand.
No, you don't understand.
(SIGHS) He doesn't love you.
He never did.
Everything he wanted you for, everything he wanted to do, he's done.
And if he wants to use you as a bargaining chip, he will.
I want to go back to my cell now.
Not yet! You need to tell that jury all of the awful things that he did to you.
Everything.
And only then is there a chance that we can make this go away.
But if you let him get the upper hand, he will continue to do what he has been doing to you.
Only instead of treating you like an animal, he is gonna get you to serve his prison time! GUARD: This meeting's over.
He's gonna trade you to the ADA like the thing he thinks you are.
Why would you let him destroy your life twice? If you're afraid, we will get you protection! Jemma, trust me! (LOCK BUZZES) (DOOR CLOSES) SKURNICK: Call your next witness, Mr.
Pappas.
The People call Ryan Mitchell to the stand.
Ob-Objection.
Uh, we haven't been given proper notice.
Counselor knows good and well the defendant doesn't have to give notice of his intention to testify.
Could, uh, all of the many legal teams come up to the bench for a sidebar.
You made a deal, didn't you? Someone want to tell me what's going on? Dr.
Bull and Mr.
Colón came to me last night, asking for a deal.
I made them an offer, which they did not respond to.
So, this morning, I made the same offer to Mr.
Mitchell.
And my client accepted.
So the kidnapper is going to testify against his victim? You two were very persuasive last night.
I mean, you have this important expert witness coming who threatens to damage my credibility with the jury.
I needed to be sure I could still secure convictions against both parties, like you said.
What did you offer him? Five years off the maximum.
So, he's getting less time than his victim.
She's his co-defendant, not his victim.
Mr.
Mitchell, step up to the witness stand.
The clerk will swear you in.
Did you kidnap your co-defendant, Ms.
Whitbeck? Of course not.
Uh, she came with me willingly.
I've never had to force her to do anything.
Objection.
She was under the age of consent.
She's an adult now and she's not pressing charges.
THALIA: Well, then I'll press charges.
Her mother will press charges.
PAPPAS: You can't, not without cooperation from your client.
Counsel, enough.
Ask him a question.
Sir, whose idea was the robbery? It was Ms.
Whitbeck's.
(GALLERY MURMURING) Hmm.
MARISSA: Not to add insult to injury, the mirror jurors find Ryan credible and compelling.
Well, they're idiots.
He's lying.
RYAN: She knew that we were low on cash.
And she told me about an idea that she had.
I laughed when she first put it out there, but she wouldn't give it up.
And, um I told her that I just can't handle a gun.
I can't carry a gun.
It's I just can't.
You know, there are certain lines that you just don't cross, and, um but she said that that wouldn't be a problem.
Eventually, I-I said sure.
This guy has no lines.
He has no limits.
Listen to him.
He's shameless.
PAPPAS: I'm gonna change the subject.
Some people would have us believe that you had your co-defendant under lock and key.
Did you? Of course not.
We were in love.
We lived together, but everybody could come and go as they wished.
But to the best of your knowledge, she never actually did leave.
Well, she did.
Once, she left for a whole day.
Did she tell you where she went? RYAN: When she got back, I asked her.
Objection.
Hearsay.
I'll allow it.
What did she say? She said that she went back home to Farmingdale.
PAPPAS: So you're testifying that she told you she left the house of her own free will and returned to her mother's house.
Did she have dinner? Did she stay overnight? No, she was back before dinnertime.
She told me that she was standing across the street from the house with a baseball cap and sunglasses on, and she could see her mother through the windows, but just couldn't bring herself to knock on the door.
And she just wanted to come back to me.
And that's what she did? That's what she did.
Prosecution has nothing further.
That ADA double-crossed us.
We went to him in good faith to cut a deal, and he turned it around and used it against us.
BULL: Come on.
It wasn't exactly in good faith.
You knew I was bluffing, and for all I know, so did he.
Still, using a man who abducted a minor to convict her, that's a first.
You know what else I think might be a first? Every one of our mirror jurors is red.
The whole jury, not an inkling of green.
You don't have a lot to say, boss.
I was just thinking about the upside.
The upside? (LAUGHS): Wow.
Marissa, cut him off.
Oh, no.
Ryan's no longer part of the case.
He's been dealt with.
He won't be in the courtroom anymore, which is what I wanted in the first place, for Jemma to have her own day in court.
What, should we be lining up any new witnesses? Like who? There are no witnesses.
That's part of the problem.
Well, what about the pictures that Danny and Chunk took at the shack? They're really compelling.
Oh, they're nothing.
Picture of a pillow and a bucket in a tiny closet? Doesn't mean a thing unless Jemma gets on the stand and says, "That's where I slept.
That bucket was my bathroom.
" Any chance she changed her mind? I think we're getting close.
But she's so mired in shame.
Even when Ryan was talking about how she couldn't bring herself to go home.
I was watching her.
You could see it.
She she had a story to tell, but she was so ashamed of that story, so ashamed of what she did, of what he did to her.
And I'm sure she feels completely alone.
And when she walks into that courtroom, and there's nobody there, just her mom and us.
BENNY: Remember all those people who were searching for her? Friends, neighbors? Where are they now? Benny, that's an excellent question.
Jemma and I always talked about coming to this school, being roommates freshman year.
Best friend talk.
I can relate.
We met in first grade.
Did everything together.
Girl Scouts, Model U.
N.
, robotics camp.
What happened? I mean, when she disappeared, you guys hadn't been speaking for a while.
I don't know.
Yeah, she got weird.
- What do you mean, weird? - She was moody.
Never wanted to do anything.
She just, like, stayed in her room alone.
She might have been mad at me.
It was right around the time I joined the debate team.
And then I got a boyfriend and I guess she felt left out.
Do you miss her? Of course.
Would you be willing to do something for her? When Jemma went missing, you were the people who searched the woods.
You put up posters, you marched in candlelight vigils.
Well, I'm here to ask you to be there for Jemma again.
Thank you for welcoming me to your church.
To Maya Whitbeck's church.
To Jemma Whitbeck's church.
Now, I know that when Jemma first disappeared, it was you, it was this congregation, that organized the search parties and that sent her your prayers.
Well, Jemma needs you again.
I know you've all heard a lot of terrible things since Jemma first vanished 18 months ago.
But just because you hear something doesn't make it true.
And we can't fairly judge anyone if we don't have the full story.
The prosecution is done with his case.
And now, it's our turn to present a defense.
I'm gonna be honest with you.
Jemma, I'm having a really hard time figuring out what that defense could be.
Doesn't matter.
BENNY: The jury, they need to know how he treated you.
How he coerced you.
It's it's the only way we can win.
It's okay, let's just be done with it.
I'm I'm ready to serve my time.
There's a part of me that's looking forward to it.
I believe you believe that.
But it's just not true.
Come on.
Let's go to court.
You ever heard of "learned helplessness"? It's when people feel they have no control over their lives.
They see no future.
They resign themselves to just getting through the day, to surviving.
Sound familiar? So many people care about you, Jemma.
So many people understand the awfulness you've been through.
They may not know the particulars, but they know how dark it must have been.
They can't wait to see you again.
Show you the light.
No, you're wrong.
No one cares.
Maybe just my mom, but the truth is, she'll be better off without me.
(GALLERY MURMURING) GIRL: Hey, Jemma.
Everyone at school says hi.
BOY: We're glad you're back.
GIRL 2: Love you, Jemma.
GIRL 3: So good to see you.
Cassie? I missed you so much.
I'm sorry I wasn't there for you.
You must have felt so alone.
God, it's so good to see you.
It's so good to see everybody.
So what do you say? Tired of just surviving? Ready to put up a fight? I think I am.
I think I'm ready to testify.
When I started chatting with Ryan online, I was only 16.
He said he was 18, and he seemed really nice.
Were you surprised by his age when you met him in person? Yeah.
So why did you go with him? I-I know this sounds stupid, but I felt like I knew him.
We'd been talking for months.
I trusted him, which I know sounds ridiculous.
So I-I said I'd I'd go have dinner with him.
Just dinner, that's it.
W-We had dinner, and then, he said he was going to drive me home.
We stopped at one point 'cause he said he had wanted to show me the stars.
It was the middle of nowhere.
We got out of the car to look, and that's-that's when he told me h-he wanted to have sex with me.
I was I was really, I mean, I was shocked, and (SNIFFLES) I told him I'd never done that before.
I was shaking, and really scared.
And at first, he seemed okay with it, so I so I calmed down for, like, a second.
And then and then, that's when he pushed me to the ground, and did what he wanted.
THALIA: (CLEARS THROAT) Did you cry? Yeah.
Did you scream? Yeah.
But no one heard? I finally fell asleep, or passed out there on the ground, and when I woke up, he, um, had zip-tied my hands and feet.
Then he he covered my mouth with this thick tape.
Carried me into the car and, um, then he laid me across the back seat, and then, it felt like we drove for hours.
That's that's where I lived.
In the closet, mostly.
He threatened me, he beat me, he and he, and he, you know, he wanted sex.
All different kinds.
THALIA: At some point, did his behavior change? JEMMA: Well, a few weeks in, I stopped putting up a fuss.
I just did whatever he wanted, made him think I liked it.
That seemed to work, because he things got better.
He stopped beating me, and he let me out of the closet.
Jemma, at some point, did you develop feelings for him? I know this sounds crazy, but yeah.
Um, he he fed me, he, um, he bought me clothes, he he was scary, but he also, he he took care of me.
Or it or it felt like it.
He would use the word "love," but I know and I realize now, that for me, it was just about surviving, staying alive.
Jemma, was it your idea to rob the jewelry store? (JEMMA CHUCKLES) I've I've barely ever been in a jewelry store.
I've never even had my ears pierced.
He said he'd hurt me if I didn't do it.
If I didn't buy the gun, and do what he said.
He said he'd hurt my mom.
He said he'd find her and do to her what he did to me, so I just I just went along with it.
I didn't know what else to do.
I'm-I'm I'm sorry we scared those people, 'cause I know how that feels.
Ryan said, at some point, you went home.
Like, a month before the robbery.
He was in the yard, and I, um I just, I grabbed the car keys.
I made it all the way home.
But I couldn't couldn't go in the house.
Were you afraid he'd come after you? Yeah, that was that was a big part of it, but but it was more than that.
I just felt so, like I just felt so dirty.
I mean, I-I went with him.
I thought it was my own fault.
And I-I couldn't I couldn't face my mom, I couldn't face anyone.
Talk to me.
I can't explain why, but we have a juror ten problem.
Ten? Yep.
You don't get to this guy, and you are staring at a mistrial, in which case, Jemma stays in jail, and we get to do the whole thing all over again.
You're a real downer, you know that? No further questions, Your Honor.
The defense rests.
Can I just say one more thing? Go on, Ms.
Whitbeck.
I just I just want to add that that I love my mom.
And I love my friends.
(SNIFFLES) And I-I love my life, and I-I'd love a second chance to live it.
There's only one explanation.
That guy's dead.
I'm gonna ask Benny to go over there and close his eyes.
SKURNICK: Ladies and gentlemen, let's, uh, take a 20 minute recess.
Oh, boy.
Trashcan basketball.
You're worried about the verdict.
Well, three days is a long time.
We've waited longer.
I got a bad feeling about juror number ten.
- (PHONE CHIMES) - Oh.
Well, trashcan basketball worked.
That's the clerk.
The judge wants us back in the courtroom.
You go ahead.
Uh, I got to make a call.
I will meet you there.
Okay.
Someone get me ADA Pappas on the phone! This doesn't look good.
Members of the jury, I've been handed a note that informs me that you are at an unbreakable impasse.
Is that true? Yes, Your Honor.
You're unable to reach a unanimous verdict? And you believe that further deliberation will be futile? We tried.
It's 11 to one to acquit.
SKURNICK: (SIGHS) Then I have no choice.
I find this jury to be hopelessly deadlocked, and I am declaring a mistrial.
Jurors, thank you for your time and consideration.
You're excused.
All right.
Let's set a date for a retrial.
N-No, I I can't go through this again.
Your Honor I got a call this morning from Dr.
Bull.
He reminded me of something counsel said at the outset of the case, that prosecutors are supposed to protect victims, not prosecute them.
The jury's verdict isn't lost on me.
11 to one in favor of an acquittal.
It's not unanimous, but it is powerful.
And I listened carefully to the defendant's testimony, and I found it credible.
SKURNICK: Is there a motion to dismiss - headed my way? - Yes.
Your Honor, the people move to dismiss all charges - against Ms.
Whitbeck.
- (GASPS) PAPPAS: Dr.
Bull also informed me that Ms.
Whitbeck is willing to testify against Ryan Mitchell.
With that in mind, I'll be filing additional charges for sexual assault and kidnapping.
SKURNICK: Then, this court stands adjourned.
(GAVEL BANGS) (DOOR CLOSES) If you want to smoke, it's okay.
Not smoking anymore.
I'm trying to put all that away.
All that behind me.
Right.
I am so happy you are here.
I am so happy you're back.
Me, too, Mom.
Can I make you something? Can I get you something? Is there anything you want? No, I just I just want to sleep.
I just want to open my eyes and see that it's morning and sunny out and that I can start all over again, make everything right.
(KISSES) Mmm.
If you need me, you know where I am.
(CHUCKLES) (DOOR CLOSES) (COMPUTER CHIMES)
I know.
I know I'm a little bit older than I said.
And the pictures I was gonna tell you, I just figured it'd be better to wait till we met in person.
But everything else I said is totally true.
I mean, I'm I'm only 16.
And you're even prettier than your pictures.
And you're smart, and you're sophisticated.
Thanks.
We've been talking and texting for what, five months? Well, look, I don't want you to do anything that you don't want to do.
So you can go back home, and we can pretend that this never happened.
We don't even have to talk anymore.
Or you could come to the city with me, like we planned.
Are you hungry? You haven't had dinner yet, have you? No.
No? Let's go have a meal, we'll have a couple of beers, and, uh, we can talk things through.
You ever rid in a sports car before? (LAUGHS): No.
No? Well, come on.
Maybe I'll even let you drive.
Yeah? Okay.
Come on.
MAYA: Thank you all for coming.
My name is Maya Whitbeck.
I'm Jemma's mother.
She's my only child, and she's been missing for four days.
Please, if you have any information about where she might be, if you've seen her, please call 911.
Jemma, honey, if-if you can hear me, everyone is looking for you.
I love you.
I miss you so much.
I just want you home.
Thank you.
Help me find Jemma.
She's my best friend.
CASSIE: Hey, help me find Jemma.
RYAN: Everyone, up against the wall! And hands where I can see them.
Now! (PEOPLE SCREAMING, ALARM RINGING) All right, let's go! Let's go, let's go! OFFICER: Police! Don't move! Freeze! Drop your weapons.
Drop them! Hands on your head.
(HANDCUFFS TIGHTEN) Don't say a word.
Okay? Not a word! (INDISTINCT RADIO CHATTER) THALIA (OVER TV): My client didn't just Oh.
Look who it is.
It's Thalia Macera.
She was a 16-year-old child when she was ripped from her home I see her on TV all the time.
That woman loves a television lens.
Isn't that the victims' rights attorney? BENNY: She is no attorney.
She is a piranha with a license to practice law.
And now she is being charged with armed robbery, and facing 25 years in prison.
Talk about an injustice.
The ADA is the one who should be in jail for compounding this child's trauma.
Thank you.
No one in the DA's office could stand her.
She alienates everyone in the courtroom, and she's never met a victim she couldn't exploit.
I don't get it.
Why would Bull want to work with her? Bull and Thalia go way back.
When he first got out of school and started to practice as a forensic psychologist, Thalia was the first one to hire him as an expert witness.
It was the first time he ever set foot in a courtroom.
He says it was love at first sight.
Uh, the courtroom, not Thalia.
It's gonna be a tough case to defend.
It's pretty clear that the girl is guilty.
Well, I'm sure Bull has a theory, right? Yeah.
His theory is she did it against her will.
As to the why and the how, everything is on the table: brainwashing, exploitation, manipulation, fear, abuse.
BENNY: Terrific.
We got a guilty client, an impossible lawyer (CLEARS THROAT) and about a half dozen unproven theories with which to defend her.
Sounds like a dream come true.
(DOOR OPENS) (QUIETLY): You see that? How quickly Jemma reacted to Ryan's presence? He's really got a hold on her.
It's gonna be hard to make a case that she did what she did against her will when they're whispering in each other's ears like co-conspirators.
You want me to go stand between them? - Could you, would you? - (GAVEL BANGS) VOLK: Let's call the next case.
The People v.
Jemma Whitbeck and Ryan Mitchell? I'll hear you on bail.
Your Honor, Mr.
Mitchell has a criminal record: assault, fraud, larceny.
Given the incontrovertible facts of this case, the people request $250,000 cash.
Most of those cases you cited have been dismissed, and my client has never defaulted.
I would ask Your Honor to consider releasing my client on his own recognizance.
I'm adopting the prosecutor's recommendation.
250 cash.
What about his friend? Objection to the use of the word "friend.
" VOLK: Relax, Ms.
Macera.
I'll let you know when it's your turn.
On the matter of Ms.
Whitbeck, while she has no criminal record, the case against her is airtight.
She was caught fleeing the scene of the crime with the gun in her hand.
The people request bail in the amount of $100,000.
VOLK: Your turn, Ms.
Macera.
$100,000? It might as well be $100 million.
My client can't make that.
What are you asking for? I'm asking for a dismissal, and an apology from the prosecutor.
My client has suffered unimaginable trauma.
She didn't willfully commit this crime, and everyone knows that.
No, Ms.
Macera.
Everyone doesn't know that.
That's what we're here to determine.
And for the future this is just you and me here save the theatrics for the jury.
I'm setting the bail at $100,000.
(GAVEL BANGS) Tell the judge we have a motion, and we need it to be heard immediately.
Do it now.
- VOLK: Uh, next case.
- (CLEARS THROAT) Excuse me, Your Honor.
I have a motion and I need to be heard.
It's an urgent matter, and it cannot wait, and my client's constitutional right to due process is at stake.
VOLK: Motion to sever? That's what was so urgent? I got a courtroom full of people out there.
Separate trials are essential to our case.
There are two inconsistent defenses.
We fully plan on pointing the finger at Mr.
Mitchell.
Your Honor, two trials will be a waste of time and resources.
Both cases require the same witnesses, the same evidence.
There's no reason both cases can't be heard together.
I can give you a couple reasons.
First, if Jemma and Ryan are seated at the same table, it will send a subliminal message to the jurors that they are a team.
They are a team.
Second, victims of abuse are more likely to speak freely if their abuser is removed from the equation.
Hold on.
Abuse? Where is that coming from? There's nothing to back that up.
There's no witnesses, no medical reports of injuries What grounds do you have to support a claim of abuse? I have 20 years of experience working with victims.
VOLK: Yes.
But do you have anything tangible to present? Not just yet, Your Honor.
Because it doesn't exist.
Your Honor, the defendant was a willing participant in the robbery.
Your motion to sever is denied.
Without prejudice.
You can refile if you develop concrete evidence of abuse.
But until then, it's two defendants, one trial.
BULL: Good to have her back, huh? I had to drain her college fund, and take out a second mortgage on the house to make her bail, but yes, I'm relieved to finally have her back home.
Thing is, she's not the same kid she was when she left.
How could she be? - (KNOCKING ON DOOR) - JEMMA: Come in.
(PAPER CRUMPLING, RIPPING) Honey, what are you doing? You love those posters.
And your animals? If I have to stay here, can't I make it look the way I want? Of course.
You remember Dr.
Bull.
Mm-hmm.
Why don't you give us a minute? So what is it? She won't let you smoke in the house? Well, can't be about not letting your boyfriend visit your room.
He's still in prison.
Is it the hair? Your mom got issues with the hair? I'm just trying to figure out why you have all this anger towards her.
All she did was put together as much money as she could so you wouldn't have to sleep in a cell.
What do you want? I feel a sense of professional obligation.
I want you to understand how much trouble you're in.
You committed armed robbery.
You held up a jewelry store.
You're looking at 25 years in prison.
Stop me if I say anything that makes you give a damn.
What are you doing in my bedroom? You're not my lawyer.
No.
I'm the guy your lawyer called when she realized just how difficult it was gonna be to dig you out of the hole you dug for yourself.
Where'd you get the gun? I bought it.
Obviously, you didn't tell them who you were.
The whole country's been looking for you for the last 18 months.
I bought a fake I.
D.
online.
With what, credit card? Bitcoins.
Oh, yes, because he let you use the computer and watch TV and read the paper.
(DRAWER OPENS) Who's the president? Get out of my room.
Sorry, that was a tough one.
Which Kardashian is pregnant? So, how'd it work when you were hungry? Did you have a special word you'd use? What about when you wanted water, or to go to the bathroom? How about when he wanted something? Did he have a special pet name he'd call you, or did he just come and take what he wanted? I've been doing this a long time, and I know how it works.
He convinces you you can't live without him, and you can't, because he's got you under lock and key.
So you do the only thing you can do to make sense of it, the only thing you can do to survive.
You develop feelings for him.
But he's gone now, Jemma, and the only one who can save you is you.
You're not being disloyal or unfaithful by telling the truth about what happened.
It only feels like love 'cause you didn't know what other box to put it in.
When you're ready to fight for your life, give me a call.
But don't wait too long.
Justice is impatient.
(DOOR OPENS, CLOSES) Jemma Whitbeck grew up on Long Island, an only child, raised by her mom, Maya.
Mom and dad never married, and dad was out of the picture before Jemma's third birthday.
She was a solid student.
No hint that this kind of thing was in her future.
What about friends? She's alone in all these pictures.
Does she have any friends? Mostly on the Web.
Got it.
I can relate.
Wait, she was in high school and she didn't have any friends? No.
She did a best friend.
Cassie Walters.
According to her mother, they were inseparable.
And then, halfway through tenth grade, they had some kind of a falling-out.
And then, a few months later, Jemma disappeared.
So, what's the plan? Bull is convinced that Jemma is a victim.
He believes that she was coerced, - and he wants to argue duress.
- BENNY: Duress? Well, that's That's not gonna be easy.
Duress is an affirmative defense, which means that once the prosecutor proves that she was guilty of armed robbery, we have to prove that she was in fear for her life that the only reason that she committed this crime was because she was convinced that this guy Ryan was gonna kill her if she didn't.
Well, then, I guess that's what we have to do.
(GAVEL BANGS) BULL: People who are able to adapt to difficult situations will understand Jemma's plight.
They will see that what Jemma did was adapt to her circumstances.
She did what she had to do in order to survive, including rob a store at gunpoint.
So, what kind of characteristics are we looking for? We'll start with extroverts.
Thrill seekers.
Who here likes amusement parks? What's your favorite part? The rides? The roller coasters.
Anything that goes fast.
Mm.
We find this juror to be acceptable.
- How about you? - WOMAN: The games.
Ring toss, Skee-Ball.
And the food.
I like the food.
Me, too.
We'd like to thank and excuse this juror.
How about you? Does Disney count? Are you kidding? We love Disney.
We'd like to thank and excuse this juror.
But not just thrill seekers.
Agreeable thrill seekers.
THALIA: You are in a bar, minding your own business, and someone comes up to you and insults you - what do you do? - Me? I look the other way.
Sticks and stones will break my bones We find this juror to be acceptable.
People who are emotionally stable.
No neurotics.
You are gonna ask your boss for a raise.
How do you prepare? Just go in and ask.
We find this juror to be acceptable.
(ELEVATOR BELL CHIMES) (SIGHS) Hey, what are you doing here? It's past 7:00.
Finishing my report on Jemma's online life.
BENNY: Oh, is this the website where she met Ryan? CABLE: Yeah.
This guy was patient.
He took his time, got her to open up about herself, share intimate thoughts.
Not your first time at this rodeo, huh? Well I never ran away with a stranger, and I certainly never robbed anyone at gunpoint, but when I was 16, sure, I trusted some people I shouldn't have.
I fell in love with some guys I never met, and I had my heart broken by some men I now realize were probably three times my age.
What did we do before the Internet? (PHONE CHIMING) Oh, hold on one second.
Ah, it's Bull.
Excuse me.
Hey, what's up, boss? Oh All right, I'll hop a cab, I'll be right there.
(LOUD METAL MUSIC PLAYS BEHIND DOOR) (WHISPERING): She actually tried to visit him in prison.
Got the call two hours ago.
What's most concerning to me is she has no idea how damning this is.
That, all by itself, could completely sink any chance she has for acquittal.
I had to go to work.
She promised to stay home.
That was our agreement.
If we can't get this girl under control, not only are you gonna lose your daughter, you're gonna lose your house.
I-I don't know what to do.
I do.
(POLICE RADIO CHATTER) You told them to revoke my bail? You're sending me to jail? What kind of mother are you? I love you, Jemma.
Maya JEMMA: Get your hands off me! It's for her own good.
Get off of me! You're doing the right thing.
It's only for the duration of the trial.
Okay? She will be released as soon as the jury acquits her.
- (SOBBING, GASPING) - (CAR DOOR CLOSES) It's okay.
I feel like the bandleader on the Titanic.
Our client's totally disengaged.
It's like she's watching someone else's trial.
MARISSA: You need to keep your eye on juror ten.
How did we end up with a neurotic introvert who works for the post office? He's the opposite of adaptive.
BULL (QUIETLY): We were out of challenges.
And it was either him or the lady whose idea of a thrill is playing Skee-Ball.
(DOG HOWLS) (DOOR CREAKS) (DANNY SIGHS) I'd, uh, like to clean their stuff out of here, but they told me I couldn't until the trial was over.
You don't know when that's gonna be, do you? No, sir, we're not with the cops.
You have to check with them.
DANNY: How long did they live here? About a year and a half.
They were late on their rent just about every month.
CHUNK: Did you ever see the girl? Did you ever see Jemma? Once, that I can remember.
A couple weeks before the robbery.
I came to get the rent.
DANNY: Did you ever get the impression something was wrong? How do you mean? Well, did she look scared? - Did she try and signal you? - No.
A 35-year-old man with a 16-year-old girl? That didn't raise any red flags? I only saw her for a split second.
Could've been his daughter or his niece.
She had green hair.
I didn't know it was the girl everyone was looking for.
If I did, I would have called the police.
- (CAMERA CLICKS) - What do we have in here? (FLIES BUZZING) Think I found the guest room.
Oh Did the defendant, Jemma Whitbeck, enter the store with anyone? No, she came in alone.
I was helping another customer at the counter.
- PAPPAS: So she had to wait.
- WOMAN: Yes.
She was there for at least half an hour.
Objection.
No foundation.
Overruled.
Did she ever ask to use a phone? No.
Did she say she needed help? Objection.
Calls for hearsay.
Overruled, Counselor.
Did the defendant ever try to slip you a note or ask if there was another way out of the store? A back door? Okay, we get it.
She didn't try to escape.
Sit down, Ms.
Macera.
BENNY: Would you stop it? You are pissing everyone off.
MARISSA: It's a sea of red, Bull.
Not a speck of green anywhere.
Okay, I give up.
I'm going to plan B.
Let's find the ADA, see if we can cut a deal.
Well, come on, the ADA has no incentive to cut a deal.
Set up a meeting.
Let's see if we can negotiate a plea.
Maybe we can get the 25 years down to ten.
Ms.
Macera, let me take the lead on this.
I have a relationship with the DA's office.
Thank you.
Haven't done anything yet.
You don't honestly think I'm gonna dismiss the charges? No, but we were hoping you might discuss a plea.
Why would I do that? Softballs like this don't come across my desk all that often.
Be that as it may, you don't want to send an innocent woman to prison.
You're right, I don't.
But you haven't shown me anything pointing to innocence.
She was coerced.
She was in fear for her life.
Not according to your client.
You two should talk, get your stories straight.
Look, all I'm asking for is some proof.
A scar, a threatening e-mail, a cry for help.
- Something to back up your claim.
- We have proof.
We have an expert.
Dr.
Stephanie Messner.
Who? She's a shrink's shrink.
A world-renowned expert in the field of victimization.
And she will explain that Jemma was not a willing participant in the robbery.
I'll take my chances with the jury.
I've seen this doctor testify before.
She's good.
She'll prove you wrong, and she'll sink both cases.
Jemma will be acquitted, and so will Ryan.
Ryan? That's a stretch.
Well, credibility is a prosecutor's currency, and once the jury sees that you were wrong about Jemma, they are gonna question your case against Ryan.
And before you know it - reasonable doubt.
- Look, we're not asking you to dismiss the charges.
Okay? Just show some humanity.
She's a kid.
Will she testify against Ryan? I'm not doing that.
I won't do that.
Jemma, honey, listen to Dr.
Bull.
Let me make this simple for you.
If you don't testify against him, he's probably gonna testify against you.
- That would never happen.
- Why not? He doesn't want to spend 25 years in prison any more than you do.
You don't understand.
No, you don't understand.
(SIGHS) He doesn't love you.
He never did.
Everything he wanted you for, everything he wanted to do, he's done.
And if he wants to use you as a bargaining chip, he will.
I want to go back to my cell now.
Not yet! You need to tell that jury all of the awful things that he did to you.
Everything.
And only then is there a chance that we can make this go away.
But if you let him get the upper hand, he will continue to do what he has been doing to you.
Only instead of treating you like an animal, he is gonna get you to serve his prison time! GUARD: This meeting's over.
He's gonna trade you to the ADA like the thing he thinks you are.
Why would you let him destroy your life twice? If you're afraid, we will get you protection! Jemma, trust me! (LOCK BUZZES) (DOOR CLOSES) SKURNICK: Call your next witness, Mr.
Pappas.
The People call Ryan Mitchell to the stand.
Ob-Objection.
Uh, we haven't been given proper notice.
Counselor knows good and well the defendant doesn't have to give notice of his intention to testify.
Could, uh, all of the many legal teams come up to the bench for a sidebar.
You made a deal, didn't you? Someone want to tell me what's going on? Dr.
Bull and Mr.
Colón came to me last night, asking for a deal.
I made them an offer, which they did not respond to.
So, this morning, I made the same offer to Mr.
Mitchell.
And my client accepted.
So the kidnapper is going to testify against his victim? You two were very persuasive last night.
I mean, you have this important expert witness coming who threatens to damage my credibility with the jury.
I needed to be sure I could still secure convictions against both parties, like you said.
What did you offer him? Five years off the maximum.
So, he's getting less time than his victim.
She's his co-defendant, not his victim.
Mr.
Mitchell, step up to the witness stand.
The clerk will swear you in.
Did you kidnap your co-defendant, Ms.
Whitbeck? Of course not.
Uh, she came with me willingly.
I've never had to force her to do anything.
Objection.
She was under the age of consent.
She's an adult now and she's not pressing charges.
THALIA: Well, then I'll press charges.
Her mother will press charges.
PAPPAS: You can't, not without cooperation from your client.
Counsel, enough.
Ask him a question.
Sir, whose idea was the robbery? It was Ms.
Whitbeck's.
(GALLERY MURMURING) Hmm.
MARISSA: Not to add insult to injury, the mirror jurors find Ryan credible and compelling.
Well, they're idiots.
He's lying.
RYAN: She knew that we were low on cash.
And she told me about an idea that she had.
I laughed when she first put it out there, but she wouldn't give it up.
And, um I told her that I just can't handle a gun.
I can't carry a gun.
It's I just can't.
You know, there are certain lines that you just don't cross, and, um but she said that that wouldn't be a problem.
Eventually, I-I said sure.
This guy has no lines.
He has no limits.
Listen to him.
He's shameless.
PAPPAS: I'm gonna change the subject.
Some people would have us believe that you had your co-defendant under lock and key.
Did you? Of course not.
We were in love.
We lived together, but everybody could come and go as they wished.
But to the best of your knowledge, she never actually did leave.
Well, she did.
Once, she left for a whole day.
Did she tell you where she went? RYAN: When she got back, I asked her.
Objection.
Hearsay.
I'll allow it.
What did she say? She said that she went back home to Farmingdale.
PAPPAS: So you're testifying that she told you she left the house of her own free will and returned to her mother's house.
Did she have dinner? Did she stay overnight? No, she was back before dinnertime.
She told me that she was standing across the street from the house with a baseball cap and sunglasses on, and she could see her mother through the windows, but just couldn't bring herself to knock on the door.
And she just wanted to come back to me.
And that's what she did? That's what she did.
Prosecution has nothing further.
That ADA double-crossed us.
We went to him in good faith to cut a deal, and he turned it around and used it against us.
BULL: Come on.
It wasn't exactly in good faith.
You knew I was bluffing, and for all I know, so did he.
Still, using a man who abducted a minor to convict her, that's a first.
You know what else I think might be a first? Every one of our mirror jurors is red.
The whole jury, not an inkling of green.
You don't have a lot to say, boss.
I was just thinking about the upside.
The upside? (LAUGHS): Wow.
Marissa, cut him off.
Oh, no.
Ryan's no longer part of the case.
He's been dealt with.
He won't be in the courtroom anymore, which is what I wanted in the first place, for Jemma to have her own day in court.
What, should we be lining up any new witnesses? Like who? There are no witnesses.
That's part of the problem.
Well, what about the pictures that Danny and Chunk took at the shack? They're really compelling.
Oh, they're nothing.
Picture of a pillow and a bucket in a tiny closet? Doesn't mean a thing unless Jemma gets on the stand and says, "That's where I slept.
That bucket was my bathroom.
" Any chance she changed her mind? I think we're getting close.
But she's so mired in shame.
Even when Ryan was talking about how she couldn't bring herself to go home.
I was watching her.
You could see it.
She she had a story to tell, but she was so ashamed of that story, so ashamed of what she did, of what he did to her.
And I'm sure she feels completely alone.
And when she walks into that courtroom, and there's nobody there, just her mom and us.
BENNY: Remember all those people who were searching for her? Friends, neighbors? Where are they now? Benny, that's an excellent question.
Jemma and I always talked about coming to this school, being roommates freshman year.
Best friend talk.
I can relate.
We met in first grade.
Did everything together.
Girl Scouts, Model U.
N.
, robotics camp.
What happened? I mean, when she disappeared, you guys hadn't been speaking for a while.
I don't know.
Yeah, she got weird.
- What do you mean, weird? - She was moody.
Never wanted to do anything.
She just, like, stayed in her room alone.
She might have been mad at me.
It was right around the time I joined the debate team.
And then I got a boyfriend and I guess she felt left out.
Do you miss her? Of course.
Would you be willing to do something for her? When Jemma went missing, you were the people who searched the woods.
You put up posters, you marched in candlelight vigils.
Well, I'm here to ask you to be there for Jemma again.
Thank you for welcoming me to your church.
To Maya Whitbeck's church.
To Jemma Whitbeck's church.
Now, I know that when Jemma first disappeared, it was you, it was this congregation, that organized the search parties and that sent her your prayers.
Well, Jemma needs you again.
I know you've all heard a lot of terrible things since Jemma first vanished 18 months ago.
But just because you hear something doesn't make it true.
And we can't fairly judge anyone if we don't have the full story.
The prosecution is done with his case.
And now, it's our turn to present a defense.
I'm gonna be honest with you.
Jemma, I'm having a really hard time figuring out what that defense could be.
Doesn't matter.
BENNY: The jury, they need to know how he treated you.
How he coerced you.
It's it's the only way we can win.
It's okay, let's just be done with it.
I'm I'm ready to serve my time.
There's a part of me that's looking forward to it.
I believe you believe that.
But it's just not true.
Come on.
Let's go to court.
You ever heard of "learned helplessness"? It's when people feel they have no control over their lives.
They see no future.
They resign themselves to just getting through the day, to surviving.
Sound familiar? So many people care about you, Jemma.
So many people understand the awfulness you've been through.
They may not know the particulars, but they know how dark it must have been.
They can't wait to see you again.
Show you the light.
No, you're wrong.
No one cares.
Maybe just my mom, but the truth is, she'll be better off without me.
(GALLERY MURMURING) GIRL: Hey, Jemma.
Everyone at school says hi.
BOY: We're glad you're back.
GIRL 2: Love you, Jemma.
GIRL 3: So good to see you.
Cassie? I missed you so much.
I'm sorry I wasn't there for you.
You must have felt so alone.
God, it's so good to see you.
It's so good to see everybody.
So what do you say? Tired of just surviving? Ready to put up a fight? I think I am.
I think I'm ready to testify.
When I started chatting with Ryan online, I was only 16.
He said he was 18, and he seemed really nice.
Were you surprised by his age when you met him in person? Yeah.
So why did you go with him? I-I know this sounds stupid, but I felt like I knew him.
We'd been talking for months.
I trusted him, which I know sounds ridiculous.
So I-I said I'd I'd go have dinner with him.
Just dinner, that's it.
W-We had dinner, and then, he said he was going to drive me home.
We stopped at one point 'cause he said he had wanted to show me the stars.
It was the middle of nowhere.
We got out of the car to look, and that's-that's when he told me h-he wanted to have sex with me.
I was I was really, I mean, I was shocked, and (SNIFFLES) I told him I'd never done that before.
I was shaking, and really scared.
And at first, he seemed okay with it, so I so I calmed down for, like, a second.
And then and then, that's when he pushed me to the ground, and did what he wanted.
THALIA: (CLEARS THROAT) Did you cry? Yeah.
Did you scream? Yeah.
But no one heard? I finally fell asleep, or passed out there on the ground, and when I woke up, he, um, had zip-tied my hands and feet.
Then he he covered my mouth with this thick tape.
Carried me into the car and, um, then he laid me across the back seat, and then, it felt like we drove for hours.
That's that's where I lived.
In the closet, mostly.
He threatened me, he beat me, he and he, and he, you know, he wanted sex.
All different kinds.
THALIA: At some point, did his behavior change? JEMMA: Well, a few weeks in, I stopped putting up a fuss.
I just did whatever he wanted, made him think I liked it.
That seemed to work, because he things got better.
He stopped beating me, and he let me out of the closet.
Jemma, at some point, did you develop feelings for him? I know this sounds crazy, but yeah.
Um, he he fed me, he, um, he bought me clothes, he he was scary, but he also, he he took care of me.
Or it or it felt like it.
He would use the word "love," but I know and I realize now, that for me, it was just about surviving, staying alive.
Jemma, was it your idea to rob the jewelry store? (JEMMA CHUCKLES) I've I've barely ever been in a jewelry store.
I've never even had my ears pierced.
He said he'd hurt me if I didn't do it.
If I didn't buy the gun, and do what he said.
He said he'd hurt my mom.
He said he'd find her and do to her what he did to me, so I just I just went along with it.
I didn't know what else to do.
I'm-I'm I'm sorry we scared those people, 'cause I know how that feels.
Ryan said, at some point, you went home.
Like, a month before the robbery.
He was in the yard, and I, um I just, I grabbed the car keys.
I made it all the way home.
But I couldn't couldn't go in the house.
Were you afraid he'd come after you? Yeah, that was that was a big part of it, but but it was more than that.
I just felt so, like I just felt so dirty.
I mean, I-I went with him.
I thought it was my own fault.
And I-I couldn't I couldn't face my mom, I couldn't face anyone.
Talk to me.
I can't explain why, but we have a juror ten problem.
Ten? Yep.
You don't get to this guy, and you are staring at a mistrial, in which case, Jemma stays in jail, and we get to do the whole thing all over again.
You're a real downer, you know that? No further questions, Your Honor.
The defense rests.
Can I just say one more thing? Go on, Ms.
Whitbeck.
I just I just want to add that that I love my mom.
And I love my friends.
(SNIFFLES) And I-I love my life, and I-I'd love a second chance to live it.
There's only one explanation.
That guy's dead.
I'm gonna ask Benny to go over there and close his eyes.
SKURNICK: Ladies and gentlemen, let's, uh, take a 20 minute recess.
Oh, boy.
Trashcan basketball.
You're worried about the verdict.
Well, three days is a long time.
We've waited longer.
I got a bad feeling about juror number ten.
- (PHONE CHIMES) - Oh.
Well, trashcan basketball worked.
That's the clerk.
The judge wants us back in the courtroom.
You go ahead.
Uh, I got to make a call.
I will meet you there.
Okay.
Someone get me ADA Pappas on the phone! This doesn't look good.
Members of the jury, I've been handed a note that informs me that you are at an unbreakable impasse.
Is that true? Yes, Your Honor.
You're unable to reach a unanimous verdict? And you believe that further deliberation will be futile? We tried.
It's 11 to one to acquit.
SKURNICK: (SIGHS) Then I have no choice.
I find this jury to be hopelessly deadlocked, and I am declaring a mistrial.
Jurors, thank you for your time and consideration.
You're excused.
All right.
Let's set a date for a retrial.
N-No, I I can't go through this again.
Your Honor I got a call this morning from Dr.
Bull.
He reminded me of something counsel said at the outset of the case, that prosecutors are supposed to protect victims, not prosecute them.
The jury's verdict isn't lost on me.
11 to one in favor of an acquittal.
It's not unanimous, but it is powerful.
And I listened carefully to the defendant's testimony, and I found it credible.
SKURNICK: Is there a motion to dismiss - headed my way? - Yes.
Your Honor, the people move to dismiss all charges - against Ms.
Whitbeck.
- (GASPS) PAPPAS: Dr.
Bull also informed me that Ms.
Whitbeck is willing to testify against Ryan Mitchell.
With that in mind, I'll be filing additional charges for sexual assault and kidnapping.
SKURNICK: Then, this court stands adjourned.
(GAVEL BANGS) (DOOR CLOSES) If you want to smoke, it's okay.
Not smoking anymore.
I'm trying to put all that away.
All that behind me.
Right.
I am so happy you are here.
I am so happy you're back.
Me, too, Mom.
Can I make you something? Can I get you something? Is there anything you want? No, I just I just want to sleep.
I just want to open my eyes and see that it's morning and sunny out and that I can start all over again, make everything right.
(KISSES) Mmm.
If you need me, you know where I am.
(CHUCKLES) (DOOR CLOSES) (COMPUTER CHIMES)