Burden of Truth (2018) s03e06 Episode Script

- Come on! Oh! - Yeah! She won't stick around long.
You know that, right? You're in way over your head.
Come near my family and you're dead.
It's kind of hard sitting around, watching your best friend live the life that you were supposed to have.
- You want my job? Take it.
- If this is correct, Millwood Family Services is apprehending children at twice the national average.
Your school survives off of children in the system, yes or no? This is baby Carter.
How can there be an open case for neglect on a baby that's not even born yet? Oh, we know what kind of chief you really are.
You don't think I can handle it? Make sure none of your officers get knocked out with a lead pipe? I just need a few days to settle this thing with Mercer once and for all.
Please, let this go! Kodie's test was administered by Clear Dawn Labs.
We did this again with two other subjects.
All false positives.
All from your lab.
We sue Clear Dawn Labs, we break a chain in that system.
Whatever you're feeling right now is OK.
- What? - You're pregnant.
So your blood pressure and your heart rate are good.
You've got a healthy bod to grow this baby.
How far along am I, exactly? You are roughly seven weeks, but we won't know for sure until we do the ultrasound.
OK, so how long can a person work in this condition? It's a pregnancy.
We haven't called it a condition since the '50s, but, it really depends.
Depends on-on what? Depends on the pregnancy and the person.
There's a lot of personal, hereditary factors.
Do any of those hereditary factors include mental illness? Yes, some.
What about sociopathic tendencies? Yeah, that's just my side.
His side's riddled with mental illness, garden-variety addiction, so we're pretty much screwed, right? No no, I wouldn't say that.
When is my next appointment? I can have my receptionist book your 10-week ultrasound.
I will have this much more under control by then.
Well, good luck with that.
It's been my experience that pregnancy is the last thing anyone can control.
Doctor, I just have one more question.
OK.
Do you thing that I should proceed with this pregnancy? Well what do you want? I wanna get back to work.
Joanna! Mr.
Feldman? Oh, thank you for calling me back.
I just wanted to talk to you about your role at Clear Dawn.
Uh-huh.
Yeah, no, that's-I-I understand.
Thank you for taking Let me guess, another Clear Dawn board member told you to go screw yourself? Not in those words exactly.
That's three strikes in a row.
Don't give up, Crawford.
We never thought that finding a whistleblower would be easy.
Maybe the board is not the right place to look.
They're all toeing the company line.
What about former board members? Yeah, Luna and Cat are looking into a lead.
Clear Dawn Labs, processed 700 tests last year, and we know that at least three of those were false positives.
Someone else knows more.
Maybe we're going about this the wrong way.
700 tests, Joanna No, this case is too complicated for a class action.
- With Kodie alone we're just - Just leave it, please.
OK.
You wanna talk about the other thing we're working on? How was the appointment? I'd rather talk about the class action.
Look, I really would've liked to have been there.
I told you, I just I need some time on my own with this.
Joanna, you can't just spring something like this on me and then shut me out.
It's Luna.
Hey, what's up? Can we add Callie Sparrow to the class? No, because we are not certifying as a class.
OK.
Well, then can we at least take her on as a client? Sorry, we don't have the bandwidth.
But Joanna, she needs our help.
A lot of people do.
Luna, you know what is involved in a class.
We cannot do this.
Joanna? Hey.
Cat here.
What if I took the lead on Callie? - I'm ready.
- No, you're not.
Any luck with the board members? - Not yet.
- OK.
Well, keep digging.
Hey.
Hey! Slow down! Hey! She's giving us more grunt work.
Yeah! Because if you haven't noticed, we're the grunts, babe.
I know, but I'm worried about Callie.
They're going to take her baby.
Not if you stop them.
If Callie makes Kodie's case stronger, Joanna can't object.
So you're saying we can take her on if I can figure out how? You're a quick study, grunt.
What about hunting former board members? - I got your back.
- Thank you.
You'll owe me one.
Now go, make a good case for Callie.
Everyone sees the upside on this.
I also see the very steep downside.
Why don't you? That might be important.
It's not.
It's my father.
Hey, speaking of fatherhood Look, I just wanna know how I can support you on this.
- Joanna Chang.
- It's like you plan these.
Yeah, I know the place.
I'll be there.
It was Clear Dawn Labs.
They wanna talk.
Your lawsuit is off the mark.
Your facts are wrong.
That's for a jury to decide.
Look, Clear Dawn Labs is not some evil enterprise.
They're a nationally respected medical facility.
We're not pulling our complaint.
I'm considering lava cake for dessert.
And a countersuit for defamation.
My client has nothing to take.
Maybe we'll sue you Personally.
That would be a bad idea.
Clear Dawn Labs would like to offer your client 25K.
- A settlement? - No admission of fault.
In exchange, we require your client's legal agreement not to speak publicly about the case or pursue any further legal action.
My client has suffered significant emotional trauma.
She wants her children back.
My client doesn't have her children.
No, but your client's faulty drug test is the reason for their apprehension.
This isn't about the money.
It's always about the money.
We reject your offer.
You're obligated to relay all settlement offers to your client.
- Gord.
- Boss.
Got the haul from the Fisher bust? It's my first.
Never held a pound of cocaine before.
Yeah.
The Crown asked me to, uh, bring it to them first.
They, uh need to take some photos for the show cause hearing.
Aren't they supposed to make a formal request for that? Ah, there's always exceptions to the rule.
This is one of them.
Ahem.
Whatever you say.
Yeah, yeah.
Don't worry.
I won't tell the chief.
Ahem.
Taylor.
I didn't have anywhere else to go.
Come in.
I can't fall asleep and when I finally do, I- I can't get up out of bed.
Sounds like you're depressed.
Have you been to see a doctor? No.
I don't know what to do.
What about Luna? Well, she's busy, she's working.
She hasn't really been around much.
Oh, sweetie.
You always told me I could do anything.
You can do anything.
Whenever I try, it goes wrong.
Miss Evans What is it, Taylor? You can tell me.
- I did something stupid.
- OK.
Well, if you're in trouble, we can help you, but I need to know.
So, um, there's this guy.
He used to work for my dad.
He's a piece of crap.
And I wanted to bring him down.
Did he hurt you? Just really scared me.
I don't know why I couldn't let it go, and now I really don't know what to do.
You know enough to ask for help.
You are welcome here any time.
Hey.
You are not alone.
You have people who care about you.
Don't ever forget that.
What are you doing here? - You never texted me back.
- Now is not a good time.
- We need to talk.
- Cal, who is it? No one! Wait, are you still dating Eric Chee? We've been on and off again since high school.
Well, I don't care about him.
I'm here for you, to represent you.
- You represent me? - My firm would.
We just need more information about your drug test.
This is "no one"? Looks like little Luna Spence.
How was the clink? Eric, don't be a dick.
You selling insurance now or Luna's law firm wants to represent us in our case.
What case? Against Family Services.
Well, actually, it would be against Clear Dawn, the lab that executed the drug test you failed.
Callie, you slipped up.
A lawyer can't change that mistake.
I've told you a million times, I wasn't high when I took that test.
How can you tell if an addict's lying? Her lips are moving.
Heh heh.
You know, they, uh, they make that same joke about lawyers.
Look, I believe you.
We can prove it, and we'll take care of you.
I take care of my family.
We didn't ask for your help and we don't need it.
Do we, Cal? I'm sorry you came all this way.
How we present this offer will determine how Kodie reacts.
She wants her kids back, not money.
Maybe she should take it.
You're not serious.
I'm just playing devil's advocate.
They took her kids away from her, Billy.
No amount of money will ever bring them back.
I'm not talking about the money.
I'm talking about being able to focus on the criminal trial.
She's not gonna see her kids if she's in prison.
That'll get thrown out entirely if we can prove that her kids were wrongfully taken.
We need to focus on Clear Dawn.
Well then, we're gonna need more leverage.
Don't.
Why are you so dug in on this? Because this is about Kodie.
It's not just her.
It's bigger than her and you know that.
If we file a class action, Kodie's kids will be in college, by the time we go to court.
I don't think that's what this is about.
So why don't you tell me what it is? I don't wanna talk about it, Billy.
Let's just focus on the case.
Oh, sweet baby Jesus.
This is really not what I need right now.
Billy! You haven't been calling me back.
Yeah, that's how ignoring people works.
I heard you might be going after Clear Dawn Labs.
- Wait, how do you know that? - This is Millwood, kid.
Everybody knows everything.
Look I know a guy from the program who works there, in the lab.
Oh, you're back on the wagon.
Yeah, six days.
Look, I know it's not much but you gotta start somewhere, right? This guy could maybe help your case.
I don't need your help.
I know, but just in case This is where we'll be.
We'll be there.
It's too late for a settlement.
It's too late for any of this.
I got this in the mail today.
- This can't be right.
- 90 days.
They're making her kids permanent wards of the state.
90 days.
How long after that until they're adopted, and gone forever? Is that legal? I'm sure after my joyride they can do whatever they want.
OK.
We can use their offer to our advantage.
They want us to lay down but we can't.
You tell me to stay strong and be brave, but I'm here all alone.
You aren't alone in this, Kodie.
So many other mothers have gone through this and it's time for us to bring them into this fight.
We are gonna force the courts to hear us because we'll be too loud for them not to.
We're going to certify as a class action.
OK.
Here's a list of potential plaintiffs, people who may wanna join our case.
This isn't a lot to go off.
The redacted files were all we had.
It's enough, we just go door-to-door, give them our pitch.
We need as many people as possible.
I don't see Callie's name on here.
Do you mind if I Go.
We need as many names as we can get.
I'm all over it.
Hi, Mrs.
Caden.
My name's Joanna Chang.
I'm a lawyer for Hi.
I'm Catherine Carmichael from Crawford Chang.
We've recently begun litigation on a class action lawsuit Hi.
I'm from Crawford Chang.
Whatever you're selling, I already got three.
I'm not selling anything, Susan.
I wanted to inform you that we've begun a legal action against Clear Dawn Labs.
And I was wondering, if you'd be interested in joining our suit.
I heard about this.
You and Billy Crawford.
- The ones that sued the mill.
- Yes! We were able to successfully win compensation, for the victims in that case.
I don't want anything to do with you two.
We're here to help you.
My husband worked at the mill.
When it closed down, that's when the Couldn't pay the bills at first.
Then, we couldn't buy food.
Then, they took Angie.
I am so sorry.
Please don't pretend you care about me, OK? You're the reason I lost my kid.
- Callie? - Oh! Oh, jeez.
- You scared the crap out of me.
- Sorry.
Look I can see you're in a bad spot.
It's a lot more complicated than that.
Callie, we're starting a class action against Clear Dawn.
He doesn't think getting involved is a good idea.
All due respect, but Eric doesn't know what he's talking about.
You've never liked him.
Because he's jealous, and manipulative.
He hasn't changed since high school.
He's protective is all.
He wants what's best for his family.
And what do you want? If you were clean when you took that test I was, Luna.
I swear to God.
Then you're entitled to damages.
Money? Might be a fresh start.
Just you and your baby.
He'll never let me go.
He doesn't have to know.
You can come and stay with me.
Let me help you.
- I don't think I can.
- Don't think.
Just do.
I - You have a nice day now too.
- This isn't working.
I don't know.
I'm getting used to doors slamming in my face.
At this rate, it's gonna take months if not years to get people to sign on.
We'll get faster and more efficient.
They aren't even sticking around to hear our pitch.
We need something that's gonna work fast.
I have an idea that I hate.
Ahem.
And ready.
And action! Have your children been apprehended, because of a faulty drug test at Clear Dawn Labs? Did you know, in your heart of hearts, that the results were wrong? - I It's my - On Thur No, it's my line.
It's my line.
On Thursday, we'll be holding a meeting.
You know what, I can't do this this.
I can't do this.
If my father could see me now Well, maybe it's a good thing he can't.
I can't do this.
Which "this" are you talking about? All of it.
Well, whatever you wanna do, I got your back.
I wanna get Kodie her kids back and a class action is the best way to do that, I know, but I can't get through this stupid commercial.
You're overthinking it, Chang.
I've seen what your passion can do firsthand.
Just attack it like a closing argument.
Be immaculate with your words.
- Hey, you got that from - You.
Yeah.
Let's go have some fun.
Were your children apprehended, because you failed a Clear Dawn drug test? Did you know, in your heart of hearts, that the results were wrong? You didn't fail the test.
They failed you.
At Crawford Chang, we have your interests at heart.
On Thursday, we'll be holding a meeting, to discuss your legal options and find a way to give you what you deserve.
Together.
Well Now we just have to wait and see if people show up.
They will.
They have to for Kodie.
I'm more worried about certification.
One thing at a time.
- We've been here before.
- Not with this much at stake.
Still, a pattern of false positives? We have experience in this kind of suit.
Except this time, we don't have my father to blackmail.
That's not why we won.
You know that isn't true.
And if I could find us a whistleblower? If.
Until then, I can't drink, so let's call it a night.
And we're still not gonna talk about that other thing? After we win certification.
I don't know what's got a harder hold on me, you know? The The ponies or the booze, or Women or food.
Hello, my name is Hank and I'm addicted to everything.
I've been clean for, um Seven days.
And the last time I used, I was with my son Billy, here.
I hadn't seen him in a lot of years.
And I had to go and screw it up all over again.
I don't know if I'll ever forgive myself for that.
Must be weird for you, being back.
"Just when I thought I was out," "they pull me back in.
" Who's "they"? It's from The Godfather, Part III, but still.
Eric doesn't like going to the movies.
There's a movie club at U of M.
They play old classic movies.
Kind of awesome.
I've never been to the city.
What?! Eric says we have everything we need, right here in Millwood.
There's a whole world out there and it belongs to you and your baby.
I do like the sound of that.
You really think this is gonna work out for me? Saw that commercial.
You didn't think I could find you.
I've got this.
Can I talk to you alone, please? Look, whatever you have to say to her, - you can say to me.
- Luna, don't.
- Come home now.
- No! GET IN THE CAR! I'm not getting in your disgusting car.
Well, who's gonna take care of you? I can take care of myself.
God grant me the serenity to get through this putrid coffee.
- Shaky.
- I'm Billy.
You worked for Clear Dawn Labs? Why are you asking? I'm the lawyer.
I'm working on a case.
Against Clear Dawn? - My dad didn't tell you? - No.
Probably knew if he did, I wouldn't have shown up.
Alright, so anything you tell me is 100% Anonymous.
Sure.
Here.
But outside these walls? Tell me what you know about Clear Dawn.
You have my guarantee of absolute protection.
- 500 bucks.
- Sorry? Cash.
Let's find somewhere quieter to talk.
Where are you taking me? I told you, it's a surprise.
And I told you I hate surprises.
You managed to get me out of the house so that Special dispensation.
I promise you, it'll be worth it.
Joanna, what's going on? It is a meeting with potential plaintiffs, other people in the same position as you.
Right this way.
You told me I wasn't alone, and then you go and prove it.
That's the job.
Joanna thank you.
Thank you all, for showing up on short notice.
We've filed a statement of claim against Clear Dawn Labs for negligence.
We have a strong case but if we stand together, we will be stronger.
In the short term, if we're able to certify as a class action suit, we will have sufficient evidentiary weight, to file an interlocutory injunction to halt any and all child adoptions.
It would stop any children who have been removed from your custody from being adopted until the conclusion of the trial.
Anyone interested, please just head over there and sign our retainer agreement so that we can officially represent you.
Don't be shy, just Head on over.
Maybe you have questions first? I don't really know anything about DNA markers.
I work in accounting.
What we need is someone to testify that the science is bad.
If you're only thinking about the science, you're not looking at the bigger picture.
OK, so where should we be looking? Somewhere that could be dangerous.
You sure you wanna go there? - I don't know.
- "I don't know" is the greatest prayer in the world.
Look at the volume.
The number of tests performed? Budget for tests is static, even when the number of tests went up.
They did 700 last year.
Up from 500 the year before.
If we're doing more tests it should cost more.
So someone's cutting corners.
We can go somewhere else if you want.
No, no.
Here is as good as anywhere.
I guess I'm just not that thirsty.
I'm actually thinking about heading back to the city.
You just got here.
Country air'll do you good.
That's not how air works.
Alright, chug that back.
Let's get out of here, boys.
- Same time next week, Sammy? - You know it.
What's wrong? I just forgot how small this town was.
Why can't you ever run into people you like? Because if you like someone, you're supposed to go out and find them.
And apologize.
Apologize? I'm just guessing that we're talking about Luna.
Look, whatever you did, or think you did, it's not as easy to break a connection as you think.
Hmm.
Has anyone ever told you how good you are at what you do? Yes.
But it's always nice to hear it again.
Yeah, she helped in the bar crawl last week.
See that there? Yeah, it looks alright, eh? Hey! Well, why aren't you suing Family Services? They're the ones who took our kids.
That's a good question.
Um, Millwood Family Services is just doing what they're obligated to do, but they are acting on bad science.
Clear Dawn's drug tests are the real culprit here.
What about the kids that have already been adopted? Adoptions are typically permanent.
That's not a reason to give up.
There's still hope.
Hope of getting paid? I mean, that's what this is really about, right? Money is how the civil courts measure wins and losses.
It's just the reality.
And you'd take a cut? That's not why I'm here, if that's what you're implying.
Money damages are leverage.
Like I said, when we win, we will have cut the head off Clear Dawn.
My child is gone.
Money can't buy her back.
This is about getting all of you through this together.
Why shouldn't I get my own lawyer? You're lumping me in with all these people.
What do you mean by that? Nothing.
Are you calling me a racist? Don't have to.
Get out of my face.
Everyone, please! Please.
You have all been through a lot.
But we are stronger if we do this as a team.
And why should we trust you? Someone who isn't even a mother.
Another excellent question.
Why should you trust someone who isn't a mother? - This is funny to you? - No.
No, this isn't funny at all.
It's just I'm pregnant.
I don't know if I can be one a mother.
I don't even know if I want to be one and I am standing in a room full of reasons not to be.
And that terrifies me.
But this isn't about me, although I've kind of turned things that way.
I'm sorry.
This isn't how I intended to do this.
Any of this.
I cannot imagine how difficult it must be to be a parent.
And and I know That you didn't do what they said you did.
So let's make this about getting you justice and bringing your children home.
That was the craziest-ass pitch I've ever seen.
But oddly effective.
It looks like we've got our class.
The drug tests are our foundation.
We're not trying facts today, but objective data is always a good weapon.
You told me certification was just a checkmark, not The Hunger Games.
They're not gonna pull any punches, neither do we.
I think they counter that our claim is meritless.
Good thing we have proof it's not.
Or maybe that the class is overbroad.
Our class is specific.
We just need to posit enough facts for a reasonable expectation for trial.
- We're good, right? - You got this.
We've got this.
We are seeking to certify a class of parents whose children were unjustly apprehended into government custody due to the negligence of Clear Dawn Labs, who willingly and knowingly implemented a flawed chemical analysis system that misrepresented our clients as drug users Our proposed class have all suffered tremendously, both financially and emotionally.
If you will turn to the analysis completed on September 15th.
Heard about the big town hall meeting.
Figured you'd be here.
Used to hang out at this spot all the time.
I think I smoked my first joint under this very tree.
That was not pretty.
Molly and I had our first kiss here.
Eugh.
I mean, is the tree cursed? Pretty sure it's just a tree.
Uh That day at the office, when I said you were living my life I'm really sorry.
You don't need to apologize.
Well, too late.
I just did.
You were just trying to help.
And sisters fight.
And they forgive.
Is that what we are? If we choose to be.
What if I keep following that John? Depends, are you gonna catch him? Well, I need your help.
I caught him meeting with Sam Mercer.
Wait.
How often does this happen? Every week.
Same time, same place.
Taylor, you want my help? You need to show these to Owen.
Please turn to the submitted documents.
We have 27 signed affidavits, of parents contesting Clear Dawn's test results.
And an independent, drug-free test of Mushkode Chartrand, who'd still have her children if not for the negligence of Clear Dawn Labs.
Your Honour, these allegations against my client are offensive and hideous.
Wow.
Tell us how you really feel.
Ms.
Chang.
Don't mischaracterize the claims.
We're not here to argue facts, but even if those facts are true, the proposed class is overbroad.
I mean, yes, they've had their children taken, but the how and why vary drastically in timing and circumstance.
And so even if the tests were flawed, and we are not conceding that, the plaintiffs would have to prove that in each individual case, that was the direct cause of the apprehension.
The differences in cases make a class action overly complex and will drain the court's resources.
It is simply not the preferable course.
Thank you.
Your Honour, I request a recess.
On what grounds? I'm pregnant.
- Relevance? - I have to pee.
Fine, eh Let's take 10 minutes and we'll finish up.
One minute.
You just told a judge you had to pee, so - we must be in trouble.
- We are.
Billy We are going to lose.
All these people put their faith in me and I'm about to let them down.
Hey, you do not stop fighting until the fight is done.
That one's also you.
You're very quotable.
So wipe the sweat off your face and get back in the ring.
If this is what being a mother's like, constantly not being good enough, disappointing people, disappointing yourself it gives me a whole new appreciation for my own.
Well, you should tell her that After we win certification.
And how are we going to do that? I don't know.
But win or lose, at least those 27 women know it wasn't their fault, and keep fighting.
How? They can't even afford their own lawyers.
Wait.
Billy, that's the argument.
You're brilliant.
None of my clients could afford me, Your Honour.
Are you bragging? Are you, Ms.
Chang? I am simply stating an indisputable fact.
They couldn't afford you either.
Or you, Your Honour, back in the day.
All of our clients live below the poverty line.
They have limited economic means, limited access to justice.
These people are poor.
That doesn't magically give her case merit, Your Honour.
Why don't you let me decide that, Mr.
Page? She's playing on the court's sympathies.
I'm not playing at anything.
This isn't a game.
These are children we're talking about.
Being poor in this country means that you're more likely to have your children taken.
That's a fact.
And it makes it 10 times harder for you to get those kids back.
Also just a fact.
- Your Honour - Let her finish.
Being poor is the commonality here.
Certification is these parents' only chance at justice.
And a class action Is their only viable legal recourse.
Thank you, Your Honour.
Do you think I made a mistake with Callie? You mean inviting her to stay with you? You're impulsive, but in a good way.
I'm worried it might be too far.
Joanna's always talking about maintaining our objectivity.
Well, I don't think Joanna would ever let her client crash on her leather sectional.
Callie was a friend first.
It's tough to be a good lawyer and a good friend.
I'll find a way to be both.
It's amazing, you know, how much you care about people.
Be careful.
I can manage.
All good.
Everything's in there.
I re-sealed it.
I'll have to check it.
Not that you did anything wrong, but It has to match my report.
Of course.
- You're doing a good job, Officer.
- Thank you, sir.
With all due respect You shouldn't let lawyers push you around.
My dad's a lawyer.
I know they can be bullies.
Uh-huh.
Well, they're always looking for shortcuts.
That's for sure.
Police procedure takes long, but there's a reason we do things the right way.
Not that I have to tell you that, sir.
Yeah, but still.
It's nice to be reminded.
- Taylor.
- Hey.
I think there's something you need to see.
I'm not supposed to drink coffee.
- It's chamomile tea.
- Oh.
Great.
I'm 80 now.
With a shot of bourbon in it.
You know, I have never seen a better summation.
Thank you.
I wish Kodie was in there.
She was.
They all were.
I know.
I don't know what's wrong with me, I Think it must be the hormones.
The facts are on our side now, we just Hope the judge is too.
God grant me the serenity to accept the things I cannot change, the courage to change the things I can and the wisdom to know the difference.
It's out of our control now.
Yeah.
That's why I hate this part.
What are we doing? We're sitting in a park.
I'm drinking potpourri and waiting for a judge to decide our fate.
No What are we gonna do? What do you wanna do? I don't know.
And I hate not knowing.
Shaky says "I don't know" is the greatest prayer in the world.
Who's Shaky? - They're ready for us.
- Hey.
Whatever happens in there, and whatever we decide I love you.
I know.
I know we're not here to determine the merit but there is a case here, and every one of these people deserves their day in court.
Individually.
It is the court's decision that a class action is not the procedure for resolving this conflict.
- Your Honour - The court denies certification.