Bull (2016) s03e07 Episode Script
A Girl Without Feelings
1 (DANCE MUSIC PLAYING) TORIN: Tally.
For God's sake.
That was a hundred dollar bottle of liquor.
(PEOPLE GASPING) Just say you won't do it.
I'm not gonna have that conversation with you here, sis.
It's supposed to be a party.
When are we gonna have it? Were we ever gonna have it? Or were you just gonna do what you were going to do? - You're acting crazy.
- (SCOFFS) Crazy.
Is that why you're doing this? Because I'm so crazy? You haven't seen crazy.
WOMAN: Tally Don't you dare.
Hey, everyone just chill.
Okay? It's a party.
(TRUCK BEEPING IN DISTANCE) (GRUNTS SOFTLY) (LINE RINGING) OPERATOR: 911.
What's your emergency? (CRYING): Oh, my God, you have to help me.
I think somebody's murdered my brother.
Oh, my God.
Please, please.
There's so much blood.
I don't know what to do.
I need you to stay calm, ma'am.
Help is on the way.
Thank you.
Thank you.
(SNIFFLING) (SIRENS APPROACHING) NEWSCASTER: Tally North, ethereal downtown party fixture, trust fund poster child, is accused of killing her brother Torin North, a rising tech superstar, in the Chelsea loft they share, and into which they poured several million dollars following the death of their wealthy parents in a private plane crash.
(PANTING) (WHISPERS): Tally.
(ALARM BUZZING, LOCK CLICKING) (HANDCUFFS CLICKING) You have new glasses, Dr.
Bull.
It's nice to see you too, Tally.
It's been 12 years.
I like them.
Thank you.
I heard about your parents.
I tried calling, but my numbers didn't work.
I sent you a card.
Okay.
I didn't see it, but I think I might have been in a hospital in Indiana around then.
Are you here because you want me back as a patient? I came here to see if I could help you.
Legally, psychologically.
So you can leave me again? I know you don't feel much, but I have always felt badly about that.
It's okay.
I survived.
I won't lie, it would have been nice to have you around for all my teenage rites of passage.
But I guess that's what the eight other therapists I ended up going to were for.
Although it was difficult to talk to the one that was molesting me about how much I disliked him molesting me.
I know you're angry with me Dr.
Bull, you know better than anyone, I'm largely incapable of anger.
Well, whatever you call it, however you process it, I'm sorry if you felt abandoned.
You know, when I closed my practice back then, it was to start a whole new business, something called trial science.
I work with lawyers, and we help to figure out the best way to try a case.
I know I haven't seen you since you were 14, but I don't think you're gonna find anyone out there who understands you better.
And it would mean a lot to me to help you.
You understand they want to put you in prison for the rest of your life? Yes.
I do understand that.
Did you do it, Tally? Well, I was mad at him.
He was filing for guardianship.
He wanted to lock me up, get me institutionalized.
Did you do it, Tally? Well, I'll tell you, Dr.
Bull, because I know you'll understand.
I have no idea.
I honestly don't remember.
You had one of your blackouts? Must be.
One minute, I was having it out with my brother at the party, and the next, I was waking up covered in blood, with Torin dead on the floor.
I honestly don't remember what came in between.
You still want to help me? (GRUNTS SOFTLY) GABRIEL: Hey.
You going somewhere? Home.
What, you don't like it here? Well, you know, when I wake up in the morning, I like to be near my things, I like clean clothes, I like to sleep in my own bed.
And plus, you know, Cable used to live here, in this building.
It just doesn't feel right.
Okay.
I hear that.
It's just, sometimes it's nice to wake up lying next to somebody, you know? Don't you think? I'm sure it's nice for you.
Me? I got to get to work in the morning.
Okay.
I don't understand.
What's the problem? You got what you wanted.
(CHUCKLES): Wow.
Okay.
You are hard, girl.
You know, that's another thing.
I'm not a girl.
I'm a woman.
So stop talking to me like it's freshman year and we're living in the dorms away from our folks for the first time, yeah? I had a good time.
Let's not ruin it.
Can I give you something? (SIGHS) It's not your class ring, huh? You're not gonna ask me to go steady, are you? What is this? That's a key.
That way, you can get in here whenever you want.
Oh, Gabriel, I'm never gonna use this.
No, no, no, it's not it's for emergencies.
Okay? That way, you know, I lose my key, I know you have one, or if the (LAUGHS) maybe the gas company needs to get in here, they can't find me and they can call you.
Hey, listen.
I mean, we're friends, right? That's the sort of things friends do.
Now you give me yours? - Oh, you are so pushing your luck.
- (LAUGHS) No, no, no what are you talking about? I didn't say anything.
Hey, you're hearing things, girl.
Okay, you know what? The truth is, I-I can't sleep with somebody that's in my bed anyway.
I don't care how beautiful and-and naked they are.
So go, please.
(EXHALES SHARPLY) Okay? So I can get some rest.
Close the door.
Her name is Tally North.
Since the age of ten, she has been diagnosed with antisocial personality disorder.
She lacks empathy for others, exhibits severely stunted emotions, and is prone to violence.
Isn't that what we used to call a sociopath in the good old days? Actually, she used to be his patient, so this is kind of personal.
This is gonna be tough, trying to get a jury to sympathize with a sociopath.
Juries usually like to see remorse in their killers, and there's not gonna be any.
The night of the murder, Tally was arguing with her brother, Torin.
The whole party, a hundred-some people, saw them going at each other.
Well, I don't understand.
How can she be angry if she can't feel emotions? It's complicated, but what sociopaths like Tally do feel are emotions involving themselves.
That's why you don't get joy or sadness, because those are emotions that come from connections to other people.
But conviction? Determination? Those are self-contained and self-generating.
CHUNK: All right, so, let's cut to the chase.
Does she have an alibi? If she does, she doesn't remember.
Well, that's pretty damn convenient.
Agreed.
The thing is, she is prone to blackouts, and swears she can't remember anything that happened between the confrontation at the party and waking up to find her brother's dead body on the floor.
The old "I just don't remember" defense.
- Mm.
- According to Bull, she has suffered from fugue state blackouts since she was a child.
Fugue state blackouts? Was she asleep? Was she awake? A fugue state is a dissociative episode where sufferers experience temporary amnesia and a lack of awareness of themselves or their actions.
Okay, so what's the big guy say? Does he think that this fugue thing is a credible defense? Does he think that the jury will buy into it? No.
Bull wants to plead not guilty by reason of insanity.
If Tally was in a fugue state during the murder, she lacked the substantial capacity to appreciate the criminality of her conduct when she killed her brother.
BENNY: Terrific.
I'm gonna go back to the conference room, comb through my law books, see if I can find any insanity plea precedents.
With any luck, I'll fall into a fugue state.
(LAUGHS SOFTLY) TAYLOR: Dr.
Bull? D.
A.
's office just sent over this subpoena for all your old records and any recordings of therapy sessions related to your treatment of Tally North.
I don't understand.
Isn't that material privileged? You were her doctor, she was your patient.
Well, normally you'd be right, but since we are raising the insanity defense, they are able to look at and introduce into evidence anything that has to do with Tally's mental health.
(SIGHS) I haven't looked at that stuff in years.
Let me go through it tonight and then we'll get over there first thing in the morning.
YOUNG TALLY (CRYING): I can't believe she's dead.
I miss her so much.
I never even got to say good-bye.
BULL: Tally, stop it.
You're wasting my time.
You're manufacturing your response, not feeling an emotion.
What are you talking about? I'm not! She was my favorite aunt.
And I don't know how I'm gonna go on living.
BULL: I have every confidence you'll find a way.
You always know, don't you? BULL: That's my job, Tally.
(CLICK) WOMAN: According to the incident reports, the murder weapon the scissors were wiped clean of fingerprints.
Dr.
Diposo, you're a forensic psychiatrist.
Have you seen this kind of thing before? - All the time.
- Really? And why would a killer do such a thing? It sort of goes without saying.
Generally, if a murder weapon is found wiped of fingerprints, it indicates that the killer was trying to hide their identity to avoid getting caught.
That makes enormous sense.
Now, what makes less sense and admittedly, I'm not the expert here, you are Is it possible that someone in a fugue state blackout would have the presence of mind to wipe their weapon? Well, that's an act of specific intent.
I would find it highly unlikely.
Hmm.
And how would you interpret the fibers found in the blood on the victim's neck and the bloodied sheet found nearby? It would appear that the killer tried to staunch the bleeding after stabbing the victim.
My guess is the killer experienced a moment of remorse regretted what he or she had done, and wanted to try and save the victim.
Now, in your professional opinion, is that kind of remorse consistent with someone in a fugue state, Doctor? Quite the contrary.
That would demonstrate a high degree of self-awareness that people in fugue states rarely possess.
Sorry to be the bearer, but this jury is finding the witness (OVER EARBUD): extremely credible and compelling.
At the moment, we are looking at only a single green juror.
No, no, it's fine.
I don't care.
It's all good.
PROSECUTOR: No further questions at this time.
One green juror you call that all good? I'll get 'em back on the cross, Bull.
Just call for a recess.
- You sure? - Mm.
Your Honor, the defense would like to request a short recess.
Hey, you want to tell me what's going on? That forensic psychiatrist she just declared our client not guilty.
I'm sorry, were you in the same courtroom I was? I sure was.
She said whoever killed Torin felt a moment of remorse.
- And? - Remorse is a function of empathy.
You share the pain the other person is feeling.
Sociopaths like Tally don't have empathy.
They certainly don't feel remorse.
Our client didn't do this.
She's not the killer.
Wait a second, wait a second, wait a second.
Mm.
Mm-mmm.
We already told the jury that Tally did do it.
She killed her brother.
Not guilty by reason of insanity.
That was our plea.
Now we're saying she didn't do it? (GRUNTS SOFTLY) (SCOFFS) Oh, my goodness.
So, how-how does this work? Do we just go in there and tell the jury that we were wrong? I guess so.
- So now you want to change your plea? - I do, Your Honor.
Well, in truth, there's nothing I can do to stop you, but given your original plea and your opening statement, I fear you're gonna confuse and frustrate the jury.
We are willing to accept that risk, Your Honor.
Hmm.
A.
D.
A.
Scrivener, you have anything to say? I just want to be clear.
You opened the door to your client's mental health when you entered a plea of not guilty by reason of insanity.
I am taking the position that all of that material we were able to access by dint of that plea is still on the table.
Clinical evaluations, doctors' records, what have you all of that is still admissible.
Doesn't just go away because you changed your mind.
We understand that.
But, just so we're clear, our client's mental health is no longer the point.
We intend to prove she simply didn't do it.
And, sane or crazy, you can't convict someone for something they simply didn't do.
All right, everybody back to your corners.
And just so that I'm clear new plea, old plea this trial is proceeding tomorrow morning at 9:00 sharp.
And please be ready to call your first witness, gentlemen.
BULL: Years ago, when I used to treat Tally, if she had one of these fugue state blackouts there were still always splinters of memory.
Tiny things that she would remember about the events that took place.
And she couldn't always make sense of them, but they were there.
This murder, this supposed blackout she remembers nothing.
Which makes perfect sense if she didn't do it.
Yeah, but having her testify that she simply doesn't remember is not going to convince the jury to let her off.
(SIGHS) I know this is easier said than done, but I fear the only way to prove she didn't do it is to figure out who did.
See that? Mediocre minds think alike.
Danny and I are way ahead of you on this.
(CLEARS THROAT) What have we here? This is everyone we've been able to confirm was in attendance at that party.
I sourced most of them from the party's Facebook page.
These gray boxes with question marks are still unidentified guests.
Apparently, there were a lot of uninvited walk-ins.
Anybody jump out at you? Yeah, this guy.
With the red baseball cap with the plaid shirt.
Almost everyone that I spoke with mentioned him.
And he brought hostess gifts.
Drugs.
A lot of them.
Torin confronted him, kicked him out.
Might be something, might be nothing.
But in the meantime I'm tracking him down.
A shirt and a cap's not a lot to go on, though.
Just tell me we have someone to put on the stand tomorrow.
Colonel Mustard with the candlestick in the parlor.
Professor Plum, Mrs.
White - I'll take anyone.
- TAYLOR: Again, mediocre minds.
This is Blake Lambert.
He's the one I'd put on the stand.
DANNY: We reached out to him.
He wants to help.
One of Torin's best friends.
He's known Torin and Tally for years.
Can speak to their history.
He was a co-host on the party's Facebook event.
At the very least, he could speak to how many people were there, insinuate that the prosecution may have jumped the gun in finding their suspect.
I mean, there were a hundred guests at that party.
That's 99 potential murderers.
Sounds like a fine witness to me.
And we'll keep working.
What siblings don't fight? Torin and Tally argued all the time about money, pizza toppings, what color to paint the damn walls.
I've heard Tally yell at him hundreds of times.
But she never tried to kill him.
She loved her brother.
So, tell me about the party.
Who was there? Who wasn't? The whole thing got out of control pretty quickly.
It was supposed to be, like, 20 of our friends, but, uh, I think everyone got kind of carried away with the plus-one thing.
Everyone was drinking, or doing whatever.
And at one point I looked around and realized I didn't know who half the people were.
Now, when you say "drinking or whatever," are you referring to drugs? I didn't use the word "drugs.
"/ I'm saying people were partying, and some were partying quite hard.
So you've got this big loft.
It's filled with people.
Many of whom you suspect are total strangers.
People are consuming alcohol, maybe other things isn't it reasonable to suspect that any one of a number of people could have killed your friend Torin? Objection.
Relevance.
Not to mention he's leading the witness.
Not to mention he's asking him for an opinion based on speculation.
Not to mention I get it.
Objection sustained.
Mr.
Colón? No further questions.
He did that on purpose, didn't he? He knew that it was against the rules, but he wanted the jury to think about all those other people, how any one of them could have done it.
Shh, you're giving away all my secrets.
MARISSA (OVER EARBUD): We just jumped from one green juror to three.
Mr.
Lambert, I'd like to revisit the fight the defendant and the victim were having that evening.
Do you know what they were fighting about? I do.
Torin had filed for legal guardianship of his sister.
Torin was very protective of Tally.
Okay, but you can be protective without filing for guardianship.
Do you have any idea what possessed him to seek a court order declaring that his sister was unable to manage her own affairs? Not specifically, just that, uh she was becoming more and more of a challenge to control.
Her safety, her spending, - her temper - I'm sorry, did you say "her temper"? I didn't mean it like that.
I-It's what I said before.
They'd argue.
But I don't think he was scared of her.
I don't think anyone was scared of her.
More, uh, worried for her.
And, I mean, he'd tell me how, sometimes, she'd stay out all night.
I mean, she's she's beautiful.
She's going to attract attention.
It's a lot for a 28-year-old guy to deal with or worry about.
So, I think he felt that both of their lives might improve if she were in a place that was set up to deal with people with her kind of challenges.
Torin did it so that he could get her the help that she needed.
It was for her protection.
Her protection? Are you sure? Well, what else could it be? Are you sure it wasn't for his protection as well? Your Honor, I object.
The counselor is testifying and leading the witness and Thanks, Mr.
Colón.
I'll take it from here.
Objection sustained.
Please get to the point, Counselor.
Apologies, Your Honor.
So, did Torin tell you why he felt he needed protection from his sister? Objection! Hearsay.
No foundation.
What are we doing here, Your Honor? Sustained.
The ice is incredibly thin where you're standing, Ms.
Scrivener.
I understand, Your Honor.
Let's come at this another way.
When you would see them together, brother and sister, how did Torin appear did he look comfortable? Sometimes yes.
Sometmes no.
What about the night of the party did he look scared? She was smashing liquor bottles.
He looked like he was afraid she was gonna snap and hurt somebody.
Hurt him.
I think we all felt the same way.
MARISSA: Forget that thing I said about three greens.
No further questions for this witness.
I really don't have any new news.
Still trying to nail down our mystery man in the red cap.
TAYLOR: I'm still knee-deep in the social media of it all.
Trying to fill in some of those gray boxes.
I really need to leave now.
Pick up my son.
Can I throw a crazy idea out there? Are we missing the obvious? And if we weren't representing her, wouldn't she be our number-one suspect? It's all there, Bull: means, motive and opportunity.
Are you sure really sure that Tally didn't do it? And if you stop for a second to consider that maybe you think she's innocent just because you want her to be innocent.
- Easy, Chunk.
- Uh-uh.
You keep saying that she couldn't have done this.
And that even if she did do it, she never would've reversed course to try to save him, because that requires empathy, and she doesn't have that.
But maybe she tried to stop the bleeding to save herself.
Maybe she regretted what she'd done because she didn't want to get caught.
I'm sorry.
- But - Nothing to be sorry for.
I pay you to tell me what you think.
Thank you.
You done? Yeah.
Excellent.
I will see you all tomorrow.
(SCOFFS QUIETLY) You know, it took a lot of courage for him to do that.
Prosecution's newest exhibit.
They're presenting it tomorrow.
Why didn't they send this in last week? Because it didn't exist last week.
Guards did a sweep of Tally's cell this morning, and there it was.
(SIGHS) W-What is it? Well, at least we know the jury won't be out long.
(SIGHS) You want to tell me what I'm looking at here? I was just doing what you taught me.
Fill in the blanks.
When you have a blackout, sketch the things you know, and then try and sketch the things you don't.
Make the unconscious conscious, isn't that what you always told me? The only things I know are the things I'm hearing in court, so I started there.
Just trying to process the memory loss, see if it would jog something.
For the record, it didn't.
Mm-hmm.
Oh, Tally.
I think I may have given you some horrible advice.
What do you mean? I think I inadvertently had you draw yourself into a guilty verdict.
BENNY: Miss North you don't deny that those are your drawings, do you? No, no.
They're mine.
And you know, more often than not, people accused of murder do not testify at their own trials? The law does not require them to, but you chose to try and explain the drawings and to answer questions about your brother's murder, isn't that correct? Yes.
Tell us about these drawings.
Well, I've always drawn.
Ever since I could hold a crayon.
And my art has always tended to be dark, violent.
It actually used to worry me.
And just to be clear, the drawings that depict your brother's murder were drawn after you were jailed, correct? After you were charged with Torin's murder, after the trial started? - Yes, sir.
- So This isn't you planning your brother's death fantasizing about killing him, imagining what it would be like? No.
It's just me taking elements of the murder, things I had heard about here in court and piecing them together to see if it would help me remember.
Remember what? Anything.
I have absolutely no memory of anything that happened after I went to my bedroom, after our disagreement.
Up until I woke up and found my brother dead on the floor.
MARISSA (OVER EARBUD): You sure about this next move, Bull? "Sure" is a strong word.
I prefer "what other choice do we have.
" Tally are you sad your brother's dead? No.
(INDISTINCT MUTTERING) If I were you, I'd pull a couple of dollar bills out of my wallet and stare at 'em, 'cause that's the last green you're gonna be seeing for a while.
Order.
Order, please.
Do you want to explain? Look, I know it must be hard to understand how I work.
What goes on in my head.
I just don't feel the same things you do.
I don't get happy.
I don't get sad.
I find it really hard to care about anyone other than myself.
Of course I can make you think I care.
(CRIES) (SNIFFLES) But it's a trick.
Something I learned when I was very young.
I could do it when I fell off my bike, or when I didn't get something I wanted for my birthday.
And then one day I realized, "Oh.
"This is what they wanted me to do "when my goldfish died.
I can do that for them.
" And before you ask, yes.
I know something is missing.
Something is broken.
Wrong.
And I feel really lonely because of that.
I'm a part of a world that I don't totally understand.
And one that, for the most part, seems really frightened of me.
So I'm gonna ask you once again.
Tally, are you sad that your brother's dead? My brother was the only person who ever loved me.
He just did.
Even though I couldn't love him back.
Why would I want to make that go away? Oh, my goodness, we just picked up a green.
You sound surprised.
I told you I was sure it would work.
My goodness, Ms.
North, you've had a lot of therapists in your short life, haven't you? - Relatively speaking, I suppose.
- Hmm.
And isn't it true that one of your therapists is now part of your defense team, Dr.
Jason Bull? It is.
Can you identify him for us? He's sitting right there.
I'd like to play a video excerpt from a session that you and Dr.
Bull had in June of 2003.
I believe your aunt just died in a car accident.
I can't believe she's dead.
I miss her so much.
BULL (ON VIDEO): Okay, Tally.
Stop it.
You're wasting my time.
You're manufacturing your response, not feeling an emotion.
TALLY: What are you talking about? She was my favorite aunt, and I don't know how I'm gonna go on living.
BULL: I have every confidence you'll find a way.
You always know, don't you? That's my job, Tally.
Now tell me what you're really feeling.
How can you expect this jury to believe a word you say when you freely confess to this jury, freely confess to your own therapist now a member of your defense team that your word, your behavior, can't be trusted? That it's just a means to an end, something that you do because you know other people expect it? Objection, Your Honor.
Is the prosecutor going to ask a question or continue giving her closing argument in the middle of the trial? Objection sustained.
The jury will disregard A.
D.
A.
Scrivener's last statement.
No, they won't.
Ask a question, Counselor.
I have no further questions, Your Honor.
Hey.
(SPEAKING SPANISH) Ah (SPEAKS SPANISH) - Gracias.
- Ah, ah, ah, no, no, no, no.
Come on.
Don't you dare.
Okay.
All right.
Don't you dare.
(SPEAKS SPANISH) Why don't you just use a card? (CHUCKLES) Uh, you know, I just have so much extra cash lying around, I would feel stupid if I didn't use it.
Gracias.
I'm serious.
I mean, it's not like you work at a toll booth - and take home free samples.
- (LAUGHS) How come I've never seen you use a credit card? Yeah, well, I'm taking it slow.
You know, I show you all my fascinating aspects my-my credit cards, my 401(K), my yacht I show you all that too soon, there won't be any mystery left, you know? (PHONE VIBRATES) One second.
Oh, it's work.
Man, you know, every time I'm convinced they're not coming back to the office after court, they do.
And every time I'm sure they're coming back, they don't.
I'm sorry.
I got to go.
It's okay.
- Next time on me.
Hmm? - Yes.
Yeah.
And next time maybe I'll show you my yacht.
DANNY: So I was able to ID our mystery man in the red baseball cap.
The thing is, he's not our killer.
His name is Brian Davidson.
And he left the party around 11:00, then he got arrested at 12:30.
The murder happened around 3:00 a.
m.
So unless he snuck out of jail to do it, he's not our guy.
What was he arrested for? Selling drugs.
Marijuana, cocaine, MDMA, roofies.
Roofies? Tally keeps insisting the blackout she had at the party felt different.
Normally, she has fragments of memory from her fugues, but this last one Are you thinking maybe Tally wasn't in a dissociative fugue at all? That maybe she was roofied? You think this Brian Davidson's still in custody? I'm sure of it.
I feel like paying him a visit.
BENNY: Mr.
Lambert, any idea why we called you back? None whatsoever.
Brian Davidson, a man arrested for the possession of illegal narcotics shortly after leaving the party the evening Torin North was killed, identified you as having purchased flunitrazepam from him.
You, and only you.
I mean, other people purchased other drugs, but only you purchased flunitrazepam from him.
You know what flunitrazepam is, don't you? No, I'm not sure I do.
Roofies.
Flunitrazepam is roofies.
Objection, Your Honor.
Relevance? Mr.
North didn't die of a flunitrazepam overdose.
I know this seems a little out of the blue, but I promise it will all prove completely relevant if Your Honor would just let me get to where I need to go.
Objection overruled.
Continue, Mr.
Colón.
Thank you, Your Honor.
Mr.
Lambert, did you, in fact, purchase roofies that night? Well, yeah, when you call them roofies, yeah.
(GALLERY MURMURING) May I ask why you purchased roofies? Well, I have trouble sleeping when I drink.
They knock me out.
Seems like a rather extreme solution.
So be it.
So, tell me, did you use these roofies while you were at the party? No.
I waited till I got home.
Till it was time to go to sleep.
Uh, did you perhaps inadvertently give some roofies to anyone else that evening? Slip them in their drink, perhaps? No.
O-Of course not.
Why would I do that? Well, it is also called the date rape drug.
Your Honor, where are we going with this? Mr.
Colón, I need you bring this to some sort of meaningful conclusion.
Yes, Your Honor.
Of course, Your Honor.
Mr.
Lambert, is it your testimony that the only person who consumed these roofies you purchased that evening was yourself? As far as I'm aware, yes.
Your Honor, I'd like to introduce into evidence this party cup taken from the defendant's room at the night of the murder.
Objection, Your Honor.
Foundation? BENNY: I refer exhibit 172, a time-stamped crime scene photo showing this cup originally found in the room.
This is one and the same.
I'll allow it.
Yeah, we'll also be introducing into evidence a report, Your Honor, detailing that trace amounts of flunitrazepam were found inside of the cup, as well as Blake Lambert's fingerprints, which were found on the outside.
Uh, and there was another set of fingerprints that were found on there, too, Mr.
Lambert.
Tally North's.
Okay.
Maybe she handed me the cup or something.
I don't remember.
Did you drug Tally North? (GALLERY MURMURING) (GAVEL BANGS) Let the witness answer, please.
No.
No.
Do you happen to remember a woman by the name of Leah Carpenter? SCRIVENER: Objection.
Again, relevance? Your Honor, please.
I promise we're almost there.
Overruled.
Witness will answer the question.
Yes.
Yes! Yes.
She attended Rennich University with you, and she accused you of date rape.
Putting something in her drink, then following her back to her dorm room and holding her down and you know the rest.
This is completely unfair.
That was just that was a misunderstanding.
No one pressed charges.
We have their full attention, but we sill haven't changed enough minds.
Oh, trust me, their minds are changed.
They're just too damned entertained to take a minute and let us know.
BENNY: The night of the party, did you follow Tally back to her room? No.
Did you hold her down? - No.
- Did you rip her shirt? Bruise her skin? - No.
- Did Torin, her brother Torin your best friend Torin walk in on you taking advantage of his comatose sister?! No, no, no! You can't prove that! Nothing further, Your Honor.
Reasonable doubt.
Uh, you look it up in the dictionary, and there'd be a picture of all of us sitting here today.
There'd also be a definition.
Something along the lines of "Lack of proof "that prevents a judge or a jury "from convicting a defendant for the charged crime.
" (MOUTHS) Only Torin North and his killer know exactly what happened in that room.
But you've heard all the evidence.
Or have you? I've yet to hear a single piece of evidence that points to my client having done this.
But I've heard a great deal to suggest an alternate theory.
I believe that Torin walked in on his best friend Blake Lambert standing over his semi-conscious sister.
Her shirt ripped, her arms bruised.
And he was fiercely protective of his sister.
So he did what any brother would do.
Blake fought back.
Grabbed the scissors from Tally's desk and plunged them into his best friend's neck.
And as Torin's blood spilled on an unconscious Tally, he had a moment of regret.
He doesn't suffer from ASPD antisocial personality disorder.
No.
No, no.
He's just an old-fashioned rapist who suddenly realized that he might have killed his best friend, so he tried to stop the bleeding.
Realized that wasn't going to work, so he wiped the murder weapon, and left Tally passed out on the bed.
So that when she came to, confronted with her brother's slain body, and having no memory of what happened due to the flunitrazepam, she'd be forced to carry around the knowledge that she might have done this.
That it was her fault, her doing, her crime.
But she didn't.
She didn't do it.
Tally is simply just another victim, and-and what an obscene joke that is.
You know, the person responsible for this crime is trusting that you, the jury, will lean on your own preconceived notions on what it means to be a sociopath, what it means to be devoid of emotion, what it means to be mentally ill.
The killer's counting on it.
And so is the A.
D.
A.
But Tally and I know you know better.
In fact, she's betting her life on it.
Thank you.
JUDGE: Has the jury reached a verdict? We have, Your Honor.
We, the jury, find the defendant, Tally North not guilty of the murder of Torin North.
(GALLERY MURMURING) It's okay.
It's about you.
So what happens now? I found something that I'd like you to consider.
It's a residential facility.
No locks.
You can leave any time you want.
Just sign yourself out.
It's all in your control.
But you have a room there.
Everything is set and ready for you, and if it's not the right fit, we'll find you something else.
It's what your brother wanted for you to get back to that sense of feigned normalcy.
Feigned normalcy.
Something we can all aspire to.
You know, when you left me all those years ago, I understood.
I didn't like it, but.
.
I understood.
And I also felt, strongly, somehow, that you weren't really gone forever.
And you weren't.
Thank you for being there.
Oh.
Tally thank you for saying that.
I'm just messing with you.
So where's this place you want me to try? Well at WGBH access.
wgbh.
org
For God's sake.
That was a hundred dollar bottle of liquor.
(PEOPLE GASPING) Just say you won't do it.
I'm not gonna have that conversation with you here, sis.
It's supposed to be a party.
When are we gonna have it? Were we ever gonna have it? Or were you just gonna do what you were going to do? - You're acting crazy.
- (SCOFFS) Crazy.
Is that why you're doing this? Because I'm so crazy? You haven't seen crazy.
WOMAN: Tally Don't you dare.
Hey, everyone just chill.
Okay? It's a party.
(TRUCK BEEPING IN DISTANCE) (GRUNTS SOFTLY) (LINE RINGING) OPERATOR: 911.
What's your emergency? (CRYING): Oh, my God, you have to help me.
I think somebody's murdered my brother.
Oh, my God.
Please, please.
There's so much blood.
I don't know what to do.
I need you to stay calm, ma'am.
Help is on the way.
Thank you.
Thank you.
(SNIFFLING) (SIRENS APPROACHING) NEWSCASTER: Tally North, ethereal downtown party fixture, trust fund poster child, is accused of killing her brother Torin North, a rising tech superstar, in the Chelsea loft they share, and into which they poured several million dollars following the death of their wealthy parents in a private plane crash.
(PANTING) (WHISPERS): Tally.
(ALARM BUZZING, LOCK CLICKING) (HANDCUFFS CLICKING) You have new glasses, Dr.
Bull.
It's nice to see you too, Tally.
It's been 12 years.
I like them.
Thank you.
I heard about your parents.
I tried calling, but my numbers didn't work.
I sent you a card.
Okay.
I didn't see it, but I think I might have been in a hospital in Indiana around then.
Are you here because you want me back as a patient? I came here to see if I could help you.
Legally, psychologically.
So you can leave me again? I know you don't feel much, but I have always felt badly about that.
It's okay.
I survived.
I won't lie, it would have been nice to have you around for all my teenage rites of passage.
But I guess that's what the eight other therapists I ended up going to were for.
Although it was difficult to talk to the one that was molesting me about how much I disliked him molesting me.
I know you're angry with me Dr.
Bull, you know better than anyone, I'm largely incapable of anger.
Well, whatever you call it, however you process it, I'm sorry if you felt abandoned.
You know, when I closed my practice back then, it was to start a whole new business, something called trial science.
I work with lawyers, and we help to figure out the best way to try a case.
I know I haven't seen you since you were 14, but I don't think you're gonna find anyone out there who understands you better.
And it would mean a lot to me to help you.
You understand they want to put you in prison for the rest of your life? Yes.
I do understand that.
Did you do it, Tally? Well, I was mad at him.
He was filing for guardianship.
He wanted to lock me up, get me institutionalized.
Did you do it, Tally? Well, I'll tell you, Dr.
Bull, because I know you'll understand.
I have no idea.
I honestly don't remember.
You had one of your blackouts? Must be.
One minute, I was having it out with my brother at the party, and the next, I was waking up covered in blood, with Torin dead on the floor.
I honestly don't remember what came in between.
You still want to help me? (GRUNTS SOFTLY) GABRIEL: Hey.
You going somewhere? Home.
What, you don't like it here? Well, you know, when I wake up in the morning, I like to be near my things, I like clean clothes, I like to sleep in my own bed.
And plus, you know, Cable used to live here, in this building.
It just doesn't feel right.
Okay.
I hear that.
It's just, sometimes it's nice to wake up lying next to somebody, you know? Don't you think? I'm sure it's nice for you.
Me? I got to get to work in the morning.
Okay.
I don't understand.
What's the problem? You got what you wanted.
(CHUCKLES): Wow.
Okay.
You are hard, girl.
You know, that's another thing.
I'm not a girl.
I'm a woman.
So stop talking to me like it's freshman year and we're living in the dorms away from our folks for the first time, yeah? I had a good time.
Let's not ruin it.
Can I give you something? (SIGHS) It's not your class ring, huh? You're not gonna ask me to go steady, are you? What is this? That's a key.
That way, you can get in here whenever you want.
Oh, Gabriel, I'm never gonna use this.
No, no, no, it's not it's for emergencies.
Okay? That way, you know, I lose my key, I know you have one, or if the (LAUGHS) maybe the gas company needs to get in here, they can't find me and they can call you.
Hey, listen.
I mean, we're friends, right? That's the sort of things friends do.
Now you give me yours? - Oh, you are so pushing your luck.
- (LAUGHS) No, no, no what are you talking about? I didn't say anything.
Hey, you're hearing things, girl.
Okay, you know what? The truth is, I-I can't sleep with somebody that's in my bed anyway.
I don't care how beautiful and-and naked they are.
So go, please.
(EXHALES SHARPLY) Okay? So I can get some rest.
Close the door.
Her name is Tally North.
Since the age of ten, she has been diagnosed with antisocial personality disorder.
She lacks empathy for others, exhibits severely stunted emotions, and is prone to violence.
Isn't that what we used to call a sociopath in the good old days? Actually, she used to be his patient, so this is kind of personal.
This is gonna be tough, trying to get a jury to sympathize with a sociopath.
Juries usually like to see remorse in their killers, and there's not gonna be any.
The night of the murder, Tally was arguing with her brother, Torin.
The whole party, a hundred-some people, saw them going at each other.
Well, I don't understand.
How can she be angry if she can't feel emotions? It's complicated, but what sociopaths like Tally do feel are emotions involving themselves.
That's why you don't get joy or sadness, because those are emotions that come from connections to other people.
But conviction? Determination? Those are self-contained and self-generating.
CHUNK: All right, so, let's cut to the chase.
Does she have an alibi? If she does, she doesn't remember.
Well, that's pretty damn convenient.
Agreed.
The thing is, she is prone to blackouts, and swears she can't remember anything that happened between the confrontation at the party and waking up to find her brother's dead body on the floor.
The old "I just don't remember" defense.
- Mm.
- According to Bull, she has suffered from fugue state blackouts since she was a child.
Fugue state blackouts? Was she asleep? Was she awake? A fugue state is a dissociative episode where sufferers experience temporary amnesia and a lack of awareness of themselves or their actions.
Okay, so what's the big guy say? Does he think that this fugue thing is a credible defense? Does he think that the jury will buy into it? No.
Bull wants to plead not guilty by reason of insanity.
If Tally was in a fugue state during the murder, she lacked the substantial capacity to appreciate the criminality of her conduct when she killed her brother.
BENNY: Terrific.
I'm gonna go back to the conference room, comb through my law books, see if I can find any insanity plea precedents.
With any luck, I'll fall into a fugue state.
(LAUGHS SOFTLY) TAYLOR: Dr.
Bull? D.
A.
's office just sent over this subpoena for all your old records and any recordings of therapy sessions related to your treatment of Tally North.
I don't understand.
Isn't that material privileged? You were her doctor, she was your patient.
Well, normally you'd be right, but since we are raising the insanity defense, they are able to look at and introduce into evidence anything that has to do with Tally's mental health.
(SIGHS) I haven't looked at that stuff in years.
Let me go through it tonight and then we'll get over there first thing in the morning.
YOUNG TALLY (CRYING): I can't believe she's dead.
I miss her so much.
I never even got to say good-bye.
BULL: Tally, stop it.
You're wasting my time.
You're manufacturing your response, not feeling an emotion.
What are you talking about? I'm not! She was my favorite aunt.
And I don't know how I'm gonna go on living.
BULL: I have every confidence you'll find a way.
You always know, don't you? BULL: That's my job, Tally.
(CLICK) WOMAN: According to the incident reports, the murder weapon the scissors were wiped clean of fingerprints.
Dr.
Diposo, you're a forensic psychiatrist.
Have you seen this kind of thing before? - All the time.
- Really? And why would a killer do such a thing? It sort of goes without saying.
Generally, if a murder weapon is found wiped of fingerprints, it indicates that the killer was trying to hide their identity to avoid getting caught.
That makes enormous sense.
Now, what makes less sense and admittedly, I'm not the expert here, you are Is it possible that someone in a fugue state blackout would have the presence of mind to wipe their weapon? Well, that's an act of specific intent.
I would find it highly unlikely.
Hmm.
And how would you interpret the fibers found in the blood on the victim's neck and the bloodied sheet found nearby? It would appear that the killer tried to staunch the bleeding after stabbing the victim.
My guess is the killer experienced a moment of remorse regretted what he or she had done, and wanted to try and save the victim.
Now, in your professional opinion, is that kind of remorse consistent with someone in a fugue state, Doctor? Quite the contrary.
That would demonstrate a high degree of self-awareness that people in fugue states rarely possess.
Sorry to be the bearer, but this jury is finding the witness (OVER EARBUD): extremely credible and compelling.
At the moment, we are looking at only a single green juror.
No, no, it's fine.
I don't care.
It's all good.
PROSECUTOR: No further questions at this time.
One green juror you call that all good? I'll get 'em back on the cross, Bull.
Just call for a recess.
- You sure? - Mm.
Your Honor, the defense would like to request a short recess.
Hey, you want to tell me what's going on? That forensic psychiatrist she just declared our client not guilty.
I'm sorry, were you in the same courtroom I was? I sure was.
She said whoever killed Torin felt a moment of remorse.
- And? - Remorse is a function of empathy.
You share the pain the other person is feeling.
Sociopaths like Tally don't have empathy.
They certainly don't feel remorse.
Our client didn't do this.
She's not the killer.
Wait a second, wait a second, wait a second.
Mm.
Mm-mmm.
We already told the jury that Tally did do it.
She killed her brother.
Not guilty by reason of insanity.
That was our plea.
Now we're saying she didn't do it? (GRUNTS SOFTLY) (SCOFFS) Oh, my goodness.
So, how-how does this work? Do we just go in there and tell the jury that we were wrong? I guess so.
- So now you want to change your plea? - I do, Your Honor.
Well, in truth, there's nothing I can do to stop you, but given your original plea and your opening statement, I fear you're gonna confuse and frustrate the jury.
We are willing to accept that risk, Your Honor.
Hmm.
A.
D.
A.
Scrivener, you have anything to say? I just want to be clear.
You opened the door to your client's mental health when you entered a plea of not guilty by reason of insanity.
I am taking the position that all of that material we were able to access by dint of that plea is still on the table.
Clinical evaluations, doctors' records, what have you all of that is still admissible.
Doesn't just go away because you changed your mind.
We understand that.
But, just so we're clear, our client's mental health is no longer the point.
We intend to prove she simply didn't do it.
And, sane or crazy, you can't convict someone for something they simply didn't do.
All right, everybody back to your corners.
And just so that I'm clear new plea, old plea this trial is proceeding tomorrow morning at 9:00 sharp.
And please be ready to call your first witness, gentlemen.
BULL: Years ago, when I used to treat Tally, if she had one of these fugue state blackouts there were still always splinters of memory.
Tiny things that she would remember about the events that took place.
And she couldn't always make sense of them, but they were there.
This murder, this supposed blackout she remembers nothing.
Which makes perfect sense if she didn't do it.
Yeah, but having her testify that she simply doesn't remember is not going to convince the jury to let her off.
(SIGHS) I know this is easier said than done, but I fear the only way to prove she didn't do it is to figure out who did.
See that? Mediocre minds think alike.
Danny and I are way ahead of you on this.
(CLEARS THROAT) What have we here? This is everyone we've been able to confirm was in attendance at that party.
I sourced most of them from the party's Facebook page.
These gray boxes with question marks are still unidentified guests.
Apparently, there were a lot of uninvited walk-ins.
Anybody jump out at you? Yeah, this guy.
With the red baseball cap with the plaid shirt.
Almost everyone that I spoke with mentioned him.
And he brought hostess gifts.
Drugs.
A lot of them.
Torin confronted him, kicked him out.
Might be something, might be nothing.
But in the meantime I'm tracking him down.
A shirt and a cap's not a lot to go on, though.
Just tell me we have someone to put on the stand tomorrow.
Colonel Mustard with the candlestick in the parlor.
Professor Plum, Mrs.
White - I'll take anyone.
- TAYLOR: Again, mediocre minds.
This is Blake Lambert.
He's the one I'd put on the stand.
DANNY: We reached out to him.
He wants to help.
One of Torin's best friends.
He's known Torin and Tally for years.
Can speak to their history.
He was a co-host on the party's Facebook event.
At the very least, he could speak to how many people were there, insinuate that the prosecution may have jumped the gun in finding their suspect.
I mean, there were a hundred guests at that party.
That's 99 potential murderers.
Sounds like a fine witness to me.
And we'll keep working.
What siblings don't fight? Torin and Tally argued all the time about money, pizza toppings, what color to paint the damn walls.
I've heard Tally yell at him hundreds of times.
But she never tried to kill him.
She loved her brother.
So, tell me about the party.
Who was there? Who wasn't? The whole thing got out of control pretty quickly.
It was supposed to be, like, 20 of our friends, but, uh, I think everyone got kind of carried away with the plus-one thing.
Everyone was drinking, or doing whatever.
And at one point I looked around and realized I didn't know who half the people were.
Now, when you say "drinking or whatever," are you referring to drugs? I didn't use the word "drugs.
"/ I'm saying people were partying, and some were partying quite hard.
So you've got this big loft.
It's filled with people.
Many of whom you suspect are total strangers.
People are consuming alcohol, maybe other things isn't it reasonable to suspect that any one of a number of people could have killed your friend Torin? Objection.
Relevance.
Not to mention he's leading the witness.
Not to mention he's asking him for an opinion based on speculation.
Not to mention I get it.
Objection sustained.
Mr.
Colón? No further questions.
He did that on purpose, didn't he? He knew that it was against the rules, but he wanted the jury to think about all those other people, how any one of them could have done it.
Shh, you're giving away all my secrets.
MARISSA (OVER EARBUD): We just jumped from one green juror to three.
Mr.
Lambert, I'd like to revisit the fight the defendant and the victim were having that evening.
Do you know what they were fighting about? I do.
Torin had filed for legal guardianship of his sister.
Torin was very protective of Tally.
Okay, but you can be protective without filing for guardianship.
Do you have any idea what possessed him to seek a court order declaring that his sister was unable to manage her own affairs? Not specifically, just that, uh she was becoming more and more of a challenge to control.
Her safety, her spending, - her temper - I'm sorry, did you say "her temper"? I didn't mean it like that.
I-It's what I said before.
They'd argue.
But I don't think he was scared of her.
I don't think anyone was scared of her.
More, uh, worried for her.
And, I mean, he'd tell me how, sometimes, she'd stay out all night.
I mean, she's she's beautiful.
She's going to attract attention.
It's a lot for a 28-year-old guy to deal with or worry about.
So, I think he felt that both of their lives might improve if she were in a place that was set up to deal with people with her kind of challenges.
Torin did it so that he could get her the help that she needed.
It was for her protection.
Her protection? Are you sure? Well, what else could it be? Are you sure it wasn't for his protection as well? Your Honor, I object.
The counselor is testifying and leading the witness and Thanks, Mr.
Colón.
I'll take it from here.
Objection sustained.
Please get to the point, Counselor.
Apologies, Your Honor.
So, did Torin tell you why he felt he needed protection from his sister? Objection! Hearsay.
No foundation.
What are we doing here, Your Honor? Sustained.
The ice is incredibly thin where you're standing, Ms.
Scrivener.
I understand, Your Honor.
Let's come at this another way.
When you would see them together, brother and sister, how did Torin appear did he look comfortable? Sometimes yes.
Sometmes no.
What about the night of the party did he look scared? She was smashing liquor bottles.
He looked like he was afraid she was gonna snap and hurt somebody.
Hurt him.
I think we all felt the same way.
MARISSA: Forget that thing I said about three greens.
No further questions for this witness.
I really don't have any new news.
Still trying to nail down our mystery man in the red cap.
TAYLOR: I'm still knee-deep in the social media of it all.
Trying to fill in some of those gray boxes.
I really need to leave now.
Pick up my son.
Can I throw a crazy idea out there? Are we missing the obvious? And if we weren't representing her, wouldn't she be our number-one suspect? It's all there, Bull: means, motive and opportunity.
Are you sure really sure that Tally didn't do it? And if you stop for a second to consider that maybe you think she's innocent just because you want her to be innocent.
- Easy, Chunk.
- Uh-uh.
You keep saying that she couldn't have done this.
And that even if she did do it, she never would've reversed course to try to save him, because that requires empathy, and she doesn't have that.
But maybe she tried to stop the bleeding to save herself.
Maybe she regretted what she'd done because she didn't want to get caught.
I'm sorry.
- But - Nothing to be sorry for.
I pay you to tell me what you think.
Thank you.
You done? Yeah.
Excellent.
I will see you all tomorrow.
(SCOFFS QUIETLY) You know, it took a lot of courage for him to do that.
Prosecution's newest exhibit.
They're presenting it tomorrow.
Why didn't they send this in last week? Because it didn't exist last week.
Guards did a sweep of Tally's cell this morning, and there it was.
(SIGHS) W-What is it? Well, at least we know the jury won't be out long.
(SIGHS) You want to tell me what I'm looking at here? I was just doing what you taught me.
Fill in the blanks.
When you have a blackout, sketch the things you know, and then try and sketch the things you don't.
Make the unconscious conscious, isn't that what you always told me? The only things I know are the things I'm hearing in court, so I started there.
Just trying to process the memory loss, see if it would jog something.
For the record, it didn't.
Mm-hmm.
Oh, Tally.
I think I may have given you some horrible advice.
What do you mean? I think I inadvertently had you draw yourself into a guilty verdict.
BENNY: Miss North you don't deny that those are your drawings, do you? No, no.
They're mine.
And you know, more often than not, people accused of murder do not testify at their own trials? The law does not require them to, but you chose to try and explain the drawings and to answer questions about your brother's murder, isn't that correct? Yes.
Tell us about these drawings.
Well, I've always drawn.
Ever since I could hold a crayon.
And my art has always tended to be dark, violent.
It actually used to worry me.
And just to be clear, the drawings that depict your brother's murder were drawn after you were jailed, correct? After you were charged with Torin's murder, after the trial started? - Yes, sir.
- So This isn't you planning your brother's death fantasizing about killing him, imagining what it would be like? No.
It's just me taking elements of the murder, things I had heard about here in court and piecing them together to see if it would help me remember.
Remember what? Anything.
I have absolutely no memory of anything that happened after I went to my bedroom, after our disagreement.
Up until I woke up and found my brother dead on the floor.
MARISSA (OVER EARBUD): You sure about this next move, Bull? "Sure" is a strong word.
I prefer "what other choice do we have.
" Tally are you sad your brother's dead? No.
(INDISTINCT MUTTERING) If I were you, I'd pull a couple of dollar bills out of my wallet and stare at 'em, 'cause that's the last green you're gonna be seeing for a while.
Order.
Order, please.
Do you want to explain? Look, I know it must be hard to understand how I work.
What goes on in my head.
I just don't feel the same things you do.
I don't get happy.
I don't get sad.
I find it really hard to care about anyone other than myself.
Of course I can make you think I care.
(CRIES) (SNIFFLES) But it's a trick.
Something I learned when I was very young.
I could do it when I fell off my bike, or when I didn't get something I wanted for my birthday.
And then one day I realized, "Oh.
"This is what they wanted me to do "when my goldfish died.
I can do that for them.
" And before you ask, yes.
I know something is missing.
Something is broken.
Wrong.
And I feel really lonely because of that.
I'm a part of a world that I don't totally understand.
And one that, for the most part, seems really frightened of me.
So I'm gonna ask you once again.
Tally, are you sad that your brother's dead? My brother was the only person who ever loved me.
He just did.
Even though I couldn't love him back.
Why would I want to make that go away? Oh, my goodness, we just picked up a green.
You sound surprised.
I told you I was sure it would work.
My goodness, Ms.
North, you've had a lot of therapists in your short life, haven't you? - Relatively speaking, I suppose.
- Hmm.
And isn't it true that one of your therapists is now part of your defense team, Dr.
Jason Bull? It is.
Can you identify him for us? He's sitting right there.
I'd like to play a video excerpt from a session that you and Dr.
Bull had in June of 2003.
I believe your aunt just died in a car accident.
I can't believe she's dead.
I miss her so much.
BULL (ON VIDEO): Okay, Tally.
Stop it.
You're wasting my time.
You're manufacturing your response, not feeling an emotion.
TALLY: What are you talking about? She was my favorite aunt, and I don't know how I'm gonna go on living.
BULL: I have every confidence you'll find a way.
You always know, don't you? That's my job, Tally.
Now tell me what you're really feeling.
How can you expect this jury to believe a word you say when you freely confess to this jury, freely confess to your own therapist now a member of your defense team that your word, your behavior, can't be trusted? That it's just a means to an end, something that you do because you know other people expect it? Objection, Your Honor.
Is the prosecutor going to ask a question or continue giving her closing argument in the middle of the trial? Objection sustained.
The jury will disregard A.
D.
A.
Scrivener's last statement.
No, they won't.
Ask a question, Counselor.
I have no further questions, Your Honor.
Hey.
(SPEAKING SPANISH) Ah (SPEAKS SPANISH) - Gracias.
- Ah, ah, ah, no, no, no, no.
Come on.
Don't you dare.
Okay.
All right.
Don't you dare.
(SPEAKS SPANISH) Why don't you just use a card? (CHUCKLES) Uh, you know, I just have so much extra cash lying around, I would feel stupid if I didn't use it.
Gracias.
I'm serious.
I mean, it's not like you work at a toll booth - and take home free samples.
- (LAUGHS) How come I've never seen you use a credit card? Yeah, well, I'm taking it slow.
You know, I show you all my fascinating aspects my-my credit cards, my 401(K), my yacht I show you all that too soon, there won't be any mystery left, you know? (PHONE VIBRATES) One second.
Oh, it's work.
Man, you know, every time I'm convinced they're not coming back to the office after court, they do.
And every time I'm sure they're coming back, they don't.
I'm sorry.
I got to go.
It's okay.
- Next time on me.
Hmm? - Yes.
Yeah.
And next time maybe I'll show you my yacht.
DANNY: So I was able to ID our mystery man in the red baseball cap.
The thing is, he's not our killer.
His name is Brian Davidson.
And he left the party around 11:00, then he got arrested at 12:30.
The murder happened around 3:00 a.
m.
So unless he snuck out of jail to do it, he's not our guy.
What was he arrested for? Selling drugs.
Marijuana, cocaine, MDMA, roofies.
Roofies? Tally keeps insisting the blackout she had at the party felt different.
Normally, she has fragments of memory from her fugues, but this last one Are you thinking maybe Tally wasn't in a dissociative fugue at all? That maybe she was roofied? You think this Brian Davidson's still in custody? I'm sure of it.
I feel like paying him a visit.
BENNY: Mr.
Lambert, any idea why we called you back? None whatsoever.
Brian Davidson, a man arrested for the possession of illegal narcotics shortly after leaving the party the evening Torin North was killed, identified you as having purchased flunitrazepam from him.
You, and only you.
I mean, other people purchased other drugs, but only you purchased flunitrazepam from him.
You know what flunitrazepam is, don't you? No, I'm not sure I do.
Roofies.
Flunitrazepam is roofies.
Objection, Your Honor.
Relevance? Mr.
North didn't die of a flunitrazepam overdose.
I know this seems a little out of the blue, but I promise it will all prove completely relevant if Your Honor would just let me get to where I need to go.
Objection overruled.
Continue, Mr.
Colón.
Thank you, Your Honor.
Mr.
Lambert, did you, in fact, purchase roofies that night? Well, yeah, when you call them roofies, yeah.
(GALLERY MURMURING) May I ask why you purchased roofies? Well, I have trouble sleeping when I drink.
They knock me out.
Seems like a rather extreme solution.
So be it.
So, tell me, did you use these roofies while you were at the party? No.
I waited till I got home.
Till it was time to go to sleep.
Uh, did you perhaps inadvertently give some roofies to anyone else that evening? Slip them in their drink, perhaps? No.
O-Of course not.
Why would I do that? Well, it is also called the date rape drug.
Your Honor, where are we going with this? Mr.
Colón, I need you bring this to some sort of meaningful conclusion.
Yes, Your Honor.
Of course, Your Honor.
Mr.
Lambert, is it your testimony that the only person who consumed these roofies you purchased that evening was yourself? As far as I'm aware, yes.
Your Honor, I'd like to introduce into evidence this party cup taken from the defendant's room at the night of the murder.
Objection, Your Honor.
Foundation? BENNY: I refer exhibit 172, a time-stamped crime scene photo showing this cup originally found in the room.
This is one and the same.
I'll allow it.
Yeah, we'll also be introducing into evidence a report, Your Honor, detailing that trace amounts of flunitrazepam were found inside of the cup, as well as Blake Lambert's fingerprints, which were found on the outside.
Uh, and there was another set of fingerprints that were found on there, too, Mr.
Lambert.
Tally North's.
Okay.
Maybe she handed me the cup or something.
I don't remember.
Did you drug Tally North? (GALLERY MURMURING) (GAVEL BANGS) Let the witness answer, please.
No.
No.
Do you happen to remember a woman by the name of Leah Carpenter? SCRIVENER: Objection.
Again, relevance? Your Honor, please.
I promise we're almost there.
Overruled.
Witness will answer the question.
Yes.
Yes! Yes.
She attended Rennich University with you, and she accused you of date rape.
Putting something in her drink, then following her back to her dorm room and holding her down and you know the rest.
This is completely unfair.
That was just that was a misunderstanding.
No one pressed charges.
We have their full attention, but we sill haven't changed enough minds.
Oh, trust me, their minds are changed.
They're just too damned entertained to take a minute and let us know.
BENNY: The night of the party, did you follow Tally back to her room? No.
Did you hold her down? - No.
- Did you rip her shirt? Bruise her skin? - No.
- Did Torin, her brother Torin your best friend Torin walk in on you taking advantage of his comatose sister?! No, no, no! You can't prove that! Nothing further, Your Honor.
Reasonable doubt.
Uh, you look it up in the dictionary, and there'd be a picture of all of us sitting here today.
There'd also be a definition.
Something along the lines of "Lack of proof "that prevents a judge or a jury "from convicting a defendant for the charged crime.
" (MOUTHS) Only Torin North and his killer know exactly what happened in that room.
But you've heard all the evidence.
Or have you? I've yet to hear a single piece of evidence that points to my client having done this.
But I've heard a great deal to suggest an alternate theory.
I believe that Torin walked in on his best friend Blake Lambert standing over his semi-conscious sister.
Her shirt ripped, her arms bruised.
And he was fiercely protective of his sister.
So he did what any brother would do.
Blake fought back.
Grabbed the scissors from Tally's desk and plunged them into his best friend's neck.
And as Torin's blood spilled on an unconscious Tally, he had a moment of regret.
He doesn't suffer from ASPD antisocial personality disorder.
No.
No, no.
He's just an old-fashioned rapist who suddenly realized that he might have killed his best friend, so he tried to stop the bleeding.
Realized that wasn't going to work, so he wiped the murder weapon, and left Tally passed out on the bed.
So that when she came to, confronted with her brother's slain body, and having no memory of what happened due to the flunitrazepam, she'd be forced to carry around the knowledge that she might have done this.
That it was her fault, her doing, her crime.
But she didn't.
She didn't do it.
Tally is simply just another victim, and-and what an obscene joke that is.
You know, the person responsible for this crime is trusting that you, the jury, will lean on your own preconceived notions on what it means to be a sociopath, what it means to be devoid of emotion, what it means to be mentally ill.
The killer's counting on it.
And so is the A.
D.
A.
But Tally and I know you know better.
In fact, she's betting her life on it.
Thank you.
JUDGE: Has the jury reached a verdict? We have, Your Honor.
We, the jury, find the defendant, Tally North not guilty of the murder of Torin North.
(GALLERY MURMURING) It's okay.
It's about you.
So what happens now? I found something that I'd like you to consider.
It's a residential facility.
No locks.
You can leave any time you want.
Just sign yourself out.
It's all in your control.
But you have a room there.
Everything is set and ready for you, and if it's not the right fit, we'll find you something else.
It's what your brother wanted for you to get back to that sense of feigned normalcy.
Feigned normalcy.
Something we can all aspire to.
You know, when you left me all those years ago, I understood.
I didn't like it, but.
.
I understood.
And I also felt, strongly, somehow, that you weren't really gone forever.
And you weren't.
Thank you for being there.
Oh.
Tally thank you for saying that.
I'm just messing with you.
So where's this place you want me to try? Well at WGBH access.
wgbh.
org