CONVICTION (2010) CD-1/2
(WIND CHIMES TINKLING)
(DOOR OPENING)
Betty Anne Waters?
Please define "contract" for us.
Um...
A contract is a promise or a set of promises
that the law in some way recognizes as a duty,
and when it's breached, the law provides a remedy.
BEN: (SOFTLY) Ma. Ma.
(BETTY INHALES SHARPLY)
- What time is it? - BEN: 8:15.
Shit. I didn't finish my paper!
Thanks, sweetie. You did your math?
No, I left my book at Dad's.
Richard!
I'll do it in school. Eat, Mom.
Mmm.
- Did you finish your poem, Ben? - Yeah.
RICHARD: Thanks to me.
You get yourselves ready, we're gonna leave in a minute.
"If There Was Peace in the World by Ben Currente."
Here, here. Come over here. Read it over here.
"If There Was Peace in the World by Ben Currente.
"Children would no longer have bad dreams
"of guns, bombs and deadly screams."
"Deathly." I wrote that line.
- You did not! - It's beautiful. Come on, read me the rest.
(PANTING) Wait, wait. One more.
It's 10:00. You're late.
Shit.
Can't believe it.
(BAND PLAYING WHISKEYIN THE JAR)
(SINGING) Whack for my daddy-o
Whack for my daddy-o
There's whiskey in the jar
You keep watching my ass, Aidan, I'm gonna have to clock you!
You keep wearing those jeans, I'm gonna have to marry you.
Here you go.
Hey, I know you!
Hi.
She's the other old lady in my class.
(MEN LAUGHING)
- AIDAN: Still thirsty? - A Bushmills, please.
- You her boss? - Well, technically.
- But she's the one who's a little bossy. - Hmm.
Bummer about your paper.
- I'm Abra Rice. - Oh, yeah, well...
Okay, now you're starting to hurt my feelings.
What?
We're gonna be friends
'cause we're the only ones in class who've been through puberty.
I'm just... I'm really busy.
Okay, I'll start. So, I got these lefty parents
and they're always telling me I should put my big mouth to good use
and try to change the system.
So, I ignored them, of course.
And after partying for a few too many years,
I finally figured out what I wanted to be when I grew up.
And it turned out my parents were right, God damn it!
So, here I am.
What about you?
Look, I'm not trying to be rude,
I just don't really have time for a friend right now.
Oh... Yeah, you do. I mean, I'm all you got!
I don't want anyone in school to know what I'm doing there.
Oh.
Well, I mean, I do have a big mouth, but I know how to keep a secret.
My brother Kenny, he got screwed by the system.
He's been in prison for 12 years, life without parole.
Whoa.
He's innocent.
Okay.
Yeah, I'm gonna find a way to get him out.
Okay.
He's innocent of what?
(CHAINSAW WHIRRING)
NANCY: Kenneth Waters?
Mr. Waters?
(CHAINSAW STOPS WHIRRING)
Hey.
(PANTING)
Finally someone who looks good in a uniform.
I'm Officer Nancy Taylor. I need you to come with me.
I'd love to, but I'm already spoken for.
Where'd you get those scratches?
Look around you, sweetheart. See the branches?
Sir, I need you to step into the patrol car.
Uh... Well...
My grandpa needs this tree out of here.
(FIRMLY) Now, Mr. Waters. Put down the chainsaw.
(SIGHS)
I tell you what, buttercup, why don't you go give out some parking tickets
and then come back when I'm done. How's that?
Put down the chainsaw, now.
Get the fuck off my grandpa's property. You're trespassing.
- Drop the weapon. - You're shitting me, right?
(FIRMLY) I said drop your weapon.
Take it easy there, Angie Dickinson, it's okay.
I'm putting it down, I'm putting it down.
Every time something happens in this godforsaken town,
you have to pick him up?
You know the drill, Betty Anne. He's got a record, we gotta bring him in.
That just sucks. I mean, he would never hurt Mrs. Brow.
(CHUCKLING) Hey! Hey, Tommy, Boisseau finally got my clothes off.
He's been wanting to get me alone naked for years.
You have to make an honest man of me now, you know that.
Let's go.
- KENNY: What's going on? - I'm picking you up.
You're picking me up? I love you. Look at my sis.
- Isn't she beautiful? - (LAUGHS) No.
Here she is to save the day. She's got her cape on.
(MUFFLED) Hey, listen.
No hard feelings, okay?
And may I say that you are one of my absolute favorite arrests.
What, you think this is a joke? She was stabbed 30 times
and her head bashed in till her brains flew out.
You think that's funny?
No, I don't think it's...
OFFICER: Listen, don't leave town for a while, all right?
We might have some more questions for you.
There goes my trip to Aruba. Okay.
So long, gentlemen and lady.
BETTY: You all right? KENNY: Yeah, you all right?
- Carry you? - BETTY: No, I don't want...
- (KENNY GRUNTS) - BETTY: (CHUCKLES) Kenny, I'm...
(CLANKING)
(KIDS SHOUTING)
BOY: Good one, Kenny.
No, don't ring it till the end.
(BETTY SCREAMING)
GIRL: Get him, Betty Anne.
BOY: Come on, Kenny.
(GIRL WHOOPS)
Someone's gotta talk to her.
- They ain't my fucking kids. - GRANDPA: She won't listen to me.
ELIZABETH: How'd you get so filthy?
Elizabeth, you treat them like trash, they're gonna grow up to be trash.
You go to hell. I work day and night for these kids.
Everything I do is for them.
Get upstairs and take a bath. And you're going to school tomorrow, you hear me?
- Hey, where the hell are you going? - ELIZABETH: I don't have to answer to you.
BOYFRIEND: The fuck you don't.
GRANDPA: Elizabeth, get back here. They're your kids.
Who's supposed to look after them?
He got down on his knee in the middle of the freaking restaurant.
It was so sweet.
(BAND PLAYING LONG TRAIN RUNNIN')
Yeah, it was totally, what do you say, conventional.
- Talking about marriage? - BRENDA: Traditional.
Traditional is what I meant.
- Thank you. - KENNY: Don't give Brenda any ideas.
BRENDA: I love you, baby. KENNY: I love you.
BRENDA: Mmm.
Mandy, you wanna dance?
- Congratulations. - BETTY: Thanks.
BRENDA: Congratulations.
(SINGING) Down along the tracks
She lost her home and her family
She won't be comin'back
Without love
Where would you be now
Without love
He's such a good dad, isn't he?
- You'll be a good dad. - I will.
Well, the Illinois Central
And the Southern Central Freight
You gotta keep on pushin', Mama
You know you're runnin'late
Without love
Where would you be now
(LIQUID SPLASHING)
- (MAN GROANS) - God, I'm sorry, man. I'm sorry. You okay?
- Who the hell brings a baby into a bar? - She likes the band!
Well, if you can't take care of your kid, you should keep your dick in your pants.
What did you say?
You heard me.
Absolutely, I'm sorry, man. I'm sorry.
- Here, hold Mandy for a second. - What are you doing?
Kenny...
(TABLE THUDDING)
- (BOTTLES RATTLING) - Kenny!
(CROWD EXCLAIMING)
You ever say another word about my daughter and I'll fucking kill you.
- (BAND STOPS PLAYING) - I'll take your fucking eye out.
You understand me, motherfucker?
- BETTY: Kenny, get off him. - You understand me?
BETTY: Hey, hey, Kenny, easy. Come on.
- Enough. - He's okay, all right.
No, he's all right, he's all right.
We clear? We're clear, right? Mano a mano, huh?
BETTY: Come on.
KENNY: Hey, we're cool. We're cool, he's all right. Get some Wild Turkey.
Wild Turkey for my buddy here. You okay, man?
- Get some ice for my buddy here. - Sit down. Sit down.
- This one's okay. He's fine. - No.
We're sitting here having fun and you had to go and do that.
Who's your buddy? Who's your pal?
(BAND PLAYING MYSHARONA)
Come on, now it's a party. You know what I'm saying?
Come on, come on!
Come on, come on, come on.
Come on, let's dance.
Give the baby to Betty and let's dance. Let's dance.
- Come on, let's dance. - Fuck you.
My, my, my
Whoo!
My, my, my Sharona
When you gonna give me some time, Sharona?
My, my, my Sharona
My Sharona
Never gonna stop, give it up
Such a dirty mind
Always get it up for the touch of the younger kind
My, my, my
Whoo!
My, my, my Sharona
(CROWD WHISTLING)
(CROWD WHOOPING)
Right here! Right here!
Never gonna stop, give it up
Such a dirty mind
Always get it up for the touch of the younger kind
My, my, my, my Whoo!
MAN: I dare you, Kenny! I dare you!
- Kenny! - Kenny!
(CROWD CHEERING)
BETTY: (WHISPERING) He's awake.
(GURGLING)
(MOUTHING)
(WHISPERING) Betty Anne.
He won't let go of my hand.
You keep waking him up because you keep checking on him.
You gotta calm down. Babe.
I don't want to turn out like my mother.
Oh, baby.
(PHONE RINGING)
Oh, shit. Quiet.
Hello?
Oh, no.
(SIGHS DEEPLY)
Benjamin Davenport, beloved father, grandfather and great-grandfather,
was a hard-working man who always put his family first.
Devoted to his wife, Eliza, until the day she died,
his daughter, Elizabeth, and all his grandchildren.
When times were roughest, Benjamin made sure there was food on the table.
- Can I help you, Officer? - OFFICER: Excuse me, Father.
Kenneth Waters, you're under arrest.
- What? - What?
We need you to come with us.
- Can't it wait? Show some respect! - It's my grandfather's funeral.
Now, Mr. Waters.
Please, can't it just wait until after the funeral?
All right, okay. I'm coming. Just take care of Mandy.
Okay.
Okay, I'm coming. I'm coming, all right?
Please, can't this wait?
- KENNY: What's this for? - Just until after the funeral.
Come on, guys. Give me a break over here.
What is this for? A goddamn parking ticket?
What the fuck?
Kenneth Waters, you're under arrest for the murder of Katharina Brow.
Are you out of your fucking mind? You let me off two years ago!
We got you now.
- Look, these lawyers want 25,000 up front. - (SCOFFS) 25 grand?
If I had 25 grand, I'd buy a fucking yacht.
This is a joke. They got nothing on me!
They arrested you for murder. They must think they have something.
No. The police are fucking with me. A public defender will be fine.
Hey, come on, you're gonna get wrinkles.
Cops are drawn to me like bees to honey, you know that. I have a gift.
Yeah, some gift.
Hey, don't worry. They got nothing.
It's gonna be okay.
He had a scratch on his face.
On the morning of February 21, 1980, he came home with a scratch on his face?
Yes. Right here.
For the record, you're showing them just below the eye to just below your lip?
Right.
Did you have an argument with Mr. Waters in July, 1980,
five months after the murder?
Yeah, he tried throwing me out a second-floor window.
And at some point during the argument, did he say something to you?
I asked him if he killed that woman.
He said, "Yeah, what's it to you?"
FAHEY: Ms. Marsh, can you please tell the jury,
why did you wait more than two years to tell the police
that Kenny said he had killed Mrs. Brow?
I was afraid of him. I thought he'd kill me, too.
(WHISPERS) What is she doing to him?
I show you, Ms. Marsh, what's marked as Exhibit number 64,
and I would ask if you could identify that.
It's the same knife Kenny carried.
And when Kenneth Waters was brought in as a suspect,
did he have an alibi for the period between midnight and 9:00 a. m.
on February 21st?
He claimed that he was working as a cook at the Park Diner.
FAHEY: And what did you discover when you checked out his alibi?
We confirmed that he was at work until 5:00 a. m.,
but beyond that, there were no witnesses who saw when he left.
His time cards were never found.
KATSAS: The head and chest were struck with a ceramic lamp and a metal toaster,
and there were 30 stab wounds. Six to the head and neck,
three to the back, one to the abdomen and 14 to the chest.
Five of them penetrated to the heart,
and one time it went through the front and almost came out the back.
HIGGINS: There was an enormous amount of blood, mostly from the victim,
but some from the perpetrator.
And what, if anything, did you determine
with respect to the blood of Katharina Brow?
Katharina Brow would be identified as blood group B.
And with respect to Exhibits 68A through F,
did you examine those items from the murder scene
and determine the blood group present on each?
Yes. The blood on each of those items was from blood group O.
And did you have occasion to test a sample
from the defendant, Kenneth Waters?
Yes. His sample is from blood group O.
FAHEY: And what was your relationship
with Mr. Waters after you met the summer of 1980?
ROSEANNA: Mmm...
I guess you could say we were lovers for a while, about six months.
FAHEY: On those occasions when you did some drinking with Mr. Waters,
- do you recall anything he said to you? - (MOUTHING)
He told me he got picked up for a murder in Ayer
and that they couldn't pin it on him, and he laughed about it.
FAHEY: Sometime after the summer of 1980,
did you have another conversation with Mr. Waters about this murder?
Yes.
Um...
He told me he stabbed her and he took her money and jewelry.
FAHEY: Did he tell you anything else?
He called her an old German bitch, a fucking old German bitch.
After Kenneth Waters supposedly told you, "I killed her,"
did you terminate seeing him?
- No. - So you believed him to be a murderer,
but you continued to be romantically involved?
Yeah. Until he bashed my teeth in.
FAHEY: You have nine children by seven different fathers, is that correct?
Objection!
Sustained.
Didn't the state, in fact, declare you an unfit mother
and take your children away from you?
Objection! Irrelevant.
Sustained. Watch yourself, Ms. Fahey.
Wasn't Kenny sent to training school for breaking into K. Brow's home?
- No! That wasn't... - And didn't your son
regularly break into houses in the neighborhood?
(STAMMERING) I never condoned that type of behavior from my children...
Just answer the question, please.
Yes.
BETTY: I hope our place is as nice.
KENNY: I'm not gonna live in no trailer.
I'm gonna have a mansion with 100 rooms.
BETTY: (CHUCKLES) And 10 refrigerators filled with candy.
KENNY: And our own private lake.
BETTY: Lake Betty Anne and Kenny. KENNY: Lake Kenny and Betty Anne.
- I said it first. - Well, I'm older.
No, stop it!
Where's my candy?
Calm down, Mrs. Brow. We'll take care of it.
Lee, around back.
(BANGING ON DOOR)
Open up in there. Police.
Where do you think you're going? Come here.
KENNY: Go, go, go, go.
God damn it! What did I tell you kids about trespassing?
Kenny, get over here. Stand right there. Betty Anne, come on. Ow!
- Come here, Betty Anne, come here. - (BETTY SHRIEKS)
Get over here.
Hey, fat ass, your mother's a dirty whore.
Come here. Ow!
You don't touch my sister. Don't you touch my sister.
Don't touch her.
OFFICER: Take him to the ground.
Get down.
(GRUNTING)
Kenny!
Go, run. Run, Betty Anne. Run!
BETTY: We were just kids.
We'd play in people's houses and pretend we had a normal life.
I don't know what you're talking about. You had a perfectly normal life.
Yeah. Eight foster homes. Perfectly normal.
There, baby.
ELIZABETH: The only reason they took you away from me
is because I worked too much.
I had no life except for you kids.
We know, Mother. You were practically a nun.
But Kenny, he'd be like a wild animal.
I'm not saying he was born bad, but he had that temper.
I was always afraid he might kill somebody.
Don't you ever say that to me or anyone else!
Don't you even think it, you understand me?
I mean, what kind of mother would say something like that?
ELIZABETH: They're my babies! They can't do this!
GRANDPA: They bloody well can.
ELIZABETH: Why do they have to separate them?
Why can't they go to one foster home?
Shh!
BOISSEAU: I hate to split them up.
Okay, Kenny. Come with me.
Where you taking him?
- You are gonna come with me, honey. - No, I don't want to.
Come on, fellow, now.
Stop! No! Let go of him!
Betty, stop, stop. Let him go. You gotta let him go.
- Please, no! - BETTY: Don't take my brother!
- Betty Anne! - BETTY: We have to stay together!
- Kenny, stop! - (BETTY SCREAMS)
(SOBBING)
JUDGE: Will the defendant please rise?
On indictment 82-4115,
this indictment charging Kenneth Waters with murder,
what say you, Madam Foreman? Is the defendant guilty or not guilty?
We find the defendant guilty, Your Honor.
CLERK: Guilty of what? FOREMAN: Murder in the first degree.
CLERK: 82-4116, this indictment charging Kenneth Waters with armed robbery.
What say you, Madam Foreman? Is the defendant guilty or not guilty?
- FOREMAN: We find the defendant guilty. - (EXHALES)
We'll appeal it, Kenny!
We'll get you out!
We'll get you out, Kenny!
You hear me?
(SOBBING)
I'm sorry, baby.
Honey, I want to go see him. Can I go see him?
You can't.
GUARD: And if you keep acting like that, we're gonna take your ass to the hole.
KENNY: I want my fucking phone call now.
- You will obey the rules in this facility. - I want my fucking phone call.
(INMATES SHOUTING)
GUARD: You about that close, motherfucker!
Settle down! I said you gotta settle down!
You want some of this shit?
Fuck you!
Fuck you! Fuck!
- Get down! - You fucking cocksuckers.
That's all you got, you fuckers.
BETTY: Did you tell Mr. Peters it was urgent?
I haven't heard from Kenny in two weeks.
RICK: Not in your mouth, buddy.
BETTY: He's called me every Sunday for the past three years.
Something's happened.
Ow! Shit!
- Son of a... - BETTY: Just find my brother.
Damn it, where is he?
Something's wrong, I know it. We should have heard from Kenny by now.
You gotta make peace with this.
- Make peace? - We got a family here. This is us now.
Babe, Kenny's in prison for the rest of his life. Accept it.
I will never accept it.
(TELEPHONE RINGING)
- Hello. - It's Harvey Peters.
Finally. I haven't heard from Kenny since we lost the appeal.
Everything's okay now. You got nothing to worry about.
What do you mean? What happened?
- Your brother's in isolation, so no calls... - Why is he in isolation?
He tried to kill himself.
(SIGHS)
What?
KENNY: Kiddo.
How are you?
How could you do this?
What, this?
(LAUGHS)
You'd be better off.
God damn it, Kenny. Promise me you'll never do this again.
There's nothing left. It's over.
There's still the Supreme Court.
Supreme Court?
The Supreme Court ain't gonna fucking hear this case. I'm fucked.
- I was fucked right from the start. - You can't give up.
We'll find somebody else. I'll take out a loan.
We'll get a top lawyer this time.
Hey, when are you gonna get it, Betty Anne? There is no one else.
There's not a lawyer on earth to give a fuck about me.
There has to be. You're innocent.
(SCOFFS)
Are you sure about that?
How could you ask me that? How could you ask me that?
Doesn't matter whether I killed Mrs. Brow or not.
I'm a piece of shit, aren't I? I'm no good to anybody.
(CRYING)
What about your daughter?
What daughter?
She's being poisoned against me. I'm never gonna see her again.
That is not true.
I gotta go. I'm doing Mandy a favor.
She's the one good thing I ever did in my piece of shit life
and I got nothing to give her.
Please, Kenny, wait. You promise me you'll never hurt yourself again.
Promise me.
(WHISPERS) I can't spend the rest of my life in here.
(SHAKILY) Kenny, wait.
(BREATHES DEEPLY)
What's this?
I thought maybe I could get a degree, finally.
Why?
I just thought, maybe... I don't know.
Maybe I could eventually apply to law school.
You're not doing this. You're not doing this.
I could go part time, I could still...
Enough.
So, this is what I'm gonna do and... Don't laugh, all right?
I'm gonna start by trying to get a BA after I finally take the stupid GED test,
and after that, if I even get that far, and there's no guarantee I'll even get in,
I'll apply to law school.
But it is gonna take a long time, Kenny, a really long time,
and, I mean, I might be 80 years old before I finally become a lawyer,
and even then, I still don't know if I'm gonna find the answers.
But you just have to promise me,
you just have to,
that you will never try to kill yourself ever again,
'cause if you do...
Just don't.
Okay.
(SIGHS DEEPLY)
May it please the court, my name is Betty Anne Waters
and the issue today is whether my client...
The issue is whether Ms. Cooper...
No, the issue is whether... Shit.
Start again, Ms. Waters. And breathe.
Right, breathe.
Jesus.
What are you doing, Ben?
You guys okay?
- Hey, you got them, didn't you? - Oh, shit.
- Did you forget? - You forgot the fishing trip?
No, of course not. I just...
I just didn't remember it was this weekend.
Guys, I'm so sorry, I can't go.
I have to argue a brief in front of real judges and lawyers.
You promised.
I know, honey. We'll go another weekend, okay?
- When? When Uncle Kenny gets out of jail? - BETTY: Richard.
- Honey, I'm sorry. - I know.
KENNY: I found this book in the library.
It says that women hardly ever shoot themselves when they commit suicide.
So Romeo Collad's screwing Mrs. Brow, right?
His wife puts a bullet in her head. You follow?
Yeah.
What if we can prove he shot her?
How we gonna do that?
I don't know, we'll investigate.
And then they'd take him more seriously as a suspect in the Brow case...
But Romeo Collad's dead, so...
(SIGHING) So... So, what? It could still be enough to re-open the case.
We just gotta find a precedent. Ask your Evidence teacher.
I really can't right now. I got a ton of work and...
What's going on?
- Tell me. - It's nothing. I'm fine.
(SCOFFS)
- Is something going on with the boys? - No.
Look, I'm... Just forget it!
Did they strip search you?
No.
Betty, it's me. Now, come on, stop.
I'm on probation at school.
Probation? What do you mean? I'm the one in jail.
What are you talking about? What does that mean?
It means that if I don't improve, I'm out.
But you're doing... You're doing so... You're doing great.
No, I'm not. I've had late papers and I flunked my Torts exam.
They can't do that to you.
You're the smartest person in the whole goddamn school.
Fuck that! I'm gonna write a letter to those scumbag teachers...
Yeah, and make sure you call them scumbags in the letter.
Fuck them! You should at least get extra credit
for working on a real fucking case.
They don't care about that.
Look, don't worry about this, okay? I'm gonna take care of it.
Okay?
Okay, okay. Hey, don't cry, honey.
You're worth a thousand of them preppy shitheads.
Don't cry, okay?
I know, I'm sorry.
GUARD: No touching.
(INDISTINCT)
- Hi. - RICHARD: Hi.
You guys have a nice weekend?
- Yeah. - BETTY: Yeah?
- Get any homework done? - A little.
BEN: Yeah. BETTY: Yeah?
Okay, what's going on?
Hmm?
Come on, talk. What happened?
We were thinking, you know, since you've been so busy and all...
We were thinking that maybe we wanna live with Dad.
That son of a bitch! He put you up to this?
No.
Did he?
No.
I need a guy around, you know? For guy things.
You feel the same way?
Kind of.
(SIGHS)
Call me, okay? Let me know how you do on your math test.
- Okay. - I love you.
And you, you don't forget to set your alarm.
- If you're late for English again... - I know, Mom, I know.
Watch your head. Come here. (KISSING)
All right, stop, Mom. Stop!
- I love you. I love you so much. - I love you, too, Mom.
BETTY: Okay.
I'll see you Friday. We'll go to the movies.
Bye, bye.
(PANTING)
(SOBBING)
- PROFESSOR BLOCK: Samson. - Here.
- PROFESSOR BLOCK: Shaw. - Here.
PROFESSOR BLOCK: Stevens. Taylor. TAYLOR: Present.
- PROFESSOR BLOCK: Thomassen. - Yeah.
- PROFESSOR BLOCK: Vaughn. - Here.
Waters. Waters? Betty Anne Waters?
- ABRA: Come on, up. - I'm unfit. Just like my mother.
Will you knock it off? That is not true.
But I'll tell you what. If you keep missing classes, you will fail.
I've already failed. I lost my boys.
Betty, you didn't lose them.
I wasn't there for them. I wasn't.
I can't help Kenny.
Especially if you get kicked out of law school.
There's your underwear, there's your jeans,
(SNIFFS) that's clean. Come on, get dressed.
I can't. I can't.
Just come to school today. Start there.
(SIGHING)
KENNY: Life's swell here at the Hilton, food's fucking fantastic,
just like Ma used to make.
Can you send me more white socks? I love you and I miss you very much.
I, Kenneth Waters, being of sound mind, leave all my worldly possessions
to my sister, Betty Anne Waters.
Also, most important, I'm giving her full authority on any decisions
concerning my daughter Mandy Marsh's well-being.
SCOTT: So, two of us will be defense attorneys,
two will be the prosecutors.
Thanks for dropping by, Waters.
Nice ironing job.
SCOTT: And then we need a defendant, and a paralegal.
I nominate Betty Anne to be the defendant.
What's my alleged crime?
Uh... Rape.
Oh. Gee, thanks. What case did they assign us?
You'd know that if you actually came to class.
Shut the fuck up.
Sewell v. State, 1992.
Sewell had already served 10 years in prison for rape,
and then he sued the state for the right to DNA test the rape kit.
DNA test?
Yeah, the semen in the rape kit wasn't his. The DNA didn't match.
And he won?
Yes.
Yeah, look. "Advances in technology may yield protection for exculpation
"where none previously existed."
SCOTT: All right, so who wants to be the paralegal?
- (KNOCKING AT DOOR) - BETTY: Abra.
It's the blood. This is the key.
- What? - There was so much blood.
Look, I'm gonna get Kenny out. There were no DNA tests then.
They only knew that the murderer was type O and so is Kenny.
But now, if we can DNA test the murderer's blood and Kenny's,
it'll prove Kenny's innocent, just like in the rape case.
Betty.
I'm sorry, Don.
There are 49 other cases like this.
(STAMMERS)
Wait. How do you know the blood evidence still exists?
'Cause we're gonna find it. And Barry Scheck is gonna help.
- Here, look. - Oh, I see. Barry Scheck.
This is what he does. Look, he has this Innocence Project in New York.
And you're just gonna call him up and he's gonna take your case?
Yes!
Are we both gonna sleep with him or just you?
Abra, God. Look.
Dear Mr. Scheck, I would greatly appreciate any assistance
you and the Innocence Project can provide in helping me free my brother, Kenny,
from a life-without-parole sentence.
In 1983, Kenny was convicted in Massachusetts of first-degree murder
with extreme atrocity and armed robbery.
I have done everything in my power for the last 16 years
to prepare myself to prove my brother's innocence.
You good?
I can't find it. I can't find my ID.
ABRA: You checked your whole wallet? BETTY: Twice!
ABRA: You can't take the Bar exam without ID.
Abra Rice.
WOMAN: Rice.
ABRA: Thank you. Thanks. WOMAN: Next.
I'm sorry, I can't find my ID. Just one second.
- Look what I found in my... There. - You bitch.
(LAUGHS)
- It's funny. - I can't believe you did that.
- WOMAN: Waters. - You almost gave me a heart attack.
She's very old and she can't remember a single thing.
BETTY: Mr. Scheck,
the day that my brother was unjustly convicted of this crime,
changed not only his life, but mine.
HUY: Dear Ms. Waters, I've enclosed an application for your brother Kenny
to complete and return to our office.
I must stress that we only accept cases
where DNA evidence can exonerate the accused.
It will be vital for us to determine if any such evidence still exists.
Without DNA evidence, it will be impossible for us to proceed.
The Innocence Project has a backlog of several hundred cases,
so I must caution that it will be at least 18 months
before we can begin to evaluate your brother's case.
If, however, you pass the Bar exam and become your brother's attorney,
you yourself can begin looking for the DNA evidence immediately.
If you manage to find it, Mr. Scheck may agree to act as consulting attorney,
in which case we can work together towards exonerating your brother.
RICHARD: Mom? BETTY: I'm in the kitchen.
Damn thing's still frozen.
(RICHARD SIGHS)
Thin's good, right? Didn't you say that?
- Open it. - Are you sure?
Don't look at it. Just hold it up for me to read.
- Don't look! - I'm not.
Thank you, God.
Did you hear what I said?
Kenny?
(WHOOPS) Yeah! We did it! We did it!
My baby sister!
GUARD 1: Muddy, would you please sit down?
My baby sister did it! My baby sister just passed the Bar.
Yeah, yeah. I understand, but you have to sit down.
- GUARD 2: Waters, have a seat. - You have to take a seat, now!
Right, okay. I'm gonna take a seat.
BETTY: Sit down. No, come on.
(KENNY WHOOPS)
Get the hell off of me! What the hell is wrong with you?
- Sit down! Sit down. - (LAUGHS) Okay.
I'm cool. I'm all right.
Okay, okay.
So proud of you.
I'm proud of you.
OFFICER: Ayer police.
Hi. I'm an attorney, and I'm calling regarding evidence from a 1983 case.
Your name, please?
Um...
Abra Rice.
If they realize I'm one of the Waters kids,
God knows what they'd do to the evidence. You know?
I just don't trust them.
ABRA: You could have used your married name.
Yeah, but then when I want to be me,
I won't be able to 'cause I was someone else.
I want to be me when I need to be me.
So to solve this problem, you decided to be me?
Just this once.
Nice. Yeah, I love those shoes.
But from this point on...
- You need me to be me. - Right.
Okay. So what did the Ayer Police tell me, again?
They don't have the evidence there anymore.
It's at the courthouse where we had Kenny's trial.
That's where I need you to call on Monday.
On Monday. Okay.
I understand if you can't help.
I mean, I don't wanna do anything to jeopardize your new job.
I mean, this is my cause, not yours.
It's my cause, too.
Okay. Does this make me look like Barbara Bush?
A little.
Yeah.
I don't deserve a friend like you.
You're damn right you don't.
That's right. Waters. 1983.
Okay, well, isn't it possible that it's still in...
(WHISPERING) What? What are they saying?
Do you have an actual date when that would have happened?
(WHISPERS) What happened?
Okay. Thank you.
What? What did they say? What did they say?
- Abra. - (SIGHS)
Betty, they destroyed it.
What?
According to Massachusetts law, they destroy evidence after 10 years,
and Kenny's evidence was destroyed in April, 1993.
(VOICE BREAKING) That is not possible.
I did not come this far, after all this time...
- I'm sorry. - No, wait.
It has to be there. No. It has to be there. It's his only chance.
- Look, we're gonna make them look for it. - Honey, there's nothing to look for.
- We're gonna make them look for it. - Sorry.
We're gonna make them look for it.
ABRA: I understand what your records... BETTY: I know, but I was hoping that
by some chance, the sample might have been left at your lab.
But the woman I spoke to last week said she would look.
Alice O'Malley.
Okay, well, is Kathleen Higgins still working there?
She testified at the original trial.
Linda Clarke.
And she checked every single box in that basement?
(WHISPERS) Ask for the supervisor.
Can I speak to your supervisor, please?
(EXHALES)
Okay. Well, thanks for looking.
Mrs. Halloran? Hi, this is Abra Rice again.
I'm sure Ms. Clarke searched thoroughly. Yeah, if you yourself could look.
(WHISPERS) Yeah.
What?
No, I didn't realize you already...
Yeah. Okay, thanks.
Your mother's not in the best mood.