Kavanagh QC (1995) s03e06 Episode Script

In God We Trust

1 DAD: Boy, I'm glad that's over.
MOM: You say that every week when we go shopping.
Now you know these children are growing.
And the first thing I want you to do, Tye, when we get in is to clean up your room.
Oh, Daddy, that's so unfair! MOM: Now watch those eggs.
DAD: What the hell (Gunshot) MOM: Oh.
God.
David.
-’ No.
stop.
no.
-' (Gunshot) TYRONE: Momma.
- What is it.
Momma? (Gunshot) LITTLE GIRL: Hey.
mister.
what you doing? (Gunshot) This was a terrible crime.
A decent, hard-working family murdered in their own home.
To give the Andersons justice here today.
I ask you to set aside any feelings of anger and revulsion in your heart.
And judge this case on the evidence alone.
You have the evidence of Eugene Styles.
Who saw the accused William Dupree.
Come out of the house moments after shots were heard.
You have the evidence of the accused's fingerprints - found all over the crime scene.
You have forensic evidence that the gunpowder engrained in Dupree's skin, was consistent with that found in the contact wound in the body of little Tyrone Anderson.
You have evidence of the bloody footprint found in the Andersons' kitchen.
You have the sneakers which left that imprint, found by Detective Valkenburgh stuffed in the back of a closet in Dupree's apartment.
You have incontrovertible forensic evidence that the blood on Dupree's sneakers was Dr Anderson's blood.
Ladies and gentlemen, short of a photograph of the accused pulling the trigger, I ask you What more do you need to convict William Dupree? DEFENCE: Mr Dupree freely admits that he burglarised the Andersons' house.
But he left 19 Fairvale Avenue before the Andersons returned home.
Simple as that.
How the sneakers came to be in Mr Dupree's apartment is a matter for conjecture.
Mr Dupree had put the sneakers out in the trash earlier in the week.
So how they came to be in his closet.
In his apartment well, that's anyone's guess.
Sol ask you to bring all your experience and common sense to bear on this case.
as as I know you will, and bring in a verdict of Not Guilty to Murder.
(Door clangs) Hey.
man.
What's up.
man? How you doing? (Inmates shout greetings) NEWSREADER: The sentence of death was returned today against killer William Dupree.
Convicted in October of murdering the Anderson family.
FEMALE REPORTER".
After a three-day trial.
a jury found Dupree guilty of first-degree murder.
The jury reached its decision NEWSMAN: Describing Dupree as one of the most evil men ever to come before him.
Judge Henry J Lee handed down three death sentences for the crime.
MALE REPORTER: As in all death penalty cases.
Dupree's sentence was sent to the Count of Appeals.
FEMALE REPORTER: Dupree will remain at Hope Correctional Facility while his attorney.
Paul Cantrell.
Begins what promises to be a lengthy appeals procedure.
We now return to the top story of the hour.
At the White House.
President Bush When I was elected Governor.
I made a pledge to the people that I would do everything in my power to reduce crime.
My message to the wrongdoer is clear and simple.
It you commit a crime in the state of Florida you will pay the price.
(Steak sizzles) (Sirens wail) (Shouting) he that heareth my word and believeth on him that sent me, hath everlasting life.
And shall not come in to condemnation but is passed from death into life.
Pater, Filius et Spiritus Sanctus.
(Inmates cry out) Well one less mouth to feed.
Do you hear me? I'm talking to you.
Dupree.
Your day is coming.
Real soon.
You've got yourself a date, son.
And there ain't nothing on earth's gonna stop you from keeping it.
(Engines whine) Could I look at your paper? Sure.
Keep it.
I'm just about through.
Nothing much in it.
excepting that son-of-a-bitch killer Dupree.
Robber.
Done killed hisself a mess of coloured folks about four or five years back.
Still his turn now.
Yes, sir, come next full moon, we're gonna fry his ass like a shrimp on a griddle.
Y'all don't got that in England, do you? No, we gave up on it.
Kept hanging innocent people.
Uh-huh.
Well, we kinda figure it's a good idea.
It being an eye for an eye, an' all.
You know? My name's Kavanagh.
James Kavanagh.
I'm looking for er Julia Robinson.
Mr Kavanagh? Phil Robinson.
The husband.
- Oh, how do you do? - Fine, fine.
Jackie.
would you make us some coffee.
Please? I'm intrigued.
What makes a high-flying English lawyer travel 3.
000 miles to work on a no-win case for free? KAVANAGH: I'm surprised you have to ask.
Well, I know why I'd do it.
This is where I live.
But with the greatest respect, sir, it's hardly your fight.
You, um You have a very persuasive wife.
(Chuckles) Yes, I do.
How long have you Oh, too damn long.
I suppose how I should move into something that pays, huh? Well.
what's stopping you? Oh, I don't know.
These guys, I guess.
(Footsteps approach) - Oh, thank you, Jackie.
- OK.
I er I saw this on the way in.
Oh, yeah.
He dropped it on us yesterday.
Election time.
I saw the campaign posters.
Yeah, Governor Cotton got in on a strong law-and-order ticket.
Dupree's just his way of reminding folks it'll be business as usual if they just keep the faith.
What are our chances if this runs the distance? Clemency? (Chuckles) Right.
Cotton hasn't commuted a death sentence in four years.
And it's not just a political thing, either.
The man enjoys his work.
Sees himself as.
I don't know some sort of modern day Emperor Nero at the Circus Maximus.
A day's just not the same if he doesn't send someone to their death.
So are you looking for mercy.
Mr Kavanagh? I'd look somewhere other than Governor Stamford P Cotton.
Oh, my God.
Oh, my God, you're here.
James! - Wait.
waft.
-' - Julia, what What is it? Yeah.
- You're - Up the duff.
Oh, that's wonderful! Oops.
Don't worry, it won't break.
Congratulations.
When's it due? Oh, about six weeks.
I'm sorry I wasn't at the airport.
Late scan.
They took a photograph.
Do you see the mouth, the hose? - It's sucking its thumb.
- Oh, yeah.
Look, it's not even born yet and already I'm a complete baby bore.
- No, you're not.
- I am, I know I am.
Oh, it's so good to see you.
How is everyone? Oh, fine.
Everyone in chambers sends their love.
Jeremy in particular wants to be remembered.
How could I forget? Jackie made coffee.
Can I get you a camomile? Oh, I'd love a cup, thank you.
Y'all excuse me a minute.
I want all the news.
Well, how are you for starters? Oh, you know, same old same old.
Well, how how's Lizzie? How long? Oh, a couple of days.
A week.
Ten days at the most.
You haven't worked on a capital appeal since Errol Wyndham.
Are you sure you want to go through all that again? Well.
ifs not as if I'd have to appear.
Julia's handling the court end.
She just wants her old pupil master to cast an eye over things, help prepare the case.
Her husband's an appeals lawyer.
He's tied up on a case in Miami.
He's flying backwards and forwards.
Well, what did you tell her? I said I'd talk it through with you.
Common courtesy.
No.
You want to go.
Well, it wouldn't be the end of the world if I don't, no.
No.
It would have been a chance to pull one back, though.
Might not get another.
Still there we are.
Don't over-pack.
KAVANAGH: Where are you with it? JULIA: Dupree's been through this whole process once.
Now we're back at State Habeas.
You got it remanded for an evidentiary hearing on what? It was a mixed bag.
Evidence of mental retardation which the jury should have heard at the penalty phase.
Ineffective assistance of counsel.
And possible prosecution misconduct.
Nobody saw fit to mention any of this on the first appeal? It was limped through Direct Review by some local ambulance chaser who slept in his car and spent most of the fighting fund on whisky.
So, when his liver gave up the ghost, it was handed down to a kid fresh out of law school who filed for inappropriate applications for a year or so.
Then to us.
What about his original trial lawyer, Cantrell? He jumped ship a couple of weeks after the sentence was handed down.
Landed himself a job at the Attorney General's Office.
Public defender to state prosecutor - just like that? Hey, Cantrell's an up-and-coming man.
Campaign worker for the Cotton camp.
He must have sharpened up his act.
To my mind, the grounds for ineffective assistance of counsel are unarguable.
I mean, what were you saying about Dupree - in and out of children's homes? Violent, abusive father.
Taken into care.
foster homes juvenile detention.
Worked his way up to the "big house" by age 21.
And what was he doing at the time of his arrest? On parole.
Working as a groundsman up at one of the university frat houses.
And what about new evidence? Well, one bright spark.
Detective Valkenburgh, the officer who found the sneakers at Dupree's apartment? Suspended last month pending Internal Affairs investigation into allegations of racism.
Who made the allegations? Valkenburgh's partner - Detective Fuller.
He's a good man.
Yes, he is.
He really cares.
He wants to change things.
So you've no regrets about coming out here? No.
Oh, well, Mum and Dad, of course.
Especially now with the baby.
Apart from that, no.
Good.
Thanks for coming, James.
Here's to you Mrs Robinson.
(They chuckle) (Ringing tone) CHOIR ON TV: Joy To The World (TV off) (Rings) (Lizzie retches) (Door slides open) Hey, baby, pucker up.
Hey, beautiful! Hey.
sugar.
You've sure got a pretty mouth.
Yo.
baby.
Yo.
come over here.
I wanna ride that sweet pink ass of yours to hell and back.
Don't take any notice.
What makes you think they're talking to me? (Whooping) Mr Dupree this is Mr Kavanagh.
How do you do? Mr Kavanagh has flown over from England to help you with your appeal.
No kiddin'.
I've been hearing that for four long years, and I'm still here.
So if I don't jump up and down, you'll have to excuse me.
You bring me the candy I asked for? Yeah.
I ain't scared.
And I don't want you to be thinking I'm scared.
Cos I ain't.
I may be walking through the valley of the shadow of death an' all.
But when it comes to my time to walk the wing, I'll hold my head up high like an ancient king.
Mr Dupree, it's our view that your original trial was badly mishandled by your attorney.
Damn right it was! I've done some bad things in my time but I didn't never kill those folks.
I'm afraid it'll take more than just a point-blank denial from you to convince them.
By the time they were shot, man, I was on the other side of town haying myself a beer.
That was never offered in evidence.
I know.
I told Cantrell.
But he never brought it up in court.
I told him if he'd have sent someone down there.
He'd have found someone as could have said they seen me.
And I wouldn't be where I am right now.
Well, what was the name of the bar? I can't rightly remember right now.
Er Flamingo maybe, I don't know.
I've been to a lot of bars.
A lot of bars, lot of girls.
Well, obviously we're gonna go through the whole aspect of the case.
Starting from the original 911 call through to the forensic and witness statements.
But it would help if you could take us through exactly what happened at the Andersons'.
Huh.
Perhaps you could start by telling us how you got down there.
Bus.
I took the bus.
I just went there to rob the place, you know, that's all.
You didn't wear gloves.
I thought I wiped everywhere I touched.
Kinda sloppy, I guess.
And you left the house how? Same way I came in - through the back door.
You're sure about that? That's what I said, didn't I? That Styles, man.
That Eugene Styles said he see'd me come out the front door.
He's a born liar.
And after that, you went to the bar, The Flamingo? Yeah.
I think that's what it's called.
I-I don't read too well.
But there was a damn big pink bird outside.
Cantrell never dealt in court with the gunpowder found engrained under your skin.
I told you l never shot no-one! I was out in the Glades with a friend a few days before.
His gun.
I never owned a gun.
Why wasn't your friend called to give evidence? He was on the lam himself.
Mr Cantrell tried to find him.
But once that weasel go to ground, man.
Ain't nobody can find him.
What was his name? Marlon.
Marlon Jarrett.
We'd like you to meet with a psychiatrist.
We need to prove that your attorney failed to offer proper mitigation.
A report from a psychiatrist as to the effect an abused and deprived childhood So if the court agrees that Cantrell should have got me a shrink, they'll put me back for resentencing? More or less.
If you want me to see him, man, I'll see him.
I ain't always walked in the ways of the righteous.
It's like Father O'Brien says - like Daniel, you know? Daniel? "My God has sent an angel, and has shut the lions' mouths.
They have not hurt me.
" Y'all gonna be my angels now.
KAVANAGH: If he's telling the truth.
we 'we got to accept that after Dupree left.
Someone else broke in to rob the Andersons and shot them.
JULIA: Do you buy it? - I've heard more plausible stories.
On the other hand, he doesn't seem overly worried by what they've got planned for him.
So, how do you rate our chances? It'll be uphill.
You'd best go and see if Valkenburgh's partner's willing to talk to us.
First person we've got to get hold of is Cantrell.
Setup a meeting with him.
(Phone rings) (Puzzle bleeps) (Sighs) Yeah? WOMAN: Mr Kavanagh to speak to you.
Who? Oh, er you tell him I'm busy right now.
(Puzzle bleeps) KAVANAGH: You sure this is the place? Well, it's the only Flamingo Bar in the book.
(Siren wails) I Country and western He used to drink in here about four years ago.
I wonder if you might remember him? Does this look like a nigger joint to you, mister? Cos it sure as hell don't look like a nigger joint to me.
Does this look like a nigger joint to you.
Dwayne? No, sir.
If you'd just look at the picture.
It's Dupree.
He's on Death Row for killing a nigger doctor or something.
And what you fussing yourself over trash like that for, huh? You're a people person, aren't you? Say what? Let's leave it, Jim.
If I were you, mister, I would listen to the little lady and go running back to my nigger friends.
Go on get! JULIA: So you didn't find the sneakers? MAN: No.
I mean, I looked in that closet myself.
KAVANAGH: Are you saying there weren't any sneakers in that closet? Not that I saw.
Are you saying Valkenburgh put them there? They weren't there when I looked.
In that case she must have stained them somehow with Dr Anderson's blood.
Like maybe she had a rag soaked in blood that she removed from the scene of the crime? Yeah l wouldn't like to speculate on that.
Now, I just wanna do the right thing.
I mean, if we're gonna move forward, people like Valkenburgh, bigots and such-like, they don't belong on the force.
"I don't read too well.
but there was a damn big pink bird outside.
" We've requested details of the original 911 call several times now.
What you're saying is, you've lost it? Yeah.
Yes.
I would appreciate that.
- Oh, I thought you'd gone.
- Well, the flights not till four.
Just thought I'd pop in and see how my baby was doing.
Well, we've found Marlon Jarrett, aka The Weasel.
Great.
Killed by another inmate in Louisiana State Penitentiary last July.
Not so great.
Well, if you need me, you can reach me at the Miami office, OK? All right.
Bye, darling - Bye.
- Take care.
Good afternoon.
Paul Cantrell, please.
Are you still after Cantrell? Well, Governor Cotton's got a campaign rally at Braddock University tonight.
Cantrell's part of his campaign team so he ought to be there.
Bye.
Thank you.
KAVANAGH: You offered little in the way of mitigation.
MAN: Judge Limburger's not partial to special pleading.
Little I could have said would have influenced him, and I resent the implication.
Like the fact that he suffered in the hands of an abusive and alcoholic father? So have many people.
It doesn't make them all turn out to be cold-hearted killers.
Well, now, well, now.
Who've we all got here? Governor.
Any friend of Paul Cantrell is a friend of mine.
Governor Stamford Cotton at your service.
This is my grandson Skip.
Mr Chadway, who does a lot of fine work for the party.
You folks having a good time tonight? Oh, er Mr Kavanagh and Mrs Piper-Robinson are working out at the Resource Centre on the Dupree Appeal.
- You know, the Anderson murderer.
- Is that a fact? Huh, what do you think of my little hall? The Stamford P Cotton Sports Arena.
$8 million and some change.
Unusual choice of venue for a political rally.
"Train a child the way he should go, and when he is old he'll not depart from it.
" You see, myself and Skip here, we're both er Braddock men, you understand? Not but one male Cotton in the last 100 years has not graduated from these hallowed halls magna cum laude.
Awful nice meeting you folks.
Hope you have a fine time in this country of ours.
Goodnight, all.
- We'll see you in the car, Paul.
- Yeah, with you in a minute.
- Mr Cantrell, we'll need to talk further.
- I know what you're trying to do here.
You're looking to go IAC with this thing, I know that.
You think you can just come Waltzing on over here and show us old Colonials how it's done.
Well, you go ahead.
You put me on the stand.
Take your shot.
You come after me and I promise you you're gonna be the sorriest limey son of a bitch that ever drew breath.
Oh, right, right.
Any word yet on the guy who called 911? - No.
- Nothing? Right, Jackie.
I'd like you to phone back Jan and let me know what she says.
- Good afternoon, ma'am.
- Good afternoon.
I believe you're looking for anyone from the El Flamenco Bar and Grill as knew Willie Dupree? So you saw Dupree at the El Flamenco on the afternoon of the 20th? That's right, ma'am.
Why didn't you come forward at the time of his trial? I didn't know he was in trouble.
Are you sure it was him? Yes, sir.
Willie was a regular at the bar.
We had tamed often.
Are you sure it was the 20th? Yes, ma'am.
We had a bet on the game.
Dolphins and Bills.
A hundred bucks.
And Willie arrived just as the first quarter got under way.
I'd say you were in good order.
Any joy with Cook? Yes, I checked his story with a football almanac.
And the Dolphins met the Bills on the 20th.
He's also come through with a clean sheet from Radley County PD.
Oh, good.
Give me your money! Do it, man.
I'll kill you.
I swear I'll kill you.
You too.
Give me your money unless you want me to hurt him.
No See you and raise you.
8 hi 1'.
If you don't give that back to my friend, I'm afraid I'm gonna have to shoot you.
Don't shoot.
80, drop your gun, give my friend back his wallet and get lost.
There's a good chap.
"There's a good chap?" Since when have you carried a gun in your handbag? Since I got held up in my car.
Would you have used it? Well, that would have been tricky.
It's not loaded.
(She gasps) Julie? What's the matter? Oh, my God.
James.
My waters have broken.
Get me to the hospital now.
Now.
- Hi, I'm the father.
Where is she? - She's through there.
JULIA: Oh, my God (Sobs) She's lovely.
She's lovely I can't believe KAVANAGH: The doctor had a few words with me before Phi! arrived.
It's not brilliant.
She could Well.
the baby.
you know LIZZIE: Poor Julia.
How's he taking it? KAVANAGH: Bearing up.
He's a good man.
1 {lke him.
I suppose you'll be staying on? Well.
Julia's not gonna be in any state to handle the appeal.
No.
No, of course not.
Come out.
You don't want me under your feet.
I do.
I miss you.
You don't want to come? I-I can't.
I I just can't down tools.
Why not? I can't.
I just thought Are you all right? Yes.
I'm I'm resting.
I um I didn't sleep very well, that's all.
Best let you get your head down.
then.
It's good to hear your voice.
You.
too.
I'll ring you later.
- Bye.
- Bye They're lovely.
Oh, thank you.
Hey.
Hey- I'm sorry.
I'm so sorry.
I've tried to get hold of my mum and dad and I can't get hold of them.
And the baby, James, she's so tiny.
You've got to trust the doctors.
They know what they're doing.
She's gonna be fine.
Here.
- The case, what about the case? - Look, forget the case.
I'll take care of that.
I maybe a bit ring-rusty, but as a fully paid-up member of the Florida Bar, I'm still entitled to appear.
Oh, I'm sorry, James.
Just relax.
It's all going to be OK.
You slept? Not really, no.
Come on, let me get you a coffee.
Yeah.
Of all the damn days to be out of town, huh? You weren't to know.
Things you think about.
I've been reading a lot of books, you know.
Baby books.
Trying to prepare.
I thought I'd be more prepared.
Well, you can't prepare for something like this.
I just feel so goddamn useless.
You're doing all anyone can do.
Yeah, but it's not enough.
Are you a churchgoer? No.
No, me neither.
Your Honour.
We believe that there is an immediate case for resentencing on grounds of Ineffective Assistance of Counsel.
In so far as Mr Cantrell failed to bring to the jury's attention details of Mr Dupree's family background.
Court's familiar with the appeal brief, Mr Kavanagh.
Given that time is money, I'd appreciate it if you'd er cut to the chase.
We also have Brady material which undermines the greater portion of the state's case, and strong evidence of prosecution misconduct with regard to the sneakers.
Uh-huh.
OK .
Who's first to bat? I had hoped to call Deputy Attorney General Cantrell, but I am informed he will not be available until after lunch.
I'm sure Mr Cantrell's a very busy man.
Call Eugene Styles.
Mr Styles.
you said at trial that you saw William Dupree come out of the front of the house.
Yes, sir.
When you say the front of the house.
Do you mean the front door? Yes.
sir.
I would ask you to look at this photograph if you will.
That is the inside of the Andersons' front door.
OK.
If I was to tell you that when emergency services arrived, they found Leanne Anderson lying jammed up against the front door on the floor of the hallway, and that forensic evidence confirms she hadn't moved from where she fell when she was shot would you still maintain that Dupree came out of the front door? You see what I'm getting at? How did he open the front door? How did William Dupree get out of the front door if there was an injured child lying against it? I saw what I saw.
He come out of the front door.
A door against which an injured child was lying? No further questions.
Detective Valkenburgh.
what made you so sure that William Dupree was your man? Well, apart from his fingerprints being all over the crime scene, I guess it was just on account of he is a lowlife criminal, Your Honour.
That he was black didn't influence your opinion? I don't like criminals, Your Honour.
I don't care what their colour is.
You're currently being investigated by the Radley County PD Internal Affairs Department.
Is that right? That is correct, Your Honour.
What is the nature of the allegations against you? They're allegations of racism, Your Honour.
Who made those charges? My former partner, Detective Eddie Fuller.
Detective Fuller accompanied you when you went to arrest Mr Dupree? That is correct, Your Honour.
Did Detective Fuller assist you in the search outside Mr Dupree's apartment? If I remember right, Detective Fuller had himself a siesta in the back of the car until Dupree showed up.
When Mr Dupree returned home, did Detective Fuller search Mr Dupree's apartment? He did, Your Honour.
Did Detective Fuller find anything of importance when he searched the apartment? No, Your Honour.
You then searched the apartment while Detective Fuller remained with Mr Dupree? I did.
And you found what? A pair of blood-stained sneakers in Dupree's hall closet.
How was it that you found the sneakers when Detective Fuller had not? Well, seems to me there's two choices, Your Honour.
Either Eddie's just not a very good searcher.
Or else he put those sneakers in the closet for me to find.
Another possibility is that you found the sneakers amongst Mr Dupree's trash and put them in the closet yourself.
And Detective Fuller's so dumb.
He didn't notice me carrying a pair of sneakers around the place, yeah? That's right.
That's what I must have done.
Pretty smart of me to pick out a pair soaked in Dr Anderson's blood, though, wasn't it? You have heard of cross-contamination of evidence, Detective Valkenburgh? You sure I didn't take out my little old phial of Dr Anderson's blood, which I'd been carrying around should just an opportunity arise, - and sprinkle it on the sneakers? - All right, Officer.
I'm sorry, Your Honour.
But I mean Jesus.
None of you people went in the Andersons' house and saw them folks and them kids.
I went after the man that committed that crime and I went after him right.
Detective Fuller, had Detective Valkenburgh used racial epithets in your hearing? Er yes, sir.
With Frankie it was always "N" this and "N" that.
She doesn't like black people? No, sir.
How did she feel about William Dupree? She didn't like him.
She said she was gonna get that N-word real good.
Were you with Detective Valkenburgh when the sneakers were found? No, sir.
Had you searched that closet yourself? Yes, sir.
- Thoroughly? - Yes, sir.
But you didn't find any sneakers in there? No.
sir.
Yet they were in there when Detective Valkenburgh searched the closet? They were.
Are you married, Detective Fuller? Yes.
sir.
You live with your wife? - No, sir.
- No.
Where does she live, Detective Fuller? Does she live with Detective Valkenburgh? The officer against whom you made allegations of racism? Yes, sir.
When'd she move in with Detective Valkenburgh? About six months ago.
And when did you make these allegations? Couple of months back.
What is the nature of their relationship? Detective Fuller? Friends l guess.
It's more than that, Detective isn't it? How the hell do I know what the sick bitches get up to? Sick bitches? Now who's prejudiced, Detective Fuller? No further questions.
Mr Cook.
You told counsel that you knew it was the afternoon of the 20th you saw William Dupree at the El Flamenco - because you watched a Dolphins/Bills game.
- That's correct, sir.
Not the first time they met that season.
Though, was it? They'd played each other a few months earlier, hadn't they? Yeah, yeah, I guess so.
Mr Cook, would it be fair to say that you have an alcohol abuse problem? No, sir.
Drink hasn't passed my lips in two years, three months and eight days.
You are a recovering alcoholic? Yeah.
I guess you can call it that.
Did you have an alcohol abuse problem in the fall of 1993? Yeah.
yeah.
I I believe I did.
Do you remember being arrested for drunken behaviour by law enforcement officers of the Radley County PD on the evening of 12th September, 1993? No, sir.
Or that you were sentenced to ten days in the county jail subsequent to that arrest? Yeah.
I I did spend some time in jail around that time.
That's correct.
sir.
So, if you were in the county jail from the 14th to the 26th September, you couldn't have seen Dupree at the El Flamenco on the afternoon of the 20th could you? (Chuckles) Well, er maybe not that day, no, sir.
COOK: No Your Honour, I do not believe Mr Cook has come here today to wilfully mislead the court.
He has a long history of alcohol abuse.
And what is at fault here today is his memory.
I would commend him for the steps he is taking to regain control of his own life.
JUDGE: I agree that a charge of perjury would be inappropriate in the circumstances.
However, counsel should take note that it might be wise to test the reliability of a witness before wasting the court's valuable time.
You should have told me about Cook.
DUPREE: I didn't remember him.
If he remembers seeing me, well that's just fine.
How the hell am I supposed to know the damn nigger's a drunk? We ran a check on him - it came back clean.
You screwed up, man.
You didn't do your job! So why are you sitting there blaming me? Listen.
right now I'm the only friend you've got.
So what do you want me to do? Bow down and kiss your white ass? Thank ya, Jesus.
Thank ya Jesus.
You ain't here for me, man.
You here for you.
So don't go trying to tell me different.
You here for when you go back home, all your rich, white liberal friends can pat you on the back and say "That Kavanagh, he's so fine for trying to help those poor dumb niggers.
" You want to instruct fresh counsel, Mr Dupree, you just say the word.
Listen, man, I don't need you! They ain't gonna fry me.
No way, no how.
Just tell me, before we go back in, have you got anything else like Cook up your sleeve? The only thing I got up my sleeve, man is aces.
In God we trust, Mr Kavanagh.
(Sobs) In God we trust.
It's OK, Sonya, I've been here before.
I swear that the evidence I give shall be the truth, the whole truth and nothing but the truth.
Paul Cantrell, Deputy Attorney General, for the record.
Court thanks you for taking time out of your busy schedule to join us here today, Mr Cantrell.
Pleasure's all mine, Your Honour.
JUDGE: Proceed Mr Cantrell, you defended William Dupree at his original trial? I did.
Prior to Mr Dupree's case, how many murder trials had you appeared in? Mr Dupree's case was my first.
Did you feel you were well-equipped to handle such an important case? I defended him to the best of my ability.
In the matter of mitigation at sentence.
Do you feel you adequately represented his best interests? I do.
What mitigation did you offer on his behalf? None.
None.
Given that Mr Dupree had suffered an abusive and deprived childhood, you didn't feel it was appropriate for a psychiatrist to examine Mr Dupree to ascertain his mental health? Well, I saw no reason to go wasting the court's time with a whole heap of mind-bending psychobabble.
You pay a shrink enough money, he's gonna swear black's white.
But if you had presented evidence of the defendant's mental retardation to the jury, that could have affected his sentence.
It might.
So why didn't you do your job? You wanna know why I didn't offer mitigation? I didn't offer mitigation because William Dupree told me he shot the Andersons.
(Murmuring) If you're of a mind to take fresh instruction, counsel, you just say so.
(Gate buzzer) The US Supreme Court has turned us down.
How's that? Cantrell saying you confessed didn't help.
I I told you.
I never confessed.
Cantrell just threw that in to make hisself look good.
All I know is.
I walked into that court with a pretty good case and in less than three hours the prosecution demolished It.
So all we got left is the pardon, parole and the Governor, huh? We're waiting on a date from Pardons and Parole.
I'll get clemency.
How's Mrs Piper-Robinson's baby doing? Improving.
That's good.
I like kids.
I'm planning on having me a big family when I get out of this place.
KAVANAGH: You heard earlier from Dr Gartenbaum, who gave evidence as to William Dupree's mental retardation.
It was his professional opinion that William Dupree has the emotional maturity of a 13-year-old boy.
Before you begin your deliberation, I would ask you to try to imagine a 13-year-old boy sitting in the death house.
A boy deserted by his mother abused by his father.
A boy the system should have protected but singularly, shamefully failed.
The truth of the matter is that far from being railroaded, Mr Dupree's had every opportunity to present evidence of his innocence in the four years since his original trial.
He's had appeals at state and federal levels.
The court's never expressed any doubt that Dupree killed the Andersons or that he was fully cognizant of his actions at the time.
When murder has been committed, we do not end the tragedy by putting another human being to death.
We compound it, and help perpetuate an endless cycle of violence.
You have a chance today to break that cycle.
William Dupree has never asked a soul for anything.
Experience taught him it would not be given.
But he is asking you now for his life.
You know, the death penalty is a message sent to a certain number of our society who choose not to follow the rules.
It's only for one crime, the crime of capital murder.
It is for those who choose to violate the sacredness and sanctity of human life.
These were terrible.
brutal murders.
And the time has come for justice to be done.
KAVANAGH: They're still out.
An hour.
Well, the longer they're out, the better our chances.
Bye.
How can you do what you're doing in there? This is my granddaughter Leanne.
She's this way cos she was shot in the head by the man killed her momma, her daddy and her little brother.
The man you're working to free.
Mrs Johnson.
I am truly sorry for your loss, believe me.
Then how can you do what you're doing in there? You look at Leanne and tell me.
(Sighs) What if Dupree didn't do it? He's been tried.
Tried and found guilty.
So have many men new evidence has proved innocent.
I lost my baby girl.
My husband died of the shock of it.
Of a broken hear? My grandson Tyrone.
Leanne is all I've got left.
Who's gonna take care of her when I'm gone, huh? You tell me! CHAIR: It is the finding of this board that clemency be denied William Dupree.
Execution will be carried out as scheduled.
36 hours hence.
at Sam.
KAVANAGH: They've placed him on deathwatch.
He asked me to be his spiritual adviser.
- What did you say? - I agreed.
What else could I do? It's the only way I can get unrestricted access to him.
- Hi.
Anything? - Just Jackie.
Paperwork on the 911 came through.
Guy called Zandalee.
- Neighbour.
- Better late than never.
So what are you gonna do? Keep trying.
TAPE".
Mr Styles how did you know it was the Andersons' house? I didn't at the time.
It was only when I read about it in the paper that I realised that was the same house I'd seen him come out of.
- You couldn't be mistaken? - No.
sir.
I saw the number of the house as I went by.
- Number 19.
- All right.
You saw him come out of the Andersons'.
Did you see anything else? - I saw him run off down the road.
- Which direction? KAVANAGH: Were you living here when the Andersons were shot? (Flies buzzing) No, sir.
That would have been Aguilla.
Ramon Aguilla.
Columbian fella.
Lived here before us.
Would you have an address for him? (Chuckles) He's dead.
Got hisself shot.
By the DEA down along the Keys.
Running drugs.
I see.
I'm also trying to trace a Mr Zandalee, a neighbour of the Andersons.
Old Thad? Thad moved out couple of years back.
(Gulls cry) KAVANAGH: Excuse me.
I'm looking for a guy named Zandalee.
- He used to live in that shack over there.
- Thanks a lot.
Yeah I made the 911 call that day.
Did you see anyone come out of the house, Mr Zandalee? No, sir.
I took it he must've got in his car and gone while I was on the phone.
What makes you think he had a car? I saw it.
It was parked right across the street from Dr Anderson's house.
When I come back from the phone it weren't there no more.
- Did you get the licence plate? - No.
sir.
I did describe the car to the officers that came by but I never heard nothing more about it.
What was it like? Red Sportster.
Fresh out of the showroom.
Had one of them little sticker things in the back window.
What sort of a sticker? Radio station, like as not.
K-something.
Ended with a T, maybe.
Funny little letters.
Russian or something.
Well foreign anyhow.
Anything like that? Yeah.
I'd say that's about right.
I hadn't been House Father at Kappa Pi Gamma very long when it happened.
I remember Dupree, of course.
He was only with us a couple of months.
What was he like as a worker? Unreliable.
I don't think he was on time once.
How did he get on with the students? He had little to do with them.
Did he drive? No.
No, I don't believe he had a car.
Any of your students here at that time drive a red Sportster? - Mr Styles? - I have nothing to say to you.
How did you know the Andersons lived at number 19, Mr Styles? You shouldn't be here.
I'm asking you to leave now before I have to call Security.
How did you know the Andersons lived at number 19? I saw the number on the house when I went by.
Never mind he came out the front or back, or what the time was.
You weren't even there, were you? The number 9 had slipped.
The number read 16 not 19 that day.
You're out of your mind.
Who put you up to it, Mr Styles? You're getting yourself into something you don't wanna get into.
Do you want your family to see their daddy again? The best thing you can do is to go home.
Is that a threat? No, man.
I'm trying to look out for you.
Just leave things be.
OK? Now, go on, or I'll have to call Security on you.
(Gate buzzer) - Need you to sign in, sir.
What did Cantrell want? I saw his name in the register.
"P Cantrell visiting Dupree.
" What did he want? He came to say he was sorry things hadn't worked out.
Came to make sure you were going to go through with the deal.
What did they promise you if you kept your mouth shut? Last minute the phone would ring, Cotton would commute your sentence to life? You don't know shit.
I know why you weren't worried about gloves when you went to the Andersons'.
You thought you were committing a crime that would never be reported.
You went there to rip off a dealer you'd heard about who lived at number 16.
Ramon Aguilla? But you got the wrong house.
You and the man who drove the car.
Do you think they're going to let you live knowing what you know? Anything happens to me, man.
Cantrell goes public.
How do you think a fourth-rate idiot like Cantrell got a post in the Attorney General's office in the first place? Horse trading.
Think about it.
Cotton's got an election to win.
How would he go down with the voters if he granted you clemency how? But we had a deal.
They promised.
Well, it's your call.
But it's going to be a bit late to change your mind once they've strapped you in that chair.
You really think they're gonna go through with it? (Sighs) I don't wanna die, Mr Kavanagh.
Then tell me what happened.
He was meant to be keeping a lookout.
I mean we were both pretty stoned at the time.
If he'd have done his job and kept a lookout like he's supposed to.
It weren't my fault.
Go on.
I I just heard the door.
I thought it was Aguilla, the dealer, come home.
I heard his footsteps along the hall.
I-I just fired through the kitchen doorway.
I I didn't mean to hit him.
Just scare him off.
And the rest? Mrs Anderson? No, sir.
I didn't kill her or the kids.
He took the gun off of me and finished it.
ANSWERPHONE: Thank you for calling the Governor's office.
Our hours of business are Monday through Friday.
(Inmates call out) Hey! Willie! Hey.
Dupree.
you just hold it down there! - Don't let 'em grind you down.
Willie! - God bless you.
Willie! Keep your head high.
man.
(Buzzer) I know who killed the Andersons.
So do I, sir.
That's why we're here.
I know who drove the car and I have the evidence to prove it.
(Buzzer) What's this all about, Kavanagh? Your grandson drove Willie Dupree to Fairvale Avenue to rip off a drug dealer who lived at number 16.
Bullshit! I've tracked down a witness who saw your car parked across from the Andersons' house.
He did nothing but drive the son of a bitch there.
PRIEST: May goodness and mercy follow us in all the days of our life.
- I shall dwell in the house - That's not the way Dupree tells it.
And it's not the way he told it to Paul Cantrell, either.
KAVANAGH: Cantrell came to you.
Offered to help take care of Dupree in exchange for a post with the AG's office.
Chadway.
your friend who does a lot of good work for the patty.
put Styles up as a witness.
(Priest continues blessing) (Chains rattle) (Dupree whimpers) (Whimpers) (Blessing continues) et filii, et Spiritus Sancti.
Amen.
GUARD: Clear So how much do you want? If you don't stop this execution.
The signed affidavits I have from Zandalee and Dupree will be turned over to officers of Radley County first thing.
(Chuckles) Oh, let's just hang on to this a minute, huh? I'm sure we can come to some arrangement.
You don't have time to trade.
You ring through right now and grant clemency! (Cotton sighs) (Soundless) (Door opens) (Meaning and panting) (Buzzer) PHIL: You took it to the wire.
Jim.
No-one could've done more for him.
I didn't do it for him.
He was right.
Yeah, well, why you did it is immaterial.
You did it, that's the thing.
Don't beat yourself up.
- Look, the day we stop trying (Car horn) Oh, that's the cab.
- Well - Look.
thanks.
You know, with the baby and everything.
I'm gonna really miss having you around.
You ever get a hankering for a summer climate.
well, I could use a good lawyer.
Oh, no, no, no.
That's me done.
(Phone rings) Phil Robinson.
- Are you going to be all right? - I'll be fine once we get the baby home.
Well You too.
Where to.
sir? Home.
Plenty of sunshine through In a surprise statement a spokesperson for Governor Cotton announced that he would not be running fora second term in office.
Sources close to the Cotton camp have angrily denied that the Governor's withdrawal from the election is related in any way to the reinvestigation into the Anderson family murder for which William Dupree was recently executed at Hope Correctional Facility.
Hello? Hello.
(Kavanagh sighs) Jim.
Mm? When are you thinking of laying up the boat? Oh, next couple of weeks, I should think.
Let's go down this weekend.
Yeah.
Yeah, all right.
Mm.
Ta.
- It was a good idea.
- Hm, I'm full of them.
I know.
That's why I married you.
Look.
Jim, there's something I have to tell you.
- It's not good news, I'm afraid.
- What is it? While you were away, I was sick.
I um I went to see the doctor and he referred me to a specialist and Oh, damn it.
There's no easy way to put this.
Lizzie? Just tell me.
Whatever it is, we'll deal with it.
I've got pancreatic cancer.
It's inoperable.
No.
- No, that's, that's - The hospital says six months, nine at the most.
- We'll get a second opinion.
- Jim.
- We'll see Bruce.
- I've seen him.
I've done the rounds.
That's it.
While I was away? Well.
why didn't you tell me? Well, not the sort of thing you talk about on the phone.
You didn't have to.
You could have said something was wrong - And fell me when - Well l didn't.
I know you bloody didn't! I'd have come back.
(Sighs) Look.
Jim I I don't want to argue.
This is not something you can plea.
I I'm I'm just trying to be practical.
We've got to sort out some sort of ground rules.
They tell me they can control the pain quite well, well, until quite late at least.
Oh, don't say it.
No.
No.
I can't bear it.
Look, damn you! This is happening to me.
This is my thing.
Do you understand? My thing.
I'm dying, Jim.
I'm dying and I'm bloody terrified but if I can stand it I'm sorry.
We just have to be strong for each other.
I know.
it's just It's the shock, I'm sorry.
No.
That's the first rule.
No more sorrys, no more regrets.
We've wasted so much time missing each other.
I want to make the most of what's left.
There's so much we haven't done.
So much I want us to do.
I don't know what to do.
All you have to do is love me.
Always.

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