Burden of Truth (2018) s02e05 Episode Script

Cold, Tired and Hungry

That's him, that's my father.
They found skin underneath his fingernails.
They're running the DNA.
We have an eyewitness account of an Indigenous woman fleeing the scene.
That plus broken glass at the motel.
He told me to go home, and I followed him into the room.
We started fighting, and that's how I got these.
- But then you left? - Yes.
I'm ready to go to the station and tell them what happened.
- Luna Spence? - We were just - going to come down to the station.
- You're under arrest for the murder of David Hanley.
They think I killed him, but I didn't.
I swear.
I swear I didn't do it.
I don't know how, but he's gonna pay for what he did.
He's gonna get what's coming to him.
Message deleted.
Step to your right.
Turn your head.
Face the camera.
Show me your arms.
She's still being processed.
- You should sit down.
- No.
We need to get in there.
They'll let us know when we can talk to her.
Luna is alone.
She's vulnerable.
Mercer's gonna try to exploit that to get a confession.
He can't talk to her without us.
Look, things aren't gonna get worse if you take a seat.
Don't.
Don't make this about me.
- How is this not about you? - Luna's the one in there.
Joanna, he was your father.
- I know you had your differences - Not now.
Some fresh-brewed police-station coffee.
Here.
Oh.
Might as well get comfy.
Oh! Yeah, we'll get you something for that.
I'm not the bad guy.
I want the same thing as you.
Find out what happened.
Walk me through it.
You help me, and I will help you.
I didn't kill him.
But you were there, right? You argued, things got heated, and that's when he scratched you? Yeah.
Alright.
No, thank you.
Thanks, thanks for the information.
Luna's show cause hearing got moved up.
Scheduled for this afternoon.
- If she doesn't make bail - She will.
If she doesn't, where are they gonna send her? Brockstone probably.
Brockstone is still in operation? That place is brutal, she can't go there.
We have to get her out on bail.
You went there to confront him; what did he say to you? I bet he said some horrible things.
How did that make you feel? How do you think? Look, I get it.
I do.
Sometimes, you just gotta speak up, push back.
He always had to win, and now he's finally lost.
Did he have anything with him? - How do you mean? - I don't know.
Groceries? Bottle of booze? I can't remember.
- Luna, stop talking! Now! - What is she doing in here?! - Sorry.
She barged through.
- I'm here to speak to my client.
- Not finished my interrogation! - It is her Charter right to speak to me before your interrogation.
It's OK, Officer, let her in.
We'll finish our conversation after you talk to your lawyer.
No rush, you're not going anywhere.
I need to know exactly what you said.
I can't remember.
It's like everything's a blur, like I have been here for days.
OK, from here on out, you say nothing.
They need to know my side of the story.
Shouldn't they know the truth? No.
Not yet.
I know it's hard to wrap your head around, but the more you say right now, the worse it's gonna be later on.
The next time we'll see each other will be at your bail hearing.
We think that they're gonna charge you with manslaughter.
- Manslaughter? - It's the only thing they can prove.
You're a good student, you have no criminal record.
This charge is an anomaly, so we're gonna get you out on bail.
Whatever the cost, you're coming home with me.
I'm sorry.
She barged right past the desk.
- I tried to stop her, but she - It's not your fault.
- I appreciate the effort.
- I'm just trying to do my job.
Look, you're obviously in a compromising position on this file.
It's nothing I can't handle.
You're one of my best guys, Owen.
This past year, you've really stepped up your commitment.
Hmm.
Thank you.
But I need to remove you from this case.
Sir, with all due respect, but my closeness to this case won't affect my judgement.
Yeah, yeah.
I just don't want to put you in a compromising position.
- I'm not worried about that.
- I am.
It's for your own good, Owen.
Whatever you think is best.
I wrote everything down that night.
It's all here.
David Hanley was alive after the argument I heard.
And what do you want to do with it? Well, I want to take it to the police.
I mean, they need to hear the full story.
This is evidence.
Let me see.
Oh.
I suppose a lot of that is about me.
I started journaling during my cancer treatments.
The doctor said it would help me with my darkest fears.
I was mad at you.
Most of what I wrote were things I wanted to say to you.
Well, I guess I can't blame you for that.
I never thought journaling would help someone get out of jail.
You don't want to get mixed up in this, Taylor.
Dad, she's my friend.
I believe her.
I have to do the right thing.
I know she didn't kill David Hanley.
I still can't believe he's dead.
Did you know that he was there the day you were born? He was helping us with the refinancing of the mill.
And he looked at you, and he said, "Things may be scary, "and things are gonna change, but you have to be brave from here on out, for her.
" I thought I was.
I thought I knew how to be a good dad.
But all I know now is not to get in your way.
Then don't.
All rise.
Please be seated.
All right.
We have before the court a show cause hearing for Luna Spence.
Is the Crown ready to present their summary? We are, Your Honour.
Thank you.
Um, on the night of June 5th, some time after 8 p.
m.
, witnesses overheard an argument between the victim and the accused, Luna Rose Spence.
As the argument escalated, the victim defended himself scratching the accused.
This is corroborated by DNA evidence, retrieved from the victim's fingernails that matches scratches on the accused's arm.
The accused refused to leave.
She grabbed an unopened glass bottle of liquor, striking the back of the victim's head, fracturing the occipital bone and rupturing the posterior meningeal artery.
This was a violent crime of passion.
The accused may not have gone there to kill, but she wanted him to die.
Therefore, the Crown seeks a charge of second-degree murder, and the right to detain Luna Spence without bail.
Thank you.
Your Honour, my client has no previous criminal record.
She has cooperated with this investigation, but she denies the facts as presented here.
She is an exemplary student, a community volunteer and a cherished daughter, sister and friend.
Denying her bail is a severe punitive measure.
We request that the court return her to her family and to her community while she fights these charges.
Your Honour, when the accused was apprehended, she and her mother were in a state of departure.
And her girlfriend, Molly Ross, was the recipient of a substantial financial settlement giving her the means and motive to escape jurisdiction.
She should be considered a flight risk.
Given the chronology and the opinion presented by the Crown, bail is denied.
The accused will be remanded to the Brockstone Detention Centre to await trial.
It's overwhelming, but they're throwing everything against the wall.
They made my little girl sound like some psycho killer! At a show cause hearing, they can say anything, spin the facts however they want.
What happens next? We get to work proving her innocence.
I'm not a lawyer, but you representing her seems like a conflict of interest to me.
I'm within my legal right to represent Luna.
You should go home, get some rest.
Yeah, good luck with that.
There's nothing more to do right now.
Just legal stuff.
We'll call you the second that changes.
OK.
Are you sure you're up for this? The Manitoba Bar Association might lay a heavy fine on me, but by then, Luna will be free.
That's not what I meant.
I'm talking about a criminal lawyer, one with real trial experience.
I'm trained and highly qualified - in all areas of the law.
- I don't doubt that There is nothing that I won't sacrifice to free my sister.
I'm just wondering if there's not a more suitable candidate.
There's not! Name one lawyer who will outwork me on this case.
Right.
Every second Luna spends in custody is too long.
Find me in my office.
We need to get all the evidence and find a way to bring her home.
Meet me back at your office.
- Mr.
Bennett.
- Ms.
Chang.
I was hoping to acquire copies of the Crown's evidence.
- Now? - As soon as possible.
We literally just walked out of the show cause.
And disclosure is triggered upon the request of the defense.
Luna is innocent.
She doesn't deserve to be in a detention centre.
All due respect, don't you think you should slow down just a bit? Getting that advice all day.
I bet.
We're still processing everything, I don't even have copies of anything yet.
Please, she's my sister.
Oh.
I'm sorry.
Um OK, this is my copy of the Crown brief, and my office will reach out to you with the rest of it in a week or so.
If you'll excuse me - Hi.
I'm Luna.
- Don't touch any of my stuff.
That's quite the read.
It proves that Luna's innocent.
I saw him alive, and I record everything accurately.
I survive because of my precision.
Mm-hmm.
So you're saying everything in here is accurate? Mhm.
You've arrested the wrong person.
David Hanley was alive after the argument.
Why did you come to Millwood out of the blue? To see my father.
He sent me a letter.
Oh right, yeah, that's that's in here.
And you stayed at the motel and not with him.
Yeah.
I was mad at him, I still am, but it's better.
Aw Patch things up? Um, after seeing the body, everything else just seems so not important.
And you somehow ended up in the room right next to Luna's father.
- Excuse me? - On your drive to Millwood, what did you and Luna talk about? Lots of things.
I don't remember off the top of my head.
But you wrote it down, accurately? - Yeah.
- Mm-hmm.
"She wanted to put 'Scum of the Earth' "on her dad's gravestone.
With what he did, I'd be happy to help her bury the body.
" You both drove to Millwood to confront your fathers; whose idea was it to kill David Hanley? Her DNA was under his fingernails, but that doesn't necessarily put her in the motel room.
She told the police she was in the room.
We try to get that thrown out.
We argue Maitland.
She didn't have time and access to counsel.
Except in the Maitland case, the delay was 48 hours.
That's worth a shot.
What was she doing there? She told me that she went to see Taylor and ran into my father.
She didn't expect to see him.
That leads to an argument.
He grabs her arm to force her out of the room, scratches her.
And she defends herself with the first thing she finds.
We argue self-defence.
She swears that he was still alive when she left the room.
We can't argue self-defence if she denies being there when it happened.
She swears that she did not kill him.
We need a single exonerating theory.
If they can put her in the motel room, we can't say that they argued and then someone else came in and killed them.
We need to give them another suspect, find a story that fits all the facts, control the narrative.
Right now, we don't control anything.
- Doodlebug.
- Daddy.
I got you.
I don't understand what's going on.
Why can't I come home? Officer Mercer called me, and he explained everything to me.
I didn't do anything wrong.
Sit down, Taylor.
You and Luna driving back together, they're calling that conspiracy to commit murder.
"Conspiracy"? We were joking.
I believe you, but the police, um They're entering your journal into evidence, honey.
What's gonna happen to me? If you drove her to Millwood and you had some plan, they will charge you.
They can charge you with murder.
And now our lawyer's talking to them right now.
- Billy Crawford is my lawyer.
- No, he is not.
He's Luna's lawyer.
It's a conflict of interest, Taylor.
No, Dad.
I wanna talk to him.
You can't.
You need to listen to me right now.
You could go to jail.
And now, they are willing to stay the charges - that's a good thing - all you have to do is testify against her.
I can't do that.
He was alive after she left.
Luna's innocent.
It's Crawford's job to prove that.
We need to think about you now.
Hey, Owen, tell me you got good news.
A witness has come forward.
There's evidence Luna came to Millwood to kill David Hanley.
No, I don't believe that.
She didn't plan this.
It's Taylor Matheson.
Mercer's saying they might have done it together.
- Taylor and Luna? - I don't know all the specifics, but they're gonna upgrade the charge.
- She gives 'em premeditation.
- First degree murder.
Mercer's been grilling Taylor all night.
Got her to amend her statement.
What exactly did Taylor say? I don't know, but nothing good.
- Can we speak to Taylor? - I'm sorry, Joanna.
I wish there was more I could do.
If she gets convicted, that's 25 years.
We have to make sure that she doesn't.
We need to be realistic.
The Crown's case is strong, and our responsibility - is to explore all options.
- A plea deal? Maybe.
She'd have a record.
- She's looking at 25 years.
- She's innocent, Billy.
What if she's not? Joanna? Will you be quiet? I couldn't sleep my first night either.
I imagined the stars on the ceiling, just like back home.
Does it work? Not really.
You know, this is why I bought the place.
As a way of washing away all the stress.
My dad used to take me swimming around here.
You remember? There was a rope swing.
Yeah, it was down at the bend by the old Irving place.
He was always pointing out potential liability issues.
Lawyers are the worst.
You know, at least, he brought you out here.
In his own way, he was trying.
My dad, you couldn't get him off his stool at The Boot.
I like to think that we'll be different with our kids.
I think it's a generation that will be better.
Won't we just screw them up in a different way? Probably.
If Luna takes a deal, the cops will stop looking for the real killer.
Joanna, they never looked to begin with.
Are we really capable of doing this? You've done criminal cases before.
Yeah.
Bar fights, B & E, nothing like this.
I got an A+ in Criminal Law.
It's first degree murder.
The victim's your father.
And what about the voice-mail message? That's evidence.
We destroyed it, we are both compromised.
If we hand this case off to another lawyer, we'll have to be witnesses against Luna.
I won't do that.
We could lose our licenses.
My sister is facing life in prison my license isn't important.
I'm so glad that you decided to reach out and discuss a potential plea deal, Billy.
It's like you read my mind.
I'm just here to see what you'd be willing to offer.
- No promises.
- Of course.
You know I like to avoid trials.
Yeah, they're expensive and they're really messy.
Kind of like my first marriage.
Murder 2, she serves 10.
Those scratches were defence wounds.
- You could argue self-defence.
- Man 1.
18 months in a minimum-security facility.
18 months? You're upgrading the charge to first degree.
We got a witness that can give us prior utterances.
- Taylor Matheson.
- So that gives us premeditation, and remember, we got that DNA evidence.
- And she's willing to testify? - She doesn't want to go to jail.
You threatened her with charges.
She has a brain injury that affects her memory.
She won't survive cross.
Man 1, 4 years, minimum security.
OK.
Take that to your client.
You know, if she considers it, maybe I'll consider it too.
Hey, Billy, I need an answer in 24 hours.
How are you holding up? We're doing everything that we can to get you out of here.
- Thank you.
- You're innocent, so we just have to prove it.
You don't sound convinced.
Taylor Matheson, she's saying you Taylor told them that you were planning it, that it's why you drove to Millwood.
She's lying.
- Why would she say that? - Luna - I didn't kill him.
- I know.
Taylor Matheson is no longer in custody, but Duffield asked me to help him with her charging papers.
He shouldn't have done that.
Forgot to tell him you were off the case.
- Why are we charging her? - We're not.
Yet.
We're just crossing our T's in case she doesn't cooperate.
Either way, it's not your problem.
Maybe it is.
Well, I'm just not sure it's right threatening an innocent girl with jail.
How do you know she's innocent? They drove here together.
Thelma and Louise.
It's not your problem.
You're ready to take these juggernauts down? I don't know.
Sports are kind of more Molly's thing.
Who's Molly? Uh, my girlfriend.
Cool.
Here's hoping she hangs in there for you.
- What? - Nothing.
Just tough on a relationship, this.
Come on.
OK, game on! Hey, hey! Argh! - What the hell?! - Yah! You OK? Offensive foul! Our ball.
No way.
The little bitch got in my way.
Hey! Fight! Fight! Fight! Fight! Fight! Fight! Fight! Fight! Fight! Fight! Fight! Stupid bitch! My dad's assistant sent over his last banking transactions.
- Same ones they sent the police.
- What am I looking at? 3 p.
m.
He made five consecutive withdrawals - of $1000 each time.
- Is that unusual? My dad loves cash, but that much? Maybe he was paying someone off.
9:45 p.
m.
: purchase at the Liquor Mart made with his corporate card.
One bottle of McGachie scotch.
The murder weapon.
So, David was alive at 9:45 p.
m.
No one saw his car leave the motel.
and it's at least a 10-minute walk from the Liquor Mart.
That's right on the bubble of when they say Luna killed him.
Still, doesn't prove she didn't do it.
I spoke with the Crown.
About a plea? Four years.
Gerrilynn's discussing it with her now.
- I should be with them.
- She needs her mother.
- Owen.
- Hey.
I'd do anything for Luna.
I'll leave you to it.
I don't think you should look at these.
Luna's freedom is the only thing that matters now.
You OK? You need to stop asking me that.
What happened to you? It's nothing.
It's not nothing, sweet pea.
I can't lose you in here.
I lost you once already, and I'm not doing it again.
When did you lose me, Mom? You were 4, and we got separated at the Giant Tiger.
- You don't remember? - Yeah, I remember the story.
I found you at the cashier, and you had filled a cart full of things we couldn't afford.
- You're always my little dreamer.
- Yeah.
Not anymore.
I don't belong here.
Everybody looks at me like I'm guilty.
Oh, that's how they see us.
If they even see us at all.
I can't imagine what you're going through, baby, but I see you.
I know you're innocent, but, uh there's a deal.
It's an offer.
Four years.
I plead guilty? The deck is stacked against you, against people like us.
You'd start counting down the four years tomorrow.
You could finish your degree.
You want me to say I did it? I just want you home.
I never thanked you for earlier.
I didn't do it for you.
How do you survive in here? I'm still waiting for my trial.
How long have you been waiting? Almost three years.
My case has had delay after delay.
Have you never considered a plea bargain? Turned it down on my lawyer's advice.
He was legal aid.
During the preliminary hearing, he was playing solitaire on his phone.
You get what you pay for.
My sister's my lawyer.
Maybe you have a chance.
I know she'd never give up on me.
That sounds like hope.
I miss that feeling.
We ended up replacing everything.
I'm not sure what you're hoping to find.
Thanks.
I just pushed my way in He wanted me to leave, but I wouldn't.
He told me he gave my mom money.
I told him I hated him, but he just stared back at me, disgusted that I even existed.
The fight took place at the foot of the bed.
Dad David Hanley stood at the door attempting to contact the police.
The accused pushed past the victim heading out the western egress.
into the parking lot.
I bet you needed a drink after that.
We don't get a lot of time, Molly.
I don't know what to say.
It's me.
Just talk to me.
Molly, there's a deal.
- If I plead guilty - But you didn't do it.
- Doesn't matter.
- Yes, it does.
You can't say you did it when you didn't.
If they find me guilty, I'd get 25 years.
I could be out in 4.
4? That's 4 too many, Luna.
You're right.
You're right.
Whether it's 25 years or 4, we're not gonna survive this.
What? We're not gonna make it through this, Molly.
Are you breaking up with me? Your life got suspended once already.
I can't do that to you again.
- Luna! You are! - In a few years from now, when we're still sitting in the same disgusting room, - you're gonna resent me.
- Never.
And I wouldn't blame you, Molly.
I think you should go.
No.
I can't do that.
Baby, baby, it's me.
- Luna - Don't.
Just go.
- No.
- GET OUT! - Guard? - Baby No.
Baby, don't.
Hi.
I was wondering if I could look at your security camera footage from Tuesday? Uh no.
- I am a lawyer - We erase it every 24 hours.
Anything else I can help you with? Yeah.
Can I buy a bottle of McGachie, 16 years? The door on the parking lot side was locked, so either he knew the killer, let him in and then locks the door or the killer was already inside the room.
You were waiting for him to leave.
- Can I get you anything? - Were you working on Tuesday? The night that all the cop cars showed up? Yeah, yeah.
The murder.
- Did you notice anyone unusual? - Tuesday's usually pretty slow.
There was a weird girl though.
Sitting right around here actually.
Her leg was going like a sewing machine.
I thought she was gonna sneak a drink, so I ID'd her.
- And that was unusual? - No, but the ID stood out.
It looked fake.
From California.
Was that the woman that you saw? No.
That's the girl the cops showed me.
Definitely wasn't her.
Are you gonna take the plea? You don't think I should? It's your decision, Luna.
There was another woman.
She might have been waiting for him.
It's just a theory.
I know I didn't do it, which means someone out there did.
- If anyone can figure it out - I will search day and night if that's what you want, but I can't guarantee that I will find anything.
I don't know what to do.
OK.
On paper, this plea is pretty simple math: 4 years is objectively fewer than 25, if you're convicted.
OK.
What are my chances at trial? No, I won't wager on your life, Luna.
It's a strong case.
But if you take the plea, you will always have a record.
That doesn't go away.
And it will change you.
I'm scared.
I want you to know that whatever way you go with this, I am here for you.
- OK? - OK.
I will be in that courtroom today right by your side.
All rise.
Please be seated.
I understand a plea agreement has been reached between the accused and the Crown.
It has, Your Honour.
We are recommending a charge of manslaughter with a custodial sentence of four years to be served in a minimum-security facility.
If there's anything you'd like to say before the Crown considers the plea agreement I didn't do it.
Excuse me? I didn't kill David Hanley.
To clarify for the court, are you rejecting the arranged deal and entering a plea of not guilty? I am not guilty.