Criminal Justice (2008) s02e03 Episode Script

Season 2, Episode 3

Juliet Miller, I'm charging you with the attempted murder of your husband.
This is not some spontaneous domestic, it's a proper, planned shot at murder.
Tell me Juliet Miller isn't an abused woman.
What does Jack say he did to you? He raped me.
No bruising, no tearing, no abrasions.
- Oh, so no rape? - But there is a baby.
Bingo.
We're in trouble.
We really, badly want to help you, but we can't do it unless you start talking to us.
On a scale of one to ten, where would you put the pain you feel about what's happened? Joe said something in hospital before he lost consciousness.
Your name.
Why that? There is something, isn't there? Oi, grass.
It's your husband.
I'm afraid he's dead.
Anna.
It's a murder now.
Is Jack coming? This isn't about the criminal proceedings.
I'm here at the request of the Local Authority.
- Why? - To make an assessment.
Is this about the baby? Can you? Do you mind if you don't do that? What's that? Those I don't mind a conversation, but silence is You should drink your tea.
What are you worried about? The woman who brought the tea? Do you think she wants to hurt you? She's poisoned it? Is that what you think? Tell me about Ella.
I love her.
She's my daughter.
How do you think she feels about what's happened? She doesn't want to see me.
She's angry with me.
I think that will change.
Come on.
Let's go for lunch.
Hello.
Where is everyone? The Governor's packet of Maltesers melted.
I don't understand.
It's 35 degrees in here and only 33 outside.
He decided it would be best for the whole prison to have a picnic.
They'll be back in ten minutes.
Leave me alone.
I've seen you looking at me.
Help.
Oh, Go Help me! You're fully dilated.
She's ready to have this baby.
We're going to take a statement from you now, which is basically me asking you questions and you answering them.
Then that gets written up to make it read like you're actually saying it without me here at all.
Then later your evidence will be filmed and that's what the jury will see.
Then at the trial, you'll be cross examined - By Mum.
- By a barrister.
Mum's barrister.
You won't be in the witness box.
You'll be in a special room.
The jury will be able to see you Does it have to be like that? - What do you mean? - She means can she do it all live in the witness box? - You're 13 years old.
- He's my dad.
You'll be shown round the court before the trial begins and we could probably arrange for you to meet the judge which would help.
Wouldn't it, Flo? You're so good at this.
- Hello.
- What do you want? - Why are you here? - To see you and the baby.
Is that all? I would have been here for the birth if you'd given us some notice.
Ella came out quickly too.
She was born at home.
Joe Joe was there.
Will you ask Ella to come and see her baby sister? I'll ask her.
Thank you.
We're finding you a place on a mother and baby unit.
You have to go in front of a board to decide if you're suitable.
What would not be suitable? History of drug use, disruptive behaviour You'll be fine.
All right! I'm going to take you through step by step everything that happened.
But you don't have to do it like that, if you don't want.
We can start wherever you like.
Like where? You could tell us about your dad.
What kind of a father he was.
How much you miss him.
They won't let her do it.
- No, I think they will.
- It's not up to us.
Or her.
I think a psych will say that she's Gillick-competent.
What? It's the name they give when they decide whether a child can go live in the box.
What are you? A lawyer all of a sudden? I looked it up.
I know what you're doing.
You're grooming her.
Don't use that word.
Helping her to stay angry so that she puts on a good show for the jury.
- Grooming.
- You think she's actually like that? All very calm and together having really quite recently watched her mother murder her father with a kitchen knife? Would that be the real Ella Miller, in there, would it, Flo? Hello.
OK, thanks.
- No places.
- What about Styal? - Full.
- She's three hours old.
It's not a good idea, in our job, to get in too close.
That used to be the whole point.
It's in the best interests of babies to be with their mothers.
You're shouting too much, Norma.
We're in the same building, you and me.
Why don't you take a little time to reflect on your performance? - What did you say to me? - You heard.
Fresh feet clear brain.
You've kept all this And his name on the board outside.
The thing about him being dead is that a tiny part of me thinks it isn't true.
Tell me about his lists.
Race times, broken down into 5K splits for every race he ran.
Joe Miller the obsessive.
That'd be a line to take if I were defence counsel.
We're all trainspotters, ain't we? We love facts and league tables.
Did you see much of him in court? He could really do people over.
I don't think anyone he cross examined was ever the same again.
Even top class villains.
You don't mind telling me things which might work against Joe? It all gets one dimensional when it goes to trial.
You and me, we can have a proper conversation about him.
I miss him too much not to talk about him properly.
How would you describe your relationship? I loved him.
- What does that mean? - I had faith in him.
What about Joe at home? My honest opinion? He was a saint.
You know what worries me? What she'll pull at the trial.
Juliet the victim.
And how much do we love a victim? I'm scared she'll get off, Mr Faber.
Were you at the Miller house a lot? No.
She didn't like people there.
- Who told you that? - He did.
How do you know he was a saint if you were never there? I know everything about everyone, or I am nothing.
How is she? Better.
She's quieter.
You should be careful with that.
What do you mean? Ella's anaesthetising herself.
Underneath she's screaming.
Isn't that a bit oversimplified? It's very common for foster families to encourage quietness because it makes life easier for them.
They often don't know they're doing it.
What are we supposed to do? Shake her up? - Force her to be unhappy? - Keep talking.
Is this why I'm here? Juliet's had her baby.
Great.
Good.
Is she all right? A girl.
In case you were wondering.
It doesn't sound like Ella.
It's a witness statement.
They make everyone sound like police officers.
Has Ella ever "proceeded down the stairs" in her life? Never.
It must have been so hard for her having a depressed mum.
Or to put it another way it was hard for her having a father who made her mother feel depressed isolated small.
Is that unfair? Joe's dead.
He's not in charge any more.
You are.
And you've got responsibilities.
Because Joe is dead, our options are different.
If you were to tell me that I'm right the way he behaved made you feel isolated, depressed then the jury would have to consider whether you'd been provoked into doing what you did.
I'm just here to tell you about the law.
That's my job.
Whether or not we use provocation as a defence is completely down to you and what you tell me.
I can't control that.
She's beautiful.
I've got something to tell you.
You've got a little sister.
We can go and see her.
Would you like that? I can't be like your dad.
But you can talk to me if you want to.
- Why's he doing this? - Sir? All from his mobile phone.
Why would he do that? - Have you interviewed Juliet's friends? - She hasn't got any.
Doesn't that bother you? When we charged her she asked to clean her teeth.
Women like that have friends? What did Ella say about her mum not having friends? We didn't ask her.
Who was doing the questions? Man to man, outside of the job.
Don't do that in front of my wife.
- What's that? - Criticise me, Sir.
If you are so convinced that Juliet Miller is a cold blooded murderer, - why are you against me looking at Joe? - I don't understand.
- Are you scared I find something? - Scared? What are you talking about? I can't think how else to explain your strength of feeling.
Don't you want to know why she did it? Caring about why people do what they do to each other will make you mad.
We're only policemen, Boss.
Is that what you really think? I'm your fool, remember.
Fools tell the truth.
Every bed in every mother and baby unit in the country is full.
- We haven't told her.
- What does this all actually mean? Baby will go into temporary care.
As a rule, we like to try and place siblings together.
They're asleep.
I don't want to disturb them.
I'll come back in the morning.
It's half past nine.
- What are you doing? - I'm front-loading.
Front-loading? My report for the board on Juliet Miller.
If a place comes up in a mother and baby unit, I want to be ready.
I've never heard you use a term like front-loading before.
I reflected on my performance and I'm aiming at a more moderated approach to my goal achieving.
Drug mule.
Half a million pounds' worth of heroin through Heathrow.
Why the hell should she get a place ahead of you? The Millers' car.
Taken 50 yards from Dominic Rose's house.
- By who? - The parking warden - who was about to slap a ticket on it.
- When? Day of the stabbing.
Joe was in court when this was taken.
The woman who never went out, went out.
What was she doing there? - I'll see you later, Boss.
- Wait.
Yep, the Joe Miller mobile photographs.
Do we have the time they were taken? Good.
Get me March 9, the day of the stabbing.
I'm coming with you.
What are you doing? You're not going in with her? Don't be ridiculous.
What's she going to do? - You'd be amazed.
- Amaze me.
We had one woman faking four hours of labour then making a run for it.
Juliet just pretended to give birth? The big tear in her perineum was part of a cunning escape plan? Listen.
We'll do our job.
Right.
You do yours.
Come on.
Do you know how difficult it is trying to pee with ten stitches in your vagina? My client actually needs to take a pooh.
Right now.
She does.
Hello.
Hello.
Well done.
Thank you.
- How long are you? - As soon as I'm ready, they'll send us to a mother and baby unit.
What? Oh, no, there's no way we're taking the baby.
It would be too much to ask of my family.
We used to have them over a lot.
And the girls have always been friends.
You said used to? - Before Juliet became depressed? - Actually it was Joe.
What do you mean? He was the kind of man who you could go to dinner with and come away thinking he was the most urbane, amusing man.
And the second time, the same.
But by the fifth time, you never wanted to see him again.
Charm wears thin.
Why didn't you carry on seeing Juliet? She was very finely tuned to everything concerning Joe.
She sensed it when I got tired of him.
She was a loyal wife.
When did you last speak to her? She stopped going out about a year ago.
I don't know.
The afternoon before it all happened, I was at home and the phone rang Twice, I think.
But the caller hung up.
I think it was Juliet.
Was Dominic at home? He came home, yes.
Did you go out? I went swimming.
I have to take the baby.
How long for? I can't say.
How long could it be? We don't know.
Can I fight this? There are no places.
There's nothing to fight.
Now? There's no choice.
Right now? That policeman wants to talk to you.
What did he want? I don't know, really.
I told him about the calls.
What calls? This daysomeone kept phoning and then hanging up.
I think it was Juliet.
Are you going to ring him? I'll pop down to the police station.
I don't want the girls to Trigger moments we call them.
Would you tell me about it? Can you manage that? Where were you when the memory was triggered? Just on the street.
Did anyone speak to you? Did you overhear anything? Any other noises? Smells? There was a smell? Meat.
A butcher? Blood.
Can you look at me? Don't look away.
You can do it.
He's lying on the bed and he's bleeding and I try to stop it, but it just soaks through and I can't stop Daddy bleeding.
What's the feeling that goes with it? My stomach drops.
My heart feels fast.
Give me a picture of happy Dad.
It doesn't matter what.
We used to go body boarding in Saint Ives.
Once Just one big wave came right up to the beach.
How did it feel? I didn't know he'd caught it until we were both just there.
Together.
It made me feel happy.
And safe.
We're going to get those feelings back for you.
Thanks.
There's a place - but the board can't sit now.
- Why can't they do it today? Outside my influence.
It's a prison thing.
Pick up the phone, make all the multi-agency stuff work and get a board convened now! You probably know the prison governor.
You do know him.
Don't bully me.
- Three o'clock.
- Thank you.
Don't be late.
There's a place.
I'm so sorry.
- But you need to do the Board.
- When? You said you might harm yourself.
- I don't think so.
- We've got a record of it.
I just said that.
You just said it? - I didn't mean it.
- What did you mean? I don't know.
- Was it a lie? - No.
Why did you say it? I was frightened.
- Are you lying to us? - No.
Anything you'd like to add? I don't think I could go on without my baby.
Sorry, we don't do blackmail.
It's how I feel.
She doesn't take drugs, not an alcoholic, had a baby before, she'd be a good influence.
What more do you want? So, she came to see you on the Monday afternoon.
About 2.
25.
She wanted to talk to me about the anti-depressants she was taking.
You haven't told us about this before.
It didn't seem all that relevant.
So why at your house and not at the surgery? She's a friend.
- Just an old-fashioned house call.
- If you like.
Except they're usually at the patient's house.
- Why your house? - I don't know.
No reason really.
You've spoken about this at home.
With your wife.
Lady Macbeth was sleeping with the Doctor.
Or at the least she was trying to.
Are you sure? Police And Thieves, Bank Robber, I Fought The Law.
They were really into the criminal justice system.
I don't want to have sex tonight.
It's a bit like doing the lottery with the same numbers each week.
The one night you don't do it - You're angry with me.
- No What's the matter? Dunno.
Five more minutes, Floflo.
Come in.
Your godfather's here.
Is it all right if I sit in on this one? This is a one to one.
My dad was a Kindertransport boy.
I've never told anyone this.
You know what that means? 10,000 Jewish children were allowed to leave Nazi Germany and Austria in 1939 to come to Britain.
But if they wanted to come they had to leave without their parents.
My father's mum and dad decided he was old enough to choose.
To leave them or not.
It was a terrible thing to ask a boy to do, but it was the making of him.
And they knew that.
From that day, they gave him his adult life.
Now you you carry on being brave, Ella.
Now, when this trial starts you go into that courtroom, look everyone in the eye and you let that jury know that you are your father's daughter.
Look at me.
I have so much respect for you.
We have to ask is a baby safe with this woman, when we don't know what makes her violent? So what's the answer? Either this was unprovoked or it was provoked.
If unprovoked, then she isn't safe.
But our picture of Juliet is evolving.
It's a question of careful monitoring to see how she responds to her circumstances.
Why are we holding off here? What's there to evolve? There's a chance of manslaughter? But what does that do? Still leaves us with killer mum.
My question is can we say the A-word here? Are we aiming for adoption? Or are we all too shy to say it? One step at a time.
Let's see how she responds to being in the family court tomorrow.
So we fuck her up and then we decide how much more to fuck her up based on how she reacts? I don't think that sort of language is very useful.
- Why are you so pro-Mum? - I'm not.
I'm pro baby.
We were gonna go out.
Did you want to come? I'm fine.
Are you OK? My Dad says your Mum's great.
Whatever anyone says about her.
He told you to say that? Was the knife right in? Up to the handle? Did you see her do it? Would you stop? What? Work.
If you get pregnant? I don't want to talk about it.
I know it seems like bad luck but I.
.
want to.
Sorry.
You could be pregnant right now.
Imagine.
Baby Flo.
Imagine that.
I want to sleep in the spare room.
Don't think that would be good for Ella.
She might feel rejected.
And what about Kate? This isn't fair on her.
The Family Court isn't like the Crown Court.
It's more informal, relaxed.
They just need to know that you are not a risk to your baby.
We know that you wouldn't, but we need to convince them you are not in any way likely to hurt her.
Why would I hurt her? Look at her.
Tell them I could never harm my baby.
There's a difference between me telling the Judge and her hearing it from you.
It's so much stronger if you tell her.
What I say isn't evidence, it's just argument.
I don't know if I can.
- What was Joe doing to Ella? - What? You told Ella that you did it for her.
Why was that? Was it something you were frightened he would start doing to her? Which means it was something that he was doing to you? You need to help yourself here.
You need to go into court and tell that Judge all about your relationship with Joe.
We can't do that for you.
I can't.
Why? - Cause Ella will find out what you say? - And what's wrong with that? - I haven't stopped being her mother.
- Do you want to keep this baby? The worst thing that can happen here is you come away thinking that you haven't done everything in your power to convince this court that you are not a risk to this baby.
You are going to have to say things that upset people, even Ella.
Do you suffer feelings of paranoia? My client can not be expected to comment on a medical condition.
Do you believe another prisoner is trying to poison you? I don't know.
Perhaps.
You don't know what's it like in prison Hard? Emotionally exhausting, I should imagine.
Do you sometimes think about suicide? That's not what you told the prison reception officer, is it? I didn't have my baby then.
What are you suggesting? - Do you think that I don't love her? - That's not the issue.
Is that what you're saying? Why won't you answer my question? The question is whether you pose a risk to your baby.
I could never harm her.
I love her.
And did you love your husband? She hasn't been in control.
These things have been happening to her.
She doesn't choose to be in prison.
She can't help it that women's prisons are hell on Earth.
I'm not a jury, Miss Klein.
You might be able to showboat at the Old Bailey, but not in my court.
I apologise.
I'm simply asking you to look beyond what would be true of any woman in her position.
At what? I can't imagine evidence.
Does she say she is not paranoid? That she didn't stab her husband with a kitchen knife in bed? Where is she? The maternity nurse is bringing her in.
It's fine.
- Are they going to take her away? - No.
This is very early days.
He's just decided the threshold criteria has been met, and you do pose a risk to the baby.
What does it mean? No-one's going to take her away now.
I want to see her.
Where is she? I never lied to you.
I'm not going to start.
What happened today should have no bearing on a final hearing.
But these things gain momentum.
Everyone pretends they don't, but they do.
People's minds, once they've started going in one direction, it's hard to change track.
At the final hearing, what happens to your baby is entirely up for grabs.
Provided you're not starting a life sentence for murder.
If you want to keep your baby you need to get off on the murder.
That's our whole focus now.
If you want to get off the murder you need to tell us what Joe did to you.
Van's here, ladies.
Let's go.
It will give her the stimulus she's missing in here.
Sunshine.
Flowers.
Everything.
It's only 24 hours.
When baby's away, it's hard to get the milk going because the triggers are missing her touch, her cry.
So a photo helps.
They're very nice women and it's what's best for baby.
And that's what counts, isn't it? It upsets the other mothers seeing a mum missing her baby.
So 24 hours back here.
Don't worry.
The time flies.
And you're back in your old cell, with an old friend.
Norma was kind of suggesting that we needed to know that he was talking to Ella.
But she didn't say why? She's a very experienced social worker.
- What about her? - Saul the clerk spends time with Ella.
I know.
He does.
Why? Why shouldn't he? He's her godfather.
Don't you think he could just be a little bit pro Joe? For a man as sentimental as Saul, preserving the memory of a dead love one is as close to happiness as it gets.
Happiness? What are you talking about? He's dead.
A man is dead.
What is this? You think woman should get to look after her kids? What's the matter with you? Aren't you police officers? Are we social workers? - Enough.
- She's going down.
- Not up to you.
- With the greatest of respect, it's about time you stopped your egoism and start becoming a policeman! Wiggle your toes for me, Ange.
I'm so sorry, Ange.
Help! Just remember.
She's not like any other client.
Abused women are different.
There are reasons for what I did.
What reasons? Why did you kill Dad? Is it a good idea for a 13-year-old girl to give evidence live in a witness box about the death of her father? - He said "I love you".
- And how can you be so sure of this? Because it was the last thing I ever heard Daddy say.
Use your common sense, and when you do that, there's only one verdict you can properly return.
Guilty as charged.

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