DCI Banks Aftermath s03e05 Episode Script

Innocent Graves (1)

I want you to show me your fear.
Show me your fear.
Ask yourself what you're afraid of.
It's following you down the road.
You can't turn your head because, if you do, you will see it.
You are terrified! You are petrified! - What the hell's going on? - Sorry, Owen, it's her.
Becca, stop making her laugh.
Ellie, really good, but you could allow yourself to be .
more vulnerable.
And then it'll all come.
- Bye, babe.
- Becca? "I want you to show me fear!" DCI BANKS Innocent Graves Season 3 - Episode 05 Part 1 Right.
Right, thank you.
Insufficient evidence to warrant a charge of murder.
Sorry, Ken.
I know how hard you worked on this.
We all did.
We can still get him for manslaughter.
- It's twice in two weeks, Ron! - I know.
First Draper, now Sheldon - both knocked back by the CPS.
- I know.
- It's affecting morale.
God knows what it's doing to public confidence.
Am I right? - You are right.
- Thank you.
Every time we talk about this, you're right.
Apparently you don't actually need a pub to be a pub bore.
I'm serious.
If the criminal justice system exists to provide justice for criminals ahead of victims Come in! Sorry to interrupt.
Ellie Clayton's been found.
- Good.
- Who's that? A 16-year-old girl from Valley Edge, been missing since last night.
Sorry, boss.
When I say found Boss.
Almost certainly what it says on the tin.
Asphyxia by ligature strangulation.
I'd say between 12 and 15 hours if pushed, but definitely no more.
Have you got enough now? And cover the body, will you, please? What about all the blood? A scalp wound.
Not terribly severe but they can bleed heavily.
Any signs of sexual assault? Well, her underwear's been ripped in two.
That doesn't actually constitute evidence of rape.
Well, that's one for the post mortem, I'm afraid.
I couldn't possibly say from initial examination.
- No phone? - Not yet.
Boss, there's a local at the cordon asking to speak to the officer in charge.
Inspector Banks, have you got anything that you can give me? As soon as we can, we will.
Is it true that it's Daniel Clayton's daughter? Do me a favour, Glen.
Don't go speculating publicly until the victim's been formally identified, OK? And has she been? You've covered enough of these by now to know how it works.
We do have a media liaison team, Mr.
Come on.
Look, this must be the biggest thing that's happened in this part of the valley for years.
It's the biggest thing that'll ever happen to one family.
As soon as we can, we will.
- Have you got anything? - Detective! DCI Banks, DI Morton.
Clark lives in East Valley.
I don't know if this is any use to you, but sometime last night, after 8:00, I noticed a car half blocking my driveway.
So I kept my eye out and later saw a chap I didn't recognise getting in the car in a bit of a hurry.
Can you describe him? Well, the light was very poor, I'm afraid, but he was definitely wearing a cap and a leather jacket.
- And what about the car? - Dark blue, very dirty.
The rear light was damaged.
Thank you, Mr.
That's very helpful.
Get him with E-Fit, then run the car and pass the details on to the door to doors.
Thank you.
A pretty exclusive address, even for Valley Edge.
So when will it be my turn to drive? I've told you.
It depends on whose car we're in.
Right, so it's not a control thing? Am I supposed to know who this Daniel Clayton is? LastChanceToBuy.
com - founder or co-founder.
You don't know what that is, do you? It's an auction website.
You must be having a positive influence.
- Anything? - No, not much.
What I'd like to know is what a 16-year-old was doing alone in a park late at night.
If it was one of mine, I'd Yeah.
- Mr.
Clayton? - No.
I'm Simon Harris, Daniel's business partner.
Detective Chief Inspector Alan Banks.
- DI Morton.
- Hi.
Come in.
Every Friday after school, she goes to her theatre workshop.
If one of us can't pick her up, she'll get a cab.
Last night she phoned and asked if .
she could go for a pizza with Becca Smith.
She should have been back by half eight at the latest.
She wasn't answering her phone, so I tried Becca.
She knew nothing about a pizza.
She said that she had left Ellie outside the theatre.
And Sorry.
I believe when Dan came back from work, he called the usual cab company and they said that Ellie hadn't ordered a car.
And that's when you call the Harrises? I said Dan should contact you.
Could we speak to Mr.
and Mrs.
Clayton on their own, please? - Of course.
- No, please.
I'd like them to stay.
Lauren, we need a full list of all Ellie's friends.
Do you think you could help us with that? We weren't that close, to be honest.
- Is there a boyfriend? - No.
No, there isn't.
You haven't even said it's definitely her.
Nobody's actually said that it's Ellie.
We believe the body belongs to your daughter, Mr.
But we will need someone to make a formal identification.
I can't.
I'll do it.
We'll get whoever did this.
That's a promise.
Ellie Clayton, last seen outside the theatre on West Street at 7:30 after attending a weekly workshop.
Run by an Owen Pierce.
We were gonna talk to him while you're at school.
We're trying to recover the CCTV from the local area.
And we need to talk to the other cab companies nearby.
Local uniform reckon this sculpture is a meeting place for teenagers, so was Ellie meeting someone last night? And if so, how did she get there? - And check her - - Social media? Already on it.
Make sure you all get a copy of this E-Fit.
Seen in Valley Edge an hour before the murder wearing a cap and leather jacket.
You have a description of the car - dark blue, dirty, damaged rear light.
We need to find out who is he, why was he in the area? Then Daniel Clayton.
We all know how often the person we're after turns out to be sitting next to us at the press conference.
Ellie Clayton - she was young, pretty, from a prominent family.
Needless to say, the media are going to have a field day.
Public interest will follow along with everything that goes with it, OK? I'll go and see him now.
Inspector Banks.
- Mr.
- Thanks for coming in.
I know you're very busy, but I couldn't really talk at the house.
That's fine.
You asked if Ellie had a boyfriend.
Now, I was never able to establish if that's what he was, but a few months back I was passing Dan and Soph's and I saw this car that I didn't know parked outside.
I caught Ellie bunking off school and hitting the drinks cabinet with this horrible little shit.
Could you be more specific? Older lad.
Older than Ellie, anyway.
20 maybe.
I managed to throw him out, but if Ellie hadn't mediated, there was no way he was going without a fight.
- Do you remember the car? - It was a convertible I know I was surprised he could afford it.
Did you talk to the Claytons about this? No.
I promised Ellie I wouldn't - if she promised not to see him again.
It would Dan would've It would have broken his heart.
Ellie was everything to him.
- And did she do what you asked? - As far as I know, but Presumably you'd recognise him again? Definitely.
Owen Pierce? I was expecting you sooner.
Please, won't you come in? Living room's just through there.
I can't claim to have known her all that well, but she was always such a bright young thing.
So vital.
You know, there's There's some really twisted Are you sure I can't offer you a cup of tea? No.
So you actually saw Ellie leave the theatre last night? Yes, with Becca Smith.
Ellie's the more talented, but Becca tries harder.
- It's often the way, isn't it? - Then what did you do? I just came straight back here.
- You live alone? - I'm currently single, yeah.
- Any family? - Not anymore.
And you didn't leave the house again after that? No.
Can anybody verify that? That would be a bit difficult, wouldn't it, because I just said - You picked up a takeaway on your way home.
That is actually a few days old, I'm ashamed to say.
I haven't done much cleaning up in here.
I've just been really snowed under with work.
- What exactly is it that you do? - DC Blackstone.
I'm a freelance theatre director.
I'm mounting a touring production of Antigone .
which is also a tragedy, you know.
We cancelled lessons, but it seems a lot of the students would rather be here anyway.
That's understandable.
Elliewas an extremely popular girl.
And was she doing well academically? Yes.
Yes, it was a huge improvement this term.
Improvement? She wobbled a little a while back.
But nothing serious, and we talked about it without needing to involve the parents.
Ellie was a very mature young lady.
Becca Smith was her best friend.
She's through here.
Sorry I'm late in the office.
Right, OK.
Yeah, yeah, yeah.
Yeah, that's fine.
Yeah, but I'll need to see it before you do that.
Listen, can I call you back? Had Ellie ever done that before, Becca - lied to her parents that she was with you when she wasn't? Not as far as I know.
In order to meet a boy, perhaps.
A boy that maybe her dad didn't approve of.
I don't think Mr.
Clayton would've approved of any boy, but - no.
- So no boyfriend at all? Not at another school or at the theatre group? No self-respecting teenage girl goes out with boys her own age, does she, Becca? There was nobody.
Not that I know of, anyway.
Maybe Ellie kept the boyfriend a secret from everyone.
So why do so many teenage girls go for older lads? Because most 16-year-old boys are immature and dull.
- What were you like at that age? - Heartbroken, mostly.
Kate Saunders laughed in my face when I asked her out.
She already had a boyfriend with an Escort and a flick knife.
- Sounds like a lucky escape.
- Probably - she went on to develop a drug habit.
No, I meant for her.
When I was 16, I went out with a 28-year-old roofer called Simon.
Can you drop me at the mortuary, please? - A lot of people - - Sorry.
I tried to sort it, but they need to speak to you as well.
Just give us a few minutes.
You can stay there.
Of course.
I'm sure you're very much in demand.
A cap and leather jacket.
It's a match, Win.
- It's a perfect match.
- There must be hundreds of men that own leather jackets and caps.
- Doesn't make them a killer.
- He's lying about the takeaway.
- Possibly.
- Definitely.
How long have we worked together? Trust me on this.
We're gonna need more than that if we want to bring him in.
Will that do you? Dark blue, dirty, damaged brake light.
Clayton, I know you've probably had enough of us, but would you mind showing me Ellie's room, please? Daniel, Inspector Banks needs to have a look around.
- They've already searched the room.
- I won't be long.
They They took away her computer.
It will come back.
Take as long as you like.
Did Ellie keep a diary? She did everything on her erm her phone.
You haven't found it? No.
Obviously very proud of her father.
And the company.
Would you say that Ellie was closer to you or your wife? I think girls gravitate towards their fathers at a certain stage.
And Ellie and me - we found we could talk.
About? Anything.
Well, that's very rare.
She was more perceptive than some women twice her age.
And she was a great listener.
That's what made her so lovely and attractive.
There's just No sign of recent sexual activity - forced or otherwise.
Nothing recent? - So she wasn't a virgin? - No, no.
What else? Well, there are no defence injuries.
In fact, there's no indication that she put up a fight at all.
What about this? There's no bruising.
That wasn't caused by a blow.
It's more of a scratch, really.
Forensics? We took a series of tiny fibres from underneath the fingernails on both hands.
- Already at the lab.
- I'll get on to them now.
The last time I wore an outfit like this, I was promoting a tour of A Clockwork Orange.
Isn't that the one where they rape and murder for fun? It's about a bit more than that, actually, Inspector.
Why were you hanging around Valley Edge last night? I wasn't.
Then why did the Golden Lotus on Park Approach confirm that you bought a takeaway at 9:26pm? When you told our officers that you didn't leave the house after coming straight home from the theatre.
Have you spoken to Tyler Judd yet? He joined my workshop for a while.
That is until I had to ask him to leave.
He was seeing Ellie Clayton, I believe.
I thought you said you hardly knew her.
How do you know who she was seeing? They all talk to me, the kids.
They kind of treat me like I'm one of them.
Mostly the girls, strangely enough.
And you encourage that, do you? In the workshop.
If it gets the required performance.
Did you find Ellie attractive, Mr.
Pierce? Let's just say I appreciate the female form.
Well, we can take that as a yes, then.
Look, is my detention here based solely on the memory of some bloke that works at the Golden Lotus? Seriously.
You've got nothing, nothing on me, so I'd like to go home now, please.
Not yet, Mr.
Well, actually, I don't think you can keep me here.
Actually, we can.
Well, in that case, I'd like to speak to my solicitor, please.
Well? Lonely, inadequate probably deluded and quite possibly harmless.
We should get this Tyler Judd in.
Yeah, background first.
And sleep.
Yes, the 9:00ªm press call.
It's a bit inconsiderate, isn't it - asking you to face the cameras that early? Especially at your age Mr.
Clayton? Anything of potential interest, bag it.
So, please, if anybody knows anything that could help stop whoever did this from doing it again please tell the police.
Sir? What have you got? Whoever she is, she's got at least one fan.
Detective Chief Inspector Banks will take any questions.
Inspector, is it true that you've arrested a man overnight? As Chief Superintendent McLaughlin has already said, we are pursuing several active lines of inquiry and it's important at this time - Can you confirm that the man in custody is Owen Pierce? "Can you confirm that the man in custody is Owen Pierce?" I mean, what the hell does he think he's trying to do? Doing what crime reporters are paid to do these days - putting the story ahead of the investigation.
Boss, found in Pierce's house.
Looks like Ellie Clayton, don't you think? - So who is she? - Maddy Phillips.
Lives in Leeds now, but she was in Pierce's workshop a few years back.
According to staff the theater, they had a fling.
It's nice work, both of you.
Yes, but it's only an interesting coincidence at the moment.
Let's get these in front of him and hit him with everything.
Forensic report on Owen Pierce first.
You two bring in Tyler Judd and we'll visit this Maddy Phillips.
Then we'll hit him with everything.
- Detectives.
- Glen Painter.
What are you doing here? So it looks like I did the same detective work as your team, only I got here first.
And she has got quite the story to tell.
If you don't report this responsibly from the beginning, it could compromise our investigation and any subsequent trial.
I'm not trying to make your jobs any harder, but when these cases come along, the world doesn't just stop and wait for yous to arrange a news conference.
- "These cases"? - We should work together.
I'm sorry for outing him like I did, but he did do it, didn't he? I think perhaps you're missing the point here.
- Thanks, Glen.
- I'll be in touch.
I was 17 when it started and it lasted for about two-and-a-half years, on and off.
I know he's older, but he knew about acting, and that's all I ever wanted to do.
I've got an agent now.
Why did you split up? He got a bit creepy.
He started making me feel a bit nervous.
He didn't like me talking to people - well, men, really.
And then when I tried to end it, he wouldn't take no for an answer.
He started pestering me and my mum and only stopped when I threatened him with a restraining order.
But he did stop? Yeah, but I still didn't feel safe.
That's why I moved away.
Tell us more about how he made you feel nervous, specifically.
I don't know what Glen said, but if we find that you've withheld information in order to profit from it later, you'll be in serious trouble.
Owen liked porn.
Not, like, regular porn.
More rough sex.
We play acted for a while, you know, like role play.
Is that what he did to Ellie Clayton? Is that why you're here? Could that have been me? Would you be prepared to repeat this in court? In front of all those people? I don't know.
Just facing Owen across a packed courtroom - it'd be really traumatic.
But you know, if you needed me to to help bring him to justice, then, well, I guess it's my duty, really, isn't it? Right, then, Mr.
Pierce, - I'd like to begin - - Actually, I'd like to begin.
I made a mistake.
About the takeaway.
I made a mistake.
I got my days mixed up.
It was an oversight.
That's quite an impressive record you've got there, Tyler.
You must be something of a hero amongst the aspiring car thieves.
Be even more impressive if you hadn't been caught so often.
There's no sign of sexual assault or, indeed, any kind of struggle, which suggests to us that Ellie may well have known her attacker.
It also suggests that whoever killed her arranged her clothes afterwards to make it look like rape.
A carefully stage-managed scene .
right down to the ripping of her underwear.
No comment.
How long were you seeing Ellie for? No comment.
You're bored.
We're bored, Tyler.
How about we get the man who threw you out of the Claytons' to come and identify you? And we can see how far we get with a charge of B and E.
Do you like pornography, Mr.
Pierce? Maddy Phillips told us you do.
She said you particularly like rough sex and that sometimes you won't take no for an answer.
I haven't seen Maddy for some time.
She still bears some resemblance to Ellie Clayton.
So I was there.
And what? She invited me in.
Then why keep it a secret? She was 15.
And you were having a sexual relationship? What do you think? She was always stressing about her old man finding out.
They were like Don't know if he'd be angry or jealous.
Know what I mean? Where were you between 7:30 and 8:30 last Friday night? Driving.
And yeah, on my own.
And no, I don't have a car.
I leant it off a mate who'll vouch for me.
Yeah, I'm sure he will.
But did anyone actually see you? CCTV? I tend to avoid it.
Pierce, why were you in East Vale Valley Park - on Friday night between 8:00 and 9:00pm? - But I wasn't there! Yes, you were! You and your car were seen.
The witness provided us with this E-Fit.
- He's lying.
- They're both lying.
We're gonna have to charge or release within the next two hours.
All we've got on either is circumstantial.
Not anymore.
DNA results on Pierce are in.
Cell three, back to Interview Room 1 now.
To clarify, Mr.
Pierce, you weren't in the park on Friday night? - No.
- How much longer are you going to keep me here? And you didn't see Ellie after she left the theatre? No.
Why, then, are there traces of Ellie's blood on the jacket which you admit you were wearing on that night? OK, I did bump into her.
- I think perhaps my client and I - No, it's fine.
It's fine.
It's fine.
I was in the park.
Ellie appeared out of nowhere.
She She was cut on the head.
She She seemed totally disorientated and she literally walked right into me.
- Owen - - I tried to stop her.
I tried to talk to her.
She, she ran off.
So I let her go.
Are you sure that's what you want to say - on record? Yes.
I'm sure.
- I would like to suggest a break.
- Why were you in the park? I was visiting Maddy's mother.
Well, I was waiting outside.
She lives near there.
God, I'm so stupid.
But it was an oversight.
Can I go now? You do know the difference between an oversight and a lie, Mr.
Pierce? Don't patronise me, please.
I haven't patronised you, despite having to sit here and answer questions of a very personal nature in the presence of a woman who clearly hates men! And my command of English language is far better than yours, darling.
- Now I'd like to go! - No.
You can go when we say you can go.
- You dried-up bitch! - Sit down, Mr.
Pierce! I want to go home! Let's just deal with what we know.
He's stalked women before.
Although Maddy Phillips is a lousy actress and she'll make an even worse witness.
He lives on his own, he uses specialist porn, - he's into violent sex.
- Yes, but being a bachelor doesn't necessarily make you a sex murderer, does it? - He's got no plausible alibi.
- And neither has Tyler Judd.
- He's lied to us throughout.
- And so has Judd! I'm playing devil's advocate.
He's got Ellie's blood on his jacket.
But if everything hinges on forensics, the fibres under Ellie's nails don't match her clothes or Pierce's.
- So what do you think happened? - Well, I don't know yet.
But that doesn't make Pierce guilty, does it? My instinct says he is.
Your instinct can't be submitted as evidence, even assuming it's not compromised.
- Meaning? - Is it instinct? Or are you willing him to be guilty for other reasons? Like fear of not being able to deliver on a promise you should never have made.
Yes, all right, thank you.
You are charged at sometime between 7:30 and 8:30 last Friday evening, You murdered Ellie Clayton of Hillcrest Valley Edge.
You do not have to say anything, but it may harm your defence if you do not mention something which you later rely on in court.
The fact remains, Chief Inspector Banks, that during the series of interviews you've described, Mr.
Pierce gave satisfactory explanations for every one of his actions on the night of Ellie Clayton's death.
He was also shown to be lying in every one of those interviews and we didn't his explanations at all satisfactory.
And this was sufficient grounds to arouse your suspicions, DS Jackman, based solely on the clothing shown here? It also doesn't look unlike Owen Pierce, facially.
It doesn't look unlike most men in Yorkshire, Detective.
Which raises the question - did you decide this was Mr.
Pierce and then make him fit the picture? There were other factors.
When we interviewed him - This is the initial interview in Mr.
Pierce's home? - Yes.
- Where exactly did that take place? In the sitting room.
And what happened when Detective Constable Blackstone received a call to his mobile phone? He answered it, I think.
You think? He did.
And did he then leave the room to continue the call? I'm sorry, could you repeat the question? Did DC Blackstone leave the sitting room unaccompanied in order to continue his phone call? I should remind you at this point that you are under oath.
I'm sorry.
I I don't exactly recall.
Detective Constable Blackstone, whilst interviewing the Defendant in his sitting room, did you receive a phone call? - I did.
- Can you tell the court what happened next, please? I answered it.
And during that call, did you leave the room? May I refer to my notes, please? You may.
There's no reference to that in my notes.
I didn't ask what was in your notes.
Before you repeat the question, could you explain your line of questioning, please, for the benefit of the jury? Of course.
Whilst it may seem a small procedural matter, if Detectives Jackman or Blackstone were in any part of Mr.
Pierce's house unaccompanied and without a search warrant, all evidence obtained during that visit may be deemed inadmissible.
In this case, I'm referring specifically to Mr.
Pierce's cap and jacket.
DC Blackstone, did you leave the room to continue your phone call? I think I don't honestly Yes, I did.
Ladies and gentlemen of the jury, I'll need you to withdraw, if you will, while I confer with the prosecution and defence teams.
- I don't understand.
- I know.
What's this got to do with whether he killed her or not? Now, what did we talk about? When I promised to stay calm, I had a whisky in my hands and you didn't tell me the jury might be dismissed on the first day.
That's because I didn't know.
So what's going to happen next? Due to procedural irregularities in the prosecution case, I have no alternative but to declare a mistrial.
Ladies and gentlemen of the jury, you are discharged.
Pierce you are free to go.
All rise.
I have complete faith in my officers, both in terms of their professionalism and integrity.
If errors are found to have been made, then, of course, we'll address that.
Your reaction to the verdict? Well, obviously there's disappointment.
This is not the outcome we all wanted for the Clayton family.
We will look at everything again in some detail and a full statement will be issued in due course.
Thank you.
That's all I have for the moment.
- Boss.
- This is my fault.
Don't tell me I'm gonna have to remind you that we're a team.
You thought we had the wrong man all along.
I never said that.
That's why we haven't talked about it for three months - - so you didn't have to.
- We got it wrong.
Now we need to start again.
There is no "we".
I'm the head of this unit and it was my decision.
Now I've dropped the rest of the team in the shit and the Claytons won't sleep again tonight.
It's not about you.
There's a killer still out there and it's our job to stop him.
Before he does it again.
Any crime committed on any woman in Yorkshire, yours will be the first door that I knock.
What's the matter, Tyler? I thought you liked being in cars with women.
He turned up outside school one day and offered me a lift.
He got me on the ground and got on top of me.
And then - Open up! - Owen, you know why we're here! My life will never, ever be the same again.