The Escape Artist (2013) s01e02 Episode Script

Episode 2

I don't like people very much.
I'm just not a very nice person.
The world is broken.
You shouldn't watch scary movies close to bedtime.
We may dislike Mr Foyle.
We do not have to like him to defend him.
I don't do things for exposure.
Why then? Everyone deserves a defence.
Given the press this case has generated, Mr Foyle cannot be given a fair trial.
I have no alternative but to discharge the jury and release the defendant.
Will, good man.
Thank you, my friend.
Take care.
We'll see you up there.
But hurry up, I want to show you something.
Aaargh! Kate?! Jamie! Dad! Jamie! You're defending him.
Everyone deserves a defence.
That's right.
That's right.
Mum! Mum! Dad! Help! Dad! Dad! No! DAD!! Dad!! No! All right All right It's all right, all right.
It's OK.
It's all right, it's all right.
Ssshhhh Ssshhhh Sssshhhh Harris? Trevor Harris.
Anyone? Plea and case management on Will's case.
Whole thing just got moved up.
We'll have to change the dates.
No, not good at all.
We need all the bloody time we can get.
We're absolutely sure Will's son didn't see anything.
It's just if we had two witness statements.
I mean, it would take the weight off the DNA.
If it comes in.
This is where we are.
This is what we've have to work with.
Blood, ID, alibi.
And God help us, a following wind.
No, that's what I'm trying to explain to you.
Look, my wife does not wear aftershave and I am not the least bit interested in Peter Rabbit collectibles.
So if you want me to join the dots for you, someone has stolen my wife's identity.
Yeah, well, that's not going to happen, is it? Well, you can't talk to her.
Yeah, I already identified her.
I walked into the mortuary and kissed her face.
Did I scare you? I'm sorry.
I wish things could be different, but they're not.
Look, if you ever want to tell me something, anything, about what happened, I'll be here.
OK? Just come right out and say it.
I'll be listening.
Yeah? When it rains, what happens to all the little animals? Do they drown, do you think? Mr Foyle.
I used to love it when it rained.
But now I get so sad when it's wet out cos all I can think about is all these little bodies clawing and squeaking at the earth and the mud and the water and drowning in the dark.
It's a shame the plants have to drink.
I know they do, but it's a shame.
I get so sad when it's wet.
Especially after the summer we had.
Mr Foyle, we need to be sure that you understand your plea.
Is there any evidence that puts me at the cottage? You were charged on the basis of one eyewitness identification.
Yes, one.
The son hasn't made a statement.
Not yet.
You think he saw something? There's only one witness.
That's what we're dealing with.
What's that? Tea.
What kind of tea? My tea.
We also need to talk about your alibi, Ms Morris.
We go into considerable detail in our defence statement about our whereabouts that evening and we are confident she will support this.
Then why do we need to discuss this? Because we need to discuss this.
Mr Burton is the only witness in this whole case.
So he can't act for himself.
You're well-versed in criminal procedure.
I did a law course.
Oh, really, where was that? Cambridge.
Anglia Polytechnic University.
We probably cycled past one another on Silver Street.
It's a small world.
Yes, you're right, Mr Burton will not be in court.
As he's a witness, he cannot act for the Crown in any way.
It's just that, you know, he kept beating you, is all.
He's not allowed to be there.
So he just has to watch.
I suppose so.
Besides, it was very dark.
Shame about all those animals, isn't it? You have qualms.
I beg your pardon? It's your first big defence.
You're working late.
You have qualms.
He lost his wife.
If the tables were turned, he would not hesitate.
This is how it works.
I just know that if I was Will Ah.
But you're not him, are you? Not yet, anyway.
All right? I've probably only got about five minutes.
It's a bit of a crazy morning.
How's it looking? Every time I pass the conference room there's a huge queue of people knocking on the door.
Everyone wants to help, mate.
Who's leading? Mr Mayfield.
Mr Harris is his junior.
Everyone else was busy.
Any idea what they are running with? You don't have to say a thing if you don't want to.
Forensics found a size 12 boot print in the garden.
But all Foyle's footwear is a size nine.
No match on the tread.
So as far as I can tell they are all waiting for the forensics' report.
The crime scene blood.
Plus, your ID of him.
And? I think that's it.
What about his alibi? His neighbour said she had dinner with him.
They are looking into possible angles.
What's this woman's name? Eileen Morris.
Say that again.
Eileen Morris, right? Did a little rooting around in the old case file.
This is all I could come up with.
He's a bird fancier, if you remember.
See who's presenting him with that trophy? "Parish Council Events Committee Co-Chair Eileen Morris.
" That's all I've got for you I'm afraid.
There was something else.
I'm sure I've seen her name somewhere else.
Thanks, Bob.
You're welcome.
Foyle's alibi might not be as solid as they're making out.
How do you know that? Doesn't seem fair.
Biggest legal brain in the building, can't even talk to them about your own bloody case.
No, I can't.
Not directly.
It's not like I am defending him anymore, is it? Do you have any idea where the Sandra Mullins case files are? I think so, yeah.
Big box.
Stubbed my toe on it last week.
Do you think it might be near my office? I think it could be.
Mr Harris! Did you see the Collingwood arson brief? The private one? Yes, I caught sight of it as it flew past me at high velocity on its way to one of the silks.
Why don't you take a page out of Tara's book? My nose is brown enough already, thank you.
She does what she has to.
Why don't you do that now and then? Because then I'd be like Tara, wouldn't I? You heading over? Foyle's making his plea.
So it's started.
How's it looking, do you think? No sign of DNA at the scene, single eyewitness, recognition under duress.
Not a lot of wiggle room.
Will's boy was there - but if he had seen something, well, he would have said something, wouldn't he? Mr Harris.
No, I've been thinking.
Well, stop.
I mean it.
Time to go.
Hi, Jamie, welcome back.
Are you OK? See you.
Are you all right? All right.
Liam Michael Foyle, you are charged on this indictment with one count of murder.
How do you plead? Not guilty.
My Lord, given the lack of evidence at this time we are serving a bail application notice.
First I've heard of it.
It was served in good time.
I thought I gave it to you.
Well, I read it.
Bail granted, subject to conditions as per application.
Thank you.
Also, I've spoken to the List Officer who's informed me a slot is available for a week-long case on the 31st.
Very well.
That's only a few weeks away.
It hardly gives us any time to prepare the evidence? What evidence? Mr Foyle, you may leave the dock.
All rise.
Never said thank you.
Oh, you're welcome.
See you soon.
You're in a lot of trouble.
I made you some crumble.
I must have left my cage open cos a little birdie just bailed me out.
You shouldn't have done that, Eileen, really.
It takes half an hour.
That's not what I am talking about.
Oh, please.
I was happy to pay.
Welcome home.
Apple or plum? Rhubarb.
It's in the fridge at the parish council, waiting for you.
It won't be there too long, I promise.
Lots to be getting on with.
Oh, sure.
I fed them every day, just like you asked.
Everybody's hungry.
All right, let's run it again, shall we? Post mortem indicates Kate was strangled before he cut into her.
The knife entered Any update on the footprints? Locus is littered with them, all the wrong size.
After that, the blade passed through the trachea You don't "pass through" the trachea.
It's a sawing motion.
The core strength of a fast bowler.
Gavin! One hell of a blood spatter.
Will's here.
How the hell did this happen? The usual way.
What? He came in the front door.
Close the bloody folder, will you? There's pictures of his wife! Call ahead if you're going to just turn up.
I work here, too.
Everyone's behind you, but get caught trying to influence the case, you're jeopardising the enterprise.
You're the only witness.
So hands off.
Protocol doesn't just need to be followed, it needs to be seen to be followed.
I know.
I actually studied law.
We'd prefer it if you didn't even come into chambers.
If I have to stay home one more day, I swear I'm going to kill somebody.
I need to work.
Please? It was today, wasn't it? The plea? They didn't call you? They should've called you.
Talk to me! Not guilty.
Remanded where? The Scrubs? Actually he got bail.
Already in custody, low risk of absconding.
It's conditional.
When was this? This morning.
Ohh! You should really be doing this through the proper channels.
Lend us chewing gum.
Did you hear about Dr Foster? Yeah.
Dr Foster.
It's Will Burton, Jamie's Dad.
Tell him I'll be there to pick him up? "He left with Alfie, they said they were getting the bus together.
" All right, thanks.
Connor, have you seen Jamie? No.
No, I haven't.
Mum, anything? Is he here? They said he'd already left.
Why didn't you call me?! Hi, Pat, is Jamie there? I was wondering if he came home with Alfie? Have you tried the library? Is that a new phone? I got it recently.
Listen to this.
Yeah, I heard it on the radio yesterday.
Ah, it's my stop.
See you.
See you at school.
Did he get off at Alfie's stop? OK.
All right.
No, don't worry.
Don't worry.
That's it, I'm calling the police.
Jamie?! Where have you been?! We went to the shop.
Did you talk to anyone? No.
Promise me you'll not talk to anyone you don't know, OK? Not on the street, the playground, not anywhere.
I'm picking you up from school from now on.
OK? Every single day.
OK? Dad! Just give me a minute.
The sea lions of Moscow are horny this time of year.
Up yours.
Oh, relax.
Right, come on.
Let's go upstairs.
Why? Come on, boy.
Come on.
Couldn't meet in a park? It's the best place to hide, in a crowd.
In plain sight.
Plain stupid.
We're just chatting.
Two blokes having a chat.
What do you want to do? Let's talk football.
I used to love our team.
I still love our team.
D'you know what I think the problem is? We're missing our star striker.
No way can he can play.
It's against the rules.
He can hardly score goals from the bench.
He can't even watch the match.
He's forbidden from watching the match.
So I am thinking that, from time to time, maybe I could get someone to talk to you about our attacking game.
The door's over there if you're feeling uncomfortable.
I say a door.
You need a better goalmouth strategy.
Christ, don't do that.
What's the matter? What's the matter? What's the matter? Trevor.
What's the matter? You do know what it is you're doing, what we're doing, don't you? What is it we're doing exactly? We're talking.
About football.
Here we are, men talking about football.
Nothing wrong with that.
Except when footballers talk about football before a match they don't lose their jobs.
I know this is a big ask.
I appreciate you must have been hoping that Mayfield would pick someone else, someone more suited, perhaps, to something like this, but the fact is, everyone else was gainfully employed and, well, I'm just sorry it had to be me.
You're the hardest-working barrister in the set.
Well, I Thank you.
All the same, I need to think about it.
Foyle had a storage unit.
He told us about it during the Sandra Mullins trial.
He cleared it out six months before the murder.
It played no further part in the proceedings.
Someone took it on after him.
Eileen Morris.
If something's not turning up it just might mean you need to look for it somewhere else.
Probatio vincit praesumptionem.
Thanks for the drink.
You're welcome.
That's for you, by the way.
What's that? Colinwood brief.
Mr Spencer's off on holiday.
Where's he going? I haven't decided yet.
I need to ask you something.
In the cottage, you didn't actually see that man, did you? It was dark.
Sorry, I shouldn't have asked.
"Yeah! Whoo!" What? "Am I disturbing you?" What do you want, Peter? "Can you spare an hour tonight?" It's late.
"You didn't answer the question.
" Tonight's a bit difficult.
Difficult for all of us, my dear.
Foyle is our client.
He's called a meeting.
"We have a duty to listen.
" "He sounds very interested.
" Yeah.
"Says he's remembered something.
" I said yes.
Straight to voicemail.
Send a clerk round.
Where? Harrods.
His house.
To his house.
We can't do that.
I'm not staying here all night.
"Hi, it's Kate.
I'm not here right now, but leave a message.
" "Hi, it's Kate.
I'm not here right now, but leave a message.
Bye!" "Hi, it's Kate.
I'm not here right now, but leave a message.
Bye!" "Hi, it's Kate.
I'm not here right now, but leave a message.
Bye!" It's all right.
No! It's me, it's me, it's me.
You were half a second away from an eye patch.
Foyle murdered Sandra Mullins.
You need to know that.
You said otherwise in court.
I see things differently now.
If you had reservations you should have acted on those.
He claimed his innocence and I spoke for him.
I lawyered him out of it, that's all.
But I know he killed her.
He is a murderer, there is no doubt.
We differ on this point.
I mean it.
You need to be careful.
You can't stand seeing me do well, can you? This is good for me.
Good for you? I am truly sorry for what happened to you, but this is a job.
Work is work.
That's it.
Foyle murdered Kate.
You let that man in, you are risking everything.
Don't make the same mistake.
Goodnight, Will.
I mean it.
Don't be alone.
Did your Did your friend find you? Friend? Yeah, he rang your doorbell.
What makes you think it was my friend? He put your bin bag out.
She King makes the travel arrangements - Blood was all Kate's.
No DNA match to Foyle whatsoever.
What does that leave exactly? Will's ID of Foyle in the locus, going for this alibi, and that's it.
Does that even get you through the door? All the same we need to collate some skeleton arguments on how to beat a Turnbull Direction should it come to it.
That's like arguing with a tube train in a tunnel.
I don't see they have much choice.
No, well, quite.
Yes, thank you for all your help.
We said we'd be there for him.
Yes, well we will be.
How, exactly? I think we've missed a trick.
I've been digging in the old files.
There was a storage unit.
Foyle had one before the Sandra Mullins murder.
It didn't make it into the evidence because he'd emptied it six months before.
It was passed on to somebody else.
Want to guess who? She's his alibi.
She cooked him dinner at her home.
OK You're sure she was paying for this? Direct debit ever since.
If we're drawing a blank on the link to the locus it doesn't mean there isn't one, it might just mean we're looking in the wrong place.
Probatio vincit praesumptionem.
Get a call into the OIC for me, will you? We need a warrant in motion.
In the meantime, let's revisit all we know about Eileen Murray.
The IOC for you.
It's like he's finally worked out how to switch on his brain.
What is it? They called me again, about my statement.
I thought you gave one? They asked me to clarify it.
And what did you say? Well, I told them the truth.
I told them all about our evening.
Well, there are you, then.
But why did they need to check up on me like that? I don't know.
But there's nothing more to worry about, is there? No, I suppose there's not.
You look freezing.
Why don't you come in for a minute? Oh, I just have to pop home first.
Now, if that's OK.
You know anything about kettles? Oh, it's switched off at the wall.
These people, these lawyers, they don't see you.
Did you know that? Uh-uh.
They don't have an ounce of mercy in them.
And I'll be honest, Eileen.
They can be very manipulative.
Eileen, I want to protect you as best as I can, I really do, but I need you to be a little more sure of yourself.
Sure? Of yourself.
Yeah, I think I can do that, yes.
You be you and I'll be them.
Miss Morris, can you tell the court where you were on the evening of the 3rd of December? I was at home.
And what did you have to eat? Spaghetti carbonara.
Er Con funghi.
No, it's not.
No, it's not.
Er I don't I don't understand.
Have courage in your conviction.
Don't let them rattle you.
What did you have to eat? Spaghetti con fu um I'm all confused now.
Are you, Eileen? Are you confused? Confused doesn't help us.
Confused makes everything go away.
Am I hurting you? Yes.
Am I hurting you? And what did you make for dinner that night? S Spaghetti Carbonara Cup of tea? Gavin, can I ask your expert opinion on something.
Yes, of course.
A barrister can't coach a witness, correct? Gross misconduct.
He'd be out in a flash.
What about a witness coaching a barrister? I have a friend who is displaying a sudden and surprising burst of talent.
I think he's getting help.
Well, he's not just risking his own neck.
He's risking his case, his client, and the reputation of his Chambers.
So, for the sake of your chum, I suggest you find out what's going on.
Thank you.
Did you need to go in the other one? They're both mine.
Yes, we will.
Well, it's a bit of a, sorry, a bit of a squeeze.
Cos this one's mine as well, so They found a size 12 boot in the storage unit.
It's a strong candidate to match a tread in the locus.
Foyle's a size nine.
Doesn't stop him wearing a bigger boot.
Forget the alibi, focus on the boot.
Get her on stand and make the connection.
But if we call her as our witness we can't cross examine her on the alibi, can we? Her alibi's based on good character.
It's a hard sell to undermine her.
Show in court they have an undisclosed connection through the storage unit, her credibility's undermined.
You may not have to do that if you prove this boot was at the scene.
A big choice.
It's bite the bullet time.
That's the way you should go.
Tara's here.
Walk away.
Walk away.
Prove the link, undermine her.
Double bubble.
Oh, and make sure that warrant was kosher.
Trev! Looking a little bit lost there.
What are you doing here? Is Danny around? Why, have you seen him? Huh! How bad? "She saw Harris.
And she may have seen you too.
" So we're burned.
We're done.
"So what happens now?" We cross our bloody fingers.
I'm very sorry.
I crossed a line.
Yes, you did.
I've been so stressed about everything.
I'm sure you are.
See you later.
It's the first day of trial today.
They'll be arguing about evidence.
Jury's not in yet.
You remember the drill.
Probably going to take Jamie up to the cottage this weekend, go through your stuff.
It's time.
It might be good for him, you know? You were always better at that sort of stuff than me, but we'll see how it goes.
That way it's done before I have to take the stand.
Everyone's done what they can.
Everyone's been great.
A lot of people really love you.
We'll do our best, OK? I promise.
So they found a boot.
Big deal.
It's not DNA.
We stick with what we agreed.
Finalise the evidence.
Eileen will come through for us, Mr Foyle? We had dinner together.
She'll confirm that under oath.
So the boot's not a problem? Not from where I'm sitting.
Just him and what he says he saw.
As it stands, yes.
As it stands.
You sure you're up for this? Right.
Shall we start in here? Mwah.
Hey, come here.
It's all right.
It's all right.
It's OK.
Dad? Yeah.
Can I sell my books on eBay? You can do whatever you want with them.
I might do the same myself.
You? On eBay? You're rubbish with computers.
What? There's no way.
No way.
You can't even turn a computer on.
I mean, I would eat my hat.
And I don't even have a hat.
Dad? Mum said it was a surprise.
A nice surprise.
Speed-dial five, would you, please? What's going on? I need to speak to someone, then we'll come back.
Ready to dial? Can we go back now? Press five on that phone and hold it down.
" When were you planning on telling me?! "Will?" When he was in jail? "Listen" Never? Were you just going to send me an ultrasound in the post? "Are you driving?" I want a meeting with everyone tonight.
You, Gavin, the coroner.
Everyone! Hang up.
"Listen to me.
" Sorry, Jamie.
Jamie? I should have fought him harder.
It's my fault.
I'm sorry.
I should've tried again.
Jamie, what are you saying? I scratched his head.
You scratched him with your hands?! And then I hid.
You were in a box by the door.
Not the first time.
You moved?! Dad, look out! I'm sorry.
Me too.
I just need you to take a nice deep breath, OK? And now I want you to explain to me exactly what happened.
"Maggie, Peter.
Forensic team just found DNA at the cottage.
" Foyle's? "Mmm.
The boy moved, they found a sample under the sink.
" Get on the phone and get Maggie! I want my legal team, not you, Simpkins! You're driving me up the wall.
I can't hear you speak anymore! "DNA it is, Mr Foyle.
It's DNA!" What does DNA mean?! Get Maggie here now! "15th Floor.
Doors opening.
" What kind of DNA is the DNA that we've got?! Where did this DNA come from, Mr Simpkins! "I can't tell you, Mr Foyle.
" Is it from hair, Mr Simpkins? Is it from semen?! You've locked him in? He said he'll only speak with you.
You've locked him in? Correct.
We were discussing his alibi.
Then the conversation drifted to the new DNA evidence.
And you let it? It's only a low sample.
Manifestly unreliable if we do our job properly.
He's not going to see it that way, is he? I suppose not.
It puts me there.
You're concerned about the DNA.
It puts me in that cottage.
It puts me "at the locus", Margaret.
And now they think it's me.
They might think it says you were in the cottage Is this how it's going to be? Here on in.
Do you think I enjoy spending my life sitting in an airless room with his coffee breath? It's like an infernal machine.
It chews you up.
Doesn't speak.
Doesn't listen.
Just keeps moving forward.
There's nothing you can do! OK, we need to back up for moment.
We? We have a very clear alibi.
We? You love it, don't you.
We are one and the same.
In terms of this trial, our fates are intertwined.
But "we" don't go to prison.
Do we? We were not in the cottage.
No, we weren't.
So, we need to work out why the DNA would say that.
But it's science.
And you can't argue with science.
I can, Mr Foyle.
In fact, I can be very persuasive.
Be upstanding in court.
Mr Burton, I know this is going to be hard for you given the circumstances, so please take your time.
I saw him through the window.
Him being? Liam Foyle.
He was known to you? Yes.
I'd just defended him in a criminal trial.
How often would you say you saw him during that period? Almost daily.
Over the trial period, six months.
Is there any doubt in your mind whatsoever that the man you saw during those times was the same man you saw staring at you through the kitchen window? None whatsoever.
Ms Gardiner? Mr Burton, you are a practising criminal defence barrister, are you not? Yes.
If a situation arises where a case against an accused depends to a great extent on the identification of the accused, is there a warning the judge should give the jury? Yes.
What is that warning called? It's called a Turnbull Direction.
In your professional opinion, is it important for the judge to warn the jury of the need for caution before convicting anyone in any case that relies so heavily on eyewitness identification? Yes.
Should the judge, in that situation, ask the jury to closely examine every circumstance in which the identification was made? Yes.
Would I can list them for you if you like.
No, thank you, I'm more than capable of recalling them on my own.
When you found her body, who did you see in the window? I saw Liam Foyle.
You had "no doubt whatsoever" it was him.
There was a second individual present at the time Kate Burton was killed, wasn't there? Mr Burton? Yes.
This would be your son James, is that right? Yes.
According to his statement, he was unable to make "any identification of the attacker whatsoever.
" Is that right? He's nine years old.
He was hiding in a box.
So if I might ask again.
Is it your understanding that he was not able to identify the attacker? Yes.
So 50 percent of persons present were not able to give a positive identification of the attacker.
Mr Burton, when a jury convicts, is it beyond all doubt? Is Is that the term? Reasonable doubt.
Beyond reasonable doubt.
Now let's have a think about what might be reasonable in this situation, shall we? When you saw the man you are alleging was the accused, Mr Foyle, was it dark? Yes.
Were you under stress? Is that a serious question? She was pregnant, did you know that? Mr Burton.
My Lord.
Part Seven, Code of Conduct.
Please try and remember that you are a witness and not counsel in this case, Mr Burton.
I am fully aware of the tragic circumstances we have surrounding us and I am keenly aware of Mr Burton's incomprehensible loss, but in the case we have before us, Mr Burton's distress cannot be avoided if my client is to be givena fair trial.
Very well then.
When you saw the man in the garden, were you under stress in any way? Yes.
What is a Bar Standards complaint? It's a formal letter listing a complaint against a practising barrister.
Have you ever received such a complaint? I have.
Can you tell us who wrote that complaint? A former client of mine wrote it.
His name, please? Liam Foyle.
In a dark room, in the shock and trauma of finding your wife in a pool of blood on the floor, holding her in your arms, still unclear as to where your son was, you look up at the window and you see a man, a man who recently had been given cause to make a serious complaint against your conduct to the Bar Standards Board, a man whose absence from your life would be very useful indeed.
But it wasn't that man, was it, Mr Burton? You just wanted it to be.
Stop her.
A bit late for that.
She's twisting the facts to make them wrong.
Doing a good job of it too.
If Defence had a problem, they should've argued it at the time.
The issue has just come to light.
There's compelling evidence! Can I come round tonight, please? I'm freaking out.
How did he know? There's no way he could have known.
When you killed her, did she die quickly? How do you live with yourself? You had us all worried for a minute.
I'm just full of surprises.