01x04 - Damage Control

[bunniefuu]

The theory seems to be that Ben Rifkin was bullying you.

You got a Kn*fe...

Wait, he was bullying you?

Dr. Vogel is an authority in genetic inheritance in behavior.

Do you have any doubts about Jacob's innocence?

I wanna dig deeper into Leonard Patz. I wanna see his case file.

So, he was aware of his burgeoning celebrity.

Hey, bud. Who you playing with?

Oh, just some guy.

This is why you can't be on social media.

All this stuff gets stored somewhere. I know.

So you're staying off it? Yes.

We all need to come clean with each other. No more secrets.

Your grandfather... he's in prison.

What did he do?

He k*lled a girl.

I just wanted it. That's all. But why did you want it?

I just did. It was a cool Kn*fe.

The DA will say you bought it because you were being bullied by Ben.

They're gonna use that as motive.

But it wasn't.

Your friend Derek seems to think otherwise.

Tell me why you think Derek connected your Kn*fe to what happened to Ben.

I don't know.

Maybe he's the real k*ller, and he wants to blame me for it.

Whoa. Hold on a minute. What?

I'm just saying. This isn't a game, Jacob.

If you think Derek had something to do with this, we need to know why you think it.

You really think Derek had something to do with this?

I don't.

You asked me why he's blaming me. I don't know why.

Had you ever said anything to him about wanting to hurt Ben?

I don't think so. That's not a no.

Maybe, but not in a way that meant anything.

I mean, Derek didn't like him either. A lot of kids didn't.

Where is the Kn*fe now?

Andy, you have it?

It was a dangerous w*apon. I threw it away.

I did what any parent would've done.

So the Kn*fe is gone?

This is well before Jacob was considered a suspect.

Andy, I'm not accusing you of anything.

I'm trying to ascertain what happened.

Right, right, right. Yes. Sorry. It's gone.

Had you taken it to school on the day Ben was k*lled?

No.

Have it with you in the park that morning?

When you left for school, did you follow your usual route?

Yeah.

So the spot where Ben was k*lled just happened to be on the very same path you normally follow?

I guess so.

I never really thought about it that way.

Before you discovered Ben's body, did you see or hear anything unusual?

You sure?

I was just walking, and then... there he was, just lying there at the bottom of this slope, in a bunch of leaves.

Dry leaves or wet leaves?

Wet.

So, you found this body lying on the ground. What did you do?

- I kind of called his name, like... Ben?

"Ben? Ben? Are you okay?"

You recognized him right away?

Yeah.

In the police report, you said that he was lying face down, his head at the bottom of the slope.

And unless I'm missing something, from that angle, all you could see was the bottom of his sneakers?

No. I could see more than that.

So, then what?

He wasn't moving, so I went down the hill to see if he was hurt or something.

Did you cry out for help?

No.

Did it occur to you to call 911?

Yeah, but I didn't...

I didn't know what it was at first.

I thought it could've been an accident.

Like maybe he fell or something.

Fell on what exactly?

On... I don't know. I'm just saying...

And if it was an accident, you wouldn't need to call 911?

No. It's... That's...

You're twisting things.

Why didn't you just call me?

Andy, if you don't mind...

I thought I'd get in trouble or something.

In trouble? Andy, please.

What happened next, Jacob?

I went down the hill, and I got down beside him.

Got down on your knees.

I think so. Yeah.

In the wet leaves?

Or maybe I was standing.

Stayed standing?

I honestly don't remember.

Derek saw you at school a short while later.

He said that your clothes looked perfectly clean.

I guess I was standing, then.

Then what?

Then I rolled him over to check on him.

How did you roll him over? With your foot? Your hands?

Hand. Even though you were standing?

I bent down. I remember bending down to turn him over.

Is that how your fingerprint wound up on the tag of Ben's sweatshirt?

Maybe. I guess.

So you rolled him over by his collar.

Yes, right. So... that's when I saw the blood, and I started freaking out.

Because face up, it was now apparent that Ben had been att*cked.

Yeah. Was there a lot of blood?

Yes.

And still, your phone remained in your pocket.

I got scared, and I figured someone else would find him pretty soon anyways.

You said you were freaking out.

Yes, I was.

When Derek saw you later at school, he described you as being in a good mood that morning.

I didn't want him to know.

Why not? He's your good friend, isn't he? Why didn't you feel like you could tell...

I don't know why. I just didn't, okay?

Hey. What?

It's obvious she doesn't believe me.

Jacob, let me tell you something. It doesn't matter if I believe you.

I'm your lawyer, not your mom or dad.

Well, that's what really happened.

No one's saying it didn't.

Yeah, right. You don't think I can tell the way you're asking those questions?

What way is that?

I feel like you're trying to trick me. What question was a trick?

You know what I mean. Actually, I don't.

In what way am I trying to trick you?

Joanna, please. You made your point.

Jacob, I am sorry that I upset you, but I promise you, what we are doing here is nothing compared to what Mr. Logiudice will do to you if you take the stand.

Your story has holes in it.

I don't know why, and maybe you don't either.

Our memories are often less reliable than we think, particularly in moments of stress.

But if I were a juror, I'd have a lot of questions.

It's the truth.

Not all the details. You messed me up on those.

Okay. Okay.

It's not okay. She just said the jury won't believe me, so...

That's why we're not gonna put you on the witness stand.

I think that's wise.

How will I tell my story?

That's my job, not yours.

Then what's his defense? He doesn't need one.

What?

Burden of proof is on the prosecution.

Exactly. We're just going to att*ck their case until there is nothing left to att*ck.

That's our defense.

All right, we'll convene again next week, young man.

You guys go wait in the car.

I'm just gonna talk to Joanna for a second, okay?

It's a mistake.

Oh, you don't honestly think he belongs on the stand.

No, of course not, but we can't just deflect.

Juries want a story, and we gotta give 'em one. A better one.

I don't disagree, but right now, all the evidence points one way.

And I'm sorry, I'm speaking to you lawyer-to-lawyer here.

The Kn*fe they found in the park...

You saw the forensics report. It's not a match.

He didn't do it, Joanna.

I know his story sucks, but he's a kid.

They get confused. They say dumb things.

I know.

He's innocent.

We're gonna get him through this, I promise, but when you start talking about giving the jury a better story...

The story is Leonard Patz.

There is nothing connecting him to this case.

Yeah, 'cause no one's looked. No one's taken the time.

I know there's something there, and I'm not gonna stop until I find it.

Just tread carefully, okay?

Okay.

Oh, and I forgot to mention, I got a voice mail from a Globe reporter.

I think they're in town doing some magazine piece on this.

If you and Laurie get approached, do not...

Yeah, yeah. Obviously.

Any press is bad press right now.

Thanks, Joanna.

Mrs. Hazen said to come to the office.

I was told...

Come on in, Derek. Have a seat next to your mom.

Ma, is Middle East considered Africa or Asia?

I think it's part of both.

I don't get why we have to do this every night.

Eat?

No, have this big sit-down dinner.

We never used to. Not like this.

Well, we do now.

It's like we're trying to pretend we're normal.

Is that so bad?

It is when it's fake normal.

Jacob, what do you want us to do?

We've never been in this situation before.

What does a parent do? Just tell me, and I'll do it.

You wanna go for burgers at Lee's and have the whole town stare at us?

That's fine. We can do that.

Honey. No! I mean it.

Maybe we're doing this wrong, acting like prisoners in our own home, sneaking out at all hours just to get a simple errand done.

Just tell me what to do, because I have absolutely no idea anymore. Okay?

Okay. I'm sorry.

I shouldn't have said anything.

It's fine.

We can order pizza tomorrow.

You guys hear about the hipster who b*rned his mouth on his pizza?

He ate it before it was considered cool.

Got a telegram from headquarters today.

Headquarters? What is it?

Well, it's a big building where generals meet, but that's not important right now.

They cleared you of any blame for what happened on that raid.

- Isn't that good news? I can't believe you've never seen this.

We should make this a thing, like movie night or something.

Works for me.

Because of my mistake, six men didn't return from that raid.

Seven. Lieutenant Zipp d*ed this morning.

Well, Dr. Sandler says you'll be out in a week. Isn't that wonderful?

Wish I could say the same for George Zipp.

Be patient, Ted. Nobody expects you to get over this immediately.

Hey, Striker, how about a break? I'm gettin' tired.

Yeah, all right. Take five.

Thanks.

I found a wonderful apartment for us.

Has a brick fireplace and a cute little bedroom with mirrors on the ceiling, and...

Red Leader! Red Leader, I'm going down!

Captain Geline.

He thinks he's a pilot still fighting the w*r.

I found the tunnel, Johnson!

Directing your attention to those documents collectively marked Exhibit 12.

On May 30th of last year, the Meriden Messenger received an e-mail through its website requesting any and all reporting on former resident William James Barber between the dates of December 1986 and January 1988.

Copies were sent out to a Ms. Agnes Martin.

Do you recognize this address? It's our home.

And who's Agnes Martin?

She's an abstract painter. Laurie was an Art History major.

A pseudonym then.

Were you aware that she had done this?

Not at the time. No.

And why do you believe she did?

Probably wasn't very much online. Wasn't really big news when it happened.

What wasn't very big news?

The m*rder.

Could you be more specific?

The m*rder my father committed.

And r*pe. He r*ped his 19-year-old victim as well. Is that right?

Yes.

Is it true that your wife had no knowledge of your father's history prior to Jacob's arrest? Yes.

In fact, she didn't even know the man existed.

That must've been quite a shock.

She took it in stride. We had bigger things to worry about.

Still. To find out that your husband's father was none other than...

What was the nickname they call him? Comes up in a few of these articles.

Bloody Billy.

Right. Bloody Billy Barber.

Hey, Billy.

How you doing, Andy?

What's the matter, kid? Afraid of me?

Billy, stop. Look at me.

You're scaring him. Shut up.

I said look at me.

You scared of me? Huh?

He's shy, okay?

Look at me. Stop.

You afraid of me, Andy? Stop it.

Look at your old man. That's it. We're going.

Look at me now! Stop it! Billy, stop!

Andy?

Yeah?

Is there a part of you, even a tiny part... thinks he might've done it?

Of course not.

Mrs. McGrath? Who's asking?

I represent Jacob Barber. I was hoping I could speak to your son, Matthew.

Jacob who?

The m*rder in Cold Spring Park.

Oh, right. The kid. You his lawyer?

His father, actually.

No sh*t.

Is Matthew here?

Yeah, he's here. What's he got to do with it?

No, not him. Leonard Patz.

All right.

That's Amelia. Don't try to pet her, though. She's a bitch.

Matt!

He's in there with his girlfriend, doing God knows what.

These freaking kids.

Well, I don't have to tell you. I mean, look who I'm talking to.

Matt!

Hey, how'd you get our names, anyway?

I thought sex victims are supposed to be confidential.

I used to work with the DA's office.

I'm just trying to get some information on Leonard Patz. That's all.

You know what he did to Matt, right?

He groped him in the library. He groped him in the balls.

Matt! What?

I'm calling your g*dd*mn name!

There's a man here who wants to speak to ya!

You're Matthew McGrath? Matt. Who are you?

Oh, sh*t. Wait. I've seen you on TV.

His kid's the one they think k*lled that kid at Archer.

Listen, I just wanted to get some information on Leonard Patz.

Maybe there's somewhere you and I can talk in private.

Who says I wanna talk to you at all?

Hey, Matthew. Shut up, Ma.

Look, I don't know anything about it, okay?

I don't know what you heard. But whatever it was, was wrong.

Okay.

So, what? You think Patz was the one who k*lled that kid in the park?

I don't know. Do you?

Dude, I just said I don't wanna talk to you.

Well, I'm gonna level with you, Matt.

I don't really give a sh*t what you want.

I read that statement you gave to the police. I didn't buy it.

Seeing as how they dropped the case, I'm guessing they didn't buy it either.

You said Patz approached you in a library, chatted you up for about an hour, followed you into a bathroom, grabbed your crotch, and then took off. Is that right?

Yeah, so?

So, I'm supposed to believe a registered sex offender, on probation, is gonna risk ten years in prison to cop a feel on a kid that wouldn't think twice about b*ating the sh*t out of him?

Come on. That doesn't track.

The only thing I'd have a harder time believing is that you were in a library.

What's your connection to Patz? You his dealer? Lover?

f*ck you.

Did Patz say anything about being in the park the morning of the m*rder?

Don't look at her. Look at me.

If you know something about the case against my son, you have to tell me. Now.

Ma, make him go.

My son's life is on the line, Matt. You gotta get outta here.

I don't f*cking know anything. His life is on the line. You hear me?

You go to your room. My son's freedom.

I don't know anything. Give me any bit of information.

Get the f*ck out! Shut up! Shut your face!

You get out of my house! I don't want you here!

I need you to do the right thing.

Get out. I don't know who the f*ck you think you are.

Just do the right thing, Matt. Your mother has my number.

Sorry. We ran a little long.

Really nice meeting you, Jacob. I look forward to us talking again next Tuesday.

All right.

He's a very good sport. He was really focused and he was...

Is everything okay?

Yeah. I... Yeah. Sorry. Okay.

Don't worry about it.

We're going to be late for his tutor. Yeah, okay. Of course.

You take care, okay? Yeah.

Honey?

Yeah. sh**t him. sh**t him, right there.

Yeah, sh**t him.

What the hell did I tell you abo...

Sorry.

This is Sarah from school.

Right. Okay, hi.

We met before. When you came to Archer that day.

Of course, of course. How are you? I'm fine, thanks.

Nice to see you.

I was just... checking in.

Where's Mom?

I'm not sure. She said something about meeting someone from work.

Okay. Well... have fun.

Right. Sorry.

All right. That guy right there. To the left.

No, no, no. Yeah. Okay.

Welcome. Hi, thank you.

And one for me.

Good evening. Come on in.

Hi.

Yeah, I know.

Cara asked me to dinner.

Yeah, I thought so too.

I don't know.

Maybe 8:00, 8:30.

Okay. You too.

Salad and fries up.

You didn't say if you wanted the dressing mixed in or on the side, so I just put it on the side.

Thank you. Enjoy.

Excuse me.

I'm sorry. Excuse me.

Are you using that sugar?

Help yourself.

Is their salad any good?

Actually, yeah. Better than I thought.

Maybe I'll give it a try.

It's funny. I've driven by here 100 times, but I've never been inside one of these.

They're pretty much the same all over.

I like it.

Thank you.

You're reading Manhattan Beach? Just starting it.

I read it last year for my book club. It's wonderful.

I didn't love her last one, so I was pretty skeptical.

But it's very different.

I'm Laurie, by the way.

Jeanine. Nice to meet you. You too.

I'll have the same salad she ordered. Dressing on the side.

Coming up. French fries too?

No, I'd better not. They're my weakness.

You can have the rest of mine if you want. I really only wanted a few.

Are you sure? Absolutely.

Excuse me.

Would you like to...

Sure.

She didn't wanna stay for dinner?

Her mom wanted her back home.

She seemed nice.

Mm-hmm. She's a little weird though.

Weird?

Yeah. Like artsy, you know?

A lot of kids give her crap for it sometimes.

Well, it's nice she came to see you.

Yeah. We were just texting, and she asked me what I do most days, and I said, "Nothing much," so she said she can come over, hang out.

But I think she just feels sorry for me.

Maybe she just likes you.

I think it's more like she feels guilty or...

What do you mean, guilty?

She said Derek was saying some stuff about me to her and she just feels bad about it.

For believing him, whatever.

She doesn't believe him now though?

I guess not, if she came over.

But he's been into her forever.

Who, Derek?

Yeah. He's, like, obsessed with her.

I think she thinks maybe he did it.

Wait a minute. Wait a minute. What'd you just say?

She thinks he might have done it. But she didn't say that, you know.

She just said she heard the cops were at school and had talked to him.

They called in his mom too. That doesn't mean he's a suspect.

I know, but that's what she thinks it was.

I don't know. Maybe she just wants to make me feel better.

Me? No. I could barely draw a stick figure.

I just loved it.

I swear I spent half my junior year abroad just in the Musée d'Orsay.

The Water Lilies.

I know it's a total cliché to love impressionism, but there's this... unabashed emotionality to it that is just so...

I don't know. Brave is probably the wrong word, but...

Do you know what I mean? I think I do, yes.

Sorry, I'm rambling.

It's fine, really.

It's like I saw this poster the other day of a Bonnard...

Laurie?

I apologize. I...

My family's been going through a hard time.

Something terrible's happened and... the friends I would usually talk to, they aren't...

Well, they've given up on us.

My husband says I shouldn't care. But he's never really had friends.

Not real ones.

Is that strange? I never really thought about it until recently.

I mean, he's had casual friends, people in his life, but no one he was truly close to, other than me.

Maybe I liked that I was the only one.

Although even with me, he...

I'm sorry. You just...

You just wanted a quiet dinner and to read your book.

Please.

I understand. It's okay.

You probably heard about the boy who was k*lled in Newton.

Well, my son, he...

I know.

I'm sorry.

I've been trying to find a way to tell you without making this uncomfortable.

I should have said something sooner.

You knew.

To be honest, I was hoping to speak with you about the case.

If you'd be open to that.

I am a writer.

I'm doing a freelance piece for the Globe Sunday magazine.

No. Laurie, I didn't mean to...

I need to go.

Is there anything you said that you'd like kept off-the-record?

What? I don't...

Did you follow me here?

Did you follow me here?

Please. Just give me a few minutes to explain.

Hi. How was dinner?

Good.

I might have made some progress today on the Patz front.

Yeah. I talked to this kid who's mixed up with him.

I think he's hiding something.

You okay?

I'm just tired.

Okay. I'm gonna take out this recycling. I'll be up in a minute.

Okay.

Hey.

Mom and I are gonna hit the hay. You should probably do the same.

All right. Good night.

What are you watching?

Skateboarding fails.

High comedy. Okay. Don't stay up too late.

Okay.

Just kind of a sense of normalcy, in a way.

I mean, it's not like he ever had girls over before, but you know what I mean.

So dinner was nice?

Good. Good, I'm glad. You deserve it.

Hey, guys. Here's a new one I just wrote. I hope you like it.

Hold my hand

I'm gonna check in again with Duffy tomorrow.

Sarah told Jacob she saw the police at school questioning Derek.

About what?

I don't know. Sarah seems to think that he might be a suspect.

Derek?

Yeah. Anything's possible.

What?

That's what everyone says about Jacob.

Well, that's why we can't leave his fate up to the cops and a courtroom.

We gotta get answers for ourselves.

Isn't that Joanna's job?

Joanna's a great lawyer, but lawyers have boundaries.

I don't. Not anymore.

My only job now is trying to protect our son.

Whatever it takes.

"The parents of Ms. Rouse remained inconsolable, even as a verdict of life without parole was delivered.

Also in court was William Barber's wife, Marianne, and the couple's 5-year-old son, Andrew.

Throughout the proceedings, the defendant refused to display any remorse whatsoever.

'If looks could k*ll, ' one of the jurors later commented."

Must've been terrifying, growing up with a father like that.

I didn't have any contact with him. Just once after the trial. That's it.

Still. My father lost his hair in his 20s.

I know I spent my teens wondering when I was gonna lose mine.

Are you telling me you didn't grow up scared... that, deep inside, there might be some part of him in you?

Surely, it must have occurred to you at certain pivotal moments.

The arrival of a child.

Watching your little boy grow.

Privately obsessing over even his most innocent behaviors.

Always on the lookout for any indication that your father's blood might run in his veins.

Then, lo and behold, he's implicated in a violent crime.

Stabbing, no less.

Your worst fears finally realized.

No, it's just the opposite.

When you live with what I've lived with for so long...

you look at your kid through that lens 1000 times.

You've made your determination.

I knew Jacob wasn't a m*rder*r the way I knew I wasn't.

If you say so.

But you had 14 years to come to that conclusion.

Laurie, on the other hand...

Laurie was a different story, wasn't she?

Okay, buddy. This won't take too long, but just try to stay still, all right?

Is it okay if I'm nervous? Will I, like... Will they see it in my brain?

It's totally fine. We can't read your thoughts.

Just relax, okay?

So this will take about half an hour, so why don't we just wait in my office?

So, we should probably discuss the DNA test.

I've already gotten what I need from Jacob.

Andy, I'm gonna need a sample from you as well.

You're testing for the m*rder gene?

It's not as simple as that.

And that's just a coy phrase used to grab some headlines.

That said, I think Joanna was wise to have you pursue these results, just in case.

I don't understand.

Well, if Jacob is found guilty, and I'm saying if, then you may wanna present genetic evidence as mitigation.

Mitigation?

To get it reduced to second. Right? Correct.

First degree m*rder is mandatory life without parole.

Second degree, he becomes eligible in 20 years.

He'd only be 35. He'd have his whole life in front of him.

Yeah, what's left of it. Again, if. Only if.

So, we should probably talk about your father.

What about him?

Well, obviously, I'm gonna need a swab from him as well.

Go ahead. He's in Northern Prison in Somers, Connecticut.

I know. I tried to visit him there.

You did? I did. And there's an issue.

What kind of issue? He wouldn't agree to the test.

What do you mean?

He says you have to ask.

Me?

He doesn't know me. Apparently he wants to change that.

You gotta be kidding.

Andy, I'm sorry, but we need his cooperation to...

Tell him he can f*ck off.

Sorry.

I don't think I can do that. I can't.

You can.

He'll go.

You'll do it for Jacob.

It's like you said. Whatever it takes.