09x12 - Underneath

[bunniefuu]

Get going.

Please. Do your damn job.

You can't think Milli Vanilli is cool. I would disown you.

You are unbelievable.

OK, I may puke, but I have to ask.

Which one do you intend to marry? Rob or Fab?

Janet, get that.

Hang on. I'm, like, the servant around here.

Yeah? Triboro Cable.

What do you want?

Your cable's out.

Is it? I don't think so.

OK. I'm sorry.

Wait a sec.

Maybe my dad called you. You'd better come in.

TVs in here. Dad! Cable guy's here.

Can I help you?

There's a problem with your cable?

I was just watching the game upstairs.

I think you got the wrong house, buddy.

Oh.

Is that your work order?

Who called it in?

Police! Don't move!

God Almighty.

Face the wall. Face the wall!

Johnny! Check the other rooms.

They're all dead.

Got you.

Got you, you bastard.

..g-g-e-t-t. Two G's and two T's. I was the arresting officer.

You're makin' a huge mistake.

I don't care what it shows!

I appreciate that. But I don't care what it shows. It's wrong.

I was there. We got the right guy. An X-File?

I'm tellin' you, you let this guy go, more people are gonna die.

Was that the DA?

Assistant DA. He was probably in ninth grade when this happened.

What do you want him to do?

Keep the bastard locked up. Did you read that?

My partner and I busted this guy, Fassl, 13 years ago.

He'd k*lled seven people. Now they wanna let him go.

The DNA evidence proves he's innocent.

It's wrong. It's some lab mistake. Simple as that.

My partner, Duke, and I catch this 911.

Neighbours hearin' screaming coming from this house.

We get there. Teenage girl, mother, father - all dead.

There's blood...

I can still remember the blood squishing under my shoes.

This guy Fassl's just standing there.

So you didn't actually catch him in the act?

Ten seconds earlier through the door and we would have,

Tell me you got good news.

I have combed through every detail of this ME's report.

I have read and reread it.

I am sorry, Agent Doggett, but the DNA fingerprinting does indeed exonerate this man.

You're telling me there's not a million-to-one chance that these DNA tests are wrong?

Actually 100 million.

I need you to run the reports again yourself.

Agent Doggett, you don't...

It'd take at least 48 hours. That's too long.

Where are you going? New York, I can't just sit here and wait for this guy to k*ll again.

John...

Look, I get it. Enough people tell you you're drunk, it's time to lie down.

But I know what I know.

I could really use your help.

It's time to go.

Congratulations, Bob. Best of luck to you.

How does it feel to be a free man? Are you gonna sue the police?

It goes without saying that my client is happy once more to be a free man.

I myself am overjoyed. I think today is a day to celebrate.

But tomorrow we will be looking closely at the reasons why Bob was falsely accused and incarcerated.

13 years of his life were stolen from him.

We'll be looking at the Brooklyn DA's office and the New York City Police Department.

Bob, let's get you outta here.

Thank you. Thank you.

On top of springing loose a m*rder*r, the city of New York is gonna pay him off?

Hell, yes. And count ourselves lucky.

We didn't spring a m*rder*r. He's an innocent man.

Or maybe you didn't glean that from our conversation.

Mr Kailer, on the off chance that that's not true, why not let us look through your documents pertaining to this case?

Maybe we can save the city some settlement money.

Or maybe I get in an even bigger jackpot when Jana Fain cries "police vendetta", yelling at the papers about the disgruntled former cop who's out to get her client.

Somebody committed these murders, right?

Now that you've sprung Mr Bob Fassl, the victims' families are gonna start askin' who.

How you gonna answer 'em?

There's a lot of material here.

Where shall we start?

Right there. The original arrest report.

"Arresting officer: John Doggett."

Must have been a career-maker.

Well, it didn't hurt when I put in for detective.

The murders had been front-page news for weeks.

The sense of relief everybody felt when we caught Fassl, it was...

You know, John... whatever we find here, sometimes...

Sometimes even good cops make mistakes.

Yeah.

And I've made more than I can count, but this wasn't one of 'em.

Whatever you think... I'm not here trying to cover my ass.

That's not what I think. It's not. I just...

I just worry that maybe this is about you feeling guilty.

I feel guilty...

Like what, subconsciously?

Like I was told I sent an innocent man to prison, only I refuse to accept it?

A cop I know, a man I respect deeply, told me one time:

"You don't clock out after your shift unless you did everything you could."

That's what this is about. Me not clocking out.

Bob. I want you to make yourself at home while you're here. Just relax.

Oh! Mrs Dowdy, this is Bob Fassl. He'll be staying with us for a while.

I have your room all made up. I hope you'll be quite comfortable.

Thank you very much, Mrs Dowdy.

You're rich.

Well, my parents were. I inherited this when they d*ed.

I've been very fortunate, so I try and use my family's resources to help where I can.

You do good things. You're a good person.

I guess it takes one to know one.

I know some business people sympathetic to your situation.

When you're ready we'll set up some job interviews.

I can only imagine what you must be feeling right now.

I'm so sorry for everything you've been through. And I'm so happy for you now.

Hey, buddy. You steal that car?

If it ain't the FBI!

Duke Tomasick. Lookin' good.

Hell, yeah. I was always the pretty one.

Not that I'd steal you away from even one minute of retirement, but I gotta get another viewpoint on this case from someone who was there.

Duke, I'm racking my brain on this and I'm coming at it from every possible angle.

Was there something we missed? Well, yeah. We arrested the wrong man.

I'm sorry, John. I've been torn up about this, but unless there's something you know that I don't, it looks like we gotta face facts.

Duke, you were there. Fassl was the only one in the house. He k*lled those people.

John, wise up, will ya? Drop this thing.

What did you always tell me about being a good cop?

You said never to clock out.

Well, I got another lesson for ya.

Keep after this thing, it's gonna bite you in your ass.

I'm sorry. I just wanted to see how you were settling in.

I should have knocked.

I'd read in your file that you had attended the seminary, that you studied to be a priest.

It's wonderful that all you've been through hasn't diminished your faith.

I pray all the time.

I pray even when it looks like I'm not praying.

I know someone's listening, Bob.

Good night.

No...

Don't.

Please don't hurt her. Please!

Were you here all night?

There's gotta be something here that's been overlooked, something I can hang this guy with, DNA or no.

Speaking of DNA...

Oh, come on.

The retests of the typing confirm the original results, that the hair samples do indeed belong to someone other than Robert Fassl.

So what do we do? We just go home?

This is wrong. This is... John, there is something else.

Something that explains why 13 years ago the science of the day identified the hair as Fassl's.

I spoke to the forensic examiner who ran the tests, He found a match in 12 of the 13 key genes.

What does that mean?

It means that the mitochondrial DNA in the hair sample is genetically similar to Fassl's.

In fact it is remarkably similar.

It is so similar that it must be from a blood relative.

Wait a minute. Fassl's an only child. His parents d*ed when he was 13.

He's got nobody. I know.

You know? Then you know that what you're saying is impossible.

And yet somehow it's true.

Would you get dressed and come on downstairs, please?

Bob...

This morning I noticed something that I must talk to you about.

The drawers in my bedroom had been opened and somebody had been through my things.

You weren't home last night? I think you know that I wasn't.

As it happens, I was called down to county lockup on behalf of another client.

If you're going to stay here, you have to respect me, my privacy, my possessions.

You're a free man now, and with freedom comes responsibility.

I am late for a deposition.

Help yourself to breakfast. Mrs Dowdy seems to be running late this morning.

Agent Reyes, I'm Brian Hutchinson, superintendent.

I appreciate you seeing me. Anything I can do to help.

Great, I'm reviewing evidence in the Fassl case.

Whatever I can do to ensure he gets looked back up again. Tell me what you need.

Thank you. That's an extremely helpful attitude. What's your reason for it?

I just don't think the system should have let him go.

Why exactly? The court says he's innocent.

Maybe. But there's another m*rder they don't know about.

Bob Fassl's cell mate was a biker named Spud Jennings.

A real badass, or at least he thought he was.

Jennings was m*rder*d? Oh, yeah.

We found him in a hallway that Bob Fassl had been mopping.

He was lying ten feet from Bob Fassl's mop bucket.

Fassl nowhere to be found. Fassl k*lled him?

The m*rder*r was caught on a security camera once he turned the corner.

This is a video grab, a pretty clear one. You can see the blood on his hands.

One problem. This isn't Fassl.

This isn't anybody.

This man doesn't fit the description of any inmate currently incarcerated here.

We haven't been able to find him since.

Don't ask me to explain it.

We couldn't charge Fassl with it either. But I know he had something to do with it.

Agent Doggett.

A word, please.

Don't you have something to tell me? What do you mean?

The DNA retests. I understand you received the results this morning.

Mr Fassl has been exonerated... again. The results aren't that simple.

The DNA is similar to Fassl's to a degree we haven't made sense of yet.

Look. I just spoke to the DA. He's authorized a settlement offer which I intend to deliver to Mr Fassl's counsel posthaste.

I'll send the bailiffs down to retrieve the case files.

Have a nice flight back to DC. We need more time to get to the truth.

This isn't about the truth. This is about getting a conviction, Agent Doggett.

And if we can't get a conviction, then the truth doesn't matter.

John! I may have a break in this case.

A suspect. A suspect? Not Fassl?

You really need to see this.

So who is he? I'm wondering more "What is he?"

I ran him through the offender database, facial recognition.

Came up with nothing. It's like he has no identity.

Yet somehow this person materialized inside a maximum-security prison, k*lled an inmate and then vanished into thin air.

Materialized how? Like Casper the Friendly Ghost?

When Duke and I entered that house back in '89, we didn't find 22 Top here.

We found Bob Fassl, end of story.

Yeah, but what if the two were somehow connected?

Monica, this is not an X-File. Don't try to turn it into one.

In prison, this being, this person, whatever you wanna call him, acted as if he were protecting Bob Fassl.

By getting him locked up in prison in the first place?

So either he's doing Fassl's bidding, or Fassl's doing his.

I'm thinking this bearded man was the one who committed the other seven murders.

I think we can prove it.

DNA evidence in the Sing Sing m*rder was gathered and filed.

All we have to do is compare it to the DNA from the 1989 murders.

No. Unfortunately that's not gonna work.

The 1989 evidence has to be thrown out. What are you talkin' about?

The hair samples logged to your crime scene, Agent Doggett, were not there on the day the crimes were committed.

Are you accusing me? Are you accusing me of planting evidence?

I am simply stating the facts. OK?

The DNA evidence that was used to convict Bob Fassl was planted.

Mr Fassl, I'm Damon Kailer.

I need to speak with your attorney. Is she here?

You were at my hearing.

I'm the assistant district attorney. Is Jana home?

She's not here.

Mr Fassl, I came to make a settlement offer on your case.

There's... There's no reason to be upset. This is good news for you.

Tell her to call me. We'll work it out.

I wanna go back.

I'm sorry? Please send me back to prison.

Listen, Mr Fassl.

I shouldn't be discussing this with you without your attorney present.

But it's my fault. I can't be hearing this.

It's the truth. That's not my concern.

I'm sorry, John. You framed Fassl.

You saw how it was going down.

We arrested him at the scene, but he left no prints, no hair, no fiber.

Nothing to tie him to the murders.

How did you do it?

I took part of a hair sample that was found at a previous m*rder, and put it in with the evidence from our crime scene.

Johnny, it was the one and only time I ever did anything like that.

I was scared Fassl would walk, and I couldn't let that happen.

Not when I knew that... he was guilty.

Oh, God Almighty...

You know this is gonna come out.

No one's gonna hear it from me, but I can't ask Agent Scully to lie.

I don't want you to.

Duke, you son of a bitch! This is a felony!

I don't know how I can forgive you for this.

You break my heart.

Excuse me. Agent Doggett?

ADA Kailer, I assume you haven't seen him.

Apparently nobody has.

Mr Fassl, when did you last see Damon Kailer?

Two days ago, at his hearing.

My client had nothing to do with Mr Kailer's disappearance.

No direct involvement. None.

I think we can accept that.

We also accept that Mr Fassl had no direct involvement in the seven murders he was convicted of.

How magnanimous of you. It's too bad you're 13 years too late.

Is that it? No.

Actually, we believe this person committed the murders.

What do you think? Do you recognize this man?

You know, we're here as a courtesy, which is something the police and the prosecution never showed Bob once.

Are you a Catholic, Bob?

So am I.

I remember times in my life when my rosary was a great comfort to me.

Comfort in times of tribulation.

And watching you now, I get the feeling that this is a tribulation for you.

This man.

Is it that he won't leave you alone, Bob?

Is it that you just want him to go away?

Tell us about him.

Tell us, so we can help make him go away.

No more mind games.

We're done.

What was that?

I don't know about you, but that was me changing my theory.

What, no more ghosts? Nope.

Just Fassl.

What if a man of profound faith, a devout Catholic, was incapable of contrition?

As in... he couldn't admit his own sins?

Or even that he had a sinful side to him, as we all do.

What if he were so frightened by it that he couldn't even admit it to himself?

Might not that man manifest a second personality?

But it wouldn't explain the DNA evidence.

It would if he physically became that other personality.

So we've moved on from Casper the Friendly Ghost to Dr Jekyll and Mr Hyde?

There is a precedent in the Catholic canon itself.

Transubstantiation. The manipulation of matter and energy.

Water into wine?

Or the communion wafer into the body of Christ.

Monica, I've slept through Sunday schools, but I never heard about the guy becoming another guy.

It makes sense.

It explains what happened 13 years ago and what's happening now.

So what you're saying is, because this man won't face himself, won't face his own sins, that he is forced to become someone else.

A k*ller.

So how does someone go about catching a k*ller who hides inside an innocent man?

Do it.

I don't wanna hurt her.

Bob, are you OK?

k*ll her.

Oh, my God!

What happened?

I... I fell.

I'll fix you up. You'll be OK.

I'll take the next couple of hours.

You should get some shuteye.

Give yourself a break. You haven't slept in 48 hours.

I'll sleep once we make sure this guy Fassl never kills again.

Fassl and his Charlie Manson sidekick.

They're the same person. I don't wanna hear.

I just need to hear another theory that makes sense.

That theory doesn't make any sense. How the hell to you does that make sense?

Meat-and-potatoes police work is what busted this guy 13 years ago.

It's what's gonna bust him again. And that's enough.

And the day that's not enough... then I don't know what to tell you.

Cos I got nothin' else.

Check it out. The front door.

Jana Fain - check on her.

He was here. He was here, the man in your photo.

The bearded man?

Where's Bob Fassl? He was right there, and then he wasn't.

I don't know where...

Agent Reyes. Call the police.

Agent Reyes!

"Cable access." Fassl worked for Triboro Cable.

The trail ends here. Blood.

He could have gone either way.

John!

You OK?

Come on.

I'll take this way.

Agh!

John!

John!

Monica!

Let him go. You hear me?

Don't waste your breath. sh**t the bastard.

Bob Fassl, I'm talking to you.

I know you're in there, Bob.

There's a small part of you in there that couldn't k*ll Jana Fain.

I'll k*ll him!

I believe you, Bob, because you're a m*rder*r.

Shut up! I'm not him.

You're not just a m*rder*r, you're a sinner. Shut up! Shut up! Shut up!

My housekeeper, Mrs Dowdy, can I see her?

It's better that you don't.

And the district attorney?

There are a lot of bodies in there.

There are many more victims than anyone ever knew.

I saw a bearded man. I know what I saw.

Ms Fain, I think we'd better get you home.

John?

I've been 48 hours without sleep.

I found out my ex-partner's a liar, a felon.

Don't ask me to explain how this could be.

So what happened tonight, all that was just you seeing things?

I can't accept this.

If you can, God love you, but it's not the way my mind works.

You closed this case.

This time around that was enough.

What happens next time?

I made this!