CONVICTION
Betty Anne Waters?
Please define "contract" for us.
Um...
A contract is a promise or a set of promises
that the law in some way recognizes as a duty,
and when it's breached, the law provides a remedy.
Ma. ma.
- What time is it? - 8:15.
Shit. I didn't finish my paper!
Thanks, sweetie. You did your math?
No, l left my book at Dads.
Richard!
I'll do it in school. Eat, Mom.
Mmm.
Did you finish your poem, Ben?
Yeah.
Thanks to me.
You get yourselves ready, we're gonna leave in a minute.
"If There Was Peace in the World by Ben Currente."
Here, here. Come over here. Read it over here.
"If There Was Peace in the World by Ben Currente.
"Children would no longer have bad dreams
"of guns, bombs and deadly screams."
"Deathly." I wrote that line.
You did not!
It's beautiful. Come on, read me the rest.
Wait, wait. One more.
It's 10:00. You're late.
Shit.
Can't believe it.
Whack for my daddy-o
whack for my daddy-o
There 's whiskey in the jar
You keep watching my ass, Aidan, I'm gonna have to clock you!
You keep wearing those jeans, I'm gonna have to marry you.
Here you go.
Hey, I know you!
Hi.
She's the other old lady in my class.
Still thirsty?
A Bushmills, please.
You her boss?
Well, technically.
But she's the one who's a little bossy. Hmm.
Bummer about your paper.
I'm Abra Rice.
Oh, yeah, well...
Okay, now you're starting to hurt my feelings.
What?
We're gonna be friends
'cause we're the only ones in class who've been through puberty.
I'm just... I'm really busy.
Okay, I'll start. So, I got these lefty parents
and they're always telling me I should put my big mouth to good use
and try to change the system.
So, I ignored them, of course.
And after partying for a few too many years,
I finally figured out what I wanted to be when I grew up.
And it turned out my parents were right, God damn it!
So, here I am.
What about you?
Look, I'm not trying to be rude,
I just don't really have time for a friend right now.
Oh... Yeah, you do. I mean, I'm all you got!
I don't want anyone in school to know what I'm doing there.
Oh.
Well, I mean, I do have a big mouth,
but I know how to keep a secret.
My brother Kenny, he got screwed by the system.
He's been in prison for 12 years, life without parole.
Whoa.
He's innocent.
Okay.
Yeah, I'm gonna find a way to get him out.
Okay.
He's innocent of what?
Kenneth Waters?
Mr. Waters?
Hey.
Finally someone who looks good in a uniform.
I'm Officer Nancy Taylor. I need you to come with me.
I'd love to, but I'm already spoken for.
Where'd you get those scratches?
Look around you, sweetheart. See the branches?
Sir, I need you to step into the patrol car.
Uh... Well...
My grandpa needs this tree out of here.
Now, Mr. Waters. Put down the chainsaw.
I tell you what, buttercup, why don't you go give out some parking tickets
and then come back when I'm done. How's that?
Put down the chainsaw, now.
Get the fuck off my grandpa's property. You're trespassing.
Drop the weapon.
You're shitting me, right?
l said drop your weapon.
Take it easy there, Angie Dickinson, it's okay.
I'm putting it down, I'm putting it down.
Every time something happens in this godforsaken town,
you have to pick him up?
You know the drill, Betty Anne.
He's got a record, we gotta bring him in.
That just sucks. I mean, he would never hurt Mrs. Brow.
Hey! Hey, Tommy, Boisseau finally got my clothes off.
He's been wanting to get me alone naked for years.
You have to make an honest man of me now, you know that.
Let's go.
What's going on?
I'm picking you up.
You're picking me up? I love you. Look at my sis.
Isn't she beautiful? No.
Here she is to save the day. She's got her cape on.
Hey, listen.
No hard feelings, okay?
And may I say that you are one of my absolute favorite arrests.
What, you think this is a joke?
She was stabbed 30 times
and her head bashed in till her brains flew out.
You think that's funny?
No, l don't think it's...
Listen, don't leave town for a while, all right?
We might have some more questions for you.
There goes my trip to Aruba. Okay.
So long, gentlemen and lady.
You an right? - Yeah, you an right?
Carry you? No, I don't want...
Kenny, I'm...
Good one, Kenny.
No, don't ring it till the end.
Get him, Betty Anne.
Come on, Kenny.
Someone's gotta talk to her.
They ain't my fucking kids.
She won't listen to me.
How'd you get so filthy?
Elizabeth, you treat them like trash,
they're gonna grow up to be trash.
You go to hell. I work day and night for these kids.
Everything l do is fol' them.
Get upstairs and take a bath.
And you're going to school tomorrow, you hear me?
Hey, where the hell are you going?
I don't have to answer to you.
The fuck you don't.
Elizabeth, get back here. They're your kids.
Who's supposed to look after them?
He got down on his knee in the middle of the freaking restaurant.
It was so sweet.
Yeah, it was totally, what do you say, conventional,
Talking about marriage?
Traditional. Traditional is what I meant.
- Thank you. - Don't give Brenda any ideas.
I love you, baby.
I love you.
Mmm.
Mandy, you wanna dance?
- Congratulations. - Thanks.
Congratulations.
Down along the tracks
She lost her home and her family
She won't be comin' back
Without love
Where would you be now
Without love
He's such a good dad, isn't he?
You'll be a good dad.
I will.
Well, the Illinois Central
And the Southern Central Freight
You gotta keep on pushin', Mama
You know you're runnin' late
Without love
Where would you be now
God, I'm sorry, man. I'm sorry. You okay?
Who the hell brings a baby into a bar?
She likes the band!
Well, if you can't take care of your kid,
you should keep your dick in your pants.
What did you say?
You heard me.
Absolutely, I'm sorry, man. I'm sorry.
Here, hold Mandy for a second.
What are you doing?
Kenny...
Kenny!
You ever say another word about my daughter and I'll fucking kill you.
I'll take your fucking eye out.
You understand me, motherfucker?
Kenny, get off him. You understand me?
Hey, hey, Kenny, easy. Come on.
Enough. He's okay, all right.
No, he's all right, he's all right.
We clear? We're clear, right? Mano a mano, huh?
Come on.
Hey, we're Cool.
We're cool, he's all right. Get some Wild Turkey.
Wild Turkey for my buddy here. You okay, man?
Get some ice for my buddy here. Sit down. Sit down.
This one's okay. He's fine.
No.
We're sitting here having fun and you had to go and do that.
Who's your buddy? Who's your pal?
Come on, now it's a party. You know what I'm saying?
Come on, come on!
Come on, come on, come on.
Come on, let's dance.
Give the baby to Betty and let's dance. Let's dance.
Come on, let's dance. Fuck you.
My, my, my
Whoo!
My my, my Sharona
When you gonna give me some time, Sharona?
My my, my Sharona
My Sharona
Never gonna stop, give it up
Such a dirty mind
Always get it up for the touch of the younger kind
My, my, my
Whoo!
My my, my Sharona
Right here! Right here!
Never gonna stop, give it up
Such a dirty mind
Always get it up for the touch of the younger kind
My, my, my, my Whoo!
I dare you, Kenny! I dare you!
Kenny! Kenny!
He's awake.
Betty Anne.
He won't let go of my hand.
You keep waking him up because you keep checking on him.
You gotta calm down. Babe.
I don't want to turn out like my mother.
Oh, baby.
Oh, shit. Quiet.
Hello?
Oh, no.
Benjamin Davenport, beloved father,
grandfather and great-grandfather,
was a hard-working man who always put his family first.
Devoted to his wife, Eliza, until the day she died,
his daughter, Elizabeth, and all his grandchildren.
When times were roughest,
Benjamin made sure there was food on the table.
Can I help you, Officer?
Excuse me, Father.
Kenneth Waters, you're under arrest.
What? What?
We need you to come with us.
Can't it wait? Show some respect! It's my grandfather's funeral.
Now, Mr. Waters.
Please, can't it just wait until after the funeral?
All right, okay. I'm coming. Just take care of Mandy.
Okay.
Okay, I'm coming. I'm coming, all right?
Please, can't this wait?
What's this for?
Just until after the funeral.
Come on, guys. Give me a break over here.
What is this for? A goddamn parking ticket?
What the fuck?
Kenneth Waters, you're under arrest
for the murder of Katharina Brow.
Are you out of your fucking mind?
You let me off two years ago!
We got you now.
Look, these lawyers want 25,000 up front.
25 grand?
If I had 25 grand, I'd buy a fucking yacht.
This is a joke. They got nothing on me!
They arrested you for murder.
They must think they have something.
No. The police are fucking with me.
A public defender will be fine.
Hey, come on, you're gonna get wrinkles.
Cops are drawn to me like bees to honey, you know that.
I have a gift.
Yeah, some gift.
Hey, don't worry. They got nothing.
It's gonna be okay.
He had a scratch on his face.
On the morning of February 21, 1980,
he came home with a scratch on his face?
Yes. Right here.
For the record, you're showing them
just below the eye to just below your lip?
Right
Did you have an argument with Mr. Waters in July, 1980,
five months after the murder?
Yeah, he tried throwing me out a second-floor window.
And at some point during the argument, did he say something to you?
I asked him if he killed that Woman.
He said, "Yeah, what's it to you?"
Ms. Marsh, can you please tell the jury,
why did you wait more than two years to tell the police
that Kenny said he had killed Mrs. Brow?
I was afraid of him. I thought he'd kill me, too.
What is she doing to him?
I show you, Ms. Marsh, what's marked as Exhibit number 64,
and I would ask if you could identify that.
It's the same knife Kenny carried.
And when Kenneth Waters was brought in as a suspect,
did he have an alibi for the period between midnight and 9:00 a.m.
On February 21 st?
He claimed that he was working as a cook at the Park Diner.
And what did you discover when you checked out his alibi?
We confirmed that he was at work until 5:00 a.m.,
but beyond that, there were no witnesses who saw when he left.
His time cards were never found.
The head and chest were struck with a ceramic lamp and a metal toaster,
and there were 30 stab wounds. Six to the head and neck,
three to the back, one to the abdomen and 14 to the chest.
Five of them penetrated to the heart,
and one time it went through the front and almost came out the back.
There was an enormous amount of blood, mostly from the victim,
but some from the perpetrator.
And what, if anything, did you determine
With respect to the blood of Katharina Brow?
Katharina Brow would be identified as blood group B.
And with respect to Exhibits SSA through F,
did you examine those items from the murder scene
and determine the blood group present on each?
Yes. The blood on each of those items was from blood group O.
And did you have occasion to test a sample
from the defendant, Kenneth Waters?
Yes. His sample is from blood group O.
And what was your relationship
with Mr. Waters after you met the summer of 1980?
Mmm...
I guess you could say we were lovers for a while, about six months.
On those occasions when you did some drinking with Mr. Waters,
do you recall anything he said to you?
He told me he got picked up for a murder in Ayer
and that they couldn't pin it on him, and he laughed about it.
Sometime after the summer of 1980,
did you have another conversation with Mr. Waters about this murder?
YES.
Um...
He told me he stabbed her and he took her money and jewelry.
Did he tell you anything else?
He called her an old German bitch, a fucking old German bitch.
After Kenneth Waters supposedly told you, "I killed her,"
did you terminate seeing him?
No. So you believed him to be a murderer,
but you continued to be romantically involved?
Yeah. Until he bashed my teeth in.
You have nine children by seven different fathers, is that correct?
Objection!
Sustained.
Didn't the state, in fact, declare you an unfit mother
and take your children away from you?
Objection! Irrelevant.
Sustained. Watch yourself, Ms. Fahey.
Wasn't Kenny sent to training school
for breaking into K. Brow's home?
No! That wasn't... And didn't your son
regularly break into houses in the neighborhood?
I never condoned that type of behavior from my children...
Just answer the question, please.
Yes.
I hope our place is as nice.
I'm not gonna live in no trailer.
I'm gonna have a mansion with 100 rooms.
And 10 refrigerators filled with candy.
And our own private lake.
Lake Betty Anne and Kenny.
Lake Kenny and Betty Anne.
I Said it first.
Well, I'm older.
No, stop it!
Where's my candy?
Calm down, Mrs. Brow. We'll take care of it.
Lee, around back.
Open up in there. Police.
Where do you think you're going? Come here.
Go, go, go, go.
God damn it! What did I tell you kids about trespassing?
Kenny, get over here. Stand right there. Betty Anne, come on. Ow!
Come here, Betty Anne, come here.
Get over here.
Hey, fat ass, your mother's a dirty whore.
Come here. Ow!
You don't touch my sister. Don't you touch my sister.
Don't touch her.
Take him to the ground.
Get down.
Kenny!
Go, run. Run, Betty Anne. Run!
We were just kids.
We'd play in people's houses and pretend we had a normal life.
I don't know what you're talking about.
You had a perfectly normal life.
Yeah. Eight foster homes. Perfectly normal.
There, baby.
The only reason they took you away from me
is because l worked too much.
I had no life except for you kids.
We know, Mother. You were practically a nun.
But Kenny, he'd be like a wild animal.
I'm not saying he was born bad, but he had that temper.
I was always afraid he might kill somebody.
Don't you ever say that to me or anyone else!
Don't you even think it, you understand me?
I mean, what kind of mother would say something like that?
They're my babies! They can't do this!
They bloody well can.
Why do they have to separate them?
Why can't they go to one foster home?
Shh!
I hate to split them up.
Okay, Kenny. Come with me.
Where you raking mm?
You are gonna come with me, honey.
No, I don't want to.
Come on, fellow, now.
Stop! No! Let go of him!
Betty, stop, stop. Let him go. You gotta let him go.
- Please, no! - Don't take my brother!
Betty Anne! We have to stay together!
Kenny, stop!
Will the defendant please rise?
On indictment 82-4115,
this indictment charging Kenneth Waters with murder,
what say you, Madam Foreman?
Is the defendant guilty or not guilty?
We find the defendant guilty, Your Honor.
Guilty of what?
Murder in the first degree.
82-4116,
this indictment charging Kenneth Waters with armed robbery.
What say you, Madam Foreman?
Is the defendant guilty or not guilty?
We find the defendant guilty.
We'll appeal it, Kenny!
We'll get you out!
We'll get you out, Kenny!
You hear me?
I'm sorry, baby.
Honey, I want to go see him. Can I go see him?
You can't.
And if you keep acting like that,
we're gonna take your ass to the hole.
I want my fucking phone call now.
You will obey the rules in this facility.
I want my fucking phone call.
You about that close, motherfucker!
Settle down! I said you gotta settle down!
You want some of this shit?
Fuck you!
Fuck you! Fuck!
Get down! You fucking cocksuckers.
That's all you got, you fuckers.
Did you tell Mr. Peters it was urgent?
I haven't heard from Kenny in two weeks.
Not in your mouth, buddy.
He's called me every Sunday for the past three years.
Something's happened.
Ow! Shit!
Son of a...
Just find my brother.
Damn it, where is he?
Somethings wrong, I know it.
We should have heard from Kenny by now.
You gotta make peace with this.
Make peace?
We got a family here. This is us now.
Babe, Kenny's in prison for the rest of his life. Accept it.
I will never accept it.
Hello. It's Harvey Peters.
Finally. I haven't heard from Kenny since we lost the appeal.
Everything's okay now. You got nothing to worry about.
What do you mean? What happened?
Your brother's in isolation, so no calls...
Why is he in isolation?
He tried to kill himself
What?
Kiddo.
How are you?
How could you do this?
What, this?
You'd be better off.
God damn it, Kenny. Promise me you'll never do this again.
There's nothing left. It's over.
There's still the Supreme Court.
Supreme Court?
The Supreme Court ain't gonna fucking hear this case. I'm fucked.
I was fucked right from the start.
You can't give up.
We'll find somebody else. I'll take out a loan.
We'll get a top lawyer this time.
Hey, when are you gonna get it, Betty Anne? There is no one else.
There's not a lawyer on earth to give a fuck about me.
There has to be. You're innocent.
Are you sure about that?
How could you ask me that? How could you ask me that?
Doesn't matter whether I killed Mrs. Brow or not.
I'm a piece of shit, aren't I?
I'm no good to anybody.
What about your daughter?
What daughter?
She's being poisoned against me. I'm never gonna see her again.
That is not true.
I gotta go. I'm doing Mandy a favor.
She's the one good thing I ever did in my piece of shit life
and I got nothing to give her.
Please, Kenny, Wall.
You promise me you'll never hurt yourself again.
Promise me.
I can't spend the rest of my life in here.
Kenny, wait.
What's this?
I thought maybe I could get a degree, finally.
Why?
I just thought, maybe... I don't know.
Maybe I could eventually apply to law school.
You're not doing this. You're not doing this.
I could go part time, I Could Still...
Enough.
So, this is what I'm gonna do and... Don't laugh, all right?
I'm gonna start by trying to get a BA
after I finally take the stupid GED test,
and after that, if I even get that far,
and there's no guarantee I'll even get in,
I'll apply to law school.
But it is gonna take along time, Kenny, a really long time,
and, I mean, I might be 80 years old
before I finally become a lawyer,
and even then, I still don't know if I'm gonna find the answers.
But you just have to promise me,
you just have to,
that you will never try to Kill yourself ever again,
'cause if you do...
Just don't.
Okay.
May it please the court, my name is Betty Anne Waters
and the issue today is whether my client...
The issue is whether Ms. Cooper...
No, the issue is whether... Shit.
Start again, Ms. Waters. And breathe.
Right, breathe.
JESUS.
What are you doing, Ben?
You guys okay?
Hey, you got them, didn't you?
Oh, shit.
Did you forget?
You forgot the fishing trip?
No, of course not. I just...
I just didn't remember it was this weekend.
Guys, I'm so sorry, I can't go.
I have to argue a brief in front of real judges and lawyers.
You promised.
I know, honey. We'll go another weekend, okay?
When? When Uncle Kenny gets out of jail?
Richard.
Honey, I'm sorry.
I know.
I found this book in the library.
It says that women hardly ever shoot themselves when they commit suicide.
So Romeo Collad's screwing Mrs. Brow, right?
His wife puts a bullet in her head. You follow?
Yeah.
What if we can prove he shot her?
How we gonna do that?
I don't know, we'll investigate.
And then they'd take him more seriously as a suspect in the Brow case...
But Romeo Collad's dead, so...
So... So, what?
It could still be enough to re-open the case.
We just gotta find a precedent. Ask your Evidence teacher.
I really can't right now. I got a ton of work and...
What's going on?
Tell me. It's nothing. I'm fine.
Is something going on with the boys? No.
Look, I'm... Just forget it!
Did they strip Search you?
No.
Betty, it's me. Now, come on, stop.
I'm on probation at school.
Probation? What do you mean? I'm the one in jail.
What are you talking about? What does that mean?
It means that if I don't improve, I'm out,
But you're doing... You're doing so... You're doing great.
No, I'm not. I've had late papers and I flunked my Torts exam.
They can't do that to you.
You're the smartest person in the whole goddamn school.
Fuck that! I'm gonna write a letter to those scumbag teachers...
Yeah, and make sure you call them scumbags in the letter.
Fuck them! You should at least get extra credit
for working on a real fucking case.
They don't care about that.
Look, don't worry about this, okay?
I'm gonna take care of it.
Okay?
Okay, okay. Hey, don't cry, honey.
You're worth a thousand of them preppy shitheads.
Don't cry, okay?
I know, I'm sorry.
No touching.
- Hi. - Hi.
You guys have a nice weekend?
- Yeah. - Yeah?
Get any homework done? A little.
- Yeah. - Yeah?
Okay, what's going on?
Hmm?
Come on, talk. What happened?
We were thinking, you know, since you've been so busy and all...
We were thinking that maybe we wanna live with Dad.
That son of a bitch! He put you up to this?
No.
Did he?
No.
I need a guy around, you know? For guy things.
You feel the same way?
Kind Of.
Call me, okay? Lei me know how you do on your math test.
Okay. I love you.
And you, you don't forget to set your alarm.
If you're late for English again... I know, Mom, I know.
Watch your head. Come here.
All right,slop, Mom. Stop!
I love you. I love you so much. I love you, too, Mom.
Okay.
I'll see you Friday. We'll go to the movies.
Bye, bye.
Samson. Here.
Shaw. Here.
Stevens. Taylor.
Present.
Thomassen. Yeah.
Vaughn. Here.
Waters. Waters? Betty Anne Waters?
Come on, up.
I'm unfit. Just like my mother.
Will you knock it Off? That is not true.
But I'll tell you what. If you keep missing classes, you will fail.
I've already failed. I lost my boys.
Betty, you didn't lose them.
I wasn't there for them. I wasn't.
I can't help Kenny.
Especially if you get kicked Out Of law School.
There's your underwear, there's your jeans,
that's clean. Come on, get dressed.
I can't. I can't.
Just come to school today. Start there.
Life's swell here at the Hilton, food's fucking fantastic,
just like Ma used to make.
Can you send me more white socks?
I love you and I miss you very much.
I, Kenneth Waters, being of sound mind,
leave all my worldly possessions
to my sister, Betty Anne Waters.
Also, most important, I'm giving her full authority on any decisions
concerning my daughter Mandy Marsh's well-being.
So, two of us will be defense attorneys,
two will be the prosecutors.
Thanks for dropping by, Waters.
Nice ironing job.
And then we need a defendant, and a paralegal.
I nominate Betty Anne to be the defendant.
What's my alleged crime?
Uh... Rape.
Oh. Gee, thanks. What case did they assign us?
You'd know that if you actually came to class.
Shut the fuck up.
Sewell v. State, 1992.
Sewell had already served 10 years in prison for rape,
and then he sued the state for the right to DNA test the rape kit.
DNA test?
Yeah, the semen in the rape kit wasn't his. The DNA didn't match.
And he won?
YES.
Yeah, look. "Advances in technology may yield protection for exculpation
"where none previously existed."
All right, so who wants to be the paralegal?
Abra.
It's the blood. This is the key.
What? There was so much blood.
Look, I'm gonna get Kenny out.
There were no DNA tests then.
They only knew that the murderer was type O and so is Kenny.
But now, if we can DNA test the murderers blood and Kenny's,
it'll prove Kenny's innocent, just like in the rape case.
Berry.
I'm sorry, Don.
There are 49 other cases like this.
Wait. How do you know the blood evidence still exists?
'Cause we're gonna find it.
And Barry Scheck is gonna help.
Here, look.
Oh, I see. Barry Scheck.
This is what he does. Look, he has this Innocence Project in New York.
And you're just gonna call him up and he's gonna take your case?
Yes!
Are we both gonna sleep with him or just you?
Abra, God. Look.
Dear Mr. Scheck, I would greatly appreciate any assistance
you and the Innocence Project can provide
in helping me free my brother, Kenny,
From a life-without-parole sentence.
In 1983, Kenny was convicted in Massachusetts of first-degree murder
with extreme atrocity and armed robbery.
I have done everything in my power for the last 16 years
to prepare myself to prove my brother's innocence.
You good?
I can't find it. I can't find my ID.
- You checked your whole wallet? - Twice!
You can't take the Bar exam without ID.
Abra Rice.
Rice.
- Thank you. - Next.
I'm sorry, I can't find my ID. Just one second.
Look what I found in my...
There. You bitch.
it's funny. I can't believe you did that.
Waters. You almost gave me a heart attack.
She's very old and she can't remember a single thing.
Mr. Scheck,
the day that my brother was unjustly convicted of this crime,
changed not only his life, but mine.
Dear Ms. Waters, I've enclosed an application for your brother Kenny
to complete and return to our office.
I must stress that we only accept cases
whefe DNA evidence can exonerate the accused.
It will be vital for us to determine if any such evidence still exists.
Without DNA evidence, it will be impossible for us to proceed.
The Innocence Project has a backlog of several hundred cases,
so I must caution that it will be at least 18 months
before we can begin to evaluate your brother's case.
It however, you pass the Bar exam and become your brother's attorney,
you yourself can begin looking for the DNA evidence immediately.
If you manage to find ft,
Mr. Scheck may agree to act as consulting attorney,
in which case we can work together
towards exonerating your brother.
Mom?
I'm in the kitchen.
Damn thing's still frozen.
Thin's good, right? Didn't you say that?
Open it. Are you sure?
Don't look at it. Just hold it up for me to read.
Don't look!
I'm not.
Thank you, God.
Did you hear what I said?
Kenny?
Yeahs We did its We did in
My baby sister!
Muddy, would you please sit down?
My baby sister did it! My baby sister just passed the Bar.
Yeah, yeah. I understand, but you have to sit down.
Waters, have a seat.
You have to take a seat, now!
Right, okay. I'm gonna take a seat.
Sit down. No, come on.
Gel the hell off of me! What the hell is wrong with you?
Sit down! Sit down.
Okay.
I'm cool. I'm all right.
Okay, okay.
So proud of you.
I'm proud of you.
Ayer police.
Hi. I'm an attorney, and I'm calling regarding evidence from a 1983 case.
Your flame, please?
Um...
Abra Rice.
If they realize I'm one of the Waters kids,
God knows what they'd do to the evidence. You know?
I just don't trust them.
You could have used your married name.
Yeah, but then when I want to be me,
I won't be able to 'cause I was someone else.
I want to be me when I need to be me.
So to solve this problem, you decided to be me?
Just this once.
Nice. Yeah, l love those shoes.
But from this point on...
You need me to be me.
Right.
Okay. So what did the Ayer Police tell me, again?
They don't have the evidence there anymore.
It's at the courthouse where we had Kenny's trial.
That's where I need you to call on Monday.
On Monday. Okay.
I understand if you can't help.
I mean, I don't wanna do anything to jeopardize your new job.
I mean, this is my cause, not yours.
It's my cause, too.
Okay. Does this make me look like Barbara Bush?
A little.
Yeah.
I don't deserve a friend like you.
You're damn right you don't.
That's right. Waters. 1983.
Okay, well, isn't it possible that it's still In...
What? What are they saying?
Do you have an actual date when that would have happened?
What happened?
Okay. Thank you.
What? What did they say? What did they say?
Abra.
Berry, they destroyed it.
What?
According to Massachusetts law,
they destroy evidence after 10 years,
and Kenny's evidence was destroyed in April, 1993.
That is not possible.
I did come this far, after all this time...
I'm sorry. No, wait
It has to be there. No. It has to be there. it's his only chance.
Look, we're gonna make them look for it.
Honey, there's nothing to look for.
We're gonna make them look for it. Sorry.
We're gonna make them look for it.
I understand what your records...
I know, but I was hoping that
by some chance, the sample might have been left at your lab.
But the woman I spoke to last week said she would look.
Alice O'Malley.
Okay, well, is Kathleen Higgins still working there?
She testified at the original trial.
Linda Clarke.
And she checked every single box in that basement?
Ask for the supervisor.
Can I speak to your supervisor, please?
Okay. Well, thanks for looking.
Mrs. Halloran? Hi, this is Abra Rice again.
I'm sure Ms. Clarke searched thoroughly.
Yeah, if you yourself could look.
Yeah.
What?
No, I didn't realize you already...
Yeah. Okay, thanks.
Your mother's not in the best mood.
Something happen?
Okay. Start eating.
Here, baby. Abra?
What's wrong, Ma?
Nothing.
Come on, start eating your food, it's gonna get cold.
So, how's your fathers new girlfriend?
What is She, 14? 15?
You tell them. They have a right to know.
What? What?
It's just a setback.
Berry.
What am I gonna do, Abra? Give up? Is that what you're saying?
It's gone. They looked?
Can't they look again? They did.
Mistakes happen.
Obviously, or Kenny wouldn't be in prison.
Berry, they destroyed it.
No.
That evidence exists somewhere and I'm gonna find it.
Okay. Let's say you do find it.
What if the DNA matches Kenny's?
Get out. Get the hell out of my house right now!
No, you gotta hear this.
Even if you're the most amazing fighter,
the most brilliant lawyer in the world,
there are forces greater than you and you may not win!
You think I haven't thought of that?
No. You haven't.
Just go.
Sorry, boys.
It's just a setback.
Eat your food. Come on.
Good morning.
Can I help you? Yeah.
I'm an attorney, Abra Rice,
and I'm trying to locate evidence from the Kenneth Waters trial.
Yeah, we spoke on the phone.
Did you check with the courthouse?
Yeah, and they can't locate it.
Yeah, well, like I said, they probably destroyed it by now.
I mean, it's been, like, what...
Betty Anne Waters?
You know, I'm sorry, I don't....
Lieutenant Daniels.
I knew your brother Kenny.
I was a rookie here when...
You're his sister?
But I am an attorney, and he is my client.
Holy shit!
My sister won't even send me a birthday card!
I was just telling Ms. Waters that we don't have any evidence here.
Here? From back then?
That's a lot of years.
Would you mind looking?
You're really his lawyer, huh?
Yeah.
That's it for the old evidence.
And there's nowhere else?
That's it, just supplies.
Working hard for your brother. I wish I had better news for you.
How's Kenny holding up?
Not so great.
I remember that case.
Funny guy, that Kenny. I gotta tell ya,
even with what he did... He didn't do it.
I liked Kenny. We all liked him.
Nancy Taylor didn't.
Yeah, well, Nancy Taylor doesn't work here anymore.
Why new
She got herself into a little hot water.
Groton Police Department. Chief O'Connell's office.
No. He's not available right now, sir.
I gave him your message.
I understand.
I will let him know.
Why aren't you a cop anymore?
I left the force when I got married.
Really? You mean it had nothing to do with you framing another cop?
I beg your pardon?
What was his name? Oh, yeah, Stanley Randall.
He found out that you were dirty,
so you got a waitress from the Rusty Scupper to accuse him of rape.
Is that what they told you over in Ayer?
I'm sure you can imagine what it was like
to be the only woman on that police force. Hmm?
I wasn't dirty, and the rape charge wasn't false.
The truth is, they never got over me solving the Brow murder.
You didn't solve it. You put an innocent man in prison.
I am sorry you have wasted your life on this.
Your brother killed that Woman.
Hi, Don.
Hi, Betty.
Is she sleeping?
She usually is at 5:00 in the morning.
Come on in. I'll get her up.
Thanks.
Baby, sweetheart. Guess who?
I wish we could use this. I mean, she framed a cop, for Chrissakes.
It still doesn't prove she framed Kenny,
I mean, it wouldn't be enough.
Thank you.
No. it's not enough for a new trial.
God, I hate the damn legal system. it's so fucking inconvenient.
I'm sorry I kicked you out of my house.
It's okay. Your mac and cheese sucks.
You were wearing that outfit when you said you were me?
Yeah. Too bad being you didn't get me anywhere.
Uh-huh?
You know, there is one thing we haven't tried yet.
How long will it take you to make yourself look like a lawyer?
Hi. I'm attorney Abra Rice and this is my associate.
I'd like to talk to Mrs. Halloran.
Do you have an appointment?
It's a pressing legal matter. Mrs. Halloran's aware of it.
I'm Mrs. Halloran.
Hello. I'm Abra Rice, we spoke earlier.
Yes, but as I told you on the phone...
I'm Betty Anne Waters.
And the evidence in question is from my brother's trial.
Well, we can?™t just have family members...
I'm also his attorney, and I became an attorney just to help him.
I understand that you looked, but if you could please just look one more time.
If we did this for every person who came in here...
We don't have the Staff.
Look, I don't know what else to do but beg.
I'm asking for a favor,
a favor from a complete stranger, but, please.
You're talking about evidence that's 16 years old.
Our record shows it was destroyed.
Is it possible that the record could be wrong?
That's highly unlikely.
But possible.
Are those you r g rand kids?
Yes. Beautiful.
They look like you.
Oh.
Please.
My brother's innocent. And you're right, it's been 16 years.
And our family really wants him home.
She's there.
Why don't we come back here?
Just set it right there.
Thank you. it's okay,
Here you go.
You're allowed to touch.
14B.
Victim's blood.
Number 29?
Victim.
Exhibit es, A through F.
Perpetrator.
Good job, Counselor.
I'll need to file a Motion to Preserve the Evidence.
Well, that office is closed now,
but I'll file it for you in the morning.
I'll get you the paperwork.
You're gonna... You're just gonna leave the box out on the table?
It'll be fine.
My brothers life is in there. Please.
Could I just put a sign on it with my name?
That really isn't necessary. Please.
If anything happens to this...
Well, all right.
Okay. Thank you. Yeah.
Could I borrow some tape?
It's right over there.
Okay. Here you go.
Thank you.
All right.
Okay.
You missed a spot.
He's getting out of here!
Shit.
Hello.
- Is this Betty Anne Waters? - Yes.
This is Barry Scheck.
Oh, my God. Hi.
Hi.
How are you?
Fine, fine! Great!
Congratulations on finding the evidence.
It's extraordinary.
Thank you, but I really didn't do anything.
You mean, besides becoming a lawyer?
No, I mean, you know, we were just lucky that the box was still there.
I hear you beat up an old lady to find it.
No, but that was gonna be my next step.
Kenny thinks he's getting out tomorrow.
I wish.
DAs don't like to admit they put an innocent person in prison.
And this DA, Martha Coakley,
has just gotten elected, so she's really not gonna like it.
How long do you think it's gonna take?
We're gonna have some hoops to go through,
it might be a couple of months.
A couple of months?
It may be less.
But the important thing is, if your brother's innocent...
He is.
Then this is a travesty of justice, and we will get him out.
Thank you, Barry. Thank you. Thank you so much for calling.
No hugging.
I'm his sister!
He's in segregation. And that's the rules.
Let's go.
Thanks, Dad.
What were you thinking? Why wouldn't you just take the test?
It's been a year, Betty Anne. A fucking year.
I don't trust them. I'm not doing it.
What?
I'm not doing it.
Jesus Christ, Kenny, are you out of your mind?
This is it. This is what we've been waiting for!
What, you're not gonna take the fucking test?
Why now, all of a sudden, out of the blue?
Why can't you be in the room when they test me?
They won't allow that. They're not gonna agree to that!
So, I'm supposed to trust a bunch of staties to do it?
This isn't a choice. You have to do this.
It's gonna test positive.
They'll find a way. They're gonna fuck me again.
You'll see.
I'm leaving.
You'll do it, or I'll kill you.
That's your sister and your lawyer talking.
What the hell is going on over there?
Why don't we have the test results yet?
The evidence is still sitting in the crime lab.
Just sitting there?
It takes six months to approve the testing,
five to decide how to test it, and now they're doing nothing?
That's what you're telling me?
Martha Coakley is definitely stonewalling this.
Are we having a famine?
I have teenagers, remember?
Look, do we even know if Kenny's DNA ever made it to the lab?
Or if the crime samples are still there?
It's there.
Have you seen them?
Why aren't you doing anything about this?
We call the DA's office every day, and the crime lab,
the interns have sent, like, 8,000 e-mails.
Interns? Jesus, Barry, this is beyond interns!
It's just gonna take some more time.
Great. You and your interns take your time while Kenny rots in jail.
Fuck. Okay.
You shouldn't take it out on Barry.
You're right.
Are you Dr. McGilvray?
Yes, l am.
Betty Anne Waters.
I need the evidence for my brothers trial sent today.
Excuse me? I'm sorry, I'm don't know who...
The DNA evidence from Kenneth Water's trial..
Why is it just sitting here?
We have procedures to follow...
I'll tell you the procedures. Test the goddamn evidence today
and fedex the result to Ed Blake's lab in California,
How hard is that? Why don't you
leave your name and number with Lois here, and someone will...
So, what is it? Martha Coakley's telling you not to do it?
Excuse me, I have a meeting that I'm late for.
Or is there some promotion you'll get if you kiss her butt?
You can't keep fucking with my brothers life like this!
You have my name and number. I called, many times.
Mom, let's go! We're gonna miss the kickoff!
I'll be right down!
Shit. I forgot my phone!
When's the last time you used it? I don't remember.
Can it. Maybe it'll ring.
- Yeah. You check my desk. - Okay.
Where's it coming from?
The COUCH.
- Holy shit. - What?
He's innocent! What?
Uncle Kenny's innocent! It wasn't his DNA.
"Kenneth Waters is eliminated as the source of the male blood."
RICHARDS Oh, my God.
- You guys... - Oh, my God.
We did it. You... We did it. We did it.
- We did it. We did it. - We...
I love you guys. I love you.
It was all you.
Is this what I think it is?
Yup.
Is this for real?
Yeah. We did it.
You did it. You fucking did it.
When am I getting out?
A few days. A few days?
I can't wait a few days!
There's paperwork, Kenny, you can?™t just walk out of here.
Why not? They know I'm innocent!
Hey. Do you hear that, motherfuckers? Waters.
I'm innocent. Negative DNA test. Waters. Waters.
I'm very happy for you, but take your seat.
Okay. My baby sister's a fucking genius.
You look great. They can still kick your ass.
She's getting me out of here.
Sit down and finish your visit.
So when? What do you think? Monday? Tuesday?
No. I have to hear back from Barry.
As soon as he reaches Martha Coakley and she vacates the conviction.
Well, you tell Miss Martha fucking Coakley
I want a shiny new limousine picking me up, with a fully stocked bar!
You gotta call Mandy for me.
You gotta call her and tell her they know I'm innocent.
I will. As soon as I get out of here, I will.
Tell her I'm getting out.
Tell her I miss her and I wanna see her.
Will you tell her that?
I will.
I love you, Kenny.
I love you.
Mandy, this is your Aunt Betty Anne.
You probably don't remember me,
but I really need to talk to you about your dad.
It's very important. it's nothing bad.
I mean,
it's great. We finally found the evidence that proves he's innocent.
So he wanted me to call you and let you know.
So he thought...
You have zero messages.
Hey, you guys hungry?
I'm gonna throw you a sandwich up. I've got ham and tuna.
Mom, if you throw a sandwich up here, the roof will cave in.
Very funny. I'll remember that when you wanna bring a girl up here.
At least Uncle Kenny'll think it's nice compared to jail.
- (PANTING} Barry? - Hr.
Thank God! I'm going crazy here,
and Kenny's going absolutely insane.
I know. Fm sorry.
Did you reach Martha Coakley?
Yes.
What'd she say? How long is it gonna take?
There 's a problem.
She said...
Thai there was still enough evidence to try you as an accomplice.
So I'm not getting out?
Not now. But...
I'm sorry, Kenny.
It's okay.
I can't do this anymore.
Kenny.
Can't
It's not fair, you know. It's not fair.
I gotta go. Kenny.
I'm gonna kill that fucking bitch! Kenny.
I'm gonna kill her.
Waters. Sit down.
Kenny.
Kenny, Kenny, listen to me.
We can't give up.
We... We have Barry on our side now. No, no, no.
And we will fight her in court.
Hey, you tell Barry forget it, okay.
We're way past that, little Sis.
Take care of your boys. You gotta move on. it's over.
It's not over. It's over, honey.
It's not over. Why? it's over, honey.
Fuck her. I fucking knew it. Motherfucker.
Kenny, sit...
Waters! Motherfucker.
Sit down, or you're out of here!
Hey, man. Haven't you heard? I'm never getting out of here. Never.
I'm here forever, man.
Remain down.
Hey, get out of my face, shithead. Come on, sit down.
I tell you that it's over. You understand?
I said, sit down!
I'm talking to my sister. Move...
Visit's over.
Take your hands off.
Kenny, Kenny... Kenny, don't.
That's not nice... Motherfucker. Kenny!
Motherfucker. I told you to stay out of it.
Kenny!
- Take him down. - Don't.
Motherfucker! Motherfucker!!
Motherfucking bitch! I told you. Don't.
Didn't I fucking tell you?
They made fools out of both of us.
They made fools out of both of us,
- Betty Anne. - Settle down now.
We're fucking chumps.
I told you.
Kenny's in solitary, for Chrissakes!
Why is everyone congratulating me?
You proved he's innocent.
Yeah, well, not to Martha Coakley, I didn't.
We'll fight her.
We are not going back to court.
Kenny will not survive another trial!
And I'll be damned if we have to prove his innocence all over again
just because of that evil bitch.
There won't be atrial if we gather new evidence.
How are we gonna do that?
Think about it.
The DNA doesn't just prove that Kenny's innocent...
It proves all those witnesses were lying.
Rosseanna?
Oh, shit.
Well,
see, what happened was I was threatened, okay?
Who threatened you?
Don't I know you from TV?
Oh, yeah! I know! You're that famous Jew lawyer.
Roseanna, who threatened you?
You know, that fucking cop, Nancy Taylor, had it out for Kenny.
She kidnaps me, right? Her and this Chief of Police.
And they take me to this room, this hotel, against my will.
That ain't legal.
And they get me drunk. You know, am I gonna argue?
And the Chief of Police, he's wanting me to pray with him.
You know? So I get down, I pray,
for forgiveness, forgiveness... Forgiveness for what?
'Cause they fucking lied,
saying they had all this evidence they didn't have,
telling me that I'm gonna be an accessory,
and threatening to take my daughters away.
I was absolutely, totally sick.
I mean, I puked. I mean, you should have seen it.
I never seen pictures like that before in my life.
Oh, my God. This is the part.
Pictures of Mrs. Brow?
...just happened.
He's your husband's best friend.
Yeah, the pictures.
You know, the fucking pictures.
You know, you've seen them.
She had stab wounds all over her body,
and her brains are coming out and everything.
And I just went...
You know, I went hysterical. I was hysterical.
And I broke down and, you know,
they were talking at me, like,
"You want this to happen to you?"
You know, "You want a fucking murderer walking out on the street?
"It could happen to anybody.
"Your mother, your kids, you. " You, meaning me.
So Nancy Taylor said that Kenny could murder you or your mother or your girls?
Yeah, she fucking did. That's exactly right.
Excuse my French.
I mean, there was a lot of thing that wasn't quite right in Denmark.
And I was trying to put it together, I just...
I mean, I was telling them.
I was, like, I was fucking plastered at the time.
I don't remember what Kenny said.
And you'll sign this affidavit once we're done?
I can't live like this any longer.
Betty Anne, I'm sorry.
I know I put your brother in there. I know I did, I did.
I'm sorry.
But I was up against a wall, you know, I was railroad.
I told them Kenny is innocent.
You know?
Nancy Taylor, she fucking...
She says, "Once I get my lead, I never let it go."
So, I just need to know, you'll sign this affidavit, then?
Yeah.
So, after we leave here, we'll just...
You can come with us, we'll just quickly get it notarized.
Oh.
What about perjury, then?
What about perjury?
Yeah. If I sign this,
then everybody's gonna know I lied before.
What's the statute of limitations?
I didn't know she could say so many syllables.
I'd like to knock out the rest of her teeth.
Taste in women was not one of your brother's strong points.
Mandy? Yeah.
I'm your Aunt Betty Anne.
You r father's sister.
What do you want?
Did you get my messages?
I... I gotta go.
I really need to talk to your mother.
She's not home.
Please, your father's innocent.
My father's a murderer.
No. The DNA test proved he's not.
Wait. Did she give you his letters?
He wrote to you every week!
On
He's innocent!
Ma, are the pancakes almost ready?
Hey, guys.
Anybody up for a drive?
Any pancakes left back there?
Oh. You wanted some?
Richard! Give me One.
Forget it, you lose! Hey!
Immature. Immature.
Hey, come on. Come on.
You're gonna make me crash. Here.
One pancake.
Okay.
You guys gonna tell your father this is how I made you spend Christmas?
Your secret's safe with us,
Besides, we're willing accomplices.
You guys would do this for each other, right?
If Ben tried to go to law school for me, I'd die an old man in prison.
Don't worry about it, I Wouldn't do it.
You wouldn't?
I mean, I'd want to help and all,
but I don't think I could give up what I really wanted to do.
Which is what? Sleep till noon and hang out at the mall?
Shut up. What, you'd do it for me?
Yeah. I would.
You'd sacrifice your whole life for me?
When you put it like that...
Forget n.
You think I sacrificed my whole life?
It's okay. Come on. Hey, give me the gift.
Come on, let's go.
Merry Christmas. Mandy, these are your cousins.
Thanks, but this isn't a good time right now.
I'm sorry. Merry Christmas.
Okay, here. Sorry, I can't take that.
Come on.
The boys got you a video.
God knows long it'll take to approve it.
Do you remember the year they wouldn't let me give you Babe?
Hey, here we go.
Happy New Year.
We're getting close, everyone!
Nine, eight, seven, six, five, four...
..."three, two, one...
I'm working.
Please.
l have this memory
where I'm sitting on the kitchen floor and I'm like
three or four years old,
and my mom and aunt are talking about Daddy's shirt being covered with blood.
I couldn't figure it out. You know, I just
didn't understand why Daddy's shirt was covered in blood.
It wasn't..
She lied?
The DNA proves she did.
Why would she lie like that?
I don't know, honey, but that's what we need to ask her.
Did he really write me every week?
For 18 years.
Even when you were just a baby.
Is he getting out of jail?
They're not gonna let him out without new evidence.
Why new
Because people don't like to admit when they've made a mistake.
We need a statement from your mother.
I can't control what she does.
Yeah, I know. Either could Kenny.
You know,
if Massachusetts had the death penalty,
your father would be dead by now.
He made that for you.
He's had that on the wall of his cell this whole time.
After me and Kenny split up, I had this boyfriend,
Robert.
And he says that we could get money from the cops if we rat on Kenny.
So he goes to Nancy Taylor and says that
I told him that Kenny confessed to Mrs. Brow's murder.
Nancy Taylor tells Robert he can fuck himself.
And she hauls me in,
brings me to this hotel,
makes me look at all these gross pictures.
And she says
that they can prove I was an accessory,
And that they'll take Mandy away.
Hi. Do you guys have a printer I can use?
Can you guarantee I won't go to jail if I sign this?
No. l can't.
Sign it, Ma.
Martha Coakley, please.
No. I have Barry Scheck calling and it's urgent.
Ms. Coakley?
Betty Anne Waters.
Look, Barry's tied up right now,
but he wanted me to let you know
that Brenda Marsh, your key witness in the Kenneth Waters case,
has just recanted her original testimony.
And we just faxed the affidavit,
and so you should be getting it shortly.
Hang on, here's Barry now.
Martha! Yeah. That's something about Brenda Marsh, isn't it?
Oh, really?
Listen, I just wanted to give you a heads up
while you're deciding whether or not to vacate Kenny's conviction,
the folks over at the Boston Globe and the New York Times,
they just love this story.
No. They're all over it.
Yeah, the phone's been ringing. Yeah.
Great. All right Okay, bye-bye.
Are all sides in agreement to vacate the conviction?
Yes, Your Honor. Yes, Your Honor.
Kenneth Waters, you're free to go.
That's it? That's it.
Hey, those 18 years, man, they're gone.
Right now, I'm...
How could you possibly thank your sister
for what she's done for you?
I don't know. How would you thank her? it's a good question.
Betty, you have any big cases lined up after this?
No, no, no. I never really planned on practicing law, so...
Is this for us? This is for you.
We chipped in.
Hey. Kenny, Kenny, Kenny.
Hey.
What? Look who's here.
Where?
it's Mandy.
That's Mandy? Yeah.
Go talk to her.
Just two seconds, guys.
Hi.
You're so beautiful.
I'm sorry, I can?™t just...
My whole life, I thought...
Not your whole life.
What my mother did to you...
I'm so sorry. I'm so sorry.
That's not your fault.
That's not your fault, honey.
Oh, come on, let's get out of here. Come on.
Lake Betty Anne and Kenny.
Lake Kenny and Betty Anne.
Even if it had taken you another 20 years or so,
I would've been okay.
Another 20 years?
Jesus. I would've lost my mind!
No, I mean, you know...
Knowing you were out here,
working so hard for me,
knowing that you loved me that much.
What goes on inside your head
Walking slowly towards the night
There's nothing wrong with me you say
You kept me spellbound by the hour
And f fry
I tried with all my might
And I try
I tried with all my might
Did I let you down?
Did you want too much?
Did he steal your heart when you felt his touch?
Did I let you down?
Did you want too much?
Did he steal your heart when you felt his touch?
Saw you again the other day
Walking fast into the night
There's nothing wrong with me you say
I think I just saw the lie
And I try
I tried with all my might
And I try
I tried with all my might
Did I let you down?
Did you want too much?
Did he steal your heart when you felt his touch?
Did I let you down?
Did you want too much?
Did he steal your heart when you felt his touch?
Well, I've been
bad before
And I know the feeling well
They're always there
I can sense you
There's always a heaven
where there's a hell
Oh, did I fer you down?
Did you want too much?
Did he steal your heart when you felt his touch?
Did I let you down?
Did you want too much?
Did he steal your heart when you felt his touch?
Did I let you down?
Did you want too much?
Did he steal your heart when you felt his touch?
Did I let you down?
Did you want too much?
Did he steal your heart when you felt his touch?
Did I let you down?
Did you want too much?
Did he steal your heart when you felt his touch?
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