All language subtitles for A Crime to Remember s04e04 Paradise Lost.eng

[ STEEL GUITAR PLAYING ]

Woman: IF YOU ONLY EVER SAW
HAWAII ON THE POSTCARD,

YOU'D PROBABLY THINK

IT WAS A MAGICAL PLACE
WITH HULA GIRLS,

PIG ROASTS,
AND HIBISCUS FLOWERS,

A PLACE UNLIKE ANY OTHER.

BUT THERE'S NOTHING EXOTIC
ABOUT CLOCKING IN

FOR YOUR SHIFT EVERY DAY.

FOR US, HONOLULU WAS AS BORING
AS ANY SMALL TOWN.

[ LAUGHTER ]

[ EVIL LAUGHTER ]

[ BREATHING HEAVILY ]

AND THEN, THAT NIGHT,
EVERYTHING WENT HAYWIRE.

PLEASE HELP ME, PLEASE!

**

**

-- Captions by VITAC --
www.vitac.com

CAPTIONS PAID FOR BY
DISCOVERY COMMUNICATIONS

IN 1931, HAWAII WASN'T
EVEN A STATE YET.

SO IF YOU WANT TO
UNDERSTAND THIS PLACE,

THERE'S A FEW THINGS
YOU NEED TO KNOW.

FIRST OF ALL, HAWAII USED
TO BE ITS OWN KINGDOM.

OVER THE YEARS,
PEOPLE FROM ALL OVER

THE PACIFIC CAME HERE --

CHINESE, JAPANESE,
FILIPINO IMMIGRANTS.

WE LIVED ALONGSIDE
THE NATIVE HAWAIIANS.

AND WE ALL JUST CALLED
EACH OTHER "LOCALS."

WE ALSO SHARED THE ISLANDS

WITH THE U.S. NAVY
AND THEIR FAMILIES.

WHEN HAWAII BECAME A TERRITORY,
THE NAVY BASICALLY RAN THE SHOW.

THEY WERE MOSTLY
WHITE AMERICANS.

AND WE CALLED THEM HAOLES.

AND THEN, SOMETHING TERRIBLE
HAPPENED TO ONE OF THEM.

ARE YOU OKAY?

PLEASE JUST TAKE ME HOME!

[ WATER DRIPPING ]

Rosa:
HER NAME IS THALIA MASSIE.

SHE HAS BRUISES ON HER FACE.

Metaxas:
SHE'S BEEN PHYSICALLY BEATEN.

Man: THALIA!

THALIA!

Man:
SHE'S THE 20-YEAR-OLD WIFE

OF A NAVAL OFFICER
STATIONED AT,

UH, PEARL HARBOR,
THOMAS MASSIE,

WHO WORKS ON A SUBMARINE.

WE FINISHED THE GOOD STUFF.

JEEZ.

YOU SCARED ME.

WHERE'D YOU GO, HUH?

[ LIQUOR POURING ]

THALIA?

WHAT'S GOIN' ON?

HEY.

DID SOMEBODY HURT YOU?

[ CRYING ]

HEY. HEY, HEY, HEY.

HEY.

[ SOBBING ]

HEY.

WHAT HAPPENED?
YOU CAN TELL ME.

[ SOBBING ]

HAWAIIAN MEN...

THEY HURT ME.

DID -- DID THEY...

[ CRYING ]

Rosa: THALIA TELLS HER HUSBAND
THAT SHE'S BEEN ATTACKED

AND RAPED
BY A GROUP OF HAWAIIANS,

FOUR OR FIVE, SHE THINKS.

WHY DID YOU LEAVE
BY YOURSELF, HUH?

WHEN TOMMY MASSIE HEARS
WHAT HAS HAPPENED TO THALIA...

IT'S ALL MY FAULT.

HE IS IN A STATE OF SHOCK.

I SHOULDN'T HAVE
LET YOU GO.

-[ SNIFFLES ]
-I'M GONNA TAKE CARE OF THIS.

-WHAT ARE YOU GONNA DO?
-DAMN IT!

WHAT ARE YOU GONNA DO?

-CALLIN' THE POLICE.
-NO!

YES, I'D LIKE
TO REPORT AN ASSAULT.

NO, DON'T DO THAT!

PEOPLE WILL FIND OUT!

Woman: MR. AND MRS. MASSIE
CAME FROM DIFFERENT STOCK.

SO THEY OFTEN DIDN'T
SEE EYE TO EYE

WHEN IT CAME TO MAKING
THEIR PRIVATE LIVES PUBLIC.

THALIA MASSIE CAME
FROM A PROMINENT FAMILY

ON THE EAST COAST.

SHE'S RELATED TO
ALEXANDER GRAHAM BELL

ON HER MOTHER'S SIDE

AND THEODORE ROOSEVELT
ON HER FATHER'S SIDE.

Woman: MRS. MASSIE USED TO SAY
THAT YOUR NAME

SHOULD ONLY BE
IN THE PAPER THREE TIMES --

WHEN YOU'RE BORN,
WHEN YOU GET MARRIED,

AND WHEN YOU DIE.

THIS WAS THE LAST THING
SHE WOULD HAVE WANTED.

I'M TRULY SORRY
TO ASK THIS OF YOU, MRS. MASSIE,

BUT CAN YOU PLEASE TAKE US
THROUGH THE EVENING?

IT HURTS TO TALK.

TO BEGIN, IT WAS NAVY NIGHT

AT THE ALA WAI INN.

[ DOOR SQUEAKS,
INDISTINCT CONVERSATIONS ]

Rosa: THE ALA WAI INN WAS
A WELL-KNOWN SPEAKEASY.

EARLIER THAT EVENING, THALIA
IS THERE WITH HER HUSBAND.

SHE WAS BORED,
SO SHE LEAVES THE PARTY.

**

AND WHAT TIME
WOULD YOU SAY YOU LEFT?

UH, IT MUST HAVE BEEN A LITTLE
AFTER MIDNIGHT, I THINK.

I TOOK JOHN ENA ROAD.
I WALKED PAST THE, UM,

JAPANESE BARBERSHOP.

YOU WOULD HAVE PASSED
THROUGH WAIKIKI PARK.

DO YOU REMEMBER IF YOU HEARD
ANY MUSIC STILL PLAYING?

NO, THERE WAS NO -- THERE WAS
NO MUSIC WHEN I WALKED...

Rosa:
A DANCE HALL, WAIKIKI PARK,

IS SUPPOSED TO CLOSE
BY MIDNIGHT.

BY THE TIME THALIA MASSIE
WALKS PAST,

IT'S RATHER QUIET THERE.

I WAS JUST WALKING,
AND A CAR DRIVES UP.

AND THERE ARE A GROUP
OF HAWAIIAN MEN INSIDE.

Rosa: SHE WAS DRAGGED
INTO A CAR,

PUNCHED IN THE FACE,
AND TAKEN TO A REMOTE LOCATION.

THEY DRAGGED ME...
INTO THE BUSHES.

UM...THEY TOOK TURNS
ASSAULTING ME.

YOU MEAN RAPING YOU.

DO YOU HAVE TO SAY IT
LIKE THAT?

WERE YOU ABLE
TO SEE THE LICENSE PLATE?

I DON'T THINK SO.
I DON'T --

I DON'T REMEMBER.

Rosa: THE DETECTIVES
ARE EXTREMELY CONCERNED.

VIOLENT CRIME IN HONOLULU
WAS RATHER UNUSUAL.

Woman: HAWAII WASN'T ANYTHING
LIKE THE AMERICAN SOUTH.

BUT WE HAD OUR OWN ISSUES
WITH RACE AND PREJUDICE.

EVERYBODY KNEW,
THE LONGER THIS WENT ON,

THE UGLIER IT COULD GET.

[ SIREN WAILING IN DISTANCE ]
-Man: WE HAVE A NEAR-TRAFFIC ACCIDENT,

CORNERS OF...
[ SPEAKS INDISTINCTLY ]

BE ON THE LOOKOUT, BLUE MODEL
FORD, LICENSE PLATE 58895.

Rosa: SO THALIA MASSIE
GOES TO THE HOSPITAL.

AND THE DOCTOR EXAMINES HER.

SHE WAS BEATEN,
HER JAW FRACTURED.

DID YOU BATHE
AFTER YOUR ATTACK?

Rosa: SHE CLEANED HERSELF
AFTER SHE WAS ATTACKED.

SHE WAS WORRIED
ABOUT PREGNANCY.

SO THE DOCTOR DOES NOT
FIND ANY BODILY FLUIDS.

SHE'S BEING EXAMINED NOW.

THEN WE'LL BRING HER
DOWN TO THE STATION.

Rosa: THE DETECTIVES WHO ARE
WITH THE MASSIES

PHONE IN IN THEIR REPORT
TO THE POLICE STATION.

YOU KNOW, I THINK
I HAVE SOMETHING --

suspects.

Rosa: AND WHEN THEY DO SO,
THEY ACTUALLY

HEAR OF ANOTHER INCIDENT
IN ANOTHER PART OF TOWN.

TOOK YOU FOREVER!

Osorio:
A CARLOAD OF YOUNG MEN

HAD A FENDER BENDER
WITH ANOTHER FAMILY.

Rosa: PEOPLE GET OUT
OF THEIR CAR.

ONE OF THEM IS AGNES PEEPLES,

WHO IS A RATHER FORMIDABLE
NATIVE HAWAIIAN WOMAN.

IN THE OTHER CAR,
THE PERSON WHO COMES OUT

IS A YOUNG NATIVE HAWAIIAN MAN.

Metaxas: THEY GOT INTO
A VERBAL CONFRONTATION.

Rosa: THERE'S SOME PUSHING
AND SHOVING.

AND IN RESPONSE TO BEING PUSHED,
THE YOUNG NATIVE HAWAIIAN MAN

JUST DECKS THE WOMAN.

LOOK AT MY FACE!

SHE SAYS THAT THERE WERE
A NUMBER OF YOUNG MEN

IN THE CAR, POSSIBLY HAWAIIANS.

DID YOU GET A CHANCE
TO SEE THE LICENSE PLATE

OF THE OTHER VEHICLE?
-YES, 58895.

Rosa: WHEN THE POLICE HEAR
ABOUT THIS INCIDENT,

THEY THINK THAT
THEY MIGHT BE RELATED.

HOW MANY CRAZY
YOUNG MEN IN A CAR,

YOU KNOW, ON THE LOOSE,
ON THIS PARTICULAR NIGHT,

ARE YOU GONNA HAVE?

-WHAT'D YOU FIND OUT?
-SOUNDS LIKE WE HAVE OURSELVES SOME SUSPECTS.

DETECTIVE, ADDRESS CAME IN
OVER THE CAR RADIO.

THANK YOU.

WHY DON'T YOU
TAKE CARE OF THIS?

I'LL TAKE CARE OF THE LADY.

YOU GOT IT.

WHILE SOME POLICE
ARE SENT TO THE ADDRESS

TO WHICH THE CAR IS REGISTERED,

THALIA AND TOMMY MASSIE
GO TO THE STATION

AND MEET WITH HEAD
OF DETECTIVES, JOHN McINTOSH.

MRS. MASSIE,
IS THERE ANYTHING ELSE

THAT COMES TO MIND NOW,

THE MAKE OF THE CAR?
OR WHAT ABOUT THE LICENSE PLATE?

NO, I DON'T...

PERHAPS I'M...

HAVE YOU GOT A PEN?

[ PAPER RIPS ]

THE LICENSE PLATE NUMBER
SHE GIVES IS ONLY ONE DIGIT OFF

FROM THE ONE
AGNES PEEPLES REPORTED.

AT THE SAME TIME,
THE POLICE ARRIVE AT THE ADDRESS

TO WHICH THE CAR IS REGISTERED.

IT'S A WORKING PERSON'S SLUM
NICKNAMED "HELL'S HALF ACRE."

Rosa: THEY SEE A CAR
WITH THE LICENSE PLATE NUMBER

THAT AGNES PEEPLES REPORTED.

[ DOG BARKING IN DISTANCE,
KNOCK ON DOOR ]

POLICE.

[ DOOR CREAKS ]

WHAT'S YOUR NAME, SON?

SHIMATO IDA,
BUT YOU CAN CALL ME HORACE.

DOES THAT CAR
BELONG TO YOU?

NO, THAT'S MY SISTER'S CAR.

WERE YOU DRIVIN'
THAT CAR EARLIER TONIGHT?

-I LOANED IT TO SOME FRIENDS.
-WHAT FRIENDS?

YOU DON'T KNOW THE NAME
OF YOUR OWN FRIENDS?

Osorio:
IT WAS REALLY, REALLY CLEAR

THAT IDA WAS HIDING SOMETHING.

**

**

Rosa: THE POLICE TAKE HORACE IDA
TO HEADQUARTERS FOR QUESTIONING.

WE KNOW THAT YOU
WERE IN THAT CAR,

AND WE KNOW THAT YOU WERE
WITH YOUR FRIENDS.

DIDN'T HIT THAT LADY
VERY HARD ANYWAY.

HORACE ADMITS TO BEING
IN A NEAR ACCIDENT

WITH THE CAR THAT
AGNES PEEPLES WAS IN

AND THAT ONE OF
HIS FRIENDS PUNCHED HER.

ALL RIGHT, HORACE.

SO WHEN YOU SAW
THAT WHITE LADY...

I DIDN'T SEE ANY WHITE LADY.

Rosa:
BUT HE SAYS THAT HE KNOWS

NOTHING ABOUT
THE THALIA MASSIE INCIDENT.

SO WHAT ARE YOUR
FRIENDS' NAMES, HUH?

WHAT ARE
YOUR FRIENDS' NAMES?

Osorio: IN THE END,
HE GIVES UP THE NAMES.

AND THAT'S WHEN THIS THING

BEGINS TO TAKE
ON A LIFE OF ITS OWN.

Woman: I'D NEVER SEEN
MRS. MASSIE LIKE THIS BEFORE.

MRS. MASSIE?

BUT WHEN THE POLICE SHOWED UP,
I UNDERSTOOD WHY.

[ DOG BARKING IN DISTANCE ]

Rosa: THE POLICE ROUND UP
THE OTHER INDIVIDUALS NAMED.

AND THEY BRING THEM
TO THE MASSIE HOME,

JOSEPH KAHAHAWAI,

BEN AHAKUELO,

DAVID TAKAI, AND HENRY CHANG.

Woman: THOSE BOYS WERE KNOWN
TO BE A ROUGH CROWD.

THEY WERE ALWAYS STEALING BIKES
AND GETTING INTO FIGHTS.

EVERYBODY KNEW THEM.

[ SEABIRDS CALLING ]

Rosa: ALL FIVE OF THESE
YOUNG MEN GREW UP TOGETHER.

JOSEPH KAHAHAWAI IS
A GREAT FOOTBALL PLAYER.

BEN AHAKUELO IS
AN AMATEUR BOXING CHAMPION.

HENRY CHANG HAS BEEN
ARRESTED A FEW TIMES.

Woman: BUT WHY THEY WERE
IN MY BOSS' LIVING ROOM,

OF ALL PLACES, WAS BEYOND ME.

Rosa: THIS IS GOING TO BE
AN UNUSUAL LINEUP.

POLICE DRAW THE CURTAINS
TO MAKE IT DARK

TO SIMULATE THE NIGHT
IN QUESTION.

THERE ARE NO OTHER MEN
IN THE LINEUP,

JUST THE ACCUSED.

Osorio: NORMALLY,
WHAT YOU WOULD EXPECT

IS ONE OR TWO
OF THE SUSPECTS SURROUNDED

BY OTHER ORDINARY PEOPLE.

TAKE AS MUCH TIME AS YOU NEED.

[ DOG BARKING IN DISTANCE ]

WHAT IS YOUR NAME?

JOE KAHAHAWAI.

ARE YOU HAWAIIAN?

I AM.

WHAT IS YOUR NAME?

HORACE IDA.

-AND YOU ARE...
-JAPANESE.

WHAT IS YOUR NAME?

HENRY CHANG. HAWAIIAN.

DAVID TAKAI, JAPANESE.

BEN AHAKUELO, HAWAIIAN.

JOE...AND HENRY
WERE DEFINITELY THERE.

THE OTHERS, I --
I'M NOT QUITE SURE.

BUT THOSE TWO
WITHOUT A DOUBT.

Rosa: SHE'S ABLE TO IDENTIFY
JUST TWO OF THE FIVE.

WELL, WHAT DO YOU
MAKE OF THAT?

WELL, DO YOU THINK
YOU'D BE ABLE TO REMEMBER

WHO WAS DOING WHAT
IF YOU WERE DONE LIKE THAT?

Woman:
I DON'T TRUST THAT I WOULD BE

ABLE TO REMEMBER ANYTHING
EXCEPT HOW SCARED I WAS.

BUT MRS. MASSIE
PICKED OUT TWO OF THEM.

AND THEN THEY
ARRESTED ALL FIVE.

AS IT TURNED OUT,
THEY HAD A PRETTY GOOD REASON.

Osorio:
THE POLICE WOULD FIND OUT

THAT A COUPLE OF THEM
HAD A RECORD

FOR BEING INVOLVED
IN A PREVIOUS RAPE.

**

**

Rosa:
POLICE LOOK INTO THE BACKGROUND

OF THE FIVE MEN.

DETECTIVE, YOU'D BETTER
TAKE A LOOK AT THIS FILE.

SO IT'S NOT THE FIRST TIME.

Rosa: THEY FIND OUT THAT
A COUPLE OF THEM HAD A RECORD

FOR BEING INVOLVED
IN A PREVIOUS RAPE.

[ SEABIRDS CALLING ]

TWO YEARS EARLIER, ROSE YOUNG,

A 17-YEAR-OLD
LOCAL CHINESE GIRL

ACCUSES SOME HIGH SCHOOL BOYS
OF RAPING HER.

TWO OF THEM WERE BEN AHAKUELO
AND HENRY CHANG.

THEY WERE ARRESTED AND TRIED,
AND IN THE TRIAL,

SHE REVERSED HER TESTIMONY
AND SAID

THAT THEY HAD
NOT RAPED HER AT ALL,

THAT SHE HAD, INSTEAD,
CONSENTED TO EVERYTHING.

BUT SHE HAD ACCUSED THEM OF RAPE

BECAUSE SHE DIDN'T WANT
FOR THERE TO BE PROBLEMS

WITH HER REPUTATION.

Rosa: IN SPITE
OF ROSE YOUNG'S REVERSAL,

THE YOUNG MEN ARE ACTUALLY
FOUND GUILTY OF ASSAULT

WITH INTENT TO RAVISH.

AND BOTH THOSE BOYS
DID TIME FOR THIS.

**

Rosa: THE CHIEF OF DETECTIVES
QUESTIONS ALL OF THE SUSPECTS.

I'M GONNA NEED YOU TO GO
OVER YOUR ENTIRE EVENING

WITH ME STEP BY STEP.

MY...SISTER SAID
I COULD BORROW THE CAR.

SO I WENT TO GET A DRINK
AT ONE OF THOSE FILIPINO PLACES.

WE RAN INTO HORACE, SAID HE'D
GOT HIS SISTER'S CAR.

IT TURNS OUT THAT THEY ALL
BASICALLY HAVE THE SAME STORY.

-TELL ME MORE.
-PARTY RAN OUTTA BEER.

SO DROVE OVER
TO WAIKIKI PARK.

Howes: WAIKIKI PARK,

WHERE THERE'S
THE SATURDAY NIGHT DANCE,

WHICH IS WITHIN A HALF MILE
OF WHERE THALIA WAS ATTACKED.

THEN, WHEN IT WAS ALL OVER,

WE COULDN'T THINK
OF ANYTHING ELSE GOING ON.

ON THE WAY BACK, WE RAN
INTO THAT LADY'S CAR.

AND WHAT
ABOUT THE WHITE WOMAN?

I-I DON'T KNOW
WHAT YOU'RE TALKING ABOUT.

THE ONE YOU SAW WALKIN' ON
THE STREET AS YOUR CAR DROVE BY.

I DIDN'T SEE ANY WHITE LADY.

ALL OF THE FIVE DENY

EVER SEEING THALIA MASSIE
AT ANY POINT IN THE EVENING.

NOT SURPRISINGLY,
THIS IS A HUGE STORY.

Woman:
THERE WERE AS MANY NEWSPAPERS

AS THERE WERE KINDS
OF PEOPLE IN HAWAII.

AND AS THE TRIAL WAS COMING UP,
THE PAPERS WERE SPLIT.

THE HAWAIIAN PAPERS WERE
WAITING TO SEE WHAT HAPPENED.

BUT THE HAOLE PAPERS
ALREADY HAD THEIR MINDS MADE UP.

[ TELEPHONE RINGS ]

YES?

YES, ADMIRAL STIRLING.

AS FAR AS THE NAVY IS CONCERNED,
IT IS BAD FOR THEIR REPUTATION,

AND THEY HAVE TO
DISMISS THE SUSPICION

AND FEAR THAT WHITE WOMEN
WERE NOT SAFE.

WE'RE DOING EVERYTHING WE CAN.

Osorio:
THERE NEEDS TO BE A CONVICTION.

[ CAMERA SHUTTER SNAPPING ]

Rosa: THE TRIAL STARTS
ON NOVEMBER 16, 1931.

[ GALLERY MURMURING ]

THALIA'S MOTHER,
GRACE FORTESCUE,

TRAVELS ALL THE WAY
FROM NEW YORK TO HAWAII.

**

GRACE IS VERY FORMIDABLE.

SHE IS INCREDIBLY
WELL CONNECTED.

SHE WANTS TO DO
EVERYTHING POSSIBLE

TO SUPPORT HER DAUGHTER.

[ CAMERA SHUTTER SNAPPING ]

LADIES AND GENTLEMEN
OF THE JURY,

THESE MEN WERE OUT DRIVING
IN THE SAME PLACE

WHERE MRS. MASSIE
WAS ATTACKED.

THEY, INDISPUTABLY,
WERE WITHIN A HALF A MILE

RIGHT AROUND THE SAME TIME.

COINCIDENCE?
WELL, A REALLY COMPELLING ONE.

Metaxas: HOWEVER, TO PROVE
A RAPE IN HAWAII,

AT THE TIME, IS VERY,
VERY DIFFICULT.

THERE NEEDS TO BE CORROBORATION.

PHYSICAL EVIDENCE,
TESTIMONY FROM OTHER PEOPLE --

IT CAN'T JUST BE
ON THE WORD OF THE VICTIM.

THALIA HAD PHYSICAL HARM,

BUT IT'S ALL BASICALLY
FROM THE SHOULDERS UP.

BECAUSE SHE CLEANS UP,

THEY DON'T HAVE
ANY VAGINAL EVIDENCE.

Metaxas:
GRACE HAD THIS FEAR AND ANXIETY

THAT THE HAWAIIAN JURY
WOULD NOT BELIEVE A WHITE WOMAN.

Woman: MRS. FORTESCUE CLEARLY
DID NOT THINK

THIS WAS A JURY OF HER PEERS.

MAYBE SHE WAS AFRAID
THE JURY WOULD JUDGE HER

AND HER DAUGHTER THE SAME WAY
SHE WAS JUDGING THEM.

FOR THE DEFENSE, THE MAIN ISSUE
WAS ONE OF TIMELINE.

WHAT TIME DID YOU LEAVE
THE PARTY THAT EVENING?

I THINK IT WAS 11:30.

Howes:
THERE WAS NOT ENOUGH TIME

BETWEEN THE ACCIDENT
WITH AGNES PEEPLES AROUND 12:30

FOR THEM TO BE INVOLVED
IN THE RAPE OF THALIA MASSIE.

YOU CAN'T BE IN TWO PLACES
AT THE SAME TIME.

BUT YOU TOLD THE POLICE
THAT WAIKIKI PARK WAS QUIET.

-I...
-AND YOU DIDN'T HEAR ANY MUSIC?

THAT WOULD MAKE IT
AT LEAST AFTER MIDNIGHT.

I DON'T REMEMBER
IF THERE WAS MUSIC OR NOT.

[ GALLERY MURMURING ]

WAS IT
BEFORE OR AFTER MIDNIGHT?

I DON'T -- I DON'T KNOW.

Woman: NO ONE WANTED TO GIVE
MRS. MASSIE THE BENEFIT

OF THE DOUBT MORE THAN ME,
BUT HER STORY KEPT CHANGING.

Howes: HOW WELL DO YOU REMEMBER
WHEN YOU DID SOMETHING?

DID YOU DO SOMETHING
AT 12:16 OR 12:18?

A RAPE VICTIM VERY OFTEN

TELLS DIFFERENT VERSIONS
OF WHAT HAPPENED

BECAUSE THE EXPERIENCE IS
SO LAYERED AND SO TRAUMATIC.

THE CASE IS HANDED TO THE JURY.

THEY GO INTO
THEIR DELIBERATIONS.

AND THEY'RE IN THERE
FOR 97 HOURS.

**

EVERYBODY EXPECTED THE ANSWER
A LOT FASTER.

BOTH SIDES ARE GETTING
INCREASINGLY ANXIOUS.

YOUR HONOR, WE ARE UNABLE
TO REACH A VERDICT.

[ GALLERY MURMURING ]

THE JURY IS HUNG.
IT SEEMS TO BE SPLIT 6-6,

AND THERE'S NO POSSIBLE WAY

THAT THEY'RE GOING
TO REACH A DECISION,

EITHER FOR CONVICTION
OR ACQUITTAL.

Woman: ALL THAT WAITING
AND ANTICIPATION

AND THEN NOTHING.

AND NOW WE WERE
GOING TO HAVE TO GO

THROUGH THIS ALL OVER AGAIN,

ANOTHER TRIAL, ANOTHER JURY.

Metaxas: TOMMY WAS STUNNED.

Howes: FOR TOMMY, THE VERDICT

IS KIND OF AN ASSAULT
ON HIS HONOR

AS A NAVAL OFFICER
AND THE WHOLE NOTION

THAT THESE WOMEN
SHOULD BE PROTECTED.

Metaxas: GRACE WAS FURIOUS.

BOTH OF THEM IMMEDIATELY
STARTED SAYING,

"WE HAVE TO DO SOMETHING
TO GET JUSTICE."

**

[ INSTRUMENTAL HAWAIIAN JAZZ
PLAYING ]

Woman: SO MRS. FORTESCUE
DECIDED TO STAY

UNTIL THE WHOLE AFFAIR
WAS PUT TO REST.

IT TURNS MY STOMACH.

Howes:
GRACE HAD STARTED FEELING

VERY STRONGLY THAT
SHE MIGHT NEED PROTECTION.

TO HER, HAWAII IS
AN UNCIVILIZED PLACE.

SO SHE ASKED FOR A BODYGUARD.

AND SHE GOT A YOUNG SAILOR
NAMED DEACON JONES.

IT'S OUTRAGEOUS, REALLY.

I'D LIKE
TO BREAK THEIR NECKS.

DON'T BE VULGAR.

I APOLOGIZE.

THE WHOLE ISLAND IS GETTING
VERY TENSE AND VERY ANXIOUS.

THE OUTRAGE OVER
A GANG OF KANAKA MEN

DESPOILING THIS WOMAN
AND BRUTALLY ATTACKING HER --

IT IS A BLACK EYE
TO THESE NAVY GUYS.

Howes: ALSO, THE YOUNG MEN
WHO'D BEEN CHARGED --

THEY'RE OUT ON BAIL.

YOU KNOW, IT'S A RECIPE
FOR VIOLENCE.

Rosa: HORACE IDA GOES TO
A SPEAKEASY DOWNTOWN.

AREN'T YOU THE JAP THAT RAPED
LIEUTENANT MASSIE'S WIFE?

-I THINK HE IS.
-LOOK AT HIS FACE.

I RECOGNIZE HIM.
YOU WANNA COME WITH ME, HUH?

**

**

Woman: LOCAL PEOPLE WERE USED
TO BEING IGNORED,

CHEATED, DISRESPECTED.

BUT THESE NAVY MEN HAD DECIDED
FOR THEMSELVES

THAT HORACE AND HIS FRIENDS
WERE GUILTY.

IN THEIR EYES, THE HUNG JURY
WAS JUST A TECHNICALITY.

Osorio: IT'S NOT PUNISHMENT.

IT'S TORTURE TO ELICIT
A CONFESSION.

[ CAMERA SHUTTER SNAPPING ]

THEY BEAT HIM,
AND THEY KICKED HIM,

AND THEY DAMN NEAR KILLED HIM.

Rosa: HE'S ABLE TO ESCAPE
AND HITCH A RIDE BACK INTO TOWN.

THE NAVY MEN CLAIMED
THAT HE HAD CONFESSED

AND THAT THEY NOW HAD EVIDENCE

THAT HE HAD BEEN
INVOLVED IN THE RAPE.

BUT HORACE SAID
HE DID NOT CONFESS.

ARE YOU ALL RIGHT, DEAR?

[ SIGHS ] I, UH, I --

I JUST NEED TO LIE DOWN
FOR A MOMENT.

THEY DID THAT TO HER.

WHAT CAN WE DO?

I DON'T REALLY KNOW
WHAT WE CAN DO.

IDA'S CONFESSION'S NEVER
GONNA HOLD UP IN COURT.

THOSE BRUISES...

Howes: GRACE AND TOMMY REALIZE
THAT A CONFESSION

WILL PROBABLY BE THE ONLY THING

THAT CAN GUARANTEE SUCCESS
AT THE SECOND TRIAL.

WE JUST NEED ONE OF THEM TO
STOP LYING AND TELL THE TRUTH.

WE ARE AT THE MERCY
OF THE COURTS, GRACE.

Metaxas: TOMMY REALLY FEELS THAT
HE HAS TO DO SOMETHING.

Howes: GIVEN THE FACT THAT IT
WAS TOO LATE TO PROTECT THALIA,

HE HAD TO MAKE SURE
THAT JUSTICE WAS DONE.

**

Rosa: ON THE MORNING
OF JANUARY 8, 1932,

JOSEPH KAHAHAWAI IS CHECKING IN

TO THE JUDICIARY BUILDING
ON CONDITION OF HIS BAIL.

Osorio:
THEY KNOW THAT KAHAHAWAI'S

GOING TO COME OUT THE MAIN DOOR.

**

GET IN THE CAR.
MAJOR ROSS WANTS TO SEE YOU.

DEACON JONES HANDS HIM
THIS FAKE WARRANT

THAT THEY PUT TOGETHER.

HEY, HEY, HEY, HEY.
WHERE ARE YOU TAKING HIM?

HEY, HEY, HEY. NO, NO, NO.
WHERE ARE YOU GOING?

Howes:
TOMMY AND JONES DRIVE AWAY.

GRACE HAS HER OWN CAR,
AND SHE FOLLOWS THEM.

THEY TAKE JOSEPH TO
GRACE FORTESCUE'S RENTED HOME.

[ DOG BARKING IN DISTANCE ]
MADE IT REAL EASY FOR YOU.

YOU SEE WHAT THAT SAYS?

"I, JOSEPH KAHAHAWAI,
ADMIT TO BRUTALLY RAPING

"AND ASSAULTING THALIA MASSIE

"ON THE MORNING
OF SEPTEMBER 13, 1931,

AT APPROXIMATELY 1 A.M."

Rosa: TOMMY MASSIE HAD CONSULTED
A LAWYER FRIEND,

WHO TELLS HIM THAT,

MAYBE IF A CONFESSION
WERE COERCED

BUT THERE WAS
NO PROOF OF COERCION,

THAT THAT COULD BE
USED IN COURT.

AND THEN YOU IMPLICATE
YOUR FRIENDS.

AND THEN YOU SIGN
AT THE BOTTOM, OKAY?

IT'S ALL DONE.

THEY HOLD JOE AT GUNPOINT.

THEY'RE NOT GOING TO LET HIM
LEAVE UNLESS HE CONFESSES.

ALL YOU HAVE TO DO IS SIGN THAT

AND TAKE RESPONSIBILITY
FOR WHAT YOU DID.

I DIDN'T DO IT.

I NEVER EVEN SAW THE WOMAN
BEFORE THEY PICKED US UP.

THAT LADY IS HIS WIFE.

I'M LOSING PATIENCE
WITH YOU REAL FAST.

WE KNOW YOU DID IT.
YOU KNOW YOU DID IT.

AND YOU'D BETTER
REMEMBER SOMETHING QUICKLY.

THERE'S NOTHING TO REMEMBER.

JUST TELL THE TRUTH, JOE.

AND WE'LL LET YOU GO.

I DIDN'T DO IT.

MY FRIENDS DIDN'T DO IT.

WHAT I WANT WITH YOUR WIFE?
GOT OUR OWN GIRLS.

SHUT UP.
[ COCKS GUN ]

WE DON'T WANNA HURT YOU, JOE.

JUST -- JUST TELL US
WHAT HAPPENED.

YOU WANT ME TO TALK, BUT YOU
DON'T WANNA HEAR THE TRUTH.

I-I DON'T THINK
YOU UNDERSTAND THE SITUATION

THAT YOU'RE IN RIGHT NOW,
JOE.

I UNDERSTAND JUST FINE.

YOU THINK 'CAUSE
YOU WEAR A UNIFORM,

YOU GET TO CALL THE SHOTS.
BUT YOU'RE NOT THE POLICE.

I'M GONNA BLOW YOUR BRAINS
ALL THE WAY TO CALIFORNIA.

THIS ISN'T YOUR ISLAND.

-AND YOU'RE NOT WELCOME HERE!
-SHUT UP!

-SHUT UP!
-YOU CAN'T KEEP ME HERE!

DON'T MOVE! I SWEAR.

DON'T YOU MOVE AN INCH.

**

[ THREE GUNSHOTS ]

**

Rosa: TOMMY AND GRACE DRIVE
OUT OF MANOA VALLEY

AND HEAD ROUGHLY EAST.

AT THIS POINT, THERE WAS
AN ALL-POINTS BULLETIN.

Rosa: BECAUSE JOE'S COUSIN
HAS SEEN THE CAR

AND REPORTED IT TO THE POLICE.

THE POLICE PULLED
THE CAR OVER.

WHEN HE OPENS THE DOOR...

Osorio:
THE FIRST THING HE SEES

IS A BARE FOOT
STICKING OUT OF A SHEET.

**

Rosa: IN THE CAR IS THE BODY
OF JOSEPH KAHAHAWAI.

Osorio:
THE POLICEMAN'S INCREDULOUS

BECAUSE THIS SORT OF THING
DOESN'T HAPPEN HERE.

I'M GONNA NEED YOU
TO STEP OUT OF THE CAR.

Osorio:
THERE'S RACIAL TENSION.

THERE'S A CERTAIN AMOUNT
OF BIGOTRY.

BUT WE DON'T KILL
EACH OTHER LIKE THIS.

Rosa: THE PLAN WAS TO DISPOSE OF
THE BODY AT HALONA BLOWHOLE.

Metaxas: IF THEY SLIPPED HIM
INTO THE WATER THERE

OFF THE CLIFFS,
HIS BODY WOULD NEVER BE FOUND.

ESSENTIALLY,
THEY'RE CAUGHT RED-HANDED,

AND THEY'RE ARRESTED.

NEWSPAPERS
ON THE CONTINENTAL U.S.

DESCRIBE IT AS AN HONOR KILLING.

IN 1930s AMERICA,
HONOR KILLING MEANT,

BECAUSE HIS WIFE HAS
BEEN ATTACKED IN THAT WAY,

THE HUSBAND IS HONOR-BOUND
TO EXACT REVENGE.

Woman: I COULDN'T BELIEVE WHAT
THE HAOLE PAPERS WERE SAYING.

HONOR KILLING?
WHAT HONOR IS THERE IN MURDER?

Rosa:
THE NAVY BASE AT PEARL HARBOR

IS REALLY IMPORTANT
TO FEDERAL AUTHORITIES.

SO THERE'S DEFINITELY
GREAT INTEREST

IN THE CASE IN WASHINGTON, D.C.

THE VERY FACT THAT THEY'VE BEEN
ARRESTED IS THE EVIDENCE

THAT, CLEARLY HAWAII,
IS UTTERLY LAWLESS

BECAUSE ONLY A LAWLESS PLACE
WOULD CHARGE GRACE FORTESCUE

AND TOMMY MASSIE WITH MURDER.

THIS IS ALMOST LIKE
CELEBRITIES BEING ARRESTED.

THE INTEREST,
WHICH WAS ALREADY THERE,

NOW JUST ABSOLUTELY EXPLODES.

YOU CAN ALMOST SUM UP
THE RESPONSE AS, CLEARLY,

THE LEGAL SYSTEM IN HAWAII

IS NOT CAPABLE
OF CARRYING OUT JUSTICE.

AND THE TRAGEDY HERE
IS THAT THE HUSBAND OF A WOMAN

WHO HAS BEEN ATTACKED
IN THIS WAY

IS FORCED TO TAKE THESE MATTERS
INTO HIS OWN HANDS.

BECAUSE OF THE DEATH
OF JOSEPH KAHAHAWAI,

THE OTHER FOUR MEN HAVE BEEN
TAKEN INTO PROTECTIVE CUSTODY.

**

THE CASE GOES TO TRIAL
IN THE SPRING OF 1932.

GRACE FORTESCUE DECIDES
TO HIRE CLARENCE DARROW,

THE MOST FAMOUS DEFENSE ATTORNEY
IN THE UNITED STATES.

Rosa: CLARENCE DARROW PUTS
TOMMY MASSIE ON THE STAND.

MR. MASSIE, WOULD YOU SAY

THAT YOU CARE A GREAT DEAL
ABOUT YOUR WIFE?

YES, I DO.

DID YOU PARTICIPATE

IN THE KIDNAPPING
OF JOSEPH KAHAHAWAI?

I DID.

THE LAST THING THAT
I REMEMBER WAS HIS CONFESSION.

[ GALLERY MURMURING ]

HE SAID THE WORDS.

AND THEN EVERYTHING
JUST...WENT DARK.

HE SAYS THAT, WHEN JOE ADMITS
TO THE RAPE OF HIS WIFE,

HIS MIND GOES BLANK,
AND THE GUN GOES OFF.

Metaxas:
CLARENCE DARROW ARGUES THAT

TOMMY WAS TEMPORARILY INSANE.

HE SAYS, "YOU HAVE TO THINK
OF NOT THE LAWS

"THAT ARE IN THE CONSTITUTION
BUT THE HIGHER LAW.

WHAT IS YOUR DUTY
AS A HUSBAND?"

MANY YEARS LATER,
DEACON JONES ADMITS

THAT IT WAS ACTUALLY HE,

AND NOT TOMMY MASSIE,
WHO PULLED THE TRIGGER.

Metaxas: THE JURY'S UNDER A LOT
OF PRESSURE FROM WASHINGTON.

THE NEWSPAPERS, THE GENERAL
WHITE POPULATION ON THE ISLAND

IS REALLY PRESSING THEM
TO FIND THEM INNOCENT.

[ GAVEL BANGING ]

MR. FOREMAN, HAS THE JURY
REACHED A DECISION?

WE HAVE, YOUR HONOR.

WE, THE JURY,
FIND DEACON JONES,

THOMAS MASSIE,
AND GRACE FORTESCUE

GUILTY OF MANSLAUGHTER.

[ GALLERY MURMURING ]

Rosa: THEY ARE GUILTY OF THE
LESSER CHARGE OF MANSLAUGHTER.

THE JUDGE RECOMMENDS
THE MAXIMUM SENTENCE,

WHICH IS 10 YEARS AT PRISON.

Woman: NONE OF US EVER IMAGINED
THAT JOE'S KILLERS

WOULD REALLY BE HELD
ACCOUNTABLE.

BUT I WASN'T PREPARED
FOR WHAT HAPPENED NEXT.

TERRITORIAL GOVERNOR
LAWRENCE McCULLY JUDD

WAS UNDER TREMENDOUS PRESSURE
FROM MEMBERS OF CONGRESS

AND EVEN THE PRESIDENT HIMSELF.

AND HE COMMUTES, OR SHORTENS,

THEIR SENTENCE
FROM 10 YEARS TO 1 HOUR.

ONE HOUR IN EXCHANGE FOR A --
A PERSON'S LIFE, A YOUNG MAN.

Howes: WITH THE COMMUTATION
OF THE SENTENCE,

THE NAVY DECIDES
THAT IT'S TIME

FOR THE MASSIES
TO LEAVE HAWAII,

WHICH THEY DO 4 DAYS LATER.

Rosa:
WITHOUT THALIA MASSIE PRESENT,

THE TERRITORIAL PROSECUTOR'S
OFFICE

COULD NOT GO FORWARD
WITH TRYING THE CASE

OF THE ALLEGED RAPE AGAIN.

THE MEN ARE RELEASED,

AND THE RETRIAL
NEVER TAKES PLACE.

Woman:
SO THAT'S THAT, RIGHT?

NOT EVEN CLOSE.

WE STILL DIDN'T KNOW WHAT HAD
REALLY HAPPENED TO MRS. MASSIE.

Howes: THE GOVERNOR DECIDES
TO HIRE THE BEST-KNOWN

INVESTIGATIVE AGENCY
IN THE UNITED STATES,

THE PINKERTONS,
TO CONDUCT A COMPLETELY

INDEPENDENT INVESTIGATION
OF THE ORIGINAL TRIAL.

AND THE REPORT EMPHASIZED
A FEW MAJOR THINGS.

WHEN THALIA'S
INITIALLY QUESTIONED,

SHE CAN'T REMEMBER
THE LICENSE PLATE.

BUT LATER THAT EVENING,
HER MEMORY GETS MUCH BETTER.

AT THE TIME THAT THALIA
HAS BEEN TAKEN IN

FOR A MEDICAL EXAMINATION...

Man: WE HAVE A NEAR-TRAFFIC
ACCIDENT...

THE POLICE DEPARTMENT IS
SENDING OUT BROADCAST BULLETINS

REPEATEDLY ANNOUNCING
THAT LICENSE PLATE NUMBER.

LICENSE PLATE 58895.
I REPEAT...

Metaxas: SO IT'S POSSIBLE THAT
THALIA HEARD

THE NUMBER
OVER THE POLICE RADIOS.

Woman: MRS. MASSIE SAID
SHE DIDN'T HAVE HER GLASSES

THE NIGHT SHE WAS ATTACKED.

AND WITHOUT THEM,
SHE WAS BLIND AS A BAT.

SO HOW COULD SHE HAVE
SEEN THEIR FACES?

THERE WERE SO MANY PROBLEMS
WITH MRS. MASSIE'S STORY.

SHE TOLD THE POLICE SHE WAS
DRAGGED THROUGH THE BUSHES.

BUT HER DRESS WAS LIKE NEW.

AND THERE WERE WITNESSES

THAT COULD ACCOUNT
FOR THE WHEREABOUTS

OF ALL FIVE BOYS
ALMOST ALL NIGHT.

THE CONCLUSION OF
THE PINKERTON REPORT

IS THAT THE FIVE YOUNG MEN
WHO HAD BEEN ACCUSED OF RAPE

COULD NOT HAVE
COMMITTED THE CRIME

AGAINST THALIA MASSIE.

IT'S POSSIBLE THAT
WHAT HAPPENED THAT NIGHT

DID NOT BEAR ANY SIMILARITY

TO WHAT SHE TESTIFIED
TO IN COURT.

AFTER THALIA LEAVES HAWAII,

SHE NEVER OFFERS AN EXPLANATION
OF WHAT HAPPENED.

Woman: WELL, IF MRS. MASSIE KNEW
SHE WAS LYING IN COURT,

I DON'T EVEN KNOW WHAT TO SAY.

WAS SHE REALLY RAPED?

IF NOT, WHAT DID HAPPEN?

-OR DID SHE JUST MAKE A MISTAKE?
-[ CRYING ]

Woman: I STILL DON'T KNOW
WHAT TO MAKE OF IT.

Howes: ONCE SHE HAD STARTED DOWN
THE PATH INDICATING

THAT SHE HAD BEEN RAPED,

THE STORY GOT COMPLETELY
OUT OF HER CONTROL.

Woman: MRS. FORTESCUE
AND MR. MASSIE WERE HURTING.

WE ALL KNOW
WHAT THAT FEELS LIKE.

BUT THAT EXCUSE IS JUST THAT --

A DANGEROUS EXCUSE.

IF THE ROLES WERE REVERSED

AND THE HAWAIIAN MEN
KILLED A WHITE MAN,

DO YOU REALLY THINK THEY WOULD
STILL SEE THE HONOR IN KILLING?

Metaxas: IF SOMEONE WERE
TO HURT MY CHILD,

I WOULD WANNA KILL THAT PERSON.

BUT THE LAW IS THERE TO TEMPER
THOSE GUT FEELINGS THAT WE HAVE.

WE HAVE TO LIVE
WITHIN CERTAIN RULES.

Osorio: THE SALIENT FACTS WAS
THAT THE WOMAN WAS WHITE.

THE ASSAILANTS WERE NOT.

THE WOMAN WAS THE WIFE
OF AN OFFICER IN THE U.S. NAVY,

AND THE BOYS
WERE THROWAWAY PEOPLE

THAT THE WHITE SOCIETY OF HAWAII
HAD NO GREAT REGARD FOR.

THAT WAS THEIR STORY.

THERE HAVE BEEN
OTHERS SINCE THEN.

THERE HAVE BEEN
OTHER WAYS THAT PEOPLE

HAVE TAKEN AN UNFAIR STIGMA.

AND WE -- WE KNOW
THAT THESE THINGS CONTINUE.

SO...

[ SIGHS ]

[ UKULELE PLAYING "ALOHA 'OE" ]

* E UHAI *

* ANA PAHA I KA LIKO *

* UNTIL WE MEET *

* AGAIN *

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