All language subtitles for 05 Tria By

Perhaps,
I could suggest that you killed her.

Are you making a joke?

Did you?

Haley feels that it's important
that he gets out on bail.

You'll be able to contribute
to his defense

in a more meaningful way.

I'm
obviously very happy to be out,

and I look forward to
clearing my name in court

and proving that I'm innocent.

We're not in this together.

I'm gonna play the role,
the assigned role,

and that's it.

You just
committed witness tampering.

You actually did think you
could change his mind, didn't you?

Oh, my God. Of course.

We're gonna do a TV interview.

Let the people
see for themselves.

What you want them to see?

That in all this,
I lost someone I loved!

Let's not forget that, uh...

that in all this...

I lost someone I love.

So you
still say you didn't kill her?

Well, I say,
I say that because I did not kill her.

You loved this
woman. You knew her.

You knew her life.

Do you have some idea who did?

I do. Yeah.

How you doing, Henry?

- Good, thanks, sir. - Yeah?

Why were you there that night?

Outside her apartment?

Because I was, I was walking.

Like I always do. I
didn't know where I was.

I've told you this many times.

It is just such a coincidence,
isn't it, that...

I was having an affair with her,

and, and, you were there.

- Just as I was, or just had been.
- Oh, my God.

What are you asking me?

Were you following me?

Was I following you?

Were you?

Were you following me?

- Are you fucking kidding me?
- Were you following me, Grace?

- Don't you dare say that...
- Are you Jonathan Fraser?

- I'm sorry. Excuse me. Can we take a selfie with you?
- This is wild!

- Johnny! Right here! - No. No.

- Quick selfie.
- No. No. Come on.

- This is... - Grace! Grace!

How are we doing?

What's going on?

Um...

I think we're both, um...

A little pre-trial nerves,
that's all.

Look,
they have a strong case. No question.

But it's circumstantial.

Nobody saw anything.

They don't have a murder weapon,

and some of the
science actually helps us.

Their case is vulnerable.

So you keep saying, um,

although with a little more
anxiety each time you say it.

Here's my question.

What's our case, Haley?

Because I don't really
have clarity on that.

Our defense is wait and see.

I told you. It's fluid.

Fluid. Okay, great. That gives
me great confidence. Thank you.

It depends on
what they throw at us.

Okay. Let's break it down.

Our case is you.

You say you didn't do it.

Explain why you ran.

And our case is you.

You say,
"Believe what he just said."

I can't imagine that the
word of a devoted wife

would carry much weight.

Are you devoted, Grace?

I'm here.

Under the circumstances,
I think I deserve a medal.

We have seven women on the jury.

These five...

are educated,
working professionals.

Just like you.

These two...

have been cheated
on by their husbands.

Just like you.

And then there's this guy.

He knows better than most that
infidelity doesn't mean murder.

He's having an affair, himself.

How could you
possibly know that?

I know all these people.

We piggyback on the algorithms
of both Amazon and Google.

I know where they go
shopping. Where they go to eat.

Where they go on
vacation. We know it all.

We're already targeting their
Instagram and Facebook accounts

with pro-defense news feeds.

Is that legal?

It's gray enough
to get away with.

We do have one little problem.

The same question keeps
coming up in all our focus trials.

If you didn't do it,
then who did?

We need to offer
up another suspect.

Whoa.

Well, what about his alibi?

Oh, it stinks. I can nick it.

Take his hand, would you please?

I mean, now.

- Why? - Because I said so.

Do it.

Feel his hand.

Feel hers.

Feel together.

If you two don't feel it,
neither will the jury.

I'm not feeling that.

What is the point of this?

The point is that you two
need to be one in the room.

In effect, you'll be giving
testimony every single day.

Every single
minute of this trial.

The jurors will be
studying you for signs.

Is he human?

Does she believe him?

Does she still love him?

They will constantly be
taking measure of you.

Individually, and jointly.

Look, juries
don't like to convict good-looking people.

They certainly don't
like to imprison doctors,

and they don't like
to punish the wealthy.

As much as we think we
like to stick it to the rich,

in the end, we don't.

- We never do. -

The
idea that jurors don't come into this

with preconceived notions,

that's just preposterous.

This case has been
so well-reported,

I might go as far as to say
that these jurors are liars.

I mean, to get on this panel,

they would have
had to have declared

that they know
nothing about this case.

Does anybody...

It's just entertainment.

Which you need to be a part of.

The jury will know who you are.

Haley says that they
notice everything.

Your presence. Your reactions.

- It all matters. - Grace.

You're doing this
for your grandson.

I will be at your side,

tomorrow and beyond.

But the idea that
this best serves Henry

is absolute nonsense.

Murderer or not,
Jonathan must be kept

as far away from
your son as possible.

FiveThirtyEight is reporting an 83%
chance of conviction this morning,

down three points
from just yesterday...

Plans for a last-minute plea
deal either never materialized,

or were squashed.

How is Grace doing?

Are you speaking
to your son-in-law?

Take all the
metal out of your pockets, please.

Thank you.

Next, please.

Step up.

Take all the metal out of your pockets,
please.

Murder is ugly business.

I must warn you,

whatever you've heard,
whatever your predispositions,

this one,

it's worse than you think.

The evidence will show that

Jonathan Fraser was
having an affair with the victim.

That he went to
the victim's studio

on the night of January 8th,
2019.

That he sexually penetrated her.

That he then violently,

savagely,

beat her to death.

He then fled the scene
and went into hiding,

before he was captured.

Elena Alves was
bludgeoned so badly,

so viciously,

she was unrecognizable
to her own husband.

She was first discovered

by her 10-year-old son,

Miguel.

She was hit with
a blunt instrument

11 times.

The medical examiner found that

the wounds inflicted were
consistent with a sculpting hammer,

which belonged to the victim.

A hammer which was never found.

It could have been a hammer

like this one.

He turned her skull into mush.

He just kept hitting.

And hitting.

- And hitting. -

- And hitting. -

He just kept hitting.

And hitting.

- And hitting. -

It's worse than you think.

Such a beautiful, vibrant woman.

When bad things
happen to good people,

we want answers.
We want closure.

We want a conviction.

My client is the only option.

That's why the
investigation was so limited.

It wasn't sloppy,

or lazy, or negligent.

It was specifically and
intentionally narrow,

precisely because
evidence of other suspects

would compromise their
one shot at a conviction.

My client

made love to Elena Alves,

on January 8th.

His DNA. Semen at the scene.

He guarantees reasonable
doubt to any other defendant,

so we're not even gonna
look for other possibilities.

He's the only one we can get.

Somebody else hit Elena
Alves with that sculpting hammer,

11 times,
like the prosecutor said.

It continued after she was dead.

That's rage.

That's hatred.

- Please. -

A lot of hatred.

A crime of passion.

Primal fury.

We have to wonder.

Fernando Alves had motive.

He had opportunity.
He was there.

Is he the killer?

Can we know for sure? No.

Why?

In part,
because he was never really investigated.

Why?

Because his semen was
found inside the victim?

He's the only one we can get.

It shall be him.

It's not.

The problem is, once the defense

comes up with its own theory,

the jury expects

that they're gonna have
some evidence behind it.

And the idea that
the husband did this,

there's no evidence for that,
as far as I know.

Hello?

Hey.

Hey.

How was your day?
Anything interesting happen?

I don't really have
anything to say. I'm...

just sitting here in the quiet.

It's a bit oppressive.

I'm a bit lonely.

How's the boy? Is he all right?

Yeah. I mean...

I'm gonna have to take his iPhone away,
because he's...

He's devouring all the coverage,
and I...

Well,
good luck with that. I tried it once,

and he turned into that
kid from "The Exorcist."

I was so scared, I gave it straight back.

Don't suppose you'd like to...

come over for a cup of tea?

Boat of Frosties?

"oeuf à la Jonathan."

No.

I do realize how
brutal today was. Um...

Not least because,

well, there you are,
the most private person

on the face of the Earth,

who goes for walks to disappear,

thrust into the middle of that
God-awful circus. I'm sorry.

Um-hmm.

But I do think,
I think we can get our anonymity back.

Just a question of planning.

I think we should,
uh, let ourselves go,

and get really alarmingly
fat. Stop grooming.

I think you should wear
extremely frumpy tweed skirts.

In fact, we both should.

I, I think we could have
a very peaceful old age.

Mm.

Tragic, isn't it? That was my
biggest fantasy when we met.

Getting old with you.

Doing all the, you know,
old stuff. All the...

puttering around the garden,
and...

being spiteful
about young people.

Joining a book club.

But we did that.

You got kicked out.

I was kicked
out because I was honest.

The book was crap.

You still there?

Yeah, yeah. Do you remember
those long phone calls?

Even when we had nothing to say,
we just...

We didn't hang up.
What was that about?

I remember.

Yeah.

I'm gonna go to sleep now.

Yeah, okay. Bye.

Wait. Um, hang on. I...

I love you.

Hey.

Henry.

My God, you scared me.

- What are you doing? - Sitting.

Where were you?

Why are you sitting here?

- What is it?
- I couldn't sleep in my bed.

Were you thinking about it all?

- Yeah. - We've survived so far.

And we'll survive
the rest. We will.

What is it?

What's wrong?

Something's wrong. I can tell.

No. No.

I'm fine.

No, you're not.

I saw them.

- Hmm? - I saw them together.

At school.

Okay.

I should have told you.

If I'd told you,
maybe it wouldn't have happened.

Maybe Miguel's father,

or somebody else
who was jealous,

maybe if, if,

maybe they found out.

- And maybe if I told you...
- You had nothing to do...

- No. Henry.
- Then they wouldn't have...

Shh. Would you just
listen for a minute?

You had nothing to do with
what happened to Miguel's mother.

- You can't say that.
- You could never have put...

- I can.
- No, but Mom, I saw them.

And that must have
been very hard for you.

They weren't doing anything.

I mean, they weren't kissing,

or anything, but...

I just knew,

when I saw them.

I knew.

And when he saw me,

he just smiled.

Like it was nothing.

He saw that I saw.

He knew that I knew.

Well,
he put you in a terrible position.

A position no child
should ever be in.

- I wanted to tell you.
- Mm-hmm.

I wanted to tell you, but...

I just...

I felt like he trusted me.

It's all right.

You let him see.

You let him see you with her.

At his school.

And you know that he saw you.

- You know he did, and he fucking worships you.
- No.

He would do anything for you.

Anything. You know that.

No more lies, Jonathan.

I got it. Yeah. Yeah.

Jonathan.

- At school. - Grace, Jonathan.

We're about to take
on the lead detective.

He needs to be my focus,
and he needs to be yours.

What,
I'm meant to go out there now?

- And sit out there like this?
- Listen to me. Listen to me.

Haley.

Jonathan, why?

- You did that to our son.
- Jonathan.

We got to the scene at 8:57 a.m.

Nine minutes after the
husband made the 911 call,

and about 30 minutes

after the body was
discovered by the son.

And what did you find?

We discovered a woman, deceased.

Her head badly lacerated,

her skull crushed.

Identified as Elena
Alves by her husband.

Though any facial recognition
was difficult to discern.

Yes. I'd like to show
you a series of photographs.

I'm sorry, I can't...

Do these
photographs fairly and accurately

represent the crime
scene as you found it?

They do.

Thank you.

Order in the court.

It's okay. It's okay.

The forensic evidence you spoke of,
Detective.

My client's sperm, saliva,
and skin fragments.

They could all be the
product of Jonathan Fraser's

and Elena Alves'
having sex. True?

That would not explain
her crushed skull.

No, it wouldn't.

And yet,
when asked by Ms. Stamper

to give evidence as to
who crushed that skull,

the evidence you gave
to incriminate my client is...

sperm, saliva,
and skin fragments.

And his bloody footprints.

Which he could have left if
he'd returned to the scene

after she was killed.

And the fact that
your client fled.

Yes, he fled.

I suppose when we have two
people come upon the scene,

one flees, the other doesn't,

it's usually the one who
flees who gets put on trial.

It's not as simple as that.

In this case,

it is.

There were no
eyewitnesses to this crime.

No security cameras
in this building

to monitor the
comings and goings.

To see if anybody
else came or went.

There were not.

The footprints,

fingerprints,
and saliva found at the scene,

belonging to two people.

My client, and the husband.

Fernando Alves went to the scene

after his son alerted him.

He went to his wife's aid.

His DNA.

The DNA that
belonged to the husband,

Fernando Alves.

You cannot scientifically

exclude the possibility

it was left the night before.

Can you?

- Did you not hear my question, Detective?
- I did.

I did hear your question.

And I also heard your
opening statement.

It was offensive.

We don't stick our
heads into sand

in order to jam through
quick convictions.

An innocent person
got slaughtered.

Our intent was to
find out who did it.

Our only pursuit
here was the truth.

- However much that disappoints you.
- And the truth is...

- that man's DNA...
- He had an alibi.

- A man with motive.
- His son was with him.

They were together
at the family apartment

over 10 blocks away.

His 10-year-old son.

He was awake the whole time?

There are cameras in
and outside the building

that would have
shown if Mr. Alves left.

Cameras in the back,
as well as the front.

He could have gone out the back.

There is no evidence,

either by security cameras,

street cameras,
or eyewitness accounts,

that place Mr. Alves on,
or around the scene that night.

Street cameras, however,

did capture your client.

Anybody else?

No.

Where was this taken?

A full block away.

- From the scene?
- Yes.

At what time?

A little past 9:30 p.m.

- The night of the murder?
- Yes.

A block from the scene,
and at the time of the murder.

Who is this in the
picture? Do you know?

Grace Fraser.

The defendant's wife.

The defendant's wife.

Near the scene,
at around the time.

Gee.

Are you suggesting
she killed her?

I'm actually not.

What I am suggesting
is that you just lied.

I'm suggesting that you had
evidence of another person,

one with a lot of motive,

being at or near the scene
around the time of death,

and you never bothered to
question her as a suspect.

We absolutely questioned her.

As a suspect?

You gave her Miranda?

Did you advise Grace
Fraser of her Miranda rights

before questioning
her as a suspect?

We did not.

Wouldn't that be the law if you
considered her to be a suspect?

To read her her rights?

It would be,
if she was a suspect.

But she wasn't.

We had security cameras
capturing her walking.

Continuing on.

We had and still have
no reason to believe

she ever entered the dwelling,

nor there was any
of her DNA present.

If her DNA had been present,

you would have
considered her a suspect?

Of course. But it wasn't.

His was.

Did you ever read
Fernando his rights?

You made an exception
for Fernando Alves.

Was it because admitting
your suspicions of him

might weaken your
chances of getting him?

Fernando Alves

had an alibi.

Yes. His sleeping son.

Dad. Yeah.

They're calling, uh,
the detective a squirmy worm.

They're saying, like,
"Can't make the prosecutor feel good

- having your whole case ride on a squirmy worm."
- Turn the phone off.

Turn the phone off.

Just turn it off. Thank you.

It's not often that we get to eat together,
the three of us.

Here we are.

He'll pour it. Thank you.

Thank you.

- -Did you
know she was gonna do that?

Pull up that picture?

I did.

And you're okay being a suspect?

I'm not a suspect.

That was Haley's point. That...

They should have taken
a more serious look at me,

just as they should have taken
a more serious look at Mr. Alves.

And they didn't. They just
had tunnel vision for your father.

So, Hen, uh, your mom told me

that you saw me and...

Me and Elena Alves at school.

And I'm really sorry about that.

I behaved incredibly badly.

It was repugnant of me

to allow you to
witness anything.

I think we're gonna win.

Do you?

I, I don't know.

Thank you.

I don't... I don't know,

but I think we might have
made a colossal mistake.

I think Mr. Alves is
obviously very sympathetic,

and there's no real evidence
to show his guilt. So...

Did you mean what you said?

If we survived this far,

we can survive anything?

I said that?

Oh.

If we can survive this trial,

I think this family can survive.

- All right, but...
- Don't you?

Well, I...

- We need to talk about that another time.
- No.

I want to talk about it now.

No,
we're not talking about it now.

- It's not the time.
- You tell your patients

that marriages can go on,

- even after somebody cheats.
- Henry, come on.

You tell them that marriages

can even sometimes
grow stronger.

- Is that a lie?
- I said it's not the time.

- Is that a lie, or do you believe that?
- Henry, stop. Stop. Shh.

You would never
cheat again. Would you?

- No. No.
- You would never cheat...

- See? See? - Henry.

We can still be a family.

Uh, you know,
we could even get a dog.

Finally.

I'll take care of it,

so you won't have to worry
about what happened before.

What do you mean?

What do you mean?

I asked you a question.

What do you mean?

Mom told me about the dog thing.

About your family blaming you.

Well,
she shouldn't have done that.

Uh, you know,
I'm gonna get some air.

What did I say?

Mom, what did I say?

It's all right. Just wait here.

Jonathan.

Jonathan!

I'm sorry. It was just
the stress of it all. I, I...

Taking its toll, I suppose.

I don't believe you.

What was that about?

Jonathan, what...

was that about?

I, I didn't kill the family dog.

We never had a dog.

I had a sister. I, I...

I, I killed the family sister.

What?

Katie.

Um,

Katie the Kitten, we called her.

Um, I was babysitting her.

I was 14. She was, uh,

four.

And, uh,

somehow she sneaked
out of the house

while I was in the
kitchen making a...

a cheese and tomato sandwich.

I heard the sound of the brakes,

and then, um, another sound

that I will never...

uh, get out of my head.

Your sister got hit by a car?

It was your sister?

You should add
that to my list of lies.

Except I also tell
myself this one.

You know,
that it wasn't my fault.

That, uh,
it was just an unfortunate thing,

but, of course,
it was my fucking fault,

because Katie...

Katie the Kitten was
put under my charge.

And she...

And she got hit by a car when
I was making myself a snack.

How is it you have
never told me this?

Because we don't...
We don't talk of it.

You know. Ever.

Ever.

It's probably, uh...

why I went into
pediatric medicine.

I don't know. You're,
you're the shrink.

You know better than me,
but, uh, I will tell you this.

Every... every patient I treat,

every s-single one...

Is... is little Katie.

Yeah.

All this time,
he was carrying that burden,

and I never saw.

In your professional opinion,

is a past trauma like that

likely to render a person

more compassionate?

Or more psychotic?

I tried calling his mother.

A few times.

And she never returned.

Even his family doesn't want
to have anything to do with him.

Turn, please.

- -Security guard: Thank you.

Turn, please.

Thank you.

- - Morning.

- - Turn, please.

- Thank you, sir. - Yeah.

Turn, please.

After she hadn't come home,

or replied to any
of my calls or texts,

my son Miguel,
he went to check on her.

I,
I thought he'd gone to school.

I was just having a busy morning

with the baby. She wasn't there,
so,

I told him to just go on.

See himself to the
bus. And he didn't.

He went to see his mom.

He went to the studio.

Yes.

And then you went there.

Yes.

After he'd come back.

He was...

crying, screaming.

- And so you went there, and...
- Yeah.

What did you find?

It's...

Elena.

My wife.

She was just lying there.

There was just blood everywhere.

Her face,

head. They were like mush.

So you called the police?

Yeah. I called the police,
and...

ambulance.

Thank you.

Mr. Alves.

I cannot imagine your pain, sir.

That's a lie.

I'm sorry?

You feel nothing for me.

Or my pain.

You tried to blame me.

I actually didn't.

I simply tried to point out

that you cannot be
eliminated as a suspect.

That others cannot
be eliminated.

For that, you should direct your
contempt to the police. Not me.

- Objection. - Sustained.

See, my wife is dead,
and, and you're just...

playing games.

That's it.

You disgust me.

I don't mean to
incite your rage.

You spoke of your love of Elena.

You loved her very much.

She was everything to me.

I'm sensing that.

But you weren't everything to her.

And there were other men.

- Including my client.
- No, no, no.

There were no other men.

He was the only one.

- How can you know that, sir?
- Well, because I do.

Did you know that she was
romantically involved with Jonathan?

Elena was able to keep
part of herself from you.

Maybe that's why she
kept a separate apartment.

To keep part of her separate.

No, that's not what that was.

That was an
apartment for her art,

because she was an artist,
and...

And she needed to focus
and she needed to work.

That's what that
apartment was for.

It wasn't just for her art.

She'd been using it to
have an affair with my client.

Did you know, sir?

Did you know, sir?

Not at first.

But at some point?

And at some point,
you learned that your daughter...

That my client was
the biological father.

That must have been
an awful thing to learn.

Forgive me, but I have to ask.

Was your wife receiving
any psychiatric treatment?

Objection.

Overruled.

Was she?

- Yes. - What for? Do you know?

You are vile.

My question only goes to who
else could have possibly done this.

We cannot rule out
that she saw other men.

That maybe one such man

had the capacity for
explosive jealousy,

- or violent rage. - Objection!

These are the very
questions you'd want the police asking.

- Am I right to find out who did this?
- Your honor...

- He did this! He did this!
- Your, your honor, may I approach...

Mr. Alves,

are you receiving
any psychiatric help?

- Objection!
- I don't mean to be insensitive.

Well,
you're doing a great job of it.

You have put this
witness on the stand.

- Your honor, may I approach?
- It's cross-examination.

Mr. Alves,
what you have to be going through,

are you getting any help?

Your honor...

How do you think it's going?

Your objective opinion?

Look, to, to me,

it's more likely
than not that...

that Jonathan did it.

But more likely
isn't the standard.

It's beyond all
reasonable doubt.

That puts you ahead.

That,
and he has the best attorney

money can buy. So...

Grace, I...

I probably shouldn't ask you this,
but...

What are you actually thinking?

Yeah. You shouldn't ask that.

Another reason I
couldn't have done it.

I loved her.

Quite madly.

Not something I could say to Grace,
you see.

It didn't diminish my love
for my wife. It was just, uh...

different.

It's going well,
but you'll need to testify.

We need to account
for why you fled.

Only you can do that.

Don't pretend to be honest,
because you've told too many lies.

Don't pretend to be a good husband,
a decent father,

because you are
arguably neither.

We don't need to
give them a good man.

Just someone who
didn't commit murder.

Janet.

Hello.

Grace.

- What time is it there?
- It's four a.m.

I couldn't sleep, so,

I thought I would use
the time to return your call.

Well, thank you.

Thank you. I'm sorry it's...

been so long since we've...

Since the wedding, Grace.

We haven't seen each
other since the wedding.

Jonathan's doing, I realize.

How is he?

I can't imagine well.

No. None of us are doing great,
so...

Is. - I'm sorry?

None of us is doing great.

"None" is a
contraction of "not one."

It's singular.

The verb is singular.

And, um, Henry.

He must be looking like
a grown man by now?

He's getting there.

I've sent you some pictures,
but, uh...

Grace, I don't blame you.

It was Jonathan's decision

to no longer be
part of his family.

A decision he made
long before he met you.

Well, I'm just trying to piece
everything together right now.

You can probably understand.

Yes, I can.

I just...

learned that Jonathan
had a younger sister.

Katie.

And that he feels
responsible for her death.

As he should.

He was responsible.

He allowed a four-year-old

to wander out
onto a busy street.

Where she was struck dead.

That must have been
unspeakably awful.

It was.

Janet, um...

The grief and the guilt,
and, and...

Jonathan growing up with that.

Did he ever get
professional help?

He did not.

He suffered from neither.

No guilt, no grief.

We kept waiting for it.

We, uh,
surrounded him with family support,

certain that once
the shock wore off,

the suffering would begin.

But, it never did.

Jonathan doesn't
know how to suffer.

After his sister was killed,

he never even said he was sorry.

After his sister was killed,

he never said
another word about it.

He just went on living here,

until he was old
enough to leave,

and never come back.

Which is what he did.

Her name was Katie,
and he was responsible.

- ...that he allowed her to wander out of the house...
- She was four.

And that after,
he suffered neither guilt nor grief.

Grace, I want to be very clear.

I want to understand
exactly what you're telling me.

You're saying that
Jonathan's mother

said he suffered from neither guilt,
nor grief.

In essence, his own mother

identified him as a sociopath.

Yes.

Jesus.

I'm willing to testify. I'm
just gonna tell the truth.

But what is your truth?

Could he have gone there
that night for some reason?

Are you actually
accusing our son?

Should this come to light,
it is game over.

You discovered Elena
Alves. You didn't call the police?

I panicked. You see.
I panicked. I panicked.

Do you swear the
testimony you're about to give...

is the truth, the whole truth,
and nothing but the truth?

You should be ashamed!

Please answer
the question, doctor.

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