All language subtitles for Burden of Truth s02e05 Cold, Tired and Hungry.eng

That's him, that's my father.

They found skin underneath
his fingernails.

They're running the DNA.

We have an eyewitness account
of an Indigenous woman

fleeing the scene. That
plus broken glass at the motel.

He told me to go home,

and I followed him into the room.

We started fighting,
and that's how I got these.

- But then you left?
- Yes.

I'm ready to go to the station
and tell them what happened.

- Luna Spence?
- We were just

- going to come down to the station.
- You're under arrest

for the murder of David Hanley.

They think I killed him, but I didn't.

I swear. I swear I didn't do it.

I don't know how, but he's gonna
pay for what he did.

He's gonna get what's coming to him.

- [BEEP!]
- [VOICE MAIL]: Message deleted.

- [CAMERA CLICK]
- [MAN]: Step to your right.

[CAMERA CLICK]

Turn your head.

[CAMERA CLICK]

Face the camera.

[CAMERA CLICK]

Show me your arms.

[CAMERA CLICK]

[CAMERA CLICK]

[CAMERA CLICK]

[THEME MUSIC]

She's still being processed.

- You should sit down.
- No. We need to get in there.

They'll let us know
when we can talk to her.

Luna is alone. She's vulnerable.

Mercer's gonna try to exploit
that to get a confession.

He can't talk to her without us.

Look, things aren't gonna get
worse if you take a seat.

Don't. Don't make this about me.

- How is this not about you?
- Luna's the one in there.

Joanna, he was your father.

- I know you had your differences...
- Not now.

Some fresh-brewed
police-station coffee.

Here.

Oh.

[EXHALING] Might as well get comfy.

Oh! Yeah, we'll get you
something for that.

I'm not the bad guy.

I want the same thing as you.

Find out what happened.

Walk me through it. You help me, and...

I will help you.

I didn't kill him.

But you were there, right?

You argued,

things got heated, and
that's when he scratched you?

Yeah.

Alright.

No, thank you. Thanks,
thanks for the information.

Luna's show cause hearing got moved up.

Scheduled for this afternoon.

- If she doesn't make bail...
- She will.

If she doesn't,
where are they gonna send her?

Brockstone probably.

Brockstone is still in operation?

That place is brutal,
she can't go there.

We have to get her out on bail.

You went there to confront
him; what did he say to you?

I bet he said some horrible things.

How did that make you feel?

How do you think?

Look, I get it. I do.
Sometimes, you just gotta

speak up, push back.

He always had to win,

and now he's finally lost.

Did he have anything with him?

- How do you mean?
- I don't know.

Groceries? Bottle of booze?

- I can't remember.
- [DOOR OPENING]

- Luna, stop talking! Now!
- What is she doing in here?!

- Sorry. She barged right through.
- I'm here to speak to my client.

- Not finished my interrogation!
- It is her Charter right

to speak to me
before your interrogation.

It's OK, Officer, let her in.

We'll finish our conversation
after you talk to your lawyer.

No rush, you're not going anywhere.

[DOOR CLOSING]

I need to know exactly what you said.

I can't remember. [SNIFFLING]

It's like everything's a blur,
like I have been here for days.

OK, from here on out, you say nothing.

They need to know my side of the story.

- Shouldn't they know the truth?
- No. Not yet.

I know it's hard to
wrap your head around,

but the more you say right now,

the worse it's gonna be later on.

The next time we'll see each other
will be at your bail hearing.

We think that they're gonna
charge you with manslaughter.

- Manslaughter?
- It's the only thing they can prove.

You're a good student,
you have no criminal record.

This charge is an anomaly,

so we're gonna get you out on bail.

Whatever the cost,

you're coming home with me.

I'm sorry. She barged
right past the desk.

- I tried to stop her, but she...
- It's not your fault.

- I appreciate the effort.
- I'm just trying to do my job.

Look, you're obviously in a
compromising position on this file.

It's nothing I can't handle.

You're one of my best guys, Owen.

This past year, you've really
stepped up your commitment.

Hmm. Thank you.

But I need to remove you
from this case.

Sir, with all due respect,

but my closeness to this case
won't affect my judgement.

Yeah, yeah. I just
don't want to put you

in a compromising position.

- I'm not worried about that.
- I am.

It's for your own good, Owen.

Whatever you think is best.

I wrote everything down that night.

It's all here.

David Hanley was alive
after the argument I heard.

And what do you want to do with it?

Well, I want to take it to the police.

I mean, they need to hear the
full story. This is evidence.

- Let me see.
- [INDISTINCT SONG PLAYING SOFTLY]

Oh...

I suppose a lot of that is about me.

I started journaling
during my cancer treatments.

The doctor said it would help me
with my darkest fears.

I was mad at you.

Most of what I wrote were things
I wanted to say to you.

[SIGHING]

Well, I guess I can't
blame you for that.

I never thought journaling would help

someone get out of jail.

You don't want to get
mixed up in this, Taylor.

Dad, she's my friend.

I believe her.

I have to do the right thing.

I know she didn't kill David Hanley.

I still can't believe he's dead.

Did you know that he was there
the day you were born?

He was helping us with
the refinancing of the mill.

And he looked at you, and he said,

"Things may be scary,

"and things are gonna change,

but you have to be brave
from here on out, for her."

I thought I was.

I thought I knew how to be a good dad.

But all I know now
is not to get in your way.

Then don't.

[MAN]: All rise.

Please be seated.

All right. We have before the court

a show cause hearing for Luna Spence.

Is the Crown ready
to present their summary?

We are, Your Honour. Thank you.

Um, on the night of June 5th,
some time after 8 p.m.,

witnesses overheard an
argument between the victim

and the accused, Luna Rose Spence.

As the argument escalated,

the victim defended himself
scratching the accused.

This is corroborated by DNA evidence,

retrieved from the victim's fingernails

that matches scratches
on the accused's arm.

The accused refused to leave.

She grabbed an unopened
glass bottle of liquor,

striking the back of the victim's head,

fracturing the occipital bone

and rupturing the
posterior meningeal artery.

This was a violent crime of passion.

The accused may not
have gone there to kill,

but she wanted him to die.

Therefore, the Crown seeks a
charge of second-degree murder,

and the right to detain
Luna Spence without bail.

Thank you.

Your Honour, my client has
no previous criminal record.

She has cooperated with
this investigation,

but she denies the facts
as presented here.

She is an exemplary student,

a community volunteer and

a cherished daughter,
sister and friend.

Denying her bail is a
severe punitive measure.

We request that the court
return her to her family

and to her community while
she fights these charges.

Your Honour, when the
accused was apprehended,

she and her mother
were in a state of departure.

And her girlfriend, Molly Ross,

was the recipient of a
substantial financial settlement

giving her the means and motive
to escape jurisdiction.

She should be considered a flight risk.

Given the chronology and the
opinion presented by the Crown,

bail is denied. The
accused will be remanded

to the Brockstone
Detention Centre to await trial.

It's overwhelming, but they're throwing

everything against the wall.

They made my little girl
sound like some psycho killer!

At a show cause hearing,
they can say anything,

spin the facts however they want.

What happens next?

We get to work proving her innocence.

I'm not a lawyer,
but you representing her

seems like a conflict
of interest to me.

I'm within my legal right
to represent Luna.

You should go home, get some rest.

[SCOFFING] Yeah, good luck with that.

There's nothing more to do
right now. Just legal stuff.

We'll call you the second that changes.

OK.

Are you sure you're up for this?

The Manitoba Bar Association
might lay a heavy fine on me,

- but by then, Luna will be free.
- That's not what I meant.

I'm talking about a criminal lawyer,

one with real trial experience.

I'm trained and highly qualified

- in all areas of the law.
- I don't doubt that...

There is nothing that I won't
sacrifice to free my sister.

I'm just wondering if there's
not a more suitable candidate.

There's not!

Name one lawyer

who will outwork me on this case.

Right.

Every second Luna spends
in custody is too long.

[MAN]: Find me in my office.

We need to get all the evidence

and find a way to bring her home.

Meet me back at your office.

- Mr. Bennett.
- Ms. Chang.

I was hoping to acquire copies
of the Crown's evidence.

- Now?
- As soon as possible.

We literally just walked out
of the show cause.

And disclosure is triggered
upon the request of the defense.

Luna is innocent.

She doesn't deserve to
be in a detention centre.

All due respect,
don't you think you should

- slow down just a bit?
- I've been getting that advice all day.

I bet. We're still
processing everything,

I don't even have
copies of anything yet.

Please, she's my sister.

Oh.

I'm sorry. Um... OK,

this is my copy of the Crown brief,

and my office will reach out
to you with the rest of it

in a week or so. If you'll excuse me...

[BUZZING]

[WOMEN SHOUTING INDISTINCTLY]

- Hi. I'm Luna.
- Don't touch any of my stuff.

[MERCER SIGHING]

That's quite the read.

It proves that Luna's innocent.

I saw him alive,

and I record everything accurately.

I survive because of my precision.

Mm-hmm. So you're saying
everything in here is accurate?

Mhm. You've arrested the wrong person.

David Hanley was alive
after the argument.

Why did you come to Millwood
out of the blue?

To see my father. He sent me a letter.

Oh right, yeah, that's...

that's in here.

And you stayed at the motel
and... not with him.

Yeah.

I was mad at him,
I still am, but it's better.

Aw... Patch things up?

Um, after seeing the body,

everything else just seems so...

not important.

And you somehow ended up in the room

right next to Luna's father.

- Excuse me?
- On your drive to Millwood,

what did you and Luna talk about?

Lots of things. I don't
remember off the top of my head.

But you wrote it down, accurately?

- Yeah.
- Mm-hmm.

"She wanted to put 'Scum of the Earth'

"on her dad's gravestone.
With what he did,

I'd be happy to help her
bury the body."

You both drove to Millwood
to confront your fathers;

whose idea was it to kill David Hanley?

Her DNA was under his fingernails,

but that doesn't necessarily
put her in the motel room.

She told the police
she was in the room.

We try to get that thrown out.
We argue Maitland.

She didn't have time
and access to counsel.

Except in the Maitland case,
the delay was 48 hours.

That's worth a shot.

- What was she doing there?
- She told me that she went

to see Taylor and ran into my father.

- She didn't expect to see him.
- That leads to an argument.

He grabs her arm
to force her out of the room,

- scratches her.
- And she defends herself

with the first thing she finds.
We argue self-defence.

She swears that he was still
alive when she left the room.

We can't argue self-defence

if she denies being
there when it happened.

She swears that she did not kill him.

[CRICKETS CHIRPING]

We need a single exonerating theory.

If they can put her in the motel room,

we can't say that they argued

and then someone else
came in and killed them.

We need to give them
another suspect, find a story

that fits all the facts,
control the narrative.

Right now, we don't control anything.

[DOOR OPENING]

- Doodlebug.
- Daddy.

I got you.

I don't understand what's
going on. Why can't I come home?

Officer Mercer called me, and
he explained everything to me.

I didn't do anything wrong.

Sit down, Taylor.

You and Luna

driving back together,

they're calling that
conspiracy to commit murder.

"Conspiracy"?

We were joking.

I believe you,

but the police, um...

They're entering your journal

into evidence, honey.

What's gonna happen to me?

If you drove her to Millwood
and you had some plan,

they will charge you.

They can charge you with murder.

And now...

our lawyer's talking to them right now.

- Billy Crawford is my lawyer.
- No, he is not.

He's Luna's lawyer.

It's a conflict of interest, Taylor.

No, Dad. I wanna talk to him.

You can't.

You need to listen to me right now.

You could go to jail.

And now, they are willing
to stay the charges -

that's a good thing -

all you have to do
is testify against her.

I can't do that.

He was alive after she left.
Luna's innocent.

It's Crawford's job to prove that.

We need to think about you now.

CRAWFORD: Hey, Owen,
tell me you got good news.

A witness has come forward.

There's evidence Luna came to
Millwood to kill David Hanley.

No, I don't believe that.
She didn't plan this.

It's Taylor Matheson.

Mercer's saying they might
have done it together.

- Taylor and Luna?
- I don't know all the specifics,

but they're gonna upgrade the charge.

- She gives 'em premeditation.
- First degree murder.

Mercer's been grilling
Taylor all night.

- Got her to amend her statement.
- What exactly did Taylor say?

I don't know, but nothing good.

- Can we speak to Taylor?
- I'm sorry, Joanna.

I wish there was more I could do.

[CRICKETS CHIRPING]

If she gets convicted, that's 25 years.

We have to make sure that she doesn't.

We need to be realistic.

The Crown's case is strong,
and our responsibility

- is to explore all options.
- A plea deal?

Maybe.

She'd have a record.

- She's looking at 25 years.
- She's innocent, Billy.

What if she's not?

Joanna?

[BED SQUEAKING]

- [CLANKING]
- Will you be quiet?

[LUNA BREATHING AUDIBLY]

I couldn't sleep my first night either.

I imagined the stars on the ceiling,

just like back home.

Does it work?

Not really.

You know, this is why
I bought the place.

As a way of washing away
all the stress.

My dad used to take me
swimming around here.

You remember? There was a rope swing.

Yeah, it was down at the bend
by the old Irving place.

He was always pointing out
potential liability issues.

- Lawyers are the worst.
- [JOANNA CHUCKLING]

You know, at least,
he brought you out here.

In his own way, he was trying.

My dad, you couldn't get him
off his stool at The Boot.

I like to think that we'll be
different with our kids.

I think it's a generation
that will be better.

Won't we just screw them up
in a different way?

Probably.

If Luna takes a deal,

the cops will stop looking
for the real killer.

Joanna, they never looked
to begin with.

[SIGHING]

Are we really capable of doing this?

You've done criminal cases before.

Yeah. Bar fights, B & E,
nothing like this.

I got an A+ in Criminal Law.

It's first degree murder.
The victim's your father.

And what about the voice-mail message?

That's evidence. We destroyed it,

we are both compromised.

If we hand this case off
to another lawyer,

we'll have to be witnesses
against Luna. I won't do that.

We could lose our licenses.

My sister is facing life in prison...

my license isn't important.

I'm so glad that you decided
to reach out and discuss

a potential plea deal, Billy.
It's like you read my mind.

I'm just here to see
what you'd be willing to offer.

- No promises.
- Of course.

You know I like to avoid trials.

Yeah, they're expensive and...

they're really messy.
Kind of like my first marriage.

[EXHALING] Murder 2, she serves 10.

Those scratches were defence wounds.

- You could argue self-defence.
- Man 1.

18 months in a
minimum-security facility.

18 months?

You're upgrading
the charge to first degree.

We got a witness that can
give us prior utterances.

- Taylor Matheson.
- So that gives us premeditation,

and remember, we got that DNA evidence.

- And she's willing to testify?
- She doesn't want to go to jail.

You threatened her with charges.

She has a brain injury
that affects her memory.

She won't survive cross.

Man 1, 4 years,

minimum security.

OK. Take that to your client.

You know, if she considers it,
maybe I'll consider it too.

Hey, Billy,

I need an answer in 24 hours.

[BUZZING]

[CLANKING]

How are you holding up?

We're doing everything that
we can to get you out of here.

- Thank you.
- You're innocent,

so we just have to prove it.

You don't sound convinced.

Taylor Matheson, she's saying you...

Taylor told them
that you were planning it,

that it's why you drove to Millwood.

She's lying.

- Why would she say that?
- Luna...

- I didn't kill him.
- I know.

[KNOCKING]

Taylor Matheson is
no longer in custody,

but Duffield asked me to help
him with her charging papers.

He shouldn't have done that.

Forgot to tell him
you were off the case.

- Why are we charging her?
- We're not.

Yet. We're just crossing our T's

in case she doesn't cooperate.

Either way, it's not your problem.

Maybe it is.

Well, I'm just not sure

it's right threatening
an innocent girl with jail.

How do you know she's innocent?

They drove here together.

Thelma and Louise.

It's not your problem.

[INDISTINCT CHATTER]

You're ready to take
these juggernauts down?

I don't know. Sports are
kind of more Molly's thing.

Who's Molly?

Uh, my girlfriend.

Cool.

Here's hoping she hangs
in there for you.

- What?
- Nothing. Just...

tough on a relationship, this.

Come on.

OK, game on!

Hey, hey!

- [HIT]
- Argh!

- What the hell?!
- Yah!

You OK?

Offensive foul! Our ball.

No way. The little bitch got in my way.

Hey!

- [GRUNTING]
- [WOMEN SHOUTING]

[CHANTING]: Fight! Fight! Fight! Fight!

Fight! Fight! Fight!

Fight! Fight! Fight! Fight!

Stupid bitch!

My dad's assistant sent

over his last banking transactions.

- It's the same ones they sent the police.
- What am I looking at?

3 p.m. He made
five consecutive withdrawals

- of $1000 each time.
- Is that unusual?

My dad loves cash, but that much?

Maybe he was paying someone off.

9:45 p.m.: purchase at the Liquor Mart

made with his corporate card.
One bottle of McGachie scotch.

The murder weapon.

So, David was alive at 9:45 p.m.

No one saw his car leave the motel.

and it's at least a 10-minute
walk from the Liquor Mart.

That's right on the bubble of
when they say Luna killed him.

Still, doesn't prove she didn't do it.

I spoke with the Crown.

About a plea?

Four years. Gerrilynn's
discussing it with her now.

- I should be with them.
- She needs her mother.

- Owen.
- Hey.

I'd do anything for Luna.

I'll leave you to it.

[PATIO DOOR SLIDING OPEN AND CLOSED]

I don't think you should look at these.

Luna's freedom is
the only thing that matters now.

You OK?

You need to stop asking me that.

What happened to you?

It's nothing.

It's not nothing, sweet pea.

I can't lose you in here.
I lost you once already,

and I'm not doing it again.

When did you lose me, Mom?

You were 4,

and we got separated
at the Giant Tiger.

- You don't remember?
- Yeah, I remember the story.

I found you at the cashier,
and you had filled

a cart full of things
we couldn't afford.

- You're always my little dreamer.
- Yeah.

Not anymore.

I don't belong here.

Everybody looks at me like I'm guilty.

Oh, that's how they see us.

If they even see us at all.

I can't imagine
what you're going through, baby,

but I see you.

I know you're innocent,

but, uh...

there's a deal.

It's an offer. Four years.

I plead guilty?

The deck is stacked against you,

against people like us.

You'd start counting down

the four years tomorrow.
You could finish your degree.

You want me to say I did it?

I just want you home.

I never thanked you for earlier.

I didn't do it for you.

[WHISPERING]:
How do you survive in here?

[WHISPERING]: I'm still
waiting for my trial.

[WHISPERING]: How long
have you been waiting?

[WHISPERING]: Almost three years.

My case has had delay after delay.

[WHISPERING]: Have you never
considered a plea bargain?

Turned it down

on my lawyer's advice.

He was legal aid.

During the preliminary hearing,

he was playing solitaire on his phone.

You get what you pay for.

[WHISPERING]: My sister's my lawyer.

[WHISPERING]: Maybe you have a chance.

[WHISPERING]: I know
she'd never give up on me.

That sounds like hope.

I miss that feeling.

We ended up replacing everything.

I'm not sure
what you're hoping to find.

Thanks.

[LUNA'S VOICE]: I just pushed my way in

He wanted me to leave, but I wouldn't.

He told me he gave my mom money.

I told him I hated him,

but he just stared back at me,

disgusted that I even existed.

[CLEARING HER THROAT]

The fight took place
at the foot of the bed.

Dad...

David Hanley stood at the door

attempting to contact the police.

The accused pushed past the victim

heading out the western egress.

into the parking lot.

I bet you needed a drink after that.

[SOBBING]

We don't get a lot of time, Molly.

I don't know what to say.

It's me. Just talk to me.

[SIGHS]

Molly, there's a deal.

- If I plead guilty...
- But you didn't do it.

- Doesn't matter.
- Yes, it does.

You can't say you did it
when you didn't.

If they find me guilty,

I'd get 25 years. I could be out in 4.

4? That's 4 too many, Luna.

You're right.

You're right.

Whether it's 25 years or 4,

we're not gonna survive this.

What?

We're not gonna make it
through this, Molly.

Are you breaking up with me?

Your life got suspended once already.

I can't do that to you again.

- Luna! You are!
- In a few years from now,

when we're still sitting
in the same disgusting room,

- you're gonna resent me.
- Never.

And I wouldn't blame you, Molly.

I think you should go.

No. I can't do that.

Baby, baby, it's me.

- Luna...
- Don't.

Just go.

- No.
- GET OUT!

- Guard?
- Baby... No.

Baby, don't.

[SOBBING]

- [SOFT ROCK MUSIC PLAYING]
- [ELECTRONIC DOOR CHIME]

Hi. I was wondering if I could look

at your security camera footage
from Tuesday?

Uh... no.

- I am a lawyer...
- We erase it every 24 hours.

Anything else I can help you with?

[INDISTINCT SONG PLAYING]

Yeah. Can I buy a bottle
of McGachie, 16 years?

The door on the parking lot side
was locked, so...

either he knew the killer, let him in

and then locks the door or...

...the killer was already
inside the room.

You were waiting for him to leave.

[INDISTINCT SONG PLAYING
IN THE BACKGROUND]

- Can I get you anything?
- Were you working on Tuesday?

The night that all
the cop cars showed up?

Yeah, yeah. The murder.

- Did you notice anyone unusual?
- Tuesday's usually pretty slow.

There was a weird girl though.

Sitting right around here actually.

Her leg was going
like a sewing machine.

I thought she was gonna
sneak a drink, so I ID'd her.

- And that was unusual?
- No, but the ID stood out.

It looked fake. From California.

Was that the woman that you saw?

No. That's the girl the cops showed me.

Definitely wasn't her.

[BUZZING]

Are you gonna take the plea?

You don't think I should?

It's your decision, Luna.

There was another woman.

She might have been waiting for him.

It's just a theory.

I know I didn't do it,

which means someone out there did.

- If anyone can figure it out...
- I will search

day and night if that's what you want,

but I can't guarantee
that I will find anything.

I don't know what to do.

OK. On paper, this plea

is pretty simple math: 4 years
is objectively fewer than 25,

if you're convicted.

OK.

What are my chances at trial?

No, I won't wager on your life, Luna.

It's a strong case.

But if you take the plea,

you will always have a record.
That doesn't go away.

And it will change you.

I'm scared.

I want you to know

that whatever way you go
with this, I am here for you.

- OK?
- [SOFTLY]: OK.

I will be in that courtroom today

right by your side.

[MAN]: All rise.

- [DOOR CLOSING]
- Please be seated.

I understand a plea agreement

has been reached between
the accused and the Crown.

It has, Your Honour.

We are recommending
a charge of manslaughter

with a custodial sentence of four years

to be served
in a minimum-security facility.

If there's anything you'd like
to say before the Crown

considers the plea agreement...

I didn't do it.

- [PEOPLE WHISPERING]
- [JUDGE]: Excuse me?

I didn't kill David Hanley.

To clarify for the court,

are you rejecting the arranged deal

and entering a plea of not guilty?

I am not guilty.

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