Presumed Innocent – S01E03 – Discovery | Transcript

Rusty learns of the evidence against him. Barbara looks to protect herself and her family as new secrets emerge.
Presumed Innocent - S01E03 - Discovery

Presumed Innocent
Season 1 – Episode 3
Episode title: Discovery
Original realease date: June 19, 2024
Stars: Jake Gyllenhaal, Ruth Negga, Bill Camp, Elizabeth Marvel, Peter Sarsgaard, O-T Fagbenle, Tate Birchmore, Renate Reinsve, Chase Infiniti, Lily Rabe, Nana Mensah, Kingston Rumi Southwick, Matthew Alan

Plot: Rusty learns of the evidence against him. Barbara looks to protect herself and her family as new secrets emerge.

* * *

[line ringing]

Who is this? [panting]

Who is this? Are you gonna answer me?

Who the fuck is this? Fuck.

[line beeping]

[breathing deeply] What the fuck?

[door opens, closes]

Rusty, who was that?

[Rusty sighs]

Saw you where?


I’m assuming that they mean Carolyn’s house…

the night of…

I wasn’t there to kill her.

[inhales sharply]


[sighing] God.



[exhales sharply]

[Carolyn exhales shakily] Rusty, this is not you.

[breathes shakily]

Rusty, this is not you.

You don’t fucking know me.

[Carolyn gasps]

You don’t know me.

And you don’t know what’s in me!


[Rusty grunting]

Wake up, Raymond!

[alarm blares]

[sighs, groans]


[breathing heavily]

[rain pattering]


[Lorraine] You think he’s guilty.

[stammers] It was a dream, Lo.




You dreamt he’s guilty, which can mean something.

Dreams often point to the truth.

Hey. You know, you being on my side would be nice.

Maybe we can try that?


You think I am not on your side?

Raymond, I am worried about you.

The glare that comes with this kind of case, the pressure.

Listen, I understand your thirst for relevance,

your need to get out of bed in the morning and have something to do to stave off…

[sighs] What is it you call it?

My decomposing rot.

Yes, your decomposing rot.



With your best friend as the defendant.


should you lose, a good chance from what I see and read,

Rusty spends the rest of his natural life in prison,

which you will very much take to heart.

Maybe you can live with it just fine,

but I doubt it. [slurps]

Then, there’s the alternative.

You win.

Rusty didn’t do this.

{\an8}[reporter] Rusty Sabich, the only suspect in the grisly murder of Carolyn Polhemus,

is currently out on bail

and isolating with his family in their home.

There’s human trash outside. [sighs]

Don’t they have actual news to report?

Uh, we are actual news.

Mmm, people love true crime.

It’s a ratings thing.

[phone vibrates]

[Jaden] Thank you.

Here you go, sweetie. [sighs]

[Raymond] So you have no idea who sent it?

It could very easily be a trick, or it could be some…

semi-clever reporter.

So this individual knew that you were there the night of?


‘Cause I didn’t.

I went there after work.

So the two of you weren’t quite as over as you led me and others to believe.

No… [stammers] We were over.

I-I went over there to try and change that.

[sighs] And did you?

[footsteps approaching]


Lorraine, hi…

I think you should just hand it over to the police.

Hold on. Don’t you wanna know what this is about?



It could also just blow up in our face.

What about Rigo? Can’t she take it?

No, no, no.

I’ve asked her to do too much already. I can’t ask her.

If you do this,

you have to assume that the person you’re meeting

is gonna be wearing a wire.

So whatever you say, I strongly suggest that you…


You keep it simple, clean. Watch your words.

Definitely don’t say that you hit Carolyn on the head with a poker.

[inhales deeply] I’m gonna take on an associate,

someone who’s done defense before.

She’s young. Her name is Mya Winslow.

How do I know her?


She’s good. She was at Sandy Stern’s.

More importantly, she’s a woman, which we need on this.

She’s gonna run point on forensics, so we also need to assemble that. [sighs]

Listen, let’s talk strategy for a minute, okay?


[Raymond] If we’re gonna go alibi on this, we need to file on that. Give notice.

So, you think we might go alibi?



And I mean, we don’t know what time of the night she was murdered.

I mean, maybe we could say that she was killed when I went to the…


Let’s just wait for all the facts to come in…

before you start crafting responses.

Mrs. Sabich. Barbara, did your husband commit this murder?

Do you hate Carolyn Polhemus for sleeping with your husband?

Mrs. Sabich. Mrs. Sabich, we wanna know how you’re fee…

[reporters clamoring]

[employer] You know what this is, right?

[Barbara] What?

Why I’m here on a Tuesday?

Yeah, we’re talking about, uh,

the fire marshal for Marty’s thing, right?

I need you to take a step back.

[sighs] What does that mean?

I came in through the same door you did.

[reporters clamoring]

Kate. It’ll blow over.

We live in Chicago. There’s, like, a new dead body every 18 seconds.

You haven’t been well.

I sold a piece two weeks ago, Kate.

No. You sold a piece five weeks ago,

and Aminata’s pieces sell themselves.

Take some time.

Are you really doing this?

I-I’m not firing you, so don’t get heavy.

I’m saying…

take a break… [sighs]

and take care of yourself.

And keep my distance, huh?

Yeah. [chuckles] And that, yeah.

Kate, I really need this job.

I need every distraction I can get right now.

It’s a distraction that doesn’t work for us.

Take some time.

Word of advice?

Why not.


You’re not “we.” You’re not “him.”

[footsteps departing]

[“Undertow” playing]

[Barbara] Sam Malone used to cut lemons. [sighs]

What was that?

Sam Malone from Cheers.

Cut lemons all the time. Always cutting lemons.

You’re probably too young to remember Cheers.

I know Cheers. I love Cheers. Ted Danson.

Why do you think I’m cutting these lemons?

Gold star.


You okay?

Not really. I just lost my job.

[bartender] Shit. Sorry to hear that.

And my husband’s on trial for murder.

Murdering his mistress, no less.

Oh, shit. Yeah.

Um, what’s his fucking name… Ronnie? Ricky?


Rusty. Wow. Yeah, you’re going through a lot.

Yes, I am.

Did he? Kill his mistress?

Jesus. You don’t have to answer that. I’m…

That was out of line. Sorry.

[chuckles] Not really.

It’s the question everyone’s asking.

Mm-hmm. What’s your answer?

He did not do it.

Beautiful women tend to have a lot of enemies.

You must have a few yourself.


I see what you did there.

[bartender] Yeah.

Thank you.

Would you like another?

I better not.


[thunder rumbling]

He’s cute.

He is handsome, yes.

But… [sighs] I don’t know, I like talking to him.

Mm-hmm. He made you smile.

Maybe you should have a little adventure.

[scoffs] Please.

And-And with the media following my every move?

They’re stalking me.

Oh, honey, they’ve already moved on.


They’ve got their footage, and they’re on to the next dead thing.

It’s a perk of living in Chicago.


I don’t know.

It’s good to see you smile.

You’re young, you’re beautiful. You should feel that way every day.

You are under so much pressure.

Are you seriously suggesting I engage in a little…

extramarital revenge sex with a bartender I just met?

I am suggesting that you tend to yourself.

An escape hatch of some sort to help you get to the other side of this.

I mean, not now. I get it, with everything going on.

But at some point.

I admire your fight,

your commitment to be in love, to stay in love with the man you married.

Rusty isn’t the man you married.

Let’s face that.

[thunder rumbling]

[Tommy] I directly told you to stand down, Detective.

And I have.


You and Rusty went to visit Liam Reynolds in prison.

Oh. That was on my own personal time.

You think this is funny?

Why would I waste funny on somebody with no sense of humor?

You know what is funny?


Fucking hilarious, actually,

is that you’re not looking at Reynolds for this.

Carolyn was tied up like Bunny Davis, details not in the public domain…

Liam Reynolds is incarcerated.

So the fuck what? He threatened her. He had a motive,

and you won’t give it so much as a look-see.

Listen, Detective…

Or, what? You’ll fire me?

Two weeks into your new job? I think not.

Have the whole union up your ass.

Or maybe not. I keep forgetting that you’re popular.

Detective Rodriguez, I’ll walk you out. [clears throat]

If I may, you are off this case.

You will not impede it, you will not obstruct it.

And I play poker with your union boss, by the way.

Terrible fucking poker player. [chuckles]

You guys just want it to be Rusty so bad, don’t you?

Our only pursuit is justice.

Just be sure you do not stand in that path.

Thank you.

Hey. Can you do me a favor?

I need you to go down to the ME’s office,

pull all the files on the Bunny Davis case.




[keys jingle]

[rain pattering]

[thunder rumbling]

[metal clangs]

[building creaking, groaning]

[creaking continues]


Michael, you asked me to come here. What do you want?

Why did you kill her?

I didn’t kill her.

I had a relationship with her,

and I will tell you anything that you wanna know about that.

Michael, I wanna find out who killed her just as much as you do.

Yeah, well, that’s funny. ‘Cause I have pictures of you.

You have what?

I have pictures and videos of you on the night she died.


Her house!

Michael, you have photographs of her that night?

Answer me.

You have photographs of that night?

You have photographs of other people going in and out of her house?

You were literally the only one there.

Well, I guess, uh, seems like you were there that night too.

Shut up!

Did you think this through?

Were you there other nights?


[Rusty] If you have photographs,

you need to make sure that you give them to me,

or you give them to the police.

I already gave them to the police. I met with the district attorney.

Then why are we here, Michael?

I wanted to see your face.

See your face? Why? I don’t buy it. [scoffs]

I don’t know. It was a very strange conversation,

and the kid is very clearly troubled like you said, but…

but look, at least we now have evidence that I wasn’t the only one there.

[Raymond] Are you sure he wasn’t wired?

If he was, I was careful.

Mya Winslow, Rusty Sabich.


I asked Mya to join us for the status conference.

We gotta get your appearance filed.

Already done.

[Raymond] Excellent.

It’s a pleasure to meet you.

Though not under these circumstances.

You can just observe on this one, nothing to say.

You, keep your mouth shut. Not a peep.


This is my show. Don’t fuck it up.

[Carolyn] You’re fucking it all up.

[sighs] You’re fucking it all up.


That falling-in-love part.

That we promised not to.

I don’t think that you can control that.

Some things you can control.

And I have to be the one to-to… to control it.

[Tommy] Tab one. Evidentiary exhibits.

Uh, path and lab reports you’ll find behind that in tab two.

That section is still incomplete but is being updated daily.

To be completed when?

Uh, we’re hoping ten days, Your Honor.

Photography and video exhibits follow in tab three,

also to be completed forthwith.

We’re still gathering, including street and city cams.

Medical findings in tab four,

and scientific exhibits and analysis…

[stammers, sighs]

behind it in tabs five and six. What’s the problem?

Just hold on a second.

You’ve got me down as a witness.

[Tommy] We do.

One of the charges is obstruction of justice, Raymond,

and Mr. Sabich impeded this investigation.

In fact, he compromised it, and you have information about that.

This is a stunt.

[Nico] No. Sorry. Just very quickly,

you took this post as counsel

while in possession of information that’s material to the charges.

You should’ve known better.

Mr. Delay Guardia.

Y-You’ve also got down Dr. Rush, my client’s psychiatrist.

[Tommy] We anticipate that some of the subject matter

might qualify as privileged,

and Dr. Rush would be free to claim that exemption should it apply.

It will be.

What do you mean, “should it apply”?

You’re gonna ask her to come in, she’s gonna assert privilege,

and then he’s gonna paint it like we’re hiding information.

We will honor privileged information.

Withholding evidence.

[Laryn] Gentlemen, we’re not getting off on a good bunion here.

We have a case to present. I would submit Your Honor will let us do so.

When I took this job years ago, I had a mentor.

He told me, “Every trial is a bit like a hemorrhoid.”

Hemorrhoids don’t typically bother me.

I can even enjoy them when properly managed.

I’m not enjoying myself now.

This trial will be about evidence and law.

What it won’t be about is gamesmanship. Do I make myself perfectly clear?

[Raymond] Clear.

Well said. Thank you.

May I also remind the court

that the prosecution has a duty to turn over all exculpatory evidence.

[Tommy] We’ve done so.

[Raymond] You have?

[Tommy] We’ve turned over all exculpatory evidence

per our duty as officers of the court.

So if you had evidence, say,

that someone else might have motive to commit this crime…

There’s no such evidence.

Or you may have evidence, say, that someone else was there that night,

maybe someone with a camera taking pictures and videos.

Mr. Molto?


Yeah. I-I got it. I got it.

[Raymond] Is that…

[Tommy] We just received photographic evidence

that we’re still in the process of authenticating.

Once that authentication process is complete,

we will share it with counsel.

Who proffered this photographic evidence?

The victim’s son.

[Raymond] May I ask when it was proffered?

[Tommy] We are in the process of analyzing it.

And any disclosure would be premature.

Oh, I see. I see. Hey.

You are gonna turn over that evidence today,

to defense counsel and to me,

so we can all properly analyze it together. Sound good?

And, Mr. Molto,

we are ten weeks from trial.

If you choose to hide anything else from either defense counsel or this court,

I suggest that you not stick it up your ass

’cause that’s the first place I’m gonna come looking.

[Rusty] Raymond was in his element. You know, he was on fire.

And Tommy was in his element.

[Jaden] Mmm.

[Barbara] Bet he was.

The judge granted our motion to access the scene,

and that’s not something that the defense usually gets.

[Jaden] So a good day then?

[Rusty] It’s a good start.

That’s good. Maybe we’ll win,

and it’ll be so great that reporters will say,

“Rusty Sabich, you just won the Super Bowl of murder trials.

What are you gonna do now?” [sighs]

And you’ll say, “We’re going to Disneyland.”

I would like to know what evidence they have against you.

Jaden, not at the table.

[Jaden] Yes, Mom. It’s everywhere.

[Barbara] Not at dinner.

[Jaden] It’s on the news, at school.

[Barbara] Not at…

I just wanna know what is what.

What exactly do they have?

Mmm. Thank you.

[Rusty] Um… [clears throat]

it’s circumstantial.

Nobody’s gonna be called to the stand to say they saw me kill her

because I did not kill her.

But I was there that night, and my DNA is all over her apartment,

and her DNA is all over my car.

And they’re gonna say that I was obsessed with her

because there are many, many, many texts between me and her.

Mostly from me in those last few weeks.

And obviously, there’s the evidence that she was pregnant with…

And the fact that she was tied up like a… [stammers] a prior victim.

The killer must have had information that wasn’t available to the public.

Carolyn and I were the only two most privy to that information,

so they’re gonna make the argument

that I was in a unique position to make it look like somebody else did it.

It’s circumstantial, and in a lot of ways it’s a stretch,

but it’s-it’s damaging.

And all the evidence, no matter how circumstantial,

points to me.

[inhales sharply]

And a plea?

I mean, have you thought about that?

A what?

[Kyle] A plea.


A guilty plea? Why… What, do you think I did this, Kyle?


I’m just saying, if they offered manslaughter…

Why would I take a plea for something that I did not do?

[Barbara] Rusty.

To avoid a life sentence. Manslaughter’s eight years.

Oh, honey.

[breathing heavily]

[no audible dialogue]

[no audible dialogue]

[heavy breathing continues]

[knocks on door]

[Barbara sighs]

He thinks that I did it.

Rusty, he does not think you did it.

Then why would he ask me to plead guilty for something

he thinks that I didn’t do?

Because he’s scared.

The kid is terrified.

That they could put you away forever. [sighs]


Do you think that I… that I should?

Does Jaden?

Do you think that I should accept a plea bargain?

Rusty, no one in this family thinks you should accept a plea bargain.

Kyle was just…

Honey, he was just thinking aloud.

He was thinking that I should plead guilty for murder.


Honey, everyone is scared.

[breathes shakily]

Kate asked me to “step back” from the gallery.

What? Why?

Bad for business, I guess.

I’m sorry.

[Kyle] Dad?


I didn’t mean to say that I thought you did it.

I’m sorry, I just…

The way you made it sound with the evidence and the…

I understand.

I’m sorry.

Please don’t go. Please don’t… [stammers]

I’m sorry. [whimpers]


[“Obstacle 1” playing]

I think we should drop the obstruction charge.

[Tommy] Why?

We can make Rusty out to be a bad actor, but our burden is on homicide…


All right?

It’s-It’s a bigger hill to climb.

The jury are gonna want to get him, sure,

but the obstruction charge allows them to do that

without finding him guilty of murder.

I just think we just put one thing on the menu.

Right, but the abusive process charge

speaks to his attempts to impede the investigation,

which goes to his guilt.

Think about it.

That’s all I’m gonna say. Right?

Are you up to this? Trying this particular case?

Fuck yeah. Fuck yeah, I am.

See? It’s that. That response right there makes me nervous

because it speaks to a certain zeal that Raymond is gonna exploit.


Tommy, listen to me.


The words that shall attach to this prosecution are “methodical,

exhaustive, and fair.”

Words that shall not be associated are “vindictive, maniacal, and vicious.”

I understand, Nico. Just don’t talk to me like I’m a monkey.

Do you remember the first thing you said when I made you chief deputy prosecutor?

I believe I expressed my gratitude.


No. The first thing you said was, “The girls are sure gonna like me now.”

Turned out to be true.

I mean, there’s just a part of you, may-maybe it’s your essence,

which just needs this validation, this…

You know, to impress somebody.


And I know smart people with a persecution complex,

and-and some with a narcissistic complex.

Somehow you have both. It’s like a duplex.

Sounds expensive to fix.

You hate Rusty. That’s clear.

No, no.

No, I don’t hate Rusty. I… This is incredibly difficult for me.

This is not difficult.

It’s-It’s because all the-the slights and the digs and the nicks

and the… and the cuts, it… it eats at you.

You want another drink?


We need some hard evidence for murder.

That’s coming.

So the site visit at Carolyn’s is later today.

You feel up to that?

Yes. I will be there.


[Rusty] This fucking indictment.

What are you doing?

“Trespass with force and arms.” It’s just… It’s…

I mean, I’ve dictated this a million times,

but to read it about me is…

So I’ve called, uh, our friend Mr. Molto twice,

and I’ve left messages for him.

Well, if he doesn’t call you back, he’s gonna be in contempt.

I left the car open. I’ll be right back.

[door opens, closes]


Did you love her?

Did I what?


Did you love her?


I’m actually not really sure why that’s relevant. [scoffs]

Raymond has tasked me with building your narrative for trial

in case you should have to testify.


So he wants me to testify?

Well, just in case.

[clears throat]

Well, was it about lust?

Love? Both?


Okay, um…

[chuckles] …both.

[breathes deeply]

Do you remember when you first felt an emotional attachment?

Not when you first wanted to have sex, but…

Yeah. No, I understand.



We had a…

We had a case. Um, sexual assault.

The victim was a little girl.

These are twins. This is…

[Rusty] We’re not trained in kindness as prosecutors.

It’s not a prerequisite. [chuckles]

Can you tell me…

[Rusty] In fact, sometimes I think it’s trained out of us,

but not Carolyn.

[girl] I don’t know.

[Rusty] And that day,

there was something about the tenderness that she showed that fragile little girl.

This is Dell.

[Carolyn] Dell.

This is Perla.

[Carolyn] That’s a lot of people.


Are they friends?

They’re family.

They’re family?

So it might get a little scary in there, I’m not gonna lie to you.

But, um, I’m gonna be with you the whole time.

And then if you get too scared, then you can raise your hand like this.

[chuckles] Good. [sniffles]

And I can come over, and I can hold your hand.

We can stop whenever you want. [sniffles]

I can hold you,

and I can ask the judge if we can go for a walk.

And I’ll make sure that you’re always safe.

Do you think you can trust me with that? [sniffles] To keep you safe?

[chuckles, sniffles] Yeah?


You’re doing so good.

[Rusty] That was it.


I guess that was the moment.

When you crossed over the great I’m-gonna-fuck-up-my-life-forever divide.

Love isn’t what people tell you that it is, Mya.

I’m sure that I don’t have to tell you that.

But in my experience,

it’s just something that grows until one day…

you just find yourself needing someone.

That’s how it was with Carolyn.

So, yeah.

Fucked up my life forever… [sighs]

but I did not cross the other divide.

I would never have hurt her.

Somebody else did that,

and whoever that person is is having a good fucking laugh

while everyone comes after me.

[players, spectators clamoring]

[umpire] Full count, 3-2.


[umpire] Strike three!

He’s out!


[chuckles] This is beautiful.

You’re desperate.

[investigators chattering]



[Raymond] So we just got the big dump from Delay’s office.

Expect them to start burying us…

Do you want another one?

With discovery tonnage: documents, evidence, whatever,

so we gotta keep pace.

Did they turn over the labs?

[Raymond] Not yet.

Well, it might be in this latest dump. You never know.

[both moaning]

The forensics team is standing by.

It’s a little needle in the haystack at this point, you know?

But who knows? We may find something they didn’t.

My DNA must be all over this place.

Rusty, we stipulated that you were here.

The two of you were having an affair. It does not mean that you killed her.

Unless they find her blood in your car, which they won’t, right?

[breathing heavily] I know.

I keep seeing it too.


[Raymond] Listen. Talk to me for a second.

Rigo tells me that you’re trying to run down

the contaminated semen specimen in the Bunny Davis case.


If we offer the idea of another suspect…


We can pretty much assume the obligation to deliver one.

And if we fail…


The prosecution is gonna show the most brutal photographs of Carolyn

on that night. It’s gonna be horrific.

[breathes heavily]

And then the jury’s gonna want someone to blame,

and if we don’t have an alternative, it’s gonna be me.

Let it go.


[Rigo] Evidence number 13, voicemail number four…


victim’s message on defendant’s phone.

[Carolyn] What do you want, Rusty, out of this?

I don’t have much else to give.


[Rusty] I understand wanting distance for a while

but that-that’s partly what has been so difficult for me.


[Carolyn] I would be open

to having another conversation if you think that it will be helpful.

[Rusty] No, I hate pretending that you’re not there.

I don’t understand why you’re just not picking up.

[Carolyn] I don’t think you understand my perspective on things.


I need you to stop

calling me like this, Rusty. This isn’t fair.

[Rusty] I’ve never disagreed with anything more.

All the evidence I have tells me you love me.

We’ll present to you physical, scientific,

forensic evidence that will lead you to make your own con…

That will lead you to form your own conclusions.

Think! [mumbles] Facts!

[dog barking]

[phone beeps]

[sighs] Fuck. [groans]

All right. [breathing heavily]



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