Presumed Innocent
Season 1 – Episode 7
Episode title: The Witness
Original realease date: July 16, 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 is forced to pivot his legal strategy. Tommy receives a disturbing message.
* * *
[Rusty] Ray, Ray, Ray? You okay? Hey, hey.
[Lorraine] I’m his wife. I’m his wife.
[Rusty] Hey, somebody call an ambulance!
Did you call an ambulance?
[medical personnel clamoring]
[paramedic] Loss of consciousness upon arrival.
[doctor] Sensing erratic pulse.
[paramedic] IV started in the right arm.
[doctor] Okay. Let’s make sure his O2 is at eight liters.
He’s gonna need a 12-lead EKG, a full blood panel, CBC and cross.
He’s going into V-tach, check his pulse.
We’ve lost the pulse.
[monitors beeping]
[sirens wailing in distance]
[phone buzzing]
Hey, honey.
[Barbara] I’m home with the kids.
How is he?
He’s still in surgery.
[reporter on TV] As Raymond Horgan…
Okay.
[Rusty] I’ll keep you posted, okay?
Okay. Okay.
I love you.
Yeah. Bye.
[reporter] …after suffering from an apparent cardiac arrest.
Definitely an unexpected turn of events.
[sighs] God.
We’re not hearing at all if this trial is actually going to continue at this point.
Rae, is there any precedent at all for this type of thing happening?
A defendant jumping in and saving his attorney’s life?
[Rae] You know, it typically works the other way around.
But to answer your question, there’s no rule.
It’s up to the judge.
And given the one we have here, I’d say anything goes at this time.
[TV continues, indistinct]
Okay, so if it’s a mistrial, they do it all over again?
It seems so.
[sighs] This is so fucked.
[anchor] …pandemonium there at the courtroom.
I’m guessing it’s the same way over at the emergency room.
Hey, you want something to drink?
You want some water or something like that?
Yeah.
Yeah, thank you.
Yeah?
Lorraine, I just want to say I’m so sorry.
And, uh, if there’s any way I can help…
I know that rings hollow… but, um, whatever I can do…
Um…
Thank you.
Yeah.
Okay.
[Lorraine] Thanks.
[doctor] Mrs. Horgan?
Yeah?
Mrs… Mrs. Horgan?
Yeah.
He’s gonna be okay. Improved, even.
Really?
[doctor] It wasn’t a coronary.
It was a bradycardia.
[Lorraine] Oh, my…
It’s an… an electrical issue that slowed his heart rate down to a near stop.
We gave him a pacemaker. There’s no neurological damage.
He’ll walk out improved.
Thank you, Doctor. [Chuckles]
S… So he’s gonna be okay?
He’s gonna be all right, fine.
Yeah.
Better. He’s in recovery right now.
He’ll be in his room in a few hours and you’ll be able to see him then.
Oh, my God. [Cries, sniffles]
Thank you. Thank you.
[doctor] Yeah. You’re welcome.
Yeah? [Chuckles]
[cries]
[Nico] We got a problem.
Yeah, we got a problem.
[sighs] Uh, the jury just saw Rusty go all hero an…
We need to move for a mistrial.
What?
Yeah.
We… We…
We’re winning.
[chuckling] I’m not so sure of that.
A mistrial and he walks.
No. We don’t know that.
[Tommy] Yes, we do. Come on.
Second time through, he’s gonna know our hand.
Think about this. As-As lying, cheating psychopaths go,
he’s a pretty charming guy, right?
It doesn’t…
And he just saved a human life in front of the jury.
It can also be argued that the jury just saw him act impulsively,
physically in a way that they saw him snap.
But you have to just trust the jury.
Know that they’re more equipped to visualize what happened that night
than either of us.
[podcaster 1] So, the question is, “Now what?”
[scoffs] You can’t keep going without your head counsel
this deep into a murder trial.
[podcaster 2] Maybe they put things on pause?
[podcaster 1] I’m pretty sure that’s not how it works.
From everything I’m reading from legal experts, it…
[reporters clamoring]
[Laryn] So what are we thinking?
Are we thinking?
[inhales sharply]
Mr. Delay Guardia, you certainly seem cognitively overdue.
Mmm. I’m just weighing the principles of judicial economics
versus those of fairness, you know?
We recognize, as agents of the court, that we have a duty
to ensure proceedings are free of prejudice and undue bias.
What the fuck are you talking about?
We left law school years ago.
What are you talking about?
[Nico] I’m saying that
we think a mistrial is justified.
Well, that’s all you had to say.
We oppose.
[Laryn scoffs]
You wanna keep going?
I’m prepared to take over.
Immediately?
You’re gonna take over?
Tomorrow. I’d like a day.
Mr. Delay Guardia?
Uh… [chuckles] S-S-Sorry.
Yeah. Yeah. The prosecution stands ready to proceed.
I’d like to represent myself.
I’m sorry?
I’d like to take over as lead counsel. My appearance is already on record
and Ms. Winslow’s experience is more limited than my own.
No, a person cannot stand as a witness…
[Rusty] She can serve as second chair.
…and an advocate in the same proceeding.
I will not stand as a witness. I’ll stipulate that right now.
You will be a witness. You’re gonna be the most clever witness of all time
’cause you’ll get to put your point of view and your demeanor to the jury…
My lead counsel is incapacitated.
…without facing cross-examination.
I will not offer anything evidentiary or testimonial.
And may I remind the court that it is my right.
Then the court will remind you, Mr. Sabich,
if you even hint at giving your version of events,
I will allow prosecution to put you into that witness chair,
where you will be subject to full cross-examination.
And should you blow a hole in your foot,
you will not be granted appeal on Sixth Amendment grounds
of having a fool for an attorney.
You’re gonna go pro per?
[Laryn] So long as he doesn’t give testimony, there’s no bar to it.
I understand, Your Honor.
[scoffs]
Bad idea.
But you’re free to indulge it.
I’ll instruct the jury, and we shall resume tomorrow at 10:00 a.m.
You might wanna rethink.
How-How can this be? You promised me that you would shield him.
We’ll do our best.
[Caldwell] You’ll do your best?
You’ll do your best?
Is no one watching out for my son?
He will now be cross-examined by the very man who murdered his mother.
It is his right, right to represent…
He’s a fucking murderer!
[anchor] Even for a case involving such twists and turns,
this is still a shocker.
And, Eleanor, this whole idea of Rusty Sabich representing himself,
what are your thoughts on that?
Mom, this is nuts.
[Barbara] Don’t underestimate your father, honey.
Not in that room.
Mom, come on.
Come the fuck on.
Honey!
[thunder rumbles]
[footsteps approach]
[no audible dialogue]
Stop! Stop. [Gasps, grunts]
[pants, sighs]
[reporters clamoring]
[reporter 1] Come on, this way! This way, please!
[sighs]
[tap running]
[Tommy clears throat]
All right, I’ll see you in there.
[spectators chattering]
Please excuse my tardiness, Your Honor.
[monitors beeping]
Mr. Sabich.
Hello, Michael. First, let me offer my deep condolences.
I cannot imagine the pain of losing your mom.
You killed my mother.
[Rusty] You used to go to your mother’s house a lot
and just watch?
To see her life. To see the…
the life that she didn’t want you to be a part of.
Yes.
Did she ever tell you why she didn’t want you to be a part of her life?
No.
Did your father ever tell you why she didn’t want to?
No.
Well, that must have made you pretty angry.
Is that a fair statement?
Not enough to kill her.
Careful.
Raymond.
I’m just watching. [Chuckles]
That’s interesting, Michael, ’cause in the last few weeks of her life,
you had a number of text exchanges with your mother.
Did you write her, “It would be easier if you were dead”?
Did you text her that?
She didn’t just hurt me.
She hurt my father.
“Just really fucking mad at you. You ruined my life.”
Did you text her that?
You wished for her death.
No, I said it would be easier.
People move on from death.
Divorce is harder.
That’s what I meant.
Okay. Leave it there. Just… That’s good.
[Rusty] You took this video of me
entering your mother’s house on the night that she died,
and you testified that you had seen me go there before.
So you were aware that your mother and I were lovers.
Yes.
[Rusty] The idea that she didn’t want you in her life,
but that she would have affection for me, that didn’t make you hate me at all?
I hate you because you killed her.
Go easy, Rusty.
[spectators murmuring]
So after you took this video, what did you do?
[Michael] I left.
And how long after you saw me enter her house did you leave?
Pretty much right away.
And where did you go?
I went home.
Who was at home?
My father.
Just-Just the two of you?
[Michael] Yeah.
[Rusty] Anybody else?
No, it was just us.
So nobody to vouch for you but him.
And nobody to vouch for him but you.
Objection.
Overruled.
Did you tell your father that you saw your mother’s lover go into her house?
[Laryn] Please answer the question, Michael.
I don’t remember if I told him anything.
So it is possible…
it is possible that you told your father
that you saw your mother’s lover go into her house
the night that she was killed?
I don’t remember telling him anything.
There are a number of documents that were confiscated
by the police department on your computer.
And it showed that you had a very keen interest in your mother’s past cases.
You went on some true crime websites and you were digging for information
that wasn’t available in the mainstream media,
including Bunny Davis.
Objection.
Sustained. Ask questions, counsel.
He’s got to be careful.
Did you kill your mother?
Objection!
How about your father? Did he kill your mother?
Wow.
Tell me you have a good faith basis.
I have grounds to accuse neither the witness or his father.
How could I possibly?
After the briefest and most negligent…
[clamoring]
…of investigations by the police,
they were both dismissed by the state attorney’s office…
He’s out of control…
[Tommy] Your Honor!
For the record, did you kill your mother?
Hey! You sick fuck!
Dad!
That’s enough! Enough!
Mr. Caldwell, step back.
Are you fucking serious?
[bailiff 1] Move.
Step back, Mr. Caldwell.
You’re supposed to be watching him.
[spectators chattering]
[reporter 1] Mr. Sabich, were you scared when Dalton Caldwell came after you?
[reporter 2] Can the prosecution recover from such a misstep?
[reporter 1] Were the Caldwells in this together?
[reporter 3] Why do you think so many loose ends weren’t investigated?
[Nico] You know, Raymond used to have this saying when a case went south.
He’d say there’s medium-rare fucked, there’s medium-plus, there’s well-done.
I think we might be well-done fucked.
[Tommy] He came off as desperate.
He’s pointing the finger at everyone but himself.
[Nico] All right. [Sighs]
All right. All right. Shh.
So they established that somebody with hatred toward Carolyn Polhemus was
at the scene who may have known details of the Bunny Davis case.
They pinged Liam Reynolds
and then the father, who went fucking psycho.
So we… we… Rigo.
We call fucking Rigo.
Rigo?
No, Rigo is firmly in Rusty’s camp.
Yeah.
So was Eugenia. It’s all about asking the right questions.
Rigo hates me.
She doesn’t hate me. I can take her.
No.
Yeah.
Yeah. Yeah.
No.
No, I’ll tell you why.
‘Cause if we don’t,
we’re well-done beyond-a-reasonable-doubt fucked.
[Rusty] What is Rigo going to say?
[Eugenia] I don’t know.
No, come on. Bullshit. You two are friends.
Just tell me what she’s go…
No, you two are friends.
[stammers] She is gonna testify to what?
Probably as to what I saw, Rusty, and what I’m fucking seeing right now.
What does that mean?
You’re fucking going rogue, like you are right here, right now.
[Rusty] Wh…
[sighs]
You know I didn’t want to testify, right?
I know that you know that.
[sighs] Oh, my God.
Did I get this whole thing wrong?
Did I get…
What do…
Carolyn was a drug.
You had an addiction. Addictions destroy lives.
God. It’s one thing to destroy you,
but you weren’t about to let her destroy your family.
[cries] Oh, my God.
I think she told you that night…
that she was gonna keep the baby, didn’t she?
Did she tell you that she was gonna keep the baby that night?
She was gonna keep that kid.
Your kid.
Get out of my car.
Get out of my car.
[door closes]
[Nico] Liam Reynolds was not involved in Carolyn Polhemus’s murder,
and yet the two of you went back to prison to see Liam Reynolds.
Is that right?
We did.
Why?
[stammers] We’ll let Rusty tell us.
[Rusty] Even if you did have Carolyn killed,
it could work in your favor.
You’d have to have an accomplice, which means you’d have something to trade.
Okay, so just imagine,
right now, you’re serving a life sentence for killing Bunny Davis.
But by pointing us to Carolyn,
you could possibly see the street again, you know?
Or even if you had a hand in the murder too.
Now that… that is perversity.
So… So, uh, just to be clear, uh, you’re telling me incriminating myself…
If you had an accomplice.
…in a prosecutor’s murder,
could lead to my freedom?
[Rusty] Yes.
What’s certain is that you are currently serving a life sentence without parole.
And I am offering you an opportunity to change that.
Oh, God. [Chuckles]
This is beautiful.
No! God Almighty.
I just… I had no fucking idea.
[Reynolds] You’re desperate.
[Nico] A reduced sentence in return for confessing to Carolyn Polhemus’s murder.
I wasn’t present. I didn’t know he was gonna do that.
Did you take issue with this attempted bribe?
Objection!
Sustained.
[Nico] I apologize.
Did you take issue with this approach?
I did. When he told me what happened, I said I thought he way crossed the line.
Yeah.
And did he respond?
Yeah, he said something to the effect of…
It’s my life on the line. I’ll do whatever I have to.
What a hero.
When you were first assigned this case by the defendant,
were you given any particular directives as to the collection of evidence?
All evidence, forensics and otherwise, was to go straight to him and only him.
And were you given any particular directives
as to whom the evidence
and the forensics and otherwise should be particularly shielded from?
Mr. Molto and you.
[Nico] That’s disappointing.
Your witness.
[clears throat]
Here we go.
I was desperate to prove my innocence, at all times,
of charges that I felt wrongly accused of.
Is that a fair statement?
Okay.
And I steadfastly maintained my innocence
in the death of Carolyn Polhemus at all times.
Did I not?
You did.
And in your experience, Detective, is it unusual for a prosecutor to ask you
to keep information between the two of them?
In my experience, no, it’s not.
And you’re aware that I asked you to keep the evidence between the two of us
precisely because I did not trust
that Mr. Molto or Mr. Della Guardia would conduct a fair investigation.
Is that also a fair statement?
Yes.
Thank you.
[panting]
[Barbara] Hi.
Hey.
[Barbara sighs]
How are you doing?
[panting] Yeah, you know… [stammers]…they…
they pulled up two witnesses to assert my…
And I was a little too zealous in my assertion of my innocence.
You know, whatever. So what? Case is still good. We’re good.
[pants]
You went back to using these?
[panting]
[Barbara] Hmm?
I mean, I need to focus.
How am I supposed to do that, huh?
Mmm.
[sighs] You just should’ve told me, Rusty.
[sighs, panting]
[all cheering, chuckling]
So good. So good. [Chuckles] Yeah.
[chuckles] Oh, yeah. Thank you.
All rise.
The court is now in session.
The honorable Judge Lyttle presiding.
Be seated.
Okay then, Mr. Molto.
Does the State have anything else?
[Tommy] Yes, Your Honor.
The People call Rusty Sabich.
[people gasping, murmuring]
[gavel raps]
What the fuck was that?
Well, since Mr. Sabich insisted on testifying through Detective Rodriguez,
it’s only fair that he be sworn in and subjected to cross.
I didn’t hear an objection.
I didn’t feel the need to, as the court made it very clear
if the defendant even hinted at his version…
[stammers] No, I did not testify.
I cross-examined a witness that you called.
But you went beyond the scope of our direct.
You asserted your innocence.
[Rusty] You called the witness
and you called the detective to establish my guilt and my dishonesty,
and my cross went to my truthfulness and innocence,
well within my scope of direct.
You gave your version.
I warned you, should you even introduce even a morsel
of something that’s not in evidence…
You did exactly that.
All right, you got two choices.
You want a mistrial, I’ll give you one.
No questions asked.
I won’t force you to go on. But if we do go on, you get in that chair.
You opened the door on this.
Take the mistrial, Rusty.
I’ll testify.
Mya. Mya, they wanted a mistrial.
The fuck was that?
[stammers] No.
They know they’re losing.
That’s why they called me!
Maybe, maybe.
Or maybe they wanted to get you on the stand,
where you’ll be an easy fucking target.
Fine, put me in the witness chair.
Fine. Let’s have Molto’s narcissism
on full display.
Why? [Sighs]
And yours won’t?
What is that supposed to mean?
Did you… Did you do it on purpose?
[breathes shakily] What?
Open the door.
What do you think…
You introduced testimony.
Did you do it on purpose?
No…
[stammers] Why would I do that?
‘Cause you’re Rusty Sabich, and you can do whatever you want, right?
Mya, maybe… just maybe…
I did it because I know what the fuck I’m doing. [Scoffs]
I don’t think so.
I’m done.
[sighs]
So, Rusty Sabich is expected to take the stand in his own defense,
which means that he’ll not only be a defendant, he’ll be an advocate.
He’s also gonna be a witness as well.
What?
[Rae] He is not going to be having a second chair,
which means that he is going to be flying solo.
A lot resting on his shoulders in this trial.
[anchor] It feels like Sabich has really found himself backed into a corner.
And I don’t know if anything short of a miracle…
Oh, God, Rusty.
…is going to be able to get him out of it.
In other news…
[Jaden] Pills. What kind of pills?
[Kyle] He’s taking Ritalin.
Are you serious?
Yeah, I heard Mom on the phone with her therapist,
and I guess he’s taken it before for big trials.
Makes him sharper.
Yeah.
And he’s taking it now before he testifies tomorrow?
Yeah, it’s fucking stupid.
Is it possible to, um,
have some of that Rusty Sabich, um, fairy dust?
I-I don’t know if it’s… if it’s something I can, uh, give you.
[chuckles]
…of course I wanted to talk to her, but I swear nothing happened…
I needed to see her and tell her that it was…
that it was over.
I needed her to know that… I’m sorry, I’m sorry.
Please tell me you didn’t spend the whole night here.
No, I came in early.
All right. You, uh… You ready?
Yeah, I’m ready.
[chuckles] Great.
So, big day.
I was just thinking about law school and how hard we worked.
[chuckles]
Yeah, just give me one day, Nico.
One day, when I can just say it was all worth it.
Today is that day, Tommy.
[podcaster 1] It is like Crime Junkie 101.
You don’t take the stand in your own defense.
[podcaster 2] Well, he didn’t, right? The prosecution called him…
[host 1] How do you represent yourself without looking like a schizophrenic?
[hosts continue, indistinct]
[host 2] Something that could create doubt in the minds of the jury.
[winces, sighs]
[phone rings]
Oh, fuck.
[sighs]
[sniffs]
[Mya] Hey.
Hello, Mya.
Good luck today.
I just wanted to say the key is to not let him rattle you,
which will be his intent.
To get you to flare. You can’t take the bait.
Thank you, Mya.
Am I allowed to give more general advice?
Can I say that I’m sorry first?
Apology accepted.
Maybe you were right.
I’m always right.
Don’t let him let you be an asshole.
It would not be good for the jury to see you in that light.
[breathes heavily]
[Mya] Don’t cede to them on anything.
[Mya] I’ll be there, Rusty.
Okay, someone’s here.
Um, I gotta go. Thank you, Mya.
[Mya] Okay.
Hey.
What are you doing here?
Doctors cleared me.
You need me.
Are you sure that it’s safe to be in the courtroom?
Really. Doctors, they say I’m good. You?
Yeah.
Do you swear to tell the truth, the whole truth
and nothing but the truth, so help you God?
I do.
Have a seat.
[Tommy sniffs]
Mr. Sabich…
you stated that you maintained your innocence
at all times with Detective Rodriguez.
Correct.
And that was truthful?
It was.
You were truthful with her about everything?
I did not disclose my relationship with the victim.
Did you disclose to her
that you were present at the victim’s house on the night of?
Eventually.
Eventually?
So when you first assigned this case to Detective Rodriguez
in your capacity as Chief Deputy Prosecutor,
did you tell her that you were present at the scene of the crime on the night of?
I did not.
Did you tell anyone that was connected to the case?
I did not kill her.
Are the first 48 hours the most important in any investigation?
And would it have been helpful for the police
and the investigatory team to just know that you were there?
You made your point, Tommy.
I did not disclose my presence.
Were you in love with her?
I fell in love with her.
[Tommy] Is it fair to say you were obsessed with her?
I was in love with her. As to what qualifies as obsession…
Sending 30 texts or emails on or near the day of her death.
Would that qualify?
I was in love with her.
On the night of her death, you went there hoping that she would take you back?
I did.
Did you send these texts in the hours before her death?
[Tommy] “This is not right. You can’t do this.
I’ll not let you treat me this way. Answer my fucking calls.”
You sent those?
I did.
And how about this one?
“I want to spend the rest of my life with you.”
Did you send Carolyn that text?
Did you tell her you wanted to spend the rest of your life with her?
I was in love with her.
Were you angry with her?
I was frustrated.
Mmm. Frustrated, like this text?
[Tommy] “Answer my fucking calls.
Who the fuck do you think you are, treating me this way?”
Is that frustration or would that qualify as anger?
It would qualify as passion.
And passion can blind a person.
And I certainly lost sight of the things that were most important in my life.
My… My wife and my children.
Passion is a dangerous drug.
One that you’re not immune to yourself, Tommy.
So consumed with trying to take me down
that you have lost sight of the fact that you have no real evidence.
Yes, I was in love with her.
Yes, I did not disclose my presence, but I did not kill her.
Did you strike her with a fire poker?
I never hit her.
I am not a violent person.
[Tommy] Mr. Ratzer, could you please stand?
Have you ever encountered this person before?
There is a context to that.
This is footage from the adjacent house to yours.
The two of you, correct?
[Tommy] Does that fairly and accurately capture the context?
Your Honor, this is unfair surprise.
Offer to impeach.
The witness just testified that he’s not violent.
I’ll allow it.
He came to my house uninvited.
He trespassed and he intimidated me.
So you beat him up?
I am guilty of acting out of desperation.
It caused me to hide my relationship with Carolyn Polhemus.
It caused me to zealously pursue
an admission from Liam Reynolds in her death.
It caused me to lash out at Brian Ratzer.
By the way, when he came to my house
and he violently banged on my door when my daughter answered.
Am I volatile? Yes. Yes, I’m volatile.
A person I loved was brutally murdered. And I have been charged with that crime.
And circumstances like that can bring out, uh,
many things in a person, desperation being one of them.
Uh, weakness, emotional instability.
And I apologize for all of those things.
I am guilty of all of those things.
But what I am not guilty of is killing Carolyn Polhemus.
I did not take her life.
Yeah. What about Dr. Kumagai?
Did you ever try to strangle our chief medical examiner?
[sighs]
You want me to repeat the question?
No, I heard the question.
It was brought to my attention that he had concealed evidence in another case.
Uh, I mean, or at least improperly failed to make me aware of it.
And so things got heated between the two of us and, um…
I regretfully got phys… physical.
You regretfully tried to choke him.
No, I did not choke him.
Okay, when tempers flared
and you grabbed him by the throat…
By the lapel.
Okay, when tempers flared and you grabbed him by the lapel,
did you decide to do that or did you just snap?
I’m not sure what the question is.
Did you decide to do that or did you just snap?
How about Mr. Ratzer, when you repeatedly punched him as we saw in the video?
Did you decide to do that or did you just snap?
He would not leave.
What would you do? What would you do?
So you snapped.
[reporters clamoring] Tommy, over here!
[Nico] Hey, look at me. Look at me.
That was extraordinary.
[Rusty] This is torture.
It’s fucking torture.
I just spend all my days lying to my family.
When I’m… When I’m with them, all I wanna do is be with you.
[footsteps approach]
[inhales heavily] The rest of your life, huh?
I don’t remember writing that.
Just a line?
Dare I ask, what now?
[rustling]
[meows]
[meows]
[shushes] Hey.
