Season 1 Episode 3
"Facts Are the Enemy"
Christine's preoccupation with the Butler case makes it hard for her to focus on her impending bar exam, while Adam attempts to resolve his doubts by confirming Jenny Butler's eyewitness ID...[button color="red" size="small" link="http://www.wetv.com/shows/the-divide" target="blank" ]Official Site[/button]
Inside The Episode
“How much of a chance is there?” Terry Kucik asks Christine Rosa and Clark Rylance in prison. Clark tells him Jared Bankowski’s statement won’t get him released. Christine and Clark interview Terry about how he knew Jared. He tells them he was an older guy in the neighborhood who “always wanted to get into the kielbasa posse gang but they never took him seriously.” The spring before the Butler murders, their house had been under renovation and Jared was hired on the construction crew as a favor to Jared’s mom.
After Adam Page speaks to an independent DNA expert about the likelier scenario — that there was an error in the original DNA test or that the report was compromised after the results came in — Billie Page and Jenny Butler come into his office. She tells Adam it’s impossible that Jared Bankowski wasn’t there when her family was murdered. Adam assures her that Jared was in the house, but asks if she actually saw the face of the man who attacked her mother: Billie wonders when she last she spoke with Dr. Paterson. “They’re worse when I’m with him. He makes me remember,” Jenny responds. But Adam insists that until she faces what happened, she’ll never have a life for herself.
At the prison, Terry asks Clark and Christine: “How come you never asked me if I know who did it?” After 11 years of trying to figure it out, he finally realized it was a “scumbag drug addict” who was his best friend but hated Emily being with him. “You’re never gonna get him — it’s just not gonna happen. They got people in here, they got people everywhere,” Terry says. Then he writes down a name: Eric Zale.
When they return to the Innocence Initiative, Clark tells Christine that Terry isn’t stable and there’s no proof. Eric Zale’s father, Stanley Zale, is the richest conservative in the state and they’ll wind up dead if they try to go after him without proof. Clark insists that Christine put her focus on studying for the bar exam. If she doesn’t pass, she won’t be able to take it again until after her father’s final hearing with the board of pardons.
In an interesting turn of events, Billie is at a hearing to represent Stanley Zale — who isn’t present — in a case brought against him by the nonprofit Food for Philly. Zale had offered a $250,000 donation commitment to cover necessary renovation expenses to avoid bankruptcy but then reneged on his offer. Food for Philly was forced to sell their properties at a loss to a company owned by the Zale Collective and claims that Zale committed real-estate fraud so he could buy them at cost.
Meanwhile, Terry finds out who attacked him from his friend Raymond. Raymond insists that Terry has to strike back with the Aryan Brotherhood to send his attackers a message. When Terry hesitates because he doesn’t want to screw up his chances at getting released, Raymond warns him: “You better start paying attention to what’s what right now or you’re gonna die.”
Despite Clark’s advice to take a break from the Kucik case, Christine visits the Kucik family home to tell them about Terry’s case being reopened. His parents are shocked. Christine tries to find out about the construction crew who worked on the Butler house, but Terry’s father says he no longer has the records for the job since he lost his business. Christine learns from Terry’s mom that Loretta Strauss, Jared Bankowski’s girlfriend, has come back into town because she thought there might be a funeral for Jared. No one is supposed to know that she’s there.
Things get more ominous in prison for Terry, whose friend Raymond is killed — his throat slit — In the prison kitchen. When Christine learns from Terry what happened, she tells Clark they need to move quickly on Terry’s case or else he might end up murdered.
Jenny agrees to visit Dr. Paterson with Billie and Adam. Under hypnosis, she recalls the day her family was murdered. She remembers hiding in the linen closet, seeing her bloody mother crawling on the floor and someone standing over her wearing white sneakers — but she can’t see his face. She remembers running downstairs and hiding behind the couch, then seeing her sister Emily walk into the house. The doctor tells her to keep going because she usually stops at this point. Jenny then recalls seeing Jared Bankowski, who signals for Jenny to be quiet. Jenny opens her eyes: “He was warning me,” she says, crying. “He was trying to help me.”
The next morning, Jenny — who’s spent the night at the Page home — comes into the kitchen where Adam is sitting. They trace back over the steps of when she was taken to the police station after her family’s murder. She remembers looking through books of photographs, then taking a break to go to the soda and candy machines. Simultaneously, Terry Kucik recounts his memories to Christine and Clark about being told to go to the police station to answer some questions after the Butler murders. He wasn’t charged with anything, but just sat on a bench for “three, four hours” without anyone coming to get him. “At one point, this detective brought Jenny Butler over to get something,” Terry says.
Then Terry and Jenny’s stories start to merge: He tells Christine and Clark a cop told him he had to stand in a lineup even though he hadn’t been brought in on a specific offense. Jenny remembers going back over the books of photographs again and the detective opening the first book — and on the first page was a picture of Terry Kucik. Adam asks if she saw it the first time. “I must have but I guess I didn’t register it,” she says. “The next thing I remember, I’m identifying him in a lineup behind those one-way mirrors.”
Clark and Adam meet to discuss Terry Kucik. Adam says he’s not convinced Terry Kucik is innocent but he’s going to retest every DNA sample. Clark thanks him and mentions that Terry was attacked and his friend was murdered. Since Jenny’s press conference, Terry’s been in danger. Clark asks if Adam would consider releasing Terry on home detention pending a retrial. Adam says he’ll consider it.
Adam sits at his dining room table and Billie comes downstairs. She asks him if he thinks Jenny’s right about Jared. He says yes — especially because the rape kit from Butler case was retested and Terry Kucik’s DNA came back positive. Then he reveals that another semen sample was found in Emily Butler that doesn’t match Terry Kucik or Jared Bankowski — but does match the DNA under Frances Butler’s fingernails. Billie is stunned. “There’s a chance I never brought the killer to trial,” Adam says. As Billie starts to look through the file on the table, he tells her solemnly, “Billie, I have to tell you something and it’s gonna change things between us.”