Original subtitles

["Keep in the Dark" by Temples playing]

Keep in the dark to stay out of the light

Keep in the dark to stay out of the light

Keep in the dark to stay out of the light

Just sleeping in the sunlight

[siren wailing]

La...

ERIC: I need an ambulance. Hurry.

My mom-- she's fucking dying, okay?

Just get over here.

La...

La...

[vocalizing]

[dog barking]

[children chattering playfully]

No. No, no-no. Th-- th-- this is wrong.

Do you, uh... want to see the drawing? Yeah.

She's in the exact position.

Russell testified that Eric couldn't have seen his mother,

because of the glare. I know. I was there.

But if there was no glare on the day of the murder, then

he could see her.

In fact, because of that planter,

this is the only window he couldsee her through.

Just like Eric said.

ADLER: You hadn't worked

with Dave Russell before.

You had no reason to doubt him.

It was my case.

If mistakes were made, and I'm

not saying that there were,

it was my case.

The $150,

the money missing from Mary Fisher's purse.

You told the jury that Eric stole it.Because he did.

Yeah, sure, we should've found it, but we didn't.

Real life, guys. Shit happens.

O.J. should've been drenched in blood but he wasn't.

Shit happens.

Fisher's relationship with the victim,

his drug use, his confession.

We had a strong case.

Three weeks after

Eric's conviction,

the court clerk

logged the contents of the purse.

Last entry. Six.

$20 bills found in a side compartment.

Detective Russell testified that he'd searched the purse.

Do you think he was lying?

If Russell was framing Fisher,

he would have taken that money, too, right?

[sighs]

VEMURI: And after

everything you've seen today,

you still have no doubt about Eric Fisher's guilt?

ADLER: Mr. Eckert?

I didn't say that.

[shutter clicks rapidly]

[car horns honking]

[siren wailing]

Oh, you're not gonna believe this.

What's it say, Charlie?Jesus, they got everything.

All of Dave Russell's fuckups and lies.

[scoffs]

Fuck me.

What?D.A. Eckert says

he has reasonable doubt.

Don't make it sound better than it is.

Did he say that, or...?It's a direct quote.

[whispers]: Oh, fuck.GUARD: Fisher.

Okay. Uh, I got to-- I got to go.Hey.

SHANNON: Lying sack of shit.Come on,

I'm using the C.O.'s phone, man.No, not you.

Russell. Big picture with that shit-eating grin.

SHANNON: Get used to it, asshole.[chuckles]

This takes Russell down and gets you your innocence hearing.

Uh, hold on. Excuse me, excuse me.

Those are mine.

Thanks.

Yeah, we did it.

Eric, you there? Uh...

Fucking did it, huh?Good day, huh?

You don't even know, baby.

[sighs]

[indistinct chatter]

Hey, LT.

[clears throat]

[indistinct chatter]

I heard. That's how you make lieutenant, huh?

RUSSELL: We've had our differences, Captain.

But you know I didn't do this.

I know your work now.

Nothing's changed. I'm the same cop I always was.

I called over to PSB this morning.

They're looking into a new complaint.

I didn't do anything wrong.

They're gonna believe a convict over me?

I got 33 years on.

Something like this-- front page.

RHD has to reopen Fisher.

Well, they'll find the same thing I did.

Fisher did it.While they're at it,

they'll go through all your other cases,

look for a pattern.

"They."

This isn't the LAPD I signed up for.

Well, that's the problem, Russ.

You think it should be.

Yeah.

This is Deborah Russell at the public defender's office.

Hey, honey, it's me.Leave a message and I'll call you back.

[beep]You there?

WOMAN'S VOICE: If you are satisfied with your message,

press one.It's your father.

If you'd like to re-record your message, press two.

RUSSELL: Mm.If you'd like to change your...

[doorbell rings]

Dave. My God, I'm so sorry. How you doing?

I've had better days.

I'm trying to find Debbie.

Her car's here. I figured she might be, too.

Actually, she's up north, some kind of legal conference.

Her, uh-- our house is airport parking.

All right, well, if you see her before I do,

tell her to call me.

I need to talk to my daughter.

Is he gone?He's your father, honey.

Is he gone?

I hate lying.

[engine starts]

Sign here, here and here.

And it's official. How's it feel?

Eh, it takes some getting used to, I suppose.

But better for you than for him.

His mother gets murdered, and you steal his whole life.

[exhales]

Look, I appreciate your interest,

Mr., uh, Mr. Poulos,

but the, the problem is, I missed the deadline

for my federal habe...

We make them waive a deadline.

Establish likelihood of innocence

at an evidentiary hearing.

Yeah. Sure. That's gonna happen.

Rampart. Rodney King. Times have changed.

But getting the hearing, that's just the start.

We've got to dismantle the entire case

to get a good ruling on your habeas claims.

And what's that gonna cost me?Not a thing.

Until we get you out.

Charlie Shannon says you're low on funds.

Yeah, well, Charlie should know.

Look, it's no slam dunk, but my firm is willing

to take the risk.

If we get that hearing,Mm.

if your conviction is overturned,

Okay, then it's the, the civil suit,

and you guys get a piece of my settlement.

How much?

What Detective Russell did to you,

what the city of Los Angeles allowed him to do,

if we prove your innocence,

the powers that be will have a deep, abiding interest

in seeing to it that justice is served.

My firm gets 40% of that justice, plus costs.

[sighs] Eric.

It's gonna take a lot of work, pal.

And it's not gonna happen overnight.

It's a big case.

Big settlement.

Big lawyer in a fancy suit.

This old thing?

Wait till you see me in court.

I'm gonna take all of 'em, man.

Here you go. Thank you very much, man.

All right.

[lock buzzes in distance]

All rise.

United States District Court is now in session.

The Honorable Thomas Smith presiding.

Be seated.

I've reviewed the transcript of the innocence hearing,

as well as the magistrate's

recommendations on the claims in Mr. Fisher's habeas petition.

The relief sought by Mr. Fisher is granted

in only the most extreme circumstances.

Regrettably, Mr. Fisher,

I find that our criminal justice system failed you.

Yes. I accept the magistrate's finding

that the jury's guilty verdict was based on false evidence,

and I vacate Mr. Fisher's 1985 conviction

for the murder of Mary Fisher.

[applause]

Ms. Cameron,

given your obvious desire to keep Mr. Fisher in prison,

I assume the city would like a second bite at the apple.

Absolutely,

Your Honor.SMITH: Very well.

I grant the city 120 days

to decide on a retrial.

[gallery murmuring]

[stammers]

What are they talking about? What are they talking about?

Let them try, let them try.

It's okay, it's okay. We got this. We got it.

You're a free man now. You need to look like one.

I can go?

Yeah, you can go.

I can go? Yeah.

Like, now? Like, right now. Like, right now.

[reporters clamoring]

[car horn honks][camera shutters clicking]

Eric Fisher was a victim

of a corrupt detective

and a legal system that values closed cases

over the pursuit of the truth.

Those responsible, I promise you,

will be held accountable for this travesty of justice.

You think the city's gonna go for a retrial?

One can only hope.

So... how's it feel, man?

Hello? Anybody home?

It's, it's just so big.

RUSSELL: How do I know that?

ERIC: Okay, I'm done.

I'm not talking to you anymore.

RUSSELL: Just a piece of the truth, that's all I need.

ERIC: And all I need is a fucking lawyer.

Either book me or let me go.[slam]

RUSSELL: Put your hands in your front pocket.

Russell couldn't squeeze water from a wet sponge.

120 days, people, focus up.

We need to put Eric Fisher

back where he belongs, yeah?

That shoe print from the kitchen--

Poulos is gonna say it's Chris Keller's.

Dave Russell framed an innocent kid.

CHEN: Or framed a guilty kid.Talk to Russell,

see if we can use him,

check everything there is to check.

You two need to give me a bulletproof case.

Poulos is no Dream Team.

Fisher's not getting out of this.

I'm gonna retry this asshole.

Not a problem. Absolutely. We can take care of that.

There you go.

Thanks.Thank you.

[electronic dance music playing]

[man speaking indistinctly over P.A.]

[overlapping chatter and noise]

[car horn honks]

Hey. You okay?

[grunts]

[car alarm chirps]It's open.

Freedom present, my man, from me to you.

No worries. I'll even show you how to use it.

If it makes you feel any better, I'll bill you for it.

[siren chirps]

[indistinct radio chatter]

It's okay, man, relax. They're not here for you.

[siren wailing]

[tires screech]See?

Eric, Eric.

[car horn honks]Fuck!

Christ. MAN: Hey, man,

what are you doing?[car horns honking]

Hey, move![Eric groans]

Look... it is a big fucking world, all right,

just that's what it is.

Look, just get back in the car, man. Hold-hold on.

[car horns honking]WOMAN: Come on!

Go around!

RUSSELL: Those reporters had an agenda.

I was at the real crime scene.

I looked through the window, I couldn't see anything.

And you saw the photos, I assume.

I reconstructed the scene.

No way he could've seen his mom through that window.

Oh, we're just getting started, Dave.

We looked over some of your other cases.

You're a damn good copper.

CHEN: And since we all want

the same thing here-- Fisher back inside--

we could use your help

on a couple things his lawyers are gonna jump on.

The shoe print in the kitchen.

Yeah, an expert determined it didn't match Fisher's.

Yeah, 25 years later.

Somebody else left a shoe print,

a single shoe print?

After the I.A. Sergeant Lynch drank Fisher's Kool-Aid.

I know it, like, could've been one of us,

like tech or cop or first responder,

but I saw the print,

it was definitely Fisher's.

Why'd you exclude Chris Keller?

Please. This is

overkill, rage...

very personal.

That's why we wanted to talk to you.

Get your straight-up perspective.

So you want to know how toxic I am

and if you can use me at the retrial.

All right.

That's my perspective.

[grunting]

Voilà.

It's nice, man.

Thank you. Mm-hmm.

She, uh, gave it to me before she passed.

"Give it to him when he gets out, Charlie." [chuckles]

Faith.

It's a good name for that woman.

You should've waited.

For what?

What if they retry me?

That's not gonna happen, all right?

No Dave Russell, no case.

Just take a load off.

This-this is good.

Yeah.

[TV playing faintly]

Eric Fisher was a victim...[phone buzzing]

of a corrupt detective...

[mutes TV]

Hello?

Alice?

Um, hi, it's-it's, uh, it's Eric.

Fisher.

Oh, my God, Eric. I'm watching you on the news.

Yeah. I just, I just got out. [chuckles]

Um...

I was hoping that I could, uh, that I could see you.

Um...

I mean, you know, just to, just to meet.

To thank you for your support.

Mm, how about

Thursday night?

I'm having dinner at my house.

[grunts]

Uh, dinner?Yeah.

Um, I'm gonna send you the details, okay?

I can't wait to meet.

Hello?

Wait, I don't have your addre...

[speaking indistinctly]

[phone chimes]

[chuckles]

AUTOMATED VOICE: This is a collect call from...

ERIC: Eric Fisher. AUTOMATED VOICE: ...an inmate

at California State Prison Webson.

Press "1" to accept the call.[beeps]

MELANIE: Eric, hey.ERIC: Melanie, how was your birthday?

Did you get what you wanted?

MELANIE: I got the sweetest card from your stepmom.

It's very generous, thank you.

Holy shit. Birthday card from Faith, 2005.

Yes, according to Kim Decker,

she was Chris Keller's girlfriend.

You find her?

CHEN: You haven't talked to him

since he's been out?MELANIE: It was a long time ago.

What happened to Eric...To Eric, Melanie?

Or his mom?

He didn't do it.

Two years ago, Eric Fisher sent you $7,500.

Why?

I wrote to him. I was having money trouble.

You also talked on the phone.

After the articles,

when it looked like Eric was getting out.

Yeah, it feels like a payoff.

To keep your mouth shut?

No, it was...

...compensation.

For what?

MELANIE: He gave me herpes.

20 years before?

Uh-uh.

You really want to protect someone

who did this...

to his mother?

[pushes photos]Stop.

CHEN: Okay, if Eric didn't do it,

who did?

He told me Chris Keller.

I believed him.

Chris was real violent.

What about the other people in his apartment complex?

Like Trey Carano, the Pines?

That was Chris's.

You remember this?

A cord?

He kept it on his backpack.

He wanted to use it on me.

To choke me.

For sex.

[nearby coughing]

WOMAN: Nurse Pruitt?

[door opens]I wouldn't let him do it.

[coughing continues]

Can I go now?

Let's go take care of that cough.

[children chattering playfully in distance]

YOUNG: I believe her-- if someone

tried to choke me with that thing, I'd remember it.

Fisher's defense is gonna use the cord.

They're gonna say Keller did it.

[school bell rings]Who knows?

Maybe we are, too.

[music playing faintly]

Eric Fisher.

Finally.

[quiet laugh]

I invited a few friends over for dinner.

I hope that's okay.

No, it's, uh, it's fine.

I told them not to ask too many questions, you know.

You know, the man just got out. [chuckles]

But if you feel uncomfortable at any moment,

just, you know, say the word.

MAN: Is he here?

Um...

Eric Fisher, meet Dolph.

Dolph Weber.

The boyfriend.

Hey, man... welcome back.

How's it feel?

Fuck, we need ice.

[short laugh]

He's not my boyfriend.

[quiet laugh]

[indistinct chatter]

HEATHER: This is exactly why we shouldn't

trash physical evidence.

Even after two appeals.

Medium-velocity blood spatter.

Not just drips.

I remember.

Caused by some type of hit.

Meaning he was present at the murder.

Not necessarily.

Fisher said he was kneeling beside her.

His foot, near her mouth...

Contrary to Russell's testimony,

there were drops of blood on the sleeves here.

And these were grease stains, not blood.

Same for his pants.

No blood spatter, day of the crime.

Do you think this could've caused this pattern here?

I'd have the coroner take a look.

Your father sounds like an amazing man.

He gave me hope.

Prison-- if you give up hope...

You give up.

Trina runs a podcast about the American justice system.

All right...

And if she asks you to do it now,

I'm gonna shoot her.

[laughter]

What about when you confessed?

Which he did.

Like, four times, I think.

Yeah, to get parole.

Eh, Detective Russell-- why did he go after you?

Look, I don't know, man.

You got to ask him.

But the papers looked at his other cases.

It's not like he framed somebody else.

Okay. Hey.

What? Cut it out.

Why?

'Cause you want to fuck him?

I get along, finding myself in the darkness

Good luck with that.

Well, we waste our time

When we could be righting every wrong.

Lose ourselves...

Yeah, I had a patient who was in county

for a year on a DUI.

He couldn't talk about it for six months.

Of all that never was but should have been...

You survive by holding onto the truth.

I mean, if you don't say it

over and over...

and over again to yourself,

out loud, to anybody who will listen...

it slips away.

Like a white doe in the woodlands.

So, keep doing that.

Um, telling your story.

Your truth.

[sighs]

No, not just for you.

To help make sure it doesn't happen to anybody else.

Start with Trina's podcast.

She's got a huge audience.

I don't know. After that, I've got

loads of connections.

You need to own your story.

Let it go with

Do you think...?

The hurt of all the promises...

Do you believe

that I'm innocent?

The pride behind apologies...

Like, do you know that?

And the tragedy of hope they left for dead...

You want to check again?

[both moaning, panting]

Eric...

take it out on me.

What they did to you.

I can handle it.

I want to,

I want to handle it.

[short laugh]

[panting]

[passionate moaning]

Oh, shit.

It's okay, it's okay.

Listen to me.

If that hadn't happened, I'd be worried.

[both laughing]

CAMERON: So, this wasn't the Quadrobow?

It's possible.

The coroner's testing it now.

Okay, well, Poulos is already lining up experts who will say

it's from the same shoe as the print in the kitchen.

Chris Keller's, yeah.

We're fine with that.

Melanie Pruitt says the cord belonged to Keller.

And Keller told Dave Russell he was in town

two days before the murder.

[sniffing]

That's it, man.

We're all cleaned out.

What day is it?

Thursday.

[clears throat]

All right, come on.

She won't be back before 3:00.

YOUNG: So they head over to Eric's house.

[garage door opening]

Fuck.

[door opens]

[door closes]

Oh, goddamn it.

Eric?

What the hell are you doing here?

Nothing. Jesus.

You're high.

You shit, you need to get out of here.

Don't fucking touch me, bitch.

[laughing]

[grunting]

Aah! Fuck!

[Chris grunts]

[Mary screams]

[laughs]: Oh, shit!

[laughs]

Shit!

[grunting]

[grunting]

Fuck.

[grunts hard]

[gasping, panting]

[both grunt]

[Mary gurgling]

Look away.

Look away!

Chris Keller gets blood on his sneaker.

Goes into the kitchen to clean up.

Leaves the second shoe print.

Then what?

Well, his clothes would be drenched in blood

after an attack like that, so, yeah...

Either Eric forgot to check the sneakers

or he didn't see the blood.

Meanwhile, Keller goes through the purse,

But he didn't find

the six 20s in the side pocket.

Then he gets the hell out of there.

Takes Eric's bloody clothes so he can ditch them.

And Eric stays behind, calls his dad,

the operator, tells his story.

Multiple weapons.

Multiple killers.

It makes more sense than Russell's theory.

"More" or just as much?

'Cause Fisher says that he crawled through the window

after he saw his mother inside on the floor.

So, if you've got hard evidence that contradicts that,

[laughs] I haven't heard it yet.

The blood spatter on the shoe print-- our analyst says that

it proves that Fisher was in close proximity to his mother.

While he was killing her or after he found her?

'Cause, Jesus, he admits proximity.

Melanie Pruitt. Can she help?

For the defense, maybe. She thinks Keller did it alone.

Best we can do is use the asshole's herpes payoff

to discredit her testimony.

CAMERON: And you're sure

we can't use Russell?

Not if we want to win.

We need more.

We need more or we're gonna look

like the bad guys.

Shrinks, counselors, friends, neighbors,

all the leads that Russell ignored.

What do think we're doing?

Do it better. Okay.

If you're still having doubts about who the bad guys are,

you need to listen to this.

The way he answers the second time,

when they call him back.

ERIC: Sherman Oaks. Please hurry.

DISPATCHER: Calm down and tell me what happened.

ERIC: I don't know how it happened.He's all frantic.

They-they stabbed her.

Oh, my God, she's dying. Get over here!

DISPATCHER: Just hang on a few minutes.

We're sending an ambulance to you right away.

ERIC: Okay, hurry.

[line ringing]

DISPATCHER: Mr. Fisher, this is the Los Angeles City Fire Department.

Now listen.

ERIC: Yeah, hi.DISPATCHER: We're calling you back.

You said there was an attack.

ERIC: A-Attack? Yes. Yes, there was!

And then he ramps himself up again.

DISPATCHER: Can you tell me who attacked your mom?

This guy is so fucking guilty.

NEWSWOMAN: President Obama, meanwhile, praised

the two men for listening to each other's points of view

and he cites their dialogue as a teachable moment.

And in local news, L.A. County District Attorney...

Mmm.Bacon and eggs.

Problem is, can only make 'em for 400.

DALTON: The D.A.'s office stands by Eric Fisher's conviction.

We have every intention

of retrying this case.What the fuck?

REPORTER: Mr. Poulos, care to comment on the D.A.'s announcement

that they'll retry your client Eric Fisher?

My client welcomes the opportunity for a new jury

to hear the true facts of his case...Fucking "welcomes"?

which will prove his innocence once and for all.

Hey.

ERIC: D.A. wants to retry me.

You're out here giving him the fucking finger.

They've got no shot.

Their evidence is either lost or discredited.

Their star witness is a proven liar.

I could win this case in my sleep.

I say... bring it on.

[scoffs]Look, man, as far as we're concerned,

they're just adding zeroes to the settlement.

It's-it's the money. The money.

It's all you care about.And you should care,

too, a lot.

What are you gonna do for work? Who's gonna hire you?

Until you've been compensated for what they stole from you,

you're never gonna be free.

When I'm finished with them,

you'll be set for life.

Yeah, I got to fucking fire his ass.

I'm gonna represent myself.

Motherfucker.

[sighs]

[bottle thuds]Poulos is right.

[chuckles]

Think about it. That money represents...

I mean, that could give you a future.

A future I'd-- I don't know-- like to be part of.

[chuckles] Yeah, well, why wouldn't you?

You know? Why wouldn't you want to be a part

if it's a fucking payday?

[sighs]

Yeah, that's why I wrote to you

in prison for the last two years. I thought, "Oh,

"he's gonna get out for sure, get a big fat settlement check.

I'll be straight."

Come on.

Come on.

Do you think I want your money?What money?

They're gonna put me back in prison.

I got to get the fuck out of here.

[saxophone playing]MAN: Hey, brother,

you got some change? Hey, man, hey,

you got some change?

MAN 2: H-Hey, check this one out.

[hip-hop playing]

[overlapping chatter]

[woman screaming]

MAN 3: Sensible artwork.

Everything by hand.

[rock music playing]

[helicopter blades whirring]

[clears throat]

[quietly]: Look...

I've been alone for 26 years.

I'm not used to trusting anybody.

But if you give me a second chance, I-I'd like to try.

[sniffles]

Just... just don't walk out on me like that.

Thank you.Hope you packed your toothbrush.

Hey.

We got this.

BAILIFF: All rise.

The Honorable Caitlin Berkley presiding.

Be seated.

We're here for a status conference

on People v. Fisher.

Ms. Cameron, does the D.A.'s office intend to proceed

with the prosecution of this case?

Your Honor, there is no doubt in my mind

that Eric Fisher is guilty of murder.

Blood spatter on his shoes, motive,

and the personal nature of the crime

all incriminate Fisher as the perpetrator

of this brutal murder.

And then we have his obvious lies after the murder, his...

multiple confessions of guilt,

and more recently, evidence that he paid a witness

a substantial sum of money to keep her from testifying

against him.

That's something we believe we can prove.

POULOS: If it's time for opening arguments,

I got a real doozy.

It's called the truth,

and it refutes every word she just said and more.

Point taken, Mr. Poulos.

Ms. Cameron.

It's been 26 years.

Witnesses have died.

Crucial evidence has been destroyed.

If we could

time-travel back to the 1980s,

I'm confident that we could prove Fisher's guilt

beyond a reasonable doubt.

But here and now,

we're not certain that we could achieve that result.

And so, regrettably, we move

to dismiss this case

without prejudice.

Mr. Fisher, you're free to go.

Yes! Yes. Yes. Yeah.

What the hell was that?Evidence wasn't good enough.

Not for my boss, not for the city...

Hey, this is wrong.

He's done 26 years.

Carol.

It's just politics.

DISPATCHER: What's your name and location?

ERIC: It's Eric Fisher. 4568 Addison Street.

Sherman Oaks. Please hurry.

DISPATCHER: Can you tell me how it happened?

ERIC: I don't know how it happened.

They-they stabbed her.

Oh, my God, she's dying. Get over here!

DISPATCHER: Just hang on a few minutes.

We're sending an ambulance to you right away.

ERIC: Okay, hurry.

He said "they."

"They stabbed her." "They stabbed my mother."

If he did it with Keller, he wouldn't say "they."

Drop it. It's over.

Crazed hippies.

That's what he told the first responders.

What if he was telling the truth?

You're not gonna help me pack up, are you?

I'm serious.

What if there's a real "they"?

Oh, they're real.

And they're still out there.

[line ringing]

DISPATCHER: Los Angeles City Fire Department.

ERIC: I need an ambulance. Hurry.

DISPATCHER: Calm down and tell me what happened.

ERIC: My mom's fucking dying, okay?

Just get over here.

DISPATCHER: What's your name and location?

ERIC: It's Eric Fisher. 4568 Addison Street.

Sherman Oaks. Please hurry.

DISPATCHER: Can you tell me how it happened?

ERIC: I don't know how it happened.

They-they stabbed her.

Oh, my God, she's dying. Get over here!

DISPATCHER: Just hang on a few minutes.

We're sending an ambulance to you right away.

ERIC: Okay, hurry.

[dialing]

[line ringing]

DISPATCHER: Mr. Fisher,

this is the Los Angeles City Fire Department.

ERIC: Yeah, hi.

DISPATCHER: We're calling you back.

You said there was an attack.

ERIC: A-Attack? Yes. Yes, there was!

My mom. You need to come quickly.

DISPATCHER: Can you tell me who attacked your mom?

ERIC: I have no idea. I saw her through the window,

so I-I broke in.

Mom, hang on.

DISPATCHER: Okay, but it wasn't you, right?

ERIC: It wasn't me. I don't know,

I don't, I don't know who did it.

Oh, God.

Oh, Jesus.

Captioned by Media Access Group at WGBH access.wgbh.org