Original subtitles

man 1: Calling criminal case number 1987H0974JTM.

In the Supreme Court of Judicature

court of appeal criminal division

on appeal from the Crown Court at East Sussex,

the honorable Mr. Justice Levi from the royal court of Sussex.

Date, December 22nd, 1987 before Lord Justice Worben,

Mr. Justice Keith, and Mr. Justice Simon.

This is an appeal by Daniel Puner on a reference

from the criminal cases review commission

against his conviction on November 13th, 1987

before Justice Levi and the jury of the Crown Court

of East Sussex on the murder of his father Harold Puner.

On the morning of November 1st, 1987,

Mr. Harold Puner, age 54, was found crushed to death

under the washing machine of the appellant

and his father's launderette in East Sussex.

The prosecution's case was that

about 10:00 p.m. the night before,

he had deliberately in a rage, picked up a heavy metal block,

a compartment of the washing machine

and smashed his father's head repeatedly

until and beyond the point of death.

The defense's case was that the appellant had been

in a state of mental illness at the time of crime.

The critical issue on which

the judge directed the jury was whether

when he dropped the metal block on his father's head--

man 2: Place your hands on the Bible

and swear by Almighty God that you'll speak only the truth,

the whole truth and nothing but the truth.

Now, Mr. Puner, if you'd place your hands on the bible

and repeat after me please.

I swear by Almighty God.

Daniel: I--I--I swear by Almighty God...

that I--

man: That I'll speak.

Daniel: Will--will speak nothing.

man: I'll speak nothing but the truth.

Daniel: But the--the--

man: The truth.

Daniel: No.

No. No. No. No.

Judge: As to the issue of competency,

we must continuously determine

whether a criminal defendant is competent to stand trial.

Justice: We don't have an objection

to proceeding down that road.

We're not asking for that.

Judge: If I didn't think Mr. Puner

was competent to stand trial,

we would not be here at this moment.

Justice: The view we've taken all along

up to and including yesterday

and we don't see any change on that issue for today.

Therefore the defendant's plea for not guilty

for reason of insanity I believe is unfounded.

Lawyer: Objection, your honor.

Justice: Denied.

Now, Mr. Puner, is there anything

you'd like to address?

Mr. Puner, if you would take a seat.

(murmuring)

Daniel: I hope you all burn in hell.

Justice: Mr. Puner, I will not tolerate

such brash comments in this courtroom.

Now if you will take your seat.

Judge: Mr. Foreman, how does the jury

find the defendant on the charge of manslaughter?

Foreman: Guilty, your honor.

Can I help you?

Yes.

My name is Katherine McLane.

I'm here to visit someone.

Well, can I see some form of identification, please?

Your ID please?

Yes, sir. I'm sorry.

And who are you here to visit?

Daniel.

His name is Daniel Puner.

And what is the nature of your relationship

with Mr. Puner, Miss McLane?

He's my brother.

Do you have an appointment?

No.

Have you ever visited a prison before?

I'm afraid not.

You have to call to set up an appointment

for public or family visits.

It's prison regulations.

Please, it's an urgent matter.

My mother--our mother is ill, critically ill.

John, yes, I have someone here.

She hasn't got an appointment.

man: (on PA) Officer Gregg in the B wing.

Puner 425. Okay.

Take a seat, please.

Thank you.

Please have a seat.

Coffee?

No, thank you.

man: (on PA) Medical attention to the kitchen.

These are my documents.

It's my birth certificate and my parents' divorce papers.

'75, that's 27 years ago.

Is that when you last saw your brother?

That's correct, officer.

I don't want to pry too deep in matters that don't concern me,

but why after all this time

have you finally decided to come and see him?

My parents separated when I was 3½

and my mother hid everything.

Miss. McLane or should I call you Miss. Puner?

Katherine, please.

Katherine McLane.

Daniel's been with us for the last 15 years.

And not once did he ever get a visit

from your mother or yourself.

I'm not quite sure

whether I can just introduce you to him as his sister.

I understand that, sir.

Okay.

man: (on PA) Red band prisoners,

return to your cells.

That's a red band prisoner

meaning they are model prisoners.

Your brother used to be one, but not anymore.

Good morning.

How are you today, Daniel?

What's this?

Did you get your ham and cheese this morning?

Okay, come on.

Hey, psst.

When do I get my red band back?

When do I get my red band back, officer?

Not for a while, Daniel.

You know you broke the rules last time.

I know but--but I've done my chores, you know?

Guard: I've heard good reports about you

but I'll need to see a little bit more of that.

Who's that?

I'm Katherine.

Katherine McLane.

Don't forget me.

Don't forget me, officer.

Guard: I won't.

man: (on PA) Officer Mann to the front desk.

Jill?

I don't understand.

He calls himself Jill or Alex or William,

whoever he wants to be.

I believe that he's been suffering

from a common prison disorder.

A disorder?

Sometimes he's happy.

Sometimes he's depressed.

And at times he's aggressive.

Consequently losing his red band.

Does he stand any chance of getting out?

Daniel committed a capital offense.

He killed your father.

How much do you remember about Daniel?

My memory is very vague.

Has Daniel ever mentioned us?

No.

No one other than your father.

I'm sorry.

Why, of course, why should he?

Where is your mother now?

She is--

still there.

I bought you some lilies today, Mother.

Thought you might like a change.

I went to visit Daniel today.

That boy you always avoided to talk about.

You'll be surprised, how much he's grown.

Wonder what it'd be like if we were all together now.

(whispering)

Of course, he remembers you, Mother.

Of course, he does.

Guard: Okay, line up.

Your ID?

Okay.

ID?

Okay.

Okay.

Follow me.

How are you today?

I'm okay.

Danny, do you remember me?

It's Alex.

But you can call me Danny.

I'm used to that.

You're not an attorney, are you?

I'm not.

A Samaritan?

I don't really don't need anyone to talk to.

I have lots of friends in here.

No, I just want to--

I'm only joking.

You're the little one.

I remember you.

I got something for you.

I thought they might be useful.

And I found this in Evelyn's drawer.

I brought you some books.

Mother used to read these--

I always wanted a new pair of shoes, you know?

But these just don't do the job when I'm in the gym.

You work out?

Yeah.

Well, I did when I was a red band.

They let you walk around, you know?

Use the prison gym whenever you want.

Is that what you used to do? Go to the gym every day?

Yeah.

Why did they take your red band away?

I don't know but--well, I woke up one morning

and all of a sudden they told me I had misbehaved

and I couldn't use the gym anymore.

You know--you know, when you wake up

and you don't know what's going on...

yeah, well, I get that a lot.

I never did nothing.

But I always have to pay for what the others do wrong.

The others?

Right.

I don't want to talk about that now.

Danny, what was Harold like?

Danny?

He was--he was--

he was a good-- he was a good man.

Good man.

I never did nothing wrong.

I never did anything wrong.

Danny?

I need to get going.

I don't want to miss recreation hour.

Girl: Come out and play with me.

(woman humming)

Mommy?

Mommy?

He's calling me again.

Mommy?

Stop it. Stop it! Stop it!

No one is calling for you, stupid child!

Just one of your stupid dreams, that's all!

Back to your room now!

You remind me of someone I knew back when I was young.

She was a fragile little doll.

It always made me want to...

fuck her.

It is a pleasure to have a new visitor.

I've heard about you.

Daniel?

It's William.

I came to tell you that mother passed away a week ago.

Daniel never had a mother nor a sister.

Her name is Evelyn and I'm Katherine McLane.

Puner.

Daniel's last name is Puner.

Mother changed our last name.

What was she like?

She was a perfectionist.

Perhaps like yourself.

Danny?

You should learn to deal with the others.

Ever since she came--

(murmuring)

Oscar Wilde?

What's wrong?

I thought you might like to--

It's not really my cup of tea, you see.

We do have a library in here, you know?

It's not that we don't have a choice.

Sorry, I didn't know.

Sometimes it's better not to know, isn't it?

But why don't we talk about you for the time being?

There's not much to tell,

especially since mother's funeral.

You still live and breathe her, don't you?

She passed away.

She's not here anymore.

I'm sorry.

What are you sorry for?

Did she hit you that many times?

You resent her, don't you?

Let me tell you how I see it.

You think it will make you feel better

hearing how we used to be beaten up.

You think you're better than Daniel,

but you're not much different.

Maybe worse.

All your life you craved her love.

But you never got it.

Don't come here seeking that love and affection

you think you deserve.

Don't come here with your self pity.

Maybe you are right.

I did crave her love.

But she was thinking about you all the time.

Daniel doesn't remember his mother, you know?

Sometimes it's painful not knowing anything.

Scared of unknown.

(dogs barking)

Are you--are you angry about our last meeting?

No. It wasn't you.

You know,

I know when the others have done something wrong.

It's like I wake up and I see someone's reaction

and I think, "God, not again."

We used to play a lot in that dirty basement.

What basement?

Harold--Harold and Evelyn had a dry cleaners.

They kept clean clothing hanging in the basement.

Remember?

Harold and Evelyn?

You remember them together?

Yeah.

Do you remember that sound, the steam?

The smell of different people?

You loved hiding behind all the fur coats,

snuggling up between them.

Fur?

Yeah.

Yes, I do remember.

And you would always bury me in them.

Not always.

Yes, you would.

I remember I almost suffocated once

and you wouldn't let me go.

I'd never do that.

Yes, yes, you did.

No.

And then-- then I remember,

I'd run under another fur coat and you'd catch me again

until I'd always end up crying.

I never meant it.

What were they like?

What was mum and dad like together?

There were-- there were things

the little one was not supposed to see.

Like what?

He'd force Evelyn into some of the customer's clothing

and they'd...they--

the little one was not supposed to know.

Where was Danny when all this happened?

Where do you think he was?

Danny's a fucking coward!

He--he--he couldn't protect the little one.

So I had to take over.

So you were the one

I always used to play with in the basement?

Alex?

What happened between you and dad?

I'm tired.

Yes, I'd like the number of Anna Bates.

Hello.

May I speak with Anna please?

My name is Katherine McLane

and I'd like to talk with you about Daniel Puner.

(line disconnects)

Hello?

man: (on phone) Barnstable Grammar School,

can I help?

Katherine: (on phone) Yes.

I'm looking for information on an ex-pupil of yours.

man: What year?

Katherine: He left around 1980-81.

man: I'm sorry but we only keep record up to five years.

Oh, thank you.

man: (on phone) Porfit Solicitors.

Can I help you?

Katherine: (on phone) Good afternoon.

I've been trying to get in contact with Mr. Edmunds.

man: I'm afraid he no longer works for this firm,

but I can give you a number

where they may be able to help you.

Oh, thank you.

man: (on answering machine) This is a message

for Miss McLane.

My name is Arthur Wells.

You called regarding an old case of mine.

I'm afraid I can't help you but there is one person

I can point you to that might be of interest.

woman: It's been a long time

since someone came asking about him.

All sorts of people used to.

Writers, journalists...

I refused to speak to anyone.

Do you still do counseling?

No.

I quit.

I met your brother at the school where I was working.

At first he was just one of the kids,

but I started to notice him because he was different.

He was desperate about things.

Most of the time, he was a very funny,

very bright and mature for his age.

But he had this erratic and distant behavior

that I never understood.

We'd make arrangements

and then he'd forget about them,

then lie to me about where he was.

Sometimes, he'd even forget my name

and ask me why he was in a session with me.

You know, he used to talk about you all the time.

He'd become like a little boy when he spoke about you.

He'd get very excited and then upset and depressed.

Then he just wasn't there anymore.

He wouldn't let me in.

I think it was very difficult for him

watching you leave with your mother.

I was only five.

The little one there is only five.

Children look so carefree but they remember things.

Did he talk about father a lot?

No, not a lot.

At times he'd say...

he's a good man.

And other times he'd curse him.

But it was very hard to believe

that Daniel had murdered your father.

Did you believe he did it?

No, I didn't.

And obviously that's what I said in court.

He's at a prison in Devon.

There's not much I can do.

I'm sorry.

What a busy bee you are.

You can't keep on doing this to me.

Doing what?

Playing games.

I never asked for you to come and visit me in the first place.

You don't mean that.

I do.

You're just scared to know the truth.

Indifferent, more like.

I don't care.

You're lying.

All of you are lying about who you are.

William, Alex, Jill. You're all dying.

I am trying so hard to--to--

To what?

I told you not to come here out of self-pity.

What truth is there to be found?

What's there to change?

Nothing's gonna change.

What can you remember, Danny?

All right there, Danny boy?

One more, yeah?

Don't mess with me.

(screaming)

I think it's time for Danny to find out the truth.

What happened on the day of the murder?

Shut up!

No one's gonna get in my way.

No one! No one!

No one.

man: Everything will be fine.

Everything.

Everything will be fine.

Don't worry about it.

ID?

Okay.

Okay.

Okay, I think you'll need this.

Right this way.

They said it took three minutes for Howard to stop breathing.

I didn't do it, you know?

Danny, what happened?

Someone's-- someone's been

playing around with Danny's drawings.

Someone? Who?

Since you started coming,

everything seems to get all mixed up.

Before that Danny was fine.

We were all fine.

Maybe Danny wants to know the truth.

William seems to think

we should get rid of the unknown.

What do you mean by that?

Because he knows the truth.

Who is the unknown?

Alex?

Are you remembering things now?

That's what Danny's trying to do all the time.

Drawing that stupid picture over and over again.

You mean the veils?

Who's the supervisor?

No, no, tomorrow we're gonna transfer--

(indistinct chatter)

man: (on PA) Officer Gregg to the B wing.

Why do you keep pushing her away?

You heard her.

She called us a liar.

She didn't mean it.

You're giving in to that cunt.

She's only trying to help.

Shut up.

I don't trust you.

I want you to go away.

You can't make me.

You fucking coward.

I can.

You won't.

I will.

Guard: Danny? Danny?

Danny?

Come let's go to bed.

Danny?

Danny?

Danny?

Danny?

Danny? Danny?

Mike, 425, doctor!

Get me a doctor now!

Danny? Danny?

Danny?

Danny?

Danny?

You know you're not supposed to be in there.

Why do you do these things?

Why do you do everything I tell you not to do?

Everything is gonna be all right.

Everything is gonna be fine.

Everything is gonna be all right.

Everything will be fine.

All right, Danny.

(heavy breathing)

(knocking on door)

Come in.

I remember now...

what happened in our family.

He needs to know, officer.

Bob, open 425.

Yeah.

Remember that hot summer day?

You were cutting my hair in the basement.

And father came in

and found out what we were doing.

And he hit you.

And then...

while I was hiding so frightened...

I know what he did to you, Danny,

over and over.

I saw everything.

No.

I don't want to listen anymore.

I didn't do it.

I know you didn't, Danny, but I need answers.

I still remember the way you looked at me

while I just watched hiding behind the clothes.

I've always been frightened of the curtains in my room,

now I know why.

I thought it was just all a bad dream.

I finished the drawing, you know?

I gave you all the answers, didn't I?

Who are you?

I'm Katie, Danny's sister.

The others told me

little Katherine would never come back.

Katherine-- Katherine deserted him.

She said she would come back but she never did.

I didn't leave.

You left him alone in that house.

I had no choice.

Yes, you did. Yes, you did.

You weren't strong enough to protect him.

That's why I had to take care of Danny.

I was the one always there for Danny.

That's why I was always the one

who had to deal with Danny's anger.

That's why I killed Harold for him.

You killed him?

Please, forgive me.

Why are you always apologizing?

Be strong for us again, Danny.

I'm a murderer.

Mann: (on answering machine) This is a message

for Katherine McLane from Officer Mann.

Miss McLane, I'd like to inform you that

after your request and testimony

Daniel's case is being reviewed.

I'm also happy to inform you that

Daniel's visiting hours are being extended.

I wish you luck and I expect to see you soon.