All language subtitles for Fatal.Memories.1992.540p.WEB-DL.AAC2.0.H.264-squalor

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Original subtitles

This is Jack winger of KNSC news

speaking to you live from the courthouse in redwood city.

In December of 1969,

a groundskeeper making his usual rounds

discovered the body of 8-year-old Susan Nason

in a litter-strewn ravine

Mr. and Mrs. Nason, parents of the murdered child,

have just entered the courtroom now.

We can only wonder at the thoughts and feelings

That they will re-living here today.

Since his arrest, the accused, George Franklin, sr., 51,

a retired firefighter and a father of five,

has trimmed his hair

And how wears steel-rimmed glasses.

His accuser is his own daughter,

Eileen Franklin-Lipsker,

who will testify today.

The record will reflect the presence of the jury...

The defendant with counsel.

The people are represented.

Miss tipton, you may call your first witness.

Thank you, your honor.

I'd like to call Eileen Franklin-Lipsker.

That's hyphen Lipsker.

State your name, and spell your first and last names.

Eileen Franklin-Lipsker.

E-i-l-e-e-n

L-i-p-s-k-e-r.

Do you swear to tell the whole truth

and nothing but the truth, so help you god?

- Yes. - Thank you.

Have a seat, please.

Miss Lipsker, please try to stay

as close to the microphone as is comfortable...

It doesn't pick up that well.

Okay. Thank you.

Good morning, Eileen.

- Good morning. - Will you tell the court where you reside?

We did live in Los Angeles.

But my husband's computer business

Made it necessary for us to move to Switzerland.

And the actual business that your husband performs is what?

Consulting on mainframe computer systems.

Okay. And that's the primary reason for your move?

Yes. And we felt that it would be

A healthy, safe place to raise our children.

Mm-hmm.

Now, can you identify the defendant?

He's sitting over there

in a dark suit with a striped tie.

And what is your relationship to the defendant?

He's my father.

How would you describe your relationship to the defendant

while you were growing up?

I was his favorite.

And can you tell us when the memories involving your father

Began to come back?

At first they were pictures I didn't understand.

They started when we still lived in Los Angeles

some two years ago...

So how long will you be up in San Francisco?

Just the weekend.

I'm not really sure I want the family to know

I'm gonna be in the area, though.

Oh, don't worry. We hardly ever talk.

I did go up, though, for my ten-year high school reunion.

You're kidding.

I didn't see the family.

So did you go by the house or the neighborhood or...

No. I didn't want to.

Mommy, mommy! Look!

- I left my cigarettes in the car. - You should quit.

Mommy, watch me! Come here! Come here!

Okay.

- Are you ready? - Uh-huh.

Here comes sica the acrobat!

Oh! Good!

Mommy, I want to come down.

Okay. Put your legs around here.

Thatta boy. Down you go.

Good! Want to do it again?

- Yeah! - Okay, go around there.

Sica?

Sica!

Sica?!

Sica!

Sica!

Sica! Sica!!!

Mommy, mommy!

Here I am!

Don't you ever, ever run off like that again!

Do you understand me?!

How can I hide?

Stop it. Stop it! Stop it, both of you!

Please stay where I can see you!

Settle down, settle down.

Let's go get a drink at the table. Go ahead.

What frightened you so much?

I overreacted.

Mmm...

Hmm.

Are you taping that tennis match for me?

Oh... i forgot.

Eileen, for Pete's sake!

I could have yelled "fire."

I think that's a federal offense.

You've already worked a zillion hours this week.

And I have to work a zillion more until I finish this job.

I just need a little more time.

- As soon as we get to... - Get to Switzerland, blah, blah, blah.

I miss my husband, Barry.

Aaah!

Are you okay?

Yes.

Careful. I'll do that. You get Aaron back to bed.

Right.

Right. Bye.

That was Barry. Something came up at work.

My phantom husband.

He says he's very sorry.

Why don't we take the time to examine your childhood a little more?

I'm glad it's over.

Maybe we should just forget it and go on.

Where would you like to go?

Sica hid in the park the other day, and I was terrified.

Of what?

I don't know.

It was a... a beautiful, sunny day,

And I went ice cold.

What did you think would happen to her?

Something horrible.

I don't know why, but that's what I'm afraid of.

Something really terrible.

Are you okay?

How can I be okay

When I'm married to a man who works all the time and doesn't see me?

Well, I see you now. That's why I asked.

You seem jumpy and nervous.

I'm worried.

You ask, but you want me to answer "yes, I'm fine." So yes, I'm fine.

No, what I want you to answer is what's going on.

Are you sorry we're moving to Switzerland?

No. I can hardly wait.

You'll turn into this wonderfully relaxed person

And we'll have two-hour lunches and take the kids on hikes.

And what will you turn into?

Oh, Barry.

You must have had a good session with Evan.

Does this mean I don't have to go back to therapy with you?

You're a brilliant man and a terrific father.

And when I married you, I thought I turned my life around.

So why isn't everything perfect?

Everyone's question, huh?

Come on.

Mom?

What was your mother's response?

She saw us, and went out and closed the door.

Did you try and tell her?

Later.

I said, "he hurt me."

And she looked at me and said I was fine.

How old were you?

Maybe around six or seven.

How has your father been with your children?

We haven't seen him in about four years.

Any reason for that?

Once I walked in and he was holding sica on his lap.

And I didn't know why at the time,

But I grabbed her and I asked him to leave.

I was frightened and angry.

What happened then?

I remember how he looked at me.

As if he knew... Even though I didn't.

He never came over again.

He sent cards for birthdays.

How is it humanly possible to suddenly remember these things?

Things I never even knew happened?

It could be a protective reaction

to repress something that was...

overwhelming you

or it put you in danger.

Then you believe me?

Of course I believe you.

Oh, man, I missed it!

Okay, guys. Come on. Bed.

Give me the ball.

Come on. No... Give me the ball.

Darn it!

It's bedtime.

Oh, just one more.

Sica.

- Can we watch a cartoon? - Come on.

- But there's no school tomorrow. - You can look at picture books.

- Let's go. - In bed.

But it's still light out.

It's still bedtime.

Isn't anybody coming up?

Doesn't somebody always come up?

Hey.

Ahhh. You want me to lift you up?

Come on.

I'll help you clean up the dishes.

- Stay out a little while with me. - I can't.

I have hours of work to do before I go to bed.

I really do.

It's the only way I was able to come home early.

You go on. I'll clean up.

Mommy?

Well, hello.

Oh, my sleepy boy. How was your nap?

Fine.

How about some time with mom?

Like a book, maybe?

Okay.

Are you and Kristen having fun, sica?

Kristen likes to color too, mommy.

Well, that's nice. Huh, Kristen?

Okay.

"A."

Uh-huh.

"Apple."

Yeah. Have you read this book before?

"Ant." that's an ant, yes.

Is there an uncle here?

"B."

"Bubble."

That's so pretty. What a beautiful family.

Because it's yours, dad.

No, because it's yours.

Don't get too close.

I can't make you into a movie star if you get too close.

Oh.

Alright, okay.

So we're gonna go across the bridge

and then up the hill, okay?

Is there hills like this ins Switzerland?

Oh, bigger. Bigger hills. And much higher.

Really? How high?

Higher than this?

Oh, way higher, way higher.

With lots and lots of snow.

- You can make a snowman every day. - Yay!

Dad, can we go throw rocks at the frogs?

Well, the frogs are pretty fast.

You might not get 'em.

Just throw rocks. Not at the frogs.

Okay!

Barry, come on. Take a shot.

Whoa, look at that one! Come on, daddy, come on!

What are we doin'?

Up there!

Pretty neat, huh?

What you got on your face?

Mommy! Come on, mom!

Up! Up! There.

Dad, look at this!

Mommy!

Eileen! Are you all right?

You okay?

Oh, that was so dumb.

Did you skin your knees?

No. I don't even get to wear a band-aid.

See? I'm fine.

I'm fine.

Come on, let's go.

Barry, when you do something new

and you don't know how it's going to work out,

Does it scare you?

Why should it scare me?

Because you don't know what can happen.

How do you know you can handle it?

I just know.

What's wrong?

Ohh...

Eileen?

Eileen, what is it? What is it?

- What is it? What's wrong? - No...

Eileen!

No, no...

Daddy!

What's happening?

Aaah!

Eileen!

My god.

What happened?

Eileen, what did I do?

What's wrong?

Talk to me. What happened?

These...

These pictures...

Started coming back to me.

Pictures? What pictures?

Of me and my father.

When... when I was a little girl.

There was a room.

My father let a man rape me.

He... he...

He what?

He let a man rape me.

Oh, my god.

Why... why didn't you ever tell me?

I never remembered.

Until lately.

How old were you?

Eight or nine.

Ohh...

it's so real right now I can feel the pain,

how helpless i...

No.

No, you're not helpless now.

And I'll take care of you.

You're not disgusted with me?

Oh, Eileen. You didn't do anything.

There's more.

But I can't talk about it now.

It's okay.

It's okay.

Come on. Let's get you back to bed.

No. You go.

No. I'm not leaving you sitting here.

I won't.

I'll go downstairs and... Make some tea.

No. Please. I need to be alone.

I'd like to kill your father.

Throw him in jail.

Make the son-of-a-bitch pay.

Mother.

For once will you really talk to me?

I remember beatings and shouting and awful scenes.

What I don't remember is you.

I was the fat lady in the muu-muu.

Do you remember once I was in the tub with daddy and I yelled?

And you looked in, and then you left and shut the door?

I don't remember anything like that.

No?! You were there, weren't you?

Oh, yes. For more years than I care to remember.

Why didn't you protect me?

I didn't see anything to protect you from.

I don't believe that.

I was struggling to survive in those days.

You can't imagine what my life was like.

You were my mother. I was a child.

You were supposed to take care of us.

I couldn't take care of myself.

I know that doesn't change anything.

Except maybe whether or not Susie nason was murdered.

Susie?

What has this got to with her?

Daddy killed her.

Oh, no.

I was there. I saw it.

Oh, dear god.

Why have you come to me with this?

Because you're my mother. And a lawyer.

I haven't helped you much as a mother.

And you need a criminal lawyer.

You're not shocked, are you?

Mother, please...

Are you?

No.

No, I'm not shocked.

Have you told Barry?

How will you do that?

And how will I tell my husband?

He has no idea what my first marriage was like.

- Mother... - Are you going to go to the police with this?

I don't know.

I want to do the right thing.

I owe something to Susie, don't I?

Don't I?

You didn't come just to see the baby's room.

I want to tell you some things about dad,

Some things I've been remembering.

Look, I haven't seen him for years.

Okay.

Then tell me what you remember about when we were kids.

- You were the oldest. - Not much.

I'm really very vague about growing up until I left home.

Me, too. Why, Kate? We are we all so vague?

What difference does it make? That part of our lives is over.

Besides, we're both married now.

Don't turn away.

Whatever you're trying to do...

You leave me out of it.

Somehow he could control me.

But Susie would go home and tell what he did to her.

He had to kill her.

Why didn't he kill you, too?

Sometimes I wish he had.

You're lying.

- Mom believed her, George. - Well, sure. She hates him.

I don't. I loved him.

And I love you, you're my only brother.

Then why are you ganging up on him?

He doesn't stand a chance.

Did Susie?

Did you?

When he used to beat you till you were black and blue, we stood up for you.

If... if this thing happened,

why didn't you tell right away when you got home?

I don't know. I was too scared.

Unbelievable. He's our father.

Right.

So how come none of us ever see him?

Haven't for years?

We don't talk about when we were kids. Why not? Isn't that strange?

What's strange is you and your sudden memory.

All these years and suddenly you start making these crazy accusations.

I was there. I saw it.

This is sick.

It's true, Georgie. I tried to stop it.

I didn't want to remember.

Look, I'm warning you.

Don't start anything you can't control.

You're gonna mess up everyone's life.

I don't want to mess up everyone's life.

I don't know what to do.

Does Barry know?

Not about the murder.

About... some other things.

You, too?

Oh, Jannie.

Why didn't you ever tell the things he did to you?

I couldn't.

I always thought that you were the lucky one.

That it was different for you.

There you go.

Hold on, I'm gonna get Aaron.

Hold on.

Okay, buddy, it's your turn.

There we go.

How about on this big one here?

There you go.

Ride 'em, cowboy.

Mommy, look at me! I'm the lone ranger!

Barry.

I didn't tell you everything the other night.

You mean about your dad.

And about Susie. She was my closest friend.

He molested her, too?

Barry, he murdered her.

I saw him do it.

You... you actually...

You actually saw him kill her?

She was... Sitting on, like, a little hill.

And she looked at me for help, and I couldn't save her.

Uhh...

What made you remember after all this time?

I don't know.

Sica, I think.

Lately she reminds me so much of Susie.

Ohh.

We've gotta talk to the police.

They won't believe me.

He shouldn't be out there wandering around free. He's a murderer.

Eileen, it's wrong to withhold this information.

We've gotta call the d.A.'S office as soon as we get home.

I don't want the kids to ever know

the awful things their grandfather did to me.

I'd feel so ashamed!

It's his shame. It's not yours.

Eileen, the man is a monster.

Monster? Here comes a monster!

Come here.

Go on. Call them.

All right.

Here she is.

She's gonna talk to you right now.

You tell us if there's any evidence.

Here she is.

It was in foster city.

Her name is Susan nason.

N-a-s-o-n.

And how old was Susan when this happened?

Eight or nine.

Let me think just a minute, okay?

It's my guess it happened in the fall, in '69.

All right. Why don't you just go ahead and tell us what happened?

Well, can't you just look and see if something is there?

I don't have access to the files right here.

Your husband said you would give us the details.

Why did you tell them I'd give details?

Not a lot, just enough to put two and two together.

They're asking specific questions!

Well, he needs something.

This was a major crime.

Are you listening to all of this?

Ma'am, we're with you.

Why don't you just give us a brief rundown?

We'll find the files and see if they correspond.

How would that be?

Fine.

Okay.

I was in the car with the person who committed the crime.

This was in foster city?

Uh-huh.

We went to the woods...

This is really hard.

After that, somehow he took Susie out of the car.

She looked up at me for help.

I saw him raise his arms and...

I looked away, down at her hand.

And that's when I saw the crushed ring.

Isn't that enough?

How did you come to be in his car to begin with?

Um...

Because it was... A person I knew.

Do you remember if it was raining that day?

No. It... It wasn't raining that day.

It was really...

It was a really pleasant, nice day.

I probably should have told you this.

I went to the police, too.

About Susie? When?

About seven years ago.

Why, Jannie?

I was talking to my roommate and I was remembering the night that Susie disappeared.

And I remembered that dad was acting so strange.

And you were so scared.

The police came, didn't they?

Yeah.

You didn't come down. You stayed in your room.

I remember that, um,

when I came back in to talk to them,

as I was walking through the door...

Dad kicked me real hard right in the back.

Do you think he was trying to frighten you

So you wouldn't tell them anything?

It's what I think now.

I remember that I went up to your room and I got into bed with you

and you were... Shivering and soaked.

When you went to the police, what did they tell you?

Patted me on the head, told me I should go home.

Oh, Jannie, they'll never believe me, either.

No, no, it's different for you. You were there.

Go ahead, Eileen. Just call the d.A.'S office.

If they have nothing, at least we've done the right thing.

Maybe I should have asked Susie's parents.

Wouldn't you want to know the truth?

To know that the person responsible is finally put away?

The person responsible? Barry, it's my father.

We were waiting for you to call back.

Uh, we seldom get this excited

about a case.

You're not the person I spoke with before.

Who is this?

Detective sergeant Robert Morse.

I'd like to interview you.

I live in L.A.

Could we come down this weekend?

Will you be wearing your uniforms?

I don't want our neighbors seeing police coming into the house.

Understood. No, we're...

We're plain-clothes detectives and we'll be in a rented car.

I don't mean to be rude, it's just...

I have this general mistrust of police officers.

You're in good hands.

We're the guys in the white hats.

Now...

Can you give me the name of the suspect?

I have small children. You're sure he won't know?

Well, not until we're positive we can prosecute this case.

Do you know his name and whereabouts?

It's, um...

George Franklin, sr.

He lives in the Sacramento area.

And your name?

Eileen Franklin-Lipsker.

Did you say Franklin?

Yes. It's my father.

Aaaaaah!

Mommy! Mommy!

Aaaah!

Eileen, it's okay. It's me, it's Barry.

Mommy! Mommy!

Mom!

There's my boy.

Look at all the pretty flowers we picked.

Oh, they're beautiful.

Did you leave any outside?

Okay, thank you.

Thank you.

Uh-huh.

Things don't have to look perfect.

They have to look right.

They'll be judging everything.

Making assumptions about me. Us.

Did you hear a car?

I'm Eileen Lipsker.

Bob Morse.

This is Bryan Cassandro.

How are ya?

This is Jessica.

Sica.

I'm Aaron.

Hi, Aaron.

Barry Lipsker.

Barry.

Hi. How are ya?

Come on, kids, let's go.

- Have fun. - Bye, mom.

Let's get you to grandma's.

I thought you weren't gonna wear uniforms.

Is this more like it?

No, that's not right.

Here's the Van.

They were below me.

They were below you?

Yeah.

There was sort of a hill.

Is that important?

Can you remember any inappropriate action by your father

around the time of Susan's murder?

I...

I really distanced myself from everyone after...

And yet you stayed close to your father.

I think it was a way of my staying safe...

To keep myself with him and close to him, all the time.

Now, what about your parents' marriage?

Would you call it good?

It was terrible. They fought constantly.

Did he beat her?

Yes.

Does your father drink a lot?

Quite heavily.

Any drugs?

Pot, I think.

Besides the murder,

where there other incidents of sexual abuse

with you or your siblings?

Can't we keep my brother and sisters out of this?

Excuse me.

Eileen,

what do you think of your father?

What do I think of him?

I don't know.

He must be very sick.

She loves him.

I don't get it, but she still does.

He could have killed me, too. But he didn't.

He didn't have to. He had you under his thumb just the way he wanted.

What about the time I had appendicitis?

He was the one who took me to the hospital.

He held my hand when I was afraid, he saved my life.

Then this is not a vendetta?

How could I want to send my father to prison?

How? He was a drunk,

He was emotionally and physically abusive.

Why do you all want me to hate my father?

I was a funny-looking kid

with huge freckles and buck teeth.

He told me I was beautiful

and I could be whatever I wanted.

I loved him.

You know what I say?

I say lock him up and throw away the key.

What happens now?

We arrest him.

You won't hurt him?

He'll have more protection than you or Susan ever had.

Happy birthday, mommy!

Happy birthday! Here I come!

Oh, boy.

Where did you get such a beautiful cake?

You made it!

Yeah, but who helped me with the frosting?

We did!

Mommy, you have to make a wish.

- Hello? - Mommy...

Shh!

Yes, Mr. Morse.

Okay.

It's done.

They've made the arrest.

Mommy, come on! Make a wish!

- They're using you! - That's ridiculous, George.

The d.A. Is not using me. They believe me.

You're tearing this family apart!

George, you're wrong.

I didn't do this to the family, dad did.

George?

Sweetheart.

What?

Oh, god.

What if the kids hear something at school? How do we protect them?

You tell the truth.

You saw a man do something bad.

You have to go to court and tell your story...

That's how we protect them.

You should have seen the stuff we found in Franklin's apartment.

The pornographic magazines,

and the pictures of little children.

It'd be great if we could get the jury

- to just look at that stuff. - But they can't.

So the guy's a pervert... Doesn't make him a murderer.

I'd give anything to get Franklin on the stand.

Horngrad would never risk that.

If Eileen's not a reliable witness, we got no case.

This is emotional stuff.

She could fall apart on us.

Have you done a rap sheet on me

and found out all the secrets in my past?

This is Eileen.

Good morning, Eileen.

Yes, we have.

I'm Elaine tipton. Come in.

You know everything about me and I know nothing about you.

- Have a seat. - Thanks.

Elaine is prosecuting the case.

Wait a minute. I spoke with Mr. Murray.

Mr. Murray has another trial. There's a time conflict.

You promised you wouldn't do this...

Hand me around to different people.

It would have meant a delay, and that could have hurt the case.

And your chances of winning.

My brother thinks you're using this to promote your careers.

I know that. I talked to him.

He's testifying for the defense.

This lady walks on water. You can trust her.

You told me I could trust you.

Susie is not just another case to me.

If you don't trust that, then we will wait for Mr. Murray.

Do you mean I really have a choice?

Of course you have a choice.

You're our key witness.

I don't mean to be difficult.

Oh, no, you're right to ask questions.

Eileen, we'll all on the same side here...

Your side.

I've been thinking about Susie's parents,

When I could see them.

You can't.

It might appear that you colluded with them. We can't risk that.

Yeah, you can't make any statements to the press.

In fact, you can't discuss the case with anybody.

No reading newspapers, no watching television,

and the only time you go to the courtroom

- is when you testify. - Why?

I want to hear the other witnesses.

We can't let the defense say that you got information about the murder

- Any way except from having been there. - And no therapists.

That means with my family away,

- I'll have no one. - You'll have us.

Nobody is going to believe that if you saw a therapist

you didn't talk about the trial.

And if they do subpoena your therapist about your... thank you...

About your past treatment,

we can always request that that information

remain confidential.

Thanks.

I don't have anything to hide.

Are we finished?

Unless you've got some more questions.

I would like to see my father.

I've already called the jail.

Is that something I should have asked permission to do?

Whether you see him or not is entirely up to you.

When I arrested him, the first thing he said was,

"have you talked to my daughter?"

So maybe he'll confess and save the state a lot of money.

Daddy!

Is it really you?

Yeah. It is.

It's been a long time.

At least four years.

You've changed.

This is real difficult for me.

I have some things I need to say to you.

I'm really proud of the person I've become.

You gave me so many things...

You encouraged me to learn

and better myself

And speak my mind.

So that's what I'm doing.

Daddy, I don't hate you.

All those things you taught me when I was a child,

that the truth shall set you free,

I think you meant that for both of us.

And I think you should tell the truth now.

Is there anything I can do for you?

There's one thing,

One thing that only you can do.

Anything else.

Yeah.

Come visit me again.

When I first heard this,

I felt as if a bomb had been dropped on me

and I'd never sort out the wreckage.

George is going to testify for the defense.

I wasn't sure you knew.

They blame me for wrecking the family.

Do you?

I talked with Elaine tipton today.

I'm gonna testify for the prosecution

and do all I can to support you.

What?

Thanks, mom.

I believe you were there.

And I'm sorry, because I know how much you love him.

I went to see him...

Don't tell me.

We have to be careful. We're not allowed to talk about it.

Right.

You're the lawyer.

At least your mother's standing up for you this time.

Maybe this will bring your family closer together.

Sure, if they'll ever speak to me again.

If not, your father didn't deny it, did he?

I think he was proud of me.

Proud?

Eileen, how can you still care what that man thinks of you?

What I'm doing is very hard for me, Barry.

A child shouldn't put her parent in prison.

I just want to shut the door and start over again!

This is crazy. What am I doing?

I can't leave you alone, not at a time like this.

One of us has to be with Aaron and sica.

I'll settle them in and then I'll come right back.

They can't start a new school in a strange place without one of us.

At least I know that they'll be away from all this.

I should be here for you.

I can do it alone. You know why?

Because my terrible father taught me

That I'm strong enough to handle anything.

Crazy, huh?

But I can do it.

I wish you were coming with us, mommy.

Oh... soon.

As soon as I can.

Will you be safe from the bad man?

Ohh... He can't hurt me. Not now.

I love you.

I love you, too.

Come on, guys.

I'll miss you!

- Bye, mom! - Have a good time.

Hey, we're gonna get through this, whatever happens.

I know.

I'll call you every night. We'll have a zillion-dollar phone bill.

You promise me you'll call my parents if you need anything.

And prom...

Oh, Barry.

I miss my wife, Eileen, I miss her very much.

For you and the kids. It's a going-away present.

But wait to open it till you get home, okay?

Have a good flight.

Call me when you get there so I know you're safe.

Bye! I love you!

Bye, mom! I love you!

Love you! Bye!

Will I like Dr. Terr?

I think so.

Good.

Will she decide whether I'm normal?

I don't know. Probably.

She's an expert in childhood trauma.

So we need her opinion to see how your repressed memory fits.

Is it real or did I make it up?

You said your mother had breakdowns. How old were you?

The first time maybe six.

And did anyone ever explain them to you?

My father said it was what us kids did to her.

And during this... The difficult times,

Did you ever speak in another voice?

Another voice?

No, of course not.

I'm just above-average strange.

What about being invisible?

Yes.

I thought...

if I could go into dark places and curl up so small,

they wouldn't know I was there.

I hid in closets for years.

And what did you do in the closet?

Sat. Waited. Thought.

Tell me about your father.

I thought he was...

The most handsome, wonderful man.

We had fun.

What did you and your father do that was so much fun?

Cuddle. Play.

Had adventures.

Tickled each other all over.

Until we got to laughing so hard...

I realize now it was inappropriate.

Was it during one of these times that he molested you?

I'm not sure.

He was sitting on the couch, and...

He...

Reached under my dress. And...

And made digital penetration?

It's very comfortable here.

Good place to hide?

No. A good place to be quiet.

Wasn't it ever quiet in your house?

I still hear the noise in my head.

Did you ever wonder about your friends' homes?

I thought everyone was the same.

I mean, even the Brady bunch on TV?

I figured when the dad closed the door he beat everyone up.

Want to get some coffee?

Oh, look. Come on.

Help me pick out something for my kids.

We've gotta talk.

Why does that scare me? How about the green sweatshirt?

At first when we ran a background check on you it was clean.

But then we looked again.

The blue print dress?

I was very young.

I had gotten into drugs.

Look at that well-dressed, together lady.

Would you believe that she could have been arrested for prostitution?

It's not admissible in court,

but we can't control what some reporter might find out

And make public.

Would that make your key witness less credible?

No, no. According to the psychiatrist that we have checked with,

it seems that this is a behavior pattern

That a lot of sexually abused children follow when they grow up.

Try explaining behavior patterns to my 7-year-old daughter.

How do you explain it to yourself?

If everybody finds out, do you think they'll still let me

Be the brownie leader for my kids?

I listened to the transcript.

Undercover cop got lucky.

The escort service said I'd be a natural.

How did I know I'd get a date with a cop?

He was wired, he said he didn't have your price.

When you asked him what he did have,

You told him to keep twenty so he wouldn't be broke.

I guess I wasn't cut out for the job.

Now you know why I don't trust the guys in the white hats.

Well, I was hoping we could change that.

You think he ever wonders what happened to that kid he busted?

Maybe he hopes that he stopped you in time.

You say that because you only see the downside.

What other side is there?

For me? I was in charge.

If I didn't like the terms, I said no.

That was a luxury I didn't have as a child.

We loved your present.

I just made it for breakfast for the kids.

When I'm there I'll cook up a feast.

- Did you get the kids settled in school? - Don't worry.

Sica already has a friend,

And Aaron's discovered the cows next door.

So if you need me...

I'm fine.

Just don't let the kids forget me.

You can't believe how empty this place feels without you.

Oh, yes I can.

This must have been where he parked the Van.

I'm gonna ask her to testify about the rape.

In open court?

Do you know what that would cost her?

This whole case depends on proving repressed memory.

According to Dr. Terr,

traumatic repression is substantiated

by repeated violence in childhood.

I'm not sure she can get through it.

The amount of time I've spent with her

poring over this case, seems to me she can.

Now, whether she'll agree to it...

Eileen.

We have something very difficult to ask of you.

Besides turning my life upside-down?

Sure, go ahead.

We're gonna have to include the rape testimony in the trial.

No. I will not sit up there and have all those strangers

hear what my father did to me.

That's not fair. It's not their business.

This was not a casual decision.

Then ask him about it. Have him tell you. I'm not the murderer.

He is not going to testify.

So I get to tear myself apart?

Have the world see me as damaged goods?

I'm already risking them finding out about my past... what do you guys want?

For you to be able to stop hiding in closets.

I like closets.

Eileen, if it would help,

why don't you try telling it to us, to me, now?

Just to get it out.

No.

You prove it.

Haven't I been ripped open enough?

I am here to support you in every way.

But I cannot get on that stand for you.

It's your words the jury has to hear, your pain they have to feel,

your courage they have to see.

Look, please, just...

Just sit down and try it with me once.

Okay?

Okay.

Okay. If you need me, I'll have my beeper on.

I used to get stomach aches...

and they'd keep me home from school.

So I'd go spend the day with my dad.

But if you were too sick to go to school,

how could you go out with your dad?

I don't know.

Was this his idea?

Yes.

He used to moonlight from his job as a fireman,

Paint houses and apartments and things.

One day we...

We went up to San Francisco,

To some empty apartment.

Can you describe the apartment?

Eileen?

I have to... I have to go.

What's happening? Eileen! Please, wait!

You're still here. You knew I'd be back, didn't you?

Come on.

Have a seat.

Hungry?

The floors were bare and... Cold.

Hardwood.

There were windows. No drapes.

Did I say that?

No.

There was a stereo. Cans of beer.

Who was there?

My dad...

And a man.

Do you know who he was?

That's what I remembered.

They were acting kind of crazy.

I think they were doing drugs.

And they acted crazier and crazier.

And then my father held me down on this table.

He held my shoulder.

His other hand was over my mouth.

And he...

He le... let this man rape me.

Can you identify

the man?

It was Sam Gerard.

I'm sorry. Could the witness please speak up?

Sam Gerard.

And how did you know his name?

He's my godfather.

What happened afterward?

They left me there.

I don't know where they went.

I just... Waited.

And then what did you do?

When I could sit up...

I put on my shoes and socks

And I went to find my dad so I could go home.

The court will take a 20-minute recess.

You will all remember not to discuss the proceedings

among yourselves or with anyone else.

Relax.

You did well up there.

Here, sit down.

I could hear the newspeople scribbling

Every time I said anything.

Yeah, well...

pretend you're in Elaine's office

and just breathe easy.

it's like being violated all over again

with all those strange people...

I'm not going to let them see me cry again.

It's the only private thing I've got left.

This is channel 5 news.

Today in the courtroom, shocking...

Any comments?

Does your client got a comment?

This is Susie nason.

And this is my daughter.

Thank you.

Can you see a resemblance between your daughter

- and Susie nason? - Very much so.

They're both blond, blue-eyed little girls.

And it was while you were looking at your daughter

That you had your first memory of the murder?

Yes.

I was holding my son Aaron,

and sica... Jessica...

Was below me, playing with a friend.

She looked up at me...

Her eyes are bright blue, just like Susie's...

And suddenly I saw Susie's face.

How did Susie come to be with you on the day of her disappearance?

I was with my dad in his Van.

On the board beside you there's a photo of a Van. Is that the same Van?

You can get up and take a closer look.

Yes.

We were driving around,

and we saw Susie across the street from her house

In front of a wide open field.

I was excited,

And I asked him if she could come with us.

So we picked her up.

And where did you go?

Toward a wooded place.

Now I think it must have been half moon bay.

There was a mattress in the back,

And we were... Rolling around and playing.

What happened after your father stopped the Van?

We were bouncing on the bed...

And playing.

I remember I looked out

and I saw him standing outside,

drinking a beer

And, I think, smoking a cigarette.

The side door was open.

And he... my father...

Was standing there, blocking out the sun.

And then I remember him getting into the Van.

And what did he do when he got in the Van?

He... started playing with us.

Did you remain in the back of the Van

- while he was playing with you and Susie? - At first.

And then I...

Walked up between the two front seats,

and I got onto the passenger seat

and I turned around and put my hands on the back of the seat.

Will you please describe for us what you saw?

Susie's knees bent,

her... skirt up,

something white...

Ohh, this is hard...

Um...

My father...

Did he have his trousers on?

Yes, I'm pretty sure he did.

He was holding her arms up against the mattress,

And I slid down on the floor.

Eileen,

what, if any, noise or sound

did you hear Susie make?

I think she... I think she said,

"stop! No!

No, don't!"

May I have some water, please?

Go ahead, Eileen.

Susie looked up, and we made eye contact.

And i... i think I screamed when I saw my father.

Could you describe what your father was doing?

He had his arms up...

He was holding a rock.

Then he hit her on the head with it.

And I heard...

I'm sorry.

Um...

a terrible blow.

Then I heard it again.

Could you describe what you saw?

she was...

She was slumped over.

There was blood.

A lot of blood.

Something whitish.

Clumps of hair, not... On her head.

It was so frightening I turned away.

Then I looked at her hand.

It was crushed.

I somehow focused on the ring.

It was silver.

Then I stared at it.

Then what did you do?

I ran.

What did your father do?

He came after me, pulled me down,

and held my face in the leaves,

I guess to stop me screaming.

And did you stop screaming?

I must have...

Because I was on his knee, and he was holding me and telling me...

That I had to forget it and that it was over.

Like really softly and comforting...

It was over.

What did he say to you to make sure you'd keep his secret?

That if I told, they wouldn't believe me.

They'd think I was crazy

And put me away like they did my mother.

That scared me.

Then he said they'd blame it on me

because it was my idea,

I was the one who saw Susie and wanted her to come with us.

If it hadn't have been for me, she wouldn't have been there.

Then what did he say?

He said...

If I told, he'd have to kill me, too.

Eileen, what were you doing while he was telling you this?

I was sitting on his knee, and I think I was crying.

Eileen, what were your dreams when you were a child?

I didn't dream.

Dreams of the future? Of when you were grown?

I didn't think I'd have a future.

What did you think?

That I'd be killed.

Hi, mommy.

I miss you a lot.

Guess what? A couple of days ago,

Me and Aaron drew pictures of our house in Switzerland.

See? This is mine.

There's the house, and these are the mountains.

And that's the car, and that's me.

See?

And Aaron made a picture, too.

Show her your picture.

Hi, mommy! Look at my picture!

Guess what we get to eat?

Let's make mommy really jealous

And tell her what we get to eat.

Swiss chocolate!

Mmm!

For today, a possibility of testimony

from other family members...

On the occasion that you visited your sister,

Did you spend any time discussing your family with her?

Yes.

And did the topic of dysfunctional families come up?

Yes. She was disparaging my parents.

Our parents.

Isn't it true that you told Eileen

that if she came forward

it would make it impossible for your child to grow up

without a cloud over his head?

No, I never said that.

What I told Eileen was that she and Barry are adults,

and they have to do what they think is right.

Thank you.

You're welcome.

How's it been seeing your father in court?

Some days I can't even stand to look at him.

And then I'm eight years old again

And all I want is for him not to be mad.

Did you reach Bob?

I left his beeper number in my office.

- I'll have to call him when I get up there. - Make it up.

The worst that could happen is that you've paged some gorgeous doctor

and your life would be wonderful.

My life is wonderful.

Well, you know what I mean.

It would never occur to me to say to you you should get a career,

Then your life's gonna be wonderful.

But you'd be right, it would be.

I'd love to have a career after the kids are older.

Your mother became a lawyer after two breakdowns,

five kids and an abusive marriage.

I mean, she just changed her whole future.

Just once I wish she'd say she was sorry.

Just once.

Could you forgive her then?

You're not the only one your father hurt and betrayed.

Why is it up to me?

I guess it's up to whoever has the strength to do it.

My bet's on you.

Some days I wake up scared.

And other days I wake up and feel...

Free?

To your knowledge,

Has Kate ever encouraged Eileen to disclose this information?

Objection. Asked and answered.

Relevance.

Overruled.

No, she's not.

She has been adamantly opposed to Eileen

ever since Eileen disclosed the facts to her.

Thank you. Nothing further.

You obeyed your father and didn't tell for 20 years.

Is that correct?

I didn't remember it.

Did you forget it immediately?

On the way home? The next day? When?

I don't remember.

On the way home I thought...

We shouldn't leave her, she'll be cold and frightened.

But you knew she was dead.

I did.

But I don't know if I knew what dead was at the age.

Did the police come to your house that night?

I remember hearing sounds,

doors opening, voices,

but I stayed in my room.

You were her best friend,

and you didn't talk to the police.

Objection. Misleading.

Sustained.

During the period that this memory came to you,

Had you already remembered the incidents of sexual abuse?

I had some memories before the murder.

Others came after.

Would you describe your thoughts about your father

during this period as "angry"?

Objection as to relevance.

Bias. Motive. State of mind is critical.

Sustained.

Pardon me a moment, counsel.

It is clear that she has cause to be angry,

But after all, she is accusing her father of murder.

She is the primary witness against...

- I will sustain the objection. - Thank you.

Mrs. Lipsker, did you initially testify

that this event happened on the way to school?

That's what I thought at first, yes.

And now you say your dad picked Susan up in the afternoon.

I came to realize it was afternoon.

It was your realization,

not hearing on TV or reading

that the disappearance occurred in the afternoon?

I have been instructed not to watch TV or read the papers.

Your honor, may we approach the bench?

My theory is that this witness

has changed and expanded her story

to conform to the facts she has read or seen on TV.

She's been instructed not to

and has testified to that under oath.

I would like to submit to the jury a list of case evidence

That's publicly available.

I'm not sure that's proper. I'd have to consider it.

I object, your honor.

There is also a lot of wrong information available.

Eileen has never picked anything that was incorrect.

That's a very good point, counselor.

Mr. Horngrad, you may follow your line of questioning,

but may not submit a list into evidence.

- Thank you, your honor. - Thank you, your honor.

You testified that you saw...

"Clutter"... was that your word?

Yes.

When was the first time

That you remembered that you saw clutter?

Because it was not in your original statement.

When I was talking to Elaine tipton.

She asked me what else I saw,

if I looked around.

I did look beyond Susan's head and hand

and saw clutter.

And you never read in the paper...

That Susan's body was found in a dump site?

No, I did not.

It's too bad there are no other witnesses but you

To corroborate this story.

But there was another witness.

Who?

My father.

You're not a child anymore. You could take care of yourself.

I know that now.

I need to get back to Barry and the kids.

I need to start over again and put all this behind me.

You will.

Listen, that little girl that hid herself in the closet,

she's not afraid of the dark, trust me.

I do.

I couldn't have gotten through this without you.

What is this?

Ha ha!

The white hat. Ha.

Well, thank you, ma'am.

Mah pleasure.

Ladies and gentlemen,

you only have to decide one thing:

whether or not George Franklin, sr.,

Did or did not kill Susie nason.

This is a heartbreaking story...

about three little girls,

their lives entwined by the criminal act

of George Franklin, sr.

Susie died...

Because she trusted the defendant.

Eileen survived by burying the memory

and her childhood.

Jessica brought them back together.

The road to this moment travels through memory

over 20 years,

and it follows a trail stark, sorrowful,

and as straightforward as a desert highway.

On Friday, November 30th, 1990,

after only eight hours of deliberation,

the jury found my father, George Franklin, sr.,

Guilty of first-degree murder.

He was sentenced to life imprisonment.

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