Episode 3 The Escape Artist

Thank you, my friend. Pleasure. Take care.

You shouldn't watch scary movies so close to bedtime.

Kate? Jamie!

Dad!

You're defending him. You know as well as I do,

for good or bad, everyone deserves a defence.

Mr Burton will not be in court.

As he's a witness, he cannot act for the Crown in any way.

So he just has to watch.

Foyle had a storage unit. Someone took it on after him.

If something's not turning up, look somewhere else.

And what did you make for dinner that night?

Spaghetti carbonara!

I should've fought him harder. What are you saying?

I scratched his head. With your hands?

And then I hid. You moved?!

"The forensic team just found DNA at the cottage." Foyle's?

"They want to meet."

In the trauma of finding your wife, you look up and see a man

whose absence from your life would be very useful indeed,

but it wasn't that man, was it, Mr Burton?

You just wanted it to be.

SUSPENSEFUL, JUDDERY MUSIC

BIRDS CHIRRUP

BIRDS CHIRRUP LOUDLY

MUSIC BUILDS TO CLIMAX

SOMBRE MUSIC

CLOCK TICKS

BACKGROUND CHATTER

Thanks. Morning! Good morning, Doctor Lambert.

Sorry I'm late. Remind me...

Low-count DNA. Kate Burton. Oh, yeah.

They'll try and trip you on the low count. Keep your answers simple.

Thanks for the tip. I've only done this three or 400 times.

Did this analysis prove conclusively

that the DNA discovered in the cottage

matches that of a particular individual?

It did. Whose DNA did the sample match?

We matched the sample to the DNA of Mr Liam Foyle.

HE SCOFFS

We are very stringent about our quality controls. We take our job extremely seriously.

That is very reassuring.

Were you responsible for analysing DNA samples in connection with Crown vs Foyle last year?

I believe so.

You believe so?

Yes, we were.

And in order to do that, samples of my client's DNA

would've been sent to and processed by your lab, is that correct?

Well, yes, there's a - Thank you.

So my client's DNA, at that time,

would've been effectively distributed throughout that lab like dust through an old house?

My Lord! I take it this is leading somewhere?

I'm just arriving now, My Lord.

Dr Lambert, I have a sworn statement from your laboratory

that confirms a deep clean was performed in all clean-room areas on the 12th of this month.

You brought the schedule forward. Why was that? Oh, come on!

Mr Mayfield...

Dr Lambert, if you please...

We conduct regular cleaning.

We recently decided to increase the number of cleans - Why was it brought forward?

Your cleaning schedule is normally enacted on a regulated basis, so something must've happened.

It was necessary. Are you or are you not in the process of an internal investigation

into the viability of contaminants within the laboratory?

Please answer yes or no.

But you can't answer... HE SIGHS

Yes.

Are you concerned about your failure rate?

Am I...? Everyone's concerned about their failure rate!

It's an industry-wide concern! Thank you.

My Lord, this is new information. It should've been disclosed, certainly.

What's clear beyond doubt is, this evidence is utterly compromised.

You have to stop her. It's a wee bit late for that.

She's twisting the facts around to make them wrong. Doing a good job of it, too.

If we don't have this DNA, then what do we have?

A problem. HE SIGHS

Spaghetti carbonara

and an Arctic roll for afters.

Miss Morris, that's a matter for defence counsel.

All I want to ask you about is the search of your storage unit,

not the defence alibi, such as it is.

Please stick to the matter at hand. My Lord!

Get on with it, Mr Mayfield.

Miss Morris, you maintain a contract with this storage facility?

I do, yes.

And when these premises were searched by the police a few days ago,

a pair of size-12 boots was recovered from your unit,

isn't that right? Yes, er, the other unit.

Are these your boots? They seem rather large for you!

What other unit?

My Lord, this is new information! Which was given to my learned friend yesterday.

Chain of continuity, My Lord...

Usher. TENSE MUSIC

The warrant was for Eileen Morris's possessions in the storage unit.

They had no authority to search F38. If... Only F37.

The search of F38 was unlawful.

If defence had a problem with the evidence, they should've argued it at the appropriate time.

The issue has only just come to light.

Foyle's previous use of F37 connects him to it. It falls within the chain of continuity.

F38 was entirely separate!

Judge, obviously I ask you to exclude this evidence under Section 78.

It was the unit next door! It...

And should you request, I will no doubt accede.

Then, I respectfully submit, My Lord,

there is no case to answer.

In the absence of any viable evidence - There is compelling evidence!

The eyewitness evidence of a broken man,

alone and devastated in the dark...

Having heard arguments from counsel

as to the strength of the evidence at this stage of the trial,

I have concluded the following...

There is insufficient evidence

for the case to continue for your consideration.

For that reason, on my direction,

you will return a verdict of not guilty.

On His Lordship's direction,

do you find the defendant not guilty?

FOREWOMAN: Not guilty.

And is that the verdict of you all? Yes.

SPECTATORS MURMUR All rise.

MR MAYFIELD SIGHS

Mr Foyle, you may leave the dock.

Congratulations. Oh, thanks.

Margaret...

Thank you, my friend.

Pleasure. Take care.

MUSIC BUILDS TO CLIMAX

Are you all right there, mate? Sorry, my foot slipped.

Are you all right? Yeah?

HE BREATHES HEAVILY

CHILDREN SHOUT

Jamie...

SOMBRE MUSIC

APPLAUSE

Ah, she blows! Pull! CORK POPS

A consummate performance. First class.

This is for you.

I believe you've earned it.

Pretty juicy, too!

Ooh! Thank you.

SOMBRE MUSIC CONTINUES

TENSE MUSIC

SIRENS WAIL IN DISTANCE

Vadim! Excuse me.

Mr Will.

You're looking well.

I'm sorry to hear about your wife.

Thank you. If there is anything I can do for you...

What time do you finish work?

EERIE MUSIC

MUSIC BUILDS

I clone it fast.

The name you wanted - Beinn Alligin.

ENGINE STARTS

Hi. Look, sorry, I just wanted to come and...

SHE SIGHS

I'm not sure why I came, actually.

Was that who I think it was?

I thought you'd be out celebrating.

No, just...

I'm sorry.

It's just... Your job.

Look, no hard feelings.

By which I mean - Watch yourself, Maggie.

SHE SIGHS

TENSE MUSIC

MUSIC BUILDS

Can I...

Can I come round tonight, please?

I'm freaking out!

JOHANN: "I think this is most inappropriate."

Oh, come on, think...!

How did he know? There's no way he could've known!

"If you're that concerned, I suggest you call the police." Oh, God!

Oh, God, I've just completely...

DRAMATIC MUSIC

BACKGROUND CHATTER PHONES RING

We have a window for appeal.

Ohh! Maybe not now, but... Come on!

No, optimism was never... Forget it. We lost.

It's over.

SOMBRE PIANO-LED MUSIC

WILL SNIFFS

BIRDS CAW WAVES LAP

Will!

Are you coming?

I never knew about this place. Yeah, Kate's cousin lets us use it every now and again.

Cracking bottle of wine inside, if you're interested?

It took some real sleuthing to find you. You know my methods, Watson.

Red or white? Er... You chose.

Huhh! How are you, Danny?!

All the better for seeing you, mate!

Pop those in the pot, would you? That's alive, alive-O.

Now you're talking.

Ah, here! You pasta, me sauce.

Don't you need a permit for those? Public right to fish in tidal waters - Malcomson v O'Dea, 1863,

before that, the Magna Carta.

To be fair, it's not mentioned at all in the Magna Carta, everyone just thinks it was.

So strictly speaking, right now, we just broke the law.

Well, to be precise, you did! Except now, you're an accessory.

What about me?

Probably just a caution. Thanks! You're very welcome!

Stop crying and pour some wine.

Not even a civil suit!

We're not going in that direction.

Even if we get him, no-one wins. HE SIGHS

It's not going to bring her back. So, we're just going to sit here, then?

Are you keeping busy?

I've been offered Chambers Manager at Citadel.

Manchester.

You do know what they do to QPR supporters there, don't you?!

HE SIGHS

I'm sorry you had to take that fall, Danny.

You had us all worried for a minute, disappearing like that.

Why's that?

You always seem so planned.

You haven't seen the school run.

I mean, it's not like you to do anything on the fly.

HE SIGHS Well, that's me all over, Danny.

I'm just full of surprises.

ANNOUCEMENT ON TANNOY

How long does it take to get to Edinburgh? Ten minutes, the way you drive.

Try not to take off, OK.

I'll be back as soon as I can. Look after Granny for me.

Dad... Yeah?

You're shaking.

Look, I mean, if you really were thinking of coming here,

we'd, obviously, be very interested in having you join the set.

No, I'm actively looking. My family needs a change of scene so...

Oh, well, for families, it's a lovely place!

You should rent a car and drive around a bit while you're here,

see the scenery. I might just do that.

SOMBRE MUSIC

CHEERFUL CHATTER

What would you like? Hi. Do you mind if I use your loo?

Thanks.

TOILET FLUSHES

CUBICLE DOOR OPENS

MAN WHISTLES

TENSE MUSIC THROUGHOUT

DOOR SLAMS

HORN BEEPS

TENSE MUSIC

MUSIC BUILDS

LIAM MUMBLES

DOOR CLOSES

What's the law on home invasion these days? I'm a little cloudy.

What's a proportionate response to someone surprised in their home by a stranger?

I need to ask you something.

DOOR OPENS I'm on Facebook.

I know.

Well,

you're here now,

so you can ask me whatever you like.

WILL TREMBLES

When did you decide to kill my wife?

Please, I need to know.

When you killed her,

did she die quickly?

Are you playing a character? Are you?

Are you all the way up there, looking all the way down here?

And do you think I'm a little bit stupid?

WILL TREMBLES

DRAMATIC MUSIC

You're going about this all wrong.

Well, you're the expert.

"When did you decide to kill my wife?"

You and your brain!

Have you ever seen a brain up close? It looks like a cauliflower.

The neural cortex looks like icing.

They say it's what separates us from the animals.

But we are animals. We're mammals. Like a lion.

You wouldn't blame a lion for being a lion, would you, Will?

Especially if you were the one who let him out.

How do you live with yourself?

I forgive myself. HE COUGHS

How do you live with yourself?

HE CLEARS THROAT

HE COUGHS

HE COUGHS SPLUTTERS

You're very clever!

HE COUGHS GROANS

ITEMS CLATTER SMASH

My pen...

Get the pen! HE COUGHS

HE TAKES RAPID, SHARP BREATHS

OUTSIDE LINE RINGS

Ambulance.

WOMAN: "It's an oval tube." Oval tube! Yes! Yes!

It's sort of grey with an orange end. "That's it."

I'm putting you on speaker.

Can you still hear me? "Yes. Are you holding the tube?" Yeah.

"Now put your fist around the tube."

OK. "Hold the orange tip near the thigh."

He has his trousers on! "The needle will go through.

"Hold the orange tip near his thigh,

"with your other hand, pull off the blue safety release." Done it.

"Now, swing and firmly push the tip against the thigh until it clicks.

"Hold it there for ten seconds. Did you get that?"

Swing, click, wait. OK. Here goes.

HISSING What was that?

"You probably heard the needle mechanism. It's spring-loaded."

OK. "The drug in the EpiPen should keep him steady till the ambulance gets to you.

"Are you still with me?" Yeah. I'm here. "You're doing great."

What now? "OK, you can take it out.

"Look at the barrel. Is there a red strip visible on the barrel?

"That will tell you that the drug went in." Er, hang on.

Hang on. LIAM GRUNTS

I can't see it!

"Just above the writing, there's a window."

Oh, yes! Yes, yes, yes, it's there!

"Is the patient responding?"

MUSIC BUILDS

"Sir? Sir? Hello?

"Anybody hear me?

"Hello?

"Anybody there?

"Hello, sir?

"Can you hear me?"

WILL COUGHS

GLASS SHATTERS

WILL GRUNTS

SIRENS WAIL

WILL COUGHS

Are you all right? Yeah, just a bit of smoke.

Just the two of you up there? Yeah.

Showing vasodilation. Capillary leak.

Is he going to be OK? Bad shoulder bleed here.

Let's concentrate on his breathing. Here we go.

You're going to be all right. We're the paramedics.

You'd better come with us. No, my car's -

No, mate, we can't leave you. You're going to come with us.

Bring that green bag, please.

One, two, three, lift!

OK, let's go. Let's go.

TENSE MUSIC

SIRENS WAIL

Lucky your friend was there. He used your EpiPen. We've got some more adrenalin ready.

Everything is OK. I know your breathing's not that easy,

but we'll be in the hospital in five minutes. Hang on there. Just open your eyes.

MONITOR BEEPS MONOTONOUSLY Chest compressions!

OK, we've got one milligram of adrenalin.

MACHINE BEEPS NORMALLY OK, well done. All right, mate...

Mind if I open a window? I think I'm going to be sick. He's arrested in the back!

HE TAKES SHALLOW, RAPID BREATHES

MEDICS SPEAK IN BACKGROUND

Arrested!

OVERLAPPING SPEECH

INDISTINCT INSTRUCTIONS

MACHINE BEEPS

MACHINE FLATLINES

William Burton?

Will you come with me, please?

Did you and Mr Foyle have any interactions?

Yes.

He attacked me and I stabbed him.

With this...

DOOR OPENS

Quite a shock, don't you think?

What is?

He's dead?

Keep reading.

SOMBRE MUSIC

SHOUTING IN BACKGROUND

Excuse me. Erm, does Vadim Kumarin still work here?

Do you know where he might be? Do you know...

OK.

Thank you.

SHE SIGHS Welcome to Scotland.

Oh, is that where I am?! I wondered why everyone was Scottish.

Some good news from the Fiscal.

They'd recommend acceptance if you offered a Section 76 plea of culpable homicide.

Probably a 30 percent discount on sentence.

That's nine years at most. Out in six.

And that's good news because...?

Because you're in serious trouble.

If you're thinking of going not guilty, that's a murder trial!

The Crown's going to be all out for your blood.

Look, I typed up a draft plea offer for you.

This is a choice.

You've got life, with a minimum of 20 years for murder,

or sign the offer, do six years and see your son finish school,

instead of missing the whole thing.

I'm not missing a single second!

Don't be like this. Come on.

You need to seriously consider this.

Do you think I did it? No!

No.

Of course I don't.

Make sure you recycle that.

I appreciate you coming down, Jen, but I think I'll do it myself.

You can't. I can. In fact, I can do all of it myself.

No, you can't! This is Scots law, idiot.

There's a thousand differences. Renton Brown, right?

That's a punchy read.

You've always been there for me, and I'm sorry, but this isn't going to work out.

What do you think you are doing? Eh?

I'm trying to help you here! I know.

Thank you,

but I'll take it from here.

TENSE MUSIC

DOOR OPENS

Court!

Ladies and gentlemen,

the charge on the indictment is that, on the 23rd of March,

at a house near Kielder Forest in Scotland,

William Burton did assault Liam Michael Foyle

and did stab on the body with a knife containing thereon a substance,

knowing that this would cause severe injury, anaphylaxis

and death to the recipient,

and he did murder him.

Call the diet of Her Majesty's advocate

against William Burton.

We have no opening speeches in Scottish courts, Mr Burton,

just in case you were planning on making one at this stage.

Oh. Really?

Mr Burton, you know you have been strongly advised against representing yourself.

It's been made very clear, My Lord.

Very well.

Er, can I move my papers to the table?

No.

I can't very well run my case from the dock, can I?

That, Mr Burton, is exactly what you are going to do.

What are you doing?

Is this a common allergy? Not really.

It's an allergy to a particular gastropod. Specifically, limpets.

He was deathly allergic to limpets?

More specifically, an active protein known as tropomyosin.

And where was this allergen?

How did Mr Foyle come into contact with it?

Localised swelling at the wound site

suggest it may have been present on the weapon used to injure him before he died.

Thank you, Doctor.

Mr Burton?

No, thank you, My Lord.

Mr Burton, you are aware, of course,

that once you give evidence on your own behalf,

you are opening yourself up to cross-examination by the Crown?

Very well aware, My Lord.

"What now?" "OK, you can take it out.

"Look at the barrel. Is there a red strip visible on the barrel?

"That will tell you that the drug went in."

"Er, hang on. Hang on.

"I can't see it!"

"Just above the writing, there's a window."

"Oh, yes! Yes, yes, yes, it's there!"

"Is the patient responding?"

GRUNTING ON TAPE

"Sir? Sir? Hello? Anybody hear me?"

INTERFERENCE ON TAPE

SILENCE ON TAPE

You appear to be very calm during this interaction.

Were you? I was trying to be.

What were you doing in Kielder Forest, Mr Burton?

I had a job interview in Carlisle.

The person I spoke to suggested I tour around a bit.

Do you normally conduct job interviews with a knife?

I got married with a knife.

Every Scotsman worth his kilt gets married with a knife.

You bumped into Mr Foyle by pure chance?

Yes. I saw him in a pub and I felt compelled to confront him.

You sought him out to force a confession.

Isn't that correct?

Yes.

Yes? Yes, that's right.

Double jeopardy law, pertaining to new evidence.

I believe Mr Burton has answered the question.

My Lord.

A confession -

something that you would've desired very much.

Yes.

And yet when he denied you this request,

you took his life.

No. You flew into a rage and attacked him with a knife, didn't you?

When was this, sorry? When you slashed him with the knife,

as you've said clearly in your statement!

Oh, yes, before I carried him out of a burning building.

Mr Burton! Just being clear on chronology.

Flying close to the sun.

A gastropod allergy,

a specific kind of shellfish -

not exactly easy information to find out.

No, I'd imagine not.

Have you ever had cause to access a client's medical records?

Yes, though only if pertinent to the case.

In the case of Sandra Mullins,

you were lead counsel for Mr Foyle's defence. I was.

Did you ever request any medical information regarding Mr Foyle?

No. You did not?

No, I did not access his files.

I believe his "no" was sufficient.

My Lord. You cannot prove this, of course.

He was your client.

You were intimately acquainted with his information.

No. Erm...

Confidential medical files are all digitised and kept securely at the solicitors,

or, presumably, equally securely at his doctors or hospital.

Which is a long-winded way of saying no, I did not access his files,

and, yes, I can prove it.

TENSE MUSIC

What Mr Burton is asking of you is very simple, ladies and gentlemen.

He wants you to believe his little story.

He wants you to believe that, through an ironic twist of fate,

this was the wrong knife,

in the wrong hand, at the wrong time.

I respectfully submit to you

that this is pure fabrication.

This was foreknowledge,

with malicious intent.

He will tell you otherwise, but I ask only this question -

he tells a good story,

but do we really believe him?

I'm a lawyer.

I have lived and believed in the law all my life.

But until the law happens to you,

believe me, you don't know which way you're going to go.

The man I faced in that cabin

is the man I know, beyond all doubt, murdered my wife.

I could've done a lot of things to him.

Instead,

I saw him suffer and I called an ambulance.

I removed him from danger.

I did what any decent human being should do.

But make no mistake, I did those things

out of nothing more than a sincere duty to our common decency.

I did so because that's what's expected when you're a person in the world.

I risked my life to save the man who took away my heart...

..my compass,

my anchor,

my best friend.

I faced him down with a knife in my hand, I could've let him burn!

In the circumstances, I believe I exerted an extraordinary amount of restraint.

Liam Foyle is dead.

I rejoice in his passing.

But you should not convict me of his murder.

SOMBRE MUSIC

Will! That's your one.

Will.

Oh, hi!

OK, interesting...

I wanted to talk to you. I'd hurry up if I were you, you know what juries can be like.

They can't deliberate forever.

How are you feeling?

How am I feeling? When you heard what happened.

Come on, you weren't just a wee bit relieved?

I need to talk to you.

Moral support? Legal advice.

I've been grappling with a case that's been bothering me, and wondered if you could help.

Be right back.

Shoot.

Something occurred to me the other day...

If you wanted to break into a safe, the first person you'd call is a locksmith, and, um,

if you wanted to commit murder and get away with it,

you might just want to talk to a criminal barrister.

That's an interesting idea.

I see enough cases turn on discovery to know that a perfect crime only stays perfect

if it's done in plain sight, wouldn't you say?

Could be.

Everyone would have all the facts and still have no idea how he really did it.

CLOCK CHIMES

Step one - he'd find the Achilles heel.

A deathly allergy, say. A rare one.

How did this person find out something like that?

What does a criminal barrister do all day long?

Chase invoices. Talk to criminals.

Wouldn't that give him an address book, full of potential contacts?

For example, on the case that I'm working on,

the man was seen talking to a known criminal.

How would the person be sure it was him? The criminal, I mean.

Presuming it was a he, of course...

He was well-known to the eyewitness. Yeah, but was it day or night? Was he on foot, in a vehicle?

Was the observer under any stress at all?

Step two -

what if he found a natural-occurring source for the allergen, somewhere innocent and every day?

If they argue self-defence, they might load up a weapon with that allergen

to administer the dose.

I'm with you so far.

But to put so much weight on one dose of allergen might not be enough, don't you think?

I wouldn't know the first thing about it.

Step three -

these people with allergies of such severity that they cause anaphylaxis,

they carry these little life-saving pens with them, don't they, called EpiPens?

Do you think it might be possible to repurpose a pen as a poison pen?

By replacing the carrier solution with a solution of allergen,

a person might sabotage the very thing that would save a person's life.

That sounds diabolical. It does, doesn't it?

You mentioned a legal question. And if that person called 999,

and they talked them through administering that pen to the victim,

it's almost collusion in the crime.

They'd be walking that person, step by step, through the murder.

Oh, you mean they'd have a public record of the conversation.

Yes. Ah, that might fly.

But I really don't think anyone would seriously attempt it.

Why not? I think murder's against the law!

I mean, last time I looked...

Will... You're drawing a line. A big red one.

There's a huge difference between knowing where that line is and stepping over it.

I know I couldn't.

Why not?

I'd be scared of getting caught.

You just said it was the perfect crime. Oh, it is!

It is.

Except for three things...

Three?

Really?

One -

disposing the weapon.

There'd be two EpiPens, the innocent one and the murder weapon.

The killer would have to discharge the innocent EpiPen at the locus

so it looked like he'd done what he talked to the emergency services about.

Then I imagine he'd have to chuck the poisoned EpiPen into the sharps disposal bags.

But there's a chance it could be found before being incinerated if the police do a search.

Ah! Very clever.

Two - obtaining the pen in the first place.

He'd have to know someone with a... with a prescription already.

Hm... Good point.

Oh, and then there's number three...

SHE SHUFFLES PAPERS

"Patient suffered IgE phylum Mollusca allergy,

"severe bronchospasm and anaphylaxis and..."

under 'Additional Observations', hidden away in the footnotes,

"..some local swelling at wound...

"..and injection site".

But, you know, they don't test for epinephrine after death,

so there's no way of knowing if the EpiPen had been used or not,

except for the puncture wound.

So my number three is this -

risk of a follow-up histology on local puncture site.

You have a very creative mind.

But would that person be able to sleep soundly,

knowing that at any moment, there might be another post-mortem

that identified allergen

at the EpiPen site?

Well, I guess that depends...

On what?

On whether the body's been cremated...

EERIE MUSIC

Can the foreman stand, please?

Have you reached a verdict? FOREWOMAN: We have.

In the case of Her Majesty's Advocate against William Burton,

how do you find the accused on the charge of murder?

Not proven. SPECTATORS MURMUR

Yes!

Silence, please!

ONE PERSON APPLAUDS Silence, please!

UPLIFTING MUSIC

REPORTERS: Mr Burton! Mr Burton! Any comments, Mr Burton?

Not proven, of course, the third verdict available in Scottish law.

Effectively an acquittal, but one which suggests a suspicion of guilt...

Do you think you would've got away with it in an English court of law? Mr Burton!

MAGGIE: Take care. What have you got to say, Mr Burton?

REPORTERS CONTINUE TO SHOUT

Maybe some comment?

Do you think you'll sleep at night, Mr Burton?

GENTLE PIANO-LED MUSIC

OK...

..hold it down.

BIRDS CAW WAVES LAP

Subtitles by Red Bee Media Ltd