Defending Jacob

You know Ben's cell phone? Derek had it.

There's a chance that Derek gave that phone to the police.

You still believed your son was innocent of any crime?

Of course.

Do you think Jacob was trying to harm this other boy?

What if he was? Then, in a way, isn't this all my fault?

I wanna dig deeper into Leonard Patz. I wanna see his case file.

-This is why you can't be on social media. - I know.

- So you're staying off it? -Yes.

Hello?

Don't call this number again.

Maybe Mom is right. Maybe I've got the murder gene.

-That's not who you are. -How do you know?

- He's innocent. -Yeah, me too.

Must run in the family.

Do you remember the date you were given access to it?

Andy?

Andy?

Sorry. What was the question?

Need a break?

No, I was just...

No.

Just wanna get this over with.

We were just getting to the cell phone.

Do you remember the date you were given access to it?

Yeah. It was ten days before the trial.

Hey, Mr. B. I thought that was you.

Hey, Bobby. How you doing?

Not too bad. Can I get you something off the truck?

No, I'm okay. Just waiting for somebody.

All right. Well...

stay strong for your family, okay?

Hey, Andy. They're ready for us.

- I'll let him know. -You better.

Ignore him. He can moan all he wants. The judge already ruled on the phone.

Mr. Barber has every right to be here, Neal.

Well, technically I could argue that he doesn't

since he's a possible witness in the case, but I'm letting it slide.

What a mensch.

You're not going in there with us, if that's what you think was gonna happen.

Of course not. I already examined the cell phone.

We are well aware.

I was up here for something else unrelated. I do have other cases.

Goodbye, Neal.

And the next time you want to conceal evidence from us, don't.

Oh, I've been meaning to ask.

How's your father, Andy?

What did you say?

I asked about your father.

How's he doing?

You know, I knew criminal law was a passion of yours,

but I had no idea it was the family business.

-Whoa! -You think this is a joke? Do you?

-Jesus. - Come on, Andy!

- Back up. Back up! - Jesus.

-Fuck. -Don't lecture me about concealing things.

Just let it go.

Hey.

I will say this.

It explains a lot, Andy, about you, about your son.

Damn it.

- Detective, are you ready for us? - Yeah.

-You okay? - Sorry.

Right this way.

We knew he'd find out sooner or later. It's fine.

Andy, we're already ahead of it.

That's the passcode his parents provided.

-Take all the time you need. - Thank you, Detective.

- Sorry to keep you. -That's okay.

Hey.

-Same time next week? -Actually, today was our last session.

Oh. I didn't realize. So then--

So then you and Andy are scheduled to meet me with Joanna

at the end of next week, the 17th, I believe.

We can go over everything then.

- The 17th? -That okay?

Yeah, no, it's just...

that's Jacob's birthday.

Oh. Um...

Well, if you want, we can just--

No, it's-it's fine.

Uh, he has his tutor that day, actually, so...

We'll see you then.

-Ready? -Yeah.

He's probably a little talked out.

-I'll see you next week. -Right.

Take care, Jacob. Happy early birthday.

Bye.

You're quiet.

How was your session?

-It was fine. Annoying. -Annoying?

She just asks me the same questions every week, or different versions of them.

And when I call her out on it, she just tries to play dumb,

like she didn't realize she already asked me.

She's only trying to help us.

If you say so.

Who's that?

Jacob, I asked you who you were texting.

Nobody. Dylan.

Dylan Stone?

-He's at a sleepaway camp. -

This kid doesn't believe he knows me, so he's trying to prove it.

How's Sarah? I haven't heard her name in a while.

It's good for you to have someone your own age to talk to.

We're not talking, so...

-Is that your doing, or-- -Mom, don't. Please.

Thanks.

Anything?

About how many hours would you say

you and Ms. Klein spent with Ben Rifkin's cell phone?

- I don't know. Maybe five hours. -Five hours?

So you went through every e-mail, every text, every photo and video?

-Yeah. Everything. -Looking for what, exactly?

Answers.

The answers you were looking for, they weren't on that phone, were they?

-Thanks, Detective. -Yeah. You got it.

It's my office. Can you give me a minute?

Yeah.

Hi. We're just finishing up.

Hey.

Hey.

Listen, I just want you to know, I think it was fucked up, what Logiudice did.

Nah. He was being a lawyer.

If I was in his place, I'd probably try to bury the phone too.

No, I think you would have thought about it,

but you would have done the right thing.

That's not what I was referring to though.

You mean what he said about my father.

Everybody knows, huh?

Started going around yesterday. You know how people talk around here.

What have you heard?

That he's serving life at Northern for rape and murder one.

He went in when I was a kid.

I take it Laurie knows?

She does now. Jacob too.

I have a brother.

I told you about him.

Yeah.

So I know what that's like, carrying something like that around.

Listen, my hands are mostly tied on this case, but, you know...

if you need any more of my help, you know how to reach me.

-Thank you. -Don't underestimate him.

He sounds real sure he's gonna win. Too sure.

-Shall we go? -Let's go.

Thanks, Duff.

That was my assistant Ellen. She has a niece Jacob's age.

They live in Needham, but you know how all the kids know each other these days.

It seems Jacob has been going online again.

Jacob!

-Where's Jake? -Upstairs.

-How did it go with the phone? -It was a bust.

Jacob!

Are you Jay Kobbs?

-Answer me, damn it! -Andy.

-It's not that big of a deal. -Don't tell me what's not a big deal!

Show your mother. Show her what you've been up to.

Shit. Jacob!

It's just a dumb joke.

Do you have any idea what this looks like?

Joking about being a murder suspect?

It's not like anyone even knows who it is.

Everybody knows! How do you think I know?

Andy, calm down.

This is damaging. This is evidence,

and you're either too stupid or too arrogant to know the difference.

-I'm not stupid. -Then what's wrong with you?

Nothing. You're making too big of a deal out of this.

Do you have any idea what they're gonna do with this picture?

They're gonna wave it around in front of the jury,

and they're gonna say it shows consciousness of guilt.

That's the phrase they're gonna use.

They're gonna say this is how Jacob Barber sees himself, a psycho.

And they're gonna use that word over and over again.

Andy, enough.

Jesus Christ.

Do you know what's at stake? Do you realize what they want to do to you?

Stop it already. You're scaring him.

Good! He should be scared! I'm scared!

It was just a joke. I can delete it.

That doesn't mean it goes away.

Okay. I'm sorry.

You can't do things like this, Jake. You just can't.

I said I'm sorry.

I think he should delete it anyway.

You're goddamn right he's gonna delete it. He's gonna delete it right now.

This can't happen again.

I need to know you understand that.

I do. There. It's gone.

I'm sorry I yelled.

I shouldn't have lost my temper. I just...

I'm trying to look out for you, buddy. You gotta understand that.

Just leave me alone.

-Jake. -Please.

Okay.

Okay, so go.

There's nothing wrong with me.

I know exactly what they're gonna do to me.

I don't need you to tell me that.

An unexpected twist tonight in the Jacob Barber case.

We have confirmed that the Newton, Massachusetts teenager is the grandson