“The Verdict in the Story”
Written by: Christopher Ambrose
Directed by: Jeannot Szwarc
Transcribed by: Tracie
Disclaimer: The characters, plotlines, quotes, etc. included here are owned by Hart Hanson, all rights reserved. This transcript is not authorized or endorsed by Hart Hanson or Fox.
(Open: Booth and Brennan arrive at a crime scene)
BOOTH: Bones, you are not going to believe this one.
BRENNAN: Well, you said that about the guy who was stuffed inside a huge truck tire. I believed that.
BOOTH: Yeah, that was a good one. This is a whole new level of weird.
(Camera pulls back to reveal a skeleton. It’s feet and hands are tied together behind it’s back and it’s resting on a pile of bricks.)
BRENNAN: Whoa. I don’t believe it.
BOOTH: Mhm. What did I tell ya?
BRENNAN: How could this happen?
BOOTH: Whoa, well, um…Maybe he was rolled up in a carpet.
BRENNAN: (laughs) Where’s the carpet?
BOOTH: Well, it rotted away. You know, with the meaty parts.
(Brennan starts laughing hysterically)
BOOTH: What? It’s possible.
BRENNAN: (still laughing) That - that would’ve, that would’ve taken thousands of years. Um, uh. The bones should be in a pile but. (cracks up again) something is holding them together and –
(Brennan laughs uncontrollably)
BOOTH: What is with you?
BRENNAN: (still laughing) Rolled in a carpet!? “Meaty parts!”
(Caroline enters wearing a hard hat.)
CAROLINE: Excuse me?
BRENNAN: (still laughing) Ah, uh…oh.
CAROLINE: What is so funny?
BRENNAN: Nothing. (she tries to stop the laughter)
CAROLINE: I should hope not because there’s a dead body deserving of respect right in front of you. What happened to him?
(Brennan cracks up again)
CAROLINE: I did not know she could laugh.
BOOTH: What are you doing at the crime scene?
CAROLINE: Dr. Brennan is suspended from all crime-related duties.
BRENNAN: What? For laughing at Booth?
BOOTH: That really doesn’t bother me.
CAROLINE: We have a date for your father’s murder trial. Booth is the arresting officer. You can’t work together until it’s over.
BRENNAN: This is not necessary.
BOOTH: They don’t need to separate us.
BRENNAN: I’m very compartmentalized.
BOOTH: Very compartmentalized.
CAROLINE: Take it up with the FBI, Cherie.
BOOTH: Well, that sucks.
BRENNAN: This one looked really interesting.
BOOTH: Yeah. Really, really interesting. Well, I’ll let you know what happens.
BRENNAN: You’re not going to solve it without me.
(Cut to: Royal Diner. Booth, Brennan and Sweets are sitting and eating)
BOOTH: I mean, there’s no use in doing partners’ therapy when we aren’t partners.
SWEETS: What? You split up?
BOOTH: We got split up.
BRENNAN: The FBI says we can’t work together.
BOOTH: Brennan’s dad murdered the deputy director of the FBI.
BRENNAN: His trial begins next week.
SWEETS: I should have been informed.
BRENNAN: Of the trial? Why?
BOOTH: Oh, because Sweets did the psychological profile of Max for the prosecution.
BRENNAN: What? Why didn’t you tell me before?
SWEETS: Why is that important to you?
BOOTH: Sweets! No therapy! Didn’t I just – listen. (to Brennan) Because while it wouldn’t matter to say – a normal person – I just figured you wouldn’t care.
BRENNAN: You’re absolutely right.
SWEETS: Dr. Brennan. Everyone you work with, including your therapist..
BOOTH: Former therapist.
SWEETS: Is endeavoring to imprison your father. That’s wicked stressful.
BRENNAN: Booth is right, it doesn’t bother me.
SWEETS: No, Booth is wrong. Yes, it does. May I suggest that this is a golden opportunity for you to feel a situation rather than simply rationalize it?
BRENNAN: I’m fine.
SWEETS: If you were fine, you’d be balled up in the corner, weeping, or semi-catatonic.
BRENNAN: (to Booth) Does that sound fine to you?
BOOTH: I’m sorry, Bones, but I’m gonna have to agree with Sweets on this one.
SWEETS: I think it’s important that you know that we know that the colder and more objective you appear on the outside, the more pain you’re feeling on the inside.
BRENNAN: I’m fine.
SWEETS: No. You’re not.
BOOTH: (getting up) Well, Sweets. I’m – I’m gonna miss you. It was a real pleasure working with you.
SWEETS: Really? You are?
BRENNAN: (gets up) I, too, find him intriguing in a non-rigorous, pragmatically irrelevant kind of way.
BOOTH: I agree with what she said.
BRENNAN: Thank you for trying to help Booth and me work together.
BOOTH: Thanks, Sweets.
SWEETS: You’re welcome…but honestly, guys…we –
BOOTH: Will you pick this up? The tab?
(Booth and Brennan head out of the diner)
SWEETS: (calling after them as they walk out) Yeah, sure. We can keep working together – (sighs) Lame. I thought I was doing a good job.
(Cut to: Federal Detention Facility – Visiting Room. Brennan, Russ, Max, and his lawyer David Barron meet with Clark Edison, who will be the forensic expert on the case.)
MAX: No offense, but I would feel better if the famous Dr. Temperance Brennan was my scientific mouthpiece.
RUSS: (to Clark) Have you done this before?
BRENNAN: This is not Clark’s first trial.
MAX: Oh, he’s a full-grown scientist?
CLARK: I shave sir. I have a driver’s license. I’ve won a couple fist fights. I’ve saved a life. I’ve lain with woman. I’ve been hustled at pool. I’ve defied my father’s wishes. I have broken hearts and I have been heartbroken. So, by all the markers of this society, I am a grown man.
MAX: Oh. You “lain with woman”?
RUSS: Is he gonna talk like that at dad’s trial?
BARRON: Listen, Max. I would have Clark list his qualifications for you right now, but that would spoil the surprise when they read them out in court.
BRENNAN: Clark is the last forensic anthropologist that I’d want to be up against in a court of law.
RUSS: What about that genius kid at your lab?
MAX: The oversized eyes and the toaster head? That guy?
CLARK: I’m sorry if my normal sized head and eyes diminish your confidence.
BRENNAN: Zack is working for the prosecution.
MAX: Okay. (he reaches for Clark’s hand) Welcome aboard, kid.
CLARK: Thank you. (Max tightens his grip) Are you seriously squeezing my hand that hard?
BRENNAN: Give Clark his hand back, Dad!
(Max lets go)
RUSS: We’ll wait outside, Tempe.
MAX: I still wish you were going to be my scientist.
BRENNAN: Here. (she takes out a long box and puts it on the table) You should wear this tie in the courtroom.
MAX: Oh! But it’s – it’s a grey tie.
BRENNAN: Apparently, the color grey tells the jury that you are a serious man with good judgment
MAX: Yeah, or that I’m drab
BRENNAN: I can’t stop this from happening.
MAX: What do you mean?
BRENNAN: Booth, Hodgins, Zack, Angela, Caroline – they’re all my friends but I can’t-
MAX: Hey, listen. I know you love me, alright? I can see it even if nobody else can so that’s something you don’t have to worry about.
(Brennan looks like she might cry and Max reaches for her hand and they have a moment. He then raises her hand and kisses it. She does love him.)
MAX: I’ll wear the tie.
(Cut to: Medico Legal Lab- Forensics Platform. Angela, Zack, Hodgins and Cam are watching from outside the platform as Brennan, David Barron and Clark re-examine the remains.)
ANGELA: I hate this. I hate it.
CAM: What? Strangers on our forensic platform?
HODGINS: Ange doesn’t like that we’re on different sides.
ANGELA: All of us together and Brennan alone.
ZACK: Not alone. She’s with those African American people.
(Cam, Hodgins & Angela turn and look at him)
CAM: This is not a competition.
HODGINS: I’m pretty sure the reason they call the justice system “adversarial” is that it is competitive.
CAM: No. It’s not a competition between us and Brennan. This is just an unfortunate situation.
ANGELA: Yeah. Yeah. It’s an unfortunate situation. If Brennan understands that we’re aren’t crazily competitive about it then we’ll all come through this with our friendships in tact.
ZACK: Besides, Dr. Brennan must realize that we’re going to destroy them.
(They turned to look at Zack again)
HODGINS: I’ll explain “crazily competitive” to Zack over and over again until he gets it.
CAM: Okay. Prosecution briefing in 20 and Caroline does not tolerate tardiness.
CLARK: Well, I’ve reviewed the physical evidence as compiled by Dr. Addy and provided by the prosecution
BRENNAN: What do you think?
CLARK: There are always judgment calls but it holds together. I may feel better about our position once I do my own intensive examination.
BARRON: Tell me the first thing that occurs to you when you look at the x-rays and skeletal remains of the victim.
CLARK: The killer was merciful.
BRENNAN: That is completely unscientific.
BARRON: The victim was stabbed several times, set on fire and gutted. Where’s the mercy?
CLARK: Death was instantaneous. A single blow to the mastoid process so zero pain. Guts, stabs, burns – all that occurred post-mortem.
BRENNAN: Zack will be the more precise expert witness.
BARRON: Clark will be the more understandable and persuasive.
CLARK: In prosecution, scientific objectivity is seen as a virtue.
BARRON: In defense, we humanize the accused.
BRENNAN: I accept your logic.
BARRON: I’m gonna put some effort into making Dr. Addy look bad. I’d appreciate it if the jury didn’t see you doubting me.
BRENNAN: Well, that will be difficult because my father actually is guilty.
BARRON: Dr. Brennan. I need that to be the last time you speak those thoughts aloud.
BARRON: Because what we think about the client’s guilt or innocence is irrelevant. It’s their job to prove your father is guilty beyond a shadow of a doubt. (to Clark) How much time do you need with the skeleton?
CLARK: As much as you can get me. (to Brennan) I’d also like to take a look at your case files if I might.
CLARK: Because you taught Dr. Addy. I’d like to get a feel for who I’m up against.
(Cut to: FBI – Conference Room. Caroline is briefing the team – minus Brennan – to prepare them for the trial.)
CAROLINE: I’m gonna say to you what I always say to you before a trial because this one is no different than any other trial.
ZACK: You’ve never said that before.
HODGINS: You’ve never told us that a trial is no different from any other trial.
ZACK: Which suggests that this one is different.
CAROLINE: Have you no control over these people?
CAM: None whatsoever.
BOOTH: Look, Caroline. It’s Bones. It’s different. Let’s just admit that.
CAROLINE: Here’s what’s not different. Lose the “Cocky” belt buckle. (pan to Booth’s belt buckle) No badges saying “Resist Authority” or “The Truth is Out There”. (pan to a pin on Hodgins’s jacket). Do not cut your own hair the day before a trial. (pan to Zack). (to Angela) Ugly up a little. The plain women on the jury hate you. (to Sweets) Use your fully grown-up words. (to Cam) Eat. Last time, your stomach was growling louder than your testimony.
CAM: Then don’t put me on first thing in the morning.
SWEETS: I assure you I will be totally, awesomely mature on the stand.
ANGELA: Ms. Julian, I’m not taking the stand.
CAM: You have to.
ANGELA: Look, I’m not gonna tell anybody else what to do here but I’m
(Angela gets up and walks out)
BOOTH: Right. Okay. Listen up, people. Bones, she believes in the system. She finds out that Angela is not going to testify, she’s not going to like it. Okay? She’d want all of us to do our jobs.
SWEETS: Dr. Brennan does seem to have an enviable, if somewhat disturbing, ability to compartmentalize. (to Caroline) Hey. How- how’s that for fully grown-up vocab?
CAM: Clean and detached, people. Just the way Dr. Brennan likes it.
ZACK: I have no problem.
HODGINS: I’ll ask Dr. Brennan directly. If she says okay, then I’m onboard.
CAROLINE: See you all in court.
BOOTH: Listen, Caroline. You know, when I’m actually testifying the jury’s not gonna see my belt buckle cause it’s below…
CAROLINE: This briefing is over, Cherie.
BOOTH: Yeah, ya see, when I stand the tie kind of covers…
(Cut to: United States Court House.)
JUDGE HADDOES: I am Judge Marcus Haddoes. This is my court. When you swear to God to tell the truth, you look at my face, because in this courtroom I may not actually be God, but I sure as hell am the next best thing. You people watching: At heart, I am a shy man so I would be perfectly happy to kick all of you out given the slightest excuse. Ms. Julian, opening statement.
CAROLINE: I’m the prosecutor in this trial and it’s my job to prove to you that Max Keenan murdered FBI Deputy Director Robert Kirby.
BARRON: My Client had motive to kill the victim. Motive, means and opportunity like many, many others.
CAROLINE: Deputy Director Kirby was a bad piece of work. Corrupt. A cold-blooded killer.
BARRON: He had many, many enemies who wanted him dead.
CAROLINE: They’re gonna say that Kirby intended to murder Max Keenan and his family – that’s them there - (she points to Russ and Brennan) - that beautiful, young, woman and that fine, young man – putting the concept of self-defense into your head.
BARRON: The prosecution will produce no eyewitness and no proof beyond circumstantial conjecture and trace evidence.
CAROLINE: Dr. Temperance Brennan here is one of the finest forensic anthropologists in the country. She’s renowned for her integrity, for her professional reputation. She’s also the defendant’s daughter.
BARRON: Dr. Brennan won’t testify on behalf of her father, because you, the jury, simply will not believe that a loving daughter can be objective. That’s all.
(Cut to: Booth & Brennan who are sitting across the aisle from each other.)
BRENNAN: (whispers across the aisle) Booth.
BOOTH: (whispers back) What?
BRENNAN: (whispers) I could so be objective.
BOOTH: (whispers back) I know, Bones. Okay. Just shhhh.
(Cut back to Barron and Caroline)
BARRON: ..what the prosecution called a ‘bad piece of work’.
CAROLINE: That charming man, slit Robert Kirby’s throat, gutted him and set him on fire. We’ll prove that to you.
BARRON: Ms. Julian and I may disagree on many facets of this case but I do agree with her that the accused is a very nice guy.
CAROLINE: Point of clarification. I said “charming” not “nice”.
JUDGE HADDOES: This is exactly the kind of nonsense that I want to avoid (to Booth & Brennan.) And you two, please. Keep to your own sides of the aisle.
DEPUTY COURT OFFICER: All rise.
JUDGE HADDOES: Get a cup of coffee, people. We hear first prosecution witness in 20 minutes.
(Cut to: Hallway outside the courtroom. Brennan is sitting on the bench alone while everyone else is down the hallway. Booth approaches, whistling, with coffee. He hands one to Brennan and sits.)
BOOTH: (loudly enough for everyone to hear) It might not be good coffee, but hey at least it’s lukewarm.
BRENNAN: We’re not supposed to talk.
BOOTH: (whispering) We can’t talk about the case (loudly) but we can talk about crappy coffee. (whispering to Brennan) Put the cup in front of your mouth when you talk.
BRENNAN: I didn’t see Angela today.
BOOTH: Angela refuses to testify.
BOOTH: Probably because she’s your best friend…
BRENNAN: Well, you’re my friend and you don’t mind.
BOOTH: I mind. We all mind. Except for Zack.
BRENNAN: Well, in that case, Zack is the only one thinking clearly. I had to give Hodgins permission. I don’t know what’s wrong with everyone.
BOOTH: It’s not what’s wrong, Bones. It’s what’s right.
(Hodgins, Zack and Cam wave to Booth & Brennan. Booth & Brennan wave back)
CAROLINE: (noticing the interaction) No. No. Ya’ll cut that out.
DEPUTY COURT OFFICER: Court will reconvene in 30 seconds.
BOOTH: Good luck, Bones. (he gets up and throws his coffee away) Oh, and remember I’m the one who gave you this delicious coffee.
BOOTH: Why? Because I’m the first prosecution witness against your father.
(Cut to: Courtroom. Booth is on the stand and it flashes back and forth between the others as well. During the testimony, there are flashbacks to the scene in question from the Season 2 episode “Judas on a Pole”.)
BOOTH: Dr. Brennan and I, entered her apartment and we found a large pool of blood.
CAROLINE: You were concerned with Russ Brennan’s life at this point.
BOOTH: That’s correct.
CAROLINE: You thought the blood was Russ Brennan’s.
BOOTH: That’s correct.
CAROLINE: And who’s blood did it prove to be?
(Cut to: Cam on the stand.)
CAM: DNA analysis proved the blood was Deputy Director Kirby’s. A sharp instrument was inserted here puncturing the sternocleidomastoid and cutting the carotid artery.
(Cut to: Zack on the stand, holding up a skull.)
ZACK: It entered the skull just behind the ear, nicked the mastoid, continued through the oropharynx and terminated at the opposite side of the mandible.
(Cut to: Cam on the stand.)
CAM: In order to create a blood puddle this large, the body would have to lay there for between three to five minutes.
CAROLINE: Three to five minutes?
(Cut to: Booth on the stand.)
BOOTH: That’s about the time it takes to roll the body up in a shower curtain.
CAROLINE: How do we know the copper pipe is the murder weapon?
(Cut to: Hodgins on the stand.)
HODGINS: These are very, very small traces of copper left here in the mylohyoid line of the mandible.
CAROLINE: And what is the copper pipe made of?
HODGINS: As with most copper pipes, it’s made of copper.
CAROLINE: Did you discover any evidence tying the defendant to the murder scene?
HODGINS: I found particles of the same soil at the murder scene and at the rooftop where the body was burned and at the Our Lady of Angels Seminary.
CAROLINE: What did that tell you?
HODGINS: That someone transferred those dirt particles from the seminary, to the murder scene to the roof top.
CAROLINE: Who could have done that?(Cut to: Booth on the stand.)
BOOTH: The defendant was at the seminary that day.
CAROLINE: Are you certain of that?
BOOTH: Yeah. I saw him there myself.
CAROLINE: What was he doing there?
(Booth pauses and looks to the Judge, then to Brennan. You can see in her eyes that she wants him to tell the truth)
BOOTH: He was impersonating a priest.
(Jurors start to mutter)
CAROLINE: And you’re 100% positive this is the murder weapon.\
(Cut to: Zack on the stand.)
ZACK: I’m not comfortable with 100%.
CAROLINE: You’re convinced, beyond a reasonable doubt, that this is the murder weapon.
ZACK: Yes. I am.
CAROLINE: And is there any evidence at all tying the defendant to this weapon?
(Cut to: Booth on the stand.)
BOOTH: In 1966, Max Keenan was sent to Cook County Jail for robbery. He was attacked.
CAROLINE: Did he defend himself?
CAROLINE: Did he defend himself with this? (she shows a weapon on the screen)
(Cut to: Max.)
MAX: (turning to Brennan & Russ, whispering) I never killed anyone. I just poked them to keep them away.
(Cut to: Booth on the stand.)
CAROLINE: What was the result of the attack?
BOOTH: Well, no one bothered Max again.
CAROLINE: Anything else?
BOOTH: He had eight months added to his sentence.
CAROLINE: Anything else, Agent Booth?
BOOTH: The sharpened pipe kinda became a trademark for him.
CAROLINE: Where was this weapon found?
(She brings up a picture of the body found on top of the rooftop on the screen)
BOOTH: (he points to the picture) Right here. In this pile of ashes.
CAROLINE: What exactly is that pile of ashes?
(Cut to: Cam on the stand.)
CAM: It turned out to be the victim’s intestines. The abdomen had been slashed open.
CAROLINE: And with the body so badly burned, intestines reduced to ashes, how did you identify the remains as those of Deputy Director Kirby?
(Cut to: Angela on the stand.)
ANGELA: I’ve got nothing to say.
CAROLINE: You’ve under oath as a material witness, Ms. Montenegro.
ANGELA: I swore to tell the truth and the truth is that I am not saying anything.
CAROLINE: Judge Haddoes, could you…
JUDGE HADDOES: The witness will answer..
ANGELA: No. The witness will not.
BRENNAN: Angela! Answer!
JUDGE HADDOES: Silence please. The witness will answer or I will find her in contempt.
ANGELA: (to the Judge) Is there any way I could talk you out of that?
JUDGE HADDOES: Why would you call a witness you knew wouldn’t answer?
CAROLINE: I figured that once she got up here and saw your scary face, she’d rethink her options.
ANGELA: I’m taking the Fifth.
CAROLINE: Cherie, the fifth refers to the Fifth Amendment with protects you from being forced to incriminate yourself.
ANGELA: Okay. Alright. Well, the- the First Amendment protects freedom of association, right? Which means that it protects friendship. So, I’m taking the First, which is even better than taking the Fifth.
JUDGE HADDOES: There is no friendship in a homicide trial. This is the Federal District Court of Columbia, United States of America. When this asks you a question, you answer, or you pay the ferryman.
ANGELA: It ain’t gonna happen.
HODGINS: Angie, they aren’t kidding around.
BOOTH: (whispering) Bones, now’s the time to speak up.
BRENNAN: (whispering) What?
BOOTH: He’s the ferryman. The judge is the ferryman.
BRENNAN: Ange! Just so you know, he’s the ferryman!
JUDGE HADDOES: I will clear this courtroom if I hear another word.
BRENNAN: (to Booth) Thanks a lot.
JUDGE HADDOES: (bangs gavel) I find this witness in contempt. She will be incarcerated until she answers the question posed to her by the People.
(The Deputy Court Officer places Angela in handcuffs and starts to lead her out)
BRENNAN: Angela, please!
BOOTH: (whispering to Brennan) Hey, will you sit down!
ANGELA: Sweetie. This is one of those times when I know what’s right and everybody else is confused.
(Angela is taken out of the courtroom)
(Cut to: Federal Detention Facility – Visiting Room)
MAX: I mean, shouldn’t you be objecting a little more, asking for sidebars and more like that?
RUSS: The jury looks at Dad kinda mean.
BARRON: They’re having a horrific crime described to them. They have to blame someone.
MAX: Yeah. Me.
BRENNAN: No. All they’ve done so far is establish that a murder occurred.
RUSS: Everybody knew that before.
BARRON: They have to establish that you are responsible.
MAX: Well, it sounds like they have.
BARRON: We have to discuss putting you on the stand.
MAX: Absolutely. Put me on. Didn’t that lady say I ooze charm?
BARRON: First question you’ll be asked is, “Did you murder Deputy Director Kirby?”
MAX: (pauses, then answers) No, I did not.
(Barron looks over at Russ & Brennan and sees their skeptical expressions.)
BARRON: I can’t put you on.
MAX: Well, what? I’m not emotional enough? I would never kill another man.
BARRON: No! Because it would be obvious to the judge, the jury and blind Martians, that your loving family doesn’t believe you.
RUSS: We’ll wait outside when Dad’s on the stand.
MAX: Thanks a lot. So I’m on the hot seat and you guys are out getting ice cream?
BARRON: Kids don’t believe their dad, no way the jury does. Next issue to consider, is Russ.
RUSS: Let ‘em put me on the stand.
BARRON: They think you witnessed a murder.
RUSS: I didn’t. I wasn’t there. (Brennan and Barron look at him, skeptically.) I wasn’t there!
BARRON: As an officer of the court, I cannot put you on the stand if I think you’re gonna perjure yourself.
BRENNAN: You think Russ is lying?
BARRON: I don’t know, which worries me.
BRENNAN: No, he’s not. I’ve known Russ since he was a child and I can tell when he’s lying; he’s not lying.
RUSS: You can put me on the stand. I didn’t witness anything they can use against my father.
BARRON: Listen, take a few family minutes. I’ll see you in court.
MAX: A country full of unscrupulous lawyers and you find the one guy with scruples?
RUSS: Dad, Tempe’s pretty sure you killed that man and I don’t think she can see how you can wear that so lightly.
MAX: Tempe. I’m ashamed of a lot of things I did in my life. But in this case, my conscious is clear.
BRENNAN: That’s not the same as being innocent.
(The guard knocks on the door. It’s time for Max to head back to his cell.)
(Cut to: Holding Cell. Brennan is talking with Angela.)
BRENNAN: Angela, please. Just go on the stand and say that you identified the victim.
BRENNAN: But I – I want you to do that.
ANGELA: Do you really think that your father is gonna beat this rap?
BRENNAN: That has nothing to do with it.
ANGELA: Yeah, Brennan, it does. I’m not gonna help send your father to his death.
BRENNAN: To his death?
ANGELA: Look, your old man killed a really Big Kahuna at the FBI. You think that those guys aren’t gunning for execution?
BRENNAN: That’s – that’s not up to me. That’s not up to you. That’s up to a jury.
ANGELA: That’s not the point.
BRENNAN: What is the point?
ANGELA: Friends don’t send friends’ fathers to the electric chair.
BRENNAN: Maryland uses lethal injection.
ANGELA: Well, the principle holds, sweetie.
BRENNAN: You think we’re going to lose?
ANGELA: Yeah. I think you’re gonna lose. And I am not gonna help you.
BRENNAN: What did I do to deserve a friend like you?
(Cut to: Courtroom. Sweets is on the stand starting his testimony.)
SWEETS: I obtained my undergraduate psych degree from the University of Toronto, Masters Degree in Abnormal Psychology from Temple University and my Doctorates in Clinical Psychology and Behavioral Analysis at Columbia University.
BOOTH: (whispering to Brennan) Doctorates? As in more than one?
SWEETS: I won simultaneous Fulbright and Rhodes scholarships to write my book,
“The Art of Evolutional Profiling”-
BRENANN: (whispering to Booth) More than one scholarship too.SWEETS: Which is what brought me to my current posting at the FBI.
BOOTH: (whispering to Brennan) No wonder Dr. Geeks can never hang on to a girlfriend.
SWEETS: There I do partners therapy and psychological profiling.
BRENNAN: (whispering to Booth) It’s Dr. Sweets.
BOOTH: (whispering to Brennan) I know, Bones. I was just saying..Dr. Geeks as in geeks.
SWEETS: Do you require a list of my scholarly publications?
BARRON: The defense stipulates that Dr. Sweets is a qualified expert witness, despite the fact that he looks like a high school volleyball player.
BOOTH: (whispering to Brennan) Meet Dr. Geeks.
JUDGE HADDOES: Excuse me, Agent Booth? I would like you to switch seats with Dr. Saroyan. You, Dr. Brennan, please switch seats with your brother.
JUDGE HADDOES: You don’t whisper as quietly as you think you do.
BOOTH: (whispering to Brennan) Yeah, you know, you do whisper a little loud.
BRENNAN: You started it.
BOOTH: Just a little bit. Little loud.
(Booth & Brennan switch their seats)
JUDGE HADDOES: Thank you. Please continue, Ms. Julian.
CAROLINE: Dr. Sweets, did you compile a psychological profile of the defendant?
SWEETS: Yes, over a series of meeting spanning over six months.
CAROLINE: Is he capable of murder?
SWEETS: Like, totally. (Caroline gives him a look) Most definitely. Um, in his own way, Max Keenan is a very impressive man.CAROLINE: What do you mean, “In his own way”?
SWEETS: Well, Max Keenan doesn’t adhere to an external ethical system.
CAROLINE: He does what he wants.
SWEETS: No. He does what he thinks is right, whether or not the rest of the world agrees. In another time, he could have been a great leader.
CAROLINE: You mean in a time when people conked each other on the head and lit them on fire as a way of getting what they want.
CAROLINE: Is Max Keenan dangerous?
SWEETS: When he feels his loved ones are threatened? Mega dangerous.
CAROLINE: In your opinion, if Max Keenan felt that he was threatened or his family was threatened, could he do this?
SWEETS: Totally. (he pauses to look at the picture of the victim on the screen) I mean, indubitably.
CAROLINE: Without hesitation?
SWEETS: Without hesitation, without remorse, without guilt.
CAROLINE (addressing the jury): Without hesitation, without remorse, without guilt.
(Cut to: Russ on the stand..)
CAROLINE: Did you feel threatened by Deputy Director Kirby, Mr. Brennan?
CAROLINE: A sniper trained, corrupt FBI Agent hunting you and you weren’t scared?
RUSS: I knew someone was after me, but not who.
CAROLINE: How did you know someone was after you?
(Flashback to Judas on a Pole where Russ was shot at at the Diner when he was meeting Booth)
RUSS: I was shot at. I was wounded.
CAROLINE: So it’s fair to say you feared for you life.
CAROLINE: Where were you staying at this time?
RUSS: In my sister’s apartment.
CAROLINE: Which is where Deputy Director Kirby was murdered.
RUSS: Where his blood was found, yeah.
CAROLINE: But you weren’t there when it happened.
CAROLINE: You knew someone was gunning for you, but you left the safety of your sister’s apartment?
RUSS: Well, it wasn’t all that safe if someone got murdered there, right?
CAROLINE: No, it wasn’t, Mr. Brennan. Where were you that day?
RUSS: Job interview.
CAROLINE: You were being stalked, but it seemed like a good time to wander around looking for a job.
RUSS: No, not wander. I went to a specific job interview.
(Barron leans back and groans.)
BRENNAN: (to Barron) What’s wrong?
BARRON: I recognize when Caroline’s catching a scent.
CAROLINE: What job?
BARRON: Objection, Your Honor. Relevance?
CAROLINE: If the people could have a little latitude, the relevance will become apparent.
JUDGE HADDOES: I’m gonna allow it. Answer the question, please.
RUSS: A mechanic’s job.
CAROLINE: And just how did you find out about this job opening?
CAROLINE: A sign in the window, an employment agency, the internet, a newspaper? Where’d you find this job.
BARRON: Objection, Your Honor!
JUDGE HADDOES: Overruled.
RUSS: My dad got me the…the interview.
CAROLINE: Almost as though he wanted you out of the apartment. As if he knew that something was gonna happen and he wanted you out of the way.
BARRON: Your Honor!
JUDGE HADDOES: Out of bounds, Ms. Julian. Jury will disregard.
CAROLINE: I’m done with this witness, Your Honor.
JUDGE HADDOES: Cross, Mr. Barron?
BARRON: Did your father say or do anything that suggested he was trying to get you out of the way?
BARRON: Thank you, Your Honor.
JUDGE HADDOES: Ms. Julian?
CAROLINE: The People rest, Your Honor.
JUDGE HADDOES: Will the defense be ready this afternoon, Mr. Barron?
BARRON: The defense requests a summary judgment because the prosecution has absolutely failed to prove their case against my client
JUDGE HADDOES: Denied, Mr. Barron.
BARRON: Then we’ll be ready this afternoon.
(Cut to: Medico Legal Lab. Clark is re-examining the evidence to see if anything was missed that he can use.)
ZACK: What are you doing?
CLARK: Dr. Addy, the prosecution is required to share all information with the defense, not the other way around.ZACK: That better not stain.
CLARK: It’s not permanent. What are you doing here?
ZACK: I heard you were still looking at the victim’s skeleton and wondered if you found anything I missed.
CLARK: You’re not allowed to ask me that.
ZACK: You asked me, I answered.
CLARK: You’re not screwing with me, are you? You’re just like this.
ZACK: Yes. This is exactly how I am.
CLARK: Your work is very, very good, Dr. Addy. Extremely thorough.
ZACK: Thank you. I am aware of that. Good luck this afternoon.
CLARK: I don’t need luck, sport.
(Cut to: Outside the Courthouse. Booth is sitting on a bench. Brennan approaches with coffee and sits.)
(She hands him the coffee and Sweets enters.)
SWEETS: I’m writing a book. Taking a clinical approach to efficacy and focused outcomes. You shouldn’t work well together, but you do. I’d like to study it further.
BOOTH: I don’t get it.
BRENNAN: He wants to study us.
SWEETS: Once a week, nothing changes.
BOOTH: Now why would we want to do that?
BRENNAN: I can’t think of a good reason.
SWEETS: Okay, see. That thing you do when you talk to each other while excluding the third party, namely me, its an adaptive mechanism for, uh, disparate entities to bond together against their own individual impetuses to dissociate. (they stare blankly at him) It’s, um, it’s what-
BOOTH: What does that mean for us?
BRENNAN: Nothing useful.
BOOTH: Tell you what. Why don’t we make a deal with him where we allow him to study us. In return, he gives us psychological profiling on demand.
BRENNAN: No, you like that sort of thing but I don’t see the point.
BOOTH: I just think he doesn’t want to admit that he likes us.BRENNAN: Do you like us?
BOOTH: And he wants to spend time with us. Time with us.
BRENNAN: Is that true, Sweets? You like us?
BOOTH & BRENNAN (in unison, sing songy) He really likes us.
SWEETS: Alight, you know what. I’m sorry I made the offer. I take it back. Forget it.
BRENNAN: Sweets is pretty good in the interrogation room.
BOOTH: Yeah. Profiling on demand, interrogating back up..
BRENNAN: Well, and to be honest, I was impressed with his credentials.
BOOTH: I’ll tell him okay.
CLARK: Dr. Brennan? (he hold up a CD) I found something.
(Cut to: Courtroom. Brennan, Clark and Barron are in a meeting.)
CLARK: (whispering) So once we get to…we got him. I think we should go with that.
CAROLINE: (to Booth, Cam & Zack) I do not like the look of that.
BOOTH: They look happy.
DEPUTY COURT OFFICER: All rise.
JUDGE HADDOES: This court is reconvened.
CAROLINE: They look smug. I don’t like it.
BOOTH: (to Zack) Any way Clark found something you missed there, pal?
ZACK: I don’t miss things.
BARRON: The defense calls, Dr. Zack Addy to the stand. Your Honor, I beg the indulgence of the court to allow our expert witness, Dr. Clark Edison, to appear pro hac vice.
CAROLINE: Objection, Your Honor.
JUDGE HADDOES: What grounds, Ms. Julian?
CAM: (whispering to Booth) What’s going on?
BOOTH: (whispering to Cam) They want Clark to question Zack, not the lawyer.
JUDGE HADDOES: Objection denied. Dr. Edison.
CLARK: Good afternoon. Dr. Addy, you identified this (he holds up an evidence bag with a pipe in it) as the murder weapon.
ZACK: That’s correct.
CLARK: Could you refresh the jury’s memory, please?
ZACK: Yes. Striations found on the bone indicated a sharp-tipped weapon without a cutting edge.
CLARK: Also, the diameter of the pipe fits.
ZACK: That’s correct, yes. And copper particulates.
(Clark brings up the skull, with the wound, on the screen)
CLARK: Can you identify this, Dr. Addy?
ZACK: It is the entry wound in the mastoid made by the murder weapon.
CLARK: And this? (He brings up the same image…only stained red)
ZACK: This is the same wound stained red. Is this what you were doing this morning?
CLARK: And this. (He brings up the same image again. Only a closer view.)
ZACK: It appears to be the same wound blown up to approximately 120 magnification.
CLARK: Can you discern any microfractures in that photo?
ZACK: Yes. (he had a realization) Oh….
CLARK: You sound surprised, Dr. Addy.
ZACK: What did you stain this with?
CLARK: Red food dye. Can you answer the question please?
ZACK: Oh. These microfractures indicate that the weapon went in so deep that the hilt hit the bone, causing microfractures
CLARK: The hilt. (He holds up the bag with the pipe in it) Could you please indicate the hilt on this weapon?
ZACK: I cannot.
CLARK: And why is that?
ZACK: There is no hilt.
CLARK: So this is not the murder weapon.
ZACK: Obviously not.
(The jury and everyone in the courtroom starts to murmur.)
CLARK: You made a mistake.
ZACK: Yes, I was mistaken.
BARRON: Your Honor? The defense requests a dismissal of all charges. The prosecution’s entire case was built upon the identification of the murder weapon.
CAROLINE: Your Honor, the people will need some time to properly review Dr. Edison’s new evidence.
JUDGE HADDOES: How much time?
CAROLINE: Exactly as much time as it will take Agent Booth to find the actual murder weapon.
JUDGE HADDOES: I’ll meet with counsel in chambers. But if you don’t come up with a terrific argument, Ms. Julian, Mr. Keenan is going home to his family tonight.
DEPUTY COURT OFFICER: All rise.
(Cut to: Brennan’s apartment. There is a knock at the door. Brennan looks through the peep hole and then answers it.)
BOOTH: Bones, I have a warrant here to search these premises for any weapon or implement congruent with the murder weapon.
BRENNAN: I could save you some time.
BOOTH: No. Zack, is ,uh, gonna be the bone expert on this one. He’ll be doing all the looking.
ZACK: Where did Clark Edison learn that trick with the food dye? I don’t know that trick.
BOOTH: Zack. Focus. Okay?
(Zack goes off to search while Booth goes over to Brennan)
BOOTH: How ya doing there, Bones?
BRENNAN: When it looked like my father might go free I got.. (she pauses to take it all in) This is very confusing for me.
BOOTH: You liked the idea of him beating the murder charge.
BRENNAN: Yes. But he did it. We both know my father did it.
BOOTH: Bones, wanting your father to come home instead of going to prison, that's- that's okay.
BRENNAN: But what I do – what we do is put murders like him away.
BOOTH: Okay. You're not Dr. Brennan today. You're Temperance.
BRENNAN: I don't know what that means.
BOOTH: The scientist part of you got sidelined, temporarily.
BRENNAN: I still don't know what that means.
BOOTH: Bones, just, take the brain, okay, put it in neutral. Alright? Take the heart – pop it into overdrive.
(Booth inmates a car engine revving and pretends to drive. Brennan laughs.)
BRENNAN: Sometimes I think you're from another planet.
(Booth stops 'driving' and sits back up, across from her.)
BRENNAN: And sometimes I think you're really very nice.
ZACK: I found it.
(The get up and head over to where Zack is standing near a knife type weapon.)
BOOTH: What is that?
BRENNAN: It's a misericorde.
ZACK: A sharp, unedged, medieval copper dagger used for delivering a final, fatal blow.
BRENNAN: Also known as the “coup de grace.”
BOOTH: I'm sorry, Bones.
(Cut to: Courtroom. Russ grabs Brennan's hand. A montage starts showing the squints presenting the new evidence to the jury. Brennan, Clark and Max look like that know that this may be it and you can tell that the squints really don't want to do what they're doing. This could be the evidence that gives the prosecution what they need.)
JUDGE HADDOES: As usual, I will ask the jury to refrain from speaking to each other about the case between now and when we reconvene tomorrow morning. At which time you will be prepared to remount your defense.
DEPUTY COURT OFFICER: All rise.
(Cut to: Federal Detention Facility – Visiting Room. Brennan, Russ, Max, Clark and Barron are sitting and eating Chinese food.)
MAX: Hey, kid, you did good. You had 'em on the run there for a while.
CLARK: Yeah, well their case is much stronger now, so...
BRENNAN: My team, they're really good.
RUSS: Maybe you could brag over them another time, Tempe?
CLARK: You know, maybe I can discredit the weapon.
BARRON: We're past forensics. Now it's about the story.
CLARK: Excuse me?
BARRON: Juror's like to think they know what happened. We did a good job in showing that maybe Max didn't commit this murder, but we didn't give the jury a satisfying alternative. One they can go home to their families and say 'Here's what really happened.'
RUSS: They need a bogeyman. And it's Dad.
MAX: Well, at least you guys will always know where to find me.
RUSS: What do you mean? On death row? You should have – you know, you should have run, Dad. You should have just taken off.
BRENNAN: Dad stayed for me. He knew that if he ran, we'd never see each other again. (to Max) You stayed for me.
MAX: I would have stayed here forever. It was worth every second we had together.
BRENNAN: If I knew the bogeyman, how much time warning would you need to make it work?
BARRON: A good story? About 5 minutes.
BRENNAN: (gets up) I have to talk to somebody.
(She rushes out of the room)
(Cut to: Royal Diner. Booth and Brennan are having breakfast.)
BRENNAN: If the truth can't be proven, is it still the truth?
BOOTH: You invited me to breakfast to talk philosophy?
BRENNAN: A theory isn't even really a theory until it's challenged. It's just simply a hypothesis. I don't believe that a man should die based upon a hypothesis, do you?
BOOTH: If you have a question, just ask it.
BRENNAN: I have a way to lodge reasonable doubt in the jury.
BOOTH: We can't talk about this.
BRENNAN: Please? You're the person I talk to about things like this.
BOOTH: No perjury involved. Just an interpretation of existing facts.
BRENNAN: An alternate story.
BOOTH: You don't know that he did it, you know, your old man.
BRENNAN: Well, we both know he did it.
BOOTH: No, not the way that you define “know”. You know, with proof and all that.
BRENNAN: It's going to be enough for the jury.
BOOTH: Jury's are a human factor in a trial, alright? You never know what they'll do.
BRENNAN: You think it's alright for me to take advantage of that?
BOOTH: Brain and heart, Bones. Brain and heart.
(Cut to: Courtroom. Hodgins is on the stand)
BARRON: You found particulates placing the accused at the scene of the murder, the seminary, and the rooftop where the victim was immolated?
BARRON: Was anyone else present at all three locations?
(Cut to: Booth on the stand)
BOOTH: Me. But I didn't kill the deputy director of the FBI.
BARRON: You had motive. He fired you that day and threatened Ms. Julian. By the way, was she at all three locations?
CAROLINE: Objection! It's just rude to accuse me of murder.
BARRON: I count three people in this courtroom, besides my client, who had motive to kill Kirby.
JUDGE HADDOES: I'll allow it.
BOOTH: Ms. Julian was never at the crime scene, so you're stuck with me.
BARRON: And Dr. Brennan.
BOOTH: I see where you're going with this.
BARRON: Was Dr. Temperance Brennan at the seminary?
(Cut to: Brennan on the stand)
BARRON: And your apartment the same day?
BARRON: (holds up the knife) Do you recognize this?
BRENNAN: Yes. It's mine.
BARRON: So you are every bit as plausible a suspect as your father.
(Cut to: Sweets on the stand)
SWEETS: Dr. Brennan is hyper-rational. She's capable of rationalizing almost anything.
BARRON: Including murder.
SWEETS: It is the danger of the totally rational human being.
BARRON: But did she have a motive?
(Cut to: Booth on the stand)
BOOTH: Yes, she had motive. Kirby tried to kill her brother.
BARRON: Thank you.
BOOTH: Bones was with me all day.
BARRON: She didn't have time to commit this murder?
BOOTH: No, she did not.
BARRON: How did your son, Parker, get home from school that day?
BOOTH: Forty five minutes we were apart, but we talked on the phone.
BARRON: Plenty of time, wasn't it Agent Booth?
(There are flashes of Kirby's murder reenacted, but this time, it's Brennan instead of Max who is doing the killing)
BARRON: Dr. Brennan could have burned the body hours later when you were safe at home.
JUDGE HADDOES: The witness will answer the question.
BOOTH: (to Brennan) That's a lot of heart, Bones.
BARRON: Your Honor-
JUDGE HADDOES: Answer the question please, Agent Booth.
BOOTH: Could Bones have killed Kirby? Temperance Brennan – I've worked with this woman. I've stood over death with her, I've faced down death with her. And Sweets, he's brilliant, he is, but he's wrong. She could not have done this.
BARRON: I didn't ask you your opinion of Dr. Brennan's character. I asked you, did she have time?
(Booth looks to Brennan and knows that once again, she needs him to tell the truth. This could be what saves her dad.)
BOOTH: Yes. She had time.
(Cut to: Outside the courtroom. Brennan is standing on the steps by herself)
(Cut to: Courtroom. The jury is back and ready to read the verdict.)
JUDGE HADDOES: Has the jury reached a verdict?
(Booth gets up and leaves before the verdict is read.)
JURY FOREPERSON: Yes, your honor.
(Cut to: Outside the courtroom. Brennan is still standing on the steps. She turns to see Booth coming out of the courthouse. He walks over to Brennan and embraces her. Angela comes come down the stairs behind them when they're hugging and touches Brennan's back. Brennan turns and touches her elbow – happy to see that she's been released from jail. They turn and see Caroline and Sweets heading out. Shortly thereafter, her father and brother come walking out. Max is free. He's elated and Brennan smiles. He walks over to her and hugs her and holds on. They're finally going to be able to be a family again. Cam, Hodgins and Zack come out a few seconds later.
SWEETS: So are you gonna charge her?
CAROLINE: You gotta go back to school on this one. That's a fine woman there.
(Booth stand off to the side, watching Brennan and her father hugging. Brennan looks up at him over her father's shoulder and they share a moment. Scene fades out with Brennan still hugging her father and everyone standing on the stairs around them.)