Conviction – A Different Kind of Death

By: Marie Thong

This week’s episode A Different Kind of Death focused on the case of Earl Slavitt (Richard Thomas), a man accused of killing the AUSA (Assistant United States Attorney) ten years prior. The episode opens with the victim, Tom Simon, working at home in his office when some rustling outside his window catches his attention. He gets up to go inspect the noise when he is shot in the head – he falls to the ground but is still alive. The scene is overlapped with Wallace (Eddie Cahill) putting up photos of the crime scene up on the crime board at CIU headquarters.

Still furious at Wallace for his actions in the previous episode, Hayes (Hayley Atwell) is less than pleased to find him in the office setting up for their new case. After refusing to take on the case at first, she gives in due to the circumstances – Earl Slavitt is set to be executed in five days. Wallace announces he is going to be working the case with the team which is met with disdain on Hayes’ part. This case is personal for Wallace as Tom was a close friend of his. While unsure of Earl’s guilt himself, Wallace wants to extend all resources to prove he really is guilty. Tom was firmly against the death penalty and Wallace wants to make sure all avenues are considered.

Some background information: Earl was convicted on federal fraud charges for embezzling half a million dollars from his employer. He was sentenced to three years in jail and apparently, one week after his release, shot Tom Simon who was the prosecutor on his case. Tom initially survived the shot, but fragments of the bullet couldn’t be taken out. Under these pretences Earl was convicted for attempted murder, but two years later the fragments moved and he was killed. Changing the charges to federal capital murder resulted with him on death row.

They don’t provide us with much more evidence against Earl, but it is revealed a gun was found at the scene, a ghost gun – as Frankie (Manny Montana) dubs. It’s a homemade gun which is put together with parts from different manufacturer, has no serial number and is untraceable. Maxine (Merrin Dungey) points out that this type of gun is more commonly used by experienced felons and not embezzlers. But Wallace counters – the prosecution argued that while he went into jail a white collar criminal he came out dripping with a want for revenge.

While Hayes doesn’t do her usual drill of handing out individual tasks for the investigation, she provides a general statement: look at Tom’s work files to see who he prosecuted/was prosecuting and check the files his wife brought in while she and Wallace go talk to AUSA who put Earl on death row, Bill Newton (Matthew Bennet) (much to her displeasure).

Bill has no doubts that Earl is the saboteur (which if you ask me seems a little suspicious). Throughout the interview he becomes increasingly difficult, sassing both Hayes and Wallace. In his eyes the case was a slam-dunk, especially after it was reviewed three times by the appellate lawyers and sprung no questions. Hayes steps out to take a call from Frankie. It seems he and Tess (Emily Kinney) found a letter, it had been typed up with no return address, no signature and no postmark. The writer confessed to killing Tom; however, this doesn’t have Hayes phased as a lot of people (or “wackos” as she puts it) want to take credit for other people’s crimes. But the writer had details that were never released to the public, like the details of the ghost gun. This has Hayes’ attention now and she gets them to do whatever they need to do to find out who wrote the letter. She’s hooked onto the case now, and there’s no getting her off it.

Wallace and Hayes head to Indiana to speak with Earl, but first make a stop at the office of superintendent Jack Braemer (Kevin Hanchard) to get his view on the whole situation. He explains he doesn’t like all aspects of his job, but does what he needs to and does it by the book. Earl does the usual song and dance, claiming he didn’t kill Tom. Hayes informs him of the letter they found and he sees this as a sliver, a window of hope. Wallace is unconvinced by Earl’s plea but Hayes is still sticking to her guns. Sam (Shawn Ashmore) and Tess approaches a judge for a stay of execution but the evidence they’ve got so far is insufficient and the judge denies their request.

Wallace and Hayes have a confrontation with Bill outside the prison. Each scene with this guy just makes me dislike him more and more, he’s so slimy. In an attempt to buy the team more time Hayes goes back to the superintendent, desperate to find something, a mistake he may have made in the month leading up to the execution. If even one thing is not done by the book the whole process has to start again. Hayes is grasping for just one thing. While Braemer doesn’t explicitly say so, he hates this part of his job, but his disdain for the act is not enough for him to break the law.

Hayes and Wallace have just checked in to their motel in Indiana when she gets a call from Frankie. He’s gotten DNA evidence from the letter! An ex-con named Harold Redding, the best part, he’s a hit man. But the news isn’t as good as we previously thought – Harold died two years ago. They’re still running down his financials and connections he may have had with Tom and Earl. Sam enters now and informs the group that Maxine found out Earl and Harold were not only in prison together, but were released within days of each other. While Hayes is still apprehensive to Earl’s guilt, the evidence sure looks like he paid Harold for the hit.

Hayes goes back to the prison to talk to Earl about Harold. While their cell blocks were a mere 100 yards away from each other, Earl informs her that in prison it might as well have been 100 miles as cell blocks don’t mix. When Hayes asks him if he paid for the hit, he denies it. Days away from his execution, he’s got nothing to hide so if he paid for the hit he’d say it – all he’s got left is his integrity.

At CIU Maxine and Sam talk to Earl’s ex-wife and son, they give permission for the team to look into his financial records, but it’s clear the two want nothing to do with him. While Tess has found no payments between Earl and Harold, they’re getting Harold’s old financial records to try and track down who did pay him. Sam and Maxine go to talk to one of Earl’s old colleagues, Nina Chen, an accountant and the woman he had an affair with and possible partner in the embezzlement.

It turns out that Nina (Pui-Ling Tam) doesn’t even believe Earl committed the crime in the first place as an internal memo she gives the CIU apparently shows that Earl’s boss committed the crime instead and threw him under the bus. While this evidence was given to Tom, it was never given to the defence. This throws a wrench into the mix because it means Tom may not have been the stand-up man everyone thought he was after all. Wallace and Hayes approach Bill about this where he reveals that rumors were circulating that Tom was accepting bribes to fix cases revealing a whole new field of possible suspects.

With this new evidence Sam approaches the judge once again and is able to get the stay of execution (although this doesn’t last long but more on that later). In the meantime, Wallace talks to Tom’s widow about the accusations and at first she’s hurt that Wallace would approach her with such a thing, but eventually gives the team access to Tom’s bank records. Unfortunately, here’s no suspicious activity.

Back to the stay of execution, the team’s victory lasts all of a few hours because the next morning Wallace informs Hayes that Bill, determined to keep his record straight, appeals the stay and it gets lifted – meaning Earl is due to be executed that very night (Hayes’ description works very well here: “He is such a douche!”).

Hayes is even more desperate now and goes back to the superintendent, grasping at straws. She needs to do something, find something to delay the execution. Hayes even pulls out all the stops calling her dad for a favour, but is unfortunately turned down. Wallace and Hayes visit Earl once more and deliver him the bad news, despite the hope they gave him he’s accepted his fate and with parting words tells Hayes not to attend his execution. But she’s far from giving up. At CIU Tess continues going over the evidence they have, trying to find out who bought the money orders that paid Harold off. Meanwhile Hayes is desperately calling people to try and find anything that will prove Earl’s innocence.

Finally, finally she is able to find something with Nina. She informs Hayes that she did indeed hand over the memo all those years ago, to who she believed to be Tom Simon, except it wasn’t him. It was Bill (the slimebag) pretending to be Tom! Hayes is racing to the prison, leaving Wallace several missed calls and voicemails, but he already entered the viewing area and left his phone outside as per protocol. He’s not getting any of these messages and he doesn’t know. Bill had been the one taking the bribes, not Tom! They traced the money orders back to him proving he was the one who had Tom killed. Knowing Earl and Harold were in the same prison together he pinned the entire thing on him.

Wallace exits the viewing room, his face morose. He goes to take out his phone and sees all the missed calls and voicemails. Hayes is rushing into the prison only to be met with Wallace, seeing the expression on his face she realizes she’s too late.

After finding out they were unsuccessful in saving Earl, Maxine has reached her limit – she goes into the files room and pops some pills. She had been throughout the episode, but this is too much and adds a couple more to her hand. But Sam catches her just in time – he’s curt but you can tell he cares about her wellbeing.

Wallace and Hayes return to their respective (adjoining) rooms. Despite catching Bill (who will go down for capital murder) they are still defeated in every possible way unable to save an innocent man from his untimely fate. Wallace attempts to reach out to Hayes. Relenting, she finds comfort in Wallace’s arms and vice versa. The episode ends with the two of them kissing, tears still running down Hayes’ face.