Presumed Innocent's final episode, "The Verdict," opens on Tommy Molto (Peter Sarsgaard) standing in his house as forensic officers take photos of the fire poker. Tommy tells Nico Della Guardia (O-T Fagbenle) that Rusty Sabich (Jake Gyllenhaal) must have put the weapon there as a final act of desperation. A worried Nico asks Tommy if he’s OK. He admits he’s not, then takes his cat upstairs.
But who actually put the fire poker in Tommy’s house? What impact will it have on the case? Here's what happens in Apple TV Plus show Presumed Innocent season 1, episode 8, "The Verdict."
Tommy presents the fire poker to Rusty, Raymond Horgan (Bill Camp), Mya (Gabby Beans), and Judge Lyttle (Noma Dumezweni). All the DNA and fingerprints have been scrubbed off it. Thanks to this new piece of evidence, Judge Lyttle is happy to declare a mistrial.
But Nico and Tommy want to proceed. Rusty suggests that Dalton Caldwell (Matthew Alan) put it there, which causes another argument over Tommy and Nico’s lack of an investigation.
When they’re alone, Raymond tells Rusty they don’t want the fire poker presented as evidence. Rusty believes it might plant some doubt. That’s all that matters to him. Rusty suggests that if they show the jury the fire poker and intimidating note it might make them think Dalton was responsible. But Raymond insists that it’ll only make them think that Rusty put the weapon there.
Rusty tells Barbara Sabich (Ruth Negga) that the weapon is not being submitted as evidence, Tommy won’t leak it to the press, too, because he thinks he’s winning. Rusty says that it definitely is the poker from Carolyn Polhemus (Renate Reinsve)’ house because he recognizes a chip on it.
Carolyn died later
Using a medical expert (Mary Lynn Rajskub), Raymond Horgan establishes that Carolyn actually died between 1 am and 3 am, as she ordered food at 8:55 pm, there was none in her stomach at her time of death, and there needs to be four hours before it’s digested. Tommy looks to sow doubt, first by suggesting that Carolyn never ate the food, secondly by telling the jury that the medical expert only works for defense teams because she gets paid by them.
Barbara says she can vouch for Rusty being in the house between 1 am and 3 am. But Mya doesn’t want to call her to the stand, because she’s biased and could paint Rusty in a negative light. Rusty wants them to rest. Raymond agrees.
Rusty’s closing arguments
Rusty wants to do the closing arguments. Raymond doesn’t believe he should as he doesn’t have any relationship with the jury. But Rusty insists he’s doing it, as it’s his life on the line. He’s also disappointed in his lawyers — especially his best friend Raymond — for having not faith in him.
On the morning of his final arguments, Raymond tells Rusty to focus on the elements of the case and not to go off on how either Tommy or Dalton are the real killer.
Rusty tells the jury the evidence proves he betrayed his family, the people he loves the most and has ruined his relationship with them. But the evidence does not prove he killed Carolyn, because he did not kill her. His voice breaking, Rusty says he cared and loved Carolyn and misses her. He wants to find who killed her. Just like Tommy.
Rusty adds that Tommy’s desire to find Carolyn’s killer is why he’s so obsessed with Rusty being found guilty, because he fits the bill perfectly. He admits the circumstances point to him. But also to Michael, Dalton, or Liam Reynolds (Mark Harelik). He then criticizes the prosecution for bringing charges against him without enough proof, listing how they have no physical, testimonial, or forensic evidence or even a murder weapon.
Rusty says reasonable doubt exists in abundance. He says Tommy is on a mission to bring him down. Then through tears, he says he deserves the jury’s contempt, but reiterates that he did not kill Carolyn. He says he’s not honorable, but the irony is that he hopes that the jury are. When Rusty sits down, Raymond puts his hand on his arms.
Tommy bites back
Tommy tells the jury Rusty wasn’t in love with Carolyn, he was obsessed. He reminds them that Rusty concealed and obstructed the case in the first 48 hours after her death. He beat up potential witnesses. He was acting outside of himself in the build up to the murder. He then shows pictures of Carolyn’s dead body and calls Rusty a murderer. He says Rusty is a very good liar and desperate.
That night, Rusty remembers telling Carolyn the longer the jury deliberates the more it favors the defense.
When Nico goes to Tommy’s office, he says they should go for a drink as the jury is likely to be gone for a while. But Tommy is obsessing over the potential reasons why Rusty brought the poker to his house. He asks, ‘What did she ever see in him?” A miffed Nico finally breaks and asks Tommy, “How much did you love her?” Tommy turns away in disgust. Virginia then enters. There’s already a verdict.
The verdict
Rusty Sabich is found not guilty. He doesn’t flinch. Raymond smiles. Mya beams. Tommy looks distraught and is lead away quietly by Nico.
That night, Rusty tells Jaden Sabich (Chase Infiniti) it’s over, they can’t prosecute him again.
Rusty goes to talk to the press, telling them that justice is not complete here, as Carolyn’s murderer is still out there. He says the justice system and especially the prosecutor’s office have failed her. He then says Tommy was blinded by ambition and he prioritized a vendetta over the truth. Watching the coverage at home, Tommy puts his head in his hands.
Nico praises Tommy
The next morning, Nico tells Tommy he tried a magnificent case, especially as he only had a circumstantial set of facts. Tommy says Rusty beat him and he let Carolyn down. Nico tells Tommy to move on from the case and Rusty Sabich. There’s work to be done and they need to get on with it.
Did Barbara kill Carolyn?
Rusty finds that Barbara has packed a suitcase. She says it was Dr. Rush's (Lily Rabe) advice, should there be a next time that Rusty tries to destroy their family.
Rusty takes a seat. He says he knew from the beginning. Barbara says she has no idea what he’s talking about.
He kept telling himself that this was his doing, this was his fault. He had to do what he had to do to protect his family. To protect Barbara. Barbara looks shocked.
Rusty continues that he just couldn’t work out how Barbara was so normal and disaffected the day after Carolyn’s murder. Because she was the one that murdered her. Barbara asks Rusty, ‘You think I killed Carolyn?’
Rusty tied up Carolyn
Rusty tells Barbara that it was somebody else in Barbara’s body when she committed the murder.
He then says it was someone else in his body when he tied Carolyn up to cover for Barbara.
Rusty recalls the night of the murder, admitting he went back there that night. He found Carolyn’s dead body and realized that there was only one person who could have done it, so he didn’t call 911 in order to protect Barbara. He tied Carolyn up instead and looked to blame Liam Reynolds.
A scared Barbara calls Rusty sick. Rusty says that Barbara must have dissociated after killing Carolyn. That’s why she has been so calm.
Barbara calls Rusty insane and says that he’s wrong. Rusty says he checked Barbara’s car and he knows she went to Tommy’s house with the poker.
Who killed Carolyn Polhemus?
But then Jaden walks in and says that Barbara didn’t do that. She did. She thought Rusty was going to be convicted so put it in Tommy’s house.
Rusty asks how Jaden had the fire poker. Barbara starts to cry. Jaden says she just went there to confront Carolyn and tell her to stay away from Rusty.
In a flashback, we see that, after letting her inside, Carolyn told Jaden it was Rusty who was pursuing the affair. Jaden told her to quit her job and stay away. Carolyn then told Jaden she was pregnant with Rusty’s baby and walked away.
Then Jaden hit her three times with the poker and fled the scene. When Jaden was driving home after the murder she thought it was just a dream. In the morning, she cleaned the car and buried the poker.
Rusty tells Jaden they will never speak of this. It was something that came out of her. It was self-defense. In defense of their family. He takes the blame. Saying he put this into motion. He insists they’ll survive as a family. They love each other. Rusty then hugs Jaden as he repeats they’re a family who love each other. A distraught Barbara shakes with shock, tears streaming down her face.
The episode ends with Raymond and Lorraine tending to their garden. Jaden enjoying the sun as Kyle listens to music. Tommy watching the Bears at home by himself. Barbara and Jaden make dinner. Rusty and Kyle join them. Barbara looks at Rusty lovingly. But it soon becomes one of concern.
