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Gregory James Wakeman

Presumed Innocent episode 5 recap: the trial begins

Jake Gyllenhaal in Presumed Innocent.

Presumed Innocent episode 5, “Pregame,” begins where episode 4 ended, as Rusty (Jake Gyllenhaal) beats Brian Ratzer (Marco Rodríguez) on his doorstep. 

Barbara (Ruth Negga), Kyle (Kingston Rumi Southwick) and Jaden (Chase Infiniti) all plead with Rusty to return inside. He does so after pushing Brian into his garden. Rusty locks his door as Raymond (Bill Camp) screams over the phone to know what's going on.

With the walls closing in around Rusty, and him increasingly looking like the prime suspect in the murder of Carolyn (Renate Reinsve), here's what else happens in Presumed Innocent episode 5. 

Was Brian involved?

Rusty tells Barbara how he knows Brian, insisting Brian won't go to the police to report the assault. Even so, Rusty attempts to break into Brian's home after he and his wife Laura (Eileen Álvarez) leave, but Brian returns before Rusty can actually get inside. Rusty insists he just wants to talk with him.

Raymond criticizes Rusty for his actions, saying he's spiraling into a "sociopathic nut-job." Rusty then tells Mya (Gabby Beans) why he believes Liam Reynolds (Mark Harelik) is their main suspect. He has a motive, knew enough people on the outside that he could ask to do it and, as Alan Rodriguez (Nana Mensah), discovered, Liam has been boasting about killing Carolyn to fellow prisoners.  

Mya says proving Liam did it is not their case and Raymond doesn't think Liam was involved. Plus, the fact Carolyn buried the evidence that Brian's semen was found at the murder of Bunny Davis means they're unable to use it. Rusty insists Brian and Liam are connected and revealing it's the way to save Rusty from life in jail. Raymond says he's there to defend his life and freedom but this is not the strategy. Still Rusty tells them Brian is going to be there tomorrow. 

The next day, Brian looks at the pictures of Carolyn's dead body and says he had nothing to do with it. Mya asks him about the murder of Bunny Davis. He insists he wasn't there that night after previously saying he didn't know her. He eventually admits to having sex with her but says he's never seen Liam before. After further questions from Mya, he maintains his innocence.

Raymond's concern 

As Raymond goes over the evidence, he begins to suffer from heart palpitations. His pulse rapidly increases. Suddenly, his head explodes. Raymond wakes up sweaty; it was a nightmare.

Over breakfast, Lorraine (Elizabeth Marvel) tells Raymond all of these nightmares clearly mean he thinks Rusty is guilty. He explains while there might not be any evidence pointing to another suspect, there's still a lack of evidence pointing to Rusty.

Later, Raymond tells Rusty he can win the case, but Rusty needs to let him. He won't achieve that by alluding to Liam or Michael Caldwell (Tate Birchmore). Their defense is that they can't prove Rusty did it. Rusty says they need to provide a credible alternative, but Raymond disagrees. 

Raymond asks if Barbara thinks Rusty is guilty. Rusty says she knows he's innocent. Raymond wants her to testify, as she can testify to Rusty’s demeanor the night of the murder. Rusty doesn't want that, but Raymond demands it. 

Tommy prepares 

Peter Sarsgaard in Presumed Innocent (Image credit: Apple TV)

Tommy (Peter Sarsgaard) goes over the photos of the night Carolyn was murdered, hesitating over the picture of Kyle's bike. He's interrupted by Eugenia (Virginia Kull), who wants to know why she has been called as the first witness. Tommy asks if Eugenia ever kissed Rusty? She quickly tells him to back-off, but Tommy suggests that if Eugenia doesn't do or respond as he wishes, she'll be fired. 

Tommy remembers discussing with Carolyn why she didn't want to work with him,  but his trip down memory lane is interrupted by Nico (O-T Fagbenle), who wants to discuss whether Liam might be a suspect, as there's an increasing amount of evidence. Tommy calls Liam a dead-end, reaffirming their focus is on Rusty. 

Tommy tells the press they won't be entertaining a plea deal from Rusty, then goes on a rant about how the powerful never get punished for their crimes. In his office, Nico asks Tommy how his comments were helpful. Tommy insists he was reaching out to potential jurors with his comments to prove he's a good guy, which leaves Nico looking even more concerned. 

Sabich family problems

Barbara calls Clifton (Sarunas J. Jackson) and they meet at his art exhibit. She says his work makes him feel safe. They kiss. 

Barbara tells Dr. Liz Rush (Lily Rabe) about kissing Clifton. She tries to play it down, but ultimately admits it was deeply romantic. She cries as she confesses she can feel Jaden's judgement of her, while she also judges herself for forgiving, staying and still loving Rusty. She says she could have had sex with Clifton, but decided not to. 

Elsewhere, Kyle tries to throw out his bike, insisting that the gears are broken. When Rusty spots it, he retrieves it from the trash and puts it in the trunk of his car. 

Rusty's trial begins  

The whole family leaves the Sabich home as scores of press snap photos. Barbara stands by Rusty's side as they make their way into the courthouse. The family sits directly behind Rusty and Raymond. 

Tommy then speaks to the already selected jury. He admits everyone knew and loved Carolyn, that he even might show emotion through the case, then presents a gruesome image of her dead body and her son. At the end, rather than searching for the reasons why Rusty might have done it, he just implores them to be faithful to the truth. 

When he’s finished, a worried Rusty mutters, "F***," to himself. 

New episodes of Presumed Innocent premiere on Apple TV Plus every Wednesday.

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