CONVICTION

US, 2010, 109 minutes, Colour.
Hilary Swank, Sam Rockwell, Minnie Driver, Peter Gallagher, Juliette Lewis, Melissa Leo, Karen Young.
Directed by Tony Goldwyn.

In the 1980s, Kenny Waters was convicted of a brutal murder of a woman in Massachussets. It was considered an attempted robbery. Kenny had a reputation for being a troublesome child, an irresponsible young man. The police were out to nail him, especially a female officer on the force who was intent on proving herself among her male colleagues. At first, the charges did not stick. After some years, his former girlfriend and his partner testified against him and he received a life sentence.

Kenny was very close to his sister, Betty Ann. She decided to study law in order to prove his innocence.

This is one of those stories of dogged perseverance, of someone enduring prison life while innocent, and the repercussions for the family. Familiar enough, but stories of courage and stick-to-it-iveness always draw an audience. This American story is told in the American way, hearts on sleeves, emotional appeal, orchestrated score, spirit of triumph over all odds.

Hilary Swank has shown over the years (and two Oscar wins) that she is more than adept at strong female characters. This is true of her Betty Ann, tested by her love for her brother, tested by her uncomprehending husband, sometimes alienated from her sons, enduring the long years of study. It is Sam Rockwell, who is an actor of quite some skill in diverse roles, who portrays Kenny. Minnie Driver offers moral support as a fellow student. Melissa Leo is the hard and determined police officer. Juliette Lewis is good as the perjuring girlfriend.

The factor which changes Kenny Waters’ appeal is the development of DNA technology, not available when he was found guilty but developing during the 1990s. (Another tension arises as to whether regulations have allowed the destruction of evidence after a certain time period.)

Films like this encourage an interior almost-rage at the awareness of injustice perpetrated on the innocent as well as a feeling of helplessness in the face of conspiracies against the innocent. Not that Kenny Waters is an admirable character. His behaviour in prison is disruptive – but, given his innocence and his being framed, why wouldn’t he be disruptive? It is the principle which is the important thing in stories like this – and the reminder, which is spoken by Betty Ann, that in a state with capital punishment, Kenny would be long dead.

Since the trial, Betty Ann has been involved in an organisation that works to prove the innocence of the condemned – its representative is played by Peter Gallagher.

Certainly a worthy film with a significant subject but given standard treatment.

1. The impact as drama, about the law, justice, challenging the law and administration?

2. Familiar story, a strong theme, the facts, the final photos of the protagonists?

3. The Massachusetts settings, the 1980s and 90s, the small town, homes and farms, poverty, lifestyle, school, police precincts, the nightclubs? The context for the characters?

4. The flashbacks, the children, the brother and sister and their bonding, the mother and her many children, not able to control them? Her testimony in court? Their stealing from the store? Kenny as a raucous boy, playing with the other children, rough, the hard life? Kenny and trouble, and detention?

5. The framework of Betty Anne’s contribution to Kenny’s case, her work, study, her husband and the beginnings of alienation, her boys, their not wanting to be with her, her hard work at the bar, late for classes, late for her essay? Abra as a friend? Her initial resistance? Her abrasive attitudes towards people?

6. The crime, the initial arrest, Nancy Taylor and her attitude towards Kenny, demanding, saying that he had a weapon with his saw? His carry-on, his grandfather, his being released? The years passing, his grandfather’s funeral, the police arriving, the reaction of the priest, the arrest, Betty Anne and her accompanying him?

7. Kenny and his raucous behaviour, his partner, the birth of his daughter, at the club, stripping, people’s response, irresponsible?

8. The trial, the issue of the blood, his girlfriend and testimony, his partner and her testimony, alleging that he confessed? Nancy Taylor and the strong pressure? The police? The lawyers, the jury and the guilty verdict?

9. Kenny and his years in jail? Betty Anne and her visits, his letters, his letters to his daughter, his partner not allowing the girl to see them? The hard years, his behaviour, carry-on, his violence in the cell, his being isolated, lack of phone calls? His ageing in prison?

10. Betty Anne and her decision, her husband’s opposition, his leaving, the boys, the separation? Visits, Betty Anne forgetting the fishing trip? The boys saying they wanted to be with their father? Her being hurt, sense of failure? Their later support? The characters of the boys, their seeing her sacrificing her life for her brother? Asking whether they would do the same for each other?

11. Betty Anne and the friendship with Abra, the help over the years?

12. The changes in evidence, the development of DNA tests, the possibilities for declarations of innocence? Barry and his organisation, the phone calls, talking, the possibilities? The huge backlog? Betty Anne and Abra and their search for the evidence, being told it was destroyed, the refusal to believe, Abra and her suggesting something of Kenny’s guilt and Betty Anne ordering her out, the later reconciliation? Their going to the town, the plea to the lady at the desk, finding the evidence? The tests, the delays? The district attorney and her election and stalling? Barry, his pressure, threats of going to the papers? Kenny and his reaction?

13. The shock of his being accused of being an accessory to the crime? Barry and Abra with Betty Anne, confronting the girlfriend, the interrogation, her admitting the truth, fear of accusations of perjury, refusing to sign the affidavit? Going to see Kenny’s daughter, her attitude, her mother’s refusal to see them? Betty Anne and the explanations, the letters, the photo? The mother agreeing and signing the document?

14. The presentation of the case, Kenny’s freedom? Seeing Mandy, the gift and her picture? The effect and the reconciliation?

15. Betty Anne, her achievement, giving her life for her brother?

16. The information at the end – and the case never having been solved? The importance of evidence, the development of tests like DNA – and the danger of capital punishment executing the innocent?