Presumed Innocent episode 3 recap: Who wants to meet Rusty?

Jake Gyllenhaal in Presumed Innocent
(Image credit: Apple TV)

Presumed Innocent episode 3, "Discovery," begins with Rusty Sabich (Jake Gyllenhaal) still staring down at the text that reads, "YOU WERE THERE. I SAW YOU". Rusty goes outside to call the number and pleads to know who it is. No-one responds. Barbara Sabich (Ruth Negga) follows him outside. He shows her the message and admits he was there that night. But not to kill her. She begins to cry and goes inside. By the pool he stares at his phone and wonders what to do.

The episode then cuts to Rusty tussling with Carolyn Polhemus (Renate Reinsve) as she pleads, "Rusty, this is not you." He then exclaims, "You don’t know me and you don’t know what’s in me," before hitting her with a fire poker. He then screams, "Wake up Raymond," as Raymond Horgan (Bill Camp) wakes up from his dream.

With plenty of things still left to be discovered, what else happens in Presumed Innocent’s third episode, "Discovery"? Take a look below to find out...

Who wants to meet Rusty?

The person texting Rusty demands to meet him that afternoon. Rusty shows Raymond the text, saying it could be a trick or a reporter. Raymond again scolds Rusty for not telling him that he was at Carolyn’s the night of the murder. Rusty says he went there after to work to try and win Carolyn back, but failed.

Raymond wants Rusty to hand the phone over to the police. Rusty wants to find out who it is and what this is about. Raymond asks if Rusty has an alibi for the night of the murder. But he’s clearly apprehensive, insisting they don’t know the time of night Carolyn was murdered. When Rusty tries to come up with a different plan, Raymond wants to just wait for all of the facts to come in before Rusty starts crafting responses.

Rusty can’t help himself and goes to meet the texter in an abandoned factory. It’s Carolyn’s son, Michael (Tate Birchmore). He has pictures and videos of Rusty there that night. He insists that Rusty was the only one that went there. Rusty says that isn’t true, as Michael was clearly there, too. Rusty demands that Michael gives the images and video to the police or him. Michael has already given them to the district attorney. Rusty tells Raymond that Michael is very clear troubled.

Is Tommy right for the case?

At a status conference for the case with Judge Lyttle (Noma Dumezweni), Nico Della Guardia (O-T Fagbenle) makes it clear they’re also trying to prosecute Rusty for obstruction of justice, too. Raymond calls this a stunt. As they argue, the judge says the trial will be about evidence and law, not gamesmanship.

Raymond reminds Nico and Tommy Molto (Peter Sarsgaard) that they have to hand over all evidence. They insist they have. Tommy finally admits they’re still in the process of authenticating Michael’s photographs. The Judge says they have to hand over the evidence to her and defense by the end of the day so they can properly analyze it together. She warns Tommy not to hide any more evidence.

Later, Nico tells Tommy to drop the obstruction charge, as that will allow the jury to get Rusty without finding him guilty of murder. Nico worries that Tommy isn’t up to trying the case. Nico says they need hard evidence of murder to convict Rusty.

Jake Gyllenhaal & Nana Mensah Get Quizzed on Legal Terms | Presumed Innocent | Apple TV+ - YouTube Jake Gyllenhaal & Nana Mensah Get Quizzed on Legal Terms | Presumed Innocent | Apple TV+ - YouTube
Watch On

New addition

Raymond has hired Mya Winslow (Gabby Beans) as an associate. He says that not only is she experienced and talented, but most of all she is a woman, which their team needs. When they’re alone, Mya asks Rusty if he loved Carolyn or whether it was about lust. She’s trying to build up his narrative in case he’s called up to testify. He recalls the first time he felt an emotional attachment to her, which was when she showed kindness and tenderness to a little girl before a case. Rusty says he would never have hurt her. Someone else did.

Barbara loses her job

Barbara goes to work, only to be hounded by reporters. Her boss Kate (Rosanna Arquette) asks Barbara to take a step back, partly so she can take care of herself, but mostly so she can keep distance from the art gallery. Barbara really wants to keep coming in, calling it a necessary distraction. But Kate says this doesn’t work for them.

So Barbara goes to a local bar. She flirts with a bartender, telling him she lost her job and her husband is on trial for murdering her mistress. She says he didn’t do it.

Lorraine doesn’t trust Rusty

Over breakfast, having just recalled the dream to his wife Lorraine Horgan (Elizabeth Marvel), she then tells Raymond that he clearly thinks Rusty is guilty. She’s concerned about her husband. If Rusty is found guilty she knows he’ll struggle to live with his best friend spending the rest of his life in prison. Even if he’s found not guilty, Lorraine knows Raymond will always have a nagging feel that Rusty actually did it.

Barbara talks to Lorraine about her flirtation at the bar. She encourages Barbara to have a “little adventure.” Lorraine is delighted to see Barbara smiling, calling her young and beautiful and saying she should feel that way every day. She even goes as far as to say that Rusty is no longer the man she married.

Rodriguez wants to help?

Tommy Molto yells at Det. Alana Rodriguez (Nana Mensah) for helping Rusty see Liam Reynolds (Mark Harelik) in prison. She insists Reynolds should be being considered as a suspect. Nico tells her she’s off the case. She can see that they’re dying for Rusty to be guilty.

Nico insists their only pursuit is justice. But Rodriguez decides to pull the files on the Bunny Davis murder to investigate herself.

Later, Raymond has learned that Rusty is pursuing the second semen specimen in the Bunny Davis case. He warns that if they offer the idea of a second suspect in Carolyn’s murder, they’ll be under the obligation to provide one. Rusty refuses to let it go, saying that once the jury sees the brutal photos of Carolyn’s death they’ll want someone to blame. If they can’t provide anyone else, they’ll blame him.

Family drama

Rusty tells his family they made a good start with the case. But Jaden (Chase Infiniti) wants to know what evidence they have against him. He admits to his children that even though the evidence is all circumstantial, it points to him. Kyle (Kingston Rumi Southwick) asks if Rusty would put in a manslaughter plea, as he would only serve eight years in jail. An upset Rusty tells Barbara Kyle clearly thinks he did it. She says he’s just terrified. Rusty asks Barbara if he should take the plea bargain. She says no-one in the family thinks he should do that. Kyle tearfully apologizes to Rusty.

The episode ends with Rusty looking at Michael’s photos and videos. It shows them looking happy. But in the last one, there’s shot of Kyle riding his bike past the house that a dismayed Rusty focuses in on.

New episodes of Presumed Innocent release Wednesdays exclusively on Apple TV Plus.

Gregory James Wakeman

Born and raised in England but now based in Philadelphia, Gregory Wakeman has written for the BBC, New York Times, The Guardian, GQ, and Yahoo Movies UK, all while defiantly trying to keep his accent.