ENCORE The Kidnapping of Patty Hearst | 4 Free Will | 4

0:00This episode previously aired in 2022. A listener note, this episode contains descriptions of violence and references to sexual assault. It may not be suitable for a younger audience.

0:23It's September 18th, 1975, in a jail in Northern California. Patricia Hurst is curled up in bed in a small concrete cell. The space is no more than six feet wide and nine feet long. In one corner is a combined toilet and sink, and at the other end are a set of steel bars. Hurst rolls over, trying to make sense of everything that's happened today. It was only a few hours ago that FBI agents stormed into her apartment, guns drawn, and placed her under arrest for robbing a bank. The encounter with armed law enforcement left Hurst feeling shaken. But the day took an even more surreal turn when Hearst and the agents arrived at the jailhouse and found a crowd of reporters waiting for her.

1:07Hearst greeted them with a raised fist, and during her booking, she identified herself as Tanya, her adopted name in the Symbionese Liberation Army. She even gave her occupation as Urban Guerrilla. All the radical posturing earned a few raised eyebrows. Apparently, people were expecting that after getting arrested, Hearst would stop playing the part of political radical. But Hearst's allegiance to the SLA is complicated. She was, of course, a kidnapping victim, and she had been held captive in a dark closet and her life threatened. But Hearst grew convinced her family had given up on her. And while living in isolation with the SLA, Hearst publicly gave up on her family.

1:48She made recordings of herself condemning her mother and father for their bourgeois lifestyle and calling out the media and labeling her a victim. She was fully aware that the FBI was leading a manhunt, calling her a criminal, and trying to place her under arrest. So at the same time that it felt like her world was collapsing, that her family had abandoned her, the members of the SLA started to become something like a new family, even if it was dysfunctional. The radical political group had become her entire world, offering protection, camaraderie, and a sense of daily ritual. But now, Hurst is alone once again.

2:25The majority of the members of the SLA died after a shootout with the police. The group is in tatters after she and the remaining members hopscotched around the country trying to find refuge. And Hurst was dealt the final blow only hours ago, when federal agents stormed her apartment and placed her in handcuffs. Hurst is lying on her side, trying to get comfortable, when she hears a pair of heavy boots coming down the hallway. Instinctively, Hurst tenses up. Sinh-Kyu Emtume, the fallen leader of the SLA, always warned what would happen if they were brought to jail. He promised that the SLA would be brutalized and tortured.

3:03Hearst believed every word of that terrifying message. And as these footsteps get closer, she begins bracing for violence. The footsteps stop outside her cell, and Hearst looks up to see a deputy with a blank expression. He takes out a key and unlocks the cell door. All right, come on, Miss Hurst. You've got guests. Hurst stares suspiciously at the deputy, waiting for his next move. Miss Hurst, come on. We don't have all night. Hurst gets up, still eyeing the deputy. He places a pair of handcuffs on her wrists. And then he leads Hurst down a dark hallway, past rows of other jail cells, and inmates who stand banging against their cell doors and shouting out.

3:46Hurst swallows as she gets closer and closer to what she is sure will be a beating. She's trained for this moment, but still she is afraid. A moment later, Hurst and the deputy arrive in front of a door. Hurst is nearly trembling now in fearful anticipation of what comes next. But when the deputy turns the knob and the door opens, Hurst freezes in surprise. In front of her are her mother and father and her two younger sisters, Family members she hasn't seen in over a year and a half. Catherine Hurst, Patricia's mother, steps forward, cradling a dozen yellow roses. Oh, Patty, sweetheart. I'm so thrilled to know you're safe.

4:30And you look, well, your hair is quite different. Unconsciously, Patricia touches her hair, which she box-dyed red a few weeks ago. You don't like it? Well, you've been using various disguises. I'm sure. Let's change the subject. Tell me about how they're treating you here. Do you share a cell? No, they have me alone. Said it's for my own safety. But that doesn't make sense. Me and the other prisoners, we are in this struggle together. Oh, of course. Well, here, Penny. These roses are for you. To brighten up your space. Well, thank you. No, don't thank me. They're from the reporters who've been visiting the house.

5:10They were so happy to hear this was all coming to an end. Catherine holds out the roses, but Patricia doesn't move to take them. After all the outrageous coverage, all the sensational headlines and baseless accusations, now reporters are sending her flowers? Sweetheart Patty, what's wrong? The flowers are nice, but what is it? Are they not treating you well here? No, nothing bad has happened so far. What do you mean so far? Patricia pauses. Her family, with her mansion and summers at the Hearst Castle, could never understand the wide gulf that now stands between them. The reality of prison. All the lessons Patricia learned from the SLA about oppression and sexism and racism in America.

5:54Mother, it's nothing you wouldn't understand. Patricia, whatever's on your mind, we will understand. No, no, don't worry, Mother. I'll be fine, and I didn't mean anything. This is all very new. Yes, and it won't be permanent. We'll see to it that you get out of here soon. Your father's hiring the best attorney money can buy. The deputy signals it's time to wrap up. And don't you worry, Patty. We'll get you out of here. And then we'll put all of this behind us, I promise. A minute later, Patricia Hearst is escorted back to her cell. As she walks down the hallway, she gazes at the other prisoners.

6:31Women who were locked up and promptly forgotten about. Hearst knows her mother has fantasies that she'll beat the charges and everyone will soon get back to their old lives. But it is a fantasy. Hearst is now one of the oppressed, an inmate in America's criminal justice system. And she's about to face a trial that'll be as much about political theater as any real form of justice.

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8:13In 1974, the story of Patricia Hearst's kidnapping turned into a national sensation, generating coverage in newspapers, radio, and TV. The public found itself gripped by the unfolding saga involving a corporate heiress who appeared to renounce her life of wealth and privilege and take up an identity as a radical activist and a criminal on the run. In September of 1975, Hearst was arrested for taking part in a bank robbery. Facing renewed public attention, Hearst found herself at the center of one of the biggest trials of the 20th century. Both in and out of the courtroom, there were fierce debates about Hearst's state of mind.

8:51Was she a real member of the SLA, or was she the victim of brainwashing or playing a part to survive. As the trial unfolded, these questions would have large implications for Patricia Hearst, and they would shape the jury's deliberations as they decided whether to find Hearst guilty of crimes that could send her to prison. This is Episode 4, Free Will.

9:17It's September 26, 1975, at the San Mateo County Jail. F. Lee Bailey lights a cigarette as he sizes up a young woman seated across the table. She has disheveled red hair and thinly plucked eyebrows. She's gaunt and looks worn down. Bailey takes a long drag from his cigarette. He doesn't quite know what to make of his newest client, Patricia Hurst. Bailey is one of the most well-known criminal defense attorneys in the country. He's won cases defending rapists and exonerating murderers. And he's had his brushes with celebrity, representing the infamous serial killer, the Boston Strangler. But Patricia Hearst involves an entirely different magnitude of fame.

9:58The entire country has been following her case, arguing about what justice means in her case. Bailey knows he has his work cut out for him. Hearst faces criminal charges for her role in a bank robbery. The media heiress also unloaded a submachine gun at a sporting goods store. Making matters worse, Hearst has proudly declared her responsibility for the criminal activity. And even since getting arrested, she hasn't been staying quiet. Hearst has continued to draw attention to herself, spouting a bunch of heated political rhetoric. So this will be a tough case. But Bailey believes it's worthwhile.

10:35Patricia Hearst's trial is going to receive a flurry of media coverage, and that's free publicity for Bailey's practice. He might even get a book deal out of it. But before he can start counting up all the money he's about to make, Bailey knows he needs to first talk some sense into his client. He has to get Patricia Hurst under control. That's the only way they stand a chance at winning in trial. So inside this jailhouse conference room, Bailey stubs out his cigarette and straightens the lapels of his three-piece suit. Then he tells Hurst, starting now, he's in charge. Her father hired him to win the case, and if Hearst wants to avoid prison, she has to do exactly what he says.

11:15Hearst crosses her arms and asks what the lawyer is talking about. What is he asking her to do? Bailey begins laying out his strategy. Number one, there's going to be no more communication with the SLA. No more writing letters to anyone even affiliated with the group. Hearst has to get some distance from all political radicals. But Hearst pushes back. She's sitting in jail, completely alone. Bailey is asking her to cut herself off from everyone who cares about her. But Hurst's attorney reminds her that that's not true. She could see her family, her old friends, people she was close to before getting kidnapped.

11:53They love her and care about her. Hurst pauses, biting her lip. And while he knows what he said was true, Bailey acknowledges the situation is complicated. When she was still with the SLA, Hearst recorded herself denouncing her old life. The group made sure those tapes were broadcast across the country. And those recordings, no doubt, caused a little pain for Hearst family members. But they could still come back together, Bailey thinks. So he consoles Hearst, telling her not to fret and not to get hung up on past decisions. They're talking about family. Family will always be there. Hearst remains quiet for a few moments, but then asks if she follows the instructions.

12:38If she cuts herself off from the SLA, and they do win at trial, will she finally be able to live a life on her own terms? Bailey pulls out another cigarette and lights up. Taking a deep drag, he tells Hearst that that's the definition of freedom, being able to live the life you want. And Hearst gives a meek nod. She says she'll follow his instructions. Bailey blows out a pillar of smoke, feeling satisfied. On his flight over to San Francisco, he wondered which version of Patty Hearst he'd encounter. The radical who calls herself Tanya, or someone else. Hopefully, someone rational. Someone willing to do what it takes to win a trial.

13:17For now, it looks like Bailey has gotten lucky. And if Hearst remains pliant, he should be able to put forward a strong argument and get this whole case dismissed.

13:30It's the fall of 1975 in Northern California. In the visitor's room of San Mateo County Jail, Catherine Hurst takes a seat on a hard plastic chair. She smooths down her tailored suit and adjusts her pearl necklace. Soon, her daughter Patricia is let in handcuffed and takes a seat. The two women are separated by a thick piece of glass. It's a jarring experience for a mother. But even with the physical distance, Catherine can see there's reason to be hopeful. Patricia's eyes look a little brighter. Her shoulders are less hunched. Catherine has been making regular trips to the jail to see Patricia, and with each visit, her daughter has seemed more like herself and less like the radical everyone reads about in newspapers.

14:14Catherine gives some of the credit to F. Lee Bailey, Patricia's attorney. She heard he put his foot down and demanded that Patricia cut off contact with her fellow political activists. With less of their daily influence, it seems like Patricia is setting aside some of her more radical notions. But Catherine knows that's just the first step to bringing Patty back into the family, to repairing the deep wounds and reconnecting with her daughter. But sitting in the drafty visitor's room now, Catherine struggles to find anything to talk about, something they could connect over. Finally, Catherine smiles and asks about crocheting.

14:51Is Patricia still keeping it up? Patricia says, yeah, she's still doing some. She's working on a scarf now. It gets cold at night in her cell. Catherine nods. This is a good opening. And keeping the conversation going, Catherine begins filling in Patricia on tidbits of Hearst family gossip. Then she talks about the family dogs. She knows Patricia has always liked animals. And soon enough, the conversation starts to feel easy and natural. Catherine almost forgets that they're sitting in a jail, separated by a thick pane of glass. But suddenly, in the conversation, Patricia tells her mother she doesn't have to keep faking it.

15:29She knows the family hates her for what she said in those tapes. And while she appreciates the visits and knows it looks good for her cause, they can drop the pretense. Patricia knows it's all just for show. Catherine's face falls. And leaning forward to the glass, she tells her daughter this is absolutely not for show. No one hates her for those tapes. Those recordings were a godsend. They were proof that she was alive. Catherine goes on saying that no one in the family took what she was saying in earnest. She was being held captive. They know she was forced to say some outrageous things. Patricia looks down at the table, gathering her thoughts.

16:10Then she asks her mother why she didn't believe the statements on those tapes. Why didn't she think Patricia actually meant what she said? Catherine smiles and says no one knows Patty Hearst as well as her own family. And if the real Patricia was actually talking on those recordings, she would have been a hell of a lot more sarcastic. Patricia suddenly buries her face in her hands. Catherine worries she made a blunder. She was trying to be playful and connect with her daughter, but she might have made things worse. But then with her face still buried in her hands, Patricia starts to laugh. She says she never realized her sarcasm was so infamous in the family.

16:49Catherine laughs along with her daughter, feeling at ease for the first time, longer than she can remember. But then Patricia's expression turns serious again. She wonders what she can do about those tapes she recorded. They're going to be out in the public forever, along with all those terrible photos of her. the ones the newspapers couldn't get enough of. Catherine tells her daughter not to spend any more time worrying about newspapers or radio or TV. All that matters is her family. They know the truth about who she really is, and they will always love her. Catherine looks at her daughter, searching to see if she believes this solemn statement.

17:28And for what feels like an eternity, the two sit in silence, not saying a single word. Finally, Patricia nods. But before they can talk anymore. A guard signals that their time is up. Catherine stands and says goodbye. But Patricia has one more question. Is her mother coming back again tomorrow? Catherine looks at Patricia through the glass. Her daughter's face is open and expectant. She seems like the patty she raised, so Catherine assures her daughter that she will be here tomorrow, and she'll keep coming back until Patricia is free.

18:05It's late September 1975 in San Francisco. The prosecutor Jim Browning kneels on the ground, trying to untangle a knot of cords behind a TV. He pulls on one of the black wires, hoping to free it from the cluster, but the knot somehow only gets more bunched and tangled. For Browning, troubleshooting audio-visual issues isn't a normal part of the job. He's the U.S. Attorney for the Northern District of California, a federal prosecutor, and as one of the federal government's top attorneys, Browning's main job is to prosecute criminals, not tangle with cords between a VCR and a TV. But in just a few minutes, Browning is going to sit down with F.

18:44Lee Bailey, the defense attorney representing Patricia Hearst. Browning has been named the lead prosecutor in the upcoming Hearst case. It's his job to convict Hearst of all her crimes, including robbery. So Browning knows how this meeting is going to play out. The defense attorney is going to try to get the government to dismiss all charges, claiming it's better to avoid trial that the prosecution has a losing case. And Bailey is a famous defense attorney with a reputation for bravado and aggressive posturing. But Browning isn't going to cave or give in to any pressure. He has a trump card, a piece of evidence that should silence his opposing counsel.

19:18But to reveal it, first Browning is going to have to get the VCR connected to the TV. Still kneeling on the ground, Browning finally manages to untangle the cords and get everything connected. Static gives way to a black screen. And as Browning lifts himself off the floor, there's a knock on the door. Browning opens it and finds defense attorney Bailey standing in a three-piece suit. He looks Browning up and down with a smirk. Hey, Browning. What's with the dumb shoes? Browning glances down at his patent leather slip-ons and shakes his head. It didn't take Bailey a second to start in with the insults.

19:59Mr. Bailey, please come in. I was just getting the tape set up for our meeting. No, tapes aren't necessary. Look, you and I both know. It's in everyone's best interest that this whole thing doesn't go to trial. Well, I'm not sure who you mean by everyone. But please, grab a seat. I think we should watch the tape. We could both benefit from a sober perspective. All right, well, let's watch some movies. Browning walks over and hits play on the VCR. Soon, the two attorneys are watching black and white footage from a security camera. The defense attorney gives another cutting smirk. Well, we're all familiar with this incident.

20:37The very famous Patricia Hearst robbing a bank and waving a gun. What's the point? Well, as I watch this tape, I see that Miss Hurst is behaving purposefully, voluntarily. You could even say she's got verve. No, I wouldn't say that. And I bet you much more than your penny loafer shoes that I can get a jury on my side. Bailey, be reasonable. I mean, look at the footage. It's unambiguous. Patty Hurst is a gun-toting criminal. We're not going to drop the charges. That's not even on the table. But please offer me something. Is Hurst willing to enter into a plea deal? Nope, no plea. My client is not going to prison.

21:14Well, then what are we doing here? I'm not dropping charges, and you're not offering a plea. But you knew that when you walked in the door. Well, I am here to offer you something. If you lose this battle, this case, you could still win the bigger war. Oh, and what is that supposed to mean? It means cooperation. Drop the charges, and Ms. Hurst will testify for the government. You'll get a star witness against all those other lunatics awaiting trial. Browning considers the offer. Bill and Emily Harris, the other original members of the SLA, were recently arrested themselves. And Hurst would be an excellent witness.

21:50But it's not a good deal for the prosecution. I'm sorry, you expect me to let America's most famous fugitive walk away scot-free in exchange for testifying in other cases that we know we're going to win? The press would have a field day with it. Look, look, look. I know you're wanting to make a statement with this trial. Rich girl won't get away with it, not on your watch. But let me ask you, is the government really going to put a kidnapping victim on trial before he'd try her own kidnappers? Well, we're not denying Patricia Hurst was kidnapped. I believe Ms. Hurst is both a victim and a willful bank robber.

22:24It wasn't willful. She was coerced. Coerced? How many times could she have walked away? But she never did. She always chose to stay. Oh, you don't need a gun pointed at your head to know your life is on the line. I'm beginning to think that you government prosecutors don't know a thing about human nature. That's going to be your loss. Browning shakes his head. No, I know a thing or two about human nature. And bombings, hijackings, robberies, assassinations. Our country is falling apart and people like you are trying to write it all off, claiming everyone's a victim. Well, you know what? People need to be held responsible for the choices they make.

23:04and the public needs to see that their justice system functions properly. So no, I'm not dismissing charges. And no, I'm not taking a plea deal. The defense attorney grabs his bag and hops up, heading for the door. All right, well, looks like I'll see you in court. Oh, and about the proper functioning of the justice system, you were appointed by Nixon, right? Before Browning can respond, Bailey is out the door. Browning gets up and hits eject on the VCR. removing the tape. He was right. This meeting went exactly as he imagined. And Browning is glad he didn't cave. He could have gotten some value out of Hearst if she testified against Bill and Emily Harris.

23:45But Browning meant what he said. Hearst may be a wealthy heiress with a powerful family, but in America, even the rich and powerful still have to be held responsible for their crimes.