While it shares a lot of characteristics and story arcs as the original docuseries of the same name directed by Jean-Xavier de Lestrade, HBO Max’s The Staircase takes advantage of its status as a fictional series to explore the case in a new and interesting way, and this is most present in the final episode, called “America’s Sweetheart or: Time Over Time.”

The finale of HBO Max’s The Staircase doesn’t give you an answer

One thing The Staircase TV series makes immediately clear is that it doesn’t have an opinion nor a definitive answer on what happened that fateful night in December 2001. While the show focuses on facts when depicting the trial, using the original documentary series as the main source, HBO Max’s show just expands on theories about what happened and puts a focus on people who didn’t get as much attention in the docuseries, like the director himself, de Lestrade.  The show is told over different timelines, while it also reenacts a few possible theories about how Kathleen died—including that Kathleen fell down the stairs, that Michael pushed her in a horrible accident, and the infamous owl theory—without making any claims as to what the truth is. They are all horrifically possible and displayed in graphic and gory detail.  In the finale, the show forgets about the theories it presents in earlier episodes and instead focuses on the effect of the long case on the family, especially Michael. In 2017, Michael accepts the Alford plea deal in order to finish his sentence with time served. While Michael is against accepting the plea for quite some time, he eventually does, which means he pleads guilty according to the court’s ruling—admitting that there may be enough evidence to find him guilty, but not that he is guilty; he can still claim that he’s innocent.  Both in the show and in the docuseries depicting the real trial, Michael still wants to prove his innocence and never wavers on this, but he appears to grow tired of everything over the years and just wants it to be done. In HBO’s The Staircase, there’s no dramatic twist claiming that he’s guilty or innocent. Just like in real life, the show leaves it up to you to decide what you believe happened that night.  Yet, The Staircase does have one unexpected twist in the last episode. 

How does the finale of The Staircase end?

The end of the finale presents a sort of alternate reality conversation between Kathleen and Michael that is arguably the most important scene of the episode. Set on the night of her death in 2001, Kathleen gets a message from work. When she asks Michael to use his email, he convinces her to wait until the morning and sit with him outside. While Kathleen is sitting poolside with Michael, they have a conversation that can only happen in a fictional TV series, as the two begin to talk about their kids’ lives as adults in 2017.  While everything they talk about happens long after Kathleen’s death, she comments on Michael’s actions (or lack thereof) in regards to things like Margaret’s (Sophie Turner) divorce and discusses how well Martha (Odessa Young) is doing. As they talk, the show adds in shots of the kids in 2017. Almost as if she’s a ghost giving Michael guidance on how to move on after the plea deal, Kathleen says to Michael, “They’re all okay. You’ll be okay too.” HBO Max

Kathleen asks Michael why he never told her about his sexuality

The Staircase gives Kathleen a true voice, making her into a fully fleshed-out character, while the original docuseries gave little life to the woman whose death fueled the case. Of course, given how little proven information there is out there about Kathleen and Michael’s relationship before her death, there are definitely creative liberties taken in the HBO Max series. However, in the finale, the show’s choice to present Kathleen in such depth also allows her the chance to ask Michael a very important question.  After discussing the kids, Kathleen asks Michael why he didn’t tell her the truth about his sexuality. He says, “There was a moment where I knew who I was but it was just a moment … And then you came along, so far from that moment. It wasn’t a lie, it just wasn’t the whole thing. But what two people ever know each other, really? Most of it is just smoke and mirrors. People don’t actually know who they’re with.” Then there’s a shot in which Kathleen is shown yelling at Michael, visibly upset, but we can’t hear her. It’s unclear if this is part of the imaginary conversation or a memory. Like with the whole series, this conversation doesn’t attempt to answer anything about Kathleen and Michael’s relationship or what really happened. It’s just a deep look at the people involved in this story and what it meant to them.

What is the final shot of HBO Max’s The Staircase?

The final shot of The Staircase is the most mysterious part of the finale, and like the rest of the show, it’s up to you to decide what it all means. In 2017, Michael is in his new home, setting up pictures of Kathleen everywhere—with him, with the kids, and by herself. He’s trying to contact the kids on the phone but no one’s answering.  As Michael sits alone on his bed, the camera spins around to face him, slowly. Then it focuses on his face, and Michael’s eyes go to the camera, looking directly at the audience. His expression changes, and it’s hard to tell if it’s a smirk, a happy smile, regret, or something else—but that’s the whole point.  After fading to black, The Staircase reveals text that reads, “Despite the freedom to go anywhere, Michael never left Durham, NC. He still maintains his innocence in the death of Kathleen Atwater Peterson.” Next, have some time to kill? These are the 30 best true crime documentaries right now. 

How  The Staircase  Finale Differed From Real Life Documentary - 3