1
00:00:02,069 --> 00:00:05,604
by two separate
yet equally important groups:
2
00:00:05,606 --> 00:00:07,339
the police,
who investigate crime
3
00:00:07,341 --> 00:00:08,774
and the district attorneys
4
00:00:08,776 --> 00:00:10,209
who prosecute the offenders.
5
00:00:10,211 --> 00:00:11,477
These are their stories.
6
00:00:15,516 --> 00:00:17,316
Paul.
7
00:00:17,318 --> 00:00:19,284
I had your office
try you at home this morning.
8
00:00:19,286 --> 00:00:21,487
You're still asking
for a severance?
9
00:00:21,489 --> 00:00:23,155
Yeah, well, almost not,
10
00:00:23,157 --> 00:00:25,090
given the threats
my client received this weekend.
11
00:00:25,092 --> 00:00:26,492
Diane, we prepped
him for this.
12
00:00:26,494 --> 00:00:28,360
He wavers now, we're
right back where we started.
13
00:00:28,362 --> 00:00:29,862
Come on, he's a kid.
14
00:00:29,863 --> 00:00:31,363
Just the sight of these two
will be enough to freeze him.
15
00:00:31,365 --> 00:00:32,431
That's their right.
16
00:00:32,433 --> 00:00:34,450
To intimidate him?
17
00:00:34,451 --> 00:00:36,468
We requested separate
transport vans.
18
00:00:36,470 --> 00:00:40,239
Hopefully this thing
will be short and sweet.
19
00:00:55,523 --> 00:00:59,358
BAILIFF:
Docket #9357.
20
00:00:59,360 --> 00:01:03,095
Motion to sever defendant
Ryan M. Cutrona
21
00:01:03,097 --> 00:01:06,532
from co-defendants
Howard S. Metzler
22
00:01:06,534 --> 00:01:10,102
and Steven B. Hanauer.
23
00:01:10,104 --> 00:01:12,671
Why is there a motion to sever
in a gang rape case now?
24
00:01:12,673 --> 00:01:15,641
I'd like to get this trial
started, people.
25
00:01:15,643 --> 00:01:17,376
The more motions filed
on this case,
26
00:01:17,378 --> 00:01:20,279
the more press attention
it seems to get.
27
00:01:20,281 --> 00:01:21,680
Your Honor, due to what we feel
may be an overwhelming
28
00:01:21,682 --> 00:01:23,682
amount of evidence
against his co-defendants...
29
00:01:23,684 --> 00:01:25,250
What evidence?
30
00:01:25,252 --> 00:01:27,152
He's lying.
He's got nothing.
31
00:01:27,154 --> 00:01:28,554
He wants to save
his own ass.
32
00:01:28,556 --> 00:01:29,588
( gavel banging )
Order.
33
00:01:29,590 --> 00:01:31,323
Don't be stupid, okay?
34
00:01:31,325 --> 00:01:32,591
Don't be dead.
35
00:01:32,593 --> 00:01:34,326
( gavel bangs )
Order.
36
00:01:34,328 --> 00:01:35,561
We know what you did.
37
00:01:35,563 --> 00:01:37,429
Counsel?
You hear me, Ryan?
38
00:01:37,431 --> 00:01:39,565
I'll have your client contained.
Do you hear me?
39
00:01:39,567 --> 00:01:43,302
Look at me! Do you
hear me, Cutrona?! Huh?
40
00:01:43,304 --> 00:01:44,804
You hear me?!
41
00:01:44,805 --> 00:01:46,305
I want you to
know exactly...!
42
00:01:46,307 --> 00:01:48,640
Wait, Ryan. Don't...
Walk away!
43
00:01:48,642 --> 00:01:51,110
Walk away!
44
00:01:51,712 --> 00:01:53,278
( woman screams )
45
00:01:53,280 --> 00:01:55,647
( people shouting )
46
00:01:59,587 --> 00:02:02,654
OFFICER:
Face to the floor. Do it!
47
00:02:06,660 --> 00:02:10,729
Captioning sponsored by
NBC/UNIVERSAL
48
00:03:31,445 --> 00:03:33,512
Because I can't even get him
to sit in a damn chair,
49
00:03:33,514 --> 00:03:35,414
much less listen to
anything I have to say.
50
00:03:35,416 --> 00:03:37,716
A severance is not going
to do your client much good
51
00:03:37,718 --> 00:03:39,918
if he's facing
the exact same charges.
52
00:03:39,920 --> 00:03:41,286
Oh, for crying...
53
00:03:41,288 --> 00:03:42,854
The kid's terrified.
54
00:03:42,856 --> 00:03:44,423
I offered to lower the charges
55
00:03:44,425 --> 00:03:46,225
if he gave me
pertinent information.
56
00:03:46,227 --> 00:03:47,292
Okay, so where do we stand?
57
00:03:47,294 --> 00:03:48,493
I can prosecute
either way.
58
00:03:48,495 --> 00:03:51,296
with or without him,
but I'd have to guess
59
00:03:51,298 --> 00:03:52,864
from what happened
in court this morning
60
00:03:52,866 --> 00:03:54,399
that he's got something
of value,
61
00:03:54,401 --> 00:03:57,836
and I'd rather have the truth
than not.
Yeah.
62
00:03:57,838 --> 00:04:00,405
So let's set it up,
we'll take a run at him.
63
00:04:00,407 --> 00:04:03,342
LOGAN:
did you follow her for?
64
00:04:03,344 --> 00:04:05,510
A couple blocks.
65
00:04:05,512 --> 00:04:07,479
Did anybody
talk about it
66
00:04:07,481 --> 00:04:09,348
while you
followed her?
67
00:04:09,350 --> 00:04:12,818
We... really didn't think
he'd go through with it.
68
00:04:12,820 --> 00:04:16,388
LOGAN:
Why? You talked about it before?
69
00:04:16,390 --> 00:04:19,491
METZLER:
Yeah. Ryan said he wanted to.
70
00:04:19,493 --> 00:04:22,394
We just thought we'd set him up.
71
00:04:22,396 --> 00:04:24,930
He'd back off... get scared.
72
00:04:24,932 --> 00:04:26,431
That's not true.
73
00:04:26,433 --> 00:04:30,002
LOGAN:
at all? touch Miss De Vries
74
00:04:30,004 --> 00:04:31,737
We're clear
on that issue, Detective,
75
00:04:31,739 --> 00:04:33,872
My client stated
that he only watched.
76
00:04:33,874 --> 00:04:36,808
Did you want
to touch her?
77
00:04:36,810 --> 00:04:40,412
Ryan's the one
who got off.
78
00:04:43,917 --> 00:04:45,450
Hanauer's is worse.
79
00:04:45,452 --> 00:04:48,887
Says you begged them
to help you do someone.
80
00:04:48,889 --> 00:04:51,857
Says they even had
to stop you
81
00:04:51,859 --> 00:04:53,325
during the attack.
82
00:04:53,327 --> 00:04:55,327
I don't want to see it.
83
00:04:55,329 --> 00:04:57,362
It's just more lies.
84
00:04:57,364 --> 00:04:59,531
fill us in?
Why don't you
85
00:05:02,469 --> 00:05:04,036
I can't.
86
00:05:04,038 --> 00:05:05,504
Ryan, whatever
you're holding back
87
00:05:05,506 --> 00:05:07,406
must be damning enough
to scare them.
88
00:05:07,408 --> 00:05:09,541
They're counting on your fear
to protect themselves.
89
00:05:09,543 --> 00:05:11,977
I'll take
a lie detector test
90
00:05:11,979 --> 00:05:14,546
and prove that
I didn't do anything.
91
00:05:14,548 --> 00:05:16,982
That's not enough with
what your buddies
are telling us.
92
00:05:16,984 --> 00:05:21,053
Ryan, you're accused
of raping a woman.
93
00:05:22,923 --> 00:05:24,489
I'm 17.
94
00:05:24,491 --> 00:05:28,060
I don't have a record.
95
00:05:28,062 --> 00:05:30,429
You'll be tried
as an adult
96
00:05:30,431 --> 00:05:32,364
and any jury
that sees those tapes
97
00:05:32,366 --> 00:05:33,899
will send you up
98
00:05:33,901 --> 00:05:36,435
for a lot more time
than your buddies will do.
99
00:05:42,643 --> 00:05:44,943
You know he didn't
run point on this.
100
00:05:44,945 --> 00:05:46,845
I can't prosecute
on instincts.
101
00:05:46,847 --> 00:05:49,047
She had bruises
on her wrists and ankles.
102
00:05:49,049 --> 00:05:51,049
How many hands do you
think my client has?
103
00:05:51,051 --> 00:05:53,452
That's an interesting defense.
You plan to outprosecute me?
104
00:05:53,454 --> 00:05:55,954
Where are you
going to take this?
105
00:05:55,956 --> 00:05:59,024
I can only work with
what I have on hand,
106
00:05:59,026 --> 00:06:02,027
and if your client plans
to martyr himself
107
00:06:02,029 --> 00:06:03,829
with a heavier sentence,
that's not my problem.
108
00:06:03,831 --> 00:06:07,833
I'll go after the others
as hard as I do your client.
109
00:06:07,835 --> 00:06:09,835
DNA tests
on the semen samples
110
00:06:09,837 --> 00:06:11,837
are due in this afternoon.
111
00:06:11,839 --> 00:06:13,905
We'll talk
with you then.
112
00:06:15,008 --> 00:06:17,008
Because it's a game
to these kids, Adam,
113
00:06:17,010 --> 00:06:18,610
and I'm sure they were
the driving force.
114
00:06:18,612 --> 00:06:20,145
The Cutrona kid's
holding something.
115
00:06:20,147 --> 00:06:21,947
I have no idea what it is.
116
00:06:21,949 --> 00:06:25,384
Nothing out of the transcripts
from the victim?
117
00:06:25,386 --> 00:06:27,919
Her recollection has been shaky
at best.
118
00:06:27,921 --> 00:06:29,988
She's pretty much
repressed the whole event.
119
00:06:30,924 --> 00:06:33,692
She's what,
a reporter?
120
00:06:33,694 --> 00:06:34,860
Reporter?
121
00:06:34,862 --> 00:06:36,862
She does exploitive crap.
122
00:06:36,864 --> 00:06:39,431
All sizzle
and no steak.
123
00:06:39,433 --> 00:06:41,099
Where's that
coming from?
124
00:06:41,101 --> 00:06:43,935
I'm sorry, Adam,
but I have to be honest.
125
00:06:43,937 --> 00:06:46,438
I want to put away the scum
that raped her,
126
00:06:46,440 --> 00:06:49,074
but I don't have to embrace
her journalism,
127
00:06:49,076 --> 00:06:51,410
her lifestyle or her attitudes.
I don't like her,
128
00:06:51,412 --> 00:06:53,044
and I don't think a jury
will like her either.
129
00:06:53,046 --> 00:06:55,514
A tough case
without her on the stand.
130
00:06:55,516 --> 00:06:58,450
I wish that were
my only concern.
131
00:06:58,452 --> 00:07:00,986
I feel like we're hitting
baseballs in the dark.
132
00:07:00,988 --> 00:07:03,989
We've got enough with the tapes
and maybe the circumstantial
133
00:07:03,991 --> 00:07:07,526
to put someone away,
probably the wrong kid,
134
00:07:07,528 --> 00:07:09,961
which means that Metzler
and Hanauer's people
135
00:07:09,963 --> 00:07:11,963
will ask to be severed
from the Cutrona kid
136
00:07:11,965 --> 00:07:13,432
because he'll take the fall.
137
00:07:13,434 --> 00:07:15,434
Then they get suspended
or greatly reduced.
138
00:07:15,436 --> 00:07:17,035
Or maybe nothing.
139
00:07:18,071 --> 00:07:20,472
No match on the semen sample.
140
00:07:20,474 --> 00:07:22,341
On any of them?
141
00:07:22,342 --> 00:07:24,209
Oh, that could solve
our entire dilemma.
142
00:07:24,211 --> 00:07:25,177
We may be dead in the water.
143
00:07:25,179 --> 00:07:27,078
Possibly another
assailant.
144
00:07:27,080 --> 00:07:29,080
Never mentioned
by the others.
145
00:07:29,082 --> 00:07:31,583
She was foggy the first
few days on the numbers,
146
00:07:31,585 --> 00:07:33,652
but has since
said it was three.
147
00:07:33,654 --> 00:07:35,086
What about
a boyfriend?
148
00:07:35,088 --> 00:07:36,721
I'll check.
149
00:07:39,226 --> 00:07:41,393
Just a minute.
150
00:07:41,394 --> 00:07:43,561
Did she state whether
there was penetration
151
00:07:43,564 --> 00:07:44,996
during the rape?
152
00:07:44,998 --> 00:07:46,465
She's repressed it.
153
00:07:46,467 --> 00:07:47,966
Rape kit findings
at the hospital
154
00:07:47,968 --> 00:07:49,534
indicate there was.
155
00:07:49,536 --> 00:07:52,003
If there was no discharge
during the rape,
156
00:07:52,005 --> 00:07:55,173
it could be a boyfriend
previous night, that morning.
157
00:07:55,175 --> 00:07:57,108
Well, find out.
158
00:07:57,110 --> 00:08:00,245
Either way, we're hurt
without a DNA match.
159
00:08:00,247 --> 00:08:01,513
All right.
160
00:08:02,716 --> 00:08:04,516
Paul.
161
00:08:04,518 --> 00:08:07,519
We're, uh, thinking
of requisitioning you
162
00:08:07,521 --> 00:08:09,521
a flak jacket
for your birthday.
163
00:08:09,523 --> 00:08:11,022
Yeah. It's all over
the precinct.
164
00:08:11,024 --> 00:08:12,157
Last I heard
you what..?
165
00:08:12,159 --> 00:08:13,525
Single-handedly
disarmed the kid?
166
00:08:13,527 --> 00:08:15,227
Crushed the gun
with his bare hands.
167
00:08:15,229 --> 00:08:16,495
( whistles )
168
00:08:24,638 --> 00:08:26,671
Monica De Vries
have a boyfriend?
169
00:08:26,673 --> 00:08:28,640
Don't know.
Why, are you
in the market?
170
00:08:28,642 --> 00:08:31,243
How was she in the line-up?
171
00:08:32,679 --> 00:08:34,112
What do you mean?
172
00:08:34,114 --> 00:08:36,581
Her confidence?
173
00:08:36,583 --> 00:08:37,582
Not good.
174
00:08:37,584 --> 00:08:38,617
She wasn't clear.
175
00:08:38,619 --> 00:08:40,569
And the perps?
176
00:08:40,570 --> 00:08:42,520
was a giveaway-- nervous.
The young kid
177
00:08:42,523 --> 00:08:44,222
He'd never been in a line-up.
178
00:08:44,224 --> 00:08:47,592
Is this thing unraveling?
179
00:08:47,594 --> 00:08:51,296
There's no DNA match
on the semen samples.
180
00:08:51,298 --> 00:08:52,764
Oh, come on, that's crap.
181
00:08:52,765 --> 00:08:54,231
They bragged about it
all over the neighborhood.
182
00:08:54,232 --> 00:08:55,698
We got their confession
on tape.
183
00:08:55,702 --> 00:08:57,536
Conflicting.
184
00:08:57,538 --> 00:09:00,539
Yeah, well, still...
185
00:09:03,277 --> 00:09:05,110
So there's no match.
186
00:09:05,112 --> 00:09:07,679
That doesn't mean
she wasn't raped.
187
00:09:07,681 --> 00:09:10,282
What are you going to do?
188
00:09:10,284 --> 00:09:14,185
Hope she slept with someone
before the attack.
189
00:09:18,859 --> 00:09:21,226
Four in the last
half hour.
190
00:09:21,228 --> 00:09:23,328
Press thinks the case
may be slipping away.
191
00:09:23,330 --> 00:09:24,829
How do you think they'd react
192
00:09:24,831 --> 00:09:26,298
if they sensed the opportunity
193
00:09:26,300 --> 00:09:27,799
to publicly fry
one of their own?
194
00:09:27,801 --> 00:09:29,267
Meaning what?
195
00:09:29,269 --> 00:09:32,804
Advance copy
of tomorrow's Ledger.
196
00:09:35,709 --> 00:09:37,142
This backed up?
197
00:09:37,144 --> 00:09:39,144
They know
she's got a record.
198
00:09:39,146 --> 00:09:40,212
A five-year-old bust.
199
00:09:40,213 --> 00:09:41,279
She was there
to research her story.
200
00:09:41,281 --> 00:09:43,682
Can't we counter
with a statement?
201
00:09:43,684 --> 00:09:45,684
Like what?
202
00:09:45,686 --> 00:09:48,687
Everybody past fifth grade
should understand relevance?
203
00:09:48,689 --> 00:09:51,256
Reasonable doubt
in the mind of a jury.
204
00:09:51,258 --> 00:09:52,757
The defense will run with it.
205
00:09:53,894 --> 00:09:56,294
One drug arrest five years ago.
206
00:09:56,296 --> 00:09:58,163
It's like another lifetime.
207
00:09:58,165 --> 00:10:00,165
But now, because
it's on page six,
208
00:10:00,167 --> 00:10:02,167
I can be raped without penalty.
209
00:10:02,169 --> 00:10:04,636
It's not a question
of abstract application
210
00:10:04,638 --> 00:10:06,738
of the law, Miss De Vries.
It is perception.
211
00:10:06,740 --> 00:10:08,907
We're dealing with
the collective minds
212
00:10:08,909 --> 00:10:10,909
and morals of a jury.
213
00:10:10,911 --> 00:10:13,144
And often it's just a question
of cause and effect.
214
00:10:13,146 --> 00:10:14,613
What was she doing
down there?
215
00:10:14,615 --> 00:10:16,147
Why was she dressed
like that?
216
00:10:16,149 --> 00:10:17,649
And... what's her background?
217
00:10:17,651 --> 00:10:18,917
Jurors are not computers.
218
00:10:18,919 --> 00:10:20,885
These things do have
an impact on them.
219
00:10:20,887 --> 00:10:24,322
Maybe they'd like to check
between my toes for needle marks
220
00:10:24,324 --> 00:10:26,291
before they rule.
221
00:10:26,293 --> 00:10:27,392
I'll pass.
222
00:10:27,394 --> 00:10:29,894
I've already been
bent over once.
223
00:10:35,268 --> 00:10:38,236
Unfortunately, we can
no longer prosecute
224
00:10:38,238 --> 00:10:40,205
without you on the stand.
225
00:10:40,207 --> 00:10:44,643
You told me you had no problem
with me being off the stand--
226
00:10:44,645 --> 00:10:46,678
that the drug arrest
might cloud the issue.
227
00:10:46,680 --> 00:10:48,279
And in a perfect
world, it would,
228
00:10:48,281 --> 00:10:50,415
but your friends in the fourth
estate have taken that choice
229
00:10:50,417 --> 00:10:51,383
out of our hands.
230
00:10:51,385 --> 00:10:53,652
Plus, we didn't
get a match
231
00:10:53,654 --> 00:10:55,220
on the DNA tests.
232
00:10:55,222 --> 00:10:57,355
What?!
Do you have
a boyfriend?
233
00:10:57,357 --> 00:10:59,724
Someone you might have slept
with before the attack?
234
00:10:59,726 --> 00:11:02,427
What the hell does that matter?
235
00:11:02,429 --> 00:11:04,329
Does that mean I wasn't raped?
236
00:11:04,331 --> 00:11:06,665
The defense will probably
ask for a blood sample.
237
00:11:06,667 --> 00:11:09,668
What, from every guy they think
I might have had sex with?
238
00:11:09,670 --> 00:11:11,970
Monica, I don't want
to diminish the rape,
239
00:11:11,972 --> 00:11:13,238
but you're a reporter.
240
00:11:13,240 --> 00:11:14,873
Try processing the facts.
241
00:11:14,875 --> 00:11:18,243
If it's the system you abhor,
make a decision.
242
00:11:18,245 --> 00:11:20,311
Do you want these people
who violated you
243
00:11:20,313 --> 00:11:22,347
to walk uncontested?
244
00:11:22,349 --> 00:11:24,816
No one in this room
245
00:11:24,818 --> 00:11:28,353
has the ability to redesign
the entire railroad.
246
00:11:28,355 --> 00:11:32,323
So I should just lash myself
to the front of the train?
247
00:11:32,325 --> 00:11:34,325
Make my peers really happy.
248
00:11:34,327 --> 00:11:36,895
Give them a lot to write about.
249
00:11:36,897 --> 00:11:39,164
You think
this is enough newsprint
250
00:11:39,166 --> 00:11:41,466
dedicated to one rape
investigation?
251
00:11:41,468 --> 00:11:43,201
Everything but my name.
252
00:11:43,203 --> 00:11:44,736
How polite of them.
253
00:11:44,738 --> 00:11:46,171
I think
there's enough newsprint,
254
00:11:46,173 --> 00:11:47,372
that if you don't testify,
255
00:11:47,374 --> 00:11:49,174
you're sending a very
a dangerous message
256
00:11:49,176 --> 00:11:50,275
to the women of this city.
257
00:11:50,277 --> 00:11:52,277
That a rape victim's
chances
258
00:11:52,279 --> 00:11:54,179
for justice
are so slim,
259
00:11:54,181 --> 00:11:57,315
she might as well
not even press charges.
260
00:11:57,317 --> 00:12:00,285
You are a public figure.
261
00:12:00,287 --> 00:12:02,420
People do watch what you do.
262
00:12:02,422 --> 00:12:05,223
It's difficult
for any woman.
263
00:12:05,225 --> 00:12:08,393
I'd be lying to myself if I
thought it was easier for you.
264
00:12:08,395 --> 00:12:11,262
Testifying might be
265
00:12:11,264 --> 00:12:13,465
the only way to counter this.
266
00:12:19,873 --> 00:12:23,875
The Post, the Times,
everything to Vanity Fair.
267
00:12:23,877 --> 00:12:25,276
She's right.
268
00:12:25,278 --> 00:12:26,511
Everybody's taken a shot.
269
00:12:26,513 --> 00:12:28,513
She's not named,
but she's well-known enough
270
00:12:28,515 --> 00:12:33,284
so that the description
does just as much damage.
271
00:12:33,286 --> 00:12:35,286
Who provided
the most coverage?
272
00:12:35,288 --> 00:12:36,421
The Post.
273
00:12:36,423 --> 00:12:38,523
You know anyone
over there?
274
00:12:38,525 --> 00:12:40,525
One or two people. Why?
275
00:12:40,527 --> 00:12:44,262
We need as much background
on her as possible.
276
00:12:44,264 --> 00:12:46,264
You think
she's still using?
277
00:12:46,266 --> 00:12:48,833
If she is,
I'd like to know
278
00:12:48,835 --> 00:12:52,003
before the rest
of the world does.
279
00:12:52,005 --> 00:12:53,505
Thank you.
280
00:12:54,441 --> 00:12:57,275
Lunch? Thanks a lot.
281
00:12:57,277 --> 00:13:01,980
Look, the bottom line is,
nobody's gone too far.
282
00:13:01,982 --> 00:13:04,415
Every news source in town
has practically I.D.'d her.
283
00:13:04,417 --> 00:13:05,917
No more than any other
rape victim.
284
00:13:05,919 --> 00:13:08,319
A well-known investigative
reporter for local TV
285
00:13:08,321 --> 00:13:10,922
whose oft-criticized style
of sensational exploitive
coverage...?
286
00:13:10,924 --> 00:13:12,457
Listen, listen, man.
287
00:13:12,459 --> 00:13:15,460
She's a local minor celebrity;
people want to follow the case.
288
00:13:15,462 --> 00:13:17,462
And the need to read
drives the press
289
00:13:17,464 --> 00:13:19,297
to print speculations
like a drug habit?
290
00:13:19,299 --> 00:13:20,799
Can I put it this way?
Nobody I know
291
00:13:20,801 --> 00:13:22,934
is afraid
of a civil suit for libel.
292
00:13:22,936 --> 00:13:25,403
She says she's clean.
293
00:13:25,404 --> 00:13:27,871
Plus, I talked to her producers.
They verified the assignment.
294
00:13:27,874 --> 00:13:30,275
Her producers?
What are they going to say?
295
00:13:30,277 --> 00:13:31,543
She's a commodity, man.
296
00:13:31,545 --> 00:13:33,945
You think
they're going to burn her?
297
00:13:33,947 --> 00:13:35,513
But her peers will?
298
00:13:35,515 --> 00:13:39,317
Her peers? Maybe her peers think
she got what she deserved.
299
00:13:39,319 --> 00:13:41,019
Why? Because they think
she was buying
300
00:13:41,021 --> 00:13:42,854
or because they think
she's a bitch?
301
00:13:42,856 --> 00:13:48,493
Look, I'm not here
to make any accusations,
302
00:13:48,495 --> 00:13:51,496
but if you listen to what
the hallway rumors are,
303
00:13:51,498 --> 00:13:54,566
that's what
she was down there for.
304
00:13:58,471 --> 00:14:01,372
were there, Miss De Vries?
How many assailants
305
00:14:01,374 --> 00:14:02,473
There were three.
306
00:14:02,475 --> 00:14:04,342
And did all three of these men
307
00:14:04,344 --> 00:14:06,477
attempt to engage in
sexual acts with
you on that day?
308
00:14:06,479 --> 00:14:07,946
I think so.
309
00:14:07,948 --> 00:14:09,480
And you originally
told police
310
00:14:09,482 --> 00:14:11,482
that there may have been
as many as five assailants.
311
00:14:11,484 --> 00:14:12,483
Is that not true?
312
00:14:12,485 --> 00:14:14,185
I was confused.
313
00:14:14,186 --> 00:14:15,886
that you were traumatized,
And the hospital reports
314
00:14:15,889 --> 00:14:17,355
trauma-induced amnesia.
and suffering from
315
00:14:17,357 --> 00:14:18,356
Is that correct?
316
00:14:18,358 --> 00:14:19,357
Yes, that's right.
317
00:14:19,359 --> 00:14:20,491
You remember now.
318
00:14:20,493 --> 00:14:21,837
Yes.
319
00:14:21,838 --> 00:14:23,182
Remember the day
and the time of day,
Yes.
320
00:14:23,183 --> 00:14:24,527
how warm it was.
So warm that it made you
321
00:14:24,531 --> 00:14:26,130
want to take your jacket off.
322
00:14:26,132 --> 00:14:28,533
You remember the stoop
they forced you under,
323
00:14:28,535 --> 00:14:31,502
screaming for help
and begging for mercy.
324
00:14:31,504 --> 00:14:32,937
Yes, that's right.
And yet you
cannot remember
325
00:14:32,939 --> 00:14:34,505
how many men tried
to have sex with you.
326
00:14:34,507 --> 00:14:36,507
That's not the same thing.
327
00:14:36,508 --> 00:14:38,508
Did any of these men try
to have sex with you?
Yes, damn it!
328
00:14:38,511 --> 00:14:40,612
Fine, then will you submit
to a drug test Miss De Vries?
329
00:14:40,614 --> 00:14:42,580
What the hell is going on?!
330
00:14:42,582 --> 00:14:44,148
And at that point,
I'd jump up
331
00:14:44,150 --> 00:14:46,417
and yell "Objection."
332
00:14:46,419 --> 00:14:49,053
And then what would happen?
333
00:14:49,055 --> 00:14:51,306
I'd argue relevance.
334
00:14:51,307 --> 00:14:53,558
The defense would state
that you were there to buy drugs
335
00:14:53,560 --> 00:14:56,895
or already under
the influence of them,
336
00:14:56,897 --> 00:15:00,031
thus your recall
or your actions
337
00:15:00,033 --> 00:15:04,469
were radically different
from what we're stating.
338
00:15:04,471 --> 00:15:07,038
And you would say...?
339
00:15:07,040 --> 00:15:09,474
I don't know.
340
00:15:09,476 --> 00:15:11,643
Why don't you tell me?
341
00:15:13,580 --> 00:15:15,046
Word has it,
342
00:15:15,048 --> 00:15:18,182
your habit is not as old
as you'd like to think.
343
00:15:20,487 --> 00:15:23,922
I was not high.
344
00:15:32,198 --> 00:15:34,632
Okay. That's a start.
345
00:15:43,143 --> 00:15:45,443
Were you there to buy drugs?
346
00:15:45,445 --> 00:15:48,546
I was raped.
347
00:15:48,548 --> 00:15:51,482
What the hell difference does it
make why I was down there?
348
00:15:51,484 --> 00:15:54,335
It doesn't.
349
00:15:54,336 --> 00:15:57,187
I don't care if you were there
to buy a nuclear bomb.
350
00:15:57,190 --> 00:15:59,490
You are not on trial.
351
00:15:59,492 --> 00:16:02,493
But I cannot prosecute
effectively
352
00:16:02,495 --> 00:16:06,130
if I have to worry
what's around every corner.
353
00:16:13,139 --> 00:16:17,108
I asked them if they had
any coke for sale.
354
00:16:17,110 --> 00:16:18,643
Them?
355
00:16:18,645 --> 00:16:20,411
The boys who raped you?
356
00:16:20,413 --> 00:16:22,413
It was for the story...
357
00:16:22,415 --> 00:16:24,649
to check on availability.
358
00:16:34,027 --> 00:16:36,728
Hurts us
that she initiated contact.
359
00:16:36,730 --> 00:16:39,564
Defense will state
it could have been a come-on.
360
00:16:39,566 --> 00:16:41,566
That's a beatable
361
00:16:41,568 --> 00:16:43,668
if the jury buys
that her request for coke
362
00:16:43,670 --> 00:16:44,769
was research.
363
00:16:44,771 --> 00:16:46,204
Do you?
364
00:16:46,206 --> 00:16:48,006
No, but I don't have
any choice.
365
00:16:48,008 --> 00:16:50,008
It's her memory I'm
concerned about now.
366
00:16:50,010 --> 00:16:54,579
Her recollection on a lot of
the details did feel co-mingled.
367
00:16:54,581 --> 00:16:56,581
Could have been culled
from the papers.
368
00:16:56,583 --> 00:16:59,450
Yeah, too good on some,
nonexistent on others.
369
00:16:59,452 --> 00:17:01,019
She remembered that she
scratched someone.
370
00:17:01,021 --> 00:17:02,587
That her actual memory?
371
00:17:02,589 --> 00:17:06,591
"I remember clawing
at a sweaty face."
372
00:17:06,593 --> 00:17:09,060
Police report
does not list scratches
373
00:17:09,062 --> 00:17:10,595
on any of the accused,
374
00:17:10,597 --> 00:17:13,631
and there was no tissue
under her fingernails.
375
00:17:13,633 --> 00:17:16,034
And the Post and another paper
both described that
376
00:17:16,036 --> 00:17:17,235
in portrayal pieces.
377
00:17:19,205 --> 00:17:22,607
She hadn't talked
to any reporters.
378
00:17:22,609 --> 00:17:26,077
They took license,
did not present as fact
379
00:17:26,079 --> 00:17:29,080
and she latched on to that.
380
00:17:29,082 --> 00:17:31,616
Do you think
it was a conscious attempt?
381
00:17:31,618 --> 00:17:33,184
My best guess, no.
382
00:17:33,186 --> 00:17:35,186
I'd say that she's
filling in the blanks
383
00:17:35,188 --> 00:17:37,655
and what better source
than news accounts?
384
00:17:38,758 --> 00:17:41,826
Makes her a liability
on the stand.
385
00:17:41,828 --> 00:17:45,797
Which means we'd better find
out, one way or the other.
386
00:17:49,702 --> 00:17:51,202
At this point, she had
387
00:17:51,204 --> 00:17:53,271
no recollection
of the event at all?
388
00:17:53,273 --> 00:17:54,806
Well, she knew what
had happened to her,
389
00:17:54,808 --> 00:17:57,175
but only because
she'd been told,
390
00:17:57,177 --> 00:17:59,610
and she was still
in physical pain.
391
00:17:59,612 --> 00:18:01,712
Any rule of thumb
392
00:18:01,714 --> 00:18:03,714
on how much
usually comes back?
393
00:18:03,716 --> 00:18:06,084
It differs case to case.
394
00:18:06,086 --> 00:18:07,585
Best-hope scenario?
395
00:18:07,587 --> 00:18:10,755
Usually the mind
will only go so far.
396
00:18:10,757 --> 00:18:13,691
It'll fill in
the areas of information
397
00:18:13,693 --> 00:18:15,710
around the assault,
398
00:18:15,711 --> 00:18:17,728
but, uh, it won't go
all the way back
399
00:18:17,730 --> 00:18:19,664
into the pain.
400
00:18:19,666 --> 00:18:22,233
Thanks.
401
00:18:22,235 --> 00:18:25,236
If we put her
on the stand now,
they'll shred us.
402
00:18:27,107 --> 00:18:29,640
I don't know.
403
00:18:29,642 --> 00:18:31,642
Public hears dismissal,
404
00:18:31,644 --> 00:18:33,544
they think
the case has been dropped.
405
00:18:33,546 --> 00:18:36,347
We'll be editorialized
from hell to breakfast.
406
00:18:36,349 --> 00:18:38,716
I'll refile soon as
something breaks.
407
00:18:38,718 --> 00:18:41,285
Yeah, well, they won't let you
finish the sentence.
408
00:18:41,287 --> 00:18:45,123
The press hears dismissal,
that's it.
409
00:18:45,125 --> 00:18:46,824
Well, then
you tell me
what to do.
410
00:18:46,826 --> 00:18:49,360
Judicial calendar
has already been announced.
411
00:18:49,362 --> 00:18:51,629
Who did you draw?
Scanlon.
412
00:18:51,631 --> 00:18:54,265
Tough on rape.
Could have done worse.
413
00:18:54,267 --> 00:18:57,668
Adam, she had poor recall
in the mock cross,
414
00:18:57,670 --> 00:19:01,272
and her own doctor doubts
the details have returned.
415
00:19:01,274 --> 00:19:04,275
That, combined with
the drug use rumor,
416
00:19:04,277 --> 00:19:05,877
the fact that
she asked about coke--
417
00:19:05,879 --> 00:19:07,345
whether it was
research or not--
418
00:19:07,347 --> 00:19:08,746
puts her in a
pretty negative light.
419
00:19:08,748 --> 00:19:10,681
What about the gun charge
on Metzler?
420
00:19:10,683 --> 00:19:12,416
Criminal possession,
third degree.
421
00:19:12,418 --> 00:19:14,101
He never even fired it.
422
00:19:14,102 --> 00:19:15,785
He had intent,
but with three
court officers
423
00:19:15,788 --> 00:19:17,822
wresting for control...
That's an "E" felony.
424
00:19:17,824 --> 00:19:19,590
Would you rather let him walk?
425
00:19:19,592 --> 00:19:21,192
It's his first offense.
426
00:19:21,194 --> 00:19:23,261
They'll plead to a
class "A" misdemeanor.
427
00:19:23,263 --> 00:19:25,429
He'll walk, and then we'll
really look desperate.
428
00:19:25,431 --> 00:19:27,431
We'll hold it.
429
00:19:27,433 --> 00:19:29,634
We'll tack it on the rape
if we get it.
430
00:19:29,636 --> 00:19:31,669
All right, you just
do me the favor,
431
00:19:31,671 --> 00:19:33,838
and you go as fast
as you can to reopen.
432
00:19:33,840 --> 00:19:36,274
We'll get Greevey and Logan
back on the investigation,
433
00:19:36,276 --> 00:19:38,709
and they'll find evidence
to open up the Cutrona kid.
434
00:19:38,711 --> 00:19:41,162
It lies with him.
435
00:19:41,163 --> 00:19:43,614
Somebody's got to talk
to Monica De Vries.
436
00:19:43,616 --> 00:19:46,617
STONE:
If we go into trial
now and we lose
437
00:19:46,619 --> 00:19:49,787
we cannot go after
them again, ever.
438
00:19:54,727 --> 00:19:56,727
You asked me what
I thought the odds were.
439
00:19:56,729 --> 00:19:58,729
I'm giving you
a fair assessment.
440
00:19:58,731 --> 00:20:01,465
It will be swept
into some pending file.
441
00:20:01,467 --> 00:20:02,900
ROBINETTE:
Monica, we're not
dropping the case.
442
00:20:02,902 --> 00:20:05,903
Oh, and we'll have a better
chance two months from now?
443
00:20:05,905 --> 00:20:09,240
Hopefully we can go in
with more substantive evidence.
444
00:20:09,242 --> 00:20:11,342
What more could you possibly
need? They've confessed.
445
00:20:11,344 --> 00:20:14,478
I need you on the stand,
and I can't put you there.
446
00:20:14,480 --> 00:20:17,215
I agreed, for God's sake.
447
00:20:17,217 --> 00:20:18,749
You don't remember.
448
00:20:18,751 --> 00:20:20,351
What?
449
00:20:20,353 --> 00:20:21,886
You don't remember
the events.
450
00:20:21,888 --> 00:20:25,756
Your mind has picked up on a
mixture of facts and speculation
451
00:20:25,758 --> 00:20:27,358
from the news media,
and blended them together
452
00:20:27,360 --> 00:20:28,893
into something
that you believe.
453
00:20:28,895 --> 00:20:31,229
But if I put you on the stand,
454
00:20:31,231 --> 00:20:32,496
any defense attorney
in this city
455
00:20:32,498 --> 00:20:36,367
will blow enough holes
in that case to bury us.
456
00:20:36,369 --> 00:20:38,703
What matters
is that they did it.
457
00:20:38,705 --> 00:20:41,973
Yes, that matters, but the three
of us knowing that in this room,
458
00:20:41,975 --> 00:20:45,977
is not a substitute for proof,
and I do intend to prove
459
00:20:45,979 --> 00:20:48,779
that you were raped
by these suspects.
460
00:20:52,518 --> 00:20:56,254
Docket #9357:
461
00:20:56,256 --> 00:20:58,256
Motion to dismiss
462
00:20:58,258 --> 00:21:03,261
in People v. Howard S. Metzler,
Steven B. Hanauer,
463
00:21:03,263 --> 00:21:05,263
Ryan M. Cutrona.
464
00:21:05,265 --> 00:21:07,331
Mr. Robinette?
465
00:21:07,333 --> 00:21:12,336
Your Honor, with respect
to the people's motion,
466
00:21:12,338 --> 00:21:14,805
I'd like to reiterate
the state's intention
467
00:21:14,807 --> 00:21:16,974
to reopen this case
on such a date
468
00:21:16,976 --> 00:21:19,343
when further evidence
is obtained.
469
00:21:19,345 --> 00:21:22,280
Otherwise, the people's position
is clearly stated
470
00:21:22,282 --> 00:21:24,048
in the papers filed earlier.
471
00:21:24,050 --> 00:21:28,286
Your comments are so noted,
Mr. Robinette.
472
00:21:28,288 --> 00:21:33,291
Case #9357 is dismissed.
473
00:21:33,293 --> 00:21:35,293
Defendants are free to go.
474
00:21:35,295 --> 00:21:37,361
( gavel pounding )
475
00:21:46,839 --> 00:21:47,905
Whoo!
476
00:21:53,579 --> 00:21:55,046
Whoo!
477
00:22:04,924 --> 00:22:07,625
I'd just like to get this case
back up and running
478
00:22:07,627 --> 00:22:09,960
as quickly as possible.
If it sits,
479
00:22:09,962 --> 00:22:11,896
we run the risk
of it collapsing completely,
480
00:22:11,898 --> 00:22:13,497
and this case
is not un-winnable.
481
00:22:13,499 --> 00:22:14,799
Now, now wait a minute.
482
00:22:14,801 --> 00:22:15,966
We gave you enough
to prosecute.
483
00:22:15,968 --> 00:22:17,768
We're not the ones
who blew this thing.
484
00:22:17,770 --> 00:22:19,320
This is not
an assessment of blame.
485
00:22:19,321 --> 00:22:20,871
It's a petition to put the case
back together.
486
00:22:20,873 --> 00:22:23,674
We've got a victim who is
co-mingling fact and fiction,
487
00:22:23,676 --> 00:22:25,076
and our defendant
488
00:22:25,077 --> 00:22:26,477
who is holding back
relevant information.
489
00:22:26,479 --> 00:22:28,012
So how do we get the truth?
490
00:22:28,014 --> 00:22:30,014
You made the motion
to dismiss.
491
00:22:30,016 --> 00:22:31,782
You got any ideas?
492
00:22:31,784 --> 00:22:34,819
No, I don't have any ideas;
that's why I'm here!
493
00:22:34,821 --> 00:22:36,721
All right, fellas, could we
please hold this down
494
00:22:36,723 --> 00:22:37,955
to a dull head stomp?
495
00:22:37,957 --> 00:22:39,657
We're thin.
496
00:22:39,659 --> 00:22:42,059
It's obvious they're holding
something back.
497
00:22:42,061 --> 00:22:43,527
And if we weren't confident
498
00:22:43,528 --> 00:22:44,994
that you could provide
that something for us,
499
00:22:44,997 --> 00:22:46,831
we would have taken our shots
with the jury.
500
00:22:46,833 --> 00:22:50,468
And as for suggestions,
I don't have any ideas.
501
00:22:50,470 --> 00:22:52,903
We weren't able to leverage
Hanauer or Metzler,
502
00:22:52,905 --> 00:22:55,106
and the younger kid
is not forthcoming.
503
00:22:55,108 --> 00:22:56,841
He's not going to give it up
504
00:22:56,843 --> 00:22:59,110
now that the case
has been dismissed.
505
00:22:59,112 --> 00:23:02,079
But if you guys
can find a back door...
506
00:23:02,081 --> 00:23:05,116
Well, maybe we press
the two older kids--
507
00:23:05,118 --> 00:23:08,586
work some kind
of a play on them.
508
00:23:10,623 --> 00:23:13,624
We'll backtrack
through our notes--
509
00:23:13,626 --> 00:23:15,659
see what pops up.
510
00:23:17,029 --> 00:23:20,030
All right, three weeks.
511
00:23:20,032 --> 00:23:22,066
That's all I can afford
with their case load.
512
00:23:22,068 --> 00:23:24,535
Thanks.
513
00:23:26,139 --> 00:23:27,571
Personal effects.
514
00:23:27,573 --> 00:23:28,706
Monica De Vries.
515
00:23:28,708 --> 00:23:30,074
She never picked them up.
516
00:23:30,076 --> 00:23:31,509
Never will
either.
517
00:23:31,511 --> 00:23:33,577
Reminds her too much.
518
00:23:33,579 --> 00:23:35,713
I can't say as
I blame her.
519
00:23:35,715 --> 00:23:37,848
Mind if I borrow this?
520
00:23:37,850 --> 00:23:39,850
Oh, no, Paul.
521
00:23:39,852 --> 00:23:41,152
We have our own.
522
00:23:46,125 --> 00:23:47,725
All right.
523
00:23:47,727 --> 00:23:50,861
"They stopped here
around 3:15 in the afternoon.
524
00:23:50,863 --> 00:23:53,130
"They forced her down
under that stoop.
525
00:23:53,132 --> 00:23:55,633
"General disagreement
on who said what.
526
00:23:55,635 --> 00:23:57,535
"Blouse was ripped off.
527
00:23:57,537 --> 00:23:59,069
"Jacket pulled up
to hold her arms
until it rips.
528
00:23:59,071 --> 00:24:02,072
"Slight shoulder dislocation
during struggle.
529
00:24:02,074 --> 00:24:05,843
The... "
Well... well, now we get
into big discrepancy
530
00:24:05,845 --> 00:24:09,780
as to who was actually
on top... of her.
531
00:24:09,782 --> 00:24:13,584
E.R. report--
"multiple attackers."
532
00:24:13,586 --> 00:24:16,587
How many of these buildings
did we canvass?
533
00:24:16,589 --> 00:24:17,988
We canvassed both sides.
534
00:24:17,990 --> 00:24:19,540
The whole block.
535
00:24:19,541 --> 00:24:21,091
Came up with nothing.
No witnesses.
536
00:24:21,093 --> 00:24:22,993
Just a lot of listeners.
537
00:24:22,995 --> 00:24:24,995
The post-Kitty Genovese era.
538
00:24:24,997 --> 00:24:26,997
No one wants to look--
they think they'll get involved.
539
00:24:26,999 --> 00:24:29,066
This building
and the one next to it--
540
00:24:29,068 --> 00:24:33,604
weren't there a couple of
apartments we never got?
541
00:24:35,141 --> 00:24:36,607
Yeah.
542
00:24:36,609 --> 00:24:37,875
#1-B right here.
543
00:24:37,877 --> 00:24:39,076
Fifth, sixth
and eleventh.
544
00:24:39,078 --> 00:24:40,811
Left notes each time.
545
00:24:40,813 --> 00:24:42,213
Upstairs same thing.
546
00:24:42,215 --> 00:24:45,115
( sighs ):
Good a place as any.
547
00:24:45,117 --> 00:24:47,885
It's about the rape
that happened out front.
548
00:24:47,887 --> 00:24:49,019
I was gone.
549
00:24:49,021 --> 00:24:51,789
Upstate at my sister's.
550
00:24:51,791 --> 00:24:53,123
Did you hear anything
from any of the neighbors
551
00:24:53,125 --> 00:24:54,625
about that day?
552
00:24:54,627 --> 00:24:56,126
You still haven't caught them?
553
00:24:56,128 --> 00:25:00,197
LOGAN:
Hey, Max, let me get in here,
let me get in here.
554
00:25:00,199 --> 00:25:01,932
Yes, ma'am, we have.
555
00:25:01,934 --> 00:25:03,801
We're just following up.
556
00:25:03,803 --> 00:25:05,486
We were wondering, you know,
557
00:25:05,487 --> 00:25:07,170
did you hear anything since
then, you know, talk, rumors?
558
00:25:07,173 --> 00:25:09,106
I don't go out.
559
00:25:09,108 --> 00:25:11,108
This is as far out
in the world as I go
560
00:25:11,110 --> 00:25:12,610
without my son.
561
00:25:12,612 --> 00:25:13,844
( door slams, lock clicks )
562
00:25:13,846 --> 00:25:16,146
You'd better believe
I wasn't at home.
563
00:25:16,148 --> 00:25:17,748
20 hours of labor.
564
00:25:17,750 --> 00:25:19,717
Besides, I called.
565
00:25:19,719 --> 00:25:22,019
I left a message
at the number you left.
566
00:25:22,021 --> 00:25:24,622
We never got it.
567
00:25:24,624 --> 00:25:26,056
What a surprise.
568
00:25:26,058 --> 00:25:28,158
Miss Varella, was there
any talk in the building
569
00:25:28,160 --> 00:25:30,160
about what people
heard or saw?
570
00:25:30,162 --> 00:25:31,996
Yeah, there were more people
here in one weekend
571
00:25:31,998 --> 00:25:33,898
than I've talked to
in two years.
572
00:25:33,900 --> 00:25:35,900
How come you only
arrested three?
573
00:25:35,902 --> 00:25:37,801
Why? Did you think
there was more?
574
00:25:37,803 --> 00:25:41,138
Guy down in C, Silva,
heard the whole thing.
575
00:25:41,140 --> 00:25:42,973
Said it was
six or seven?
576
00:25:42,975 --> 00:25:46,844
Well, wasn't it?
577
00:25:46,846 --> 00:25:49,179
I heard the case
was dismissed.
578
00:25:49,181 --> 00:25:51,782
That doesn't mean
it's closed.
579
00:25:51,784 --> 00:25:54,985
Did you hear the rape,
Mr. Silva?
580
00:25:54,987 --> 00:25:56,220
Most of it.
581
00:25:56,222 --> 00:26:00,257
Although I wasn't sure
of what was going on.
582
00:26:00,259 --> 00:26:03,894
I mean, this street...
583
00:26:03,896 --> 00:26:05,195
Didn't we talk to you?
584
00:26:05,197 --> 00:26:07,231
We got a statement down
from you.
585
00:26:07,233 --> 00:26:10,935
I said that I was gone.
586
00:26:12,305 --> 00:26:18,175
I was going through something
with a friend of mine.
587
00:26:18,177 --> 00:26:21,245
I didn't want him to know
I was here.
588
00:26:22,915 --> 00:26:25,182
You didn't call 911
during the attack?
589
00:26:25,184 --> 00:26:27,318
I wasn't sure at first.
590
00:26:27,320 --> 00:26:30,988
Uh, I know
I was wrong not to.
591
00:26:30,990 --> 00:26:33,824
These kids live
around here.
592
00:26:33,826 --> 00:26:38,195
You know how much bashing
goes on on this block?
593
00:26:38,197 --> 00:26:42,232
Besides, I heard
you were making arrests, so...
594
00:26:42,234 --> 00:26:45,002
How many people did you hear?
595
00:26:45,004 --> 00:26:48,272
I thought I might
have heard, uh, five.
596
00:26:51,210 --> 00:26:56,747
I... I, uh... I guess
I might have heard three.
597
00:26:56,749 --> 00:26:59,116
I tell you,
it's more of a mess now
598
00:26:59,118 --> 00:27:01,118
than it was
two months ago.
599
00:27:01,120 --> 00:27:02,219
People don't know
what they heard,
600
00:27:02,221 --> 00:27:03,988
what they saw,
what they didn't see,
601
00:27:03,990 --> 00:27:05,255
what they heard
on the news,
602
00:27:05,257 --> 00:27:06,890
what they heard
on the street,
603
00:27:06,892 --> 00:27:08,225
what they heard
in the newspapers...
604
00:27:08,227 --> 00:27:10,127
Maybe we'll get a guy down here
with a gold watch--
605
00:27:10,129 --> 00:27:11,295
hypnotizes
the whole neighborhood.
606
00:27:14,300 --> 00:27:16,367
What?
607
00:27:16,369 --> 00:27:20,838
Why don't we take
a legitimate shot with the vic?
608
00:27:20,840 --> 00:27:22,973
Come on, Mike.
609
00:27:22,975 --> 00:27:24,375
It's a weak case as is.
610
00:27:24,377 --> 00:27:27,211
You know how the courts
stand on that.
611
00:27:27,213 --> 00:27:28,696
Hit and miss at best.
612
00:27:28,697 --> 00:27:30,180
No, no, no, I'm not saying
we provide them
613
00:27:30,182 --> 00:27:32,249
with hypnotically-induced
testimony. No.
614
00:27:32,251 --> 00:27:34,318
We'll use it
for investigation only.
615
00:27:38,858 --> 00:27:40,858
Talk to the D.A.
616
00:27:43,262 --> 00:27:46,296
ROBINETTE:
They don't always toss it,
617
00:27:46,298 --> 00:27:49,867
but they have been uneven
in accepting aided testimony.
618
00:27:49,869 --> 00:27:51,869
I know that;
that's not what we're asking.
619
00:27:51,871 --> 00:27:54,204
Look, we're up against
the wall here.
620
00:27:54,206 --> 00:27:55,939
I don't want to put her under,
621
00:27:55,941 --> 00:27:57,775
have a new investigatory
line pop
622
00:27:57,777 --> 00:28:00,277
and then have the courts
tell you guys we can't use it.
623
00:28:00,279 --> 00:28:03,781
It's a good idea. Try it.
624
00:28:03,783 --> 00:28:06,283
But if anything new surfaces
during the session,
625
00:28:06,285 --> 00:28:08,352
we've got to link it
to something substantive
626
00:28:08,354 --> 00:28:10,087
down the line.
627
00:28:10,089 --> 00:28:11,989
It's testimony
I'd rather not use at all
628
00:28:11,991 --> 00:28:14,058
unless it's
extremely compelling.
629
00:28:14,060 --> 00:28:17,127
We'll let you know.
630
00:28:23,936 --> 00:28:26,203
We've got bad news.
631
00:28:26,205 --> 00:28:28,172
It's a tox report.
632
00:28:28,174 --> 00:28:29,907
She left a brush
633
00:28:29,909 --> 00:28:32,209
and some other effects
with the police
634
00:28:32,211 --> 00:28:33,310
after the rape.
635
00:28:33,312 --> 00:28:35,212
The hair
tested positive,
636
00:28:35,214 --> 00:28:37,314
but we could probably
counter it.
637
00:28:37,316 --> 00:28:39,383
It doesn't mean
she was using
on that day.
638
00:28:44,190 --> 00:28:48,292
Paul, you made
a serious mistake here.
639
00:28:48,294 --> 00:28:51,929
You ordered a lab test
on what basis?
640
00:28:51,931 --> 00:28:54,465
It's for
our knowledge only.
641
00:28:54,467 --> 00:28:57,334
I don't want to
prosecute her on it.
642
00:28:57,336 --> 00:29:01,371
What about her right
to privacy?
643
00:29:01,373 --> 00:29:03,340
Wait a minute.
644
00:29:03,342 --> 00:29:05,342
This was one of your
biggest concerns.
645
00:29:05,344 --> 00:29:07,311
"Let's find out before
the rest of the world does."
646
00:29:07,313 --> 00:29:09,413
That is over the line.
647
00:29:09,415 --> 00:29:12,349
You mean to tell me
it's more important
648
00:29:12,351 --> 00:29:15,352
that we maintain some myth
of blind justice,
649
00:29:15,354 --> 00:29:19,857
walk into court
and get our
butts kicked?
650
00:29:19,859 --> 00:29:21,358
You'd rather not know?
651
00:29:21,360 --> 00:29:23,360
Not if it means circumventing
652
00:29:23,362 --> 00:29:26,196
a basic guaranteed right
of the people.
653
00:29:26,198 --> 00:29:28,966
What about
the Supreme Court's stand
654
00:29:28,968 --> 00:29:30,367
on blind drug testing
655
00:29:30,369 --> 00:29:32,369
mandatory in certain
job classifications?
656
00:29:32,371 --> 00:29:35,072
Not mandatory
when you're raped.
657
00:29:45,317 --> 00:29:48,085
where you were going,
When they asked
MAN:
658
00:29:48,087 --> 00:29:50,420
do you look at their faces?
659
00:29:50,422 --> 00:29:55,292
I think if I look right at them,
660
00:29:55,294 --> 00:29:59,396
they'll stop harassing me.
661
00:29:59,398 --> 00:30:02,366
What do their faces
look like?
662
00:30:07,273 --> 00:30:10,240
They're young.
663
00:30:10,242 --> 00:30:15,512
Late teens, early 20s.
664
00:30:15,514 --> 00:30:19,416
The youngest looks frightened.
665
00:30:19,418 --> 00:30:22,986
The others are bigger.
666
00:30:22,988 --> 00:30:25,088
They seem older.
667
00:30:27,393 --> 00:30:30,494
Which one is
the most intimidating?
668
00:30:30,496 --> 00:30:34,097
The oldest.
669
00:30:37,269 --> 00:30:40,237
He doesn't have any life
in his eyes.
670
00:30:43,275 --> 00:30:44,975
I know he's the most dangerous.
671
00:30:49,381 --> 00:30:53,517
He doesn't care that I'm afraid.
672
00:30:53,519 --> 00:30:58,188
He's not excited by it.
673
00:30:58,190 --> 00:31:00,324
Not like the other three.
674
00:31:00,326 --> 00:31:02,259
They're there for him.
675
00:31:05,564 --> 00:31:10,100
Monica, let's back up
for a second.
676
00:31:10,102 --> 00:31:13,103
When you were describing
the boys,
677
00:31:13,105 --> 00:31:16,607
did you mean to describe
three or four to me?
678
00:31:19,411 --> 00:31:21,211
Four.
679
00:31:21,213 --> 00:31:23,380
Are you sure?
680
00:31:23,382 --> 00:31:26,483
You're sure?
681
00:31:26,485 --> 00:31:29,353
Yes.
682
00:31:31,557 --> 00:31:39,363
Now I'm going to ask you
to relax even further.
683
00:31:39,365 --> 00:31:43,367
Remember, these are
only memories.
684
00:31:43,369 --> 00:31:47,170
They cannot hurt you.
685
00:31:47,172 --> 00:31:51,642
This fourth boy--
who is the oldest--
686
00:31:51,644 --> 00:31:57,314
focus in on him,
and tell me about his face.
687
00:32:00,286 --> 00:32:01,518
Gaunt.
688
00:32:05,357 --> 00:32:07,591
Drawn.
689
00:32:07,593 --> 00:32:14,598
Looks that might once
have been good-looking.
690
00:32:14,600 --> 00:32:20,337
He has green eyes.
691
00:32:20,339 --> 00:32:23,540
He has a scar
over his right eye.
692
00:32:23,542 --> 00:32:26,543
His skin is pale.
693
00:32:26,545 --> 00:32:31,348
His hair
looks unwashed.
694
00:32:31,350 --> 00:32:35,252
Did you, at any time
during the attack
695
00:32:35,254 --> 00:32:38,221
hear his name used?
696
00:32:43,562 --> 00:32:46,430
Tim.
697
00:32:46,432 --> 00:32:50,233
We know there was a fourth guy.
698
00:32:50,235 --> 00:32:52,669
We know he committed
the majority of the rape.
699
00:32:52,671 --> 00:32:54,371
We got his first name.
700
00:32:54,373 --> 00:32:57,274
I say we use it
against the other three.
701
00:32:57,276 --> 00:32:59,109
One of them is
bound to collapse.
702
00:32:59,111 --> 00:33:01,311
It would only
tip our hand.
703
00:33:01,313 --> 00:33:04,181
Something in here
has got to lead to him.
704
00:33:04,183 --> 00:33:06,183
She told us
who did what.
705
00:33:06,185 --> 00:33:08,352
Who held her, who
performed what acts.
706
00:33:08,354 --> 00:33:10,287
The fact he tried to get her
to fellate him.
707
00:33:10,289 --> 00:33:11,688
The threats
to slash her face.
708
00:33:11,690 --> 00:33:13,557
We got everything we need
except the fourth guy.
709
00:33:13,559 --> 00:33:15,492
We pick him up,
710
00:33:15,494 --> 00:33:17,561
we get a blood test,
a match on the semen sample,
711
00:33:17,563 --> 00:33:19,496
it's a slam dunk,
the other three
go down with him.
712
00:33:19,498 --> 00:33:22,199
Fine, let's go pick him up.
713
00:33:22,201 --> 00:33:23,333
His name's Tim.
714
00:33:23,335 --> 00:33:25,502
Aw, come on, Max.
715
00:33:25,503 --> 00:33:27,670
You know what the hell
I'm talking about here.
716
00:33:29,608 --> 00:33:32,342
All right,
you want to make a move?
717
00:33:32,344 --> 00:33:34,478
Let's check the stoop for glass.
718
00:33:34,480 --> 00:33:36,446
What?
719
00:33:36,448 --> 00:33:39,249
She remembered them
breaking a bottle,
720
00:33:39,251 --> 00:33:41,752
threatening to slash
her face, right?
721
00:33:41,754 --> 00:33:45,489
Two months later,
you think we're going
to find anything?
722
00:33:45,491 --> 00:33:48,558
When was the last time
you swept under your stoop?
723
00:33:50,396 --> 00:33:53,363
Ooh, this is making me nauseous.
724
00:33:53,365 --> 00:33:55,499
Gee, that's funny, Max.
You ought to come down here.
725
00:33:55,501 --> 00:33:58,502
I was thinking of puking
just to improve the smell.
726
00:33:58,504 --> 00:34:01,538
Oop, more glass.
727
00:34:01,540 --> 00:34:03,573
Okay, send it up.
728
00:34:09,281 --> 00:34:12,249
Remind me never
to eat at your house.
729
00:34:12,251 --> 00:34:14,351
They're perfectly good tongs.
730
00:34:14,353 --> 00:34:16,586
You think I'm going
to throw them away?
731
00:34:16,588 --> 00:34:18,722
You got a couple
of partials.
732
00:34:18,724 --> 00:34:20,724
Third and fourth
fingerprints
733
00:34:20,726 --> 00:34:22,726
on one of
the fragments--
734
00:34:22,728 --> 00:34:24,227
I think it's
a bottle neck.
735
00:34:24,229 --> 00:34:25,796
Run a cross-check
on every set we got.
736
00:34:25,798 --> 00:34:27,764
First name Tim,
Timothy...
737
00:34:27,766 --> 00:34:29,733
Do all the Ts
just to be safe.
738
00:34:29,735 --> 00:34:31,668
This is gonna
take some time.
739
00:34:31,670 --> 00:34:34,504
Hey! Do I look like
I'm in a hurry?
740
00:34:34,506 --> 00:34:36,606
Timothy Pruiting!
741
00:34:36,608 --> 00:34:39,776
Three assaults,
two narco pops,
one sale weight.
742
00:34:39,778 --> 00:34:42,479
Partial matches on middle
and ring finger.
743
00:34:42,481 --> 00:34:44,481
Great. It's not enough.
744
00:34:44,483 --> 00:34:45,649
They're only partial matches.
745
00:34:45,651 --> 00:34:48,318
There's at least
746
00:34:48,320 --> 00:34:49,619
35 other possible
match-ups here.
747
00:34:49,621 --> 00:34:51,388
He lives two blocks
from the scene.
748
00:34:51,390 --> 00:34:53,507
He's been popped for dealing.
749
00:34:53,508 --> 00:34:55,625
Narcotics says Metzler and
Hanauer have been running
750
00:34:55,627 --> 00:34:56,793
for him for months.
751
00:34:56,795 --> 00:34:59,396
Fine. The prints place him
at the scene,
752
00:34:59,398 --> 00:35:01,298
not the time of the attack.
753
00:35:01,300 --> 00:35:03,233
We pop him, he'll
match on the DNA.
754
00:35:03,235 --> 00:35:05,269
And what if he doesn't?
755
00:35:05,270 --> 00:35:07,304
There's no sex offenses here;
what do we hold him on?
756
00:35:07,306 --> 00:35:08,438
I don't know.
757
00:35:08,440 --> 00:35:09,573
This guy fits.
758
00:35:09,575 --> 00:35:12,309
Tooley down in Narcotics
759
00:35:12,311 --> 00:35:14,444
says he'd gut his mother
for a nickel.
760
00:35:14,446 --> 00:35:17,581
The Cutrona kid's
probably scared to death.
761
00:35:17,583 --> 00:35:21,451
Look, guys, do I have to speak
slowly here?
762
00:35:21,453 --> 00:35:24,321
Yes, I think he's our guy.
763
00:35:24,323 --> 00:35:26,423
Yes, I would like
to pop him,
764
00:35:26,425 --> 00:35:27,824
but this thing
has been dismissed once already.
765
00:35:27,826 --> 00:35:31,328
We cannot go off half-cocked.
We need more.
766
00:35:31,330 --> 00:35:33,363
Like what?
767
00:35:33,365 --> 00:35:36,867
Like testimony
from the Cutrona kid.
768
00:35:36,869 --> 00:35:39,603
A statement, anything.
769
00:35:39,605 --> 00:35:41,605
We'll give him a run.
770
00:35:41,607 --> 00:35:44,574
Good, Mike,
because I don't think
771
00:35:44,576 --> 00:35:48,879
he's going to come
waltzing in here on his own.
772
00:35:55,654 --> 00:35:57,621
We know
he was there.
773
00:35:57,623 --> 00:35:59,890
We need you
to testify
against him.
774
00:35:59,892 --> 00:36:01,758
You do that, the D.A.
775
00:36:01,760 --> 00:36:03,527
will reduce the rape
charges against you.
776
00:36:03,529 --> 00:36:04,761
How far?
777
00:36:04,763 --> 00:36:06,263
You'd have
to talk to Stone,
778
00:36:06,265 --> 00:36:08,765
but he assured me
no time.
779
00:36:08,767 --> 00:36:12,335
What about working
for Pruiting?
780
00:36:12,337 --> 00:36:13,803
You're not up
on the drug charges.
781
00:36:13,805 --> 00:36:16,806
The hope is you'd clean
that up by yourself.
782
00:36:16,808 --> 00:36:19,609
He said he'd kill me.
783
00:36:19,611 --> 00:36:22,445
You let us
worry about that.
784
00:36:22,447 --> 00:36:24,514
Truth is,
he's a punk.
785
00:36:24,516 --> 00:36:26,516
He's not going to
last long in prison.
786
00:36:26,518 --> 00:36:28,718
You'd be the least
of his problems.
787
00:36:40,532 --> 00:36:42,365
He'll testify.
788
00:36:42,367 --> 00:36:44,434
( sigh of relief )
789
00:36:49,575 --> 00:36:50,740
( hammer cocking )
790
00:37:05,824 --> 00:37:07,791
Police! Timothy Pruiting,
you're under arrest!
791
00:37:07,793 --> 00:37:09,359
Hold it!
792
00:37:09,361 --> 00:37:10,860
Get off of me, man!
793
00:37:10,862 --> 00:37:13,597
You're charged with
rape and assault.
794
00:37:13,599 --> 00:37:15,632
You have the right
to remain silent... Freeze!
795
00:37:15,634 --> 00:37:18,435
Those little bastards
ratted on me, man!
796
00:37:18,437 --> 00:37:20,437
I'm not, I'm not
going down alone!
797
00:37:20,439 --> 00:37:21,571
You hear me?!
798
00:37:21,573 --> 00:37:23,573
You think
I'm lying here?!
799
00:37:23,575 --> 00:37:24,874
Those little jerks
were with me when we did it!
800
00:37:24,876 --> 00:37:27,711
I want those
little humps!
Put something on.
801
00:37:27,713 --> 00:37:30,614
The little punks will say
whatever you want to hear.
Yeah, yeah, yeah.
802
00:37:51,770 --> 00:37:53,336
( knock at door )
803
00:38:04,416 --> 00:38:05,649
What the hell's
going on?
804
00:38:05,651 --> 00:38:07,817
When was he
mirandized at the bust?
805
00:38:07,819 --> 00:38:10,387
Hey, that's crap
if he's saying
806
00:38:10,389 --> 00:38:11,788
he wasn't mirandized.
807
00:38:11,790 --> 00:38:13,723
I read them as we
were taking him out.
808
00:38:13,725 --> 00:38:16,559
After he made
the statements.
809
00:38:16,561 --> 00:38:19,529
Oh, are you going
to tell us about our day?
810
00:38:19,531 --> 00:38:21,398
Sounds like
spontaneous declaration to me.
811
00:38:21,400 --> 00:38:22,632
Fine, it will fall into
"for what it's worth"
812
00:38:22,634 --> 00:38:24,367
and I'll bury it.
813
00:38:24,369 --> 00:38:25,869
I'll be with my client.
814
00:38:25,871 --> 00:38:28,538
Let's not have this
take all day.
815
00:38:33,378 --> 00:38:37,580
Look, I started
during his statements.
816
00:38:37,582 --> 00:38:39,516
The guy was
screaming like crazy.
817
00:38:39,518 --> 00:38:41,151
Then the girl made the move.
818
00:38:41,152 --> 00:38:42,785
I re-read them after
everything calmed down.
819
00:38:42,788 --> 00:38:45,555
Hey, this guy was
out of his mind high.
820
00:38:45,557 --> 00:38:47,090
He was blurting things
out left and right.
821
00:38:47,092 --> 00:38:48,525
It doesn't matter.
822
00:38:48,527 --> 00:38:50,427
I'll make it admissible.
823
00:38:50,429 --> 00:38:52,595
Taggart will take
the wind out of it.
824
00:38:52,597 --> 00:38:54,431
His statements may be
too vague to help us anyway.
825
00:38:54,433 --> 00:38:56,900
So why aren't we asking
for a blood sample?
826
00:38:56,902 --> 00:38:58,735
Because we have
a problem.
827
00:38:58,737 --> 00:38:59,803
Oh?
828
00:38:59,805 --> 00:39:02,539
You can't subpoena blood samples
829
00:39:02,541 --> 00:39:06,509
if you have nothing
to match it against.
830
00:39:06,511 --> 00:39:11,481
Forensics seems to have
misplaced the rape samples.
831
00:39:11,483 --> 00:39:13,616
What?
832
00:39:13,618 --> 00:39:14,884
( sighs )
833
00:39:14,886 --> 00:39:17,487
This is unbelievable.
834
00:39:17,489 --> 00:39:19,556
And they're continuing
to look, but my guess is,
835
00:39:19,558 --> 00:39:21,524
some idiot saw the paperwork
come through on the dismissal
836
00:39:21,526 --> 00:39:22,792
and out they went.
837
00:39:22,794 --> 00:39:24,561
That's incredible.
838
00:39:24,563 --> 00:39:27,630
Which leaves us
with not much.
839
00:39:27,632 --> 00:39:29,966
What do you
want to do?
840
00:39:29,968 --> 00:39:32,836
Well, that's what
we're here to decide.
841
00:39:32,838 --> 00:39:35,839
I can't justify
much longer detaining
Pruiting to his lawyers.
842
00:39:35,841 --> 00:39:38,541
Even with the Cutrona kid's
statement?
843
00:39:38,543 --> 00:39:40,810
That's an uncorroborated
statement,
844
00:39:40,812 --> 00:39:42,545
coming from an accomplice.
845
00:39:42,547 --> 00:39:46,383
We need something
to back that up with.
846
00:39:47,719 --> 00:39:50,620
How long can you justify
holding him?
847
00:39:53,525 --> 00:39:56,726
Duck a couple of phone calls
from his attorney.
848
00:39:56,728 --> 00:39:57,927
After that...
849
00:39:57,929 --> 00:40:00,530
After that,
you lose the paperwork.
850
00:40:00,532 --> 00:40:02,632
Max, what is this?
851
00:40:02,634 --> 00:40:03,900
Last shot.
852
00:40:03,902 --> 00:40:06,536
Get Metzler and Hanauer to roll.
853
00:40:06,538 --> 00:40:07,737
We got no leverage.
854
00:40:07,739 --> 00:40:08,938
What the hell is going on?
855
00:40:10,842 --> 00:40:12,509
Max, no deals.
856
00:40:12,511 --> 00:40:13,943
I want the other two
as much as Pruiting.
857
00:40:23,955 --> 00:40:28,525
GREEVEY:
Look at those mooks,
still selling crack.
858
00:40:33,799 --> 00:40:35,465
Gentlemen.
859
00:40:35,467 --> 00:40:37,700
If this is a roust,
you got no cause.
860
00:40:37,702 --> 00:40:39,869
Hey, you think we need cause,
ant brain, huh?
861
00:40:39,871 --> 00:40:42,672
You think we don't know
how to move vials, huh?
862
00:40:42,674 --> 00:40:43,873
GREEVEY:
Hey, Mike.
863
00:40:46,845 --> 00:40:50,513
No roust, no charges,
no interrogation.
864
00:40:50,515 --> 00:40:52,015
Just come in,
make some statements.
865
00:40:52,017 --> 00:40:53,016
We listen...
866
00:40:53,018 --> 00:40:54,651
Listen to what?
867
00:40:54,653 --> 00:40:56,486
Your version
of what happened.
868
00:40:56,488 --> 00:40:58,555
Since Tim Pruiting's
been in all day screaming
869
00:40:58,557 --> 00:40:59,923
that he didn't rape
Monica De Vries.
870
00:40:59,925 --> 00:41:01,758
What?
871
00:41:01,760 --> 00:41:04,227
He says it was you guys.
872
00:41:04,229 --> 00:41:06,596
You're full of it.
873
00:41:06,598 --> 00:41:09,065
Watch your mouth.
874
00:41:09,066 --> 00:41:11,533
You think I pulled that name
out of thin air?
875
00:41:11,536 --> 00:41:14,904
You want me
to describe his place?
876
00:41:14,906 --> 00:41:16,339
In fact, we can drop by.
877
00:41:16,340 --> 00:41:17,773
I'll show you what a mess
we made during the bust.
878
00:41:17,776 --> 00:41:19,809
Is he saying we did her?
879
00:41:19,811 --> 00:41:20,877
That's a load.
880
00:41:20,879 --> 00:41:21,978
Hey, you don't have
to convince us.
881
00:41:21,980 --> 00:41:23,546
We know he did her,
882
00:41:23,548 --> 00:41:26,683
but we got to pop
somebody for it.
883
00:41:26,685 --> 00:41:27,951
It's bull!
884
00:41:27,953 --> 00:41:29,953
You want us to roll.
885
00:41:29,955 --> 00:41:33,056
We already arrested him, genius.
886
00:41:33,058 --> 00:41:34,924
We don't need you
to incriminate him.
887
00:41:34,926 --> 00:41:38,094
So we're not under arrest.
888
00:41:38,096 --> 00:41:40,263
Absolutely not.
889
00:41:40,265 --> 00:41:42,699
Unless...
890
00:41:42,701 --> 00:41:45,969
he convinces us that he's right.
891
00:41:49,641 --> 00:41:52,075
It can't be used against us?
892
00:41:52,077 --> 00:41:55,512
That's the deal.
893
00:41:55,514 --> 00:41:56,846
Tell you what.
894
00:41:56,848 --> 00:41:58,948
I'll make it
really easy.
895
00:41:58,950 --> 00:42:00,750
I'll call legal aid.
896
00:42:00,752 --> 00:42:03,520
They'll set up a room.
897
00:42:03,522 --> 00:42:04,888
You come in.
898
00:42:04,890 --> 00:42:06,055
In and out.
899
00:42:06,057 --> 00:42:07,624
No hanging around.
900
00:42:07,626 --> 00:42:09,559
Give me a quarter.
901
00:42:09,561 --> 00:42:10,560
What?
902
00:42:10,562 --> 00:42:12,095
Give me a quarter.
903
00:42:14,699 --> 00:42:16,599
What are you doing?
904
00:42:16,601 --> 00:42:17,800
Huh?
905
00:42:24,142 --> 00:42:25,608
Hey, that's great, Max.
906
00:42:25,610 --> 00:42:27,010
Now we got even more
unusable statements.
907
00:42:27,012 --> 00:42:29,012
Think so?
908
00:42:29,014 --> 00:42:32,048
Who you calling?
909
00:42:32,050 --> 00:42:33,550
Marie.
910
00:42:35,687 --> 00:42:38,655
Think they have
a reasonable expectation
911
00:42:38,657 --> 00:42:40,156
of privacy right now?
912
00:42:40,158 --> 00:42:42,625
Hi, honey, it's me.
913
00:42:42,627 --> 00:42:46,095
I'll probably
be late tonight.
914
00:42:48,033 --> 00:42:51,568
You're out of your mind,
you know that?
915
00:42:51,570 --> 00:42:53,670
Stone's going to
blow a fuse over this,
916
00:42:53,672 --> 00:42:55,638
and Cragen will strap us
to our desks forever.
917
00:42:55,640 --> 00:42:57,340
Wrong, detective.
918
00:42:57,342 --> 00:43:01,044
They are not under arrest.
919
00:43:01,046 --> 00:43:04,047
Ooh.
920
00:43:04,049 --> 00:43:07,050
HANAUER:
Because if he is,
I'm not taking the fall,
921
00:43:07,052 --> 00:43:08,618
and neither should you.
922
00:43:08,620 --> 00:43:10,487
We didn't do her.
He got off on it.
923
00:43:10,488 --> 00:43:12,355
METZLER:
So what's all this crap
about keeping our mouth shut?
924
00:43:12,357 --> 00:43:14,657
He tells us they got no evidence
925
00:43:14,659 --> 00:43:16,626
because he's the only one
who will match the load,
926
00:43:16,628 --> 00:43:19,062
and he gets picked up and rolls?
Screw him.
927
00:43:19,064 --> 00:43:22,065
HANAUER:
Look, we know what we did;
we just tell it straight.
928
00:43:22,067 --> 00:43:24,701
All we did was hold her,
maybe some other stupid stuff,
929
00:43:24,703 --> 00:43:26,669
but we're not riding down
for Pruiting.
930
00:43:26,671 --> 00:43:27,904
( tape recorder clicks )
931
00:43:27,906 --> 00:43:29,806
All right,
so it's damning.
932
00:43:29,808 --> 00:43:31,674
Do I have
to run a list here, Stone?
933
00:43:31,676 --> 00:43:36,746
Miranda, Bartolameo, the Supreme
Court's Minnick Decision.
934
00:43:36,748 --> 00:43:37,947
The whole thing
is illegally obtained.
935
00:43:37,949 --> 00:43:40,083
They were both
represented by counsel.
936
00:43:40,085 --> 00:43:42,051
Not for the past
two months they weren't.
937
00:43:42,053 --> 00:43:43,837
There were no charges pending,
938
00:43:43,838 --> 00:43:45,622
there was no accusatory
instrument pending,
939
00:43:45,624 --> 00:43:46,889
No outstanding indictment.
940
00:43:46,891 --> 00:43:48,691
I'm sure you know
as well as I do
941
00:43:48,693 --> 00:43:50,159
that Minnick provides
nothing new in New York.
942
00:43:50,161 --> 00:43:52,095
What about their privacy?
943
00:43:52,097 --> 00:43:55,965
The court's stance
on the expectation of privacy
944
00:43:55,967 --> 00:43:57,667
is fairly clear.
945
00:43:57,669 --> 00:44:00,737
Please!
They were sitting in a cop car.
946
00:44:00,739 --> 00:44:03,673
With the doors wide open,
in the middle of the day
947
00:44:03,675 --> 00:44:05,108
in a city street.
948
00:44:05,110 --> 00:44:07,076
You think there's a greater
expectation of privacy there
949
00:44:07,078 --> 00:44:08,745
than on a cordless phone?
950
00:44:08,747 --> 00:44:11,848
And I'm sure you know
the court's stance on that.
951
00:44:11,850 --> 00:44:13,116
It's debatable.
952
00:44:13,118 --> 00:44:14,684
That's not debatable,
953
00:44:14,686 --> 00:44:15,885
that's precedent,
954
00:44:15,887 --> 00:44:18,187
and that's what I'm going
into court with.
955
00:44:18,189 --> 00:44:19,822
You did good work.
956
00:44:19,824 --> 00:44:22,925
Make sure it doesn't get
thrown out of court.
957
00:44:22,927 --> 00:44:25,928
I can't be sure of anything,
but I do know what I believe in,
958
00:44:25,930 --> 00:44:27,864
and I believe you didn't
violate the system.
959
00:44:27,866 --> 00:44:29,999
You want to rearrest
Hanauer and Metzler as well?
960
00:44:30,001 --> 00:44:33,136
Absolutely, no bargains.
The charge is rape.
961
00:44:33,138 --> 00:44:34,771
We'll let their
defense attorneys
962
00:44:34,773 --> 00:44:36,205
figure out whether they
want to sever or not.
963
00:44:36,207 --> 00:44:38,708
I'm sure they know
the procedure by now.
964
00:44:38,710 --> 00:44:39,942
with the Cutrona kid?
What do you want to do
965
00:44:39,944 --> 00:44:41,427
Well, him we need,
966
00:44:41,428 --> 00:44:42,911
and Paul's going to bring
him in for a statement.
967
00:44:42,914 --> 00:44:46,015
I can use that
instead of the DNA match.
968
00:44:46,017 --> 00:44:48,751
Well, our boy Pruiting
just tried to sell
969
00:44:48,753 --> 00:44:50,753
everyone he knows
during booking--
970
00:44:50,755 --> 00:44:52,789
crack dealers, peepers--
971
00:44:52,791 --> 00:44:55,158
all in hopes
of landing a deal.
972
00:44:55,160 --> 00:44:56,826
Hell of a guy.
973
00:44:56,828 --> 00:44:59,095
Yeah, quite a piece
of work.
974
00:44:59,097 --> 00:45:02,031
In the coming days,
you will hear arguments
975
00:45:02,033 --> 00:45:05,301
on whether three men
in this courtroom are guilty
976
00:45:05,303 --> 00:45:07,170
of the crime of rape.
977
00:45:07,172 --> 00:45:10,840
You will then be asked
to decide two things--
978
00:45:10,842 --> 00:45:12,842
the fate of the defendants
979
00:45:12,844 --> 00:45:16,012
and more indirectly,
the fate of a legal system,
980
00:45:16,014 --> 00:45:20,016
a system that is too often
circumvented and mocked
981
00:45:20,018 --> 00:45:23,119
by those who seek
to escape the weight of justice.
982
00:45:23,121 --> 00:45:27,490
A system which can be used
by the defense
983
00:45:27,492 --> 00:45:31,327
to put a woman,
violated against her will,
984
00:45:31,329 --> 00:45:36,332
on trial for anything
ranging from how she was dressed
985
00:45:36,334 --> 00:45:40,770
to why she was
in a particular neighborhood.
986
00:45:45,810 --> 00:45:49,178
It is the state's position
that there are no valid reasons
987
00:45:49,180 --> 00:45:51,080
to justify violent
sexual behavior
988
00:45:51,082 --> 00:45:52,749
against another person's will.
989
00:45:52,751 --> 00:45:55,885
It is my job to present
these facts to you in hope
990
00:45:55,887 --> 00:45:59,055
that you will agree
with the state's position.
991
00:45:59,057 --> 00:46:01,891
It is your job to listen--
992
00:46:01,893 --> 00:46:04,794
to listen how,
through willful intimidation
993
00:46:04,796 --> 00:46:07,230
and a moderate knowledge
of the legal system,
994
00:46:07,232 --> 00:46:09,298
these three men chose to flaunt
995
00:46:09,300 --> 00:46:12,869
their crime of rape
in the face of a woman...
996
00:46:16,107 --> 00:46:19,208
...and in the face
of this system.