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00:00:00,167 --> 00:00:02,318
In the criminal justice system
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00:00:02,319 --> 00:00:04,470
the people are represented
by two separate
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00:00:04,472 --> 00:00:06,338
yet equally important groups:
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00:00:06,340 --> 00:00:08,207
The police,
who investigate crime
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00:00:08,209 --> 00:00:10,776
and the district attorneys,
who prosecute the offenders.
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These are their stories.
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( whooping )
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( screaming )
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( man laughs )
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00:00:32,800 --> 00:00:34,333
( screams )
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00:00:35,269 --> 00:00:37,069
Sorry.
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00:00:39,440 --> 00:00:42,441
Hey, watch
it, girl.
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00:00:44,512 --> 00:00:47,346
Oh! Get away from me!
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OFFICER:
I'll bet you never
cut class, either.
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( chuckles )
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Me? I was a fine upstanding
picture of American manhood.
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Yeah, sure.
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00:00:57,625 --> 00:01:00,526
Oh, look at this.
19
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Get off me!
( siren wails )
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Get off me!
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00:01:04,265 --> 00:01:05,831
MAN:
Shut up!
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00:01:05,833 --> 00:01:07,266
Okay, you two,
take it easy!
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Take it easy.
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I was just trying
to help her.
25
00:01:10,104 --> 00:01:11,336
She's going
to get run over, man.
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They grabbed me.
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00:01:13,407 --> 00:01:15,240
They pushed me down...
28
00:01:16,277 --> 00:01:18,277
Give me
a little help here.
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00:01:18,279 --> 00:01:20,112
Come on.
Come on, darling.
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00:01:20,114 --> 00:01:21,380
Come on,
darling, get up.
Come on.
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Um, sophomore,
University of Manhattan.
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Says she was raped
by several men--
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Halloween party.
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00:01:28,122 --> 00:01:30,189
No vaginal
or perineal abrasions.
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00:01:30,191 --> 00:01:31,290
Got any signs
of intercourse?
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00:01:31,292 --> 00:01:32,591
There was semen present.
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00:01:32,593 --> 00:01:34,093
You send out
the kit?
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00:01:34,095 --> 00:01:36,161
Yeah, also ran a blood test;
she was drunk.
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00:01:36,163 --> 00:01:37,362
How drunk?
Very.
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If she'd been driving,
she'd be under arrest.
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00:01:39,567 --> 00:01:40,599
Blood alcohol's .13.
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All right, can
we talk to her?
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She's out cold,
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00:01:43,737 --> 00:01:45,304
and I don't know how much
she's going to remember.
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Doc, can we stop the waltz?
What are you saying?
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00:01:47,374 --> 00:01:49,374
Obvious emotional trauma.
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Rape?
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We offered her a counselor.
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She said no.
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Captioning sponsored by
NBC/UNIVERSAL
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¶ ¶
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¶ ¶
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WOMAN ( over PA system ):
All on-duty interns please
report to nurse's station five.
54
00:03:24,672 --> 00:03:26,205
All interns please report...
55
00:03:26,207 --> 00:03:29,208
WOMAN:
I was invited to the party.
56
00:03:29,210 --> 00:03:30,876
By the men
who assaulted you?
57
00:03:30,878 --> 00:03:33,212
My fiancé, Gary Burnham.
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00:03:33,214 --> 00:03:34,913
He was a pledge
at Theta Pi.
59
00:03:34,915 --> 00:03:36,648
Your fiancé assaulted you?
60
00:03:36,650 --> 00:03:39,551
No.
61
00:03:39,553 --> 00:03:41,753
Look, can you identify the boys
who did this?
62
00:03:41,755 --> 00:03:43,956
Somebody helped me upstairs.
63
00:03:43,958 --> 00:03:45,958
It was some kind of...
64
00:03:45,960 --> 00:03:49,695
he was wearing
some kind of animal.
65
00:03:49,697 --> 00:03:50,729
What kind of animal?
66
00:03:50,731 --> 00:03:52,965
What color?
67
00:03:55,903 --> 00:03:57,536
It was light.
68
00:03:57,538 --> 00:04:03,242
I think, maybe, um...
gray or brown.
69
00:04:03,244 --> 00:04:06,812
Can't you give us a little
better idea of what went on?
70
00:04:08,782 --> 00:04:10,849
They offered me a drink.
71
00:04:10,851 --> 00:04:12,751
Who?
72
00:04:12,753 --> 00:04:15,721
Um... I'm not sure.
73
00:04:15,723 --> 00:04:18,991
It's all fuzzy, but...
74
00:04:18,993 --> 00:04:23,762
I think Ted Campion
and Joel Holder--
75
00:04:23,764 --> 00:04:25,831
two of Gary's friends--
were there.
76
00:04:25,833 --> 00:04:29,735
I'm pretty sure Ted
had the bottle-- Scotch.
77
00:04:29,737 --> 00:04:31,803
I was drinking
from it.
78
00:04:31,805 --> 00:04:34,039
And...
79
00:04:35,943 --> 00:04:39,711
...I think there was something
over my face.
80
00:04:39,713 --> 00:04:43,949
Um... and they
were on top of me,
81
00:04:43,951 --> 00:04:46,618
and I tried
to scream.
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00:04:48,756 --> 00:04:52,958
Um... I must have passed out.
83
00:04:52,960 --> 00:04:56,428
The next thing,
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00:04:56,430 --> 00:04:59,998
I was alone in the room...
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00:05:00,000 --> 00:05:02,834
looking for my clothes.
86
00:05:02,836 --> 00:05:05,637
So Ted and Joel assaulted you?
87
00:05:07,608 --> 00:05:10,309
I think so.
88
00:05:10,311 --> 00:05:12,711
You know, you had been drinking
a little bit.
89
00:05:12,713 --> 00:05:16,815
Rape's a serious accusation
based on "I think so."
90
00:05:16,817 --> 00:05:18,784
( sighs )
91
00:05:18,786 --> 00:05:23,655
I was drunk, and I was scared,
but I know what happened.
92
00:05:23,657 --> 00:05:27,025
I was raped.
93
00:05:27,027 --> 00:05:28,760
She said what?
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00:05:28,762 --> 00:05:30,095
This is crazy.
95
00:05:30,097 --> 00:05:31,763
Joel, did you even
see her?
96
00:05:31,765 --> 00:05:34,366
I didn't even know
she was here.
97
00:05:34,368 --> 00:05:36,001
Is this serious?
98
00:05:36,003 --> 00:05:39,004
Maybe we should talk
to a lawyer.
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00:05:39,006 --> 00:05:41,773
We never even went upstairs.
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00:05:41,775 --> 00:05:44,643
( chuckling ):
Look, guys, this didn't happen.
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00:05:44,645 --> 00:05:46,778
A girl comes
to your party,
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00:05:46,780 --> 00:05:49,881
and just for the hell
of it, she charges rape?
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00:05:49,883 --> 00:05:52,017
Everybody knows
about Andrea.
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00:05:52,019 --> 00:05:53,418
Well, we don't know.
105
00:05:53,420 --> 00:05:54,753
Why don't you
fill us in?
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00:05:54,755 --> 00:05:57,422
A pledge of ours,
Gary Burnham
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00:05:57,424 --> 00:06:00,492
he was getting serious
about her.
108
00:06:00,494 --> 00:06:01,760
( chuckling ):
Freshmen.
109
00:06:01,762 --> 00:06:03,795
He didn't know
about her reputation.
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00:06:03,797 --> 00:06:05,497
About which you so
generously informed him.
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00:06:05,499 --> 00:06:07,766
She's an easy score,
okay?
112
00:06:07,768 --> 00:06:09,368
Gary's a little naive.
113
00:06:09,370 --> 00:06:10,469
Gary dropped her.
114
00:06:10,471 --> 00:06:12,838
She stormed in here
last week,
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00:06:12,840 --> 00:06:13,939
claimed we ruined
her life.
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00:06:13,941 --> 00:06:17,442
And then she said
we'd regret it.
117
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You don't mind if we call
in a few technicians
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to look around, do you?
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No problem.
120
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The wolf pack
is having a feast here.
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Where are they getting
this stuff?
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00:06:31,125 --> 00:06:32,791
Somebody at
the hospital.
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00:06:32,793 --> 00:06:35,460
Did CSU find anything
in the boys' room?
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00:06:35,462 --> 00:06:37,028
No. No hair, no fiber,
no nothing.
125
00:06:37,030 --> 00:06:39,064
I got to tell you, if
these boys are lying,
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00:06:39,066 --> 00:06:40,399
they're pretty cool
about it.
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00:06:40,401 --> 00:06:41,767
Granted.
128
00:06:41,769 --> 00:06:43,802
Except their story
makes no sense.
129
00:06:43,804 --> 00:06:44,920
If she wants revenge,
130
00:06:44,921 --> 00:06:46,037
why didn't she give us
a sure ID?
131
00:06:46,039 --> 00:06:47,439
Why make it harder on herself?
132
00:06:47,441 --> 00:06:48,807
Maybe she didn't want
it to sound so pat.
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00:06:48,809 --> 00:06:50,041
It gives her an out
if things go wrong.
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00:06:50,043 --> 00:06:51,710
Come on.
135
00:06:51,712 --> 00:06:53,812
You want revenge, you don't turn
your life into a circus.
136
00:06:53,814 --> 00:06:55,714
What am I hearing here?
137
00:06:55,716 --> 00:06:56,815
This girl's not on trial.
138
00:06:56,817 --> 00:06:58,450
I know that,
but we got no witnesses.
139
00:06:58,452 --> 00:07:00,185
So far, nobody even
saw her there.
140
00:07:00,187 --> 00:07:01,720
These fraternity brothers
are going to say
141
00:07:01,722 --> 00:07:02,854
that Joel and Ted
never left the party
142
00:07:02,856 --> 00:07:04,423
and that Andrea
made a public threat.
143
00:07:04,425 --> 00:07:05,891
( sighs )
144
00:07:05,893 --> 00:07:08,427
Gee, somebody's lying.
145
00:07:08,429 --> 00:07:10,162
Well, that makes you
146
00:07:10,164 --> 00:07:11,830
detective
of the month, Mike.
147
00:07:11,832 --> 00:07:14,650
Any bets on who?
148
00:07:14,651 --> 00:07:17,469
I mean, did they log who
she called from the hospital?
149
00:07:19,072 --> 00:07:22,073
An advisor,
English professor.
150
00:07:22,075 --> 00:07:24,109
She was afraid
to call her mother.
151
00:07:24,111 --> 00:07:26,845
Students. Sometimes
they make us their mothers.
152
00:07:26,847 --> 00:07:28,547
How do you like
your new daughter?
153
00:07:28,549 --> 00:07:30,265
What's not to like?
154
00:07:30,266 --> 00:07:31,982
Wants to take every course
in the department.
155
00:07:31,985 --> 00:07:35,754
How about her social life?
156
00:07:35,756 --> 00:07:37,339
It was active.
157
00:07:37,340 --> 00:07:38,923
You mean she had a lot
of boyfriends?
158
00:07:38,926 --> 00:07:41,460
Look, her parents divorced
when she was six.
159
00:07:41,462 --> 00:07:44,496
Is she looking for a male figure
in her life? Sure.
160
00:07:44,498 --> 00:07:46,932
How about if she got one
and lost him?
161
00:07:46,934 --> 00:07:49,067
You think she'd be capable
of wanting to get back at him?
162
00:07:49,069 --> 00:07:50,969
Am I getting a message here?
163
00:07:50,971 --> 00:07:53,038
You have some doubt
Andrea was raped?
164
00:07:53,040 --> 00:07:54,473
You think she made it up?
165
00:07:54,475 --> 00:07:55,907
Did I say that?
166
00:07:55,909 --> 00:07:59,945
There is nothing so powerful
as the unspoken.
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00:08:02,216 --> 00:08:05,016
Did she get along as well
with women as she did with men?
168
00:08:05,018 --> 00:08:07,819
I advise a student,
Betsy Rawls.
169
00:08:07,821 --> 00:08:09,921
Works in the college bookstore
with Andrea.
170
00:08:09,923 --> 00:08:15,126
That is, if you want to talk
to people who like her.
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00:08:15,128 --> 00:08:16,595
Poor Andrea.
172
00:08:16,597 --> 00:08:19,598
She sends out a come-on
without even knowing it.
173
00:08:19,600 --> 00:08:22,601
Are you saying that she
asked for this to happen?
174
00:08:22,603 --> 00:08:25,871
Did they give you guys
insensitivity seminars?
175
00:08:27,641 --> 00:08:29,908
No woman asks
to be raped.
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00:08:29,910 --> 00:08:32,277
I'm just saying that
she gives it off.
177
00:08:32,279 --> 00:08:36,081
You know, heat?
Pheromones?
178
00:08:36,083 --> 00:08:38,083
Men hit on her.
179
00:08:38,085 --> 00:08:40,285
It's not her fault.
180
00:08:40,287 --> 00:08:42,220
What about
the boyfriend?
Gary?
181
00:08:42,222 --> 00:08:46,625
He's sweet, but Andrea
has a good imagination.
182
00:08:46,627 --> 00:08:48,860
Marriage, fiancé?
183
00:08:48,862 --> 00:08:50,061
He's 18.
184
00:08:50,063 --> 00:08:51,830
I got married,
I was 20.
185
00:08:51,832 --> 00:08:54,666
It's a different generation,
Sergeant.
186
00:08:54,668 --> 00:08:57,068
Mm-hmm.
187
00:08:57,070 --> 00:08:59,070
Do you want my opinion?
188
00:08:59,072 --> 00:09:02,173
Andrea doesn't know
who the hell she is.
189
00:09:08,248 --> 00:09:10,582
She said I was her fiancé?
190
00:09:10,584 --> 00:09:12,951
We just dated, that's all.
191
00:09:12,953 --> 00:09:14,219
Did you have a date
with her last night?
192
00:09:14,221 --> 00:09:16,221
What's this about?
193
00:09:16,222 --> 00:09:18,222
Andrea says she was raped at
your fraternity house last night
194
00:09:18,225 --> 00:09:19,925
during the Halloween party.
195
00:09:20,894 --> 00:09:23,028
Oh, my God.
196
00:09:23,030 --> 00:09:24,963
Did you see her there?
197
00:09:24,965 --> 00:09:27,132
Why would she be there?
198
00:09:27,134 --> 00:09:28,934
We-We broke up.
199
00:09:28,936 --> 00:09:31,069
Why did you break up
with her, Gary?
200
00:09:33,006 --> 00:09:37,709
I met her...
she's, uh, very sophisticated.
201
00:09:37,711 --> 00:09:40,946
Dating a sophomore,
it made me feel good.
202
00:09:43,584 --> 00:09:46,217
I found out some things
about her.
203
00:09:46,219 --> 00:09:48,954
When you broke it off,
was she very upset?
204
00:09:48,956 --> 00:09:51,623
She called me all the time,
showed up at my classes.
205
00:09:51,625 --> 00:09:53,892
The whole thing
got out of control.
206
00:09:53,894 --> 00:09:56,928
It's funny, she doesn't seem
that intimidating to me.
207
00:09:56,930 --> 00:09:59,130
I never knew what she'd do next.
208
00:09:59,132 --> 00:10:01,199
Want to see what I mean?
209
00:10:04,137 --> 00:10:06,037
This is the last letter
she sent me.
210
00:10:06,039 --> 00:10:08,006
Mm-hmm.
211
00:10:09,676 --> 00:10:13,712
"If you hurt me,
I promise I'll hurt you worse.
212
00:10:13,714 --> 00:10:15,947
I'll ruin your life."
213
00:10:20,253 --> 00:10:22,020
Boyfriend says she's wacko.
214
00:10:22,022 --> 00:10:23,622
She says they're
going to get married.
215
00:10:23,624 --> 00:10:24,756
They're kids; that's
how they talk.
216
00:10:24,758 --> 00:10:25,991
She comes on to guys.
217
00:10:25,993 --> 00:10:27,626
She doesn't mean to.
218
00:10:27,628 --> 00:10:29,761
And she can't quite point
the finger at who raped her.
219
00:10:29,763 --> 00:10:31,446
What the hell
do you want?
220
00:10:31,447 --> 00:10:33,130
Signed confessions from the
boys and a dozen witnesses?
221
00:10:33,133 --> 00:10:36,167
What I want is a victim
who can testify
222
00:10:36,169 --> 00:10:37,769
to the DA
without killing the case.
223
00:10:37,771 --> 00:10:40,305
Right now, they'd be lucky
to get an indictment.
224
00:10:40,307 --> 00:10:43,708
Let's talk to the roommate.
225
00:10:43,710 --> 00:10:45,310
After Barbara and I
moved in last year,
226
00:10:45,312 --> 00:10:47,145
they raised the rent.
227
00:10:47,147 --> 00:10:49,714
We put up a notice,
Andrea called.
228
00:10:49,716 --> 00:10:51,249
She took the apartment
sight unseen.
229
00:10:51,251 --> 00:10:53,284
Mm.
That's a little
impulsive.
230
00:10:53,286 --> 00:10:54,786
That's Andrea.
231
00:10:54,788 --> 00:10:57,222
Changes courses every other day.
232
00:10:57,224 --> 00:10:58,790
Boyfriends, too?
233
00:10:58,792 --> 00:11:00,325
No more
than most women today.
234
00:11:00,327 --> 00:11:01,793
That's one man's opinion.
235
00:11:01,795 --> 00:11:04,663
Okay, maybe a little
more than most,
236
00:11:04,665 --> 00:11:06,765
but she was frank
about it.
237
00:11:06,767 --> 00:11:07,799
She likes men.
238
00:11:07,801 --> 00:11:10,001
There's nothing wrong
with that.
239
00:11:10,003 --> 00:11:11,436
When Andrea got back
from the hospital,
240
00:11:11,438 --> 00:11:13,104
did she talk about anything
that happened?
241
00:11:13,106 --> 00:11:15,373
Yeah, she said
she had been raped.
242
00:11:15,375 --> 00:11:17,776
Any details?
243
00:11:17,778 --> 00:11:20,178
Well, it was all
pretty confused.
244
00:11:20,180 --> 00:11:23,048
There was something
about a room,
245
00:11:23,050 --> 00:11:24,783
everything going dark.
246
00:11:24,785 --> 00:11:26,785
She was very
shaken up.
247
00:11:26,787 --> 00:11:29,287
So she seemed like a women
who'd just been raped?
248
00:11:29,289 --> 00:11:31,289
Geez, yes.
249
00:11:31,291 --> 00:11:34,459
She was hurt, angry.
250
00:11:34,461 --> 00:11:36,761
Did you get any read off her?
251
00:11:36,763 --> 00:11:38,129
After 50 minutes?
252
00:11:38,131 --> 00:11:39,698
How about some
top-of-the-mind,
253
00:11:39,700 --> 00:11:42,701
inadmissible,
subjective impressions?
254
00:11:42,703 --> 00:11:45,170
Just as long as you don't go
out on a limb.
255
00:11:45,172 --> 00:11:48,773
Is it just me or all women
with triple-digit IQs?
256
00:11:48,775 --> 00:11:51,409
Well, you're the only one
I know, Doc.
257
00:11:51,411 --> 00:11:53,011
Andrea Fermi?
258
00:11:53,013 --> 00:11:56,114
Do I think she consented
to have sex? No.
259
00:11:56,116 --> 00:11:59,050
Do I think she's
emotionally disturbed? Yes.
260
00:11:59,052 --> 00:12:00,385
How disturbed?
261
00:12:00,387 --> 00:12:03,788
Disturbed enough
that she needs to be in therapy.
262
00:12:03,790 --> 00:12:06,458
It's not uncommon,
and she fits the profile:
263
00:12:06,460 --> 00:12:07,859
Parents divorced,
264
00:12:07,861 --> 00:12:11,029
desperation for a relationship
with a male,
265
00:12:11,031 --> 00:12:13,732
inability to tolerate
rejection, making threats.
266
00:12:13,734 --> 00:12:16,234
Look, girls are bombarded
with images
267
00:12:16,236 --> 00:12:18,236
of who they should be
to get boys:
268
00:12:18,238 --> 00:12:20,472
ads, movies, Madonna.
269
00:12:20,474 --> 00:12:23,041
They end up playing
a stereotypical role:
270
00:12:23,043 --> 00:12:26,077
a highly-sexualized adult woman.
271
00:12:26,079 --> 00:12:28,780
But in reality, they're just
children seeking approval.
272
00:12:28,782 --> 00:12:30,749
Was she raped or not?
273
00:12:30,751 --> 00:12:33,218
I'd say absolutely, but...
274
00:12:33,220 --> 00:12:34,753
But what?
275
00:12:34,755 --> 00:12:37,055
Based on her previous
sexual behavior,
276
00:12:37,057 --> 00:12:39,290
the boys
may have convinced themselves
277
00:12:39,292 --> 00:12:41,192
that she didn't care.
278
00:12:45,432 --> 00:12:47,065
DNA test on the samples
279
00:12:47,067 --> 00:12:49,200
gives us intercourse
with two men.
280
00:12:49,202 --> 00:12:50,802
You still need
proof of that rape.
281
00:12:50,804 --> 00:12:52,287
Not in court, you don't.
282
00:12:52,288 --> 00:12:53,771
The law says
no corroboration necessary.
283
00:12:53,774 --> 00:12:56,307
Fine, but without
it, you don't get a
conviction from a jury.
284
00:12:56,309 --> 00:12:58,076
Unfortunately, he's right.
285
00:12:58,077 --> 00:12:59,844
She was drunk, and her rep
ain't exactly spotless.
286
00:12:59,846 --> 00:13:02,147
Okay, so all the men
and half the women
287
00:13:02,149 --> 00:13:03,815
are going to say
she was asking for it.
288
00:13:03,817 --> 00:13:05,450
Date rape, maybe.
289
00:13:05,452 --> 00:13:07,085
But this?
290
00:13:07,087 --> 00:13:09,354
Nobody asks to be gang-raped.
291
00:13:09,356 --> 00:13:11,790
Just go talk to her.
292
00:13:11,792 --> 00:13:13,175
Tell her
what the problems are.
293
00:13:13,176 --> 00:13:14,559
Maybe she'll give you
something else.
294
00:13:16,830 --> 00:13:18,797
FERMI:
All right, so I was drunk,
295
00:13:18,799 --> 00:13:20,799
and I'm not a virgin.
296
00:13:20,801 --> 00:13:22,534
So I'm not the perfect victim.
297
00:13:22,536 --> 00:13:24,536
If those boys say
they never saw her,
298
00:13:24,538 --> 00:13:26,672
they're lying.
299
00:13:26,673 --> 00:13:28,807
Mrs. Fermi, we are trying
to help your daughter.
300
00:13:28,809 --> 00:13:30,208
You heard from Gary lately?
301
00:13:30,210 --> 00:13:32,811
No...
302
00:13:32,813 --> 00:13:36,815
but then I guess what do you say
to a raped fiancé?
303
00:13:36,817 --> 00:13:38,950
He told us you weren't engaged.
304
00:13:42,489 --> 00:13:44,856
I guess
that's what you say.
305
00:13:44,858 --> 00:13:46,391
He said you two had broken up,
306
00:13:46,393 --> 00:13:47,826
and there was no
date for the party.
307
00:13:47,828 --> 00:13:49,561
Well, that's not true!
308
00:13:49,562 --> 00:13:51,295
And he did invite me
to the party.
309
00:13:51,298 --> 00:13:52,864
Well, I guess he's lying, too.
310
00:13:55,368 --> 00:13:58,169
I don't believe that he said
we weren't engaged.
311
00:13:58,171 --> 00:13:59,304
And that you threatened him.
312
00:13:59,306 --> 00:14:00,505
He showed us a letter.
313
00:14:00,507 --> 00:14:02,507
One of my letters?
Mm-hmm.
314
00:14:02,509 --> 00:14:04,576
Show them his, Andrea.
315
00:14:15,856 --> 00:14:17,589
"You've changed my life.
316
00:14:17,591 --> 00:14:19,591
"I want that change
to be permanent.
317
00:14:19,593 --> 00:14:21,626
Don't be shocked, but...
318
00:14:21,628 --> 00:14:24,929
I want to marry you."
319
00:14:28,401 --> 00:14:32,437
Now which one of us is lying?
320
00:14:34,641 --> 00:14:36,474
BURNHAM:
Okay, in the heat of the moment
321
00:14:36,476 --> 00:14:38,643
I wrote something foolish.
322
00:14:38,645 --> 00:14:41,246
Not to mention
lying to us.
323
00:14:41,248 --> 00:14:44,082
You guys, you
don't know Andrea.
324
00:14:44,084 --> 00:14:46,417
She got crazy;
she scared me.
325
00:14:46,419 --> 00:14:48,653
But you're still saying
you didn't see her at the party
326
00:14:48,655 --> 00:14:50,455
and know nothing about the rape?
327
00:14:52,425 --> 00:14:53,892
Like I told you.
328
00:14:53,894 --> 00:14:55,660
CERRETA:
Why don't you
talk to her?
329
00:14:55,662 --> 00:14:57,562
This is a girl you wanted
to marry.
330
00:14:57,563 --> 00:14:59,463
She gets raped, you don't even
call to see how she is?
331
00:14:59,466 --> 00:15:02,166
They said it would be
better if I didn't.
332
00:15:02,168 --> 00:15:03,968
They?
333
00:15:06,907 --> 00:15:10,174
Ted, Joel--
all the officers.
334
00:15:15,148 --> 00:15:18,049
As vice president,
I warned Gary.
335
00:15:18,051 --> 00:15:21,185
These allegations could damage
the fraternity.
336
00:15:21,187 --> 00:15:24,088
You warned him
not to speak to Andrea?
337
00:15:24,090 --> 00:15:27,592
Well, we were told it's better
if there's no contact
338
00:15:27,594 --> 00:15:29,160
between any house members
and Andrea.
339
00:15:29,162 --> 00:15:31,129
Mm-hmm, yeah,
Gary's a pledge,
340
00:15:31,131 --> 00:15:33,031
So that applies
to him, too.
341
00:15:33,033 --> 00:15:34,699
Hey, we're glad
to cooperate,
342
00:15:34,701 --> 00:15:36,167
but we were also told
343
00:15:36,169 --> 00:15:38,202
since Joel and I are mentioned
by name,
344
00:15:38,204 --> 00:15:40,638
that we shouldn't talk to you
without counsel present.
345
00:15:40,640 --> 00:15:42,540
That's your legal right.
346
00:15:42,542 --> 00:15:44,676
We're sorry about Andrea.
347
00:15:44,678 --> 00:15:49,080
It's just we wish she wouldn't
have fantasies on our premises.
348
00:15:49,082 --> 00:15:51,082
On your premises?
349
00:15:51,084 --> 00:15:53,685
I thought she wasn't here
that night?
350
00:15:53,687 --> 00:15:56,988
LOGAN:
Just to double-check.
351
00:15:56,990 --> 00:15:59,157
None of you went upstairs
for even a few minutes
352
00:15:59,159 --> 00:16:01,025
the entire night, right?
353
00:16:01,027 --> 00:16:03,161
ALL:
No.
354
00:16:05,298 --> 00:16:08,199
Did someone mention
the word "cooperation"?
355
00:16:08,201 --> 00:16:10,702
Try different questions.
356
00:16:10,704 --> 00:16:12,337
Maybe we try
different people.
357
00:16:12,339 --> 00:16:15,206
You have the list
of your party guests
358
00:16:15,208 --> 00:16:17,041
and your employees
for that party?
359
00:16:17,043 --> 00:16:18,209
We'd be glad to get you one.
360
00:16:18,211 --> 00:16:19,544
But there's always crashers.
361
00:16:19,546 --> 00:16:22,213
Yeah, from on and off campus.
362
00:16:22,215 --> 00:16:26,517
Hey, if there really was a rape,
it could have been anyone.
363
00:16:26,519 --> 00:16:28,353
Okay, the boyfriend
did lie.
364
00:16:28,355 --> 00:16:30,254
That kid knows something.
365
00:16:30,256 --> 00:16:32,090
I think what he knows
is how to take orders
366
00:16:32,092 --> 00:16:34,092
from his upperclassmen
and keep his mouth shut.
367
00:16:34,094 --> 00:16:37,195
A six-hour party--
nobody sees anybody go upstairs?
368
00:16:37,197 --> 00:16:38,663
Nobody goes upstairs himself?
369
00:16:38,665 --> 00:16:41,132
Yeah, right, like they
don't serve liquor to minors.
370
00:16:41,134 --> 00:16:43,418
What?
A misdemeanor charge?
371
00:16:43,419 --> 00:16:45,703
You think that's going
to crack the wall of silence?
372
00:16:45,705 --> 00:16:48,239
All right,
we got 70, 80 names here.
373
00:16:48,241 --> 00:16:49,741
Probably take us
right up to retirement.
374
00:16:49,743 --> 00:16:51,943
I would start with anybody
who isn't, wasn't,
375
00:16:51,944 --> 00:16:54,144
and never will be a member
of that fraternity.
376
00:16:54,147 --> 00:16:57,115
Maybe she wasn't there.
377
00:16:57,117 --> 00:16:58,950
We get one more no,
378
00:16:58,951 --> 00:17:00,784
you got to think everybody
was as drunk as she was.
379
00:17:00,787 --> 00:17:03,054
Who's next?
380
00:17:05,025 --> 00:17:07,025
Sorry, I might
have served her,
381
00:17:07,027 --> 00:17:09,360
but there were
at least 100 kids there.
382
00:17:09,362 --> 00:17:10,762
He must have
some eyesight, huh?
383
00:17:10,764 --> 00:17:12,797
I can't help you.
384
00:17:12,799 --> 00:17:14,265
Hey, listen, come here.
385
00:17:14,267 --> 00:17:17,135
You think you served
any underage kids there?
386
00:17:17,137 --> 00:17:18,169
Oh, come on.
387
00:17:18,171 --> 00:17:20,271
Maybe we could find a few.
388
00:17:20,273 --> 00:17:22,173
All right, listen,
I'll level with you.
389
00:17:22,175 --> 00:17:25,710
I did two years' hard time,
and I'm almost off parole.
390
00:17:25,712 --> 00:17:28,379
Working parties and bartending
is a no-no.
391
00:17:28,381 --> 00:17:31,049
Cool it, we're not
the parole division.
392
00:17:31,051 --> 00:17:32,116
All right.
393
00:17:32,118 --> 00:17:34,118
Pigtails had on
the wrong costume.
394
00:17:34,120 --> 00:17:36,120
She looked like
a little girl,
395
00:17:36,122 --> 00:17:38,723
but she can drink like
a sand dune.
396
00:17:38,725 --> 00:17:40,091
How much?
397
00:17:40,093 --> 00:17:41,726
Eight or ten shots, easy.
398
00:17:41,728 --> 00:17:44,162
Yeah, enough to put me
into a long dream.
399
00:17:44,164 --> 00:17:46,697
Anybody follow her,
you know, go upstairs?
400
00:17:46,699 --> 00:17:48,166
Well, I was tracking her.
401
00:17:48,168 --> 00:17:50,201
I thought she might be my score
for the night,
402
00:17:50,203 --> 00:17:51,836
but she staggered out
with some guy.
403
00:17:51,838 --> 00:17:53,404
That was the last I saw of her.
404
00:17:53,406 --> 00:17:55,773
Would you recognize this guy
if you saw him again?
405
00:17:55,775 --> 00:17:57,075
No. Too dark.
406
00:17:57,077 --> 00:17:59,177
His mask was
half off his face--
407
00:17:59,179 --> 00:18:00,344
some costume...
408
00:18:00,346 --> 00:18:02,447
What kind of costume--
an animal?
409
00:18:02,449 --> 00:18:03,848
Yeah, that's right.
410
00:18:03,850 --> 00:18:06,217
Yeah. What kind of animal?
411
00:18:06,219 --> 00:18:07,652
( chuckling ):
Sorry.
412
00:18:07,654 --> 00:18:09,620
It had big ears.
413
00:18:09,622 --> 00:18:12,290
If that's any help.
414
00:18:13,226 --> 00:18:15,326
At least we know
she was there.
415
00:18:15,328 --> 00:18:17,728
Oh, yeah, with an animal
that has big ears.
416
00:18:17,730 --> 00:18:19,330
Where does that get us?
417
00:18:19,332 --> 00:18:21,199
Two steps ahead
of where we were yesterday.
418
00:18:21,201 --> 00:18:22,733
With no corroboration.
419
00:18:22,735 --> 00:18:25,636
Oh, gee, Mike
why don't we just quit?
420
00:18:25,638 --> 00:18:27,638
Next up,
Gail, Stuart Carradine,
421
00:18:27,640 --> 00:18:29,674
grad students.
422
00:18:29,676 --> 00:18:31,742
Good.
Very good.
423
00:18:31,744 --> 00:18:33,211
We were only there
for a half an hour.
424
00:18:33,213 --> 00:18:34,479
We're not, uh...
425
00:18:34,481 --> 00:18:36,380
My wife and I aren't
really party people, so...
426
00:18:36,382 --> 00:18:39,150
So, nothing strange happened?
427
00:18:41,221 --> 00:18:43,488
It was Halloween...
but rape?
428
00:18:43,490 --> 00:18:45,890
No.
429
00:18:45,892 --> 00:18:47,692
( coughing )
430
00:18:48,795 --> 00:18:50,895
Excuse me, may I have
some water?
431
00:18:50,897 --> 00:18:52,263
Sure.
432
00:18:52,265 --> 00:18:54,265
Thank you.
433
00:18:57,237 --> 00:18:59,237
Must be something in the air.
434
00:18:59,239 --> 00:19:01,305
I feel like
I'm swallowing ashes.
435
00:19:05,245 --> 00:19:07,245
It doesn't take Sigmund Freud
436
00:19:07,247 --> 00:19:09,247
to see that you're nervous,
Gail.
437
00:19:09,249 --> 00:19:10,681
( sighs )
438
00:19:10,683 --> 00:19:12,183
Can you believe it?
439
00:19:12,185 --> 00:19:13,384
I was a ballerina.
440
00:19:13,386 --> 00:19:14,785
I felt ridiculous.
441
00:19:14,787 --> 00:19:16,787
I didn't even want to go,
442
00:19:16,789 --> 00:19:18,923
and all those TPs act like
they own the world.
443
00:19:18,925 --> 00:19:20,525
Stuart used to be president.
444
00:19:20,527 --> 00:19:22,927
Thought he had outgrown
all that crap.
445
00:19:22,929 --> 00:19:26,297
We went upstairs.
446
00:19:26,299 --> 00:19:28,699
I went to the bathroom.
What the hell
are you doing?
447
00:19:28,701 --> 00:19:30,168
What are you telling him?
Just what I saw.
448
00:19:30,170 --> 00:19:31,402
It's none
of their business.
449
00:19:31,404 --> 00:19:34,238
This is rape,
not a college prank.
450
00:19:35,775 --> 00:19:38,843
Go ahead.
This is our business.
451
00:19:38,845 --> 00:19:40,912
I came out
of the bathroom,
452
00:19:40,914 --> 00:19:43,414
and I saw two guys
on the stairs
453
00:19:43,416 --> 00:19:45,816
and one of them said,
"Come on, she's there.
454
00:19:45,818 --> 00:19:47,285
Let's go, let's go."
455
00:19:47,287 --> 00:19:48,853
That could have meant
anything
456
00:19:48,854 --> 00:19:50,420
and you can't be sure who,
'cause it was dark.
457
00:19:50,423 --> 00:19:51,789
I'm sure, Stuart.
458
00:19:51,791 --> 00:19:56,227
One of them was
Joel Holder.
459
00:19:56,229 --> 00:19:59,230
Yeah? Well, it's a mistake,
or it's a lie.
460
00:19:59,232 --> 00:20:01,966
Hey, look, it couldn't
have been me, all right?
461
00:20:01,968 --> 00:20:03,834
I'm sure it is
a mistake, Joel.
462
00:20:03,836 --> 00:20:05,236
Why don't you clear it up?
463
00:20:05,238 --> 00:20:07,505
Yeah, just get
a blood test.
464
00:20:07,507 --> 00:20:09,974
It will show that you didn't
have sex with the girl.
465
00:20:09,976 --> 00:20:12,843
Okay... okay, all right.
466
00:20:12,845 --> 00:20:14,312
No problem.
467
00:20:14,314 --> 00:20:15,580
We got a deal.
468
00:20:15,582 --> 00:20:16,981
When?
469
00:20:16,983 --> 00:20:20,451
( music blasting )
470
00:20:20,453 --> 00:20:21,452
They say
471
00:20:21,454 --> 00:20:24,322
somebody saw me upstairs.
472
00:20:24,324 --> 00:20:25,456
No way.
473
00:20:25,458 --> 00:20:27,458
We were with him
all night.
474
00:20:27,460 --> 00:20:29,394
LOGAN:
Oh, yeah?
475
00:20:29,395 --> 00:20:31,329
Well, Joel here is going
to take a blood test,
476
00:20:31,331 --> 00:20:33,264
and we'll get this over with.
477
00:20:33,266 --> 00:20:35,299
Nobody's taking
any blood test.
478
00:20:36,769 --> 00:20:38,803
We're calling our lawyers.
479
00:20:41,307 --> 00:20:43,474
Fine.
480
00:20:43,476 --> 00:20:45,009
They still have witnesses
who say
481
00:20:45,011 --> 00:20:46,877
they never left the first
floor during the party.
482
00:20:46,879 --> 00:20:48,446
Under oath, maybe not.
483
00:20:48,448 --> 00:20:49,580
Holder said he would give blood?
484
00:20:49,582 --> 00:20:51,282
CERRETA:
My guess is he did it,
485
00:20:51,284 --> 00:20:52,917
but he knows
he didn't leave a souvenir.
486
00:20:52,919 --> 00:20:55,319
How good is this Gail Carradine?
487
00:20:55,321 --> 00:20:57,021
The husband
didn't break her.
488
00:20:57,023 --> 00:20:59,357
We got Holder on the third
floor at the right time.
489
00:20:59,359 --> 00:21:01,259
But no Campion.
490
00:21:01,261 --> 00:21:03,327
She believes these guys did it.
491
00:21:03,329 --> 00:21:05,296
My call? Pick them up.
492
00:21:06,866 --> 00:21:08,299
All right, do it.
493
00:21:27,053 --> 00:21:29,954
Holder and Campion.
494
00:21:29,956 --> 00:21:31,922
Back up.
495
00:21:31,924 --> 00:21:35,393
Come on, come
on, let's go.
496
00:21:35,395 --> 00:21:36,927
( inmates hooting )
497
00:21:36,929 --> 00:21:38,496
We want to call
our lawyers.
498
00:21:38,498 --> 00:21:39,864
In a minute.
499
00:21:39,866 --> 00:21:40,931
You can't do this to us.
500
00:21:40,933 --> 00:21:43,968
Oh, sure, we can.
501
00:21:43,970 --> 00:21:45,970
INMATE:
Hey, sweet cheeks.
502
00:21:45,972 --> 00:21:49,340
I see
my girlfriend now.
503
00:21:49,342 --> 00:21:51,042
Take a right.
504
00:21:52,979 --> 00:21:55,079
Okay, gentlemen,
505
00:21:55,081 --> 00:21:56,981
toes on the line.
Got them?
506
00:21:56,983 --> 00:22:00,051
I want pictures of every inch
of their bodies.
507
00:22:00,053 --> 00:22:03,521
I don't want any
police brutality claims here.
508
00:22:18,438 --> 00:22:20,838
Judge, a blood test
at this time seems premature.
509
00:22:20,840 --> 00:22:23,341
We'll present
to the grand jury next week.
510
00:22:23,343 --> 00:22:24,875
Miss Gifford?
511
00:22:24,877 --> 00:22:26,944
My client, Joel Holder,
is perfectly willing
512
00:22:26,946 --> 00:22:28,979
to give a blood sample.
513
00:22:28,981 --> 00:22:32,817
The prosecutor's information
looks good to me, Mr. Gould.
514
00:22:32,819 --> 00:22:33,918
I'm signing this order
for both Holder
515
00:22:33,920 --> 00:22:36,787
and for your client,
Mr. Campion.
516
00:22:36,789 --> 00:22:40,391
The detectives may approve
the transfer to Rikers,
517
00:22:40,393 --> 00:22:43,661
where the defendants
will give blood samples.
518
00:22:43,663 --> 00:22:45,429
Nice work, gentlemen.
519
00:22:45,431 --> 00:22:47,398
Four-probe DNA match
on Campion.
520
00:22:47,400 --> 00:22:50,935
It's not so good on Holder--
two-probe, bad sample.
521
00:22:50,937 --> 00:22:53,804
I forget what that says
about the odds.
522
00:22:53,806 --> 00:22:55,806
We got a witness on Holder.
523
00:22:55,808 --> 00:22:57,808
We're going to need
more than that.
524
00:22:57,810 --> 00:23:01,011
They filed a civil suit
against the girl.
525
00:23:01,013 --> 00:23:02,747
Defamation and slander.
526
00:23:02,749 --> 00:23:04,782
CERRETA:
So what?
Public relations.
527
00:23:04,784 --> 00:23:07,752
No, Ezra Gould is not
that kind of lawyer.
528
00:23:07,754 --> 00:23:09,754
If he goes through
with it...
529
00:23:09,756 --> 00:23:11,489
He has something
exculpatory.
530
00:23:11,491 --> 00:23:16,494
They must know something about
that night that we don't, huh?
531
00:23:20,032 --> 00:23:21,532
You don't know what happened,
I do.
532
00:23:21,534 --> 00:23:22,967
What is the agenda here?
533
00:23:22,969 --> 00:23:25,703
Don't go to the grand jury,
we'll drop the civil suit.
534
00:23:25,705 --> 00:23:26,771
You're asking us
to play blind.
535
00:23:26,773 --> 00:23:27,905
Tell us what you have.
536
00:23:27,906 --> 00:23:29,038
What if it
doesn't force you to drop?
537
00:23:29,041 --> 00:23:30,408
We're not handing you
our case.
538
00:23:30,410 --> 00:23:31,942
Ezra, are we on
the same planet?
539
00:23:31,944 --> 00:23:34,011
We have a DNA match
on your clients.
540
00:23:34,013 --> 00:23:35,746
Proves sex, not rape.
541
00:23:35,748 --> 00:23:37,748
You have zero
on Mr. Holder.
542
00:23:37,750 --> 00:23:40,017
It's a lousy case, and you're
ruining these boys' lives.
543
00:23:40,019 --> 00:23:42,453
No, these boys ruined
Andrea Fermi's life,
544
00:23:42,455 --> 00:23:44,722
and we're trying
to make them pay for it.
545
00:23:44,724 --> 00:23:48,492
The college is concerned
about a trial.
546
00:23:48,494 --> 00:23:49,627
Are they concerned
547
00:23:49,629 --> 00:23:50,995
about their drunken
fraternity boys
548
00:23:50,997 --> 00:23:52,062
raping a girl?
549
00:23:52,064 --> 00:23:53,798
You think the civil suit
is a ploy?
550
00:23:53,800 --> 00:23:55,566
It's a chess game.
551
00:23:55,568 --> 00:23:58,836
There's a pawn on the board
that we don't know.
552
00:23:58,838 --> 00:24:01,038
Where will you go with
the alcohol problem?
553
00:24:01,040 --> 00:24:03,741
She was legally drunk--
no capacity to consent.
554
00:24:03,743 --> 00:24:05,843
Legally drunk to drive,
555
00:24:05,845 --> 00:24:08,813
but appearances
can be deceiving.
556
00:24:08,815 --> 00:24:12,883
I have two shots of gin--
that can roll me into bed.
557
00:24:12,885 --> 00:24:14,618
She has four.
558
00:24:14,620 --> 00:24:16,887
She may look perfectly coherent.
559
00:24:16,889 --> 00:24:18,789
Adam, she passed out
on the street.
560
00:24:18,791 --> 00:24:21,659
Iffy. Did she pass out
in that room?
561
00:24:21,661 --> 00:24:23,678
You don't like this
without sugar?
562
00:24:23,679 --> 00:24:25,696
You know the boys are getting
better press play.
563
00:24:25,698 --> 00:24:27,798
What does that tell you?
They'll get better play
from a jury.
564
00:24:27,800 --> 00:24:29,567
Thank you, Paul.
565
00:24:29,569 --> 00:24:30,901
What do you
want to do?
566
00:24:30,903 --> 00:24:32,636
Forget about the law.
567
00:24:32,638 --> 00:24:35,039
Pretend you're a jury,
and find somebody
568
00:24:35,041 --> 00:24:38,576
who will testify that she
wasn't in any condition
569
00:24:38,578 --> 00:24:40,611
to say yes or no.
570
00:24:42,548 --> 00:24:44,682
Well, it doesn't matter
what happens now.
571
00:24:44,684 --> 00:24:46,650
Nobody's ever
going to believe me.
572
00:24:46,652 --> 00:24:49,653
The civil suit is a problem,
because the only way
573
00:24:49,655 --> 00:24:52,656
it makes sense is
if they have a witness--
574
00:24:52,658 --> 00:24:54,925
someone to convince the jury
that you consented.
575
00:24:54,927 --> 00:24:57,061
I didn't!
576
00:24:57,063 --> 00:24:59,997
Plus whatever they have
in their back pocket.
577
00:24:59,999 --> 00:25:02,700
The front pocket
looks pretty good.
578
00:25:02,702 --> 00:25:03,934
You did know the boys.
579
00:25:03,936 --> 00:25:05,769
Not that well. Not...
580
00:25:08,641 --> 00:25:11,108
I'm tired of feeling
like a slut.
581
00:25:12,712 --> 00:25:15,679
Have you talked to Gary Burnham?
582
00:25:15,681 --> 00:25:16,780
No.
583
00:25:16,782 --> 00:25:18,749
Why?
584
00:25:18,751 --> 00:25:21,752
The police think he's frightened
about something.
585
00:25:21,754 --> 00:25:24,722
Did he... participate
in the rape?
586
00:25:24,724 --> 00:25:27,658
No. I... I don't even think
he was there.
587
00:25:27,660 --> 00:25:28,893
I mean, I didn't see him.
588
00:25:28,895 --> 00:25:30,761
The bartender remembers you.
589
00:25:30,763 --> 00:25:33,631
He says you went upstairs
with a man in a costume.
590
00:25:33,633 --> 00:25:35,032
Something about big ears.
591
00:25:35,034 --> 00:25:37,034
We went through this.
592
00:25:37,036 --> 00:25:38,903
I don't remember.
593
00:25:38,905 --> 00:25:40,905
Think.
594
00:25:40,907 --> 00:25:42,907
Maybe.
595
00:25:42,909 --> 00:25:45,042
I don't know.
596
00:25:45,044 --> 00:25:47,845
Maybe it could have been
a... mouse.
597
00:25:50,650 --> 00:25:52,983
With big, black ears.
598
00:25:56,956 --> 00:26:01,959
Then again, maybe I'm just
imagining that, too.
599
00:26:03,829 --> 00:26:05,829
We've been through this
50 times--
600
00:26:05,831 --> 00:26:07,598
no rabbit costume,
no mouse.
601
00:26:07,600 --> 00:26:08,933
You know, the bartender
said ears.
602
00:26:08,935 --> 00:26:10,801
Andrea said
black ears.
603
00:26:10,803 --> 00:26:12,670
That's a major contribution.
604
00:26:12,672 --> 00:26:15,205
Little Bo Peep, Batman,
Master of the Universe
605
00:26:15,207 --> 00:26:16,707
Abraham Lincoln,
Lee Iacocca...
606
00:26:16,709 --> 00:26:17,808
What?
607
00:26:17,810 --> 00:26:18,943
I don't know;
they're college kids.
608
00:26:18,945 --> 00:26:20,010
Ronald Reagan,
Nancy Reagan,
609
00:26:20,012 --> 00:26:23,147
Wonder Woman,
Snoopy, Spiderman...
610
00:26:25,084 --> 00:26:26,684
Snoopy?
611
00:26:26,686 --> 00:26:28,752
Let me have that card.
612
00:26:30,656 --> 00:26:33,857
Hubble's law
of the critical energy density.
613
00:26:33,859 --> 00:26:35,626
Beautiful, huh?
614
00:26:35,628 --> 00:26:37,695
Little school girl,
white knee socks--
615
00:26:37,697 --> 00:26:39,697
she said she was with you.
616
00:26:39,699 --> 00:26:42,700
She said she felt sick,
had too much to drink,
617
00:26:42,702 --> 00:26:44,702
so I took her
to the bathroom.
618
00:26:44,704 --> 00:26:46,604
You leave her there?
619
00:26:46,606 --> 00:26:48,739
No. I came back down
and had a drink.
620
00:26:48,741 --> 00:26:51,842
I got worried
when she didn't show, so, um...
621
00:26:51,844 --> 00:26:53,844
I have to testify
about this?
622
00:26:53,846 --> 00:26:55,846
You might have to, yes.
623
00:26:55,848 --> 00:26:58,749
Look, I have a lot of work
to do here,
624
00:26:58,751 --> 00:27:01,185
so I really shouldn't
have said anything.
625
00:27:01,187 --> 00:27:03,187
You should have told
the police.
626
00:27:03,189 --> 00:27:06,056
At the time,
I didn't make the connection.
627
00:27:06,058 --> 00:27:07,825
Absentminded physicist?
628
00:27:07,827 --> 00:27:10,661
You don't look
that out of it, Mr. Collins.
629
00:27:12,264 --> 00:27:14,264
I went to look for her.
630
00:27:14,266 --> 00:27:17,267
She came stumbling
out of her room.
631
00:27:17,269 --> 00:27:19,136
Look, these jocks...
632
00:27:19,138 --> 00:27:21,839
I mean, if I testify,
they're going to...
633
00:27:21,841 --> 00:27:24,842
We can always finish
this conversation in court.
634
00:27:27,813 --> 00:27:29,847
Okay, Joel runs out.
635
00:27:29,849 --> 00:27:31,815
He throws his arms
around her
636
00:27:31,817 --> 00:27:34,084
and sort of...
carries her back in.
637
00:27:34,086 --> 00:27:35,753
Joel Holder?
638
00:27:35,755 --> 00:27:39,089
Yeah. Joel Holder.
639
00:27:40,926 --> 00:27:43,193
SCHIFF:
What would you settle for?
640
00:27:43,195 --> 00:27:45,829
If he'll roll on Campion,
rape three.
641
00:27:45,831 --> 00:27:47,765
Maybe toss in menacing.
642
00:27:47,767 --> 00:27:49,833
With the questionable DNA,
643
00:27:49,835 --> 00:27:51,168
rape one is going
to be tough, anyway.
644
00:27:51,170 --> 00:27:52,870
Even with the witnesses.
645
00:27:52,872 --> 00:27:55,373
I hate to roll him, Adam,
646
00:27:55,374 --> 00:27:57,875
but the closer we get to trial,
I'd be happy with anything
647
00:27:57,877 --> 00:27:59,810
before we get hit
with whatever Holder
648
00:27:59,812 --> 00:28:01,779
and Campion's lawyers
have under their hats.
649
00:28:01,781 --> 00:28:04,748
So far, we're basically
shooting blanks.
650
00:28:04,750 --> 00:28:06,850
Set up a meeting
with her tomorrow.
651
00:28:06,852 --> 00:28:08,285
Maybe she'll be ready
to plead him out.
652
00:28:08,287 --> 00:28:10,988
Yeah, I hope so.
653
00:28:10,990 --> 00:28:13,824
Newspapers make their stories
up, just like your defendant.
654
00:28:13,826 --> 00:28:15,693
Rape third degree,
menacing
655
00:28:15,695 --> 00:28:17,027
with a leniency
recommendation.
656
00:28:17,029 --> 00:28:18,195
That could still
mean prison.
657
00:28:18,197 --> 00:28:20,247
Oh, I'm not going
to jail.
658
00:28:20,248 --> 00:28:22,298
If you're convicted, a
jury will send you away
for longer than we do.
659
00:28:22,301 --> 00:28:24,802
Mm-hmm, so you want me to lie,
betray my friend,
660
00:28:24,804 --> 00:28:26,804
and go to jail
for doing this.
661
00:28:26,806 --> 00:28:28,906
A witness saw you dragging her
from the room.
662
00:28:28,908 --> 00:28:30,007
I wasn't dragging her!
Joel.
663
00:28:30,009 --> 00:28:31,241
She was drunk.
664
00:28:31,243 --> 00:28:32,976
I was helping her walk.
665
00:28:32,978 --> 00:28:35,112
Mr. Holder, I assume
Miss Gifford informed you
666
00:28:35,114 --> 00:28:38,816
that rape in the first degree
holds a minimum of eight years.
667
00:28:38,818 --> 00:28:41,285
Stop trying to scare him
with numbers.
668
00:28:41,287 --> 00:28:42,753
He's succeeding.
669
00:28:42,755 --> 00:28:44,021
It wasn't rape.
670
00:28:44,023 --> 00:28:46,323
Joel, not another word.
671
00:28:46,325 --> 00:28:48,792
And if it takes a trial to prove
that we're innocent,
672
00:28:48,794 --> 00:28:51,095
then maybe we have
to go through with it.
673
00:28:55,134 --> 00:28:57,267
We'll talk sexual misconduct.
674
00:28:57,269 --> 00:28:59,737
A misdemeanor
for what happened to her?
675
00:28:59,739 --> 00:29:01,839
You have the wrong century.
676
00:29:01,841 --> 00:29:03,841
And you have the wrong offer.
677
00:29:03,843 --> 00:29:05,843
I feel for Miss Fermi,
678
00:29:05,845 --> 00:29:08,946
but she's putting herself
through this for nothing
679
00:29:08,948 --> 00:29:11,248
and doing it
to my client, too.
680
00:29:13,018 --> 00:29:15,819
Either he's tougher
than he looks,
681
00:29:15,821 --> 00:29:17,855
or he believes what he says.
682
00:29:17,857 --> 00:29:20,791
Let's see what Campion believes.
683
00:29:20,793 --> 00:29:22,226
You can't prove sex
wasn't consensual, Stone.
684
00:29:22,228 --> 00:29:23,661
All you've got
is the girl,
685
00:29:23,662 --> 00:29:25,095
and her memory is as
bad as her morals.
686
00:29:25,097 --> 00:29:26,997
We have a DNA match
on your client,
687
00:29:26,999 --> 00:29:29,800
a witness who puts Miss Fermi
in his room,
688
00:29:29,802 --> 00:29:32,136
and slew of witnesses that say
she was very drunk,
689
00:29:32,138 --> 00:29:33,403
too drunk to consent.
690
00:29:33,405 --> 00:29:35,139
I read the medical charts.
691
00:29:35,141 --> 00:29:36,874
.13 is not that high.
692
00:29:36,876 --> 00:29:38,375
She was a heavy drinker.
693
00:29:38,377 --> 00:29:40,377
Now, you said you had
something to offer?
694
00:29:40,379 --> 00:29:41,845
Rape three
695
00:29:41,847 --> 00:29:44,081
with a recommendation,
plus testimony.
696
00:29:44,083 --> 00:29:46,083
What is he,
a serial killer?
697
00:29:46,085 --> 00:29:48,285
We could just discuss
sexual misconduct, huh?
698
00:29:48,287 --> 00:29:50,888
For Mr. Holder, maybe,
not Mr. Campion.
699
00:29:50,890 --> 00:29:52,356
I can't believe this.
700
00:29:52,358 --> 00:29:53,390
You're destroying my life.
701
00:29:53,392 --> 00:29:54,892
Doesn't anybody
understand that?
702
00:29:54,894 --> 00:29:56,426
We're just talking,
Ted.
703
00:29:56,428 --> 00:29:59,296
My mother hardly gets
out of bed anymore.
704
00:29:59,298 --> 00:30:01,431
My father, who is going broke
to prove I'm innocent
705
00:30:01,433 --> 00:30:03,400
looks at me
like I can't even be his son.
706
00:30:03,402 --> 00:30:05,102
That's enough, Ted.
No, it's not enough!
707
00:30:05,104 --> 00:30:06,970
You're playing with my life
like it's a game.
708
00:30:06,972 --> 00:30:09,139
Rape three, rape one,
sexual misconduct.
709
00:30:09,141 --> 00:30:10,874
It's a joke.
710
00:30:10,876 --> 00:30:12,309
Andrea came
to the party...
711
00:30:12,311 --> 00:30:14,244
Ted, we discussed this.
And I don't want
to wait.
712
00:30:14,246 --> 00:30:16,180
She knew what she wanted,
and she got it.
713
00:30:16,182 --> 00:30:17,948
If you want proof,
talk to her boyfriend,
714
00:30:17,950 --> 00:30:19,283
talk to Gary Burnham.
715
00:30:19,285 --> 00:30:21,285
He set it all up.
716
00:30:21,287 --> 00:30:25,455
I haven't heard
the word "immunity."
717
00:30:25,457 --> 00:30:27,991
This week I forgot
what it means.
718
00:30:27,993 --> 00:30:30,427
And my client
forgot what happened.
719
00:30:30,429 --> 00:30:33,363
If he tells the truth,
and it's accessory,
720
00:30:33,365 --> 00:30:34,998
he won't be charged.
721
00:30:37,436 --> 00:30:43,140
I invited her to the party,
but she knew why...
722
00:30:44,476 --> 00:30:48,879
...to have sex with some
of the fraternity brothers.
723
00:30:48,881 --> 00:30:50,147
With Holder and Campion?
724
00:30:50,149 --> 00:30:51,849
They just happened
to be first.
725
00:30:51,851 --> 00:30:53,250
It could have been anybody.
726
00:30:53,252 --> 00:30:55,118
She just wanted
to have a good time.
727
00:30:55,120 --> 00:30:56,420
She told you this?
728
00:30:58,357 --> 00:31:01,859
I found out...
about all the guys she'd had.
729
00:31:01,861 --> 00:31:04,895
She said it was no big deal.
730
00:31:04,897 --> 00:31:06,263
I got angry.
731
00:31:06,265 --> 00:31:09,233
I said, "You want
to take on the whole house,
732
00:31:09,235 --> 00:31:11,235
I can arrange it."
733
00:31:11,237 --> 00:31:13,871
She laughed,
and said, "Go ahead."
734
00:31:13,873 --> 00:31:15,305
You thought she was serious?
735
00:31:15,307 --> 00:31:16,907
Not at first.
736
00:31:16,909 --> 00:31:19,042
When I called her
about the party,
737
00:31:19,044 --> 00:31:21,178
I said
they were waiting for her.
738
00:31:21,180 --> 00:31:24,181
She said, "They're going to love
my costume
739
00:31:24,183 --> 00:31:26,950
if they like little girls."
740
00:31:30,256 --> 00:31:31,488
I thought she meant it.
741
00:31:31,490 --> 00:31:33,991
I thought she wanted it.
742
00:31:43,535 --> 00:31:45,469
None of it is true?
743
00:31:45,471 --> 00:31:47,905
Okay.
744
00:31:47,907 --> 00:31:50,240
He thought he was the first man
in my life.
745
00:31:50,242 --> 00:31:54,278
And when we fought,
we said stupid things,
746
00:31:54,280 --> 00:31:56,947
but we didn't mean them.
747
00:31:56,949 --> 00:31:59,483
Did you say the boys
would like your costume
748
00:31:59,485 --> 00:32:01,285
if they liked little girls?
749
00:32:01,287 --> 00:32:02,552
It was a joke.
750
00:32:02,554 --> 00:32:04,488
Gary will testify.
751
00:32:07,493 --> 00:32:11,194
So now it's not just my word
against Ted and Joel's
752
00:32:11,196 --> 00:32:13,096
it's against Gary, too?
753
00:32:15,467 --> 00:32:18,502
You don't want to go through
with this.
754
00:32:22,074 --> 00:32:23,974
Do you?
755
00:32:27,279 --> 00:32:30,480
If the boyfriend's convincing,
756
00:32:30,482 --> 00:32:33,550
the jury sees
a premeditated orgy.
757
00:32:33,552 --> 00:32:36,186
We're on a line--
seduction or betrayal.
758
00:32:36,188 --> 00:32:38,088
Juries like
the seduction side.
759
00:32:38,090 --> 00:32:41,692
I had breakfast this morning
at the City Club.
760
00:32:41,694 --> 00:32:44,261
Two bankers sit behind me.
761
00:32:44,263 --> 00:32:46,496
I listened while they
convinced themselves
762
00:32:46,498 --> 00:32:47,597
that she's responsible.
763
00:32:47,599 --> 00:32:49,032
What are we supposed
to do?
764
00:32:49,034 --> 00:32:50,200
Rewrite the entire sexual
history of women
765
00:32:50,202 --> 00:32:51,234
in the courtroom?
766
00:32:51,236 --> 00:32:52,703
The boys think
767
00:32:52,705 --> 00:32:54,638
they did nothing wrong,
and she's vague.
768
00:32:54,640 --> 00:32:57,307
She threatened,
she knew them...
769
00:32:57,309 --> 00:32:59,042
And she didn't consent.
770
00:32:59,044 --> 00:33:00,243
The Supreme Court
in Canada
771
00:33:00,245 --> 00:33:02,212
has allowed
women's sexual histories
772
00:33:02,214 --> 00:33:04,214
to be introduced in rape cases.
773
00:33:04,216 --> 00:33:07,084
Message for you.
774
00:33:07,086 --> 00:33:08,352
Current issue.
775
00:33:08,354 --> 00:33:11,221
Sex Crimes and the Law.
776
00:33:11,223 --> 00:33:14,624
Page 54.
777
00:33:14,626 --> 00:33:17,227
"Recent jury studies
show women need
778
00:33:17,229 --> 00:33:20,230
"to separate themselves
from the victim.
779
00:33:20,232 --> 00:33:23,166
"They need to believe
it could not happen to them.
780
00:33:23,168 --> 00:33:26,770
Therefore, women
do not believe the victim."
781
00:33:26,772 --> 00:33:28,338
This cheers me right up.
782
00:33:28,340 --> 00:33:30,607
We need a jury
of feminists.
783
00:33:30,609 --> 00:33:34,244
You need a witness to get you
past reasonable doubt.
784
00:33:34,246 --> 00:33:35,645
The law says
we don't need corroboration.
785
00:33:35,647 --> 00:33:38,131
Wonderful.
786
00:33:38,132 --> 00:33:40,616
Last time I looked,
Utopia is a small town upstate.
787
00:33:40,619 --> 00:33:42,085
Different zip code
788
00:33:42,087 --> 00:33:44,621
from the Criminal Courts
Building.
789
00:33:44,623 --> 00:33:49,359
Gail Carradine's strong
but she's not strong enough.
790
00:33:49,361 --> 00:33:51,862
Schiff's right.
791
00:33:51,863 --> 00:33:54,364
With Campion and Holder
in ties and blue blazers,
792
00:33:54,366 --> 00:33:56,366
the jury sees
their sons.
793
00:33:56,368 --> 00:33:58,802
They won't see their daughters
in Andrea.
794
00:33:58,804 --> 00:34:01,238
What about Gail's husband?
795
00:34:01,240 --> 00:34:03,507
What about him?
796
00:34:03,508 --> 00:34:05,775
She said he had been
the president of the fraternity.
797
00:34:05,778 --> 00:34:09,246
So?
Fraternity presidents
tend to be straight arrows.
798
00:34:09,248 --> 00:34:11,248
Why not appeal
to his honor?
799
00:34:11,250 --> 00:34:13,383
Why don't you try
prosecuting bad guys.
800
00:34:13,385 --> 00:34:15,185
You know, like criminals.
801
00:34:15,187 --> 00:34:17,120
Ted and Joel
are good guys?
802
00:34:19,324 --> 00:34:21,591
You were on the same
floor at the same time
803
00:34:21,593 --> 00:34:23,260
this rape took place.
804
00:34:23,262 --> 00:34:25,095
I never saw a rape.
805
00:34:27,166 --> 00:34:29,166
You really want
Theta Phi
806
00:34:29,168 --> 00:34:31,368
to be a fraternity of rapists?
807
00:34:36,341 --> 00:34:38,241
I saw Gary in the hall.
808
00:34:38,243 --> 00:34:39,643
He was sitting down.
809
00:34:39,645 --> 00:34:40,644
He was drunk.
810
00:34:40,646 --> 00:34:41,711
He looked like
811
00:34:41,713 --> 00:34:43,380
he was going to cry.
812
00:34:43,382 --> 00:34:45,182
I asked him
what was wrong,
813
00:34:45,184 --> 00:34:48,118
and he said,
"I should have warned her.
814
00:34:48,120 --> 00:34:49,419
She didn't know."
815
00:34:53,358 --> 00:34:55,292
We had a deal;
you can't charge him.
816
00:34:55,294 --> 00:34:57,294
Paul.
817
00:34:57,296 --> 00:34:59,229
"If he tells the truth,
and it's only accessory,
818
00:34:59,231 --> 00:35:01,665
he won't be charged."
819
00:35:01,667 --> 00:35:02,766
You lied, Gary.
820
00:35:02,768 --> 00:35:04,734
It was a mistake.
821
00:35:04,736 --> 00:35:06,403
We have a witness
who talked to you.
822
00:35:06,405 --> 00:35:08,238
You knew Andrea
didn't consent.
823
00:35:08,240 --> 00:35:09,439
You can't get in testimony
against my client.
824
00:35:09,441 --> 00:35:10,740
Hearsay.
825
00:35:10,742 --> 00:35:12,309
Statement
against penal interest
826
00:35:12,311 --> 00:35:13,677
in furtherance
of a conspiracy.
827
00:35:13,679 --> 00:35:14,744
I think we'll get it in.
828
00:35:14,746 --> 00:35:16,146
PAUL:
Try it.
829
00:35:16,148 --> 00:35:18,348
We'll have an indictment
on Mr. Burnham
830
00:35:18,350 --> 00:35:20,183
in 36 hours.
831
00:35:22,154 --> 00:35:24,187
I just want this to end.
832
00:35:24,189 --> 00:35:25,856
It can,
if you cooperate.
833
00:35:25,858 --> 00:35:29,759
PAUL:
A few minutes with my client--
alone?
834
00:35:43,142 --> 00:35:46,343
He'll say
what you want him to.
835
00:35:46,345 --> 00:35:48,478
I can't promise you'll get
a conviction on it.
836
00:35:48,480 --> 00:35:51,314
Sexual abuse,
first degree.
837
00:35:51,316 --> 00:35:53,483
Come on, if anybody deserves
a misdemeanor, he does.
838
00:35:53,485 --> 00:35:55,318
He didn't have sex with her.
839
00:35:55,320 --> 00:35:57,454
Just pimped for those who did.
Sexual abuse two.
840
00:35:57,456 --> 00:35:59,256
You need him.
841
00:35:59,258 --> 00:36:02,492
He's your best hope.
842
00:36:12,171 --> 00:36:16,306
Ted and Joel told me that
she wasn't worth worrying about,
843
00:36:16,308 --> 00:36:19,442
that they'd prove
the kind of girl she was.
844
00:36:19,444 --> 00:36:22,379
When you entered the room,
what did you see?
845
00:36:24,449 --> 00:36:27,784
Ted was having intercourse
with Andrea.
846
00:36:27,786 --> 00:36:30,420
And did Andrea protest?
847
00:36:30,422 --> 00:36:32,822
At first, she
looked unconscious.
848
00:36:32,824 --> 00:36:34,824
Then she started
to moan.
849
00:36:34,826 --> 00:36:36,426
She tried to sit up,
850
00:36:36,428 --> 00:36:39,262
but Ted pushed her
back down.
851
00:36:39,264 --> 00:36:41,398
His shirt fell over
on her face.
852
00:36:41,400 --> 00:36:44,401
Was that to prevent her from
seeing who was assaulting her?
853
00:36:44,403 --> 00:36:46,303
Objection.
Calls for a conclusion.
854
00:36:46,305 --> 00:36:47,404
Sustained.
855
00:36:47,406 --> 00:36:50,507
How long were you
in the room?
856
00:36:50,509 --> 00:36:55,412
When Ted finished,
Joel undressed.
857
00:36:55,414 --> 00:36:57,447
He got on top
of her.
858
00:36:57,449 --> 00:36:59,449
It sounded
like she was crying.
859
00:36:59,451 --> 00:37:00,850
Joel finished.
860
00:37:00,852 --> 00:37:03,987
Ted motioned to me
that it was my turn.
861
00:37:03,989 --> 00:37:05,789
That's when I left.
862
00:37:07,459 --> 00:37:11,461
Mr. Burnham, do you have
any doubt at all in your mind
863
00:37:11,463 --> 00:37:15,365
that Andrea was not consenting
to have sex with the defendants?
864
00:37:15,367 --> 00:37:17,584
Objection.
865
00:37:17,585 --> 00:37:19,802
He has no knowledge
of anyone's state of mind.
866
00:37:19,805 --> 00:37:22,005
Statement of intent
hearsay exception, Your Honor.
867
00:37:22,007 --> 00:37:23,506
Still conclusionary, Mr. Stone.
868
00:37:23,508 --> 00:37:26,476
Objection sustained.
869
00:37:26,478 --> 00:37:28,812
No further questions.
870
00:37:31,316 --> 00:37:34,351
Mr. Burnham, did you
and the other boys stand around
871
00:37:34,353 --> 00:37:36,987
and say, "Let's get Andrea
to the party and rape her"?
872
00:37:36,989 --> 00:37:38,255
No. We talked
873
00:37:38,257 --> 00:37:40,023
about having sex with her.
874
00:37:40,025 --> 00:37:41,591
Then you thought
she'd be willing?
875
00:37:41,593 --> 00:37:42,959
Isn't that right?
876
00:37:42,961 --> 00:37:44,027
We thought,
I mean, I thought...
877
00:37:44,029 --> 00:37:46,429
If you planned
to have sex with her,
878
00:37:46,431 --> 00:37:48,331
either you assumed
she'd be willing
879
00:37:48,333 --> 00:37:49,332
or she'd have to be raped.
880
00:37:49,334 --> 00:37:51,268
Which is it?
881
00:37:54,573 --> 00:37:56,539
We thought
she wouldn't mind.
882
00:37:56,541 --> 00:37:58,541
Wouldn't mind having intercourse
with your two friends?
883
00:37:58,543 --> 00:38:01,444
Why would you think that,
Mr. Burnham?
884
00:38:03,015 --> 00:38:05,382
I guess because
of her reputation.
885
00:38:05,384 --> 00:38:07,484
Objection.
Miss Fermi is not on trial here.
886
00:38:07,486 --> 00:38:08,485
Sustained.
887
00:38:08,487 --> 00:38:10,453
Let me ask the witness
directly.
888
00:38:10,455 --> 00:38:12,889
Did you believe
she wouldn't mind
889
00:38:12,891 --> 00:38:14,924
because she told you
she wouldn't?
890
00:38:14,926 --> 00:38:16,926
I misunderstood her. I...
891
00:38:16,928 --> 00:38:21,031
There was no misunderstanding
in your pretrial statement.
892
00:38:21,033 --> 00:38:22,499
Are these your words?
893
00:38:22,501 --> 00:38:24,834
"I said, 'if you want
to take on the whole house
894
00:38:24,836 --> 00:38:26,036
"I can arrange it.'
895
00:38:26,038 --> 00:38:27,837
She laughed
and said, 'Go ahead.'"
896
00:38:27,839 --> 00:38:30,373
I said later, I knew
she didn't mean that.
897
00:38:30,375 --> 00:38:33,009
This was after entering
into a plea bargain agreement
898
00:38:33,011 --> 00:38:35,445
with the district attorney's
office?
899
00:38:37,349 --> 00:38:40,016
I was sorry for what happened--
900
00:38:40,018 --> 00:38:43,586
for having lied,
for having hurt Andrea.
901
00:38:43,588 --> 00:38:45,522
I loved her.
902
00:38:45,524 --> 00:38:47,457
Just one more question.
903
00:38:47,459 --> 00:38:50,493
If you thought
she was being raped,
904
00:38:50,495 --> 00:38:53,363
why didn't you try to stop it?
905
00:38:57,035 --> 00:38:58,368
I don't know.
906
00:38:58,370 --> 00:39:00,904
Ted and Joel were my friends.
907
00:39:06,978 --> 00:39:09,045
I don't know.
908
00:39:11,983 --> 00:39:14,117
No more questions, Your Honor.
909
00:39:14,119 --> 00:39:15,985
Redirect, Your Honor?
910
00:39:15,987 --> 00:39:17,654
JUDGE:
Briefly, Mr. Stone.
911
00:39:17,656 --> 00:39:21,491
Mr. Burnham, the night
of the party, did Andrea
912
00:39:21,493 --> 00:39:24,127
do or say anything to you
913
00:39:24,129 --> 00:39:26,062
to indicate
that she wanted to have sex
914
00:39:26,064 --> 00:39:27,364
with the defendants?
915
00:39:27,366 --> 00:39:29,532
No.
916
00:39:29,534 --> 00:39:31,034
Never.
917
00:39:32,971 --> 00:39:34,504
Thank you.
918
00:39:35,474 --> 00:39:40,009
I had been drinking
for maybe an hour.
919
00:39:40,011 --> 00:39:43,480
Do you recall entering
the defendant's room?
920
00:39:43,482 --> 00:39:45,014
It's all hazy.
921
00:39:45,016 --> 00:39:48,151
I remember
sitting next to Ted
922
00:39:48,153 --> 00:39:51,087
on the couch,
923
00:39:51,088 --> 00:39:54,022
and he held a bottle of Scotch
up to my mouth.
924
00:39:54,025 --> 00:39:55,158
Do you remember
925
00:39:55,160 --> 00:39:57,494
being forced
to have intercourse?
926
00:39:57,496 --> 00:39:59,162
Just in flashes.
927
00:39:59,164 --> 00:40:01,030
I'd blacked out.
928
00:40:01,032 --> 00:40:07,036
I remember trying
to leave the room once,
929
00:40:07,038 --> 00:40:09,606
and somebody
pulled me back in.
930
00:40:11,643 --> 00:40:14,043
And the room was dark,
931
00:40:14,045 --> 00:40:18,648
and I was on the floor,
932
00:40:18,650 --> 00:40:20,984
and it was happening.
933
00:40:20,986 --> 00:40:23,486
What was happening, Miss Fermi?
934
00:40:27,659 --> 00:40:30,727
Somebody on top of me...
935
00:40:34,099 --> 00:40:37,434
...inside me.
936
00:40:37,436 --> 00:40:41,137
And then, somebody else.
937
00:40:42,574 --> 00:40:45,008
And I tried to push them off.
938
00:40:45,010 --> 00:40:48,144
I said, "Please, no,"
939
00:40:48,146 --> 00:40:52,482
but they wouldn't stop.
940
00:40:52,484 --> 00:40:57,554
And something fell over my face,
and I couldn't breathe.
941
00:40:57,556 --> 00:41:00,623
And I passed out.
942
00:41:00,625 --> 00:41:02,525
Thank you.
943
00:41:02,527 --> 00:41:04,661
No further questions.
944
00:41:04,663 --> 00:41:08,164
Miss Fermi, we've heard
testimony that you consumed
945
00:41:08,166 --> 00:41:09,833
seven to ten ounces of alcohol.
946
00:41:09,835 --> 00:41:12,202
Have you ever had that much
before in an evening?
947
00:41:12,204 --> 00:41:13,570
Yes.
948
00:41:13,572 --> 00:41:15,538
Can you normally walk
and talk clearly
949
00:41:15,540 --> 00:41:17,574
when you've consumed
that much liquor?
950
00:41:17,576 --> 00:41:19,476
I passed out that night.
951
00:41:19,478 --> 00:41:20,710
So between the time
952
00:41:20,712 --> 00:41:23,813
that you had a normal moment
with the defendants
953
00:41:23,815 --> 00:41:26,249
and the time
you regained consciousness,
954
00:41:26,251 --> 00:41:28,751
you can't really say
what happened, can you?
955
00:41:28,753 --> 00:41:31,187
I've already said
what I can remember.
956
00:41:31,189 --> 00:41:33,857
Isn't it possible you indicated
a desire to have sex
957
00:41:33,859 --> 00:41:35,258
with the defendants?
958
00:41:35,260 --> 00:41:37,527
I hardly knew them,
959
00:41:37,529 --> 00:41:41,064
and what I knew of them,
I did not like.
960
00:41:41,066 --> 00:41:42,131
Can you swear
961
00:41:42,133 --> 00:41:44,067
that in the interim between
962
00:41:44,069 --> 00:41:46,202
their perfectly acceptable
behavior of the defendants
963
00:41:46,204 --> 00:41:49,205
and the time you claim
to have been assaulted,
964
00:41:49,207 --> 00:41:52,275
you gave no indication that
you would have sex with them?
965
00:41:52,277 --> 00:41:54,143
I told you, I didn't know...
966
00:41:54,145 --> 00:41:55,278
Yes or no,
Miss Fermi.
967
00:41:55,280 --> 00:41:57,547
Can you swear to it?
968
00:41:58,817 --> 00:42:02,051
I cannot believe
that I would have done that.
969
00:42:02,053 --> 00:42:03,520
Isn't it possible
970
00:42:03,522 --> 00:42:05,755
you might have forgotten
you consented,
971
00:42:05,757 --> 00:42:09,559
and in a moment of panic,
thought you were being raped?
972
00:42:09,561 --> 00:42:12,595
If you think
973
00:42:12,597 --> 00:42:16,533
that a woman doesn't know
when she's being raped,
974
00:42:16,535 --> 00:42:20,570
I hope you never find out
how wrong you are.
975
00:42:26,244 --> 00:42:27,644
She was well-prepped.
976
00:42:27,646 --> 00:42:29,245
At least you're still
in the ring.
977
00:42:29,247 --> 00:42:32,549
She was good; she could have
been turned against herself.
978
00:42:32,551 --> 00:42:34,367
She's about to be.
979
00:42:34,368 --> 00:42:36,184
Andrea slept with someone else
the night before the party--
980
00:42:36,187 --> 00:42:38,187
an old boyfriend.
981
00:42:38,189 --> 00:42:40,657
They call him tomorrow.
982
00:42:40,659 --> 00:42:42,325
Son of a bitch.
983
00:42:42,327 --> 00:42:45,094
Our engaged victim.
984
00:42:45,096 --> 00:42:47,330
That's the trump card.
985
00:42:47,332 --> 00:42:49,232
Call her,
I want to see her.
986
00:42:49,234 --> 00:42:51,301
I want to see her now.
987
00:42:54,105 --> 00:42:56,105
How could they have found out
about that?
988
00:42:56,107 --> 00:42:57,807
They have investigators, too.
989
00:42:57,809 --> 00:43:01,578
You realize you've put
this entire case in jeopardy?
990
00:43:01,580 --> 00:43:02,845
If you had told us,
991
00:43:02,847 --> 00:43:04,280
we may have been able
to work around it.
992
00:43:04,282 --> 00:43:05,315
FERMI:
He was lonely.
993
00:43:05,317 --> 00:43:07,817
He wanted me back.
994
00:43:07,819 --> 00:43:10,620
He told me how beautiful I was.
995
00:43:16,361 --> 00:43:17,860
I let him kiss me.
996
00:43:17,862 --> 00:43:21,130
It just happened.
997
00:43:21,132 --> 00:43:22,365
You always said
998
00:43:22,367 --> 00:43:24,834
that prior sexual experience
wasn't relevant.
999
00:43:24,836 --> 00:43:27,370
It was the night before,
for God's sake.
1000
00:43:27,372 --> 00:43:29,839
In the jury's mind,
it bears directly
1001
00:43:29,841 --> 00:43:31,975
on your attitude
toward casual sex.
1002
00:43:31,977 --> 00:43:35,211
You testified that you thought
you were engaged.
1003
00:43:35,213 --> 00:43:38,314
But it doesn't change the fact
that I was raped.
1004
00:43:40,285 --> 00:43:42,852
Or do you think it does?
1005
00:43:46,791 --> 00:43:49,258
What I don't
understand
1006
00:43:49,260 --> 00:43:52,328
is why were only two types
of semen present?
1007
00:43:52,330 --> 00:43:54,397
It's viable for 24 hours.
1008
00:43:54,399 --> 00:43:58,401
Because Jimmy and I
used a condom.
1009
00:43:58,403 --> 00:43:59,936
I always do.
1010
00:44:01,806 --> 00:44:03,806
No exceptions?
1011
00:44:03,808 --> 00:44:06,242
Never.
1012
00:44:08,913 --> 00:44:11,314
MAN:
Mr. Hollis,
you knew about this case.
1013
00:44:11,316 --> 00:44:14,684
Why didn't you contact either
the defense or the prosecution?
1014
00:44:14,686 --> 00:44:17,253
Why would I? It had nothing
to do with the rape.
1015
00:44:17,255 --> 00:44:18,888
Alleged rape.
1016
00:44:19,891 --> 00:44:21,758
Right.
1017
00:44:21,760 --> 00:44:24,427
Then I talked to the man
in your office,
1018
00:44:24,429 --> 00:44:27,930
and I guess I realized
I didn't have any choice.
1019
00:44:27,932 --> 00:44:29,432
Thank you.
1020
00:44:29,434 --> 00:44:31,401
No more questions.
1021
00:44:31,403 --> 00:44:33,436
Mr. Hollis, you testified
1022
00:44:33,438 --> 00:44:36,873
that this was an impulsive act
on both your parts?
1023
00:44:36,875 --> 00:44:38,875
It happened
pretty quick, yes.
1024
00:44:38,877 --> 00:44:40,410
Was any precaution taken
1025
00:44:40,412 --> 00:44:43,312
against disease transmission
or pregnancy?
1026
00:44:43,314 --> 00:44:45,415
We used a condom.
1027
00:44:45,417 --> 00:44:47,450
So despite the passion
of the moment,
1028
00:44:47,452 --> 00:44:48,918
you still took the time?
1029
00:44:48,920 --> 00:44:51,254
She insisted. She always did.
1030
00:44:51,256 --> 00:44:52,455
Always?
1031
00:44:52,457 --> 00:44:55,458
Yeah. Always.
1032
00:44:55,460 --> 00:44:56,793
Thank you.
1033
00:44:56,795 --> 00:44:59,028
Your Honor,
People would like
1034
00:44:59,030 --> 00:45:01,330
to recall a previous witness.
1035
00:45:01,332 --> 00:45:04,000
Andrea always demanded
that we use them.
1036
00:45:04,002 --> 00:45:06,653
She was fanatical
about it.
1037
00:45:06,654 --> 00:45:09,305
So if she were voluntarily
having sex with someone,
1038
00:45:09,307 --> 00:45:11,441
it would not be unprotected?
1039
00:45:11,443 --> 00:45:14,010
Objection. Calls
for a conclusion.
1040
00:45:14,012 --> 00:45:16,012
Then, I'll rephrase
the question.
1041
00:45:16,014 --> 00:45:18,881
Mr. Burnham, in your
relationship with Miss Fermi,
1042
00:45:18,883 --> 00:45:21,451
who purchased the prophylactics?
1043
00:45:21,453 --> 00:45:23,403
I usually had them.
1044
00:45:23,404 --> 00:45:25,354
If I didn't, she always
kept one in her purse.
1045
00:45:25,356 --> 00:45:27,390
Thank you.
No further questions.
1046
00:45:33,398 --> 00:45:36,332
Concerning the defendant
Joel Holder on charge of rape,
1047
00:45:36,334 --> 00:45:39,268
in the first degree,
how does the jury find?
1048
00:45:39,270 --> 00:45:41,938
We find the defendant
not guilty.
1049
00:45:41,940 --> 00:45:43,740
( observers murmuring )
1050
00:45:43,742 --> 00:45:46,375
Concerning the defendant
Theodore Campion
1051
00:45:46,377 --> 00:45:48,111
on charge of rape
in the first degree
1052
00:45:48,113 --> 00:45:49,345
how does the jury find?
1053
00:45:49,347 --> 00:45:52,381
We find the defendant
not guilty.
1054
00:45:52,383 --> 00:45:54,450
Yes.
1055
00:46:07,966 --> 00:46:11,033
( reporters clamoring )
1056
00:46:15,373 --> 00:46:17,073
Miss Fermi!
1057
00:46:17,075 --> 00:46:18,541
Just one question.
1058
00:46:18,543 --> 00:46:20,009
Just tell me...
1059
00:46:20,011 --> 00:46:21,878
will you...
1060
00:46:23,481 --> 00:46:26,549
Miss Fermi,
don't do this to yourself.
1061
00:46:26,551 --> 00:46:27,950
You did nothing wrong.
1062
00:46:27,952 --> 00:46:29,786
They knew what they did to me.
1063
00:46:29,788 --> 00:46:31,053
They knew I didn't want them to,
1064
00:46:31,055 --> 00:46:32,922
and that jury just told me
that I'm guilty.
1065
00:46:32,924 --> 00:46:34,657
And they were wrong.
1066
00:46:34,658 --> 00:46:36,391
I went through all of this
for nothing.
1067
00:46:36,394 --> 00:46:38,461
It may seem like that
this second,
1068
00:46:38,463 --> 00:46:40,463
but this verdict
will outrage people.
1069
00:46:40,465 --> 00:46:41,798
The next time...
Great, thank you.
1070
00:46:41,800 --> 00:46:43,366
Thank you for the pep talk.
1071
00:46:43,368 --> 00:46:46,803
It's nice to know
I performed a public service.
1072
00:46:46,805 --> 00:46:48,104
Miss Fermi.
1073
00:46:48,106 --> 00:46:49,572
Miss Fermi.
1074
00:46:49,574 --> 00:46:52,008
The jury made a mistake,
the system let you down.
1075
00:46:52,010 --> 00:46:53,009
I'm sorry.
1076
00:46:53,011 --> 00:46:56,479
So am I, Mr. Stone.
1077
00:46:56,481 --> 00:46:59,816
Captioning sponsored by
NBC/UNIVERSAL
1078
00:46:59,818 --> 00:47:04,821
Captioned by
Media Access Group at WGBH
access.wgbh.org