(male announcer) In the criminal justice system,
the people are represented by two separate
yet equally important groups--
the police who investigate crime
and the district attorneys who prosecute the offenders.
These are their stories.
* Yeah, yeah, you're a rolling stone *
* You can tell you're on your own *
[shouts and laughter]
Whoo, yeah!
Yeah, let me see what you got.
Oh, that's just special. Oh, ho, ho.
What do you got underneath those shirts, ladies?
Whoo! Yeah!
You got something under there you wanna show me?
You girls ready for me?
I'm ready to be the baddest babe
at this party.
You gonna take that smack from her?
No.
[laughing]
(Chris) All right.
We're gonna get so naked for you.
Yeah, we are. Of course.
Hang on. Hang on, hang on.
Show me you're serious.
Make out for me.
Okay. Okay.
Oh, I think these babes are ready to get very,
very bad.
[laughing]
Let's go.
Let's go in.
Whoo!
This is amazing!
[laughter]
Hey Chris!
Hey Chris, you want a little taste?
Hell no, I'm going first.
Oh, now, ladies, ladies. Fair is fair.
Both at the same time.
Ooh!
It's all yours, baby.
Ready?
Ready.
One...two...
Whoo!
Dude, what the hell is that?
(woman) Oh, my God.
Uh, cut the tape.
Cut the--cut the tape!
DOA's Hudson Moore, 26.
I know that name.
He spouts off in the tabloids a lot.
You can say what you like when you have 5 billion
in family money.
Babes Being Bad. Is this his operation?
Apparently Mr. Moore just came to the party
to catch up on his bare breast quotient.
That's who owns it. Uh, Chris Drake.
He called it in.
I'll take the body.
Mr. Drake!
I got it. Detective Green.
What a nightmare.
You two were friends?
Yeah.
Do you know of anybody that would wanna hurt him?
No. I...I don't know.
Anybody get unruly at your party tonight?
You get out of line, you get tossed.
Okay, and did anybody get tossed tonight?
No, and I'd have known. I keep a close watch.
I'm still gonna need to talk to your security guards.
I'm telling you, I would have known.
This isn't a frat party.
It's a multi-million dollar business.
Yeah, and there's a dead man in the middle of it.
So if I need to speak to your security guards,
I'm going to, all right?
Yeah, yeah, yeah. They're all yours.
Thanks.
The murder weapon.
Well.
Wow, somebody went to town on Mr. Moore.
And left out the window.
Detectives, take a look at this.
Partial bloody print on the sill.
How much you think this punk Drake makes
getting these girls to expose themselves?
I don't know, but I hear it's a lot.
And look what they get in return.
Hot pants.
Wow.
Hot pants, dignity.
Add booze to the mix, look where you end up.
So where's latent with the murder weapon?
No usable prints on the bottle.
And the ones off the window frame
aren't in the system.
And we talked to all of security.
Nobody saw Hudson Moore leave that party
or get on the bus.
What about the party goers?
Ten girls said they talked to Hudson Moore.
Or were so hammered they imagined they did.
None remember seeing him leave.
Though a few do recall being groped by him.
So this kid's a class act.
Yeah. At a class party.
Any specific enemies?
None yet.
But the tabloids eat him up
for his nasty mouth.
Spouts off about his money,
rags on his famous ex-girlfriends.
He has a current girlfriend?
Changes 'em like socks.
Ugh, I am so glad I didn't have daughters.
Hey, the dump from Hudson Moore's cell phone
shows that his last call was from a Bryce Moore.
I think that's his older brother.
It is, listen.
He left a voice message.
"Duck me as long as you like,
but someday you will have to answer for your actions."
Huh.
Go see if Bryce was at the party last night
and see how he's taking his brother's death.
(Bryce) Forgive me.
We're all devastated.
Of course.
Our records show that you called your brother
at around 11:15?
Yes, okay. I remember.
What did you mean by
answer for his actions?
What had he done?
Have you ever heard the name Hepplewhite?
Yeah, seen it on a box of crackers.
Old family. Old money.
Hudson and I grew up with the grandson Paul,
who somehow stumbled onto the notion
he's a documentarian.
His first film is titled Idle Hands.
Right. About rich people.
Heirs.
My brother let them follow him around
for three days.
He embarrassed himself, us.
When was the last time you saw your brother, Mr. Moore?
Six weeks ago.
Can you account for your whereabouts last night?
I was at a charity auction
for the Sons of the Civil War
until 11:30.
And you have got a hell of a nerve
accusing me of killing my brother.
I ain't accused you of anything yet.
Was there anything unusual going on in his life lately?
His most recent trauma was Samantha Beresford
breaking up with him.
We haven't seen that name associated with him.
Because she's from a good family
who knows how to keep their name out of the paper.
Now, are we through?
We were together six months.
Then Hudson insulted my friend in the press.
That killed it.
When was the last time you saw him?
Last week at Catalyst.
Um, how was he behaving that night?
Anything on his mind? Family issues?
'Cause of the documentary?
He couldn't have cared less.
He was just Hudson, drunk party boy.
Flirty.
Another reason we broke up.
Did something happen that night?
He got to talking with some little B&T ho.
She a friend of his?
Never. She was pure country.
I thought she came with Chris Drake.
Like he brought her as a "screw you" to me,
to make me jealous.
Me and Chris were together for ten minutes
before I hooked up with Hudson.
So there was some kind of love triangle
between you, Chris, and Hudson.
Not according to me.
I couldn't take Chris seriously.
Why not?
Porn money?
My grandmother would not dig that.
I broke it off early.
How did Chris take it?
Not so great.
(Green) Sending her four emails a day.
Voice mails, text messages, flowers.
So what? She's cute.
You're up to your neck in cute. She's old money.
Yeah, and I'm new money.
It all spends the same, really.
Not according to Samantha Beresford.
There's no love triangle.
Was she working me a little? Sure.
But she wasn't involved with Hudson anymore,
and he didn't care about Samantha anyway.
Guy didn't care about anybody.
So why'd you hang out with him?
For his money.
See, I wanna buy my distributor.
And I wanted him to front me.
You don't have your own money?
Two most important rules of business.
You ready? Taking notes?
One, never take no for an answer.
Two, never use your own money.
First question in detective work.
You ready?
Where were you when Hudson Moore was killed?
Inside. At the party working.
Question two. Who can back that up?
My bodyguard Deon.
When I'm working a party, he never leaves my side.
(Green) The bodyguard backs up Drake.
He said he was at that party all night long.
Didn't go near that bus until they found the body.
Well, how long has this bodyguard
been on the payroll?
Since the beginning. Four years.
Mm-hmm.
Yeah, I got the same thing.
But Drake's got a zillion dollars in the bank.
He got a line of women up to his door.
Would he murder over a woman?
It wouldn't be the first time a man's killed over a woman,
especially when that woman can elevate his status.
Hey, we got somebody to talk to over at Riker's.
Richard "The Bomb" Condell.
A music producer who runs in their circle.
What was the collar?
Did a hand-to-hand with undercover
from Bronx Narcotics-- cocaine.
Had a watch in his pocket.
And the inscription on the back said,
"Hudson, Happy 21st Birthday. Love, Dad."
Also had drink tickets on him from the BBB party.
Was Hudson Moore wearing a watch when he died?
It wasn't on the body.
Go to Riker's.
I didn't take his watch.
I went to the party to return it to him.
And how'd you get it in the first place?
He used to date my girlfriend Tara.
He gave it to her.
But when they broke up, he insulted her in the press.
So she wanted to throw it in the East River.
I said, "Let's give it back."
You could have just mailed it.
It's a $100,000 Patek Phillipe.
Richard...
you want us to help you or not?
Ask Chris Drake.
He got me thrown out of the party.
He was with Hudson when I tried to talk to him.
Well, when was this?
10:00, by the bus.
Chris and Hudson were talking to some girl.
I came out of the party, was like, "Hey, douchebag."
And then Drake radioed for a bouncer to boot me.
You saw them talking outside that party bus at 10:00.
Right.
Who's the girl?
I don't know, just some chick at the party.
Well, what did she look like?
Uh, white.
Blond hair.
Young, cute. Like all of them.
I'd like to know why the hell
you believe "The Bomb" over me.
Because "The Bomb"'s timeline actually checks out.
When Hudson Moore died,
"The Bomb" was trying to buy coke.
We talked to his dealers.
And he was very honest, unlike yourself.
Now, why did you tell me you weren't anywhere near
the bus that night?
Come on, man, my friend had just gotten killed.
I wasn't thinking straight, okay?
Your emails to Samantha Beresford.
Oh, please. This is a waste of time.
Sit down.
I ain't playing with you. Sit down.
"Hudson screws anything that moves.
"Why don't you spend time with someone who respects you?"
That may prove that I'm sap,
but not that I had anything to do with Hudson being killed.
It's called motive.
And if we have an eyewitness that saw you
at that party bus, that's called opportunity.
No one is saying this is premeditated, Chris.
Spur of the moment, things got out of hand.
No, wrong.
Have anything to do with that girl you were with?
Buddy, there were 300 girls at that party.
Sorry if I can't remember all of them.
I'm done talking. I want my lawyer.
(Green) Good, it's out of our hands.
I want my lawyer right now.
Bad news.
Oh, for us or him?
You. Come on.
We searched all the video from the party
for footage that featured the bus.
This is from an exterior surveillance camera.
So at 10:45...
Chris Drake unlocks the party bus
and gets on followed by a girl.
And nothing happens for 12 minutes.
(Van Buren) Then Drake gets off,
shakes hands with his friend Hudson Moore.
They chat a little.
Then Moore goes inside the bus.
But Moore never gets off the bus.
What about the girl?
She doesn't either.
The next person we see get on the bus
is Drake at 12:45
accompanied by two more girls
and a guy with a camera.
They all go inside the bus together,
and that's when they found Moore DOA.
So our mystery girl killed Hudson Moore
And Chris Drake knows who she is.
Well, he's lawyered up.
That bodyguard lied to us.
(Van Buren) Let's make sure he doesn't
lie to us again.
Can I see it one more time?
Yeah.
Deon, you lied to us.
Take another look.
I didn't lie to you guys.
I don't remember Drake leaving the party
or being near the bus.
We find that real convenient.
It was a busy night.
Look, man, if I find out
you can put a name to this face
and you didn't say anything,
that's hindering prosecution, and that's your ass.
I don't remember any girl, all right?
Look, we know Drake is your meal ticket, okay?
So what do we gotta do, play footsie?
20 questions?
I'm still not gonna remember the girl.
Was she on a guest list?
Look, the guys, they need to be on the guest list.
Girls, it's up to the discretion
of the guy at the door.
She gets in if she's slutty?
Photogenic.
There's video cameras everywhere during these parties,
which means that any girl at this party
could be in these videos, right?
Our motto is the drinks cost nothing,
but they're not for free.
So everybody has to sign a release form, right?
Why didn't you tell us that before?
Because without a subpoena, I can't.
It would be my ass.
Drake would have my job.
That's a hell of a job you trying to hold on to, bro.
(girl) Sorry, there were a lot of girls
at that shindig.
Sweetheart, that is you behind the bar.
Yeah, but...
Well, from this video footage,
it looked like your conversation
lasted a lot longer than a drink order.
Like she was asking how to get in the V.I.P.?
We don't know. You tell us.
That's the only other conversation I had at the party.
It was drink orders,
or how do I get near Chris Drake?
Okay, how many times did that happen?
At least five times.
Did any of 'em mention the name Hudson Moore?
No, they just said Chris Drake.
You know what?
Why don't you stop and think a second, okay?
Nicole. One was Nicole.
She gave me 50 bucks, and she was a blond.
Thank you.
I'm getting depressed.
300 girls dying to flash for a second of fame.
Hey, any more Nicoles over there?
No, just those three.
I mean, don't they get it?
The video is forever.
So is anonymity and boredom if you're a teenager
from Queens or Yonkers or...
I'm from Queens.
I never had the urge
to strip on camera, much less kill a guy.
Yeah.
Oh, great. Thanks.
Any of those Nicoles have a record?
Nope.
No prints in the system. Fantastic.
Yeah, I got on camera.
At least I think so.
I hope so, anyway.
Guess I'll have to buy the DVD and find out.
So you were really trashed?
Well, that's their M.O.
They get you bombed,
so you'll show your stuff or worse.
Worse how?
Well, have you seen the tapes?
Yeah, it was pretty tame.
Um, they're getting more into serious hardcore.
A friend of mine got on the bus
at a Fort Lauderdale party last month.
There was like, toys, three-ways.
The whole shebang, so to speak.
But I just lifted my shirt.
Or so you think.
Oh, my gosh.
This is like the most hilarious thing ever.
Oh, yeah?
Did you get on that party bus that night?
No, but I would have.
Did you talk to Chris Drake or Hudson Moore?
I actually spent most of the time
in the corner barfing at the party.
'Cause they were passing out those Jell-O shots.
You know, I'd actually prefer
not to give you my fingerprints if I don't have to.
Well, it's just so we can rule you out.
But won't they go into a file or something?
Does that worry you?
No, I just...
Maybe I'm being paranoid.
I'm taking a sociology class.
And we've just gone over all the ways
that the government watches us.
So I'd just rather not, okay?
Okay, but you were at that party
the other night, right?
Mm-hmm.
Did you go to the VIP room,
see Chris Drake, Hudson Moore?
No.
(Green) You ever met those dudes before?
No.
No?
I just thought it would be fun.
The party, I mean.
Okay.
Well, um, if you think of anything else
that could help...
Oh, sorry, I gave you two.
Thanks.
That was slick. Let's get it to the lab.
That's her.
Nicole Flynn?
The one I saw flirting with Hudson
at Catalyst last week.
You think she killed him?
Any reason she might have?
I just made her out for a wannabe.
Meaning?
Like, a loser.
But I've seen this jealousy thing happen
with people who try to get in with us.
Get in with who?
Club kids.
And the wealthy.
It's like, she's cute but not hot,
so a guy with a few drinks in him will sleep with her.
What?
(Green) Nina.
Nicole Flynn's prints match.
She was the girl on the bus.
Thank you.
What the hell is this about?
Sir, please step back. What did she do?
She's a student who works two jobs
to put herself through school.
What could she have done?
Nicole Flynn, you're under arrest
for the murder of Hudson Moore.
[crying] I'm sorry, Mom.
You have the right to remain silent.
Listen, Nicole, don't say another word.
Anything you say can... And you can't talk to her
unless you have an attorney-- I know that for a fact!
(Green) Step off!
...now and during any future questioning.
If you cannot afford one, one will be provided for you.
Docket number 0241573.
People V. Nicole Flynn.
Charge is murder in the second degree.
How does the defendant plead?
Not guilty.
Bail?
People request $1 million.
Your honor, my client was born and raised in New York,
is a junior at Queens College,
works part time at New York Savings and Loan,
lives with her parents...
(Judge) I get it, Mr. Sugarman.
She's not a flight risk. Anything else?
Yes. She's innocent.
You don't say?
Bail is set at 500,000.
We need to talk about this one, Connie.
We're always willing to listen.
You know that.
We were in Panama City on spring break.
Partying, having fun.
Until Chris Drake showed up
and convinced me to take my clothes off
and do some very stupid things.
Like what?
She danced naked for the camera.
Talked suggestively.
How does this relate to Hudson Moore's death?
When I got back to New York,
I tried to get the tape back.
I didn't want my parents to see it.
They're--they're real proud Irish Catholic, you know.
Nicole called Chris Drake about 100 times,
but no one from BBB responded.
So she started looking for him herself
at bars, parties.
After two weeks, she tracked him down
at Catalyst.
Asked him for the tape back in person.
What did he say?
(Nicole) Sure.
For ten grand.
But I could only come up with, like, 900.
Tell us about the night of the murder.
I crashed his party.
And I gave him the $900.
But he said, "No way. The price is ten grand."
Unless I had sex with him.
And you agreed.
Yeah.
So we left the bar
and went back to his stupid party bus.
What happened on the bus?
I started undressing.
He started kissing me,
and I couldn't stand it.
He's just so disgusting.
So I told him to stop.
But he kept going.
And I tried to push him away, but he pinned me down.
Did you have intercourse?
Yeah.
And then what happened?
He told me that he wasn't finished.
That for ten grand I had to stay put
for another hour.
And then he left.
And then a few minutes later, Hudson walked in.
He started touching me.
And I told him to stop, but he wouldn't.
He said that Chris said it was okay.
And he undid his pants,
and I grabbed the champagne bottle.
And I hit him in the head.
Nicole Flynn claims you raped her
minutes before she killed Hudson Moore.
You gotta be kidding me.
Rape?
You seem surprised.
Yeah, I'm shocked.
Were you shocked when Marilyn Farr accused you?
How about Angie Gifford or Sarah Lord?
Or Maureen Kagen?
Rape allegations seem to follow you around,
Mr. Drake.
(Swain) First off, any and all charges
were dismissed over three years ago.
Second, what Nicole Flynn says
means absolutely nothing.
She's a murderer.
Did you have sex with Nicole Flynn
the night of the murder?
Yes. Why'd you lie to the police?
I--
Don't answer that.
We're done cooperating.
Just trying to prep my key witness, Mr. Swain,
to make sure he stands up on cross.
Witness?
No, you must be mistaken.
Mr. Drake's invoking his Fifth Amendment right
to keep his mouth shut.
You ask me, Nicole's starting
to look better and better.
Talk to her friends.
See if you can validate her story.
Nicole felt horrible about that tape.
She couldn't sleep.
Did she tell her parents?
Her parents? God, no.
They're, like, super strict.
That's why she was so freaked out.
Does Nicole date a lot?
Trying to figure out if she's a slut?
No, we're trying to figure out if she's honest.
Just because she got drunk in Florida one night
and took her clothes off, doesn't mean she's a liar.
Or that she deserved to get raped.
We know that.
Doesn't sound that way.
Look, sweetie, your friend killed someone.
A guy is dead.
We have to ask questions about her personal life,
her family life.
Listen, truth is, we're trying to help her,
not hurt her.
We just--we wanna understand what kind of person she is.
What kind of person she is?
Smart, hard working,
up to her eyeballs in student loans,
looking to get the hell out of Queens.
But most importantly,
she's the most honest person I ever met.
If she says Drake raped her,
he raped her.
I've talked to her family and her friends
and her professors.
Story's pretty much the same.
She's a good kid.
A good kid who buried a bottle of champagne
in Hudson Moore's head.
That's after Chris Drake raped her
and moments before she thought Hudson Moore
was gonna do the same thing.
According to her.
It's either her story or Chris Drake's.
Pick your horse.
We still need some actual proof
that she's telling the truth.
And not just a bunch of testimonials
from her friends and family.
Security video.
It shows Moore talking to Drake
minutes before he was killed.
I thought there was no audio.
There isn't.
But we had the video blown up and sent over
to an FBI speech expert for analysis.
(McCoy) Chris Drake:
"I got an early B-Day present for you, bro.
"She's in the bedroom right now.
"Good to go."
Hudson Moore: "Is she hot?"
Chris Drake: "7 3/8.
"But she has a great ass and likes it rough.
"Just makes sure she's gone in an hour."
[sighs]
So now what?
Plead out Nicole Flynn to Man Two.
And go after Mr. "Babes Being Bad."
Jack.
Someone has to pay
for Hudson Moore's death.
I appreciate your resolve,
but it sounds like we're swinging for the fences here.
And with a mighty small bat.
Hudson Moore's death
is the proximate and foreseeable result
of Nicole Flynn's rape.
Jack, do you really think you can prove
felony murder here or are you just trying
to make an example out of this punk?
I've been doing this too long
to get emotional about the facts.
Yeah, right.
(Drake) It's pretty good. How much?
(man) This is 6,000 a case.
I'll give you ten grand for two.
But I need it by next week.
Throwing a dinner party for...
You can forget about your little party, Chris.
Get up. Oh, what the hell are you guys doing here?
Arresting your punk ass.
What? For what?
Shut up.
The rape of Nicole Flynn and the murder of Hudson Moore.
Murder--what the hell are you guys talking about?
You have the right to remain silent.
Anything you say can be used against you
in a court of law.
Your Honor, Hudson Moore's death
was a separate and distinct incident.
It had nothing to do with Chris Drake.
He wasn't even on the bus when he was killed.
(McCoy) It doesn't matter.
Because the rape, the underlying felony,
was still ongoing...
since Drake told Ms. Flynn to stay on the bus
for another hour.
So Mr. Drake was supposed to anticipate
that Nicole Flynn would bash in
Hudson Moore's skull with a champagne bottle?
(McCoy) "Foreseeability does not require
"That the result be the most likely outcome.
"Only that it be reasonably foreseeable."
People V. Kibbe.
(Swain) Even if Chris Drake
did rape Nicole Flynn, so what?
He didn't kill Hudson Moore.
"It doesn't matter who kills the victim
"as long as it's connected to the felony."
People v. Hernandez.
And you believe it's connected.
Chris Drake
raped Nicole Flynn.
That incident triggered a series of events
that ultimately resulted in Hudson Moore's death.
That is the very point of the felony murder doctrine.
To punish those who commit egregious felonies
that result in death,
even when death was not contemplated
at the inception of the egregious felony.
(Swain) Mr. McCoy is trying
to stretch the felony murder rule
to an illogical and unconstitutional conclusion.
Well, whether he is or he isn't...
it seems to me that this is a matter
for the jury, not for me.
Which means that your motion to dismiss
is denied, Mr. Swain.
(McCoy) How many times did you say, "Stop"?
Five times.
And did he stop?
No.
I tried to push him away,
but he pinned me down.
Grabbed my arms.
What happened after the sex was over?
He told me not to move.
That he wasn't finished with me yet.
(McCoy) Then what?
Uh...
A few minutes later, Hudson Moore walked in.
He started touching me,
telling me how pretty I looked.
Then he unbuttoned his pants.
And I hit him with the bottle.
Why did you strike him?
Because he was going to rape me.
Nothing further.
Your honor, I'd like to play this video for the jury.
It's Defense Exhibit 24.
Babes Being Bad footage of Nicole Flynn
shot in Panama City.
Objection, she's protected by the New York
rape shield law.
The video constitutes prior sexual conduct
between Ms. Flynn and the defendant.
Your Honor, may we approach?
The video has nothing to do with the central issue
of this trial: consent.
Whether Ms. Flynn took her clothes off
in Panama City has nothing to do with whether she had
consensual sex with Mr. Drake three weeks later
in Manhattan.
In the video, Ms. Flynn, while naked,
talks seductively to Chris Drake.
(McCoy) Talk does not constitute sexual contact.
Ms. Flynn was merely playing for the camera,
giving Mr. Drake what he wanted.
Meaningless titillating banter.
Shouldn't we let the jury decide that, Your Honor?
[Flynn laughing on screen]
(Drake) It's spring break.
What's the point of being shy?
Okay. Okay, okay, okay.
(Drake) That's it. Show us what you got.
Oh! That's all right!
That's what I'm talking about.
(Flynn) Oh, my God.
I can't believe I did that.
(Drake) I wanna see it all, baby. Come on.
Come on, come on. Now the rest.
I wanna see it all.
Come on. Yeah.
Yeah, that's it, baby.
Real nasty.
Nasty. Just a little bit.
Yeah.
So tell me,
what would you do right now if we were all alone
on my private jet?
(Flynn) If we were all alone?
I would be your naughty little freak toy.
(Drake) Is that right?
Your honor, please instruct defense
to turn off the TV.
Mr. Swain.
No one forced you
into performing for Mr. Drake that evening, correct?
No. But I was drunk.
So when you drink, you become sexually adventurous.
Is that your point?
No, I...
For some reason that night, I...
Yes, I felt adventurous.
The night Hudson Moore was killed...
you agreed to leave with Chris Drake?
(Flynn) Yes.
(Swain) You agreed to have sex with him?
Yes, at first, but...
only in exchange for not releasing that video.
So not only did you consent to having sex with him,
but you were actually compensated for it, like--
like a prostitute.
Objection!
Sustained.
Nothing further.
(Swain) Did you have sex with Nicole Flynn
the night your friend Hudson Moore was killed?
Yes.
She agreed to this.
Yes.
You're positive?
Absolutely.
She even signed a sex consent form.
(Swain) Your Honor, I would like to offer into evidence
Defense Exhibit 43.
A sexual consent form signed by Ms. Nicole Flynn
the night Hudson Moore was killed.
Your Honor, this should have been turned over
at reciprocal discovery.
Its introduction now is unethical
and an unfair surprise.
I don't disagree.
I'm not going to deny Mr. Drake his defense.
I don't see any prejudices if the defense
hands it over now.
(Swain) Do you usually ask women
to sign a consent form?
Yes.
Why?
To protect myself from women trying to invent stories
the morning after.
(Swain) Did Nicole Flynn understand
what the agreement was all about?
Yes.
After she read it, she smiled and said,
"I'm pretty sure I've never signed a contract
to screw somebody before."
(Swain) Did she ever say no or tell you to stop?
Of course not.
If she did, I would have stopped.
(Swain) Nothing further.
Why did you lie to the police about having slept
with Nicole Flynn?
I didn't lie. I just didn't remember.
I lead an unusual life.
I have an unusual job.
I travel from city to city throwing parties
for young women.
And, as a consequence, and given my wealth
and notoriety...
I meet lots of women.
And have sex with lots of women?
Yes.
And they all sign consent forms?
Yes.
Help me out here, Mr. Drake.
Why would an honest man ask a woman
to sign a consent form
prior to having sex with him?
Two words...
Kobe Bryant.
That's why you started using consent forms?
Kobe Bryant?
I knew then and there that I'd need protection
from women trying to shake me down
the morning after.
It also lets you get away with rape
if the woman changes her mind
after signing the consent form. Objection.
Sustained.
How could you forget signing a sexual consent form?
I thought it was for the video stuff.
I didn't...
Did you read it?
No, I just wanted to get in and out of there
as fast as possible.
I wasn't thinking straight.
The whole thing was so gross, I--
All right, Nicole, thank you.
That'll be all.
I didn't mean to screw up your case!
I swear to God.
It's okay.
Go through Drake's sexual consent forms.
See if any of them are signed before July 4th, 2003.
The date Kobe Bryant was arrested for rape.
The date Drake claims he had
his sexual consent form epiphany.
Did you have any luck?
There were 73 sexual consent forms
dated prior to July 4th, 2003.
At least we can prove he's a liar.
We might be able to do more than that.
What do you mean?
Cheryl Perkins,
which is one of the girls.
She killed herself two years ago.
How does that help our case?
The day she died she told her mother,
"Chris Drake ruined my life."
Is this the document your daughter Cheryl left you
on October 24th, 2004,
the day that she killed herself?
Yes.
Let the record reflect
that Ms. Perkins has identified
People's Exhibit 54, a sexual consent form
entered into by her daughter Cheryl Perkins
with the defendant, dated May 12, 2003.
How old was your daughter when she signed this?
16.
Why did she leave you the consent form?
That's the reason she killed herself.
Objection!
I'll rephrase.
Where did she leave the consent form?
On her desk next to the suicide note.
Was that the first you'd heard of Chris Drake?
No, unfortunately.
(McCoy) Please elaborate.
Five months before, she told me that...
Chris Drake raped her after a party.
Objection! This is pure hearsay.
"The prompt outcry of a sexual assault victim
"is presumptively reliable and a well founded exception
to the hearsay rule," Your Honor,
People V. McDaniel.
Please approach.
I'm gonna allow Ms. Perkins to testify
about the conversation with her daughter
pertaining to the alleged rape.
She can't discuss the content
of the suicide note or the fact that Chris Drake's name
appears in it.
Even so, Your Honor, the prejudicial effect
far outweighs the probative--
It's coming in.
Please, no more objections.
Mrs. Perkins?
Cheryl got drunk at one of those BBB parties
and took her top off for some guy with a camera.
Later on she tried to get the tape back.
But Drake said no, unless she had sex with him.
So she agreed to have sex in exchange for the tape.
Yeah.
But she changed her mind.
Except Drake didn't care.
He said, "A deal's a deal," pushed her down on the bed
and had his way with her.
Did you tell her to call the police?
Yes, of course.
But she said no one would believe her
because she took money from Drake's lawyer
and signed a contract saying it was okay
to have sex with him.
Did your daughter ever mention the rape
or Chris Drake again?
Yes, once.
She said that...
I didn't know what she meant at the time.
But...she said, "It's bad enough being raped,
"but when you let someone buy his way out for $2,000,
"you're more worthless than he is."
(McCoy) When did Cheryl tell you this?
20 minutes before she hanged herself.
(Swain) Despite the grieving mother's
virtuoso performance, the jury's not gonna
believe a word out of Nicole Flynn's mouth.
You know it, and I know it.
We're talking about a girl
who took her clothes off on camera
and talked about being a naughty tramp.
Not to mention the fact that she signed
a sexual consent form.
And even if they do believe her story,
they will never convict on felony murder.
Despite all of the compelling legal mumbo jumbo
about causality and foreseeability.
Bottom line is, Nicole Flynn killed Hudson Moore,
not Chris Drake.
Rape, 5 to 15.
I'll dismiss the murder charge.
Five years?
Are you crazy?
I'm not a criminal, man.
I'm just a businessman, an entrepreneur.
I was just in Forbes magazine last month,
22nd richest guy under 40.
10th richest under 30.
I've got two jets, three houses,
a 75-foot yacht.
I can't go to jail.
Not for screwing some party girl from Queens
who decided to go ghetto and kill my friend.
If we go to verdict and get a conviction,
I plan to ask for 25 to life.
Why do you hate me?
Huh?
Is it 'cause I'm rich?
Is it 'cause people love my videos?
Or is it 'cause I screw hundreds,
no, thousands of girls?
(McCoy) I couldn't care less about any of that.
Then what is it? Tell me.
You know, girls have been getting drunk
and taking their clothes off
since forever.
I'm just the first guy smart enough to film it.
That doesn't make me a killer.
No, raping Nicole Flynn does.
She signed a consent form, got naked,
and jumped into bed with me.
How in God's name
does that make me a murderer?
You've had a quite a run for someone so young.
Exploiting unsuspecting college kids.
Taking advantage of their youth,
their innocence, their vulnerability.
And if they change their minds,
to hell with them.
A release is a release.
Like it or not, the world is going to see you naked.
Unless you pay me. Or screw me.
That's a lot of heartache.
A lot of ruined lives.
And no one can touch you.
But now, you are directly responsible
for a death.
And I intend to make you pay for that.
Am I happy? Yes.
But it's a side benefit.
Jury's back.
5 to 15...
or roll the dice on 25.
It's your call.
Go to hell.
You know what? I'm walking, McCoy.
You know why?
'Cause somebody on that jury watches my videos
and loves what I do.
Has the jury come to a verdict?
We have, Your Honor.
On the charge of rape, how do you find?
We find the defendant Guilty.
On the charge of Felony Murder,
how do you find?
Guilty.
Thank you.
Jury is dismissed.
You can't do this to me.
I'm--I'm not a murderer.
I didn't hurt any--wait!
Please! I beg you!
Please don't send me to jail!
Please! Please!
I beg you!
No, please!
You think the jury convicted him
for what he did to Nicole Flynn
or the 16-year-old girl who killed herself?
I don't know.
Do you care?