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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:02,502 --> 00:00:05,596 Narrator: In the criminal justice system, the people are represented 2 00:00:05,638 --> 00:00:08,038 by two separate yet equally important groups—— 3 00:00:08,074 --> 00:00:09,939 the police who investigate crime, 4 00:00:09,976 --> 00:00:12,945 and the district attorneys who prosecute the offenders. 5 00:00:12,979 --> 00:00:14,640 These are their stories. 6 00:00:18,184 --> 00:00:19,913 Paul! 7 00:00:19,953 --> 00:00:22,444 I had your office try you at home this morning. 8 00:00:22,489 --> 00:00:24,514 You're still asking for a severance. 9 00:00:24,557 --> 00:00:27,993 Yeah. Almost not, given the number of threats my client received this weekend. 10 00:00:28,028 --> 00:00:31,361 Diane, we prepped him for this. He wavers now, we're back where we started. 11 00:00:31,398 --> 00:00:34,026 He's a kid——just the sight of these two will freeze him. 12 00:00:34,067 --> 00:00:36,160 That's their right. To intimidate him’? 13 00:00:36,202 --> 00:00:39,137 We requested separate transport vans. 14 00:00:39,172 --> 00:00:41,732 Hopefully this thing” be short and sweet. 15 00:00:57,891 --> 00:01:01,588 Bailiff: Docket number 9357. 16 00:01:01,628 --> 00:01:05,257 Motion to sever defendant Ryan M. Cutrona 17 00:01:05,298 --> 00:01:07,528 from co—defendants 18 00:01:07,567 --> 00:01:12,266 Howard S. Metzler and Steven B. Hanauer. 19 00:01:12,305 --> 00:01:15,138 Why is there a motion to sever in a gang rape case noW? 20 00:01:15,175 --> 00:01:18,110 Judge: I'd like to get this trial started, people. 21 00:01:18,144 --> 00:01:19,634 The more motions filed on this case, 22 00:01:19,679 --> 00:01:22,477 the more press attention it seems to get. 23 00:01:22,515 --> 00:01:26,110 Due to an overwhelming amount of evidence against his co—defendants—— 24 00:01:26,152 --> 00:01:29,280 What evidence? He's lying. He's got nothing. 25 00:01:29,322 --> 00:01:32,052 He wants to save his own ass. 26 00:01:32,092 --> 00:01:34,890 Judge: Order! Don't be stupid, okay? Don't be dead. 27 00:01:34,928 --> 00:01:36,520 Order. 28 00:01:36,563 --> 00:01:38,030 We know what you did. 29 00:01:38,064 --> 00:01:39,656 Okay, you hear me, Ryan? Judge: Counsel! 30 00:01:39,699 --> 00:01:42,327 ( shouting ) Judge: I 'II have your client detained! 31 00:01:42,368 --> 00:01:44,427 Look at me! Do you hear me’? 32 00:01:44,471 --> 00:01:46,405 Huh? You hear me?! 33 00:01:46,439 --> 00:01:49,306 I want you to know exactly——! 34 00:01:49,342 --> 00:01:50,809 Wait, Ryan, don't—— 35 00:01:54,280 --> 00:01:56,111 ( audience screaming, gun cocks ) 36 00:01:58,718 --> 00:02:00,310 Guard: Get down, get down! 37 00:02:02,055 --> 00:02:04,023 Face to the floor! Do it! 38 00:02:08,895 --> 00:02:11,887 ( theme music playing ) 39 00:03:36,249 --> 00:03:40,447 Because I can't even get him to sit in a damn chair, much less listen to anything I have to say. 40 00:03:40,486 --> 00:03:42,511 A severance is not going to do your client much good 41 00:03:42,555 --> 00:03:44,580 if he's facing the exact same charges. 42 00:03:44,624 --> 00:03:47,525 Oh, for crying—— the kid's terrified. 43 00:03:47,560 --> 00:03:50,688 I offered to lower the charges if he gave me pertinent information. 44 00:03:50,730 --> 00:03:52,493 Okay, so where do we stand? 45 00:03:52,532 --> 00:03:55,000 I can prosecute eitherway, with orwithout him, 46 00:03:55,034 --> 00:03:57,468 but I'd have to guess from what happened in court 47 00:03:57,503 --> 00:03:59,403 that he's got something of value. 48 00:03:59,439 --> 00:04:01,304 I'd rather have the truth than not. 49 00:04:01,341 --> 00:04:03,400 Yeah. So let's set it up. 50 00:04:03,443 --> 00:04:05,001 We'll take a run at him. 51 00:04:05,044 --> 00:04:07,979 Logan: Howard, how long did you follow her for”? 52 00:04:08,014 --> 00:04:10,642 A couple blocks. 53 00:04:10,683 --> 00:04:13,151 Did anybody talk about it while you followed her”? 54 00:04:14,621 --> 00:04:17,317 We really didn't think he'd go through with it. 55 00:04:17,357 --> 00:04:20,554 Why? Did you talk about it before? 56 00:04:20,593 --> 00:04:22,561 Yeah. 57 00:04:22,595 --> 00:04:24,529 Ryan said he wanted to. 58 00:04:24,564 --> 00:04:27,328 We just thought... we'd set him up, 59 00:04:27,367 --> 00:04:29,801 he'd back off, get scared. 60 00:04:29,836 --> 00:04:30,825 That's not true. 61 00:04:30,870 --> 00:04:32,861 Logan: Did you touch Ms. DeVries at all? 62 00:04:32,905 --> 00:04:34,668 Lawyer: We 're clear on that issue, Detective. 63 00:04:34,707 --> 00:04:37,335 My client stated that he only watched. 64 00:04:39,512 --> 00:04:41,605 Logan: Did you want to touch her? 65 00:04:43,049 --> 00:04:45,347 Ryan's the one who got off. 66 00:04:49,188 --> 00:04:51,053 Hanauer's is worse. 67 00:04:51,090 --> 00:04:53,854 He says you begged him to help you do someone. 68 00:04:53,893 --> 00:04:56,726 Says they even had to stop you during the attack. 69 00:04:58,197 --> 00:04:59,994 I don't want to see it. 70 00:05:00,033 --> 00:05:01,762 It's just more lies. 71 00:05:01,801 --> 00:05:03,769 Why don't you fill us in? 72 00:05:07,040 --> 00:05:08,598 I can't. 73 00:05:08,641 --> 00:05:11,804 Ryan, whatever you're holding back must be damning enough to scare them. 74 00:05:11,844 --> 00:05:14,210 They're counting on your fear to protect themselves. 75 00:05:14,280 --> 00:05:16,805 I'll take a lie detector test—— 76 00:05:16,849 --> 00:05:18,783 and prove that I didn't do anything. 77 00:05:18,818 --> 00:05:21,343 That's not enough for what your buddies are telling us. 78 00:05:21,387 --> 00:05:23,685 Ryan, you're accused of raping a woman. 79 00:05:27,527 --> 00:05:29,518 I'm 17. 80 00:05:31,531 --> 00:05:34,625 I don't have a record. You'll be tried as an adult. 81 00:05:34,667 --> 00:05:36,726 Any jury that sees those tapes 82 00:05:36,769 --> 00:05:39,966 will send you up for a lot more time than your buddies'll do. 83 00:05:47,580 --> 00:05:49,878 You know he didn't run point on this. 84 00:05:49,916 --> 00:05:51,713 I can't prosecute on instincts. 85 00:05:51,751 --> 00:05:53,719 She had bruises on herwrists and ankles. 86 00:05:53,753 --> 00:05:55,687 How many hands do you think my client has? 87 00:05:55,722 --> 00:05:57,952 Interesting defense. You plan to out—prosecute me? 88 00:05:57,990 --> 00:06:00,618 Where are you going to take this? 89 00:06:00,660 --> 00:06:03,322 I can only work with what I have on hand, 90 00:06:03,363 --> 00:06:05,228 and if your client plans to... 91 00:06:05,264 --> 00:06:08,859 martyr himself with a heavier sentence, that's not my problem. 92 00:06:08,901 --> 00:06:12,393 I'll go after the others as hard as I do your client. 93 00:06:12,438 --> 00:06:15,703 DNA tests on the semen samples are due in this afternoon. 94 00:06:15,742 --> 00:06:17,801 We'll talk with you then. 95 00:06:19,645 --> 00:06:23,445 Because it's a game to these kids, and I'm sure they were the driving force. 96 00:06:23,483 --> 00:06:26,748 The Cutrona kid's holding something—— I have no idea what it is. 97 00:06:26,786 --> 00:06:29,254 Nothing out of the transcripts from the victim? 98 00:06:29,288 --> 00:06:31,654 Her recollection has been shaky at best. 99 00:06:31,691 --> 00:06:34,353 She's pretty much repressed the whole event. 100 00:06:36,496 --> 00:06:38,361 She's what, a reporter? 101 00:06:38,398 --> 00:06:41,424 Reporter? She does exploitive crap! 102 00:06:41,467 --> 00:06:43,901 All sizzle and no steak. 103 00:06:43,936 --> 00:06:45,801 Where is that coming from? 104 00:06:45,838 --> 00:06:48,204 I'm sorry, Adam, but I have to be honest. 105 00:06:48,241 --> 00:06:50,709 I want to put away the scum that raped her, 106 00:06:50,743 --> 00:06:54,577 but I don't have to embrace herjournalism, her lifestyle, her attitudes. 107 00:06:54,614 --> 00:06:57,640 I don't like her and I don't think ajury'll like her either. 108 00:06:57,683 --> 00:07:00,174 Tough case without her on the stand. 109 00:07:00,219 --> 00:07:03,086 I wish that were my only concern. 110 00:07:03,122 --> 00:07:05,522 I feel like we're hitting baseballs in the dark. 111 00:07:05,558 --> 00:07:08,994 We've got enough with the tapes and maybe the circumstantial 112 00:07:09,028 --> 00:07:12,122 to put someone away—— probably the wrong kid. 113 00:07:12,165 --> 00:07:14,292 Which means that Metzler's and Hanauer's people 114 00:07:14,333 --> 00:07:16,426 will ask to be severed from the Cutrona kid 115 00:07:16,469 --> 00:07:17,766 because he'll take the fall, 116 00:07:17,804 --> 00:07:19,999 then they get suspended or greatly reduced. 117 00:07:20,039 --> 00:07:22,599 Or maybe nothing. 118 00:07:22,642 --> 00:07:24,872 No match on the semen sample. 119 00:07:24,911 --> 00:07:26,708 On any ofthem? 120 00:07:26,746 --> 00:07:30,011 That could solve our entire dilemma. We may be dead in the water. 121 00:07:30,049 --> 00:07:31,949 Possibly another assailant? 122 00:07:31,984 --> 00:07:33,815 Never mentioned by the others. 123 00:07:33,853 --> 00:07:37,949 She was foggy the first few days on the numbers, but since said it was three. 124 00:07:37,990 --> 00:07:41,289 What about a boyfriend? I'll check. 125 00:07:44,797 --> 00:07:46,697 Just a minute—— 126 00:07:46,732 --> 00:07:49,565 did she state whether there was penetration during the rape? 127 00:07:49,602 --> 00:07:51,331 She's repressed it. 128 00:07:51,370 --> 00:07:54,396 Rape kit findings at the hospital indicate there was. 129 00:07:54,440 --> 00:07:56,533 Ifthere was no discharge during the rape, 130 00:07:56,576 --> 00:07:59,170 could be a boyfriend—— previous night, that morning. 131 00:07:59,212 --> 00:08:01,703 Well, find out. 132 00:08:01,747 --> 00:08:04,773 Eitherway, we're hurt without a DNA match. 133 00:08:07,153 --> 00:08:09,087 Logan: Paul! 134 00:08:09,121 --> 00:08:11,749 We're thinking of requisitioning you 135 00:08:11,791 --> 00:08:13,918 a flakjacket for your birthday. 136 00:08:13,960 --> 00:08:15,791 Yeah, it's all over the precinct. 137 00:08:15,828 --> 00:08:18,092 Last I heard he—— what, single—handedly disarmed the kid? 138 00:08:18,130 --> 00:08:20,826 Crushed the gun with his bare hands. 139 00:08:29,308 --> 00:08:31,299 Monica DeVries have a boyfriend? 140 00:08:31,344 --> 00:08:33,141 Don't know. Why, are you in the market? 141 00:08:34,280 --> 00:08:35,679 How was she in the line—up? 142 00:08:37,383 --> 00:08:39,351 What do you mean? 143 00:08:39,385 --> 00:08:41,148 Her confidence. 144 00:08:41,187 --> 00:08:44,520 Not good, she wasn't clear. And the perps? 145 00:08:44,557 --> 00:08:46,923 The young kid was a giveaway, nervous. 146 00:08:46,959 --> 00:08:48,620 He'd never been in a line—up. 147 00:08:50,296 --> 00:08:52,196 Is this thing unraveling? 148 00:08:52,231 --> 00:08:55,860 There's no DNA match on the semen samples. 149 00:08:55,902 --> 00:08:58,769 Come on, that's crap! They bragged about it all over the neighborhood. 150 00:08:58,804 --> 00:09:00,271 We got their confession on tape! 151 00:09:00,306 --> 00:09:02,001 Conflicting. 152 00:09:02,041 --> 00:09:03,975 Yeah... 153 00:09:04,010 --> 00:09:05,910 still. 154 00:09:07,947 --> 00:09:10,677 So there's no match—— that doesn't mean she wasn't raped. 155 00:09:12,952 --> 00:09:14,715 What are you gonna do? 156 00:09:16,122 --> 00:09:18,386 Hope she slept with someone before the attack. 157 00:09:23,462 --> 00:09:25,657 Four in the last half hour. 158 00:09:25,698 --> 00:09:28,064 Press thinks the case may be slipping away. 159 00:09:28,100 --> 00:09:30,227 How do you think they'd react ifthey sensed an opportunity 160 00:09:30,269 --> 00:09:32,362 to publicly fry one of their own? 161 00:09:32,405 --> 00:09:33,702 Meaning what? 162 00:09:35,341 --> 00:09:37,332 Advance copy of tomorrow's "Ledger." 163 00:09:40,947 --> 00:09:43,609 This backed up? They know she's got a record. 164 00:09:43,649 --> 00:09:46,880 A five—year—old bust. She was there to research a story. 165 00:09:46,919 --> 00:09:48,216 Can't we counter with a statement? 166 00:09:48,254 --> 00:09:51,655 Like what? "Everybody past fifth grade 167 00:09:51,691 --> 00:09:53,716 should understand relevance"? 168 00:09:53,759 --> 00:09:57,217 Reasonable doubt in the mind of ajury, the defense'll run with it. 169 00:09:58,965 --> 00:10:01,058 One drug arrest five years ago. 170 00:10:01,100 --> 00:10:04,695 It's like another lifetime. But now, because it's on page six, 171 00:10:04,737 --> 00:10:06,637 I can be raped without penalty. 172 00:10:06,672 --> 00:10:09,038 It's not a question of abstract application 173 00:10:09,075 --> 00:10:11,305 ofthe law, Ms. DeVries, it's perception. 174 00:10:11,344 --> 00:10:15,007 We 're dealing with the collective minds and morals of a junl. 175 00:10:15,047 --> 00:10:17,447 Often, it'sjust a question of cause and effect. 176 00:10:17,483 --> 00:10:20,475 What was she doing down there? Why was she dressed like that? 177 00:10:20,519 --> 00:10:23,215 And what's her background? Jurors are not computers, 178 00:10:23,255 --> 00:10:25,519 these things do have an impact on them. 179 00:10:25,558 --> 00:10:27,822 Maybe they'd like to check between my toes 180 00:10:27,860 --> 00:10:30,021 for needle marks before they rule. 181 00:10:30,062 --> 00:10:32,155 I'll pass. 182 00:10:32,198 --> 00:10:34,428 I've already been bent over once. 183 00:10:41,040 --> 00:10:44,669 Unfortunately, we can no longer prosecute without you on the stand. 184 00:10:44,710 --> 00:10:48,908 You told me you had no problem with me being offthe stand, 185 00:10:48,948 --> 00:10:51,246 that the drug arrest might cloud the issue. 186 00:10:51,283 --> 00:10:54,411 In a perfect world it would, but your friends in the fourth estate 187 00:10:54,453 --> 00:10:56,785 have taken that choice out of our hands. 188 00:10:56,822 --> 00:10:59,757 Plus... we didn't get a match on the DNA tests. 189 00:10:59,792 --> 00:11:01,783 What?! Do you have a boyfriend? 190 00:11:01,827 --> 00:11:04,193 Someone you might have slept with before the attack? 191 00:11:05,731 --> 00:11:08,757 What the hell does that matter? Does that mean I wasn't raped? 192 00:11:08,801 --> 00:11:10,996 The defense'll probably ask for a blood sample. 193 00:11:11,037 --> 00:11:14,200 From every guy they think I might have had sex with? 194 00:11:14,240 --> 00:11:16,731 Monica, I don't want to diminish the rape, 195 00:11:16,776 --> 00:11:19,574 but you're a reporter, try processing the facts. 196 00:11:19,612 --> 00:11:22,775 If it's the system you abhor, make the decision. 197 00:11:22,815 --> 00:11:26,512 Do you want these people who violated you to walk uncontested? 198 00:11:28,454 --> 00:11:30,615 No one in this room has the ability 199 00:11:30,656 --> 00:11:32,851 to redesign the entire railroad. 200 00:11:32,892 --> 00:11:36,089 So I should just lash myself to the front of the train? 201 00:11:36,128 --> 00:11:38,619 Make my peers really happy. 202 00:11:38,664 --> 00:11:40,962 Give them a lot to write about. 203 00:11:42,134 --> 00:11:43,567 You think this is enough newsprint 204 00:11:43,602 --> 00:11:46,537 dedicated to one rape investigation? 205 00:11:46,572 --> 00:11:49,302 Everything but my name—— how polite of them. 206 00:11:49,341 --> 00:11:51,901 There's enough newsprint that if you don't testify, 207 00:11:51,944 --> 00:11:54,640 you're sending a dangerous message to the women of this city—— 208 00:11:54,680 --> 00:11:58,673 that a rape victim's chances for justice are so slim, 209 00:11:58,718 --> 00:12:00,845 she might as well not even press charges. 210 00:12:03,322 --> 00:12:06,314 You are a public figure. People do watch what you do. 211 00:12:07,693 --> 00:12:09,558 It's difficult for any woman. 212 00:12:09,595 --> 00:12:12,689 I'd be lying to myself if I thought it was easier for you. 213 00:12:15,134 --> 00:12:17,659 Testifying might be the only way to counter this. 214 00:12:25,644 --> 00:12:27,669 "The Post," "The Times," 215 00:12:27,713 --> 00:12:29,340 everything to "Vanity Fair." 216 00:12:29,381 --> 00:12:31,975 She's right—— everybody's taken a shot. 217 00:12:32,017 --> 00:12:34,212 She's not named, but she's well—known enough 218 00:12:34,253 --> 00:12:36,619 so the description doesjust as much damage. 219 00:12:38,557 --> 00:12:40,616 Who provided the most coverage? 220 00:12:40,659 --> 00:12:42,183 "Post." 221 00:12:42,228 --> 00:12:43,991 You know anyone over there? 222 00:12:44,029 --> 00:12:46,122 One or two people, why? 223 00:12:46,165 --> 00:12:48,793 We need as much background on her as possible. 224 00:12:48,834 --> 00:12:50,995 You think she's still using? 225 00:12:52,505 --> 00:12:55,941 If she is, I'd like to know before the rest ofthe world does. 226 00:12:57,543 --> 00:12:59,306 Thank you. 227 00:13:00,546 --> 00:13:02,878 Lunch? Thanks a lot. 228 00:13:02,915 --> 00:13:05,042 Look, the bottom line is, 229 00:13:05,084 --> 00:13:07,518 nobody's gone too far. 230 00:13:07,553 --> 00:13:09,612 Every news source in town has practically ID'd her. 231 00:13:09,655 --> 00:13:11,384 No more than any other rape victim. 232 00:13:11,423 --> 00:13:13,687 "Well—known investigative reporter for local TV 233 00:13:13,726 --> 00:13:16,820 whose oft—criticized style of sensational and exploitive coverage——" 234 00:13:16,862 --> 00:13:19,956 Listen, man, she's a local minor celebrity, 235 00:13:19,999 --> 00:13:21,523 people want to follow the case. 236 00:13:21,567 --> 00:13:24,968 The need to read drives the press to print speculations like a drug habit? 237 00:13:25,004 --> 00:13:26,995 Can I put it this way? Nobody I know 238 00:13:27,039 --> 00:13:29,234 is afraid of a civil suit for libel. 239 00:13:29,275 --> 00:13:30,799 She says she's clean. 240 00:13:30,843 --> 00:13:33,744 Plus, I talked to her producers—— they verified the assignment. 241 00:13:33,779 --> 00:13:35,940 Her producers? What are they going to say? 242 00:13:35,981 --> 00:13:38,745 She's a commodity, man. You think they're going to burn her? 243 00:13:38,784 --> 00:13:40,911 But her peers will? 244 00:13:40,953 --> 00:13:42,386 Her peers? 245 00:13:42,421 --> 00:13:44,685 Maybe her peers think she got what she deserved. 246 00:13:44,723 --> 00:13:48,250 Why? Because they think she was buying or because they think she's a bitch? 247 00:13:49,562 --> 00:13:53,225 Look, I'm not here to make any accusations, 248 00:13:53,265 --> 00:13:57,224 but if you listen to what the hallway rumors are, 249 00:13:57,269 --> 00:14:00,033 that's what she was down therefor. 250 00:14:04,810 --> 00:14:07,404 Stone: How many assailants were there, Ms. DeVries? 251 00:14:07,446 --> 00:14:09,937 There were three. And did all three ofthese men 252 00:14:09,982 --> 00:14:12,678 attempt to engage in sexual acts with you on that day? 253 00:14:12,718 --> 00:14:14,845 I think so. You originally told police 254 00:14:14,887 --> 00:14:17,913 there may have been as many as five assailants, is that not true? 255 00:14:17,957 --> 00:14:21,222 I was confused—— The hospital reports that you were traumatized, 256 00:14:21,260 --> 00:14:23,694 and suffering from trauma—induced amnesia, is that correct? 257 00:14:23,729 --> 00:14:25,856 Yes, that's right. Yet you remember now? 258 00:14:25,898 --> 00:14:28,264 Yes! You remember the day and the time of day? 259 00:14:28,300 --> 00:14:31,599 How warm it was? So warm you wanted to take yourjacket off. 260 00:14:31,637 --> 00:14:34,105 You remember the stoop that they forced you under, 261 00:14:34,139 --> 00:14:36,164 screaming for help, and begging for mercy? 262 00:14:36,208 --> 00:14:40,042 Yes, that's right. Yet you cannot remember how many men tried to have sex with you?! 263 00:14:40,079 --> 00:14:41,512 That's not the same thing! 264 00:14:41,547 --> 00:14:43,310 Did any ofthese men try have sex with you? 265 00:14:43,349 --> 00:14:45,943 Yes, damn it! Then will you submit to a drug test, Ms. DeVries? 266 00:14:45,985 --> 00:14:48,044 What the hell is going on? 267 00:14:48,087 --> 00:14:50,681 At that point, I'd jump up and yell objection. 268 00:14:52,658 --> 00:14:54,387 And then what would happen? 269 00:14:54,426 --> 00:14:56,018 I'd argue relevance, 270 00:14:56,061 --> 00:14:59,087 the defense would state that you were there to buy drugs, 271 00:14:59,131 --> 00:15:02,191 or already under the influence ofthem. 272 00:15:02,234 --> 00:15:04,532 Thus your recall—— 273 00:15:04,570 --> 00:15:06,868 or your actions—— 274 00:15:06,906 --> 00:15:09,739 were radically different from what we're stating. 275 00:15:10,743 --> 00:15:12,370 And you would say? 276 00:15:12,411 --> 00:15:14,504 I don't know. 277 00:15:14,546 --> 00:15:17,106 Why don't you tell me? 278 00:15:19,218 --> 00:15:22,381 Word has it, your habit is not as old as you'd like to think. 279 00:15:25,824 --> 00:15:27,792 Iwas not high. 280 00:15:35,501 --> 00:15:36,559 (sighs) 281 00:15:37,703 --> 00:15:39,830 Okay, that's a start. 282 00:15:48,781 --> 00:15:50,612 Were you there to buy drugs? 283 00:15:51,917 --> 00:15:53,612 I was raped. 284 00:15:53,652 --> 00:15:56,815 What the hell difference does it make why I was down there? 285 00:15:56,855 --> 00:15:58,152 It doesn 't. 286 00:15:58,190 --> 00:16:01,455 I don't care if you were there to buy a nuclear bomb. 287 00:16:04,394 --> 00:16:04,394 You are not on trial. 288 00:16:05,631 --> 00:16:07,929 But I cannot prosecute effectively 289 00:16:07,967 --> 00:16:10,731 if I have to worry what's around every corner. 290 00:16:19,645 --> 00:16:22,443 I asked them ifthey had any coke for sale. 291 00:16:22,481 --> 00:16:25,609 Them—— the boys who raped you? 292 00:16:25,651 --> 00:16:26,982 It was for the story. 293 00:16:27,987 --> 00:16:29,978 To check on availability. 294 00:16:39,732 --> 00:16:41,723 Hurts us that she initiated contact. 295 00:16:41,767 --> 00:16:44,497 The defense'll state it could have been a come on. 296 00:16:44,536 --> 00:16:47,937 That's beatable if the jury buys 297 00:16:47,973 --> 00:16:50,305 that her request for coke was research. 298 00:16:50,342 --> 00:16:51,934 Do you? No—— 299 00:16:51,977 --> 00:16:53,672 but I don't have any choice. 300 00:16:53,712 --> 00:16:55,942 It's her memory I'm concerned about now. 301 00:16:55,981 --> 00:16:58,279 Her recollection on a lot ofthe details 302 00:16:58,317 --> 00:16:59,978 did feel... co—mingled. 303 00:17:00,019 --> 00:17:02,317 Could have been culled from the papers. 304 00:17:02,354 --> 00:17:04,879 Yeah, too good on some, non—existent on others. 305 00:17:04,923 --> 00:17:07,721 She remembered she scratched someone, that her actual memory? 306 00:17:09,328 --> 00:17:11,262 "I remember... 307 00:17:11,296 --> 00:17:13,264 clawing at a sweaty face." 308 00:17:13,298 --> 00:17:16,756 Police report does not list scratches on any of the accused, 309 00:17:16,802 --> 00:17:19,032 and there was no tissue under her fingernails. 310 00:17:19,071 --> 00:17:22,472 And "The Post" and another paper both describe that in portrayal pieces. 311 00:17:24,910 --> 00:17:27,310 She hadn't talked to any reporters. 312 00:17:28,547 --> 00:17:31,641 They took license, did not present as fact, 313 00:17:31,683 --> 00:17:34,379 and she latched onto that. 314 00:17:34,420 --> 00:17:36,854 Do you think it was a conscious attempt? 315 00:17:36,889 --> 00:17:38,584 My best guess, no. 316 00:17:38,624 --> 00:17:40,592 I'd say she's filling in the blanks, 317 00:17:40,626 --> 00:17:42,685 and what better source than news accounts? 318 00:17:44,696 --> 00:17:47,256 It makes her a liability on the stand. 319 00:17:47,299 --> 00:17:50,268 Which means we better find out one way or the other. 320 00:17:54,907 --> 00:17:58,638 At this point, she had no recollection of the event at all? 321 00:17:58,677 --> 00:18:02,113 She knew what had happened to her, but only because she had been told. 322 00:18:02,147 --> 00:18:04,638 And she was still in physical pain. 323 00:18:06,051 --> 00:18:08,884 Any rule ofthumb on how much usually comes back? 324 00:18:08,921 --> 00:18:11,287 It differs case to case. 325 00:18:11,323 --> 00:18:12,722 Best hope scenario. 326 00:18:12,758 --> 00:18:16,250 Usually the mind will only go so far. 327 00:18:16,295 --> 00:18:18,889 It'll fill in the areas of information 328 00:18:18,931 --> 00:18:21,627 around the assault, but it won't go 329 00:18:21,667 --> 00:18:24,465 all the way back into the pain. 330 00:18:25,471 --> 00:18:27,632 Thanks. 331 00:18:27,673 --> 00:18:30,471 If we put her on the stand now, they'll shred us. 332 00:18:33,212 --> 00:18:34,577 I don't know. 333 00:18:34,613 --> 00:18:36,945 The public hears dismissal, 334 00:18:36,982 --> 00:18:39,109 they think the case has been dropped. 335 00:18:39,151 --> 00:18:41,642 We'll be editorialized from hell to breakfast. 336 00:18:41,687 --> 00:18:43,882 I'll re—file as soon as something breaks. 337 00:18:43,922 --> 00:18:46,550 Yeah, well, they won't let you finish the sentence. 338 00:18:46,592 --> 00:18:49,083 The press hears dismissal, 339 00:18:49,128 --> 00:18:50,561 that's it. 340 00:18:50,596 --> 00:18:52,063 Then you tell me what to do. 341 00:18:52,097 --> 00:18:54,497 Thejudicial calendar has already been announced. 342 00:18:54,533 --> 00:18:57,024 Who did you draw? Scanlon. 343 00:18:57,069 --> 00:18:59,594 Tough on rape, could have done worse. 344 00:18:59,638 --> 00:19:02,038 Adam, she had poor recall 345 00:19:02,074 --> 00:19:04,634 in the mock cross, and her own doctor 346 00:19:04,676 --> 00:19:06,803 doubts the details have returned. 347 00:19:06,845 --> 00:19:09,109 That, combined with the drug use rumor. 348 00:19:09,148 --> 00:19:11,116 The fact that she asked about coke, 349 00:19:11,150 --> 00:19:14,176 whether it was research or not, puts her in a pretty negative light. 350 00:19:14,219 --> 00:19:16,346 What about the gun charge on Metzler? 351 00:19:16,388 --> 00:19:19,380 Criminal possession, third degree, he never even fired it. 352 00:19:19,424 --> 00:19:22,450 He had intent but, with three court officers wrestling for control—— 353 00:19:22,494 --> 00:19:25,054 That's an "E" felony. Would you rather let him walk? 354 00:19:25,097 --> 00:19:26,724 It's his first offense. 355 00:19:26,765 --> 00:19:28,790 They'll plead to a class "A" misdemeanor, 356 00:19:28,834 --> 00:19:31,029 he'll walk and then we'll really look desperate. 357 00:19:31,069 --> 00:19:33,037 Whewl We'll hold it. 358 00:19:33,071 --> 00:19:35,232 We'll tack it on the rape if we get it. 359 00:19:35,274 --> 00:19:37,139 All right, youjust do me the favor, 360 00:19:37,176 --> 00:19:39,303 and you go as fast as you can to re-open. 361 00:19:39,344 --> 00:19:41,904 We'll get Greevey and Logan back on the investigation. 362 00:19:41,947 --> 00:19:44,507 They'll find evidence to open up the Cutrona kid. 363 00:19:44,550 --> 00:19:46,017 It lies with him. 364 00:19:46,051 --> 00:19:48,747 Somebody's gotta talk to Monica DeVries. 365 00:19:49,955 --> 00:19:52,116 Stone: We go into trial now and we lose, 366 00:19:52,157 --> 00:19:54,125 we cannot go after them again ever. 367 00:20:00,032 --> 00:20:02,125 You asked me what I thought the odds were, 368 00:20:02,167 --> 00:20:04,158 I'm giving you a fair assessment. 369 00:20:04,203 --> 00:20:06,501 It'll be swept into some pending file. 370 00:20:06,538 --> 00:20:08,802 Robinette: Monica, we're not dropping the case. 371 00:20:08,840 --> 00:20:11,331 Oh, and we'll have a better chance two months from noW? 372 00:20:11,376 --> 00:20:14,607 Hopefully we can go in with more substantive evidence. 373 00:20:14,646 --> 00:20:17,740 What more could you possibly need? They've confessed! 374 00:20:17,783 --> 00:20:19,910 I need you on the stand and I can't put you there. 375 00:20:19,952 --> 00:20:22,614 I agreed, for God's sake. 376 00:20:22,654 --> 00:20:24,281 You don't remember. 377 00:20:24,323 --> 00:20:26,154 What? 378 00:20:26,191 --> 00:20:28,022 You don't remember the events. 379 00:20:28,060 --> 00:20:31,257 Your mind has picked up on a mixture of facts and speculation from the news media 380 00:20:31,296 --> 00:20:34,424 and blended them together into something that you believe. 381 00:20:34,466 --> 00:20:36,957 But if I put you on the stand, 382 00:20:37,002 --> 00:20:38,663 any defense attorney in this city 383 00:20:38,704 --> 00:20:41,798 will blow enough holes in that case to bury us. 384 00:20:41,840 --> 00:20:44,206 What matters is that they did it. 385 00:20:44,243 --> 00:20:46,040 Yes, that matters. 386 00:20:46,078 --> 00:20:48,569 But the three of us knowing that in this room 387 00:20:48,614 --> 00:20:50,514 is not a substitute for proof. 388 00:20:50,549 --> 00:20:53,950 And I do intend to prove that you were raped by these suspects. 389 00:20:58,323 --> 00:21:01,656 Bailiff: Docket number 9357, 390 00:21:01,693 --> 00:21:03,684 motion to dismiss 391 00:21:03,729 --> 00:21:06,789 in People versus Howard S. Metzler, 392 00:21:06,832 --> 00:21:08,925 Steven B. Hanauer, 393 00:21:08,967 --> 00:21:11,128 Ryan M. Cutrona. 394 00:21:11,169 --> 00:21:12,636 Mr. Robinette. 395 00:21:14,606 --> 00:21:17,700 Your Honor, with respect to the People's motion, 396 00:21:17,743 --> 00:21:21,304 I'd like to reiterate the State's intention to reopen this case 397 00:21:21,346 --> 00:21:24,110 on such a date when further evidence is obtained. 398 00:21:24,149 --> 00:21:27,312 Otherwise, the People's position is clearly stated 399 00:21:27,352 --> 00:21:29,547 in the papers filed earlier. 400 00:21:29,588 --> 00:21:32,421 Your comments are so noted, Mr. Robinette. 401 00:21:35,227 --> 00:21:38,685 Case number 9357 is dismissed. 402 00:21:38,730 --> 00:21:40,789 Defendants are free to go. 403 00:21:40,832 --> 00:21:42,231 ( gavel bangs ) 404 00:22:04,456 --> 00:22:06,447 ( cameras clicking ) 405 00:22:11,563 --> 00:22:13,292 I'd just like to get this case 406 00:22:13,332 --> 00:22:15,459 back up and running as quickly as possible. 407 00:22:15,500 --> 00:22:18,196 If it sits, we run the risk of it collapsing completely, 408 00:22:18,236 --> 00:22:20,261 and this case is not un—winnable. 409 00:22:20,305 --> 00:22:22,466 Wait a minute, we gave you enough to prosecute. 410 00:22:22,507 --> 00:22:24,532 We're not the ones who blewthis thing. 411 00:22:24,576 --> 00:22:28,273 This is not an assessment of blame. It's a petition to put the case back together. 412 00:22:28,313 --> 00:22:30,508 We've got a victim who's co—mingling fact and fiction, 413 00:22:30,549 --> 00:22:33,416 and a defendant who's holding back relevant information. 414 00:22:33,452 --> 00:22:34,817 So how do we get the truth? 415 00:22:34,853 --> 00:22:36,821 You made the motion to dismiss... 416 00:22:36,855 --> 00:22:38,482 you got any ideas? 417 00:22:38,523 --> 00:22:41,117 No, I don't have any ideas! That's why I'm here! 418 00:22:41,159 --> 00:22:44,720 All right, fellas, could we please hold this down to a dull head stomp? 419 00:22:44,763 --> 00:22:46,663 We're thin. 420 00:22:46,698 --> 00:22:49,064 It's obvious they're holding something back. 421 00:22:49,101 --> 00:22:52,127 If we weren't confident you could provide that something for us, 422 00:22:52,170 --> 00:22:54,764 we would've taken our shots with the jury. 423 00:22:54,806 --> 00:22:57,172 As for suggestions, I don't have any ideas. 424 00:22:57,209 --> 00:22:59,370 We weren't able to leverage Hanauer, 425 00:22:59,411 --> 00:23:02,073 or Metzler, and the younger kid is not forthcoming. 426 00:23:02,114 --> 00:23:05,515 And he's not going to give it up nowthat the case has been dismissed. 427 00:23:05,550 --> 00:23:06,915 But... 428 00:23:06,952 --> 00:23:08,783 if you guys can find a back door... 429 00:23:08,820 --> 00:23:12,153 Well, maybe we press the two older kids—— 430 00:23:12,190 --> 00:23:14,715 work some kind of a play on them. 431 00:23:18,530 --> 00:23:20,589 We'll backtrack through our notes, 432 00:23:20,632 --> 00:23:22,190 see what pops up. 433 00:23:25,003 --> 00:23:26,664 All right, three weeks, 434 00:23:26,705 --> 00:23:29,003 that's all I can afford with their caseload. 435 00:23:29,040 --> 00:23:30,940 Thanks. 436 00:23:33,311 --> 00:23:35,541 Personal effects, Monica DeVries. 437 00:23:35,580 --> 00:23:37,480 She never picked them up. 438 00:23:37,516 --> 00:23:40,246 Neverwill, either. Reminds her too much. 439 00:23:40,285 --> 00:23:41,980 I can't say as I blame her. 440 00:23:42,020 --> 00:23:44,420 Mind ifl borrowthis? 441 00:23:44,456 --> 00:23:47,425 Oh, no, Paul. We have our own. 442 00:23:53,331 --> 00:23:54,821 All right. 443 00:23:54,866 --> 00:23:57,334 They stopped here around 3:50 in the afternoon. 444 00:23:57,369 --> 00:23:59,769 They forced her down under that stoop. 445 00:23:59,805 --> 00:24:02,205 General disagreement on who said what, 446 00:24:02,240 --> 00:24:03,468 blouse was ripped off, 447 00:24:03,508 --> 00:24:06,671 jacket pulled up to hold her arms until it rips. 448 00:24:06,711 --> 00:24:09,202 Slight shoulder dislocation during struggle. 449 00:24:09,247 --> 00:24:11,181 The—— well, 450 00:24:11,216 --> 00:24:13,081 now we get into a big discrepancy 451 00:24:13,118 --> 00:24:16,986 as to who was actually on top of her. 452 00:24:17,022 --> 00:24:18,421 ER report—— 453 00:24:18,457 --> 00:24:20,322 multiple attackers. 454 00:24:20,358 --> 00:24:22,258 How many ofthese buildings did we canvas? 455 00:24:22,294 --> 00:24:25,058 We canvassed both sides—— 456 00:24:25,096 --> 00:24:27,087 whole block, came up with nothing. 457 00:24:27,132 --> 00:24:29,225 No witnesses, just a lot of listeners. 458 00:24:29,267 --> 00:24:31,098 It's the post Kitty Genovese era. 459 00:24:31,136 --> 00:24:33,661 No one wants to look, they think they'll get involved. 460 00:24:33,705 --> 00:24:35,502 This building and the one next to it, 461 00:24:35,540 --> 00:24:38,338 weren't there a couple of apartments we never got? 462 00:24:42,047 --> 00:24:44,174 Yeah, 1B, right here. 463 00:24:44,216 --> 00:24:46,150 Fifth, sixth and 11th. 464 00:24:46,184 --> 00:24:49,119 Left notes each time. Upstairs, same thing. 465 00:24:49,154 --> 00:24:51,782 Good a place as any. 466 00:24:51,823 --> 00:24:54,792 It's about the rape that happened out front. 467 00:24:54,826 --> 00:24:56,350 Woman: I was gone. 468 00:24:56,394 --> 00:24:58,021 Upstate at my sister's. 469 00:24:58,063 --> 00:25:01,157 Did you hear anything from any ofthe neighbors about that day? 470 00:25:01,199 --> 00:25:03,030 You still haven't caught them? 471 00:25:03,068 --> 00:25:05,161 Logan: Hey, Max, let me get in here. 472 00:25:07,506 --> 00:25:09,872 Yes, ma'am, we have. We'rejust following up. 473 00:25:09,908 --> 00:25:12,536 We're wondering, did you hear anything since then? 474 00:25:12,577 --> 00:25:13,805 Talk, rumors? 475 00:25:13,845 --> 00:25:15,836 I don't go out. 476 00:25:15,881 --> 00:25:18,349 This is as far out in the world as I go 477 00:25:18,383 --> 00:25:20,476 without my son. ( lock clicks ) 478 00:25:20,519 --> 00:25:22,749 You better believe I wasn't at home. 479 00:25:22,787 --> 00:25:24,687 20 hours of labor. 480 00:25:24,723 --> 00:25:27,851 Besides, I called. I left a message at the number you left. 481 00:25:29,628 --> 00:25:31,653 ( sighs ) We never got it. 482 00:25:31,696 --> 00:25:34,893 What a surprise. Ms. Varella, was there any talk in the building 483 00:25:34,933 --> 00:25:36,833 about what people heard or saVIf? 484 00:25:36,868 --> 00:25:40,304 Yeah, there were more people here in one weekend than I've talked to in two years. 485 00:25:40,338 --> 00:25:42,602 How come you only arrested three? 486 00:25:42,641 --> 00:25:44,404 Why? Do you think there was more? 487 00:25:44,442 --> 00:25:46,535 The guy down in “C,“ Silva, 488 00:25:46,578 --> 00:25:49,342 heard the whole thing. Said it was six or seven? 489 00:25:49,381 --> 00:25:52,282 Well... wasn't it? 490 00:25:53,451 --> 00:25:55,078 (chirping) 491 00:25:55,120 --> 00:25:57,020 I heard the case was dismissed. 492 00:25:57,055 --> 00:25:59,649 That doesn't mean it's closed. 493 00:25:59,691 --> 00:26:01,784 Did you hear the rape, Mr. Silva? 494 00:26:01,826 --> 00:26:03,555 Most of it. 495 00:26:03,595 --> 00:26:06,086 Although Iwasn't sure what was going on. 496 00:26:06,131 --> 00:26:08,326 I mean... 497 00:26:08,366 --> 00:26:10,459 this street. 498 00:26:10,502 --> 00:26:13,869 Didn't we talk to you? We got a statement down from you. 499 00:26:15,540 --> 00:26:17,405 I said that I was gone. 500 00:26:21,279 --> 00:26:23,440 I was... going through something 501 00:26:23,481 --> 00:26:25,642 with a friend of mine. 502 00:26:25,684 --> 00:26:27,879 I didn't want him to know I was here. 503 00:26:27,919 --> 00:26:29,511 (huffs) 504 00:26:29,554 --> 00:26:32,045 You didn't call 911 during the attack? 505 00:26:32,090 --> 00:26:34,081 I wasn't sure at first. 506 00:26:34,125 --> 00:26:35,524 Uh... 507 00:26:35,560 --> 00:26:37,619 I know I was wrong not to. 508 00:26:37,662 --> 00:26:40,426 These kids live around here. 509 00:26:40,465 --> 00:26:43,923 You know how much bashing goes on on this block? 510 00:26:45,203 --> 00:26:46,761 Besides... 511 00:26:46,805 --> 00:26:48,898 I heard you were making arrests, so... 512 00:26:48,940 --> 00:26:51,636 How many people did you hear? 513 00:26:51,676 --> 00:26:54,110 I thought I might have heard... 514 00:26:54,145 --> 00:26:56,204 five. 515 00:26:57,849 --> 00:26:59,339 I, uh—— I—I—— 516 00:26:59,384 --> 00:27:01,648 I guess I might have heard three. 517 00:27:04,856 --> 00:27:07,586 I tell you, it's more of a mess now than it was two months ago. 518 00:27:07,626 --> 00:27:10,959 People don't know what they heard, what they saw, what they didn't see, 519 00:27:10,996 --> 00:27:14,864 what they heard on the news, what they heard on the street, in the newspapers. 520 00:27:14,899 --> 00:27:17,333 Maybe we'll get a guy down here with a gold watch, 521 00:27:17,369 --> 00:27:19,132 hypnotizes the whole neighborhood? 522 00:27:21,606 --> 00:27:23,073 What? 523 00:27:24,609 --> 00:27:27,339 Why don't we take a legitimate shot with the vic? 524 00:27:28,380 --> 00:27:31,144 Come on, Mike, It's a weak case as is. 525 00:27:31,182 --> 00:27:34,709 You know how the courts stand on that. Hit and miss at best. 526 00:27:34,753 --> 00:27:38,519 No, no, no. I'm not saying we provide them with hypnoticalIy—induced testimony, 527 00:27:38,556 --> 00:27:40,888 No, we'll use it for investigation only. 528 00:27:45,563 --> 00:27:47,326 Talk to the DA. 529 00:27:50,902 --> 00:27:52,893 Robinette: They don't always toss it, 530 00:27:52,937 --> 00:27:56,134 but they have been uneven in accepting aided testimony. 531 00:27:56,174 --> 00:27:58,608 I knowthat. That's not what we're asking. 532 00:27:58,643 --> 00:28:00,611 Look, we're up against a wall here. 533 00:28:00,645 --> 00:28:02,340 I don't want to put her under, 534 00:28:02,380 --> 00:28:04,177 have a new investigatory line pop, 535 00:28:04,215 --> 00:28:06,775 then have the courts tell you guys we can't use it. 536 00:28:08,353 --> 00:28:11,049 It's a good idea—— try it, but if anything new 537 00:28:11,089 --> 00:28:13,922 surfaces during the session, we've got to link it 538 00:28:13,958 --> 00:28:16,358 to something substantive down the line. 539 00:28:16,394 --> 00:28:18,692 As testimony, I'd rather not use it at all, 540 00:28:18,730 --> 00:28:20,527 unless it's extremely compelling. 541 00:28:21,966 --> 00:28:23,957 We'll let you know. 542 00:28:30,942 --> 00:28:32,773 We got bad news. 543 00:28:33,812 --> 00:28:35,712 It's the tox report. 544 00:28:35,747 --> 00:28:38,716 She left a brush and some other effects with the police after the rape. 545 00:28:38,750 --> 00:28:41,776 The hair tested positive, but—— 546 00:28:41,820 --> 00:28:43,549 we can probably counter it. 547 00:28:43,588 --> 00:28:45,886 It doesn't mean she was using on that day. 548 00:28:52,030 --> 00:28:54,430 Paul, you made a serious mistake here. 549 00:28:55,734 --> 00:28:58,362 You ordered a lab test on what basis? 550 00:29:00,438 --> 00:29:02,133 It's for our knowledge only. 551 00:29:02,173 --> 00:29:04,038 I don't want to prosecute her on it. 552 00:29:05,610 --> 00:29:07,874 What about her right to privacy? 553 00:29:07,912 --> 00:29:09,777 Wait a minute. 554 00:29:09,814 --> 00:29:11,543 This is one of your biggest concerns. 555 00:29:11,583 --> 00:29:14,074 "Let's find out before the rest of the world does." 556 00:29:14,119 --> 00:29:16,144 That is over the line. 557 00:29:17,989 --> 00:29:20,150 You mean to tell me it's more important 558 00:29:20,191 --> 00:29:22,318 that we maintain some myth of blind justice, 559 00:29:22,360 --> 00:29:24,419 walk into court and get our butts kicked? 560 00:29:26,331 --> 00:29:28,629 You'd rather not knoW? 561 00:29:28,666 --> 00:29:32,693 Not if it means circumventing a basic guaranteed right ofthe people. 562 00:29:32,737 --> 00:29:35,706 What about the Supreme Court's stand 563 00:29:35,740 --> 00:29:39,141 on blind drug testing—— mandatory in certain job classifications? 564 00:29:39,177 --> 00:29:41,441 Not mandatory when you're raped. 565 00:29:49,954 --> 00:29:52,684 Monica: "...It's a party, " and they started to laugh. 566 00:29:52,724 --> 00:29:55,124 Doctor: When they ask where you were going, 567 00:29:55,160 --> 00:29:57,424 do you look at their faces? 568 00:29:57,462 --> 00:30:00,954 Monica: I think if I look right at them, 569 00:30:00,999 --> 00:30:04,867 they'll stop harassing me. 570 00:30:06,704 --> 00:30:08,899 What do their faces look like? 571 00:30:13,778 --> 00:30:15,746 They're young. 572 00:30:17,482 --> 00:30:19,541 Late teens, 573 00:30:19,584 --> 00:30:21,347 early 20s. 574 00:30:23,621 --> 00:30:25,953 The youngest looks frightened. 575 00:30:25,990 --> 00:30:28,515 The others are bigger. 576 00:30:29,561 --> 00:30:31,688 They seem older. 577 00:30:34,098 --> 00:30:36,328 Which one is the most... 578 00:30:36,367 --> 00:30:38,562 intimidating? 579 00:30:38,603 --> 00:30:41,128 The oldest. 580 00:30:43,541 --> 00:30:46,442 He doesn't have any life in his eyes. 581 00:30:49,914 --> 00:30:52,474 I know he's the most dangerous. 582 00:30:55,854 --> 00:30:58,482 He doesn't care that I'm afraid. 583 00:31:00,425 --> 00:31:02,620 He's not excited by it—— 584 00:31:04,596 --> 00:31:06,757 not like the other three. 585 00:31:06,798 --> 00:31:09,392 They're there for him. 586 00:31:13,504 --> 00:31:15,972 Monica, let's back up for a second. 587 00:31:16,007 --> 00:31:18,942 When you were describing the boys, 588 00:31:18,977 --> 00:31:23,346 did you mean to describe three or four to me? 589 00:31:26,050 --> 00:31:27,745 Four. 590 00:31:27,785 --> 00:31:29,844 ( softly ) Are you sure? 591 00:31:31,189 --> 00:31:33,282 You're sure? 592 00:31:33,324 --> 00:31:35,758 Yes. 593 00:31:41,599 --> 00:31:43,396 Now I'm going to ask you 594 00:31:43,434 --> 00:31:45,595 to relax even further. 595 00:31:45,637 --> 00:31:47,537 Remember, 596 00:31:47,572 --> 00:31:50,541 these are only memories. 597 00:31:50,575 --> 00:31:53,100 They cannot hurt you. 598 00:31:55,179 --> 00:31:58,410 This fourth boy, who is the oldest, 599 00:31:58,449 --> 00:32:01,111 focus in on him, 600 00:32:01,152 --> 00:32:04,178 and tell me about his face. 601 00:32:06,991 --> 00:32:08,891 Gaunt. 602 00:32:12,096 --> 00:32:13,893 Drawn . 603 00:32:13,932 --> 00:32:16,162 Looks that—— 604 00:32:16,200 --> 00:32:19,169 might once have been good—looking. 605 00:32:21,606 --> 00:32:23,938 He has green eyes. 606 00:32:30,315 --> 00:32:33,341 His skin is pale. 607 00:32:34,719 --> 00:32:37,847 His hair looks unwashed. 608 00:32:37,889 --> 00:32:41,381 Did you, at any time during the attack, 609 00:32:41,426 --> 00:32:44,020 hear his name used? 610 00:32:50,268 --> 00:32:52,259 Tim. 611 00:32:55,006 --> 00:32:57,031 We know there was a fourth guy. 612 00:32:57,075 --> 00:32:59,669 We know he committed the majority ofthe rape. 613 00:32:59,711 --> 00:33:03,374 We got his first name. I say we use it against the other three. 614 00:33:03,414 --> 00:33:05,507 One of them's bound to collapse. 615 00:33:05,550 --> 00:33:07,950 It would only tip our hand. 616 00:33:07,986 --> 00:33:10,045 Something in here has got to lead to him. 617 00:33:10,088 --> 00:33:12,454 She told us who did what, 618 00:33:12,490 --> 00:33:14,390 who held her, who performed what acts, 619 00:33:14,425 --> 00:33:16,723 the fact that he tried to get her to fellate him, 620 00:33:16,761 --> 00:33:18,319 the threats to slash her face. 621 00:33:18,363 --> 00:33:20,593 We got everything we need except the fourth guy. 622 00:33:20,631 --> 00:33:23,691 We pick him up, we get a blood test to match on the semen sample, 623 00:33:23,735 --> 00:33:26,169 it's a slam dunk—— the other three go down with him. 624 00:33:26,204 --> 00:33:29,731 Fine, let's go pick him up. His name's Tim. 625 00:33:29,774 --> 00:33:32,242 Come on, Max, you know what the hell I'm talking about. 626 00:33:37,248 --> 00:33:39,182 All right, you want to make a move? 627 00:33:39,217 --> 00:33:41,151 Let's check the stoop for glass. 628 00:33:41,185 --> 00:33:42,880 What?! 629 00:33:42,920 --> 00:33:45,548 She remembered them breaking a bottle, 630 00:33:45,590 --> 00:33:48,081 threatening to slash her face, right? 631 00:33:49,427 --> 00:33:52,157 Two months later you think we're going to find anything? 632 00:33:52,196 --> 00:33:54,528 When's the last time you swept under your stoop? 633 00:33:57,068 --> 00:33:59,764 Ugh, this is making me nauseous. 634 00:33:59,804 --> 00:34:02,500 Gee, that's funny, Max. You ought to come down here. 635 00:34:02,540 --> 00:34:05,338 I was thinking of puking just to improve the smell. 636 00:34:05,376 --> 00:34:07,503 Oop, more glassl 637 00:34:07,545 --> 00:34:10,639 Okay, send it up. 638 00:34:16,687 --> 00:34:19,622 Remind me never to eat at your house. 639 00:34:19,657 --> 00:34:23,184 They're perfectly good tongs, you think I'm going to throwthem away? 640 00:34:23,227 --> 00:34:25,695 You got a couple of partials, 641 00:34:25,730 --> 00:34:28,597 third and fourth fingerprints on one of the fragments, 642 00:34:28,633 --> 00:34:30,726 I think it's a bottleneck. 643 00:34:30,768 --> 00:34:34,898 Run a crosscheck on every set we got, first name Tim, Timothy—— 644 00:34:34,939 --> 00:34:36,600 do all the “T's" just to be safe. 645 00:34:36,641 --> 00:34:38,370 It's going to take some time. 646 00:34:38,409 --> 00:34:40,934 Hey, do I look like I'm in a hurry? 647 00:34:40,978 --> 00:34:43,446 Timothy Pruitingl 648 00:34:43,481 --> 00:34:46,416 Three assaults, two narco pops, one sale weight, 649 00:34:46,451 --> 00:34:49,113 partial matches on middle and ring finger. 650 00:34:49,153 --> 00:34:52,316 Great. It's not enough—— they're only partial matches. 651 00:34:52,356 --> 00:34:55,655 There's at least 35 other possible match ups here. 652 00:34:55,693 --> 00:34:57,786 Logan: He lives two blocks from the scene. 653 00:34:57,829 --> 00:34:59,922 He's been popped for dealing. 654 00:34:59,964 --> 00:35:03,422 Narcotics says Metzler and Hanauer have been running for him for months! 655 00:35:03,468 --> 00:35:05,299 Fine. The prints place him at the scene, 656 00:35:05,336 --> 00:35:07,634 not the time, of the attack. 657 00:35:07,672 --> 00:35:09,867 We pop him, he'll match on the DNA. 658 00:35:09,907 --> 00:35:13,638 And what if he doesn't? There's no sex offenses here. What do we hold him on? 659 00:35:13,678 --> 00:35:16,909 I don't know. This guy fits. 660 00:35:16,948 --> 00:35:20,577 Tulli down in narcotics says he'd gut his mother for a nickel. 661 00:35:20,618 --> 00:35:24,179 The Cutrona kid's probably scared to death. 662 00:35:24,222 --> 00:35:26,315 Look, guys, 663 00:35:26,357 --> 00:35:28,382 do I have to speak slowly here? 664 00:35:28,426 --> 00:35:30,690 Yes, I think he's our guy. 665 00:35:30,728 --> 00:35:32,355 Yes, I would like to pop him, 666 00:35:32,396 --> 00:35:34,728 but this thing has been dismissed once already. 667 00:35:34,765 --> 00:35:37,598 We cannot go off half—cocked. We need more. 668 00:35:37,635 --> 00:35:39,626 Like what? 669 00:35:39,670 --> 00:35:43,470 Like... testimony from the Cutrona kid. 670 00:35:43,508 --> 00:35:45,499 A statement, anything. 671 00:35:47,111 --> 00:35:48,635 We'll give him a run. 672 00:35:49,780 --> 00:35:51,771 Good, Mike, because... 673 00:35:51,816 --> 00:35:54,785 I don't think he's gonna come waltzing in here on his own! 674 00:36:01,959 --> 00:36:03,893 Logan: We know he was there. 675 00:36:03,928 --> 00:36:06,396 We need you to testify against him. 676 00:36:06,430 --> 00:36:10,764 You do that, the DA will reduce the rape charges against you. 677 00:36:10,801 --> 00:36:12,462 How far? You'd have to talk to Stone, 678 00:36:12,503 --> 00:36:15,165 but he assured me... no time. 679 00:36:16,574 --> 00:36:18,439 What about working for Pruiting? 680 00:36:18,476 --> 00:36:20,341 You're not up on the drug charges. 681 00:36:20,378 --> 00:36:23,347 The hope is you clean that up by yourself. 682 00:36:24,815 --> 00:36:26,783 He said he'd kill me. 683 00:36:26,817 --> 00:36:28,614 M ax: You let us worn! about that. 684 00:36:28,653 --> 00:36:30,814 The truth is, he's a punk. 685 00:36:30,855 --> 00:36:33,119 He's not going to last long in prison. 686 00:36:33,157 --> 00:36:35,125 You'd be the least of his problems. 687 00:36:46,571 --> 00:36:48,562 He'll testify. 688 00:36:48,606 --> 00:36:49,800 (sighs) 689 00:36:55,446 --> 00:36:57,505 ( gun cocks ) 690 00:37:12,230 --> 00:37:14,790 Police, Mr. Pruiting. You're under arrest—— 691 00:37:14,832 --> 00:37:16,356 Hold it! 692 00:37:16,400 --> 00:37:19,858 Get off of me, man! You're charged with rape and assault. 693 00:37:19,904 --> 00:37:22,099 You have the right to remain silent—— Freeze! 694 00:37:22,139 --> 00:37:24,630 Those little bastards ratted on me, man. 695 00:37:24,675 --> 00:37:27,007 I'm not going down alone! 696 00:37:27,044 --> 00:37:28,807 You hear me! You think I'm lying? 697 00:37:28,846 --> 00:37:31,406 Those little jeflrs were with me when we did it. 698 00:37:31,449 --> 00:37:33,940 I want those little humps! Put something on. 699 00:37:33,985 --> 00:37:37,182 Little punks'll say whatever you want to hear! Logan: Yeah, yeah. 700 00:37:58,309 --> 00:38:00,140 ( knocking ) 701 00:38:10,755 --> 00:38:12,382 What the hell's going on? 702 00:38:12,423 --> 00:38:14,482 When was he Mirandized at the bust? 703 00:38:14,525 --> 00:38:17,722 Hey, that's crap if he's saying he wasn't Mirandized. 704 00:38:17,762 --> 00:38:20,287 I read 'em as we were taking him out. 705 00:38:20,331 --> 00:38:22,891 After he made the statements. 706 00:38:22,933 --> 00:38:24,833 Are you gonna tell us about our day? 707 00:38:24,869 --> 00:38:27,702 Sounds like spontaneous declaration to me. 708 00:38:27,738 --> 00:38:30,571 Fine, it'll fall into "For what it's worth," and I'll bury it. 709 00:38:30,608 --> 00:38:34,669 I'll be with my client. Let's not have this take all day. 710 00:38:39,917 --> 00:38:41,748 Look, 711 00:38:41,786 --> 00:38:44,084 I started during his statements. 712 00:38:44,121 --> 00:38:47,249 The guy was screaming like crazy, then the girl made a move. 713 00:38:47,291 --> 00:38:49,452 I re—read them after everything calmed down. 714 00:38:49,493 --> 00:38:51,654 Hey, this guy was out of his mind high, 715 00:38:51,696 --> 00:38:53,493 he was blurting things out left and right. 716 00:38:53,531 --> 00:38:56,091 It doesn't matter. I'll make it admissible. 717 00:38:56,133 --> 00:38:58,101 Taggert'll take the wind out of it. 718 00:38:58,135 --> 00:39:00,729 The statements may be too vague to help us anyway. 719 00:39:00,771 --> 00:39:03,239 So why aren't we asking for a blood sample? 720 00:39:03,274 --> 00:39:04,741 Because we have a problem. 721 00:39:04,775 --> 00:39:06,367 Oh? 722 00:39:06,410 --> 00:39:08,275 You can't subpoena blood samples 723 00:39:08,312 --> 00:39:10,473 if you have nothing to match it against. 724 00:39:13,284 --> 00:39:15,343 Forensics seems to have... 725 00:39:15,386 --> 00:39:17,752 misplaced the rape samples. 726 00:39:17,788 --> 00:39:19,813 What?!! 727 00:39:19,857 --> 00:39:21,791 (sighs) 728 00:39:21,826 --> 00:39:23,760 This is unbelievable. 729 00:39:23,794 --> 00:39:25,762 They're continuing to look, but my guess is 730 00:39:25,796 --> 00:39:29,323 some idiot saw the paperwork come through on the dismissal and out they went. 731 00:39:29,367 --> 00:39:30,959 That's incredible. 732 00:39:31,001 --> 00:39:34,095 Which leaves us with not much. 733 00:39:34,138 --> 00:39:35,662 What do you want to do? 734 00:39:35,706 --> 00:39:37,867 Stone: That's what we're here to decide. 735 00:39:37,908 --> 00:39:40,172 I can't justify much longer 736 00:39:40,211 --> 00:39:42,406 detaining Pruiting to his lawyers. 737 00:39:42,446 --> 00:39:45,006 Even with the Cutrona kid's statement? 738 00:39:45,049 --> 00:39:46,983 That's an uncorroborated statement 739 00:39:47,017 --> 00:39:48,644 from an accomplice. 740 00:39:48,686 --> 00:39:50,950 We need something to back that up with. 741 00:39:55,025 --> 00:39:56,925 How long can you justify holding him? 742 00:40:00,030 --> 00:40:02,498 Duck a couple of phone calls from his attorney. 743 00:40:02,533 --> 00:40:04,296 After that... 744 00:40:04,335 --> 00:40:06,826 After that, you lose the paperwork. 745 00:40:06,871 --> 00:40:09,169 Max, what is this? 746 00:40:09,206 --> 00:40:12,869 Last shot—— get Metzler and Hanauer to roll. 747 00:40:12,910 --> 00:40:15,401 We got no leverage—— what the hell is going on? 748 00:40:17,481 --> 00:40:20,473 Max, no deals. I want the other two as much as Pruiting. 749 00:40:31,028 --> 00:40:32,120 ( police radio chatter) 750 00:40:32,163 --> 00:40:34,529 Max: Look at those mooks, still selling crack 751 00:40:39,804 --> 00:40:41,772 Gentlemen. 752 00:40:41,806 --> 00:40:44,274 Ifthis is a roust, you've got no cause. 753 00:40:44,308 --> 00:40:46,401 You think we need cause, ant brain? 754 00:40:46,444 --> 00:40:49,538 You think we don't know how to move vials, huh? 755 00:40:49,580 --> 00:40:51,707 Hey, Mike. Come on. 756 00:40:53,551 --> 00:40:56,782 No roust, no charges, no interrogation. 757 00:40:56,821 --> 00:40:59,187 You just come in, make some statements, 758 00:40:59,223 --> 00:41:00,952 we listen—— Listen to what? 759 00:41:00,991 --> 00:41:02,856 Your version of what happened. 760 00:41:02,893 --> 00:41:05,521 Since Tim Pruiting's been in all day screaming 761 00:41:05,563 --> 00:41:08,259 that he didn't rape Monica DeVries. What? 762 00:41:08,299 --> 00:41:10,665 He says it was you guys. 763 00:41:10,701 --> 00:41:12,862 You're full of it. 764 00:41:12,903 --> 00:41:15,269 Watch your mouth. 765 00:41:15,306 --> 00:41:18,002 You think I pulled that name out ofthin air? 766 00:41:18,042 --> 00:41:21,409 You want me to describe his place? 767 00:41:21,445 --> 00:41:24,278 In fact, we can drop by. I'll show you what a mess we made during the bust. 768 00:41:24,315 --> 00:41:26,340 Is he saying we did her? That's a load. 769 00:41:26,383 --> 00:41:28,578 Hey, you don't have to convince us, 770 00:41:28,619 --> 00:41:30,177 we know he did her... 771 00:41:30,221 --> 00:41:32,985 but we gotta pop somebody for it. 772 00:41:33,023 --> 00:41:34,684 It's bull! 773 00:41:34,725 --> 00:41:36,522 You want us to roll. 774 00:41:36,560 --> 00:41:39,358 We already arrested him, genius. 775 00:41:39,396 --> 00:41:41,489 We don't need you to incriminate him. 776 00:41:41,532 --> 00:41:44,695 So we're not under arrest? 777 00:41:44,735 --> 00:41:46,669 Absolutely not. 778 00:41:47,771 --> 00:41:49,204 Unless... 779 00:41:49,240 --> 00:41:52,403 he convinces us that he's right. 780 00:41:56,881 --> 00:41:58,678 It can't be used against us? 781 00:41:58,716 --> 00:42:00,980 That's the deal. 782 00:42:01,018 --> 00:42:02,781 Tell you what. 783 00:42:02,820 --> 00:42:04,879 I'll make it really easy. 784 00:42:04,922 --> 00:42:07,823 I'll call Legal Aid. 785 00:42:07,858 --> 00:42:09,826 They'll set up a room. 786 00:42:09,860 --> 00:42:12,693 You come in, in and out, 787 00:42:12,730 --> 00:42:16,257 no hanging around. Give me a quarter. 788 00:42:16,300 --> 00:42:18,393 What? Give me a quarter. 789 00:42:21,171 --> 00:42:22,729 What are you doing? 790 00:42:22,773 --> 00:42:24,673 Huh? 791 00:42:31,248 --> 00:42:34,684 Hey, that's great, Max. Now we got even more unusable statements. 792 00:42:34,718 --> 00:42:37,186 Think so? Who you calling? 793 00:42:38,255 --> 00:42:39,620 Marie. 794 00:42:42,760 --> 00:42:46,594 Think they have a reasonable expectation of privacy right noW? 795 00:42:48,332 --> 00:42:50,129 Hi, honey, it's me. 796 00:42:55,739 --> 00:42:57,764 You're out of your mind, you know that? 797 00:42:57,808 --> 00:42:59,799 Stone's going to blow a fuse over this 798 00:42:59,843 --> 00:43:01,834 and Cragen'll strap us to our desks forever. 799 00:43:01,879 --> 00:43:03,676 Wrong, Detective. 800 00:43:03,714 --> 00:43:07,445 They are not under arrest. 801 00:43:09,019 --> 00:43:10,509 Oooh. 802 00:43:10,554 --> 00:43:13,580 Hanauer's voice: Because if he is, I'm not taking the fall, 803 00:43:13,624 --> 00:43:16,525 and neither should you. We didn't do her. He got off on it. 804 00:43:16,560 --> 00:43:19,290 Metzler: What's all this crap about keeping our mouth 's shut? 805 00:43:19,330 --> 00:43:21,298 He tells us they got no evidence 806 00:43:21,332 --> 00:43:23,732 'cause he's the only one who 7! match the load, 807 00:43:23,767 --> 00:43:26,258 and he gets picked up and rolls? Screw him! 808 00:43:26,303 --> 00:43:28,863 Look, we know what we did, we just tell it straight. 809 00:43:28,906 --> 00:43:31,739 All we did was hold her, maybe some other stupid stuff, 810 00:43:31,775 --> 00:43:34,209 but we 're not riding down for Pruiting. 811 00:43:34,244 --> 00:43:36,178 All right, so it's damning. 812 00:43:36,213 --> 00:43:39,080 Do I have to run a list here, Stone? 813 00:43:39,116 --> 00:43:42,677 Miranda, Bartolameo, the Supreme Court's Minnick decision. 814 00:43:42,720 --> 00:43:44,881 The whole thing's illegally obtained. 815 00:43:44,922 --> 00:43:46,583 They were both represented by counsel. 816 00:43:46,624 --> 00:43:48,649 Not for the past two months, they weren't. 817 00:43:48,692 --> 00:43:51,991 There were no charges pending. There was no accusatory instrument pending, 818 00:43:52,029 --> 00:43:54,395 no outstanding indictment. You know as well as I do 819 00:43:54,431 --> 00:43:56,661 that Minnick provides nothing new in New York. 820 00:43:56,700 --> 00:43:58,463 What about their privacy? 821 00:44:00,204 --> 00:44:03,799 The court's stance on the expectation of privacy is fairly clear. 822 00:44:03,841 --> 00:44:07,072 Please! They were sitting in a cop car. 823 00:44:07,111 --> 00:44:11,138 With the doors wide open, in the middle ofthe day, in a city street. 824 00:44:11,181 --> 00:44:15,117 You think there's a greater expectation of privacy there than on a cordless phone? 825 00:44:15,152 --> 00:44:17,916 And I'm sure you know the court's stance on that. 826 00:44:17,955 --> 00:44:19,752 It's debatable. 827 00:44:19,790 --> 00:44:22,054 That's not debatable, that's precedent. 828 00:44:22,092 --> 00:44:24,652 And that's what I'm going into court with. 829 00:44:24,695 --> 00:44:26,663 You did good work. 830 00:44:26,697 --> 00:44:29,188 Make sure it doesn't get thrown out of court. 831 00:44:29,233 --> 00:44:31,997 I can't be sure of anything, but I do knowwhat I believe in, 832 00:44:32,036 --> 00:44:34,231 and I believe you didn't violate the system. 833 00:44:34,271 --> 00:44:36,364 Want to re—arrest Hanauer and Metzler? 834 00:44:36,407 --> 00:44:39,240 Absolutely. No bargains. The charge is rape. 835 00:44:39,309 --> 00:44:42,278 We'll let their defense attorneys figure out if they want to sever or not. 836 00:44:42,312 --> 00:44:44,212 I'm sure they know the procedure by now. 837 00:44:44,248 --> 00:44:46,341 What do you want to do with the Cutrona kid? 838 00:44:46,383 --> 00:44:49,875 Him we need. Paul's going to bring him in for a statement. 839 00:44:49,920 --> 00:44:52,411 I can use that instead ofthe DNA match. 840 00:44:52,456 --> 00:44:54,117 Well, our boy Pruiting 841 00:44:54,158 --> 00:44:56,888 just tried to sell everyone he knows during booking—— 842 00:44:56,927 --> 00:44:59,191 crack dealers, peepers—— 843 00:44:59,229 --> 00:45:01,129 all in the hopes of landing a deal. 844 00:45:01,165 --> 00:45:03,759 Hell ofa guy. 845 00:45:03,801 --> 00:45:05,359 Quite a piece of work. 846 00:45:07,171 --> 00:45:10,572 In the coming days, you will hear arguments on whether three men 847 00:45:10,607 --> 00:45:13,576 in this courtroom are guilty of the crime of rape. 848 00:45:13,610 --> 00:45:17,205 You will then be asked to decide two things: 849 00:45:17,247 --> 00:45:18,976 the fate of the defendants, 850 00:45:19,016 --> 00:45:22,110 and more indirectly the fate of a legal system. 851 00:45:22,152 --> 00:45:26,316 A system that is too often circumvented and mocked 852 00:45:26,356 --> 00:45:29,519 by those who seek to escape the weight of justice. 853 00:45:29,560 --> 00:45:34,190 A system which can be used by the defense 854 00:45:34,231 --> 00:45:38,258 to put a woman, violated against herwill, 855 00:45:38,302 --> 00:45:40,031 on trial... 856 00:45:40,070 --> 00:45:43,005 for anything ranging from how she was dressed 857 00:45:43,040 --> 00:45:46,237 to why she was in a particular neighborhood. 858 00:45:51,882 --> 00:45:53,782 It is the State's position 859 00:45:53,817 --> 00:45:55,978 that there are no valid reasons to justify 860 00:45:56,019 --> 00:45:58,817 violent sexual behavior against another person's will. 861 00:45:58,856 --> 00:46:02,155 It is my job to present these facts to you 862 00:46:02,192 --> 00:46:05,286 and hope that you will agree with the State's position. 863 00:46:05,329 --> 00:46:08,230 It is yourjob to listen—— 864 00:46:08,265 --> 00:46:10,825 to listen how, through willful intimidation, 865 00:46:10,868 --> 00:46:13,632 and a moderate knowledge of the legal system, 866 00:46:13,670 --> 00:46:15,661 these three men 867 00:46:17,975 --> 00:46:18,999 in the face of a woman—— 868 00:46:23,113 --> 00:46:25,081 and in the face of this system. 869 00:46:49,373 --> 00:46:52,672 ( theme music playing ) 67478

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