1 00:00:01,334 --> 00:00:04,235 Narrator: In the criminal justice system, the people are represented 2 00:00:04,270 --> 00:00:06,761 by two separate yet equally important groups... 3 00:00:06,806 --> 00:00:08,671 the police who investigate crime, 4 00:00:08,708 --> 00:00:11,336 and the district attorneys who prosecute the offenders. 5 00:00:11,378 --> 00:00:13,346 These are their stories. 6 00:00:14,581 --> 00:00:16,378 (cash register rings) 7 00:00:17,417 --> 00:00:19,885 - See ya later, Ernie. - Ernie: Catch you tomorrow. 8 00:00:19,919 --> 00:00:22,217 You don't even give a damn, do you? 9 00:00:23,423 --> 00:00:25,288 (sighs) 10 00:00:25,325 --> 00:00:27,225 Do you? 11 00:00:28,628 --> 00:00:31,062 What do you want me to do about it, huh, Maggie? 12 00:00:31,097 --> 00:00:33,657 Like I got a lot of control over your life. 13 00:00:33,700 --> 00:00:35,930 I'm not going back there. 14 00:00:37,170 --> 00:00:39,229 Where are you gonna go, huh? 15 00:00:39,272 --> 00:00:41,331 Aw... 16 00:00:41,374 --> 00:00:43,171 thanks for the invitation. 17 00:00:43,209 --> 00:00:46,042 Look, you just can't start floppin' all over the place. 18 00:00:46,079 --> 00:00:48,206 That's not what I'm talking about! 19 00:00:48,248 --> 00:00:51,684 Let's just get out of here and we'll figure something out, all right? 20 00:00:51,718 --> 00:00:55,654 Oh, so you can just dump me on the street? 21 00:00:57,223 --> 00:00:58,952 Maggie, would you just... 22 00:01:00,260 --> 00:01:03,320 - Or maybe I'll just go away and die, huh? - Maggie... 23 00:01:06,066 --> 00:01:09,661 How about I do everybody else a favor and blow it off right here? 24 00:01:10,670 --> 00:01:13,298 - Or maybe I'll just do everybody else! - Man: Look out! 25 00:01:13,339 --> 00:01:15,671 Maggie... 26 00:01:19,245 --> 00:01:21,145 give me the gun. 27 00:01:24,284 --> 00:01:25,216 Why? 28 00:01:26,786 --> 00:01:29,152 Fine... 29 00:01:29,189 --> 00:01:31,521 do whatever the hell you want. 30 00:01:33,593 --> 00:01:36,187 - No, don't you go! - Man: Look out. 31 00:01:39,999 --> 00:01:42,160 (police radio chatter) 32 00:01:44,737 --> 00:01:46,728 Why'd your girlfriend try to kill you, Danny? 33 00:01:46,773 --> 00:01:48,638 She wasn't tryin' to kill me, man. 34 00:01:48,675 --> 00:01:50,734 The gun just went off. It was an accident. 35 00:01:50,777 --> 00:01:53,211 You were arguing. Nine people saw her shoot at you. 36 00:01:53,246 --> 00:01:55,441 She was drunk, man. She didn't... 37 00:01:55,482 --> 00:01:58,940 Hey, hey... her eyeballs are going through the ceiling... that ain't drunk. 38 00:01:58,985 --> 00:02:01,510 Danny, unlicensed gun... 39 00:02:01,554 --> 00:02:03,749 criminal possession three or four. 40 00:02:03,790 --> 00:02:05,621 Felony or misdemeanor? 41 00:02:06,693 --> 00:02:09,355 - Maybe she took a little meth. - What's a little? 42 00:02:09,395 --> 00:02:12,421 I don't know... five or six hits? 43 00:02:12,465 --> 00:02:14,194 Your treat? 44 00:02:14,234 --> 00:02:16,532 No, man, I don't know where she could've got it. 45 00:02:18,371 --> 00:02:20,305 Cerreta: This better be the truth. 46 00:02:26,779 --> 00:02:29,304 Boyfriend said she did six hits of meth. 47 00:02:29,349 --> 00:02:31,715 Only ID we found. 48 00:02:33,753 --> 00:02:36,688 Corson, Maggie. Issued at Haven House. 49 00:02:36,723 --> 00:02:39,385 Catholic drug rehab center. 50 00:02:41,427 --> 00:02:44,590 Maggie. Maggie. 51 00:02:44,631 --> 00:02:46,565 (police siren blaring) 52 00:02:46,599 --> 00:02:48,863 I got nowhere to go. 53 00:02:52,939 --> 00:02:56,705 (theme music plays) 54 00:04:13,653 --> 00:04:17,111 Look, this is ridiculous. She's 16. She was stoned. 55 00:04:17,156 --> 00:04:20,057 If you want to arrest somebody, arrest the creep she was with. 56 00:04:20,093 --> 00:04:22,459 That's already been done. Now, listen, as for Maggie... 57 00:04:22,495 --> 00:04:24,588 accident or not, she still has to be arraigned. 58 00:04:24,631 --> 00:04:25,757 After that I can take her back to Haven House? 59 00:04:25,798 --> 00:04:28,596 That's up to the judge. 60 00:04:28,635 --> 00:04:30,830 It was a relapse... it happens. 61 00:04:30,870 --> 00:04:33,703 She is an addict... she's making a difficult transition. 62 00:04:33,740 --> 00:04:37,972 No one is doubting you... you're telling the wrong people. She's got to be arraigned. 63 00:04:38,011 --> 00:04:40,070 Great! 64 00:04:41,848 --> 00:04:45,784 - Are you really a... - A nun? Yes, Detective, I am. 65 00:04:45,818 --> 00:04:49,083 So I guess I would call you "Sister." 66 00:04:49,122 --> 00:04:50,851 Call me whatever you want. 67 00:04:50,890 --> 00:04:53,757 Sister, has somebody called Maggie's parents? 68 00:04:53,793 --> 00:04:56,785 She ran away from home three years ago... I doubt she's homesick. 69 00:04:56,829 --> 00:04:59,992 Anyway, she's been in our custody for a year. 70 00:05:00,033 --> 00:05:01,967 She's our responsibility. 71 00:05:06,239 --> 00:05:08,173 I thought nuns had curfews. 72 00:05:08,207 --> 00:05:10,732 That went out with the penguin suit. 73 00:05:11,811 --> 00:05:14,041 Maggie, when you're arraigned, 74 00:05:14,080 --> 00:05:16,173 you'll either be placed in a juvenile ward 75 00:05:16,215 --> 00:05:18,206 or back at Haven House. 76 00:05:18,251 --> 00:05:21,118 Now, chances are, you'll get a compassionate judge 77 00:05:21,154 --> 00:05:22,951 and you can go back to the house. 78 00:05:22,989 --> 00:05:24,854 Maggie? 79 00:05:24,891 --> 00:05:27,758 Get her out of here! I don't want her near me. 80 00:05:27,794 --> 00:05:31,730 - Maggie... - Please! Get her out! 81 00:05:36,102 --> 00:05:38,002 Let's go have a talk. 82 00:05:42,108 --> 00:05:45,271 Maggie, what's the problem? 83 00:05:47,680 --> 00:05:49,910 It doesn't have to leave this room. 84 00:05:59,359 --> 00:06:01,259 Maggie... 85 00:06:07,100 --> 00:06:10,866 Last night, we were in the shower... 86 00:06:10,903 --> 00:06:13,337 You and who? 87 00:06:14,774 --> 00:06:16,537 Sister Bettina? 88 00:06:19,879 --> 00:06:22,211 All right, why were you in the shower? 89 00:06:25,651 --> 00:06:28,620 I was sick and... 90 00:06:28,654 --> 00:06:31,714 she said I'd feel better if I had a hot shower. 91 00:06:32,725 --> 00:06:35,888 Mm-hmm. Okay. 92 00:06:35,928 --> 00:06:38,055 And what happened then? 93 00:06:43,202 --> 00:06:46,399 She... 94 00:06:46,439 --> 00:06:48,839 she had her hands on me. 95 00:06:51,644 --> 00:06:55,080 (sobbing) She put her hands all over me. 96 00:07:01,888 --> 00:07:04,948 Okay, okay, all right. 97 00:07:08,294 --> 00:07:09,989 Cerreta: It didn't come easy, 98 00:07:10,029 --> 00:07:11,963 but she gave me the whole play-by-play... 99 00:07:11,998 --> 00:07:14,899 the what, where, how... everything that Sister Bettina did to her. 100 00:07:14,934 --> 00:07:16,595 You ask the nun about it? 101 00:07:16,636 --> 00:07:18,160 We didn't give her the specifics, 102 00:07:18,204 --> 00:07:21,537 but as far as Maggie being flipped out... she says she doesn't know why. 103 00:07:21,574 --> 00:07:23,872 You think this girl is credible? 104 00:07:23,910 --> 00:07:26,310 Well, she seemed really frightened about going back there. 105 00:07:26,345 --> 00:07:28,438 Hey, man, she's a meth head. 106 00:07:28,481 --> 00:07:31,416 This could be a fabrication... could be she wanted to be kicked out. 107 00:07:31,451 --> 00:07:34,386 But if she wants out, there are better ways than a molest charge. 108 00:07:34,420 --> 00:07:37,480 She's young, she's speeding... who says she needs easy choices? 109 00:07:37,523 --> 00:07:38,990 Meaning? 110 00:07:39,025 --> 00:07:41,220 Come on, this is the first time we've seen 111 00:07:41,260 --> 00:07:43,728 a false accusation on a molest and a rape charge? 112 00:07:43,763 --> 00:07:46,163 Yeah, but there's also the other side, Mike. 113 00:07:46,199 --> 00:07:49,396 - Where is the girl now? - Manhattan Psychiatric. 114 00:07:49,435 --> 00:07:52,427 The DA dropped her to criminal possession four on the gun charge. 115 00:07:52,472 --> 00:07:54,599 Has she talked to anyone else about the molest? 116 00:07:54,640 --> 00:07:58,667 Only her roommate. We have a call in to the Executive Director of Haven House. 117 00:07:58,711 --> 00:08:02,909 Let's see if we can't dodge the inevitable uproar on this one, okay? 118 00:08:06,953 --> 00:08:11,083 Yesterday evening was the first I heard about this. 119 00:08:11,123 --> 00:08:13,216 Maggie's roommate, Maria Barragan, 120 00:08:13,259 --> 00:08:15,124 brought it to my attention. 121 00:08:15,161 --> 00:08:19,154 I sent for Maggie, but she'd already disappeared. 122 00:08:19,198 --> 00:08:21,564 Did you have a chance to speak to Sister Bettina? 123 00:08:21,601 --> 00:08:23,967 This morning, after she got back from the hospital. 124 00:08:24,003 --> 00:08:25,994 She's pretty stunned. 125 00:08:26,038 --> 00:08:27,938 What's your take on this? 126 00:08:27,974 --> 00:08:30,943 I wish I had one. 127 00:08:30,977 --> 00:08:34,105 Maggie Corson can be quite... 128 00:08:34,146 --> 00:08:36,706 Lacking in the credibility department? 129 00:08:36,749 --> 00:08:41,083 Look, all these kids have been on the street. 130 00:08:41,120 --> 00:08:44,248 Survival became a lot more important than honesty 131 00:08:44,290 --> 00:08:46,019 some time ago for most of them. 132 00:08:46,058 --> 00:08:50,017 So your first instinct on this would be that Maggie's lying? 133 00:08:51,130 --> 00:08:53,758 If Maria hadn't seen them, I would have to say 134 00:08:53,799 --> 00:08:57,166 it sounds incredible... given Sister Bettina's reputation. 135 00:08:57,203 --> 00:09:00,604 Wait a minute. Maria is the roommate. 136 00:09:00,640 --> 00:09:04,041 She saw Sister Bettina and Maggie together? 137 00:09:05,778 --> 00:09:08,406 She said she saw them in the shower. 138 00:09:12,652 --> 00:09:16,088 I guess it was around 1:00... Maggie puked all over herself. 139 00:09:16,122 --> 00:09:18,682 Sister B showed up and took her to the can. 140 00:09:18,724 --> 00:09:20,624 Mm-hmm. 141 00:09:20,660 --> 00:09:24,426 - Did you follow them? - No, I just waited, but Maggie wasn't coming back. 142 00:09:24,463 --> 00:09:26,761 I got worried, so I went looking. 143 00:09:26,799 --> 00:09:29,199 I heard the water running in the shower, 144 00:09:29,235 --> 00:09:33,001 and I saw Sister B touching and kissing Maggie. 145 00:09:33,039 --> 00:09:35,166 Now, where... 146 00:09:37,009 --> 00:09:39,239 where exactly did she kiss her? 147 00:09:39,278 --> 00:09:41,803 On her face and her shoulder. 148 00:09:41,847 --> 00:09:44,907 - Was Maggie dressed or undressed? - Undressed. 149 00:09:44,951 --> 00:09:48,512 - And Sister Bettina? - She had on this blue bathrobe. 150 00:09:48,554 --> 00:09:50,749 You see anything else? No. 151 00:09:50,790 --> 00:09:53,315 I went back to my room. I pretended I was asleep. 152 00:09:53,359 --> 00:09:56,385 And Maggie came back by herself... she was crying. 153 00:09:56,429 --> 00:09:59,023 She said Sister B messed with her. 154 00:09:59,065 --> 00:10:01,260 What exactly did she say? 155 00:10:01,300 --> 00:10:06,738 She said Sister B put her fingers, you know... 156 00:10:06,772 --> 00:10:09,639 She was wigged out. She didn't want me to tell anybody. 157 00:10:09,675 --> 00:10:11,302 But you told Mr. Powell. 158 00:10:11,344 --> 00:10:13,039 Sister B's a freak... 159 00:10:13,079 --> 00:10:14,876 she shouldn't be pulling that crap. 160 00:10:14,914 --> 00:10:16,541 Maria, let's get specific. 161 00:10:16,582 --> 00:10:18,880 You said you got worried when Sister Bettina 162 00:10:18,918 --> 00:10:22,012 took Maggie to the bathroom. Why was that? 163 00:10:23,889 --> 00:10:26,414 She'd come on to me before. 164 00:10:26,459 --> 00:10:29,428 She put her hand on my leg... you know. 165 00:10:29,462 --> 00:10:31,453 And she said she loved me. 166 00:10:31,497 --> 00:10:33,624 She was always saying she loves me. 167 00:10:36,402 --> 00:10:39,030 That's what I mean... she's a freak. 168 00:10:45,378 --> 00:10:48,142 Obviously Maria's mixed up. 169 00:10:48,180 --> 00:10:51,479 She says she's pretty sure of what she saw. 170 00:10:51,517 --> 00:10:54,350 Maria practically grew up on Times Square. 171 00:10:54,387 --> 00:10:57,083 There, somebody touches you, it only means one thing. 172 00:10:57,123 --> 00:11:00,058 She's been with us for only three months. 173 00:11:00,092 --> 00:11:03,858 She hasn't had time to... rearrange her thinking. 174 00:11:03,896 --> 00:11:07,457 This "hugs, not drugs"... 175 00:11:07,500 --> 00:11:09,297 do you take that literally? 176 00:11:09,335 --> 00:11:11,701 Do you have any physical interaction with these girls? 177 00:11:11,737 --> 00:11:14,763 It's just a figure of speech. 178 00:11:14,807 --> 00:11:16,672 And you'd be surprised how far 179 00:11:16,709 --> 00:11:19,872 the proper amount of affection will go with these kids. 180 00:11:19,912 --> 00:11:24,110 Maria may have her signals crossed, but that still leaves Maggie. 181 00:11:24,150 --> 00:11:27,051 That one, I can't figure out. 182 00:11:27,086 --> 00:11:29,281 I always got along well with Maggie. 183 00:11:29,321 --> 00:11:31,152 I don't know what happened. 184 00:11:31,190 --> 00:11:33,283 Maybe she's working something out, 185 00:11:33,325 --> 00:11:36,294 maybe she thinks that I let her down. 186 00:11:36,328 --> 00:11:39,559 But you don't deny being in the shower with her that night? 187 00:11:40,800 --> 00:11:44,827 She had stomach flu, and she'd thrown up all over herself and I helped her wash up. 188 00:11:44,870 --> 00:11:47,361 With a shower at 1:00 in the morning? 189 00:11:47,406 --> 00:11:50,603 A sponge bath would be less suspicious? 190 00:11:51,610 --> 00:11:54,374 Logan: I may be wrong... I just don't think she did it. 191 00:11:54,413 --> 00:11:56,779 You think clergy can't trip over their vows? 192 00:11:56,816 --> 00:11:59,046 It happens... I read the same news reports you do. 193 00:11:59,085 --> 00:12:01,178 I just don't think this is one of those cases. 194 00:12:01,220 --> 00:12:04,246 - (car horn blares) - You gotta admit, Phil... 195 00:12:04,290 --> 00:12:06,258 it's not the usual profile. 196 00:12:06,292 --> 00:12:09,989 Just because it's female on female and it's rare doesn't mean it doesn't happen. 197 00:12:10,029 --> 00:12:13,430 Yeah, I know... "Anybody's capable of anything." 198 00:12:13,466 --> 00:12:15,297 That's rule number one. 199 00:12:15,334 --> 00:12:17,734 Look, I'm just sayin' this... 200 00:12:17,770 --> 00:12:19,738 if I was to take odds on this... 201 00:12:19,772 --> 00:12:21,467 An ex-altar boy, wagering? 202 00:12:21,507 --> 00:12:24,908 I confess... we used to lift the wine once in a while. 203 00:12:24,944 --> 00:12:26,912 Not us... 204 00:12:26,946 --> 00:12:29,813 wafers, unblessed. 205 00:12:30,983 --> 00:12:32,848 (laughs) 206 00:12:35,421 --> 00:12:39,152 - Have you ever been afraid of Sister Bettina? - Afraid? No. 207 00:12:40,226 --> 00:12:42,091 Before the night in the shower, 208 00:12:42,128 --> 00:12:45,689 did you ever feel she was interested in you in a sexual way? 209 00:12:45,731 --> 00:12:47,528 No. 210 00:12:47,566 --> 00:12:50,000 I thought she was just being nice to me. 211 00:12:51,337 --> 00:12:54,795 But...? I guess I didn't pick up on it. 212 00:12:54,840 --> 00:12:57,365 I thought she was different. 213 00:12:57,409 --> 00:13:00,105 - Different than...? - Everybody. 214 00:13:01,380 --> 00:13:03,439 Everybody who uses you. 215 00:13:08,387 --> 00:13:10,685 The night that Sister Bettina touched you 216 00:13:10,723 --> 00:13:13,317 you were very sick, weren't you? You had the flu. 217 00:13:13,359 --> 00:13:15,293 Uh-huh. 218 00:13:15,327 --> 00:13:17,818 Did you have any bad dreams? 219 00:13:19,498 --> 00:13:22,296 Are you saying maybe I hallucinated the whole thing? 220 00:13:22,334 --> 00:13:24,700 I know what she did to me. 221 00:13:24,737 --> 00:13:26,602 I know how she made me feel. 222 00:13:26,639 --> 00:13:28,664 And how is that? 223 00:13:31,043 --> 00:13:34,069 When things happen to you on the street, you expect it, you know? 224 00:13:34,113 --> 00:13:36,741 But if it happens to you at Haven House...? 225 00:13:36,782 --> 00:13:39,114 I was supposed to be safe there. 226 00:13:41,353 --> 00:13:43,651 I really trusted her, you know? 227 00:13:45,658 --> 00:13:47,649 I know she did it. 228 00:13:48,661 --> 00:13:50,856 I know how it feels. 229 00:13:50,896 --> 00:13:53,660 Why, has it happened to you before? 230 00:14:04,143 --> 00:14:06,771 For three and a half years... 231 00:14:08,347 --> 00:14:10,679 sometimes twice a week. 232 00:14:12,785 --> 00:14:15,447 I was eight when it started. 233 00:14:20,726 --> 00:14:23,627 My mother never believed me. 234 00:14:25,331 --> 00:14:28,892 "No husband of mine would ever do that," she said. 235 00:14:28,934 --> 00:14:31,061 "He loves you. 236 00:14:33,005 --> 00:14:35,337 He's your stepfather." 237 00:14:42,047 --> 00:14:45,778 Olivet: It's not about sex... it's about trust and betrayal. 238 00:14:45,818 --> 00:14:47,786 She was betrayed by her stepfather, 239 00:14:47,820 --> 00:14:51,449 and then she was betrayed one step further by a mother who refused to hear her. 240 00:14:51,490 --> 00:14:55,221 So Sister Bettina is what... a kind of surrogate mother? 241 00:14:55,261 --> 00:14:57,161 Maggie was trying to rebuild. 242 00:14:57,196 --> 00:14:59,858 Sister Bettina had become a figure she was starting to trust. 243 00:14:59,899 --> 00:15:01,730 This thing blew apart her whole world. 244 00:15:01,767 --> 00:15:04,736 So you don't think this story could have been rehearsed? 245 00:15:04,770 --> 00:15:06,931 I think this girl was blindsided 246 00:15:06,972 --> 00:15:09,440 by someone she never even perceived as a threat... 247 00:15:09,475 --> 00:15:12,535 either emotionally or gender-wise. 248 00:15:12,578 --> 00:15:14,876 There's a lot of pain there. 249 00:15:14,914 --> 00:15:16,973 I don't think it's an act. 250 00:15:17,016 --> 00:15:19,883 Great, so we move on a nun. 251 00:15:21,086 --> 00:15:23,054 I'll get a warrant. 252 00:15:28,027 --> 00:15:31,224 Does Sister Bettina have anything else in storage in the building? 253 00:15:31,263 --> 00:15:33,697 Aside from her office, no. 254 00:15:35,167 --> 00:15:39,331 I keep thinkin' I'm gonna get struck by lightning doing this. 255 00:15:39,371 --> 00:15:41,532 Sister: She should be allowed to be here. 256 00:15:41,573 --> 00:15:44,133 I don't know why she's been treated like a criminal. 257 00:15:44,176 --> 00:15:46,838 I'm sure she understands these men are just doing their job. 258 00:15:46,879 --> 00:15:50,315 Sister Bettina has always been above reproach. 259 00:15:50,349 --> 00:15:53,716 What exactly are you guys looking for? 260 00:15:53,752 --> 00:15:56,915 Well, a lot of people in molestation cases, 261 00:15:56,956 --> 00:15:58,685 they keep diaries, 262 00:15:58,724 --> 00:16:00,851 they might have photographs, you never know. 263 00:16:00,893 --> 00:16:04,590 Sometimes they save something from the encounter as sort of a souvenir. 264 00:16:10,369 --> 00:16:12,963 - Phil... - (zipper closes) 265 00:16:16,442 --> 00:16:18,706 "M. Corson." 266 00:16:20,546 --> 00:16:22,173 Vomit? 267 00:16:22,214 --> 00:16:24,444 Cerreta: She said she was sick that night. 268 00:16:27,286 --> 00:16:29,220 Matching set. 269 00:16:31,490 --> 00:16:34,015 We showed Maggie these garments. 270 00:16:34,059 --> 00:16:37,085 She identified them as the ones she was wearing last Monday night. 271 00:16:37,129 --> 00:16:39,757 Sister Bettina may have kept them as an encounter trophy. 272 00:16:39,798 --> 00:16:42,733 Or she simply intended to get them washed. 273 00:16:42,768 --> 00:16:45,293 There's a laundry hamper in the shower room... 274 00:16:45,337 --> 00:16:47,430 she could've just as well have left them there. 275 00:16:47,473 --> 00:16:50,135 Whatever you want to read into it... it's subjective evidence. 276 00:16:50,175 --> 00:16:52,803 It's still a nun's word against the say-so of two street kids. 277 00:16:52,845 --> 00:16:55,678 What, too bad they're not seniors at Riverdale? 278 00:16:58,150 --> 00:17:01,642 What about this Sister Bettina... anything there? 279 00:17:02,888 --> 00:17:05,686 She grew up in... 280 00:17:05,724 --> 00:17:08,818 Hollis. Joined a convent at age 20. 281 00:17:08,861 --> 00:17:10,886 She's been at Haven House for eight years. 282 00:17:10,929 --> 00:17:13,454 Eight years supervising teenage girls? 283 00:17:13,499 --> 00:17:15,967 If she does have a predilection, 284 00:17:16,001 --> 00:17:18,435 this might not be her first time. 285 00:17:19,772 --> 00:17:21,865 Powell: I never heard a complaint about her. 286 00:17:21,907 --> 00:17:23,670 Never heard a rumor either. 287 00:17:23,709 --> 00:17:26,769 - You've worked with her for how long? - I've been here six years. 288 00:17:26,812 --> 00:17:28,677 Anybody ever complain to the archdiocese? 289 00:17:28,714 --> 00:17:31,649 Had that happened, I know I would have heard about it. 290 00:17:31,683 --> 00:17:33,981 You're not the clergy. 291 00:17:34,019 --> 00:17:35,953 But 70% of our funds come from the church. 292 00:17:35,988 --> 00:17:37,785 Wait a minute... 293 00:17:37,823 --> 00:17:40,917 that should give them more incentive to bury a thing like this. 294 00:17:40,959 --> 00:17:43,154 Not for Bettina. Why not? 295 00:17:43,195 --> 00:17:47,825 Sister Bettina aligns herself with what the church calls "non-traditional nuns"... 296 00:17:47,866 --> 00:17:50,801 outfits like the Women's Ordination Movement... 297 00:17:50,836 --> 00:17:53,532 women as priests, birth control... 298 00:17:53,572 --> 00:17:57,338 if the church had had a reason to get rid of her, I'm sure they would have done it. 299 00:17:57,376 --> 00:18:01,574 How about on the outside? You know anything about her private life? 300 00:18:03,148 --> 00:18:05,082 No, I have no idea. 301 00:18:05,117 --> 00:18:08,211 You ever meet any of her friends? 302 00:18:08,253 --> 00:18:10,847 Well, at fundraisers. 303 00:18:11,990 --> 00:18:14,458 There was a woman... 304 00:18:14,493 --> 00:18:16,825 Anne Houston. 305 00:18:16,862 --> 00:18:19,456 She used to work at the Queens Family Shelter. 306 00:18:19,498 --> 00:18:23,127 I think they still talk like... every other day. 307 00:18:24,136 --> 00:18:26,263 You ever read "Catcher in the Rye"? 308 00:18:26,305 --> 00:18:28,796 Save the children... that's Tina. 309 00:18:28,841 --> 00:18:32,072 Have you ever heard any gossip or complaints about her? 310 00:18:32,111 --> 00:18:36,047 You mean, why would a normal woman choose to live in a community of nuns? 311 00:18:36,081 --> 00:18:39,107 Listen, we've talked about her vows. 312 00:18:39,151 --> 00:18:41,016 We've talked about sex. 313 00:18:41,053 --> 00:18:44,454 Tina always said she redirects her energy into her work. 314 00:18:44,490 --> 00:18:47,118 Logan: Did she get along with the kids? 315 00:18:47,159 --> 00:18:49,320 Did you ever see any misunderstandings? 316 00:18:49,361 --> 00:18:51,886 You know, maybe an incident of some kind? 317 00:18:51,930 --> 00:18:55,024 Look, she ran day care for three years. 318 00:18:55,067 --> 00:18:56,728 Everybody loved her. 319 00:18:56,768 --> 00:18:59,669 You want testimonials? There'll be a line wrapped around this block. 320 00:18:59,705 --> 00:19:01,570 Everybody knows these charges are crap. 321 00:19:01,607 --> 00:19:03,074 Then why did she leave? 322 00:19:03,108 --> 00:19:06,009 She was on loan from the church, and they found out 323 00:19:06,044 --> 00:19:09,775 that the shelter was providing birth control counseling, so they yanked her. 324 00:19:09,815 --> 00:19:13,216 You have any idea why this girl would accuse her? 325 00:19:13,252 --> 00:19:15,413 What difference does it make? 326 00:19:15,454 --> 00:19:19,550 She's been accused, labeled. How's she gonna shake that? 327 00:19:20,959 --> 00:19:24,486 Olivet's report, the clothes, the eyewitness... 328 00:19:24,530 --> 00:19:26,964 most of it seems to support Maggie's story. 329 00:19:26,999 --> 00:19:29,559 Except for the fact that Sister Bettina 330 00:19:29,601 --> 00:19:33,162 practically walks on water, according to all her friends. 331 00:19:35,007 --> 00:19:37,237 I'm waitin' for ideas. 332 00:19:38,644 --> 00:19:41,306 We've got to get off the dime one way or the other. 333 00:19:41,346 --> 00:19:43,143 The archdiocese wants it dropped. 334 00:19:43,182 --> 00:19:45,116 They both seem to be telling the truth. 335 00:19:45,150 --> 00:19:47,846 Fellas, there are no tiebreakers. 336 00:19:47,886 --> 00:19:49,945 If we're not sure she did it, we kick her. 337 00:19:49,988 --> 00:19:52,923 Sister Bettina offered to take a polygraph. 338 00:19:52,958 --> 00:19:56,359 It's not admissible, but at least we'll know if we're on the right track. 339 00:19:59,631 --> 00:20:02,498 - Man: Are you 34 years old? - Bettina: Yes. 340 00:20:04,670 --> 00:20:07,901 - Is your father's name Michael? - Yes. 341 00:20:09,474 --> 00:20:12,739 Were you in Maggie Corson's room the night of February 9th? 342 00:20:12,778 --> 00:20:14,643 Yes. 343 00:20:16,281 --> 00:20:20,308 - Did she have a stomach flu? - Yes. 344 00:20:21,520 --> 00:20:24,421 Did you sexually molest Maggie Corson on that night? 345 00:20:24,456 --> 00:20:26,447 No. 346 00:20:28,260 --> 00:20:31,525 Did you kiss Maggie Corson on that night? 347 00:20:31,563 --> 00:20:33,690 No. 348 00:20:33,732 --> 00:20:38,101 Did you tell the police the truth about the events on the night of February 9th? 349 00:20:38,136 --> 00:20:40,036 Yes. 350 00:20:41,740 --> 00:20:43,537 Are you telling the truth now? 351 00:20:43,575 --> 00:20:45,406 Yes. 352 00:20:51,350 --> 00:20:54,842 She passed on direct questions about the molestation, 353 00:20:54,886 --> 00:20:58,185 but her answers on the details registered as false... 354 00:20:58,223 --> 00:21:00,885 questions like whether or not the girl had a stomach flu. 355 00:21:00,926 --> 00:21:02,894 She could have just been nervous. 356 00:21:02,928 --> 00:21:06,887 She also failed the question of whether or not she was telling the truth. 357 00:21:06,932 --> 00:21:10,026 On the whole, the results classify as "deceptive." 358 00:21:10,068 --> 00:21:12,696 Or inconclusive, depending upon your mindset. 359 00:21:12,738 --> 00:21:14,797 Either way, she's hiding something. 360 00:21:14,840 --> 00:21:16,467 Reason enough to charge her. 361 00:21:16,508 --> 00:21:18,738 Polygraph tests are inadmissible... 362 00:21:18,777 --> 00:21:21,678 you gonna sell this to the grand jury and then not use it? 363 00:21:21,713 --> 00:21:24,705 We have a victim's complaint, eyewitness, opportunity... 364 00:21:24,750 --> 00:21:26,513 I don't foresee a problem. 365 00:21:26,551 --> 00:21:28,746 I would like to see she has a chance to surrender. 366 00:21:28,787 --> 00:21:32,154 - We'll call her. - I want her R.O.R. 367 00:21:32,190 --> 00:21:35,523 We sure we want to be perceived as giving her preferential treatment? 368 00:21:36,862 --> 00:21:40,059 For all intents and purposes, Sister Bettina's indigent. 369 00:21:40,098 --> 00:21:42,362 You see her as a flight risk? I don't. 370 00:21:45,704 --> 00:21:47,797 (church bells tolling) 371 00:21:53,512 --> 00:21:55,673 This is my lawyer, Francine Hughes. 372 00:21:55,714 --> 00:21:57,579 From the archdiocese? 373 00:21:57,616 --> 00:21:59,584 Oh no, she's just an old friend. 374 00:21:59,618 --> 00:22:01,245 May I see the warrant? 375 00:22:03,822 --> 00:22:07,258 My client declines to answer any questions. 376 00:22:07,292 --> 00:22:09,089 Fine. 377 00:22:10,095 --> 00:22:13,929 - It's a beautiful morning, isn't it? - Yeah. 378 00:22:21,239 --> 00:22:24,640 Francine explained the results of the lie detector test. 379 00:22:24,676 --> 00:22:27,611 I'm sure she also told you that polygraph results 380 00:22:27,646 --> 00:22:29,273 are non-admissible as evidence? 381 00:22:29,314 --> 00:22:31,839 Yes, and if it were up to me, I wouldn't be here today, 382 00:22:31,883 --> 00:22:34,647 but Francine insisted that I tell you what happened. 383 00:22:34,686 --> 00:22:38,087 That night, Monday, 384 00:22:38,123 --> 00:22:41,991 Maggie didn't have the flu... she was drunk. 385 00:22:42,027 --> 00:22:45,622 When I found her, she could hardly stand up. She was covered in vomit. 386 00:22:45,664 --> 00:22:48,428 I helped her wash up and then I put her to bed. 387 00:22:48,467 --> 00:22:50,458 And then I hid her clothes in my room. 388 00:22:50,502 --> 00:22:53,767 I didn't want anyone to know she'd been drinking. 389 00:22:55,040 --> 00:22:57,702 That's not the first time she's drunk at the house. 390 00:22:57,743 --> 00:23:00,007 No, she'd been caught twice before. 391 00:23:00,045 --> 00:23:03,537 She came to us by a special dispensation of the court... 392 00:23:03,582 --> 00:23:06,710 a third report of drinking and they'd pull her out. 393 00:23:06,752 --> 00:23:09,619 You'd protect her even at the risk of going to jail? 394 00:23:09,654 --> 00:23:11,815 If Maggie were thrown out, 395 00:23:11,857 --> 00:23:15,122 she'd be lost... sooner or later she'd end up back on the streets. 396 00:23:15,160 --> 00:23:17,594 Do you have any idea what her life expectancy would be? 397 00:23:17,629 --> 00:23:21,156 Do you know how many street kids die from AIDS or drugs? 398 00:23:21,199 --> 00:23:23,190 How many are beaten, raped? 399 00:23:23,235 --> 00:23:26,796 We can't take it on faith that Maggie was drunk... we need corroboration. 400 00:23:26,838 --> 00:23:29,272 My client is ready to take another polygraph. 401 00:23:29,307 --> 00:23:32,208 We need more than that. 402 00:23:33,412 --> 00:23:36,779 She's lying... I can't believe you're buying into it. 403 00:23:39,918 --> 00:23:43,285 We ran tests on the clothes you threw up on. 404 00:23:43,321 --> 00:23:45,619 We know how much you drank that night. 405 00:23:48,560 --> 00:23:50,460 Now, listen, to me... 406 00:23:51,797 --> 00:23:55,164 you lie in court, that's perjury. 407 00:23:56,835 --> 00:23:59,963 So I was drunk, big deal. 408 00:24:00,005 --> 00:24:01,973 She still messed with me. 409 00:24:02,007 --> 00:24:04,669 You had a lot to drink, Maggie. 410 00:24:04,709 --> 00:24:06,574 How much do you really remember? 411 00:24:08,680 --> 00:24:11,410 I know that she took me into the shower. 412 00:24:12,417 --> 00:24:14,078 I know that! 413 00:24:15,287 --> 00:24:17,312 What else are you sure of? 414 00:24:23,228 --> 00:24:25,025 I don't know. 415 00:24:25,063 --> 00:24:28,362 I was in the shower... 416 00:24:34,506 --> 00:24:36,940 I can't remember. 417 00:24:36,975 --> 00:24:39,170 What do you mean, you can't remember? 418 00:24:43,048 --> 00:24:46,176 I guess I passed out. 419 00:24:46,218 --> 00:24:49,813 What you told the police... did you make that up? 420 00:24:49,855 --> 00:24:51,652 It happened! 421 00:24:52,724 --> 00:24:54,954 Maria saw it... 422 00:24:54,993 --> 00:24:58,224 and she told me. She told me everything. 423 00:24:58,263 --> 00:25:00,731 She saw it. 424 00:25:05,303 --> 00:25:08,500 Maybe it was the morning after when she told me what Sister B did to her. 425 00:25:08,540 --> 00:25:10,474 She blacked out... she doesn't remember. 426 00:25:10,509 --> 00:25:14,138 And you told police that Maggie described in graphic detail 427 00:25:14,179 --> 00:25:15,510 what Sister Bettina did to her. 428 00:25:15,547 --> 00:25:17,606 I saw them in the shower, okay? 429 00:25:17,649 --> 00:25:19,446 I saw what was going on. 430 00:25:19,484 --> 00:25:21,679 But you lied... Maggie didn't tell you anything. 431 00:25:21,720 --> 00:25:25,486 And now it's only your word that anything happened at all, isn't that right? 432 00:25:28,660 --> 00:25:31,220 Maria, are you happy at Haven House? 433 00:25:31,263 --> 00:25:33,322 Do you want to go back out on the street? 434 00:25:34,466 --> 00:25:37,196 Then I don't understand why you'd make up a story like this. 435 00:25:37,235 --> 00:25:39,863 What do you mean? 436 00:25:39,905 --> 00:25:42,533 If they believe this story... 437 00:25:42,574 --> 00:25:46,169 if people think that girls are being molested at Haven House... 438 00:25:46,211 --> 00:25:49,044 what do you think that does to the reputation of the house? 439 00:25:49,080 --> 00:25:51,514 But it was only Sister B. 440 00:25:51,550 --> 00:25:53,780 In the public mind, they're the same. 441 00:25:53,818 --> 00:25:55,786 They'll withdraw their support. 442 00:25:55,820 --> 00:25:59,381 And without funds, Haven House closes... and where do you think you'll be? 443 00:25:59,424 --> 00:26:01,722 That's not true... you're just trying to scare me. 444 00:26:01,760 --> 00:26:04,888 Maria, did you see 445 00:26:04,930 --> 00:26:07,728 Sister Bettina molest Maggie? 446 00:26:14,272 --> 00:26:17,241 I don't want to hurt anybody else. 447 00:26:17,275 --> 00:26:19,402 I just wanted them to get rid of her. 448 00:26:19,444 --> 00:26:21,878 Why? What did she do to you? 449 00:26:21,913 --> 00:26:24,575 She knew. 450 00:26:24,616 --> 00:26:27,244 She asked me about it. He'd think I told. 451 00:26:27,285 --> 00:26:29,446 Told what? 452 00:26:31,856 --> 00:26:34,450 Mr. Powell... 453 00:26:34,492 --> 00:26:37,052 me and him. 454 00:26:44,436 --> 00:26:46,301 Powell initiated the relationship 455 00:26:46,338 --> 00:26:48,636 one month after Maria arrived at Haven House. 456 00:26:48,673 --> 00:26:51,665 He put her in a position where she would do his errands 457 00:26:51,710 --> 00:26:54,543 and get excused from the scrub work. 458 00:26:54,579 --> 00:26:56,240 She still could have said no. 459 00:26:56,281 --> 00:26:58,909 He said he'd put her out on the street if she didn't go along. 460 00:26:58,950 --> 00:27:01,680 Sister Bettina uncovered this? 461 00:27:01,720 --> 00:27:03,813 She had no idea. She asked her about the errands. 462 00:27:03,855 --> 00:27:06,221 She was concerned the other girls might get envious. 463 00:27:06,257 --> 00:27:08,225 It was a perfectly innocent question, 464 00:27:08,259 --> 00:27:10,227 but Maria thought the worst... 465 00:27:10,261 --> 00:27:12,627 that a secret was out, and she'd be the one to go. 466 00:27:12,664 --> 00:27:15,224 When she saw Bettina in the shower with the girl, 467 00:27:15,266 --> 00:27:17,496 she jumped at the chance to discredit her. 468 00:27:17,535 --> 00:27:20,993 - Any way to corroborate her story? - We talked to Powell's secretary. 469 00:27:21,039 --> 00:27:24,475 She confirmed that Maria spent a lot of time alone with Powell in his office. 470 00:27:24,509 --> 00:27:26,739 You file a motion to dismiss? 471 00:27:26,778 --> 00:27:29,679 Yeah, it's on the way over, but I think we ought to go after Powell. 472 00:27:29,714 --> 00:27:32,046 For what? Rape? 473 00:27:32,083 --> 00:27:36,042 She said that Powell didn't physically force her to have relations with him. 474 00:27:36,087 --> 00:27:38,453 And the girl was 17 at the time... 475 00:27:38,490 --> 00:27:41,425 you got no statutory charge. 476 00:27:41,459 --> 00:27:44,622 He is in a position of authority over teenage girls. 477 00:27:44,663 --> 00:27:46,130 He's abusing it. 478 00:27:46,164 --> 00:27:48,098 A civil case, maybe. 479 00:27:48,133 --> 00:27:49,862 Criminal Court? I don't see it. 480 00:27:49,901 --> 00:27:51,732 Suppose it's not the first incident? 481 00:27:51,770 --> 00:27:54,671 He's been on the job six years. You think it's the first time? 482 00:27:54,706 --> 00:27:58,164 I'd sure like to know the answer to that question before we make up our minds. 483 00:28:00,211 --> 00:28:02,042 Go. 484 00:28:03,982 --> 00:28:04,971 (bell rings in distance) 485 00:28:05,016 --> 00:28:06,779 This whole thing sucks. 486 00:28:06,818 --> 00:28:09,150 I can't believe she would do that to me. 487 00:28:09,187 --> 00:28:11,519 You didn't know she was involved with Powell? 488 00:28:11,556 --> 00:28:13,148 No. 489 00:28:13,191 --> 00:28:15,659 If he was hitting on her, she could have told me. 490 00:28:16,695 --> 00:28:18,526 He ever try anything with you? 491 00:28:20,231 --> 00:28:22,165 Maybe when I first got there. 492 00:28:22,200 --> 00:28:25,465 You know, he'd come into your room at the wrong time, 493 00:28:25,503 --> 00:28:28,939 call you into his office, ask you stupid questions. 494 00:28:30,108 --> 00:28:32,076 But I just stayed away from him. 495 00:28:32,110 --> 00:28:33,702 A lot of girls fall for it? 496 00:28:33,745 --> 00:28:37,010 Everyone thought he was pretty much of a joke... 497 00:28:39,384 --> 00:28:41,750 except this one girl. 498 00:28:43,088 --> 00:28:44,919 What about her? 499 00:28:44,956 --> 00:28:46,355 I don't know for sure... 500 00:28:47,392 --> 00:28:50,293 but I heard talk about her and Powell. 501 00:28:51,996 --> 00:28:55,056 We have the canceled checks he sent you, Mrs. Morrill. 502 00:28:55,100 --> 00:28:58,160 He's not giving you that money out of the goodness of his heart. 503 00:28:59,237 --> 00:29:02,673 Would... do I have to give the money back? 504 00:29:04,342 --> 00:29:06,242 As far as we can tell, 505 00:29:06,277 --> 00:29:08,575 it legitimately belonged to Jack Powell. 506 00:29:08,613 --> 00:29:10,945 If he gave it to you, it's yours to keep. 507 00:29:13,218 --> 00:29:15,812 When I was at the house, 508 00:29:15,854 --> 00:29:17,515 we had this thing going. 509 00:29:17,555 --> 00:29:21,286 - A sexual relationship? - Couple of times a week, that's all. 510 00:29:21,326 --> 00:29:23,556 - (baby coos) - How old were you? 511 00:29:23,595 --> 00:29:27,156 - 15 when it started. - What was in it for you? 512 00:29:28,299 --> 00:29:30,096 I didn't have to work in the kitchen. 513 00:29:30,135 --> 00:29:33,434 He'd have me do errands, let me go to the movies. 514 00:29:33,471 --> 00:29:36,031 Seems hardly worth it now. 515 00:29:36,074 --> 00:29:39,441 Did he ever threaten to hurt you if you didn't go along with it? 516 00:29:41,312 --> 00:29:44,042 He said if I told anyone, 517 00:29:44,082 --> 00:29:46,107 I'd have to leave the house. 518 00:29:47,852 --> 00:29:52,380 At the time, I didn't have anywhere to go. 519 00:29:53,491 --> 00:29:56,483 - How long has it been since you left? - Three years ago. 520 00:29:56,528 --> 00:29:59,053 And since then, Powell's been giving you $200 a month 521 00:29:59,097 --> 00:30:00,860 for what... just to keep your mouth shut? 522 00:30:11,476 --> 00:30:14,707 He would have preferred I lose it. 523 00:30:17,182 --> 00:30:20,310 Mrs. Morrill, would you be willing 524 00:30:20,351 --> 00:30:22,911 to repeat what you just told me to the grand jury? 525 00:30:24,155 --> 00:30:26,055 You mean, go to court? 526 00:30:27,458 --> 00:30:31,588 Look, nobody knows about this. 527 00:30:31,629 --> 00:30:33,563 Nobody. 528 00:30:33,598 --> 00:30:36,032 And I'm not gonna change that. 529 00:30:41,706 --> 00:30:43,901 (car horn blaring) 530 00:30:43,942 --> 00:30:45,705 She was 15. 531 00:30:45,743 --> 00:30:47,938 Statute of limitations hasn't run out yet. 532 00:30:47,979 --> 00:30:49,674 We could force her to testify, 533 00:30:49,714 --> 00:30:52,808 but her husband thinks the kid is his. 534 00:30:52,851 --> 00:30:55,046 That leaves only Maria Barragan. 535 00:30:55,086 --> 00:30:56,917 With a possible charge of rape one. 536 00:30:56,955 --> 00:30:59,924 Rape one? Ben, Powell never threatened Maria. 537 00:30:59,958 --> 00:31:01,687 And with no forcible compulsion... 538 00:31:01,726 --> 00:31:06,163 An adult male with the power to send a young girl back to the streets 539 00:31:06,197 --> 00:31:09,360 demands that she have sex with him... that's not forcible compulsion? 540 00:31:09,400 --> 00:31:12,164 There's no physical force, no threat of death or physical injury. 541 00:31:12,203 --> 00:31:13,864 I'm willing to take the chance to make the case. 542 00:31:13,905 --> 00:31:18,535 Get me a slot on the grand jury, we're going for an indictment for rape in the first degree. 543 00:31:19,544 --> 00:31:21,842 Man: You're way off base on this, Ben. 544 00:31:21,880 --> 00:31:24,405 Jack Powell has spent his entire life 545 00:31:24,449 --> 00:31:27,077 working selflessly for the public good. 546 00:31:27,118 --> 00:31:30,383 He's raised hundreds of thousands of dollars for charities. 547 00:31:30,421 --> 00:31:31,786 For crying out loud... 548 00:31:31,823 --> 00:31:35,259 Did he tell his contributors about the afternoons he spent with Maria Barragan? 549 00:31:35,293 --> 00:31:37,022 It's an indiscretion, not a crime. 550 00:31:37,061 --> 00:31:40,360 Maria's 17... she's an adult. She consented. 551 00:31:40,398 --> 00:31:44,698 We're not charging you with statutory rape. We're charging you with rape in the first degree. 552 00:31:48,206 --> 00:31:50,106 (whisper) Little bitch... 553 00:31:51,142 --> 00:31:53,872 I didn't force her. I didn't have to. 554 00:31:53,912 --> 00:31:56,574 She said you threatened to expel her from Haven House. 555 00:31:56,614 --> 00:31:59,742 Twice, for curfew and drugs. 556 00:31:59,784 --> 00:32:01,684 Then you admit you threatened to expel her? 557 00:32:01,719 --> 00:32:05,052 - Yes, with good reason. - Legitimate reason in whose mind? 558 00:32:05,089 --> 00:32:09,685 Look, Ben, didn't the episode with Sister Bettina tell you anything? 559 00:32:09,727 --> 00:32:12,924 Maria Barragan's a liar. She'll say anything to get what she wants. 560 00:32:12,964 --> 00:32:15,057 And what she wants is to stay alive, 561 00:32:15,099 --> 00:32:17,897 and in her mind that means staying at Haven House. 562 00:32:17,936 --> 00:32:20,302 A lie like this does not serve her best interests. 563 00:32:20,338 --> 00:32:22,932 Maybe we can work something out. 564 00:32:22,974 --> 00:32:25,272 Sexual abuse three, 565 00:32:25,310 --> 00:32:27,540 pleads no lo, one year community service. 566 00:32:27,578 --> 00:32:30,445 A "B" misdemeanor? This is more than a traffic violation. 567 00:32:31,683 --> 00:32:35,016 Without proof of forcible compulsion, you have no case. 568 00:32:37,956 --> 00:32:39,753 Motion to dismiss. 569 00:32:39,791 --> 00:32:42,282 See you tomorrow at 2:30, 570 00:32:42,327 --> 00:32:44,693 Judge Reisman's chambers. 571 00:32:50,201 --> 00:32:54,968 Maria Barragan was blowing kisses for nickel bags 572 00:32:55,006 --> 00:32:57,270 long before she ever heard of Jack Powell. 573 00:32:57,308 --> 00:33:00,744 - Which is hardly relevant... - It sure as hell affects her credibility. 574 00:33:00,778 --> 00:33:02,643 That's a matter for the jury, not for me. 575 00:33:02,680 --> 00:33:06,878 Even if you look at the facts in a light most favorable to the prosecution, 576 00:33:06,918 --> 00:33:08,783 the indictment has still failed 577 00:33:08,820 --> 00:33:11,254 to make a prima facie case for rape one. 578 00:33:11,289 --> 00:33:12,916 The statute is clear. 579 00:33:12,957 --> 00:33:15,755 It requires threat of death or physical injury. 580 00:33:15,793 --> 00:33:18,785 Your Honor, we intend to prove in court that it was reasonable, 581 00:33:18,830 --> 00:33:22,994 under those circumstances, for Maria Barragan to fear for her life. 582 00:33:23,034 --> 00:33:25,298 She wasn't seduced, she submitted... 583 00:33:25,336 --> 00:33:27,600 She consented for God's sake, Ben. 584 00:33:27,638 --> 00:33:30,300 All right, all right. My instinct tells me you're asking me 585 00:33:30,341 --> 00:33:33,640 to stretch the law to places it shouldn't go. 586 00:33:33,678 --> 00:33:36,806 However, I'm gonna reserve my decision 587 00:33:36,848 --> 00:33:41,683 on defendant's motion to dismiss until after trial. 588 00:33:41,719 --> 00:33:44,017 - Your Honor... - Charge stays for now. 589 00:33:44,055 --> 00:33:46,956 We go to trial right away. 590 00:33:48,893 --> 00:33:52,795 Reisman reserved decision? It's a minor miracle. 591 00:33:52,830 --> 00:33:55,264 So we're halfway there. We present a compelling case... 592 00:33:55,299 --> 00:33:58,359 Don't fool yourself, Reisman's no groundbreaker. 593 00:33:58,403 --> 00:34:00,166 Read his decisions... 594 00:34:00,204 --> 00:34:02,900 if there's no precedent, it doesn't fly in his court. 595 00:34:02,940 --> 00:34:04,931 So why didn't he dismiss? 596 00:34:04,976 --> 00:34:08,309 Who knows? It could be he's waiting for the jury to acquit. 597 00:34:08,346 --> 00:34:10,211 Then he doesn't have to make a decision. 598 00:34:10,248 --> 00:34:12,546 Could be he's ready to make new law. 599 00:34:12,583 --> 00:34:16,019 I wouldn't bet on it. You talk to McCarter? 600 00:34:16,054 --> 00:34:17,817 Yeah, he wants a slap on the wrist. 601 00:34:17,855 --> 00:34:19,652 Well, maybe you oughta start slapping. 602 00:34:19,690 --> 00:34:22,591 What do you suppose a trial like this is gonna cost the State? 603 00:34:22,627 --> 00:34:25,755 Even if you convince a jury, Reisman snaps his fingers, 604 00:34:25,797 --> 00:34:27,162 sets aside the verdict. 605 00:34:27,198 --> 00:34:31,100 Adam, since when does cost have anything to do with it? 606 00:34:31,135 --> 00:34:34,935 Since the State is on the verge of bankruptcy. 607 00:34:34,972 --> 00:34:36,439 Yeah. 608 00:34:36,474 --> 00:34:38,772 It's a no-win, my boy. 609 00:34:38,810 --> 00:34:42,576 Reisman goes your way, we got the appeal to worry about. 610 00:34:42,613 --> 00:34:45,275 A trial of any sort puts Haven House out of business. 611 00:34:45,316 --> 00:34:47,944 Adam, he raped a 17-year-old girl. 612 00:34:47,985 --> 00:34:51,853 Did he? The statute says physical harm. 613 00:34:51,889 --> 00:34:54,949 It doesn't say put her in a situation where she could get hurt. 614 00:34:54,992 --> 00:34:57,483 But it's all in the victim's state of mind. 615 00:34:57,528 --> 00:34:59,325 Maria's fears were real. 616 00:34:59,363 --> 00:35:01,729 If he had threatened to throw her out on the expressway... 617 00:35:01,766 --> 00:35:03,859 He didn't threaten anything. 618 00:35:03,901 --> 00:35:07,268 She's a kid, Adam. To her, Times Square is just as dangerous. 619 00:35:07,305 --> 00:35:10,968 - Law doesn't read that way. - Well, maybe it should. 620 00:35:15,179 --> 00:35:18,376 When I was 12, my mother ran away. 621 00:35:18,416 --> 00:35:21,385 - Stone: And your father? - I never knew him. 622 00:35:21,419 --> 00:35:24,013 A complete bio, Your Honor? It's hardly relevant. 623 00:35:24,055 --> 00:35:26,148 It's relevant to the victim's state of mind. 624 00:35:26,190 --> 00:35:28,886 It's the defendant's state of mind that's at issue. 625 00:35:28,926 --> 00:35:31,053 The defendant took advantage of the victim's fear. 626 00:35:31,095 --> 00:35:33,928 I think it's necessary to show the derivation of that fear. 627 00:35:33,965 --> 00:35:36,763 I'll allow it. 628 00:35:36,801 --> 00:35:39,167 Stone: After you were abandoned, where'd you live? 629 00:35:39,203 --> 00:35:40,932 In port authority. 630 00:35:40,972 --> 00:35:42,963 Until Sister Bettina found me. 631 00:35:43,007 --> 00:35:45,805 Did you prefer Haven House to the streets? 632 00:35:45,843 --> 00:35:47,743 They didn't beat me or anything. 633 00:35:47,778 --> 00:35:49,973 The sisters, they cared about me. 634 00:35:50,014 --> 00:35:52,005 And Mr. Powell? 635 00:35:53,818 --> 00:35:55,513 He liked me fine. 636 00:35:55,553 --> 00:35:57,248 Your Honor, we've established already 637 00:35:57,288 --> 00:36:01,281 that the defendant and this witness had sexual relations. 638 00:36:01,325 --> 00:36:03,816 We don't need a play-by-play, Mr. Stone. 639 00:36:03,861 --> 00:36:08,423 Maria, please describe for the Court 640 00:36:08,466 --> 00:36:10,491 the circumstances... 641 00:36:10,535 --> 00:36:14,369 leading up to your first sexual encounter with Mr. Powell. 642 00:36:15,907 --> 00:36:18,137 I was in his office. 643 00:36:18,176 --> 00:36:20,770 He started touching me. 644 00:36:20,811 --> 00:36:23,143 He said he could make me feel good, 645 00:36:23,181 --> 00:36:24,978 and he could make my life easy. 646 00:36:25,016 --> 00:36:27,883 I told him I wasn't interested. 647 00:36:27,919 --> 00:36:29,648 But you did sleep with him? 648 00:36:29,687 --> 00:36:33,783 He said he would have me thrown out of the house if I didn't. 649 00:36:33,824 --> 00:36:36,554 - And you believed him? - He showed me a form. 650 00:36:43,234 --> 00:36:45,794 Please describe the paper I just handed you. 651 00:36:45,836 --> 00:36:48,805 It's the form they use when they throw you out of Haven House. 652 00:36:48,839 --> 00:36:50,864 Was that the form Mr. Powell handed you? 653 00:36:52,043 --> 00:36:54,034 No, the one he showed me had my name on it. 654 00:36:54,078 --> 00:36:56,842 So you willingly slept with him? 655 00:36:58,182 --> 00:37:00,548 - I was scared. - Of the streets? 656 00:37:00,585 --> 00:37:02,883 I've been there. 657 00:37:02,920 --> 00:37:05,650 It's better than going back... anything is. 658 00:37:05,690 --> 00:37:08,716 That's why I lied about Sister Bettina. 659 00:37:08,759 --> 00:37:11,159 I thought if anyone found out... 660 00:37:13,130 --> 00:37:15,530 Thank you. 661 00:37:15,566 --> 00:37:17,363 Your witness. 662 00:37:25,076 --> 00:37:27,408 Have you ever been arrested, Miss Barragan? 663 00:37:27,445 --> 00:37:29,276 Objection! 664 00:37:29,313 --> 00:37:33,044 If we're giving bios, let's give the unabridged version. 665 00:37:33,084 --> 00:37:34,574 Overruled. 666 00:37:36,053 --> 00:37:37,680 Miss Barragan? 667 00:37:37,722 --> 00:37:39,690 Three times. 668 00:37:39,724 --> 00:37:41,351 What were the charges? 669 00:37:41,392 --> 00:37:43,383 Prostitution. 670 00:37:44,495 --> 00:37:47,259 - So you were a whore? - Your Honor! 671 00:37:47,298 --> 00:37:49,664 All right, enough of that, Mr. McCarter. 672 00:37:53,170 --> 00:37:56,105 The Haven House isn't all fun and games. 673 00:37:56,140 --> 00:37:58,904 You have to earn your keep. 674 00:37:58,943 --> 00:38:02,208 There's cooking, and washing clothes, 675 00:38:02,246 --> 00:38:04,407 cleaning... isn't that right? 676 00:38:04,448 --> 00:38:06,109 It's part of the rehab. 677 00:38:06,150 --> 00:38:07,879 Isn't it true, Miss Barragan, 678 00:38:07,918 --> 00:38:11,081 that when you first started working for Mr. Powell, 679 00:38:11,122 --> 00:38:12,953 most of your chores were eliminated? 680 00:38:12,990 --> 00:38:14,252 Yes. 681 00:38:14,292 --> 00:38:17,318 What kind of work did you do for Mr. Powell? 682 00:38:17,361 --> 00:38:21,161 I filed papers, answered phones. 683 00:38:22,500 --> 00:38:24,730 Hell of a lot easier than scrubbing toilets. 684 00:38:24,769 --> 00:38:27,169 Your Honor... Withdrawn. 685 00:38:27,204 --> 00:38:31,504 Now, when you were out on the street, Miss Barragan... 686 00:38:32,877 --> 00:38:35,573 you sold your body for money, isn't that true? 687 00:38:35,613 --> 00:38:37,444 I had to eat. 688 00:38:37,481 --> 00:38:39,449 Oh, I understand. 689 00:38:39,483 --> 00:38:42,111 You were trying to make your life easier. 690 00:38:42,153 --> 00:38:44,587 - That's what a whore does. - Your Honor... 691 00:38:44,622 --> 00:38:46,920 And weren't you trying to do that with Mr. Powell? 692 00:38:46,957 --> 00:38:49,448 - Trying to make your life easier? - Objection! 693 00:38:49,493 --> 00:38:51,552 - Miss Barragan? - Judge: Sustained. 694 00:38:51,595 --> 00:38:53,586 That's enough, Mr. McCarter. 695 00:38:54,999 --> 00:38:57,092 Powell: I've worked for non-profits all my life. 696 00:38:57,134 --> 00:39:00,194 I don't know, maybe there are some people who think I'm too caring. 697 00:39:00,237 --> 00:39:03,365 If I minded my own business, I wouldn't leave myself open to... 698 00:39:03,407 --> 00:39:05,773 all kinds of problems. 699 00:39:05,810 --> 00:39:08,643 When did you first come in contact with Miss Barragan? 700 00:39:08,679 --> 00:39:10,670 Powell: She was a new girl. 701 00:39:10,715 --> 00:39:13,513 There's a routine first interview. 702 00:39:13,551 --> 00:39:17,453 I liked her attitude... she was very bright, eager. 703 00:39:17,488 --> 00:39:19,285 I needed someone to run errands. 704 00:39:19,323 --> 00:39:21,689 It began as a non-sexual relationship? 705 00:39:21,726 --> 00:39:23,557 Powell: Yes. 706 00:39:23,594 --> 00:39:26,859 But then she began to put out signals, 707 00:39:26,897 --> 00:39:28,694 as if she were interested in me. 708 00:39:28,733 --> 00:39:31,793 What kind of signals? 709 00:39:31,836 --> 00:39:35,499 I don't know, like... the way she'd look at me. 710 00:39:35,539 --> 00:39:38,804 McCarter: To what did you attribute her interest? 711 00:39:38,843 --> 00:39:41,209 Powell: I'm not really sure. 712 00:39:42,580 --> 00:39:44,571 It's certainly not because I have... 713 00:39:44,615 --> 00:39:47,140 some magnetic effect on women. 714 00:39:47,184 --> 00:39:50,085 Maybe it was because I was nice to her, 715 00:39:50,121 --> 00:39:54,353 or maybe she thought she could get something out of me. 716 00:39:56,260 --> 00:39:58,626 What did you do about these advances? 717 00:39:58,662 --> 00:40:02,758 I put her off, but she was very persistent. 718 00:40:04,602 --> 00:40:06,968 I'm not proud I slept with her. 719 00:40:07,004 --> 00:40:09,370 Maybe this was bound to happen. 720 00:40:09,407 --> 00:40:12,740 I spend a lot of time with these girls, and... 721 00:40:12,777 --> 00:40:16,338 in a way, they're trained to deal with men sexually, 722 00:40:16,380 --> 00:40:18,905 to use sex to get what they want. 723 00:40:18,949 --> 00:40:22,077 It was stupid of me to give in to that. 724 00:40:22,119 --> 00:40:24,314 Did you ever threaten Maria... 725 00:40:25,656 --> 00:40:27,920 overtly or implicitly? 726 00:40:27,958 --> 00:40:31,189 No, never. She'd been victimized enough. 727 00:40:31,228 --> 00:40:32,957 Did you intimidate her? 728 00:40:32,997 --> 00:40:35,932 That's what I don't understand. 729 00:40:35,966 --> 00:40:38,935 I'm probably the only guy she was ever with 730 00:40:38,969 --> 00:40:41,369 who actually cared for her. 731 00:40:41,405 --> 00:40:45,307 I felt l... I was very kind with her. 732 00:40:45,342 --> 00:40:48,800 I can't understand why Maria would say she was afraid of me. 733 00:40:48,846 --> 00:40:50,438 No further questions. 734 00:40:51,749 --> 00:40:54,809 Mr. Powell, do you recognize the name Marjorie White? 735 00:40:54,852 --> 00:40:56,752 She was with us for a while. 736 00:40:56,787 --> 00:40:59,255 We caught her dealing to the other girls. 737 00:40:59,290 --> 00:41:01,451 Ah, did you throw her out of the house? 738 00:41:01,492 --> 00:41:03,892 She was dealing drugs. 739 00:41:03,928 --> 00:41:06,328 All right, Alberta Gaines? 740 00:41:07,631 --> 00:41:09,599 She was expelled for violence. 741 00:41:09,633 --> 00:41:12,568 And Rosa Valdez, was she expelled? 742 00:41:12,603 --> 00:41:14,503 Yes. 743 00:41:16,040 --> 00:41:18,770 Do you know what happens to these girls that are expelled? 744 00:41:18,809 --> 00:41:21,676 Sister Bettina tries to keep track of them. 745 00:41:21,712 --> 00:41:23,976 Do you know what happened to Rosa Valdez? 746 00:41:25,049 --> 00:41:26,744 I believe she died of AIDS. 747 00:41:26,784 --> 00:41:29,981 Alberta Gaines? An overdose. 748 00:41:30,020 --> 00:41:33,820 Yeah. Marjorie White, she die, too? Yes. 749 00:41:33,858 --> 00:41:37,089 Raped and stabbed 12 times by six members of a gang. 750 00:41:37,127 --> 00:41:40,756 And of all 18 girls expelled in the past six years, 751 00:41:40,798 --> 00:41:43,096 three have died of AIDS, five, drug overdose, 752 00:41:43,133 --> 00:41:45,124 one of exposure, two murdered, 753 00:41:45,169 --> 00:41:47,000 and the rest disappeared. Isn't that true? 754 00:41:47,037 --> 00:41:49,335 Yes. 755 00:41:50,641 --> 00:41:54,202 So isn't it reasonable, under these circumstances, 756 00:41:54,245 --> 00:41:58,477 for Maria Barragan to fear for her life when you threw her out on the street? 757 00:41:58,516 --> 00:42:00,677 - Objection! - Sustained. 758 00:42:00,718 --> 00:42:03,448 Did she ever say she was afraid of leaving Haven House? 759 00:42:03,487 --> 00:42:07,150 I never... listen, when these girls have been out on the street long enough, 760 00:42:07,191 --> 00:42:09,887 they become hardened, tough... they're not afraid of anything. 761 00:42:09,927 --> 00:42:13,988 - So if you're beaten up enough, you lose your fear? - You learn how to survive. 762 00:42:14,031 --> 00:42:15,896 Until someone kills you. 763 00:42:27,011 --> 00:42:29,241 Stone: The law says that if Jack Powell 764 00:42:29,280 --> 00:42:33,842 never placed Maria Barragan in fear of death... 765 00:42:33,884 --> 00:42:37,251 or physical injury, he cannot be convicted 766 00:42:37,288 --> 00:42:40,883 of rape in the first degree. 767 00:42:40,925 --> 00:42:43,416 He didn't wrestle her to the ground. 768 00:42:43,460 --> 00:42:46,088 He didn't put a gun to her head. 769 00:42:46,130 --> 00:42:49,657 He simply said, "Have sex with me 770 00:42:49,700 --> 00:42:52,430 or I'm throwing you back out on the street." 771 00:42:52,469 --> 00:42:54,596 Case dismissed? 772 00:42:58,909 --> 00:43:00,467 Maybe. 773 00:43:00,511 --> 00:43:04,948 But what did that threat mean to Maria? 774 00:43:06,650 --> 00:43:08,641 Another broken arm? 775 00:43:08,686 --> 00:43:10,847 AIDS... 776 00:43:10,888 --> 00:43:13,049 instead of hepatitis? 777 00:43:13,090 --> 00:43:16,287 A bullet instead of a razor blade? 778 00:43:16,327 --> 00:43:19,455 More rapes, more beatings. 779 00:43:19,496 --> 00:43:22,431 And more than anyone, Jack Powell knew 780 00:43:22,466 --> 00:43:26,266 that his threat contained the weight of all those things. 781 00:43:26,303 --> 00:43:29,670 So when he threatened to remove her from the one safe harbor 782 00:43:29,707 --> 00:43:32,574 in her sad young life, he put her in fear 783 00:43:32,610 --> 00:43:35,101 for her life and her physical well-being. 784 00:43:35,145 --> 00:43:38,603 And he didn't put a gun to her head. 785 00:43:40,384 --> 00:43:43,080 No, he showed her another way he could hurt her. 786 00:43:51,362 --> 00:43:53,990 Were you expecting a guilty verdict this quickly? 787 00:43:54,031 --> 00:43:57,000 I can't anticipate the mind of a jury, but I'm very grateful. 788 00:43:57,034 --> 00:44:00,197 Man: What about the mind of Judge Reisman? Do you think he'll dismiss it? 789 00:44:00,237 --> 00:44:02,205 I think we met the burden of proof. 790 00:44:02,239 --> 00:44:05,140 Man: If he does dismiss, do you have a plan how to proceed? 791 00:44:05,175 --> 00:44:07,769 - Yes, we do. - Man: Mr. Stone? 792 00:44:07,811 --> 00:44:10,644 Okay, you convinced a jury. 793 00:44:10,681 --> 00:44:12,410 It doesn't mean a thing 794 00:44:12,449 --> 00:44:15,646 until Reisman rules on the motion to dismiss. 795 00:44:15,686 --> 00:44:18,382 With his history, I wouldn't hold my breath. 796 00:44:18,422 --> 00:44:21,585 Our knowledge of rape and power has grown... the law should reflect that. 797 00:44:21,625 --> 00:44:24,719 Right now you got leverage... use it or lose it. 798 00:44:24,762 --> 00:44:27,322 Now, I say call McCarter, work out sentence. 799 00:44:27,364 --> 00:44:30,333 You think my case was that weak? 800 00:44:30,367 --> 00:44:32,528 No, I just think that the judiciary 801 00:44:32,569 --> 00:44:34,264 isn't as open-minded as you. 802 00:44:34,304 --> 00:44:36,499 (phone buzzes) 803 00:44:38,409 --> 00:44:40,070 Robinette. 804 00:44:42,012 --> 00:44:43,741 Hold on. 805 00:44:43,781 --> 00:44:45,271 McCarter's looking for you. 806 00:44:45,315 --> 00:44:47,010 He wants to talk about sentencing. 807 00:44:47,051 --> 00:44:49,542 You can still lose it. 808 00:44:49,586 --> 00:44:52,248 No deal. 809 00:44:54,324 --> 00:44:56,155 (exhales) 810 00:44:58,996 --> 00:45:00,725 Bailiff: Be seated. 811 00:45:03,834 --> 00:45:06,530 After listening to the evidence and reading counsel's briefs, 812 00:45:06,570 --> 00:45:09,368 I find that the prosecution has met its burden 813 00:45:09,406 --> 00:45:11,306 with respect to the charge 814 00:45:11,341 --> 00:45:13,639 of rape in the first degree. 815 00:45:13,677 --> 00:45:17,807 Defense motion to dismiss, denied. 816 00:45:17,848 --> 00:45:21,045 Jury verdict of guilty stays. 817 00:45:22,152 --> 00:45:24,120 (gavel bangs) 818 00:45:26,323 --> 00:45:28,484 Get out your soundbite, Ben. 819 00:45:28,525 --> 00:45:30,356 Yeah, nothing sells like sex. 820 00:45:30,394 --> 00:45:33,329 Don't sell yourself short... everybody loves a winner. 821 00:45:33,363 --> 00:45:35,126 Yeah. 822 00:45:35,165 --> 00:45:37,497 You know it'll probably be reversed on appeal. 823 00:45:37,534 --> 00:45:41,630 Probably. But maybe the legislature takes a look, rewrites the law. 824 00:45:55,886 --> 00:46:00,585 (theme music plays) 825 00:46:00,635 --> 00:46:05,185 Repair and Synchronization by Easy Subtitles Synchronizer 1.0.0.0