1 00:00:00,167 --> 00:00:02,318 In the criminal justice system 2 00:00:02,319 --> 00:00:04,470 the people are represented by two separate 3 00:00:04,472 --> 00:00:06,338 yet equally important groups: 4 00:00:06,340 --> 00:00:08,207 The police, who investigate crime 5 00:00:08,209 --> 00:00:10,776 and the district attorneys, who prosecute the offenders. 6 00:00:10,778 --> 00:00:13,412 These are their stories. 7 00:00:14,482 --> 00:00:16,582 ( whooping ) 8 00:00:23,524 --> 00:00:25,257 ( screaming ) 9 00:00:27,395 --> 00:00:30,162 ( man laughs ) 10 00:00:32,800 --> 00:00:34,333 ( screams ) 11 00:00:35,269 --> 00:00:37,069 Sorry. 12 00:00:39,440 --> 00:00:42,441 Hey, watch it, girl. 13 00:00:44,512 --> 00:00:47,346 Oh! Get away from me! 14 00:00:49,417 --> 00:00:51,383 OFFICER: I'll bet you never cut class, either. 15 00:00:51,385 --> 00:00:53,218 ( chuckles ) 16 00:00:53,220 --> 00:00:56,388 Me? I was a fine upstanding picture of American manhood. 17 00:00:56,390 --> 00:00:57,623 Yeah, sure. 18 00:00:57,625 --> 00:01:00,526 Oh, look at this. 19 00:01:00,528 --> 00:01:03,262 Get off me! ( siren wails ) 20 00:01:03,264 --> 00:01:04,263 Get off me! 21 00:01:04,265 --> 00:01:05,831 MAN: Shut up! 22 00:01:05,833 --> 00:01:07,266 Okay, you two, take it easy! 23 00:01:07,268 --> 00:01:08,300 Take it easy. 24 00:01:08,302 --> 00:01:10,102 I was just trying to help her. 25 00:01:10,104 --> 00:01:11,336 She's going to get run over, man. 26 00:01:11,338 --> 00:01:13,405 They grabbed me. 27 00:01:13,407 --> 00:01:15,240 They pushed me down... 28 00:01:16,277 --> 00:01:18,277 Give me a little help here. 29 00:01:18,279 --> 00:01:20,112 Come on. Come on, darling. 30 00:01:20,114 --> 00:01:21,380 Come on, darling, get up. Come on. 31 00:01:21,382 --> 00:01:24,383 Um, sophomore, University of Manhattan. 32 00:01:24,385 --> 00:01:26,351 Says she was raped by several men-- 33 00:01:26,353 --> 00:01:28,120 Halloween party. 34 00:01:28,122 --> 00:01:30,189 No vaginal or perineal abrasions. 35 00:01:30,191 --> 00:01:31,290 Got any signs of intercourse? 36 00:01:31,292 --> 00:01:32,591 There was semen present. 37 00:01:32,593 --> 00:01:34,093 You send out the kit? 38 00:01:34,095 --> 00:01:36,161 Yeah, also ran a blood test; she was drunk. 39 00:01:36,163 --> 00:01:37,362 How drunk? Very. 40 00:01:37,364 --> 00:01:39,565 If she'd been driving, she'd be under arrest. 41 00:01:39,567 --> 00:01:40,599 Blood alcohol's .13. 42 00:01:40,601 --> 00:01:42,167 All right, can we talk to her? 43 00:01:42,169 --> 00:01:43,736 She's out cold, 44 00:01:43,737 --> 00:01:45,304 and I don't know how much she's going to remember. 45 00:01:45,306 --> 00:01:47,372 Doc, can we stop the waltz? What are you saying? 46 00:01:47,374 --> 00:01:49,374 Obvious emotional trauma. 47 00:01:49,376 --> 00:01:50,476 Rape? 48 00:01:50,478 --> 00:01:52,711 We offered her a counselor. 49 00:01:52,713 --> 00:01:54,379 She said no. 50 00:02:01,388 --> 00:02:05,457 Captioning sponsored by NBC/UNIVERSAL 51 00:02:33,254 --> 00:02:36,688 ¶ ¶ 52 00:03:04,718 --> 00:03:08,420 ¶ ¶ 53 00:03:21,702 --> 00:03:24,670 WOMAN ( over PA system ): All on-duty interns please report to nurse's station five. 54 00:03:24,672 --> 00:03:26,205 All interns please report... 55 00:03:26,207 --> 00:03:29,208 WOMAN: I was invited to the party. 56 00:03:29,210 --> 00:03:30,876 By the men who assaulted you? 57 00:03:30,878 --> 00:03:33,212 My fiancé, Gary Burnham. 58 00:03:33,214 --> 00:03:34,913 He was a pledge at Theta Pi. 59 00:03:34,915 --> 00:03:36,648 Your fiancé assaulted you? 60 00:03:36,650 --> 00:03:39,551 No. 61 00:03:39,553 --> 00:03:41,753 Look, can you identify the boys who did this? 62 00:03:41,755 --> 00:03:43,956 Somebody helped me upstairs. 63 00:03:43,958 --> 00:03:45,958 It was some kind of... 64 00:03:45,960 --> 00:03:49,695 he was wearing some kind of animal. 65 00:03:49,697 --> 00:03:50,729 What kind of animal? 66 00:03:50,731 --> 00:03:52,965 What color? 67 00:03:55,903 --> 00:03:57,536 It was light. 68 00:03:57,538 --> 00:04:03,242 I think, maybe, um... gray or brown. 69 00:04:03,244 --> 00:04:06,812 Can't you give us a little better idea of what went on? 70 00:04:08,782 --> 00:04:10,849 They offered me a drink. 71 00:04:10,851 --> 00:04:12,751 Who? 72 00:04:12,753 --> 00:04:15,721 Um... I'm not sure. 73 00:04:15,723 --> 00:04:18,991 It's all fuzzy, but... 74 00:04:18,993 --> 00:04:23,762 I think Ted Campion and Joel Holder-- 75 00:04:23,764 --> 00:04:25,831 two of Gary's friends-- were there. 76 00:04:25,833 --> 00:04:29,735 I'm pretty sure Ted had the bottle-- Scotch. 77 00:04:29,737 --> 00:04:31,803 I was drinking from it. 78 00:04:31,805 --> 00:04:34,039 And... 79 00:04:35,943 --> 00:04:39,711 ...I think there was something over my face. 80 00:04:39,713 --> 00:04:43,949 Um... and they were on top of me, 81 00:04:43,951 --> 00:04:46,618 and I tried to scream. 82 00:04:48,756 --> 00:04:52,958 Um... I must have passed out. 83 00:04:52,960 --> 00:04:56,428 The next thing, 84 00:04:56,430 --> 00:04:59,998 I was alone in the room... 85 00:05:00,000 --> 00:05:02,834 looking for my clothes. 86 00:05:02,836 --> 00:05:05,637 So Ted and Joel assaulted you? 87 00:05:07,608 --> 00:05:10,309 I think so. 88 00:05:10,311 --> 00:05:12,711 You know, you had been drinking a little bit. 89 00:05:12,713 --> 00:05:16,815 Rape's a serious accusation based on "I think so." 90 00:05:16,817 --> 00:05:18,784 ( sighs ) 91 00:05:18,786 --> 00:05:23,655 I was drunk, and I was scared, but I know what happened. 92 00:05:23,657 --> 00:05:27,025 I was raped. 93 00:05:27,027 --> 00:05:28,760 She said what? 94 00:05:28,762 --> 00:05:30,095 This is crazy. 95 00:05:30,097 --> 00:05:31,763 Joel, did you even see her? 96 00:05:31,765 --> 00:05:34,366 I didn't even know she was here. 97 00:05:34,368 --> 00:05:36,001 Is this serious? 98 00:05:36,003 --> 00:05:39,004 Maybe we should talk to a lawyer. 99 00:05:39,006 --> 00:05:41,773 We never even went upstairs. 100 00:05:41,775 --> 00:05:44,643 ( chuckling ): Look, guys, this didn't happen. 101 00:05:44,645 --> 00:05:46,778 A girl comes to your party, 102 00:05:46,780 --> 00:05:49,881 and just for the hell of it, she charges rape? 103 00:05:49,883 --> 00:05:52,017 Everybody knows about Andrea. 104 00:05:52,019 --> 00:05:53,418 Well, we don't know. 105 00:05:53,420 --> 00:05:54,753 Why don't you fill us in? 106 00:05:54,755 --> 00:05:57,422 A pledge of ours, Gary Burnham 107 00:05:57,424 --> 00:06:00,492 he was getting serious about her. 108 00:06:00,494 --> 00:06:01,760 ( chuckling ): Freshmen. 109 00:06:01,762 --> 00:06:03,795 He didn't know about her reputation. 110 00:06:03,797 --> 00:06:05,497 About which you so generously informed him. 111 00:06:05,499 --> 00:06:07,766 She's an easy score, okay? 112 00:06:07,768 --> 00:06:09,368 Gary's a little naive. 113 00:06:09,370 --> 00:06:10,469 Gary dropped her. 114 00:06:10,471 --> 00:06:12,838 She stormed in here last week, 115 00:06:12,840 --> 00:06:13,939 claimed we ruined her life. 116 00:06:13,941 --> 00:06:17,442 And then she said we'd regret it. 117 00:06:21,382 --> 00:06:23,448 You don't mind if we call in a few technicians 118 00:06:23,450 --> 00:06:24,816 to look around, do you? 119 00:06:24,818 --> 00:06:27,786 No problem. 120 00:06:27,788 --> 00:06:29,688 The wolf pack is having a feast here. 121 00:06:29,690 --> 00:06:31,123 Where are they getting this stuff? 122 00:06:31,125 --> 00:06:32,791 Somebody at the hospital. 123 00:06:32,793 --> 00:06:35,460 Did CSU find anything in the boys' room? 124 00:06:35,462 --> 00:06:37,028 No. No hair, no fiber, no nothing. 125 00:06:37,030 --> 00:06:39,064 I got to tell you, if these boys are lying, 126 00:06:39,066 --> 00:06:40,399 they're pretty cool about it. 127 00:06:40,401 --> 00:06:41,767 Granted. 128 00:06:41,769 --> 00:06:43,802 Except their story makes no sense. 129 00:06:43,804 --> 00:06:44,920 If she wants revenge, 130 00:06:44,921 --> 00:06:46,037 why didn't she give us a sure ID? 131 00:06:46,039 --> 00:06:47,439 Why make it harder on herself? 132 00:06:47,441 --> 00:06:48,807 Maybe she didn't want it to sound so pat. 133 00:06:48,809 --> 00:06:50,041 It gives her an out if things go wrong. 134 00:06:50,043 --> 00:06:51,710 Come on. 135 00:06:51,712 --> 00:06:53,812 You want revenge, you don't turn your life into a circus. 136 00:06:53,814 --> 00:06:55,714 What am I hearing here? 137 00:06:55,716 --> 00:06:56,815 This girl's not on trial. 138 00:06:56,817 --> 00:06:58,450 I know that, but we got no witnesses. 139 00:06:58,452 --> 00:07:00,185 So far, nobody even saw her there. 140 00:07:00,187 --> 00:07:01,720 These fraternity brothers are going to say 141 00:07:01,722 --> 00:07:02,854 that Joel and Ted never left the party 142 00:07:02,856 --> 00:07:04,423 and that Andrea made a public threat. 143 00:07:04,425 --> 00:07:05,891 ( sighs ) 144 00:07:05,893 --> 00:07:08,427 Gee, somebody's lying. 145 00:07:08,429 --> 00:07:10,162 Well, that makes you 146 00:07:10,164 --> 00:07:11,830 detective of the month, Mike. 147 00:07:11,832 --> 00:07:14,650 Any bets on who? 148 00:07:14,651 --> 00:07:17,469 I mean, did they log who she called from the hospital? 149 00:07:19,072 --> 00:07:22,073 An advisor, English professor. 150 00:07:22,075 --> 00:07:24,109 She was afraid to call her mother. 151 00:07:24,111 --> 00:07:26,845 Students. Sometimes they make us their mothers. 152 00:07:26,847 --> 00:07:28,547 How do you like your new daughter? 153 00:07:28,549 --> 00:07:30,265 What's not to like? 154 00:07:30,266 --> 00:07:31,982 Wants to take every course in the department. 155 00:07:31,985 --> 00:07:35,754 How about her social life? 156 00:07:35,756 --> 00:07:37,339 It was active. 157 00:07:37,340 --> 00:07:38,923 You mean she had a lot of boyfriends? 158 00:07:38,926 --> 00:07:41,460 Look, her parents divorced when she was six. 159 00:07:41,462 --> 00:07:44,496 Is she looking for a male figure in her life? Sure. 160 00:07:44,498 --> 00:07:46,932 How about if she got one and lost him? 161 00:07:46,934 --> 00:07:49,067 You think she'd be capable of wanting to get back at him? 162 00:07:49,069 --> 00:07:50,969 Am I getting a message here? 163 00:07:50,971 --> 00:07:53,038 You have some doubt Andrea was raped? 164 00:07:53,040 --> 00:07:54,473 You think she made it up? 165 00:07:54,475 --> 00:07:55,907 Did I say that? 166 00:07:55,909 --> 00:07:59,945 There is nothing so powerful as the unspoken. 167 00:08:02,216 --> 00:08:05,016 Did she get along as well with women as she did with men? 168 00:08:05,018 --> 00:08:07,819 I advise a student, Betsy Rawls. 169 00:08:07,821 --> 00:08:09,921 Works in the college bookstore with Andrea. 170 00:08:09,923 --> 00:08:15,126 That is, if you want to talk to people who like her. 171 00:08:15,128 --> 00:08:16,595 Poor Andrea. 172 00:08:16,597 --> 00:08:19,598 She sends out a come-on without even knowing it. 173 00:08:19,600 --> 00:08:22,601 Are you saying that she asked for this to happen? 174 00:08:22,603 --> 00:08:25,871 Did they give you guys insensitivity seminars? 175 00:08:27,641 --> 00:08:29,908 No woman asks to be raped. 176 00:08:29,910 --> 00:08:32,277 I'm just saying that she gives it off. 177 00:08:32,279 --> 00:08:36,081 You know, heat? Pheromones? 178 00:08:36,083 --> 00:08:38,083 Men hit on her. 179 00:08:38,085 --> 00:08:40,285 It's not her fault. 180 00:08:40,287 --> 00:08:42,220 What about the boyfriend? Gary? 181 00:08:42,222 --> 00:08:46,625 He's sweet, but Andrea has a good imagination. 182 00:08:46,627 --> 00:08:48,860 Marriage, fiancé? 183 00:08:48,862 --> 00:08:50,061 He's 18. 184 00:08:50,063 --> 00:08:51,830 I got married, I was 20. 185 00:08:51,832 --> 00:08:54,666 It's a different generation, Sergeant. 186 00:08:54,668 --> 00:08:57,068 Mm-hmm. 187 00:08:57,070 --> 00:08:59,070 Do you want my opinion? 188 00:08:59,072 --> 00:09:02,173 Andrea doesn't know who the hell she is. 189 00:09:08,248 --> 00:09:10,582 She said I was her fiancé? 190 00:09:10,584 --> 00:09:12,951 We just dated, that's all. 191 00:09:12,953 --> 00:09:14,219 Did you have a date with her last night? 192 00:09:14,221 --> 00:09:16,221 What's this about? 193 00:09:16,222 --> 00:09:18,222 Andrea says she was raped at your fraternity house last night 194 00:09:18,225 --> 00:09:19,925 during the Halloween party. 195 00:09:20,894 --> 00:09:23,028 Oh, my God. 196 00:09:23,030 --> 00:09:24,963 Did you see her there? 197 00:09:24,965 --> 00:09:27,132 Why would she be there? 198 00:09:27,134 --> 00:09:28,934 We-We broke up. 199 00:09:28,936 --> 00:09:31,069 Why did you break up with her, Gary? 200 00:09:33,006 --> 00:09:37,709 I met her... she's, uh, very sophisticated. 201 00:09:37,711 --> 00:09:40,946 Dating a sophomore, it made me feel good. 202 00:09:43,584 --> 00:09:46,217 I found out some things about her. 203 00:09:46,219 --> 00:09:48,954 When you broke it off, was she very upset? 204 00:09:48,956 --> 00:09:51,623 She called me all the time, showed up at my classes. 205 00:09:51,625 --> 00:09:53,892 The whole thing got out of control. 206 00:09:53,894 --> 00:09:56,928 It's funny, she doesn't seem that intimidating to me. 207 00:09:56,930 --> 00:09:59,130 I never knew what she'd do next. 208 00:09:59,132 --> 00:10:01,199 Want to see what I mean? 209 00:10:04,137 --> 00:10:06,037 This is the last letter she sent me. 210 00:10:06,039 --> 00:10:08,006 Mm-hmm. 211 00:10:09,676 --> 00:10:13,712 "If you hurt me, I promise I'll hurt you worse. 212 00:10:13,714 --> 00:10:15,947 I'll ruin your life." 213 00:10:20,253 --> 00:10:22,020 Boyfriend says she's wacko. 214 00:10:22,022 --> 00:10:23,622 She says they're going to get married. 215 00:10:23,624 --> 00:10:24,756 They're kids; that's how they talk. 216 00:10:24,758 --> 00:10:25,991 She comes on to guys. 217 00:10:25,993 --> 00:10:27,626 She doesn't mean to. 218 00:10:27,628 --> 00:10:29,761 And she can't quite point the finger at who raped her. 219 00:10:29,763 --> 00:10:31,446 What the hell do you want? 220 00:10:31,447 --> 00:10:33,130 Signed confessions from the boys and a dozen witnesses? 221 00:10:33,133 --> 00:10:36,167 What I want is a victim who can testify 222 00:10:36,169 --> 00:10:37,769 to the DA without killing the case. 223 00:10:37,771 --> 00:10:40,305 Right now, they'd be lucky to get an indictment. 224 00:10:40,307 --> 00:10:43,708 Let's talk to the roommate. 225 00:10:43,710 --> 00:10:45,310 After Barbara and I moved in last year, 226 00:10:45,312 --> 00:10:47,145 they raised the rent. 227 00:10:47,147 --> 00:10:49,714 We put up a notice, Andrea called. 228 00:10:49,716 --> 00:10:51,249 She took the apartment sight unseen. 229 00:10:51,251 --> 00:10:53,284 Mm. That's a little impulsive. 230 00:10:53,286 --> 00:10:54,786 That's Andrea. 231 00:10:54,788 --> 00:10:57,222 Changes courses every other day. 232 00:10:57,224 --> 00:10:58,790 Boyfriends, too? 233 00:10:58,792 --> 00:11:00,325 No more than most women today. 234 00:11:00,327 --> 00:11:01,793 That's one man's opinion. 235 00:11:01,795 --> 00:11:04,663 Okay, maybe a little more than most, 236 00:11:04,665 --> 00:11:06,765 but she was frank about it. 237 00:11:06,767 --> 00:11:07,799 She likes men. 238 00:11:07,801 --> 00:11:10,001 There's nothing wrong with that. 239 00:11:10,003 --> 00:11:11,436 When Andrea got back from the hospital, 240 00:11:11,438 --> 00:11:13,104 did she talk about anything that happened? 241 00:11:13,106 --> 00:11:15,373 Yeah, she said she had been raped. 242 00:11:15,375 --> 00:11:17,776 Any details? 243 00:11:17,778 --> 00:11:20,178 Well, it was all pretty confused. 244 00:11:20,180 --> 00:11:23,048 There was something about a room, 245 00:11:23,050 --> 00:11:24,783 everything going dark. 246 00:11:24,785 --> 00:11:26,785 She was very shaken up. 247 00:11:26,787 --> 00:11:29,287 So she seemed like a women who'd just been raped? 248 00:11:29,289 --> 00:11:31,289 Geez, yes. 249 00:11:31,291 --> 00:11:34,459 She was hurt, angry. 250 00:11:34,461 --> 00:11:36,761 Did you get any read off her? 251 00:11:36,763 --> 00:11:38,129 After 50 minutes? 252 00:11:38,131 --> 00:11:39,698 How about some top-of-the-mind, 253 00:11:39,700 --> 00:11:42,701 inadmissible, subjective impressions? 254 00:11:42,703 --> 00:11:45,170 Just as long as you don't go out on a limb. 255 00:11:45,172 --> 00:11:48,773 Is it just me or all women with triple-digit IQs? 256 00:11:48,775 --> 00:11:51,409 Well, you're the only one I know, Doc. 257 00:11:51,411 --> 00:11:53,011 Andrea Fermi? 258 00:11:53,013 --> 00:11:56,114 Do I think she consented to have sex? No. 259 00:11:56,116 --> 00:11:59,050 Do I think she's emotionally disturbed? Yes. 260 00:11:59,052 --> 00:12:00,385 How disturbed? 261 00:12:00,387 --> 00:12:03,788 Disturbed enough that she needs to be in therapy. 262 00:12:03,790 --> 00:12:06,458 It's not uncommon, and she fits the profile: 263 00:12:06,460 --> 00:12:07,859 Parents divorced, 264 00:12:07,861 --> 00:12:11,029 desperation for a relationship with a male, 265 00:12:11,031 --> 00:12:13,732 inability to tolerate rejection, making threats. 266 00:12:13,734 --> 00:12:16,234 Look, girls are bombarded with images 267 00:12:16,236 --> 00:12:18,236 of who they should be to get boys: 268 00:12:18,238 --> 00:12:20,472 ads, movies, Madonna. 269 00:12:20,474 --> 00:12:23,041 They end up playing a stereotypical role: 270 00:12:23,043 --> 00:12:26,077 a highly-sexualized adult woman. 271 00:12:26,079 --> 00:12:28,780 But in reality, they're just children seeking approval. 272 00:12:28,782 --> 00:12:30,749 Was she raped or not? 273 00:12:30,751 --> 00:12:33,218 I'd say absolutely, but... 274 00:12:33,220 --> 00:12:34,753 But what? 275 00:12:34,755 --> 00:12:37,055 Based on her previous sexual behavior, 276 00:12:37,057 --> 00:12:39,290 the boys may have convinced themselves 277 00:12:39,292 --> 00:12:41,192 that she didn't care. 278 00:12:45,432 --> 00:12:47,065 DNA test on the samples 279 00:12:47,067 --> 00:12:49,200 gives us intercourse with two men. 280 00:12:49,202 --> 00:12:50,802 You still need proof of that rape. 281 00:12:50,804 --> 00:12:52,287 Not in court, you don't. 282 00:12:52,288 --> 00:12:53,771 The law says no corroboration necessary. 283 00:12:53,774 --> 00:12:56,307 Fine, but without it, you don't get a conviction from a jury. 284 00:12:56,309 --> 00:12:58,076 Unfortunately, he's right. 285 00:12:58,077 --> 00:12:59,844 She was drunk, and her rep ain't exactly spotless. 286 00:12:59,846 --> 00:13:02,147 Okay, so all the men and half the women 287 00:13:02,149 --> 00:13:03,815 are going to say she was asking for it. 288 00:13:03,817 --> 00:13:05,450 Date rape, maybe. 289 00:13:05,452 --> 00:13:07,085 But this? 290 00:13:07,087 --> 00:13:09,354 Nobody asks to be gang-raped. 291 00:13:09,356 --> 00:13:11,790 Just go talk to her. 292 00:13:11,792 --> 00:13:13,175 Tell her what the problems are. 293 00:13:13,176 --> 00:13:14,559 Maybe she'll give you something else. 294 00:13:16,830 --> 00:13:18,797 FERMI: All right, so I was drunk, 295 00:13:18,799 --> 00:13:20,799 and I'm not a virgin. 296 00:13:20,801 --> 00:13:22,534 So I'm not the perfect victim. 297 00:13:22,536 --> 00:13:24,536 If those boys say they never saw her, 298 00:13:24,538 --> 00:13:26,672 they're lying. 299 00:13:26,673 --> 00:13:28,807 Mrs. Fermi, we are trying to help your daughter. 300 00:13:28,809 --> 00:13:30,208 You heard from Gary lately? 301 00:13:30,210 --> 00:13:32,811 No... 302 00:13:32,813 --> 00:13:36,815 but then I guess what do you say to a raped fiancé? 303 00:13:36,817 --> 00:13:38,950 He told us you weren't engaged. 304 00:13:42,489 --> 00:13:44,856 I guess that's what you say. 305 00:13:44,858 --> 00:13:46,391 He said you two had broken up, 306 00:13:46,393 --> 00:13:47,826 and there was no date for the party. 307 00:13:47,828 --> 00:13:49,561 Well, that's not true! 308 00:13:49,562 --> 00:13:51,295 And he did invite me to the party. 309 00:13:51,298 --> 00:13:52,864 Well, I guess he's lying, too. 310 00:13:55,368 --> 00:13:58,169 I don't believe that he said we weren't engaged. 311 00:13:58,171 --> 00:13:59,304 And that you threatened him. 312 00:13:59,306 --> 00:14:00,505 He showed us a letter. 313 00:14:00,507 --> 00:14:02,507 One of my letters? Mm-hmm. 314 00:14:02,509 --> 00:14:04,576 Show them his, Andrea. 315 00:14:15,856 --> 00:14:17,589 "You've changed my life. 316 00:14:17,591 --> 00:14:19,591 "I want that change to be permanent. 317 00:14:19,593 --> 00:14:21,626 Don't be shocked, but... 318 00:14:21,628 --> 00:14:24,929 I want to marry you." 319 00:14:28,401 --> 00:14:32,437 Now which one of us is lying? 320 00:14:34,641 --> 00:14:36,474 BURNHAM: Okay, in the heat of the moment 321 00:14:36,476 --> 00:14:38,643 I wrote something foolish. 322 00:14:38,645 --> 00:14:41,246 Not to mention lying to us. 323 00:14:41,248 --> 00:14:44,082 You guys, you don't know Andrea. 324 00:14:44,084 --> 00:14:46,417 She got crazy; she scared me. 325 00:14:46,419 --> 00:14:48,653 But you're still saying you didn't see her at the party 326 00:14:48,655 --> 00:14:50,455 and know nothing about the rape? 327 00:14:52,425 --> 00:14:53,892 Like I told you. 328 00:14:53,894 --> 00:14:55,660 CERRETA: Why don't you talk to her? 329 00:14:55,662 --> 00:14:57,562 This is a girl you wanted to marry. 330 00:14:57,563 --> 00:14:59,463 She gets raped, you don't even call to see how she is? 331 00:14:59,466 --> 00:15:02,166 They said it would be better if I didn't. 332 00:15:02,168 --> 00:15:03,968 They? 333 00:15:06,907 --> 00:15:10,174 Ted, Joel-- all the officers. 334 00:15:15,148 --> 00:15:18,049 As vice president, I warned Gary. 335 00:15:18,051 --> 00:15:21,185 These allegations could damage the fraternity. 336 00:15:21,187 --> 00:15:24,088 You warned him not to speak to Andrea? 337 00:15:24,090 --> 00:15:27,592 Well, we were told it's better if there's no contact 338 00:15:27,594 --> 00:15:29,160 between any house members and Andrea. 339 00:15:29,162 --> 00:15:31,129 Mm-hmm, yeah, Gary's a pledge, 340 00:15:31,131 --> 00:15:33,031 So that applies to him, too. 341 00:15:33,033 --> 00:15:34,699 Hey, we're glad to cooperate, 342 00:15:34,701 --> 00:15:36,167 but we were also told 343 00:15:36,169 --> 00:15:38,202 since Joel and I are mentioned by name, 344 00:15:38,204 --> 00:15:40,638 that we shouldn't talk to you without counsel present. 345 00:15:40,640 --> 00:15:42,540 That's your legal right. 346 00:15:42,542 --> 00:15:44,676 We're sorry about Andrea. 347 00:15:44,678 --> 00:15:49,080 It's just we wish she wouldn't have fantasies on our premises. 348 00:15:49,082 --> 00:15:51,082 On your premises? 349 00:15:51,084 --> 00:15:53,685 I thought she wasn't here that night? 350 00:15:53,687 --> 00:15:56,988 LOGAN: Just to double-check. 351 00:15:56,990 --> 00:15:59,157 None of you went upstairs for even a few minutes 352 00:15:59,159 --> 00:16:01,025 the entire night, right? 353 00:16:01,027 --> 00:16:03,161 ALL: No. 354 00:16:05,298 --> 00:16:08,199 Did someone mention the word "cooperation"? 355 00:16:08,201 --> 00:16:10,702 Try different questions. 356 00:16:10,704 --> 00:16:12,337 Maybe we try different people. 357 00:16:12,339 --> 00:16:15,206 You have the list of your party guests 358 00:16:15,208 --> 00:16:17,041 and your employees for that party? 359 00:16:17,043 --> 00:16:18,209 We'd be glad to get you one. 360 00:16:18,211 --> 00:16:19,544 But there's always crashers. 361 00:16:19,546 --> 00:16:22,213 Yeah, from on and off campus. 362 00:16:22,215 --> 00:16:26,517 Hey, if there really was a rape, it could have been anyone. 363 00:16:26,519 --> 00:16:28,353 Okay, the boyfriend did lie. 364 00:16:28,355 --> 00:16:30,254 That kid knows something. 365 00:16:30,256 --> 00:16:32,090 I think what he knows is how to take orders 366 00:16:32,092 --> 00:16:34,092 from his upperclassmen and keep his mouth shut. 367 00:16:34,094 --> 00:16:37,195 A six-hour party-- nobody sees anybody go upstairs? 368 00:16:37,197 --> 00:16:38,663 Nobody goes upstairs himself? 369 00:16:38,665 --> 00:16:41,132 Yeah, right, like they don't serve liquor to minors. 370 00:16:41,134 --> 00:16:43,418 What? A misdemeanor charge? 371 00:16:43,419 --> 00:16:45,703 You think that's going to crack the wall of silence? 372 00:16:45,705 --> 00:16:48,239 All right, we got 70, 80 names here. 373 00:16:48,241 --> 00:16:49,741 Probably take us right up to retirement. 374 00:16:49,743 --> 00:16:51,943 I would start with anybody who isn't, wasn't, 375 00:16:51,944 --> 00:16:54,144 and never will be a member of that fraternity. 376 00:16:54,147 --> 00:16:57,115 Maybe she wasn't there. 377 00:16:57,117 --> 00:16:58,950 We get one more no, 378 00:16:58,951 --> 00:17:00,784 you got to think everybody was as drunk as she was. 379 00:17:00,787 --> 00:17:03,054 Who's next? 380 00:17:05,025 --> 00:17:07,025 Sorry, I might have served her, 381 00:17:07,027 --> 00:17:09,360 but there were at least 100 kids there. 382 00:17:09,362 --> 00:17:10,762 He must have some eyesight, huh? 383 00:17:10,764 --> 00:17:12,797 I can't help you. 384 00:17:12,799 --> 00:17:14,265 Hey, listen, come here. 385 00:17:14,267 --> 00:17:17,135 You think you served any underage kids there? 386 00:17:17,137 --> 00:17:18,169 Oh, come on. 387 00:17:18,171 --> 00:17:20,271 Maybe we could find a few. 388 00:17:20,273 --> 00:17:22,173 All right, listen, I'll level with you. 389 00:17:22,175 --> 00:17:25,710 I did two years' hard time, and I'm almost off parole. 390 00:17:25,712 --> 00:17:28,379 Working parties and bartending is a no-no. 391 00:17:28,381 --> 00:17:31,049 Cool it, we're not the parole division. 392 00:17:31,051 --> 00:17:32,116 All right. 393 00:17:32,118 --> 00:17:34,118 Pigtails had on the wrong costume. 394 00:17:34,120 --> 00:17:36,120 She looked like a little girl, 395 00:17:36,122 --> 00:17:38,723 but she can drink like a sand dune. 396 00:17:38,725 --> 00:17:40,091 How much? 397 00:17:40,093 --> 00:17:41,726 Eight or ten shots, easy. 398 00:17:41,728 --> 00:17:44,162 Yeah, enough to put me into a long dream. 399 00:17:44,164 --> 00:17:46,697 Anybody follow her, you know, go upstairs? 400 00:17:46,699 --> 00:17:48,166 Well, I was tracking her. 401 00:17:48,168 --> 00:17:50,201 I thought she might be my score for the night, 402 00:17:50,203 --> 00:17:51,836 but she staggered out with some guy. 403 00:17:51,838 --> 00:17:53,404 That was the last I saw of her. 404 00:17:53,406 --> 00:17:55,773 Would you recognize this guy if you saw him again? 405 00:17:55,775 --> 00:17:57,075 No. Too dark. 406 00:17:57,077 --> 00:17:59,177 His mask was half off his face-- 407 00:17:59,179 --> 00:18:00,344 some costume... 408 00:18:00,346 --> 00:18:02,447 What kind of costume-- an animal? 409 00:18:02,449 --> 00:18:03,848 Yeah, that's right. 410 00:18:03,850 --> 00:18:06,217 Yeah. What kind of animal? 411 00:18:06,219 --> 00:18:07,652 ( chuckling ): Sorry. 412 00:18:07,654 --> 00:18:09,620 It had big ears. 413 00:18:09,622 --> 00:18:12,290 If that's any help. 414 00:18:13,226 --> 00:18:15,326 At least we know she was there. 415 00:18:15,328 --> 00:18:17,728 Oh, yeah, with an animal that has big ears. 416 00:18:17,730 --> 00:18:19,330 Where does that get us? 417 00:18:19,332 --> 00:18:21,199 Two steps ahead of where we were yesterday. 418 00:18:21,201 --> 00:18:22,733 With no corroboration. 419 00:18:22,735 --> 00:18:25,636 Oh, gee, Mike why don't we just quit? 420 00:18:25,638 --> 00:18:27,638 Next up, Gail, Stuart Carradine, 421 00:18:27,640 --> 00:18:29,674 grad students. 422 00:18:29,676 --> 00:18:31,742 Good. Very good. 423 00:18:31,744 --> 00:18:33,211 We were only there for a half an hour. 424 00:18:33,213 --> 00:18:34,479 We're not, uh... 425 00:18:34,481 --> 00:18:36,380 My wife and I aren't really party people, so... 426 00:18:36,382 --> 00:18:39,150 So, nothing strange happened? 427 00:18:41,221 --> 00:18:43,488 It was Halloween... but rape? 428 00:18:43,490 --> 00:18:45,890 No. 429 00:18:45,892 --> 00:18:47,692 ( coughing ) 430 00:18:48,795 --> 00:18:50,895 Excuse me, may I have some water? 431 00:18:50,897 --> 00:18:52,263 Sure. 432 00:18:52,265 --> 00:18:54,265 Thank you. 433 00:18:57,237 --> 00:18:59,237 Must be something in the air. 434 00:18:59,239 --> 00:19:01,305 I feel like I'm swallowing ashes. 435 00:19:05,245 --> 00:19:07,245 It doesn't take Sigmund Freud 436 00:19:07,247 --> 00:19:09,247 to see that you're nervous, Gail. 437 00:19:09,249 --> 00:19:10,681 ( sighs ) 438 00:19:10,683 --> 00:19:12,183 Can you believe it? 439 00:19:12,185 --> 00:19:13,384 I was a ballerina. 440 00:19:13,386 --> 00:19:14,785 I felt ridiculous. 441 00:19:14,787 --> 00:19:16,787 I didn't even want to go, 442 00:19:16,789 --> 00:19:18,923 and all those TPs act like they own the world. 443 00:19:18,925 --> 00:19:20,525 Stuart used to be president. 444 00:19:20,527 --> 00:19:22,927 Thought he had outgrown all that crap. 445 00:19:22,929 --> 00:19:26,297 We went upstairs. 446 00:19:26,299 --> 00:19:28,699 I went to the bathroom. What the hell are you doing? 447 00:19:28,701 --> 00:19:30,168 What are you telling him? Just what I saw. 448 00:19:30,170 --> 00:19:31,402 It's none of their business. 449 00:19:31,404 --> 00:19:34,238 This is rape, not a college prank. 450 00:19:35,775 --> 00:19:38,843 Go ahead. This is our business. 451 00:19:38,845 --> 00:19:40,912 I came out of the bathroom, 452 00:19:40,914 --> 00:19:43,414 and I saw two guys on the stairs 453 00:19:43,416 --> 00:19:45,816 and one of them said, "Come on, she's there. 454 00:19:45,818 --> 00:19:47,285 Let's go, let's go." 455 00:19:47,287 --> 00:19:48,853 That could have meant anything 456 00:19:48,854 --> 00:19:50,420 and you can't be sure who, 'cause it was dark. 457 00:19:50,423 --> 00:19:51,789 I'm sure, Stuart. 458 00:19:51,791 --> 00:19:56,227 One of them was Joel Holder. 459 00:19:56,229 --> 00:19:59,230 Yeah? Well, it's a mistake, or it's a lie. 460 00:19:59,232 --> 00:20:01,966 Hey, look, it couldn't have been me, all right? 461 00:20:01,968 --> 00:20:03,834 I'm sure it is a mistake, Joel. 462 00:20:03,836 --> 00:20:05,236 Why don't you clear it up? 463 00:20:05,238 --> 00:20:07,505 Yeah, just get a blood test. 464 00:20:07,507 --> 00:20:09,974 It will show that you didn't have sex with the girl. 465 00:20:09,976 --> 00:20:12,843 Okay... okay, all right. 466 00:20:12,845 --> 00:20:14,312 No problem. 467 00:20:14,314 --> 00:20:15,580 We got a deal. 468 00:20:15,582 --> 00:20:16,981 When? 469 00:20:16,983 --> 00:20:20,451 ( music blasting ) 470 00:20:20,453 --> 00:20:21,452 They say 471 00:20:21,454 --> 00:20:24,322 somebody saw me upstairs. 472 00:20:24,324 --> 00:20:25,456 No way. 473 00:20:25,458 --> 00:20:27,458 We were with him all night. 474 00:20:27,460 --> 00:20:29,394 LOGAN: Oh, yeah? 475 00:20:29,395 --> 00:20:31,329 Well, Joel here is going to take a blood test, 476 00:20:31,331 --> 00:20:33,264 and we'll get this over with. 477 00:20:33,266 --> 00:20:35,299 Nobody's taking any blood test. 478 00:20:36,769 --> 00:20:38,803 We're calling our lawyers. 479 00:20:41,307 --> 00:20:43,474 Fine. 480 00:20:43,476 --> 00:20:45,009 They still have witnesses who say 481 00:20:45,011 --> 00:20:46,877 they never left the first floor during the party. 482 00:20:46,879 --> 00:20:48,446 Under oath, maybe not. 483 00:20:48,448 --> 00:20:49,580 Holder said he would give blood? 484 00:20:49,582 --> 00:20:51,282 CERRETA: My guess is he did it, 485 00:20:51,284 --> 00:20:52,917 but he knows he didn't leave a souvenir. 486 00:20:52,919 --> 00:20:55,319 How good is this Gail Carradine? 487 00:20:55,321 --> 00:20:57,021 The husband didn't break her. 488 00:20:57,023 --> 00:20:59,357 We got Holder on the third floor at the right time. 489 00:20:59,359 --> 00:21:01,259 But no Campion. 490 00:21:01,261 --> 00:21:03,327 She believes these guys did it. 491 00:21:03,329 --> 00:21:05,296 My call? Pick them up. 492 00:21:06,866 --> 00:21:08,299 All right, do it. 493 00:21:27,053 --> 00:21:29,954 Holder and Campion. 494 00:21:29,956 --> 00:21:31,922 Back up. 495 00:21:31,924 --> 00:21:35,393 Come on, come on, let's go. 496 00:21:35,395 --> 00:21:36,927 ( inmates hooting ) 497 00:21:36,929 --> 00:21:38,496 We want to call our lawyers. 498 00:21:38,498 --> 00:21:39,864 In a minute. 499 00:21:39,866 --> 00:21:40,931 You can't do this to us. 500 00:21:40,933 --> 00:21:43,968 Oh, sure, we can. 501 00:21:43,970 --> 00:21:45,970 INMATE: Hey, sweet cheeks. 502 00:21:45,972 --> 00:21:49,340 I see my girlfriend now. 503 00:21:49,342 --> 00:21:51,042 Take a right. 504 00:21:52,979 --> 00:21:55,079 Okay, gentlemen, 505 00:21:55,081 --> 00:21:56,981 toes on the line. Got them? 506 00:21:56,983 --> 00:22:00,051 I want pictures of every inch of their bodies. 507 00:22:00,053 --> 00:22:03,521 I don't want any police brutality claims here. 508 00:22:18,438 --> 00:22:20,838 Judge, a blood test at this time seems premature. 509 00:22:20,840 --> 00:22:23,341 We'll present to the grand jury next week. 510 00:22:23,343 --> 00:22:24,875 Miss Gifford? 511 00:22:24,877 --> 00:22:26,944 My client, Joel Holder, is perfectly willing 512 00:22:26,946 --> 00:22:28,979 to give a blood sample. 513 00:22:28,981 --> 00:22:32,817 The prosecutor's information looks good to me, Mr. Gould. 514 00:22:32,819 --> 00:22:33,918 I'm signing this order for both Holder 515 00:22:33,920 --> 00:22:36,787 and for your client, Mr. Campion. 516 00:22:36,789 --> 00:22:40,391 The detectives may approve the transfer to Rikers, 517 00:22:40,393 --> 00:22:43,661 where the defendants will give blood samples. 518 00:22:43,663 --> 00:22:45,429 Nice work, gentlemen. 519 00:22:45,431 --> 00:22:47,398 Four-probe DNA match on Campion. 520 00:22:47,400 --> 00:22:50,935 It's not so good on Holder-- two-probe, bad sample. 521 00:22:50,937 --> 00:22:53,804 I forget what that says about the odds. 522 00:22:53,806 --> 00:22:55,806 We got a witness on Holder. 523 00:22:55,808 --> 00:22:57,808 We're going to need more than that. 524 00:22:57,810 --> 00:23:01,011 They filed a civil suit against the girl. 525 00:23:01,013 --> 00:23:02,747 Defamation and slander. 526 00:23:02,749 --> 00:23:04,782 CERRETA: So what? Public relations. 527 00:23:04,784 --> 00:23:07,752 No, Ezra Gould is not that kind of lawyer. 528 00:23:07,754 --> 00:23:09,754 If he goes through with it... 529 00:23:09,756 --> 00:23:11,489 He has something exculpatory. 530 00:23:11,491 --> 00:23:16,494 They must know something about that night that we don't, huh? 531 00:23:20,032 --> 00:23:21,532 You don't know what happened, I do. 532 00:23:21,534 --> 00:23:22,967 What is the agenda here? 533 00:23:22,969 --> 00:23:25,703 Don't go to the grand jury, we'll drop the civil suit. 534 00:23:25,705 --> 00:23:26,771 You're asking us to play blind. 535 00:23:26,773 --> 00:23:27,905 Tell us what you have. 536 00:23:27,906 --> 00:23:29,038 What if it doesn't force you to drop? 537 00:23:29,041 --> 00:23:30,408 We're not handing you our case. 538 00:23:30,410 --> 00:23:31,942 Ezra, are we on the same planet? 539 00:23:31,944 --> 00:23:34,011 We have a DNA match on your clients. 540 00:23:34,013 --> 00:23:35,746 Proves sex, not rape. 541 00:23:35,748 --> 00:23:37,748 You have zero on Mr. Holder. 542 00:23:37,750 --> 00:23:40,017 It's a lousy case, and you're ruining these boys' lives. 543 00:23:40,019 --> 00:23:42,453 No, these boys ruined Andrea Fermi's life, 544 00:23:42,455 --> 00:23:44,722 and we're trying to make them pay for it. 545 00:23:44,724 --> 00:23:48,492 The college is concerned about a trial. 546 00:23:48,494 --> 00:23:49,627 Are they concerned 547 00:23:49,629 --> 00:23:50,995 about their drunken fraternity boys 548 00:23:50,997 --> 00:23:52,062 raping a girl? 549 00:23:52,064 --> 00:23:53,798 You think the civil suit is a ploy? 550 00:23:53,800 --> 00:23:55,566 It's a chess game. 551 00:23:55,568 --> 00:23:58,836 There's a pawn on the board that we don't know. 552 00:23:58,838 --> 00:24:01,038 Where will you go with the alcohol problem? 553 00:24:01,040 --> 00:24:03,741 She was legally drunk-- no capacity to consent. 554 00:24:03,743 --> 00:24:05,843 Legally drunk to drive, 555 00:24:05,845 --> 00:24:08,813 but appearances can be deceiving. 556 00:24:08,815 --> 00:24:12,883 I have two shots of gin-- that can roll me into bed. 557 00:24:12,885 --> 00:24:14,618 She has four. 558 00:24:14,620 --> 00:24:16,887 She may look perfectly coherent. 559 00:24:16,889 --> 00:24:18,789 Adam, she passed out on the street. 560 00:24:18,791 --> 00:24:21,659 Iffy. Did she pass out in that room? 561 00:24:21,661 --> 00:24:23,678 You don't like this without sugar? 562 00:24:23,679 --> 00:24:25,696 You know the boys are getting better press play. 563 00:24:25,698 --> 00:24:27,798 What does that tell you? They'll get better play from a jury. 564 00:24:27,800 --> 00:24:29,567 Thank you, Paul. 565 00:24:29,569 --> 00:24:30,901 What do you want to do? 566 00:24:30,903 --> 00:24:32,636 Forget about the law. 567 00:24:32,638 --> 00:24:35,039 Pretend you're a jury, and find somebody 568 00:24:35,041 --> 00:24:38,576 who will testify that she wasn't in any condition 569 00:24:38,578 --> 00:24:40,611 to say yes or no. 570 00:24:42,548 --> 00:24:44,682 Well, it doesn't matter what happens now. 571 00:24:44,684 --> 00:24:46,650 Nobody's ever going to believe me. 572 00:24:46,652 --> 00:24:49,653 The civil suit is a problem, because the only way 573 00:24:49,655 --> 00:24:52,656 it makes sense is if they have a witness-- 574 00:24:52,658 --> 00:24:54,925 someone to convince the jury that you consented. 575 00:24:54,927 --> 00:24:57,061 I didn't! 576 00:24:57,063 --> 00:24:59,997 Plus whatever they have in their back pocket. 577 00:24:59,999 --> 00:25:02,700 The front pocket looks pretty good. 578 00:25:02,702 --> 00:25:03,934 You did know the boys. 579 00:25:03,936 --> 00:25:05,769 Not that well. Not... 580 00:25:08,641 --> 00:25:11,108 I'm tired of feeling like a slut. 581 00:25:12,712 --> 00:25:15,679 Have you talked to Gary Burnham? 582 00:25:15,681 --> 00:25:16,780 No. 583 00:25:16,782 --> 00:25:18,749 Why? 584 00:25:18,751 --> 00:25:21,752 The police think he's frightened about something. 585 00:25:21,754 --> 00:25:24,722 Did he... participate in the rape? 586 00:25:24,724 --> 00:25:27,658 No. I... I don't even think he was there. 587 00:25:27,660 --> 00:25:28,893 I mean, I didn't see him. 588 00:25:28,895 --> 00:25:30,761 The bartender remembers you. 589 00:25:30,763 --> 00:25:33,631 He says you went upstairs with a man in a costume. 590 00:25:33,633 --> 00:25:35,032 Something about big ears. 591 00:25:35,034 --> 00:25:37,034 We went through this. 592 00:25:37,036 --> 00:25:38,903 I don't remember. 593 00:25:38,905 --> 00:25:40,905 Think. 594 00:25:40,907 --> 00:25:42,907 Maybe. 595 00:25:42,909 --> 00:25:45,042 I don't know. 596 00:25:45,044 --> 00:25:47,845 Maybe it could have been a... mouse. 597 00:25:50,650 --> 00:25:52,983 With big, black ears. 598 00:25:56,956 --> 00:26:01,959 Then again, maybe I'm just imagining that, too. 599 00:26:03,829 --> 00:26:05,829 We've been through this 50 times-- 600 00:26:05,831 --> 00:26:07,598 no rabbit costume, no mouse. 601 00:26:07,600 --> 00:26:08,933 You know, the bartender said ears. 602 00:26:08,935 --> 00:26:10,801 Andrea said black ears. 603 00:26:10,803 --> 00:26:12,670 That's a major contribution. 604 00:26:12,672 --> 00:26:15,205 Little Bo Peep, Batman, Master of the Universe 605 00:26:15,207 --> 00:26:16,707 Abraham Lincoln, Lee Iacocca... 606 00:26:16,709 --> 00:26:17,808 What? 607 00:26:17,810 --> 00:26:18,943 I don't know; they're college kids. 608 00:26:18,945 --> 00:26:20,010 Ronald Reagan, Nancy Reagan, 609 00:26:20,012 --> 00:26:23,147 Wonder Woman, Snoopy, Spiderman... 610 00:26:25,084 --> 00:26:26,684 Snoopy? 611 00:26:26,686 --> 00:26:28,752 Let me have that card. 612 00:26:30,656 --> 00:26:33,857 Hubble's law of the critical energy density. 613 00:26:33,859 --> 00:26:35,626 Beautiful, huh? 614 00:26:35,628 --> 00:26:37,695 Little school girl, white knee socks-- 615 00:26:37,697 --> 00:26:39,697 she said she was with you. 616 00:26:39,699 --> 00:26:42,700 She said she felt sick, had too much to drink, 617 00:26:42,702 --> 00:26:44,702 so I took her to the bathroom. 618 00:26:44,704 --> 00:26:46,604 You leave her there? 619 00:26:46,606 --> 00:26:48,739 No. I came back down and had a drink. 620 00:26:48,741 --> 00:26:51,842 I got worried when she didn't show, so, um... 621 00:26:51,844 --> 00:26:53,844 I have to testify about this? 622 00:26:53,846 --> 00:26:55,846 You might have to, yes. 623 00:26:55,848 --> 00:26:58,749 Look, I have a lot of work to do here, 624 00:26:58,751 --> 00:27:01,185 so I really shouldn't have said anything. 625 00:27:01,187 --> 00:27:03,187 You should have told the police. 626 00:27:03,189 --> 00:27:06,056 At the time, I didn't make the connection. 627 00:27:06,058 --> 00:27:07,825 Absentminded physicist? 628 00:27:07,827 --> 00:27:10,661 You don't look that out of it, Mr. Collins. 629 00:27:12,264 --> 00:27:14,264 I went to look for her. 630 00:27:14,266 --> 00:27:17,267 She came stumbling out of her room. 631 00:27:17,269 --> 00:27:19,136 Look, these jocks... 632 00:27:19,138 --> 00:27:21,839 I mean, if I testify, they're going to... 633 00:27:21,841 --> 00:27:24,842 We can always finish this conversation in court. 634 00:27:27,813 --> 00:27:29,847 Okay, Joel runs out. 635 00:27:29,849 --> 00:27:31,815 He throws his arms around her 636 00:27:31,817 --> 00:27:34,084 and sort of... carries her back in. 637 00:27:34,086 --> 00:27:35,753 Joel Holder? 638 00:27:35,755 --> 00:27:39,089 Yeah. Joel Holder. 639 00:27:40,926 --> 00:27:43,193 SCHIFF: What would you settle for? 640 00:27:43,195 --> 00:27:45,829 If he'll roll on Campion, rape three. 641 00:27:45,831 --> 00:27:47,765 Maybe toss in menacing. 642 00:27:47,767 --> 00:27:49,833 With the questionable DNA, 643 00:27:49,835 --> 00:27:51,168 rape one is going to be tough, anyway. 644 00:27:51,170 --> 00:27:52,870 Even with the witnesses. 645 00:27:52,872 --> 00:27:55,373 I hate to roll him, Adam, 646 00:27:55,374 --> 00:27:57,875 but the closer we get to trial, I'd be happy with anything 647 00:27:57,877 --> 00:27:59,810 before we get hit with whatever Holder 648 00:27:59,812 --> 00:28:01,779 and Campion's lawyers have under their hats. 649 00:28:01,781 --> 00:28:04,748 So far, we're basically shooting blanks. 650 00:28:04,750 --> 00:28:06,850 Set up a meeting with her tomorrow. 651 00:28:06,852 --> 00:28:08,285 Maybe she'll be ready to plead him out. 652 00:28:08,287 --> 00:28:10,988 Yeah, I hope so. 653 00:28:10,990 --> 00:28:13,824 Newspapers make their stories up, just like your defendant. 654 00:28:13,826 --> 00:28:15,693 Rape third degree, menacing 655 00:28:15,695 --> 00:28:17,027 with a leniency recommendation. 656 00:28:17,029 --> 00:28:18,195 That could still mean prison. 657 00:28:18,197 --> 00:28:20,247 Oh, I'm not going to jail. 658 00:28:20,248 --> 00:28:22,298 If you're convicted, a jury will send you away for longer than we do. 659 00:28:22,301 --> 00:28:24,802 Mm-hmm, so you want me to lie, betray my friend, 660 00:28:24,804 --> 00:28:26,804 and go to jail for doing this. 661 00:28:26,806 --> 00:28:28,906 A witness saw you dragging her from the room. 662 00:28:28,908 --> 00:28:30,007 I wasn't dragging her! Joel. 663 00:28:30,009 --> 00:28:31,241 She was drunk. 664 00:28:31,243 --> 00:28:32,976 I was helping her walk. 665 00:28:32,978 --> 00:28:35,112 Mr. Holder, I assume Miss Gifford informed you 666 00:28:35,114 --> 00:28:38,816 that rape in the first degree holds a minimum of eight years. 667 00:28:38,818 --> 00:28:41,285 Stop trying to scare him with numbers. 668 00:28:41,287 --> 00:28:42,753 He's succeeding. 669 00:28:42,755 --> 00:28:44,021 It wasn't rape. 670 00:28:44,023 --> 00:28:46,323 Joel, not another word. 671 00:28:46,325 --> 00:28:48,792 And if it takes a trial to prove that we're innocent, 672 00:28:48,794 --> 00:28:51,095 then maybe we have to go through with it. 673 00:28:55,134 --> 00:28:57,267 We'll talk sexual misconduct. 674 00:28:57,269 --> 00:28:59,737 A misdemeanor for what happened to her? 675 00:28:59,739 --> 00:29:01,839 You have the wrong century. 676 00:29:01,841 --> 00:29:03,841 And you have the wrong offer. 677 00:29:03,843 --> 00:29:05,843 I feel for Miss Fermi, 678 00:29:05,845 --> 00:29:08,946 but she's putting herself through this for nothing 679 00:29:08,948 --> 00:29:11,248 and doing it to my client, too. 680 00:29:13,018 --> 00:29:15,819 Either he's tougher than he looks, 681 00:29:15,821 --> 00:29:17,855 or he believes what he says. 682 00:29:17,857 --> 00:29:20,791 Let's see what Campion believes. 683 00:29:20,793 --> 00:29:22,226 You can't prove sex wasn't consensual, Stone. 684 00:29:22,228 --> 00:29:23,661 All you've got is the girl, 685 00:29:23,662 --> 00:29:25,095 and her memory is as bad as her morals. 686 00:29:25,097 --> 00:29:26,997 We have a DNA match on your client, 687 00:29:26,999 --> 00:29:29,800 a witness who puts Miss Fermi in his room, 688 00:29:29,802 --> 00:29:32,136 and slew of witnesses that say she was very drunk, 689 00:29:32,138 --> 00:29:33,403 too drunk to consent. 690 00:29:33,405 --> 00:29:35,139 I read the medical charts. 691 00:29:35,141 --> 00:29:36,874 .13 is not that high. 692 00:29:36,876 --> 00:29:38,375 She was a heavy drinker. 693 00:29:38,377 --> 00:29:40,377 Now, you said you had something to offer? 694 00:29:40,379 --> 00:29:41,845 Rape three 695 00:29:41,847 --> 00:29:44,081 with a recommendation, plus testimony. 696 00:29:44,083 --> 00:29:46,083 What is he, a serial killer? 697 00:29:46,085 --> 00:29:48,285 We could just discuss sexual misconduct, huh? 698 00:29:48,287 --> 00:29:50,888 For Mr. Holder, maybe, not Mr. Campion. 699 00:29:50,890 --> 00:29:52,356 I can't believe this. 700 00:29:52,358 --> 00:29:53,390 You're destroying my life. 701 00:29:53,392 --> 00:29:54,892 Doesn't anybody understand that? 702 00:29:54,894 --> 00:29:56,426 We're just talking, Ted. 703 00:29:56,428 --> 00:29:59,296 My mother hardly gets out of bed anymore. 704 00:29:59,298 --> 00:30:01,431 My father, who is going broke to prove I'm innocent 705 00:30:01,433 --> 00:30:03,400 looks at me like I can't even be his son. 706 00:30:03,402 --> 00:30:05,102 That's enough, Ted. No, it's not enough! 707 00:30:05,104 --> 00:30:06,970 You're playing with my life like it's a game. 708 00:30:06,972 --> 00:30:09,139 Rape three, rape one, sexual misconduct. 709 00:30:09,141 --> 00:30:10,874 It's a joke. 710 00:30:10,876 --> 00:30:12,309 Andrea came to the party... 711 00:30:12,311 --> 00:30:14,244 Ted, we discussed this. And I don't want to wait. 712 00:30:14,246 --> 00:30:16,180 She knew what she wanted, and she got it. 713 00:30:16,182 --> 00:30:17,948 If you want proof, talk to her boyfriend, 714 00:30:17,950 --> 00:30:19,283 talk to Gary Burnham. 715 00:30:19,285 --> 00:30:21,285 He set it all up. 716 00:30:21,287 --> 00:30:25,455 I haven't heard the word "immunity." 717 00:30:25,457 --> 00:30:27,991 This week I forgot what it means. 718 00:30:27,993 --> 00:30:30,427 And my client forgot what happened. 719 00:30:30,429 --> 00:30:33,363 If he tells the truth, and it's accessory, 720 00:30:33,365 --> 00:30:34,998 he won't be charged. 721 00:30:37,436 --> 00:30:43,140 I invited her to the party, but she knew why... 722 00:30:44,476 --> 00:30:48,879 ...to have sex with some of the fraternity brothers. 723 00:30:48,881 --> 00:30:50,147 With Holder and Campion? 724 00:30:50,149 --> 00:30:51,849 They just happened to be first. 725 00:30:51,851 --> 00:30:53,250 It could have been anybody. 726 00:30:53,252 --> 00:30:55,118 She just wanted to have a good time. 727 00:30:55,120 --> 00:30:56,420 She told you this? 728 00:30:58,357 --> 00:31:01,859 I found out... about all the guys she'd had. 729 00:31:01,861 --> 00:31:04,895 She said it was no big deal. 730 00:31:04,897 --> 00:31:06,263 I got angry. 731 00:31:06,265 --> 00:31:09,233 I said, "You want to take on the whole house, 732 00:31:09,235 --> 00:31:11,235 I can arrange it." 733 00:31:11,237 --> 00:31:13,871 She laughed, and said, "Go ahead." 734 00:31:13,873 --> 00:31:15,305 You thought she was serious? 735 00:31:15,307 --> 00:31:16,907 Not at first. 736 00:31:16,909 --> 00:31:19,042 When I called her about the party, 737 00:31:19,044 --> 00:31:21,178 I said they were waiting for her. 738 00:31:21,180 --> 00:31:24,181 She said, "They're going to love my costume 739 00:31:24,183 --> 00:31:26,950 if they like little girls." 740 00:31:30,256 --> 00:31:31,488 I thought she meant it. 741 00:31:31,490 --> 00:31:33,991 I thought she wanted it. 742 00:31:43,535 --> 00:31:45,469 None of it is true? 743 00:31:45,471 --> 00:31:47,905 Okay. 744 00:31:47,907 --> 00:31:50,240 He thought he was the first man in my life. 745 00:31:50,242 --> 00:31:54,278 And when we fought, we said stupid things, 746 00:31:54,280 --> 00:31:56,947 but we didn't mean them. 747 00:31:56,949 --> 00:31:59,483 Did you say the boys would like your costume 748 00:31:59,485 --> 00:32:01,285 if they liked little girls? 749 00:32:01,287 --> 00:32:02,552 It was a joke. 750 00:32:02,554 --> 00:32:04,488 Gary will testify. 751 00:32:07,493 --> 00:32:11,194 So now it's not just my word against Ted and Joel's 752 00:32:11,196 --> 00:32:13,096 it's against Gary, too? 753 00:32:15,467 --> 00:32:18,502 You don't want to go through with this. 754 00:32:22,074 --> 00:32:23,974 Do you? 755 00:32:27,279 --> 00:32:30,480 If the boyfriend's convincing, 756 00:32:30,482 --> 00:32:33,550 the jury sees a premeditated orgy. 757 00:32:33,552 --> 00:32:36,186 We're on a line-- seduction or betrayal. 758 00:32:36,188 --> 00:32:38,088 Juries like the seduction side. 759 00:32:38,090 --> 00:32:41,692 I had breakfast this morning at the City Club. 760 00:32:41,694 --> 00:32:44,261 Two bankers sit behind me. 761 00:32:44,263 --> 00:32:46,496 I listened while they convinced themselves 762 00:32:46,498 --> 00:32:47,597 that she's responsible. 763 00:32:47,599 --> 00:32:49,032 What are we supposed to do? 764 00:32:49,034 --> 00:32:50,200 Rewrite the entire sexual history of women 765 00:32:50,202 --> 00:32:51,234 in the courtroom? 766 00:32:51,236 --> 00:32:52,703 The boys think 767 00:32:52,705 --> 00:32:54,638 they did nothing wrong, and she's vague. 768 00:32:54,640 --> 00:32:57,307 She threatened, she knew them... 769 00:32:57,309 --> 00:32:59,042 And she didn't consent. 770 00:32:59,044 --> 00:33:00,243 The Supreme Court in Canada 771 00:33:00,245 --> 00:33:02,212 has allowed women's sexual histories 772 00:33:02,214 --> 00:33:04,214 to be introduced in rape cases. 773 00:33:04,216 --> 00:33:07,084 Message for you. 774 00:33:07,086 --> 00:33:08,352 Current issue. 775 00:33:08,354 --> 00:33:11,221 Sex Crimes and the Law. 776 00:33:11,223 --> 00:33:14,624 Page 54. 777 00:33:14,626 --> 00:33:17,227 "Recent jury studies show women need 778 00:33:17,229 --> 00:33:20,230 "to separate themselves from the victim. 779 00:33:20,232 --> 00:33:23,166 "They need to believe it could not happen to them. 780 00:33:23,168 --> 00:33:26,770 Therefore, women do not believe the victim." 781 00:33:26,772 --> 00:33:28,338 This cheers me right up. 782 00:33:28,340 --> 00:33:30,607 We need a jury of feminists. 783 00:33:30,609 --> 00:33:34,244 You need a witness to get you past reasonable doubt. 784 00:33:34,246 --> 00:33:35,645 The law says we don't need corroboration. 785 00:33:35,647 --> 00:33:38,131 Wonderful. 786 00:33:38,132 --> 00:33:40,616 Last time I looked, Utopia is a small town upstate. 787 00:33:40,619 --> 00:33:42,085 Different zip code 788 00:33:42,087 --> 00:33:44,621 from the Criminal Courts Building. 789 00:33:44,623 --> 00:33:49,359 Gail Carradine's strong but she's not strong enough. 790 00:33:49,361 --> 00:33:51,862 Schiff's right. 791 00:33:51,863 --> 00:33:54,364 With Campion and Holder in ties and blue blazers, 792 00:33:54,366 --> 00:33:56,366 the jury sees their sons. 793 00:33:56,368 --> 00:33:58,802 They won't see their daughters in Andrea. 794 00:33:58,804 --> 00:34:01,238 What about Gail's husband? 795 00:34:01,240 --> 00:34:03,507 What about him? 796 00:34:03,508 --> 00:34:05,775 She said he had been the president of the fraternity. 797 00:34:05,778 --> 00:34:09,246 So? Fraternity presidents tend to be straight arrows. 798 00:34:09,248 --> 00:34:11,248 Why not appeal to his honor? 799 00:34:11,250 --> 00:34:13,383 Why don't you try prosecuting bad guys. 800 00:34:13,385 --> 00:34:15,185 You know, like criminals. 801 00:34:15,187 --> 00:34:17,120 Ted and Joel are good guys? 802 00:34:19,324 --> 00:34:21,591 You were on the same floor at the same time 803 00:34:21,593 --> 00:34:23,260 this rape took place. 804 00:34:23,262 --> 00:34:25,095 I never saw a rape. 805 00:34:27,166 --> 00:34:29,166 You really want Theta Phi 806 00:34:29,168 --> 00:34:31,368 to be a fraternity of rapists? 807 00:34:36,341 --> 00:34:38,241 I saw Gary in the hall. 808 00:34:38,243 --> 00:34:39,643 He was sitting down. 809 00:34:39,645 --> 00:34:40,644 He was drunk. 810 00:34:40,646 --> 00:34:41,711 He looked like 811 00:34:41,713 --> 00:34:43,380 he was going to cry. 812 00:34:43,382 --> 00:34:45,182 I asked him what was wrong, 813 00:34:45,184 --> 00:34:48,118 and he said, "I should have warned her. 814 00:34:48,120 --> 00:34:49,419 She didn't know." 815 00:34:53,358 --> 00:34:55,292 We had a deal; you can't charge him. 816 00:34:55,294 --> 00:34:57,294 Paul. 817 00:34:57,296 --> 00:34:59,229 "If he tells the truth, and it's only accessory, 818 00:34:59,231 --> 00:35:01,665 he won't be charged." 819 00:35:01,667 --> 00:35:02,766 You lied, Gary. 820 00:35:02,768 --> 00:35:04,734 It was a mistake. 821 00:35:04,736 --> 00:35:06,403 We have a witness who talked to you. 822 00:35:06,405 --> 00:35:08,238 You knew Andrea didn't consent. 823 00:35:08,240 --> 00:35:09,439 You can't get in testimony against my client. 824 00:35:09,441 --> 00:35:10,740 Hearsay. 825 00:35:10,742 --> 00:35:12,309 Statement against penal interest 826 00:35:12,311 --> 00:35:13,677 in furtherance of a conspiracy. 827 00:35:13,679 --> 00:35:14,744 I think we'll get it in. 828 00:35:14,746 --> 00:35:16,146 PAUL: Try it. 829 00:35:16,148 --> 00:35:18,348 We'll have an indictment on Mr. Burnham 830 00:35:18,350 --> 00:35:20,183 in 36 hours. 831 00:35:22,154 --> 00:35:24,187 I just want this to end. 832 00:35:24,189 --> 00:35:25,856 It can, if you cooperate. 833 00:35:25,858 --> 00:35:29,759 PAUL: A few minutes with my client-- alone? 834 00:35:43,142 --> 00:35:46,343 He'll say what you want him to. 835 00:35:46,345 --> 00:35:48,478 I can't promise you'll get a conviction on it. 836 00:35:48,480 --> 00:35:51,314 Sexual abuse, first degree. 837 00:35:51,316 --> 00:35:53,483 Come on, if anybody deserves a misdemeanor, he does. 838 00:35:53,485 --> 00:35:55,318 He didn't have sex with her. 839 00:35:55,320 --> 00:35:57,454 Just pimped for those who did. Sexual abuse two. 840 00:35:57,456 --> 00:35:59,256 You need him. 841 00:35:59,258 --> 00:36:02,492 He's your best hope. 842 00:36:12,171 --> 00:36:16,306 Ted and Joel told me that she wasn't worth worrying about, 843 00:36:16,308 --> 00:36:19,442 that they'd prove the kind of girl she was. 844 00:36:19,444 --> 00:36:22,379 When you entered the room, what did you see? 845 00:36:24,449 --> 00:36:27,784 Ted was having intercourse with Andrea. 846 00:36:27,786 --> 00:36:30,420 And did Andrea protest? 847 00:36:30,422 --> 00:36:32,822 At first, she looked unconscious. 848 00:36:32,824 --> 00:36:34,824 Then she started to moan. 849 00:36:34,826 --> 00:36:36,426 She tried to sit up, 850 00:36:36,428 --> 00:36:39,262 but Ted pushed her back down. 851 00:36:39,264 --> 00:36:41,398 His shirt fell over on her face. 852 00:36:41,400 --> 00:36:44,401 Was that to prevent her from seeing who was assaulting her? 853 00:36:44,403 --> 00:36:46,303 Objection. Calls for a conclusion. 854 00:36:46,305 --> 00:36:47,404 Sustained. 855 00:36:47,406 --> 00:36:50,507 How long were you in the room? 856 00:36:50,509 --> 00:36:55,412 When Ted finished, Joel undressed. 857 00:36:55,414 --> 00:36:57,447 He got on top of her. 858 00:36:57,449 --> 00:36:59,449 It sounded like she was crying. 859 00:36:59,451 --> 00:37:00,850 Joel finished. 860 00:37:00,852 --> 00:37:03,987 Ted motioned to me that it was my turn. 861 00:37:03,989 --> 00:37:05,789 That's when I left. 862 00:37:07,459 --> 00:37:11,461 Mr. Burnham, do you have any doubt at all in your mind 863 00:37:11,463 --> 00:37:15,365 that Andrea was not consenting to have sex with the defendants? 864 00:37:15,367 --> 00:37:17,584 Objection. 865 00:37:17,585 --> 00:37:19,802 He has no knowledge of anyone's state of mind. 866 00:37:19,805 --> 00:37:22,005 Statement of intent hearsay exception, Your Honor. 867 00:37:22,007 --> 00:37:23,506 Still conclusionary, Mr. Stone. 868 00:37:23,508 --> 00:37:26,476 Objection sustained. 869 00:37:26,478 --> 00:37:28,812 No further questions. 870 00:37:31,316 --> 00:37:34,351 Mr. Burnham, did you and the other boys stand around 871 00:37:34,353 --> 00:37:36,987 and say, "Let's get Andrea to the party and rape her"? 872 00:37:36,989 --> 00:37:38,255 No. We talked 873 00:37:38,257 --> 00:37:40,023 about having sex with her. 874 00:37:40,025 --> 00:37:41,591 Then you thought she'd be willing? 875 00:37:41,593 --> 00:37:42,959 Isn't that right? 876 00:37:42,961 --> 00:37:44,027 We thought, I mean, I thought... 877 00:37:44,029 --> 00:37:46,429 If you planned to have sex with her, 878 00:37:46,431 --> 00:37:48,331 either you assumed she'd be willing 879 00:37:48,333 --> 00:37:49,332 or she'd have to be raped. 880 00:37:49,334 --> 00:37:51,268 Which is it? 881 00:37:54,573 --> 00:37:56,539 We thought she wouldn't mind. 882 00:37:56,541 --> 00:37:58,541 Wouldn't mind having intercourse with your two friends? 883 00:37:58,543 --> 00:38:01,444 Why would you think that, Mr. Burnham? 884 00:38:03,015 --> 00:38:05,382 I guess because of her reputation. 885 00:38:05,384 --> 00:38:07,484 Objection. Miss Fermi is not on trial here. 886 00:38:07,486 --> 00:38:08,485 Sustained. 887 00:38:08,487 --> 00:38:10,453 Let me ask the witness directly. 888 00:38:10,455 --> 00:38:12,889 Did you believe she wouldn't mind 889 00:38:12,891 --> 00:38:14,924 because she told you she wouldn't? 890 00:38:14,926 --> 00:38:16,926 I misunderstood her. I... 891 00:38:16,928 --> 00:38:21,031 There was no misunderstanding in your pretrial statement. 892 00:38:21,033 --> 00:38:22,499 Are these your words? 893 00:38:22,501 --> 00:38:24,834 "I said, 'if you want to take on the whole house 894 00:38:24,836 --> 00:38:26,036 "I can arrange it.' 895 00:38:26,038 --> 00:38:27,837 She laughed and said, 'Go ahead.'" 896 00:38:27,839 --> 00:38:30,373 I said later, I knew she didn't mean that. 897 00:38:30,375 --> 00:38:33,009 This was after entering into a plea bargain agreement 898 00:38:33,011 --> 00:38:35,445 with the district attorney's office? 899 00:38:37,349 --> 00:38:40,016 I was sorry for what happened-- 900 00:38:40,018 --> 00:38:43,586 for having lied, for having hurt Andrea. 901 00:38:43,588 --> 00:38:45,522 I loved her. 902 00:38:45,524 --> 00:38:47,457 Just one more question. 903 00:38:47,459 --> 00:38:50,493 If you thought she was being raped, 904 00:38:50,495 --> 00:38:53,363 why didn't you try to stop it? 905 00:38:57,035 --> 00:38:58,368 I don't know. 906 00:38:58,370 --> 00:39:00,904 Ted and Joel were my friends. 907 00:39:06,978 --> 00:39:09,045 I don't know. 908 00:39:11,983 --> 00:39:14,117 No more questions, Your Honor. 909 00:39:14,119 --> 00:39:15,985 Redirect, Your Honor? 910 00:39:15,987 --> 00:39:17,654 JUDGE: Briefly, Mr. Stone. 911 00:39:17,656 --> 00:39:21,491 Mr. Burnham, the night of the party, did Andrea 912 00:39:21,493 --> 00:39:24,127 do or say anything to you 913 00:39:24,129 --> 00:39:26,062 to indicate that she wanted to have sex 914 00:39:26,064 --> 00:39:27,364 with the defendants? 915 00:39:27,366 --> 00:39:29,532 No. 916 00:39:29,534 --> 00:39:31,034 Never. 917 00:39:32,971 --> 00:39:34,504 Thank you. 918 00:39:35,474 --> 00:39:40,009 I had been drinking for maybe an hour. 919 00:39:40,011 --> 00:39:43,480 Do you recall entering the defendant's room? 920 00:39:43,482 --> 00:39:45,014 It's all hazy. 921 00:39:45,016 --> 00:39:48,151 I remember sitting next to Ted 922 00:39:48,153 --> 00:39:51,087 on the couch, 923 00:39:51,088 --> 00:39:54,022 and he held a bottle of Scotch up to my mouth. 924 00:39:54,025 --> 00:39:55,158 Do you remember 925 00:39:55,160 --> 00:39:57,494 being forced to have intercourse? 926 00:39:57,496 --> 00:39:59,162 Just in flashes. 927 00:39:59,164 --> 00:40:01,030 I'd blacked out. 928 00:40:01,032 --> 00:40:07,036 I remember trying to leave the room once, 929 00:40:07,038 --> 00:40:09,606 and somebody pulled me back in. 930 00:40:11,643 --> 00:40:14,043 And the room was dark, 931 00:40:14,045 --> 00:40:18,648 and I was on the floor, 932 00:40:18,650 --> 00:40:20,984 and it was happening. 933 00:40:20,986 --> 00:40:23,486 What was happening, Miss Fermi? 934 00:40:27,659 --> 00:40:30,727 Somebody on top of me... 935 00:40:34,099 --> 00:40:37,434 ...inside me. 936 00:40:37,436 --> 00:40:41,137 And then, somebody else. 937 00:40:42,574 --> 00:40:45,008 And I tried to push them off. 938 00:40:45,010 --> 00:40:48,144 I said, "Please, no," 939 00:40:48,146 --> 00:40:52,482 but they wouldn't stop. 940 00:40:52,484 --> 00:40:57,554 And something fell over my face, and I couldn't breathe. 941 00:40:57,556 --> 00:41:00,623 And I passed out. 942 00:41:00,625 --> 00:41:02,525 Thank you. 943 00:41:02,527 --> 00:41:04,661 No further questions. 944 00:41:04,663 --> 00:41:08,164 Miss Fermi, we've heard testimony that you consumed 945 00:41:08,166 --> 00:41:09,833 seven to ten ounces of alcohol. 946 00:41:09,835 --> 00:41:12,202 Have you ever had that much before in an evening? 947 00:41:12,204 --> 00:41:13,570 Yes. 948 00:41:13,572 --> 00:41:15,538 Can you normally walk and talk clearly 949 00:41:15,540 --> 00:41:17,574 when you've consumed that much liquor? 950 00:41:17,576 --> 00:41:19,476 I passed out that night. 951 00:41:19,478 --> 00:41:20,710 So between the time 952 00:41:20,712 --> 00:41:23,813 that you had a normal moment with the defendants 953 00:41:23,815 --> 00:41:26,249 and the time you regained consciousness, 954 00:41:26,251 --> 00:41:28,751 you can't really say what happened, can you? 955 00:41:28,753 --> 00:41:31,187 I've already said what I can remember. 956 00:41:31,189 --> 00:41:33,857 Isn't it possible you indicated a desire to have sex 957 00:41:33,859 --> 00:41:35,258 with the defendants? 958 00:41:35,260 --> 00:41:37,527 I hardly knew them, 959 00:41:37,529 --> 00:41:41,064 and what I knew of them, I did not like. 960 00:41:41,066 --> 00:41:42,131 Can you swear 961 00:41:42,133 --> 00:41:44,067 that in the interim between 962 00:41:44,069 --> 00:41:46,202 their perfectly acceptable behavior of the defendants 963 00:41:46,204 --> 00:41:49,205 and the time you claim to have been assaulted, 964 00:41:49,207 --> 00:41:52,275 you gave no indication that you would have sex with them? 965 00:41:52,277 --> 00:41:54,143 I told you, I didn't know... 966 00:41:54,145 --> 00:41:55,278 Yes or no, Miss Fermi. 967 00:41:55,280 --> 00:41:57,547 Can you swear to it? 968 00:41:58,817 --> 00:42:02,051 I cannot believe that I would have done that. 969 00:42:02,053 --> 00:42:03,520 Isn't it possible 970 00:42:03,522 --> 00:42:05,755 you might have forgotten you consented, 971 00:42:05,757 --> 00:42:09,559 and in a moment of panic, thought you were being raped? 972 00:42:09,561 --> 00:42:12,595 If you think 973 00:42:12,597 --> 00:42:16,533 that a woman doesn't know when she's being raped, 974 00:42:16,535 --> 00:42:20,570 I hope you never find out how wrong you are. 975 00:42:26,244 --> 00:42:27,644 She was well-prepped. 976 00:42:27,646 --> 00:42:29,245 At least you're still in the ring. 977 00:42:29,247 --> 00:42:32,549 She was good; she could have been turned against herself. 978 00:42:32,551 --> 00:42:34,367 She's about to be. 979 00:42:34,368 --> 00:42:36,184 Andrea slept with someone else the night before the party-- 980 00:42:36,187 --> 00:42:38,187 an old boyfriend. 981 00:42:38,189 --> 00:42:40,657 They call him tomorrow. 982 00:42:40,659 --> 00:42:42,325 Son of a bitch. 983 00:42:42,327 --> 00:42:45,094 Our engaged victim. 984 00:42:45,096 --> 00:42:47,330 That's the trump card. 985 00:42:47,332 --> 00:42:49,232 Call her, I want to see her. 986 00:42:49,234 --> 00:42:51,301 I want to see her now. 987 00:42:54,105 --> 00:42:56,105 How could they have found out about that? 988 00:42:56,107 --> 00:42:57,807 They have investigators, too. 989 00:42:57,809 --> 00:43:01,578 You realize you've put this entire case in jeopardy? 990 00:43:01,580 --> 00:43:02,845 If you had told us, 991 00:43:02,847 --> 00:43:04,280 we may have been able to work around it. 992 00:43:04,282 --> 00:43:05,315 FERMI: He was lonely. 993 00:43:05,317 --> 00:43:07,817 He wanted me back. 994 00:43:07,819 --> 00:43:10,620 He told me how beautiful I was. 995 00:43:16,361 --> 00:43:17,860 I let him kiss me. 996 00:43:17,862 --> 00:43:21,130 It just happened. 997 00:43:21,132 --> 00:43:22,365 You always said 998 00:43:22,367 --> 00:43:24,834 that prior sexual experience wasn't relevant. 999 00:43:24,836 --> 00:43:27,370 It was the night before, for God's sake. 1000 00:43:27,372 --> 00:43:29,839 In the jury's mind, it bears directly 1001 00:43:29,841 --> 00:43:31,975 on your attitude toward casual sex. 1002 00:43:31,977 --> 00:43:35,211 You testified that you thought you were engaged. 1003 00:43:35,213 --> 00:43:38,314 But it doesn't change the fact that I was raped. 1004 00:43:40,285 --> 00:43:42,852 Or do you think it does? 1005 00:43:46,791 --> 00:43:49,258 What I don't understand 1006 00:43:49,260 --> 00:43:52,328 is why were only two types of semen present? 1007 00:43:52,330 --> 00:43:54,397 It's viable for 24 hours. 1008 00:43:54,399 --> 00:43:58,401 Because Jimmy and I used a condom. 1009 00:43:58,403 --> 00:43:59,936 I always do. 1010 00:44:01,806 --> 00:44:03,806 No exceptions? 1011 00:44:03,808 --> 00:44:06,242 Never. 1012 00:44:08,913 --> 00:44:11,314 MAN: Mr. Hollis, you knew about this case. 1013 00:44:11,316 --> 00:44:14,684 Why didn't you contact either the defense or the prosecution? 1014 00:44:14,686 --> 00:44:17,253 Why would I? It had nothing to do with the rape. 1015 00:44:17,255 --> 00:44:18,888 Alleged rape. 1016 00:44:19,891 --> 00:44:21,758 Right. 1017 00:44:21,760 --> 00:44:24,427 Then I talked to the man in your office, 1018 00:44:24,429 --> 00:44:27,930 and I guess I realized I didn't have any choice. 1019 00:44:27,932 --> 00:44:29,432 Thank you. 1020 00:44:29,434 --> 00:44:31,401 No more questions. 1021 00:44:31,403 --> 00:44:33,436 Mr. Hollis, you testified 1022 00:44:33,438 --> 00:44:36,873 that this was an impulsive act on both your parts? 1023 00:44:36,875 --> 00:44:38,875 It happened pretty quick, yes. 1024 00:44:38,877 --> 00:44:40,410 Was any precaution taken 1025 00:44:40,412 --> 00:44:43,312 against disease transmission or pregnancy? 1026 00:44:43,314 --> 00:44:45,415 We used a condom. 1027 00:44:45,417 --> 00:44:47,450 So despite the passion of the moment, 1028 00:44:47,452 --> 00:44:48,918 you still took the time? 1029 00:44:48,920 --> 00:44:51,254 She insisted. She always did. 1030 00:44:51,256 --> 00:44:52,455 Always? 1031 00:44:52,457 --> 00:44:55,458 Yeah. Always. 1032 00:44:55,460 --> 00:44:56,793 Thank you. 1033 00:44:56,795 --> 00:44:59,028 Your Honor, People would like 1034 00:44:59,030 --> 00:45:01,330 to recall a previous witness. 1035 00:45:01,332 --> 00:45:04,000 Andrea always demanded that we use them. 1036 00:45:04,002 --> 00:45:06,653 She was fanatical about it. 1037 00:45:06,654 --> 00:45:09,305 So if she were voluntarily having sex with someone, 1038 00:45:09,307 --> 00:45:11,441 it would not be unprotected? 1039 00:45:11,443 --> 00:45:14,010 Objection. Calls for a conclusion. 1040 00:45:14,012 --> 00:45:16,012 Then, I'll rephrase the question. 1041 00:45:16,014 --> 00:45:18,881 Mr. Burnham, in your relationship with Miss Fermi, 1042 00:45:18,883 --> 00:45:21,451 who purchased the prophylactics? 1043 00:45:21,453 --> 00:45:23,403 I usually had them. 1044 00:45:23,404 --> 00:45:25,354 If I didn't, she always kept one in her purse. 1045 00:45:25,356 --> 00:45:27,390 Thank you. No further questions. 1046 00:45:33,398 --> 00:45:36,332 Concerning the defendant Joel Holder on charge of rape, 1047 00:45:36,334 --> 00:45:39,268 in the first degree, how does the jury find? 1048 00:45:39,270 --> 00:45:41,938 We find the defendant not guilty. 1049 00:45:41,940 --> 00:45:43,740 ( observers murmuring ) 1050 00:45:43,742 --> 00:45:46,375 Concerning the defendant Theodore Campion 1051 00:45:46,377 --> 00:45:48,111 on charge of rape in the first degree 1052 00:45:48,113 --> 00:45:49,345 how does the jury find? 1053 00:45:49,347 --> 00:45:52,381 We find the defendant not guilty. 1054 00:45:52,383 --> 00:45:54,450 Yes. 1055 00:46:07,966 --> 00:46:11,033 ( reporters clamoring ) 1056 00:46:15,373 --> 00:46:17,073 Miss Fermi! 1057 00:46:17,075 --> 00:46:18,541 Just one question. 1058 00:46:18,543 --> 00:46:20,009 Just tell me... 1059 00:46:20,011 --> 00:46:21,878 will you... 1060 00:46:23,481 --> 00:46:26,549 Miss Fermi, don't do this to yourself. 1061 00:46:26,551 --> 00:46:27,950 You did nothing wrong. 1062 00:46:27,952 --> 00:46:29,786 They knew what they did to me. 1063 00:46:29,788 --> 00:46:31,053 They knew I didn't want them to, 1064 00:46:31,055 --> 00:46:32,922 and that jury just told me that I'm guilty. 1065 00:46:32,924 --> 00:46:34,657 And they were wrong. 1066 00:46:34,658 --> 00:46:36,391 I went through all of this for nothing. 1067 00:46:36,394 --> 00:46:38,461 It may seem like that this second, 1068 00:46:38,463 --> 00:46:40,463 but this verdict will outrage people. 1069 00:46:40,465 --> 00:46:41,798 The next time... Great, thank you. 1070 00:46:41,800 --> 00:46:43,366 Thank you for the pep talk. 1071 00:46:43,368 --> 00:46:46,803 It's nice to know I performed a public service. 1072 00:46:46,805 --> 00:46:48,104 Miss Fermi. 1073 00:46:48,106 --> 00:46:49,572 Miss Fermi. 1074 00:46:49,574 --> 00:46:52,008 The jury made a mistake, the system let you down. 1075 00:46:52,010 --> 00:46:53,009 I'm sorry. 1076 00:46:53,011 --> 00:46:56,479 So am I, Mr. Stone. 1077 00:46:56,481 --> 00:46:59,816 Captioning sponsored by NBC/UNIVERSAL 1078 00:46:59,818 --> 00:47:04,821 Captioned by Media Access Group at WGBH access.wgbh.org