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In the criminal justice system
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the people are represented
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by two separate
yet equally important groups:
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The police,
who investigate crime
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and the district attorneys,
who prosecute the offenders.
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These are their stories.
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See you later, Louie.
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Yeah.
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Catch you
tomorrow.
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You don't even give a damn,
do you?
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Do you?
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What do you want me to do
about it, huh Maggie?
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Like I got a lot of control
over your life.
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I'm not going back there.
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Where you going
to go, huh?
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Oh...
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thanks for the invitation.
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You just can't start flopping
all over the place.
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That's not
what I'm talking about.
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All right, look, let's get out
of here
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and we'll figure something out,
all right?
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Oh... so you can just dump me
on the street?
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Maggie...
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you just...
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Or maybe I'll just go away
and die, huh?
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Maggie!
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How about I do
everybody else a favor
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and blow it off right here!
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Or maybe I'll just
do everybody else!
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Maggie...
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Give me the gun.
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Why?
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Fine.
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Do whatever the hell you want.
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Now, don't you go!
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MAN:
Look out!
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Why did your girlfriend
try to kill you, Danny?
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She wasn't trying
to kill me, man.
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The gun just went off.
It was an accident.
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You were
arguing.
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Nine people saw
her shoot at you.
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She was drunk, man.
She didn't...
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Hey, her eyeballs are going
through the ceiling.
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That ain't drunk.
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Danny...
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unlicensed gun.
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Criminal possession three
or four.
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Felony or misdemeanor.
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Maybe she took
a little meth.
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What's
a little?
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I don't know.
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Five or six hits.
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Your treat?
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I don't know where
she could have got it.
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This better
be the truth.
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Boyfriend said
she did six hits of meth.
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Only I.D. we found.
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LOGAN:
Corson, Maggie.
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Issued at Haven House.
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Catholic drug rehab center.
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Maggie?
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Maggie?
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I've got nowhere to go.
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Captioning sponsored by
NBC/UNIVERSAL
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Look, this is ridiculous.
She's 16. She was stoned.
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If you want to arrest somebody,
arrest the creep she was with.
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That's already been done.
Now listen, as for Maggie
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accident or not,
she still has to be arraigned.
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And after that I can I take her
back to Haven House?
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That's up to
the judge.
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Oh, look, it was a relapse.
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It happens.
I mean, she is an addict.
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She's making
a difficult transition.
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No one is doubting you.
You're just telling
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the wrong people.
She's got to be arraigned.
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Great.
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Are you really a...?
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A nun?
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Yes, Detective, I am.
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So, I guess I would
call you "sister."
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Call me
whatever you want.
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Sister?
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Has somebody called
Maggie's parents?
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She ran away from home
three years ago.
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I doubt she's homesick.
Anyway, she's been
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in our custody for a year.
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She's our
responsibility.
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I thought nuns had curfews.
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That went out
with the penguin suit.
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Maggie, when you're arraigned
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you'll either be placed
in a juvenile ward
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or back at Haven House.
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Chances are, you'll get
a compassionate judge
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and you can go back
to the house.
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Maggie?
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Get her out of here!
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I don't want
her near me.
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Maggie...
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Please get her out!
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Let's go have a talk.
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Maggie,
what's the problem?
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It doesn't have to leave
this room.
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Maggie?
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Last night we were
in the shower.
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You and who?
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Sister Bettina.
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All right,
why were you in the shower?
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I was sick.
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She said I'd feel better
if I had a hot shower.
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Mm-hmm. Okay.
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And what happened then?
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She, uh...
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she had her hands on me.
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She put her hands
all over me.
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Okay, okay.
All right.
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CERRETA:
but she gave meeasy,
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the whole play-by-play--
the what, where how--
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everything Sister Bettina
did to her.
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You ask the nun about it?
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We didn't give her the
specifics, but as far as Maggie
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being flipped out, she says
she doesn't know why.
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You think this girl
was credible?
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She seemed really frightened
about going back.
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Hey, man, she's a meth head.
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You know, this could be a
fabrication.
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Could be she wanted
to be kicked out.
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But if she wants out,
there are better
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ways to go than a molest charge.
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She's young, she's speeding.
Who says she needs easy choices?
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Meaning?
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Come on, this is the first time
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we seen a false accusation
on a molest and a rape charge?
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But there's also
the other side, Mike.
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Where is the girl now?
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Manhattan Psychiatric.
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The D.A. dropped her down to
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criminal possession four
and a gun charge.
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Has she talked to anyone else
about the molest?
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Only her roommate.
We have a call in
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to the executive director of
Haven House.
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Let's see if we can't dodge
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the inevitable uproar
on this one, okay?
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MAN:
the first I heard about this.
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Maggie's roommate,
Maria Barragan,
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brought it to my attention.
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I sent for Maggie,
but she had already disappeared.
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Did you have a chance to speak
to Sister Bettina?
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This morning, after she got
back from the hospital.
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She's pretty stunned.
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What's your take on this?
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I wish I had one.
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Maggie Corson can be quite...
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Lacking
in the credibility department?
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Look, all of these kids
have been on the street.
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Survival became a lot
more important than honesty
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some time ago for most of them.
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So your first instinct on this
would be that Maggie's lying.
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If Maria hadn't seen them,
I would have to say
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it sounds incredible, given
Sister Bettina's reputation.
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Wait a minute.
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Maria is the roommate.
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She saw Sister Bettina
and Maggie together?
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She said she saw them
in the shower.
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I guess it was around 1:00.
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Maggie puked
all over herself.
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Sister B. showed up
and took her to the can.
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Mm-hmm.
Did you follow them?
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No, I just waited
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but, like, Maggie
wasn't coming back.
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I got worried,
so I went looking.
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I heard the water running
in the shower
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and I saw Sister B.
touching and kissing Maggie.
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Now, where, uh...?
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Where, exactly,
did she kiss her?
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On her face
and on her shoulder.
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Was Maggie dressed
or undressed?
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Undressed.
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And Sister Bettina?
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She had on
this blue bathrobe.
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Did you see
anything else?
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No. I went back
to my room
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and pretended
I was asleep
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and Maggie came back
by herself.
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She was crying.
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She said Sister B.
messed with her.
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What exactly did she say?
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She said Sister B.
put her fingers... you know.
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She was wigged out.
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She didn't want me
to tell anybody.
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But you told Mr. Powell.
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Sister B. is a freak.
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She shouldn't be
pulling that crap.
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00:10:14,815 --> 00:10:16,615
All right, Maria,
let's get specific.
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You said you got worried
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00:10:17,884 --> 00:10:20,785
when Sister Bettina took Maggie
to the bathroom.
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00:10:20,787 --> 00:10:21,853
Why was that?
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00:10:23,824 --> 00:10:26,324
She'd come on to me before.
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She put her hand
on my leg, you know,
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00:10:29,329 --> 00:10:31,096
and she said she loved me.
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00:10:31,098 --> 00:10:33,698
She was always saying
she loves me.
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00:10:35,869 --> 00:10:38,870
That's what I mean--
she's a freak.
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00:10:45,679 --> 00:10:47,946
Obviously, Maria's mixed up.
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00:10:47,948 --> 00:10:51,383
She says she's pretty sure
of what she saw.
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00:10:51,385 --> 00:10:54,019
Maria practically grew up
on Times Square.
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00:10:54,021 --> 00:10:57,856
I mean there, somebody touches
you, it only means one thing.
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00:10:57,858 --> 00:11:00,659
She's been with us
for only three months.
207
00:11:00,661 --> 00:11:03,895
She hasn't had time
to rearrange her thinking.
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00:11:03,897 --> 00:11:07,866
This "hugs, not drugs"--
do you take that literally?
209
00:11:07,868 --> 00:11:10,402
I mean, do you have
any physical interaction
210
00:11:10,404 --> 00:11:11,770
with these girls?
211
00:11:11,772 --> 00:11:13,772
It's just a figure of speech.
212
00:11:13,774 --> 00:11:17,742
And you'd be surprised how far
the proper amount of affection
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00:11:17,744 --> 00:11:19,411
will go with these kids.
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00:11:19,413 --> 00:11:21,446
Maria nay have
her signals crossed,
215
00:11:21,448 --> 00:11:23,948
but that still leaves Maggie.
216
00:11:23,950 --> 00:11:26,117
That one I can't figure out.
217
00:11:26,119 --> 00:11:28,987
I always got along well
with Maggie.
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00:11:28,989 --> 00:11:30,989
I don't know what happened.
219
00:11:30,991 --> 00:11:33,892
Maybe she's working
something out.
220
00:11:33,894 --> 00:11:36,094
Maybe she thinks I let her down.
221
00:11:36,096 --> 00:11:39,464
But you don't deny being in the
shower with her that night?
222
00:11:39,466 --> 00:11:40,799
She had stomach flu
223
00:11:40,801 --> 00:11:43,068
and she'd thrown up
all over herself.
224
00:11:43,070 --> 00:11:44,903
I helped her wash up.
225
00:11:44,905 --> 00:11:47,172
With a shower
at 1:00 in the morning?
226
00:11:47,174 --> 00:11:51,476
A sponge bath
would be less suspicious?
227
00:11:51,478 --> 00:11:53,912
LOGAN:
I may be wrong. I just
don't think she did it.
228
00:11:53,914 --> 00:11:56,881
You think clergy
can't trip over
their vows?
229
00:11:56,883 --> 00:11:59,150
It happens. I read the same
news reports you do.
230
00:11:59,152 --> 00:12:02,087
I just don't think
this is one of those cases.
231
00:12:02,089 --> 00:12:05,824
You got to admit, Phil,
it's not the usual profile.
232
00:12:05,826 --> 00:12:07,959
Just because it's
female on female
and it's rare
233
00:12:07,961 --> 00:12:09,961
doesn't mean
it doesn't happen.
234
00:12:09,963 --> 00:12:13,098
Yeah, I know--
anybody's capable of anything.
235
00:12:13,100 --> 00:12:14,833
That's rule number one.
236
00:12:14,835 --> 00:12:16,234
Look, I'm just saying this:
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00:12:16,236 --> 00:12:18,970
If I was to take
odds on this...
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00:12:18,972 --> 00:12:21,106
An ex-altar boy
wagering?
239
00:12:21,108 --> 00:12:22,407
I confess.
240
00:12:22,409 --> 00:12:25,510
We used to lift the wine
once in a while.
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00:12:25,512 --> 00:12:29,914
Not us--
wafers, unblessed.
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00:12:33,120 --> 00:12:36,855
OLIVET:
Have you ever been afraid
243
00:12:36,857 --> 00:12:38,123
of Sister Bettina?
244
00:12:38,125 --> 00:12:39,257
Afraid? No.
245
00:12:39,259 --> 00:12:42,127
Before the night
in the shower
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00:12:42,129 --> 00:12:45,830
did you ever feel she
was interested in you
in a sexual way?
247
00:12:45,832 --> 00:12:47,532
No.
248
00:12:47,534 --> 00:12:51,102
I thought she was
just being nice to me.
249
00:12:51,104 --> 00:12:52,170
But...?
250
00:12:52,172 --> 00:12:54,906
I guess I didn't
pick up on it.
251
00:12:54,908 --> 00:12:57,108
I thought
she was different.
252
00:12:57,110 --> 00:12:58,877
Different than...?
253
00:12:58,879 --> 00:13:01,146
Everybody.
254
00:13:01,148 --> 00:13:03,848
Everybody who uses you.
255
00:13:07,921 --> 00:13:10,455
The night that Sister Bettina
touched you
256
00:13:10,457 --> 00:13:12,791
you were very sick,
weren't you?
257
00:13:12,793 --> 00:13:13,892
You had the flu?
258
00:13:13,894 --> 00:13:15,160
Mm-hmm.
259
00:13:15,162 --> 00:13:17,896
Did you have any bad dreams?
260
00:13:17,898 --> 00:13:20,015
Are you saying
261
00:13:20,016 --> 00:13:22,133
maybe I hallucinated
the whole thing?
262
00:13:22,135 --> 00:13:24,135
I know what she did to me.
263
00:13:24,137 --> 00:13:26,137
I know how she made me feel.
264
00:13:26,139 --> 00:13:29,908
And how is that?
265
00:13:29,910 --> 00:13:32,577
When things happen
to you on the street
266
00:13:32,579 --> 00:13:34,429
you expect it, you know?
267
00:13:34,430 --> 00:13:36,280
But if it happens to you
at Haven House...
268
00:13:36,283 --> 00:13:38,983
I was supposed
to be safe there.
269
00:13:41,154 --> 00:13:44,088
I really trusted her, you know?
270
00:13:46,026 --> 00:13:48,593
I know she did it.
271
00:13:48,595 --> 00:13:50,862
I know how it feels.
272
00:13:50,864 --> 00:13:54,032
Why? Has it happened
to you before?
273
00:14:04,144 --> 00:14:06,911
For three and a half years.
274
00:14:06,913 --> 00:14:10,615
Sometimes
twice a week.
275
00:14:12,886 --> 00:14:15,220
I was eight when it started.
276
00:14:21,194 --> 00:14:24,596
My mother never believed me.
277
00:14:24,598 --> 00:14:29,033
"No husband of mine
would ever do that," she said.
278
00:14:29,035 --> 00:14:31,002
"He loves you.
279
00:14:32,906 --> 00:14:35,240
He's your stepfather."
280
00:14:41,948 --> 00:14:44,015
OLIVET:
It's not about sex.
281
00:14:44,017 --> 00:14:45,984
It's about trust and betrayal.
282
00:14:45,986 --> 00:14:48,386
She was betrayed by her
stepfather, and then she was
283
00:14:48,388 --> 00:14:51,389
betrayed one step further by a
mother who refused to hear her.
284
00:14:51,391 --> 00:14:54,926
So Sister Bettina is what--
a kind of surrogate mother?
285
00:14:54,928 --> 00:14:57,328
Maggie was trying to rebuild.
Sister Bettina had become
286
00:14:57,330 --> 00:14:59,264
a figure
she was starting to trust.
287
00:14:59,266 --> 00:15:01,399
This thing blew apart
her whole world.
288
00:15:01,401 --> 00:15:04,402
You don't think her story
could have been rehearsed?
289
00:15:04,404 --> 00:15:07,005
I think this girl
was blindsided
290
00:15:07,007 --> 00:15:10,141
by someone she never even
perceived as a threat,
291
00:15:10,143 --> 00:15:12,677
either emotionally
or genderwise.
292
00:15:12,679 --> 00:15:15,013
There's a lot
of pain there.
293
00:15:15,015 --> 00:15:17,015
I don't think
it's an act.
294
00:15:17,017 --> 00:15:17,982
Great.
295
00:15:17,984 --> 00:15:20,418
So we move on a nun.
296
00:15:20,420 --> 00:15:22,353
I'll get a warrant.
297
00:15:27,227 --> 00:15:28,493
Does Sister Bettina
298
00:15:28,495 --> 00:15:32,130
have anything else in storage
in the building?
299
00:15:32,132 --> 00:15:34,365
Aside from
her office, no.
300
00:15:34,367 --> 00:15:36,267
I keep thinking
301
00:15:36,269 --> 00:15:39,270
I'll get struck by lightning
doing this.
302
00:15:39,272 --> 00:15:42,206
SISTER:
She should be
allowed to be here.
303
00:15:42,208 --> 00:15:44,309
I don't know why
she's being treated
like a criminal.
304
00:15:44,311 --> 00:15:46,711
I'm sure she understands these
men are just doing their job.
305
00:15:46,713 --> 00:15:48,179
Sister Bettina
306
00:15:48,181 --> 00:15:51,182
has always been
above reproach.
307
00:15:51,184 --> 00:15:54,452
What exactly are you guys
looking for?
308
00:15:54,454 --> 00:15:57,322
A lot of people
in molestation cases
309
00:15:57,324 --> 00:16:00,325
they keep diaries,
might have photographs
310
00:16:00,327 --> 00:16:01,292
you never know.
311
00:16:01,294 --> 00:16:02,527
Sometimes they save something
312
00:16:02,529 --> 00:16:05,129
from the encounter
as a sort of a souvenir.
313
00:16:11,271 --> 00:16:12,270
Phil.
314
00:16:17,510 --> 00:16:19,210
"M. Corson."
315
00:16:21,247 --> 00:16:22,447
Vomit?
316
00:16:22,449 --> 00:16:24,682
CERRETA:
She said she was
sick that night.
317
00:16:27,721 --> 00:16:29,520
Matching set.
318
00:16:31,224 --> 00:16:33,491
We showed Maggie these garments.
She identified them
319
00:16:33,493 --> 00:16:37,195
as the ones she was wearing
last Monday night.
320
00:16:37,197 --> 00:16:40,298
Sister Bettina may have kept
them as an encounter trophy.
321
00:16:40,300 --> 00:16:43,234
Or she simply intended
to get them washed.
322
00:16:43,236 --> 00:16:45,503
There's a laundry hamper
in the shower room.
323
00:16:45,505 --> 00:16:47,638
She could just as well
have left them there.
324
00:16:47,640 --> 00:16:50,241
Whatever you want to read into
it, it's subjective evidence.
325
00:16:50,243 --> 00:16:53,311
It's still a nun's word against
the say-so of two street kids.
326
00:16:53,313 --> 00:16:56,214
What, too bad they're not
seniors at Riverdale?
327
00:16:57,450 --> 00:17:00,518
Well, what about
this Sister Bettina?
328
00:17:00,520 --> 00:17:02,220
Anything there?
329
00:17:02,222 --> 00:17:05,323
She grew up in... Hollis.
330
00:17:05,325 --> 00:17:07,725
Joined a convent at age 20.
331
00:17:07,727 --> 00:17:11,262
She's been at Haven House
for eight years.
332
00:17:11,264 --> 00:17:13,798
Eight years
supervising teenage girls?
333
00:17:13,800 --> 00:17:16,434
If she does have a predilection
334
00:17:16,436 --> 00:17:18,736
this might not be
her first time.
335
00:17:20,273 --> 00:17:22,273
POWELL:
I never heard a complaint
about her.
336
00:17:22,275 --> 00:17:23,741
Never heard a rumor, either.
337
00:17:23,743 --> 00:17:26,244
You worked with her
for how long?
338
00:17:26,246 --> 00:17:27,762
I've been here six
years.
339
00:17:27,763 --> 00:17:29,279
Anybody ever complain
to the archdiocese?
340
00:17:29,282 --> 00:17:30,281
Had that happened
341
00:17:30,283 --> 00:17:32,216
I would have heard
about it.
342
00:17:32,218 --> 00:17:34,318
You're not the clergy.
343
00:17:34,320 --> 00:17:36,287
No, but 70% of our funds
come from the church.
344
00:17:36,289 --> 00:17:38,423
Wait a minute.
That should give them
345
00:17:38,425 --> 00:17:40,291
more incentive
to bury a thing like this.
346
00:17:40,293 --> 00:17:41,793
Not for Bettina.
347
00:17:41,795 --> 00:17:43,294
Why not?
348
00:17:43,296 --> 00:17:44,796
Sister Bettina aligns herself
349
00:17:44,798 --> 00:17:47,799
with what the church calls
non-traditional nuns--
350
00:17:47,801 --> 00:17:50,268
outfits like the women's
ordination movement
351
00:17:50,270 --> 00:17:52,537
women as priests, birth control.
352
00:17:52,539 --> 00:17:56,374
If the church had a reason
to get rid of her
353
00:17:56,376 --> 00:17:57,575
I'm sure they would have.
354
00:17:57,577 --> 00:17:59,577
How about on the outside?
355
00:17:59,579 --> 00:18:02,246
You know anything
about her private life?
356
00:18:03,750 --> 00:18:06,384
No, I have no idea.
357
00:18:06,386 --> 00:18:09,253
You ever meet
any of her friends?
358
00:18:09,255 --> 00:18:12,390
Well, at fund-raisers.
359
00:18:12,392 --> 00:18:14,392
There was a woman--
360
00:18:14,394 --> 00:18:17,395
um... Anne Houston.
361
00:18:17,397 --> 00:18:19,730
She worked at the Queens
Family Shelter.
362
00:18:19,732 --> 00:18:23,401
I think they still talk,
like, every other day.
363
00:18:23,403 --> 00:18:26,504
You ever read
Catcher in the Rye?
364
00:18:26,506 --> 00:18:28,773
Save the children--
that's Tina.
365
00:18:28,775 --> 00:18:31,409
Have you ever
heard any gossip
366
00:18:31,411 --> 00:18:32,777
or complaints about her?
367
00:18:32,779 --> 00:18:35,279
You mean, why would
a normal woman
368
00:18:35,281 --> 00:18:37,482
choose to live
in a community of nuns?
369
00:18:37,484 --> 00:18:39,450
We've talked about her vows,
370
00:18:39,452 --> 00:18:41,285
we've talked about sex.
371
00:18:41,287 --> 00:18:45,456
Tina always said she redirects
her energy into her work.
372
00:18:45,458 --> 00:18:47,458
Did she get along
with the kids?
373
00:18:47,460 --> 00:18:50,728
Did you ever see
any misunderstandings?
374
00:18:50,730 --> 00:18:52,430
Maybe an incident
of some kind?
375
00:18:52,432 --> 00:18:53,865
Look, she ran day care
for three years.
376
00:18:53,867 --> 00:18:55,333
Everybody loved her.
377
00:18:55,335 --> 00:18:56,868
You want testimonials?
378
00:18:56,870 --> 00:18:59,337
There will be a line
around this block.
379
00:18:59,339 --> 00:19:01,873
Everybody knows
these charges are crap.
380
00:19:01,875 --> 00:19:04,092
Why did she leave?
381
00:19:04,093 --> 00:19:06,310
She was on loan from the
church, and they found out
382
00:19:06,312 --> 00:19:08,646
the shelter was providing
birth control counseling
383
00:19:08,648 --> 00:19:10,414
so they yanked her.
384
00:19:10,416 --> 00:19:13,584
Do you have any idea why this
girl would accuse her?
385
00:19:13,586 --> 00:19:15,853
What difference does it make?
386
00:19:15,855 --> 00:19:18,322
She's been accused, labeled.
387
00:19:18,324 --> 00:19:21,325
How is she going to shake that?
388
00:19:21,327 --> 00:19:22,527
Olivet's report
389
00:19:22,529 --> 00:19:24,662
the clothes,
the eyewitness--
390
00:19:24,664 --> 00:19:27,532
most of it seems
to support Maggie's story.
391
00:19:27,534 --> 00:19:29,500
Except for the fact
that Sister Bettina
392
00:19:29,502 --> 00:19:33,604
practically walks on water
according to all her friends.
393
00:19:35,542 --> 00:19:37,608
I'm waiting for ideas.
394
00:19:38,878 --> 00:19:42,413
We've got to get off the dime
one way or the other.
395
00:19:42,415 --> 00:19:43,548
The archdiocese
wants it dropped.
396
00:19:43,550 --> 00:19:45,516
They both seem to be telling
the truth.
397
00:19:46,753 --> 00:19:48,319
Fellas, there are
no tie breakers.
398
00:19:48,321 --> 00:19:50,354
If we're not sure she did it,
we kick her.
399
00:19:50,356 --> 00:19:52,690
ROBINETTE:
Sister Bettina offered
to take a polygraph.
400
00:19:52,692 --> 00:19:54,825
It's not admissible, but at
least we'll know
401
00:19:54,827 --> 00:19:56,694
if we're
on the right track.
402
00:19:58,364 --> 00:20:01,666
MAN:
Are you 34 years old?
403
00:20:01,668 --> 00:20:03,734
BETTINA:
Yes.
404
00:20:04,971 --> 00:20:07,572
Is your father's name Michael?
405
00:20:07,574 --> 00:20:09,440
Yes.
406
00:20:09,442 --> 00:20:11,976
Were you
in Maggie Corson's room
407
00:20:11,978 --> 00:20:13,978
the night of February 9?
408
00:20:13,980 --> 00:20:16,581
Yes.
409
00:20:16,583 --> 00:20:18,983
Did she have
a stomach flu?
410
00:20:18,985 --> 00:20:21,586
Yes.
411
00:20:21,588 --> 00:20:25,590
Did you sexually molest
Maggie Corson on that night?
412
00:20:25,592 --> 00:20:26,791
No.
413
00:20:26,793 --> 00:20:31,462
Did you kiss Maggie Corson
on that night?
414
00:20:31,464 --> 00:20:33,464
No.
415
00:20:33,466 --> 00:20:35,967
Did you tell the police
the truth
416
00:20:35,969 --> 00:20:39,470
about the events
on the night of February 9?
417
00:20:39,472 --> 00:20:40,504
Yes.
418
00:20:40,506 --> 00:20:43,841
Are you telling the truth now?
419
00:20:43,843 --> 00:20:45,576
Yes.
420
00:20:50,617 --> 00:20:53,651
She passed on direct questions
about the molestation
421
00:20:53,653 --> 00:20:57,388
but her answers on the details
registered as false--
422
00:20:57,390 --> 00:21:01,492
questions like whether or not
the girl had stomach flu.
423
00:21:01,494 --> 00:21:03,027
She could have been nervous.
424
00:21:03,029 --> 00:21:05,496
She also failed the question
425
00:21:05,498 --> 00:21:08,499
of whether or not
she was telling the truth.
426
00:21:08,501 --> 00:21:10,501
On the whole, the results
classify as deceptive.
427
00:21:10,503 --> 00:21:13,037
Or inconclusive,
depending on your mind-set.
428
00:21:13,039 --> 00:21:15,439
Either way,
she's hiding something.
429
00:21:15,441 --> 00:21:16,807
Reason enough to charge her.
430
00:21:16,809 --> 00:21:18,776
Polygraph tests are
inadmissible. You gonna sell
431
00:21:18,778 --> 00:21:21,012
this to the grand jury
and then not use it?
432
00:21:21,014 --> 00:21:24,415
We have a victim's complaint,
eyewitness, opportunity.
433
00:21:24,417 --> 00:21:27,051
I don't foresee a problem.
I would like to see
434
00:21:27,053 --> 00:21:29,053
that she has a chance to
surrender.
435
00:21:29,055 --> 00:21:30,554
We'll call her.
436
00:21:30,556 --> 00:21:32,523
I want her R.O.R.
437
00:21:32,525 --> 00:21:35,793
Are we sure we want to be
perceived as giving her
preferential treatment?
438
00:21:35,795 --> 00:21:39,797
To all intents and purposes,
Sister Bettina is indigent.
439
00:21:39,799 --> 00:21:42,733
You see her as a flight risk?
I don't.
440
00:21:52,779 --> 00:21:55,946
Um... this is my lawyer,
Francine Hughes.
441
00:21:55,948 --> 00:21:57,882
From the archdiocese?
442
00:21:57,884 --> 00:21:59,817
No, she's just
an old friend.
443
00:21:59,819 --> 00:22:01,652
May I see the warrant?
444
00:22:03,489 --> 00:22:07,658
My client declines
to answer any questions.
445
00:22:07,660 --> 00:22:09,493
Fine.
446
00:22:09,495 --> 00:22:12,029
It's a beautiful morning,
isn't it?
447
00:22:12,031 --> 00:22:14,632
Yeah.
448
00:22:22,041 --> 00:22:24,775
Francine explained the results
of the lie detector test.
449
00:22:24,777 --> 00:22:29,980
I'm sure she also told you
that polygraph results are
nonadmissible as evidence.
450
00:22:29,982 --> 00:22:33,084
Yes, and if it were up to me,
I wouldn't be here today,
451
00:22:33,086 --> 00:22:35,419
but Francine
insisted
452
00:22:35,421 --> 00:22:37,588
that I tell you what happened.
453
00:22:37,590 --> 00:22:40,891
That night, Monday,
Maggie didn't have the flu.
454
00:22:40,893 --> 00:22:43,244
She was drunk.
455
00:22:43,245 --> 00:22:45,596
When I found her, she
could hardly stand up.
She was covered in vomit.
456
00:22:45,598 --> 00:22:48,499
I helped her wash up,
and then put her to bed.
457
00:22:48,501 --> 00:22:50,901
Then I hid her clothes
in my room.
458
00:22:50,903 --> 00:22:54,572
I didn't want anyone to know
she'd been drinking.
459
00:22:54,574 --> 00:22:58,509
That's not the first time
she was drunk at the house.
460
00:22:58,511 --> 00:23:00,611
She'd been caught
twice before.
461
00:23:00,613 --> 00:23:04,815
She came to us by a special
dispensation of the court.
462
00:23:04,817 --> 00:23:07,551
A third report of drinking
and they'd pull her out.
463
00:23:07,553 --> 00:23:11,489
You'd protect her
even at the risk
of going to jail?
464
00:23:11,491 --> 00:23:13,424
If Maggie
were thrown out,
she'd be lost.
465
00:23:13,426 --> 00:23:15,826
Sooner or later, she'd end up
back on the streets.
466
00:23:15,828 --> 00:23:18,529
Do you have any idea what
her life expectancy would be?
467
00:23:18,531 --> 00:23:20,931
Do you know
how many street kids die
468
00:23:20,933 --> 00:23:22,533
from AIDS or drugs?
469
00:23:22,535 --> 00:23:24,569
How many are beaten,
raped?
470
00:23:24,570 --> 00:23:26,604
We can't take it on faith
that Maggie was drunk.
We need corroboration.
471
00:23:26,606 --> 00:23:30,007
My client is ready
to take another polygraph.
472
00:23:30,009 --> 00:23:32,877
We need more than that.
473
00:23:34,080 --> 00:23:35,413
She's lying.
474
00:23:35,415 --> 00:23:38,482
I can't believe
you're buying into it.
475
00:23:40,620 --> 00:23:43,687
We ran tests on the clothes
you threw up on.
476
00:23:43,689 --> 00:23:46,490
We know how much
you drank that night.
477
00:23:49,429 --> 00:23:51,162
Now listen to me.
478
00:23:52,098 --> 00:23:55,933
You lie in court,
that's perjury.
479
00:23:57,970 --> 00:23:59,703
So I was drunk.
480
00:23:59,705 --> 00:24:00,971
Big deal.
481
00:24:00,973 --> 00:24:02,673
She still messed with me.
482
00:24:02,675 --> 00:24:04,975
You had a lot
to drink, Maggie.
483
00:24:04,977 --> 00:24:07,445
How much do you
really remember?
484
00:24:07,447 --> 00:24:12,616
I know she took me
into the shower.
485
00:24:12,618 --> 00:24:14,718
I know that.
486
00:24:14,720 --> 00:24:18,088
What else are you sure of?
487
00:24:23,963 --> 00:24:26,697
I don't know.
488
00:24:26,699 --> 00:24:30,167
I... was in the shower...
489
00:24:35,675 --> 00:24:37,608
I can't remember.
490
00:24:37,610 --> 00:24:39,944
What do you mean
you can't remember?
491
00:24:43,983 --> 00:24:46,984
I guess I passed out.
492
00:24:46,986 --> 00:24:50,154
What you told the police--
did you make that up?
493
00:24:50,156 --> 00:24:52,256
It happened.
494
00:24:52,258 --> 00:24:55,693
Maria saw it
495
00:24:55,695 --> 00:24:57,261
and she told me.
496
00:24:57,263 --> 00:24:59,263
She told me everything.
497
00:24:59,265 --> 00:25:01,532
She saw it.
498
00:25:06,138 --> 00:25:08,205
Maybe it was the morning after
when she told me
499
00:25:08,207 --> 00:25:10,174
what Sister B. did to her.
But she blacked out.
500
00:25:10,176 --> 00:25:11,242
She doesn't remember
what happened.
501
00:25:11,244 --> 00:25:12,643
You told police
502
00:25:12,645 --> 00:25:14,745
that Maggie described
in graphic detail
503
00:25:14,747 --> 00:25:16,280
what Sister Bettina did.
504
00:25:16,282 --> 00:25:18,616
I saw them in the shower, okay?
505
00:25:18,618 --> 00:25:20,184
I saw what was going on.
506
00:25:20,186 --> 00:25:22,586
But you lied.
Maggie didn't tell you anything.
507
00:25:22,588 --> 00:25:25,055
And now ita's only your word
that anything happened at all.
508
00:25:25,057 --> 00:25:26,223
Isn't that right?
509
00:25:27,693 --> 00:25:30,995
Maria, are you happy
at Haven House?
510
00:25:30,997 --> 00:25:32,062
Do you want
511
00:25:32,064 --> 00:25:34,064
to go back on the street?
512
00:25:34,066 --> 00:25:38,002
Then I don't understand
why you would make up
a story like this.
513
00:25:38,004 --> 00:25:39,570
What do you mean?
514
00:25:39,572 --> 00:25:43,140
If they believe this story--
515
00:25:43,142 --> 00:25:46,777
if people think girls are
being molested at Haven House
516
00:25:46,779 --> 00:25:49,713
what do you think that does
to the reputation of the house?
517
00:25:49,715 --> 00:25:52,249
But it was only Sister B.
518
00:25:52,251 --> 00:25:54,618
In the public mind,
they're the same.
519
00:25:54,620 --> 00:25:55,719
They'll withdraw their support.
520
00:25:55,721 --> 00:25:58,022
Without funds,
Haven House closes,
521
00:25:58,024 --> 00:26:00,157
and where do you think
you'll be?
522
00:26:00,159 --> 00:26:02,693
That's not true.
You're just trying to scare me.
523
00:26:02,695 --> 00:26:05,663
Maria, did you see
524
00:26:05,665 --> 00:26:09,133
Sister Bettina
molest Maggie?
525
00:26:14,840 --> 00:26:18,075
I don't want to hurt
anybody else.
526
00:26:18,077 --> 00:26:20,210
I just wanted them
to get rid of her.
527
00:26:20,212 --> 00:26:22,780
Why? What did she do to you?
528
00:26:22,782 --> 00:26:26,083
She knew.
She asked me about it.
529
00:26:26,085 --> 00:26:28,085
He'd think I told.
530
00:26:28,087 --> 00:26:30,254
Told what?
531
00:26:33,159 --> 00:26:35,593
Mr. Powell.
532
00:26:35,595 --> 00:26:37,795
Me and him.
533
00:26:45,204 --> 00:26:47,771
Powell initiated
the relationship
534
00:26:47,773 --> 00:26:49,773
one month after Maria
arrived at Haven House.
535
00:26:49,775 --> 00:26:52,810
He put her in a position
where she would do his errands
536
00:26:52,812 --> 00:26:55,145
and get excused
from the scrub work.
537
00:26:55,147 --> 00:26:57,114
She still could have said no.
538
00:26:57,116 --> 00:26:59,783
He said he'd put her on the
street if she didn't go along.
539
00:26:59,785 --> 00:27:02,720
Sister Bettina uncovered this?
540
00:27:02,722 --> 00:27:05,055
She had no idea.
She asked her about the errands.
541
00:27:05,057 --> 00:27:07,124
She was concerned the other
girls might get envious.
542
00:27:07,126 --> 00:27:09,727
It was a perfectly innocent
question, but Maria thought
543
00:27:09,729 --> 00:27:13,631
the worst-- that her secret was
out and she'd be the one to go.
544
00:27:13,633 --> 00:27:15,866
So when she saw
Sister Bettina in the
shower with the girl
545
00:27:15,868 --> 00:27:17,701
she jumped at the chance to
discredit her.
546
00:27:17,703 --> 00:27:19,770
Any way to corroborate
her story?
547
00:27:19,772 --> 00:27:21,805
I talked to Powell's secretary.
She confirmed that
548
00:27:21,807 --> 00:27:25,309
Maria spent a lot of time alone
with Powell in his office.
549
00:27:25,311 --> 00:27:27,711
Did you file
a motion to dismiss?
550
00:27:27,713 --> 00:27:29,279
Yes, on the way over,
but I think
551
00:27:29,281 --> 00:27:30,681
we ought to go after Powell.
552
00:27:30,683 --> 00:27:33,217
For what? Rape?
553
00:27:33,218 --> 00:27:35,752
She said that Powell
didn't physically force her
554
00:27:35,755 --> 00:27:37,688
to have relations
with him.
555
00:27:37,690 --> 00:27:39,790
The girl was 17 at the time.
556
00:27:39,792 --> 00:27:42,259
You got no statutory charge.
557
00:27:42,261 --> 00:27:45,729
He's in a position of authority
over teenage girls.
558
00:27:45,731 --> 00:27:46,864
He's abusing it.
559
00:27:46,866 --> 00:27:48,365
A civil case, maybe.
560
00:27:48,367 --> 00:27:50,834
Criminal court?
I don't see it.
561
00:27:50,836 --> 00:27:52,102
Suppose it's not the first
incident?
562
00:27:52,104 --> 00:27:53,888
He's been on the job
six years.
563
00:27:53,889 --> 00:27:55,673
You think it's the first time
he's succumbed to temptation?
564
00:27:55,675 --> 00:27:58,876
I'd sure like to know the answer
to that question
565
00:27:58,878 --> 00:28:01,178
before we make up
our minds.
566
00:28:01,180 --> 00:28:02,880
Go.
567
00:28:04,216 --> 00:28:05,849
This whole thing sucks.
568
00:28:05,851 --> 00:28:08,886
I can't believe she
would do that to me.
569
00:28:08,888 --> 00:28:12,356
You didn't know she was
involved with Powell?
570
00:28:12,358 --> 00:28:13,824
No.
571
00:28:13,826 --> 00:28:16,460
If he hit on her,
she could have told me.
572
00:28:16,462 --> 00:28:19,363
He ever try anything with you?
573
00:28:19,365 --> 00:28:21,365
Maybe when I first got there.
574
00:28:21,367 --> 00:28:22,933
He'd come into your room
575
00:28:22,935 --> 00:28:26,336
at the wrong time...
576
00:28:26,338 --> 00:28:28,372
call you into his office,
577
00:28:28,374 --> 00:28:30,340
ask you stupid questions.
578
00:28:30,342 --> 00:28:32,876
But I just stayed away from him.
579
00:28:32,878 --> 00:28:34,712
A lot of girls fall for it?
580
00:28:34,714 --> 00:28:37,815
Everyone thought
he was pretty much of a joke.
581
00:28:40,386 --> 00:28:43,253
Except this
one girl.
582
00:28:43,255 --> 00:28:44,822
What about her?
583
00:28:44,824 --> 00:28:47,191
I don't know
for sure
584
00:28:47,193 --> 00:28:51,195
but I heard talk
about her and Powell.
585
00:28:51,197 --> 00:28:55,733
We have the cancelled checks
he sent you, Ms. Morrill.
586
00:28:55,735 --> 00:28:57,968
He's not giving you
that money
587
00:28:57,970 --> 00:29:00,437
out of the goodness
of his heart.
588
00:29:00,439 --> 00:29:04,174
What...? Do I have
to give the money back?
589
00:29:04,176 --> 00:29:05,909
As far as we can tell
590
00:29:05,911 --> 00:29:09,480
it legitimately belonged
to Jack Powell.
591
00:29:09,482 --> 00:29:13,016
If he gave it to you,
it's yours to keep.
592
00:29:13,018 --> 00:29:18,422
When I was at the house,
we had this thing going.
593
00:29:18,424 --> 00:29:19,757
A sexual relationship?
594
00:29:19,759 --> 00:29:22,025
Couple of times a week.
That's all.
595
00:29:22,027 --> 00:29:24,428
How old were you?
596
00:29:24,430 --> 00:29:25,963
15 when it started.
597
00:29:25,965 --> 00:29:27,965
What was in it for you?
598
00:29:27,967 --> 00:29:30,868
I didn't have to work
in the kitchen.
599
00:29:30,870 --> 00:29:32,770
He'd have me do errands
600
00:29:32,772 --> 00:29:34,872
let me go to the movies...
601
00:29:34,874 --> 00:29:36,874
Seems hardly worth it now.
602
00:29:36,876 --> 00:29:39,543
Did he ever threaten
to hurt you if you didn't
go along with it?
603
00:29:39,545 --> 00:29:47,017
He said if I told anyone,
I'd have to leave the house.
604
00:29:47,019 --> 00:29:52,923
At the time,
I didn't have anywhere to go.
605
00:29:52,925 --> 00:29:55,926
How long has it been
since you left?
606
00:29:55,928 --> 00:29:57,427
Three years ago.
607
00:29:57,429 --> 00:29:59,797
Since then, Powell's been
giving you $200 a month
608
00:29:59,799 --> 00:30:01,932
for what, just to
keep your mouth shut?
609
00:30:12,478 --> 00:30:15,546
He would have preferred
I lose it.
610
00:30:18,083 --> 00:30:21,485
Ms. Morrill, would you
be willing to repeat
611
00:30:21,487 --> 00:30:24,488
what you just told me
to the grand jury?
612
00:30:24,490 --> 00:30:26,890
You mean, go to court?
613
00:30:28,360 --> 00:30:32,095
Look, nobody knows about this--
614
00:30:32,097 --> 00:30:34,364
nobody...
615
00:30:34,366 --> 00:30:37,601
and I'm not going
to change that.
616
00:30:43,909 --> 00:30:45,442
ROBINETTE:
She was 15.
617
00:30:45,444 --> 00:30:47,945
Statute of limitations
hasn't run out.
618
00:30:47,947 --> 00:30:49,880
We could force her
to testify
619
00:30:49,882 --> 00:30:52,516
but her husband
thinks the kid is his.
620
00:30:52,518 --> 00:30:54,618
That leaves
only Maria Barragan.
621
00:30:54,620 --> 00:30:56,954
With a possible charge
of rape one.
622
00:30:56,956 --> 00:30:59,356
Rape one? But Powell never
threatened Maria.
623
00:30:59,358 --> 00:31:01,325
With no forcible
compulsion...
624
00:31:01,327 --> 00:31:03,293
An adult male
with the power
625
00:31:03,295 --> 00:31:05,529
to send a girl
back to the streets
626
00:31:05,531 --> 00:31:07,865
demands that she
have sex with him.
627
00:31:07,867 --> 00:31:09,933
That's not forcible
compulsion?
628
00:31:09,935 --> 00:31:12,903
There's no physical threat, no
threat death or physical injury.
629
00:31:12,905 --> 00:31:14,938
I'm willing
to take the chance
to make the case.
630
00:31:14,940 --> 00:31:17,374
Get me a slot
in the grand jury.
631
00:31:17,376 --> 00:31:20,377
We're going for an
indictment for rape
in the first degree.
632
00:31:20,379 --> 00:31:22,880
ATTORNEY:
You're way off base
on this, Ben.
633
00:31:22,882 --> 00:31:25,549
Jack Powell has spent
his entire life
634
00:31:25,551 --> 00:31:27,885
working selflessly
for the public good.
635
00:31:27,887 --> 00:31:30,888
He's raised hundreds
of thousands of dollars
636
00:31:30,890 --> 00:31:32,890
for charities.
For crying out loud!
637
00:31:32,892 --> 00:31:34,892
Did he tell his contributors
about the afternoons
638
00:31:34,894 --> 00:31:36,026
he spent with Maria Barragan?
639
00:31:36,028 --> 00:31:38,896
It was an indiscretion,
not a crime.
640
00:31:38,898 --> 00:31:41,164
Maria's 17. She's an adult.
She consented.
641
00:31:41,166 --> 00:31:43,567
We're not charging you
with statutory rape, Mr. Powell.
642
00:31:43,569 --> 00:31:45,569
We're charging you
with rape in the first degree.
643
00:31:50,676 --> 00:31:52,142
I didn't force her.
644
00:31:52,144 --> 00:31:53,944
I didn't have to.
645
00:31:53,946 --> 00:31:55,445
She said
you threatened
646
00:31:55,447 --> 00:31:57,514
to expel her from Haven House.
647
00:31:57,516 --> 00:32:00,617
Twice, for curfew and drugs.
648
00:32:00,619 --> 00:32:02,586
Then you do admit you threatened
to expel her?
649
00:32:02,588 --> 00:32:04,421
Yes, with good reason.
650
00:32:04,423 --> 00:32:06,440
Legitimate reason in whose mind?
651
00:32:06,441 --> 00:32:08,458
Look, Ben, didn't the episode
with Sister Bettina
652
00:32:08,460 --> 00:32:09,359
tell you anything?
653
00:32:09,361 --> 00:32:10,694
Maria Barragan's a liar.
654
00:32:10,696 --> 00:32:13,630
She'll say anything
to get what she wants.
655
00:32:13,632 --> 00:32:16,133
And what she wants
is to stay alive
656
00:32:16,135 --> 00:32:18,969
and in her mind, that means
staying at Haven House.
657
00:32:18,971 --> 00:32:21,138
A lie like this
does not serve
her best interests.
658
00:32:21,140 --> 00:32:24,474
Maybe we can work something out.
659
00:32:24,476 --> 00:32:28,478
Sexual abuse three, pleads nolo,
one year community service.
660
00:32:28,480 --> 00:32:30,614
A "b" misdemeanor?
This is more than
661
00:32:30,616 --> 00:32:32,683
a traffic violation.
662
00:32:32,685 --> 00:32:35,686
Without proof
of forcible compulsion
663
00:32:35,688 --> 00:32:37,154
you have no case.
664
00:32:38,958 --> 00:32:39,990
Motion to dismiss.
665
00:32:39,992 --> 00:32:42,526
See you tomorrow, 2:30
666
00:32:42,528 --> 00:32:45,662
Judge Reisman's chambers.
667
00:32:50,035 --> 00:32:53,470
ATTORNEY:
Maria Barragan
668
00:32:53,472 --> 00:32:55,706
was blowing kisses
for nickel bags
669
00:32:55,708 --> 00:32:58,141
long before she ever heard
of Jack Powell.
670
00:32:58,143 --> 00:33:00,644
Which is hardly relevant.
It sure as hell affects
her credibility.
671
00:33:00,646 --> 00:33:03,113
That's a matter for the jury.
Not for me.
672
00:33:03,115 --> 00:33:06,516
Even if you look at the facts
in a light most favorable
673
00:33:06,518 --> 00:33:08,685
to the prosecution
the indictment has still failed
674
00:33:08,687 --> 00:33:12,122
to make a prima facie case
for rape one.
675
00:33:12,124 --> 00:33:14,524
The statute is
clear-- it requires
676
00:33:14,526 --> 00:33:16,693
threat of death
or physical injury.
677
00:33:16,695 --> 00:33:19,629
Your Honor, we intend to prove
in court that it was reasonable,
678
00:33:19,631 --> 00:33:21,531
under those circumstances,
679
00:33:21,533 --> 00:33:23,500
for Maria Barragan to fear for
her life.
680
00:33:23,502 --> 00:33:24,735
She wasn't seduced.
681
00:33:24,737 --> 00:33:26,136
She submitted.
682
00:33:26,138 --> 00:33:28,505
She consented, for God's sake.
683
00:33:28,507 --> 00:33:30,007
My instinct tells me
684
00:33:30,009 --> 00:33:32,109
you're asking me
to stretch the law
685
00:33:32,111 --> 00:33:34,011
to places it shouldn't go.
686
00:33:34,013 --> 00:33:35,712
However, I'm going
687
00:33:35,714 --> 00:33:37,681
to reserve my decision
688
00:33:37,683 --> 00:33:40,751
on defendant's motion
to dismiss until
689
00:33:40,753 --> 00:33:42,652
after trial.
Your Honor...
690
00:33:42,654 --> 00:33:44,654
Charge stays for now.
691
00:33:44,656 --> 00:33:47,190
We go to trial right away.
692
00:33:50,362 --> 00:33:52,362
Reisman reserved decision.
693
00:33:52,364 --> 00:33:54,231
It's a minor miracle.
694
00:33:54,233 --> 00:33:55,599
So we're halfway there.
695
00:33:55,601 --> 00:33:58,068
We present a compelling case...
696
00:33:58,070 --> 00:34:00,103
Don't fool yourself.
Reisman's no ground-breaker.
697
00:34:00,105 --> 00:34:02,172
Read his decisions.
698
00:34:02,173 --> 00:34:04,240
If there's no precedent,
it doesn't fly in his court.
699
00:34:04,243 --> 00:34:06,309
So why didn't he dismiss?
700
00:34:06,311 --> 00:34:07,344
Who knows?
Could be waiting
701
00:34:07,346 --> 00:34:09,112
for the jury to acquit.
702
00:34:09,114 --> 00:34:11,515
Then he doesn't have
to make a decision.
703
00:34:11,517 --> 00:34:14,117
Could be he's ready
to make new law.
704
00:34:14,119 --> 00:34:15,519
I wouldn't bet on it.
705
00:34:15,521 --> 00:34:17,320
You talked to McCarter?
706
00:34:17,322 --> 00:34:19,322
He wants a slap on the wrist.
707
00:34:19,324 --> 00:34:21,291
Well, maybe you ought to start
slapping.
708
00:34:21,292 --> 00:34:23,259
What do you suppose a trial like
this is gonna cost the state?
709
00:34:23,262 --> 00:34:25,395
Even if you
convince a jury
710
00:34:25,397 --> 00:34:28,432
Reisman snaps his fingers,
sets aside the verdict.
711
00:34:28,434 --> 00:34:32,402
Adam, since when does cost
have anything to do with it?
712
00:34:32,404 --> 00:34:36,339
Since the state
is on the verge of bankruptcy.
713
00:34:37,843 --> 00:34:39,509
It's a no-win, my boy.
714
00:34:39,511 --> 00:34:41,511
Reisman goes your way
715
00:34:41,513 --> 00:34:44,147
we got the appeal
to worry about.
716
00:34:44,149 --> 00:34:46,550
A trial of any sort puts Haven
House out of business.
717
00:34:46,552 --> 00:34:49,286
Adam, he raped
a 17-year-old girl.
718
00:34:49,288 --> 00:34:50,287
Did he?
719
00:34:50,289 --> 00:34:52,289
Statute says physical harm.
720
00:34:52,291 --> 00:34:54,558
It doesn't say
put her in a situation
721
00:34:54,560 --> 00:34:56,293
where she could get hurt.
722
00:34:56,295 --> 00:34:58,261
But it's all in the victim's
state of mind.
723
00:34:58,263 --> 00:35:00,297
Maria's fears were real.
If he had threatened
724
00:35:00,299 --> 00:35:03,300
to throw her out
on the expressway...
725
00:35:03,302 --> 00:35:05,402
He didn't threaten anything.
726
00:35:05,404 --> 00:35:06,436
She's a kid, Adam.
727
00:35:06,438 --> 00:35:07,571
To her
728
00:35:07,573 --> 00:35:10,407
Times Square is
just as dangerous.
729
00:35:10,409 --> 00:35:12,309
The law doesn't
read that way.
730
00:35:12,311 --> 00:35:13,643
Maybe it should.
731
00:35:16,315 --> 00:35:18,181
BARRAGAN:
When I was 12
732
00:35:18,183 --> 00:35:19,449
my mother ran away.
733
00:35:19,451 --> 00:35:21,351
STONE:
And your father?
734
00:35:21,353 --> 00:35:22,652
I never knew him.
735
00:35:22,654 --> 00:35:25,388
A complete bio, Your Honor,
is hardly relevant.
736
00:35:25,390 --> 00:35:27,491
It's relevant
to the victim's state of mind.
737
00:35:27,493 --> 00:35:30,360
It's the defendant's
state of mind that's at issue.
738
00:35:30,362 --> 00:35:33,363
The defendant took advantage
of the victim's fear.
739
00:35:33,365 --> 00:35:36,433
I think it's necessary to show
the derivation of that fear.
740
00:35:36,435 --> 00:35:38,268
I'll allow it.
741
00:35:38,270 --> 00:35:40,504
STONE:
After you were abandoned,
where did you live?
742
00:35:40,506 --> 00:35:42,139
In Port Authority
743
00:35:42,141 --> 00:35:44,341
until Sister Bettina
found me.
744
00:35:44,343 --> 00:35:47,377
Did you prefer Haven House
to the streets?
745
00:35:47,379 --> 00:35:49,346
They didn't beat me,
or anything.
746
00:35:49,348 --> 00:35:51,348
The sisters--
they cared about me.
747
00:35:51,350 --> 00:35:53,383
And Mr. Powell?
748
00:35:54,520 --> 00:35:56,920
He liked me fine.
749
00:35:56,922 --> 00:35:58,488
McCARTER:
Your Honor, we've
established already
750
00:35:58,490 --> 00:36:01,224
that the defendant
and this witness
751
00:36:01,226 --> 00:36:02,626
had sexual relations.
752
00:36:02,628 --> 00:36:05,428
We don't need a play-by-play,
Mr. Stone.
753
00:36:05,430 --> 00:36:09,366
Maria, please describe
for the court
754
00:36:09,368 --> 00:36:11,301
the circumstances
755
00:36:11,303 --> 00:36:14,504
leading up to your
first sexual encounter
756
00:36:14,506 --> 00:36:15,672
with Mr. Powell.
757
00:36:15,674 --> 00:36:19,509
I was in his office.
758
00:36:19,511 --> 00:36:22,379
He started
touching me.
759
00:36:22,381 --> 00:36:24,781
He said
he could make me feel good
760
00:36:24,783 --> 00:36:27,384
and he could make my life easy.
761
00:36:27,386 --> 00:36:29,319
I told him I wasn't interested.
762
00:36:29,321 --> 00:36:31,254
But you did sleep with him.
763
00:36:31,256 --> 00:36:34,724
He said he would have me thrown
out of the house if I didn't.
764
00:36:34,726 --> 00:36:36,359
You believed him?
765
00:36:36,361 --> 00:36:38,228
He showed me a form.
766
00:36:44,369 --> 00:36:47,370
Please describe the paper
I just handed you.
767
00:36:47,372 --> 00:36:50,373
It's the form they use when they
throw you out of Haven House.
768
00:36:50,375 --> 00:36:52,409
Was that the form
Mr. Powell handed you?
769
00:36:52,411 --> 00:36:55,412
No, the one he showed me
had my name on it.
770
00:36:55,414 --> 00:36:56,613
So you willingly
771
00:36:56,615 --> 00:36:58,381
slept with him?
772
00:36:58,383 --> 00:37:01,284
I was scared.
773
00:37:01,286 --> 00:37:01,985
Of the streets?
774
00:37:01,987 --> 00:37:03,320
I've been there.
775
00:37:03,322 --> 00:37:05,689
It's better than going back.
776
00:37:05,691 --> 00:37:07,290
Anything is.
777
00:37:07,292 --> 00:37:10,393
That's why I lied
about Sister Bettina.
778
00:37:10,395 --> 00:37:13,530
I thought if anyone found out...
779
00:37:14,800 --> 00:37:16,666
Thank you.
780
00:37:16,668 --> 00:37:19,236
REISMAN:
Your witness.
781
00:37:26,445 --> 00:37:29,312
Have you ever been arrested,
Miss Barragan?
782
00:37:29,314 --> 00:37:30,347
Objection.
783
00:37:30,349 --> 00:37:32,382
If we're giving bios
784
00:37:32,384 --> 00:37:34,451
let's give
the unabridged version.
785
00:37:34,453 --> 00:37:36,019
Overruled.
786
00:37:36,021 --> 00:37:39,322
Miss Barragan?
787
00:37:39,324 --> 00:37:41,324
Three times.
788
00:37:41,326 --> 00:37:42,692
What were the charges?
789
00:37:42,694 --> 00:37:44,694
Prostitution.
790
00:37:44,696 --> 00:37:47,464
So you were a whore?
791
00:37:47,466 --> 00:37:48,632
Your Honor!
792
00:37:48,634 --> 00:37:51,334
All right.
Enough of that,
Mr. McCarter.
793
00:37:54,473 --> 00:37:57,440
The Haven House
isn't all fun and games.
794
00:37:57,442 --> 00:38:00,343
You have to earn your keep.
795
00:38:00,345 --> 00:38:04,381
There's cooking,
washing clothes, cleaning.
796
00:38:04,383 --> 00:38:05,782
Isn't that right?
797
00:38:05,784 --> 00:38:08,418
It's part of the rehab.
798
00:38:08,420 --> 00:38:11,421
Isn't it true, Miss Barragan,
that when you first started
working for Mr. Powell
799
00:38:11,423 --> 00:38:14,391
most of your chores
were eliminated?
800
00:38:14,393 --> 00:38:15,625
Yes.
801
00:38:15,627 --> 00:38:19,296
What kind of work
did you do for Mr. Powell?
802
00:38:19,298 --> 00:38:22,666
I filed papers,
answered phones.
803
00:38:22,668 --> 00:38:25,869
Hell of a lot easier
than scrubbing toilets.
804
00:38:25,871 --> 00:38:27,404
Your Honor...
805
00:38:27,406 --> 00:38:28,838
Uh, withdrawn.
806
00:38:28,840 --> 00:38:33,310
When you were out on the street,
Miss Barragan,
807
00:38:33,312 --> 00:38:36,913
you sold your body for money,
isn't that true?
808
00:38:36,915 --> 00:38:38,782
I had to eat.
809
00:38:38,784 --> 00:38:40,417
Oh, I understand.
810
00:38:40,419 --> 00:38:43,420
You were trying
to make your life easier.
811
00:38:43,422 --> 00:38:45,422
That's what a whore does.
Your Honor...
812
00:38:45,424 --> 00:38:48,358
Weren't you trying to do that
with Mr. Powell--
813
00:38:48,360 --> 00:38:49,793
trying to make your life easier?
814
00:38:49,795 --> 00:38:50,794
Objection!
815
00:38:50,796 --> 00:38:52,329
Miss Barragan?
816
00:38:52,331 --> 00:38:53,663
REISMAN:
Sustained.
817
00:38:53,665 --> 00:38:56,399
That's enough,
Mr. McCarter.
818
00:38:56,401 --> 00:38:58,702
POWELL:
I've worked for non-profits
all my life.
819
00:38:58,704 --> 00:39:00,870
I don't know, maybe
there are some people
820
00:39:00,872 --> 00:39:03,540
who think I'm too caring.
If I minded my own business
821
00:39:03,542 --> 00:39:05,742
I wouldn't leave myself
open to...
822
00:39:05,744 --> 00:39:07,444
all kinds of problems.
823
00:39:07,446 --> 00:39:10,347
When did you first come in
contact with Miss Barragan?
824
00:39:10,349 --> 00:39:11,881
She was a new girl.
825
00:39:11,883 --> 00:39:14,451
There's a routine
first interview.
826
00:39:14,453 --> 00:39:16,486
I liked her attitude.
827
00:39:16,488 --> 00:39:18,488
She was very bright, eager.
828
00:39:18,490 --> 00:39:20,690
I needed someone to run errands.
829
00:39:20,692 --> 00:39:23,426
It began
as a non-sexual relationship.
830
00:39:23,428 --> 00:39:24,961
Yes.
831
00:39:24,963 --> 00:39:27,831
But then she began
to put out signals
832
00:39:27,833 --> 00:39:30,433
as if she were interested
in me.
833
00:39:30,435 --> 00:39:33,470
What kind of signals?
834
00:39:33,472 --> 00:39:35,155
I don't know.
835
00:39:35,156 --> 00:39:36,839
Like... the way
she'd look at me.
836
00:39:36,842 --> 00:39:40,443
MCCARTER:
To what did you
attribute her interest?
837
00:39:40,445 --> 00:39:42,579
POWELL:
I'm not really sure.
838
00:39:42,581 --> 00:39:48,451
Certainly not because I have
some magnetic effect on women.
839
00:39:48,453 --> 00:39:50,887
Maybe it was because
I was nice to her,
840
00:39:50,889 --> 00:39:53,456
or maybe she thought
841
00:39:53,458 --> 00:39:55,725
she could get something
out of me.
842
00:39:55,727 --> 00:39:59,963
What did you do
about these advances?
843
00:39:59,965 --> 00:40:01,564
I put her off,
844
00:40:01,566 --> 00:40:04,434
but she was
very persistent.
845
00:40:04,436 --> 00:40:07,804
I'm not proud I slept with her.
846
00:40:07,806 --> 00:40:10,440
Maybe this was bound to happen.
847
00:40:10,442 --> 00:40:13,676
I spend a lot of time
with these girls, and...
848
00:40:13,678 --> 00:40:17,747
in a way, they're trained
to deal with men sexually--
849
00:40:17,749 --> 00:40:20,417
to use sex to get
what they want.
850
00:40:20,419 --> 00:40:23,553
It was stupid of me to give in
to that.
851
00:40:23,555 --> 00:40:25,722
Did you ever
threaten Maria?
852
00:40:25,724 --> 00:40:29,492
Overtly
or implicitly?
853
00:40:29,494 --> 00:40:30,427
No, never.
854
00:40:30,429 --> 00:40:32,629
She'd been victimized enough.
855
00:40:32,631 --> 00:40:34,431
Did you intimidate her?
856
00:40:34,433 --> 00:40:36,800
That's what I don't understand.
857
00:40:36,802 --> 00:40:40,003
I'm probably the only guy
she was ever with
858
00:40:40,005 --> 00:40:42,739
who actually cared for her.
859
00:40:42,741 --> 00:40:44,808
I felt I was
very kind with her.
860
00:40:44,810 --> 00:40:46,643
I can't understand
861
00:40:46,645 --> 00:40:49,212
why Maria would say
she was afraid of me.
862
00:40:49,214 --> 00:40:51,481
No further questions.
863
00:40:52,551 --> 00:40:56,486
Mr. Powell, do you recognize
the name Marjorie White?
864
00:40:56,488 --> 00:40:57,921
She was with us for a while.
865
00:40:57,923 --> 00:41:00,657
We caught her dealing
to the other girls.
866
00:41:00,659 --> 00:41:02,892
Did you throw her
out of the house?
867
00:41:02,894 --> 00:41:05,562
She was dealing drugs.
868
00:41:05,564 --> 00:41:06,629
All right.
869
00:41:06,631 --> 00:41:07,764
Alberta Gaines?
870
00:41:07,766 --> 00:41:10,967
She was expelled for violence.
871
00:41:10,969 --> 00:41:13,937
STONE:
Rosa Valdez,
was she expelled?
872
00:41:13,939 --> 00:41:15,905
Yes.
873
00:41:15,907 --> 00:41:18,842
Do you know what happens
to these girls
874
00:41:18,844 --> 00:41:20,477
that are expelled?
875
00:41:20,479 --> 00:41:23,079
Sister Bettina tries
to keep track of them.
876
00:41:23,081 --> 00:41:25,615
Do you know what happened
to Rosa Valdez?
877
00:41:26,585 --> 00:41:28,751
I believe she died of AIDS.
878
00:41:28,753 --> 00:41:30,086
Alberta Gaines?
879
00:41:30,088 --> 00:41:31,488
Um... an overdose.
880
00:41:31,490 --> 00:41:33,823
Marjorie White died, too?
881
00:41:33,825 --> 00:41:34,824
Yes.
882
00:41:34,826 --> 00:41:36,559
Raped and stabbed 12 times
883
00:41:36,561 --> 00:41:38,695
by six members of a gang.
884
00:41:38,697 --> 00:41:42,098
Of all 18 girls expelled
in the past six years
885
00:41:42,100 --> 00:41:44,968
three have died of AIDS,
five of drug overdose
886
00:41:44,970 --> 00:41:46,703
one of exposure,
two murdered
887
00:41:46,705 --> 00:41:48,505
and the rest
just disappeared.
888
00:41:48,507 --> 00:41:49,572
Isn't that true?
889
00:41:49,574 --> 00:41:50,707
Yes.
890
00:41:50,709 --> 00:41:53,643
So, isn't it reasonable
891
00:41:53,645 --> 00:41:56,913
under these circumstances
for Maria Barragan
892
00:41:56,915 --> 00:41:59,849
to fear for her life when you
threw her out on the street?
893
00:41:59,851 --> 00:42:00,984
Objection.
894
00:42:00,986 --> 00:42:03,253
Sustained.
895
00:42:03,254 --> 00:42:05,521
Did she ever say she was afraid
of leaving Haven House?
896
00:42:05,524 --> 00:42:08,558
I ne... Listen, when these girls
have been on the street
897
00:42:08,560 --> 00:42:09,792
long enough they become
hardened, tough.
898
00:42:09,794 --> 00:42:11,127
They're not afraid of anything.
899
00:42:11,129 --> 00:42:13,563
So if you're beaten up enough,
you lose your fear?
900
00:42:13,565 --> 00:42:14,864
You learn how to survive.
901
00:42:14,866 --> 00:42:17,667
Until someone kills you.
902
00:42:28,613 --> 00:42:33,149
STONE:
The law says that if Jack Powell
never placed Maria Barragan
903
00:42:33,151 --> 00:42:36,719
in fear of death
or physical injury
904
00:42:36,721 --> 00:42:42,625
he cannot be convicted
of rape in the first degree.
905
00:42:42,627 --> 00:42:44,894
He didn't wrestle her
to the ground.
906
00:42:44,896 --> 00:42:47,163
He didn't put a gun to her head.
907
00:42:47,165 --> 00:42:48,164
He simply said:
908
00:42:48,166 --> 00:42:50,333
Have sex with me
909
00:42:50,335 --> 00:42:53,903
or I'm throwing you
back out on the street.
910
00:42:53,905 --> 00:42:56,573
Case dismissed?
911
00:42:59,177 --> 00:43:01,010
Maybe.
912
00:43:01,012 --> 00:43:08,084
But what did that threat
mean to Maria?
913
00:43:08,086 --> 00:43:10,653
Another broken arm?
914
00:43:10,655 --> 00:43:14,624
AIDS instead of hepatitis?
915
00:43:14,626 --> 00:43:17,760
A bullet
instead of a razor blade?
916
00:43:17,762 --> 00:43:19,062
More rapes?
917
00:43:19,064 --> 00:43:20,163
More beatings?
918
00:43:20,165 --> 00:43:22,599
And more than anyone,
919
00:43:22,601 --> 00:43:25,202
Jack Powell knew
920
00:43:25,203 --> 00:43:27,804
that his threat contained
the weight of all those things.
921
00:43:27,806 --> 00:43:31,641
When he threatened to remove her
from the one safe harbor
922
00:43:31,643 --> 00:43:33,142
in her sad, young life
923
00:43:33,144 --> 00:43:37,914
he put her in fear for her life
and her physical well-being.
924
00:43:37,916 --> 00:43:40,917
And he didn't put a gun
to her head.
925
00:43:40,919 --> 00:43:44,621
No, he showed her another way
he could hurt her.
926
00:43:50,962 --> 00:43:53,963
WOMAN:
Were you expecting
a guilty verdict this quickly?
927
00:43:53,965 --> 00:43:56,666
I can't anticipate
the mind of a jury,
928
00:43:56,668 --> 00:43:58,167
but I'm very grateful.
929
00:43:58,169 --> 00:44:00,403
MAN:
What about the mind
of Judge Reisman?
930
00:44:00,405 --> 00:44:02,672
Do you think
he'll dismiss It?
931
00:44:02,674 --> 00:44:05,208
I think we met
the burden of proof.
932
00:44:05,210 --> 00:44:07,677
If he dismisses,
do you have a plan
how to proceed?
933
00:44:07,679 --> 00:44:09,412
Yes, we do.
Mr. Stone.
Mr. Stone!
934
00:44:09,414 --> 00:44:11,714
Okay, you convinced a jury
935
00:44:11,716 --> 00:44:13,883
but it doesn't
mean a thing
936
00:44:13,885 --> 00:44:17,153
till Reisman rules
on the motion to dismiss.
937
00:44:17,155 --> 00:44:19,956
With his history,
I wouldn't hold my breath.
938
00:44:19,958 --> 00:44:21,858
Our knowledge of rape and power
has grown.
939
00:44:21,860 --> 00:44:23,760
The law should reflect that.
940
00:44:23,761 --> 00:44:25,661
Right now you got leverage.
Use it or lose it.
941
00:44:25,664 --> 00:44:28,865
Now, I say call McCarter,
work out sentence.
942
00:44:28,867 --> 00:44:31,801
You think my case was that weak?
943
00:44:31,803 --> 00:44:33,736
No, I just think that the
judiciary
944
00:44:33,738 --> 00:44:35,805
isn't as open-minded as you.
945
00:44:35,807 --> 00:44:37,140
( phone buzzes )
946
00:44:39,944 --> 00:44:41,678
Robinette.
947
00:44:43,214 --> 00:44:44,213
Hold on.
948
00:44:44,215 --> 00:44:46,215
McCarter's looking for you.
949
00:44:46,217 --> 00:44:48,284
He wants to talk
about sentencing.
950
00:44:48,286 --> 00:44:51,054
You can still lose it.
951
00:44:51,056 --> 00:44:53,823
No deal.
952
00:44:55,960 --> 00:44:57,727
( sighs )
953
00:45:00,832 --> 00:45:02,231
Be seated.
954
00:45:05,303 --> 00:45:07,770
After listening to the evidence
and reading Counsel's briefs
955
00:45:07,772 --> 00:45:10,973
I find that the prosecution
has met its burden
956
00:45:10,975 --> 00:45:15,178
with respect to the charge
of rape in the first degree.
957
00:45:15,180 --> 00:45:19,315
Defense motion to dismiss
denied.
958
00:45:19,317 --> 00:45:22,285
The jury verdict
of guilty stays.
959
00:45:22,287 --> 00:45:24,721
( gavel pounds )
960
00:45:26,257 --> 00:45:29,225
Get out your sound bite, Ben.
961
00:45:29,227 --> 00:45:31,194
Yeah, nothing sells
like sex.
962
00:45:31,196 --> 00:45:33,296
Don't sell yourself short.
963
00:45:33,298 --> 00:45:35,231
Everybody loves a winner.
964
00:45:35,233 --> 00:45:37,217
Yeah.
965
00:45:37,218 --> 00:45:39,202
There will probably
be a reversal on appeal.
966
00:45:39,204 --> 00:45:41,204
Probably. But maybe
the legislature
967
00:45:41,206 --> 00:45:44,507
takes a look,
rewrites the law.
968
00:45:44,509 --> 00:45:48,511
Captioningsponsored by
NBC/UNIVERSAL
969
00:45:48,513 --> 00:45:52,782
captioned by
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