All language subtitles for Law.and.Order.S08E22.Damaged.1080p.AMZN.WEB-DL.DDP2.0.H.264-playWEB_track3_[eng]

yet equally important groups,

the police
who investigate crime

and the district attorneys
who prosecute the offenders.

These are their stories.

Hey, Emily.
Hey.

You never heard
of social promotion?

This kid
has no business
being moved up a grade.

He can barely read!

You want to take on
the administration over
some little underachiever?

Where is it?
Get down!

Amanda?

Amanda...

All I know is
we were leaving

and somebody
started shooting at us.

Can you find out how
Amanda is?

She's still in surgery.

Did you see
anybody hanging around
before the shooting started?

We saw a couple of
kids on the way out.

And there were three or four
kids hanging out by that
blue Camaro.

I can't believe this.

We got one shot-up teacher
and a parking lot full of
shell casings.

Two kids admit
being in the vicinity.

There's a uniform
inside babysitting them.

You got
these cars listed yet?
How many shots in all?

We recovered two slugs
from the victim's car,

four from the bus,
and the one the doctors
are digging out of the victim.

Lousy shooting.

Good enough.

Me and Emily ran back inside
when the shooting started.

Where were you?

Uh, right there.

Well, what did you see
before the shooting started?

Nothing much.

We saw Mrs. Novak and
Mrs. Ortega come out.

Is she gonna be okay?

You like her?

Yeah.

She's not like most of 'em.
She's an actual human being.

How so?

She's the only one
that stands up for
us girls.

I mean, we can't
walk down the halls

without having boys
sticking their hands

down our bras
and grabbing at us.

Not all the guys.

How does she
stand up for you?

Well, she made Mr. Amsterdam
suspend some of the boys.

Why's that?

They were hitting on
girls and using the old
music room to have sex in.

We've never had a shooting
on the school grounds before.

Do you know
of any bad blood

between these two teachers
and anybody here?

The usual, nothing
that would account
for this.

What's the usual?

Kids who get an "F"
instead of a "C,"

teachers who resent
Mrs. Novak's rapport
with the students...

This doesn't
make any sense.

Didn't Mrs. Novak tell you
students were having sex
on campus,

and you suspended them?

Good Lord, they couldn't
shoot her over that.

How'd she find out about it?

A student told her.

We didn't know if
it was just a rumor,
turned out to be true.

How'd you pin it down?

They were using
the old music room.

It's off-limits
because of asbestos.

We found used
condoms in there.

So how many kids
did you suspend?

Three boys.

How about the girls?
Detention.

It was clear the boys
were the instigators.

Kids shoot teachers over
a suspension?

One of our witnesses said
the boys who got suspended

were in the parking lot right
before the shooting started.

They were gone
when we got there.

Yeah. There was a Camaro
in the lot that belongs
to one of 'em.

The principal's
rounding 'em up
for us.

Hey, Rey.
Give me a minute.

Listen, about that
request for a transfer,

I'm sorry, but this
just isn't the right time.

All right. But I'm
serious about it, LT.

No, I know you are,
and I can appreciate

Deborah wanting
you on a desk job,

but if I lose
a detective right now,

they won't give
me a replacement.

I got you.
Uh, my family
has to come first.

So you just left
your car sitting there?

Sure I did.
Bullets flying, you just run.

And what did you
see before you ran?

A guy and a girl
by the entrance.

Then Mrs. Novak and
some other teacher
came out

and then,
bam, bam, bam.

You didn't see
the shooter?

We didn't even know where
the shots were coming from.

You own a gun?
Any of you?

No. We didn't do it.

So what were you doing
in the parking lot?

We were waiting
for a girl we know
to get out of drama club.

Why? So you could take
her to the music room?

We can't get in there anymore.
They put a lock on the door.

Okay,
thanks for your cooperation.

I wish I could help you.
I didn't see who was shooting.

That school is a snake pit.
The students are
out of control,

and all the administration
cares about is covering
its collective ass.

You owe anybody money?

Car payments.

Do you have
a life insurance policy

somebody might
want to collect on?

I'm her beneficiary.

Would you mind if we
speak to her alone,
Mr. Novak?

Look, I'll be right
outside, okay, honey?

You and your husband
get along all right?

Oh!
Lloyd didn't shoot me.

Who knew
what time you were leaving?

Nobody.

I'm usually there till
about 7:00,

but yesterday
I decided to go home early.

You tell anybody?
No.

It was
a spur-of-the-moment thing.

I'd just had enough
for one day.

Okay, your shooter's
hiding here.

The CSU unit found
three fresh gum wrappers.

So the shooter
waited long enough

for the flavor to go
out of two sticks of gum.

You got one
bullet in the victim,

two in this car
and four more over here.

Which means the shooter
started firing from
this corner,

ran this way
and kept on shooting.

Seven 9mm shots in all.

The bullet that hit
the victim came from
the original fusillade.

Well, if Amanda Novak
was the intended target,

why'd he keep on firing?
Yeah.

So I had a team
check across the street.

And?

They found three
.38 slugs over there.

Another shooter.

With better aim.
One of 'em hit.

Blood on the ground.
Not much, the lab's
trying to type it.

Do you have the trajectory
for the .38?

Yeah.

The shot came from
this car right here.

A Camaro.

Give it up, kid,
we tossed your car,
we found the gun.

The lab's running
tests on it right now.

Somebody must have
put it in my car.

Yeah. Yeah, the somebody
whose fingerprints are
all over it,

which would be you.

We know you got
off three rounds.

So who were
you shooting at?

Look, if it's your bullet
that hit Mrs. Novak,

you're looking at 15-to-life
for attempted murder.

It wasn't me that hit her.

Who were you shooting at?

Somebody started
shooting at us.

I grabbed
the gun from the car

and I shot back.
I don't know who it was.

It was broad daylight, Randy.

Well,
they were wearing a parka,
you know, like with a hood.

I didn't see their face.

That's right.
Keep on lying,

you're gonna be somebody's
girlfriend at Attica.

I'm telling you.

I don't know who it was.

We're not gonna get
anything out of this kid.

Well, go at it
from the other end.

Have you checked
the hospital reports

for our missing
gunshot victim?

Yeah, nothing
promising so far.

Well, if I was gunning
for someone and missed,

and they shot back at me,
I sure wouldn't show up
the next day.

We checked.
There were 46
kids absent today.

For what it's worth,
three of the parents
have handgun permits.

Well, at least
that's a place
to start.

And book Randy for
possessing and discharging
an illegal weapon.

Raymond Maxwell?

That's me.

Your daughter Sally
missed school today?

Yeah.
She sick?

Why are you asking?

Dad, I think we need
new french-fry oil.

Honey, I've told you,
you've gotta tell
Gus to do that.

That Sally?

That's her big sister,
Valerie.

What do you
want with Sally?

You own a 9mm handgun?

And a permit.

Look, I know about
the shooting at school.

What're you asking me
questions about my gun
and my daughter?

Is your gun here now?

Listen, when
the police ask to see
your licensed handgun,

you don't get to say no.

Seven-shot clip. Empty.

Emptied the
old-fashioned way.

You been to the
firing range lately?

What's under
that bandage,
Sally?

She cut herself.
Climbing over a fence.

She told you that?
Yes.

Look, we found blood
where the shooter
was standing.

If we have to,
we'll run a blood test on you.

We've got your
father's gun at the lab,
checking it for fingerprints

and matching it against
the bullet they dug out
of Mrs. Novak.

You don't play
it straight with us,

it's gonna go
real bad for you.

So why'd you
shoot at those boys?

They shot at me first!
I didn't mean to hurt
Mrs. Novak.

Sally, that's enough.

What was the beef
between you and
those boys?

Stop it.
No more questions.

Hey, we're gonna hear
their side of the story.

Don't you want
us to hear hers?

Not until
I get her a lawyer.

Sally Maxwell? I don't
even know who that is.

She seemed to know you
well enough to want you dead.

So she's crazy.
But I don't know her.

Well, maybe one
of your buddies does.

I don't know.

Look, don't play me,
Roscoe.

You guys are tight. One of
you has something with a girl,

the rest of you know
about it.

All right. Well,
that's just it.
I don't know.

You're starting to
piss me off, Roscoe.

I told you what I know.

I want to talk
to my parents.

Says on your school record
you had a little drug problem
earlier this year.

Yeah.
I got that all
cleared up.

Oh, yeah?

What, you stopped dealing
ecstasy to the freshmen?

Look, I wasn't dealing,
all right?

I was just middling
some stuff as a favor.

Is that how
you met Sally?

You did her a favor?
Maybe ripped her off?

No. I never met her.

What? She was just using
you for target practice?

Hell if I know.
Maybe she was on the
rag or something.

You make me puke, kid.

Someone must've
lowered the standards
for high school Casanovas.

Maybe they
talk a good game.

You know, the way
to a woman's heart
is through her ear.

Well, talk to the girls
they brought to the
music room.

Maybe one of them
can tell you about Sally.

Uh... I'll meet you outside,
all right?

Yeah.
He's right over there.

How'd it go?
Smooth as silk.

We busted the
guy with the goods.

Is Cathy okay?

Cathy was a real pro.

Chip off the old block.

The A.D.A's looking
for a quick trial date.

Your daughter has one
more piece of business.

Then she's home free.

Good.

Thanks for keeping me
in the loop.

Sure thing.

It started with one girl
who came to Amanda Novak.

Told her what was going on.
One name led to another.

How many girls?

Five or six.

Sally Maxwell?

No. But we probably
didn't get everybody.

Well, we're gonna need to
talk to the ones you did get.

This is a privacy issue.
These girls don't
want to be embarrassed.

Look, I have
three daughters.

I'm sure if this
happened to them,

they'd want to
talk to somebody.

Tell you what,
Mrs. Davenport,
you pick out a girl

and then you ask her
if she doesn't mind talking.
Fair enough?

I don't know anything
about them and Sally Maxwell.

You know any reason a girl
might have a beef with
these guys?

Sure. You go with them
and next thing you know,

it's all over school,
you're a slut.

Is that what
happened to you?

You wanted
to go with them?

I used to think they were
the coolest guys in school.

Why can't
my dad be with me?

It's better
if he waits outside.

Your lawyer will make sure
I respect your rights.

Let's talk about
the music room.

Did you have sex with
Hayden, Randy and Roscoe?

And then they
called you a slut,

made fun of you
to other people?

And you got mad,

because you thought
having sex with them

would make you
as cool as they are.

No!

But you figured out
they didn't give
a damn about you,

so you decided to get even.

No.
No?

I didn't have
sex with them.

They raped my sister.

Well, Sally,
why didn't you tell anyone?

Why grab a gun
to settle the score?

I told Mrs. Davenport.

She didn't do anything.

Lady, covering up
a felony is a felony.

You asked me if Sally
was one of the girls
and I said no.

And you didn't think
rape was worth mentioning?

What the hell kind of place
are you people running here?

We investigate
what's been reported.

I spoke with the boys,
I spoke with Valerie.

They said she consented,
she said she consented.

She told her sister
something different.

Well, maybe Sally heard
what she wanted to hear.

She's very protective
of Valerie.

Isn't Valerie
the older sister?

Valerie's developmentally
challenged.

Challenged how?

She's retarded.

Three boys gang up
on a retarded girl
and you just say, "Oh, okay."

What, are you
afraid of a lawsuit?

I'm a guidance counselor.
Not a cop.

So call a cop
when you need one!

When I need one, I will.

There was no rape.

Talk to Valerie yourselves.

Count on it.

Sally said
never tell anyone.

Why do you think
she told you that?

Sally said
what I did was bad.

Do you think
it was bad?

I think it's okay to play
a game with friends.

Did the boys tell
you it was a game?

What game did
they say it was?

Sex.

And you told them
it was okay?

I said I couldn't 'cause
Dad says sex is for when
you're in love.

And what happened
when you told them that?

They laughed a lot.
They said they loved me.

And
that made it okay?

Sure.

They took turns having sex
with her, then put
a soda bottle in her!

Rey, calm down.
Can we make a rape case?

Depends how retarded
this girl is.

Enough to believe
these punks loved her.

That's a little
inexact to take
to court.

We need to prove she's legally
incompetent to give consent.

Her school records
put her IQ at around 65.

Let me get
a full psych work-up.
I'll call Emil Skoda.

We're gonna leave these boys
free to line up their
next conquest?

No. Pick 'em up.

So, Randy,
Daddy sprung
for bail, huh?

Stand up.

Sure.
Beats doing squat thrusts
for goofing on Fat Frankie.

You're gonna have
to make bail again.

You're all under arrest for
the rape of Valerie Maxwell.

You're kidding. No way.

Way, Randy.

You're gonna be doing
your squatting and thrusting
in Rikers. Let's go.

A rape charge requires
a victim, Mr. McCoy.

A retarded girl is raped
and sexually assaulted
with a foreign object

and you don't see a victim?

You have proof
the girl's incompetent?

Are you kidding?

An IQ of 65?

Well, it doesn't matter.
Penal law 130.10.

The boys would have
to know that she can't
legally consent.

Otherwise, there's no crime.

You're gonna try
to sell that to a jury?

That the boys didn't
know she was retarded?

They're in
the same school.

4,000 students, Ms. Ross.

As I'm sure you know,
the boys never had
a class with her.

Lack of knowledge is
an affirmative defense.

I don't have to
prove they knew.

Yes. We have to prove
they didn't. And we will.

I see we have nothing
to talk about.

If Skoda thinks
she's able to give consent,

we could find ourselves
defending three
false-arrest lawsuits.

I'll let you know
as soon as I hear
from him.

Why did the cops jump
the gun arresting the boys?

They didn't want to leave
them wandering the halls
in search of game.

My mom's dead.

She's in heaven though
and she watches over
us all the time.

That's what
Sally told me.

What else has
she told you?

She told me that

it's very important
to know the names

of people when
you're talking
to them,

Dr. Skoda.

And it's very important
to look people in the eye

and say "Thank you"
and "Please."

Sally takes
good care of you.

I'm the oldest,

I should be the one
watching after Sally.

Does that bother you?

Dad says I'm special.
That's why I'm special-ed.

Do the other kids
treat you special?

Nicole... Huh!

She spilled ice cream
on my new dress.

Didn't even
say, "I'm sorry."

She just called me a dummy.

What about Hayden
and Roscoe and Randy?
Did they ever call you names?

They're my friends.

Friends don't hurt each other.
That's what Gina said.

Who's Gina?

She's in 12th grade.

Gina Bowman.
She's my friend, too.

She told me
Hayden wanted to play.

Valerie, can you tell me
some reasons

why a woman might want
to have sex with a man?

'Cause that's
what you do when
somebody loves you.

She's a sweet girl
with an IQ of 65.

And the school
thinks exposing her to
ridicule from normal kids

somehow does her good.

She understand what she did?

Not in any
meaningful way.

She'd do whatever
it takes to please
whoever she was with.

Would that be obvious
to another teenager?

That'd be crystal clear
to anyone who talked
to her for two minutes.

Those boys are gonna
claim the last thing

they did in that
music room was talk.

Have you spoken to
Gina Bowman?

Who?

Another student.

Valerie said she played
matchmaker for your
defendants.

You knew what
those boys wanted.

If you set Valerie up,
you're guilty of rape.

I never touched her.
The law doesn't care.

Lennie.

I just got a call.
Your daughter's taking
the stand in a half an hour.

Thanks. Excuse me.

So how'd you set it up?

You want to
get arrested, too?

Hayden said I could hang
with them if I got them
a good-looking girl.

So now you're a pimp?

No, I just... I just...

You just wanted everybody
to think you were cool.

Did you tell those boys
she was mentally disabled?

I thought it would
turn them off.

But Roscoe said he knew her.

He told the others.

Hayden said,
"It'll be cool
doing a retard."

Danny gave me
$500 for 1,000 units.

Same deal we did
every couple of weeks.

What did you tell
him about the drugs?

I told him I stole
them from the hospital.

Then once I left
the apartment, I gave
a pre-arranged signal,

and the detectives
went up to arrest Danny.

Thank you.

Did you wear
a recording device

when you went to
Mr. Jones' apartment?

No.
As far as you know,

are there any videotapes
or photographs

of you exchanging drugs
for money with my client?

No.

So we only
have your word.

Isn't it true you once had
a sexual relationship with
my client?

Yes.

And isn't it true
that while you were
employed as a nurse,

attending to
critically ill people,

you were addicted
to methamphetamines?

Yes.
And isn't it true

that you are
here testifying

under a plea arrangement
with the District Attorney?

Yes.

So you were allowed to
plead to a misdemeanor,
given no jail time,

for stealing
thousands of pills
from your hospital?

Yes.
That's a very sweet deal.

Now, your father is
a detective, isn't
that right?

Yes.

Detective Lennie Briscoe.

Is that the
same Lennie Briscoe

who was investigated by
the Hellman Commission on...

Objection.
Sustained.

...police corruption, who was
accused of stealing evidence
in a drug-trafficking case?

Ms. Briscoe, isn't it true...
Ms. Lapinsky.

...that you were
part of a scheme

by a corrupt narcotics
squad who is trying...

Ms. Lapinsky!
...to frame my client,

because
he refused to pay
them protection money?

Objection, Your Honor!

No, I wouldn't do that.

Why not? The apple doesn't
fall far from the tree,
does it?

Ms. Lapinsky, the objection
is again sustained.

I want all of that stricken.
The jury will disregard
the last exchange.

No more questions.

Hey, you did all right
in there, sweetheart.

Don't you get it, Dad?
My life is over.

I'm not gonna be
able to get a job.

I'm always
gonna be known as
the meth-addict nurse,

who stole drugs for
her dope-dealer boyfriend.

Why don't you come
and stay with me
for a while

till you get back
on your feet, huh?

Dad, please! Did you
hear what I just said?

Honey, people make mistakes
and start over all the time.
I did.

Thanks. But right now

I feel like you made
a mistake having me
in the first place.

Watch her back, will you?

Three boys who took cruel
advantage of a retarded girl.

Another girl so desperate
to be liked she became
a procurer for these boys.

A 14-year-old child
who tries to solve
her problems with a gun.

And an innocent
bystander in the hospital.
Yes.

Good gracious.

Any adults
at that school?

Briscoe says the adults
are so enlightened
they make his teeth hurt.

According to the cops,
the school abdicated its
custodial responsibility.

And where
are the parents?

Sounds like a good
campaign issue, Adam.

Sounds like a snake pit to me.

What are you planning to do?

Charge the boys with rape.

We made a deal with
the girl who pimped for them
in exchange for her testimony.

What about the
little girl with the gun?

The wounded teacher's
been very understanding.

She asked us not to land
on the girl with both feet.

She sprayed
a schoolyard
with gunfire.

Want me to cut
the Gordian Knot?

We were thinking more
along the lines of
a tiebreaker.

She seems unlikely
to repeat her actions.

I'm not averse
to a minimal sentence.

But she can't shoot
people without penalty.

Offer her a year
in juvenile detention.

The Defense
is moving to suppress
Gina Bowman's testimony.

It's hearsay.

Since when
is an admission hearsay?
They called Valerie a retard.

Sounds like an admission
against penal interest
to me, Ms. Wilderman.

Gina Bowman would
have been charged
as an accomplice,

if she hadn't struck
a deal with the State.

Accomplice testimony is
insufficient without
corroboration.

Her testimony doesn't
establish an element
of the crime,

it repudiates their
affirmative defense.

Hold on. Hold on, everybody.

Gina Bowman says the boys
called the girl a retard.

The boys say they didn't.
What does the alleged
victim say about it?

Well, during the People's
psychiatric examination,

she was asked
if the boys ever
called her any names.

She said, "No."

And you have no corroboration
of Gina Bowman's statement?

No independent proof the boys
knew the girl's mental state?

We don't need it!

The burden is on the Defense
to prove the defendants
didn't know.

Don't tell me
my job, Ms. Ross.
The statement is out.

Let's just
throw out the rules of
evidence along with it!

Counselor, watch yourself.

She has a birth defect
that retards natural
intellectual development.

Valerie Maxwell
is 18 years old.

What would you say is
her intellectual age?

Equivalent to
a child of 12.

According to the
adaptive behavior scale,

her social skills are
those of a 10-year-old.

Could you give us
your medical opinion of
her decision-making ability?

She showed no ability

to balance pros and cons
and apply her own values.

Quite simply, she's incapable
of making an informed decision

to engage in sexual activity.

Are you
familiar with the term
"mainstreaming," Doctor?

Yes. In Valerie's case,

it's an attempt
to integrate someone
with a mental disability

into what we would
consider normal life

by having her attend
a regular school.

But she ate lunch in a room
away from the other kids?

No, I don't
believe she did.

Oh.

They had a special bus
come and pick her up
every day,

did they?
No.

So I assume the school
made her wear

some kind of scarlet "D"
for disabled on her
dress each day?

No.
Of course not.

So if one could see Valerie
riding the same bus with
all the other kids,

eating the same lunches,

one could actually think
she was just like all
the other kids,

isn't that right, Doctor?

They might, until they
actually talked to her.

I don't think
Valerie and these boys

were in the music room
for conversation.

No more questions.

Hayden told me to
take off my clothes.

And what did you do?

I laughed.

Why did you laugh, Valerie?

Because Randy and
Roscoe were laughing.

Someone must
have told a joke.

Did you take
your clothes off?

Yes.

And then Randy laid down
on top of me and started
bouncing.

What was he doing?

Mmm...

He went inside me
with his penis,

and then Hayden and
Roscoe, they did it too.

Did they do anything else?

They gave me
a bottle of cream soda.

Did you drink it?

Yeah.

Did they do
anything else?

Mmm...

They put it inside me, too.

Did they laugh
about that, too?

Yes.

Before they left,
did they say anything to you?

Hmm.

They told me
I shouldn't say
anything to anybody.

Sorry.

Did you
enjoy it, Valerie?

Your Honor...

Sit down, Mr. McCoy.

Answer the question,
young lady.

It made me feel pretty.

When you went
into the music room,
what were you wearing?

Objection.
Approach, Your Honor?

CPL 60-48, the victim's
manner of dress is
inadmissible.

Her awareness of her sexuality
and how others perceived her
is central to this case.

Given the circumstances,
Mr. McCoy, it's relevant.

I'm giving notice
of intent to appeal.

Appeal all you want.
Step back.

What were you wearing,
Valerie?

I was... I was wearing
a white cut off T-shirt,

you know,
it showed off my tummy.

I have a flat tummy.

And a black mini-skirt.

That's not what you wore
to school though, is it?

No. I got changed
in the girls' room.

My dad makes me wear
boring clothes to school.

But that's not
what boys like.

You're curious
about boys and sex,
aren't you, Valerie?

I think about it
all the time.

What do you do
when you think about it?

I get excited. A lot.

I know it was
wrong what we did,

but we really didn't know
she wasn't, you know, normal.

How did it come about
that you had sex with
Valerie Maxwell?

Well, a friend of ours,
Gina, told us that,

you know, Valerie
wanted to have sex.

And once in the music room,
did Ms. Maxwell object to
having sex?

No, sir. Like
I said, she asked us for it.

Mmm-hmm.

So you talked
to Valerie prior to
having sex with her?

A little bit.

Did you notice that she had
any peculiar mannerisms or
patterns of speech?

Yeah.
Sure. But, I mean,

a lot of kids in our
school are dopeheads,
you know.

They all sound kind of goofy.

If she was
just another girl,

why did you instruct her
not to tell anybody?

Well, because we didn't
want to get suspended
for having sex in school.

First of all, didn't you
tell the police that you
didn't mind being suspended?

Yes.

And didn't you
tell dozens of people
about your other girls?

Yeah.

So why didn't
you want the world to
know about this conquest?

Is it because you knew
that you had crossed
the fine line

between stud and rapist?

No!

Did you have a belated
attack of shame,
Mr. McLaughlin?

Were you suddenly sorry

that you had taken
advantage of a girl
you knew was retarded?

Objection.

Nothing further.

Have you reached a verdict?

We have, Your Honor.

The defendants
will please stand.

In the matter
of The People v.
Hayden McLaughlin,

on the count of rape
in the third degree,
how do you find?

We find
the defendant guilty.

In the matter
of The People v.
Randall Baxter,

on the count of rape
in the third degree,
how do you find?

We find
the defendant guilty.

And in the matter
of The People v.
Roscoe Johnson

on the count of rape
in the third degree,
how do you find?

We find
the defendant guilty.

And thank you,
ladies and gentlemen,
you are dismissed.

Any motions, Mr. Painter?

Excuse me, Your Honor?

Does the Defense
wish to make a motion?

CPL 290.10, the Defense
moves to set aside
the jury's verdict.

Objection.
The prosecution
proved its case!

What case, Mr. McCoy?

Have we gone
so far down the road
of political correctness

that sex between willing
partners is now called rape?

The girl said yes.

She has the mind of a child!

Well, she's mature enough
to be plenty intrigued by
her own sexuality.

Face it, Counselor,
she had the time
of her life.

Case dismissed.

Your Honor,
we've had 16 votes.

We're deadlocked
and we're not gonna
come up with a verdict.

Very well.
Now you can sit down.

I have no choice here
but to declare a mistrial.

The jury is dismissed with
our thanks. Bail is continued.

Counsel, meet at the earliest
to set a new trial date.

Nice going, Counselor.

Are you
appealing the ruling?

What the hell was
Judge Wright thinking?

He hasn't
had a thought since
the Carter Administration.

Doesn't have to.

He's a judge.
He's within his rights.

I'll have a notice of
appeal ready on Monday.

By the time
the Appellate Division
puts its mind to this,

those boys will be
in graduate school.

Judge Wright might've
committed reversible error.

In the meantime,
the boys are free
to ply their trade

and this moron is
still sitting on
the bench.

Stop ranting

and find hard evidence
that the boys knew
that the girl was retarded.

Spoon feed this to
Judge Wright,
make him gag on it.

Bow tie straight?

Oh! Should I offer
my best wishes, Ms. Ross?

Thank you.

Fundraisers.

David proposed last night.

Set a date?

Not yet.

What rock are
we gonna turn over
to find new evidence?

I told you, I don't know
how Roscoe knew Valerie.

The deal we made with
you is out the window if
you don't tell the truth.

It is the truth.

All I know is
Roscoe said he knew her.

I didn't know
they were going to
be mean to Valerie.

I just wanted
them to like me.

I wish Sally'd
shot them all.

Did you know
Sally had a gun?

Yes.

When did you find out?

The day before
she shot at them.

I heard she got it
from her father's
restaurant.

Did you tell the boys?

Gina?

I just told them
they'd better
watch out for her.

What did they say?

Randy just said
he wasn't gonna back
down from any punk bitch.

Remember the principal who got
shot in the Red Hook Projects?

Caught in crossfire,
People v. Russell.

The Russell court
ruled that anybody

who recklessly
creates a zone
of danger

is responsible
for the results.

Specifically,
harming innocent bystanders.

But the court also
said there's no liability
for responding to an ambush,

which is what
Randy Baxter was doing.

Randy told Gina
he wouldn't back down.

He helped create
the zone of danger.

We can charge
all three of them
with attempted murder.

It won't fly.
It's too big a stretch.

I wasn't thinking
of going to trial with it.

We could use it as a club.
All right.

Charge them all.
And lean on the weak link.

You know this
isn't attempted murder.
You're just bullying the boy.

I'm going ahead
with this, Counselor.

Minimum mercy.
Maximum sentence.

Sally fired first.
She says different,
she's a liar.

Shut up.

Sally Maxwell created
the zone of danger.

Randy Baxter
responded to an ambush.

Why the hell are you
charging my client
with anything?

I'm charging all three.
First one who folds,
gets a walk.

You know what you'll do
for attempted murder, Roscoe?

Fifteen-to-life.

I'm offering one year
for sexual abuse in
the second degree.

If he testifies that he
and his pals knew Valerie's
condition prior to raping her.

You can't push
Russell this far.
No court will buy it.

Do you want to take
that chance, Roscoe?

One year now guaranteed
or possibly the rest
of your life?

The only ones who could say
what the truth was,

were the 12 citizens
impaneled to hear
the evidence.

The jury made a mistake.
His Honor just set
things right.

Even accepting that,

Mr. Johnson
was not prepared
to testify at that time.

He has now sworn
that his co-defendants
knew Valerie was retarded.

Another accessory.

Your Honor, you can't permit
a wholesale substitution of
accomplice testimony.

Roscoe Johnson establishes
an independent source for
Gina Bowman's statement.

Your Honor...
Enough.

I want to hear it
from the horse's mouth.

Have Roscoe Johnson in
my courtroom first thing
in the morning.

Then at least
give me the opportunity to
re-examine Valerie Maxwell.

Fair enough.

I'd go to her dad's
restaurant sometimes.
I saw her waiting tables.

Did the conversation
ever extend to more than
your order?

She's cute so I'd try to talk
to her but it's kinda hard.

How so?

Well, at first, I don't know,
you think, she's pulling
your leg or something,

acting like she's
some kinda little girl.

Uh, then you realize
she's being serious.

So you knew
she was mentally disabled?

Yeah.

She told me she was
in those special-ed
classes.

It was pretty
obvious anyway.

What happened when you
met her again in school?

Gina brought her in
and I said, "Hi, Valerie."

She didn't recognize me.

Hayden asked me if I know her
how come she doesn't know me?

And that's when I told him
and Randy about her being
retarded and all.

How did they respond?

They laughed.

Hayden told her, "It'd
be cool doing a retard."

Did any of the boys
ever make fun of you?

Dr. Skoda asked you
if they ever called you
names, didn't he?

I told him friends
don't do that to
each other.

Right.
You told him these boys
are your friends, am I right?

Yes.

Did they call you a retard?

No.

Thank you, Valerie.

Valerie, before
you came in here today,
Roscoe Johnson was here.

Would it surprise you
that he said Hayden
did call you a retard?

Roscoe said that?

Was he lying?

No.

What did he call you?

It's very important that
you tell the truth, Valerie.

Hayden called me a retard!

Thank you.

But I told them that I'm not.

I'm just like
everybody else.

But Hayden said you were.

He called you that name.

And that's what matters here.

Thank you, Valerie.

But he didn't mean it.

He likes me.

I'm finished
with the witness.

No. Apparently,
she's not finished
with you, Mr. McCoy.

Now, Valerie,
Hayden called
you a retard

and you told him you
weren't, is that right?

Yes, sir.

And after that,
did he keep on
calling you a retard?

No.

Did you like what
the boys did to you?

I did what I wanted.

Your Honor, the Defense
requests you deny
the State's motion

to reverse
your prior ruling.

Granted.

You set aside
the jury's verdict

because you unfairly
held the State responsible

for proving the
boys' prior knowledge.

The State has now done so
and you still refuse?

Mr. McCoy, it's over.

There is no case here.
There never was.

How would you know?

You made up
your mind before you heard
the first word of testimony!

You're on thin ice,
Counselor!

The Defense request
is granted.

The State's motion is denied!

You want to appeal?
Be my guest!

I walk in the hallways
at school.

And I hear
what the other kids
are saying about me.

They think I'm different.

Well, I may not be smart,
but I'm just like
everybody else.

See, sometimes I see a boy

and I want to talk to him.

But I get nervous

'cause maybe
he won't like me.

Or maybe
he'll make fun of me.

But Hayden and Randy
and Roscoe, they liked me.

But they made fun
of you, didn't they?

I don't want to be
what they call me
in school!

The retard who got raped.

I had sex
because I wanted to.

Valerie, could you wait
outside for a moment, hmm?

We still have a viable
appeal, Mr. Maxwell.

No. I don't want you
to take this any further.

I want her to
keep her dignity.

She lied.

What about the
attempted murder charges
against Hayden and Randy?

We'll never make
them stick in court.

Let the indictment stand
anyway. Let 'em sweat.

Looks like
it happened last night.

We got a tip
about an hour ago.

All right, CSU hasn't
finished with her yet.

Oh...

She went quick.

Two taps,
back of the head.

You did this!
You son of a bitch!

If it's Jones,
we'll get him, Lennie.
Whoever it is, we'll get him.

She was my baby, Rey.

What am I gonna do?

You're gonna come
home with me, partner.