1 00:00:00,040 --> 00:00:04,120 In a criminal justice system, sexually based offenses are considered especially 2 00:00:04,120 --> 00:00:09,220 heinous. In New York City, the dedicated detectives who investigate these vicious 3 00:00:09,220 --> 00:00:12,800 felonies are members of an elite squad known as the Special Victims Unit. 4 00:00:13,080 --> 00:00:14,360 These are their stories. 5 00:00:33,710 --> 00:00:34,710 Thank you. 6 00:01:31,240 --> 00:01:32,240 Is this yours? 7 00:01:47,240 --> 00:01:48,400 You alright? 8 00:01:52,800 --> 00:01:56,820 I... I think I was raped. 9 00:02:13,150 --> 00:02:14,830 Special victims? Yeah, I'm Betson. 10 00:02:15,130 --> 00:02:16,009 All right. 11 00:02:16,010 --> 00:02:17,950 Emily, can we get you back to the bed? 12 00:02:18,850 --> 00:02:20,450 I flew up. It's okay. 13 00:02:21,130 --> 00:02:25,770 That's okay. So, Emily, I'm Olivia, and I'm a police captain. 14 00:02:26,390 --> 00:02:29,410 And, uh, you up? You up for answering a few questions? 15 00:02:30,490 --> 00:02:32,970 Can I see my... Yeah. Here you go. 16 00:02:36,070 --> 00:02:37,170 We get a BAC? 17 00:02:37,770 --> 00:02:40,290 Double. So, Emily, how much did you have to drink? 18 00:02:41,770 --> 00:02:43,440 Two. Two drinks. 19 00:02:44,920 --> 00:02:49,020 Tequilas. Mm-hmm. And a four-way clause. 20 00:02:49,360 --> 00:02:50,920 Okay, so six drinks. 21 00:02:54,740 --> 00:02:58,760 And then we went to Josh's and had some more. 22 00:03:00,700 --> 00:03:02,020 And then I don't remember. 23 00:03:02,360 --> 00:03:03,680 I think they were forcing her to drink. 24 00:03:05,700 --> 00:03:08,840 Is that true, Emily? Were they forcing you to drink? 25 00:03:13,070 --> 00:03:14,070 Yeah, maybe. 26 00:03:14,850 --> 00:03:21,330 Okay, so right now, how about we stick to what you actually do remember, okay? 27 00:03:21,910 --> 00:03:22,910 Emily? 28 00:03:23,450 --> 00:03:24,810 So who is Josh? 29 00:03:27,490 --> 00:03:28,550 He's my friend. 30 00:03:31,290 --> 00:03:35,570 They all are, except for that one guy. Three men took turns. 31 00:03:36,350 --> 00:03:38,050 And you were passed out, right, Emily? 32 00:03:43,160 --> 00:03:46,600 No, remember, we talked about that. Can you come outside and talk to me, please, 33 00:03:46,600 --> 00:03:47,079 for a moment? 34 00:03:47,080 --> 00:03:48,080 Excuse us. 35 00:03:54,580 --> 00:03:59,980 I appreciate that you're trying to help. I really do. But right now, I need to 36 00:03:59,980 --> 00:04:05,260 hear the facts as she remembers them, not a story that's altered to get a 37 00:04:05,260 --> 00:04:06,260 better outcome. 38 00:04:06,440 --> 00:04:07,620 I'm just helping her remember. 39 00:04:07,840 --> 00:04:10,240 Well, actually, you were answering. 40 00:04:10,810 --> 00:04:15,030 For her. And I get it. I really do. But trust me, that will bite us in the ass 41 00:04:15,030 --> 00:04:16,029 at the end. 42 00:04:16,250 --> 00:04:20,149 Facts are that she excessively drank. Of her own volition. You know how this ends 43 00:04:20,149 --> 00:04:23,190 for her. I don't. And quite frankly, neither do you. 44 00:04:25,670 --> 00:04:26,670 You know, it's so weird. 45 00:04:27,310 --> 00:04:29,650 You're in a position where you could actually help her. 46 00:04:30,930 --> 00:04:31,930 You just won't. 47 00:05:27,060 --> 00:05:29,700 Usually I only have a couple, but I had off today. 48 00:05:30,440 --> 00:05:32,320 So I just, like, figured let loose, right? 49 00:05:34,960 --> 00:05:36,760 It screwed up so bad. 50 00:05:37,120 --> 00:05:38,120 I did this to myself. 51 00:05:38,400 --> 00:05:42,060 Emily, was it the best idea to drink that much? 52 00:05:42,660 --> 00:05:49,060 It wasn't. Does that mean that anyone is allowed to touch you or do anything to 53 00:05:49,060 --> 00:05:50,620 you without your consent? 54 00:05:54,800 --> 00:05:58,520 So what happened after you realized that you were alone with him? 55 00:06:05,120 --> 00:06:07,320 I started to get the spins. 56 00:06:07,760 --> 00:06:08,760 Okay. 57 00:06:12,320 --> 00:06:18,980 I remember I was looking for a glass of water in the kitchen, and then I was 58 00:06:18,980 --> 00:06:20,720 walking up the stairs. 59 00:06:21,900 --> 00:06:23,580 I was in a bed. 60 00:06:26,380 --> 00:06:32,100 And Josh was, like, on top of me, trying to kiss me. 61 00:06:32,360 --> 00:06:35,640 And Daniel and Scott. 62 00:06:39,460 --> 00:06:41,060 Somebody took my pants off. 63 00:06:42,420 --> 00:06:46,520 I kept asking for my phone. 64 00:06:46,960 --> 00:06:50,300 Okay, that's good, Emily. Did you say anything else? 65 00:06:50,660 --> 00:06:51,660 Do you remember? 66 00:06:54,220 --> 00:06:56,540 Kept asking Josh if his mom was home. 67 00:06:57,440 --> 00:06:59,520 Because I just kept hoping she would come in. 68 00:06:59,880 --> 00:07:03,520 Emily, this is really important. I need you to try to remember. 69 00:07:03,800 --> 00:07:07,120 Did you say anything else to them? 70 00:07:07,600 --> 00:07:11,980 Did you say no or try to push them off? 71 00:07:13,540 --> 00:07:14,720 I don't remember. 72 00:07:18,800 --> 00:07:20,460 I mean, it doesn't matter, does it? 73 00:07:20,820 --> 00:07:22,720 Like, I was so drunk, it's obvious. 74 00:07:23,950 --> 00:07:26,410 Like, who thinks I'd be down for a gangbang with you guys? 75 00:07:26,870 --> 00:07:31,970 And I'm just trying to get the full picture here. 76 00:07:35,270 --> 00:07:38,590 Look, the nurse said to just say that I passed out. 77 00:07:39,670 --> 00:07:43,450 I could say that if it helps my case. The only thing that I want you to think 78 00:07:43,450 --> 00:07:47,350 about is just telling the truth, okay? 79 00:07:48,450 --> 00:07:50,750 You let me worry about this case. 80 00:07:51,450 --> 00:07:52,530 So let's start. 81 00:07:53,080 --> 00:07:54,400 With the guys' names, okay? 82 00:07:54,640 --> 00:07:55,479 Mm-hmm. 83 00:07:55,480 --> 00:07:57,700 Josh. Josh. What's Josh's last name? 84 00:07:58,240 --> 00:08:02,600 Joshua Berger, Daniel Sutcliffe, and a public record search-turned-dub Daniel's 85 00:08:02,600 --> 00:08:04,400 maternal cousin, Scott Paletta. 86 00:08:04,680 --> 00:08:07,280 Emily picked him out of a photo array. He's our guy. 87 00:08:07,880 --> 00:08:11,940 Oh, new partner gets coffee. Never did that for me. Well, that's because I know 88 00:08:11,940 --> 00:08:14,720 how to train my detectives. It's a little sweet. I love slide this time. 89 00:08:15,420 --> 00:08:16,420 Any priors? 90 00:08:17,020 --> 00:08:18,020 Squeaky clean. 91 00:08:18,060 --> 00:08:21,460 Well, it doesn't look like she was drugged. Preliminary tox screen only 92 00:08:21,460 --> 00:08:23,320 shows alcohol, 0.17. 93 00:08:23,560 --> 00:08:26,520 You can't give consent when you're that drunk. Legally drunk people can give 94 00:08:26,520 --> 00:08:27,980 consent. 0.17? 95 00:08:28,200 --> 00:08:29,340 Come on, man. She was wasted. 96 00:08:29,540 --> 00:08:32,440 Well, think about any girl you had sex with in college. Were they drunk? Did 97 00:08:32,440 --> 00:08:36,860 you get consent? This isn't some college hookup. This is three men taking turns 98 00:08:36,860 --> 00:08:40,320 on an inebriated person. But the law says that a victim has to be physically 99 00:08:40,320 --> 00:08:45,300 helpless or given an intoxicating substance without consent. 100 00:08:45,880 --> 00:08:49,180 Then the law is garbage. I couldn't agree with you more. And legislature 101 00:08:49,180 --> 00:08:53,580 even tried to change it this summer, but the session ran out before there was a 102 00:08:53,580 --> 00:08:55,140 vote, so we're stuck with this garbage. 103 00:08:56,220 --> 00:09:00,860 So, let's talk to these three individually before their lawyers get 104 00:09:00,860 --> 00:09:01,860 involved. 105 00:09:01,900 --> 00:09:05,900 If we're lucky, we flip one of them. 106 00:09:09,040 --> 00:09:10,540 Do you know Emily Dawson? 107 00:09:11,400 --> 00:09:14,580 Yeah. Uh, we met last night at trivia. 108 00:09:15,569 --> 00:09:17,690 Is she okay? Did you do anything after trivia? 109 00:09:18,050 --> 00:09:20,490 We went to one of the guys' places for drinks. 110 00:09:21,290 --> 00:09:22,290 Josh, I think. 111 00:09:22,590 --> 00:09:24,410 I'm new to the group. I don't know everyone yet. 112 00:09:25,650 --> 00:09:26,589 What's this about? 113 00:09:26,590 --> 00:09:29,930 So we got this weird allegation that we are required to look into. 114 00:09:31,510 --> 00:09:34,970 Allegation? Yeah, yeah, right now that's all it is, just an allegation. Okay, 115 00:09:35,030 --> 00:09:36,090 Emily told us a story. 116 00:09:36,370 --> 00:09:39,970 She woke up maybe not feeling so good about what happened last night. All we 117 00:09:39,970 --> 00:09:41,450 want to do is hear your side of the story. 118 00:09:41,790 --> 00:09:44,790 Wait, is she saying something happened she didn't want to happen? Why don't you 119 00:09:44,790 --> 00:09:46,210 just tell us what you remember happening? 120 00:09:47,910 --> 00:09:52,270 Look, I mean, you're not wrong, okay? Things got weird. 121 00:09:52,530 --> 00:09:55,710 Like, like really weird. But it was great. 122 00:09:56,010 --> 00:09:59,370 I mean, we were all hanging out. 123 00:09:59,610 --> 00:10:02,550 It was me, Emily, Josh, Daniel. 124 00:10:02,850 --> 00:10:03,850 He's my cousin. 125 00:10:04,450 --> 00:10:09,390 And eventually we were in the bedroom and... 126 00:10:11,050 --> 00:10:13,830 I mean, I can safely say I've never done anything like that. 127 00:10:14,630 --> 00:10:15,730 Like what, exactly? 128 00:10:18,370 --> 00:10:23,450 Have sex with someone and then watch other people have sex with that person. 129 00:10:23,630 --> 00:10:27,530 Okay. And Emily was actively participating in this? 130 00:10:27,810 --> 00:10:31,050 Yes. Yeah? She gave full consent? She said yes? 131 00:10:31,350 --> 00:10:32,350 Well, she didn't say no. 132 00:10:34,150 --> 00:10:37,450 And, I mean, she was acting, like, very into it. Like, very. 133 00:10:37,950 --> 00:10:38,950 Oh? 134 00:10:39,090 --> 00:10:40,110 What does that look like? 135 00:10:41,450 --> 00:10:42,890 Kissing. Me. 136 00:10:43,310 --> 00:10:45,270 Everyone. Did she take off her own clothes? 137 00:10:45,530 --> 00:10:47,350 I think someone took off her pants. 138 00:10:47,810 --> 00:10:49,850 Josh, maybe. Did she ever lose consciousness? 139 00:10:50,270 --> 00:10:51,270 No. What? 140 00:10:51,530 --> 00:10:52,530 Absolutely not. 141 00:10:53,230 --> 00:10:57,470 If I thought for a single second she was too out of it or didn't want to, I 142 00:10:57,470 --> 00:10:58,470 definitely would have stopped. 143 00:10:59,710 --> 00:11:01,590 God, I feel... I mean, I feel terrible. 144 00:11:02,910 --> 00:11:04,890 I was going to call her later and ask her out. 145 00:11:06,050 --> 00:11:07,050 Guess not, huh? 146 00:11:13,500 --> 00:11:14,500 Daniel Sutcliffe? 147 00:11:14,600 --> 00:11:17,380 Yeah? I need to talk to you. Why don't we sit down inside? 148 00:11:17,820 --> 00:11:18,820 What's this about? 149 00:11:19,180 --> 00:11:20,480 Danny, is that an Instapart? 150 00:11:20,920 --> 00:11:24,780 Your girlfriend know what you got into last night? No, babe, it's... Hey, just 151 00:11:24,780 --> 00:11:25,780 a sec. 152 00:11:25,880 --> 00:11:28,060 She must not be in the trivia. 153 00:11:29,180 --> 00:11:31,740 What do you want? Emily Dawson. What about her? 154 00:11:31,940 --> 00:11:34,020 You remember what happened to her last night? 155 00:11:34,580 --> 00:11:36,140 It wasn't planned. It just happened. 156 00:11:36,340 --> 00:11:38,860 So you raping her with two of your boys just happened? 157 00:11:39,120 --> 00:11:39,859 Whoa, whoa, what? 158 00:11:39,860 --> 00:11:43,600 What? Is that what she's saying now? That's the story. If you got a better 159 00:11:43,600 --> 00:11:46,960 one, it's your time to tell it. No, no way. She doesn't get to wake up and cry 160 00:11:46,960 --> 00:11:48,760 rape just because she feels like a skank now. 161 00:11:49,120 --> 00:11:53,620 Man, she was the one making us do shots, grabbing my crotch. She's a tease. So 162 00:11:53,620 --> 00:11:55,280 you decided to make her pay for it? No. 163 00:11:57,490 --> 00:12:00,790 Josh had a crush on her. I don't even like her that way. And then she friend 164 00:12:00,790 --> 00:12:04,650 -zoned him, and she's flirting with him all night. And you want me to believe 165 00:12:04,650 --> 00:12:08,070 that she decided to take on three guys at once? Man, she was coming on to all 166 00:12:08,070 --> 00:12:10,230 of us. If she regrets it now, that's her fault. 167 00:12:12,190 --> 00:12:13,790 I know I don't have to talk to you. 168 00:12:14,030 --> 00:12:19,130 Josh, we could arrest you right here in front of all your colleagues, but I'd 169 00:12:19,130 --> 00:12:21,310 really rather just talk. Maybe we can clear this whole thing up. 170 00:12:21,510 --> 00:12:22,730 I didn't do anything wrong. 171 00:12:23,930 --> 00:12:26,390 No harm in answering some questions. 172 00:12:27,540 --> 00:12:29,920 Like, how long you been carrying a torch for Emily? 173 00:12:32,320 --> 00:12:33,320 We haven't said that. 174 00:12:34,520 --> 00:12:36,260 That was forever ago. We're friends. 175 00:12:37,000 --> 00:12:39,420 So, you used to have a crush, but not anymore? 176 00:12:39,620 --> 00:12:40,900 I'm not saying anything else. 177 00:12:41,280 --> 00:12:48,120 But if she's sending you mixed signals, right? I mean, I can see how you'd get 178 00:12:48,120 --> 00:12:50,040 confused. I mean, why'd you take her clothes off? 179 00:12:50,320 --> 00:12:51,760 She told me to lie down with her. 180 00:12:52,620 --> 00:12:55,740 She had this pen. She said she wanted to hold on to something. So you did get in 181 00:12:55,740 --> 00:12:58,620 the bedroom? Seriously, I'm not saying anything else. What I understand is no 182 00:12:58,620 --> 00:12:59,700 one was making her drink. 183 00:13:00,480 --> 00:13:03,580 So the fact that she was out of it, that's her fault, not yours. 184 00:13:04,120 --> 00:13:05,120 I'm not talking anymore. 185 00:13:05,960 --> 00:13:11,280 I've seen these situations before. And usually, there's a ringleader. 186 00:13:12,160 --> 00:13:13,160 There's an instigator. 187 00:13:15,140 --> 00:13:16,360 I don't think that's you. 188 00:13:16,760 --> 00:13:20,740 The fact that it happened at your house doesn't look good for you. 189 00:13:21,200 --> 00:13:24,620 So you should tell us before we find something that could really hurt you. 190 00:13:24,820 --> 00:13:26,820 My mom says you don't have permission to search. 191 00:13:27,060 --> 00:13:28,039 Oh, buddy. 192 00:13:28,040 --> 00:13:29,060 It's already happening. 193 00:13:34,100 --> 00:13:35,760 I am looking right at it. 194 00:13:36,860 --> 00:13:37,940 Oh, hi. 195 00:13:40,160 --> 00:13:42,560 That's the mother. Yeah, I'm not sensing cooperation. 196 00:13:43,100 --> 00:13:44,100 You're sensing laundry day? 197 00:13:44,420 --> 00:13:47,700 She put all the bed linens in the wash, vacuumed within an inch of her life. 198 00:13:48,300 --> 00:13:51,500 Still got hair imprints. Okay, what about the doorbell cams? She claims it 199 00:13:51,500 --> 00:13:54,000 isn't working. We're subpoenaing the company to see if they've archived any 200 00:13:54,000 --> 00:13:56,760 footage. All right. Thanks. I don't even know what I'm paying you for. If you 201 00:13:56,760 --> 00:14:00,500 can't help me... Mrs. Berger, I'm Captain Benson from SVU. 202 00:14:01,480 --> 00:14:02,480 Speak to my attorney. 203 00:14:04,960 --> 00:14:05,960 Call her back. 204 00:14:06,600 --> 00:14:07,640 You can't do that. 205 00:14:08,020 --> 00:14:10,460 And when he does call you back, let him know that you spent the morning 206 00:14:10,460 --> 00:14:13,400 obstructing an investigation and destroying evidence. 207 00:14:15,300 --> 00:14:20,100 Look, I know that you don't want to see your son in trouble, but covering for 208 00:14:20,100 --> 00:14:23,400 him is only going to hurt him in the long run. 209 00:14:25,680 --> 00:14:26,960 I have nothing to say. 210 00:14:30,860 --> 00:14:32,220 Nothing from the phone dump. 211 00:14:32,730 --> 00:14:36,070 These guys might be clowns, but they know not to text anything incriminating. 212 00:14:36,170 --> 00:14:39,510 Hey, you get anything from CSU? Yeah, the mother wasn't lying about the busted 213 00:14:39,510 --> 00:14:40,630 door cam. There's no footage. 214 00:14:40,910 --> 00:14:44,730 They got DNA, but until we get the rape kit back, we got nothing to compare it 215 00:14:44,730 --> 00:14:47,390 to. And even if it matches, they're claiming the sex was consensual. 216 00:14:47,670 --> 00:14:52,030 Hey, sorry I'm late. I got held up with the new ADA mentee. How's that going? 217 00:14:52,250 --> 00:14:55,150 I doubt this guy's ever talked to a police officer in his life. He's a 218 00:14:55,150 --> 00:14:57,350 snazzy dresser, and Sonny's feeling threatened. 219 00:14:58,490 --> 00:15:01,860 Look. I'm saying, is this guy's dying? Of course, more than our quality. Yeah, 220 00:15:02,080 --> 00:15:04,560 it does. These guys, they all sticking to this story? 221 00:15:04,880 --> 00:15:08,160 More or less. If there's a weak link in the bunch, it's Josh. 222 00:15:08,540 --> 00:15:11,500 And if there's a sociopath, it's Scott. I mean, he said all the right things, 223 00:15:11,560 --> 00:15:13,400 and I wasn't buying it for a minute. And what about Daniel? 224 00:15:13,740 --> 00:15:16,000 Dying story in cell, begging for an ass-kicking. 225 00:15:16,360 --> 00:15:18,940 He ratted out Josh for having a crush on the victim. 226 00:15:19,200 --> 00:15:21,700 But as soon as we bring him in, they all lawyer up, and they stop talking. 227 00:15:22,540 --> 00:15:24,880 All right, we need one of these guys to flip. The mom knows. 228 00:15:25,520 --> 00:15:28,620 Mom protected him and tampered with evidence. She wants to be a good mom. 229 00:15:29,160 --> 00:15:31,920 And I am going to give her another chance. 230 00:15:37,880 --> 00:15:38,880 He's not here. 231 00:15:39,220 --> 00:15:42,320 I actually came to speak with you. 232 00:15:42,560 --> 00:15:46,040 Well, I told you I have nothing to say. You know, I have a son. 233 00:15:47,240 --> 00:15:53,900 And every day I hope and I pray that he will grow up to be a good man. 234 00:15:55,280 --> 00:15:56,860 But at the end of the day... 235 00:15:57,230 --> 00:15:59,690 Our children make their own choices. 236 00:16:00,210 --> 00:16:04,690 And it doesn't mean that we messed up as parents if they make the wrong choice. 237 00:16:06,270 --> 00:16:13,070 But if you teach your son that he's not responsible for his actions, that is 238 00:16:13,070 --> 00:16:14,070 on you. 239 00:16:15,110 --> 00:16:20,490 That is a mistake, one that he will pay for over and over 240 00:16:20,490 --> 00:16:23,890 long after you're gone. 241 00:16:30,320 --> 00:16:33,560 I wanted something for the back door, so I just set up an old webcam. 242 00:16:35,180 --> 00:16:39,860 And when I heard the police were talking to Josh, I gave it to a neighbor. 243 00:17:02,380 --> 00:17:03,700 I raised him to be better. 244 00:17:05,280 --> 00:17:06,839 He knows this is wrong. 245 00:17:23,160 --> 00:17:24,160 Pick them up. 246 00:17:24,900 --> 00:17:25,900 All of them. 247 00:17:29,610 --> 00:17:32,130 Docket number is 89-90-91. 248 00:17:32,430 --> 00:17:36,570 People of the state of New York versus Joshua Berger, Daniel Sutcliffe, Scott 249 00:17:36,570 --> 00:17:38,850 Paletta. One count each rape in the first degree. 250 00:17:39,090 --> 00:17:40,250 Dominic Carisi for the people. 251 00:17:40,510 --> 00:17:43,370 Andrea Vargas representing all three of the defendants, Your Honor. 252 00:17:43,610 --> 00:17:45,750 Waivers have been signed, I presume? Yes, Your Honor. 253 00:17:46,130 --> 00:17:47,130 The plea? 254 00:17:47,170 --> 00:17:48,170 Not guilty. 255 00:17:48,730 --> 00:17:50,570 Proceed. This was a gang rape. 256 00:17:50,910 --> 00:17:54,410 The defendants egged each other on and then took turns with the victim over a 257 00:17:54,410 --> 00:17:55,430 protracted period of time. 258 00:17:55,980 --> 00:17:59,140 It's a Class B felony, and the people request remand. She was voluntary in 259 00:17:59,140 --> 00:18:02,400 talks. Your Honor knows the law on that. Plus, the evidence is clear that this 260 00:18:02,400 --> 00:18:03,940 was a consensual encounter. 261 00:18:04,620 --> 00:18:08,340 Consensual? She was barely conscious, Your Honor. You expect us to believe 262 00:18:08,340 --> 00:18:11,360 that she wanted these three men to do whatever they felt like to her body? 263 00:18:11,500 --> 00:18:15,080 Look, is it my cup of tea? No, but believe it or not, there are some people 264 00:18:15,080 --> 00:18:18,580 who favor multiple partners. I can assure you that the victim is not one of 265 00:18:18,580 --> 00:18:20,400 them. These young men have never been arrested. 266 00:18:20,860 --> 00:18:23,240 They deserve release or a reasonable bail. 267 00:18:24,990 --> 00:18:25,990 Romand is granted. 268 00:18:26,310 --> 00:18:27,310 Next case? 269 00:18:28,190 --> 00:18:33,470 Captain Olivia Benson. 270 00:18:33,970 --> 00:18:37,250 Meet Aiden Hawkins, fresh out of criminal court and Harvard Law. 271 00:18:37,970 --> 00:18:39,630 Impressive. Looking forward to working with you. 272 00:18:39,850 --> 00:18:42,630 Great. All right, training starts with jury selection, Hawkins. 273 00:18:42,930 --> 00:18:43,950 You're doing the voir dire. 274 00:18:49,450 --> 00:18:50,950 Who here has ever been drunk? 275 00:18:54,480 --> 00:18:55,480 I know I have. 276 00:18:57,020 --> 00:18:58,020 Oh, come on. 277 00:18:58,580 --> 00:19:01,300 There's no judgment. I'm not going to ask you about your drug and escapades. 278 00:19:04,480 --> 00:19:05,480 Thank you. 279 00:19:07,780 --> 00:19:10,040 Does intoxication affect someone's judgment? 280 00:19:11,320 --> 00:19:12,700 Yeah, for sure. 281 00:19:13,680 --> 00:19:17,500 And if they're very intoxicated, do you believe they make good decisions? 282 00:19:18,160 --> 00:19:19,160 Not usually. 283 00:19:19,360 --> 00:19:20,360 He's good. 284 00:19:21,810 --> 00:19:23,230 What is your beef with him? 285 00:19:23,810 --> 00:19:24,890 Aside from the tie. 286 00:19:26,370 --> 00:19:27,370 He's a rich kid. 287 00:19:27,610 --> 00:19:29,490 He's definitely not sticking around nice for you. 288 00:19:29,710 --> 00:19:34,370 Do you believe someone who has become intoxicated voluntarily, automatically 289 00:19:34,370 --> 00:19:36,590 consents to whatever happens to them? 290 00:19:36,910 --> 00:19:37,910 I don't think so. 291 00:19:38,210 --> 00:19:39,210 Why not? 292 00:19:39,350 --> 00:19:40,350 You're not yourself. 293 00:19:41,190 --> 00:19:43,470 You can be influenced to do things you wouldn't normally do. 294 00:19:44,570 --> 00:19:47,730 Mr. Hawkins, we're about to hit noon. Let's break for lunch. 295 00:19:48,410 --> 00:19:49,870 We're back in an hour. See ya. 296 00:19:58,350 --> 00:19:59,350 It's 4 and 11. 297 00:19:59,450 --> 00:20:00,450 What? 298 00:20:01,790 --> 00:20:02,790 Trust me. 299 00:20:09,710 --> 00:20:11,070 Hey, Chrissy, who's that? 300 00:20:11,910 --> 00:20:12,910 That's Gwen Shaw. 301 00:20:13,510 --> 00:20:14,510 She's a jury consultant. 302 00:20:15,030 --> 00:20:17,430 Expensive one, too. Usually my office can't afford someone like her. 303 00:20:17,630 --> 00:20:21,310 She gets hired by the big firms. Okay, could she be working for the defense? 304 00:20:21,650 --> 00:20:24,910 I doubt it. She's known to donate her time exonerating people who've been 305 00:20:24,910 --> 00:20:25,910 wrongfully convicted. 306 00:20:25,990 --> 00:20:27,910 Well... She said to bounce 4 and 11. 307 00:20:28,870 --> 00:20:30,210 Then we'll bounce a 4 and 11. 308 00:20:30,410 --> 00:20:32,330 I'm glad she said something. I would have been penalized. Yeah, me too. 309 00:20:32,610 --> 00:20:33,790 All right, not bad up there. 310 00:20:34,050 --> 00:20:35,550 Thanks. I do have some other stuff. 311 00:20:36,050 --> 00:20:37,050 We'll call you when we return. 312 00:20:38,310 --> 00:20:40,050 Thanks for the assist. 313 00:20:40,530 --> 00:20:41,870 I hope that wasn't weird. 314 00:20:42,270 --> 00:20:44,610 I just couldn't walk away without saying something. 315 00:20:44,870 --> 00:20:50,310 I'm Olivia Benson, SVU. Gwen Sharp. Yeah. My ADA was very impressed, and 316 00:20:50,310 --> 00:20:51,930 very little impresses him. 317 00:20:52,520 --> 00:20:53,840 Are you here working on a case? 318 00:20:54,040 --> 00:20:55,940 Mine is still in pre-trial motions. 319 00:20:56,200 --> 00:20:59,340 I like to see what the jury pool is looking like. It's good practice for me. 320 00:20:59,540 --> 00:21:05,220 Okay. Well, what about those jurors' flag for you? 321 00:21:05,680 --> 00:21:10,000 Well, 4 was uncomfortable with any discussion around sex acts. 322 00:21:10,240 --> 00:21:12,620 I think she'll blame the victim when she hears the evidence. 323 00:21:13,080 --> 00:21:14,880 And 11 was lying about alcohol. 324 00:21:15,140 --> 00:21:16,140 She doesn't drink. 325 00:21:16,360 --> 00:21:18,220 I'd worry she'd judge anybody who does. 326 00:21:18,880 --> 00:21:21,640 And you saw all of that from across the room? 327 00:21:22,480 --> 00:21:23,720 I've been doing this for a long time. 328 00:21:25,600 --> 00:21:29,520 I'd be worried about any woman you put on this jury. I know. I know. They judge 329 00:21:29,520 --> 00:21:33,640 other women more harshly. But they project themselves onto the victim. I 330 00:21:33,640 --> 00:21:36,320 would never put myself in that position. This could never happen to me. 331 00:21:36,380 --> 00:21:39,440 Therefore, the victim is to blame. I wish that I could bring you on for the 332 00:21:39,440 --> 00:21:40,440 duration. 333 00:21:40,600 --> 00:21:41,640 I'd prepare yourself. 334 00:21:42,420 --> 00:21:44,080 I think you're invested in the outcome. 335 00:21:45,040 --> 00:21:46,040 Rightly so. 336 00:21:46,360 --> 00:21:48,560 I just don't think this is going to go the way you want it to. 337 00:21:48,760 --> 00:21:50,240 But you haven't heard the evidence. 338 00:21:51,040 --> 00:21:52,040 I mean... 339 00:21:52,300 --> 00:21:56,240 We have these men on video plotting. 340 00:21:56,520 --> 00:22:01,760 This is a very tricky case, but I don't know how anybody sees three men on one 341 00:22:01,760 --> 00:22:04,780 drunk woman as anything other than rape. 342 00:22:06,060 --> 00:22:09,120 You have faith in the system. I hope you're right. 343 00:22:10,200 --> 00:22:12,300 I just wouldn't have gone to trial on this. 344 00:22:18,540 --> 00:22:20,140 I thought they were my friends. 345 00:22:21,760 --> 00:22:23,580 Josh and Daniel I've known for ten years. 346 00:22:24,180 --> 00:22:26,540 And so you had no reason to be on guard with them? 347 00:22:29,500 --> 00:22:30,500 None. 348 00:22:32,980 --> 00:22:34,280 I thought they were safe. 349 00:22:34,960 --> 00:22:35,960 Thank you, Emily. 350 00:22:36,380 --> 00:22:37,380 Nothing further, Your Honor. 351 00:22:38,760 --> 00:22:39,760 Miss Vargas. 352 00:22:42,680 --> 00:22:46,920 Now, is it fair to say that no one made you drink that night, Emily? 353 00:22:49,000 --> 00:22:50,460 No one made me drink. 354 00:22:50,780 --> 00:22:52,720 And you had a lot to drink. 355 00:22:53,020 --> 00:22:55,460 Objection, Your Honor. She testifying. I'll rephrase. 356 00:22:56,920 --> 00:22:58,720 How many drinks did you have that night? 357 00:22:59,260 --> 00:23:00,260 Seven? 358 00:23:01,240 --> 00:23:02,520 I really don't remember. 359 00:23:02,940 --> 00:23:06,540 Oh, would you like me to read your statement to SVU? I think seven or 360 00:23:06,540 --> 00:23:09,460 eight. Now, you could have stopped at any time, correct? 361 00:23:12,280 --> 00:23:17,040 Yes. And as a result, your memory of that night is spotty at best. 362 00:23:18,350 --> 00:23:21,530 I remember enough. I mean, you can't honestly sit here right now and say 363 00:23:21,530 --> 00:23:23,070 whether or not you consented. 364 00:23:24,290 --> 00:23:25,850 I would never consent to that. 365 00:23:26,050 --> 00:23:27,070 Oh, so you said no. 366 00:23:27,730 --> 00:23:29,350 Did you push them away? 367 00:23:29,550 --> 00:23:33,290 Did you do anything to make them stop? Well, I was looking through my phone. I 368 00:23:33,290 --> 00:23:36,570 was just trying to leave. Or were you encouraging them? 369 00:23:38,950 --> 00:23:44,490 No. So now you say no, but isn't it true that you told Captain Benson you don't 370 00:23:44,490 --> 00:23:45,810 remember saying no? 371 00:23:46,070 --> 00:23:47,250 I don't know. 372 00:23:47,600 --> 00:23:50,760 You never said no, did you, Emily? 373 00:23:51,400 --> 00:23:55,400 And then when you woke up, you changed your mind. Objection, Your Honor. She's 374 00:23:55,400 --> 00:23:58,000 badgering. Justine, take it down on that, Counsel. 375 00:24:01,000 --> 00:24:02,280 I have nothing else. 376 00:24:07,440 --> 00:24:08,860 May I direct, Mr. Carisi? 377 00:24:14,380 --> 00:24:15,380 No, Your Honor. 378 00:24:17,580 --> 00:24:18,580 I'm going to leave you free to go now. 379 00:24:19,480 --> 00:24:20,480 You're free to go. 380 00:24:21,900 --> 00:24:22,900 The people rest. 381 00:24:26,760 --> 00:24:29,340 It's all right. Put your game face on. We'll take them apart in the cross. 382 00:24:35,760 --> 00:24:37,100 The defense rests, Your Honor. 383 00:24:48,639 --> 00:24:50,820 Vargas came to me with an offer. What is it? 384 00:24:51,540 --> 00:24:52,900 Forcible touching. Time served. 385 00:24:54,980 --> 00:24:55,980 Time served? 386 00:24:57,580 --> 00:24:58,580 Is she kidding? 387 00:24:59,360 --> 00:25:02,280 Look, we all knew this was going to be a tough case, but at least this way, 388 00:25:02,400 --> 00:25:04,300 they're on the sex offender registry. 389 00:25:04,700 --> 00:25:10,360 Percy, you can't make this deal not after everything that Emily has gone 390 00:25:10,360 --> 00:25:13,700 through. I'm telling you, we're going to get buried here. 391 00:25:14,860 --> 00:25:17,020 And then they're going to walk, and we will have nothing. 392 00:25:17,530 --> 00:25:18,670 I agree with Captain Benson. 393 00:25:20,530 --> 00:25:24,030 Oh, great. Let's hear from the guy who was cutting deals with purse snatchers 394 00:25:24,030 --> 00:25:25,270 in criminal court six months ago. 395 00:25:25,730 --> 00:25:27,870 That deal makes us look bad. It's bad for justice. 396 00:25:28,130 --> 00:25:29,130 It makes us look bad? 397 00:25:30,230 --> 00:25:31,290 Well, so does an acquittal. 398 00:25:32,570 --> 00:25:34,930 That's what we're looking at here. A misdemeanor. 399 00:25:38,290 --> 00:25:39,290 Absolutely not. 400 00:25:40,330 --> 00:25:42,310 Chrissy, you can't settle for that. 401 00:25:45,610 --> 00:25:46,610 You know what, Liv? 402 00:25:47,880 --> 00:25:52,180 It would be nice if, for once, you could give me some credit for knowing what the 403 00:25:52,180 --> 00:25:53,180 hell I'm talking about. 404 00:25:53,520 --> 00:25:55,860 And anyway, I'm here as a courtesy. 405 00:25:57,720 --> 00:25:59,000 I'm not asking for your permission. 406 00:25:59,420 --> 00:26:00,420 All right. Sorry. 407 00:26:01,520 --> 00:26:04,500 Senator, your office called, and the judge wants everybody back. 408 00:26:12,380 --> 00:26:14,740 I have a note here from our jury foreperson. 409 00:26:15,360 --> 00:26:17,260 Our deliberations have stalled. 410 00:26:17,770 --> 00:26:19,870 And we are hopelessly deadlocked. 411 00:26:20,610 --> 00:26:21,650 Pretty unequivocal. 412 00:26:21,950 --> 00:26:24,390 Your Honor, we request that you give the jury an Allen charge. 413 00:26:24,630 --> 00:26:28,250 Already done, Mr. Carisi. Then give them a modified Allen charge. Force them to 414 00:26:28,250 --> 00:26:30,750 restart deliberations until they reach a verdict. They're hung. 415 00:26:31,210 --> 00:26:32,930 And I'm declaring a mistrial. 416 00:26:33,170 --> 00:26:37,070 Your Honor, a motion for the immediate release of my clients? Absolutely not. 417 00:26:37,170 --> 00:26:40,150 The people fully intend to retry this case at the court's earliest 418 00:26:40,150 --> 00:26:42,330 convenience. The bail condition should remain the same. 419 00:26:42,690 --> 00:26:43,690 Yeah, I agree. 420 00:26:44,140 --> 00:26:48,100 The defendants will remain in custody. Oh, and let's bring the jury back in. 421 00:26:48,160 --> 00:26:50,020 We'll thank them for their service. 422 00:26:50,820 --> 00:26:53,180 And then we'll start all over again. 423 00:27:02,820 --> 00:27:07,480 What is this? 424 00:27:08,260 --> 00:27:10,520 Where's my lawyer? I'm Steve Kaplan. 425 00:27:11,080 --> 00:27:14,560 The judge in your case appointed me to be your new defense attorney. What? No, 426 00:27:14,580 --> 00:27:18,260 no, no. I didn't agree to that. Because the district attorney's office has an 427 00:27:18,260 --> 00:27:19,480 offer that you should hear. 428 00:27:19,720 --> 00:27:21,180 You arrested my mother! 429 00:27:22,420 --> 00:27:23,980 She didn't do anything wrong. 430 00:27:25,060 --> 00:27:28,380 We've determined that of the three defendants in this case, you are the 431 00:27:28,380 --> 00:27:29,380 least culpable. 432 00:27:29,680 --> 00:27:33,420 In exchange for your testimony against Mr. Sutcliffe and Mr. Palletta, we can 433 00:27:33,420 --> 00:27:34,420 offer you rape, too. 434 00:27:34,820 --> 00:27:38,540 Sentencing is two and a third to five. Sex abuse, three times served. 435 00:27:39,320 --> 00:27:42,380 He's useless to me as a witness if I give him a misdemeanor. It'll look like 436 00:27:42,380 --> 00:27:43,380 we bought his testimony. 437 00:27:44,520 --> 00:27:45,860 Plead to the felony, testify. 438 00:27:46,260 --> 00:27:47,640 With good behavior, you're out in two. 439 00:27:47,900 --> 00:27:51,400 And any legal issues that your mother is facing, go away. 440 00:27:51,700 --> 00:27:57,060 What you are doing is so messy. What I'm doing is saving you from a potential 20 441 00:27:57,060 --> 00:27:58,060 -year sentence. 442 00:28:02,400 --> 00:28:05,820 From what I understand, more people thought you were guilty than not. 443 00:28:06,540 --> 00:28:08,340 This is a way to save yourself, Josh. 444 00:28:09,450 --> 00:28:10,830 I recommend you take this deal. 445 00:28:17,750 --> 00:28:18,750 Fine. 446 00:28:21,130 --> 00:28:23,590 I'll testify, but my mom has to be out today. 447 00:28:23,830 --> 00:28:26,010 Great news. We'll be in touch as soon as my boss signs off. 448 00:28:33,470 --> 00:28:34,830 What the hell is this, Liv, huh? 449 00:28:35,610 --> 00:28:37,230 After all these years, you're going to go on? 450 00:28:37,450 --> 00:28:40,110 I didn't want to put you in a position. In what position? 451 00:28:41,310 --> 00:28:44,790 Wrongly arresting an innocent woman to get to her son? That one? Sonny, listen. 452 00:28:44,890 --> 00:28:46,470 No, you need to walk away from me right now. 453 00:28:46,730 --> 00:28:47,730 Okay, Kersey. 454 00:28:49,150 --> 00:28:50,150 Let's just pause. 455 00:28:50,710 --> 00:28:51,710 You know what? 456 00:28:53,330 --> 00:28:57,990 You think you're the only person who cares about these victims, and so you 457 00:28:57,990 --> 00:29:02,370 push and you push and you push until you get what you think is justice. Yes, I 458 00:29:02,370 --> 00:29:04,030 do, because somebody has to. 459 00:29:07,790 --> 00:29:09,790 I didn't mean it like that. 460 00:29:10,450 --> 00:29:12,910 That's why you're sitting in the courtroom every day, huh? No. 461 00:29:13,190 --> 00:29:14,730 Watching me to make sure I don't screw up? 462 00:29:15,110 --> 00:29:16,110 Kersey, stop. 463 00:29:16,210 --> 00:29:17,450 That's not it. 464 00:29:19,930 --> 00:29:23,010 I did what needed to be done. 465 00:29:24,470 --> 00:29:25,470 Josh Flint. 466 00:29:25,730 --> 00:29:27,950 He's going to testify against the other two. 467 00:29:28,550 --> 00:29:29,810 This is good news. 468 00:29:30,250 --> 00:29:33,430 This is the best outcome that we could have hoped for. 469 00:29:33,980 --> 00:29:38,180 You get a new trial with Josh's testimony, and I'm certain that Emily 470 00:29:38,180 --> 00:29:41,640 will testify. This is... This is a win! 471 00:29:46,540 --> 00:29:48,120 What is going on with you, Liv? 472 00:30:05,230 --> 00:30:08,170 Mr. Berger, when did you decide to take Emily into the bedroom? 473 00:30:09,670 --> 00:30:11,550 She was dizzy. She said she wanted to lay down. 474 00:30:12,170 --> 00:30:14,710 And at that point, was she extremely intoxicated? 475 00:30:15,430 --> 00:30:17,530 Yeah, she could hardly stand up. 476 00:30:17,810 --> 00:30:19,450 So what happened when you got into the bedroom? 477 00:30:20,890 --> 00:30:23,790 I, uh, laid down next to her in the bed. 478 00:30:24,970 --> 00:30:25,970 Did she say anything? 479 00:30:28,130 --> 00:30:31,010 She kept asking where her phone was. Did you give it to her? 480 00:30:32,390 --> 00:30:33,390 No. 481 00:30:33,810 --> 00:30:34,810 Why not? 482 00:30:38,220 --> 00:30:40,480 Scott had it. Why did Scott have it? 483 00:30:41,220 --> 00:30:45,220 She was trying to get an Uber, and he took it from her so she couldn't. 484 00:30:46,660 --> 00:30:51,220 Did either of the defendants come into the bedroom at any point? 485 00:30:52,940 --> 00:30:53,940 Yeah. 486 00:30:55,140 --> 00:30:56,820 Both Scott and Danny came in. 487 00:30:57,040 --> 00:30:58,040 And then what happened? 488 00:31:03,120 --> 00:31:06,040 Mr. Berger, please tell the jury what happened. 489 00:31:06,560 --> 00:31:08,320 after the defendants entered the bedroom. 490 00:31:12,860 --> 00:31:19,380 Um... So by then, Emily was passed out, and... 491 00:31:19,380 --> 00:31:24,120 Scott took off her pants. 492 00:31:27,180 --> 00:31:28,600 And he was like, come on, man. 493 00:31:29,660 --> 00:31:30,660 You go first. 494 00:31:31,540 --> 00:31:32,960 And at that point, you raped her. 495 00:31:36,730 --> 00:31:37,730 Yes. 496 00:31:38,790 --> 00:31:39,850 What happened next? 497 00:31:41,890 --> 00:31:43,570 Scott told Danny to go next. 498 00:31:44,330 --> 00:31:46,110 And then he told me to stay and watch. 499 00:31:46,850 --> 00:31:50,910 And... Then Scott took his turn. 500 00:31:51,250 --> 00:31:52,830 Was Emily conscious during this? 501 00:31:54,370 --> 00:31:56,430 She kept waking up and passing out. 502 00:31:57,410 --> 00:32:02,910 So your testimony, to be clear, is that there were times when Emily was 503 00:32:02,910 --> 00:32:04,310 completely unconscious. 504 00:32:09,629 --> 00:32:12,330 Yeah, she had no idea what was going on for most of it 505 00:32:12,330 --> 00:32:16,890 I've been 506 00:32:16,890 --> 00:32:22,670 thinking about her so much and a 507 00:32:22,670 --> 00:32:29,510 fantasizing and I Convinced myself that she 508 00:32:29,510 --> 00:32:36,490 wanted it That if she was awake she would have wanted it 509 00:32:48,330 --> 00:32:53,310 As to the charge of rape in the first degree, how do you find the defendant, 510 00:32:53,390 --> 00:32:54,390 Daniel Sutcliffe? 511 00:32:54,450 --> 00:32:55,450 Guilty. 512 00:32:56,390 --> 00:33:01,610 As to the charge of rape in the first degree, how do you find the defendant, 513 00:33:01,790 --> 00:33:02,790 Scott Palletta? 514 00:33:03,350 --> 00:33:04,350 Guilty. 515 00:33:06,390 --> 00:33:10,890 Ladies and gentlemen, on behalf of the people of the state of New York, I thank 516 00:33:10,890 --> 00:33:11,890 you. 517 00:33:14,630 --> 00:33:15,630 Great. 518 00:33:16,030 --> 00:33:17,270 Great work, I say. 519 00:33:18,310 --> 00:33:19,310 Thank you.