1 00:00:05,703 --> 00:00:07,493 In the criminal justice system, 2 00:00:07,529 --> 00:00:09,026 sexually based offenses 3 00:00:09,062 --> 00:00:11,163 are considered especially heinous. 4 00:00:11,326 --> 00:00:13,678 In New York City, the dedicated detectives 5 00:00:13,714 --> 00:00:15,503 who investigate these vicious felonies 6 00:00:15,539 --> 00:00:17,061 are members of an elite squad 7 00:00:17,097 --> 00:00:18,858 known as the Special Victims Unit. 8 00:00:19,011 --> 00:00:20,854 These are their stories. 9 00:00:22,589 --> 00:00:25,781 [SIREN WAILING] 10 00:00:25,817 --> 00:00:28,317 [PANTING] 11 00:00:28,353 --> 00:00:31,365 [TRAIN RUMBLING] 12 00:00:37,971 --> 00:00:40,730 PA: The train is now approaching. 13 00:00:40,766 --> 00:00:43,543 [WAILS] 14 00:00:53,630 --> 00:00:56,294 [INDISTINCT PA ANNOUNCEMENT] 15 00:00:56,757 --> 00:00:58,767 [DOOR CHIMES] 16 00:01:05,919 --> 00:01:08,568 [TRAIN RUMBLING] 17 00:01:16,902 --> 00:01:17,952 Ah! 18 00:01:19,279 --> 00:01:21,582 [FRANTIC GROANS] 19 00:01:21,982 --> 00:01:24,815 [TENSE MUSIC] 20 00:01:25,474 --> 00:01:31,926 ♪ ♪ 21 00:01:35,596 --> 00:01:37,155 No, don't, don't, don't. 22 00:01:37,255 --> 00:01:38,598 Is this yours? 23 00:01:38,699 --> 00:01:45,605 ♪ ♪ 24 00:01:47,441 --> 00:01:50,444 [SOBBING] 25 00:01:53,413 --> 00:01:55,079 Are you all right? 26 00:01:55,427 --> 00:01:58,513 [SOBBING] 27 00:01:59,277 --> 00:02:00,384 I... 28 00:02:00,420 --> 00:02:03,565 I think I was raped. 29 00:02:04,016 --> 00:02:05,776 [SOBBING] 30 00:02:06,393 --> 00:02:12,090 ♪ ♪ 31 00:02:18,998 --> 00:02:21,067 - Special Victims? - Yeah, I'm Benson. 32 00:02:21,177 --> 00:02:22,534 All right, Emily, 33 00:02:22,570 --> 00:02:24,178 can we get you back to the bed? 34 00:02:24,811 --> 00:02:26,813 - I threw up. - That's okay. 35 00:02:27,080 --> 00:02:29,775 That's okay. So, Emily, I'm Olivia. 36 00:02:29,884 --> 00:02:32,041 And I'm a police captain. 37 00:02:32,210 --> 00:02:33,737 And, uh, you up... 38 00:02:33,774 --> 00:02:36,070 You up for answering a few questions? 39 00:02:36,388 --> 00:02:37,491 Can I have some water? 40 00:02:37,671 --> 00:02:39,523 - Yeah. - Here you go. 41 00:02:40,801 --> 00:02:41,961 Here you go. 42 00:02:42,154 --> 00:02:44,310 - We get a BAC? - Double. 43 00:02:44,376 --> 00:02:46,792 So, Emily, how much did you have to drink? 44 00:02:47,534 --> 00:02:49,836 - Two. - Two drinks? 45 00:02:50,328 --> 00:02:51,936 - Tequilas. - Mm-hmm. 46 00:02:51,972 --> 00:02:53,711 And, uh, 47 00:02:53,766 --> 00:02:55,075 four White Claws. 48 00:02:55,112 --> 00:02:57,678 Okay, so six drinks. 49 00:03:00,672 --> 00:03:03,205 No, and then we went to Josh's 50 00:03:03,373 --> 00:03:05,484 and had some more. 51 00:03:06,581 --> 00:03:08,047 And then I don't remember. 52 00:03:08,145 --> 00:03:10,145 I think they were forcing her to drink. 53 00:03:11,761 --> 00:03:13,239 Is that true, Emily? 54 00:03:13,276 --> 00:03:15,047 Were they forcing you to drink? 55 00:03:18,875 --> 00:03:20,582 Yeah, maybe. 56 00:03:20,767 --> 00:03:25,870 Okay, so right now, how about we stick to what you actually 57 00:03:25,906 --> 00:03:28,900 do remember, okay, Emily? 58 00:03:29,443 --> 00:03:31,378 So who is Josh? 59 00:03:33,363 --> 00:03:34,881 He's my friend. 60 00:03:37,013 --> 00:03:38,908 Uh, they, they all are, 61 00:03:38,945 --> 00:03:40,220 except for that one guy. 62 00:03:40,282 --> 00:03:42,256 Three men, took turns. 63 00:03:42,425 --> 00:03:44,377 And you were passed out, right, Emily? 64 00:03:47,561 --> 00:03:48,859 [WHISPERS] I don't remember. 65 00:03:48,895 --> 00:03:50,593 No, remember, we talked about that. 66 00:03:50,629 --> 00:03:52,830 Can you come outside and talk to me, please, for a moment? 67 00:03:52,866 --> 00:03:54,151 Excuse us. 68 00:03:59,916 --> 00:04:03,907 Look, I appreciate that you're trying to help, I really do. 69 00:04:03,944 --> 00:04:05,245 But right now, I just... 70 00:04:05,282 --> 00:04:08,586 I need to hear the facts as she remembers them, 71 00:04:08,623 --> 00:04:11,960 not a story that's altered to get a better outcome. 72 00:04:12,084 --> 00:04:13,542 I'm just helping her remember. 73 00:04:13,578 --> 00:04:17,090 Well, actually, you were answering for her. 74 00:04:17,127 --> 00:04:18,427 And I get it. I really do. 75 00:04:18,464 --> 00:04:21,634 But trust me, that will bite us in the ass at the end. 76 00:04:21,828 --> 00:04:23,878 The facts are that she excessively drank 77 00:04:23,926 --> 00:04:25,103 of her own volition. 78 00:04:25,140 --> 00:04:27,189 - You know how this ends for her. - I don't. 79 00:04:27,225 --> 00:04:29,407 And quite frankly, neither do you. 80 00:04:31,588 --> 00:04:33,137 You know, it's so weird. 81 00:04:33,173 --> 00:04:36,067 You're in a position where you can actually help her. 82 00:04:36,843 --> 00:04:38,195 You just won't. 83 00:04:38,411 --> 00:04:41,281 [SOFT TENSE MUSIC] 84 00:04:41,381 --> 00:04:42,816 ♪ ♪ 85 00:04:42,916 --> 00:04:44,618 [SCOFFS] 86 00:04:44,718 --> 00:04:46,814 ♪ ♪ 87 00:04:47,437 --> 00:04:50,354 [DRAMATIC MUSIC] 88 00:04:50,390 --> 00:04:57,464 ♪ ♪ 89 00:05:35,644 --> 00:05:38,611 Usually I only have a couple, but I had off today, 90 00:05:39,099 --> 00:05:41,669 so I just figured, let loose, right? 91 00:05:43,484 --> 00:05:45,630 I screwed up so bad. 92 00:05:45,667 --> 00:05:46,815 I did this to myself. 93 00:05:46,852 --> 00:05:51,087 Emily, was it the best idea to drink that much? 94 00:05:51,191 --> 00:05:52,322 It wasn't. 95 00:05:52,398 --> 00:05:55,468 Does that mean that anyone is allowed 96 00:05:55,505 --> 00:06:00,026 to touch you or do anything to you without your consent? 97 00:06:01,591 --> 00:06:03,221 I guess not. 98 00:06:03,360 --> 00:06:05,659 So what happened after you realized 99 00:06:05,695 --> 00:06:07,826 that you were alone with them? 100 00:06:13,970 --> 00:06:16,470 Well, I started to get the spins. 101 00:06:16,584 --> 00:06:17,634 Okay. 102 00:06:21,261 --> 00:06:23,331 I remember I was looking for 103 00:06:23,368 --> 00:06:25,176 a glass of water in the kitchen, 104 00:06:25,463 --> 00:06:27,966 and then, I was... 105 00:06:28,003 --> 00:06:30,432 Just walking up the stairs. 106 00:06:30,754 --> 00:06:33,006 I was... I was in a bed. 107 00:06:34,991 --> 00:06:36,546 And Josh was... 108 00:06:38,576 --> 00:06:41,760 like, on top of me, trying to kiss me and... 109 00:06:43,166 --> 00:06:44,971 Daniel and Scott. 110 00:06:45,994 --> 00:06:47,641 [SIGHS] 111 00:06:48,094 --> 00:06:50,664 Somebody took my pants off, and... 112 00:06:53,076 --> 00:06:55,332 I kept... I kept asking for my phone. 113 00:06:55,545 --> 00:06:56,946 Okay, that's good, Emily. 114 00:06:56,983 --> 00:06:59,318 Did you... did you say anything else? 115 00:06:59,482 --> 00:07:01,076 Do you remember? 116 00:07:02,203 --> 00:07:06,171 Uh, I kept asking Josh if his mom was home 117 00:07:06,278 --> 00:07:08,226 'cause I just kept hoping she would come in. 118 00:07:08,262 --> 00:07:10,661 Okay, so Emily, this is really important. 119 00:07:10,721 --> 00:07:12,254 I need you to try to remember. 120 00:07:12,329 --> 00:07:16,019 Did you say anything else to them? 121 00:07:16,433 --> 00:07:20,868 Did you say no or try to push them off? 122 00:07:20,904 --> 00:07:22,252 [SIGHS] 123 00:07:22,288 --> 00:07:23,890 I don't remember. 124 00:07:27,450 --> 00:07:29,316 I mean, it doesn't matter, does it? 125 00:07:29,446 --> 00:07:32,128 Like, I was so drunk, it's obvious. 126 00:07:32,343 --> 00:07:35,377 Like, who thinks I'd be down for a gangbang with three guys? 127 00:07:35,514 --> 00:07:36,886 And... 128 00:07:37,587 --> 00:07:41,324 I'm just trying to get the full picture here. 129 00:07:41,978 --> 00:07:43,321 [SIGHS] 130 00:07:44,133 --> 00:07:47,842 Look, the nurse said to just say that I passed out. 131 00:07:48,431 --> 00:07:50,097 I could say that if it helps my case. 132 00:07:50,133 --> 00:07:52,533 The only thing that I want you to think about 133 00:07:52,569 --> 00:07:56,543 is just telling the truth, okay? 134 00:07:57,173 --> 00:07:59,838 You let me worry about this case. 135 00:08:00,243 --> 00:08:03,213 So let's start with the guys' names, okay? 136 00:08:03,250 --> 00:08:04,682 - Mm-hmm. - Josh. 137 00:08:04,719 --> 00:08:06,521 - Josh. - What's Josh's last name? 138 00:08:06,604 --> 00:08:08,503 Joshua Berger, Daniel Sutcliff, 139 00:08:08,540 --> 00:08:10,406 and a public record search turned up 140 00:08:10,443 --> 00:08:13,179 Daniel's maternal cousin, Scott Paletta. 141 00:08:13,356 --> 00:08:15,106 Emily picked him out of a photo array. 142 00:08:15,142 --> 00:08:16,373 He's our guy. 143 00:08:16,488 --> 00:08:18,471 Oh, new partner gets coffee. 144 00:08:18,508 --> 00:08:19,645 You never did that for me. 145 00:08:19,681 --> 00:08:21,821 Well, that's 'cause I know how to train my detectives. 146 00:08:21,857 --> 00:08:24,031 It's a little sweet. I'll let it slide this time. 147 00:08:24,067 --> 00:08:25,157 Any priors? 148 00:08:25,193 --> 00:08:26,569 Squeaky clean. 149 00:08:26,606 --> 00:08:28,573 Well, it doesn't look like she was drugged. 150 00:08:28,609 --> 00:08:31,910 Preliminary tox screen only shows alcohol, 0.17. 151 00:08:31,947 --> 00:08:33,614 You can't give consent when you're that drunk. 152 00:08:33,650 --> 00:08:35,616 Legally drunk people can give consent. 153 00:08:35,653 --> 00:08:37,752 0.17? Come on, man. She was wasted. 154 00:08:37,847 --> 00:08:39,738 Well, think about any girl you had sex with in college. 155 00:08:39,774 --> 00:08:41,667 Were they drunk? Did you get consent? 156 00:08:41,704 --> 00:08:43,950 This isn't some college hookup. 157 00:08:43,987 --> 00:08:46,420 This is three men taking turns on an inebriated person... 158 00:08:46,456 --> 00:08:47,988 But the law says that a victim 159 00:08:48,024 --> 00:08:50,334 has to be physically helpless or, 160 00:08:50,737 --> 00:08:54,178 given an intoxicating substance without consent. 161 00:08:54,214 --> 00:08:57,009 - Then the law is garbage. - I couldn't agree with you more. 162 00:08:57,045 --> 00:08:59,831 And legislature even tried to change it this summer, 163 00:08:59,868 --> 00:09:02,435 but the session ran out before there was a vote, 164 00:09:02,472 --> 00:09:04,419 so we're stuck with this garbage. 165 00:09:04,774 --> 00:09:08,267 So, let's talk to these three individually 166 00:09:08,303 --> 00:09:10,383 before their lawyers get involved. 167 00:09:10,647 --> 00:09:12,160 If we're lucky, 168 00:09:13,383 --> 00:09:15,163 we flip one of them. 169 00:09:17,877 --> 00:09:19,726 Do you know Emily Dawson? 170 00:09:20,026 --> 00:09:21,084 Yeah. 171 00:09:21,121 --> 00:09:23,613 Uh, we met last night at trivia. 172 00:09:23,940 --> 00:09:25,003 Is she okay? 173 00:09:25,040 --> 00:09:26,650 Did you do anything after trivia? 174 00:09:26,686 --> 00:09:29,552 We went to one of the guys' places for drinks, 175 00:09:29,924 --> 00:09:31,154 Josh, I think. 176 00:09:31,267 --> 00:09:33,617 I'm new to the group. I don't know everyone yet. 177 00:09:34,065 --> 00:09:35,179 What's this about? 178 00:09:35,216 --> 00:09:37,003 So we got this weird allegation 179 00:09:37,040 --> 00:09:39,037 that we are required to look into. 180 00:09:39,609 --> 00:09:40,972 - Allegation? - Yeah, yeah. 181 00:09:41,009 --> 00:09:43,209 Right now, that's all it is, just an allegation. 182 00:09:43,245 --> 00:09:44,752 Okay, Emily told us a story. 183 00:09:44,881 --> 00:09:46,649 She woke up maybe not feeling so 184 00:09:46,685 --> 00:09:48,172 good about what happened last night. 185 00:09:48,208 --> 00:09:50,117 All we wanna do is hear your side of the story. 186 00:09:50,153 --> 00:09:51,827 What, is she saying something happened 187 00:09:51,863 --> 00:09:52,879 she didn't want to happen? 188 00:09:52,916 --> 00:09:55,616 Why don't you just tell us what you remember happening? 189 00:09:56,559 --> 00:09:59,827 Look, uh, I mean, you're not wrong, okay? 190 00:09:59,863 --> 00:10:02,565 Things got weird, like... like, really weird. 191 00:10:02,602 --> 00:10:04,690 But, it was great. 192 00:10:04,799 --> 00:10:06,213 I mean, 193 00:10:06,469 --> 00:10:08,435 we were all hanging out. 194 00:10:08,471 --> 00:10:11,444 It was me, Emily, Josh, Daniel. 195 00:10:11,575 --> 00:10:12,818 He's my cousin. 196 00:10:13,134 --> 00:10:16,243 And, um, eventually, we 197 00:10:16,279 --> 00:10:17,436 were in the bedroom. 198 00:10:17,472 --> 00:10:18,701 And... 199 00:10:18,982 --> 00:10:21,098 I mean, I can safely say 200 00:10:21,134 --> 00:10:22,884 I've never done anything like that. 201 00:10:23,245 --> 00:10:24,751 Like what, exactly? 202 00:10:25,285 --> 00:10:26,668 [SCOFFS] 203 00:10:27,912 --> 00:10:29,945 Have sex with someone and then 204 00:10:30,051 --> 00:10:32,025 watch other people have sex with that person. 205 00:10:32,061 --> 00:10:36,230 Okay, and Emily was actively participating in this? 206 00:10:36,266 --> 00:10:37,345 - Yes. - Yeah? 207 00:10:37,382 --> 00:10:39,806 She-she gave full consent? She said yes? 208 00:10:39,864 --> 00:10:41,516 Well, she didn't say no. 209 00:10:42,839 --> 00:10:45,353 And I mean, she was acting, like, very into it, 210 00:10:45,398 --> 00:10:46,623 like... like, very. 211 00:10:46,659 --> 00:10:47,735 Oh? 212 00:10:47,835 --> 00:10:49,399 What does that look like? 213 00:10:49,812 --> 00:10:52,546 Kissing... me, everyone. 214 00:10:52,582 --> 00:10:53,947 Did she take off her own clothes? 215 00:10:53,983 --> 00:10:57,298 I think someone took off her pants, Josh, maybe. 216 00:10:57,335 --> 00:10:58,868 Did she ever lose consciousness? 217 00:10:58,904 --> 00:11:01,452 No. What? Absolutely not. 218 00:11:01,802 --> 00:11:04,454 If I thought for a single second she was too out of it 219 00:11:04,491 --> 00:11:05,691 or didn't want to, 220 00:11:05,728 --> 00:11:07,375 I definitely would have stopped. 221 00:11:08,214 --> 00:11:10,920 God, I feel... I mean, I feel terrible. 222 00:11:11,693 --> 00:11:14,351 I was gonna call her later and ask her out. 223 00:11:14,771 --> 00:11:16,372 I guess not, huh? 224 00:11:18,992 --> 00:11:20,527 [KNOCKING] 225 00:11:21,866 --> 00:11:23,945 - Daniel Sutcliff? - Yeah? 226 00:11:23,982 --> 00:11:25,026 I need to talk to you. 227 00:11:25,063 --> 00:11:26,480 Why don't we sit down inside? 228 00:11:26,516 --> 00:11:27,773 What's this about? 229 00:11:27,810 --> 00:11:29,409 Danny, is that Instacart? 230 00:11:29,518 --> 00:11:31,932 Your girlfriend know what you got into last night? 231 00:11:31,968 --> 00:11:34,444 No, babe, it's... hey, just a sec. 232 00:11:35,060 --> 00:11:37,596 She must not be into trivia. 233 00:11:37,710 --> 00:11:38,781 What do you want? 234 00:11:38,818 --> 00:11:40,418 - Emily Dawson. - What about her? 235 00:11:40,529 --> 00:11:42,913 You remember what happened to her last night? 236 00:11:43,199 --> 00:11:44,872 It wasn't planned. It just happened. 237 00:11:44,908 --> 00:11:47,567 So you raping her with two of your boys just happened? 238 00:11:47,604 --> 00:11:49,044 Whoa, whoa, what? What? 239 00:11:49,205 --> 00:11:51,492 - Is that what she's saying now? - That's the story. 240 00:11:51,528 --> 00:11:53,219 If you got a better one, it's your time to tell it. 241 00:11:53,255 --> 00:11:54,265 No. No way. 242 00:11:54,302 --> 00:11:56,185 She doesn't get to wake up and cry rape just because 243 00:11:56,221 --> 00:11:57,694 she feels like a skank now. 244 00:11:57,750 --> 00:12:00,480 Man, she was the one making us do shots, 245 00:12:00,516 --> 00:12:02,049 grabbing my crotch. She's a tease. 246 00:12:02,085 --> 00:12:03,617 So you decided to make her pay for it? 247 00:12:03,653 --> 00:12:04,703 No... 248 00:12:05,968 --> 00:12:07,220 Josh had a crush on her. 249 00:12:07,256 --> 00:12:08,395 I don't even like her that way. 250 00:12:08,431 --> 00:12:10,431 And then she friendzoned him, and... and... and... 251 00:12:10,467 --> 00:12:11,857 and she's flirting with him all night. 252 00:12:11,893 --> 00:12:13,979 And you want me to believe that she decided 253 00:12:14,015 --> 00:12:15,377 to take on three guys at once? 254 00:12:15,413 --> 00:12:16,904 Man, she was coming on to all of us. 255 00:12:16,940 --> 00:12:19,389 If she regrets it now, that's her fault. 256 00:12:20,837 --> 00:12:22,326 Now, I know I don't have to talk to you. 257 00:12:22,362 --> 00:12:26,230 Listen, Josh, we could arrest you right here 258 00:12:26,267 --> 00:12:27,456 in front of all your colleagues, 259 00:12:27,492 --> 00:12:28,633 but I'd really rather just talk. 260 00:12:28,669 --> 00:12:30,102 Maybe we can clear this whole thing up. 261 00:12:30,138 --> 00:12:31,943 I didn't do anything wrong. 262 00:12:32,615 --> 00:12:35,463 No harm in answering some questions. 263 00:12:35,722 --> 00:12:39,142 Like, how long have you been carrying a torch for Emily? 264 00:12:40,988 --> 00:12:42,608 Who even said that? 265 00:12:43,259 --> 00:12:45,515 That was forever ago. We're friends. 266 00:12:45,552 --> 00:12:48,101 So you used to have a crush, but not anymore? 267 00:12:48,138 --> 00:12:49,636 I'm not saying anything else. 268 00:12:49,673 --> 00:12:51,005 Okay, but if... 269 00:12:51,042 --> 00:12:54,577 If she's... she's sending you mixed signals, 270 00:12:54,771 --> 00:12:57,236 right, I mean, I can see how you'd get confused. 271 00:12:57,273 --> 00:12:58,903 I mean, she let you take her clothes off. 272 00:12:58,939 --> 00:13:00,905 She told me to lie down with her. 273 00:13:01,019 --> 00:13:02,179 She had the spins. 274 00:13:02,216 --> 00:13:03,534 She said she wanted to hold on to something. 275 00:13:03,570 --> 00:13:04,670 So you did get in the bed with her? 276 00:13:04,706 --> 00:13:05,907 Seriously, I'm not saying anything else. 277 00:13:05,943 --> 00:13:08,526 What I understand is no one was making her drink. 278 00:13:08,922 --> 00:13:10,796 So the fact that she was out of it, 279 00:13:10,833 --> 00:13:12,574 that's her fault, not yours. 280 00:13:12,611 --> 00:13:14,461 - I'm not talking anymore. - [MUTTERS] 281 00:13:14,988 --> 00:13:16,921 I've seen these situations before, 282 00:13:16,958 --> 00:13:18,339 and usually, 283 00:13:18,944 --> 00:13:20,633 there's a ringleader. 284 00:13:20,692 --> 00:13:22,415 There's an instigator. 285 00:13:23,745 --> 00:13:25,377 I don't think that's you. 286 00:13:25,444 --> 00:13:27,640 The fact that it happened at your house 287 00:13:28,116 --> 00:13:29,531 doesn't look good for you. 288 00:13:29,700 --> 00:13:32,125 So you should tell us before we find something 289 00:13:32,162 --> 00:13:33,527 that could really hurt you. 290 00:13:33,564 --> 00:13:35,588 It's my mom's house. You don't have permission to search it. 291 00:13:35,624 --> 00:13:36,831 Oh, buddy, 292 00:13:36,868 --> 00:13:38,277 it's already happening. 293 00:13:38,564 --> 00:13:41,523 [TENSE MUSIC] 294 00:13:41,637 --> 00:13:42,739 ♪ ♪ 295 00:13:42,919 --> 00:13:44,907 I am looking right at it. 296 00:13:45,473 --> 00:13:47,243 - Oh. - Hi. 297 00:13:48,593 --> 00:13:49,515 That's the mother. 298 00:13:49,552 --> 00:13:51,456 Yeah, I'm not sensing cooperation. 299 00:13:51,493 --> 00:13:53,094 Are you sensing laundry day? 300 00:13:53,131 --> 00:13:54,710 She put all the bed linens in the wash, 301 00:13:54,746 --> 00:13:56,648 vacuumed within an inch of her life. 302 00:13:56,730 --> 00:13:58,088 - Still found hair and prints. - Okay, 303 00:13:58,124 --> 00:13:59,437 what about the doorbell cams? 304 00:13:59,473 --> 00:14:00,506 She claims it isn't working. 305 00:14:00,543 --> 00:14:01,876 We're subpoenaing the company to see if 306 00:14:01,912 --> 00:14:03,594 - they've archived any footage. - All right, thanks. 307 00:14:03,630 --> 00:14:05,092 I don't even know what I'm paying you for 308 00:14:05,128 --> 00:14:07,147 - if you can't help me. - Mrs. Berger. 309 00:14:07,319 --> 00:14:09,515 I'm Captain Benson from SVU. 310 00:14:10,033 --> 00:14:11,626 Speak to my attorney. 311 00:14:13,537 --> 00:14:14,937 Call her back. 312 00:14:15,138 --> 00:14:16,314 You can't do that. 313 00:14:16,351 --> 00:14:18,298 When he does call you back, let him know that 314 00:14:18,334 --> 00:14:20,694 you spent the morning obstructing an investigation 315 00:14:20,730 --> 00:14:22,695 and destroying evidence. 316 00:14:23,873 --> 00:14:25,513 Look, I know that you don't want to see 317 00:14:25,549 --> 00:14:27,474 your son in trouble, 318 00:14:27,658 --> 00:14:29,452 but covering for him, 319 00:14:30,123 --> 00:14:32,409 is only gonna hurt him in the long run. 320 00:14:34,394 --> 00:14:36,062 I have nothing to say. 321 00:14:39,329 --> 00:14:40,978 Nothing from the phone dump. 322 00:14:41,014 --> 00:14:43,478 These guys might be clowns, but they know not to text 323 00:14:43,514 --> 00:14:44,648 anything incriminating. 324 00:14:44,684 --> 00:14:46,220 Hey, you get anything from CSU? 325 00:14:46,256 --> 00:14:48,435 Yeah, the mother wasn't lying about the busted door cam. 326 00:14:48,471 --> 00:14:50,603 There's no footage. They got DNA. 327 00:14:50,640 --> 00:14:52,039 But until we get the rape kit back, 328 00:14:52,075 --> 00:14:53,435 we got nothing to compare it to. 329 00:14:53,471 --> 00:14:54,667 And even if it matches, they're claiming 330 00:14:54,703 --> 00:14:56,177 the sex was consensual. 331 00:14:56,213 --> 00:14:57,438 Hey. Sorry I'm late. 332 00:14:57,475 --> 00:14:59,764 I got held up with the new ADA mentee. 333 00:14:59,801 --> 00:15:00,844 How's that going? 334 00:15:00,881 --> 00:15:01,982 I doubt this guy's ever talked to 335 00:15:02,018 --> 00:15:03,409 a police officer in his life. 336 00:15:03,445 --> 00:15:06,163 He's a snazzy dresser, and Sonny's feeling threatened. 337 00:15:06,953 --> 00:15:09,022 Look, all I'm saying is this guy's tie 338 00:15:09,059 --> 00:15:10,157 costs more than our car lease, Amanda. 339 00:15:10,193 --> 00:15:11,938 - Yeah, it does. - All right, these guys, 340 00:15:11,974 --> 00:15:14,171 - they all sticking to this story? - More or less. 341 00:15:14,207 --> 00:15:17,095 If there's a weak link in the bunch, it's Josh. 342 00:15:17,132 --> 00:15:18,924 And if there's a sociopath, it's Scott. 343 00:15:18,960 --> 00:15:20,058 I mean, he said all the right things, 344 00:15:20,094 --> 00:15:21,218 and I wasn't buying it for a minute. 345 00:15:21,254 --> 00:15:22,295 And what about Daniel? 346 00:15:22,332 --> 00:15:24,858 Dime store incel begging for an ass-kicking. 347 00:15:24,900 --> 00:15:27,565 He ratted out Josh for having a crush on the victim. 348 00:15:27,602 --> 00:15:29,434 I bet as soon as we bring them in, they all lawyer up, 349 00:15:29,470 --> 00:15:30,888 and they stop talking. 350 00:15:31,072 --> 00:15:32,645 All right, we need one of these guys to flip. 351 00:15:32,681 --> 00:15:33,938 The mom knows. 352 00:15:33,975 --> 00:15:35,945 The mom protected them and tampered with evidence. 353 00:15:35,981 --> 00:15:37,514 She wants to be a good mom. 354 00:15:37,663 --> 00:15:41,357 And I, am gonna give her another chance. 355 00:15:46,248 --> 00:15:47,560 He's not here. 356 00:15:47,714 --> 00:15:51,023 I actually came to speak with you. 357 00:15:51,167 --> 00:15:52,833 Well, I told you, I have nothing to say. 358 00:15:52,869 --> 00:15:55,121 You know, I... I have a son. 359 00:15:55,797 --> 00:15:59,584 And every day, I hope and I pray that 360 00:15:59,655 --> 00:16:01,121 he will grow up 361 00:16:01,486 --> 00:16:03,154 to be a good man. 362 00:16:03,863 --> 00:16:05,749 But at the end of the day, 363 00:16:05,841 --> 00:16:08,968 our children make their own choices. 364 00:16:09,164 --> 00:16:11,554 And it doesn't mean that we messed up as parents 365 00:16:11,591 --> 00:16:14,265 if they make the wrong choice. 366 00:16:15,174 --> 00:16:17,518 But if you teach your son 367 00:16:18,290 --> 00:16:20,980 that he's not responsible for his actions, 368 00:16:21,017 --> 00:16:23,065 that is on you. 369 00:16:23,991 --> 00:16:27,320 That is a mistake, one that he will pay for 370 00:16:27,723 --> 00:16:29,739 over and over, 371 00:16:30,773 --> 00:16:33,005 long after you're gone. 372 00:16:33,167 --> 00:16:35,616 [SOFT TENSE MUSIC] 373 00:16:35,871 --> 00:16:38,571 ♪ ♪ 374 00:16:38,873 --> 00:16:40,631 I wanted something for the back door, 375 00:16:40,667 --> 00:16:42,668 so I just set up an old webcam. 376 00:16:43,578 --> 00:16:47,089 And when I heard the police were talking to Josh, 377 00:16:47,202 --> 00:16:48,633 I gave it to a neighbor. 378 00:16:48,700 --> 00:16:50,635 - She's so wasted. - [LAUGHTER] 379 00:16:50,780 --> 00:16:52,710 I'm gonna send her home. 380 00:16:53,204 --> 00:16:55,681 - Bro! You're an idiot. - Why? 381 00:16:55,734 --> 00:16:58,134 'Cause I don't want her puking all over my house? 382 00:16:58,432 --> 00:17:00,082 I thought you were into her, man. 383 00:17:00,161 --> 00:17:01,270 I... 384 00:17:01,739 --> 00:17:03,691 I mean, yeah, but not like this. 385 00:17:03,765 --> 00:17:05,697 Bro, you're missing an opportunity. 386 00:17:05,733 --> 00:17:07,232 You can do whatever you want to her. 387 00:17:07,268 --> 00:17:08,951 She's not gonna remember in the morning. 388 00:17:08,987 --> 00:17:10,661 Come on, come on, come on. 389 00:17:10,720 --> 00:17:12,698 I raised him to be better. 390 00:17:14,004 --> 00:17:16,410 He knows this is wrong. 391 00:17:16,579 --> 00:17:23,611 ♪ ♪ 392 00:17:31,753 --> 00:17:33,236 Pick them up, 393 00:17:33,498 --> 00:17:34,957 all of them. 394 00:17:41,846 --> 00:17:46,165 Docket numbers 89, 90, 91, People of the State of New York 395 00:17:46,202 --> 00:17:49,608 versus Joshua Berger, Daniel Sutcliff, Scott Paletta, 396 00:17:49,644 --> 00:17:51,280 one count each rape in the first degree. 397 00:17:51,316 --> 00:17:52,799 Dominick Carisi for the People. 398 00:17:52,835 --> 00:17:54,435 Andrea Vargas representing all three 399 00:17:54,471 --> 00:17:55,914 of the defendants, Your Honor. 400 00:17:55,950 --> 00:17:57,452 Waivers have been signed, I presume? 401 00:17:57,488 --> 00:17:59,412 - Yes, Your Honor. - The plea? 402 00:17:59,522 --> 00:18:00,719 Not guilty. 403 00:18:00,755 --> 00:18:01,912 Proceed. 404 00:18:01,948 --> 00:18:03,332 This was a gang rape. 405 00:18:03,432 --> 00:18:05,199 The defendants egged each other on and then 406 00:18:05,235 --> 00:18:08,185 took turns with the victim over a protracted period of time. 407 00:18:08,256 --> 00:18:10,495 It's a class B felony, and the People request remand. 408 00:18:10,531 --> 00:18:11,763 She was voluntary intox. 409 00:18:11,799 --> 00:18:13,078 Your Honor knows the law on that. 410 00:18:13,114 --> 00:18:14,714 Plus, the evidence is clear that this 411 00:18:14,750 --> 00:18:16,544 was a consensual encounter. 412 00:18:16,581 --> 00:18:17,847 Consensual? 413 00:18:17,884 --> 00:18:19,600 She was barely conscious, Your Honor. 414 00:18:19,636 --> 00:18:20,921 You expect us to believe, 415 00:18:21,006 --> 00:18:22,666 that she wanted these three men to do whatever 416 00:18:22,702 --> 00:18:23,842 they felt like to her body? 417 00:18:23,878 --> 00:18:25,595 Look, is it my cup of tea? No. 418 00:18:25,632 --> 00:18:27,533 But believe it or not, there are some people 419 00:18:27,569 --> 00:18:29,194 who favor multiple partners. 420 00:18:29,231 --> 00:18:30,998 I can assure you that the victim is not one of them. 421 00:18:31,034 --> 00:18:33,195 These young men have never been arrested. 422 00:18:33,304 --> 00:18:35,990 They deserve release or a reasonable bail. 423 00:18:37,366 --> 00:18:38,744 Remand is granted. 424 00:18:38,834 --> 00:18:40,202 Next case. 425 00:18:44,681 --> 00:18:47,481 Captain Olivia Benson, meet Aidan Hawkins, 426 00:18:47,518 --> 00:18:49,670 fresh out of criminal court and Harvard Law. 427 00:18:49,991 --> 00:18:51,090 Impressive. 428 00:18:51,126 --> 00:18:52,291 Looking forward to working with you. 429 00:18:52,327 --> 00:18:53,366 - Great. - All right, 430 00:18:53,403 --> 00:18:55,462 training starts with jury selection, Hawkins. 431 00:18:55,498 --> 00:18:57,413 You're doing the voir dire. 432 00:19:01,998 --> 00:19:04,084 Who here has ever been drunk? 433 00:19:06,733 --> 00:19:08,093 I know I have. 434 00:19:09,414 --> 00:19:10,826 Oh, come on. 435 00:19:10,905 --> 00:19:11,944 There's no judgment. 436 00:19:11,981 --> 00:19:14,481 I'm not gonna ask you about your drunken escapades. 437 00:19:17,014 --> 00:19:18,340 Thank you. 438 00:19:20,264 --> 00:19:23,024 Does intoxication affect someone's judgment? 439 00:19:23,581 --> 00:19:25,581 Yeah, for sure. 440 00:19:26,121 --> 00:19:28,157 And if they're very intoxicated, 441 00:19:28,249 --> 00:19:30,540 do you believe they make good decisions? 442 00:19:30,577 --> 00:19:31,717 Not usually. 443 00:19:31,768 --> 00:19:32,818 He's good. 444 00:19:34,000 --> 00:19:35,833 What is your beef with him, 445 00:19:36,065 --> 00:19:37,997 aside from the tie? 446 00:19:38,743 --> 00:19:40,763 He's a rich kid, and he's definitely 447 00:19:40,800 --> 00:19:42,181 not sticking around SVU. 448 00:19:42,277 --> 00:19:43,474 Do you believe 449 00:19:43,511 --> 00:19:46,170 someone who has become intoxicated voluntarily 450 00:19:46,207 --> 00:19:48,982 automatically consents to whatever happens to them? 451 00:19:49,262 --> 00:19:50,601 I don't think so. 452 00:19:50,668 --> 00:19:51,769 Why not? 453 00:19:51,845 --> 00:19:53,347 You're not yourself. 454 00:19:53,619 --> 00:19:54,945 You can be influenced to do things 455 00:19:54,981 --> 00:19:56,445 you wouldn't normally do. 456 00:19:56,720 --> 00:19:59,178 Mr. Hawkins, we're about to hit noon. 457 00:19:59,215 --> 00:20:00,491 Let's break for lunch. 458 00:20:00,687 --> 00:20:01,826 We're back in an hour. 459 00:20:01,863 --> 00:20:03,189 See you. 460 00:20:10,205 --> 00:20:11,866 Bounce 4 and 11. 461 00:20:11,965 --> 00:20:13,199 What? 462 00:20:14,101 --> 00:20:15,464 Trust me. 463 00:20:22,249 --> 00:20:24,095 Hey, Carisi, who's that? 464 00:20:24,218 --> 00:20:25,508 That's Gwen Sharpe. 465 00:20:25,764 --> 00:20:28,144 She's a jury consultant, expensive one too. 466 00:20:28,181 --> 00:20:30,055 Usually my office can't afford someone like her. 467 00:20:30,091 --> 00:20:32,041 She gets hired by the big firms, you know. 468 00:20:32,077 --> 00:20:33,859 Okay, could she be working for the defense? 469 00:20:33,895 --> 00:20:34,942 I doubt it. 470 00:20:34,979 --> 00:20:36,903 She's known to donate her time exonerating people 471 00:20:36,939 --> 00:20:38,238 who've been wrongfully convicted. 472 00:20:38,274 --> 00:20:40,827 Well, she said to bounce 4 and 11. 473 00:20:41,251 --> 00:20:42,643 Then we're bouncing 4 and 11. 474 00:20:42,679 --> 00:20:43,534 I'm glad she said something. 475 00:20:43,601 --> 00:20:45,120 - I would have empaneled four. - Yeah, me too. 476 00:20:45,156 --> 00:20:46,997 - All right, not bad up there. - Thanks. 477 00:20:47,033 --> 00:20:48,366 I do have some notes, though. 478 00:20:48,402 --> 00:20:50,402 - We'll call you when we adjourn. - Yeah. 479 00:20:51,387 --> 00:20:52,836 Thanks for the assist. 480 00:20:52,873 --> 00:20:54,545 [SIGHS] I hope that wasn't weird. 481 00:20:54,663 --> 00:20:57,029 I-I just couldn't walk away without saying something. 482 00:20:57,065 --> 00:20:59,139 I'm Olivia Benson, SVU. 483 00:20:59,175 --> 00:21:00,468 - Gwen Sharpe. - Yeah. 484 00:21:00,505 --> 00:21:04,597 My ADA was very impressed, and very little impresses him. 485 00:21:04,674 --> 00:21:06,224 Are you here working on a case? 486 00:21:06,260 --> 00:21:08,309 Mine is still in pretrial motions. 487 00:21:08,346 --> 00:21:09,383 - Uh-huh. - I like to see what 488 00:21:09,419 --> 00:21:10,648 the jury pool is looking like. 489 00:21:10,684 --> 00:21:12,480 - It's good practice for me. - Okay. 490 00:21:12,876 --> 00:21:14,010 Well, um, 491 00:21:14,219 --> 00:21:17,902 what about those jurors flagged for you? 492 00:21:18,125 --> 00:21:20,654 Well, 4 was uncomfortable 493 00:21:20,691 --> 00:21:22,491 with any discussion around sex acts. 494 00:21:22,539 --> 00:21:25,438 I think she'll blame the victim when she hears the evidence. 495 00:21:25,474 --> 00:21:27,453 And 11 was lying about alcohol. 496 00:21:27,490 --> 00:21:28,788 She doesn't drink. 497 00:21:28,825 --> 00:21:31,092 I'd worry she'd judge anybody who does. 498 00:21:31,441 --> 00:21:34,585 And you saw all of that from across the room? 499 00:21:34,789 --> 00:21:37,379 I've been doing this for a long time. [CHUCKLES] 500 00:21:37,819 --> 00:21:40,013 I'd be worried about any woman put on this jury. 501 00:21:40,049 --> 00:21:41,342 I know. I know. 502 00:21:41,379 --> 00:21:43,546 They judge other women more harshly. 503 00:21:43,583 --> 00:21:45,596 They project themselves onto the victim. 504 00:21:45,633 --> 00:21:47,557 "I would never put myself in that position." 505 00:21:47,593 --> 00:21:48,734 "This could never happen to me." 506 00:21:48,770 --> 00:21:50,118 "Therefore, the victim is to blame." 507 00:21:50,154 --> 00:21:52,645 I wish that I could bring you on for the duration. 508 00:21:52,857 --> 00:21:54,688 I'd prepare yourself. 509 00:21:54,864 --> 00:21:56,774 I think you're invested in the outcome, 510 00:21:57,286 --> 00:21:58,693 rightly so. 511 00:21:58,901 --> 00:22:00,979 I just don't think this is gonna go the way you want it to. 512 00:22:01,015 --> 00:22:03,275 But you haven't heard the evidence. 513 00:22:03,492 --> 00:22:06,992 I mean, look, we have these men 514 00:22:07,368 --> 00:22:08,994 on video, plotting. 515 00:22:09,051 --> 00:22:10,496 This is a very tricky case, 516 00:22:10,533 --> 00:22:12,724 but I don't know how anybody sees 517 00:22:12,836 --> 00:22:15,344 three men on one drunk woman 518 00:22:15,381 --> 00:22:17,450 as anything other than rape. 519 00:22:18,628 --> 00:22:20,393 You have faith in the system. 520 00:22:20,562 --> 00:22:22,341 I hope you're right. 521 00:22:22,745 --> 00:22:25,135 I just wouldn't have gone to trial on this. 522 00:22:25,595 --> 00:22:28,698 [TENSE MUSIC] 523 00:22:33,801 --> 00:22:36,101 I thought they were my friends. 524 00:22:36,770 --> 00:22:39,222 Josh and Daniel I have known for ten years. 525 00:22:39,409 --> 00:22:42,378 And so you had no reason to be on guard with them? 526 00:22:44,605 --> 00:22:46,215 None. 527 00:22:48,110 --> 00:22:49,800 I thought they were safe. 528 00:22:49,977 --> 00:22:51,203 Thank you, Emily. 529 00:22:51,380 --> 00:22:53,122 Nothing further, Your Honor. 530 00:22:53,785 --> 00:22:55,194 Ms. Vargas. 531 00:22:57,678 --> 00:23:00,421 Now, is it fair to say that no one 532 00:23:00,458 --> 00:23:02,631 made you drink that night, Emily? 533 00:23:04,056 --> 00:23:05,718 No one made me drink. 534 00:23:05,755 --> 00:23:07,720 And you had a lot to drink. 535 00:23:07,757 --> 00:23:09,723 Objection, Your Honor. Is she testifying? 536 00:23:09,759 --> 00:23:11,307 I'll rephrase. 537 00:23:12,197 --> 00:23:14,147 How many drinks did you have that night? 538 00:23:14,310 --> 00:23:15,360 Seven? 539 00:23:16,416 --> 00:23:17,938 I really don't remember. 540 00:23:17,975 --> 00:23:20,233 Oh, would you like me to read your statement to SVU? 541 00:23:20,269 --> 00:23:21,979 Um, I think seven or eight. 542 00:23:22,130 --> 00:23:25,233 Now, you could have stopped at any time, correct? 543 00:23:27,175 --> 00:23:28,391 Yes. 544 00:23:28,428 --> 00:23:30,286 And as a result, your memory of that night 545 00:23:30,322 --> 00:23:32,786 is spotty at best. 546 00:23:33,321 --> 00:23:34,502 I remember enough. 547 00:23:34,539 --> 00:23:36,272 I mean, you can't honestly sit here right now 548 00:23:36,308 --> 00:23:38,751 and say whether or not you consented. 549 00:23:39,471 --> 00:23:40,940 I would never consent to that. 550 00:23:40,976 --> 00:23:42,671 Oh, so you said no? 551 00:23:42,917 --> 00:23:44,840 Did you push them away? 552 00:23:44,877 --> 00:23:46,401 Did you do anything to make them stop? 553 00:23:46,437 --> 00:23:48,053 Well, I was looking for my phone. 554 00:23:48,089 --> 00:23:49,678 I-I was trying to leave. 555 00:23:49,715 --> 00:23:51,956 Or were you encouraging them? 556 00:23:52,124 --> 00:23:53,823 [TENSE MUSIC] 557 00:23:53,953 --> 00:23:56,268 - No. - So now you say no. 558 00:23:56,305 --> 00:23:58,991 But isn't it true that you told Captain Benson 559 00:23:59,028 --> 00:24:00,981 you don't remember saying no? 560 00:24:01,111 --> 00:24:02,546 [CRYING] I don't know. 561 00:24:02,717 --> 00:24:06,445 You never said no, did you, Emily? 562 00:24:06,574 --> 00:24:09,323 And then when you woke up, you changed your mind. 563 00:24:09,360 --> 00:24:10,867 Objection, Your Honor. She's badgering. 564 00:24:10,903 --> 00:24:13,452 Sustained. Take it down a notch, Counsel. 565 00:24:13,836 --> 00:24:15,913 [EMILY CRYING] 566 00:24:16,274 --> 00:24:18,123 I have nothing else. 567 00:24:18,291 --> 00:24:22,234 ♪ ♪ 568 00:24:22,575 --> 00:24:24,718 Redirect, Mr. Carisi? 569 00:24:25,106 --> 00:24:27,817 [SOBBING] 570 00:24:29,573 --> 00:24:31,311 No, Your Honor. 571 00:24:32,325 --> 00:24:34,360 Emily, you're free to go now. 572 00:24:34,413 --> 00:24:36,141 You're free to go. 573 00:24:36,943 --> 00:24:38,686 The People rest. 574 00:24:40,515 --> 00:24:41,897 [SIGHS] 575 00:24:42,136 --> 00:24:43,236 Put your game face on. 576 00:24:43,272 --> 00:24:44,898 We'll take them apart in the cross. 577 00:24:44,934 --> 00:24:50,624 ♪ ♪ 578 00:24:50,794 --> 00:24:52,658 The defense rests, Your Honor. 579 00:24:52,767 --> 00:24:59,716 ♪ ♪ 580 00:25:01,482 --> 00:25:02,918 Verdict? 581 00:25:03,510 --> 00:25:05,379 Vargas came to me with an offer. 582 00:25:05,416 --> 00:25:06,497 What is it? 583 00:25:06,534 --> 00:25:08,590 Forcible touching, time served. 584 00:25:09,905 --> 00:25:11,468 Time served. 585 00:25:12,765 --> 00:25:14,205 Is she kidding? 586 00:25:14,452 --> 00:25:16,286 Look, we all knew this was gonna be a tough case. 587 00:25:16,322 --> 00:25:17,808 But at least this way, 588 00:25:17,905 --> 00:25:19,513 they're on the sex offender registry. 589 00:25:19,549 --> 00:25:20,894 Carisi. 590 00:25:21,624 --> 00:25:24,231 You can't make this deal, not after everything 591 00:25:24,268 --> 00:25:25,781 that Emily has gone through. 592 00:25:25,818 --> 00:25:27,234 I'm telling you, 593 00:25:27,534 --> 00:25:29,404 we're gonna get buried here. 594 00:25:29,946 --> 00:25:32,547 And then they're gonna walk, and we will have nothing. 595 00:25:32,583 --> 00:25:34,450 I agree with Captain Benson. 596 00:25:35,241 --> 00:25:36,288 Oh, great. 597 00:25:36,325 --> 00:25:38,288 Let's hear from the guy who was cutting deals 598 00:25:38,324 --> 00:25:40,694 with purse snatchers in criminal court six months ago. 599 00:25:40,730 --> 00:25:43,120 A deal makes us look bad. It's bad for justice. 600 00:25:43,157 --> 00:25:44,877 It makes us look bad? 601 00:25:45,370 --> 00:25:47,071 Well, so does an acquittal. 602 00:25:47,627 --> 00:25:48,999 That's what we're looking at here. 603 00:25:49,035 --> 00:25:50,378 A misdemeanor? 604 00:25:53,208 --> 00:25:55,124 Absolutely not. 605 00:25:55,238 --> 00:25:57,933 Carisi, you can't settle for that. 606 00:26:00,686 --> 00:26:02,420 You know what, Liv? 607 00:26:03,040 --> 00:26:05,272 It would be nice if, for once, 608 00:26:05,411 --> 00:26:06,961 you could give me some credit for knowing 609 00:26:06,997 --> 00:26:08,468 what the hell I'm talking about. 610 00:26:08,504 --> 00:26:11,695 - [LIGHT KNOCKING] - Anyway, I'm here as a courtesy. 611 00:26:12,828 --> 00:26:14,384 I'm not asking for your permission. 612 00:26:14,420 --> 00:26:16,033 Hey. Sorry. 613 00:26:16,070 --> 00:26:17,951 Sonny, your office called, 614 00:26:17,988 --> 00:26:19,938 and, uh, the judge wants everybody back. 615 00:26:20,029 --> 00:26:26,268 ♪ ♪ 616 00:26:27,631 --> 00:26:30,314 I have a note here from our jury foreperson. 617 00:26:30,459 --> 00:26:32,542 "Our deliberations have stalled," 618 00:26:32,719 --> 00:26:35,302 "and we are hopelessly deadlocked." 619 00:26:35,801 --> 00:26:36,990 Pretty unequivocal. 620 00:26:37,045 --> 00:26:38,278 Your Honor, we request that 621 00:26:38,314 --> 00:26:39,562 you give the jury an Allen Charge. 622 00:26:39,598 --> 00:26:40,930 Already done, Mr. Carisi. 623 00:26:40,967 --> 00:26:42,674 Then give them a modified Allen Charge. 624 00:26:42,710 --> 00:26:44,296 Force them to restart deliberations 625 00:26:44,332 --> 00:26:46,397 - until they reach a verdict. - They're hung. 626 00:26:46,433 --> 00:26:48,201 And I'm declaring a mistrial. 627 00:26:48,238 --> 00:26:50,280 Your Honor, a motion for the immediate release 628 00:26:50,316 --> 00:26:52,195 - of my clients. - Well, absolutely not. 629 00:26:52,231 --> 00:26:54,239 The People fully intend to retry this case 630 00:26:54,275 --> 00:26:55,842 at the court's earliest convenience. 631 00:26:55,878 --> 00:26:57,644 The bail condition should remain the same. 632 00:26:57,680 --> 00:26:59,118 Yeah, I agree. 633 00:26:59,270 --> 00:27:00,767 The defendants will remain in custody. 634 00:27:00,803 --> 00:27:03,205 Oh, and let's bring the jury back in. 635 00:27:03,242 --> 00:27:05,874 We'll thank them for their service, 636 00:27:05,986 --> 00:27:08,652 and then we'll start all over again. 637 00:27:09,276 --> 00:27:15,057 ♪ ♪ 638 00:27:21,015 --> 00:27:23,142 I guess I just wanted to tell you in person 639 00:27:23,179 --> 00:27:24,768 after everything you've done. 640 00:27:24,858 --> 00:27:28,326 Well, I just did my job, and I am sorry that... 641 00:27:28,456 --> 00:27:29,965 That it wasn't enough. 642 00:27:30,053 --> 00:27:31,585 No, I'm sorry. 643 00:27:31,746 --> 00:27:33,679 I always thought of myself as, like, 644 00:27:33,716 --> 00:27:36,819 this pretty strong person, but... 645 00:27:38,969 --> 00:27:40,577 I was sitting there in the courtroom, 646 00:27:40,613 --> 00:27:43,023 and everybody's looking at me like I'm some drunk whore. 647 00:27:43,059 --> 00:27:44,496 That's not true. 648 00:27:44,580 --> 00:27:46,182 It is. 649 00:27:49,241 --> 00:27:50,599 I mean, 650 00:27:51,234 --> 00:27:53,614 some of them thought so on the jury. 651 00:28:03,190 --> 00:28:04,717 I... 652 00:28:05,261 --> 00:28:07,127 I just can't do it again. 653 00:28:07,942 --> 00:28:09,421 And... 654 00:28:10,096 --> 00:28:12,149 I know I'm disappointing you. 655 00:28:12,186 --> 00:28:15,694 Listen to me. You're not disappointing me. 656 00:28:16,021 --> 00:28:19,489 It's actually the opposite. I'm amazed by you. 657 00:28:19,526 --> 00:28:20,592 You are... 658 00:28:20,629 --> 00:28:24,311 You are an incredibly strong woman. 659 00:28:24,801 --> 00:28:26,908 And I'm not gonna sit here and lie to you 660 00:28:26,945 --> 00:28:30,500 and tell you that another trial would be easier because... 661 00:28:30,727 --> 00:28:34,029 Because it would probably be harder. 662 00:28:34,444 --> 00:28:36,385 [SOFT MUSIC] 663 00:28:36,632 --> 00:28:40,369 And you've been through something incredibly difficult. 664 00:28:40,812 --> 00:28:42,638 And you're still here. 665 00:28:42,914 --> 00:28:50,155 ♪ ♪ 666 00:28:51,150 --> 00:28:53,315 Maybe I should have just said I passed out. 667 00:29:00,788 --> 00:29:03,255 It's just, like, kind of messed up that 668 00:29:03,292 --> 00:29:05,452 the truth doesn't always matter. 669 00:29:05,839 --> 00:29:12,871 ♪ ♪ 670 00:29:22,161 --> 00:29:23,326 Hi. 671 00:29:23,363 --> 00:29:24,983 Gwen, what are you... what are you doing here? 672 00:29:25,019 --> 00:29:27,307 Oh, I had to meet a client downstairs. 673 00:29:27,520 --> 00:29:29,935 - Listen, I heard about the mistrial. - Oh, yeah. 674 00:29:29,972 --> 00:29:32,622 I thought you might wanna drown your sorrows a little. 675 00:29:36,406 --> 00:29:39,361 I think the stay-at-home mom was one of the holdouts 676 00:29:39,508 --> 00:29:41,446 and the old guy with the missing tooth. 677 00:29:41,581 --> 00:29:42,846 He didn't like your ADA. 678 00:29:42,883 --> 00:29:44,575 Well, all of this information is super helpful 679 00:29:44,611 --> 00:29:46,994 after the fact, so thank you so much for that. 680 00:29:47,260 --> 00:29:49,351 Listen, I was rooting for you. 681 00:29:49,388 --> 00:29:50,920 I've been wrong before. 682 00:29:51,021 --> 00:29:52,118 [SIGHS] 683 00:29:52,155 --> 00:29:53,955 You always take your losses so hard? 684 00:29:53,993 --> 00:29:56,169 No, I don't. 685 00:29:57,480 --> 00:29:59,464 What's so special about this one? 686 00:30:01,841 --> 00:30:05,345 I've been doing this work for almost 30 years, 687 00:30:05,513 --> 00:30:08,271 and, most of the time, I convinced myself 688 00:30:08,315 --> 00:30:10,058 that even when a case goes south 689 00:30:10,126 --> 00:30:13,186 that it's the fight that matters. 690 00:30:13,334 --> 00:30:14,366 That's... 691 00:30:14,403 --> 00:30:15,940 That's a nice way of thinking about it. 692 00:30:15,976 --> 00:30:17,149 Yeah. 693 00:30:19,650 --> 00:30:22,362 We don't stop anything. 694 00:30:22,399 --> 00:30:26,533 We don't prevent a crime from happening. 695 00:30:27,338 --> 00:30:30,071 We just pick up the pieces afterwards. 696 00:30:30,154 --> 00:30:32,289 But that's always been the case, hasn't it? 697 00:30:33,024 --> 00:30:34,944 You didn't pick Anti-Crime. 698 00:30:34,981 --> 00:30:36,293 You chose SVU. 699 00:30:36,330 --> 00:30:38,545 That is true. That is true. 700 00:30:39,039 --> 00:30:40,256 So... 701 00:30:40,459 --> 00:30:42,093 What's changed? 702 00:30:44,244 --> 00:30:48,388 That is the problem, is that nothing has changed. 703 00:30:48,587 --> 00:30:51,558 We're 30 years in, and a jury gets to decide 704 00:30:51,711 --> 00:30:53,777 that if a woman drinks too much, 705 00:30:53,814 --> 00:30:55,896 then she deserves to be raped. 706 00:30:57,079 --> 00:30:58,488 That is the problem. 707 00:30:59,525 --> 00:31:00,901 Yeah. 708 00:31:01,426 --> 00:31:02,694 That's hard. 709 00:31:04,627 --> 00:31:06,365 How do you deal with that? 710 00:31:09,960 --> 00:31:12,467 You know, the work used to be enough. 711 00:31:14,312 --> 00:31:16,623 My old partner used... 712 00:31:17,025 --> 00:31:18,627 Violence to deal with it. 713 00:31:18,664 --> 00:31:20,630 He used to get physical with the suspects. 714 00:31:20,666 --> 00:31:21,929 But that took a toll on him too. 715 00:31:21,965 --> 00:31:23,298 I mean, 716 00:31:24,054 --> 00:31:26,301 maybe there is no good way. 717 00:31:29,981 --> 00:31:31,419 Um, 718 00:31:31,774 --> 00:31:34,351 so I have a... 719 00:31:34,944 --> 00:31:37,730 A personal history with the type of crimes you investigate. 720 00:31:37,766 --> 00:31:38,928 It's a... 721 00:31:38,965 --> 00:31:40,108 It's a story for another time. 722 00:31:40,144 --> 00:31:42,980 But, what I can say is, you're right. 723 00:31:43,170 --> 00:31:45,220 The world hasn't changed much in 30 years, 724 00:31:45,256 --> 00:31:47,030 and certainly, the perps haven't. 725 00:31:47,684 --> 00:31:50,409 So what can you do about it? 726 00:31:50,526 --> 00:31:51,710 Quit? 727 00:31:53,535 --> 00:31:54,871 No. 728 00:31:55,331 --> 00:31:56,763 No, I'm not... 729 00:31:56,838 --> 00:31:58,446 I'm not ready to quit. 730 00:31:58,483 --> 00:31:59,751 Okay. 731 00:31:59,871 --> 00:32:02,838 Then the only other option is to fight. 732 00:32:03,992 --> 00:32:05,841 Just fight different. 733 00:32:06,254 --> 00:32:11,232 [ELTON JOHN'S "MONA LISAS AND MAD HATTERS"] 734 00:32:12,081 --> 00:32:17,727 ♪ They know not if it's dark outside or light ♪ 735 00:32:17,926 --> 00:32:19,433 ♪ ♪ 736 00:32:19,555 --> 00:32:27,012 ♪ They know not if it's dark outside or light ♪ 737 00:32:27,980 --> 00:32:29,240 Late night visits gonna be 738 00:32:29,276 --> 00:32:30,949 a regular thing from you, Captain? 739 00:32:30,985 --> 00:32:33,337 Look, I... I need an arrest warrant. 740 00:32:34,084 --> 00:32:35,537 For whom? 741 00:32:35,574 --> 00:32:37,664 Josh Berger's mother, Stephanie. 742 00:32:37,829 --> 00:32:39,030 On what charge? 743 00:32:39,075 --> 00:32:41,710 Tampering and obstruction of justice. 744 00:32:41,955 --> 00:32:43,920 Hold on. Uh, uh. 745 00:32:43,981 --> 00:32:45,672 Berger's mother cooperated. 746 00:32:45,709 --> 00:32:46,924 She handed over evidence. 747 00:32:46,960 --> 00:32:48,675 The charges will never stick. 748 00:32:50,418 --> 00:32:51,618 And you can just arrest her yourself. 749 00:32:51,654 --> 00:32:53,022 You don't need a warrant from me. 750 00:32:53,058 --> 00:32:55,327 I'd like to go through the proper channels. 751 00:32:56,975 --> 00:32:58,387 You wanna use her, 752 00:32:58,625 --> 00:33:00,597 to get her son to flip. 753 00:33:01,169 --> 00:33:03,378 You wanna arrest someone you know to be innocent 754 00:33:03,414 --> 00:33:05,025 to pressure their child. 755 00:33:05,213 --> 00:33:06,818 And you came to the new dumb ADA 756 00:33:06,855 --> 00:33:08,289 because you know Carisi wouldn't go for it. 757 00:33:08,325 --> 00:33:11,072 I don't need an ethics lecture from you. 758 00:33:11,444 --> 00:33:13,074 I'm not lecturing. 759 00:33:14,009 --> 00:33:16,077 It's a great idea, mob tactics. 760 00:33:16,138 --> 00:33:18,872 If you can't get the guy, go after the family. 761 00:33:19,006 --> 00:33:20,724 [SUSPENSEFUL MUSIC] 762 00:33:21,025 --> 00:33:23,043 You surprise me, Hawkins. 763 00:33:23,639 --> 00:33:25,962 I might suggest adding a conspiracy 764 00:33:25,999 --> 00:33:27,464 to commit rape charge. 765 00:33:27,618 --> 00:33:29,044 You wanna pressure Berger? 766 00:33:29,099 --> 00:33:30,381 That ought to do it. 767 00:33:30,854 --> 00:33:32,572 ♪ ♪ 768 00:33:32,746 --> 00:33:34,346 By all means. 769 00:33:35,267 --> 00:33:36,681 Come in. 770 00:33:49,035 --> 00:33:50,542 What is this? 771 00:33:50,602 --> 00:33:51,738 Where's my lawyer? 772 00:33:51,775 --> 00:33:53,036 I'm Steve Kaplan. 773 00:33:53,266 --> 00:33:55,091 The judge in your case appointed me to be 774 00:33:55,127 --> 00:33:56,460 - your new defense attorney. - What? 775 00:33:56,496 --> 00:33:58,328 No, no, no, I didn't agree to that. 776 00:33:58,365 --> 00:33:59,973 Because the district attorney's office 777 00:34:00,009 --> 00:34:01,867 has an offer that you should hear. 778 00:34:01,904 --> 00:34:03,792 You arrested my mother! 779 00:34:04,594 --> 00:34:06,896 She didn't do anything wrong. 780 00:34:07,262 --> 00:34:09,924 We've determined that of the three defendants in this case, 781 00:34:09,960 --> 00:34:11,508 you are the least culpable. 782 00:34:11,705 --> 00:34:13,471 In exchange for your testimony 783 00:34:13,508 --> 00:34:15,221 against Mr. Sutcliff and Mr. Paletta, 784 00:34:15,257 --> 00:34:16,721 we can offer you rape two. 785 00:34:16,758 --> 00:34:18,765 Sentencing is 2 1/3 to 5. 786 00:34:18,802 --> 00:34:21,268 - Sex abuse three, time served. - No. 787 00:34:21,305 --> 00:34:23,856 He's useless to me as a witness if I give him a misdemeanor. 788 00:34:23,892 --> 00:34:25,897 It'll look like we bought his testimony. 789 00:34:26,598 --> 00:34:28,472 Plead to the felony, testify, 790 00:34:28,509 --> 00:34:29,985 with good behavior, you're out in two. 791 00:34:30,021 --> 00:34:33,780 And any legal issues that your mother is facing, go away. 792 00:34:33,865 --> 00:34:35,490 What you are doing is so messed up. 793 00:34:35,526 --> 00:34:37,638 What I'm doing is saving you 794 00:34:37,675 --> 00:34:41,037 from a potential 20-year sentence. 795 00:34:44,703 --> 00:34:46,794 From what I understand, more people thought 796 00:34:46,830 --> 00:34:48,670 you were guilty than not. 797 00:34:48,788 --> 00:34:51,131 This is a way to save yourself, Josh. 798 00:34:51,589 --> 00:34:53,591 I recommend you take this deal. 799 00:34:59,638 --> 00:35:00,932 Fine. 800 00:35:03,263 --> 00:35:04,839 I'll testify, but my mom 801 00:35:04,875 --> 00:35:06,564 - has to be out today. - Great news. 802 00:35:06,600 --> 00:35:08,982 We'll be in touch as soon as my boss signs off. 803 00:35:13,427 --> 00:35:15,113 [BUZZER BLARES] 804 00:35:15,767 --> 00:35:17,644 What the hell was this, Liv, huh? 805 00:35:17,816 --> 00:35:19,467 After all these years, you're gonna go behind my back? 806 00:35:19,503 --> 00:35:21,453 I didn't wanna put you in a position... 807 00:35:21,490 --> 00:35:22,954 In what position? 808 00:35:23,234 --> 00:35:25,895 Wrongly arresting an innocent woman to get to her son? 809 00:35:25,943 --> 00:35:27,168 - That one? - Sonny, listen... 810 00:35:27,204 --> 00:35:29,045 No, you need to walk away from me right now. 811 00:35:29,081 --> 00:35:30,920 Okay, Carisi, I... 812 00:35:31,181 --> 00:35:32,772 - let's just talk, please. - Liv, 813 00:35:32,808 --> 00:35:34,424 you know what? 814 00:35:35,458 --> 00:35:37,627 You think you're the only person 815 00:35:37,719 --> 00:35:39,387 who cares about these victims. 816 00:35:39,515 --> 00:35:42,390 And so you push, and you push, and you push, 817 00:35:42,442 --> 00:35:44,226 until you get what you think is justice. 818 00:35:44,262 --> 00:35:46,686 Yes, I do, because somebody has to. 819 00:35:47,756 --> 00:35:49,027 [SOFT TENSE MUSIC] 820 00:35:49,064 --> 00:35:50,649 I... I didn't mean... 821 00:35:50,686 --> 00:35:52,818 - I didn't mean it like that. - Yeah, you did. Yeah, you did. 822 00:35:52,854 --> 00:35:54,695 That's why you're sitting in the courtroom every day, huh? 823 00:35:54,731 --> 00:35:55,751 - No. - Watching me, 824 00:35:55,788 --> 00:35:57,252 to make sure I don't screw up? 825 00:35:57,288 --> 00:35:58,448 Carisi, stop. 826 00:35:58,485 --> 00:36:00,195 That's... That's not it. 827 00:36:02,275 --> 00:36:05,955 I did what needed to be done. 828 00:36:06,610 --> 00:36:07,999 Josh flipped. 829 00:36:08,048 --> 00:36:10,543 He's gonna testify against the other two. 830 00:36:10,839 --> 00:36:12,504 This is good news. 831 00:36:12,598 --> 00:36:16,007 This is the best outcome that we could have hoped for. 832 00:36:16,139 --> 00:36:18,677 You get a new trial with Josh's testimony, 833 00:36:18,714 --> 00:36:21,764 and I'm certain that Emily will testify. 834 00:36:21,801 --> 00:36:24,307 This is... This is a win. 835 00:36:24,579 --> 00:36:28,003 ♪ ♪ 836 00:36:28,848 --> 00:36:30,973 What is going on with you, Liv? 837 00:36:31,149 --> 00:36:38,181 ♪ ♪ 838 00:36:39,948 --> 00:36:41,408 [GATE SLAMS] 839 00:36:41,617 --> 00:36:46,605 ♪ ♪ 840 00:36:47,199 --> 00:36:50,875 Mr. Berger, when did you decide to take Emily into the bedroom? 841 00:36:51,622 --> 00:36:52,645 She was dizzy. 842 00:36:52,682 --> 00:36:54,282 She said she wanted to lie down. 843 00:36:54,410 --> 00:36:57,277 And at that point, was she extremely intoxicated? 844 00:36:57,484 --> 00:36:59,892 Yeah. She could hardly stand up. 845 00:37:00,037 --> 00:37:02,337 So what happened when you got into the bedroom? 846 00:37:02,877 --> 00:37:06,641 I, uh, laid down next to her in the bed. 847 00:37:07,076 --> 00:37:09,003 Did she say anything? 848 00:37:10,327 --> 00:37:12,272 She kept asking where her phone was. 849 00:37:12,309 --> 00:37:13,898 Did you give it to her? 850 00:37:14,428 --> 00:37:15,716 No. 851 00:37:16,040 --> 00:37:17,318 Why not? 852 00:37:20,190 --> 00:37:21,547 Scott had it. 853 00:37:21,584 --> 00:37:23,158 Why did Scott have it? 854 00:37:23,525 --> 00:37:25,025 She was trying to get an Uber, 855 00:37:25,147 --> 00:37:27,704 and he took it from her so she couldn't. 856 00:37:28,937 --> 00:37:31,040 Did either of the defendants 857 00:37:31,135 --> 00:37:34,043 come into the bedroom at any point? 858 00:37:35,109 --> 00:37:36,363 Yeah. 859 00:37:37,386 --> 00:37:39,208 Both Scott and Danny came in. 860 00:37:39,301 --> 00:37:40,769 And then what happened? 861 00:37:45,293 --> 00:37:47,515 Mr. Berger, please tell the jury 862 00:37:47,552 --> 00:37:51,336 what happened after the defendants entered the bedroom. 863 00:37:54,645 --> 00:37:55,965 Um... 864 00:37:58,484 --> 00:38:01,954 So by then, Emily was passed out, and... 865 00:38:02,140 --> 00:38:04,665 ♪ ♪ 866 00:38:04,764 --> 00:38:07,233 Scott took off her pants. 867 00:38:09,464 --> 00:38:11,630 And he was like, come on, man, 868 00:38:11,901 --> 00:38:13,552 you go first. 869 00:38:13,795 --> 00:38:15,697 And at that point, you raped her. 870 00:38:15,946 --> 00:38:18,029 ♪ ♪ 871 00:38:18,824 --> 00:38:20,240 Yes. 872 00:38:21,111 --> 00:38:22,784 What happened next? 873 00:38:23,842 --> 00:38:26,342 Scott told Danny to go next. 874 00:38:26,745 --> 00:38:28,681 And then he told me to stay and watch. 875 00:38:28,806 --> 00:38:30,475 And... 876 00:38:31,459 --> 00:38:33,459 Then Scott took his turn. 877 00:38:33,616 --> 00:38:35,685 Was Emily conscious during this? 878 00:38:36,714 --> 00:38:39,400 She kept waking up and passing out. 879 00:38:39,666 --> 00:38:43,050 So your testimony, to be clear, 880 00:38:43,133 --> 00:38:44,865 is that there were times when Emily 881 00:38:44,901 --> 00:38:47,200 was completely unconscious. 882 00:38:50,739 --> 00:38:52,162 Yeah. 883 00:38:52,386 --> 00:38:54,956 She had no idea what was going on for most of it. 884 00:38:58,204 --> 00:38:59,697 I'm sorry. 885 00:39:01,943 --> 00:39:04,427 I'd been thinking about her so much and... 886 00:39:05,425 --> 00:39:08,096 Fantasizing, and... 887 00:39:09,949 --> 00:39:12,975 I convinced myself that she wanted it. 888 00:39:13,113 --> 00:39:16,447 ♪ ♪ 889 00:39:16,646 --> 00:39:19,413 That if she was awake, she would have wanted it. 890 00:39:19,677 --> 00:39:25,988 ♪ ♪ 891 00:39:30,262 --> 00:39:33,799 As to the charge of rape in the first degree, 892 00:39:33,907 --> 00:39:36,457 how do you find the defendant, Daniel Sutcliff? 893 00:39:36,568 --> 00:39:38,084 Guilty. 894 00:39:38,634 --> 00:39:42,235 As to the charge of rape in the first degree, 895 00:39:42,272 --> 00:39:45,258 how do you find the defendant, Scott Paletta? 896 00:39:45,381 --> 00:39:46,968 Guilty. 897 00:39:48,692 --> 00:39:50,771 Ladies and gentlemen, on behalf 898 00:39:50,808 --> 00:39:54,269 of the People of the State of New York, I thank you. 899 00:39:56,838 --> 00:39:59,606 Great... Great work, Carisi. 900 00:40:00,265 --> 00:40:01,608 Thank you. 901 00:40:01,770 --> 00:40:08,802 ♪ ♪ 902 00:40:09,676 --> 00:40:10,726 Okay. 903 00:40:10,936 --> 00:40:16,664 ♪ ♪ 904 00:40:21,711 --> 00:40:25,711 synced and corrected by PopcornAWH www.addic7ed.com