1 00:00:05,606 --> 00:00:07,495 {\an8} In the criminal justice system, 2 00:00:07,499 --> 00:00:09,005 {\an8}sexually based offenses 3 00:00:09,009 --> 00:00:11,107 {\an8}are considered especially heinous. 4 00:00:11,111 --> 00:00:13,614 {\an8}In New York City, the dedicated detectives 5 00:00:13,714 --> 00:00:15,512 {\an8}who investigate these vicious felonies 6 00:00:15,516 --> 00:00:17,050 {\an8}are members of an elite squad 7 00:00:17,150 --> 00:00:18,911 {\an8}known as the Special Victims Unit. 8 00:00:19,011 --> 00:00:20,854 {\an8}These are their stories. 9 00:00:37,971 --> 00:00:40,762 The train is now approaching. 10 00:01:16,902 --> 00:01:17,869 Ah! 11 00:01:35,596 --> 00:01:37,155 No, don't, don't, don't. 12 00:01:37,255 --> 00:01:38,598 Is this yours? 13 00:01:53,413 --> 00:01:55,111 Are you all right? 14 00:01:59,277 --> 00:02:00,416 I... 15 00:02:00,420 --> 00:02:04,012 I think I was raped. 16 00:02:19,139 --> 00:02:21,208 -Special Victims? -Yeah, I'm Benson. 17 00:02:21,308 --> 00:02:22,438 All right. 18 00:02:22,442 --> 00:02:24,807 Emily, can we get you back to the bed? 19 00:02:24,811 --> 00:02:27,076 -I threw up. -That's okay. 20 00:02:27,080 --> 00:02:30,013 That's okay. So, Emily, I'm Olivia. 21 00:02:30,017 --> 00:02:32,206 And I'm a police captain. 22 00:02:32,210 --> 00:02:36,486 And, uh, you up... you up for answering a few questions? 23 00:02:36,490 --> 00:02:37,887 Can I have some water? 24 00:02:37,891 --> 00:02:39,743 -Yeah. -Here you go. 25 00:02:41,161 --> 00:02:42,150 Here you go. 26 00:02:42,154 --> 00:02:43,259 We get a BAC? 27 00:02:43,263 --> 00:02:44,552 Double. 28 00:02:44,556 --> 00:02:47,530 So, Emily, how much did you have to drink? 29 00:02:47,534 --> 00:02:50,324 -Two. -Two drinks? 30 00:02:50,328 --> 00:02:51,968 -Tequilas. -Mm-hmm. 31 00:02:51,972 --> 00:02:53,569 And, uh, 32 00:02:53,573 --> 00:02:55,075 four White Claws. 33 00:02:55,175 --> 00:02:58,011 Okay, so six drinks. 34 00:03:00,672 --> 00:03:03,237 No, and then we went to Josh's 35 00:03:03,241 --> 00:03:05,352 and had some more. 36 00:03:06,753 --> 00:03:08,251 And then I don't remember. 37 00:03:08,255 --> 00:03:10,148 I think they were forcing her to drink. 38 00:03:11,917 --> 00:03:14,861 -Is that true, Emily? -Were they forcing you to drink? 39 00:03:19,024 --> 00:03:20,763 Yeah, maybe. 40 00:03:20,767 --> 00:03:25,902 Okay, so right now, how about we stick to what you actually 41 00:03:25,906 --> 00:03:29,439 do remember, okay, Emily? 42 00:03:29,443 --> 00:03:31,378 So who is Josh? 43 00:03:33,363 --> 00:03:34,881 He's my friend. 44 00:03:37,350 --> 00:03:40,341 Uh, they... they all are, except for that one guy. 45 00:03:40,345 --> 00:03:42,351 Three men, took turns. 46 00:03:42,355 --> 00:03:44,307 And you were passed out, right, Emily? 47 00:03:47,561 --> 00:03:48,795 I don't remember. 48 00:03:48,895 --> 00:03:51,094 No, remember, we talked about that. 49 00:03:51,098 --> 00:03:52,862 Can you come outside and talk to me, please, for a moment? 50 00:03:52,866 --> 00:03:54,151 Excuse us. 51 00:04:00,073 --> 00:04:03,940 Look, I appreciate that you're trying to help, I really do. 52 00:04:03,944 --> 00:04:05,508 But right now, I just... 53 00:04:05,512 --> 00:04:08,482 I need to hear the facts as she remembers them, 54 00:04:08,582 --> 00:04:12,315 not a story that's altered to get a better outcome. 55 00:04:12,319 --> 00:04:13,808 I'm just helping her remember. 56 00:04:13,812 --> 00:04:17,153 Well, actually, you were answering for her. 57 00:04:17,157 --> 00:04:18,425 And I get it. I really do. 58 00:04:18,525 --> 00:04:21,695 But trust me, that will bite us in the ass at the end. 59 00:04:21,828 --> 00:04:23,864 The facts are that she excessively drank 60 00:04:23,997 --> 00:04:26,395 of her own volition. You know how this ends for her. 61 00:04:26,399 --> 00:04:27,530 I don't. 62 00:04:27,534 --> 00:04:29,269 And quite frankly, neither do you. 63 00:04:31,588 --> 00:04:33,169 You know, it's so weird. 64 00:04:33,173 --> 00:04:36,710 You're in a position where you can actually help her. 65 00:04:36,843 --> 00:04:38,407 You just won't. 66 00:05:36,269 --> 00:05:39,268 {\an8}Usually I only have a couple, but I had off today, 67 00:05:39,272 --> 00:05:41,842 {\an8}so I just figured, let loose, right? 68 00:05:43,977 --> 00:05:45,633 {\an8}I screwed up so bad. 69 00:05:45,637 --> 00:05:47,043 {\an8}I did this to myself. 70 00:05:47,047 --> 00:05:51,314 {\an8}Emily, was it the best idea to drink that much? 71 00:05:51,318 --> 00:05:52,481 {\an8}It wasn't. 72 00:05:52,485 --> 00:05:55,555 {\an8}Does that mean that anyone is allowed 73 00:05:55,655 --> 00:05:59,776 {\an8}to touch you or do anything to you without your consent? 74 00:06:01,561 --> 00:06:03,230 {\an8}I guess not. 75 00:06:03,330 --> 00:06:05,661 {\an8}So what happened after you realized 76 00:06:05,665 --> 00:06:07,367 {\an8}that you were alone with them? 77 00:06:13,940 --> 00:06:16,472 {\an8}Well, I started to get the spins. 78 00:06:16,476 --> 00:06:17,502 {\an8}Okay. 79 00:06:21,014 --> 00:06:23,696 {\an8}I remember I was looking for a glass of water 80 00:06:23,700 --> 00:06:25,443 {\an8}in the kitchen, 81 00:06:25,543 --> 00:06:27,608 {\an8}and then I was 82 00:06:27,612 --> 00:06:30,720 {\an8}just walking up the stairs. 83 00:06:30,724 --> 00:06:32,976 {\an8}I was... I was in a bed. 84 00:06:34,961 --> 00:06:38,628 {\an8}And Josh was... 85 00:06:38,632 --> 00:06:43,003 {\an8}like, on top of me, trying to kiss me and... 86 00:06:43,136 --> 00:06:45,960 {\an8}Daniel and Scott. 87 00:06:48,174 --> 00:06:50,744 {\an8}Somebody took my pants off, and... 88 00:06:53,046 --> 00:06:55,511 {\an8}I kept... I kept asking for my phone. 89 00:06:55,515 --> 00:06:56,916 {\an8}Okay, that's good, Emily. 90 00:06:57,017 --> 00:06:59,352 {\an8}Did you... did you say anything else? 91 00:06:59,452 --> 00:07:01,046 {\an8}Do you remember? 92 00:07:02,322 --> 00:07:06,322 {\an8}Uh, I kept asking Josh if his mom was home 93 00:07:06,326 --> 00:07:08,291 {\an8}'cause I just kept hoping she would come in. 94 00:07:08,295 --> 00:07:10,726 {\an8}Okay, so Emily, this is really important. 95 00:07:10,730 --> 00:07:12,295 {\an8}I need you to try to remember. 96 00:07:12,299 --> 00:07:16,303 {\an8}Did you say anything else to them? 97 00:07:16,403 --> 00:07:20,870 {\an8}Did you say no or try to push them off? 98 00:07:22,258 --> 00:07:23,860 {\an8}I don't remember. 99 00:07:27,514 --> 00:07:29,412 {\an8}I mean, it doesn't matter, does it? 100 00:07:29,416 --> 00:07:32,481 {\an8}Like, I was so drunk, it's obvious. 101 00:07:32,485 --> 00:07:35,551 {\an8}Like, who thinks I'd be down for a gang bang with three guys? 102 00:07:35,555 --> 00:07:37,553 {\an8}And... 103 00:07:37,557 --> 00:07:41,294 {\an8}I'm just trying to get the full picture here. 104 00:07:44,197 --> 00:07:48,397 {\an8}Look, the nurse said to just say that I passed out. 105 00:07:48,401 --> 00:07:50,099 {\an8}I could say that if it helps my case. 106 00:07:50,103 --> 00:07:52,535 {\an8}The only thing that I want you to think about 107 00:07:52,539 --> 00:07:57,043 {\an8}is just telling the truth, okay? 108 00:07:57,143 --> 00:08:00,209 {\an8}You let me worry about this case. 109 00:08:00,213 --> 00:08:03,183 {\an8}So let's start with the guys' names, okay? 110 00:08:03,283 --> 00:08:04,747 {\an8}-Mm-hmm. -Josh. 111 00:08:04,751 --> 00:08:06,553 {\an8}-Josh. -What's Josh's last name? 112 00:08:06,653 --> 00:08:08,584 {\an8}Joshua Berger, Daniel Sutcliff, 113 00:08:08,588 --> 00:08:10,486 {\an8}and a public record search turned up 114 00:08:10,490 --> 00:08:13,226 {\an8}Daniel's maternal cousin, Scott Paletta. 115 00:08:13,326 --> 00:08:15,358 {\an8}Emily picked him out of a photo array. 116 00:08:15,362 --> 00:08:16,625 {\an8}He's our guy. 117 00:08:16,629 --> 00:08:18,644 {\an8}Oh, new partner gets coffee. 118 00:08:18,648 --> 00:08:20,129 {\an8}You never did that for me. 119 00:08:20,133 --> 00:08:21,831 {\an8}Well, that's 'cause I know how to train my detectives. 120 00:08:21,835 --> 00:08:24,033 {\an8}It's a little sweet. I'll let it slide this time. 121 00:08:24,037 --> 00:08:25,159 {\an8}Any priors? 122 00:08:25,163 --> 00:08:26,539 {\an8}Squeaky clean. 123 00:08:26,639 --> 00:08:28,637 {\an8}Well, it doesn't look like she was drugged. 124 00:08:28,641 --> 00:08:31,974 {\an8}Preliminary tox screen only shows alcohol, 0.17. 125 00:08:31,978 --> 00:08:33,676 {\an8}You can't give consent when you're that drunk. 126 00:08:33,680 --> 00:08:35,678 {\an8}Legally drunk people can give consent. 127 00:08:35,682 --> 00:08:37,813 -0.17? Come on, man. -She was wasted. 128 00:08:37,817 --> 00:08:39,740 Well, think about any girl you had sex with in college. 129 00:08:39,744 --> 00:08:41,751 Were they drunk? Did you get consent? 130 00:08:41,755 --> 00:08:43,953 This isn't some college hookup. 131 00:08:43,957 --> 00:08:46,422 This is three men taking turns on an inebriated person... 132 00:08:46,426 --> 00:08:47,990 But the law says that a victim 133 00:08:47,994 --> 00:08:51,097 has to be physically helpless or given 134 00:08:51,197 --> 00:08:54,180 an intoxicating substance without consent. 135 00:08:54,184 --> 00:08:55,598 Then the law is garbage. 136 00:08:55,602 --> 00:08:57,191 I couldn't agree with you more. 137 00:08:57,195 --> 00:08:59,835 And legislature even tried to change it this summer, 138 00:08:59,839 --> 00:09:02,438 but the session ran out before there was a vote, 139 00:09:02,442 --> 00:09:04,644 so we're stuck with this garbage. 140 00:09:04,744 --> 00:09:08,269 So let's talk to these three individually 141 00:09:08,273 --> 00:09:10,613 before their lawyers get involved. 142 00:09:10,617 --> 00:09:13,253 If we're lucky, 143 00:09:13,353 --> 00:09:14,888 we flip one of them. 144 00:09:17,949 --> 00:09:20,156 {\an8}Do you know Emily Dawson? 145 00:09:20,160 --> 00:09:21,657 Yeah. 146 00:09:21,661 --> 00:09:24,185 We met last night at trivia. 147 00:09:24,189 --> 00:09:25,361 Is she okay? 148 00:09:25,365 --> 00:09:27,229 Did you do anything after trivia? 149 00:09:27,233 --> 00:09:29,890 We went to one of the guys' places for drinks, 150 00:09:29,894 --> 00:09:31,233 Josh, I think. 151 00:09:31,237 --> 00:09:34,295 I'm new to the group. I don't know everyone yet. 152 00:09:34,299 --> 00:09:35,337 What's this about? 153 00:09:35,341 --> 00:09:37,006 So we got this weird allegation 154 00:09:37,010 --> 00:09:39,575 that we are required to look into. 155 00:09:39,579 --> 00:09:41,243 -Allegation? -Yeah, yeah. 156 00:09:41,247 --> 00:09:43,304 Right now, that's all it is, just an allegation. 157 00:09:43,308 --> 00:09:44,847 Okay, Emily told us a story. 158 00:09:44,851 --> 00:09:47,116 She woke up maybe not feeling so good about 159 00:09:47,120 --> 00:09:48,455 what happened last night. 160 00:09:48,555 --> 00:09:50,119 All we wanna do is hear your side of the story. 161 00:09:50,123 --> 00:09:51,821 What, is she saying something happened 162 00:09:51,825 --> 00:09:53,126 she didn't want to happen? 163 00:09:53,226 --> 00:09:55,466 Why don't you just tell us what you remember happening? 164 00:09:56,529 --> 00:09:59,829 Look, uh, I mean, you're not wrong, okay? 165 00:09:59,833 --> 00:10:02,535 Things got weird, like... like, really weird. 166 00:10:02,669 --> 00:10:04,366 But it was great. 167 00:10:04,370 --> 00:10:06,435 I mean, 168 00:10:06,439 --> 00:10:08,437 we were all hanging out. 169 00:10:08,441 --> 00:10:11,757 It was me, Emily, Josh, Daniel. 170 00:10:11,761 --> 00:10:13,004 He's my cousin. 171 00:10:13,104 --> 00:10:16,245 And, um, eventually, we 172 00:10:16,249 --> 00:10:17,438 were in the bedroom. 173 00:10:17,442 --> 00:10:18,948 And, 174 00:10:18,952 --> 00:10:21,100 I mean, I can safely say 175 00:10:21,104 --> 00:10:23,410 I've never done anything like that. 176 00:10:23,414 --> 00:10:24,753 Like what, exactly? 177 00:10:27,952 --> 00:10:30,017 Have sex with someone and then 178 00:10:30,021 --> 00:10:31,898 watch other people have sex with that person. 179 00:10:32,031 --> 00:10:36,232 Okay, and Emily was actively participating in this? 180 00:10:36,236 --> 00:10:37,533 -Yes. -Yeah? 181 00:10:37,537 --> 00:10:39,869 She... she gave full consent? She said yes? 182 00:10:39,873 --> 00:10:42,805 Well, she didn't say no. 183 00:10:42,809 --> 00:10:45,457 And I mean, she was acting, like, very into it, 184 00:10:45,461 --> 00:10:46,625 like... like, very. 185 00:10:46,629 --> 00:10:47,705 Oh? 186 00:10:47,805 --> 00:10:49,778 What does that look like? 187 00:10:49,782 --> 00:10:52,548 -Kissing... -me, everyone. 188 00:10:52,552 --> 00:10:53,949 Did she take off her own clothes? 189 00:10:53,953 --> 00:10:56,277 I think someone took off her pants, 190 00:10:56,281 --> 00:10:57,156 Josh, maybe. 191 00:10:57,257 --> 00:10:58,921 Did she ever lose consciousness? 192 00:10:58,925 --> 00:11:02,057 No. What? Absolutely not. 193 00:11:02,061 --> 00:11:04,260 If I thought for a single second she was too out of it 194 00:11:04,264 --> 00:11:05,694 or didn't want to, 195 00:11:05,698 --> 00:11:08,297 I definitely would have stopped. 196 00:11:08,301 --> 00:11:11,563 God, I feel... I mean, I feel terrible. 197 00:11:11,663 --> 00:11:14,607 I was gonna call her later and ask her out. 198 00:11:14,741 --> 00:11:16,342 I guess not, huh? 199 00:11:21,948 --> 00:11:23,112 Daniel Sutcliff? 200 00:11:23,116 --> 00:11:24,138 Yeah? 201 00:11:24,142 --> 00:11:25,147 I need to talk to you. 202 00:11:25,151 --> 00:11:26,482 Why don't we sit down inside? 203 00:11:26,486 --> 00:11:27,950 What's this about? 204 00:11:27,954 --> 00:11:29,585 Danny, is that Instacart? 205 00:11:29,589 --> 00:11:32,004 Your girlfriend know what you got into last night? 206 00:11:32,008 --> 00:11:35,094 -No, babe, it's... -hey, just a sec. 207 00:11:35,194 --> 00:11:37,730 She must not be into trivia. 208 00:11:37,830 --> 00:11:38,928 What do you want? 209 00:11:38,932 --> 00:11:40,400 -Emily Dawson. -What about her? 210 00:11:40,500 --> 00:11:43,165 You remember what happened to her last night? 211 00:11:43,169 --> 00:11:44,904 -It wasn't planned. -It just happened. 212 00:11:45,004 --> 00:11:47,599 So you raping her with two of your boys just happened? 213 00:11:47,699 --> 00:11:49,171 Whoa, whoa, what? What? 214 00:11:49,175 --> 00:11:50,673 Is that what she's saying now? 215 00:11:50,677 --> 00:11:51,874 That's the story. 216 00:11:51,878 --> 00:11:53,367 If you got a better one, it's your time to tell it. 217 00:11:53,371 --> 00:11:54,868 No. No way. 218 00:11:54,872 --> 00:11:56,312 She doesn't get to wake up and cry rape just because 219 00:11:56,316 --> 00:11:57,538 she feels like a skank now. 220 00:11:57,542 --> 00:12:00,482 Man, she was the one making us do shots, 221 00:12:00,486 --> 00:12:01,955 grabbing my crotch. She's a tease. 222 00:12:02,055 --> 00:12:03,619 So you decided to make her pay for it? 223 00:12:03,623 --> 00:12:04,641 No... 224 00:12:06,184 --> 00:12:07,222 Josh had a crush on her. 225 00:12:07,226 --> 00:12:08,524 I don't even like her that way. 226 00:12:08,528 --> 00:12:10,488 And then she friendzoned him, and... and... and... 227 00:12:10,563 --> 00:12:12,119 and she's flirting with him all night. 228 00:12:12,123 --> 00:12:13,862 And you want me to believe that she decided 229 00:12:13,866 --> 00:12:15,197 to take on three guys at once? 230 00:12:15,201 --> 00:12:16,970 Man, she was coming on to all of us. 231 00:12:17,070 --> 00:12:19,238 If she regrets it now, that's her fault. 232 00:12:20,807 --> 00:12:22,371 Now, I know I don't have to talk to you. 233 00:12:22,375 --> 00:12:26,275 Listen, Josh, we could arrest you right here 234 00:12:26,279 --> 00:12:27,735 in front of all your colleagues, 235 00:12:27,739 --> 00:12:28,911 but I'd really rather just talk. 236 00:12:28,915 --> 00:12:30,379 Maybe we can clear this whole thing up. 237 00:12:30,383 --> 00:12:32,581 I didn't do anything wrong. 238 00:12:32,585 --> 00:12:35,751 No harm in answering some questions. 239 00:12:35,755 --> 00:12:39,175 Like, how long have you been carrying a torch for Emily? 240 00:12:41,052 --> 00:12:43,225 Who even said that? 241 00:12:43,229 --> 00:12:45,694 That was forever ago. We're friends. 242 00:12:45,698 --> 00:12:48,264 So you used to have a crush, but not anymore? 243 00:12:48,268 --> 00:12:49,798 I'm not saying anything else. 244 00:12:49,802 --> 00:12:51,166 Okay, but if... 245 00:12:51,170 --> 00:12:54,737 if she's... she's sending you mixed signals, 246 00:12:54,741 --> 00:12:56,876 right, I mean, I can see how you'd get confused. 247 00:12:57,010 --> 00:12:58,907 I mean, she let you take her clothes off. 248 00:12:58,911 --> 00:13:01,168 She told me to lie down with her. 249 00:13:01,172 --> 00:13:02,511 She had the spins. 250 00:13:02,515 --> 00:13:03,712 She said she wanted to hold on to something. 251 00:13:03,716 --> 00:13:04,847 So you did get in the bed with her? 252 00:13:04,851 --> 00:13:06,482 Seriously, I'm not saying anything else. 253 00:13:06,486 --> 00:13:09,101 What I understand is no one was making her drink. 254 00:13:09,105 --> 00:13:11,011 So the fact that she was out of it, 255 00:13:11,015 --> 00:13:12,788 that's her fault, not yours. 256 00:13:12,792 --> 00:13:14,852 I'm not talking anymore. 257 00:13:14,952 --> 00:13:16,917 I've seen these situations before, 258 00:13:16,921 --> 00:13:18,794 and usually, 259 00:13:18,798 --> 00:13:20,629 there's a ringleader. 260 00:13:20,633 --> 00:13:23,791 There's an instigator. 261 00:13:23,795 --> 00:13:25,459 I don't think that's you. 262 00:13:25,463 --> 00:13:28,287 The fact that it happened at your house 263 00:13:28,291 --> 00:13:29,738 doesn't look good for you. 264 00:13:29,742 --> 00:13:32,199 So you should tell us before we find something 265 00:13:32,203 --> 00:13:33,600 that could really hurt you. 266 00:13:33,604 --> 00:13:34,643 It's my mom's house. 267 00:13:34,647 --> 00:13:35,778 You don't have permission to search it. 268 00:13:35,782 --> 00:13:38,547 Oh, buddy, it's already happening. 269 00:13:42,922 --> 00:13:45,354 {\an8}I am looking right at it. 270 00:13:45,358 --> 00:13:47,285 -Oh. -Hi. 271 00:13:48,628 --> 00:13:49,862 That's the mother. 272 00:13:49,962 --> 00:13:51,627 Yeah, I'm not sensing cooperation. 273 00:13:51,631 --> 00:13:53,232 Are you sensing laundry day? 274 00:13:53,332 --> 00:13:54,797 She put all the bed linens in the wash, 275 00:13:54,801 --> 00:13:56,703 vacuumed within an inch of her life. 276 00:13:56,803 --> 00:13:57,966 -Still found hair and prints. -Okay, 277 00:13:57,970 --> 00:13:59,468 what about the doorbell cams? 278 00:13:59,472 --> 00:14:00,669 She claims it isn't working. 279 00:14:00,673 --> 00:14:02,037 We're subpoenaing the company to see if 280 00:14:02,041 --> 00:14:03,772 -they've archived any footage. -All right, thanks. 281 00:14:03,776 --> 00:14:05,307 I don't even know what I'm paying you for 282 00:14:05,311 --> 00:14:07,109 -if you can't help me. -Mrs. Berger. 283 00:14:07,113 --> 00:14:10,212 I'm Captain Benson from SVU. 284 00:14:10,216 --> 00:14:11,350 Speak to my attorney. 285 00:14:13,720 --> 00:14:15,221 Call her back. 286 00:14:15,321 --> 00:14:16,556 You can't do that. 287 00:14:16,656 --> 00:14:18,387 When he does call you back, let him know that 288 00:14:18,391 --> 00:14:21,023 you spent the morning obstructing an investigation 289 00:14:21,027 --> 00:14:22,362 and destroying evidence. 290 00:14:24,197 --> 00:14:25,728 Look, I know that you don't want to see 291 00:14:25,732 --> 00:14:29,998 your son in trouble, but covering for him 292 00:14:30,002 --> 00:14:32,288 is only gonna hurt him in the long run. 293 00:14:34,499 --> 00:14:36,167 I have nothing to say. 294 00:14:39,512 --> 00:14:41,193 Nothing from the phone dump. 295 00:14:41,197 --> 00:14:43,579 These guys might be clowns, but they know not to text 296 00:14:43,583 --> 00:14:44,863 anything incriminating. 297 00:14:44,867 --> 00:14:46,548 Hey, you get anything from CSU? 298 00:14:46,552 --> 00:14:48,650 Yeah, the mother wasn't lying about the busted door cam. 299 00:14:48,654 --> 00:14:50,619 There's no footage. They got DNA. 300 00:14:50,623 --> 00:14:52,254 But until we get the rape kit back, 301 00:14:52,258 --> 00:14:53,722 we got nothing to compare it to. 302 00:14:53,726 --> 00:14:54,882 And even if it matches, they're claiming 303 00:14:54,886 --> 00:14:56,392 the sex was consensual. 304 00:14:56,396 --> 00:14:57,797 Hey. Sorry I'm late. 305 00:14:57,897 --> 00:14:59,695 I got held up with the new ADA mentee. 306 00:14:59,699 --> 00:15:00,954 How's that going? 307 00:15:00,958 --> 00:15:02,197 I doubt this guy's ever talked to 308 00:15:02,201 --> 00:15:03,624 a police officer in his life. 309 00:15:03,628 --> 00:15:07,069 He's a snazzy dresser, and Sonny's feeling threatened. 310 00:15:07,073 --> 00:15:09,142 Look, all I'm saying is this guy's tie 311 00:15:09,242 --> 00:15:10,372 costs more than our car lease, Amanda. 312 00:15:10,376 --> 00:15:11,732 -Yeah, it does. -All right, these guys, 313 00:15:11,736 --> 00:15:13,475 they all sticking to this story? 314 00:15:13,479 --> 00:15:14,635 More or less. 315 00:15:14,639 --> 00:15:16,849 If there's a weak link in the bunch, it's Josh. 316 00:15:16,983 --> 00:15:18,914 And if there's a sociopath, it's Scott. 317 00:15:18,918 --> 00:15:20,048 I mean, he said all the right things, 318 00:15:20,052 --> 00:15:21,208 and I wasn't buying it for a minute. 319 00:15:21,212 --> 00:15:22,384 And what about Daniel? 320 00:15:22,388 --> 00:15:24,653 Dime store incel begging for an ass-kicking. 321 00:15:24,657 --> 00:15:27,460 He ratted out Josh for having a crush on the victim. 322 00:15:27,560 --> 00:15:29,424 I bet as soon as we bring them in, they all lawyer up, 323 00:15:29,428 --> 00:15:31,026 and they stop talking. 324 00:15:31,030 --> 00:15:32,461 All right, we need one of these guys to flip. 325 00:15:32,465 --> 00:15:33,754 The mom knows. 326 00:15:33,758 --> 00:15:36,064 The mom protected them and tampered with evidence. 327 00:15:36,068 --> 00:15:37,633 She wants to be a good mom. 328 00:15:37,637 --> 00:15:40,940 And I am gonna give her another chance. 329 00:15:46,604 --> 00:15:47,668 He's not here. 330 00:15:47,672 --> 00:15:51,013 I actually came to speak with you. 331 00:15:51,017 --> 00:15:52,714 Well, I told you, I have nothing to say. 332 00:15:52,718 --> 00:15:55,751 You know, I... I have a son. 333 00:15:55,755 --> 00:15:59,938 And every day, I hope and I pray that 334 00:15:59,942 --> 00:16:01,440 he will grow up 335 00:16:01,444 --> 00:16:03,942 to be a good man. 336 00:16:03,946 --> 00:16:05,832 But at the end of the day, 337 00:16:05,932 --> 00:16:09,335 our children make their own choices. 338 00:16:09,435 --> 00:16:11,504 And it doesn't mean that we messed up as parents 339 00:16:11,604 --> 00:16:15,032 if they make the wrong choice. 340 00:16:15,132 --> 00:16:18,307 But if you teach your son 341 00:16:18,311 --> 00:16:23,512 that he's not responsible for his actions, that is on you. 342 00:16:23,516 --> 00:16:27,850 That is a mistake, one that he will pay for 343 00:16:27,854 --> 00:16:30,853 over and over, 344 00:16:30,857 --> 00:16:33,121 long after you're gone. 345 00:16:38,831 --> 00:16:40,621 I wanted something for the back door, 346 00:16:40,625 --> 00:16:43,532 so I just set up an old webcam. 347 00:16:43,536 --> 00:16:47,336 And when I heard the police were talking to Josh, 348 00:16:47,340 --> 00:16:48,654 I gave it to a neighbor. 349 00:16:48,658 --> 00:16:50,898 She's so wasted. 350 00:16:50,902 --> 00:16:53,158 I'm gonna send her home. 351 00:16:53,162 --> 00:16:55,744 -Bro! You're an idiot. -Why? 352 00:16:55,748 --> 00:16:58,472 'Cause I don't want her puking all over my house? 353 00:16:58,476 --> 00:17:00,019 I thought you were into her, man. 354 00:17:00,119 --> 00:17:01,483 I... 355 00:17:01,487 --> 00:17:03,719 I mean, yeah, but not like this. 356 00:17:03,723 --> 00:17:05,687 Bro, you're missing an opportunity. 357 00:17:05,691 --> 00:17:07,126 You can do whatever you want to her. 358 00:17:07,226 --> 00:17:09,082 She's not gonna remember in the morning. 359 00:17:09,086 --> 00:17:10,792 Come on, come on, come on. 360 00:17:10,796 --> 00:17:13,925 I raised him to be better. 361 00:17:14,025 --> 00:17:16,924 He knows this is wrong. 362 00:17:31,867 --> 00:17:33,382 Pick them up, 363 00:17:33,386 --> 00:17:34,845 all of them. 364 00:17:42,328 --> 00:17:46,119 Docket numbers 89, 90, 91, People of the State of New York 365 00:17:46,123 --> 00:17:49,598 versus Joshua Berger, Daniel Sutcliff, Scott Paletta, 366 00:17:49,602 --> 00:17:51,383 one count each rape in the first degree. 367 00:17:51,387 --> 00:17:52,805 Dominick Carisi for the People. 368 00:17:52,905 --> 00:17:54,440 Andrea Vargas representing all three 369 00:17:54,540 --> 00:17:55,904 of the defendants, Your Honor. 370 00:17:55,908 --> 00:17:57,564 Waivers have been signed, I presume? 371 00:17:57,568 --> 00:17:59,637 -Yes, Your Honor. -The plea? 372 00:17:59,737 --> 00:18:00,709 Not guilty. 373 00:18:00,713 --> 00:18:01,902 Proceed. 374 00:18:01,906 --> 00:18:03,645 This was a gang rape. 375 00:18:03,649 --> 00:18:05,447 The defendants egged each other on and then 376 00:18:05,451 --> 00:18:07,816 took turns with the victim over a protracted period of time. 377 00:18:07,820 --> 00:18:10,485 It's a class B felony, and the People request remand. 378 00:18:10,489 --> 00:18:11,753 She was voluntary intox. 379 00:18:11,757 --> 00:18:13,125 Your Honor knows the law on that. 380 00:18:13,225 --> 00:18:14,856 Plus, the evidence is clear that this 381 00:18:14,860 --> 00:18:16,654 was a consensual encounter. 382 00:18:16,754 --> 00:18:18,060 Consensual? 383 00:18:18,064 --> 00:18:19,695 She was barely conscious, Your Honor. 384 00:18:19,699 --> 00:18:21,229 You expect us to believe that she 385 00:18:21,233 --> 00:18:22,656 wanted these three men to do whatever 386 00:18:22,660 --> 00:18:23,832 they felt like to her body? 387 00:18:23,836 --> 00:18:25,367 -Look, is it my cup of tea? -No. 388 00:18:25,371 --> 00:18:27,369 But believe it or not, there are some people 389 00:18:27,373 --> 00:18:29,108 who favor multiple partners. 390 00:18:29,208 --> 00:18:31,006 I can assure you that the victim is not one of them. 391 00:18:31,010 --> 00:18:33,045 These young men have never been arrested. 392 00:18:33,179 --> 00:18:35,865 They deserve release or a reasonable bail. 393 00:18:37,416 --> 00:18:38,580 Remand is granted. 394 00:18:38,584 --> 00:18:40,286 Next case. 395 00:18:44,774 --> 00:18:47,606 Captain Olivia Benson, meet Aidan Hawkins, 396 00:18:47,610 --> 00:18:49,520 fresh out of criminal court and Harvard Law. 397 00:18:49,620 --> 00:18:50,926 Impressive. 398 00:18:50,930 --> 00:18:52,127 Looking forward to working with you. 399 00:18:52,131 --> 00:18:53,332 -Great. -All right, 400 00:18:53,432 --> 00:18:55,522 training starts with jury selection, Hawkins. 401 00:18:55,526 --> 00:18:56,719 You're doing the voir dire. 402 00:19:01,974 --> 00:19:04,060 {\an8}Who here has ever been drunk? 403 00:19:06,846 --> 00:19:07,897 I know I have. 404 00:19:09,148 --> 00:19:10,946 Oh, come on. 405 00:19:10,950 --> 00:19:12,381 There's no judgment. 406 00:19:12,385 --> 00:19:14,385 I'm not gonna ask you about your drunken escapades. 407 00:19:16,622 --> 00:19:17,948 Thank you. 408 00:19:20,226 --> 00:19:22,828 Does intoxication affect someone's judgment? 409 00:19:23,729 --> 00:19:26,194 Yeah, for sure. 410 00:19:26,198 --> 00:19:28,234 And if they're very intoxicated, 411 00:19:28,334 --> 00:19:30,657 do you believe they make good decisions? 412 00:19:30,661 --> 00:19:31,833 Not usually. 413 00:19:31,837 --> 00:19:32,838 He's good. 414 00:19:34,273 --> 00:19:36,138 What is your beef with him, 415 00:19:36,142 --> 00:19:38,840 aside from the tie? 416 00:19:38,844 --> 00:19:40,676 He's a rich kid, and he's definitely 417 00:19:40,680 --> 00:19:42,210 not sticking around SVU. 418 00:19:42,214 --> 00:19:43,478 Do you believe 419 00:19:43,482 --> 00:19:46,173 someone who has become intoxicated voluntarily 420 00:19:46,177 --> 00:19:48,984 automatically consents to whatever happens to them? 421 00:19:48,988 --> 00:19:50,819 I don't think so. 422 00:19:50,823 --> 00:19:51,924 Why not? 423 00:19:52,024 --> 00:19:53,526 You're not yourself. 424 00:19:53,626 --> 00:19:54,890 You can be influenced to do things 425 00:19:54,894 --> 00:19:56,825 you wouldn't normally do. 426 00:19:56,829 --> 00:19:59,319 Mr. Hawkins, we're about to hit noon. 427 00:19:59,323 --> 00:20:00,487 Let's break for lunch. 428 00:20:00,491 --> 00:20:01,997 We're back in an hour. 429 00:20:02,001 --> 00:20:03,327 See you. 430 00:20:10,267 --> 00:20:11,765 Bounce 4 and 11. 431 00:20:11,769 --> 00:20:13,003 What? 432 00:20:14,046 --> 00:20:15,172 Trust me. 433 00:20:22,288 --> 00:20:24,290 Hey, Carisi, who's that? 434 00:20:24,390 --> 00:20:25,712 That's Gwen Sharpe. 435 00:20:25,716 --> 00:20:28,023 She's a jury consultant, expensive one too. 436 00:20:28,027 --> 00:20:30,125 Usually my office can't afford someone like her. 437 00:20:30,129 --> 00:20:31,877 She gets hired by the big firms, you know. 438 00:20:31,881 --> 00:20:33,887 Okay, could she be working for the defense? 439 00:20:33,891 --> 00:20:35,230 I doubt it. 440 00:20:35,234 --> 00:20:36,832 She's known to donate her time exonerating people 441 00:20:36,836 --> 00:20:38,166 who've been wrongfully convicted. 442 00:20:38,170 --> 00:20:41,307 Well, she said to bounce 4 and 11. 443 00:20:41,407 --> 00:20:42,604 Then we're bouncing 4 and 11. 444 00:20:42,608 --> 00:20:43,839 I'm glad she said something. 445 00:20:43,843 --> 00:20:45,373 -I would have empaneled four. -Yeah, me too. 446 00:20:45,377 --> 00:20:47,075 -All right, not bad up there. -Thanks. 447 00:20:47,079 --> 00:20:48,443 I do have some notes, though. 448 00:20:48,447 --> 00:20:49,967 -We'll call you when we adjourn. -Yeah. 449 00:20:51,417 --> 00:20:52,898 Thanks for the assist. 450 00:20:52,902 --> 00:20:54,983 I hope that wasn't weird. 451 00:20:54,987 --> 00:20:57,067 I-I just couldn't walk away without saying something. 452 00:20:57,123 --> 00:20:58,987 I'm Olivia Benson, SVU. 453 00:20:58,991 --> 00:21:00,626 -Gwen Sharpe. -Yeah. 454 00:21:00,726 --> 00:21:04,760 My ADA was very impressed, and very little impresses him. 455 00:21:04,764 --> 00:21:06,465 Are you here working on a case? 456 00:21:06,565 --> 00:21:08,263 Mine is still in pretrial motions. 457 00:21:08,267 --> 00:21:09,231 -Uh-huh. -I like to see what 458 00:21:09,235 --> 00:21:10,699 the jury pool is looking like. 459 00:21:10,703 --> 00:21:12,868 -It's good practice for me. -Okay. 460 00:21:12,872 --> 00:21:14,006 Well, um, 461 00:21:14,106 --> 00:21:18,039 what about those jurors flagged for you? 462 00:21:18,043 --> 00:21:20,834 Well, 4 was uncomfortable 463 00:21:20,838 --> 00:21:22,381 with any discussion around sex acts. 464 00:21:22,481 --> 00:21:25,614 I think she'll blame the victim when she hears the evidence. 465 00:21:25,618 --> 00:21:27,453 And 11 was lying about alcohol. 466 00:21:27,553 --> 00:21:28,950 She doesn't drink. 467 00:21:28,954 --> 00:21:31,253 I'd worry she'd judge anybody who does. 468 00:21:31,257 --> 00:21:34,560 And you saw all of that from across the room? 469 00:21:34,660 --> 00:21:37,959 I've been doing this for a long time. 470 00:21:37,963 --> 00:21:39,843 I'd be worried about any woman put on this jury. 471 00:21:39,865 --> 00:21:41,429 I know. I know. 472 00:21:41,433 --> 00:21:43,632 They judge other women more harshly. 473 00:21:43,636 --> 00:21:45,500 They project themselves onto the victim. 474 00:21:45,504 --> 00:21:47,636 "I would never put myself in that position. 475 00:21:47,640 --> 00:21:48,870 "This could never happen to me. 476 00:21:48,874 --> 00:21:50,130 Therefore, the victim is to blame." 477 00:21:50,134 --> 00:21:52,870 I wish that I could bring you on for the duration. 478 00:21:52,970 --> 00:21:54,580 I'd prepare yourself. 479 00:21:54,680 --> 00:21:57,270 I think you're invested in the outcome, 480 00:21:57,274 --> 00:21:58,713 rightly so. 481 00:21:58,717 --> 00:21:59,973 I just don't think this is gonna go 482 00:21:59,977 --> 00:22:01,020 the way you want it to. 483 00:22:01,120 --> 00:22:03,380 But you haven't heard the evidence. 484 00:22:03,480 --> 00:22:07,289 I mean, look, we have these men 485 00:22:07,293 --> 00:22:09,090 on video, plotting. 486 00:22:09,094 --> 00:22:10,492 This is a very tricky case, 487 00:22:10,496 --> 00:22:12,719 but I don't know how anybody sees 488 00:22:12,723 --> 00:22:15,263 three men on one drunk woman 489 00:22:15,267 --> 00:22:17,336 as anything other than rape. 490 00:22:18,671 --> 00:22:20,468 You have faith in the system. 491 00:22:20,472 --> 00:22:22,737 I hope you're right. 492 00:22:22,741 --> 00:22:25,407 I just wouldn't have gone to trial on this. 493 00:22:34,336 --> 00:22:36,668 I thought they were my friends. 494 00:22:36,672 --> 00:22:39,124 Josh and Daniel I have known for ten years. 495 00:22:39,225 --> 00:22:42,194 And so you had no reason to be on guard with them? 496 00:22:44,421 --> 00:22:46,031 None. 497 00:22:48,067 --> 00:22:49,789 I thought they were safe. 498 00:22:49,793 --> 00:22:51,591 Thank you, Emily. 499 00:22:51,595 --> 00:22:53,902 Nothing further, Your Honor. 500 00:22:53,906 --> 00:22:54,999 Ms. Vargas. 501 00:22:57,768 --> 00:23:00,346 Now, is it fair to say that no one 502 00:23:00,446 --> 00:23:02,381 made you drink that night, Emily? 503 00:23:04,208 --> 00:23:06,139 No one made me drink. 504 00:23:06,143 --> 00:23:07,916 And you had a lot to drink. 505 00:23:07,920 --> 00:23:09,918 -Objection, Your Honor. -Is she testifying? 506 00:23:09,922 --> 00:23:12,220 I'll rephrase. 507 00:23:12,224 --> 00:23:14,122 How many drinks did you have that night? 508 00:23:14,126 --> 00:23:15,144 Seven? 509 00:23:16,295 --> 00:23:17,855 I really don't remember. 510 00:23:17,955 --> 00:23:20,224 Oh, would you like me to read your statement to SVU? 511 00:23:20,324 --> 00:23:22,034 Um, I think seven or eight. 512 00:23:22,134 --> 00:23:25,237 Now, you could have stopped at any time, correct? 513 00:23:27,389 --> 00:23:28,637 Yes. 514 00:23:28,641 --> 00:23:30,338 And as a result, your memory of that night 515 00:23:30,342 --> 00:23:32,328 is spotty at best. 516 00:23:33,379 --> 00:23:34,743 I remember enough. 517 00:23:34,747 --> 00:23:36,503 I mean, you can't honestly sit here right now 518 00:23:36,507 --> 00:23:39,351 and say whether or not you consented. 519 00:23:39,451 --> 00:23:40,874 I would never consent to that. 520 00:23:40,878 --> 00:23:42,909 Oh, so you said no? 521 00:23:42,913 --> 00:23:44,753 Did you push them away? 522 00:23:44,757 --> 00:23:46,012 Did you do anything to make them stop? 523 00:23:46,016 --> 00:23:48,256 Well, I was looking for my phone. 524 00:23:48,260 --> 00:23:50,050 I-I was trying to leave. 525 00:23:50,054 --> 00:23:52,327 Or were you encouraging them? 526 00:23:54,066 --> 00:23:56,093 -No. -So now you say no. 527 00:23:56,193 --> 00:23:59,067 But isn't it true that you told Captain Benson 528 00:23:59,071 --> 00:24:00,898 you don't remember saying no? 529 00:24:00,998 --> 00:24:02,433 I don't know. 530 00:24:02,533 --> 00:24:06,566 You never said no, did you, Emily? 531 00:24:06,570 --> 00:24:09,202 And then when you woke up, you changed your mind. 532 00:24:09,206 --> 00:24:10,929 -Objection, Your Honor. -She's badgering. 533 00:24:10,933 --> 00:24:13,648 -Sustained. -Take it down a notch, Counsel. 534 00:24:16,246 --> 00:24:18,345 I have nothing else. 535 00:24:22,328 --> 00:24:24,918 Redirect, Mr. Carisi? 536 00:24:29,702 --> 00:24:32,463 No, Your Honor. 537 00:24:32,563 --> 00:24:34,598 Emily, you're free to go now. 538 00:24:34,698 --> 00:24:37,130 You're free to go. 539 00:24:37,134 --> 00:24:39,978 The People rest. 540 00:24:42,272 --> 00:24:43,307 Put your game face on. 541 00:24:43,407 --> 00:24:44,746 We'll take them apart in the cross. 542 00:24:50,806 --> 00:24:52,616 The defense rests, Your Honor. 543 00:25:01,759 --> 00:25:03,460 Verdict? 544 00:25:03,560 --> 00:25:05,367 Vargas came to me with an offer. 545 00:25:05,371 --> 00:25:06,484 What is it? 546 00:25:06,488 --> 00:25:08,257 Forcible touching, time served. 547 00:25:10,167 --> 00:25:11,427 Time served. 548 00:25:12,995 --> 00:25:14,467 Is she kidding? 549 00:25:14,471 --> 00:25:16,336 Look, we all knew this was gonna be a tough case. 550 00:25:16,340 --> 00:25:19,476 But at least this way, they're on the sex offender registry. 551 00:25:19,576 --> 00:25:21,645 Carisi. 552 00:25:21,745 --> 00:25:24,285 You can't make this deal, not after everything 553 00:25:24,289 --> 00:25:25,691 that Emily has gone through. 554 00:25:25,791 --> 00:25:27,359 I'm telling you, 555 00:25:27,459 --> 00:25:29,661 we're gonna get buried here. 556 00:25:29,762 --> 00:25:32,786 And then they're gonna walk, and we will have nothing. 557 00:25:32,790 --> 00:25:34,032 I agree with Captain Benson. 558 00:25:35,659 --> 00:25:36,831 Oh, great. 559 00:25:36,835 --> 00:25:38,299 Let's hear from the guy who was cutting deals 560 00:25:38,303 --> 00:25:40,806 with purse snatchers in criminal court six months ago. 561 00:25:40,906 --> 00:25:43,196 -A deal makes us look bad. -It's bad for justice. 562 00:25:43,200 --> 00:25:45,432 It makes us look bad? 563 00:25:45,436 --> 00:25:47,671 Well, so does an acquittal. 564 00:25:47,771 --> 00:25:49,035 That's what we're looking at here. 565 00:25:49,039 --> 00:25:50,382 A misdemeanor? 566 00:25:53,368 --> 00:25:55,316 Absolutely not. 567 00:25:55,320 --> 00:25:58,015 Carisi, you can't settle for that. 568 00:26:00,893 --> 00:26:03,024 You know what, Liv? 569 00:26:03,028 --> 00:26:05,197 It would be nice if, for once, 570 00:26:05,297 --> 00:26:06,878 you could give me some credit for knowing 571 00:26:06,882 --> 00:26:08,363 what the hell I'm talking about. 572 00:26:08,367 --> 00:26:12,459 Anyway, I'm here as a courtesy. 573 00:26:12,463 --> 00:26:14,436 I'm not asking for your permission. 574 00:26:14,440 --> 00:26:16,721 Hey. Sorry. 575 00:26:16,725 --> 00:26:19,745 Sonny, your office called, and the judge wants everybody back. 576 00:26:27,853 --> 00:26:30,568 I have a note here from our jury foreperson. 577 00:26:30,572 --> 00:26:32,687 "Our deliberations have stalled, 578 00:26:32,691 --> 00:26:35,723 and we are hopelessly deadlocked." 579 00:26:35,727 --> 00:26:36,862 Pretty unequivocal. 580 00:26:36,962 --> 00:26:38,126 Your Honor, we request that 581 00:26:38,130 --> 00:26:39,598 you give the jury an Allen Charge. 582 00:26:39,698 --> 00:26:41,062 Already done, Mr. Carisi. 583 00:26:41,066 --> 00:26:42,522 Then give them a modified Allen Charge. 584 00:26:42,526 --> 00:26:44,228 Force them to restart deliberations 585 00:26:44,328 --> 00:26:45,333 until they reach a verdict. 586 00:26:45,337 --> 00:26:46,430 They're hung. 587 00:26:46,530 --> 00:26:48,194 And I'm declaring a mistrial. 588 00:26:48,198 --> 00:26:50,271 Your Honor, a motion for the immediate release 589 00:26:50,275 --> 00:26:52,244 -of my clients. -Well, absolutely not. 590 00:26:52,344 --> 00:26:54,242 The People fully intend to retry this case 591 00:26:54,246 --> 00:26:55,844 at the court's earliest convenience. 592 00:26:55,848 --> 00:26:57,645 The bail condition should remain the same. 593 00:26:57,649 --> 00:26:59,239 Yeah, I agree. 594 00:26:59,243 --> 00:27:00,540 The defendants will remain in custody. 595 00:27:00,544 --> 00:27:03,088 Oh, and let's bring the jury back in. 596 00:27:03,188 --> 00:27:06,087 We'll thank them for their service, 597 00:27:06,091 --> 00:27:09,086 and then we'll start all over again. 598 00:27:21,323 --> 00:27:23,104 I guess I just wanted to tell you in person 599 00:27:23,108 --> 00:27:24,764 after everything you've done. 600 00:27:24,768 --> 00:27:28,268 Well, I just did my job, and I am sorry that... 601 00:27:28,272 --> 00:27:30,178 that it wasn't enough. 602 00:27:30,182 --> 00:27:31,746 No, I'm sorry. 603 00:27:31,750 --> 00:27:33,715 I always thought of myself as, like, 604 00:27:33,719 --> 00:27:36,822 this pretty strong person, but... 605 00:27:39,082 --> 00:27:40,522 I was sitting there in the courtroom, 606 00:27:40,584 --> 00:27:43,162 and everybody's looking at me like I'm some drunk whore. 607 00:27:43,262 --> 00:27:44,296 That's not true. 608 00:27:44,396 --> 00:27:45,998 It is. 609 00:27:49,393 --> 00:27:51,161 I mean, 610 00:27:51,261 --> 00:27:53,463 some of them thought so on the jury. 611 00:28:03,006 --> 00:28:05,213 I... 612 00:28:05,217 --> 00:28:08,082 I just can't do it again. 613 00:28:08,086 --> 00:28:10,180 And... 614 00:28:10,280 --> 00:28:12,024 I know I'm disappointing you. 615 00:28:12,124 --> 00:28:16,019 -Listen to me. -You're not disappointing me. 616 00:28:16,119 --> 00:28:19,331 It's actually the opposite. I'm amazed by you. 617 00:28:19,431 --> 00:28:24,691 You are... you are an incredibly strong woman. 618 00:28:24,695 --> 00:28:26,834 And I'm not gonna sit here and lie to you 619 00:28:26,838 --> 00:28:30,834 and tell you that another trial would be easier because... 620 00:28:30,934 --> 00:28:34,701 because it would probably be harder. 621 00:28:36,682 --> 00:28:40,882 And you've been through something incredibly difficult. 622 00:28:40,886 --> 00:28:43,013 And you're still here. 623 00:28:51,154 --> 00:28:53,565 Maybe I should have just said I passed out. 624 00:29:00,831 --> 00:29:03,229 It's just, like, kind of messed up that 625 00:29:03,233 --> 00:29:06,078 the truth doesn't always matter. 626 00:29:22,494 --> 00:29:23,691 Hi. 627 00:29:23,695 --> 00:29:25,293 -Gwen, what are you... -what are you doing here? 628 00:29:25,297 --> 00:29:27,424 Oh, I had to meet a client downstairs. 629 00:29:27,524 --> 00:29:29,055 Listen, I heard about the mistrial. 630 00:29:29,059 --> 00:29:30,398 Oh, yeah. 631 00:29:30,402 --> 00:29:32,602 I thought you might wanna drown your sorrows a little. 632 00:29:36,425 --> 00:29:39,641 I think the stay-at-home mom was one of the holdouts 633 00:29:39,645 --> 00:29:41,776 and the old guy with the missing tooth. 634 00:29:41,780 --> 00:29:43,077 He didn't like your ADA. 635 00:29:43,081 --> 00:29:44,704 Well, all of this information is super helpful 636 00:29:44,708 --> 00:29:47,315 after the fact, so thank you so much for that. 637 00:29:47,319 --> 00:29:49,442 Listen, I was rooting for you. 638 00:29:49,446 --> 00:29:51,010 I've been wrong before. 639 00:29:52,049 --> 00:29:53,946 You always take your losses so hard? 640 00:29:53,950 --> 00:29:56,294 No, I don't. 641 00:29:57,429 --> 00:29:59,089 What's so special about this one? 642 00:30:02,134 --> 00:30:05,237 I've been doing this work for almost 30 years, 643 00:30:05,337 --> 00:30:08,127 and most of the time, I convinced myself 644 00:30:08,131 --> 00:30:10,100 that even when a case goes south 645 00:30:10,200 --> 00:30:13,412 that it's the fight that matters. 646 00:30:13,512 --> 00:30:15,814 That's... that's a nice way of thinking about it. 647 00:30:15,914 --> 00:30:16,898 Yeah. 648 00:30:19,685 --> 00:30:22,316 We don't stop anything. 649 00:30:22,320 --> 00:30:27,322 We don't prevent a crime from happening. 650 00:30:27,326 --> 00:30:30,091 We just pick up the pieces afterwards. 651 00:30:30,095 --> 00:30:32,977 But that's always been the case, hasn't it? 652 00:30:32,981 --> 00:30:36,268 You didn't pick Anti-Crime. You chose SVU. 653 00:30:36,368 --> 00:30:39,162 -That is true. -That is true. 654 00:30:39,262 --> 00:30:41,465 So what's changed? 655 00:30:44,209 --> 00:30:48,743 That is the problem, is that nothing has changed. 656 00:30:48,747 --> 00:30:51,713 We're 30 years in, and a jury gets to decide 657 00:30:51,717 --> 00:30:53,815 that if a woman drinks too much, 658 00:30:53,819 --> 00:30:57,013 then she deserves to be raped. 659 00:30:57,114 --> 00:30:58,523 That is the problem. 660 00:30:59,583 --> 00:31:01,481 Yeah. 661 00:31:01,485 --> 00:31:02,527 That's hard. 662 00:31:04,763 --> 00:31:06,156 How do you deal with that? 663 00:31:09,901 --> 00:31:11,870 You know, the work used to be enough. 664 00:31:14,331 --> 00:31:17,071 My old partner used... 665 00:31:17,075 --> 00:31:18,523 violence to deal with it. 666 00:31:18,527 --> 00:31:20,512 He used to get physical with the suspects. 667 00:31:20,612 --> 00:31:21,892 But that took a toll on him too. 668 00:31:21,980 --> 00:31:23,715 I mean, 669 00:31:23,815 --> 00:31:26,218 maybe there is no good way. 670 00:31:29,704 --> 00:31:31,586 Um, 671 00:31:31,590 --> 00:31:34,659 so I have a... 672 00:31:34,760 --> 00:31:37,721 a personal history with the type of crimes you investigate. 673 00:31:37,821 --> 00:31:40,194 It's a... it's a story for another time. 674 00:31:40,198 --> 00:31:43,034 But what I can say is, you're right. 675 00:31:43,135 --> 00:31:45,216 The world hasn't changed much in 30 years, 676 00:31:45,220 --> 00:31:47,668 and certainly, the perps haven't. 677 00:31:47,672 --> 00:31:50,221 So what can you do about it? 678 00:31:50,225 --> 00:31:51,409 Quit? 679 00:31:53,562 --> 00:31:55,401 No. 680 00:31:55,405 --> 00:31:56,869 No, I'm not... 681 00:31:56,873 --> 00:31:58,513 I'm not ready to quit. 682 00:31:58,517 --> 00:32:00,081 Okay. 683 00:32:00,085 --> 00:32:04,085 Then the only other option is to fight. 684 00:32:04,089 --> 00:32:06,879 Just fight different. 685 00:32:11,897 --> 00:32:17,727 ♪ They know not if it's dark outside or light ♪ 686 00:32:19,371 --> 00:32:26,111 ♪ They know not if it's dark outside or light ♪ 687 00:32:28,046 --> 00:32:29,268 Late night visits gonna be 688 00:32:29,272 --> 00:32:30,578 a regular thing from you, Captain? 689 00:32:30,582 --> 00:32:33,448 -Look, I... -I need an arrest warrant. 690 00:32:33,452 --> 00:32:35,412 For whom? 691 00:32:35,512 --> 00:32:37,756 Josh Berger's mother, Stephanie. 692 00:32:37,856 --> 00:32:39,057 On what charge? 693 00:32:39,157 --> 00:32:42,181 Tampering and obstruction of justice. 694 00:32:42,185 --> 00:32:43,962 Hold on. Uh, uh. 695 00:32:44,062 --> 00:32:45,785 Berger's mother cooperated. 696 00:32:45,789 --> 00:32:46,928 She handed over evidence. 697 00:32:46,932 --> 00:32:48,300 The charges will never stick. 698 00:32:50,468 --> 00:32:51,699 And you can just arrest her yourself. 699 00:32:51,703 --> 00:32:53,023 You don't need a warrant from me. 700 00:32:53,038 --> 00:32:55,307 I'd like to go through the proper channels. 701 00:32:56,908 --> 00:33:01,067 You wanna use her to get her son to flip. 702 00:33:01,071 --> 00:33:03,311 You wanna arrest someone you know to be innocent 703 00:33:03,315 --> 00:33:05,463 to pressure their child. 704 00:33:05,467 --> 00:33:06,747 And you came to the new dumb ADA 705 00:33:06,751 --> 00:33:08,216 because you know Carisi wouldn't go for it. 706 00:33:08,220 --> 00:33:11,481 I don't need an ethics lecture from you. 707 00:33:11,581 --> 00:33:13,821 I'm not lecturing. 708 00:33:13,825 --> 00:33:16,090 It's a great idea, mob tactics. 709 00:33:16,094 --> 00:33:18,951 If you can't get the guy, go after the family. 710 00:33:21,099 --> 00:33:23,756 You surprise me, Hawkins. 711 00:33:23,760 --> 00:33:26,000 I might suggest adding a conspiracy 712 00:33:26,004 --> 00:33:27,735 to commit rape charge. 713 00:33:27,739 --> 00:33:29,165 You wanna pressure Berger? 714 00:33:29,266 --> 00:33:30,229 That ought to do it. 715 00:33:32,827 --> 00:33:35,142 By all means. 716 00:33:35,146 --> 00:33:36,514 Come in. 717 00:33:49,211 --> 00:33:50,750 What is this? 718 00:33:50,754 --> 00:33:51,688 Where's my lawyer? 719 00:33:51,788 --> 00:33:53,227 I'm Steve Kaplan. 720 00:33:53,231 --> 00:33:54,991 The judge in your case appointed me to be 721 00:33:55,091 --> 00:33:56,411 -your new defense attorney. -What? 722 00:33:56,459 --> 00:33:58,491 No, no, no, I didn't agree to that. 723 00:33:58,495 --> 00:34:00,134 Because the district attorney's office 724 00:34:00,138 --> 00:34:02,028 has an offer that you should hear. 725 00:34:02,032 --> 00:34:03,458 You arrested my mother! 726 00:34:04,676 --> 00:34:06,978 She didn't do anything wrong. 727 00:34:07,078 --> 00:34:09,977 We've determined that of the three defendants in this case, 728 00:34:09,981 --> 00:34:11,846 you are the least culpable. 729 00:34:11,850 --> 00:34:13,648 In exchange for your testimony 730 00:34:13,652 --> 00:34:15,283 against Mr. Sutcliff and Mr. Paletta, 731 00:34:15,287 --> 00:34:16,655 we can offer you rape two. 732 00:34:16,755 --> 00:34:18,844 Sentencing is 2 1/3 to 5. 733 00:34:18,848 --> 00:34:21,380 -Sex abuse three, time served. -No. 734 00:34:21,384 --> 00:34:23,891 He's useless to me as a witness if I give him a misdemeanor. 735 00:34:23,895 --> 00:34:26,556 It'll look like we bought his testimony. 736 00:34:26,656 --> 00:34:28,562 Plead to the felony, testify, 737 00:34:28,566 --> 00:34:30,231 with good behavior, you're out in two. 738 00:34:30,235 --> 00:34:33,834 And any legal issues that your mother is facing go away. 739 00:34:33,838 --> 00:34:35,398 What you are doing is so messed up. 740 00:34:35,498 --> 00:34:37,772 What I'm doing is saving you 741 00:34:37,776 --> 00:34:40,745 from a potential 20-year sentence. 742 00:34:44,683 --> 00:34:46,739 From what I understand, more people thought 743 00:34:46,743 --> 00:34:48,749 you were guilty than not. 744 00:34:48,753 --> 00:34:51,752 This is a way to save yourself, Josh. 745 00:34:51,756 --> 00:34:53,758 I recommend you take this deal. 746 00:34:59,698 --> 00:35:00,682 Fine. 747 00:35:03,251 --> 00:35:06,092 I'll testify, but my mom has to be out today. 748 00:35:06,096 --> 00:35:07,263 Great news. 749 00:35:07,364 --> 00:35:09,608 We'll be in touch as soon as my boss signs off. 750 00:35:15,513 --> 00:35:17,782 What the hell was this, Liv, huh? 751 00:35:17,882 --> 00:35:19,780 After all these years, you're gonna go behind my back? 752 00:35:19,784 --> 00:35:21,611 I didn't wanna put you in a position... 753 00:35:21,711 --> 00:35:23,351 In what position? 754 00:35:23,355 --> 00:35:25,511 Wrongly arresting an innocent woman to get to her son? 755 00:35:25,515 --> 00:35:27,088 -That one? -Sonny, listen... 756 00:35:27,092 --> 00:35:29,382 No, you need to walk away from me right now. 757 00:35:29,386 --> 00:35:31,125 Okay, Carisi, I... 758 00:35:31,129 --> 00:35:33,119 -let's just talk, please. -Liv, 759 00:35:33,123 --> 00:35:35,621 you know what? 760 00:35:35,625 --> 00:35:37,794 You think you're the only person 761 00:35:37,894 --> 00:35:39,233 who cares about these victims. 762 00:35:39,237 --> 00:35:42,407 And so you push, and you push, and you push, 763 00:35:42,507 --> 00:35:44,267 until you get what you think is justice. 764 00:35:44,367 --> 00:35:46,478 Yes, I do, because somebody has to. 765 00:35:49,080 --> 00:35:50,415 I... I didn't mean... 766 00:35:50,515 --> 00:35:52,772 -I didn't mean it like that. -Yeah, you did. Yeah, you did. 767 00:35:52,776 --> 00:35:54,548 That's why you're sitting in the courtroom every day, huh? 768 00:35:54,552 --> 00:35:55,620 No. 769 00:35:55,720 --> 00:35:57,218 Watching me to make sure I don't screw up? 770 00:35:57,222 --> 00:35:58,611 Carisi, stop. 771 00:35:58,615 --> 00:36:00,325 That's... that's not it. 772 00:36:02,293 --> 00:36:06,598 I did what needed to be done. 773 00:36:06,698 --> 00:36:08,195 Josh flipped. 774 00:36:08,199 --> 00:36:10,960 He's gonna testify against the other two. 775 00:36:11,061 --> 00:36:12,566 This is good news. 776 00:36:12,570 --> 00:36:16,153 This is the best outcome that we could have hoped for. 777 00:36:16,157 --> 00:36:18,631 You get a new trial with Josh's testimony, 778 00:36:18,635 --> 00:36:21,876 and I'm certain that Emily will testify. 779 00:36:21,880 --> 00:36:24,570 This is... this is a win. 780 00:36:28,920 --> 00:36:31,077 What is going on with you, Liv? 781 00:36:47,138 --> 00:36:51,572 {\an8}Mr. Berger, when did you decide to take Emily into the bedroom? 782 00:36:51,576 --> 00:36:52,907 She was dizzy. 783 00:36:52,911 --> 00:36:54,533 She said she wanted to lie down. 784 00:36:54,537 --> 00:36:57,436 And at that point, was she extremely intoxicated? 785 00:36:57,440 --> 00:36:59,880 -Yeah. -She could hardly stand up. 786 00:36:59,884 --> 00:37:03,021 So what happened when you got into the bedroom? 787 00:37:03,121 --> 00:37:07,254 I, uh, laid down next to her in the bed. 788 00:37:07,258 --> 00:37:09,185 Did she say anything? 789 00:37:10,361 --> 00:37:12,259 She kept asking where her phone was. 790 00:37:12,263 --> 00:37:14,557 Did you give it to her? 791 00:37:14,657 --> 00:37:16,901 -No. -Why not? 792 00:37:20,138 --> 00:37:21,527 Scott had it. 793 00:37:21,531 --> 00:37:23,341 Why did Scott have it? 794 00:37:23,441 --> 00:37:25,364 She was trying to get an Uber, 795 00:37:25,368 --> 00:37:28,709 and he took it from her so she couldn't. 796 00:37:28,713 --> 00:37:31,212 Did either of the defendants 797 00:37:31,216 --> 00:37:33,668 come into the bedroom at any point? 798 00:37:35,353 --> 00:37:37,413 Yeah. 799 00:37:37,514 --> 00:37:39,120 Both Scott and Danny came in. 800 00:37:39,124 --> 00:37:40,592 And then what happened? 801 00:37:45,413 --> 00:37:47,257 Mr. Berger, please tell the jury 802 00:37:47,357 --> 00:37:51,519 what happened after the defendants entered the bedroom. 803 00:37:54,831 --> 00:37:55,857 Um... 804 00:37:58,643 --> 00:38:02,113 So by then, Emily was passed out, and... 805 00:38:04,774 --> 00:38:07,243 Scott took off her pants. 806 00:38:09,412 --> 00:38:11,610 And he was like, come on, man, 807 00:38:11,614 --> 00:38:13,512 you go first. 808 00:38:13,516 --> 00:38:15,418 And at that point, you raped her. 809 00:38:19,030 --> 00:38:21,086 Yes. 810 00:38:21,090 --> 00:38:24,098 What happened next? 811 00:38:24,102 --> 00:38:26,634 Scott told Danny to go next. 812 00:38:26,638 --> 00:38:29,203 And then he told me to stay and watch. 813 00:38:29,207 --> 00:38:31,630 And... 814 00:38:31,634 --> 00:38:33,365 then Scott took his turn. 815 00:38:33,369 --> 00:38:35,438 Was Emily conscious during this? 816 00:38:36,748 --> 00:38:39,797 She kept waking up and passing out. 817 00:38:39,801 --> 00:38:43,217 So your testimony, to be clear, 818 00:38:43,221 --> 00:38:44,656 is that there were times when Emily 819 00:38:44,756 --> 00:38:47,408 was completely unconscious. 820 00:38:50,929 --> 00:38:52,384 Yeah. 821 00:38:52,388 --> 00:38:54,958 She had no idea what was going on for most of it. 822 00:38:58,136 --> 00:38:59,629 I'm sorry. 823 00:39:01,906 --> 00:39:05,335 I'd been thinking about her so much and... 824 00:39:05,435 --> 00:39:10,010 fantasizing, and... 825 00:39:10,014 --> 00:39:13,072 I convinced myself that she wanted it. 826 00:39:16,446 --> 00:39:19,245 That if she was awake, she would have wanted it. 827 00:39:30,335 --> 00:39:33,872 As to the charge of rape in the first degree, 828 00:39:33,972 --> 00:39:36,762 how do you find the defendant, Daniel Sutcliff? 829 00:39:36,766 --> 00:39:38,672 Guilty. 830 00:39:38,676 --> 00:39:42,309 As to the charge of rape in the first degree, 831 00:39:42,313 --> 00:39:45,550 how do you find the defendant, Scott Paletta? 832 00:39:45,650 --> 00:39:48,699 Guilty. 833 00:39:48,703 --> 00:39:50,321 Ladies and gentlemen, on behalf 834 00:39:50,421 --> 00:39:53,725 of the People of the State of New York, I thank you. 835 00:39:57,020 --> 00:39:59,560 -Great... -great work, Carisi. 836 00:39:59,564 --> 00:40:01,399 Thank you. 837 00:40:09,507 --> 00:40:10,408 Okay.