1 00:00:01,168 --> 00:00:02,841 NARRATOR: In the criminal justice system 2 00:00:02,903 --> 00:00:06,783 the people are represented by two separate yet equally important groups, 3 00:00:06,840 --> 00:00:08,649 the police who investigate crime 4 00:00:08,709 --> 00:00:11,519 and the district attorneys who prosecute the offenders. 5 00:00:11,578 --> 00:00:13,387 These are their stories. 6 00:00:14,114 --> 00:00:17,254 So she turns out the lights and brings out this big birthday cake. 7 00:00:17,317 --> 00:00:19,228 "Happy Birthday, Harry," it says. 8 00:00:19,286 --> 00:00:21,459 How old's the little guy? Two. 9 00:00:21,522 --> 00:00:24,901 She tried to get him to blow out the candles. You should have seen that. 10 00:00:24,958 --> 00:00:26,665 Managed to open his own presents, though. 11 00:00:26,727 --> 00:00:27,728 What'd you get him? 12 00:00:27,794 --> 00:00:30,934 A doghouse, so he'd stop sleeping in the bed with us. 13 00:00:30,998 --> 00:00:32,568 No such luck. 14 00:00:33,267 --> 00:00:36,714 You know, Shepski, maybe it's time you two started thinking about kids. 15 00:00:36,770 --> 00:00:40,877 WOMAN ON POLICE RADIO: Any available 2-7 car for a 10-53, possible fatality. 16 00:00:40,941 --> 00:00:42,579 Ambulance en route. 17 00:00:43,544 --> 00:00:46,821 2-7 sector Charlie standing by. Will respond, Central. 18 00:00:47,381 --> 00:00:48,917 (SIREN WAILING) 19 00:00:49,316 --> 00:00:53,196 1-David-1-0-9-9-9-6-3-6... 20 00:00:55,322 --> 00:00:56,892 CROCKIT: Oh, boy. 21 00:00:59,126 --> 00:01:00,400 It's bad. 22 00:01:01,461 --> 00:01:05,204 2-7 Charlie to Central. Better put a rush on that bus. 23 00:01:07,568 --> 00:01:11,516 This better be good, Crockit. I was on my way home. I don't feel so good. 24 00:01:11,572 --> 00:01:13,279 Hey, don't look at me. 25 00:01:13,340 --> 00:01:15,946 AIS guy says there's something fishy, call the suits. 26 00:01:16,009 --> 00:01:17,613 I do what I'm told. What happened? 27 00:01:17,678 --> 00:01:20,318 Judging from the skid marks, this guy's going the wrong way, 28 00:01:20,380 --> 00:01:23,520 swerves into the other car, and wham. The other guy never had a chance. 29 00:01:23,584 --> 00:01:27,031 Last time I looked I don't do accident investigations. 30 00:01:27,087 --> 00:01:29,158 (POLICE RADIO CHATTERING) 31 00:01:30,190 --> 00:01:34,730 Here's your murder weapon. Rest in peace, you sorry bastard. 32 00:01:35,028 --> 00:01:38,066 What the hell happened? Didn't you hear? We got demoted. 33 00:01:38,131 --> 00:01:40,702 RANDALL: Briscoe, Logan. Over here. 34 00:01:40,767 --> 00:01:43,907 Randall, this is a traffic accident. I'm going to bed. 35 00:01:43,971 --> 00:01:47,282 Just take a look at this, would you? I'm getting ready to write it up. 36 00:01:47,341 --> 00:01:49,617 Looks like a standard 54 with a DOA, 37 00:01:49,676 --> 00:01:53,214 and then I noticed most of her wounds are on the right side of her body. 38 00:01:53,280 --> 00:01:55,886 Except she's in the driver's seat. 39 00:01:55,949 --> 00:01:58,225 Yeah. Well, she's about 5'4 ", 5'2", 40 00:01:58,285 --> 00:02:01,528 but the seat's all the way back and her feet can't even touch the pedals. 41 00:02:01,588 --> 00:02:03,932 So maybe the seat got jarred in the crash. 42 00:02:03,991 --> 00:02:06,164 No. It would've gotten jarred forward. 43 00:02:06,226 --> 00:02:08,467 I don't think she was driving. 44 00:02:09,363 --> 00:02:11,343 So what are you saying? Somebody moved her? 45 00:02:11,398 --> 00:02:13,105 Then fled the scene. 46 00:02:13,166 --> 00:02:15,646 Not one law-abiding citizen saw any of this? 47 00:02:15,702 --> 00:02:18,945 A woman down the block says she heard the crash about 1:45. 48 00:02:19,006 --> 00:02:22,317 That's verified by some people coming out of Club Mania. 49 00:02:22,376 --> 00:02:24,856 But nobody actually saw anything. 50 00:02:24,911 --> 00:02:26,891 (SIGHING) There goes my beauty sleep. 51 00:03:14,694 --> 00:03:17,903 A guy smacks up his car, takes off into the night. 52 00:03:18,598 --> 00:03:19,838 I'd say he's got something to hide. 53 00:03:19,900 --> 00:03:22,437 You ever think maybe he went for medical treatment? 54 00:03:22,502 --> 00:03:26,746 Well, then either he never got there or he didn't go to any ER in this city. 55 00:03:26,807 --> 00:03:28,650 So what do we have, leaving the scene? 56 00:03:28,708 --> 00:03:31,814 AIS says it was the drunk guy's fault. 57 00:03:31,878 --> 00:03:33,221 No reason to leave the scene. 58 00:03:33,280 --> 00:03:36,454 What, you still got a head cold? He moved the girl's body. 59 00:03:36,516 --> 00:03:38,962 Whoever it was didn't want anyone to know he was there. 60 00:03:39,019 --> 00:03:41,226 What do we have on the girl? 61 00:03:41,288 --> 00:03:44,235 Lyssa Wesley. 497 West 83rd. 62 00:03:44,291 --> 00:03:47,397 It was her car. Looks like she lives alone. 63 00:03:47,461 --> 00:03:50,840 Well, odds are our mystery man has a wife and a couple of kids at home 64 00:03:50,897 --> 00:03:53,104 who thought he was at his office working late. 65 00:03:53,166 --> 00:03:55,737 This is a matter for the divorce lawyers, not us. 66 00:03:55,802 --> 00:03:58,874 If he took off before she died, it's us. 67 00:04:00,107 --> 00:04:02,087 Talk to the ME's office. 68 00:04:02,509 --> 00:04:04,887 See this horizontal laceration on her forehead? 69 00:04:04,945 --> 00:04:07,391 Looks like she hit the dash. Died instantly. 70 00:04:07,447 --> 00:04:09,324 Thank you for small favors. 71 00:04:09,382 --> 00:04:13,990 Yeah, but somebody did her a big one before she died. Look at these bruises. 72 00:04:17,057 --> 00:04:19,435 Well, you should've seen the car. 73 00:04:19,493 --> 00:04:23,236 These were on her legs and arms which are not consistent with the crash. 74 00:04:23,296 --> 00:04:27,574 Abrasions on her buttocks and more bruises resembling finger marks. 75 00:04:28,602 --> 00:04:30,513 Looks like her underwear was ripped off. 76 00:04:30,570 --> 00:04:32,709 And there's vaginal tearing. Semen. 77 00:04:32,773 --> 00:04:34,616 So we're talking rape. 78 00:04:35,242 --> 00:04:39,156 If it was a romantic evening at home, I'd hate to meet her boyfriend. 79 00:04:44,184 --> 00:04:47,791 Her head hit the dash here at this dent, point of impact. 80 00:04:47,854 --> 00:04:50,425 Whoever moved her was 6', maybe 6'1", 81 00:04:50,490 --> 00:04:52,470 judging from the seat and the rearview mirrors. 82 00:04:52,526 --> 00:04:53,732 You get any lifts? Yeah. 83 00:04:53,794 --> 00:04:56,502 A few off the steering wheel and gear shift that aren't hers. 84 00:04:56,563 --> 00:04:58,839 Sent them to latent. The guy doesn't have a record. 85 00:04:58,899 --> 00:05:00,936 He went all out for his first offense. 86 00:05:01,001 --> 00:05:03,413 Anything else inside the car? Yeah. Right over here. 87 00:05:03,470 --> 00:05:06,041 I got an old playbill from My Fair Lady, 88 00:05:06,106 --> 00:05:08,313 an eyebrow pencil, some loose change... 89 00:05:08,375 --> 00:05:11,822 Valet parking ticket. Yeah. Found it down in between the seat. 90 00:05:11,878 --> 00:05:13,789 Hotel Intercontinental. 91 00:05:15,982 --> 00:05:18,622 Oh, yeah, I remember her. She left right before my shift ended. 92 00:05:18,685 --> 00:05:21,495 Around 1:30, 1:45. 93 00:05:21,555 --> 00:05:24,832 She leave alone? No. She was with some guy. 94 00:05:24,891 --> 00:05:26,802 And they weren't having the best time, either. 95 00:05:26,860 --> 00:05:29,500 You mean they were fighting? I didn't see them. 96 00:05:29,563 --> 00:05:31,270 But she was crying 97 00:05:31,331 --> 00:05:33,402 and it seemed like he was in a big hurry to get her out of here. 98 00:05:33,466 --> 00:05:35,036 Could you describe him? 99 00:05:36,136 --> 00:05:39,515 Six feet, maybe. Dark hair. Wearing a tuxedo. 100 00:05:39,773 --> 00:05:41,252 Would he stand out in a crowd? 101 00:05:41,308 --> 00:05:43,845 Not really. The place was crawling with tuxedos last night. 102 00:05:43,910 --> 00:05:46,083 Some kind of fundraiser for that Talbert guy. 103 00:05:46,146 --> 00:05:48,319 Councilman Talbert? Yeah, that's the one. 104 00:05:48,381 --> 00:05:51,260 Man, I hate politicians. They don't tip for nothing. 105 00:05:55,622 --> 00:05:58,262 PENNY: I've known her about three months now. 106 00:05:58,325 --> 00:06:00,601 We worked together on the campaign. 107 00:06:01,661 --> 00:06:05,370 I just can't believe she's dead. I just saw her last night. 108 00:06:05,732 --> 00:06:08,144 That would be at the fundraiser, right? Yeah. 109 00:06:08,201 --> 00:06:11,114 Mr. Talbert invited the whole staff, including the peons. 110 00:06:11,171 --> 00:06:12,980 We even got to meet the mayor. 111 00:06:13,039 --> 00:06:17,249 Was Lyssa there with a date? No. Her fianc? had to work. 112 00:06:17,344 --> 00:06:19,324 LOGAN: What time did she leave? 113 00:06:20,013 --> 00:06:21,856 I don't know. 114 00:06:22,182 --> 00:06:26,756 9:00 maybe. I was supposed to get a ride home with her after the party. 115 00:06:26,820 --> 00:06:30,632 She went to make a call to her fianc? and never came back. 116 00:06:30,924 --> 00:06:35,771 The valet said she left with a tall man, dark hair, wearing a tux. 117 00:06:36,096 --> 00:06:39,441 Well, that could be anybody. Half the guys here were wearing tuxes. 118 00:06:39,499 --> 00:06:43,276 Any of the guys talk to Lyssa? You know, flirt with her? 119 00:06:43,336 --> 00:06:45,680 Lots of guys flirt with Lyssa. 120 00:06:49,175 --> 00:06:51,348 I don't remember. I'm sorry. 121 00:06:52,979 --> 00:06:56,119 She leaves the party around 9:00, vanishes, 122 00:06:56,182 --> 00:06:59,391 and then turns up dead in a car accident around 1:45. 123 00:06:59,452 --> 00:07:02,990 Yeah. And in between she gets raped by some gentleman in a tuxedo 124 00:07:03,056 --> 00:07:05,832 who's kind enough to give her a ride home later. 125 00:07:05,892 --> 00:07:10,068 We sent a sketch artist over to the parking guy, so maybe we'll get lucky. 126 00:07:10,130 --> 00:07:11,336 Call the Times. 127 00:07:11,398 --> 00:07:14,402 See if they sent a photographer over to cover the party. 128 00:07:14,467 --> 00:07:16,208 You might get luckier. 129 00:07:17,671 --> 00:07:19,981 Councilman Talbert with the mayor. 130 00:07:20,040 --> 00:07:22,316 Councilman Talbert with the archbishop. 131 00:07:22,676 --> 00:07:25,350 Councilman Talbert with Councilman Talbert. 132 00:07:26,112 --> 00:07:29,559 You see the guy or what? No. No, not yet. 133 00:07:29,616 --> 00:07:31,653 Here's Lyssa at her table. 134 00:07:33,987 --> 00:07:35,762 Any of these guys look familiar? 135 00:07:35,822 --> 00:07:37,665 It's hard to say, you know, these... 136 00:07:38,692 --> 00:07:41,901 No... There he is. Which one? 137 00:07:41,962 --> 00:07:44,568 The one smoking a cigarette. That's the guy. 138 00:07:44,631 --> 00:07:47,009 Third from the right. Todd Locke. 139 00:07:48,201 --> 00:07:51,580 Look, you have to understand. I am Councilman Talbert's chief aide. 140 00:07:51,638 --> 00:07:54,278 A scandal like this hits the paper and I... What scandal? 141 00:07:54,341 --> 00:07:56,981 Thought you said you just gave the lady a ride home. 142 00:07:57,043 --> 00:08:00,149 I did. But how was I supposed to know a drunk was gonna swerve into us? 143 00:08:00,213 --> 00:08:03,251 It was an accident. So why'd you move her body? 144 00:08:03,316 --> 00:08:06,388 I panicked. It was a stupid thing to do. 145 00:08:07,387 --> 00:08:08,491 So what am I charged with? 146 00:08:08,555 --> 00:08:11,161 Leaving the scene of an accident, tampering with evidence... 147 00:08:11,224 --> 00:08:13,761 We're just getting started. This is... 148 00:08:13,827 --> 00:08:16,171 I told you. She had a little too much to drink... 149 00:08:16,229 --> 00:08:18,869 No. No. No. No. Not according to our medical examiner. 150 00:08:18,932 --> 00:08:22,141 She looked drunk, okay? So I offered to drive her. 151 00:08:23,770 --> 00:08:27,081 Was that before or after you raped her? 152 00:08:27,841 --> 00:08:31,050 What? Whoa, whoa, guys. You got this all wrong. I never touched her. 153 00:08:31,111 --> 00:08:34,490 What were you two doing between 9:30 and 1:45? Taking a poll? 154 00:08:34,581 --> 00:08:37,960 I don't know what she was doing. I wasn't with her. 155 00:08:38,018 --> 00:08:41,864 So after the party you just hung around for five hours? 156 00:08:41,921 --> 00:08:44,197 And then you just happened to run into her? 157 00:08:44,257 --> 00:08:46,601 That's stretching it pretty thin, bud! 158 00:08:46,659 --> 00:08:49,162 I had a drink in the bar. Bar closed at 12:00. 159 00:08:49,229 --> 00:08:51,835 I was in the lobby after that. Well, then we'll find some witnesses. 160 00:08:51,898 --> 00:08:52,899 Give me your cuffs, Lennie. 161 00:08:52,966 --> 00:08:55,503 In the meantime, you're under arrest for the rape of Lyssa Wesley. 162 00:08:55,568 --> 00:08:57,445 And for leaving the scene of an accident. Okay, okay. No. Please. Listen. 163 00:08:57,504 --> 00:08:59,984 I didn't rape anybody! I swear. 164 00:09:00,040 --> 00:09:02,384 But you know who did, don't you? 165 00:09:03,743 --> 00:09:06,087 LOGAN: Mr. Locke, sit down. 166 00:09:10,150 --> 00:09:13,495 Now, I think you know you're in very deep here, 167 00:09:14,621 --> 00:09:17,693 so why don't you tell us who you're protecting? 168 00:09:19,893 --> 00:09:24,467 Look, she told me in the car before the crash. 169 00:09:24,531 --> 00:09:26,670 She said she had been raped. 170 00:09:29,502 --> 00:09:31,413 She said it was Councilman Talbert. 171 00:09:38,978 --> 00:09:42,516 Spencer Talbert's an elected city official. He's running for Congress. 172 00:09:42,582 --> 00:09:45,028 So what? He broke the law and we want him. 173 00:09:45,085 --> 00:09:48,396 We can't just barge into his office and publicly accuse him of rape. Not yet. 174 00:09:48,455 --> 00:09:51,129 He stood with us, Mike. City budget went to the bone. 175 00:09:51,191 --> 00:09:53,102 Talbert came through for this department. 176 00:09:53,159 --> 00:09:55,002 I'm not saying we don't investigate. 177 00:09:55,061 --> 00:09:57,507 But we do have to consider Talbert's public reputation. 178 00:09:57,564 --> 00:10:01,307 I hate to say this, but I hope it's not true. He's the good guy. 179 00:10:01,367 --> 00:10:04,280 His get-tough-on-crime platform won him the election. 180 00:10:04,337 --> 00:10:05,941 Sounds more like we're trying to protect him 181 00:10:06,005 --> 00:10:07,746 from getting his picture on the front page. 182 00:10:07,807 --> 00:10:11,016 I just think we can make a better case if we kept it off for a few days. 183 00:10:11,077 --> 00:10:13,250 Okay. Well, how do you propose we do that? 184 00:10:13,313 --> 00:10:15,293 Because the minute we start asking him questions... 185 00:10:15,348 --> 00:10:19,091 If Todd Locke cooperates, there may not be too many to ask. 186 00:10:19,919 --> 00:10:24,061 It's a gift, Todd. Listen to the DA. 187 00:10:25,859 --> 00:10:29,773 I shouldn't have told you anything as it is. Loyalty, you know. 188 00:10:29,829 --> 00:10:33,299 Cooperate and the charge is leaving the scene of an accident. 189 00:10:33,366 --> 00:10:35,368 Six months probation. 190 00:10:35,435 --> 00:10:40,509 Don't, we add tampering with evidence, accessory to rape, conspiracy. 191 00:10:40,573 --> 00:10:44,578 All felonies. No pleas. Feed the homeless, clean a park. 192 00:10:46,279 --> 00:10:48,725 You don't need Talbert's problems. 193 00:10:57,190 --> 00:11:00,763 We're at the fundraiser and Talbert spots Lyssa. 194 00:11:01,795 --> 00:11:05,800 He's interested but his wife's there. So I have to tell Lyssa. 195 00:11:06,866 --> 00:11:08,937 Talbert wants to speak to her later in his suite. 196 00:11:09,002 --> 00:11:11,846 He heard what a good job she's doing on the campaign. 197 00:11:13,273 --> 00:11:16,254 So I brought her up. He told me to wait in the bar. 198 00:11:16,309 --> 00:11:18,414 How'd you wind up with her? 199 00:11:18,478 --> 00:11:21,789 Talbert went home in the limo and he told me to make sure she got home. 200 00:11:21,848 --> 00:11:23,350 She had a car. 201 00:11:24,784 --> 00:11:27,128 No, there was no way she could drive. 202 00:11:27,187 --> 00:11:29,167 When she came down she looked like hell. 203 00:11:29,222 --> 00:11:32,931 You know, make-up was running, eyes were red. 204 00:11:33,226 --> 00:11:34,534 Real bad shape. 205 00:11:36,829 --> 00:11:38,831 I kind of had a feeling what happened. 206 00:11:38,898 --> 00:11:41,811 Are you assuming she was raped, or did she tell you? 207 00:11:41,868 --> 00:11:44,246 Eventually she told me. 208 00:11:44,304 --> 00:11:48,047 She asked me to take her to a hospital. 209 00:11:48,641 --> 00:11:51,053 That's where we were going when... 210 00:11:56,149 --> 00:11:57,924 She was a nice girl. 211 00:12:02,855 --> 00:12:03,925 Wait. Let me get this straight. 212 00:12:03,990 --> 00:12:06,869 Todd told you that Lyssa told him that I raped her? 213 00:12:06,926 --> 00:12:08,837 That's the charge. 214 00:12:08,895 --> 00:12:13,366 She was in your suite. Your aide was driving her home. 215 00:12:14,701 --> 00:12:17,773 If you wanna take a cup into the men's room and clear yourself. 216 00:12:26,412 --> 00:12:28,449 All right, detectives. I... 217 00:12:30,283 --> 00:12:33,958 I was with Lyssa. But understand, I'm a married man. 218 00:12:34,020 --> 00:12:37,058 I hold public office. Incidents like this can be damaging. 219 00:12:37,123 --> 00:12:41,037 No disrespect to the office, but this is more than an incident. 220 00:12:41,995 --> 00:12:45,772 It's a load of crap. LOGAN: That's not what the medical examiner said. 221 00:12:45,832 --> 00:12:48,472 Lyssa was roughed up. Torn panties. 222 00:12:48,534 --> 00:12:50,946 Heat of passion. Heavy bruising. 223 00:12:51,004 --> 00:12:54,975 She died in a car wreck. The bruises were between her legs. 224 00:12:57,210 --> 00:12:59,156 Believe who and what you like, detectives. 225 00:12:59,212 --> 00:13:03,558 But I'm afraid Lyssa's unfortunate death brings this matter to a close. 226 00:13:04,784 --> 00:13:07,196 So what did you expect? Of course he's gonna deny it. 227 00:13:07,253 --> 00:13:10,791 We have Locke's sworn statement and the ME's report. 228 00:13:10,857 --> 00:13:13,098 The statement's hearsay, probably inadmissible. 229 00:13:13,159 --> 00:13:14,832 The ME's report's not definitive. 230 00:13:14,894 --> 00:13:18,034 What can I tell you guys? McCoy wants more before he goes to court. 231 00:13:18,097 --> 00:13:19,474 What do you think? 232 00:13:20,767 --> 00:13:23,475 My personal feelings are irrelevant. 233 00:13:24,170 --> 00:13:26,411 CLAIRE: A rape trial boils down to lack of consent. 234 00:13:26,472 --> 00:13:30,978 Yeah. So this piece of cheese gets to walk because the victim happened to get killed 235 00:13:31,044 --> 00:13:33,923 in a head-on with a drunk. I'm not saying we drop this. 236 00:13:33,980 --> 00:13:35,186 No? 237 00:13:35,548 --> 00:13:38,893 What do we do, get Madam Losanda to throw a s?ance? 238 00:13:41,287 --> 00:13:45,463 I'm thinking maybe this wasn't the first woman he got friendly with. 239 00:13:45,725 --> 00:13:47,671 If we can establish a pattern, 240 00:13:47,727 --> 00:13:51,402 it's possible to prove Lyssa's lack of consent without her testimony. 241 00:13:52,498 --> 00:13:55,138 Well, she did work for Talbert, right? 242 00:13:56,035 --> 00:13:57,946 Maybe there are some other employees 243 00:13:58,004 --> 00:14:00,541 who performed above and beyond the call of duty. 244 00:14:02,942 --> 00:14:07,049 As soon as I heard the rumors about Lyssa and Mr. Talbert, I said I am out of here. 245 00:14:07,113 --> 00:14:08,683 Did you ever hear any other rumors? 246 00:14:08,748 --> 00:14:11,854 I just answer the phone. I'm not exactly high up on the totem pole. 247 00:14:11,918 --> 00:14:15,161 So he never came on to anybody else? You know, made a few suggestive remarks? 248 00:14:15,221 --> 00:14:18,065 He let his hand linger on my arm a few times. 249 00:14:18,124 --> 00:14:20,070 Just enough to make me uncomfortable. 250 00:14:20,126 --> 00:14:23,471 BRISCOE: You the only one he touched? Nobody's ever complained. 251 00:14:23,529 --> 00:14:26,874 But people around here practically worship the guy. 252 00:14:26,933 --> 00:14:29,641 You'd think Lyssa Wesley's death would change all that. 253 00:14:29,702 --> 00:14:31,875 Around here, I don't think so. 254 00:14:31,938 --> 00:14:34,145 At home it may be a different story. 255 00:14:34,207 --> 00:14:37,882 When Mrs. Talbert left this morning she didn't look happy. 256 00:14:38,077 --> 00:14:41,456 I can't believe you're actually dignifying this nonsense, detectives. 257 00:14:41,514 --> 00:14:44,825 Mrs. Talbert, I think it would be better if we spoke privately. 258 00:14:44,884 --> 00:14:46,022 Of course. Molly, honey, 259 00:14:46,085 --> 00:14:49,123 why don't you go find Flannery and see if lunch is ready, okay? 260 00:14:51,224 --> 00:14:54,330 I don't really know what you expect me to tell you. 261 00:14:54,394 --> 00:14:57,603 Spencer and I have been together for 13 years now. 262 00:14:57,663 --> 00:14:59,609 We have a very strong marriage. 263 00:15:00,399 --> 00:15:02,538 Strong enough to withstand a rape accusation? 264 00:15:02,602 --> 00:15:04,912 I'm sure I don't have to explain to you 265 00:15:04,971 --> 00:15:08,145 the difference between rape and false accusation. 266 00:15:09,409 --> 00:15:13,915 With all due respect, Mrs. Talbert, this girl was pretty badly beaten up. 267 00:15:13,980 --> 00:15:15,459 And she said your husband did it. 268 00:15:15,515 --> 00:15:17,517 And if she hadn't been killed in that car accident, 269 00:15:17,583 --> 00:15:20,427 she'd probably be next month's centerfold. 270 00:15:21,154 --> 00:15:25,034 Spencer is not the first public figure to be attacked with vicious lies. 271 00:15:25,091 --> 00:15:27,093 You seem pretty sure about that. 272 00:15:27,160 --> 00:15:30,767 My husband told me about his indiscretion with this girl. 273 00:15:31,597 --> 00:15:35,602 It hasn't been easy, but we're working through it. We'll survive. 274 00:15:35,668 --> 00:15:38,706 You learn how to do that during 13 years of marriage? 275 00:15:40,039 --> 00:15:42,713 If you're asking me if there have been others, Detective, 276 00:15:42,775 --> 00:15:44,914 I can honestly tell you no. 277 00:15:45,511 --> 00:15:47,684 The worst thing he ever did was get touchy-feely 278 00:15:47,747 --> 00:15:49,192 with one of his campaign workers. 279 00:15:49,248 --> 00:15:51,785 Yeah. And the wife sang Stand By Your Man. 280 00:15:51,851 --> 00:15:53,023 Not much of a pattern. 281 00:15:53,119 --> 00:15:55,531 Well, he's a politician. He knows how to cover his tracks. 282 00:15:55,588 --> 00:16:00,059 So maybe we should find out what he did before he had to be so discreet. 283 00:16:04,730 --> 00:16:07,006 Spencer was head of the department for ten years. 284 00:16:07,066 --> 00:16:09,808 After he was bitten by the political bug, I took over. 285 00:16:09,869 --> 00:16:13,112 Must be tough giving up all this for a councilman's salary. 286 00:16:13,172 --> 00:16:16,585 I don't think Spencer's sights stop at a congressional district. 287 00:16:16,642 --> 00:16:19,987 LOGAN: Yeah, well, he might've just run into a brick wall, Miss Maslin. 288 00:16:20,046 --> 00:16:22,492 The papers say the accusations of rape are bogus. 289 00:16:22,548 --> 00:16:25,757 Well, that's the word that Talbert's people are putting out. What do you think? 290 00:16:27,753 --> 00:16:30,256 We can talk to everybody in the building. 291 00:16:31,190 --> 00:16:32,430 You've got to understand. 292 00:16:32,558 --> 00:16:36,472 The firm likes to see its name in the law journal, not the tabloids. 293 00:16:36,529 --> 00:16:38,873 And that might be our next stop. 294 00:16:42,902 --> 00:16:45,178 It was nothing, but it could be misinterpreted. 295 00:16:45,371 --> 00:16:47,351 Well, why don't you let us decide that? 296 00:16:49,642 --> 00:16:52,418 A year before Talbert left, 297 00:16:52,478 --> 00:16:55,687 our office manager accused him of sexual harassment. 298 00:16:55,748 --> 00:16:58,058 We disposed of the matter before it got out of hand. 299 00:16:58,117 --> 00:17:01,997 Disposed of? As in, "Here's a check, keep your mouth shut"? 300 00:17:02,922 --> 00:17:07,064 Like I said, it was nothing. This office manager, is she still here? 301 00:17:09,662 --> 00:17:11,699 That was part of the settlement, too. 302 00:17:13,499 --> 00:17:15,877 You should have seen them circle their wagons. 303 00:17:15,935 --> 00:17:18,347 These lawyers, they protect their own. 304 00:17:18,404 --> 00:17:21,908 So you took the money and ran? Money? That's a joke. 305 00:17:22,742 --> 00:17:24,847 Talbert had to be pulling in seven figures, 306 00:17:24,911 --> 00:17:27,983 they gave me a one-time-only offer of 50 grand. 307 00:17:28,047 --> 00:17:31,494 50 G's. Sounds like a lot of money to me. Yeah. 308 00:17:32,218 --> 00:17:35,791 Well, he got his money's worth. 309 00:17:36,556 --> 00:17:39,696 It was a Christmas party, five years ago. 310 00:17:40,159 --> 00:17:44,630 Imagine 300 attorneys at the Cat Club without their significant others. 311 00:17:44,697 --> 00:17:46,973 So Talbert let his hair down? 312 00:17:48,467 --> 00:17:52,938 Pulled up my skirt in the fire exit. The guy was all over me. 313 00:17:53,306 --> 00:17:54,717 Did he rape you? 314 00:17:54,774 --> 00:17:58,312 He would have. I tried to fight back but he's so strong. 315 00:17:58,945 --> 00:18:01,186 Thank God, he heard some people coming down the hall 316 00:18:01,247 --> 00:18:03,955 and he told them I had too much to drink. 317 00:18:04,016 --> 00:18:07,828 He was taking me out for some air. Did anyone see anything? 318 00:18:08,888 --> 00:18:10,868 Sounds like you could have held out for more money. 319 00:18:10,923 --> 00:18:15,736 Yeah. That's what Sarah said. Sarah? Sarah Maslin, his partner? 320 00:18:16,896 --> 00:18:20,810 Yeah. I just wanted out of there. She talked me into seeing an attorney. 321 00:18:26,439 --> 00:18:29,648 It's simple. It's called libel. 322 00:18:29,709 --> 00:18:31,347 And if this doesn't stop immediately, 323 00:18:31,410 --> 00:18:35,449 I guarantee all of you will find yourselves in civil court. 324 00:18:35,514 --> 00:18:37,858 The police are investigating a charge of rape. 325 00:18:37,917 --> 00:18:41,888 What they're doing is defaming one of the most honorable men in the city. 326 00:18:41,954 --> 00:18:44,798 I know at least one woman who would beg to differ. 327 00:18:44,857 --> 00:18:46,359 TALBERT: Jerolyn Addams? 328 00:18:47,393 --> 00:18:51,000 The girl got drunk at an office party. She had to tell her husband something. 329 00:18:51,063 --> 00:18:54,067 And the $50,000 was just a Christmas bonus? 330 00:18:54,133 --> 00:18:56,943 POWELL: It was blackmail. Believe me, 331 00:18:57,336 --> 00:19:00,283 if you push this any further, we'll take her to court, too. 332 00:19:00,773 --> 00:19:04,721 Or didn't she tell you that the settlement required her to sign a non-disclosure form? 333 00:19:04,777 --> 00:19:06,779 Which is meaningless in a criminal trial. 334 00:19:06,846 --> 00:19:09,793 But it goes a long way in civil court. 335 00:19:09,849 --> 00:19:12,227 She opens her mouth, she returns the $50,000 336 00:19:12,285 --> 00:19:14,526 and turns over another $100,000 as punitives. 337 00:19:14,587 --> 00:19:17,124 Adam, you're in the public eye. 338 00:19:17,189 --> 00:19:20,102 You know what something like this can do in an election year. 339 00:19:21,427 --> 00:19:25,000 Good. So I assume we've heard the last of this? 340 00:19:31,971 --> 00:19:34,713 You're not going to ask us to back off. 341 00:19:35,141 --> 00:19:36,745 A dead victim. 342 00:19:37,944 --> 00:19:41,448 A witness who could lose her life savings if she takes the stand. 343 00:19:41,514 --> 00:19:43,494 Look at it from our point of view, Lieutenant. 344 00:19:43,549 --> 00:19:46,792 Without more, it's not much of a case. Then we'll get more. 345 00:19:49,755 --> 00:19:51,894 BRISCOE: It does seem kind of curious, counselor. 346 00:19:51,957 --> 00:19:54,733 You talking the office manager into suing the firm. 347 00:19:54,794 --> 00:19:58,241 I was trying to do the right thing. LOGAN: But you told us it was nothing. 348 00:19:58,297 --> 00:20:01,744 Which makes us believe that maybe you knew she was telling the truth. 349 00:20:01,801 --> 00:20:03,747 BRISCOE: Yeah, and the question then is how? 350 00:20:03,803 --> 00:20:06,841 Because she told us there weren't any witnesses at the Christmas party. 351 00:20:06,906 --> 00:20:08,681 LOGAN: Or she could be lying. 352 00:20:08,741 --> 00:20:11,881 But why? There's nothing to gain from that. 353 00:20:17,683 --> 00:20:19,356 I have nothing to add. 354 00:20:19,518 --> 00:20:23,762 Listen. He almost raped one girl. Another girl he did rape is dead. 355 00:20:23,823 --> 00:20:26,531 This is a hell of a time to stonewall. 356 00:20:26,592 --> 00:20:30,472 If there were others, you're gonna tell us. Eventually. 357 00:20:36,335 --> 00:20:37,905 It was me. 358 00:20:39,372 --> 00:20:41,010 He raped me, too. 359 00:20:46,345 --> 00:20:48,586 I can't believe I'm doing this. 360 00:20:48,647 --> 00:20:51,628 If he raped you... Oh, he raped me all right. 361 00:20:53,352 --> 00:20:56,959 When we worked together. You mean over three years ago? 362 00:20:57,490 --> 00:21:01,597 It was late at night at the office. You didn't go to the police? 363 00:21:03,229 --> 00:21:06,574 I'm an attorney, too, Miss Kincaid. I know the drill. 364 00:21:06,632 --> 00:21:09,238 A rape trial boils down to "he said, she said." 365 00:21:09,301 --> 00:21:13,147 And when the "he" is one of the most respected lawyers on Wall Street, 366 00:21:13,205 --> 00:21:15,276 the "she" doesn't stand much of a chance. 367 00:21:15,341 --> 00:21:19,016 You're an educated woman. You're articulate, strong. 368 00:21:19,078 --> 00:21:21,581 People would have believed you. You don't get it. 369 00:21:22,648 --> 00:21:24,685 It wouldn't have mattered. 370 00:21:25,584 --> 00:21:27,655 I had a career to protect. 371 00:21:30,189 --> 00:21:32,829 I was still an associate at the firm. 372 00:21:34,660 --> 00:21:37,800 I wanted to become a partner. What difference would it make? 373 00:21:37,863 --> 00:21:41,208 You were the victim. I was involved in a scandal. 374 00:21:42,868 --> 00:21:46,179 Clients don't like that much in their legal advisor. 375 00:21:48,974 --> 00:21:51,352 When it happened, did you tell anyone? 376 00:21:56,682 --> 00:21:58,025 My doctor. 377 00:22:01,687 --> 00:22:05,066 I start seeing patients at 8:00 in the morning, 378 00:22:05,157 --> 00:22:07,501 which means I get here around 7:00. 379 00:22:08,294 --> 00:22:10,865 Sarah was waiting in the lobby for me. 380 00:22:10,930 --> 00:22:12,307 Did she tell you she was raped? 381 00:22:12,364 --> 00:22:16,437 Not at first. She was more concerned about disease and pregnancy. 382 00:22:16,502 --> 00:22:19,949 I started giving her my standard lecture on protection. 383 00:22:20,005 --> 00:22:23,009 She started screaming at me. That's understandable. 384 00:22:23,075 --> 00:22:26,454 Certainly. Whoever attacked Sarah took more than her body. 385 00:22:26,512 --> 00:22:29,322 He took her dignity. Sarah was all about dignity. 386 00:22:29,381 --> 00:22:31,588 What about physical signs of rape? 387 00:22:31,650 --> 00:22:33,027 Well, I gave her a full examination. 388 00:22:33,085 --> 00:22:35,565 The problem is there were physical signs of sex. 389 00:22:35,621 --> 00:22:36,964 But no indication of rape. 390 00:22:37,022 --> 00:22:39,195 Are you saying you don't believe she was raped? 391 00:22:39,725 --> 00:22:44,003 I've known Sarah for 15 years. If she said it happened, it happened. 392 00:22:45,331 --> 00:22:48,005 It's just not going to be easy to prove. 393 00:22:48,801 --> 00:22:50,974 Let me ask you this, Claire. 394 00:22:51,537 --> 00:22:54,416 Just between you and me, forget about Lyssa. 395 00:22:54,473 --> 00:22:56,009 Forget about the office manager. 396 00:22:56,075 --> 00:22:58,783 All you've got is Sarah's word against Talbert's. 397 00:23:00,980 --> 00:23:04,689 Who do you believe? I'm inclined to believe Sarah. 398 00:23:07,386 --> 00:23:09,696 I think she's telling the truth. 399 00:23:10,389 --> 00:23:12,130 And with the other evidence? 400 00:23:12,424 --> 00:23:15,166 (SIGHING) I think Talbert's guilty. 401 00:23:16,095 --> 00:23:18,439 I think we have an obligation to pursue this. 402 00:23:21,834 --> 00:23:24,007 What kind of witness will Sarah make? 403 00:23:25,004 --> 00:23:27,314 I looked her up in Martindale. 404 00:23:27,806 --> 00:23:31,049 Summa from Vassar. Law review at Cornell. 405 00:23:31,944 --> 00:23:34,481 She's head of the securities department at Adderly, Perkins. 406 00:23:34,547 --> 00:23:37,619 More credibility than the proverbial busload of nuns. 407 00:23:37,683 --> 00:23:39,856 With Sarah and the office manager, 408 00:23:39,919 --> 00:23:41,660 we might be able to establish a pattern. 409 00:23:41,720 --> 00:23:43,825 Even if our victim is dead. 410 00:23:44,189 --> 00:23:46,260 I know it's a long time ago, Sarah, 411 00:23:46,458 --> 00:23:50,099 but if there's anything, a torn dress, something. 412 00:23:53,265 --> 00:23:56,906 That's where it happened. Right there on that couch. 413 00:23:59,438 --> 00:24:01,577 This used to be his office. 414 00:24:05,477 --> 00:24:07,582 It was 4:00 in the morning. 415 00:24:08,347 --> 00:24:12,625 We had just finished an offering memorandum for B and C Manufacturing. 416 00:24:14,086 --> 00:24:15,997 It took us six months. 417 00:24:17,122 --> 00:24:19,124 He kept a bar over there. 418 00:24:20,192 --> 00:24:23,469 He opened a bottle of Perrier Jouet to celebrate. 419 00:24:26,198 --> 00:24:28,542 When he left to run for council 420 00:24:30,035 --> 00:24:33,414 they gave me his office. Lucky me. 421 00:24:37,576 --> 00:24:39,487 I know Spencer Talbert. 422 00:24:40,346 --> 00:24:43,987 I know he raped Lyssa Wesley. Would you be willing to testify? 423 00:24:44,049 --> 00:24:46,586 We both know that anything I have to say is inadmissible. 424 00:24:46,652 --> 00:24:49,223 Not if we can convince a judge there's a pattern. 425 00:24:49,288 --> 00:24:53,794 With two women it's a stretch. And I can't prove anything. 426 00:24:55,661 --> 00:24:58,574 JACK: Adam, she was in Talbert's office until 4:00 a.m. 427 00:24:58,630 --> 00:25:01,770 She was in her doctor's office at 7:00 without an appointment. 428 00:25:01,834 --> 00:25:04,212 And back at her desk promptly at 9:00. 429 00:25:05,904 --> 00:25:10,284 Now, listen, even if we could prove that Talbert raped Sarah Maslin, 430 00:25:11,009 --> 00:25:13,615 it's a prior bad act, it's inadmissible. 431 00:25:13,679 --> 00:25:16,421 Well, then maybe we're making this whole thing too complicated. 432 00:25:16,482 --> 00:25:19,088 Sarah's our best witness, let's prosecute her case. 433 00:25:19,151 --> 00:25:22,997 A woman comes forward after three years, doesn't say too much for her credibility. 434 00:25:23,055 --> 00:25:25,661 She has no reason to lie. No. 435 00:25:25,824 --> 00:25:30,569 When the mayor, the city council president, five borough presidents 436 00:25:30,629 --> 00:25:34,236 and the president of the Bar Association will say that Talbert doesn't either. 437 00:25:34,299 --> 00:25:36,279 JACK: Good. Let them all take the stand. 438 00:25:36,335 --> 00:25:40,078 The best thing Talbert can do is put his character in issue. 439 00:25:40,472 --> 00:25:42,952 There are already two other women that we know of. 440 00:25:43,008 --> 00:25:45,784 One who took a $50,000 payoff. 441 00:25:46,378 --> 00:25:48,722 One who's conveniently deceased. 442 00:25:49,548 --> 00:25:53,519 And this one, for all we know, could be an affair gone bad. 443 00:25:53,585 --> 00:25:56,532 Adam, the papers already know all about this. 444 00:25:56,955 --> 00:26:00,334 If we drop it, guess whose name's gonna hit the op-ed page 445 00:26:00,392 --> 00:26:02,736 as part of a political cover-up? 446 00:26:04,229 --> 00:26:06,072 What the hell is that? 447 00:26:06,231 --> 00:26:10,270 You believe in the case, you prosecute it. Don't lay this off on me! 448 00:26:13,639 --> 00:26:19,055 "Docket number 561253. People v. Spencer Randolph Talbert." 449 00:26:19,111 --> 00:26:21,614 "The charge is rape in the first degree." 450 00:26:22,781 --> 00:26:24,658 How do you plead? Not guilty. 451 00:26:24,717 --> 00:26:27,197 The People request bail of $100,000. 452 00:26:27,252 --> 00:26:29,926 For what? These charges are outrageous. 453 00:26:29,989 --> 00:26:33,129 My client has served the public faithfully for four years. 454 00:26:33,192 --> 00:26:37,265 His record is exemplary. And I'll be sure to vote for him. 455 00:26:37,563 --> 00:26:39,975 Bail set as requested. Next. 456 00:26:40,699 --> 00:26:43,509 Do you actually think you can get a conviction, Miss Kincaid? 457 00:26:43,569 --> 00:26:44,877 That'll be up to the jury. 458 00:26:44,970 --> 00:26:47,780 A majority of whom probably voted for the councilman. 459 00:26:47,840 --> 00:26:49,285 Even if he is acquitted, Miss Powell, 460 00:26:49,341 --> 00:26:51,753 do you think this is the end of his political career? 461 00:26:51,810 --> 00:26:54,654 Councilman Talbert is devoted to public service. 462 00:26:54,713 --> 00:26:58,490 He will not allow this smear campaign to diminish his commitment to this city. 463 00:26:58,917 --> 00:27:03,366 What is it? You people are hell-bent on destroying my client's career. 464 00:27:03,722 --> 00:27:05,929 I think he's done that all by himself. 465 00:27:05,991 --> 00:27:07,368 I was Sarah Maslin's boss. 466 00:27:07,426 --> 00:27:09,997 Maybe I was too tough on her, too demanding. 467 00:27:10,896 --> 00:27:12,739 Is this payback time? 468 00:27:13,365 --> 00:27:16,346 And what's your angle, Mr. McCoy? You have your eye on Gracie Mansion? 469 00:27:16,401 --> 00:27:18,176 No, I don't like politics. 470 00:27:18,237 --> 00:27:21,616 And I don't much care for politicians. But I won't hold your job against you. 471 00:27:22,541 --> 00:27:25,988 We know Sarah was in the office with Mr. Talbert past 4:00 a.m. 472 00:27:26,045 --> 00:27:28,252 We know she went immediately to her doctor. 473 00:27:28,313 --> 00:27:29,485 We know she had sex. 474 00:27:29,548 --> 00:27:33,086 And if you'd had the decency to call me before you sent your goons, 475 00:27:33,152 --> 00:27:35,063 maybe you would have heard an explanation. 476 00:27:37,389 --> 00:27:40,393 Are you admitting you had sex with her? Yes. 477 00:27:41,126 --> 00:27:44,198 Not only was it consensual, it wasn't very good. 478 00:27:47,966 --> 00:27:50,173 You really are a piece of work, Mr. Talbert. 479 00:27:50,235 --> 00:27:53,273 Sarah Maslin will make a very credible witness. 480 00:27:53,338 --> 00:27:56,842 That may be. But we have a witness of our own. 481 00:27:57,976 --> 00:28:02,789 Mr. Talbert's former secretary was working right outside his office that night. 482 00:28:03,715 --> 00:28:06,059 Don't you think she might have heard something? 483 00:28:08,520 --> 00:28:12,491 I'll tell you what, with Talbert I made twice the money I make now. 484 00:28:12,558 --> 00:28:14,094 All the overtime. 485 00:28:14,159 --> 00:28:18,039 So if he stayed until 4:00 in the morning? I was right outside his door. 486 00:28:18,096 --> 00:28:20,133 With him there were 11 commandments. 487 00:28:20,199 --> 00:28:25,012 "Thou shalt not answer thine own phone, take smoke breaks, or go to the bathroom." 488 00:28:25,070 --> 00:28:26,310 He got calls at that hour? 489 00:28:26,371 --> 00:28:30,410 During the B and C thing, the phone didn't stop. Calls from overseas. 490 00:28:30,475 --> 00:28:33,820 Accountants, printers. The office was working day and night. 491 00:28:33,879 --> 00:28:36,325 Was Sarah Maslin typically here with him? 492 00:28:36,381 --> 00:28:38,725 As long as I was here, they were joined at the hip. 493 00:28:38,784 --> 00:28:41,162 And you're sure you would have heard an argument 494 00:28:41,220 --> 00:28:42,790 or a raised voice from his office? 495 00:28:42,854 --> 00:28:45,994 Believe me, I've heard him yelling for me through that door more times 496 00:28:46,058 --> 00:28:47,594 than I care to count. 497 00:28:48,093 --> 00:28:52,473 Look, if what you're saying actually happened, I would have known. 498 00:28:55,968 --> 00:28:59,074 Don't you think you should have asked me before you ruined my life? 499 00:29:00,472 --> 00:29:04,818 You said you were willing to testify. No, I never said that. 500 00:29:04,877 --> 00:29:08,256 I had a reason for keeping this private for three years. 501 00:29:08,313 --> 00:29:11,055 But you came forward now. The police came to me. 502 00:29:11,116 --> 00:29:14,529 I only went along with it so you wouldn't drop the Lyssa Wesley case. 503 00:29:15,554 --> 00:29:18,194 I never thought I'd have to go public. 504 00:29:19,925 --> 00:29:23,338 Now the press is all over my office. 505 00:29:23,395 --> 00:29:26,035 They're in the lobby of my apartment. 506 00:29:26,098 --> 00:29:30,171 I can't live like this, Miss Kincaid. We can convict him, Sarah. 507 00:29:32,170 --> 00:29:34,411 Well, you're gonna have to do it without me. 508 00:29:36,775 --> 00:29:39,813 She has a press conference scheduled for tomorrow morning. 509 00:29:39,878 --> 00:29:43,348 My guess, she's going to deny everything. We put her up to it. 510 00:29:45,117 --> 00:29:46,687 Did we, Claire? 511 00:29:47,819 --> 00:29:50,493 Did personal feeling cause us to be a bit over-enthusiastic? 512 00:29:50,555 --> 00:29:52,728 You were the one who decided to prosecute Sarah's case. 513 00:29:52,791 --> 00:29:55,397 You're the one who assured me she was raped. 514 00:29:58,030 --> 00:30:01,136 Anyone in this office keep up on current events? 515 00:30:02,701 --> 00:30:05,341 "Talbert's accuser member of fem-lib PAC." 516 00:30:05,404 --> 00:30:07,714 So she's politically active. 517 00:30:07,773 --> 00:30:09,548 It doesn't prove he's innocent. 518 00:30:09,608 --> 00:30:14,421 She is spearheading a drive to block Talbert's congressional run. 519 00:30:14,479 --> 00:30:17,949 She's not fond of his voting record on women's issues. 520 00:30:18,317 --> 00:30:21,196 Neither am I. I gave them money. So what? 521 00:30:21,253 --> 00:30:24,097 Yeah, but you did not accuse the man of rape. 522 00:30:25,390 --> 00:30:28,394 I'm starting to think Sarah Maslin is using the DA's office 523 00:30:28,460 --> 00:30:30,997 as the blade in a political hatchet job. 524 00:30:32,764 --> 00:30:36,268 Fine. Don't believe me. Drop the whole thing. 525 00:30:37,469 --> 00:30:39,210 That's what I want anyway. 526 00:30:39,271 --> 00:30:42,650 Well, the case against Talbert is dropped, Miss Maslin. 527 00:30:43,075 --> 00:30:46,079 The case against you for conspiracy is just beginning. 528 00:30:46,878 --> 00:30:49,085 It does look a little strange, Sarah. 529 00:30:49,648 --> 00:30:52,390 You wait until he's running for Congress to come forward. 530 00:30:52,451 --> 00:30:55,330 I came forward because of the other women. 531 00:30:55,387 --> 00:30:58,197 And why were there no physical indications of rape? 532 00:30:59,558 --> 00:31:02,266 Why didn't his secretary hear anything? 533 00:31:08,867 --> 00:31:10,744 You consented, didn't you? 534 00:31:20,812 --> 00:31:23,053 He was going to ruin my life. 535 00:31:30,589 --> 00:31:32,296 Sure I consented. 536 00:31:33,191 --> 00:31:35,694 But I didn't have any other choice. 537 00:31:36,361 --> 00:31:40,707 He told me if I didn't sleep with him I wouldn't make partner. 538 00:31:41,400 --> 00:31:44,006 He'd blackball me from any other job. 539 00:31:46,638 --> 00:31:49,812 I killed myself for eight years. 540 00:31:57,616 --> 00:32:01,086 I deserved to be a partner in this law firm, Mr. McCoy. 541 00:32:09,261 --> 00:32:11,366 In her mind she was raped. 542 00:32:11,430 --> 00:32:14,377 Unfortunately the people who drafted the penal law 543 00:32:14,433 --> 00:32:16,344 are not bouncing around in her head. 544 00:32:16,401 --> 00:32:18,278 She put in eight years at that firm. 545 00:32:18,336 --> 00:32:21,806 He was going to take away any chance of promotion if she didn't sleep with him. 546 00:32:21,873 --> 00:32:26,322 So he's a pig. He belongs in a sty, not a prison. There is no crime here. 547 00:32:26,978 --> 00:32:29,788 Sexual harassment does not equal forcible compulsion. 548 00:32:29,848 --> 00:32:33,125 But in this case it could be larceny by extortion. 549 00:32:33,885 --> 00:32:36,161 Talbert forced Sarah to give him property 550 00:32:36,221 --> 00:32:38,997 by instilling in her the fear that he would 551 00:32:39,257 --> 00:32:42,500 "materially harm her business calling or career." 552 00:32:42,561 --> 00:32:45,735 What property did she give him? Her body. 553 00:32:47,733 --> 00:32:51,010 It fits the literal requirements of the statute, Adam. 554 00:32:51,636 --> 00:32:52,979 Wonderful. 555 00:32:54,005 --> 00:32:57,953 So now all we have to do is convince this woman 556 00:32:58,009 --> 00:33:01,616 to admit in open court that she slept her way to the top. 557 00:33:05,384 --> 00:33:09,161 You must be out of your mind. We both want Talbert in prison. 558 00:33:09,688 --> 00:33:11,895 I slept with him to save my career. 559 00:33:11,957 --> 00:33:14,528 I don't especially feel like ruining it now. 560 00:33:14,593 --> 00:33:17,164 Look, I know it could be awkward. 561 00:33:17,229 --> 00:33:18,367 Look, 562 00:33:18,597 --> 00:33:22,477 I know we like to see ourselves as lawyers who happen to be women. 563 00:33:23,134 --> 00:33:27,605 That's fine and good, but the fact is we're perceived as women first 564 00:33:27,706 --> 00:33:29,310 and lawyers second. 565 00:33:29,374 --> 00:33:32,912 And you're willing to live with that? That's how it is, Claire. 566 00:33:33,578 --> 00:33:37,754 I was a bright young attorney with a great future ahead of me. 567 00:33:37,816 --> 00:33:40,797 And I actually thought that Talbert recognized that, too. 568 00:33:40,852 --> 00:33:44,026 But all he was thinking was getting between my legs. 569 00:33:44,089 --> 00:33:47,332 Maybe you should have kicked him between his and hauled him into civil court. 570 00:33:47,392 --> 00:33:50,839 Sounds easy, but then it happens. 571 00:33:53,365 --> 00:33:57,780 I'm faced with losing everything I've worked for, 572 00:33:59,404 --> 00:34:00,849 and I think, 573 00:34:01,706 --> 00:34:05,483 "How bad can it be? It's only one time." 574 00:34:07,612 --> 00:34:10,024 Because you were forced to think that. 575 00:34:10,081 --> 00:34:12,288 By this bastard who stood in your way. 576 00:34:15,620 --> 00:34:20,069 If I testify, the story will be I used sex to get a partnership. 577 00:34:20,125 --> 00:34:23,265 And if you don't, the story will be you're just another radical feminist 578 00:34:23,328 --> 00:34:25,433 using sex to destroy a political enemy. 579 00:34:25,497 --> 00:34:28,444 I became politically active because of what he did to me. 580 00:34:28,500 --> 00:34:31,970 But no one's ever gonna know that as long as you remain silent. 581 00:34:34,105 --> 00:34:38,281 This has to be a joke. Larceny by extortion? 582 00:34:39,144 --> 00:34:43,183 That's when the mob says, "Pay up or I'll burn down your restaurant." 583 00:34:43,481 --> 00:34:47,156 "Sleep with me or I'll destroy your career." Same thing. 584 00:34:47,219 --> 00:34:49,722 To make out a case for extortion, 585 00:34:49,788 --> 00:34:52,928 you have to plead value with specificity, Mr. McCoy. 586 00:34:52,991 --> 00:34:55,198 Exactly my point, Your Honor. 587 00:34:55,760 --> 00:34:59,173 Although I agree that, metaphorically and poetically, 588 00:34:59,231 --> 00:35:01,370 a woman's body may be priceless, 589 00:35:01,900 --> 00:35:05,245 but scientifically, it'll get you $8.84. 590 00:35:05,303 --> 00:35:06,748 And that's a misdemeanor. 591 00:35:06,805 --> 00:35:09,513 And legally, it's worth what someone is willing to pay for it. 592 00:35:09,574 --> 00:35:13,351 In this case the value of a partnership in a major law firm. 593 00:35:13,745 --> 00:35:15,349 And that makes it a felony. 594 00:35:15,413 --> 00:35:19,122 Do you have an expert to quantify that? I do, Your Honor. 595 00:35:19,184 --> 00:35:23,792 May I remind Your Honor that it is not his place to write new law. 596 00:35:25,123 --> 00:35:29,401 Nothing new here, counselor. Just expanding the old. 597 00:35:34,266 --> 00:35:38,373 HENDRICKS: At the time of the incident Miss Maslin was 32 years old. 598 00:35:38,436 --> 00:35:42,714 Assuming that she worked until standard retirement, 599 00:35:42,774 --> 00:35:46,312 that would give her 33 more years as a working attorney. 600 00:35:46,378 --> 00:35:50,155 What is the average compensation for a partner at Adderly, Perkins? 601 00:35:50,215 --> 00:35:52,695 HENDRICKS: According to The American Lawyer magazine, 602 00:35:52,751 --> 00:35:55,163 the average partner profit participation 603 00:35:55,220 --> 00:35:58,030 was a little over $500,000 per year. 604 00:35:58,089 --> 00:36:01,696 So over those 33 years, Miss Maslin could expect to earn 605 00:36:01,760 --> 00:36:03,831 about $16.5 million? 606 00:36:03,895 --> 00:36:05,101 That's correct. 607 00:36:09,234 --> 00:36:11,612 How many law firms are there in the city, sir? 608 00:36:11,670 --> 00:36:15,311 Of the caliber of Adderly, Perkins? I'd say perhaps 100. 609 00:36:15,640 --> 00:36:17,449 Is it possible that Miss Maslin 610 00:36:17,509 --> 00:36:19,921 could have obtained employment in one of those firms? 611 00:36:19,978 --> 00:36:22,356 There's a big difference between employment and partnership. 612 00:36:22,414 --> 00:36:26,157 So you're saying that she could not have become a partner elsewhere? 613 00:36:26,218 --> 00:36:27,788 In the early '80s, perhaps, 614 00:36:27,852 --> 00:36:30,355 but the legal business has suffered just like everything else. 615 00:36:30,422 --> 00:36:33,528 I'd say it was unlikely. But not impossible? 616 00:36:35,594 --> 00:36:36,595 No. 617 00:36:38,930 --> 00:36:40,807 As a practicing psychologist, 618 00:36:40,866 --> 00:36:44,507 I have reviewed thousands of cases of sexual harassment in the workplace. 619 00:36:44,569 --> 00:36:48,711 Have you found that there is a typical reaction to such harassment? 620 00:36:48,773 --> 00:36:51,253 Well, it really depends on the extent of the harassment. 621 00:36:51,309 --> 00:36:52,686 Some women go public. 622 00:36:52,744 --> 00:36:55,315 Some choose to leave their place of employment quietly 623 00:36:55,380 --> 00:36:57,451 and others just suffer in silence. 624 00:36:57,516 --> 00:37:00,258 But all of them describe it as a demeaning experience. 625 00:37:00,318 --> 00:37:03,322 Why do some choose to put up with this kind of behavior? 626 00:37:03,388 --> 00:37:06,392 There's a sense of impotence, of futility. 627 00:37:06,458 --> 00:37:11,373 So in essence, some of these women feel they can't leave. 628 00:37:12,163 --> 00:37:13,642 That's correct. 629 00:37:19,871 --> 00:37:22,511 Sexual harassment isn't a crime, is it? 630 00:37:24,075 --> 00:37:25,110 No. 631 00:37:25,176 --> 00:37:28,487 But offering sex for financial gain is? 632 00:37:28,546 --> 00:37:31,686 Your Honor. What do you expect, Mr. McCoy? 633 00:37:31,783 --> 00:37:35,424 Overruled. It's called prostitution. 634 00:37:36,888 --> 00:37:39,095 Miss Maslin is hardly a prostitute. 635 00:37:39,157 --> 00:37:41,865 Why? Because she has a law degree? 636 00:37:49,968 --> 00:37:51,879 If I buy you a drink, 637 00:37:51,936 --> 00:37:55,179 you promise not to charge me with assault in the morning? 638 00:37:56,141 --> 00:37:58,849 If you promise not to call me a hooker. 639 00:38:00,445 --> 00:38:04,154 JandB, neat. She's buying me a vodka on the rocks. 640 00:38:04,215 --> 00:38:07,685 My client may be two steps below a leech 641 00:38:07,752 --> 00:38:09,857 on the evolutionary chain, 642 00:38:11,022 --> 00:38:13,298 but that doesn't make him a criminal. 643 00:38:14,259 --> 00:38:16,364 I know you know that, Jack. 644 00:38:16,962 --> 00:38:21,468 Be careful. The Women's Bar Association will take away your membership card. 645 00:38:21,933 --> 00:38:25,506 So be it. I'm tired of sitting around drinking herbal tea 646 00:38:25,570 --> 00:38:29,518 and complaining how tough it is wearing a skirt. 647 00:38:30,141 --> 00:38:33,145 You'd rather lead a life of quiet desperation? 648 00:38:36,214 --> 00:38:39,161 Sleeping with the enemy is no solution. 649 00:38:39,751 --> 00:38:41,753 Passivity is the culprit. 650 00:38:42,253 --> 00:38:45,097 Think of yourself as a victim, you become a victim. 651 00:38:48,460 --> 00:38:51,805 While you were an associate at Adderly, Perkins, 652 00:38:51,863 --> 00:38:55,140 how many hours did you typically bill per year? 653 00:38:55,200 --> 00:38:58,841 Over 3,000. Far and away the most in the firm. 654 00:38:58,903 --> 00:39:01,474 Was that because you were slower than the other associates? 655 00:39:01,539 --> 00:39:04,816 It was because I had the largest caseload. 656 00:39:04,876 --> 00:39:06,446 At any given time 657 00:39:06,511 --> 00:39:10,015 I had a couple of dozen active deals on my desk. 658 00:39:11,049 --> 00:39:14,587 So you worked for all the partners in your department. 659 00:39:14,652 --> 00:39:15,858 On occasion. 660 00:39:15,920 --> 00:39:20,494 But I'd have to say 90% of my work was for Spencer Talbert. 661 00:39:22,694 --> 00:39:26,073 Did you mind that? At first it concerned me. 662 00:39:26,131 --> 00:39:31,103 To make partner you need the votes of the majority of the partnership. 663 00:39:32,303 --> 00:39:35,284 But Mr. Talbert assured me I shouldn't worry. 664 00:39:35,340 --> 00:39:39,254 And you believed him? He said people vote as he votes. 665 00:39:40,111 --> 00:39:43,684 And he assured you that you had his vote? 666 00:39:44,415 --> 00:39:47,487 He said if I didn't sleep with him... 667 00:39:48,920 --> 00:39:53,892 I didn't have a chance to make partner at Adderly, Perkins or any other firm. 668 00:39:53,958 --> 00:39:58,566 A partnership was that important to you? Yes. I earned it. 669 00:40:02,834 --> 00:40:05,144 You could have gotten it elsewhere. You could have left. 670 00:40:05,203 --> 00:40:06,876 A black woman 671 00:40:06,938 --> 00:40:10,909 who works eight years at a firm only to get pushed out. 672 00:40:12,777 --> 00:40:15,519 You tell me, where was I going to go? 673 00:40:20,351 --> 00:40:23,662 Did Mr. Talbert put a gun to your head? No. 674 00:40:25,223 --> 00:40:28,602 Did he handcuff you? No. 675 00:40:28,660 --> 00:40:32,164 Did he stick a sock in your mouth? I'm not claiming he raped me. 676 00:40:32,230 --> 00:40:35,370 But once upon a time you did, isn't that right? 677 00:40:35,433 --> 00:40:36,571 Yes. 678 00:40:36,935 --> 00:40:39,040 And that accusation was a lie, wasn't it? 679 00:40:39,103 --> 00:40:42,107 You willingly consented to have sex with my client. 680 00:40:42,173 --> 00:40:45,586 He threatened to ruin my career. I see. 681 00:40:47,111 --> 00:40:51,491 How much money would you have made had you remained a senior associate? 682 00:40:52,016 --> 00:40:54,462 $150,000 a year. 683 00:40:54,519 --> 00:40:55,930 Sounds like utter ruin to me. 684 00:40:55,987 --> 00:40:58,934 No. That's not the point. It wasn't about the money. 685 00:40:58,990 --> 00:41:03,666 Well, that's a shame, counselor. Because as it turns out for my client, 686 00:41:03,728 --> 00:41:07,141 it was the most expensive roll in the hay in history. 687 00:41:10,501 --> 00:41:12,811 I bring in more business 688 00:41:12,871 --> 00:41:15,613 than any other lawyer in the firm. 689 00:41:16,874 --> 00:41:19,718 I teach securities at Columbia Law School. 690 00:41:20,478 --> 00:41:24,449 I chair several committees at the Bar Association. 691 00:41:28,219 --> 00:41:32,167 I've drafted legislation passed by Congress. 692 00:41:32,690 --> 00:41:36,228 No, counselor, the shame of it is 693 00:41:36,294 --> 00:41:38,535 I couldn't have done any of those things 694 00:41:38,596 --> 00:41:41,338 if I hadn't spread my legs for your client. 695 00:41:56,781 --> 00:42:00,888 The People rest, Your Honor. Call your first witness, Miss Powell. 696 00:42:02,820 --> 00:42:04,731 The defense rests as well, Your Honor. 697 00:42:04,789 --> 00:42:07,998 Well, we can have summations tomorrow morning. 698 00:42:09,994 --> 00:42:13,168 No witnesses. I'd say Powell's a bit overconfident. 699 00:42:13,231 --> 00:42:14,835 Why shouldn't she be? 700 00:42:14,899 --> 00:42:18,244 You're asking the jury to create a crime behind the legislature's back. 701 00:42:18,303 --> 00:42:21,841 That's because the legislature never conceived of anything like this. 702 00:42:21,906 --> 00:42:24,944 There are seven women on the jury. Which leaves five men. 703 00:42:25,009 --> 00:42:28,980 All of whom have probably fantasized about their own co-workers. 704 00:42:30,682 --> 00:42:31,922 So what? 705 00:42:33,418 --> 00:42:37,491 If we assume that everything Sarah Maslin said is true, 706 00:42:38,890 --> 00:42:42,667 my client is the quintessential sexist son of a bitch. 707 00:42:43,528 --> 00:42:47,374 He not only took advantage of Miss Maslin, he demeaned her. 708 00:42:47,432 --> 00:42:50,845 He humiliated her. He destroyed her dignity. 709 00:42:51,602 --> 00:42:56,017 As a woman, I'd like to go over there and smack him in the head. 710 00:42:56,808 --> 00:43:00,881 But as an officer of the court, all I can do is say, 711 00:43:01,312 --> 00:43:02,757 "So what?" 712 00:43:05,383 --> 00:43:09,092 Sarah Maslin was ambitious. She wanted to get ahead 713 00:43:09,153 --> 00:43:13,602 and she got what she wanted by her own choice. 714 00:43:14,092 --> 00:43:16,834 She alone determined her fate. 715 00:43:18,263 --> 00:43:21,335 Sure she may be emotionally distraught. 716 00:43:21,733 --> 00:43:24,543 But under the law, you hurt someone's feelings, 717 00:43:24,602 --> 00:43:28,744 you take out your checkbook. You do not go to jail. 718 00:43:31,509 --> 00:43:33,147 Give me the keys to your house 719 00:43:34,645 --> 00:43:36,955 or I'll charge you with murder. 720 00:43:38,282 --> 00:43:40,956 I'm the DA, I can do it. 721 00:43:45,490 --> 00:43:47,401 Give me $10,000 722 00:43:48,392 --> 00:43:52,568 or I'll tell the Feds about that shipment of heroin I saw you pick up at JFK. 723 00:43:53,498 --> 00:43:56,411 I'm the DA, they'll listen. 724 00:44:00,037 --> 00:44:01,710 What would you do? 725 00:44:04,609 --> 00:44:08,113 I can tell you what I'll be doing for the next ten years or so. 726 00:44:08,179 --> 00:44:10,159 I'll be in Attica. 727 00:44:10,982 --> 00:44:15,158 Because what I did is called extortion. And it's a felony. 728 00:44:17,221 --> 00:44:22,034 Sleep with me or I'll tell your boss that you're under indictment for fraud. 729 00:44:23,594 --> 00:44:28,100 It's not true, but do you really think you'll be working next week? 730 00:44:32,904 --> 00:44:35,885 Sarah Maslin worked for eight years. 731 00:44:36,407 --> 00:44:40,822 She was the best, the most productive associate in her firm. 732 00:44:41,212 --> 00:44:45,285 She had clearly earned a partnership. But the only way that she could get it 733 00:44:45,349 --> 00:44:49,923 was to have sex with the man who had the power to make or break her career. 734 00:44:53,124 --> 00:44:54,660 Sarah Maslin 735 00:44:56,761 --> 00:44:59,503 laid down on that couch for Mr. Talbert. 736 00:45:03,301 --> 00:45:06,578 But can any of us say that she really had a choice? 737 00:45:18,783 --> 00:45:22,230 JUDGE SCHREIBER: Have you reached a verdict? We have, Your Honor. 738 00:45:22,687 --> 00:45:24,394 On the sole count of the indictment, 739 00:45:24,455 --> 00:45:27,732 grand larceny in the first degree, how do you find? 740 00:45:28,559 --> 00:45:30,835 We find the defendant guilty. 741 00:45:34,165 --> 00:45:37,703 The defendant is remanded to custody pending sentencing. 742 00:45:38,402 --> 00:45:40,109 (GAVEL BANGING) Court is adjourned. 743 00:45:46,277 --> 00:45:50,350 Nothing like making new law. Enjoy it for three months. 744 00:45:50,415 --> 00:45:52,292 I'm not so sure it'll be reversed. 745 00:45:52,350 --> 00:45:54,728 Well, it's not the appellate court I'm worried about. 746 00:45:54,786 --> 00:45:57,733 You think the legislature will pre-empt them? 747 00:45:57,789 --> 00:46:01,896 I think the jails will be too crowded if they don't. 748 00:46:01,946 --> 00:46:06,496 Repair and Synchronization by Easy Subtitles Synchronizer 1.0.0.0