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In the criminal justice system
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00:00:03,455 --> 00:00:06,753
sexually based offenses are
considered especially heinous.
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00:00:06,753 --> 00:00:09,022
In New York City,
the dedicated detectives
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00:00:09,022 --> 00:00:10,890
who investigate
these vicious felonies
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00:00:10,890 --> 00:00:12,625
are members of an elite squad
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00:00:12,625 --> 00:00:14,256
known as
the Special Victims Unit.
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00:00:14,256 --> 00:00:16,196
These are their stories.
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00:00:18,424 --> 00:00:19,725
What in the hell
were you thinking?
9
00:00:19,725 --> 00:00:20,759
You said to invite people.
10
00:00:20,759 --> 00:00:23,495
I said bring "a friend,"
not 25 slobs.
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00:00:23,495 --> 00:00:24,663
You're out
of cold beer.
12
00:00:24,663 --> 00:00:25,965
Oh, guess you should
go home then.
13
00:00:25,965 --> 00:00:26,966
You've got a phone call.
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00:00:26,966 --> 00:00:27,967
Whoever it is,
I'm busy.
15
00:00:27,967 --> 00:00:28,968
It's your neighbor.
16
00:00:28,968 --> 00:00:30,703
It's something about
music and the cops.
17
00:00:30,703 --> 00:00:32,112
Mrs. Grenis.
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00:00:32,112 --> 00:00:34,039
I'm turning it down.
19
00:00:34,039 --> 00:00:37,843
Believe me, I'd love
for these parasites to leave.
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00:00:37,843 --> 00:00:39,011
Okay.
21
00:00:39,011 --> 00:00:40,646
(glass breaking)
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00:00:40,646 --> 00:00:41,814
Oh, my God.
23
00:00:41,814 --> 00:00:43,118
What are you doing to my house?
24
00:00:46,752 --> 00:00:48,020
Open the door.
25
00:00:48,020 --> 00:00:49,922
Open the damn door.
26
00:00:53,826 --> 00:00:55,461
What the hell
happened?
27
00:00:55,461 --> 00:00:57,830
He, he tried to rape me.
28
00:00:59,531 --> 00:01:02,001
MAN:
Rape victim's
a Cheryl Avery, 19.
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00:01:02,001 --> 00:01:05,070
Medic's checking her out
on the bus.
30
00:01:05,070 --> 00:01:06,071
She hurt bad?
31
00:01:06,071 --> 00:01:07,706
Got a bloody hand
from crowning
32
00:01:07,706 --> 00:01:10,111
her alleged attacker
on the head with a vase.
33
00:01:10,111 --> 00:01:11,610
Where is the alleged
attacker?
34
00:01:11,610 --> 00:01:13,579
Oh, he's on the way
to Cabrini.
35
00:01:13,579 --> 00:01:15,111
His name's a Joe Capilla.
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00:01:15,111 --> 00:01:17,716
Miss Avery claims
he tried to rape her.
37
00:01:17,716 --> 00:01:20,117
Well, sounds like
you think she made it up.
38
00:01:20,117 --> 00:01:21,487
Well, her blouse
is torn,
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00:01:21,487 --> 00:01:22,688
and her face
was bruised,
40
00:01:22,688 --> 00:01:25,111
but she refuses to go
to the ER to get checked out.
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00:01:25,111 --> 00:01:27,960
She was violated,
doesn't want to be poked at.
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00:01:27,960 --> 00:01:30,062
Detective Benson, SVU.
43
00:01:30,062 --> 00:01:31,430
Where's your patient?
44
00:01:31,430 --> 00:01:32,431
In back.
45
00:01:32,431 --> 00:01:33,499
No, she's not.
46
00:01:33,499 --> 00:01:35,115
She was here a minute ago.
47
00:01:38,111 --> 00:01:39,672
Must have bailed.
48
00:01:41,940 --> 00:01:43,976
Son of a bitch.
49
00:02:32,654 --> 00:02:34,032
Looks like they struggled.
50
00:02:34,032 --> 00:02:35,939
See these black scuff marks?
51
00:02:35,939 --> 00:02:37,407
Perp was wearing sneakers,
52
00:02:37,407 --> 00:02:40,711
so these probably came
from Cheryl Avery's heels.
53
00:02:40,711 --> 00:02:43,982
He shoved her backwards into
the window, the glass broke,
54
00:02:43,982 --> 00:02:46,983
she grabbed the vase
and whacked him with it.
55
00:02:46,983 --> 00:02:49,983
Went down and banged
his head on the tub.
56
00:02:49,983 --> 00:02:51,788
Find Cheryl yet?
57
00:02:51,788 --> 00:02:54,291
Nope, neither did the sector car
I sent to her house.
58
00:02:54,291 --> 00:02:56,293
The address she gave
the uniform was phony.
59
00:02:56,293 --> 00:02:58,328
I wouldn't be surprised
if her name is, too.
60
00:02:58,328 --> 00:03:02,699
Well, this is a party.
Somebody had to invite her.
61
00:03:02,699 --> 00:03:04,701
I invited five friends
over for pizza and beer.
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00:03:04,701 --> 00:03:06,937
That Joe and Cheryl, they
weren't even on the list.
63
00:03:06,937 --> 00:03:07,938
BENSON:
Do you know them?
64
00:03:07,938 --> 00:03:09,940
No, I don't hang out
with rapists.
65
00:03:09,940 --> 00:03:11,775
And the first time
I saw Cheryl
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00:03:11,775 --> 00:03:12,987
was in my bathroom,
bleeding.
67
00:03:12,987 --> 00:03:13,988
So who invited them?
68
00:03:13,988 --> 00:03:14,989
Name's Ricki.
69
00:03:14,989 --> 00:03:17,547
Freaking social director.
70
00:03:17,547 --> 00:03:18,882
Ricki.
71
00:03:20,450 --> 00:03:22,452
What can you tell us
about Joe?
72
00:03:22,452 --> 00:03:25,322
Met him at a club,
thought he was cute,
73
00:03:25,322 --> 00:03:26,981
till he showed up high
74
00:03:26,981 --> 00:03:28,985
and started hitting
on every girl in the room.
75
00:03:28,985 --> 00:03:30,360
Joe hit on Cheryl?
76
00:03:30,360 --> 00:03:31,595
Didn't see it,
77
00:03:31,595 --> 00:03:33,764
but maybe that's why he was
fighting with his brother.
78
00:03:33,764 --> 00:03:34,765
Joe's brother
was here?
79
00:03:34,765 --> 00:03:36,466
Yeah, name's Eddie.
80
00:03:36,466 --> 00:03:38,669
Cheryl's his girlfriend.
81
00:03:38,669 --> 00:03:39,985
You have any idea
where Eddie lives?
82
00:03:39,985 --> 00:03:40,989
With Joe
and their mom.
83
00:03:40,989 --> 00:03:42,706
23rd and 9th.
84
00:03:42,706 --> 00:03:43,907
Hospital.
85
00:03:43,907 --> 00:03:45,809
Cheryl going
to be okay?
86
00:03:45,809 --> 00:03:47,811
No, Joe's dead.
87
00:03:50,986 --> 00:03:53,283
BOY:
My mom called from the hospital
88
00:03:53,283 --> 00:03:55,552
and told me everything, so...
89
00:03:55,552 --> 00:03:57,587
We're so sorry
for your loss.
90
00:03:57,587 --> 00:03:59,856
Eddie, we need
to find out
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00:03:59,856 --> 00:04:02,559
what happened at that party.
92
00:04:02,559 --> 00:04:06,596
Um, my brother
tried to rape my girlfriend.
93
00:04:06,596 --> 00:04:09,733
That's what
the hospital told my mom.
94
00:04:09,733 --> 00:04:11,601
What did you see?
95
00:04:11,601 --> 00:04:14,538
I left early.
96
00:04:14,538 --> 00:04:15,639
BENSON:
How come?
97
00:04:15,639 --> 00:04:18,986
I started having my,
uh, palpitations.
98
00:04:18,986 --> 00:04:20,981
From fighting
with your brother?
99
00:04:20,981 --> 00:04:21,983
Yeah...
100
00:04:21,983 --> 00:04:23,947
Got a heart condition,
101
00:04:23,947 --> 00:04:28,518
so I came home,
to, uh, take my medicine.
102
00:04:28,518 --> 00:04:29,987
You didn't take
Cheryl with you?
103
00:04:29,987 --> 00:04:32,789
I told her to stay.
104
00:04:32,789 --> 00:04:35,926
She's dancing,
having a good time...
105
00:04:35,926 --> 00:04:38,986
Bum leg keep you
from dancing with her?
106
00:04:38,986 --> 00:04:42,432
Yeah, I sprained my ankle
playing hoops.
107
00:04:42,432 --> 00:04:44,835
I know, with
a heart condition,
108
00:04:44,835 --> 00:04:46,603
it's stupid.
109
00:04:46,603 --> 00:04:51,575
Eddie, why were you
and your brother fighting?
110
00:04:51,575 --> 00:04:52,809
He's a punk.
111
00:04:52,809 --> 00:04:56,346
He treated women like dirt.
112
00:04:56,346 --> 00:04:57,447
He ever get rough?
113
00:04:57,447 --> 00:04:59,549
Yeah, when
he got high,
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00:04:59,549 --> 00:05:00,988
which was all the time.
115
00:05:00,988 --> 00:05:03,981
That's what
we were fighting about.
116
00:05:03,981 --> 00:05:08,658
Cheryl is the nicest girl
I ever met.
117
00:05:08,658 --> 00:05:11,989
She wouldn't hit Joe unless...
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00:05:11,989 --> 00:05:13,463
he provoked her.
119
00:05:13,463 --> 00:05:15,465
I mean, she says it
was self-defense,
120
00:05:15,465 --> 00:05:16,981
then it was.
121
00:05:16,981 --> 00:05:18,980
She ran away.
122
00:05:18,980 --> 00:05:22,406
That looks real bad.
123
00:05:22,406 --> 00:05:24,408
You want
to help her?
124
00:05:24,408 --> 00:05:26,443
Tell us
where she is.
125
00:05:28,612 --> 00:05:30,347
I wanted to tell Eddie
what happened,
126
00:05:30,347 --> 00:05:31,981
but I didn't think
he'd understand.
127
00:05:31,981 --> 00:05:34,384
BENSON:
We're having a hard time
ourselves, Cheryl.
128
00:05:34,384 --> 00:05:35,786
Why did you leave
the ambulance?
129
00:05:35,786 --> 00:05:37,988
I thought you wouldn't
believe me.
130
00:05:37,988 --> 00:05:40,524
It'd be Joe's word
against mine.
131
00:05:40,524 --> 00:05:42,626
All we've got is your word.
Joe's dead.
132
00:05:42,626 --> 00:05:45,729
Oh, my God.
133
00:05:45,729 --> 00:05:50,534
Oh, my God... I...
134
00:05:50,534 --> 00:05:54,304
I didn't...
135
00:05:54,304 --> 00:05:56,986
I didn't...
I didn't mean to kill him.
136
00:05:56,986 --> 00:05:58,642
Cheryl, tell us what happened.
137
00:05:58,642 --> 00:05:59,843
Will I go to jail?
138
00:05:59,843 --> 00:06:02,379
Not if he attacked you,
it's self-defense.
139
00:06:02,379 --> 00:06:05,348
Okay.
140
00:06:05,348 --> 00:06:06,850
I, uh...
141
00:06:06,850 --> 00:06:11,421
I went to the bathroom,
and Joe followed me in.
142
00:06:11,421 --> 00:06:15,792
I try to be nice to him
for Eddie's sake, but...
143
00:06:15,792 --> 00:06:17,360
God, he's so disgusting.
144
00:06:17,360 --> 00:06:20,697
He's constantly
putting Eddie down.
145
00:06:20,697 --> 00:06:23,983
And I told him to get out,
but he wouldn't leave.
146
00:06:23,983 --> 00:06:25,435
Did he touch you?
147
00:06:25,435 --> 00:06:27,704
He put his hands
on my, on my breasts.
148
00:06:27,704 --> 00:06:28,987
I tried to yell
for help,
149
00:06:28,987 --> 00:06:30,986
but the music was too loud.
150
00:06:30,986 --> 00:06:33,985
He ripped my shirt,
151
00:06:33,985 --> 00:06:36,913
and he punched me in the face,
152
00:06:36,913 --> 00:06:41,351
and I grabbed something and
I hit him, but he fought back.
153
00:06:41,351 --> 00:06:43,787
So I...
154
00:06:43,787 --> 00:06:45,889
I pushed him off me,
155
00:06:45,889 --> 00:06:49,593
and that's when
he fell and hit the tub.
156
00:06:49,593 --> 00:06:51,985
CRAGEN:
So, are you going
to indict Cheryl,
157
00:06:51,985 --> 00:06:53,830
or give her a pass?
158
00:06:53,830 --> 00:06:55,499
No, I'm in no hurry
to convene a grand jury.
159
00:06:55,499 --> 00:06:56,985
If the crime lab confirms
Cheryl's account,
160
00:06:56,985 --> 00:06:58,568
it's justifiable homicide.
161
00:06:58,568 --> 00:06:59,870
What else
have we got?
162
00:06:59,870 --> 00:07:02,305
Tox screen on Joe
positive for crystal meth.
163
00:07:02,305 --> 00:07:03,980
That explains
his pugnacious personality.
164
00:07:03,980 --> 00:07:04,987
Yeah, still here.
165
00:07:04,987 --> 00:07:07,477
Those bruises are real, Alex.
He definitely hit her.
166
00:07:07,477 --> 00:07:08,612
Does Cheryl
have any priors?
167
00:07:08,612 --> 00:07:09,646
She's clean.
168
00:07:09,646 --> 00:07:10,647
But Joe isn't.
169
00:07:10,647 --> 00:07:12,315
2-6 has a sexual assault
complaint
170
00:07:12,315 --> 00:07:13,683
filed by a Paige Salinsky.
171
00:07:13,683 --> 00:07:15,385
Was Joe arrested?
172
00:07:15,385 --> 00:07:16,980
Miss Salinsky dropped
the charges.
173
00:07:16,980 --> 00:07:18,421
So Joe has a habit
of getting high,
174
00:07:18,421 --> 00:07:20,757
abusing women, and his own
brother thinks he's a hump.
175
00:07:20,757 --> 00:07:22,859
Well, don't forget his brother
just happens to be
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00:07:22,859 --> 00:07:23,894
the victim's boyfriend.
177
00:07:23,894 --> 00:07:25,362
Joe's the only one
who can't speak.
178
00:07:25,362 --> 00:07:26,763
Maybe his wounds still can.
179
00:07:26,763 --> 00:07:27,983
If Joe did attack Cheryl,
180
00:07:27,983 --> 00:07:29,900
he may have injuries
to show for it.
181
00:07:29,900 --> 00:07:31,980
Check with EMS
and the Medical Examiner.
182
00:07:31,980 --> 00:07:33,983
MAN:
Yeah, I remember.
183
00:07:33,983 --> 00:07:36,840
Got him stabilized
halfway to the hospital
184
00:07:36,840 --> 00:07:40,343
when he seized, went
into cardiac arrest, DOA.
185
00:07:40,343 --> 00:07:42,512
Doc told us later that
the blows to the head
186
00:07:42,512 --> 00:07:43,847
caused a subarachnoid
hemorrhage.
187
00:07:43,847 --> 00:07:45,482
Well, did you notice
any other injuries?
188
00:07:45,482 --> 00:07:47,717
Scratches, swelling?
189
00:07:47,717 --> 00:07:49,981
Three knuckles on his
right hand were cut up.
190
00:07:49,981 --> 00:07:51,986
Bruise on Cheryl's face
was on the left side.
191
00:07:51,986 --> 00:07:53,823
So he punches her
with his right,
192
00:07:53,823 --> 00:07:55,325
he cuts his hand on her teeth.
193
00:07:55,325 --> 00:07:56,980
Hey, you remember
anything else?
194
00:07:56,980 --> 00:07:57,980
Before the seizure,
195
00:07:57,980 --> 00:07:58,980
the guy was rambling.
196
00:07:58,980 --> 00:08:00,297
Any of it make sense?
197
00:08:00,297 --> 00:08:01,464
You tell me.
198
00:08:01,464 --> 00:08:05,902
"Get Eddie. Get Eddie.
He did it. He did it."
199
00:08:05,902 --> 00:08:07,981
Are you sure that he said,
"Eddie?"
200
00:08:07,981 --> 00:08:09,981
Anything the patient says,
I write down.
201
00:08:09,981 --> 00:08:12,742
Sounds like Cheryl
didn't tell us everything.
202
00:08:15,312 --> 00:08:16,513
WOMAN:
May I help you?
203
00:08:16,513 --> 00:08:18,348
BENSON:
We're looking for Cheryl.
204
00:08:18,348 --> 00:08:19,849
In back.
205
00:08:19,849 --> 00:08:21,451
She's got company.
206
00:08:29,559 --> 00:08:31,361
BENSON:
Looks like
we're interrupting.
207
00:08:31,361 --> 00:08:33,863
STABLER:
Guess they had to get
their story straight.
208
00:08:33,863 --> 00:08:36,766
What do you mean?
209
00:08:36,766 --> 00:08:38,635
Stop screwing us around,
the both of you.
210
00:08:38,635 --> 00:08:39,803
I told you what happened.
211
00:08:39,803 --> 00:08:41,371
Yeah, you left out
a few details.
212
00:08:41,371 --> 00:08:42,572
Like what?
213
00:08:42,572 --> 00:08:44,507
That bathroom window
was broken out.
214
00:08:44,507 --> 00:08:46,376
It's a 15-foot drop
to the ground.
215
00:08:46,376 --> 00:08:47,989
How'd you really sprain
your ankle?
216
00:08:47,989 --> 00:08:51,281
Wait, Eddie, Eddie had
nothing to do with this.
217
00:08:51,281 --> 00:08:52,916
That's not
what Joe said.
218
00:08:52,916 --> 00:08:54,284
What are you talking about?
219
00:08:54,284 --> 00:08:55,652
In the ambulance,
before he died,
220
00:08:55,652 --> 00:08:59,823
he said he did it.
"Get Eddie."
221
00:09:06,411 --> 00:09:07,412
Joe tried to rape me.
222
00:09:07,412 --> 00:09:09,381
I hit him, he fell,
and he banged his head.
223
00:09:09,381 --> 00:09:11,817
Cheryl, you're hindering
a murder investigation.
224
00:09:11,817 --> 00:09:15,079
Now Joe said that Eddie did it,
225
00:09:15,079 --> 00:09:17,684
and I understand that
you're trying to protect him.
226
00:09:17,684 --> 00:09:19,014
Eddie went home.
227
00:09:19,014 --> 00:09:20,685
We know that,
but we have witnesses
228
00:09:20,685 --> 00:09:23,682
that saw Eddie and Joe fighting,
and then Eddie left.
229
00:09:23,682 --> 00:09:25,320
But he came back,
didn't he?
230
00:09:25,320 --> 00:09:26,521
No. No.
231
00:09:26,521 --> 00:09:30,443
If Joe was attacking you,
and Eddie walked in
232
00:09:30,443 --> 00:09:33,304
and came to your defense, then
Joe's death is an accident.
233
00:09:33,304 --> 00:09:35,250
You tried to stop him.
It got out of hand.
234
00:09:35,250 --> 00:09:36,618
You didn't mean
to kill anybody.
235
00:09:36,618 --> 00:09:38,297
That's not what happened.
236
00:09:38,297 --> 00:09:39,304
Eddie, no one's going
to put you away
237
00:09:39,304 --> 00:09:40,622
for protecting your girlfriend.
238
00:09:40,622 --> 00:09:43,302
I swear, I never
touched Joe.
239
00:09:46,795 --> 00:09:48,964
Ah, Eddie...
240
00:09:48,964 --> 00:09:50,302
Okay, Eddie.
241
00:09:50,302 --> 00:09:52,768
Okay, so,
I've got this all wrong.
242
00:09:52,768 --> 00:09:55,604
Maybe Joe didn't try
to rape Cheryl, huh?
243
00:09:55,604 --> 00:09:56,772
Of course he did.
244
00:09:56,772 --> 00:09:58,304
No, you know
what I'm thinking?
245
00:09:58,304 --> 00:10:00,776
You caught Joe and
Cheryl getting it on
246
00:10:00,776 --> 00:10:02,302
behind your back
in that bathroom.
No...
247
00:10:02,302 --> 00:10:03,946
The betrayal.
No! No!
248
00:10:03,946 --> 00:10:05,297
The blind rage.
249
00:10:05,297 --> 00:10:07,683
Cheryl loves me.
250
00:10:07,683 --> 00:10:08,951
Were you making
out with Joe?
251
00:10:08,951 --> 00:10:10,297
Oh, my God, I would...
252
00:10:10,297 --> 00:10:11,304
No, I would never do that
to Eddie.
253
00:10:11,304 --> 00:10:12,306
Of course you
didn't mean to,
254
00:10:12,306 --> 00:10:14,723
but Eddie left you alone
at a party with Joe,
255
00:10:14,723 --> 00:10:16,303
so he starts making the moves
on you.
256
00:10:16,303 --> 00:10:18,093
You got caught up in the moment.
257
00:10:18,093 --> 00:10:20,129
Wait, wait, no, no,
no, you're wrong.
258
00:10:20,129 --> 00:10:21,630
So you didn't want
Eddie to know.
259
00:10:21,630 --> 00:10:22,631
So when he walked in,
260
00:10:22,631 --> 00:10:24,166
you said that Joe
was raping you.
261
00:10:24,166 --> 00:10:26,869
And he responded
like any good boyfriend would.
262
00:10:26,869 --> 00:10:28,037
STABLER:
You hit Joe.
263
00:10:28,037 --> 00:10:29,305
No, I didn't.
264
00:10:29,305 --> 00:10:31,106
You went back
to the party to
bring Cheryl home.
265
00:10:31,106 --> 00:10:32,608
You find her in
the bathroom...
Don't do this! What?!
266
00:10:32,608 --> 00:10:34,297
...with your brother's
hands all over her.
267
00:10:34,297 --> 00:10:35,778
Come on, Eddie.
Be a man.
268
00:10:35,778 --> 00:10:37,946
Don't let your
girlfriend go down
for something you did.
269
00:10:37,946 --> 00:10:39,297
Okay!
270
00:10:40,949 --> 00:10:42,297
I was in the room.
271
00:10:42,297 --> 00:10:43,786
I was there.
272
00:10:43,786 --> 00:10:44,953
Just tell me
what happened.
273
00:10:44,953 --> 00:10:48,304
He was being a prick
to some of the girls
274
00:10:48,304 --> 00:10:51,794
at the party,
and I told him, "Stop."
275
00:10:51,794 --> 00:10:55,664
He got pissed, gave me
a shove, then... I left.
276
00:10:55,664 --> 00:10:56,865
I know.
277
00:10:56,865 --> 00:10:58,133
To go home and get your pills.
278
00:10:58,133 --> 00:10:59,304
We've been through that!
279
00:10:59,304 --> 00:11:00,769
Why are you
telling me that?
280
00:11:00,769 --> 00:11:01,770
I want to know,
281
00:11:01,770 --> 00:11:03,297
why did you come back?
282
00:11:03,297 --> 00:11:06,299
I felt bad 'cause I
had left Cheryl there.
283
00:11:06,299 --> 00:11:08,300
Joe was already
on the floor
284
00:11:08,300 --> 00:11:11,297
when I walked
into that bathroom.
285
00:11:11,297 --> 00:11:14,616
Cheryl locked the door,
said Joe tried to rape her,
286
00:11:14,616 --> 00:11:16,298
just like she told you...
287
00:11:16,298 --> 00:11:17,302
So, you didn't see anything?
288
00:11:17,302 --> 00:11:18,302
That's awful convenient.
289
00:11:18,302 --> 00:11:19,855
Why would you jump out
the window?
290
00:11:19,855 --> 00:11:21,297
She said that people
would think
291
00:11:21,297 --> 00:11:25,627
I did it because they saw
Joe and me fighting earlier.
292
00:11:25,627 --> 00:11:26,962
(frustrated groan)
293
00:11:26,962 --> 00:11:31,767
Cheryl was only trying
to protect me.
294
00:11:36,772 --> 00:11:38,607
Eddie says he was
in the bathroom.
295
00:11:38,607 --> 00:11:39,775
Eddie says he wasn't.
296
00:11:39,775 --> 00:11:41,302
I can't tell
who's covering for whom.
297
00:11:41,302 --> 00:11:42,744
Eddie fought
with his brother
298
00:11:42,744 --> 00:11:44,113
in front of a
dozen witnesses.
299
00:11:44,113 --> 00:11:46,297
His brother
winds up dead.
300
00:11:46,297 --> 00:11:48,951
What if the rape
itself is the lie?
301
00:11:48,951 --> 00:11:50,953
Do you think Cheryl
made the whole thing up?
302
00:11:50,953 --> 00:11:52,121
To cover for Eddie.
303
00:11:52,121 --> 00:11:53,622
He kills Joe
in the bathroom.
304
00:11:53,622 --> 00:11:55,299
Cheryl walks in,
tells Eddie
305
00:11:55,299 --> 00:11:56,299
to go out the window.
306
00:11:56,299 --> 00:11:57,960
She'll say Joe was trying
to rape her.
307
00:11:57,960 --> 00:11:59,299
Well, then they're
co-conspirators,
308
00:11:59,299 --> 00:12:01,298
and I can't use anything
either one of them says
309
00:12:01,298 --> 00:12:03,302
against the other without
independent corroboration.
310
00:12:03,302 --> 00:12:04,633
We canvassed everyone
at the party.
311
00:12:04,633 --> 00:12:07,299
Nobody saw anything.
312
00:12:07,299 --> 00:12:10,297
Let's see whose story the
physical evidence supports.
313
00:12:14,643 --> 00:12:16,298
We're not done with
the reconstruction yet,
314
00:12:16,298 --> 00:12:18,747
but I can tell you
that everyone's prints
are in that bathroom.
315
00:12:18,747 --> 00:12:20,616
Eddie admits he was there.
There's no surprise.
316
00:12:20,616 --> 00:12:22,618
This will be.
This is Joe's shirt.
317
00:12:22,618 --> 00:12:24,786
Blood on it only belongs to him.
318
00:12:24,786 --> 00:12:25,954
This is Cheryl's.
319
00:12:25,954 --> 00:12:27,623
Two different blood types,
both male.
320
00:12:27,623 --> 00:12:28,624
One matches Joe.
321
00:12:28,624 --> 00:12:29,858
The other's unknown.
322
00:12:29,858 --> 00:12:31,793
So it's got
to be Eddie's.
It's not.
323
00:12:31,793 --> 00:12:33,061
Y chromosomes from the DNA say
324
00:12:33,061 --> 00:12:34,796
the samples come
from two unrelated males.
325
00:12:34,796 --> 00:12:35,864
So now we got
another guy
326
00:12:35,864 --> 00:12:37,699
in that bathroom
with Joe, Eddie,
and Cheryl?
327
00:12:37,699 --> 00:12:38,700
That's what
I thought
328
00:12:38,700 --> 00:12:40,769
until I tested this.
329
00:12:40,769 --> 00:12:42,297
You get that out
of the bathroom?
330
00:12:42,297 --> 00:12:43,302
No. From EMS.
331
00:12:43,302 --> 00:12:45,300
Medics used it to wrap
Cheryl's bloody hand.
332
00:12:45,300 --> 00:12:46,808
Then we collected it
for evidence.
333
00:12:46,808 --> 00:12:48,010
It's called a control sample
334
00:12:48,010 --> 00:12:49,778
because the only blood on it
is Cheryl's.
335
00:12:49,778 --> 00:12:51,246
Well, what's that
going to tell us?
336
00:12:51,246 --> 00:12:52,301
I compared the blood
337
00:12:52,301 --> 00:12:54,306
on the bandage
to our unknown male.
338
00:12:54,306 --> 00:12:55,306
It was a match.
339
00:13:01,123 --> 00:13:04,092
Cheryl's a man?
340
00:13:04,092 --> 00:13:06,302
What in the hell
are we dealing with?
341
00:13:06,302 --> 00:13:08,197
Probably
a pre-op transsexual.
342
00:13:08,197 --> 00:13:10,300
STABLER:
If she's still
got her package,
343
00:13:10,300 --> 00:13:12,935
it explains why she didn't go
to the hospital to be examined.
344
00:13:12,935 --> 00:13:15,604
I've seen plenty
of trannies, but
she is amazing.
345
00:13:15,604 --> 00:13:17,297
She's got to be
taking hormones.
346
00:13:17,297 --> 00:13:19,675
Boys with breasts get
more money on the street.
347
00:13:19,675 --> 00:13:21,009
Ah, I don't make her
for a pro.
348
00:13:21,009 --> 00:13:22,077
She's got a straight job.
349
00:13:22,077 --> 00:13:24,112
Probably saving up enough money
for the surgery.
350
00:13:24,112 --> 00:13:25,647
Well, none of this
changes the fact
351
00:13:25,647 --> 00:13:27,115
that Joe still
tried to rape her.
352
00:13:27,115 --> 00:13:28,784
She's got the bruises
to show for it.
353
00:13:28,784 --> 00:13:30,953
Maybe he got violent
when he discovered her secret.
354
00:13:30,953 --> 00:13:32,303
Or Joe threatened
to tell Eddie,
355
00:13:32,303 --> 00:13:34,122
giving Cheryl motive
to kill him.
356
00:13:34,122 --> 00:13:35,301
STABLER:
Eddie's got to know.
357
00:13:35,301 --> 00:13:38,126
He and Cheryl have been going
out for a couple months now.
358
00:13:38,126 --> 00:13:40,306
They were all over each other
when we picked them up.
359
00:13:40,306 --> 00:13:42,299
So they're both covering up
Cheryl's secret.
360
00:13:42,299 --> 00:13:44,233
Who do you think
we should try to break first?
361
00:13:44,233 --> 00:13:45,601
Cheryl's pulling
all the strings
362
00:13:45,601 --> 00:13:46,935
telling Eddie
what to say.
363
00:13:46,935 --> 00:13:48,770
My guess is he's
the weaker link.
364
00:13:51,940 --> 00:13:53,302
Eddie...
365
00:13:53,302 --> 00:13:56,778
I know you've been
through a lot.
366
00:13:56,778 --> 00:13:58,780
I don't want to
make things worse.
367
00:13:58,780 --> 00:13:59,781
What do you mean?
368
00:13:59,781 --> 00:14:00,816
I'm not here
to judge you.
369
00:14:00,816 --> 00:14:02,297
You know that, right?
370
00:14:02,297 --> 00:14:05,988
I just want to find out what
happened in that bathroom.
371
00:14:05,988 --> 00:14:10,125
I already told you. Mm.
372
00:14:10,125 --> 00:14:12,297
I walked into the bathroom.
373
00:14:12,297 --> 00:14:13,962
Joe was on the floor.
374
00:14:13,962 --> 00:14:17,733
Cheryl, uh, was beat up.
375
00:14:17,733 --> 00:14:21,003
You didn't tell us
about Cheryl, though.
376
00:14:21,003 --> 00:14:22,604
What about her?
377
00:14:24,304 --> 00:14:26,775
(sighs)
378
00:14:26,775 --> 00:14:32,114
What you do in your private life
is your business.
379
00:14:32,114 --> 00:14:33,915
You got to start being honest
with me.
380
00:14:33,915 --> 00:14:37,302
I am being honest.
381
00:14:37,302 --> 00:14:38,787
What?
382
00:14:38,787 --> 00:14:42,958
I-I don't understand
what you're talking about.
383
00:14:45,794 --> 00:14:50,999
I'm talking
about Cheryl being... a man.
384
00:14:53,101 --> 00:14:56,297
(scoffs)
385
00:14:56,297 --> 00:15:01,300
What kind of sick joke is this?
386
00:15:04,297 --> 00:15:06,306
I'm sorry you had to f...
find out this way.
387
00:15:06,306 --> 00:15:08,617
Uh... you're crazy.
388
00:15:08,617 --> 00:15:10,297
(laughs)
389
00:15:10,297 --> 00:15:14,297
I have... I've seen her...
I've seen her breasts.
390
00:15:14,297 --> 00:15:16,297
Female hormones.
391
00:15:16,297 --> 00:15:17,302
They can do that.
392
00:15:17,302 --> 00:15:22,898
Look, Eddie, she
had us all fooled.
393
00:15:22,898 --> 00:15:25,000
We did a blood test.
394
00:15:25,000 --> 00:15:27,803
(yells)
395
00:15:27,803 --> 00:15:31,297
Oh! What are you saying to me?!
396
00:15:31,297 --> 00:15:32,302
I held her!
397
00:15:32,302 --> 00:15:36,297
I... kissed her! I wa...
398
00:15:37,746 --> 00:15:40,782
I-I wanted to spend my life
with her.
399
00:15:40,782 --> 00:15:41,950
What are you...?
400
00:15:41,950 --> 00:15:44,019
Oh.
401
00:15:46,621 --> 00:15:49,791
She wouldn't have sex.
402
00:15:49,791 --> 00:15:52,961
She said... she wanted to wait.
403
00:15:52,961 --> 00:15:54,302
She would just...
404
00:15:54,302 --> 00:15:57,599
push my hands away.
405
00:15:58,767 --> 00:16:00,102
Oh, God.
406
00:16:00,102 --> 00:16:01,937
I need to see her.
407
00:16:01,937 --> 00:16:03,297
Eddie...
I need to see her.
408
00:16:03,297 --> 00:16:06,608
I got to talk to her.
409
00:16:06,608 --> 00:16:08,777
(panting)
410
00:16:08,777 --> 00:16:09,978
Eddie.
411
00:16:09,978 --> 00:16:12,214
Don't. Mm.
412
00:16:12,214 --> 00:16:15,784
(moaning)
413
00:16:15,784 --> 00:16:16,985
What's wrong with you?
414
00:16:16,985 --> 00:16:22,298
Wh-Why are you looking
at me like that?
415
00:16:22,298 --> 00:16:24,297
Say something.
416
00:16:24,297 --> 00:16:25,794
Come here.
417
00:16:25,794 --> 00:16:27,301
(moans)
418
00:16:27,301 --> 00:16:29,304
Ah... (gagging)
419
00:16:31,302 --> 00:16:33,201
Mm-hmm.
420
00:16:33,201 --> 00:16:34,970
You are a freak!
421
00:16:34,970 --> 00:16:36,297
CHERYL:
No!
422
00:16:36,297 --> 00:16:37,706
STABLER:
Eddie... Eddie.
423
00:16:37,706 --> 00:16:39,303
Eddie. Eddie!
424
00:16:41,610 --> 00:16:43,302
Okay?
425
00:16:43,302 --> 00:16:45,304
Look, I was going to tell you.
426
00:16:45,304 --> 00:16:46,782
When?
427
00:16:46,782 --> 00:16:48,303
After I had the surgery.
428
00:16:48,303 --> 00:16:52,788
Oh, you make me sick!
429
00:16:52,788 --> 00:16:54,956
Oh, God!
430
00:16:54,956 --> 00:16:56,305
(sobbing):
Why did you do this?
431
00:16:56,305 --> 00:16:59,161
Why?
432
00:16:59,161 --> 00:17:02,297
Cheryl, stand up. Come on.
433
00:17:02,297 --> 00:17:04,933
It's okay. Come on. Come on.
434
00:17:06,601 --> 00:17:09,302
We thought that Eddie knew.
435
00:17:09,302 --> 00:17:10,705
We thought that
436
00:17:10,705 --> 00:17:12,607
he was protecting you.
437
00:17:12,607 --> 00:17:14,209
How long did you think
438
00:17:14,209 --> 00:17:16,611
that you could keep this
a secret?
439
00:17:16,611 --> 00:17:18,947
I just thought if I could
make him love me enough,
440
00:17:18,947 --> 00:17:21,298
he'd understand.
441
00:17:21,298 --> 00:17:23,297
Okay, well, let's sit down.
Come on.
442
00:17:23,297 --> 00:17:26,302
Come on. Sit down.
443
00:17:31,297 --> 00:17:35,163
But you were also afraid
that he wouldn't understand.
444
00:17:35,163 --> 00:17:38,767
For the first time in my life,
I've had someone who loves me.
445
00:17:42,103 --> 00:17:46,608
And if Joe was to tell Eddie,
that would be over.
446
00:17:46,608 --> 00:17:47,306
My life would be over.
447
00:17:47,306 --> 00:17:52,047
So what happened?
448
00:17:52,047 --> 00:17:54,616
Joe was walking
out of the bathroom,
449
00:17:54,616 --> 00:17:58,300
so I... I picked up the vase,
and I hit him.
450
00:17:58,300 --> 00:18:00,305
And then Eddie walked in.
451
00:18:00,305 --> 00:18:01,756
I never meant
452
00:18:01,756 --> 00:18:03,792
to kill Joe.
453
00:18:03,792 --> 00:18:06,297
I just didn't want him to talk.
454
00:18:09,130 --> 00:18:14,297
You'll have to tell Eddie
that I didn't mean to do it.
455
00:18:14,297 --> 00:18:17,772
I mean, please,
make him understand that.
456
00:18:19,302 --> 00:18:21,943
(water running)
457
00:18:21,943 --> 00:18:23,612
You okay?
458
00:18:23,612 --> 00:18:26,297
Ugh... I'll never be okay.
459
00:18:26,297 --> 00:18:28,302
(sniffles)
460
00:18:28,302 --> 00:18:31,119
This wasn't your fault.
461
00:18:31,119 --> 00:18:33,297
Yeah, it was.
462
00:18:33,297 --> 00:18:39,628
My brother's dead because
my girlfriend's a... guy.
463
00:18:39,628 --> 00:18:41,129
(stammers)
464
00:18:41,129 --> 00:18:44,032
No one knew.
465
00:18:47,102 --> 00:18:52,297
What if, um, I did know...
deep down?
466
00:18:57,297 --> 00:19:02,117
You were in love
with a woman.
467
00:19:02,117 --> 00:19:04,297
That's what you knew.
468
00:19:06,121 --> 00:19:07,297
You sure you're okay?
469
00:19:07,297 --> 00:19:08,297
Yeah.
470
00:19:08,297 --> 00:19:09,297
Huh?
471
00:19:09,297 --> 00:19:12,127
I need some air.
472
00:19:13,194 --> 00:19:14,930
I need some help in here!
473
00:19:17,766 --> 00:19:18,934
What happened?
474
00:19:18,934 --> 00:19:19,935
He just collapsed.
475
00:19:19,935 --> 00:19:21,102
He's got
a heart condition.
476
00:19:21,102 --> 00:19:21,937
Call an ambulance.
477
00:19:21,937 --> 00:19:22,938
Hardly has any pulse.
478
00:19:22,938 --> 00:19:23,939
This is empty.
479
00:19:23,939 --> 00:19:25,140
Digoxin-- it's
stopping his heart.
480
00:19:25,140 --> 00:19:27,108
We got a drug overdose.
481
00:19:27,108 --> 00:19:31,613
I'm losing his pulse.
You better start CPR.
482
00:19:31,613 --> 00:19:32,781
Eddie!
483
00:19:32,781 --> 00:19:33,915
Come on, Eddie!
484
00:19:36,302 --> 00:19:39,304
Come on, Eddie!
485
00:19:46,351 --> 00:19:48,254
He was pulseless
for ten minutes.
486
00:19:48,254 --> 00:19:50,035
I pronounced him at 18:15.
487
00:19:50,035 --> 00:19:51,040
Got the pill bottle?
488
00:19:51,040 --> 00:19:52,346
Yeah, it's right here.
489
00:19:52,346 --> 00:19:53,680
I'll do the autopsy.
490
00:19:53,680 --> 00:19:55,415
I'll get you the results
as quick as I can,
491
00:19:55,415 --> 00:19:57,818
but it don't look to me like
anything other than a suicide.
492
00:19:57,818 --> 00:19:58,985
It's a death
in custody,
493
00:19:58,985 --> 00:20:00,043
suicide or not.
494
00:20:00,043 --> 00:20:02,037
You guys from
Internal Affairs
495
00:20:02,037 --> 00:20:03,857
are like sharks smelling
blood a mile away.
496
00:20:03,857 --> 00:20:05,038
Save it, Captain.
497
00:20:05,038 --> 00:20:06,760
I got an investigation
to conduct.
498
00:20:06,760 --> 00:20:09,037
You think we forced the pills
down his throat?
499
00:20:09,037 --> 00:20:11,531
No, but you left
a lethal dose of
pharmaceuticals
500
00:20:11,531 --> 00:20:13,700
in the possession of
a distraught suspect.
501
00:20:13,700 --> 00:20:15,669
Talk to me
through my delegate.
502
00:20:15,669 --> 00:20:17,371
That "distraught" suspect
503
00:20:17,371 --> 00:20:19,673
needed those pills
for a heart condition.
504
00:20:19,673 --> 00:20:21,441
That still doesn't mitigate
your failure
505
00:20:21,441 --> 00:20:23,510
to supervise Detective Stabler
and Agent Huang.
506
00:20:23,510 --> 00:20:25,979
IAB doesn't
have jurisdiction
over Dr.Huang.
507
00:20:25,979 --> 00:20:27,681
We'll refer
his conduct
508
00:20:27,681 --> 00:20:30,036
to the FBI's Office
of Professional Responsibility.
509
00:20:30,036 --> 00:20:34,044
I hope your med-mal insurance
is paid up... Doc.
510
00:20:37,038 --> 00:20:40,037
MAN:
All rise.
511
00:20:40,037 --> 00:20:42,562
The honorable Judge
Seligman presiding.
512
00:20:42,562 --> 00:20:46,042
Now in session,
docket ending 5971,
513
00:20:46,042 --> 00:20:48,044
People v.
Cheryl Avery,
514
00:20:48,044 --> 00:20:50,670
one count, murder
in the second degree.
515
00:20:50,670 --> 00:20:52,506
Morton Berger for the defense,
Your Honor.
516
00:20:52,506 --> 00:20:53,707
JUDGE SELIGMAN:
We all know
517
00:20:53,707 --> 00:20:55,042
who you are, Mr. Berger.
518
00:20:55,042 --> 00:20:56,977
How does your client plead?
519
00:20:56,977 --> 00:20:58,044
Not guilty.
520
00:20:58,044 --> 00:21:00,035
Miss Cabot?
521
00:21:00,035 --> 00:21:01,948
Uh, remand.
522
00:21:01,948 --> 00:21:04,035
My client is not a threat
to the community.
523
00:21:04,035 --> 00:21:06,040
She has no prior
criminal record, Your Honor.
524
00:21:06,040 --> 00:21:08,588
And you can't hold a press
conference in a lockup.
525
00:21:08,588 --> 00:21:09,856
She's out of line,
Your Honor.
526
00:21:09,856 --> 00:21:11,458
Oh, come on, Morty.
You wouldn't have
527
00:21:11,458 --> 00:21:13,627
taken this case if you didn't
smell the publicity.
528
00:21:13,627 --> 00:21:15,035
Bail is set at $200,000.
529
00:21:15,035 --> 00:21:16,044
(bangs gavel)
530
00:21:16,044 --> 00:21:17,597
WOMAN:
Mr. Berger,
531
00:21:17,597 --> 00:21:19,041
are you going
with an insanity defense?
532
00:21:19,041 --> 00:21:20,041
Absolutely not.
533
00:21:20,041 --> 00:21:21,568
This case is
entirely
534
00:21:21,568 --> 00:21:23,336
about society's
prejudice...
535
00:21:23,336 --> 00:21:24,704
WOMAN:
Miss Cabot?
536
00:21:24,704 --> 00:21:26,041
...towards the trans...
Ms. Cabot?
537
00:21:26,041 --> 00:21:27,541
A few questions, please.
538
00:21:27,541 --> 00:21:28,542
Miss Cabot,
hold on.
539
00:21:28,542 --> 00:21:29,976
The DA's office will
try this case
540
00:21:29,976 --> 00:21:31,812
in the courtroom, not the press.
Thank you.
541
00:21:31,812 --> 00:21:33,042
MAN:
Miss Cabot,
give us a break.
542
00:21:33,042 --> 00:21:34,044
WOMAN:
Help us out here.
543
00:21:34,044 --> 00:21:35,882
MAN:
Just something, huh?
Come on.
544
00:21:35,882 --> 00:21:38,040
Don't want your 15
minutes of fame, Alex?
545
00:21:38,040 --> 00:21:39,986
I heard
you paid Cheryl's bail.
546
00:21:39,986 --> 00:21:40,987
That's a nice touch.
547
00:21:40,987 --> 00:21:42,355
I can't take
the full credit.
548
00:21:42,355 --> 00:21:43,723
That was the
generosity of my firm.
549
00:21:43,723 --> 00:21:45,039
Cheryl makes a lovely
poster child,
550
00:21:45,039 --> 00:21:47,035
so I'm guessing
you're doing this pro bono.
551
00:21:47,035 --> 00:21:48,041
And you work
for a pittance,
552
00:21:48,041 --> 00:21:49,796
so we're even.
553
00:21:49,796 --> 00:21:51,040
You're wasting your time.
554
00:21:51,040 --> 00:21:53,700
Judge is never going
to suppress Cheryl's confession.
555
00:21:53,700 --> 00:21:54,935
Good.
556
00:21:54,935 --> 00:21:56,403
I need it to support
my argument
557
00:21:56,403 --> 00:21:57,904
that she acted
in self-defense.
558
00:21:57,904 --> 00:21:59,040
Joe Capilla
559
00:21:59,040 --> 00:22:00,540
was leaving the bathroom.
560
00:22:00,540 --> 00:22:01,741
The threat had abated.
561
00:22:01,741 --> 00:22:03,543
Her life was no longer
in danger.
562
00:22:03,543 --> 00:22:05,041
Yeah, until Joe told
a waiting lynch mob
563
00:22:05,041 --> 00:22:06,041
she was transsexual.
564
00:22:06,041 --> 00:22:07,514
Predictions of violence are
565
00:22:07,514 --> 00:22:08,648
notoriously unreliable.
566
00:22:08,648 --> 00:22:10,550
Nobody can say
what Joe might have done.
567
00:22:10,550 --> 00:22:11,718
Come on.
568
00:22:11,718 --> 00:22:13,720
We both know what people do
569
00:22:13,720 --> 00:22:16,723
when they find out the truth
about the transgendered.
570
00:22:16,723 --> 00:22:18,039
They kill them.
571
00:22:18,039 --> 00:22:20,041
STABLER:
Now Cheryl's
572
00:22:20,041 --> 00:22:21,995
not responsible
for beating Joe to death
573
00:22:21,995 --> 00:22:23,042
because she's transgendered.
574
00:22:23,042 --> 00:22:24,044
Well, that's an excuse?
575
00:22:24,044 --> 00:22:25,499
It is,
and it works.
576
00:22:25,499 --> 00:22:26,800
You mean she's going to walk?
577
00:22:26,800 --> 00:22:28,041
I doubt it. The irony is
578
00:22:28,041 --> 00:22:30,504
Berger's argument may
actually work for our case.
579
00:22:30,504 --> 00:22:33,038
People are generally hostile
towards the transgendered.
580
00:22:33,038 --> 00:22:34,541
So a jury
will be, too.
581
00:22:34,541 --> 00:22:36,843
Berger's going to put witnesses
up there for Cheryl,
582
00:22:36,843 --> 00:22:38,912
or whatever his name is,
to tell us all about
583
00:22:38,912 --> 00:22:40,547
how he grew up tormented,
brutalized,
584
00:22:40,547 --> 00:22:42,038
and-and treated
like a freak.
585
00:22:42,038 --> 00:22:44,518
You know, it sounds like
you have a problem with Cheryl.
586
00:22:44,518 --> 00:22:45,685
My problem is
587
00:22:45,685 --> 00:22:47,043
this he/she
and her lies are the reason
588
00:22:47,043 --> 00:22:48,755
we got two dead bodies
on our hands,
589
00:22:48,755 --> 00:22:50,042
and I'm the one
who's all jammed up?
590
00:22:50,042 --> 00:22:52,038
Look, I need background
on Cheryl now.
591
00:22:52,038 --> 00:22:53,727
Look, all we know
so far is that
592
00:22:53,727 --> 00:22:55,729
she changed her name
when she was 18 years old.
593
00:22:55,729 --> 00:22:57,042
She used to be
called Charles Avery.
594
00:22:57,042 --> 00:22:58,042
Her parents still live
595
00:22:58,042 --> 00:22:59,042
in Alphabet City.
596
00:22:59,042 --> 00:23:00,934
CABOT:
Why don't you go
talk to them?
597
00:23:00,934 --> 00:23:03,336
Maybe they can undercut
Cheryl's abuse story.
598
00:23:03,336 --> 00:23:04,337
I don't know, Alex.
599
00:23:04,337 --> 00:23:05,338
Italked to her.
600
00:23:05,338 --> 00:23:06,873
And unless she's a damn
good actress,
601
00:23:06,873 --> 00:23:08,475
she was completely
in love with Eddie,
602
00:23:08,475 --> 00:23:09,743
and was afraid of losing him.
603
00:23:09,743 --> 00:23:11,039
So she kills Eddie's brother?
604
00:23:11,039 --> 00:23:12,746
True love doesn't
mitigate murder.
605
00:23:12,746 --> 00:23:14,044
I don't think
she's a violent person.
606
00:23:14,044 --> 00:23:15,682
That's fine.
607
00:23:15,682 --> 00:23:18,035
Prove it.
608
00:23:19,035 --> 00:23:20,042
MAN:
Charlie was 16
609
00:23:20,042 --> 00:23:23,423
when he started
growing breasts.
610
00:23:23,423 --> 00:23:24,891
Stole the hormones
611
00:23:24,891 --> 00:23:27,038
his mother was taking
for menopause.
612
00:23:27,038 --> 00:23:28,395
We couldn't take it anymore.
613
00:23:28,395 --> 00:23:29,563
Is that when she left?
614
00:23:29,563 --> 00:23:30,730
We threwhim out.
615
00:23:30,730 --> 00:23:32,399
You think we're cruel,
Detective,
616
00:23:32,399 --> 00:23:33,934
but we'd already
lost our son.
617
00:23:33,934 --> 00:23:35,769
There was nothing else
we could do.
618
00:23:35,769 --> 00:23:36,903
What about therapy?
619
00:23:36,903 --> 00:23:38,042
Charlie refused to go.
620
00:23:38,042 --> 00:23:40,740
He insisted that inside
he felt like a woman
621
00:23:40,740 --> 00:23:42,876
and nothing was going
to change that.
622
00:23:42,876 --> 00:23:45,035
God doesn't make mistakes.
623
00:23:45,035 --> 00:23:46,580
We got two younger sons
and a daughter.
624
00:23:46,580 --> 00:23:47,581
Now how could we explain
625
00:23:47,581 --> 00:23:49,349
Charlie waxing his legs
and wearing makeup?
626
00:23:49,349 --> 00:23:50,517
Mom?
627
00:23:50,517 --> 00:23:51,918
Sarah, honey, go to the kitchen.
628
00:23:51,918 --> 00:23:53,038
We'll be done soon.
629
00:23:53,038 --> 00:23:55,040
Okay.
630
00:23:57,624 --> 00:24:00,427
How did Cheryl
get along with
her siblings?
631
00:24:00,427 --> 00:24:02,429
They stopped hanging around
with him because...
632
00:24:02,429 --> 00:24:03,930
they were getting teased
at school.
633
00:24:03,930 --> 00:24:05,043
Oh, how did Cheryl
do in school?
634
00:24:05,043 --> 00:24:06,666
Did she have
any fights or...?
635
00:24:06,666 --> 00:24:08,435
Charlie!
636
00:24:08,435 --> 00:24:10,470
His name is Charlie.
637
00:24:13,035 --> 00:24:15,038
Was he ever
violent, Mr. Avery?
638
00:24:17,039 --> 00:24:19,039
He beat a kid
with a baseball bat,
639
00:24:19,039 --> 00:24:21,040
put him in the hospital.
640
00:24:21,040 --> 00:24:23,350
That violent enough?
641
00:24:29,889 --> 00:24:32,040
Detective?
642
00:24:32,040 --> 00:24:34,728
Sarah, right?
643
00:24:40,734 --> 00:24:42,736
My parents
are wrong.
644
00:24:45,705 --> 00:24:47,941
You still talk to Cheryl?
645
00:24:47,941 --> 00:24:50,677
Yes, but if my parents knew,
they'd kick me out, too.
646
00:24:50,677 --> 00:24:52,779
Your parents said
647
00:24:52,779 --> 00:24:55,448
that Cheryl once beat somebody
with a baseball bat.
648
00:24:55,448 --> 00:24:57,550
She cut through the field
one day after school.
649
00:24:57,550 --> 00:24:59,419
The baseball team saw her
and chased her.
650
00:24:59,419 --> 00:25:00,587
She had to grab a bat
651
00:25:00,587 --> 00:25:01,788
to defend herself.
652
00:25:01,788 --> 00:25:03,723
This kind of thing happen a lot?
All the time.
653
00:25:03,723 --> 00:25:06,660
I mean, kids made fun of her
like she was a big joke.
654
00:25:06,660 --> 00:25:08,035
Anybody ever hurt her
physically?
655
00:25:08,035 --> 00:25:09,042
They beat the
hell out of her
656
00:25:09,042 --> 00:25:10,042
whenever they could.
657
00:25:10,042 --> 00:25:11,431
I mean, she had to go
658
00:25:11,431 --> 00:25:13,039
to the hospital three times
for stitches.
659
00:25:13,039 --> 00:25:14,968
I don't care what anybody says.
660
00:25:14,968 --> 00:25:16,803
She's the bravest person I know.
661
00:25:16,803 --> 00:25:19,040
BENSON:
I talked to her teachers.
662
00:25:19,040 --> 00:25:20,874
The sympathetic ones suggested
663
00:25:20,874 --> 00:25:22,676
that she transfer
to Harvey Milk,
664
00:25:22,676 --> 00:25:26,036
an alternative public school
for gay and transgendered kids.
665
00:25:26,036 --> 00:25:27,041
So why didn't she go?
666
00:25:27,041 --> 00:25:28,815
Because her parents
wouldn't let her.
667
00:25:28,815 --> 00:25:30,037
Where are you
going with this?
668
00:25:30,037 --> 00:25:31,042
All I need to know
669
00:25:31,042 --> 00:25:33,037
is whether or not
Cheryl's been violent.
670
00:25:33,037 --> 00:25:35,488
Only in self-defense.
671
00:25:35,488 --> 00:25:38,038
One time, two
boys held her up
against a wall
672
00:25:38,038 --> 00:25:39,659
and pulled her
pants down.
673
00:25:39,659 --> 00:25:41,895
Alex, this girl has
been through hell.
674
00:25:41,895 --> 00:25:44,364
I know she's been a victim,
and I know she's suffered,
675
00:25:44,364 --> 00:25:47,035
but that doesn't give Cheryl
the right to kill Joe Capilla
676
00:25:47,035 --> 00:25:48,468
for threatening to expose her.
677
00:25:48,468 --> 00:25:49,869
Then at least
offer her a plea.
678
00:25:49,869 --> 00:25:52,042
Not until I know her intent.
679
00:25:53,406 --> 00:25:55,508
If Berger will agree
to a psych evaluation,
680
00:25:55,508 --> 00:25:57,377
I'll have Huang talk to Cheryl.
681
00:25:57,377 --> 00:25:59,043
CHERYL:
Yeah, when I was seven,
682
00:25:59,043 --> 00:26:02,040
I knew I was different.
683
00:26:02,040 --> 00:26:04,551
Every night I'd go to bed
dreaming about being a girl.
684
00:26:04,551 --> 00:26:06,786
Well, how did you handle that?
685
00:26:06,786 --> 00:26:09,856
Forced myself to be a boy.
686
00:26:09,856 --> 00:26:11,591
That must have been difficult.
687
00:26:11,591 --> 00:26:12,992
Yeah.
688
00:26:12,992 --> 00:26:14,044
I'd play with G.I. Joes
689
00:26:14,044 --> 00:26:16,044
when I wanted
to dress up Barbies.
690
00:26:17,044 --> 00:26:18,364
When was the first time
691
00:26:18,364 --> 00:26:19,799
that you tried
to become a woman?
692
00:26:19,799 --> 00:26:21,000
Can you remember?
693
00:26:21,000 --> 00:26:23,770
Yeah, I was ten.
694
00:26:23,770 --> 00:26:27,035
And my father caught me
putting on my mother's makeup.
695
00:26:27,035 --> 00:26:29,040
And what did he do?
696
00:26:29,040 --> 00:26:31,040
Well, he beat the crap
out of me,
697
00:26:31,040 --> 00:26:33,040
and he called me a pervert.
698
00:26:35,582 --> 00:26:40,042
Did that change
your feelings any?
699
00:26:40,042 --> 00:26:42,956
It's not something
you can change.
700
00:26:42,956 --> 00:26:45,558
I mean, it's-it's me.
701
00:26:45,558 --> 00:26:47,560
It's how I feel.
702
00:26:47,560 --> 00:26:49,829
And I can't be anything else.
703
00:26:49,829 --> 00:26:52,932
But I wanted to
be a whole woman.
704
00:26:52,932 --> 00:26:54,038
Sure.
705
00:26:54,038 --> 00:26:55,401
And I needed
706
00:26:55,401 --> 00:26:57,771
the surgery,
especially after I met Eddie.
707
00:26:57,771 --> 00:27:00,042
Eddie?
708
00:27:00,042 --> 00:27:02,042
Had you ever considered
telling him?
709
00:27:02,042 --> 00:27:04,944
No.
710
00:27:04,944 --> 00:27:07,847
I... I figured I'd lose him.
711
00:27:07,847 --> 00:27:09,883
I mean, Eddie was the...
712
00:27:09,883 --> 00:27:12,519
was the best thing
that ever happened to me.
713
00:27:12,519 --> 00:27:16,039
I mean, he was the first man
that loved me as a woman.
714
00:27:16,039 --> 00:27:18,035
And I figured
if I had the surgery,
715
00:27:18,035 --> 00:27:19,040
I wouldn't have
716
00:27:19,040 --> 00:27:20,760
to tell him.
717
00:27:20,760 --> 00:27:22,796
But Joe was going
to tell him, right?
718
00:27:22,796 --> 00:27:24,831
How did that make you feel?
719
00:27:24,831 --> 00:27:27,035
(sighs)
720
00:27:27,035 --> 00:27:29,769
I saw fists punching me like
all those other times before.
721
00:27:29,769 --> 00:27:32,739
HUANG:
Anytime Cheryl's been violent,
722
00:27:32,739 --> 00:27:34,474
it's been in response
to a perceived threat.
723
00:27:34,474 --> 00:27:36,709
Joe had stopped the attack
and was leaving the bathroom.
724
00:27:36,709 --> 00:27:37,777
The threat was over.
725
00:27:37,777 --> 00:27:38,778
Not in her mind.
726
00:27:38,778 --> 00:27:40,480
She feared what those
drunken partygoers
727
00:27:40,480 --> 00:27:42,044
would do to her
when she left
that bathroom.
728
00:27:42,044 --> 00:27:44,417
Boy, you'd make a great witness
for the defense.
729
00:27:44,417 --> 00:27:46,586
I'm just calling it
like I see it, Alex.
730
00:27:46,586 --> 00:27:48,721
I don't think she
intended to kill Joe.
731
00:27:48,721 --> 00:27:50,042
All right.
732
00:27:50,042 --> 00:27:53,041
If you're convinced,
I'll drop it to Man One.
733
00:27:55,829 --> 00:27:57,864
BERGER:
I told Cheryl about your offer.
734
00:27:57,864 --> 00:28:00,044
But she, uh...
she wants to go to trial.
735
00:28:00,044 --> 00:28:03,002
She does, or you do?
736
00:28:03,002 --> 00:28:05,939
Do you know
why I became a lawyer, Alex?
737
00:28:05,939 --> 00:28:09,035
Uh... to see your face on TV?
738
00:28:09,035 --> 00:28:11,911
To change society's
misconceptions
739
00:28:11,911 --> 00:28:13,713
about what's normal.
740
00:28:13,713 --> 00:28:16,035
I'm here for the underdog.
741
00:28:16,035 --> 00:28:17,043
You're here
742
00:28:17,043 --> 00:28:18,451
for yourself.
743
00:28:18,451 --> 00:28:19,786
No. I'm here
for a cause.
744
00:28:19,786 --> 00:28:20,987
Gender is not always binary.
745
00:28:20,987 --> 00:28:22,789
People are afraid
of what they don't know.
746
00:28:22,789 --> 00:28:24,038
Cheryl's case can change that.
747
00:28:24,038 --> 00:28:25,038
Are you so sure
748
00:28:25,038 --> 00:28:26,043
of this that you're willing
749
00:28:26,043 --> 00:28:27,044
to serve up your client
750
00:28:27,044 --> 00:28:28,361
as a sacrificial lamb?
751
00:28:28,361 --> 00:28:30,363
She could spend the rest
of her life in prison.
752
00:28:30,363 --> 00:28:31,698
Not after
this is tried
753
00:28:31,698 --> 00:28:33,766
in the court of public opinion.
754
00:28:33,766 --> 00:28:36,569
Joe Capilla sexually assaulted
Cheryl Avery
755
00:28:36,569 --> 00:28:38,404
and threatened to out her.
756
00:28:38,404 --> 00:28:40,773
She fought back
to save her life.
757
00:28:40,773 --> 00:28:43,036
She's not going to prison.
758
00:28:50,917 --> 00:28:52,919
Hello.
759
00:28:52,919 --> 00:28:54,554
CABOT:
Thanks for
meeting me.
760
00:28:54,554 --> 00:28:57,035
Well, I shouldn't be speaking
to you without my attorney.
761
00:28:57,035 --> 00:28:58,040
I shouldn't
be asking
762
00:28:58,040 --> 00:28:59,993
you to, but I'm very concerned
763
00:28:59,993 --> 00:29:02,562
about how Mr. Berger
is handling your case.
764
00:29:02,562 --> 00:29:04,364
You're the one
prosecuting me.
765
00:29:04,364 --> 00:29:06,699
Why would you care?
766
00:29:06,699 --> 00:29:09,736
Because I think
you're getting
bad advice.
767
00:29:09,736 --> 00:29:10,870
No, he's...
768
00:29:10,870 --> 00:29:13,439
No, he's the only one
who's been on my side.
769
00:29:13,439 --> 00:29:15,909
No. He knows
what I've been through.
770
00:29:15,909 --> 00:29:17,510
Then he should the first one
to tell you
771
00:29:17,510 --> 00:29:19,445
that your chances
of acquittal are slim to none.
772
00:29:19,445 --> 00:29:21,547
I was attacked and almost raped.
773
00:29:21,547 --> 00:29:22,916
Okay?
774
00:29:22,916 --> 00:29:24,684
He says the jury
will take my side.
775
00:29:24,684 --> 00:29:25,852
I think a
jury is going
776
00:29:25,852 --> 00:29:27,044
to have some trouble
777
00:29:27,044 --> 00:29:31,035
separating the facts
of the case from who you are.
778
00:29:31,035 --> 00:29:32,859
Well, if you're so sure
I'm going to lose,
779
00:29:32,859 --> 00:29:33,893
then why are you here?
780
00:29:33,893 --> 00:29:35,695
Because I want
to know why
781
00:29:35,695 --> 00:29:38,035
you won't
take the deal.
782
00:29:38,035 --> 00:29:40,044
What deal?
783
00:29:42,535 --> 00:29:45,638
I told Berger I would plead down
to first degree manslaughter.
784
00:29:47,573 --> 00:29:49,776
He never told me.
785
00:29:52,038 --> 00:29:54,043
You had no right to speak
to my client without me.
786
00:29:54,043 --> 00:29:57,037
I'm taking this to Judge Larsen
and the disciplinary committee.
787
00:29:57,037 --> 00:29:58,418
Go ahead. They'll love the part
788
00:29:58,418 --> 00:30:00,520
where you ignored
your obligation to bring my deal
789
00:30:00,520 --> 00:30:02,035
to your client,
and then lied to me
790
00:30:02,035 --> 00:30:03,040
and told me you had.
791
00:30:03,040 --> 00:30:05,725
I've done hundreds of trials
and made new case law.
792
00:30:05,725 --> 00:30:07,727
I think I know
what's best for my client.
793
00:30:07,727 --> 00:30:09,963
Doesn't Cheryl have a right
to decide?
794
00:30:09,963 --> 00:30:11,038
Fine.
795
00:30:11,038 --> 00:30:13,038
Cheryl, I have your best
interests at heart.
796
00:30:13,038 --> 00:30:14,041
Go ahead, take the deal,
797
00:30:14,041 --> 00:30:16,043
and you go to prison
for at least five years.
798
00:30:16,043 --> 00:30:18,438
And if you don't take the deal,
and you get convicted,
799
00:30:18,438 --> 00:30:20,035
you'll go for a minimum
of 15 to life.
800
00:30:20,035 --> 00:30:21,374
Well, do you think
we'll lose?
801
00:30:21,374 --> 00:30:22,608
You're not
guilty, Cheryl.
802
00:30:22,608 --> 00:30:23,776
CABOT:
Answer her
question.
803
00:30:23,776 --> 00:30:25,038
Look, she's trying
to scare you.
804
00:30:25,038 --> 00:30:26,612
Yeah, there's a
chance you'll lose,
805
00:30:26,612 --> 00:30:28,514
but think of
everything you're
going to gain.
806
00:30:28,514 --> 00:30:31,351
He's trying to make you a martyr
for the cause.
807
00:30:33,419 --> 00:30:35,038
I'll take the deal.
808
00:30:35,038 --> 00:30:37,824
You're making
a big mistake.
809
00:30:45,807 --> 00:30:47,230
STABLER:
How'd it go in court?
810
00:30:47,230 --> 00:30:50,167
Cheryl pled out.
811
00:30:50,167 --> 00:30:52,169
You know that the only person
812
00:30:52,169 --> 00:30:54,237
that came to support her
was her sister.
813
00:30:54,237 --> 00:30:55,405
And you.
814
00:30:55,405 --> 00:30:57,625
Yeah, but
I'm not family.
815
00:30:57,625 --> 00:30:59,443
Excuse me.
816
00:30:59,443 --> 00:31:00,630
Detective Benson.
817
00:31:00,630 --> 00:31:02,112
Mr. Berger,
how can I help you?
818
00:31:02,112 --> 00:31:04,514
Cheryl wants to talk
to you about her plea.
819
00:31:04,514 --> 00:31:06,984
She needs to speak
to the ADA about that.
820
00:31:06,984 --> 00:31:08,632
My client's not a big fan
of Miss Cabot.
821
00:31:08,632 --> 00:31:10,087
Why not?
822
00:31:10,087 --> 00:31:11,555
Well, Cheryl feels
823
00:31:11,555 --> 00:31:13,023
she was tricked
into pleading out.
824
00:31:13,023 --> 00:31:14,634
Well, why does she want
to talk to me?
825
00:31:14,634 --> 00:31:17,027
She thinks
you'll understand
the situation.
826
00:31:17,027 --> 00:31:19,563
What situation?
827
00:31:19,563 --> 00:31:21,631
Her accommodations.
828
00:31:23,100 --> 00:31:26,303
CHERYL:
Look, you have to help me.
829
00:31:26,303 --> 00:31:27,504
I cannot stay here.
830
00:31:27,504 --> 00:31:29,106
Cheryl...
you pled guilty.
831
00:31:29,106 --> 00:31:31,074
You knew that you were going
to prison...
832
00:31:31,074 --> 00:31:33,944
I'm a woman, and they put me
in a cell with men.
833
00:31:35,946 --> 00:31:37,314
You didn't tell her?
834
00:31:37,314 --> 00:31:39,116
I told her to go to trial.
835
00:31:39,116 --> 00:31:40,630
Bull.
836
00:31:40,630 --> 00:31:42,519
You set her up
for your own career.
837
00:31:42,519 --> 00:31:44,488
What, the murder case
wasn't enough for you?
838
00:31:44,488 --> 00:31:45,989
The civil rights issue
is more pressing.
839
00:31:45,989 --> 00:31:47,090
You're going
to ride it
840
00:31:47,090 --> 00:31:48,633
all the way to the Supreme
Court, aren't you?
841
00:31:48,633 --> 00:31:49,633
Why not?
842
00:31:49,633 --> 00:31:51,395
This could be
a precedent-setting case.
843
00:31:51,395 --> 00:31:53,096
Yeah, not to mention
a juicy story.
844
00:31:53,096 --> 00:31:54,398
A woman in a man's prison?
845
00:31:54,398 --> 00:31:55,999
You'll have the media drooling.
846
00:32:01,634 --> 00:32:03,940
I'm sorry.
847
00:32:03,940 --> 00:32:05,142
Just help me.
848
00:32:05,142 --> 00:32:07,144
CABOT:
My hands are tied.
849
00:32:07,144 --> 00:32:08,945
I can't move Cheryl
to a woman's prison.
850
00:32:08,945 --> 00:32:10,580
Look, she was going
to have surgery.
851
00:32:10,580 --> 00:32:12,626
Unfortunately, she's still
anatomically male.
852
00:32:12,626 --> 00:32:14,584
New York State determines
a person's gender
853
00:32:14,584 --> 00:32:16,625
based on their genitals,
not their feelings.
854
00:32:16,625 --> 00:32:18,388
What, so you're not
going to do anything?
855
00:32:18,388 --> 00:32:19,489
There's nothing I can do.
856
00:32:19,489 --> 00:32:21,631
The law says she's not entitled
to special treatment,
857
00:32:21,631 --> 00:32:23,627
and I can't put a man
in a woman's prison.
858
00:32:23,627 --> 00:32:24,634
But Cheryl is not
859
00:32:24,634 --> 00:32:26,096
a man anymore.
860
00:32:26,096 --> 00:32:29,299
Legally, she still is.
861
00:32:29,299 --> 00:32:30,631
Look, Berger has to fight it out
862
00:32:30,631 --> 00:32:32,369
with the Department
of Corrections,
863
00:32:32,369 --> 00:32:33,632
and I have to make
an appearance.
864
00:32:33,632 --> 00:32:37,007
I will see what I can do.
865
00:32:39,476 --> 00:32:40,944
BERGER:
Cheryl Avery is a woman.
866
00:32:40,944 --> 00:32:43,013
State of New York
doesn't see it that way.
867
00:32:43,013 --> 00:32:45,549
The medical community
would side with
the defendant
868
00:32:45,549 --> 00:32:46,629
in the matter
of her gender.
869
00:32:46,629 --> 00:32:48,634
This hearing is not about
the politics of gender.
870
00:32:48,634 --> 00:32:50,287
It's about where to house him.
871
00:32:50,287 --> 00:32:53,190
It's extremely derogatory
to refer to my client
872
00:32:53,190 --> 00:32:54,491
using male pronouns.
873
00:32:54,491 --> 00:32:55,625
You have my sincere apology.
874
00:32:55,625 --> 00:32:57,194
But biologically,
your client is a man.
875
00:32:57,194 --> 00:32:59,633
My client will be
singled out for abuse
876
00:32:59,633 --> 00:33:01,198
in a male facility.
877
00:33:01,198 --> 00:33:02,626
What if she stops
taking hormones?
878
00:33:02,626 --> 00:33:04,034
Federal prison
guidelines state:
879
00:33:04,034 --> 00:33:07,337
"The pre-established hormone
levels of transsexuals
880
00:33:07,337 --> 00:33:08,628
must be maintained."
881
00:33:08,628 --> 00:33:09,973
When prescribed
by a physician.
882
00:33:09,973 --> 00:33:11,174
Your client was
self-medicating
883
00:33:11,174 --> 00:33:12,626
with a friend's
birth control pills.
884
00:33:12,626 --> 00:33:15,445
Look, I'd rather die
than stop hormone therapy.
885
00:33:15,445 --> 00:33:17,514
What about protective custody?
886
00:33:17,514 --> 00:33:18,548
23 hours a day
887
00:33:18,548 --> 00:33:20,632
without human contact.
888
00:33:20,632 --> 00:33:23,520
That's cruel and unusual.
889
00:33:23,520 --> 00:33:26,323
I'm generously giving
your client a choice.
890
00:33:26,323 --> 00:33:28,024
Either stop the hormones,
891
00:33:28,024 --> 00:33:31,294
or go into
protective custody.
892
00:33:31,294 --> 00:33:33,330
There's nothing else
you can do?
893
00:33:33,330 --> 00:33:38,468
The defendant has not yet been
sentenced, Your Honor.
894
00:33:40,270 --> 00:33:42,005
All right.
895
00:33:42,005 --> 00:33:44,625
Ask Judge Larsen to vacate
the guilty plea,
896
00:33:44,625 --> 00:33:47,978
take this to trial,
hope for an acquittal.
897
00:33:49,513 --> 00:33:51,632
(knocking)
898
00:33:51,632 --> 00:33:55,252
What's this I hear about you
wanting off the Avery case?
899
00:33:55,252 --> 00:33:57,954
I just don't think I'm
the right person to try it.
900
00:33:57,954 --> 00:33:59,628
That's not what I heard.
901
00:33:59,628 --> 00:34:03,630
You've made several impassioned
arguments on her behalf.
902
00:34:03,630 --> 00:34:06,629
Perhaps you'd like
to defend her instead.
903
00:34:06,629 --> 00:34:08,932
Well, she could use
better representation
904
00:34:08,932 --> 00:34:10,633
than that self-serving
snake Berger.
905
00:34:10,633 --> 00:34:11,935
Reptile though he may be,
906
00:34:11,935 --> 00:34:13,503
Morty Berger
is a damn good attorney.
907
00:34:13,503 --> 00:34:16,506
He deserves
a worthy adversary.
908
00:34:16,506 --> 00:34:18,041
I think I'm more sympathetic
to Cheryl
909
00:34:18,041 --> 00:34:19,209
than a prosecutor should be.
910
00:34:19,209 --> 00:34:20,410
A good ADA
has to think
911
00:34:20,410 --> 00:34:22,445
on both sides of the fence.
912
00:34:22,445 --> 00:34:25,627
Your empathy is a strength,
not a weakness.
913
00:34:25,627 --> 00:34:28,351
You know, if Cheryl
had been born a woman,
914
00:34:28,351 --> 00:34:31,154
a jury would have no problem
acquitting her.
915
00:34:31,154 --> 00:34:32,289
She killed a man.
916
00:34:32,289 --> 00:34:34,391
What do you care
what sex she is?
917
00:34:34,391 --> 00:34:35,632
Because that,
and not the evidence,
918
00:34:35,632 --> 00:34:37,194
is what's going to convict her.
919
00:34:37,194 --> 00:34:38,562
No, what's going
to convict her
920
00:34:38,562 --> 00:34:40,628
is a jury of her peers,
921
00:34:40,628 --> 00:34:44,067
not, uh, angels,
or divine ethical beings.
922
00:34:46,069 --> 00:34:48,939
I suppose it bothers me
more than it should.
923
00:34:48,939 --> 00:34:52,442
Well, I'll reassign the case
if you like,
924
00:34:52,442 --> 00:34:55,178
but you might want to consider,
925
00:34:55,178 --> 00:35:00,050
who's going to give Cheryl Avery
the fairest treatment:
926
00:35:00,050 --> 00:35:01,632
you or some other prosecutor
927
00:35:01,632 --> 00:35:03,632
who will put her gender
on trial?
928
00:35:07,490 --> 00:35:09,960
Gender identity dysphoria
929
00:35:09,960 --> 00:35:14,628
occurs when a woman feels
trapped in a man's body.
930
00:35:14,628 --> 00:35:17,628
These feelings are centered
in the hypothalamus gland
931
00:35:17,628 --> 00:35:20,537
in the brain, specifically,
the stria terminalis.
932
00:35:20,537 --> 00:35:22,626
Please describe
the exhibits, Doctor.
933
00:35:22,626 --> 00:35:26,626
The first photo is the stria
terminalis of a male brain.
934
00:35:26,626 --> 00:35:28,633
The second is that of a female.
935
00:35:28,633 --> 00:35:30,634
The stria terminalis
of the male brain
936
00:35:30,634 --> 00:35:32,626
is much larger
than the female's.
937
00:35:32,626 --> 00:35:34,625
The third appears
to be the same size
938
00:35:34,625 --> 00:35:36,586
as the female
stria terminalis.
939
00:35:36,586 --> 00:35:37,587
It is,
940
00:35:37,587 --> 00:35:39,990
but it is actually
the stria terminalis
941
00:35:39,990 --> 00:35:42,459
of a biological male
who is transsexual.
942
00:35:42,459 --> 00:35:44,060
Are you saying, Doctor,
943
00:35:44,060 --> 00:35:47,063
that despite being born
with male genitals,
944
00:35:47,063 --> 00:35:51,001
a portion of this man's brain
is identical to a woman's?
945
00:35:51,001 --> 00:35:52,068
Yes.
946
00:35:52,068 --> 00:35:55,572
And, in your
expert opinion,
947
00:35:55,572 --> 00:35:58,541
explain what this means
in Cheryl's case.
948
00:35:58,541 --> 00:36:01,628
Cheryl feels like a woman
because her brain
949
00:36:01,628 --> 00:36:03,625
is physiologically female.
950
00:36:03,625 --> 00:36:04,981
Thank you, Doctor.
951
00:36:09,386 --> 00:36:12,389
Uh, referring to the defense's
exhibit three,
952
00:36:12,389 --> 00:36:15,630
the stria terminalis
of a male-to-female transsexual.
953
00:36:15,630 --> 00:36:16,634
Is that a picture
954
00:36:16,634 --> 00:36:19,396
of the defendant's
brain?
955
00:36:19,396 --> 00:36:21,498
No, these are photographs
of cadaver brains.
956
00:36:21,498 --> 00:36:23,630
Why didn't you photograph
Cheryl Avery's brain?
957
00:36:23,630 --> 00:36:26,625
The stria terminalis is only
accessible post-mortem.
958
00:36:26,625 --> 00:36:27,632
So, as far
as you know,
959
00:36:27,632 --> 00:36:30,240
Cheryl's stria terminalis
is the size of a man's
960
00:36:30,240 --> 00:36:31,630
and she's not a transsexual?
961
00:36:31,630 --> 00:36:33,109
Object, Your Honor.
962
00:36:33,109 --> 00:36:35,632
Overruled. Answer
the question, Doctor.
963
00:36:35,632 --> 00:36:39,630
I can't respond
with certainty either way.
964
00:36:39,630 --> 00:36:43,320
Nothing further.
965
00:36:44,626 --> 00:36:46,589
Let's talk about the first time
966
00:36:46,589 --> 00:36:51,627
you were assaulted
for dressing as a woman.
967
00:36:51,627 --> 00:36:55,332
How old were you?
968
00:36:55,332 --> 00:36:57,267
And what happened?
969
00:36:57,267 --> 00:37:00,437
I was in my, um, my room,
970
00:37:00,437 --> 00:37:03,239
wearing my mom's
bra and skirt
971
00:37:03,239 --> 00:37:04,574
when my brother's
friend walked in.
972
00:37:04,574 --> 00:37:06,042
What did he do?
973
00:37:06,042 --> 00:37:07,110
He laughed.
974
00:37:07,110 --> 00:37:10,480
And he said he
would tell everyone.
975
00:37:10,480 --> 00:37:11,634
Did he?
976
00:37:11,634 --> 00:37:14,284
Yeah.
977
00:37:14,284 --> 00:37:17,087
Uh, in fact, the next day
at school,
978
00:37:17,087 --> 00:37:19,456
three boys came in the bathroom,
and they, uh,
979
00:37:19,456 --> 00:37:25,562
hit me, kicked me,
and, uh, spit on me.
980
00:37:25,562 --> 00:37:28,198
BERGER:
How many times
have you been assaulted?
981
00:37:28,198 --> 00:37:29,432
I had my nose broken,
982
00:37:29,432 --> 00:37:32,102
and my, uh, my
shoulder dislocated,
983
00:37:32,102 --> 00:37:34,938
and once someone set
fire to my hair.
984
00:37:34,938 --> 00:37:36,239
Cheryl...
985
00:37:36,239 --> 00:37:42,579
how have these repeated
attacks affected you?
986
00:37:42,579 --> 00:37:45,148
I was scared to
leave the house.
987
00:37:45,148 --> 00:37:49,419
But I, I had no choice
when my parents kicked me out.
988
00:37:49,419 --> 00:37:53,089
You know, and every time
someone looked at me,
989
00:37:53,089 --> 00:37:56,326
I wondered, are they
going to hurt me?
990
00:37:56,326 --> 00:37:58,028
Are they going to...
991
00:37:58,028 --> 00:38:02,198
is this going to be the time
that someone kills me?
992
00:38:02,198 --> 00:38:03,566
When Joe Capilla
993
00:38:03,566 --> 00:38:08,238
assaulted you, this is
what you were feeling.
994
00:38:08,238 --> 00:38:11,975
Yes.
995
00:38:11,975 --> 00:38:17,047
Your witness, Miss Cabot.
996
00:38:20,250 --> 00:38:24,626
So you thought your life
was in danger that night.
997
00:38:24,626 --> 00:38:25,629
Yes.
998
00:38:25,629 --> 00:38:29,926
Did anybody at the party
threaten you?
999
00:38:29,926 --> 00:38:32,631
No, no.
1000
00:38:32,631 --> 00:38:35,965
Did anyone make derogatory
remarks about transsexuals?
1001
00:38:35,965 --> 00:38:37,625
No, but why would they?
1002
00:38:37,625 --> 00:38:38,625
Nobody knew.
1003
00:38:38,625 --> 00:38:40,236
Had anyone
at the party
1004
00:38:40,236 --> 00:38:42,172
ever hurt you before?
1005
00:38:42,172 --> 00:38:46,142
No. The only people I
knew there were, um...
1006
00:38:46,142 --> 00:38:48,545
were Joe and Eddie.
1007
00:38:48,545 --> 00:38:51,414
How long had you
been dating Eddie?
1008
00:38:51,414 --> 00:38:54,317
(sniffles):
Two months.
1009
00:38:54,317 --> 00:38:56,519
Were you intimate?
1010
00:38:56,519 --> 00:39:01,626
Yeah, we, uh...
we kissed and fooled around,
1011
00:39:01,626 --> 00:39:04,194
but we never had sex.
1012
00:39:05,495 --> 00:39:07,626
Why not?
1013
00:39:07,626 --> 00:39:09,634
Because I didn't
want Eddie to know
1014
00:39:09,634 --> 00:39:11,631
I hadn't had my surgery yet.
1015
00:39:11,631 --> 00:39:13,536
So you deceived him.
1016
00:39:13,536 --> 00:39:14,628
I had to.
1017
00:39:14,628 --> 00:39:16,628
What do you think
Eddie would have done
1018
00:39:16,628 --> 00:39:20,176
if he'd found out
the truth?
1019
00:39:20,176 --> 00:39:21,627
I don't know.
1020
00:39:21,627 --> 00:39:23,012
Don't you?
1021
00:39:23,012 --> 00:39:24,414
You told Detective Benson
1022
00:39:24,414 --> 00:39:27,183
that you were afraid
Eddie was going to leave you.
1023
00:39:27,183 --> 00:39:28,518
In fact, Eddie
1024
00:39:28,518 --> 00:39:30,628
committed suicide
when he found out.
1025
00:39:30,628 --> 00:39:32,489
And I blame myself for that.
1026
00:39:32,489 --> 00:39:34,631
Do you blame yourself
for Joe's death?
1027
00:39:36,625 --> 00:39:38,528
I was protecting myself.
1028
00:39:38,528 --> 00:39:42,098
All I wanted to do was
hit him over the head.
1029
00:39:42,098 --> 00:39:43,626
If you hadn't killed him,
1030
00:39:43,626 --> 00:39:47,103
he would have told everyone
your secret when he came to.
1031
00:39:47,103 --> 00:39:49,305
Well, I wasn't thinking
that far ahead.
1032
00:39:49,305 --> 00:39:50,629
Weren't you?
1033
00:39:50,629 --> 00:39:53,076
Joe was going to tell Eddie,
1034
00:39:53,076 --> 00:39:55,178
and you couldn't
take that chance.
1035
00:39:55,178 --> 00:39:56,626
You were finally happy.
1036
00:39:56,626 --> 00:39:57,630
Eddie loved you.
1037
00:39:57,630 --> 00:39:59,626
Joe was going to ruin that.
1038
00:39:59,626 --> 00:40:03,987
He was going to ruin it, and I,
I couldn't let him do it.
1039
00:40:03,987 --> 00:40:08,024
I could not let him do it.
I had to stop him.
1040
00:40:10,560 --> 00:40:12,628
You did.
1041
00:40:12,628 --> 00:40:14,364
Nothing further.
1042
00:40:25,629 --> 00:40:27,277
Has the jury reached a verdict?
1043
00:40:27,277 --> 00:40:28,378
We have, Your Honor.
1044
00:40:28,378 --> 00:40:30,079
Will the defendant
please rise.
1045
00:40:33,634 --> 00:40:36,186
On the sole count of murder
in the second degree,
1046
00:40:36,186 --> 00:40:38,188
how does the jury find?
1047
00:40:38,188 --> 00:40:41,024
We find the defendant...
1048
00:40:41,024 --> 00:40:42,630
guilty.
1049
00:40:46,129 --> 00:40:47,130
Wait, please.
1050
00:40:47,130 --> 00:40:48,431
Please don't do this.
1051
00:40:48,431 --> 00:40:49,634
Please look, you can't
put me in that place!
1052
00:40:49,634 --> 00:40:51,630
Please.
1053
00:40:51,630 --> 00:40:53,503
Help me, please... somebody!
1054
00:40:53,503 --> 00:40:55,625
You can't put me in that place!
1055
00:41:01,945 --> 00:41:03,980
Hey. I'm heading out.
1056
00:41:03,980 --> 00:41:06,349
You want to grab
a drink?
1057
00:41:06,349 --> 00:41:09,634
Thank you, but, you know,
I'm just not in the mood.
1058
00:41:09,634 --> 00:41:13,489
Well, neither am I, but I don't
feel much like going home.
1059
00:41:15,358 --> 00:41:18,061
Do you think
I pushed Cheryl too hard?
1060
00:41:19,628 --> 00:41:22,298
You did your job.
1061
00:41:23,199 --> 00:41:25,935
Then why do I feel so lousy?
1062
00:41:28,627 --> 00:41:30,974
Because you look at Cheryl,
1063
00:41:30,974 --> 00:41:33,943
and you can't imagine
what it's like
1064
00:41:33,943 --> 00:41:37,313
to feel that your own body
is a mistake.
1065
00:41:38,481 --> 00:41:40,631
(cell phone rings)
1066
00:41:42,218 --> 00:41:44,187
Benson.
1067
00:41:44,187 --> 00:41:46,956
We'll be right there.
1068
00:41:46,956 --> 00:41:48,057
What's up?
1069
00:41:48,057 --> 00:41:49,559
I got to go to Bellevue.
1070
00:41:49,559 --> 00:41:51,027
You should come with me.
1071
00:41:56,432 --> 00:41:58,630
Special Victims Unit.
Called about a rape victim?
1072
00:41:58,630 --> 00:42:00,570
They're taking him
up to surgery now.
1073
00:42:03,239 --> 00:42:04,374
CABOT:
What happened?
1074
00:42:04,374 --> 00:42:07,625
Cheryl Avery was
gang-raped at Rikers.
75765
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