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In the criminal
justice system,
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sexually based offenses
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are considered
especially heinous.
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00:00:15,264 --> 00:00:17,648
In New York City,
the dedicated detectives
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00:00:17,733 --> 00:00:19,444
who investigate
these vicious felonies
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00:00:19,529 --> 00:00:20,937
are members of an elite squad
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known as the Special Victims Unit.
*LAW AND ORDER
SPECIAL VICTIMS UNIT*
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These are their stories.
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Ms. Palma,
you claimed my client
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groped you on the dance floor?
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Yes, I had to smack him away.
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With one hand,
because your other hand
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was holding
a vodka and soda?
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How many drinks in
were you at this party?
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00:00:39,488 --> 00:00:42,138
Objection, Valentina Palma
isn't on trial here.
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- Ian Hunter is.
- Testing my patience, Ms. Calhoun.
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Moving on.
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After my client groped you,
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00:00:48,566 --> 00:00:50,996
didn't you ask him
for a ride home?
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It was late.
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I-I didn't feel safe
taking the subway to the Bronx.
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And did Ian drive you home?
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Yes, but to his house,
not mine.
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To his parents' house
in West Hampton.
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Why didn't you tell him
to turn around?
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I fell asleep in the car.
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But you were awake enough
to enter his beach house
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- and have sex.
- It wasn't sex.
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- I said no.
- No to getting in his car?
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No to going in the house?
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Or no to having sex
with a young man
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you didn't realize
had raped you
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- until two months later?
- Objection, badgering.
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- Sustained.
Last time, Counselor.
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It was two months, wasn't it?
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- Yes, but I...
- Thank you.
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Nothing further.
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♪
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You've been there before.
You've got this, Liv.
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Captain says it's getting ugly.
She testifies next.
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Carisi should have
never let Suffolk County
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take the case first.
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Yeah, but he can try Ian
on forceable touching...
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In Manhattan, four years tops.
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It's 15 years for rape
in Suffolk County.
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If he's convicted.
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Preppy boy charged with raping
a South Bronx Latina
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in the snow white East End.
Calhoun's defending him.
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It makes me nervous.
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As we both know,
the fact that Valentina
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didn't disclose for two months
is not at all unusual.
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If that's true, why didn't
Manhattan take the case?
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Because the more serious
charges were here.
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Not because your DA knew
you had no real evidence?
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- Objection.
- Withdrawn.
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Thank you, Captain Benson.
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- Prosecution rests.
- Very well.
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- Defense ready to proceed?
- We are.
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But at this time, we move
for a trial order motion
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for dismissal.
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Prosecution failed
to make a case.
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No rape kit,
delayed police report...
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Thank you, Counselor.
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I'll consider your motion
during recess.
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- Is that motion bad?
- No, it's a routine move.
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Defense attorneys
do it at every trial.
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- It's a Hail Mary.
Rita Calhoun is worried.
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She knows that
if she puts Ian on the stand,
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the jury is gonna see
right through his smirk.
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Todo está bien, Valentina.
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So your friend Rita, huh?
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I think she grew another
dorsal fin during quarantine.
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Oh, it was always there.
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I think that
she just had it sharpened.
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Judge Gallagher
wants everybody in.
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In "he said, she said" cases,
almost by definition,
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there is reasonable doubt.
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Before this accusation,
this exemplary young man
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Ian Hunter,
had already been accepted
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to Vanderbilt Law School,
but you, Ms. Palma,
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disrespected your scholarship
to Tompkins Square University
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by binge drinking at a party.
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Then, after asking Mr. Hunter
for a ride home
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and willingly entering
his house,
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you waited two months to decide
you'd been raped.
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I have no way of knowing
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what actually happened
that night,
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but I do know
that I can't let this court
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cavalierly destroy
Mr. Hunter's future.
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00:03:45,074 --> 00:03:48,231
I've heard the evidence
presented by the prosecution,
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and I find it
legally insufficient
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to establish
the offense charge therein,
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therefore I am granting
the defense motion
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to dismiss the indictment.
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Thank you, Judge Gallagher.
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He can't do that, can he?
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He can try,
but it doesn't mean
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that he's gonna
get away with it.
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- We can appeal this.
This is not over, Valentina.
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♪
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I'm so sorry.
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Tough loss.
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I did have
home court advantage.
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What does that mean?
Gallagher,
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I just found out
he wasn't supposed
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to be assigned this trial.
He bird-dogged it.
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We were all a part
of his show trial
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to shore up his base.
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He just used you
to launch his political career.
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*LAW AND ORDER SVU*
Season 22 Episode 06
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Episode Title:
"The Long Arm of the Witness"
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Aired on:
January 21, 2021
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Today, I'm announcing
my candidancy
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for New York State
Attorney General.
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There's lawlessness
in the streets.
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Our suburbs, our way of life,
are under attack,
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and so are our sons.
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The Me Too pendulum
has swung too far.
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"Our sons"?
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Guess he doesn't care
about our daughters.
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Not even a little.
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All this guy cares about
is himself
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and his political career.
What is his pedigree?
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Hudson U undergrad,
Harvard Law,
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00:05:57,598 --> 00:05:59,362
eight years as
a Suffolk County ADA.
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He ever put his thumb
on the scale
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- when he was a prosecutor?
- Yeah, first year,
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00:06:02,847 --> 00:06:04,248
he had four high profile
rape convictions,
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all Black
and Latino defendants,
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00:06:06,457 --> 00:06:08,109
and then he declined
to prosecute
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00:06:08,193 --> 00:06:11,374
a white college male
in a "he said, she said."
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The old boy network
is strong out east.
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So is the corruption.
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Look who's spearheading
his campaign.
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- Not the Hunter family?
- Close enough.
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00:06:19,466 --> 00:06:22,715
Tom Burns,
Ian Hunter's maternal uncle.
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That guy was
at the trial every day.
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Look.
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The fix was in
before "all rise."
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00:06:29,957 --> 00:06:31,613
It's pretty much
what Calhoun told us.
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00:06:31,738 --> 00:06:33,613
She may have
overplayed her hand.
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I can appeal
Gallagher's decision,
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but Valentina doesn't want
to go through another trial,
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but if we can prove
quid pro quo,
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there's a good shot that
we get that decision reversed.
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00:06:41,313 --> 00:06:43,667
This may help...
Gallagher and Ian's uncle
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have known each other
for 30 years.
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They were in the same frat
at Hudson U.
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00:06:47,387 --> 00:06:49,426
At Hudson U in the '90s?
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00:06:50,215 --> 00:06:52,022
I may know someone
who went to school with them.
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00:06:52,106 --> 00:06:55,535
- Another country club buddy?
- Just the opposite.
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Captain, your reputation
precedes you.
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Oh, as does yours.
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Congratulations
on the promotion.
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Head of the Civil Rights Unit,
that's a big step up.
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Well, after the riots,
they needed someone...
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What did my boss say?
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"Who checked
every diversity box."
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So what brings SVU
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00:07:16,827 --> 00:07:18,266
to the people's republic
of Brooklyn?
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- The past.
We're looking at a judge.
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Charles Gallagher,
you two were undergrads
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at Hudson U together.
You remember him?
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- Chip Gallagher.
I wish I could un-remember him.
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I worked in the frat kitchen.
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He never bussed a tray once,
and now he's running for AG.
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Yeah, and to kickstart
his campaign,
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- he threw out a solid rape case.
- In Suffolk, I heard.
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00:07:39,154 --> 00:07:40,879
And it turns out
the defendant's uncle
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was Tom Burns,
another Hudson U alum.
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I know him too.
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Those two were
thick as thieves.
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So Burns donated
to his campaign.
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If we could prove
that it was a bribe...
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Tough case to make,
but I wouldn't be surprised.
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They've been covering up
for each other for years.
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Covering up what?
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I've probably
already said too much.
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Counselor...
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00:08:04,605 --> 00:08:07,699
if there's a reason
that Gallagher shouldn't be AG,
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00:08:07,989 --> 00:08:10,082
we need to get that out there.
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It was a long time ago...
Early '90s.
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Sweet, brilliant girl who was
so brutalized by Gallagher,
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she dropped out of Hudson.
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It's haunted me
because I didn't help her.
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00:08:24,941 --> 00:08:26,813
So you're saying
that he raped her.
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She told me he raped her
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while Tommy Burns
held her down.
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Did she report this?
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She did, but those days,
it got buried.
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Gallagher went on
to Harvard Law,
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- became a judge.
- And the victim?
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Not a week has gone
without my thinking
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about what Chip did to her.
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Nobody cared back then,
not even Isaiah Holmes.
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I don't blame him.
We were on scholarship.
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No match for that crowd.
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00:08:56,504 --> 00:08:58,543
Can you tell us
about Gallagher?
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00:08:59,485 --> 00:09:03,520
He invited me,
April from Sunset Park,
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00:09:03,605 --> 00:09:05,373
to a frat party
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00:09:05,676 --> 00:09:09,595
like he was interested in me,
but it was a setup.
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00:09:09,679 --> 00:09:14,285
- He assaulted you.
- One glass of punch.
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00:09:14,855 --> 00:09:17,574
Then I woke up with Gallagher
on top of me,
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00:09:18,078 --> 00:09:21,040
his wingman
Tommy Burns laughing,
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00:09:21,394 --> 00:09:22,782
holding me down.
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00:09:22,866 --> 00:09:24,305
What happened
when you reported it?
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00:09:24,389 --> 00:09:28,941
Campus cops interviewed me,
Chip, his frat brothers.
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00:09:29,277 --> 00:09:32,419
Then they basically told me I
shouldn't let one drunken night
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00:09:32,504 --> 00:09:34,418
define my college experience.
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00:09:34,661 --> 00:09:37,691
- Did you ever go to NYPD?
- No.
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00:09:38,582 --> 00:09:41,082
Those guys control
the narrative.
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00:09:42,043 --> 00:09:44,746
I realized I was never
gonna make it in their world.
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00:09:45,580 --> 00:09:47,153
Never even made it
to law school.
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00:09:47,363 --> 00:09:48,730
Ms. Kelly, look,
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00:09:49,152 --> 00:09:52,377
your case is past
the statute of limitations,
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00:09:52,793 --> 00:09:54,858
but often when one person
comes forward...
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00:09:54,942 --> 00:09:56,033
Not me.
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00:09:56,117 --> 00:09:58,644
I tried to fight Gallagher
30 years ago.
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00:09:59,004 --> 00:10:00,168
Lost.
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00:10:01,386 --> 00:10:03,629
And he's running for AG now?
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00:10:03,949 --> 00:10:05,527
If I go up against him,
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00:10:05,637 --> 00:10:08,621
his old boy network
will destroy me.
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00:10:11,349 --> 00:10:12,684
I have to go back to work.
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00:10:14,144 --> 00:10:15,095
So that's it?
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00:10:15,179 --> 00:10:16,923
Well, if she reported it
to Hudson,
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00:10:17,007 --> 00:10:18,359
there might be a record.
227
00:10:18,443 --> 00:10:19,904
Yeah, but didn't you
used to know the president?
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00:10:19,988 --> 00:10:22,059
Well, there's been
a revolving door lately,
229
00:10:22,143 --> 00:10:24,017
but Gallagher teaches there.
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00:10:24,101 --> 00:10:26,840
I should give the new president
the courtesy of a heads-up.
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00:10:30,268 --> 00:10:32,544
We're lucky to have a judge
of Gallagher's stature
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00:10:32,629 --> 00:10:34,070
teaching
constitutional law here.
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00:10:34,155 --> 00:10:35,637
We think the world of him.
234
00:10:38,916 --> 00:10:41,095
Well, it doesn't seem
like your students agree.
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00:10:41,249 --> 00:10:43,638
I can't say I entirely
disagree with them.
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00:10:43,723 --> 00:10:46,317
The ruling in the Suffolk case
was upsetting.
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00:10:46,402 --> 00:10:47,927
Frankly, I wish
the Manhattan DA
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00:10:48,012 --> 00:10:48,965
had prosecuted the case.
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00:10:49,050 --> 00:10:51,333
That was a decision
beyond my pay grade.
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00:10:51,418 --> 00:10:53,481
I imagine
there's a lot of those.
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00:10:53,894 --> 00:10:56,575
Anyway, if you're vetting him
for his AG run,
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00:10:56,660 --> 00:10:59,333
I can assure you
there have been no complaints
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00:10:59,418 --> 00:11:01,315
- about him here.
- As a professor.
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00:11:01,652 --> 00:11:04,669
And I realize this is
before your time here,
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00:11:04,754 --> 00:11:06,152
but do you know anything
246
00:11:06,262 --> 00:11:08,262
about his record
as an undergrad?
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00:11:09,059 --> 00:11:12,454
- You're fishing for something.
You want to give me a hint?
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00:11:14,891 --> 00:11:17,767
There may have been
a sexual misconduct claim
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00:11:18,113 --> 00:11:20,380
filed against him
when he was at Tau Omega.
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00:11:20,465 --> 00:11:21,745
This would have been
in the '90s.
251
00:11:21,855 --> 00:11:24,027
- Yes.
- I'll look into it.
252
00:11:24,112 --> 00:11:25,033
Thank you.
253
00:11:25,118 --> 00:11:26,833
But I doubt
we'll find anything,
254
00:11:26,918 --> 00:11:29,302
given his character
and, frankly,
255
00:11:29,387 --> 00:11:30,301
the way complaints
were handled back then...
256
00:11:30,385 --> 00:11:34,176
- I would appreciate any help.
- Of course.
257
00:11:38,382 --> 00:11:39,778
You get anything, captain?
258
00:11:39,863 --> 00:11:41,877
Well, President DuBois agreed
259
00:11:41,962 --> 00:11:44,315
to look into April's
accusations against the judge.
260
00:11:44,399 --> 00:11:46,106
- And you believe her?
- I don't know.
261
00:11:46,191 --> 00:11:47,231
I mean, she said
all the right things,
262
00:11:47,315 --> 00:11:49,494
but that's why they hired her.
263
00:11:49,578 --> 00:11:50,887
Ask Carisi for a warrant.
264
00:11:50,971 --> 00:11:52,934
I think that'll raise
a red flag.
265
00:11:55,932 --> 00:11:57,597
There might be a better way.
266
00:11:58,957 --> 00:12:01,669
Working campus police,
I got more bennies
267
00:12:01,754 --> 00:12:03,029
than even you guys.
268
00:12:03,113 --> 00:12:04,988
Three kids, free tuition.
269
00:12:05,191 --> 00:12:08,078
My third's a senior,
protesting that judge.
270
00:12:08,254 --> 00:12:10,123
Actually,
he's why we're here.
271
00:12:10,207 --> 00:12:11,559
Any chance you were
on the job
272
00:12:11,644 --> 00:12:13,213
back when Gallagher
was a undergrad?
273
00:12:13,297 --> 00:12:14,432
My first year.
274
00:12:14,652 --> 00:12:16,239
You know he was accused
of raping a girl
275
00:12:16,324 --> 00:12:17,591
your daughter's age?
276
00:12:17,676 --> 00:12:19,200
Listen, I can't talk
to you, man.
277
00:12:19,285 --> 00:12:20,615
You gotta go
through administration.
278
00:12:20,699 --> 00:12:22,048
You know how that goes.
279
00:12:22,132 --> 00:12:23,709
Any chance you got
any of your memo books
280
00:12:23,793 --> 00:12:25,082
from back in the day?
281
00:12:26,855 --> 00:12:28,958
The victim's name
was April Kelly.
282
00:12:29,043 --> 00:12:30,653
Sorry, I gotta go, Officer.
283
00:12:30,738 --> 00:12:32,580
I drive my daughter home
every day.
284
00:12:32,664 --> 00:12:35,493
You can never be too safe
with a college girl.
285
00:12:36,840 --> 00:12:38,668
I wish I could have
been more help, man.
286
00:12:39,738 --> 00:12:42,895
- Hey, if anything comes up.
- Hi, Dad.
287
00:12:43,113 --> 00:12:45,637
- Hey.
- Hello, Officer.
288
00:12:50,639 --> 00:12:52,296
Investigating
a decades old assault charge
289
00:12:52,380 --> 00:12:54,864
on Judge Gallagher
with a reluctant victim
290
00:12:54,948 --> 00:12:56,074
seems an overreach.
291
00:12:56,159 --> 00:12:57,388
He's running
for attorney general.
292
00:12:57,472 --> 00:12:59,372
His victim disclosed
to me at the time.
293
00:12:59,457 --> 00:13:02,393
- Chief, I spoke to her myself.
She's credible.
294
00:13:02,477 --> 00:13:04,047
And her case
is outside the statute.
295
00:13:04,131 --> 00:13:07,099
This guy is a predator
who protects other predators.
296
00:13:07,184 --> 00:13:09,269
If we keep digging,
we're gonna find more victims.
297
00:13:10,035 --> 00:13:12,099
Sorry, sir, I told him
you were in a meeting.
298
00:13:12,184 --> 00:13:13,825
- My fault, Chief.
It's important.
299
00:13:13,910 --> 00:13:17,121
- I'd appreciate a few minutes.
- Of course, Judge.
300
00:13:17,590 --> 00:13:19,366
It's okay, Celia.
301
00:13:19,785 --> 00:13:21,583
So these are my accusers?
302
00:13:21,668 --> 00:13:27,005
Captain, Counselor, and Isaiah.
Et tu, busboy?
303
00:13:27,090 --> 00:13:28,403
Been a long time, Chip.
304
00:13:28,488 --> 00:13:30,098
Counselor Holmes
and I go way back
305
00:13:30,199 --> 00:13:32,466
when he was slinging
fish sticks.
306
00:13:32,550 --> 00:13:33,859
He knows
I have nothing to hide.
307
00:13:33,943 --> 00:13:35,459
You have questions,
you should have come to me.
308
00:13:35,543 --> 00:13:36,646
Just due diligence,
Your Honor.
309
00:13:36,730 --> 00:13:38,021
This because you
just lost your case
310
00:13:38,105 --> 00:13:39,754
or because I'm running for AG?
311
00:13:39,871 --> 00:13:41,954
We have
a credible accusation.
312
00:13:42,038 --> 00:13:44,372
Credible or ginned up?
313
00:13:44,457 --> 00:13:46,520
In this environment,
any woman can say anything.
314
00:13:46,605 --> 00:13:48,059
If you have
political opponents,
315
00:13:48,144 --> 00:13:49,020
they'll run with it.
316
00:13:49,105 --> 00:13:52,878
Well, if that's the case,
then we'll find out.
317
00:13:53,168 --> 00:13:55,098
Before or after
you've achieved
318
00:13:55,182 --> 00:13:57,535
your true goal to tar me?
319
00:13:59,012 --> 00:14:00,754
That's not what
this is about, Judge.
320
00:14:00,846 --> 00:14:02,540
You're gonna sit there
and tell me these three
321
00:14:02,624 --> 00:14:04,324
aren't biased against me?
322
00:14:04,408 --> 00:14:05,676
You're a smart guy.
323
00:14:06,108 --> 00:14:09,027
Think you'd know a hanging jury
when you see one.
324
00:14:24,129 --> 00:14:25,394
Thanks for calling.
325
00:14:26,213 --> 00:14:29,207
- Wasn't my idea.
- Well, thank your daughter.
326
00:14:29,801 --> 00:14:32,231
Went through
some old boxes in my garage,
327
00:14:32,316 --> 00:14:35,661
found a bunch
of old memo books, but...
328
00:14:35,746 --> 00:14:37,575
I didn't get 'em from you.
329
00:14:37,762 --> 00:14:40,051
And his other two victims
I found,
330
00:14:40,269 --> 00:14:42,319
you didn't get those
from me either.
331
00:14:42,848 --> 00:14:44,340
Understood.
332
00:14:57,809 --> 00:15:00,206
So how did you guys
hear about my case?
333
00:15:00,290 --> 00:15:03,980
Hudson U just treated me
like I was toxic waste.
334
00:15:04,246 --> 00:15:07,965
Well, somebody who cared
came forward.
335
00:15:08,730 --> 00:15:10,270
Look, if you feel
uncomfortable at all,
336
00:15:10,355 --> 00:15:12,926
or if you don't remember
the details...
337
00:15:13,011 --> 00:15:15,191
Oh, I remember the details.
338
00:15:15,535 --> 00:15:18,223
Chip Gallagher assaulted me.
339
00:15:18,652 --> 00:15:20,196
So can you tell us
what happened?
340
00:15:20,280 --> 00:15:22,004
I passed out at a party,
341
00:15:22,333 --> 00:15:24,598
woke up with his thing
in my hand,
342
00:15:24,699 --> 00:15:26,340
and the whole room
was laughing.
343
00:15:26,425 --> 00:15:28,723
- Did you report Gallagher?
- The next day.
344
00:15:28,897 --> 00:15:31,559
They took statements
from everybody in the room,
345
00:15:31,987 --> 00:15:35,449
Chip's pals,
my so-called friends.
346
00:15:35,574 --> 00:15:38,300
They all backed Chip,
just like with April.
347
00:15:38,385 --> 00:15:40,259
So you knew about April.
348
00:15:40,343 --> 00:15:44,133
When April heard about it,
she reached out,
349
00:15:44,217 --> 00:15:46,293
told me what Gallagher
did to her.
350
00:15:46,378 --> 00:15:48,910
At least it made me feel
like I wasn't crazy.
351
00:15:50,935 --> 00:15:54,035
If we can make a case
against Gallagher,
352
00:15:54,836 --> 00:15:56,605
would you be willing
to testify?
353
00:15:56,690 --> 00:15:57,832
Isn't it too long ago?
354
00:15:57,917 --> 00:16:00,160
We wouldn't be able
to prosecute your case,
355
00:16:00,320 --> 00:16:03,160
but this is still
an open investigation,
356
00:16:03,573 --> 00:16:08,449
so his conduct with you would
certainly speak to pattern.
357
00:16:10,094 --> 00:16:11,894
If you say so.
358
00:16:12,591 --> 00:16:14,901
In my opinion,
guys like Gallagher,
359
00:16:15,204 --> 00:16:17,527
they've been
above the law for so long,
360
00:16:17,643 --> 00:16:19,590
nothing touches them.
361
00:16:23,212 --> 00:16:24,488
I was a freshman.
362
00:16:24,573 --> 00:16:27,527
I couldn't believe I was
invited to a Hamptons party.
363
00:16:27,628 --> 00:16:29,269
I had some drinks.
364
00:16:30,054 --> 00:16:33,855
I woke up on a boat naked
and alone with Chip Gallagher.
365
00:16:34,789 --> 00:16:36,315
I was scared.
366
00:16:36,644 --> 00:16:39,362
- I begged Chip to take us back.
- And what did he say?
367
00:16:39,446 --> 00:16:42,644
He said I had two choices...
Hump or jump.
368
00:16:43,043 --> 00:16:44,091
I'm so sorry.
369
00:16:44,190 --> 00:16:45,996
- I was a city kid.
I couldn't swim.
370
00:16:46,217 --> 00:16:47,786
At least it was over fast.
371
00:16:48,535 --> 00:16:50,286
Did you ever file
a police report?
372
00:16:50,370 --> 00:16:53,035
Hudson U said it was
a campus security matter.
373
00:16:53,372 --> 00:16:54,464
When you're on financial aid,
374
00:16:54,548 --> 00:16:55,670
you do what the school
tells you.
375
00:16:55,754 --> 00:16:57,364
So they told you
they'd look into it
376
00:16:57,449 --> 00:16:58,762
and not to go to the police.
377
00:16:59,074 --> 00:17:01,051
Would you be willing
to testify against him?
378
00:17:01,153 --> 00:17:02,777
I'm a court reporter.
379
00:17:02,880 --> 00:17:04,973
For the past 15 years,
I've taken the testimony
380
00:17:05,058 --> 00:17:08,499
of every skeeze, sleaze,
and scumbag they make.
381
00:17:08,651 --> 00:17:11,008
My dream...
Someone else typing
382
00:17:11,093 --> 00:17:13,225
while I testify
against Chip Gallagher.
383
00:17:15,716 --> 00:17:17,286
So April is still reluctant,
384
00:17:17,400 --> 00:17:19,884
but Francine is willing,
385
00:17:20,001 --> 00:17:23,492
and Carmen has already given
an interview to Buzzfeed
386
00:17:23,577 --> 00:17:25,234
about how she was
sexually assaulted
387
00:17:25,318 --> 00:17:27,262
by Gallagher as an undergrad.
388
00:17:27,395 --> 00:17:29,183
And we've got
campus police memo books
389
00:17:29,322 --> 00:17:30,891
- to back 'em up.
- Okay, it's a start.
390
00:17:30,975 --> 00:17:32,328
It goes to pattern,
but I still need a case
391
00:17:32,412 --> 00:17:33,355
within the statute.
392
00:17:33,440 --> 00:17:35,611
Also going to pattern,
Gallagher only chooses
393
00:17:35,696 --> 00:17:38,311
women from lower classes...
On scholarships, ethnic.
394
00:17:38,396 --> 00:17:40,395
So we look for more women
in his orbit
395
00:17:40,480 --> 00:17:42,425
- that fit that profile.
- Well, you better move fast.
396
00:17:42,509 --> 00:17:44,144
Gallagher's circling
the wagons.
397
00:17:46,512 --> 00:17:48,213
With us today
are ten lawyers
398
00:17:48,297 --> 00:17:50,259
who've been mentored
by Judge Gallagher
399
00:17:50,343 --> 00:17:53,863
as interns,
clerks, or students.
400
00:17:54,030 --> 00:17:56,123
Each of these women
has signed a statement
401
00:17:56,216 --> 00:17:59,848
attesting that the judge is
a man of impeccable character
402
00:18:00,183 --> 00:18:02,226
incapable of
the kind of behavior
403
00:18:02,311 --> 00:18:04,480
he has been
falsely accused of.
404
00:18:04,565 --> 00:18:06,879
Calhoun is defending
Gallagher now.
405
00:18:07,308 --> 00:18:09,512
- So there really is no bottom.
- Or shame.
406
00:18:09,597 --> 00:18:11,230
She just argued
a case in front of him.
407
00:18:11,315 --> 00:18:14,800
I pride myself on having
created opportunities
408
00:18:14,885 --> 00:18:17,246
for women
throughout my career.
409
00:18:17,418 --> 00:18:21,622
If I stand for anything,
it's for equity and fairness.
410
00:18:21,707 --> 00:18:25,551
I don't see
gender, race, or creed.
411
00:18:26,246 --> 00:18:28,079
All right, well,
he doesn't see class or color,
412
00:18:28,163 --> 00:18:29,385
but when I look
at that screen,
413
00:18:29,469 --> 00:18:31,489
all I see are white women
of privilege.
414
00:18:31,574 --> 00:18:32,941
So we know
he's not raping them.
415
00:18:33,026 --> 00:18:34,814
But these guys call in favors
416
00:18:34,899 --> 00:18:36,165
from women
they haven't assaulted.
417
00:18:36,249 --> 00:18:37,427
We've seen that move before.
418
00:18:37,512 --> 00:18:39,708
All right,
then we need to find the women
419
00:18:39,793 --> 00:18:41,418
that didn't
sign that statement.
420
00:18:45,398 --> 00:18:47,316
This was over ten years ago.
421
00:18:48,009 --> 00:18:50,201
I can guess why you're here,
and I can tell you right now
422
00:18:50,285 --> 00:18:51,537
I can't help you.
423
00:18:51,621 --> 00:18:53,769
You weren't a part of
Gallagher's press conference.
424
00:18:54,494 --> 00:18:56,270
I just made junior partner
at my firm.
425
00:18:56,355 --> 00:18:57,282
I didn't have the time.
426
00:18:57,366 --> 00:18:58,805
Maybe it's because Gallagher
427
00:18:58,889 --> 00:19:00,285
was less of a gentleman
with you.
428
00:19:00,660 --> 00:19:02,894
He was my professor,
my mentor.
429
00:19:02,979 --> 00:19:04,723
And you're saying
he wasn't hands on?
430
00:19:04,808 --> 00:19:06,934
I wouldn't be here today
earning high six figures
431
00:19:07,019 --> 00:19:08,162
without his referral.
432
00:19:08,246 --> 00:19:11,380
You should be very proud,
a girl from the Pink Houses.
433
00:19:12,780 --> 00:19:14,002
I am.
434
00:19:14,269 --> 00:19:15,707
I moved my moms
out of the projects
435
00:19:15,792 --> 00:19:17,606
in Brownsville
into a brownstone I now own.
436
00:19:17,691 --> 00:19:19,086
You're afraid
all that'll go away
437
00:19:19,170 --> 00:19:20,764
if you let people think
438
00:19:20,849 --> 00:19:22,677
that you slept
with your professor?
439
00:19:23,392 --> 00:19:25,397
I was talking
to your partner.
440
00:19:25,481 --> 00:19:29,442
He's my boss,
but maybe you and I have...
441
00:19:31,504 --> 00:19:33,615
More in common
than you think.
442
00:19:34,277 --> 00:19:36,108
I had to leave
my first job, my hometown,
443
00:19:36,193 --> 00:19:38,059
because of a guy
like Gallagher.
444
00:19:39,077 --> 00:19:41,771
Then you know
I didn't sleep with him.
445
00:19:42,099 --> 00:19:43,499
Yeah.
446
00:19:46,546 --> 00:19:47,985
He said
he needed an assistant
447
00:19:48,069 --> 00:19:49,802
on a fast track to clerk.
448
00:19:50,671 --> 00:19:53,021
Didn't matter that I was
one of his best students.
449
00:19:53,552 --> 00:19:54,947
I had a choice
450
00:19:55,209 --> 00:19:57,037
between failing his class
or acing it
451
00:19:57,121 --> 00:19:58,781
with a law school
recommendation and a clerkship
452
00:19:58,865 --> 00:20:00,460
- that led to this job...
- Maya, you don't need me
453
00:20:00,544 --> 00:20:01,927
to tell you that that's rape.
454
00:20:02,022 --> 00:20:03,317
Maybe rape three,
455
00:20:03,636 --> 00:20:05,481
but that's a tough case,
456
00:20:05,565 --> 00:20:07,724
and it might put
my partnership at risk.
457
00:20:08,992 --> 00:20:11,868
Maya, I can't tell you
what to do,
458
00:20:12,093 --> 00:20:14,141
but I've never known
a sister from Brownsville
459
00:20:14,225 --> 00:20:15,926
that would step away
from a fight
460
00:20:16,010 --> 00:20:18,403
when someone
had done her wrong.
461
00:20:23,234 --> 00:20:25,357
Two women
he went to college with
462
00:20:25,443 --> 00:20:27,503
and someone
who clerked for him
463
00:20:27,587 --> 00:20:30,099
are making
unsubstantiated accusations.
464
00:20:30,184 --> 00:20:33,663
This isn't an investigation.
It's a political inquisition.
465
00:20:33,748 --> 00:20:36,302
Rita, you can spin this
any way you want.
466
00:20:36,639 --> 00:20:39,716
We found these women.
They didn't come to us.
467
00:20:39,801 --> 00:20:41,937
And the DA's willing to go
to trial on this tomorrow.
468
00:20:42,142 --> 00:20:43,234
Correct me
if I'm wrong, Counselor.
469
00:20:43,318 --> 00:20:45,367
You went to Fordham Law
night school?
470
00:20:45,465 --> 00:20:49,099
- You've been a ADA for a year?
- Hold on, Your Honor.
471
00:20:49,534 --> 00:20:52,279
Neither of you like my client,
but let's face it.
472
00:20:52,364 --> 00:20:53,623
If you had a viable case,
473
00:20:53,724 --> 00:20:55,008
you'd have already
perp walked him,
474
00:20:55,092 --> 00:20:57,123
so why are we here?
475
00:20:57,693 --> 00:21:00,256
The DA's also willing
not to proceed
476
00:21:00,489 --> 00:21:03,060
if Judge Gallagher agrees
to drop out of the AG race.
477
00:21:03,144 --> 00:21:04,409
What the hell
are you talking about?
478
00:21:04,493 --> 00:21:06,237
He'd also have to resign
from the bench.
479
00:21:06,321 --> 00:21:07,576
Olivia...
480
00:21:08,169 --> 00:21:11,132
I have asked the judge to give
you the benefit of the doubt,
481
00:21:11,217 --> 00:21:14,179
but these overt ideological
and personal attacks
482
00:21:14,264 --> 00:21:15,451
are beyond the pale.
483
00:21:15,536 --> 00:21:18,716
Rita, this isn't personal,
and this is not political.
484
00:21:18,936 --> 00:21:21,507
Your client is a rapist.
485
00:21:21,592 --> 00:21:24,076
The only reason
that he's getting off
486
00:21:24,161 --> 00:21:25,818
on a complete walk
is because the DA
487
00:21:25,954 --> 00:21:27,203
doesn't want it to look
like he's interfering
488
00:21:27,287 --> 00:21:29,962
in a political race.
I'd take it, Counselor.
489
00:21:30,047 --> 00:21:33,314
- Respectfully pass.
Judge, let's go.
490
00:21:33,522 --> 00:21:34,570
You people in Manhattan
491
00:21:34,654 --> 00:21:36,441
really live in a bubble,
don't you?
492
00:21:36,525 --> 00:21:37,747
The world has changed.
493
00:21:37,831 --> 00:21:39,400
You have no idea
what you're dealing with.
494
00:21:39,484 --> 00:21:40,532
You know, if you keep this up,
495
00:21:40,616 --> 00:21:41,982
I'll see to it
you're disbarred.
496
00:21:42,067 --> 00:21:42,984
You get lucky,
497
00:21:43,069 --> 00:21:44,204
maybe the NYPD'll
take you back.
498
00:21:44,288 --> 00:21:46,032
You can do traffic stops
on Staten Island.
499
00:21:46,117 --> 00:21:48,037
- Your Honor, we're done here.
- Okay, all right.
500
00:21:48,349 --> 00:21:50,368
Something they
can't teach you at Fordham,
501
00:21:50,748 --> 00:21:52,588
how to belong.
502
00:21:52,672 --> 00:21:54,590
People on the eighth floor
who nod at you in the elevator,
503
00:21:54,674 --> 00:21:57,114
they can smell the flop sweat
and the garlic
504
00:21:57,198 --> 00:21:59,508
- coming off your cheap suit.
- Keep going, Judge.
505
00:21:59,592 --> 00:22:00,639
Yeah, what do you
want to hear, you dumb dago?
506
00:22:00,723 --> 00:22:02,119
- You want to go?
- Yeah, fine.
507
00:22:02,203 --> 00:22:03,468
- I'll take you out right here.
- Okay, that's enough.
508
00:22:03,552 --> 00:22:04,730
- That's enough.
- Or we can go right now.
509
00:22:04,814 --> 00:22:07,469
- Either way's fine for me.
- Carisi.
510
00:22:09,194 --> 00:22:10,724
No need.
511
00:22:10,809 --> 00:22:12,161
You're in
so far over your head,
512
00:22:12,246 --> 00:22:14,774
you don't even know
your career's dead and buried.
513
00:22:24,704 --> 00:22:27,552
- You okay?
- Fine.
514
00:22:28,024 --> 00:22:29,460
Screw him.
515
00:22:39,632 --> 00:22:41,941
- I'm sorry you had to listen to that.
- I'm not.
516
00:22:42,025 --> 00:22:43,983
It's always good to know what's
right there below the surface.
517
00:22:44,067 --> 00:22:45,767
He has so much ego.
518
00:22:45,998 --> 00:22:48,120
He thinks
that he's invulnerable.
519
00:22:48,205 --> 00:22:50,733
It hasn't even occurred to him
that he's risking prison time.
520
00:22:50,817 --> 00:22:51,834
Eh, to the contrary.
521
00:22:51,919 --> 00:22:53,691
He sees this as a way
to shore up his status
522
00:22:53,776 --> 00:22:56,083
as a victim
of cancel culture persecution.
523
00:22:58,259 --> 00:22:59,693
Charges are slanderous...
524
00:22:59,778 --> 00:23:02,392
Calhoun is beating that drum
as loud as she can.
525
00:23:02,477 --> 00:23:03,615
You have your work
cut out for you, Counselor.
526
00:23:03,699 --> 00:23:04,568
Good luck.
527
00:23:04,653 --> 00:23:07,354
My client has been
a respected and dedicated
528
00:23:07,439 --> 00:23:10,665
civil servant
for over 1/4 century.
529
00:23:10,750 --> 00:23:15,521
He has devoted his entire life
to upholding the Constitution
530
00:23:15,606 --> 00:23:16,610
and the rule of law.
531
00:23:16,695 --> 00:23:18,613
Isn't Carmen
your first witness?
532
00:23:18,854 --> 00:23:20,946
Ms. Benitez, you need
to wait with the court officer
533
00:23:21,031 --> 00:23:22,689
- until you testify.
- I won't be testifying.
534
00:23:22,773 --> 00:23:23,994
Wait, hold on, look,
535
00:23:24,241 --> 00:23:25,646
I know how stressful
this can be,
536
00:23:25,731 --> 00:23:26,802
but you were solid on...
537
00:23:26,990 --> 00:23:29,170
I just got a text
from my supervisor.
538
00:23:29,255 --> 00:23:30,974
He said if I testify,
no judge will take me
539
00:23:31,118 --> 00:23:32,775
as their court reporter.
I'm sorry.
540
00:23:32,859 --> 00:23:33,863
I have to work.
I have kids.
541
00:23:33,947 --> 00:23:34,841
Hold on, hold on,
542
00:23:34,926 --> 00:23:35,975
they're threatening
to blackball you.
543
00:23:36,059 --> 00:23:37,013
That is illegal.
They cannot do that.
544
00:23:37,098 --> 00:23:38,364
Like that's
ever stopped Gallagher.
545
00:23:38,448 --> 00:23:39,921
- We can call your supervisor.
- Please don't.
546
00:23:46,133 --> 00:23:49,095
All right, I'll just...
I just tell Francine
547
00:23:49,179 --> 00:23:50,967
that, after opening statements,
she's up first now.
548
00:23:51,051 --> 00:23:53,012
Carisi, don't you let
these bastards get to you.
549
00:23:53,212 --> 00:23:54,670
You got this.
550
00:24:00,912 --> 00:24:04,005
I was a freshman
at my first frat party.
551
00:24:04,271 --> 00:24:06,904
- I had too much to drink.
- And what happened?
552
00:24:07,154 --> 00:24:10,029
- I must have passed out.
- And when you came to?
553
00:24:10,310 --> 00:24:11,990
I was on the floor.
554
00:24:12,537 --> 00:24:14,998
Chip Gallagher
was kneeling over me,
555
00:24:15,083 --> 00:24:18,913
and he had put his erect penis
in my left hand.
556
00:24:20,105 --> 00:24:21,904
Was anyone else there?
557
00:24:22,691 --> 00:24:26,350
- His frat brothers watched.
I can still hear them laughing.
558
00:24:26,615 --> 00:24:28,744
Did you report this
to Hudson U?
559
00:24:28,828 --> 00:24:30,201
I did.
560
00:24:30,394 --> 00:24:31,747
They told me
not to go to the police
561
00:24:31,831 --> 00:24:33,928
and then they deemed it
unfounded.
562
00:24:34,013 --> 00:24:36,029
I ended up transferring out.
563
00:24:36,244 --> 00:24:39,218
I've replayed the humiliation
of that moment in my head
564
00:24:39,303 --> 00:24:41,362
for over 30 years.
565
00:24:42,691 --> 00:24:44,045
Thank you.
566
00:24:46,118 --> 00:24:50,557
Ms. Giamba,
you've been married twice.
567
00:24:52,025 --> 00:24:55,021
No, I'm sorry.
568
00:24:55,245 --> 00:24:56,920
Three times.
569
00:24:57,465 --> 00:25:01,951
I don't see a ring
on your left hand.
570
00:25:02,035 --> 00:25:03,343
No, that's because...
571
00:25:03,427 --> 00:25:05,084
Right, because you've been
divorced three times
572
00:25:05,168 --> 00:25:07,560
- and all for infidelity?
- Objection.
573
00:25:07,645 --> 00:25:09,084
Prosecution
is using this woman
574
00:25:09,169 --> 00:25:10,783
as a Molineux pattern witness.
575
00:25:10,982 --> 00:25:13,412
I'm merely showing a pattern
of deceit that this witness...
576
00:25:13,505 --> 00:25:14,185
Sustained.
577
00:25:14,270 --> 00:25:15,857
Cheated on three husbands
578
00:25:16,005 --> 00:25:17,749
she promised to be faithful to.
579
00:25:17,833 --> 00:25:20,560
Ms. Calhoun,
the objection is sustained.
580
00:25:20,645 --> 00:25:23,054
I don't see why the jury
should take her word
581
00:25:23,139 --> 00:25:24,625
against my client now.
582
00:25:24,709 --> 00:25:26,323
Jury will disregard.
583
00:25:26,678 --> 00:25:28,724
One more word, Ms. Calhoun,
584
00:25:28,931 --> 00:25:31,201
and I will hold you
in contempt.
585
00:25:32,791 --> 00:25:34,232
Nothing further.
586
00:25:39,855 --> 00:25:42,774
Ms. Bell, when you
first met the defendant,
587
00:25:42,858 --> 00:25:44,950
he wasn't just
a law school professor.
588
00:25:45,034 --> 00:25:48,068
- He was also a sitting judge.
- Yes.
589
00:25:48,529 --> 00:25:49,781
I looked up to him.
590
00:25:50,076 --> 00:25:51,967
He seemed to take
a special interest in me
591
00:25:52,052 --> 00:25:53,373
even though
I was on scholarship.
592
00:25:53,458 --> 00:25:55,028
And what changed
your relationship?
593
00:25:55,113 --> 00:25:57,638
I asked if I could use him
as a reference for a clerkship.
594
00:25:58,944 --> 00:26:00,818
He said he would be happy
to discuss my future
595
00:26:00,903 --> 00:26:02,865
if I met him
at his campus office one night.
596
00:26:02,971 --> 00:26:05,150
And what happened
in that meeting?
597
00:26:05,243 --> 00:26:07,727
He said he would be
open to helping me
598
00:26:07,849 --> 00:26:09,549
if I was open to helping him.
599
00:26:09,665 --> 00:26:11,193
What did you
take that to mean?
600
00:26:11,278 --> 00:26:14,414
He made it clear
that if I wanted good grades,
601
00:26:14,498 --> 00:26:18,810
a recommendation,
I had to, as he put it,
602
00:26:19,006 --> 00:26:20,646
"approach the bench."
603
00:26:21,505 --> 00:26:24,232
By that, he meant
service him sexually.
604
00:26:24,421 --> 00:26:25,435
And did you?
605
00:26:27,424 --> 00:26:30,724
Yes, the first time
that night.
606
00:26:31,244 --> 00:26:34,756
I subsequently
had "night court" with him...
607
00:26:35,270 --> 00:26:38,960
His phrase for oral sex...
Until the semester ended.
608
00:26:39,045 --> 00:26:40,849
Did he physically force you?
609
00:26:41,143 --> 00:26:45,237
No, but he made it clear that
if I didn't do what he wanted,
610
00:26:45,399 --> 00:26:46,882
he wouldn't just fail me.
611
00:26:47,342 --> 00:26:49,319
He'd see to it that I would
lose my scholarship
612
00:26:49,403 --> 00:26:50,795
and be expelled.
613
00:26:50,880 --> 00:26:53,931
One phone call
and my hopes of a law career
614
00:26:54,016 --> 00:26:55,847
would be dead and buried.
615
00:26:55,931 --> 00:26:59,326
Dead and buried.
616
00:27:00,463 --> 00:27:03,459
- Those were his exact words?
- Yes.
617
00:27:04,821 --> 00:27:07,261
I knew I would
never become a lawyer.
618
00:27:07,865 --> 00:27:09,631
Thank you, Ms. Bell.
619
00:27:09,716 --> 00:27:11,974
I know it wasn't easy
for you to be here today.
620
00:27:15,559 --> 00:27:19,740
As a lawyer, Ms. Bell,
I assume you know
621
00:27:19,824 --> 00:27:22,352
the penal code for prostitution
in New York State?
622
00:27:22,436 --> 00:27:24,354
Yes, and I know
where you're going,
623
00:27:24,438 --> 00:27:25,349
and this is not...
624
00:27:25,434 --> 00:27:27,312
Didn't you just testify
you exchanged sex
625
00:27:27,397 --> 00:27:29,533
- for monetary rewards?
- I was forced to.
626
00:27:29,617 --> 00:27:33,015
Do you have any proof...
Texts, emails, witnesses
627
00:27:33,099 --> 00:27:36,975
of your sex for success
arrangement
628
00:27:37,059 --> 00:27:38,631
with my client?
629
00:27:41,107 --> 00:27:42,520
No.
630
00:27:42,833 --> 00:27:45,186
- The judge was very careful.
- And you were very grateful?
631
00:27:45,295 --> 00:27:47,996
- Objection.
- I'll just prove my point.
632
00:27:48,081 --> 00:27:52,001
Would you please read aloud
633
00:27:52,428 --> 00:27:56,038
this email that you sent
to Judge Gallagher?
634
00:28:04,130 --> 00:28:07,803
"Chip, a note of thanks
for all you've done for me.
635
00:28:07,888 --> 00:28:09,414
"I began my clerkship today,
636
00:28:09,499 --> 00:28:11,881
and I never would have made it
here without your support."
637
00:28:12,174 --> 00:28:14,136
Does that sound
like the kind of note
638
00:28:14,221 --> 00:28:18,355
that a victim
sends to her rapist?
639
00:28:21,408 --> 00:28:23,456
I think a part of me
was trying to pretend
640
00:28:23,540 --> 00:28:25,412
that what he did to me
didn't happen.
641
00:28:27,022 --> 00:28:29,898
He had recommended me
for the clerkship, so I...
642
00:28:29,983 --> 00:28:33,076
And didn't you choose him
to swear you in as a lawyer?
643
00:28:33,161 --> 00:28:36,428
And didn't he
write a recommendation
644
00:28:36,513 --> 00:28:39,646
to the firm where you
are now a junior partner?
645
00:28:41,124 --> 00:28:42,260
Yes, but that doesn't mean...
646
00:28:42,344 --> 00:28:44,311
Your testimony seems to me
647
00:28:44,396 --> 00:28:47,977
like nothing more
than an ambitious young woman
648
00:28:48,115 --> 00:28:51,218
looking to hustle
some free Me Too publicity.
649
00:28:51,303 --> 00:28:53,131
- Objection.
- Withdrawn.
650
00:28:54,310 --> 00:28:55,412
No more questions.
651
00:28:56,443 --> 00:28:59,904
Ms. Bell,
can you in any way benefit
652
00:28:59,989 --> 00:29:01,515
from your testimony here today?
653
00:29:01,709 --> 00:29:05,904
No, not if it makes people
question how I got my job.
654
00:29:08,380 --> 00:29:10,131
I want to be fair.
655
00:29:10,678 --> 00:29:12,529
Gallagher did help me.
656
00:29:13,373 --> 00:29:15,303
That's why I didn't
come forward earlier.
657
00:29:15,462 --> 00:29:17,206
But he did assault you?
658
00:29:21,092 --> 00:29:22,140
Yes.
659
00:29:22,295 --> 00:29:23,764
- Nothing further.
Thank you.
660
00:29:37,918 --> 00:29:39,381
How are you holding up?
661
00:29:39,478 --> 00:29:40,959
Well, they were
both better at prep.
662
00:29:41,096 --> 00:29:42,796
Well, they see him
sitting at the table
663
00:29:42,880 --> 00:29:44,607
and they get intimidated
all over again.
664
00:29:44,692 --> 00:29:47,176
If I were on that jury,
sex for success
665
00:29:47,261 --> 00:29:50,136
versus inability consent,
I'd see reasonable doubt.
666
00:29:50,221 --> 00:29:51,980
I mean, this is textbook
"he said, she said."
667
00:29:52,064 --> 00:29:54,107
Gallagher's favorite phrase.
668
00:29:54,787 --> 00:29:56,085
April.
669
00:29:56,193 --> 00:29:58,748
There's no reasonable doubt
about what happened to me.
670
00:29:58,853 --> 00:29:59,944
It was rape.
671
00:30:00,123 --> 00:30:02,608
I saw his lawyer's
press conference
672
00:30:02,693 --> 00:30:05,384
calling the other victims
opportunists or crazy
673
00:30:05,468 --> 00:30:07,125
or liars.
674
00:30:07,279 --> 00:30:08,953
I don't want Gallagher
to get away
675
00:30:09,037 --> 00:30:12,562
with what he's done.
I'll testify.
676
00:30:15,178 --> 00:30:19,412
I woke up lying
on a cold bathroom floor.
677
00:30:19,830 --> 00:30:22,404
I was naked
from the waist down.
678
00:30:22,877 --> 00:30:26,101
Chip Gallagher
was on top of me.
679
00:30:26,185 --> 00:30:28,076
He was raping me
680
00:30:28,207 --> 00:30:30,408
while one of his brothers
held me down.
681
00:30:30,493 --> 00:30:32,672
- Did you go to the police?
- No.
682
00:30:32,756 --> 00:30:35,936
I reported it to Hudson U.
They said they would handle it.
683
00:30:36,020 --> 00:30:37,935
- And did they?
- No.
684
00:30:38,153 --> 00:30:39,549
After they investigated,
685
00:30:39,633 --> 00:30:41,787
they declared
the case unfounded.
686
00:30:43,241 --> 00:30:44,818
Thank you, Ms. Kelly.
687
00:30:45,073 --> 00:30:47,732
Ms. Kelly, why do you think
688
00:30:48,076 --> 00:30:52,997
Hudson believed this encounter
was consensual?
689
00:30:53,081 --> 00:30:54,053
I don't know.
690
00:30:54,138 --> 00:30:56,564
Was it because none of
the supposed witnesses to this
691
00:30:56,649 --> 00:30:58,915
- backed you up?
- They were his frat buddies.
692
00:30:59,000 --> 00:31:01,571
Didn't campus police
interview two of your friends
693
00:31:01,655 --> 00:31:03,703
who said they saw no rape?
694
00:31:03,787 --> 00:31:06,021
- They weren't in the bathroom.
- Okay.
695
00:31:07,175 --> 00:31:10,442
- You were drinking.
- Yes, I said that... one drink.
696
00:31:10,527 --> 00:31:14,498
And you don't remember how
you got on that bathroom floor?
697
00:31:14,583 --> 00:31:15,674
No.
698
00:31:15,759 --> 00:31:18,286
So isn't it possible
you don't remember
699
00:31:18,371 --> 00:31:21,073
initiating
the sexual encounter?
700
00:31:21,158 --> 00:31:22,873
- Objection.
- Overruled.
701
00:31:22,958 --> 00:31:24,876
- I didn't.
He raped me.
702
00:31:25,093 --> 00:31:26,740
But no rape kit,
no police report.
703
00:31:26,825 --> 00:31:29,309
Well, they told me
if I reported it to the police,
704
00:31:29,552 --> 00:31:31,079
it could jeopardize
my scholarship.
705
00:31:31,163 --> 00:31:34,082
And did you report this
to anyone?
706
00:31:34,217 --> 00:31:37,607
I told a classmate...
Isaiah Holmes.
707
00:31:37,691 --> 00:31:41,889
And did Mr. Holmes
do anything on your behalf?
708
00:31:41,974 --> 00:31:45,658
Did he report what you
supposedly told him?
709
00:31:45,742 --> 00:31:47,599
I did tell him!
710
00:31:48,005 --> 00:31:53,057
Chip Gallagher raped me.
He ruined my life.
711
00:31:53,141 --> 00:31:55,015
I was gonna be a lawyer.
712
00:31:55,099 --> 00:31:56,764
Were you?
713
00:31:57,091 --> 00:32:00,793
You failed out of Hudson.
This was 30 years ago.
714
00:32:01,060 --> 00:32:04,808
Isn't it possible
that you ruined your life
715
00:32:04,892 --> 00:32:06,147
all by yourself?
716
00:32:06,232 --> 00:32:07,941
Objection,
badgering the witness.
717
00:32:08,025 --> 00:32:09,264
Rephrase.
718
00:32:10,908 --> 00:32:13,131
You're unhappy with your life.
719
00:32:13,248 --> 00:32:15,514
Isn't it possible
you're looking
720
00:32:15,598 --> 00:32:18,213
- for someone else to blame?
- I can't do this!
721
00:32:18,297 --> 00:32:19,920
I can't.
722
00:32:20,081 --> 00:32:21,467
Your honor, request a recess.
723
00:32:21,552 --> 00:32:23,654
I'm not finished with my line
of questioning, Your Honor.
724
00:32:23,738 --> 00:32:25,724
I think the witness is.
725
00:32:38,882 --> 00:32:40,278
I tried to talk to April.
726
00:32:40,362 --> 00:32:41,888
She said she wished
I never brought any of this up.
727
00:32:41,972 --> 00:32:44,195
I was the one that came
to you in the first place.
728
00:32:44,279 --> 00:32:45,979
I thought I could
make things right,
729
00:32:46,107 --> 00:32:47,590
but I could not
help April today
730
00:32:47,674 --> 00:32:49,607
any more than I could
30 years ago.
731
00:32:50,418 --> 00:32:52,310
You could testify to that.
732
00:32:53,323 --> 00:32:55,272
I was in the courtroom
to be supportive of her.
733
00:32:55,357 --> 00:32:57,730
Calhoun will claim that taints
any testimony I give.
734
00:32:57,814 --> 00:32:59,863
She will, but let me
take it to the judge.
735
00:33:00,099 --> 00:33:02,257
You were an outcry witness.
That has to carry weight.
736
00:33:02,341 --> 00:33:04,623
And you think that'll make
any difference to the jury?
737
00:33:05,131 --> 00:33:07,514
It'll make a difference
to Gallagher.
738
00:33:12,671 --> 00:33:14,365
When did April Kelly
tell you
739
00:33:14,450 --> 00:33:17,021
that she had been raped
by Chip Gallagher?
740
00:33:17,269 --> 00:33:19,264
Your Honor, approach?
741
00:33:23,802 --> 00:33:25,938
Again, I object
to this witness.
742
00:33:26,037 --> 00:33:27,911
How do we know
Mr. Holmes' testimony
743
00:33:27,996 --> 00:33:29,262
hasn't been tailored to confirm
744
00:33:29,455 --> 00:33:32,243
what he heard
April Kelly claim on the stand?
745
00:33:32,327 --> 00:33:33,766
We went over this
in chambers, Your Honor.
746
00:33:33,850 --> 00:33:36,459
Ms. Calhoun, your objection
is on the record.
747
00:33:36,544 --> 00:33:39,115
You will have the opportunity
to cross-examine on that point,
748
00:33:39,221 --> 00:33:42,705
and, as I said,
I will remind the jury
749
00:33:42,829 --> 00:33:44,573
that when they evaluate
this testimony,
750
00:33:44,658 --> 00:33:47,925
they need to take Mr. Holmes'
earlier presence into account.
751
00:33:48,010 --> 00:33:50,029
Step back.
752
00:33:52,309 --> 00:33:54,685
You may proceed, Mr. Holmes.
753
00:33:55,533 --> 00:33:56,711
April told me the next day.
754
00:33:56,803 --> 00:34:00,318
She was distraught, broken,
I'd say.
755
00:34:00,403 --> 00:34:01,683
I knew she was
telling the truth.
756
00:34:01,822 --> 00:34:03,652
Was there another reason
that you believed her?
757
00:34:03,736 --> 00:34:05,784
Yes, that morning
while serving them
758
00:34:05,891 --> 00:34:07,809
in the frat dining hall,
I heard Chip bragging
759
00:34:07,894 --> 00:34:11,205
- about what he'd done to April.
- In front of you?
760
00:34:11,327 --> 00:34:12,766
I believe
they were accustomed
761
00:34:12,976 --> 00:34:14,067
to not noticing the help.
762
00:34:14,151 --> 00:34:16,156
And did you say anything
to Gallagher?
763
00:34:16,240 --> 00:34:18,333
- I tried to confront him.
- You tried?
764
00:34:18,417 --> 00:34:20,803
I was a confused kid
in college,
765
00:34:20,888 --> 00:34:23,380
unsure of my own racial
and sexual identity.
766
00:34:23,465 --> 00:34:24,826
- Objection.
Relevance?
767
00:34:24,911 --> 00:34:26,481
I'm getting to that,
Your Honor.
768
00:34:27,217 --> 00:34:30,953
What happened when you
confronted Mr. Gallagher?
769
00:34:31,038 --> 00:34:32,482
He just smirked.
770
00:34:32,980 --> 00:34:34,333
Then he said,
if I reported him,
771
00:34:34,418 --> 00:34:35,963
he would tell everyone I was
"not just a half-breed
772
00:34:36,047 --> 00:34:39,228
but a homo," and that
he knew the school trustees.
773
00:34:39,351 --> 00:34:41,670
He could kill my scholarship
in a phone call.
774
00:34:41,755 --> 00:34:43,107
Mm.
775
00:34:43,398 --> 00:34:47,607
And so you did not support
April's accusation?
776
00:34:48,785 --> 00:34:52,528
No, to my lasting shame.
777
00:34:53,977 --> 00:34:56,358
And even today,
is testifying
778
00:34:56,443 --> 00:34:58,373
against a sitting judge,
779
00:34:58,457 --> 00:35:00,331
a candidate
for state attorney general,
780
00:35:00,415 --> 00:35:03,421
a good career move for
an assistant district attorney?
781
00:35:03,505 --> 00:35:05,568
I wouldn't think so.
782
00:35:06,085 --> 00:35:08,514
So why are you
testifying today?
783
00:35:10,113 --> 00:35:12,597
I am trying to right
784
00:35:12,862 --> 00:35:16,740
the worst moral lapse
of my life...
785
00:35:16,997 --> 00:35:18,732
My silence.
786
00:35:21,218 --> 00:35:23,398
My failure to come forward
on April's behalf
787
00:35:23,559 --> 00:35:26,083
haunts me to this day.
788
00:35:39,780 --> 00:35:42,287
- Okay, Tommy, hold the fort.
This'll all be over soon.
789
00:35:45,110 --> 00:35:49,205
Isaiah,
looking a little pasty.
790
00:35:49,508 --> 00:35:51,817
Trying to get back at me
because I never tipped you
791
00:35:51,901 --> 00:35:53,349
for bussing my trays?
792
00:35:53,434 --> 00:35:54,960
At least
you're consistent, Chip.
793
00:35:55,045 --> 00:35:58,193
- Once an ass, always an ass.
- Said the bottom to the top.
794
00:35:58,422 --> 00:35:59,730
Excuse me?
795
00:35:59,815 --> 00:36:03,735
You know, 30 years ago,
a lot of guys didn't want
796
00:36:03,913 --> 00:36:06,484
even a closeted homo
touching their food,
797
00:36:06,568 --> 00:36:08,310
but I stood up for you.
798
00:36:08,527 --> 00:36:13,061
Now that you're a double token
sucking and jiving
799
00:36:13,146 --> 00:36:16,102
your way up the ladder,
this is how you repay me?
800
00:36:16,537 --> 00:36:18,412
Did you feel anything
801
00:36:18,497 --> 00:36:20,053
watching April
fall apart on the stand?
802
00:36:20,138 --> 00:36:21,491
She got what she wanted
that night.
803
00:36:21,575 --> 00:36:22,639
She wanted to be raped?
804
00:36:22,724 --> 00:36:24,164
It's a common
women's fantasy, Holmes,
805
00:36:24,248 --> 00:36:26,732
not that a faggot like you
would know what a woman wants.
806
00:36:27,077 --> 00:36:28,333
The NYPD
can't have witnesses...
807
00:36:28,418 --> 00:36:29,507
This is inadmissible
and illegal!
808
00:36:29,591 --> 00:36:30,595
Working undercover.
809
00:36:30,679 --> 00:36:33,206
Nobody at the NYPD
or my office
810
00:36:33,290 --> 00:36:34,860
asked Mr. Holmes to do this.
811
00:36:34,944 --> 00:36:36,775
How did you come
to record this?
812
00:36:37,037 --> 00:36:38,690
When Gallagher
came into the men's room,
813
00:36:38,774 --> 00:36:40,388
I sensed he was
going to threaten me,
814
00:36:40,472 --> 00:36:41,357
so I hit record.
815
00:36:41,442 --> 00:36:43,186
Permissible
under New York state law.
816
00:36:43,271 --> 00:36:47,191
This is out of context
men's room talk.
817
00:36:47,361 --> 00:36:48,699
You cannot allow it, Judge.
818
00:36:48,784 --> 00:36:52,240
Actually, I can and I will.
819
00:36:59,273 --> 00:37:00,799
Gallagher's taking a deal?
820
00:37:00,883 --> 00:37:02,497
He doesn't want that tape
to get out.
821
00:37:02,581 --> 00:37:04,673
He'll end his campaign
and plead to sexual misconduct.
822
00:37:04,757 --> 00:37:07,197
- How much time?
- A year under house arrest.
823
00:37:07,281 --> 00:37:09,155
Figures, judge gets off easy.
824
00:37:09,239 --> 00:37:10,599
It's not my call.
825
00:37:10,783 --> 00:37:12,222
The eighth floor
is very sensitive
826
00:37:12,307 --> 00:37:13,725
to being perceived
as using their power
827
00:37:13,809 --> 00:37:15,999
- to punish political rivals.
- Carisi, we get it.
828
00:37:16,084 --> 00:37:17,120
Your hands were tied.
829
00:37:17,204 --> 00:37:18,390
Yeah, we live
in divisive times.
830
00:37:18,474 --> 00:37:19,586
Gallagher has
a lot of supporters...
831
00:37:19,670 --> 00:37:22,168
Happy to see
a conspiracy against their hero.
832
00:37:22,252 --> 00:37:23,300
Hey, well,
at least he's off the bench
833
00:37:23,384 --> 00:37:25,433
and on ankle bracelet.
834
00:37:25,779 --> 00:37:27,606
About to close this out.
835
00:37:33,047 --> 00:37:35,639
Are you ready to allocute,
Judge Gallagher?
836
00:37:35,724 --> 00:37:36,994
I am.
837
00:37:37,964 --> 00:37:41,256
Today I plead guilty
to sexual misconduct.
838
00:37:41,341 --> 00:37:44,014
What I thought was consensual
I now understand
839
00:37:44,099 --> 00:37:47,454
was perceived as coercive
and hurtful actions.
840
00:37:47,539 --> 00:37:49,631
I understand there's a deal?
841
00:37:49,716 --> 00:37:50,937
We've agreed
to the DA's offer
842
00:37:51,022 --> 00:37:53,506
of one year to be served
under house arrest.
843
00:37:53,849 --> 00:37:56,725
Mr. Carisi, are you
comfortable with this?
844
00:37:56,809 --> 00:37:58,514
My office is satisfied,
Your Honor.
845
00:38:03,772 --> 00:38:06,464
Well, I'm not.
846
00:38:09,691 --> 00:38:12,741
Judge Gallagher,
you come from a good family,
847
00:38:12,825 --> 00:38:16,353
a fine home, and yet
despite all those advantages,
848
00:38:16,437 --> 00:38:20,876
upon achieving power,
you abused it habitually.
849
00:38:22,305 --> 00:38:24,864
So in the interest
of true justice
850
00:38:24,949 --> 00:38:26,580
for the women you've abused,
851
00:38:26,665 --> 00:38:30,410
I hereby order you to serve
your one year sentence
852
00:38:30,494 --> 00:38:32,269
- in a jail cell.
- What?
853
00:38:33,933 --> 00:38:35,590
- It's fine.
- You can't do that.
854
00:38:35,674 --> 00:38:38,082
- We had a deal!
- You did.
855
00:38:38,211 --> 00:38:41,682
And as you well understand,
the bench has inherent powers
856
00:38:41,767 --> 00:38:43,511
in these situations.
857
00:38:46,728 --> 00:38:50,871
The long arm of the law
can work both ways.
858
00:38:52,865 --> 00:38:54,488
You're remanded.
859
00:38:56,085 --> 00:38:58,152
Take Mr. Gallagher
into custody.
860
00:38:58,237 --> 00:38:59,589
- It's fine.
Don't worry.
861
00:38:59,674 --> 00:39:01,505
I will be in touch shortly.
862
00:39:16,889 --> 00:39:18,583
How long
till he's out on appeal?
863
00:39:18,668 --> 00:39:20,591
I don't care. It was
worth it to see the blood
864
00:39:20,675 --> 00:39:21,902
drain out of his face.
865
00:39:22,033 --> 00:39:24,152
He just got a taste
of his own medicine.
866
00:39:24,268 --> 00:39:25,636
Wouldn't have happened
without you, Counselor.
867
00:39:25,720 --> 00:39:27,020
You were brave
to get on the stand.
868
00:39:27,104 --> 00:39:28,597
- The women were.
I wasn't.
869
00:39:28,727 --> 00:39:30,819
What would have been brave...
If I'd taken a stand
870
00:39:30,903 --> 00:39:32,995
- 30 years ago.
- Take the win, Counselor.
871
00:39:33,079 --> 00:39:34,692
Listen, you feel
the need for penance,
872
00:39:34,776 --> 00:39:36,259
every case Gallagher
ever dismissed
873
00:39:36,343 --> 00:39:37,565
is now up for review.
874
00:39:37,649 --> 00:39:39,001
Sounds like we have
some digging to do.
875
00:39:39,085 --> 00:39:41,839
- Excuse me.
I'll try not to gloat.
876
00:39:47,659 --> 00:39:49,881
You all seem pleased
with yourselves.
877
00:39:49,965 --> 00:39:51,666
This was just the first round.
878
00:39:51,750 --> 00:39:53,425
You know what I
don't understand?
879
00:39:53,882 --> 00:39:56,433
Rita, what the hell were you
thinking defending him?
880
00:39:56,755 --> 00:39:59,324
Read the room, Olivia.
881
00:39:59,951 --> 00:40:02,478
The way the courts are packed,
Gallagher's side,
882
00:40:02,586 --> 00:40:06,681
these guys and women...
The next 30 years,
883
00:40:06,765 --> 00:40:09,261
every appeal all the way
to the Supreme Court.
884
00:40:09,435 --> 00:40:12,833
- The fix is in.
- That's why we keep fighting.
885
00:40:12,972 --> 00:40:15,409
Not if they won't
let you in the ring.
886
00:40:16,614 --> 00:40:20,099
Olivia, you keep staying
on the wrong side of this,
887
00:40:20,324 --> 00:40:23,678
you're gonna be marginalized
for the rest of your career.
888
00:40:24,058 --> 00:40:26,526
My advice...
889
00:40:28,831 --> 00:40:31,402
Lie back
and pretend you're enjoying it.
890
00:40:40,502 --> 00:40:43,257
Sync corrections by srjanapala
67804
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