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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:02,503 --> 00:00:05,598 Narrator: In the criminal justice system, the people are represented 2 00:00:05,639 --> 00:00:08,040 by two separate yet equally important groups... 3 00:00:08,075 --> 00:00:09,941 The police who investigate crime, 4 00:00:09,977 --> 00:00:12,947 and the district attorneys who prosecute the offenders. 5 00:00:12,980 --> 00:00:14,642 These are their stories. 6 00:00:18,185 --> 00:00:19,915 Paul! 7 00:00:19,953 --> 00:00:22,445 I had your office try you at home this morning. 8 00:00:22,489 --> 00:00:24,515 You're still asking for a severance. 9 00:00:24,558 --> 00:00:27,995 Yeah. Almost not, given the number of threats my client received this weekend. 10 00:00:28,028 --> 00:00:31,362 Diane, we prepped him for this. He wavers now, we're back where we started. 11 00:00:31,398 --> 00:00:34,027 He's a kid... just the sight of these two will freeze him. 12 00:00:34,067 --> 00:00:36,161 That's their right. To intimidate him? 13 00:00:36,203 --> 00:00:39,139 We requested separate transport vans. 14 00:00:39,172 --> 00:00:41,732 Hopefully this thing'll be short and sweet. 15 00:00:57,891 --> 00:01:01,589 Bailiff: Docket number 9357. 16 00:01:01,628 --> 00:01:05,258 Motion to sever defendant Ryan M. Cutrona 17 00:01:05,299 --> 00:01:07,530 from co-defendants 18 00:01:07,568 --> 00:01:12,268 Howard S. Metzler and Steven B. Hanauer. 19 00:01:12,306 --> 00:01:15,140 Why is there a motion to sever in a gang rape case now? 20 00:01:15,175 --> 00:01:18,111 Judge: I'd like to get this trial started, people. 21 00:01:18,145 --> 00:01:19,636 The more motions filed on this case, 22 00:01:19,680 --> 00:01:22,479 the more press attention it seems to get. 23 00:01:22,516 --> 00:01:26,112 Due to an overwhelming amount of evidence against his co-defendants... 24 00:01:26,153 --> 00:01:29,282 What evidence? He's lying. He's got nothing. 25 00:01:29,323 --> 00:01:32,054 He wants to save his own ass. 26 00:01:32,092 --> 00:01:34,891 Judge: Order! Don't be stupid, okay? Don't be dead. 27 00:01:34,928 --> 00:01:36,521 Order. 28 00:01:36,563 --> 00:01:38,031 We know what you did. 29 00:01:38,065 --> 00:01:39,658 Okay, you hear me, Ryan? Judge: Counsel! 30 00:01:39,700 --> 00:01:42,329 Judge: I'll have your client detained! 31 00:01:42,369 --> 00:01:44,429 Look at me! Do you hear me? 32 00:01:44,471 --> 00:01:46,406 Huh? You hear me?! 33 00:01:46,440 --> 00:01:49,308 I want you to know exactly...! 34 00:01:49,343 --> 00:01:50,811 Wait, Ryan, don't... 35 00:01:58,719 --> 00:02:00,312 Guard: Get down, get down! 36 00:02:02,055 --> 00:02:04,024 Face to the floor! Do it! 37 00:03:36,249 --> 00:03:38,214 Because I can't even get him to sit in a damn 38 00:03:38,238 --> 00:03:40,448 chair, much less listen to anything I have to say. 39 00:03:40,487 --> 00:03:42,527 A severance is not going to do your client much good 40 00:03:42,556 --> 00:03:44,582 if he's facing the exact same charges. 41 00:03:44,624 --> 00:03:47,526 Oh, for crying... The kid's terrified. 42 00:03:47,561 --> 00:03:50,690 I offered to lower the charges if he gave me pertinent information. 43 00:03:50,731 --> 00:03:52,495 Okay, so where do we stand? 44 00:03:52,532 --> 00:03:55,001 I can prosecute either way, with or without him, 45 00:03:55,035 --> 00:03:57,470 but I'd have to guess from what happened in court 46 00:03:57,504 --> 00:03:59,405 that he's got something of value. 47 00:03:59,439 --> 00:04:01,305 I'd rather have the truth than not. 48 00:04:01,341 --> 00:04:03,401 Yeah. So let's set it up. 49 00:04:03,443 --> 00:04:05,002 We'll take a run at him. 50 00:04:05,045 --> 00:04:07,981 Logan: Howard, how long did you follow her for? 51 00:04:08,014 --> 00:04:10,643 A couple blocks. 52 00:04:10,684 --> 00:04:13,153 Did anybody talk about it while you followed her? 53 00:04:14,621 --> 00:04:17,318 We really didn't think he'd go through with it. 54 00:04:17,357 --> 00:04:20,555 Why? Did you talk about it before? 55 00:04:20,594 --> 00:04:22,563 Yeah. 56 00:04:22,596 --> 00:04:24,531 Ryan said he wanted to. 57 00:04:24,564 --> 00:04:27,329 We just thought... we'd set him up, 58 00:04:27,367 --> 00:04:29,802 he'd back off, get scared. 59 00:04:29,836 --> 00:04:30,836 That's not true. 60 00:04:30,871 --> 00:04:32,863 Logan: Did you touch Ms. DeVries at all? 61 00:04:32,906 --> 00:04:34,670 Lawyer: We're clear on that issue, Detective. 62 00:04:34,708 --> 00:04:37,337 My client stated that he only watched. 63 00:04:39,513 --> 00:04:41,607 Logan: Did you want to touch her? 64 00:04:43,049 --> 00:04:45,348 Ryan's the one who got off. 65 00:04:49,189 --> 00:04:51,055 Hanauer's is worse. 66 00:04:51,091 --> 00:04:53,856 He says you begged him to help you do someone. 67 00:04:53,894 --> 00:04:56,728 Says they even had to stop you during the attack. 68 00:04:58,198 --> 00:04:59,996 I don't want to see it. 69 00:05:00,033 --> 00:05:01,763 It's just more lies. 70 00:05:01,802 --> 00:05:03,771 Why don't you fill us in? 71 00:05:07,040 --> 00:05:08,599 I can't. 72 00:05:08,642 --> 00:05:11,806 Ryan, whatever you're holding back must be damning enough to scare them. 73 00:05:11,845 --> 00:05:14,212 They're counting on your fear to protect themselves. 74 00:05:14,281 --> 00:05:16,807 I'll take a lie detector test... 75 00:05:16,850 --> 00:05:18,785 And prove that I didn't do anything. 76 00:05:18,819 --> 00:05:21,345 That's not enough for what your buddies are telling us. 77 00:05:21,388 --> 00:05:23,687 Ryan, you're accused of raping a woman. 78 00:05:27,527 --> 00:05:29,519 I'm 17. 79 00:05:31,531 --> 00:05:34,626 I don't have a record. You'll be tried as an adult. 80 00:05:34,668 --> 00:05:36,728 Any jury that sees those tapes 81 00:05:36,770 --> 00:05:39,968 will send you up for a lot more time than your buddies'll do. 82 00:05:47,581 --> 00:05:49,880 You know he didn't run point on this. 83 00:05:49,916 --> 00:05:51,714 I can't prosecute on instincts. 84 00:05:51,751 --> 00:05:53,720 She had bruises on her wrists and ankles. 85 00:05:53,753 --> 00:05:55,688 How many hands do you think my client has? 86 00:05:55,722 --> 00:05:57,953 Interesting defense. You plan to out-prosecute me? 87 00:05:57,991 --> 00:06:00,620 Where are you going to take this? 88 00:06:00,660 --> 00:06:03,323 I can only work with what I have on hand, 89 00:06:03,363 --> 00:06:05,229 and if your client plans to... 90 00:06:05,265 --> 00:06:08,861 martyr himself with a heavier sentence, that's not my problem. 91 00:06:08,902 --> 00:06:12,395 I'll go after the others as hard as I do your client. 92 00:06:12,439 --> 00:06:15,705 DNA tests on the semen samples are due in this afternoon. 93 00:06:15,742 --> 00:06:17,802 We'll talk with you then. 94 00:06:19,646 --> 00:06:23,447 Because it's a game to these kids, and I'm sure they were the driving force. 95 00:06:23,483 --> 00:06:26,749 The Cutrona kid's holding something... I have no idea what it is. 96 00:06:26,786 --> 00:06:29,255 Nothing out of the transcripts from the victim? 97 00:06:29,289 --> 00:06:31,656 Her recollection has been shaky at best. 98 00:06:31,691 --> 00:06:34,354 She's pretty much repressed the whole event. 99 00:06:36,496 --> 00:06:38,362 She's what, a reporter? 100 00:06:38,398 --> 00:06:41,425 Reporter? She does exploitive crap! 101 00:06:41,468 --> 00:06:43,903 All sizzle and no steak. 102 00:06:43,937 --> 00:06:45,803 Where is that coming from? 103 00:06:45,839 --> 00:06:48,206 I'm sorry, Adam, but I have to be honest. 104 00:06:48,241 --> 00:06:50,710 I want to put away the scum that raped her, 105 00:06:50,744 --> 00:06:54,579 but I don't have to embrace her journalism, her lifestyle, her attitudes. 106 00:06:54,614 --> 00:06:57,641 I don't like her and I don't think a jury'll like her either. 107 00:06:57,684 --> 00:07:00,176 Tough case without her on the stand. 108 00:07:00,220 --> 00:07:03,088 I wish that were my only concern. 109 00:07:03,123 --> 00:07:05,524 I feel like we're hitting baseballs in the dark. 110 00:07:05,558 --> 00:07:08,995 We've got enough with the tapes and maybe the circumstantial 111 00:07:09,029 --> 00:07:12,124 to put someone away... Probably the wrong kid. 112 00:07:12,165 --> 00:07:14,293 Which means that Metzler's and Hanauer's people 113 00:07:14,334 --> 00:07:16,428 will ask to be severed from the Cutrona kid 114 00:07:16,469 --> 00:07:17,767 because he'll take the fall, 115 00:07:17,804 --> 00:07:20,000 then they get suspended or greatly reduced. 116 00:07:20,040 --> 00:07:22,600 Or maybe nothing. 117 00:07:22,642 --> 00:07:24,873 No match on the semen sample. 118 00:07:24,911 --> 00:07:26,709 On any of them? 119 00:07:26,746 --> 00:07:30,012 That could solve our entire dilemma. We may be dead in the water. 120 00:07:30,050 --> 00:07:31,951 Possibly another assailant? 121 00:07:31,985 --> 00:07:33,817 Never mentioned by the others. 122 00:07:33,853 --> 00:07:37,949 She was foggy the first few days on the numbers, but since said it was three. 123 00:07:37,991 --> 00:07:41,291 What about a boyfriend? I'll check. 124 00:07:44,798 --> 00:07:46,699 Just a minute... 125 00:07:46,733 --> 00:07:49,567 Did she state whether there was penetration during the rape? 126 00:07:49,602 --> 00:07:51,332 She's repressed it. 127 00:07:51,371 --> 00:07:54,398 Rape kit findings at the hospital indicate there was. 128 00:07:54,441 --> 00:07:56,535 If there was no discharge during the rape, 129 00:07:56,576 --> 00:07:59,171 could be a boyfriend... Previous night, that morning. 130 00:07:59,212 --> 00:08:01,704 Well, find out. 131 00:08:01,748 --> 00:08:04,775 Either way, we're hurt without a DNA match. 132 00:08:07,153 --> 00:08:09,088 Logan: Paul! 133 00:08:09,122 --> 00:08:11,751 We're thinking of requisitioning you 134 00:08:11,791 --> 00:08:13,919 a flak jacket for your birthday. 135 00:08:13,960 --> 00:08:15,792 Yeah, it's all over the precinct. 136 00:08:15,829 --> 00:08:18,107 Last I heard he... what, single-handedly disarmed the kid? 137 00:08:18,131 --> 00:08:20,828 Crushed the gun with his bare hands. 138 00:08:29,309 --> 00:08:31,301 Monica DeVries have a boyfriend? 139 00:08:31,344 --> 00:08:33,142 Don't know. Why, are you in the market? 140 00:08:34,280 --> 00:08:35,680 How was she in the line-up? 141 00:08:37,384 --> 00:08:39,353 What do you mean? 142 00:08:39,386 --> 00:08:41,150 Her confidence. 143 00:08:41,187 --> 00:08:44,521 Not good, she wasn't clear. And the perps? 144 00:08:44,557 --> 00:08:46,924 The young kid was a giveaway, nervous. 145 00:08:46,960 --> 00:08:48,622 He'd never been in a line-up. 146 00:08:50,296 --> 00:08:52,197 Is this thing unraveling? 147 00:08:52,232 --> 00:08:55,862 There's no DNA match on the semen samples. 148 00:08:55,902 --> 00:08:58,770 Come on, that's crap! They bragged about it all over the neighborhood. 149 00:08:58,805 --> 00:09:00,273 We got their confession on tape! 150 00:09:00,306 --> 00:09:02,002 Conflicting. 151 00:09:02,042 --> 00:09:03,977 Yeah... 152 00:09:04,010 --> 00:09:05,911 still. 153 00:09:07,947 --> 00:09:10,678 So there's no match... that doesn't mean she wasn't raped. 154 00:09:12,952 --> 00:09:14,716 What are you gonna do? 155 00:09:16,122 --> 00:09:18,387 Hope she slept with someone before the attack. 156 00:09:23,463 --> 00:09:25,659 Four in the last half hour. 157 00:09:25,698 --> 00:09:28,065 Press thinks the case may be slipping away. 158 00:09:28,101 --> 00:09:30,246 How do you think they'd react if they sensed an opportunity 159 00:09:30,270 --> 00:09:32,364 to publicly fry one of their own? 160 00:09:32,405 --> 00:09:33,703 Meaning what? 161 00:09:35,341 --> 00:09:37,333 Advance copy of tomorrow's "Ledger." 162 00:09:40,947 --> 00:09:43,610 This backed up? They know she's got a record. 163 00:09:43,650 --> 00:09:46,882 A five-year-old bust. She was there to research a story. 164 00:09:46,920 --> 00:09:48,230 Can't we counter with a statement? 165 00:09:48,254 --> 00:09:51,656 Like what? "Everybody past fifth grade 166 00:09:51,691 --> 00:09:53,717 should understand relevance"? 167 00:09:53,760 --> 00:09:57,219 Reasonable doubt in the mind of a jury, the defense'll run with it. 168 00:09:58,965 --> 00:10:01,059 One drug arrest five years ago. 169 00:10:01,101 --> 00:10:04,697 It's like another lifetime. But now, because it's on page six, 170 00:10:04,737 --> 00:10:06,638 I can be raped without penalty. 171 00:10:06,673 --> 00:10:09,040 It's not a question of abstract application 172 00:10:09,075 --> 00:10:11,306 of the law, Ms. DeVries, it's perception. 173 00:10:11,344 --> 00:10:15,008 We're dealing with the collective minds and morals of a jury. 174 00:10:15,048 --> 00:10:17,449 Often, it's just a question of cause and effect. 175 00:10:17,484 --> 00:10:20,477 What was she doing down there? Why was she dressed like that? 176 00:10:20,520 --> 00:10:23,217 And what's her background? Jurors are not computers, 177 00:10:23,256 --> 00:10:25,521 these things do have an impact on them. 178 00:10:25,558 --> 00:10:27,823 Maybe they'd like to check between my toes 179 00:10:27,861 --> 00:10:30,023 for needle marks before they rule. 180 00:10:30,063 --> 00:10:32,157 I'll pass. 181 00:10:32,198 --> 00:10:34,429 I've already been bent over once. 182 00:10:41,040 --> 00:10:44,670 Unfortunately, we can no longer prosecute without you on the stand. 183 00:10:44,711 --> 00:10:48,910 You told me you had no problem with me being off the stand, 184 00:10:48,948 --> 00:10:51,247 that the drug arrest might cloud the issue. 185 00:10:51,284 --> 00:10:54,413 In a perfect world it would, but your friends in the fourth estate 186 00:10:54,454 --> 00:10:56,787 have taken that choice out of our hands. 187 00:10:56,823 --> 00:10:59,759 Plus... we didn't get a match on the DNA tests. 188 00:10:59,792 --> 00:11:01,784 What?! Do you have a boyfriend? 189 00:11:01,828 --> 00:11:04,195 Someone you might have slept with before the attack? 190 00:11:05,732 --> 00:11:08,759 What the hell does that matter? Does that mean I wasn't raped? 191 00:11:08,801 --> 00:11:10,997 The defense'll probably ask for a blood sample. 192 00:11:11,037 --> 00:11:14,201 From every guy they think I might have had sex with? 193 00:11:14,240 --> 00:11:16,732 Monica, I don't want to diminish the rape, 194 00:11:16,776 --> 00:11:19,575 but you're a reporter, try processing the facts. 195 00:11:19,612 --> 00:11:22,776 If it's the system you abhor, make the decision. 196 00:11:22,815 --> 00:11:26,513 Do you want these people who violated you to walk uncontested? 197 00:11:28,454 --> 00:11:30,616 No one in this room has the ability 198 00:11:30,657 --> 00:11:32,853 to redesign the entire railroad. 199 00:11:32,892 --> 00:11:36,090 So I should just lash myself to the front of the train? 200 00:11:36,129 --> 00:11:38,621 Make my peers really happy. 201 00:11:38,665 --> 00:11:40,964 Give them a lot to write about. 202 00:11:42,135 --> 00:11:43,569 You think this is enough newsprint 203 00:11:43,603 --> 00:11:46,539 dedicated to one rape investigation? 204 00:11:46,573 --> 00:11:49,304 Everything but my name... How polite of them. 205 00:11:49,342 --> 00:11:51,902 There's enough newsprint that if you don't testify, 206 00:11:51,945 --> 00:11:54,642 you're sending a dangerous message to the women of this city... 207 00:11:54,681 --> 00:11:58,675 That a rape victim's chances for justice are so slim, 208 00:11:58,718 --> 00:12:00,846 she might as well not even press charges. 209 00:12:03,323 --> 00:12:06,316 You are a public figure. People do watch what you do. 210 00:12:07,694 --> 00:12:09,560 It's difficult for any woman. 211 00:12:09,596 --> 00:12:12,691 I'd be lying to myself if I thought it was easier for you. 212 00:12:15,134 --> 00:12:17,660 Testifying might be the only way to counter this. 213 00:12:25,645 --> 00:12:27,671 "The Post," "The Times," 214 00:12:27,714 --> 00:12:29,342 everything to "Vanity Fair." 215 00:12:29,382 --> 00:12:31,977 She's right... Everybody's taken a shot. 216 00:12:32,018 --> 00:12:34,214 She's not named, but she's well-known enough 217 00:12:34,254 --> 00:12:36,621 so the description does just as much damage. 218 00:12:38,558 --> 00:12:40,618 Who provided the most coverage? 219 00:12:40,660 --> 00:12:42,185 "Post." 220 00:12:42,228 --> 00:12:43,992 You know anyone over there? 221 00:12:44,030 --> 00:12:46,124 One or two people, why? 222 00:12:46,165 --> 00:12:48,794 We need as much background on her as possible. 223 00:12:48,835 --> 00:12:50,997 You think she's still using? 224 00:12:52,505 --> 00:12:55,942 If she is, I'd like to know before the rest of the world does. 225 00:12:57,543 --> 00:12:59,307 Thank you. 226 00:13:00,546 --> 00:13:02,879 Lunch? Thanks a lot. 227 00:13:02,915 --> 00:13:05,043 Look, the bottom line is, 228 00:13:05,084 --> 00:13:07,519 nobody's gone too far. 229 00:13:07,553 --> 00:13:09,613 Every news source in town has practically ID'd her. 230 00:13:09,656 --> 00:13:11,386 No more than any other rape victim. 231 00:13:11,424 --> 00:13:13,689 "Well-known investigative reporter for local TV 232 00:13:13,726 --> 00:13:16,821 whose oft-criticized style of sensational and exploitive coverage..." 233 00:13:16,863 --> 00:13:19,958 Listen, man, she's a local minor celebrity, 234 00:13:19,999 --> 00:13:21,524 people want to follow the case. 235 00:13:21,567 --> 00:13:24,969 The need to read drives the press to print speculations like a drug habit? 236 00:13:25,004 --> 00:13:26,996 Can I put it this way? Nobody I know 237 00:13:27,040 --> 00:13:29,236 is afraid of a civil suit for libel. 238 00:13:29,275 --> 00:13:30,800 She says she's clean. 239 00:13:30,843 --> 00:13:33,745 Plus, I talked to her producers... They verified the assignment. 240 00:13:33,780 --> 00:13:35,942 Her producers? What are they going to say? 241 00:13:35,982 --> 00:13:38,747 She's a commodity, man. You think they're going to burn her? 242 00:13:38,785 --> 00:13:40,913 But her peers will? 243 00:13:40,953 --> 00:13:42,387 Her peers? 244 00:13:42,422 --> 00:13:44,687 Maybe her peers think she got what she deserved. 245 00:13:44,724 --> 00:13:48,252 Why? Because they think she was buying or because they think she's a bitch? 246 00:13:49,562 --> 00:13:53,226 Look, I'm not here to make any accusations, 247 00:13:53,266 --> 00:13:57,226 but if you listen to what the hallway rumors are, 248 00:13:57,270 --> 00:14:00,035 that's what she was down there for. 249 00:14:04,811 --> 00:14:07,406 Stone: How many assailants were there, Ms. DeVries? 250 00:14:07,447 --> 00:14:09,939 There were three. And did all three of these men 251 00:14:09,982 --> 00:14:12,679 attempt to engage in sexual acts with you on that day? 252 00:14:12,719 --> 00:14:14,847 I think so. You originally told police 253 00:14:14,887 --> 00:14:17,914 there may have been as many as five assailants, is that not true? 254 00:14:17,957 --> 00:14:21,223 I was confused... The hospital reports that you were traumatized, 255 00:14:21,260 --> 00:14:23,695 and suffering from trauma-induced amnesia, is that correct? 256 00:14:23,730 --> 00:14:25,858 Yes, that's right. Yet you remember now? 257 00:14:25,898 --> 00:14:28,265 Yes! You remember the day and the time of day? 258 00:14:28,301 --> 00:14:31,601 How warm it was? So warm you wanted to take your jacket off. 259 00:14:31,637 --> 00:14:34,106 You remember the stoop that they forced you under, 260 00:14:34,140 --> 00:14:36,166 screaming for help, and begging for mercy? 261 00:14:36,209 --> 00:14:40,044 Yes, that's right. Yet you cannot remember how many men tried to have sex with you?! 262 00:14:40,079 --> 00:14:41,513 That's not the same thing! 263 00:14:41,547 --> 00:14:43,311 Did any of these men try have sex with you? 264 00:14:43,349 --> 00:14:45,944 Yes, damn it! Then will you submit to a drug test, Ms. DeVries? 265 00:14:45,985 --> 00:14:48,045 What the hell is going on? 266 00:14:48,087 --> 00:14:50,682 At that point, I'd jump up and yell objection. 267 00:14:52,658 --> 00:14:54,388 And then what would happen? 268 00:14:54,427 --> 00:14:56,020 I'd argue relevance, 269 00:14:56,062 --> 00:14:59,089 the defense would state that you were there to buy drugs, 270 00:14:59,132 --> 00:15:02,193 or already under the influence of them. 271 00:15:02,235 --> 00:15:04,534 Thus your recall... 272 00:15:04,570 --> 00:15:06,869 Or your actions... 273 00:15:06,906 --> 00:15:09,740 Were radically different from what we're stating. 274 00:15:10,743 --> 00:15:12,371 And you would say? 275 00:15:12,412 --> 00:15:14,506 I don't know. 276 00:15:14,547 --> 00:15:17,107 Why don't you tell me? 277 00:15:19,218 --> 00:15:22,382 Word has it, your habit is not as old as you'd like to think. 278 00:15:25,825 --> 00:15:27,794 I was not high. 279 00:15:37,703 --> 00:15:39,831 Okay, that's a start. 280 00:15:48,781 --> 00:15:50,613 Were you there to buy drugs? 281 00:15:51,918 --> 00:15:53,614 I was raped. 282 00:15:53,653 --> 00:15:56,817 What the hell difference does it make why I was down there? 283 00:15:56,856 --> 00:15:58,154 It doesn't. 284 00:15:58,191 --> 00:16:01,457 I don't care if you were there to buy a nuclear bomb. 285 00:16:02,495 --> 00:16:04,396 You are not on trial. 286 00:16:05,631 --> 00:16:07,930 But I cannot prosecute effectively 287 00:16:07,967 --> 00:16:10,732 if I have to worry what's around every corner. 288 00:16:19,645 --> 00:16:22,444 I asked them if they had any coke for sale. 289 00:16:22,482 --> 00:16:25,611 Them... the boys who raped you? 290 00:16:25,651 --> 00:16:26,983 It was for the story. 291 00:16:27,987 --> 00:16:29,979 To check on availability. 292 00:16:39,732 --> 00:16:41,724 Hurts us that she initiated contact. 293 00:16:41,767 --> 00:16:44,498 The defense'll state it could have been a come on. 294 00:16:44,537 --> 00:16:47,939 That's beatable if the jury buys 295 00:16:47,974 --> 00:16:50,307 that her request for coke was research. 296 00:16:50,343 --> 00:16:51,936 Do you? No... 297 00:16:51,978 --> 00:16:53,674 But I don't have any choice. 298 00:16:53,713 --> 00:16:55,944 It's her memory I'm concerned about now. 299 00:16:55,982 --> 00:16:58,281 Her recollection on a lot of the details 300 00:16:58,317 --> 00:16:59,979 did feel... co-mingled. 301 00:17:00,019 --> 00:17:02,318 Could have been culled from the papers. 302 00:17:02,355 --> 00:17:04,881 Yeah, too good on some, non-existent on others. 303 00:17:04,924 --> 00:17:07,723 She remembered she scratched someone, that her actual memory? 304 00:17:09,328 --> 00:17:11,263 "I remember... 305 00:17:11,297 --> 00:17:13,266 clawing at a sweaty face." 306 00:17:13,299 --> 00:17:16,758 Police report does not list scratches on any of the accused, 307 00:17:16,802 --> 00:17:19,033 and there was no tissue under her fingernails. 308 00:17:19,071 --> 00:17:22,473 And "The Post" and another paper both describe that in portrayal pieces. 309 00:17:24,911 --> 00:17:27,312 She hadn't talked to any reporters. 310 00:17:28,548 --> 00:17:31,643 They took license, did not present as fact, 311 00:17:31,684 --> 00:17:34,381 and she latched onto that. 312 00:17:34,420 --> 00:17:36,855 Do you think it was a conscious attempt? 313 00:17:36,889 --> 00:17:38,585 My best guess, no. 314 00:17:38,624 --> 00:17:40,593 I'd say she's filling in the blanks, 315 00:17:40,626 --> 00:17:42,686 and what better source than news accounts? 316 00:17:44,697 --> 00:17:47,257 It makes her a liability on the stand. 317 00:17:47,300 --> 00:17:50,270 Which means we better find out one way or the other. 318 00:17:54,907 --> 00:17:58,639 At this point, she had no recollection of the event at all? 319 00:17:58,678 --> 00:18:02,115 She knew what had happened to her, but only because she had been told. 320 00:18:02,148 --> 00:18:04,640 And she was still in physical pain. 321 00:18:06,052 --> 00:18:08,886 Any rule of thumb on how much usually comes back? 322 00:18:08,921 --> 00:18:11,288 It differs case to case. 323 00:18:11,324 --> 00:18:12,724 Best hope scenario. 324 00:18:12,758 --> 00:18:16,251 Usually the mind will only go so far. 325 00:18:16,295 --> 00:18:18,890 It'll fill in the areas of information 326 00:18:18,931 --> 00:18:21,628 around the assault, but it won't go 327 00:18:21,667 --> 00:18:24,466 all the way back into the pain. 328 00:18:25,471 --> 00:18:27,633 Thanks. 329 00:18:27,673 --> 00:18:30,472 If we put her on the stand now, they'll shred us. 330 00:18:33,212 --> 00:18:34,578 I don't know. 331 00:18:34,614 --> 00:18:36,947 The public hears dismissal, 332 00:18:36,983 --> 00:18:39,111 they think the case has been dropped. 333 00:18:39,151 --> 00:18:41,643 We'll be editorialized from hell to breakfast. 334 00:18:41,687 --> 00:18:43,883 I'll re-file as soon as something breaks. 335 00:18:43,923 --> 00:18:46,552 Yeah, well, they won't let you finish the sentence. 336 00:18:46,592 --> 00:18:49,084 The press hears dismissal, 337 00:18:49,128 --> 00:18:50,562 that's it. 338 00:18:50,596 --> 00:18:52,064 Then you tell me what to do. 339 00:18:52,098 --> 00:18:54,499 The judicial calendar has already been announced. 340 00:18:54,533 --> 00:18:57,025 Who did you draw? Scanlon. 341 00:18:57,069 --> 00:18:59,595 Tough on rape, could have done worse. 342 00:18:59,639 --> 00:19:02,040 Adam, she had poor recall 343 00:19:02,074 --> 00:19:04,634 in the mock cross, and her own doctor 344 00:19:04,677 --> 00:19:06,805 doubts the details have returned. 345 00:19:06,846 --> 00:19:09,111 That, combined with the drug use rumor. 346 00:19:09,148 --> 00:19:11,117 The fact that she asked about coke, 347 00:19:11,150 --> 00:19:14,177 whether it was research or not, puts her in a pretty negative light. 348 00:19:14,220 --> 00:19:16,348 What about the gun charge on Metzler? 349 00:19:16,389 --> 00:19:19,382 Criminal possession, third degree, he never even fired it. 350 00:19:19,425 --> 00:19:22,452 He had intent but, with three court officers wrestling for control... 351 00:19:22,495 --> 00:19:25,055 That's an "E" felony. Would you rather let him walk? 352 00:19:25,097 --> 00:19:26,725 It's his first offense. 353 00:19:26,766 --> 00:19:28,792 They'll plead to a class "A" misdemeanor, 354 00:19:28,834 --> 00:19:31,030 he'll walk and then we'll really look desperate. 355 00:19:31,070 --> 00:19:33,039 Whew! We'll hold it. 356 00:19:33,072 --> 00:19:35,234 We'll tack it on the rape if we get it. 357 00:19:35,274 --> 00:19:37,140 All right, you just do me the favor, 358 00:19:37,176 --> 00:19:39,304 and you go as fast as you can to re-open. 359 00:19:39,345 --> 00:19:41,905 We'll get Greevey and Logan back on the investigation. 360 00:19:41,947 --> 00:19:44,507 They'll find evidence to open up the Cutrona kid. 361 00:19:44,550 --> 00:19:46,018 It lies with him. 362 00:19:46,052 --> 00:19:48,749 Somebody's gotta talk to Monica DeVries. 363 00:19:49,955 --> 00:19:52,117 Stone: We go into trial now and we lose, 364 00:19:52,158 --> 00:19:54,127 we cannot go after them again ever. 365 00:20:00,032 --> 00:20:02,126 You asked me what I thought the odds were, 366 00:20:02,168 --> 00:20:04,160 I'm giving you a fair assessment. 367 00:20:04,203 --> 00:20:06,502 It'll be swept into some pending file. 368 00:20:06,539 --> 00:20:08,804 Robinette: Monica, we're not dropping the case. 369 00:20:08,841 --> 00:20:11,333 Oh, and we'll have a better chance two months from now? 370 00:20:11,377 --> 00:20:14,609 Hopefully we can go in with more substantive evidence. 371 00:20:14,647 --> 00:20:17,742 What more could you possibly need? They've confessed! 372 00:20:17,783 --> 00:20:19,911 I need you on the stand and I can't put you there. 373 00:20:19,952 --> 00:20:22,615 I agreed, for God's sake. 374 00:20:22,655 --> 00:20:24,283 You don't remember. 375 00:20:24,323 --> 00:20:26,155 What? 376 00:20:26,192 --> 00:20:28,024 You don't remember the events. 377 00:20:28,060 --> 00:20:31,260 Your mind has picked up on a mixture of facts and speculation from the news media 378 00:20:31,297 --> 00:20:34,426 and blended them together into something that you believe. 379 00:20:34,467 --> 00:20:36,959 But if I put you on the stand, 380 00:20:37,002 --> 00:20:38,664 any defense attorney in this city 381 00:20:38,704 --> 00:20:41,799 will blow enough holes in that case to bury us. 382 00:20:41,841 --> 00:20:44,208 What matters is that they did it. 383 00:20:44,243 --> 00:20:46,041 Yes, that matters. 384 00:20:46,078 --> 00:20:48,570 But the three of us knowing that in this room 385 00:20:48,614 --> 00:20:50,515 is not a substitute for proof. 386 00:20:50,549 --> 00:20:53,951 And I do intend to prove that you were raped by these suspects. 387 00:20:58,324 --> 00:21:01,658 Bailiff: Docket number 9357, 388 00:21:01,694 --> 00:21:03,686 motion to dismiss 389 00:21:03,729 --> 00:21:06,790 in People versus Howard S. Metzler, 390 00:21:06,832 --> 00:21:08,926 Steven B. Hanauer, 391 00:21:08,968 --> 00:21:11,130 Ryan M. Cutrona. 392 00:21:11,170 --> 00:21:12,638 Mr. Robinette. 393 00:21:14,607 --> 00:21:17,702 Your Honor, with respect to the People's motion, 394 00:21:17,743 --> 00:21:21,305 I'd like to reiterate the State's intention to reopen this case 395 00:21:21,347 --> 00:21:24,112 on such a date when further evidence is obtained. 396 00:21:24,150 --> 00:21:27,314 Otherwise, the People's position is clearly stated 397 00:21:27,353 --> 00:21:29,549 in the papers filed earlier. 398 00:21:29,588 --> 00:21:32,422 Your comments are so noted, Mr. Robinette. 399 00:21:35,227 --> 00:21:38,686 Case number 9357 is dismissed. 400 00:21:38,731 --> 00:21:40,791 Defendants are free to go. 401 00:22:11,564 --> 00:22:13,294 I'd just like to get this case 402 00:22:13,332 --> 00:22:15,460 back up and running as quickly as possible. 403 00:22:15,501 --> 00:22:18,198 If it sits, we run the risk of it collapsing completely, 404 00:22:18,237 --> 00:22:20,263 and this case is not un-winnable. 405 00:22:20,306 --> 00:22:22,468 Wait a minute, we gave you enough to prosecute. 406 00:22:22,508 --> 00:22:24,534 We're not the ones who blew this thing. 407 00:22:24,577 --> 00:22:28,275 This is not an assessment of blame. It's a petition to put the case back together. 408 00:22:28,314 --> 00:22:30,510 We've got a victim who's co-mingling fact and fiction, 409 00:22:30,549 --> 00:22:33,417 and a defendant who's holding back relevant information. 410 00:22:33,452 --> 00:22:34,818 So how do we get the truth? 411 00:22:34,854 --> 00:22:36,823 You made the motion to dismiss... 412 00:22:36,856 --> 00:22:38,484 you got any ideas? 413 00:22:38,524 --> 00:22:41,119 No, I don't have any ideas! That's why I'm here! 414 00:22:41,160 --> 00:22:44,722 All right, fellas, could we please hold this down to a dull head stomp? 415 00:22:44,763 --> 00:22:46,664 We're thin. 416 00:22:46,699 --> 00:22:49,066 It's obvious they're holding something back. 417 00:22:49,101 --> 00:22:52,128 If we weren't confident you could provide that something for us, 418 00:22:52,171 --> 00:22:54,766 we would've taken our shots with the jury. 419 00:22:54,807 --> 00:22:57,174 As for suggestions, I don't have any ideas. 420 00:22:57,209 --> 00:22:59,371 We weren't able to leverage Hanauer, 421 00:22:59,411 --> 00:23:02,074 or Metzler, and the younger kid is not forthcoming. 422 00:23:02,114 --> 00:23:05,516 And he's not going to give it up now that the case has been dismissed. 423 00:23:05,551 --> 00:23:06,917 But... 424 00:23:06,952 --> 00:23:08,784 if you guys can find a back door... 425 00:23:08,821 --> 00:23:12,155 Well, maybe we press the two older kids... 426 00:23:12,191 --> 00:23:14,717 Work some kind of a play on them. 427 00:23:18,530 --> 00:23:20,590 We'll backtrack through our notes, 428 00:23:20,633 --> 00:23:22,192 see what pops up. 429 00:23:25,004 --> 00:23:26,666 All right, three weeks, 430 00:23:26,705 --> 00:23:29,004 that's all I can afford with their caseload. 431 00:23:29,041 --> 00:23:30,942 Thanks. 432 00:23:33,312 --> 00:23:35,543 Personal effects, Monica DeVries. 433 00:23:35,581 --> 00:23:37,482 She never picked them up. 434 00:23:37,516 --> 00:23:40,247 Never will, either. Reminds her too much. 435 00:23:40,286 --> 00:23:41,982 I can't say as I blame her. 436 00:23:42,021 --> 00:23:44,422 Mind if I borrow this? 437 00:23:44,456 --> 00:23:47,426 Oh, no, Paul. We have our own. 438 00:23:53,332 --> 00:23:54,823 All right. 439 00:23:54,867 --> 00:23:57,336 They stopped here around 3:50 in the afternoon. 440 00:23:57,369 --> 00:23:59,770 They forced her down under that stoop. 441 00:23:59,805 --> 00:24:02,206 General disagreement on who said what, 442 00:24:02,241 --> 00:24:03,470 blouse was ripped off, 443 00:24:03,509 --> 00:24:06,673 jacket pulled up to hold her arms until it rips. 444 00:24:06,712 --> 00:24:09,204 Slight shoulder dislocation during struggle. 445 00:24:09,248 --> 00:24:11,183 The... well, 446 00:24:11,216 --> 00:24:13,082 now we get into a big discrepancy 447 00:24:13,118 --> 00:24:16,987 as to who was actually on top of her. 448 00:24:17,022 --> 00:24:18,422 ER report... 449 00:24:18,457 --> 00:24:20,323 Multiple attackers. 450 00:24:20,359 --> 00:24:22,260 How many of these buildings did we canvas? 451 00:24:22,294 --> 00:24:25,059 We canvassed both sides... 452 00:24:25,097 --> 00:24:27,089 Whole block, came up with nothing. 453 00:24:27,132 --> 00:24:29,226 No witnesses, just a lot of listeners. 454 00:24:29,268 --> 00:24:31,100 It's the post Kitty Genovese era. 455 00:24:31,136 --> 00:24:33,662 No one wants to look, they think they'll get involved. 456 00:24:33,706 --> 00:24:35,504 This building and the one next to it, 457 00:24:35,541 --> 00:24:38,340 weren't there a couple of apartments we never got? 458 00:24:42,047 --> 00:24:44,175 Yeah, 1B, right here. 459 00:24:44,216 --> 00:24:46,151 Fifth, sixth and 11th. 460 00:24:46,185 --> 00:24:49,121 Left notes each time. Upstairs, same thing. 461 00:24:49,154 --> 00:24:51,783 Good a place as any. 462 00:24:51,824 --> 00:24:54,794 It's about the rape that happened out front. 463 00:24:54,827 --> 00:24:56,352 Woman: I was gone. 464 00:24:56,395 --> 00:24:58,023 Upstate at my sister's. 465 00:24:58,063 --> 00:25:01,158 Did you hear anything from any of the neighbors about that day? 466 00:25:01,200 --> 00:25:03,032 You still haven't caught them? 467 00:25:03,068 --> 00:25:05,162 Logan: Hey, Max, let me get in here. 468 00:25:07,506 --> 00:25:09,873 Yes, ma'am, we have. We're just following up. 469 00:25:09,908 --> 00:25:12,537 We're wondering, did you hear anything since then? 470 00:25:12,578 --> 00:25:13,807 Talk, rumors? 471 00:25:13,846 --> 00:25:15,838 I don't go out. 472 00:25:15,881 --> 00:25:18,350 This is as far out in the world as I go 473 00:25:18,384 --> 00:25:20,478 without my son. 474 00:25:20,519 --> 00:25:22,750 You better believe I wasn't at home. 475 00:25:22,788 --> 00:25:24,689 20 hours of labor. 476 00:25:24,723 --> 00:25:27,852 Besides, I called. I left a message at the number you left. 477 00:25:29,628 --> 00:25:31,654 We never got it. 478 00:25:31,697 --> 00:25:34,895 What a surprise. Ms. Varella, was there any talk in the building 479 00:25:34,933 --> 00:25:36,834 about what people heard or saw? 480 00:25:36,869 --> 00:25:40,306 Yeah, there were more people here in one weekend than I've talked to in two years. 481 00:25:40,339 --> 00:25:42,604 How come you only arrested three? 482 00:25:42,641 --> 00:25:44,405 Why? Do you think there was more? 483 00:25:44,443 --> 00:25:46,537 The guy down in "C," Silva, 484 00:25:46,578 --> 00:25:49,343 heard the whole thing. Said it was six or seven? 485 00:25:49,381 --> 00:25:52,283 Well... wasn't it? 486 00:25:55,120 --> 00:25:57,021 I heard the case was dismissed. 487 00:25:57,056 --> 00:25:59,651 That doesn't mean it's closed. 488 00:25:59,691 --> 00:26:01,785 Did you hear the rape, Mr. Silva? 489 00:26:01,827 --> 00:26:03,557 Most of it. 490 00:26:03,595 --> 00:26:06,087 Although I wasn't sure what was going on. 491 00:26:06,131 --> 00:26:08,327 I mean... 492 00:26:08,367 --> 00:26:10,461 this street. 493 00:26:10,502 --> 00:26:13,870 Didn't we talk to you? We got a statement down from you. 494 00:26:15,541 --> 00:26:17,407 I said that I was gone. 495 00:26:21,280 --> 00:26:23,442 I was... going through something 496 00:26:23,482 --> 00:26:25,644 with a friend of mine. 497 00:26:25,684 --> 00:26:27,880 I didn't want him to know I was here. 498 00:26:29,555 --> 00:26:32,047 You didn't call 911 during the attack? 499 00:26:32,091 --> 00:26:34,083 I wasn't sure at first. 500 00:26:34,126 --> 00:26:35,526 Uh... 501 00:26:35,561 --> 00:26:37,621 I know I was wrong not to. 502 00:26:37,663 --> 00:26:40,428 These kids live around here. 503 00:26:40,466 --> 00:26:43,925 You know how much bashing goes on on this block? 504 00:26:45,204 --> 00:26:46,763 Besides... 505 00:26:46,805 --> 00:26:48,899 I heard you were making arrests, so... 506 00:26:48,941 --> 00:26:51,638 How many people did you hear? 507 00:26:51,677 --> 00:26:54,112 I thought I might have heard... 508 00:26:54,146 --> 00:26:56,206 five. 509 00:26:57,850 --> 00:26:59,341 I, uh... I-I... 510 00:26:59,384 --> 00:27:01,649 I guess I might have heard three. 511 00:27:04,857 --> 00:27:07,588 I tell you, it's more of a mess now than it was two months ago. 512 00:27:07,626 --> 00:27:10,960 People don't know what they heard, what they saw, what they didn't see, 513 00:27:10,996 --> 00:27:14,865 what they heard on the news, what they heard on the street, in the newspapers. 514 00:27:14,900 --> 00:27:17,335 Maybe we'll get a guy down here with a gold watch, 515 00:27:17,369 --> 00:27:19,133 hypnotizes the whole neighborhood? 516 00:27:21,607 --> 00:27:23,075 What? 517 00:27:24,610 --> 00:27:27,341 Why don't we take a legitimate shot with the vic? 518 00:27:28,380 --> 00:27:31,145 Come on, Mike, It's a weak case as is. 519 00:27:31,183 --> 00:27:34,711 You know how the courts stand on that. Hit and miss at best. 520 00:27:34,753 --> 00:27:38,520 No, no, no. I'm not saying we provide them with hypnotically-induced testimony, 521 00:27:38,557 --> 00:27:40,890 No, we'll use it for investigation only. 522 00:27:45,564 --> 00:27:47,328 Talk to the DA. 523 00:27:50,903 --> 00:27:52,895 Robinette: They don't always toss it, 524 00:27:52,938 --> 00:27:56,136 but they have been uneven in accepting aided testimony. 525 00:27:56,175 --> 00:27:58,610 I know that. That's not what we're asking. 526 00:27:58,644 --> 00:28:00,613 Look, we're up against a wall here. 527 00:28:00,646 --> 00:28:02,342 I don't want to put her under, 528 00:28:02,381 --> 00:28:04,179 have a new investigatory line pop, 529 00:28:04,216 --> 00:28:06,776 then have the courts tell you guys we can't use it. 530 00:28:08,353 --> 00:28:11,050 It's a good idea... try it, but if anything new 531 00:28:11,089 --> 00:28:13,923 surfaces during the session, we've got to link it 532 00:28:13,959 --> 00:28:16,360 to something substantive down the line. 533 00:28:16,395 --> 00:28:18,694 As testimony, I'd rather not use it at all, 534 00:28:18,730 --> 00:28:20,528 unless it's extremely compelling. 535 00:28:21,967 --> 00:28:23,959 We'll let you know. 536 00:28:30,943 --> 00:28:32,775 We got bad news. 537 00:28:33,812 --> 00:28:35,713 It's the tox report. 538 00:28:35,747 --> 00:28:38,717 She left a brush and some other effects with the police after the rape. 539 00:28:38,750 --> 00:28:41,777 The hair tested positive, but... 540 00:28:41,820 --> 00:28:43,550 We can probably counter it. 541 00:28:43,589 --> 00:28:45,888 It doesn't mean she was using on that day. 542 00:28:52,030 --> 00:28:54,431 Paul, you made a serious mistake here. 543 00:28:55,734 --> 00:28:58,363 You ordered a lab test on what basis? 544 00:29:00,439 --> 00:29:02,135 It's for our knowledge only. 545 00:29:02,174 --> 00:29:04,040 I don't want to prosecute her on it. 546 00:29:05,611 --> 00:29:07,876 What about her right to privacy? 547 00:29:07,913 --> 00:29:09,779 Wait a minute. 548 00:29:09,815 --> 00:29:11,545 This is one of your biggest concerns. 549 00:29:11,583 --> 00:29:14,075 "Let's find out before the rest of the world does." 550 00:29:14,119 --> 00:29:16,145 That is over the line. 551 00:29:17,990 --> 00:29:20,152 You mean to tell me it's more important 552 00:29:20,192 --> 00:29:22,320 that we maintain some myth of blind justice, 553 00:29:22,361 --> 00:29:24,421 walk into court and get our butts kicked? 554 00:29:26,331 --> 00:29:28,630 You'd rather not know? 555 00:29:28,667 --> 00:29:32,695 Not if it means circumventing a basic guaranteed right of the people. 556 00:29:32,738 --> 00:29:35,708 What about the Supreme Court's stand 557 00:29:35,741 --> 00:29:39,143 on blind drug testing... mandatory in certain job classifications? 558 00:29:39,177 --> 00:29:41,442 Not mandatory when you're raped. 559 00:29:49,955 --> 00:29:52,686 Monica: "...It's a party," and they started to laugh. 560 00:29:52,724 --> 00:29:55,125 Doctor: When they ask where you were going, 561 00:29:55,160 --> 00:29:57,425 do you look at their faces? 562 00:29:57,462 --> 00:30:00,955 Monica: I think if I look right at them, 563 00:30:00,999 --> 00:30:04,868 they'll stop harassing me. 564 00:30:06,705 --> 00:30:08,901 What do their faces look like? 565 00:30:13,779 --> 00:30:15,748 They're young. 566 00:30:17,482 --> 00:30:19,542 Late teens, 567 00:30:19,584 --> 00:30:21,348 early 20s. 568 00:30:23,622 --> 00:30:25,955 The youngest looks frightened. 569 00:30:25,991 --> 00:30:28,517 The others are bigger. 570 00:30:29,561 --> 00:30:31,689 They seem older. 571 00:30:34,099 --> 00:30:36,330 Which one is the most... 572 00:30:36,368 --> 00:30:38,564 intimidating? 573 00:30:38,603 --> 00:30:41,129 The oldest. 574 00:30:43,542 --> 00:30:46,444 He doesn't have any life in his eyes. 575 00:30:49,915 --> 00:30:52,475 I know he's the most dangerous. 576 00:30:55,854 --> 00:30:58,483 He doesn't care that I'm afraid. 577 00:31:00,425 --> 00:31:02,621 He's not excited by it... 578 00:31:04,596 --> 00:31:06,758 Not like the other three. 579 00:31:06,798 --> 00:31:09,393 They're there for him. 580 00:31:13,505 --> 00:31:15,974 Monica, let's back up for a second. 581 00:31:16,007 --> 00:31:18,943 When you were describing the boys, 582 00:31:18,977 --> 00:31:23,347 did you mean to describe three or four to me? 583 00:31:26,051 --> 00:31:27,747 Four. 584 00:31:27,786 --> 00:31:29,846 Are you sure? 585 00:31:31,189 --> 00:31:33,283 You're sure? 586 00:31:33,325 --> 00:31:35,760 Yes. 587 00:31:41,600 --> 00:31:43,398 Now I'm going to ask you 588 00:31:43,435 --> 00:31:45,597 to relax even further. 589 00:31:45,637 --> 00:31:47,538 Remember, 590 00:31:47,572 --> 00:31:50,542 these are only memories. 591 00:31:50,575 --> 00:31:53,101 They cannot hurt you. 592 00:31:55,180 --> 00:31:58,412 This fourth boy, who is the oldest, 593 00:31:58,450 --> 00:32:01,113 focus in on him, 594 00:32:01,153 --> 00:32:04,180 and tell me about his face. 595 00:32:06,992 --> 00:32:08,893 Gaunt. 596 00:32:12,097 --> 00:32:13,895 Drawn. 597 00:32:13,932 --> 00:32:16,163 Looks that... 598 00:32:16,201 --> 00:32:19,171 Might once have been good-looking. 599 00:32:21,606 --> 00:32:23,939 He has green eyes. 600 00:32:27,712 --> 00:32:30,272 He has a scar over his right eye. 601 00:32:30,315 --> 00:32:33,342 His skin is pale. 602 00:32:34,719 --> 00:32:37,848 His hair looks unwashed. 603 00:32:37,889 --> 00:32:41,382 Did you, at any time during the attack, 604 00:32:41,426 --> 00:32:44,021 hear his name used? 605 00:32:50,268 --> 00:32:52,260 Tim. 606 00:32:55,006 --> 00:32:57,032 We know there was a fourth guy. 607 00:32:57,075 --> 00:32:59,670 We know he committed the majority of the rape. 608 00:32:59,711 --> 00:33:03,375 We got his first name. I say we use it against the other three. 609 00:33:03,415 --> 00:33:05,509 One of them's bound to collapse. 610 00:33:05,550 --> 00:33:07,951 It would only tip our hand. 611 00:33:07,986 --> 00:33:10,046 Something in here has got to lead to him. 612 00:33:10,088 --> 00:33:12,455 She told us who did what, 613 00:33:12,491 --> 00:33:14,392 who held her, who performed what acts, 614 00:33:14,426 --> 00:33:16,725 the fact that he tried to get her to fellate him, 615 00:33:16,761 --> 00:33:18,320 the threats to slash her face. 616 00:33:18,363 --> 00:33:20,594 We got everything we need except the fourth guy. 617 00:33:20,632 --> 00:33:23,693 We pick him up, we get a blood test to match on the semen sample, 618 00:33:23,735 --> 00:33:26,170 it's a slam dunk... The other three go down with him. 619 00:33:26,204 --> 00:33:29,732 Fine, let's go pick him up. His name's Tim. 620 00:33:29,774 --> 00:33:32,243 Come on, Max, you know what the hell I'm talking about. 621 00:33:37,249 --> 00:33:39,184 All right, you want to make a move? 622 00:33:39,217 --> 00:33:41,152 Let's check the stoop for glass. 623 00:33:41,186 --> 00:33:42,882 What?! 624 00:33:42,921 --> 00:33:45,550 She remembered them breaking a bottle, 625 00:33:45,590 --> 00:33:48,082 threatening to slash her face, right? 626 00:33:49,427 --> 00:33:52,158 Two months later you think we're going to find anything? 627 00:33:52,197 --> 00:33:54,530 When's the last time you swept under your stoop? 628 00:33:57,068 --> 00:33:59,765 Ugh, this is making me nauseous. 629 00:33:59,804 --> 00:34:02,501 Gee, that's funny, Max. You ought to come down here. 630 00:34:02,541 --> 00:34:05,340 I was thinking of puking just to improve the smell. 631 00:34:05,377 --> 00:34:07,505 Oop, more glass! 632 00:34:07,546 --> 00:34:10,641 Okay, send it up. 633 00:34:16,688 --> 00:34:19,624 Remind me never to eat at your house. 634 00:34:19,658 --> 00:34:23,186 They're perfectly good tongs, you think I'm going to throw them away? 635 00:34:23,228 --> 00:34:25,697 You got a couple of partials, 636 00:34:25,730 --> 00:34:28,598 third and fourth fingerprints on one of the fragments, 637 00:34:28,633 --> 00:34:30,727 I think it's a bottleneck. 638 00:34:30,769 --> 00:34:34,900 Run a crosscheck on every set we got, first name Tim, Timothy... 639 00:34:34,940 --> 00:34:36,602 Do all the "T's" just to be safe. 640 00:34:36,641 --> 00:34:38,371 It's going to take some time. 641 00:34:38,410 --> 00:34:40,936 Hey, do I look like I'm in a hurry? 642 00:34:40,979 --> 00:34:43,448 Timothy Pruiting! 643 00:34:43,481 --> 00:34:46,417 Three assaults, two narco pops, one sale weight, 644 00:34:46,451 --> 00:34:49,114 partial matches on middle and ring finger. 645 00:34:49,154 --> 00:34:52,318 Great. It's not enough... They're only partial matches. 646 00:34:52,357 --> 00:34:55,657 There's at least 35 other possible match ups here. 647 00:34:55,694 --> 00:34:57,788 Logan: He lives two blocks from the scene. 648 00:34:57,829 --> 00:34:59,923 He's been popped for dealing. 649 00:34:59,965 --> 00:35:03,424 Narcotics says Metzler and Hanauer have been running for him for months! 650 00:35:03,468 --> 00:35:05,300 Fine. The prints place him at the scene, 651 00:35:05,337 --> 00:35:07,636 not the time, of the attack. 652 00:35:07,672 --> 00:35:09,868 We pop him, he'll match on the DNA. 653 00:35:09,908 --> 00:35:13,640 And what if he doesn't? There's no sex offenses here. What do we hold him on? 654 00:35:13,678 --> 00:35:16,910 I don't know. This guy fits. 655 00:35:16,948 --> 00:35:20,578 Tulli down in narcotics says he'd gut his mother for a nickel. 656 00:35:20,619 --> 00:35:24,181 The Cutrona kid's probably scared to death. 657 00:35:24,222 --> 00:35:26,316 Look, guys, 658 00:35:26,358 --> 00:35:28,384 do I have to speak slowly here? 659 00:35:28,426 --> 00:35:30,691 Yes, I think he's our guy. 660 00:35:30,729 --> 00:35:32,357 Yes, I would like to pop him, 661 00:35:32,397 --> 00:35:34,730 but this thing has been dismissed once already. 662 00:35:34,766 --> 00:35:37,600 We cannot go off half-cocked. We need more. 663 00:35:37,636 --> 00:35:39,628 Like what? 664 00:35:39,671 --> 00:35:43,472 Like... testimony from the Cutrona kid. 665 00:35:43,508 --> 00:35:45,500 A statement, anything. 666 00:35:47,112 --> 00:35:48,637 We'll give him a run. 667 00:35:49,781 --> 00:35:51,773 Good, Mike, because... 668 00:35:51,816 --> 00:35:54,786 I don't think he's gonna come waltzing in here on his own! 669 00:36:01,960 --> 00:36:03,895 Logan: We know he was there. 670 00:36:03,928 --> 00:36:06,397 We need you to testify against him. 671 00:36:06,431 --> 00:36:10,766 You do that, the DA will reduce the rape charges against you. 672 00:36:10,802 --> 00:36:12,464 How far? You'd have to talk to Stone, 673 00:36:12,504 --> 00:36:15,167 but he assured me... no time. 674 00:36:16,574 --> 00:36:18,440 What about working for Pruiting? 675 00:36:18,476 --> 00:36:20,342 You're not up on the drug charges. 676 00:36:20,378 --> 00:36:23,348 The hope is you clean that up by yourself. 677 00:36:24,816 --> 00:36:26,785 He said he'd kill me. 678 00:36:26,818 --> 00:36:28,616 Max: You let us worry about that. 679 00:36:28,653 --> 00:36:30,815 The truth is, he's a punk. 680 00:36:30,855 --> 00:36:33,120 He's not going to last long in prison. 681 00:36:33,158 --> 00:36:35,127 You'd be the least of his problems. 682 00:36:46,571 --> 00:36:48,563 He'll testify. 683 00:37:12,230 --> 00:37:14,790 Police, Mr. Pruiting. You're under arrest... 684 00:37:14,833 --> 00:37:16,358 Hold it! 685 00:37:16,401 --> 00:37:19,860 Get off of me, man! You're charged with rape and assault. 686 00:37:19,904 --> 00:37:22,100 You have the right to remain silent... Freeze! 687 00:37:22,140 --> 00:37:24,632 Those little bastards ratted on me, man. 688 00:37:24,676 --> 00:37:27,009 I'm not going down alone! 689 00:37:27,045 --> 00:37:28,809 You hear me! You think I'm lying? 690 00:37:28,847 --> 00:37:31,407 Those little jerks were with me when we did it. 691 00:37:31,449 --> 00:37:33,941 I want those little humps! Put something on. 692 00:37:33,985 --> 00:37:37,183 Little punks'll say whatever you want to hear! Logan: Yeah, yeah. 693 00:38:10,755 --> 00:38:12,383 What the hell's going on? 694 00:38:12,423 --> 00:38:14,483 When was he Mirandized at the bust? 695 00:38:14,526 --> 00:38:17,724 Hey, that's crap if he's saying he wasn't Mirandized. 696 00:38:17,762 --> 00:38:20,288 I read 'em as we were taking him out. 697 00:38:20,331 --> 00:38:22,891 After he made the statements. 698 00:38:22,934 --> 00:38:24,835 Are you gonna tell us about our day? 699 00:38:24,869 --> 00:38:27,703 Sounds like spontaneous declaration to me. 700 00:38:27,739 --> 00:38:30,573 Fine, it'll fall into "For what it's worth," and I'll bury it. 701 00:38:30,608 --> 00:38:34,670 I'll be with my client. Let's not have this take all day. 702 00:38:39,918 --> 00:38:41,750 Look, 703 00:38:41,786 --> 00:38:44,085 I started during his statements. 704 00:38:44,122 --> 00:38:47,251 The guy was screaming like crazy, then the girl made a move. 705 00:38:47,292 --> 00:38:49,454 I re-read them after everything calmed down. 706 00:38:49,494 --> 00:38:51,656 Hey, this guy was out of his mind high, 707 00:38:51,696 --> 00:38:53,494 he was blurting things out left and right. 708 00:38:53,531 --> 00:38:56,091 It doesn't matter. I'll make it admissible. 709 00:38:56,134 --> 00:38:58,103 Taggert'll take the wind out of it. 710 00:38:58,136 --> 00:39:00,731 The statements may be too vague to help us anyway. 711 00:39:00,772 --> 00:39:03,241 So why aren't we asking for a blood sample? 712 00:39:03,274 --> 00:39:04,742 Because we have a problem. 713 00:39:04,776 --> 00:39:06,369 Oh? 714 00:39:06,411 --> 00:39:08,277 You can't subpoena blood samples 715 00:39:08,313 --> 00:39:10,475 if you have nothing to match it against. 716 00:39:13,284 --> 00:39:15,344 Forensics seems to have... 717 00:39:15,386 --> 00:39:17,753 misplaced the rape samples. 718 00:39:17,789 --> 00:39:19,815 What?!! 719 00:39:21,826 --> 00:39:23,761 This is unbelievable. 720 00:39:23,795 --> 00:39:25,764 They're continuing to look, but my guess is 721 00:39:25,797 --> 00:39:29,325 some idiot saw the paperwork come through on the dismissal and out they went. 722 00:39:29,367 --> 00:39:30,960 That's incredible. 723 00:39:31,002 --> 00:39:34,097 Which leaves us with not much. 724 00:39:34,138 --> 00:39:35,663 What do you want to do? 725 00:39:35,707 --> 00:39:37,869 Stone: That's what we're here to decide. 726 00:39:37,909 --> 00:39:40,174 I can't justify much longer 727 00:39:40,211 --> 00:39:42,407 detaining Pruiting to his lawyers. 728 00:39:42,447 --> 00:39:45,007 Even with the Cutrona kid's statement? 729 00:39:45,049 --> 00:39:46,984 That's an uncorroborated statement 730 00:39:47,018 --> 00:39:48,646 from an accomplice. 731 00:39:48,686 --> 00:39:50,951 We need something to back that up with. 732 00:39:55,026 --> 00:39:56,927 How long can you justify holding him? 733 00:40:00,031 --> 00:40:02,500 Duck a couple of phone calls from his attorney. 734 00:40:02,533 --> 00:40:04,297 After that... 735 00:40:04,335 --> 00:40:06,827 After that, you lose the paperwork. 736 00:40:06,871 --> 00:40:09,170 Max, what is this? 737 00:40:09,207 --> 00:40:12,871 Last shot... get Metzler and Hanauer to roll. 738 00:40:12,911 --> 00:40:15,403 We got no leverage... What the hell is going on? 739 00:40:17,482 --> 00:40:20,475 Max, no deals. I want the other two as much as Pruiting. 740 00:40:32,163 --> 00:40:34,530 Max: Look at those mooks, still selling crack. 741 00:40:39,804 --> 00:40:41,773 Gentlemen. 742 00:40:41,806 --> 00:40:44,275 If this is a roust, you've got no cause. 743 00:40:44,309 --> 00:40:46,403 You think we need cause, ant brain? 744 00:40:46,444 --> 00:40:49,539 You think we don't know how to move vials, huh? 745 00:40:49,580 --> 00:40:51,708 Hey, Mike. Come on. 746 00:40:53,551 --> 00:40:56,783 No roust, no charges, no interrogation. 747 00:40:56,821 --> 00:40:59,188 You just come in, make some statements, 748 00:40:59,223 --> 00:41:00,953 we listen... Listen to what? 749 00:41:00,992 --> 00:41:02,858 Your version of what happened. 750 00:41:02,894 --> 00:41:05,523 Since Tim Pruiting's been in all day screaming 751 00:41:05,563 --> 00:41:08,260 that he didn't rape Monica DeVries. What? 752 00:41:08,299 --> 00:41:10,666 He says it was you guys. 753 00:41:10,702 --> 00:41:12,864 You're full of it. 754 00:41:12,904 --> 00:41:15,271 Watch your mouth. 755 00:41:15,306 --> 00:41:18,003 You think I pulled that name out of thin air? 756 00:41:18,042 --> 00:41:21,410 You want me to describe his place? 757 00:41:21,446 --> 00:41:24,291 In fact, we can drop by. I'll show you what a mess we made during the bust. 758 00:41:24,315 --> 00:41:26,341 Is he saying we did her? That's a load. 759 00:41:26,384 --> 00:41:28,580 Hey, you don't have to convince us, 760 00:41:28,619 --> 00:41:30,178 we know he did her... 761 00:41:30,221 --> 00:41:32,986 but we gotta pop somebody for it. 762 00:41:33,024 --> 00:41:34,686 It's bull! 763 00:41:34,726 --> 00:41:36,524 You want us to roll. 764 00:41:36,561 --> 00:41:39,360 We already arrested him, genius. 765 00:41:39,397 --> 00:41:41,491 We don't need you to incriminate him. 766 00:41:41,532 --> 00:41:44,696 So we're not under arrest? 767 00:41:44,736 --> 00:41:46,671 Absolutely not. 768 00:41:47,772 --> 00:41:49,206 Unless... 769 00:41:49,240 --> 00:41:52,404 he convinces us that he's right. 770 00:41:56,881 --> 00:41:58,679 It can't be used against us? 771 00:41:58,716 --> 00:42:00,981 That's the deal. 772 00:42:01,019 --> 00:42:02,783 Tell you what. 773 00:42:02,820 --> 00:42:04,880 I'll make it really easy. 774 00:42:04,922 --> 00:42:07,824 I'll call Legal Aid. 775 00:42:07,859 --> 00:42:09,828 They'll set up a room. 776 00:42:09,861 --> 00:42:12,695 You come in, in and out, 777 00:42:12,730 --> 00:42:16,258 no hanging around. Give me a quarter. 778 00:42:16,300 --> 00:42:18,394 What? Give me a quarter. 779 00:42:21,172 --> 00:42:22,731 What are you doing? 780 00:42:22,774 --> 00:42:24,675 Huh? 781 00:42:31,249 --> 00:42:34,686 Hey, that's great, Max. Now we got even more unusable statements. 782 00:42:34,719 --> 00:42:37,188 Think so? Who you calling? 783 00:42:38,256 --> 00:42:39,622 Marie. 784 00:42:42,760 --> 00:42:46,595 Think they have a reasonable expectation of privacy right now? 785 00:42:48,332 --> 00:42:50,130 Hi, honey, it's me. 786 00:42:50,168 --> 00:42:51,966 I'll probably be late tonight. 787 00:42:55,740 --> 00:42:57,766 You're out of your mind, you know that? 788 00:42:57,809 --> 00:42:59,801 Stone's going to blow a fuse over this 789 00:42:59,844 --> 00:43:01,836 and Cragen'll strap us to our desks forever. 790 00:43:01,879 --> 00:43:03,677 Wrong, Detective. 791 00:43:03,714 --> 00:43:07,446 They are not under arrest. 792 00:43:09,020 --> 00:43:10,511 Oooh. 793 00:43:10,555 --> 00:43:13,582 Hanauer's voice: Because if he is, I'm not taking the fall, 794 00:43:13,624 --> 00:43:16,526 and neither should you. We didn't do her. He got off on it. 795 00:43:16,561 --> 00:43:19,292 Metzler: What's all this crap about keeping our mouth's shut? 796 00:43:19,330 --> 00:43:21,299 He tells us they got no evidence 797 00:43:21,332 --> 00:43:23,733 'cause he's the only one who'll match the load, 798 00:43:23,768 --> 00:43:26,260 and he gets picked up and rolls? Screw him! 799 00:43:26,304 --> 00:43:28,864 Look, we know what we did, we just tell it straight. 800 00:43:28,906 --> 00:43:31,740 All we did was hold her, maybe some other stupid stuff, 801 00:43:31,776 --> 00:43:34,211 but we're not riding down for Pruiting. 802 00:43:34,245 --> 00:43:36,180 All right, so it's damning. 803 00:43:36,214 --> 00:43:39,082 Do I have to run a list here, Stone? 804 00:43:39,117 --> 00:43:42,679 Miranda, Bartolameo, the Supreme Court's Minnick decision. 805 00:43:42,720 --> 00:43:44,882 The whole thing's illegally obtained. 806 00:43:44,922 --> 00:43:46,584 They were both represented by counsel. 807 00:43:46,624 --> 00:43:48,650 Not for the past two months, they weren't. 808 00:43:48,693 --> 00:43:51,993 There were no charges pending. There was no accusatory instrument pending, 809 00:43:52,029 --> 00:43:54,396 no outstanding indictment. You know as well as I do 810 00:43:54,432 --> 00:43:56,663 that Minnick provides nothing new in New York. 811 00:43:56,701 --> 00:43:58,465 What about their privacy? 812 00:44:00,204 --> 00:44:03,800 The court's stance on the expectation of privacy is fairly clear. 813 00:44:03,841 --> 00:44:07,073 Please! They were sitting in a cop car. 814 00:44:07,111 --> 00:44:11,139 With the doors wide open, in the middle of the day, in a city street. 815 00:44:11,182 --> 00:44:15,119 You think there's a greater expectation of privacy there than on a cordless phone? 816 00:44:15,153 --> 00:44:17,918 And I'm sure you know the court's stance on that. 817 00:44:17,955 --> 00:44:19,753 It's debatable. 818 00:44:19,790 --> 00:44:22,055 That's not debatable, that's precedent. 819 00:44:22,093 --> 00:44:24,653 And that's what I'm going into court with. 820 00:44:24,695 --> 00:44:26,664 You did good work. 821 00:44:26,697 --> 00:44:29,189 Make sure it doesn't get thrown out of court. 822 00:44:29,233 --> 00:44:31,998 I can't be sure of anything, but I do know what I believe in, 823 00:44:32,036 --> 00:44:34,232 and I believe you didn't violate the system. 824 00:44:34,272 --> 00:44:36,366 Want to re-arrest Hanauer and Metzler? 825 00:44:36,407 --> 00:44:39,241 Absolutely. No bargains. The charge is rape. 826 00:44:39,310 --> 00:44:42,280 We'll let their defense attorneys figure out if they want to sever or not. 827 00:44:42,313 --> 00:44:44,214 I'm sure they know the procedure by now. 828 00:44:44,248 --> 00:44:46,342 What do you want to do with the Cutrona kid? 829 00:44:46,384 --> 00:44:49,877 Him we need. Paul's going to bring him in for a statement. 830 00:44:49,921 --> 00:44:52,413 I can use that instead of the DNA match. 831 00:44:52,456 --> 00:44:54,118 Well, our boy Pruiting 832 00:44:54,158 --> 00:44:56,889 just tried to sell everyone he knows during booking... 833 00:44:56,928 --> 00:44:59,193 Crack dealers, peepers... 834 00:44:59,230 --> 00:45:01,131 All in the hopes of landing a deal. 835 00:45:01,165 --> 00:45:03,760 Hell of a guy. 836 00:45:03,801 --> 00:45:05,360 Quite a piece of work. 837 00:45:07,171 --> 00:45:10,573 In the coming days, you will hear arguments on whether three men 838 00:45:10,608 --> 00:45:13,578 in this courtroom are guilty of the crime of rape. 839 00:45:13,611 --> 00:45:17,207 You will then be asked to decide two things: 840 00:45:17,248 --> 00:45:18,978 the fate of the defendants, 841 00:45:19,016 --> 00:45:22,111 and more indirectly the fate of a legal system. 842 00:45:22,153 --> 00:45:26,318 A system that is too often circumvented and mocked 843 00:45:26,357 --> 00:45:29,521 by those who seek to escape the weight of justice. 844 00:45:29,560 --> 00:45:34,191 A system which can be used by the defense 845 00:45:34,232 --> 00:45:38,260 to put a woman, violated against her will, 846 00:45:38,302 --> 00:45:40,032 on trial... 847 00:45:40,071 --> 00:45:43,007 for anything ranging from how she was dressed 848 00:45:43,040 --> 00:45:46,238 to why she was in a particular neighborhood. 849 00:45:51,882 --> 00:45:53,783 It is the State's position 850 00:45:53,818 --> 00:45:55,980 that there are no valid reasons to justify 851 00:45:56,020 --> 00:45:58,819 violent sexual behavior against another person's will. 852 00:45:58,856 --> 00:46:02,156 It is my job to present these facts to you 853 00:46:02,193 --> 00:46:05,288 and hope that you will agree with the State's position. 854 00:46:05,329 --> 00:46:08,231 It is your job to listen... 855 00:46:08,266 --> 00:46:10,826 To listen how, through willful intimidation, 856 00:46:10,868 --> 00:46:13,633 and a moderate knowledge of the legal system, 857 00:46:13,671 --> 00:46:15,663 these three men 858 00:46:15,706 --> 00:46:17,937 chose to flaunt their crime of rape 859 00:46:17,975 --> 00:46:18,999 in the face of a woman... 860 00:46:23,114 --> 00:46:25,083 And in the face of this system.67322

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