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Narrator: In the criminal justice
system, the people are represented
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00:00:05,639 --> 00:00:08,040
by two separate yet
equally important groups...
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00:00:08,075 --> 00:00:09,941
The police who
investigate crime,
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00:00:09,977 --> 00:00:12,947
and the district attorneys
who prosecute the offenders.
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These are their stories.
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00:00:18,185 --> 00:00:19,915
Paul!
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I had your office try you
at home this morning.
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You're still asking
for a severance.
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00:00:24,558 --> 00:00:27,995
Yeah. Almost not, given the number of
threats my client received this weekend.
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00:00:28,028 --> 00:00:31,362
Diane, we prepped him for this. He
wavers now, we're back where we started.
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00:00:31,398 --> 00:00:34,027
He's a kid... just the sight
of these two will freeze him.
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That's their right.
To intimidate him?
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We requested
separate transport vans.
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Hopefully this thing'll
be short and sweet.
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Bailiff: Docket number 9357.
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Motion to sever
defendant Ryan M. Cutrona
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from co-defendants
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00:01:07,568 --> 00:01:12,268
Howard S. Metzler
and Steven B. Hanauer.
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Why is there a motion to
sever in a gang rape case now?
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Judge: I'd like to get
this trial started, people.
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The more motions
filed on this case,
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the more press
attention it seems to get.
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Due to an overwhelming amount of
evidence against his co-defendants...
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What evidence? He's
lying. He's got nothing.
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He wants to save his own ass.
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Judge: Order! Don't be
stupid, okay? Don't be dead.
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Order.
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We know what you did.
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Okay, you hear me,
Ryan? Judge: Counsel!
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Judge: I'll have
your client detained!
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Look at me! Do you hear me?
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Huh? You hear me?!
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I want you to know exactly...!
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Wait, Ryan, don't...
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Guard: Get down, get down!
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Face to the floor! Do it!
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Because I can't even
get him to sit in a damn
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chair, much less listen
to anything I have to say.
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A severance is not going
to do your client much good
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00:03:42,556 --> 00:03:44,582
if he's facing the
exact same charges.
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Oh, for crying...
The kid's terrified.
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I offered to lower the charges if
he gave me pertinent information.
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Okay, so where do we stand?
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I can prosecute either
way, with or without him,
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00:03:55,035 --> 00:03:57,470
but I'd have to guess from
what happened in court
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that he's got
something of value.
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00:03:59,439 --> 00:04:01,305
I'd rather have
the truth than not.
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00:04:01,341 --> 00:04:03,401
Yeah. So let's set it up.
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00:04:03,443 --> 00:04:05,002
We'll take a run at him.
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00:04:05,045 --> 00:04:07,981
Logan: Howard, how
long did you follow her for?
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A couple blocks.
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Did anybody talk about
it while you followed her?
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We really didn't think
he'd go through with it.
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00:04:17,357 --> 00:04:20,555
Why? Did you
talk about it before?
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00:04:20,594 --> 00:04:22,563
Yeah.
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00:04:22,596 --> 00:04:24,531
Ryan said he wanted to.
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We just thought...
we'd set him up,
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he'd back off, get scared.
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00:04:29,836 --> 00:04:30,836
That's not true.
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Logan: Did you touch
Ms. DeVries at all?
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Lawyer: We're clear
on that issue, Detective.
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My client stated
that he only watched.
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00:04:39,513 --> 00:04:41,607
Logan: Did you
want to touch her?
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00:04:43,049 --> 00:04:45,348
Ryan's the one who got off.
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00:04:49,189 --> 00:04:51,055
Hanauer's is worse.
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00:04:51,091 --> 00:04:53,856
He says you begged him
to help you do someone.
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Says they even had to
stop you during the attack.
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00:04:58,198 --> 00:04:59,996
I don't want to see it.
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00:05:00,033 --> 00:05:01,763
It's just more lies.
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Why don't you fill us in?
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I can't.
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00:05:08,642 --> 00:05:11,806
Ryan, whatever you're holding back
must be damning enough to scare them.
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00:05:11,845 --> 00:05:14,212
They're counting on your
fear to protect themselves.
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00:05:14,281 --> 00:05:16,807
I'll take a lie detector test...
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00:05:16,850 --> 00:05:18,785
And prove that I
didn't do anything.
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00:05:18,819 --> 00:05:21,345
That's not enough for what
your buddies are telling us.
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Ryan, you're accused
of raping a woman.
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I'm 17.
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00:05:31,531 --> 00:05:34,626
I don't have a record.
You'll be tried as an adult.
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00:05:34,668 --> 00:05:36,728
Any jury that sees those tapes
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00:05:36,770 --> 00:05:39,968
will send you up for a lot more
time than your buddies'll do.
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00:05:47,581 --> 00:05:49,880
You know he didn't
run point on this.
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00:05:49,916 --> 00:05:51,714
I can't prosecute on instincts.
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00:05:51,751 --> 00:05:53,720
She had bruises on
her wrists and ankles.
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00:05:53,753 --> 00:05:55,688
How many hands do
you think my client has?
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00:05:55,722 --> 00:05:57,953
Interesting defense. You
plan to out-prosecute me?
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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,
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00:06:03,363 --> 00:06:05,229
and if your client plans to...
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00:06:05,265 --> 00:06:08,861
martyr himself with a heavier
sentence, that's not my problem.
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00:06:08,902 --> 00:06:12,395
I'll go after the others as
hard as I do your client.
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00:06:12,439 --> 00:06:15,705
DNA tests on the semen
samples are due in this afternoon.
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We'll talk with you then.
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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.
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00:06:23,483 --> 00:06:26,749
The Cutrona kid's holding
something... I have no idea what it is.
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00:06:26,786 --> 00:06:29,255
Nothing out of the
transcripts from the victim?
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00:06:29,289 --> 00:06:31,656
Her recollection has
been shaky at best.
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00:06:31,691 --> 00:06:34,354
She's pretty much
repressed the whole event.
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00:06:36,496 --> 00:06:38,362
She's what, a reporter?
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00:06:38,398 --> 00:06:41,425
Reporter? She
does exploitive crap!
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All sizzle and no steak.
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00:06:43,937 --> 00:06:45,803
Where is that coming from?
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00:06:45,839 --> 00:06:48,206
I'm sorry, Adam, but
I have to be honest.
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00:06:48,241 --> 00:06:50,710
I want to put away the
scum that raped her,
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00:06:50,744 --> 00:06:54,579
but I don't have to embrace her
journalism, her lifestyle, her attitudes.
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00:06:54,614 --> 00:06:57,641
I don't like her and I don't
think a jury'll like her either.
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00:06:57,684 --> 00:07:00,176
Tough case without
her on the stand.
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I wish that were
my only concern.
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00:07:03,123 --> 00:07:05,524
I feel like we're hitting
baseballs in the dark.
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00:07:05,558 --> 00:07:08,995
We've got enough with the
tapes and maybe the circumstantial
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to put someone away...
Probably the wrong kid.
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00:07:12,165 --> 00:07:14,293
Which means that Metzler's
and Hanauer's people
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will ask to be severed
from the Cutrona kid
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because he'll take the fall,
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then they get suspended
or greatly reduced.
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Or maybe nothing.
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No match on the semen sample.
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On any of them?
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00:07:26,746 --> 00:07:30,012
That could solve our entire
dilemma. We may be dead in the water.
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00:07:30,050 --> 00:07:31,951
Possibly another assailant?
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00:07:31,985 --> 00:07:33,817
Never mentioned by the others.
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00:07:33,853 --> 00:07:37,949
She was foggy the first few days on
the numbers, but since said it was three.
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00:07:37,991 --> 00:07:41,291
What about a
boyfriend? I'll check.
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Just a minute...
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00:07:46,733 --> 00:07:49,567
Did she state whether there
was penetration during the rape?
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She's repressed it.
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00:07:51,371 --> 00:07:54,398
Rape kit findings at the
hospital indicate there was.
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00:07:54,441 --> 00:07:56,535
If there was no
discharge during the rape,
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00:07:56,576 --> 00:07:59,171
could be a boyfriend...
Previous night, that morning.
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00:07:59,212 --> 00:08:01,704
Well, find out.
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00:08:01,748 --> 00:08:04,775
Either way, we're hurt
without a DNA match.
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00:08:07,153 --> 00:08:09,088
Logan: Paul!
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00:08:09,122 --> 00:08:11,751
We're thinking of
requisitioning you
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00:08:11,791 --> 00:08:13,919
a flak jacket for your birthday.
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00:08:13,960 --> 00:08:15,792
Yeah, it's all
over the precinct.
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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.
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00:08:29,309 --> 00:08:31,301
Monica DeVries have a boyfriend?
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00:08:31,344 --> 00:08:33,142
Don't know. Why,
are you in the market?
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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?
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00:08:39,386 --> 00:08:41,150
Her confidence.
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00:08:41,187 --> 00:08:44,521
Not good, she wasn't
clear. And the perps?
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00:08:44,557 --> 00:08:46,924
The young kid was
a giveaway, nervous.
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00:08:46,960 --> 00:08:48,622
He'd never been in a line-up.
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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.
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00:08:55,902 --> 00:08:58,770
Come on, that's crap! They bragged
about it all over the neighborhood.
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00:08:58,805 --> 00:09:00,273
We got their confession on tape!
150
00:09:00,306 --> 00:09:02,002
Conflicting.
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00:09:02,042 --> 00:09:03,977
Yeah...
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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.
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00:09:23,463 --> 00:09:25,659
Four in the last half hour.
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00:09:25,698 --> 00:09:28,065
Press thinks the case
may be slipping away.
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00:09:28,101 --> 00:09:30,246
How do you think they'd react
if they sensed an opportunity
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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?
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00:09:35,341 --> 00:09:37,333
Advance copy of
tomorrow's "Ledger."
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00:09:40,947 --> 00:09:43,610
This backed up? They
know she's got a record.
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00:09:43,650 --> 00:09:46,882
A five-year-old bust. She
was there to research a story.
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00:09:46,920 --> 00:09:48,230
Can't we counter
with a statement?
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00:09:48,254 --> 00:09:51,656
Like what? "Everybody
past fifth grade
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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.
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00:10:01,101 --> 00:10:04,697
It's like another lifetime. But
now, because it's on page six,
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00:10:04,737 --> 00:10:06,638
I can be raped without penalty.
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00:10:06,673 --> 00:10:09,040
It's not a question
of abstract application
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00:10:09,075 --> 00:10:11,306
of the law, Ms.
DeVries, it's perception.
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00:10:11,344 --> 00:10:15,008
We're dealing with the collective
minds and morals of a jury.
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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?
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00:10:20,520 --> 00:10:23,217
And what's her background?
Jurors are not computers,
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00:10:23,256 --> 00:10:25,521
these things do have
an impact on them.
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00:10:25,558 --> 00:10:27,823
Maybe they'd like to
check between my toes
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00:10:27,861 --> 00:10:30,023
for needle marks
before they rule.
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00:10:30,063 --> 00:10:32,157
I'll pass.
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00:10:32,198 --> 00:10:34,429
I've already been
bent over once.
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00:10:41,040 --> 00:10:44,670
Unfortunately, we can no longer
prosecute without you on the stand.
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00:10:44,711 --> 00:10:48,910
You told me you had no problem
with me being off the stand,
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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
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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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