All language subtitles for Law and Order SVU s16e21 Perverted Justice.eng

(male narrator) In the
criminal justice system,

sexually based offenses are
considered especially heinous.

In New York City, the dedicated detectives

who investigate these vicious felonies

are members of an elite squad

known as the Special Victims Unit.

These are their stories.

Love is long suffering and kind.

Love never rejoices at evil,

but rejoices in the triumph of truth.

Repeat,

love bears with all things.

(all) Love bears with all things.

(man) Ever trustful, ever
hopeful, ever patient.

(all) Ever trustful, ever
hopeful, ever patient.

(man) Love never fails.

(all) Love never fails.

Noah Porter, now we celebrate you,

and we welcome you into our community.

All say, "You are a blessed gift,

and we give you our blessings."

(all) You are a blessed gift,

and we give you our blessings.

Noah, may the future
bring love to your heart,

joy to your mind, and
truth from those sweet lips.

I didn't know you were a Unitarian, Sarge.

Oh, I'm not. I am...

Actually, I didn't grow
up with any religion.

I just wanted Noah to have
something that would ground him.

Then rebel against when
he's a teenager, am I right?

I get it. I'm Catholic.

No kidding?

Come on, little man. You did great.

Michelle, I'm glad you keep
coming back to services.

And you're working your program?

Yeah, every day.

I'm up to my ninth step.

Making amends.

To my father.

Michelle, your father's in prison.

- That's not your fault.
- Yes, it is.

I lied to the police.

It's not enough to apologize.

I'm supposed to restore justice.

When possible.

Don't you know that lawyer,

the one who gets innocent
people out of jail?

Sound it out. It's T-H...

- Throw.
- No, no.

- The O-U is "ooh" here.
- Through.

Nice, nice.

(both) I walk through...

The valley of the shadow...

(man) Visitor's here.

Oh, you know, just find
me later, Jose, okay?

(man) No, Thompson, for you.

For me?

Michelle?

Why are you here?

I brought someone to meet you.

Bayard Ellis, Mr. Thompson.

I work with Project Innocence.

I told him, Daddy, the truth.

That you never raped me.

[sighs]

[dramatic music]

- Synced and corrected by martythecrazy -
- www.addic7ed.com -

(Olivia) We just had a dedication ceremony.

Such a sweet boy. He has your smile.

If everything goes as planned,

then the adoption will
be official in a month.

Oh, well, congratulations, Olivia.

Thank you.

But I know that you
didn't invite me to dinner

to talk about Noah, so let's have it.

Reverend Scott asked me to look into a case

involving a congregant, Michelle Thompson.

Her father, Derek,

was convicted of raping her
17 years ago when she was six.

Convicted of raping his own daughter?

That's a tough case for
Project Innocence to get behind.

(Bayard) It is, but this case was primarily

made on Michelle's testimony.

Now, she's saying that she was
pressured by her mother to lie.

She wants to recant.

17 years after the fact.

Oh, she tried once before as a teen.

The original ADA and detective
argued against reopening.

Michelle went off the deep end
after that... drugs, alcohol.

She's recently found sobriety.

Hold on, so her recant is
part of a 12-step program?

That's not the most reliable
indicator of the truth.

Believe me. I've seen that pink cloud

"I forgive everyone" effect too.

That's why I need you to investigate.

Any DNA, forensics, any corroboration?

No, only... only her testimony

and some inconclusive medical symptoms.

Her mother, who has her
own substance abuse history,

made the initial 911 call.

Did you talk to the father?

Oh, sure, up at Green
Haven. He's a model prisoner.

I found him credible.

He's maintained his innocence for 17 years.

It's hard enough to prove that
someone is innocent of a crime.

It's harder, still, to
prove that that crime

itself never occurred.

So you thought of me.

Indeed, I did.

Bayard Ellis wants us

to reopen a 20-year-old incest rape?

Let him do the legwork.

Look, he just wants us to
see if there's anything there.

I mean, obviously, it's tough
to get a conviction reopened,

but Bayard Ellis, the guy's a legend.

If he thinks it's worth looking into...

Look, I know Ellis is your friend,

but do we really need
to work a closed case?

Nick, this isn't out of friendship.

And SVU didn't handle the case.

It was the local precinct
who hated Derek Thompson,

who really worked him over,

and when he finally got a lawyer...

Let me guess. First-year legal aide.

It was worse than that: it
was some down on her luck,

18-B rent-a-lawyer

who could hardly pay for
her transcript copies.

We're just gonna vet the case.

So the lead detective was
a guy named Ted McCormack,

and the ADA was O'Dwyer,
none of whom I've met.

Before your time, wow.

You missing Staten Island, Carisi?

But there is somebody coming
back to town who was here

when they built the place.

(Donald) Eileen's grandkids...
we spent the winter with them

in Fort Lauderdale after the cruise.

You know, I never thought I would say it,

but turns out there's
more to life than NYPD.

Oh, yeah?

Well, the place is
falling apart without you.

- Thanks, Nick.
- Okay, come on.

No more chitchat. Why are we here?

You have a victim who wants to recant?

17 years later.

Between her ninth step, Reverend
Curtis, and Bayard Ellis,

she's convinced the cops
and the DA blew the case.

It wasn't SVU.

It was up at your old house, the 2-7,

and we can't seem to get
in touch with this detective

who caught the case, Ted McCormack.

Ted McCormack.

Yeah, well, you may have a problem.

What, you knew McCormack?

Unfortunately, the guy
got bounced around a lot.

Never met a corner he didn't cut.

Okay, any chance you remember the DA,

O'Dwyer, Kenneth O'Dwyer?

O'Dwyer?

That must've been an early case of his.

He had family connections,
got his hands dirty for a year,

and then they bumped
him up to white collar.

What does he say about this?

- Haven't called him yet.
- Okay, good.

Hold off. He rides a high horse.

I know an old lifer back at the 2-7.

If I buy him lunch, he'll
dish like a Gossip Girl.

My mama was out.

She was drinking and drugging,
and my dad came home from work,

saw me and my baby brother making a mess.

I tried to make hot dogs and burned myself.

- He got angry.
- At you?

You shouldn't have been cooking at six.

Well, that's what my dad said.

My brother was crying. He was hungry.

Well, you tried.

And Daddy asked where
Mama was, if she was...

if she was drinking, and he put us to bed.

When she got home, they
started screaming at each other.

I was crying, so Mama came in.

I told her my hand got burnt,
and she looked at me strange

and said, "What did your daddy do to you?"

Do you remember how you responded?

Yeah.

I did not want her to be mad at me,

so I said it was daddy's fault,

and she kept asking questions.

What else did he do? Did
he touch me down there?

And every time I said
no, she got angry, so...

so I finally said yes.

The next morning, my daddy went to work.

She called the police.

Okay, so you're saying
that your father never

touched you at all that night.

No, he yelled and scared me, but no.

Okay, Michelle, you repeated the story

to the detective, the DA, to the jury.

Yeah, my mama said I had to keep saying it,

or people would be mad at me for lying.

Look, I just wanted everyone to be quiet.

Nothing happened that night.

I swear.

That man's a curse.

- Is he dead?
- He's not dead, ma'am.

Maybe we could come up. We
could ask you some questions.

I'm not letting no police up in my house.

What is this? He's not getting out, is he?

- We're looking into the case.
- He put you up to that?

No, actually, your daughter Michelle did.

What is it this week? She found Jesus?

She finished looking for the truth

down at the bottom of that bottle?

You know, you wait a week,
she'll change her mind.

She and her brother are both messed up

because of their father.

I'm done talking.

I'm late for work.

She's right back in that
apartment, 17 years ago.

Yeah.

She's holding on so tight
to the story she told then.

It's almost like she has to.

Well, this is why I don't
like reopening cases.

It's tough enough to
figure out at the time.

All these years later?

How are we ever gonna know?

_

(Derek) I never touched my little girl.

My wife lied, and she made Michelle lie.

There a reason your wife would
do that to you, Mr. Thompson?

You know, Audrey was an addict back then.

She used to come home with
this wild look in her eye.

It was dangerous.

But most of the time, I
knew to keep out of her way.

But not that night.

No, she left the kids alone.

They could've burned the house down.

All right, so you're saying
your wife made up a story

about you raping Michelle,
convinced her to lie,

and had you put in prison
because of a marital fight?

Don't you think I've been asking myself

that for the last 17 years?

Yeah, it's time enough to make up

a lot of excuses for yourself.

Yeah, but there was no evidence.

There were bruises. She was crying.

Not because of me.

Well, the police asked why there was semen

on your daughter's pajamas.

You said your wife had planted it.

- There was no semen.
- Exactly.

If you were innocent, why
didn't you just say that?

Because the police tricked me,

like you're trying to trick me right now.

We're not trying to trick you.

We just want to know
your side of the story.

You know, I've kept my
back to the wall in here.

I've tried to be a good father.

How so?

'Cause I write to Will
and Michelle every week,

and I tell them that I love them.

Their mother, Audrey, she's
never been there for them, man.

I'm still their father.

My daughter has admitted

that this whole story was made up.

Now, what more do I have to do?

It's a real honor to meet
you, Counselor Ellis, sir.

- Call me Bayard.
- Okay, wow.

Okay, Carisi, about the
meeting with Derek Thompson?

Right, right, he maintains his innocence,

which is to be expected,

but his version of that night
does match up with Michelle's.

- And she seemed credible.
- Yeah.

We're gonna need more than that
to convince the judge to reopen.

The Detective on the case,

Ted McCormack, has retired to Florida.

I've left more than a few
messages, but no call back yet.

Look who I picked up on the street.

- Captain.
- Amanda, it's good to see you.

So Captain Cragen, Councilor Ellis.

You two remember each other.

And this is Carisi.

- Call me Sonny.
- No one else does.

(Olivia) Captain Cragen has
some contacts up at the 2-7.

I asked him to look into this.

And you found something?

No, I didn't, and I'm not showing you this,

but it is addressed to Detective McCormack

and ADA O'Dwyer.

So if you were to
request it from his office

because maybe you saw it
in a precinct evidence log,

he would have to produce it.

And what is this that
you're not showing us?

(Nick) A letter Michelle's
first grade teacher wrote.

It says Michelle came to her crying

because her mother made
her lie to the police.

And this letter was sent
before the trial started?

Counselor, if I may,

if we can prove that the DA
had this potentially exculpatory

evidence and didn't
share it with the defense,

that's a slam dunk, right?

Now, just hold your horses there, Sonny.

It's possible O'Dwyer
did forward the letter.

And Thompson's defense just didn't use it?

Come on. This is awesome.

This means justice delayed does
not have to mean justice denied.

So you're new here.

_

(O'Dwyer) Tamsin, thank you.

This won't take long.

Bayard Ellis, how's life in Brooklyn?

Nice to see you, Counselor.

This is Sergeant Benson.

- I've heard good things.
- Well, then we're even.

The Thompson case.

My first win as lead prosecutor.

The jury deliberated for half an hour,

found him guilty on all
charges, open and shut.

Oh, you know me, Kenneth.
Absolutes give me hives.

The jury believed the victim.

I would think that would
give you comfort, Sergeant.

Usually, it does, but
the girl is now claiming

that she was forced to lie by her mother.

Again?

So you knew that she had recanted before?

As a teenager, she came to the police.

She said she was sorry.

The detective thought she
might've been on drugs.

He didn't find her credible.

But Michelle also told
her first grade teacher

that she lied, and that
was before the trial.

Now, the teacher wrote a letter

to you and Detective McCormack
detailing the disclosure.

I don't need to tell you that such a letter

would be exculpatory.

- No, you don't.
- I read the transcript.

Her letter was never
mentioned by the defense.

Well, you should ask
the defense about that.

I hope you're not accusing me
of prosecutorial misconduct.

Are you saying you turned that
letter over to the defense?

Absolutely.

In 1998, the attorney's
name was Cassie Muir,

and I have no idea why she
didn't bring it up at trial.

Derek Thompson raped his daughter.

If he has regrets about that now,

if his daughter has decided
she suddenly misses him,

that's a family tragedy, but
it doesn't make him innocent.

_

(Sonny) We spoke on the phone, Ms. Muir.

The Derek Thompson case.

Oh, my experience as a practicing lawyer

is part of my past

I choose to revisit as seldom as possible.

(Amanda) So you don't practice anymore?

No, I did get disbarred in '09,

although they never filed a complaint.

They said they sent a certified letter,

but I never got it, so by
the time I could fight it,

they'd already made up their minds.

Okay, well, we're here
about a different letter.

Oh, this is about the Derek Thompson case.

- So you do remember?
- Oh, of course I do.

The allegations were horrific,

but even a pedophile is
entitled to a defense.

Do you think he was guilty?

Oh, honey, they were all guilty.

Okay. Well, we found this letter.

It's from Michelle's first grade teacher.

It says that her mother
was coaching her to lie.

Uh-huh.

So do you remember getting
that from the DA's office?

Oh, Ken O'Dwyer and I
may have been adversaries,

but he always treated me with
respect, so yes, of course,

I remember getting that letter.

The teacher told us that you
never followed up with her.

Can you tell us why?

Well, I'm sure I had a good reason.

You must put a letter

like that in the context
of your whole defense.

Juries get upset.

It could backfire if you
go at a young girl too hard.

So Daddy's attorney had that letter?

She never even tried to talk

to your teacher, Mrs. Morgan.

Your teacher also says
that she sent a letter

to the lead detective.

So what do we do now?

I'll be filing a motion for 440 hearing

on grounds of ineffective
assistance of counsel.

The best case scenario...
your conviction is vacated,

and O'Dwyer agrees to drop the charges.

O'Dwyer. He hates me.

I can't get my hopes up on a scenario.

(Bayard) I can't promise an outcome,

but Judge Rosenbaum is hearing the case.

She's a progressive, outspoken
on reforming the system.

Her track record tends to
favor the defense in appeals.

Mr. Ellis is telling us we got a good shot.

Just have faith, Daddy.

I couldn't have said it better myself.

Yeah.

Counselor Ellis.

Oh, you look cheerful
considering Judge Rosenbaum

is about to vacate all
charges against my client.

You haven't heard?

Judge Rosenbaum suffered
a mini-stroke last night.

It's a shame.

Yes, it is. I'm willing to postpone.

There's no telling when she'll be back.

The case has already been
reassigned... Bertuccio.

Win some, lose some, Bayard.

Hey, everything all right?

There's been a change
in the judge for the case

that might not be in our favor.

Bayard, this is Michelle's brother, Will.

So glad that you're here.

Thank you for helping my father.

(man) All rise.

Thank you all for waiting,

and you may be seated.

Approach, Your Honor?

Whatever you need, Mr. Ellis.

Your Honor, it's my understanding

that you were just assigned this case.

Might I suggest a postponement?

Why? Who's not prepared?

The people are, Your Honor.

Well, I read the paperwork.

I'm good.

Mr. Ellis, you need a postponement?

No, Your Honor.

Well, then step back.

People versus Derek Thompson.

- I have a 440 motion.
- Your Honor.

We have a letter probative
of the defendant's innocence

that was never shown
to the jury by defense.

(Bertuccio) And that's
in the file, Mr. Ellis?

- Mm-hmm.
- Ah.

A letter from Ms. Thompson's
first grade teacher.

Mr. O'Dwyer?

Your Honor, counsel did
indeed have this letter

and chose not to introduce it.

I suspect the judge
would've ruled it as hearsay.

Even if it were admitted,

it strains credulity it would've

swayed that jury's unanimous
decision on all counts.

All right, just to be clear,

she told her teacher she was
coached by her mother to lie?

(Bayard) A recantation
she adamantly maintains.

But she testified to the rape at trial

after she spoke to the teacher.

We believe that testimony at trial

was given under maternal pressure.

Looking at this letter,
it may have been sufficient

to cast reasonable doubt on her testimony.

However, it was up to the
defense to introduce it,

and I'm curious as to why
the defendant didn't bring up

the issue of inadequate
counsel at the time.

My fear is that this appeal

is conveniently timed to
the victim's recent recant.

The failure to introduce this letter

alone does not rise to the level
of lack of effective counsel.

The motion is denied.

Mr. Thompson,

you are remanded back to
Green Haven Correctional,

and this hearing is adjourned.

Daddy, I'm sorry. I'm sorry.

Look, you got to do something.

- Michelle, he tried.
- Another appeal.

I don't know that we can.

No. No. You got my hopes up.

You got my Daddy's hopes up,

my little brother's for nothing.

I never should've trusted you, any of you.

Happy hour started early?

What she's having.

No good deed.

- Hmm.
- How's Michelle?

Reverend Curtis is with her.

He doesn't want her to spiral down.

- So the case is dead?
- It's on life support.

We've exhausted the state appeals.

The last recourse is to file a
Federal Habeas Corpus petition.

You'd need new evidence for that.

Well, if there is any, I
don't know where it's been

hiding all this time.

Amaro just texted. McCormack's in town.

The original detective.

I thought he wasn't returning our calls.

He wasn't. Cragen reached out.

He said he was worried that
some nutjob, Bayard Ellis,

was looking to reopen the case.

So McCormack's coming in to help SVU

make sure it stays buried?

(Donald) It's good to see you, Ted.

I didn't know if you'd remember me.

Captain Cragen.

We used to call you Captain
Crunch back in the day.

They didn't make you for
SVU. How long'd you last?

15 years.

Wow, no kidding? Who's the kid?

Nick Amaro.

Captain taught me everything I know.

Must not have taken very long.

Hey, so what can you tell us about

this piece of crap, Derek Thompson?

He's the lowest of the low.

Did his own daughter.

Project Innocence, huh?

I know they're bleeding hearts,

but you'd think they'd steer clear.

Well, his daughter hit bottom,

found Jesus, and the right
Reverend Curtis Scott.

Ah, that charlatan.

- Now I get it.
- He plays Ellis.

Ellis plays his new friends at City Hall...

- And here we are.
- This city.

Same crap, different
century. So what's going on?

Well...

The girl is claiming that
her mother made her lie.

Audrey? She would never.

She had her troubles,

but she was just trying
to protect those kids

from that pedophile.

She's all broken up about this.

So you spoke to Audrey Thompson?

Yeah.

I mean, she called me when
you guys started poking around.

After what she went through,

she still looks to me when
she needs a reality check.

So you stayed in touch after the case.

And before.

I broke up domestic disputes

there more times than I can count.

The guy had a history.

Escalated from slapping his
wife around to raping his kid.

Well, his defense found some letter

sent to you from a teacher
saying Audrey made Michelle lie.

Not a chance.

Derek has made a career out
of convincing that poor kid

he didn't do to her what he did.

And now she's recanting.

It shows you what a sick,
controlling waste of life he is.

It's what we figured.

Okay, Ted. Thanks again.

All right.

Either of you guys make it down to Florida,

I'll take you deep sea fishing, huh?

Florida... somehow I never make it there.

Hey, it was good talking to you, Nick.

I'd like to stick around, but Eileen

has roped me into a matinee.

Good luck, Captain.

So the detective working
the case keeps in touch

with the ex-wife of the accused?

It's awfully cozy.

Well, how many domestics did he respond to?

(Amanda) Three.

The last one, a week before the accusation.

What do we know about
McCormack's personal life?

Well, I'm gonna guess
drinking, messy home situation.

Yup, his wife filed for a divorce

two years after the case.

She died a year ago.

Can you pull up that divorce petition?

I'm already on it.

(Amanda) Yeah, look. Here we go.

Grounds cited: 174, adultery.

Co-respondent, Audrey Thompson.

So the detective on the case was sleeping

with the wife of the guy he arrested.

That might've been good
for a jury to know, right?

New evidence. Am I right, counselor?

Yeah. it's a start,

but we'd need to establish the relationship

began before the trial.

Oh, McCormack won't come clean on that.

And hotbox Audrey won't either.

Michelle and Will, six and four.

- Pretty young.
- You'd be surprised.

Kids pick up on more than you realize.

Michelle's fragile as it is.

Who wants to ask her
these kinds of questions?

_

(Will) Detective McCormack?

Yeah, he came around a
lot when Dad went away.

He'd come to your apartment?

Yeah, Mama said he was looking after us.

I just thought that's what cops did.

Do you remember the first time you met him?

- No.
- I do.

Before Christmas, Mama
and Daddy were fighting.

She knocked the tree over,
and Daddy shoved her away.

She called 911.

And Detective McCormack responded.

Yeah.

Do you remember anything

about the way he behaved
around your mother?

She was crying. I think he hugged her.

Okay, do you remember any other
physical contact between them?

Why are you asking us this?

Sergeant Benson may have found evidence

that your mother was involved
with Detective McCormack.

They were together?

Oh, my God.

We're not sure.

Do you either of you

remember a time when they
may have left together?

Yeah, she went away once for a weekend.

It was after Daddy was in jail.

I remember we went to Grandma's.

Oh, yeah, she brought us back

the snow globe and the pink flamingo.

So this is while your father was in jail,

but before the trial.

I'm trying to remember.

I don't know.

- I'm sorry.
- It's okay.

It's okay.

I know this is difficult.

(Nick) So Ted and Audrey

had known each other six
months by the time of the trial.

Can we prove that the
relationship was romantic?

Yeah, we can prove they
were both in Key West

on the same weekend in May.

(Bayard) Go on.

That weekend, Detective
McCormack was picking up a perp

at Monroe County Detention.

Oh, weekend getaway on the taxpayer's dime.

We know Audrey was there how?

I called the Monroe
County Sheriff's Office.

Guess who was charged with

disorderly intoxication that same weekend?

- Audrey Thompson.
- Yeah.

She pleaded down to a dis-con the next day.

My guess, that's when McCormack intervened.

So these two were hooking up

while Derek Thompson is awaiting trial.

They railroaded him, Sarge.

I mean, that's got to be enough

for a Federal Habeas Corpus, am I right?

I mean, maybe even ADA O'Dwyer

just drops the charges altogether.

Hey, you can ask, but
don't hold your breath.

(Bayard) Audrey Jones was
in Key West the same weekend

as Detective McCormack

one month prior to Derek Thompson's trial.

That's called a coincidence,
not a conspiracy.

The detective was there on police business.

(Bayard) Well, perhaps, but we believe

that police business provided him the cover

to fly in Ms. Jones for a romantic weekend.

There's absolutely no proof of that.

(Bayard) It's just common sense.

Audrey Jones was named
as the sole co-respondent

in Nora McCormack's divorce papers.

Detective McCormack never
should've been allowed

to testify against the
man that he was cuckolding.

The defense was deprived

the opportunity to question his motive.

I agree with you, Mr. Ellis.

Given this evidence,

I will grant the petition
for Habeas Corpus.

Mr. Thompson will be held pending retrial.

Wait, it worked?

Daddy, it's really happening.

Come here.

Retrial... why didn't he
just drop all the charges?

One step at a time.

(Will) This trial will be different, Dad.

We'll be right there with you.

With the new evidence, it's possible

that the jury will find reasonable doubt.

Congratulations, Counselor,
and you too, Mr. Thompson.

I'm sure you're eager to
move on with your life.

What can we do for you, Ken?

How would your client feel about
skipping a retrial altogether?

(Bayard) What are you offering?

Criminal sexual act in the first degree.

We agree to time served.

Just think about it.

- What does that mean?
- The DA wants to save face.

So? He'll let you out of jail.

Yeah, but I'd have a felony on my record.

And you'd stay on the
Sex Offender Registry.

You'd have to admit to
your guilt in open court

as part of the plea deal.

And I can't take that back.

Mr. Thompson, if you
take Mr. O'Dwyer's offer,

you will spare your daughter

from being cross-examined on the stand.

He'd really take this to trial again?

He really believes that you're guilty.

It's easier than accepting
he put an innocent man

in jail for 17 years.

No, all this time,

all I've had is the fact that I'm innocent,

and I would never hurt my daughter,

and he can't ask me to say I did.

He could keep you in prison
for the rest of your life.

Daddy, please.

No, it's the truth that's supposed

to set you free, not a lie.

- Counselor, good morning.
- Sergeant Benson, Mr. Ellis.

Well, your defendant
wanted his day in court.

- I hope he's ready for it.
- Oh, he is.

He's been thinking about it for 17 years.

Well, it didn't have to come to this.

I offered him a way out.

When a man refuses to plead guilty

to get out of jail, that
should tell you something.

It tells me he's a pathological narcissist.

If he really cared about
his children, his daughter,

he wouldn't put her through this.

He's not worried about her.

He's worried about his name, his ego.

Ego... it's funny you should mention that.

- Bayard...
- No, no, no.

Let Mr. Ellis speak his mind.
It's his favorite activity.

No one likes to admit to a mistake,

but Derek Thompson suffered a
horrible miscarriage of justice,

and we have the opportunity
to right a terrible wrong.

We?

It's not up to a DA, a lawyer,

or even a judge to
determine guilt or innocence.

It's up to a jury.

Good luck.

_

My daughter was crying when I came home.

I asked her why.

She said, "Daddy hurt me with his pee pee."

(O'Dwyer) And what did you do then?

That next morning, after Derek left,

I called the police,

and we made sure we got
Michelle to a doctor.

Can you tell me the name of
the investigating officer?

Detective McCormack.

And Detective McCormack was
someone you already knew?

Yes, he had responded to
several domestic violence calls.

Back then, Derek and I
used to really go at it,

but what we did to each other

was nothing compared to what
he did to Michelle that night.

Why'd you form a relationship
with Detective McCormack?

I knew me and my children
needed protection.

After that night, the only thing on my mind

was making sure that my children were safe.

Thank you, Ms. Jones.

You were involved with Detective McCormack.

You spent the weekend with
him in Florida, which we know

because you received a citation
for drunk and disorderly.

Was that vacation

before or after your ex-husband's trial?

Before, but that had
nothing to do with this case.

If that's true, why didn't
you or Detective McCormack

disclose your relationship to the DA

or your husband's defense counsel?

He was married.

It was wrong, but we didn't
want his wife to find out.

Or maybe you were afraid that if the jury

knew about your relationship,

they would've believe either of you.

- Objection.
- Withdrawn.

The night you claim your
daughter was assaulted,

what time did you come home?

I'm not sure.

Had you been drinking?

Yes.

I'm not proud about that.

It was late. You'd been drinking.

Did you get into a fight with your husband?

(Audrey) Yes.

And immediately after that, your daughter

supposedly disclosed to you that
her father had assaulted her?

She was hurt. She was... she was crying.

Yet you didn't seek
medical attention for her

or call the police that night.

I wanted to wait until my
husband was out of the house.

The next morning, when you knew

Detective McCormack would be on duty.

I wanted to wait until my
husband was out of the house.

Did Detective McCormack suggest to you

that if you wanted to get
your husband out of your life,

accusing him of sexual assault

was a far more potent weapon
than a domestic violence charge?

No. No.

So you came up with that idea on your own?

(O'Dwyer) Objection.

Withdrawn.

I wasn't the best father.

I didn't make enough money.

I worked long hours. I
couldn't always be there.

- But you tried to be?
- Yeah.

I did the best I could
to raise my children.

My wife... she wasn't interested in that,

Not after she turned to drugs and alcohol.

Is that why you kept in touch
with your children from prison?

Yes.

They needed parenting, even
if it was just through letters.

So once again, on the night in question,

did you sexually assault
your daughter Michelle?

Absolutely not.

Thank you, Mr. Thompson.

When the police initially questioned you

about your daughter's injuries,
the semen on her pajamas,

did you accuse your wife of planting it?

I only said that because
the police lied to me.

There was no semen.

Why didn't you just say that?

Because I was trying to make sense of it.

(O'Dwyer) Okay.

Mr. Thompson, the only
reason that we're here

is because your daughter

is now recanting her original statement.

You testified to writing her letters.

In those letters, did you ask her

to help you get out of prison?

Yes, because...

Do you think it's possible
that she's recanting now

because you manipulated her into it?

I only asked her to tell the truth.

Hadn't she done that already
to DAs, to detectives,

to the jury, under oath?

My ex told her to say those things.

(O'Dwyer) And now you're
telling her to say other things.

- Objection.
- Sustained.

(Michelle) When Detective
McCormack got there,

my mother made me tell
him that I'd been raped,

but that wasn't the truth.

(Bayard) Then why did
you continue to say it

even months later at trial?

I was six. I was scared of my mother.

I did what she told me to do.

I've regretted it every day of my life.

Thank you, Ms. Thompson.

You say your father did not rape you,

yet in your original testimony,
you claimed otherwise.

Will you read this for the jury?

"Daddy hurt me.

"He tucked me in,

"and then he tried to put
his penis in my vagina.

"It hurt a lot.

Then he put his finger inside me."

Do you recall saying those words?

Yes. I was forced to.

In a recent interview with SVU,

you said you burned your hand that night

trying to cook hot dogs.

Yes, my dad blamed my
mom for leaving us alone.

He got angry.

Oh, do you remember that?

I remember hearing them fight.

Do you remember which hand was burned?

My right hand. It hurt a lot.

(O'Dwyer) But when you went to
visit a doctor the next morning,

she examined the bruises on
your thighs, yet made no note

of a hand injury.

Did you forget to tell her?

I was there because my mom
made me say I'd been raped.

Is it possible that you
never burned your hand at all,

but your father convinced
you that this happened?

I don't think so.

But it is possible

that your mother convinced
you that you were raped,

even though you say that never happened?

Or maybe it's just easier
to believe that your father

didn't rape you.

- Objection.
- Sustained.

Did your father hurt you that night?

I know he didn't.

You know he didn't or do
you remember he didn't?

I don't remember him doing anything.

(O'Dwyer) Which isn't the same

as remembering that he didn't do anything.

Is this a story you've
been told to remember?

What?

(O'Dwyer) I'm gonna ask you
one more time, Ms. Thompson,

and I'm gonna remind you
that you're under oath.

Did your father rape you?

[somber music]

Did your father rape you?

I don't know. I was six.

[crying] I can't...

Daddy, I'm so sorry.

- Redirect, Your Honor.
- I'll allow it.

Michelle, I know it took a
lot for you to come up here

and testify today.

Just now, did you feel as if Mr. O'Dwyer

was bullying you?

- Yes.
- Did that confuse you?

Did you give him the answer

that you thought he wanted
to hear so that he would stop?

Yes.

Similar to what happened
to you with your mother

when you were six?

That's right.

(Bayard) Did your father ever do
that to you before you recanted?

No, not at all.

In fact, after your father was taken away,

you tried to tell the truth

to your teacher, to Detective McCormack,

and to ADA O'Dwyer.

Yes, but they wouldn't listen.

I'm listening, Michelle.

Did your father rape you that night?

No. No, he didn't.

Thank you.

Michelle, you all right?

What happened to me up there?

O'Dwyer kept going at you

until you said what he wanted you to say,

but Mr. Ellis is gonna
make sure that the jury

saw that for what it was.

If you say so.

When I was up there, I started wondering.

Am I doing all this
for my father or for me?

You have no idea what
it's like having everyone

think that my father did that to me.

I used to say he was dead.

I just want that part
of my life to be over.

It is.

You made sure that the
truth was heard this time.

Right, the truth.

The truth is, I don't really remember.

_

(Judge Kearns) Ladies
and gentleman of the jury,

have you reached a verdict?

(woman) We have, Your Honor.

On the charge of rape in the first degree,

we find the defendant, Derek Thompson,

not guilty.

Yes.

(Judge Kearns) The State of New
York thanks you for your service.

Derek Thompson, if there are no holds,

you are free to go.

[somber music]

Thank you, Olivia.

We did the right thing.

Did we?

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