All language subtitles for Close To Home s02e18 Making Amends.eng

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The police said because
of the statute of limitations,

there was nothing they could do.

In Indiana, rape
is a B Felony,

which means charges have to
be brought within five years.

I'm sorry for wasting
your time.

No, no, no, stay.
Tell me what happened.

It was the first and last
frat party I ever went to.

It was 11 years ago.

I was a freshman,

very naive.

He was a senior.

Seemed like a nice guy.

We'd been dancing
and talking.

And then suddenly
I felt really lightheaded,

like I was going to faint.

I think he must have

slipped something in my drink.

What happened next?

I told him
I wasn't feeling well.

And he said he would
get his coat

and walk me back to my dorm.

We went up to his room...

and then he locked the door.

He... he pushed me down
on the bed.

He pinned my arms
above my head...

...and tore my clothes off,

and then he raped me.

Did you call for help?

I screamed and screamed
like an animal

till I had no voice left.

But the music was too loud,
no one could hear me.

And then I realized no one
was going to come help me.

I wanted to die.

And then I must have passed out.

What's the next thing
you remember?

I woke up the next morning
shivering.

I was naked,

and he was actually sleeping
in the bed next to me,

like we were some happy couple.

I just got my clothes,
ran home and showered.

You realize you destroyed
any physical evidence, DNA?

I thought about that afterwards,
but I was just...

I was so in shock.

I felt so dirty, I just had to.

Did you report him
to the police?

I went to the university provost

but he told me that if I wanted
to file a complaint,

that O'Neil would have
to present

in order to
defend himself.

And at that time, I just...

I didn't have the strength to
face him or to go to the police.

I do now.

But I can't even bring
charges...

If Mr. O'Neil slipped something
in your drink,

that makes it a Class A felony,
no statute of limitations.

Then I want to press charges.

Why now after all this time?

Because he wrote me a letter.

He wrote you a letter
apologizing for raping you.

He said he wanted
to make amends.

He's in some 12-step program
and this is the ninth step.

Owning up to all the
harmful things you did before you were sober.

I mean, I've heard
a lot of "I'm so sorry,"

but not a single
"for raping you."

He's smart enough
not to expose himself

to further criminal liability
if he can help it.

So after the letter, you
exchanged e-mails for a month

and then agreed to
meet him for coffee?

I was trying to get him
to admit what he'd done.

You know, to say
it straight out.

Over the years,
other than the provost,

who else have you
told about this?

I never told anyone.

Not even my husband,
not until I got his letter.

How did your husband react?

He was hurt that I kept it a
secret from him all this time.

And shocked, because he had
known Tim O'Neil in college.

Why didn't you ever tell him?

I didn't want to be thought of
as damaged.

I just wanted to be me,
not a victim.

And I was managing fine
up until a month ago.

If Tim O'Neil

really wants to make amends,

he can do it from a jail cell.

This case is a dog with fleas.

11 years, no corroboration,
no forensics, no evidence.

O'Neil's letter is
practically a confession.

A good defense attorney
can make the distance

between practically
and actually

seem as wide as
the Gulf of Mexico.

Making amends?

He made her relive
the rape all over again.

He felt guilty, got
something off his chest,

and now he feels better
and her life is in turmoil.

We could at least look in
to settling the statute of limitations issue,

and talk to whomever we can
find who was there that night.

All right.

We'll have Ray talk
to Mr. O'Neil.

Maybe he can get him to say
something we can use.

I sent her the letter,

but I never expected
to hear back from her.

It's just something
that I had to do.

But then she sent me an e-mail

and we started going
back and forth online

about what had happened.

We even met for coffee.

Then you show up.

I mean, I never expected her to
go to the prosecutor's office.

Believe me, I never would
have sent her that letter

if I would have known.

We're still deciding
whether to press charges.

Look, I've got a
wife and two kids.

I can't go to prison.

Maybe if you told me
your side of the story?

We hooked up at a party
at my frat house.

It was one of those
situations, you know?

I thought we had
a good time together.

Well, she didn't.

She said she screamed,
tried to fight you off.

I don't know about that.

I had a lot to drink.

How long you been sober?

Four years, three months.

Ever since my oldest boy,
Michael, was born.

I'm two years in myself.

Gambler's Anonymous.

No kidding?

You used to hit it pretty hard?

If you call 11 straight weekends
in Vegas hitting it hard.

I lost $59,000,

my house and my fianc�e.

So I understand about making
things right.

What were you making
amends for, Tim?

It wasn't just a bad date?

I'm sorry if she felt
violated in some way.

Violated?

Did you violate her?

CONLON:
He actually said violated?

He stopped just short
of saying he raped her.

Did he acknowledge that
she said no repeatedly

at the top
of her lungs?

He said he might have
misread her signals.

What about date
rape drugs?

He said there were
definitely roofies

circulating at that party,
but he denied drugging her.

The most he would say
is it's possible

somebody slipped
her something.

What a weasel.

A weasel with a
guilty conscience.

So what do you think?

You want me to pick up lover boy
and start talking to witnesses?

From what he told you
and the letter,

I think we definitely have
enough

to convince a judge.
Yeah, pick him up.

Hey, babe.

Hey, buddy, how's it going?

Mr. O'Neil.

Yeah, what?

You're under arrest
for the rape of Ellen Pinter.

Tim, what's happening?

Don't worry about it, honey,
I'll deal with it.

You have the right
to remain silent.

You have the right
to counsel.

If you can't afford
an attorney...

I thought we understood
each other.

I never been to Vegas
in my life, brother.

Never been engaged.

Never crapped out
on my mortgage.

Me, I don't have to make amends.

You, you're just
getting started.

Becky, let me guess,
you're representing O'Neil.

Why is it rapists always
hire female attorneys.

Hmm, alleged rapists.

A copy of the motion I just
filed to dismiss your case.

You need a little
remedial math

over here in the
prosecutor's office.

This is a waste of paper.

There's no statute of
limitations issue here.

Oh, that's news to me.

He drugged her, Becky, that
makes it a Class A felony.

And your proof
of that is what?

A blood test?
A tox screen?

Point of clarification, we're
representing the victim.

You're defending the
guy who raped her and then 11 years later

felt kind of bad
about it, sort of.

Have you read
his letter?

That's what I'm basing my
character assessment on.

He doesn't say
he raped her.

He says he's sorry that
she felt badly about their encounter that night.

I know what it says.

Something that happens between
consenting adults is not...

They weren't adults,
and she didn't consent.

Tim O'Neil pulled
his life together

after nearly destroying
it with alcohol.

He's serious about
his recovery,

which is why he
wrote the letter.

Isn't that worth
some consideration?

Yeah, this much.

Becky, the man's a rapist.

You really see the world in
black and white, don't you?

People are either all good
or all bad to you.

Except they're not.

Who cares what
Becky Brokaw thinks?

I don't, I care
what you think.

You don't see the world
in black and white,

just in fewer shades
of gray than most people.

But that's what makes you
such a good prosecutor,

your emotional connection
to the victim.

I don't see any shades
of gray here

just because Tim O'Neil said
he was sorry, sort of.

I met Mrs. O'Neil
on the way in.

She had her two little
kids with her.

That must have
been awful.

Yeah. At least Tim O'Neil
expressed some remorse.

Most don't.

How many victims'
families have told us

just hearing the words
"I'm sorry"

would have made a difference?

I think you're
confusing remorse

with a guilty conscience.

What's the difference?

O'Neil may have
said I'm sorry,

but he has never
owned up to what he did.

Ellen Pinter needs to hear
him admit to raping her

and then apologize, and
if he won't say it,

I'll have a jury
say it for him.

If the judge lets you.

BROKAW:
Your Honor, the prosecution's

date rape drug scenario

is nothing but a
bad faith allegation,

a transparent
attempt to get past

the statute of
limitations.

The reckless disregard
for the minimum

standard of proof

is as suspicious
as this mystery drug

they're claiming was used
to subdue the victim.

This is a hyperbole-free
zone, Ms. Brokaw.

Ms. Chase.
Your Honor, as stated

in the charging information,
the people have reason

to believe that the victim was
drugged and subsequently raped,

which the law strictly
construes as the standard

for tolling the statute.

The victim's
uncorroborated testimony

includes the admission

that she consumed alcohol
on an empty stomach

and subsequently
felt lightheaded.

No quantum leap of logic

is needed.
Your Honor, it's for the jury,

not the defense, to determine
the credibility of the victim.

Thank you,
Ms. Chase,

I went to law school, too.

So now that everyone's
had their say,

I'll issue my ruling

within 24 hours.

CONLON:
Right now this case

rests solely
on Ellen Pinter's testimony

and Tim O'Neil's letter.

Now, barring
an actual confession

from O'Neil,
Fat chance.

we are in desperate need
of corroboration

of the events
that evening. Ray's talking

to potential witnesses,
but it's been 11 years.

Finding them is one thing.

Getting them to admit to
actually seeing something

is another thing
altogether.

We should talk to Mrs. Pinter's
husband, too.

Thank you, Sarah.

Judge Michaels' ruling.

This is moot if he
won't toll the statute.

"The allegation that
the defendant

"drugged the victim
before assaulting her

"satisfies the plain language
of the Class A felony rape.

"The information
is valid on its face.

No statute
of limitations applies."

Ellen Pinter's finally going
to get her day in court.

Annabeth.
Look, this case

is far from a cinch
for both sides.

I don't think Brokaw's
gonna want to take it

to trial either.
Either? I do.

I would hate to see him walk away because
of a hung jury-- or worse.

Thanks for the vote
of confidence.

Hey, this is not about you.

This case is iffy.

If O'Neil is willing
to add the postscript

"I'm guilty of raping you"
to his letter,

then I think
eight years is fair.

I'd say that's too
lenient by far.

Twelve.

Fine, 12. After the
arraignment, make the deal.

I think we both realize
no one's interests

will be best served
by a trial,

especially the victim's.

You won't like what
I'm going to offer.

Then let me go first.
Four years, two suspended.

Let's be serious.

What's serious?

Twelve.
12 years?

What is that, some kind of
vindictive Old Testament number?

11 years
of silence plus one?

11 years of
suffering plus one.

Contingent on a full
admission of guilt

and an apology
to the victim.

You are really
going for blood.

Take it or leave it.
No matter what

you think he did
11 years ago, Annabeth,

the jury is going to see
Tim O'Neil for who he is now.

Yeah, they are.

A man feigning remorse,

unwilling to accept
responsibility

and feeling entitled
to a group hug

instead of an appropriate
prison sentence.

12 years is unacceptable.

Then I'll see you at trial,
where you'll do a lot worse.

Ellen and I didn't meet
until the following semester.

I was the teaching
assistant in her IT class.

And you had no idea?

We've been married

for seven years, and
she never mentioned it.

Not until that
damn letter arrived.

Your wife said
you knew O'Neil.

Not very well.

We had friends in common.

He was always after me
to join the fraternity.

You weren't into it?

Not really.

These friends you had in common,

you think you could
give me a list of names,

the ones who might
still live in Indianapolis?

Anything I can do.

You've reconsidered?

What would your offer be

if my client were
to give you the name

of another man who
raped Ellen Pinter

on the night
in question?

She never said anything
about a second rape.

She didn't know.

She was unaware of being
assaulted by this man.

Because she was
unconscious at the time.

This other guy
is the individual

who drugged her at the party.

Mr. O'Neil, why didn't
you tell us this before?

You can only make
amends for yourself,

not for someone else.

Or you were holding it in
reserve as a bargaining chip.

BROKAW:
Annabeth, don't be cynical. This sounds like

an admission
of guilt. Not to drugging her.

Are you willing to come clean?

We'll consider it,

if we can reach a
reasonable compromise.

Less than 12.

If we can make a case
against the second rapist,

and if Mr. O'Neil allocutes
to his crime in open court

and apologizes to the victim.

Tim?

I just want to see
my kids grow up.

If making a deal
and testifying

is the only way,
then I'll do that.

What are you prepared
to say, Mr. O'Neil?

That I raped Ellen Pinter
that night,

and I have regretted
it ever since.

Satisfied?

???????????????

I can't wait to
tell Ellen Pinter

the worst experience
of her life is actually

far worse than she
ever imagined.

Don't put it off.

Maybe we should
have O'Neil

write her
another letter.

He has such a
way with words.

Ray, talk to us about
the second rapist.

Okay.

Alex Peterson, 33,
VP out of Downtown Brokerage.

He's supposed to be
a hard charger

with major upside
potential.

He's got a wife,
two kids, a Porsche

and a five-bedroom Colonial
outside in Crestview.

Same class as O'Neil,

president of the
fraternity at the time.

Make sure you get his
story on the record

so we have something to
impeach when he lies to us.

Impeach with what?

Testimony from the fraternity
brothers Ray's interviewed.

And if we can't find anyone
who'll tell us the truth?

These guys bond for life,
like a pack of wolves.

You have my word,
no sweeter deal

for O'Neil unless
we can corroborate

his story about Alex Peterson.

I'll break the news
to Ellen Pinter.

Tag along, Ray.
Moral support.

Did they plan this?

Did they see me at the party
and say "her,let's get her"?

I'm sorry, Ellen,
I can't answer that yet.

Is he the only other one,
or were there others?

Not according to O'Neil.

He wasn't even gonna mention
this until he had to.

ELLEN:
I feel sick.

I thought coming forward
would make things better.

PINTER:
If O'Neil testifies,

we're going to get
Peterson, too, right?

That's the plan.

Right now he's our only
witness to the second rape.

PINTER:
A confessed rapist

who's cutting a better deal
for himself.

We have to work
with what we've got.

Hopefully the jury will
take into account

that he came forward

in the first place
and find him credible.

BLACKWELL:
We're working on finding

other witnesses.
No one's gonna say a word.

Why would they after they've
kept quiet for 11 years?

People can surprise you

when they get the opportunity
to do the right thing.

You think?

Well, you have a lot higher
opinion of people than I do.

I can't handle this.
Ellen,

you came to us because
you wanted justice.

Let me try to get
it for you, please.

Alex Peterson?

Who's asking?

Ray Blackwell, prosecuting
attorney's office.

One of my guys dip into
petty cash or something?

This is about you, pal.

I'd like to ask
some questions.

About what?

About a fraternity party.

A fraternity party?

There must have
been hundreds of them.

Well, this one
was 11 years ago.

There was a young woman passed
out in an upstairs bedroom.

Like I said, those
parties were crazy.

She was drugged.

Jog your memory?

Or were there hundreds
of them, too?

I'll make my attorney available.

October,
you're talking about Bach,

first big party
as a pledge.

Bach? As in classical music?

As in Bacchus,

the Greek
god of wine.

He's a demigod,
actually.

If I recall,
you were praying

to the Greek demigod
of porcelain all night long.

When you're a pledge,
they build up Bacch

like it's going
to change your life.

Really it's just
like any other party.

A bunch of horny drunks

revving each other up
into the red zone.

Either of you see O'Neil
or Peterson that night?

It was a long time ago.

They must have been--
all the seniors were there.

What about O'Neil
or Peterson with this girl?

Don't remember her.

Nah, no, sorry.

Take another look.

She was raped that night

at your fraternity house,
at that party.

Not by us, brother.

My client denies knowing Ellen
Pinter, formerly Ellen Richards,

and has no knowledge
of the alleged events

of October 13, 1996.

His friend, Tim O'Neil,
tells a different story.

LAWYER:
The delirium tremens ravings

of an alcoholic
with a guilty conscience.

In this letter of his,
does O'Neil even mention

a second guy?

That's what I thought.

I'm sorry, I
interrupted you.

You were trying
to intimidate us?

Does your client
remember bringing roofies

to that fraternity party?

Roofies?

It's a date rape drug,
which, I'm sure you know.

Why would I need
a date rape drug?

Mr. Peterson has no recollection
of that particulararty.

Other witnesses will.

And this is his opportunity
to come forth

and tell the truth,
which will be taken

into consideration
during sentencing.

You're getting ahead
of yourself, counselor.

Other than the desperate
finger-pointing

of an alcoholic rapist,

you have exactly what
evidence against my client?

Something else you want to
tell me about that party?

I'm actually in a hurry.

Who's the Greek
demigod of lying?

Who had the roofies?

I don't know, but
everybody was talking

about them the
next morning.

Did you know what Peterson
and O'Neil were up to?

No, no way.

I swear, I didn't
see them with that girl.

What did you see?

It's time to be
a man, Brian.

Step up and tell the truth.

I was up on the second floor,
all right?

I saw Alex come out
of Tim's room.

You didn't see Ellen
Richards at all?

Well, not that night.

The next morning
I was downstairs early.

I saw her rush by,
looking kind of rough.

Did you speak to her?

No, I mean,

I asked if she was okay,

but she just blew
right past me.

Later on that morning,

I saw Alex and Tim
having this conversation.

Tim was really freaked out
about something,

but Alex just kept yelling
at him, telling him to shut up.

Either of them mention Ellen?

No.

When Alex saw me,

he kind of lost his cool
for a second.

What did he say?

Well...

he told me that
if I didn't say anything,

he'd make sure I got
accepted into the fraternity.

Did you?

I'm ashamed to say.

O'Neil's ready
to testify.

We've got a witness
to back up his story

about Peterson
possessing roofies.

This is a good day.

We should finalize
O'Neil's deal.

He pleads guilty

to aggravated
sexual assault.

Six years, serves four.

Please tell me
you're joking.

No less than ten
is acceptable.

Peterson will get 20 years.

If he's convicted.

His attorney will use
any deal with O'Neil

to club us over
the head with

and discredit
his testimony.

And the jury will look at O'Neil

and see a guy who eventually did
the right thing.

Because it's in his
own best interest.

If we have a tough deal
in place with him,

it at least makes
him more credible.

This might be one of those times

when seeing the world
in black and white

actually impairs
your vision.

You feel sorry for him?

I feel sorry for his family.

Cutting a sweetheart deal
with O'Neil goes

against everything--

call it whatever you want--

the reason I get up every
morning and go to work.

Well, that'll sound great
in your retirement speech.

However, for now,
you need to remember

that this is how business gets
done every day of the week

in every prosecutor's
office in this country.

?????????

question honestly.

The first time I catch you
in a lie, the deal is off.

I understand.

Whose idea was it
to rape Ellen Pinter?

The idea to, uh,
knock a girl out with roofies

and take
advantage of her...

You mean rape her.

That was Alex's.

And who picked out Ellen?

I did.

She was young

and pretty and...

Vulnerable?

I was drunk...

and aggressive
and ashamed of myself

pretty much as soon
as it was over.

So ashamed it took you
11 years to admit it.

I did a terrible thing.

I knew it.

I never did it again.

I'm not a terrible person.

You don't need to convince me of
that, Mr. O'Neil, just the jury.

CONLON:
So you hear from Ed?

Postcard.

Wish I was in Maui.

He says it rained every day.

He's a liar.

Speaking of it,
how is New York?

It's good.

Yeah? What'd Dr. Graham say?

Clean bill of health.

Nothing but acid reflux.

Oh, that's
fortunate, huh?

I know you had him on the phone
ten minutes after

I walked out of there.

I couldn't get him
to tell me a damn thing.

That's 'cause it's nothing,
trust me.

Alex Peterson?

Want me to tell sex crimes
to pick him up?

O'Neil puts him
in the bedroom,

but as a witness,
he's problematic.

Brian Hall puts him coming
out of the bedroom.

Husband Craig knows
more than he's saying.

Is this based on anything
more than the acid reflux

in your famous gut?

It's body language.

The way he acts with his wife.

He's dying to get something
off his chest.

But not to her.
That's why I thought

I'd drop by their house
a little later.

What now?

Ellen is already in bed.

Oh, I was hoping to have
a word with you.

Like I said, it's late.

For you too, right?

Come on.

It's buzzing around like
a hornet inside your head.

You're dying to tell

someone what you know.

Anybody but your wife.

I heard the rumor a week later.

It was all over campus

that O'Neil and Peterson drugged
and raped a girl

at the Bacch party.

Give me a name, Craig.

Alex Peterson.

He told you about
the roofies himself?

He was trying to be my buddy.

He invited me to the party
and offered me one,

said I should try it
out on somebody. Yeah?

But I never knew
who she was.

And I sure as hell didn't know
Ellen was the girl.

So you've known for a month

and said nothing.

I didn't want to make things
even worse for you.

But that's just what you did.

Ever since Craig admitted
to knowing about the roofies,

I... I feel so confused.

I know he says he was
trying to protect me,

but I feel like I
can't trust him.

Are you worried
about testifying?

Yes.

We won't call you
if you don't want us to.

Thank you.

I feel like my life,

my marriage,
it's all upside down.

I feel estranged
from my husband.

And the man that
I'm relying on for justice

is one of the men who raped me.

Well, we hope
to convince the jury

that he's trying
to make things right.

Because it's good for him.

Do you think he's really
sorry for what he did?

I don't know.

Are you sober?

Of course.

I couldn't do that to my family.

Making amends is the ninth step.

Do you remember the tenth?

Continue
to take personal inventory

and when I'm wrong...

promptly admit it.

That's just what
you're doing today.

ANNABETH:
Where was Alex Peterson while you raped Ellen?

Outside in the hall.

After I, uh...

finished, I let him in.

What was Ellen doing?

She'd passed out.

ANNABETH:
While you were raping her?

Yes.

And when Mr. Peterson
came into the room,

did he say anything?
Alex said

she looked like she was ready
to have a real good time.

And he was going
to give her one.

What happened next?

He raped her.

He raped her?
Yes.

While she was unconscious?

Yes.
And you were in the room the entire time?

You witnessed all of this?

Yes.

And after he was finished
with her?

He got dressed
and went downstairs to party.

What did you do?

I fell asleep.

You fell asleep next to the
woman you just raped?

Yes.

Mr. O'Neil,

why are you testifying
for the prosecution today?

It's part of
my plea agreement.

So after this trial,
you will be going to prison?

As soon as I finish testifying.

And as part
of your plea agreement,

did anyone ask you

to fabricate anything?

Exaggerate Mr. Peterson's
role in the crime

and diminish your own
culpability?

No.

Nothing further.

This plea agreement of yours,

how long will
you spend in prison?

The sentence is for six years.

How long would
you actually serve?

About four years.

And what kind of penalty

would you have faced
had you stood trial

like Alex Peterson?

Up to 20.

So by getting on the stand

and lying about Mr. Peterson,

you've been able to shave off

approximately 16 years
from your sentence.

Objection.
JUDGE: Sustained.

Did you tailor your testimony

to obtain this enviable
agreement

from the prosecutor's office?

No.
Isn't it true

that the entire plan to rape
Ms. Richards was your own?

No.
And when Alex Peterson

discovered what you had done,
he terminated his friendship

with you and had you expelled
from the fraternity.

I left on my own.

And subsequently fell
into an alcoholic stupor

that lasted for years.

Isn't that why you're here?

Not only to save
your own skin,

but to have revenge
on Mr. Peterson?

I came here to tell the truth.

And that's what I've done.

No point to any further
questions for this...

witness, Your Honor.

Redirect, Your Honor.
Proceed.

Mr. O'Neil, you came forward
earlier this year

of your own volition,
did you not?

To make amends
with Ellen Pinter.

To apologize for raping her
11 years ago.

And now that you're

about to go to prison,
do you regret coming forward?

We took advantage
of an innocent girl.

I have to pay a price

for that, and so does Alex.

ELLEN:
This feels so strange.

Tim O'Neil had his
12 steps to recovery.

This could be
one of yours.

They're taking
him to prison?

Right now?

Yeah.

Maybe he really does have
remorse for what he did to me.

Maybe he does.

One down, one to go.

Tonight

did you see Mr. Peterson?

Yes, on the second floor.

I saw Alex leaving Tim's room.

The next morning they were
having this heated discussion.

Alex must have thought
I'd overheard them.

Did you?

Only a little bit.

Tim seemed upset
but, uh...

Alex was laughing.

What did he say?
Alex said that

he was still the house's
number one virgin surgeon.

And what happened next?

Well, then Alex
promised me

that I would get
into the fraternity

if I didn't say anything.

A quid pro quo for your silence?

That's how I understood it, yes.

Thank you, Mr. Hall.

Alex Peterson explicitly
asked you to lie for him?

He promised he would
get me into the fraternity.

Did he ask you
not to tell anyone that

he had raped Ellen Richards?

Not in so many words.

In fact, not at all.

Alex was the one

that had the roofies
at the party.

I just put two and two together.

Did you see my client
distributing this controlled substance?

No, but other guys had said
that he had given them roofies.

Move to strike. Hearsay.

Sustained. Mr. Hall,

you'll limit
your testimony to those events

of which you have
only firsthand knowledge.

Do you have firsthand knowledge

that Alex Peterson drugged
and raped Ellen Richards?

No.

Nothing further
for this witness.

I had heard the rumors
about that party, but I didn't think they were true.

We had mutual friends.

Alex was after me
to join the fraternity.

The more I said no,
the more he pursued me.

He invited me to the party.

He said that it was going
to be the party of the year.

When I asked him why,
he said he'd show me.

And what did Alex Peterson
show you?

Roofies.

He said that he and O'Neil
were planning

on trying them out that night.

There was going
to be a lot of hot babes

at the party.

And he asked me
if I wanted one to use.

To use?

On a girl.

He was offering you

a date rape drug?

Yeah.

And did you accept?

No, of course not.

Thank you.

Your witness.

You testified that

you did not attend
the party in question.

That's correct.

I was at the library all night.

So you have no

firsthand knowledge
of any events

that may or may not
have occurred

at that party 11 years ago.

That's right.
So this story

of yours, Mr. Pinter,

that so conveniently fits
into the prosecution's case

like a missing piece
of a puzzle--

you didn't breathe

a word of this
to anyone for 11 years, did you?

No.

You didn't
tell the school.

No.

Or the police?

No.
And when you found out

that your wife
was the woman who, in fact,

had been raped at that party,

you didn't say anything
to her, did you?

No, I didn't.

But now,
to bolster a weak case

by the prosecution,
you've miraculously

unearthed this buried treasure
of a memory.

I now realize everything
I did was wrong.

That's why I'm here.

To tell the truth.

What's true

is that you would walk

into this courtroom
and say anything--

anything--
in front of this jury,

to crawl back into
your wife's good graces,

wouldn't you?

Objection.
Sustained.

Lower the rhetoric,
Mr. Matthews.

Nothing further, Your Honor.

The People rest, Your Honor.

Court will adjourn

until tomorrow,
at which time the defense

will have the opportunity
to present its case.

I'm not sure they'll
even put on a case.

You think Matthews
is that confident?

It's a jump ball.
Depends how O'Neil did with the jury.

If they bought
his act of contrition.

You don't think
they'll call Ellen? It's too risky

for Matthews. He'd have to
handle her with kid gloves.

Right. If it looks like he's
beating up on the victim...

What about Peterson?
If he puts

Peterson on the stand,
he risks having one of you two

expose him for the smirky
creep that he is.

I'm not sure
if Alex Peterson's ego

will let him stay off the stand.

Well, let's hope you're right.

If we get a shot at Peterson,
that would be a real break.

Mr. Matthews, are you ready
to call your first witness?

Yes, Your Honor.

Defense calls Ellen Pinter.

Your Honor, we were
not informed of this. We need time to prepare.

We're calling her as
a rebuttal witness, Your Honor.

To whose testimony, Counselor?

Timothy O'Neil.

I'll allow it.

The bailiff with locate
Ms. Pinter,

bring her to court.

We will reconvene
in one hour.

Mrs. Pinter,

do you see Timothy O'Neil
anywhere in this courtroom?

No.

Isn't he the man
who raped you?

One of them.

The only one
you were ever aware of.

The one you
identified.

The one who confessed.

The one who's now serving a
prison term for that crime.

Yes. But there
was a second one.

According to Tim O'Neil.

Yes.

When did you first
meet Mr. O'Neil?

When I was a freshman
in college.

Where were you
at the time of the crime?

At his fraternity house.

Mrs. Pinter, I'm very sorry
to have to put you through this.

If you'll just bear with me.

I won't ask you
to tell us

what happened that night.

We've already heard
Mr. O'Neil's testimony.

What he did to you.
Thank you.

While Mr. O'Neil
assaulted you,

were you conscious
the entire time? At first.

At some point before
he finished, I passed out.

Mrs. Pinter, have you ever
seen my client

before today?

Not in person, no.

Never?
No.

He made sure of that
when he and O'Neil drugged me.

Move to strike.
Mrs. Pinter,

please refrain
from offering commentary.

Before seeing
Alex Peterson in this courtroom,

you wouldn't have
known the difference

between Alex Peterson
and Payton Manning.

Yes.
So is it safe, then, to assume

that you never saw him drug you?

Never saw him commit
any crime at all?

The point of drugging a woman
so that you can rape her

is so that she won't be able
to identify you.

But you identified Tim O'Neil,
didn't you?

Well, he made his move
too soon.

He couldn't wait
until I passed out.

The fact remains
that you cannot identify

Alex Peterson as a person who
drugged and raped you, can you?

No.

As far as you know,
he never assaulted you.

As far as I know.

Mrs. Pinter, I'm very sorry for
what happened to you that night.

But the only one
you know for a fact

who assaulted you is who?

Tim O'Neil.

Nothing further.

JUDGE:
Ladies and gentlemen of the jury,

the bailiff has informed me
you've reached a verdict.

If the foreperson
could hand it to the bailiff.

In the matter
of the State of Indiana

v. Alexander David Peterson,

the jury finds the defendant...

...not guilty on all counts.

Hi.

I wanted to thank you for
everything you've done for me.

And everything you tried to do.

I just wish we could have
gotten a better result.

Well, what happens now
is more important to me

than what happened
inside that courtroom.

You're right.

You know, guys like Alex
Peterson, they never change.

He'll screw up again and we'll
put him where he belongs.

I look forward to that.

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