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Narrator:. In the criminal justice
system, the people are represented
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00:00:04,618 --> 00:00:07,018
by two separate yet
equally important groups-
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00:00:06,954 --> 00:00:08,819
the police
who investigate crime,
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00:00:08,778 --> 00:00:11,747
and the district attorneys
who prosecute the offenders.
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00:00:11,658 --> 00:00:13,319
These are their stories.
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00:00:16,650 --> 00:00:18,379
Paul!
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00:00:18,346 --> 00:00:20,837
I had your office try you
at home this morning.
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00:00:20,779 --> 00:00:22,804
You're still asking
for a severance.
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00:00:22,762 --> 00:00:26,198
Yeah. Almost not, given the number of
threats my client received this weekend.
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00:00:26,091 --> 00:00:29,424
Diane, we prepped him for this. He
wavers now, we're back where we started.
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00:00:29,323 --> 00:00:31,951
He's a kid- just the sight
of these two will freeze him.
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00:00:31,883 --> 00:00:33,976
That's their right.
To intimidate him?
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00:00:33,930 --> 00:00:36,865
we requested separate
transport vans.
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00:00:36,778 --> 00:00:39,338
Hopefully this thing'll
be short and sweet.
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00:00:54,731 --> 00:00:58,428
Bailiff:
Docket number 9357.
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00:00:58,315 --> 00:01:01,944
Motion to sever
defendant Ryan M. Cutrona
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from co-defendants
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00:01:04,011 --> 00:01:08,710
Howard S. Metzler
and Steven B. Hanauer.
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00:01:08,555 --> 00:01:11,388
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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00:01:15,627 --> 00:01:18,425
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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00:01:21,835 --> 00:01:24,963
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
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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00:03:32,652 --> 00:03:34,677
if he's facing
the exact same charges.
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00:03:34,637 --> 00:03:37,538
Oh, for crying-
the kid's terrified.
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00:03:37,453 --> 00:03:40,581
I offered to lower the charges
if he gave me pertinent information.
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00:03:40,493 --> 00:03:42,256
Okay, so where do we stand?
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I can prosecute either way,
with or without him,
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00:03:44,620 --> 00:03:47,054
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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00:03:48,845 --> 00:03:50,710
I'd rather have the truth than not.
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00:03:50,669 --> 00:03:52,728
Yeah.
So let's set it up.
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00:03:52,685 --> 00:03:54,243
we'll take a run at him.
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00:03:54,221 --> 00:03:57,156
Logan: Howard, how long
did you follow her for?
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00:03:57,069 --> 00:03:59,697
A couple blocks.
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00:03:59,629 --> 00:04:02,097
Did anybody talk about it
while you followed her?
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00:04:03,405 --> 00:04:06,101
we really didn't think
he'd go through with it.
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00:04:06,029 --> 00:04:09,226
Why? Did you talk
about it before?
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00:04:09,133 --> 00:04:11,101
Yeah.
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00:04:11,053 --> 00:04:12,987
Ryan said he wanted to.
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00:04:12,941 --> 00:04:15,705
We just thought...
we'd set him up,
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he'd back off, get scared.
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00:04:17,997 --> 00:04:18,986
That's not true.
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00:04:18,989 --> 00:04:20,980
Logan: Did you touch
Ms. DeVries at all?
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00:04:20,941 --> 00:04:22,704
Lawyer:.
We're clear on that issue, Detective.
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00:04:22,669 --> 00:04:25,297
My client stated
that he only watched.
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Logan: Did you want to touch her?
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00:04:30,669 --> 00:04:32,967
Ryan's the one who got off.
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00:04:36,557 --> 00:04:38,422
Hanauer's is worse.
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00:04:38,381 --> 00:04:41,145
He says you begged him
to help you do someone.
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00:04:41,069 --> 00:04:43,902
Says they even had
to stop you during the attack.
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00:04:45,197 --> 00:04:46,994
I don't want to see it.
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00:04:46,958 --> 00:04:48,687
It's just more lies.
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00:04:48,654 --> 00:04:50,622
why don't you
fill us in?
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I can't.
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00:04:55,213 --> 00:04:58,376
Ryan, whatever you're holding back
must be damning enough to scare them.
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00:04:58,285 --> 00:05:00,651
They're counting on your fear
to protect themselves.
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00:05:00,622 --> 00:05:03,147
I'll take
a lie detector test-
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00:05:03,085 --> 00:05:05,019
and prove that
I didn't do anything.
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00:05:04,974 --> 00:05:07,499
That's not enough for what
your buddies are telling us.
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00:05:07,438 --> 00:05:09,736
Ryan, you're accused
of raping a woman.
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00:05:13,326 --> 00:05:15,317
I'm 17.
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00:05:17,166 --> 00:05:20,260
I don't have a record.
You'll be tried as an adult.
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00:05:20,174 --> 00:05:22,233
Any jury that sees those tapes
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00:05:22,190 --> 00:05:25,387
will send you up for a lot more time
than your buddies'll do.
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00:05:32,558 --> 00:05:34,856
You know he didn't
run point on this.
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00:05:34,798 --> 00:05:36,595
I can't prosecute
on instincts.
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00:05:36,558 --> 00:05:38,526
She had bruises
on her wrists and ankles.
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00:05:38,478 --> 00:05:40,412
How many hands do you
think my client has?
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00:05:40,367 --> 00:05:42,597
Interesting defense.
You plan to out-prosecute me?
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00:05:42,542 --> 00:05:45,170
where are you going
to take this?
87
00:05:45,102 --> 00:05:47,764
I can only work
with what I have on hand,
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00:05:47,695 --> 00:05:49,560
and if your client plans to...
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00:05:49,518 --> 00:05:53,113
martyr himself with a heavier
sentence, that's not my problem.
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00:05:53,006 --> 00:05:56,498
I'll go after the others
as hard as I do your client.
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00:05:56,398 --> 00:05:59,663
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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00:06:03,310 --> 00:06:07,110
Because it's a game to these kids,
and I'm sure they were the driving force.
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00:06:06,991 --> 00:06:10,256
The Cutrona kid's holding something-
I have no idea what it is.
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00:06:10,159 --> 00:06:12,627
Nothing out of the transcripts
from the victim?
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00:06:12,558 --> 00:06:14,924
Her recollection
has been shaky at best.
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00:06:14,863 --> 00:06:17,525
She's pretty much repressed
the whole event.
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00:06:19,471 --> 00:06:21,336
She's what,
a reporter?
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00:06:21,295 --> 00:06:24,321
Reporter?
She does exploitive crap!
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00:06:24,239 --> 00:06:26,673
All sizzle and no steak.
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00:06:26,606 --> 00:06:28,471
Where is that coming from?
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00:06:28,431 --> 00:06:30,797
I'm sorry, Adam,
but I have to be honest.
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I want to put away
the scum that raped her,
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00:06:33,135 --> 00:06:36,969
but I don't have to embrace her journalism, her
lifestyle, her attitudes.
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00:06:36,847 --> 00:06:39,873
I don't like her and I don't think
a jury'll like her either.
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00:06:39,791 --> 00:06:42,282
Tough case without her
on the stand.
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00:06:42,223 --> 00:06:45,090
I wish that were
my only concern.
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00:06:45,007 --> 00:06:47,407
I feel like we're hitting
baseballs in the dark.
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00:06:47,343 --> 00:06:50,779
we've got enough with the tapes
and maybe the circumstantial
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00:06:50,671 --> 00:06:53,765
to put someone away-
probably the wrong kid.
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00:06:53,680 --> 00:06:55,807
which means that Metzler's
and Hanauer's people
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00:06:55,759 --> 00:06:57,852
will ask to be severed
from the Cutrona kid
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because
he'll take the fall,
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00:06:59,088 --> 00:07:01,283
then they get suspended
or greatly reduced.
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00:07:01,231 --> 00:07:03,791
Or maybe nothing.
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00:07:03,728 --> 00:07:05,958
No match
on the semen sample.
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00:07:05,904 --> 00:07:07,701
On any of them?
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00:07:07,663 --> 00:07:10,928
That could solve our entire dilemma.
we may be dead in the water.
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00:07:10,831 --> 00:07:12,731
Possibly
another assailant?
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00:07:12,687 --> 00:07:14,518
Never mentioned
by the others.
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00:07:14,479 --> 00:07:18,575
She was foggy the first few days on the
numbers, but since said it was three.
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what about a boyfriend?
I'll check.
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Just a minute-
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00:07:26,831 --> 00:07:29,664
did she state whether there
was penetration during the rape?
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00:07:29,584 --> 00:07:31,313
She's repressed it.
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00:07:31,279 --> 00:07:34,305
Rape kit findings at the hospital
indicate there was.
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00:07:34,224 --> 00:07:36,317
If there was no discharge
during the rape,
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00:07:36,272 --> 00:07:38,866
could be a boyfriend-
previous night, that morning.
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00:07:38,800 --> 00:07:41,291
well, find out.
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00:07:41,231 --> 00:07:44,257
Either way, we're hurt
without a DNA match.
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00:07:46,416 --> 00:07:48,350
Logan: Paul!
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00:07:48,303 --> 00:07:50,931
we're thinking
of requisitioning you
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00:07:50,864 --> 00:07:52,991
a flak jacket
for your birthday.
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00:07:52,944 --> 00:07:54,775
Yeah, it's all over
the precinct.
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00:07:54,736 --> 00:07:57,000
Last I heard he- what,
single-handedly disarmed the kid?
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00:07:56,943 --> 00:07:59,639
Crushed the gun
with his bare hands.
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00:08:07,664 --> 00:08:09,655
Monica DeVries
have a boyfriend?
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00:08:09,616 --> 00:08:11,413
Don't know. why,
are you in the market?
139
00:08:12,432 --> 00:08:13,831
Howwas she in the line-up?
140
00:08:15,408 --> 00:08:17,376
what do you mean?
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00:08:17,328 --> 00:08:19,091
Her confidence.
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00:08:19,056 --> 00:08:22,389
Not good, she wasn't
clear. And the perps?
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00:08:22,288 --> 00:08:24,654
The young kid was i
a giveaway, nervous.
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00:08:24,592 --> 00:08:26,253
He'd never been in a line-up.
145
00:08:27,792 --> 00:08:29,692
Is this thing unraveling?
146
00:08:29,648 --> 00:08:33,277
There's no DNA match
on the semen samples.
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00:08:33,169 --> 00:08:36,036
Come on, that's crap! They bragged
about it all over the neighborhood.
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00:08:35,952 --> 00:08:37,419
we got their confession
on tape!
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00:08:37,392 --> 00:08:39,087
Conflicting.
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00:08:39,056 --> 00:08:40,990
Yeah...
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00:08:40,945 --> 00:08:42,845
still.
152
00:08:44,721 --> 00:08:47,451
So there's no match
- that doesn't mean she wasn't raped.
153
00:08:49,521 --> 00:08:51,284
what are you gonna do?
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00:08:52,561 --> 00:08:54,825
Hope she slept with someone
before the attack.
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00:08:59,600 --> 00:09:01,795
Four in the last
half hour.
156
00:09:01,745 --> 00:09:04,111
Press thinks the case
may be slipping away.
157
00:09:04,048 --> 00:09:06,175
How do you think they'd react
if they sensed an opportunity
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00:09:06,129 --> 00:09:08,222
to publicly fry
one of their own?
159
00:09:08,177 --> 00:09:09,474
Meaning what?
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00:09:10,993 --> 00:09:12,984
Advance copy
of tomorrow's "Ledger. "
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00:09:16,369 --> 00:09:19,031
This backed up? They
know she's got a record.
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00:09:18,961 --> 00:09:22,192
A five-year-old bust.
She was there to research a story.
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00:09:22,097 --> 00:09:23,394
Can't we counter with a statement?
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00:09:23,377 --> 00:09:26,778
Like what?
"Everybody past fifth grade
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00:09:26,673 --> 00:09:28,698
should understand relevance"?
166
00:09:28,657 --> 00:09:32,115
Reasonable doubt in the mind of a jury,
the defense'll run with it.
167
00:09:33,650 --> 00:09:35,743
One drug arrest
five years ago.
168
00:09:35,697 --> 00:09:39,292
It's like another lifetime. But
now, because it's j on page six,
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00:09:39,185 --> 00:09:41,085
I can be raped
without penalty.
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00:09:41,041 --> 00:09:43,407
It's not a question
of abstract application
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00:09:43,346 --> 00:09:45,576
of the law, Ms. DeVries,
it's perception.
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00:09:45,522 --> 00:09:49,185
We're dealing with the collective minds
and morals of a jury.
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00:09:49,073 --> 00:09:51,473
Often, it's just a question
of cause and effect.
174
00:09:51,409 --> 00:09:54,401
what was she doing down there?
why was she dressed like that?
175
00:09:54,321 --> 00:09:57,017
And what's her background?
Jurors are not computers,
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00:09:56,945 --> 00:09:59,209
these things do have
an impact on them.
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00:09:59,154 --> 00:10:01,418
Maybe they'd like
to check between my toes
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00:10:01,361 --> 00:10:03,522
for needle marks before they rule.
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00:10:03,473 --> 00:10:05,566
I'll pass.
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00:10:05,522 --> 00:10:07,752
I've already been bent over once.
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00:10:14,002 --> 00:10:17,631
Unfortunately, we can no longer
prosecute without you on the stand.
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00:10:17,521 --> 00:10:21,719
You told me you had no problem
with me being off the stand,
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00:10:21,586 --> 00:10:23,884
that the drug arrest
might cloud the issue.
184
00:10:23,825 --> 00:10:26,953
In a perfect world it would,
but your friends in the fourth estate
185
00:10:26,865 --> 00:10:29,197
have taken that choice
out of our hands.
186
00:10:29,137 --> 00:10:32,072
Plus... we didn't get
a match on the DNA tests.
187
00:10:31,986 --> 00:10:33,977
what?! Do you have a boyfriend?
188
00:10:33,938 --> 00:10:36,304
Someone you might have
slept with before the attack?
189
00:10:37,682 --> 00:10:40,708
what the hell does that matter?
Does that mean I wasn't raped?
190
00:10:40,626 --> 00:10:42,821
The defense'll probably
ask for a blood sample.
191
00:10:42,770 --> 00:10:45,933
From every guy they think
I might have had sex with?
192
00:10:45,842 --> 00:10:48,333
Monica, I don't want
to diminish the rape,
193
00:10:48,274 --> 00:10:51,072
but you're a reporter,
try processing the facts.
194
00:10:50,994 --> 00:10:54,157
If it's the system you abhor,
make the decision.
195
00:10:54,066 --> 00:10:57,763
Do you want these people who
violated you to walk uncontested?
196
00:10:59,474 --> 00:11:01,635
No one in this room
has the ability
197
00:11:01,586 --> 00:11:03,781
to redesign
the entire railroad.
198
00:11:03,731 --> 00:11:06,928
So I should just lash myself
to the front of the train?
199
00:11:06,834 --> 00:11:09,325
Make my peers really happy.
200
00:11:09,266 --> 00:11:11,564
Give them a lot to write about.
201
00:11:12,594 --> 00:11:14,027
You think this is
enough newsprint
202
00:11:14,002 --> 00:11:16,937
dedicated to one
rape investigation?
203
00:11:16,850 --> 00:11:19,580
Everything but my name-
how polite of them.
204
00:11:19,506 --> 00:11:22,066
There's enough newsprint
that if you don't testify,
205
00:11:22,002 --> 00:11:24,698
you're sending a dangerous
message to the women of this city-
206
00:11:24,626 --> 00:11:28,619
that a rape victim's chances
forjustice are so slim,
207
00:11:28,499 --> 00:11:30,626
she might as well
not even press charges.
208
00:11:32,915 --> 00:11:35,907
You are a public figure.
People do watch what you do.
209
00:11:37,107 --> 00:11:38,972
It's difficult for any woman.
210
00:11:38,931 --> 00:11:42,025
I'd be lying to myself
if I thought it was easier for you.
211
00:11:44,243 --> 00:11:46,768
Testifying might be
the only way to counter this.
212
00:11:54,322 --> 00:11:56,347
"The Post," "The Times,"
213
00:11:56,307 --> 00:11:57,934
everything to "Vanity Fair. "
214
00:11:57,906 --> 00:12:00,500
She's right-
everybody's taken a shot.
215
00:12:00,435 --> 00:12:02,630
She's not named, but she's
well-known enough
216
00:12:02,579 --> 00:12:04,945
so the description
does just as much damage.
217
00:12:06,707 --> 00:12:08,766
who provided
the most coverage?
218
00:12:08,723 --> 00:12:10,247
"Post. "
219
00:12:10,227 --> 00:12:11,990
You know anyone
over there?
220
00:12:11,955 --> 00:12:14,048
One or two people, why?
221
00:12:14,003 --> 00:12:16,631
we need as much background
on her as possible.
222
00:12:16,563 --> 00:12:18,724
You think
she's still using?
223
00:12:20,084 --> 00:12:23,520
If she is, I'd like to know
before the rest of the world does.
224
00:12:24,915 --> 00:12:26,678
Thank you.
225
00:12:27,795 --> 00:12:30,127
Lunch?
Thanks a lot.
226
00:12:30,067 --> 00:12:32,194
Look, the bottom line is,
227
00:12:32,148 --> 00:12:34,582
nobody's gone too far.
228
00:12:34,515 --> 00:12:36,574
Every news source in town
has practically ID'd her.
229
00:12:36,531 --> 00:12:38,260
No more than any other
rape victim.
230
00:12:38,227 --> 00:12:40,491
"well-known investigative
reporter for local TV
231
00:12:40,436 --> 00:12:43,530
whose oft-criticized style of
sensational and exploitive coverage-"
232
00:12:43,443 --> 00:12:46,537
Listen, man,
she's a local minor celebrity,
233
00:12:46,452 --> 00:12:47,976
people want
to follow the case.
234
00:12:47,956 --> 00:12:51,357
The need to read drives the press to
print speculations like a drug habit?
235
00:12:51,252 --> 00:12:53,243
Can I put it this way?
Nobody I know
236
00:12:53,204 --> 00:12:55,399
is afraid of
a civil suit for libel.
237
00:12:55,348 --> 00:12:56,872
She says she's clean.
238
00:12:56,852 --> 00:12:59,753
Plus, I talked to her producers-
they verified the assignment.
239
00:12:59,668 --> 00:13:01,829
Her producers?
what are they going to say?
240
00:13:01,779 --> 00:13:04,543
She's a commodity, man.
You think they're going to burn her?
241
00:13:04,468 --> 00:13:06,595
But her peers will?
242
00:13:06,548 --> 00:13:07,981
Her peers?
243
00:13:07,956 --> 00:13:10,220
Maybe her peers think
she got what she deserved.
244
00:13:10,163 --> 00:13:13,690
why? Because they think she was buying
or because they think she's a bitch?
245
00:13:14,804 --> 00:13:18,467
Look, I'm not here
to make any accusations,
246
00:13:18,356 --> 00:13:22,315
but if you listen
to what the hallway rumors are,
247
00:13:22,196 --> 00:13:24,960
that's what she was down there for.
248
00:13:29,428 --> 00:13:32,022
Stone: How many assailants
were there, Ms. DeVries?
249
00:13:31,956 --> 00:13:34,447
There were three.
And did all three of these men
250
00:13:34,388 --> 00:13:37,084
attempt to engage in sexual
acts with you on that day?
251
00:13:37,012 --> 00:13:39,139
I think so.
You originally told police
252
00:13:39,092 --> 00:13:42,118
there may have been as many
as five assailants, is that not true?
253
00:13:42,037 --> 00:13:45,302
I was confused
- The hospital reports that you were traumatized,
254
00:13:45,204 --> 00:13:47,638
and suffering from trauma-induced
amnesia, is that correct?
255
00:13:47,572 --> 00:13:49,699
Yes, that's right.
Yet you remember now?
256
00:13:49,652 --> 00:13:52,018
Yes! You remember the
day and the time of day?
257
00:13:51,956 --> 00:13:55,255
Howwarm it was? So warm you
wanted to take your jacket off.
258
00:13:55,156 --> 00:13:57,624
You remember the stoop
that they forced you under,
259
00:13:57,556 --> 00:13:59,581
screaming for help,
and begging for mercy?
260
00:13:59,540 --> 00:14:03,374
Yes, that's right. Yet you cannot remember
how many men tried to have sex with you?!
261
00:14:03,253 --> 00:14:04,686
That's not the same thing!
262
00:14:04,661 --> 00:14:06,424
Did any of these men
try have sex with you?
263
00:14:06,389 --> 00:14:08,983
Yes, damn it! Then will you
submit to a drug test, Ms. DeVries?
264
00:14:08,917 --> 00:14:10,976
what the hell is going on?
265
00:14:10,933 --> 00:14:13,527
At that point, I'd jump up
and yell objection.
266
00:14:15,317 --> 00:14:17,046
And then what would happen?
267
00:14:17,012 --> 00:14:18,604
I'd argue relevance,
268
00:14:18,580 --> 00:14:21,606
the defense would state that
you were there to buy drugs,
269
00:14:21,525 --> 00:14:24,585
or already under
the influence of them.
270
00:14:24,501 --> 00:14:26,799
Thus your recall-
271
00:14:26,741 --> 00:14:29,039
or your actions-
272
00:14:28,981 --> 00:14:31,814
were radically different
from what we're stating.
273
00:14:32,661 --> 00:14:34,288
And you would say?
274
00:14:34,261 --> 00:14:36,354
I don't know.
275
00:14:36,308 --> 00:14:38,868
why don't you tell me?
276
00:14:40,789 --> 00:14:43,952
word has it, your habit is not
as old as you'd like to think.
277
00:14:47,125 --> 00:14:49,093
I was not high.
278
00:14:58,517 --> 00:15:00,644
Okay,
that's a start.
279
00:15:09,142 --> 00:15:10,973
were you there
to buy drugs?
280
00:15:12,149 --> 00:15:13,844
I was raped.
281
00:15:13,813 --> 00:15:16,976
what the hell difference does it make
why I was down there?
282
00:15:16,885 --> 00:15:18,182
It doesn't.
283
00:15:18,165 --> 00:15:21,430
I don't care if you were there
to buy a nuclear bomb.
284
00:15:22,293 --> 00:15:24,193
You are not on trial.
285
00:15:25,302 --> 00:15:27,600
But I cannot
prosecute effectively
286
00:15:27,542 --> 00:15:30,306
if I have to worry
what's around every corner.
287
00:15:38,742 --> 00:15:41,540
I asked them
if they had any coke for sale.
288
00:15:41,462 --> 00:15:44,590
Them-
the boys who raped you?
289
00:15:44,502 --> 00:15:45,833
It was for the story.
290
00:15:46,742 --> 00:15:48,733
To check on availability.
291
00:15:58,006 --> 00:15:59,997
Hurts us that she
initiated contact.
292
00:15:59,958 --> 00:16:02,688
The defense'll state
it could have been a come on.
293
00:16:02,614 --> 00:16:06,015
That's beatable
if the jury buys
294
00:16:05,910 --> 00:16:08,242
that her request
for coke was research.
295
00:16:08,182 --> 00:16:09,774
Do you?
No-
296
00:16:09,750 --> 00:16:11,445
but I don't have
any choice.
297
00:16:11,414 --> 00:16:13,644
It's her memory
I'm concerned about now.
298
00:16:13,590 --> 00:16:15,888
Her recollection
on a lot of the details
299
00:16:15,830 --> 00:16:17,491
did feel...
co-mingled.
300
00:16:17,463 --> 00:16:19,761
Could have been
culled from the papers.
301
00:16:19,702 --> 00:16:22,227
Yeah, too good on some,
non-existent on others.
302
00:16:22,166 --> 00:16:24,964
She remembered she scratched
someone, that her actual memory?
303
00:16:26,390 --> 00:16:28,324
"I remember...
304
00:16:28,278 --> 00:16:30,246
clawing at a sweaty face. "
305
00:16:30,198 --> 00:16:33,656
Police report does not list
scratches on any of the accused,
306
00:16:33,558 --> 00:16:35,788
and there was no tissue
under her fingernails.
307
00:16:35,734 --> 00:16:39,135
And "The Post" and another paper
both describe that in portrayal pieces.
308
00:16:41,334 --> 00:16:43,734
She hadn't talked
to any reporters.
309
00:16:44,822 --> 00:16:47,916
They took license,
did not present as fact,
310
00:16:47,830 --> 00:16:50,526
and she latched onto that.
311
00:16:50,455 --> 00:16:52,889
Do you think it was
a conscious attempt?
312
00:16:52,823 --> 00:16:54,518
My best guess, no.
313
00:16:54,487 --> 00:16:56,455
I'd say she's
filling in the blanks,
314
00:16:56,407 --> 00:16:58,466
and what better source
than news accounts?
315
00:17:00,310 --> 00:17:02,870
It makes her a liability
on the stand.
316
00:17:02,807 --> 00:17:05,776
which means we better find out
one way or the other.
317
00:17:10,103 --> 00:17:13,834
At this point, she had no
recollection of the event at all?
318
00:17:13,719 --> 00:17:17,155
She knewwhat had happened to her,
but only because she had been told.
319
00:17:17,047 --> 00:17:19,538
And she was still in physical pain.
320
00:17:20,791 --> 00:17:23,624
Any rule of thumb on how
much usually comes back?
321
00:17:23,543 --> 00:17:25,909
It differs case to case.
322
00:17:25,847 --> 00:17:27,246
Best hope scenario.
323
00:17:27,223 --> 00:17:30,715
Usually the mind
will only go so far.
324
00:17:30,615 --> 00:17:33,209
It'll fill in the areas
of information
325
00:17:33,143 --> 00:17:35,839
around the assault,
but it won't go
326
00:17:35,767 --> 00:17:38,565
all the way back
into the pain.
327
00:17:39,416 --> 00:17:41,577
Thanks.
328
00:17:41,527 --> 00:17:44,325
If we put her on the stand
now, they'll shred us.
329
00:17:46,840 --> 00:17:48,205
I don't know.
330
00:17:48,183 --> 00:17:50,515
The public hears
dismissal,
331
00:17:50,455 --> 00:17:52,582
they think the case
has been dropped.
332
00:17:52,535 --> 00:17:55,026
we'll be editorialized
from hell to breakfast.
333
00:17:54,968 --> 00:17:57,163
I'll re-file as soon
as something breaks.
334
00:17:57,111 --> 00:17:59,739
Yeah, well, they won't
let you finish the sentence.
335
00:17:59,672 --> 00:18:02,163
The press hears dismissal,
336
00:18:02,104 --> 00:18:03,537
that's it.
337
00:18:03,512 --> 00:18:04,979
Then you tell me
what to do.
338
00:18:04,951 --> 00:18:07,351
The judicial calendar has
already been announced.
339
00:18:07,288 --> 00:18:09,779
who did you draw?.
Scanlon.
340
00:18:09,720 --> 00:18:12,245
Tough on rape,
could have done worse.
341
00:18:12,184 --> 00:18:14,584
Adam, she had
poor recall
342
00:18:14,520 --> 00:18:17,080
in the mock cross,
and her own doctor
343
00:18:17,015 --> 00:18:19,142
doubts the details
have returned.
344
00:18:19,095 --> 00:18:21,359
That, combined with
the drug use rumor.
345
00:18:21,304 --> 00:18:23,272
The fact that she
asked about coke,
346
00:18:23,224 --> 00:18:26,250
whether it was research or not,
puts her in a pretty negative light.
347
00:18:26,168 --> 00:18:28,295
what about the gun charge
on Metzler?
348
00:18:28,248 --> 00:18:31,240
Criminal possession, third
degree, he never even fired it.
349
00:18:31,159 --> 00:18:34,185
He had intent but, with three court
officers wrestling for control-
350
00:18:34,104 --> 00:18:36,664
That's an "E" felony.
would you rather let him walk?
351
00:18:36,600 --> 00:18:38,227
It's his first offense.
352
00:18:38,200 --> 00:18:40,225
They'll plead to a
class "A" misdemeanor,
353
00:18:40,184 --> 00:18:42,379
he'll walk and then we'll
really look desperate.
354
00:18:42,328 --> 00:18:44,296
whew!
We'll hold it.
355
00:18:44,248 --> 00:18:46,409
we'll tack it on
the rape if we get it.
356
00:18:46,360 --> 00:18:48,225
All right, you just
do me the favor,
357
00:18:48,184 --> 00:18:50,311
and you go as fast
as you can to re-open.
358
00:18:50,264 --> 00:18:52,824
we'll get Greevey and Logan
back on the investigation.
359
00:18:52,760 --> 00:18:55,320
They'll find evidence to
open up the Cutrona kid.
360
00:18:55,257 --> 00:18:56,724
It lies with him.
361
00:18:56,696 --> 00:18:59,392
Somebody's gotta talk
to Monica DeVries.
362
00:19:00,440 --> 00:19:02,601
Stone:
We go into trial now and we lose,
363
00:19:02,552 --> 00:19:04,520
we cannot go
after them again ever.
364
00:19:10,105 --> 00:19:12,198
You asked me what
I thought the odds were,
365
00:19:12,152 --> 00:19:14,143
I'm giving you
a fair assessment.
366
00:19:14,105 --> 00:19:16,403
It'll be swept
into some pending file.
367
00:19:16,344 --> 00:19:18,608
Robinette: Monica, we're
not dropping the case.
368
00:19:18,552 --> 00:19:21,043
Oh, and we'll have a better
chance two months from now.
369
00:19:20,984 --> 00:19:24,215
Hopefully we can go in
with more substantive evidence.
370
00:19:24,120 --> 00:19:27,214
what more could you possibly need?
They've confessed!
371
00:19:27,129 --> 00:19:29,256
I need you on the stand
and I can't put you there.
372
00:19:29,209 --> 00:19:31,871
I agreed, for God's sake.
373
00:19:31,800 --> 00:19:33,427
You don't remember.
374
00:19:33,401 --> 00:19:35,232
what?
375
00:19:35,192 --> 00:19:37,023
You don't remember
the events.
376
00:19:36,985 --> 00:19:40,182
Your mind has picked up on a mixture of
facts and speculation from the news media
377
00:19:40,088 --> 00:19:43,216
and blended them together
into something that you believe.
378
00:19:43,129 --> 00:19:45,620
But if I put you on the stand,
379
00:19:45,561 --> 00:19:47,222
any defense attorney in this city
380
00:19:47,193 --> 00:19:50,287
will blow enough holes
in that case to bury us.
381
00:19:50,201 --> 00:19:52,567
what matters
is that they did it.
382
00:19:52,505 --> 00:19:54,302
Yes, that matters.
383
00:19:54,265 --> 00:19:56,756
But the three of us
knowing that in this room
384
00:19:56,697 --> 00:19:58,597
is not a substitute for proof.
385
00:19:58,553 --> 00:20:01,954
And I do intend to prove
that you were raped by these suspects.
386
00:20:06,009 --> 00:20:09,342
Bailiff:
Docket number 9357,
387
00:20:09,241 --> 00:20:11,232
motion to dismiss
388
00:20:11,193 --> 00:20:14,253
in People versus
Howard S. Metzler,
389
00:20:14,169 --> 00:20:16,262
Steven B. Hanauer,
390
00:20:16,217 --> 00:20:18,378
Ryan M. Cutrona.
391
00:20:18,329 --> 00:20:19,796
Mr. Robinette.
392
00:20:21,625 --> 00:20:24,719
Your Honor, with respect
to the People's motion,
393
00:20:24,634 --> 00:20:28,195
I'd like to reiterate the State's intention
to reopen this case
394
00:20:28,089 --> 00:20:30,853
on such a date when
further evidence is obtained.
395
00:20:30,777 --> 00:20:33,940
Otherwise, the People's position
is clearly stated
396
00:20:33,849 --> 00:20:36,044
in the papers filed earlier.
397
00:20:35,994 --> 00:20:38,827
Your comments are so noted,
Mr. Robinette.
398
00:20:41,402 --> 00:20:44,860
Case number 9357
is dismissed.
399
00:20:44,761 --> 00:20:46,820
Defendants are free to go.
400
00:21:16,250 --> 00:21:17,979
I'd just like
to get this case
401
00:21:17,946 --> 00:21:20,073
back up and running
as quickly as possible.
402
00:21:20,026 --> 00:21:22,722
If it sits, we run the risk
of it collapsing completely,
403
00:21:22,650 --> 00:21:24,675
and this case
is not un-winnable.
404
00:21:24,634 --> 00:21:26,795
wait a minute, we gave
you enough to prosecute.
405
00:21:26,746 --> 00:21:28,771
we're not the ones
who blew this thing.
406
00:21:28,730 --> 00:21:32,427
This is not an assessment of blame. It's
a petition to put the case back together.
407
00:21:32,314 --> 00:21:34,509
we've got a victim
who's co-mingling fact and fiction,
408
00:21:34,458 --> 00:21:37,325
and a defendant who's holding
back relevant information.
409
00:21:37,242 --> 00:21:38,607
So how do we get the truth?
410
00:21:38,586 --> 00:21:40,554
You made the motion
to dismiss...
411
00:21:40,506 --> 00:21:42,133
you got any ideas?
412
00:21:42,106 --> 00:21:44,700
No, I don't have any ideas!
That's why I'm here!
413
00:21:44,634 --> 00:21:48,195
All right, fellas, could we please
hold this down to a dull head stomp?
414
00:21:48,090 --> 00:21:49,990
we're thin.
415
00:21:49,946 --> 00:21:52,312
It's obvious they're
holding something back.
416
00:21:52,251 --> 00:21:55,277
If we weren't confident you could provide
that something for us,
417
00:21:55,194 --> 00:21:57,788
we would've taken
our shots with the jury.
418
00:21:57,722 --> 00:22:00,088
As for suggestions,
I don't have any ideas.
419
00:22:00,027 --> 00:22:02,188
We weren't able
to leverage Hanauer,
420
00:22:02,139 --> 00:22:04,801
or Metzler, and the younger kid
is not forthcoming.
421
00:22:04,731 --> 00:22:08,132
And he's not going to give it up
now that the case has been dismissed.
422
00:22:08,026 --> 00:22:09,391
But...
423
00:22:09,371 --> 00:22:11,202
if you guys
can find a back door...
424
00:22:11,162 --> 00:22:14,495
well, maybe we press
the two older kids-
425
00:22:14,394 --> 00:22:16,919
work some kind
of a play on them.
426
00:22:20,475 --> 00:22:22,534
we'll backtrack
through our notes,
427
00:22:22,491 --> 00:22:24,049
see what pops up.
428
00:22:26,683 --> 00:22:28,344
All right, three weeks,
429
00:22:28,315 --> 00:22:30,613
that's all I can afford
with their caseload.
430
00:22:30,554 --> 00:22:32,454
Thanks.
431
00:22:34,650 --> 00:22:36,880
Personal effects,
Monica DeVries.
432
00:22:36,827 --> 00:22:38,727
She never picked them up.
433
00:22:38,683 --> 00:22:41,413
Never will, either.
Reminds her too much.
434
00:22:41,339 --> 00:22:43,034
I can't say
as I blame her.
435
00:22:43,003 --> 00:22:45,403
Mind if I borrow this?
436
00:22:45,339 --> 00:22:48,308
Oh, no, Paul.
we have our own.
437
00:22:53,851 --> 00:22:55,341
All right.
438
00:22:55,323 --> 00:22:57,791
They stopped here around
3:50 in the afternoon.
439
00:22:57,723 --> 00:23:00,123
They forced her
down under that stoop.
440
00:23:00,060 --> 00:23:02,460
General disagreement
on who said what,
441
00:23:02,395 --> 00:23:03,623
blouse was ripped off,
442
00:23:03,611 --> 00:23:06,774
jacket pulled up
to hold her arms until it rips.
443
00:23:06,683 --> 00:23:09,174
Slight shoulder dislocation
during struggle.
444
00:23:09,115 --> 00:23:11,049
The- well,
445
00:23:11,003 --> 00:23:12,868
now we get into
a big discrepancy
446
00:23:12,827 --> 00:23:16,695
as to who was
actually on top of her.
447
00:23:16,572 --> 00:23:17,971
ER report-
448
00:23:17,948 --> 00:23:19,813
multiple attackers.
449
00:23:19,771 --> 00:23:21,671
How many of these buildings
did we canvas?
450
00:23:21,628 --> 00:23:24,392
we canvassed
both sides-
451
00:23:24,315 --> 00:23:26,306
whole block,
came up with nothing.
452
00:23:26,268 --> 00:23:28,361
No witnesses,
just a lot of listeners.
453
00:23:28,315 --> 00:23:30,146
It's the post
Kitty Genovese era.
454
00:23:30,108 --> 00:23:32,633
No one wants to look,
they think they'll get involved.
455
00:23:32,571 --> 00:23:34,368
This building
and the one next to it,
456
00:23:34,331 --> 00:23:37,129
weren't there a couple
of apartments we never got?
457
00:23:40,572 --> 00:23:42,699
Yeah, 1 B,
right here.
458
00:23:42,652 --> 00:23:44,586
Fifth, sixth
and 11th.
459
00:23:44,540 --> 00:23:47,475
Left notes each time.
Upstairs, same thing.
460
00:23:47,388 --> 00:23:50,016
Good a place as any.
461
00:23:49,948 --> 00:23:52,917
It's about the rape
that happened out front.
462
00:23:52,828 --> 00:23:54,352
woman:
I was gone.
463
00:23:54,331 --> 00:23:55,958
Upstate at my sister's.
464
00:23:55,932 --> 00:23:59,026
Did you hear anything from any
of the neighbors about that day?
465
00:23:58,940 --> 00:24:00,771
You still
haven't caught them?
466
00:24:00,732 --> 00:24:02,825
Logan: Hey, Max,
let me get in here.
467
00:24:04,988 --> 00:24:07,354
Yes, ma'am, we have.
we're just following up.
468
00:24:07,292 --> 00:24:09,920
we're wondering, did you
hear anything since then?
469
00:24:09,852 --> 00:24:11,080
Talk, rumors?
470
00:24:11,068 --> 00:24:13,059
I don't go out.
471
00:24:13,020 --> 00:24:15,488
This is as far out
in the world as I go
472
00:24:15,420 --> 00:24:17,513
without my son.
473
00:24:17,469 --> 00:24:19,699
You better believe
I wasn't at home.
474
00:24:19,644 --> 00:24:21,544
20 hours of labor.
475
00:24:21,500 --> 00:24:24,628
Besides, I called.
I left a message at the number you left.
476
00:24:26,205 --> 00:24:28,230
we never got it.
477
00:24:28,188 --> 00:24:31,385
what a surprise. Ms. Varella,
was there any talk in the building
478
00:24:31,292 --> 00:24:33,192
about what people
heard or saw?.
479
00:24:33,148 --> 00:24:36,584
Yeah, there were more people here in one
weekend than I've talked to in two years.
480
00:24:36,476 --> 00:24:38,740
How come you
only arrested three?
481
00:24:38,685 --> 00:24:40,448
why? Do you think
there was more?
482
00:24:40,412 --> 00:24:42,505
The guy down in "C," Silva,
483
00:24:42,461 --> 00:24:45,225
heard the whole thing.
Said it was six or seven?
484
00:24:45,149 --> 00:24:48,050
well... wasn't it?
485
00:24:50,653 --> 00:24:52,553
I heard the case
was dismissed.
486
00:24:52,509 --> 00:24:55,103
That doesn't mean
it's closed.
487
00:24:55,037 --> 00:24:57,130
Did you hear
the rape, Mr. Silva?
488
00:24:57,084 --> 00:24:58,813
Most of it.
489
00:24:58,781 --> 00:25:01,272
Although I wasn't sure
what was going on.
490
00:25:01,213 --> 00:25:03,408
I mean...
491
00:25:03,356 --> 00:25:05,449
this street.
492
00:25:05,405 --> 00:25:08,772
Didn't we talk to you?
we got a statement down from you.
493
00:25:10,237 --> 00:25:12,102
I said that I was gone.
494
00:25:15,741 --> 00:25:17,902
I was...
going through something
495
00:25:17,852 --> 00:25:20,013
with a friend of mine.
496
00:25:19,965 --> 00:25:22,160
I didn't want him
to know I was here.
497
00:25:23,677 --> 00:25:26,168
You didn't call 911
during the attack?
498
00:25:26,109 --> 00:25:28,100
I wasn't sure at first.
499
00:25:28,061 --> 00:25:29,460
Uh...
500
00:25:29,437 --> 00:25:31,496
I know
I was wrong not to.
501
00:25:31,453 --> 00:25:34,217
These kids
live around here.
502
00:25:34,141 --> 00:25:37,599
You know how much bashing goes on
on this block?
503
00:25:38,685 --> 00:25:40,243
Besides...
504
00:25:40,221 --> 00:25:42,314
I heard you were
making arrests, so...
505
00:25:42,269 --> 00:25:44,965
How many people
did you hear?
506
00:25:44,893 --> 00:25:47,327
I thought
I might have heard...
507
00:25:47,261 --> 00:25:49,320
five.
508
00:25:50,813 --> 00:25:52,303
I, uh- I-I-
509
00:25:52,285 --> 00:25:54,549
I guess I might
have heard three.
510
00:25:57,533 --> 00:26:00,263
I tell you, it's more of a mess now
than it was two months ago.
511
00:26:00,190 --> 00:26:03,523
People don't knowwhat they heard,
what they saw, what they didn't see,
512
00:26:03,422 --> 00:26:07,290
what they heard on the news, what they
heard on the street, in the newspapers.
513
00:26:07,165 --> 00:26:09,599
Maybe we'll get a guy
down here with a gold watch,
514
00:26:09,534 --> 00:26:11,297
hypnotizes the whole
neighborhood?
515
00:26:13,597 --> 00:26:15,064
what?
516
00:26:16,477 --> 00:26:19,207
why don't we take a
legitimate shot with the vic?
517
00:26:20,094 --> 00:26:22,858
Come on, Mike,
It's a weak case as is.
518
00:26:22,781 --> 00:26:26,308
You know how the courts stand
on that. Hit and miss at best.
519
00:26:26,206 --> 00:26:29,972
No, no, no. I'm not saying we provide
them with hypnotically-induced testimony,
520
00:26:29,853 --> 00:26:32,185
No, we'll use it
for investigation only.
521
00:26:36,573 --> 00:26:38,336
Talk to the DA.
522
00:26:41,694 --> 00:26:43,685
Robinette:
They don't always toss it,
523
00:26:43,646 --> 00:26:46,843
but they have been uneven
in accepting aided testimony.
524
00:26:46,750 --> 00:26:49,184
I know that.
That's not what we're asking.
525
00:26:49,118 --> 00:26:51,086
Look, we're up against
a wall here.
526
00:26:51,038 --> 00:26:52,733
I don't want
to put her under,
527
00:26:52,702 --> 00:26:54,499
have a new investigatory
line pop,
528
00:26:54,462 --> 00:26:57,022
then have the courts
tell you guys we can't use it.
529
00:26:58,430 --> 00:27:01,126
It's a good idea- try it,
but if anything new
530
00:27:01,054 --> 00:27:03,887
surfaces during the session,
we've got to link it
531
00:27:03,806 --> 00:27:06,206
to something substantive
down the line.
532
00:27:06,142 --> 00:27:08,440
As testimony,
I'd rather not use it at all,
533
00:27:08,382 --> 00:27:10,179
unless it's extremely
compelling.
534
00:27:11,486 --> 00:27:13,477
we'll let you know.
535
00:27:20,094 --> 00:27:21,925
we got bad news.
536
00:27:22,847 --> 00:27:24,747
It's the tox report.
537
00:27:24,703 --> 00:27:27,672
She left a brush and some other
effects with the police after the rape.
538
00:27:27,583 --> 00:27:30,609
The hair tested positive, but-
539
00:27:30,527 --> 00:27:32,256
we can probably counter it.
540
00:27:32,222 --> 00:27:34,520
It doesn't mean she was
using on that day.
541
00:27:40,319 --> 00:27:42,719
Paul, you made
a serious mistake here.
542
00:27:43,871 --> 00:27:46,499
You ordered a lab test
on what basis?
543
00:27:48,383 --> 00:27:50,078
It's for our knowledge only.
544
00:27:50,046 --> 00:27:51,911
I don't want
to prosecute her on it.
545
00:27:53,343 --> 00:27:55,607
what about her right to privacy?
546
00:27:55,550 --> 00:27:57,415
wait a minute.
547
00:27:57,375 --> 00:27:59,104
This is one of your
biggest concerns.
548
00:27:59,071 --> 00:28:01,562
"Let's find out before the
rest of the world does. "
549
00:28:01,503 --> 00:28:03,528
That is over the line.
550
00:28:05,215 --> 00:28:07,376
You mean to tell me
it's more important
551
00:28:07,327 --> 00:28:09,454
that we maintain some myth
of blind justice,
552
00:28:09,407 --> 00:28:11,466
walk into court
and get our butts kicked?
553
00:28:13,215 --> 00:28:15,513
You'd rather not know.
554
00:28:15,455 --> 00:28:19,482
Not if it means circumventing
a basic guaranteed right of the people.
555
00:28:19,359 --> 00:28:22,328
what about
the Supreme Court's stand
556
00:28:22,239 --> 00:28:25,640
on blind drug testing
- mandatory in certain job classifications?
557
00:28:25,535 --> 00:28:27,799
Not mandatory
when you're raped.
558
00:28:35,871 --> 00:28:38,601
Monica: "... It's a party,
" and they started to laugh.
559
00:28:38,528 --> 00:28:40,928
Doctor:. When they ask
where you were going,
560
00:28:40,864 --> 00:28:43,128
do you look
at their faces?
561
00:28:43,072 --> 00:28:46,564
Monica:
I think if I look right at them,
562
00:28:46,464 --> 00:28:50,332
they'll stop harassing me.
563
00:28:51,935 --> 00:28:54,130
What do their faces
look like?
564
00:28:58,719 --> 00:29:00,687
They're young.
565
00:29:02,272 --> 00:29:04,331
Late teens,
566
00:29:04,288 --> 00:29:06,051
early 20s.
567
00:29:08,159 --> 00:29:10,491
The youngest
looks frightened.
568
00:29:10,431 --> 00:29:12,956
The others
are bigger.
569
00:29:13,856 --> 00:29:15,983
They seem older.
570
00:29:18,207 --> 00:29:20,437
which one is the most...
571
00:29:20,384 --> 00:29:22,579
intimidating?
572
00:29:22,528 --> 00:29:25,053
The oldest.
573
00:29:27,264 --> 00:29:30,165
He doesn't have
any life in his eyes.
574
00:29:33,376 --> 00:29:35,936
I know he's
the most dangerous.
575
00:29:39,073 --> 00:29:41,701
He doesn't care
that I'm afraid.
576
00:29:43,456 --> 00:29:45,651
He's not excited by it-
577
00:29:47,457 --> 00:29:49,618
not like the other three.
578
00:29:49,568 --> 00:29:52,162
They're there for him.
579
00:29:56,000 --> 00:29:58,468
Monica, let's back up
for a second.
580
00:29:58,400 --> 00:30:01,335
when you were
describing the boys,
581
00:30:01,249 --> 00:30:05,618
did you mean to describe
three or four to me?
582
00:30:08,032 --> 00:30:09,727
Four.
583
00:30:09,696 --> 00:30:11,755
Are you sure?
584
00:30:12,961 --> 00:30:15,054
You're sure?
585
00:30:15,008 --> 00:30:17,442
Yes.
586
00:30:22,944 --> 00:30:24,741
Now I'm going to ask you
587
00:30:24,704 --> 00:30:26,865
to relax even further.
588
00:30:26,817 --> 00:30:28,717
Remember,
589
00:30:28,673 --> 00:30:31,642
these are only memories.
590
00:30:31,553 --> 00:30:34,078
They cannot hurt you.
591
00:30:35,968 --> 00:30:39,199
This fourth boy,
who is the oldest,
592
00:30:39,104 --> 00:30:41,766
focus in on him,
593
00:30:41,697 --> 00:30:44,723
and tell me
about his face.
594
00:30:47,297 --> 00:30:49,197
Gaunt.
595
00:30:52,193 --> 00:30:53,990
Drawn.
596
00:30:53,954 --> 00:30:56,184
Looks that-
597
00:30:56,129 --> 00:30:59,098
might once have been
good-looking.
598
00:31:01,313 --> 00:31:03,645
He has green eyes.
599
00:31:07,169 --> 00:31:09,729
He has a scar
over his right eye.
600
00:31:09,666 --> 00:31:12,692
His skin is pale.
601
00:31:13,889 --> 00:31:17,017
His hair looks unwashed.
602
00:31:16,930 --> 00:31:20,422
Did you, at any time
during the attack,
603
00:31:20,322 --> 00:31:22,916
hear his name used?
604
00:31:28,802 --> 00:31:30,793
Tim.
605
00:31:33,346 --> 00:31:35,371
we know there was
a fourth guy.
606
00:31:35,330 --> 00:31:37,924
we know he committed
the majority of the rape.
607
00:31:37,858 --> 00:31:41,521
we got his first name.
I say we use it against the other three.
608
00:31:41,409 --> 00:31:43,502
One of them's
bound to collapse.
609
00:31:43,458 --> 00:31:45,858
It would only tip our hand.
610
00:31:45,794 --> 00:31:47,853
Something in here
has got to lead to him.
611
00:31:47,810 --> 00:31:50,176
She told us
who did what,
612
00:31:50,114 --> 00:31:52,014
who held her,
who performed what acts,
613
00:31:51,969 --> 00:31:54,267
the fact that he tried to get her
to fellate him,
614
00:31:54,210 --> 00:31:55,768
the threats
to slash her face.
615
00:31:55,746 --> 00:31:57,976
we got everything we need
except the fourth guy.
616
00:31:57,921 --> 00:32:00,981
we pick him up, we get a blood
test to match on the semen sample,
617
00:32:00,898 --> 00:32:03,332
it's a slam dunk-
the other three go down with him.
618
00:32:03,266 --> 00:32:06,793
Fine, let's go pick him up.
His name's Tim.
619
00:32:06,690 --> 00:32:09,158
Come on, Max, you know
what the hell I'm talking about.
620
00:32:13,858 --> 00:32:15,792
All right, you want
to make a move?
621
00:32:15,746 --> 00:32:17,680
Let's check
the stoop for glass.
622
00:32:17,634 --> 00:32:19,329
what?!
623
00:32:19,298 --> 00:32:21,926
She remembered them
breaking a bottle,
624
00:32:21,858 --> 00:32:24,349
threatening to slash
her face, right?
625
00:32:25,538 --> 00:32:28,268
Two months later you think
we're going to find anything?
626
00:32:28,194 --> 00:32:30,526
when's the last time
you swept under your stoop?
627
00:32:32,866 --> 00:32:35,562
Ugh, this is
making me nauseous.
628
00:32:35,490 --> 00:32:38,186
Gee, that's funny, Max.
You ought to come down here.
629
00:32:38,114 --> 00:32:40,912
I was thinking of puking
just to improve the smell.
630
00:32:40,834 --> 00:32:42,961
Oop, more glass!
631
00:32:42,914 --> 00:32:46,008
Okay, send it up.
632
00:32:51,682 --> 00:32:54,617
Remind me never
to eat at your house.
633
00:32:54,530 --> 00:32:58,057
They're perfectly good tongs,
you think I'm going to throw them away?
634
00:32:57,954 --> 00:33:00,422
You got a couple of partials,
635
00:33:00,355 --> 00:33:03,222
third and fourth fingerprints
on one of the fragments,
636
00:33:03,139 --> 00:33:05,232
I think it's a bottleneck.
637
00:33:05,186 --> 00:33:09,316
Run a crosscheck on every set
we got, first name Tim, Timothy-
638
00:33:09,187 --> 00:33:10,848
do all the "T's"
just to be safe.
639
00:33:10,819 --> 00:33:12,548
It's going
to take some time.
640
00:33:12,515 --> 00:33:15,040
Hey, do I look
like I'm in a hurry?
641
00:33:14,978 --> 00:33:17,446
Timothy Pruiting!
642
00:33:17,379 --> 00:33:20,314
Three assaults, two narco pops,
one sale weight,
643
00:33:20,227 --> 00:33:22,889
partial matches on
middle and ring finger.
644
00:33:22,819 --> 00:33:25,982
Great. It's not enough-
they're only partial matches.
645
00:33:25,891 --> 00:33:29,190
There's at least 35 other
possible match ups here.
646
00:33:29,091 --> 00:33:31,184
Logan: He lives two
blocks from the scene.
647
00:33:31,139 --> 00:33:33,232
He's been popped for dealing.
648
00:33:33,187 --> 00:33:36,645
Narcotics says Metzler and Hanauer
have been running for him for months!
649
00:33:36,548 --> 00:33:38,379
Fine.
The prints place him at the scene,
650
00:33:38,339 --> 00:33:40,637
not the time, of the attack.
651
00:33:40,579 --> 00:33:42,774
we pop him,
he'll match on the DNA.
652
00:33:42,723 --> 00:33:46,454
And what if he doesn't? There's no sex
offenses here. what do we hold him on?
653
00:33:46,339 --> 00:33:49,570
I don't know.
This guy fits.
654
00:33:49,476 --> 00:33:53,105
Tulli down in narcotics
says he'd gut his mother for a nickel.
655
00:33:52,995 --> 00:33:56,556
The Cutrona kid's
probably scared to death.
656
00:33:56,452 --> 00:33:58,545
Look, guys,
657
00:33:58,499 --> 00:34:00,524
do I have to speak
slowly here?
658
00:34:00,484 --> 00:34:02,748
Yes, I think he's our guy.
659
00:34:02,691 --> 00:34:04,318
Yes, I would like
to pop him,
660
00:34:04,291 --> 00:34:06,623
but this thing has been
dismissed once already.
661
00:34:06,563 --> 00:34:09,396
we cannot go off half-cocked.
we need more.
662
00:34:09,315 --> 00:34:11,306
Like what?
663
00:34:11,267 --> 00:34:15,067
Like... testimony
from the Cutrona kid.
664
00:34:14,948 --> 00:34:16,939
A statement, anything.
665
00:34:18,403 --> 00:34:19,927
we'll give him a run.
666
00:34:20,963 --> 00:34:22,954
Good, Mike, because...
667
00:34:22,916 --> 00:34:25,885
I don't think he's gonna come
waltzing in here on his own!
668
00:34:32,643 --> 00:34:34,577
Logan:
we know he was there.
669
00:34:34,532 --> 00:34:37,000
we need you to testify
against him.
670
00:34:36,931 --> 00:34:41,265
You do that, the DA will reduce
the rape charges against you.
671
00:34:41,123 --> 00:34:42,784
How far?
You'd have to talk to Stone,
672
00:34:42,756 --> 00:34:45,418
but he assured me...
no time.
673
00:34:46,660 --> 00:34:48,525
what about working
for Pruiting?
674
00:34:48,484 --> 00:34:50,349
You're not up
on the drug charges.
675
00:34:50,308 --> 00:34:53,277
The hope is you
clean that up by yourself.
676
00:34:54,564 --> 00:34:56,532
He said he'd kill me.
677
00:34:56,484 --> 00:34:58,281
Max:
You let us worry about that.
678
00:34:58,244 --> 00:35:00,405
The truth is,
he's a punk.
679
00:35:00,356 --> 00:35:02,620
He's not going
to last long in prison.
680
00:35:02,564 --> 00:35:04,532
You'd be the least
of his problems.
681
00:35:15,429 --> 00:35:17,420
He'll testify.
682
00:35:40,037 --> 00:35:42,597
Police, Mr. Pruiting.
You're under arrest-
683
00:35:42,533 --> 00:35:44,057
Hold it!
684
00:35:44,036 --> 00:35:47,494
Get off of me, man! You're
charged with rape and assault.
685
00:35:47,397 --> 00:35:49,592
You have the right
to remain silent- Freeze!
686
00:35:49,540 --> 00:35:52,031
Those little bastards
ratted on me, man.
687
00:35:51,972 --> 00:35:54,304
I'm not going down alone!
688
00:35:54,244 --> 00:35:56,007
You hear me!
You think I'm lying?
689
00:35:55,973 --> 00:35:58,533
Those little jerks
were with me when we did it.
690
00:35:58,469 --> 00:36:00,960
I want those little humps!
Put something on.
691
00:36:00,901 --> 00:36:04,098
Little punks'll say whatever you
want to hear! Logan: Yeah, yeah.
692
00:36:36,166 --> 00:36:37,793
what the hell's
going on?
693
00:36:37,765 --> 00:36:39,824
when was he Mirandized
at the bust?
694
00:36:39,781 --> 00:36:42,978
Hey, that's crap if he's saying
he wasn't Mirandized.
695
00:36:42,886 --> 00:36:45,411
I read 'em as
we were taking him out.
696
00:36:45,350 --> 00:36:47,910
After he made
the statements.
697
00:36:47,845 --> 00:36:49,745
Are you gonna
tell us about our day?
698
00:36:49,702 --> 00:36:52,535
Sounds like spontaneous
declaration to me.
699
00:36:52,453 --> 00:36:55,286
Fine, it'll fall into "For what
it's worth," and I'll bury it.
700
00:36:55,206 --> 00:36:59,267
I'll be with my client. Let's
not have this take all day.
701
00:37:04,134 --> 00:37:05,965
Look,
702
00:37:05,926 --> 00:37:08,224
I started during
his statements.
703
00:37:08,165 --> 00:37:11,293
The guy was screaming like crazy,
then the girl made a move.
704
00:37:11,206 --> 00:37:13,367
I re-read them after everything
calmed down.
705
00:37:13,317 --> 00:37:15,478
Hey, this guy was
out of his mind high,
706
00:37:15,430 --> 00:37:17,227
he was blurting things out
left and right.
707
00:37:17,190 --> 00:37:19,750
It doesn't matter.
I'll make it admissible.
708
00:37:19,686 --> 00:37:21,654
Taggert'll take the wind out of it.
709
00:37:21,606 --> 00:37:24,200
The statements may be
too vague to help us anyway.
710
00:37:24,134 --> 00:37:26,602
So why aren't we asking
for a blood sample?
711
00:37:26,534 --> 00:37:28,001
Because we have
a problem.
712
00:37:27,974 --> 00:37:29,566
Oh?
713
00:37:29,542 --> 00:37:31,407
You can't subpoena
blood samples
714
00:37:31,366 --> 00:37:33,527
if you have nothing
to match it against.
715
00:37:36,134 --> 00:37:38,193
Forensics seems to have...
716
00:37:38,150 --> 00:37:40,516
misplaced the rape samples.
717
00:37:40,454 --> 00:37:42,479
what?!
718
00:37:44,326 --> 00:37:46,260
This is unbelievable.
719
00:37:46,214 --> 00:37:48,182
They're continuing to look,
but my guess is
720
00:37:48,134 --> 00:37:51,661
some idiot saw the paperwork come through
on the dismissal and out they went.
721
00:37:51,559 --> 00:37:53,151
That's incredible.
722
00:37:53,126 --> 00:37:56,220
which leaves us
with not much.
723
00:37:56,134 --> 00:37:57,658
what do you want to do?
724
00:37:57,638 --> 00:37:59,799
Stone: That's what
we're here to decide.
725
00:37:59,750 --> 00:38:02,014
I can't justify
much longer
726
00:38:01,959 --> 00:38:04,154
detaining Pruiting
to his lawyers.
727
00:38:04,102 --> 00:38:06,662
Even with the Cutrona
kid's statement?
728
00:38:06,599 --> 00:38:08,533
That's an uncorroborated
statement
729
00:38:08,486 --> 00:38:10,113
from an accomplice.
730
00:38:10,087 --> 00:38:12,351
we need something
to back that up with.
731
00:38:16,166 --> 00:38:18,066
How long can you
justify holding him?
732
00:38:20,966 --> 00:38:23,434
Duck a couple of phone calls
from his attorney.
733
00:38:23,367 --> 00:38:25,130
After that...
734
00:38:25,095 --> 00:38:27,586
After that,
you lose the paperwork.
735
00:38:27,527 --> 00:38:29,825
Max, what is this?
736
00:38:29,766 --> 00:38:33,429
Last shot- get Metzler
and Hanauer to roll.
737
00:38:33,319 --> 00:38:35,810
we got no leverage-
what the hell is going on?
738
00:38:37,703 --> 00:38:40,695
Max, no deals.
I want the other two as much as Pruiting.
739
00:38:51,783 --> 00:38:54,149
Max: Look at those mooks,
still selling crack.
740
00:38:59,112 --> 00:39:01,080
Gentlemen.
741
00:39:01,032 --> 00:39:03,500
If this is a roust,
you've got no cause.
742
00:39:03,431 --> 00:39:05,524
You think we
need cause, ant brain?
743
00:39:05,480 --> 00:39:08,574
You think we don't know
how to move vials, huh?
744
00:39:08,487 --> 00:39:10,614
Hey, Mike.
Come on.
745
00:39:12,296 --> 00:39:15,527
No roust, no charges,
no interrogation.
746
00:39:15,432 --> 00:39:17,798
You just come in,
make some statements,
747
00:39:17,735 --> 00:39:19,464
we listen-
Listen to what?
748
00:39:19,431 --> 00:39:21,296
Your version
of what happened.
749
00:39:21,255 --> 00:39:23,883
Since Tim Pruiting's
been in all day screaming
750
00:39:23,816 --> 00:39:26,512
that he didn't rape
Monica DeVries. what?
751
00:39:26,440 --> 00:39:28,806
He says
it was you guys.
752
00:39:28,743 --> 00:39:30,904
You're full of it.
753
00:39:30,855 --> 00:39:33,221
watch your mouth.
754
00:39:33,160 --> 00:39:35,856
You think I pulled
that name out of thin air?
755
00:39:35,784 --> 00:39:39,151
You want me
to describe his place?
756
00:39:39,047 --> 00:39:41,880
In fact, we can drop by. I'll show you
what a mess we made during the bust.
757
00:39:41,800 --> 00:39:43,825
Is he saying we did her?
That's a load.
758
00:39:43,783 --> 00:39:45,978
Hey, you don't
have to convince us,
759
00:39:45,928 --> 00:39:47,486
we know he did her...
760
00:39:47,464 --> 00:39:50,228
but we gotta
pop somebody for it.
761
00:39:50,151 --> 00:39:51,812
It's bull!
762
00:39:51,784 --> 00:39:53,581
You want us to roll.
763
00:39:53,544 --> 00:39:56,342
we already
arrested him, genius.
764
00:39:56,263 --> 00:39:58,356
we don't need you
to incriminate him.
765
00:39:58,312 --> 00:40:01,475
So we're not
under arrest?
766
00:40:01,384 --> 00:40:03,318
Absolutely not.
767
00:40:04,295 --> 00:40:05,728
Unless...
768
00:40:05,704 --> 00:40:08,867
he convinces us
that he's right.
769
00:40:13,032 --> 00:40:14,829
It can't be
used against us?
770
00:40:14,792 --> 00:40:17,056
That's the deal.
771
00:40:17,000 --> 00:40:18,763
Tell you what.
772
00:40:18,728 --> 00:40:20,787
I'll make it really easy.
773
00:40:20,744 --> 00:40:23,645
I'll call Legal Aid.
774
00:40:23,560 --> 00:40:25,528
They'll set up a room.
775
00:40:25,480 --> 00:40:28,313
You come in, in and out,
776
00:40:28,232 --> 00:40:31,759
no hanging around.
Give me a quarter.
777
00:40:31,656 --> 00:40:33,749
what?
Give me a quarter.
778
00:40:36,328 --> 00:40:37,886
what are you doing?
779
00:40:37,864 --> 00:40:39,764
Huh?
780
00:40:45,992 --> 00:40:49,428
Hey, that's great, Max. Nowwe
got even more unusable statements.
781
00:40:49,320 --> 00:40:51,788
Think so?
Who you calling?
782
00:40:52,712 --> 00:40:54,077
Marie.
783
00:40:57,033 --> 00:41:00,867
Think they have a reasonable
expectation of privacy right now.
784
00:41:02,377 --> 00:41:04,174
Hi, honey, it's me.
785
00:41:04,137 --> 00:41:05,934
I'll probably be
late tonight.
786
00:41:09,480 --> 00:41:11,505
You're out of your mind,
you know that?
787
00:41:11,465 --> 00:41:13,456
Stone's going to blow
a fuse over this
788
00:41:13,416 --> 00:41:15,407
and Cragen'll strap us
to our desks forever.
789
00:41:15,369 --> 00:41:17,166
wrong, Detective.
790
00:41:17,129 --> 00:41:20,860
They are not under arrest.
791
00:41:22,217 --> 00:41:23,707
Oooh.
792
00:41:23,689 --> 00:41:26,715
Hanauer's voice:
Because if he is, I'm not taking the fall,
793
00:41:26,633 --> 00:41:29,534
and neither should you.
We didn't do her. He got off on it.
794
00:41:29,449 --> 00:41:32,179
Metzler:. What's all this crap
about keeping our mouth's shut?
795
00:41:32,105 --> 00:41:34,073
He tells us
they got no evidence
796
00:41:34,025 --> 00:41:36,425
'cause he's the only one
who'll match the load,
797
00:41:36,361 --> 00:41:38,852
and he gets picked up
and rolls? Screw him!
798
00:41:38,793 --> 00:41:41,353
Look, we know what we did,
we just tell it straight.
799
00:41:41,289 --> 00:41:44,122
All we did was hold her,
maybe some other stupid stuff,
800
00:41:44,041 --> 00:41:46,475
but we 're not riding down
for Pruiting.
801
00:41:46,409 --> 00:41:48,343
All right,
so it's damning.
802
00:41:48,297 --> 00:41:51,164
Do I have to
run a list here, Stone?
803
00:41:51,081 --> 00:41:54,642
M iranda, Bartolameo,
the Supreme Court's Minnick decision.
804
00:41:54,538 --> 00:41:56,699
The whole thing's
illegally obtained.
805
00:41:56,649 --> 00:41:58,310
They were both
represented by counsel.
806
00:41:58,282 --> 00:42:00,307
Not for the past two months,
they weren't.
807
00:42:00,265 --> 00:42:03,564
There were no charges pending. There
was no accusatory instrument pending,
808
00:42:03,465 --> 00:42:05,831
no outstanding indictment.
You know as well as I do
809
00:42:05,769 --> 00:42:07,999
that Minnick provides
nothing new in New York.
810
00:42:07,945 --> 00:42:09,708
what about their privacy?
811
00:42:11,306 --> 00:42:14,901
The court's stance on the expectation
of privacy is fairly clear.
812
00:42:14,794 --> 00:42:18,025
Please! They were
sitting in a cop car.
813
00:42:17,930 --> 00:42:21,957
with the doors wide open,
in the middle of the day, in a city street.
814
00:42:21,833 --> 00:42:25,769
You think there's a greater expectation
of privacy there than on a cordless phone?
815
00:42:25,642 --> 00:42:28,406
And I'm sure you know
the court's stance on that.
816
00:42:28,330 --> 00:42:30,127
It's debatable.
817
00:42:30,090 --> 00:42:32,354
That's not debatable,
that's precedent.
818
00:42:32,297 --> 00:42:34,857
And that's what
I'm going into court with.
819
00:42:34,794 --> 00:42:36,762
You did good work.
820
00:42:36,714 --> 00:42:39,205
Make sure it doesn't
get thrown out of court.
821
00:42:39,146 --> 00:42:41,910
I can't be sure of anything,
but I do knowwhat I believe in,
822
00:42:41,834 --> 00:42:44,029
and I believe you didn't
violate the system.
823
00:42:43,978 --> 00:42:46,071
want to re-arrest
Hanauer and Metzler?
824
00:42:46,026 --> 00:42:48,859
Absolutely. No bargains.
The charge is rape.
825
00:42:48,809 --> 00:42:51,778
we'll let their defense attorneys
figure out if they want to sever or not.
826
00:42:51,690 --> 00:42:53,590
I'm sure they know
the procedure by now.
827
00:42:53,546 --> 00:42:55,639
what do you want to do
with the Cutrona kid?
828
00:42:55,594 --> 00:42:59,086
Him we need. Paul's going to
bring him in for a statement.
829
00:42:58,986 --> 00:43:01,477
I can use that
instead of the DNA match.
830
00:43:01,418 --> 00:43:03,079
well, our boy Pruiting
831
00:43:03,050 --> 00:43:05,780
just tried to sell everyone he knows
during booking-
832
00:43:05,706 --> 00:43:07,970
crack dealers, peepers-
833
00:43:07,914 --> 00:43:09,814
all in the hopes
of landing a deal.
834
00:43:09,771 --> 00:43:12,365
Hell of a guy.
835
00:43:12,299 --> 00:43:13,857
Quite a piece of work.
836
00:43:15,531 --> 00:43:18,932
In the coming days, you will hear
arguments on whether three men
837
00:43:18,826 --> 00:43:21,795
in this courtroom are guilty
of the crime of rape.
838
00:43:21,706 --> 00:43:25,301
You will then be asked
to decide two things:
839
00:43:25,194 --> 00:43:26,923
the fate of the defendants,
840
00:43:26,891 --> 00:43:29,985
and more indirectly
the fate of a legal system.
841
00:43:29,898 --> 00:43:34,062
A system that is
too often circumvented and mocked
842
00:43:33,930 --> 00:43:37,093
by those who seek
to escape the weight of justice.
843
00:43:37,003 --> 00:43:41,633
A system which can be used
by the defense
844
00:43:41,483 --> 00:43:45,510
to put a woman,
violated against her will,
845
00:43:45,387 --> 00:43:47,116
on trial...
846
00:43:47,082 --> 00:43:50,017
for anything ranging
from how she was dressed
847
00:43:49,931 --> 00:43:53,128
to why she was
in a particular neighborhood.
848
00:43:58,411 --> 00:44:00,311
It is the State's position
849
00:44:00,267 --> 00:44:02,428
that there are
no valid reasons to justify
850
00:44:02,378 --> 00:44:05,176
violent sexual behavior
against another person's will.
851
00:44:05,099 --> 00:44:08,398
It is my job to present
these facts to you
852
00:44:08,299 --> 00:44:11,393
and hope that you will agree
with the State's position.
853
00:44:11,307 --> 00:44:14,208
It is your job to listen-
854
00:44:14,123 --> 00:44:16,683
to listen how,
through willful intimidation,
855
00:44:16,619 --> 00:44:19,383
and a moderate knowledge
of the legal system,
856
00:44:19,307 --> 00:44:21,298
these three men
857
00:44:21,259 --> 00:44:23,489
chose to flaunt
their crime of rape
858
00:44:23,435 --> 00:44:24,459
in the face of a woman-
859
00:44:28,363 --> 00:44:30,331
and in the face
of this system.
860
00:44:30,381 --> 00:44:34,931
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