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NARRATOR:
In the criminal justice system
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00:00:02,903 --> 00:00:06,783
the people are represented by two
separate yet equally important groups,
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00:00:06,840 --> 00:00:08,649
the police
who investigate crime
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00:00:08,709 --> 00:00:11,519
and the district attorneys
who prosecute the offenders.
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These are their stories.
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So she turns out the lights and
brings out this big birthday cake.
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"Happy Birthday, Harry,"
it says.
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How old's the little guy?
Two.
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She tried to get him to blow out the candles.
You should have seen that.
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Managed to open
his own presents, though.
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What'd you get him?
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A doghouse, so he'd stop
sleeping in the bed with us.
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No such luck.
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You know, Shepski, maybe it's time
you two started thinking about kids.
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WOMAN ON POLICE RADIO: Any available 2-7
car for a 10-53, possible fatality.
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Ambulance en route.
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2-7 sector Charlie standing by.
Will respond, Central.
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(SIREN WAILING)
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1-David-1-0-9-9-9-6-3-6...
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CROCKIT: Oh, boy.
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It's bad.
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2-7 Charlie to Central.
Better put a rush on that bus.
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This better be good, Crockit. I was on my way home.
I don't feel so good.
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Hey, don't look at me.
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AIS guy says there's something
fishy, call the suits.
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I do what I'm told.
What happened?
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Judging from the skid marks,
this guy's going the wrong way,
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swerves into the other car, and wham.
The other guy never had a chance.
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Last time I looked I don't
do accident investigations.
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(POLICE RADIO CHATTERING)
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Here's your murder weapon. Rest
in peace, you sorry bastard.
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What the hell happened? Didn't you hear?
We got demoted.
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RANDALL: Briscoe, Logan.
Over here.
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Randall, this is a traffic accident.
I'm going to bed.
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Just take a look at this, would you?
I'm getting ready to write it up.
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Looks like a standard 54
with a DOA,
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and then I noticed most of her wounds
are on the right side of her body.
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Except she's
in the driver's seat.
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Yeah. Well,
she's about 5'4 ", 5'2",
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but the seat's all the way back and
her feet can't even touch the pedals.
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So maybe the seat
got jarred in the crash.
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No. It would've
gotten jarred forward.
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I don't think she was driving.
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00:02:09,363 --> 00:02:11,343
So what are you saying?
Somebody moved her?
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Then fled the scene.
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Not one law-abiding citizen
saw any of this?
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A woman down the block says she
heard the crash about 1:45.
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That's verified by some people
coming out of Club Mania.
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But nobody
actually saw anything.
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(SIGHING)
There goes my beauty sleep.
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A guy smacks up his car,
takes off into the night.
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I'd say
he's got something to hide.
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You ever think maybe he
went for medical treatment?
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00:03:22,502 --> 00:03:26,746
Well, then either he never got there or
he didn't go to any ER in this city.
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So what do we have,
leaving the scene?
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AIS says it was
the drunk guy's fault.
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No reason to leave the scene.
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What, you still got a head cold?
He moved the girl's body.
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00:03:36,516 --> 00:03:38,962
Whoever it was didn't want
anyone to know he was there.
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00:03:39,019 --> 00:03:41,226
What do we have on the girl?
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Lyssa Wesley. 497 West 83rd.
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00:03:44,291 --> 00:03:47,397
It was her car.
Looks like she lives alone.
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00:03:47,461 --> 00:03:50,840
Well, odds are our mystery man has a
wife and a couple of kids at home
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who thought he was
at his office working late.
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This is a matter for the
divorce lawyers, not us.
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If he took off
before she died, it's us.
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Talk to the ME's office.
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00:04:02,509 --> 00:04:04,887
See this horizontal laceration
on her forehead?
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00:04:04,945 --> 00:04:07,391
Looks like she hit the dash.
Died instantly.
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Thank you for small favors.
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Yeah, but somebody did her a big one before she died.
Look at these bruises.
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00:04:17,057 --> 00:04:19,435
Well,
you should've seen the car.
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These were on her legs and arms which
are not consistent with the crash.
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Abrasions on her buttocks and more
bruises resembling finger marks.
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Looks like her underwear
was ripped off.
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And there's vaginal tearing.
Semen.
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So we're talking rape.
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00:04:35,242 --> 00:04:39,156
If it was a romantic evening at home,
I'd hate to meet her boyfriend.
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Her head hit the dash here at
this dent, point of impact.
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Whoever moved her was 6',
maybe 6'1",
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judging from the seat
and the rearview mirrors.
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You get any lifts?
Yeah.
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A few off the steering wheel and
gear shift that aren't hers.
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Sent them to latent. The
guy doesn't have a record.
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He went all out
for his first offense.
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00:05:01,001 --> 00:05:03,413
Anything else inside the car?
Yeah. Right over here.
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00:05:03,470 --> 00:05:06,041
I got an old playbill
from My Fair Lady,
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an eyebrow pencil,
some loose change...
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00:05:08,375 --> 00:05:11,822
Valet parking ticket. Yeah. Found
it down in between the seat.
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00:05:11,878 --> 00:05:13,789
Hotel Intercontinental.
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00:05:15,982 --> 00:05:18,622
Oh, yeah, I remember her. She
left right before my shift ended.
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Around 1:30, 1:45.
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She leave alone?
No. She was with some guy.
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And they weren't having
the best time, either.
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You mean they were fighting?
I didn't see them.
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But she was crying
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and it seemed like he was in a big
hurry to get her out of here.
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Could you describe him?
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00:05:36,136 --> 00:05:39,515
Six feet, maybe. Dark hair.
Wearing a tuxedo.
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00:05:39,773 --> 00:05:41,252
Would he stand out in a crowd?
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Not really. The place was
crawling with tuxedos last night.
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Some kind of fundraiser
for that Talbert guy.
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Councilman Talbert?
Yeah, that's the one.
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Man, I hate politicians.
They don't tip for nothing.
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PENNY: I've known her
about three months now.
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We worked together
on the campaign.
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00:06:01,661 --> 00:06:05,370
I just can't believe she's dead.
I just saw her last night.
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00:06:05,732 --> 00:06:08,144
That would be at the
fundraiser, right? Yeah.
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Mr. Talbert invited the whole
staff, including the peons.
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We even got to meet the mayor.
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Was Lyssa there with a date?
No. Her fianc? had to work.
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LOGAN:
What time did she leave?
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I don't know.
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9:00 maybe. I was supposed to get a
ride home with her after the party.
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00:06:26,820 --> 00:06:30,632
She went to make a call to her
fianc? and never came back.
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The valet said she left with a tall
man, dark hair, wearing a tux.
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00:06:36,096 --> 00:06:39,441
Well, that could be anybody. Half
the guys here were wearing tuxes.
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00:06:39,499 --> 00:06:43,276
Any of the guys talk to Lyssa?
You know, flirt with her?
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00:06:43,336 --> 00:06:45,680
Lots of guys flirt with Lyssa.
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00:06:49,175 --> 00:06:51,348
I don't remember. I'm sorry.
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She leaves the party
around 9:00, vanishes,
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and then turns up dead
in a car accident around 1:45.
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00:06:59,452 --> 00:07:02,990
Yeah. And in between she gets raped
by some gentleman in a tuxedo
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00:07:03,056 --> 00:07:05,832
who's kind enough
to give her a ride home later.
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00:07:05,892 --> 00:07:10,068
We sent a sketch artist over to the
parking guy, so maybe we'll get lucky.
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00:07:10,130 --> 00:07:11,336
Call the Times.
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00:07:11,398 --> 00:07:14,402
See if they sent a photographer
over to cover the party.
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00:07:14,467 --> 00:07:16,208
You might get luckier.
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00:07:17,671 --> 00:07:19,981
Councilman Talbert
with the mayor.
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00:07:20,040 --> 00:07:22,316
Councilman Talbert
with the archbishop.
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00:07:22,676 --> 00:07:25,350
Councilman Talbert
with Councilman Talbert.
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00:07:26,112 --> 00:07:29,559
You see the guy or what?
No. No, not yet.
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Here's Lyssa at her table.
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00:07:33,987 --> 00:07:35,762
Any of these guys
look familiar?
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00:07:35,822 --> 00:07:37,665
It's hard to say,
you know, these...
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00:07:38,692 --> 00:07:41,901
No... There he is.
Which one?
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00:07:41,962 --> 00:07:44,568
The one smoking a cigarette.
That's the guy.
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00:07:44,631 --> 00:07:47,009
Third from the right.
Todd Locke.
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00:07:48,201 --> 00:07:51,580
Look, you have to understand. I am
Councilman Talbert's chief aide.
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00:07:51,638 --> 00:07:54,278
A scandal like this hits the paper and I...
What scandal?
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00:07:54,341 --> 00:07:56,981
Thought you said you just
gave the lady a ride home.
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I did. But how was I supposed to know
a drunk was gonna swerve into us?
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00:08:00,213 --> 00:08:03,251
It was an accident.
So why'd you move her body?
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00:08:03,316 --> 00:08:06,388
I panicked.
It was a stupid thing to do.
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00:08:07,387 --> 00:08:08,491
So what am I charged with?
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00:08:08,555 --> 00:08:11,161
Leaving the scene of an accident,
tampering with evidence...
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00:08:11,224 --> 00:08:13,761
We're just getting started.
This is...
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00:08:13,827 --> 00:08:16,171
I told you. She had a
little too much to drink...
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00:08:16,229 --> 00:08:18,869
No. No. No. No. Not according
to our medical examiner.
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00:08:18,932 --> 00:08:22,141
She looked drunk, okay?
So I offered to drive her.
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00:08:23,770 --> 00:08:27,081
Was that before
or after you raped her?
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00:08:27,841 --> 00:08:31,050
What? Whoa, whoa, guys. You got this all wrong.
I never touched her.
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00:08:31,111 --> 00:08:34,490
What were you two doing between
9:30 and 1:45? Taking a poll?
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00:08:34,581 --> 00:08:37,960
I don't know what she was doing.
I wasn't with her.
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00:08:38,018 --> 00:08:41,864
So after the party you just
hung around for five hours?
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00:08:41,921 --> 00:08:44,197
And then you just happened
to run into her?
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00:08:44,257 --> 00:08:46,601
That's stretching it
pretty thin, bud!
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00:08:46,659 --> 00:08:49,162
I had a drink in the bar.
Bar closed at 12:00.
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00:08:49,229 --> 00:08:51,835
I was in the lobby after that. Well,
then we'll find some witnesses.
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00:08:51,898 --> 00:08:52,899
Give me your cuffs, Lennie.
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00:08:52,966 --> 00:08:55,503
In the meantime, you're under arrest
for the rape of Lyssa Wesley.
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00:08:55,568 --> 00:08:57,445
And for leaving the scene of an accident.
Okay, okay. No. Please. Listen.
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00:08:57,504 --> 00:08:59,984
I didn't rape anybody!
I swear.
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00:09:00,040 --> 00:09:02,384
But you know who did,
don't you?
165
00:09:03,743 --> 00:09:06,087
LOGAN: Mr. Locke, sit down.
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00:09:10,150 --> 00:09:13,495
Now, I think you know
you're in very deep here,
167
00:09:14,621 --> 00:09:17,693
so why don't you tell us
who you're protecting?
168
00:09:19,893 --> 00:09:24,467
Look, she told me in the car
before the crash.
169
00:09:24,531 --> 00:09:26,670
She said she had been raped.
170
00:09:29,502 --> 00:09:31,413
She said it was
Councilman Talbert.
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00:09:38,978 --> 00:09:42,516
Spencer Talbert's an elected city official.
He's running for Congress.
172
00:09:42,582 --> 00:09:45,028
So what? He broke the law
and we want him.
173
00:09:45,085 --> 00:09:48,396
We can't just barge into his office and
publicly accuse him of rape. Not yet.
174
00:09:48,455 --> 00:09:51,129
He stood with us, Mike.
City budget went to the bone.
175
00:09:51,191 --> 00:09:53,102
Talbert came through
for this department.
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00:09:53,159 --> 00:09:55,002
I'm not saying
we don't investigate.
177
00:09:55,061 --> 00:09:57,507
But we do have to consider
Talbert's public reputation.
178
00:09:57,564 --> 00:10:01,307
I hate to say this, but I hope it's not true.
He's the good guy.
179
00:10:01,367 --> 00:10:04,280
His get-tough-on-crime
platform won him the election.
180
00:10:04,337 --> 00:10:05,941
Sounds more like
we're trying to protect him
181
00:10:06,005 --> 00:10:07,746
from getting his picture
on the front page.
182
00:10:07,807 --> 00:10:11,016
I just think we can make a better case
if we kept it off for a few days.
183
00:10:11,077 --> 00:10:13,250
Okay. Well, how do you
propose we do that?
184
00:10:13,313 --> 00:10:15,293
Because the minute we start
asking him questions...
185
00:10:15,348 --> 00:10:19,091
If Todd Locke cooperates, there
may not be too many to ask.
186
00:10:19,919 --> 00:10:24,061
It's a gift, Todd.
Listen to the DA.
187
00:10:25,859 --> 00:10:29,773
I shouldn't have told you anything as it is.
Loyalty, you know.
188
00:10:29,829 --> 00:10:33,299
Cooperate and the charge is
leaving the scene of an accident.
189
00:10:33,366 --> 00:10:35,368
Six months probation.
190
00:10:35,435 --> 00:10:40,509
Don't, we add tampering with evidence,
accessory to rape, conspiracy.
191
00:10:40,573 --> 00:10:44,578
All felonies. No pleas. Feed
the homeless, clean a park.
192
00:10:46,279 --> 00:10:48,725
You don't need
Talbert's problems.
193
00:10:57,190 --> 00:11:00,763
We're at the fundraiser
and Talbert spots Lyssa.
194
00:11:01,795 --> 00:11:05,800
He's interested but his wife's there.
So I have to tell Lyssa.
195
00:11:06,866 --> 00:11:08,937
Talbert wants to speak to her
later in his suite.
196
00:11:09,002 --> 00:11:11,846
He heard what a good job
she's doing on the campaign.
197
00:11:13,273 --> 00:11:16,254
So I brought her up.
He told me to wait in the bar.
198
00:11:16,309 --> 00:11:18,414
How'd you wind up with her?
199
00:11:18,478 --> 00:11:21,789
Talbert went home in the limo and he
told me to make sure she got home.
200
00:11:21,848 --> 00:11:23,350
She had a car.
201
00:11:24,784 --> 00:11:27,128
No, there was no way
she could drive.
202
00:11:27,187 --> 00:11:29,167
When she came down
she looked like hell.
203
00:11:29,222 --> 00:11:32,931
You know, make-up was running,
eyes were red.
204
00:11:33,226 --> 00:11:34,534
Real bad shape.
205
00:11:36,829 --> 00:11:38,831
I kind of had a feeling
what happened.
206
00:11:38,898 --> 00:11:41,811
Are you assuming she was
raped, or did she tell you?
207
00:11:41,868 --> 00:11:44,246
Eventually she told me.
208
00:11:44,304 --> 00:11:48,047
She asked me
to take her to a hospital.
209
00:11:48,641 --> 00:11:51,053
That's where
we were going when...
210
00:11:56,149 --> 00:11:57,924
She was a nice girl.
211
00:12:02,855 --> 00:12:03,925
Wait. Let me
get this straight.
212
00:12:03,990 --> 00:12:06,869
Todd told you that Lyssa
told him that I raped her?
213
00:12:06,926 --> 00:12:08,837
That's the charge.
214
00:12:08,895 --> 00:12:13,366
She was in your suite. Your
aide was driving her home.
215
00:12:14,701 --> 00:12:17,773
If you wanna take a cup into the
men's room and clear yourself.
216
00:12:26,412 --> 00:12:28,449
All right, detectives. I...
217
00:12:30,283 --> 00:12:33,958
I was with Lyssa. But
understand, I'm a married man.
218
00:12:34,020 --> 00:12:37,058
I hold public office. Incidents
like this can be damaging.
219
00:12:37,123 --> 00:12:41,037
No disrespect to the office, but
this is more than an incident.
220
00:12:41,995 --> 00:12:45,772
It's a load of crap. LOGAN: That's
not what the medical examiner said.
221
00:12:45,832 --> 00:12:48,472
Lyssa was roughed up.
Torn panties.
222
00:12:48,534 --> 00:12:50,946
Heat of passion.
Heavy bruising.
223
00:12:51,004 --> 00:12:54,975
She died in a car wreck. The
bruises were between her legs.
224
00:12:57,210 --> 00:12:59,156
Believe who and what you like,
detectives.
225
00:12:59,212 --> 00:13:03,558
But I'm afraid Lyssa's unfortunate
death brings this matter to a close.
226
00:13:04,784 --> 00:13:07,196
So what did you expect?
Of course he's gonna deny it.
227
00:13:07,253 --> 00:13:10,791
We have Locke's sworn statement
and the ME's report.
228
00:13:10,857 --> 00:13:13,098
The statement's hearsay,
probably inadmissible.
229
00:13:13,159 --> 00:13:14,832
The ME's report's
not definitive.
230
00:13:14,894 --> 00:13:18,034
What can I tell you guys? McCoy
wants more before he goes to court.
231
00:13:18,097 --> 00:13:19,474
What do you think?
232
00:13:20,767 --> 00:13:23,475
My personal feelings
are irrelevant.
233
00:13:24,170 --> 00:13:26,411
CLAIRE: A rape trial
boils down to lack of consent.
234
00:13:26,472 --> 00:13:30,978
Yeah. So this piece of cheese gets to walk
because the victim happened to get killed
235
00:13:31,044 --> 00:13:33,923
in a head-on with a drunk.
I'm not saying we drop this.
236
00:13:33,980 --> 00:13:35,186
No?
237
00:13:35,548 --> 00:13:38,893
What do we do, get Madam
Losanda to throw a s?ance?
238
00:13:41,287 --> 00:13:45,463
I'm thinking maybe this wasn't the
first woman he got friendly with.
239
00:13:45,725 --> 00:13:47,671
If we can establish a pattern,
240
00:13:47,727 --> 00:13:51,402
it's possible to prove Lyssa's lack
of consent without her testimony.
241
00:13:52,498 --> 00:13:55,138
Well, she did work
for Talbert, right?
242
00:13:56,035 --> 00:13:57,946
Maybe there are
some other employees
243
00:13:58,004 --> 00:14:00,541
who performed above
and beyond the call of duty.
244
00:14:02,942 --> 00:14:07,049
As soon as I heard the rumors about Lyssa
and Mr. Talbert, I said I am out of here.
245
00:14:07,113 --> 00:14:08,683
Did you ever hear
any other rumors?
246
00:14:08,748 --> 00:14:11,854
I just answer the phone. I'm not
exactly high up on the totem pole.
247
00:14:11,918 --> 00:14:15,161
So he never came on to anybody else? You
know, made a few suggestive remarks?
248
00:14:15,221 --> 00:14:18,065
He let his hand linger
on my arm a few times.
249
00:14:18,124 --> 00:14:20,070
Just enough
to make me uncomfortable.
250
00:14:20,126 --> 00:14:23,471
BRISCOE: You the only one he touched?
Nobody's ever complained.
251
00:14:23,529 --> 00:14:26,874
But people around here
practically worship the guy.
252
00:14:26,933 --> 00:14:29,641
You'd think Lyssa Wesley's
death would change all that.
253
00:14:29,702 --> 00:14:31,875
Around here, I don't think so.
254
00:14:31,938 --> 00:14:34,145
At home
it may be a different story.
255
00:14:34,207 --> 00:14:37,882
When Mrs. Talbert left this
morning she didn't look happy.
256
00:14:38,077 --> 00:14:41,456
I can't believe you're actually
dignifying this nonsense, detectives.
257
00:14:41,514 --> 00:14:44,825
Mrs. Talbert, I think it would
be better if we spoke privately.
258
00:14:44,884 --> 00:14:46,022
Of course. Molly, honey,
259
00:14:46,085 --> 00:14:49,123
why don't you go find Flannery
and see if lunch is ready, okay?
260
00:14:51,224 --> 00:14:54,330
I don't really know what
you expect me to tell you.
261
00:14:54,394 --> 00:14:57,603
Spencer and I have been
together for 13 years now.
262
00:14:57,663 --> 00:14:59,609
We have a very strong marriage.
263
00:15:00,399 --> 00:15:02,538
Strong enough to withstand
a rape accusation?
264
00:15:02,602 --> 00:15:04,912
I'm sure I don't have to
explain to you
265
00:15:04,971 --> 00:15:08,145
the difference between rape
and false accusation.
266
00:15:09,409 --> 00:15:13,915
With all due respect, Mrs. Talbert,
this girl was pretty badly beaten up.
267
00:15:13,980 --> 00:15:15,459
And she said
your husband did it.
268
00:15:15,515 --> 00:15:17,517
And if she hadn't been killed
in that car accident,
269
00:15:17,583 --> 00:15:20,427
she'd probably be
next month's centerfold.
270
00:15:21,154 --> 00:15:25,034
Spencer is not the first public figure
to be attacked with vicious lies.
271
00:15:25,091 --> 00:15:27,093
You seem pretty sure
about that.
272
00:15:27,160 --> 00:15:30,767
My husband told me about his
indiscretion with this girl.
273
00:15:31,597 --> 00:15:35,602
It hasn't been easy, but we're
working through it. We'll survive.
274
00:15:35,668 --> 00:15:38,706
You learn how to do that
during 13 years of marriage?
275
00:15:40,039 --> 00:15:42,713
If you're asking me if there
have been others, Detective,
276
00:15:42,775 --> 00:15:44,914
I can honestly tell you no.
277
00:15:45,511 --> 00:15:47,684
The worst thing he ever
did was get touchy-feely
278
00:15:47,747 --> 00:15:49,192
with one of his
campaign workers.
279
00:15:49,248 --> 00:15:51,785
Yeah. And the wife
sang Stand By Your Man.
280
00:15:51,851 --> 00:15:53,023
Not much of a pattern.
281
00:15:53,119 --> 00:15:55,531
Well, he's a politician. He
knows how to cover his tracks.
282
00:15:55,588 --> 00:16:00,059
So maybe we should find out what he
did before he had to be so discreet.
283
00:16:04,730 --> 00:16:07,006
Spencer was head of the
department for ten years.
284
00:16:07,066 --> 00:16:09,808
After he was bitten by the
political bug, I took over.
285
00:16:09,869 --> 00:16:13,112
Must be tough giving up all
this for a councilman's salary.
286
00:16:13,172 --> 00:16:16,585
I don't think Spencer's sights
stop at a congressional district.
287
00:16:16,642 --> 00:16:19,987
LOGAN: Yeah, well, he might've just
run into a brick wall, Miss Maslin.
288
00:16:20,046 --> 00:16:22,492
The papers say the accusations
of rape are bogus.
289
00:16:22,548 --> 00:16:25,757
Well, that's the word that Talbert's
people are putting out. What do you think?
290
00:16:27,753 --> 00:16:30,256
We can talk to everybody
in the building.
291
00:16:31,190 --> 00:16:32,430
You've got to understand.
292
00:16:32,558 --> 00:16:36,472
The firm likes to see its name in
the law journal, not the tabloids.
293
00:16:36,529 --> 00:16:38,873
And that might be
our next stop.
294
00:16:42,902 --> 00:16:45,178
It was nothing, but it
could be misinterpreted.
295
00:16:45,371 --> 00:16:47,351
Well, why don't you
let us decide that?
296
00:16:49,642 --> 00:16:52,418
A year before Talbert left,
297
00:16:52,478 --> 00:16:55,687
our office manager accused him
of sexual harassment.
298
00:16:55,748 --> 00:16:58,058
We disposed of the matter
before it got out of hand.
299
00:16:58,117 --> 00:17:01,997
Disposed of? As in, "Here's a
check, keep your mouth shut"?
300
00:17:02,922 --> 00:17:07,064
Like I said, it was nothing. This
office manager, is she still here?
301
00:17:09,662 --> 00:17:11,699
That was part
of the settlement, too.
302
00:17:13,499 --> 00:17:15,877
You should have seen them
circle their wagons.
303
00:17:15,935 --> 00:17:18,347
These lawyers,
they protect their own.
304
00:17:18,404 --> 00:17:21,908
So you took the money and ran?
Money? That's a joke.
305
00:17:22,742 --> 00:17:24,847
Talbert had to be
pulling in seven figures,
306
00:17:24,911 --> 00:17:27,983
they gave me a one-time-only
offer of 50 grand.
307
00:17:28,047 --> 00:17:31,494
50 G's. Sounds like a lot
of money to me. Yeah.
308
00:17:32,218 --> 00:17:35,791
Well, he got his money's worth.
309
00:17:36,556 --> 00:17:39,696
It was a Christmas party,
five years ago.
310
00:17:40,159 --> 00:17:44,630
Imagine 300 attorneys at the Cat Club
without their significant others.
311
00:17:44,697 --> 00:17:46,973
So Talbert let his hair down?
312
00:17:48,467 --> 00:17:52,938
Pulled up my skirt in the fire exit.
The guy was all over me.
313
00:17:53,306 --> 00:17:54,717
Did he rape you?
314
00:17:54,774 --> 00:17:58,312
He would have. I tried to fight
back but he's so strong.
315
00:17:58,945 --> 00:18:01,186
Thank God, he heard some
people coming down the hall
316
00:18:01,247 --> 00:18:03,955
and he told them
I had too much to drink.
317
00:18:04,016 --> 00:18:07,828
He was taking me out for some air.
Did anyone see anything?
318
00:18:08,888 --> 00:18:10,868
Sounds like you could have
held out for more money.
319
00:18:10,923 --> 00:18:15,736
Yeah. That's what Sarah said. Sarah?
Sarah Maslin, his partner?
320
00:18:16,896 --> 00:18:20,810
Yeah. I just wanted out of there. She
talked me into seeing an attorney.
321
00:18:26,439 --> 00:18:29,648
It's simple.
It's called libel.
322
00:18:29,709 --> 00:18:31,347
And if this doesn't stop
immediately,
323
00:18:31,410 --> 00:18:35,449
I guarantee all of you will
find yourselves in civil court.
324
00:18:35,514 --> 00:18:37,858
The police are investigating
a charge of rape.
325
00:18:37,917 --> 00:18:41,888
What they're doing is defaming one of
the most honorable men in the city.
326
00:18:41,954 --> 00:18:44,798
I know at least one woman
who would beg to differ.
327
00:18:44,857 --> 00:18:46,359
TALBERT: Jerolyn Addams?
328
00:18:47,393 --> 00:18:51,000
The girl got drunk at an office party.
She had to tell her husband something.
329
00:18:51,063 --> 00:18:54,067
And the $50,000
was just a Christmas bonus?
330
00:18:54,133 --> 00:18:56,943
POWELL: It was blackmail.
Believe me,
331
00:18:57,336 --> 00:19:00,283
if you push this any further,
we'll take her to court, too.
332
00:19:00,773 --> 00:19:04,721
Or didn't she tell you that the settlement
required her to sign a non-disclosure form?
333
00:19:04,777 --> 00:19:06,779
Which is meaningless
in a criminal trial.
334
00:19:06,846 --> 00:19:09,793
But it goes a long way
in civil court.
335
00:19:09,849 --> 00:19:12,227
She opens her mouth,
she returns the $50,000
336
00:19:12,285 --> 00:19:14,526
and turns over
another $100,000 as punitives.
337
00:19:14,587 --> 00:19:17,124
Adam, you're in the public eye.
338
00:19:17,189 --> 00:19:20,102
You know what something like
this can do in an election year.
339
00:19:21,427 --> 00:19:25,000
Good. So I assume
we've heard the last of this?
340
00:19:31,971 --> 00:19:34,713
You're not going to ask us
to back off.
341
00:19:35,141 --> 00:19:36,745
A dead victim.
342
00:19:37,944 --> 00:19:41,448
A witness who could lose her life
savings if she takes the stand.
343
00:19:41,514 --> 00:19:43,494
Look at it from our point
of view, Lieutenant.
344
00:19:43,549 --> 00:19:46,792
Without more, it's not much of a case.
Then we'll get more.
345
00:19:49,755 --> 00:19:51,894
BRISCOE: It does seem
kind of curious, counselor.
346
00:19:51,957 --> 00:19:54,733
You talking the office
manager into suing the firm.
347
00:19:54,794 --> 00:19:58,241
I was trying to do the right thing.
LOGAN: But you told us it was nothing.
348
00:19:58,297 --> 00:20:01,744
Which makes us believe that maybe
you knew she was telling the truth.
349
00:20:01,801 --> 00:20:03,747
BRISCOE: Yeah, and
the question then is how?
350
00:20:03,803 --> 00:20:06,841
Because she told us there weren't any
witnesses at the Christmas party.
351
00:20:06,906 --> 00:20:08,681
LOGAN: Or she could be lying.
352
00:20:08,741 --> 00:20:11,881
But why? There's nothing
to gain from that.
353
00:20:17,683 --> 00:20:19,356
I have nothing to add.
354
00:20:19,518 --> 00:20:23,762
Listen. He almost raped one girl.
Another girl he did rape is dead.
355
00:20:23,823 --> 00:20:26,531
This is a hell of a time
to stonewall.
356
00:20:26,592 --> 00:20:30,472
If there were others, you're
gonna tell us. Eventually.
357
00:20:36,335 --> 00:20:37,905
It was me.
358
00:20:39,372 --> 00:20:41,010
He raped me, too.
359
00:20:46,345 --> 00:20:48,586
I can't believe I'm doing this.
360
00:20:48,647 --> 00:20:51,628
If he raped you... Oh,
he raped me all right.
361
00:20:53,352 --> 00:20:56,959
When we worked together. You
mean over three years ago?
362
00:20:57,490 --> 00:21:01,597
It was late at night at the office.
You didn't go to the police?
363
00:21:03,229 --> 00:21:06,574
I'm an attorney, too, Miss Kincaid.
I know the drill.
364
00:21:06,632 --> 00:21:09,238
A rape trial boils down
to "he said, she said."
365
00:21:09,301 --> 00:21:13,147
And when the "he" is one of the most
respected lawyers on Wall Street,
366
00:21:13,205 --> 00:21:15,276
the "she" doesn't stand
much of a chance.
367
00:21:15,341 --> 00:21:19,016
You're an educated woman.
You're articulate, strong.
368
00:21:19,078 --> 00:21:21,581
People would have believed you.
You don't get it.
369
00:21:22,648 --> 00:21:24,685
It wouldn't have mattered.
370
00:21:25,584 --> 00:21:27,655
I had a career to protect.
371
00:21:30,189 --> 00:21:32,829
I was still an associate
at the firm.
372
00:21:34,660 --> 00:21:37,800
I wanted to become a partner.
What difference would it make?
373
00:21:37,863 --> 00:21:41,208
You were the victim.
I was involved in a scandal.
374
00:21:42,868 --> 00:21:46,179
Clients don't like that much
in their legal advisor.
375
00:21:48,974 --> 00:21:51,352
When it happened,
did you tell anyone?
376
00:21:56,682 --> 00:21:58,025
My doctor.
377
00:22:01,687 --> 00:22:05,066
I start seeing patients
at 8:00 in the morning,
378
00:22:05,157 --> 00:22:07,501
which means
I get here around 7:00.
379
00:22:08,294 --> 00:22:10,865
Sarah was waiting
in the lobby for me.
380
00:22:10,930 --> 00:22:12,307
Did she tell you she was raped?
381
00:22:12,364 --> 00:22:16,437
Not at first. She was more concerned
about disease and pregnancy.
382
00:22:16,502 --> 00:22:19,949
I started giving her my
standard lecture on protection.
383
00:22:20,005 --> 00:22:23,009
She started screaming at me.
That's understandable.
384
00:22:23,075 --> 00:22:26,454
Certainly. Whoever attacked
Sarah took more than her body.
385
00:22:26,512 --> 00:22:29,322
He took her dignity.
Sarah was all about dignity.
386
00:22:29,381 --> 00:22:31,588
What about
physical signs of rape?
387
00:22:31,650 --> 00:22:33,027
Well, I gave her
a full examination.
388
00:22:33,085 --> 00:22:35,565
The problem is there were
physical signs of sex.
389
00:22:35,621 --> 00:22:36,964
But no indication of rape.
390
00:22:37,022 --> 00:22:39,195
Are you saying you don't
believe she was raped?
391
00:22:39,725 --> 00:22:44,003
I've known Sarah for 15 years. If
she said it happened, it happened.
392
00:22:45,331 --> 00:22:48,005
It's just not going to be
easy to prove.
393
00:22:48,801 --> 00:22:50,974
Let me ask you this, Claire.
394
00:22:51,537 --> 00:22:54,416
Just between you and me,
forget about Lyssa.
395
00:22:54,473 --> 00:22:56,009
Forget about
the office manager.
396
00:22:56,075 --> 00:22:58,783
All you've got is Sarah's word
against Talbert's.
397
00:23:00,980 --> 00:23:04,689
Who do you believe? I'm
inclined to believe Sarah.
398
00:23:07,386 --> 00:23:09,696
I think
she's telling the truth.
399
00:23:10,389 --> 00:23:12,130
And with the other evidence?
400
00:23:12,424 --> 00:23:15,166
(SIGHING)
I think Talbert's guilty.
401
00:23:16,095 --> 00:23:18,439
I think we have an obligation
to pursue this.
402
00:23:21,834 --> 00:23:24,007
What kind of witness
will Sarah make?
403
00:23:25,004 --> 00:23:27,314
I looked her up in Martindale.
404
00:23:27,806 --> 00:23:31,049
Summa from Vassar.
Law review at Cornell.
405
00:23:31,944 --> 00:23:34,481
She's head of the securities
department at Adderly, Perkins.
406
00:23:34,547 --> 00:23:37,619
More credibility than the
proverbial busload of nuns.
407
00:23:37,683 --> 00:23:39,856
With Sarah
and the office manager,
408
00:23:39,919 --> 00:23:41,660
we might be able
to establish a pattern.
409
00:23:41,720 --> 00:23:43,825
Even if our victim is dead.
410
00:23:44,189 --> 00:23:46,260
I know
it's a long time ago, Sarah,
411
00:23:46,458 --> 00:23:50,099
but if there's anything,
a torn dress, something.
412
00:23:53,265 --> 00:23:56,906
That's where it happened.
Right there on that couch.
413
00:23:59,438 --> 00:24:01,577
This used to be his office.
414
00:24:05,477 --> 00:24:07,582
It was 4:00 in the morning.
415
00:24:08,347 --> 00:24:12,625
We had just finished an offering
memorandum for B and C Manufacturing.
416
00:24:14,086 --> 00:24:15,997
It took us six months.
417
00:24:17,122 --> 00:24:19,124
He kept a bar over there.
418
00:24:20,192 --> 00:24:23,469
He opened a bottle of
Perrier Jouet to celebrate.
419
00:24:26,198 --> 00:24:28,542
When he left to run for council
420
00:24:30,035 --> 00:24:33,414
they gave me his office.
Lucky me.
421
00:24:37,576 --> 00:24:39,487
I know Spencer Talbert.
422
00:24:40,346 --> 00:24:43,987
I know he raped Lyssa Wesley.
Would you be willing to testify?
423
00:24:44,049 --> 00:24:46,586
We both know that anything I
have to say is inadmissible.
424
00:24:46,652 --> 00:24:49,223
Not if we can convince a judge
there's a pattern.
425
00:24:49,288 --> 00:24:53,794
With two women it's a stretch.
And I can't prove anything.
426
00:24:55,661 --> 00:24:58,574
JACK: Adam, she was in Talbert's
office until 4:00 a.m.
427
00:24:58,630 --> 00:25:01,770
She was in her doctor's office
at 7:00 without an appointment.
428
00:25:01,834 --> 00:25:04,212
And back at her desk
promptly at 9:00.
429
00:25:05,904 --> 00:25:10,284
Now, listen, even if we could prove
that Talbert raped Sarah Maslin,
430
00:25:11,009 --> 00:25:13,615
it's a prior bad act,
it's inadmissible.
431
00:25:13,679 --> 00:25:16,421
Well, then maybe we're making
this whole thing too complicated.
432
00:25:16,482 --> 00:25:19,088
Sarah's our best witness,
let's prosecute her case.
433
00:25:19,151 --> 00:25:22,997
A woman comes forward after three years,
doesn't say too much for her credibility.
434
00:25:23,055 --> 00:25:25,661
She has no reason to lie.
No.
435
00:25:25,824 --> 00:25:30,569
When the mayor, the city council
president, five borough presidents
436
00:25:30,629 --> 00:25:34,236
and the president of the Bar Association
will say that Talbert doesn't either.
437
00:25:34,299 --> 00:25:36,279
JACK: Good. Let them all
take the stand.
438
00:25:36,335 --> 00:25:40,078
The best thing Talbert can do
is put his character in issue.
439
00:25:40,472 --> 00:25:42,952
There are already two other
women that we know of.
440
00:25:43,008 --> 00:25:45,784
One who took a $50,000 payoff.
441
00:25:46,378 --> 00:25:48,722
One who's
conveniently deceased.
442
00:25:49,548 --> 00:25:53,519
And this one, for all we know,
could be an affair gone bad.
443
00:25:53,585 --> 00:25:56,532
Adam, the papers already
know all about this.
444
00:25:56,955 --> 00:26:00,334
If we drop it, guess whose
name's gonna hit the op-ed page
445
00:26:00,392 --> 00:26:02,736
as part
of a political cover-up?
446
00:26:04,229 --> 00:26:06,072
What the hell is that?
447
00:26:06,231 --> 00:26:10,270
You believe in the case, you prosecute it.
Don't lay this off on me!
448
00:26:13,639 --> 00:26:19,055
"Docket number 561253. People v.
Spencer Randolph Talbert."
449
00:26:19,111 --> 00:26:21,614
"The charge is rape
in the first degree."
450
00:26:22,781 --> 00:26:24,658
How do you plead?
Not guilty.
451
00:26:24,717 --> 00:26:27,197
The People request bail
of $100,000.
452
00:26:27,252 --> 00:26:29,926
For what?
These charges are outrageous.
453
00:26:29,989 --> 00:26:33,129
My client has served the public
faithfully for four years.
454
00:26:33,192 --> 00:26:37,265
His record is exemplary. And
I'll be sure to vote for him.
455
00:26:37,563 --> 00:26:39,975
Bail set as requested. Next.
456
00:26:40,699 --> 00:26:43,509
Do you actually think you can
get a conviction, Miss Kincaid?
457
00:26:43,569 --> 00:26:44,877
That'll be up to the jury.
458
00:26:44,970 --> 00:26:47,780
A majority of whom probably
voted for the councilman.
459
00:26:47,840 --> 00:26:49,285
Even if he is acquitted,
Miss Powell,
460
00:26:49,341 --> 00:26:51,753
do you think this is the end
of his political career?
461
00:26:51,810 --> 00:26:54,654
Councilman Talbert is devoted
to public service.
462
00:26:54,713 --> 00:26:58,490
He will not allow this smear campaign to
diminish his commitment to this city.
463
00:26:58,917 --> 00:27:03,366
What is it? You people are hell-bent
on destroying my client's career.
464
00:27:03,722 --> 00:27:05,929
I think
he's done that all by himself.
465
00:27:05,991 --> 00:27:07,368
I was Sarah Maslin's boss.
466
00:27:07,426 --> 00:27:09,997
Maybe I was too tough on her,
too demanding.
467
00:27:10,896 --> 00:27:12,739
Is this payback time?
468
00:27:13,365 --> 00:27:16,346
And what's your angle, Mr. McCoy? You
have your eye on Gracie Mansion?
469
00:27:16,401 --> 00:27:18,176
No, I don't like politics.
470
00:27:18,237 --> 00:27:21,616
And I don't much care for politicians.
But I won't hold your job against you.
471
00:27:22,541 --> 00:27:25,988
We know Sarah was in the office
with Mr. Talbert past 4:00 a.m.
472
00:27:26,045 --> 00:27:28,252
We know she went immediately
to her doctor.
473
00:27:28,313 --> 00:27:29,485
We know she had sex.
474
00:27:29,548 --> 00:27:33,086
And if you'd had the decency to
call me before you sent your goons,
475
00:27:33,152 --> 00:27:35,063
maybe you would have heard
an explanation.
476
00:27:37,389 --> 00:27:40,393
Are you admitting you
had sex with her? Yes.
477
00:27:41,126 --> 00:27:44,198
Not only was it consensual,
it wasn't very good.
478
00:27:47,966 --> 00:27:50,173
You really are
a piece of work, Mr. Talbert.
479
00:27:50,235 --> 00:27:53,273
Sarah Maslin will make
a very credible witness.
480
00:27:53,338 --> 00:27:56,842
That may be. But we have
a witness of our own.
481
00:27:57,976 --> 00:28:02,789
Mr. Talbert's former secretary was working
right outside his office that night.
482
00:28:03,715 --> 00:28:06,059
Don't you think she might
have heard something?
483
00:28:08,520 --> 00:28:12,491
I'll tell you what, with Talbert I
made twice the money I make now.
484
00:28:12,558 --> 00:28:14,094
All the overtime.
485
00:28:14,159 --> 00:28:18,039
So if he stayed until 4:00 in the morning?
I was right outside his door.
486
00:28:18,096 --> 00:28:20,133
With him
there were 11 commandments.
487
00:28:20,199 --> 00:28:25,012
"Thou shalt not answer thine own phone,
take smoke breaks, or go to the bathroom."
488
00:28:25,070 --> 00:28:26,310
He got calls at that hour?
489
00:28:26,371 --> 00:28:30,410
During the B and C thing, the phone didn't stop.
Calls from overseas.
490
00:28:30,475 --> 00:28:33,820
Accountants, printers. The office
was working day and night.
491
00:28:33,879 --> 00:28:36,325
Was Sarah Maslin
typically here with him?
492
00:28:36,381 --> 00:28:38,725
As long as I was here,
they were joined at the hip.
493
00:28:38,784 --> 00:28:41,162
And you're sure you would
have heard an argument
494
00:28:41,220 --> 00:28:42,790
or a raised voice
from his office?
495
00:28:42,854 --> 00:28:45,994
Believe me, I've heard him yelling
for me through that door more times
496
00:28:46,058 --> 00:28:47,594
than I care to count.
497
00:28:48,093 --> 00:28:52,473
Look, if what you're saying actually
happened, I would have known.
498
00:28:55,968 --> 00:28:59,074
Don't you think you should have
asked me before you ruined my life?
499
00:29:00,472 --> 00:29:04,818
You said you were willing to testify.
No, I never said that.
500
00:29:04,877 --> 00:29:08,256
I had a reason for keeping
this private for three years.
501
00:29:08,313 --> 00:29:11,055
But you came forward now.
The police came to me.
502
00:29:11,116 --> 00:29:14,529
I only went along with it so you
wouldn't drop the Lyssa Wesley case.
503
00:29:15,554 --> 00:29:18,194
I never thought
I'd have to go public.
504
00:29:19,925 --> 00:29:23,338
Now the press
is all over my office.
505
00:29:23,395 --> 00:29:26,035
They're in the lobby
of my apartment.
506
00:29:26,098 --> 00:29:30,171
I can't live like this, Miss Kincaid.
We can convict him, Sarah.
507
00:29:32,170 --> 00:29:34,411
Well, you're gonna have to
do it without me.
508
00:29:36,775 --> 00:29:39,813
She has a press conference
scheduled for tomorrow morning.
509
00:29:39,878 --> 00:29:43,348
My guess, she's going to deny everything.
We put her up to it.
510
00:29:45,117 --> 00:29:46,687
Did we, Claire?
511
00:29:47,819 --> 00:29:50,493
Did personal feeling cause us
to be a bit over-enthusiastic?
512
00:29:50,555 --> 00:29:52,728
You were the one who decided
to prosecute Sarah's case.
513
00:29:52,791 --> 00:29:55,397
You're the one who assured
me she was raped.
514
00:29:58,030 --> 00:30:01,136
Anyone in this office
keep up on current events?
515
00:30:02,701 --> 00:30:05,341
"Talbert's accuser
member of fem-lib PAC."
516
00:30:05,404 --> 00:30:07,714
So she's politically active.
517
00:30:07,773 --> 00:30:09,548
It doesn't prove he's innocent.
518
00:30:09,608 --> 00:30:14,421
She is spearheading a drive to
block Talbert's congressional run.
519
00:30:14,479 --> 00:30:17,949
She's not fond of his voting
record on women's issues.
520
00:30:18,317 --> 00:30:21,196
Neither am I.
I gave them money. So what?
521
00:30:21,253 --> 00:30:24,097
Yeah, but you did not
accuse the man of rape.
522
00:30:25,390 --> 00:30:28,394
I'm starting to think Sarah
Maslin is using the DA's office
523
00:30:28,460 --> 00:30:30,997
as the blade
in a political hatchet job.
524
00:30:32,764 --> 00:30:36,268
Fine. Don't believe me.
Drop the whole thing.
525
00:30:37,469 --> 00:30:39,210
That's what I want anyway.
526
00:30:39,271 --> 00:30:42,650
Well, the case against Talbert
is dropped, Miss Maslin.
527
00:30:43,075 --> 00:30:46,079
The case against you for
conspiracy is just beginning.
528
00:30:46,878 --> 00:30:49,085
It does look
a little strange, Sarah.
529
00:30:49,648 --> 00:30:52,390
You wait until he's running
for Congress to come forward.
530
00:30:52,451 --> 00:30:55,330
I came forward
because of the other women.
531
00:30:55,387 --> 00:30:58,197
And why were there no
physical indications of rape?
532
00:30:59,558 --> 00:31:02,266
Why didn't his secretary
hear anything?
533
00:31:08,867 --> 00:31:10,744
You consented, didn't you?
534
00:31:20,812 --> 00:31:23,053
He was going to ruin my life.
535
00:31:30,589 --> 00:31:32,296
Sure I consented.
536
00:31:33,191 --> 00:31:35,694
But I didn't have
any other choice.
537
00:31:36,361 --> 00:31:40,707
He told me if I didn't sleep with
him I wouldn't make partner.
538
00:31:41,400 --> 00:31:44,006
He'd blackball me
from any other job.
539
00:31:46,638 --> 00:31:49,812
I killed myself
for eight years.
540
00:31:57,616 --> 00:32:01,086
I deserved to be a partner
in this law firm, Mr. McCoy.
541
00:32:09,261 --> 00:32:11,366
In her mind she was raped.
542
00:32:11,430 --> 00:32:14,377
Unfortunately the people
who drafted the penal law
543
00:32:14,433 --> 00:32:16,344
are not bouncing around
in her head.
544
00:32:16,401 --> 00:32:18,278
She put in eight years
at that firm.
545
00:32:18,336 --> 00:32:21,806
He was going to take away any chance of
promotion if she didn't sleep with him.
546
00:32:21,873 --> 00:32:26,322
So he's a pig. He belongs in a sty, not a prison.
There is no crime here.
547
00:32:26,978 --> 00:32:29,788
Sexual harassment does not
equal forcible compulsion.
548
00:32:29,848 --> 00:32:33,125
But in this case it could
be larceny by extortion.
549
00:32:33,885 --> 00:32:36,161
Talbert forced Sarah
to give him property
550
00:32:36,221 --> 00:32:38,997
by instilling in her
the fear that he would
551
00:32:39,257 --> 00:32:42,500
"materially harm her
business calling or career."
552
00:32:42,561 --> 00:32:45,735
What property did she give him?
Her body.
553
00:32:47,733 --> 00:32:51,010
It fits the literal requirements
of the statute, Adam.
554
00:32:51,636 --> 00:32:52,979
Wonderful.
555
00:32:54,005 --> 00:32:57,953
So now all we have to do
is convince this woman
556
00:32:58,009 --> 00:33:01,616
to admit in open court that
she slept her way to the top.
557
00:33:05,384 --> 00:33:09,161
You must be out of your mind.
We both want Talbert in prison.
558
00:33:09,688 --> 00:33:11,895
I slept with him
to save my career.
559
00:33:11,957 --> 00:33:14,528
I don't especially feel
like ruining it now.
560
00:33:14,593 --> 00:33:17,164
Look, I know
it could be awkward.
561
00:33:17,229 --> 00:33:18,367
Look,
562
00:33:18,597 --> 00:33:22,477
I know we like to see ourselves as
lawyers who happen to be women.
563
00:33:23,134 --> 00:33:27,605
That's fine and good, but the fact
is we're perceived as women first
564
00:33:27,706 --> 00:33:29,310
and lawyers second.
565
00:33:29,374 --> 00:33:32,912
And you're willing to live with that?
That's how it is, Claire.
566
00:33:33,578 --> 00:33:37,754
I was a bright young attorney
with a great future ahead of me.
567
00:33:37,816 --> 00:33:40,797
And I actually thought that
Talbert recognized that, too.
568
00:33:40,852 --> 00:33:44,026
But all he was thinking
was getting between my legs.
569
00:33:44,089 --> 00:33:47,332
Maybe you should have kicked him between
his and hauled him into civil court.
570
00:33:47,392 --> 00:33:50,839
Sounds easy,
but then it happens.
571
00:33:53,365 --> 00:33:57,780
I'm faced with losing
everything I've worked for,
572
00:33:59,404 --> 00:34:00,849
and I think,
573
00:34:01,706 --> 00:34:05,483
"How bad can it be?
It's only one time."
574
00:34:07,612 --> 00:34:10,024
Because you were
forced to think that.
575
00:34:10,081 --> 00:34:12,288
By this bastard
who stood in your way.
576
00:34:15,620 --> 00:34:20,069
If I testify, the story will be I
used sex to get a partnership.
577
00:34:20,125 --> 00:34:23,265
And if you don't, the story will be
you're just another radical feminist
578
00:34:23,328 --> 00:34:25,433
using sex
to destroy a political enemy.
579
00:34:25,497 --> 00:34:28,444
I became politically active
because of what he did to me.
580
00:34:28,500 --> 00:34:31,970
But no one's ever gonna know that
as long as you remain silent.
581
00:34:34,105 --> 00:34:38,281
This has to be a joke.
Larceny by extortion?
582
00:34:39,144 --> 00:34:43,183
That's when the mob says, "Pay up
or I'll burn down your restaurant."
583
00:34:43,481 --> 00:34:47,156
"Sleep with me or I'll destroy
your career." Same thing.
584
00:34:47,219 --> 00:34:49,722
To make out a case
for extortion,
585
00:34:49,788 --> 00:34:52,928
you have to plead value
with specificity, Mr. McCoy.
586
00:34:52,991 --> 00:34:55,198
Exactly my point, Your Honor.
587
00:34:55,760 --> 00:34:59,173
Although I agree that,
metaphorically and poetically,
588
00:34:59,231 --> 00:35:01,370
a woman's body
may be priceless,
589
00:35:01,900 --> 00:35:05,245
but scientifically,
it'll get you $8.84.
590
00:35:05,303 --> 00:35:06,748
And that's a misdemeanor.
591
00:35:06,805 --> 00:35:09,513
And legally, it's worth what
someone is willing to pay for it.
592
00:35:09,574 --> 00:35:13,351
In this case the value of a
partnership in a major law firm.
593
00:35:13,745 --> 00:35:15,349
And that makes it a felony.
594
00:35:15,413 --> 00:35:19,122
Do you have an expert to quantify that?
I do, Your Honor.
595
00:35:19,184 --> 00:35:23,792
May I remind Your Honor that it is
not his place to write new law.
596
00:35:25,123 --> 00:35:29,401
Nothing new here, counselor.
Just expanding the old.
597
00:35:34,266 --> 00:35:38,373
HENDRICKS: At the time of the incident
Miss Maslin was 32 years old.
598
00:35:38,436 --> 00:35:42,714
Assuming that she worked
until standard retirement,
599
00:35:42,774 --> 00:35:46,312
that would give her 33 more
years as a working attorney.
600
00:35:46,378 --> 00:35:50,155
What is the average compensation
for a partner at Adderly, Perkins?
601
00:35:50,215 --> 00:35:52,695
HENDRICKS: According to
The American Lawyer magazine,
602
00:35:52,751 --> 00:35:55,163
the average partner
profit participation
603
00:35:55,220 --> 00:35:58,030
was a little over
$500,000 per year.
604
00:35:58,089 --> 00:36:01,696
So over those 33 years, Miss
Maslin could expect to earn
605
00:36:01,760 --> 00:36:03,831
about $16.5 million?
606
00:36:03,895 --> 00:36:05,101
That's correct.
607
00:36:09,234 --> 00:36:11,612
How many law firms are there
in the city, sir?
608
00:36:11,670 --> 00:36:15,311
Of the caliber of Adderly,
Perkins? I'd say perhaps 100.
609
00:36:15,640 --> 00:36:17,449
Is it possible that Miss Maslin
610
00:36:17,509 --> 00:36:19,921
could have obtained employment
in one of those firms?
611
00:36:19,978 --> 00:36:22,356
There's a big difference between
employment and partnership.
612
00:36:22,414 --> 00:36:26,157
So you're saying that she could not
have become a partner elsewhere?
613
00:36:26,218 --> 00:36:27,788
In the early '80s, perhaps,
614
00:36:27,852 --> 00:36:30,355
but the legal business has suffered
just like everything else.
615
00:36:30,422 --> 00:36:33,528
I'd say it was unlikely.
But not impossible?
616
00:36:35,594 --> 00:36:36,595
No.
617
00:36:38,930 --> 00:36:40,807
As a practicing psychologist,
618
00:36:40,866 --> 00:36:44,507
I have reviewed thousands of cases of
sexual harassment in the workplace.
619
00:36:44,569 --> 00:36:48,711
Have you found that there is a
typical reaction to such harassment?
620
00:36:48,773 --> 00:36:51,253
Well, it really depends on the
extent of the harassment.
621
00:36:51,309 --> 00:36:52,686
Some women go public.
622
00:36:52,744 --> 00:36:55,315
Some choose to leave their
place of employment quietly
623
00:36:55,380 --> 00:36:57,451
and others just suffer
in silence.
624
00:36:57,516 --> 00:37:00,258
But all of them describe it
as a demeaning experience.
625
00:37:00,318 --> 00:37:03,322
Why do some choose to put up
with this kind of behavior?
626
00:37:03,388 --> 00:37:06,392
There's a sense of impotence,
of futility.
627
00:37:06,458 --> 00:37:11,373
So in essence, some of these
women feel they can't leave.
628
00:37:12,163 --> 00:37:13,642
That's correct.
629
00:37:19,871 --> 00:37:22,511
Sexual harassment
isn't a crime, is it?
630
00:37:24,075 --> 00:37:25,110
No.
631
00:37:25,176 --> 00:37:28,487
But offering sex
for financial gain is?
632
00:37:28,546 --> 00:37:31,686
Your Honor. What do you
expect, Mr. McCoy?
633
00:37:31,783 --> 00:37:35,424
Overruled.
It's called prostitution.
634
00:37:36,888 --> 00:37:39,095
Miss Maslin
is hardly a prostitute.
635
00:37:39,157 --> 00:37:41,865
Why?
Because she has a law degree?
636
00:37:49,968 --> 00:37:51,879
If I buy you a drink,
637
00:37:51,936 --> 00:37:55,179
you promise not to charge me
with assault in the morning?
638
00:37:56,141 --> 00:37:58,849
If you promise
not to call me a hooker.
639
00:38:00,445 --> 00:38:04,154
J&B, neat. She's buying
me a vodka on the rocks.
640
00:38:04,215 --> 00:38:07,685
My client may be
two steps below a leech
641
00:38:07,752 --> 00:38:09,857
on the evolutionary chain,
642
00:38:11,022 --> 00:38:13,298
but that doesn't
make him a criminal.
643
00:38:14,259 --> 00:38:16,364
I know you know that, Jack.
644
00:38:16,962 --> 00:38:21,468
Be careful. The Women's Bar Association
will take away your membership card.
645
00:38:21,933 --> 00:38:25,506
So be it. I'm tired of sitting
around drinking herbal tea
646
00:38:25,570 --> 00:38:29,518
and complaining how tough
it is wearing a skirt.
647
00:38:30,141 --> 00:38:33,145
You'd rather lead a life
of quiet desperation?
648
00:38:36,214 --> 00:38:39,161
Sleeping with the enemy
is no solution.
649
00:38:39,751 --> 00:38:41,753
Passivity is the culprit.
650
00:38:42,253 --> 00:38:45,097
Think of yourself as a victim,
you become a victim.
651
00:38:48,460 --> 00:38:51,805
While you were an associate
at Adderly, Perkins,
652
00:38:51,863 --> 00:38:55,140
how many hours did you
typically bill per year?
653
00:38:55,200 --> 00:38:58,841
Over 3,000. Far and away
the most in the firm.
654
00:38:58,903 --> 00:39:01,474
Was that because you were slower
than the other associates?
655
00:39:01,539 --> 00:39:04,816
It was because
I had the largest caseload.
656
00:39:04,876 --> 00:39:06,446
At any given time
657
00:39:06,511 --> 00:39:10,015
I had a couple of dozen
active deals on my desk.
658
00:39:11,049 --> 00:39:14,587
So you worked for all the
partners in your department.
659
00:39:14,652 --> 00:39:15,858
On occasion.
660
00:39:15,920 --> 00:39:20,494
But I'd have to say 90% of my
work was for Spencer Talbert.
661
00:39:22,694 --> 00:39:26,073
Did you mind that?
At first it concerned me.
662
00:39:26,131 --> 00:39:31,103
To make partner you need the votes
of the majority of the partnership.
663
00:39:32,303 --> 00:39:35,284
But Mr. Talbert assured me
I shouldn't worry.
664
00:39:35,340 --> 00:39:39,254
And you believed him? He said
people vote as he votes.
665
00:39:40,111 --> 00:39:43,684
And he assured you
that you had his vote?
666
00:39:44,415 --> 00:39:47,487
He said
if I didn't sleep with him...
667
00:39:48,920 --> 00:39:53,892
I didn't have a chance to make partner
at Adderly, Perkins or any other firm.
668
00:39:53,958 --> 00:39:58,566
A partnership was that important to you?
Yes. I earned it.
669
00:40:02,834 --> 00:40:05,144
You could have gotten it elsewhere.
You could have left.
670
00:40:05,203 --> 00:40:06,876
A black woman
671
00:40:06,938 --> 00:40:10,909
who works eight years at a
firm only to get pushed out.
672
00:40:12,777 --> 00:40:15,519
You tell me,
where was I going to go?
673
00:40:20,351 --> 00:40:23,662
Did Mr. Talbert put a
gun to your head? No.
674
00:40:25,223 --> 00:40:28,602
Did he handcuff you?
No.
675
00:40:28,660 --> 00:40:32,164
Did he stick a sock in your mouth?
I'm not claiming he raped me.
676
00:40:32,230 --> 00:40:35,370
But once upon a time you did,
isn't that right?
677
00:40:35,433 --> 00:40:36,571
Yes.
678
00:40:36,935 --> 00:40:39,040
And that accusation was a lie,
wasn't it?
679
00:40:39,103 --> 00:40:42,107
You willingly consented to
have sex with my client.
680
00:40:42,173 --> 00:40:45,586
He threatened to ruin my career.
I see.
681
00:40:47,111 --> 00:40:51,491
How much money would you have made
had you remained a senior associate?
682
00:40:52,016 --> 00:40:54,462
$150,000 a year.
683
00:40:54,519 --> 00:40:55,930
Sounds like utter ruin to me.
684
00:40:55,987 --> 00:40:58,934
No. That's not the point.
It wasn't about the money.
685
00:40:58,990 --> 00:41:03,666
Well, that's a shame, counselor.
Because as it turns out for my client,
686
00:41:03,728 --> 00:41:07,141
it was the most expensive
roll in the hay in history.
687
00:41:10,501 --> 00:41:12,811
I bring in more business
688
00:41:12,871 --> 00:41:15,613
than any other lawyer
in the firm.
689
00:41:16,874 --> 00:41:19,718
I teach securities
at Columbia Law School.
690
00:41:20,478 --> 00:41:24,449
I chair several committees
at the Bar Association.
691
00:41:28,219 --> 00:41:32,167
I've drafted legislation
passed by Congress.
692
00:41:32,690 --> 00:41:36,228
No, counselor,
the shame of it is
693
00:41:36,294 --> 00:41:38,535
I couldn't have done
any of those things
694
00:41:38,596 --> 00:41:41,338
if I hadn't spread my legs
for your client.
695
00:41:56,781 --> 00:42:00,888
The People rest, Your Honor. Call
your first witness, Miss Powell.
696
00:42:02,820 --> 00:42:04,731
The defense rests as well,
Your Honor.
697
00:42:04,789 --> 00:42:07,998
Well, we can have summations
tomorrow morning.
698
00:42:09,994 --> 00:42:13,168
No witnesses. I'd say
Powell's a bit overconfident.
699
00:42:13,231 --> 00:42:14,835
Why shouldn't she be?
700
00:42:14,899 --> 00:42:18,244
You're asking the jury to create a
crime behind the legislature's back.
701
00:42:18,303 --> 00:42:21,841
That's because the legislature never
conceived of anything like this.
702
00:42:21,906 --> 00:42:24,944
There are seven women on the jury.
Which leaves five men.
703
00:42:25,009 --> 00:42:28,980
All of whom have probably fantasized
about their own co-workers.
704
00:42:30,682 --> 00:42:31,922
So what?
705
00:42:33,418 --> 00:42:37,491
If we assume that everything
Sarah Maslin said is true,
706
00:42:38,890 --> 00:42:42,667
my client is the quintessential
sexist son of a bitch.
707
00:42:43,528 --> 00:42:47,374
He not only took advantage of
Miss Maslin, he demeaned her.
708
00:42:47,432 --> 00:42:50,845
He humiliated her.
He destroyed her dignity.
709
00:42:51,602 --> 00:42:56,017
As a woman, I'd like to go over
there and smack him in the head.
710
00:42:56,808 --> 00:43:00,881
But as an officer of the
court, all I can do is say,
711
00:43:01,312 --> 00:43:02,757
"So what?"
712
00:43:05,383 --> 00:43:09,092
Sarah Maslin was ambitious.
She wanted to get ahead
713
00:43:09,153 --> 00:43:13,602
and she got what she wanted
by her own choice.
714
00:43:14,092 --> 00:43:16,834
She alone determined her fate.
715
00:43:18,263 --> 00:43:21,335
Sure she may be
emotionally distraught.
716
00:43:21,733 --> 00:43:24,543
But under the law,
you hurt someone's feelings,
717
00:43:24,602 --> 00:43:28,744
you take out your checkbook.
You do not go to jail.
718
00:43:31,509 --> 00:43:33,147
Give me the keys to your house
719
00:43:34,645 --> 00:43:36,955
or I'll charge you with murder.
720
00:43:38,282 --> 00:43:40,956
I'm the DA, I can do it.
721
00:43:45,490 --> 00:43:47,401
Give me $10,000
722
00:43:48,392 --> 00:43:52,568
or I'll tell the Feds about that shipment
of heroin I saw you pick up at JFK.
723
00:43:53,498 --> 00:43:56,411
I'm the DA, they'll listen.
724
00:44:00,037 --> 00:44:01,710
What would you do?
725
00:44:04,609 --> 00:44:08,113
I can tell you what I'll be doing
for the next ten years or so.
726
00:44:08,179 --> 00:44:10,159
I'll be in Attica.
727
00:44:10,982 --> 00:44:15,158
Because what I did is called extortion.
And it's a felony.
728
00:44:17,221 --> 00:44:22,034
Sleep with me or I'll tell your boss
that you're under indictment for fraud.
729
00:44:23,594 --> 00:44:28,100
It's not true, but do you really
think you'll be working next week?
730
00:44:32,904 --> 00:44:35,885
Sarah Maslin
worked for eight years.
731
00:44:36,407 --> 00:44:40,822
She was the best, the most
productive associate in her firm.
732
00:44:41,212 --> 00:44:45,285
She had clearly earned a partnership.
But the only way that she could get it
733
00:44:45,349 --> 00:44:49,923
was to have sex with the man who had
the power to make or break her career.
734
00:44:53,124 --> 00:44:54,660
Sarah Maslin
735
00:44:56,761 --> 00:44:59,503
laid down on that couch
for Mr. Talbert.
736
00:45:03,301 --> 00:45:06,578
But can any of us say
that she really had a choice?
737
00:45:18,783 --> 00:45:22,230
JUDGE SCHREIBER: Have you reached a verdict?
We have, Your Honor.
738
00:45:22,687 --> 00:45:24,394
On the sole count
of the indictment,
739
00:45:24,455 --> 00:45:27,732
grand larceny in the first
degree, how do you find?
740
00:45:28,559 --> 00:45:30,835
We find the defendant guilty.
741
00:45:34,165 --> 00:45:37,703
The defendant is remanded
to custody pending sentencing.
742
00:45:38,402 --> 00:45:40,109
(GAVEL BANGING)
Court is adjourned.
743
00:45:46,277 --> 00:45:50,350
Nothing like making new law.
Enjoy it for three months.
744
00:45:50,415 --> 00:45:52,292
I'm not so sure
it'll be reversed.
745
00:45:52,350 --> 00:45:54,728
Well, it's not the appellate
court I'm worried about.
746
00:45:54,786 --> 00:45:57,733
You think the legislature
will pre-empt them?
747
00:45:57,789 --> 00:46:01,896
I think the jails will be
too crowded if they don't.
748
00:46:01,946 --> 00:46:06,496
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