.
- In the criminal justice system,
sexually based offenses
are considered especially heinous.
In New York City, the dedicated detectives
who investigate these vicious felonies
are members of an elite squad
known as the Special Victims Unit.
These are their stories.
- It's 4:52 a.m.
I'm going into my second hour
of waiting at Bellevue. [woman coughing]
There's a police officer assigned to me,
but you can see she's multitasking.
- [laughs]
- They said it would be a while
until the "SANE nurse"--
Sexual Assault Nurse Examiner--
is free.
My insides hurt so much.
They won't let me drink anything.
I've been gagging on the taste of him for hours.
I told them I thought I was gonna throw up,
and they gave me this.
So...
- Kristi Cryer? I'm Jen, the SANE nurse.
How are you doing? - Not good.
Look, I really want some water.
- Okay. As soon as I swab your mouth.
- I already had a drink afterwards.
- Even so, better to hold off.
I know how hard this is.
Follow me.
So we are going right through here.
So first you need to change into this.
You can't record anything in here.
Hospital policy.
- Really?
- Yeah.
- 7:40.
They just finished my rape kit.
They swab everywhere.
- The detectives are here.
- Oh, just a sec.
Okay, come in.
[sniffles]
- Hi, I'm Detective Rollins.
This is Detective Carisi.
Do you prefer Ms. Cryer or--or Kristi?
- Kristi's fine.
- We understand you were assaulted tonight, Kristi.
- Can you tell us what happened?
- [sobs]
I was raped in a nightclub restroom.
- I'm sorry.
Can you describe your attacker?
- [crying] Um...short.
Dark hair.
I have his picture on my phone.
- Wait, I'm--I'm sorry.
Are you recording this?
- I'm a vlogger.
My--my followers want to know everything
that happens to me.
Sorry, what did you say your names were?
[somber music]
[dramatic music]
.
- You ask anyone at 1PP, Hank Abraham
was a political appointee.
He was never one of us.
No one's losing any sleep over him.
- Well, we all did.
I don't think I've ever known anyone so...
compartmentalized.
- It's the lies we tell ourselves
to get through the day. Anyhow...
My son has learned a lot under you.
- He works hard. He's...a good cop.
- So you agree.
You know it's time that he took on
a more high-profile role.
- Joint Terrorism? He mentioned that.
- All I'm asking is when the time comes,
give him your best recommendation.
- You don't even need to ask, Chief.
[club music] - Morning, Sergeant.
How's your first day back so far?
- Right in the thick of it.
- Right, isn't that Bobby D'Amico?
- The TV actor, yeah.
- She was assaulted at his club last night.
- Bobby D's Hideaway? And she recorded it?
- Yeah, this is from the beginning of her evening.
She's a vlogger.
- A vlogger, and she accused a date?
- No, actually, she accused the bar manager, Noel Panko.
Our vic says he followed her into the bathroom,
raped her, sodomized her.
- I'll put in a call in to Bobby.
See what he knows about this guy.
- You know Bobby D'Amico?
- Bobby's a friend of the department.
- Translation: He bought the brass
a lot of Nobu dinners
when he was researching his part for Jack Byrnes.
- Ah, right, right-- the morally-conflicted D.A.
turned bad boy rogue cop?
- [laughs]
Bobby's good people.
Anytime there's a benefit for the widows and orphans,
he is on that podium.
- That's good to know, but for the meantime,
why don't we hold off on calling him.
- But keep in mind, people look at a celeb,
and they see an easy payday.
- Oh, that was subtle.
- So Bobby D'Amico's a friend of your father's.
Yours, too?
- I know him. Not a fan.
- Okay.
So Kristi was at the bar with a friend?
- Yeah. - She disclose to her?
- No, it was the girlfriend's birthday,
and Kristi didn't want to ruin her night.
- Well, it's the morning after. Find out what the friend saw.
- Kristi was raped?
- You don't follow her vlog?
- No, but I was with her last night.
- At Bobby D's. How long did you stay?
- Till after 3:00. I put her in a cab.
- Okay, before that, you two were together the whole night?
- Yeah. Well, wait.
I did go out a couple of times for a smoke.
- You remember what time that was?
- After 2:00 at least.
They were playing Billy Joel by then.
- And did Kristi seem any different
when you came back in? - Not really.
We were both pretty drunk.
- Do you remember anybody making eyes at her,
maybe getting grabby?
- No one creepy.
We were mostly at the bar.
The manager--Noel something--
he might be able to help you.
- Noel Panko? Short, with a beard?
- Yeah. He was attentive.
You go to a bar with Kristi, you never pay for drinks.
Even Bobby D'Amico was flirting.
Kristi danced with him.
They kind of made out a little.
- Henry, Henry.
[speaking French]
The resistance...
is coming towards the front.
- No, Louis. They are here.
I am with them.
This is America.
We'll never speak French.
- Cut! [bell rings]
Let's set up the next shot with blood packs.
- Bobby.
- Hey, Mike. - Hey.
This, uh, this looks good.
- Oh, "Napoleon in America."
The concept is, what if Napoleon invaded us
instead of Russia?
I lead the resistance.
We start streaming in the fall.
Netflix. - Huh.
Anyway, the reason I called, uh...
- Yeah.
- There may have been some trouble at your club last night.
- Really? I was there the whole time.
- What about your manager, Noel Panko?
What can you tell me about him?
- I can tell you when he lost his virginity.
We grew up together in Union City.
- And how long has he been working at your bar?
- Since we opened.
What are you asking about Noel for?
Come on, I played a cop for ten seasons.
Don't dance around. What's up?
- Do you recognize this girl?
- Yeah, she was at the bar last night.
It was her friend's birthday.
- And you and Panko bought her drinks?
- Well, never hurts to have a pretty girl at the bar.
What's she saying?
- Well, you tell me your side.
- Okay. She's a freak.
- Meaning?
- Meaning we danced, we made out,
and then we went and made beautiful love in the bathroom
for three minutes.
- Wait, you had sex with this girl?
- Totally consensual.
- Just you and her?
- At first, and then Noel came looking for me,
and she took care of him too.
- And she was fine with all that?
- She's a big fan,
and this definitely was not her first tag team.
If she's complaining now, it's a shakedown.
*
- One big, happy, consensual three-way in the bathroom.
- Yeah, D'Amico wasn't shy about it.
- He and Panko are childhood friends, though.
He's covering for his buddy.
- Yeah, or she's leaving out a big part of the story.
Look, Bobby's not a dummy, right?
He's not going to put himself in the bathroom with her
if he wasn't there.
- Yeah, okay-- - And let's--and let--
Let's--let's remember that her own friend said
that she was dancing after she claims to have been assaulted.
- Hold on, Carisi, we all know that her affect afterwards
doesn't mean anything.
Even if she did have consensual sex with D'Amico--
- And left that out.
- Panko still could have assaulted her.
Look, Dodds and I will talk to him.
In the meantime, bring Kristi in,
and find out what else she's not telling us.
- Yeah, Bobby called me. What is this girl's problem?
- My guess is she's mad you didn't send flowers,
but she did go to the emergency room,
so my boss and I, we need to follow up.
- So how do you think she might have gotten hurt?
- I don't know.
You got three people in a small, tiled bathroom.
Wild things happen to wild things. [scoffs]
- So she was into it, like Bobby says?
- Yeah. I mean, Bobby's catnip to the ladies.
They come in here hoping for a moment.
- Right, right, but we're talking
about you, Mr. Panko.
So how much will they do for you?
- Well, I get my share of the runoff.
Why, what is she saying?
- Bobby told us you walked in on 'em.
- Yeah, I mean, I went looking for him,
and I saw that he was busy,
and she invited me to stay.
- She did?
What did she say, exactly?
- Uh...I don't--
I mean, maybe it was Bobby who said it.
But look, he--he--he tells his fans to go down,
and they say, "How low?"
- "How low?"
- You think I'm lying?
- Bobby told us you have security cameras above the bar.
We're gonna need to see that footage.
- Yeah, we're also gonna need the cameras out
from the hallway, out in front of the bathroom.
- Yeah, yeah, yeah, you can take it all.
Look, she was here till the last call,
I mean, twerking the entire night.
- Okay, I went into the bathroom with Bobby.
I didn't tell you,
because I didn't want you to think I was a slut.
- You need to be completely honest with us, okay, Kristi?
Everything you say or don't say
can be brought up at trial.
- Okay, I get it.
I--I'm sorry.
- All right.
So full disclosure.
Did you have consensual sex with Bobby?
- Just oral.
- And then what happened?
- Noel came in like he knew we were there.
- And you were okay with that?
- Not really,
but Bobby asked if Noel could join us,
and I said no, and then Bobby said,
"Look at those puppy eyes. You hurt his feelings."
- That's too cheesy for her to make up.
- How do we know that?
I'm not sure this girl has any grip on reality at all.
- Please?
- I wasn't into it, but Noel wouldn't leave.
- So you went along?
- No. I...
Look, I was pretty drunk.
I don't remember everything.
I heard the door open, and Bobby was gone.
- So Bobby left,
and--and Panko stayed?
- I was rinsing my face,
and Noel pushed me onto the sink,
and he raped me from behind.
What, you don't believe me?
- We need to make sure the timeline is clear.
Now, the video does show
that Bobby left the bathroom first.
- The problem is, ten minutes later,
you're on the dance floor with your friend,
acting like nothing happened.
[dramatic music]
- I told you, it was Sheila's birthday.
I didn't want to...
bum her out.
Noel raped me.
I swear to God.
[knocking at window]
- Kristi, can you give us a minute?
*
- Full house, huh?
- I know.
I--I know this looks bad.
- Bad?
She's a train wreck. - Dad.
- Look, she's not the most credible victim,
but I definitely think something happened to her.
- Probably a lot of things.
It's a they-said, she-said.
She changed her story, and she went on dancing
after the alleged assault.
- None of that means she wasn't raped.
- Well, nobody's saying that. - The Chief is, actually.
- Counselor. - Mm-hmm?
- If the jury sees an attention-seeking vlogger
pull a TV star into the bathroom
and then sees her partying
ten minutes after she was supposedly raped,
how would that play?
- Not well. - We've taken on tougher cases.
- We have to pick our battles.
- Rollins, this girl's story is compromised.
- All right, hold up. What if we find a pattern?
- That's up to the lieutenant.
- Actually, it's up to me.
There's a difference between proactivity and harassment.
- Okay, so what do you propose that I say to this girl?
- Tell her we're sorry,
but the D.A. won't move forward.
Get her a ride home.
- These are the hardest conversations
that I have to have.
There's not enough evidence to make an arrest.
*
- [crying]
I was raped.
- Yeah.
- Don't you believe me? - Yes, I do, Kristi.
I do; I absolutely do,
but the--the question is,
can we prove it beyond a reasonable doubt?
- I should have--
I never should have said anything at the hospital.
- Listen, that evidence...
your rape kit stays on file.
Your case stays open,
and we can provide you with medical treatment,
with counseling.
- I was so stupid.
I was so excited to have a big star interested in me.
- You didn't deserve what happened to you.
Kristi,
none of this was your fault.
- If you say so.
[dramatic music]
*
- Okay, Dad. Thanks.
Bobby D'Amico says he owes us one.
- Oh, great.
- So what, case closed?
- Certainly looks like it.
- Now, hold up.
I mean, I know this girl is a hot mess,
but does Chief Dodds really think
that she cried rape for attention?
- She is a 24/7 vlogger. - That's the thing.
I've been going through her posts--three years' worth--
and she has partied with a lot of celebs.
She posts all the pics.
She wants everybody to think that she's having fun.
- Well, not anymore.
Her latest vlog just went viral.
- You all saw me in the ER,
but I didn't tell the whole story.
I was gang-raped at Bobby D's by Noel Panko...
and Bobby D'Amico.
I told the police that I was raped,
including Lieutenant Olivia Benson of the SVU.
She told me that she believed me,
that it wasn't my fault...
but that no one would be arrested or charged.
[crying]
I may be a special victim,
but to SVU,
I'm not as special as Bobby D'Amico.
[somber music]
.
- She's out of control, Bill. First she accuses Noel,
then she throws my name in the garbage?
I got a Golden Globe. I went to Yale.
I don't deserve this.
- She blindsided all of us.
As of yesterday, the District Attorney
had elected not to proceed.
- So she accuses me?
Throws my name in the gar-- you saw that video.
- No one's questioning whether it started consensually.
- You're actually gonna take that nutjob seriously?
That vlog pissed on you guys as much as it pissed on me.
- Yes, it did, and we are talking to Kristi right now.
- I'm at over 100,000 followers.
People want to know what those two did.
- Kristi, it would have been a lot better
if you would've told us and not your followers
that you were also raped by Bobby D'Amico.
- Why? It's pretty obvious to everyone
that you're looking out for him.
Did you even read the comments on my vlog?
- I get that you're-- you're worried
about accusing a celebrity.
I get that, but--please.
This is your last chance.
You've got to tell us exactly what happened.
- Okay.
It's like I said.
I was giving Bobby oral when Noel came in.
Bobby asked if Noel could join us.
I said I wasn't into that,
so Bobby said, "You're gonna hurt his feelings."
I--I told Bobby I wanted to go back upstairs.
- And then what happened? - Bobby got mad.
He said I couldn't leave him like that,
that I had to finish what I'd started.
He pushed my head down until he was done.
- And Noel Panko was still there?
- He was watching,
and then Bobby left, and I went to the sink,
and Noel pushed into me from behind and raped me.
- All I know is, when I was there,
it was totally consensual.
- The video shows Noel stayed a few minutes after you left.
- I'm sure that whatever he did
she wanted him to do.
- Okay, so how can you be sure?
Right?
What did she say, exactly,
when Noel walked in?
- Her exact words? - Yes.
- I don't know. Her head was in my lap.
- Excuse me?
- Okay, let's all take a step back here,
and, Bobby, you should probably have this conversation
with your lawyer present.
- That's a good idea.
They need me back on set, anyway.
You need me, you know where to find me.
*
- Why would you have him lawyer up
when he's giving a voluntary statement?
- And she's making public accusations.
He could be as much of a victim as she is.
- Okay, can we get some clarity
on how we're supposed to respond here?
- We already agreed not to press charges.
- Yes, that was before she named another rapist.
- So Rollins and Carisi take a revised statement,
and we reassure the public we're investigating,
but let's be real here.
The sooner this goes away, the better.
- I'm not taking down my vlog.
- Well, can you at least put your phone down?
- No. My followers are being very supportive.
Here's something.
Another accusation.
Told you I wasn't lying.
- What?
"Thank you for being so brave, Kristi.
"You're not alone.
"I was attacked by Bobby D'Amico
"and his disgusting friend, Noel, last fall.
Those two are pigs."
- This is from one of your followers?
*
- Tara Browne?
- Yes?
- We'd like to talk to you about some comments
you posted online. - On Kristi Cryer's vlog.
- That post was anonymous.
Aren't I protected by privacy laws?
- Well, I guess you didn't read your user agreement.
Listen, it sounded like you really wanted to help Kristi.
Do you?
- Look, I just feel bad for her.
I went through what she went through.
- It said in the post that you were assaulted
by Bobby D'Amico and Noel Panko.
Was that at Bobby D's? - Yeah, last year.
- Can you tell us more about that?
- I was kind of going down on Bobby.
The door opened, and it was Noel Panko,
like he knew we were in there.
- What did Bobby say?
- He asked if I would take care of Panko.
- Do you remember what he said exactly?
- After I said no, he said,
"Aw, look at those puppy eyes. You hurt his feelings."
*
Look, I wanted to get out of there.
I tried. They wouldn't let me.
Bobby pushed my head down, and Panko...
he raped me from behind.
- Why didn't you go to the police?
- I was drunk.
I went into the bathroom with Bobby.
I didn't think anyone would believe me.
I saw Kristi's vlog, and I just wanted her to know
she wasn't crazy.
- Well, what Kristi really needs
is for you to go to the D.A. and tell this story.
- Would you be willing to testify?
- You mean like in court?
Yeah, I don't think I can do that.
I--I don't want to lose my job.
- Tara, most employers understand.
- Not mine.
*
- You found a second victim, but she works for Bobby D'Amico?
- No, not for him,
but she is a P.A. on his Netflix series.
- Right, so basically, she took a payoff.
- It makes sense if he and Panko raped her.
- And explains why she didn't go to the cops.
- Which also doesn't help us.
It was six months ago, no disclosure.
- Look, her story is consistent with Kristi's.
I mean, down to details that weren't on the vlog.
- I mean, these guys probably do this every weekend, right?
I mean, Bobby targets the cutest girl in the bar,
gets her drunk, gets her to do Noel, too.
- Yeah, nine times out of ten, the girl goes along with it,
but if one doesn't, these guys don't take no for an answer.
- Okay, okay, I'm not--wow.
I'm not saying these guys aren't despicable,
but I am saying I still can't prosecute.
- Okay, hang on, Barba.
Have any other girls spoken up?
- No, 'cause Kristi had to close down the comment section.
All that love turned to hate.
- Any calls to the precinct?
- Look, it's early still. Right?
We all know how difficult it is for victims to come forward.
- Well, until they do, we don't have a case.
- I'm calling it a night.
Don't you have a baby at home?
- I got a great nanny,
but thanks for asking.
- Sorry. I got a lot of respect.
It just must be tough, being a working mother.
- You know what's tough?
Two asshats getting away with rape.
- Okay, when there's no case, there's no case.
The victim compromised herself.
- Yeah, but they saw her coming.
They got her drunk; they played to her ego,
her wild streak, got her to come--
- Yeah, you mean her crazy streak?
I mean, you do know that she's unstable, right?
- Yeah, okay, right. I get that.
You probably think I have a blind spot
because of my sister.
Right? - What? No.
No, not at all.
- 'Cause you do know that these two guys are guilty,
including your dad's friend Bobby.
- You think I'm a daddy's boy.
- No, I don't.
- Right.
Bobby D'Amico is no friend of mine,
but until these two get caught in the act,
they're gonna keep getting away with it.
- And I guess you're just fine with that.
- Why don't you clock out, go home?
- Why don't you stop telling me what to do...
Sergeant?
- Okay, another shot.
both: On the house. - Thank you, sir.
- My mama is gonna flip
when she finds out that I met you.
- Oh. She here with you in New York?
- What kind of vacation would that be?
[dance music]
- It's a busy city.
Girl could get into trouble.
- Boys.
I mean, no matter what age,
y'all just never figure out that some women like trouble.
- Oh...
[tense music]
.
- [breathing heavily]
[groans]
- [laughs]
- Oh...look. Listen...
No, no, no. I'm sorry, I for--
I forgot to tell you. I have a boyfriend back home.
- Oh, it's okay.
I'll keep my lips sealed if you won't.
- I can't-- [knock at door]
Excuse us.
- You two have met.
- Hey.
- You want a really good story to take home?
- Me? What kind of story?
- I think you know.
Right?
- I--no, no, no.
I want to-- I want to go back upstairs.
- Uh-uh, not yet. Not yet.
- [gasps]
No, no.
- Those puppy eyes.
You can't hurt his feelings.
- [grunts] No, no.
I--I said no.
- "No," as in you know... - Ow.
- You want this.
Come on, baby... - No.
- This is what you came in here for.
- Hey--
[grunts]
- Huh? - Okay.
- You make one move, and I will snap your arm.
- Okay.
- Oh, God.
- [grunts]
Okay, I'm sorry if you misunderstood.
- I didn't misunderstand anything.
- [grunts]
Hey.
- Stay away from me.
- I'm sorry about my friend, okay?
- [scoffs]
What the hell are you doing here?
- I had a feeling you weren't going home.
- You followed me?
- Mike, good to see you.
You two know each other?
- No. - Yeah.
Yeah, we do. We work together.
- You a cop?
- Yep.
Now, I was gonna wait until tomorrow, but...
you're under arrest for attempted rape.
[dramatic music]
- So you want me to take 'em down to the station?
- Yes. - No.
Just give us a second.
- I'm s--Dodds. What--what are you doing?
Just butt out. This is my collar.
- Rollins, you can't arrest him.
- I'm sorry, why?
Why, 'cause your father said so?
- No, because you went undercover
without authorization... - Detectives.
- On an open investigation
when the suspect was already lawyered up.
- What? When did that happen?
- When his dad told him to this morning.
- Son of a bitch.
- So, setting a honey trap for my client,
or is this what new mothers are wearing these days?
- You know what? Save it, Counselor.
- Given your unseemly tactics,
unless you take those cuffs off my clients,
NYPD is facing a major lawsuit.
*
- Let 'em out of there.
- Seriously?
- They're not off the hook.
We're gonna take this up with Barba tomorrow.
- Yeah.
You okay? - Yeah, I'm great.
- All right.
- I want to go back upstairs.
- Not yet.
Come on. Come on, look at my friend.
Look at those puppy eyes.
You can't hurt his feelings.
- No. I said no.
[TV clicks off]
- You used yourself as bait?
- Uh, yeah.
Dodds said if we didn't catch these two in the act,
then they were gonna walk.
- Oh, so this was his idea?
And now I have to hear from your father,
the Deputy Chief, that two members of my squad
went completely rogue on me.
- We're here now. This is pretty damning video.
- Except it's more prejudicial than probative,
and they'd already invoked their right to counsel.
- All right, well, technically cops are not allowed to talk
to them without their lawyers present, right?
What if, while the cops are illegally talking to them,
they commit a crime?
- That's fun question for a bar exam.
Any judge would throw this out.
- Are we talking about Detective Rollins' antics last night?
Bobby D'Amico called me
to tell me that you came on to him.
- No, they tried to rape me.
- It does look bad, Chief.
- You know you want this.
- I mean, it's the same M.O. as Kristi.
- Same M.O. as the other victim we found, too.
- The one who won't testify. - Kristi will testify.
- You sure you want to walk into a court
with an online ranter as your only witness?
- I can talk to her again, See if she's up for it.
- You know what? We both will.
- Make sure she doesn't record it.
- I'm gonna need your phone.
Is it off?
- Yes, it's off.
- Trust, but verify. Purse too.
- I'll hold it for you until you're done.
- Sit down.
- There, you can sit here.
- So, you're the D.A. who said there isn't enough
for my case to proceed.
- Uh-huh, I am. Now I'm reconsidering.
- Reconsidering?
Oh, now you believe me? - Kristi.
I'm on your side here.
- Yeah, well, he isn't. - Can you blame me?
Right now, we need to find out
just what kind of a witness you'd be.
- I always tell the truth.
- [scoffs] Seriously?
- Why did you even ask me down here?
What, to tell me it's impossible?
- We asked you down here to give you a taste
of what a trial's gonna be like.
- Look...
you didn't tell us the whole truth.
You vlogged public accusations.
Now, we understand that you were frustrated,
but...that looks bad.
- The defense is gonna attack your misstatements,
your lifestyle, your penchant for publicity.
- I didn't get myself raped so I could put it online.
What those two did in that bathroom
is the worst thing that has ever happened to me.
*
I want to look them in the eye
while the jury hears what they did to me.
.
- All these cameras, I'm surprised Kristi's not here.
- Yeah, well, I think Barba set some ground rules.
- This is gonna be a tough case for him.
- I give him credit for bringing it at all.
I mean, Barba's getting a lot of heat from 1PP.
- Speaking of heat--listen,
I know it's none of my business, Lieutenant,
but Rollins and Dodds-- they got your message.
Hey, can I get a kaiser roll with butter
and two coffees, please?
- Okay, first of all,
Dodds was just covering for Rollins.
She did this all on her own.
I'm not stupid. - Copy that.
- And second of all,
she hasn't said anything about this to me.
- She's really upset, I mean... - Yeah?
- She told me. - Is she?
You know why she did that, Carisi?
Because she figured that you would tell me,
so do me a favor,
and tell her I don't like triangles.
- That's the defendant, Mr. Panko,
bringing another round of drinks to Ms. Cryer and her friend.
- How many rounds did he serve them?
- Five shots of expensive, imported tequila
in just over an hour.
- And how much did she pay for those drinks?
- Nothing.
We reviewed the club's surveillance footage
and the bar receipts.
Ms. Cryer was never charged.
- Thank you.
- When Ms. Cryer first told the police she had been raped,
did you believe her?
- Given her disclosure and the hospital rape kit,
we decided there was enough evidence
to pursue an investigation.
- You investigated, but then the D.A.'s office
concluded there wasn't enough evidence for an arrest.
Isn't that right? - Yes.
- Is that because you had caught Ms. Cryer in a lie?
- She didn't lie.
She initially omitted Mr. D'Amico's involvement.
- "Involvement."
What she described as consensual oral sex
only after you spoke to Bobby D'Amico
and after you obtained video
of her entering the bathroom willingly with him.
- Yes, but after a subsequent conversation with Ms. Cryer,
we expanded the rape investigation
to include Mr. D'Amico.
- Was it a conversation,
or did you find that out from her vlog?
- It was on her vlog,
but she confirmed that story to us.
- So, to be clear,
first, she said she had been raped
by Mr. Panko only.
Then, when confronted with video
of her entering the bathroom with Mr. D'Amico,
she admitted consensual oral sex.
Then, when your D.A. declined to press charges,
she upped the stakes
by saying she had been raped by both Mr. Panko
and Mr. D'Amico.
Wait, am I leaving anything out?
- It's not unusual for rape victims
to initially omit details or for their stories to change.
- Twice?
I can't wait to hear what story she tells on the stand.
- Objection, Your Honor.
Please remind the defense counsel
that sarcasm is the weapon of the weak.
- That's enough, Mr. Barba...
and Mr. Buchanan.
The objection is sustained. Jury will disregard.
- Then he told me that if I liked him,
I needed to take care of his friend too.
I said no, but he forced me to finish with him
while Noel Panko watched.
Then Bobby left,
and while I was splashing my face with water,
Noel put a hand over my mouth
and forced himself into me from behind.
- When you first reported this to the police,
you--you didn't mention that Mr. D'Amico
was part of the assault.
Why not?
- Because I went into that bathroom with him.
Because he was famous.
Took time for me to understand
that they were to blame for what happened.
Not me.
- Thank you, Kristi.
- Good morning, Ms. Cryer.
So, you lied to the police
because you thought it was your fault.
- Objection. - Sustained.
Do you have a question, Mr. Buchanan?
- Certainly, Your Honor.
What is this, Ms. Cryer?
- My website.
- Yes. TownCryer, hosted by YOLOvlogspot.com.
What do you usually post there?
- Videos.
Pictures of my friends and me going out.
- Living the high life?
- Objection. Relevance.
- Get to it, Mr. Buchanan.
- Let's start from when you all met.
You removed this picture from your site,
but the Internet is forever, isn't it?
You look like you're having fun.
- I was...then.
- And this one? Were you having fun here?
- I didn't know I was about to be raped.
- Moving on.
- I was raped in a nightclub bathroom.
- Now, in this vlog,
you didn't say Bobby D'Amico had raped you, did you?
- Objection. Asked and answered.
We've already established that Ms. Cryer
made inconsistent statements to the police.
- Your Honor, these vlog entries aren't admitted for truth
but as motive for these inconsistencies.
- I'll allow it.
- Now, Ms. Cryer,
what is this little number under the video?
- The number of times it's been viewed.
- 19,016.
Before that, what was your highest-viewed video?
- About 800.
- 704, actually.
So, cry rape and your numbers go up,
is that how it works? - That's not why I accused--
- So after you made this allegation,
the police investigated,
and the D.A. declined to prosecute,
which led to this video.
- You all saw me in the ER,
but I didn't tell the whole story.
I was gang-raped
at Bobby D's by Noel Panko...
and Bobby D'Amico.
- How many views did that get?
Oh, let's see.
411,064.
That's quite a jump.
You get paid by the click, don't you?
- That's not why I accused him. - It's not?
Did the police ask you to take it down
while they conducted their investigation?
- Yes, but I--I wanted everyone to know what he did to me.
- Well, not at first.
At first, you didn't even tell the police
you had made out with Mr. D'Amico.
You didn't tell them
that you had gone into the bathroom with him
and happily performed oral sex on him.
- Objection. Badgering the witness.
Again, this has been asked and answered.
- Move it along, Mr. Buchanan.
- I'm trying, but the jury
has so many stories to sort out.
Like this one.
After your encounter,
you went back upstairs,
dancing and drinking with your girlfriend.
[dramatic music]
[scoffs]
I'm sorry. Wait.
This is not from your vlog.
This is security footage from the club.
- I didn't want to upset my friend.
- So here,
while you're dancing and drinking,
did you think you had just been raped?
Or did you think you had another fun story for your vlog?
- Objection. Your Honor.
- Withdrawn.
So just to clarify,
you were having fun upstairs.
You were having fun
in the hallway downstairs,
and you were having fun
on the dance floor afterwards.
So the only time you claim
you weren't having fun
was in between.
That ten-minute gap when, conveniently,
you stopped recording.
And, regarding that gap,
you've told three very different stories.
But I guess telling stories is your art form, isn't it?
*
- [weeping]
*
[sobs]
.
- Yesterday was brutal.
- She wanted her day in court.
She looked them in the eye, and then she got destroyed.
- So you're going to bring her back for a redirect?
- I think the jury's seen enough of her.
- Look, the good news is it's a he-said, she-said.
- Uh-huh. - Right?
So they both have to take the stand, testify,
and tell their sleazy side of the story.
- And to know them is to loathe them.
I was up all night prepping.
If I trick them into opening the door,
I'll get the judge to let me use Rollins' video to impeach them.
They don't know it yet, but this is their last dance.
- Good morning, ladies and gentlemen.
Mr. Buchanan,
I see here you have two witnesses on your list?
- I do, Your Honor.
Mr. D'Amico and Mr. Panko.
- Are you ready to call Mr. Panko at this time?
- Actually, I'm not.
Given what we believe is the prosecution's abject failure
to make a coherent case--
- Your--Your Honor--
- And our many reasonable doubts
about the alleged victim's testimony,
the defense has decided
not to call any witnesses at all.
We feel comfortable leaving this in the jury's hands.
*
- Hey, Counselor, you got a second?
- Not really.
I've got 15 minutes
before I have to face a firing squad.
- The honchos coming down on you, huh?
- Oh, they're past that.
- Look, Kristi is a-- she's a horrible victim,
but she's not lying.
I mean, you saw what those guys tried to do to Rollins.
- They're going to get away with that too.
- Yeah, but it's worth the fight.
Listen, I, uh...
I took the bar last weekend, and I think I did okay.
- Good for you.
- And you've been pretty hard on me,
but I want you to know
that if I did pass, a lot of that's because of the time
I spent working with you.
I admire your, uh...
- Suicidal streak?
- Hey, guys...
the jury's back?
- What, already? They just sat down.
- I doubt they even sat.
- You have a verdict?
- We have, Your Honor.
On the charges of rape and sodomy
in the first degree,
we find the defendants, Noel Panko and Bobby D'Amico,
not guilty.
*
- Mr. D'Amico and Mr. Panko,
you are free to go.
The State of New York thanks the jury for their service.
[taps gavel]
[somber music]
*
- I'm a national joke.
Nobody's gonna believe me, ever.
- Hey, Kristi.
Kristi.
I know exactly what those guys did to you.
- Nobody else will.
- No.
I said no. - "No" as in
you know you want this?
- Again, according to anonymous sources,
although D'Amico and Panko were acquitted of all charges,
the judge did not allow the jury to see this video,
which we have acquired exclusively.
The horrifying video
that was taken by an undercover SVU detective
appears to show an assault and attempted rape
by the two defendants.
The judge did not allow the jury to see--
- Ugh. Talk about a Waterloo.
There goes his Netflix series.
- You never know.
- After this? He's toast.
- Rollins, my office, please.
- Liv, I swear to God, I did not leak that video.
- So I'm supposed to believe you now?
You went undercover without informing me.
This is another example of you asking for forgiveness
instead of permission.
- But I--Liz, wait, wait. I've--no, no, no.
I'm not asking for forgiveness, because I didn't do anything.
- Please stop.
- The defense, the judge, Barba
all had access to that video.
Literally dozens of people could have turned it over.
- We know the defense didn't do it, Amanda,
so I hope you're not seriously suggesting that it was Barba.
- Well, I just know it wasn't me.
- You know,
I thought that things would change after you had Jesse.
I thought that you would think before you acted.
I was hoping to get past my trust issues with you,
and now this.
- I swear on my baby girl
that I did not do this.
- You know there's gonna be an investigation, don't you?
They're gonna go through your cell phone, your computer.
- That's fine. - Yeah, is it?
Not to mention that Buchanan is gonna bring on a lawsuit.
- Really?
You think D'Amico's gonna want to sue
over a video that shows him trying to rape me?
[knocking at door]
- Am I interrupting?
- Yeah. - No.
Rollins and I are done.
- She just stood there, and she lied to my face.
And I don't know what to tell your father,
because she swears that she didn't leak the video.
- I believe her.
- Why?
- Because I know who did.
Don't worry. It can't be traced.
- What are you telling me?
- I don't want to put you between me and my father,
so you might want to stop asking questions.
- Okay.
- Bobby D'Amico got what he deserved.
Told you I never liked the guy.
*