1 00:00:05,606 --> 00:00:07,498 {\an8}- In the criminal justice system, 2 00:00:07,499 --> 00:00:09,008 {\an8}sexually based offenses 3 00:00:09,009 --> 00:00:11,110 {\an8}are considered especially heinous. 4 00:00:11,111 --> 00:00:13,614 {\an8}In New York City, the dedicated detectives 5 00:00:13,714 --> 00:00:15,515 {\an8}who investigate these vicious felonies 6 00:00:15,516 --> 00:00:17,050 {\an8}are members of an elite squad 7 00:00:17,150 --> 00:00:18,911 {\an8}known as the Special Victims Unit. 8 00:00:19,011 --> 00:00:20,854 {\an8}These are their stories. 9 00:00:22,589 --> 00:00:25,816 [siren wailing] 10 00:00:25,817 --> 00:00:28,352 - [panting] 11 00:00:28,353 --> 00:00:31,365 [train rumbling] 12 00:00:37,971 --> 00:00:40,765 - The train is now approaching. 13 00:00:40,766 --> 00:00:43,543 - [wails] 14 00:00:53,687 --> 00:00:56,756 [indistinct PA announcement] 15 00:00:56,757 --> 00:00:57,975 [door chimes] 16 00:01:04,932 --> 00:01:07,985 [train rumbling] 17 00:01:16,902 --> 00:01:17,869 Ah! 18 00:01:19,279 --> 00:01:21,981 [frantic groans] 19 00:01:21,982 --> 00:01:24,850 [tense music] 20 00:01:24,851 --> 00:01:31,925 ♪ ♪ 21 00:01:35,596 --> 00:01:37,155 No, don't, don't, don't. 22 00:01:37,255 --> 00:01:38,598 - Is this yours? 23 00:01:38,699 --> 00:01:45,605 ♪ ♪ 24 00:01:47,441 --> 00:01:50,444 - [sobbing] 25 00:01:53,413 --> 00:01:55,114 - Are you all right? 26 00:01:55,115 --> 00:01:58,201 - [sobbing] 27 00:01:59,277 --> 00:02:00,419 I-- 28 00:02:00,420 --> 00:02:04,015 I think I was raped. 29 00:02:04,016 --> 00:02:06,293 [sobbing] 30 00:02:06,393 --> 00:02:12,090 ♪ ♪ 31 00:02:19,139 --> 00:02:21,208 - Special Victims? - Yeah, I'm Benson. 32 00:02:21,308 --> 00:02:22,441 - All right. 33 00:02:22,442 --> 00:02:24,810 Emily, can we get you back to the bed? 34 00:02:24,811 --> 00:02:27,079 - I threw up. - That's okay. 35 00:02:27,080 --> 00:02:30,016 That's okay. So, Emily, I'm Olivia. 36 00:02:30,017 --> 00:02:32,209 And I'm a police captain. 37 00:02:32,210 --> 00:02:36,489 And, uh, you up--you up for answering a few questions? 38 00:02:36,490 --> 00:02:37,890 - Can I have some water? 39 00:02:37,891 --> 00:02:39,743 - Yeah. - Here you go. 40 00:02:41,161 --> 00:02:42,153 Here you go. 41 00:02:42,154 --> 00:02:43,262 We get a BAC? 42 00:02:43,263 --> 00:02:44,555 - Double. 43 00:02:44,556 --> 00:02:47,533 - So, Emily, how much did you have to drink? 44 00:02:47,534 --> 00:02:50,327 - Two. - Two drinks? 45 00:02:50,328 --> 00:02:51,971 - Tequilas. - Mm-hmm. 46 00:02:51,972 --> 00:02:53,572 - And, uh, 47 00:02:53,573 --> 00:02:55,075 four White Claws. 48 00:02:55,175 --> 00:02:58,011 - Okay, so six drinks. 49 00:03:00,672 --> 00:03:03,240 - No, and then we went to Josh's 50 00:03:03,241 --> 00:03:05,352 and had some more. 51 00:03:06,753 --> 00:03:08,254 And then I don't remember. 52 00:03:08,255 --> 00:03:10,148 - I think they were forcing her to drink. 53 00:03:11,917 --> 00:03:14,861 - Is that true, Emily? Were they forcing you to drink? 54 00:03:19,024 --> 00:03:20,766 - Yeah, maybe. 55 00:03:20,767 --> 00:03:25,905 - Okay, so right now, how about we stick to what you actually 56 00:03:25,906 --> 00:03:29,442 do remember, okay, Emily? 57 00:03:29,443 --> 00:03:31,378 So who is Josh? 58 00:03:33,363 --> 00:03:34,881 - He's my friend. 59 00:03:37,350 --> 00:03:40,344 Uh, they--they all are, except for that one guy. 60 00:03:40,345 --> 00:03:42,354 - Three men, took turns. 61 00:03:42,355 --> 00:03:44,307 And you were passed out, right, Emily? 62 00:03:47,561 --> 00:03:48,795 - [whispers] I don't remember. 63 00:03:48,895 --> 00:03:51,097 - No, remember, we talked about that. 64 00:03:51,098 --> 00:03:52,865 - Can you come outside and talk to me, please, for a moment? 65 00:03:52,866 --> 00:03:54,151 Excuse us. 66 00:04:00,073 --> 00:04:03,943 Look, I appreciate that you're trying to help, I really do. 67 00:04:03,944 --> 00:04:05,511 But right now, I just-- 68 00:04:05,512 --> 00:04:08,482 I need to hear the facts as she remembers them, 69 00:04:08,582 --> 00:04:12,318 not a story that's altered to get a better outcome. 70 00:04:12,319 --> 00:04:13,811 - I'm just helping her remember. 71 00:04:13,812 --> 00:04:17,156 - Well, actually, you were answering for her. 72 00:04:17,157 --> 00:04:18,425 And I get it. I really do. 73 00:04:18,525 --> 00:04:21,695 But trust me, that will bite us in the ass at the end. 74 00:04:21,828 --> 00:04:23,864 - The facts are that she excessively drank 75 00:04:23,997 --> 00:04:26,398 of her own volition. You know how this ends for her. 76 00:04:26,399 --> 00:04:27,533 - I don't. 77 00:04:27,534 --> 00:04:29,269 And quite frankly, neither do you. 78 00:04:31,588 --> 00:04:33,172 - You know, it's so weird. 79 00:04:33,173 --> 00:04:36,710 You're in a position where you can actually help her. 80 00:04:36,843 --> 00:04:38,410 You just won't. 81 00:04:38,411 --> 00:04:41,281 [soft tense music] 82 00:04:41,381 --> 00:04:42,816 ♪ ♪ 83 00:04:42,916 --> 00:04:44,618 - [scoffs] 84 00:04:44,718 --> 00:04:47,436 ♪ ♪ 85 00:04:47,437 --> 00:04:50,389 [dramatic music] 86 00:04:50,390 --> 00:04:57,464 ♪ ♪ 87 00:05:36,269 --> 00:05:39,271 {\an8}- Usually I only have a couple, but I had off today, 88 00:05:39,272 --> 00:05:41,842 {\an8}so I just figured, let loose, right? 89 00:05:43,977 --> 00:05:45,636 {\an8}I screwed up so bad. 90 00:05:45,637 --> 00:05:47,046 {\an8}I did this to myself. 91 00:05:47,047 --> 00:05:51,317 {\an8}- Emily, was it the best idea to drink that much? 92 00:05:51,318 --> 00:05:52,484 {\an8}It wasn't. 93 00:05:52,485 --> 00:05:55,555 {\an8}Does that mean that anyone is allowed 94 00:05:55,655 --> 00:05:59,776 {\an8}to touch you or do anything to you without your consent? 95 00:06:01,561 --> 00:06:03,230 {\an8}- I guess not. 96 00:06:03,330 --> 00:06:05,664 {\an8}- So what happened after you realized 97 00:06:05,665 --> 00:06:07,367 {\an8}that you were alone with them? 98 00:06:13,940 --> 00:06:16,475 {\an8}- Well, I started to get the spins. 99 00:06:16,476 --> 00:06:17,502 {\an8}- Okay. 100 00:06:21,014 --> 00:06:23,699 {\an8}- I remember I was looking for a glass of water 101 00:06:23,700 --> 00:06:25,443 {\an8}in the kitchen, 102 00:06:25,543 --> 00:06:27,611 {\an8}and then I was 103 00:06:27,612 --> 00:06:30,723 {\an8}just walking up the stairs. 104 00:06:30,724 --> 00:06:32,976 {\an8}I was--I was in a bed. 105 00:06:34,961 --> 00:06:38,631 {\an8}And Josh was... 106 00:06:38,632 --> 00:06:43,003 {\an8}like, on top of me, trying to kiss me and... 107 00:06:43,136 --> 00:06:45,963 {\an8}Daniel and Scott. 108 00:06:45,964 --> 00:06:48,074 {\an8}[sighs] 109 00:06:48,174 --> 00:06:50,744 {\an8}Somebody took my pants off, and... 110 00:06:53,046 --> 00:06:55,514 {\an8}I kept--I kept asking for my phone. 111 00:06:55,515 --> 00:06:56,916 {\an8}- Okay, that's good, Emily. 112 00:06:57,017 --> 00:06:59,352 {\an8}Did you--did you say anything else? 113 00:06:59,452 --> 00:07:01,046 {\an8}Do you remember? 114 00:07:02,322 --> 00:07:06,325 {\an8}- Uh, I kept asking Josh if his mom was home 115 00:07:06,326 --> 00:07:08,294 {\an8}'cause I just kept hoping she would come in. 116 00:07:08,295 --> 00:07:10,729 {\an8}- Okay, so Emily, this is really important. 117 00:07:10,730 --> 00:07:12,298 {\an8}I need you to try to remember. 118 00:07:12,299 --> 00:07:16,303 {\an8}Did you say anything else to them? 119 00:07:16,403 --> 00:07:20,873 {\an8}Did you say no or try to push them off? 120 00:07:20,874 --> 00:07:22,257 {\an8}- [sighs] 121 00:07:22,258 --> 00:07:23,860 {\an8}I don't remember. 122 00:07:27,514 --> 00:07:29,415 {\an8}I mean, it doesn't matter, does it? 123 00:07:29,416 --> 00:07:32,484 {\an8}Like, I was so drunk, it's obvious. 124 00:07:32,485 --> 00:07:35,554 {\an8}Like, who thinks I'd be down for a gangbang with three guys? 125 00:07:35,555 --> 00:07:37,556 {\an8}- And-- 126 00:07:37,557 --> 00:07:41,294 {\an8}I'm just trying to get the full picture here. 127 00:07:41,394 --> 00:07:43,196 {\an8}- [sighs] 128 00:07:44,197 --> 00:07:48,400 {\an8}Look, the nurse said to just say that I passed out. 129 00:07:48,401 --> 00:07:50,102 {\an8}I could say that if it helps my case. 130 00:07:50,103 --> 00:07:52,538 {\an8}- The only thing that I want you to think about 131 00:07:52,539 --> 00:07:57,043 {\an8}is just telling the truth, okay? 132 00:07:57,143 --> 00:08:00,212 {\an8}You let me worry about this case. 133 00:08:00,213 --> 00:08:03,183 {\an8}So let's start with the guys' names, okay? 134 00:08:03,283 --> 00:08:04,750 {\an8}- Mm-hmm. - Josh. 135 00:08:04,751 --> 00:08:06,553 {\an8}- Josh. - What's Josh's last name? 136 00:08:06,653 --> 00:08:08,587 {\an8}- Joshua Berger, Daniel Sutcliff, 137 00:08:08,588 --> 00:08:10,489 {\an8}and a public record search turned up 138 00:08:10,490 --> 00:08:13,226 {\an8}Daniel's maternal cousin, Scott Paletta. 139 00:08:13,326 --> 00:08:15,361 {\an8}- Emily picked him out of a photo array. 140 00:08:15,362 --> 00:08:16,628 {\an8}He's our guy. 141 00:08:16,629 --> 00:08:18,647 {\an8}- Oh, new partner gets coffee. 142 00:08:18,648 --> 00:08:20,132 {\an8}You never did that for me. 143 00:08:20,133 --> 00:08:21,834 {\an8}- Well, that's 'cause I know how to train my detectives. 144 00:08:21,835 --> 00:08:24,036 {\an8}It's a little sweet. I'll let it slide this time. 145 00:08:24,037 --> 00:08:25,162 {\an8}- Any priors? 146 00:08:25,163 --> 00:08:26,539 {\an8}- Squeaky clean. 147 00:08:26,639 --> 00:08:28,640 {\an8}- Well, it doesn't look like she was drugged. 148 00:08:28,641 --> 00:08:31,977 {\an8}Preliminary tox screen only shows alcohol, 0.17. 149 00:08:31,978 --> 00:08:33,679 {\an8}- You can't give consent when you're that drunk. 150 00:08:33,680 --> 00:08:35,681 {\an8}- Legally drunk people can give consent. 151 00:08:35,682 --> 00:08:37,816 - 0.17? Come on, man. She was wasted. 152 00:08:37,817 --> 00:08:39,743 - Well, think about any girl you had sex with in college. 153 00:08:39,744 --> 00:08:41,754 Were they drunk? Did you get consent? 154 00:08:41,755 --> 00:08:43,956 - This isn't some college hookup. 155 00:08:43,957 --> 00:08:46,425 This is three men taking turns on an inebriated person-- 156 00:08:46,426 --> 00:08:47,993 - But the law says that a victim 157 00:08:47,994 --> 00:08:51,097 has to be physically helpless or given 158 00:08:51,197 --> 00:08:54,183 an intoxicating substance without consent. 159 00:08:54,184 --> 00:08:55,601 - Then the law is garbage. 160 00:08:55,602 --> 00:08:57,194 - I couldn't agree with you more. 161 00:08:57,195 --> 00:08:59,838 And legislature even tried to change it this summer, 162 00:08:59,839 --> 00:09:02,441 but the session ran out before there was a vote, 163 00:09:02,442 --> 00:09:04,644 so we're stuck with this garbage. 164 00:09:04,744 --> 00:09:08,272 So let's talk to these three individually 165 00:09:08,273 --> 00:09:10,616 before their lawyers get involved. 166 00:09:10,617 --> 00:09:13,253 If we're lucky, 167 00:09:13,353 --> 00:09:14,888 we flip one of them. 168 00:09:17,949 --> 00:09:20,159 {\an8}- Do you know Emily Dawson? 169 00:09:20,160 --> 00:09:21,660 - Yeah. 170 00:09:21,661 --> 00:09:24,188 We met last night at trivia. 171 00:09:24,189 --> 00:09:25,364 Is she okay? 172 00:09:25,365 --> 00:09:27,232 - Did you do anything after trivia? 173 00:09:27,233 --> 00:09:29,893 - We went to one of the guys' places for drinks, 174 00:09:29,894 --> 00:09:31,236 Josh, I think. 175 00:09:31,237 --> 00:09:34,298 I'm new to the group. I don't know everyone yet. 176 00:09:34,299 --> 00:09:35,340 What's this about? 177 00:09:35,341 --> 00:09:37,009 - So we got this weird allegation 178 00:09:37,010 --> 00:09:39,578 that we are required to look into. 179 00:09:39,579 --> 00:09:41,246 - Allegation? - Yeah, yeah. 180 00:09:41,247 --> 00:09:43,307 Right now, that's all it is, just an allegation. 181 00:09:43,308 --> 00:09:44,850 Okay, Emily told us a story. 182 00:09:44,851 --> 00:09:47,119 She woke up maybe not feeling so good about 183 00:09:47,120 --> 00:09:48,455 what happened last night. 184 00:09:48,555 --> 00:09:50,023 All we wanna do is hear your side of the story. 185 00:09:50,123 --> 00:09:51,824 - What, is she saying something happened 186 00:09:51,825 --> 00:09:53,126 she didn't want to happen? 187 00:09:53,226 --> 00:09:55,094 - Why don't you just tell us what you remember happening? 188 00:09:56,529 --> 00:09:59,832 - Look, uh, I mean, you're not wrong, okay? 189 00:09:59,833 --> 00:10:02,535 Things got weird, like-- like, really weird. 190 00:10:02,669 --> 00:10:04,369 But it was great. 191 00:10:04,370 --> 00:10:06,438 I mean, 192 00:10:06,439 --> 00:10:08,440 we were all hanging out. 193 00:10:08,441 --> 00:10:11,760 It was me, Emily, Josh, Daniel. 194 00:10:11,761 --> 00:10:13,004 He's my cousin. 195 00:10:13,104 --> 00:10:16,248 And, um, eventually, we 196 00:10:16,249 --> 00:10:17,441 were in the bedroom. 197 00:10:17,442 --> 00:10:18,951 And, 198 00:10:18,952 --> 00:10:21,103 I mean, I can safely say 199 00:10:21,104 --> 00:10:23,413 I've never done anything like that. 200 00:10:23,414 --> 00:10:24,756 - Like what, exactly? 201 00:10:24,757 --> 00:10:27,951 - [scoffs] 202 00:10:27,952 --> 00:10:30,020 - Have sex with someone and then 203 00:10:30,021 --> 00:10:31,898 watch other people have sex with that person. 204 00:10:32,031 --> 00:10:36,235 - Okay, and Emily was actively participating in this? 205 00:10:36,236 --> 00:10:37,536 - Yes. - Yeah? 206 00:10:37,537 --> 00:10:39,872 She--she gave full consent? She said yes? 207 00:10:39,873 --> 00:10:42,808 - Well, she didn't say no. 208 00:10:42,809 --> 00:10:45,460 And I mean, she was acting, like, very into it, 209 00:10:45,461 --> 00:10:46,628 like--like, very. 210 00:10:46,629 --> 00:10:47,705 - Oh? 211 00:10:47,805 --> 00:10:49,781 What does that look like? 212 00:10:49,782 --> 00:10:52,551 - Kissing-- me, everyone. 213 00:10:52,552 --> 00:10:53,952 - Did she take off her own clothes? 214 00:10:53,953 --> 00:10:56,280 - I think someone took off her pants, 215 00:10:56,281 --> 00:10:57,156 Josh, maybe. 216 00:10:57,257 --> 00:10:58,924 - Did she ever lose consciousness? 217 00:10:58,925 --> 00:11:02,060 - No. What? Absolutely not. 218 00:11:02,061 --> 00:11:04,263 If I thought for a single second she was too out of it 219 00:11:04,264 --> 00:11:05,697 or didn't want to, 220 00:11:05,698 --> 00:11:08,300 I definitely would have stopped. 221 00:11:08,301 --> 00:11:11,563 God, I feel-- I mean, I feel terrible. 222 00:11:11,663 --> 00:11:14,607 I was gonna call her later and ask her out. 223 00:11:14,741 --> 00:11:16,342 I guess not, huh? 224 00:11:18,978 --> 00:11:20,513 [knocking] 225 00:11:21,948 --> 00:11:23,115 - Daniel Sutcliff? 226 00:11:23,116 --> 00:11:24,141 - Yeah? 227 00:11:24,142 --> 00:11:25,150 - I need to talk to you. 228 00:11:25,151 --> 00:11:26,485 Why don't we sit down inside? 229 00:11:26,486 --> 00:11:27,953 - What's this about? 230 00:11:27,954 --> 00:11:29,588 - Danny, is that Instacart? 231 00:11:29,589 --> 00:11:32,007 - Your girlfriend know what you got into last night? 232 00:11:32,008 --> 00:11:35,094 - No, babe, it's-- hey, just a sec. 233 00:11:35,194 --> 00:11:37,730 - She must not be into trivia. 234 00:11:37,830 --> 00:11:38,931 - What do you want? 235 00:11:38,932 --> 00:11:40,400 - Emily Dawson. - What about her? 236 00:11:40,500 --> 00:11:43,168 - You remember what happened to her last night? 237 00:11:43,169 --> 00:11:44,904 - It wasn't planned. It just happened. 238 00:11:45,004 --> 00:11:47,599 - So you raping her with two of your boys just happened? 239 00:11:47,699 --> 00:11:49,174 - Whoa, whoa, what? What? 240 00:11:49,175 --> 00:11:50,676 Is that what she's saying now? 241 00:11:50,677 --> 00:11:51,877 - That's the story. 242 00:11:51,878 --> 00:11:53,271 If you got a better one, it's your time to tell it. 243 00:11:53,371 --> 00:11:54,871 - No. No way. 244 00:11:54,872 --> 00:11:56,315 She doesn't get to wake up and cry rape just because 245 00:11:56,316 --> 00:11:57,541 she feels like a skank now. 246 00:11:57,542 --> 00:12:00,485 Man, she was the one making us do shots, 247 00:12:00,486 --> 00:12:01,955 grabbing my crotch. She's a tease. 248 00:12:02,055 --> 00:12:03,622 - So you decided to make her pay for it? 249 00:12:03,623 --> 00:12:04,641 - No-- 250 00:12:06,184 --> 00:12:07,225 Josh had a crush on her. 251 00:12:07,226 --> 00:12:08,527 I don't even like her that way. 252 00:12:08,528 --> 00:12:10,463 And then she friendzoned him, and--and--and-- 253 00:12:10,563 --> 00:12:12,122 and she's flirting with him all night. 254 00:12:12,123 --> 00:12:13,766 - And you want me to believe that she decided 255 00:12:13,866 --> 00:12:15,200 to take on three guys at once? 256 00:12:15,201 --> 00:12:16,970 - Man, she was coming on to all of us. 257 00:12:17,070 --> 00:12:19,238 If she regrets it now, that's her fault. 258 00:12:20,807 --> 00:12:22,374 - Now, I know I don't have to talk to you. 259 00:12:22,375 --> 00:12:26,278 - Listen, Josh, we could arrest you right here 260 00:12:26,279 --> 00:12:27,738 in front of all your colleagues, 261 00:12:27,739 --> 00:12:28,914 but I'd really rather just talk. 262 00:12:28,915 --> 00:12:30,283 Maybe we can clear this whole thing up. 263 00:12:30,383 --> 00:12:32,584 - I didn't do anything wrong. 264 00:12:32,585 --> 00:12:35,754 - No harm in answering some questions. 265 00:12:35,755 --> 00:12:39,175 - Like, how long have you been carrying a torch for Emily? 266 00:12:41,052 --> 00:12:43,228 - Who even said that? 267 00:12:43,229 --> 00:12:45,697 That was forever ago. We're friends. 268 00:12:45,698 --> 00:12:48,267 - So you used to have a crush, but not anymore? 269 00:12:48,268 --> 00:12:49,801 - I'm not saying anything else. 270 00:12:49,802 --> 00:12:51,169 - Okay, but if-- 271 00:12:51,170 --> 00:12:54,740 if she's--she's sending you mixed signals, 272 00:12:54,741 --> 00:12:56,876 right, I mean, I can see how you'd get confused. 273 00:12:57,010 --> 00:12:58,910 I mean, she let you take her clothes off. 274 00:12:58,911 --> 00:13:01,171 - She told me to lie down with her. 275 00:13:01,172 --> 00:13:02,514 She had the spins. 276 00:13:02,515 --> 00:13:03,616 She said she wanted to hold on to something. 277 00:13:03,716 --> 00:13:04,717 - So you did get in the bed with her? 278 00:13:04,851 --> 00:13:06,485 - Seriously, I'm not saying anything else. 279 00:13:06,486 --> 00:13:09,104 - What I understand is no one was making her drink. 280 00:13:09,105 --> 00:13:11,014 So the fact that she was out of it, 281 00:13:11,015 --> 00:13:12,791 that's her fault, not yours. 282 00:13:12,792 --> 00:13:14,852 - I'm not talking anymore. - [mutters] 283 00:13:14,952 --> 00:13:16,920 I've seen these situations before, 284 00:13:16,921 --> 00:13:18,797 and usually, 285 00:13:18,798 --> 00:13:20,632 there's a ringleader. 286 00:13:20,633 --> 00:13:23,794 There's an instigator. 287 00:13:23,795 --> 00:13:25,462 I don't think that's you. 288 00:13:25,463 --> 00:13:28,290 - The fact that it happened at your house 289 00:13:28,291 --> 00:13:29,741 doesn't look good for you. 290 00:13:29,742 --> 00:13:32,202 So you should tell us before we find something 291 00:13:32,203 --> 00:13:33,603 that could really hurt you. 292 00:13:33,604 --> 00:13:34,646 - It's my mom's house. 293 00:13:34,647 --> 00:13:35,682 You don't have permission to search it. 294 00:13:35,782 --> 00:13:38,550 - Oh, buddy, it's already happening. 295 00:13:38,551 --> 00:13:41,545 {\an8}[tense music] 296 00:13:41,546 --> 00:13:42,921 {\an8}♪ ♪ 297 00:13:42,922 --> 00:13:45,357 {\an8}- I am looking right at it. 298 00:13:45,358 --> 00:13:47,285 Oh. - Hi. 299 00:13:48,628 --> 00:13:49,862 - That's the mother. 300 00:13:49,962 --> 00:13:51,630 - Yeah, I'm not sensing cooperation. 301 00:13:51,631 --> 00:13:53,232 - Are you sensing laundry day? 302 00:13:53,332 --> 00:13:54,701 She put all the bed linens in the wash, 303 00:13:54,801 --> 00:13:56,703 vacuumed within an inch of her life. 304 00:13:56,803 --> 00:13:57,969 Still found hair and prints. - Okay, 305 00:13:57,970 --> 00:13:59,471 what about the doorbell cams? 306 00:13:59,472 --> 00:14:00,573 - She claims it isn't working. 307 00:14:00,673 --> 00:14:02,040 We're subpoenaing the company to see if 308 00:14:02,041 --> 00:14:03,676 they've archived any footage. - All right, thanks. 309 00:14:03,776 --> 00:14:05,310 - I don't even know what I'm paying you for 310 00:14:05,311 --> 00:14:07,112 if you can't help me. - Mrs. Berger. 311 00:14:07,113 --> 00:14:10,215 I'm Captain Benson from SVU. 312 00:14:10,216 --> 00:14:11,350 - Speak to my attorney. 313 00:14:13,720 --> 00:14:15,221 - Call her back. 314 00:14:15,321 --> 00:14:16,556 - You can't do that. 315 00:14:16,656 --> 00:14:18,390 - When he does call you back, let him know that 316 00:14:18,391 --> 00:14:21,026 you spent the morning obstructing an investigation 317 00:14:21,027 --> 00:14:22,362 and destroying evidence. 318 00:14:24,197 --> 00:14:25,731 Look, I know that you don't want to see 319 00:14:25,732 --> 00:14:30,001 your son in trouble, but covering for him 320 00:14:30,002 --> 00:14:32,288 is only gonna hurt him in the long run. 321 00:14:34,499 --> 00:14:36,167 - I have nothing to say. 322 00:14:39,512 --> 00:14:41,196 - Nothing from the phone dump. 323 00:14:41,197 --> 00:14:43,582 These guys might be clowns, but they know not to text 324 00:14:43,583 --> 00:14:44,866 anything incriminating. 325 00:14:44,867 --> 00:14:46,551 - Hey, you get anything from CSU? 326 00:14:46,552 --> 00:14:48,653 - Yeah, the mother wasn't lying about the busted door cam. 327 00:14:48,654 --> 00:14:50,622 There's no footage. They got DNA. 328 00:14:50,623 --> 00:14:52,257 But until we get the rape kit back, 329 00:14:52,258 --> 00:14:53,725 we got nothing to compare it to. 330 00:14:53,726 --> 00:14:54,786 - And even if it matches, they're claiming 331 00:14:54,886 --> 00:14:56,395 the sex was consensual. 332 00:14:56,396 --> 00:14:57,797 - Hey. Sorry I'm late. 333 00:14:57,897 --> 00:14:59,698 I got held up with the new ADA mentee. 334 00:14:59,699 --> 00:15:00,957 - How's that going? 335 00:15:00,958 --> 00:15:02,101 - I doubt this guy's ever talked to 336 00:15:02,201 --> 00:15:03,627 a police officer in his life. 337 00:15:03,628 --> 00:15:07,072 - He's a snazzy dresser, and Sonny's feeling threatened. 338 00:15:07,073 --> 00:15:09,142 - Look, all I'm saying is this guy's tie 339 00:15:09,242 --> 00:15:10,276 costs more than our car lease, Amanda. 340 00:15:10,376 --> 00:15:11,735 - Yeah, it does. - All right, these guys, 341 00:15:11,736 --> 00:15:13,478 they all sticking to this story? 342 00:15:13,479 --> 00:15:14,638 - More or less. 343 00:15:14,639 --> 00:15:16,849 If there's a weak link in the bunch, it's Josh. 344 00:15:16,983 --> 00:15:18,917 - And if there's a sociopath, it's Scott. 345 00:15:18,918 --> 00:15:19,952 I mean, he said all the right things, 346 00:15:20,052 --> 00:15:21,211 and I wasn't buying it for a minute. 347 00:15:21,212 --> 00:15:22,387 - And what about Daniel? 348 00:15:22,388 --> 00:15:24,656 - Dime store incel begging for an ass-kicking. 349 00:15:24,657 --> 00:15:27,460 He ratted out Josh for having a crush on the victim. 350 00:15:27,560 --> 00:15:29,427 - I bet as soon as we bring them in, they all lawyer up, 351 00:15:29,428 --> 00:15:31,029 and they stop talking. 352 00:15:31,030 --> 00:15:32,464 All right, we need one of these guys to flip. 353 00:15:32,465 --> 00:15:33,757 - The mom knows. 354 00:15:33,758 --> 00:15:36,067 - The mom protected them and tampered with evidence. 355 00:15:36,068 --> 00:15:37,636 - She wants to be a good mom. 356 00:15:37,637 --> 00:15:40,940 And I am gonna give her another chance. 357 00:15:46,604 --> 00:15:47,671 - He's not here. 358 00:15:47,672 --> 00:15:51,016 - I actually came to speak with you. 359 00:15:51,017 --> 00:15:52,717 - Well, I told you, I have nothing to say. 360 00:15:52,718 --> 00:15:55,754 - You know, I--I have a son. 361 00:15:55,755 --> 00:15:59,941 And every day, I hope and I pray that 362 00:15:59,942 --> 00:16:01,443 he will grow up 363 00:16:01,444 --> 00:16:03,945 to be a good man. 364 00:16:03,946 --> 00:16:05,832 But at the end of the day, 365 00:16:05,932 --> 00:16:09,335 our children make their own choices. 366 00:16:09,435 --> 00:16:11,504 And it doesn't mean that we messed up as parents 367 00:16:11,604 --> 00:16:15,032 if they make the wrong choice. 368 00:16:15,132 --> 00:16:18,310 But if you teach your son 369 00:16:18,311 --> 00:16:23,515 that he's not responsible for his actions, that is on you. 370 00:16:23,516 --> 00:16:27,853 That is a mistake, one that he will pay for 371 00:16:27,854 --> 00:16:30,856 over and over, 372 00:16:30,857 --> 00:16:33,124 long after you're gone. 373 00:16:33,125 --> 00:16:36,094 [soft tense music] 374 00:16:36,095 --> 00:16:38,830 ♪ ♪ 375 00:16:38,831 --> 00:16:40,624 - I wanted something for the back door, 376 00:16:40,625 --> 00:16:43,535 so I just set up an old webcam. 377 00:16:43,536 --> 00:16:47,339 And when I heard the police were talking to Josh, 378 00:16:47,340 --> 00:16:48,657 I gave it to a neighbor. 379 00:16:48,658 --> 00:16:50,901 - She's so wasted. [laughter] 380 00:16:50,902 --> 00:16:53,161 - I'm gonna send her home. 381 00:16:53,162 --> 00:16:55,747 - Bro! You're an idiot. - Why? 382 00:16:55,748 --> 00:16:58,475 'Cause I don't want her puking all over my house? 383 00:16:58,476 --> 00:17:00,019 - I thought you were into her, man. 384 00:17:00,119 --> 00:17:01,486 - I-- 385 00:17:01,487 --> 00:17:03,722 I mean, yeah, but not like this. 386 00:17:03,723 --> 00:17:05,690 - Bro, you're missing an opportunity. 387 00:17:05,691 --> 00:17:07,126 You can do whatever you want to her. 388 00:17:07,226 --> 00:17:09,085 She's not gonna remember in the morning. 389 00:17:09,086 --> 00:17:10,795 Come on, come on, come on. 390 00:17:10,796 --> 00:17:13,925 - I raised him to be better. 391 00:17:14,025 --> 00:17:16,927 He knows this is wrong. 392 00:17:16,928 --> 00:17:23,960 ♪ ♪ 393 00:17:31,867 --> 00:17:33,385 - Pick them up, 394 00:17:33,386 --> 00:17:34,845 all of them. 395 00:17:42,328 --> 00:17:46,122 - Docket numbers 89, 90, 91, People of the State of New York 396 00:17:46,123 --> 00:17:49,601 versus Joshua Berger, Daniel Sutcliff, Scott Paletta, 397 00:17:49,602 --> 00:17:51,386 one count each rape in the first degree. 398 00:17:51,387 --> 00:17:52,805 - Dominick Carisi for the People. 399 00:17:52,905 --> 00:17:54,440 - Andrea Vargas representing all three 400 00:17:54,540 --> 00:17:55,907 of the defendants, Your Honor. 401 00:17:55,908 --> 00:17:57,567 - Waivers have been signed, I presume? 402 00:17:57,568 --> 00:17:59,637 - Yes, Your Honor. - The plea? 403 00:17:59,737 --> 00:18:00,712 - Not guilty. 404 00:18:00,713 --> 00:18:01,905 - Proceed. 405 00:18:01,906 --> 00:18:03,648 - This was a gang rape. 406 00:18:03,649 --> 00:18:05,450 The defendants egged each other on and then 407 00:18:05,451 --> 00:18:07,819 took turns with the victim over a protracted period of time. 408 00:18:07,820 --> 00:18:10,488 It's a class B felony, and the People request remand. 409 00:18:10,489 --> 00:18:11,756 - She was voluntary intox. 410 00:18:11,757 --> 00:18:13,125 Your Honor knows the law on that. 411 00:18:13,225 --> 00:18:14,859 Plus, the evidence is clear that this 412 00:18:14,860 --> 00:18:16,654 was a consensual encounter. 413 00:18:16,754 --> 00:18:18,063 - Consensual? 414 00:18:18,064 --> 00:18:19,698 She was barely conscious, Your Honor. 415 00:18:19,699 --> 00:18:21,232 You expect us to believe that she 416 00:18:21,233 --> 00:18:22,659 wanted these three men to do whatever 417 00:18:22,660 --> 00:18:23,835 they felt like to her body? 418 00:18:23,836 --> 00:18:25,370 - Look, is it my cup of tea? No. 419 00:18:25,371 --> 00:18:27,372 But believe it or not, there are some people 420 00:18:27,373 --> 00:18:29,108 who favor multiple partners. 421 00:18:29,208 --> 00:18:31,009 - I can assure you that the victim is not one of them. 422 00:18:31,010 --> 00:18:33,045 - These young men have never been arrested. 423 00:18:33,179 --> 00:18:35,865 They deserve release or a reasonable bail. 424 00:18:37,416 --> 00:18:38,583 - Remand is granted. 425 00:18:38,584 --> 00:18:40,286 Next case. 426 00:18:44,774 --> 00:18:47,609 - Captain Olivia Benson, meet Aidan Hawkins, 427 00:18:47,610 --> 00:18:49,520 fresh out of criminal court and Harvard Law. 428 00:18:49,620 --> 00:18:50,929 - Impressive. 429 00:18:50,930 --> 00:18:52,130 - Looking forward to working with you. 430 00:18:52,131 --> 00:18:53,332 - Great. - All right, 431 00:18:53,432 --> 00:18:55,525 training starts with jury selection, Hawkins. 432 00:18:55,526 --> 00:18:56,719 You're doing the voir dire. 433 00:19:01,974 --> 00:19:04,060 {\an8}- Who here has ever been drunk? 434 00:19:06,846 --> 00:19:07,897 I know I have. 435 00:19:09,148 --> 00:19:10,949 Oh, come on. 436 00:19:10,950 --> 00:19:12,384 There's no judgment. 437 00:19:12,385 --> 00:19:13,819 I'm not gonna ask you about your drunken escapades. 438 00:19:16,622 --> 00:19:17,948 Thank you. 439 00:19:20,226 --> 00:19:22,828 Does intoxication affect someone's judgment? 440 00:19:23,729 --> 00:19:26,197 - Yeah, for sure. 441 00:19:26,198 --> 00:19:28,234 - And if they're very intoxicated, 442 00:19:28,334 --> 00:19:30,660 do you believe they make good decisions? 443 00:19:30,661 --> 00:19:31,836 - Not usually. 444 00:19:31,837 --> 00:19:32,838 - He's good. 445 00:19:34,273 --> 00:19:36,141 What is your beef with him, 446 00:19:36,142 --> 00:19:38,843 aside from the tie? 447 00:19:38,844 --> 00:19:40,679 - He's a rich kid, and he's definitely 448 00:19:40,680 --> 00:19:42,213 not sticking around SVU. 449 00:19:42,214 --> 00:19:43,481 - Do you believe 450 00:19:43,482 --> 00:19:46,176 someone who has become intoxicated voluntarily 451 00:19:46,177 --> 00:19:48,987 automatically consents to whatever happens to them? 452 00:19:48,988 --> 00:19:50,822 - I don't think so. 453 00:19:50,823 --> 00:19:51,924 - Why not? 454 00:19:52,024 --> 00:19:53,526 - You're not yourself. 455 00:19:53,626 --> 00:19:54,893 You can be influenced to do things 456 00:19:54,894 --> 00:19:56,828 you wouldn't normally do. 457 00:19:56,829 --> 00:19:59,322 - Mr. Hawkins, we're about to hit noon. 458 00:19:59,323 --> 00:20:00,490 Let's break for lunch. 459 00:20:00,491 --> 00:20:02,000 We're back in an hour. 460 00:20:02,001 --> 00:20:03,327 - See you. 461 00:20:10,267 --> 00:20:11,768 - Bounce 4 and 11. 462 00:20:11,769 --> 00:20:13,003 - What? 463 00:20:14,046 --> 00:20:15,172 - Trust me. 464 00:20:22,288 --> 00:20:24,290 - Hey, Carisi, who's that? 465 00:20:24,390 --> 00:20:25,715 - That's Gwen Sharpe. 466 00:20:25,716 --> 00:20:28,026 She's a jury consultant, expensive one too. 467 00:20:28,027 --> 00:20:30,128 Usually my office can't afford someone like her. 468 00:20:30,129 --> 00:20:31,880 She gets hired by the big firms, you know. 469 00:20:31,881 --> 00:20:33,890 - Okay, could she be working for the defense? 470 00:20:33,891 --> 00:20:35,233 - I doubt it. 471 00:20:35,234 --> 00:20:36,835 She's known to donate her time exonerating people 472 00:20:36,836 --> 00:20:38,169 who've been wrongfully convicted. 473 00:20:38,170 --> 00:20:41,307 - Well, she said to bounce 4 and 11. 474 00:20:41,407 --> 00:20:42,607 - Then we're bouncing 4 and 11. 475 00:20:42,608 --> 00:20:43,842 - I'm glad she said something. 476 00:20:43,843 --> 00:20:45,277 I would have empaneled four. - Yeah, me too. 477 00:20:45,377 --> 00:20:47,078 All right, not bad up there. - Thanks. 478 00:20:47,079 --> 00:20:48,446 - I do have some notes, though. 479 00:20:48,447 --> 00:20:49,915 We'll call you when we adjourn. - Yeah. 480 00:20:51,417 --> 00:20:52,901 Thanks for the assist. 481 00:20:52,902 --> 00:20:54,986 - [sighs] I hope that wasn't weird. 482 00:20:54,987 --> 00:20:57,022 I-I just couldn't walk away without saying something. 483 00:20:57,123 --> 00:20:58,990 - I'm Olivia Benson, SVU. 484 00:20:58,991 --> 00:21:00,626 - Gwen Sharpe. - Yeah. 485 00:21:00,726 --> 00:21:04,763 My ADA was very impressed, and very little impresses him. 486 00:21:04,764 --> 00:21:06,465 Are you here working on a case? 487 00:21:06,565 --> 00:21:08,266 - Mine is still in pretrial motions. 488 00:21:08,267 --> 00:21:09,234 - Uh-huh. - I like to see what 489 00:21:09,235 --> 00:21:10,702 the jury pool is looking like. 490 00:21:10,703 --> 00:21:12,871 It's good practice for me. - Okay. 491 00:21:12,872 --> 00:21:14,006 Well, um, 492 00:21:14,106 --> 00:21:18,042 what about those jurors flagged for you? 493 00:21:18,043 --> 00:21:20,837 - Well, 4 was uncomfortable 494 00:21:20,838 --> 00:21:22,381 with any discussion around sex acts. 495 00:21:22,481 --> 00:21:25,617 I think she'll blame the victim when she hears the evidence. 496 00:21:25,618 --> 00:21:27,453 And 11 was lying about alcohol. 497 00:21:27,553 --> 00:21:28,953 She doesn't drink. 498 00:21:28,954 --> 00:21:31,256 I'd worry she'd judge anybody who does. 499 00:21:31,257 --> 00:21:34,560 - And you saw all of that from across the room? 500 00:21:34,660 --> 00:21:37,962 - I've been doing this for a long time. [chuckles] 501 00:21:37,963 --> 00:21:39,732 I'd be worried about any woman put on this jury. 502 00:21:39,865 --> 00:21:41,432 - I know. I know. 503 00:21:41,433 --> 00:21:43,635 They judge other women more harshly. 504 00:21:43,636 --> 00:21:45,503 - They project themselves onto the victim. 505 00:21:45,504 --> 00:21:47,639 "I would never put myself in that position. 506 00:21:47,640 --> 00:21:48,873 "This could never happen to me. 507 00:21:48,874 --> 00:21:50,133 Therefore, the victim is to blame." 508 00:21:50,134 --> 00:21:52,870 - I wish that I could bring you on for the duration. 509 00:21:52,970 --> 00:21:54,580 - I'd prepare yourself. 510 00:21:54,680 --> 00:21:57,273 I think you're invested in the outcome, 511 00:21:57,274 --> 00:21:58,716 rightly so. 512 00:21:58,717 --> 00:21:59,877 I just don't think this is gonna go 513 00:21:59,977 --> 00:22:01,020 the way you want it to. 514 00:22:01,120 --> 00:22:03,380 - But you haven't heard the evidence. 515 00:22:03,480 --> 00:22:07,292 I mean, look, we have these men 516 00:22:07,293 --> 00:22:09,093 on video, plotting. 517 00:22:09,094 --> 00:22:10,495 This is a very tricky case, 518 00:22:10,496 --> 00:22:12,722 but I don't know how anybody sees 519 00:22:12,723 --> 00:22:15,266 three men on one drunk woman 520 00:22:15,267 --> 00:22:17,336 as anything other than rape. 521 00:22:18,671 --> 00:22:20,471 - You have faith in the system. 522 00:22:20,472 --> 00:22:22,740 I hope you're right. 523 00:22:22,741 --> 00:22:25,410 I just wouldn't have gone to trial on this. 524 00:22:25,411 --> 00:22:28,514 [tense music] 525 00:22:34,336 --> 00:22:36,671 - I thought they were my friends. 526 00:22:36,672 --> 00:22:39,124 Josh and Daniel I have known for ten years. 527 00:22:39,225 --> 00:22:42,194 - And so you had no reason to be on guard with them? 528 00:22:44,421 --> 00:22:46,031 - None. 529 00:22:48,067 --> 00:22:49,792 I thought they were safe. 530 00:22:49,793 --> 00:22:51,594 - Thank you, Emily. 531 00:22:51,595 --> 00:22:53,905 Nothing further, Your Honor. 532 00:22:53,906 --> 00:22:54,999 - Ms. Vargas. 533 00:22:57,768 --> 00:23:00,346 - Now, is it fair to say that no one 534 00:23:00,446 --> 00:23:02,381 made you drink that night, Emily? 535 00:23:04,208 --> 00:23:06,142 - No one made me drink. 536 00:23:06,143 --> 00:23:07,919 - And you had a lot to drink. 537 00:23:07,920 --> 00:23:09,921 - Objection, Your Honor. Is she testifying? 538 00:23:09,922 --> 00:23:12,223 - I'll rephrase. 539 00:23:12,224 --> 00:23:14,125 How many drinks did you have that night? 540 00:23:14,126 --> 00:23:15,144 Seven? 541 00:23:16,295 --> 00:23:17,855 - I really don't remember. 542 00:23:17,955 --> 00:23:20,224 - Oh, would you like me to read your statement to SVU? 543 00:23:20,324 --> 00:23:22,034 - Um, I think seven or eight. 544 00:23:22,134 --> 00:23:25,237 - Now, you could have stopped at any time, correct? 545 00:23:27,389 --> 00:23:28,640 - Yes. 546 00:23:28,641 --> 00:23:30,242 - And as a result, your memory of that night 547 00:23:30,342 --> 00:23:32,328 is spotty at best. 548 00:23:33,379 --> 00:23:34,746 - I remember enough. 549 00:23:34,747 --> 00:23:36,407 - I mean, you can't honestly sit here right now 550 00:23:36,507 --> 00:23:39,351 and say whether or not you consented. 551 00:23:39,451 --> 00:23:40,877 - I would never consent to that. 552 00:23:40,878 --> 00:23:42,912 - Oh, so you said no? 553 00:23:42,913 --> 00:23:44,756 Did you push them away? 554 00:23:44,757 --> 00:23:46,015 Did you do anything to make them stop? 555 00:23:46,016 --> 00:23:48,259 - Well, I was looking for my phone. 556 00:23:48,260 --> 00:23:50,053 I-I was trying to leave. 557 00:23:50,054 --> 00:23:52,330 - Or were you encouraging them? 558 00:23:52,331 --> 00:23:54,065 [tense music] 559 00:23:54,066 --> 00:23:56,093 - No. - So now you say no. 560 00:23:56,193 --> 00:23:59,070 But isn't it true that you told Captain Benson 561 00:23:59,071 --> 00:24:00,898 you don't remember saying no? 562 00:24:00,998 --> 00:24:02,433 - [crying] I don't know. 563 00:24:02,533 --> 00:24:06,569 - You never said no, did you, Emily? 564 00:24:06,570 --> 00:24:09,205 And then when you woke up, you changed your mind. 565 00:24:09,206 --> 00:24:10,932 - Objection, Your Honor. She's badgering. 566 00:24:10,933 --> 00:24:13,651 - Sustained. Take it down a notch, Counsel. 567 00:24:13,652 --> 00:24:16,245 - [Emily crying] 568 00:24:16,246 --> 00:24:18,348 - I have nothing else. 569 00:24:18,349 --> 00:24:22,327 ♪ ♪ 570 00:24:22,328 --> 00:24:24,921 - Redirect, Mr. Carisi? 571 00:24:24,922 --> 00:24:27,633 - [sobbing] 572 00:24:29,702 --> 00:24:32,463 - No, Your Honor. 573 00:24:32,563 --> 00:24:34,598 Emily, you're free to go now. 574 00:24:34,698 --> 00:24:37,133 You're free to go. 575 00:24:37,134 --> 00:24:39,978 The People rest. 576 00:24:40,079 --> 00:24:42,271 [sighs] 577 00:24:42,272 --> 00:24:43,307 - Put your game face on. 578 00:24:43,407 --> 00:24:44,749 We'll take them apart in the cross. 579 00:24:44,750 --> 00:24:50,805 ♪ ♪ 580 00:24:50,806 --> 00:24:52,616 - The defense rests, Your Honor. 581 00:24:52,716 --> 00:24:59,665 ♪ ♪ 582 00:25:01,759 --> 00:25:03,460 - Verdict? 583 00:25:03,560 --> 00:25:05,370 - Vargas came to me with an offer. 584 00:25:05,371 --> 00:25:06,487 - What is it? 585 00:25:06,488 --> 00:25:08,257 - Forcible touching, time served. 586 00:25:10,167 --> 00:25:11,427 - Time served. 587 00:25:12,995 --> 00:25:14,470 Is she kidding? 588 00:25:14,471 --> 00:25:16,339 - Look, we all knew this was gonna be a tough case. 589 00:25:16,340 --> 00:25:19,476 But at least this way, they're on the sex offender registry. 590 00:25:19,576 --> 00:25:21,645 - Carisi. 591 00:25:21,745 --> 00:25:24,288 You can't make this deal, not after everything 592 00:25:24,289 --> 00:25:25,691 that Emily has gone through. 593 00:25:25,791 --> 00:25:27,359 - I'm telling you, 594 00:25:27,459 --> 00:25:29,661 we're gonna get buried here. 595 00:25:29,762 --> 00:25:32,789 And then they're gonna walk, and we will have nothing. 596 00:25:32,790 --> 00:25:34,032 - I agree with Captain Benson. 597 00:25:35,659 --> 00:25:36,834 - Oh, great. 598 00:25:36,835 --> 00:25:38,302 Let's hear from the guy who was cutting deals 599 00:25:38,303 --> 00:25:40,806 with purse snatchers in criminal court six months ago. 600 00:25:40,906 --> 00:25:43,199 - A deal makes us look bad. It's bad for justice. 601 00:25:43,200 --> 00:25:45,435 - It makes us look bad? 602 00:25:45,436 --> 00:25:47,671 Well, so does an acquittal. 603 00:25:47,771 --> 00:25:49,038 That's what we're looking at here. 604 00:25:49,039 --> 00:25:50,382 - A misdemeanor? 605 00:25:53,368 --> 00:25:55,319 Absolutely not. 606 00:25:55,320 --> 00:25:58,015 Carisi, you can't settle for that. 607 00:26:00,893 --> 00:26:03,027 - You know what, Liv? 608 00:26:03,028 --> 00:26:05,197 It would be nice if, for once, 609 00:26:05,297 --> 00:26:06,881 you could give me some credit for knowing 610 00:26:06,882 --> 00:26:08,366 what the hell I'm talking about. 611 00:26:08,367 --> 00:26:12,462 [light knocking] Anyway, I'm here as a courtesy. 612 00:26:12,463 --> 00:26:14,439 I'm not asking for your permission. 613 00:26:14,440 --> 00:26:16,724 - Hey. Sorry. 614 00:26:16,725 --> 00:26:19,745 Sonny, your office called, and the judge wants everybody back. 615 00:26:19,845 --> 00:26:26,084 ♪ ♪ 616 00:26:27,853 --> 00:26:30,571 - I have a note here from our jury foreperson. 617 00:26:30,572 --> 00:26:32,690 "Our deliberations have stalled, 618 00:26:32,691 --> 00:26:35,726 and we are hopelessly deadlocked." 619 00:26:35,727 --> 00:26:36,862 Pretty unequivocal. 620 00:26:36,962 --> 00:26:38,129 - Your Honor, we request that 621 00:26:38,130 --> 00:26:39,598 you give the jury an Allen Charge. 622 00:26:39,698 --> 00:26:41,065 - Already done, Mr. Carisi. 623 00:26:41,066 --> 00:26:42,426 - Then give them a modified Allen Charge. 624 00:26:42,526 --> 00:26:44,228 Force them to restart deliberations 625 00:26:44,328 --> 00:26:45,336 until they reach a verdict. 626 00:26:45,337 --> 00:26:46,430 - They're hung. 627 00:26:46,530 --> 00:26:48,197 And I'm declaring a mistrial. 628 00:26:48,198 --> 00:26:50,274 - Your Honor, a motion for the immediate release 629 00:26:50,275 --> 00:26:52,244 of my clients. - Well, absolutely not. 630 00:26:52,344 --> 00:26:54,245 The People fully intend to retry this case 631 00:26:54,246 --> 00:26:55,847 at the court's earliest convenience. 632 00:26:55,848 --> 00:26:57,648 The bail condition should remain the same. 633 00:26:57,649 --> 00:26:59,242 - Yeah, I agree. 634 00:26:59,243 --> 00:27:00,444 The defendants will remain in custody. 635 00:27:00,544 --> 00:27:03,088 Oh, and let's bring the jury back in. 636 00:27:03,188 --> 00:27:06,090 We'll thank them for their service, 637 00:27:06,091 --> 00:27:09,086 and then we'll start all over again. 638 00:27:09,186 --> 00:27:14,967 ♪ ♪ 639 00:27:21,323 --> 00:27:23,107 - I guess I just wanted to tell you in person 640 00:27:23,108 --> 00:27:24,767 after everything you've done. 641 00:27:24,768 --> 00:27:28,271 - Well, I just did my job, and I am sorry that-- 642 00:27:28,272 --> 00:27:30,181 that it wasn't enough. 643 00:27:30,182 --> 00:27:31,749 - No, I'm sorry. 644 00:27:31,750 --> 00:27:33,718 I always thought of myself as, like, 645 00:27:33,719 --> 00:27:36,822 this pretty strong person, but... 646 00:27:39,082 --> 00:27:40,484 I was sitting there in the courtroom, 647 00:27:40,584 --> 00:27:43,162 and everybody's looking at me like I'm some drunk whore. 648 00:27:43,262 --> 00:27:44,296 - That's not true. 649 00:27:44,396 --> 00:27:45,998 - It is. 650 00:27:49,393 --> 00:27:51,161 I mean, 651 00:27:51,261 --> 00:27:53,463 some of them thought so on the jury. 652 00:28:03,006 --> 00:28:05,216 I-- 653 00:28:05,217 --> 00:28:08,085 I just can't do it again. 654 00:28:08,086 --> 00:28:10,180 And... 655 00:28:10,280 --> 00:28:12,024 I know I'm disappointing you. 656 00:28:12,124 --> 00:28:16,019 - Listen to me. You're not disappointing me. 657 00:28:16,119 --> 00:28:19,331 It's actually the opposite. I'm amazed by you. 658 00:28:19,431 --> 00:28:24,694 You are--you are an incredibly strong woman. 659 00:28:24,695 --> 00:28:26,837 And I'm not gonna sit here and lie to you 660 00:28:26,838 --> 00:28:30,834 and tell you that another trial would be easier because-- 661 00:28:30,934 --> 00:28:34,704 because it would probably be harder. 662 00:28:34,705 --> 00:28:36,681 [soft music] 663 00:28:36,682 --> 00:28:40,885 And you've been through something incredibly difficult. 664 00:28:40,886 --> 00:28:43,013 And you're still here. 665 00:28:43,113 --> 00:28:50,354 ♪ ♪ 666 00:28:51,154 --> 00:28:53,565 - Maybe I should have just said I passed out. 667 00:29:00,831 --> 00:29:03,232 It's just, like, kind of messed up that 668 00:29:03,233 --> 00:29:06,078 the truth doesn't always matter. 669 00:29:06,178 --> 00:29:13,210 ♪ ♪ 670 00:29:22,494 --> 00:29:23,694 - Hi. 671 00:29:23,695 --> 00:29:25,197 - Gwen, what are you-- what are you doing here? 672 00:29:25,297 --> 00:29:27,424 - Oh, I had to meet a client downstairs. 673 00:29:27,524 --> 00:29:29,058 Listen, I heard about the mistrial. 674 00:29:29,059 --> 00:29:30,401 - Oh, yeah. 675 00:29:30,402 --> 00:29:32,562 - I thought you might wanna drown your sorrows a little. 676 00:29:36,425 --> 00:29:39,644 I think the stay-at-home mom was one of the holdouts 677 00:29:39,645 --> 00:29:41,779 and the old guy with the missing tooth. 678 00:29:41,780 --> 00:29:43,080 He didn't like your ADA. 679 00:29:43,081 --> 00:29:44,608 - Well, all of this information is super helpful 680 00:29:44,708 --> 00:29:47,318 after the fact, so thank you so much for that. 681 00:29:47,319 --> 00:29:49,445 - Listen, I was rooting for you. 682 00:29:49,446 --> 00:29:51,013 I've been wrong before. 683 00:29:51,014 --> 00:29:52,048 - [sighs] 684 00:29:52,049 --> 00:29:53,949 - You always take your losses so hard? 685 00:29:53,950 --> 00:29:56,294 - No, I don't. 686 00:29:57,429 --> 00:29:59,089 - What's so special about this one? 687 00:30:02,134 --> 00:30:05,237 - I've been doing this work for almost 30 years, 688 00:30:05,337 --> 00:30:08,130 and most of the time, I convinced myself 689 00:30:08,131 --> 00:30:10,100 that even when a case goes south 690 00:30:10,200 --> 00:30:13,412 that it's the fight that matters. 691 00:30:13,512 --> 00:30:15,814 - That's--that's a nice way of thinking about it. 692 00:30:15,914 --> 00:30:16,898 - Yeah. 693 00:30:19,685 --> 00:30:22,319 We don't stop anything. 694 00:30:22,320 --> 00:30:27,325 We don't prevent a crime from happening. 695 00:30:27,326 --> 00:30:30,094 We just pick up the pieces afterwards. 696 00:30:30,095 --> 00:30:32,980 - But that's always been the case, hasn't it? 697 00:30:32,981 --> 00:30:36,268 You didn't pick Anti-Crime. You chose SVU. 698 00:30:36,368 --> 00:30:39,162 - That is true. That is true. 699 00:30:39,262 --> 00:30:41,465 - So what's changed? 700 00:30:44,209 --> 00:30:48,746 - That is the problem, is that nothing has changed. 701 00:30:48,747 --> 00:30:51,716 We're 30 years in, and a jury gets to decide 702 00:30:51,717 --> 00:30:53,818 that if a woman drinks too much, 703 00:30:53,819 --> 00:30:57,013 then she deserves to be raped. 704 00:30:57,114 --> 00:30:58,523 That is the problem. 705 00:30:59,583 --> 00:31:01,484 - Yeah. 706 00:31:01,485 --> 00:31:02,527 That's hard. 707 00:31:04,763 --> 00:31:06,156 How do you deal with that? 708 00:31:09,901 --> 00:31:11,870 - You know, the work used to be enough. 709 00:31:14,331 --> 00:31:17,074 My old partner used... 710 00:31:17,075 --> 00:31:18,526 violence to deal with it. 711 00:31:18,527 --> 00:31:20,512 He used to get physical with the suspects. 712 00:31:20,612 --> 00:31:21,880 But that took a toll on him too. 713 00:31:21,980 --> 00:31:23,715 I mean, 714 00:31:23,815 --> 00:31:26,218 maybe there is no good way. 715 00:31:29,704 --> 00:31:31,589 - Um, 716 00:31:31,590 --> 00:31:34,659 so I have a-- 717 00:31:34,760 --> 00:31:37,721 a personal history with the type of crimes you investigate. 718 00:31:37,821 --> 00:31:40,197 It's a--it's a story for another time. 719 00:31:40,198 --> 00:31:43,034 But what I can say is, you're right. 720 00:31:43,135 --> 00:31:45,219 The world hasn't changed much in 30 years, 721 00:31:45,220 --> 00:31:47,671 and certainly, the perps haven't. 722 00:31:47,672 --> 00:31:50,224 So what can you do about it? 723 00:31:50,225 --> 00:31:51,409 Quit? 724 00:31:53,562 --> 00:31:55,404 - No. 725 00:31:55,405 --> 00:31:56,872 No, I'm not-- 726 00:31:56,873 --> 00:31:58,516 I'm not ready to quit. 727 00:31:58,517 --> 00:32:00,084 - Okay. 728 00:32:00,085 --> 00:32:04,088 Then the only other option is to fight. 729 00:32:04,089 --> 00:32:06,882 Just fight different. 730 00:32:06,883 --> 00:32:11,896 [Elton John's "Mona Lisas and Mad Hatters"] 731 00:32:11,897 --> 00:32:17,727 - ♪ They know not if it's dark outside or light ♪ 732 00:32:17,828 --> 00:32:19,370 ♪ ♪ 733 00:32:19,371 --> 00:32:26,111 ♪ They know not if it's dark outside or light ♪ 734 00:32:28,046 --> 00:32:29,271 - Late night visits gonna be 735 00:32:29,272 --> 00:32:30,581 a regular thing from you, Captain? 736 00:32:30,582 --> 00:32:33,451 - Look, I-- I need an arrest warrant. 737 00:32:33,452 --> 00:32:35,412 - For whom? 738 00:32:35,512 --> 00:32:37,756 - Josh Berger's mother, Stephanie. 739 00:32:37,856 --> 00:32:39,057 - On what charge? 740 00:32:39,157 --> 00:32:42,184 - Tampering and obstruction of justice. 741 00:32:42,185 --> 00:32:43,962 - Hold on. Uh, uh. 742 00:32:44,062 --> 00:32:45,788 Berger's mother cooperated. 743 00:32:45,789 --> 00:32:46,931 She handed over evidence. 744 00:32:46,932 --> 00:32:48,300 The charges will never stick. 745 00:32:50,468 --> 00:32:51,603 And you can just arrest her yourself. 746 00:32:51,703 --> 00:32:52,938 You don't need a warrant from me. 747 00:32:53,038 --> 00:32:55,307 - I'd like to go through the proper channels. 748 00:32:56,908 --> 00:33:01,070 - You wanna use her to get her son to flip. 749 00:33:01,071 --> 00:33:03,314 You wanna arrest someone you know to be innocent 750 00:33:03,315 --> 00:33:05,466 to pressure their child. 751 00:33:05,467 --> 00:33:06,750 And you came to the new dumb ADA 752 00:33:06,751 --> 00:33:08,119 because you know Carisi wouldn't go for it. 753 00:33:08,220 --> 00:33:11,481 - I don't need an ethics lecture from you. 754 00:33:11,581 --> 00:33:13,824 - I'm not lecturing. 755 00:33:13,825 --> 00:33:16,093 It's a great idea, mob tactics. 756 00:33:16,094 --> 00:33:18,954 If you can't get the guy, go after the family. 757 00:33:18,955 --> 00:33:20,999 [suspenseful music] 758 00:33:21,099 --> 00:33:23,759 - You surprise me, Hawkins. 759 00:33:23,760 --> 00:33:26,003 - I might suggest adding a conspiracy 760 00:33:26,004 --> 00:33:27,738 to commit rape charge. 761 00:33:27,739 --> 00:33:29,165 You wanna pressure Berger? 762 00:33:29,266 --> 00:33:30,232 That ought to do it. 763 00:33:30,233 --> 00:33:32,826 ♪ ♪ 764 00:33:32,827 --> 00:33:35,145 - By all means. 765 00:33:35,146 --> 00:33:36,514 - Come in. 766 00:33:49,211 --> 00:33:50,753 - What is this? 767 00:33:50,754 --> 00:33:51,688 Where's my lawyer? 768 00:33:51,788 --> 00:33:53,230 - I'm Steve Kaplan. 769 00:33:53,231 --> 00:33:54,991 The judge in your case appointed me to be 770 00:33:55,091 --> 00:33:56,359 your new defense attorney. - What? 771 00:33:56,459 --> 00:33:58,494 No, no, no, I didn't agree to that. 772 00:33:58,495 --> 00:34:00,137 - Because the district attorney's office 773 00:34:00,138 --> 00:34:02,031 has an offer that you should hear. 774 00:34:02,032 --> 00:34:03,458 - You arrested my mother! 775 00:34:04,676 --> 00:34:06,978 She didn't do anything wrong. 776 00:34:07,078 --> 00:34:09,980 - We've determined that of the three defendants in this case, 777 00:34:09,981 --> 00:34:11,849 you are the least culpable. 778 00:34:11,850 --> 00:34:13,651 In exchange for your testimony 779 00:34:13,652 --> 00:34:15,286 against Mr. Sutcliff and Mr. Paletta, 780 00:34:15,287 --> 00:34:16,655 we can offer you rape two. 781 00:34:16,755 --> 00:34:18,847 Sentencing is 2 1/3 to 5. 782 00:34:18,848 --> 00:34:21,383 - Sex abuse three, time served. - No. 783 00:34:21,384 --> 00:34:23,894 He's useless to me as a witness if I give him a misdemeanor. 784 00:34:23,895 --> 00:34:26,556 It'll look like we bought his testimony. 785 00:34:26,656 --> 00:34:28,565 Plead to the felony, testify, 786 00:34:28,566 --> 00:34:30,234 with good behavior, you're out in two. 787 00:34:30,235 --> 00:34:33,837 - And any legal issues that your mother is facing go away. 788 00:34:33,838 --> 00:34:35,398 - What you are doing is so messed up. 789 00:34:35,498 --> 00:34:37,775 - What I'm doing is saving you 790 00:34:37,776 --> 00:34:40,745 from a potential 20-year sentence. 791 00:34:44,683 --> 00:34:46,742 - From what I understand, more people thought 792 00:34:46,743 --> 00:34:48,752 you were guilty than not. 793 00:34:48,753 --> 00:34:51,755 This is a way to save yourself, Josh. 794 00:34:51,756 --> 00:34:53,758 I recommend you take this deal. 795 00:34:59,698 --> 00:35:00,682 - Fine. 796 00:35:03,251 --> 00:35:06,095 I'll testify, but my mom has to be out today. 797 00:35:06,096 --> 00:35:07,263 - Great news. 798 00:35:07,364 --> 00:35:09,608 We'll be in touch as soon as my boss signs off. 799 00:35:13,345 --> 00:35:15,512 [buzzer blares] 800 00:35:15,513 --> 00:35:17,782 - What the hell was this, Liv, huh? 801 00:35:17,882 --> 00:35:19,783 After all these years, you're gonna go behind my back? 802 00:35:19,784 --> 00:35:21,611 - I didn't wanna put you in a position-- 803 00:35:21,711 --> 00:35:23,354 - In what position? 804 00:35:23,355 --> 00:35:25,514 Wrongly arresting an innocent woman to get to her son? 805 00:35:25,515 --> 00:35:27,091 That one? - Sonny, listen-- 806 00:35:27,092 --> 00:35:29,385 - No, you need to walk away from me right now. 807 00:35:29,386 --> 00:35:31,128 - Okay, Carisi, I-- 808 00:35:31,129 --> 00:35:33,122 let's just talk, please. - Liv, 809 00:35:33,123 --> 00:35:35,624 you know what? 810 00:35:35,625 --> 00:35:37,794 You think you're the only person 811 00:35:37,894 --> 00:35:39,236 who cares about these victims. 812 00:35:39,237 --> 00:35:42,407 And so you push, and you push, and you push, 813 00:35:42,507 --> 00:35:44,267 until you get what you think is justice. 814 00:35:44,367 --> 00:35:46,478 - Yes, I do, because somebody has to. 815 00:35:47,946 --> 00:35:48,980 [soft tense music] 816 00:35:49,080 --> 00:35:50,415 I--I didn't mean-- 817 00:35:50,515 --> 00:35:52,775 I didn't mean it like that. - Yeah, you did. Yeah, you did. 818 00:35:52,776 --> 00:35:54,551 That's why you're sitting in the courtroom every day, huh? 819 00:35:54,552 --> 00:35:55,620 - No. 820 00:35:55,720 --> 00:35:57,221 - Watching me to make sure I don't screw up? 821 00:35:57,222 --> 00:35:58,614 - Carisi, stop. 822 00:35:58,615 --> 00:36:00,325 That's--that's not it. 823 00:36:02,293 --> 00:36:06,598 I did what needed to be done. 824 00:36:06,698 --> 00:36:08,198 Josh flipped. 825 00:36:08,199 --> 00:36:10,960 He's gonna testify against the other two. 826 00:36:11,061 --> 00:36:12,569 This is good news. 827 00:36:12,570 --> 00:36:16,156 This is the best outcome that we could have hoped for. 828 00:36:16,157 --> 00:36:18,634 You get a new trial with Josh's testimony, 829 00:36:18,635 --> 00:36:21,879 and I'm certain that Emily will testify. 830 00:36:21,880 --> 00:36:24,573 This is--this is a win. 831 00:36:24,574 --> 00:36:28,919 ♪ ♪ 832 00:36:28,920 --> 00:36:31,080 - What is going on with you, Liv? 833 00:36:31,081 --> 00:36:38,113 ♪ ♪ 834 00:36:39,864 --> 00:36:41,324 [gate slams] 835 00:36:41,424 --> 00:36:47,137 {\an8}♪ ♪ 836 00:36:47,138 --> 00:36:51,575 {\an8}Mr. Berger, when did you decide to take Emily into the bedroom? 837 00:36:51,576 --> 00:36:52,910 - She was dizzy. 838 00:36:52,911 --> 00:36:54,536 She said she wanted to lie down. 839 00:36:54,537 --> 00:36:57,439 - And at that point, was she extremely intoxicated? 840 00:36:57,440 --> 00:36:59,883 - Yeah. She could hardly stand up. 841 00:36:59,884 --> 00:37:03,021 - So what happened when you got into the bedroom? 842 00:37:03,121 --> 00:37:07,257 - I, uh, laid down next to her in the bed. 843 00:37:07,258 --> 00:37:09,185 - Did she say anything? 844 00:37:10,361 --> 00:37:12,262 - She kept asking where her phone was. 845 00:37:12,263 --> 00:37:14,557 - Did you give it to her? 846 00:37:14,657 --> 00:37:16,901 - No. - Why not? 847 00:37:20,138 --> 00:37:21,530 - Scott had it. 848 00:37:21,531 --> 00:37:23,341 - Why did Scott have it? 849 00:37:23,441 --> 00:37:25,367 - She was trying to get an Uber, 850 00:37:25,368 --> 00:37:28,712 and he took it from her so she couldn't. 851 00:37:28,713 --> 00:37:31,215 - Did either of the defendants 852 00:37:31,216 --> 00:37:33,668 come into the bedroom at any point? 853 00:37:35,353 --> 00:37:37,413 - Yeah. 854 00:37:37,514 --> 00:37:39,123 Both Scott and Danny came in. 855 00:37:39,124 --> 00:37:40,592 - And then what happened? 856 00:37:45,413 --> 00:37:47,257 Mr. Berger, please tell the jury 857 00:37:47,357 --> 00:37:51,519 what happened after the defendants entered the bedroom. 858 00:37:54,831 --> 00:37:55,857 - Um... 859 00:37:58,643 --> 00:38:02,113 So by then, Emily was passed out, and... 860 00:38:02,213 --> 00:38:04,773 ♪ ♪ 861 00:38:04,774 --> 00:38:07,243 Scott took off her pants. 862 00:38:09,412 --> 00:38:11,613 And he was like, come on, man, 863 00:38:11,614 --> 00:38:13,515 you go first. 864 00:38:13,516 --> 00:38:15,418 - And at that point, you raped her. 865 00:38:15,518 --> 00:38:19,029 ♪ ♪ 866 00:38:19,030 --> 00:38:21,089 - Yes. 867 00:38:21,090 --> 00:38:24,101 - What happened next? 868 00:38:24,102 --> 00:38:26,637 - Scott told Danny to go next. 869 00:38:26,638 --> 00:38:29,206 And then he told me to stay and watch. 870 00:38:29,207 --> 00:38:31,633 And... 871 00:38:31,634 --> 00:38:33,368 then Scott took his turn. 872 00:38:33,369 --> 00:38:35,438 - Was Emily conscious during this? 873 00:38:36,748 --> 00:38:39,800 - She kept waking up and passing out. 874 00:38:39,801 --> 00:38:43,220 - So your testimony, to be clear, 875 00:38:43,221 --> 00:38:44,656 is that there were times when Emily 876 00:38:44,756 --> 00:38:47,408 was completely unconscious. 877 00:38:50,929 --> 00:38:52,387 - Yeah. 878 00:38:52,388 --> 00:38:54,958 She had no idea what was going on for most of it. 879 00:38:58,136 --> 00:38:59,629 I'm sorry. 880 00:39:01,906 --> 00:39:05,335 I'd been thinking about her so much and... 881 00:39:05,435 --> 00:39:10,013 fantasizing, and... 882 00:39:10,014 --> 00:39:13,075 I convinced myself that she wanted it. 883 00:39:13,076 --> 00:39:16,445 ♪ ♪ 884 00:39:16,446 --> 00:39:19,248 That if she was awake, she would have wanted it. 885 00:39:19,249 --> 00:39:26,281 ♪ ♪ 886 00:39:30,335 --> 00:39:33,872 - As to the charge of rape in the first degree, 887 00:39:33,972 --> 00:39:36,765 how do you find the defendant, Daniel Sutcliff? 888 00:39:36,766 --> 00:39:38,675 - Guilty. 889 00:39:38,676 --> 00:39:42,312 - As to the charge of rape in the first degree, 890 00:39:42,313 --> 00:39:45,550 how do you find the defendant, Scott Paletta? 891 00:39:45,650 --> 00:39:48,702 - Guilty. 892 00:39:48,703 --> 00:39:50,321 - Ladies and gentlemen, on behalf 893 00:39:50,421 --> 00:39:53,725 of the People of the State of New York, I thank you. 894 00:39:57,020 --> 00:39:59,563 - Great-- great work, Carisi. 895 00:39:59,564 --> 00:40:01,399 - Thank you. 896 00:40:01,499 --> 00:40:08,531 ♪ ♪ 897 00:40:09,507 --> 00:40:10,408 - Okay. 898 00:40:10,508 --> 00:40:17,540 ♪ ♪ 899 00:40:27,158 --> 00:40:30,152 [dramatic music] 900 00:40:30,153 --> 00:40:37,185 ♪ ♪ 901 00:40:57,288 --> 00:41:00,291 [wolf howls]