1 00:00:01,453 --> 00:00:03,455 In the criminal justice system 2 00:00:03,455 --> 00:00:06,753 sexually based offenses are considered especially heinous. 3 00:00:06,753 --> 00:00:09,022 In New York City, the dedicated detectives 4 00:00:09,022 --> 00:00:10,890 who investigate these vicious felonies 5 00:00:10,890 --> 00:00:12,625 are members of an elite squad 6 00:00:12,625 --> 00:00:14,256 known as the Special Victims Unit. 7 00:00:14,256 --> 00:00:16,196 These are their stories. 8 00:00:18,424 --> 00:00:19,725 What in the hell were you thinking? 9 00:00:19,725 --> 00:00:20,759 You said to invite people. 10 00:00:20,759 --> 00:00:23,495 I said bring "a friend," not 25 slobs. 11 00:00:23,495 --> 00:00:24,663 You're out of cold beer. 12 00:00:24,663 --> 00:00:25,965 Oh, guess you should go home then. 13 00:00:25,965 --> 00:00:26,966 You've got a phone call. 14 00:00:26,966 --> 00:00:27,967 Whoever it is, I'm busy. 15 00:00:27,967 --> 00:00:28,968 It's your neighbor. 16 00:00:28,968 --> 00:00:30,703 It's something about music and the cops. 17 00:00:30,703 --> 00:00:32,112 Mrs. Grenis. 18 00:00:32,112 --> 00:00:34,039 I'm turning it down. 19 00:00:34,039 --> 00:00:37,843 Believe me, I'd love for these parasites to leave. 20 00:00:37,843 --> 00:00:39,011 Okay. 21 00:00:39,011 --> 00:00:40,646 (glass breaking) 22 00:00:40,646 --> 00:00:41,814 Oh, my God. 23 00:00:41,814 --> 00:00:43,118 What are you doing to my house? 24 00:00:46,752 --> 00:00:48,020 Open the door. 25 00:00:48,020 --> 00:00:49,922 Open the damn door. 26 00:00:53,826 --> 00:00:55,461 What the hell happened? 27 00:00:55,461 --> 00:00:57,830 He, he tried to rape me. 28 00:00:59,531 --> 00:01:02,001 MAN: Rape victim's a Cheryl Avery, 19. 29 00:01:02,001 --> 00:01:05,070 Medic's checking her out on the bus. 30 00:01:05,070 --> 00:01:06,071 She hurt bad? 31 00:01:06,071 --> 00:01:07,706 Got a bloody hand from crowning 32 00:01:07,706 --> 00:01:10,111 her alleged attacker on the head with a vase. 33 00:01:10,111 --> 00:01:11,610 Where is the alleged attacker? 34 00:01:11,610 --> 00:01:13,579 Oh, he's on the way to Cabrini. 35 00:01:13,579 --> 00:01:15,111 His name's a Joe Capilla. 36 00:01:15,111 --> 00:01:17,716 Miss Avery claims he tried to rape her. 37 00:01:17,716 --> 00:01:20,117 Well, sounds like you think she made it up. 38 00:01:20,117 --> 00:01:21,487 Well, her blouse is torn, 39 00:01:21,487 --> 00:01:22,688 and her face was bruised, 40 00:01:22,688 --> 00:01:25,111 but she refuses to go to the ER to get checked out. 41 00:01:25,111 --> 00:01:27,960 She was violated, doesn't want to be poked at. 42 00:01:27,960 --> 00:01:30,062 Detective Benson, SVU. 43 00:01:30,062 --> 00:01:31,430 Where's your patient? 44 00:01:31,430 --> 00:01:32,431 In back. 45 00:01:32,431 --> 00:01:33,499 No, she's not. 46 00:01:33,499 --> 00:01:35,115 She was here a minute ago. 47 00:01:38,111 --> 00:01:39,672 Must have bailed. 48 00:01:41,940 --> 00:01:43,976 Son of a bitch. 49 00:02:32,654 --> 00:02:34,032 Looks like they struggled. 50 00:02:34,032 --> 00:02:35,939 See these black scuff marks? 51 00:02:35,939 --> 00:02:37,407 Perp was wearing sneakers, 52 00:02:37,407 --> 00:02:40,711 so these probably came from Cheryl Avery's heels. 53 00:02:40,711 --> 00:02:43,982 He shoved her backwards into the window, the glass broke, 54 00:02:43,982 --> 00:02:46,983 she grabbed the vase and whacked him with it. 55 00:02:46,983 --> 00:02:49,983 Went down and banged his head on the tub. 56 00:02:49,983 --> 00:02:51,788 Find Cheryl yet? 57 00:02:51,788 --> 00:02:54,291 Nope, neither did the sector car I sent to her house. 58 00:02:54,291 --> 00:02:56,293 The address she gave the uniform was phony. 59 00:02:56,293 --> 00:02:58,328 I wouldn't be surprised if her name is, too. 60 00:02:58,328 --> 00:03:02,699 Well, this is a party. Somebody had to invite her. 61 00:03:02,699 --> 00:03:04,701 I invited five friends over for pizza and beer. 62 00:03:04,701 --> 00:03:06,937 That Joe and Cheryl, they weren't even on the list. 63 00:03:06,937 --> 00:03:07,938 BENSON: Do you know them? 64 00:03:07,938 --> 00:03:09,940 No, I don't hang out with rapists. 65 00:03:09,940 --> 00:03:11,775 And the first time I saw Cheryl 66 00:03:11,775 --> 00:03:12,987 was in my bathroom, bleeding. 67 00:03:12,987 --> 00:03:13,988 So who invited them? 68 00:03:13,988 --> 00:03:14,989 Name's Ricki. 69 00:03:14,989 --> 00:03:17,547 Freaking social director. 70 00:03:17,547 --> 00:03:18,882 Ricki. 71 00:03:20,450 --> 00:03:22,452 What can you tell us about Joe? 72 00:03:22,452 --> 00:03:25,322 Met him at a club, thought he was cute, 73 00:03:25,322 --> 00:03:26,981 till he showed up high 74 00:03:26,981 --> 00:03:28,985 and started hitting on every girl in the room. 75 00:03:28,985 --> 00:03:30,360 Joe hit on Cheryl? 76 00:03:30,360 --> 00:03:31,595 Didn't see it, 77 00:03:31,595 --> 00:03:33,764 but maybe that's why he was fighting with his brother. 78 00:03:33,764 --> 00:03:34,765 Joe's brother was here? 79 00:03:34,765 --> 00:03:36,466 Yeah, name's Eddie. 80 00:03:36,466 --> 00:03:38,669 Cheryl's his girlfriend. 81 00:03:38,669 --> 00:03:39,985 You have any idea where Eddie lives? 82 00:03:39,985 --> 00:03:40,989 With Joe and their mom. 83 00:03:40,989 --> 00:03:42,706 23rd and 9th. 84 00:03:42,706 --> 00:03:43,907 Hospital. 85 00:03:43,907 --> 00:03:45,809 Cheryl going to be okay? 86 00:03:45,809 --> 00:03:47,811 No, Joe's dead. 87 00:03:50,986 --> 00:03:53,283 BOY: My mom called from the hospital 88 00:03:53,283 --> 00:03:55,552 and told me everything, so... 89 00:03:55,552 --> 00:03:57,587 We're so sorry for your loss. 90 00:03:57,587 --> 00:03:59,856 Eddie, we need to find out 91 00:03:59,856 --> 00:04:02,559 what happened at that party. 92 00:04:02,559 --> 00:04:06,596 Um, my brother tried to rape my girlfriend. 93 00:04:06,596 --> 00:04:09,733 That's what the hospital told my mom. 94 00:04:09,733 --> 00:04:11,601 What did you see? 95 00:04:11,601 --> 00:04:14,538 I left early. 96 00:04:14,538 --> 00:04:15,639 BENSON: How come? 97 00:04:15,639 --> 00:04:18,986 I started having my, uh, palpitations. 98 00:04:18,986 --> 00:04:20,981 From fighting with your brother? 99 00:04:20,981 --> 00:04:21,983 Yeah... 100 00:04:21,983 --> 00:04:23,947 Got a heart condition, 101 00:04:23,947 --> 00:04:28,518 so I came home, to, uh, take my medicine. 102 00:04:28,518 --> 00:04:29,987 You didn't take Cheryl with you? 103 00:04:29,987 --> 00:04:32,789 I told her to stay. 104 00:04:32,789 --> 00:04:35,926 She's dancing, having a good time... 105 00:04:35,926 --> 00:04:38,986 Bum leg keep you from dancing with her? 106 00:04:38,986 --> 00:04:42,432 Yeah, I sprained my ankle playing hoops. 107 00:04:42,432 --> 00:04:44,835 I know, with a heart condition, 108 00:04:44,835 --> 00:04:46,603 it's stupid. 109 00:04:46,603 --> 00:04:51,575 Eddie, why were you and your brother fighting? 110 00:04:51,575 --> 00:04:52,809 He's a punk. 111 00:04:52,809 --> 00:04:56,346 He treated women like dirt. 112 00:04:56,346 --> 00:04:57,447 He ever get rough? 113 00:04:57,447 --> 00:04:59,549 Yeah, when he got high, 114 00:04:59,549 --> 00:05:00,988 which was all the time. 115 00:05:00,988 --> 00:05:03,981 That's what we were fighting about. 116 00:05:03,981 --> 00:05:08,658 Cheryl is the nicest girl I ever met. 117 00:05:08,658 --> 00:05:11,989 She wouldn't hit Joe unless... 118 00:05:11,989 --> 00:05:13,463 he provoked her. 119 00:05:13,463 --> 00:05:15,465 I mean, she says it was self-defense, 120 00:05:15,465 --> 00:05:16,981 then it was. 121 00:05:16,981 --> 00:05:18,980 She ran away. 122 00:05:18,980 --> 00:05:22,406 That looks real bad. 123 00:05:22,406 --> 00:05:24,408 You want to help her? 124 00:05:24,408 --> 00:05:26,443 Tell us where she is. 125 00:05:28,612 --> 00:05:30,347 I wanted to tell Eddie what happened, 126 00:05:30,347 --> 00:05:31,981 but I didn't think he'd understand. 127 00:05:31,981 --> 00:05:34,384 BENSON: We're having a hard time ourselves, Cheryl. 128 00:05:34,384 --> 00:05:35,786 Why did you leave the ambulance? 129 00:05:35,786 --> 00:05:37,988 I thought you wouldn't believe me. 130 00:05:37,988 --> 00:05:40,524 It'd be Joe's word against mine. 131 00:05:40,524 --> 00:05:42,626 All we've got is your word. Joe's dead. 132 00:05:42,626 --> 00:05:45,729 Oh, my God. 133 00:05:45,729 --> 00:05:50,534 Oh, my God... I... 134 00:05:50,534 --> 00:05:54,304 I didn't... 135 00:05:54,304 --> 00:05:56,986 I didn't... I didn't mean to kill him. 136 00:05:56,986 --> 00:05:58,642 Cheryl, tell us what happened. 137 00:05:58,642 --> 00:05:59,843 Will I go to jail? 138 00:05:59,843 --> 00:06:02,379 Not if he attacked you, it's self-defense. 139 00:06:02,379 --> 00:06:05,348 Okay. 140 00:06:05,348 --> 00:06:06,850 I, uh... 141 00:06:06,850 --> 00:06:11,421 I went to the bathroom, and Joe followed me in. 142 00:06:11,421 --> 00:06:15,792 I try to be nice to him for Eddie's sake, but... 143 00:06:15,792 --> 00:06:17,360 God, he's so disgusting. 144 00:06:17,360 --> 00:06:20,697 He's constantly putting Eddie down. 145 00:06:20,697 --> 00:06:23,983 And I told him to get out, but he wouldn't leave. 146 00:06:23,983 --> 00:06:25,435 Did he touch you? 147 00:06:25,435 --> 00:06:27,704 He put his hands on my, on my breasts. 148 00:06:27,704 --> 00:06:28,987 I tried to yell for help, 149 00:06:28,987 --> 00:06:30,986 but the music was too loud. 150 00:06:30,986 --> 00:06:33,985 He ripped my shirt, 151 00:06:33,985 --> 00:06:36,913 and he punched me in the face, 152 00:06:36,913 --> 00:06:41,351 and I grabbed something and I hit him, but he fought back. 153 00:06:41,351 --> 00:06:43,787 So I... 154 00:06:43,787 --> 00:06:45,889 I pushed him off me, 155 00:06:45,889 --> 00:06:49,593 and that's when he fell and hit the tub. 156 00:06:49,593 --> 00:06:51,985 CRAGEN: So, are you going to indict Cheryl, 157 00:06:51,985 --> 00:06:53,830 or give her a pass? 158 00:06:53,830 --> 00:06:55,499 No, I'm in no hurry to convene a grand jury. 159 00:06:55,499 --> 00:06:56,985 If the crime lab confirms Cheryl's account, 160 00:06:56,985 --> 00:06:58,568 it's justifiable homicide. 161 00:06:58,568 --> 00:06:59,870 What else have we got? 162 00:06:59,870 --> 00:07:02,305 Tox screen on Joe positive for crystal meth. 163 00:07:02,305 --> 00:07:03,980 That explains his pugnacious personality. 164 00:07:03,980 --> 00:07:04,987 Yeah, still here. 165 00:07:04,987 --> 00:07:07,477 Those bruises are real, Alex. He definitely hit her. 166 00:07:07,477 --> 00:07:08,612 Does Cheryl have any priors? 167 00:07:08,612 --> 00:07:09,646 She's clean. 168 00:07:09,646 --> 00:07:10,647 But Joe isn't. 169 00:07:10,647 --> 00:07:12,315 2-6 has a sexual assault complaint 170 00:07:12,315 --> 00:07:13,683 filed by a Paige Salinsky. 171 00:07:13,683 --> 00:07:15,385 Was Joe arrested? 172 00:07:15,385 --> 00:07:16,980 Miss Salinsky dropped the charges. 173 00:07:16,980 --> 00:07:18,421 So Joe has a habit of getting high, 174 00:07:18,421 --> 00:07:20,757 abusing women, and his own brother thinks he's a hump. 175 00:07:20,757 --> 00:07:22,859 Well, don't forget his brother just happens to be 176 00:07:22,859 --> 00:07:23,894 the victim's boyfriend. 177 00:07:23,894 --> 00:07:25,362 Joe's the only one who can't speak. 178 00:07:25,362 --> 00:07:26,763 Maybe his wounds still can. 179 00:07:26,763 --> 00:07:27,983 If Joe did attack Cheryl, 180 00:07:27,983 --> 00:07:29,900 he may have injuries to show for it. 181 00:07:29,900 --> 00:07:31,980 Check with EMS and the Medical Examiner. 182 00:07:31,980 --> 00:07:33,983 MAN: Yeah, I remember. 183 00:07:33,983 --> 00:07:36,840 Got him stabilized halfway to the hospital 184 00:07:36,840 --> 00:07:40,343 when he seized, went into cardiac arrest, DOA. 185 00:07:40,343 --> 00:07:42,512 Doc told us later that the blows to the head 186 00:07:42,512 --> 00:07:43,847 caused a subarachnoid hemorrhage. 187 00:07:43,847 --> 00:07:45,482 Well, did you notice any other injuries? 188 00:07:45,482 --> 00:07:47,717 Scratches, swelling? 189 00:07:47,717 --> 00:07:49,981 Three knuckles on his right hand were cut up. 190 00:07:49,981 --> 00:07:51,986 Bruise on Cheryl's face was on the left side. 191 00:07:51,986 --> 00:07:53,823 So he punches her with his right, 192 00:07:53,823 --> 00:07:55,325 he cuts his hand on her teeth. 193 00:07:55,325 --> 00:07:56,980 Hey, you remember anything else? 194 00:07:56,980 --> 00:07:57,980 Before the seizure, 195 00:07:57,980 --> 00:07:58,980 the guy was rambling. 196 00:07:58,980 --> 00:08:00,297 Any of it make sense? 197 00:08:00,297 --> 00:08:01,464 You tell me. 198 00:08:01,464 --> 00:08:05,902 "Get Eddie. Get Eddie. He did it. He did it." 199 00:08:05,902 --> 00:08:07,981 Are you sure that he said, "Eddie?" 200 00:08:07,981 --> 00:08:09,981 Anything the patient says, I write down. 201 00:08:09,981 --> 00:08:12,742 Sounds like Cheryl didn't tell us everything. 202 00:08:15,312 --> 00:08:16,513 WOMAN: May I help you? 203 00:08:16,513 --> 00:08:18,348 BENSON: We're looking for Cheryl. 204 00:08:18,348 --> 00:08:19,849 In back. 205 00:08:19,849 --> 00:08:21,451 She's got company. 206 00:08:29,559 --> 00:08:31,361 BENSON: Looks like we're interrupting. 207 00:08:31,361 --> 00:08:33,863 STABLER: Guess they had to get their story straight. 208 00:08:33,863 --> 00:08:36,766 What do you mean? 209 00:08:36,766 --> 00:08:38,635 Stop screwing us around, the both of you. 210 00:08:38,635 --> 00:08:39,803 I told you what happened. 211 00:08:39,803 --> 00:08:41,371 Yeah, you left out a few details. 212 00:08:41,371 --> 00:08:42,572 Like what? 213 00:08:42,572 --> 00:08:44,507 That bathroom window was broken out. 214 00:08:44,507 --> 00:08:46,376 It's a 15-foot drop to the ground. 215 00:08:46,376 --> 00:08:47,989 How'd you really sprain your ankle? 216 00:08:47,989 --> 00:08:51,281 Wait, Eddie, Eddie had nothing to do with this. 217 00:08:51,281 --> 00:08:52,916 That's not what Joe said. 218 00:08:52,916 --> 00:08:54,284 What are you talking about? 219 00:08:54,284 --> 00:08:55,652 In the ambulance, before he died, 220 00:08:55,652 --> 00:08:59,823 he said he did it. "Get Eddie." 221 00:09:06,411 --> 00:09:07,412 Joe tried to rape me. 222 00:09:07,412 --> 00:09:09,381 I hit him, he fell, and he banged his head. 223 00:09:09,381 --> 00:09:11,817 Cheryl, you're hindering a murder investigation. 224 00:09:11,817 --> 00:09:15,079 Now Joe said that Eddie did it, 225 00:09:15,079 --> 00:09:17,684 and I understand that you're trying to protect him. 226 00:09:17,684 --> 00:09:19,014 Eddie went home. 227 00:09:19,014 --> 00:09:20,685 We know that, but we have witnesses 228 00:09:20,685 --> 00:09:23,682 that saw Eddie and Joe fighting, and then Eddie left. 229 00:09:23,682 --> 00:09:25,320 But he came back, didn't he? 230 00:09:25,320 --> 00:09:26,521 No. No. 231 00:09:26,521 --> 00:09:30,443 If Joe was attacking you, and Eddie walked in 232 00:09:30,443 --> 00:09:33,304 and came to your defense, then Joe's death is an accident. 233 00:09:33,304 --> 00:09:35,250 You tried to stop him. It got out of hand. 234 00:09:35,250 --> 00:09:36,618 You didn't mean to kill anybody. 235 00:09:36,618 --> 00:09:38,297 That's not what happened. 236 00:09:38,297 --> 00:09:39,304 Eddie, no one's going to put you away 237 00:09:39,304 --> 00:09:40,622 for protecting your girlfriend. 238 00:09:40,622 --> 00:09:43,302 I swear, I never touched Joe. 239 00:09:46,795 --> 00:09:48,964 Ah, Eddie... 240 00:09:48,964 --> 00:09:50,302 Okay, Eddie. 241 00:09:50,302 --> 00:09:52,768 Okay, so, I've got this all wrong. 242 00:09:52,768 --> 00:09:55,604 Maybe Joe didn't try to rape Cheryl, huh? 243 00:09:55,604 --> 00:09:56,772 Of course he did. 244 00:09:56,772 --> 00:09:58,304 No, you know what I'm thinking? 245 00:09:58,304 --> 00:10:00,776 You caught Joe and Cheryl getting it on 246 00:10:00,776 --> 00:10:02,302 behind your back in that bathroom. No... 247 00:10:02,302 --> 00:10:03,946 The betrayal. No! No! 248 00:10:03,946 --> 00:10:05,297 The blind rage. 249 00:10:05,297 --> 00:10:07,683 Cheryl loves me. 250 00:10:07,683 --> 00:10:08,951 Were you making out with Joe? 251 00:10:08,951 --> 00:10:10,297 Oh, my God, I would... 252 00:10:10,297 --> 00:10:11,304 No, I would never do that to Eddie. 253 00:10:11,304 --> 00:10:12,306 Of course you didn't mean to, 254 00:10:12,306 --> 00:10:14,723 but Eddie left you alone at a party with Joe, 255 00:10:14,723 --> 00:10:16,303 so he starts making the moves on you. 256 00:10:16,303 --> 00:10:18,093 You got caught up in the moment. 257 00:10:18,093 --> 00:10:20,129 Wait, wait, no, no, no, you're wrong. 258 00:10:20,129 --> 00:10:21,630 So you didn't want Eddie to know. 259 00:10:21,630 --> 00:10:22,631 So when he walked in, 260 00:10:22,631 --> 00:10:24,166 you said that Joe was raping you. 261 00:10:24,166 --> 00:10:26,869 And he responded like any good boyfriend would. 262 00:10:26,869 --> 00:10:28,037 STABLER: You hit Joe. 263 00:10:28,037 --> 00:10:29,305 No, I didn't. 264 00:10:29,305 --> 00:10:31,106 You went back to the party to bring Cheryl home. 265 00:10:31,106 --> 00:10:32,608 You find her in the bathroom... Don't do this! What?! 266 00:10:32,608 --> 00:10:34,297 ...with your brother's hands all over her. 267 00:10:34,297 --> 00:10:35,778 Come on, Eddie. Be a man. 268 00:10:35,778 --> 00:10:37,946 Don't let your girlfriend go down for something you did. 269 00:10:37,946 --> 00:10:39,297 Okay! 270 00:10:40,949 --> 00:10:42,297 I was in the room. 271 00:10:42,297 --> 00:10:43,786 I was there. 272 00:10:43,786 --> 00:10:44,953 Just tell me what happened. 273 00:10:44,953 --> 00:10:48,304 He was being a prick to some of the girls 274 00:10:48,304 --> 00:10:51,794 at the party, and I told him, "Stop." 275 00:10:51,794 --> 00:10:55,664 He got pissed, gave me a shove, then... I left. 276 00:10:55,664 --> 00:10:56,865 I know. 277 00:10:56,865 --> 00:10:58,133 To go home and get your pills. 278 00:10:58,133 --> 00:10:59,304 We've been through that! 279 00:10:59,304 --> 00:11:00,769 Why are you telling me that? 280 00:11:00,769 --> 00:11:01,770 I want to know, 281 00:11:01,770 --> 00:11:03,297 why did you come back? 282 00:11:03,297 --> 00:11:06,299 I felt bad 'cause I had left Cheryl there. 283 00:11:06,299 --> 00:11:08,300 Joe was already on the floor 284 00:11:08,300 --> 00:11:11,297 when I walked into that bathroom. 285 00:11:11,297 --> 00:11:14,616 Cheryl locked the door, said Joe tried to rape her, 286 00:11:14,616 --> 00:11:16,298 just like she told you... 287 00:11:16,298 --> 00:11:17,302 So, you didn't see anything? 288 00:11:17,302 --> 00:11:18,302 That's awful convenient. 289 00:11:18,302 --> 00:11:19,855 Why would you jump out the window? 290 00:11:19,855 --> 00:11:21,297 She said that people would think 291 00:11:21,297 --> 00:11:25,627 I did it because they saw Joe and me fighting earlier. 292 00:11:25,627 --> 00:11:26,962 (frustrated groan) 293 00:11:26,962 --> 00:11:31,767 Cheryl was only trying to protect me. 294 00:11:36,772 --> 00:11:38,607 Eddie says he was in the bathroom. 295 00:11:38,607 --> 00:11:39,775 Eddie says he wasn't. 296 00:11:39,775 --> 00:11:41,302 I can't tell who's covering for whom. 297 00:11:41,302 --> 00:11:42,744 Eddie fought with his brother 298 00:11:42,744 --> 00:11:44,113 in front of a dozen witnesses. 299 00:11:44,113 --> 00:11:46,297 His brother winds up dead. 300 00:11:46,297 --> 00:11:48,951 What if the rape itself is the lie? 301 00:11:48,951 --> 00:11:50,953 Do you think Cheryl made the whole thing up? 302 00:11:50,953 --> 00:11:52,121 To cover for Eddie. 303 00:11:52,121 --> 00:11:53,622 He kills Joe in the bathroom. 304 00:11:53,622 --> 00:11:55,299 Cheryl walks in, tells Eddie 305 00:11:55,299 --> 00:11:56,299 to go out the window. 306 00:11:56,299 --> 00:11:57,960 She'll say Joe was trying to rape her. 307 00:11:57,960 --> 00:11:59,299 Well, then they're co-conspirators, 308 00:11:59,299 --> 00:12:01,298 and I can't use anything either one of them says 309 00:12:01,298 --> 00:12:03,302 against the other without independent corroboration. 310 00:12:03,302 --> 00:12:04,633 We canvassed everyone at the party. 311 00:12:04,633 --> 00:12:07,299 Nobody saw anything. 312 00:12:07,299 --> 00:12:10,297 Let's see whose story the physical evidence supports. 313 00:12:14,643 --> 00:12:16,298 We're not done with the reconstruction yet, 314 00:12:16,298 --> 00:12:18,747 but I can tell you that everyone's prints are in that bathroom. 315 00:12:18,747 --> 00:12:20,616 Eddie admits he was there. There's no surprise. 316 00:12:20,616 --> 00:12:22,618 This will be. This is Joe's shirt. 317 00:12:22,618 --> 00:12:24,786 Blood on it only belongs to him. 318 00:12:24,786 --> 00:12:25,954 This is Cheryl's. 319 00:12:25,954 --> 00:12:27,623 Two different blood types, both male. 320 00:12:27,623 --> 00:12:28,624 One matches Joe. 321 00:12:28,624 --> 00:12:29,858 The other's unknown. 322 00:12:29,858 --> 00:12:31,793 So it's got to be Eddie's. It's not. 323 00:12:31,793 --> 00:12:33,061 Y chromosomes from the DNA say 324 00:12:33,061 --> 00:12:34,796 the samples come from two unrelated males. 325 00:12:34,796 --> 00:12:35,864 So now we got another guy 326 00:12:35,864 --> 00:12:37,699 in that bathroom with Joe, Eddie, and Cheryl? 327 00:12:37,699 --> 00:12:38,700 That's what I thought 328 00:12:38,700 --> 00:12:40,769 until I tested this. 329 00:12:40,769 --> 00:12:42,297 You get that out of the bathroom? 330 00:12:42,297 --> 00:12:43,302 No. From EMS. 331 00:12:43,302 --> 00:12:45,300 Medics used it to wrap Cheryl's bloody hand. 332 00:12:45,300 --> 00:12:46,808 Then we collected it for evidence. 333 00:12:46,808 --> 00:12:48,010 It's called a control sample 334 00:12:48,010 --> 00:12:49,778 because the only blood on it is Cheryl's. 335 00:12:49,778 --> 00:12:51,246 Well, what's that going to tell us? 336 00:12:51,246 --> 00:12:52,301 I compared the blood 337 00:12:52,301 --> 00:12:54,306 on the bandage to our unknown male. 338 00:12:54,306 --> 00:12:55,306 It was a match. 339 00:13:01,123 --> 00:13:04,092 Cheryl's a man? 340 00:13:04,092 --> 00:13:06,302 What in the hell are we dealing with? 341 00:13:06,302 --> 00:13:08,197 Probably a pre-op transsexual. 342 00:13:08,197 --> 00:13:10,300 STABLER: If she's still got her package, 343 00:13:10,300 --> 00:13:12,935 it explains why she didn't go to the hospital to be examined. 344 00:13:12,935 --> 00:13:15,604 I've seen plenty of trannies, but she is amazing. 345 00:13:15,604 --> 00:13:17,297 She's got to be taking hormones. 346 00:13:17,297 --> 00:13:19,675 Boys with breasts get more money on the street. 347 00:13:19,675 --> 00:13:21,009 Ah, I don't make her for a pro. 348 00:13:21,009 --> 00:13:22,077 She's got a straight job. 349 00:13:22,077 --> 00:13:24,112 Probably saving up enough money for the surgery. 350 00:13:24,112 --> 00:13:25,647 Well, none of this changes the fact 351 00:13:25,647 --> 00:13:27,115 that Joe still tried to rape her. 352 00:13:27,115 --> 00:13:28,784 She's got the bruises to show for it. 353 00:13:28,784 --> 00:13:30,953 Maybe he got violent when he discovered her secret. 354 00:13:30,953 --> 00:13:32,303 Or Joe threatened to tell Eddie, 355 00:13:32,303 --> 00:13:34,122 giving Cheryl motive to kill him. 356 00:13:34,122 --> 00:13:35,301 STABLER: Eddie's got to know. 357 00:13:35,301 --> 00:13:38,126 He and Cheryl have been going out for a couple months now. 358 00:13:38,126 --> 00:13:40,306 They were all over each other when we picked them up. 359 00:13:40,306 --> 00:13:42,299 So they're both covering up Cheryl's secret. 360 00:13:42,299 --> 00:13:44,233 Who do you think we should try to break first? 361 00:13:44,233 --> 00:13:45,601 Cheryl's pulling all the strings 362 00:13:45,601 --> 00:13:46,935 telling Eddie what to say. 363 00:13:46,935 --> 00:13:48,770 My guess is he's the weaker link. 364 00:13:51,940 --> 00:13:53,302 Eddie... 365 00:13:53,302 --> 00:13:56,778 I know you've been through a lot. 366 00:13:56,778 --> 00:13:58,780 I don't want to make things worse. 367 00:13:58,780 --> 00:13:59,781 What do you mean? 368 00:13:59,781 --> 00:14:00,816 I'm not here to judge you. 369 00:14:00,816 --> 00:14:02,297 You know that, right? 370 00:14:02,297 --> 00:14:05,988 I just want to find out what happened in that bathroom. 371 00:14:05,988 --> 00:14:10,125 I already told you. Mm. 372 00:14:10,125 --> 00:14:12,297 I walked into the bathroom. 373 00:14:12,297 --> 00:14:13,962 Joe was on the floor. 374 00:14:13,962 --> 00:14:17,733 Cheryl, uh, was beat up. 375 00:14:17,733 --> 00:14:21,003 You didn't tell us about Cheryl, though. 376 00:14:21,003 --> 00:14:22,604 What about her? 377 00:14:24,304 --> 00:14:26,775 (sighs) 378 00:14:26,775 --> 00:14:32,114 What you do in your private life is your business. 379 00:14:32,114 --> 00:14:33,915 You got to start being honest with me. 380 00:14:33,915 --> 00:14:37,302 I am being honest. 381 00:14:37,302 --> 00:14:38,787 What? 382 00:14:38,787 --> 00:14:42,958 I-I don't understand what you're talking about. 383 00:14:45,794 --> 00:14:50,999 I'm talking about Cheryl being... a man. 384 00:14:53,101 --> 00:14:56,297 (scoffs) 385 00:14:56,297 --> 00:15:01,300 What kind of sick joke is this? 386 00:15:04,297 --> 00:15:06,306 I'm sorry you had to f... find out this way. 387 00:15:06,306 --> 00:15:08,617 Uh... you're crazy. 388 00:15:08,617 --> 00:15:10,297 (laughs) 389 00:15:10,297 --> 00:15:14,297 I have... I've seen her... I've seen her breasts. 390 00:15:14,297 --> 00:15:16,297 Female hormones. 391 00:15:16,297 --> 00:15:17,302 They can do that. 392 00:15:17,302 --> 00:15:22,898 Look, Eddie, she had us all fooled. 393 00:15:22,898 --> 00:15:25,000 We did a blood test. 394 00:15:25,000 --> 00:15:27,803 (yells) 395 00:15:27,803 --> 00:15:31,297 Oh! What are you saying to me?! 396 00:15:31,297 --> 00:15:32,302 I held her! 397 00:15:32,302 --> 00:15:36,297 I... kissed her! I wa... 398 00:15:37,746 --> 00:15:40,782 I-I wanted to spend my life with her. 399 00:15:40,782 --> 00:15:41,950 What are you...? 400 00:15:41,950 --> 00:15:44,019 Oh. 401 00:15:46,621 --> 00:15:49,791 She wouldn't have sex. 402 00:15:49,791 --> 00:15:52,961 She said... she wanted to wait. 403 00:15:52,961 --> 00:15:54,302 She would just... 404 00:15:54,302 --> 00:15:57,599 push my hands away. 405 00:15:58,767 --> 00:16:00,102 Oh, God. 406 00:16:00,102 --> 00:16:01,937 I need to see her. 407 00:16:01,937 --> 00:16:03,297 Eddie... I need to see her. 408 00:16:03,297 --> 00:16:06,608 I got to talk to her. 409 00:16:06,608 --> 00:16:08,777 (panting) 410 00:16:08,777 --> 00:16:09,978 Eddie. 411 00:16:09,978 --> 00:16:12,214 Don't. Mm. 412 00:16:12,214 --> 00:16:15,784 (moaning) 413 00:16:15,784 --> 00:16:16,985 What's wrong with you? 414 00:16:16,985 --> 00:16:22,298 Wh-Why are you looking at me like that? 415 00:16:22,298 --> 00:16:24,297 Say something. 416 00:16:24,297 --> 00:16:25,794 Come here. 417 00:16:25,794 --> 00:16:27,301 (moans) 418 00:16:27,301 --> 00:16:29,304 Ah... (gagging) 419 00:16:31,302 --> 00:16:33,201 Mm-hmm. 420 00:16:33,201 --> 00:16:34,970 You are a freak! 421 00:16:34,970 --> 00:16:36,297 CHERYL: No! 422 00:16:36,297 --> 00:16:37,706 STABLER: Eddie... Eddie. 423 00:16:37,706 --> 00:16:39,303 Eddie. Eddie! 424 00:16:41,610 --> 00:16:43,302 Okay? 425 00:16:43,302 --> 00:16:45,304 Look, I was going to tell you. 426 00:16:45,304 --> 00:16:46,782 When? 427 00:16:46,782 --> 00:16:48,303 After I had the surgery. 428 00:16:48,303 --> 00:16:52,788 Oh, you make me sick! 429 00:16:52,788 --> 00:16:54,956 Oh, God! 430 00:16:54,956 --> 00:16:56,305 (sobbing): Why did you do this? 431 00:16:56,305 --> 00:16:59,161 Why? 432 00:16:59,161 --> 00:17:02,297 Cheryl, stand up. Come on. 433 00:17:02,297 --> 00:17:04,933 It's okay. Come on. Come on. 434 00:17:06,601 --> 00:17:09,302 We thought that Eddie knew. 435 00:17:09,302 --> 00:17:10,705 We thought that 436 00:17:10,705 --> 00:17:12,607 he was protecting you. 437 00:17:12,607 --> 00:17:14,209 How long did you think 438 00:17:14,209 --> 00:17:16,611 that you could keep this a secret? 439 00:17:16,611 --> 00:17:18,947 I just thought if I could make him love me enough, 440 00:17:18,947 --> 00:17:21,298 he'd understand. 441 00:17:21,298 --> 00:17:23,297 Okay, well, let's sit down. Come on. 442 00:17:23,297 --> 00:17:26,302 Come on. Sit down. 443 00:17:31,297 --> 00:17:35,163 But you were also afraid that he wouldn't understand. 444 00:17:35,163 --> 00:17:38,767 For the first time in my life, I've had someone who loves me. 445 00:17:42,103 --> 00:17:46,608 And if Joe was to tell Eddie, that would be over. 446 00:17:46,608 --> 00:17:47,306 My life would be over. 447 00:17:47,306 --> 00:17:52,047 So what happened? 448 00:17:52,047 --> 00:17:54,616 Joe was walking out of the bathroom, 449 00:17:54,616 --> 00:17:58,300 so I... I picked up the vase, and I hit him. 450 00:17:58,300 --> 00:18:00,305 And then Eddie walked in. 451 00:18:00,305 --> 00:18:01,756 I never meant 452 00:18:01,756 --> 00:18:03,792 to kill Joe. 453 00:18:03,792 --> 00:18:06,297 I just didn't want him to talk. 454 00:18:09,130 --> 00:18:14,297 You'll have to tell Eddie that I didn't mean to do it. 455 00:18:14,297 --> 00:18:17,772 I mean, please, make him understand that. 456 00:18:19,302 --> 00:18:21,943 (water running) 457 00:18:21,943 --> 00:18:23,612 You okay? 458 00:18:23,612 --> 00:18:26,297 Ugh... I'll never be okay. 459 00:18:26,297 --> 00:18:28,302 (sniffles) 460 00:18:28,302 --> 00:18:31,119 This wasn't your fault. 461 00:18:31,119 --> 00:18:33,297 Yeah, it was. 462 00:18:33,297 --> 00:18:39,628 My brother's dead because my girlfriend's a... guy. 463 00:18:39,628 --> 00:18:41,129 (stammers) 464 00:18:41,129 --> 00:18:44,032 No one knew. 465 00:18:47,102 --> 00:18:52,297 What if, um, I did know... deep down? 466 00:18:57,297 --> 00:19:02,117 You were in love with a woman. 467 00:19:02,117 --> 00:19:04,297 That's what you knew. 468 00:19:06,121 --> 00:19:07,297 You sure you're okay? 469 00:19:07,297 --> 00:19:08,297 Yeah. 470 00:19:08,297 --> 00:19:09,297 Huh? 471 00:19:09,297 --> 00:19:12,127 I need some air. 472 00:19:13,194 --> 00:19:14,930 I need some help in here! 473 00:19:17,766 --> 00:19:18,934 What happened? 474 00:19:18,934 --> 00:19:19,935 He just collapsed. 475 00:19:19,935 --> 00:19:21,102 He's got a heart condition. 476 00:19:21,102 --> 00:19:21,937 Call an ambulance. 477 00:19:21,937 --> 00:19:22,938 Hardly has any pulse. 478 00:19:22,938 --> 00:19:23,939 This is empty. 479 00:19:23,939 --> 00:19:25,140 Digoxin-- it's stopping his heart. 480 00:19:25,140 --> 00:19:27,108 We got a drug overdose. 481 00:19:27,108 --> 00:19:31,613 I'm losing his pulse. You better start CPR. 482 00:19:31,613 --> 00:19:32,781 Eddie! 483 00:19:32,781 --> 00:19:33,915 Come on, Eddie! 484 00:19:36,302 --> 00:19:39,304 Come on, Eddie! 485 00:19:46,351 --> 00:19:48,254 He was pulseless for ten minutes. 486 00:19:48,254 --> 00:19:50,035 I pronounced him at 18:15. 487 00:19:50,035 --> 00:19:51,040 Got the pill bottle? 488 00:19:51,040 --> 00:19:52,346 Yeah, it's right here. 489 00:19:52,346 --> 00:19:53,680 I'll do the autopsy. 490 00:19:53,680 --> 00:19:55,415 I'll get you the results as quick as I can, 491 00:19:55,415 --> 00:19:57,818 but it don't look to me like anything other than a suicide. 492 00:19:57,818 --> 00:19:58,985 It's a death in custody, 493 00:19:58,985 --> 00:20:00,043 suicide or not. 494 00:20:00,043 --> 00:20:02,037 You guys from Internal Affairs 495 00:20:02,037 --> 00:20:03,857 are like sharks smelling blood a mile away. 496 00:20:03,857 --> 00:20:05,038 Save it, Captain. 497 00:20:05,038 --> 00:20:06,760 I got an investigation to conduct. 498 00:20:06,760 --> 00:20:09,037 You think we forced the pills down his throat? 499 00:20:09,037 --> 00:20:11,531 No, but you left a lethal dose of pharmaceuticals 500 00:20:11,531 --> 00:20:13,700 in the possession of a distraught suspect. 501 00:20:13,700 --> 00:20:15,669 Talk to me through my delegate. 502 00:20:15,669 --> 00:20:17,371 That "distraught" suspect 503 00:20:17,371 --> 00:20:19,673 needed those pills for a heart condition. 504 00:20:19,673 --> 00:20:21,441 That still doesn't mitigate your failure 505 00:20:21,441 --> 00:20:23,510 to supervise Detective Stabler and Agent Huang. 506 00:20:23,510 --> 00:20:25,979 IAB doesn't have jurisdiction over Dr.Huang. 507 00:20:25,979 --> 00:20:27,681 We'll refer his conduct 508 00:20:27,681 --> 00:20:30,036 to the FBI's Office of Professional Responsibility. 509 00:20:30,036 --> 00:20:34,044 I hope your med-mal insurance is paid up... Doc. 510 00:20:37,038 --> 00:20:40,037 MAN: All rise. 511 00:20:40,037 --> 00:20:42,562 The honorable Judge Seligman presiding. 512 00:20:42,562 --> 00:20:46,042 Now in session, docket ending 5971, 513 00:20:46,042 --> 00:20:48,044 People v. Cheryl Avery, 514 00:20:48,044 --> 00:20:50,670 one count, murder in the second degree. 515 00:20:50,670 --> 00:20:52,506 Morton Berger for the defense, Your Honor. 516 00:20:52,506 --> 00:20:53,707 JUDGE SELIGMAN: We all know 517 00:20:53,707 --> 00:20:55,042 who you are, Mr. Berger. 518 00:20:55,042 --> 00:20:56,977 How does your client plead? 519 00:20:56,977 --> 00:20:58,044 Not guilty. 520 00:20:58,044 --> 00:21:00,035 Miss Cabot? 521 00:21:00,035 --> 00:21:01,948 Uh, remand. 522 00:21:01,948 --> 00:21:04,035 My client is not a threat to the community. 523 00:21:04,035 --> 00:21:06,040 She has no prior criminal record, Your Honor. 524 00:21:06,040 --> 00:21:08,588 And you can't hold a press conference in a lockup. 525 00:21:08,588 --> 00:21:09,856 She's out of line, Your Honor. 526 00:21:09,856 --> 00:21:11,458 Oh, come on, Morty. You wouldn't have 527 00:21:11,458 --> 00:21:13,627 taken this case if you didn't smell the publicity. 528 00:21:13,627 --> 00:21:15,035 Bail is set at $200,000. 529 00:21:15,035 --> 00:21:16,044 (bangs gavel) 530 00:21:16,044 --> 00:21:17,597 WOMAN: Mr. Berger, 531 00:21:17,597 --> 00:21:19,041 are you going with an insanity defense? 532 00:21:19,041 --> 00:21:20,041 Absolutely not. 533 00:21:20,041 --> 00:21:21,568 This case is entirely 534 00:21:21,568 --> 00:21:23,336 about society's prejudice... 535 00:21:23,336 --> 00:21:24,704 WOMAN: Miss Cabot? 536 00:21:24,704 --> 00:21:26,041 ...towards the trans... Ms. Cabot? 537 00:21:26,041 --> 00:21:27,541 A few questions, please. 538 00:21:27,541 --> 00:21:28,542 Miss Cabot, hold on. 539 00:21:28,542 --> 00:21:29,976 The DA's office will try this case 540 00:21:29,976 --> 00:21:31,812 in the courtroom, not the press. Thank you. 541 00:21:31,812 --> 00:21:33,042 MAN: Miss Cabot, give us a break. 542 00:21:33,042 --> 00:21:34,044 WOMAN: Help us out here. 543 00:21:34,044 --> 00:21:35,882 MAN: Just something, huh? Come on. 544 00:21:35,882 --> 00:21:38,040 Don't want your 15 minutes of fame, Alex? 545 00:21:38,040 --> 00:21:39,986 I heard you paid Cheryl's bail. 546 00:21:39,986 --> 00:21:40,987 That's a nice touch. 547 00:21:40,987 --> 00:21:42,355 I can't take the full credit. 548 00:21:42,355 --> 00:21:43,723 That was the generosity of my firm. 549 00:21:43,723 --> 00:21:45,039 Cheryl makes a lovely poster child, 550 00:21:45,039 --> 00:21:47,035 so I'm guessing you're doing this pro bono. 551 00:21:47,035 --> 00:21:48,041 And you work for a pittance, 552 00:21:48,041 --> 00:21:49,796 so we're even. 553 00:21:49,796 --> 00:21:51,040 You're wasting your time. 554 00:21:51,040 --> 00:21:53,700 Judge is never going to suppress Cheryl's confession. 555 00:21:53,700 --> 00:21:54,935 Good. 556 00:21:54,935 --> 00:21:56,403 I need it to support my argument 557 00:21:56,403 --> 00:21:57,904 that she acted in self-defense. 558 00:21:57,904 --> 00:21:59,040 Joe Capilla 559 00:21:59,040 --> 00:22:00,540 was leaving the bathroom. 560 00:22:00,540 --> 00:22:01,741 The threat had abated. 561 00:22:01,741 --> 00:22:03,543 Her life was no longer in danger. 562 00:22:03,543 --> 00:22:05,041 Yeah, until Joe told a waiting lynch mob 563 00:22:05,041 --> 00:22:06,041 she was transsexual. 564 00:22:06,041 --> 00:22:07,514 Predictions of violence are 565 00:22:07,514 --> 00:22:08,648 notoriously unreliable. 566 00:22:08,648 --> 00:22:10,550 Nobody can say what Joe might have done. 567 00:22:10,550 --> 00:22:11,718 Come on. 568 00:22:11,718 --> 00:22:13,720 We both know what people do 569 00:22:13,720 --> 00:22:16,723 when they find out the truth about the transgendered. 570 00:22:16,723 --> 00:22:18,039 They kill them. 571 00:22:18,039 --> 00:22:20,041 STABLER: Now Cheryl's 572 00:22:20,041 --> 00:22:21,995 not responsible for beating Joe to death 573 00:22:21,995 --> 00:22:23,042 because she's transgendered. 574 00:22:23,042 --> 00:22:24,044 Well, that's an excuse? 575 00:22:24,044 --> 00:22:25,499 It is, and it works. 576 00:22:25,499 --> 00:22:26,800 You mean she's going to walk? 577 00:22:26,800 --> 00:22:28,041 I doubt it. The irony is 578 00:22:28,041 --> 00:22:30,504 Berger's argument may actually work for our case. 579 00:22:30,504 --> 00:22:33,038 People are generally hostile towards the transgendered. 580 00:22:33,038 --> 00:22:34,541 So a jury will be, too. 581 00:22:34,541 --> 00:22:36,843 Berger's going to put witnesses up there for Cheryl, 582 00:22:36,843 --> 00:22:38,912 or whatever his name is, to tell us all about 583 00:22:38,912 --> 00:22:40,547 how he grew up tormented, brutalized, 584 00:22:40,547 --> 00:22:42,038 and-and treated like a freak. 585 00:22:42,038 --> 00:22:44,518 You know, it sounds like you have a problem with Cheryl. 586 00:22:44,518 --> 00:22:45,685 My problem is 587 00:22:45,685 --> 00:22:47,043 this he/she and her lies are the reason 588 00:22:47,043 --> 00:22:48,755 we got two dead bodies on our hands, 589 00:22:48,755 --> 00:22:50,042 and I'm the one who's all jammed up? 590 00:22:50,042 --> 00:22:52,038 Look, I need background on Cheryl now. 591 00:22:52,038 --> 00:22:53,727 Look, all we know so far is that 592 00:22:53,727 --> 00:22:55,729 she changed her name when she was 18 years old. 593 00:22:55,729 --> 00:22:57,042 She used to be called Charles Avery. 594 00:22:57,042 --> 00:22:58,042 Her parents still live 595 00:22:58,042 --> 00:22:59,042 in Alphabet City. 596 00:22:59,042 --> 00:23:00,934 CABOT: Why don't you go talk to them? 597 00:23:00,934 --> 00:23:03,336 Maybe they can undercut Cheryl's abuse story. 598 00:23:03,336 --> 00:23:04,337 I don't know, Alex. 599 00:23:04,337 --> 00:23:05,338 Italked to her. 600 00:23:05,338 --> 00:23:06,873 And unless she's a damn good actress, 601 00:23:06,873 --> 00:23:08,475 she was completely in love with Eddie, 602 00:23:08,475 --> 00:23:09,743 and was afraid of losing him. 603 00:23:09,743 --> 00:23:11,039 So she kills Eddie's brother? 604 00:23:11,039 --> 00:23:12,746 True love doesn't mitigate murder. 605 00:23:12,746 --> 00:23:14,044 I don't think she's a violent person. 606 00:23:14,044 --> 00:23:15,682 That's fine. 607 00:23:15,682 --> 00:23:18,035 Prove it. 608 00:23:19,035 --> 00:23:20,042 MAN: Charlie was 16 609 00:23:20,042 --> 00:23:23,423 when he started growing breasts. 610 00:23:23,423 --> 00:23:24,891 Stole the hormones 611 00:23:24,891 --> 00:23:27,038 his mother was taking for menopause. 612 00:23:27,038 --> 00:23:28,395 We couldn't take it anymore. 613 00:23:28,395 --> 00:23:29,563 Is that when she left? 614 00:23:29,563 --> 00:23:30,730 We threwhim out. 615 00:23:30,730 --> 00:23:32,399 You think we're cruel, Detective, 616 00:23:32,399 --> 00:23:33,934 but we'd already lost our son. 617 00:23:33,934 --> 00:23:35,769 There was nothing else we could do. 618 00:23:35,769 --> 00:23:36,903 What about therapy? 619 00:23:36,903 --> 00:23:38,042 Charlie refused to go. 620 00:23:38,042 --> 00:23:40,740 He insisted that inside he felt like a woman 621 00:23:40,740 --> 00:23:42,876 and nothing was going to change that. 622 00:23:42,876 --> 00:23:45,035 God doesn't make mistakes. 623 00:23:45,035 --> 00:23:46,580 We got two younger sons and a daughter. 624 00:23:46,580 --> 00:23:47,581 Now how could we explain 625 00:23:47,581 --> 00:23:49,349 Charlie waxing his legs and wearing makeup? 626 00:23:49,349 --> 00:23:50,517 Mom? 627 00:23:50,517 --> 00:23:51,918 Sarah, honey, go to the kitchen. 628 00:23:51,918 --> 00:23:53,038 We'll be done soon. 629 00:23:53,038 --> 00:23:55,040 Okay. 630 00:23:57,624 --> 00:24:00,427 How did Cheryl get along with her siblings? 631 00:24:00,427 --> 00:24:02,429 They stopped hanging around with him because... 632 00:24:02,429 --> 00:24:03,930 they were getting teased at school. 633 00:24:03,930 --> 00:24:05,043 Oh, how did Cheryl do in school? 634 00:24:05,043 --> 00:24:06,666 Did she have any fights or...? 635 00:24:06,666 --> 00:24:08,435 Charlie! 636 00:24:08,435 --> 00:24:10,470 His name is Charlie. 637 00:24:13,035 --> 00:24:15,038 Was he ever violent, Mr. Avery? 638 00:24:17,039 --> 00:24:19,039 He beat a kid with a baseball bat, 639 00:24:19,039 --> 00:24:21,040 put him in the hospital. 640 00:24:21,040 --> 00:24:23,350 That violent enough? 641 00:24:29,889 --> 00:24:32,040 Detective? 642 00:24:32,040 --> 00:24:34,728 Sarah, right? 643 00:24:40,734 --> 00:24:42,736 My parents are wrong. 644 00:24:45,705 --> 00:24:47,941 You still talk to Cheryl? 645 00:24:47,941 --> 00:24:50,677 Yes, but if my parents knew, they'd kick me out, too. 646 00:24:50,677 --> 00:24:52,779 Your parents said 647 00:24:52,779 --> 00:24:55,448 that Cheryl once beat somebody with a baseball bat. 648 00:24:55,448 --> 00:24:57,550 She cut through the field one day after school. 649 00:24:57,550 --> 00:24:59,419 The baseball team saw her and chased her. 650 00:24:59,419 --> 00:25:00,587 She had to grab a bat 651 00:25:00,587 --> 00:25:01,788 to defend herself. 652 00:25:01,788 --> 00:25:03,723 This kind of thing happen a lot? All the time. 653 00:25:03,723 --> 00:25:06,660 I mean, kids made fun of her like she was a big joke. 654 00:25:06,660 --> 00:25:08,035 Anybody ever hurt her physically? 655 00:25:08,035 --> 00:25:09,042 They beat the hell out of her 656 00:25:09,042 --> 00:25:10,042 whenever they could. 657 00:25:10,042 --> 00:25:11,431 I mean, she had to go 658 00:25:11,431 --> 00:25:13,039 to the hospital three times for stitches. 659 00:25:13,039 --> 00:25:14,968 I don't care what anybody says. 660 00:25:14,968 --> 00:25:16,803 She's the bravest person I know. 661 00:25:16,803 --> 00:25:19,040 BENSON: I talked to her teachers. 662 00:25:19,040 --> 00:25:20,874 The sympathetic ones suggested 663 00:25:20,874 --> 00:25:22,676 that she transfer to Harvey Milk, 664 00:25:22,676 --> 00:25:26,036 an alternative public school for gay and transgendered kids. 665 00:25:26,036 --> 00:25:27,041 So why didn't she go? 666 00:25:27,041 --> 00:25:28,815 Because her parents wouldn't let her. 667 00:25:28,815 --> 00:25:30,037 Where are you going with this? 668 00:25:30,037 --> 00:25:31,042 All I need to know 669 00:25:31,042 --> 00:25:33,037 is whether or not Cheryl's been violent. 670 00:25:33,037 --> 00:25:35,488 Only in self-defense. 671 00:25:35,488 --> 00:25:38,038 One time, two boys held her up against a wall 672 00:25:38,038 --> 00:25:39,659 and pulled her pants down. 673 00:25:39,659 --> 00:25:41,895 Alex, this girl has been through hell. 674 00:25:41,895 --> 00:25:44,364 I know she's been a victim, and I know she's suffered, 675 00:25:44,364 --> 00:25:47,035 but that doesn't give Cheryl the right to kill Joe Capilla 676 00:25:47,035 --> 00:25:48,468 for threatening to expose her. 677 00:25:48,468 --> 00:25:49,869 Then at least offer her a plea. 678 00:25:49,869 --> 00:25:52,042 Not until I know her intent. 679 00:25:53,406 --> 00:25:55,508 If Berger will agree to a psych evaluation, 680 00:25:55,508 --> 00:25:57,377 I'll have Huang talk to Cheryl. 681 00:25:57,377 --> 00:25:59,043 CHERYL: Yeah, when I was seven, 682 00:25:59,043 --> 00:26:02,040 I knew I was different. 683 00:26:02,040 --> 00:26:04,551 Every night I'd go to bed dreaming about being a girl. 684 00:26:04,551 --> 00:26:06,786 Well, how did you handle that? 685 00:26:06,786 --> 00:26:09,856 Forced myself to be a boy. 686 00:26:09,856 --> 00:26:11,591 That must have been difficult. 687 00:26:11,591 --> 00:26:12,992 Yeah. 688 00:26:12,992 --> 00:26:14,044 I'd play with G.I. Joes 689 00:26:14,044 --> 00:26:16,044 when I wanted to dress up Barbies. 690 00:26:17,044 --> 00:26:18,364 When was the first time 691 00:26:18,364 --> 00:26:19,799 that you tried to become a woman? 692 00:26:19,799 --> 00:26:21,000 Can you remember? 693 00:26:21,000 --> 00:26:23,770 Yeah, I was ten. 694 00:26:23,770 --> 00:26:27,035 And my father caught me putting on my mother's makeup. 695 00:26:27,035 --> 00:26:29,040 And what did he do? 696 00:26:29,040 --> 00:26:31,040 Well, he beat the crap out of me, 697 00:26:31,040 --> 00:26:33,040 and he called me a pervert. 698 00:26:35,582 --> 00:26:40,042 Did that change your feelings any? 699 00:26:40,042 --> 00:26:42,956 It's not something you can change. 700 00:26:42,956 --> 00:26:45,558 I mean, it's-it's me. 701 00:26:45,558 --> 00:26:47,560 It's how I feel. 702 00:26:47,560 --> 00:26:49,829 And I can't be anything else. 703 00:26:49,829 --> 00:26:52,932 But I wanted to be a whole woman. 704 00:26:52,932 --> 00:26:54,038 Sure. 705 00:26:54,038 --> 00:26:55,401 And I needed 706 00:26:55,401 --> 00:26:57,771 the surgery, especially after I met Eddie. 707 00:26:57,771 --> 00:27:00,042 Eddie? 708 00:27:00,042 --> 00:27:02,042 Had you ever considered telling him? 709 00:27:02,042 --> 00:27:04,944 No. 710 00:27:04,944 --> 00:27:07,847 I... I figured I'd lose him. 711 00:27:07,847 --> 00:27:09,883 I mean, Eddie was the... 712 00:27:09,883 --> 00:27:12,519 was the best thing that ever happened to me. 713 00:27:12,519 --> 00:27:16,039 I mean, he was the first man that loved me as a woman. 714 00:27:16,039 --> 00:27:18,035 And I figured if I had the surgery, 715 00:27:18,035 --> 00:27:19,040 I wouldn't have 716 00:27:19,040 --> 00:27:20,760 to tell him. 717 00:27:20,760 --> 00:27:22,796 But Joe was going to tell him, right? 718 00:27:22,796 --> 00:27:24,831 How did that make you feel? 719 00:27:24,831 --> 00:27:27,035 (sighs) 720 00:27:27,035 --> 00:27:29,769 I saw fists punching me like all those other times before. 721 00:27:29,769 --> 00:27:32,739 HUANG: Anytime Cheryl's been violent, 722 00:27:32,739 --> 00:27:34,474 it's been in response to a perceived threat. 723 00:27:34,474 --> 00:27:36,709 Joe had stopped the attack and was leaving the bathroom. 724 00:27:36,709 --> 00:27:37,777 The threat was over. 725 00:27:37,777 --> 00:27:38,778 Not in her mind. 726 00:27:38,778 --> 00:27:40,480 She feared what those drunken partygoers 727 00:27:40,480 --> 00:27:42,044 would do to her when she left that bathroom. 728 00:27:42,044 --> 00:27:44,417 Boy, you'd make a great witness for the defense. 729 00:27:44,417 --> 00:27:46,586 I'm just calling it like I see it, Alex. 730 00:27:46,586 --> 00:27:48,721 I don't think she intended to kill Joe. 731 00:27:48,721 --> 00:27:50,042 All right. 732 00:27:50,042 --> 00:27:53,041 If you're convinced, I'll drop it to Man One. 733 00:27:55,829 --> 00:27:57,864 BERGER: I told Cheryl about your offer. 734 00:27:57,864 --> 00:28:00,044 But she, uh... she wants to go to trial. 735 00:28:00,044 --> 00:28:03,002 She does, or you do? 736 00:28:03,002 --> 00:28:05,939 Do you know why I became a lawyer, Alex? 737 00:28:05,939 --> 00:28:09,035 Uh... to see your face on TV? 738 00:28:09,035 --> 00:28:11,911 To change society's misconceptions 739 00:28:11,911 --> 00:28:13,713 about what's normal. 740 00:28:13,713 --> 00:28:16,035 I'm here for the underdog. 741 00:28:16,035 --> 00:28:17,043 You're here 742 00:28:17,043 --> 00:28:18,451 for yourself. 743 00:28:18,451 --> 00:28:19,786 No. I'm here for a cause. 744 00:28:19,786 --> 00:28:20,987 Gender is not always binary. 745 00:28:20,987 --> 00:28:22,789 People are afraid of what they don't know. 746 00:28:22,789 --> 00:28:24,038 Cheryl's case can change that. 747 00:28:24,038 --> 00:28:25,038 Are you so sure 748 00:28:25,038 --> 00:28:26,043 of this that you're willing 749 00:28:26,043 --> 00:28:27,044 to serve up your client 750 00:28:27,044 --> 00:28:28,361 as a sacrificial lamb? 751 00:28:28,361 --> 00:28:30,363 She could spend the rest of her life in prison. 752 00:28:30,363 --> 00:28:31,698 Not after this is tried 753 00:28:31,698 --> 00:28:33,766 in the court of public opinion. 754 00:28:33,766 --> 00:28:36,569 Joe Capilla sexually assaulted Cheryl Avery 755 00:28:36,569 --> 00:28:38,404 and threatened to out her. 756 00:28:38,404 --> 00:28:40,773 She fought back to save her life. 757 00:28:40,773 --> 00:28:43,036 She's not going to prison. 758 00:28:50,917 --> 00:28:52,919 Hello. 759 00:28:52,919 --> 00:28:54,554 CABOT: Thanks for meeting me. 760 00:28:54,554 --> 00:28:57,035 Well, I shouldn't be speaking to you without my attorney. 761 00:28:57,035 --> 00:28:58,040 I shouldn't be asking 762 00:28:58,040 --> 00:28:59,993 you to, but I'm very concerned 763 00:28:59,993 --> 00:29:02,562 about how Mr. Berger is handling your case. 764 00:29:02,562 --> 00:29:04,364 You're the one prosecuting me. 765 00:29:04,364 --> 00:29:06,699 Why would you care? 766 00:29:06,699 --> 00:29:09,736 Because I think you're getting bad advice. 767 00:29:09,736 --> 00:29:10,870 No, he's... 768 00:29:10,870 --> 00:29:13,439 No, he's the only one who's been on my side. 769 00:29:13,439 --> 00:29:15,909 No. He knows what I've been through. 770 00:29:15,909 --> 00:29:17,510 Then he should the first one to tell you 771 00:29:17,510 --> 00:29:19,445 that your chances of acquittal are slim to none. 772 00:29:19,445 --> 00:29:21,547 I was attacked and almost raped. 773 00:29:21,547 --> 00:29:22,916 Okay? 774 00:29:22,916 --> 00:29:24,684 He says the jury will take my side. 775 00:29:24,684 --> 00:29:25,852 I think a jury is going 776 00:29:25,852 --> 00:29:27,044 to have some trouble 777 00:29:27,044 --> 00:29:31,035 separating the facts of the case from who you are. 778 00:29:31,035 --> 00:29:32,859 Well, if you're so sure I'm going to lose, 779 00:29:32,859 --> 00:29:33,893 then why are you here? 780 00:29:33,893 --> 00:29:35,695 Because I want to know why 781 00:29:35,695 --> 00:29:38,035 you won't take the deal. 782 00:29:38,035 --> 00:29:40,044 What deal? 783 00:29:42,535 --> 00:29:45,638 I told Berger I would plead down to first degree manslaughter. 784 00:29:47,573 --> 00:29:49,776 He never told me. 785 00:29:52,038 --> 00:29:54,043 You had no right to speak to my client without me. 786 00:29:54,043 --> 00:29:57,037 I'm taking this to Judge Larsen and the disciplinary committee. 787 00:29:57,037 --> 00:29:58,418 Go ahead. They'll love the part 788 00:29:58,418 --> 00:30:00,520 where you ignored your obligation to bring my deal 789 00:30:00,520 --> 00:30:02,035 to your client, and then lied to me 790 00:30:02,035 --> 00:30:03,040 and told me you had. 791 00:30:03,040 --> 00:30:05,725 I've done hundreds of trials and made new case law. 792 00:30:05,725 --> 00:30:07,727 I think I know what's best for my client. 793 00:30:07,727 --> 00:30:09,963 Doesn't Cheryl have a right to decide? 794 00:30:09,963 --> 00:30:11,038 Fine. 795 00:30:11,038 --> 00:30:13,038 Cheryl, I have your best interests at heart. 796 00:30:13,038 --> 00:30:14,041 Go ahead, take the deal, 797 00:30:14,041 --> 00:30:16,043 and you go to prison for at least five years. 798 00:30:16,043 --> 00:30:18,438 And if you don't take the deal, and you get convicted, 799 00:30:18,438 --> 00:30:20,035 you'll go for a minimum of 15 to life. 800 00:30:20,035 --> 00:30:21,374 Well, do you think we'll lose? 801 00:30:21,374 --> 00:30:22,608 You're not guilty, Cheryl. 802 00:30:22,608 --> 00:30:23,776 CABOT: Answer her question. 803 00:30:23,776 --> 00:30:25,038 Look, she's trying to scare you. 804 00:30:25,038 --> 00:30:26,612 Yeah, there's a chance you'll lose, 805 00:30:26,612 --> 00:30:28,514 but think of everything you're going to gain. 806 00:30:28,514 --> 00:30:31,351 He's trying to make you a martyr for the cause. 807 00:30:33,419 --> 00:30:35,038 I'll take the deal. 808 00:30:35,038 --> 00:30:37,824 You're making a big mistake. 809 00:30:45,807 --> 00:30:47,230 STABLER: How'd it go in court? 810 00:30:47,230 --> 00:30:50,167 Cheryl pled out. 811 00:30:50,167 --> 00:30:52,169 You know that the only person 812 00:30:52,169 --> 00:30:54,237 that came to support her was her sister. 813 00:30:54,237 --> 00:30:55,405 And you. 814 00:30:55,405 --> 00:30:57,625 Yeah, but I'm not family. 815 00:30:57,625 --> 00:30:59,443 Excuse me. 816 00:30:59,443 --> 00:31:00,630 Detective Benson. 817 00:31:00,630 --> 00:31:02,112 Mr. Berger, how can I help you? 818 00:31:02,112 --> 00:31:04,514 Cheryl wants to talk to you about her plea. 819 00:31:04,514 --> 00:31:06,984 She needs to speak to the ADA about that. 820 00:31:06,984 --> 00:31:08,632 My client's not a big fan of Miss Cabot. 821 00:31:08,632 --> 00:31:10,087 Why not? 822 00:31:10,087 --> 00:31:11,555 Well, Cheryl feels 823 00:31:11,555 --> 00:31:13,023 she was tricked into pleading out. 824 00:31:13,023 --> 00:31:14,634 Well, why does she want to talk to me? 825 00:31:14,634 --> 00:31:17,027 She thinks you'll understand the situation. 826 00:31:17,027 --> 00:31:19,563 What situation? 827 00:31:19,563 --> 00:31:21,631 Her accommodations. 828 00:31:23,100 --> 00:31:26,303 CHERYL: Look, you have to help me. 829 00:31:26,303 --> 00:31:27,504 I cannot stay here. 830 00:31:27,504 --> 00:31:29,106 Cheryl... you pled guilty. 831 00:31:29,106 --> 00:31:31,074 You knew that you were going to prison... 832 00:31:31,074 --> 00:31:33,944 I'm a woman, and they put me in a cell with men. 833 00:31:35,946 --> 00:31:37,314 You didn't tell her? 834 00:31:37,314 --> 00:31:39,116 I told her to go to trial. 835 00:31:39,116 --> 00:31:40,630 Bull. 836 00:31:40,630 --> 00:31:42,519 You set her up for your own career. 837 00:31:42,519 --> 00:31:44,488 What, the murder case wasn't enough for you? 838 00:31:44,488 --> 00:31:45,989 The civil rights issue is more pressing. 839 00:31:45,989 --> 00:31:47,090 You're going to ride it 840 00:31:47,090 --> 00:31:48,633 all the way to the Supreme Court, aren't you? 841 00:31:48,633 --> 00:31:49,633 Why not? 842 00:31:49,633 --> 00:31:51,395 This could be a precedent-setting case. 843 00:31:51,395 --> 00:31:53,096 Yeah, not to mention a juicy story. 844 00:31:53,096 --> 00:31:54,398 A woman in a man's prison? 845 00:31:54,398 --> 00:31:55,999 You'll have the media drooling. 846 00:32:01,634 --> 00:32:03,940 I'm sorry. 847 00:32:03,940 --> 00:32:05,142 Just help me. 848 00:32:05,142 --> 00:32:07,144 CABOT: My hands are tied. 849 00:32:07,144 --> 00:32:08,945 I can't move Cheryl to a woman's prison. 850 00:32:08,945 --> 00:32:10,580 Look, she was going to have surgery. 851 00:32:10,580 --> 00:32:12,626 Unfortunately, she's still anatomically male. 852 00:32:12,626 --> 00:32:14,584 New York State determines a person's gender 853 00:32:14,584 --> 00:32:16,625 based on their genitals, not their feelings. 854 00:32:16,625 --> 00:32:18,388 What, so you're not going to do anything? 855 00:32:18,388 --> 00:32:19,489 There's nothing I can do. 856 00:32:19,489 --> 00:32:21,631 The law says she's not entitled to special treatment, 857 00:32:21,631 --> 00:32:23,627 and I can't put a man in a woman's prison. 858 00:32:23,627 --> 00:32:24,634 But Cheryl is not 859 00:32:24,634 --> 00:32:26,096 a man anymore. 860 00:32:26,096 --> 00:32:29,299 Legally, she still is. 861 00:32:29,299 --> 00:32:30,631 Look, Berger has to fight it out 862 00:32:30,631 --> 00:32:32,369 with the Department of Corrections, 863 00:32:32,369 --> 00:32:33,632 and I have to make an appearance. 864 00:32:33,632 --> 00:32:37,007 I will see what I can do. 865 00:32:39,476 --> 00:32:40,944 BERGER: Cheryl Avery is a woman. 866 00:32:40,944 --> 00:32:43,013 State of New York doesn't see it that way. 867 00:32:43,013 --> 00:32:45,549 The medical community would side with the defendant 868 00:32:45,549 --> 00:32:46,629 in the matter of her gender. 869 00:32:46,629 --> 00:32:48,634 This hearing is not about the politics of gender. 870 00:32:48,634 --> 00:32:50,287 It's about where to house him. 871 00:32:50,287 --> 00:32:53,190 It's extremely derogatory to refer to my client 872 00:32:53,190 --> 00:32:54,491 using male pronouns. 873 00:32:54,491 --> 00:32:55,625 You have my sincere apology. 874 00:32:55,625 --> 00:32:57,194 But biologically, your client is a man. 875 00:32:57,194 --> 00:32:59,633 My client will be singled out for abuse 876 00:32:59,633 --> 00:33:01,198 in a male facility. 877 00:33:01,198 --> 00:33:02,626 What if she stops taking hormones? 878 00:33:02,626 --> 00:33:04,034 Federal prison guidelines state: 879 00:33:04,034 --> 00:33:07,337 "The pre-established hormone levels of transsexuals 880 00:33:07,337 --> 00:33:08,628 must be maintained." 881 00:33:08,628 --> 00:33:09,973 When prescribed by a physician. 882 00:33:09,973 --> 00:33:11,174 Your client was self-medicating 883 00:33:11,174 --> 00:33:12,626 with a friend's birth control pills. 884 00:33:12,626 --> 00:33:15,445 Look, I'd rather die than stop hormone therapy. 885 00:33:15,445 --> 00:33:17,514 What about protective custody? 886 00:33:17,514 --> 00:33:18,548 23 hours a day 887 00:33:18,548 --> 00:33:20,632 without human contact. 888 00:33:20,632 --> 00:33:23,520 That's cruel and unusual. 889 00:33:23,520 --> 00:33:26,323 I'm generously giving your client a choice. 890 00:33:26,323 --> 00:33:28,024 Either stop the hormones, 891 00:33:28,024 --> 00:33:31,294 or go into protective custody. 892 00:33:31,294 --> 00:33:33,330 There's nothing else you can do? 893 00:33:33,330 --> 00:33:38,468 The defendant has not yet been sentenced, Your Honor. 894 00:33:40,270 --> 00:33:42,005 All right. 895 00:33:42,005 --> 00:33:44,625 Ask Judge Larsen to vacate the guilty plea, 896 00:33:44,625 --> 00:33:47,978 take this to trial, hope for an acquittal. 897 00:33:49,513 --> 00:33:51,632 (knocking) 898 00:33:51,632 --> 00:33:55,252 What's this I hear about you wanting off the Avery case? 899 00:33:55,252 --> 00:33:57,954 I just don't think I'm the right person to try it. 900 00:33:57,954 --> 00:33:59,628 That's not what I heard. 901 00:33:59,628 --> 00:34:03,630 You've made several impassioned arguments on her behalf. 902 00:34:03,630 --> 00:34:06,629 Perhaps you'd like to defend her instead. 903 00:34:06,629 --> 00:34:08,932 Well, she could use better representation 904 00:34:08,932 --> 00:34:10,633 than that self-serving snake Berger. 905 00:34:10,633 --> 00:34:11,935 Reptile though he may be, 906 00:34:11,935 --> 00:34:13,503 Morty Berger is a damn good attorney. 907 00:34:13,503 --> 00:34:16,506 He deserves a worthy adversary. 908 00:34:16,506 --> 00:34:18,041 I think I'm more sympathetic to Cheryl 909 00:34:18,041 --> 00:34:19,209 than a prosecutor should be. 910 00:34:19,209 --> 00:34:20,410 A good ADA has to think 911 00:34:20,410 --> 00:34:22,445 on both sides of the fence. 912 00:34:22,445 --> 00:34:25,627 Your empathy is a strength, not a weakness. 913 00:34:25,627 --> 00:34:28,351 You know, if Cheryl had been born a woman, 914 00:34:28,351 --> 00:34:31,154 a jury would have no problem acquitting her. 915 00:34:31,154 --> 00:34:32,289 She killed a man. 916 00:34:32,289 --> 00:34:34,391 What do you care what sex she is? 917 00:34:34,391 --> 00:34:35,632 Because that, and not the evidence, 918 00:34:35,632 --> 00:34:37,194 is what's going to convict her. 919 00:34:37,194 --> 00:34:38,562 No, what's going to convict her 920 00:34:38,562 --> 00:34:40,628 is a jury of her peers, 921 00:34:40,628 --> 00:34:44,067 not, uh, angels, or divine ethical beings. 922 00:34:46,069 --> 00:34:48,939 I suppose it bothers me more than it should. 923 00:34:48,939 --> 00:34:52,442 Well, I'll reassign the case if you like, 924 00:34:52,442 --> 00:34:55,178 but you might want to consider, 925 00:34:55,178 --> 00:35:00,050 who's going to give Cheryl Avery the fairest treatment: 926 00:35:00,050 --> 00:35:01,632 you or some other prosecutor 927 00:35:01,632 --> 00:35:03,632 who will put her gender on trial? 928 00:35:07,490 --> 00:35:09,960 Gender identity dysphoria 929 00:35:09,960 --> 00:35:14,628 occurs when a woman feels trapped in a man's body. 930 00:35:14,628 --> 00:35:17,628 These feelings are centered in the hypothalamus gland 931 00:35:17,628 --> 00:35:20,537 in the brain, specifically, the stria terminalis. 932 00:35:20,537 --> 00:35:22,626 Please describe the exhibits, Doctor. 933 00:35:22,626 --> 00:35:26,626 The first photo is the stria terminalis of a male brain. 934 00:35:26,626 --> 00:35:28,633 The second is that of a female. 935 00:35:28,633 --> 00:35:30,634 The stria terminalis of the male brain 936 00:35:30,634 --> 00:35:32,626 is much larger than the female's. 937 00:35:32,626 --> 00:35:34,625 The third appears to be the same size 938 00:35:34,625 --> 00:35:36,586 as the female stria terminalis. 939 00:35:36,586 --> 00:35:37,587 It is, 940 00:35:37,587 --> 00:35:39,990 but it is actually the stria terminalis 941 00:35:39,990 --> 00:35:42,459 of a biological male who is transsexual. 942 00:35:42,459 --> 00:35:44,060 Are you saying, Doctor, 943 00:35:44,060 --> 00:35:47,063 that despite being born with male genitals, 944 00:35:47,063 --> 00:35:51,001 a portion of this man's brain is identical to a woman's? 945 00:35:51,001 --> 00:35:52,068 Yes. 946 00:35:52,068 --> 00:35:55,572 And, in your expert opinion, 947 00:35:55,572 --> 00:35:58,541 explain what this means in Cheryl's case. 948 00:35:58,541 --> 00:36:01,628 Cheryl feels like a woman because her brain 949 00:36:01,628 --> 00:36:03,625 is physiologically female. 950 00:36:03,625 --> 00:36:04,981 Thank you, Doctor. 951 00:36:09,386 --> 00:36:12,389 Uh, referring to the defense's exhibit three, 952 00:36:12,389 --> 00:36:15,630 the stria terminalis of a male-to-female transsexual. 953 00:36:15,630 --> 00:36:16,634 Is that a picture 954 00:36:16,634 --> 00:36:19,396 of the defendant's brain? 955 00:36:19,396 --> 00:36:21,498 No, these are photographs of cadaver brains. 956 00:36:21,498 --> 00:36:23,630 Why didn't you photograph Cheryl Avery's brain? 957 00:36:23,630 --> 00:36:26,625 The stria terminalis is only accessible post-mortem. 958 00:36:26,625 --> 00:36:27,632 So, as far as you know, 959 00:36:27,632 --> 00:36:30,240 Cheryl's stria terminalis is the size of a man's 960 00:36:30,240 --> 00:36:31,630 and she's not a transsexual? 961 00:36:31,630 --> 00:36:33,109 Object, Your Honor. 962 00:36:33,109 --> 00:36:35,632 Overruled. Answer the question, Doctor. 963 00:36:35,632 --> 00:36:39,630 I can't respond with certainty either way. 964 00:36:39,630 --> 00:36:43,320 Nothing further. 965 00:36:44,626 --> 00:36:46,589 Let's talk about the first time 966 00:36:46,589 --> 00:36:51,627 you were assaulted for dressing as a woman. 967 00:36:51,627 --> 00:36:55,332 How old were you? 968 00:36:55,332 --> 00:36:57,267 And what happened? 969 00:36:57,267 --> 00:37:00,437 I was in my, um, my room, 970 00:37:00,437 --> 00:37:03,239 wearing my mom's bra and skirt 971 00:37:03,239 --> 00:37:04,574 when my brother's friend walked in. 972 00:37:04,574 --> 00:37:06,042 What did he do? 973 00:37:06,042 --> 00:37:07,110 He laughed. 974 00:37:07,110 --> 00:37:10,480 And he said he would tell everyone. 975 00:37:10,480 --> 00:37:11,634 Did he? 976 00:37:11,634 --> 00:37:14,284 Yeah. 977 00:37:14,284 --> 00:37:17,087 Uh, in fact, the next day at school, 978 00:37:17,087 --> 00:37:19,456 three boys came in the bathroom, and they, uh, 979 00:37:19,456 --> 00:37:25,562 hit me, kicked me, and, uh, spit on me. 980 00:37:25,562 --> 00:37:28,198 BERGER: How many times have you been assaulted? 981 00:37:28,198 --> 00:37:29,432 I had my nose broken, 982 00:37:29,432 --> 00:37:32,102 and my, uh, my shoulder dislocated, 983 00:37:32,102 --> 00:37:34,938 and once someone set fire to my hair. 984 00:37:34,938 --> 00:37:36,239 Cheryl... 985 00:37:36,239 --> 00:37:42,579 how have these repeated attacks affected you? 986 00:37:42,579 --> 00:37:45,148 I was scared to leave the house. 987 00:37:45,148 --> 00:37:49,419 But I, I had no choice when my parents kicked me out. 988 00:37:49,419 --> 00:37:53,089 You know, and every time someone looked at me, 989 00:37:53,089 --> 00:37:56,326 I wondered, are they going to hurt me? 990 00:37:56,326 --> 00:37:58,028 Are they going to... 991 00:37:58,028 --> 00:38:02,198 is this going to be the time that someone kills me? 992 00:38:02,198 --> 00:38:03,566 When Joe Capilla 993 00:38:03,566 --> 00:38:08,238 assaulted you, this is what you were feeling. 994 00:38:08,238 --> 00:38:11,975 Yes. 995 00:38:11,975 --> 00:38:17,047 Your witness, Miss Cabot. 996 00:38:20,250 --> 00:38:24,626 So you thought your life was in danger that night. 997 00:38:24,626 --> 00:38:25,629 Yes. 998 00:38:25,629 --> 00:38:29,926 Did anybody at the party threaten you? 999 00:38:29,926 --> 00:38:32,631 No, no. 1000 00:38:32,631 --> 00:38:35,965 Did anyone make derogatory remarks about transsexuals? 1001 00:38:35,965 --> 00:38:37,625 No, but why would they? 1002 00:38:37,625 --> 00:38:38,625 Nobody knew. 1003 00:38:38,625 --> 00:38:40,236 Had anyone at the party 1004 00:38:40,236 --> 00:38:42,172 ever hurt you before? 1005 00:38:42,172 --> 00:38:46,142 No. The only people I knew there were, um... 1006 00:38:46,142 --> 00:38:48,545 were Joe and Eddie. 1007 00:38:48,545 --> 00:38:51,414 How long had you been dating Eddie? 1008 00:38:51,414 --> 00:38:54,317 (sniffles): Two months. 1009 00:38:54,317 --> 00:38:56,519 Were you intimate? 1010 00:38:56,519 --> 00:39:01,626 Yeah, we, uh... we kissed and fooled around, 1011 00:39:01,626 --> 00:39:04,194 but we never had sex. 1012 00:39:05,495 --> 00:39:07,626 Why not? 1013 00:39:07,626 --> 00:39:09,634 Because I didn't want Eddie to know 1014 00:39:09,634 --> 00:39:11,631 I hadn't had my surgery yet. 1015 00:39:11,631 --> 00:39:13,536 So you deceived him. 1016 00:39:13,536 --> 00:39:14,628 I had to. 1017 00:39:14,628 --> 00:39:16,628 What do you think Eddie would have done 1018 00:39:16,628 --> 00:39:20,176 if he'd found out the truth? 1019 00:39:20,176 --> 00:39:21,627 I don't know. 1020 00:39:21,627 --> 00:39:23,012 Don't you? 1021 00:39:23,012 --> 00:39:24,414 You told Detective Benson 1022 00:39:24,414 --> 00:39:27,183 that you were afraid Eddie was going to leave you. 1023 00:39:27,183 --> 00:39:28,518 In fact, Eddie 1024 00:39:28,518 --> 00:39:30,628 committed suicide when he found out. 1025 00:39:30,628 --> 00:39:32,489 And I blame myself for that. 1026 00:39:32,489 --> 00:39:34,631 Do you blame yourself for Joe's death? 1027 00:39:36,625 --> 00:39:38,528 I was protecting myself. 1028 00:39:38,528 --> 00:39:42,098 All I wanted to do was hit him over the head. 1029 00:39:42,098 --> 00:39:43,626 If you hadn't killed him, 1030 00:39:43,626 --> 00:39:47,103 he would have told everyone your secret when he came to. 1031 00:39:47,103 --> 00:39:49,305 Well, I wasn't thinking that far ahead. 1032 00:39:49,305 --> 00:39:50,629 Weren't you? 1033 00:39:50,629 --> 00:39:53,076 Joe was going to tell Eddie, 1034 00:39:53,076 --> 00:39:55,178 and you couldn't take that chance. 1035 00:39:55,178 --> 00:39:56,626 You were finally happy. 1036 00:39:56,626 --> 00:39:57,630 Eddie loved you. 1037 00:39:57,630 --> 00:39:59,626 Joe was going to ruin that. 1038 00:39:59,626 --> 00:40:03,987 He was going to ruin it, and I, I couldn't let him do it. 1039 00:40:03,987 --> 00:40:08,024 I could not let him do it. I had to stop him. 1040 00:40:10,560 --> 00:40:12,628 You did. 1041 00:40:12,628 --> 00:40:14,364 Nothing further. 1042 00:40:25,629 --> 00:40:27,277 Has the jury reached a verdict? 1043 00:40:27,277 --> 00:40:28,378 We have, Your Honor. 1044 00:40:28,378 --> 00:40:30,079 Will the defendant please rise. 1045 00:40:33,634 --> 00:40:36,186 On the sole count of murder in the second degree, 1046 00:40:36,186 --> 00:40:38,188 how does the jury find? 1047 00:40:38,188 --> 00:40:41,024 We find the defendant... 1048 00:40:41,024 --> 00:40:42,630 guilty. 1049 00:40:46,129 --> 00:40:47,130 Wait, please. 1050 00:40:47,130 --> 00:40:48,431 Please don't do this. 1051 00:40:48,431 --> 00:40:49,634 Please look, you can't put me in that place! 1052 00:40:49,634 --> 00:40:51,630 Please. 1053 00:40:51,630 --> 00:40:53,503 Help me, please... somebody! 1054 00:40:53,503 --> 00:40:55,625 You can't put me in that place! 1055 00:41:01,945 --> 00:41:03,980 Hey. I'm heading out. 1056 00:41:03,980 --> 00:41:06,349 You want to grab a drink? 1057 00:41:06,349 --> 00:41:09,634 Thank you, but, you know, I'm just not in the mood. 1058 00:41:09,634 --> 00:41:13,489 Well, neither am I, but I don't feel much like going home. 1059 00:41:15,358 --> 00:41:18,061 Do you think I pushed Cheryl too hard? 1060 00:41:19,628 --> 00:41:22,298 You did your job. 1061 00:41:23,199 --> 00:41:25,935 Then why do I feel so lousy? 1062 00:41:28,627 --> 00:41:30,974 Because you look at Cheryl, 1063 00:41:30,974 --> 00:41:33,943 and you can't imagine what it's like 1064 00:41:33,943 --> 00:41:37,313 to feel that your own body is a mistake. 1065 00:41:38,481 --> 00:41:40,631 (cell phone rings) 1066 00:41:42,218 --> 00:41:44,187 Benson. 1067 00:41:44,187 --> 00:41:46,956 We'll be right there. 1068 00:41:46,956 --> 00:41:48,057 What's up? 1069 00:41:48,057 --> 00:41:49,559 I got to go to Bellevue. 1070 00:41:49,559 --> 00:41:51,027 You should come with me. 1071 00:41:56,432 --> 00:41:58,630 Special Victims Unit. Called about a rape victim? 1072 00:41:58,630 --> 00:42:00,570 They're taking him up to surgery now. 1073 00:42:03,239 --> 00:42:04,374 CABOT: What happened? 1074 00:42:04,374 --> 00:42:07,625 Cheryl Avery was gang-raped at Rikers.