1 00:00:01,421 --> 00:00:03,423 NARRATOR: In the criminal justice system 2 00:00:03,423 --> 00:00:06,668 sexually based offenses are considered especially heinous. 3 00:00:06,668 --> 00:00:08,937 In New York City, the dedicated detectives 4 00:00:08,937 --> 00:00:10,805 who investigate these vicious felonies 5 00:00:10,805 --> 00:00:12,540 are members of an elite squad 6 00:00:12,540 --> 00:00:14,171 known as the Special Victims Unit. 7 00:00:14,171 --> 00:00:15,777 These are their stories. 8 00:00:19,082 --> 00:00:20,087 Okay, all right, guys, 9 00:00:20,087 --> 00:00:21,564 we're playing Texas Hold-'Em. 10 00:00:21,564 --> 00:00:22,932 This game's all about balls-- 11 00:00:22,932 --> 00:00:24,533 who's got them, and who's a skirt. 12 00:00:24,533 --> 00:00:26,084 WOMAN: What if I don't want balls? 13 00:00:26,084 --> 00:00:27,937 Cheater. Wives are allowed. 14 00:00:27,937 --> 00:00:30,085 All right, Michael, in or out? 15 00:00:30,085 --> 00:00:32,908 Uh... $20. 16 00:00:32,908 --> 00:00:34,089 Are those balls or what? 17 00:00:35,089 --> 00:00:36,879 Call. 18 00:00:36,879 --> 00:00:38,714 All right, you guys suck. 19 00:00:38,714 --> 00:00:39,848 (door buzzer) 20 00:00:39,848 --> 00:00:41,483 That's the food, hon. 21 00:00:41,483 --> 00:00:42,718 WOMAN: Raise ten. 22 00:00:42,718 --> 00:00:44,486 I got nothing. Fold. 23 00:00:44,486 --> 00:00:45,955 (laughter and groaning) 24 00:00:45,955 --> 00:00:47,080 MAN: Hey, hey, hoo. 25 00:00:47,080 --> 00:00:48,791 Hello? 26 00:00:48,791 --> 00:00:50,726 (intermittent speech on intercom) 27 00:00:50,726 --> 00:00:52,394 I didn't hear you. Who's there? 28 00:00:52,394 --> 00:00:53,662 (intermittent speech) 29 00:00:53,662 --> 00:00:55,464 Hon, I'm going down. 30 00:00:55,464 --> 00:00:57,084 Something's wrong with the intercom. 31 00:00:57,084 --> 00:00:58,767 WOMAN: Don't forget to tip him. 32 00:00:58,767 --> 00:00:59,835 Yeah. 33 00:00:59,835 --> 00:01:02,771 (laughter and conversation) 34 00:01:16,418 --> 00:01:17,753 Police. 35 00:01:17,753 --> 00:01:19,555 Let me see your hands. What did I do? 36 00:01:19,555 --> 00:01:20,990 Turn around. Hands on the wall. 37 00:01:20,990 --> 00:01:22,024 Up against the wall now. 38 00:01:22,024 --> 00:01:23,659 Michael Gardner, you're under arrest. 39 00:01:23,659 --> 00:01:25,661 I didn't do anything. Hands above your head. 40 00:01:25,661 --> 00:01:27,563 Look, you got the wrong guy, whatever it is. 41 00:01:27,563 --> 00:01:28,631 It's rape, Mr. Gardner. 42 00:01:28,631 --> 00:01:29,698 What? 43 00:01:30,833 --> 00:01:32,568 (grunting) 44 00:01:32,568 --> 00:01:34,770 You okay? Yeah. 45 00:01:34,770 --> 00:01:36,081 You just made a big mistake. 46 00:01:36,081 --> 00:01:37,640 Mike, my God, what are you doing 47 00:01:37,640 --> 00:01:39,081 to him?! Get back. This is police. 48 00:01:39,081 --> 00:01:40,081 He's my husband. 49 00:01:40,081 --> 00:01:41,084 Call Erin Russ. 50 00:01:41,084 --> 00:01:43,081 She's a lawyer in my book. 51 00:01:43,081 --> 00:01:45,014 Why are you arresting him? 52 00:01:45,014 --> 00:01:47,086 Your husband raped four women. 53 00:01:47,086 --> 00:01:48,851 Your dinner's here. 54 00:01:48,851 --> 00:01:50,088 It's on the NYPD. 55 00:02:42,761 --> 00:02:46,486 I'm so sorry for hitting you. 56 00:02:46,486 --> 00:02:47,618 I, I lost my temper. 57 00:02:47,618 --> 00:02:49,787 I, I take full responsibility. 58 00:02:49,787 --> 00:02:51,022 How did my client 59 00:02:51,022 --> 00:02:53,287 get hurt between his home and here? 60 00:02:53,287 --> 00:02:55,286 I don't know. How? 61 00:02:55,286 --> 00:02:56,827 He fell. 62 00:02:56,827 --> 00:02:58,796 Bull. The only injuries I see 63 00:02:58,796 --> 00:03:00,197 are your client's torn knuckles 64 00:03:00,197 --> 00:03:02,133 from punching Detective Benson in the face, 65 00:03:02,133 --> 00:03:03,843 so, unless you want to add assault of a police officer 66 00:03:03,843 --> 00:03:06,836 to the tab, I say we move on. 67 00:03:06,836 --> 00:03:08,559 I did not rape anyone. 68 00:03:08,559 --> 00:03:10,561 You have the wrong person. 69 00:03:10,561 --> 00:03:12,196 Well, we got a print at the scene 70 00:03:12,196 --> 00:03:13,840 matching one from your assault bust. 71 00:03:13,840 --> 00:03:16,434 Yeah, from a college bar fight ten years ago. 72 00:03:16,434 --> 00:03:17,635 All you've got 73 00:03:17,635 --> 00:03:20,835 is one print on an exterior metal railing 74 00:03:20,835 --> 00:03:21,843 of an apartment building 75 00:03:21,843 --> 00:03:24,208 two blocks from where Mr. Gardner lives. 76 00:03:24,208 --> 00:03:26,344 I walk my dog all over that neighborhood. 77 00:03:26,344 --> 00:03:28,834 You'll find my prints in front of 20 buildings. 78 00:03:28,834 --> 00:03:31,836 One print at one scene doesn't add up to four rapes. 79 00:03:31,836 --> 00:03:33,834 Your detectives are getting lazy. 80 00:03:33,834 --> 00:03:34,839 Hardly. 81 00:03:34,839 --> 00:03:36,420 Mr. Gardner did us the favor 82 00:03:36,420 --> 00:03:38,523 of leaving his calling card at the scene. 83 00:03:38,523 --> 00:03:40,558 You choke them till they pass out, 84 00:03:40,558 --> 00:03:41,659 then you rape them, 85 00:03:41,659 --> 00:03:42,838 then you cut their breasts. 86 00:03:42,838 --> 00:03:44,362 It's called a pattern, Mikey. 87 00:03:44,362 --> 00:03:45,563 A vague pattern 88 00:03:45,563 --> 00:03:47,365 that 100 guys at Attica have used. 89 00:03:47,365 --> 00:03:49,838 You've got no DNA, no prints at any other scene. 90 00:03:49,838 --> 00:03:51,843 We have your client's description from one 91 00:03:51,843 --> 00:03:53,204 of his victims. 92 00:03:53,204 --> 00:03:54,338 She pretended 93 00:03:54,338 --> 00:03:56,274 to be unconscious even after you cut her. 94 00:03:56,274 --> 00:03:58,409 We're giving you a chance to cooperate, Mr. Gardner. 95 00:03:58,409 --> 00:03:59,510 You'd go a long way 96 00:03:59,510 --> 00:04:01,579 towards helping yourself if you would tell us 97 00:04:01,579 --> 00:04:03,581 everything that you know about the attacks. 98 00:04:03,581 --> 00:04:06,317 There were no attacks. 99 00:04:06,317 --> 00:04:07,843 We're done. 100 00:04:07,843 --> 00:04:09,554 If they had a victim, 101 00:04:09,554 --> 00:04:11,656 you'd already be in a line-up. 102 00:04:11,656 --> 00:04:12,837 She's right. 103 00:04:12,837 --> 00:04:15,836 That's your next stop. 104 00:04:16,838 --> 00:04:18,629 Carrie, if you're ready, 105 00:04:18,629 --> 00:04:21,666 I'd like to take you into the line-up now. 106 00:04:21,666 --> 00:04:24,268 Oh, uh... 107 00:04:24,268 --> 00:04:26,337 I don't think that I can do it. 108 00:04:26,337 --> 00:04:29,834 You can't see him again, or you can't identify him? 109 00:04:29,834 --> 00:04:30,839 No, no, I didn't... 110 00:04:30,839 --> 00:04:32,310 I didn't get a good look at him, 111 00:04:32,310 --> 00:04:33,840 and, and I... 112 00:04:33,840 --> 00:04:36,839 What if I don't pick the right person? 113 00:04:36,839 --> 00:04:38,716 Don't worry about that. 114 00:04:38,716 --> 00:04:40,585 Your only responsibility 115 00:04:40,585 --> 00:04:43,154 is to say what you think is true. 116 00:04:43,154 --> 00:04:46,835 Okay, but... if I pick the wrong person, and... 117 00:04:46,835 --> 00:04:48,492 then he gets away, and I... 118 00:04:48,492 --> 00:04:49,843 You told me at the rape crisis center 119 00:04:49,843 --> 00:04:52,730 that I don't have to do anything that I don't want to do. 120 00:04:52,730 --> 00:04:53,835 That's right. You don't. 121 00:04:53,835 --> 00:04:55,333 Okay, h-hold on. 122 00:04:55,333 --> 00:04:57,668 Why don't we, why don't we back up for a second. 123 00:04:57,668 --> 00:05:00,238 Let's forget about the line-up right now, all right? 124 00:05:00,238 --> 00:05:02,373 I just want to see how good your memory is. 125 00:05:02,373 --> 00:05:05,443 Okay? 126 00:05:05,443 --> 00:05:07,834 I can't. 127 00:05:07,834 --> 00:05:09,835 I can't... 128 00:05:09,835 --> 00:05:12,149 I can't go through that again. 129 00:05:12,149 --> 00:05:14,452 I haven't even told my fiancé. 130 00:05:14,452 --> 00:05:15,653 Carrie, 131 00:05:15,653 --> 00:05:19,423 I just want to talk about what you saw, okay? 132 00:05:19,423 --> 00:05:20,836 You know what? 133 00:05:20,836 --> 00:05:22,760 Why don't we sit down for a second, 134 00:05:22,760 --> 00:05:23,838 all right? 135 00:05:23,838 --> 00:05:25,429 Let's sit down. 136 00:05:25,429 --> 00:05:26,842 Come on. 137 00:05:29,267 --> 00:05:30,835 You said that you passed out 138 00:05:30,835 --> 00:05:32,838 when somebody choked you from behind. 139 00:05:32,838 --> 00:05:35,206 What's the first thing that you remember 140 00:05:35,206 --> 00:05:36,607 when you woke up? 141 00:05:36,607 --> 00:05:40,311 I was on the ground, 142 00:05:40,311 --> 00:05:41,841 I was on my back... 143 00:05:41,841 --> 00:05:43,836 and he was on top of me. 144 00:05:43,836 --> 00:05:46,517 Did he say anything? 145 00:05:46,517 --> 00:05:48,837 What color was his hair? 146 00:05:48,837 --> 00:05:50,843 Brown. 147 00:05:50,843 --> 00:05:52,423 Straight? 148 00:05:52,423 --> 00:05:53,837 Kind of wavy. 149 00:05:53,837 --> 00:05:56,260 And did you see the color of his eyes? 150 00:05:58,429 --> 00:05:59,839 Dark, um... 151 00:05:59,839 --> 00:06:02,199 brown, I guess. 152 00:06:02,199 --> 00:06:03,601 Uh-huh. Okay, what else? 153 00:06:03,601 --> 00:06:07,305 Can you remember anything else about his face, anything at all? 154 00:06:07,305 --> 00:06:11,342 He had dark eyebrows. 155 00:06:11,342 --> 00:06:13,843 He was clean-shaven. 156 00:06:13,843 --> 00:06:16,347 He had a, uh... 157 00:06:16,347 --> 00:06:20,418 uh, a scar over his right eye. 158 00:06:20,418 --> 00:06:23,688 I think that I saw his car. 159 00:06:23,688 --> 00:06:25,456 After, he got into a white truck. 160 00:06:28,359 --> 00:06:30,294 Carrie, you remember. 161 00:06:30,294 --> 00:06:32,836 You know what he looks like. 162 00:06:32,836 --> 00:06:36,600 Now, all I need you to do is point him out. 163 00:06:36,600 --> 00:06:40,404 Can Bethany come with me? 164 00:06:40,404 --> 00:06:44,275 Sure. 165 00:06:44,275 --> 00:06:45,841 I'm going to talk to Bethany 166 00:06:45,841 --> 00:06:47,411 outside for a second. 167 00:06:47,411 --> 00:06:48,839 Can I get you anything? 168 00:06:48,839 --> 00:06:50,841 All right. 169 00:06:55,837 --> 00:06:57,455 Listen, Bethany, 170 00:06:57,455 --> 00:06:59,657 this case lives or dies by her ID. 171 00:06:59,657 --> 00:07:01,392 So, no helping, just emotional support? 172 00:07:01,392 --> 00:07:02,843 I'm a rape crisis counselor, Detective. 173 00:07:02,843 --> 00:07:04,228 I've done this before. 174 00:07:04,228 --> 00:07:05,529 Yeah, I know, 175 00:07:05,529 --> 00:07:07,264 I just really want to get this guy. 176 00:07:07,264 --> 00:07:08,399 She'll do it. 177 00:07:08,399 --> 00:07:09,835 She's stronger than she thinks. 178 00:07:21,746 --> 00:07:22,836 What if it's not him-- 179 00:07:22,836 --> 00:07:24,448 it means he's still out there? 180 00:07:24,448 --> 00:07:26,150 Don't think about it. Just do it. 181 00:07:26,150 --> 00:07:27,834 You want me to leave the room 182 00:07:27,834 --> 00:07:29,720 so you can tell her who to pick? 183 00:07:29,720 --> 00:07:30,836 Oh, give it a rest. 184 00:07:30,836 --> 00:07:32,838 Carrie, take your time. 185 00:07:43,300 --> 00:07:45,834 Carrie, do you recognize anyone? 186 00:07:48,339 --> 00:07:51,839 And what number is he holding? 187 00:07:56,447 --> 00:07:57,841 Three. 188 00:07:57,841 --> 00:08:00,651 And where do you recognize him from? 189 00:08:05,289 --> 00:08:07,658 He's the man who raped me. 190 00:08:13,431 --> 00:08:14,841 Okay, we're done. 191 00:08:14,841 --> 00:08:16,841 That's it. 192 00:08:18,840 --> 00:08:21,472 I thought you had four victims. 193 00:08:21,472 --> 00:08:22,843 I only need one ID. 194 00:08:22,843 --> 00:08:24,508 Not if it's wrong. 195 00:08:24,508 --> 00:08:26,840 My client lives in that woman's neighborhood. 196 00:08:26,840 --> 00:08:29,839 She could have seen him anywhere and gotten confused. 197 00:08:29,839 --> 00:08:31,315 It was a clean pick. 198 00:08:31,315 --> 00:08:33,250 And victims' memories are always accurate? 199 00:08:33,250 --> 00:08:34,585 They are when they're right. 200 00:08:34,585 --> 00:08:35,686 You've got three others. 201 00:08:35,686 --> 00:08:38,389 Why not bring them in for the line-up, too? 202 00:08:38,389 --> 00:08:40,558 Because you know they can't ID him. 203 00:08:40,558 --> 00:08:42,259 Jury's going to hear that. 204 00:08:46,363 --> 00:08:49,366 The suspect is being booked right now. 205 00:08:49,366 --> 00:08:50,801 Thank God. 206 00:08:50,801 --> 00:08:52,269 Okay, he will be arraigned, 207 00:08:52,269 --> 00:08:54,838 and then the case goes before the grand jury. 208 00:08:54,838 --> 00:08:56,774 Now, you'll all need to testify. 209 00:08:56,774 --> 00:08:57,837 Will he be there? 210 00:08:57,837 --> 00:08:59,577 No, but if the grand jury indicts, 211 00:08:59,577 --> 00:09:01,178 then we move to the trial phase. 212 00:09:01,178 --> 00:09:02,836 You'll all have to testify again, 213 00:09:02,836 --> 00:09:05,249 and in that case, he will be in the courtroom. 214 00:09:05,249 --> 00:09:06,838 Will he stay in jail the whole time? 215 00:09:06,838 --> 00:09:07,843 Well, that depends on 216 00:09:07,843 --> 00:09:09,587 if the judge decides to set bail, 217 00:09:09,587 --> 00:09:10,834 and if he can afford it. 218 00:09:10,834 --> 00:09:12,256 Why does he even get bail? 219 00:09:12,256 --> 00:09:13,657 He raped us. 220 00:09:13,657 --> 00:09:15,837 The law only allows remand in murder cases. 221 00:09:15,837 --> 00:09:17,194 He knows where I live. 222 00:09:17,194 --> 00:09:18,662 Where? Upper West Side. 223 00:09:18,662 --> 00:09:19,834 So do I. 224 00:09:19,834 --> 00:09:20,843 What's his address? 225 00:09:20,843 --> 00:09:22,840 I'm not allowed to give that to you. 226 00:09:22,840 --> 00:09:24,568 But he could have followed me. 227 00:09:24,568 --> 00:09:26,834 Even if he did, it's not in his best interest to seek you out. 228 00:09:26,834 --> 00:09:27,837 It wasn't in his best interest 229 00:09:27,837 --> 00:09:30,140 to rape us either, but that didn't stop him. 230 00:09:30,140 --> 00:09:31,709 The Assistant District Attorney 231 00:09:31,709 --> 00:09:33,841 can ask the judge for an order of protection. 232 00:09:33,841 --> 00:09:36,447 That means that if he harasses any one of you, 233 00:09:36,447 --> 00:09:38,148 he will face additional charges. 234 00:09:38,148 --> 00:09:39,383 However, if we tell him 235 00:09:39,383 --> 00:09:40,551 to stay away from you, 236 00:09:40,551 --> 00:09:42,520 then I'll have to give him your home 237 00:09:42,520 --> 00:09:43,721 and your work addresses. 238 00:09:43,721 --> 00:09:45,422 Even though you can't give us his? 239 00:09:45,422 --> 00:09:47,658 He has to know where he's not allowed to go. 240 00:09:49,193 --> 00:09:51,762 I want an order of protection. 241 00:09:57,840 --> 00:10:01,138 Yeah, okay, okay. 242 00:10:01,138 --> 00:10:02,606 Mr. Wonderful's a free man 243 00:10:02,606 --> 00:10:03,674 as of two hours ago. 244 00:10:03,674 --> 00:10:05,175 Made bail courtesy of the wife. 245 00:10:05,175 --> 00:10:06,277 On the positive side, 246 00:10:06,277 --> 00:10:07,841 the judge granted orders of protection 247 00:10:07,841 --> 00:10:09,346 for every victim. 248 00:10:09,346 --> 00:10:11,682 Well, on the negative side, I checked with the DMV. 249 00:10:11,682 --> 00:10:13,350 Gardner never registered a car here. 250 00:10:13,350 --> 00:10:14,652 Neither has his wife, 251 00:10:14,652 --> 00:10:16,620 and nobody's seen him driving a white truck. 252 00:10:16,620 --> 00:10:18,689 Well, now that we've got Carrie's positive ID, 253 00:10:18,689 --> 00:10:21,191 I want to take a closer look at the other three attacks. 254 00:10:21,191 --> 00:10:23,494 There's no apparent connection between the victims. 255 00:10:23,494 --> 00:10:24,840 These two lived on the Upper West, 256 00:10:24,840 --> 00:10:26,230 she lived in Midtown, Soho. 257 00:10:26,230 --> 00:10:27,698 Garner does like working outdoors. 258 00:10:27,698 --> 00:10:29,633 He caught two of them coming home from work-- 259 00:10:29,633 --> 00:10:32,336 one getting off the "N" train, the other getting out of a cab. 260 00:10:32,336 --> 00:10:34,839 These are pretty public places to do that kind of damage 261 00:10:34,839 --> 00:10:36,640 and not be seen by a single person. 262 00:10:36,640 --> 00:10:38,840 Maybe he did a little recon before the attacks. 263 00:10:38,840 --> 00:10:40,377 Sits on a place, makes sure 264 00:10:40,377 --> 00:10:41,843 that there's not a lot of traffic. 265 00:10:41,843 --> 00:10:43,841 All right, Carrie, I want you to calm down. 266 00:10:43,841 --> 00:10:45,215 I want you to stay there. 267 00:10:45,215 --> 00:10:46,842 Do not say anything. Do not approach him. 268 00:10:46,842 --> 00:10:48,218 Do you understand me? 269 00:10:48,218 --> 00:10:49,837 We'll be right there. 270 00:10:49,837 --> 00:10:51,755 That was Carrie Huitt. 271 00:10:51,755 --> 00:10:55,459 Gardner just followed her into a coffee shop. 272 00:10:59,363 --> 00:11:00,531 Hey, excuse me. 273 00:11:00,531 --> 00:11:02,166 Where is he? He left. 274 00:11:02,166 --> 00:11:04,134 I'll see if he's still around. 275 00:11:05,736 --> 00:11:07,404 Did he say anything? 276 00:11:07,404 --> 00:11:09,406 Um... um... 277 00:11:09,406 --> 00:11:10,608 He smiled. 278 00:11:10,608 --> 00:11:12,610 Um, he said hello, and... 279 00:11:12,610 --> 00:11:14,712 I-I don't even know how he knew that I was here. 280 00:11:14,712 --> 00:11:16,842 I just walked in here, and he's standing there in line. 281 00:11:16,842 --> 00:11:18,248 Wait a minute. 282 00:11:18,248 --> 00:11:20,351 He followed you in here, or he was here already? 283 00:11:20,351 --> 00:11:21,552 He was here. 284 00:11:21,552 --> 00:11:24,521 How did he know? 285 00:11:24,521 --> 00:11:25,689 It's not enough. 286 00:11:25,689 --> 00:11:26,835 Hold on, Alex. 287 00:11:26,835 --> 00:11:28,225 You think this is a coincidence? 288 00:11:28,225 --> 00:11:29,393 Probably not, 289 00:11:29,393 --> 00:11:30,840 but a judge won't call it a violation. 290 00:11:30,840 --> 00:11:33,697 Sheentered the establishment, so in essence, she followed him. 291 00:11:33,697 --> 00:11:34,836 STABLER: Gardner's got to know 292 00:11:34,836 --> 00:11:35,841 where Carrie lives. 293 00:11:35,841 --> 00:11:37,668 He attacked her in front of her own building. 294 00:11:37,668 --> 00:11:38,834 If he's stalking her, 295 00:11:38,834 --> 00:11:40,371 he's got to know where she gets her coffee. 296 00:11:40,371 --> 00:11:41,372 His lawyer will argue 297 00:11:41,372 --> 00:11:42,842 that they live in the same neighborhood. 298 00:11:42,842 --> 00:11:45,442 It's not implausible they would frequent the same places. 299 00:11:45,442 --> 00:11:46,510 Orders of protection 300 00:11:46,510 --> 00:11:47,511 are real helpful 301 00:11:47,511 --> 00:11:48,712 when you can't enforce them. 302 00:11:48,712 --> 00:11:49,837 Look, he didn't try anything, 303 00:11:49,837 --> 00:11:51,834 and there is the chance it was a coincidence. 304 00:11:51,834 --> 00:11:52,836 I doubt it. 305 00:11:52,836 --> 00:11:53,836 Gardner's meticulous. 306 00:11:53,836 --> 00:11:55,686 Everything he does is carefully planned. 307 00:11:55,686 --> 00:11:58,422 He strikes me as a power reassurance rapist. 308 00:11:58,422 --> 00:12:01,692 Perfect job, good looks, access 309 00:12:01,692 --> 00:12:03,160 to sex with his wife, but he rapes 310 00:12:03,160 --> 00:12:04,836 because he's insecure about his manhood. 311 00:12:04,836 --> 00:12:07,164 Cutting the breast of his victim is like marking her. 312 00:12:07,164 --> 00:12:09,299 In a sense, he owns her for the rest of her life. 313 00:12:09,299 --> 00:12:10,501 STABLER: So, he slugs Olivia 314 00:12:10,501 --> 00:12:12,236 because she took that power away. 315 00:12:12,236 --> 00:12:13,570 Right, and now he wants it back, 316 00:12:13,570 --> 00:12:15,838 and the way to get it is to instill fear in his victims. 317 00:12:15,838 --> 00:12:17,675 By intimidating them into not testifying. 318 00:12:17,675 --> 00:12:18,837 That, and he gets off on it. 319 00:12:18,837 --> 00:12:20,644 I don't suppose we can put the witnesses 320 00:12:20,644 --> 00:12:21,645 in protective custody? 321 00:12:21,645 --> 00:12:22,837 CRAGEN: There's no money. 322 00:12:22,837 --> 00:12:24,415 City's laying off cops, as it is. 323 00:12:24,415 --> 00:12:26,842 We don't have the manpower to sit on them all day either. 324 00:12:26,842 --> 00:12:28,585 All we can do is warn the victims 325 00:12:28,585 --> 00:12:30,421 and hope Gardner is feeling manly enough 326 00:12:30,421 --> 00:12:31,522 to stay away from them. 327 00:12:35,834 --> 00:12:37,841 STABLER: We can't be sure Gardner will do anything. 328 00:12:37,841 --> 00:12:40,464 This is more of a precaution than trying to scare you. 329 00:12:40,464 --> 00:12:41,665 Yeah, like terror alerts. 330 00:12:41,665 --> 00:12:42,834 BOY: Mommy? 331 00:12:42,834 --> 00:12:43,842 Uh... 332 00:12:43,842 --> 00:12:45,842 Stay inside, Brendan. 333 00:12:47,204 --> 00:12:48,338 I'm hungry now. 334 00:12:48,338 --> 00:12:49,573 I know, honey. You know what? 335 00:12:49,573 --> 00:12:51,475 We're going to have dinner in just a second. 336 00:12:51,475 --> 00:12:52,776 Why don't you go back inside? 337 00:12:52,776 --> 00:12:53,835 I'll be right there. 338 00:12:53,835 --> 00:12:55,579 BENSON: Is there anyplace that you can go? 339 00:12:55,579 --> 00:12:56,580 A friend or a relative 340 00:12:56,580 --> 00:12:58,282 that you could stay with until the trial? 341 00:12:58,282 --> 00:12:59,349 What am I supposed to do? 342 00:12:59,349 --> 00:13:00,350 Pull him out of school? 343 00:13:00,350 --> 00:13:01,685 Look, I don't have any family, 344 00:13:01,685 --> 00:13:03,787 and my friends can't put up me and a little boy. 345 00:13:03,787 --> 00:13:05,155 Maybe I should just quit my job 346 00:13:05,155 --> 00:13:06,724 and lock myself in my house all day. 347 00:13:06,724 --> 00:13:08,358 BENSON: I know that this is difficult. 348 00:13:08,358 --> 00:13:09,793 You know nothing. 349 00:13:13,834 --> 00:13:15,799 Can't blame her for being angry. 350 00:13:15,799 --> 00:13:17,434 Our job is to protect her. 351 00:13:17,434 --> 00:13:18,769 We can't even do that. 352 00:13:22,339 --> 00:13:24,308 BENSON: Son of a bitch. 353 00:13:30,414 --> 00:13:31,749 Police, Gardner. Get up. 354 00:13:31,749 --> 00:13:32,837 What's wrong? 355 00:13:32,837 --> 00:13:34,418 Let's see your hands. What's wrong? 356 00:13:34,418 --> 00:13:35,836 Up against the car. 357 00:13:35,836 --> 00:13:37,421 You are under arrest. 358 00:13:37,421 --> 00:13:39,456 Why are you harassing me? I didn't do anything. 359 00:13:39,456 --> 00:13:41,291 Violating an order of protection, you moron. 360 00:13:41,291 --> 00:13:43,840 You just bought yourself a cell in Rikers. 361 00:13:43,840 --> 00:13:45,229 Let's go. 362 00:13:45,229 --> 00:13:47,264 (puppy yelping) 363 00:14:00,615 --> 00:14:02,751 Docket ending 6221, People versus Michael Gardner. 364 00:14:02,751 --> 00:14:04,519 Intimidating a victim in the third degree, 365 00:14:04,519 --> 00:14:06,131 menacing in the second degree, stalking 366 00:14:06,131 --> 00:14:08,829 in the fourth degree. 367 00:14:08,829 --> 00:14:10,264 JUDGE COHEN: Your lawyer 368 00:14:10,264 --> 00:14:11,436 running late, Mr. Gardner? 369 00:14:11,436 --> 00:14:12,767 I fired my attorney, Your Honor. 370 00:14:12,767 --> 00:14:14,335 I'm representing myself. 371 00:14:14,335 --> 00:14:15,836 Oh... that's wonderful. 372 00:14:15,836 --> 00:14:17,436 Approach. 373 00:14:17,436 --> 00:14:18,939 Your Honor, Mr. Gardner is currently 374 00:14:18,939 --> 00:14:20,439 under indictment for multiple rapes. 375 00:14:20,439 --> 00:14:23,043 This is simply another way for him to torture his victims. 376 00:14:23,043 --> 00:14:24,439 I have the right to defend myself. 377 00:14:24,439 --> 00:14:25,980 JUDGE COHEN: Only if you understand 378 00:14:25,980 --> 00:14:27,443 the implications of your decision. 379 00:14:27,443 --> 00:14:29,438 You'll be held to the same standards 380 00:14:29,438 --> 00:14:30,443 as any attorney. 381 00:14:30,443 --> 00:14:31,819 I understand. 382 00:14:31,819 --> 00:14:33,187 I'll grant your pro se request 383 00:14:33,187 --> 00:14:34,255 for these proceedings. 384 00:14:34,255 --> 00:14:36,357 Now, as far as the rape indictments goes, 385 00:14:36,357 --> 00:14:38,793 you'll have to take it up with the trial judge. 386 00:14:38,793 --> 00:14:41,762 All right, step back. 387 00:14:41,762 --> 00:14:43,444 Now as to the charges on the table, 388 00:14:43,444 --> 00:14:45,437 how does the defendant plead? 389 00:14:45,437 --> 00:14:47,835 Not guilty. 390 00:14:47,835 --> 00:14:48,869 Let's hear arguments. 391 00:14:48,869 --> 00:14:49,937 CABOT: The defendant is 392 00:14:49,937 --> 00:14:50,971 under orders of protection 393 00:14:50,971 --> 00:14:52,438 against four women he's accused of raping. 394 00:14:52,438 --> 00:14:53,444 He violated these orders 395 00:14:53,444 --> 00:14:56,010 by approaching one victim in a coffee shop and hiding out 396 00:14:56,010 --> 00:14:57,438 in front of another victim's home. 397 00:14:57,438 --> 00:14:59,180 I wasn't hiding. I was walking my dog. 398 00:14:59,180 --> 00:15:00,347 One coincidence I can buy. 399 00:15:00,347 --> 00:15:01,440 Two are stalking. 400 00:15:01,440 --> 00:15:03,150 I don't know what she's talking about. 401 00:15:03,150 --> 00:15:04,251 I was buying coffee. 402 00:15:04,251 --> 00:15:06,120 If someone saw me in that shop, I didn't see them. 403 00:15:06,120 --> 00:15:07,438 What contact did the defendant have 404 00:15:07,438 --> 00:15:08,442 with the second woman? 405 00:15:08,442 --> 00:15:10,391 None. The detectives arrested him 406 00:15:10,391 --> 00:15:11,792 in order to prevent that. 407 00:15:11,792 --> 00:15:14,161 So, how did I violate any order? 408 00:15:14,161 --> 00:15:17,131 Unless the People have something else to give me, you didn't. 409 00:15:17,131 --> 00:15:18,445 Your Honor, this is the defendant's MO. 410 00:15:18,445 --> 00:15:20,440 He delights in continually victimizing women 411 00:15:20,440 --> 00:15:21,440 he's already raped. 412 00:15:21,440 --> 00:15:23,137 Then next time, bring me evidence 413 00:15:23,137 --> 00:15:24,437 that supports your theory. 414 00:15:24,437 --> 00:15:27,439 I'm dismissing all complaints as facially insufficient. 415 00:15:27,439 --> 00:15:28,442 Next case. 416 00:15:28,442 --> 00:15:29,777 (bangs gavel) 417 00:15:35,082 --> 00:15:36,250 Gardner's repping himself 418 00:15:36,250 --> 00:15:37,351 at his rape trial, too? 419 00:15:37,351 --> 00:15:38,352 Yes. 420 00:15:38,352 --> 00:15:39,787 Judge Preston granted his request. 421 00:15:39,787 --> 00:15:41,443 She appointed Russ as his stand-by counsel. 422 00:15:41,443 --> 00:15:42,923 How can Preston allow that? 423 00:15:42,923 --> 00:15:44,892 There's not much she can do to prevent it. 424 00:15:44,892 --> 00:15:46,994 Normally, I would consider this a win, but... 425 00:15:46,994 --> 00:15:48,439 But Gardner just handed you your ass 426 00:15:48,439 --> 00:15:49,444 in arraignment? 427 00:15:49,444 --> 00:15:51,436 Yeah, I was hoping the judge would see 428 00:15:51,436 --> 00:15:53,200 that this was in no way a coincidence. 429 00:15:53,200 --> 00:15:54,439 STABLER: Gardner didn't attack 430 00:15:54,439 --> 00:15:55,936 Karen Leighton near her home. 431 00:15:55,936 --> 00:15:58,205 He got her address from the order of protection. 432 00:15:58,205 --> 00:15:59,445 I mean, we try to protect them, 433 00:15:59,445 --> 00:16:01,442 and then, we end up giving the guy a map 434 00:16:01,442 --> 00:16:02,445 to find his victims. 435 00:16:02,445 --> 00:16:04,979 I mean, next time we should just drive him there. 436 00:16:04,979 --> 00:16:06,443 FIN: Judge granted the bastard bail. 437 00:16:06,443 --> 00:16:08,816 Orders of protection were the best we could do. 438 00:16:08,816 --> 00:16:11,218 We get anything useful from Gardner's associates? 439 00:16:11,218 --> 00:16:12,440 MUNCH: I spoke to his wife, 440 00:16:12,440 --> 00:16:13,888 his business partner, neighbors. 441 00:16:13,888 --> 00:16:15,445 Same story-- great guy, never a harsh word, 442 00:16:15,445 --> 00:16:16,445 couldn't have done it. 443 00:16:16,445 --> 00:16:18,392 STABLER: So who gets to tell the victims 444 00:16:18,392 --> 00:16:21,061 their rapist gets another crack at them in court? 445 00:16:21,061 --> 00:16:22,229 I will do it. 446 00:16:22,229 --> 00:16:23,439 MAN: Alexandra Cabot? 447 00:16:23,439 --> 00:16:25,866 Yeah, that's me. 448 00:16:25,866 --> 00:16:27,868 Your office said I'd find you here. 449 00:16:30,444 --> 00:16:32,445 Now what? 450 00:16:32,445 --> 00:16:34,436 Gardner's hitting the ground running. 451 00:16:34,436 --> 00:16:36,911 Motion to sever the charges. 452 00:16:40,247 --> 00:16:42,249 GARDNER: In three of the four cases, 453 00:16:42,249 --> 00:16:44,318 police found no evidence implicating me. 454 00:16:44,318 --> 00:16:46,887 CABOT: Article 200, section 20 of the CPL states 455 00:16:46,887 --> 00:16:48,188 that offenses are joinable 456 00:16:48,188 --> 00:16:50,958 when proof of one is material as evidence of the others. 457 00:16:50,958 --> 00:16:52,393 I'm saying you have no proof. 458 00:16:52,393 --> 00:16:54,436 A positive identification by Carrie Huitt, 459 00:16:54,436 --> 00:16:56,764 and your fingerprint at the scene of the rape. 460 00:16:56,764 --> 00:16:58,436 Do the People have any other evidence, 461 00:16:58,436 --> 00:17:00,067 other than the pattern of the attacks 462 00:17:00,067 --> 00:17:01,969 to support the joinder of the indictments? 463 00:17:01,969 --> 00:17:03,337 We don't need any, Your Honor. 464 00:17:03,337 --> 00:17:04,440 People v. West. 465 00:17:04,440 --> 00:17:07,274 When the MO is sufficiently unique, multiple crimes 466 00:17:07,274 --> 00:17:09,043 can be charged under one indictment. 467 00:17:09,043 --> 00:17:11,178 The pattern in all four rapes is identical. 468 00:17:11,178 --> 00:17:13,438 Uh, forgive me, Your Honor. 469 00:17:13,438 --> 00:17:15,983 I'm not as well versed as Miss Cabot. 470 00:17:17,084 --> 00:17:19,887 Uh,People versus Sable. 471 00:17:19,887 --> 00:17:21,436 "When there is substantially more proof 472 00:17:21,436 --> 00:17:22,756 "on one offense than the others, 473 00:17:22,756 --> 00:17:24,091 "there is a substantial likelihood 474 00:17:24,091 --> 00:17:25,292 "that the jury will be unable 475 00:17:25,292 --> 00:17:26,442 "to consider separately the proof 476 00:17:26,442 --> 00:17:27,962 as it relates to each offense." 477 00:17:27,962 --> 00:17:29,442 I believe that means the jury's decision 478 00:17:29,442 --> 00:17:30,445 on the first three victims 479 00:17:30,445 --> 00:17:32,439 would be unfairly influenced by the fourth. 480 00:17:32,439 --> 00:17:34,768 That's right on the money, Mr. Gardner. 481 00:17:34,768 --> 00:17:36,437 It's called "bootstrapping." 482 00:17:36,437 --> 00:17:37,871 I'm severing all counts. 483 00:17:37,871 --> 00:17:39,206 Your Honor, the particularly 484 00:17:39,206 --> 00:17:40,908 heinous nature of the crime makes... 485 00:17:40,908 --> 00:17:43,310 Would serve to only further prejudice the jury. 486 00:17:43,310 --> 00:17:44,438 That's it, Miss Cabot. 487 00:17:44,438 --> 00:17:46,280 GARDNER: Uh, then I'd like to make a motion 488 00:17:46,280 --> 00:17:48,440 to dismiss all charges based on lack of evidence. 489 00:17:48,440 --> 00:17:49,440 I think the evidence 490 00:17:49,440 --> 00:17:51,444 against Mr. Gardner has been amply established. 491 00:17:51,444 --> 00:17:53,444 JUDGE PRESTON: For the fourth victim it has. 492 00:17:53,444 --> 00:17:55,089 For the others, not even close. 493 00:17:55,089 --> 00:17:56,290 The indictments 494 00:17:56,290 --> 00:17:58,792 for victims one through three are hereby dismissed. 495 00:17:58,792 --> 00:18:01,443 Any other business we need to deal with? 496 00:18:01,443 --> 00:18:03,130 Good. 497 00:18:03,130 --> 00:18:04,765 Opening statements at 9:00 a.m. tomorrow. 498 00:18:04,765 --> 00:18:05,766 (bangs gavel) 499 00:18:05,766 --> 00:18:06,767 We're adjourned. 500 00:18:11,071 --> 00:18:12,840 Unless this guy passed the bar overnight, 501 00:18:12,840 --> 00:18:14,437 Erin Russ is giving him a lot of help. 502 00:18:14,437 --> 00:18:15,439 Don't worry. 503 00:18:15,439 --> 00:18:17,437 We'll still nail him with Carrie's testimony. 504 00:18:17,437 --> 00:18:19,079 Well, not if she won't give it. 505 00:18:19,079 --> 00:18:21,215 I just got a message from Bethany Taylor. 506 00:18:21,215 --> 00:18:24,218 Carrie says she can't face her rapist again. 507 00:18:26,120 --> 00:18:28,443 I'm really sorry. 508 00:18:28,443 --> 00:18:30,445 Could you tell me why you changed your mind? 509 00:18:30,445 --> 00:18:33,127 You know why. 510 00:18:33,127 --> 00:18:34,436 I don't want to talk to him. 511 00:18:34,436 --> 00:18:35,442 I don't want to hear him. 512 00:18:35,442 --> 00:18:37,438 You know, I have to get on with my life. 513 00:18:37,438 --> 00:18:39,033 I can't keep going back to this. 514 00:18:39,033 --> 00:18:41,436 Carrie, how are you going to get on with your life 515 00:18:41,436 --> 00:18:43,436 knowing that Gardner got away with it? 516 00:18:43,436 --> 00:18:44,938 It's not my fault. 517 00:18:44,938 --> 00:18:46,106 It's not my responsibility. 518 00:18:46,106 --> 00:18:47,274 That's right. 519 00:18:47,274 --> 00:18:50,811 You're only responsible for yourself. 520 00:18:50,811 --> 00:18:52,980 Did you discuss some 521 00:18:52,980 --> 00:18:55,049 of the positive things that could come out 522 00:18:55,049 --> 00:18:57,184 of a victim testifying against her rapist? 523 00:18:58,218 --> 00:18:59,436 It's often empowering. 524 00:18:59,436 --> 00:19:01,255 The attack was out of your control, 525 00:19:01,255 --> 00:19:03,436 but in court, you have complete control. 526 00:19:03,436 --> 00:19:06,439 And even though Gardner is doing the questioning, 527 00:19:06,439 --> 00:19:08,162 he is bound by the rules of the court. 528 00:19:08,162 --> 00:19:10,330 All that you're bound by... is the truth. 529 00:19:10,330 --> 00:19:12,436 I just want... 530 00:19:12,436 --> 00:19:14,034 I just want to get over it. 531 00:19:14,034 --> 00:19:15,903 When am I going to get over it? 532 00:19:15,903 --> 00:19:18,906 BENSON: Carrie... I have 533 00:19:18,906 --> 00:19:20,439 never known a single victim 534 00:19:20,439 --> 00:19:23,043 who regretted testifying against her rapist, 535 00:19:23,043 --> 00:19:24,442 no matter how hard it was, 536 00:19:24,442 --> 00:19:27,436 but I have known plenty that wish that they had, 537 00:19:27,436 --> 00:19:29,950 and by then, it was too late. 538 00:19:37,324 --> 00:19:39,440 HUITT: And he kept, uh, 539 00:19:39,440 --> 00:19:41,441 running his hand through my hair, 540 00:19:41,441 --> 00:19:43,997 uh, almost gentle. 541 00:19:43,997 --> 00:19:45,999 And... 542 00:19:48,436 --> 00:19:51,338 That's when I opened my eyes a little. 543 00:19:51,338 --> 00:19:52,440 And you saw his face? 544 00:19:52,440 --> 00:19:54,441 Yes. 545 00:19:54,441 --> 00:19:56,445 Miss Huitt, do you see the man who attacked you 546 00:19:56,445 --> 00:19:58,011 in the courtroom here today? 547 00:19:59,046 --> 00:20:01,281 Yes. 548 00:20:01,281 --> 00:20:02,444 There. 549 00:20:02,444 --> 00:20:03,851 Let the record reflect 550 00:20:03,851 --> 00:20:06,444 the witness has identified the defendant, Michael Gardner. 551 00:20:06,444 --> 00:20:08,444 Thank you, Carrie. 552 00:20:13,060 --> 00:20:15,162 Uh, Miss Huitt... 553 00:20:17,164 --> 00:20:21,101 you testified that your attacker choked you 554 00:20:21,101 --> 00:20:22,436 until you passed out. 555 00:20:22,436 --> 00:20:24,304 Yes. 556 00:20:24,304 --> 00:20:26,140 You tied a cord around my neck. 557 00:20:26,140 --> 00:20:28,976 But your attacker was standing behind you, so... 558 00:20:28,976 --> 00:20:31,345 You didn't see him then? 559 00:20:31,345 --> 00:20:33,439 I saw you later. 560 00:20:33,439 --> 00:20:36,884 Yeah, when you woke up. 561 00:20:36,884 --> 00:20:39,153 And you testified that... 562 00:20:39,153 --> 00:20:41,755 your attacker sexually assaulted you? 563 00:20:43,440 --> 00:20:46,439 You forced your penis 564 00:20:46,439 --> 00:20:48,441 into my vagina. 565 00:20:50,130 --> 00:20:51,331 GARDNER: And when 566 00:20:51,331 --> 00:20:53,445 you opened your eyes... uh, a little, 567 00:20:53,445 --> 00:20:56,442 did your attacker see that? 568 00:20:56,442 --> 00:20:58,806 You weren't paying attention. 569 00:21:00,307 --> 00:21:02,436 How close was he to you? 570 00:21:04,278 --> 00:21:06,442 You were six inches away from my face. 571 00:21:06,442 --> 00:21:09,183 And he didn't notice you were awake? 572 00:21:09,183 --> 00:21:12,986 Isn't that strange if he was so close? 573 00:21:12,986 --> 00:21:15,055 Is it possible he was farther away? 574 00:21:15,055 --> 00:21:16,441 Objection. He can ask the same question 575 00:21:16,441 --> 00:21:18,442 20 different ways, and her answer will be the same. 576 00:21:18,442 --> 00:21:21,261 Move on, Mr. Gardner. 577 00:21:22,296 --> 00:21:23,436 (clears throat) 578 00:21:23,436 --> 00:21:25,265 The night you saw me at the police station, 579 00:21:25,265 --> 00:21:26,438 was anyone with you? 580 00:21:26,438 --> 00:21:27,768 Yes. 581 00:21:27,768 --> 00:21:31,271 Um... a counselor from the Rape Crisis Center. 582 00:21:31,271 --> 00:21:32,739 Bethany Taylor. 583 00:21:32,739 --> 00:21:36,436 Did-did you talk to her that night? 584 00:21:36,436 --> 00:21:37,911 Yes. 585 00:21:37,911 --> 00:21:39,443 What about? 586 00:21:39,443 --> 00:21:41,081 Objection. Communications between 587 00:21:41,081 --> 00:21:43,437 a rape crisis counselor and a victim are privileged. 588 00:21:43,437 --> 00:21:45,285 Sustained. 589 00:21:45,285 --> 00:21:48,755 Uh, I have no other questions. 590 00:21:55,162 --> 00:21:57,197 BENSON: Once the fingerprint came back, 591 00:21:57,197 --> 00:21:59,766 we apprehended the defendant outside of his home. 592 00:21:59,766 --> 00:22:01,443 I advised him of his Miranda rights, 593 00:22:01,443 --> 00:22:04,004 Detective Stabler and Tutuola questioned him, 594 00:22:04,004 --> 00:22:05,436 with his attorney present, 595 00:22:05,436 --> 00:22:07,442 and Carrie Huitt positively identified him 596 00:22:07,442 --> 00:22:10,043 as the man who had raped her the night before. 597 00:22:10,043 --> 00:22:11,436 Thank you, Detective. 598 00:22:13,247 --> 00:22:15,749 Why didn't you question me, Detective Benson? 599 00:22:15,749 --> 00:22:19,920 I was preparing your victim for the line-up. 600 00:22:19,920 --> 00:22:22,439 So it wasn't because I punched you earlier that night? 601 00:22:22,439 --> 00:22:23,857 CABOT: Objection. Relevance? 602 00:22:23,857 --> 00:22:25,445 I'm trying to ascertain whether the detective 603 00:22:25,445 --> 00:22:28,128 has a personal stake in my arrest and prosecution. 604 00:22:28,128 --> 00:22:30,397 I'll allow it. 605 00:22:30,397 --> 00:22:32,833 I have no personal stake in you. 606 00:22:32,833 --> 00:22:34,436 You weren't mad at me? 607 00:22:34,436 --> 00:22:37,037 Or, uh, embarrassed that I eluded your grasp 608 00:22:37,037 --> 00:22:38,772 in front of your colleagues? 609 00:22:38,772 --> 00:22:40,908 It's not uncommon for a perpetrator 610 00:22:40,908 --> 00:22:42,444 to lose control of himself, 611 00:22:42,444 --> 00:22:45,441 and I have certainly been hit much harder. 612 00:22:48,436 --> 00:22:51,436 When Detective Tutuola took me into the line-up room, 613 00:22:51,436 --> 00:22:53,854 I saw you in the corridor of your precinct. 614 00:22:53,854 --> 00:22:55,255 Who were you talking to? 615 00:22:55,255 --> 00:22:56,757 Bethany Taylor. 616 00:22:56,757 --> 00:22:59,393 The rape crisis counselor. 617 00:22:59,393 --> 00:23:02,262 What were you talking about? 618 00:23:02,262 --> 00:23:03,445 CABOT: Objection. 619 00:23:03,445 --> 00:23:04,998 I think we've already established 620 00:23:04,998 --> 00:23:06,440 counselor communications are privileged. 621 00:23:06,440 --> 00:23:10,437 Actually, only communications with thevictimare privileged. 622 00:23:10,437 --> 00:23:12,105 Not with law enforcement. 623 00:23:12,105 --> 00:23:13,437 Your objection's overruled. 624 00:23:13,437 --> 00:23:15,242 The witness may answer the question. 625 00:23:15,242 --> 00:23:16,445 I was advising Miss Taylor 626 00:23:16,445 --> 00:23:18,444 not to interfere with the line-up, 627 00:23:18,444 --> 00:23:20,948 so that it would be fair and impartial. 628 00:23:20,948 --> 00:23:22,916 I saw you looking at me... 629 00:23:22,916 --> 00:23:24,918 in that corridor, correct? 630 00:23:24,918 --> 00:23:26,436 Yes. 631 00:23:26,436 --> 00:23:29,289 I also saw Miss Taylor look at me. 632 00:23:29,289 --> 00:23:32,192 Oh... you'll have to ask her. 633 00:23:32,192 --> 00:23:36,437 Where did she go after she finished talking to you? 634 00:23:37,438 --> 00:23:39,166 Into the interview room. 635 00:23:39,166 --> 00:23:41,935 And who else was in that interview room? 636 00:23:43,904 --> 00:23:45,436 Carrie Huitt. 637 00:23:45,436 --> 00:23:46,807 So... 638 00:23:46,807 --> 00:23:49,242 the sequence of events goes like this: 639 00:23:49,242 --> 00:23:51,745 Bethany Taylor talked to you, 640 00:23:51,745 --> 00:23:53,438 then saw me in handcuffs. 641 00:23:53,438 --> 00:23:56,436 After that, she talked to the victim alone. 642 00:23:56,436 --> 00:23:58,439 And only then, after all this talking, 643 00:23:58,439 --> 00:24:00,087 did the victim identify me. 644 00:24:00,087 --> 00:24:01,254 Objection. 645 00:24:01,254 --> 00:24:03,256 That's okay. I'm done. 646 00:24:06,960 --> 00:24:07,995 This is crap, Alex. Yeah? 647 00:24:07,995 --> 00:24:09,763 'Cause it looks to me like Michael Gardner 648 00:24:09,763 --> 00:24:12,032 making a really good case for tainted identification. 649 00:24:12,032 --> 00:24:14,101 I wish you'd told me about this, Olivia. Hold on. 650 00:24:14,101 --> 00:24:15,441 That line-up was not tainted. 651 00:24:15,441 --> 00:24:16,903 How do you know? 652 00:24:16,903 --> 00:24:18,905 What could a rape counselor possibly gain 653 00:24:18,905 --> 00:24:20,907 from helping a victim make a false ID? 654 00:24:20,907 --> 00:24:22,342 It doesn't matter what happens, 655 00:24:22,342 --> 00:24:24,244 only what appears to have happened. Oh... 656 00:24:24,244 --> 00:24:28,248 If the Judge tosses this ID, this case is screwed. 657 00:24:28,248 --> 00:24:29,444 Bethany, what's up? 658 00:24:29,444 --> 00:24:34,254 I just got subpoenaed to testify on Michael Gardner's behalf. 659 00:24:35,436 --> 00:24:37,436 (scoffs) 660 00:24:37,436 --> 00:24:38,925 This isn't up for debate, Your Honor. 661 00:24:38,925 --> 00:24:40,439 The law clearly states a rape counselor 662 00:24:40,439 --> 00:24:42,438 cannot disclose unless the victim authorizes it, 663 00:24:42,438 --> 00:24:44,264 or reveals intent to commit a harmful act. 664 00:24:44,264 --> 00:24:46,767 Well, it's my understanding I have a right to due process. 665 00:24:46,767 --> 00:24:47,768 How can I defend myself 666 00:24:47,768 --> 00:24:49,441 if I don't know all the evidence against me? 667 00:24:49,441 --> 00:24:51,138 The counselor's records and testimony 668 00:24:51,138 --> 00:24:52,438 were never in evidence. Exactly. 669 00:24:52,438 --> 00:24:54,041 So no one really knows what was said. 670 00:24:54,041 --> 00:24:56,309 And you can't go on a fishing expedition to find out. 671 00:24:56,309 --> 00:24:58,436 People v. Peñaheld that the defendant cannot go 672 00:24:58,436 --> 00:25:00,814 on a roving tour through somebody's personal information 673 00:25:00,814 --> 00:25:01,915 without a stated purpose. 674 00:25:01,915 --> 00:25:03,350 Well, I have a very specific purpose. 675 00:25:03,350 --> 00:25:04,439 She saw me before the line-up, 676 00:25:04,439 --> 00:25:06,436 then had a private conversation with the victim. 677 00:25:06,436 --> 00:25:08,755 I have a right to know if she told her what I looked like, 678 00:25:08,755 --> 00:25:10,090 or what I was wearing. 679 00:25:10,090 --> 00:25:11,436 All right. 680 00:25:11,436 --> 00:25:13,442 I'll question Miss Taylor in chambers. 681 00:25:13,442 --> 00:25:15,444 If I feel her testimony is material 682 00:25:15,444 --> 00:25:18,439 to Mr. Gardner's defense, the jury will hear it. 683 00:25:21,768 --> 00:25:22,936 How'd it go? 684 00:25:22,936 --> 00:25:24,436 Great. Didn't say a thing. 685 00:25:24,436 --> 00:25:26,073 What do you mean you didn't say a thing? 686 00:25:26,073 --> 00:25:28,075 You're under subpoena. You don't have a choice. 687 00:25:28,075 --> 00:25:29,109 Yeah, I do. 688 00:25:29,109 --> 00:25:31,178 Bethany, this isn't going to help anybody. 689 00:25:31,178 --> 00:25:32,441 Detective Benson, I need you 690 00:25:32,441 --> 00:25:34,915 to take Miss Taylor into custody for contempt. 691 00:25:34,915 --> 00:25:37,384 Wait, Judge, there's got to be another... 692 00:25:37,384 --> 00:25:41,436 Either you do it... or I'll get someone else to. 693 00:25:43,441 --> 00:25:45,436 Let's go. 694 00:25:53,170 --> 00:25:54,171 Save it. 695 00:25:54,171 --> 00:25:55,535 CABOT: Nothing good 696 00:25:55,535 --> 00:25:57,308 is going to come from this, Bethany. 697 00:25:57,308 --> 00:25:58,532 I won't break privilege. 698 00:25:58,532 --> 00:26:00,311 Well, it's going to be broken with or without you. 699 00:26:00,311 --> 00:26:01,536 Judge Preston has made her decision. 700 00:26:01,536 --> 00:26:03,037 She wants to hear your testimony. 701 00:26:03,037 --> 00:26:04,778 I won't give it. End of story. 702 00:26:04,778 --> 00:26:05,979 Well, did you tell Carrie 703 00:26:05,979 --> 00:26:08,029 what Gardner looked like before the line-up? 704 00:26:08,029 --> 00:26:10,031 You know I didn't. Then what does it matter? 705 00:26:10,031 --> 00:26:11,785 Tell Preston what you talked about, 706 00:26:11,785 --> 00:26:13,721 she'll find it immaterial to the defense, 707 00:26:13,721 --> 00:26:15,723 and then no one else has to hear about it. 708 00:26:15,723 --> 00:26:17,032 Then the precedent is set. 709 00:26:17,032 --> 00:26:19,893 And every subsequent rape survivor gets to wonder 710 00:26:19,893 --> 00:26:21,032 "Can I talk about this, 711 00:26:21,032 --> 00:26:23,964 or will everything I say be broadcast on Court TV?" 712 00:26:23,964 --> 00:26:25,031 No one will trust us 713 00:26:25,031 --> 00:26:26,967 and no one will report the crimes. 714 00:26:26,967 --> 00:26:28,602 CABOT: So what's your plan? 715 00:26:28,602 --> 00:26:31,029 To spend the rest of your life in here? 716 00:26:31,029 --> 00:26:32,339 I brought my toothbrush. 717 00:26:32,339 --> 00:26:33,407 I'll do the bid. 718 00:26:33,407 --> 00:26:34,475 Well, that's fine. 719 00:26:34,475 --> 00:26:35,843 But in the meantime, 720 00:26:35,843 --> 00:26:38,037 this case goes down as a mistrial or an acquittal, 721 00:26:38,037 --> 00:26:39,613 and Michael Gardner walks. 722 00:26:40,647 --> 00:26:44,351 What if the victim waives privilege? 723 00:26:44,351 --> 00:26:46,453 I think Judge Preston will go for it. 724 00:26:46,453 --> 00:26:49,356 Then privilege is intact, and no precedent is set. 725 00:26:49,356 --> 00:26:51,036 You would put this on Carrie? 726 00:26:51,036 --> 00:26:54,495 Do you have any idea how damaging this could be? 727 00:26:54,495 --> 00:26:56,330 Bethany, what else do you want me to do? 728 00:26:56,330 --> 00:26:57,664 Not that. 729 00:26:57,664 --> 00:26:59,028 I mean it. 730 00:26:59,028 --> 00:27:01,028 She can't handle it. 731 00:27:01,028 --> 00:27:04,033 You're supposed to help the victims. 732 00:27:04,033 --> 00:27:06,640 Do your job. 733 00:27:11,612 --> 00:27:14,448 BENSON: You heard what happenedwith Bethany? 734 00:27:14,448 --> 00:27:17,351 Mm-hmm. 735 00:27:17,351 --> 00:27:20,521 Carrie, I, um... 736 00:27:20,521 --> 00:27:23,824 I'm asking you to waive your right to privacy 737 00:27:23,824 --> 00:27:28,036 so that Bethany can testify about her conversation with you. 738 00:27:31,037 --> 00:27:34,334 You're not wearing your engagement ring. 739 00:27:34,334 --> 00:27:38,028 Yeah, that was my decision. 740 00:27:38,028 --> 00:27:40,507 I didn't want Eric to have to wait around 741 00:27:40,507 --> 00:27:42,342 for me to get back to normal. 742 00:27:42,342 --> 00:27:46,028 I couldn't have sex without crying. 743 00:27:46,028 --> 00:27:48,515 I love him, but I'm never going to be back to normal. 744 00:27:48,515 --> 00:27:49,850 Carrie, I really don't think 745 00:27:49,850 --> 00:27:51,451 that this is the right time 746 00:27:51,451 --> 00:27:53,654 to be making these kind of decisions. 747 00:27:53,654 --> 00:27:54,988 When is the right time? 748 00:27:56,028 --> 00:27:57,035 You're all sitting around 749 00:27:57,035 --> 00:28:00,028 waiting for me to shake this off and get back to normal. 750 00:28:00,028 --> 00:28:03,028 (chuckles softly) 751 00:28:05,028 --> 00:28:07,028 (exhales) 752 00:28:08,836 --> 00:28:12,028 You have no idea. 753 00:28:12,028 --> 00:28:16,343 I can't sleep more than 20 minutes a night. 754 00:28:17,845 --> 00:28:19,780 (sniffles) 755 00:28:19,780 --> 00:28:21,515 I hate to be alone 756 00:28:21,515 --> 00:28:24,351 but God, I hate to be around people more. 757 00:28:24,351 --> 00:28:26,954 And I am so afraid to walk outside. 758 00:28:26,954 --> 00:28:29,029 Or-or be in a crowded place 759 00:28:29,029 --> 00:28:31,692 because, you know, I might see him. 760 00:28:34,033 --> 00:28:36,396 And all I can think to myself 761 00:28:36,396 --> 00:28:40,868 is it would have been so much better if he'd just killed me. 762 00:28:42,903 --> 00:28:46,673 So, uh, that's what I talked to Bethany about. 763 00:28:46,673 --> 00:28:48,037 Because she told me 764 00:28:48,037 --> 00:28:50,644 that I could say anything to her, 765 00:28:50,644 --> 00:28:52,713 and no one would ever know. 766 00:28:58,028 --> 00:29:01,855 Nothing that I do will ever change what happened to you. 767 00:29:01,855 --> 00:29:05,859 I can only try to prevent it from happening again, 768 00:29:05,859 --> 00:29:08,929 except everything that I have done has failed. 769 00:29:08,929 --> 00:29:12,432 I'm not going to pretend that this is a good thing. 770 00:29:12,432 --> 00:29:14,501 Or that this is a fair thing. 771 00:29:14,501 --> 00:29:18,839 But I have to ask you for your help. 772 00:29:18,839 --> 00:29:22,028 Because... 773 00:29:22,028 --> 00:29:25,033 you are our last chance. 774 00:29:30,684 --> 00:29:33,030 CARRIE: I hate to see you in here. 775 00:29:33,030 --> 00:29:34,688 Don't worry about me. 776 00:29:34,688 --> 00:29:37,029 This was my decision, not yours. 777 00:29:37,029 --> 00:29:38,492 I waived my rights. 778 00:29:38,492 --> 00:29:40,594 (scoffs): And I wish she didn't make you do that. 779 00:29:40,594 --> 00:29:41,862 But it doesn't mean anything. 780 00:29:41,862 --> 00:29:42,829 I still won't talk. 781 00:29:42,829 --> 00:29:45,599 It's my decision, and it's already done. 782 00:29:45,599 --> 00:29:48,669 You said that this is about control, right? 783 00:29:48,669 --> 00:29:50,570 Taking it back. Well, I am. 784 00:29:50,570 --> 00:29:52,606 I do not want there to be any chance 785 00:29:52,606 --> 00:29:54,032 that this guy can get away. 786 00:29:54,032 --> 00:29:57,028 So, please, testify to the judge. 787 00:29:57,028 --> 00:29:58,036 It's okay. 788 00:29:58,036 --> 00:30:01,581 It... can't get any worse. 789 00:30:07,454 --> 00:30:09,890 JUDGE: After questioning Bethany Taylor, 790 00:30:09,890 --> 00:30:11,491 it is my ruling that her testimony 791 00:30:11,491 --> 00:30:13,794 is not relevant to the pre-trial identification, 792 00:30:13,794 --> 00:30:16,496 and that the defendant's right to due process 793 00:30:16,496 --> 00:30:17,898 has not been violated. 794 00:30:17,898 --> 00:30:20,534 Therefore, the testimony will not be entered into record. 795 00:30:20,534 --> 00:30:21,768 Objection! 796 00:30:21,768 --> 00:30:24,504 You can't object, Mr. Gardner. Take a seat. 797 00:30:24,504 --> 00:30:25,605 No, that's not fair. 798 00:30:25,605 --> 00:30:26,606 That is my ruling. 799 00:30:26,606 --> 00:30:27,941 (bangs gavel) 800 00:30:27,941 --> 00:30:28,976 We're adjourned for today. 801 00:30:31,845 --> 00:30:35,036 So what else can Gardner pull when he puts up his own defense? 802 00:30:35,036 --> 00:30:36,616 I expect he'll throw a couple 803 00:30:36,616 --> 00:30:38,033 of character witnesses on the stand. 804 00:30:38,033 --> 00:30:39,486 He'll take his own testimony. 805 00:30:39,486 --> 00:30:42,028 Just have to be ready for anything that he does. 806 00:30:42,028 --> 00:30:43,030 Detective. 807 00:30:43,030 --> 00:30:44,725 Bethany. 808 00:30:44,725 --> 00:30:47,394 I know you didn't want this, but thank you anyway. 809 00:30:47,394 --> 00:30:48,628 I didn't do this for you. 810 00:30:48,628 --> 00:30:49,629 I did it for Carrie. 811 00:30:49,629 --> 00:30:51,035 Want to know what you did, Detective? 812 00:30:51,035 --> 00:30:52,532 This is a subpoena from a man 813 00:30:52,532 --> 00:30:54,634 who raped another client of mine. 814 00:30:54,634 --> 00:30:56,636 He wants her records disclosed. 815 00:30:56,636 --> 00:30:57,838 So I was thinking, 816 00:30:57,838 --> 00:30:59,339 you'd be the perfect person 817 00:30:59,339 --> 00:31:01,375 to bully her into waiving her rights. 818 00:31:01,375 --> 00:31:02,476 I did what I had to do 819 00:31:02,476 --> 00:31:04,811 to stop Michael Gardner from raping another woman. 820 00:31:04,811 --> 00:31:07,581 Six of my clients already quit counseling. 821 00:31:07,581 --> 00:31:09,031 They don't trust me anymore. 822 00:31:09,031 --> 00:31:10,517 But you got your win. 823 00:31:10,517 --> 00:31:12,919 Who cares if it's at everyone else's expense? 824 00:31:21,561 --> 00:31:23,033 Where is everybody? 825 00:31:23,033 --> 00:31:26,733 Kathy took the kids toLa Boheme. 826 00:31:26,733 --> 00:31:28,037 Pass. 827 00:31:28,037 --> 00:31:29,369 So on your one night 828 00:31:29,369 --> 00:31:31,538 as a bachelor, you go to the grocery store? 829 00:31:31,538 --> 00:31:32,739 That's pretty pathetic. 830 00:31:32,739 --> 00:31:35,029 Grocery store with strippers. 831 00:31:37,677 --> 00:31:39,579 Liv, you've got to let it go. 832 00:31:42,582 --> 00:31:43,850 You put a rapist on trial. 833 00:31:43,850 --> 00:31:44,851 You did your job. 834 00:31:44,851 --> 00:31:46,030 I think I made it worse. 835 00:31:47,954 --> 00:31:50,028 Now, you know that's not true. 836 00:31:52,659 --> 00:31:55,395 I made Carrie relive the worst thing 837 00:31:55,395 --> 00:31:57,564 that's ever happened to her. 838 00:31:57,564 --> 00:32:00,534 I screwed any number of victims 839 00:32:00,534 --> 00:32:03,028 who might have sought counseling from Bethany Taylor. 840 00:32:03,028 --> 00:32:05,705 And a few less rapes may be reported because of it. 841 00:32:05,705 --> 00:32:08,036 If Michael Gardner is convicted, he'll never rape another woman. 842 00:32:08,036 --> 00:32:09,543 It's not worth it. 843 00:32:09,543 --> 00:32:12,579 It's not worth the cost. 844 00:32:12,579 --> 00:32:14,714 To you or them? 845 00:32:15,949 --> 00:32:17,717 I'm not talking about me. 846 00:32:17,717 --> 00:32:20,030 Yeah, you are. 847 00:32:20,030 --> 00:32:23,790 For as long as I have known you... 848 00:32:23,790 --> 00:32:26,793 you've always identified with the victims. 849 00:32:26,793 --> 00:32:29,596 Maybe that's because you're a woman. 850 00:32:29,596 --> 00:32:32,532 I don't know. 851 00:32:32,532 --> 00:32:35,032 I do know it's one of the things 852 00:32:35,032 --> 00:32:37,437 that makes you a great cop. 853 00:32:37,437 --> 00:32:40,033 It's also one of the things 854 00:32:40,033 --> 00:32:44,511 that makes this job torture sometimes. 855 00:32:44,511 --> 00:32:47,347 You can never go back and change things 856 00:32:47,347 --> 00:32:51,028 that have already happened, Olivia... 857 00:32:51,028 --> 00:32:53,031 You can't. 858 00:33:00,460 --> 00:33:03,964 You kill yourself to make something happen 859 00:33:03,964 --> 00:33:07,667 or you do nothing, and... 860 00:33:07,667 --> 00:33:09,836 Doesn't matter. 861 00:33:09,836 --> 00:33:12,037 There's always another child molester. 862 00:33:12,037 --> 00:33:14,508 There's always another rapist. 863 00:33:14,508 --> 00:33:17,037 And it's like... 864 00:33:17,037 --> 00:33:21,034 you have to sell a little piece of yourself 865 00:33:21,034 --> 00:33:25,385 to get the job done. 866 00:33:25,385 --> 00:33:29,689 So what the hell's the point? 867 00:33:33,029 --> 00:33:35,428 I don't know. 868 00:33:35,428 --> 00:33:37,898 Maybe there isn't a point. 869 00:33:40,035 --> 00:33:43,034 Maybe the cost is too high. 870 00:33:46,840 --> 00:33:50,030 Olivia, no one's making you do this. 871 00:33:50,030 --> 00:33:52,612 The difference between you and all the victims 872 00:33:52,612 --> 00:33:55,882 is you can walk away. 873 00:33:58,718 --> 00:34:01,821 No, I can't. 874 00:34:15,029 --> 00:34:17,904 JUDGE: We've been waiting for over an hour, Miss Russ. 875 00:34:17,904 --> 00:34:19,032 We have no proof 876 00:34:19,032 --> 00:34:21,708 that Mr. Gardner has absconded, your Honor. 877 00:34:21,708 --> 00:34:23,677 If the defendant has knowingly forfeited 878 00:34:23,677 --> 00:34:26,028 his right to be present, then the trial should 879 00:34:26,028 --> 00:34:27,032 continue without him. 880 00:34:27,032 --> 00:34:28,748 For all we know, he could have 881 00:34:28,748 --> 00:34:30,884 fallen ill, or been in an accident. 882 00:34:30,884 --> 00:34:32,419 Find out, Miss Russ. 883 00:34:32,419 --> 00:34:34,387 Quickly. 884 00:34:37,035 --> 00:34:38,758 Got it. All airports are on alert. 885 00:34:38,758 --> 00:34:41,030 So far he hasn't shown up on any passenger manifest. 886 00:34:41,030 --> 00:34:42,662 We're focusing on domestic flights. 887 00:34:42,662 --> 00:34:44,631 His wife said that his passport's expired. 888 00:34:44,631 --> 00:34:46,366 Which you don't need to drive into Canada, 889 00:34:46,366 --> 00:34:48,034 so customs along the New York/Ontario borders 890 00:34:48,034 --> 00:34:49,636 are on alert. 891 00:34:49,636 --> 00:34:52,034 Locals are putting Garner's mug shot on the 11:00 news. 892 00:34:52,034 --> 00:34:53,974 It'll be in the papers in the morning. 893 00:34:53,974 --> 00:34:55,375 But there's still a possibility 894 00:34:55,375 --> 00:34:57,477 that he's staying in town despite the danger. 895 00:34:57,477 --> 00:34:59,346 He's already shown a propensity for stalking, 896 00:34:59,346 --> 00:35:01,748 which means that any number of people could be a target. 897 00:35:01,748 --> 00:35:03,783 That's why I want warnings out to the judge, 898 00:35:03,783 --> 00:35:05,752 the DAs, every witness, victim, juror... 899 00:35:05,752 --> 00:35:07,036 anybody who set foot in that courtroom 900 00:35:07,036 --> 00:35:08,455 that he could see as an enemy. 901 00:35:08,455 --> 00:35:09,456 Stabler. 902 00:35:09,456 --> 00:35:10,724 That includes you, Olivia. 903 00:35:10,724 --> 00:35:12,626 This guy's got a hard-on for you. 904 00:35:12,626 --> 00:35:15,036 Good, I hope he tries something. 905 00:35:15,036 --> 00:35:17,964 He did try something. Another attack. 906 00:35:19,733 --> 00:35:20,767 OFFICER: Neighbor found her 907 00:35:20,767 --> 00:35:22,031 when he was taking out the garbage, 908 00:35:22,031 --> 00:35:23,033 but he didn't hear a thing. 909 00:35:23,033 --> 00:35:24,034 Victim get a look at him? 910 00:35:24,034 --> 00:35:25,505 Don't know. She's dead. 911 00:35:28,029 --> 00:35:30,443 STABLER: Cut up her face, too, this time. 912 00:35:30,443 --> 00:35:32,031 Three or four slashes, 913 00:35:32,031 --> 00:35:33,613 fingerprint bruising around the neck. 914 00:35:33,613 --> 00:35:34,714 He's getting smarter. 915 00:35:34,714 --> 00:35:36,950 This time, there's nobody to ID him. 916 00:35:40,354 --> 00:35:43,107 Victim's Evelyn Sharp from Staten Island. 917 00:35:43,107 --> 00:35:45,104 You were right about the manual strangulation. 918 00:35:45,104 --> 00:35:46,912 Found traces of talc, 919 00:35:46,912 --> 00:35:48,739 so I'm guessing he wore latex gloves. 920 00:35:48,739 --> 00:35:50,448 So he's learning from his mistakes. 921 00:35:50,448 --> 00:35:52,384 Her hands have some defensive wounds-- 922 00:35:52,384 --> 00:35:53,743 bruises on her knuckles-- 923 00:35:53,743 --> 00:35:55,741 so I'm thinking she woke up at some point 924 00:35:55,741 --> 00:35:56,741 and fought back. 925 00:35:56,741 --> 00:35:57,741 She get a piece of him? 926 00:35:57,741 --> 00:35:58,742 Nothing under her nails, 927 00:35:58,742 --> 00:36:01,126 no fluids or foreign hairs on the body, 928 00:36:01,126 --> 00:36:03,261 but I did find something interesting. 929 00:36:03,261 --> 00:36:05,742 Excised the skin right down to the fascia. 930 00:36:05,742 --> 00:36:06,742 He got a piece of her. 931 00:36:06,742 --> 00:36:08,333 So now he's collecting trophies? 932 00:36:08,333 --> 00:36:09,467 I thought so at first, 933 00:36:09,467 --> 00:36:12,704 but look at the size and location of the wound. 934 00:36:12,704 --> 00:36:14,737 She was fighting him off... 935 00:36:14,737 --> 00:36:15,744 So he bit her. 936 00:36:15,744 --> 00:36:16,746 Then he cuts away the skin 937 00:36:16,746 --> 00:36:18,243 to get rid of the evidence? 938 00:36:18,243 --> 00:36:20,445 Guy's becoming a regular criminal genius. 939 00:36:20,445 --> 00:36:22,147 Not quite. He didn't cut deep enough. 940 00:36:22,147 --> 00:36:24,482 There's still an impression in the muscle tissue. 941 00:36:24,482 --> 00:36:25,740 BENSON: Well, can you match it 942 00:36:25,740 --> 00:36:27,152 to Gardner's dental records? 943 00:36:27,152 --> 00:36:28,286 Already did. 944 00:36:28,286 --> 00:36:29,487 No question. 945 00:36:29,487 --> 00:36:32,357 We got the son of a bitch. 946 00:36:32,357 --> 00:36:34,526 Still think your client's an innocent man? 947 00:36:34,526 --> 00:36:37,128 This is no longer a case of mistaken identities 948 00:36:37,128 --> 00:36:38,496 or false line-ups. 949 00:36:38,496 --> 00:36:40,665 This man is guilty of rape and murder. 950 00:36:40,665 --> 00:36:42,434 If I knew where he was, I'd tell you. 951 00:36:42,434 --> 00:36:44,302 People are in imminent danger here. 952 00:36:44,302 --> 00:36:46,237 I told you, I don't know where he is. 953 00:36:46,237 --> 00:36:50,341 If I hear from him, you're the first call I'll make. 954 00:36:53,344 --> 00:36:55,513 If he's getting any help, it's not from a family member. 955 00:36:55,513 --> 00:36:57,115 Gardner's got no relatives in New York. 956 00:36:57,115 --> 00:36:59,150 I talked to his business partners and his staff. 957 00:36:59,150 --> 00:37:00,552 Nobody's heard from him. 958 00:37:00,552 --> 00:37:02,153 Wife seemed pretty devastated when he left. 959 00:37:02,153 --> 00:37:03,354 I don't think she's hiding him. 960 00:37:03,354 --> 00:37:04,740 Dump his phones, the last six months. 961 00:37:04,740 --> 00:37:05,740 If it was a wrong number, 962 00:37:05,740 --> 00:37:07,492 I want to know what the conversation was. 963 00:37:07,492 --> 00:37:08,744 Gardner's financials. 964 00:37:08,744 --> 00:37:11,062 All of the money belongs to Mrs. Gardner, 965 00:37:11,062 --> 00:37:12,664 but he's got access to everything. 966 00:37:12,664 --> 00:37:13,741 Any recent transactions? 967 00:37:13,741 --> 00:37:15,166 Yup. A big one. 968 00:37:15,166 --> 00:37:16,746 Five grand yesterday morning. 969 00:37:16,746 --> 00:37:19,104 Check cashing place in the Bronx. 970 00:37:19,104 --> 00:37:20,742 MAN: Yeah, that's the Richie Rich. 971 00:37:20,742 --> 00:37:22,373 He wanted to cash 20 grand. 972 00:37:22,373 --> 00:37:23,745 I told him five was my limit. 973 00:37:23,745 --> 00:37:25,276 He wrote up a new check. 974 00:37:25,276 --> 00:37:26,742 STABLER: He alone? 975 00:37:26,742 --> 00:37:29,514 I guess so. I didn't see anybody. 976 00:37:29,514 --> 00:37:31,683 We're going to need the paperwork on that. 977 00:37:31,683 --> 00:37:32,745 The guy had the proper ID. 978 00:37:32,745 --> 00:37:34,652 I-I-I didn't do nothing illegal. 979 00:37:34,652 --> 00:37:36,387 Hey, are those recording? 980 00:37:36,387 --> 00:37:37,555 This kind of business? 981 00:37:37,555 --> 00:37:38,745 You better believe it, lady. 982 00:37:38,745 --> 00:37:40,746 We're going to need the tapes. 983 00:37:43,428 --> 00:37:44,741 BENSON: Right there. 984 00:37:44,741 --> 00:37:45,741 MAN: That your guy? 985 00:37:45,741 --> 00:37:46,741 STABLER: Yup. 986 00:37:46,741 --> 00:37:48,740 It doesn't tell us much other than he's alone. 987 00:37:48,740 --> 00:37:52,070 I digitized the tape from the other camera, too. 988 00:37:52,070 --> 00:37:53,743 Here's the same time frame. 989 00:37:53,743 --> 00:37:55,540 That's him exiting, 990 00:37:55,540 --> 00:37:57,275 and getting into that white SUV. 991 00:37:57,275 --> 00:37:58,476 STABLER: Like the one Carrie saw 992 00:37:58,476 --> 00:37:59,577 the night of her attack. 993 00:37:59,577 --> 00:38:00,741 Did you get plates off that? 994 00:38:00,741 --> 00:38:02,480 Not the way the camera's positioned. 995 00:38:02,480 --> 00:38:05,083 All the accident investigation unit could tell me 996 00:38:05,083 --> 00:38:06,651 was it's a '99 Lexus RX 300. 997 00:38:06,651 --> 00:38:07,745 Can you play that a little longer? 998 00:38:07,745 --> 00:38:09,521 Sure. 999 00:38:09,521 --> 00:38:11,389 BENSON: He's getting into the passenger side. 1000 00:38:11,389 --> 00:38:12,390 Who's driving? 1001 00:38:12,390 --> 00:38:14,740 Let's see if I can blow it up. 1002 00:38:21,666 --> 00:38:23,201 We'll go frame by frame. 1003 00:38:26,538 --> 00:38:29,073 Looks like he's kissing her. 1004 00:38:29,073 --> 00:38:30,743 His wife's got long hair. 1005 00:38:30,743 --> 00:38:34,112 Gardner's got himself a girlfriend. 1006 00:38:34,112 --> 00:38:35,740 Any ID on the mystery woman? 1007 00:38:35,740 --> 00:38:37,737 We got six months of phone records. 1008 00:38:37,737 --> 00:38:39,743 There's nothing out of the ordinary yet. 1009 00:38:39,743 --> 00:38:41,352 The problem is this guy's smart enough 1010 00:38:41,352 --> 00:38:43,454 to never have called the girlfriend from his own phone. 1011 00:38:43,454 --> 00:38:44,689 And if he bought a prepaid cell, 1012 00:38:44,689 --> 00:38:45,745 well, we wouldn't know about that. 1013 00:38:45,745 --> 00:38:47,659 A majority of the calls this month 1014 00:38:47,659 --> 00:38:49,360 went to his lawyer, big surprise. 1015 00:38:50,562 --> 00:38:51,739 Last month too. 1016 00:38:53,741 --> 00:38:55,400 And four months ago. 1017 00:38:55,400 --> 00:38:56,668 CRAGEN: Why would he need to talk 1018 00:38:56,668 --> 00:38:59,270 to a criminal defense attorney before he was arrested? 1019 00:39:03,743 --> 00:39:06,742 Because he's been having an affair with Erin Russ. 1020 00:39:06,742 --> 00:39:09,743 She registered a vehicle to the DMV four years ago. 1021 00:39:09,743 --> 00:39:12,083 1999 white Lexus. 1022 00:39:15,520 --> 00:39:16,743 STABLER: Look at this. 1023 00:39:33,737 --> 00:39:35,737 Erin, it's Detectives Benson and Stabler. 1024 00:39:35,737 --> 00:39:36,743 Let us in. 1025 00:39:36,743 --> 00:39:38,443 It's open. 1026 00:39:45,383 --> 00:39:46,745 Erin, where is he? 1027 00:39:46,745 --> 00:39:48,319 Where's Gardner, Erin? 1028 00:39:48,319 --> 00:39:49,742 Where is he? 1029 00:39:49,742 --> 00:39:51,289 He's here. 1030 00:39:51,289 --> 00:39:52,742 Let me see your hands. 1031 00:39:52,742 --> 00:39:54,425 Put up your hands. 1032 00:40:02,133 --> 00:40:06,740 BENSON: Are you hurt? 1033 00:40:06,740 --> 00:40:09,740 I found the murder weapon in the car. 1034 00:40:09,740 --> 00:40:11,743 He denied it. 1035 00:40:11,743 --> 00:40:16,214 Even after I found everything. 1036 00:40:16,214 --> 00:40:18,116 If he attacked you, 1037 00:40:18,116 --> 00:40:19,742 there's nothing you could have done. 1038 00:40:22,053 --> 00:40:23,087 That's right. 1039 00:40:24,738 --> 00:40:27,325 Justifiable homicide. 1040 00:40:29,394 --> 00:40:33,264 If he attacked me. 1041 00:40:36,234 --> 00:40:38,403 I need to know it's over. 1042 00:40:38,403 --> 00:40:40,471 I tried setting it up with the people in charge. 1043 00:40:40,471 --> 00:40:41,744 They said it was inappropriate. 1044 00:40:41,744 --> 00:40:43,308 How did you convince them? 1045 00:40:43,308 --> 00:40:44,741 They don't need to know.