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NARRATOR:
In the criminal justice system
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sexually based offenses are
considered especially heinous.
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In New York City,
the dedicated detectives
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who investigate
these vicious felonies
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are members of an elite squad
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known as
the Special Victims Unit.
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These are their stories.
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Okay, all right, guys,
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we're playing
Texas Hold-'Em.
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This game's
all about balls--
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who's got them,
and who's a skirt.
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WOMAN:
What if I don't
want balls?
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Cheater.
Wives are allowed.
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All right, Michael, in or out?
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Uh... $20.
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Are those balls
or what?
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Call.
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All right, you guys suck.
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(door buzzer)
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That's the food, hon.
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WOMAN:
Raise ten.
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I got nothing. Fold.
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(laughter and groaning)
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MAN:
Hey, hey, hoo.
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Hello?
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(intermittent speech
on intercom)
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I didn't hear you. Who's there?
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(intermittent speech)
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Hon, I'm going down.
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Something's wrong
with the intercom.
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WOMAN:
Don't forget
to tip him.
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Yeah.
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(laughter and conversation)
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Police.
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Let me see your hands.
What did I do?
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Turn around.
Hands on the wall.
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Up against
the wall now.
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Michael Gardner,
you're under arrest.
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I didn't do anything.
Hands above your head.
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Look, you got
the wrong guy,
whatever it is.
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It's rape, Mr. Gardner.
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What?
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(grunting)
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You okay?
Yeah.
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You just made
a big mistake.
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Mike, my God,
what are you doing
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to him?!
Get back. This is police.
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He's my husband.
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Call Erin Russ.
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She's a lawyer
in my book.
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Why are you
arresting him?
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Your husband raped four women.
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Your dinner's here.
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It's on the NYPD.
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I'm so sorry for hitting you.
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I, I lost my temper.
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I, I take full responsibility.
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How did my client
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get hurt
between his home and here?
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I don't know. How?
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He fell.
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Bull.
The only injuries I see
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are your client's torn knuckles
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from punching Detective Benson
in the face,
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so, unless you want to add
assault of a police officer
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to the tab,
I say we move on.
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I did not rape anyone.
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You have the wrong person.
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Well, we got a print
at the scene
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matching one
from your assault bust.
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Yeah, from a college bar fight
ten years ago.
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All you've got
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is one print on an
exterior metal railing
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of an apartment building
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two blocks
from where Mr. Gardner lives.
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I walk my dog
all over that neighborhood.
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You'll find my prints
in front of 20 buildings.
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One print at one scene
doesn't add up to four rapes.
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Your detectives
are getting lazy.
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Hardly.
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Mr. Gardner did us the favor
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of leaving his calling card
at the scene.
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You choke them
till they pass out,
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then you rape them,
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then you cut
their breasts.
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It's called a
pattern, Mikey.
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A vague pattern
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that 100 guys at Attica
have used.
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You've got no DNA,
no prints at any other scene.
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We have your client's
description from one
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of his victims.
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She pretended
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to be unconscious
even after you cut her.
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We're giving you a chance
to cooperate, Mr. Gardner.
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You'd go a long way
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towards helping yourself
if you would tell us
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everything that you know
about the attacks.
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There were no attacks.
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We're done.
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If they had a victim,
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you'd already be in a line-up.
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She's right.
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That's your next stop.
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Carrie, if you're ready,
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I'd like to take you
into the line-up now.
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Oh, uh...
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I don't think
that I can do it.
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You can't see him again,
or you can't identify him?
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No, no, I didn't...
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I didn't get
a good look at him,
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and, and I...
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What if I don't pick
the right person?
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Don't worry
about that.
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Your only
responsibility
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is to say what you
think is true.
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Okay, but... if I pick
the wrong person, and...
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then he gets away,
and I...
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You told me
at the rape crisis center
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that I don't have to do anything
that I don't want to do.
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That's right.
You don't.
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Okay, h-hold on.
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Why don't we, why don't we
back up for a second.
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Let's forget about the line-up
right now, all right?
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I just want to see
how good your memory is.
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Okay?
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I can't.
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I can't...
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I can't go
through that again.
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I haven't even
told my fiancé.
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Carrie,
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I just want to talk
about what you saw, okay?
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You know what?
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Why don't we sit down
for a second,
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all right?
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Let's sit down.
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Come on.
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You said that you passed out
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when somebody
choked you from behind.
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What's the first thing
that you remember
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when you woke up?
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I was on the ground,
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I was on my back...
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and he was on top of me.
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Did he say
anything?
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What color was his hair?
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Brown.
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Straight?
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Kind of wavy.
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And did you see
the color of his eyes?
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Dark, um...
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brown, I guess.
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Uh-huh. Okay, what else?
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Can you remember anything else
about his face, anything at all?
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He had dark eyebrows.
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He was clean-shaven.
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He had a, uh...
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uh, a scar over
his right eye.
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I think that I saw his car.
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After,
he got into a white truck.
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Carrie, you remember.
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You know what he looks like.
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Now, all I need you to do
is point him out.
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Can Bethany come with me?
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Sure.
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I'm going to talk to Bethany
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outside
for a second.
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Can I get you
anything?
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All right.
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Listen, Bethany,
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this case lives or dies
by her ID.
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So, no helping, just
emotional support?
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I'm a rape crisis
counselor, Detective.
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I've done this before.
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Yeah, I know,
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I just really want
to get this guy.
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She'll do it.
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She's stronger
than she thinks.
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What if it's not him--
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it means he's
still out there?
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Don't think about it.
Just do it.
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You want me
to leave the room
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so you can tell
her who to pick?
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Oh, give it a rest.
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Carrie, take your time.
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Carrie,
do you recognize anyone?
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And what number
is he holding?
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Three.
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And where do you
recognize him from?
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He's the man who raped me.
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Okay, we're done.
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That's it.
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I thought you had four victims.
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I only need one ID.
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Not if it's wrong.
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My client lives
in that woman's neighborhood.
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She could have seen him anywhere
and gotten confused.
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It was a clean pick.
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And victims' memories
are always accurate?
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They are when they're right.
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You've got
three others.
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Why not bring them in
for the line-up, too?
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Because you know
they can't ID him.
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Jury's going to hear that.
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The suspect is being booked
right now.
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Thank God.
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Okay, he will
be arraigned,
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and then the case goes
before the grand jury.
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Now, you'll all
need to testify.
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00:08:56,774 --> 00:08:57,837
Will he be there?
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No, but if the
grand jury indicts,
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00:08:59,577 --> 00:09:01,178
then we move
to the trial phase.
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00:09:01,178 --> 00:09:02,836
You'll all have
to testify again,
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00:09:02,836 --> 00:09:05,249
and in that case,
he will be in the courtroom.
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00:09:05,249 --> 00:09:06,838
Will he stay in jail
the whole time?
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00:09:06,838 --> 00:09:07,843
Well, that depends on
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00:09:07,843 --> 00:09:09,587
if the judge
decides to set bail,
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00:09:09,587 --> 00:09:10,834
and if he can
afford it.
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00:09:10,834 --> 00:09:12,256
Why does he even get bail?
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He raped us.
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00:09:13,657 --> 00:09:15,837
The law only allows
remand in murder cases.
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He knows where I live.
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Where?
Upper West Side.
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00:09:18,662 --> 00:09:19,834
So do I.
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00:09:19,834 --> 00:09:20,843
What's his address?
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00:09:20,843 --> 00:09:22,840
I'm not allowed
to give that to you.
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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.
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00:09:26,834 --> 00:09:27,837
It wasn't
in his best interest
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to rape us either,
but that didn't stop him.
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The Assistant
District Attorney
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00:09:31,709 --> 00:09:33,841
can ask the judge
for an order of protection.
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00:09:33,841 --> 00:09:36,447
That means that
if he harasses any one of you,
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00:09:36,447 --> 00:09:38,148
he will face additional charges.
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00:09:38,148 --> 00:09:39,383
However, if we tell him
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00:09:39,383 --> 00:09:40,551
to stay away
from you,
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then I'll have to
give him your home
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and your work
addresses.
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Even though
you can't give us his?
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He has to know
where he's not
allowed to go.
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I want an order of protection.
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Yeah, okay, okay.
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00:10:01,138 --> 00:10:02,606
Mr. Wonderful's a free man
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00:10:02,606 --> 00:10:03,674
as of two hours ago.
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00:10:03,674 --> 00:10:05,175
Made bail courtesy of the wife.
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00:10:05,175 --> 00:10:06,277
On the positive side,
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the judge granted
orders of protection
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for every victim.
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00:10:09,346 --> 00:10:11,682
Well, on the negative side,
I checked with the DMV.
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Gardner never registered
a car here.
250
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Neither has his wife,
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00:10:14,652 --> 00:10:16,620
and nobody's seen him
driving a white truck.
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Well, now that we've got
Carrie's positive ID,
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I want to take a closer look
at the other three attacks.
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There's no apparent connection
between the victims.
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00:10:23,494 --> 00:10:24,840
These two lived
on the Upper West,
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00:10:24,840 --> 00:10:26,230
she lived in Midtown,
Soho.
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Garner does like
working outdoors.
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00:10:27,698 --> 00:10:29,633
He caught two of them
coming home from work--
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00:10:29,633 --> 00:10:32,336
one getting off the "N" train,
the other getting out of a cab.
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00:10:32,336 --> 00:10:34,839
These are pretty public places
to do that kind of damage
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and not be seen
by a single person.
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Maybe he did a little recon
before the attacks.
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Sits on a place,
makes sure
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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.