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- In the criminal
justice system,
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sexually based offenses
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are considered
especially heinous.
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In New York City,
the dedicated detectives
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00:00:17,539 --> 00:00:19,323
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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- Ms. Palma,
you claimed my client
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groped you on the dance floor?
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- Yes, I had to smack him away.
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- With one hand,
because your other hand
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was holding a vodka and soda?
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How many drinks in
were you at this party?
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- Objection, Valentina Palma
isn't on trial here.
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Ian Hunter is.
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- Testing my patience,
Ms. Calhoun.
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- Moving on.
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After my client groped you,
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didn't you ask him
for a ride home?
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- It was late.
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I didn't feel safe
taking the subway to the Bronx.
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- And did Ian drive you home?
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- Yes, but to his house,
not mine.
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- To his parents' house
in West Hampton.
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Why didn't you tell him
to turn around?
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- I fell asleep in the car.
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- But you were awake enough
to enter his beach house
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and have sex.
- It wasn't sex.
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I said no.
- No to getting in his car?
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No to going in the house?
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Or no to having sex
with a young man
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you didn't realize
had raped you
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until two months later?
- Objection, badgering.
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- Sustained.
Last time, Counselor.
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- It was two months, wasn't it?
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- Yes, but I--
- Thank you.
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Nothing further.
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♪
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- You've been there before.
You've got this, Liv.
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Captain says it's getting ugly.
She testifies next.
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- Carisi should have
never let Suffolk County
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take the case first.
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- Yeah, but he can try Ian
on forceable touching--
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in Manhattan, four years tops.
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It's 15 years for rape
in Suffolk County.
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- If he's convicted.
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Preppy boy charged with raping
a South Bronx Latina
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in the snow white East End.
Calhoun's defending him.
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It makes me nervous.
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- As we both know,
the fact that Valentina
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didn't disclose for two months
is not at all unusual.
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- If that's true, why didn't
Manhattan take the case?
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- Because the more serious
charges were here.
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- Not because your DA knew
you had no real evidence?
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- Objection.
- Withdrawn.
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Thank you, Captain Benson.
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- Prosecution rests.
- Very well.
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Defense ready to proceed?
- We are.
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But at this time, we move
for a trial order motion
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for dismissal.
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Prosecution failed
to make a case.
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No rape kit,
delayed police report--
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- Thank you, Counselor.
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I'll consider your motion
during recess.
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- Is that motion bad?
- No, it's a routine move.
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Defense attorneys
do it at every trial.
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- It's a Hail Mary.
Rita Calhoun is worried.
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She knows that
if she puts Ian on the stand,
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the jury is gonna see
right through his smirk.
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- Todo está bien, Valentina.
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- So your friend Rita, huh?
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I think she grew another
dorsal fin during quarantine.
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00:03:00,702 --> 00:03:01,833
- Oh, it was always there.
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I think that
she just had it sharpened.
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00:03:04,314 --> 00:03:05,881
- Judge Gallagher
wants everybody in.
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- In "he said, she said" cases,
almost by definition,
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there is reasonable doubt.
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Before this accusation,
this exemplary young man
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Ian Hunter,
had already been accepted
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to Vanderbilt Law School,
but you, Ms. Palma,
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disrespected your scholarship
to Tompkins Square University
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by binge drinking at a party.
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Then, after asking Mr. Hunter
for a ride home
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and willingly entering
his house,
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you waited two months to decide
you'd been raped.
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I have no way of knowing
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what actually happened
that night,
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but I do know
that I can't let this court
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cavalierly destroy
Mr. Hunter's future.
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00:03:44,485 --> 00:03:48,271
I've heard the evidence
presented by the prosecution,
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00:03:48,315 --> 00:03:50,665
and I find it
legally insufficient
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to establish
the offense charge therein,
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therefore I am granting
the defense motion
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to dismiss the indictment.
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00:04:02,938 --> 00:04:04,940
- Thank you, Judge Gallagher.
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00:04:04,983 --> 00:04:06,289
- He can't do that, can he?
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00:04:06,333 --> 00:04:08,465
- He can try,
but it doesn't mean
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that he's gonna
get away with it.
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- We can appeal this.
This is not over, Valentina.
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♪
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- I'm so sorry.
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- Tough loss.
-
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- I did have
home court advantage.
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- What does that mean?
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- Gallagher, I just found out
he wasn't supposed
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to be assigned this trial.
He bird-dogged it.
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We were all a part
of his show trial
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to shore up his base.
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He just used you
to launch his political career.
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♪
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for New York State
Attorney General.
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There's lawlessness
in the streets.
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Our suburbs, our way of life,
are under attack,
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and so are our sons.
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The Me Too pendulum
has swung too far.
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- "Our sons"?
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Guess he doesn't care
about our daughters.
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- Not even a little.
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All this guy cares about
is himself
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and his political career.
What is his pedigree?
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- Hudson U undergrad,
Harvard Law,
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00:05:57,444 --> 00:05:59,402
eight years as
a Suffolk County ADA.
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00:05:59,446 --> 00:06:00,664
- He ever put his thumb
on the scale
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00:06:00,708 --> 00:06:01,709
when he was a prosecutor?
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00:06:01,752 --> 00:06:02,927
- Yeah, first year,
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00:06:02,971 --> 00:06:04,102
he had four high profile
rape convictions,
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00:06:04,146 --> 00:06:06,191
all Black
and Latino defendants,
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00:06:06,235 --> 00:06:08,150
and then he declined
to prosecute
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00:06:08,193 --> 00:06:11,414
a white college male
in a "he said, she said."
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00:06:11,458 --> 00:06:13,590
- The old boy network
is strong out east.
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00:06:13,634 --> 00:06:14,896
- So is the corruption.
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00:06:14,939 --> 00:06:16,550
Look who's spearheading
his campaign.
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00:06:16,593 --> 00:06:19,422
- Not the Hunter family?
- Close enough.
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00:06:19,466 --> 00:06:22,643
Tom Burns,
Ian Hunter's maternal uncle.
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00:06:22,686 --> 00:06:24,775
- That guy was
at the trial every day.
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Look.
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00:06:27,125 --> 00:06:29,563
- The fix was in
before "all rise."
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00:06:29,606 --> 00:06:31,565
- It's pretty much
what Calhoun told us.
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00:06:31,608 --> 00:06:33,654
- She may have
overplayed her hand.
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00:06:33,697 --> 00:06:35,133
I can appeal
Gallagher's decision,
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00:06:35,177 --> 00:06:36,918
but Valentina doesn't want
to go through another trial,
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00:06:36,961 --> 00:06:39,094
but if we can prove
quid pro quo,
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00:06:39,137 --> 00:06:41,270
there's a good shot that
we get that decision reversed.
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00:06:41,313 --> 00:06:43,707
- This may help--
Gallagher and Ian's uncle
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00:06:43,751 --> 00:06:45,013
have known each other
for 30 years.
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00:06:45,056 --> 00:06:47,189
They were in the same frat
at Hudson U.
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00:06:47,232 --> 00:06:49,931
- At Hudson U in the '90s?
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00:06:49,974 --> 00:06:51,976
I may know someone
who went to school with them.
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00:06:52,020 --> 00:06:54,892
- Another country club buddy?
- Just the opposite.
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00:06:58,548 --> 00:07:00,202
- Captain, your reputation
precedes you.
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- Oh, as does yours.
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00:07:02,596 --> 00:07:04,815
- Congratulations
on the promotion.
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00:07:04,859 --> 00:07:07,644
Head of the Civil Rights Unit,
that's a big step up.
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- Well, after the riots,
they needed someone--
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00:07:10,038 --> 00:07:11,474
what did my boss say?
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00:07:11,518 --> 00:07:13,737
"Who checked
every diversity box."
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So what brings SVU
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00:07:16,827 --> 00:07:18,307
to the people's republic
of Brooklyn?
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- The past.
We're looking at a judge.
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Charles Gallagher,
you two were undergrads
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at Hudson U together.
You remember him?
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00:07:24,705 --> 00:07:28,752
- Chip Gallagher.
I wish I could un-remember him.
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I worked in the frat kitchen.
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He never bussed a tray once,
and now he's running for AG.
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00:07:33,278 --> 00:07:35,237
- Yeah, and to kickstart
his campaign,
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he threw out a solid rape case.
- In Suffolk, I heard.
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00:07:39,154 --> 00:07:40,808
- And it turns out
the defendant's uncle
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00:07:40,851 --> 00:07:43,158
was Tom Burns,
another Hudson U alum.
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00:07:43,201 --> 00:07:44,159
- I know him too.
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Those two were
thick as thieves.
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00:07:45,856 --> 00:07:47,641
- So Burns donated
to his campaign.
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If we could prove
that it was a bribe...
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00:07:49,860 --> 00:07:53,516
- Tough case to make,
but I wouldn't be surprised.
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They've been covering up
for each other for years.
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- Covering up what?
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- I've probably
already said too much.
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- Counselor...
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00:08:04,396 --> 00:08:08,009
if there's a reason
that Gallagher shouldn't be AG,
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00:08:08,052 --> 00:08:10,838
we need to get that out there.
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- It was a long time ago--
early '90s.
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00:08:14,189 --> 00:08:18,889
Sweet, brilliant girl who was
so brutalized by Gallagher,
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she dropped out of Hudson.
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It's haunted me
because I didn't help her.
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00:08:24,591 --> 00:08:26,854
- So you're saying
that he raped her.
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00:08:26,897 --> 00:08:27,855
- She told me he raped her
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while Tommy Burns
held her down.
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- Did she report this?
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00:08:31,598 --> 00:08:34,209
- She did, but those days,
it got buried.
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Gallagher went on
to Harvard Law,
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became a judge.
- And the victim?
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00:08:40,650 --> 00:08:42,391
- Not a week has gone
without my thinking
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about what Chip did to her.
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♪
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00:08:47,439 --> 00:08:52,053
- Nobody cared back then,
not even Isaiah Holmes.
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00:08:52,096 --> 00:08:54,708
I don't blame him.
We were on scholarship.
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00:08:54,751 --> 00:08:56,231
No match for that crowd.
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00:08:56,274 --> 00:08:58,973
- Can you tell us
about Gallagher?
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00:08:59,016 --> 00:09:03,368
- He invited me,
April from Sunset Park,
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00:09:03,412 --> 00:09:05,414
to a frat party
201
00:09:05,457 --> 00:09:09,636
like he was interested in me,
but it was a setup.
202
00:09:09,679 --> 00:09:14,684
- He assaulted you.
- One glass of punch.
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00:09:14,728 --> 00:09:18,035
Then I woke up with Gallagher
on top of me,
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00:09:18,079 --> 00:09:21,082
his wingman
Tommy Burns laughing,
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00:09:21,125 --> 00:09:22,823
holding me down.
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00:09:22,866 --> 00:09:24,346
- What happened
when you reported it?
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00:09:24,389 --> 00:09:29,090
- Campus cops interviewed me,
Chip, his frat brothers.
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00:09:29,133 --> 00:09:32,093
Then they basically told me I
shouldn't let one drunken night
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00:09:32,136 --> 00:09:34,617
define my college experience.
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00:09:34,661 --> 00:09:38,447
- Did you ever go to NYPD?
- No.
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00:09:38,490 --> 00:09:41,755
Those guys control
the narrative.
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00:09:41,798 --> 00:09:45,236
I realized I was never
gonna make it in their world.
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00:09:45,280 --> 00:09:47,282
Never even made it
to law school.
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00:09:47,325 --> 00:09:49,023
- Ms. Kelly, look,
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00:09:49,066 --> 00:09:52,417
your case is past
the statute of limitations,
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00:09:52,461 --> 00:09:54,898
but often when one person
comes forward--
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00:09:54,942 --> 00:09:56,073
- Not me.
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00:09:56,117 --> 00:09:58,685
I tried to fight Gallagher
30 years ago.
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00:09:58,728 --> 00:10:01,688
Lost.
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00:10:01,731 --> 00:10:03,733
And he's running for AG now?
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00:10:03,777 --> 00:10:05,474
If I go up against him,
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00:10:05,517 --> 00:10:08,825
his old boy network
will destroy me.
223
00:10:11,349 --> 00:10:13,395
I have to go back to work.
224
00:10:13,438 --> 00:10:15,136
- So that's it?
225
00:10:15,179 --> 00:10:16,964
- Well, if she reported it
to Hudson,
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00:10:17,007 --> 00:10:18,400
there might be a record.
227
00:10:18,443 --> 00:10:19,749
- Yeah, but didn't you
used to know the president?
228
00:10:19,793 --> 00:10:22,099
- Well, there's been
a revolving door lately,
229
00:10:22,143 --> 00:10:24,058
but Gallagher teaches there.
230
00:10:24,101 --> 00:10:26,364
I should give the new president
the courtesy of a heads-up.
231
00:10:30,020 --> 00:10:32,283
- We're lucky to have a judge
of Gallagher's stature
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00:10:32,327 --> 00:10:34,111
teaching
constitutional law here.
233
00:10:34,155 --> 00:10:35,939
We think the world of him.
234
00:10:38,986 --> 00:10:41,205
- Well, it doesn't seem
like your students agree.
235
00:10:41,249 --> 00:10:43,294
- I can't say I entirely
disagree with them.
236
00:10:43,338 --> 00:10:46,036
The ruling in the Suffolk case
was upsetting.
237
00:10:46,080 --> 00:10:47,690
Frankly, I wish
the Manhattan DA
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00:10:47,734 --> 00:10:49,257
had prosecuted the case.
239
00:10:49,300 --> 00:10:51,215
- That was a decision
beyond my pay grade.
240
00:10:51,259 --> 00:10:53,522
- I imagine
there's a lot of those.
241
00:10:53,565 --> 00:10:56,351
Anyway, if you're vetting him
for his AG run,
242
00:10:56,394 --> 00:10:59,180
I can assure you
there have been no complaints
243
00:10:59,223 --> 00:11:01,356
about him here.
- As a professor.
244
00:11:01,399 --> 00:11:04,402
And I realize this is
before your time here,
245
00:11:04,446 --> 00:11:06,013
but do you know anything
246
00:11:06,056 --> 00:11:09,016
about his record
as an undergrad?
247
00:11:09,059 --> 00:11:12,454
- You're fishing for something.
You want to give me a hint?
248
00:11:14,891 --> 00:11:17,807
- There may have been
a sexual misconduct claim
249
00:11:17,851 --> 00:11:20,244
filed against him
when he was at Tau Omega.
250
00:11:20,288 --> 00:11:21,724
- This would have been
in the '90s.
251
00:11:21,768 --> 00:11:24,118
- Yes.
- I'll look into it.
252
00:11:24,161 --> 00:11:25,510
- Thank you.
253
00:11:25,554 --> 00:11:27,077
- But I doubt
we'll find anything,
254
00:11:27,121 --> 00:11:29,036
given his character
and, frankly,
255
00:11:29,079 --> 00:11:30,341
the way complaints
were handled back then--
256
00:11:30,385 --> 00:11:34,215
- I would appreciate any help.
- Of course.
257
00:11:38,610 --> 00:11:40,047
- You get anything, captain?
258
00:11:40,090 --> 00:11:41,918
- Well, President DuBois agreed
259
00:11:41,962 --> 00:11:44,355
to look into April's
accusations against the judge.
260
00:11:44,399 --> 00:11:45,879
- And you believe her?
- I don't know.
261
00:11:45,922 --> 00:11:47,271
I mean, she said
all the right things,
262
00:11:47,315 --> 00:11:49,534
but that's why they hired her.
263
00:11:49,578 --> 00:11:50,927
- Ask Carisi for a warrant.
264
00:11:50,971 --> 00:11:53,843
- I think that'll raise
a red flag.
265
00:11:55,802 --> 00:11:58,282
- There might be a better way.
266
00:11:58,326 --> 00:12:01,416
- Working campus police,
I got more bennies
267
00:12:01,459 --> 00:12:03,070
than even you guys.
268
00:12:03,113 --> 00:12:05,028
Three kids, free tuition.
269
00:12:05,072 --> 00:12:08,118
My third's a senior,
protesting that judge.
270
00:12:08,162 --> 00:12:10,164
- Actually,
he's why we're here.
271
00:12:10,207 --> 00:12:11,426
Any chance you were
on the job
272
00:12:11,469 --> 00:12:13,254
back when Gallagher
was a undergrad?
273
00:12:13,297 --> 00:12:14,472
- My first year.
274
00:12:14,516 --> 00:12:15,909
- You know he was accused
of raping a girl
275
00:12:15,952 --> 00:12:17,432
your daughter's age?
276
00:12:17,475 --> 00:12:19,042
- Listen, I can't talk
to you, man.
277
00:12:19,086 --> 00:12:20,435
You gotta go
through administration.
278
00:12:20,478 --> 00:12:22,089
- You know how that goes.
279
00:12:22,132 --> 00:12:23,438
Any chance you got
any of your memo books
280
00:12:23,481 --> 00:12:26,615
from back in the day?
281
00:12:26,658 --> 00:12:28,835
The victim's name
was April Kelly.
282
00:12:28,878 --> 00:12:30,401
- Sorry, I gotta go, Officer.
283
00:12:30,445 --> 00:12:32,621
I drive my daughter home
every day.
284
00:12:32,664 --> 00:12:35,493
- You can never be too safe
with a college girl.
285
00:12:36,581 --> 00:12:39,367
- I wish I could have
been more help, man.
286
00:12:39,410 --> 00:12:42,936
- Hey, if anything comes up.
- Hi, Dad.
287
00:12:42,979 --> 00:12:45,895
- Hey.
- Hello, Officer.
288
00:12:50,639 --> 00:12:52,336
- Investigating
a decades old assault charge
289
00:12:52,380 --> 00:12:54,904
on Judge Gallagher
with a reluctant victim
290
00:12:54,948 --> 00:12:56,297
seems an overreach.
291
00:12:56,340 --> 00:12:57,428
- He's running
for attorney general.
292
00:12:57,472 --> 00:12:59,256
His victim disclosed
to me at the time.
293
00:12:59,300 --> 00:13:02,433
- Chief, I spoke to her myself.
She's credible.
294
00:13:02,477 --> 00:13:04,087
- And her case
is outside the statute.
295
00:13:04,131 --> 00:13:06,916
- This guy is a predator
who protects other predators.
296
00:13:06,960 --> 00:13:09,310
If we keep digging,
we're gonna find more victims.
297
00:13:09,353 --> 00:13:11,965
- Sorry, sir, I told him
you were in a meeting.
298
00:13:12,008 --> 00:13:13,488
- My fault, Chief.
It's important.
299
00:13:13,531 --> 00:13:17,057
I'd appreciate a few minutes.
- Of course, Judge.
300
00:13:17,100 --> 00:13:19,407
It's okay, Celia.
301
00:13:19,450 --> 00:13:21,322
- So these are my accusers?
302
00:13:21,365 --> 00:13:26,675
Captain, Counselor, and Isaiah.
Et tu, busboy?
303
00:13:26,718 --> 00:13:28,329
- Been a long time, Chip.
304
00:13:28,372 --> 00:13:29,939
- Counselor Holmes
and I go way back
305
00:13:29,983 --> 00:13:32,507
when he was slinging
fish sticks.
306
00:13:32,550 --> 00:13:33,900
He knows
I have nothing to hide.
307
00:13:33,943 --> 00:13:35,336
You have questions,
you should have come to me.
308
00:13:35,379 --> 00:13:36,511
- Just due diligence,
Your Honor.
309
00:13:36,554 --> 00:13:37,991
- This because you
just lost your case
310
00:13:38,034 --> 00:13:39,253
or because I'm running for AG?
311
00:13:39,296 --> 00:13:41,995
- We have
a credible accusation.
312
00:13:42,038 --> 00:13:44,171
- Credible or ginned up?
313
00:13:44,214 --> 00:13:46,390
In this environment,
any woman can say anything.
314
00:13:46,434 --> 00:13:47,565
If you have
political opponents,
315
00:13:47,609 --> 00:13:48,958
they'll run with it.
316
00:13:49,002 --> 00:13:52,919
- Well, if that's the case,
then we'll find out.
317
00:13:52,962 --> 00:13:55,138
- Before or after
you've achieved
318
00:13:55,182 --> 00:13:57,575
your true goal to tar me?
319
00:13:57,619 --> 00:13:58,968
-
320
00:13:59,012 --> 00:14:00,448
That's not what
this is about, Judge.
321
00:14:00,491 --> 00:14:02,580
- You're gonna sit there
and tell me these three
322
00:14:02,624 --> 00:14:04,365
aren't biased against me?
323
00:14:04,408 --> 00:14:06,236
You're a smart guy.
324
00:14:06,280 --> 00:14:09,239
Think you'd know a hanging jury
when you see one.
325
00:14:12,286 --> 00:14:19,293
♪
326
00:14:23,775 --> 00:14:26,169
- Thanks for calling.
327
00:14:26,213 --> 00:14:29,477
- Wasn't my idea.
- Well, thank your daughter.
328
00:14:29,520 --> 00:14:32,088
- Went through
some old boxes in my garage,
329
00:14:32,132 --> 00:14:35,396
found a bunch
of old memo books, but...
330
00:14:35,439 --> 00:14:37,615
- I didn't get 'em from you.
331
00:14:37,659 --> 00:14:39,356
- And his other two victims
I found,
332
00:14:39,400 --> 00:14:42,359
you didn't get those
from me either.
333
00:14:42,403 --> 00:14:45,449
- Understood.
334
00:14:45,493 --> 00:14:52,500
♪
335
00:14:58,462 --> 00:15:00,900
- So how did you guys
hear about my case?
336
00:15:00,943 --> 00:15:03,467
Hudson U just treated me
like I was toxic waste.
337
00:15:03,511 --> 00:15:07,341
- Well, somebody who cared
came forward.
338
00:15:08,864 --> 00:15:10,605
Look, if you feel
uncomfortable at all,
339
00:15:10,648 --> 00:15:12,694
or if you don't remember
the details--
340
00:15:12,737 --> 00:15:14,957
- Oh, I remember the details.
341
00:15:15,001 --> 00:15:18,352
Chip Gallagher assaulted me.
342
00:15:18,395 --> 00:15:19,962
- So can you tell us
what happened?
343
00:15:20,006 --> 00:15:22,399
- I passed out at a party,
344
00:15:22,443 --> 00:15:24,097
woke up with his thing
in my hand,
345
00:15:24,140 --> 00:15:26,490
and the whole room
was laughing.
346
00:15:26,534 --> 00:15:28,579
- Did you report Gallagher?
- The next day.
347
00:15:28,623 --> 00:15:31,669
They took statements
from everybody in the room,
348
00:15:31,713 --> 00:15:35,499
Chip's pals,
my so-called friends.
349
00:15:35,543 --> 00:15:38,067
They all backed Chip,
just like with April.
350
00:15:38,111 --> 00:15:40,026
- So you knew about April.
351
00:15:40,069 --> 00:15:43,899
- When April heard about it,
she reached out,
352
00:15:43,943 --> 00:15:46,380
told me what Gallagher
did to her.
353
00:15:46,423 --> 00:15:49,035
At least it made me feel
like I wasn't crazy.
354
00:15:50,732 --> 00:15:54,518
- If we can make a case
against Gallagher,
355
00:15:54,562 --> 00:15:56,520
would you be willing
to testify?
356
00:15:56,564 --> 00:15:57,869
- Isn't it too long ago?
357
00:15:57,913 --> 00:16:00,002
- We wouldn't be able
to prosecute your case,
358
00:16:00,046 --> 00:16:03,397
but this is still
an open investigation,
359
00:16:03,440 --> 00:16:08,097
so his conduct with you would
certainly speak to pattern.
360
00:16:09,969 --> 00:16:12,493
- If you say so.
361
00:16:12,536 --> 00:16:14,886
In my opinion,
guys like Gallagher,
362
00:16:14,930 --> 00:16:17,541
they've been
above the law for so long,
363
00:16:17,585 --> 00:16:19,891
nothing touches them.
364
00:16:22,938 --> 00:16:24,679
- I was a freshman.
365
00:16:24,722 --> 00:16:27,508
I couldn't believe I was
invited to a Hamptons party.
366
00:16:27,551 --> 00:16:29,901
I had some drinks.
367
00:16:29,945 --> 00:16:34,471
I woke up on a boat naked
and alone with Chip Gallagher.
368
00:16:34,515 --> 00:16:36,082
I was scared.
369
00:16:36,125 --> 00:16:39,128
I begged Chip to take us back.
- And what did he say?
370
00:16:39,172 --> 00:16:42,827
- He said I had two choices--
hump or jump.
371
00:16:42,871 --> 00:16:43,959
- I'm so sorry.
372
00:16:44,003 --> 00:16:46,048
- I was a city kid.
I couldn't swim.
373
00:16:46,092 --> 00:16:47,702
At least it was over fast.
374
00:16:47,745 --> 00:16:50,052
- Did you ever file
a police report?
375
00:16:50,096 --> 00:16:53,055
- Hudson U said it was
a campus security matter.
376
00:16:53,099 --> 00:16:54,230
When you're on financial aid,
377
00:16:54,274 --> 00:16:55,579
you do what the school
tells you.
378
00:16:55,623 --> 00:16:56,928
- So they told you
they'd look into it
379
00:16:56,972 --> 00:16:58,756
and not to go to the police.
380
00:16:58,800 --> 00:17:00,976
- Would you be willing
to testify against him?
381
00:17:01,020 --> 00:17:02,891
- I'm a court reporter.
382
00:17:02,934 --> 00:17:05,067
For the past 15 years,
I've taken the testimony
383
00:17:05,111 --> 00:17:08,592
of every skeeze, sleaze,
and scumbag they make.
384
00:17:08,636 --> 00:17:10,768
My dream--
someone else typing
385
00:17:10,812 --> 00:17:12,944
while I testify
against Chip Gallagher.
386
00:17:15,599 --> 00:17:17,210
- So April is still reluctant,
387
00:17:17,253 --> 00:17:19,777
but Francine is willing,
388
00:17:19,821 --> 00:17:23,259
and Carmen has already given
an interview to Buzzfeed
389
00:17:23,303 --> 00:17:25,000
about how she was
sexually assaulted
390
00:17:25,044 --> 00:17:27,133
by Gallagher as an undergrad.
391
00:17:27,176 --> 00:17:29,004
- And we've got
campus police memo books
392
00:17:29,048 --> 00:17:30,658
to back 'em up.
- Okay, it's a start.
393
00:17:30,701 --> 00:17:32,094
It goes to pattern,
but I still need a case
394
00:17:32,138 --> 00:17:33,443
within the statute.
395
00:17:33,487 --> 00:17:35,489
- Also going to pattern,
Gallagher only chooses
396
00:17:35,532 --> 00:17:38,187
women from lower classes--
on scholarships, ethnic.
397
00:17:38,231 --> 00:17:40,102
- So we look for more women
in his orbit
398
00:17:40,146 --> 00:17:42,191
that fit that profile.
- Well, you better move fast.
399
00:17:42,235 --> 00:17:44,237
Gallagher's circling
the wagons.
400
00:17:45,934 --> 00:17:47,979
- With us today
are ten lawyers
401
00:17:48,023 --> 00:17:50,025
who've been mentored
by Judge Gallagher
402
00:17:50,069 --> 00:17:53,855
as interns,
clerks, or students.
403
00:17:53,898 --> 00:17:56,031
Each of these women
has signed a statement
404
00:17:56,075 --> 00:17:59,991
attesting that the judge is
a man of impeccable character
405
00:18:00,035 --> 00:18:01,993
incapable of
the kind of behavior
406
00:18:02,037 --> 00:18:04,518
he has been
falsely accused of.
407
00:18:04,561 --> 00:18:06,955
- Calhoun is defending
Gallagher now.
408
00:18:06,998 --> 00:18:09,523
So there really is no bottom.
- Or shame.
409
00:18:09,566 --> 00:18:11,177
She just argued
a case in front of him.
410
00:18:11,220 --> 00:18:14,745
- I pride myself on having
created opportunities
411
00:18:14,789 --> 00:18:16,921
for women
throughout my career.
412
00:18:16,965 --> 00:18:20,882
If I stand for anything,
it's for equity and fairness.
413
00:18:20,925 --> 00:18:25,539
I don't see
gender, race, or creed.
414
00:18:25,582 --> 00:18:27,845
- All right, well,
he doesn't see class or color,
415
00:18:27,889 --> 00:18:29,151
but when I look
at that screen,
416
00:18:29,195 --> 00:18:31,022
all I see are white women
of privilege.
417
00:18:31,066 --> 00:18:32,807
- So we know
he's not raping them.
418
00:18:32,850 --> 00:18:34,678
- But these guys call in favors
419
00:18:34,722 --> 00:18:36,027
from women
they haven't assaulted.
420
00:18:36,071 --> 00:18:37,290
We've seen that move before.
421
00:18:37,333 --> 00:18:39,335
- All right,
then we need to find the women
422
00:18:39,379 --> 00:18:41,903
that didn't
sign that statement.
423
00:18:45,124 --> 00:18:47,691
- This was over ten years ago.
424
00:18:47,735 --> 00:18:49,780
I can guess why you're here,
and I can tell you right now
425
00:18:49,824 --> 00:18:51,304
I can't help you.
426
00:18:51,347 --> 00:18:54,176
- You weren't a part of
Gallagher's press conference.
427
00:18:54,220 --> 00:18:55,873
- I just made junior partner
at my firm.
428
00:18:55,917 --> 00:18:57,048
I didn't have the time.
429
00:18:57,092 --> 00:18:58,572
- Maybe it's because Gallagher
430
00:18:58,615 --> 00:19:00,051
was less of a gentleman
with you.
431
00:19:00,095 --> 00:19:02,793
- He was my professor,
my mentor.
432
00:19:02,837 --> 00:19:04,621
- And you're saying
he wasn't hands on?
433
00:19:04,665 --> 00:19:06,362
- I wouldn't be here today
earning high six figures
434
00:19:06,406 --> 00:19:07,929
without his referral.
435
00:19:07,972 --> 00:19:11,106
- You should be very proud,
a girl from the Pink Houses.
436
00:19:12,803 --> 00:19:14,065
- I am.
437
00:19:14,109 --> 00:19:15,676
I moved my moms
out of the projects
438
00:19:15,719 --> 00:19:17,373
in Brownsville
into a brownstone I now own.
439
00:19:17,417 --> 00:19:18,853
- You're afraid
all that'll go away
440
00:19:18,896 --> 00:19:20,376
if you let people think
441
00:19:20,420 --> 00:19:22,248
that you slept
with your professor?
442
00:19:23,118 --> 00:19:25,164
- I was talking
to your partner.
443
00:19:25,207 --> 00:19:29,168
- He's my boss,
but maybe you and I have...
444
00:19:31,387 --> 00:19:34,085
More in common
than you think.
445
00:19:34,129 --> 00:19:35,783
I had to leave
my first job, my hometown,
446
00:19:35,826 --> 00:19:37,785
because of a guy
like Gallagher.
447
00:19:38,960 --> 00:19:41,267
- Then you know
I didn't sleep with him.
448
00:19:41,310 --> 00:19:43,225
- Yeah.
449
00:19:46,272 --> 00:19:47,751
- He said
he needed an assistant
450
00:19:47,795 --> 00:19:50,363
on a fast track to clerk.
451
00:19:50,406 --> 00:19:53,235
Didn't matter that I was
one of his best students.
452
00:19:53,279 --> 00:19:54,715
I had a choice
453
00:19:54,758 --> 00:19:56,804
between failing his class
or acing it
454
00:19:56,847 --> 00:19:58,022
with a law school
recommendation
455
00:19:58,066 --> 00:19:59,546
and a clerkship
that led to this job--
456
00:19:59,589 --> 00:20:01,939
- Maya, you don't need me
to tell you that that's rape.
457
00:20:01,983 --> 00:20:05,247
- Maybe rape three,
but that's a tough case,
458
00:20:05,291 --> 00:20:08,816
and it might put
my partnership at risk.
459
00:20:08,859 --> 00:20:11,775
- Maya, I can't tell you
what to do,
460
00:20:11,819 --> 00:20:13,908
but I've never known
a sister from Brownsville
461
00:20:13,951 --> 00:20:15,692
that would step away
from a fight
462
00:20:15,736 --> 00:20:18,129
when someone
had done her wrong.
463
00:20:22,960 --> 00:20:25,006
- Two women
he went to college with
464
00:20:25,049 --> 00:20:27,269
and someone who clerked for him
465
00:20:27,313 --> 00:20:29,967
are making
unsubstantiated accusations.
466
00:20:30,011 --> 00:20:33,319
This isn't an investigation.
It's a political inquisition.
467
00:20:33,362 --> 00:20:36,322
- Rita, you can spin this
any way you want.
468
00:20:36,365 --> 00:20:39,847
We found these women.
They didn't come to us.
469
00:20:39,890 --> 00:20:42,066
- And the DA's willing to go
to trial on this tomorrow.
470
00:20:42,110 --> 00:20:43,242
- Correct me
if I'm wrong, Counselor.
471
00:20:43,285 --> 00:20:45,374
You went to Fordham Law
night school?
472
00:20:45,418 --> 00:20:49,335
You've been a ADA for a year?
- Hold on, Your Honor.
473
00:20:49,378 --> 00:20:52,163
Neither of you like my client,
but let's face it.
474
00:20:52,207 --> 00:20:53,295
If you had a viable case,
475
00:20:53,339 --> 00:20:54,775
you'd have already
perp walked him,
476
00:20:54,818 --> 00:20:57,038
so why are we here?
477
00:20:57,081 --> 00:21:00,171
- The DA's also willing
not to proceed
478
00:21:00,215 --> 00:21:02,826
if Judge Gallagher agrees
to drop out of the AG race.
479
00:21:02,870 --> 00:21:04,175
- What the hell
are you talking about?
480
00:21:04,219 --> 00:21:06,003
- He'd also have to resign
from the bench.
481
00:21:06,047 --> 00:21:07,962
- Olivia--
482
00:21:08,005 --> 00:21:11,008
I have asked the judge to give
you the benefit of the doubt,
483
00:21:11,052 --> 00:21:14,055
but these overt ideological
and personal attacks
484
00:21:14,098 --> 00:21:15,535
are beyond the pale.
485
00:21:15,578 --> 00:21:18,799
- Rita, this isn't personal,
and this is not political.
486
00:21:18,842 --> 00:21:21,454
Your client is a rapist.
487
00:21:21,497 --> 00:21:24,021
- The only reason
that he's getting off
488
00:21:24,065 --> 00:21:25,762
on a complete walk
is because the DA
489
00:21:25,806 --> 00:21:27,373
doesn't want it to look
like he's interfering
490
00:21:27,416 --> 00:21:29,853
in a political race.
I'd take it, Counselor.
491
00:21:29,897 --> 00:21:33,204
- Respectfully pass.
Judge, let's go.
492
00:21:33,248 --> 00:21:34,336
- You people in Manhattan
493
00:21:34,380 --> 00:21:36,207
really live in a bubble,
don't you?
494
00:21:36,251 --> 00:21:37,513
The world has changed.
495
00:21:37,557 --> 00:21:39,167
You have no idea
what you're dealing with.
496
00:21:39,210 --> 00:21:40,299
You know, if you keep this up,
497
00:21:40,342 --> 00:21:41,865
I'll see to it
you're disbarred.
498
00:21:41,909 --> 00:21:42,866
You get lucky,
499
00:21:42,910 --> 00:21:44,085
maybe the NYPD'll
take you back.
500
00:21:44,128 --> 00:21:45,913
You can do traffic stops
on Staten Island.
501
00:21:45,956 --> 00:21:47,871
- Your Honor, we're done here.
- Okay, all right.
502
00:21:47,915 --> 00:21:50,134
- Something they
can't teach you at Fordham,
503
00:21:50,178 --> 00:21:52,354
how to belong.
504
00:21:52,398 --> 00:21:54,356
People on the eighth floor
who nod at you in the elevator,
505
00:21:54,400 --> 00:21:56,880
they can smell the flop sweat
and the garlic
506
00:21:56,924 --> 00:21:59,274
coming off your cheap suit.
- Keep going, Judge.
507
00:21:59,318 --> 00:22:00,406
- Yeah, what do you
want to hear, you dumb dago?
508
00:22:00,449 --> 00:22:01,885
You want to go?
- Yeah, fine.
509
00:22:01,929 --> 00:22:03,234
I'll take you out right here.
- Okay, that's enough.
510
00:22:03,278 --> 00:22:04,497
That's enough.
- Or we can go right now.
511
00:22:04,540 --> 00:22:07,195
Either way's fine for me.
- Carisi.
512
00:22:09,023 --> 00:22:10,764
- No need.
513
00:22:10,807 --> 00:22:12,200
You're in
so far over your head,
514
00:22:12,243 --> 00:22:14,811
you don't even know
your career's dead and buried.
515
00:22:18,119 --> 00:22:24,386
♪
516
00:22:24,430 --> 00:22:27,824
- You okay?
- Fine.
517
00:22:27,868 --> 00:22:29,304
Screw him.
518
00:22:39,358 --> 00:22:40,707
- I'm sorry
you had to listen to that.
519
00:22:40,750 --> 00:22:41,708
- I'm not.
520
00:22:41,751 --> 00:22:42,839
It's always good to know
521
00:22:42,883 --> 00:22:44,014
what's right there
below the surface.
522
00:22:44,058 --> 00:22:45,799
- He has so much ego.
523
00:22:45,842 --> 00:22:47,888
He thinks
that he's invulnerable.
524
00:22:47,931 --> 00:22:50,499
It hasn't even occurred to him
that he's risking prison time.
525
00:22:50,543 --> 00:22:51,805
- Eh, to the contrary.
526
00:22:51,848 --> 00:22:53,459
He sees this as a way
to shore up his status
527
00:22:53,502 --> 00:22:55,809
as a victim
of cancel culture persecution.
528
00:22:57,985 --> 00:22:59,552
- Charges are slanderous...
529
00:22:59,595 --> 00:23:02,250
- Calhoun is beating that drum
as loud as she can.
530
00:23:02,293 --> 00:23:03,382
- You have your work
cut out for you, Counselor.
531
00:23:03,425 --> 00:23:04,687
Good luck.
532
00:23:04,731 --> 00:23:07,473
- My client has been
a respected and dedicated
533
00:23:07,516 --> 00:23:10,432
civil servant
for over 1/4 century.
534
00:23:10,476 --> 00:23:15,611
He has devoted his entire life
to upholding the Constitution
535
00:23:15,655 --> 00:23:16,699
and the rule of law.
536
00:23:16,743 --> 00:23:18,701
- Isn't Carmen
your first witness?
537
00:23:18,745 --> 00:23:20,877
- Ms. Benitez, you need
to wait with the court officer
538
00:23:20,921 --> 00:23:22,618
until you testify.
- I won't be testifying.
539
00:23:22,662 --> 00:23:23,924
- Wait, hold on, look,
540
00:23:23,967 --> 00:23:25,621
I know how stressful
this can be,
541
00:23:25,665 --> 00:23:26,970
but you were solid on--
542
00:23:27,014 --> 00:23:29,320
- I just got a text
from my supervisor.
543
00:23:29,364 --> 00:23:30,800
He said if I testify,
no judge will take me
544
00:23:30,844 --> 00:23:32,541
as their court reporter.
I'm sorry.
545
00:23:32,585 --> 00:23:33,629
I have to work.
I have kids.
546
00:23:33,673 --> 00:23:34,761
- Hold on, hold on,
547
00:23:34,804 --> 00:23:35,892
they're threatening
to blackball you.
548
00:23:35,936 --> 00:23:37,067
That is illegal.
They cannot do that.
549
00:23:37,111 --> 00:23:38,417
- Like that's
ever stopped Gallagher.
550
00:23:38,460 --> 00:23:40,419
- We can call your supervisor.
- Please don't.
551
00:23:43,465 --> 00:23:45,815
♪
552
00:23:45,859 --> 00:23:48,862
- All right, I'll just--
I just tell Francine
553
00:23:48,905 --> 00:23:50,733
that, after opening statements,
she's up first now.
554
00:23:50,777 --> 00:23:52,779
- Carisi, don't you let
these bastards get to you.
555
00:23:52,822 --> 00:23:54,737
You got this.
556
00:24:00,787 --> 00:24:03,920
- I was a freshman
at my first frat party.
557
00:24:03,964 --> 00:24:06,836
I had too much to drink.
- And what happened?
558
00:24:06,880 --> 00:24:09,796
- I must have passed out.
- And when you came to?
559
00:24:09,839 --> 00:24:12,015
- I was on the floor.
560
00:24:12,059 --> 00:24:14,975
Chip Gallagher
was kneeling over me,
561
00:24:15,018 --> 00:24:18,848
and he had put his erect penis
in my left hand.
562
00:24:19,980 --> 00:24:22,373
- Was anyone else there?
563
00:24:22,417 --> 00:24:26,116
- His frat brothers watched.
I can still hear them laughing.
564
00:24:26,160 --> 00:24:28,510
- Did you report this
to Hudson U?
565
00:24:28,554 --> 00:24:30,077
- I did.
566
00:24:30,120 --> 00:24:31,513
They told me
not to go to the police
567
00:24:31,557 --> 00:24:33,907
and then they deemed it
unfounded.
568
00:24:33,950 --> 00:24:36,475
I ended up transferring out.
569
00:24:36,518 --> 00:24:38,825
I've replayed the humiliation
of that moment in my head
570
00:24:38,868 --> 00:24:41,088
for over 30 years.
571
00:24:42,785 --> 00:24:45,919
- Thank you.
572
00:24:45,962 --> 00:24:50,401
- Ms. Giamba,
you've been married twice.
573
00:24:51,751 --> 00:24:54,928
No, I'm sorry.
574
00:24:54,971 --> 00:24:57,147
Three times.
575
00:24:57,191 --> 00:25:01,717
I don't see a ring
on your left hand.
576
00:25:01,761 --> 00:25:03,110
- No, that's because--
577
00:25:03,153 --> 00:25:04,851
- Right, because you've been
divorced three times
578
00:25:04,894 --> 00:25:07,593
and all for infidelity?
- Objection.
579
00:25:07,636 --> 00:25:09,116
- Prosecution
is using this woman
580
00:25:09,159 --> 00:25:10,813
as a Molineux pattern witness.
581
00:25:10,857 --> 00:25:13,468
I'm merely showing a pattern
of deceit that this witness...
582
00:25:13,512 --> 00:25:14,513
- Sustained.
583
00:25:14,556 --> 00:25:15,688
- Cheated on three husbands
584
00:25:15,731 --> 00:25:17,516
she promised to be faithful to.
585
00:25:17,559 --> 00:25:20,519
- Ms. Calhoun,
the objection is sustained.
586
00:25:20,562 --> 00:25:22,608
- I don't see why the jury
should take her word
587
00:25:22,651 --> 00:25:24,392
against my client now.
588
00:25:24,435 --> 00:25:26,089
- Jury will disregard.
589
00:25:26,133 --> 00:25:28,614
One more word, Ms. Calhoun,
590
00:25:28,657 --> 00:25:31,878
and I will hold you
in contempt.
591
00:25:32,705 --> 00:25:34,576
- Nothing further.
592
00:25:39,581 --> 00:25:42,541
- Ms. Bell, when you
first met the defendant,
593
00:25:42,584 --> 00:25:44,717
he wasn't just
a law school professor.
594
00:25:44,760 --> 00:25:48,024
He was also a sitting judge.
- Yes.
595
00:25:48,068 --> 00:25:49,548
I looked up to him.
596
00:25:49,591 --> 00:25:52,072
He seemed to take
a special interest in me
597
00:25:52,115 --> 00:25:53,421
even though
I was on scholarship.
598
00:25:53,464 --> 00:25:55,075
- And what changed
your relationship?
599
00:25:55,118 --> 00:25:57,643
- I asked if I could use him
as a reference for a clerkship.
600
00:25:58,905 --> 00:26:00,820
He said he would be happy
to discuss my future
601
00:26:00,863 --> 00:26:02,865
if I met him
at his campus office one night.
602
00:26:02,909 --> 00:26:05,128
- And what happened
in that meeting?
603
00:26:05,172 --> 00:26:07,696
- He said he would be
open to helping me
604
00:26:07,740 --> 00:26:09,480
if I was open to helping him.
605
00:26:09,524 --> 00:26:10,960
- What did you
take that to mean?
606
00:26:11,004 --> 00:26:14,181
- He made it clear
that if I wanted good grades,
607
00:26:14,224 --> 00:26:18,577
a recommendation,
I had to, as he put it,
608
00:26:18,620 --> 00:26:21,188
"approach the bench."
609
00:26:21,231 --> 00:26:24,104
By that, he meant
service him sexually.
610
00:26:24,147 --> 00:26:27,107
- And did you?
611
00:26:27,150 --> 00:26:31,067
- Yes, the first time
that night.
612
00:26:31,111 --> 00:26:34,810
I subsequently
had "night court" with him--
613
00:26:34,854 --> 00:26:38,727
his phrase for oral sex--
until the semester ended.
614
00:26:38,771 --> 00:26:40,903
- Did he physically force you?
615
00:26:40,947 --> 00:26:45,081
- No, but he made it clear that
if I didn't do what he wanted,
616
00:26:45,125 --> 00:26:46,648
he wouldn't just fail me.
617
00:26:46,692 --> 00:26:49,085
He'd see to it that I would
lose my scholarship
618
00:26:49,129 --> 00:26:50,783
and be expelled.
619
00:26:50,826 --> 00:26:53,699
One phone call
and my hopes of a law career
620
00:26:53,742 --> 00:26:55,614
would be dead and buried.
621
00:26:55,657 --> 00:26:59,052
- Dead and buried.
622
00:27:00,314 --> 00:27:03,143
Those were his exact words?
- Yes.
623
00:27:04,797 --> 00:27:07,277
I knew I would
never become a lawyer.
624
00:27:07,321 --> 00:27:09,584
- Thank you, Ms. Bell.
625
00:27:09,628 --> 00:27:11,630
I know it wasn't easy
for you to be here today.
626
00:27:15,285 --> 00:27:19,507
- As a lawyer, Ms. Bell,
I assume you know
627
00:27:19,550 --> 00:27:22,118
the penal code for prostitution
in New York State?
628
00:27:22,162 --> 00:27:24,120
- Yes, and I know
where you're going,
629
00:27:24,164 --> 00:27:25,339
and this is not--
630
00:27:25,382 --> 00:27:27,080
- Didn't you just testify
you exchanged sex
631
00:27:27,123 --> 00:27:29,299
for monetary rewards?
- I was forced to.
632
00:27:29,343 --> 00:27:32,781
- Do you have any proof--
texts, emails, witnesses
633
00:27:32,825 --> 00:27:36,742
of your sex for success
arrangement
634
00:27:36,785 --> 00:27:39,658
with my client?
635
00:27:40,920 --> 00:27:42,704
- No.
636
00:27:42,748 --> 00:27:45,141
The judge was very careful.
- And you were very grateful?
637
00:27:45,185 --> 00:27:47,927
- Objection.
- I'll just prove my point.
638
00:27:47,970 --> 00:27:51,931
Would you please read aloud
639
00:27:51,974 --> 00:27:55,804
this email that you sent
to Judge Gallagher?
640
00:27:58,851 --> 00:28:03,812
♪
641
00:28:03,856 --> 00:28:07,729
- "Chip, a note of thanks
for all you've done for me.
642
00:28:07,773 --> 00:28:09,339
"I began my clerkship today,
643
00:28:09,383 --> 00:28:12,038
and I never would have made it
here without your support."
644
00:28:12,081 --> 00:28:14,083
- Does that sound
like the kind of note
645
00:28:14,127 --> 00:28:18,261
that a victim
sends to her rapist?
646
00:28:21,134 --> 00:28:23,223
- I think a part of me
was trying to pretend
647
00:28:23,266 --> 00:28:26,792
that what he did to me
didn't happen.
648
00:28:26,835 --> 00:28:29,751
He had recommended me
for the clerkship, so I--
649
00:28:29,795 --> 00:28:32,928
- And didn't you choose him
to swear you in as a lawyer?
650
00:28:32,972 --> 00:28:36,279
And didn't he
write a recommendation
651
00:28:36,323 --> 00:28:39,239
to the firm where you
are now a junior partner?
652
00:28:41,023 --> 00:28:42,198
- Yes, but that doesn't mean--
653
00:28:42,242 --> 00:28:43,852
- Your testimony seems to me
654
00:28:43,896 --> 00:28:47,900
like nothing more
than an ambitious young woman
655
00:28:47,943 --> 00:28:50,729
looking to hustle
some free Me Too publicity.
656
00:28:50,772 --> 00:28:52,600
- Objection.
- Withdrawn.
657
00:28:54,036 --> 00:28:56,125
No more questions.
658
00:28:56,169 --> 00:28:59,781
- Ms. Bell,
can you in any way benefit
659
00:28:59,825 --> 00:29:01,391
from your testimony here today?
660
00:29:01,435 --> 00:29:05,918
- No, not if it makes people
question how I got my job.
661
00:29:08,224 --> 00:29:10,400
I want to be fair.
662
00:29:10,444 --> 00:29:13,055
Gallagher did help me.
663
00:29:13,099 --> 00:29:15,144
That's why I didn't
come forward earlier.
664
00:29:15,188 --> 00:29:16,972
- But he did assault you?
665
00:29:17,016 --> 00:29:20,846
♪
666
00:29:20,889 --> 00:29:21,977
- Yes.
667
00:29:22,021 --> 00:29:25,067
- Nothing further.
Thank you.
668
00:29:25,111 --> 00:29:32,118
♪
669
00:29:37,645 --> 00:29:39,560
- How are you holding up?
670
00:29:39,603 --> 00:29:40,779
- Well, they were
both better at prep.
671
00:29:40,822 --> 00:29:42,563
- Well, they see him
sitting at the table
672
00:29:42,606 --> 00:29:44,608
and they get intimidated
all over again.
673
00:29:44,652 --> 00:29:47,176
- If I were on that jury,
sex for success
674
00:29:47,220 --> 00:29:50,136
versus inability consent,
I'd see reasonable doubt.
675
00:29:50,179 --> 00:29:51,746
I mean, this is textbook
"he said, she said."
676
00:29:51,790 --> 00:29:55,228
- Gallagher's favorite phrase.
677
00:29:55,271 --> 00:29:56,751
- April.
678
00:29:56,795 --> 00:29:58,535
- There's no reasonable doubt
about what happened to me.
679
00:29:58,579 --> 00:29:59,710
It was rape.
680
00:29:59,754 --> 00:30:01,843
I saw his lawyer's
press conference
681
00:30:01,887 --> 00:30:05,151
calling the other victims
opportunists or crazy
682
00:30:05,194 --> 00:30:06,892
or liars.
683
00:30:06,935 --> 00:30:08,719
I don't want Gallagher
to get away
684
00:30:08,763 --> 00:30:12,288
with what he's done.
I'll testify.
685
00:30:14,638 --> 00:30:19,513
I woke up lying
on a cold bathroom floor.
686
00:30:19,556 --> 00:30:22,559
I was naked
from the waist down.
687
00:30:22,603 --> 00:30:25,867
Chip Gallagher
was on top of me.
688
00:30:25,911 --> 00:30:28,217
He was raping me
689
00:30:28,261 --> 00:30:30,176
while one of his brothers
held me down.
690
00:30:30,219 --> 00:30:32,439
- Did you go to the police?
- No.
691
00:30:32,482 --> 00:30:35,703
I reported it to Hudson U.
They said they would handle it.
692
00:30:35,746 --> 00:30:37,836
- And did they?
- No.
693
00:30:37,879 --> 00:30:39,315
After they investigated,
694
00:30:39,359 --> 00:30:42,362
they declared
the case unfounded.
695
00:30:43,319 --> 00:30:44,755
- Thank you, Ms. Kelly.
696
00:30:44,799 --> 00:30:47,758
- Ms. Kelly, why do you think
697
00:30:47,802 --> 00:30:52,763
Hudson believed this encounter
was consensual?
698
00:30:52,807 --> 00:30:54,287
- I don't know.
699
00:30:54,330 --> 00:30:56,332
- Was it because none of
the supposed witnesses to this
700
00:30:56,376 --> 00:30:58,682
backed you up?
- They were his frat buddies.
701
00:30:58,726 --> 00:31:01,337
- Didn't campus police
interview two of your friends
702
00:31:01,381 --> 00:31:03,470
who said they saw no rape?
703
00:31:03,513 --> 00:31:06,952
- They weren't in the bathroom.
- Okay.
704
00:31:06,995 --> 00:31:10,303
You were drinking.
- Yes, I said that--one drink.
705
00:31:10,346 --> 00:31:14,611
- And you don't remember how
you got on that bathroom floor?
706
00:31:14,655 --> 00:31:15,786
- No.
707
00:31:15,830 --> 00:31:18,398
- So isn't it possible
you don't remember
708
00:31:18,441 --> 00:31:21,183
initiating
the sexual encounter?
709
00:31:21,227 --> 00:31:22,837
- Objection.
- Overruled.
710
00:31:22,881 --> 00:31:24,839
- I didn't.
He raped me.
711
00:31:24,883 --> 00:31:26,667
- But no rape kit,
no police report.
712
00:31:26,710 --> 00:31:29,235
- Well, they told me
if I reported it to the police,
713
00:31:29,278 --> 00:31:30,845
it could jeopardize
my scholarship.
714
00:31:30,889 --> 00:31:33,848
- And did you report this
to anyone?
715
00:31:33,892 --> 00:31:37,373
- I told a classmate--
Isaiah Holmes.
716
00:31:37,417 --> 00:31:41,464
- And did Mr. Holmes
do anything on your behalf?
717
00:31:41,508 --> 00:31:45,425
Did he report what you
supposedly told him?
718
00:31:45,468 --> 00:31:47,688
- I did tell him!
719
00:31:47,731 --> 00:31:52,823
Chip Gallagher raped me.
He ruined my life.
720
00:31:52,867 --> 00:31:54,782
I was gonna be a lawyer.
721
00:31:54,825 --> 00:31:56,915
- Were you?
722
00:31:56,958 --> 00:32:00,701
You failed out of Hudson.
This was 30 years ago.
723
00:32:00,744 --> 00:32:04,574
Isn't it possible
that you ruined your life
724
00:32:04,618 --> 00:32:05,749
all by yourself?
725
00:32:05,793 --> 00:32:07,708
- Objection,
badgering the witness.
726
00:32:07,751 --> 00:32:10,624
- Rephrase.
727
00:32:10,667 --> 00:32:12,931
You're unhappy with your life.
728
00:32:12,974 --> 00:32:15,281
Isn't it possible
you're looking
729
00:32:15,324 --> 00:32:17,979
for someone else to blame?
- I can't do this!
730
00:32:18,023 --> 00:32:19,763
I can't.
731
00:32:19,807 --> 00:32:21,417
- Your honor, request a recess.
732
00:32:21,461 --> 00:32:23,506
- I'm not finished with my line
of questioning, Your Honor.
733
00:32:23,550 --> 00:32:25,813
- I think the witness is.
734
00:32:25,856 --> 00:32:28,468
-
735
00:32:38,608 --> 00:32:40,045
- I tried to talk to April.
736
00:32:40,088 --> 00:32:41,655
She said she wished
I never brought any of this up.
737
00:32:41,698 --> 00:32:43,962
- I was the one that came
to you in the first place.
738
00:32:44,005 --> 00:32:45,746
- I thought I could
make things right,
739
00:32:45,789 --> 00:32:47,356
but I could not
help April today
740
00:32:47,400 --> 00:32:50,272
any more than I could
30 years ago.
741
00:32:50,316 --> 00:32:53,014
- You could testify to that.
742
00:32:53,058 --> 00:32:54,973
- I was in the courtroom
to be supportive of her.
743
00:32:55,016 --> 00:32:57,497
Calhoun will claim that taints
any testimony I give.
744
00:32:57,540 --> 00:32:59,629
- She will, but let me
take it to the judge.
745
00:32:59,673 --> 00:33:02,023
You were an outcry witness.
That has to carry weight.
746
00:33:02,067 --> 00:33:04,939
- And you think that'll make
any difference to the jury?
747
00:33:04,983 --> 00:33:07,637
- It'll make a difference
to Gallagher.
748
00:33:12,468 --> 00:33:14,296
When did April Kelly
tell you
749
00:33:14,340 --> 00:33:16,951
that she had been raped
by Chip Gallagher?
750
00:33:16,995 --> 00:33:19,954
- Your Honor, approach?
751
00:33:23,653 --> 00:33:25,829
Again, I object
to this witness.
752
00:33:25,873 --> 00:33:27,788
How do we know
Mr. Holmes' testimony
753
00:33:27,831 --> 00:33:29,137
hasn't been tailored to confirm
754
00:33:29,181 --> 00:33:32,010
what he heard
April Kelly claim on the stand?
755
00:33:32,053 --> 00:33:33,533
- We went over this
in chambers, Your Honor.
756
00:33:33,576 --> 00:33:36,405
- Ms. Calhoun, your objection
is on the record.
757
00:33:36,449 --> 00:33:39,060
You will have the opportunity
to cross-examine on that point,
758
00:33:39,104 --> 00:33:42,629
and, as I said,
I will remind the jury
759
00:33:42,672 --> 00:33:44,457
that when they evaluate
this testimony,
760
00:33:44,500 --> 00:33:47,808
they need to take Mr. Holmes'
earlier presence into account.
761
00:33:47,851 --> 00:33:50,506
Step back.
762
00:33:52,160 --> 00:33:55,381
You may proceed, Mr. Holmes.
763
00:33:55,424 --> 00:33:56,643
- April told me the next day.
764
00:33:56,686 --> 00:34:00,429
She was distraught, broken,
I'd say.
765
00:34:00,473 --> 00:34:01,778
I knew she was
telling the truth.
766
00:34:01,822 --> 00:34:03,606
- Was there another reason
that you believed her?
767
00:34:03,650 --> 00:34:05,739
- Yes, that morning
while serving them
768
00:34:05,782 --> 00:34:07,741
in the frat dining hall,
I heard Chip bragging
769
00:34:07,784 --> 00:34:11,136
about what he'd done to April.
- In front of you?
770
00:34:11,179 --> 00:34:12,659
- I believe
they were accustomed
771
00:34:12,702 --> 00:34:13,834
to not noticing the help.
772
00:34:13,877 --> 00:34:15,923
- And did you say anything
to Gallagher?
773
00:34:15,966 --> 00:34:18,099
- I tried to confront him.
- You tried?
774
00:34:18,143 --> 00:34:20,841
- I was a confused kid
in college,
775
00:34:20,884 --> 00:34:23,148
unsure of my own racial
and sexual identity.
776
00:34:23,191 --> 00:34:24,845
- Objection.
Relevance?
777
00:34:24,888 --> 00:34:26,499
- I'm getting to that,
Your Honor.
778
00:34:26,542 --> 00:34:30,720
What happened when you
confronted Mr. Gallagher?
779
00:34:30,764 --> 00:34:32,766
- He just smirked.
780
00:34:32,809 --> 00:34:34,202
Then he said,
if I reported him,
781
00:34:34,246 --> 00:34:35,769
he would tell everyone I was
"not just a half-breed
782
00:34:35,812 --> 00:34:39,033
but a homo," and that
he knew the school trustees.
783
00:34:39,077 --> 00:34:41,644
He could kill my scholarship
in a phone call.
784
00:34:41,688 --> 00:34:43,081
- Mm.
785
00:34:43,124 --> 00:34:47,433
And so you did not support
April's accusation?
786
00:34:48,738 --> 00:34:52,481
- No, to my lasting shame.
787
00:34:53,830 --> 00:34:55,702
- And even today,
is testifying
788
00:34:55,745 --> 00:34:58,139
against a sitting judge,
789
00:34:58,183 --> 00:35:00,098
a candidate
for state attorney general,
790
00:35:00,141 --> 00:35:03,188
a good career move for
an assistant district attorney?
791
00:35:03,231 --> 00:35:05,886
- I wouldn't think so.
792
00:35:05,929 --> 00:35:08,584
- So why are you
testifying today?
793
00:35:10,020 --> 00:35:12,545
- I am trying to right
794
00:35:12,588 --> 00:35:16,679
the worst moral lapse
of my life--
795
00:35:16,723 --> 00:35:18,725
my silence.
796
00:35:20,944 --> 00:35:23,164
My failure to come forward
on April's behalf
797
00:35:23,208 --> 00:35:25,732
haunts me to this day.
798
00:35:40,225 --> 00:35:42,140
- Okay, Tommy, hold the fort.
This'll all be over soon.
799
00:35:45,055 --> 00:35:49,190
- Isaiah,
looking a little pasty.
800
00:35:49,234 --> 00:35:51,584
Trying to get back at me
because I never tipped you
801
00:35:51,627 --> 00:35:53,542
for bussing my trays?
802
00:35:53,586 --> 00:35:55,153
- At least
you're consistent, Chip.
803
00:35:55,196 --> 00:35:58,199
Once an ass, always an ass.
- Said the bottom to the top.
804
00:35:58,243 --> 00:35:59,592
- Excuse me?
805
00:35:59,635 --> 00:36:03,596
- You know, 30 years ago,
a lot of guys didn't want
806
00:36:03,639 --> 00:36:06,251
even a closeted homo
touching their food,
807
00:36:06,294 --> 00:36:08,209
but I stood up for you.
808
00:36:08,253 --> 00:36:12,518
Now that you're a double token
sucking and jiving
809
00:36:12,561 --> 00:36:15,869
your way up the ladder,
this is how you repay me?
810
00:36:15,912 --> 00:36:18,219
- Did you feel anything
811
00:36:18,263 --> 00:36:20,178
watching April
fall apart on the stand?
812
00:36:20,221 --> 00:36:21,614
- She got what she wanted
that night.
813
00:36:21,657 --> 00:36:22,919
- She wanted to be raped?
814
00:36:22,963 --> 00:36:24,443
- It's a common
women's fantasy, Holmes,
815
00:36:24,486 --> 00:36:27,010
not that a faggot like you
would know what a woman wants.
816
00:36:27,054 --> 00:36:28,273
- The NYPD
can't have witnesses...
817
00:36:28,316 --> 00:36:29,274
- This is inadmissible
and illegal!
818
00:36:29,317 --> 00:36:30,362
- Working undercover.
819
00:36:30,405 --> 00:36:32,973
- Nobody at the NYPD
or my office
820
00:36:33,016 --> 00:36:34,627
asked Mr. Holmes to do this.
821
00:36:34,670 --> 00:36:36,542
- How did you come
to record this?
822
00:36:36,585 --> 00:36:38,457
- When Gallagher
came into the men's room,
823
00:36:38,500 --> 00:36:40,154
I sensed he was
going to threaten me,
824
00:36:40,198 --> 00:36:41,329
so I hit record.
825
00:36:41,373 --> 00:36:43,157
- Permissible
under New York state law.
826
00:36:43,201 --> 00:36:47,161
- This is out of context
men's room talk.
827
00:36:47,205 --> 00:36:48,467
You cannot allow it, Judge.
828
00:36:48,510 --> 00:36:52,166
- Actually, I can and I will.
829
00:36:55,213 --> 00:36:58,955
♪
830
00:36:58,999 --> 00:37:00,566
- Gallagher's taking a deal?
831
00:37:00,609 --> 00:37:02,263
- He doesn't want that tape
to get out.
832
00:37:02,307 --> 00:37:04,439
- He'll end his campaign
and plead to sexual misconduct.
833
00:37:04,483 --> 00:37:06,963
- How much time?
- A year under house arrest.
834
00:37:07,007 --> 00:37:08,922
- Figures, judge gets off easy.
835
00:37:08,965 --> 00:37:10,576
- It's not my call.
836
00:37:10,619 --> 00:37:12,099
The eighth floor
is very sensitive
837
00:37:12,142 --> 00:37:13,492
to being perceived
as using their power
838
00:37:13,535 --> 00:37:15,624
to punish political rivals.
- Carisi, we get it.
839
00:37:15,668 --> 00:37:16,886
Your hands were tied.
840
00:37:16,930 --> 00:37:18,105
- Yeah, we live
in divisive times.
841
00:37:18,148 --> 00:37:19,106
Gallagher has
a lot of supporters...
842
00:37:20,455 --> 00:37:21,935
Happy to see a conspiracy
against their hero.
843
00:37:21,978 --> 00:37:23,066
- Hey, well,
at least he's off the bench
844
00:37:23,110 --> 00:37:25,199
and on ankle bracelet.
845
00:37:25,243 --> 00:37:27,332
About to close this out.
846
00:37:32,946 --> 00:37:35,427
- Are you ready to allocute,
Judge Gallagher?
847
00:37:35,470 --> 00:37:37,646
- I am.
848
00:37:37,690 --> 00:37:41,215
Today I plead guilty
to sexual misconduct.
849
00:37:41,259 --> 00:37:44,044
What I thought was consensual
I now understand
850
00:37:44,087 --> 00:37:47,482
was perceived as coercive
and hurtful actions.
851
00:37:47,526 --> 00:37:49,658
- I understand there's a deal?
852
00:37:49,702 --> 00:37:50,964
- We've agreed
to the DA's offer
853
00:37:51,007 --> 00:37:53,532
of one year to be served
under house arrest.
854
00:37:53,575 --> 00:37:56,491
- Mr. Carisi, are you
comfortable with this?
855
00:37:56,535 --> 00:38:00,190
- My office is satisfied,
Your Honor.
856
00:38:03,498 --> 00:38:06,327
- Well, I'm not.
857
00:38:09,417 --> 00:38:12,507
Judge Gallagher,
you come from a good family,
858
00:38:12,551 --> 00:38:16,119
a fine home, and yet
despite all those advantages,
859
00:38:16,163 --> 00:38:20,602
upon achieving power,
you abused it habitually.
860
00:38:22,125 --> 00:38:24,476
So in the interest
of true justice
861
00:38:24,519 --> 00:38:26,347
for the women you've abused,
862
00:38:26,391 --> 00:38:30,177
I hereby order you to serve
your one year sentence
863
00:38:30,220 --> 00:38:33,615
in a jail cell.
- What?
864
00:38:33,659 --> 00:38:35,356
- It's fine.
- You can't do that.
865
00:38:35,400 --> 00:38:38,098
We had a deal!
- You did.
866
00:38:38,141 --> 00:38:41,449
And as you well understand,
the bench has inherent powers
867
00:38:41,493 --> 00:38:44,409
in these situations.
868
00:38:44,452 --> 00:38:46,411
♪
869
00:38:46,454 --> 00:38:51,198
The long arm of the law
can work both ways.
870
00:38:52,591 --> 00:38:55,768
You're remanded.
871
00:38:55,811 --> 00:38:58,074
Take Mr. Gallagher
into custody.
872
00:38:58,118 --> 00:38:59,511
- It's fine.
Don't worry.
873
00:38:59,554 --> 00:39:01,426
I will be in touch shortly.
874
00:39:07,345 --> 00:39:14,177
♪
875
00:39:16,615 --> 00:39:18,138
- How long
till he's out on appeal?
876
00:39:18,181 --> 00:39:19,357
- I don't care.
877
00:39:19,400 --> 00:39:20,358
It was worth it
to see the blood
878
00:39:20,401 --> 00:39:22,142
drain out of his face.
879
00:39:22,185 --> 00:39:24,013
- He just got a taste
of his own medicine.
880
00:39:24,057 --> 00:39:25,450
- Wouldn't have happened
without you, Counselor.
881
00:39:25,493 --> 00:39:27,060
You were brave
to get on the stand.
882
00:39:27,103 --> 00:39:28,409
- The women were.
I wasn't.
883
00:39:28,453 --> 00:39:30,585
What would have been brave--
if I'd taken a stand
884
00:39:30,629 --> 00:39:32,761
30 years ago.
- Take the win, Counselor.
885
00:39:32,805 --> 00:39:34,459
Listen, you feel
the need for penance,
886
00:39:34,502 --> 00:39:36,025
every case Gallagher
ever dismissed
887
00:39:36,069 --> 00:39:37,331
is now up for review.
888
00:39:37,375 --> 00:39:38,767
- Sounds like we have
some digging to do.
889
00:39:38,811 --> 00:39:42,118
- Excuse me.
I'll try not to gloat.
890
00:39:47,385 --> 00:39:49,648
- You all seem pleased
with yourselves.
891
00:39:49,691 --> 00:39:51,432
This was just the first round.
892
00:39:51,476 --> 00:39:53,565
- You know what I
don't understand?
893
00:39:53,608 --> 00:39:56,437
Rita, what the hell were you
thinking defending him?
894
00:39:56,481 --> 00:39:59,658
- Read the room, Olivia.
895
00:39:59,701 --> 00:40:02,269
The way the courts are packed,
Gallagher's side,
896
00:40:02,312 --> 00:40:06,447
these guys and women--
the next 30 years,
897
00:40:06,491 --> 00:40:09,189
every appeal all the way
to the Supreme Court.
898
00:40:09,232 --> 00:40:12,671
The fix is in.
- That's why we keep fighting.
899
00:40:12,714 --> 00:40:15,151
- Not if they won't
let you in the ring.
900
00:40:16,544 --> 00:40:20,069
Olivia, you keep staying
on the wrong side of this,
901
00:40:20,113 --> 00:40:23,508
you're gonna be marginalized
for the rest of your career.
902
00:40:23,551 --> 00:40:26,293
My advice...
903
00:40:28,730 --> 00:40:31,341
Lie back
and pretend you're enjoying it.
904
00:40:34,388 --> 00:40:58,325
♪
68713
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