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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:01,702 --> 00:00:03,682 In the criminal justice system... 2 00:00:03,770 --> 00:00:07,093 all defendants are innocent until proven guilty, 3 00:00:07,174 --> 00:00:11,532 either by confession, plea bargain or trial by jury. 4 00:00:11,612 --> 00:00:13,899 This is one of those trials. 5 00:00:14,982 --> 00:00:17,065 Take off your belt. What? Why? 6 00:00:17,150 --> 00:00:19,130 Just take it off. 7 00:00:20,454 --> 00:00:24,312 Watch, tie, 8 00:00:24,391 --> 00:00:26,610 shoelaces. 9 00:00:28,996 --> 00:00:30,919 Those too. 10 00:00:30,998 --> 00:00:32,783 Oh, you don't understand. These were a gift. 11 00:00:32,807 --> 00:00:33,807 In the bag. 12 00:00:36,670 --> 00:00:41,096 - What now? - Your hand. Pick up your coat. 13 00:00:43,710 --> 00:00:46,999 Gimme your right hand. Index finger. 14 00:00:54,488 --> 00:00:56,775 Move over there. 15 00:00:56,857 --> 00:00:59,338 Mr. Duvall, nice big smile. 16 00:00:59,426 --> 00:01:02,442 Prints accepted. Turn around. 17 00:01:02,529 --> 00:01:05,351 You don't have to do that. You have any sexually transmitted diseases? 18 00:01:05,432 --> 00:01:07,446 What? No. Then let's go. 19 00:01:07,534 --> 00:01:09,014 Where are we going? Central Booking. 20 00:01:09,102 --> 00:01:11,583 T.B.? Hepatitis? Of course not. 21 00:01:11,672 --> 00:01:13,595 Lice? No. 22 00:01:13,674 --> 00:01:15,688 History of seizures? No. 23 00:01:18,579 --> 00:01:21,162 I-I-I wanna make a call to my mother. 24 00:01:21,248 --> 00:01:25,640 Phone privileges are handed out in the order in which you were booked, so... 25 00:01:25,719 --> 00:01:27,699 you have to wait a while. 26 00:01:36,263 --> 00:01:38,778 I think that's for me. 27 00:01:38,865 --> 00:01:40,618 You Kibre? Tracey. 28 00:01:42,402 --> 00:01:44,485 It's solid. 29 00:01:44,571 --> 00:01:47,655 From what Novak told me, you two did good work on this. Thanks. 30 00:01:47,741 --> 00:01:52,133 We're looking for eight to 10 for the guy who beat Novak and took her off this case. 31 00:01:52,212 --> 00:01:54,636 Let's see if we can't do a little better for Mr. Duvall. 32 00:01:54,715 --> 00:01:57,037 Yep. How's she feeling? 33 00:01:57,117 --> 00:01:59,322 Casey? All right, considering. We got the guy 34 00:01:59,346 --> 00:02:01,475 for murdering one woman and raping another, 35 00:02:01,555 --> 00:02:04,741 so just tell us, please, there's no chance of him walkin' outta here tonight. 36 00:02:04,825 --> 00:02:06,714 I'd be shocked if he made bail. 37 00:02:06,793 --> 00:02:09,945 - Of course he made bail. - It was two million dollars. 38 00:02:10,030 --> 00:02:13,922 Chump change. We're talkin’ about the Duvall clan. 39 00:02:14,001 --> 00:02:16,170 That family's influence is one of the few 40 00:02:16,194 --> 00:02:18,655 things left that dates back further than I do. 41 00:02:18,739 --> 00:02:21,425 - Money doesn't mitigate murder. - Hey, you get no argument from me. 42 00:02:21,508 --> 00:02:23,966 You should have seen Gabriel's mother in arraignment court... 43 00:02:24,044 --> 00:02:27,162 That sense of entitlement, not to mention the fact she completely dis... 44 00:02:27,247 --> 00:02:30,172 - Oh, hello, Ellie. - I didn't mean to interrupt. 45 00:02:30,250 --> 00:02:32,936 Oh, of course you did. 46 00:02:33,020 --> 00:02:36,570 Assistant D.A. Kibre, this is Eleanor Duvall. How do you do? 47 00:02:36,657 --> 00:02:39,707 Tracey was just leaving. Hmm. 48 00:02:39,793 --> 00:02:41,682 Pleasure. 49 00:02:43,230 --> 00:02:45,449 Pretty girl. Come on, Ellie. 50 00:02:45,532 --> 00:02:49,458 You don't like wasting time any more than I like having it wasted. 51 00:02:49,536 --> 00:02:52,324 I don't expect you to put a stop to this nonsense, Arthur, 52 00:02:52,406 --> 00:02:55,661 but I do ask you to be compassionate. 53 00:02:55,742 --> 00:02:59,565 Gabriel is my only child. He's a good boy. 54 00:02:59,646 --> 00:03:01,569 Who's gotten himself into a heap of trouble. 55 00:03:01,648 --> 00:03:05,471 Oh, hokum. Attacking those women? Please. 56 00:03:05,552 --> 00:03:10,809 He couldn't have done it, Arthur. He was raised better than that. 57 00:03:11,892 --> 00:03:15,442 Well, I'll keep my eye on things. But you keep your eye on him. 58 00:03:15,529 --> 00:03:17,953 I won't blink. 59 00:04:28,335 --> 00:04:31,225 The only people who care about old money are old money. 60 00:04:31,304 --> 00:04:34,627 Heard she paid Branch a visit. She not a fan of our courthouse? 61 00:04:34,708 --> 00:04:39,362 I believe the word she used was "unclean." Still no hint of a plea from Whitaker. 62 00:04:39,446 --> 00:04:43,963 Leaving me to wonder what trumps D.N.A. evidence and a solid witness? 63 00:04:44,050 --> 00:04:47,669 Nina Zergin's grand jury testimony was unshakable. So was she. 64 00:04:47,754 --> 00:04:50,872 She risked everything to come forward on her rape. 65 00:04:50,957 --> 00:04:52,937 We're gonna get this guy, Casey. 66 00:04:56,163 --> 00:04:58,925 We found the D. N.A. of Gabriel Duvall and Marguerite 67 00:04:58,949 --> 00:05:01,420 Beauclaire, the deceased victim, on the tissue. 68 00:05:01,501 --> 00:05:03,959 Which was pulled from a precinct trash can. 69 00:05:04,037 --> 00:05:06,749 Would you be surprised if half the perps in New York left D.N.A. on it? 70 00:05:06,773 --> 00:05:10,323 Uh, w-wait a second. Can you speak to the technique that you employed? 71 00:05:10,410 --> 00:05:14,836 The defendant's sample was large and easy to develop. We used S. T. R. 72 00:05:14,915 --> 00:05:16,416 What about the victim's D.N.A.? 73 00:05:16,440 --> 00:05:18,704 There we were dealing - with a degraded sample. 74 00:05:18,785 --> 00:05:22,210 We had to use a composite I. D. That included S. T. R., S. N. I. P.— 75 00:05:22,289 --> 00:05:26,545 And mitochondrial D. N.A., which can't be used to positively I. D. someone, correct? 76 00:05:26,626 --> 00:05:30,176 In and of itself, no, but when read in conjunction with other analysis, it can. 77 00:05:30,263 --> 00:05:34,621 - Do the People have any further evidence? - No, Your Honor. 78 00:05:34,701 --> 00:05:36,941 Thank you. We'd like to call our own witness, Your Honor, 79 00:05:37,003 --> 00:05:38,926 to dispute M.E. Warner's opinion. 80 00:05:39,005 --> 00:05:41,071 There's no need. I'm well aware of the debate 81 00:05:41,095 --> 00:05:43,557 regarding the validity of a composite identification. 82 00:05:43,643 --> 00:05:46,727 The dust hasn't settled in the scientific world. 83 00:05:46,813 --> 00:05:49,635 When they are ready to accept it, so will my court. 84 00:05:49,716 --> 00:05:53,574 Can you still go forward with your indictment without the D.N.A. evidence? 85 00:05:53,653 --> 00:05:55,576 Without it, we cannot meet our burden. 86 00:05:55,655 --> 00:05:58,578 Well, then the count charging Gabriel Duvall with 87 00:05:58,602 --> 00:06:01,549 the murder of Marguerite Beauclaire is dismissed. 88 00:06:01,628 --> 00:06:04,678 But the one count of rape remains. 89 00:06:06,399 --> 00:06:09,380 He didn't commit a murder and leave nothing behind. 90 00:06:09,469 --> 00:06:12,291 - If it's out there, I'll find it. - Yeah? When? 91 00:06:12,372 --> 00:06:17,595 Listen. Everybody knows you were handed a crap case. Don't take it out on me. 92 00:06:18,912 --> 00:06:20,835 Suggestion? Yeah? 93 00:06:20,914 --> 00:06:24,601 I grew up with rich kids like Gabriel. 94 00:06:24,684 --> 00:06:26,903 There's one thing that they all have in common... 95 00:06:26,987 --> 00:06:29,240 Is that none of them were raised by their own mothers. 96 00:06:29,322 --> 00:06:31,780 So you're saying nanny? Look into it. 97 00:06:31,858 --> 00:06:35,477 Better yet, look into anybody who ever worked for the Duvalls. 98 00:06:35,562 --> 00:06:37,781 I just got off the phone with the civil clerk's office. 99 00:06:37,864 --> 00:06:40,179 Six years ago, a sexual harassment suit was 100 00:06:40,203 --> 00:06:42,814 filed against an employee of Everton Consulting. 101 00:06:42,903 --> 00:06:47,022 - Tell me it was our guy. - Gabriel does freelance work in their I.T. department. 102 00:06:48,108 --> 00:06:52,261 Another opportunity for you to work your magic with the ladies. 103 00:06:55,982 --> 00:07:00,704 You don't look like lawyers. Well, uh, we're D.A. investigators. 104 00:07:00,787 --> 00:07:03,677 Mind if we ask you a couple questions? About? 105 00:07:03,757 --> 00:07:05,565 The sexual harassment suit you filed against 106 00:07:05,589 --> 00:07:07,546 Gabriel Duvall— We know there was a settlement. 107 00:07:07,627 --> 00:07:09,744 Is this a criminal case? Mm-hmm. 108 00:07:09,829 --> 00:07:11,980 So confidentiality clauses don't apply? 109 00:07:13,566 --> 00:07:16,183 - I dated a lawyer. - Hmm. What inspired the suit? 110 00:07:16,269 --> 00:07:18,852 Gabriel worked out of a cube right next to the ladies’ room. 111 00:07:18,939 --> 00:07:21,522 Every time I'd come out, he'd be standing there waiting to talk. 112 00:07:21,608 --> 00:07:24,396 I felt bad for the guy, so I'd say we'd talk later. 113 00:07:24,477 --> 00:07:27,834 Well, the next time I'd go to the bathroom, he'd ask me if it was "later" yet. 114 00:07:27,914 --> 00:07:30,133 Sounds persistent, not dangerous. 115 00:07:30,216 --> 00:07:33,698 He'd say things to me no one in their right mind should say at work. 116 00:07:33,787 --> 00:07:36,040 I went to Human Resources, but they wouldn't act. 117 00:07:36,122 --> 00:07:39,081 Amazing what family money lets you get away with. 118 00:07:40,093 --> 00:07:42,505 - It was consensual. - Not according to Nina Zergin. 119 00:07:42,529 --> 00:07:45,385 She's saying that you raped her, and then you gave her $5,000. 120 00:07:45,465 --> 00:07:48,048 If I raped her, why would she take the money? 121 00:07:48,134 --> 00:07:51,286 Why were you having sex in an alley? I wouldn't bring a girl like that home. 122 00:07:51,371 --> 00:07:54,523 A jury's gonna love that. People have sex in all kinds of places. 123 00:07:54,607 --> 00:07:58,055 It was convenient. I think that's enough for one night. 124 00:07:58,144 --> 00:08:04,004 Oh, darling, you've hardly touched your dinner. I wanted meat loaf. 125 00:08:04,084 --> 00:08:07,566 Would it be all right if I was excused? I still have to unpack my books. 126 00:08:12,726 --> 00:08:17,346 Gabriel's very particular about routines. Well, he hates staying here. 127 00:08:17,430 --> 00:08:19,378 But with the press camped out on his doorstep... 128 00:08:19,402 --> 00:08:21,288 Anything you can do to make him comfortable. 129 00:08:21,368 --> 00:08:25,464 We've gotta keep him on his game for his testimony. Oh, that won't be necessary. 130 00:08:25,538 --> 00:08:28,861 Well, you didn't invite me here just to chat. 131 00:08:28,942 --> 00:08:33,425 We both know this is going to trial. This Nina girl... 132 00:08:34,514 --> 00:08:39,134 Is her testimony all the prosecution has? 133 00:08:41,788 --> 00:08:46,476 Nina called the community center. By the time I arrived, 134 00:08:46,559 --> 00:08:49,381 she'd already started to clean it up. 135 00:08:51,398 --> 00:08:54,050 She was in hysterics when I found her. 136 00:08:54,134 --> 00:08:56,922 Nina. 137 00:08:58,605 --> 00:09:01,325 Nina, are you hurt? 138 00:09:01,408 --> 00:09:06,767 - Were you here when they did this? - She was at work. The night shift. 139 00:09:09,215 --> 00:09:12,970 What does it say? It's what they call me now... 140 00:09:14,487 --> 00:09:17,912 in the street, at the market... 141 00:09:17,991 --> 00:09:20,244 "prostitute," "whore." 142 00:09:20,326 --> 00:09:22,249 She's not safe here. 143 00:09:22,328 --> 00:09:26,379 Hey, come on. Let's get you to a hotel until we can relocate you, okay? 144 00:09:26,466 --> 00:09:28,856 Okay. 145 00:09:28,935 --> 00:09:32,121 They did this to keep me from talking. 146 00:09:32,205 --> 00:09:35,289 Now I have no reason left not to. 147 00:09:35,375 --> 00:09:38,300 I can't believe you're not going after them for witness intimidation. 148 00:09:38,378 --> 00:09:41,803 How would we prove it— Trace the spray paint on Nina's walls? 149 00:09:41,881 --> 00:09:46,000 - Anyway, it only strengthened her resolve and showed us what they're thinking. - Which is? 150 00:09:46,086 --> 00:09:48,408 They're scared. Did you find our nanny yet? 151 00:09:48,488 --> 00:09:51,310 Eva Wilke. We know she was German. 152 00:09:51,391 --> 00:09:54,816 She left the Duvalls when Gabriel was packed off to military school. 153 00:09:54,894 --> 00:09:58,114 But she went back to Germany years ago. 154 00:09:59,732 --> 00:10:02,418 Well— before Nannygate, 155 00:10:02,502 --> 00:10:04,262 weren't most houses with staff hiring 156 00:10:04,286 --> 00:10:06,553 - undocumented workers? - I checked that. 157 00:10:06,639 --> 00:10:09,055 According to Immigration, the Duvalls have sponsored 158 00:10:09,079 --> 00:10:11,191 a series of aliens over the years. All legit. 159 00:10:11,277 --> 00:10:15,260 There was that nanny, and an Irish maid named Julia Lonegan. 160 00:10:15,348 --> 00:10:20,468 She's currently in the Bronx at the, uh, Fayerweather Nursing Home. 161 00:10:20,553 --> 00:10:23,136 You seem a lot younger than most of the residents here. 162 00:10:23,223 --> 00:10:27,149 C.H.F.—It's a technical term for a lazy ticker. Ah. 163 00:10:27,227 --> 00:10:31,744 I got tired of being a burden on everyone I loved, so I checked myself in here. 164 00:10:31,831 --> 00:10:34,881 Let me ask you. You came over from Ireland. 165 00:10:34,968 --> 00:10:38,325 Came to work for the Duvalls from 1971 to 1974. 166 00:10:38,404 --> 00:10:41,727 - Yes. - Not the best time to be in Belfast. 167 00:10:42,809 --> 00:10:45,463 My brother was killed in the uprising. My father 168 00:10:45,487 --> 00:10:47,998 knew someone here who worked for the Duvalls, 169 00:10:48,081 --> 00:10:51,336 so I went from being Catholic schoolgirl to housemaid. 170 00:10:51,417 --> 00:10:54,376 So why did you stop working for them? 171 00:10:54,454 --> 00:10:57,174 Because they asked me to. You're here about Gabriel. 172 00:10:57,257 --> 00:11:00,773 What makes you say that? It's just a matter of time. 173 00:11:00,860 --> 00:11:03,420 I'm sure he raped that woman. 174 00:11:03,496 --> 00:11:05,380 He was only 14 years old when you stopped 175 00:11:05,404 --> 00:11:07,684 workin' for the Duvalls. How would you know that? 176 00:11:09,469 --> 00:11:11,950 Because he raped me too. 177 00:11:17,277 --> 00:11:20,202 Both women are here? In two separate rooms. 178 00:11:20,280 --> 00:11:22,203 I hate putting Nina through this again. 179 00:11:22,282 --> 00:11:25,366 Well, it might help us find a signature. Signature? 180 00:11:25,451 --> 00:11:27,794 Serial rapists often exhibit a repetitive behavioral 181 00:11:27,818 --> 00:11:30,503 pattern. Sometimes they're not even aware they're doing it. 182 00:11:30,590 --> 00:11:34,448 If we can establish Gabriel's, we tie the two rapes together. And we've got him. 183 00:11:34,527 --> 00:11:38,953 - It's right here. - The nanny was away, so I was giving him his bath. 184 00:11:40,033 --> 00:11:42,753 He was 14— a little old for you to be bathing him, isn't he? 185 00:11:42,835 --> 00:11:46,727 Gabriel was forgetful. Uh, he was a little bit touched, you know? 186 00:11:46,806 --> 00:11:49,223 Sometimes he went days without washing, and 187 00:11:49,247 --> 00:11:51,858 the children at school were making fun of him. 188 00:11:51,945 --> 00:11:55,336 So I would draw the bath and wash his hair, and he'd do the rest. 189 00:11:55,415 --> 00:11:57,737 Okay. And this time, it was different. 190 00:11:57,817 --> 00:12:01,106 I know it wasn't right, but Mrs. Duvall insisted. 191 00:12:01,187 --> 00:12:05,739 I tried to hand him the washcloth, but he wouldn't take it. He seemed confused. 192 00:12:05,825 --> 00:12:10,081 - He was— you know. - Erect? 193 00:12:12,298 --> 00:12:16,952 He asked me to "take care of it," and then he said, "Please." 194 00:12:17,036 --> 00:12:19,961 He kept repeating that word: "Please." 195 00:12:20,039 --> 00:12:24,522 "Please." He said it over and over again. 196 00:12:24,611 --> 00:12:29,128 He had his pants down around his ankles. 197 00:12:32,986 --> 00:12:36,741 Nina, you take as much time as you need. 198 00:12:42,695 --> 00:12:45,551 He pulled my underpants off, 199 00:12:47,700 --> 00:12:50,522 leaned into me. 200 00:12:50,603 --> 00:12:55,189 Inside I could feel a burning. 201 00:12:56,276 --> 00:12:58,256 I was crying... 202 00:13:01,047 --> 00:13:05,940 Not just from the pain, but because of what he was taking from me. 203 00:13:09,722 --> 00:13:11,702 Then he stopped. 204 00:13:14,260 --> 00:13:18,311 I'm sorry. He stopped— 205 00:13:19,399 --> 00:13:21,721 To wipe away my tears. 206 00:13:22,802 --> 00:13:25,692 I didn't even realize I'd started crying. 207 00:13:26,773 --> 00:13:30,926 I was what they used to call a "good girl" in those days, 208 00:13:31,010 --> 00:13:33,696 and what he was doing, it hurt me. 209 00:13:33,780 --> 00:13:35,931 And he wiped away your tears? 210 00:13:37,016 --> 00:13:42,876 Yes. And then he started to rock me in his arms and stroke my hair, 211 00:13:42,955 --> 00:13:44,935 like a mother does a child. 212 00:13:45,024 --> 00:13:48,415 He stroked my hair and whispered, "Shush." 213 00:13:49,996 --> 00:13:55,355 He was finished, but he held me like a baby. 214 00:13:57,670 --> 00:14:01,061 Is that when he gave you the money? 215 00:14:01,140 --> 00:14:05,396 He put it in my hand and closed my fingers around it. 216 00:14:06,779 --> 00:14:09,795 Why would he do something like that? 217 00:14:09,882 --> 00:14:14,399 I felt it was my duty to tell Mrs. Duvall what had happened. 218 00:14:14,487 --> 00:14:18,071 She called me a whore, threw me out of the house. 219 00:14:18,157 --> 00:14:22,413 I had nowhere to go. I couldn't go home. 220 00:14:22,495 --> 00:14:25,078 I'm ashamed to admit it, 221 00:14:25,164 --> 00:14:28,555 but she gave me a great deal of money, and I took it. 222 00:14:31,304 --> 00:14:33,227 Did Gabriel see this? 223 00:14:33,306 --> 00:14:36,663 He was standing there in the doorway. 224 00:14:38,311 --> 00:14:40,928 Does the name Julia Lonegan mean anything to you? 225 00:14:41,013 --> 00:14:43,801 She worked for us. I fired her. 226 00:14:43,883 --> 00:14:45,863 Thank you, Rita. I'll take it from here. 227 00:14:49,622 --> 00:14:53,343 She's saying Gabriel raped her. 228 00:14:54,627 --> 00:14:59,315 That's ridiculous. Why should I give credence to lies? Well, to you it's lies. 229 00:14:59,399 --> 00:15:01,482 A jury can see it as convincing testimony. 230 00:15:01,567 --> 00:15:06,050 She demanded money. I gave it to her. She went away. 231 00:15:06,139 --> 00:15:08,859 Apparently not far enough. 232 00:15:10,810 --> 00:15:13,860 Gabriel may have had difficulties in the past, 233 00:15:13,946 --> 00:15:17,428 but he worked very hard to overcome them. 234 00:15:17,517 --> 00:15:21,739 No one will talk. That's just it. People are talking. 235 00:15:22,755 --> 00:15:25,805 It's time you did some talking of your own. 236 00:15:29,429 --> 00:15:33,355 The investigation into Nina's rape alluded to several other attacks, 237 00:15:33,433 --> 00:15:35,823 all ending with the victims receiving money. 238 00:15:35,902 --> 00:15:38,383 We get Julia's story in, 239 00:15:39,839 --> 00:15:43,731 and it opens the door to nailing Gabriel for the other rapes. 240 00:15:43,810 --> 00:15:47,531 Tracey, you might wanna take a look at this. 241 00:15:50,450 --> 00:15:53,807 Talk about the South Bronx Youth and Recreation Center. 242 00:15:53,886 --> 00:15:56,071 To which you have made a sizable donation. 243 00:15:56,155 --> 00:15:58,447 But I wouldn't be worth my weight if I didn't 244 00:15:58,471 --> 00:16:00,479 mention the trial. Your son, Gabriel... 245 00:16:00,560 --> 00:16:03,519 Unbelievable. is facing some pretty serious charges. 246 00:16:03,596 --> 00:16:06,213 We're an easy target. 247 00:16:06,299 --> 00:16:10,225 There's talk of more allegations from a former employee. 248 00:16:10,303 --> 00:16:13,853 Well, when you open your home to someone, 249 00:16:13,940 --> 00:16:17,627 you're putting yourself in a potentially vulnerable position. 250 00:16:17,710 --> 00:16:20,498 So you're saying there's no truth to her accusations? 251 00:16:20,580 --> 00:16:24,972 People hear the name Duvall and think "idle rich," 252 00:16:25,051 --> 00:16:28,738 but what I really am is a widow and a mother. 253 00:16:28,821 --> 00:16:32,076 I trusted someone, and she's betrayed my trust. 254 00:16:32,158 --> 00:16:34,946 You're saying she wanted money? 255 00:16:35,027 --> 00:16:40,455 Well, I'm not at liberty to discuss the case. 256 00:16:40,533 --> 00:16:43,856 These women, most of them work the night shift, cleaning offices and... 257 00:16:43,936 --> 00:16:47,418 And stores and— And fancy homes like this one. 258 00:16:47,507 --> 00:16:51,194 They can't afford to be here, but they are, because they have to believe... 259 00:16:51,277 --> 00:16:54,759 that Eleanor Duvall isn't the only one to be heard. 260 00:16:54,847 --> 00:16:58,295 There he is! Duvall, you gonna take some questions? 261 00:16:58,384 --> 00:17:01,206 Hey, come on. 262 00:17:01,287 --> 00:17:03,574 Rich rapist! 263 00:17:03,656 --> 00:17:06,911 On behalf of your— - Just make a statement. 264 00:17:06,993 --> 00:17:10,646 - Get a shot. - Put him in jail! 265 00:17:10,730 --> 00:17:13,154 He's guilty! 266 00:17:20,239 --> 00:17:22,390 You all right? Pervert! 267 00:17:22,475 --> 00:17:25,661 No, no, no. Come on. Let's get inside. Gabriel, come on. 268 00:17:29,682 --> 00:17:33,835 I'd really like to get you to a doctor. Gabriel? What? 269 00:17:33,920 --> 00:17:38,210 - A little farther over, that rock could've taken out your eye. - Oh, it's not just a rock. 270 00:17:38,291 --> 00:17:41,095 See, intense heat and pressure have transformed 271 00:17:41,119 --> 00:17:43,946 the shale into a— a conglomeration of minerals. 272 00:17:44,030 --> 00:17:45,953 You see how it glints? 273 00:17:46,032 --> 00:17:48,183 Yeah. I'm—I'm gonna call a doctor. 274 00:18:36,415 --> 00:18:38,761 I can't say that I'm surprised. What—that Trillin imposed 275 00:18:38,785 --> 00:18:40,864 a gag order, or that it took him so long to do it? 276 00:18:40,953 --> 00:18:43,599 Don't tell me to calm down. I've been waiting for over an hour. 277 00:18:43,623 --> 00:18:47,344 - Where's this Kibre person anyway? - She's right here. What's this about? 278 00:18:49,528 --> 00:18:51,679 Eleanor Duvall's smear campaign. 279 00:18:52,765 --> 00:18:55,234 If you're here to come forward about something 280 00:18:55,258 --> 00:18:57,317 Gabriel did to you— He didn't rape me. 281 00:18:57,403 --> 00:19:02,057 He raped my mother. Julia Lonegan's my mother. 282 00:19:02,141 --> 00:19:05,430 She helps you and gets called a money-grubbing whore on Larry King. 283 00:19:05,511 --> 00:19:11,166 What can we do? Stay away from her. You've done enough. 284 00:19:16,489 --> 00:19:19,448 Got your messages. What's up? 285 00:19:19,525 --> 00:19:22,279 I had a visit today from Julia Lonegan's daughter. 286 00:19:24,664 --> 00:19:27,418 Didn't know she had one. Neither did I. 287 00:19:27,500 --> 00:19:32,052 Checked her birth records. She's gonna be 31 in May. 288 00:19:32,138 --> 00:19:35,461 Julia didn't get married until a year after the birth, which means... 289 00:19:35,541 --> 00:19:37,554 there's a good chance that Meg is the product 290 00:19:37,578 --> 00:19:39,433 of her mother's rape and doesn't know it. 291 00:19:39,512 --> 00:19:44,997 - How can you be sure? - Well, Julia said she was a virgin when Gabriel raped her. 292 00:19:45,084 --> 00:19:47,565 If Meg is his daughter, I want to prove it. 293 00:19:48,721 --> 00:19:52,305 - You're not gonna tell her. - Oh, come on, Casey. 294 00:19:52,391 --> 00:19:54,439 I got handed a dog here: 295 00:19:54,527 --> 00:19:59,215 a murder charge that evaporated, a rape victim with nothing more than her word, 296 00:19:59,298 --> 00:20:04,248 no D.N.A., no witnesses— and to back it all up— an alleged rape from 30 years ago? 297 00:20:05,337 --> 00:20:07,488 You try what you have. 298 00:20:07,573 --> 00:20:12,329 Well, without Meg's D.N.A., I have no chance in hell. 299 00:20:16,716 --> 00:20:20,665 My mother already told you everything. What more do you want? 300 00:20:20,753 --> 00:20:23,973 We need a D.N.A. sample. I won't let her give you one. 301 00:20:24,056 --> 00:20:26,446 Not from your mother, from you. 302 00:20:30,830 --> 00:20:32,753 Oh, my God. 303 00:20:34,233 --> 00:20:36,919 Your mother told you about Gabriel Duvall. 304 00:20:39,672 --> 00:20:43,291 When? This morning. 305 00:20:43,375 --> 00:20:48,200 A cop called her asking for my work address. She hung up on them and called me. 306 00:20:51,183 --> 00:20:54,005 It was you who called. 307 00:20:55,454 --> 00:20:58,743 Your mother is the only one that had the right to tell you. I just... 308 00:20:58,824 --> 00:21:01,783 made sure that it happened that way. 309 00:21:03,996 --> 00:21:07,114 I already have a father. 310 00:21:07,199 --> 00:21:13,127 The man who raised you and the man who loved you will always be your father, 311 00:21:13,205 --> 00:21:15,857 and nothing is ever gonna change that. 312 00:21:19,111 --> 00:21:23,401 This isn't happening. That monster raped my mother. 313 00:21:27,953 --> 00:21:32,505 Your mother found the courage to tell us what happened. 314 00:21:34,093 --> 00:21:37,052 Your mother found her voice. 315 00:21:40,166 --> 00:21:42,647 Don't be the one to silence it. 316 00:22:21,907 --> 00:22:23,887 Thank you. 317 00:22:26,612 --> 00:22:32,040 The D.N.A. is a match. In 1974, Julia Lonegan was raped by Gabriel Duvall. 318 00:22:32,117 --> 00:22:34,803 - Allegedly. - She'll testify to that fact. 319 00:22:34,887 --> 00:22:38,073 We're talking about something that may have happened 30 years ago. 320 00:22:38,157 --> 00:22:41,548 There's no bright-line rule that determines when Molineaux evidence is too remote. 321 00:22:41,627 --> 00:22:43,624 The complainant is a woman who is currently under a 322 00:22:43,648 --> 00:22:45,787 doctor's care. She's taking a series of medications... 323 00:22:45,865 --> 00:22:50,417 H.C.T.Z., benzos— all of which have been proven to cause confusion in the elderly. 324 00:22:50,502 --> 00:22:52,585 Take it up on cross. 325 00:22:52,671 --> 00:22:56,119 - And I'd hardly call 55 "elderly." - Well... 326 00:22:56,208 --> 00:23:00,964 I'll issue my ruling on the admissibility of the Molineaux evidence after lunch. 327 00:23:01,046 --> 00:23:03,732 Thank you. 328 00:23:04,984 --> 00:23:07,465 Ladies first. 329 00:23:11,357 --> 00:23:14,509 Eleanor, sorry I'm late. We went over. Mm-hmm. 330 00:23:14,593 --> 00:23:16,516 Where's Gabriel? Oh, just takin' a walk. 331 00:23:16,595 --> 00:23:19,315 We're gonna meet back at the courthouse after lunch. 332 00:23:19,398 --> 00:23:21,913 Was that girl there? No. 333 00:23:22,001 --> 00:23:26,951 Neither was the mother. I suppose she's expecting some inheritance. 334 00:23:27,039 --> 00:23:29,964 We'll burn that bridge when we come to it. So where are we? 335 00:23:30,042 --> 00:23:33,297 If the judge doesn't allow Julia Lonegan's testimony, it goes away... 336 00:23:33,379 --> 00:23:35,632 Jury never hears about it, and your position stands. 337 00:23:35,714 --> 00:23:40,038 In other words, it never happened. Nina's word against his. 338 00:23:40,119 --> 00:23:42,768 On the other hand, if Julia's testimony does get in, 339 00:23:42,792 --> 00:23:45,774 along with the fact that her daughter's D.N.A. is a match, 340 00:23:45,858 --> 00:23:48,043 a jury could believe it. 341 00:23:48,127 --> 00:23:50,517 And if they believe that Gabriel raped Julia, there's a... 342 00:23:50,596 --> 00:23:53,516 There's a good chance that they'll believe he did the same to Nina Zergin. 343 00:23:53,565 --> 00:23:57,149 What are we going to do? Convince them otherwise. 344 00:23:58,237 --> 00:24:02,595 Gabriel was 14 at the time, and Julia was 23. 345 00:24:02,675 --> 00:24:05,031 I mean, who's to say that she didn't seduce him? 346 00:24:08,113 --> 00:24:11,504 Mr. Whitaker, where, oh, where can your client be? 347 00:24:11,583 --> 00:24:15,532 - I believe he's on his way. - Believing and knowing are two very different things. 348 00:24:15,621 --> 00:24:19,137 The defendant's violating the terms of his release. You're correct, 349 00:24:19,224 --> 00:24:22,240 and I'm issuing a bench warrant for his arrest. 350 00:24:22,328 --> 00:24:25,184 Now let's proceed with our discussion while we await his arrival. 351 00:24:25,264 --> 00:24:28,416 I've reviewed your supplementary briefs, and... 352 00:24:28,500 --> 00:24:31,550 I believe that the crime was simply too remote. 353 00:24:31,637 --> 00:24:34,391 But Your Honor— The timeline isn't all that concerns me. 354 00:24:34,473 --> 00:24:37,030 Even if Mr. Duvall had been tried and convicted 355 00:24:37,054 --> 00:24:39,195 of rape at the time, he was a juvenile. 356 00:24:39,278 --> 00:24:42,396 - Right. - We're not asking for a juvenile conviction to be admitted, 357 00:24:42,481 --> 00:24:44,939 simply the substance of the bad act. 358 00:24:45,017 --> 00:24:47,202 And either way, the records would have been sealed. 359 00:24:47,286 --> 00:24:50,973 Julia Lonegan's testimony is out. 360 00:24:51,991 --> 00:24:54,037 I don't know which is worse— losing Julia's 361 00:24:54,061 --> 00:24:56,179 testimony or having to tell her that we did. 362 00:24:56,261 --> 00:24:58,412 You can't second-guess it. Why not? 363 00:24:58,497 --> 00:25:00,619 Only took us a couple of days to screw up what 364 00:25:00,643 --> 00:25:02,650 had took her 30 years to try to make right. 365 00:25:02,735 --> 00:25:07,491 She didn't have to come forward. We would have pushed her, and you know it. 366 00:25:07,573 --> 00:25:10,361 Give me a good old-fashioned homicide any day... 367 00:25:10,442 --> 00:25:12,866 Then you don't have to look your victim in the face. 368 00:25:12,945 --> 00:25:14,959 Did you check your pager? 369 00:25:15,047 --> 00:25:18,370 Gabriel Duvall was just arrested. He jumped a woman down on Varick. 370 00:25:18,450 --> 00:25:21,568 Son of a bitch did it again. Well, not quite. 371 00:25:21,653 --> 00:25:24,578 They caught him before he got the chance to follow through. 372 00:25:24,656 --> 00:25:28,445 She fits his pattern: 23 years old, domestic. 373 00:25:28,527 --> 00:25:30,280 Where is he now? 374 00:25:30,362 --> 00:25:33,082 Lawyer still hasn't showed? 375 00:25:33,165 --> 00:25:36,454 I-I don't need Mr. Whitaker here to explain this misunderstanding. 376 00:25:36,535 --> 00:25:39,714 Whoa. You— you slow down. We can't discuss this case without your lawyer present. 377 00:25:39,738 --> 00:25:43,288 - This is a waste of time. Let me explain. - Can't! Against the rules. 378 00:25:43,375 --> 00:25:45,186 I-I was agitated because of what happened in the 379 00:25:45,210 --> 00:25:47,122 judge's chambers. Like we said, we can't hear you. 380 00:25:47,146 --> 00:25:48,969 Can you imagine the gasket Whitaker would blow 381 00:25:48,993 --> 00:25:50,799 if he thought we were questioning his client? 382 00:25:50,883 --> 00:25:53,500 Forget the lawyer. I'm worried about his mother. 383 00:25:54,586 --> 00:25:56,765 Well, I believe I can explain my own actions without 384 00:25:56,789 --> 00:25:59,035 my mother. We've advised you of your rights. 385 00:25:59,124 --> 00:26:04,108 That girl you say I attacked wanted to help me. That's what those people do. 386 00:26:05,697 --> 00:26:09,816 When I was a child and I got excited, my nanny took care of it. 387 00:26:10,903 --> 00:26:14,328 She didn't want me touching it. She said it wasn't allowed. 388 00:26:15,407 --> 00:26:18,991 It's like she said: If someone doesn't make it go down, you have to cut it off. 389 00:26:19,078 --> 00:26:21,638 Gabriel, shut up. You two, out. 390 00:26:21,713 --> 00:26:25,332 Well, since he asked so nicely. 391 00:26:32,524 --> 00:26:35,505 I want you to take me home now. 392 00:26:37,830 --> 00:26:39,787 Can't do that this time. What do you mean? 393 00:26:39,865 --> 00:26:43,011 They're not taking that woman seriously? She hit on me. She says you attacked her. 394 00:26:43,035 --> 00:26:44,515 That's a lie! Calm down. 395 00:26:44,603 --> 00:26:48,222 - Gabriel— - Is this a trick? This must be a trick. 396 00:26:48,307 --> 00:26:50,697 They're paying her to do this so they can keep me here! 397 00:26:52,244 --> 00:26:54,519 Now your sex life has caught up with you, and you're gonna 398 00:26:54,543 --> 00:26:56,644 have to pay for it unless you listen to me right now. 399 00:26:57,649 --> 00:26:59,868 There's one way I see us beating this, 400 00:26:59,952 --> 00:27:04,208 but I'm gonna need you to go along with it all the way. 401 00:27:12,264 --> 00:27:16,952 Happy? What can I say? Christmas came early this year. 402 00:27:17,035 --> 00:27:18,836 You know I'm getting the interrogation tossed 403 00:27:18,860 --> 00:27:20,483 out. It was more like an opera. 404 00:27:20,572 --> 00:27:24,395 They couldn't keep your guy from singin'. No. They crossed the line. 405 00:27:24,476 --> 00:27:28,993 I don't need his words. His actions speak for themselves. We'll see. 406 00:27:29,081 --> 00:27:31,539 In case you forgot, this is where we talk plea. 407 00:27:31,617 --> 00:27:34,837 Oh, I wouldn't be serving my client well if I recommended an admission. 408 00:27:34,920 --> 00:27:37,378 You're nuts. No. 409 00:27:37,456 --> 00:27:42,110 My client is. I'm filing notice of an insanity defense. 410 00:27:48,734 --> 00:27:52,091 How about this one? Excited? 411 00:27:52,171 --> 00:27:54,527 No, wait. That's wrong. 412 00:27:55,774 --> 00:27:59,199 Funny. I'm not sure. 413 00:27:59,278 --> 00:28:03,898 What do you do when you can't tell what someone's thinking just by looking at them? 414 00:28:03,982 --> 00:28:06,770 I listen. To their voice? 415 00:28:06,852 --> 00:28:09,936 No. That can be misleading. People sometimes employ sarcasm. 416 00:28:10,022 --> 00:28:12,742 It affects their tone. I listen to the words. 417 00:28:12,824 --> 00:28:15,077 Do you think people always say what they mean? 418 00:28:15,160 --> 00:28:17,208 Why would they say it if they didn't mean it? 419 00:28:20,332 --> 00:28:22,619 I know that one: surprise. 420 00:28:22,701 --> 00:28:26,991 That's right. How did you know? 421 00:28:27,072 --> 00:28:30,554 At home we have books on nonverbal communication— body language. 422 00:28:30,642 --> 00:28:32,929 You work hard at reading people. 423 00:28:33,011 --> 00:28:35,731 I try. But the books, they're limited. 424 00:28:37,449 --> 00:28:40,897 For example, your arms are crossed. That's an aggressive stance. Are you threatened? 425 00:28:40,986 --> 00:28:42,636 No. Well, you see? 426 00:28:43,822 --> 00:28:47,509 Human behavior isn't discernible, because it isn't fixed. 427 00:28:47,593 --> 00:28:52,611 You can never really know what a person means by how they look or what they say. 428 00:28:52,698 --> 00:28:56,055 Ten different people have 10 different smiles. 429 00:28:57,135 --> 00:29:01,357 I know you don't want to hear it, but I agree with the defense's evaluation. 430 00:29:01,440 --> 00:29:04,049 You're saying he's autistic. Asperger's Syndrome 431 00:29:04,073 --> 00:29:06,925 does fall within the spectrum of autistic disorders, 432 00:29:07,012 --> 00:29:09,834 but there is a debate as to where it fits. 433 00:29:09,915 --> 00:29:12,250 It's a convenient time for a diagnosis. Well, 434 00:29:12,274 --> 00:29:14,842 A.S. was virtually unknown until a few years ago. 435 00:29:14,920 --> 00:29:18,209 In many cases, it went undiagnosed or ignored. 436 00:29:19,391 --> 00:29:23,317 So they're gonna use it as some kind of an excuse? It'll be hard. 437 00:29:23,395 --> 00:29:26,650 There's no known connection between A.S. and violence. 438 00:29:26,732 --> 00:29:31,318 - So this isn't typical behavior for someone with this syndrome? - Absolutely not. 439 00:29:31,403 --> 00:29:33,912 As a matter of fact, most people who suffer from A.S. 440 00:29:33,936 --> 00:29:36,660 are much more likely to be the victim than the aggressor. 441 00:29:36,742 --> 00:29:40,292 So you want me to feel sorry for him? Liz, he raped and ran. 442 00:29:41,380 --> 00:29:47,012 I'm here to make a psychological assessment, Tracey, not defend his actions. 443 00:29:48,086 --> 00:29:50,898 A.S. certainly isn't the cause, but it could be 444 00:29:50,922 --> 00:29:53,878 a factor in Gabriel's aggressive sexual behavior. 445 00:29:55,260 --> 00:29:59,777 Or a last-ditch effort to set a serial rapist and murderer free. 446 00:30:01,867 --> 00:30:06,521 Your calendar just opened up. I'm not gonna be calling you to the stand. 447 00:30:08,507 --> 00:30:11,432 Can you point to the man who raped you? 448 00:30:12,944 --> 00:30:16,528 May the record reflect that the witness has identified... 449 00:30:16,615 --> 00:30:19,005 the defendant, Gabriel Duvall. 450 00:30:19,084 --> 00:30:23,010 The record shall so reflect. Thank you, Nina. 451 00:30:28,460 --> 00:30:30,747 Miss Zergin, you... 452 00:30:30,829 --> 00:30:34,846 You said that you were coming from the subway when you were attacked. 453 00:30:34,933 --> 00:30:36,788 Is that correct? Yes. 454 00:30:36,868 --> 00:30:40,418 - Was the train crowded? - It was 3:00 in the morning. 455 00:30:40,505 --> 00:30:43,555 Did you happen to notice if Mr. Duvall was riding in the same car as you? 456 00:30:43,642 --> 00:30:47,261 I don't know. I bring a book along with me to read. 457 00:30:47,346 --> 00:30:52,102 - Are you saying that he wasn't there, or that you didn't see him? - I didn't see him. 458 00:30:52,184 --> 00:30:55,973 - So you didn't talk to Mr. Duvall? - Objection. Asked and answered. 459 00:30:56,054 --> 00:30:57,875 Mr. Whitaker, you've made your point. 460 00:31:00,959 --> 00:31:03,383 So when you were leaving the train, 461 00:31:03,462 --> 00:31:07,820 did you, uh, happen to ask anybody for the time? 462 00:31:20,445 --> 00:31:22,493 Oh. I... 463 00:31:22,581 --> 00:31:25,767 Did you ask Mr. Duvall what time it was? 464 00:31:25,851 --> 00:31:30,971 Yes. 465 00:31:31,056 --> 00:31:33,810 So he was on the train with you? 466 00:31:35,894 --> 00:31:37,942 I didn't remember. 467 00:31:41,867 --> 00:31:44,086 Did you look at him when you asked him? 468 00:31:44,169 --> 00:31:48,152 I must have. Did you smile? 469 00:31:48,240 --> 00:31:51,426 - Objection. Relevance? - I'll allow it. 470 00:31:53,512 --> 00:31:56,164 I don't know. 471 00:31:57,249 --> 00:31:59,605 Don't you usually smile when you ask someone for a favor? 472 00:31:59,684 --> 00:32:02,142 - Objection! - Sustained. 473 00:32:03,755 --> 00:32:07,408 You looked at no one but my client. You spoke to no one but my client. 474 00:32:07,492 --> 00:32:10,382 You singled him out, and you asked him what time it was, yes or no? 475 00:32:19,805 --> 00:32:21,728 Yes! 476 00:32:23,708 --> 00:32:25,688 No further questions. 477 00:32:28,146 --> 00:32:31,969 When in doubt, blame the victim. They're gonna need a lot more than that. 478 00:32:33,051 --> 00:32:35,475 It's an addendum to the witness list. Who? 479 00:32:35,554 --> 00:32:37,534 Dr. Elizabeth Olivet. 480 00:32:39,891 --> 00:32:43,475 When you meet someone for the first time, you make a series of judgments. 481 00:32:43,562 --> 00:32:46,142 You take into account their expressions, the tone of 482 00:32:46,166 --> 00:32:48,921 their voice. How is it different for someone with A.S.? 483 00:32:49,000 --> 00:32:52,186 They find it more difficult to read social signals. 484 00:32:52,270 --> 00:32:55,752 So asking someone for the time could be confused with a come-on. 485 00:32:55,841 --> 00:32:58,857 - Objection. Relevance. - Sustained. 486 00:32:58,944 --> 00:33:02,096 How does A.S. affect sexual development? 487 00:33:02,180 --> 00:33:04,520 In the social aspect of sexual development, people 488 00:33:04,544 --> 00:33:06,766 with Asperger's tend to lag behind their peers. 489 00:33:06,852 --> 00:33:08,879 Uh, can they ever catch up? 490 00:33:08,903 --> 00:33:11,210 Most people do if they receive proper care. 491 00:33:11,289 --> 00:33:14,339 In my opinion, Mr. Duvall did not. 492 00:33:14,426 --> 00:33:16,349 Can you elaborate on that? 493 00:33:16,428 --> 00:33:21,116 All pubescent boys experiment: touch themselves, masturbate. 494 00:33:21,199 --> 00:33:24,351 Gabriel wasn't allowed to mature through this process. 495 00:33:24,436 --> 00:33:25,365 What stopped him? 496 00:33:25,389 --> 00:33:28,249 - In order to keep him from touching himself in public, 497 00:33:28,273 --> 00:33:31,755 his nanny would manually cause him to ejaculate. 498 00:33:31,843 --> 00:33:35,894 Under what circumstances did Gabriel allow this to occur? 499 00:33:35,981 --> 00:33:38,803 - Objection. Hearsay. - Overruled. 500 00:33:39,885 --> 00:33:43,811 He told me that his nanny would "take care of him” in the bathtub, 501 00:33:43,889 --> 00:33:46,108 and then wash the tub down with bleach. 502 00:33:46,191 --> 00:33:48,877 Are people with A.S. especially sensitive to odors? 503 00:33:48,960 --> 00:33:51,646 And tastes and sounds, yes. 504 00:33:51,730 --> 00:33:53,916 There's been testimony that Mr. Duvall's first 505 00:33:53,940 --> 00:33:56,486 sexual experiences culminated in the smell of bleach. 506 00:33:56,568 --> 00:33:58,693 On the night in question, Miss Zergin was coming 507 00:33:58,717 --> 00:34:00,687 home from work smelling of cleaning liquids. 508 00:34:00,772 --> 00:34:03,364 Doctor, can you state with a reasonable degree of psychiatric 509 00:34:03,388 --> 00:34:05,961 certainty whether Mr. Duvall could have made a connection... 510 00:34:06,044 --> 00:34:09,628 between Miss Zergin and his first sexual experiences with his nanny? 511 00:34:09,714 --> 00:34:11,137 It's possible. 512 00:34:13,785 --> 00:34:15,765 Thank you. 513 00:34:17,822 --> 00:34:21,714 There's no genetic marker for A.S., is there? That's correct. 514 00:34:21,793 --> 00:34:24,025 No physiological evidence one can point to 515 00:34:24,049 --> 00:34:26,413 that indicates someone has it? That's right. 516 00:34:26,498 --> 00:34:30,447 No blood test you could run, no brain scan? No. 517 00:34:30,535 --> 00:34:33,687 Could a person fake the symptoms of A.S.? 518 00:34:33,772 --> 00:34:36,958 I'd like to think that I can tell the difference. 519 00:34:37,042 --> 00:34:41,559 Well, how do you tell the difference between a man with a genuine disorder... 520 00:34:41,646 --> 00:34:44,095 and a rapist looking for the perfect excuse? 521 00:34:44,119 --> 00:34:44,764 Objection. 522 00:34:44,849 --> 00:34:45,965 Sustained. 523 00:34:47,519 --> 00:34:49,442 Nothing further. 524 00:34:54,993 --> 00:34:56,916 I want you to take the stand. 525 00:34:56,995 --> 00:34:59,851 We can't always have what we want, Mr. Whitaker. 526 00:34:59,931 --> 00:35:03,686 I understand your concerns, but we have to think about what's best for Gabriel. 527 00:35:03,768 --> 00:35:06,124 You want me to say that my son is crazy. 528 00:35:06,204 --> 00:35:09,959 Not crazy. Different. 529 00:35:10,041 --> 00:35:12,556 It's important that a jury hears a mother's side of the story. 530 00:35:14,479 --> 00:35:18,337 Gabriel, dear, why don't you see if Mrs. Judson can make you something? 531 00:35:18,416 --> 00:35:20,339 No, I think I'll stay. 532 00:35:21,987 --> 00:35:24,502 If I have to, Eleanor, I'll subpoena you. 533 00:35:24,589 --> 00:35:27,445 You'll do no such thing. What's more, 534 00:35:27,525 --> 00:35:31,314 I won't have you talking some absurd defense strategy... 535 00:35:31,396 --> 00:35:35,652 in front of my son without my consent. 536 00:35:35,734 --> 00:35:39,387 - You're fired. - I'm afraid you're not my client. 537 00:35:39,471 --> 00:35:44,057 - Gabriel, am I fired? - No. 538 00:35:45,310 --> 00:35:49,702 - He doesn't decide what happens. - He's my client. He decides everything. 539 00:35:54,686 --> 00:35:57,008 And he's still in the room. 540 00:35:58,089 --> 00:36:00,137 Stop talking around me. 541 00:36:12,537 --> 00:36:14,843 I repeat, I have been forced to be here 542 00:36:14,867 --> 00:36:17,555 against my will. I'll ask the question again. 543 00:36:17,642 --> 00:36:21,192 When did you first notice that your son was different? 544 00:36:21,279 --> 00:36:25,034 Well, I don't know what you mean. All children are different. 545 00:36:25,116 --> 00:36:28,735 Isn't it a fact that Gabriel has always had difficulties socially? 546 00:36:28,820 --> 00:36:32,939 Gabriel was and is a perfect son. 547 00:36:33,024 --> 00:36:35,778 I have nothing else to say. 548 00:36:35,860 --> 00:36:39,308 So you never saw any signs of abnormal behavior? 549 00:36:40,398 --> 00:36:43,254 We're all built differently. That's what makes us unique. 550 00:36:44,602 --> 00:36:47,288 Did you ever take Gabriel to a specialist? Certainly. 551 00:36:47,372 --> 00:36:51,127 One said it was marginal cerebral palsy, 552 00:36:51,209 --> 00:36:54,065 another thought it might be motor issues. 553 00:36:54,145 --> 00:36:56,660 And now you say it's this. 554 00:36:56,748 --> 00:36:59,094 I mean, every few years, another German comes 555 00:36:59,118 --> 00:37:01,436 along, and they name a new disorder for him. 556 00:37:01,519 --> 00:37:05,911 My son is sensitive and highly strung, nothing more. 557 00:37:05,990 --> 00:37:10,348 So you sought help, but when you didn't hear what you wanted, you did nothing. 558 00:37:10,428 --> 00:37:15,253 Well, there was nothing to do. My son is fine. 559 00:37:18,203 --> 00:37:20,126 Nothing further. 560 00:37:21,439 --> 00:37:24,227 Uh, no, no. You— You listen to me now. 561 00:37:24,309 --> 00:37:28,292 When Gabriel was 10, a boy pushed him down in the dirt... 562 00:37:28,379 --> 00:37:32,532 and stole a book that belonged to Gabriel. 563 00:37:32,617 --> 00:37:35,598 Gabriel hit the boy and broke his nose. 564 00:37:35,687 --> 00:37:40,307 When he came home, he was covered with blood. He was so upset. 565 00:37:40,391 --> 00:37:45,682 He was all apologies, tears. He's fragile. 566 00:37:45,764 --> 00:37:48,017 He hates violence. 567 00:37:48,099 --> 00:37:51,183 He couldn't possibly do the things they say he's done. Hmm. 568 00:37:51,269 --> 00:37:53,249 Thank you, Mrs. Duvall. 569 00:37:55,840 --> 00:37:57,820 That's all. 570 00:38:04,015 --> 00:38:07,998 When Gabriel showed up bloodied on your doorstep, you're saying he felt remorse? 571 00:38:08,086 --> 00:38:12,569 Yes. My son is a human being, not a monster. 572 00:38:12,657 --> 00:38:15,809 He felt regret for his actions? Oh, deeply. 573 00:38:15,894 --> 00:38:18,250 So he can tell the difference between right and wrong? 574 00:38:18,329 --> 00:38:20,377 - Objection. - Overruled. 575 00:38:20,465 --> 00:38:23,913 My son is not a person who doesn't feel things. 576 00:38:24,002 --> 00:38:28,258 We taught him compassion. Did you also teach him that it was okay to rape? 577 00:38:30,141 --> 00:38:33,100 Certainly not. So when Gabriel raped Nina Zergin, 578 00:38:33,178 --> 00:38:37,730 he knew what he was doing was wrong? 579 00:38:37,816 --> 00:38:41,867 No, you're twisting my words. Uh—She's turning everything inside out. 580 00:38:41,953 --> 00:38:44,775 If you can, please answer the question. 581 00:38:44,856 --> 00:38:48,714 How can you expect me to answer a question like that? 582 00:38:50,595 --> 00:38:55,078 My son did not rape that woman. He did not rape anybody. 583 00:38:56,100 --> 00:38:58,922 My Gabriel is a good boy. 584 00:39:00,004 --> 00:39:03,293 Why won't anybody listen to me? Yes or no, ma'am? 585 00:39:12,884 --> 00:39:14,864 Withdrawn. 586 00:39:22,126 --> 00:39:25,517 We all know that speeding is against the law, 587 00:39:25,597 --> 00:39:30,388 but what do you do if you find yourself driving without a speedometer? 588 00:39:30,468 --> 00:39:33,586 How do you know when you're breaking the law? 589 00:39:34,672 --> 00:39:38,655 Gabriel Duvall is living his life without a speedometer. 590 00:39:38,743 --> 00:39:41,258 He suffers from a form of autism that hinders his ability... 591 00:39:41,346 --> 00:39:45,135 to see the difference between right and wrong. 592 00:39:45,216 --> 00:39:51,144 He lacks the ability to appreciate the nature and consequences of his conduct. 593 00:39:52,590 --> 00:39:57,984 Nina Zergin says she was raped. Gabriel Duvall believes there was consent. 594 00:39:58,062 --> 00:40:01,988 How do you punish a man for a crime he didn't know he was committing? 595 00:40:03,067 --> 00:40:06,048 By finding him not guilty by reason of insanity. 596 00:40:15,413 --> 00:40:19,396 Gabriel Duvall thought he picked the perfect victim. 597 00:40:19,484 --> 00:40:22,773 Nina Zergin is an immigrant. She's here illegally. 598 00:40:22,854 --> 00:40:26,950 She works the night shift cleaning bathrooms in an office building. 599 00:40:27,025 --> 00:40:30,712 An easy target— She's an invisible woman. 600 00:40:31,796 --> 00:40:34,186 This city is filled with them. 601 00:40:35,266 --> 00:40:41,160 The defense attorney says that Mr. Duvall raped Nina Zergin because he's insane. 602 00:40:41,239 --> 00:40:44,027 Well— if that's true, 603 00:40:44,108 --> 00:40:49,763 then why did Mr. Duvall travel nine subway stops to find a victim? 604 00:40:49,847 --> 00:40:53,796 Because he knew what he was doing was wrong. 605 00:40:54,886 --> 00:40:59,335 So he chose a victim he thought no one would notice. 606 00:41:01,426 --> 00:41:06,478 Don't prove him right. Thank you. 607 00:41:13,438 --> 00:41:16,920 Monday morning quarterbacking? 608 00:41:17,008 --> 00:41:19,547 We know Gabriel did the rape, not to mention 609 00:41:19,571 --> 00:41:22,367 the murder we never got a chance to try him for. 610 00:41:22,447 --> 00:41:25,963 He showed absolutely no remorse. 611 00:41:26,050 --> 00:41:29,669 You don't have to convince me, Tracey. I didn't sleep last night either. 612 00:41:29,754 --> 00:41:34,044 I have to remind myself that our job is to try him, not to fix him. 613 00:41:34,125 --> 00:41:37,778 I just want this one to be over. So you think the jury bought the diagnosis? 614 00:41:37,862 --> 00:41:41,549 Maybe. Doesn't mean they buy his innocence. 615 00:41:44,135 --> 00:41:46,058 They're back. 616 00:41:59,150 --> 00:42:03,246 - Has the jury reached a verdict? - We have, Your Honor. 617 00:42:03,321 --> 00:42:06,473 On the sole count of rape, how do you find? 618 00:42:06,557 --> 00:42:09,311 We find the defendant guilty.54941

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