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
Can't find what you're looking for?
Get subtitles in any language from opensubtitles.com, and translate them here.