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♪ ♪
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♪ ♪
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The police said because
of the statute of limitations,
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there was nothing they could do.
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In Indiana, rape is a b felony,
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which means charges have
to be brought within five years.
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I'm sorry for wasting your time.
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No, no, no, stay. Tell
me what happened.
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It was the first and last
frat party I ever went to.
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It was 11 years ago.
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I was a freshman,
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very naive.
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He was a senior.
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Seemed like a nice guy.
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We'd been dancing and talking.
16
00:02:02,372 --> 00:02:04,833
And then suddenly I
felt really lightheaded,
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00:02:04,874 --> 00:02:06,084
like I was going to faint.
18
00:02:06,126 --> 00:02:08,294
I think he must have
slipped something in my drink.
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What happened next?
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I told him I
wasn't feeling well.
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And he said he
would get his coat
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and walk me back to my dorm.
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We went up to his room...
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(Voice breaking): And
then he locked the door.
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He... he pushed
me down on the bed.
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He pinned my arms
above my head...
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and tore my clothes off,
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and then he raped me.
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Did you call for help?
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I screamed and
screamed like an animal
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till I had no voice left.
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But the music was too
loud, no one could hear me.
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And then I realized no one
was going to come help me.
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I wanted to die.
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And then I must have passed out.
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What's the next
thing you remember?
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I woke up the next
morning shivering.
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I was naked,
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and he was actually
sleeping in the bed next to me,
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like we were some happy couple.
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I just got my clothes,
ran home and showered.
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You realize you destroyed
any physical evidence, DNA?
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I thought about that
afterwards, but I was just...
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I was so in shock.
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I felt so dirty, I just had to.
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Did you report
him to the police?
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I went to the university provost
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but he told me that if I
wanted to file a complaint,
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that o'Neil would
have to present
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00:03:54,943 --> 00:03:57,612
in order to defend himself.
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00:03:57,654 --> 00:03:59,364
And at that time, I just...
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00:03:59,405 --> 00:04:04,786
I didn't have the strength to
face him or to go to the police.
53
00:04:04,827 --> 00:04:08,539
I do now. But I can't
even bring charges...
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00:04:08,581 --> 00:04:11,000
If Mr. O'Neil slipped
something in your drink,
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that makes it a class a
felony, no statute of limitations.
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Then I want to press charges.
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Why now after all this time?
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Because he wrote me a letter.
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He wrote you a letter
apologizing for raping you.
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00:04:33,314 --> 00:04:35,316
He said he wanted
to make amends.
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00:04:35,358 --> 00:04:38,194
He's in some 12-step program
and this is the ninth step.
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Owning up to all the harmful
things you did before you were sober.
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00:04:41,239 --> 00:04:44,325
I mean, I've heard
a lot of "I'm so sorry,"
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but not a single
"for raping you."
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He's smart enough
not to expose himself
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to further criminal
liability if he can help it.
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00:04:49,872 --> 00:04:52,959
So after the letter, you
exchanged e-mails for a month
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and then agreed to
meet him for coffee?
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I was trying to get him
to admit what he'd done.
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You know, to
say it straight out.
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00:04:58,506 --> 00:05:00,425
Over the years,
other than the provost,
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who else have
you told about this?
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I never told anyone.
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Not even my husband,
not until I got his letter.
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How did your husband react?
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00:05:08,975 --> 00:05:13,229
He was hurt that I kept it a
secret from him all this time.
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And shocked, because he
had known Tim o'Neil in college.
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Why didn't you ever tell him?
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I didn't want to be
thought of as damaged.
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I just wanted to
be me, not a victim.
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00:05:29,746 --> 00:05:33,041
And I was managing
fine up until a month ago.
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00:05:33,082 --> 00:05:35,209
If Tim o'Neil
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00:05:35,251 --> 00:05:38,838
really wants to make amends,
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he can do it from a jail cell.
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This case is a dog with fleas.
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11 years, no corroboration,
no forensics, no evidence.
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00:05:46,804 --> 00:05:49,515
O'Neil's letter is
practically a confession.
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A good defense attorney
can make the distance
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between practically and actually
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seem as wide as
the Gulf of Mexico.
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00:05:54,187 --> 00:05:57,231
Making amends? He made
her relive the rape all over again.
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He felt guilty, got
something off his chest,
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and now he feels better
and her life is in turmoil.
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00:06:00,902 --> 00:06:03,663
We could at least look in to settling
the statute of limitations issue,
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00:06:03,696 --> 00:06:06,741
and talk to whomever we can
find who was there that night.
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00:06:06,783 --> 00:06:07,742
Alright.
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00:06:07,784 --> 00:06:09,053
We'll have ray
talk to Mr. O'Neil.
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00:06:09,077 --> 00:06:11,746
Maybe he can get him to
say something we can use.
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00:06:11,788 --> 00:06:13,122
I sent her the letter,
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00:06:13,164 --> 00:06:15,208
but I never expected
to hear back from her.
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00:06:15,249 --> 00:06:18,211
It's just something
that I had to do.
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But then she sent me an e-mail
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and we started going
back and forth online
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about what had happened.
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We even met for coffee.
Then you show up.
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I mean, I never expected her
to go to the prosecutor's office.
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Believe me, I never would
have sent her that letter
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if I would have known.
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We're still deciding
whether to press charges.
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Look, I've got a
wife and two kids.
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I can't go to prison.
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Maybe if you told me
your side of the story?
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We hooked up at a
party at my frat house.
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It was one of those
situations, you know?
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00:06:50,118 --> 00:06:51,869
I thought we had a
good time together.
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Well, she didn't. She said she
screamed, tried to fight you off.
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I don't know about that.
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I had a lot to drink.
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How long you been sober?
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Four years, three months.
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00:07:05,299 --> 00:07:07,969
Ever since my oldest
boy, Michael, was born.
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I'm two years in myself.
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Gambler's anonymous.
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No kidding?
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00:07:13,599 --> 00:07:16,269
You used to hit it pretty hard?
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If you call 11 straight
weekends in Vegas hitting it hard.
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I lost $59,000,
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00:07:22,108 --> 00:07:24,152
my house and my fiancee.
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00:07:24,193 --> 00:07:28,114
So I understand about
making things right.
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00:07:28,156 --> 00:07:29,907
What were you making
amends for, Tim?
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It wasn't just a bad date?
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I'm sorry if she felt
violated in some way.
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Violated?
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Did you violate her?
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00:07:48,217 --> 00:07:49,927
Conlon: He actually
said violated?
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He stopped just short
of saying he raped her.
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00:07:52,054 --> 00:07:54,640
Did he acknowledge
that she said no repeatedly
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at the top of her lungs?
139
00:07:56,142 --> 00:07:58,978
He said he might have
misread her signals.
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What about date rape drugs?
141
00:08:01,147 --> 00:08:02,458
He said there were
definitely roofies
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00:08:02,482 --> 00:08:05,318
circulating at that party,
but he denied drugging her.
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00:08:05,359 --> 00:08:06,837
The most he would
say is it's possible
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00:08:06,861 --> 00:08:08,237
somebody slipped her something.
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00:08:08,279 --> 00:08:09,572
What a weasel.
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00:08:09,614 --> 00:08:11,824
A weasel with a guilty
conscience. So what do you think?
147
00:08:11,866 --> 00:08:14,303
You want me to pick up lover
boy and start talking to witnesses?
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00:08:14,327 --> 00:08:15,554
From what he told
you and the letter,
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00:08:15,578 --> 00:08:16,722
I think we definitely
have enough
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00:08:16,746 --> 00:08:19,916
to convince a judge.
Yeah, pick him up.
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Hey, babe.
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Hey, buddy, how's it going?
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(Laughing)
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(Sirens chirp)
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00:08:39,352 --> 00:08:40,937
Mr. O'Neil.
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00:08:41,771 --> 00:08:43,481
Yeah, what?
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00:08:43,523 --> 00:08:46,192
You're under arrest for
the rape of Ellen pinter.
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00:08:46,234 --> 00:08:47,318
Tim, what's happening?
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00:08:47,360 --> 00:08:49,171
Don't worry about it,
honey, I'll deal with it.
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00:08:49,195 --> 00:08:51,239
(Baby crying) You have
the right to remain silent.
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You have the right to counsel.
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If you can't afford
an attorney...
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00:08:53,658 --> 00:08:55,201
I thought we
understood each other.
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00:08:55,243 --> 00:08:57,620
I never been to Vegas
in my life, brother.
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Never been engaged.
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00:08:58,579 --> 00:08:59,956
Never crapped out
on my mortgage.
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Me, I don't have to make amends.
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00:09:02,416 --> 00:09:06,045
You, you're just
getting started.
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00:09:16,931 --> 00:09:19,809
Becky, let me guess,
you're representing o'Neil.
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00:09:19,850 --> 00:09:22,520
Why is it rapists always
hire female attorneys.
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00:09:22,562 --> 00:09:23,896
Hmm, alleged rapists.
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00:09:23,938 --> 00:09:25,916
A copy of the motion I just
filed to dismiss your case.
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You need a little remedial math
over here in the prosecutor's office.
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00:09:28,484 --> 00:09:31,696
This is a waste of paper. There's
no statute of limitations issue here.
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Oh, that's news to me.
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He drugged her, Becky,
that makes it a class a felony.
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And your proof of that is what?
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A blood test? A tox screen?
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00:09:38,286 --> 00:09:40,788
Point of clarification, we're
representing the victim.
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00:09:40,830 --> 00:09:43,291
You're defending the guy who
raped her and then 11 years later
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felt kind of bad
about it, sort of.
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Have you read his letter?
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00:09:46,669 --> 00:09:48,879
That's what I'm basing my
character assessment on.
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00:09:48,921 --> 00:09:50,631
He doesn't say he raped her.
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00:09:50,673 --> 00:09:53,318
He says he's sorry that she felt
badly about their encounter that night.
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00:09:53,342 --> 00:09:54,635
I know what it says.
187
00:09:54,677 --> 00:09:56,697
Something that happens
between consenting adults is not...
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00:09:56,721 --> 00:09:59,932
They weren't adults,
and she didn't consent.
189
00:09:59,974 --> 00:10:01,517
Tim o'Neil pulled
his life together
190
00:10:01,559 --> 00:10:03,227
after nearly destroying
it with alcohol.
191
00:10:03,269 --> 00:10:05,146
He's serious about his recovery,
192
00:10:05,187 --> 00:10:06,480
which is why he
wrote the letter.
193
00:10:06,522 --> 00:10:08,524
Isn't that worth
some consideration?
194
00:10:08,566 --> 00:10:11,110
Yeah, this much.
Becky, the man's a rapist.
195
00:10:11,152 --> 00:10:13,321
You really see the world in
black and white, don't you?
196
00:10:13,362 --> 00:10:16,824
People are either all
good or all bad to you.
197
00:10:16,866 --> 00:10:19,118
Except they're not.
198
00:10:22,038 --> 00:10:23,956
Who cares what
Becky brokaw thinks?
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00:10:23,998 --> 00:10:25,625
I don't, I care what you think.
200
00:10:25,666 --> 00:10:27,418
You don't see the
world in black and white,
201
00:10:27,460 --> 00:10:30,004
just in fewer shades of
gray than most people.
202
00:10:30,046 --> 00:10:32,048
But that's what makes
you such a good prosecutor,
203
00:10:32,089 --> 00:10:33,525
your emotional
connection to the victim.
204
00:10:33,549 --> 00:10:34,901
I don't see any
shades of gray here
205
00:10:34,925 --> 00:10:38,262
just because Tim o'Neil
said he was sorry, sort of.
206
00:10:38,304 --> 00:10:41,140
I met Mrs. O'Neil on the way in.
207
00:10:41,182 --> 00:10:43,267
She had her two
little kids with her.
208
00:10:43,309 --> 00:10:44,560
That must have been awful.
209
00:10:44,602 --> 00:10:47,813
Yeah. At least Tim o'Neil
expressed some remorse.
210
00:10:47,855 --> 00:10:50,149
Most don't. How many
victims' families have told us
211
00:10:50,191 --> 00:10:52,693
just hearing the words "I'm sorry"
would have made a difference?
212
00:10:52,735 --> 00:10:55,988
I think you're confusing
remorse with a guilty conscience.
213
00:10:56,030 --> 00:10:58,658
What's the difference?
O'Neil may have said I'm sorry,
214
00:10:58,699 --> 00:11:00,534
but he has never
owned up to what he did.
215
00:11:00,576 --> 00:11:03,037
Ellen pinter needs to hear
him admit to raping her
216
00:11:03,079 --> 00:11:05,581
and then apologize,
and if he won't say it,
217
00:11:05,623 --> 00:11:06,957
I'll have a jury say it for him.
218
00:11:06,999 --> 00:11:08,084
If the judge lets you.
219
00:11:08,125 --> 00:11:11,170
Brokaw: Your honor,
the prosecution's
220
00:11:11,212 --> 00:11:12,463
date rape drug scenario
221
00:11:12,505 --> 00:11:14,256
is nothing but a
bad faith allegation,
222
00:11:14,298 --> 00:11:15,966
a transparent
attempt to get past
223
00:11:16,008 --> 00:11:17,218
the statute of limitations.
224
00:11:17,259 --> 00:11:18,737
The reckless disregard
for the minimum
225
00:11:18,761 --> 00:11:21,514
standard of proof is as
suspicious as this mystery drug
226
00:11:21,555 --> 00:11:23,241
they're claiming was
used to subdue the victim.
227
00:11:23,265 --> 00:11:25,685
This is a hyperbole-free
zone, Ms. Brokaw.
228
00:11:25,726 --> 00:11:27,353
Ms. Chase. Your honor, as stated
229
00:11:27,395 --> 00:11:29,373
in the charging information,
the people have reason
230
00:11:29,397 --> 00:11:31,667
to believe that the victim was
drugged and subsequently raped,
231
00:11:31,691 --> 00:11:34,193
which the law strictly
construes as the standard
232
00:11:34,235 --> 00:11:35,486
for tolling the statute.
233
00:11:35,528 --> 00:11:38,489
The victim's uncorroborated
testimony includes the admission
234
00:11:38,531 --> 00:11:40,658
that she consumed alcohol
on an empty stomach
235
00:11:40,700 --> 00:11:42,493
and subsequently
felt lightheaded.
236
00:11:42,535 --> 00:11:43,911
No quantum leap
of logic is needed.
237
00:11:43,953 --> 00:11:45,246
Your honor, it's for the jury,
238
00:11:45,287 --> 00:11:48,040
not the defense, to determine
the credibility of the victim.
239
00:11:48,082 --> 00:11:50,084
Thank you, Ms. Chase,
I went to law school, too.
240
00:11:50,126 --> 00:11:54,088
So now that everyone's had their
say, I'll issue my ruling within 24 hours.
241
00:11:54,130 --> 00:11:55,423
Conlon: Right now this case
242
00:11:55,464 --> 00:11:58,092
rests solely on Ellen
pinter's testimony
243
00:11:58,134 --> 00:11:59,051
and Tim o'Neil's letter.
244
00:11:59,093 --> 00:12:00,928
Now, barring an
actual confession
245
00:12:00,970 --> 00:12:02,722
from o'Neil, fat chance.
246
00:12:02,763 --> 00:12:04,363
We are in desperate
need of corroboration
247
00:12:04,390 --> 00:12:06,058
of the events that
evening. Ray's talking
248
00:12:06,100 --> 00:12:08,519
to potential witnesses,
but it's been 11 years.
249
00:12:08,561 --> 00:12:09,687
Finding them is one thing.
250
00:12:09,729 --> 00:12:11,689
Getting them to admit to
actually seeing something
251
00:12:11,731 --> 00:12:12,940
is another thing altogether.
252
00:12:12,982 --> 00:12:16,318
We should talk to Mrs.
Pinter's husband, too.
253
00:12:16,360 --> 00:12:17,278
Thank you, Sarah.
254
00:12:17,319 --> 00:12:19,530
Judge Michaels' ruling.
255
00:12:19,572 --> 00:12:22,825
This is moot if he
won't toll the statute.
256
00:12:24,952 --> 00:12:26,579
"The allegation
that the defendant
257
00:12:26,620 --> 00:12:28,220
"drugged the victim
before assaulting her
258
00:12:28,247 --> 00:12:31,625
"satisfies the plain language
of the class a felony rape.
259
00:12:31,667 --> 00:12:33,586
"The information
is valid on its face.
260
00:12:33,627 --> 00:12:35,629
No statute of
limitations applies."
261
00:12:35,671 --> 00:12:39,967
Ellen pinter's finally going
to get her day in court.
262
00:12:44,680 --> 00:12:48,267
Annabeth. Look, this case is
far from a cinch for both sides.
263
00:12:48,309 --> 00:12:49,870
I don't think brokaw's
gonna want to take it
264
00:12:49,894 --> 00:12:52,104
to trial either. Either? I do.
265
00:12:52,146 --> 00:12:53,415
I would hate to
see him walk away
266
00:12:53,439 --> 00:12:55,191
because of a hung
jury... Or worse.
267
00:12:55,232 --> 00:12:56,567
Thanks for the
vote of confidence.
268
00:12:56,609 --> 00:12:59,028
Hey, this is not about
you. This case is iffy.
269
00:12:59,069 --> 00:13:01,363
If o'Neil is willing
to add the postscript
270
00:13:01,405 --> 00:13:02,966
"I'm guilty of raping
you" to his letter,
271
00:13:02,990 --> 00:13:04,450
then I think
eight years is fair.
272
00:13:04,492 --> 00:13:07,286
I'd say that's
too lenient by far.
273
00:13:11,290 --> 00:13:11,957
Twelve.
274
00:13:11,999 --> 00:13:13,083
Fine, 12.
275
00:13:13,125 --> 00:13:15,377
After the arraignment,
make the deal.
276
00:13:18,380 --> 00:13:20,382
I think we both realize
no one's interests
277
00:13:20,424 --> 00:13:21,526
will be best served by a trial,
278
00:13:21,550 --> 00:13:22,635
especially the victim's.
279
00:13:22,676 --> 00:13:24,070
You won't like what
I'm going to offer.
280
00:13:24,094 --> 00:13:26,639
Then let me go first. Four
years, two suspended.
281
00:13:26,680 --> 00:13:27,598
Let's be serious.
282
00:13:27,640 --> 00:13:28,474
What's serious?
283
00:13:28,516 --> 00:13:30,142
Twelve. 12 years?
284
00:13:30,184 --> 00:13:33,479
What is that, some kind of
vindictive old testament number?
285
00:13:33,521 --> 00:13:34,897
11 years of silence plus one?
286
00:13:34,939 --> 00:13:37,191
11 years of suffering plus one.
287
00:13:37,233 --> 00:13:38,418
Contingent on a
full admission of guilt
288
00:13:38,442 --> 00:13:40,069
and an apology to the victim.
289
00:13:40,110 --> 00:13:41,403
You are really going for blood.
290
00:13:41,445 --> 00:13:43,113
Take it or leave
it. No matter what
291
00:13:43,155 --> 00:13:44,865
you think he did 11
years ago, annabeth,
292
00:13:44,907 --> 00:13:47,785
the jury is going to see
Tim o'Neil for who he is now.
293
00:13:47,827 --> 00:13:48,702
Yeah, they are.
294
00:13:48,744 --> 00:13:49,995
A man feigning remorse,
295
00:13:50,037 --> 00:13:51,872
unwilling to accept
responsibility
296
00:13:51,914 --> 00:13:53,374
and feeling entitled
to a group hug
297
00:13:53,415 --> 00:13:55,459
instead of an appropriate
prison sentence.
298
00:13:55,501 --> 00:13:56,877
12 years is unacceptable.
299
00:13:56,919 --> 00:13:58,170
Then I'll see you at trial,
300
00:13:58,212 --> 00:13:59,964
where you'll do a lot worse.
301
00:14:02,258 --> 00:14:05,928
Ellen and I didn't meet
until the following semester.
302
00:14:05,970 --> 00:14:08,389
I was the teaching
assistant in her it class.
303
00:14:08,430 --> 00:14:11,016
And you had no idea?
We've been married
304
00:14:11,058 --> 00:14:13,936
for seven years, and
she never mentioned it.
305
00:14:13,978 --> 00:14:16,188
Not until that
damn letter arrived.
306
00:14:18,023 --> 00:14:19,650
Your wife said you knew o'Neil.
307
00:14:19,692 --> 00:14:20,484
Not very well.
308
00:14:20,526 --> 00:14:22,528
We had friends in common.
309
00:14:22,570 --> 00:14:24,780
He was always after
me to join the fraternity.
310
00:14:24,822 --> 00:14:26,615
You weren't into it?
311
00:14:26,657 --> 00:14:29,243
Not really.
312
00:14:30,035 --> 00:14:31,704
These friends you had in common,
313
00:14:31,745 --> 00:14:33,139
you think you could
give me a list of names,
314
00:14:33,163 --> 00:14:35,207
the ones who might
still live in Indianapolis?
315
00:14:35,249 --> 00:14:37,835
Anything I can do.
316
00:14:40,045 --> 00:14:41,797
You've reconsidered?
317
00:14:41,839 --> 00:14:44,234
What would your offer be if my
client were to give you the name
318
00:14:44,258 --> 00:14:46,218
of another man who
raped Ellen pinter
319
00:14:46,260 --> 00:14:47,428
on the night in question?
320
00:14:47,469 --> 00:14:50,014
She never said anything
about a second rape.
321
00:14:50,055 --> 00:14:51,015
She didn't know.
322
00:14:51,056 --> 00:14:53,267
She was unaware of
being assaulted by this man.
323
00:14:53,309 --> 00:14:55,728
Because she was
unconscious at the time.
324
00:14:55,769 --> 00:14:56,788
This other guy is the individual
325
00:14:56,812 --> 00:14:58,606
who drugged her at the party.
326
00:15:02,067 --> 00:15:05,029
Mr. O'Neil, why didn't
you tell us this before?
327
00:15:05,070 --> 00:15:07,239
You can only make
amends for yourself,
328
00:15:07,281 --> 00:15:08,532
not for someone else.
329
00:15:08,574 --> 00:15:10,385
Or you were holding it in
reserve as a bargaining chip.
330
00:15:10,409 --> 00:15:12,536
Brokaw: Annabeth, don't
be cynical. This sounds like
331
00:15:12,578 --> 00:15:14,580
an admission of guilt.
Not to drugging her.
332
00:15:14,622 --> 00:15:16,665
Are you willing to come clean?
333
00:15:16,707 --> 00:15:20,836
We'll consider it, if we can
reach a reasonable compromise.
334
00:15:20,878 --> 00:15:23,172
Less than 12.
335
00:15:24,089 --> 00:15:26,550
If we can make a case
against the second rapist,
336
00:15:26,592 --> 00:15:30,012
and if Mr. O'Neil allocutes
to his crime in open court
337
00:15:30,054 --> 00:15:33,307
and apologizes to the victim.
338
00:15:34,266 --> 00:15:36,352
Tim?
339
00:15:37,353 --> 00:15:40,105
I just want to see
my kids grow up.
340
00:15:40,147 --> 00:15:41,440
If making a deal and testifying
341
00:15:41,482 --> 00:15:42,834
is the only way,
then I'll do that.
342
00:15:42,858 --> 00:15:45,819
What are you prepared
to say, Mr. O'Neil?
343
00:15:49,239 --> 00:15:53,035
That I raped Ellen
pinter that night,
344
00:15:53,077 --> 00:15:55,412
and I have regretted
it ever since.
345
00:15:59,124 --> 00:16:00,334
Satisfied?
346
00:16:00,834 --> 00:16:02,252
It's a start.
347
00:16:04,421 --> 00:16:05,798
I can't wait to
tell Ellen pinter
348
00:16:05,839 --> 00:16:07,192
the worst experience
of her life is actually
349
00:16:07,216 --> 00:16:08,550
far worse than
she ever imagined.
350
00:16:08,592 --> 00:16:10,469
Don't put it off. Maybe
we should have o'Neil
351
00:16:10,511 --> 00:16:11,637
write her another letter.
352
00:16:11,679 --> 00:16:13,430
He has such a way with words.
353
00:16:13,472 --> 00:16:15,975
Ray, talk to us about
the second rapist.
354
00:16:16,016 --> 00:16:17,017
Okay.
355
00:16:17,059 --> 00:16:20,688
Alex Peterson, 33, vp out
of downtown brokerage.
356
00:16:20,729 --> 00:16:22,564
He's supposed to
be a hard charger
357
00:16:22,606 --> 00:16:24,358
with major upside potential.
358
00:16:24,400 --> 00:16:26,777
He's got a wife,
two kids, a Porsche
359
00:16:26,819 --> 00:16:29,571
and a five-bedroom
colonial outside in crestview.
360
00:16:29,613 --> 00:16:30,698
Same class as o'Neil,
361
00:16:30,739 --> 00:16:32,574
president of the
fraternity at the time.
362
00:16:32,616 --> 00:16:34,177
Make sure you get
his story on the record
363
00:16:34,201 --> 00:16:36,328
so we have something to
impeach when he lies to us.
364
00:16:36,370 --> 00:16:37,621
Impeach with what?
365
00:16:37,663 --> 00:16:39,849
Testimony from the fraternity
brothers Ray's interviewed.
366
00:16:39,873 --> 00:16:42,376
And if we can't find anyone
who'll tell us the truth?
367
00:16:42,418 --> 00:16:44,586
These guys bond for
life, like a pack of wolves.
368
00:16:44,628 --> 00:16:46,255
You have my word,
no sweeter deal
369
00:16:46,296 --> 00:16:48,048
for o'Neil unless
we can corroborate
370
00:16:48,090 --> 00:16:49,466
his story about Alex Peterson.
371
00:16:49,508 --> 00:16:51,385
I'll break the news
to Ellen pinter.
372
00:16:51,427 --> 00:16:53,971
Tag along, ray. Moral support.
373
00:16:54,847 --> 00:16:57,891
Did they plan this?
374
00:16:57,933 --> 00:17:01,520
Did they see me at the party
and say "her, let's get her"?
375
00:17:01,562 --> 00:17:03,981
I'm sorry, Ellen, I
can't answer that yet.
376
00:17:04,023 --> 00:17:06,775
Is he the only other
one, or were there others?
377
00:17:06,817 --> 00:17:08,193
Not according to o'Neil.
378
00:17:08,235 --> 00:17:11,613
He wasn't even gonna
mention this until he had to.
379
00:17:11,655 --> 00:17:12,990
Ellen: I feel sick.
380
00:17:13,032 --> 00:17:15,200
I thought coming forward
would make things better.
381
00:17:15,242 --> 00:17:17,036
Pinter: If o'Neil testifies,
382
00:17:17,077 --> 00:17:18,954
we're going to get
Peterson, too, right?
383
00:17:18,996 --> 00:17:20,080
That's the plan.
384
00:17:20,122 --> 00:17:22,583
Right now he's our only
witness to the second rape.
385
00:17:22,624 --> 00:17:25,836
A confessed rapist who's
cutting a better deal for himself.
386
00:17:25,878 --> 00:17:27,421
We have to work
with what we've got.
387
00:17:27,463 --> 00:17:29,339
Hopefully the jury
will take into account
388
00:17:29,381 --> 00:17:30,424
that he came forward
389
00:17:30,466 --> 00:17:32,426
in the first place
and find him credible.
390
00:17:32,468 --> 00:17:33,903
We're working on
finding other witnesses.
391
00:17:33,927 --> 00:17:35,304
No one's gonna say a word.
392
00:17:35,345 --> 00:17:38,057
Why would they after
they've kept quiet for 11 years?
393
00:17:38,098 --> 00:17:39,308
People can surprise you
394
00:17:39,349 --> 00:17:41,477
when they get the
opportunity to do the right thing.
395
00:17:41,518 --> 00:17:42,686
You think?
396
00:17:42,728 --> 00:17:45,105
Well, you have a lot higher
opinion of people than I do.
397
00:17:45,147 --> 00:17:47,274
I can't handle this. Ellen,
398
00:17:47,316 --> 00:17:49,735
you came to us because
you wanted justice.
399
00:17:49,777 --> 00:17:52,988
Let me try to get
it for you, please.
400
00:18:08,170 --> 00:18:09,171
Alex Peterson?
401
00:18:09,213 --> 00:18:10,422
Who's asking?
402
00:18:10,464 --> 00:18:13,425
Ray Blackwell,
prosecuting attorney's office.
403
00:18:13,467 --> 00:18:15,803
One of my guys dip into
petty cash or something?
404
00:18:15,844 --> 00:18:16,970
This is about you, pal.
405
00:18:17,012 --> 00:18:18,305
I'd like to ask some questions.
406
00:18:18,347 --> 00:18:19,223
About what?
407
00:18:19,264 --> 00:18:20,307
About a fraternity party.
408
00:18:20,349 --> 00:18:21,391
A fraternity party?
409
00:18:21,433 --> 00:18:23,018
There must have
been hundreds of them.
410
00:18:23,060 --> 00:18:24,353
Well, this one was 11 years ago.
411
00:18:24,394 --> 00:18:26,772
There was a young woman
passed out in an upstairs bedroom.
412
00:18:26,814 --> 00:18:29,233
Like I said, those
parties were crazy.
413
00:18:30,609 --> 00:18:31,485
She was drugged.
414
00:18:31,527 --> 00:18:32,778
Jog your memory?
415
00:18:32,820 --> 00:18:34,446
Or were there
hundreds of them, too?
416
00:18:34,488 --> 00:18:37,199
I'll make my attorney available.
417
00:18:40,285 --> 00:18:42,579
October, you're
talking about bach,
418
00:18:42,621 --> 00:18:44,039
first big party as a pledge.
419
00:18:44,081 --> 00:18:46,291
Bach? As in classical music?
420
00:18:46,333 --> 00:18:47,334
As in bacchus,
421
00:18:47,376 --> 00:18:48,418
the Greek god of wine.
422
00:18:48,460 --> 00:18:49,795
He's a demigod, actually.
423
00:18:49,837 --> 00:18:51,255
If I recall, you were praying
424
00:18:51,296 --> 00:18:53,799
to the Greek demigod
of porcelain all night long.
425
00:18:53,841 --> 00:18:55,676
When you're a pledge,
they build up bacch
426
00:18:55,717 --> 00:18:56,945
like it's going to
change your life.
427
00:18:56,969 --> 00:18:59,012
Really it's just like
any other party.
428
00:18:59,054 --> 00:19:00,180
A bunch of horny drunks
429
00:19:00,222 --> 00:19:02,391
revving each other
up into the red zone.
430
00:19:02,432 --> 00:19:04,601
Either of you see o'Neil
or Peterson that night?
431
00:19:04,643 --> 00:19:05,978
It was a long time ago.
432
00:19:06,019 --> 00:19:07,580
They must have been...
All the seniors were there.
433
00:19:07,604 --> 00:19:11,024
What about o'Neil or
Peterson with this girl?
434
00:19:12,276 --> 00:19:13,610
Don't remember her.
435
00:19:15,195 --> 00:19:16,280
Nah, no, sorry.
436
00:19:16,321 --> 00:19:18,001
Take another look.
She was raped that night
437
00:19:18,031 --> 00:19:20,659
at your fraternity
house, at that party.
438
00:19:20,701 --> 00:19:23,120
Not by us, brother.
439
00:19:30,836 --> 00:19:34,464
My client denies knowing Ellen
pinter, formerly Ellen Richards,
440
00:19:34,506 --> 00:19:36,550
and has no knowledge
of the alleged events
441
00:19:36,592 --> 00:19:38,927
of October 13, 1996.
442
00:19:38,969 --> 00:19:41,805
His friend, Tim o'Neil,
tells a different story.
443
00:19:41,847 --> 00:19:43,932
Lawyer: The delirium
tremens ravings
444
00:19:43,974 --> 00:19:46,226
of an alcoholic with
a guilty conscience.
445
00:19:46,268 --> 00:19:48,979
In this letter of his,
does o'Neil even mention
446
00:19:49,021 --> 00:19:50,856
a second guy?
447
00:19:51,857 --> 00:19:53,400
That's what I thought.
448
00:19:53,442 --> 00:19:54,776
I'm sorry, I interrupted you.
449
00:19:54,818 --> 00:19:56,653
You were trying
to intimidate us?
450
00:19:56,695 --> 00:20:00,240
Does your client
remember bringing roofies
451
00:20:00,282 --> 00:20:01,450
to that fraternity party?
452
00:20:01,491 --> 00:20:02,618
Roofies?
453
00:20:02,659 --> 00:20:05,120
It's a date rape drug,
which, I'm sure you know.
454
00:20:05,162 --> 00:20:06,872
Why would I need
a date rape drug?
455
00:20:06,914 --> 00:20:08,373
Mr. Peterson has no recollection
456
00:20:08,415 --> 00:20:09,750
of that particular party.
457
00:20:09,791 --> 00:20:11,460
Other witnesses will.
458
00:20:11,501 --> 00:20:13,420
And this is his
opportunity to come forth
459
00:20:13,462 --> 00:20:15,214
and tell the truth,
which will be taken
460
00:20:15,255 --> 00:20:17,507
into consideration
during sentencing.
461
00:20:17,549 --> 00:20:19,718
You're getting ahead
of yourself, counselor.
462
00:20:19,760 --> 00:20:21,470
Other than the
desperate finger-pointing
463
00:20:21,511 --> 00:20:22,721
of an alcoholic rapist,
464
00:20:22,763 --> 00:20:25,682
you have exactly what
evidence against my client?
465
00:20:33,565 --> 00:20:36,360
Something else you want
to tell me about that party?
466
00:20:36,401 --> 00:20:37,402
I'm actually in a hurry.
467
00:20:37,444 --> 00:20:41,323
Who's the Greek
demigod of lying?
468
00:20:46,286 --> 00:20:47,663
Who had the roofies?
469
00:20:47,704 --> 00:20:49,831
I don't know, but
everybody was talking
470
00:20:49,873 --> 00:20:51,124
about them the next morning.
471
00:20:51,166 --> 00:20:53,502
Did you know what Peterson
and o'Neil were up to?
472
00:20:53,543 --> 00:20:54,586
No, no way.
473
00:20:54,628 --> 00:20:56,672
I swear, I didn't see
them with that girl.
474
00:20:56,713 --> 00:20:58,507
What did you see?
475
00:20:58,548 --> 00:20:59,800
It's time to be a man, Brian.
476
00:20:59,841 --> 00:21:01,635
Step up and tell the truth.
477
00:21:03,929 --> 00:21:06,223
I was up on the
second floor, alright?
478
00:21:06,265 --> 00:21:08,267
I saw Alex come
out of Tim's room.
479
00:21:08,308 --> 00:21:10,018
You didn't see
Ellen Richards at all?
480
00:21:10,060 --> 00:21:11,228
Well, not that night.
481
00:21:11,270 --> 00:21:14,106
The next morning I
was downstairs early.
482
00:21:14,147 --> 00:21:16,275
I saw her rush by,
looking kind of rough.
483
00:21:16,316 --> 00:21:17,609
Did you speak to her?
484
00:21:17,651 --> 00:21:18,860
No, I mean,
485
00:21:18,902 --> 00:21:19,861
I asked if she was okay,
486
00:21:19,903 --> 00:21:23,282
but she just blew right past me.
487
00:21:23,323 --> 00:21:24,866
Later on that morning,
488
00:21:24,908 --> 00:21:27,703
I saw Alex and Tim
having this conversation.
489
00:21:27,744 --> 00:21:29,871
Tim was really freaked
out about something,
490
00:21:29,913 --> 00:21:33,375
but Alex just kept yelling
at him, telling him to shut up.
491
00:21:33,417 --> 00:21:35,127
Either of them mention Ellen?
492
00:21:35,168 --> 00:21:35,794
No.
493
00:21:35,836 --> 00:21:36,920
When Alex saw me,
494
00:21:36,962 --> 00:21:39,131
he kind of lost his
cool for a second.
495
00:21:39,172 --> 00:21:40,382
What did he say?
496
00:21:40,424 --> 00:21:41,550
Well...
497
00:21:41,591 --> 00:21:45,178
He told me that if I
didn't say anything,
498
00:21:45,220 --> 00:21:48,307
he'd make sure I got
accepted into the fraternity.
499
00:21:48,348 --> 00:21:49,683
Did you?
500
00:21:50,892 --> 00:21:53,520
I'm ashamed to say.
501
00:21:53,562 --> 00:21:54,980
O'Neil's ready to testify.
502
00:21:55,022 --> 00:21:56,732
We've got a witness
to back up his story
503
00:21:56,773 --> 00:21:58,525
about Peterson
possessing roofies.
504
00:21:58,567 --> 00:21:59,568
This is a good day.
505
00:21:59,609 --> 00:22:00,837
We should finalize
o'Neil's deal.
506
00:22:00,861 --> 00:22:03,238
He pleads guilty to
aggravated sexual assault.
507
00:22:03,280 --> 00:22:04,573
Six years, serves four.
508
00:22:04,614 --> 00:22:05,907
Please tell me you're joking.
509
00:22:05,949 --> 00:22:07,576
No less than ten is acceptable.
510
00:22:07,617 --> 00:22:08,869
Peterson will get 20 years.
511
00:22:08,910 --> 00:22:09,995
If he's convicted.
512
00:22:10,037 --> 00:22:11,747
His attorney will use
any deal with o'Neil
513
00:22:11,788 --> 00:22:12,956
to club us over the head with
514
00:22:12,998 --> 00:22:14,624
and discredit his testimony.
515
00:22:14,666 --> 00:22:15,852
And the jury will look at o'Neil
516
00:22:15,876 --> 00:22:17,645
and see a guy who
eventually did the right thing.
517
00:22:17,669 --> 00:22:19,463
Because it's in his
own best interest.
518
00:22:19,504 --> 00:22:21,144
If we have a tough
deal in place with him,
519
00:22:21,173 --> 00:22:22,716
it at least makes
him more credible.
520
00:22:22,758 --> 00:22:24,176
This might be one of those times
521
00:22:24,217 --> 00:22:25,777
when seeing the
world in black and white
522
00:22:25,802 --> 00:22:27,804
actually impairs your vision.
523
00:22:27,846 --> 00:22:28,972
You feel sorry for him?
524
00:22:29,014 --> 00:22:32,059
I feel sorry for his family.
525
00:22:32,976 --> 00:22:34,495
Cutting a sweetheart
deal with o'Neil goes
526
00:22:34,519 --> 00:22:36,414
against everything...
Call it whatever you want...
527
00:22:36,438 --> 00:22:38,607
The reason I get up every
morning and go to work.
528
00:22:38,648 --> 00:22:40,501
Well, that'll sound great
in your retirement speech.
529
00:22:40,525 --> 00:22:42,361
However, for now,
you need to remember
530
00:22:42,402 --> 00:22:45,030
that this is how business gets
done every day of the week
531
00:22:45,072 --> 00:22:47,449
in every prosecutor's
office in this country.
532
00:22:47,491 --> 00:22:50,410
Annabeth, do your job.
533
00:22:55,374 --> 00:22:57,094
Annabeth: You answer
every question honestly.
534
00:22:57,125 --> 00:23:01,004
The first time I catch
you in a lie, the deal is off.
535
00:23:01,046 --> 00:23:02,047
I understand.
536
00:23:02,089 --> 00:23:04,466
Whose idea was it
to rape Ellen pinter?
537
00:23:04,508 --> 00:23:09,638
The idea to, uh, knock
a girl out with roofies
538
00:23:09,679 --> 00:23:10,698
and take advantage of her...
539
00:23:10,722 --> 00:23:12,307
You mean rape her.
540
00:23:14,393 --> 00:23:15,894
That was Alex's.
541
00:23:15,936 --> 00:23:18,730
And who picked out Ellen?
542
00:23:18,772 --> 00:23:21,233
I did.
543
00:23:21,274 --> 00:23:23,652
She was young
544
00:23:23,693 --> 00:23:25,320
and pretty and...
545
00:23:25,362 --> 00:23:26,488
Vulnerable?
546
00:23:26,530 --> 00:23:28,532
I was drunk...
547
00:23:29,658 --> 00:23:32,953
And aggressive and
ashamed of myself
548
00:23:32,994 --> 00:23:34,305
pretty much as
soon as it was over.
549
00:23:34,329 --> 00:23:37,124
So ashamed it took
you 11 years to admit it.
550
00:23:37,165 --> 00:23:40,460
I did a terrible thing.
551
00:23:40,502 --> 00:23:41,837
I knew it. I never did it again.
552
00:23:41,878 --> 00:23:43,171
I'm not a terrible person.
553
00:23:43,213 --> 00:23:47,592
You don't need to convince me
of that, Mr. O'Neil, just the jury.
554
00:23:50,345 --> 00:23:51,680
Conlon: So you hear from ed?
555
00:23:51,721 --> 00:23:56,309
Postcard.
556
00:23:56,351 --> 00:23:57,477
Wish I was in Maui.
557
00:23:57,519 --> 00:23:59,813
He says it rained every day.
558
00:23:59,855 --> 00:24:00,981
He's a liar.
559
00:24:01,022 --> 00:24:02,983
(Laughing)
560
00:24:03,024 --> 00:24:05,777
Speaking of it, how is New York?
561
00:24:07,279 --> 00:24:09,489
It's good.
562
00:24:09,531 --> 00:24:12,325
Yeah? What'd Dr. Graham say?
563
00:24:12,367 --> 00:24:13,869
Clean bill of health.
564
00:24:13,910 --> 00:24:15,370
Nothing but acid reflux.
565
00:24:15,412 --> 00:24:18,498
Oh, that's fortunate, huh?
566
00:24:18,540 --> 00:24:20,435
I know you had him on
the phone ten minutes after
567
00:24:20,459 --> 00:24:21,460
I walked out of there.
568
00:24:21,501 --> 00:24:23,253
I couldn't get him to
tell me a damn thing.
569
00:24:23,295 --> 00:24:25,839
That's 'cause it's
nothing, trust me.
570
00:24:28,758 --> 00:24:29,718
Alex Peterson?
571
00:24:29,759 --> 00:24:31,887
Want me to tell sex
crimes to pick him up?
572
00:24:31,928 --> 00:24:33,221
O'Neil puts him in the bedroom,
573
00:24:33,263 --> 00:24:34,931
but as a witness,
he's problematic.
574
00:24:34,973 --> 00:24:37,434
Brian hall puts him
coming out of the bedroom.
575
00:24:37,476 --> 00:24:39,853
Husband Craig knows
more than he's saying.
576
00:24:39,895 --> 00:24:43,523
Is this based on anything
more than the acid reflux
577
00:24:43,565 --> 00:24:44,649
in your famous gut?
578
00:24:44,691 --> 00:24:46,026
It's body language.
579
00:24:46,067 --> 00:24:47,986
The way he acts with his wife.
580
00:24:48,028 --> 00:24:49,630
He's dying to get
something off his chest.
581
00:24:49,654 --> 00:24:52,032
But not to her.
That's why I thought
582
00:24:52,073 --> 00:24:54,826
I'd drop by their
house a little later.
583
00:24:56,995 --> 00:24:59,372
What now? Ellen
is already in bed.
584
00:24:59,414 --> 00:25:02,250
Oh, I was hoping to
have a word with you.
585
00:25:02,292 --> 00:25:04,085
Like I said, it's late.
586
00:25:04,127 --> 00:25:05,712
For you too, right?
587
00:25:06,713 --> 00:25:07,631
Come on.
588
00:25:07,672 --> 00:25:11,051
It's buzzing around like
a hornet inside your head.
589
00:25:11,092 --> 00:25:14,137
You're dying to tell
someone what you know.
590
00:25:14,179 --> 00:25:16,139
Anybody but your wife.
591
00:25:18,475 --> 00:25:19,893
I heard the rumor a week later.
592
00:25:19,935 --> 00:25:21,811
It was all over campus
593
00:25:21,853 --> 00:25:25,315
that o'Neil and Peterson
drugged and raped a girl
594
00:25:25,357 --> 00:25:27,317
at the bacch party.
595
00:25:27,359 --> 00:25:28,735
Give me a name, Craig.
596
00:25:28,777 --> 00:25:31,154
Alex Peterson.
597
00:25:31,196 --> 00:25:34,741
He told you about
the roofies himself?
598
00:25:34,783 --> 00:25:36,034
He was trying to be my buddy.
599
00:25:36,076 --> 00:25:37,953
He invited me to the
party and offered me one,
600
00:25:37,994 --> 00:25:41,081
said I should try it out
on somebody. Yeah?
601
00:25:41,122 --> 00:25:42,499
But I never knew who she was.
602
00:25:42,541 --> 00:25:45,418
And I sure as hell didn't
know Ellen was the girl.
603
00:25:45,460 --> 00:25:47,337
So you've known for a month
604
00:25:47,379 --> 00:25:49,631
and said nothing.
605
00:25:49,673 --> 00:25:52,509
I didn't want to make
things even worse for you.
606
00:25:52,551 --> 00:25:55,804
But that's just what you did.
607
00:26:05,981 --> 00:26:07,482
(Camera shutters clicking)
608
00:26:07,524 --> 00:26:09,651
(Reporters shouting)
609
00:26:22,289 --> 00:26:24,833
Ever since Craig admitted
to knowing about the roofies,
610
00:26:24,874 --> 00:26:28,753
I... I feel so confused.
611
00:26:28,795 --> 00:26:31,381
I know he says he
was trying to protect me,
612
00:26:31,423 --> 00:26:34,467
but I feel like I
can't trust him.
613
00:26:34,509 --> 00:26:36,803
Are you worried
about testifying?
614
00:26:36,845 --> 00:26:37,679
Yes.
615
00:26:37,721 --> 00:26:40,265
We won't call you if
you don't want us to.
616
00:26:40,307 --> 00:26:42,017
Thank you.
617
00:26:44,603 --> 00:26:45,604
I feel like my life,
618
00:26:45,645 --> 00:26:48,273
my marriage, it's
all upside down.
619
00:26:48,315 --> 00:26:50,650
I feel estranged
from my husband.
620
00:26:50,692 --> 00:26:54,362
And the man that I'm
relying on for justice
621
00:26:54,404 --> 00:26:55,947
is one of the men who raped me.
622
00:26:55,989 --> 00:26:58,283
Well, we hope to
convince the jury
623
00:26:58,325 --> 00:27:00,994
that he's trying to
make things right.
624
00:27:01,036 --> 00:27:03,413
Because it's good for him.
625
00:27:04,664 --> 00:27:07,709
Do you think he's really
sorry for what he did?
626
00:27:07,751 --> 00:27:11,338
I don't know.
627
00:27:30,565 --> 00:27:32,275
Are you sober?
628
00:27:32,317 --> 00:27:34,277
Of course.
629
00:27:34,903 --> 00:27:37,447
I couldn't do that to my family.
630
00:27:39,324 --> 00:27:41,785
Making amends is the ninth step.
631
00:27:41,826 --> 00:27:43,662
Do you remember the tenth?
632
00:27:45,121 --> 00:27:50,043
Continue to take
personal inventory
633
00:27:50,085 --> 00:27:52,545
and when I'm wrong...
634
00:27:53,171 --> 00:27:54,923
Promptly admit it.
635
00:27:56,174 --> 00:27:58,927
That's just what
you're doing today.
636
00:28:05,225 --> 00:28:08,770
Annabeth: Where was Alex
Peterson while you raped Ellen?
637
00:28:08,812 --> 00:28:11,022
Outside in the hall.
638
00:28:11,064 --> 00:28:13,733
After I, uh...
639
00:28:13,775 --> 00:28:15,610
Finished, I let him in.
640
00:28:15,652 --> 00:28:17,237
What was Ellen doing?
641
00:28:17,278 --> 00:28:18,279
She'd passed out.
642
00:28:18,321 --> 00:28:20,615
Annabeth: While
you were raping her?
643
00:28:20,657 --> 00:28:21,783
Yes.
644
00:28:21,825 --> 00:28:24,911
And when Mr. Peterson
came into the room,
645
00:28:24,953 --> 00:28:27,122
did he say anything?
646
00:28:27,163 --> 00:28:31,334
She looked like she was
ready to have a real good time.
647
00:28:31,376 --> 00:28:33,503
And he was going
to give her one.
648
00:28:33,545 --> 00:28:34,796
What happened next?
649
00:28:34,838 --> 00:28:36,589
He raped her.
650
00:28:36,631 --> 00:28:38,591
He raped her? Yes.
651
00:28:38,633 --> 00:28:40,009
While she was unconscious?
652
00:28:40,051 --> 00:28:42,095
Yes. And you were in
the room the entire time?
653
00:28:42,137 --> 00:28:44,389
You witnessed all of this?
654
00:28:44,431 --> 00:28:45,306
Yes.
655
00:28:45,348 --> 00:28:47,016
And after he was
finished with her?
656
00:28:47,058 --> 00:28:51,312
He got dressed and
went downstairs to party.
657
00:28:51,354 --> 00:28:53,148
What did you do?
658
00:28:53,189 --> 00:28:54,441
I fell asleep.
659
00:28:54,482 --> 00:28:57,986
You fell asleep next to
the woman you just raped?
660
00:28:58,862 --> 00:29:00,196
Yes. Mr. O'Neil,
661
00:29:00,238 --> 00:29:03,199
why are you testifying
for the prosecution today?
662
00:29:03,241 --> 00:29:04,743
It's part of my plea agreement.
663
00:29:04,784 --> 00:29:07,912
So after this trial, you
will be going to prison?
664
00:29:07,954 --> 00:29:09,873
As soon as I finish testifying.
665
00:29:09,914 --> 00:29:11,267
And as part of your
plea agreement,
666
00:29:11,291 --> 00:29:14,002
did anyone ask you
to fabricate anything?
667
00:29:14,043 --> 00:29:16,671
Exaggerate Mr. Peterson's
role in the crime
668
00:29:16,713 --> 00:29:18,548
and diminish your
own culpability?
669
00:29:18,590 --> 00:29:19,758
No.
670
00:29:20,759 --> 00:29:23,011
Nothing further.
671
00:29:25,346 --> 00:29:27,932
This plea agreement of yours,
672
00:29:27,974 --> 00:29:31,436
how long will you
spend in prison?
673
00:29:31,478 --> 00:29:33,354
The sentence is for six years.
674
00:29:33,396 --> 00:29:35,565
How long would
you actually serve?
675
00:29:35,607 --> 00:29:37,525
About four years. And
what kind of penalty
676
00:29:37,567 --> 00:29:39,694
would you have faced
had you stood trial
677
00:29:39,736 --> 00:29:41,196
like Alex Peterson? Up to 20.
678
00:29:41,237 --> 00:29:44,073
So by getting on the stand
and lying about Mr. Peterson,
679
00:29:44,115 --> 00:29:45,325
you've been able to shave off
680
00:29:45,366 --> 00:29:47,243
approximately 16 years
from your sentence.
681
00:29:47,285 --> 00:29:49,037
Objection. Judge: Sustained.
682
00:29:49,078 --> 00:29:51,748
Did you tailor your testimony
683
00:29:51,790 --> 00:29:53,750
to obtain this
enviable agreement
684
00:29:53,792 --> 00:29:55,210
from the prosecutor's office?
685
00:29:55,251 --> 00:29:56,795
No. Isn't it true
686
00:29:56,836 --> 00:30:00,381
that the entire plan to rape
Ms. Richards was your own?
687
00:30:00,423 --> 00:30:02,091
No. And when Alex Peterson
688
00:30:02,133 --> 00:30:03,510
discovered what you had done,
689
00:30:03,551 --> 00:30:04,653
he terminated his friendship
690
00:30:04,677 --> 00:30:05,821
with you and had you expelled
691
00:30:05,845 --> 00:30:07,055
from the fraternity.
692
00:30:07,096 --> 00:30:08,848
I left on my own.
693
00:30:08,890 --> 00:30:11,142
And subsequently fell
into an alcoholic stupor
694
00:30:11,184 --> 00:30:12,560
that lasted for years.
695
00:30:12,602 --> 00:30:14,771
Isn't that why you're here?
696
00:30:14,813 --> 00:30:17,023
Not only to save your own skin,
697
00:30:17,065 --> 00:30:19,567
but to have revenge
on Mr. Peterson?
698
00:30:20,193 --> 00:30:22,987
I came here to tell the truth.
699
00:30:23,029 --> 00:30:24,405
And that's what I've done.
700
00:30:24,447 --> 00:30:27,992
No point to any further
questions for this...
701
00:30:28,576 --> 00:30:31,913
Witness, your honor.
702
00:30:31,955 --> 00:30:33,873
Redirect, your honor. Proceed.
703
00:30:33,915 --> 00:30:37,919
Mr. O'Neil, you came
forward earlier this year
704
00:30:37,961 --> 00:30:40,129
of your own
volition, did you not?
705
00:30:40,171 --> 00:30:45,718
To make amends
with Ellen pinter.
706
00:30:45,760 --> 00:30:49,138
To apologize for
raping her 11 years ago.
707
00:30:49,180 --> 00:30:52,016
And now that you're
about to go to prison,
708
00:30:52,058 --> 00:30:54,477
do you regret coming forward?
709
00:30:56,187 --> 00:31:00,733
We took advantage
of an innocent girl.
710
00:31:00,775 --> 00:31:04,946
I have to pay a price for that,
711
00:31:04,988 --> 00:31:06,906
and so does Alex.
712
00:31:22,213 --> 00:31:24,132
Ellen: This feels so strange.
713
00:31:24,173 --> 00:31:27,260
Tim o'Neil had his
12 steps to recovery.
714
00:31:27,302 --> 00:31:29,304
This could be one of yours.
715
00:31:32,348 --> 00:31:34,517
They're taking him to prison?
716
00:31:34,559 --> 00:31:36,519
Right now? Yeah.
717
00:31:48,615 --> 00:31:51,701
Maybe he really does have
remorse for what he did to me.
718
00:31:51,743 --> 00:31:53,661
Maybe he does.
719
00:31:53,703 --> 00:31:55,997
One down, one to go.
720
00:32:00,126 --> 00:32:02,378
Mr. Hall, the
night of the party,
721
00:32:02,420 --> 00:32:04,297
did you see Mr. Peterson?
722
00:32:04,339 --> 00:32:06,090
Yes, on the second floor.
723
00:32:06,132 --> 00:32:07,675
I saw Alex leaving Tim's room.
724
00:32:07,717 --> 00:32:10,470
The next morning they were
having this heated discussion.
725
00:32:10,511 --> 00:32:13,014
Alex must have thought
I'd overheard them.
726
00:32:13,056 --> 00:32:14,182
Did you?
727
00:32:14,223 --> 00:32:15,350
Only a little bit.
728
00:32:15,391 --> 00:32:17,977
Tim seemed upset but, uh...
729
00:32:18,019 --> 00:32:18,978
Alex was laughing.
730
00:32:19,020 --> 00:32:20,730
What did he say? Alex said that
731
00:32:20,772 --> 00:32:24,567
he was still the house's
number one virgin surgeon.
732
00:32:26,069 --> 00:32:27,195
And what happened next?
733
00:32:27,236 --> 00:32:28,613
Well, then Alex promised me
734
00:32:28,655 --> 00:32:30,698
that I would get
into the fraternity
735
00:32:30,740 --> 00:32:32,158
if I didn't say anything.
736
00:32:32,200 --> 00:32:34,452
A quid pro quo for your silence?
737
00:32:34,494 --> 00:32:36,663
That's how I understood it, yes.
738
00:32:37,330 --> 00:32:40,416
Thank you, Mr. Hall.
739
00:32:43,044 --> 00:32:47,256
Alex Peterson explicitly
asked you to lie for him?
740
00:32:47,298 --> 00:32:49,342
He promised he would
get me into the fraternity.
741
00:32:49,384 --> 00:32:51,052
Did he ask you not
to tell anyone that
742
00:32:51,094 --> 00:32:53,096
he had raped Ellen Richards?
743
00:32:57,100 --> 00:32:58,559
Not in so many words.
744
00:32:58,601 --> 00:33:00,853
In fact, not at all.
745
00:33:00,895 --> 00:33:03,731
Alex was the one that
had the roofies at the party.
746
00:33:03,773 --> 00:33:05,316
I just put two and two together.
747
00:33:05,358 --> 00:33:06,484
Did you see my client
748
00:33:06,526 --> 00:33:08,236
distributing this
controlled substance?
749
00:33:08,277 --> 00:33:12,115
No, but other guys had said
that he had given them roofies.
750
00:33:12,156 --> 00:33:13,241
Move to strike. Hearsay.
751
00:33:13,282 --> 00:33:14,367
Sustained. Mr. Hall,
752
00:33:14,409 --> 00:33:16,494
you'll limit your
testimony to those events
753
00:33:16,536 --> 00:33:19,288
of which you have only
firsthand knowledge.
754
00:33:19,330 --> 00:33:21,165
Do you have firsthand knowledge
755
00:33:21,207 --> 00:33:25,628
that Alex Peterson drugged
and raped Ellen Richards?
756
00:33:29,674 --> 00:33:30,842
No.
757
00:33:31,592 --> 00:33:33,469
Nothing further
for this witness.
758
00:33:35,805 --> 00:33:38,683
I had heard the rumors about
that party, but I didn't think
759
00:33:38,725 --> 00:33:39,976
they were true.
760
00:33:40,018 --> 00:33:41,686
We had mutual friends.
761
00:33:41,728 --> 00:33:44,522
Alex was after me
to join the fraternity.
762
00:33:44,564 --> 00:33:48,568
The more I said no,
the more he pursued me.
763
00:33:48,609 --> 00:33:51,029
He invited me to the party.
764
00:33:51,070 --> 00:33:53,573
He said that it was going
to be the party of the year.
765
00:33:53,614 --> 00:33:57,326
When I asked him why,
he said he'd show me.
766
00:33:57,368 --> 00:34:00,288
And what did Alex
Peterson show you?
767
00:34:00,329 --> 00:34:01,622
Roofies.
768
00:34:02,749 --> 00:34:06,294
He said that he and
o'Neil were planning
769
00:34:06,335 --> 00:34:07,587
on trying them out that night.
770
00:34:07,628 --> 00:34:10,006
There was going to
be a lot of hot babes
771
00:34:10,048 --> 00:34:11,549
at the party.
772
00:34:11,591 --> 00:34:13,593
And he asked me if
I wanted one to use.
773
00:34:13,634 --> 00:34:14,677
To use?
774
00:34:14,719 --> 00:34:16,304
On a girl.
775
00:34:16,345 --> 00:34:17,638
He was offering you
776
00:34:17,680 --> 00:34:18,931
a date rape drug?
777
00:34:18,973 --> 00:34:21,142
Yeah.
778
00:34:21,184 --> 00:34:22,310
And did you accept?
779
00:34:22,351 --> 00:34:23,895
No, of course not.
780
00:34:23,936 --> 00:34:25,730
Thank you.
781
00:34:25,772 --> 00:34:26,481
Your witness.
782
00:34:26,522 --> 00:34:27,982
You testified that
783
00:34:28,024 --> 00:34:30,401
you did not attend
the party in question.
784
00:34:30,443 --> 00:34:31,903
That's correct.
785
00:34:31,944 --> 00:34:33,279
I was at the library all night.
786
00:34:33,321 --> 00:34:34,280
So you have no
787
00:34:34,322 --> 00:34:36,032
firsthand knowledge
of any events
788
00:34:36,074 --> 00:34:38,242
that may or may
not have occurred
789
00:34:38,284 --> 00:34:40,787
at that party 11 years ago.
790
00:34:40,828 --> 00:34:42,580
That's right. So this story
791
00:34:42,622 --> 00:34:45,458
of yours, Mr. Pinter,
that so conveniently fits
792
00:34:45,500 --> 00:34:47,210
into the prosecution's case
793
00:34:47,251 --> 00:34:48,753
like a missing
piece of a puzzle...
794
00:34:48,795 --> 00:34:50,004
You didn't breathe
795
00:34:50,046 --> 00:34:53,216
a word of this to anyone
for 11 years, did you?
796
00:34:53,257 --> 00:34:55,093
No.
797
00:34:55,134 --> 00:34:57,303
You didn't tell the school.
798
00:34:57,345 --> 00:34:59,180
No.
799
00:34:59,222 --> 00:35:01,015
Or the police?
800
00:35:01,057 --> 00:35:03,017
No. And when you found out
801
00:35:03,059 --> 00:35:06,062
that your wife was
the woman who, in fact,
802
00:35:06,104 --> 00:35:07,396
had been raped at that party,
803
00:35:07,438 --> 00:35:10,441
you didn't say
anything to her, did you?
804
00:35:10,483 --> 00:35:12,527
No, I didn't.
805
00:35:12,568 --> 00:35:14,737
But now, to bolster a weak case
806
00:35:14,779 --> 00:35:16,948
by the prosecution,
you've miraculously
807
00:35:16,989 --> 00:35:19,617
unearthed this buried
treasure of a memory.
808
00:35:19,659 --> 00:35:24,622
I now realize everything
I did was wrong.
809
00:35:24,664 --> 00:35:27,625
That's why I'm here.
810
00:35:27,667 --> 00:35:29,544
To tell the truth. What's true
811
00:35:29,585 --> 00:35:30,670
is that you would walk
812
00:35:30,711 --> 00:35:32,880
into this courtroom
and say anything...
813
00:35:32,922 --> 00:35:34,465
Anything... In
front of this jury,
814
00:35:34,507 --> 00:35:37,135
to crawl back into
your wife's good graces,
815
00:35:37,176 --> 00:35:37,969
wouldn't you?
816
00:35:38,010 --> 00:35:39,053
Objection. Sustained.
817
00:35:39,095 --> 00:35:41,848
Lower the rhetoric,
Mr. Matthews.
818
00:35:41,889 --> 00:35:44,392
Nothing further, your honor.
819
00:35:47,186 --> 00:35:49,105
The people rest, your honor.
820
00:35:49,147 --> 00:35:51,732
Court will adjourn
until tomorrow,
821
00:35:51,774 --> 00:35:53,109
at which time the defense
822
00:35:53,151 --> 00:35:56,237
will have the opportunity
to present its case.
823
00:35:57,613 --> 00:35:59,323
I'm not sure they'll
even put on a case.
824
00:35:59,365 --> 00:36:00,801
You think Matthews
is that confident?
825
00:36:00,825 --> 00:36:03,494
It's a jump ball. Depends
how o'Neil did with the jury.
826
00:36:03,536 --> 00:36:05,288
If they bought his
act of contrition.
827
00:36:05,329 --> 00:36:07,456
You don't think they'll
call Ellen? It's too risky
828
00:36:07,498 --> 00:36:09,750
for Matthews. He'd have to
handle her with kid gloves.
829
00:36:09,792 --> 00:36:12,795
Right. If it looks like he's
beating up on the victim...
830
00:36:12,837 --> 00:36:14,630
What about Peterson? If he puts
831
00:36:14,672 --> 00:36:17,383
Peterson on the stand, he
risks having one of you two
832
00:36:17,425 --> 00:36:19,027
expose him for the
smirky creep that he is.
833
00:36:19,051 --> 00:36:21,637
I'm not sure if
Alex Peterson's ego
834
00:36:21,679 --> 00:36:23,306
will let him stay off the stand.
835
00:36:23,347 --> 00:36:24,807
Well, let's hope you're right.
836
00:36:24,849 --> 00:36:27,643
If we get a shot at Peterson,
that would be a real break.
837
00:36:32,315 --> 00:36:36,819
Mr. Matthews, are you
ready to call your first witness?
838
00:36:36,861 --> 00:36:37,778
Yes, your honor.
839
00:36:37,820 --> 00:36:39,530
Defense calls Ellen pinter.
840
00:36:39,572 --> 00:36:43,242
Your honor, we were not informed
of this. We need time to prepare.
841
00:36:43,284 --> 00:36:44,761
We're calling her as a
rebuttal witness, your honor.
842
00:36:44,785 --> 00:36:47,121
To whose testimony, counselor?
843
00:36:47,163 --> 00:36:48,289
Timothy o'Neil.
844
00:36:48,331 --> 00:36:49,749
I'll allow it.
845
00:36:49,790 --> 00:36:52,001
The bailiff with
locate Ms. Pinter,
846
00:36:52,043 --> 00:36:52,877
bring her to court.
847
00:36:52,919 --> 00:36:54,337
We will reconvene in one hour.
848
00:36:54,378 --> 00:36:56,756
(Gavel bangs)
849
00:36:58,549 --> 00:36:59,717
Mrs. Pinter,
850
00:36:59,759 --> 00:37:04,263
do you see Timothy o'Neil
anywhere in this courtroom?
851
00:37:06,265 --> 00:37:07,141
No.
852
00:37:07,183 --> 00:37:08,893
Isn't he the man who raped you?
853
00:37:08,935 --> 00:37:10,561
One of them.
854
00:37:10,603 --> 00:37:12,897
The only one you
were ever aware of.
855
00:37:12,939 --> 00:37:14,607
The one you identified.
856
00:37:14,649 --> 00:37:16,776
The one who confessed.
The one who's now serving
857
00:37:16,817 --> 00:37:18,778
a prison term for that crime.
858
00:37:18,819 --> 00:37:20,947
Yes. But there was a second one.
859
00:37:20,988 --> 00:37:22,949
According to Tim o'Neil. Yes.
860
00:37:22,990 --> 00:37:24,867
When did you first
meet Mr. O'Neil?
861
00:37:24,909 --> 00:37:26,178
When I was a
freshman in college.
862
00:37:26,202 --> 00:37:28,204
Where were you at
the time of the crime?
863
00:37:28,246 --> 00:37:30,498
At his fraternity house.
864
00:37:32,166 --> 00:37:35,294
Mrs. Pinter, I'm very sorry to
have to put you through this.
865
00:37:35,336 --> 00:37:37,129
If you'll just bear with me.
866
00:37:37,171 --> 00:37:39,131
I won't ask you to tell us
867
00:37:39,173 --> 00:37:40,299
what happened that night.
868
00:37:40,341 --> 00:37:41,610
We've already heard
Mr. O'Neil's testimony.
869
00:37:41,634 --> 00:37:43,511
What he did to you. Thank you.
870
00:37:43,552 --> 00:37:44,845
While Mr. O'Neil assaulted you,
871
00:37:44,887 --> 00:37:47,807
were you conscious
the entire time? At first.
872
00:37:47,848 --> 00:37:50,559
At some point before
he finished, I passed out.
873
00:37:50,601 --> 00:37:52,561
Mrs. Pinter, have you
ever seen my client
874
00:37:52,603 --> 00:37:54,480
before today?
875
00:37:54,522 --> 00:37:57,108
Not in person, no.
876
00:37:57,149 --> 00:37:58,276
Never? No.
877
00:37:58,317 --> 00:38:00,778
He made sure of that when
he and o'Neil drugged me.
878
00:38:00,820 --> 00:38:02,154
Move to strike. Mrs. Pinter,
879
00:38:02,196 --> 00:38:05,032
please refrain from
offering commentary.
880
00:38:05,074 --> 00:38:09,745
Before seeing Alex
Peterson in this courtroom,
881
00:38:09,787 --> 00:38:11,139
you wouldn't have
known the difference
882
00:38:11,163 --> 00:38:14,750
between Alex Peterson
and Payton Manning.
883
00:38:14,792 --> 00:38:17,878
Yes. So is it safe,
then, to assume
884
00:38:17,920 --> 00:38:19,213
that you never saw him drug you?
885
00:38:19,255 --> 00:38:22,174
Never saw him
commit any crime at all?
886
00:38:22,216 --> 00:38:24,969
The point of drugging a
woman so that you can rape her
887
00:38:25,011 --> 00:38:27,138
is so that she won't
be able to identify you.
888
00:38:27,179 --> 00:38:29,557
But you identified
Tim o'Neil, didn't you?
889
00:38:29,598 --> 00:38:30,933
Well, he made his move too soon.
890
00:38:30,975 --> 00:38:33,436
He couldn't wait
until I passed out.
891
00:38:33,477 --> 00:38:34,913
The fact remains
that you cannot identify
892
00:38:34,937 --> 00:38:39,567
Alex Peterson as a person who
drugged and raped you, can you?
893
00:38:43,738 --> 00:38:45,948
(Crying): No.
894
00:38:47,533 --> 00:38:50,870
As far as you know,
he never assaulted you.
895
00:38:53,539 --> 00:38:54,999
As far as I know.
896
00:38:55,041 --> 00:38:59,628
Mrs. Pinter, I'm very sorry for
what happened to you that night.
897
00:38:59,670 --> 00:39:02,006
But the only one
you know for a fact
898
00:39:02,048 --> 00:39:04,592
who assaulted you is who?
899
00:39:09,889 --> 00:39:11,140
Tim o'Neil.
900
00:39:15,895 --> 00:39:17,605
Nothing further.
901
00:39:17,646 --> 00:39:19,940
(Sniffs)
902
00:39:25,237 --> 00:39:27,156
Judge: Ladies and
gentlemen of the jury,
903
00:39:27,198 --> 00:39:30,117
the bailiff has informed
me you've reached a verdict.
904
00:39:30,159 --> 00:39:32,703
If the foreperson could
hand it to the bailiff.
905
00:39:43,714 --> 00:39:45,424
In the matter of
the state of Indiana
906
00:39:45,466 --> 00:39:47,760
v. Alexander David Peterson,
907
00:39:47,802 --> 00:39:49,804
the jury finds the defendant...
908
00:39:50,930 --> 00:39:53,349
not guilty on all counts.
909
00:40:16,163 --> 00:40:18,374
♪ ♪
910
00:40:25,923 --> 00:40:27,091
Hi.
911
00:40:27,133 --> 00:40:29,510
I wanted to thank you for
everything you've done for me.
912
00:40:29,552 --> 00:40:30,970
And everything you tried to do.
913
00:40:31,011 --> 00:40:33,222
I just wish we could
have gotten a better result.
914
00:40:33,264 --> 00:40:36,976
Well, what happens now
is more important to me
915
00:40:37,017 --> 00:40:38,811
than what happened
inside that courtroom.
916
00:40:38,853 --> 00:40:40,271
You're right.
917
00:40:40,312 --> 00:40:44,483
You know, guys like Alex
Peterson, they never change.
918
00:40:44,525 --> 00:40:47,570
He'll screw up again and
we'll put him where he belongs.
919
00:40:47,611 --> 00:40:50,406
I look forward to that.
68025
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