All language subtitles for Law & Order SVU - 22x06 - The Long Arm of the Witness.720p.hdtv.x264-syncopy.English.C.orig.Addic7ed.com
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1
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In the criminal justice system,
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sexually based offenses
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00:00:08,666 --> 00:00:10,816
are considered especially heinous.
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00:00:11,035 --> 00:00:13,422
In New York City,
the dedicated detectives
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00:00:13,470 --> 00:00:15,258
who investigate these vicious felonies
6
00:00:15,306 --> 00:00:16,626
are members of an elite squad
7
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known as the Special Victims Unit.
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00:00:18,809 --> 00:00:20,327
These are their stories.
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00:00:22,246 --> 00:00:24,367
Ms. Palma, you claimed my client
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00:00:24,415 --> 00:00:26,168
groped you on the dance floor?
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Yes, I had to smack him away.
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With one hand, because your other hand
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was holding a vodka and soda?
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00:00:31,719 --> 00:00:34,724
How many drinks in
were you at this party?
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00:00:35,305 --> 00:00:37,976
Objection, Valentina Palma
isn't on trial here.
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00:00:38,025 --> 00:00:40,149
- Ian Hunter is.
- Testing my patience, Ms. Calhoun.
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Moving on.
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After my client groped you,
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didn't you ask him for a ride home?
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It was late.
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00:00:48,939 --> 00:00:51,661
I didn't feel safe
taking the subway to the Bronx.
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00:00:51,709 --> 00:00:54,904
And did Ian drive you home?
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Yes, but to his house, not mine.
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To his parents' house in West Hampton.
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Why didn't you tell him to turn around?
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I fell asleep in the car.
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But you were awake enough
to enter his beach house
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- and have sex.
- It wasn't sex.
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- I said no.
- No to getting in his car?
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No to going in the house?
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Or no to having sex with a young man
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you didn't realize had raped you
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- until two months later?
- Objection, badgering.
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Sustained. Last time, Counselor.
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It was two months, wasn't it?
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- Yes, but I...
- Thank you.
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Nothing further.
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- You've been there before.
You've got this, Liv.
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Captain says it's getting ugly.
She testifies next.
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Carisi should have
never let Suffolk County
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take the case first.
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Yeah, but he can try Ian
on forceable touching...
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in Manhattan, four years tops.
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It's 15 years for rape
in Suffolk County.
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If he's convicted.
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Preppy boy charged with raping
a South Bronx Latina
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in the snow white East End.
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Calhoun's defending him.
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It makes me nervous.
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As we both know,
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the fact that Valentina
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didn't disclose for two months is
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not at all unusual.
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If that's true, why didn't
Manhattan take the case?
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Because the more serious
charges were here.
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Not because your DA knew
you had no real evidence?
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- Objection.
- Withdrawn.
58
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Thank you, Captain Benson.
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- Prosecution rests.
- Very well.
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00:02:20,397 --> 00:02:22,186
- Defense ready to proceed?
- We are.
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00:02:22,235 --> 00:02:23,710
But at this time, we move for
62
00:02:23,758 --> 00:02:26,195
a trial order motion, for dismissal.
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Prosecution failed to make a case.
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No rape kit, delayed police report...
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Thank you, Counselor.
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I'll consider your motion
during recess.
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00:02:36,186 --> 00:02:38,501
- Is that motion bad?
- No, it's a routine move.
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00:02:38,549 --> 00:02:39,953
Defense attorneys do it at every trial.
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It's a Hail Mary.
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00:02:41,181 --> 00:02:42,781
Rita Calhoun is worried.
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00:02:42,883 --> 00:02:45,241
She knows that
if she puts Ian on the stand,
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00:02:45,289 --> 00:02:48,391
the jury is gonna see
right through his smirk.
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00:02:48,578 --> 00:02:50,609
Todo está bien, Valentina.
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00:02:53,047 --> 00:02:54,486
So your friend Rita, huh?
75
00:02:54,535 --> 00:02:56,391
I think she grew another
dorsal fin during quarantine.
76
00:02:56,440 --> 00:02:57,746
Oh, it was always there.
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00:02:57,801 --> 00:03:00,078
I think that she just had it sharpened.
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00:03:00,127 --> 00:03:02,405
Judge Gallagher wants everybody in.
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00:03:05,409 --> 00:03:08,697
In "he said, she said" cases,
almost by definition,
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00:03:08,745 --> 00:03:10,526
there is reasonable doubt.
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00:03:10,948 --> 00:03:13,436
Before this accusation,
this exemplary young man
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Ian Hunter, had already been accepted
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to Vanderbilt Law School,
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but you, Ms. Palma,
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00:03:18,322 --> 00:03:21,276
disrespected your scholarship
to Tompkins Square University
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00:03:21,325 --> 00:03:22,925
by binge drinking at a party.
87
00:03:22,974 --> 00:03:26,262
Then, after asking Mr. Hunter
for a ride home
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00:03:26,311 --> 00:03:28,880
and willingly entering his house,
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00:03:29,101 --> 00:03:31,467
you waited two months to decide
you'd been raped.
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I have no way of knowing
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00:03:33,337 --> 00:03:34,771
what actually happened that night,
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00:03:34,820 --> 00:03:37,367
but I do know
that I can't let this court
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00:03:37,416 --> 00:03:40,430
cavalierly destroy Mr. Hunter's future.
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00:03:40,984 --> 00:03:43,891
I've heard the evidence
presented by the prosecution,
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00:03:43,940 --> 00:03:46,601
and I find it legally insufficient
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00:03:46,650 --> 00:03:49,491
to establish
the offense charge therein,
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therefore I am granting
the defense motion
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to dismiss the indictment.
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Thank you, Judge Gallagher.
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00:04:00,677 --> 00:04:02,469
He can't do that, can he?
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He can try, but it doesn't mean
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that he's gonna get away with it.
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We can appeal this.
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This is not over, Valentina.
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I'm so sorry.
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Tough loss.
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I did have home court advantage.
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- What does that mean?
- Gallagher,
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I just found out,
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00:04:20,821 --> 00:04:22,742
he wasn't supposed
to be assigned this trial.
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He bird-dogged it.
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We were all a part of his show trial
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00:04:26,500 --> 00:04:27,740
to shore up his base.
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He just used you
to launch his political career.
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Today I'm announcing my candicacy
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for New York State Attornet General.
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There's lawlessness in the streets.
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Our suburbs, our way of life,are under attack,
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and so are our sons.
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The Me Too pendulum has swung too far.
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"Our sons"?
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Guess he doesn't care
about our daughters.
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Not even a little.
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All this guy cares about is himself
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and his political career.
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What is his pedigree?
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00:05:49,867 --> 00:05:52,186
Hudson U undergrad, Harvard Law,
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00:05:52,235 --> 00:05:54,163
eight years as a Suffolk County ADA.
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00:05:54,212 --> 00:05:55,489
He ever put his thumb on the scale
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00:05:55,538 --> 00:05:57,137
- when he was a prosecutor?
- Yeah, first year,
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he had four high profile
rape convictions,
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all Black and Latino defendants,
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00:06:01,060 --> 00:06:02,811
and then he declined to prosecute
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00:06:02,860 --> 00:06:05,906
a white college male
in a "he said, she said."
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00:06:05,999 --> 00:06:08,419
The old boy network is strong out east.
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00:06:08,467 --> 00:06:09,720
So is the corruption.
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Look who's spearheading his campaign.
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Not the Hunter family?
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Close enough.
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00:06:14,015 --> 00:06:17,475
Tom Burns, Ian Hunter's maternal uncle.
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00:06:17,977 --> 00:06:19,564
That guy was at the trial every day.
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Look.
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00:06:21,947 --> 00:06:24,206
The fix was in before "all rise."
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It's pretty much what Calhoun told us.
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She may have overplayed her hand.
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00:06:28,271 --> 00:06:29,810
I can appeal Gallagher's decision,
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00:06:29,859 --> 00:06:31,742
but Valentina doesn't want
to go through another trial,
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00:06:31,790 --> 00:06:33,638
but if we can prove quid pro quo,
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00:06:33,687 --> 00:06:35,935
there's a good shot that
we get that decision reversed.
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- This may help...
Gallagher and Ian's uncle
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have known each other for 30 years.
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00:06:40,091 --> 00:06:41,912
They were in the same frat at Hudson U.
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00:06:42,034 --> 00:06:43,894
At Hudson U in the '90s?
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00:06:44,803 --> 00:06:46,637
I may know someone
who went to school with them.
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00:06:46,724 --> 00:06:48,556
Another country club buddy?
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00:06:48,604 --> 00:06:50,152
Just the opposite.
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00:06:51,342 --> 00:06:53,100
_
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00:06:53,287 --> 00:06:55,032
Captain, your reputation precedes you.
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00:06:55,080 --> 00:06:56,850
Oh, as does yours.
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00:06:57,209 --> 00:06:59,617
Congratulations on the promotion.
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00:06:59,740 --> 00:07:02,201
Head of the Civil Rights Unit,
that's a big step up.
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00:07:02,250 --> 00:07:04,809
Well, after the riots,
they needed someone...
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00:07:04,857 --> 00:07:06,175
what did my boss say?
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00:07:06,224 --> 00:07:08,593
"Who checked every diversity box."
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00:07:08,921 --> 00:07:10,213
So...
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What brings SVU
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to the people's republic of Brooklyn?
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The past.
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We're looking at a judge.
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Charles Gallagher,
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you two were undergrads
at Hudson U together.
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00:07:18,636 --> 00:07:20,492
- You remember him?
- Chip Gallagher.
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I wish I could un-remember him.
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I worked in the frat kitchen.
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He never bussed a tray once,
and now he's running for AG.
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Yeah,
and to kickstart his campaign, he,
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00:07:30,907 --> 00:07:33,777
- threw out a solid rape case.
- In Suffolk, I heard.
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And it turns out the defendant's uncle
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00:07:35,688 --> 00:07:37,989
was Tom Burns, another Hudson U alum.
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00:07:38,128 --> 00:07:40,199
I know him too, those
two were thick as thieves.
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00:07:40,248 --> 00:07:42,480
So Burns donated to his campaign.
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00:07:42,528 --> 00:07:44,855
If we could prove
that it was a bribe...
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Tough case to make,
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00:07:46,734 --> 00:07:48,238
but I wouldn't be surprised.
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They've been covering up
for each other for years.
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Covering up what?
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I've probably already said too much.
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Counselor...
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00:07:59,178 --> 00:08:02,331
if there's a reason
that Gallagher shouldn't be AG,
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we need to get that out there.
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It was a long time ago...
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Early '90s.
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Sweet, brilliant girl who was so...
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Brutalized by Gallagher, she uh,
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she dropped out of Hudson.
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It's haunted me
because I didn't help her.
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So you're saying that he raped her.
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She told me he raped her
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while Tommy Burns held her down.
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Did she report this?
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00:08:26,438 --> 00:08:29,167
She did, but those days, it got buried.
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Gallagher went on to Harvard Law,
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- became a judge.
- And the victim?
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00:08:35,363 --> 00:08:37,201
Not a week has gone without my thinking
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00:08:37,249 --> 00:08:38,839
about what Chip did to her.
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00:08:42,527 --> 00:08:46,447
Nobody cared back then,
not even Isaiah Holmes.
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00:08:47,089 --> 00:08:49,547
I don't blame him.
We were on scholarship.
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No match for that crowd.
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00:08:51,096 --> 00:08:53,214
Can you tell us about Gallagher?
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00:08:53,766 --> 00:08:56,339
He invited me...
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00:08:56,387 --> 00:08:58,155
April from Sunset Park,
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to a frat party
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00:09:00,239 --> 00:09:02,199
like he was interested in me,
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00:09:02,766 --> 00:09:04,236
but it was a setup.
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00:09:04,285 --> 00:09:05,900
He assaulted you.
216
00:09:06,003 --> 00:09:08,759
One glass of punch.
217
00:09:09,503 --> 00:09:12,287
Then I woke up with Gallagher
on top of me,
218
00:09:12,918 --> 00:09:15,750
his wingman Tommy Burns laughing,
219
00:09:15,954 --> 00:09:17,336
holding me down.
220
00:09:17,417 --> 00:09:19,064
What happened when you reported it?
221
00:09:19,113 --> 00:09:23,914
Campus cops interviewed me,
Chip, his frat brothers.
222
00:09:23,962 --> 00:09:27,025
Then they basically told me I
shouldn't let one drunken night
223
00:09:27,074 --> 00:09:29,085
define my college experience.
224
00:09:29,175 --> 00:09:31,181
Did you ever go to NYPD?
225
00:09:31,276 --> 00:09:32,812
No.
226
00:09:33,272 --> 00:09:35,626
Those guys control the narrative.
227
00:09:36,608 --> 00:09:39,276
I realized I was never
gonna make it in their world.
228
00:09:40,269 --> 00:09:42,035
Never even made it to law school.
229
00:09:42,147 --> 00:09:43,781
Ms. Kelly, look,
230
00:09:43,839 --> 00:09:46,954
your case is past
the statute of limitations,
231
00:09:47,286 --> 00:09:49,488
but often when one person
comes forward...
232
00:09:49,537 --> 00:09:50,671
Not me.
233
00:09:50,775 --> 00:09:53,511
I tried to fight Gallagher
30 years ago.
234
00:09:53,636 --> 00:09:54,938
Lost...
235
00:09:56,475 --> 00:09:58,476
And he's running for AG now?
236
00:09:58,597 --> 00:10:00,160
If I go up against him,
237
00:10:00,261 --> 00:10:03,421
his old boy network will destroy me.
238
00:10:05,950 --> 00:10:07,668
I have to go back to work.
239
00:10:08,667 --> 00:10:09,870
So that's it?
240
00:10:09,919 --> 00:10:11,644
Well, if she reported it to Hudson,
241
00:10:11,693 --> 00:10:12,994
there might be a record.
242
00:10:13,082 --> 00:10:14,722
Yeah, but didn't you
used to know the president?
243
00:10:14,770 --> 00:10:16,636
Well, there's been
a revolving door lately,
244
00:10:16,685 --> 00:10:18,519
but Gallagher teaches there.
245
00:10:18,740 --> 00:10:21,562
I should give the new president
the courtesy of a heads-up.
246
00:10:23,011 --> 00:10:25,019
_
247
00:10:25,120 --> 00:10:27,111
We're lucky to have a judge
of Gallagher's stature
248
00:10:27,159 --> 00:10:28,826
teaching constitutional law here.
249
00:10:28,907 --> 00:10:30,498
We think the world of him.
250
00:10:33,488 --> 00:10:35,878
Well, it doesn't seem
like your students agree.
251
00:10:36,011 --> 00:10:38,197
I can't say I entirely
disagree with them.
252
00:10:38,246 --> 00:10:40,914
The ruling in the Suffolk case
was upsetting.
253
00:10:40,980 --> 00:10:42,386
Frankly, I wish the Manhattan DA
254
00:10:42,435 --> 00:10:43,511
had prosecuted the case.
255
00:10:43,560 --> 00:10:45,899
That was a decision
beyond my pay grade.
256
00:10:45,976 --> 00:10:48,244
I imagine there's a lot of those.
257
00:10:48,597 --> 00:10:51,168
Anyway, if you're vetting him
for his AG run,
258
00:10:51,216 --> 00:10:52,669
I can assure you,
259
00:10:52,831 --> 00:10:54,792
there have been no complaints
about him here.
260
00:10:54,840 --> 00:10:56,187
As a professor.
261
00:10:56,300 --> 00:10:59,210
And I realize this is
before your time here,
262
00:10:59,258 --> 00:11:00,845
but do you know anything
263
00:11:00,893 --> 00:11:02,923
about his record as an undergrad?
264
00:11:03,714 --> 00:11:05,706
You're fishing for something.
265
00:11:05,793 --> 00:11:07,584
You want to give me a hint?
266
00:11:09,625 --> 00:11:12,527
There may have been
a sexual misconduct claim
267
00:11:12,777 --> 00:11:14,947
filed against him
when he was at Tau Omega.
268
00:11:15,036 --> 00:11:16,503
This would have been in the '90s.
269
00:11:16,576 --> 00:11:17,777
Yes.
270
00:11:17,911 --> 00:11:19,626
- I'll look into it.
- Thank you.
271
00:11:19,675 --> 00:11:21,489
But I doubt we'll find anything,
272
00:11:21,625 --> 00:11:23,269
given his character
273
00:11:23,317 --> 00:11:24,550
and, frankly, the way complaints
274
00:11:24,598 --> 00:11:26,995
- were handled back then...
- I would appreciate any help.
275
00:11:27,872 --> 00:11:29,130
Of course.
276
00:11:33,003 --> 00:11:34,324
You get anything, captain?
277
00:11:34,373 --> 00:11:36,550
Well, President DuBois agreed
278
00:11:36,599 --> 00:11:39,048
to look into April's
accusations against the judge.
279
00:11:39,097 --> 00:11:40,821
- And you believe her?
- I don't know.
280
00:11:40,870 --> 00:11:42,753
I mean, she said all the right things,
but,
281
00:11:42,801 --> 00:11:44,174
that's why they hired her.
282
00:11:44,223 --> 00:11:45,610
Ask Carisi for a warrant.
283
00:11:45,682 --> 00:11:47,575
I think that'll raise a red flag.
284
00:11:50,642 --> 00:11:52,289
There might be a better way.
285
00:11:53,541 --> 00:11:55,354
Working campus police,
286
00:11:55,402 --> 00:11:57,696
I got more bennies than even you guys.
287
00:11:57,788 --> 00:11:59,708
Three kids, free tuition.
288
00:11:59,847 --> 00:12:01,401
My third's a senior,
289
00:12:01,449 --> 00:12:02,836
protesting that judge.
290
00:12:02,885 --> 00:12:04,724
Actually, he's why we're here.
291
00:12:04,957 --> 00:12:06,243
Any chance you were on the job
292
00:12:06,291 --> 00:12:08,018
back when Gallagher was a undergrad?
293
00:12:08,067 --> 00:12:09,242
My first year.
294
00:12:09,291 --> 00:12:10,748
You know he was accused
of raping a girl
295
00:12:10,796 --> 00:12:12,167
your daughter's age?
296
00:12:12,297 --> 00:12:13,851
Listen, I can't talk to you, man.
297
00:12:13,899 --> 00:12:15,252
You gotta go through administration.
298
00:12:15,300 --> 00:12:16,752
You know how that goes.
299
00:12:16,830 --> 00:12:18,289
Any chance you got
any of your memo books
300
00:12:18,337 --> 00:12:19,879
from back in the day?
301
00:12:21,407 --> 00:12:23,628
The victim's name was April Kelly.
302
00:12:23,677 --> 00:12:25,164
Sorry, I gotta go, Officer.
303
00:12:25,213 --> 00:12:27,164
I drive my daughter home every day.
304
00:12:27,265 --> 00:12:30,100
You can never be too safe
with a college girl.
305
00:12:31,416 --> 00:12:33,205
I wish I could have
been more help, man.
306
00:12:34,253 --> 00:12:36,456
Hey, if anything comes up.
307
00:12:36,984 --> 00:12:38,812
- Hi, Dad.
- Hey.
308
00:12:39,027 --> 00:12:40,492
Hello, Officer.
309
00:12:43,722 --> 00:12:45,315
_
310
00:12:45,364 --> 00:12:47,555
Investigatinga decades old assault charge
311
00:12:47,604 --> 00:12:49,620
on Judge Gallagher
with a reluctant victim
312
00:12:49,669 --> 00:12:50,729
seems an overreach.
313
00:12:50,778 --> 00:12:52,088
He's running for attorney general.
314
00:12:52,137 --> 00:12:53,939
His victim disclosed to me at the time.
315
00:12:53,988 --> 00:12:56,151
Chief, I spoke to her myself.
316
00:12:56,199 --> 00:12:58,779
- She's credible.
- And her case is outside the statute.
317
00:12:58,828 --> 00:13:00,377
This guy is a predator,
318
00:13:00,425 --> 00:13:01,731
who protects other predators.
319
00:13:01,780 --> 00:13:04,134
If we keep digging,
we're gonna find more victims.
320
00:13:04,577 --> 00:13:06,725
Sorry, sir, I told him
you were in a meeting.
321
00:13:06,774 --> 00:13:08,421
My fault, Chief. It's important.
322
00:13:08,470 --> 00:13:10,458
I'd appreciate a few minutes.
323
00:13:10,670 --> 00:13:12,156
Of course, Judge.
324
00:13:12,260 --> 00:13:13,662
It's okay, Celia.
325
00:13:14,259 --> 00:13:16,146
So these are my accusers?
326
00:13:16,194 --> 00:13:19,918
Captain, Counselor, and Isaiah.
327
00:13:20,115 --> 00:13:21,633
Et tu, busboy?
328
00:13:21,704 --> 00:13:23,074
Been a long time, Chip.
329
00:13:23,123 --> 00:13:24,755
Counselor Holmes and I go way back
330
00:13:24,803 --> 00:13:26,916
when he was slinging fish sticks.
331
00:13:27,190 --> 00:13:28,501
He knows I have nothing to hide.
332
00:13:28,567 --> 00:13:30,127
You have questions,
you should have come to me.
333
00:13:30,175 --> 00:13:31,295
Just due diligence, Your Honor.
334
00:13:31,343 --> 00:13:32,796
This because you just lost your case
335
00:13:32,844 --> 00:13:34,409
or because I'm running for AG?
336
00:13:34,528 --> 00:13:36,562
We have a credible accusation.
337
00:13:36,622 --> 00:13:38,929
Credible or ginned up?
338
00:13:39,051 --> 00:13:41,305
In this environment,
any woman can say anything.
339
00:13:41,354 --> 00:13:43,649
If you have political opponents,
they'll run with it.
340
00:13:43,698 --> 00:13:47,693
Well, if that's the case,
then we'll find out.
341
00:13:47,793 --> 00:13:49,862
Before or after you've achieved
342
00:13:49,911 --> 00:13:52,151
your true goal to tar me?
343
00:13:53,754 --> 00:13:55,399
That's not what this is about, Judge.
344
00:13:55,448 --> 00:13:57,143
You're gonna sit there
and tell me these three
345
00:13:57,192 --> 00:13:58,945
aren't biased against me?
346
00:13:59,166 --> 00:14:00,662
You're a smart guy.
347
00:14:00,827 --> 00:14:03,264
Think you'd know a hanging jury
when you see one.
348
00:14:18,737 --> 00:14:20,431
Thanks for calling.
349
00:14:20,941 --> 00:14:22,325
Wasn't my idea.
350
00:14:22,373 --> 00:14:23,981
Well, thank your daughter.
351
00:14:24,587 --> 00:14:26,830
Went through
some old boxes in my garage,
352
00:14:26,879 --> 00:14:29,559
found a bunch of old memo books,
353
00:14:29,607 --> 00:14:32,139
- but.
- I didn't get 'em from you.
354
00:14:32,299 --> 00:14:34,447
And his other two victims I found,
355
00:14:34,673 --> 00:14:37,161
you didn't get those from me either.
356
00:14:37,366 --> 00:14:38,908
Understood.
357
00:14:51,760 --> 00:14:54,384
So how did you guys hear about my case?
358
00:14:54,546 --> 00:14:58,204
Hudson U just treated me
like I was toxic waste.
359
00:14:58,393 --> 00:15:01,978
Well, somebody who cared came forward.
360
00:15:02,790 --> 00:15:04,937
Look, if you feel uncomfortable at all,
361
00:15:04,986 --> 00:15:06,759
or if you don't remember the details...
362
00:15:06,808 --> 00:15:09,029
Oh, I remember the details.
363
00:15:09,439 --> 00:15:11,980
Chip Gallagher assaulted me.
364
00:15:12,554 --> 00:15:14,141
So can you tell us what happened?
365
00:15:14,274 --> 00:15:15,983
I passed out at a party,
366
00:15:16,388 --> 00:15:18,626
woke up with his thing in my hand,
367
00:15:18,745 --> 00:15:20,473
and the whole room was laughing.
368
00:15:20,533 --> 00:15:22,717
- Did you report Gallagher?
- The next day.
369
00:15:23,017 --> 00:15:25,688
They took statements
from everybody in the room,
370
00:15:25,916 --> 00:15:27,541
Chip's pals,
371
00:15:27,746 --> 00:15:29,531
my so-called friends.
372
00:15:29,687 --> 00:15:32,338
They all backed Chip,
just like with April.
373
00:15:32,433 --> 00:15:34,477
So you knew about April.
374
00:15:34,596 --> 00:15:36,236
When April heard about it,
375
00:15:36,862 --> 00:15:38,369
she reached out,
376
00:15:38,440 --> 00:15:40,534
told me what Gallagher did to her.
377
00:15:40,613 --> 00:15:43,248
At least it made me feel
like I wasn't crazy.
378
00:15:44,887 --> 00:15:47,865
If we can make a case
against Gallagher,
379
00:15:48,931 --> 00:15:50,607
would you be willing to testify?
380
00:15:50,656 --> 00:15:51,869
Isn't it too long ago?
381
00:15:51,918 --> 00:15:54,220
We wouldn't be able
to prosecute your case,
382
00:15:54,330 --> 00:15:57,302
but this is still
an open investigation,
383
00:15:57,650 --> 00:16:02,891
so his conduct with you would
certainly speak to pattern.
384
00:16:04,073 --> 00:16:05,798
If you say so.
385
00:16:06,572 --> 00:16:09,134
In my opinion, guys like Gallagher,
386
00:16:09,251 --> 00:16:11,483
they've been above the law for so long,
387
00:16:11,627 --> 00:16:13,526
nothing touches them.
388
00:16:17,086 --> 00:16:18,557
I was a freshman.
389
00:16:18,658 --> 00:16:21,642
I couldn't believe I was
invited to a Hamptons party.
390
00:16:21,775 --> 00:16:23,279
I had some drinks.
391
00:16:24,103 --> 00:16:25,446
I woke up on a boat,
392
00:16:25,541 --> 00:16:28,062
naked and alone with Chip Gallagher.
393
00:16:29,060 --> 00:16:30,575
I was scared.
394
00:16:30,696 --> 00:16:33,182
- I begged Chip to take us back.
- And what did he say?
395
00:16:33,335 --> 00:16:34,962
He said I had two choices...
396
00:16:35,010 --> 00:16:36,507
Hump or jump.
397
00:16:36,939 --> 00:16:38,069
I'm so sorry.
398
00:16:38,118 --> 00:16:40,064
I was a city kid. I couldn't swim.
399
00:16:40,209 --> 00:16:41,829
At least it was over fast.
400
00:16:42,572 --> 00:16:44,374
Did you ever file a police report?
401
00:16:44,423 --> 00:16:47,082
Hudson U said it was
a campus security matter.
402
00:16:47,282 --> 00:16:48,402
When you're on financial aid,
403
00:16:48,450 --> 00:16:49,737
you do what the school tells you.
404
00:16:49,785 --> 00:16:51,072
So they told you they'd look into it
405
00:16:51,120 --> 00:16:52,700
and not to go to the police.
406
00:16:53,070 --> 00:16:55,108
Would you be willing
to testify against him?
407
00:16:55,261 --> 00:16:56,943
I'm a court reporter.
408
00:16:56,992 --> 00:16:59,246
For the past 15 years,
I've taken the testimony
409
00:16:59,294 --> 00:17:02,336
of every skeeze, sleaze,
and scumbag they make.
410
00:17:02,702 --> 00:17:03,994
My dream...
411
00:17:04,042 --> 00:17:05,377
Someone else typing while I testify
412
00:17:05,425 --> 00:17:07,006
against Chip Gallagher.
413
00:17:09,738 --> 00:17:11,359
So April is still reluctant,
414
00:17:11,407 --> 00:17:13,894
but Francine is willing,
415
00:17:14,009 --> 00:17:17,398
and Carmen has already given
an interview to Buzzfeed
416
00:17:17,446 --> 00:17:19,100
about how she was sexually assaulted
417
00:17:19,148 --> 00:17:21,302
by Gallagher as an undergrad.
418
00:17:21,350 --> 00:17:23,990
And we've got campus police
memo books to back 'em up.
419
00:17:24,038 --> 00:17:25,568
Okay, it's a start, it goes to pattern,
420
00:17:25,616 --> 00:17:27,308
but I still need a case
within the statute.
421
00:17:27,356 --> 00:17:28,584
Also going to pattern,
422
00:17:28,632 --> 00:17:30,763
Gallagher only chooses
women from lower classes...
423
00:17:30,811 --> 00:17:32,346
on scholarships, ethnic.
424
00:17:32,394 --> 00:17:34,215
So we look for more women in his orbit
425
00:17:34,263 --> 00:17:35,334
that fit that profile.
426
00:17:35,382 --> 00:17:36,513
Well, you better move fast.
427
00:17:36,562 --> 00:17:38,405
Gallagher's circling the wagons.
428
00:17:40,569 --> 00:17:42,340
With us today are ten lawyers
429
00:17:42,389 --> 00:17:44,311
who've been mentored
by Judge Gallagher,
430
00:17:44,359 --> 00:17:45,605
as interns,
431
00:17:45,653 --> 00:17:47,751
clerks, or students.
432
00:17:48,010 --> 00:17:49,272
Each of these women,
433
00:17:49,320 --> 00:17:50,998
has signed a statement attesting,
434
00:17:51,046 --> 00:17:53,936
that the judge is a man
of impeccable character,
435
00:17:54,280 --> 00:17:56,137
incapable of the kind of behavior
436
00:17:56,185 --> 00:17:58,672
he has been falsely accused of.
437
00:17:58,720 --> 00:18:01,194
Calhoun is defending Gallagher now.
438
00:18:01,381 --> 00:18:03,405
- So there really is no bottom.
- Or shame.
439
00:18:03,454 --> 00:18:05,264
She just argued a case in front of him.
440
00:18:05,313 --> 00:18:07,788
I pride myself on having created
441
00:18:07,836 --> 00:18:09,784
opportunities for women
442
00:18:09,832 --> 00:18:11,459
throughout my career.
443
00:18:11,608 --> 00:18:15,452
If I stand for anything,it's for equity and fairness.
444
00:18:15,698 --> 00:18:19,660
I don't see gender, race, or creed.
445
00:18:20,342 --> 00:18:21,962
All right, well,
he doesn't see class or color,
446
00:18:22,010 --> 00:18:23,297
but when I look at that screen,
447
00:18:23,345 --> 00:18:25,457
all I see are white women of privilege.
448
00:18:25,506 --> 00:18:26,934
So we know he's not raping them.
449
00:18:26,982 --> 00:18:28,836
But these guys call in favors
450
00:18:28,884 --> 00:18:30,171
from women they haven't assaulted.
451
00:18:30,219 --> 00:18:32,561
- We've seen that move before.
- All right,
452
00:18:32,609 --> 00:18:33,818
then we need to find the women
453
00:18:33,867 --> 00:18:35,691
that didn't sign that statement.
454
00:18:36,757 --> 00:18:39,054
_
455
00:18:39,447 --> 00:18:41,312
This was over ten years ago.
456
00:18:42,047 --> 00:18:43,210
I can guess why you're here,
457
00:18:43,258 --> 00:18:44,921
and I can tell you right
now I can't help you.
458
00:18:44,970 --> 00:18:48,158
You weren't a part of
Gallagher's press conference.
459
00:18:48,752 --> 00:18:50,372
I just made junior partner at my firm.
460
00:18:50,421 --> 00:18:52,693
- I didn't have the time.
- Maybe it's because Gallagher
461
00:18:52,741 --> 00:18:54,449
was less of a gentleman with you.
462
00:18:54,602 --> 00:18:56,931
He was my professor, my mentor.
463
00:18:56,979 --> 00:18:58,732
And you're saying he wasn't hands on?
464
00:18:58,787 --> 00:19:00,011
I wouldn't be here today
465
00:19:00,059 --> 00:19:02,072
earning high six figures
without his referral.
466
00:19:02,121 --> 00:19:03,640
You should be very proud,
467
00:19:03,836 --> 00:19:05,705
a girl from the Pink Houses.
468
00:19:06,955 --> 00:19:08,209
I am.
469
00:19:08,332 --> 00:19:09,810
I moved my moms out of the projects
470
00:19:09,858 --> 00:19:11,712
in Brownsville
into a brownstone I now own.
471
00:19:11,761 --> 00:19:13,933
You're afraid all
that'll go away if you...
472
00:19:13,981 --> 00:19:16,397
Let people think that you
slept with your professor?
473
00:19:17,465 --> 00:19:19,347
I was talking to your partner.
474
00:19:19,396 --> 00:19:20,965
He's my boss,
475
00:19:21,488 --> 00:19:23,595
but maybe you and I have...
476
00:19:25,541 --> 00:19:27,527
More in common than you think.
477
00:19:28,250 --> 00:19:30,146
I had to leave
my first job, my hometown,
478
00:19:30,195 --> 00:19:32,163
because of a guy like Gallagher.
479
00:19:33,081 --> 00:19:35,800
Then you know I didn't sleep with him.
480
00:19:36,194 --> 00:19:37,433
Yeah.
481
00:19:40,455 --> 00:19:41,909
He said he needed an assistant
482
00:19:41,957 --> 00:19:43,715
on a fast track to clerk.
483
00:19:44,804 --> 00:19:47,189
Didn't matter that I was
one of his best students.
484
00:19:47,832 --> 00:19:49,173
I had a choice,
485
00:19:49,222 --> 00:19:50,951
between failing his class or acing it
486
00:19:50,999 --> 00:19:52,119
with a law school recommendation
487
00:19:52,167 --> 00:19:53,447
and a clerkship that led to this job...
488
00:19:53,495 --> 00:19:54,839
Maya, you don't need me to tell you,
489
00:19:54,887 --> 00:19:56,056
that that's rape.
490
00:19:56,104 --> 00:19:57,801
Maybe rape three,
491
00:19:57,941 --> 00:19:59,393
but that's a tough case,
492
00:19:59,496 --> 00:20:01,561
and it might put
my partnership at risk.
493
00:20:02,978 --> 00:20:04,800
Maya, I can't tell you what to do,
494
00:20:06,160 --> 00:20:08,068
but I've never known
a sister from Brownsville
495
00:20:08,116 --> 00:20:09,668
that would step away from a fight,
496
00:20:09,717 --> 00:20:11,567
when someone had done her wrong.
497
00:20:17,092 --> 00:20:19,386
Two women he went to college with
498
00:20:19,435 --> 00:20:21,448
and someone who clerked for him
499
00:20:21,496 --> 00:20:24,084
are making unsubstantiated accusations.
500
00:20:24,132 --> 00:20:25,873
This isn't an investigation.
501
00:20:25,921 --> 00:20:27,730
It's a political inquisition.
502
00:20:27,779 --> 00:20:30,457
Rita, you can spin this
any way you want.
503
00:20:30,610 --> 00:20:32,452
We found these women.
504
00:20:32,560 --> 00:20:33,865
They didn't come to us.
505
00:20:33,914 --> 00:20:36,035
And the DA's willing to go
to trial on this tomorrow.
506
00:20:36,178 --> 00:20:37,457
Correct me if I'm wrong, Counselor.
507
00:20:37,506 --> 00:20:39,500
You went to Fordham Law night school?
508
00:20:39,548 --> 00:20:41,529
You've been a ADA for a year?
509
00:20:41,577 --> 00:20:43,300
Hold on, Your Honor.
510
00:20:43,607 --> 00:20:46,307
Neither of you like my client,
but let's face it.
511
00:20:46,355 --> 00:20:47,474
If you had a viable case,
512
00:20:47,522 --> 00:20:49,089
you'd have already perp walked him,
513
00:20:49,138 --> 00:20:51,178
so why are we here?
514
00:20:51,732 --> 00:20:54,315
The DA's also willing not to proceed
515
00:20:54,453 --> 00:20:57,136
if Judge Gallagher agrees
to drop out of the AG race.
516
00:20:57,185 --> 00:20:58,385
What the hell are you talking about?
517
00:20:58,433 --> 00:20:59,982
He'd also have to resign
from the bench.
518
00:21:00,031 --> 00:21:01,405
Olivia...
519
00:21:02,279 --> 00:21:05,125
I have asked the judge to give
you the benefit of the doubt,
520
00:21:05,173 --> 00:21:08,275
but these overt ideological
and personal attacks
521
00:21:08,324 --> 00:21:09,410
are beyond the pale.
522
00:21:09,459 --> 00:21:11,119
Rita, this isn't personal,
523
00:21:11,167 --> 00:21:12,771
and this is not political.
524
00:21:12,832 --> 00:21:15,487
Your client is a rapist.
525
00:21:15,550 --> 00:21:16,856
The only reason,
526
00:21:17,417 --> 00:21:19,271
that he's getting off
on a complete walk,
527
00:21:19,319 --> 00:21:20,675
is because the DA
doesn't want it to look
528
00:21:20,723 --> 00:21:22,793
like he's interfering
in a political race.
529
00:21:22,841 --> 00:21:24,011
I'd take it, Counselor.
530
00:21:24,059 --> 00:21:25,768
Respectfully pass.
531
00:21:25,816 --> 00:21:27,348
Judge, let's go.
532
00:21:27,515 --> 00:21:28,634
You people in Manhattan
533
00:21:28,683 --> 00:21:30,026
really live in a bubble, don't you?
534
00:21:30,075 --> 00:21:31,547
The world has changed.
535
00:21:31,700 --> 00:21:33,220
You have no idea
what you're dealing with.
536
00:21:33,268 --> 00:21:34,394
You know, if you keep this up,
537
00:21:34,443 --> 00:21:35,809
I'll see to it you're disbarred.
538
00:21:35,917 --> 00:21:38,048
You get lucky,
maybe the NYPD'll take you back.
539
00:21:38,097 --> 00:21:40,027
You can do traffic stops
on Staten Island.
540
00:21:40,075 --> 00:21:42,269
- Your Honor, we're done here.
- Okay, all right.
541
00:21:42,503 --> 00:21:44,550
Something they
can't teach you at Fordham,
542
00:21:44,888 --> 00:21:46,500
how to belong.
543
00:21:46,719 --> 00:21:48,599
People on the eighth floor
who nod at you in the elevator,
544
00:21:48,647 --> 00:21:50,378
they can smell the flop sweat
545
00:21:50,426 --> 00:21:52,519
and the garlic coming
off your cheap suit.
546
00:21:52,620 --> 00:21:53,673
Keep going, Judge.
547
00:21:53,722 --> 00:21:54,784
Yeah, what do you want to hear,
you dumb dago?
548
00:21:54,832 --> 00:21:55,946
- You want to go?
- Yeah, fine.
549
00:21:55,995 --> 00:21:57,755
- I'll take you out right here.
- Okay, that's enough.
550
00:21:57,803 --> 00:21:59,123
- That's enough.
- Or we can go right now.
551
00:21:59,171 --> 00:22:00,875
- Either way's fine for me.
- Carisi.
552
00:22:03,282 --> 00:22:04,829
No need.
553
00:22:04,878 --> 00:22:06,274
You're in so far over your head,
554
00:22:06,323 --> 00:22:08,956
you don't even know
your career's dead and buried.
555
00:22:18,728 --> 00:22:21,307
- You okay?
- Fine.
556
00:22:21,983 --> 00:22:23,417
Screw him.
557
00:22:32,366 --> 00:22:34,686
- I'm sorry you had to listen to that.
- I'm not.
558
00:22:34,735 --> 00:22:35,808
It's always good to know
559
00:22:35,857 --> 00:22:37,138
what's right there below the surface.
560
00:22:37,186 --> 00:22:38,560
He has so much ego.
561
00:22:38,805 --> 00:22:41,013
He thinks that he's invulnerable.
562
00:22:41,062 --> 00:22:42,464
It hasn't even occurred to him
563
00:22:42,512 --> 00:22:43,581
that he's risking prison time.
564
00:22:43,629 --> 00:22:44,712
Eh, to the contrary.
565
00:22:44,761 --> 00:22:45,823
He sees this as a way
566
00:22:45,871 --> 00:22:47,143
to shore up his status as a victim
567
00:22:47,191 --> 00:22:49,247
of cancel culture persecution.
568
00:22:51,292 --> 00:22:52,993
Charges are slanderous...
569
00:22:53,042 --> 00:22:55,148
Calhoun is beating that drum
as loud as she can.
570
00:22:55,269 --> 00:22:57,153
You have your work cut out for you,
Counselor, good luck.
571
00:22:57,349 --> 00:23:00,610
My client has been
a respected and dedicated
572
00:23:00,659 --> 00:23:03,722
civil servant for over 1/4 century.
573
00:23:03,870 --> 00:23:08,245
He has devoted his entire life
to upholding the Constitution
574
00:23:08,294 --> 00:23:09,597
and the rule of law.
575
00:23:09,646 --> 00:23:11,600
Isn't Carmen your first witness?
576
00:23:11,823 --> 00:23:13,378
Ms. Benitez, you need to wait with
577
00:23:13,426 --> 00:23:14,776
the court officer until you testify.
578
00:23:14,824 --> 00:23:16,840
- I won't be testifying.
- Wait, hold on, look,
579
00:23:17,068 --> 00:23:19,675
I know how stressful this can be,
but you were solid on...
580
00:23:19,724 --> 00:23:21,948
I just got a text from my supervisor.
581
00:23:22,199 --> 00:23:23,865
He said if I testify,
no judge will take me
582
00:23:23,914 --> 00:23:24,996
as their court reporter.
583
00:23:25,044 --> 00:23:26,930
I'm sorry, I have to work. I have kids.
584
00:23:26,979 --> 00:23:28,603
Hold on, hold on,
they're threatening to blackball you.
585
00:23:28,651 --> 00:23:29,930
That is illegal. They cannot do that.
586
00:23:29,979 --> 00:23:31,219
Like that's ever stopped Gallagher.
587
00:23:31,267 --> 00:23:33,422
- We can call your supervisor.
- Please don't.
588
00:23:39,137 --> 00:23:40,778
All right, I'll just...
589
00:23:41,036 --> 00:23:42,192
I just tell Francine,
590
00:23:42,240 --> 00:23:43,960
that after opening statements,
she's up first now.
591
00:23:44,008 --> 00:23:46,105
Carisi, don't you let
these bastards get to you.
592
00:23:46,188 --> 00:23:47,563
You got this.
593
00:23:51,755 --> 00:23:53,645
_
594
00:23:53,778 --> 00:23:57,021
I was a freshman
at my first frat party.
595
00:23:57,192 --> 00:23:59,924
- I had too much to drink.
- And what happened?
596
00:24:00,079 --> 00:24:03,012
- I must have passed out.
- And when you came to?
597
00:24:03,335 --> 00:24:05,095
I was on the floor.
598
00:24:05,465 --> 00:24:07,895
Chip Gallagher was kneeling over me,
599
00:24:07,944 --> 00:24:11,978
and he had put his erect penis
in my left hand.
600
00:24:13,097 --> 00:24:14,730
Was anyone else there?
601
00:24:15,543 --> 00:24:17,411
His frat brothers watched.
602
00:24:17,557 --> 00:24:19,467
I can still hear them laughing.
603
00:24:19,557 --> 00:24:21,493
Did you report this to Hudson U?
604
00:24:21,593 --> 00:24:23,037
I did.
605
00:24:23,195 --> 00:24:24,744
They told me not to go to the police
606
00:24:24,793 --> 00:24:26,827
and then they deemed it unfounded.
607
00:24:26,909 --> 00:24:28,855
I ended up transferring out.
608
00:24:29,121 --> 00:24:32,272
I've replayed the humiliation
of that moment in my head
609
00:24:32,321 --> 00:24:34,054
for over 30 years.
610
00:24:35,603 --> 00:24:36,908
Thank you.
611
00:24:39,044 --> 00:24:43,763
Ms. Giamba, you've been married twice.
612
00:24:44,816 --> 00:24:48,005
No, I'm sorry.
613
00:24:48,053 --> 00:24:49,585
Three times.
614
00:24:50,255 --> 00:24:54,745
I don't see a ring on your left hand.
615
00:24:54,793 --> 00:24:55,813
No, that's because...
616
00:24:55,861 --> 00:24:57,915
Right, because you've been
divorced three times
617
00:24:57,963 --> 00:25:00,425
- and all for infidelity?
- Objection.
618
00:25:00,474 --> 00:25:02,012
Prosecution is using this woman
619
00:25:02,061 --> 00:25:03,793
as a Molineux pattern witness.
620
00:25:03,887 --> 00:25:06,442
I'm merely showing a pattern
of deceit that this witness...
621
00:25:06,491 --> 00:25:08,792
- Sustained.
- Cheated on three husbands
622
00:25:08,840 --> 00:25:10,594
she promised to be faithful to.
623
00:25:10,642 --> 00:25:12,082
Ms. Calhoun,
624
00:25:12,130 --> 00:25:13,473
the objection is sustained.
625
00:25:13,522 --> 00:25:16,010
I don't see why the jury
should take her word
626
00:25:16,059 --> 00:25:17,576
against my client now.
627
00:25:17,625 --> 00:25:19,457
Jury will disregard.
628
00:25:19,599 --> 00:25:21,705
One more word, Ms. Calhoun,
629
00:25:21,753 --> 00:25:24,039
and I will hold you in contempt.
630
00:25:25,791 --> 00:25:27,658
Nothing further.
631
00:25:32,631 --> 00:25:35,822
Ms. Bell, when you
first met the defendant,
632
00:25:35,871 --> 00:25:37,821
he wasn't just a law school professor.
633
00:25:37,869 --> 00:25:41,125
- He was also a sitting judge.
- Yes.
634
00:25:41,494 --> 00:25:42,947
I looked up to him.
635
00:25:42,996 --> 00:25:44,840
He seemed to take
a special interest in me
636
00:25:44,889 --> 00:25:46,309
even though I was on scholarship.
637
00:25:46,386 --> 00:25:47,784
And what changed your relationship?
638
00:25:47,879 --> 00:25:50,940
I asked if I could use him
as a reference for a clerkship.
639
00:25:51,809 --> 00:25:54,018
He said he would be happy
to discuss my future
640
00:25:54,067 --> 00:25:55,939
if I met him
at his campus office one night.
641
00:25:55,987 --> 00:25:58,208
And what happened in that meeting?
642
00:25:58,340 --> 00:26:00,492
He said he would be open to helping me
643
00:26:00,621 --> 00:26:02,419
if I was open to helping him.
644
00:26:02,561 --> 00:26:04,182
What did you take that to mean?
645
00:26:04,231 --> 00:26:05,512
He made it clear,
646
00:26:05,911 --> 00:26:07,284
that if I wanted good grades,
647
00:26:07,332 --> 00:26:08,852
a recommendation,
648
00:26:08,934 --> 00:26:11,655
I had to, as he put it,
649
00:26:11,903 --> 00:26:13,467
"approach the bench."
650
00:26:14,360 --> 00:26:17,248
By that, he meant service him sexually.
651
00:26:17,387 --> 00:26:18,874
And did you?
652
00:26:20,245 --> 00:26:21,754
Yes...
653
00:26:22,196 --> 00:26:23,827
The first time that night.
654
00:26:24,095 --> 00:26:27,751
I subsequently
had "night court" with him...
655
00:26:28,258 --> 00:26:30,151
His phrase for oral sex...
656
00:26:30,199 --> 00:26:31,809
Until the semester ended.
657
00:26:31,857 --> 00:26:33,632
Did he physically force you?
658
00:26:34,025 --> 00:26:36,419
No, but he made it clear,
659
00:26:36,467 --> 00:26:38,148
that if I didn't do what he wanted,
660
00:26:38,196 --> 00:26:39,879
he wouldn't just fail me.
661
00:26:40,296 --> 00:26:42,186
He'd see to it that I would
lose my scholarship
662
00:26:42,234 --> 00:26:43,675
and be expelled.
663
00:26:43,848 --> 00:26:46,703
One phone call
and my hopes of a law career
664
00:26:46,752 --> 00:26:48,606
would be dead and buried.
665
00:26:48,740 --> 00:26:52,143
Dead and buried.
666
00:26:53,307 --> 00:26:55,347
Those were his exact words?
667
00:26:55,607 --> 00:26:56,884
Yes.
668
00:26:57,727 --> 00:27:00,181
I knew I would never become a lawyer.
669
00:27:00,863 --> 00:27:02,443
Thank you, Ms. Bell.
670
00:27:02,687 --> 00:27:04,887
I know it wasn't easy
for you to be here today.
671
00:27:08,360 --> 00:27:11,746
As a lawyer, Ms. Bell,
672
00:27:11,794 --> 00:27:13,340
I assume you know the penal code
673
00:27:13,388 --> 00:27:15,219
for prostitution in New York State?
674
00:27:15,267 --> 00:27:16,319
Yes,
675
00:27:16,367 --> 00:27:17,989
and I know where you're going,
and this is not...
676
00:27:18,038 --> 00:27:20,157
Didn't you just testify
you exchanged sex
677
00:27:20,205 --> 00:27:22,567
- for monetary rewards?
- I was forced to.
678
00:27:22,645 --> 00:27:23,831
Do you have any proof...
679
00:27:23,879 --> 00:27:26,774
texts, emails, witnesses of your
680
00:27:27,024 --> 00:27:29,833
sex for success arrangement
681
00:27:29,881 --> 00:27:31,663
with my client?
682
00:27:33,999 --> 00:27:35,286
No.
683
00:27:35,787 --> 00:27:37,153
The judge was very careful.
684
00:27:37,201 --> 00:27:39,184
- And you were very grateful?
- Objection.
685
00:27:39,232 --> 00:27:40,911
I'll just prove my point.
686
00:27:40,959 --> 00:27:43,934
Would you please read aloud
687
00:27:43,983 --> 00:27:47,207
this email that you sent
688
00:27:47,255 --> 00:27:48,811
to Judge Gallagher?
689
00:27:56,936 --> 00:28:00,528
"Chip, a note of thanks
for all you've done for me."
690
00:28:00,770 --> 00:28:02,291
"I began my clerkship today,"
691
00:28:02,340 --> 00:28:03,580
"and I never would have made it here,"
692
00:28:03,628 --> 00:28:04,928
"without your support."
693
00:28:05,096 --> 00:28:07,084
Does that sound like the kind of note
694
00:28:07,133 --> 00:28:11,500
that a victim sends to her rapist?
695
00:28:14,226 --> 00:28:16,280
I think a part of me
was trying to pretend
696
00:28:16,328 --> 00:28:18,370
that what he did to me didn't happen.
697
00:28:19,903 --> 00:28:22,239
He had recommended me
for the clerkship, so I...
698
00:28:22,288 --> 00:28:25,862
And didn't you choose him
to swear you in as a lawyer?
699
00:28:25,911 --> 00:28:29,106
And didn't he write a recommendation
700
00:28:29,155 --> 00:28:32,605
to the firm where you
are now a junior partner?
701
00:28:34,045 --> 00:28:35,265
Yes, but that doesn't mean...
702
00:28:35,313 --> 00:28:37,213
Your testimony seems to me
703
00:28:37,262 --> 00:28:40,971
like nothing more
than an ambitious young woman
704
00:28:41,019 --> 00:28:43,621
looking to hustle
some free Me Too publicity.
705
00:28:43,670 --> 00:28:45,656
- Objection.
- Withdrawn.
706
00:28:47,025 --> 00:28:48,801
No more questions.
707
00:28:49,348 --> 00:28:52,731
Ms. Bell, can you in any way benefit
708
00:28:52,780 --> 00:28:54,451
from your testimony here today?
709
00:28:54,577 --> 00:28:55,770
No...
710
00:28:55,818 --> 00:28:59,081
Not if it makes people
question how I got my job.
711
00:29:01,360 --> 00:29:03,066
I want to be fair.
712
00:29:03,542 --> 00:29:05,278
Gallagher did help me.
713
00:29:06,206 --> 00:29:08,261
That's why I didn't
come forward earlier.
714
00:29:08,310 --> 00:29:10,063
But he did assault you?
715
00:29:14,094 --> 00:29:15,262
Yes.
716
00:29:15,473 --> 00:29:17,554
Nothing further. Thank you.
717
00:29:29,919 --> 00:29:31,232
How are you holding up?
718
00:29:31,317 --> 00:29:33,093
Well, they were both better at prep.
719
00:29:33,141 --> 00:29:34,676
Well, they see him sitting at the table
720
00:29:34,725 --> 00:29:36,558
and they get intimidated
all over again.
721
00:29:36,607 --> 00:29:38,089
If I were on that jury,
722
00:29:38,137 --> 00:29:40,512
sex for success
versus inability consent,
723
00:29:40,560 --> 00:29:42,079
I'd see reasonable doubt.
724
00:29:42,153 --> 00:29:43,950
I mean, this is textbook
"he said, she said."
725
00:29:43,998 --> 00:29:45,930
Gallagher's favorite phrase.
726
00:29:47,017 --> 00:29:48,137
April.
727
00:29:48,186 --> 00:29:50,584
There's no reasonable doubt
about what happened to me.
728
00:29:50,633 --> 00:29:51,958
It was rape.
729
00:29:52,084 --> 00:29:54,520
I saw his lawyer's press conference
730
00:29:54,614 --> 00:29:55,926
calling the other victims
731
00:29:55,974 --> 00:29:58,408
opportunists or crazy, or liars.
732
00:29:59,214 --> 00:30:02,489
I don't want Gallagher to
get away with what he's done.
733
00:30:03,107 --> 00:30:04,551
I'll testify.
734
00:30:07,090 --> 00:30:11,055
I woke up lying
on a cold bathroom floor.
735
00:30:11,693 --> 00:30:14,209
I was naked from the waist down.
736
00:30:14,829 --> 00:30:17,848
Chip Gallagher was on top of me.
737
00:30:18,132 --> 00:30:19,822
He was raping me
738
00:30:20,114 --> 00:30:22,328
while one of his brothers held me down.
739
00:30:22,422 --> 00:30:24,413
- Did you go to the police?
- No.
740
00:30:24,551 --> 00:30:26,371
I reported it to Hudson U.
741
00:30:26,419 --> 00:30:27,744
They said they would handle it.
742
00:30:27,812 --> 00:30:29,569
- And did they?
- No.
743
00:30:29,954 --> 00:30:31,408
After they investigated,
744
00:30:31,457 --> 00:30:33,709
they declared the case unfounded.
745
00:30:35,231 --> 00:30:36,618
Thank you, Ms. Kelly.
746
00:30:36,939 --> 00:30:39,739
Ms. Kelly, why do you think
747
00:30:39,856 --> 00:30:43,606
Hudson believed this encounter
748
00:30:43,904 --> 00:30:45,783
- was consensual?
- I don't know.
749
00:30:45,902 --> 00:30:47,465
Was it because none of the supposed
750
00:30:47,513 --> 00:30:49,167
witnesses to this backed you up?
751
00:30:49,216 --> 00:30:50,842
They were his frat buddies.
752
00:30:50,891 --> 00:30:53,387
Didn't campus police
interview two of your friends
753
00:30:53,436 --> 00:30:55,524
who said they saw no rape?
754
00:30:55,573 --> 00:30:57,978
- They weren't in the bathroom.
- Okay.
755
00:30:59,148 --> 00:31:02,293
- You were drinking.
- Yes, I said that... one drink.
756
00:31:02,342 --> 00:31:04,153
And you don't remember how
757
00:31:04,201 --> 00:31:06,989
you got on that bathroom floor?
758
00:31:07,114 --> 00:31:09,196
- No.
- So isn't it possible
759
00:31:09,244 --> 00:31:10,512
you don't remember
760
00:31:10,561 --> 00:31:12,921
initiating the sexual encounter?
761
00:31:12,979 --> 00:31:14,816
- Objection.
- Overruled.
762
00:31:14,865 --> 00:31:16,966
I didn't. He raped me.
763
00:31:17,015 --> 00:31:18,877
But no rape kit, no police report.
764
00:31:18,926 --> 00:31:21,379
Well, they told me
if I reported it to the police,
765
00:31:21,428 --> 00:31:22,948
it could jeopardize my scholarship.
766
00:31:22,997 --> 00:31:25,952
And did you report this to anyone?
767
00:31:26,111 --> 00:31:28,053
I told a classmate...
768
00:31:28,211 --> 00:31:29,589
Isaiah Holmes.
769
00:31:29,637 --> 00:31:33,879
And did Mr. Holmes
do anything on your behalf?
770
00:31:33,950 --> 00:31:37,411
Did he report what you
supposedly told him?
771
00:31:37,460 --> 00:31:39,366
I did tell him!
772
00:31:39,981 --> 00:31:42,337
Chip Gallagher raped me.
773
00:31:42,512 --> 00:31:44,929
He ruined my life.
774
00:31:45,047 --> 00:31:46,968
I was gonna be a lawyer.
775
00:31:47,024 --> 00:31:48,325
Were you?
776
00:31:49,190 --> 00:31:50,707
You failed out of Hudson.
777
00:31:50,755 --> 00:31:52,912
This was 30 years ago.
778
00:31:52,960 --> 00:31:54,965
Isn't it possible
779
00:31:55,051 --> 00:31:57,993
that you ruined your
life all by yourself?
780
00:31:58,042 --> 00:31:59,832
Objection, badgering the witness.
781
00:31:59,881 --> 00:32:01,281
Rephrase.
782
00:32:02,804 --> 00:32:05,125
You're unhappy with your life.
783
00:32:05,512 --> 00:32:07,340
Isn't it possible you're looking,
784
00:32:07,388 --> 00:32:08,770
for someone else to blame?
785
00:32:08,833 --> 00:32:10,196
I can't do this!
786
00:32:10,244 --> 00:32:11,723
I can't.
787
00:32:11,772 --> 00:32:12,934
Your honor, request a recess.
788
00:32:12,983 --> 00:32:15,499
I'm not finished with my line
of questioning, Your Honor.
789
00:32:15,548 --> 00:32:17,375
I think the witness is.
790
00:32:30,746 --> 00:32:31,999
I tried to talk to April.
791
00:32:32,048 --> 00:32:33,869
She said she wished
I never brought any of this up.
792
00:32:33,918 --> 00:32:36,156
I was the one that came
to you in the first place.
793
00:32:36,204 --> 00:32:37,957
I thought I could make things right,
but,
794
00:32:38,121 --> 00:32:39,626
I could not help April today
795
00:32:39,674 --> 00:32:41,613
any more than I could 30 years ago.
796
00:32:42,396 --> 00:32:44,268
You could testify to that.
797
00:32:45,279 --> 00:32:47,200
I was in the courtroom
to be supportive of her.
798
00:32:47,248 --> 00:32:49,480
Calhoun will claim that taints
any testimony I give.
799
00:32:49,529 --> 00:32:51,583
She will, but let me
take it to the judge.
800
00:32:51,886 --> 00:32:54,210
You were an outcry witness.
That has to carry weight.
801
00:32:54,259 --> 00:32:56,647
And you think that'll make
any difference to the jury?
802
00:32:57,131 --> 00:32:59,223
It'll make a difference to Gallagher.
803
00:33:02,536 --> 00:33:04,434
_
804
00:33:04,486 --> 00:33:06,215
When did April Kelly tell you
805
00:33:06,264 --> 00:33:08,852
that she had been raped
by Chip Gallagher?
806
00:33:09,203 --> 00:33:11,159
Your Honor, approach?
807
00:33:15,597 --> 00:33:18,016
Again, I object to this witness.
808
00:33:18,065 --> 00:33:19,918
How do we know Mr. Holmes' testimony
809
00:33:19,967 --> 00:33:21,471
hasn't been tailored to confirm
810
00:33:21,520 --> 00:33:24,090
what he heard
April Kelly claim on the stand?
811
00:33:24,139 --> 00:33:25,626
We went over this
in chambers, Your Honor.
812
00:33:25,675 --> 00:33:28,351
Ms. Calhoun, your objection
is on the record.
813
00:33:28,450 --> 00:33:29,848
You will have the opportunity
814
00:33:29,896 --> 00:33:31,549
to cross-examine on that point,
815
00:33:31,598 --> 00:33:33,098
and, as I said,
816
00:33:33,396 --> 00:33:34,684
I will remind the jury,
817
00:33:34,732 --> 00:33:36,504
that when they evaluate this testimony,
818
00:33:36,553 --> 00:33:38,762
they need to take
Mr. Holmes' earlier presence
819
00:33:38,810 --> 00:33:39,860
into account.
820
00:33:40,340 --> 00:33:42,096
Step back.
821
00:33:44,209 --> 00:33:46,496
You may proceed, Mr. Holmes.
822
00:33:47,317 --> 00:33:48,824
April told me the next day.
823
00:33:48,873 --> 00:33:52,190
She was distraught, broken, I'd say.
824
00:33:52,239 --> 00:33:53,641
I knew she was telling the truth.
825
00:33:53,690 --> 00:33:55,543
Was there another reason
that you believed her?
826
00:33:55,592 --> 00:33:57,098
Yes, that morning,
827
00:33:57,146 --> 00:33:58,684
while serving them
in the frat dining hall,
828
00:33:58,732 --> 00:34:00,002
I heard Chip bragging
829
00:34:00,051 --> 00:34:02,028
about what he'd done to April.
830
00:34:02,162 --> 00:34:03,410
In front of you?
831
00:34:03,458 --> 00:34:04,878
I believe they were accustomed
832
00:34:04,926 --> 00:34:06,045
to not noticing the help.
833
00:34:06,176 --> 00:34:08,031
And did you say anything to Gallagher?
834
00:34:08,148 --> 00:34:10,302
- I tried to confront him.
- You tried?
835
00:34:10,398 --> 00:34:12,731
I was a confused kid in college,
836
00:34:12,780 --> 00:34:15,387
unsure of my own racial
and sexual identity.
837
00:34:15,436 --> 00:34:16,754
Objection. Relevance?
838
00:34:16,803 --> 00:34:18,424
I'm getting to that, Your Honor.
839
00:34:19,168 --> 00:34:20,436
What happened,
840
00:34:20,484 --> 00:34:23,021
when you confronted Mr. Gallagher?
841
00:34:23,070 --> 00:34:24,580
He just smirked.
842
00:34:24,801 --> 00:34:26,182
Then he said, if I reported him,
843
00:34:26,231 --> 00:34:28,189
he would tell everyone I was
"not just a half-breed"
844
00:34:28,238 --> 00:34:29,363
"but a homo,"
845
00:34:29,411 --> 00:34:31,137
and that he knew the school trustees.
846
00:34:31,186 --> 00:34:33,549
He could kill my scholarship
in a phone call.
847
00:34:33,646 --> 00:34:35,033
Mm.
848
00:34:35,285 --> 00:34:36,864
And so you did not
849
00:34:36,912 --> 00:34:39,622
support April's accusation?
850
00:34:40,618 --> 00:34:44,387
No, to my lasting shame.
851
00:34:45,802 --> 00:34:48,068
And even today, is testifying
852
00:34:48,117 --> 00:34:50,145
against a sitting judge,
853
00:34:50,438 --> 00:34:52,292
a candidate for state attorney general,
854
00:34:52,340 --> 00:34:55,188
a good career move for
an assistant district attorney?
855
00:34:55,628 --> 00:34:57,388
I wouldn't think so.
856
00:34:57,983 --> 00:35:00,651
So why are you testifying today?
857
00:35:02,077 --> 00:35:04,631
I am trying to right,
858
00:35:04,852 --> 00:35:08,495
the worst moral lapse of my life...
859
00:35:08,956 --> 00:35:10,588
my silence...
860
00:35:13,160 --> 00:35:15,415
My failure to come forward
on April's behalf
861
00:35:15,463 --> 00:35:17,380
haunts me to this day.
862
00:35:30,599 --> 00:35:33,187
- Okay, Tommy, hold the fort.
This'll all be over soon.
863
00:35:35,879 --> 00:35:39,492
Isaiah, looking a little pasty.
864
00:35:40,391 --> 00:35:41,949
Trying to get back at me
865
00:35:42,021 --> 00:35:44,166
because I never tipped you,
for bussing my trays?
866
00:35:44,261 --> 00:35:45,801
At least you're consistent, Chip.
867
00:35:45,879 --> 00:35:47,692
Once an ass, always an ass.
868
00:35:47,809 --> 00:35:49,093
Said the bottom to the top.
869
00:35:49,142 --> 00:35:50,276
Excuse me?
870
00:35:50,457 --> 00:35:53,246
You know, 30 years ago,
871
00:35:53,294 --> 00:35:55,145
a lot of guys didn't want even a
872
00:35:55,193 --> 00:35:57,509
closeted homo touching their food,
873
00:35:57,558 --> 00:35:59,333
but I stood up for you.
874
00:35:59,627 --> 00:36:02,395
Now that you're a double token
875
00:36:02,443 --> 00:36:04,942
sucking and jiving
your way up the ladder,
876
00:36:04,990 --> 00:36:07,075
this is how you repay me?
877
00:36:07,904 --> 00:36:09,197
Did you feel anything
878
00:36:09,278 --> 00:36:10,807
watching April fall apart on the stand?
879
00:36:10,856 --> 00:36:12,276
She got what she wanted that night.
880
00:36:12,325 --> 00:36:13,401
She wanted to be raped?
881
00:36:13,450 --> 00:36:15,268
It's a common women's fantasy, Holmes,
882
00:36:15,317 --> 00:36:17,330
not that a faggot like youwould know what a woman wants.
883
00:36:17,754 --> 00:36:20,114
- The NYPD can't have witnesses...
- This is inadmissible and illegal!
884
00:36:20,162 --> 00:36:22,813
- Working undercover.
- Nobody at the NYPD,
885
00:36:22,861 --> 00:36:25,587
or my office asked
Mr. Holmes to do this.
886
00:36:25,635 --> 00:36:27,659
How did you come to record this?
887
00:36:27,964 --> 00:36:29,424
When Gallagher
came into the men's room,
888
00:36:29,472 --> 00:36:31,066
I sensed he was going to threaten me,
889
00:36:31,115 --> 00:36:32,189
so I hit record.
890
00:36:32,238 --> 00:36:34,095
Permissible under New York state law.
891
00:36:34,143 --> 00:36:36,746
This is out of context,
892
00:36:36,800 --> 00:36:38,099
men's room talk.
893
00:36:38,217 --> 00:36:39,675
You cannot allow it, Judge.
894
00:36:39,759 --> 00:36:41,699
Actually, I can...
895
00:36:41,892 --> 00:36:43,104
And I will.
896
00:36:49,926 --> 00:36:51,513
Gallagher's taking a deal?
897
00:36:51,561 --> 00:36:53,181
He doesn't want that tape to get out.
898
00:36:53,229 --> 00:36:55,383
He'll end his campaign
and plead to sexual misconduct.
899
00:36:55,431 --> 00:36:57,919
- How much time?
- A year under house arrest.
900
00:36:57,967 --> 00:37:00,166
Figures, judge gets off easy.
901
00:37:00,215 --> 00:37:01,433
It's not my call.
902
00:37:01,482 --> 00:37:03,057
The eighth floor is very sensitive
903
00:37:03,105 --> 00:37:04,634
to being perceived as using their power
904
00:37:04,683 --> 00:37:05,941
to punish political rivals.
905
00:37:05,989 --> 00:37:07,829
Carisi, we get it.
Your hands were tied.
906
00:37:07,877 --> 00:37:09,353
Yeah, we live in divisive times.
907
00:37:09,402 --> 00:37:10,642
Gallagher has a lot of supporters...
908
00:37:10,690 --> 00:37:12,719
Happy to see a conspiracy
against their hero.
909
00:37:12,949 --> 00:37:14,229
Hey, well, at least he's off the bench
910
00:37:14,277 --> 00:37:15,546
and on ankle bracelet.
911
00:37:16,581 --> 00:37:18,382
About to close this out.
912
00:37:21,449 --> 00:37:23,660
_
913
00:37:23,893 --> 00:37:26,381
Are you ready to allocute,
Judge Gallagher?
914
00:37:26,429 --> 00:37:27,679
I am.
915
00:37:28,785 --> 00:37:32,043
Today I plead guilty
to sexual misconduct.
916
00:37:32,161 --> 00:37:33,941
What I thought was consensual
917
00:37:33,989 --> 00:37:35,847
I now understand was perceived
918
00:37:35,895 --> 00:37:38,315
as coercive and hurtful actions.
919
00:37:38,389 --> 00:37:40,418
I understand there's a deal?
920
00:37:40,467 --> 00:37:41,931
We've agreed to the DA's offer
921
00:37:41,980 --> 00:37:44,499
of one year to be served
under house arrest.
922
00:37:44,855 --> 00:37:47,568
Mr. Carisi, are you
comfortable with this?
923
00:37:47,617 --> 00:37:49,925
My office is satisfied, Your Honor.
924
00:37:54,643 --> 00:37:57,478
Well, I'm not.
925
00:38:00,613 --> 00:38:02,707
Judge Gallagher, you come from a
926
00:38:02,755 --> 00:38:04,949
good family, a fine home,
927
00:38:04,997 --> 00:38:08,386
and yet despite all those advantages,
upon achieving power,
928
00:38:08,434 --> 00:38:11,573
you abused it habitually.
929
00:38:13,075 --> 00:38:15,728
So in the interest of true justice
930
00:38:15,777 --> 00:38:17,564
for the women you've abused,
931
00:38:17,613 --> 00:38:19,285
I hereby order you to serve
932
00:38:19,333 --> 00:38:22,744
your one year sentence in a jail cell.
933
00:38:22,792 --> 00:38:24,572
What?
934
00:38:24,894 --> 00:38:26,548
- It's fine.
- You can't do that.
935
00:38:26,597 --> 00:38:28,611
- We had a deal!
- You did.
936
00:38:29,091 --> 00:38:31,003
And as you well understand,
937
00:38:31,051 --> 00:38:33,902
the bench has inherent
powers in these situations.
938
00:38:37,652 --> 00:38:41,751
The long arm of the law
can work both ways.
939
00:38:43,720 --> 00:38:45,187
You're remanded.
940
00:38:47,097 --> 00:38:49,030
Take Mr. Gallagher into custody.
941
00:38:49,078 --> 00:38:50,498
It's fine. Don't worry.
942
00:38:50,546 --> 00:38:52,333
I will be in touch shortly.
943
00:39:07,660 --> 00:39:09,394
How long till he's out on appeal?
944
00:39:09,442 --> 00:39:11,113
I don't care,
it was worth it to see the blood
945
00:39:11,162 --> 00:39:12,882
drain out of his face.
946
00:39:13,063 --> 00:39:14,917
He just got a taste
of his own medicine.
947
00:39:14,966 --> 00:39:16,607
Wouldn't have happened
without you, Counselor.
948
00:39:16,655 --> 00:39:17,777
You were brave to get on the stand.
949
00:39:17,832 --> 00:39:19,360
The women were. I wasn't.
950
00:39:19,408 --> 00:39:20,680
What would have been brave...
951
00:39:20,728 --> 00:39:22,425
if I'd taken a stand 30 years ago.
952
00:39:22,473 --> 00:39:23,949
Take the win, Counselor.
953
00:39:24,036 --> 00:39:25,366
Listen, you feel the need for penance,
954
00:39:25,414 --> 00:39:26,968
every case Gallagher ever dismissed
955
00:39:27,016 --> 00:39:28,269
is now up for review.
956
00:39:28,317 --> 00:39:29,737
Sounds like we have some digging to do.
957
00:39:29,785 --> 00:39:30,869
Excuse me.
958
00:39:30,979 --> 00:39:32,726
I'll try not to gloat.
959
00:39:38,449 --> 00:39:40,615
You all seem pleased with yourselves.
960
00:39:40,747 --> 00:39:42,434
This was just the first round.
961
00:39:42,483 --> 00:39:44,388
You know what I don't understand?
962
00:39:44,722 --> 00:39:47,388
Rita, what the hell were you
thinking defending him?
963
00:39:47,589 --> 00:39:50,181
Read the room, Olivia.
964
00:39:50,673 --> 00:39:53,227
The way the courts are packed,
Gallagher's side,
965
00:39:53,275 --> 00:39:54,876
these guys and women...
966
00:39:54,987 --> 00:39:57,326
The next 30 years,
967
00:39:57,446 --> 00:39:59,974
every appeal all the way
to the Supreme Court.
968
00:40:00,182 --> 00:40:03,638
- The fix is in.
- That's why we keep fighting.
969
00:40:03,686 --> 00:40:06,087
Not if they won't let you in the ring.
970
00:40:07,423 --> 00:40:11,086
Olivia, you keep staying
on the wrong side of this,
971
00:40:11,146 --> 00:40:14,625
you're gonna be marginalized
for the rest of your career.
972
00:40:15,130 --> 00:40:16,689
My advice...
973
00:40:19,702 --> 00:40:22,290
Lie back
and pretend you're enjoying it.
974
00:40:31,148 --> 00:40:35,148
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