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Narrator: In the criminal justice
system, the people are represented
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00:00:04,271 --> 00:00:06,763
by two separate yet
equally important groups...
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00:00:06,807 --> 00:00:08,673
The police who
investigate crime,
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00:00:08,709 --> 00:00:11,338
and the district attorneys
who prosecute the offenders.
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These are their stories.
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00:00:17,417 --> 00:00:19,886
- See ya later, Ernie.
- Ernie: Catch you tomorrow.
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You don't even
give a damn, do you?
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Do you?
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00:00:28,629 --> 00:00:31,064
What do you want me to
do about it, huh, Maggie?
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Like I got a lot of
control over your life.
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I'm not going back there.
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00:00:37,170 --> 00:00:39,230
Where are you gonna go, huh?
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Aw...
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00:00:41,375 --> 00:00:43,173
thanks for the invitation.
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00:00:43,210 --> 00:00:46,044
Look, you just can't start
floppin' all over the place.
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00:00:46,079 --> 00:00:48,207
That's not what
I'm talking about!
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00:00:48,248 --> 00:00:51,685
Let's just get out of here and
we'll figure something out, all right?
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00:00:51,718 --> 00:00:55,655
Oh, so you can just
dump me on the street?
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00:00:57,224 --> 00:00:58,954
Maggie, would you just...
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- Or maybe I'll just
go away and die, huh?
- Maggie...
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How about I do everybody else
a favor and blow it off right here?
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00:01:10,671 --> 00:01:13,300
- Or maybe I'll just do
everybody else!
- Man: Look out!
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00:01:13,340 --> 00:01:15,673
Maggie...
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00:01:19,246 --> 00:01:21,147
give me the gun.
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Why?
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00:01:26,787 --> 00:01:29,154
Fine...
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do whatever the hell you want.
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- No, don't you go!
- Man: Look out.
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00:01:44,738 --> 00:01:46,730
Why'd your girlfriend
try to kill you, Danny?
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00:01:46,773 --> 00:01:48,639
She wasn't tryin'
to kill me, man.
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The gun just went
off. It was an accident.
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You were arguing. Nine
people saw her shoot at you.
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She was drunk,
man. She didn't...
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00:01:55,482 --> 00:01:58,941
Hey, hey... her eyeballs are going
through the ceiling... that ain't drunk.
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00:01:58,986 --> 00:02:01,512
Danny, unlicensed gun...
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Criminal possession
three or four.
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00:02:03,790 --> 00:02:05,622
Felony or misdemeanor?
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00:02:06,693 --> 00:02:09,356
- Maybe she took a little meth.
- What's a little?
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00:02:09,396 --> 00:02:12,423
I don't know...
five or six hits?
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00:02:12,466 --> 00:02:14,196
Your treat?
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00:02:14,234 --> 00:02:16,533
No, man, I don't know
where she could've got it.
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Cerreta: This
better be the truth.
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Boyfriend said she
did six hits of meth.
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Only ID we found.
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00:02:33,754 --> 00:02:36,690
Corson, Maggie.
Issued at Haven House.
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00:02:36,723 --> 00:02:39,386
Catholic drug rehab center.
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Maggie. Maggie.
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I got nowhere to go.
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Look, this is ridiculous.
She's 16. She was stoned.
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00:04:17,157 --> 00:04:20,059
If you want to arrest somebody,
arrest the creep she was with.
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00:04:20,093 --> 00:04:22,460
That's already been done.
Now, listen, as for Maggie...
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Accident or not, she
still has to be arraigned.
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00:04:24,631 --> 00:04:25,775
After that I can take her
back to Haven House?
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00:04:25,799 --> 00:04:28,598
That's up to the judge.
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00:04:28,635 --> 00:04:30,831
It was a relapse... it happens.
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00:04:30,871 --> 00:04:33,705
She is an addict... she's
making a difficult transition.
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00:04:33,740 --> 00:04:35,732
No one is doubting
you... you're telling
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00:04:35,756 --> 00:04:37,973
the wrong people.
She's got to be arraigned.
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Great!
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00:04:41,848 --> 00:04:45,785
- Are you really a...
- A nun? Yes, Detective, I am.
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00:04:45,819 --> 00:04:49,085
So I guess I would
call you "Sister."
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00:04:49,122 --> 00:04:50,852
Call me whatever you want.
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00:04:50,891 --> 00:04:53,759
Sister, has somebody
called Maggie's parents?
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00:04:53,794 --> 00:04:56,787
She ran away from home three
years ago... I doubt she's homesick.
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00:04:56,830 --> 00:04:59,994
Anyway, she's been in
our custody for a year.
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00:05:00,033 --> 00:05:01,968
She's our responsibility.
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00:05:06,239 --> 00:05:08,174
I thought nuns had curfews.
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00:05:08,208 --> 00:05:10,734
That went out with
the penguin suit.
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00:05:11,812 --> 00:05:14,043
Maggie, when you're arraigned,
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00:05:14,080 --> 00:05:16,174
you'll either be placed
in a juvenile ward
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or back at Haven House.
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00:05:18,251 --> 00:05:21,119
Now, chances are, you'll
get a compassionate judge
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00:05:21,154 --> 00:05:22,952
and you can go
back to the house.
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00:05:22,989 --> 00:05:24,855
Maggie?
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Get her out of here! I
don't want her near me.
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00:05:27,794 --> 00:05:31,731
- Maggie...
- Please! Get her out!
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00:05:36,102 --> 00:05:38,003
Let's go have a talk.
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00:05:42,108 --> 00:05:45,272
Maggie, what's the problem?
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00:05:47,681 --> 00:05:49,912
It doesn't have
to leave this room.
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00:05:59,359 --> 00:06:01,260
Maggie...
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00:06:07,100 --> 00:06:10,867
Last night, we
were in the shower...
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00:06:10,904 --> 00:06:13,339
You and who?
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00:06:14,774 --> 00:06:16,538
Sister Bettina?
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00:06:19,880 --> 00:06:22,213
All right, why were
you in the shower?
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00:06:25,652 --> 00:06:28,622
I was sick and...
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00:06:28,655 --> 00:06:31,716
she said I'd feel better
if I had a hot shower.
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00:06:32,726 --> 00:06:35,890
Mm-hmm. Okay.
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00:06:35,929 --> 00:06:38,057
And what happened then?
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00:06:43,203 --> 00:06:46,401
She...
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00:06:46,439 --> 00:06:48,840
She had her hands on me.
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00:06:51,645 --> 00:06:55,082
She put her hands all over me.
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00:07:01,888 --> 00:07:04,949
Okay, okay, all right.
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00:07:08,295 --> 00:07:09,991
Cerreta: It didn't come easy,
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00:07:10,030 --> 00:07:11,965
but she gave me the
whole play-by-play...
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00:07:11,998 --> 00:07:14,900
The what, where, how... everything
that Sister Bettina did to her.
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00:07:14,935 --> 00:07:16,597
You ask the nun about it?
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00:07:16,636 --> 00:07:18,161
We didn't give
her the specifics,
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00:07:18,204 --> 00:07:21,538
but as far as Maggie being flipped
out... she says she doesn't know why.
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00:07:21,574 --> 00:07:23,873
You think this girl is credible?
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00:07:23,910 --> 00:07:26,311
Well, she seemed really
frightened about going back there.
101
00:07:26,346 --> 00:07:28,440
Hey, man, she's a meth head.
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00:07:28,481 --> 00:07:31,417
This could be a fabrication... could
be she wanted to be kicked out.
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00:07:31,451 --> 00:07:34,387
But if she wants out, there are
better ways than a molest charge.
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00:07:34,421 --> 00:07:37,482
She's young, she's speeding...
Who says she needs easy choices?
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00:07:37,524 --> 00:07:38,992
Meaning?
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00:07:39,025 --> 00:07:41,221
Come on, this is the
first time we've seen
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00:07:41,261 --> 00:07:43,730
a false accusation on a
molest and a rape charge?
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00:07:43,763 --> 00:07:46,164
Yeah, but there's also
the other side, Mike.
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00:07:46,199 --> 00:07:49,397
- Where is the girl now?
- Manhattan Psychiatric.
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00:07:49,436 --> 00:07:52,429
The DA dropped her to criminal
possession four on the gun charge.
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00:07:52,472 --> 00:07:54,600
Has she talked to anyone
else about the molest?
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00:07:54,641 --> 00:07:58,669
Only her roommate. We have a call in
to the Executive Director of Haven House.
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00:07:58,712 --> 00:08:02,911
Let's see if we can't dodge the
inevitable uproar on this one, okay?
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00:08:06,953 --> 00:08:11,084
Yesterday evening was
the first I heard about this.
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00:08:11,124 --> 00:08:13,218
Maggie's roommate,
Maria Barragan,
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00:08:13,259 --> 00:08:15,125
brought it to my attention.
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00:08:15,161 --> 00:08:19,155
I sent for Maggie, but
she'd already disappeared.
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00:08:19,199 --> 00:08:21,566
Did you have a chance
to speak to Sister Bettina?
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00:08:21,601 --> 00:08:23,968
This morning, after she
got back from the hospital.
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00:08:24,004 --> 00:08:25,996
She's pretty stunned.
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00:08:26,039 --> 00:08:27,940
What's your take on this?
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00:08:27,974 --> 00:08:30,944
I wish I had one.
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00:08:30,977 --> 00:08:34,106
Maggie Corson can be quite...
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00:08:34,147 --> 00:08:36,707
Lacking in the
credibility department?
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00:08:36,750 --> 00:08:41,085
Look, all these kids
have been on the street.
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00:08:41,121 --> 00:08:44,250
Survival became a lot
more important than honesty
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00:08:44,290 --> 00:08:46,020
some time ago for most of them.
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00:08:46,059 --> 00:08:50,019
So your first instinct on this
would be that Maggie's lying?
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00:08:51,131 --> 00:08:53,760
If Maria hadn't seen
them, I would have to say
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00:08:53,800 --> 00:08:57,168
it sounds incredible... given
Sister Bettina's reputation.
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00:08:57,203 --> 00:09:00,605
Wait a minute. Maria
is the roommate.
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00:09:00,640 --> 00:09:04,042
She saw Sister Bettina
and Maggie together?
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00:09:05,779 --> 00:09:08,408
She said she saw
them in the shower.
134
00:09:12,652 --> 00:09:16,089
I guess it was around 1:00...
Maggie puked all over herself.
135
00:09:16,122 --> 00:09:18,682
Sister B showed up
and took her to the can.
136
00:09:18,725 --> 00:09:20,626
Mm-hmm.
137
00:09:20,660 --> 00:09:24,427
- Did you follow them?
- No, I just waited, but Maggie
wasn't coming back.
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00:09:24,464 --> 00:09:26,763
I got worried,
so I went looking.
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00:09:26,800 --> 00:09:29,201
I heard the water
running in the shower,
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00:09:29,235 --> 00:09:33,002
and I saw Sister B
touching and kissing Maggie.
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00:09:33,039 --> 00:09:35,167
Now, where...
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00:09:37,010 --> 00:09:39,241
where exactly did she kiss her?
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00:09:39,279 --> 00:09:41,805
On her face and her shoulder.
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00:09:41,848 --> 00:09:44,909
- Was Maggie dressed or undressed?
- Undressed.
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00:09:44,951 --> 00:09:48,513
- And Sister Bettina?
- She had on this blue bathrobe.
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00:09:48,555 --> 00:09:50,751
You see anything else? No.
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00:09:50,790 --> 00:09:53,316
I went back to my room.
I pretended I was asleep.
148
00:09:53,359 --> 00:09:56,386
And Maggie came back
by herself... she was crying.
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00:09:56,429 --> 00:09:59,024
She said Sister B
messed with her.
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00:09:59,065 --> 00:10:01,261
What exactly did she say?
151
00:10:01,301 --> 00:10:06,740
She said Sister B put
her fingers, you know...
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00:10:06,773 --> 00:10:09,641
She was wigged out. She
didn't want me to tell anybody.
153
00:10:09,676 --> 00:10:11,304
But you told Mr. Powell.
154
00:10:11,344 --> 00:10:13,040
Sister B's a freak...
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00:10:13,079 --> 00:10:14,877
She shouldn't be
pulling that crap.
156
00:10:14,914 --> 00:10:16,542
Maria, let's get specific.
157
00:10:16,583 --> 00:10:18,882
You said you got worried
when Sister Bettina
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00:10:18,918 --> 00:10:22,013
took Maggie to the
bathroom. Why was that?
159
00:10:23,890 --> 00:10:26,416
She'd come on to me before.
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00:10:26,459 --> 00:10:29,429
She put her hand
on my leg... you know.
161
00:10:29,462 --> 00:10:31,454
And she said she loved me.
162
00:10:31,498 --> 00:10:33,626
She was always
saying she loves me.
163
00:10:36,402 --> 00:10:39,031
That's what I
mean... She's a freak.
164
00:10:45,378 --> 00:10:48,143
Obviously Maria's mixed up.
165
00:10:48,181 --> 00:10:51,481
She says she's pretty
sure of what she saw.
166
00:10:51,518 --> 00:10:54,352
Maria practically grew
up on Times Square.
167
00:10:54,387 --> 00:10:57,084
There, somebody touches
you, it only means one thing.
168
00:10:57,123 --> 00:11:00,059
She's been with us
for only three months.
169
00:11:00,093 --> 00:11:03,860
She hasn't had time to...
rearrange her thinking.
170
00:11:03,897 --> 00:11:07,459
This "hugs, not drugs"...
171
00:11:07,500 --> 00:11:09,298
Do you take that literally?
172
00:11:09,335 --> 00:11:11,702
Do you have any physical
interaction with these girls?
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00:11:11,738 --> 00:11:14,765
It's just a figure of speech.
174
00:11:14,807 --> 00:11:16,673
And you'd be surprised how far
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00:11:16,709 --> 00:11:19,873
the proper amount of
affection will go with these kids.
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00:11:19,913 --> 00:11:24,112
Maria may have her signals
crossed, but that still leaves Maggie.
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00:11:24,150 --> 00:11:27,052
That one, I can't figure out.
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00:11:27,086 --> 00:11:29,282
I always got along
well with Maggie.
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00:11:29,322 --> 00:11:31,154
I don't know what happened.
180
00:11:31,191 --> 00:11:33,285
Maybe she's working
something out,
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00:11:33,326 --> 00:11:36,296
maybe she thinks
that I let her down.
182
00:11:36,329 --> 00:11:39,561
But you don't deny being in
the shower with her that night?
183
00:11:40,800 --> 00:11:44,828
She had stomach flu, and she'd thrown up
all over herself and I helped her wash up.
184
00:11:44,871 --> 00:11:47,363
With a shower at
1:00 in the morning?
185
00:11:47,407 --> 00:11:50,605
A sponge bath would
be less suspicious?
186
00:11:51,611 --> 00:11:54,376
Logan: I may be wrong...
I just don't think she did it.
187
00:11:54,414 --> 00:11:56,781
You think clergy can't
trip over their vows?
188
00:11:56,816 --> 00:11:59,047
It happens... I read the
same news reports you do.
189
00:11:59,085 --> 00:12:01,179
I just don't think this
is one of those cases.
190
00:12:01,221 --> 00:12:04,248
You gotta admit, Phil...
191
00:12:04,290 --> 00:12:06,259
It's not the usual profile.
192
00:12:06,292 --> 00:12:09,990
Just because it's female on female and
it's rare doesn't mean it doesn't happen.
193
00:12:10,029 --> 00:12:13,431
Yeah, I know... "Anybody's
capable of anything."
194
00:12:13,466 --> 00:12:15,298
That's rule number one.
195
00:12:15,335 --> 00:12:17,736
Look, I'm just sayin' this...
196
00:12:17,770 --> 00:12:19,739
If I was to take odds on this...
197
00:12:19,772 --> 00:12:21,468
An ex-altar boy, wagering?
198
00:12:21,507 --> 00:12:24,909
I confess... we used to
lift the wine once in a while.
199
00:12:24,944 --> 00:12:26,913
Not us...
200
00:12:26,946 --> 00:12:29,814
Wafers, unblessed.
201
00:12:35,421 --> 00:12:39,153
- Have you ever been
afraid of Sister Bettina?
- Afraid? No.
202
00:12:40,226 --> 00:12:42,092
Before the night in the shower,
203
00:12:42,128 --> 00:12:45,690
did you ever feel she was
interested in you in a sexual way?
204
00:12:45,732 --> 00:12:47,530
No.
205
00:12:47,567 --> 00:12:50,002
I thought she was
just being nice to me.
206
00:12:51,337 --> 00:12:54,796
But...? I guess I
didn't pick up on it.
207
00:12:54,841 --> 00:12:57,367
I thought she was different.
208
00:12:57,410 --> 00:13:00,107
- Different than...?
- Everybody.
209
00:13:01,381 --> 00:13:03,441
Everybody who uses you.
210
00:13:08,388 --> 00:13:10,687
The night that Sister
Bettina touched you
211
00:13:10,723 --> 00:13:13,318
you were very sick,
weren't you? You had the flu.
212
00:13:13,359 --> 00:13:15,294
Uh-huh.
213
00:13:15,328 --> 00:13:17,820
Did you have any bad dreams?
214
00:13:19,499 --> 00:13:22,298
Are you saying maybe I
hallucinated the whole thing?
215
00:13:22,335 --> 00:13:24,702
I know what she did to me.
216
00:13:24,737 --> 00:13:26,603
I know how she made me feel.
217
00:13:26,639 --> 00:13:28,665
And how is that?
218
00:13:31,044 --> 00:13:34,071
When things happen to you on
the street, you expect it, you know?
219
00:13:34,113 --> 00:13:36,742
But if it happens to
you at Haven House...?
220
00:13:36,783 --> 00:13:39,116
I was supposed to be safe there.
221
00:13:41,354 --> 00:13:43,653
I really trusted her, you know?
222
00:13:45,658 --> 00:13:47,650
I know she did it.
223
00:13:48,661 --> 00:13:50,857
I know how it feels.
224
00:13:50,897 --> 00:13:53,662
Why, has it happened
to you before?
225
00:14:04,143 --> 00:14:06,772
For three and a half years...
226
00:14:08,348 --> 00:14:10,681
Sometimes twice a week.
227
00:14:12,785 --> 00:14:15,448
I was eight when it started.
228
00:14:20,727 --> 00:14:23,629
My mother never believed me.
229
00:14:25,331 --> 00:14:28,893
"No husband of mine
would ever do that," she said.
230
00:14:28,935 --> 00:14:31,063
"He loves you.
231
00:14:33,005 --> 00:14:35,338
He's your stepfather."
232
00:14:42,048 --> 00:14:45,780
Olivet: It's not about sex...
it's about trust and betrayal.
233
00:14:45,818 --> 00:14:47,787
She was betrayed
by her stepfather,
234
00:14:47,820 --> 00:14:51,450
and then she was betrayed one step further
by a mother who refused to hear her.
235
00:14:51,491 --> 00:14:55,223
So Sister Bettina is what...
A kind of surrogate mother?
236
00:14:55,261 --> 00:14:57,162
Maggie was trying to rebuild.
237
00:14:57,196 --> 00:14:59,859
Sister Bettina had become a
figure she was starting to trust.
238
00:14:59,899 --> 00:15:01,731
This thing blew
apart her whole world.
239
00:15:01,768 --> 00:15:04,738
So you don't think this story
could have been rehearsed?
240
00:15:04,771 --> 00:15:06,933
I think this girl was blindsided
241
00:15:06,973 --> 00:15:09,442
by someone she never
even perceived as a threat...
242
00:15:09,475 --> 00:15:12,536
Either emotionally
or gender-wise.
243
00:15:12,578 --> 00:15:14,877
There's a lot of pain there.
244
00:15:14,914 --> 00:15:16,974
I don't think it's an act.
245
00:15:17,016 --> 00:15:19,884
Great, so we move on a nun.
246
00:15:21,087 --> 00:15:23,056
I'll get a warrant.
247
00:15:28,027 --> 00:15:31,225
Does Sister Bettina have anything
else in storage in the building?
248
00:15:31,264 --> 00:15:33,699
Aside from her office, no.
249
00:15:35,168 --> 00:15:39,333
I keep thinkin' I'm gonna get
struck by lightning doing this.
250
00:15:39,372 --> 00:15:41,534
Sister: She should
be allowed to be here.
251
00:15:41,574 --> 00:15:44,134
I don't know why she's
been treated like a criminal.
252
00:15:44,177 --> 00:15:46,840
I'm sure she understands
these men are just doing their job.
253
00:15:46,879 --> 00:15:50,316
Sister Bettina has always
been above reproach.
254
00:15:50,349 --> 00:15:53,717
What exactly are
you guys looking for?
255
00:15:53,753 --> 00:15:56,917
Well, a lot of people
in molestation cases,
256
00:15:56,956 --> 00:15:58,686
they keep diaries,
257
00:15:58,724 --> 00:16:00,852
they might have
photographs, you never know.
258
00:16:00,893 --> 00:16:04,591
Sometimes they save something
from the encounter as sort of a souvenir.
259
00:16:10,369 --> 00:16:12,964
Phil...
260
00:16:16,442 --> 00:16:18,707
"M. Corson."
261
00:16:20,546 --> 00:16:22,174
Vomit?
262
00:16:22,215 --> 00:16:24,446
Cerreta: She said
she was sick that night.
263
00:16:27,286 --> 00:16:29,221
Matching set.
264
00:16:31,491 --> 00:16:34,017
We showed Maggie these garments.
265
00:16:34,060 --> 00:16:37,087
She identified them as the ones
she was wearing last Monday night.
266
00:16:37,129 --> 00:16:39,758
Sister Bettina may have kept
them as an encounter trophy.
267
00:16:39,799 --> 00:16:42,735
Or she simply intended
to get them washed.
268
00:16:42,768 --> 00:16:45,294
There's a laundry hamper
in the shower room...
269
00:16:45,338 --> 00:16:47,432
She could've just as
well have left them there.
270
00:16:47,473 --> 00:16:50,136
Whatever you want to read
into it... It's subjective evidence.
271
00:16:50,176 --> 00:16:52,805
It's still a nun's word against
the say-so of two street kids.
272
00:16:52,845 --> 00:16:55,679
What, too bad they're
not seniors at Riverdale?
273
00:16:58,150 --> 00:17:01,643
What about this Sister
Bettina... Anything there?
274
00:17:02,889 --> 00:17:05,688
She grew up in...
275
00:17:05,725 --> 00:17:08,820
Hollis. Joined a
convent at age 20.
276
00:17:08,861 --> 00:17:10,887
She's been at Haven
House for eight years.
277
00:17:10,930 --> 00:17:13,456
Eight years supervising
teenage girls?
278
00:17:13,499 --> 00:17:15,968
If she does have a predilection,
279
00:17:16,002 --> 00:17:18,437
this might not
be her first time.
280
00:17:19,772 --> 00:17:21,866
Powell: I never heard
a complaint about her.
281
00:17:21,908 --> 00:17:23,672
Never heard a rumor either.
282
00:17:23,709 --> 00:17:26,770
- You've worked
with her for how long?
- I've been here six years.
283
00:17:26,812 --> 00:17:28,678
Anybody ever complain
to the archdiocese?
284
00:17:28,714 --> 00:17:31,650
Had that happened, I know
I would have heard about it.
285
00:17:31,684 --> 00:17:33,983
You're not the clergy.
286
00:17:34,020 --> 00:17:35,955
But 70% of our funds
come from the church.
287
00:17:35,988 --> 00:17:37,786
Wait a minute...
288
00:17:37,823 --> 00:17:40,918
That should give them more
incentive to bury a thing like this.
289
00:17:40,960 --> 00:17:43,156
Not for Bettina. Why not?
290
00:17:43,195 --> 00:17:47,826
Sister Bettina aligns herself with what
the church calls "non-traditional nuns"...
291
00:17:47,867 --> 00:17:50,803
Outfits like the Women's
Ordination Movement...
292
00:17:50,836 --> 00:17:53,533
Women as priests,
birth control...
293
00:17:53,573 --> 00:17:57,340
If the church had had a reason to get rid
of her, I'm sure they would have done it.
294
00:17:57,376 --> 00:18:01,575
How about on the outside? You
know anything about her private life?
295
00:18:03,149 --> 00:18:05,084
No, I have no idea.
296
00:18:05,117 --> 00:18:08,212
You ever meet
any of her friends?
297
00:18:08,254 --> 00:18:10,849
Well, at fundraisers.
298
00:18:11,991 --> 00:18:14,460
There was a woman...
299
00:18:14,493 --> 00:18:16,826
Anne Houston.
300
00:18:16,862 --> 00:18:19,457
She used to work at the
Queens Family Shelter.
301
00:18:19,498 --> 00:18:23,128
I think they still talk
like... every other day.
302
00:18:24,136 --> 00:18:26,264
You ever read
"Catcher in the Rye"?
303
00:18:26,305 --> 00:18:28,797
Save the children...
that's Tina.
304
00:18:28,841 --> 00:18:32,073
Have you ever heard any
gossip or complaints about her?
305
00:18:32,111 --> 00:18:36,048
You mean, why would a normal woman
choose to live in a community of nuns?
306
00:18:36,082 --> 00:18:39,109
Listen, we've talked
about her vows.
307
00:18:39,151 --> 00:18:41,017
We've talked about sex.
308
00:18:41,053 --> 00:18:44,455
Tina always said she redirects
her energy into her work.
309
00:18:44,490 --> 00:18:47,119
Logan: Did she get
along with the kids?
310
00:18:47,159 --> 00:18:49,321
Did you ever see any
misunderstandings?
311
00:18:49,362 --> 00:18:51,888
You know, maybe an
incident of some kind?
312
00:18:51,931 --> 00:18:55,026
Look, she ran day
care for three years.
313
00:18:55,067 --> 00:18:56,729
Everybody loved her.
314
00:18:56,769 --> 00:18:59,671
You want testimonials? There'll
be a line wrapped around this block.
315
00:18:59,705 --> 00:19:01,571
Everybody knows
these charges are crap.
316
00:19:01,607 --> 00:19:03,075
Then why did she leave?
317
00:19:03,109 --> 00:19:06,011
She was on loan from the
church, and they found out
318
00:19:06,045 --> 00:19:09,777
that the shelter was providing birth
control counseling, so they yanked her.
319
00:19:09,815 --> 00:19:13,217
You have any idea why
this girl would accuse her?
320
00:19:13,252 --> 00:19:15,414
What difference does it make?
321
00:19:15,454 --> 00:19:19,550
She's been accused, labeled.
How's she gonna shake that?
322
00:19:20,960 --> 00:19:24,488
Olivet's report, the
clothes, the eyewitness...
323
00:19:24,530 --> 00:19:26,965
Most of it seems to
support Maggie's story.
324
00:19:26,999 --> 00:19:29,559
Except for the fact
that Sister Bettina
325
00:19:29,602 --> 00:19:33,164
practically walks on water,
according to all her friends.
326
00:19:35,007 --> 00:19:37,238
I'm waitin' for ideas.
327
00:19:38,644 --> 00:19:41,307
We've got to get off the
dime one way or the other.
328
00:19:41,347 --> 00:19:43,145
The archdiocese
wants it dropped.
329
00:19:43,182 --> 00:19:45,117
They both seem to
be telling the truth.
330
00:19:45,151 --> 00:19:47,848
Fellas, there are
no tiebreakers.
331
00:19:47,887 --> 00:19:49,947
If we're not sure she
did it, we kick her.
332
00:19:49,989 --> 00:19:52,925
Sister Bettina offered
to take a polygraph.
333
00:19:52,958 --> 00:19:56,360
It's not admissible, but at least
we'll know if we're on the right track.
334
00:19:59,632 --> 00:20:02,500
- Man: Are you 34 years old?
- Bettina: Yes.
335
00:20:04,670 --> 00:20:07,902
- Is your father's name Michael?
- Yes.
336
00:20:09,475 --> 00:20:12,741
Were you in Maggie Corson's
room the night of February 9th?
337
00:20:12,778 --> 00:20:14,644
Yes.
338
00:20:16,282 --> 00:20:20,310
- Did she have a stomach flu?
- Yes.
339
00:20:21,520 --> 00:20:24,422
Did you sexually molest
Maggie Corson on that night?
340
00:20:24,457 --> 00:20:26,449
No.
341
00:20:28,260 --> 00:20:31,526
Did you kiss Maggie
Corson on that night?
342
00:20:31,564 --> 00:20:33,692
No.
343
00:20:33,733 --> 00:20:38,103
Did you tell the police the truth about
the events on the night of February 9th?
344
00:20:38,137 --> 00:20:40,038
Yes.
345
00:20:41,741 --> 00:20:43,539
Are you telling the truth now?
346
00:20:43,576 --> 00:20:45,408
Yes.
347
00:20:51,350 --> 00:20:54,843
She passed on direct
questions about the molestation,
348
00:20:54,887 --> 00:20:58,187
but her answers on the
details registered as false...
349
00:20:58,224 --> 00:21:00,887
Questions like whether or
not the girl had a stomach flu.
350
00:21:00,926 --> 00:21:02,895
She could have
just been nervous.
351
00:21:02,928 --> 00:21:06,888
She also failed the question of
whether or not she was telling the truth.
352
00:21:06,932 --> 00:21:10,027
On the whole, the results
classify as "deceptive."
353
00:21:10,069 --> 00:21:12,698
Or inconclusive, depending
upon your mindset.
354
00:21:12,738 --> 00:21:14,798
Either way, she's
hiding something.
355
00:21:14,840 --> 00:21:16,468
Reason enough to charge her.
356
00:21:16,509 --> 00:21:18,740
Polygraph tests
are inadmissible...
357
00:21:18,778 --> 00:21:21,680
You gonna sell this to the
grand jury and then not use it?
358
00:21:21,714 --> 00:21:24,707
We have a victim's complaint,
eyewitness, opportunity...
359
00:21:24,750 --> 00:21:26,514
I don't foresee a problem.
360
00:21:26,552 --> 00:21:28,748
I would like to see she
has a chance to surrender.
361
00:21:28,788 --> 00:21:32,156
- We'll call her.
- I want her R.O.R.
362
00:21:32,191 --> 00:21:35,525
We sure we want to be perceived
as giving her preferential treatment?
363
00:21:36,862 --> 00:21:40,060
For all intents and purposes,
Sister Bettina's indigent.
364
00:21:40,099 --> 00:21:42,364
You see her as a
flight risk? I don't.
365
00:21:53,512 --> 00:21:55,674
This is my lawyer,
Francine Hughes.
366
00:21:55,714 --> 00:21:57,580
From the archdiocese?
367
00:21:57,616 --> 00:21:59,585
Oh no, she's just an old friend.
368
00:21:59,618 --> 00:22:01,246
May I see the warrant?
369
00:22:03,823 --> 00:22:07,260
My client declines to
answer any questions.
370
00:22:07,293 --> 00:22:09,091
Fine.
371
00:22:10,095 --> 00:22:13,930
- It's a beautiful morning,
isn't it?
- Yeah.
372
00:22:21,240 --> 00:22:24,642
Francine explained the
results of the lie detector test.
373
00:22:24,677 --> 00:22:27,613
I'm sure she also told
you that polygraph results
374
00:22:27,646 --> 00:22:29,274
are non-admissible as evidence?
375
00:22:29,315 --> 00:22:31,841
Yes, and if it were up to
me, I wouldn't be here today,
376
00:22:31,884 --> 00:22:34,649
but Francine insisted that
I tell you what happened.
377
00:22:34,687 --> 00:22:38,089
That night, Monday,
378
00:22:38,123 --> 00:22:41,992
Maggie didn't have
the flu... She was drunk.
379
00:22:42,027 --> 00:22:45,623
When I found her, she could hardly
stand up. She was covered in vomit.
380
00:22:45,664 --> 00:22:48,429
I helped her wash up
and then I put her to bed.
381
00:22:48,467 --> 00:22:50,459
And then I hid her
clothes in my room.
382
00:22:50,502 --> 00:22:53,768
I didn't want anyone to
know she'd been drinking.
383
00:22:55,040 --> 00:22:57,703
That's not the first time
she's drunk at the house.
384
00:22:57,743 --> 00:23:00,008
No, she'd been
caught twice before.
385
00:23:00,045 --> 00:23:03,538
She came to us by a special
dispensation of the court...
386
00:23:03,582 --> 00:23:06,711
A third report of drinking
and they'd pull her out.
387
00:23:06,752 --> 00:23:09,620
You'd protect her even
at the risk of going to jail?
388
00:23:09,655 --> 00:23:11,817
If Maggie were thrown out,
389
00:23:11,857 --> 00:23:15,123
she'd be lost... sooner or later
she'd end up back on the streets.
390
00:23:15,160 --> 00:23:17,595
Do you have any idea what
her life expectancy would be?
391
00:23:17,630 --> 00:23:21,158
Do you know how many street
kids die from AIDS or drugs?
392
00:23:21,200 --> 00:23:23,192
How many are beaten, raped?
393
00:23:23,235 --> 00:23:26,797
We can't take it on faith that Maggie
was drunk... we need corroboration.
394
00:23:26,839 --> 00:23:29,274
My client is ready to
take another polygraph.
395
00:23:29,308 --> 00:23:32,210
We need more than that.
396
00:23:33,412 --> 00:23:36,780
She's lying... I can't
believe you're buying into it.
397
00:23:39,919 --> 00:23:43,287
We ran tests on the
clothes you threw up on.
398
00:23:43,322 --> 00:23:45,621
We know how much
you drank that night.
399
00:23:48,560 --> 00:23:50,461
Now, listen, to me...
400
00:23:51,797 --> 00:23:55,165
You lie in court,
that's perjury.
401
00:23:56,835 --> 00:23:59,964
So I was drunk, big deal.
402
00:24:00,005 --> 00:24:01,974
She still messed with me.
403
00:24:02,007 --> 00:24:04,670
You had a lot to drink, Maggie.
404
00:24:04,710 --> 00:24:06,576
How much do you really remember?
405
00:24:08,681 --> 00:24:11,412
I know that she took
me into the shower.
406
00:24:12,418 --> 00:24:14,080
I know that!
407
00:24:15,287 --> 00:24:17,313
What else are you sure of?
408
00:24:23,228 --> 00:24:25,026
I don't know.
409
00:24:25,064 --> 00:24:28,364
I was in the shower...
410
00:24:34,506 --> 00:24:36,941
I can't remember.
411
00:24:36,976 --> 00:24:39,172
What do you mean,
you can't remember?
412
00:24:43,048 --> 00:24:46,177
I guess I passed out.
413
00:24:46,218 --> 00:24:49,814
What you told the police...
Did you make that up?
414
00:24:49,855 --> 00:24:51,653
It happened!
415
00:24:52,725 --> 00:24:54,956
Maria saw it...
416
00:24:54,994 --> 00:24:58,226
and she told me. She
told me everything.
417
00:24:58,263 --> 00:25:00,732
She saw it.
418
00:25:05,304 --> 00:25:08,502
Maybe it was the morning after when
she told me what Sister B did to her.
419
00:25:08,540 --> 00:25:10,475
She blacked out...
She doesn't remember.
420
00:25:10,509 --> 00:25:14,139
And you told police that
Maggie described in graphic detail
421
00:25:14,179 --> 00:25:15,511
what Sister Bettina did to her.
422
00:25:15,547 --> 00:25:17,607
I saw them in the shower, okay?
423
00:25:17,649 --> 00:25:19,447
I saw what was going on.
424
00:25:19,485 --> 00:25:21,681
But you lied... Maggie
didn't tell you anything.
425
00:25:21,720 --> 00:25:25,487
And now it's only your word that
anything happened at all, isn't that right?
426
00:25:28,660 --> 00:25:31,220
Maria, are you happy
at Haven House?
427
00:25:31,263 --> 00:25:33,323
Do you want to go
back out on the street?
428
00:25:34,466 --> 00:25:37,197
Then I don't understand why
you'd make up a story like this.
429
00:25:37,236 --> 00:25:39,865
What do you mean?
430
00:25:39,905 --> 00:25:42,534
If they believe this story...
431
00:25:42,574 --> 00:25:46,170
If people think that girls are
being molested at Haven House...
432
00:25:46,211 --> 00:25:49,045
What do you think that does
to the reputation of the house?
433
00:25:49,081 --> 00:25:51,516
But it was only Sister B.
434
00:25:51,550 --> 00:25:53,781
In the public mind,
they're the same.
435
00:25:53,819 --> 00:25:55,788
They'll withdraw their support.
436
00:25:55,821 --> 00:25:59,383
And without funds, Haven House
closes... and where do you think you'll be?
437
00:25:59,425 --> 00:26:01,724
That's not true... You're
just trying to scare me.
438
00:26:01,760 --> 00:26:04,889
Maria, did you see
439
00:26:04,930 --> 00:26:07,729
Sister Bettina molest Maggie?
440
00:26:14,273 --> 00:26:17,243
I don't want to
hurt anybody else.
441
00:26:17,276 --> 00:26:19,404
I just wanted them
to get rid of her.
442
00:26:19,445 --> 00:26:21,880
Why? What did she do to you?
443
00:26:21,914 --> 00:26:24,577
She knew.
444
00:26:24,616 --> 00:26:27,245
She asked me about
it. He'd think I told.
445
00:26:27,286 --> 00:26:29,448
Told what?
446
00:26:31,857 --> 00:26:34,452
Mr. Powell...
447
00:26:34,493 --> 00:26:37,053
me and him.
448
00:26:44,436 --> 00:26:46,302
Powell initiated
the relationship
449
00:26:46,338 --> 00:26:48,637
one month after Maria
arrived at Haven House.
450
00:26:48,674 --> 00:26:51,667
He put her in a position
where she would do his errands
451
00:26:51,710 --> 00:26:54,544
and get excused
from the scrub work.
452
00:26:54,580 --> 00:26:56,242
She still could have said no.
453
00:26:56,281 --> 00:26:58,910
He said he'd put her out on
the street if she didn't go along.
454
00:26:58,951 --> 00:27:01,682
Sister Bettina uncovered this?
455
00:27:01,720 --> 00:27:03,814
She had no idea. She
asked her about the errands.
456
00:27:03,856 --> 00:27:06,223
She was concerned the
other girls might get envious.
457
00:27:06,258 --> 00:27:08,227
It was a perfectly
innocent question,
458
00:27:08,260 --> 00:27:10,229
but Maria thought the worst...
459
00:27:10,262 --> 00:27:12,629
That a secret was out,
and she'd be the one to go.
460
00:27:12,664 --> 00:27:15,224
When she saw Bettina
in the shower with the girl,
461
00:27:15,267 --> 00:27:17,498
she jumped at the
chance to discredit her.
462
00:27:17,536 --> 00:27:20,995
- Any way to corroborate her story?
- We talked to Powell's secretary.
463
00:27:21,039 --> 00:27:24,476
She confirmed that Maria spent a lot
of time alone with Powell in his office.
464
00:27:24,510 --> 00:27:26,741
You file a motion to dismiss?
465
00:27:26,778 --> 00:27:29,680
Yeah, it's on the way over, but I
think we ought to go after Powell.
466
00:27:29,715 --> 00:27:32,048
For what? Rape?
467
00:27:32,084 --> 00:27:36,044
She said that Powell didn't physically
force her to have relations with him.
468
00:27:36,088 --> 00:27:38,455
And the girl was
17 at the time...
469
00:27:38,490 --> 00:27:41,426
You got no statutory charge.
470
00:27:41,460 --> 00:27:44,624
He is in a position of
authority over teenage girls.
471
00:27:44,663 --> 00:27:46,131
He's abusing it.
472
00:27:46,165 --> 00:27:48,100
A civil case, maybe.
473
00:27:48,133 --> 00:27:49,863
Criminal Court? I don't see it.
474
00:27:49,902 --> 00:27:51,734
Suppose it's not
the first incident?
475
00:27:51,770 --> 00:27:54,672
He's been on the job six
years. You think it's the first time?
476
00:27:54,706 --> 00:27:58,165
I'd sure like to know the answer to that
question before we make up our minds.
477
00:28:00,212 --> 00:28:02,044
Go.
478
00:28:05,017 --> 00:28:06,781
This whole thing sucks.
479
00:28:06,818 --> 00:28:09,151
I can't believe she
would do that to me.
480
00:28:09,188 --> 00:28:11,521
You didn't know she
was involved with Powell?
481
00:28:11,557 --> 00:28:13,150
No.
482
00:28:13,192 --> 00:28:15,661
If he was hitting on her,
she could have told me.
483
00:28:16,695 --> 00:28:18,527
He ever try anything with you?
484
00:28:20,232 --> 00:28:22,167
Maybe when I first got there.
485
00:28:22,201 --> 00:28:25,467
You know, he'd come into
your room at the wrong time,
486
00:28:25,504 --> 00:28:28,941
call you into his office,
ask you stupid questions.
487
00:28:30,108 --> 00:28:32,077
But I just stayed away from him.
488
00:28:32,110 --> 00:28:33,703
A lot of girls fall for it?
489
00:28:33,745 --> 00:28:37,011
Everyone thought he
was pretty much of a joke...
490
00:28:39,384 --> 00:28:41,751
except this one girl.
491
00:28:43,088 --> 00:28:44,920
What about her?
492
00:28:44,957 --> 00:28:46,357
I don't know for sure...
493
00:28:47,392 --> 00:28:50,294
but I heard talk
about her and Powell.
494
00:28:51,997 --> 00:28:55,058
We have the canceled
checks he sent you, Mrs. Morrill.
495
00:28:55,100 --> 00:28:58,161
He's not giving you that money
out of the goodness of his heart.
496
00:28:59,238 --> 00:29:02,675
Would... do I have to
give the money back?
497
00:29:04,343 --> 00:29:06,244
As far as we can tell,
498
00:29:06,278 --> 00:29:08,577
it legitimately belonged
to Jack Powell.
499
00:29:08,614 --> 00:29:10,947
If he gave it to you,
it's yours to keep.
500
00:29:13,218 --> 00:29:15,813
When I was at the house,
501
00:29:15,854 --> 00:29:17,516
we had this thing going.
502
00:29:17,556 --> 00:29:21,288
- A sexual relationship?
- Couple of times a week,
that's all.
503
00:29:21,326 --> 00:29:23,557
How old were you?
504
00:29:23,595 --> 00:29:27,157
- 15 when it started.
- What was in it for you?
505
00:29:28,300 --> 00:29:30,098
I didn't have to
work in the kitchen.
506
00:29:30,135 --> 00:29:33,435
He'd have me do errands,
let me go to the movies.
507
00:29:33,472 --> 00:29:36,032
Seems hardly worth it now.
508
00:29:36,074 --> 00:29:39,442
Did he ever threaten to hurt
you if you didn't go along with it?
509
00:29:41,313 --> 00:29:44,044
He said if I told anyone,
510
00:29:44,082 --> 00:29:46,108
I'd have to leave the house.
511
00:29:47,853 --> 00:29:52,382
At the time, I didn't
have anywhere to go.
512
00:29:53,492 --> 00:29:56,485
- How long has itbeen since you left?
- Three years ago.
513
00:29:56,528 --> 00:29:59,054
And since then, Powell's
been giving you $200 a month
514
00:29:59,097 --> 00:30:00,861
for what... just to
keep your mouth shut?
515
00:30:11,476 --> 00:30:14,708
He would have
preferred I lose it.
516
00:30:17,182 --> 00:30:20,311
Mrs. Morrill, would
you be willing
517
00:30:20,352 --> 00:30:22,912
to repeat what you just
told me to the grand jury?
518
00:30:24,156 --> 00:30:26,057
You mean, go to court?
519
00:30:27,459 --> 00:30:31,590
Look, nobody knows about this.
520
00:30:31,630 --> 00:30:33,565
Nobody.
521
00:30:33,598 --> 00:30:36,033
And I'm not gonna change that.
522
00:30:43,942 --> 00:30:45,706
She was 15.
523
00:30:45,744 --> 00:30:47,940
Statute of limitations
hasn't run out yet.
524
00:30:47,979 --> 00:30:49,675
We could force her to testify,
525
00:30:49,715 --> 00:30:52,810
but her husband
thinks the kid is his.
526
00:30:52,851 --> 00:30:55,047
That leaves only Maria Barragan.
527
00:30:55,087 --> 00:30:56,919
With a possible
charge of rape one.
528
00:30:56,955 --> 00:30:59,925
Rape one? Ben, Powell
never threatened Maria.
529
00:30:59,958 --> 00:31:01,688
And with no
forcible compulsion...
530
00:31:01,727 --> 00:31:06,165
An adult male with the power to
send a young girl back to the streets
531
00:31:06,198 --> 00:31:09,362
demands that she have sex with
him... that's not forcible compulsion?
532
00:31:09,401 --> 00:31:12,166
There's no physical force, no
threat of death or physical injury.
533
00:31:12,204 --> 00:31:13,881
I'm willing to take the
chance to make the case.
534
00:31:13,905 --> 00:31:16,120
Get me a slot on the
grand jury, we're going
535
00:31:16,144 --> 00:31:18,536
for an indictment for
rape in the first degree.
536
00:31:19,544 --> 00:31:21,843
Man: You're way
off base on this, Ben.
537
00:31:21,880 --> 00:31:24,406
Jack Powell has
spent his entire life
538
00:31:24,449 --> 00:31:27,078
working selflessly
for the public good.
539
00:31:27,119 --> 00:31:30,385
He's raised hundreds of
thousands of dollars for charities.
540
00:31:30,422 --> 00:31:31,788
For crying out loud...
541
00:31:31,823 --> 00:31:35,260
Did he tell his contributors about the
afternoons he spent with Maria Barragan?
542
00:31:35,293 --> 00:31:37,023
It's an indiscretion,
not a crime.
543
00:31:37,062 --> 00:31:40,362
Maria's 17... she's an
adult. She consented.
544
00:31:40,399 --> 00:31:42,385
We're not charging
you with statutory rape.
545
00:31:42,409 --> 00:31:44,700
We're charging you with
rape in the first degree.
546
00:31:48,206 --> 00:31:50,107
Little bitch...
547
00:31:51,143 --> 00:31:53,874
I didn't force her.
I didn't have to.
548
00:31:53,912 --> 00:31:56,575
She said you threatened to
expel her from Haven House.
549
00:31:56,615 --> 00:31:59,744
Twice, for curfew and drugs.
550
00:31:59,785 --> 00:32:01,686
Then you admit you
threatened to expel her?
551
00:32:01,720 --> 00:32:05,054
- Yes, with good reason.
- Legitimate reason in whose mind?
552
00:32:05,090 --> 00:32:09,687
Look, Ben, didn't the episode
with Sister Bettina tell you anything?
553
00:32:09,728 --> 00:32:12,926
Maria Barragan's a liar. She'll
say anything to get what she wants.
554
00:32:12,964 --> 00:32:15,058
And what she
wants is to stay alive,
555
00:32:15,100 --> 00:32:17,899
and in her mind that means
staying at Haven House.
556
00:32:17,936 --> 00:32:20,303
A lie like this does not
serve her best interests.
557
00:32:20,338 --> 00:32:22,933
Maybe we can work something out.
558
00:32:22,974 --> 00:32:25,273
Sexual abuse three,
559
00:32:25,310 --> 00:32:27,541
pleads no Io, one
year community service.
560
00:32:27,579 --> 00:32:30,447
A "B" misdemeanor? This is
more than a traffic violation.
561
00:32:31,683 --> 00:32:35,017
Without proof of forcible
compulsion, you have no case.
562
00:32:37,956 --> 00:32:39,754
Motion to dismiss.
563
00:32:39,791 --> 00:32:42,283
See you tomorrow at 2:30,
564
00:32:42,327 --> 00:32:44,694
Judge Reisman's chambers.
565
00:32:50,202 --> 00:32:54,970
Maria Barragan was
blowing kisses for nickel bags
566
00:32:55,006 --> 00:32:57,271
long before she ever
heard of Jack Powell.
567
00:32:57,309 --> 00:33:00,746
- Which is hardly relevant...
- It sure as hell affects
her credibility.
568
00:33:00,779 --> 00:33:02,645
That's a matter for
the jury, not for me.
569
00:33:02,681 --> 00:33:06,880
Even if you look at the facts in a
light most favorable to the prosecution,
570
00:33:06,918 --> 00:33:08,784
the indictment has still failed
571
00:33:08,820 --> 00:33:11,255
to make a prima
facie case for rape one.
572
00:33:11,289 --> 00:33:12,917
The statute is clear.
573
00:33:12,958 --> 00:33:15,757
It requires threat of
death or physical injury.
574
00:33:15,794 --> 00:33:18,787
Your Honor, we intend to prove
in court that it was reasonable,
575
00:33:18,830 --> 00:33:22,995
under those circumstances, for
Maria Barragan to fear for her life.
576
00:33:23,034 --> 00:33:25,299
She wasn't seduced,
she submitted...
577
00:33:25,337 --> 00:33:27,602
She consented for
God's sake, Ben.
578
00:33:27,639 --> 00:33:30,302
All right, all right. My instinct
tells me you're asking me
579
00:33:30,342 --> 00:33:33,642
to stretch the law to
places it shouldn't go.
580
00:33:33,678 --> 00:33:36,807
However, I'm gonna
reserve my decision
581
00:33:36,848 --> 00:33:41,684
on defendant's motion
to dismiss until after trial.
582
00:33:41,720 --> 00:33:44,019
- Your Honor...
- Charge stays for now.
583
00:33:44,055 --> 00:33:46,957
We go to trial right away.
584
00:33:48,894 --> 00:33:52,797
Reisman reserved
decision? It's a minor miracle.
585
00:33:52,831 --> 00:33:55,266
So we're halfway there. We
present a compelling case...
586
00:33:55,300 --> 00:33:58,361
Don't fool yourself,
Reisman's no groundbreaker.
587
00:33:58,403 --> 00:34:00,167
Read his decisions...
588
00:34:00,205 --> 00:34:02,902
If there's no precedent,
it doesn't fly in his court.
589
00:34:02,941 --> 00:34:04,933
So why didn't he dismiss?
590
00:34:04,976 --> 00:34:08,310
Who knows? It could be he's
waiting for the jury to acquit.
591
00:34:08,346 --> 00:34:10,212
Then he doesn't have
to make a decision.
592
00:34:10,248 --> 00:34:12,547
Could be he's ready
to make new law.
593
00:34:12,584 --> 00:34:16,021
I wouldn't bet on it.
You talk to McCarter?
594
00:34:16,054 --> 00:34:17,818
Yeah, he wants
a slap on the wrist.
595
00:34:17,856 --> 00:34:19,654
Well, maybe you
oughta start slapping.
596
00:34:19,691 --> 00:34:22,593
What do you suppose a trial
like this is gonna cost the State?
597
00:34:22,627 --> 00:34:25,756
Even if you convince a jury,
Reisman snaps his fingers,
598
00:34:25,797 --> 00:34:27,163
sets aside the verdict.
599
00:34:27,198 --> 00:34:31,101
Adam, since when does cost
have anything to do with it?
600
00:34:31,136 --> 00:34:34,937
Since the State is on
the verge of bankruptcy.
601
00:34:34,973 --> 00:34:36,441
Yeah.
602
00:34:36,474 --> 00:34:38,773
It's a no-win, my boy.
603
00:34:38,810 --> 00:34:42,577
Reisman goes your way, we
got the appeal to worry about.
604
00:34:42,614 --> 00:34:45,277
A trial of any sort puts
Haven House out of business.
605
00:34:45,317 --> 00:34:47,946
Adam, he raped
a 17-year-old girl.
606
00:34:47,986 --> 00:34:51,855
Did he? The statute
says physical harm.
607
00:34:51,890 --> 00:34:54,951
It doesn't say put her in a
situation where she could get hurt.
608
00:34:54,993 --> 00:34:57,485
But it's all in the
victim's state of mind.
609
00:34:57,529 --> 00:34:59,327
Maria's fears were real.
610
00:34:59,364 --> 00:35:01,731
If he had threatened to throw
her out on the expressway...
611
00:35:01,766 --> 00:35:03,860
He didn't threaten anything.
612
00:35:03,902 --> 00:35:07,270
She's a kid, Adam. To her,
Times Square is just as dangerous.
613
00:35:07,305 --> 00:35:10,969
- Law doesn't read that way.
- Well, maybe it should.
614
00:35:15,180 --> 00:35:18,378
When I was 12, my
mother ran away.
615
00:35:18,416 --> 00:35:21,386
- Stone: And your father?
- I never knew him.
616
00:35:21,419 --> 00:35:24,014
A complete bio, Your
Honor? It's hardly relevant.
617
00:35:24,055 --> 00:35:26,149
It's relevant to the
victim's state of mind.
618
00:35:26,191 --> 00:35:28,888
It's the defendant's state
of mind that's at issue.
619
00:35:28,927 --> 00:35:31,055
The defendant took
advantage of the victim's fear.
620
00:35:31,096 --> 00:35:33,930
I think it's necessary to show
the derivation of that fear.
621
00:35:33,965 --> 00:35:36,764
I'll allow it.
622
00:35:36,801 --> 00:35:39,168
Stone: After you were
abandoned, where'd you live?
623
00:35:39,204 --> 00:35:40,934
In port authority.
624
00:35:40,972 --> 00:35:42,964
Until Sister Bettina found me.
625
00:35:43,008 --> 00:35:45,807
Did you prefer Haven
House to the streets?
626
00:35:45,844 --> 00:35:47,745
They didn't beat me or anything.
627
00:35:47,779 --> 00:35:49,975
The sisters, they
cared about me.
628
00:35:50,015 --> 00:35:52,007
And Mr. Powell?
629
00:35:53,818 --> 00:35:55,514
He liked me fine.
630
00:35:55,553 --> 00:35:57,249
Your Honor, we've
established already
631
00:35:57,288 --> 00:36:01,282
that the defendant and this
witness had sexual relations.
632
00:36:01,326 --> 00:36:03,818
We don't need a
play-by-play, Mr. Stone.
633
00:36:03,862 --> 00:36:08,425
Maria, please
describe for the Court
634
00:36:08,466 --> 00:36:10,492
the circumstances...
635
00:36:10,535 --> 00:36:14,370
leading up to your first sexual
encounter with Mr. Powell.
636
00:36:15,907 --> 00:36:18,138
I was in his office.
637
00:36:18,176 --> 00:36:20,771
He started touching me.
638
00:36:20,812 --> 00:36:23,145
He said he could
make me feel good,
639
00:36:23,181 --> 00:36:24,979
and he could make my life easy.
640
00:36:25,016 --> 00:36:27,884
I told him I wasn't interested.
641
00:36:27,919 --> 00:36:29,649
But you did sleep with him?
642
00:36:29,688 --> 00:36:33,784
He said he would have me
thrown out of the house if I didn't.
643
00:36:33,825 --> 00:36:36,556
- And you believed him?
- He showed me a form.
644
00:36:43,234 --> 00:36:45,794
Please describe the
paper I just handed you.
645
00:36:45,837 --> 00:36:48,807
It's the form they use when they
throw you out of Haven House.
646
00:36:48,840 --> 00:36:50,866
Was that the form
Mr. Powell handed you?
647
00:36:52,043 --> 00:36:54,035
No, the one he showed
me had my name on it.
648
00:36:54,079 --> 00:36:56,844
So you willingly slept with him?
649
00:36:58,183 --> 00:37:00,550
- I was scared.
- Of the streets?
650
00:37:00,585 --> 00:37:02,884
I've been there.
651
00:37:02,921 --> 00:37:05,652
It's better than going
back... Anything is.
652
00:37:05,690 --> 00:37:08,717
That's why I lied
about Sister Bettina.
653
00:37:08,760 --> 00:37:11,161
I thought if anyone found out...
654
00:37:13,131 --> 00:37:15,532
Thank you.
655
00:37:15,567 --> 00:37:17,365
Your witness.
656
00:37:25,076 --> 00:37:27,409
Have you ever been
arrested, Miss Barragan?
657
00:37:27,445 --> 00:37:29,277
Objection!
658
00:37:29,314 --> 00:37:33,046
If we're giving bios, let's
give the unabridged version.
659
00:37:33,084 --> 00:37:34,575
Overruled.
660
00:37:36,054 --> 00:37:37,682
Miss Barragan?
661
00:37:37,722 --> 00:37:39,691
Three times.
662
00:37:39,724 --> 00:37:41,352
What were the charges?
663
00:37:41,392 --> 00:37:43,384
Prostitution.
664
00:37:44,496 --> 00:37:47,261
- So you were a whore?
- Your Honor!
665
00:37:47,298 --> 00:37:49,665
All right, enough of
that, Mr. McCarter.
666
00:37:53,171 --> 00:37:56,107
The Haven House
isn't all fun and games.
667
00:37:56,141 --> 00:37:58,906
You have to earn your keep.
668
00:37:58,943 --> 00:38:02,209
There's cooking,
and washing clothes,
669
00:38:02,247 --> 00:38:04,409
cleaning... isn't that right?
670
00:38:04,449 --> 00:38:06,111
It's part of the rehab.
671
00:38:06,151 --> 00:38:07,881
Isn't it true, Miss Barragan,
672
00:38:07,919 --> 00:38:11,083
that when you first started
working for Mr. Powell,
673
00:38:11,122 --> 00:38:12,954
most of your chores
were eliminated?
674
00:38:12,991 --> 00:38:14,254
Yes.
675
00:38:14,292 --> 00:38:17,319
What kind of work did
you do for Mr. Powell?
676
00:38:17,362 --> 00:38:21,163
I filed papers, answered phones.
677
00:38:22,500 --> 00:38:24,731
Hell of a lot easier
than scrubbing toilets.
678
00:38:24,769 --> 00:38:27,170
Your Honor... Withdrawn.
679
00:38:27,205 --> 00:38:31,506
Now, when you were out
on the street, Miss Barragan...
680
00:38:32,877 --> 00:38:35,574
you sold your body for
money, isn't that true?
681
00:38:35,613 --> 00:38:37,445
I had to eat.
682
00:38:37,482 --> 00:38:39,451
Oh, I understand.
683
00:38:39,484 --> 00:38:42,113
You were trying to
make your life easier.
684
00:38:42,153 --> 00:38:44,588
- That's what a whore does.
- Your Honor...
685
00:38:44,622 --> 00:38:46,921
And weren't you trying
to do that with Mr. Powell?
686
00:38:46,958 --> 00:38:49,450
- Trying to make your life easier?
- Objection!
687
00:38:49,494 --> 00:38:51,554
- Miss Barragan?
- Judge: Sustained.
688
00:38:51,596 --> 00:38:53,588
That's enough, Mr. McCarter.
689
00:38:54,999 --> 00:38:57,093
Powell: I've worked
for non-profits all my life.
690
00:38:57,135 --> 00:39:00,196
I don't know, maybe there are
some people who think I'm too caring.
691
00:39:00,238 --> 00:39:03,367
If I minded my own business, I
wouldn't leave myself open to...
692
00:39:03,408 --> 00:39:05,775
all kinds of problems.
693
00:39:05,810 --> 00:39:08,644
When did you first come in
contact with Miss Barragan?
694
00:39:08,680 --> 00:39:10,672
Powell: She was a new girl.
695
00:39:10,715 --> 00:39:13,514
There's a routine
first interview.
696
00:39:13,551 --> 00:39:17,454
I liked her attitude... She
was very bright, eager.
697
00:39:17,488 --> 00:39:19,286
I needed someone to run errands.
698
00:39:19,324 --> 00:39:21,691
It began as a
non-sexual relationship?
699
00:39:21,726 --> 00:39:23,558
Powell: Yes.
700
00:39:23,595 --> 00:39:26,861
But then she began
to put out signals,
701
00:39:26,898 --> 00:39:28,696
as if she were interested in me.
702
00:39:28,733 --> 00:39:31,794
What kind of signals?
703
00:39:31,836 --> 00:39:35,500
I don't know, like... the
way she'd look at me.
704
00:39:35,540 --> 00:39:38,806
McCarter: To what did
you attribute her interest?
705
00:39:38,843 --> 00:39:41,210
Powell: I'm not really sure.
706
00:39:42,580 --> 00:39:44,572
It's certainly not
because I have...
707
00:39:44,616 --> 00:39:47,142
some magnetic effect on women.
708
00:39:47,185 --> 00:39:50,087
Maybe it was because
I was nice to her,
709
00:39:50,121 --> 00:39:54,354
or maybe she thought she
could get something out of me.
710
00:39:56,261 --> 00:39:58,628
What did you do
about these advances?
711
00:39:58,663 --> 00:40:02,759
I put her off, but she
was very persistent.
712
00:40:04,602 --> 00:40:06,969
I'm not proud I slept with her.
713
00:40:07,005 --> 00:40:09,372
Maybe this was bound to happen.
714
00:40:09,407 --> 00:40:12,741
I spend a lot of time
with these girls, and...
715
00:40:12,777 --> 00:40:16,339
in a way, they're trained
to deal with men sexually,
716
00:40:16,381 --> 00:40:18,907
to use sex to get
what they want.
717
00:40:18,950 --> 00:40:22,079
It was stupid of
me to give in to that.
718
00:40:22,120 --> 00:40:24,316
Did you ever threaten Maria...
719
00:40:25,657 --> 00:40:27,922
overtly or implicitly?
720
00:40:27,959 --> 00:40:31,191
No, never. She'd
been victimized enough.
721
00:40:31,229 --> 00:40:32,959
Did you intimidate her?
722
00:40:32,997 --> 00:40:35,933
That's what I don't understand.
723
00:40:35,967 --> 00:40:38,937
I'm probably the only
guy she was ever with
724
00:40:38,970 --> 00:40:41,371
who actually cared for her.
725
00:40:41,406 --> 00:40:45,309
I felt I... I was
very kind with her.
726
00:40:45,343 --> 00:40:48,802
I can't understand why Maria
would say she was afraid of me.
727
00:40:48,846 --> 00:40:50,439
No further questions.
728
00:40:51,749 --> 00:40:54,810
Mr. Powell, do you recognize
the name Marjorie White?
729
00:40:54,852 --> 00:40:56,753
She was with us for a while.
730
00:40:56,788 --> 00:40:59,257
We caught her dealing
to the other girls.
731
00:40:59,290 --> 00:41:01,452
Ah, did you throw
her out of the house?
732
00:41:01,492 --> 00:41:03,893
She was dealing drugs.
733
00:41:03,928 --> 00:41:06,329
All right, Alberta Gaines?
734
00:41:07,632 --> 00:41:09,601
She was expelled for violence.
735
00:41:09,634 --> 00:41:12,570
And Rosa Valdez,
was she expelled?
736
00:41:12,603 --> 00:41:14,504
Yes.
737
00:41:16,040 --> 00:41:18,771
Do you know what happens
to these girls that are expelled?
738
00:41:18,810 --> 00:41:21,678
Sister Bettina tries
to keep track of them.
739
00:41:21,713 --> 00:41:23,978
Do you know what
happened to Rosa Valdez?
740
00:41:25,049 --> 00:41:26,745
I believe she died of AIDS.
741
00:41:26,784 --> 00:41:29,982
Alberta Gaines? An overdose.
742
00:41:30,021 --> 00:41:33,822
Yeah. Marjorie White,
she die, too? Yes.
743
00:41:33,858 --> 00:41:37,090
Raped and stabbed 12 times
by six members of a gang.
744
00:41:37,128 --> 00:41:40,758
And of all 18 girls expelled
in the past six years,
745
00:41:40,798 --> 00:41:43,097
three have died of
AIDS, five, drug overdose,
746
00:41:43,134 --> 00:41:45,126
one of exposure, two murdered,
747
00:41:45,169 --> 00:41:47,001
and the rest disappeared.
Isn't that true?
748
00:41:47,038 --> 00:41:49,337
Yes.
749
00:41:50,641 --> 00:41:54,203
So isn't it reasonable,
under these circumstances,
750
00:41:54,245 --> 00:41:58,478
for Maria Barragan to fear for her life
when you threw her out on the street?
751
00:41:58,516 --> 00:42:00,678
- Objection!
- Sustained.
752
00:42:00,718 --> 00:42:03,449
Did she ever say she was
afraid of leaving Haven House?
753
00:42:03,488 --> 00:42:07,152
I never... listen, when these girls
have been out on the street long enough,
754
00:42:07,191 --> 00:42:09,888
they become hardened, tough...
They're not afraid of anything.
755
00:42:09,927 --> 00:42:13,989
- So if you're beaten up enough,
you lose your fear?
- You learn how to survive.
756
00:42:14,032 --> 00:42:15,898
Until someone kills you.
757
00:42:27,011 --> 00:42:29,242
Stone: The law says
that if Jack Powell
758
00:42:29,280 --> 00:42:33,843
never placed Maria
Barragan in fear of death...
759
00:42:33,885 --> 00:42:37,253
or physical injury, he
cannot be convicted
760
00:42:37,288 --> 00:42:40,884
of rape in the first degree.
761
00:42:40,925 --> 00:42:43,417
He didn't wrestle
her to the ground.
762
00:42:43,461 --> 00:42:46,090
He didn't put a gun to her head.
763
00:42:46,130 --> 00:42:49,658
He simply said,
"Have sex with me
764
00:42:49,700 --> 00:42:52,431
or I'm throwing you
back out on the street."
765
00:42:52,470 --> 00:42:54,598
Case dismissed?
766
00:42:58,910 --> 00:43:00,469
Maybe.
767
00:43:00,511 --> 00:43:04,949
But what did that
threat mean to Maria?
768
00:43:06,651 --> 00:43:08,643
Another broken arm?
769
00:43:08,686 --> 00:43:10,848
AIDS...
770
00:43:10,888 --> 00:43:13,050
instead of hepatitis?
771
00:43:13,091 --> 00:43:16,289
A bullet instead
of a razor blade?
772
00:43:16,327 --> 00:43:19,456
More rapes, more beatings.
773
00:43:19,497 --> 00:43:22,433
And more than anyone,
Jack Powell knew
774
00:43:22,467 --> 00:43:26,268
that his threat contained
the weight of all those things.
775
00:43:26,304 --> 00:43:29,672
So when he threatened to
remove her from the one safe harbor
776
00:43:29,707 --> 00:43:32,575
in her sad young
life, he put her in fear
777
00:43:32,610 --> 00:43:35,102
for her life and her
physical well-being.
778
00:43:35,146 --> 00:43:38,605
And he didn't put
a gun to her head.
779
00:43:40,384 --> 00:43:43,081
No, he showed her another
way he could hurt her.
780
00:43:51,362 --> 00:43:53,991
Were you expecting a
guilty verdict this quickly?
781
00:43:54,031 --> 00:43:57,001
I can't anticipate the mind
of a jury, but I'm very grateful.
782
00:43:57,034 --> 00:44:00,198
Man: What about the mind of Judge
Reisman? Do you think he'll dismiss it?
783
00:44:00,238 --> 00:44:02,207
I think we met the
burden of proof.
784
00:44:02,240 --> 00:44:05,142
Man: If he does dismiss, do
you have a plan how to proceed?
785
00:44:05,176 --> 00:44:07,771
- Yes, we do.
- Man: Mr. Stone?
786
00:44:07,812 --> 00:44:10,646
Okay, you convinced a jury.
787
00:44:10,681 --> 00:44:12,411
It doesn't mean a thing
788
00:44:12,450 --> 00:44:15,648
until Reisman rules on
the motion to dismiss.
789
00:44:15,686 --> 00:44:18,383
With his history, I
wouldn't hold my breath.
790
00:44:18,422 --> 00:44:21,586
Our knowledge of rape and power
has grown... the law should reflect that.
791
00:44:21,626 --> 00:44:24,721
Right now you got
leverage... Use it or lose it.
792
00:44:24,762 --> 00:44:27,322
Now, I say call McCarter,
work out sentence.
793
00:44:27,365 --> 00:44:30,335
You think my case was that weak?
794
00:44:30,368 --> 00:44:32,530
No, I just think
that the judiciary
795
00:44:32,570 --> 00:44:34,266
isn't as open-minded as you.
796
00:44:38,409 --> 00:44:40,071
Robinette.
797
00:44:42,013 --> 00:44:43,743
Hold on.
798
00:44:43,781 --> 00:44:45,272
McCarter's looking for you.
799
00:44:45,316 --> 00:44:47,012
He wants to talk
about sentencing.
800
00:44:47,051 --> 00:44:49,543
You can still lose it.
801
00:44:49,587 --> 00:44:52,250
No deal.
802
00:44:58,996 --> 00:45:00,726
Bailiff: Be seated.
803
00:45:03,834 --> 00:45:06,531
After listening to the evidence
and reading counsel's briefs,
804
00:45:06,571 --> 00:45:09,370
I find that the prosecution
has met its burden
805
00:45:09,407 --> 00:45:11,308
with respect to the charge
806
00:45:11,342 --> 00:45:13,641
of rape in the first degree.
807
00:45:13,678 --> 00:45:17,809
Defense motion
to dismiss, denied.
808
00:45:17,848 --> 00:45:21,046
Jury verdict of guilty stays.
809
00:45:26,324 --> 00:45:28,486
Get out your soundbite, Ben.
810
00:45:28,526 --> 00:45:30,358
Yeah, nothing sells like sex.
811
00:45:30,394 --> 00:45:33,330
Don't sell yourself short...
Everybody loves a winner.
812
00:45:33,364 --> 00:45:35,128
Yeah.
813
00:45:35,166 --> 00:45:37,499
You know it'll probably
be reversed on appeal.
814
00:45:37,535 --> 00:45:41,631
Probably. But maybe the legislature
takes a look, rewrites the law.64842
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