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These are the user uploaded subtitles that are being translated: 1 00:00:01,335 --> 00:00:04,237 Narrator: In the criminal justice system, the people are represented 2 00:00:04,271 --> 00:00:06,763 by two separate yet equally important groups... 3 00:00:06,807 --> 00:00:08,673 The police who investigate crime, 4 00:00:08,709 --> 00:00:11,338 and the district attorneys who prosecute the offenders. 5 00:00:11,378 --> 00:00:13,347 These are their stories. 6 00:00:17,417 --> 00:00:19,886 - See ya later, Ernie. - Ernie: Catch you tomorrow. 7 00:00:19,920 --> 00:00:22,219 You don't even give a damn, do you? 8 00:00:25,325 --> 00:00:27,226 Do you? 9 00:00:28,629 --> 00:00:31,064 What do you want me to do about it, huh, Maggie? 10 00:00:31,098 --> 00:00:33,658 Like I got a lot of control over your life. 11 00:00:33,700 --> 00:00:35,931 I'm not going back there. 12 00:00:37,170 --> 00:00:39,230 Where are you gonna go, huh? 13 00:00:39,273 --> 00:00:41,333 Aw... 14 00:00:41,375 --> 00:00:43,173 thanks for the invitation. 15 00:00:43,210 --> 00:00:46,044 Look, you just can't start floppin' all over the place. 16 00:00:46,079 --> 00:00:48,207 That's not what I'm talking about! 17 00:00:48,248 --> 00:00:51,685 Let's just get out of here and we'll figure something out, all right? 18 00:00:51,718 --> 00:00:55,655 Oh, so you can just dump me on the street? 19 00:00:57,224 --> 00:00:58,954 Maggie, would you just... 20 00:01:00,260 --> 00:01:03,321 - Or maybe I'll just go away and die, huh? - Maggie... 21 00:01:06,066 --> 00:01:09,662 How about I do everybody else a favor and blow it off right here? 22 00:01:10,671 --> 00:01:13,300 - Or maybe I'll just do everybody else! - Man: Look out! 23 00:01:13,340 --> 00:01:15,673 Maggie... 24 00:01:19,246 --> 00:01:21,147 give me the gun. 25 00:01:24,284 --> 00:01:25,284 Why? 26 00:01:26,787 --> 00:01:29,154 Fine... 27 00:01:29,189 --> 00:01:31,522 do whatever the hell you want. 28 00:01:33,594 --> 00:01:36,189 - No, don't you go! - Man: Look out. 29 00:01:44,738 --> 00:01:46,730 Why'd your girlfriend try to kill you, Danny? 30 00:01:46,773 --> 00:01:48,639 She wasn't tryin' to kill me, man. 31 00:01:48,675 --> 00:01:50,735 The gun just went off. It was an accident. 32 00:01:50,777 --> 00:01:53,212 You were arguing. Nine people saw her shoot at you. 33 00:01:53,246 --> 00:01:55,442 She was drunk, man. She didn't... 34 00:01:55,482 --> 00:01:58,941 Hey, hey... her eyeballs are going through the ceiling... that ain't drunk. 35 00:01:58,986 --> 00:02:01,512 Danny, unlicensed gun... 36 00:02:01,555 --> 00:02:03,751 Criminal possession three or four. 37 00:02:03,790 --> 00:02:05,622 Felony or misdemeanor? 38 00:02:06,693 --> 00:02:09,356 - Maybe she took a little meth. - What's a little? 39 00:02:09,396 --> 00:02:12,423 I don't know... five or six hits? 40 00:02:12,466 --> 00:02:14,196 Your treat? 41 00:02:14,234 --> 00:02:16,533 No, man, I don't know where she could've got it. 42 00:02:18,372 --> 00:02:20,307 Cerreta: This better be the truth. 43 00:02:26,780 --> 00:02:29,306 Boyfriend said she did six hits of meth. 44 00:02:29,349 --> 00:02:31,716 Only ID we found. 45 00:02:33,754 --> 00:02:36,690 Corson, Maggie. Issued at Haven House. 46 00:02:36,723 --> 00:02:39,386 Catholic drug rehab center. 47 00:02:41,428 --> 00:02:44,592 Maggie. Maggie. 48 00:02:46,600 --> 00:02:48,865 I got nowhere to go. 49 00:04:13,653 --> 00:04:17,112 Look, this is ridiculous. She's 16. She was stoned. 50 00:04:17,157 --> 00:04:20,059 If you want to arrest somebody, arrest the creep she was with. 51 00:04:20,093 --> 00:04:22,460 That's already been done. Now, listen, as for Maggie... 52 00:04:22,496 --> 00:04:24,590 Accident or not, she still has to be arraigned. 53 00:04:24,631 --> 00:04:25,775 After that I can take her back to Haven House? 54 00:04:25,799 --> 00:04:28,598 That's up to the judge. 55 00:04:28,635 --> 00:04:30,831 It was a relapse... it happens. 56 00:04:30,871 --> 00:04:33,705 She is an addict... she's making a difficult transition. 57 00:04:33,740 --> 00:04:35,732 No one is doubting you... you're telling 58 00:04:35,756 --> 00:04:37,973 the wrong people. She's got to be arraigned. 59 00:04:38,011 --> 00:04:40,071 Great! 60 00:04:41,848 --> 00:04:45,785 - Are you really a... - A nun? Yes, Detective, I am. 61 00:04:45,819 --> 00:04:49,085 So I guess I would call you "Sister." 62 00:04:49,122 --> 00:04:50,852 Call me whatever you want. 63 00:04:50,891 --> 00:04:53,759 Sister, has somebody called Maggie's parents? 64 00:04:53,794 --> 00:04:56,787 She ran away from home three years ago... I doubt she's homesick. 65 00:04:56,830 --> 00:04:59,994 Anyway, she's been in our custody for a year. 66 00:05:00,033 --> 00:05:01,968 She's our responsibility. 67 00:05:06,239 --> 00:05:08,174 I thought nuns had curfews. 68 00:05:08,208 --> 00:05:10,734 That went out with the penguin suit. 69 00:05:11,812 --> 00:05:14,043 Maggie, when you're arraigned, 70 00:05:14,080 --> 00:05:16,174 you'll either be placed in a juvenile ward 71 00:05:16,216 --> 00:05:18,208 or back at Haven House. 72 00:05:18,251 --> 00:05:21,119 Now, chances are, you'll get a compassionate judge 73 00:05:21,154 --> 00:05:22,952 and you can go back to the house. 74 00:05:22,989 --> 00:05:24,855 Maggie? 75 00:05:24,891 --> 00:05:27,759 Get her out of here! I don't want her near me. 76 00:05:27,794 --> 00:05:31,731 - Maggie... - Please! Get her out! 77 00:05:36,102 --> 00:05:38,003 Let's go have a talk. 78 00:05:42,108 --> 00:05:45,272 Maggie, what's the problem? 79 00:05:47,681 --> 00:05:49,912 It doesn't have to leave this room. 80 00:05:59,359 --> 00:06:01,260 Maggie... 81 00:06:07,100 --> 00:06:10,867 Last night, we were in the shower... 82 00:06:10,904 --> 00:06:13,339 You and who? 83 00:06:14,774 --> 00:06:16,538 Sister Bettina? 84 00:06:19,880 --> 00:06:22,213 All right, why were you in the shower? 85 00:06:25,652 --> 00:06:28,622 I was sick and... 86 00:06:28,655 --> 00:06:31,716 she said I'd feel better if I had a hot shower. 87 00:06:32,726 --> 00:06:35,890 Mm-hmm. Okay. 88 00:06:35,929 --> 00:06:38,057 And what happened then? 89 00:06:43,203 --> 00:06:46,401 She... 90 00:06:46,439 --> 00:06:48,840 She had her hands on me. 91 00:06:51,645 --> 00:06:55,082 She put her hands all over me. 92 00:07:01,888 --> 00:07:04,949 Okay, okay, all right. 93 00:07:08,295 --> 00:07:09,991 Cerreta: It didn't come easy, 94 00:07:10,030 --> 00:07:11,965 but she gave me the whole play-by-play... 95 00:07:11,998 --> 00:07:14,900 The what, where, how... everything that Sister Bettina did to her. 96 00:07:14,935 --> 00:07:16,597 You ask the nun about it? 97 00:07:16,636 --> 00:07:18,161 We didn't give her the specifics, 98 00:07:18,204 --> 00:07:21,538 but as far as Maggie being flipped out... she says she doesn't know why. 99 00:07:21,574 --> 00:07:23,873 You think this girl is credible? 100 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. 102 00:07:28,481 --> 00:07:31,417 This could be a fabrication... could be she wanted to be kicked out. 103 00:07:31,451 --> 00:07:34,387 But if she wants out, there are better ways than a molest charge. 104 00:07:34,421 --> 00:07:37,482 She's young, she's speeding... Who says she needs easy choices? 105 00:07:37,524 --> 00:07:38,992 Meaning? 106 00:07:39,025 --> 00:07:41,221 Come on, this is the first time we've seen 107 00:07:41,261 --> 00:07:43,730 a false accusation on a molest and a rape charge? 108 00:07:43,763 --> 00:07:46,164 Yeah, but there's also the other side, Mike. 109 00:07:46,199 --> 00:07:49,397 - Where is the girl now? - Manhattan Psychiatric. 110 00:07:49,436 --> 00:07:52,429 The DA dropped her to criminal possession four on the gun charge. 111 00:07:52,472 --> 00:07:54,600 Has she talked to anyone else about the molest? 112 00:07:54,641 --> 00:07:58,669 Only her roommate. We have a call in to the Executive Director of Haven House. 113 00:07:58,712 --> 00:08:02,911 Let's see if we can't dodge the inevitable uproar on this one, okay? 114 00:08:06,953 --> 00:08:11,084 Yesterday evening was the first I heard about this. 115 00:08:11,124 --> 00:08:13,218 Maggie's roommate, Maria Barragan, 116 00:08:13,259 --> 00:08:15,125 brought it to my attention. 117 00:08:15,161 --> 00:08:19,155 I sent for Maggie, but she'd already disappeared. 118 00:08:19,199 --> 00:08:21,566 Did you have a chance to speak to Sister Bettina? 119 00:08:21,601 --> 00:08:23,968 This morning, after she got back from the hospital. 120 00:08:24,004 --> 00:08:25,996 She's pretty stunned. 121 00:08:26,039 --> 00:08:27,940 What's your take on this? 122 00:08:27,974 --> 00:08:30,944 I wish I had one. 123 00:08:30,977 --> 00:08:34,106 Maggie Corson can be quite... 124 00:08:34,147 --> 00:08:36,707 Lacking in the credibility department? 125 00:08:36,750 --> 00:08:41,085 Look, all these kids have been on the street. 126 00:08:41,121 --> 00:08:44,250 Survival became a lot more important than honesty 127 00:08:44,290 --> 00:08:46,020 some time ago for most of them. 128 00:08:46,059 --> 00:08:50,019 So your first instinct on this would be that Maggie's lying? 129 00:08:51,131 --> 00:08:53,760 If Maria hadn't seen them, I would have to say 130 00:08:53,800 --> 00:08:57,168 it sounds incredible... given Sister Bettina's reputation. 131 00:08:57,203 --> 00:09:00,605 Wait a minute. Maria is the roommate. 132 00:09:00,640 --> 00:09:04,042 She saw Sister Bettina and Maggie together? 133 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. 138 00:09:24,464 --> 00:09:26,763 I got worried, so I went looking. 139 00:09:26,800 --> 00:09:29,201 I heard the water running in the shower, 140 00:09:29,235 --> 00:09:33,002 and I saw Sister B touching and kissing Maggie. 141 00:09:33,039 --> 00:09:35,167 Now, where... 142 00:09:37,010 --> 00:09:39,241 where exactly did she kiss her? 143 00:09:39,279 --> 00:09:41,805 On her face and her shoulder. 144 00:09:41,848 --> 00:09:44,909 - Was Maggie dressed or undressed? - Undressed. 145 00:09:44,951 --> 00:09:48,513 - And Sister Bettina? - She had on this blue bathrobe. 146 00:09:48,555 --> 00:09:50,751 You see anything else? No. 147 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. 149 00:09:56,429 --> 00:09:59,024 She said Sister B messed with her. 150 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... 152 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... 155 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 158 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. 160 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? 173 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 175 00:11:16,709 --> 00:11:19,873 the proper amount of affection will go with these kids. 176 00:11:19,913 --> 00:11:24,112 Maria may have her signals crossed, but that still leaves Maggie. 177 00:11:24,150 --> 00:11:27,052 That one, I can't figure out. 178 00:11:27,086 --> 00:11:29,282 I always got along well with Maggie. 179 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, 181 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 it been 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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