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NARRATOR:
In the criminal justice system
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00:00:02,965 --> 00:00:06,879
the people are represented by two
separate yet equally important groups,
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00:00:06,935 --> 00:00:08,744
the police
who investigate crime
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and the district attorneys
who prosecute the offenders.
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These are their stories.
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Hey, Emily.
Hey.
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You never heard
of social promotion?
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This kid has no business
being moved up a grade.
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He can barely read!
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You want to take on the administration
over some little underachiever?
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(sun FIRING)
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(PEOPLE EXCLAIMING)
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GIRL 1: Where is it?
GIRL 2: Get down!
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(PEOPLE CLAMORING)
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Amanda?
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Amanda...
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(WHIMPERING)
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All I know is we were leaving
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and somebody
started shooting at us.
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Can you find out how Amanda is?
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She's still in surgery.
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Did you see anybody hanging around
before the shooting started?
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We saw a couple of
kids on the way out.
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And there were three or four kids
hanging out by that blue Camaro.
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I can't believe this.
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We got one shot-up teacher and a
parking lot full of shell casings.
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Two kids admit
being in the vicinity.
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There's a uniform
inside babysitting them.
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00:01:06,095 --> 00:01:09,804
You got these cars listed yet?
How many shots in all?
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We recovered two slugs
from the victim's car,
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four from the bus, and the one the
doctors are digging out of the victim.
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Lousy shooting.
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Good enough.
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(OFFICERS CHATTERING ON RADIO)
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Me and Emily ran back inside
when the shooting started.
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Where were you?
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Uh, right there.
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Well, what did you see
before the shooting started?
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Nothing much.
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We saw Mrs. Novak and
Mrs. Ortega come out.
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Is she gonna be okay?
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You like her?
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Yeah.
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She's not like most of 'em.
She's an actual human being.
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How so?
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She's the only one that
stands up for us girls.
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I mean, we can't
walk down the halls
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without having boys
sticking their hands
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down our bras
and grabbing at us.
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Not all the guys.
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How does she stand up for you?
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Well, she made Mr. Amsterdam
suspend some of the boys.
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Why's that?
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They were hitting on girls and using
the old music room to have sex in.
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We've never had a shooting
on the school grounds before.
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Do you know of any bad blood
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between these two teachers
and anybody here?
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The usual, nothing that
would account for this.
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What's the usual?
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Kids who get
an "F" instead of a "C,"
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teachers who resent Mrs. Novak's
rapport with the students...
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This doesn't make any sense.
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Didn't Mrs. Novak tell you students
were having sex on campus,
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and you suspended them?
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Good Lord, they couldn't
shoot her over that.
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00:03:15,491 --> 00:03:16,868
How'd she find out about it?
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00:03:16,926 --> 00:03:18,599
A student told her.
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00:03:18,661 --> 00:03:21,733
We didn't know if it was just a
rumor, turned out to be true.
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00:03:21,798 --> 00:03:23,038
How'd you pin it down?
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They were using
the old music room.
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It's off-limits
because of asbestos.
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We found used condoms in there.
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So how many kids
did you suspend?
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Three boys.
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How about the girls?
Detention.
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It was clear the boys
were the instigators.
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Kids shoot teachers over
a suspension?
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One of our witnesses said
the boys who got suspended
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were in the parking lot right
before the shooting started.
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They were gone
when we got there.
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Yeah. There was a Camaro in the
lot that belongs to one of 'em.
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The principal's
rounding 'em up for us.
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Hey, Rey.
Give me a minute.
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Listen, about that
request for a transfer,
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I'm sorry, but this
just isn't the right time.
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All right. But I'm
serious about it, LT.
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00:04:03,239 --> 00:04:05,150
No, I know you are,
and I can appreciate
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Deborah wanting
you on a desk job
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00:04:06,809 --> 00:04:08,618
but if I lose
a detective right now,
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they won't give
me a replacement.
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00:04:10,480 --> 00:04:13,484
I got you. Uh, my family
has to come first.
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00:04:18,721 --> 00:04:20,564
So you just left
your car sitting there?
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00:04:20,623 --> 00:04:24,002
Sure I did.
Bullets flying, you just run.
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00:04:24,060 --> 00:04:26,267
And what did you
see before you ran?
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00:04:26,329 --> 00:04:27,933
A guy and a girl
by the entrance.
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Then Mrs. Novak and some
other teacher came out
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and then, bam, bam, bam.
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CURTIS: You didn't see
the shooter?
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We didn't even know where
the shots were coming from.
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BRISCOE: You own a gun?
Any of you?
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No. We didn't do it.
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So what were you doing
in the parking lot?
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We were waiting for a girl we
know to get out of drama club.
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Why? So you could take
her to the music room?
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We can't get in there anymore.
They put a lock on the door.
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(SIGHING) Okay,
thanks for your cooperation.
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I wish I could help you.
I didn't see who was shooting.
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That school is a snake pit. The
students are out of control,
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and all the administration cares about
is covering its collective ass.
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You owe anybody money?
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LLOYD: Car payments.
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Do you have
a life insurance policy
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somebody might
want to collect on?
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I'm her beneficiary.
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Would you mind if we speak
to her alone, Mr. Novak?
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Look, I'll be right
outside, okay, honey?
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You and your husband
get along all right?
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(LAUGHING) Oh!
Lloyd didn't shoot me.
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BRISCOE: Who knew
what time you were leaving?
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Nobody.
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I'm usually there till
about 7:00,
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but yesterday
I decided to go home early.
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You tell anybody?
No.
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It was
a spur-of-the-moment thing.
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I'd just had enough
for one day.
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00:06:05,094 --> 00:06:07,574
Okay, your shooter's
hiding here.
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00:06:07,630 --> 00:06:10,440
The CSU unit found
three fresh gum wrappers.
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00:06:10,500 --> 00:06:11,740
So the shooter
waited long enough
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00:06:11,801 --> 00:06:14,213
for the flavor to go out
of two sticks of gum.
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00:06:14,270 --> 00:06:16,011
You got one
bullet in the victim,
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two in this car
and four more over here.
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00:06:18,808 --> 00:06:22,187
Which means the shooter started
firing from this corner,
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00:06:22,245 --> 00:06:24,919
ran this way
and kept on shooting.
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00:06:24,981 --> 00:06:26,961
Seven 9mm shots in all.
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00:06:27,016 --> 00:06:29,929
The bullet that hit the victim
came from the original fusillade.
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00:06:29,986 --> 00:06:32,796
Well, if Amanda Novak
was the intended target,
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00:06:32,855 --> 00:06:34,801
why'd he keep on firing?
Yeah.
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00:06:35,158 --> 00:06:36,967
So I had a team
check across the street.
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BRISCOE: And?
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They found three
.38 slugs over there.
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Another shooter.
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With better aim.
One of 'em hit.
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00:06:44,834 --> 00:06:48,043
Blood on the ground. Not much,
the lab's trying to type it.
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00:06:48,104 --> 00:06:49,606
Do you have the trajectory
for the .38?
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00:06:49,672 --> 00:06:50,707
Yeah.
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00:06:50,773 --> 00:06:53,481
The shot came from
this car right here.
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00:06:54,343 --> 00:06:55,617
A Camaro.
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00:06:56,279 --> 00:06:59,385
Give it up, kid, we tossed
your car, we found the gun.
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00:06:59,449 --> 00:07:01,588
The lab's running
tests on it right now.
150
00:07:01,651 --> 00:07:03,426
Somebody must have put it
in my car.
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00:07:03,486 --> 00:07:06,524
Yeah. Yeah, the somebody whose
fingerprints are all over it,
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which would be you.
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00:07:07,690 --> 00:07:09,328
We know you got
off three rounds.
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00:07:09,392 --> 00:07:11,668
So who were you shooting at?
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00:07:11,727 --> 00:07:13,673
Look, if it's your bullet
that his Mrs. Novak,
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00:07:13,729 --> 00:07:15,868
you're looking at 15-to-life
for attempted murder.
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00:07:15,932 --> 00:07:16,933
It wasn't me that hit her.
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00:07:16,999 --> 00:07:18,205
Who were you shooting at?
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Somebody started shooting
at us.
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00:07:19,936 --> 00:07:21,040
I grabbed the gun from the car
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and I shot back.
I don't know who it was.
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It was broad daylight, Randy.
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00:07:24,607 --> 00:07:27,679
Well, they were wearing a parka,
you know, like with a hood.
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00:07:27,743 --> 00:07:28,983
I didn't see their face.
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That's right.
Keep on lying,
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you're gonna be somebody's
girlfriend at Attica.
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I'm telling you.
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(SIGHING)
I don't know who it was.
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00:07:40,089 --> 00:07:41,591
We're not gonna get
anything out of this kid.
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00:07:41,657 --> 00:07:43,034
Well, go at it
from the other end.
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00:07:43,092 --> 00:07:44,503
Have you checked
the hospital reports
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for our missing gunshot victim?
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00:07:46,128 --> 00:07:48,005
Yeah, nothing promising so far.
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Well, if I was gunning
for someone and missed,
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and they shot back at me, I sure
wouldn't show up the next day.
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00:07:53,069 --> 00:07:56,448
We checked. There were
46 kids absent today.
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00:07:56,505 --> 00:07:59,543
For what it's worth, three of the
parents have handgun permits.
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00:07:59,609 --> 00:08:02,249
Well, at least that's
a place to start.
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00:08:02,311 --> 00:08:06,282
And book Randy for possessing and
discharging an illegal weapon.
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00:08:12,521 --> 00:08:14,023
Raymond Maxwell?
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00:08:14,090 --> 00:08:15,228
That's me.
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00:08:15,625 --> 00:08:18,765
Your daughter Sally
missed school today?
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00:08:18,828 --> 00:08:20,569
Yeah.
She sick?
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00:08:21,330 --> 00:08:23,503
Why are you asking?
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00:08:23,566 --> 00:08:27,378
Dad, I think we need
new french-fry oil.
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00:08:27,436 --> 00:08:30,906
Honey, I've told you, you've
gotta tell Gus to do that.
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00:08:32,041 --> 00:08:33,076
That Sally?
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00:08:33,142 --> 00:08:34,314
That's her big sister, Valerie.
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00:08:34,377 --> 00:08:35,685
What do you want with Sally?
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00:08:35,745 --> 00:08:37,019
You own a 9mm handgun?
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00:08:37,079 --> 00:08:38,581
And a permit.
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00:08:38,648 --> 00:08:40,650
Look, I know about
the shooting at school.
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00:08:40,716 --> 00:08:43,663
What're you asking me questions
about my gun and my daughter?
194
00:08:43,719 --> 00:08:45,323
Is your gun here now?
195
00:08:47,323 --> 00:08:49,701
Listen, when the police ask
to see your licensed handgun,
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00:08:49,759 --> 00:08:51,204
you don't get to say no.
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00:08:54,030 --> 00:08:55,338
(SIGHING)
198
00:08:59,535 --> 00:09:01,446
Seven-shot clip. Empty.
199
00:09:02,405 --> 00:09:04,646
Emptied the
old-fashioned way.
200
00:09:05,975 --> 00:09:08,148
You been to the
firing range lately?
201
00:09:12,081 --> 00:09:14,459
I didn't take the gun.
I didn't shoot anybody.
202
00:09:14,517 --> 00:09:15,757
What's under that
bandage, Sally?
203
00:09:15,818 --> 00:09:17,729
She cut herself.
Climbing over a fence.
204
00:09:17,787 --> 00:09:19,027
She told you that?
Yes.
205
00:09:19,088 --> 00:09:21,261
Look, we found blood where
the shooter was standing.
206
00:09:21,324 --> 00:09:23,235
If we have to,
we'll run a blood test on you.
207
00:09:23,292 --> 00:09:26,865
We've got your father's gun at the
lab, checking it for fingerprints
208
00:09:26,929 --> 00:09:29,910
and matching it against the bullet
they dug out of Mrs. Novak.
209
00:09:29,966 --> 00:09:31,240
You don't play
it straight with us,
210
00:09:31,300 --> 00:09:33,280
it's gonna go real bad for you.
211
00:09:33,336 --> 00:09:34,838
So why'd you
shoot at those boys?
212
00:09:34,904 --> 00:09:37,350
They shot at me first! I didn't
mean to hurt Mrs. Novak.
213
00:09:37,406 --> 00:09:38,407
Sally, that's enough.
214
00:09:38,474 --> 00:09:39,782
What was the beef between
you and those boys?
215
00:09:39,842 --> 00:09:41,685
Stop it.
No more questions.
216
00:09:41,744 --> 00:09:43,781
Hey, we're gonna hear
their side of the story.
217
00:09:43,846 --> 00:09:45,291
Don't you want us to hear hers?
218
00:09:48,150 --> 00:09:50,357
Not until I get her a lawyer.
219
00:09:52,121 --> 00:09:53,964
Sally Maxwell? I don't
even know who that is.
220
00:09:54,023 --> 00:09:56,162
She seemed to know you
well enough to want you dead.
221
00:09:56,225 --> 00:09:57,670
So she's crazy.
But I don't know her.
222
00:09:57,727 --> 00:09:59,707
Well, maybe one
of your buddies does.
223
00:09:59,762 --> 00:10:00,832
I don't know.
224
00:10:00,896 --> 00:10:02,307
Look, don't play me, Roscoe.
225
00:10:02,365 --> 00:10:04,538
You guys are tight. One of
you has something with a girl,
226
00:10:04,600 --> 00:10:05,874
the rest of you know about it.
227
00:10:05,935 --> 00:10:07,505
All right. Well, that's just it.
I don't know.
228
00:10:07,570 --> 00:10:09,345
You're starting to
piss me off, Roscoe.
229
00:10:09,405 --> 00:10:11,578
I told you what I know.
230
00:10:12,341 --> 00:10:14,252
I want to talk to my parents.
231
00:10:14,343 --> 00:10:17,984
Says on your school record you had a
little drug problem earlier this year.
232
00:10:18,047 --> 00:10:20,027
(SIGHING) Yeah. I got
that all cleared up.
233
00:10:20,082 --> 00:10:21,459
Oh, yeah?
234
00:10:21,517 --> 00:10:24,691
What, you stopped dealing
ecstasy to the freshmen?
235
00:10:24,754 --> 00:10:26,427
Look, I wasn't dealing,
all right?
236
00:10:26,489 --> 00:10:29,470
I was just middling
some stuff as a favor.
237
00:10:30,026 --> 00:10:31,369
Is that how you met Sally?
238
00:10:31,427 --> 00:10:33,839
You did her a favor?
Maybe ripped her off?
239
00:10:33,896 --> 00:10:35,341
No. I never met her.
240
00:10:35,398 --> 00:10:37,776
What? She was just using
you for target practice?
241
00:10:37,833 --> 00:10:41,906
(SCOFFS) Hell if I know. Maybe
she was on the rag or something.
242
00:10:41,971 --> 00:10:43,575
(CHUCKLING)
243
00:10:44,206 --> 00:10:46,117
You make me puke, kid.
244
00:10:48,110 --> 00:10:51,353
Someone must've lowered the standards
for high school Casanovas.
245
00:10:51,414 --> 00:10:53,291
Maybe they talk a good game.
246
00:10:53,349 --> 00:10:55,761
You know, the way to a woman's
heart is through her ear.
247
00:10:55,818 --> 00:10:57,923
Well, talk to the girls they
brought to the music room.
248
00:10:57,987 --> 00:11:00,900
Maybe one of them
can tell you about Sally.
249
00:11:02,625 --> 00:11:04,969
Uh... I'll meet you outside,
all right?
250
00:11:05,028 --> 00:11:07,167
Yeah.
He's right over there.
251
00:11:09,533 --> 00:11:11,240
How'd it go?
Smooth as silk.
252
00:11:11,301 --> 00:11:12,644
We busted the
guy with the goods.
253
00:11:12,702 --> 00:11:14,010
(SIGHING) Is Cathy okay?
254
00:11:14,071 --> 00:11:15,175
Cathy was a real pro.
255
00:11:16,006 --> 00:11:17,314
Chip off the old block.
256
00:11:17,374 --> 00:11:19,513
The A.D.A's looking
for a quick trial date.
257
00:11:19,576 --> 00:11:21,055
Your daughter has one
more piece of business.
258
00:11:21,111 --> 00:11:22,181
Then she's home free.
259
00:11:22,245 --> 00:11:23,246
Good.
260
00:11:24,047 --> 00:11:25,390
Thanks for keeping me
in the loop.
261
00:11:25,449 --> 00:11:26,723
Sure thing.
262
00:11:27,751 --> 00:11:28,821
(SCHOOL BELL RINGING)
263
00:11:28,885 --> 00:11:31,456
It started with one girl
who came to Amanda Novak.
264
00:11:31,521 --> 00:11:34,263
Told her what was going on.
One name led to another.
265
00:11:34,324 --> 00:11:35,428
How many girls?
266
00:11:35,492 --> 00:11:36,527
Five or six.
267
00:11:36,593 --> 00:11:37,901
Sally Maxwell?
268
00:11:37,961 --> 00:11:40,464
No. But we probably
didn't get everybody.
269
00:11:40,530 --> 00:11:43,136
Well, we're gonna need to
talk to the ones you did get.
270
00:11:43,200 --> 00:11:46,511
This is a privacy issue. These girls
don't want to be embarrassed.
271
00:11:46,570 --> 00:11:48,208
Look, I have three daughters.
272
00:11:48,271 --> 00:11:49,306
I'm sure if this
happened to them,
273
00:11:49,372 --> 00:11:51,113
they'd want to
talk to somebody.
274
00:11:51,174 --> 00:11:54,087
Tell you what, Mrs. Davenport,
you pick out a girl
275
00:11:54,144 --> 00:11:57,990
and then you ask her if she doesn't
mind talking. Fair enough?
276
00:11:59,549 --> 00:12:01,722
I don't know anything
about them and Sally Maxwell.
277
00:12:01,785 --> 00:12:04,595
You know any reason a girl might
have a beef with these guys?
278
00:12:04,654 --> 00:12:06,565
Sure. You go with them
and next thing you know,
279
00:12:06,623 --> 00:12:09,160
it's all over school,
you're a slut.
280
00:12:09,226 --> 00:12:11,433
Is that what happened to you?
281
00:12:12,095 --> 00:12:14,200
You wanted to go with them?
282
00:12:15,999 --> 00:12:19,378
I used to think they were
the coolest guys in school.
283
00:12:23,140 --> 00:12:24,778
Why can't my dad be with me?
284
00:12:24,841 --> 00:12:26,377
VAN BUREN: It's better
if he waits outside.
285
00:12:26,443 --> 00:12:29,617
Your lawyer will make sure
I respect your rights.
286
00:12:31,715 --> 00:12:33,786
Let's talk about the
music room.
287
00:12:34,451 --> 00:12:37,091
Did you have sex with
Hayden, Randy and Roscoe?
288
00:12:38,789 --> 00:12:40,598
And then they
called you a slut,
289
00:12:40,657 --> 00:12:42,398
made fun of you
to other people?
290
00:12:45,362 --> 00:12:46,602
And you got mad,
291
00:12:46,663 --> 00:12:48,438
because you thought
having sex with them
292
00:12:48,498 --> 00:12:50,205
would make you
as cool as they are.
293
00:12:50,267 --> 00:12:51,302
No!
294
00:12:51,368 --> 00:12:53,279
But you figured out they
didn't give a damn about you,
295
00:12:53,336 --> 00:12:55,441
so you decided to get even.
296
00:12:55,505 --> 00:12:57,507
No.
No?
297
00:13:02,746 --> 00:13:04,885
I didn't have sex with them.
298
00:13:06,483 --> 00:13:08,326
They raped my sister.
299
00:13:10,287 --> 00:13:13,097
Well, Sally,
why didn't you tell anyone?
300
00:13:13,156 --> 00:13:16,103
Why grab a gun
to settle the score?
301
00:13:16,159 --> 00:13:18,036
I told Mrs. Davenport.
302
00:13:19,829 --> 00:13:21,740
She didn't do anything.
303
00:13:28,138 --> 00:13:30,140
Lady, covering up
a felony is a felony.
304
00:13:30,207 --> 00:13:33,416
You asked me if Sally was one
of the girls and I said no.
305
00:13:33,476 --> 00:13:35,513
And you didn't think
rape was worth mentioning?
306
00:13:35,579 --> 00:13:37,718
What the hell kind of place
are you people running here?
307
00:13:37,781 --> 00:13:40,022
We investigate
what's been reported.
308
00:13:40,083 --> 00:13:42,461
I spoke with the boys,
I spoke with Valerie.
309
00:13:42,519 --> 00:13:44,829
They said she consented,
she said she consented.
310
00:13:44,888 --> 00:13:46,959
She told her sister
something different.
311
00:13:47,023 --> 00:13:50,163
Well, maybe Sally heard
what she wanted to hear.
312
00:13:50,727 --> 00:13:52,138
She's very protective
of Valerie.
313
00:13:52,195 --> 00:13:53,606
Isn't Valerie the older sister?
314
00:13:54,965 --> 00:13:57,172
Valerie's developmentally
challenged.
315
00:13:57,233 --> 00:13:58,268
Challenged how?
316
00:13:58,335 --> 00:13:59,336
She's retarded.
317
00:14:01,905 --> 00:14:06,047
Three boys gang up on a retarded
girl and you just say, "Oh, okay."
318
00:14:06,109 --> 00:14:07,383
What, are you
afraid of a lawsuit?
319
00:14:07,444 --> 00:14:09,219
I'm a guidance counselor.
Not a cop.
320
00:14:09,279 --> 00:14:11,020
So call a cop
when you need one!
321
00:14:11,081 --> 00:14:13,755
When I need one, I will.
322
00:14:13,817 --> 00:14:15,319
There was no rape.
323
00:14:15,585 --> 00:14:17,531
Talk to Valerie yourselves.
324
00:14:17,587 --> 00:14:18,793
Count on it.
325
00:14:20,624 --> 00:14:22,695
Sally said never tell anyone.
326
00:14:22,759 --> 00:14:24,761
Why do you think
she told you that?
327
00:14:25,996 --> 00:14:28,237
Sally said what I did was bad.
328
00:14:29,065 --> 00:14:31,045
CURTIS: Do you think
it was bad?
329
00:14:32,636 --> 00:14:34,980
I think it's okay to play
a game with friends.
330
00:14:35,605 --> 00:14:37,778
Did the boys tell
you it was a game?
331
00:14:39,509 --> 00:14:41,750
What game did they say it was?
332
00:14:42,979 --> 00:14:44,049
Sex.
333
00:14:45,815 --> 00:14:48,056
And you told them it was okay?
334
00:14:50,287 --> 00:14:54,235
I said I couldn't 'cause Dad says
sex is for when you're in love.
335
00:14:55,925 --> 00:14:57,996
And what happened
when you told them that?
336
00:15:00,330 --> 00:15:03,436
They laughed a lot.
They said they loved me.
337
00:15:03,500 --> 00:15:05,377
BRISCOE: And
that made it okay?
338
00:15:06,870 --> 00:15:07,974
Sure.
339
00:15:09,806 --> 00:15:12,878
They took turns having sex with
her, then put a soda bottle in her!
340
00:15:12,942 --> 00:15:16,651
Rey, calm down.
Can we make a rape case?
341
00:15:16,713 --> 00:15:18,488
Depends how retarded
this girl is.
342
00:15:18,548 --> 00:15:20,858
Enough to believe
these punks loved her.
343
00:15:20,917 --> 00:15:22,590
That's a little inexact
to take to court.
344
00:15:22,652 --> 00:15:25,030
We need to prove she's legally
incompetent to give consent.
345
00:15:25,088 --> 00:15:28,934
Her school records
put her IQ at around 65.
346
00:15:29,392 --> 00:15:32,862
Let me get a full psych work-up.
I'll call Emil Skoda.
347
00:15:35,332 --> 00:15:38,404
We're gonna leave these boys free
to line up their next conquest?
348
00:15:38,468 --> 00:15:40,311
No. Pick 'em up.
349
00:15:41,538 --> 00:15:42,812
(WHISTLE BLOWING)
350
00:15:42,872 --> 00:15:44,215
(BOYS CHATTERING)
351
00:15:51,715 --> 00:15:53,752
So, Randy, Daddy
sprung for bail, huh?
352
00:15:53,817 --> 00:15:54,921
Stand up.
353
00:15:55,452 --> 00:15:58,729
Sure. Beats doing squat thrusts
for goofing on Fat Frankie.
354
00:15:58,788 --> 00:16:00,233
You're gonna have
to make bail again.
355
00:16:00,290 --> 00:16:02,861
You're all under arrest for
the rape of Valerie Maxwell.
356
00:16:02,926 --> 00:16:04,564
You're kidding. No way.
357
00:16:04,627 --> 00:16:05,662
Way, Randy.
358
00:16:05,729 --> 00:16:10,075
You're gonna be doing your squatting
and thrusting in Rikers. Let's go.
359
00:16:12,302 --> 00:16:14,748
A rape charge requires
a victim, Mr. McCoy.
360
00:16:14,805 --> 00:16:19,151
A retarded girl is raped and sexually
assaulted with a foreign object
361
00:16:19,209 --> 00:16:20,483
and you don't see a victim?
362
00:16:20,544 --> 00:16:22,114
You have proof
the girl's incompetent?
363
00:16:23,380 --> 00:16:24,381
Are you kidding?
364
00:16:24,915 --> 00:16:26,451
An IQ of 65?
365
00:16:26,517 --> 00:16:29,225
Well, it doesn't matter.
Penal law 130.10.
366
00:16:29,286 --> 00:16:32,324
The boys would have to know
that she can't legally consent.
367
00:16:32,389 --> 00:16:33,459
Otherwise, there's no crime.
368
00:16:33,523 --> 00:16:35,366
You're gonna try to
sell that to a jury?
369
00:16:35,425 --> 00:16:37,701
That the boys didn't
know she was retarded?
370
00:16:37,761 --> 00:16:39,104
They're in the same school.
371
00:16:39,162 --> 00:16:40,607
4,000 students, Ms. Ross.
372
00:16:40,664 --> 00:16:43,110
As I'm sure you know, the boys
never had a class with her.
373
00:16:43,166 --> 00:16:46,113
Lack of knowledge is
an affirmative defense.
374
00:16:46,169 --> 00:16:47,443
I don't have to
prove they knew.
375
00:16:47,504 --> 00:16:50,576
Yes. We have to prove
they didn't. And we will.
376
00:16:51,275 --> 00:16:53,084
I see we have nothing
to talk about.
377
00:16:57,882 --> 00:17:00,863
If Skoda thinks
she's able to give consent,
378
00:17:00,918 --> 00:17:03,489
we could find ourselves defending
three false-arrest lawsuits.
379
00:17:03,554 --> 00:17:04,897
I'll let you know as
soon as I hear from him.
380
00:17:04,955 --> 00:17:07,265
Why did the cops jump the
gun arresting the boys?
381
00:17:07,324 --> 00:17:10,635
They didn't want to leave them
wandering the halls in search of game.
382
00:17:14,698 --> 00:17:15,870
VALERIE: My mom's dead.
383
00:17:18,035 --> 00:17:21,778
She's in heaven though and she
watches over us all the time.
384
00:17:23,073 --> 00:17:25,110
That's what Sally told me.
385
00:17:25,910 --> 00:17:28,015
What else has she told you?
386
00:17:29,347 --> 00:17:30,951
She told me that
387
00:17:32,116 --> 00:17:34,062
it's very important
to know the names
388
00:17:34,118 --> 00:17:35,995
of people when you're
talking to them,
389
00:17:36,053 --> 00:17:37,361
Dr. Skoda.
390
00:17:39,290 --> 00:17:42,464
And it's very important
to look people in the eye
391
00:17:43,127 --> 00:17:45,334
and say "Thank you"
and "Please."
392
00:17:45,396 --> 00:17:47,603
Sally takes good care of you.
393
00:17:53,838 --> 00:17:55,647
I'm the oldest,
394
00:17:56,774 --> 00:17:59,812
I should be the one
watching after Sally.
395
00:18:01,278 --> 00:18:02,848
Does that bother you?
396
00:18:08,619 --> 00:18:11,964
Dad says I'm special.
That's why I'm special-ed.
397
00:18:13,824 --> 00:18:15,895
Do the other kids
treat you special?
398
00:18:19,797 --> 00:18:21,743
Nicole... (GRUNTS)
399
00:18:22,867 --> 00:18:25,507
She spilled ice cream
on my new dress.
400
00:18:27,938 --> 00:18:30,145
Didn't even
say, "I'm sorry."
401
00:18:30,975 --> 00:18:31,976
She just called me a dummy.
402
00:18:34,612 --> 00:18:38,788
What about Hayden and Roscoe and Randy?
Did they ever call you names?
403
00:18:41,352 --> 00:18:42,990
They're my friends.
404
00:18:43,554 --> 00:18:46,398
Friends don't hurt each other.
That's what Gina said.
405
00:18:47,558 --> 00:18:48,901
Who's Gina?
406
00:18:49,894 --> 00:18:51,669
She's in 12th grade.
407
00:18:53,030 --> 00:18:55,476
Gina Bowman.
She's my friend, too.
408
00:18:58,636 --> 00:19:01,139
She told me
Hayden wanted to play.
409
00:19:03,707 --> 00:19:06,347
Valerie, can you tell me
some reasons
410
00:19:06,410 --> 00:19:09,414
why a woman might want
to have sex with a man?
411
00:19:15,219 --> 00:19:18,428
'Cause that's what you do
when somebody loves you.
412
00:19:21,725 --> 00:19:24,729
She's a sweet girl
with an IQ of 65.
413
00:19:25,229 --> 00:19:28,836
And the school thinks exposing
her to ridicule from normal kids
414
00:19:28,899 --> 00:19:30,105
somehow does her good.
415
00:19:31,235 --> 00:19:33,374
She understand what she did?
416
00:19:33,704 --> 00:19:35,581
Not in any meaningful way.
417
00:19:35,639 --> 00:19:38,552
She'd do whatever it takes to
please whoever she was with.
418
00:19:38,609 --> 00:19:41,089
Would that be obvious
to another teenager?
419
00:19:41,145 --> 00:19:44,285
That'd be crystal clear to anyone
who talked to her for two minutes.
420
00:19:44,415 --> 00:19:45,894
Those boys are gonna
claim the last thing
421
00:19:45,950 --> 00:19:47,520
they did in that
music room was talk.
422
00:19:49,053 --> 00:19:50,361
Have you spoken to Gina Bowman?
423
00:19:50,421 --> 00:19:51,661
Who?
424
00:19:52,022 --> 00:19:53,092
Another student.
425
00:19:53,157 --> 00:19:56,695
Valerie said she played
matchmaker for your defendants.
426
00:19:57,228 --> 00:19:58,707
You knew what
those boys wanted.
427
00:19:58,762 --> 00:20:00,571
If you set Valerie up,
you're guilty of rape.
428
00:20:00,631 --> 00:20:02,668
I never touched her.
The law doesn't care.
429
00:20:04,969 --> 00:20:06,209
Lennie.
430
00:20:07,938 --> 00:20:11,750
I just got a call. Your daughter's
taking the stand in a half an hour.
431
00:20:11,809 --> 00:20:13,584
Thanks. Excuse me.
432
00:20:14,478 --> 00:20:16,389
So how'd you set it up?
433
00:20:17,515 --> 00:20:18,926
You want to get arrested, too?
434
00:20:21,118 --> 00:20:23,894
Hayden said I could hang with them
if I got them a good-looking girl.
435
00:20:23,954 --> 00:20:25,331
So now you're a pimp?
436
00:20:25,389 --> 00:20:27,926
No, I just... I just...
437
00:20:27,992 --> 00:20:30,871
You just wanted everybody
to think you were cool.
438
00:20:30,928 --> 00:20:33,135
Did you tell those boys
she was mentally disabled?
439
00:20:34,331 --> 00:20:38,336
I thought it would turn them off.
But Roscoe said he knew her.
440
00:20:38,402 --> 00:20:40,177
He told the others.
441
00:20:41,238 --> 00:20:44,151
Hayden said, "It'll be
cool doing a retard."
442
00:20:48,245 --> 00:20:51,055
Danny gave me
$500 for 1,000 units.
443
00:20:51,115 --> 00:20:53,425
Same deal we did
every couple of weeks.
444
00:20:53,484 --> 00:20:55,157
What did you tell
him about the drugs?
445
00:20:55,219 --> 00:20:57,495
I told him I stole
them from the hospital.
446
00:20:58,022 --> 00:21:00,593
Then once I left the apartment,
I gave a pre-arranged signal,
447
00:21:00,658 --> 00:21:03,730
and the detectives
went up to arrest Danny.
448
00:21:05,496 --> 00:21:06,804
Thank you.
449
00:21:07,331 --> 00:21:09,208
Did you wear a recording device
450
00:21:09,266 --> 00:21:11,644
when you went to
Mr. Jones' apartment?
451
00:21:12,069 --> 00:21:13,673
No.
As far as you know,
452
00:21:13,737 --> 00:21:16,047
are there any videotapes
or photographs
453
00:21:16,106 --> 00:21:19,315
of you exchanging drugs
for money with my client?
454
00:21:19,376 --> 00:21:20,377
No.
455
00:21:20,444 --> 00:21:22,424
(SCOFFS) So we only
have your word.
456
00:21:23,247 --> 00:21:26,888
Isn't it true you once had a sexual
relationship with my client?
457
00:21:28,919 --> 00:21:30,057
Yes.
458
00:21:30,120 --> 00:21:33,033
And isn't it true that while
you were employed as a nurse,
459
00:21:33,090 --> 00:21:35,832
attending to
critically ill people,
460
00:21:35,893 --> 00:21:37,873
you were addicted
to meth-amphetamines?
461
00:21:39,563 --> 00:21:41,065
Yes.
And isn't it true
462
00:21:41,131 --> 00:21:42,610
that you are here testifying
463
00:21:42,666 --> 00:21:45,374
under a plea arrangement
with the District Attorney?
464
00:21:45,436 --> 00:21:46,471
CATHY: Yes.
465
00:21:46,537 --> 00:21:51,282
So you were allowed to plead to a
misdemeanor, given no jail time,
466
00:21:51,342 --> 00:21:54,721
for stealing thousands of
pills from your hospital?
467
00:21:55,813 --> 00:21:58,123
Yes.
That's a very sweet deal.
468
00:21:59,216 --> 00:22:02,220
Now, your father is a
detective, isn't that right?
469
00:22:02,286 --> 00:22:03,526
CATHY: Yes.
470
00:22:03,587 --> 00:22:05,658
Detective Lennie Briscoe.
471
00:22:06,156 --> 00:22:08,136
Is that the same Lennie Briscoe
472
00:22:08,192 --> 00:22:10,934
who was investigated by
the Hellman Commission on...
473
00:22:10,995 --> 00:22:12,269
Objection.
Sustained.
474
00:22:12,329 --> 00:22:15,640
...police corruption, who was accused of
stealing evidence in a drug-trafficking case?
475
00:22:15,699 --> 00:22:16,905
Ms. Briscoe, isn't it true...
Ms. Lapinsky.
476
00:22:16,967 --> 00:22:18,241
...that you were
part of a scheme
477
00:22:18,302 --> 00:22:20,111
by a corrupt narcotics squad who is trying...
(GAVEL POUNDING)
478
00:22:20,170 --> 00:22:21,581
LANGLOIS: Ms. Lapinsky!
...to frame my client,
479
00:22:21,638 --> 00:22:23,709
because he refused to pay
them protection money?
480
00:22:23,774 --> 00:22:24,912
Objection, Your Honor!
481
00:22:24,975 --> 00:22:26,045
No, I wouldn't do that.
482
00:22:26,110 --> 00:22:28,181
Why not? The apple doesn't fall
far from the tree, does it?
483
00:22:28,245 --> 00:22:29,315
(GAVEL POUNDING)
484
00:22:29,380 --> 00:22:31,326
Ms. Lapinsky, the objection
is again sustained.
485
00:22:31,382 --> 00:22:35,728
I want all of that stricken. The jury
will disregard the last exchange.
486
00:22:36,754 --> 00:22:38,427
No more questions.
487
00:22:45,796 --> 00:22:48,743
Hey, you did all right in
there, sweetheart.
488
00:22:49,533 --> 00:22:52,810
Don't you get it, Dad?
My life is over.
489
00:22:53,570 --> 00:22:54,947
I'm not gonna be
able to get a job.
490
00:22:55,005 --> 00:22:57,918
I'm always gonna be known
as the meth-addict nurse,
491
00:22:57,975 --> 00:23:00,353
who stole drugs for
her dope-dealer boyfriend.
492
00:23:00,411 --> 00:23:02,220
Why don't you come and
stay with me for a while
493
00:23:02,279 --> 00:23:03,485
till you get back
on your feet, huh?
494
00:23:03,547 --> 00:23:06,118
Dad, please! Did you
hear what I just said?
495
00:23:06,183 --> 00:23:09,995
Honey, people make mistakes and
start over all the time. I did.
496
00:23:12,189 --> 00:23:13,964
Thanks. But right now
497
00:23:14,024 --> 00:23:17,130
I feel like you made a mistake
having me in the first place.
498
00:23:18,562 --> 00:23:19,768
(SNIFFING)
499
00:23:22,633 --> 00:23:24,613
Watch her back, will you?
500
00:23:29,039 --> 00:23:32,509
Three boys who took cruel
advantage of a retarded girl.
501
00:23:33,410 --> 00:23:37,984
Another girl so desperate to be liked
she became a procurer for these boys.
502
00:23:38,382 --> 00:23:41,852
A 14-year-old child who tries to
solve her problems with a gun.
503
00:23:41,919 --> 00:23:44,695
And an innocent bystander
in the hospital. Yes.
504
00:23:44,755 --> 00:23:46,428
Good gracious.
505
00:23:46,490 --> 00:23:48,265
Any adults at that school?
506
00:23:48,325 --> 00:23:51,238
Briscoe says the adults are so
enlightened they make his teeth hurt.
507
00:23:51,295 --> 00:23:55,744
According to the cops, the school
abdicated its custodial responsibility.
508
00:23:56,400 --> 00:23:58,437
And where are the parents?
509
00:23:58,936 --> 00:24:00,882
Sounds like a good
campaign issue, Adam.
510
00:24:00,938 --> 00:24:04,818
Sounds like a snake pit to me.
What are you planning to do?
511
00:24:05,309 --> 00:24:07,084
Charge the boys with rape.
512
00:24:07,144 --> 00:24:10,785
We made a deal with the girl who pimped
for them in exchange for her testimony.
513
00:24:10,848 --> 00:24:12,327
What about the
little girl with the gun?
514
00:24:12,382 --> 00:24:13,918
ROSS: The wounded teacher's
been very understanding.
515
00:24:13,984 --> 00:24:16,658
She asked us not to land
on the girl with both feet.
516
00:24:16,720 --> 00:24:19,428
She sprayed a schoolyard
with gunfire.
517
00:24:19,490 --> 00:24:21,197
Want me to cut
the Gordian Knot?
518
00:24:21,258 --> 00:24:23,602
We were thinking more along
the lines of a tiebreaker.
519
00:24:23,660 --> 00:24:26,004
She seems unlikely to repeat her actions.
(KNOCK ON DOOR)
520
00:24:26,063 --> 00:24:28,373
ADAM: I'm not averse
to a minimal sentence.
521
00:24:28,432 --> 00:24:31,003
But she can't shoot
people without penalty.
522
00:24:32,236 --> 00:24:34,307
Offer her a year
in juvenile detention.
523
00:24:35,372 --> 00:24:38,979
The Defense is moving to suppress
Gina Bowman's testimony.
524
00:24:39,042 --> 00:24:40,077
It's hearsay.
525
00:24:40,143 --> 00:24:43,522
Since when is an admission hearsay?
They called Valerie a retard.
526
00:24:43,580 --> 00:24:46,652
Sounds like an admission against
penal interest to me, Ms. Wilderman.
527
00:24:46,717 --> 00:24:49,095
Gina Bowman would have been
charged as an accomplice,
528
00:24:49,153 --> 00:24:50,826
if she hadn't struck
a deal with the State.
529
00:24:50,887 --> 00:24:53,561
Accomplice testimony is
insufficient without corroboration.
530
00:24:53,624 --> 00:24:56,468
Her testimony doesn't establish
an element of the crime,
531
00:24:56,527 --> 00:24:58,507
it repudiates their
affirmative defense.
532
00:24:58,562 --> 00:25:00,769
Hold on. Hold on, everybody.
533
00:25:00,831 --> 00:25:03,402
Gina Bowman says the boys
called the girl a retard.
534
00:25:03,467 --> 00:25:06,311
The boys say they didn't. What does
the alleged victim say about it?
535
00:25:06,370 --> 00:25:08,475
Well, during the People's
psychiatric examination,
536
00:25:08,539 --> 00:25:11,247
she was asked if the boys
ever called her any names.
537
00:25:11,308 --> 00:25:12,378
She said, "No."
538
00:25:13,343 --> 00:25:15,653
And you have no corroboration
of Gina Bowman's statement?
539
00:25:15,712 --> 00:25:18,158
No independent proof the boys
knew the girl's mental state?
540
00:25:18,215 --> 00:25:19,216
We don't need it!
541
00:25:19,283 --> 00:25:22,196
The burden is on the Defense to
prove the defendants didn't know.
542
00:25:22,252 --> 00:25:24,858
Don't tell me my job, Ms. Ross.
The statement is out.
543
00:25:24,922 --> 00:25:27,266
Let's just throw out the rules
of evidence along with it!
544
00:25:27,324 --> 00:25:29,361
Counselor, watch yourself.
545
00:25:35,266 --> 00:25:39,510
She has a birth defect that retards
natural intellectual development.
546
00:25:40,271 --> 00:25:42,615
Valerie Maxwell
is 18 years old.
547
00:25:43,307 --> 00:25:45,753
What would you say is
her intellectual age?
548
00:25:45,810 --> 00:25:47,812
Equivalent to a child of 12.
549
00:25:48,446 --> 00:25:50,983
According to the
adaptive behavior scale,
550
00:25:51,048 --> 00:25:53,528
her social skills are
those of a 10-year-old.
551
00:25:53,584 --> 00:25:58,226
Could you give us your medical opinion
of her decision-making ability?
552
00:25:58,289 --> 00:25:59,859
DR. SKODA:
She showed no ability
553
00:25:59,924 --> 00:26:02,734
to balance pros and cons
and apply her own values.
554
00:26:03,461 --> 00:26:07,466
Quite simply, she's incapable
of making an informed decision
555
00:26:07,531 --> 00:26:09,010
to engage in sexual activity.
556
00:26:16,507 --> 00:26:19,249
Are you familiar with the
term "mainstreaming," Doctor?
557
00:26:19,310 --> 00:26:20,584
Yes. In Valerie's case,
558
00:26:20,644 --> 00:26:24,148
it's an attempt to integrate
someone with a mental disability
559
00:26:24,215 --> 00:26:26,695
into what we would
consider normal life
560
00:26:26,751 --> 00:26:28,594
by having her
attend a regular school.
561
00:26:28,919 --> 00:26:32,128
But she ate lunch in a room
away from the other kids?
562
00:26:32,189 --> 00:26:34,169
No, I don't believe she did.
563
00:26:34,658 --> 00:26:35,728
Oh.
564
00:26:35,793 --> 00:26:38,364
They had a special bus come
and pick her up every day,
565
00:26:38,429 --> 00:26:39,806
did they?
No.
566
00:26:39,864 --> 00:26:42,777
So I assume
the school made her wear
567
00:26:42,833 --> 00:26:46,178
some kind of scarlet "D" for
disabled on her dress each day?
568
00:26:46,237 --> 00:26:47,807
No. Of course not.
569
00:26:47,872 --> 00:26:51,513
So if one could see Valerie riding the
same bus with all the other kids,
570
00:26:51,575 --> 00:26:53,054
eating the same lunches,
571
00:26:53,110 --> 00:26:55,488
one could actually think she was
just like all the other kids,
572
00:26:55,546 --> 00:26:56,820
isn't that right, Doctor?
573
00:26:56,881 --> 00:26:58,622
They might, until they
actually talked to her.
574
00:26:58,682 --> 00:27:00,161
I don't think
Valerie and these boys
575
00:27:00,217 --> 00:27:02,697
were in the music room
for conversation.
576
00:27:02,753 --> 00:27:04,426
No more questions.
577
00:27:05,055 --> 00:27:07,695
Hayden told me to
take off my clothes.
578
00:27:10,127 --> 00:27:12,107
JACK: And what did you do?
579
00:27:12,163 --> 00:27:13,301
I laughed.
580
00:27:16,300 --> 00:27:18,075
Why did you laugh, Valerie?
581
00:27:18,469 --> 00:27:21,712
Because Randy and
Roscoe were laughing.
582
00:27:22,673 --> 00:27:24,914
Someone must have told a joke.
583
00:27:28,546 --> 00:27:30,219
Did you take your clothes off?
584
00:27:31,715 --> 00:27:32,785
Yes.
585
00:27:34,118 --> 00:27:38,157
And then Randy laid down on top
of me and started bouncing.
586
00:27:39,757 --> 00:27:41,293
What was he doing?
587
00:27:44,395 --> 00:27:45,533
Mmm...
588
00:27:47,031 --> 00:27:49,568
He went inside me with
his penis,
589
00:27:50,034 --> 00:27:53,641
and then Hayden and
Roscoe, they did it too.
590
00:27:54,672 --> 00:27:56,709
Did they do anything else?
591
00:27:59,810 --> 00:28:02,381
They gave me
a bottle of cream soda.
592
00:28:02,446 --> 00:28:03,948
Did you drink it?
593
00:28:04,014 --> 00:28:05,049
Yeah.
594
00:28:07,618 --> 00:28:10,326
(SIGHING) Did they do
anything else?
595
00:28:15,559 --> 00:28:17,766
They put it inside me, too.
596
00:28:18,128 --> 00:28:20,472
Did they laugh about that, too?
597
00:28:20,531 --> 00:28:21,566
Yes.
598
00:28:22,933 --> 00:28:26,039
Before they left,
did they say anything to you?
599
00:28:30,207 --> 00:28:33,381
They told me I shouldn't
say anything to anybody.
600
00:28:34,011 --> 00:28:35,285
Sorry.
601
00:28:43,254 --> 00:28:44,756
PAINTER: Did you
enjoy it, Valerie?
602
00:28:44,822 --> 00:28:45,892
Your Honor...
603
00:28:46,256 --> 00:28:48,031
Sit down, Mr. McCoy.
604
00:28:48,993 --> 00:28:51,337
Answer the question,
young lady.
605
00:28:55,399 --> 00:28:57,379
It made me feel pretty.
606
00:28:59,303 --> 00:29:02,011
When you went into the music
room, what were you wearing?
607
00:29:02,072 --> 00:29:03,847
Objection.
Approach, Your Honor?
608
00:29:07,611 --> 00:29:11,388
CPL 60-48, the victim's manner
of dress is inadmissible.
609
00:29:11,448 --> 00:29:15,396
Her awareness of her sexuality and how others
perceived her is central to this case.
610
00:29:15,452 --> 00:29:18,262
Given the circumstances,
Mr. McCoy, it's relevant.
611
00:29:19,723 --> 00:29:21,725
I'm giving notice
of intent to appeal.
612
00:29:21,792 --> 00:29:24,136
Appeal all you want.
Step back.
613
00:29:29,633 --> 00:29:31,078
What were you wearing, Valerie?
614
00:29:32,369 --> 00:29:36,442
I was... I was wearing
a white cut off T-shirt,
615
00:29:36,907 --> 00:29:40,377
you know,
it showed off my tummy.
616
00:29:41,178 --> 00:29:42,714
I have a flat tummy.
617
00:29:43,814 --> 00:29:45,987
And a black mini-skirt.
618
00:29:47,651 --> 00:29:50,291
That's not what you wore
to school though, is it?
619
00:29:50,487 --> 00:29:53,093
No. I got changed
in the girls' room.
620
00:29:54,325 --> 00:29:57,329
My dad makes me wear
boring clothes to school.
621
00:29:57,928 --> 00:29:59,999
But that's not what boys like.
622
00:30:00,164 --> 00:30:03,577
You're curious about boys and
sex, aren't you, Valerie?
623
00:30:06,070 --> 00:30:08,311
I think about it all the time.
624
00:30:09,740 --> 00:30:12,152
What do you do
when you think about it?
625
00:30:15,512 --> 00:30:19,255
I get excited. A lot.
626
00:30:25,289 --> 00:30:28,463
HAYDEN: I know it was
wrong what we did,
627
00:30:28,525 --> 00:30:31,301
but we really didn't know
she wasn't, you know, normal.
628
00:30:31,362 --> 00:30:34,900
How did it come about that you
had sex with Valerie Maxwell?
629
00:30:34,965 --> 00:30:37,536
Well, a friend of ours,
Gina, told us that,
630
00:30:37,601 --> 00:30:39,478
you know, Valerie
wanted to have sex.
631
00:30:39,536 --> 00:30:43,541
And once in the music room, did
Ms. Maxwell object to having sex?
632
00:30:43,774 --> 00:30:47,153
(SCOFFS) No, sir. Like
I said, she asked us for it.
633
00:30:47,411 --> 00:30:48,583
Mmm-hmm.
634
00:30:51,215 --> 00:30:54,094
So you talked to Valerie prior
to having sex with her?
635
00:30:54,852 --> 00:30:56,092
A little bit.
636
00:30:56,153 --> 00:31:01,296
Did you notice that she had any peculiar
mannerisms or patterns of speech?
637
00:31:02,426 --> 00:31:03,564
Yeah. Sure.
But, I mean,
638
00:31:03,627 --> 00:31:05,504
a lot of kids in our school
are dopeheads, you know.
639
00:31:05,562 --> 00:31:07,007
They all sound kind of goofy.
640
00:31:07,064 --> 00:31:09,271
If she was just another girl,
641
00:31:10,734 --> 00:31:13,681
why did you instruct her
not to tell anybody?
642
00:31:15,205 --> 00:31:18,209
Well, because we didn't want to get
suspended for having sex in school.
643
00:31:19,243 --> 00:31:23,089
First of all, didn't you tell the police
that you didn't mind being suspended?
644
00:31:24,448 --> 00:31:25,449
Yes.
645
00:31:25,983 --> 00:31:28,691
And didn't you tell dozens of
people about your other girls?
646
00:31:32,990 --> 00:31:33,991
Yeah.
647
00:31:34,058 --> 00:31:37,870
So why didn't you want the world
to know about this conquest?
648
00:31:38,729 --> 00:31:43,371
Is it because you knew that
you had crossed the fine line
649
00:31:43,434 --> 00:31:45,641
between stud and rapist?
650
00:31:46,003 --> 00:31:47,004
(SCOFFS) No!
651
00:31:47,071 --> 00:31:49,881
Did you have a belated attack
of shame, Mr. McLaughlin?
652
00:31:50,274 --> 00:31:51,548
Were you suddenly sorry
653
00:31:51,608 --> 00:31:54,748
that you had taken advantage of
a girl you knew was retarded?
654
00:31:54,811 --> 00:31:56,154
Objection.
655
00:31:59,183 --> 00:32:00,287
Nothing further.
656
00:32:07,357 --> 00:32:08,836
Have you reached a verdict?
657
00:32:08,892 --> 00:32:10,565
We have, Your Honor.
658
00:32:10,627 --> 00:32:12,038
The defendants
will please stand.
659
00:32:15,432 --> 00:32:17,639
In the matter of The People v.
Hayden McLaughlin,
660
00:32:17,701 --> 00:32:20,648
on the count of rape in the
third degree, how do you find?
661
00:32:20,704 --> 00:32:23,014
FOREMAN: We find
the defendant guilty.
662
00:32:23,073 --> 00:32:25,144
In the matter of The People v.
Randall Baxter,
663
00:32:25,209 --> 00:32:27,780
on the count of rape in the
third degree, how do you find?
664
00:32:27,845 --> 00:32:30,451
We find the defendant guilty.
665
00:32:30,514 --> 00:32:32,926
And in the matter of The People v.
Roscoe Johnson
666
00:32:32,983 --> 00:32:35,520
on the count of rape in the
third degree, how do you find?
667
00:32:36,053 --> 00:32:37,555
We find the defendant guilty.
668
00:32:39,756 --> 00:32:43,226
And thank you, ladies and
gentlemen, you are dismissed.
669
00:32:49,366 --> 00:32:51,368
Any motions, Mr. Painter?
670
00:32:52,136 --> 00:32:53,809
Excuse me, Your Honor?
671
00:32:55,606 --> 00:32:57,779
Does the Defense
wish to make a motion?
672
00:33:01,111 --> 00:33:05,321
CPL 290.10, the Defense moves to
set aside the jury's verdict.
673
00:33:05,382 --> 00:33:07,362
Objection. The prosecution
proved its case!
674
00:33:07,417 --> 00:33:09,522
What case, Mr. McCoy?
675
00:33:10,020 --> 00:33:13,024
Have we gone so far down the
road of political correctness
676
00:33:13,090 --> 00:33:17,004
that sex between willing
partners is now called rape?
677
00:33:17,060 --> 00:33:18,164
The girl said yes.
678
00:33:18,228 --> 00:33:19,866
She has the mind of a child!
679
00:33:19,930 --> 00:33:24,242
Well, she's mature enough to be plenty
intrigued by her own sexuality.
680
00:33:25,102 --> 00:33:27,810
Face it, Counselor, she
had the time of her life.
681
00:33:27,871 --> 00:33:29,350
Case dismissed.
682
00:33:41,351 --> 00:33:44,332
Your Honor, we've had 16 votes.
683
00:33:44,388 --> 00:33:47,597
We're deadlocked and we're not
gonna come up with a verdict.
684
00:33:48,725 --> 00:33:50,602
LANGLOIS: Very well.
Now you can sit down.
685
00:33:52,329 --> 00:33:55,503
I have no choice here
but to declare a mistrial.
686
00:33:56,200 --> 00:34:00,273
The jury is dismissed with
our thanks. Bail is continued.
687
00:34:00,337 --> 00:34:03,648
Counsel, meet at the earliest
to set a new trial date.
688
00:34:03,707 --> 00:34:04,845
(GAVEL POUNDS)
689
00:34:07,010 --> 00:34:08,887
Nice going, Counselor.
690
00:34:14,551 --> 00:34:16,155
Are you appealing the ruling?
691
00:34:16,219 --> 00:34:18,790
What the hell was
Judge Wright thinking?
692
00:34:18,855 --> 00:34:21,734
He hasn't had a thought since
the Carter Administration.
693
00:34:21,792 --> 00:34:22,827
Doesn't have to.
694
00:34:22,893 --> 00:34:25,464
He's a judge.
He's within his rights.
695
00:34:25,529 --> 00:34:27,406
I'll have a notice of
appeal ready on Monday.
696
00:34:27,464 --> 00:34:30,104
By the time the Appellate
Division puts its mind to this,
697
00:34:30,167 --> 00:34:32,204
those boys will be
in graduate school.
698
00:34:32,269 --> 00:34:34,909
Judge Wright might've
committed reversible error.
699
00:34:34,971 --> 00:34:38,248
In the meantime, the boys
are free to ply their trade
700
00:34:38,308 --> 00:34:40,310
and this moron is still
sitting on the bench.
701
00:34:40,377 --> 00:34:42,186
Stop ranting
702
00:34:42,245 --> 00:34:46,716
and find hard evidence that the boys
knew that the girl was retarded.
703
00:34:47,150 --> 00:34:50,791
Spoon feed this to Judge
Wright, make him gag on it.
704
00:34:51,321 --> 00:34:52,959
Bow tie straight?
705
00:34:54,591 --> 00:34:57,765
Oh! Should I offer my
best wishes, Ms. Ross?
706
00:34:57,828 --> 00:34:58,898
Thank you.
707
00:35:01,131 --> 00:35:02,542
Fundraisers.
708
00:35:03,600 --> 00:35:04,943
David proposed last night.
709
00:35:05,002 --> 00:35:06,276
Set a date?
710
00:35:06,336 --> 00:35:07,576
Not yet.
711
00:35:08,038 --> 00:35:10,541
What rock are we gonna turn
over to find new evidence?
712
00:35:12,576 --> 00:35:14,954
I told you, I don't know
how Roscoe knew Valerie.
713
00:35:15,012 --> 00:35:17,618
The deal we made with you is out the
window if you don't tell the truth.
714
00:35:17,681 --> 00:35:18,955
It is the truth.
715
00:35:19,016 --> 00:35:21,223
All I know is
Roscoe said he knew her.
716
00:35:21,785 --> 00:35:24,391
I didn't know they were going
to be mean to Valerie.
717
00:35:25,556 --> 00:35:27,797
I just wanted them to like me.
718
00:35:29,660 --> 00:35:31,003
I wish Sally'd shot them all.
719
00:35:31,061 --> 00:35:32,904
Did you know Sally had a gun?
720
00:35:33,830 --> 00:35:34,831
Yes.
721
00:35:34,898 --> 00:35:36,309
When did you find out?
722
00:35:36,366 --> 00:35:37,709
The day before
she shot at them.
723
00:35:37,768 --> 00:35:39,441
I heard she got it from
her father's restaurant.
724
00:35:39,503 --> 00:35:41,380
Did you tell the boys?
725
00:35:43,006 --> 00:35:44,110
Gina?
726
00:35:45,876 --> 00:35:48,083
I just told them they'd
better watch out for her.
727
00:35:48,145 --> 00:35:49,749
What did they say?
728
00:35:51,081 --> 00:35:54,528
Randy just said he wasn't gonna
back down from any punk bitch.
729
00:35:57,420 --> 00:36:01,061
Remember the principal who got
shot in the Red Hook Projects?
730
00:36:01,124 --> 00:36:03,263
Caught in crossfire
People v. Russell.
731
00:36:03,326 --> 00:36:05,067
The Russell court
ruled that anybody
732
00:36:05,128 --> 00:36:06,835
who recklessly creates
a zone of danger
733
00:36:06,896 --> 00:36:08,534
is responsible for the results.
734
00:36:08,598 --> 00:36:10,737
Specifically,
harming innocent bystanders.
735
00:36:10,800 --> 00:36:14,509
But the court also said there's no
liability for responding to an ambush,
736
00:36:14,571 --> 00:36:16,482
which is what Randy
Baxter was doing.
737
00:36:16,539 --> 00:36:18,576
Randy told Gina
he wouldn't back down.
738
00:36:18,641 --> 00:36:20,348
He helped create
the zone of danger.
739
00:36:20,410 --> 00:36:22,890
We can charge all three of
them with attempted murder.
740
00:36:22,946 --> 00:36:25,392
It won't fly. It's
too big a stretch.
741
00:36:25,448 --> 00:36:27,758
I wasn't thinking of
going to trial with it.
742
00:36:28,585 --> 00:36:31,589
We could use it as a club.
All right.
743
00:36:32,355 --> 00:36:35,268
Charge them all. And
lean on the weak link.
744
00:36:35,725 --> 00:36:38,569
You know this isn't attempted murder.
You're just bullying the boy.
745
00:36:38,628 --> 00:36:40,301
I'm going ahead
with this, Counselor.
746
00:36:40,363 --> 00:36:42,639
Minimum mercy.
Maximum sentence.
747
00:36:42,699 --> 00:36:44,872
Sally fired first. She says
different, she's a liar.
748
00:36:44,934 --> 00:36:46,174
Shut up.
749
00:36:47,437 --> 00:36:49,644
Sally Maxwell
created the zone of danger.
750
00:36:49,706 --> 00:36:51,481
Randy Baxter
responded to an ambush.
751
00:36:51,541 --> 00:36:53,384
Why the hell are you charging
my client with anything?
752
00:36:53,443 --> 00:36:56,754
I'm charging all three. First
one who folds, gets a walk.
753
00:36:56,813 --> 00:36:58,952
You know what you'll do
for attempted murder, Roscoe?
754
00:36:59,015 --> 00:37:00,119
Fifteen-to-life.
755
00:37:00,183 --> 00:37:03,494
I'm offering one year for sexual
abuse in the second degree.
756
00:37:03,553 --> 00:37:07,091
If he testifies that he and his pals knew
Valerie's condition prior to raping her.
757
00:37:07,157 --> 00:37:10,604
You can't push Russell this far.
No court will buy it.
758
00:37:11,261 --> 00:37:13,605
Do you want to take
that chance, Roscoe?
759
00:37:13,663 --> 00:37:17,372
One year now guaranteed for
possibly the rest of your life?
760
00:37:20,737 --> 00:37:22,910
The only ones who could say
what the truth was,
761
00:37:22,972 --> 00:37:25,851
were the 12 citizens impaneled
to hear the evidence.
762
00:37:25,909 --> 00:37:28,389
The jury made a mistake His
Honor just set things right.
763
00:37:28,444 --> 00:37:29,548
Even accepting that,
764
00:37:29,612 --> 00:37:32,252
Mr. Johnson was not prepared
to testify at that time.
765
00:37:32,315 --> 00:37:35,524
He has now sworn that his co-defendants
knew Valerie was retarded.
766
00:37:35,585 --> 00:37:36,586
Another accessory.
767
00:37:36,653 --> 00:37:39,896
Your Honor, you can't permit a wholesale
substitution of accomplice testimony.
768
00:37:39,956 --> 00:37:43,927
Roscoe Johnson establishes an independent
source for Gina Bowman's statement.
769
00:37:44,060 --> 00:37:45,733
Your Honor...
Enough.
770
00:37:45,795 --> 00:37:47,866
I want to hear it
from the horse's mouth.
771
00:37:47,931 --> 00:37:50,707
Have Roscoe Johnson in my courtroom
first thing in the morning.
772
00:37:50,767 --> 00:37:54,078
Then at least give me the opportunity
to re-examine Valerie Maxwell.
773
00:37:54,904 --> 00:37:56,315
Fair enough.
774
00:38:00,043 --> 00:38:04,185
I'd go to her dad's restaurant sometimes.
I saw her waiting tables.
775
00:38:04,614 --> 00:38:07,652
JACK: Did the conversation ever
extend to more than your order?
776
00:38:07,717 --> 00:38:11,688
She's cute so I'd try to talk
to her but it's kinda hard.
777
00:38:12,322 --> 00:38:13,528
How so?
778
00:38:14,357 --> 00:38:18,066
Well, at first, I don't know, you think,
she's pulling your leg or something,
779
00:38:18,127 --> 00:38:20,937
acting like she's
some kinda little girl.
780
00:38:21,698 --> 00:38:24,304
Then you realize
she's being serious.
781
00:38:24,767 --> 00:38:26,906
So you knew
she was mentally disabled?
782
00:38:26,970 --> 00:38:28,108
Yeah.
783
00:38:29,038 --> 00:38:31,575
She told me she was in
those special-ed classes.
784
00:38:31,641 --> 00:38:33,382
It was pretty obvious anyway.
785
00:38:33,443 --> 00:38:36,390
What happened when you
met her again in school?
786
00:38:36,446 --> 00:38:39,450
Gina brought her in
and I said, "Hi, Valerie."
787
00:38:39,882 --> 00:38:42,123
She didn't recognize me.
788
00:38:42,185 --> 00:38:45,928
Hayden asked me if I know her
how come she doesn't know me?
789
00:38:45,989 --> 00:38:50,438
And that's when I told him and Randy
about her being retarded and all.
790
00:38:50,727 --> 00:38:52,331
How did they respond?
791
00:38:54,330 --> 00:38:55,809
They laughed.
792
00:38:56,332 --> 00:38:59,279
Hayden, told her "It'd
be cool doing a retard."
793
00:39:04,240 --> 00:39:07,050
PAINTER: Did any of the
boys ever make fun of you?
794
00:39:10,213 --> 00:39:14,025
Dr. Skoda asked you if they ever
called you names, didn't he?
795
00:39:16,319 --> 00:39:18,765
I told him friends don't
do that to each other.
796
00:39:19,522 --> 00:39:23,334
Right. You told him these boys
are your friends, am I right?
797
00:39:24,894 --> 00:39:26,168
Yes.
798
00:39:26,229 --> 00:39:28,334
Did they call you a retard?
799
00:39:32,001 --> 00:39:33,173
No.
800
00:39:34,904 --> 00:39:36,645
Thank you, Valerie.
801
00:39:42,445 --> 00:39:48,418
Valerie, before you came in here
today, Roscoe Johnson was here.
802
00:39:50,320 --> 00:39:54,928
Would it surprise you that he said
Hayden did call you a retard?
803
00:39:59,862 --> 00:40:01,671
Roscoe said that?
804
00:40:03,166 --> 00:40:04,702
Was he lying?
805
00:40:06,669 --> 00:40:07,909
No.
806
00:40:09,105 --> 00:40:10,641
What did he call you?
807
00:40:15,211 --> 00:40:18,590
It's very important that you
tell the truth, Valerie.
808
00:40:19,816 --> 00:40:21,762
Hayden called me a retard!
809
00:40:26,389 --> 00:40:27,732
Thank you.
810
00:40:29,025 --> 00:40:31,232
But I told them that I'm not.
811
00:40:32,495 --> 00:40:34,702
I'm just like everybody else.
812
00:40:35,498 --> 00:40:37,500
But Hayden said you were.
813
00:40:38,101 --> 00:40:39,580
He called you that name.
814
00:40:40,603 --> 00:40:42,810
And that's what matters here.
815
00:40:44,140 --> 00:40:45,448
Thank you, Valerie.
816
00:40:45,842 --> 00:40:47,719
But he didn't mean it.
817
00:40:49,679 --> 00:40:50,919
He likes me.
818
00:40:53,316 --> 00:40:54,852
I'm finished with the witness.
819
00:40:54,917 --> 00:40:58,387
No. Apparently, she's not
finished with you, Mr. McCoy.
820
00:40:59,989 --> 00:41:04,096
Now, Valerie, Hayden
called you a retard
821
00:41:04,761 --> 00:41:07,935
and you told him you
weren't, is that right?
822
00:41:07,997 --> 00:41:09,101
VALERIE: Yes, sir.
823
00:41:09,165 --> 00:41:13,614
And after that, did he keep
on calling you a retard?
824
00:41:15,771 --> 00:41:16,875
No.
825
00:41:19,408 --> 00:41:22,048
Did you like what
the boys did to you?
826
00:41:25,048 --> 00:41:26,857
I did what I wanted.
827
00:41:26,916 --> 00:41:29,760
Your Honor, the Defense requests
you deny the State's motion
828
00:41:29,819 --> 00:41:31,492
to reverse your prior ruling.
829
00:41:31,554 --> 00:41:32,555
Granted.
830
00:41:32,622 --> 00:41:33,794
You set aside
the jury's verdict
831
00:41:33,856 --> 00:41:35,893
because you unfairly
held the State responsible
832
00:41:35,958 --> 00:41:37,369
for proving the
boys prior knowledge.
833
00:41:37,427 --> 00:41:40,033
The State has now done
so and you still refuse?
834
00:41:40,096 --> 00:41:41,575
Mr. McCoy, it's over.
835
00:41:41,631 --> 00:41:43,702
There is no case here.
There never was.
836
00:41:43,766 --> 00:41:45,006
How would you know?
837
00:41:45,067 --> 00:41:47,445
You made up your mind before you
heard the first word of testimony!
838
00:41:47,503 --> 00:41:48,777
You're on thin ice, Counselor!
839
00:41:48,838 --> 00:41:50,044
The Defense request is granted.
840
00:41:50,106 --> 00:41:51,642
The State's motion is denied!
841
00:41:51,707 --> 00:41:53,687
You want to appeal?
Be my guest!
842
00:41:53,743 --> 00:41:54,881
(GAVEL POUNDS)
843
00:42:03,052 --> 00:42:05,464
I walk in the hallways
at school.
844
00:42:06,189 --> 00:42:09,466
And I hear what the other
kids are saying about me.
845
00:42:12,662 --> 00:42:14,664
They think I'm different.
846
00:42:17,099 --> 00:42:21,377
Well, I may not be smart, but
I'm just like everybody else.
847
00:42:24,841 --> 00:42:29,449
See, sometimes I see a boy
848
00:42:30,880 --> 00:42:32,917
and I want to talk to him.
849
00:42:35,117 --> 00:42:38,121
But I get nervous
850
00:42:38,955 --> 00:42:42,232
'cause maybe he won't like me.
851
00:42:42,892 --> 00:42:45,133
Or maybe he'll make fun of me.
852
00:42:48,064 --> 00:42:52,410
But Hayden and Randy
and Roscoe, they liked me.
853
00:42:57,607 --> 00:43:00,178
But they made fun
of you, didn't they?
854
00:43:06,115 --> 00:43:09,187
I don't want to be what
they call me in school!
855
00:43:09,986 --> 00:43:11,988
The retard who got raped.
856
00:43:13,422 --> 00:43:16,562
I had sex because I wanted to.
857
00:43:20,763 --> 00:43:24,142
Valerie, could you wait
outside for a moment, hmm?
858
00:43:31,874 --> 00:43:33,046
(DOOR CLOSING)
859
00:43:33,910 --> 00:43:36,220
We still have a viable appeal,
Mr. Maxwell.
860
00:43:36,278 --> 00:43:39,350
No. I don't want you
to take this any further.
861
00:43:41,417 --> 00:43:43,727
I want her to keep her dignity.
862
00:43:55,064 --> 00:43:56,407
(SIGHING)
863
00:43:58,768 --> 00:44:00,111
She lied.
864
00:44:04,273 --> 00:44:07,686
What about the attempted murder
charges against Hayden and Randy?
865
00:44:07,743 --> 00:44:09,654
We'll never make
them stick in court.
866
00:44:12,782 --> 00:44:15,854
Let the indictment
stand anyway. Let 'em sweat.
867
00:44:25,428 --> 00:44:27,066
(OFFICERS CHATTERING ON RADIO)
868
00:44:36,839 --> 00:44:38,716
Looks like
it happened last night.
869
00:44:38,774 --> 00:44:40,913
We got a tip about an hour ago.
870
00:44:42,345 --> 00:44:45,292
All right, CSU hasn't
finished with her yet.
871
00:44:45,915 --> 00:44:47,155
Oh...
872
00:44:59,695 --> 00:45:01,231
MALLORY: She went quick.
873
00:45:02,098 --> 00:45:04,203
Two taps, back of the head.
874
00:45:08,204 --> 00:45:10,616
You did this!
You son of a bitch!
875
00:45:16,846 --> 00:45:20,259
If it's Jones, we'll get him, Lennie.
Whoever it is, we'll get him.
876
00:45:21,117 --> 00:45:22,425
(SOBBING)
877
00:45:30,826 --> 00:45:32,635
She was my baby, Rey.
878
00:45:34,196 --> 00:45:35,573
What am I gonna do?
879
00:45:35,631 --> 00:45:37,577
You're gonna come
home with me, partner.
880
00:45:43,906 --> 00:45:45,044
Oh.
68568
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