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In the criminal justice system,
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sexually based offenses are
considered especially heinous.
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In New York City, the dedicated detectives
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who investigate these vicious felonies
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are members of an elite squad
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known as the Special Victims Unit.
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These are their stories.
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Love is long suffering and kind.
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Love never rejoices at evil,
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but rejoices in the triumph of truth.
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Repeat,
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love bears with all things.
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Love bears with all things.
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Ever trustful, ever hopeful, ever patient.
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Ever trustful, ever hopeful, ever patient.
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Love never fails.
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Love never fails.
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Noah Porter, now we celebrate you,
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and we welcome you into our community.
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All say, "You are a blessed gift,
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and we give you our blessings."
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You are a blessed gift,
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and we give you our blessings.
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Noah, may the future
bring love to your heart,
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joy to your mind, and
truth from those sweet lips.
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I didn't know you were a Unitarian, Sarge.
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Oh, I'm not. I am...
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Actually, I didn't grow
up with any religion.
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I just wanted Noah to have
something that would ground him.
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Then rebel against when
he's a teenager, am I right?
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I get it. I'm Catholic.
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No kidding?
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Come on, little man. You did great.
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Michelle, I'm glad you keep
coming back to services.
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And you're working your program?
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Yeah, every day.
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I'm up to my ninth step.
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Making amends.
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To my father.
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Michelle, your father's in prison.
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- That's not your fault.
- Yes, it is.
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I lied to the police.
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It's not enough to apologize.
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I'm supposed to restore justice.
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When possible.
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Don't you know that lawyer,
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the one who gets innocent
people out of jail?
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Sound it out. It's T-H...
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- Throw.
- No, no.
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- The O-U is "ooh" here.
- Through.
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Nice, nice.
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I walk through...
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The valley of the shadow...
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Visitor's here.
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Oh, you know, just find
me later, Jose, okay?
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No, Thompson, for you.
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For me?
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Michelle?
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Why are you here?
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I brought someone to meet you.
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Bayard Ellis, Mr. Thompson.
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I work with Project Innocence.
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I told him, Daddy, the truth.
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That you never raped me.
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- Synced and corrected by martythecrazy -
- www.addic7ed.com -
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We just had a dedication ceremony.
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Such a sweet boy. He has your smile.
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If everything goes as planned,
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then the adoption will
be official in a month.
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Oh, well, congratulations, Olivia.
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Thank you.
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But I know that you
didn't invite me to dinner
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to talk about Noah, so let's have it.
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Reverend Scott asked me to look into a case
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involving a congregant, Michelle Thompson.
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Her father, Derek,
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was convicted of raping her
17 years ago when she was six.
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Convicted of raping his own daughter?
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That's a tough case for
Project Innocence to get behind.
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It is, but this case was primarily
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made on Michelle's testimony.
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Now, she's saying that she was
pressured by her mother to lie.
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She wants to recant.
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17 years after the fact.
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Oh, she tried once before as a teen.
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The original ADA and detective
argued against reopening.
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Michelle went off the deep end
after that... drugs, alcohol.
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She's recently found sobriety.
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Hold on, so her recant is
part of a 12-step program?
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That's not the most reliable
indicator of the truth.
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Believe me. I've seen that pink cloud
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"I forgive everyone" effect too.
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That's why I need you to investigate.
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Any DNA, forensics, any corroboration?
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No, only... only her testimony
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and some inconclusive medical symptoms.
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Her mother, who has her
own substance abuse history,
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made the initial 911 call.
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Did you talk to the father?
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Oh, sure, up at Green
Haven. He's a model prisoner.
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I found him credible.
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He's maintained his innocence for 17 years.
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It's hard enough to prove that
someone is innocent of a crime.
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It's harder, still, to
prove that that crime
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itself never occurred.
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So you thought of me.
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Indeed, I did.
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Bayard Ellis wants us
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to reopen a 20-year-old incest rape?
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Let him do the legwork.
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Look, he just wants us to
see if there's anything there.
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I mean, obviously, it's tough
to get a conviction reopened,
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but Bayard Ellis, the guy's a legend.
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If he thinks it's worth looking into...
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Look, I know Ellis is your friend,
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but do we really need
to work a closed case?
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Nick, this isn't out of friendship.
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And SVU didn't handle the case.
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It was the local precinct
who hated Derek Thompson,
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who really worked him over,
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and when he finally got a lawyer...
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Let me guess. First-year legal aide.
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It was worse than that: it
was some down on her luck,
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18-B rent-a-lawyer
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who could hardly pay for
her transcript copies.
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We're just gonna vet the case.
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So the lead detective was
a guy named Ted McCormack,
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and the ADA was O'Dwyer,
none of whom I've met.
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Before your time, wow.
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You missing Staten Island, Carisi?
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But there is somebody coming
back to town who was here
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when they built the place.
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Eileen's grandkids... we
spent the winter with them
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in Fort Lauderdale after the cruise.
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You know, I never thought I would say it,
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but turns out there's
more to life than NYPD.
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Oh, yeah?
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Well, the place is
falling apart without you.
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- Thanks, Nick.
- Okay, come on.
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No more chitchat. Why are we here?
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You have a victim who wants to recant?
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17 years later.
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Between her ninth step, Reverend
Curtis, and Bayard Ellis,
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she's convinced the cops
and the DA blew the case.
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It wasn't SVU.
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It was up at your old house, the 2-7,
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and we can't seem to get
in touch with this detective
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who caught the case, Ted McCormack.
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Ted McCormack.
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Yeah, well, you may have a problem.
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What, you knew McCormack?
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Unfortunately, the guy
got bounced around a lot.
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Never met a corner he didn't cut.
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Okay, any chance you remember the DA,
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O'Dwyer, Kenneth O'Dwyer?
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O'Dwyer?
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That must've been an early case of his.
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He had family connections,
got his hands dirty for a year,
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and then they bumped
him up to white collar.
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What does he say about this?
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- Haven't called him yet.
- Okay, good.
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Hold off. He rides a high horse.
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I know an old lifer back at the 2-7.
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If I buy him lunch, he'll
dish like a Gossip Girl.
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My mama was out.
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She was drinking and drugging,
and my dad came home from work,
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saw me and my baby brother making a mess.
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I tried to make hot dogs and burned myself.
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- He got angry.
- At you?
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You shouldn't have been cooking at six.
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Well, that's what my dad said.
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My brother was crying. He was hungry.
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Well, you tried.
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And Daddy asked where
Mama was, if she was...
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if she was drinking, and he put us to bed.
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When she got home, they
started screaming at each other.
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I was crying, so Mama came in.
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I told her my hand got burnt,
and she looked at me strange
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and said, "What did your daddy do to you?"
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Do you remember how you responded?
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Yeah.
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I did not want her to be mad at me,
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so I said it was daddy's fault,
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and she kept asking questions.
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What else did he do? Did
he touch me down there?
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And every time I said
no, she got angry, so...
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so I finally said yes.
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The next morning, my daddy went to work.
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She called the police.
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Okay, so you're saying
that your father never
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touched you at all that night.
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No, he yelled and scared me, but no.
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Okay, Michelle, you repeated the story
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to the detective, the DA, to the jury.
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Yeah, my mama said I had to keep saying it,
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or people would be mad at me for lying.
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Look, I just wanted everyone to be quiet.
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Nothing happened that night.
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I swear.
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That man's a curse.
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- Is he dead?
- He's not dead, ma'am.
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Maybe we could come up. We
could ask you some questions.
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I'm not letting no police up in my house.
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What is this? He's not getting out, is he?
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- We're looking into the case.
- He put you up to that?
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No, actually, your daughter Michelle did.
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What is it this week? She found Jesus?
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She finished looking for the truth
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down at the bottom of that bottle?
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You know, you wait a week,
she'll change her mind.
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She and her brother are both messed up
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because of their father.
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I'm done talking.
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I'm late for work.
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She's right back in that
apartment, 17 years ago.
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00:10:17,531 --> 00:10:18,306
Yeah.
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00:10:18,331 --> 00:10:20,819
She's holding on so tight
to the story she told then.
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00:10:20,844 --> 00:10:21,835
It's almost like she has to.
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00:10:21,860 --> 00:10:24,249
Well, this is why I don't
like reopening cases.
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It's tough enough to
figure out at the time.
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All these years later?
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How are we ever gonna know?
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00:10:31,889 --> 00:10:34,231
_
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00:10:34,256 --> 00:10:36,191
I never touched my little girl.
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00:10:36,684 --> 00:10:40,091
My wife lied, and she made Michelle lie.
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00:10:40,116 --> 00:10:42,450
There a reason your wife would
do that to you, Mr. Thompson?
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00:10:42,475 --> 00:10:44,866
You know, Audrey was an addict back then.
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00:10:44,891 --> 00:10:48,026
She used to come home with
this wild look in her eye.
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00:10:48,051 --> 00:10:49,475
It was dangerous.
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00:10:49,500 --> 00:10:51,827
But most of the time, I
knew to keep out of her way.
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00:10:51,852 --> 00:10:52,928
But not that night.
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00:10:52,953 --> 00:10:54,987
No, she left the kids alone.
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00:10:55,410 --> 00:10:57,177
They could've burned the house down.
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00:10:57,202 --> 00:10:59,717
All right, so you're saying
your wife made up a story
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about you raping Michelle,
convinced her to lie,
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00:11:01,768 --> 00:11:04,236
and had you put in prison
because of a marital fight?
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Don't you think I've been asking myself
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00:11:05,836 --> 00:11:07,411
that for the last 17 years?
239
00:11:07,436 --> 00:11:08,381
Yeah, it's time enough to make up
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00:11:08,406 --> 00:11:09,834
a lot of excuses for yourself.
241
00:11:09,860 --> 00:11:11,335
Yeah, but there was no evidence.
242
00:11:11,360 --> 00:11:12,937
There were bruises. She was crying.
243
00:11:12,961 --> 00:11:14,636
Not because of me.
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00:11:15,774 --> 00:11:17,835
Well, the police asked why there was semen
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00:11:17,860 --> 00:11:18,874
on your daughter's pajamas.
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00:11:18,899 --> 00:11:20,187
You said your wife had planted it.
247
00:11:20,211 --> 00:11:22,092
- There was no semen.
- Exactly.
248
00:11:22,117 --> 00:11:24,991
If you were innocent, why
didn't you just say that?
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00:11:25,764 --> 00:11:27,991
Because the police tricked me,
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00:11:28,467 --> 00:11:30,413
like you're trying to trick me right now.
251
00:11:30,438 --> 00:11:32,265
We're not trying to trick you.
252
00:11:32,290 --> 00:11:34,591
We just want to know
your side of the story.
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00:11:34,616 --> 00:11:38,063
You know, I've kept my
back to the wall in here.
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00:11:38,570 --> 00:11:40,771
I've tried to be a good father.
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00:11:40,796 --> 00:11:41,664
How so?
256
00:11:41,841 --> 00:11:44,643
'Cause I write to Will
and Michelle every week,
257
00:11:44,819 --> 00:11:47,964
and I tell them that I love them.
258
00:11:49,150 --> 00:11:51,451
Their mother, Audrey, she's
never been there for them, man.
259
00:11:51,476 --> 00:11:53,664
I'm still their father.
260
00:11:54,503 --> 00:11:56,837
My daughter has admitted
261
00:11:56,862 --> 00:12:00,263
that this whole story was made up.
262
00:12:01,765 --> 00:12:03,998
Now, what more do I have to do?
263
00:12:11,594 --> 00:12:13,920
It's a real honor to meet
you, Counselor Ellis, sir.
264
00:12:13,945 --> 00:12:15,717
- Call me Bayard.
- Okay, wow.
265
00:12:15,742 --> 00:12:19,083
Okay, Carisi, about the
meeting with Derek Thompson?
266
00:12:19,108 --> 00:12:20,976
Right, right, he maintains his innocence,
267
00:12:21,010 --> 00:12:22,139
which is to be expected,
268
00:12:22,164 --> 00:12:24,100
but his version of that night
does match up with Michelle's.
269
00:12:24,125 --> 00:12:25,905
- And she seemed credible.
- Yeah.
270
00:12:25,930 --> 00:12:27,944
We're gonna need more than that
to convince the judge to reopen.
271
00:12:27,969 --> 00:12:29,269
The Detective on the case,
272
00:12:29,294 --> 00:12:30,995
Ted McCormack, has retired to Florida.
273
00:12:31,020 --> 00:12:33,600
I've left more than a few
messages, but no call back yet.
274
00:12:33,625 --> 00:12:35,459
Look who I picked up on the street.
275
00:12:35,484 --> 00:12:38,264
- Captain.
- Amanda, it's good to see you.
276
00:12:38,289 --> 00:12:40,444
So Captain Cragen, Councilor Ellis.
277
00:12:40,469 --> 00:12:41,592
You two remember each other.
278
00:12:41,617 --> 00:12:43,006
And this is Carisi.
279
00:12:43,031 --> 00:12:45,065
- Call me Sonny.
- No one else does.
280
00:12:45,090 --> 00:12:47,559
Captain Cragen has some
contacts up at the 2-7.
281
00:12:47,584 --> 00:12:49,506
I asked him to look into this.
282
00:12:49,531 --> 00:12:50,952
And you found something?
283
00:12:50,977 --> 00:12:53,921
No, I didn't, and I'm not showing you this,
284
00:12:53,946 --> 00:12:56,548
but it is addressed to Detective McCormack
285
00:12:56,573 --> 00:12:58,207
and ADA O'Dwyer.
286
00:12:58,232 --> 00:13:01,101
So if you were to
request it from his office
287
00:13:01,126 --> 00:13:03,695
because maybe you saw it
in a precinct evidence log,
288
00:13:03,720 --> 00:13:05,021
he would have to produce it.
289
00:13:05,046 --> 00:13:07,389
And what is this that
you're not showing us?
290
00:13:07,414 --> 00:13:09,489
A letter Michelle's
first grade teacher wrote.
291
00:13:09,514 --> 00:13:11,303
It says Michelle came to her crying
292
00:13:11,328 --> 00:13:13,006
because her mother made
her lie to the police.
293
00:13:13,031 --> 00:13:15,074
And this letter was sent
before the trial started?
294
00:13:15,099 --> 00:13:16,702
Counselor, if I may,
295
00:13:16,727 --> 00:13:20,005
if we can prove that the DA
had this potentially exculpatory
296
00:13:20,030 --> 00:13:21,647
evidence and didn't
share it with the defense,
297
00:13:21,672 --> 00:13:22,764
that's a slam dunk, right?
298
00:13:22,789 --> 00:13:25,758
Now, just hold your horses there, Sonny.
299
00:13:25,783 --> 00:13:28,351
It's possible O'Dwyer
did forward the letter.
300
00:13:28,376 --> 00:13:30,310
And Thompson's defense just didn't use it?
301
00:13:30,335 --> 00:13:32,147
Come on. This is awesome.
302
00:13:32,172 --> 00:13:35,514
This means justice delayed does
not have to mean justice denied.
303
00:13:35,925 --> 00:13:39,313
So you're new here.
304
00:13:40,491 --> 00:13:42,604
_
305
00:13:42,629 --> 00:13:44,597
Tamsin, thank you.
306
00:13:44,622 --> 00:13:45,822
This won't take long.
307
00:13:45,847 --> 00:13:48,045
Bayard Ellis, how's life in Brooklyn?
308
00:13:48,070 --> 00:13:49,270
Nice to see you, Counselor.
309
00:13:49,423 --> 00:13:51,053
This is Sergeant Benson.
310
00:13:51,078 --> 00:13:53,546
- I've heard good things.
- Well, then we're even.
311
00:13:53,571 --> 00:13:55,217
The Thompson case.
312
00:13:55,242 --> 00:13:56,910
My first win as lead prosecutor.
313
00:13:56,935 --> 00:13:59,637
The jury deliberated for half an hour,
314
00:13:59,662 --> 00:14:01,817
found him guilty on all
charges, open and shut.
315
00:14:01,842 --> 00:14:05,044
Oh, you know me, Kenneth.
Absolutes give me hives.
316
00:14:05,193 --> 00:14:06,912
The jury believed the victim.
317
00:14:06,937 --> 00:14:08,819
I would think that would
give you comfort, Sergeant.
318
00:14:08,844 --> 00:14:11,312
Usually, it does, but
the girl is now claiming
319
00:14:11,337 --> 00:14:14,147
that she was forced to lie by her mother.
320
00:14:14,172 --> 00:14:15,585
Again?
321
00:14:15,610 --> 00:14:17,679
So you knew that she had recanted before?
322
00:14:17,704 --> 00:14:19,366
As a teenager, she came to the police.
323
00:14:19,391 --> 00:14:21,481
She said she was sorry.
324
00:14:21,506 --> 00:14:23,266
The detective thought she
might've been on drugs.
325
00:14:23,291 --> 00:14:24,466
He didn't find her credible.
326
00:14:24,491 --> 00:14:27,100
But Michelle also told
her first grade teacher
327
00:14:27,125 --> 00:14:29,401
that she lied, and that
was before the trial.
328
00:14:29,426 --> 00:14:30,901
Now, the teacher wrote a letter
329
00:14:30,926 --> 00:14:33,905
to you and Detective McCormack
detailing the disclosure.
330
00:14:33,930 --> 00:14:35,624
I don't need to tell you that such a letter
331
00:14:35,649 --> 00:14:36,783
would be exculpatory.
332
00:14:36,808 --> 00:14:39,123
- No, you don't.
- I read the transcript.
333
00:14:39,148 --> 00:14:41,524
Her letter was never
mentioned by the defense.
334
00:14:41,549 --> 00:14:43,717
Well, you should ask
the defense about that.
335
00:14:43,742 --> 00:14:46,644
I hope you're not accusing me
of prosecutorial misconduct.
336
00:14:46,669 --> 00:14:49,295
Are you saying you turned that
letter over to the defense?
337
00:14:49,320 --> 00:14:50,687
Absolutely.
338
00:14:50,712 --> 00:14:53,374
In 1998, the attorney's
name was Cassie Muir,
339
00:14:53,399 --> 00:14:55,928
and I have no idea why she
didn't bring it up at trial.
340
00:14:55,953 --> 00:14:58,054
Derek Thompson raped his daughter.
341
00:14:58,079 --> 00:14:59,912
If he has regrets about that now,
342
00:14:59,938 --> 00:15:03,606
if his daughter has decided
she suddenly misses him,
343
00:15:03,631 --> 00:15:07,201
that's a family tragedy, but
it doesn't make him innocent.
344
00:15:10,186 --> 00:15:12,211
_
345
00:15:12,236 --> 00:15:13,837
We spoke on the phone, Ms. Muir.
346
00:15:13,862 --> 00:15:15,395
The Derek Thompson case.
347
00:15:15,420 --> 00:15:19,785
Oh, my experience as a practicing lawyer
348
00:15:19,810 --> 00:15:21,144
is part of my past
349
00:15:21,169 --> 00:15:23,535
I choose to revisit as seldom as possible.
350
00:15:23,560 --> 00:15:24,684
So you don't practice anymore?
351
00:15:24,709 --> 00:15:27,981
No, I did get disbarred in '09,
352
00:15:28,006 --> 00:15:29,974
although they never filed a complaint.
353
00:15:29,999 --> 00:15:31,723
They said they sent a certified letter,
354
00:15:31,748 --> 00:15:34,383
but I never got it, so by
the time I could fight it,
355
00:15:34,408 --> 00:15:36,042
they'd already made up their minds.
356
00:15:36,067 --> 00:15:38,421
Okay, well, we're here
about a different letter.
357
00:15:39,532 --> 00:15:42,468
Oh, this is about the Derek Thompson case.
358
00:15:42,493 --> 00:15:45,022
- So you do remember?
- Oh, of course I do.
359
00:15:45,888 --> 00:15:48,621
The allegations were horrific,
360
00:15:48,646 --> 00:15:52,769
but even a pedophile is
entitled to a defense.
361
00:15:52,794 --> 00:15:54,127
Do you think he was guilty?
362
00:15:54,152 --> 00:15:56,186
Oh, honey, they were all guilty.
363
00:15:56,211 --> 00:15:58,113
Okay. Well, we found this letter.
364
00:15:58,138 --> 00:15:59,597
It's from Michelle's first grade teacher.
365
00:15:59,623 --> 00:16:01,891
It says that her mother
was coaching her to lie.
366
00:16:01,916 --> 00:16:03,396
Uh-huh.
367
00:16:04,093 --> 00:16:08,062
So do you remember getting
that from the DA's office?
368
00:16:08,087 --> 00:16:11,441
Oh, Ken O'Dwyer and I
may have been adversaries,
369
00:16:11,466 --> 00:16:14,543
but he always treated me with
respect, so yes, of course,
370
00:16:14,568 --> 00:16:16,242
I remember getting that letter.
371
00:16:16,870 --> 00:16:19,371
The teacher told us that you
never followed up with her.
372
00:16:19,396 --> 00:16:21,042
Can you tell us why?
373
00:16:22,325 --> 00:16:24,393
Well, I'm sure I had a good reason.
374
00:16:24,959 --> 00:16:26,460
You must put a letter
375
00:16:26,485 --> 00:16:29,307
like that in the context
of your whole defense.
376
00:16:29,378 --> 00:16:31,406
Juries get upset.
377
00:16:31,711 --> 00:16:35,966
It could backfire if you
go at a young girl too hard.
378
00:16:40,751 --> 00:16:42,816
So Daddy's attorney had that letter?
379
00:16:42,841 --> 00:16:44,475
She never even tried to talk
380
00:16:44,500 --> 00:16:45,834
to your teacher, Mrs. Morgan.
381
00:16:45,859 --> 00:16:47,760
Your teacher also says
that she sent a letter
382
00:16:47,785 --> 00:16:49,315
to the lead detective.
383
00:16:49,643 --> 00:16:51,177
So what do we do now?
384
00:16:51,202 --> 00:16:53,074
I'll be filing a motion for 440 hearing
385
00:16:53,099 --> 00:16:55,673
on grounds of ineffective
assistance of counsel.
386
00:16:55,698 --> 00:16:58,734
The best case scenario...
your conviction is vacated,
387
00:16:58,759 --> 00:17:00,593
and O'Dwyer agrees to drop the charges.
388
00:17:00,618 --> 00:17:02,874
O'Dwyer. He hates me.
389
00:17:03,053 --> 00:17:05,274
I can't get my hopes up on a scenario.
390
00:17:05,299 --> 00:17:06,691
I can't promise an outcome,
391
00:17:06,716 --> 00:17:08,550
but Judge Rosenbaum is hearing the case.
392
00:17:08,575 --> 00:17:11,510
She's a progressive, outspoken
on reforming the system.
393
00:17:11,535 --> 00:17:14,771
Her track record tends to
favor the defense in appeals.
394
00:17:14,796 --> 00:17:17,665
Mr. Ellis is telling us we got a good shot.
395
00:17:17,690 --> 00:17:20,929
Just have faith, Daddy.
396
00:17:20,954 --> 00:17:22,754
I couldn't have said it better myself.
397
00:17:25,522 --> 00:17:27,764
Yeah.
398
00:17:30,838 --> 00:17:33,106
Counselor Ellis.
399
00:17:33,257 --> 00:17:35,714
Oh, you look cheerful
considering Judge Rosenbaum
400
00:17:35,739 --> 00:17:37,776
is about to vacate all
charges against my client.
401
00:17:37,801 --> 00:17:38,949
You haven't heard?
402
00:17:38,974 --> 00:17:41,629
Judge Rosenbaum suffered
a mini-stroke last night.
403
00:17:41,654 --> 00:17:42,330
It's a shame.
404
00:17:42,354 --> 00:17:45,019
Yes, it is. I'm willing to postpone.
405
00:17:45,044 --> 00:17:46,262
There's no telling when she'll be back.
406
00:17:46,287 --> 00:17:48,660
The case has already been
reassigned... Bertuccio.
407
00:17:48,685 --> 00:17:51,961
Win some, lose some, Bayard.
408
00:17:53,185 --> 00:17:55,561
Hey, everything all right?
409
00:17:55,586 --> 00:17:56,972
There's been a change
in the judge for the case
410
00:17:56,997 --> 00:17:58,873
that might not be in our favor.
411
00:17:59,761 --> 00:18:02,571
Bayard, this is Michelle's brother, Will.
412
00:18:03,129 --> 00:18:04,660
So glad that you're here.
413
00:18:04,685 --> 00:18:07,560
Thank you for helping my father.
414
00:18:09,722 --> 00:18:11,886
All rise.
415
00:18:16,528 --> 00:18:18,262
Thank you all for waiting,
416
00:18:18,287 --> 00:18:20,254
and you may be seated.
417
00:18:20,279 --> 00:18:21,196
Approach, Your Honor?
418
00:18:21,221 --> 00:18:23,937
Whatever you need, Mr. Ellis.
419
00:18:26,607 --> 00:18:28,041
Your Honor, it's my understanding
420
00:18:28,066 --> 00:18:29,433
that you were just assigned this case.
421
00:18:29,458 --> 00:18:30,836
Might I suggest a postponement?
422
00:18:30,861 --> 00:18:32,923
Why? Who's not prepared?
423
00:18:32,948 --> 00:18:34,621
The people are, Your Honor.
424
00:18:35,158 --> 00:18:37,915
Well, I read the paperwork.
425
00:18:37,940 --> 00:18:38,876
I'm good.
426
00:18:38,901 --> 00:18:41,175
Mr. Ellis, you need a postponement?
427
00:18:41,200 --> 00:18:42,868
No, Your Honor.
428
00:18:42,983 --> 00:18:45,735
Well, then step back.
429
00:18:46,521 --> 00:18:48,407
People versus Derek Thompson.
430
00:18:48,432 --> 00:18:50,509
- I have a 440 motion.
- Your Honor.
431
00:18:50,534 --> 00:18:52,508
We have a letter probative
of the defendant's innocence
432
00:18:52,533 --> 00:18:54,196
that was never shown
to the jury by defense.
433
00:18:54,221 --> 00:18:55,876
And that's in the file, Mr. Ellis?
434
00:18:55,901 --> 00:18:57,376
- Mm-hmm.
- Ah.
435
00:18:57,401 --> 00:19:00,076
A letter from Ms. Thompson's
first grade teacher.
436
00:19:00,101 --> 00:19:00,923
Mr. O'Dwyer?
437
00:19:00,948 --> 00:19:03,368
Your Honor, counsel did
indeed have this letter
438
00:19:03,393 --> 00:19:05,094
and chose not to introduce it.
439
00:19:05,119 --> 00:19:07,266
I suspect the judge
would've ruled it as hearsay.
440
00:19:07,291 --> 00:19:09,066
Even if it were admitted,
441
00:19:09,091 --> 00:19:10,358
it strains credulity it would've
442
00:19:10,383 --> 00:19:13,585
swayed that jury's unanimous
decision on all counts.
443
00:19:13,618 --> 00:19:14,868
All right, just to be clear,
444
00:19:14,893 --> 00:19:18,235
she told her teacher she was
coached by her mother to lie?
445
00:19:18,260 --> 00:19:20,635
A recantation she adamantly maintains.
446
00:19:20,660 --> 00:19:23,360
But she testified to the rape at trial
447
00:19:23,385 --> 00:19:24,868
after she spoke to the teacher.
448
00:19:24,893 --> 00:19:26,493
We believe that testimony at trial
449
00:19:26,518 --> 00:19:29,062
was given under maternal pressure.
450
00:19:30,517 --> 00:19:33,329
Looking at this letter,
it may have been sufficient
451
00:19:33,354 --> 00:19:35,556
to cast reasonable doubt on her testimony.
452
00:19:35,581 --> 00:19:39,051
However, it was up to the
defense to introduce it,
453
00:19:39,076 --> 00:19:41,650
and I'm curious as to why
the defendant didn't bring up
454
00:19:41,675 --> 00:19:43,767
the issue of inadequate
counsel at the time.
455
00:19:43,792 --> 00:19:46,509
My fear is that this appeal
456
00:19:46,534 --> 00:19:49,403
is conveniently timed to
the victim's recent recant.
457
00:19:49,816 --> 00:19:51,978
The failure to introduce this letter
458
00:19:52,003 --> 00:19:55,666
alone does not rise to the level
of lack of effective counsel.
459
00:19:55,691 --> 00:19:57,792
The motion is denied.
460
00:19:57,817 --> 00:19:59,385
Mr. Thompson,
461
00:19:59,410 --> 00:20:04,666
you are remanded back to
Green Haven Correctional,
462
00:20:04,691 --> 00:20:06,465
and this hearing is adjourned.
463
00:20:06,490 --> 00:20:10,666
Daddy, I'm sorry. I'm sorry.
464
00:20:10,691 --> 00:20:11,924
Look, you got to do something.
465
00:20:11,949 --> 00:20:14,423
- Michelle, he tried.
- Another appeal.
466
00:20:14,448 --> 00:20:15,517
I don't know that we can.
467
00:20:15,542 --> 00:20:18,076
No. No. You got my hopes up.
468
00:20:18,101 --> 00:20:19,301
You got my Daddy's hopes up,
469
00:20:19,326 --> 00:20:20,994
my little brother's for nothing.
470
00:20:21,019 --> 00:20:24,021
I never should've trusted you, any of you.
471
00:20:38,210 --> 00:20:39,787
Happy hour started early?
472
00:20:39,812 --> 00:20:41,446
What she's having.
473
00:20:41,755 --> 00:20:42,871
No good deed.
474
00:20:42,896 --> 00:20:44,497
- Hmm.
- How's Michelle?
475
00:20:44,522 --> 00:20:45,723
Reverend Curtis is with her.
476
00:20:45,748 --> 00:20:47,416
He doesn't want her to spiral down.
477
00:20:47,441 --> 00:20:49,981
- So the case is dead?
- It's on life support.
478
00:20:50,006 --> 00:20:51,622
We've exhausted the state appeals.
479
00:20:51,646 --> 00:20:55,277
The last recourse is to file a
Federal Habeas Corpus petition.
480
00:20:55,302 --> 00:20:57,036
You'd need new evidence for that.
481
00:20:57,061 --> 00:20:58,543
Well, if there is any, I
don't know where it's been
482
00:20:58,568 --> 00:20:59,542
hiding all this time.
483
00:20:59,961 --> 00:21:03,141
Amaro just texted. McCormack's in town.
484
00:21:03,348 --> 00:21:04,749
The original detective.
485
00:21:04,774 --> 00:21:06,067
I thought he wasn't returning our calls.
486
00:21:06,092 --> 00:21:08,184
He wasn't. Cragen reached out.
487
00:21:08,209 --> 00:21:11,983
He said he was worried that
some nutjob, Bayard Ellis,
488
00:21:12,008 --> 00:21:14,384
was looking to reopen the case.
489
00:21:14,455 --> 00:21:17,983
So McCormack's coming in to help SVU
490
00:21:18,137 --> 00:21:20,384
make sure it stays buried?
491
00:21:22,796 --> 00:21:24,397
It's good to see you, Ted.
492
00:21:24,422 --> 00:21:25,996
I didn't know if you'd remember me.
493
00:21:26,021 --> 00:21:27,196
Captain Cragen.
494
00:21:27,221 --> 00:21:29,402
We used to call you Captain
Crunch back in the day.
495
00:21:29,427 --> 00:21:32,215
They didn't make you for
SVU. How long'd you last?
496
00:21:32,240 --> 00:21:33,416
15 years.
497
00:21:33,441 --> 00:21:37,015
Wow, no kidding? Who's the kid?
498
00:21:37,762 --> 00:21:39,129
Nick Amaro.
499
00:21:39,154 --> 00:21:40,871
Captain taught me everything I know.
500
00:21:40,896 --> 00:21:42,670
Must not have taken very long.
501
00:21:43,696 --> 00:21:45,927
Hey, so what can you tell us about
502
00:21:45,952 --> 00:21:48,527
this piece of crap, Derek Thompson?
503
00:21:48,817 --> 00:21:50,731
He's the lowest of the low.
504
00:21:50,756 --> 00:21:52,690
Did his own daughter.
505
00:21:52,715 --> 00:21:53,715
Project Innocence, huh?
506
00:21:53,740 --> 00:21:55,366
I know they're bleeding hearts,
507
00:21:55,587 --> 00:21:57,521
but you'd think they'd steer clear.
508
00:21:57,546 --> 00:21:58,957
Well, his daughter hit bottom,
509
00:21:58,982 --> 00:22:01,754
found Jesus, and the right
Reverend Curtis Scott.
510
00:22:01,779 --> 00:22:04,814
Ah, that charlatan.
511
00:22:04,839 --> 00:22:06,637
- Now I get it.
- He plays Ellis.
512
00:22:06,662 --> 00:22:08,692
Ellis plays his new friends at City Hall...
513
00:22:08,717 --> 00:22:11,693
- And here we are.
- This city.
514
00:22:11,869 --> 00:22:17,728
Same crap, different
century. So what's going on?
515
00:22:17,753 --> 00:22:18,944
Well...
516
00:22:19,615 --> 00:22:23,642
The girl is claiming that
her mother made her lie.
517
00:22:23,807 --> 00:22:26,476
Audrey? She would never.
518
00:22:26,520 --> 00:22:28,220
She had her troubles,
519
00:22:28,245 --> 00:22:30,312
but she was just trying
to protect those kids
520
00:22:30,337 --> 00:22:31,537
from that pedophile.
521
00:22:31,562 --> 00:22:33,936
She's all broken up about this.
522
00:22:34,376 --> 00:22:36,636
So you spoke to Audrey Thompson?
523
00:22:36,668 --> 00:22:37,837
Yeah.
524
00:22:37,862 --> 00:22:41,632
I mean, she called me when
you guys started poking around.
525
00:22:42,027 --> 00:22:43,611
After what she went through,
526
00:22:43,636 --> 00:22:46,876
she still looks to me when
she needs a reality check.
527
00:22:46,901 --> 00:22:50,025
So you stayed in touch after the case.
528
00:22:50,050 --> 00:22:51,426
And before.
529
00:22:51,451 --> 00:22:53,095
I broke up domestic disputes
530
00:22:53,120 --> 00:22:54,496
there more times than I can count.
531
00:22:54,521 --> 00:22:56,856
The guy had a history.
532
00:22:56,881 --> 00:23:01,127
Escalated from slapping his
wife around to raping his kid.
533
00:23:01,752 --> 00:23:04,182
Well, his defense found some letter
534
00:23:04,207 --> 00:23:07,976
sent to you from a teacher
saying Audrey made Michelle lie.
535
00:23:08,001 --> 00:23:09,491
Not a chance.
536
00:23:10,238 --> 00:23:14,031
Derek has made a career out
of convincing that poor kid
537
00:23:14,056 --> 00:23:16,068
he didn't do to her what he did.
538
00:23:16,477 --> 00:23:18,712
And now she's recanting.
539
00:23:18,737 --> 00:23:23,744
It shows you what a sick,
controlling waste of life he is.
540
00:23:24,425 --> 00:23:26,659
It's what we figured.
541
00:23:27,303 --> 00:23:28,670
Okay, Ted. Thanks again.
542
00:23:28,695 --> 00:23:29,644
All right.
543
00:23:29,669 --> 00:23:31,744
Either of you guys make it down to Florida,
544
00:23:31,769 --> 00:23:33,337
I'll take you deep sea fishing, huh?
545
00:23:33,362 --> 00:23:36,030
Florida... somehow I never make it there.
546
00:23:36,055 --> 00:23:37,851
Hey, it was good talking to you, Nick.
547
00:23:37,876 --> 00:23:39,910
I'd like to stick around, but Eileen
548
00:23:39,935 --> 00:23:41,836
has roped me into a matinee.
549
00:23:41,861 --> 00:23:43,526
Good luck, Captain.
550
00:23:47,375 --> 00:23:49,820
So the detective working
the case keeps in touch
551
00:23:49,845 --> 00:23:51,379
with the ex-wife of the accused?
552
00:23:51,404 --> 00:23:52,539
It's awfully cozy.
553
00:23:52,564 --> 00:23:54,109
Well, how many domestics did he respond to?
554
00:23:54,134 --> 00:23:54,937
Three.
555
00:23:55,241 --> 00:23:57,289
The last one, a week before the accusation.
556
00:23:57,314 --> 00:23:59,031
What do we know about
McCormack's personal life?
557
00:23:59,056 --> 00:24:01,429
Well, I'm gonna guess
drinking, messy home situation.
558
00:24:01,454 --> 00:24:03,481
Yup, his wife filed for a divorce
559
00:24:03,506 --> 00:24:04,866
two years after the case.
560
00:24:04,891 --> 00:24:06,000
She died a year ago.
561
00:24:06,025 --> 00:24:07,492
Can you pull up that divorce petition?
562
00:24:07,517 --> 00:24:08,991
I'm already on it.
563
00:24:09,195 --> 00:24:11,092
Yeah, look. Here we go.
564
00:24:11,698 --> 00:24:14,675
Grounds cited: 174, adultery.
565
00:24:14,700 --> 00:24:17,991
Co-respondent, Audrey Thompson.
566
00:24:18,429 --> 00:24:21,382
So the detective on the case was sleeping
567
00:24:21,407 --> 00:24:23,692
with the wife of the guy he arrested.
568
00:24:23,895 --> 00:24:26,195
That might've been good
for a jury to know, right?
569
00:24:26,220 --> 00:24:27,896
New evidence. Am I right, counselor?
570
00:24:27,921 --> 00:24:28,867
Yeah. it's a start,
571
00:24:28,892 --> 00:24:30,686
but we'd need to establish the relationship
572
00:24:30,711 --> 00:24:32,045
began before the trial.
573
00:24:32,070 --> 00:24:33,921
Oh, McCormack won't come clean on that.
574
00:24:33,946 --> 00:24:35,421
And hotbox Audrey won't either.
575
00:24:35,446 --> 00:24:37,648
Michelle and Will, six and four.
576
00:24:37,776 --> 00:24:39,648
- Pretty young.
- You'd be surprised.
577
00:24:39,673 --> 00:24:41,453
Kids pick up on more than you realize.
578
00:24:41,478 --> 00:24:43,145
Michelle's fragile as it is.
579
00:24:43,170 --> 00:24:45,972
Who wants to ask her
these kinds of questions?
580
00:24:49,518 --> 00:24:51,269
_
581
00:24:51,294 --> 00:24:53,061
Detective McCormack?
582
00:24:53,299 --> 00:24:56,083
Yeah, he came around a
lot when Dad went away.
583
00:24:56,108 --> 00:24:57,805
He'd come to your apartment?
584
00:24:57,830 --> 00:25:00,187
Yeah, Mama said he was looking after us.
585
00:25:00,212 --> 00:25:02,306
I just thought that's what cops did.
586
00:25:02,368 --> 00:25:04,636
Do you remember the first time you met him?
587
00:25:04,913 --> 00:25:07,101
- No.
- I do.
588
00:25:07,415 --> 00:25:11,185
Before Christmas, Mama
and Daddy were fighting.
589
00:25:11,210 --> 00:25:15,413
She knocked the tree over,
and Daddy shoved her away.
590
00:25:15,438 --> 00:25:16,610
She called 911.
591
00:25:16,635 --> 00:25:18,002
And Detective McCormack responded.
592
00:25:18,027 --> 00:25:18,993
Yeah.
593
00:25:19,018 --> 00:25:20,418
Do you remember anything
594
00:25:20,443 --> 00:25:22,511
about the way he behaved
around your mother?
595
00:25:22,652 --> 00:25:26,011
She was crying. I think he hugged her.
596
00:25:26,526 --> 00:25:31,411
Okay, do you remember any other
physical contact between them?
597
00:25:32,838 --> 00:25:35,440
Why are you asking us this?
598
00:25:35,544 --> 00:25:38,112
Sergeant Benson may have found evidence
599
00:25:38,137 --> 00:25:44,042
that your mother was involved
with Detective McCormack.
600
00:25:44,067 --> 00:25:47,136
They were together?
601
00:25:47,275 --> 00:25:48,542
Oh, my God.
602
00:25:48,567 --> 00:25:51,211
We're not sure.
603
00:25:52,208 --> 00:25:53,575
Do you either of you
604
00:25:53,600 --> 00:25:57,445
remember a time when they
may have left together?
605
00:25:57,470 --> 00:26:01,539
Yeah, she went away once for a weekend.
606
00:26:01,564 --> 00:26:03,131
It was after Daddy was in jail.
607
00:26:03,156 --> 00:26:05,338
I remember we went to Grandma's.
608
00:26:05,363 --> 00:26:06,789
Oh, yeah, she brought us back
609
00:26:06,814 --> 00:26:09,617
the snow globe and the pink flamingo.
610
00:26:09,822 --> 00:26:12,844
So this is while your father was in jail,
611
00:26:12,869 --> 00:26:16,044
but before the trial.
612
00:26:17,756 --> 00:26:21,143
I'm trying to remember.
613
00:26:21,168 --> 00:26:22,852
I don't know.
614
00:26:22,877 --> 00:26:24,478
- I'm sorry.
- It's okay.
615
00:26:24,503 --> 00:26:26,252
It's okay.
616
00:26:26,277 --> 00:26:28,951
I know this is difficult.
617
00:26:33,961 --> 00:26:35,562
So Ted and Audrey
618
00:26:35,587 --> 00:26:38,023
had known each other six
months by the time of the trial.
619
00:26:38,048 --> 00:26:40,250
Can we prove that the
relationship was romantic?
620
00:26:40,275 --> 00:26:42,190
Yeah, we can prove they
were both in Key West
621
00:26:42,215 --> 00:26:43,094
on the same weekend in May.
622
00:26:43,119 --> 00:26:43,782
Go on.
623
00:26:43,806 --> 00:26:45,981
That weekend, Detective
McCormack was picking up a perp
624
00:26:46,006 --> 00:26:47,181
at Monroe County Detention.
625
00:26:47,206 --> 00:26:49,280
Oh, weekend getaway on the taxpayer's dime.
626
00:26:49,305 --> 00:26:50,481
We know Audrey was there how?
627
00:26:50,506 --> 00:26:52,313
I called the Monroe
County Sheriff's Office.
628
00:26:52,338 --> 00:26:53,838
Guess who was charged with
629
00:26:53,863 --> 00:26:56,072
disorderly intoxication that same weekend?
630
00:26:56,097 --> 00:26:57,612
- Audrey Thompson.
- Yeah.
631
00:26:57,637 --> 00:26:59,412
She pleaded down to a dis-con the next day.
632
00:26:59,437 --> 00:27:01,812
My guess, that's when McCormack intervened.
633
00:27:01,837 --> 00:27:04,005
So these two were hooking up
634
00:27:04,030 --> 00:27:06,011
while Derek Thompson is awaiting trial.
635
00:27:06,036 --> 00:27:07,511
They railroaded him, Sarge.
636
00:27:07,536 --> 00:27:08,813
I mean, that's got to be enough
637
00:27:08,838 --> 00:27:10,532
for a Federal Habeas Corpus, am I right?
638
00:27:10,556 --> 00:27:12,000
I mean, maybe even ADA O'Dwyer
639
00:27:12,025 --> 00:27:13,454
just drops the charges altogether.
640
00:27:13,478 --> 00:27:17,052
Hey, you can ask, but
don't hold your breath.
641
00:27:22,510 --> 00:27:24,745
Audrey Jones was in Key
West the same weekend
642
00:27:24,770 --> 00:27:25,729
as Detective McCormack
643
00:27:25,754 --> 00:27:28,498
one month prior to Derek Thompson's trial.
644
00:27:28,523 --> 00:27:30,889
That's called a coincidence,
not a conspiracy.
645
00:27:30,913 --> 00:27:32,747
The detective was there on police business.
646
00:27:32,772 --> 00:27:34,177
Well, perhaps, but we believe
647
00:27:34,202 --> 00:27:35,836
that police business provided him the cover
648
00:27:35,861 --> 00:27:38,162
to fly in Ms. Jones for a romantic weekend.
649
00:27:38,187 --> 00:27:40,068
There's absolutely no proof of that.
650
00:27:40,093 --> 00:27:41,099
It's just common sense.
651
00:27:41,124 --> 00:27:43,966
Audrey Jones was named
as the sole co-respondent
652
00:27:43,991 --> 00:27:46,092
in Nora McCormack's divorce papers.
653
00:27:46,117 --> 00:27:48,152
Detective McCormack never
should've been allowed
654
00:27:48,177 --> 00:27:50,345
to testify against the
man that he was cuckolding.
655
00:27:50,370 --> 00:27:51,607
The defense was deprived
656
00:27:51,632 --> 00:27:54,207
the opportunity to question his motive.
657
00:27:56,922 --> 00:27:59,123
I agree with you, Mr. Ellis.
658
00:27:59,148 --> 00:28:00,323
Given this evidence,
659
00:28:00,348 --> 00:28:03,322
I will grant the petition
for Habeas Corpus.
660
00:28:03,434 --> 00:28:06,921
Mr. Thompson will be held pending retrial.
661
00:28:07,621 --> 00:28:09,088
Wait, it worked?
662
00:28:09,113 --> 00:28:10,747
Daddy, it's really happening.
663
00:28:10,772 --> 00:28:12,606
Come here.
664
00:28:14,827 --> 00:28:18,022
Retrial... why didn't he
just drop all the charges?
665
00:28:18,047 --> 00:28:19,112
One step at a time.
666
00:28:19,137 --> 00:28:20,712
This trial will be different, Dad.
667
00:28:20,737 --> 00:28:22,212
We'll be right there with you.
668
00:28:22,237 --> 00:28:23,712
With the new evidence, it's possible
669
00:28:23,737 --> 00:28:26,111
that the jury will find reasonable doubt.
670
00:28:26,760 --> 00:28:29,712
Congratulations, Counselor,
and you too, Mr. Thompson.
671
00:28:29,737 --> 00:28:32,111
I'm sure you're eager to
move on with your life.
672
00:28:32,136 --> 00:28:33,870
What can we do for you, Ken?
673
00:28:33,895 --> 00:28:37,212
How would your client feel about
skipping a retrial altogether?
674
00:28:37,709 --> 00:28:39,012
What are you offering?
675
00:28:39,037 --> 00:28:41,111
Criminal sexual act in the first degree.
676
00:28:41,136 --> 00:28:42,911
We agree to time served.
677
00:28:42,936 --> 00:28:45,611
Just think about it.
678
00:28:46,936 --> 00:28:50,411
- What does that mean?
- The DA wants to save face.
679
00:28:50,436 --> 00:28:52,103
So? He'll let you out of jail.
680
00:28:52,128 --> 00:28:54,055
Yeah, but I'd have a felony on my record.
681
00:28:54,080 --> 00:28:56,301
And you'd stay on the
Sex Offender Registry.
682
00:28:56,326 --> 00:28:58,101
You'd have to admit to
your guilt in open court
683
00:28:58,126 --> 00:28:59,226
as part of the plea deal.
684
00:28:59,251 --> 00:29:00,618
And I can't take that back.
685
00:29:00,643 --> 00:29:02,878
Mr. Thompson, if you
take Mr. O'Dwyer's offer,
686
00:29:02,903 --> 00:29:04,170
you will spare your daughter
687
00:29:04,195 --> 00:29:05,612
from being cross-examined on the stand.
688
00:29:05,637 --> 00:29:07,272
He'd really take this to trial again?
689
00:29:07,297 --> 00:29:09,073
He really believes that you're guilty.
690
00:29:09,301 --> 00:29:11,202
It's easier than accepting
he put an innocent man
691
00:29:11,227 --> 00:29:12,171
in jail for 17 years.
692
00:29:12,196 --> 00:29:14,191
No, all this time,
693
00:29:14,216 --> 00:29:16,290
all I've had is the fact that I'm innocent,
694
00:29:16,315 --> 00:29:18,205
and I would never hurt my daughter,
695
00:29:18,230 --> 00:29:19,998
and he can't ask me to say I did.
696
00:29:20,023 --> 00:29:22,891
He could keep you in prison
for the rest of your life.
697
00:29:22,916 --> 00:29:24,317
Daddy, please.
698
00:29:24,342 --> 00:29:26,222
No, it's the truth that's supposed
699
00:29:26,247 --> 00:29:28,822
to set you free, not a lie.
700
00:29:40,193 --> 00:29:43,556
- Counselor, good morning.
- Sergeant Benson, Mr. Ellis.
701
00:29:43,581 --> 00:29:45,657
Well, your defendant
wanted his day in court.
702
00:29:45,682 --> 00:29:47,204
- I hope he's ready for it.
- Oh, he is.
703
00:29:47,229 --> 00:29:49,048
He's been thinking about it for 17 years.
704
00:29:49,073 --> 00:29:50,347
Well, it didn't have to come to this.
705
00:29:50,372 --> 00:29:51,247
I offered him a way out.
706
00:29:51,272 --> 00:29:53,347
When a man refuses to plead guilty
707
00:29:53,372 --> 00:29:55,747
to get out of jail, that
should tell you something.
708
00:29:55,772 --> 00:29:57,840
It tells me he's a pathological narcissist.
709
00:29:57,865 --> 00:29:59,946
If he really cared about
his children, his daughter,
710
00:29:59,971 --> 00:30:01,146
he wouldn't put her through this.
711
00:30:01,171 --> 00:30:02,190
He's not worried about her.
712
00:30:02,215 --> 00:30:04,134
He's worried about his name, his ego.
713
00:30:04,159 --> 00:30:06,400
Ego... it's funny you should mention that.
714
00:30:06,425 --> 00:30:07,564
- Bayard...
- No, no, no.
715
00:30:07,589 --> 00:30:09,650
Let Mr. Ellis speak his mind.
It's his favorite activity.
716
00:30:09,675 --> 00:30:11,409
No one likes to admit to a mistake,
717
00:30:11,434 --> 00:30:14,775
but Derek Thompson suffered a
horrible miscarriage of justice,
718
00:30:14,800 --> 00:30:17,669
and we have the opportunity
to right a terrible wrong.
719
00:30:17,694 --> 00:30:18,575
We?
720
00:30:18,600 --> 00:30:20,439
It's not up to a DA, a lawyer,
721
00:30:20,464 --> 00:30:22,699
or even a judge to
determine guilt or innocence.
722
00:30:22,724 --> 00:30:24,339
It's up to a jury.
723
00:30:24,691 --> 00:30:26,525
Good luck.
724
00:30:28,400 --> 00:30:30,331
_
725
00:30:30,356 --> 00:30:33,059
My daughter was crying when I came home.
726
00:30:33,084 --> 00:30:35,085
I asked her why.
727
00:30:35,218 --> 00:30:38,254
She said, "Daddy hurt me with his pee pee."
728
00:30:38,538 --> 00:30:40,858
And what did you do then?
729
00:30:40,883 --> 00:30:42,959
That next morning, after Derek left,
730
00:30:42,984 --> 00:30:44,158
I called the police,
731
00:30:44,183 --> 00:30:46,718
and we made sure we got
Michelle to a doctor.
732
00:30:47,067 --> 00:30:50,370
Can you tell me the name of
the investigating officer?
733
00:30:50,395 --> 00:30:51,791
Detective McCormack.
734
00:30:51,816 --> 00:30:55,423
And Detective McCormack was
someone you already knew?
735
00:30:55,448 --> 00:31:00,229
Yes, he had responded to
several domestic violence calls.
736
00:31:00,254 --> 00:31:02,171
Back then, Derek and I
used to really go at it,
737
00:31:02,196 --> 00:31:03,570
but what we did to each other
738
00:31:03,595 --> 00:31:06,931
was nothing compared to what
he did to Michelle that night.
739
00:31:07,130 --> 00:31:10,766
Why'd you form a relationship
with Detective McCormack?
740
00:31:10,791 --> 00:31:13,377
I knew me and my children
needed protection.
741
00:31:13,402 --> 00:31:16,027
After that night, the only thing on my mind
742
00:31:16,052 --> 00:31:18,853
was making sure that my children were safe.
743
00:31:18,878 --> 00:31:20,654
Thank you, Ms. Jones.
744
00:31:22,319 --> 00:31:24,787
You were involved with Detective McCormack.
745
00:31:25,204 --> 00:31:28,440
You spent the weekend with
him in Florida, which we know
746
00:31:28,464 --> 00:31:32,839
because you received a citation
for drunk and disorderly.
747
00:31:33,408 --> 00:31:35,709
Was that vacation
748
00:31:35,734 --> 00:31:39,169
before or after your ex-husband's trial?
749
00:31:39,194 --> 00:31:42,356
Before, but that had
nothing to do with this case.
750
00:31:42,381 --> 00:31:44,700
If that's true, why didn't
you or Detective McCormack
751
00:31:44,725 --> 00:31:46,292
disclose your relationship to the DA
752
00:31:46,317 --> 00:31:47,901
or your husband's defense counsel?
753
00:31:47,926 --> 00:31:49,101
He was married.
754
00:31:49,126 --> 00:31:51,677
It was wrong, but we didn't
want his wife to find out.
755
00:31:51,702 --> 00:31:54,171
Or maybe you were afraid that if the jury
756
00:31:54,196 --> 00:31:56,297
knew about your relationship,
757
00:31:56,564 --> 00:31:58,130
they would've believe either of you.
758
00:31:58,155 --> 00:32:00,290
- Objection.
- Withdrawn.
759
00:32:00,426 --> 00:32:02,730
The night you claim your
daughter was assaulted,
760
00:32:02,755 --> 00:32:04,831
what time did you come home?
761
00:32:05,599 --> 00:32:07,366
I'm not sure.
762
00:32:07,391 --> 00:32:09,325
Had you been drinking?
763
00:32:09,350 --> 00:32:10,918
Yes.
764
00:32:10,943 --> 00:32:12,577
I'm not proud about that.
765
00:32:12,602 --> 00:32:15,237
It was late. You'd been drinking.
766
00:32:15,426 --> 00:32:16,993
Did you get into a fight with your husband?
767
00:32:17,018 --> 00:32:18,031
Yes.
768
00:32:18,056 --> 00:32:21,169
And immediately after that, your daughter
769
00:32:21,194 --> 00:32:23,869
supposedly disclosed to you that
her father had assaulted her?
770
00:32:23,894 --> 00:32:25,849
She was hurt. She was... she was crying.
771
00:32:25,874 --> 00:32:27,763
Yet you didn't seek
medical attention for her
772
00:32:27,788 --> 00:32:28,964
or call the police that night.
773
00:32:28,989 --> 00:32:31,023
I wanted to wait until my
husband was out of the house.
774
00:32:31,048 --> 00:32:32,516
The next morning, when you knew
775
00:32:32,541 --> 00:32:34,976
Detective McCormack would be on duty.
776
00:32:35,181 --> 00:32:38,717
I wanted to wait until my
husband was out of the house.
777
00:32:38,742 --> 00:32:40,630
Did Detective McCormack suggest to you
778
00:32:40,655 --> 00:32:42,431
that if you wanted to get
your husband out of your life,
779
00:32:42,456 --> 00:32:43,931
accusing him of sexual assault
780
00:32:43,956 --> 00:32:46,931
was a far more potent weapon
than a domestic violence charge?
781
00:32:46,963 --> 00:32:48,903
No. No.
782
00:32:48,928 --> 00:32:53,657
So you came up with that idea on your own?
783
00:32:53,682 --> 00:32:55,157
Objection.
784
00:32:56,862 --> 00:32:58,362
Withdrawn.
785
00:33:03,990 --> 00:33:06,458
I wasn't the best father.
786
00:33:06,625 --> 00:33:09,248
I didn't make enough money.
787
00:33:11,273 --> 00:33:14,649
I worked long hours. I
couldn't always be there.
788
00:33:14,674 --> 00:33:16,449
- But you tried to be?
- Yeah.
789
00:33:16,474 --> 00:33:19,142
I did the best I could
to raise my children.
790
00:33:19,431 --> 00:33:21,498
My wife... she wasn't interested in that,
791
00:33:21,798 --> 00:33:23,899
Not after she turned to drugs and alcohol.
792
00:33:24,027 --> 00:33:26,395
Is that why you kept in touch
with your children from prison?
793
00:33:26,420 --> 00:33:27,548
Yes.
794
00:33:27,573 --> 00:33:31,748
They needed parenting, even
if it was just through letters.
795
00:33:31,981 --> 00:33:36,399
So once again, on the night in question,
796
00:33:37,095 --> 00:33:39,599
did you sexually assault
your daughter Michelle?
797
00:33:39,624 --> 00:33:41,999
Absolutely not.
798
00:33:43,777 --> 00:33:45,544
Thank you, Mr. Thompson.
799
00:33:50,448 --> 00:33:52,249
When the police initially questioned you
800
00:33:52,274 --> 00:33:55,815
about your daughter's injuries,
the semen on her pajamas,
801
00:33:55,841 --> 00:33:57,608
did you accuse your wife of planting it?
802
00:33:57,633 --> 00:34:01,169
I only said that because
the police lied to me.
803
00:34:01,194 --> 00:34:02,534
There was no semen.
804
00:34:02,559 --> 00:34:04,160
Why didn't you just say that?
805
00:34:04,185 --> 00:34:06,934
Because I was trying to make sense of it.
806
00:34:07,362 --> 00:34:10,042
Okay.
807
00:34:10,533 --> 00:34:15,504
Mr. Thompson, the only
reason that we're here
808
00:34:15,803 --> 00:34:17,104
is because your daughter
809
00:34:17,129 --> 00:34:19,981
is now recanting her original statement.
810
00:34:20,766 --> 00:34:22,981
You testified to writing her letters.
811
00:34:23,006 --> 00:34:25,511
In those letters, did you ask her
812
00:34:25,536 --> 00:34:26,893
to help you get out of prison?
813
00:34:26,918 --> 00:34:28,589
Yes, because...
814
00:34:28,614 --> 00:34:30,615
Do you think it's possible
that she's recanting now
815
00:34:30,640 --> 00:34:32,374
because you manipulated her into it?
816
00:34:32,399 --> 00:34:34,284
I only asked her to tell the truth.
817
00:34:34,309 --> 00:34:37,484
Hadn't she done that already
to DAs, to detectives,
818
00:34:37,509 --> 00:34:39,073
to the jury, under oath?
819
00:34:39,098 --> 00:34:41,171
My ex told her to say those things.
820
00:34:41,196 --> 00:34:43,598
And now you're telling
her to say other things.
821
00:34:43,623 --> 00:34:45,972
- Objection.
- Sustained.
822
00:34:59,245 --> 00:35:01,313
When Detective McCormack got there,
823
00:35:01,556 --> 00:35:03,754
my mother made me tell
him that I'd been raped,
824
00:35:03,779 --> 00:35:05,553
but that wasn't the truth.
825
00:35:05,578 --> 00:35:07,654
Then why did you continue to say it
826
00:35:07,679 --> 00:35:09,613
even months later at trial?
827
00:35:09,638 --> 00:35:12,368
I was six. I was scared of my mother.
828
00:35:12,393 --> 00:35:14,212
I did what she told me to do.
829
00:35:14,237 --> 00:35:16,338
I've regretted it every day of my life.
830
00:35:16,363 --> 00:35:18,131
Thank you, Ms. Thompson.
831
00:35:25,953 --> 00:35:29,355
You say your father did not rape you,
832
00:35:29,390 --> 00:35:32,886
yet in your original testimony,
you claimed otherwise.
833
00:35:33,508 --> 00:35:38,380
Will you read this for the jury?
834
00:35:39,092 --> 00:35:41,160
"Daddy hurt me.
835
00:35:41,264 --> 00:35:42,491
"He tucked me in,
836
00:35:42,516 --> 00:35:45,418
"and then he tried to put
his penis in my vagina.
837
00:35:45,678 --> 00:35:47,734
"It hurt a lot.
838
00:35:47,759 --> 00:35:50,434
Then he put his finger inside me."
839
00:35:51,179 --> 00:35:53,347
Do you recall saying those words?
840
00:35:53,372 --> 00:35:55,540
Yes. I was forced to.
841
00:35:55,565 --> 00:35:57,523
In a recent interview with SVU,
842
00:35:57,548 --> 00:36:01,051
you said you burned your hand that night
843
00:36:01,076 --> 00:36:02,610
trying to cook hot dogs.
844
00:36:02,635 --> 00:36:06,205
Yes, my dad blamed my
mom for leaving us alone.
845
00:36:06,230 --> 00:36:07,297
He got angry.
846
00:36:07,322 --> 00:36:09,312
Oh, do you remember that?
847
00:36:09,337 --> 00:36:11,281
I remember hearing them fight.
848
00:36:11,305 --> 00:36:13,881
Do you remember which hand was burned?
849
00:36:14,461 --> 00:36:17,663
My right hand. It hurt a lot.
850
00:36:17,690 --> 00:36:20,804
But when you went to visit
a doctor the next morning,
851
00:36:20,829 --> 00:36:23,913
she examined the bruises on
your thighs, yet made no note
852
00:36:23,938 --> 00:36:25,012
of a hand injury.
853
00:36:25,037 --> 00:36:26,015
Did you forget to tell her?
854
00:36:26,040 --> 00:36:28,592
I was there because my mom
made me say I'd been raped.
855
00:36:28,751 --> 00:36:32,086
Is it possible that you
never burned your hand at all,
856
00:36:32,111 --> 00:36:35,476
but your father convinced
you that this happened?
857
00:36:36,228 --> 00:36:38,593
I don't think so.
858
00:36:39,539 --> 00:36:41,073
But it is possible
859
00:36:41,098 --> 00:36:44,434
that your mother convinced
you that you were raped,
860
00:36:44,459 --> 00:36:48,195
even though you say that never happened?
861
00:36:54,295 --> 00:36:58,754
Or maybe it's just easier
to believe that your father
862
00:36:58,779 --> 00:36:59,854
didn't rape you.
863
00:36:59,879 --> 00:37:02,514
- Objection.
- Sustained.
864
00:37:05,216 --> 00:37:09,418
Did your father hurt you that night?
865
00:37:09,698 --> 00:37:12,239
I know he didn't.
866
00:37:12,771 --> 00:37:16,274
You know he didn't or do
you remember he didn't?
867
00:37:19,944 --> 00:37:21,876
I don't remember him doing anything.
868
00:37:21,901 --> 00:37:23,301
Which isn't the same
869
00:37:23,326 --> 00:37:26,995
as remembering that he didn't do anything.
870
00:37:27,020 --> 00:37:29,488
Is this a story you've
been told to remember?
871
00:37:29,513 --> 00:37:31,080
What?
872
00:37:31,105 --> 00:37:33,021
I'm gonna ask you one
more time, Ms. Thompson,
873
00:37:33,046 --> 00:37:35,114
and I'm gonna remind you
that you're under oath.
874
00:37:35,139 --> 00:37:37,221
Did your father rape you?
875
00:37:45,481 --> 00:37:48,349
Did your father rape you?
876
00:37:48,374 --> 00:37:52,841
I don't know. I was six.
877
00:37:53,699 --> 00:37:55,666
I can't...
878
00:37:55,691 --> 00:37:58,541
Daddy, I'm so sorry.
879
00:38:12,806 --> 00:38:16,075
- Redirect, Your Honor.
- I'll allow it.
880
00:38:26,015 --> 00:38:28,180
Michelle, I know it took a
lot for you to come up here
881
00:38:28,205 --> 00:38:30,481
and testify today.
882
00:38:31,287 --> 00:38:34,227
Just now, did you feel as if Mr. O'Dwyer
883
00:38:34,252 --> 00:38:37,226
was bullying you?
884
00:38:37,355 --> 00:38:40,526
- Yes.
- Did that confuse you?
885
00:38:40,725 --> 00:38:42,696
Did you give him the answer
886
00:38:42,721 --> 00:38:47,096
that you thought he wanted
to hear so that he would stop?
887
00:38:47,461 --> 00:38:49,262
Yes.
888
00:38:49,585 --> 00:38:52,487
Similar to what happened
to you with your mother
889
00:38:52,512 --> 00:38:54,000
when you were six?
890
00:38:54,025 --> 00:38:55,495
That's right.
891
00:38:55,520 --> 00:39:01,195
Did your father ever do that
to you before you recanted?
892
00:39:01,220 --> 00:39:03,488
No, not at all.
893
00:39:03,513 --> 00:39:05,347
In fact, after your father was taken away,
894
00:39:05,372 --> 00:39:06,873
you tried to tell the truth
895
00:39:06,898 --> 00:39:09,596
to your teacher, to Detective McCormack,
896
00:39:09,621 --> 00:39:11,995
and to ADA O'Dwyer.
897
00:39:12,020 --> 00:39:14,396
Yes, but they wouldn't listen.
898
00:39:15,294 --> 00:39:18,296
I'm listening, Michelle.
899
00:39:19,078 --> 00:39:23,995
Did your father rape you that night?
900
00:39:28,065 --> 00:39:31,991
No. No, he didn't.
901
00:39:34,744 --> 00:39:36,419
Thank you.
902
00:39:58,075 --> 00:40:03,324
Michelle, you all right?
903
00:40:03,349 --> 00:40:05,283
What happened to me up there?
904
00:40:05,308 --> 00:40:06,879
O'Dwyer kept going at you
905
00:40:06,904 --> 00:40:08,379
until you said what he wanted you to say,
906
00:40:08,404 --> 00:40:10,372
but Mr. Ellis is gonna
make sure that the jury
907
00:40:10,397 --> 00:40:12,031
saw that for what it was.
908
00:40:12,056 --> 00:40:13,778
If you say so.
909
00:40:13,803 --> 00:40:16,778
When I was up there, I started wondering.
910
00:40:16,803 --> 00:40:20,379
Am I doing all this
for my father or for me?
911
00:40:21,526 --> 00:40:24,569
You have no idea what
it's like having everyone
912
00:40:24,594 --> 00:40:27,361
think that my father did that to me.
913
00:40:27,856 --> 00:40:29,957
I used to say he was dead.
914
00:40:30,054 --> 00:40:32,488
I just want that part
of my life to be over.
915
00:40:32,513 --> 00:40:34,080
It is.
916
00:40:34,105 --> 00:40:37,107
You made sure that the
truth was heard this time.
917
00:40:37,132 --> 00:40:39,100
Right, the truth.
918
00:40:39,125 --> 00:40:42,886
The truth is, I don't really remember.
919
00:40:56,165 --> 00:40:58,377
_
920
00:40:58,402 --> 00:41:00,236
Ladies and gentleman of the jury,
921
00:41:00,261 --> 00:41:01,884
have you reached a verdict?
922
00:41:01,909 --> 00:41:03,834
We have, Your Honor.
923
00:41:03,859 --> 00:41:06,533
On the charge of rape in the first degree,
924
00:41:06,558 --> 00:41:10,655
we find the defendant, Derek Thompson,
925
00:41:10,813 --> 00:41:12,335
not guilty.
926
00:41:12,360 --> 00:41:14,236
Yes.
927
00:41:14,261 --> 00:41:16,636
The State of New York
thanks you for your service.
928
00:41:16,661 --> 00:41:19,636
Derek Thompson, if there are no holds,
929
00:41:19,661 --> 00:41:21,736
you are free to go.
930
00:41:41,111 --> 00:41:42,478
Thank you, Olivia.
931
00:41:42,503 --> 00:41:44,291
We did the right thing.
932
00:41:52,046 --> 00:41:54,214
Did we?
933
00:42:02,544 --> 00:42:05,684
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9999
00:00:0,500 --> 00:00:2,00
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