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- In the criminal justice
system,
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sexually based offenses
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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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00:00:16,190 --> 00:00:17,495
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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- [sighs]
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[rings doorbell]
Trick or treat!
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[laughter]
Hi, Mom.
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- Ellis, honey, come in.
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- There you go.
- Oh! Patrick, look!
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Aren't these beautiful?
- Ooh, nice.
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both: Hey!
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- Oh, wow. Mm.
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[sniffs] Oh, I should have
never moved out.
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00:00:49,049 --> 00:00:52,008
- Yeah, but then who would
bring me very expensive wine?
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- You like it?
Bordeaux.
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It's mostly cab,
a little Merlot.
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My boss recommended it...
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Right after he gave me
a promotion.
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- What?
- Yep, you're looking at
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Goldman Sachs'
newest fixed income trader.
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- What is that,
200, 300 grand a year?
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Double what I make.
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- Oh, honey,
we're so proud of you.
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- Thanks, Mom. Thanks.
- Oh, let's celebrate.
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[cell phone vibrates]
- Yeah, yeah,
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I can't stay too long.
- I know.
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It's Halloween weekend.
You've got parties.
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- Don't be too hungover
tomorrow morning.
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We are going to clean
that garage.
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Unless, of course,
you are too big time
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to help out your old man.
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[laughter]
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- Hi. I'm Ellis.
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Who are you supposed to be?
- My cousin, Janie.
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And we're going to dance.
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Without you.
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- Wait. He's cute.
- [chuckles] No.
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00:02:20,531 --> 00:02:24,318
- Hey, here.
Let me.
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Secret stash.
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00:02:29,845 --> 00:02:34,241
- Okay.
Uh, Jordan Spieth.
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- [laughs]
Oh, this isn't a costume.
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It's just what I wear.
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Plus, my--my hairline
is way more solid.
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Do you like golf?
- No.
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00:02:44,468 --> 00:02:48,472
- No?
- See you out there.
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- [sighs]
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Oh, I'm--I'm sorry.
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The door was unlocked.
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Are you all right?
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- I know you.
Evan.
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- [laughs] Ellis.
- Oh. [laughs]
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You--
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It's really hot in here.
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- [chuckles]
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- Hey, get off me.
- Get away from her.
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- What are you doing?
- What's your problem, dude?
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All right, dude. It's cool.
- I'm not looking
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to get into it with you, mate.
- Okay, then get
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00:03:36,825 --> 00:03:38,653
the hell out of here, mate.
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00:03:38,696 --> 00:03:40,350
- What? Are you kidding?
What? you called the cops?
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00:03:40,394 --> 00:03:41,482
- One of you call 911?
- I did.
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00:03:41,525 --> 00:03:42,744
- Nothing's
going on here, okay?
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00:03:42,787 --> 00:03:46,878
- This guy raped that girl.
- No, no, no.
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00:03:46,922 --> 00:03:48,010
What are you talking about?
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No, I did not, I--
- Step back, sir.
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- I did not, no, listen!
This is crazy.
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Okay, this is--
I didn't do anything.
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I did not--
I did not do anything.
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00:03:54,103 --> 00:03:56,366
[cell phone beeps]
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I didn't--
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- Hey, Lieutenant.
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00:04:07,551 --> 00:04:09,292
- Hey, I'm on my way home.
What do we got?
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- Possible attempted rape, 122.
- No, that's not what happened.
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00:04:11,816 --> 00:04:14,602
- Where's the vic?
- Mercy. Rollins is on her way.
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00:04:14,645 --> 00:04:16,908
- [sighs]
Put him in interrogation.
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00:04:16,952 --> 00:04:18,345
- Let's go.
- Go on to the interview room.
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00:04:18,388 --> 00:04:20,042
- Yeah, he did not
witness anything.
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00:04:20,085 --> 00:04:21,783
- All right, hey,
would you just have a seat?
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00:04:21,826 --> 00:04:23,611
- No, the English dude,
okay, what he thought he saw,
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00:04:23,654 --> 00:04:24,873
he was mistaken.
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00:04:24,916 --> 00:04:27,397
Okay, just let me explain.
This'll all go away.
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00:04:27,441 --> 00:04:29,965
All right?
- Eh, I don't think so.
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It's already gone viral.
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[dramatic music]
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♪
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00:05:24,585 --> 00:05:27,892
- Okay, Rollins.
Yeah, keep us posted.
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00:05:27,936 --> 00:05:30,808
- Our vic, Janie Spears,
still unconscious,
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high blood alcohol.
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00:05:32,549 --> 00:05:33,985
And this kid's
claiming consensual?
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00:05:34,029 --> 00:05:36,379
- Yeah. Ellis Griffin,
says he met Janie at a party.
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00:05:36,423 --> 00:05:38,425
They were having
al fresco sex in the park,
96
00:05:38,468 --> 00:05:41,471
when a tourist, Brian Dancy,
"misinterpreted,"
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00:05:41,515 --> 00:05:42,733
called 911.
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00:05:42,777 --> 00:05:45,475
- A he-said, he-said,
she-can't-say.
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00:05:45,519 --> 00:05:47,347
- Okay.
And Ellis was drinking, too?
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00:05:47,390 --> 00:05:49,349
- Yeah, from the smell
of it, a lot.
101
00:05:49,392 --> 00:05:50,785
- He ask for a phone call?
Lawyer?
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00:05:50,828 --> 00:05:52,482
- Nah, he's eager
to tell us his side.
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00:05:52,526 --> 00:05:54,310
- All right,
let's get him some coffee.
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00:05:54,354 --> 00:05:55,833
Get a statement.
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00:05:55,877 --> 00:05:58,793
Fin?
- British Brian, on it.
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00:05:58,836 --> 00:06:00,534
[sighs]
107
00:06:00,577 --> 00:06:02,840
[cell phone beeps]
- Hey, Lucy, I'm so sorry.
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00:06:02,884 --> 00:06:05,626
I'm gonna be even later.
Bye.
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00:06:07,541 --> 00:06:09,673
- Hey, Ellis.
- Hi.
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00:06:09,717 --> 00:06:12,850
I brought you some coffee.
- No, I'm okay.
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00:06:12,894 --> 00:06:15,636
- I'm Lieutenant Benson.
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00:06:15,679 --> 00:06:18,769
We just wanted to make sure that
you're clear-minded enough
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to answer some questions.
114
00:06:21,685 --> 00:06:25,385
So, Ellis, why don't we start
by you telling us
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what happened tonight.
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00:06:26,908 --> 00:06:29,519
- I was at a Halloween party.
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Janie--Janie and I met.
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00:06:31,216 --> 00:06:33,044
We were dancing,
we were hanging out, drinking,
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00:06:33,088 --> 00:06:35,046
dancing, etcetera.
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00:06:35,090 --> 00:06:37,875
- Ellis, uh, we need details.
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00:06:37,919 --> 00:06:39,747
So it'd be helpful
if you could expand on
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00:06:39,790 --> 00:06:42,140
that whole "etcetera" part.
- I'm a little nervous.
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00:06:42,184 --> 00:06:43,925
Not 'cause I did
anything wrong--
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- Ellis, take your time.
All right?
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Just--just tell us
what happened.
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- Uh, I, uh, it really started
um, when I ran into her
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in the bathroom.
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00:06:55,066 --> 00:06:58,200
She said she wanted some air,
so we went outside.
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00:06:58,243 --> 00:07:00,115
- Okay, you remember
what time that was?
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00:07:00,158 --> 00:07:02,900
- I don't--
after midnight?
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00:07:02,944 --> 00:07:04,511
I don't know.
She seemed drunk,
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00:07:04,554 --> 00:07:06,817
but she was fine.
- "Fine"?
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00:07:06,861 --> 00:07:09,080
"Fine"? What does that mean?
- She was, uh, she was talking.
134
00:07:09,124 --> 00:07:10,952
She was laughing.
135
00:07:10,995 --> 00:07:13,955
Um, yeah, so we
walked through the park.
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00:07:13,998 --> 00:07:15,173
That's when she kissed me.
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00:07:15,217 --> 00:07:18,525
Yeah, but I swear to God,
she was into it.
138
00:07:18,568 --> 00:07:21,702
- That girl was not into it.
- How could you tell that?
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00:07:21,745 --> 00:07:25,009
- She wasn't moving.
He was on top of her, thrusting.
140
00:07:25,053 --> 00:07:26,271
- Okay, so what did you do?
141
00:07:26,315 --> 00:07:28,752
- I shouted, "Stop."
Perv didn't hear me.
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00:07:28,796 --> 00:07:30,711
He was getting off
on a helpless girl.
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So I called 911.
144
00:07:32,060 --> 00:07:34,018
- What'd you do
till the cops showed up?
145
00:07:34,062 --> 00:07:36,804
- I went to pull him off her,
he stood up, zipped his fly.
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00:07:36,847 --> 00:07:40,242
Said, "She's fine."
- But she wasn't.
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00:07:40,285 --> 00:07:42,679
- All right, so you
and Janie are kissing.
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00:07:42,723 --> 00:07:44,942
- Mm-hmm.
- Right. So how does it--
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00:07:44,986 --> 00:07:46,814
how does it move past that?
150
00:07:46,857 --> 00:07:49,991
- Um, so--
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00:07:50,034 --> 00:07:51,862
Yeah, we--we--
we were getting into it
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00:07:51,906 --> 00:07:56,737
and, uh, yeah,
I felt her pull at my belt.
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- Keep going.
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00:07:58,260 --> 00:08:01,306
- She fell back onto a pile of
garbage bags that were--
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00:08:01,350 --> 00:08:02,917
were stacked up.
156
00:08:02,960 --> 00:08:04,266
Okay, and I--
[sighs]
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00:08:04,309 --> 00:08:06,877
I fell on top of her,
and when we--
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00:08:06,921 --> 00:08:09,314
when we got our bearings, it--
[laughs]
159
00:08:09,358 --> 00:08:13,405
And we--it felt
kinda romantic, you know?
160
00:08:13,449 --> 00:08:15,320
And--
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I kissed her again.
And--and then we--
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00:08:18,454 --> 00:08:20,761
- And you--
- We started--
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00:08:20,804 --> 00:08:23,633
we started to have sex.
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00:08:23,677 --> 00:08:25,243
Okay, I know it--
it's not great.
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00:08:25,287 --> 00:08:28,029
It's not great to have sex like
that by the garbage, I know.
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00:08:28,072 --> 00:08:30,292
But that--that's what it was.
That is what it was.
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00:08:30,335 --> 00:08:33,861
It was sex between
two consenting adults.
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00:08:33,904 --> 00:08:35,819
- She consented?
169
00:08:35,863 --> 00:08:38,300
You heard her say, "Yes"?
- Yes.
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00:08:38,343 --> 00:08:40,737
Yes! Yes, we were enjoying
each other the whole time.
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00:08:40,781 --> 00:08:43,348
Until the--the British guy
started yelling at us
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and the cops showed up.
- Okay, Ellis,
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well, the British guy,
our witness,
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00:08:48,440 --> 00:08:51,835
he said it seemed like
she was unconscious to him.
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00:08:51,879 --> 00:08:54,708
- [sighs] Oh, yeah, maybe--
maybe she fell asleep.
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00:08:54,751 --> 00:09:00,235
Okay, but saying I raped her,
that is crazy.
177
00:09:00,278 --> 00:09:03,020
- Okay, Ellis, I can see
why you might feel that way.
178
00:09:03,064 --> 00:09:05,936
- [sighs] I feel like that
because that is the truth.
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00:09:05,980 --> 00:09:08,286
[cell phone dings]
- Ask Janie.
180
00:09:08,330 --> 00:09:11,028
- Uh, we will.
181
00:09:11,072 --> 00:09:13,117
Janie just came to.
182
00:09:14,249 --> 00:09:16,294
Be right back.
183
00:09:19,559 --> 00:09:21,865
- Janie, do you know
why you're here?
184
00:09:21,909 --> 00:09:23,911
- Because I'm an idiot
and got alcohol poisoning.
185
00:09:23,954 --> 00:09:26,827
- You were found in the park,
um, last night,
186
00:09:26,870 --> 00:09:30,178
lying next to
some garbage bags.
187
00:09:30,221 --> 00:09:31,483
- That's why my hair stinks.
188
00:09:31,527 --> 00:09:34,748
- And when you were found,
you were unconscious.
189
00:09:34,791 --> 00:09:38,447
Do you remember being there
with--with anyone?
190
00:09:38,490 --> 00:09:40,884
- No, I don't.
191
00:09:40,928 --> 00:09:43,408
Like who?
- A witness said
192
00:09:43,452 --> 00:09:46,237
they saw you with a man.
193
00:09:46,281 --> 00:09:49,284
Do you recall
having sex last night?
194
00:09:49,327 --> 00:09:52,330
- No. I don't.
195
00:09:52,374 --> 00:09:57,074
I didn't, okay?
I-I remember--
196
00:09:57,118 --> 00:09:58,946
I remember being at the party.
197
00:09:58,989 --> 00:10:00,991
- Did you leave there
with someone?
198
00:10:07,258 --> 00:10:11,567
- I don't know who I was with.
199
00:10:11,611 --> 00:10:14,439
Oh, my God, that's why
I'm sore down there.
200
00:10:14,483 --> 00:10:17,834
- We'd like to do a rape kit.
- A rape kit?
201
00:10:17,878 --> 00:10:19,357
I don't have insurance.
202
00:10:19,401 --> 00:10:20,402
How much is it?
203
00:10:20,445 --> 00:10:22,360
- It's no charge.
204
00:10:22,404 --> 00:10:24,580
- Uh, there's
a Leah Simes here.
205
00:10:24,624 --> 00:10:26,190
- That's my cousin.
- Okay.
206
00:10:26,234 --> 00:10:28,584
She was at the party.
- Yeah, she's been calling you.
207
00:10:28,628 --> 00:10:31,500
- Can I see her, please?
- Yeah.
208
00:10:31,543 --> 00:10:33,023
- You're Detective Rollins?
- Yeah.
209
00:10:33,067 --> 00:10:34,459
- Talking to Janie
about what happened.
210
00:10:34,503 --> 00:10:36,461
- Janie, are you okay?
- Yeah, what happened to me?
211
00:10:36,505 --> 00:10:38,855
- You were raped.
- How do you know that?
212
00:10:38,899 --> 00:10:40,335
- It's all over the Internet.
People have been
213
00:10:40,378 --> 00:10:42,511
tweeting about it,
calling her Garbage Rape Girl,
214
00:10:42,554 --> 00:10:44,252
thrown out with the trash.
215
00:10:44,295 --> 00:10:46,036
- They're saying that
somebody had sex with me
216
00:10:46,080 --> 00:10:47,864
while I was passed out?
217
00:10:47,908 --> 00:10:49,692
- Janie, you had a lot
to drink last night.
218
00:10:49,736 --> 00:10:51,607
Now do you remember
consenting to sex?
219
00:10:51,651 --> 00:10:54,523
- No, I never would have said
"Okay" on the ground like that.
220
00:10:54,566 --> 00:10:55,567
- He raped her.
221
00:10:55,611 --> 00:10:58,658
That son of a bitch
raped my cousin.
222
00:11:01,965 --> 00:11:05,012
[door opens]
223
00:11:05,055 --> 00:11:06,709
- Someplace you gotta be
on Saturday?
224
00:11:06,753 --> 00:11:10,017
- Uh, I'm supposed to help
my father clean out the garage.
225
00:11:10,060 --> 00:11:12,410
- Ellis, um,
we spoke with Janie.
226
00:11:12,454 --> 00:11:14,978
And she doesn't remember
what happened.
227
00:11:15,022 --> 00:11:16,501
- Maybe I could talk to her.
228
00:11:16,545 --> 00:11:18,329
All right, I'm sure she'd
remember if she sees my face.
229
00:11:18,373 --> 00:11:20,331
- Yeah, well, that may be,
but we can't do that right now.
230
00:11:20,375 --> 00:11:23,073
- But we would like is to take
a DNA sample from you.
231
00:11:23,117 --> 00:11:25,641
Now, you can volunteer.
- Or we can make a call.
232
00:11:25,685 --> 00:11:27,251
We can get a warrant.
- No, no, no, no, no.
233
00:11:27,295 --> 00:11:28,992
No, you don't have to do that.
- Okay, good,
234
00:11:29,036 --> 00:11:31,778
'cause I'll need your consent.
- I really, really
235
00:11:31,821 --> 00:11:33,257
have to get out of here.
236
00:11:33,301 --> 00:11:35,172
- Well, this will be quick.
237
00:11:35,216 --> 00:11:38,262
Open your mouth.
238
00:11:38,306 --> 00:11:40,177
- Liv, we have a situation.
239
00:11:40,221 --> 00:11:44,747
Carisi, you may want to
step out, too.
240
00:11:47,141 --> 00:11:48,577
- What's up?
- Kid's father's shutting down
241
00:11:48,620 --> 00:11:50,535
the interview.
- Well, he can't do that.
242
00:11:50,579 --> 00:11:52,146
Ellis is 22.
He didn't ask for a lawyer.
243
00:11:52,189 --> 00:11:53,800
- Who is this guy?
- He says he's on the job
244
00:11:53,843 --> 00:11:58,718
from Nassau County, PD.
245
00:11:58,761 --> 00:12:00,197
- Patrick?
246
00:12:00,241 --> 00:12:04,419
- Olivia.
- Patrick Griffin.
247
00:12:04,462 --> 00:12:07,117
- You two know each other?
248
00:12:07,161 --> 00:12:09,598
- Um, my first partner.
249
00:12:17,475 --> 00:12:19,477
- I didn't know that
you had a son.
250
00:12:19,521 --> 00:12:21,088
- Ellis didn't show up
this morning.
251
00:12:21,131 --> 00:12:23,264
He wasn't answering calls,
so I traced his cell
252
00:12:23,307 --> 00:12:25,266
and I thought maybe
he was mugged or worse.
253
00:12:25,309 --> 00:12:27,877
- He's fine. He's unhurt.
- Why is he in
254
00:12:27,921 --> 00:12:30,140
an interrogation room?
- He's under investigation.
255
00:12:30,184 --> 00:12:33,230
- For what?
- For rape.
256
00:12:33,274 --> 00:12:35,102
- He is not answering
any more questions.
257
00:12:35,145 --> 00:12:37,365
- Okay, he won't
be questioned further
258
00:12:37,408 --> 00:12:38,714
without an attorney present.
259
00:12:38,758 --> 00:12:41,499
- I want any statements
that he's made thrown out.
260
00:12:41,543 --> 00:12:43,850
- You know that
I can't do that.
261
00:12:43,893 --> 00:12:45,373
Look, he came in
voluntarily.
262
00:12:45,416 --> 00:12:47,810
This isn't
a custodial situation.
263
00:12:47,854 --> 00:12:49,116
He didn't ask for a lawyer.
264
00:12:49,159 --> 00:12:50,987
He didn't tell us
that his father was a cop.
265
00:12:51,031 --> 00:12:55,470
- I'm taking him out of here.
- Okay.
266
00:12:55,513 --> 00:12:57,211
- Shoot me straight.
267
00:12:57,254 --> 00:12:58,473
Is there any evidence
there or--
268
00:12:58,516 --> 00:12:59,822
- We have a witness
who puts him
269
00:12:59,866 --> 00:13:01,911
on top of an unconscious vic.
270
00:13:01,955 --> 00:13:05,001
- I see.
So this must be a mistake.
271
00:13:07,177 --> 00:13:08,396
- Okay.
272
00:13:08,439 --> 00:13:10,180
[door opens]
- Dad, what are you doing here?
273
00:13:10,224 --> 00:13:11,660
- Don't say another word.
We're leaving.
274
00:13:11,703 --> 00:13:13,270
- Ellis, please don't
leave town.
275
00:13:13,314 --> 00:13:15,011
- Dad, I swear to God,
I did not rape her.
276
00:13:15,055 --> 00:13:17,013
I've been trying to explain.
- I know. Stop talking!
277
00:13:17,057 --> 00:13:19,015
Olivia, I wish I could say
it was nice to see you.
278
00:13:19,059 --> 00:13:20,974
Let's go.
279
00:13:23,063 --> 00:13:26,022
- You okay?
- Yeah.
280
00:13:26,066 --> 00:13:28,329
Griffin and I go way back.
281
00:13:28,372 --> 00:13:31,071
When I got out of the Academy,
I was assigned to the 55.
282
00:13:31,114 --> 00:13:33,900
And he looked out for me,
you know?
283
00:13:33,943 --> 00:13:36,206
He--he taught me a lot.
284
00:13:36,250 --> 00:13:37,642
- We went by the book,
Lieutenant.
285
00:13:37,686 --> 00:13:40,080
- Why didn't the kid tell us
his father was on the job?
286
00:13:40,123 --> 00:13:42,604
First thing I taught my son
was never talk to the cops.
287
00:13:42,647 --> 00:13:44,084
- Well, he doesn't think
he did anything wrong.
288
00:13:44,127 --> 00:13:45,476
- That was his second mistake.
289
00:13:45,520 --> 00:13:48,392
His first mistake was humping
a passed out girl.
290
00:13:48,436 --> 00:13:49,959
- We got Ellis' side
of the story.
291
00:13:50,003 --> 00:13:51,091
I wanna hear Janie's.
292
00:13:51,134 --> 00:13:53,615
- I'll let Rollins know.
293
00:13:57,097 --> 00:13:58,620
- Hi, Janie.
294
00:13:58,663 --> 00:14:01,928
I'm Lieutenant Benson,
from SVU.
295
00:14:01,971 --> 00:14:04,365
How are you feeling?
- A little better.
296
00:14:04,408 --> 00:14:06,106
When can I get
my clothes back?
297
00:14:06,149 --> 00:14:07,237
- When we're done
processing them.
298
00:14:07,281 --> 00:14:09,631
It's part of the rape kit.
299
00:14:09,674 --> 00:14:12,416
- That sounds so weird.
300
00:14:12,460 --> 00:14:14,723
That I was raped.
301
00:14:14,766 --> 00:14:18,118
I guess I was.
302
00:14:18,161 --> 00:14:20,685
- So, Janie, it's been--
it's been a few hours
303
00:14:20,729 --> 00:14:23,601
since you
regained consciousness.
304
00:14:23,645 --> 00:14:25,777
Were you able
to remember anything else?
305
00:14:25,821 --> 00:14:26,996
- Not really.
306
00:14:27,040 --> 00:14:28,128
It's still fuzzy.
307
00:14:28,171 --> 00:14:32,393
- Well, memory can be
a tricky thing.
308
00:14:32,436 --> 00:14:35,309
So anything you do recall
would be very helpful.
309
00:14:35,352 --> 00:14:40,183
- I vaguely remember a guy
barging into the bathroom.
310
00:14:40,227 --> 00:14:42,882
Leah knows him.
311
00:14:42,925 --> 00:14:46,059
Ellis.
312
00:14:46,102 --> 00:14:48,626
- Okay, I'd like to, um--
313
00:14:48,670 --> 00:14:50,106
I'd like to show you
some photos
314
00:14:50,150 --> 00:14:53,109
and so you can make an ID.
315
00:14:57,853 --> 00:14:59,159
- Him.
316
00:14:59,202 --> 00:15:02,162
Yeah, Ellis.
317
00:15:02,205 --> 00:15:03,641
It was him?
318
00:15:03,685 --> 00:15:07,994
- Well, Janie, Ellis says
that you followed him outside,
319
00:15:08,037 --> 00:15:11,345
willingly,
and then you kissed him.
320
00:15:11,388 --> 00:15:14,304
And then you had
consensual sex.
321
00:15:14,348 --> 00:15:16,219
- I remember kissing him.
322
00:15:16,263 --> 00:15:17,960
- Okay, do you remember
having sex?
323
00:15:18,004 --> 00:15:21,007
- No, I remember feeling guilty
about kissing him.
324
00:15:21,050 --> 00:15:23,792
- Yeah, but you did
kiss him willingly?
325
00:15:23,835 --> 00:15:26,099
- Yes.
I mean, I think so.
326
00:15:26,142 --> 00:15:27,970
- Why were you feeling guilty?
327
00:15:28,014 --> 00:15:31,191
- I broke up with
my boyfriend a week ago.
328
00:15:31,234 --> 00:15:34,194
I texted him last night.
329
00:15:34,237 --> 00:15:35,760
I don't think that
I would hook up with
330
00:15:35,804 --> 00:15:38,285
somebody else so soon,
especially somebody
331
00:15:38,328 --> 00:15:40,026
who dated Leah.
332
00:15:40,069 --> 00:15:42,419
- Uh--Ellis dated your cousin?
333
00:15:42,463 --> 00:15:44,334
- Yeah, just like, once.
334
00:15:44,378 --> 00:15:47,816
- I'll talk to Leah.
335
00:15:47,859 --> 00:15:51,167
- Okay. So, Janie,
what I'd like to do is--
336
00:15:51,211 --> 00:15:55,215
is go over everything
that you do remember
337
00:15:55,258 --> 00:15:56,216
from the beginning.
338
00:15:56,259 --> 00:15:58,305
Is that okay?
339
00:15:59,610 --> 00:16:02,048
- Ellis and I hooked up
last year.
340
00:16:02,091 --> 00:16:04,050
He seems nice up front,
but he's aggressive.
341
00:16:04,093 --> 00:16:07,140
- Aggressive in what way?
- Sexually.
342
00:16:07,183 --> 00:16:08,489
- Let's get back to Janie.
343
00:16:08,532 --> 00:16:12,014
Did you see her and him
interact at the party?
344
00:16:12,058 --> 00:16:13,842
- Janie thought he was hot,
but she was too drunk
345
00:16:13,885 --> 00:16:15,365
to realize what she wanted.
346
00:16:15,409 --> 00:16:18,586
- When a girl says she just
broke up with her boyfriend--
347
00:16:18,629 --> 00:16:20,240
- Ellis told you
Janie said that?
348
00:16:20,283 --> 00:16:24,157
- Yeah, and then I saw Janie
pull Ellis to the door.
349
00:16:24,200 --> 00:16:26,159
- So it looked like Janie
was initiating?
350
00:16:26,202 --> 00:16:27,421
- Absolutely.
351
00:16:27,464 --> 00:16:29,336
She was all over him.
352
00:16:29,379 --> 00:16:33,296
- Did she seem drunk?
- Not anymore than anyone else.
353
00:16:33,340 --> 00:16:36,125
- I'm friends with Ellis.
What he's being accused of
354
00:16:36,169 --> 00:16:37,953
is impossible.
- Why's that?
355
00:16:37,997 --> 00:16:40,129
- He's super cute.
He's got a great job.
356
00:16:40,173 --> 00:16:43,263
Girls throw themselves at him,
including me.
357
00:16:43,306 --> 00:16:45,395
He wouldn't need to
take advantage of anyone.
358
00:16:45,439 --> 00:16:47,397
- Janie and I were going
to share a ride home.
359
00:16:47,441 --> 00:16:48,659
I went to say goodbye
to my friends.
360
00:16:48,703 --> 00:16:51,575
When I got back,
Janie and Ellis were gone.
361
00:16:51,619 --> 00:16:54,056
I heard the cops are
talking to Ellis about rape?
362
00:16:54,100 --> 00:16:57,190
- We're just trying to figure
out exactly what happened.
363
00:16:57,233 --> 00:16:58,278
- [sighs]
364
00:16:58,321 --> 00:17:01,629
Ellis kept trying
to dance with Janie.
365
00:17:01,672 --> 00:17:04,153
Uh, trying to hook up.
366
00:17:04,197 --> 00:17:08,027
She was so wasted,
I guess he got what he wanted.
367
00:17:08,070 --> 00:17:09,550
- Well, the witnesses
were a wash.
368
00:17:09,593 --> 00:17:11,639
Some say that Janie
was too drunk to consent
369
00:17:11,682 --> 00:17:14,207
and some say that she was
completely fine
370
00:17:14,250 --> 00:17:16,383
and hanging all over Ellis.
- The rape kit?
371
00:17:16,426 --> 00:17:19,299
- Oh, it's positive for semen
and a match to Ellis.
372
00:17:19,342 --> 00:17:20,691
But he's not denying the sex.
373
00:17:20,735 --> 00:17:21,910
- Just the consent.
- Yes.
374
00:17:21,953 --> 00:17:23,390
- Which Janie still doesn't
remember giving.
375
00:17:23,433 --> 00:17:27,220
- Yes. And our British witness
is sticking to his story
376
00:17:27,263 --> 00:17:31,093
that Ellis was seen having sex
on top of the victim,
377
00:17:31,137 --> 00:17:32,486
who appeared unconscious.
378
00:17:32,529 --> 00:17:33,704
- Well, if he's credible,
that should be enough.
379
00:17:33,748 --> 00:17:37,404
So listen, the father,
your old partner,
380
00:17:37,447 --> 00:17:40,059
you--are you two close?
- Yeah, we were.
381
00:17:40,102 --> 00:17:41,408
- Yeah.
- He was my mentor.
382
00:17:41,451 --> 00:17:45,542
He was--and a friend.
383
00:17:45,586 --> 00:17:48,154
And now I have to call him up
and let him know
384
00:17:48,197 --> 00:17:52,506
that I will be arresting
his only son for rape.
385
00:17:52,549 --> 00:17:54,595
- [sighs]
Okay.
386
00:17:58,381 --> 00:17:59,469
- Thank you for coming in.
387
00:17:59,513 --> 00:18:01,167
- We're here voluntarily.
388
00:18:01,210 --> 00:18:02,820
I'm gonna sit in,
unless there's a problem.
389
00:18:02,864 --> 00:18:04,692
- No, not if Ellis
is okay with it.
390
00:18:04,735 --> 00:18:07,651
- Ellis requested that his
lawyer and father be present.
391
00:18:07,695 --> 00:18:09,523
- Okay.
392
00:18:09,566 --> 00:18:11,351
Okay, so, um,
393
00:18:11,394 --> 00:18:15,137
I should start by telling you
that this is serious.
394
00:18:15,181 --> 00:18:17,313
That Janie Spears
has been consistent.
395
00:18:17,357 --> 00:18:20,316
That she has no memory
of consenting.
396
00:18:20,360 --> 00:18:22,666
- And the rape kit confirms
it's Ellis' DNA.
397
00:18:22,710 --> 00:18:24,320
- Which is consistent
with his story
398
00:18:24,364 --> 00:18:25,800
that they had consensual sex.
399
00:18:25,843 --> 00:18:30,239
- We also have a witness
who saw Ellis on top of Janie
400
00:18:30,283 --> 00:18:31,762
and she appeared to be
incapacitated.
401
00:18:31,806 --> 00:18:34,852
- That is not what happened--
- Ellis, Ellis.
402
00:18:34,896 --> 00:18:37,159
So why are we here?
403
00:18:37,203 --> 00:18:40,510
- The DA's office will be
charging Ellis with rape.
404
00:18:40,554 --> 00:18:44,427
So we're giving you
an opportunity as a courtesy.
405
00:18:44,471 --> 00:18:47,430
Ellis, if there is
any part of your story
406
00:18:47,474 --> 00:18:49,606
that you wanna change,
any part of your story
407
00:18:49,650 --> 00:18:53,262
that you left out,
now is the time.
408
00:18:53,306 --> 00:18:55,612
Maybe we can resolve this.
- I didn't leave anything out.
409
00:18:55,656 --> 00:18:56,613
What I said--
- No, no.
410
00:18:56,657 --> 00:18:57,658
No more talking, Ellis.
411
00:18:57,701 --> 00:18:59,573
You're not trying
to resolve this.
412
00:18:59,616 --> 00:19:01,227
You're trying to bury him.
413
00:19:01,270 --> 00:19:02,532
- Patrick, that is not
what's happening here.
414
00:19:02,576 --> 00:19:05,753
- We're just trying to give him
one more chance.
415
00:19:05,796 --> 00:19:07,189
- Before what?
416
00:19:07,233 --> 00:19:09,452
Before you arrest him?
417
00:19:09,496 --> 00:19:11,498
I assume that you're gonna
extend him the courtesy
418
00:19:11,541 --> 00:19:13,326
of letting him say goodbye
to his mother?
419
00:19:13,369 --> 00:19:14,979
- Patrick, you need to
listen to me.
420
00:19:15,023 --> 00:19:18,418
- On my shield, he will be here
first thing tomorrow morning.
421
00:19:18,461 --> 00:19:23,379
We want nothing more than to
prove his innocence.
422
00:19:23,423 --> 00:19:27,905
- 8:00 a.m. tomorrow.
- Okay.
423
00:19:34,042 --> 00:19:37,872
[knocks on door]
- Olivia, can I have a word?
424
00:19:37,915 --> 00:19:40,614
- Patrick, I'm trying to be
as straight with you as I can.
425
00:19:40,657 --> 00:19:42,485
The evidence indicates rape.
426
00:19:42,529 --> 00:19:46,750
- Please, sit down.
Please.
427
00:19:49,405 --> 00:19:52,800
Don't do this, Olivia.
- [sighs]
428
00:19:52,843 --> 00:19:57,413
- I am asking you as someone
who used to be your friend.
429
00:19:57,457 --> 00:19:58,980
Your partner.
430
00:19:59,023 --> 00:20:02,331
You and I both know that
you can make this go away.
431
00:20:02,375 --> 00:20:05,508
- I can't.
432
00:20:05,552 --> 00:20:08,076
- This is our only child.
433
00:20:08,119 --> 00:20:11,297
It will destroy my boy.
434
00:20:12,776 --> 00:20:16,084
- I'm sorry, Patrick.
435
00:20:16,127 --> 00:20:20,610
But this is where we are.
436
00:20:20,654 --> 00:20:24,919
- Our first bust, you followed
a perp into a room alone.
437
00:20:24,962 --> 00:20:27,008
He claimed missing cash,
missing drugs.
438
00:20:27,051 --> 00:20:28,705
- You and I both know
that I didn't pocket
439
00:20:28,749 --> 00:20:30,054
those drugs or that cash.
440
00:20:30,098 --> 00:20:33,406
- Yeah, but if I hadn't
have testified at IAB
441
00:20:33,449 --> 00:20:35,582
that I was in that room--
- I would've been jammed up
442
00:20:35,625 --> 00:20:38,149
for a rookie mistake.
- Exactly.
443
00:20:38,193 --> 00:20:41,109
Just like you, Ellis made
a rookie mistake.
444
00:20:41,152 --> 00:20:42,589
- [sighs]
- She was drunk.
445
00:20:42,632 --> 00:20:44,721
He should've known better.
- Yes, he should've.
446
00:20:48,769 --> 00:20:51,554
This is not the same
as you and me.
447
00:20:51,598 --> 00:20:52,555
This is different.
448
00:20:52,599 --> 00:20:55,558
Your son raped
an unconscious girl.
449
00:20:59,606 --> 00:21:02,609
This isn't going away,
Patrick.
450
00:21:07,788 --> 00:21:10,965
- Then you are looking at
the fight of your life.
451
00:21:11,008 --> 00:21:14,360
You and the DA
452
00:21:14,403 --> 00:21:16,797
and your whole damn department.
453
00:21:24,152 --> 00:21:25,806
- The whole case comes down
to consent.
454
00:21:25,849 --> 00:21:27,242
- Janie still doesn't remember,
455
00:21:27,286 --> 00:21:29,679
but she says she definitely
would have never had sex
456
00:21:29,723 --> 00:21:30,854
under those circumstances.
- Okay, when is the last time
457
00:21:30,898 --> 00:21:31,899
you talked to her, though?
458
00:21:31,942 --> 00:21:33,422
'Cause memory comes back
in pieces.
459
00:21:33,466 --> 00:21:35,424
- Well, I've gone over
her story a half a dozen times.
460
00:21:35,468 --> 00:21:37,948
She doesn't recall consent.
- Yeah, but also,
461
00:21:37,992 --> 00:21:39,428
she doesn't recall
not consenting.
462
00:21:39,472 --> 00:21:40,690
- Lucky for us,
463
00:21:40,734 --> 00:21:42,866
we have the British witness
in the hotel room,
464
00:21:42,910 --> 00:21:45,173
on NYPD's dime,
waiting to testify.
465
00:21:45,216 --> 00:21:47,958
- All right, and he was
20 feet away; it was dark.
466
00:21:48,002 --> 00:21:51,397
So are we sure
that his story is solid?
467
00:21:51,440 --> 00:21:52,572
- You want us to
go over it again?
468
00:21:52,615 --> 00:21:54,487
- Yes, I do.
And I want to make sure
469
00:21:54,530 --> 00:21:57,011
that we aren't missing
any other witnesses.
470
00:21:57,054 --> 00:21:59,753
Double check the traffic cams
by the park.
471
00:21:59,796 --> 00:22:01,668
See if TARU can track down
whoever took
472
00:22:01,711 --> 00:22:03,017
this internet picture.
473
00:22:03,060 --> 00:22:06,020
Maybe they know something.
- Copy that.
474
00:22:10,546 --> 00:22:12,156
Look, I'm just trying
to be thorough
475
00:22:12,200 --> 00:22:15,203
and make sure that we give you
all of the evidence.
476
00:22:15,246 --> 00:22:19,468
- Liv, I get that you
and the father were partners.
477
00:22:19,512 --> 00:22:23,080
I'm sure there was a bond.
- There was.
478
00:22:23,124 --> 00:22:26,475
Before all of this.
479
00:22:26,519 --> 00:22:28,216
[sighs]
480
00:22:28,259 --> 00:22:32,525
My first bust, Patrick was
upstairs securing two dealers.
481
00:22:32,568 --> 00:22:34,831
I was downstairs,
arresting the third,
482
00:22:34,875 --> 00:22:37,834
by myself in another room.
483
00:22:37,878 --> 00:22:40,315
There was a pile of cash,
a pile of drugs.
484
00:22:40,359 --> 00:22:42,230
The perp accuses me
of stealing it.
485
00:22:42,273 --> 00:22:47,714
Obviously, I didn't,
but IAB came after me hard...
486
00:22:47,757 --> 00:22:50,586
until Patrick testified that
he was with me the whole time.
487
00:22:50,630 --> 00:22:53,546
- He lied to save your ass.
488
00:22:53,589 --> 00:22:54,808
In my world,
that gets you disbarred.
489
00:22:54,851 --> 00:22:57,724
- Yeah, in my world,
it gets you a promotion.
490
00:22:57,767 --> 00:23:00,857
- Look, you don't
owe him anything, Liv.
491
00:23:00,901 --> 00:23:03,164
You're not pulling facts
out of thin air.
492
00:23:07,734 --> 00:23:09,388
There's your victim.
493
00:23:09,431 --> 00:23:11,825
Were you expecting her?
494
00:23:11,868 --> 00:23:13,914
- No.
- ...as soon as possible.
495
00:23:13,957 --> 00:23:15,785
- Janie.
496
00:23:15,829 --> 00:23:17,744
- They're calling me "dumpster
slut" all over the internet.
497
00:23:17,787 --> 00:23:18,832
- Okay, and we can't
control the media.
498
00:23:18,875 --> 00:23:20,355
But just do your best
to ignore that.
499
00:23:20,399 --> 00:23:22,662
- I--I can't eat.
I can't sleep.
500
00:23:22,705 --> 00:23:24,315
I feel anxious all the time.
- Of course, Janie,
501
00:23:24,359 --> 00:23:26,448
because what happened to you
is a violation.
502
00:23:26,492 --> 00:23:29,451
And it never,
never should have happened.
503
00:23:29,495 --> 00:23:30,844
We can get you counseling.
504
00:23:30,887 --> 00:23:33,150
- I'm already in therapy.
I go every day.
505
00:23:33,194 --> 00:23:34,195
It isn't helping.
506
00:23:34,238 --> 00:23:36,153
I just want him
to know what he did.
507
00:23:36,197 --> 00:23:38,417
And not tell his lawyers,
tell the press,
508
00:23:38,460 --> 00:23:40,636
that the "nameless
intoxicated female"
509
00:23:40,680 --> 00:23:43,160
is just as responsible
as he is.
510
00:23:43,204 --> 00:23:45,075
Just because I don't remember
what happened
511
00:23:45,119 --> 00:23:46,686
doesn't mean I wasn't hurt.
512
00:23:46,729 --> 00:23:49,297
- And we know that, and you can
tell that to the jury.
513
00:23:49,340 --> 00:23:51,125
- I don't wanna tell the jury.
514
00:23:51,168 --> 00:23:52,822
Why should it be on me
to get up there
515
00:23:52,866 --> 00:23:55,259
and make people believe that?
He should do it.
516
00:23:55,303 --> 00:23:56,435
- Are you saying
that you want us
517
00:23:56,478 --> 00:24:00,134
to ask the DA for a deal?
518
00:24:00,177 --> 00:24:02,745
- I don't want to testify.
519
00:24:02,789 --> 00:24:06,140
I just want an apology.
520
00:24:06,183 --> 00:24:10,057
- Okay.
We'll talk to the DA.
521
00:24:10,100 --> 00:24:12,886
- And Ellis and his family.
522
00:24:18,935 --> 00:24:20,328
- In the interest of
sparing the victim
523
00:24:20,371 --> 00:24:22,373
the ordeal of a trial,
524
00:24:22,417 --> 00:24:25,246
we're willing to
offer Rape Three.
525
00:24:25,289 --> 00:24:27,770
- An E felony.
He'd go on the registry.
526
00:24:27,814 --> 00:24:31,208
- Yes. For a sexual offense,
that's non-negotiable.
527
00:24:31,252 --> 00:24:33,515
- Jail time?
- None.
528
00:24:33,559 --> 00:24:36,039
Ten years probation.
- And Ellis,
529
00:24:36,083 --> 00:24:38,302
the victim has made a request
530
00:24:38,346 --> 00:24:40,783
that you make
a statement of apology
531
00:24:40,827 --> 00:24:42,829
after you allocute.
- He's supposed to apologize
532
00:24:42,872 --> 00:24:44,961
for something he didn't do?
- Patrick, please.
533
00:24:45,005 --> 00:24:46,528
- If this goes to trial,
we have an eyewitness,
534
00:24:46,572 --> 00:24:47,529
a credible victim.
535
00:24:47,573 --> 00:24:48,922
- Liberal New York jury pool
536
00:24:48,965 --> 00:24:51,402
ready to hang the privileged
rapist high.
537
00:24:51,446 --> 00:24:53,535
- If he's convicted, your son
could be facing seven years.
538
00:24:53,579 --> 00:24:55,885
- Yeah, fine.
Mom and I were talking.
539
00:24:55,929 --> 00:24:57,408
What if the worst happens?
540
00:24:57,452 --> 00:24:59,454
She said she cannot handle it
if I go to jail.
541
00:24:59,498 --> 00:25:02,326
- You plead guilty to a felony,
go on the registry.
542
00:25:02,370 --> 00:25:04,024
You will lose your job.
543
00:25:04,067 --> 00:25:06,461
- We both know the realities
of state penitentiary.
544
00:25:06,505 --> 00:25:08,811
- Your future is gone.
- For God sakes.
545
00:25:08,855 --> 00:25:10,509
- We're trying to
help you here.
546
00:25:10,552 --> 00:25:15,339
- Ellis, this is
a one-time offer.
547
00:25:15,383 --> 00:25:18,517
Or you can roll the dice,
go to trial.
548
00:25:18,560 --> 00:25:21,084
- Dad--
549
00:25:28,091 --> 00:25:29,440
- Ellis Griffin,
I understand
550
00:25:29,484 --> 00:25:32,356
you'd like to plead guilty
to rape in the third.
551
00:25:32,400 --> 00:25:36,578
Do you make this plea knowingly,
intelligently, and voluntarily?
552
00:25:36,622 --> 00:25:37,623
- Yes, I do.
553
00:25:37,666 --> 00:25:40,103
- Has anyone coerced
or forced you
554
00:25:40,147 --> 00:25:41,975
to accept this plea?
555
00:25:42,018 --> 00:25:43,454
- No, Your Honor.
556
00:25:43,498 --> 00:25:44,804
- Once it is accepted
by the court,
557
00:25:44,847 --> 00:25:47,458
you will be convicted of rape
in the third degree,
558
00:25:47,502 --> 00:25:50,679
wherein the sentence includes
probation and community service.
559
00:25:50,723 --> 00:25:54,465
You will also be required
to register as a sex offender.
560
00:25:54,509 --> 00:25:56,990
Do you understand?
- Yes.
561
00:25:57,033 --> 00:25:59,470
- Are you aware that
by pleading guilty,
562
00:25:59,514 --> 00:26:01,429
you forego your right
to a jury trial,
563
00:26:01,472 --> 00:26:04,475
as well as almost
all rights to appeal?
564
00:26:04,519 --> 00:26:06,608
- Yes.
- I understand you'd like to
565
00:26:06,652 --> 00:26:08,958
make a statement of apology?
566
00:26:09,002 --> 00:26:11,570
You may do so
when you're ready.
567
00:26:18,925 --> 00:26:20,970
- [clears throat]
Ladies and gentleman,
568
00:26:21,014 --> 00:26:24,060
on Friday night--
569
00:26:24,104 --> 00:26:29,065
uh, on Friday night,
October 28th,
570
00:26:29,109 --> 00:26:34,897
I was at a party,
and uh--
571
00:26:34,941 --> 00:26:37,813
[sighs] Uh, what I really want
to say to the--
572
00:26:37,857 --> 00:26:41,643
to the victim is, um--
573
00:26:46,648 --> 00:26:49,651
Is, uh--
I--I can't, I can't.
574
00:26:49,695 --> 00:26:50,783
I take it back, all right?
575
00:26:50,826 --> 00:26:51,914
I'm not--I'm not guilty.
576
00:26:51,958 --> 00:26:53,524
I--I take it back, I can't.
577
00:26:53,568 --> 00:26:55,962
- What?
578
00:26:56,005 --> 00:26:58,529
- Mr. Griffin, are you
retracting your allocution?
579
00:26:58,573 --> 00:26:59,661
- Yes.
580
00:26:59,705 --> 00:27:01,532
- The People rescind
their offer.
581
00:27:01,576 --> 00:27:03,622
- Understood. Mr. D'Angelo,
it appears as though
582
00:27:03,665 --> 00:27:06,189
your client is sticking to
his plea of not guilty
583
00:27:06,233 --> 00:27:09,932
to rape in the second,
is that correct?
584
00:27:09,976 --> 00:27:11,673
- [clears throat]
Apologies.
585
00:27:11,717 --> 00:27:13,544
Yes, uh, that is correct.
586
00:27:13,588 --> 00:27:14,763
- A trial date will be set.
587
00:27:14,807 --> 00:27:16,547
As of now,
I'm calling for a recess.
588
00:27:16,591 --> 00:27:20,682
- Why couldn't he
just say he's sorry?
589
00:27:20,726 --> 00:27:22,075
- Hey, I thought
we agreed to a deal.
590
00:27:22,118 --> 00:27:23,598
Did you tell him to back out?
591
00:27:23,642 --> 00:27:25,644
- I told him
to think about it.
592
00:27:25,687 --> 00:27:26,993
That if he raped that girl,
593
00:27:27,036 --> 00:27:28,690
he should admit it,
take the punishment.
594
00:27:28,734 --> 00:27:31,606
He doesn't think he did,
so I stand behind his decision.
595
00:27:31,650 --> 00:27:34,261
- It doesn't matter if he thinks
that he's guilty, Patrick.
596
00:27:34,304 --> 00:27:36,829
The law is the law.
The evidence is strong.
597
00:27:36,872 --> 00:27:38,134
- That's why his mother
and I are gonna
598
00:27:38,178 --> 00:27:40,049
sit here in
this courtroom, every day,
599
00:27:40,093 --> 00:27:41,703
and look every juror
in the eye
600
00:27:41,747 --> 00:27:46,099
and make sure that they know
that we believe in our son,
601
00:27:46,142 --> 00:27:48,101
and refuse to let him
be railroaded
602
00:27:48,144 --> 00:27:51,234
by you or anyone else.
603
00:27:51,278 --> 00:27:52,714
- Let's go.
604
00:27:52,758 --> 00:27:54,890
- Okay.
Come on, baby, let's go.
605
00:27:59,939 --> 00:28:01,680
- [sighs]
606
00:28:05,118 --> 00:28:13,387
[crowd chattering]
607
00:28:13,430 --> 00:28:14,910
- You keep your head up.
608
00:28:14,954 --> 00:28:16,695
- Rapist!
- Raper!
609
00:28:16,738 --> 00:28:20,437
- Rapist!
[crowd shouting]
610
00:28:21,787 --> 00:28:24,050
- You piece of trash!
[indistinct shouting]
611
00:28:24,093 --> 00:28:26,400
- Rapist!
612
00:28:29,490 --> 00:28:31,753
- She wasn't moving.
Her eyes were closed.
613
00:28:31,797 --> 00:28:34,843
- And when you went to pull
Mr. Griffin off the victim,
614
00:28:34,887 --> 00:28:36,715
did she react?
- No.
615
00:28:36,758 --> 00:28:38,760
She just laid there,
sprawled out.
616
00:28:38,804 --> 00:28:40,457
That's when the cops arrived.
617
00:28:40,501 --> 00:28:42,677
- People's Exhibit Three,
Your Honor.
618
00:28:42,721 --> 00:28:43,678
A crime scene photo,
619
00:28:43,722 --> 00:28:46,681
taken by
the responding officers.
620
00:28:46,725 --> 00:28:49,292
Does this photo
accurately represent
621
00:28:49,336 --> 00:28:51,599
the state you saw
the victim in?
622
00:28:51,642 --> 00:28:54,645
- Yes. She was
completely passed out.
623
00:28:54,689 --> 00:28:58,475
- Thank you.
624
00:28:58,519 --> 00:29:01,348
- That photo was taken,
what, fifteen minutes
625
00:29:01,391 --> 00:29:04,090
after you called 911?
- More or less.
626
00:29:04,133 --> 00:29:05,874
- And when you saw her
lying on the ground,
627
00:29:05,918 --> 00:29:08,877
how could you tell
she was unconscious?
628
00:29:08,921 --> 00:29:11,140
- It just looked like she was.
629
00:29:11,184 --> 00:29:14,578
- "Looked like"?
In the dark?
630
00:29:14,622 --> 00:29:16,798
From 20 feet away?
631
00:29:16,842 --> 00:29:18,974
Did you check her pulse?
Try to revive her?
632
00:29:19,018 --> 00:29:20,976
- No. I called the cops.
633
00:29:21,020 --> 00:29:23,500
- Not an ambulance
or a doctor?
634
00:29:23,544 --> 00:29:26,025
- No.
- So you wanted to be a hero.
635
00:29:26,068 --> 00:29:28,549
But only up to a point.
- Objection.
636
00:29:28,592 --> 00:29:30,812
- Withdrawn.
Nothing further.
637
00:29:33,946 --> 00:29:36,557
- Do you remember having sex
with the defendant?
638
00:29:36,600 --> 00:29:38,124
- No.
639
00:29:38,167 --> 00:29:42,781
- Do you remember consenting
to have sex with the defendant?
640
00:29:42,824 --> 00:29:44,783
- No, I must have been
passed out.
641
00:29:44,826 --> 00:29:46,785
- Thank you.
642
00:29:49,526 --> 00:29:51,528
- Good afternoon,
Ms. Spears.
643
00:29:51,572 --> 00:29:52,878
How are you feeling?
644
00:29:52,921 --> 00:29:54,967
Not too anxious, I hope?
645
00:29:55,010 --> 00:29:57,534
- I'm fine.
- Okay, great.
646
00:29:57,578 --> 00:30:01,930
So just to be clear,
you don't remember the sex.
647
00:30:01,974 --> 00:30:03,802
You don't remember consenting.
648
00:30:03,845 --> 00:30:04,803
- That's right.
649
00:30:04,846 --> 00:30:06,195
- Do you remember not
consenting?
650
00:30:06,239 --> 00:30:08,850
Uh, telling Mr. Griffin
to slow down?
651
00:30:08,894 --> 00:30:11,200
Or stop?
- No.
652
00:30:11,244 --> 00:30:13,507
- Okay.
653
00:30:13,550 --> 00:30:16,640
Phone records indicate
that you called your cousin
654
00:30:16,684 --> 00:30:20,688
at about 12:30,
uh, Defense Exhibit Seven.
655
00:30:20,731 --> 00:30:25,214
- Leah, it's Janie.
I'm about to call Max
656
00:30:25,258 --> 00:30:27,869
but I called you
so you could stop me.
657
00:30:27,913 --> 00:30:31,046
My boyfriend. Ex.
658
00:30:31,090 --> 00:30:35,137
This guy is
not my boyfriend.
659
00:30:35,181 --> 00:30:36,922
- Is that your voice?
660
00:30:36,965 --> 00:30:38,924
- Yes.
- Speaking incoherently,
661
00:30:38,967 --> 00:30:41,187
but clearly conscious.
662
00:30:41,230 --> 00:30:44,581
- [sighs] Yes.
663
00:30:44,625 --> 00:30:48,934
- And do you remember
making that call, Ms. Spears?
664
00:30:50,370 --> 00:30:52,154
- No, I don't.
- No, you don't.
665
00:30:52,198 --> 00:30:54,287
- You don't remember
making that call, but you did.
666
00:30:54,330 --> 00:30:56,855
Just like you don't remember
consenting, but you did?
667
00:30:56,898 --> 00:30:59,031
- Objection.
- I'll allow it.
668
00:30:59,074 --> 00:31:01,685
Witness may answer.
669
00:31:01,729 --> 00:31:05,602
- [sniffs]
I was passed out.
670
00:31:05,646 --> 00:31:07,169
No matter what I said
or didn't say,
671
00:31:07,213 --> 00:31:09,041
that means he raped me.
672
00:31:09,084 --> 00:31:10,912
- That means he raped you?
673
00:31:10,956 --> 00:31:13,915
Or is that what the SVU
detectives and the DA told you?
674
00:31:13,959 --> 00:31:15,395
Or is that what
the internet said?
675
00:31:15,438 --> 00:31:17,223
Or is that what
your liberal, feminist,
676
00:31:17,266 --> 00:31:19,268
social justice warrior
girlfriends
677
00:31:19,312 --> 00:31:21,183
who hate my client said?
678
00:31:21,227 --> 00:31:24,186
Withdrawn.
679
00:31:24,230 --> 00:31:27,320
- [sniffs]
680
00:31:27,363 --> 00:31:29,844
- Nothing further.
681
00:31:29,888 --> 00:31:34,066
- Redirect, Your Honor.
682
00:31:34,109 --> 00:31:37,983
Janie, why do you believe
you were raped?
683
00:31:40,724 --> 00:31:43,902
- Because I never would have
consented to a guy I just met
684
00:31:43,945 --> 00:31:47,166
on the ground,
by the garbage.
685
00:31:47,209 --> 00:31:50,691
I was passed out and he did
what he wanted anyway.
686
00:31:50,734 --> 00:31:51,822
- Nothing further.
687
00:31:51,866 --> 00:31:53,433
The prosecution rests.
688
00:31:53,476 --> 00:31:55,348
- We'll adjourn for the day.
689
00:31:55,391 --> 00:31:57,089
Reconvene tomorrow morning
at 9:00 a.m.,
690
00:31:57,132 --> 00:31:59,178
when the defense
will present their case.
691
00:31:59,221 --> 00:32:00,353
[gavel bangs]
692
00:32:00,396 --> 00:32:03,225
- Approach, Your Honor?
693
00:32:04,487 --> 00:32:06,750
- What?
694
00:32:07,664 --> 00:32:09,928
- What do you mean the defense
added their own eyewitness?
695
00:32:09,971 --> 00:32:11,886
- Impossible, we did
a thorough canvass.
696
00:32:11,930 --> 00:32:13,932
- Diego Perez.
His name mean anything?
697
00:32:13,975 --> 00:32:15,803
- Not anyone we talked to.
698
00:32:15,846 --> 00:32:17,500
- I wanna know where this
witness magically came from.
699
00:32:17,544 --> 00:32:18,980
- Okay, so run the name.
Find out anything
700
00:32:19,024 --> 00:32:20,503
and everything
about this Perez.
701
00:32:20,547 --> 00:32:24,072
- Copy that.
- Keep me posted.
702
00:32:24,116 --> 00:32:25,856
- You doing okay?
703
00:32:25,900 --> 00:32:28,424
- Yeah, you know, long week.
704
00:32:28,468 --> 00:32:30,513
- Go home. You got a kid,
you got a man.
705
00:32:30,557 --> 00:32:32,428
- Yeah.
- How's that going,
706
00:32:32,472 --> 00:32:33,864
you and Tucker?
707
00:32:33,908 --> 00:32:37,868
- [sighs] It's complicated.
708
00:32:37,912 --> 00:32:42,917
[knocks on door]
709
00:32:42,961 --> 00:32:44,223
- Lieutenant.
- Look, I'm sorry
710
00:32:44,266 --> 00:32:45,702
to interrupt your evening,
but it's important
711
00:32:45,746 --> 00:32:49,750
and, uh, you may not
want your wife to hear.
712
00:32:49,793 --> 00:32:51,708
[door closes]
713
00:32:51,752 --> 00:32:53,841
[sighs]
714
00:32:56,409 --> 00:32:57,366
- What's going on?
- Well, you weren't
715
00:32:57,410 --> 00:32:58,715
in court this afternoon.
716
00:32:58,759 --> 00:33:00,195
And, uh,
at the end of the day,
717
00:33:00,239 --> 00:33:04,460
the defense calls a surprise
witness to testify tomorrow.
718
00:33:04,504 --> 00:33:06,027
- That's right.
D'Angelo said.
719
00:33:06,071 --> 00:33:07,463
Someone came forward.
720
00:33:07,507 --> 00:33:10,118
A good citizen who saw
the whole supposed rape.
721
00:33:10,162 --> 00:33:12,903
- Yeah. A good citizen?
- Yeah.
722
00:33:12,947 --> 00:33:14,862
- He's a career drug dealer
723
00:33:14,905 --> 00:33:18,953
who became a snitch at the 55,
your old precinct.
724
00:33:18,997 --> 00:33:21,608
- I don't know what
you're talking about.
725
00:33:21,651 --> 00:33:25,699
- Do you really
wanna do this?
726
00:33:25,742 --> 00:33:27,831
It's witness tampering.
727
00:33:27,875 --> 00:33:29,964
Obstruction.
728
00:33:30,008 --> 00:33:32,488
- Again, I have no idea.
729
00:33:32,532 --> 00:33:34,142
- You're putting
your job at risk.
730
00:33:34,186 --> 00:33:38,146
Your pension. Not to mention,
you could face criminal charges.
731
00:33:38,190 --> 00:33:44,065
- Like when I lied
to IAB for you.
732
00:33:44,109 --> 00:33:45,675
- We're still investigating
this witness.
733
00:33:45,719 --> 00:33:48,287
We're running his phone records,
his, uh, bank statements--
734
00:33:48,330 --> 00:33:50,028
- Okay, I get it.
735
00:33:50,071 --> 00:33:53,074
He's my son.
He's 22 years old.
736
00:33:53,118 --> 00:33:55,946
He graduated summa cum laude
from Dartmouth.
737
00:33:55,990 --> 00:33:58,036
He has a six-figure job.
738
00:33:58,079 --> 00:34:01,822
And you wanna
destroy his life...
739
00:34:01,865 --> 00:34:05,956
because he had sex
with some drunk girl.
740
00:34:10,135 --> 00:34:13,616
You drove a long way
for nothing.
741
00:34:19,927 --> 00:34:22,190
- Mr. Perez, can you
tell us what you saw
742
00:34:22,234 --> 00:34:23,409
on you walk home
through the park
743
00:34:23,452 --> 00:34:26,803
at approximately 12:45
on October the 28th?
744
00:34:26,847 --> 00:34:28,849
- I was coming around the gate,
and it's a shortcut.
745
00:34:28,892 --> 00:34:30,807
I saw a man and a woman.
They were having sex
746
00:34:30,851 --> 00:34:31,895
on the ground.
- Do you see
747
00:34:31,939 --> 00:34:34,159
those individuals here today?
748
00:34:34,202 --> 00:34:35,986
- There and there.
749
00:34:36,030 --> 00:34:38,598
- I'll let the record reflect,
Mr. Perez pointed
750
00:34:38,641 --> 00:34:40,121
at the defendant,
Ellis Griffin,
751
00:34:40,165 --> 00:34:42,602
and the alleged victim,
Janie Spears.
752
00:34:42,645 --> 00:34:45,213
And were you able to see
if both parties
753
00:34:45,257 --> 00:34:47,868
were awake and conscious?
754
00:34:47,911 --> 00:34:50,000
- Yes, awake.
She might remember me.
755
00:34:50,044 --> 00:34:53,265
I caught her eye.
I was less than 15 feet away.
756
00:34:53,308 --> 00:34:55,267
- And was there anything
that made you think
757
00:34:55,310 --> 00:34:56,920
the woman might be in trouble?
758
00:34:56,964 --> 00:34:58,966
- No, she was
really into it, moaning.
759
00:34:59,009 --> 00:35:01,011
She says, "Keep going."
Halloween weekend,
760
00:35:01,055 --> 00:35:02,665
people do crazy things.
761
00:35:02,709 --> 00:35:04,058
Having sex in the park.
762
00:35:04,102 --> 00:35:06,104
- Nothing further.
763
00:35:09,759 --> 00:35:10,891
- Mr. Perez,
764
00:35:10,934 --> 00:35:13,285
um, five years ago,
you were arrested
765
00:35:13,328 --> 00:35:15,896
for criminal sale
of a controlled substance.
766
00:35:15,939 --> 00:35:17,158
A felony.
Is that correct?
767
00:35:17,202 --> 00:35:18,725
- Objection. Relevance.
768
00:35:18,768 --> 00:35:20,118
- It goes to credibility.
769
00:35:20,161 --> 00:35:22,337
- Overruled.
Witness will answer.
770
00:35:22,381 --> 00:35:23,773
- Yes, I was arrested.
771
00:35:23,817 --> 00:35:25,993
- That was your third offense.
772
00:35:26,036 --> 00:35:28,256
Yet you were able
to avoid jail time
773
00:35:28,300 --> 00:35:31,172
by agreeing to become
a confidential informant.
774
00:35:31,216 --> 00:35:33,653
- Yeah, so?
I'm not one anymore.
775
00:35:33,696 --> 00:35:35,176
- Who was your control officer?
776
00:35:35,220 --> 00:35:39,267
- Dennis Marino.
- A detective at the 55.
777
00:35:39,311 --> 00:35:42,401
- That's right. But like I said,
I'm not a CI anymore.
778
00:35:42,444 --> 00:35:44,272
I haven't talked to Marino
in years.
779
00:35:44,316 --> 00:35:48,146
- Sure.
When you were a CI,
780
00:35:48,189 --> 00:35:51,105
did you meet any other
detectives at the 55?
781
00:35:51,149 --> 00:35:52,846
- A few.
782
00:35:52,889 --> 00:35:56,066
- Did you ever meet
Patrick Griffin?
783
00:35:56,110 --> 00:35:57,981
The father of the defendant.
784
00:35:58,025 --> 00:35:59,679
A former officer at the 55.
785
00:35:59,722 --> 00:36:01,855
- Objection!
- Again, goes to credibility.
786
00:36:01,898 --> 00:36:03,291
- I'll allow.
- Let me ask you again,
787
00:36:03,335 --> 00:36:05,032
Mr. Perez, and I will remind
you, you are under oath.
788
00:36:05,075 --> 00:36:10,951
Did you ever
meet Patrick Griffin?
789
00:36:10,994 --> 00:36:12,996
- No.
790
00:36:13,040 --> 00:36:16,957
- But Griffin and Marino
worked together in the 55.
791
00:36:17,000 --> 00:36:19,133
Did you know that?
- Asked and answered.
792
00:36:19,177 --> 00:36:20,265
Your Honor.
- I'll allow.
793
00:36:20,308 --> 00:36:21,788
Witness will answer.
794
00:36:21,831 --> 00:36:23,224
- Like I said,
I never met the man.
795
00:36:23,268 --> 00:36:24,704
- Sergeant Griffin didn't
approach you
796
00:36:24,747 --> 00:36:26,227
or coerce you
in any way to testify
797
00:36:26,271 --> 00:36:28,142
on his son's behalf?
798
00:36:28,186 --> 00:36:30,275
- He's lying, he wasn't there!
He's making it up.
799
00:36:30,318 --> 00:36:32,233
Janie never said "Keep going."
- Ellis, Ellis!
800
00:36:32,277 --> 00:36:34,148
Sit down.
- No, I'm sorry.
801
00:36:34,192 --> 00:36:36,890
I'm sorry for what I did and
for what my father's doing now.
802
00:36:36,933 --> 00:36:38,152
- Ellis! No more talking!
803
00:36:38,196 --> 00:36:39,893
- No, I knew you--
- Order! Order!
804
00:36:39,936 --> 00:36:42,809
- You--you were passed out.
And I couldn't stop myself.
805
00:36:42,852 --> 00:36:45,203
I was--I was wrong, Janie.
806
00:36:45,246 --> 00:36:48,162
I was so wrong,
and I am so sorry.
807
00:36:48,206 --> 00:36:50,120
I raped you.
808
00:36:50,164 --> 00:36:52,949
And I'm just--I'm so sorry.
809
00:36:52,993 --> 00:36:54,081
I'm so sorry.
810
00:36:54,124 --> 00:36:56,997
- Everyone, my chambers. Now.
811
00:37:00,261 --> 00:37:02,307
- Is your client changing
his plea, Mr. D'Angelo?
812
00:37:02,350 --> 00:37:03,786
- No.
- You're not a part
813
00:37:03,830 --> 00:37:06,180
of this preceding, Mr. Griffin.
- My son wants me here.
814
00:37:06,224 --> 00:37:09,792
It's his right.
- No, I don't.
815
00:37:09,836 --> 00:37:13,187
Get out.
816
00:37:13,231 --> 00:37:15,494
Leave me alone.
817
00:37:19,149 --> 00:37:21,195
[sighs]
818
00:37:21,239 --> 00:37:25,591
I just--I just want this
to be over.
819
00:37:25,634 --> 00:37:28,333
- Are you changing your plea,
Mr. Griffin?
820
00:37:28,376 --> 00:37:31,118
- Can we have a few minutes,
Your Honor?
821
00:37:31,161 --> 00:37:32,250
- The People have no objection.
822
00:37:32,293 --> 00:37:35,296
- I don't need any more time.
823
00:37:35,340 --> 00:37:38,038
Or any more help.
824
00:37:38,081 --> 00:37:40,301
I just wanna plead guilty
in front of everyone.
825
00:37:40,345 --> 00:37:43,609
- I think you already did, son.
826
00:37:43,652 --> 00:37:46,133
I'm prepared to accept
a plea of guilty
827
00:37:46,176 --> 00:37:47,482
to rape in the second degree.
828
00:37:47,526 --> 00:37:49,919
We'll reconvene this afternoon.
829
00:37:54,141 --> 00:37:55,621
You're certain you're
making this plea
830
00:37:55,664 --> 00:37:58,363
freely and voluntarily?
- Yes.
831
00:37:58,406 --> 00:38:00,669
- Before I commence
with sentencing,
832
00:38:00,713 --> 00:38:03,455
I understand the victim
has a statement.
833
00:38:09,548 --> 00:38:13,595
- At first you didn't think
you did anything wrong.
834
00:38:13,639 --> 00:38:16,598
You blamed alcohol.
835
00:38:16,642 --> 00:38:18,078
I'm glad you now
understand
836
00:38:18,121 --> 00:38:21,342
alcohol didn't
push my dress up,
837
00:38:21,386 --> 00:38:26,260
get on top of me,
and force itself inside of me.
838
00:38:26,304 --> 00:38:30,351
I'm glad you know
what you did.
839
00:38:30,395 --> 00:38:34,094
That you said,
"I'm sorry. I raped you."
840
00:38:40,579 --> 00:38:44,322
I choose to put this behind me.
841
00:38:47,063 --> 00:38:49,109
Thank you.
842
00:38:50,458 --> 00:38:52,155
- Thank you.
843
00:38:52,199 --> 00:38:53,679
If both parties have said
all they want to say
844
00:38:53,722 --> 00:38:55,420
I will now impose a sentence.
845
00:38:58,074 --> 00:38:59,598
Mr. Griffin,
you have pled guilty
846
00:38:59,641 --> 00:39:02,775
to rape in the second degree.
847
00:39:02,818 --> 00:39:06,387
Taking your acknowledgement
of wrong-doing into account,
848
00:39:06,431 --> 00:39:08,215
in addition to your age
849
00:39:08,258 --> 00:39:10,783
and the fact that this is
your first arrest,
850
00:39:10,826 --> 00:39:14,395
I sentence you to
24 months in prison.
851
00:39:14,439 --> 00:39:16,223
Court is adjourned.
[gavel bangs]
852
00:39:16,266 --> 00:39:18,660
- [sobbing]
853
00:39:25,711 --> 00:39:27,365
all: [together]
Two years, not enough!
854
00:39:27,408 --> 00:39:31,412
Two years, not enough!
Two years, not enough!
855
00:39:31,456 --> 00:39:33,196
Two years,
not enough!
856
00:39:33,240 --> 00:39:35,068
Two years, not enough!
857
00:39:35,111 --> 00:39:38,680
- So now what?
858
00:39:38,724 --> 00:39:40,378
You arrest me
for witness tampering?
859
00:39:40,421 --> 00:39:43,729
- No. I talked to Barba.
860
00:39:43,772 --> 00:39:45,948
But, Patrick,
what were you thinking?
861
00:39:45,992 --> 00:39:48,386
- That I needed
to save my son.
862
00:39:48,429 --> 00:39:52,302
No matter what.
No matter how.
863
00:39:52,346 --> 00:39:54,261
I'm a cop.
864
00:39:54,304 --> 00:39:56,742
I protect people
I don't even know.
865
00:39:56,785 --> 00:39:58,874
And here's my son,
866
00:39:58,918 --> 00:40:00,920
my best friend
in the whole world,
867
00:40:00,963 --> 00:40:03,705
about to go down for
ten seconds of stupidity.
868
00:40:03,749 --> 00:40:08,971
So I thought if the jury
just heard a witness say
869
00:40:09,015 --> 00:40:13,411
that she was awake,
there'd be reasonable doubt.
870
00:40:13,454 --> 00:40:16,979
- I'm just gonna pretend
that I didn't hear any of that.
871
00:40:17,023 --> 00:40:19,068
- This whole system
is rigged against him.
872
00:40:19,112 --> 00:40:20,418
Protesters.
873
00:40:20,461 --> 00:40:22,855
I could see the way
the women on that jury box
874
00:40:22,898 --> 00:40:25,118
were looking at him.
875
00:40:25,161 --> 00:40:26,946
Even now,
876
00:40:26,989 --> 00:40:30,863
they want Ellis' head
on a platter, okay?
877
00:40:30,906 --> 00:40:32,995
I failed him.
878
00:40:33,039 --> 00:40:35,781
- You're still his father.
879
00:40:35,824 --> 00:40:38,044
No matter how
he feels about you,
880
00:40:38,087 --> 00:40:39,915
about himself,
881
00:40:39,959 --> 00:40:43,484
for these next two years,
be there for him.
882
00:40:43,528 --> 00:40:47,096
I'm sorry, Patrick.
883
00:40:47,140 --> 00:40:49,142
If there were something
I could have done--
884
00:40:49,185 --> 00:40:51,231
- There was.
885
00:40:51,274 --> 00:40:55,453
And you chose not to do it.
886
00:40:55,496 --> 00:40:59,065
I went to bat for you.
887
00:40:59,108 --> 00:41:02,024
- And the truth is,
888
00:41:02,068 --> 00:41:04,244
I wish you hadn't.
889
00:41:07,552 --> 00:41:10,555
I wish you would have
just told the truth.
65904
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