All language subtitles for Law & Order (1990) - S02E08 - Out of Control (720p WEB-DL x265 ImE)_track3_[eng]

In the criminal justice system

the people are represented
by two separate

yet equally important groups:

The police,
who investigate crime

and the district attorneys,
who prosecute the offenders.

These are their stories.

( whooping )

( screaming )

( man laughs )

( screams )

Sorry.

Hey, watch
it, girl.

Oh! Get away from me!

OFFICER:
I'll bet you never
cut class, either.

( chuckles )

Me? I was a fine upstanding
picture of American manhood.

Yeah, sure.

Oh, look at this.

Get off me!
( siren wails )

Get off me!

MAN:
Shut up!

Okay, you two,
take it easy!

Take it easy.

I was just trying
to help her.

She's going
to get run over, man.

They grabbed me.

They pushed me down...

Give me
a little help here.

Come on.
Come on, darling.

Come on,
darling, get up.
Come on.

Um, sophomore,
University of Manhattan.

Says she was raped
by several men--

Halloween party.

No vaginal
or perineal abrasions.

Got any signs
of intercourse?

There was semen present.

You send out
the kit?

Yeah, also ran a blood test;
she was drunk.

How drunk?
Very.

If she'd been driving,
she'd be under arrest.

Blood alcohol's .13.

All right, can
we talk to her?

She's out cold,

and I don't know how much
she's going to remember.

Doc, can we stop the waltz?
What are you saying?

Obvious emotional trauma.

Rape?

We offered her a counselor.

She said no.

Captioning sponsored by
NBC/UNIVERSAL

¶ ¶

¶ ¶

WOMAN ( over PA system ):
All on-duty interns please
report to nurse's station five.

All interns please report...

WOMAN:
I was invited to the party.

By the men
who assaulted you?

My fiancé, Gary Burnham.

He was a pledge
at Theta Pi.

Your fiancé assaulted you?

No.

Look, can you identify the boys
who did this?

Somebody helped me upstairs.

It was some kind of...

he was wearing
some kind of animal.

What kind of animal?

What color?

It was light.

I think, maybe, um...
gray or brown.

Can't you give us a little
better idea of what went on?

They offered me a drink.

Who?

Um... I'm not sure.

It's all fuzzy, but...

I think Ted Campion
and Joel Holder--

two of Gary's friends--
were there.

I'm pretty sure Ted
had the bottle-- Scotch.

I was drinking
from it.

And...

...I think there was something
over my face.

Um... and they
were on top of me,

and I tried
to scream.

Um... I must have passed out.

The next thing,

I was alone in the room...

looking for my clothes.

So Ted and Joel assaulted you?

I think so.

You know, you had been drinking
a little bit.

Rape's a serious accusation
based on "I think so."

( sighs )

I was drunk, and I was scared,
but I know what happened.

I was raped.

She said what?

This is crazy.

Joel, did you even
see her?

I didn't even know
she was here.

Is this serious?

Maybe we should talk
to a lawyer.

We never even went upstairs.

( chuckling ):
Look, guys, this didn't happen.

A girl comes
to your party,

and just for the hell
of it, she charges rape?

Everybody knows
about Andrea.

Well, we don't know.

Why don't you
fill us in?

A pledge of ours,
Gary Burnham

he was getting serious
about her.

( chuckling ):
Freshmen.

He didn't know
about her reputation.

About which you so
generously informed him.

She's an easy score,
okay?

Gary's a little naive.

Gary dropped her.

She stormed in here
last week,

claimed we ruined
her life.

And then she said
we'd regret it.

You don't mind if we call
in a few technicians

to look around, do you?

No problem.

The wolf pack
is having a feast here.

Where are they getting
this stuff?

Somebody at
the hospital.

Did CSU find anything
in the boys' room?

No. No hair, no fiber,
no nothing.

I got to tell you, if
these boys are lying,

they're pretty cool
about it.

Granted.

Except their story
makes no sense.

If she wants revenge,

why didn't she give us
a sure ID?

Why make it harder on herself?

Maybe she didn't want
it to sound so pat.

It gives her an out
if things go wrong.

Come on.

You want revenge, you don't turn
your life into a circus.

What am I hearing here?

This girl's not on trial.

I know that,
but we got no witnesses.

So far, nobody even
saw her there.

These fraternity brothers
are going to say

that Joel and Ted
never left the party

and that Andrea
made a public threat.

( sighs )

Gee, somebody's lying.

Well, that makes you

detective
of the month, Mike.

Any bets on who?

I mean, did they log who
she called from the hospital?

An advisor,
English professor.

She was afraid
to call her mother.

Students. Sometimes
they make us their mothers.

How do you like
your new daughter?

What's not to like?

Wants to take every course
in the department.

How about her social life?

It was active.

You mean she had a lot
of boyfriends?

Look, her parents divorced
when she was six.

Is she looking for a male figure
in her life? Sure.

How about if she got one
and lost him?

You think she'd be capable
of wanting to get back at him?

Am I getting a message here?

You have some doubt
Andrea was raped?

You think she made it up?

Did I say that?

There is nothing so powerful
as the unspoken.

Did she get along as well
with women as she did with men?

I advise a student,
Betsy Rawls.

Works in the college bookstore
with Andrea.

That is, if you want to talk
to people who like her.

Poor Andrea.

She sends out a come-on
without even knowing it.

Are you saying that she
asked for this to happen?

Did they give you guys
insensitivity seminars?

No woman asks
to be raped.

I'm just saying that
she gives it off.

You know, heat?
Pheromones?

Men hit on her.

It's not her fault.

What about
the boyfriend?
Gary?

He's sweet, but Andrea
has a good imagination.

Marriage, fiancé?

He's 18.

I got married,
I was 20.

It's a different generation,
Sergeant.

Mm-hmm.

Do you want my opinion?

Andrea doesn't know
who the hell she is.

She said I was her fiancé?

We just dated, that's all.

Did you have a date
with her last night?

What's this about?

Andrea says she was raped at
your fraternity house last night

during the Halloween party.

Oh, my God.

Did you see her there?

Why would she be there?

We-We broke up.

Why did you break up
with her, Gary?

I met her...
she's, uh, very sophisticated.

Dating a sophomore,
it made me feel good.

I found out some things
about her.

When you broke it off,
was she very upset?

She called me all the time,
showed up at my classes.

The whole thing
got out of control.

It's funny, she doesn't seem
that intimidating to me.

I never knew what she'd do next.

Want to see what I mean?

This is the last letter
she sent me.

Mm-hmm.

"If you hurt me,
I promise I'll hurt you worse.

I'll ruin your life."

Boyfriend says she's wacko.

She says they're
going to get married.

They're kids; that's
how they talk.

She comes on to guys.

She doesn't mean to.

And she can't quite point
the finger at who raped her.

What the hell
do you want?

Signed confessions from the
boys and a dozen witnesses?

What I want is a victim
who can testify

to the DA
without killing the case.

Right now, they'd be lucky
to get an indictment.

Let's talk to the roommate.

After Barbara and I
moved in last year,

they raised the rent.

We put up a notice,
Andrea called.

She took the apartment
sight unseen.

Mm.
That's a little
impulsive.

That's Andrea.

Changes courses every other day.

Boyfriends, too?

No more
than most women today.

That's one man's opinion.

Okay, maybe a little
more than most,

but she was frank
about it.

She likes men.

There's nothing wrong
with that.

When Andrea got back
from the hospital,

did she talk about anything
that happened?

Yeah, she said
she had been raped.

Any details?

Well, it was all
pretty confused.

There was something
about a room,

everything going dark.

She was very
shaken up.

So she seemed like a women
who'd just been raped?

Geez, yes.

She was hurt, angry.

Did you get any read off her?

After 50 minutes?

How about some
top-of-the-mind,

inadmissible,
subjective impressions?

Just as long as you don't go
out on a limb.

Is it just me or all women
with triple-digit IQs?

Well, you're the only one
I know, Doc.

Andrea Fermi?

Do I think she consented
to have sex? No.

Do I think she's
emotionally disturbed? Yes.

How disturbed?

Disturbed enough
that she needs to be in therapy.

It's not uncommon,
and she fits the profile:

Parents divorced,

desperation for a relationship
with a male,

inability to tolerate
rejection, making threats.

Look, girls are bombarded
with images

of who they should be
to get boys:

ads, movies, Madonna.

They end up playing
a stereotypical role:

a highly-sexualized adult woman.

But in reality, they're just
children seeking approval.

Was she raped or not?

I'd say absolutely, but...

But what?

Based on her previous
sexual behavior,

the boys
may have convinced themselves

that she didn't care.

DNA test on the samples

gives us intercourse
with two men.

You still need
proof of that rape.

Not in court, you don't.

The law says
no corroboration necessary.

Fine, but without
it, you don't get a
conviction from a jury.

Unfortunately, he's right.

She was drunk, and her rep
ain't exactly spotless.

Okay, so all the men
and half the women

are going to say
she was asking for it.

Date rape, maybe.

But this?

Nobody asks to be gang-raped.

Just go talk to her.

Tell her
what the problems are.

Maybe she'll give you
something else.

FERMI:
All right, so I was drunk,

and I'm not a virgin.

So I'm not the perfect victim.

If those boys say
they never saw her,

they're lying.

Mrs. Fermi, we are trying
to help your daughter.

You heard from Gary lately?

No...

but then I guess what do you say
to a raped fiancé?

He told us you weren't engaged.

I guess
that's what you say.

He said you two had broken up,

and there was no
date for the party.

Well, that's not true!

And he did invite me
to the party.

Well, I guess he's lying, too.

I don't believe that he said
we weren't engaged.

And that you threatened him.

He showed us a letter.

One of my letters?
Mm-hmm.

Show them his, Andrea.

"You've changed my life.

"I want that change
to be permanent.

Don't be shocked, but...

I want to marry you."

Now which one of us is lying?

BURNHAM:
Okay, in the heat of the moment

I wrote something foolish.

Not to mention
lying to us.

You guys, you
don't know Andrea.

She got crazy;
she scared me.

But you're still saying
you didn't see her at the party

and know nothing about the rape?

Like I told you.

CERRETA:
Why don't you
talk to her?

This is a girl you wanted
to marry.

She gets raped, you don't even
call to see how she is?

They said it would be
better if I didn't.

They?

Ted, Joel--
all the officers.

As vice president,
I warned Gary.

These allegations could damage
the fraternity.

You warned him
not to speak to Andrea?

Well, we were told it's better
if there's no contact

between any house members
and Andrea.

Mm-hmm, yeah,
Gary's a pledge,

So that applies
to him, too.

Hey, we're glad
to cooperate,

but we were also told

since Joel and I are mentioned
by name,

that we shouldn't talk to you
without counsel present.

That's your legal right.

We're sorry about Andrea.

It's just we wish she wouldn't
have fantasies on our premises.

On your premises?

I thought she wasn't here
that night?

LOGAN:
Just to double-check.

None of you went upstairs
for even a few minutes

the entire night, right?

ALL:
No.

Did someone mention
the word "cooperation"?

Try different questions.

Maybe we try
different people.

You have the list
of your party guests

and your employees
for that party?

We'd be glad to get you one.

But there's always crashers.

Yeah, from on and off campus.

Hey, if there really was a rape,
it could have been anyone.

Okay, the boyfriend
did lie.

That kid knows something.

I think what he knows
is how to take orders

from his upperclassmen
and keep his mouth shut.

A six-hour party--
nobody sees anybody go upstairs?

Nobody goes upstairs himself?

Yeah, right, like they
don't serve liquor to minors.

What?
A misdemeanor charge?

You think that's going
to crack the wall of silence?

All right,
we got 70, 80 names here.

Probably take us
right up to retirement.

I would start with anybody
who isn't, wasn't,

and never will be a member
of that fraternity.

Maybe she wasn't there.

We get one more no,

you got to think everybody
was as drunk as she was.

Who's next?

Sorry, I might
have served her,

but there were
at least 100 kids there.

He must have
some eyesight, huh?

I can't help you.

Hey, listen, come here.

You think you served
any underage kids there?

Oh, come on.

Maybe we could find a few.

All right, listen,
I'll level with you.

I did two years' hard time,
and I'm almost off parole.

Working parties and bartending
is a no-no.

Cool it, we're not
the parole division.

All right.

Pigtails had on
the wrong costume.

She looked like
a little girl,

but she can drink like
a sand dune.

How much?

Eight or ten shots, easy.

Yeah, enough to put me
into a long dream.

Anybody follow her,
you know, go upstairs?

Well, I was tracking her.

I thought she might be my score
for the night,

but she staggered out
with some guy.

That was the last I saw of her.

Would you recognize this guy
if you saw him again?

No. Too dark.

His mask was
half off his face--

some costume...

What kind of costume--
an animal?

Yeah, that's right.

Yeah. What kind of animal?

( chuckling ):
Sorry.

It had big ears.

If that's any help.

At least we know
she was there.

Oh, yeah, with an animal
that has big ears.

Where does that get us?

Two steps ahead
of where we were yesterday.

With no corroboration.

Oh, gee, Mike
why don't we just quit?

Next up,
Gail, Stuart Carradine,

grad students.

Good.
Very good.

We were only there
for a half an hour.

We're not, uh...

My wife and I aren't
really party people, so...

So, nothing strange happened?

It was Halloween...
but rape?

No.

( coughing )

Excuse me, may I have
some water?

Sure.

Thank you.

Must be something in the air.

I feel like
I'm swallowing ashes.

It doesn't take Sigmund Freud

to see that you're nervous,
Gail.

( sighs )

Can you believe it?

I was a ballerina.

I felt ridiculous.

I didn't even want to go,

and all those TPs act like
they own the world.

Stuart used to be president.

Thought he had outgrown
all that crap.

We went upstairs.

I went to the bathroom.
What the hell
are you doing?

What are you telling him?
Just what I saw.

It's none
of their business.

This is rape,
not a college prank.

Go ahead.
This is our business.

I came out
of the bathroom,

and I saw two guys
on the stairs

and one of them said,
"Come on, she's there.

Let's go, let's go."

That could have meant
anything

and you can't be sure who,
'cause it was dark.

I'm sure, Stuart.

One of them was
Joel Holder.

Yeah? Well, it's a mistake,
or it's a lie.

Hey, look, it couldn't
have been me, all right?

I'm sure it is
a mistake, Joel.

Why don't you clear it up?

Yeah, just get
a blood test.

It will show that you didn't
have sex with the girl.

Okay... okay, all right.

No problem.

We got a deal.

When?

( music blasting )

They say

somebody saw me upstairs.

No way.

We were with him
all night.

LOGAN:
Oh, yeah?

Well, Joel here is going
to take a blood test,

and we'll get this over with.

Nobody's taking
any blood test.

We're calling our lawyers.

Fine.

They still have witnesses
who say

they never left the first
floor during the party.

Under oath, maybe not.

Holder said he would give blood?

CERRETA:
My guess is he did it,

but he knows
he didn't leave a souvenir.

How good is this Gail Carradine?

The husband
didn't break her.

We got Holder on the third
floor at the right time.

But no Campion.

She believes these guys did it.

My call? Pick them up.

All right, do it.

Holder and Campion.

Back up.

Come on, come
on, let's go.

( inmates hooting )

We want to call
our lawyers.

In a minute.

You can't do this to us.

Oh, sure, we can.

INMATE:
Hey, sweet cheeks.

I see
my girlfriend now.

Take a right.

Okay, gentlemen,

toes on the line.
Got them?

I want pictures of every inch
of their bodies.

I don't want any
police brutality claims here.

Judge, a blood test
at this time seems premature.

We'll present
to the grand jury next week.

Miss Gifford?

My client, Joel Holder,
is perfectly willing

to give a blood sample.

The prosecutor's information
looks good to me, Mr. Gould.

I'm signing this order
for both Holder

and for your client,
Mr. Campion.

The detectives may approve
the transfer to Rikers,

where the defendants
will give blood samples.

Nice work, gentlemen.

Four-probe DNA match
on Campion.

It's not so good on Holder--
two-probe, bad sample.

I forget what that says
about the odds.

We got a witness on Holder.

We're going to need
more than that.

They filed a civil suit
against the girl.

Defamation and slander.

CERRETA:
So what?
Public relations.

No, Ezra Gould is not
that kind of lawyer.

If he goes through
with it...

He has something
exculpatory.

They must know something about
that night that we don't, huh?

You don't know what happened,
I do.

What is the agenda here?

Don't go to the grand jury,
we'll drop the civil suit.

You're asking us
to play blind.

Tell us what you have.

What if it
doesn't force you to drop?

We're not handing you
our case.

Ezra, are we on
the same planet?

We have a DNA match
on your clients.

Proves sex, not rape.

You have zero
on Mr. Holder.

It's a lousy case, and you're
ruining these boys' lives.

No, these boys ruined
Andrea Fermi's life,

and we're trying
to make them pay for it.

The college is concerned
about a trial.

Are they concerned

about their drunken
fraternity boys

raping a girl?

You think the civil suit
is a ploy?

It's a chess game.

There's a pawn on the board
that we don't know.

Where will you go with
the alcohol problem?

She was legally drunk--
no capacity to consent.

Legally drunk to drive,

but appearances
can be deceiving.

I have two shots of gin--
that can roll me into bed.

She has four.

She may look perfectly coherent.

Adam, she passed out
on the street.

Iffy. Did she pass out
in that room?

You don't like this
without sugar?

You know the boys are getting
better press play.

What does that tell you?
They'll get better play
from a jury.

Thank you, Paul.

What do you
want to do?

Forget about the law.

Pretend you're a jury,
and find somebody

who will testify that she
wasn't in any condition

to say yes or no.

Well, it doesn't matter
what happens now.

Nobody's ever
going to believe me.

The civil suit is a problem,
because the only way

it makes sense is
if they have a witness--

someone to convince the jury
that you consented.

I didn't!

Plus whatever they have
in their back pocket.

The front pocket
looks pretty good.

You did know the boys.

Not that well. Not...

I'm tired of feeling
like a slut.

Have you talked to Gary Burnham?

No.

Why?

The police think he's frightened
about something.

Did he... participate
in the rape?

No. I... I don't even think
he was there.

I mean, I didn't see him.

The bartender remembers you.

He says you went upstairs
with a man in a costume.

Something about big ears.

We went through this.

I don't remember.

Think.

Maybe.

I don't know.

Maybe it could have been
a... mouse.

With big, black ears.

Then again, maybe I'm just
imagining that, too.

We've been through this
50 times--

no rabbit costume,
no mouse.

You know, the bartender
said ears.

Andrea said
black ears.

That's a major contribution.

Little Bo Peep, Batman,
Master of the Universe

Abraham Lincoln,
Lee Iacocca...

What?

I don't know;
they're college kids.

Ronald Reagan,
Nancy Reagan,

Wonder Woman,
Snoopy, Spiderman...

Snoopy?

Let me have that card.

Hubble's law
of the critical energy density.

Beautiful, huh?

Little school girl,
white knee socks--

she said she was with you.

She said she felt sick,
had too much to drink,

so I took her
to the bathroom.

You leave her there?

No. I came back down
and had a drink.

I got worried
when she didn't show, so, um...

I have to testify
about this?

You might have to, yes.

Look, I have a lot of work
to do here,

so I really shouldn't
have said anything.

You should have told
the police.

At the time,
I didn't make the connection.

Absentminded physicist?

You don't look
that out of it, Mr. Collins.

I went to look for her.

She came stumbling
out of her room.

Look, these jocks...

I mean, if I testify,
they're going to...

We can always finish
this conversation in court.

Okay, Joel runs out.

He throws his arms
around her

and sort of...
carries her back in.

Joel Holder?

Yeah. Joel Holder.

SCHIFF:
What would you settle for?

If he'll roll on Campion,
rape three.

Maybe toss in menacing.

With the questionable DNA,

rape one is going
to be tough, anyway.

Even with the witnesses.

I hate to roll him, Adam,

but the closer we get to trial,
I'd be happy with anything

before we get hit
with whatever Holder

and Campion's lawyers
have under their hats.

So far, we're basically
shooting blanks.

Set up a meeting
with her tomorrow.

Maybe she'll be ready
to plead him out.

Yeah, I hope so.

Newspapers make their stories
up, just like your defendant.

Rape third degree,
menacing

with a leniency
recommendation.

That could still
mean prison.

Oh, I'm not going
to jail.

If you're convicted, a
jury will send you away
for longer than we do.

Mm-hmm, so you want me to lie,
betray my friend,

and go to jail
for doing this.

A witness saw you dragging her
from the room.

I wasn't dragging her!
Joel.

She was drunk.

I was helping her walk.

Mr. Holder, I assume
Miss Gifford informed you

that rape in the first degree
holds a minimum of eight years.

Stop trying to scare him
with numbers.

He's succeeding.

It wasn't rape.

Joel, not another word.

And if it takes a trial to prove
that we're innocent,

then maybe we have
to go through with it.

We'll talk sexual misconduct.

A misdemeanor
for what happened to her?

You have the wrong century.

And you have the wrong offer.

I feel for Miss Fermi,

but she's putting herself
through this for nothing

and doing it
to my client, too.

Either he's tougher
than he looks,

or he believes what he says.

Let's see what Campion believes.

You can't prove sex
wasn't consensual, Stone.

All you've got
is the girl,

and her memory is as
bad as her morals.

We have a DNA match
on your client,

a witness who puts Miss Fermi
in his room,

and slew of witnesses that say
she was very drunk,

too drunk to consent.

I read the medical charts.

.13 is not that high.

She was a heavy drinker.

Now, you said you had
something to offer?

Rape three

with a recommendation,
plus testimony.

What is he,
a serial killer?

We could just discuss
sexual misconduct, huh?

For Mr. Holder, maybe,
not Mr. Campion.

I can't believe this.

You're destroying my life.

Doesn't anybody
understand that?

We're just talking,
Ted.

My mother hardly gets
out of bed anymore.

My father, who is going broke
to prove I'm innocent

looks at me
like I can't even be his son.

That's enough, Ted.
No, it's not enough!

You're playing with my life
like it's a game.

Rape three, rape one,
sexual misconduct.

It's a joke.

Andrea came
to the party...

Ted, we discussed this.
And I don't want
to wait.

She knew what she wanted,
and she got it.

If you want proof,
talk to her boyfriend,

talk to Gary Burnham.

He set it all up.

I haven't heard
the word "immunity."

This week I forgot
what it means.

And my client
forgot what happened.

If he tells the truth,
and it's accessory,

he won't be charged.

I invited her to the party,
but she knew why...

...to have sex with some
of the fraternity brothers.

With Holder and Campion?

They just happened
to be first.

It could have been anybody.

She just wanted
to have a good time.

She told you this?

I found out...
about all the guys she'd had.

She said it was no big deal.

I got angry.

I said, "You want
to take on the whole house,

I can arrange it."

She laughed,
and said, "Go ahead."

You thought she was serious?

Not at first.

When I called her
about the party,

I said
they were waiting for her.

She said, "They're going to love
my costume

if they like little girls."

I thought she meant it.

I thought she wanted it.

None of it is true?

Okay.

He thought he was the first man
in my life.

And when we fought,
we said stupid things,

but we didn't mean them.

Did you say the boys
would like your costume

if they liked little girls?

It was a joke.

Gary will testify.

So now it's not just my word
against Ted and Joel's

it's against Gary, too?

You don't want to go through
with this.

Do you?

If the boyfriend's convincing,

the jury sees
a premeditated orgy.

We're on a line--
seduction or betrayal.

Juries like
the seduction side.

I had breakfast this morning
at the City Club.

Two bankers sit behind me.

I listened while they
convinced themselves

that she's responsible.

What are we supposed
to do?

Rewrite the entire sexual
history of women

in the courtroom?

The boys think

they did nothing wrong,
and she's vague.

She threatened,
she knew them...

And she didn't consent.

The Supreme Court
in Canada

has allowed
women's sexual histories

to be introduced in rape cases.

Message for you.

Current issue.

Sex Crimes and the Law.

Page 54.

"Recent jury studies
show women need

"to separate themselves
from the victim.

"They need to believe
it could not happen to them.

Therefore, women
do not believe the victim."

This cheers me right up.

We need a jury
of feminists.

You need a witness to get you
past reasonable doubt.

The law says
we don't need corroboration.

Wonderful.

Last time I looked,
Utopia is a small town upstate.

Different zip code

from the Criminal Courts
Building.

Gail Carradine's strong
but she's not strong enough.

Schiff's right.

With Campion and Holder
in ties and blue blazers,

the jury sees
their sons.

They won't see their daughters
in Andrea.

What about Gail's husband?

What about him?

She said he had been
the president of the fraternity.

So?
Fraternity presidents
tend to be straight arrows.

Why not appeal
to his honor?

Why don't you try
prosecuting bad guys.

You know, like criminals.

Ted and Joel
are good guys?

You were on the same
floor at the same time

this rape took place.

I never saw a rape.

You really want
Theta Phi

to be a fraternity of rapists?

I saw Gary in the hall.

He was sitting down.

He was drunk.

He looked like

he was going to cry.

I asked him
what was wrong,

and he said,
"I should have warned her.

She didn't know."

We had a deal;
you can't charge him.

Paul.

"If he tells the truth,
and it's only accessory,

he won't be charged."

You lied, Gary.

It was a mistake.

We have a witness
who talked to you.

You knew Andrea
didn't consent.

You can't get in testimony
against my client.

Hearsay.

Statement
against penal interest

in furtherance
of a conspiracy.

I think we'll get it in.

PAUL:
Try it.

We'll have an indictment
on Mr. Burnham

in 36 hours.

I just want this to end.

It can,
if you cooperate.

PAUL:
A few minutes with my client--
alone?

He'll say
what you want him to.

I can't promise you'll get
a conviction on it.

Sexual abuse,
first degree.

Come on, if anybody deserves
a misdemeanor, he does.

He didn't have sex with her.

Just pimped for those who did.
Sexual abuse two.

You need him.

He's your best hope.

Ted and Joel told me that
she wasn't worth worrying about,

that they'd prove
the kind of girl she was.

When you entered the room,
what did you see?

Ted was having intercourse
with Andrea.

And did Andrea protest?

At first, she
looked unconscious.

Then she started
to moan.

She tried to sit up,

but Ted pushed her
back down.

His shirt fell over
on her face.

Was that to prevent her from
seeing who was assaulting her?

Objection.
Calls for a conclusion.

Sustained.

How long were you
in the room?

When Ted finished,
Joel undressed.

He got on top
of her.

It sounded
like she was crying.

Joel finished.

Ted motioned to me
that it was my turn.

That's when I left.

Mr. Burnham, do you have
any doubt at all in your mind

that Andrea was not consenting
to have sex with the defendants?

Objection.

He has no knowledge
of anyone's state of mind.

Statement of intent
hearsay exception, Your Honor.

Still conclusionary, Mr. Stone.

Objection sustained.

No further questions.

Mr. Burnham, did you
and the other boys stand around

and say, "Let's get Andrea
to the party and rape her"?

No. We talked

about having sex with her.

Then you thought
she'd be willing?

Isn't that right?

We thought,
I mean, I thought...

If you planned
to have sex with her,

either you assumed
she'd be willing

or she'd have to be raped.

Which is it?

We thought
she wouldn't mind.

Wouldn't mind having intercourse
with your two friends?

Why would you think that,
Mr. Burnham?

I guess because
of her reputation.

Objection.
Miss Fermi is not on trial here.

Sustained.

Let me ask the witness
directly.

Did you believe
she wouldn't mind

because she told you
she wouldn't?

I misunderstood her. I...

There was no misunderstanding
in your pretrial statement.

Are these your words?

"I said, 'if you want
to take on the whole house

"I can arrange it.'

She laughed
and said, 'Go ahead.'"

I said later, I knew
she didn't mean that.

This was after entering
into a plea bargain agreement

with the district attorney's
office?

I was sorry for what happened--

for having lied,
for having hurt Andrea.

I loved her.

Just one more question.

If you thought
she was being raped,

why didn't you try to stop it?

I don't know.

Ted and Joel were my friends.

I don't know.

No more questions, Your Honor.

Redirect, Your Honor?

JUDGE:
Briefly, Mr. Stone.

Mr. Burnham, the night
of the party, did Andrea

do or say anything to you

to indicate
that she wanted to have sex

with the defendants?

No.

Never.

Thank you.

I had been drinking
for maybe an hour.

Do you recall entering
the defendant's room?

It's all hazy.

I remember
sitting next to Ted

on the couch,

and he held a bottle of Scotch
up to my mouth.

Do you remember

being forced
to have intercourse?

Just in flashes.

I'd blacked out.

I remember trying
to leave the room once,

and somebody
pulled me back in.

And the room was dark,

and I was on the floor,

and it was happening.

What was happening, Miss Fermi?

Somebody on top of me...

...inside me.

And then, somebody else.

And I tried to push them off.

I said, "Please, no,"

but they wouldn't stop.

And something fell over my face,
and I couldn't breathe.

And I passed out.

Thank you.

No further questions.

Miss Fermi, we've heard
testimony that you consumed

seven to ten ounces of alcohol.

Have you ever had that much
before in an evening?

Yes.

Can you normally walk
and talk clearly

when you've consumed
that much liquor?

I passed out that night.

So between the time

that you had a normal moment
with the defendants

and the time
you regained consciousness,

you can't really say
what happened, can you?

I've already said
what I can remember.

Isn't it possible you indicated
a desire to have sex

with the defendants?

I hardly knew them,

and what I knew of them,
I did not like.

Can you swear

that in the interim between

their perfectly acceptable
behavior of the defendants

and the time you claim
to have been assaulted,

you gave no indication that
you would have sex with them?

I told you, I didn't know...

Yes or no,
Miss Fermi.

Can you swear to it?

I cannot believe
that I would have done that.

Isn't it possible

you might have forgotten
you consented,

and in a moment of panic,
thought you were being raped?

If you think

that a woman doesn't know
when she's being raped,

I hope you never find out
how wrong you are.

She was well-prepped.

At least you're still
in the ring.

She was good; she could have
been turned against herself.

She's about to be.

Andrea slept with someone else
the night before the party--

an old boyfriend.

They call him tomorrow.

Son of a bitch.

Our engaged victim.

That's the trump card.

Call her,
I want to see her.

I want to see her now.

How could they have found out
about that?

They have investigators, too.

You realize you've put
this entire case in jeopardy?

If you had told us,

we may have been able
to work around it.

FERMI:
He was lonely.

He wanted me back.

He told me how beautiful I was.

I let him kiss me.

It just happened.

You always said

that prior sexual experience
wasn't relevant.

It was the night before,
for God's sake.

In the jury's mind,
it bears directly

on your attitude
toward casual sex.

You testified that you thought
you were engaged.

But it doesn't change the fact
that I was raped.

Or do you think it does?

What I don't
understand

is why were only two types
of semen present?

It's viable for 24 hours.

Because Jimmy and I
used a condom.

I always do.

No exceptions?

Never.

MAN:
Mr. Hollis,
you knew about this case.

Why didn't you contact either
the defense or the prosecution?

Why would I? It had nothing
to do with the rape.

Alleged rape.

Right.

Then I talked to the man
in your office,

and I guess I realized
I didn't have any choice.

Thank you.

No more questions.

Mr. Hollis, you testified

that this was an impulsive act
on both your parts?

It happened
pretty quick, yes.

Was any precaution taken

against disease transmission
or pregnancy?

We used a condom.

So despite the passion
of the moment,

you still took the time?

She insisted. She always did.

Always?

Yeah. Always.

Thank you.

Your Honor,
People would like

to recall a previous witness.

Andrea always demanded
that we use them.

She was fanatical
about it.

So if she were voluntarily
having sex with someone,

it would not be unprotected?

Objection. Calls
for a conclusion.

Then, I'll rephrase
the question.

Mr. Burnham, in your
relationship with Miss Fermi,

who purchased the prophylactics?

I usually had them.

If I didn't, she always
kept one in her purse.

Thank you.
No further questions.

Concerning the defendant
Joel Holder on charge of rape,

in the first degree,
how does the jury find?

We find the defendant
not guilty.

( observers murmuring )

Concerning the defendant
Theodore Campion

on charge of rape
in the first degree

how does the jury find?

We find the defendant
not guilty.

Yes.

( reporters clamoring )

Miss Fermi!

Just one question.

Just tell me...

will you...

Miss Fermi,
don't do this to yourself.

You did nothing wrong.

They knew what they did to me.

They knew I didn't want them to,

and that jury just told me
that I'm guilty.

And they were wrong.

I went through all of this
for nothing.

It may seem like that
this second,

but this verdict
will outrage people.

The next time...
Great, thank you.

Thank you for the pep talk.

It's nice to know
I performed a public service.

Miss Fermi.

Miss Fermi.

The jury made a mistake,
the system let you down.

I'm sorry.

So am I, Mr. Stone.

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