All language subtitles for bravery-law.and.order.s01e14.1080p.bluray.x264_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.

Paul!

I had your office try you
at home this morning.

You're still asking
for a severance.

Yeah. Almost not, given the number of
threats my client received this weekend.

Diane, we prepped him for this. He
wavers now, we're back where we started.

He's a kid… just the sight
of these two will freeze him.

- That's their right.
- To intimidate him?

We requested
separate transport vans.

Hopefully this thing'll
be short and sweet.

Docket number 9357.

Motion to sever
defendant Ryan M. Cutrona

from co-defendants

Howard S. Metzler
and Steven B. Hanauer.

Why is there a motion to
sever in a gang rape case now?

I'd like to get
this trial started, people.

The more motions
filed on this case,

the more press
attention it seems to get.

Due to an overwhelming amount of
evidence against his co-defendants…

What evidence? He's
lying. He's got nothing.

He wants to save his own ass.

- Order!
- Don't be stupid, okay? Don't be dead.

Order.

We know what you did.

- Okay, you hear me, Ryan?
- Counsel!

I'll have your client detained!

Look at me! Do you hear me?

Huh? You hear me?!

I want you to know exactly…!

Wait, Ryan, don't…

Get down, get down!

Face to the floor! Do it!

Because I can't even
get him to sit in a damn chair,

much less listen
to anything I have to say.

A severance is not going
to do your client much good

if he's facing the
exact same charges.

Oh, for crying…
The kid's terrified.

I offered to lower the charges if
he gave me pertinent information.

Okay, so where do we stand?

I can prosecute either
way, with or without him,

but I'd have to guess from
what happened in court

that he's got
something of value.

I'd rather have
the truth than not.

Yeah. So let's set it up.

We'll take a run at him.

Howard, how
long did you follow her for?

A couple blocks.

Did anybody talk about
it while you followed her?

We really didn't think
he'd go through with it.

Why? Did you
talk about it before?

Yeah.

Ryan said he wanted to.

We just thought…
we'd set him up,

he'd back off, get scared.

That's not true.

Did you touch
Ms. DeVries at all?

We're clear
on that issue, Detective.

My client stated
that he only watched.

Did you
want to touch her?

Ryan's the one who got off.

Hanauer's is worse.

He says you begged him
to help you do someone.

Says they even had to
stop you during the attack.

I don't want to see it.

It's just more lies.

Why don't you fill us in?

I can't.

Ryan, whatever you're holding back
must be damning enough to scare them.

They're counting on your
fear to protect themselves.

I'll take a lie detector test…

And prove that I
didn't do anything.

That's not enough for what
your buddies are telling us.

Ryan, you're accused
of raping a woman.

I'm 17.

- I don't have a record.
- You'll be tried as an adult.

Any jury that sees those tapes

will send you up for a lot more
time than your buddies'll do.

You know he didn't
run point on this.

I can't prosecute on instincts.

She had bruises on
her wrists and ankles.

How many hands do
you think my client has?

Interesting defense. You
plan to out-prosecute me?

Where are you
going to take this?

I can only work with
what I have on hand,

and if your client plans to…

martyr himself with a heavier
sentence, that's not my problem.

I'll go after the others as
hard as I do your client.

DNA tests on the semen
samples are due in this afternoon.

We'll talk with you then.

Because it's a game to these kids,
and I'm sure they were the driving force.

The Cutrona kid's holding
something… I have no idea what it is.

Nothing out of the
transcripts from the victim?

Her recollection has
been shaky at best.

She's pretty much
repressed the whole event.

She's what, a reporter?

Reporter? She
does exploitive crap!

All sizzle and no steak.

Where is that coming from?

I'm sorry, Adam, but
I have to be honest.

I want to put away the
scum that raped her,

but I don't have to embrace her
journalism, her lifestyle, her attitudes.

I don't like her and I don't
think a jury'll like her either.

Tough case without
her on the stand.

I wish that were
my only concern.

I feel like we're hitting
baseballs in the dark.

We've got enough with the
tapes and maybe the circumstantial

to put someone away…
Probably the wrong kid.

Which means that Metzler's
and Hanauer's people

will ask to be severed
from the Cutrona kid

because he'll take the fall,

then they get suspended
or greatly reduced.

Or maybe nothing.

No match on the semen sample.

On any of them?

That could solve our entire
dilemma. We may be dead in the water.

Possibly another assailant?

Never mentioned by the others.

She was foggy the first few days on
the numbers, but since said it was three.

- What about a boyfriend?
- I'll check.

Just a minute…

Did she state whether there
was penetration during the rape?

She's repressed it.

Rape kit findings at the
hospital indicate there was.

If there was no
discharge during the rape,

could be a boyfriend…
Previous night, that morning.

Well, find out.

Either way, we're hurt
without a DNA match.

Paul!

We're thinking of
requisitioning you

a flak jacket for your birthday.

Yeah, it's all
over the precinct.

Last I heard he… what,
single-handedly disarmed the kid?

Crushed the gun
with his bare hands.

Monica DeVries have a boyfriend?

Don't know. Why,
are you in the market?

How was she in the line-up?

What do you mean?

Her confidence.

- Not good, she wasn't clear.
- And the perps?

The young kid was
a giveaway, nervous.

He'd never been in a line-up.

Is this thing unraveling?

There's no DNA match
on the semen samples.

Come on, that's crap! They bragged
about it all over the neighborhood.

We got their confession on tape!

Conflicting.

Yeah…

still.

So there's no match… that
doesn't mean she wasn't raped.

What are you gonna do?

Hope she slept with
someone before the attack.

Four in the last half hour.

Press thinks the case
may be slipping away.

How do you think they'd react
if they sensed an opportunity

to publicly fry
one of their own?

Meaning what?

Advance copy of
tomorrow's "Ledger."

- This backed up?
- They know she's got a record.

A five-year-old bust. She
was there to research a story.

Can't we counter
with a statement?

Like what? "Everybody
past fifth grade

should understand relevance"?

Reasonable doubt in the mind
of a jury, the defense'll run with it.

One drug arrest five years ago.

It's like another lifetime. But
now, because it's on page six,

I can be raped without penalty.

It's not a question
of abstract application

of the law, Ms.
DeVries, it's perception.

We're dealing with the collective
minds and morals of a jury.

Often, it's just a question
of cause and effect.

What was she doing down there?
Why was she dressed like that?

And what's her background?
Jurors are not computers,

these things do have
an impact on them.

Maybe they'd like to
check between my toes

for needle marks
before they rule.

I'll pass.

I've already been
bent over once.

Unfortunately, we can no longer
prosecute without you on the stand.

You told me you had no problem
with me being off the stand,

that the drug arrest
might cloud the issue.

In a perfect world it would, but
your friends in the fourth estate

have taken that
choice out of our hands.

Plus… we didn't get a
match on the DNA tests.

- What?!
- Do you have a boyfriend?

Someone you might have
slept with before the attack?

What the hell does that matter?
Does that mean I wasn't raped?

The defense'll probably
ask for a blood sample.

From every guy they think
I might have had sex with?

Monica, I don't want
to diminish the rape,

but you're a reporter,
try processing the facts.

If it's the system you
abhor, make the decision.

Do you want these people who
violated you to walk uncontested?

No one in this
room has the ability

to redesign the entire railroad.

So I should just lash myself
to the front of the train?

Make my peers really happy.

Give them a lot to write about.

You think this is
enough newsprint

dedicated to one
rape investigation?

Everything but my
name… How polite of them.

There's enough newsprint
that if you don't testify,

you're sending a dangerous
message to the women of this city…

That a rape victim's
chances for justice are so slim,

she might as well not
even press charges.

You are a public figure.
People do watch what you do.

It's difficult for any woman.

I'd be lying to myself if I
thought it was easier for you.

Testifying might be the
only way to counter this.

"The Post", "The Times",

everything to "Vanity Fair."

She's right…
Everybody's taken a shot.

She's not named, but
she's well-known enough

so the description does
just as much damage.

Who provided the most coverage?

"Post."

You know anyone over there?

One or two people, why?

We need as much
background on her as possible.

You think she's still using?

If she is, I'd like to know
before the rest of the world does.

Thank you.

Lunch? Thanks a lot.

Look, the bottom line is,

nobody's gone too far.

Every news source in
town has practically ID'd her.

No more than any
other rape victim.

"Well-known investigative
reporter for local TV

whose oft-criticized style of
sensational and exploitive coverage…"

Listen, man, she's a
local minor celebrity,

people want to follow the case.

The need to read drives the press
to print speculations like a drug habit?

Can I put it this
way? Nobody I know

is afraid of a
civil suit for libel.

She says she's clean.

Plus, I talked to her producers…
They verified the assignment.

Her producers? What
are they going to say?

She's a commodity, man. You
think they're going to burn her?

But her peers will?

Her peers?

Maybe her peers think
she got what she deserved.

Why? Because they think she was
buying or because they think she's a bitch?

Look, I'm not here to
make any accusations,

but if you listen to what
the hallway rumors are,

that's what she
was down there for.

How many assailants
were there, Ms. DeVries?

- There were three.
- And did all three of these men

attempt to engage in sexual
acts with you on that day?

- I think so.
- You originally told police

there may have been as many
as five assailants, is that not true?

- I was confused… — The hospital
reports that you were traumatized,

and suffering from trauma-induced
amnesia, is that correct?

- Yes, that's right.
- You remember now?

- Yes! — You remember the
day and the time of day?

How warm it was? So warm
you wanted to take your jacket off.

You remember the stoop
that they forced you under,

screaming for help,
and begging for mercy?

- Yes, that's right. — Yet you cannot remember
how many men tried to have sex with you?!

That's not the same thing!

Did any of these men
try have sex with you?

- Yes, damn it! — Then will you
submit to a drug test, Ms. DeVries?

What the hell is going on?

At that point, I'd jump
up and yell objection.

And then what would happen?

I'd argue relevance,

the defense would state that
you were there to buy drugs,

or already under
the influence of them.

Thus your recall…

Or your actions…

Were radically different
from what we're stating.

And you would say?

I don't know.

Why don't you tell me?

Word has it, your habit is
not as old as you'd like to think.

I was not high.

Okay, that's a start.

Were you there to buy drugs?

I was raped.

What the hell difference does
it make why I was down there?

It doesn't.

I don't care if you were
there to buy a nuclear bomb.

You are not on trial.

But I cannot
prosecute effectively

if I have to worry what's
around every corner.

I asked them if they
had any coke for sale.

Them… the boys who raped you?

It was for the story.

To check on availability.

Hurts us that she
initiated contact.

The defense'll state it
could have been a come on.

That's beatable if the jury buys

that her request for
coke was research.

Do you? No…

But I don't have any choice.

It's her memory I'm
concerned about now.

Her recollection on
a lot of the details

did feel… co-mingled.

Could have been
culled from the papers.

Yeah, too good on some,
non-existent on others.

She remembered she scratched
someone, that her actual memory?

"I remember…

clawing at a sweaty face."

Police report does not list
scratches on any of the accused,

and there was no tissue
under her fingernails.

And "The Post" and another paper
both describe that in portrayal pieces.

She hadn't talked
to any reporters.

They took license,
did not present as fact,

and she latched onto that.

Do you think it was
a conscious attempt?

My best guess, no.

I'd say she's
filling in the blanks,

and what better source
than news accounts?

It makes her a
liability on the stand.

Which means we better
find out one way or the other.

At this point, she had no
recollection of the event at all?

She knew what had happened to
her, but only because she had been told.

And she was still
in physical pain.

Any rule of thumb on how
much usually comes back?

It differs case to case.

Best hope scenario.

Usually the mind
will only go so far.

It'll fill in the areas
of information

around the assault,
but it won't go

all the way back into the pain.

Thanks.

If we put her on the
stand now, they'll shred us.

I don't know.

The public hears dismissal,

they think the case
has been dropped.

We'll be editorialized
from hell to breakfast.

I'll re-file as soon
as something breaks.

Yeah, well, they won't
let you finish the sentence.

The press hears dismissal,

that's it.

Then you tell me what to do.

The judicial calendar has
already been announced.

Who did you draw? Scanlon.

Tough on rape, could
have done worse.

Adam, she had poor recall

in the mock cross,
and her own doctor

doubts the details
have returned.

That, combined with
the drug use rumor.

The fact that she
asked about coke,

whether it was research or not,
puts her in a pretty negative light.

What about the gun
charge on Metzler?

Criminal possession, third
degree, he never even fired it.

He had intent but, with three
court officers wrestling for control…

That's an "E" felony. Would
you rather let him walk?

It's his first offense.

They'll plead to a
class "A" misdemeanor,

he'll walk and then we'll
really look desperate.

Whew! We'll hold it.

We'll tack it on
the rape if we get it.

All right, you just
do me the favor,

and you go as fast
as you can to re-open.

We'll get Greevey and Logan
back on the investigation.

They'll find evidence to
open up the Cutrona kid.

It lies with him.

Somebody's gotta
talk to Monica DeVries.

We go into
trial now and we lose,

we cannot go after
them again ever.

You asked me what I
thought the odds were,

I'm giving you a
fair assessment.

It'll be swept into
some pending file.

Monica, we're
not dropping the case.

Oh, and we'll have a better
chance two months from now?

Hopefully we can go in with
more substantive evidence.

What more could you possibly
need? They've confessed!

I need you on the stand
and I can't put you there.

I agreed, for God's sake.

You don't remember.

What?

You don't remember the events.

Your mind has picked up on a mixture of
facts and speculation from the news media

and blended them together
into something that you believe.

But if I put you on the stand,

any defense
attorney in this city

will blow enough holes
in that case to bury us.

What matters
is that they did it.

Yes, that matters.

But the three of us
knowing that in this room

is not a substitute for proof.

And I do intend to prove that
you were raped by these suspects.

Docket number 9357,

motion to dismiss

in People versus
Howard S. Metzler,

Steven B. Hanauer,

Ryan M. Cutrona.

Mr. Robinette.

Your Honor, with respect
to the People's motion,

I'd like to reiterate the State's
intention to reopen this case

on such a date when
further evidence is obtained.

Otherwise, the People's
position is clearly stated

in the papers filed earlier.

Your comments are
so noted, Mr. Robinette.

Case number 9357 is dismissed.

Defendants are free to go.

I'd just like to get this case

back up and running
as quickly as possible.

If it sits, we run the risk
of it collapsing completely,

and this case is
not un-winnable.

Wait a minute, we gave
you enough to prosecute.

We're not the ones
who blew this thing.

This is not an assessment of blame. It's
a petition to put the case back together.

We've got a victim who's
co-mingling fact and fiction,

and a defendant who's holding
back relevant information.

So how do we get the truth?

You made the
motion to dismiss…

you got any ideas?

No, I don't have any
ideas! That's why I'm here!

All right, fellas, could we please
hold this down to a dull head stomp?

We're thin.

It's obvious they're
holding something back.

If we weren't confident you
could provide that something for us,

we would've taken
our shots with the jury.

As for suggestions, I
don't have any ideas.

We weren't able to
leverage Hanauer,

or Metzler, and the younger
kid is not forthcoming.

And he's not going to give it up
now that the case has been dismissed.

But…

if you guys can
find a back door…

Well, maybe we press
the two older kids…

Work some kind
of a play on them.

We'll backtrack
through our notes,

see what pops up.

All right, three weeks,

that's all I can afford
with their caseload.

Thanks.

Personal effects,
Monica DeVries.

She never picked them up.

Never will, either.
Reminds her too much.

I can't say as I blame her.

Mind if I borrow this?

Oh, no, Paul. We have our own.

All right.

They stopped here around
3:50 in the afternoon.

They forced her
down under that stoop.

General disagreement
on who said what,

blouse was ripped off,

jacket pulled up to
hold her arms until it rips.

Slight shoulder
dislocation during struggle.

The… well,

now we get into
a big discrepancy

as to who was
actually on top of her.

ER report…

Multiple attackers.

How many of these
buildings did we canvas?

We canvassed both sides…

Whole block, came
up with nothing.

No witnesses, just
a lot of listeners.

It's the post Kitty
Genovese era.

No one wants to look, they
think they'll get involved.

This building and
the one next to it,

weren't there a couple of
apartments we never got?

Yeah, 1B, right here.

Fifth, sixth and 11th.

Left notes each time.
Upstairs, same thing.

Good a place as any.

It's about the rape
that happened out front.

I was gone.

Upstate at my sister's.

Did you hear anything from any
of the neighbors about that day?

You still haven't caught them?

Hey, Max,
let me get in here.

Yes, ma'am, we have.
We're just following up.

We're wondering, did you
hear anything since then?

Talk, rumors?

I don't go out.

This is as far out
in the world as I go

without my son.

You better believe
I wasn't at home.

20 hours of labor.

Besides, I called. I left a
message at the number you left.

We never got it.

- What a surprise. — Ms. Varella,
was there any talk in the building

about what people heard or saw?

Yeah, there were more people here in one
weekend than I've talked to in two years.

How come you
only arrested three?

Why? Do you think
there was more?

The guy down in "C," Silva,

heard the whole thing.
Said it was six or seven?

Well… wasn't it?

I heard the case was dismissed.

That doesn't mean it's closed.

Did you hear the
rape, Mr. Silva?

Most of it.

Although I wasn't sure
what was going on.

I mean…

this street.

Didn't we talk to you? We
got a statement down from you.

I said that I was gone.

I was… going through something

with a friend of mine.

I didn't want him
to know I was here.

You didn't call 911
during the attack?

I wasn't sure at first.

Uh…

I know I was wrong not to.

These kids live around here.

You know how much
bashing goes on on this block?

Besides…

I heard you were
making arrests, so…

How many people did you hear?

I thought I might have heard…

five.

I, uh… I-I…

I guess I might
have heard three.

I tell you, it's more of a mess
now than it was two months ago.

People don't know what they heard,
what they saw, what they didn't see,

what they heard on the news, what they
heard on the street, in the newspapers.

Maybe we'll get a guy
down here with a gold watch,

hypnotizes the
whole neighborhood?

What?

Why don't we take a
legitimate shot with the vic?

Come on, Mike, It's
a weak case as is.

You know how the courts stand
on that. Hit and miss at best.

No, no, no. I'm not saying we provide
them with hypnotically-induced testimony,

No, we'll use it for
investigation only.

Talk to the DA.

They
don't always toss it,

but they have been uneven
in accepting aided testimony.

I know that. That's
not what we're asking.

Look, we're up
against a wall here.

I don't want to put her under,

have a new
investigatory line pop,

then have the courts tell
you guys we can't use it.

It's a good idea… try
it, but if anything new

surfaces during the
session, we've got to link it

to something
substantive down the line.

As testimony, I'd
rather not use it at all,

unless it's
extremely compelling.

We'll let you know.

We got bad news.

It's the tox report.

She left a brush and some other
effects with the police after the rape.

The hair tested positive, but…

We can probably counter it.

It doesn't mean she
was using on that day.

Paul, you made a
serious mistake here.

You ordered a lab
test on what basis?

It's for our knowledge only.

I don't want to
prosecute her on it.

What about her right to privacy?

Wait a minute.

This is one of your
biggest concerns.

"Let's find out before the
rest of the world does."

That is over the line.

You mean to tell me
it's more important

that we maintain some
myth of blind justice,

walk into court and
get our butts kicked?

You'd rather not know?

Not if it means circumventing a
basic guaranteed right of the people.

What about the
Supreme Court's stand on

blind drug testing… mandatory
in certain job classifications?

Not mandatory when you're raped.

"…It's a party,"
and they started to laugh.

When they ask
where you were going,

do you look at their faces?

I think if I
look right at them,

they'll stop harassing me.

What do their faces look like?

They're young.

Late teens,

early 20s.

The youngest looks frightened.

The others are bigger.

They seem older.

Which one is the most…

intimidating?

The oldest.

He doesn't have
any life in his eyes.

I know he's the most dangerous.

He doesn't care that I'm afraid.

He's not excited by it…

Not like the other three.

They're there for him.

Monica, let's back
up for a second.

When you were
describing the boys,

did you mean to describe
three or four to me?

Four.

Are you sure?

You're sure?

Yes.

Now I'm going to ask you

to relax even further.

Remember,

these are only memories.

They cannot hurt you.

This fourth boy,
who is the oldest,

focus in on him,

and tell me about his face.

Gaunt.

Drawn.

Looks that…

Might once have
been good-looking.

He has green eyes.

He has a scar
over his right eye.

His skin is pale.

His hair looks unwashed.

Did you, at any time
during the attack,

hear his name used?

Tim.

We know there was a fourth guy.

We know he committed
the majority of the rape.

We got his first name. I say
we use it against the other three.

One of them's bound to collapse.

It would only tip our hand.

Something in here
has got to lead to him.

She told us who did what,

who held her, who
performed what acts,

the fact that he tried
to get her to fellate him,

the threats to slash her face.

We got everything we
need except the fourth guy.

We pick him up, we get a blood
test to match on the semen sample,

it's a slam dunk… The
other three go down with him.

Fine, let's go pick him
up. His name's Tim.

Come on, Max, you know
what the hell I'm talking about.

All right, you want
to make a move?

Let's check the stoop for glass.

What?!

She remembered
them breaking a bottle,

threatening to
slash her face, right?

Two months later you think
we're going to find anything?

When's the last time you
swept under your stoop?

Ugh, this is making me nauseous.

Gee, that's funny, Max. You
ought to come down here.

I was thinking of puking
just to improve the smell.

Oop, more glass!

Okay, send it up.

Remind me never
to eat at your house.

They're perfectly good tongs, you
think I'm going to throw them away?

You got a couple of partials,

third and fourth fingerprints
on one of the fragments,

I think it's a bottleneck.

Run a crosscheck on every set
we got, first name Tim, Timothy…

Do all the "T's"
just to be safe.

It's going to take some time.

Hey, do I look
like I'm in a hurry?

Timothy Pruiting!

Three assaults, two narco
pops, one sale weight,

partial matches on
middle and ring finger.

Great. It's not enough…
They're only partial matches.

There's at least 35 other
possible match ups here.

He lives two
blocks from the scene.

He's been popped for dealing.

Narcotics says Metzler and Hanauer
have been running for him for months!

Fine. The prints
place him at the scene,

not the time, of the attack.

We pop him, he'll
match on the DNA.

And what if he doesn't? There's no sex
offenses here. What do we hold him on?

I don't know. This guy fits.

Tulli down in narcotics says
he'd gut his mother for a nickel.

The Cutrona kid's
probably scared to death.

Look, guys,

do I have to speak slowly here?

Yes, I think he's our guy.

Yes, I would like to pop him,

but this thing has been
dismissed once already.

We cannot go off
half-cocked. We need more.

Like what?

Like… testimony
from the Cutrona kid.

A statement, anything.

We'll give him a run.

Good, Mike, because…

I don't think he's gonna come
waltzing in here on his own!

We know he was there.

We need you to
testify against him.

You do that, the DA will reduce
the rape charges against you.

- How far?
- You'd have to talk to Stone,

but he assured me… no time.

What about working for Pruiting?

You're not up on
the drug charges.

The hope is you clean
that up by yourself.

He said he'd kill me.

Max: You let us
worry about that.

The truth is, he's a punk.

He's not going to
last long in prison.

You'd be the least
of his problems.

He'll testify.

Police, Mr. Pruiting.
You're under arrest…

Hold it!

- Get off of me, man! — You're
charged with rape and assault.

You have the right to
remain silent… Freeze!

Those little bastards
ratted on me, man.

I'm not going down alone!

You hear me!
You think I'm lying?

Those little jerks were
with me when we did it.

- I want those little humps!
- Put something on.

- Little punks'll say whatever you want to hear!
- Yeah, yeah.

What the hell's going on?

When was he
Mirandized at the bust?

Hey, that's crap if he's
saying he wasn't Mirandized.

I read 'em as we
were taking him out.

After he made the statements.

Are you gonna tell
us about our day?

Sounds like spontaneous
declaration to me.

Fine, it'll fall into "For what
it's worth," and I'll bury it.

I'll be with my client. Let's
not have this take all day.

Look,

I started during his statements.

The guy was screaming like
crazy, then the girl made a move.

I re-read them after
everything calmed down.

Hey, this guy was
out of his mind high,

he was blurting
things out left and right.

It doesn't matter. I'll
make it admissible.

Taggert'll take
the wind out of it.

The statements may be
too vague to help us anyway.

So why aren't we asking
for a blood sample?

Because we have a problem.

Oh?

You can't subpoena blood samples

if you have nothing
to match it against.

Forensics seems to have…

misplaced the rape samples.

What?!!

This is unbelievable.

They're continuing to
look, but my guess is

some idiot saw the paperwork come
through on the dismissal and out they went.

That's incredible.

Which leaves us with not much.

What do you want to do?

That's what
we're here to decide.

I can't justify much longer

detaining Pruiting
to his lawyers.

Even with the Cutrona
kid's statement?

That's an
uncorroborated statement

from an accomplice.

We need something
to back that up with.

How long can you
justify holding him?

Duck a couple of phone
calls from his attorney.

After that…

After that, you
lose the paperwork.

Max, what is this?

Last shot… get Metzler
and Hanauer to roll.

We got no leverage…
What the hell is going on?

Max, no deals. I want the
other two as much as Pruiting.

Look at those
mooks, still selling crack.

Gentlemen.

If this is a roust,
you've got no cause.

You think we need
cause, ant brain?

You think we don't know
how to move vials, huh?

Hey, Mike. Come on.

No roust, no charges,
no interrogation.

You just come in,
make some statements,

- we listen…
- Listen to what?

Your version of what happened.

Since Tim Pruiting's
been in all day screaming

- that he didn't rape Monica DeVries.
- What?

He says it was you guys.

You're full of it.

Watch your mouth.

You think I pulled that
name out of thin air?

You want me to
describe his place?

In fact, we can drop by. I'll show you
what a mess we made during the bust.

Is he saying we did
her? That's a load.

Hey, you don't
have to convince us,

we know he did her…

but we gotta pop
somebody for it.

It's bull!

You want us to roll.

We already arrested him, genius.

We don't need you
to incriminate him.

So we're not under arrest?

Absolutely not.

Unless…

he convinces us that he's right.

It can't be used against us?

That's the deal.

Tell you what.

I'll make it really easy.

I'll call Legal Aid.

They'll set up a room.

You come in, in and out,

no hanging around.
Give me a quarter.

- What?
- Give me a quarter.

What are you doing?

Huh?

Hey, that's great, Max. Now we
got even more unusable statements.

- Think so?
- Who you calling?

Marie.

Think they have a reasonable
expectation of privacy right now?

Hi, honey, it's me.

I'll probably be late tonight.

You're out of your
mind, you know that?

Stone's going to
blow a fuse over this

and Cragen'll strap
us to our desks forever.

Wrong, Detective.

They are not under arrest.

Oooh.

Because if he is,
I'm not taking the fall,

and neither should you. We
didn't do her. He got off on it.

What's all this crap
about keeping our mouth's shut?

He tells us they got no evidence

'cause he's the only
one who'll match the load,

and he gets picked up
and rolls? Screw him!

Look, we know what we
did, we just tell it straight.

All we did was hold her,
maybe some other stupid stuff,

but we're not riding
down for Pruiting.

All right, so it's damning.

Do I have to run
a list here, Stone?

Miranda, Bartolameo, the
Supreme Court's Minnick decision.

The whole thing's
illegally obtained.

They were both
represented by counsel.

Not for the past two
months, they weren't.

There were no charges pending. There
was no accusatory instrument pending,

no outstanding indictment.
You know as well as I do

that Minnick provides
nothing new in New York.

What about their privacy?

The court's stance on the
expectation of privacy is fairly clear.

Please! They were
sitting in a cop car.

With the doors wide open, in the
middle of the day, in a city street.

You think there's a greater expectation
of privacy there than on a cordless phone?

And I'm sure you know
the court's stance on that.

It's debatable.

That's not debatable,
that's precedent.

And that's what I'm
going into court with.

You did good work.

Make sure it doesn't
get thrown out of court.

I can't be sure of anything,
but I do know what I believe in,

and I believe you
didn't violate the system.

Want to re-arrest
Hanauer and Metzler?

Absolutely. No bargains.
The charge is rape.

We'll let their defense attorneys
figure out if they want to sever or not.

I'm sure they know
the procedure by now.

What do you want to
do with the Cutrona kid?

Him we need. Paul's going
to bring him in for a statement.

I can use that instead
of the DNA match.

Well, our boy Pruiting

just tried to sell everyone
he knows during booking…

Crack dealers, peepers…

All in the hopes
of landing a deal.

Hell of a guy.

Quite a piece of work.

In the coming days, you will hear
arguments on whether three men

in this courtroom are
guilty of the crime of rape.

You will then be asked
to decide two things:

the fate of the defendants,

and more indirectly the
fate of a legal system.

A system that is too often
circumvented and mocked

by those who seek to
escape the weight of justice.

A system which can
be used by the defense

to put a woman,
violated against her will,

on trial…

for anything ranging
from how she was dressed

to why she was in a
particular neighborhood.

It is the State's position

that there are no
valid reasons to justify

violent sexual behavior
against another person's will.

It is my job to present
these facts to you and hope

that you will
agree with the State's position.

It is your job to listen…

To listen how, through
willful intimidation,

and a moderate knowledge
of the legal system,

these three men

chose to flaunt
their crime of rape

in the face of a woman…

And in the face of this system.