All language subtitles for 22-Law.and.Order.Special.Victims.Unit.S04E22.Futility.720p.WEB-HD.x264-eng

In the criminal
justice system,

sexually based offenses are
considered especially heinous.

In New York City,

the dedicated detectives who
investigate these vicious felonies

are members of an elite squad
known as the Special Victims Unit.

These are their stories.

Okay. All right, guys,
we're playing Texas Hold 'em.

Again? This game's all about balls.

Who's got them
and who's a skirt.

What if
I don't want balls?

Cheater.
Wives are allowed.

All right, Michael,
make me proud. In or out?

Twenty.

Are those balls,
or what?

Call.

You guys suck.

There's the food, hon.

Raise 10.

I got nothing.

Oh. Hey, hey.

Hello?

I didn't hear you.
Who's there?

Hon, I'm going down. Something's
wrong with the intercom.

Don't forget to tip him.

Yeah.

Police. Let me see your hands. What'd I do?

Turn around and place
your hands on the wall.

Up against the wall, now. Michael
Gardner, you're under arrest.

I didn't do anything. Hands
above your head. Left hand.

Look, you got the wrong guy,
whatever it is.

It's rape, Mr. Gardner.

What?

You okay?

Yeah.

You just made a big mistake.

My God,
what are you doing to him?

Stop. This is the police.
He's my husband.

Call Erin Russ.
She's a lawyer in my book.

Why are you
arresting him?

Your husband raped four women.

Your dinner's here.
It's on NYPD.

I'm so sorry for hitting her.

I... I lost my temper.
I take full responsibility.

How did my client get hurt
between his home and here?

I don't know. How?

He fell.
Bull.

The only injuries I see are
your client's torn knuckles

from punching Detective Benson
in the face.

So unless you want to add assault
of a police officer to the tab,

I say we move on.

I did not rape anyone.

You have the wrong person.

Well, we got
a print at the scene

matching one from
your assault bust.

Yeah, from a college
bar fight 10 years ago.

All you've got is one print
on an exterior metal railing

of an apartment building two
blocks from where Mr. Gardner lives.

I walk my dog all over
that neighborhood.

You'll find my prints
in front of 20 buildings.

One print at one scene
doesn't add up to four rapes.

Your detectives
are getting lazy.

Hardly.

Mr. Gardner did us the favor of
leaving his calling card at the scene.

You choke them till they
pass out, then you rape them,

then you cut their breasts.

It's called
a pattern, Mikey.

A vague pattern

that 100 guys at Attica
have used.

You've got no DNA, no prints
at any other scene.

We have your client's description
from one of his victims.

She pretended to be unconscious,
even after you cut her.

We're giving you a chance
to cooperate, Mr. Gardner.

You'd go a long way
towards helping yourself

if you would tell us everything
that you know about the attacks.

There were no attacks.

We're done.

If they had a victim,
you'd already be in a line-up.

She's right.

That's your next stop.

Carrie, if you're ready, I'd like
to take you into the line-up now.

I don't think
that I can do it.

You can't see him again,

or you can't identify him?

No, no, I didn't get
a good look at him.

And I...

What if I don't pick
the right person?

Don't worry about that.

Your only responsibility is
to say what you think is true.

Okay, but

if I pick the wrong
person, then...

Then he gets away,
and I...

You told me
at the rape crisis center

that I don't have
to do anything

that I don't want to do.

That's right, you don't.

Okay, hold on. Why don't
we back up for a second?

Let's forget about the line-up
right now, all right?

I just want to see how
good your memory is.

Okay?

I can't.

I... I can't go
through that again.

I haven't even
told my fianc�e.

Carrie, I just want to talk
about what you saw, okay?

You know what? Why don't we sit
down for a second, all right?

Let's sit down. Come on.

You said that you passed out when
somebody choked you from behind.

What's the first thing that
you remember when you woke up?

I was on the ground,
I was on my back

and he was on top of me.

Did he say anything?

No.

What color was his hair?

Brown.

Straight?
Kind of wavy.

And did you see
the color of his eyes?

Dark. Brown, I guess.

Okay. What else? Can you remember
anything else about his face?

Anything at all?

He had dark eyebrows.

He was clean-shaven.

He had a...

A scar over his right eye.

And I think that
I saw his car.

After, he got into
a white truck.

Carrie, you remember.

You know what he looks like.

Now all I need you to do
is point him out.

Can Bethany come with me?

Sure.

Now, I'm gonna talk to Bethany
outside for a second.

Can I get you anything?

No.
All right.

Listen, Bethany, this case
lives or dies by her ID.

So no helping,
just emotional support.

I'm a rape crisis
counselor, Detective.

I've done this before.
Yeah, I know.

I just really want
to get this guy.

She'll do it. She's
stronger than she thinks.

What if it's not him?
It means he's still out there?

Don't think about it.
Just do it.

Want me to leave the room so
you can tell her who to pick?

Oh, give it a rest.

Carrie,
take your time.

Carrie,
do you recognize anyone?

And what number
is he holding?

Three.

And where do you
recognize him from?

He's the man who raped me.

Okay, we're done.

That's it.

I thought you had
four victims.

I only need one ID.

Not if it's wrong.

My client lives in
that woman's neighborhood.

She could've seen him anywhere
and gotten confused.

It was a clean pick.

And victims' memories
are always accurate?

They are when they're right.

You've got three others.

Why not bring them in
for the line-up too?

Because you know
they can't ID him.

Jury's going to hear that.

The suspect is being
booked right now.

Thank God.

Okay,
he will be arraigned,

and then the case goes
before the grand jury.

Now, you'll all
need to testify.

Will he be there?
No.

But if the grand jury indicts,
then we move to the trial phase.

You'll all have
to testify again,

and in that case
he will be in the courtroom.

Will he stay in jail
the whole time?

Well, that depends
on if the judge decides

to set bail and
if he can afford it.

Why does he even get bail?
He raped us.

The law only allows remand
in murder cases.

He knows where I live.
Where?

Upper West Side.
So do I.

What's his address?

I'm not allowed
to give that to you.

But he could have followed me.

Even if he did, it's not in his
best interest to seek you out.

It wasn't in his best interest
to rape us either,

but that didn't stop him.

The Assistant District Attorney can ask
the judge for an order of protection.

That means that if he
harasses any one of you,

he will face
additional charges.

However, if we tell him
to stay away from you,

then I'll have to give him your
home and your work addresses.

Even though you
can't give us his?

He has to know
where he's not allowed to go.

I want an order of protection.

Yeah, okay, okay.

Mr. Wonderful's a free man
as of two hours ago.

Made bail
courtesy of the wife.

On the positive side,

the judge granted orders of
protection for every victim.

Well, on the negative side,
I checked with the DMV,

Gardner never registered a car
here. Neither has his wife.

And nobody's seen him
driving a white truck.

Now that we've got
Carrie's positive ID,

I want to take a closer look
at the other three attacks.

Well, there's no apparent
connection between the victims.

These two lived on the Upper
West, she lived in Midtown, SoHo.

Gardner does like
working outdoors.

He caught two of them
coming home from work.

One getting off the N train, the
other one getting out of a cab.

These are pretty public places
to do that kind of damage

and not be seen
by a single person.

Maybe he did a little recon
before the attacks.

He sits on a place, makes sure
that there's not a lot of traffic.

All right, Carrie, I want you to
calm down, I want you to stay there.

Do not say anything, do not
approach him. Do you understand me?

We'll be right there.

That was Carrie Huitt.

Gardner just followed her
into a coffee shop.

Hey. Excuse me.
Where is he?

He left.

I'll see if
he's still around.

Did he say anything?

He smiled, he said hello...

I don't even know how
he knew that I was here.

I just walked in here, and
he's standing there in line.

Wait a minute. He followed you
in here, or he was here already?

He was here.
How did he know?

It's not enough.

Hold on, Alex. You think
this is a coincidence?

Probably not. But a judge
won't call it a violation.

She entered the establishment,

so in essence
she followed him.

Gardner's got to know
where Carrie lives.

He attacked her right in
front of her own building.

If he's stalking her, he's got
to know where she gets her coffee.

His lawyer will argue that they
live in the same neighborhood.

It's not implausible they
would frequent the same places.

Orders of protection are real
helpful when you can't enforce them.

Look, he didn't try anything,

and there is the chance
it was a coincidence.

I doubt it.

Gardner's meticulous. Everything
he does is carefully planned.

He strikes me as
a power-reassurance rapist.

Perfect job, good looks,
access to sex with his wife.

But he rapes because he's
insecure about his manhood.

Cutting the breast of his
victim is like marking her.

In a sense, he owns her
for the rest of her life.

So he slugs Olivia because
she took that power away.

Right. And now he wants it
back, and the way to get it is

to instill fear
in his victims.

By intimidating them
into not testifying.

That, and he
gets off on it.

I don't suppose we can put the
witnesses in protective custody.

There's no money. City's
laying off cops as it is.

We don't have the manpower
to sit on him all day either.

All we can do
is warn the victims

and hope Gardner
is feeling manly enough

to stay away from them.

We can't be sure
Gardner will do anything.

This is more of a precaution
than trying to scare you.

Yeah, like terror alerts.

Mommy?

Stay inside, Brendan.

I'm hungry now.
Yeah, I know, honey.

You know, we're gonna have
dinner in just a second.

Why don't you go back inside?
I'll be right there.

Karen, is there
anyplace that you can go?

Maybe a friend or a relative that
you can stay with until the trial?

What am I supposed to do,
pull him out of school?

Look, I don't have any family,

and my friends can't put up me
and a little boy.

Maybe I should
just quit my job

and lock myself
in my house all day.

I know that
this is difficult.

You know nothing.

Can't blame her
for being angry.

Our job's to protect her.
We can't even do that.

Son of a bitch.

Police, Gardner. Get up.

What's wrong?
Let's see your hands.

What's wrong?
Up against the car.

You are under arrest.

Why are you harassing me?
I didn't do anything.

Violating an order
of protection, you moron.

You just bought yourself
a cell in Rikers.

Let's go.

"Docket ending 6221,
People v. Michael Gardner.

"Intimidating a victim
in the Third Degree,

"menacing in
the Second Degree,

"stalking in
the Fourth Degree."

Your lawyer running late,
Mr. Gardner?

I fired my attorney, Your
Honor. I'm representing myself.

Oh, that's wonderful.
Approach.

Your Honor, Mr. Gardner is currently
under indictment for multiple rapes.

This is simply another way for
him to torture his victims.

I have the right
to defend myself.

Only if you understand the
implications of your decision.

You'll be held to the same
standards as any attorney.

I understand.

I'll grant your Pro Se request
for these proceedings.

Now, as far as
the rape indictment goes,

you'll have to take it up
with the trial judge.

All right, step back.

Now, as to the charges
on the table,

how does the defendant plead?

Not guilty.

Let's hear arguments.

The defendant is under
orders of protection

against four women
he's accused of raping.

He violated these orders by
approaching one victim in a coffee shop

and hiding out in front of
another victim's home.

I wasn't hiding,
I was walking my dog.

One coincidence I can buy,
two are stalking.

I don't even know what she's
talking about. I was buying coffee.

If someone saw me in that
shop, I didn't see them.

What contact did the defendant
have with the second woman?

None. The detectives arrested
him in order to prevent that.

So how did I violate
any order?

Unless the People have something
else to give me, you didn't.

Your Honor,
this is the defendant's MO.

He delights in continually
victimizing women he's already raped.

The next time, bring me evidence
that supports your theory.

I'm dismissing all complaints as
facially insufficient. Next case.

Gardner's repping himself
at his rape trial too?

Yes. Judge Preston
granted his request.

She appointed Russ
as his standby counsel.

How can Preston allow that?

There's not much
she can do to prevent it.

Normally, I would consider
this a win, but...

But Gardner just handed you
your ass in arraignment?

Yeah, I was hoping the judge would see
that this was in no way a coincidence.

Gardner didn't attack
Karen Leighton near her home.

He got her address from
the order of protection.

I mean, we try
to protect them,

and then we end up giving the
guy a map to find his victims.

I mean, next time we should
just drive him there.

The judge granted
the bastard bail.

Orders of protection were
the best we could do.

We get anything useful
from Gardner's associates?

I spoke to his wife, his
business partner, neighbors.

Same story, great guy, never a
harsh word, couldn't have done it.

So who gets to
tell the victims

their rapist gets another
crack at them in court?

I will do it.

Alexandra Cabot?

Yeah, that's me.

Your office said
I'd find you here.

Now what?

Gardner's hitting
the ground running.

Motion to sever the charges.

In three of the four cases, police
found no evidence implicating me.

Article 200.20
of C.P.L. States,

that offenses are joinable when proof of
one is material as evidence of the others.

I'm saying
you have no proof.

A positive identification
by Carrie Huitt

and your fingerprint
at the scene of the rape.

Do the People have
any other evidence

other than the pattern
of the attacks

to support the joinder
of the indictments?

We don't need any, Your Honor.
People v. West,

when the MO
is sufficiently unique,

multiple crimes can be charged
under one indictment.

The pattern in all four rapes
is identical.

Forgive me, Your Honor, I'm
not as well-versed as Ms. Cabot.

People v. Sable.

When there is substantially more
proof on one offense than the others,

there is a substantial likelihood
that the jury would be unable

to consider separately the proof
as it relates to each offense.

I believe that means the jury's
decision on the first three victims

would be unfairly influenced
by the fourth.

That's right on the money, Mr.
Gardner. It's called bootstrapping.

I'm severing all counts.

Your Honor, the particularly
heinous nature

of the crimes makes...
Would serve to only

further prejudice the jury.

That's it, Ms. Cabot.

Then I'd like to make a motion to dismiss
all charges based on lack of evidence.

I think the evidence against Mr.
Gardner has been amply established.

For the fourth victim, it has.
For the others, not even close.

The indictments for victims one
through three are hereby dismissed.

Any other business
we need to deal with?

Good. Opening statements at 9:00
a. m. Tomorrow. We're adjourned.

Unless this guy passed
the board overnight,

Erin Russ is giving him
a lot of help.

Don't worry. We'll still nail
him with Carrie's testimony.

Well, not if she
won't give it.

I just got a message
from Bethany Taylor.

Carrie says she can't
face her rapist again.

I'm really sorry.

Could you tell me why
you changed your mind?

You know why.

I don't want to talk to him,
I don't want to hear him.

You know, I have to
get on with my life.

I can't keep
going back to this.

Carrie, how are you going
to get on with your life

knowing that Gardner
got away with it?

It's not my fault,
it's not my responsibility.

That's right, you're only
responsible for yourself.

Did you discuss
some of the positive things

that could come out of a victim
testifying against her rapist?

It's often empowering. The
attack was out of your control,

but in court you have
complete control.

And even though Gardner
is doing the questioning,

he is bound by
the rules of the court.

All that you're bound by
is the truth.

I just want...

I just want to get over it.
When am I going to get over it?

Carrie, I have never
known a single victim

who regretted testifying against her
rapist, no matter how hard it was.

But I have known plenty
that wished that they had.

And by then, it was too late.

And he kept running his hand
through my hair, almost gentle.

And...

That's when I opened
my eyes a little.

And you saw his face?

Yes.

Ms. Huitt, do you see the man

who attacked you
in the courtroom here today?

Yes.

There.

Let the record reflect the witness has
identified the defendant, Michael Gardner.

Thank you, Carrie.

Ms. Huitt,

you testified that your attacker
choked you until you passed out.

Yes.

You tied a cord
around my neck.

But your attacker was
standing behind you, so

you didn't see him then.

I saw you later.

When you woke up.

And you testified that your
attacker sexually assaulted you?

You forced your penis
into my vagina.

And when you opened your eyes,

a little,
did your attacker see that?

You weren't paying attention.

How close
was he to you?

You were six inches
away from my face.

And he didn't notice
you were awake?

Isn't that strange,
if he was so close?

Is it possible he was
farther away? Objection.

He can ask the same question
20 different ways,

and her answer
will be the same.

Move on, Mr. Gardner.

The night you saw me at the police
station, was anyone with you?

Yes. A counselor from
the rape crisis center.

Bethany Taylor.

Did you talk to her
that night?

Yes.

What about?
Objection.

Communications between a rape crisis
counselor and a victim are privileged.

Sustained.

I have no other questions.

Once the fingerprint
came back,

we apprehended the defendant
outside of his home.

I advised him
of his Miranda rights.

Detectives Stabler and Tutuola
questioned him with his attorney present,

and Carrie Huitt
positively identified him

as the man who had raped her
the night before.

Thank you, Detective.

Why didn't you question me,
Detective Benson?

I was preparing your victim
for the line-up.

Oh.

So it wasn't because I
punched you earlier that night?

Objection. Relevance.

I'm trying to ascertain whether
the detective has a personal stake

in my arrest and prosecution.

I'll allow it.

I have no personal
stake in you.

You weren't mad at me?

Or, embarrassed that I eluded your
grasp in front of your colleagues?

It's not uncommon for a perpetrator
to lose control of himself.

And I have certainly
been hit much harder.

When Detective Tutuola took me
into the line-up room,

I saw you in the corridor of your
precinct. Who were you talking to?

Bethany Taylor.

The rape crisis counselor.

What were you talking about? Objection.

I think we've
already established

counselor communications
are privileged.

Actually, only communications
with the victim are privileged,

not with law enforcement.

Your objection's overruled. The
witness may answer the question.

I was advising Ms. Taylor not
to interfere with the line-up

so that it would be
fair and impartial.

I saw you looking at me
in that corridor, correct?

Yes.

I also saw Ms. Taylor
look at me.

You'll have to ask her.

Where did she go after
she finished talking to you?

Into the interview room.

And who else was
in that interview room?

Carrie Huitt.

So the sequence of events
goes like this.

Bethany Taylor talked to you,
then saw me in handcuffs.

After that she talked
to the victim alone.

And only then, after all this
talking, did the victim identify me.

Objection.
That's okay. I'm done.

This is crap, Alex.
Yeah?

'Cause it looks to me like Michael
Gardner making a really good case

for tainted identification.

I wish you'd told me about
this, Olivia. Hold on.

That line-up
was not tainted.

How do you know?

What could a rape counselor possibly gain
from helping a victim make a false ID?

It doesn't matter
what happens,

only what appears
to have happened.

Oh, come... If the judge tosses this ID,

this case is screwed.

Bethany, what's up?

I just got subpoenaed to testify
on Michael Gardner's behalf.

This isn't up for debate,
Your Honor.

The law clearly states a
rape counselor cannot disclose

unless the victim
authorizes it

or reveals intent
to commit a harmful act.

Well, it's my understanding
I have a right to due process.

How can I defend myself if I don't
know all the evidence against me?

The counselor's records
and testimony

were never in evidence.
Exactly.

So no one really knows
what was said.

And you can't go on a fishing
expedition to find out.

People v. Pena held that the
defendant cannot go on a roving tour

through somebody's
personal information

without a stated purpose.

Well, I have a very
specific purpose.

She saw me
before the line-up,

then had a private
conversation with the victim.

I have a right to know if she told her
what I looked like or what I was wearing.

All right. I'll question
Ms. Taylor in chambers.

If I feel her testimony is
material to Mr. Gardner's defense,

the jury will hear it.

How'd it go?
Great. Didn't say a thing.

What do you mean, you didn't say
a thing? You're under subpoena.

You don't have a choice.
Yeah, I do.

Bethany, this isn't
going to help anybody.

Detective Benson,

I need you to take Ms. Taylor
into custody for contempt.

Wait, Judge, there's got to
be another... Either you do it,

or I'll get someone else to.

Let's go.

Save it.

Nothing good is going to
come from this, Bethany.

I won't break privilege.

Well, it's going to be
broken with or without you.

Judge Preston has
made her decision.

She wants to hear
your testimony.

I won't give it.
End of story.

Well, did you tell Carrie what
Gardner looked like before the line-up?

You know I didn't.
Then what does it matter?

Tell Preston what
you talked about.

She'll find it immaterial
to the defense,

and then no one else
has to hear about it.

Then the precedent is set.

And every subsequent rape survivor
gets to wonder, can I talk about this

or will everything I say
be broadcast on Court TV?

No one will trust us, and no
one will report the crimes.

So what's your plan? To spend
the rest of your life in here?

I brought my toothbrush.
I'll do the bid.

Well, that's fine.

But in the meantime, this
case goes down as a mistrial

or an acquittal,
and Michael Gardner walks.

What if the victim
waives privilege?

No.

I think Judge Preston'll
go for it.

Then privilege is intact
and no precedent is set.

You would put this
on Carrie?

Do you have any idea
how damaging this could be?

Bethany, what else
do you want me to do?

Not that.

I mean it.
She can't handle it.

You're supposed to help
the victims. Do your job.

You heard what
happened with Bethany.

Mmm-hmm.

Carrie, I...

I'm asking you to waive
your right to privacy

so that Bethany can testify
about her conversation with you.

You're not wearing
your engagement ring.

Yeah, that was my decision.

I didn't want Eric to have to wait
around for me to get back to normal.

I couldn't have sex
without crying.

I love him, but I'm never
going to be back to normal.

Carrie, I really don't think
that this is the right time

to be making
these kind of decisions.

When is the right time?

You're all sitting around

waiting for me to shake this
off and get back to normal.

You have no idea.

I can't sleep more than
20 minutes a night.

I hate to be alone. But, God,
I hate to be around people more.

And I am so afraid to walk
outside or be in a crowded place,

because, you know,
I might see him.

And all I can think to myself is
it would've been so much better

if he'd just killed me.

So, that's what I talked
to Bethany about,

because she told me that
I could say anything to her

and no one would ever know.

Nothing that I do will ever
change what happened to you.

I can only try to prevent it
from happening again.

Except everything that
I have done has failed.

I'm not going to pretend
that this is a good thing

or that this is
a fair thing,

but I have to ask you
for your help

because

you are our last chance.

I hate to see you in here.

Don't worry about me. This
was my decision, not yours.

I waived my rights.

And I wish she didn't
make you do that.

But it doesn't mean anything.
I still won't talk.

It's my decision,
and it's already done.

You said that this is about control,
right? Taking it back. Well, I am.

I do not want there to be any
chance that this guy can get away.

So please testify
to the judge.

It's okay. It's...
It can't get any worse.

After questioning Bethany
Taylor, it is my ruling

that her testimony is not relevant
to the pre-trial identification

and that the defendant's right to
due process has not been violated.

Therefore, the testimony will
not be entered into record.

Objection!

You can't object,
Mr. Gardner.

Take a seat.

No, that's not fair.

That is my ruling.
We're adjourned for today.

So what else can Gardner pull
when he puts up his own defense?

I expect he'll throw a couple of
character witnesses on the stand,

he'll take his
own testimony.

We just have to be ready
for anything that he does.

Detective!

Bethany, I know
you didn't want this,

but thank you anyway.

I didn't do this for you.
I did it for Carrie.

Want to know what
you did, Detective?

This is a subpoena from a man
who raped another client of mine.

He wants her
records disclosed.

So I was thinking
you'd be the perfect person

to bully her into
waiving her rights.

I did what I had to do
to stop Michael Gardner

from raping another woman.

Six of my clients
already quit counseling.

They don't trust me anymore.

But you got your win. Who cares
if it's at everyone else's expense?

Where is everybody?

Kathy took the kids
to La Boheme. Pass.

So on your one night as a bachelor,
you go to the grocery store?

That's pretty pathetic.

Grocery store with strippers.

Liv, you've got to let it go.

You put a rapist on trial.
You did your job.

I think I made it worse.

You know that's not true.

I made Carrie relive the worst
thing that's ever happened to her.

I screwed
any number of victims

who might have sought
counseling from Bethany Taylor.

And a few less rapes may
be reported because of it.

And if Michael Gardner
is convicted,

he'll never rape
another woman.

It's not worth it.

It's not worth the cost.

To you or them?

I'm not talking about me.

Yeah, you are.

For as long as
I have known you,

you've always identified
with the victims.

Now, maybe that's because
you're a woman.

I don't know.

I do know it's one of the things
that makes you a great cop.

It's also one of the things that
makes this job torture sometimes.

You can never go back and change things
that have already happened, Olivia.

You can't.

You kill yourself
to make something happen,

or you do nothing.

And it doesn't matter.

There's always
another child molester,

there's always another rapist.

And it's like

you have to sell

a little piece of yourself
to get the job done.

So what the hell's the point?

I don't know.
Maybe there isn't a point.

Maybe the cost is too high.

Olivia, no one's
making you do this.

The difference between you and all
the victims is you can walk away.

No, I can't.

We've been waiting
for over an hour,

Ms. Russ.
We have no proof

that Mr. Gardner has
absconded, Your Honor.

If the defendant has knowingly
forfeited his right to be present,

then the trial should
continue without him.

For all we know, he could have
fallen ill or been in an accident.

Find out, Ms. Russ. Quickly.

Got it. All airports
are on alert.

So far, he hasn't shown up
on any passenger manifests.

We're focusing
on domestic flights.

His wife said that
his passport's expired.

Which you don't need
to drive into Canada,

so Customs along the New
York-Ontario borders are on alert.

Locals are putting Gardner's
mug shot on the 11:00 news.

It'll be in the papers
in the morning.

But there's still
a possibility

that he's staying in town
despite the danger.

He's already shown
a propensity for stalking,

which means that any number
of people could be a target.

That's why I want warnings out to the judge,
the D.A. S, every witness, victim, juror.

Anybody who set foot
in that courtroom

that he could see
as an enemy.

Stabler.
That includes you, Olivia.

This guy's got
a hard-on for you.

Good. I hope
he tries something.

He did try something.
Another attack.

Neighbor found her when
he was taking out the garbage,

but he didn't hear a thing.

Victim get a look at him?

Don't know. She's dead.

Cut up her face,
too, this time.

Three or four slashes. Fingerprint
bruising around the neck.

I think
he's getting smarter.

This time, there's
nobody to ID him.

Victim's Evelyn Sharpe
from Staten Island.

You were right about
the manual strangulation.

Found traces of talc, so I'm
guessing he wore latex gloves.

So he's learning
from his mistakes.

Her hands have
some defensive wounds.

Bruises on her knuckles.

So I'm thinking she woke up
at some point and fought back.

She get a piece of him?
Nothing under her nails.

No fluids or foreign hairs
on the body.

But I did find
something interesting.

Excised the skin right down to
the fascia. He got a piece of her.

So now he's
collecting trophies?

I thought so at first, but look at
the size and location of the wound.

She was fighting him off.

So he bit her.

Then he cuts away the skin
to get rid of the evidence.

Guy's becoming
a regular criminal genius.

Not quite. He didn't
cut deep enough.

There's still an impression
in the muscle tissue.

Well, can you match it
to Gardner's dental records?

Already did. No question.
We got the son of a bitch.

Still think your client's
an innocent man?

This is no longer a case of mistaken
identities or false line-ups.

This man is guilty
of rape and murder.

If I knew where he was
I'd tell you.

People are in
imminent danger here.

I told you,
I don't know where he is.

If I hear from him, you're
the first call I'll make.

If he's getting any help,
it's not from a family member.

Gardner's got
no relatives in New York.

We talked to his business
partners and his staff.

Nobody's heard from him.

The wife seemed pretty
devastated when he left.

I don't think
she's hiding him.

Dump his phones,
the last six months.

If it was a wrong number, I want
to know what the conversation was.

Gardner's financials.

All of the money
belongs to Mrs. Gardner,

but he's got access
to everything.

Any recent transactions?
Yep, a big one.

Five grand
yesterday morning.

Check cashing place
in the Bronx.

Yeah,
that's the Richie Rich.

He wanted to cash 20 grand.

I told him five was my limit.
He wrote up a new check.

He alone?

I guess so.
I didn't see anybody.

We're gonna need
the paperwork on that.

The guy had the proper ID.
I didn't do nothing illegal.

Hey, are those recording?

This kind of business?
You better believe it, lady.

We're gonna
need the tapes.

Right there.

That your guy?
Yep.

It doesn't tell us much
other than he's alone.

I digitized the tape
from the other camera, too.

Here's the same timeframe.

That's him exiting and
getting into that white SUV.

Like the one Carrie saw the night of
her attack. Did you get plates off that?

Not the way
the camera's positioned.

All the Accident Investigation Unit
could tell me was it's a '99 Lexus RX 300.

Can you play that
a little longer?

Sure.

Now, he's getting into the
passenger side. Who's driving?

Let's see if
I can blow it up.

We'll go
frame by frame.

Looks like
he's kissing her.

His wife's got long hair.

Gardner's got himself
a girlfriend.

Any ID on the mystery woman?

We got six months
of phone records.

There's nothing
out of the ordinary yet.

The problem is,
this guy is smart enough

to never have called the
girlfriend from his own phone.

And if he bought
a pre-paid cell,

well, we wouldn't
know about that.

The majority of
the calls this month

went to his lawyer.
Big surprise.

Last month, too.

And four months ago.

Why would he need to talk
to a criminal defense attorney

before he was arrested?

Because he's been having
an affair with Erin Russ.

She registered a vehicle to the DMV
four years ago. 1999 white Lexus.

Look at this.

Erin, it's Detectives Benson
and Stabler. Let us in.

It's open.

Erin, where is he?

Where's Gardner, Erin?

Where is he?

He's here.

Let me see your hands.
Put up your hands.

Are you hurt?

No.

I found the murder weapon
in the car.

He denied it, even after
I found everything.

If he attacked you, there's
nothing you could have done.

That's right.

Justifiable homicide.

If he attacked me.

I need to know it's over.

I tried setting it up
with the people in charge.

They said it was
inappropriate.

How did you convince them?

They don't need to know.