All language subtitles for Law and Order S02E08 Out of Control.DVDRip.NonHI.en.UNVSL

Narrator: 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.

Watch it, girl!

Get away from me!

Officer: I bet you
never cut class either.

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

Yes, sure.

Look at this.

Get off of me!

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, darling.
- Come on, get up.

Sophomore,
University of Manhattan.

Says she was raped
by several men...

Halloween party.

No vaginal or
perineal abrasions.

You get any signs
of intercourse?

- There was semen present.
- Did you send out the kit?

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.

Girl: I was invited
to the party.

By the men who assaulted you?

My fiancé, Gary Burnham.

He was a pledge at Theta Phi.

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, gray or brown.

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

They offered me a drink...

Logan: Who?

I'm not sure...

it's all fuzzy.

But I think Ted
Campion and Joel Holder,

two of Gary's
friends were there.

And I'm pretty sure it was Ted

that had the bottle... scotch.

I was drinking from it...

and I think there was
something over my face.

And they were on top of
me and I tried to scream.

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."

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.

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.

We don't know, why
don't you fill us in?

A pledge of ours, Gary Burnham,

he was getting
serious about her.

A freshman. 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.

You know 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 gotta tell you, if these boys
are lying, they're 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 hard 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, but we got no witnesses.

So far nobody
even saw her there.

These fraternity brothers are gonna
say Joel and Ted never left the party.

And that Andrea
made a public threat.

Aw, gee... somebody's lying.

Well, that makes you
detective of the month.

Any bets on who? 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?

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 would 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 she
asked for this to happen?

Do they give you guys
insensitivity seminars?

No woman asks to be raped.

I'm just saying
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.

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
a Halloween party.

Oh my God.

Did you see her there?

Why would she be
there? We broke up.

Why did you break
up with her, Gary?

I met her, she's
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
way 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.

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

I'll ruin your life."

The boyfriend
says she's a 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,

and she took the
apartment sight unseen.

- 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 had happened?

- Yes. She said
she had been raped.
- Any details?

Well, it was all
pretty confused.

There's something about a room,

everything going dark,
she was very shaken up.

So, she seemed like a woman
who had just been raped?

Jeez, yes. She was hurt, angry.

- Did you get
any read off her?
- After 15 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?

You're the only one I know, Doc.

Cerreta: Andrea Fermi?

Do I think she consented
to have sex? No.

Do I think she's
emotionally disturbed?

- Yes.
- How disturbed?

Disturbed enough 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 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.

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.

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 fiancée?

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 he said
we weren't engaged.

And that you threatened
him. He showed us a letter.

One of my letters?!

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?

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 you 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?

We were told it's better
if there's no contact

between any house
members and Andrea.

Yeah, Gary's a pledge.
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.

We wish she wouldn't have
fantasies on our premises.

On your premises? I thought
she wasn't here that night?

Just to double-check,

none of you went upstairs,
for even a few minutes,

- the entire night, right?
- Together: No.

Did someone mention
the word cooperation?

Try different questions.

Maybe we'll 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.
- 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?

Think that's gonna
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
a hundred kids there.

- He must have some eyesight.
- 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. 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 10 shots, easy.

Yeah, enough to put
me into a long dream.

Anybody follow her?
You know, go upstairs?

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.

Could 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?

- Yes, that's right.
- What kind of animal?

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 still 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.

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

So nothing strange happened?

It was Halloween.

But rape? No.

Excuse me.

- May I have some water?
- Sure.

Must be something in the air.

I feel like I'm
swallowing ashes.

It doesn't take Sigmund Freud

to see you're nervous.

Can you believe it?

I was a ballerina.
I felt ridiculous.

I didn't even want to go.

All those TPs act like
they owned the world.

Stuart used to be president.

I 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.

One of them said, "Come on.

- She's there. Let's go."
- That could've meant anything.

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

I'm sure, Stuart.

One of them was Joel Holder.

Yes, well, it's a mistake...

or it's a lie.

Look, it couldn't have
been me, all right?

I'm sure it is a mistake, Joel.

Why don't you clear it up?

Get a blood test, it'll show that
you didn't have sex with the girl.

Okay. Okay. All right.

No problem. You got a deal.

When?

They say somebody
saw me upstairs.

- No way.
- We were with him
all night.

Logan: Oh, yeah?

Well, Joel here's going
to take a blood test

and we'll get this over with.

Nobody's taking any blood tests.

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?

My guess is he did it, but he
knows he didn't leave a souvenir.

- How good is Gail Carradine?
- Her 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.

Come on, back up.

Come on, come on. Let's go.

- We want to call our lawyers.
- In a minute.

- You can't do this to us.
- Sure we can.

Okay, gentlemen,
toes on the line.

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.

Ms. 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.

I'm going to need
more than that.

They filed a civil
suit against the girl.

- Defamation, 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 we don't?

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.

Well, 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?

Do 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 are you going
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,
they 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?

Would you 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.

Find yourself
somebody who'll testify

she wasn't in any
condition to say yes or no.

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
a jury 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!

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 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've
been a mouse...

with big black ears.

Then again...

maybe I'm just
imagining that too.

We 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 upstairs to the bathroom.

- Did you leave her there?
- No.

I came back down, had a drink,

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

- I have to testify about this?
- You might have to, yes.

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.
- Absent-minded physicist?

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

I went to look for her,

she came stumbling
out of a room.

Look, these jocks,

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

We can always finish
this conversation in court.

Okay, Joel runs out,

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.

Robinette: With the
questionable DNA,

- rape one is going
to be tough, anyway.
- Even with 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.

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.
- I'm not going to jail.

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

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.

I assume Ms. 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 Ms. 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.

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
Ms. Fermi in his room,

and a 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 discuss... just
discuss sexual misconduct.

For Mr. Holder, maybe.
Not for Mr. Campion.

I can't believe this.
You're destroying my life.

- Doesn't anybody understand?
- We're just talking.

My mother hardly gets
out of bed anymore.

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

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

- That's enough.
- 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...
- We discussed this.

And I don't want to wait.

She knows 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.

Then 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've 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...

and the jury sees a
premeditated orgy...

We're on a line,
seduction or betrayal?

Juries like the seduction side.

I had a breakfast this
morning at the City Club.

Two bankers sitting behind me.

I listened while they convinced
themselves 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's a small town upstate.

Different zip code from
the criminal court's 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 see their sons.

They won't see their
daughters in Andrea.

How 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, like criminals?

Ted and Joel are good guys?

You were on the same floor at
the same time this rape took place.

No, 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've 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.
- Try it.

We'll have an indictment
on Mr. Burnham in 36 hours.

- I just want this to end.
- It can if you cooperate.

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

she wasn't worth worrying about.

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 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.

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. Now which is it?

We thought she wouldn't mind.

Wouldn't mind having
intercourse with your friends?

Why would you think that?

I guess because
of her reputation.

Objection! Ms. Fermi
is not on trial here.

Judge: 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 said that...

There was no misunderstanding
in your pre-trial 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.
- Briefly, Mr. Stone.

Mr. Burnham, the
night of the party,

did Andrea do or
say anything to you

to indicate 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 defendants' 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, Ms. 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.

Ms. Fermi, we've heard testimony

that you consumed seven
to 10 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

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

the 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 them very...

Yes or no, Ms. Fermi.
Can you swear to it?

I cannot believe that
I would've done that.

Isn't it possible you
might've forgotten

you consented and
in a moment of panic

thought you were being raped?

If you think 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've
been turned against herself.

She's about to be.

Andrea slept with someone else

the night before the party.

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.

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 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 there 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.

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

Why didn't you try and 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 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?

Yes, always.

Thank you.

Your Honor, the People would
like to recall a previous witness.

Andrea always
demanded 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 Ms. 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 the charge of
rape in the first degree,

how does the jury find?

We find the
defendant not guilty.

Concerning the defendant
Theodore Campion,

on the charge of the
rape in the first degree,

how does the jury find?

We find the
defendant not guilty.

Reporter: Ms. Fermi! Ms.
Fermi, how do you feel about this?

Reporter #2: Ms. Fermi!

Was that a bad decision?!

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
told me I'm guilty.
- They were wrong.

I went through all
of this for nothing.

It may seem like
that this second,

but this verdict will outrage
people, and the next time...

Great, thank you. Thank
you for the pep talk.

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

Ms. Fermi, Ms. Fermi.

The jury made a mistake, the
system let you down. I'm sorry.

So am I, Mr. Stone.