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In the criminal justice system,
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00:00:02,550 --> 00:00:06,136
sexually based offenses are
considered especially heinous.
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00:00:06,171 --> 00:00:08,422
In New York City,
the dedicated detectives
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00:00:08,473 --> 00:00:10,224
who investigate
these vicious felonies
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00:00:10,258 --> 00:00:11,675
are members of
an elite squad
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00:00:11,709 --> 00:00:13,811
known as
the Special Victims Unit.
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These are their stories.
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You get your confession?
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Nine hours.
Guy held out for nine hours.
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00:00:43,725 --> 00:00:46,393
Well, the desk sergeant
asked me to bring this up.
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00:00:46,428 --> 00:00:47,928
You want a cup of coffee?
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00:00:47,979 --> 00:00:50,397
Yeah, and two eggs
over easy,
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00:00:50,432 --> 00:00:52,232
some hashbrowns,
and toast.
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00:00:52,267 --> 00:00:54,818
Coffee's fine.
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Matlock,
judgment day.
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Don't get your hopes up,
son.
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Welcome back, Mr. Pena.
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I understand you're
representing yourself.
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Yes, your honor.
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Motion to vacate conviction
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based on new evidence.
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What new evidence?
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The evidence
would be pending a retesting
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00:01:31,923 --> 00:01:33,256
of the DNA
at the crime scene.
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There was no DNA
found at the scene.
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None found
based on the technology
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00:01:36,728 --> 00:01:38,395
at the time,
but with new techniques,
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00:01:38,429 --> 00:01:41,097
DNA can be recovered
from much smaller amounts
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00:01:41,116 --> 00:01:42,533
of trace evidence.
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00:01:42,567 --> 00:01:44,768
You're asking the court
to overturn your conviction
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based on evidence
you don't have.
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The state has the means
at their disposal
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00:01:48,156 --> 00:01:49,406
to prove that
I'm not the man
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who committed
this horrible crime.
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00:01:51,009 --> 00:01:53,127
By that you mean the crime
you confessed to?
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00:01:53,161 --> 00:01:56,647
The rape and torture
of Ariel Baskins.
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00:01:56,681 --> 00:01:58,916
You tied her up,
stabbed her,
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and tried to blind her
with ammonia.
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00:02:00,819 --> 00:02:04,421
As I have maintained
for eight years,
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that confession was elicited
under extreme duress.
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Your honor, I recanted it
as soon as--
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After pleading guilty.
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After the victim
ID'd you.
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00:02:16,367 --> 00:02:19,153
You have failed to meet
the standard
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to overturn your conviction.
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The motion is denied.
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I'm sorry.
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Mmm.
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Oh, we're going dancing.
You want to come?
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I think I'll pass.
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00:02:34,669 --> 00:02:36,253
Oh, come on.
You'll meet someone there.
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- No, I'm fine.
- Fine.
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00:02:38,790 --> 00:02:41,792
Call me tomorrow.
Not too early!
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David.
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Uh, sorry to sneak out
on you like that.
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I-I would've woken you,
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but then I probably never
would have left.
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00:03:27,321 --> 00:03:30,356
The victim
is Gina Logan, 23.
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00:03:30,407 --> 00:03:33,159
Unis responded
to her 911 call,
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00:03:33,194 --> 00:03:34,444
found her tied to the bed.
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00:03:34,478 --> 00:03:36,830
Now she told them the attacker
forced her inside
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and wore a sailor's uniform.
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00:03:39,316 --> 00:03:41,984
Right, it's Pan American
Fleet Week.
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All those Navy boys in town.
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00:03:43,287 --> 00:03:44,820
EMS took her over to Mercy.
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00:03:44,839 --> 00:03:47,674
She's out of ICU but still
in serious condition.
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00:03:47,708 --> 00:03:49,926
They said
he poured ammonia
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00:03:49,960 --> 00:03:53,630
in her eyes,
trying to blind her.
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00:03:53,664 --> 00:03:55,181
Neighbors didn't hear
anything.
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00:03:55,216 --> 00:03:57,500
- Was she gagged?
- Yeah.
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00:03:57,518 --> 00:03:59,469
Hold on.
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00:03:59,503 --> 00:04:01,837
Did he cut her
below the chest?
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00:04:01,856 --> 00:04:04,357
Yeah, three slashes.
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00:04:04,391 --> 00:04:05,859
Son of a bitch.
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00:04:05,893 --> 00:04:07,510
What, you know this guy?
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00:04:07,528 --> 00:04:09,479
Yeah.
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00:04:09,513 --> 00:04:12,315
We put him away for life
eight years ago.
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00:04:15,686 --> 00:04:18,688
But this is him.
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00:04:59,055 --> 00:05:04,993
Sync by Alex1969
www.addic7ed.com
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00:05:06,469 --> 00:05:08,586
Are you sure?
Omar Pena?
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00:05:08,673 --> 00:05:09,889
I spoke to the warden myself.
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00:05:09,940 --> 00:05:11,725
Pena was in his cell
at Green Haven
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as of ten minutes ago.
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00:05:12,843 --> 00:05:14,728
This is his exact M.O.
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00:05:14,779 --> 00:05:17,147
The Navy uniform,
Fleet Week,
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00:05:17,181 --> 00:05:19,182
the torture,
the ammonia.
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00:05:19,200 --> 00:05:21,451
If you told me that somebody
took his place in prison,
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00:05:21,485 --> 00:05:22,452
I would believe it.
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00:05:22,486 --> 00:05:24,237
You know what?
It's possible.
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00:05:24,288 --> 00:05:26,823
I mean, Pena had a hearing
in the city a week ago
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00:05:26,857 --> 00:05:28,324
to get his conviction
overturned.
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00:05:28,358 --> 00:05:30,693
He lost, but maybe
he staged a flip.
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00:05:30,711 --> 00:05:31,911
Okay, let's just back up.
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00:05:31,962 --> 00:05:33,362
Are we talking about
last night's attack?
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00:05:33,380 --> 00:05:35,364
- Yeah.
- How's the victim?
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00:05:35,382 --> 00:05:37,050
Gina Logan.
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00:05:37,084 --> 00:05:40,086
Chemical burns to the eyes
and throat, slash wounds.
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00:05:40,137 --> 00:05:41,471
He did a number on her.
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00:05:41,505 --> 00:05:43,389
- Any leads?
- No, not yet.
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No witnesses. CSU is still
checking for prints,
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00:05:45,259 --> 00:05:46,593
running the rape kit.
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00:05:46,644 --> 00:05:49,179
But you think
you know this guy?
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00:05:49,213 --> 00:05:50,814
We put Omar Pena away
in 2004.
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00:05:50,848 --> 00:05:52,265
He confessed.
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00:05:52,316 --> 00:05:55,018
The victim, Ariel Baskins,
ID'd him.
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00:05:55,052 --> 00:05:56,519
He spent the last eight years
recanting.
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00:05:56,553 --> 00:05:57,904
Did he have an accomplice?
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00:05:57,938 --> 00:05:59,439
No, I remember this one.
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The victim was alone with him
for ten hours in hell,
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00:06:01,692 --> 00:06:04,043
gagged with her own scarf,
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00:06:04,078 --> 00:06:05,078
bound in rope.
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00:06:05,112 --> 00:06:06,746
The guy never said a word.
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00:06:06,781 --> 00:06:07,864
There was no partner.
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00:06:07,898 --> 00:06:09,916
Okay,
so what did Pena do?
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Switch places
with a doppelganger
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while he was being transferred
after the hearing?
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00:06:14,121 --> 00:06:16,940
Maybe he got somebody
on the outside to mimic his M.O.
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00:06:16,974 --> 00:06:19,876
A copycat. Throw suspicion
on his conviction.
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00:06:19,910 --> 00:06:22,512
Either way, you two
head up to Green Haven,
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00:06:22,546 --> 00:06:23,847
talk to whoever's
in Pena's cell.
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Fin, Rollins,
go to the hospital.
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See if the doctors
will let you interview Gina.
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Gina,
I'm detective Rollins.
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Can you talk, honey?
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A little.
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Okay.
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00:06:39,947 --> 00:06:42,732
Just a few questions.
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00:06:42,766 --> 00:06:45,735
That man that attacked you--
had you seen him before?
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00:06:47,454 --> 00:06:48,721
No.
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00:06:48,756 --> 00:06:51,741
Was he white?
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Hispanic.
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In a white Navy uniform.
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Did he have an accent?
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00:07:04,839 --> 00:07:07,073
He never spoke.
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00:07:07,107 --> 00:07:13,563
Detective, the doctor told you
to come back tomorrow.
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00:07:13,597 --> 00:07:16,249
Courtney, where was this bar
you two were hanging out in?
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00:07:16,283 --> 00:07:18,935
A Dive. I always go there
when the ships are in.
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00:07:18,969 --> 00:07:20,469
Talked Gina
into coming with me.
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00:07:20,487 --> 00:07:23,323
Hey, did any hispanic sailors
talk to the two of you?
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00:07:23,357 --> 00:07:26,475
It's Pan Am Fleet Week.
It was like the UN in there.
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00:07:26,493 --> 00:07:28,912
When's the last time
that you saw Gina?
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00:07:28,946 --> 00:07:32,448
Outside the bar
around midnight.
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00:07:32,482 --> 00:07:33,833
I'd hooked up
with this officer.
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00:07:33,868 --> 00:07:35,752
We were headed to a club.
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00:07:35,786 --> 00:07:37,987
Gina felt like the third wheel,
so she walked home.
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00:07:38,022 --> 00:07:41,174
Mm.
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00:07:41,208 --> 00:07:43,659
She was drunk.
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00:07:43,677 --> 00:07:45,661
Never should've
left her alone.
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00:07:45,679 --> 00:07:49,015
My rope guy from CSU
has got something.
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00:07:49,049 --> 00:07:52,335
- You got a rope guy?
- Yeah.
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00:07:52,353 --> 00:07:55,104
Guess I've been on this job
too long.
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00:07:57,741 --> 00:07:59,309
The rope
your rapist used
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00:07:59,343 --> 00:08:01,895
is a triple-braided
nylon polyester.
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00:08:01,946 --> 00:08:03,963
Sorry, but that doesn't
narrow it down much.
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00:08:03,998 --> 00:08:06,199
I'm more interested
in the knot.
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00:08:06,233 --> 00:08:07,850
Now for a binding victim,
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00:08:07,868 --> 00:08:09,235
we usually find
a simple overhand knot.
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00:08:09,286 --> 00:08:11,821
This guy used a clove hitch
on the wrist
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00:08:11,855 --> 00:08:14,040
and bowline to tie
to the bed.
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00:08:14,074 --> 00:08:15,858
Okay, well,
he wore a Navy uniform.
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00:08:15,876 --> 00:08:17,310
These are sailor's knots,
right?
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00:08:17,344 --> 00:08:18,795
Well, it's definitely
something they teach
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00:08:18,829 --> 00:08:20,046
in Navy training.
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00:08:20,080 --> 00:08:23,333
There's one more thing.
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You see how I wrap
the working end around
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and finish on the inside?
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00:08:29,223 --> 00:08:33,476
Now whoever tied these
finished on the outside.
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00:08:33,510 --> 00:08:38,331
It means he's left-handed.
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00:08:38,365 --> 00:08:40,716
I'm in prison
two hours away,
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00:08:40,734 --> 00:08:43,569
and you think I somehow
raped someone again?
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00:08:43,604 --> 00:08:47,156
You her new partner?
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She's had a hard-on for me
for eight years.
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- Watch it, Omar.
- What, me?
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00:08:50,995 --> 00:08:52,779
She put me away for a crime
that I didn't commit.
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00:08:52,830 --> 00:08:54,097
A crime
that you confessed to.
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I was in there all night,
okay?
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00:08:56,418 --> 00:08:58,418
No food, no water.
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00:08:58,452 --> 00:09:00,269
I wanted to get outght,
of there.
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00:09:00,304 --> 00:09:01,421
The victim ID'd you.
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00:09:01,455 --> 00:09:04,674
You had her credit cards
when we arrested you.
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00:09:04,708 --> 00:09:07,176
I told you that I found them
in a dumpster.
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00:09:07,211 --> 00:09:09,095
Well, you didn't have
an alibi, did you?
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00:09:09,129 --> 00:09:12,048
I partied all night.
I smoked a couple of joints.
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00:09:12,082 --> 00:09:13,349
I already had two priors.
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00:09:13,384 --> 00:09:15,585
- I couldn't tell you that.
- That makes sense.
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00:09:15,619 --> 00:09:17,887
You're sorry you confessed.
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00:09:17,921 --> 00:09:19,255
So what'd you do?
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00:09:19,289 --> 00:09:22,525
Get one of your boys
on the outside
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to copycat your crime,
prove it wasn't you?
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00:09:24,161 --> 00:09:26,362
No, man.
No.
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00:09:26,397 --> 00:09:29,115
Who was it, Omar?
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00:09:29,149 --> 00:09:31,868
One of your prison cellmates?
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00:09:31,902 --> 00:09:34,103
Just give us his name.
We won't even charge you.
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00:09:34,138 --> 00:09:35,788
Charge me?
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00:09:35,823 --> 00:09:37,707
I'm in jail for 300 years.
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00:09:37,741 --> 00:09:40,059
And you earned
every single one of them.
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00:09:40,094 --> 00:09:42,829
Now you put
another woman
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00:09:42,880 --> 00:09:45,281
through this horror
to maintain your lies?
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00:09:45,315 --> 00:09:48,751
I don't know
anything about it.
200
00:09:48,785 --> 00:09:51,337
No? A week after your final
hearing was denied,
201
00:09:51,388 --> 00:09:52,805
the exact same details?
202
00:09:52,840 --> 00:09:54,957
Yeah, and what does that
tell you, huh?
203
00:09:54,975 --> 00:09:56,592
It isn't me this time.
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00:09:56,626 --> 00:09:58,678
It wasn't me then.
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00:09:58,729 --> 00:10:00,430
You got some sick prick
still out there,
206
00:10:00,464 --> 00:10:01,981
and instead of
looking for him,
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00:10:02,016 --> 00:10:04,233
you're wasting
your time on me.
208
00:10:04,268 --> 00:10:06,569
You're not
a waste of time.
209
00:10:06,603 --> 00:10:09,105
You're a waste
of a life.
210
00:10:09,139 --> 00:10:13,326
You confessed because you knew
what you had done.
211
00:10:13,360 --> 00:10:15,895
All right, Liv,
we're done here.
212
00:10:15,929 --> 00:10:19,499
Come on.
213
00:10:19,533 --> 00:10:21,000
Detective Amaro.
214
00:10:21,035 --> 00:10:23,319
About that confession,
215
00:10:23,337 --> 00:10:26,005
I took it back
the first chance I got.
216
00:10:26,040 --> 00:10:27,006
She tell you that?
217
00:10:27,041 --> 00:10:29,342
Yeah? When was that?
218
00:10:29,376 --> 00:10:32,661
Before or after
you got sentenced?
219
00:10:32,679 --> 00:10:34,797
Happens all the time, Omar.
220
00:10:34,831 --> 00:10:37,133
Yeah, she didn't care.
221
00:10:37,167 --> 00:10:40,636
Nobody did!
Right?
222
00:10:40,670 --> 00:10:44,273
Once you confess,
everybody stops listening!
223
00:10:46,110 --> 00:10:49,028
Pena's been buried in law
books ever since he got here.
224
00:10:49,063 --> 00:10:50,480
Sending letters.
225
00:10:50,514 --> 00:10:52,365
Guys in his cell block
call him Matlock.
226
00:10:52,399 --> 00:10:53,783
We'll need a list
of everyone
227
00:10:53,817 --> 00:10:55,785
he was in contact with
on the outside.
228
00:10:55,819 --> 00:10:57,954
Short list.
He doesn't get any visitors.
229
00:10:57,988 --> 00:10:59,355
There's no family?
230
00:10:59,373 --> 00:11:02,325
His mother died a year
after he got sent away.
231
00:11:02,359 --> 00:11:03,659
She's the only one
that came.
232
00:11:03,693 --> 00:11:05,378
That when he started
his letter-writing campaign?
233
00:11:05,412 --> 00:11:07,246
More like
he became obsessed.
234
00:11:07,297 --> 00:11:11,300
20 letters a day,
7 days a week.
235
00:11:11,335 --> 00:11:13,319
Okay.
Thank you.
236
00:11:13,353 --> 00:11:16,222
All right, look, if Pena
has someone on the outside,
237
00:11:16,256 --> 00:11:17,757
he didn't write to them.
238
00:11:17,808 --> 00:11:20,143
All these letters
are to lawyers, ministers,
239
00:11:20,177 --> 00:11:22,512
journalists, congressmen,
the President.
240
00:11:22,546 --> 00:11:24,347
Okay, did anyone
write him back?
241
00:11:24,381 --> 00:11:28,151
Yeah, your pal Ellis
about a month ago.
242
00:11:28,185 --> 00:11:30,052
Told Pena
he'd look into it.
243
00:11:30,070 --> 00:11:31,521
Look, you should see
Ellis' office.
244
00:11:31,555 --> 00:11:33,439
He gets 100 letters
like this a month.
245
00:11:33,490 --> 00:11:34,991
I'll pass.
246
00:11:35,025 --> 00:11:36,909
Hey.
Any luck at the bar?
247
00:11:36,944 --> 00:11:38,828
Bras and thongs
on the ceiling,
248
00:11:38,862 --> 00:11:40,363
no security cameras.
249
00:11:40,397 --> 00:11:42,165
Nobody even remembers
seeing Gina.
250
00:11:42,199 --> 00:11:44,400
Yeah, well, Fleet Week
doesn't produce
251
00:11:44,418 --> 00:11:46,586
- the most reliable witnesses.
- Mm.
252
00:11:46,620 --> 00:11:49,622
As of now, all we've got on
the Saturday night attacker
253
00:11:49,673 --> 00:11:51,757
is he was left-handed,
Latino,
254
00:11:51,792 --> 00:11:53,709
and was wearing a white
sailor's uniform.
255
00:11:53,743 --> 00:11:55,761
- A lefty?
- Yeah, from the knots.
256
00:11:55,796 --> 00:11:58,030
CSU is checking the rope
from eight years ago
257
00:11:58,065 --> 00:11:59,132
to see if there's a match.
258
00:11:59,183 --> 00:12:00,249
I got a list
of inmates released
259
00:12:00,284 --> 00:12:03,202
from Green Haven
since Pena's been there.
260
00:12:03,237 --> 00:12:05,705
Cross-checked with
a Navy database, got one hit.
261
00:12:05,739 --> 00:12:07,423
Mike Martinez.
262
00:12:07,441 --> 00:12:10,009
He's ex-Navy,
dishonorable discharge.
263
00:12:10,043 --> 00:12:11,277
How did he wind up
in Green Haven?
264
00:12:11,311 --> 00:12:13,095
He was charged
with attempted rape,
265
00:12:13,113 --> 00:12:15,781
but he pled down to a five-year
stretch for assault.
266
00:12:15,816 --> 00:12:18,034
He made parole
three months ago.
267
00:12:18,068 --> 00:12:20,219
Get this.
The lawyer that prepped him--
268
00:12:20,254 --> 00:12:23,539
Omar Pena.
269
00:12:25,826 --> 00:12:29,295
Omar Pena
got Martinez out.
270
00:12:30,964 --> 00:12:34,083
- Do you have his parole officer?
- Yeah.
271
00:12:34,117 --> 00:12:36,802
Let's see if Martinez
paid back the favor.
272
00:12:40,374 --> 00:12:42,124
Gladys Martinez.
273
00:12:42,142 --> 00:12:45,344
Open up.
It's the police.
274
00:12:45,395 --> 00:12:46,729
Gladys isn't here.
275
00:12:46,763 --> 00:12:49,965
Uh, we're looking
for her son Mike.
276
00:12:49,983 --> 00:12:51,484
He's not here either.
277
00:12:51,518 --> 00:12:55,104
He's at work.
278
00:12:55,138 --> 00:12:58,524
How old are you, hon?
279
00:13:02,663 --> 00:13:04,530
Martinez, freeze!
280
00:13:04,581 --> 00:13:05,698
I'm not going to chase you.
281
00:13:05,749 --> 00:13:11,320
I will shoot your ass
from right here.
282
00:13:11,355 --> 00:13:15,007
Okay, so Saturday...
you were at work.
283
00:13:15,042 --> 00:13:16,175
Till 5:00,
like I told you.
284
00:13:16,210 --> 00:13:18,010
- Then Saturday night?
- Out with friends.
285
00:13:18,045 --> 00:13:21,514
Who were you with?
No names?
286
00:13:21,548 --> 00:13:22,798
Suit yourself.
What time did you get home?
287
00:13:22,832 --> 00:13:24,967
- No me digas mentiras.
- I was out all night.
288
00:13:25,001 --> 00:13:26,385
Was that when
you hurt your arm?
289
00:13:26,436 --> 00:13:27,470
That happened at work.
290
00:13:27,504 --> 00:13:28,604
Well, your boss
said it didn't,
291
00:13:28,639 --> 00:13:30,223
so why don't we
cut the crap?
292
00:13:30,257 --> 00:13:32,742
Saturday night, midnight,
where were you?
293
00:13:32,776 --> 00:13:35,261
If I tell you
I was getting high...
294
00:13:35,295 --> 00:13:36,629
Ah, Pena even
gave him his alibi.
295
00:13:36,663 --> 00:13:38,898
Then there goes my parole,
right?
296
00:13:38,949 --> 00:13:39,932
Well, you got bigger problems
than that.
297
00:13:39,967 --> 00:13:42,685
You know where
I think you were?
298
00:13:42,703 --> 00:13:46,355
Raping... and torturing
299
00:13:46,373 --> 00:13:48,324
a 23-year-old girl.
300
00:13:48,358 --> 00:13:49,992
No, no!
301
00:13:50,026 --> 00:13:52,695
- I am not a rapist.
- Well, you got convicted once.
302
00:13:52,713 --> 00:13:55,197
No, I did my bid, and I g--
I made parole.
303
00:13:55,215 --> 00:13:56,582
That's right, with the help
of your jailhouse lawyer
304
00:13:56,633 --> 00:13:57,633
Omar Pena.
305
00:13:57,668 --> 00:13:59,868
Matlock, yeah.
He helped me get out.
306
00:13:59,886 --> 00:14:01,320
And then he told you
you owed him.
307
00:14:01,355 --> 00:14:03,973
- No!
- He give you the details?
308
00:14:04,007 --> 00:14:05,007
He tell you how to commit
the crime?
309
00:14:05,041 --> 00:14:06,008
What?
310
00:14:06,042 --> 00:14:07,977
You see, Mike,
we can put you back
311
00:14:08,011 --> 00:14:09,645
in prison right now.
312
00:14:09,680 --> 00:14:12,431
You had coke and weed
in your system.
313
00:14:12,482 --> 00:14:14,717
You had sex with an underage
girl who answered the door.
314
00:14:14,735 --> 00:14:16,569
- I don't want to go back.
- You don't want to go back?
315
00:14:16,603 --> 00:14:18,554
Then why don't we help
each other out?
316
00:14:18,572 --> 00:14:20,072
Did Pena ever talk to you
about the crime
317
00:14:20,107 --> 00:14:21,890
that he committed
eight years ago?
318
00:14:21,908 --> 00:14:22,992
Yeah, he kept saying
he didn't do it.
319
00:14:23,026 --> 00:14:24,026
Wouldn't give it a rest.
320
00:14:24,060 --> 00:14:25,444
And you were in the Navy,
right?
321
00:14:25,479 --> 00:14:27,413
Dishonorably discharged.
322
00:14:27,447 --> 00:14:30,066
- You remember how to tie knots?
- I guess.
323
00:14:30,100 --> 00:14:32,335
- Still have a uniform?
- At my mom's.
324
00:14:32,369 --> 00:14:33,619
Mike,
here's the thing.
325
00:14:33,670 --> 00:14:36,172
We're looking
for a Latino guy
326
00:14:36,206 --> 00:14:38,174
wearing a Navy uniform
327
00:14:38,208 --> 00:14:39,825
who knows how
to tie a bowline,
328
00:14:39,860 --> 00:14:42,411
who knew the details
of Pena's crime,
329
00:14:42,429 --> 00:14:44,647
who also owed Pena
a favor.
330
00:14:44,681 --> 00:14:45,848
Now you see our problem,
331
00:14:45,882 --> 00:14:48,584
don't you, Mike?
All of those things fit you.
332
00:14:48,602 --> 00:14:51,020
- Yeah, but I-I--
- So you have two choices.
333
00:14:51,054 --> 00:14:53,439
You can be straight with us
about what happened
334
00:14:53,473 --> 00:14:55,524
on Saturday night,
about what Pena told you to do,
335
00:14:55,559 --> 00:14:57,360
and we talk to the DA.
336
00:14:57,394 --> 00:14:59,595
Or, you can sit here,
337
00:14:59,613 --> 00:15:01,113
and you can protect
somebody
338
00:15:01,148 --> 00:15:02,431
that doesn't give
a damn about you.
339
00:15:02,449 --> 00:15:03,866
So what's it going to be?
340
00:15:03,900 --> 00:15:05,484
I know why
you think I did this.
341
00:15:05,535 --> 00:15:09,038
And the jury
is gonna think so too.
342
00:15:09,072 --> 00:15:11,774
Do you know how long Pena
was sentenced for?
343
00:15:11,792 --> 00:15:13,942
315 years.
344
00:15:13,960 --> 00:15:17,163
And with your previous rape,
345
00:15:17,214 --> 00:15:19,999
the exact same crime, you're
gonna get the exact time.
346
00:15:20,050 --> 00:15:21,000
Just let me think.
347
00:15:21,051 --> 00:15:23,002
Then we tell the DA
the truth.
348
00:15:23,053 --> 00:15:25,554
That you were scared,
maybe he threatened your family.
349
00:15:25,589 --> 00:15:26,955
Okay, okay, okay.
350
00:15:26,973 --> 00:15:28,724
That's probably
the DA now.
351
00:15:28,759 --> 00:15:31,060
And once they get involved,
it's out of my hands.
352
00:15:31,094 --> 00:15:32,361
You tell him I'm thinking.
353
00:15:32,396 --> 00:15:34,180
You don't have time
to think.
354
00:15:34,231 --> 00:15:36,399
You're at a crossroads
right now.
355
00:15:36,433 --> 00:15:39,602
- You gotta make a decision!
- Okay, okay.
356
00:15:39,636 --> 00:15:41,771
And if you make
the right decision,
357
00:15:41,805 --> 00:15:45,574
I will go to bat
for you.
358
00:15:49,529 --> 00:15:50,946
Liv.
359
00:15:50,980 --> 00:15:53,065
We're getting somewhere.
Mike is thinking straight.
360
00:15:53,100 --> 00:15:54,417
But before he does, there's
something you should know.
361
00:15:54,451 --> 00:15:55,418
Nick, I will be
right there.
362
00:15:55,452 --> 00:15:59,255
You need to take
a minute.
363
00:15:59,289 --> 00:16:03,092
You think hard.
364
00:16:06,263 --> 00:16:07,930
What are you doing,
pulling me out?
365
00:16:07,964 --> 00:16:09,548
- I had him.
- He didn't do it.
366
00:16:09,599 --> 00:16:10,716
He's good for this.
367
00:16:10,767 --> 00:16:14,553
Liv, DNA results are
back from the rape kit.
368
00:16:14,604 --> 00:16:18,006
The lab found skin cells
under Gina's fingernails
369
00:16:18,024 --> 00:16:19,058
but no hits on CODIS.
370
00:16:19,109 --> 00:16:20,342
Mike's DNA
is in the system.
371
00:16:20,360 --> 00:16:21,527
If it was him,
we'd have a match.
372
00:16:21,561 --> 00:16:22,845
He was about to confess.
373
00:16:22,863 --> 00:16:25,865
Doesn't mean he did it.
374
00:16:30,572 --> 00:16:33,065
Mike Martinez goes back
to Green Haven
375
00:16:33,087 --> 00:16:36,172
for the statutory rape
of his 15-year-old girlfriend,
376
00:16:36,207 --> 00:16:38,908
but he is not good for the rape
of Gina Logan.
377
00:16:38,926 --> 00:16:40,677
But he did tell us
how Pena kept talking
378
00:16:40,711 --> 00:16:42,745
about how
he's being framed.
379
00:16:42,763 --> 00:16:44,714
He must have gotten somebody
up there to do it.
380
00:16:44,748 --> 00:16:47,434
If Gina's rapist
is really in the Navy,
381
00:16:47,468 --> 00:16:49,585
then his DNA would be
on file with them.
382
00:16:49,603 --> 00:16:52,255
Great.
So we're back to square one.
383
00:16:52,273 --> 00:16:54,524
- How's the victim doing?
- I spoke to her doctor.
384
00:16:54,558 --> 00:16:56,759
She's stable and lucky.
Her eyesight is coming back.
385
00:16:56,777 --> 00:16:59,762
See if she's up to working
with a sketch artist.
386
00:16:59,780 --> 00:17:01,681
We're dropping Pena
just like that?
387
00:17:01,716 --> 00:17:03,733
Captain,
he's got to be behind this.
388
00:17:03,767 --> 00:17:05,485
Look at the crime scenes.
389
00:17:05,536 --> 00:17:08,154
I mean, the slashings.
390
00:17:08,205 --> 00:17:12,225
There is one
other possibility.
391
00:17:12,259 --> 00:17:15,945
The two rapes
could be the same perp,
392
00:17:15,963 --> 00:17:18,882
and maybe it's not Pena.
393
00:17:18,916 --> 00:17:20,550
Let's not go down
a rabbit hole here, Nick.
394
00:17:20,584 --> 00:17:22,702
Pena is good
for the 2004 rape.
395
00:17:22,737 --> 00:17:24,504
If he did set this one up,
396
00:17:24,555 --> 00:17:25,788
he's not gonna
walk us through it.
397
00:17:25,806 --> 00:17:28,575
We need to find whoever it was
who did attack her
398
00:17:28,609 --> 00:17:29,876
and walk it back.
399
00:17:29,910 --> 00:17:31,594
Detectives.
400
00:17:31,628 --> 00:17:33,563
Bayard.
401
00:17:33,597 --> 00:17:35,298
Have I come at a bad time?
402
00:17:35,316 --> 00:17:37,817
Omar Pena asked me
to look into his conviction.
403
00:17:37,852 --> 00:17:39,436
He believes the real rapist
was never caught
404
00:17:39,470 --> 00:17:40,437
and just struck again.
405
00:17:40,471 --> 00:17:41,654
He doesn't believe that.
406
00:17:41,689 --> 00:17:43,239
He set up
the second rape,
407
00:17:43,274 --> 00:17:44,974
so someone would fall
for his story.
408
00:17:44,992 --> 00:17:49,645
That still
your working theory?
409
00:17:49,663 --> 00:17:51,114
What's yours?
410
00:17:51,148 --> 00:17:52,665
I've heard about
your old partner.
411
00:17:52,700 --> 00:17:54,501
IAB had a deep file
on him.
412
00:17:54,535 --> 00:17:56,652
He wasn't a stranger
to threats, coercion--
413
00:17:56,670 --> 00:17:58,621
This wasn't
his interrogation.
414
00:17:58,655 --> 00:18:00,206
Munch and Fin took
the first shift,
415
00:18:00,257 --> 00:18:02,625
and I took
the last nine hours.
416
00:18:02,659 --> 00:18:04,844
Nine straight hours?
417
00:18:04,879 --> 00:18:07,130
I gave him breaks.
He knew his rights.
418
00:18:07,164 --> 00:18:09,265
Well, even so,
nine hours takes a toll
419
00:18:09,300 --> 00:18:10,833
on the detective
as well as the defendant.
420
00:18:10,851 --> 00:18:13,636
Bayard,
Pena is playing you.
421
00:18:13,670 --> 00:18:16,339
He's written
10,000 letters.
422
00:18:16,357 --> 00:18:20,560
62,000 actually.
423
00:18:20,611 --> 00:18:25,782
That doesn't mean
he's innocent.
424
00:18:25,816 --> 00:18:29,235
You're aware that Bayard Ellis
is now representing Omar Pena?
425
00:18:29,286 --> 00:18:31,204
So I've heard.
426
00:18:31,238 --> 00:18:33,456
Well, don't let him take
advantage of your relationship.
427
00:18:33,491 --> 00:18:35,158
He has an agenda.
428
00:18:35,192 --> 00:18:37,327
He's challenging
police methods,
429
00:18:37,361 --> 00:18:40,380
claiming confessions
are coerced.
430
00:18:40,414 --> 00:18:42,632
Well, this one wasn't.
431
00:18:42,666 --> 00:18:46,369
- How sure are you about that?
- Very.
432
00:18:46,387 --> 00:18:48,671
Omar Pena was a washout
from the Navy
433
00:18:48,705 --> 00:18:50,924
wearing his old uniform
for Fleet Week.
434
00:18:50,975 --> 00:18:53,593
He knew details of the crime
that were never made public
435
00:18:53,644 --> 00:18:56,963
down to the color of the scarf
that the victim was gagged with.
436
00:18:56,997 --> 00:18:58,097
That's what I needed
to hear.
437
00:18:58,132 --> 00:19:00,650
Now that there's
a copycat rapist,
438
00:19:00,684 --> 00:19:02,552
Ellis wants us to retest
the old evidence
439
00:19:02,570 --> 00:19:04,170
for the new rapist's DNA.
440
00:19:04,205 --> 00:19:05,922
I'll be denying
his request.
441
00:19:11,362 --> 00:19:15,248
So we're good?
442
00:19:15,282 --> 00:19:17,016
Yeah.
443
00:19:19,920 --> 00:19:22,138
Thanks for coming in,
detective.
444
00:19:22,173 --> 00:19:24,591
Give my best
to your captain.
445
00:19:36,187 --> 00:19:38,354
Any hits on the sketch?
446
00:19:38,389 --> 00:19:40,473
No, looks like
half the sailors
447
00:19:40,524 --> 00:19:41,774
in town
for Fleet Week.
448
00:19:41,809 --> 00:19:44,227
Yeah, plus most of the
possible witnesses were drunk.
449
00:19:44,261 --> 00:19:45,311
Okay, what about Gina?
450
00:19:45,362 --> 00:19:47,981
She able to give us
any more details?
451
00:19:48,032 --> 00:19:49,866
Not many, but she's sure
it was a Navy uniform.
452
00:19:49,900 --> 00:19:51,217
Just like Pena.
453
00:19:51,252 --> 00:19:53,286
Yeah, but we know
it's not him.
454
00:19:53,320 --> 00:19:54,654
Yeah, I realize that.
455
00:19:54,705 --> 00:19:56,789
He could've slipped that detail
to his copycat.
456
00:19:58,826 --> 00:20:01,828
Nick, if you have something
to say, just say it.
457
00:20:01,879 --> 00:20:03,746
Okay.
458
00:20:03,780 --> 00:20:05,848
Look, I'm noticing
inconsistencies.
459
00:20:05,883 --> 00:20:08,218
Your rope guy
said the knots
460
00:20:08,252 --> 00:20:10,470
from '04 were made
by a lefty.
461
00:20:10,504 --> 00:20:11,804
Yeah, and he's positive.
462
00:20:11,839 --> 00:20:13,623
Well, Pena's letters--
from the handwriting,
463
00:20:13,641 --> 00:20:14,807
looks like he's right-handed.
464
00:20:14,842 --> 00:20:16,342
So you're
a handwriting expert?
465
00:20:16,393 --> 00:20:18,261
Liv, that's easy
to confirm.
466
00:20:18,295 --> 00:20:21,014
Look, we should be focusing
on Gina's rapist.
467
00:20:21,065 --> 00:20:22,015
We are dead-ended
468
00:20:22,066 --> 00:20:24,100
on leads
from Gina's attack.
469
00:20:24,134 --> 00:20:26,419
All right, maybe it's time
for us to go back,
470
00:20:26,453 --> 00:20:29,589
see if maybe we missed anything
eight years ago.
471
00:20:29,623 --> 00:20:30,940
Okay?
472
00:20:30,974 --> 00:20:32,542
Now that case
had witnesses
473
00:20:32,576 --> 00:20:34,744
who put Pena in the bar
with the victim?
474
00:20:34,778 --> 00:20:36,412
Yes, half a dozen
of them.
475
00:20:36,447 --> 00:20:37,764
Okay, well, the ships
are back in town.
476
00:20:37,798 --> 00:20:39,532
Maybe some of the witnesses
are too.
477
00:20:39,583 --> 00:20:41,501
See if you can shake
the old ID.
478
00:20:41,535 --> 00:20:44,787
You two, go back, reinterview
the victim, Ariel Baskins,
479
00:20:44,821 --> 00:20:46,839
and show her
this new sketch.
480
00:20:46,874 --> 00:20:48,207
She picked Pena.
481
00:20:48,242 --> 00:20:50,510
Show her
this new sketch.
482
00:20:50,544 --> 00:20:54,097
There's a possibility that
we're looking at one perp here,
483
00:20:54,131 --> 00:20:57,800
not a copycat.
484
00:20:57,834 --> 00:20:59,218
I've gone over the case.
485
00:20:59,270 --> 00:21:00,637
I get why you're sure
Pena's guilty.
486
00:21:00,671 --> 00:21:03,356
- Don't work me, Nick.
- That confession--
487
00:21:03,390 --> 00:21:05,024
is there any chance
he caved under pressure
488
00:21:05,059 --> 00:21:06,192
and just wanted it
to stop?
489
00:21:06,226 --> 00:21:08,561
Look, we had our guy,
so yes, I pushed hard.
490
00:21:08,612 --> 00:21:10,863
Oh, like you did
with Mike Martinez?
491
00:21:10,898 --> 00:21:12,014
He wasn't good
for Gina's rape,
492
00:21:12,032 --> 00:21:14,701
but he was about to cop
to being set up by Pena.
493
00:21:14,735 --> 00:21:15,902
Hey, I've been right
where you are.
494
00:21:15,953 --> 00:21:17,820
I've gotten so involved
in a case,
495
00:21:17,854 --> 00:21:18,955
I've lost perspective
496
00:21:18,989 --> 00:21:20,490
and taken down a guy
who I knew
497
00:21:20,524 --> 00:21:21,491
was guilty
of something.
498
00:21:21,525 --> 00:21:23,693
I trust my instincts.
499
00:21:23,711 --> 00:21:26,862
If I don't have that,
I shouldn't be here.
500
00:21:34,722 --> 00:21:36,639
Looks like every other guy
on my ship.
501
00:21:36,674 --> 00:21:37,890
Javier,
you're the third witness
502
00:21:37,925 --> 00:21:39,258
to tell us
the same thing.
503
00:21:39,310 --> 00:21:41,844
Well, it's not the man
from eight years ago, Pena.
504
00:21:41,878 --> 00:21:44,731
I testified at the grand jury.
I remember it very well.
505
00:21:44,765 --> 00:21:46,382
So you saw Pena
in the bar?
506
00:21:46,400 --> 00:21:49,385
Uh, my first time
in the country,
507
00:21:49,403 --> 00:21:51,270
my shipmates--they told
me and Marco to go down
508
00:21:51,322 --> 00:21:53,156
to the Bulkhead Tavern.
509
00:21:53,190 --> 00:21:55,558
- All the cute girls were there.
- And he was with the victim?
510
00:21:55,576 --> 00:21:58,511
He had his hands on her.
She didn't like it.
511
00:21:58,545 --> 00:21:59,829
Had you been drinking?
512
00:21:59,863 --> 00:22:02,081
Of course.
What do you think?
513
00:22:02,116 --> 00:22:04,784
You're asking me if this guy
was in the bar eight years ago?
514
00:22:04,835 --> 00:22:06,736
- How would I know that?
- Come on, Marco.
515
00:22:06,770 --> 00:22:09,205
When you ID'd Omar Pena,
how did it go down?
516
00:22:09,239 --> 00:22:11,090
I picked him out
of a lineup.
517
00:22:11,125 --> 00:22:12,592
I knew the guy right away.
518
00:22:12,626 --> 00:22:17,096
Um, I remember because he bummed
a cigarette off of me earlier.
519
00:22:17,131 --> 00:22:19,515
- Something else I remember.
- Mm-hmm.
520
00:22:19,550 --> 00:22:21,834
He was just staring at her,
you know?
521
00:22:21,869 --> 00:22:24,337
And he tapped her
on the shoulder.
522
00:22:24,371 --> 00:22:26,889
She blew him off.
That poor girl.
523
00:22:26,923 --> 00:22:28,858
What he did to her--
horrible.
524
00:22:28,892 --> 00:22:29,925
I'll never forget it.
525
00:22:29,943 --> 00:22:32,612
- Thank you.
- Uh-huh.
526
00:22:32,646 --> 00:22:33,813
It was eight years ago.
527
00:22:33,864 --> 00:22:35,264
I've really tried
to put this behind me.
528
00:22:35,282 --> 00:22:37,450
I don't want to have to remember
anything about that night.
529
00:22:37,484 --> 00:22:40,436
And we wouldn't ask you
if it wasn't important, okay?
530
00:22:40,471 --> 00:22:41,521
We just want to make sure
that the man
531
00:22:41,555 --> 00:22:43,840
who did this to you
stays in prison.
532
00:22:43,874 --> 00:22:46,225
So we're asking for your help,
Ariel.
533
00:22:46,260 --> 00:22:47,943
He's getting out?
534
00:22:47,961 --> 00:22:50,546
He has a lawyer
535
00:22:50,581 --> 00:22:53,449
who's trying
to reopen the case.
536
00:22:53,467 --> 00:22:56,552
And that's why we need
to go over every single detail
537
00:22:56,587 --> 00:22:58,054
to make sure,
okay?
538
00:22:58,088 --> 00:23:01,057
Okay, what do you need
to know?
539
00:23:04,311 --> 00:23:06,612
Do you recognize this man?
540
00:23:12,469 --> 00:23:15,738
Um, I recognize
the uniform.
541
00:23:15,773 --> 00:23:17,190
What about his face?
542
00:23:17,241 --> 00:23:19,308
Do you remember
seeing him
543
00:23:19,326 --> 00:23:21,978
or talking to him in that bar
eight years ago?
544
00:23:22,012 --> 00:23:24,280
No, the man in the bar
was Omar Pena.
545
00:23:24,314 --> 00:23:28,484
He followed me.
He raped me.
546
00:23:28,502 --> 00:23:33,005
Ariel,
did you see his face
547
00:23:33,040 --> 00:23:35,591
while he was
attacking you?
548
00:23:35,626 --> 00:23:37,593
I saw his uniform.
549
00:23:37,628 --> 00:23:38,945
I was trying
to remember details,
550
00:23:38,979 --> 00:23:41,681
and he--he must have
seen me looking,
551
00:23:41,715 --> 00:23:42,882
and so he splashed me
in the face.
552
00:23:42,933 --> 00:23:45,501
Right, so you recognize him
from the bar,
553
00:23:45,519 --> 00:23:46,502
not from the attack?
554
00:23:46,520 --> 00:23:48,638
It was him.
555
00:23:48,672 --> 00:23:50,273
I don't know why
you're asking me all of this.
556
00:23:50,307 --> 00:23:52,959
You told me yourself
he knew all those details.
557
00:23:52,993 --> 00:23:57,480
He knew about the scarf
that he used to gag me with.
558
00:23:57,514 --> 00:23:58,798
I haven't worn red since.
559
00:23:58,832 --> 00:24:03,018
What did you say?
560
00:24:03,036 --> 00:24:06,305
You said, "red"?
561
00:24:06,340 --> 00:24:08,691
Are you sure that
the scarf was red?
562
00:24:08,725 --> 00:24:12,812
Yes, it was a birthday present
from my mother.
563
00:24:12,846 --> 00:24:16,449
Said it was supposed
to bring me luck.
564
00:24:16,483 --> 00:24:19,085
Tell me
he's not getting out.
565
00:24:21,321 --> 00:24:24,123
Hey, Liv,
slow down.
566
00:24:24,158 --> 00:24:25,708
What's going on?
567
00:24:25,726 --> 00:24:29,812
One of the details
that only the rapist would know.
568
00:24:33,350 --> 00:24:35,184
There's the paperwork.
569
00:24:35,218 --> 00:24:36,435
When Omar confessed,
570
00:24:36,487 --> 00:24:40,106
he said that he used
a green scarf to gag Ariel.
571
00:24:40,157 --> 00:24:41,491
You sure?
572
00:24:41,525 --> 00:24:43,058
I've gone over my notes
on this case
573
00:24:43,076 --> 00:24:44,777
every single night
since Gina was raped.
574
00:24:44,828 --> 00:24:46,279
It was the one detail
that convinced us
575
00:24:46,330 --> 00:24:47,497
that Omar was guilty.
576
00:24:47,531 --> 00:24:49,832
And just now Ariel said
the scarf was red.
577
00:24:49,867 --> 00:24:52,034
Did you find it
on the worksheet?
578
00:24:52,068 --> 00:24:53,035
Yeah, here we go.
579
00:24:53,069 --> 00:24:55,171
The officer
who vouchered it
580
00:24:55,205 --> 00:24:58,207
listed it as green.
581
00:25:03,547 --> 00:25:05,565
Does that look green
to you?
582
00:25:12,105 --> 00:25:16,192
And you weren't
at the crime scene?
583
00:25:16,226 --> 00:25:20,112
I was at the hospital
with Ariel.
584
00:25:20,147 --> 00:25:24,033
So you questioned Pena
off an evidence log
585
00:25:24,067 --> 00:25:25,902
that you didn't know
was wrong.
586
00:25:25,936 --> 00:25:30,873
At some point, I must have
mentioned the green scarf.
587
00:25:30,908 --> 00:25:35,611
And then when he was tired
and exhausted
588
00:25:35,629 --> 00:25:38,965
and confused, he must have
repeated it back to me.
589
00:25:38,999 --> 00:25:41,050
Put himself away
for 300 years.
590
00:25:41,084 --> 00:25:43,252
He recanted.
591
00:25:43,286 --> 00:25:49,392
He kept telling me
that he was innocent.
592
00:25:58,546 --> 00:26:00,163
The officer was color blind.
593
00:26:00,312 --> 00:26:01,686
Are you kidding me?
594
00:26:01,798 --> 00:26:03,265
How did he get
on the force?
595
00:26:03,299 --> 00:26:05,268
He was fine when he came out
of the academy,
596
00:26:05,302 --> 00:26:08,804
but by 2004,
he had early stage MS.
597
00:26:08,855 --> 00:26:11,941
- And one of the symptoms--
- Color blindness.
598
00:26:11,975 --> 00:26:14,944
So he logs in
a red scarf as green?
599
00:26:14,978 --> 00:26:18,597
Anything that can go wrong--
600
00:26:18,615 --> 00:26:21,617
I must have mentioned
that detail to him,
601
00:26:21,652 --> 00:26:24,153
and then hours later,
he repeated it back to me.
602
00:26:24,204 --> 00:26:27,156
It could've been a detective
who interrogated Pena earlier.
603
00:26:27,207 --> 00:26:29,875
Doesn't matter.
The confession's no good.
604
00:26:29,910 --> 00:26:33,129
I take full responsibility.
605
00:26:33,163 --> 00:26:34,714
We're not pointing
fingers here.
606
00:26:34,748 --> 00:26:36,549
If Pena's confession
was compromised,
607
00:26:36,583 --> 00:26:39,302
and he's petitioning
for a DNA test, he deserves one.
608
00:26:39,336 --> 00:26:41,442
A couple of days ago,
your detective assured me
609
00:26:41,486 --> 00:26:42,819
that I had
a good confession.
610
00:26:43,080 --> 00:26:44,497
I took her word
on that.
611
00:26:45,008 --> 00:26:46,241
We're all out
on a limb here.
612
00:26:46,361 --> 00:26:47,511
People make mistakes.
613
00:26:47,811 --> 00:26:49,473
Detective Benson
has stepped forward.
614
00:26:49,499 --> 00:26:50,916
I am not arguing character.
615
00:26:52,035 --> 00:26:53,952
This is about perception.
616
00:26:56,019 --> 00:26:58,137
Ellis is gonna turn this
into an indictment
617
00:26:58,155 --> 00:27:02,074
of both of our offices.
618
00:27:02,109 --> 00:27:05,661
Okay, let me talk
to Ellis and tell him
619
00:27:05,696 --> 00:27:08,214
that this was entirely
my mistake.
620
00:27:08,248 --> 00:27:09,815
Don't bare your neck
to a wolf.
621
00:27:09,833 --> 00:27:11,150
Just tell him that
the DA's office
622
00:27:11,168 --> 00:27:14,170
will move to get
the DNA test approved.
623
00:27:25,849 --> 00:27:28,467
We found matching
touch DNA on the ropes
624
00:27:28,502 --> 00:27:30,019
at both crime scenes.
625
00:27:30,053 --> 00:27:31,971
That means it wasn't you,
Omar.
626
00:27:32,005 --> 00:27:34,840
They're reopening the case.
627
00:27:34,858 --> 00:27:38,644
At the very least,
if it has to go to retrial,
628
00:27:38,678 --> 00:27:41,447
there will be
reasonable doubt.
629
00:27:41,481 --> 00:27:43,616
Omar.
630
00:27:43,650 --> 00:27:45,318
What?
631
00:27:45,352 --> 00:27:49,989
A reinvestigation?
A retrial?
632
00:27:50,023 --> 00:27:51,624
You want a gold medal now?
633
00:27:51,658 --> 00:27:53,376
Huh?
You're telling me something
634
00:27:53,410 --> 00:27:56,629
that I told you
eight years ago.
635
00:27:56,663 --> 00:27:57,963
Take it easy, Omar.
636
00:27:57,998 --> 00:27:59,632
I'm innocent.
I don't want a retrial.
637
00:27:59,666 --> 00:28:01,384
I want them
to vacate my conviction.
638
00:28:01,418 --> 00:28:03,486
There is light
at the end of this tunnel.
639
00:28:03,520 --> 00:28:06,342
I'll believe that
when I'm out.
640
00:28:11,011 --> 00:28:15,147
The confession
was all my fault.
641
00:28:15,182 --> 00:28:17,817
I worked him hard.
642
00:28:17,851 --> 00:28:20,770
I told him that we had
all kinds of evidence.
643
00:28:20,821 --> 00:28:24,857
I told him that he was
going away no matter what.
644
00:28:24,891 --> 00:28:26,258
I broke him.
645
00:28:26,293 --> 00:28:28,010
You were doing your job.
646
00:28:28,045 --> 00:28:33,032
I forced a false confession.
647
00:28:33,066 --> 00:28:35,201
Are there others?
648
00:28:35,235 --> 00:28:39,021
I look in the mirror,
I don't like what I see.
649
00:28:39,056 --> 00:28:41,006
Olivia.
650
00:28:41,041 --> 00:28:43,459
I've seen good old boy
detectives pull this.
651
00:28:43,510 --> 00:28:46,162
And I took pride in knowing
that I wasn't one of them.
652
00:28:46,196 --> 00:28:50,583
Because you're not.
653
00:28:50,617 --> 00:28:52,852
You stepped forward.
654
00:29:06,817 --> 00:29:08,901
How did it go
at Green Haven yesterday?
655
00:29:08,935 --> 00:29:10,986
How do you think?
656
00:29:11,037 --> 00:29:13,072
You know, munch and I
had Pena first.
657
00:29:13,106 --> 00:29:15,441
It could've been one of us
who slipped up on that scarf.
658
00:29:15,459 --> 00:29:17,960
Doesn't matter.
659
00:29:17,994 --> 00:29:20,279
So where are we on catching
the real rapist?
660
00:29:20,297 --> 00:29:23,115
Nowhere but somewhere.
661
00:29:23,133 --> 00:29:24,216
It turns out that
there are more
662
00:29:24,251 --> 00:29:25,885
than the two rapes
that happened here.
663
00:29:25,919 --> 00:29:28,220
We got three other DNA hits
664
00:29:28,255 --> 00:29:29,839
from Interpol.
665
00:29:29,890 --> 00:29:31,507
What are we looking at?
666
00:29:31,558 --> 00:29:34,844
Three sexual assaults--
one in Buenos Aires in 2006,
667
00:29:34,895 --> 00:29:36,628
another in Naples, Italy,
'08,
668
00:29:36,646 --> 00:29:38,180
and then Rota, Spain,
2009.
669
00:29:38,231 --> 00:29:40,733
So our serial rapist
starts here
670
00:29:40,767 --> 00:29:43,652
in 2004 with Ariel,
then moves on to other ports.
671
00:29:43,687 --> 00:29:46,989
Until he comes back,
rapes Gina Logan.
672
00:29:47,023 --> 00:29:48,107
- Same M.O.?
- Yep.
673
00:29:48,141 --> 00:29:50,025
Uniform, ammonia,
674
00:29:50,076 --> 00:29:52,344
all committed by a single
unknown suspect.
675
00:29:52,379 --> 00:29:54,079
So these are all
port cities,
676
00:29:54,114 --> 00:29:56,999
so, you know, I checked
the specific dates.
677
00:29:57,033 --> 00:29:59,101
They all match up with
International Fleet Week events.
678
00:29:59,136 --> 00:30:01,620
We know the rapist
isn't US Navy.
679
00:30:01,654 --> 00:30:03,606
They'd have his DNA
on file.
680
00:30:03,640 --> 00:30:06,542
So these naval uniforms--
681
00:30:06,593 --> 00:30:10,412
how different are they
from one country to the next?
682
00:30:10,447 --> 00:30:12,465
My client has been wrongfully
imprisoned for eight years.
683
00:30:12,499 --> 00:30:14,049
How much longer
does he have to wait?
684
00:30:14,100 --> 00:30:16,852
Can't let Pena out until
we complete our investigation.
685
00:30:16,887 --> 00:30:18,771
The DNA results alone
aren't exculpatory.
686
00:30:18,805 --> 00:30:20,389
Paired with
a false confession,
687
00:30:20,440 --> 00:30:22,558
- the hell they aren't.
- Hang on a minute.
688
00:30:22,609 --> 00:30:25,361
There's plenty of other evidence
besides Pena's confession.
689
00:30:25,395 --> 00:30:26,612
Victim picked him
out of a lineup.
690
00:30:26,646 --> 00:30:29,732
Six witnesses ID'd him
in a bar harassing her.
691
00:30:29,783 --> 00:30:31,867
He gets arrested with
the victim's credit cards.
692
00:30:31,902 --> 00:30:34,970
It's, uh, not a slam dunk
for a dismissal.
693
00:30:35,005 --> 00:30:37,189
Circumstantial.
Bad IDs.
694
00:30:37,224 --> 00:30:39,291
There's no malice here.
695
00:30:39,326 --> 00:30:43,078
Not from the DA's office,
not from NYPD.
696
00:30:43,129 --> 00:30:44,713
Detective Benson
is killing herself
697
00:30:44,748 --> 00:30:45,781
trying to make
this thing right.
698
00:30:45,816 --> 00:30:48,200
- You saw her with Pena.
- Yes, I know.
699
00:30:48,218 --> 00:30:51,837
She's taking this
personally.
700
00:30:51,871 --> 00:30:54,706
She's not one of those
good ol' boy detectives.
701
00:30:54,724 --> 00:30:55,707
This is a point
702
00:30:55,725 --> 00:30:58,727
of pride with her.
703
00:31:00,880 --> 00:31:03,449
May I ask when
detective Benson
704
00:31:03,483 --> 00:31:05,000
told you about
our visit to Pena?
705
00:31:05,035 --> 00:31:06,986
Excuse me?
706
00:31:07,020 --> 00:31:10,739
Yesterday afternoon?
707
00:31:10,774 --> 00:31:14,893
I was with her on the train,
so it must have been...
708
00:31:14,911 --> 00:31:19,748
last night.
709
00:31:19,783 --> 00:31:21,166
What are you asking me?
710
00:31:21,201 --> 00:31:23,219
I'm curious.
711
00:31:23,253 --> 00:31:27,072
What exactly is the nature
of your relationship?
712
00:31:31,244 --> 00:31:32,695
I think we're done here.
713
00:31:32,729 --> 00:31:35,431
Does the District Attorney
know?
714
00:31:37,968 --> 00:31:40,603
I've got an innocent man
in prison,
715
00:31:40,637 --> 00:31:43,439
and appearances suggest
that the detective
716
00:31:43,473 --> 00:31:44,440
who coerced
the confession
717
00:31:44,474 --> 00:31:47,443
is involved
with the ADA
718
00:31:47,477 --> 00:31:50,696
whose office
is reinvestigating the case.
719
00:31:50,730 --> 00:31:54,600
You know us both
better than that.
720
00:31:54,618 --> 00:31:59,738
Then I know you'll both
do the right thing here.
721
00:32:06,580 --> 00:32:09,932
I don't get it.
722
00:32:09,966 --> 00:32:11,216
Ellis knows
that our relationship
723
00:32:11,251 --> 00:32:13,252
has nothing to do
with this case.
724
00:32:13,286 --> 00:32:16,488
He does,
but it gives him a grenade.
725
00:32:16,523 --> 00:32:17,923
Okay, so we have
no choice.
726
00:32:17,957 --> 00:32:20,259
- We have to disclose.
- No, it's too late.
727
00:32:20,293 --> 00:32:24,947
This comes out now,
after I vouched for you,
728
00:32:24,981 --> 00:32:26,148
we lose our careers.
729
00:32:26,182 --> 00:32:28,100
Well, I don't understand
why the DA
730
00:32:28,134 --> 00:32:29,268
won't release Pena.
731
00:32:29,302 --> 00:32:34,490
It doesn't work that way,
Olivia.
732
00:32:34,524 --> 00:32:38,143
Overturning a guilty plea
with that much evidence--
733
00:32:38,161 --> 00:32:39,495
it has to go
through a process.
734
00:32:39,529 --> 00:32:41,614
Okay, so how do we
speed it up?
735
00:32:41,648 --> 00:32:43,465
How do we get Omar
out of prison?
736
00:32:43,500 --> 00:32:45,367
If you find
the real rapist,
737
00:32:45,418 --> 00:32:48,637
tie him
to both cases,
738
00:32:48,672 --> 00:32:50,639
that exonerates Pena
completely.
739
00:32:50,674 --> 00:32:52,124
And if we don't?
740
00:32:52,158 --> 00:32:55,961
Ellis has to play
his hand.
741
00:33:08,224 --> 00:33:09,625
Can I drop you somewhere?
742
00:33:09,659 --> 00:33:12,728
I'll get home
on my own.
743
00:33:27,656 --> 00:33:28,856
Bayard?
744
00:33:28,890 --> 00:33:31,859
Can I talk to you?
745
00:33:31,893 --> 00:33:32,943
Sure. Come in.
746
00:33:32,994 --> 00:33:35,696
Thank you.
747
00:33:35,730 --> 00:33:37,548
Uh, what can I do for you?
748
00:33:39,184 --> 00:33:43,387
David Haden and I...
749
00:33:43,421 --> 00:33:45,322
it's not some conspiracy.
750
00:33:45,357 --> 00:33:47,241
No, I didn't think it was.
751
00:33:48,710 --> 00:33:50,878
What you're doing...
752
00:33:50,912 --> 00:33:52,296
I know that it's for Omar,
753
00:33:52,347 --> 00:33:54,098
and I hope
that you know me
754
00:33:54,132 --> 00:33:55,516
well enough to believe
755
00:33:55,550 --> 00:33:57,751
that we want the same thing.
756
00:33:59,921 --> 00:34:01,872
I do.
757
00:34:01,907 --> 00:34:03,774
But how do I tell Omar
758
00:34:03,808 --> 00:34:05,592
I have a way for him
to get out today,
759
00:34:05,610 --> 00:34:07,278
but I can't use it because
760
00:34:07,312 --> 00:34:09,063
two people might
lose their jobs.
761
00:34:09,097 --> 00:34:11,899
I understand that.
I do, but...
762
00:34:11,933 --> 00:34:13,817
I'm not here to plead
for my career
763
00:34:13,868 --> 00:34:15,269
or for David's...
764
00:34:15,287 --> 00:34:17,571
I would expect, if David Haden
had something to say to me,
765
00:34:17,605 --> 00:34:19,740
he'd say it himself.
766
00:34:19,774 --> 00:34:21,625
That's not what I meant.
767
00:34:25,630 --> 00:34:28,582
Is there any part of this
that's...
768
00:34:28,616 --> 00:34:30,200
about him?
769
00:34:30,235 --> 00:34:33,420
And you, and me?
770
00:34:35,257 --> 00:34:38,225
Um, I would hope
you know me well enough
771
00:34:38,260 --> 00:34:40,694
not to have to ask
that question.
772
00:34:40,729 --> 00:34:43,931
Okay.
773
00:34:43,965 --> 00:34:46,750
Point taken.
774
00:34:46,785 --> 00:34:52,206
So... what can I
do for you?
775
00:34:52,240 --> 00:34:55,976
Give me time.
776
00:34:55,994 --> 00:34:57,945
If we arrest
the real rapist,
777
00:34:57,979 --> 00:35:00,664
then Omar gets out.
778
00:35:00,699 --> 00:35:02,149
How long?
779
00:35:02,183 --> 00:35:04,585
A week.
780
00:35:04,619 --> 00:35:07,338
Or I will go
to the DA myself
781
00:35:07,372 --> 00:35:10,140
and tell him everything.
782
00:35:21,569 --> 00:35:23,637
So where are we
with foreign military?
783
00:35:23,671 --> 00:35:25,472
Well, the State Department
was able to get access
784
00:35:25,506 --> 00:35:27,725
to a database
of international ship logs.
785
00:35:27,776 --> 00:35:30,277
Okay, so three foreign vessels
made port stops
786
00:35:30,312 --> 00:35:31,795
that match
all of the attacks.
787
00:35:31,830 --> 00:35:34,031
Yeah, a Canadian destroyer,
Colombian marine cruiser,
788
00:35:34,065 --> 00:35:35,299
and a Brazilian frigate.
789
00:35:35,333 --> 00:35:37,117
Gina and Ariel
both said
790
00:35:37,152 --> 00:35:38,736
that the rapist
never spoke.
791
00:35:38,787 --> 00:35:41,038
It could be because he had
an identifiable accent.
792
00:35:41,072 --> 00:35:42,823
But you were right
about the uniform.
793
00:35:42,857 --> 00:35:45,159
Look at this.
794
00:35:45,193 --> 00:35:48,312
Canadian Navy
and Colombian Marines
795
00:35:48,346 --> 00:35:49,747
wear different colors
and different type shirts,
796
00:35:49,798 --> 00:35:52,633
but check this out.
797
00:35:52,667 --> 00:35:54,218
Brazilian Navy--
that uni
798
00:35:54,252 --> 00:35:55,753
looks very similar
to ours.
799
00:35:55,804 --> 00:35:57,037
Yeah, it's easy
800
00:35:57,072 --> 00:35:59,539
for a witness or a victim
to confuse.
801
00:35:59,557 --> 00:36:02,726
Okay, so the Brazilian ship
that matched--the Maranhao--
802
00:36:02,761 --> 00:36:05,746
it's leaving tomorrow, but right
now it's docked at pier 88.
803
00:36:05,780 --> 00:36:08,048
So we've narrowed it down
to 3,000 suspects.
804
00:36:08,066 --> 00:36:09,883
We already know
a few of them.
805
00:36:09,901 --> 00:36:12,770
I mean, Javier, Marco--
they were witnesses at the bar.
806
00:36:12,804 --> 00:36:15,255
We reinterviewed them the other
day right by their ship.
807
00:36:15,290 --> 00:36:18,325
Javier pointed the finger
at Omar eight years ago.
808
00:36:18,360 --> 00:36:20,394
If he's the rapist,
he had motive to set him up.
809
00:36:20,428 --> 00:36:23,330
All right, before we start
an international incident,
810
00:36:23,365 --> 00:36:26,400
let's get photos out
to the victims.
811
00:36:32,207 --> 00:36:37,094
Oh, my God.
That's him.
812
00:36:37,128 --> 00:36:42,199
What did I do?
What did I do?
813
00:36:54,946 --> 00:36:56,730
That's the man
who raped me.
814
00:36:56,764 --> 00:36:57,998
I'm positive.
815
00:36:58,032 --> 00:36:59,933
Where is he?
Did you find him?
816
00:36:59,951 --> 00:37:04,938
We're working on it,
Gina.
817
00:37:04,956 --> 00:37:09,109
He's been doing this
for eight years?
818
00:37:09,127 --> 00:37:12,379
So if you hadn't
put away the wrong man,
819
00:37:12,414 --> 00:37:14,998
this never would have
happened to me!
820
00:37:19,421 --> 00:37:20,370
I'm sorry, Gina.
821
00:37:25,143 --> 00:37:28,262
- That's two for two.
- Right, thanks.
822
00:37:28,296 --> 00:37:30,797
- Ariel also ID'd Javier.
- We gotta pick him up.
823
00:37:30,815 --> 00:37:33,400
We may be too late.
That was Fin.
824
00:37:33,435 --> 00:37:35,769
Javier's buddy Marco
is still onshore,
825
00:37:35,803 --> 00:37:37,637
but Javier's already
boarded the ship.
826
00:37:37,655 --> 00:37:39,389
Yeah, but they're docked
in our jurisdiction.
827
00:37:39,424 --> 00:37:40,941
What's to stop us
from just going on board
828
00:37:40,975 --> 00:37:42,276
and arresting him?
829
00:37:42,310 --> 00:37:44,361
Only about a dozen
international treaties.
830
00:37:44,412 --> 00:37:45,662
I spoke to Haden.
831
00:37:45,697 --> 00:37:47,364
No way
Brazilian authorities
832
00:37:47,415 --> 00:37:49,733
will turn over a sailor
to US Law Enforcement.
833
00:37:49,768 --> 00:37:51,151
Well, what about State?
834
00:37:51,169 --> 00:37:52,419
Well, it could take
days to go
835
00:37:52,454 --> 00:37:54,321
through the proper
diplomatic channels.
836
00:37:54,339 --> 00:37:56,390
We don't have days.
They sail tomorrow.
837
00:37:56,424 --> 00:37:57,491
Yeah, but Javier
doesn't know that
838
00:37:57,509 --> 00:37:58,759
we're looking
for him yet, right?
839
00:37:58,793 --> 00:38:00,127
I mean, it can't be too hard
to get a sailor
840
00:38:00,161 --> 00:38:03,013
to go on shore leave.
841
00:38:05,800 --> 00:38:07,718
Classy place.
842
00:38:07,769 --> 00:38:09,136
Owner's a retired cop.
843
00:38:09,170 --> 00:38:10,504
Doing us a solid.
844
00:38:10,522 --> 00:38:15,842
Think he misses
the action.
845
00:38:15,860 --> 00:38:18,896
Javier just landed.
846
00:38:24,452 --> 00:38:26,870
Marco.
847
00:38:26,905 --> 00:38:28,455
Didn't think, uh,
my friend could handle
848
00:38:28,490 --> 00:38:30,374
another night
of partying.
849
00:38:30,408 --> 00:38:32,692
Not too many girls.
850
00:38:32,710 --> 00:38:34,745
Ainda e cedo, caro.
851
00:38:34,796 --> 00:38:36,696
So last night--
what is this?
852
00:38:36,714 --> 00:38:39,500
Your going away party.
853
00:38:42,887 --> 00:38:46,706
Well, I guess you're
a lefty, huh, Javier?
854
00:38:52,780 --> 00:38:54,264
Therefore, we believe
855
00:38:54,315 --> 00:38:56,483
the people no longer
meet the burden of proof,
856
00:38:56,518 --> 00:38:58,368
and we move
to vacate the judgment.
857
00:38:58,403 --> 00:39:00,604
Mr. Haden?
858
00:39:00,638 --> 00:39:03,790
The DA's office
has no objection, your honor.
859
00:39:03,825 --> 00:39:07,644
We fully support
this request.
860
00:39:07,679 --> 00:39:09,780
Mr. Pena...
861
00:39:09,814 --> 00:39:12,916
given the new evidence
presented here today
862
00:39:12,951 --> 00:39:15,735
and the grave miscarriage
of justice,
863
00:39:15,753 --> 00:39:18,505
this court sincerely
apologizes
864
00:39:18,540 --> 00:39:20,407
and will not allow you
to be incarcerated
865
00:39:20,425 --> 00:39:22,459
for one minute longer.
866
00:39:22,510 --> 00:39:25,512
Pursuant to the New York Code
of Criminal Procedure,
867
00:39:25,547 --> 00:39:27,914
article 440.10,
I hereby vacate
868
00:39:27,932 --> 00:39:30,384
the judgment against you.
869
00:39:30,418 --> 00:39:32,052
You're a free man, sir.
870
00:39:52,991 --> 00:39:54,925
So I just got
off the phone with the lab,
871
00:39:54,959 --> 00:39:56,827
and they've confirmed
that Javier's DNA
872
00:39:56,878 --> 00:39:58,946
is a match to all
five crime scenes.
873
00:39:58,980 --> 00:40:00,931
At the end of the day,
you got your guy.
874
00:40:02,783 --> 00:40:05,669
Liv, I want to give you
a heads-up.
875
00:40:05,720 --> 00:40:10,007
The DA has decided to start up
a Conviction Integrity Unit
876
00:40:10,058 --> 00:40:11,375
on past cases.
877
00:40:11,409 --> 00:40:13,844
- Okay.
- And...
878
00:40:13,878 --> 00:40:15,712
they're gonna start by taking
a look at sex crimes.
879
00:40:15,747 --> 00:40:18,632
So two days ago,
the DA was content
880
00:40:18,666 --> 00:40:20,584
to let Pena rot
in prison,
881
00:40:20,618 --> 00:40:22,069
and now he wants
to play the hero?
882
00:40:22,103 --> 00:40:24,354
Welcome to my world.
883
00:40:24,405 --> 00:40:25,606
By the way, uh,
David Haden
884
00:40:25,640 --> 00:40:29,393
will be in charge
of the unit.
885
00:40:30,811 --> 00:40:32,496
Good to know.
886
00:40:43,991 --> 00:40:44,958
Night.
887
00:40:44,992 --> 00:40:47,294
You too.
888
00:40:47,328 --> 00:40:48,712
- Nick.
- Yeah.
889
00:40:48,763 --> 00:40:52,766
You're a good partner.
890
00:41:02,360 --> 00:41:06,396
So... Chief Haden.
891
00:41:08,816 --> 00:41:10,050
Congratulations.
892
00:41:10,084 --> 00:41:12,619
Thank you.
893
00:41:12,654 --> 00:41:15,555
It's a big undertaking.
894
00:41:15,590 --> 00:41:16,707
I asked Bayard Ellis
to be
895
00:41:16,741 --> 00:41:18,709
a member of my outside
advisory panel.
896
00:41:18,743 --> 00:41:21,645
I'm not so sure
that he's a joiner.
897
00:41:23,131 --> 00:41:24,881
Guess we'll see.
898
00:41:24,916 --> 00:41:27,985
So...
where does that leave us?
899
00:41:28,019 --> 00:41:30,504
In conflict.
900
00:41:32,407 --> 00:41:35,225
I'm gonna be looking into cases
that you handled.
901
00:41:35,259 --> 00:41:38,061
And we never disclosed.
902
00:41:38,096 --> 00:41:41,431
It's not too late.
903
00:41:41,482 --> 00:41:44,401
But that means
I'd have to resign.
904
00:41:44,435 --> 00:41:48,188
Well, that's ridiculous.
You can't do that.
905
00:41:48,222 --> 00:41:49,489
It's what you live for.
906
00:41:49,524 --> 00:41:51,925
- Says who?
- Says you.
907
00:41:51,959 --> 00:41:55,862
The first time you walked
into our squad room.
908
00:41:55,897 --> 00:41:59,933
I'd be assigned
to your cases.
909
00:42:09,243 --> 00:42:10,594
You know, that--
that means we--
910
00:42:10,628 --> 00:42:14,247
I know.
911
00:42:14,265 --> 00:42:19,686
Us...
912
00:42:19,721 --> 00:42:24,174
this...
913
00:42:24,208 --> 00:42:26,943
never happened.
914
00:42:37,539 --> 00:42:41,625
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