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In the criminal justice system,
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sexually based offenses
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are considered especially heinous.
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In New York City,
the dedicated detectives
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who investigate these vicious felonies
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are members of an elite squad
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known as the Special Victims Unit.
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These are their stories.
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Are they still gonna drop the ball?
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Yes, of course.
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If nobody's gonna be here,
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then why are they putting those up?
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Oh, just to close it off.
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Hey, Noah?
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We're gonna watch it on TV
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just like any other New Year's.
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No, it's not.
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I just want this year to be over.
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Everyone does.
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Morning, handsome.
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Good morning.
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It's rooibos. Herbal.
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- Rooibos?
- Mm-hmm.
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Hmm.
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What?
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Do I have something on my face?
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No, you're just beautiful.
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Black coffee, two sugars
and one regular.
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Give... give me two bear claws
as well, all right?
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Ooh, what are you doing to me?
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You need to eat.
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- You got my file?
- Yeah.
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DD5s for the Berasco case.
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Thank you.
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Gives me something to do tonight.
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You're not with your family?
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No, they went out to the Poconos.
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I got seven arraignments
Monday morning and...
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So you're alone on New Year's?
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That's... that's bad luck.
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Why don't you...
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why don't you come over?
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Nah, I don't want to crash or anything.
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You're not crashing, it's pizza.
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And the girls will bang
on pots and pans.
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We'll all be asleep by 9:30.
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Ah.
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Ah, okay. Okay, sold.
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Good.
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Whew.
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- Too much?
- No, it's...
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it's just right.
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It's... Fin, it's gorgeous.
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What if she says no?
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She's not gonna say no.
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An engagement, then what? A wedding?
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It all seems so corny to me.
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After the year we've had?
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Fin, you found love.
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Hold onto it tight.
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Thanks.
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Hello, Officer.
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Not tonight.
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For once, I am off duty.
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Pizza man's here!
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Uncle Sonny!
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Hey, Jesse. Where's Billie?
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- She's asleep.
We're one down here already.
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What? What a lightweight!
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I'll tell you what, Jesse.
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You and I, we're gonna get
this party popping, okay?
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Oh, my God.
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- I'm sorry, sorry.
- It's okay, it's okay.
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Happy?
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I can stay up till midnight, right?
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I don't know, can you?
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I'm not tired.
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Here we go.
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Well, this is lovely.
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- You like the meal?
- Yeah, I told you, I loved it.
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But are you okay?
You seem a little anxious.
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I'm okay. I'm cool.
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- Yeah?
- Yeah.
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'Cause you know,
my father would always say
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that New Year's is for amateurs,
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so, I mean, we can go home.
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No, no. Before that...
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to us.
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You know, we were
each other's first partner,
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- and that's a bond.
- Mm-hmm.
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Then last year,
we found each other again.
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I don't ever want to lose you.
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Phoebe...
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I got you something.
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Oh, sorry.
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- One sec.
- Seriously?
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It's an AMBER Alert. I have to go.
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I'm sorry.
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- What is it?
- AMBER Alert.
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13-year-old girl taken off the street
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a block from Gracie Mansion.
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SVU requested.
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So 2021 begins.
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So much for ringing in the new year.
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- Yeah.
- I can stay; you got kids.
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No, no, it's okay.
They're home with Carisi.
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He didn't have a place to go.
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Well, the missing girl is Nydia Davis.
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Okay.
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Those are her foster parents,
Ajay and Rani Sharma.
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He's also an ACS supervisor.
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And this is the last place he saw her?
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He said they got
into a fight; she ran away.
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He followed her and saw her get thrown
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into a white box truck on that corner.
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You think he went through with it?
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Fin. Phoebe say yes?
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I got saved by the AMBER Alert.
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- She's home.
- Come on, turn around.
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Go back. We got this.
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I'm in no rush.
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I'm here. What's going on?
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She's a good girl.
Just been acting up lately.
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Hanging out with a bad crowd.
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What happened tonight?
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She wanted to go out. I said no.
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She's 13.
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She ran.
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By the time I caught up, I saw two guys
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wrestling her into a box truck.
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Did you get a good look at them?
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Latino, hoodies, face masks.
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So, no.
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Does this "bad crowd" have names?
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I try to give Nydia her privacy.
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Does she have a cell phone,
use social media?
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I took her phone and her computer.
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We'll need to take a look
at both of those.
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Yeah, of course.
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Are there any other kids in the house
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that might know where Nydia was going?
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Our son and daughter were asleep.
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We have two other foster daughters,
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but I already asked them.
They don't know.
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Is there anyone else in Nydia's life?
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You think someone she knows did this?
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Ajay lets Nydia's biological
mother have visitation.
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She's a junkie.
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Captain.
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What are we looking at?
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Is this an abduction
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or a runaway teen on New Year's Eve?
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We're not sure.
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The girl was fighting
with her foster parents.
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There could be a bad boyfriend
in the picture.
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- Got it.
- Checking partials on plates
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and truck rentals.
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- Nothing on the traffic cams.
- 1PP has its eyes on this.
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The girl's foster father
is high up at ACS.
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This happened near Gracie Mansion.
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Rollins and Kat are talking to
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the girl's birth mother right now.
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Lulu Davis,
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record for possession and prostitution.
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Phoebe?
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- Ten, nine, eight, seven...
- Happy New Year.
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Yeah, literally.
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Six, five...
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What, did you come here to
give me a kiss at midnight?
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Yes, of course.
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- Also...
- Two, one, Happy New Year!
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Happy New Year!
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Also, the AMBER Alert girl.
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Turns out I arrested her mom
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and her mom's pimp, Chili Chacon.
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He runs his girls
out of a white box truck.
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She was reported taken
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by two male Latinos in a box truck.
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I'll run Chili's plates.
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I hate to say it,
but you can make a lot of money
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running a 13-year-old girl
on New Year's Eve.
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Chili? I haven't seen him in weeks.
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And I'd never let him
pimp my daughter out.
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Nydia was last seen
being dragged into a truck
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that matches Chili's.
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That curry-breath ACS idiot
told you that?
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She ran away on him.
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I never lost her.
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You lost custody.
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Drugs, prostitution.
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I needed money.
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My husband ditched us.
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I'm clean now, working my program.
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You don't look it.
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Come on, girl. It's New Year's Eve.
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Yeah, Nydia's out there,
so either you spend the night
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jonesing in a holding cell,
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or you text Chili.
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_
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Forty per shorty.
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00:09:36,304 --> 00:09:37,370
What's the deal, player?
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00:09:37,482 --> 00:09:39,667
Forty per shorty, 15 minutes.
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How about 15 years, Chili?
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- Not you again.
- Where's Nydia?
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00:09:44,063 --> 00:09:45,522
Am I gonna find her back there, Chili?
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Lulu's brat?
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00:09:46,893 --> 00:09:48,755
I don't run kids, baba.
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Witness saw her snatched
into a white box truck.
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00:09:51,132 --> 00:09:52,384
- Get out.
- Not me!
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00:09:52,433 --> 00:09:54,921
Ask my girls... I've been
at this hot spot all night!
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Come on.
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Everybody out.
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00:10:02,265 --> 00:10:05,153
My truck might have rocked,
but it never rolled, baba.
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00:10:05,202 --> 00:10:06,545
Party's over, Chili.
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00:10:07,937 --> 00:10:09,297
Nydia's not here.
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00:10:09,374 --> 00:10:10,694
They say they haven't seen her.
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00:10:10,742 --> 00:10:12,410
They might be telling the truth.
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00:10:12,570 --> 00:10:15,225
A girl matching her description
was found bleeding out,
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00:10:15,281 --> 00:10:16,898
off York Avenue.
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00:10:18,655 --> 00:10:20,288
_
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00:10:20,514 --> 00:10:21,739
No ID.
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00:10:21,787 --> 00:10:24,174
She was unconscious
by an ambulance bay.
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00:10:24,222 --> 00:10:27,201
One of the orderlies realized
she matched the AMBER Alert.
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00:10:27,251 --> 00:10:29,672
- But what happened to her?
- She was hemorrhaging.
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00:10:29,721 --> 00:10:32,347
Her tox screen shows
misoprostol and mifepristone.
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00:10:32,396 --> 00:10:34,969
- The abortion pill.
- We had to do a D&C.
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00:10:35,041 --> 00:10:37,442
She was at least eight weeks along.
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00:10:38,720 --> 00:10:41,508
- They told me I lost the baby.
- We are so sorry.
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00:10:41,627 --> 00:10:43,686
I just wanted to be a mom.
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00:10:43,735 --> 00:10:46,623
But you took the medication
to end the pregnancy.
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00:10:46,672 --> 00:10:49,541
What? No, I would never.
232
00:10:51,467 --> 00:10:53,559
Nydia, how did you get to the hospital?
233
00:10:53,702 --> 00:10:55,300
Didn't Ajay tell you?
234
00:10:56,417 --> 00:10:57,537
Is he here?
235
00:10:57,632 --> 00:10:59,275
He's on his way, he...
236
00:10:59,647 --> 00:11:01,467
Ajay reported you missing.
237
00:11:01,516 --> 00:11:04,518
He was very, very worried about you.
238
00:11:05,170 --> 00:11:06,422
What?
239
00:11:08,692 --> 00:11:10,674
Didn't he bring me here?
240
00:11:12,139 --> 00:11:13,460
Okay, so...
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00:11:13,509 --> 00:11:14,728
Nydia, why don't you tell me
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00:11:14,777 --> 00:11:16,893
the last thing that you remember.
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00:11:20,262 --> 00:11:23,284
I was... bleeding.
244
00:11:23,371 --> 00:11:24,820
Okay.
245
00:11:25,333 --> 00:11:28,055
Ajay said he'd take me to a hospital.
246
00:11:28,151 --> 00:11:31,114
'Cause EMTs, they brought you here.
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00:11:31,783 --> 00:11:35,438
And they found you unconscious
on a sidewalk.
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00:11:35,501 --> 00:11:36,755
No.
249
00:11:36,804 --> 00:11:38,457
No, Ajay carried me to his car.
250
00:11:38,676 --> 00:11:40,534
Nydia, did Ajay know,
251
00:11:40,770 --> 00:11:42,232
that you were pregnant?
252
00:11:42,320 --> 00:11:43,401
Yeah.
253
00:11:43,504 --> 00:11:44,786
He didn't tell you that?
254
00:11:44,956 --> 00:11:46,534
No, he told us that,
255
00:11:46,677 --> 00:11:47,778
you ran away,
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00:11:47,826 --> 00:11:49,542
that he saw you being kidnapped.
257
00:11:49,591 --> 00:11:51,275
Why would he say that?
258
00:11:53,463 --> 00:11:55,276
Do you have a boyfriend?
259
00:11:56,280 --> 00:11:57,867
Hmm, Chili?
260
00:11:58,009 --> 00:11:59,502
What?
261
00:12:00,145 --> 00:12:02,746
No. No, Chili's a pimp.
262
00:12:03,584 --> 00:12:05,808
You think I'm like my mom?
That's disgusting.
263
00:12:05,919 --> 00:12:07,093
Okay.
264
00:12:07,806 --> 00:12:09,413
I'm in love...
265
00:12:11,205 --> 00:12:12,581
With Ajay.
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00:12:15,404 --> 00:12:17,383
Just ask him.
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00:12:24,472 --> 00:12:26,423
Thank God you guys found Nydia,
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00:12:26,472 --> 00:12:28,993
but I don't understand
why Rani and I can't see her.
269
00:12:29,042 --> 00:12:30,323
- She must be so traumatized.
- Soon.
270
00:12:30,372 --> 00:12:31,724
But while we're waiting...
271
00:12:31,972 --> 00:12:33,472
some of what she's telling us
272
00:12:33,521 --> 00:12:35,755
doesn't track with what
you told the police.
273
00:12:37,761 --> 00:12:40,015
Now that she's okay,
I can tell you the truth.
274
00:12:40,063 --> 00:12:41,308
Which is?
275
00:12:41,398 --> 00:12:43,912
She ran away on New Year's Eve.
276
00:12:44,734 --> 00:12:46,334
I thought if I didn't say
she had been kidnapped,
277
00:12:46,382 --> 00:12:47,556
no one would look for her.
278
00:12:47,713 --> 00:12:49,133
That makes sense.
279
00:12:49,225 --> 00:12:51,293
The problem is she said
she passed out at home
280
00:12:51,341 --> 00:12:53,061
and you were gonna drive her
to the hospital.
281
00:12:53,109 --> 00:12:54,296
What? No.
282
00:12:54,344 --> 00:12:55,451
She's confused.
283
00:12:55,499 --> 00:12:59,026
That's what we think,
but this is some shocking news.
284
00:12:59,097 --> 00:13:00,339
She's pregnant.
285
00:13:01,463 --> 00:13:02,898
Oh, my God.
286
00:13:03,346 --> 00:13:04,456
Well, that would explain
287
00:13:04,504 --> 00:13:06,198
- why she's been acting out.
- Hmm.
288
00:13:06,247 --> 00:13:08,401
Do you have any idea
who the father could be?
289
00:13:08,491 --> 00:13:09,711
No, what'd she say?
290
00:13:09,759 --> 00:13:11,949
Well, actually,
for whatever it's worth,
291
00:13:12,228 --> 00:13:13,426
she says it's you.
292
00:13:17,701 --> 00:13:19,628
Okay, we all know what this is.
293
00:13:19,706 --> 00:13:21,590
She has a boyfriend.
She's protecting him.
294
00:13:21,638 --> 00:13:24,118
She's angry with us for being strict.
295
00:13:24,167 --> 00:13:26,294
I-I've seen this a lot in foster care.
296
00:13:26,342 --> 00:13:27,496
I need to talk to her.
297
00:13:27,544 --> 00:13:29,131
That's not gonna happen right now.
298
00:13:30,213 --> 00:13:31,433
Of course, you have an allegation.
299
00:13:31,481 --> 00:13:32,823
You have to do due diligence.
300
00:13:32,872 --> 00:13:34,212
We do. And for starters,
301
00:13:34,261 --> 00:13:37,072
if we want to exclude you,
we need to search your car.
302
00:13:37,120 --> 00:13:38,740
We need a DNA sample from you.
303
00:13:38,788 --> 00:13:41,469
Believe me, I appreciate
that you need to investigate,
304
00:13:41,518 --> 00:13:42,977
but an accusation like this,
305
00:13:43,026 --> 00:13:44,881
my whole career could be ruined.
306
00:13:45,829 --> 00:13:47,506
And I got four other kids at home.
307
00:13:47,555 --> 00:13:48,909
I get it.
308
00:13:48,988 --> 00:13:51,551
I got two teenage daughters of my own.
309
00:13:53,803 --> 00:13:55,510
But you're innocent, right?
310
00:13:57,173 --> 00:13:59,120
So why not just clear this up?
311
00:14:00,076 --> 00:14:02,674
To be safe, let me talk
to my supervisor first.
312
00:14:03,886 --> 00:14:05,044
Okay.
313
00:14:05,131 --> 00:14:07,165
- And maybe a lawyer.- Of course.
314
00:14:08,585 --> 00:14:09,771
He's right.
315
00:14:09,819 --> 00:14:11,673
Troubled teens
can blame their guardians.
316
00:14:11,787 --> 00:14:13,108
- Any priors?
- No.
317
00:14:13,156 --> 00:14:14,609
Twenty years at ACS.
318
00:14:14,657 --> 00:14:17,179
Ajay and his wife
have personally fostered
319
00:14:17,227 --> 00:14:18,413
dozens of girls.
320
00:14:18,461 --> 00:14:20,282
The supervisor called me
back immediately
321
00:14:20,330 --> 00:14:22,222
on New Year's Day to tell me that
322
00:14:22,284 --> 00:14:24,727
Nydia had caused trouble
in former foster homes,
323
00:14:24,776 --> 00:14:26,003
and that he has never,
324
00:14:26,051 --> 00:14:27,856
ever gotten a complaint against Ajay.
325
00:14:27,904 --> 00:14:30,025
Well, somebody got this girl pregnant.
326
00:14:30,073 --> 00:14:31,193
Who else is in the house?
327
00:14:31,241 --> 00:14:33,495
The Sharmas have 10-year-old
twins, a boy and a girl,
328
00:14:33,543 --> 00:14:36,031
and two other pre-teen foster girls.
329
00:14:36,079 --> 00:14:37,699
Can we try for fetal DNA?
330
00:14:37,747 --> 00:14:40,669
We can, but it's a very
complicated process
331
00:14:40,717 --> 00:14:42,237
and it doesn't always work.
332
00:14:42,285 --> 00:14:44,104
Nydia denied taking abortion drugs?
333
00:14:44,190 --> 00:14:46,868
Nydia said that
she wanted to keep the baby.
334
00:14:47,791 --> 00:14:49,644
Look, it is possible that somebody
335
00:14:49,692 --> 00:14:51,847
slipped her these drugs
without her knowledge.
336
00:14:51,895 --> 00:14:53,615
Yeah, easy enough to get online.
337
00:14:53,663 --> 00:14:55,817
I'll start with a warrant
for her computer and his.
338
00:14:55,990 --> 00:14:57,486
Is there anyone in Nydia's life
339
00:14:57,534 --> 00:14:58,687
she might have confided in?
340
00:14:58,735 --> 00:15:00,655
Well, the mother has her own problems,
341
00:15:00,703 --> 00:15:03,118
but we did get Nydia's
cell phone records.
342
00:15:03,273 --> 00:15:04,860
The dad texts her every day.
343
00:15:04,938 --> 00:15:06,223
The father's still in the picture?
344
00:15:06,272 --> 00:15:07,995
- Mm-hmm.
- Where is he?
345
00:15:09,157 --> 00:15:11,126
_
346
00:15:11,347 --> 00:15:13,235
My ex says Nydia's in the hospital.
347
00:15:13,283 --> 00:15:14,603
She's not returning my texts.
348
00:15:14,651 --> 00:15:16,905
- Is she okay?
- She's being taken care of.
349
00:15:16,953 --> 00:15:18,496
Good.
350
00:15:18,822 --> 00:15:20,809
Old Lulu likes to push my buttons.
351
00:15:20,857 --> 00:15:23,678
Mr. Davis, do you know
if Nydia has a boyfriend?
352
00:15:23,809 --> 00:15:25,313
What? No.
353
00:15:25,361 --> 00:15:26,686
She's 13.
354
00:15:26,763 --> 00:15:29,618
Besides, she'd tell me.
We text every day.
355
00:15:29,767 --> 00:15:31,494
Listen, I love my daughter.
356
00:15:31,868 --> 00:15:33,815
It killed me to lose custody, but...
357
00:15:34,170 --> 00:15:35,417
it had to be.
358
00:15:35,638 --> 00:15:37,986
Her foster parents,
how well do you know them?
359
00:15:38,474 --> 00:15:40,100
I only met the father.
360
00:15:40,209 --> 00:15:42,478
He brought Nydia in here a few times.
361
00:15:42,645 --> 00:15:44,107
Showed respect.
362
00:15:44,380 --> 00:15:45,699
She ever talk to you about him?
363
00:15:45,748 --> 00:15:46,902
Any problems?
364
00:15:46,950 --> 00:15:49,738
No, typical teenage girl stuff like...
365
00:15:50,153 --> 00:15:51,940
He wouldn't let her use
the phone at night.
366
00:15:52,092 --> 00:15:53,661
He seemed very protective of her.
367
00:15:53,804 --> 00:15:55,160
Protective how?
368
00:15:55,758 --> 00:15:57,340
Well, he always had his arm around her
369
00:15:57,389 --> 00:15:59,181
like he was shielding her or something.
370
00:15:59,290 --> 00:16:00,480
I guess it can be tough to take
371
00:16:00,529 --> 00:16:02,162
if you're not used to
a place like this.
372
00:16:02,216 --> 00:16:03,630
Yeah.
373
00:16:03,800 --> 00:16:05,707
Did you get much of a chance
to speak with Nydia
374
00:16:05,756 --> 00:16:07,293
away from Ajay?
375
00:16:07,637 --> 00:16:09,957
No, but she seemed happy.
376
00:16:10,506 --> 00:16:13,057
Before the Sharmas,
she was in a group home.
377
00:16:13,176 --> 00:16:16,147
You know, between
Nydia's mother and the drugs,
378
00:16:17,002 --> 00:16:19,033
and, you know, my chair...
379
00:16:19,349 --> 00:16:20,525
It's all my fault.
380
00:16:20,574 --> 00:16:23,238
Never apologize
for wearing the cloth, soldier.
381
00:16:23,492 --> 00:16:24,908
Yeah.
382
00:16:25,288 --> 00:16:27,040
I lost a lot of good friends.
383
00:16:27,724 --> 00:16:30,373
Lost my wife, my leg...
384
00:16:30,960 --> 00:16:32,537
Maybe my mind.
385
00:16:32,729 --> 00:16:35,503
But, the worst part was losing my kid.
386
00:16:37,887 --> 00:16:38,975
Once I get out of here,
387
00:16:39,023 --> 00:16:40,789
I'm gonna make a home for Nydia and me.
388
00:16:40,837 --> 00:16:43,066
- And be a real dad, you know?
- Hey.
389
00:16:43,370 --> 00:16:46,425
From one Airborne Ranger to another...
390
00:16:46,834 --> 00:16:48,129
Call me if you need some company
391
00:16:48,177 --> 00:16:50,179
when you want to go visit
your daughter.
392
00:16:53,279 --> 00:16:55,136
Hey, any luck with the girl's father?
393
00:16:55,184 --> 00:16:57,355
He loves his daughter,
but if there's something going on
394
00:16:57,404 --> 00:16:59,633
between her and Sharma,
he's not seeing it.
395
00:16:59,756 --> 00:17:01,710
Nydia is sticking to her story
396
00:17:01,758 --> 00:17:03,912
and I talked to the girls
in the house, the wife.
397
00:17:04,053 --> 00:17:05,871
They all blame Nydia for acting out,
398
00:17:05,920 --> 00:17:07,115
see Ajay as a saint.
399
00:17:07,164 --> 00:17:09,965
Which could be true,
or he's an experienced groomer.
400
00:17:10,014 --> 00:17:11,620
Well, that's what I think, but...
401
00:17:11,795 --> 00:17:13,801
Still don't have enough to arrest.
402
00:17:14,342 --> 00:17:15,920
Taru went through Ajay's computer.
403
00:17:15,969 --> 00:17:17,035
He tried to delete his history,
404
00:17:17,084 --> 00:17:19,527
but they were able to recover
recent searches for...
405
00:17:19,615 --> 00:17:20,829
New York State abortion clinics,
406
00:17:20,877 --> 00:17:24,631
RU-486, misoprostol, and mifepristone.
407
00:17:25,444 --> 00:17:27,522
So he slipped her the abortion drugs.
408
00:17:27,750 --> 00:17:29,971
Nydia told me he made her smoothies.
409
00:17:30,019 --> 00:17:32,602
Call Carisi.
Get a warrant for that blender.
410
00:17:33,173 --> 00:17:34,360
Pick up Ajay.
411
00:17:34,424 --> 00:17:36,016
Nydia's father...
412
00:17:37,637 --> 00:17:39,313
I have to tell him.
413
00:17:43,061 --> 00:17:45,076
_
414
00:17:51,755 --> 00:17:54,271
Mickey, are you sure
you want to be here?
415
00:17:54,443 --> 00:17:56,364
I want to look
that son of a bitch in the eye.
416
00:17:56,474 --> 00:17:57,532
Let him know I know.
417
00:17:57,580 --> 00:17:59,463
Mr. Sharma...
418
00:17:59,512 --> 00:18:01,369
on the charge of rape in the second,
419
00:18:01,417 --> 00:18:02,924
rape in the third,
420
00:18:02,973 --> 00:18:05,073
first degree reckless endangerment,
421
00:18:05,121 --> 00:18:07,075
and official misconduct,
422
00:18:07,169 --> 00:18:09,511
- how do you plead?
- My client pleads not guilty.
423
00:18:09,620 --> 00:18:11,941
- People on bail?
- This is a heinous crime, Your Honor.
424
00:18:12,041 --> 00:18:13,773
There are other children
in the defendant's home.
425
00:18:13,830 --> 00:18:14,840
Request remand.
426
00:18:14,888 --> 00:18:17,051
Your Honor,
my client is a respected civil servant,
427
00:18:17,099 --> 00:18:18,279
with no priors.
428
00:18:18,328 --> 00:18:20,519
I don't want to hear it.
I'm granting remand.
429
00:18:20,568 --> 00:18:22,223
Bailiffs? COs will arrange
430
00:18:22,271 --> 00:18:24,893
individual protective transport
to Rikers.
431
00:18:25,010 --> 00:18:27,500
I put my faith in the DOC thereafter.
432
00:18:28,993 --> 00:18:31,317
- That's it?
- For now.
433
00:18:31,614 --> 00:18:33,788
Want me to take you back to the VA?
434
00:18:34,617 --> 00:18:35,904
Let me get a smoke first.
435
00:18:43,779 --> 00:18:45,246
Mickey!
436
00:18:45,294 --> 00:18:46,381
There you are.
437
00:18:46,429 --> 00:18:47,863
Right across the street.
438
00:18:49,966 --> 00:18:51,276
Mickey?
439
00:18:52,950 --> 00:18:54,949
Reporter told me
he's coming out this way.
440
00:18:55,304 --> 00:18:56,821
He didn't look at me
at the arraignment.
441
00:18:56,870 --> 00:18:58,173
That's all I want.
442
00:19:08,433 --> 00:19:09,967
Captain?
443
00:19:11,924 --> 00:19:13,141
Ajay!
444
00:19:14,724 --> 00:19:16,640
No, no, no!
445
00:19:17,437 --> 00:19:18,824
The hell did you do?
446
00:19:18,895 --> 00:19:20,020
Mickey Davis, Specialist.
447
00:19:20,069 --> 00:19:22,117
173rd Airborne Rangers, The Herd.
448
00:19:22,165 --> 00:19:24,753
Last four: Zero, six, four, seven.
449
00:19:25,076 --> 00:19:26,696
Oh, my God.
450
00:19:33,030 --> 00:19:34,683
Consulting with the Innocence Project,
451
00:19:34,731 --> 00:19:36,499
defending voting rights on the ground.
452
00:19:36,577 --> 00:19:38,186
I've barely slept
since the election ended.
453
00:19:38,326 --> 00:19:39,755
Liv said once everything cleared up,
454
00:19:39,804 --> 00:19:41,616
you might consider doing defense work.
455
00:19:41,818 --> 00:19:42,958
Your case or hers?
456
00:19:43,007 --> 00:19:44,260
You're both getting sued.
457
00:19:44,308 --> 00:19:45,995
The city settled one of mine.
458
00:19:46,043 --> 00:19:47,530
Liv's still waiting on her day
in the barrel,
459
00:19:47,578 --> 00:19:48,897
but that's not why we're here.
460
00:19:48,946 --> 00:19:50,058
It should be.
461
00:19:50,106 --> 00:19:51,401
- Sorry.
- Anyway...
462
00:19:51,449 --> 00:19:54,188
Hypothetically, if we...
463
00:19:54,452 --> 00:19:56,420
arrested a defendant
464
00:19:56,600 --> 00:19:57,974
who was not innocent...
465
00:19:58,022 --> 00:20:00,810
Decorated vet.
Six tours in Afghanistan.
466
00:20:00,944 --> 00:20:04,064
Comes home to find his daughter
raped by her foster father.
467
00:20:04,113 --> 00:20:05,967
And he shoots the guy
point-blank range three times?
468
00:20:06,016 --> 00:20:07,811
- Hypothetically.
- So you're all caught up.
469
00:20:07,860 --> 00:20:08,953
All right, hold on.
470
00:20:09,002 --> 00:20:10,739
Carisi asked you to intervene
on Davis' behalf?
471
00:20:10,788 --> 00:20:12,965
Well, actually, Carisi
doesn't know that we're here.
472
00:20:14,238 --> 00:20:16,233
We wanted to see if you
would feel him out.
473
00:20:16,941 --> 00:20:19,512
And see if he would cut Mickey a deal.
474
00:20:19,561 --> 00:20:21,092
With Carisi's stomach?
475
00:20:21,245 --> 00:20:23,066
He won't have the stomach
to take this to trial.
476
00:20:23,114 --> 00:20:25,435
As long as Mickey doesn't go to prison.
477
00:20:25,483 --> 00:20:27,971
I feel for him, but he shot a suspect
478
00:20:28,019 --> 00:20:29,781
under arrest going to trial.
479
00:20:29,857 --> 00:20:31,423
The government frowns on that.
480
00:20:31,689 --> 00:20:33,123
And it's against the law.
481
00:20:34,329 --> 00:20:36,321
That's why we called you.
482
00:20:43,152 --> 00:20:44,701
Carisi?
483
00:20:45,069 --> 00:20:46,322
How's the eighth floor treating you?
484
00:20:46,370 --> 00:20:48,825
No differently than
any other junior ADA.
485
00:20:48,873 --> 00:20:50,353
They want you to cover
their ass all the time?
486
00:20:50,401 --> 00:20:51,427
Never lose a case?
487
00:20:51,475 --> 00:20:52,762
Pretty much.
488
00:20:52,810 --> 00:20:53,930
Good to see you, Barba.
489
00:20:53,978 --> 00:20:55,904
If you came to taunt me, I got all day.
490
00:20:55,953 --> 00:20:58,128
Huh, they gave you an office.
491
00:20:59,050 --> 00:21:00,336
Nice view.
492
00:21:00,384 --> 00:21:01,692
I had to move the Xerox machine
493
00:21:01,741 --> 00:21:03,673
and four filing cabinets
just to get the desk in.
494
00:21:03,800 --> 00:21:05,108
So you caught the Mickey Davis case?
495
00:21:05,233 --> 00:21:06,786
Oh, yeah. Horror story.
496
00:21:06,835 --> 00:21:08,044
What are you charging?
497
00:21:08,170 --> 00:21:09,246
The guy brought a gun to court,
498
00:21:09,295 --> 00:21:10,551
he followed the vic to transport,
499
00:21:10,600 --> 00:21:12,272
and shot him at point-blank range.
500
00:21:12,389 --> 00:21:13,461
What do you think?
501
00:21:13,510 --> 00:21:14,717
I think the guy's got a Purple Heart,
502
00:21:14,765 --> 00:21:16,215
titanium leg, and PTS.
503
00:21:16,264 --> 00:21:17,434
That doesn't change what he did.
504
00:21:17,483 --> 00:21:19,075
He was betrayed by the VA and ACS.
505
00:21:19,124 --> 00:21:21,276
Even the eighth floor's gotta
know this is a dog.
506
00:21:21,325 --> 00:21:23,026
Maybe, but they still
want him to do time.
507
00:21:23,074 --> 00:21:24,730
That has to be negotiable.
508
00:21:28,147 --> 00:21:29,465
Hold on.
509
00:21:29,592 --> 00:21:30,967
- Before we continue...
- Mm-hmm.
510
00:21:31,015 --> 00:21:33,316
Are you representing Mickey Davis?
511
00:21:35,052 --> 00:21:36,874
I guess I am now.
512
00:21:39,111 --> 00:21:40,338
Okay.
513
00:21:42,835 --> 00:21:44,814
What kind of deal are you looking for?
514
00:21:44,960 --> 00:21:46,450
No way you want
to put this guy on trial.
515
00:21:46,499 --> 00:21:48,199
Best I can offer is man two.
516
00:21:48,248 --> 00:21:50,202
3 1/2 years? No, but thank you.
517
00:21:50,251 --> 00:21:52,053
Barba, we both know
this wasn't heat of the moment.
518
00:21:52,102 --> 00:21:53,222
Man two is a gift.
519
00:21:53,270 --> 00:21:55,063
Maybe to you, not to Mr. Davis.
520
00:21:55,128 --> 00:21:56,413
There's security cam video.
521
00:21:56,461 --> 00:21:57,832
There's multiple eyewitnesses.
522
00:21:57,881 --> 00:21:58,955
Mickey broke the law.
523
00:21:59,004 --> 00:22:01,014
A jury might see that
as defending his daughter
524
00:22:01,063 --> 00:22:02,149
when no one else did.
525
00:22:02,198 --> 00:22:03,955
Get the jury to ignore the law?
526
00:22:04,882 --> 00:22:06,567
That's a slippery slope, Rafael.
527
00:22:06,690 --> 00:22:08,110
You really have become a lawyer.
528
00:22:08,210 --> 00:22:09,305
What does that mean?
529
00:22:09,353 --> 00:22:11,110
Mickey Davis is a human being.
530
00:22:11,489 --> 00:22:14,100
So are the jurors.
See you at arraignment.
531
00:22:14,178 --> 00:22:15,691
You going for insanity?
532
00:22:17,165 --> 00:22:19,029
I'm going for straight-up not guilty.
533
00:22:22,390 --> 00:22:24,327
_
534
00:22:24,602 --> 00:22:26,695
So you know, Mr. Barba,
I don't need charity.
535
00:22:26,744 --> 00:22:29,525
I get 100% disability
because of my leg and PTS.
536
00:22:29,662 --> 00:22:32,128
Don't worry about his fee.
We'll talk about that later.
537
00:22:32,176 --> 00:22:33,416
Thank you, Sergeant. That's right.
538
00:22:33,464 --> 00:22:34,637
That's not your worry right now.
539
00:22:34,685 --> 00:22:36,532
What I'm worried about is my daughter.
540
00:22:36,685 --> 00:22:37,966
She's telling her mother that I killed
541
00:22:38,014 --> 00:22:39,256
the only man she'll ever love?
542
00:22:39,305 --> 00:22:41,370
My goal was to get out of rehab
and give her a normal life,
543
00:22:41,418 --> 00:22:42,742
but now?
544
00:22:44,054 --> 00:22:45,441
They'll never let me out of prison.
545
00:22:45,489 --> 00:22:46,629
One thing at a time, Mr. Davis.
546
00:22:46,678 --> 00:22:47,894
I want to go over your story.
547
00:22:47,943 --> 00:22:49,502
The day I shot that animal?
548
00:22:49,733 --> 00:22:52,328
First, your life story.
549
00:22:54,826 --> 00:22:56,405
Your time in the Army.
550
00:22:56,556 --> 00:22:57,900
When you became a dad.
551
00:22:57,949 --> 00:22:59,589
Just so you know,
there's nothing you can say that
552
00:22:59,637 --> 00:23:01,222
I haven't heard before.
553
00:23:05,409 --> 00:23:06,890
Mickey held his own at the arraignment.
554
00:23:06,939 --> 00:23:08,626
The judge released him ROR.
555
00:23:08,827 --> 00:23:10,931
Well, it's not like
Davis is a flight risk.
556
00:23:11,201 --> 00:23:12,434
What do you need, Barba?
557
00:23:12,483 --> 00:23:14,122
I'm going for jury nullification.
558
00:23:14,444 --> 00:23:15,606
English, Counselor?
559
00:23:15,655 --> 00:23:16,873
Get the jury to ignore the law,
560
00:23:16,921 --> 00:23:18,394
see the accused as a victim.
561
00:23:20,139 --> 00:23:21,344
Counselor.
562
00:23:21,462 --> 00:23:24,117
I don't know if you've met
Deputy Chief Garland.
563
00:23:24,345 --> 00:23:26,594
Mr. Barba, do you have a second?
564
00:23:32,139 --> 00:23:33,965
Just to be clear,
the NYPD isn't pressuring
565
00:23:34,014 --> 00:23:36,025
a defense attorney
to walk away from his client?
566
00:23:36,073 --> 00:23:37,746
Of course not. Not my prerogative.
567
00:23:37,795 --> 00:23:39,444
At the same time, I'm surprised
568
00:23:39,492 --> 00:23:40,661
to see you in the SVU squad room.
569
00:23:40,710 --> 00:23:42,165
Oh, I'm sure you were just catching up
570
00:23:42,213 --> 00:23:43,694
with old friends, right?
571
00:23:43,847 --> 00:23:45,163
Yes. That's...
572
00:23:45,212 --> 00:23:46,288
- Right.
- Good,
573
00:23:46,336 --> 00:23:48,147
just want to make sure
the boundaries are clear.
574
00:23:48,196 --> 00:23:50,895
It's an emotional case
for all of us and...
575
00:23:51,376 --> 00:23:54,004
I wouldn't want you presuming
on your old friendships
576
00:23:54,053 --> 00:23:57,380
in the hopes of having SVU
detectives buttress your case.
577
00:23:57,466 --> 00:23:59,074
Then we're both on the same page.
578
00:23:59,568 --> 00:24:00,908
I hope so.
579
00:24:02,011 --> 00:24:04,766
One more thing, Mr. Barba.
580
00:24:05,124 --> 00:24:06,856
I hope your strategy
won't be to countenance
581
00:24:06,904 --> 00:24:10,305
a vigilante's murder
of a man accused of rape.
582
00:24:10,674 --> 00:24:12,261
Given our country's dark history,
583
00:24:12,309 --> 00:24:14,244
we both know where that could lead.
584
00:24:16,413 --> 00:24:18,429
I'll leave you two to reminisce.
585
00:24:25,079 --> 00:24:26,566
He's a lot of fun.
586
00:24:26,615 --> 00:24:27,677
Gets right to the point.
587
00:24:27,725 --> 00:24:29,268
Always, and so will I.
588
00:24:30,183 --> 00:24:32,070
What the hell are you doing here?
589
00:24:32,119 --> 00:24:33,516
You asked me to defend Davis.
590
00:24:33,564 --> 00:24:35,278
A hypothetical. And, by the way,
591
00:24:35,327 --> 00:24:37,048
I didn't even know
that you took the case
592
00:24:37,097 --> 00:24:38,187
until Garland called me.
593
00:24:38,235 --> 00:24:40,089
I went to see Carisi, he pointed out
594
00:24:40,137 --> 00:24:41,417
that we couldn't even discuss the case
595
00:24:41,465 --> 00:24:43,059
if I wasn't representing Davis and...
596
00:24:43,288 --> 00:24:45,294
Things moved quickly.
How did Garland find out?
597
00:24:45,342 --> 00:24:46,662
The DA's office must have called him.
598
00:24:46,710 --> 00:24:48,230
I have no intention
of disrespecting Carisi.
599
00:24:48,278 --> 00:24:49,306
But...
600
00:24:49,355 --> 00:24:51,392
Mickey deserves a defense.
Isn't that why you came to me?
601
00:24:51,441 --> 00:24:54,676
I wanted you to cut him a deal!
602
00:24:56,186 --> 00:24:57,918
Listen. As the Chief said,
603
00:24:57,967 --> 00:25:00,409
we cannot send a message
that it is okay
604
00:25:00,457 --> 00:25:02,712
to take the law into your own hands.
605
00:25:02,760 --> 00:25:04,347
Well, that's Carisi's case to make.
606
00:25:04,395 --> 00:25:05,615
Luckily I don't work for the DA.
607
00:25:05,663 --> 00:25:07,773
I don't need to worry about messages.
608
00:25:07,965 --> 00:25:09,252
I just need to get 12 New Yorkers
609
00:25:09,300 --> 00:25:10,920
to like my client and me.
610
00:25:11,037 --> 00:25:12,300
Barba...
611
00:25:13,545 --> 00:25:14,957
he's guilty.
612
00:25:15,436 --> 00:25:16,700
Is he?
613
00:25:17,174 --> 00:25:18,977
Depends on the jury.
614
00:25:24,900 --> 00:25:26,803
I consider myself a nice guy.
615
00:25:28,838 --> 00:25:31,352
But I'm not always gonna
be nice during this trial.
616
00:25:32,414 --> 00:25:34,136
Sometimes I'm gonna be loud,
617
00:25:34,359 --> 00:25:36,814
angry, sarcastic
618
00:25:36,863 --> 00:25:38,398
when I cross-examine witnesses
619
00:25:38,447 --> 00:25:40,969
from the ACS, VA, and NYPD,
620
00:25:41,018 --> 00:25:42,449
who, as you will hear,
621
00:25:42,654 --> 00:25:44,607
failed to do their jobs.
622
00:25:44,969 --> 00:25:46,639
Anyone have a problem with that?
623
00:25:48,103 --> 00:25:49,323
All right.
624
00:25:49,880 --> 00:25:52,737
This is not a popularity contest.
625
00:25:52,845 --> 00:25:54,720
This is not about who wears
the snazziest suit,
626
00:25:54,769 --> 00:25:56,890
who has the most charisma,
627
00:25:56,968 --> 00:25:58,727
or even who talks the fastest.
628
00:25:58,775 --> 00:26:00,228
It's also not about
629
00:26:00,276 --> 00:26:03,037
how many combat medals
the defendant has.
630
00:26:03,880 --> 00:26:06,970
This is about the facts and the law.
631
00:26:07,369 --> 00:26:09,016
I'm not allowed to ask you to imagine
632
00:26:09,065 --> 00:26:10,852
what it would be like
to be Mickey Davis right now
633
00:26:10,900 --> 00:26:12,514
sitting at that table.
634
00:26:12,666 --> 00:26:14,556
I submit to you
that the evidence in this case
635
00:26:14,604 --> 00:26:15,724
is overwhelming.
636
00:26:15,772 --> 00:26:17,192
You will see video of Mr. Davis
637
00:26:17,240 --> 00:26:19,651
shooting and killing Ajay Sharma.
638
00:26:19,708 --> 00:26:20,758
But I need to know that you will
639
00:26:20,806 --> 00:26:22,205
consider your decision in this case
640
00:26:22,253 --> 00:26:24,461
as the most important
decision in your life...
641
00:26:24,658 --> 00:26:28,240
because it certainly will be
the most important decision
642
00:26:28,289 --> 00:26:30,933
in the life of this decorated war hero.
643
00:26:31,289 --> 00:26:32,676
You will hear testimony
644
00:26:32,770 --> 00:26:34,624
that Mr. Davis is a wounded vet
645
00:26:34,673 --> 00:26:37,300
whose daughter was victimized
by a serial predator.
646
00:26:37,660 --> 00:26:39,922
You expect Mr. Davis to not react
647
00:26:39,971 --> 00:26:41,131
when his own daughter is assaulted
648
00:26:41,180 --> 00:26:42,993
like the victims he saw in combat?
649
00:26:43,755 --> 00:26:45,342
Are any of you veterans?
650
00:26:45,391 --> 00:26:47,545
Or proud to have
family members who have served?
651
00:26:47,594 --> 00:26:50,182
I need to ask if anyone
or a family member
652
00:26:50,231 --> 00:26:52,633
has been the victim of gun violence?
653
00:26:56,242 --> 00:26:58,496
I challenge jurors 32 and 36.
654
00:26:58,591 --> 00:27:00,900
No objection. I challenge number 17.
655
00:27:00,949 --> 00:27:03,648
The evidence will show
that Ajay Sharma was
656
00:27:03,696 --> 00:27:06,461
awaiting trial when Mrs.
Davis acted as judge,
657
00:27:06,509 --> 00:27:08,886
jury, and executioner.
658
00:27:08,956 --> 00:27:12,655
Do you believe, that everybody
has a Constitutional right
659
00:27:12,743 --> 00:27:14,141
to have their guilt or innocence
660
00:27:14,190 --> 00:27:17,308
determined by a jury
and not a vigilante?
661
00:27:17,865 --> 00:27:22,656
I challenge number 18, 24, and 29.
662
00:27:22,713 --> 00:27:25,248
That leaves you two
peremptory challenges, Mr. Barba.
663
00:27:25,575 --> 00:27:27,262
And I challenge number 16.
664
00:27:27,311 --> 00:27:28,764
And you're out, Mr. Carisi.
665
00:27:28,813 --> 00:27:31,166
You promise me, keep an open mind...
666
00:27:31,215 --> 00:27:33,236
and hold the government
to make its case?
667
00:27:33,399 --> 00:27:36,955
Mr. Barba is going to play
on your emotions.
668
00:27:37,101 --> 00:27:39,906
But I ask that you promise me
and the State of New York
669
00:27:39,976 --> 00:27:42,360
that you will decide this case
670
00:27:42,508 --> 00:27:44,500
on the facts and the law
671
00:27:44,589 --> 00:27:46,978
as instructed by the judge.
672
00:27:47,184 --> 00:27:48,356
Mr. Carisi told you that
673
00:27:48,404 --> 00:27:50,251
he represents the people of New York.
674
00:27:50,668 --> 00:27:51,793
Well...
675
00:27:51,866 --> 00:27:53,543
you are the people of New York.
676
00:27:53,973 --> 00:27:55,309
And neither Mr. Caris,
677
00:27:55,357 --> 00:27:57,082
nor the Judge here gets to decide
678
00:27:57,130 --> 00:27:59,310
how this trial will
turn out for my client.
679
00:28:00,136 --> 00:28:01,541
You do.
680
00:28:09,139 --> 00:28:10,792
How'd it go at voir dire?
681
00:28:11,035 --> 00:28:12,533
It was the Rafael Barba show,
682
00:28:12,582 --> 00:28:15,004
charming and cherry-picking
jurors for 12 straight hours.
683
00:28:15,053 --> 00:28:16,573
Yeah, he was always a dog with a bone.
684
00:28:16,622 --> 00:28:17,880
Yeah.
685
00:28:18,025 --> 00:28:20,072
I'm looking at his witness list,
686
00:28:20,121 --> 00:28:22,254
and he tracked down
Ajay's other foster kids,
687
00:28:22,303 --> 00:28:25,013
ACS employees, VA shrinks.
688
00:28:25,507 --> 00:28:27,394
How big of a staff does he have?
689
00:28:27,676 --> 00:28:29,330
I probably shouldn't tell you this...
690
00:28:29,379 --> 00:28:31,100
About you and Fin helping him out?
691
00:28:31,840 --> 00:28:33,739
- I don't want to know.
- I am not helping him out.
692
00:28:33,788 --> 00:28:35,242
It's fine. Barba was here before me.
693
00:28:35,291 --> 00:28:36,892
- Fin was your first partner.
- That doesn't mean
694
00:28:36,940 --> 00:28:39,157
I'm more loyal to them
than I am to you.
695
00:28:41,731 --> 00:28:43,457
You should know that it
696
00:28:43,505 --> 00:28:46,106
wasn't Liv's intention to undercut you.
697
00:28:46,154 --> 00:28:47,568
Oh, no?
698
00:28:48,160 --> 00:28:51,306
Are you gonna tell me
that Fin brought Barba in?
699
00:28:55,028 --> 00:28:57,348
_
700
00:28:57,544 --> 00:28:59,028
Ajay!
701
00:28:59,076 --> 00:29:01,087
No, no!
702
00:29:01,182 --> 00:29:02,735
No, no, no.
703
00:29:02,784 --> 00:29:04,516
Sergeant Tutuola,
704
00:29:04,718 --> 00:29:07,535
you were there when Mr. Davis
shot Ajay Sharma?
705
00:29:07,658 --> 00:29:09,646
Yes, I was on the phone.
706
00:29:09,695 --> 00:29:11,649
I heard a commotion, I turned.
707
00:29:11,829 --> 00:29:13,916
I saw Mr. Davis, gun aimed,
708
00:29:13,965 --> 00:29:15,337
and he fired three rounds.
709
00:29:15,386 --> 00:29:17,506
And what did Mr. Davis do
after he shot Ajay?
710
00:29:17,555 --> 00:29:19,988
He dropped his gun
and recited his name and rank.
711
00:29:20,037 --> 00:29:22,914
Did you think that
that was for dramatic effect,
712
00:29:22,963 --> 00:29:25,876
or did he actually believe that
he was a soldier in battle?
713
00:29:25,925 --> 00:29:27,646
Objection. Calls for speculation.
714
00:29:27,695 --> 00:29:28,993
Rephrase.
715
00:29:29,117 --> 00:29:30,871
Did he appear confused?
716
00:29:31,005 --> 00:29:32,949
- No.
- Thank you, Sergeant.
717
00:29:42,255 --> 00:29:43,673
No, no!
718
00:29:44,012 --> 00:29:45,377
On the video, you get between Mr. Davis
719
00:29:45,425 --> 00:29:46,708
and the corrections officers.
720
00:29:46,757 --> 00:29:49,283
I just didn't want
a bad situation to get worse.
721
00:29:49,332 --> 00:29:50,949
I knew he was no threat
to the officers.
722
00:29:50,998 --> 00:29:52,084
They didn't know that.
723
00:29:52,132 --> 00:29:53,613
You knew he was no danger.
724
00:29:54,501 --> 00:29:55,941
Do you think Mickey
Davis should be sitting
725
00:29:55,989 --> 00:29:57,039
in this courtroom here today?
726
00:29:57,210 --> 00:29:59,218
- That's not my job.
- No?
727
00:29:59,308 --> 00:30:00,473
But it was your job,
728
00:30:00,521 --> 00:30:02,246
- to investigate Ajay Sharma?
- Yes.
729
00:30:02,294 --> 00:30:03,934
Do you have any doubt that Ajay Sharma
730
00:30:03,982 --> 00:30:06,194
raped Nydia Davis repeatedly,
731
00:30:06,243 --> 00:30:09,309
got her pregnant, and administered
the abortion drugs
732
00:30:09,357 --> 00:30:11,160
- which almost got her killed?
- None.
733
00:30:11,208 --> 00:30:12,849
Well, what about the other
four girls he fostered
734
00:30:12,897 --> 00:30:14,212
who he also sexually assaulted?
735
00:30:14,261 --> 00:30:15,380
Did you charge him for that?
736
00:30:15,429 --> 00:30:16,934
We only found out about the other girls
737
00:30:16,983 --> 00:30:18,670
after Mr. Sharma's death.
738
00:30:18,719 --> 00:30:20,406
So for 10 years as an ACS supervisor,
739
00:30:20,455 --> 00:30:22,576
Ajay Sharma raped girls in his care
740
00:30:22,625 --> 00:30:25,497
and neither ACS nor SVU
found out about it
741
00:30:25,546 --> 00:30:28,101
until Nydia Davis was found
hemorrhaging in the street?
742
00:30:28,150 --> 00:30:29,950
- Why?
- I can't answer that.
743
00:30:29,999 --> 00:30:31,852
Was it because ACS failed to do its job
744
00:30:31,901 --> 00:30:34,223
to protect Nydia, just like SVU failed?
745
00:30:34,272 --> 00:30:35,606
- Objection.
- Sustained.
746
00:30:35,655 --> 00:30:36,755
Leaving my client no choice
747
00:30:36,804 --> 00:30:38,177
but to protect his daughter himself!
748
00:30:38,226 --> 00:30:39,864
Mr. Barba! I'm about this close
749
00:30:39,913 --> 00:30:41,020
to holding you in contempt.
750
00:30:41,068 --> 00:30:42,223
You can fine me all you want,
Your Honor,
751
00:30:42,271 --> 00:30:43,512
I'm not gonna stop asking questions,
752
00:30:43,561 --> 00:30:45,169
because I am fighting
for my client's freedom
753
00:30:45,218 --> 00:30:47,128
the same way he fought
for our country's.
754
00:30:51,308 --> 00:30:53,302
The defense calls Mickey Davis.
755
00:30:53,480 --> 00:30:54,643
No, sir.
756
00:31:15,115 --> 00:31:16,682
Mr. Davis, can you tell the jury
757
00:31:16,731 --> 00:31:18,482
how you came to be in that chair?
758
00:31:18,652 --> 00:31:20,640
My unit was ambushed
in the Khyber Pass.
759
00:31:20,688 --> 00:31:22,275
I went back to retrieve two of my men,
760
00:31:22,323 --> 00:31:23,756
stepped on an IED.
761
00:31:23,857 --> 00:31:26,195
It was a coffee can full
of rags and a grenade.
762
00:31:26,315 --> 00:31:27,903
Spent two years in Landstuhl,
763
00:31:27,951 --> 00:31:30,785
a military hospital,
and then the VA here.
764
00:31:31,552 --> 00:31:33,121
They fit me with one of these.
765
00:31:34,604 --> 00:31:37,089
Still learning how to use it.
It's been tough.
766
00:31:37,337 --> 00:31:39,158
Focusing on getting custody
of my daughter back
767
00:31:39,207 --> 00:31:40,270
helped me get through.
768
00:31:40,319 --> 00:31:41,695
And now?
769
00:31:45,130 --> 00:31:46,374
I'll never get over what happened
770
00:31:46,423 --> 00:31:48,045
to Nydia in that house...
771
00:31:49,835 --> 00:31:51,388
With that animal.
772
00:31:51,618 --> 00:31:53,067
ACS lied.
773
00:31:53,134 --> 00:31:55,504
They made me believe that she was safe.
774
00:31:55,764 --> 00:31:57,667
How did you react when you
found out that Ajay Sharma
775
00:31:57,716 --> 00:31:59,703
had been raping Nydia, impregnated her,
776
00:31:59,752 --> 00:32:01,835
and left her on the sidewalk to die?
777
00:32:02,447 --> 00:32:03,981
I cried like a baby.
778
00:32:04,526 --> 00:32:06,087
Why did you go to that courthouse?
779
00:32:06,167 --> 00:32:07,539
To see him arraigned.
780
00:32:07,720 --> 00:32:10,097
I wanted to hear him admit
what he'd done.
781
00:32:10,288 --> 00:32:12,661
Then I heard him plead not guilty?
782
00:32:13,323 --> 00:32:14,716
There's no remorse.
783
00:32:16,079 --> 00:32:17,332
No shame.
784
00:32:17,381 --> 00:32:18,481
What did you do?
785
00:32:18,530 --> 00:32:20,318
I found out where
he was being transported.
786
00:32:20,459 --> 00:32:22,579
I wanted him to look me in the eye,
787
00:32:22,689 --> 00:32:24,043
so I called his name.
788
00:32:24,092 --> 00:32:25,300
Then what happened?
789
00:32:25,380 --> 00:32:26,880
He refused to look at me.
790
00:32:27,151 --> 00:32:28,504
I lost control, I...
791
00:32:28,553 --> 00:32:30,402
My head was pounding
and there's blood in my eyes.
792
00:32:30,451 --> 00:32:31,583
My ears were ringing.
793
00:32:31,632 --> 00:32:33,629
I knew I had to protect Nydia.
794
00:32:33,720 --> 00:32:35,067
After that, I...
795
00:32:35,536 --> 00:32:36,990
I don't remember much.
796
00:32:37,233 --> 00:32:39,338
So you reacted as you were
trained to do as a Ranger.
797
00:32:39,387 --> 00:32:41,742
Shoot the enemy,
center mass, close grouping...
798
00:32:41,791 --> 00:32:43,467
Objection, leading.
799
00:32:43,682 --> 00:32:45,044
Rephrase.
800
00:32:47,048 --> 00:32:48,575
Mr. Davis...
801
00:32:49,043 --> 00:32:50,696
why were you deployed to Afghanistan?
802
00:32:50,745 --> 00:32:52,234
To fight the Taliban.
803
00:32:52,443 --> 00:32:55,298
To defend women, children,
from their brutality.
804
00:32:55,674 --> 00:32:56,786
Rape?
805
00:32:56,864 --> 00:32:58,244
Yes, sir.
806
00:32:58,408 --> 00:33:00,062
Shoot to kill if I had to.
807
00:33:00,263 --> 00:33:02,395
Thank you. Nothing further.
808
00:33:06,319 --> 00:33:08,173
Thank you for your service, Mr. Davis,
809
00:33:08,222 --> 00:33:10,933
and I'm truly sorry for
what happened to your daughter.
810
00:33:13,653 --> 00:33:15,138
You said you went to the courthouse
811
00:33:15,187 --> 00:33:17,309
- to see Ajay Sharma arraigned?
- Yes, sir.
812
00:33:17,358 --> 00:33:18,544
And you brought a gun with you.
813
00:33:18,593 --> 00:33:19,723
Did you know that was illegal?
814
00:33:19,772 --> 00:33:21,716
I'm used to carrying.
It's just a reflex.
815
00:33:21,765 --> 00:33:23,245
But they don't let you
keep the gun at the VA,
816
00:33:23,294 --> 00:33:25,395
so you had to go to
a brother soldier's house
817
00:33:25,444 --> 00:33:26,897
earlier that day to get it?
818
00:33:26,957 --> 00:33:28,117
- Yes, sir.
- And you took advantage
819
00:33:28,166 --> 00:33:29,388
of being a vet in a wheelchair
820
00:33:29,437 --> 00:33:32,191
to avoid the metal detector,
get that gun through security.
821
00:33:32,286 --> 00:33:33,660
Well, law enforcement's
822
00:33:33,709 --> 00:33:35,021
usually respectful of my service.
823
00:33:35,092 --> 00:33:38,466
In court, you heard the judge
grant Ajay private transport?
824
00:33:38,515 --> 00:33:39,809
- Yes, sir.
- And you found out that
825
00:33:39,858 --> 00:33:42,562
that transport was going
to occur in the sally port.
826
00:33:42,661 --> 00:33:44,593
How long did it take you
to get over there?
827
00:33:44,694 --> 00:33:46,708
- Well, I'm not confined to this chair.
- No, I know.
828
00:33:46,756 --> 00:33:48,223
You had to find a service elevator
829
00:33:48,271 --> 00:33:49,934
to avoid the courthouse steps,
830
00:33:49,983 --> 00:33:53,208
cross from Chambers to Baxter,
at lunch hour...
831
00:33:53,256 --> 00:33:55,596
- 20 minutes sound about right?
- I guess.
832
00:33:55,770 --> 00:33:57,277
And how long did you wait outside
833
00:33:57,326 --> 00:33:59,132
before Ajay was walked out?
834
00:33:59,979 --> 00:34:01,366
There's security footage.
835
00:34:01,492 --> 00:34:03,956
You waited 40 minutes
in 30-degree weather.
836
00:34:04,005 --> 00:34:05,245
Objection, is there a question here?
837
00:34:05,293 --> 00:34:06,833
Let's move along, Mr. Carisi.
838
00:34:06,905 --> 00:34:10,227
Mr. Davis, you smuggled
the gun into the courthouse,
839
00:34:10,276 --> 00:34:12,120
tracked Sharma's location,
840
00:34:12,169 --> 00:34:13,956
waited for him, called out his name,
841
00:34:14,005 --> 00:34:17,947
and then shot him at
point-blank range three times.
842
00:34:18,424 --> 00:34:21,304
And you expect this jury to believe
843
00:34:21,405 --> 00:34:23,025
that you didn't want to kill him?
844
00:34:23,074 --> 00:34:24,544
That none of that was intentional?
845
00:34:24,593 --> 00:34:26,046
I didn't intend to shoot him.
846
00:34:26,095 --> 00:34:27,682
Oh, so the gun just went off?
847
00:34:27,739 --> 00:34:29,226
You're a trained military professional.
848
00:34:29,275 --> 00:34:31,596
You must know that in order
for a weapon to fire,
849
00:34:31,645 --> 00:34:32,809
you gotta pull the trigger?
850
00:34:32,858 --> 00:34:35,025
- Objection.
- I'll allow.
851
00:34:35,131 --> 00:34:36,335
I didn't know where I was.
852
00:34:36,384 --> 00:34:38,471
Oh, well, where did you think you were?
853
00:34:41,975 --> 00:34:43,092
Afghanistan.
854
00:34:43,170 --> 00:34:45,662
- Well, do you know where you are now?
- Yes, sir.
855
00:34:45,711 --> 00:34:47,193
Do you know that murder
is against the law?
856
00:34:47,242 --> 00:34:48,318
So is what he did.
857
00:34:48,367 --> 00:34:49,930
Do you know that even
if you're a soldier at war,
858
00:34:49,979 --> 00:34:51,943
it's a violation of
the military code of conduct
859
00:34:51,992 --> 00:34:54,276
to shoot an unarmed,
handcuffed civilian?
860
00:34:54,325 --> 00:34:56,994
That son of a bitch raped my daughter!
861
00:34:58,782 --> 00:35:00,135
Raped her.
862
00:35:01,808 --> 00:35:03,358
I'm her father.
863
00:35:04,145 --> 00:35:05,832
I'm supposed to protect her.
864
00:35:05,881 --> 00:35:06,968
Your Honor, we need a recess.
865
00:35:07,017 --> 00:35:08,170
Mr. Davis, be honest with me.
866
00:35:08,219 --> 00:35:09,536
You knew where you were,
867
00:35:09,585 --> 00:35:11,272
you knew exactly what you were doing,
868
00:35:11,321 --> 00:35:12,675
and you would do it again,
wouldn't you?
869
00:35:12,829 --> 00:35:14,014
You're damn straight!
870
00:35:14,062 --> 00:35:15,585
Every day of the week.
871
00:35:28,796 --> 00:35:30,315
Well, that didn't
exactly go as planned.
872
00:35:30,385 --> 00:35:31,873
You had to see it coming.
873
00:35:32,062 --> 00:35:34,779
Off the record, he expressed
similar sentiments in prep.
874
00:35:34,858 --> 00:35:36,318
I advised him that it would
875
00:35:36,366 --> 00:35:37,621
not be in his best interests
876
00:35:37,670 --> 00:35:39,291
to convey that to a jury.
877
00:35:39,829 --> 00:35:41,479
When I was an ADA,
this would be the moment
878
00:35:41,528 --> 00:35:43,215
I would offer the defense a deal.
879
00:35:43,264 --> 00:35:44,645
Man two is still on the table.
880
00:35:44,694 --> 00:35:45,713
I can recommend the minimum.
881
00:35:45,761 --> 00:35:47,582
That's exactly the offer
I told Mickey you'd make.
882
00:35:47,630 --> 00:35:48,890
What did he say?
883
00:35:48,939 --> 00:35:50,951
Basically, no thank you,
but more anatomically.
884
00:35:51,000 --> 00:35:53,221
Man two specifically states
that the accused...
885
00:35:53,270 --> 00:35:55,416
Lacked the intention to cause harm.
886
00:35:55,705 --> 00:35:57,089
If I go any lower, then I'm saying
887
00:35:57,138 --> 00:35:59,051
it's okay for civilians to take the law
888
00:35:59,100 --> 00:36:00,640
into their own hands.
889
00:36:00,843 --> 00:36:02,297
Rafael, when you were an ADA...
890
00:36:02,345 --> 00:36:04,175
I would have held the line at man two.
891
00:36:04,308 --> 00:36:06,049
But here we are.
892
00:36:06,521 --> 00:36:08,638
When I was an ADA,
the NYPD and the DA's office
893
00:36:08,687 --> 00:36:10,293
commanded a modicum of respect.
894
00:36:10,451 --> 00:36:12,887
So it's a bull market in vigilantism?
895
00:36:13,345 --> 00:36:15,605
We already have armed militias
coming into our cities.
896
00:36:15,654 --> 00:36:17,404
How much more lawlessness can we take?
897
00:36:17,476 --> 00:36:19,068
In terms of the big picture, I agree.
898
00:36:19,148 --> 00:36:21,122
In terms of Davis...
899
00:36:21,264 --> 00:36:22,983
I don't think a jury's gonna
put him in a cell.
900
00:36:23,032 --> 00:36:24,181
And that's all that matters?
901
00:36:24,230 --> 00:36:25,537
To my client?
902
00:36:25,695 --> 00:36:27,004
Yeah.
903
00:36:27,503 --> 00:36:28,709
See you tomorrow.
904
00:36:28,912 --> 00:36:30,397
You know how you used to come to
905
00:36:30,445 --> 00:36:31,867
all of my closing arguments?
906
00:36:32,537 --> 00:36:33,623
Yeah.
907
00:36:33,702 --> 00:36:35,498
Let's see if you learned anything.
908
00:36:39,889 --> 00:36:41,702
_
909
00:36:41,811 --> 00:36:43,637
My client is in a fight for his life,
910
00:36:43,686 --> 00:36:46,135
as serious a fight as when he was
911
00:36:46,183 --> 00:36:48,424
facing the enemy in Afghanistan.
912
00:36:48,585 --> 00:36:51,272
He returned home damaged
in body and soul.
913
00:36:51,365 --> 00:36:53,342
And while he was on the long,
hard road to recovery,
914
00:36:53,390 --> 00:36:55,177
his daughter was being groomed, raped,
915
00:36:55,225 --> 00:36:57,446
and impregnated by Ajay Sharma.
916
00:36:57,811 --> 00:37:00,713
Sharma was a serial predator,
917
00:37:01,464 --> 00:37:03,311
raping young girls,
918
00:37:03,359 --> 00:37:05,434
in his home for a decade.
919
00:37:06,536 --> 00:37:09,154
No one stopped him. Not ACS.
920
00:37:09,873 --> 00:37:11,272
Not SVU.
921
00:37:11,875 --> 00:37:14,176
And now the government
wants to punish Mr. Davis
922
00:37:14,225 --> 00:37:17,363
because he did
what no one else would do.
923
00:37:17,803 --> 00:37:19,569
He protected his daughter.
924
00:37:20,678 --> 00:37:22,803
We all understand the raw emotion
925
00:37:22,852 --> 00:37:25,907
behind Mr. Davis' decision
to murder Ajay Sharma.
926
00:37:25,956 --> 00:37:27,343
We understand that.
927
00:37:27,392 --> 00:37:29,413
But the question is...
928
00:37:29,477 --> 00:37:31,531
Who do we want to determine
929
00:37:31,689 --> 00:37:33,676
which laws we obey
930
00:37:33,747 --> 00:37:35,468
and which laws we don't?
931
00:37:35,517 --> 00:37:36,834
We are lucky
932
00:37:36,936 --> 00:37:38,690
to live in a country where police,
933
00:37:38,739 --> 00:37:41,016
prosecutors, and courts
mete out justice,
934
00:37:41,065 --> 00:37:43,147
not individuals.
935
00:37:45,432 --> 00:37:48,387
You made me a promise at voir dire
936
00:37:48,514 --> 00:37:49,985
that you would decide this case
937
00:37:50,034 --> 00:37:52,580
based on the evidence and the law.
938
00:37:53,316 --> 00:37:54,869
Well, there's no doubt to either,
939
00:37:55,041 --> 00:37:57,332
as the defendant's own words
made clear.
940
00:38:07,250 --> 00:38:08,817
- Cheers.
- To what?
941
00:38:08,991 --> 00:38:10,572
Jury deliberates for six hours
942
00:38:10,620 --> 00:38:12,341
to find Mickey guilty of man two
943
00:38:12,389 --> 00:38:14,093
and we are right back where we started.
944
00:38:14,149 --> 00:38:15,402
To irony, then.
945
00:38:15,451 --> 00:38:17,605
You both did your jobs,
and so did the judge.
946
00:38:17,671 --> 00:38:19,492
I mean, Davis got the minimum, but,
947
00:38:19,540 --> 00:38:20,812
that sends a message.
948
00:38:20,861 --> 00:38:22,148
3 1/2 years?
949
00:38:22,228 --> 00:38:24,007
You ask me, he shouldn't do a day.
950
00:38:24,166 --> 00:38:25,869
Yeah, I got that from you.
951
00:38:25,998 --> 00:38:27,385
I thought we were on the same side.
952
00:38:27,465 --> 00:38:28,844
We used to be.
953
00:38:29,117 --> 00:38:30,465
Come on, Fin.
954
00:38:30,786 --> 00:38:32,507
What happens to Nydia now?
955
00:38:32,555 --> 00:38:33,738
She's in a group home.
956
00:38:33,786 --> 00:38:35,009
I mean...
957
00:38:35,057 --> 00:38:37,655
She's getting counseling.
She's mad at Mickey.
958
00:38:37,827 --> 00:38:39,547
She didn't want Ajay to die.
959
00:38:39,595 --> 00:38:41,585
Sorry to cut this wake short.
960
00:38:41,964 --> 00:38:44,019
My mom is heading to Florida tomorrow.
961
00:38:44,533 --> 00:38:45,987
Tell Liv I'm sorry I missed her.
962
00:38:46,035 --> 00:38:47,255
- Will do.
- Uh-oh,
963
00:38:47,303 --> 00:38:48,956
my fiancée wants me home.
964
00:38:49,004 --> 00:38:51,326
- You went through wh it?
- Yeah, this morning.
965
00:38:51,586 --> 00:38:53,574
One condition. No more herbal tea.
966
00:38:53,623 --> 00:38:55,027
Good for you. Mazel tov.
967
00:38:55,076 --> 00:38:57,330
- Congratulations, Fin.
- Hey, you got a date set?
968
00:38:57,546 --> 00:38:59,500
- Gotta go.
- Aw.
969
00:38:59,548 --> 00:39:01,831
- Next round's on me.
- Thank you.
970
00:39:03,965 --> 00:39:05,239
You doing okay?
971
00:39:05,287 --> 00:39:07,006
Not really.
972
00:39:07,323 --> 00:39:08,676
To be honest, I...
973
00:39:08,762 --> 00:39:10,840
- I feel bad about Mickey.
- Hmm.
974
00:39:10,941 --> 00:39:12,246
And maybe I'm a little angry.
975
00:39:12,294 --> 00:39:13,542
- At Barba?
- No.
976
00:39:13,591 --> 00:39:15,218
He was just doing his job.
977
00:39:15,267 --> 00:39:16,947
Look, it's hard enough going up
against my mentor,
978
00:39:16,996 --> 00:39:19,668
but when half of my old unit
is helping him investigate?
979
00:39:19,747 --> 00:39:21,014
It's over.
980
00:39:21,404 --> 00:39:23,705
And not for nothing, you won.
981
00:39:24,998 --> 00:39:26,261
Cheers.
982
00:39:29,078 --> 00:39:30,348
Hey.
983
00:39:30,546 --> 00:39:31,666
Did I miss the post-mortem?
984
00:39:31,714 --> 00:39:33,034
No, they're still inside.
985
00:39:33,082 --> 00:39:35,232
Hey, walk with me?
986
00:39:35,484 --> 00:39:36,989
Sure.
987
00:39:37,653 --> 00:39:39,040
Are you mad at me
988
00:39:39,088 --> 00:39:40,684
about how I handled this case?
989
00:39:41,624 --> 00:39:43,127
Davis confessed on the stand.
990
00:39:43,176 --> 00:39:44,995
What if they found him guilty
of man one?
991
00:39:45,044 --> 00:39:47,679
- It was never gonna happen.
- Because you're so good?
992
00:39:49,198 --> 00:39:52,621
Barba, how much of this
was about Davis...
993
00:39:53,002 --> 00:39:55,189
and how much of it was about you?
994
00:39:55,237 --> 00:39:58,573
- What do you mean?
- The way that you had to leave.
995
00:39:59,973 --> 00:40:03,144
Maybe you weren't
defending him, maybe...
996
00:40:04,613 --> 00:40:06,981
You were defending yourself.
997
00:40:08,451 --> 00:40:09,971
We can't change the past.
998
00:40:10,135 --> 00:40:11,879
I just miss it.
999
00:40:12,955 --> 00:40:14,489
And you.
1000
00:40:15,491 --> 00:40:16,969
That's all.
1001
00:40:17,768 --> 00:40:19,119
Me too.
1002
00:40:19,662 --> 00:40:22,007
This past year's been all about loss.
1003
00:40:23,098 --> 00:40:26,501
Well, let's hope that
this year's a better one.
1004
00:40:28,437 --> 00:40:30,111
Happy New Year, Liv.
1005
00:40:30,508 --> 00:40:32,259
Happy New Year.
1006
00:40:41,202 --> 00:40:45,202
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