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1
00:00:02,932 --> 00:00:05,025
Take off your belt.
What? Why?
2
00:00:05,099 --> 00:00:07,090
Just take it off.
3
00:00:08,400 --> 00:00:12,268
Watch, tie,
4
00:00:12,334 --> 00:00:14,564
shoelaces.
5
00:00:16,935 --> 00:00:18,869
Those too.
6
00:00:18,936 --> 00:00:21,097
- Oh, you don't understand. These were a gift.
- In the bag.
7
00:00:24,603 --> 00:00:29,040
- What now?
- Your hand. Pick up your coat.
8
00:00:31,638 --> 00:00:34,937
Gimme your right hand.
Index finger.
9
00:00:35,006 --> 00:00:39,272
[Machine Beeping]
10
00:00:42,408 --> 00:00:44,706
Move over there.
11
00:00:44,775 --> 00:00:47,266
Mr. Duvall,
nice big smile.
12
00:00:47,342 --> 00:00:50,368
- [Machine Beeps]
- Prints accepted. Turn around.
13
00:00:50,443 --> 00:00:53,276
You don't have to do that. You have
any sexually transmitted diseases?
14
00:00:53,343 --> 00:00:55,368
What? No.
Then let's go.
15
00:00:55,444 --> 00:00:56,934
Where are we going?
Central Booking.
16
00:00:57,012 --> 00:00:59,503
T. B? Hepatitis?
Of course not.
17
00:00:59,579 --> 00:01:01,513
Lice?
No.
18
00:01:01,579 --> 00:01:03,604
History of seizures?
No.
19
00:01:06,480 --> 00:01:09,074
L- l-I wanna make a call to my mother.
20
00:01:09,147 --> 00:01:13,550
Phone privileges are handed out in the
order in which you were booked, so...
21
00:01:13,615 --> 00:01:15,606
you have to wait a while.
22
00:01:24,151 --> 00:01:26,676
I think that's for me.
23
00:01:26,752 --> 00:01:28,515
You Kibre?
Tracey.
24
00:01:30,285 --> 00:01:32,378
It's solid.
25
00:01:32,452 --> 00:01:35,546
From what Novak told me, you two
did good work on this. Thanks.
26
00:01:35,620 --> 00:01:40,023
We're looking for eight to 10 for the guy
who beat Novak and took her off this case.
27
00:01:40,088 --> 00:01:42,522
Let's see if we can't do
a little better for Mr. Duvall.
28
00:01:42,589 --> 00:01:44,921
Yep.
How's she feeling?
29
00:01:44,989 --> 00:01:49,358
Casey? All right, considering. We got the guy
for murdering one woman and raping another,
30
00:01:49,423 --> 00:01:52,620
so just tell us, please, there's no
chance of him walkin' outta here tonight.
31
00:01:52,691 --> 00:01:54,591
I'd be shocked if he made bail.
32
00:01:54,657 --> 00:01:57,820
- Of course he made bail.
- It was two million dollars.
33
00:01:57,892 --> 00:02:01,794
Chump change.
We're talkin'about the Duvall clan.
34
00:02:01,860 --> 00:02:06,524
That family's influence is one of the few
things left that dates back further than I do.
35
00:02:06,594 --> 00:02:09,290
- Money doesn't mitigate murder.
- Hey, you get no argument from me.
36
00:02:09,361 --> 00:02:11,829
You should have seen Gabriel's
mother in arraignment court-
37
00:02:11,895 --> 00:02:15,023
that sense of entitlement, not to
mention the fact she completely dis-
38
00:02:20,864 --> 00:02:24,425
Assistant D.A. Kibre, this is
Eleanor Duvall. How do you do?
39
00:02:24,499 --> 00:02:27,559
Tracey was just leaving.
Hmm.
40
00:02:27,632 --> 00:02:29,532
Pleasure.
41
00:02:31,067 --> 00:02:33,297
Pretty girl.
Come on, Ellie.
42
00:02:33,367 --> 00:02:37,303
You don't like wasting time
any more than I like having it wasted.
43
00:02:37,368 --> 00:02:40,166
I don't expect you
to put a stop to this nonsense, Arthur,
44
00:02:40,236 --> 00:02:43,501
but I do ask you
to be compassionate.
45
00:02:43,569 --> 00:02:47,403
Gabriel is my only child.
He's a good boy.
46
00:02:47,470 --> 00:02:49,404
Who's gotten himself
into a heap of trouble.
47
00:02:49,470 --> 00:02:53,304
Oh, hokum.
Attacking those women? Please.
48
00:02:53,371 --> 00:02:58,638
He couldn't have done it, Arthur.
He was raised better than that.
49
00:02:59,707 --> 00:03:03,268
Well, I'll keep my eye on things.
But you keep your eye on him.
50
00:03:03,341 --> 00:03:05,775
I won't blink.
51
00:03:06,775 --> 00:03:09,938
[Speaking Spanish, Laughs]
52
00:03:10,009 --> 00:03:12,375
[Continues In Spanish]
53
00:03:16,411 --> 00:03:18,845
[Giggles, Continues In Spanish]
54
00:04:16,091 --> 00:04:18,992
The only people who care
about old money are old money.
55
00:04:19,059 --> 00:04:22,392
Heard she paid Branch a visit. She
not a fan of our courthouse? [Chuckles]
56
00:04:22,459 --> 00:04:27,123
I believe the word she used was " unclean.'
' Still no hint of a plea from Whitaker.
57
00:04:27,194 --> 00:04:31,722
Leaving me to wonder what trumps
D.N.A. Evidence and a solid witness?
58
00:04:31,795 --> 00:04:35,424
Nina Zergin's grand jury testimony
was unshakable. So was she.
59
00:04:35,495 --> 00:04:38,623
She risked everything
to come forward on her rape.
60
00:04:38,696 --> 00:04:40,687
We're gonna get this guy, Casey.
61
00:04:43,898 --> 00:04:49,165
We found the D.N.A. Of Gabriel Duvall and Marguerite
Beauclaire, the deceased victim, on the tissue.
62
00:04:49,232 --> 00:04:51,700
Which was pulled from
a precinct trash can.
63
00:04:51,766 --> 00:04:54,428
Would you be surprised if half the
perps in New York left D.N.A. On it?
64
00:04:54,500 --> 00:04:58,061
Uh, w-wait a second. Can you speak
to the technique that you employed?
65
00:04:58,134 --> 00:05:02,571
The defendant's sample was large
and easy to develop. We used S.T.R.
66
00:05:02,635 --> 00:05:06,435
- What about the victim's D.N. A?
- [Woman] There we were dealing with a degraded sample.
67
00:05:06,503 --> 00:05:09,939
We had to use a composite I.D.
That included S.T.R., S.N.I.P. -
68
00:05:10,004 --> 00:05:14,270
And mitochondrial D.N.A., which can't be
used to positively I.D. Someone, correct?
69
00:05:14,338 --> 00:05:17,899
In and of itself, no, but when read in
conjunction with other analysis, it can.
70
00:05:17,972 --> 00:05:22,341
- Do the People have any further evidence?
- No, Your Honor.
71
00:05:22,406 --> 00:05:24,636
Thank you. We'd like to call
our own witness, Your Honor,
72
00:05:24,707 --> 00:05:26,641
to dispute M.E. Warner's opinion.
73
00:05:26,707 --> 00:05:31,269
There's no need. I'm well aware of the debate
regarding the validity of a composite identification.
74
00:05:31,341 --> 00:05:34,435
The dust hasn't settled
in the scientific world.
75
00:05:34,509 --> 00:05:37,342
When they are ready to accept it,
so will my court.
76
00:05:37,410 --> 00:05:41,278
Can you still go forward with your
indictment without the D.N.A. Evidence?
77
00:05:41,344 --> 00:05:43,278
Without it, we cannot meet our burden.
78
00:05:43,344 --> 00:05:49,249
Well, then the count charging Gabriel Duvall with
the murder of Marguerite Beauclaire is dismissed.
79
00:05:49,313 --> 00:05:52,373
But the one count of rape remains.
80
00:05:54,081 --> 00:05:57,073
[Kibre] He didn't commit a
murder and leave nothing behind.
81
00:05:57,148 --> 00:05:59,981
- If it's out there, I'll find it.
- Yeah? When?
82
00:06:00,049 --> 00:06:05,282
Listen. Everybody knows you were handed
a crap case. Don't take it out on me.
83
00:06:06,584 --> 00:06:08,518
[Man] Suggestion? Yeah?
84
00:06:08,584 --> 00:06:12,281
I grew up with rich kids like Gabriel.
85
00:06:12,351 --> 00:06:14,581
There's one thing
that they all have in common-
86
00:06:14,652 --> 00:06:16,916
is that none of them were raised
by their own mothers.
87
00:06:16,986 --> 00:06:19,454
So you're saying nanny?
[Kibre] Look into it.
88
00:06:19,520 --> 00:06:23,149
Better yet, look into anybody
who ever worked for the Duvalls.
89
00:06:23,221 --> 00:06:25,451
I just got off the phone
with the civil clerk's office.
90
00:06:25,521 --> 00:06:30,481
Six years ago, a sexual harassment suit was
filed against an employee of Everton Consulting.
91
00:06:30,556 --> 00:06:34,686
- Tell me it was our guy.
- Gabriel does freelance work in their I.T. Department.
92
00:06:35,757 --> 00:06:39,921
Another opportunity for you
to work your magic with the ladies.
93
00:06:43,625 --> 00:06:48,358
You don't look like lawyers.
Well, uh, we're D.A. Investigators.
94
00:06:48,426 --> 00:06:51,327
Mind if we ask you a couple
questions? [Woman] About?
95
00:06:51,394 --> 00:06:55,194
The sexual harassment suit you filed against Gabriel Duvall
- We know there was a settlement.
96
00:06:55,261 --> 00:06:57,388
Is this a criminal case?
Mm-hmm.
97
00:06:57,463 --> 00:06:59,624
So confidentiality clauses
don't apply?
98
00:07:01,197 --> 00:07:03,825
- I dated a lawyer.
- Hmm. What inspired the suit?
99
00:07:03,897 --> 00:07:06,491
Gabriel worked out of a cube
right next to the ladies'room.
100
00:07:06,565 --> 00:07:09,159
Every time I'd come out,
he'd be standing there waiting to talk.
101
00:07:09,232 --> 00:07:12,030
I felt bad for the guy,
so I'd say we'd talk later.
102
00:07:12,099 --> 00:07:15,466
Well, the next time I'd go to the bathroom,
he'd ask me if it was "later" yet.
103
00:07:15,533 --> 00:07:17,763
Sounds persistent, not dangerous.
104
00:07:17,834 --> 00:07:21,326
He'd say things to me no one in
their right mind should say at work.
105
00:07:21,401 --> 00:07:23,665
I went to Human Resources,
but they wouldn't act.
106
00:07:23,734 --> 00:07:26,703
Amazing what family money
lets you get away with.
107
00:07:27,702 --> 00:07:30,068
[Gabriel] It was consensual.
[Whitaker] Not according to Nina Zergin.
108
00:07:30,137 --> 00:07:33,004
She's saying that you raped her,
and then you gave her $5,000.
109
00:07:33,070 --> 00:07:35,664
If I raped her,
why would she take the money?
110
00:07:35,737 --> 00:07:38,900
Why were you having sex in an alley?
I wouldn't bring a girl like that home.
111
00:07:38,972 --> 00:07:42,135
Ajury's gonna love that. People
have sex in all kinds of places.
112
00:07:42,206 --> 00:07:45,664
It was convenient.
I think that's enough for one night.
113
00:07:45,740 --> 00:07:51,610
Oh, darling, you've hardly touched
your dinner. I wanted meat loaf.
114
00:07:51,675 --> 00:07:55,167
Would it be all right if I was excused?
I still have to unpack my books.
115
00:08:00,310 --> 00:08:04,940
Gabriel's very particular about
routines. Well, he hates staying here.
116
00:08:05,011 --> 00:08:08,879
But with the press camped out on his doorstep
- Anything you can do to make him comfortable.
117
00:08:08,946 --> 00:08:13,042
We've gotta keep him on his game for his
testimony. Oh, that won't be necessary.
118
00:08:13,114 --> 00:08:16,447
Well, you didn't invite me here
just to chat.
119
00:08:16,514 --> 00:08:21,008
We both know this is going
to trial. This Nina girl-
120
00:08:22,082 --> 00:08:26,712
is her testimony
all the prosecution has?
121
00:08:29,350 --> 00:08:34,049
Nina called the community center.
By the time I arrived,
122
00:08:34,119 --> 00:08:36,952
she'd already started
to clean it up.
123
00:08:38,953 --> 00:08:41,615
She was in hysterics
when I found her.
124
00:08:41,687 --> 00:08:44,485
Nina.
125
00:08:46,154 --> 00:08:48,884
Nina, are you hurt?
[Sniffles]
126
00:08:48,955 --> 00:08:54,325
- Were you here when they did this?
- She was at work. The night shift.
127
00:08:56,756 --> 00:09:00,522
What does it say? It's
what they call me now...
128
00:09:02,024 --> 00:09:05,460
in the street, at the market-
[Sobs]
129
00:09:05,525 --> 00:09:07,789
"Prostitute," " whore.' '
130
00:09:07,860 --> 00:09:09,794
She's not safe here.
131
00:09:09,860 --> 00:09:13,921
Hey, come on. Let's get you to a
hotel until we can relocate you, okay?
132
00:09:13,994 --> 00:09:16,394
[Sniffles]
Okay.
133
00:09:16,461 --> 00:09:19,658
They did this
to keep me from talking.
134
00:09:19,729 --> 00:09:22,823
Now I have no reason left not to.
135
00:09:22,896 --> 00:09:25,831
I can't believe you're not going
after them for witness intimidation.
136
00:09:25,897 --> 00:09:29,333
How would we prove it-
trace the spray paint on Nina's walls?
137
00:09:29,397 --> 00:09:33,527
- Anyway, it only strengthened her resolve and showed us what they're thinking.
- Which is?
138
00:09:33,599 --> 00:09:35,931
They're scared.
Did you find our nanny yet?
139
00:09:35,999 --> 00:09:38,832
Eva Wilke.
We know she was German.
140
00:09:38,900 --> 00:09:42,336
She left the Duvalls when Gabriel
was packed off to military school.
141
00:09:42,400 --> 00:09:45,631
But she went back
to Germany years ago.
142
00:09:47,236 --> 00:09:49,932
Well
- [Sighs] Before Nannygate,
143
00:09:50,002 --> 00:09:54,063
weren't most houses with staff hiring
undocumented workers? [Gaffney] I checked that.
144
00:09:54,137 --> 00:09:58,699
According to Immigration, the Duvalls have sponsored
a series of aliens over the years. All legit.
145
00:09:58,771 --> 00:10:02,764
There was that nanny, and an
Irish maid named Julia Lonegan.
146
00:10:02,839 --> 00:10:07,970
She's currently in the Bronx at
the, uh, Fayerweather Nursing Home.
147
00:10:08,040 --> 00:10:10,634
You seem a lot younger
than most of the residents here.
148
00:10:10,708 --> 00:10:14,644
C.H.F.
- It's a technical term for a lazy ticker.
149
00:10:14,708 --> 00:10:19,236
I got tired of being a burden on everyone
I loved, so I checked myself in here.
150
00:10:19,309 --> 00:10:22,369
Let me ask you.
You came over from Ireland.
151
00:10:22,444 --> 00:10:25,811
Came to work for the Duvalls
from 1971 to 1974.
152
00:10:25,878 --> 00:10:29,211
- Yes.
- Not the best time to be in Belfast.
153
00:10:30,279 --> 00:10:35,478
My brother was killed in the uprising. My father
knew someone here who worked for the Duvalls,
154
00:10:35,547 --> 00:10:38,812
so I went from being
Catholic schoolgirl to housemaid.
155
00:10:38,881 --> 00:10:41,850
So why did you stop working for them?
156
00:10:41,915 --> 00:10:44,645
Because they asked me to.
You're here about Gabriel.
157
00:10:44,715 --> 00:10:48,242
[Ravell] What makes you say
that? It's just a matter of time.
158
00:10:48,316 --> 00:10:50,876
I'm sure he raped that woman.
159
00:10:50,950 --> 00:10:55,148
He was only 14 years old when you stopped
workin' for the Duvalls. How would you know that?
160
00:10:56,918 --> 00:10:59,409
Because he raped me too.
161
00:11:04,720 --> 00:11:07,655
Both women are here?
In two separate rooms.
162
00:11:07,721 --> 00:11:09,655
I hate putting Nina
through this again.
163
00:11:09,721 --> 00:11:12,815
Well, it might help us
find a signature. Signature?
164
00:11:12,889 --> 00:11:17,952
Serial rapists often exhibit a repetitive behavioral
pattern. Sometimes they're not even aware they're doing it.
165
00:11:18,023 --> 00:11:21,891
If we can establish Gabriel's, we tie
the two rapes together. And we've got him.
166
00:11:21,957 --> 00:11:26,394
- It's right here.
- The nanny was away, so I was giving him his bath.
167
00:11:27,459 --> 00:11:30,189
He was 14
- a little old for you to be bathing him, isn't he?
168
00:11:30,260 --> 00:11:34,162
Gabriel was forgetful. Uh, he was
a little bit touched, you know?
169
00:11:34,227 --> 00:11:39,290
Sometimes he went days without washing, and
the children at school were making fun ofhim.
170
00:11:39,362 --> 00:11:42,763
So I would draw the bath
and wash his hair, and he'd do the rest.
171
00:11:42,829 --> 00:11:45,161
Okay. And this time,
it was different.
172
00:11:45,229 --> 00:11:48,528
I know it wasn't right,
but Mrs. Duvall insisted.
173
00:11:48,597 --> 00:11:53,159
I tried to hand him the washcloth, but
he wouldn't take it. He seemed confused.
174
00:11:53,231 --> 00:11:57,497
- He was-you know.
- Erect?
175
00:11:59,699 --> 00:12:04,363
He asked me to "take care of it,"
and then he said, " Please.' '
176
00:12:04,433 --> 00:12:07,368
He kept repeating that word:
"Please.' '
177
00:12:07,434 --> 00:12:11,928
"Please.' '
He said it over and over again.
178
00:12:12,003 --> 00:12:16,531
He had his pants down
around his ankles.
179
00:12:20,371 --> 00:12:24,137
[Quietly] Nina, you take
as much time as you need.
180
00:12:30,073 --> 00:12:32,940
He pulled my underpants off,
181
00:12:35,074 --> 00:12:37,907
leaned into me.
182
00:12:37,975 --> 00:12:42,571
Inside I could feel a burning.
183
00:12:43,643 --> 00:12:45,634
I was crying-
184
00:12:48,411 --> 00:12:53,314
not just from the pain, but because
of what he was taking from me.
185
00:12:57,079 --> 00:12:59,070
Then he stopped.
186
00:13:01,614 --> 00:13:05,675
I'm sorry.
He stopped-
187
00:13:06,749 --> 00:13:09,081
To wipe away my tears.
188
00:13:10,149 --> 00:13:13,050
I didn't even realize
I'd started crying.
189
00:13:14,117 --> 00:13:18,281
I was what they used to call
a"good girl" in those days,
190
00:13:18,351 --> 00:13:21,047
and what he was doing,
it hurt me.
191
00:13:21,119 --> 00:13:23,280
And he wiped away your tears?
192
00:13:24,352 --> 00:13:30,222
Yes. A nd then he started to rock
me in his arms and stroke my hair,
193
00:13:30,288 --> 00:13:32,279
like a mother does a child.
194
00:13:32,354 --> 00:13:35,755
He stroked my hair
and whispered, "Shush.' '
195
00:13:37,322 --> 00:13:42,692
He was finished,
but he held me like a baby.
196
00:13:44,990 --> 00:13:48,391
Is that when he gave you the money?
197
00:13:48,458 --> 00:13:52,724
He put it in my hand
and closed my fingers around it.
198
00:13:54,092 --> 00:13:57,118
Why would he do something like that?
199
00:13:57,194 --> 00:14:01,722
I felt it was my duty
to tell Mrs. Duvall what had happened.
200
00:14:01,795 --> 00:14:05,390
She called me a whore,
threw me out of the house.
201
00:14:05,462 --> 00:14:09,728
I had nowhere to go.
I couldn't go home.
202
00:14:09,796 --> 00:14:12,390
I'm ashamed to admit it,
203
00:14:12,463 --> 00:14:15,864
but she gave me a great
deal of money, and I took it.
204
00:14:18,599 --> 00:14:20,533
Did Gabriel see this?
205
00:14:20,599 --> 00:14:23,966
He was standing there in the doorway.
206
00:14:25,600 --> 00:14:28,228
Does the nameJulia Lonegan
mean anything to you?
207
00:14:28,301 --> 00:14:31,099
She worked for us.
I fired her.
208
00:14:31,168 --> 00:14:33,159
Thank you, Rita.
I'll take it from here.
209
00:14:36,903 --> 00:14:40,634
[Clears Throat]
She's saying Gabriel raped her.
210
00:14:41,904 --> 00:14:46,603
That's ridiculous. Why should I give
credence to lies? Well, to you it's lies.
211
00:14:46,672 --> 00:14:48,765
Ajury can see it
as convincing testimony.
212
00:14:48,839 --> 00:14:53,333
She demanded money. I gave
it to her. She went away.
213
00:14:53,407 --> 00:14:56,137
Apparently
not far enough.
214
00:14:58,074 --> 00:15:01,134
Gabriel may have
had difficulties in the past,
215
00:15:01,209 --> 00:15:04,701
but he worked very hard
to overcome them.
216
00:15:04,776 --> 00:15:09,008
No one will talk. That's
just it. People are talking.
217
00:15:10,010 --> 00:15:13,070
It's time you did
some talking of your own.
218
00:15:16,679 --> 00:15:20,615
The investigation into Nina's rape
alluded to several other attacks,
219
00:15:20,680 --> 00:15:23,080
all ending with the victims
receiving money.
220
00:15:23,147 --> 00:15:25,638
We getJulia's story in,
221
00:15:27,081 --> 00:15:30,983
and it opens the door to nailing
Gabriel for the other rapes. [Knocks]
222
00:15:31,049 --> 00:15:34,780
Tracey, you might wanna
take a look at this.
223
00:15:37,684 --> 00:15:41,051
[Mrs. Duvall On TV] Talk about the
South Bronx Youth and Recreation Center.
224
00:15:41,117 --> 00:15:43,312
To which you have made
a sizable donation.
225
00:15:43,385 --> 00:15:47,719
But I wouldn't be worth my weight if I
didn't mention the trial. Your son, Gabriel-
226
00:15:47,786 --> 00:15:50,755
Unbelievable. Is facing
some pretty serious charges.
227
00:15:50,820 --> 00:15:53,448
We're an easy target.
228
00:15:53,521 --> 00:15:57,457
There's talk of more allegations
from a former employee.
229
00:15:57,522 --> 00:16:01,083
Well, when you open
your home to someone,
230
00:16:01,156 --> 00:16:04,853
you're putting yourself in
a potentially vulnerable position.
231
00:16:04,923 --> 00:16:07,721
[King] So you're saying there's
no truth to her accusations?
232
00:16:07,791 --> 00:16:12,194
People hear the name Duvall
and think "idle rich,"
233
00:16:12,259 --> 00:16:15,956
but what I really am
is a widow and a mother.
234
00:16:16,026 --> 00:16:19,291
I trusted someone,
and she's betrayed my trust.
235
00:16:19,360 --> 00:16:22,158
[King] You're saying she wanted money?
236
00:16:22,228 --> 00:16:27,666
[Inhales] Well, I'm not at
liberty to discuss the case.
237
00:16:27,729 --> 00:16:31,062
These women, most of them
work the night shift, cleaning offices and-
238
00:16:31,129 --> 00:16:34,621
and stores and-
and fancy homes like this one.
239
00:16:34,697 --> 00:16:38,394
They can't afford to be here, but they
are, because they have to believe...
240
00:16:38,465 --> 00:16:41,957
that Eleanor Duvall isn't the
only one to be heard. [Horn Honks]
241
00:16:42,032 --> 00:16:45,490
There he is!
Duvall, you gonna take some questions?
242
00:16:45,566 --> 00:16:48,399
Hey, come on.
[Protestors, Reporters Clamoring]
243
00:16:48,467 --> 00:16:50,765
[Man]
Rich rapist!
244
00:16:50,834 --> 00:16:54,099
- [Woman] On behalf of your- -
[Reporter]Just make a statement.
245
00:16:54,169 --> 00:16:57,832
- Get a shot.
- [Man] Put him in jail!
246
00:16:57,903 --> 00:17:00,337
[Man #2] He's guilty!
[Clamoring Continues]
247
00:17:07,404 --> 00:17:09,565
You all right? [Man] Pervert!
248
00:17:09,639 --> 00:17:12,836
[Whitaker] No, no, no. Come on.
Let's get inside. Gabriel, come on.
249
00:17:16,840 --> 00:17:21,004
I'd really like to get you
to a doctor. Gabriel? What?
250
00:17:21,075 --> 00:17:25,375
- A little farther over, that rock could've taken out your eye.
- Oh, it's not just a rock.
251
00:17:25,443 --> 00:17:31,109
See, intense heat and pressure have transformed the shale into a
- a conglomeration of minerals.
252
00:17:31,177 --> 00:17:33,111
You see how it glints?
253
00:17:33,178 --> 00:17:35,339
Yeah. I'm- I'm gonna call a doctor.
254
00:17:48,248 --> 00:17:50,341
[Shatters]
255
00:18:02,551 --> 00:18:05,918
[Shards Clinking]
256
00:18:09,486 --> 00:18:12,580
[Clinking Continues]
257
00:18:23,522 --> 00:18:27,982
I can't say that I'm surprised. What
- that Trillin imposed a gag order, or that it took him so long to do it?
258
00:18:28,057 --> 00:18:30,651
[Woman] Don't tell me to calm down.
I've been waiting for over an hour.
259
00:18:30,725 --> 00:18:34,456
- Where's this Kibre person anyway?
- She's right here. What's this about?
260
00:18:36,626 --> 00:18:38,787
Eleanor Duvall's
smear campaign.
261
00:18:39,860 --> 00:18:44,422
If you're here to come forward about something Gabriel did to you
- He didn't rape me.
262
00:18:44,494 --> 00:18:49,158
He raped my mother.
Julia Lonegan's my mother.
263
00:18:49,228 --> 00:18:52,527
She helps you and gets called a
money-grubbing whore on Larry King.
264
00:18:52,596 --> 00:18:58,262
What can we do? Stay away
from her. You've done enough.
265
00:19:03,565 --> 00:19:06,534
- [Knocking]
- Got your messages. What's up?
266
00:19:06,599 --> 00:19:09,363
I had a visit today
from Julia Lonegan's daughter.
267
00:19:11,734 --> 00:19:14,498
Didn't know she had one.
Neither did I.
268
00:19:14,568 --> 00:19:19,130
Checked her birth records.
She's gonna be 31 in May.
269
00:19:19,202 --> 00:19:22,535
Julia didn't get married until a
year after the birth, which means...
270
00:19:22,603 --> 00:19:26,505
there's a good chance that Meg is the product
of her mother's rape and doesn't know it.
271
00:19:26,571 --> 00:19:32,066
- How can you be sure?
- Well, Julia said she was a virgin when Gabriel raped her.
272
00:19:32,139 --> 00:19:34,630
If Meg is his daughter, I want to prove it.
273
00:19:35,773 --> 00:19:39,368
- You're not gonna tell her.
- Oh, come on, Casey.
274
00:19:39,440 --> 00:19:41,499
I got handed a dog here:
275
00:19:41,574 --> 00:19:46,273
A murder charge that evaporated, a rape
victim with nothing more than her word,
276
00:19:46,342 --> 00:19:51,302
no D.N.A., no witnesses- and to back it
all up- an alleged rape from 30 years ago?
277
00:19:52,377 --> 00:19:54,538
You try what you have.
278
00:19:54,610 --> 00:19:59,377
Well, without Meg's D.N.A.,
I have no chance in hell.
279
00:20:03,746 --> 00:20:07,705
My mother already told you everything.
What more do you want?
280
00:20:07,780 --> 00:20:11,011
We need a D.N.A. Sample. I
won't let her give you one.
281
00:20:11,081 --> 00:20:13,481
Not from your mother,
from you.
282
00:20:17,850 --> 00:20:19,784
Oh, my God.
283
00:20:21,250 --> 00:20:23,946
Your mother told you
about Gabriel Duvall.
284
00:20:26,685 --> 00:20:30,314
When?
This morning.
285
00:20:30,386 --> 00:20:35,221
A cop called her asking for my work
address. She hung up on them and called me.
286
00:20:38,187 --> 00:20:41,020
It was you who called.
287
00:20:42,455 --> 00:20:45,754
Your mother is the only one that
had the right to tell you. I just...
288
00:20:45,822 --> 00:20:48,791
made sure that
it happened that way.
289
00:20:50,990 --> 00:20:54,118
I already have a father.
290
00:20:54,191 --> 00:21:00,130
The man who raised you and the man who
loved you will always be your father,
291
00:21:00,192 --> 00:21:02,854
and nothing
is ever gonna change that.
292
00:21:06,094 --> 00:21:10,394
This isn't happening.
That monster raped my mother.
293
00:21:14,929 --> 00:21:19,491
Your mother found the courage
to tell us what happened.
294
00:21:21,064 --> 00:21:24,033
Your mother found her voice.
295
00:21:27,133 --> 00:21:29,624
Don't be the one to silence it.
296
00:22:08,842 --> 00:22:10,833
[Quietly]
Thank you.
297
00:22:13,543 --> 00:22:18,981
The D.N.A. Is a match. In 1974,Julia
Lonegan was raped by Gabriel Duvall.
298
00:22:19,045 --> 00:22:21,741
- Allegedly.
- She'll testify to that fact.
299
00:22:21,812 --> 00:22:25,009
We're talking about something
that may have happened 30 years ago.
300
00:22:25,079 --> 00:22:28,480
There's no bright-line rule that determines
when Molineaux evidence is too remote.
301
00:22:28,546 --> 00:22:32,710
The complainant is a woman who is currently under a
doctor's care. She's taking a series of medications-
302
00:22:32,781 --> 00:22:37,343
H.C.T.Z., benzos
- all of which have been proven to cause confusion in the elderly.
303
00:22:37,416 --> 00:22:39,509
Take it up on cross.
304
00:22:39,582 --> 00:22:43,040
- And I'd hardly call 55 " elderly.' '
- Well-
305
00:22:43,116 --> 00:22:47,883
I'll issue my ruling on the admissibility
of the Molineaux evidence after lunch.
306
00:22:47,951 --> 00:22:50,647
[Whitaker]
Thank you.
307
00:22:51,886 --> 00:22:54,377
[Door Opens]
Ladies first.
308
00:22:58,254 --> 00:23:01,417
Eleanor, sorry I'm late.
We went over. Mm-hmm.
309
00:23:01,487 --> 00:23:03,421
Where's Gabriel?
Oh, just takin' a walk.
310
00:23:03,488 --> 00:23:06,218
We're gonna meet back at
the courthouse after lunch.
311
00:23:06,289 --> 00:23:08,814
Was that girl there?
No.
312
00:23:08,890 --> 00:23:13,850
Neither was the mother. I suppose
she's expecting some inheritance.
313
00:23:13,924 --> 00:23:16,859
We'll burn that bridge when
we come to it. So where are we?
314
00:23:16,924 --> 00:23:20,189
If the judge doesn't allow Julia
Lonegan's testimony, it goes away-
315
00:23:20,259 --> 00:23:22,523
jury never hears about it,
and your position stands.
316
00:23:22,592 --> 00:23:26,926
In other words, it never
happened. Nina's word against his.
317
00:23:26,994 --> 00:23:32,660
On the other hand, ifJulia's testimony does get in,
along with the fact that her daughter's D.N.A. Is a match,
318
00:23:32,728 --> 00:23:34,923
a jury could believe it.
319
00:23:34,996 --> 00:23:37,396
And if they believe that
Gabriel raped Julia, there's a-
320
00:23:37,463 --> 00:23:40,364
there's a good chance that they'll
believe he did the same to Nina Zergin.
321
00:23:40,430 --> 00:23:44,025
What are we going to do?
Convince them otherwise.
322
00:23:45,098 --> 00:23:49,467
Gabriel was 14 at the time,
and Julia was 23.
323
00:23:49,532 --> 00:23:51,898
I mean, who's to say
that she didn't seduce him?
324
00:23:54,966 --> 00:23:58,367
Mr. Whitaker, where, oh,
where can your client be?
325
00:23:58,435 --> 00:24:02,394
- I believe he's on his way.
- Believing and knowing are two very different things.
326
00:24:02,469 --> 00:24:05,996
The defendant's violating the terms
of his release. You're correct,
327
00:24:06,070 --> 00:24:09,096
and I'm issuing a bench warrant
for his arrest.
328
00:24:09,170 --> 00:24:12,037
Now let's proceed with our
discussion while we await his arrival.
329
00:24:12,104 --> 00:24:15,267
I've reviewed your
supplementary briefs, and...
330
00:24:15,339 --> 00:24:18,399
I believe that the crime
was simply too remote.
331
00:24:18,472 --> 00:24:21,236
But Your Honor
- The timeline isn't all that concerns me.
332
00:24:21,306 --> 00:24:26,039
Even if Mr. Duvall had been tried and convicted
of rape at the time, he was a juvenile.
333
00:24:26,107 --> 00:24:29,235
- Right.
- We're not asking for a juvenile conviction to be admitted,
334
00:24:29,308 --> 00:24:31,776
simply the substance of the bad act.
335
00:24:31,842 --> 00:24:34,037
And either way,
the records would have been sealed.
336
00:24:34,109 --> 00:24:37,806
Julia Lonegan's testimony is out.
337
00:24:38,811 --> 00:24:43,009
I don't know which is worse
- losing Julia's testimony or having to tell her that we did.
338
00:24:43,078 --> 00:24:45,239
You can't second-guess it.
Why not?
339
00:24:45,312 --> 00:24:49,476
Only took us a couple of days to screw up what
had took her 30 years to try to make right.
340
00:24:49,546 --> 00:24:54,313
She didn't have to come forward. We would
have pushed her, and you know it. [Sighs]
341
00:24:54,381 --> 00:24:57,179
Give me a good old-fashioned
homicide any day-
342
00:24:57,248 --> 00:24:59,682
Then you don't have to
look your victim in the face.
343
00:24:59,749 --> 00:25:01,774
Did you check
your pager?
344
00:25:01,849 --> 00:25:05,182
Gabriel Duvall was just arrested.
He jumped a woman down on Varick.
345
00:25:05,249 --> 00:25:08,377
Son of a bitch did it again.
Well, not quite.
346
00:25:08,451 --> 00:25:11,386
They caught him before he got
the chance to follow through.
347
00:25:11,452 --> 00:25:15,252
She fits his pattern:
23 years old, domestic.
348
00:25:15,319 --> 00:25:17,082
Where is he now?
349
00:25:17,152 --> 00:25:19,882
[Ravell]
Lawyer still hasn't showed?
350
00:25:19,953 --> 00:25:23,252
L-I don't need Mr. Whitaker here
to explain this misunderstanding.
351
00:25:23,321 --> 00:25:26,449
Whoa. You-you slow down. We can't discuss
this case without your lawyer present.
352
00:25:26,521 --> 00:25:30,082
- This is a waste of time. Let me explain.
- Can't! Against the rules.
353
00:25:30,155 --> 00:25:33,852
L-I was agitated because of what happened in the
judge's chambers. Like we said, we can't hear you.
354
00:25:33,924 --> 00:25:37,587
Can you imagine the gasket Whitaker would blow
if he thought we were questioning his client?
355
00:25:37,658 --> 00:25:40,286
Forget the lawyer. I'm worried
about his mother. [Ravell Chuckles]
356
00:25:41,359 --> 00:25:45,819
Well, I believe I can explain my own actions without
my mother. [Ravell] We've advised you of your rights.
357
00:25:45,892 --> 00:25:50,886
That girl you say I attacked wanted to
help me. That's what those people do.
358
00:25:52,461 --> 00:25:56,591
When I was a child and I got excited,
my nanny took care of it.
359
00:25:57,662 --> 00:26:01,098
She didn't want me touching it.
She said it wasn't allowed.
360
00:26:02,163 --> 00:26:05,758
It's like she said: If someone doesn't
make it go down, you have to cut it off.
361
00:26:05,831 --> 00:26:08,391
Gabriel, shut up.
You two, out.
362
00:26:08,465 --> 00:26:12,094
Well, since he asked so nicely.
363
00:26:19,267 --> 00:26:22,259
- [Sighs]
- I want you to take me home now.
364
00:26:24,569 --> 00:26:26,537
Can't do that this time.
What do you mean?
365
00:26:26,602 --> 00:26:29,696
They're not taking that woman seriously?
She hit on me. She says you attacked her.
366
00:26:29,770 --> 00:26:31,260
[Hits Table] That's a lie! Calm down.
367
00:26:31,337 --> 00:26:34,966
- Gabriel- - Is this a
trick? This must be a trick.
368
00:26:35,038 --> 00:26:37,438
They're paying her to do this
so they can keep me here!
369
00:26:38,972 --> 00:26:43,306
Now your sex life has caught up with you, and you're
gonna have to pay for it unless you listen to me right now.
370
00:26:44,374 --> 00:26:46,604
[Quietly] There's one
way I see us beating this,
371
00:26:46,674 --> 00:26:50,940
but I'm gonna need you
to go along with it all the way.
372
00:26:58,976 --> 00:27:03,675
Happy? What can I say?
Christmas came early this year.
373
00:27:03,745 --> 00:27:07,203
You know I'm getting the interrogation tossed
out. [Scoffs] It was more like an opera.
374
00:27:07,278 --> 00:27:11,112
They couldn't keep your guy from
singin'. No. They crossed the line.
375
00:27:11,179 --> 00:27:15,707
I don't need his words. His actions
speak for themselves. We'll see.
376
00:27:15,780 --> 00:27:18,248
In case you forgot,
this is where we talk plea.
377
00:27:18,315 --> 00:27:21,546
Oh, I wouldn't be serving my client
well if I recommended an admission.
378
00:27:21,615 --> 00:27:24,083
You're nuts.
No.
379
00:27:24,149 --> 00:27:28,813
My client is.
I'm filing notice of an insanity defense.
380
00:27:35,418 --> 00:27:38,785
[Dr. Olivet] How about
this one? [Gabriel] Excited?
381
00:27:38,853 --> 00:27:41,219
No, wait. That's wrong.
382
00:27:42,453 --> 00:27:45,889
Funny.
I'm not sure.
383
00:27:45,954 --> 00:27:50,584
What do you do when you can't tell what
someone's thinking just by looking at them?
384
00:27:50,655 --> 00:27:53,453
I listen.
To their voice?
385
00:27:53,523 --> 00:27:56,617
No. That can be misleading.
People sometimes employ sarcasm.
386
00:27:56,690 --> 00:27:59,420
It affects their tone.
I listen to the words.
387
00:27:59,491 --> 00:28:01,755
Do you think people
always say what they mean?
388
00:28:01,824 --> 00:28:03,883
Why would they say it
if they didn't mean it?
389
00:28:06,992 --> 00:28:09,290
I know that one: Surprise.
390
00:28:09,359 --> 00:28:13,659
That's right. How did you know?
391
00:28:13,727 --> 00:28:17,219
At home we have books on nonverbal communication
- body language.
392
00:28:17,294 --> 00:28:19,592
You work hard at reading people.
393
00:28:19,662 --> 00:28:22,392
I try. But the books, they're limited.
394
00:28:24,096 --> 00:28:27,554
For example, your arms are crossed. That's
an aggressive stance. Are you threatened?
395
00:28:27,630 --> 00:28:29,291
No.
Well, you see?
396
00:28:30,464 --> 00:28:34,161
Human behavior isn't discernible,
because it isn't fixed.
397
00:28:34,232 --> 00:28:39,260
You can never really know what a person
means by how they look or what they say.
398
00:28:39,334 --> 00:28:42,701
Ten different people
have 10 different smiles.
399
00:28:43,768 --> 00:28:48,000
I know you don't want to hear it,
but I agree with the defense's evaluation.
400
00:28:48,069 --> 00:28:53,564
You're saying he's autistic. Asperger's Syndrome
does fall within the spectrum of autistic disorders,
401
00:28:53,637 --> 00:28:56,470
but there is a debate as to where it fits.
402
00:28:56,537 --> 00:29:01,474
It's a convenient time for a diagnosis. Well,
A.S. Was virtually unknown until a few years ago.
403
00:29:01,539 --> 00:29:04,838
In many cases,
it went undiagnosed or ignored.
404
00:29:06,006 --> 00:29:09,942
So they're gonna use it as some
kind of an excuse? It'll be hard.
405
00:29:10,007 --> 00:29:13,272
There's no known connection
between A.S. And violence.
406
00:29:13,341 --> 00:29:17,937
- So this isn't typical behavior for someone with this syndrome?
- Absolutely not.
407
00:29:18,009 --> 00:29:23,276
As a matter of fact, most people who suffer from A.S.
Are much more likely to be the victim than the aggressor.
408
00:29:23,344 --> 00:29:26,905
So you want me to feel sorry for him?
Liz, he raped and ran.
409
00:29:27,978 --> 00:29:33,610
I'm here to make a psychological
assessment, Tracey, not defend his actions.
410
00:29:34,679 --> 00:29:40,481
A.S. Certainly isn't the cause, but it could be
a factor in Gabriel's aggressive sexual behavior.
411
00:29:41,848 --> 00:29:46,376
Or a last-ditch effort to set
a serial rapist and murderer free.
412
00:29:46,449 --> 00:29:48,383
[Sighs]
413
00:29:48,450 --> 00:29:53,114
Your calendar just opened up. I'm
not gonna be calling you to the stand.
414
00:29:55,084 --> 00:29:58,019
[Kibre]
Can you point to the man who raped you?
415
00:29:59,519 --> 00:30:03,114
May the record reflect
that the witness has identified...
416
00:30:03,186 --> 00:30:05,586
the defendant, Gabriel Duvall.
417
00:30:05,653 --> 00:30:09,589
The record shall so reflect.
Thank you, Nina.
418
00:30:15,022 --> 00:30:17,320
Miss Zergin, you-
419
00:30:17,389 --> 00:30:21,416
you said that you were coming from
the subway when you were attacked.
420
00:30:21,490 --> 00:30:23,355
Is that correct?
Yes.
421
00:30:23,425 --> 00:30:26,986
- Was the train crowded?
- It was 3:00 in the morning.
422
00:30:27,058 --> 00:30:30,118
Did you happen to notice if Mr. Duvall
was riding in the same car as you?
423
00:30:30,193 --> 00:30:33,822
I don't know.
I bring a book along with me to read.
424
00:30:33,894 --> 00:30:38,661
- Are you saying that he wasn't there, or that you didn't see him?
- I didn't see him.
425
00:30:38,728 --> 00:30:42,528
- So you didn't talk to Mr. Duvall?
- Objection. Asked and answered.
426
00:30:42,595 --> 00:30:44,426
Mr. Whitaker,
you've made your point.
427
00:30:47,496 --> 00:30:49,930
So when you were leaving the train,
428
00:30:49,997 --> 00:30:54,366
did you, uh, happen to
ask anybody for the time?
429
00:31:06,967 --> 00:31:09,026
[Voice Breaking]
Oh. L-
430
00:31:09,102 --> 00:31:12,299
Did you ask Mr. Duvall what time it was?
431
00:31:12,369 --> 00:31:17,500
[Sobbing]
Yes.
432
00:31:17,570 --> 00:31:20,334
So he was on the train with you?
433
00:31:22,405 --> 00:31:24,464
I didn't remember.
434
00:31:28,373 --> 00:31:30,603
Did you look at him
when you asked him?
435
00:31:30,673 --> 00:31:34,666
I must have.
Did you smile?
436
00:31:34,741 --> 00:31:37,938
- Objection. Relevance?
- I'll allow it.
437
00:31:40,009 --> 00:31:42,671
I don't know.
438
00:31:43,743 --> 00:31:46,109
Don't you usually smile
when you ask someone for a favor?
439
00:31:46,177 --> 00:31:48,645
- Objection!
- Sustained.
440
00:31:50,244 --> 00:31:53,907
You looked at no one but my client.
You spoke to no one but my client.
441
00:31:53,978 --> 00:31:56,879
You singled him out, and you asked
him what time it was, yes or no?
442
00:32:00,014 --> 00:32:01,948
[Sobs]
443
00:32:06,282 --> 00:32:08,216
Yes!
444
00:32:10,183 --> 00:32:12,174
No further questions.
445
00:32:14,617 --> 00:32:18,451
When in doubt, blame the victim.
They're gonna need a lot more than that.
446
00:32:19,518 --> 00:32:21,952
It's an addendum to
the witness list. Who?
447
00:32:22,019 --> 00:32:24,010
Dr. Elizabeth Olivet.
448
00:32:26,353 --> 00:32:29,948
When you meet someone for the first
time, you make a series ofjudgments.
449
00:32:30,021 --> 00:32:35,391
You take into account their expressions, the tone of
their voice. How is it different for someone with A. S?
450
00:32:35,456 --> 00:32:38,653
They find it more difficult
to read social signals.
451
00:32:38,722 --> 00:32:42,214
So asking someone for the time
could be confused with a come-on.
452
00:32:42,290 --> 00:32:45,316
- Objection. Relevance.
- Sustained.
453
00:32:45,391 --> 00:32:48,554
How does A.S. Affect
sexual development?
454
00:32:48,625 --> 00:32:53,221
In the social aspect of sexual development, people
with Asperger's tend to lag behind their peers.
455
00:32:53,293 --> 00:32:57,662
- [Whitaker] Uh, can they ever catch up?
- Most people do if they receive proper care.
456
00:32:57,727 --> 00:33:00,787
In my opinion, Mr. Duvall did not.
457
00:33:00,861 --> 00:33:02,795
Can you elaborate on that?
458
00:33:02,862 --> 00:33:07,561
All pubescent boys experiment:
Touch themselves, masturbate.
459
00:33:07,629 --> 00:33:10,792
Gabriel wasn't allowed
to mature through this process.
460
00:33:10,864 --> 00:33:14,630
- [Whitaker] What stopped him?
- [Dr. Olivet] In order to keep him from touching himself in public,
461
00:33:14,698 --> 00:33:18,190
his nanny would
manually cause him to ejaculate.
462
00:33:18,265 --> 00:33:22,326
Under what circumstances
did Gabriel allow this to occur?
463
00:33:22,400 --> 00:33:25,233
- Objection. Hearsay.
- Overruled.
464
00:33:26,301 --> 00:33:30,237
He told me that his nanny would
"take care ofhim"in the bathtub,
465
00:33:30,302 --> 00:33:32,532
and then wash the tub
down with bleach.
466
00:33:32,602 --> 00:33:35,298
Are people with A.S.
Especially sensitive to odors?
467
00:33:35,369 --> 00:33:38,065
And tastes and sounds, yes.
468
00:33:38,137 --> 00:33:42,904
There's been testimony that Mr. Duvall's first
sexual experiences culminated in the smell of bleach.
469
00:33:42,971 --> 00:33:47,101
On the night in question, Miss Zergin was coming
home from work smelling of cleaning liquids.
470
00:33:47,172 --> 00:33:52,371
Doctor, can you state with a reasonable degree of psychiatric
certainty whether Mr. Duvall could have made a connection...
471
00:33:52,440 --> 00:33:56,035
between Miss Zergin and his first
sexual experiences with his nanny?
472
00:33:56,107 --> 00:33:57,540
It's possible.
473
00:34:00,175 --> 00:34:02,166
Thank you.
474
00:34:04,210 --> 00:34:08,112
There's no genetic marker for
A.S., is there? That's correct.
475
00:34:08,177 --> 00:34:12,807
No physiological evidence one can point to
that indicates someone has it? That's right.
476
00:34:12,878 --> 00:34:16,837
No blood test you could
run, no brain scan? No.
477
00:34:16,912 --> 00:34:20,075
Could a person fake the symptoms of A. S?
478
00:34:20,146 --> 00:34:23,343
I'd like to think
that I can tell the difference.
479
00:34:23,414 --> 00:34:27,942
Well, how do you tell the difference
between a man with a genuine disorder...
480
00:34:28,014 --> 00:34:31,142
- and a rapist looking for the perfect excuse?
- Objection.
481
00:34:31,216 --> 00:34:32,342
Sustained.
482
00:34:33,883 --> 00:34:35,817
Nothing further.
483
00:34:41,351 --> 00:34:43,285
[Whitaker]
I want you to take the stand.
484
00:34:43,352 --> 00:34:46,219
We can't always have what
we want, Mr. Whitaker.
485
00:34:46,285 --> 00:34:50,051
I understand your concerns, but we have
to think about what's best for Gabriel.
486
00:34:50,120 --> 00:34:52,486
You want me to say
that my son is crazy.
487
00:34:52,554 --> 00:34:56,320
Not crazy. Different.
488
00:34:56,388 --> 00:34:58,913
It's important that a jury hears
a mother's side of the story.
489
00:35:00,822 --> 00:35:04,690
Gabriel, dear, why don't you see if
Mrs. Judson can make you something?
490
00:35:04,756 --> 00:35:06,690
No, I think I'll stay.
491
00:35:08,325 --> 00:35:10,850
If I have to, Eleanor,
I'll subpoena you.
492
00:35:10,925 --> 00:35:13,792
You'll do no such thing.
What's more,
493
00:35:13,859 --> 00:35:17,659
I won't have you talking
some absurd defense strategy...
494
00:35:17,726 --> 00:35:21,992
in front of my son without my consent.
495
00:35:22,061 --> 00:35:25,724
- You're fired.
- I'm afraid you're not my client.
496
00:35:25,795 --> 00:35:30,391
- Gabriel, am I fired?
- No.
497
00:35:31,630 --> 00:35:36,033
- He doesn't decide what happens.
- He's my client. He decides everything.
498
00:35:40,999 --> 00:35:43,331
And he's still in the room.
499
00:35:44,399 --> 00:35:46,458
Stop talking around me.
500
00:35:58,836 --> 00:36:03,864
I repeat, I have been forced to be here
against my will. I'll ask the question again.
501
00:36:03,937 --> 00:36:07,498
When did you first notice
that your son was different?
502
00:36:07,571 --> 00:36:11,337
Well, I don't know what you mean.
All children are different.
503
00:36:11,405 --> 00:36:15,034
Isn't it a fact that Gabriel
has always had difficulties socially?
504
00:36:15,106 --> 00:36:19,236
Gabriel was and is a perfect son.
505
00:36:19,307 --> 00:36:22,071
I have nothing else to say.
506
00:36:22,141 --> 00:36:25,599
So you never saw any signs
of abnormal behavior?
507
00:36:26,676 --> 00:36:29,543
We're all built differently.
That's what makes us unique.
508
00:36:30,877 --> 00:36:33,573
Did you ever take Gabriel
to a specialist? Certainly.
509
00:36:33,644 --> 00:36:37,410
One said it was
marginal cerebral palsy,
510
00:36:37,478 --> 00:36:40,345
another thought
it might be motor issues.
511
00:36:40,412 --> 00:36:42,937
And now you say it's this.
[Scoffs]
512
00:36:43,013 --> 00:36:47,712
I mean, every few years, another German comes
along, and they name a new disorder for him.
513
00:36:47,780 --> 00:36:52,183
[Chuckles] My son is sensitive
and highly strung, nothing more.
514
00:36:52,249 --> 00:36:56,618
So you sought help, but when you didn't
hear what you wanted, you did nothing.
515
00:36:56,683 --> 00:37:01,518
Well, there was nothing to do.
My son is fine.
516
00:37:04,452 --> 00:37:06,386
Nothing further.
517
00:37:07,685 --> 00:37:10,483
Uh, no, no. You-
You listen to me now.
518
00:37:10,553 --> 00:37:14,546
When Gabriel was 10,
a boy pushed him down in the dirt...
519
00:37:14,621 --> 00:37:18,785
and stole a book
that belonged to Gabriel.
520
00:37:18,855 --> 00:37:21,847
Gabriel hit the boy
and broke his nose.
521
00:37:21,922 --> 00:37:26,552
When he came home, he was covered
with blood. He was so upset.
522
00:37:26,624 --> 00:37:31,926
He was all apologies, tears.
He's fragile.
523
00:37:31,992 --> 00:37:34,256
He hates violence.
524
00:37:34,325 --> 00:37:37,419
He couldn't possibly do the
things they say he's done. Hmm.
525
00:37:37,492 --> 00:37:39,483
Thank you, Mrs. Duvall.
526
00:37:42,060 --> 00:37:44,051
That's all.
527
00:37:50,229 --> 00:37:54,222
When Gabriel showed up bloodied on your
doorstep, you're saying he felt remorse?
528
00:37:54,296 --> 00:37:58,790
Yes. My son is a human being,
not a monster.
529
00:37:58,864 --> 00:38:02,027
He felt regret for his actions?
Oh, deeply.
530
00:38:02,099 --> 00:38:04,465
So he can tell the difference
between right and wrong?
531
00:38:04,533 --> 00:38:06,592
- Objection.
- Overruled.
532
00:38:06,666 --> 00:38:10,124
My son is not a person
who doesn't feel things.
533
00:38:10,200 --> 00:38:14,466
We taught him compassion. Did you also
teach him that it was okay to rape?
534
00:38:16,335 --> 00:38:19,304
Certainly not.
So when Gabriel raped Nina Zergin,
535
00:38:19,369 --> 00:38:23,931
he knew what he was doing
was wrong?
536
00:38:24,004 --> 00:38:28,065
No, you're twisting my words. Uh
- She's turning everything inside out.
537
00:38:28,138 --> 00:38:30,971
If you can, please answer the question.
538
00:38:31,038 --> 00:38:34,906
How can you expect me
to answer a question like that?
539
00:38:36,773 --> 00:38:41,267
My son did not rape that woman.
He did not rape anybody.
540
00:38:42,275 --> 00:38:45,108
My Gabriel is a good boy.
541
00:38:46,175 --> 00:38:49,474
Why won't anybody listen to me?
Yes or no, ma'am?
542
00:38:59,045 --> 00:39:01,036
Withdrawn.
543
00:39:08,281 --> 00:39:11,682
We all know that speeding
is against the law,
544
00:39:11,748 --> 00:39:16,549
but what do you do if you find
yourself driving without a speedometer?
545
00:39:16,615 --> 00:39:19,743
How do you know
when you're breaking the law?
546
00:39:20,816 --> 00:39:24,809
Gabriel Duvall is living his life
without a speedometer.
547
00:39:24,884 --> 00:39:27,409
He suffers from a form of autism
that hinders his ability...
548
00:39:27,485 --> 00:39:31,285
to see the difference
between right and wrong.
549
00:39:31,352 --> 00:39:37,291
He lacks the ability to appreciate the
nature and consequences of his conduct.
550
00:39:38,721 --> 00:39:44,125
Nina Zergin says she was raped.
Gabriel Duvall believes there was consent.
551
00:39:44,188 --> 00:39:48,124
How do you punish a man for a crime
he didn't know he was committing?
552
00:39:49,190 --> 00:39:52,182
By finding him not guilty
by reason of insanity.
553
00:40:01,526 --> 00:40:05,519
Gabriel Duvall thought
he picked the perfect victim.
554
00:40:05,594 --> 00:40:08,893
Nina Zergin is an immigrant.
She's here illegally.
555
00:40:08,961 --> 00:40:13,057
She works the night shift cleaning
bathrooms in an office building.
556
00:40:13,129 --> 00:40:16,826
An easy target-
She's an invisible woman.
557
00:40:17,897 --> 00:40:20,297
This city is filled with them.
558
00:40:21,364 --> 00:40:27,269
The defense attorney says that Mr. Duvall
raped Nina Zergin because he's insane.
559
00:40:27,332 --> 00:40:30,130
Well
- [Scoffs] If that's true,
560
00:40:30,199 --> 00:40:35,865
then why did Mr. Duvall travel
nine subway stops to find a victim?
561
00:40:35,935 --> 00:40:39,894
Because he knew
what he was doing was wrong.
562
00:40:40,969 --> 00:40:45,429
So he chose a victim
he thought no one would notice.
563
00:40:47,504 --> 00:40:52,567
Don't prove him right.
Thank you.
564
00:40:59,507 --> 00:41:02,999
Monday morning
quarterbacking?
565
00:41:03,074 --> 00:41:08,444
We know Gabriel did the rape, not to mention
the murder we never got a chance to try him for.
566
00:41:08,509 --> 00:41:12,036
He showed absolutely
no remorse.
567
00:41:12,109 --> 00:41:15,738
You don't have to convince me, Tracey.
I didn't sleep last night either.
568
00:41:15,810 --> 00:41:20,110
I have to remind myself that our
job is to try him, not to fix him.
569
00:41:20,178 --> 00:41:23,841
I just want this one to be over. So
you think the jury bought the diagnosis?
570
00:41:23,912 --> 00:41:27,609
Maybe. Doesn't mean
they buy his innocence.
571
00:41:30,180 --> 00:41:32,114
They're back.
572
00:41:45,184 --> 00:41:49,280
- Has the jury reached a verdict?
- [Woman] We have, Your Honor.
573
00:41:49,351 --> 00:41:52,514
[Judge Trillin] On the sole
count of rape, how do you find?
574
00:41:52,586 --> 00:41:55,350
We find the defendant guilty.
575
00:41:55,400 --> 00:41:59,950
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