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Narrator:
In the criminal justice system, the people are represented
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00:00:04,270 --> 00:00:06,761
by two separate yet
equally important groups...
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00:00:06,806 --> 00:00:08,671
the police
who investigate crime,
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00:00:08,708 --> 00:00:11,336
and the district attorneys
who prosecute the offenders.
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00:00:11,378 --> 00:00:13,346
These are their stories.
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(cash register rings)
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- See ya later, Ernie.
- Ernie: Catch you tomorrow.
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You don't even
give a damn, do you?
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00:00:23,423 --> 00:00:25,288
(sighs)
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Do you?
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00:00:28,628 --> 00:00:31,062
What do you want me
to do about it, huh, Maggie?
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00:00:31,097 --> 00:00:33,657
Like I got a lot of control
over your life.
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I'm not going back there.
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00:00:37,170 --> 00:00:39,229
Where are you
gonna go, huh?
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00:00:39,272 --> 00:00:41,331
Aw...
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00:00:41,374 --> 00:00:43,171
thanks for the invitation.
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00:00:43,209 --> 00:00:46,042
Look, you just can't start
floppin' all over the place.
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00:00:46,079 --> 00:00:48,206
That's not what I'm talking about!
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00:00:48,248 --> 00:00:51,684
Let's just get out of here and we'll
figure something out, all right?
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00:00:51,718 --> 00:00:55,654
Oh, so you can just
dump me on the street?
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00:00:57,223 --> 00:00:58,952
Maggie,
would you just...
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- Or maybe I'll just
go away and die, huh? - Maggie...
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How about I do
everybody else a favor and blow it off right here?
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00:01:10,670 --> 00:01:13,298
- Or maybe I'll just do
everybody else! - Man: Look out!
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00:01:13,339 --> 00:01:15,671
Maggie...
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give me the gun.
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Why?
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Fine...
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do whatever
the hell you want.
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- No, don't you go!
- Man: Look out.
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(police radio chatter)
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Why'd your girlfriend
try to kill you, Danny?
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00:01:46,773 --> 00:01:48,638
She wasn't tryin'
to kill me, man.
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The gun just went off.
It was an accident.
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You were arguing.
Nine people saw her shoot at you.
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00:01:53,246 --> 00:01:55,441
She was drunk, man.
She didn't...
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Hey, hey... her eyeballs are
going through the ceiling... that ain't drunk.
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Danny, unlicensed gun...
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criminal possession
three or four.
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Felony or misdemeanor?
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00:02:06,693 --> 00:02:09,355
- Maybe she took a little meth.
- What's a little?
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I don't know...
five or six hits?
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Your treat?
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No, man, I don't know
where she could've got it.
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Cerreta:
This better be the truth.
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Boyfriend said she did
six hits of meth.
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Only ID we found.
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Corson, Maggie.
Issued at Haven House.
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00:02:36,723 --> 00:02:39,385
Catholic drug
rehab center.
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00:02:41,427 --> 00:02:44,590
Maggie. Maggie.
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00:02:44,631 --> 00:02:46,565
(police siren blaring)
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I got nowhere to go.
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(theme music plays)
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Look, this is ridiculous.
She's 16. She was stoned.
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If you want to arrest somebody,
arrest the creep she was with.
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That's already been done.
Now, listen, as for Maggie...
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00:04:22,495 --> 00:04:24,588
accident or not,
she still has to be arraigned.
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00:04:24,631 --> 00:04:25,757
After that I can take her back
to Haven House?
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00:04:25,798 --> 00:04:28,596
That's up
to the judge.
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It was a relapse...
it happens.
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00:04:30,870 --> 00:04:33,703
She is an addict... she's making
a difficult transition.
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00:04:33,740 --> 00:04:37,972
No one is doubting you...
you're telling the wrong people. She's got to be arraigned.
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Great!
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00:04:41,848 --> 00:04:45,784
- Are you really a...
- A nun? Yes, Detective, I am.
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So I guess I would
call you "Sister."
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Call me
whatever you want.
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00:04:50,890 --> 00:04:53,757
Sister, has somebody
called Maggie's parents?
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00:04:53,793 --> 00:04:56,785
She ran away
from home three years ago... I doubt she's homesick.
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00:04:56,829 --> 00:04:59,992
Anyway, she's been
in our custody for a year.
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She's our responsibility.
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I thought nuns had curfews.
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That went out
with the penguin suit.
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00:05:11,811 --> 00:05:14,041
Maggie,
when you're arraigned,
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00:05:14,080 --> 00:05:16,173
you'll either be placed
in a juvenile ward
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or back at Haven House.
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Now, chances are,
you'll get a compassionate judge
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and you can go back
to the house.
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Maggie?
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00:05:24,891 --> 00:05:27,758
Get her out of here!
I don't want her near me.
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00:05:27,794 --> 00:05:31,730
- Maggie...
- Please! Get her out!
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00:05:36,102 --> 00:05:38,002
Let's go have a talk.
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00:05:42,108 --> 00:05:45,271
Maggie,
what's the problem?
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00:05:47,680 --> 00:05:49,910
It doesn't have
to leave this room.
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00:05:59,359 --> 00:06:01,259
Maggie...
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Last night,
we were in the shower...
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You and who?
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Sister Bettina?
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00:06:19,879 --> 00:06:22,211
All right, why were
you in the shower?
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00:06:25,651 --> 00:06:28,620
I was sick and...
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00:06:28,654 --> 00:06:31,714
she said I'd feel better
if I had a hot shower.
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00:06:32,725 --> 00:06:35,888
Mm-hmm. Okay.
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00:06:35,928 --> 00:06:38,055
And what happened then?
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00:06:43,202 --> 00:06:46,399
She...
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00:06:46,439 --> 00:06:48,839
she had
her hands on me.
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(sobbing)
She put her hands all over me.
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00:07:01,888 --> 00:07:04,948
Okay, okay, all right.
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00:07:08,294 --> 00:07:09,989
Cerreta:
It didn't come easy,
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but she gave me
the whole play-by-play...
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00:07:11,998 --> 00:07:14,899
the what, where, how...
everything that Sister Bettina did to her.
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00:07:14,934 --> 00:07:16,595
You ask
the nun about it?
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00:07:16,636 --> 00:07:18,160
We didn't give her the specifics,
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00:07:18,204 --> 00:07:21,537
but as far as Maggie
being flipped out... she says she doesn't know why.
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00:07:21,574 --> 00:07:23,872
You think
this girl is credible?
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00:07:23,910 --> 00:07:26,310
Well, she seemed really
frightened about going back there.
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00:07:26,345 --> 00:07:28,438
Hey, man,
she's a meth head.
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00:07:28,481 --> 00:07:31,416
This could be a fabrication...
could be she wanted to be kicked out.
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00:07:31,451 --> 00:07:34,386
But if she wants out,
there are better ways than a molest charge.
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00:07:34,420 --> 00:07:37,480
She's young, she's speeding...
who says she needs easy choices?
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Meaning?
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Come on, this is
the first time we've seen
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a false accusation
on a molest and a rape charge?
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00:07:43,763 --> 00:07:46,163
Yeah, but there's
also the other side, Mike.
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00:07:46,199 --> 00:07:49,396
- Where is the girl now?
- Manhattan Psychiatric.
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00:07:49,435 --> 00:07:52,427
The DA dropped her to criminal
possession four on the gun charge.
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00:07:52,472 --> 00:07:54,599
Has she talked to anyone else
about the molest?
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Only her roommate. We have a call in
to the Executive Director of Haven House.
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Let's see if we can't dodge
the inevitable uproar on this one, okay?
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00:08:06,953 --> 00:08:11,083
Yesterday evening was
the first I heard about this.
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00:08:11,123 --> 00:08:13,216
Maggie's roommate,
Maria Barragan,
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00:08:13,259 --> 00:08:15,124
brought it
to my attention.
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00:08:15,161 --> 00:08:19,154
I sent for Maggie,
but she'd already disappeared.
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00:08:19,198 --> 00:08:21,564
Did you have a chance
to speak to Sister Bettina?
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00:08:21,601 --> 00:08:23,967
This morning, after she got back
from the hospital.
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She's pretty stunned.
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00:08:26,038 --> 00:08:27,938
What's your take on this?
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00:08:27,974 --> 00:08:30,943
I wish I had one.
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00:08:30,977 --> 00:08:34,105
Maggie Corson
can be quite...
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00:08:34,146 --> 00:08:36,706
Lacking in
the credibility department?
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00:08:36,749 --> 00:08:41,083
Look, all these kids
have been on the street.
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00:08:41,120 --> 00:08:44,248
Survival became a lot more
important than honesty
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00:08:44,290 --> 00:08:46,019
some time ago
for most of them.
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00:08:46,058 --> 00:08:50,017
So your first instinct on this
would be that Maggie's lying?
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00:08:51,130 --> 00:08:53,758
If Maria hadn't seen them,
I would have to say
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00:08:53,799 --> 00:08:57,166
it sounds incredible...
given Sister Bettina's reputation.
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00:08:57,203 --> 00:09:00,604
Wait a minute.
Maria is the roommate.
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00:09:00,640 --> 00:09:04,041
She saw Sister Bettina
and Maggie together?
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00:09:05,778 --> 00:09:08,406
She said she saw them
in the shower.
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00:09:12,652 --> 00:09:16,088
I guess it was around 1:00...
Maggie puked all over herself.
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00:09:16,122 --> 00:09:18,682
Sister B showed up
and took her to the can.
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00:09:18,724 --> 00:09:20,624
Mm-hmm.
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00:09:20,660 --> 00:09:24,426
- Did you follow them?
- No, I just waited, but Maggie wasn't coming back.
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00:09:24,463 --> 00:09:26,761
I got worried,
so I went looking.
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00:09:26,799 --> 00:09:29,199
I heard the water
running in the shower,
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00:09:29,235 --> 00:09:33,001
and I saw Sister B
touching and kissing Maggie.
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00:09:33,039 --> 00:09:35,166
Now, where...
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00:09:37,009 --> 00:09:39,239
where exactly
did she kiss her?
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00:09:39,278 --> 00:09:41,803
On her face
and her shoulder.
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00:09:41,847 --> 00:09:44,907
- Was Maggie dressed or undressed?
- Undressed.
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00:09:44,951 --> 00:09:48,512
- And Sister Bettina?
- She had on this blue bathrobe.
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00:09:48,554 --> 00:09:50,749
You see
anything else? No.
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00:09:50,790 --> 00:09:53,315
I went back to my room.
I pretended I was asleep.
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00:09:53,359 --> 00:09:56,385
And Maggie came back
by herself... she was crying.
153
00:09:56,429 --> 00:09:59,023
She said Sister B
messed with her.
154
00:09:59,065 --> 00:10:01,260
What exactly
did she say?
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00:10:01,300 --> 00:10:06,738
She said Sister B
put her fingers, you know...
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00:10:06,772 --> 00:10:09,639
She was wigged out.
She didn't want me to tell anybody.
157
00:10:09,675 --> 00:10:11,302
But you told Mr. Powell.
158
00:10:11,344 --> 00:10:13,039
Sister B's a freak...
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00:10:13,079 --> 00:10:14,876
she shouldn't be
pulling that crap.
160
00:10:14,914 --> 00:10:16,541
Maria, let's get specific.
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00:10:16,582 --> 00:10:18,880
You said you got worried
when Sister Bettina
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00:10:18,918 --> 00:10:22,012
took Maggie to the bathroom.
Why was that?
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She'd come on to me before.
164
00:10:26,459 --> 00:10:29,428
She put her hand
on my leg... you know.
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00:10:29,462 --> 00:10:31,453
And she said
she loved me.
166
00:10:31,497 --> 00:10:33,624
She was always
saying she loves me.
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00:10:36,402 --> 00:10:39,030
That's what I mean...
she's a freak.
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00:10:45,378 --> 00:10:48,142
Obviously
Maria's mixed up.
169
00:10:48,180 --> 00:10:51,479
She says she's pretty sure
of what she saw.
170
00:10:51,517 --> 00:10:54,350
Maria practically grew up
on Times Square.
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00:10:54,387 --> 00:10:57,083
There, somebody touches you,
it only means one thing.
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00:10:57,123 --> 00:11:00,058
She's been with us
for only three months.
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00:11:00,092 --> 00:11:03,858
She hasn't had time to...
rearrange her thinking.
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00:11:03,896 --> 00:11:07,457
This "hugs, not drugs"...
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00:11:07,500 --> 00:11:09,297
do you take that literally?
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00:11:09,335 --> 00:11:11,701
Do you have any physical
interaction with these girls?
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00:11:11,737 --> 00:11:14,763
It's just
a figure of speech.
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00:11:14,807 --> 00:11:16,672
And you'd
be surprised how far
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the proper amount of affection
will go with these kids.
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00:11:19,912 --> 00:11:24,110
Maria may have her signals crossed,
but that still leaves Maggie.
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00:11:24,150 --> 00:11:27,051
That one,
I can't figure out.
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00:11:27,086 --> 00:11:29,281
I always got along well
with Maggie.
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00:11:29,321 --> 00:11:31,152
I don't know
what happened.
184
00:11:31,190 --> 00:11:33,283
Maybe she's working
something out,
185
00:11:33,325 --> 00:11:36,294
maybe she thinks
that I let her down.
186
00:11:36,328 --> 00:11:39,559
But you don't deny
being in the shower with her that night?
187
00:11:40,800 --> 00:11:44,827
She had stomach flu, and she'd
thrown up all over herself and I helped her wash up.
188
00:11:44,870 --> 00:11:47,361
With a shower
at 1:00 in the morning?
189
00:11:47,406 --> 00:11:50,603
A sponge bath
would be less suspicious?
190
00:11:51,610 --> 00:11:54,374
Logan:
I may be wrong... I just don't think she did it.
191
00:11:54,413 --> 00:11:56,779
You think clergy can't
trip over their vows?
192
00:11:56,816 --> 00:11:59,046
It happens... I read the same
news reports you do.
193
00:11:59,085 --> 00:12:01,178
I just don't think
this is one of those cases.
194
00:12:01,220 --> 00:12:04,246
- (car horn blares)
- You gotta admit, Phil...
195
00:12:04,290 --> 00:12:06,258
it's not
the usual profile.
196
00:12:06,292 --> 00:12:09,989
Just because it's female on female
and it's rare doesn't mean it doesn't happen.
197
00:12:10,029 --> 00:12:13,430
Yeah, I know...
"Anybody's capable of anything."
198
00:12:13,466 --> 00:12:15,297
That's rule number one.
199
00:12:15,334 --> 00:12:17,734
Look, I'm just sayin' this...
200
00:12:17,770 --> 00:12:19,738
if I was to take odds on this...
201
00:12:19,772 --> 00:12:21,467
An ex-altar boy, wagering?
202
00:12:21,507 --> 00:12:24,908
I confess... we used to lift
the wine once in a while.
203
00:12:24,944 --> 00:12:26,912
Not us...
204
00:12:26,946 --> 00:12:29,813
wafers, unblessed.
205
00:12:30,983 --> 00:12:32,848
(laughs)
206
00:12:35,421 --> 00:12:39,152
- Have you ever been
afraid of Sister Bettina? - Afraid? No.
207
00:12:40,226 --> 00:12:42,091
Before the night
in the shower,
208
00:12:42,128 --> 00:12:45,689
did you ever feel she was interested
in you in a sexual way?
209
00:12:45,731 --> 00:12:47,528
No.
210
00:12:47,566 --> 00:12:50,000
I thought she was
just being nice to me.
211
00:12:51,337 --> 00:12:54,795
But...?
I guess I didn't pick up on it.
212
00:12:54,840 --> 00:12:57,365
I thought
she was different.
213
00:12:57,409 --> 00:13:00,105
- Different than...?
- Everybody.
214
00:13:01,380 --> 00:13:03,439
Everybody
who uses you.
215
00:13:08,387 --> 00:13:10,685
The night that Sister Bettina
touched you
216
00:13:10,723 --> 00:13:13,317
you were very sick, weren't you?
You had the flu.
217
00:13:13,359 --> 00:13:15,293
Uh-huh.
218
00:13:15,327 --> 00:13:17,818
Did you have
any bad dreams?
219
00:13:19,498 --> 00:13:22,296
Are you saying maybe
I hallucinated the whole thing?
220
00:13:22,334 --> 00:13:24,700
I know
what she did to me.
221
00:13:24,737 --> 00:13:26,602
I know how
she made me feel.
222
00:13:26,639 --> 00:13:28,664
And how is that?
223
00:13:31,043 --> 00:13:34,069
When things happen
to you on the street, you expect it, you know?
224
00:13:34,113 --> 00:13:36,741
But if it happens
to you at Haven House...?
225
00:13:36,782 --> 00:13:39,114
I was supposed
to be safe there.
226
00:13:41,353 --> 00:13:43,651
I really trusted her,
you know?
227
00:13:45,658 --> 00:13:47,649
I know she did it.
228
00:13:48,661 --> 00:13:50,856
I know how it feels.
229
00:13:50,896 --> 00:13:53,660
Why, has it happened
to you before?
230
00:14:04,143 --> 00:14:06,771
For three and a half years...
231
00:14:08,347 --> 00:14:10,679
sometimes twice a week.
232
00:14:12,785 --> 00:14:15,447
I was eight
when it started.
233
00:14:20,726 --> 00:14:23,627
My mother
never believed me.
234
00:14:25,331 --> 00:14:28,892
"No husband of mine
would ever do that," she said.
235
00:14:28,934 --> 00:14:31,061
"He loves you.
236
00:14:33,005 --> 00:14:35,337
He's your stepfather."
237
00:14:42,047 --> 00:14:45,778
Olivet:
It's not about sex... it's about trust and betrayal.
238
00:14:45,818 --> 00:14:47,786
She was betrayed
by her stepfather,
239
00:14:47,820 --> 00:14:51,449
and then she was betrayed
one step further by a mother who refused to hear her.
240
00:14:51,490 --> 00:14:55,221
So Sister Bettina is what...
a kind of surrogate mother?
241
00:14:55,261 --> 00:14:57,161
Maggie was
trying to rebuild.
242
00:14:57,196 --> 00:14:59,858
Sister Bettina had become
a figure she was starting to trust.
243
00:14:59,899 --> 00:15:01,730
This thing blew apart
her whole world.
244
00:15:01,767 --> 00:15:04,736
So you don't think this story
could have been rehearsed?
245
00:15:04,770 --> 00:15:06,931
I think this girl
was blindsided
246
00:15:06,972 --> 00:15:09,440
by someone she never even
perceived as a threat...
247
00:15:09,475 --> 00:15:12,535
either emotionally
or gender-wise.
248
00:15:12,578 --> 00:15:14,876
There's a lot of pain there.
249
00:15:14,914 --> 00:15:16,973
I don't think it's an act.
250
00:15:17,016 --> 00:15:19,883
Great,
so we move on a nun.
251
00:15:21,086 --> 00:15:23,054
I'll get a warrant.
252
00:15:28,027 --> 00:15:31,224
Does Sister Bettina have
anything else in storage in the building?
253
00:15:31,263 --> 00:15:33,697
Aside from her office, no.
254
00:15:35,167 --> 00:15:39,331
I keep thinkin' I'm gonna get
struck by lightning doing this.
255
00:15:39,371 --> 00:15:41,532
Sister:
She should be allowed to be here.
256
00:15:41,573 --> 00:15:44,133
I don't know why she's
been treated like a criminal.
257
00:15:44,176 --> 00:15:46,838
I'm sure she understands
these men are just doing their job.
258
00:15:46,879 --> 00:15:50,315
Sister Bettina has
always been above reproach.
259
00:15:50,349 --> 00:15:53,716
What exactly
are you guys looking for?
260
00:15:53,752 --> 00:15:56,915
Well, a lot of people
in molestation cases,
261
00:15:56,956 --> 00:15:58,685
they keep diaries,
262
00:15:58,724 --> 00:16:00,851
they might have photographs,
you never know.
263
00:16:00,893 --> 00:16:04,590
Sometimes they save something
from the encounter as sort of a souvenir.
264
00:16:10,369 --> 00:16:12,963
- Phil...
- (zipper closes)
265
00:16:16,442 --> 00:16:18,706
"M. Corson."
266
00:16:20,546 --> 00:16:22,173
Vomit?
267
00:16:22,214 --> 00:16:24,444
Cerreta:
She said she was sick that night.
268
00:16:27,286 --> 00:16:29,220
Matching set.
269
00:16:31,490 --> 00:16:34,015
We showed
Maggie these garments.
270
00:16:34,059 --> 00:16:37,085
She identified them as the ones
she was wearing last Monday night.
271
00:16:37,129 --> 00:16:39,757
Sister Bettina may have kept them
as an encounter trophy.
272
00:16:39,798 --> 00:16:42,733
Or she simply
intended to get them washed.
273
00:16:42,768 --> 00:16:45,293
There's a laundry hamper
in the shower room...
274
00:16:45,337 --> 00:16:47,430
she could've just as well
have left them there.
275
00:16:47,473 --> 00:16:50,135
Whatever you want to read into it...
it's subjective evidence.
276
00:16:50,175 --> 00:16:52,803
It's still a nun's word against
the say-so of two street kids.
277
00:16:52,845 --> 00:16:55,678
What, too bad they're
not seniors at Riverdale?
278
00:16:58,150 --> 00:17:01,642
What about this Sister Bettina...
anything there?
279
00:17:02,888 --> 00:17:05,686
She grew up in...
280
00:17:05,724 --> 00:17:08,818
Hollis. Joined a convent
at age 20.
281
00:17:08,861 --> 00:17:10,886
She's been at Haven House
for eight years.
282
00:17:10,929 --> 00:17:13,454
Eight years supervising
teenage girls?
283
00:17:13,499 --> 00:17:15,967
If she does have
a predilection,
284
00:17:16,001 --> 00:17:18,435
this might not be
her first time.
285
00:17:19,772 --> 00:17:21,865
Powell:
I never heard a complaint about her.
286
00:17:21,907 --> 00:17:23,670
Never heard
a rumor either.
287
00:17:23,709 --> 00:17:26,769
- You've worked
with her for how long? - I've been here six years.
288
00:17:26,812 --> 00:17:28,677
Anybody ever complain
to the archdiocese?
289
00:17:28,714 --> 00:17:31,649
Had that happened, I know
I would have heard about it.
290
00:17:31,683 --> 00:17:33,981
You're not the clergy.
291
00:17:34,019 --> 00:17:35,953
But 70% of our funds
come from the church.
292
00:17:35,988 --> 00:17:37,785
Wait a minute...
293
00:17:37,823 --> 00:17:40,917
that should give them more incentive to
bury a thing like this.
294
00:17:40,959 --> 00:17:43,154
Not for Bettina.
Why not?
295
00:17:43,195 --> 00:17:47,825
Sister Bettina aligns herself
with what the church calls "non-traditional nuns"...
296
00:17:47,866 --> 00:17:50,801
outfits like the Women's
Ordination Movement...
297
00:17:50,836 --> 00:17:53,532
women as priests,
birth control...
298
00:17:53,572 --> 00:17:57,338
if the church had had a reason
to get rid of her, I'm sure they would have done it.
299
00:17:57,376 --> 00:18:01,574
How about on the outside?
You know anything about her private life?
300
00:18:03,148 --> 00:18:05,082
No, I have no idea.
301
00:18:05,117 --> 00:18:08,211
You ever meet
any of her friends?
302
00:18:08,253 --> 00:18:10,847
Well, at fundraisers.
303
00:18:11,990 --> 00:18:14,458
There was a woman...
304
00:18:14,493 --> 00:18:16,825
Anne Houston.
305
00:18:16,862 --> 00:18:19,456
She used to work
at the Queens Family Shelter.
306
00:18:19,498 --> 00:18:23,127
I think they still talk like...
every other day.
307
00:18:24,136 --> 00:18:26,263
You ever read
"Catcher in the Rye"?
308
00:18:26,305 --> 00:18:28,796
Save the children...
that's Tina.
309
00:18:28,841 --> 00:18:32,072
Have you ever heard any gossip
or complaints about her?
310
00:18:32,111 --> 00:18:36,047
You mean, why would a normal woman
choose to live in a community of nuns?
311
00:18:36,081 --> 00:18:39,107
Listen, we've talked
about her vows.
312
00:18:39,151 --> 00:18:41,016
We've talked about sex.
313
00:18:41,053 --> 00:18:44,454
Tina always said she redirects
her energy into her work.
314
00:18:44,490 --> 00:18:47,118
Logan:
Did she get along with the kids?
315
00:18:47,159 --> 00:18:49,320
Did you ever see
any misunderstandings?
316
00:18:49,361 --> 00:18:51,886
You know, maybe
an incident of some kind?
317
00:18:51,930 --> 00:18:55,024
Look, she ran day care
for three years.
318
00:18:55,067 --> 00:18:56,728
Everybody loved her.
319
00:18:56,768 --> 00:18:59,669
You want testimonials? There'll be
a line wrapped around this block.
320
00:18:59,705 --> 00:19:01,570
Everybody knows
these charges are crap.
321
00:19:01,607 --> 00:19:03,074
Then why
did she leave?
322
00:19:03,108 --> 00:19:06,009
She was on loan from the church,
and they found out
323
00:19:06,044 --> 00:19:09,775
that the shelter was providing
birth control counseling, so they yanked her.
324
00:19:09,815 --> 00:19:13,216
You have any idea
why this girl would accuse her?
325
00:19:13,252 --> 00:19:15,413
What difference
does it make?
326
00:19:15,454 --> 00:19:19,550
She's been accused, labeled.
How's she gonna shake that?
327
00:19:20,959 --> 00:19:24,486
Olivet's report,
the clothes, the eyewitness...
328
00:19:24,530 --> 00:19:26,964
most of it seems
to support Maggie's story.
329
00:19:26,999 --> 00:19:29,559
Except for the fact
that Sister Bettina
330
00:19:29,601 --> 00:19:33,162
practically walks on water,
according to all her friends.
331
00:19:35,007 --> 00:19:37,237
I'm waitin' for ideas.
332
00:19:38,644 --> 00:19:41,306
We've got to get off the dime
one way or the other.
333
00:19:41,346 --> 00:19:43,143
The archdiocese
wants it dropped.
334
00:19:43,182 --> 00:19:45,116
They both seem
to be telling the truth.
335
00:19:45,150 --> 00:19:47,846
Fellas, there are
no tiebreakers.
336
00:19:47,886 --> 00:19:49,945
If we're not sure
she did it, we kick her.
337
00:19:49,988 --> 00:19:52,923
Sister Bettina offered
to take a polygraph.
338
00:19:52,958 --> 00:19:56,359
It's not admissible,
but at least we'll know if we're on the right track.
339
00:19:59,631 --> 00:20:02,498
- Man: Are you 34 years old?
- Bettina: Yes.
340
00:20:04,670 --> 00:20:07,901
- Is your father's name Michael?
- Yes.
341
00:20:09,474 --> 00:20:12,739
Were you in Maggie Corson's room
the night of February 9th?
342
00:20:12,778 --> 00:20:14,643
Yes.
343
00:20:16,281 --> 00:20:20,308
- Did she have a stomach flu?
- Yes.
344
00:20:21,520 --> 00:20:24,421
Did you sexually molest
Maggie Corson on that night?
345
00:20:24,456 --> 00:20:26,447
No.
346
00:20:28,260 --> 00:20:31,525
Did you kiss Maggie Corson
on that night?
347
00:20:31,563 --> 00:20:33,690
No.
348
00:20:33,732 --> 00:20:38,101
Did you tell the police
the truth about the events on the night of February 9th?
349
00:20:38,136 --> 00:20:40,036
Yes.
350
00:20:41,740 --> 00:20:43,537
Are you telling
the truth now?
351
00:20:43,575 --> 00:20:45,406
Yes.
352
00:20:51,350 --> 00:20:54,842
She passed on direct questions
about the molestation,
353
00:20:54,886 --> 00:20:58,185
but her answers on the details
registered as false...
354
00:20:58,223 --> 00:21:00,885
questions like whether or not
the girl had a stomach flu.
355
00:21:00,926 --> 00:21:02,894
She could have
just been nervous.
356
00:21:02,928 --> 00:21:06,887
She also failed the question
of whether or not she was telling the truth.
357
00:21:06,932 --> 00:21:10,026
On the whole, the results
classify as "deceptive."
358
00:21:10,068 --> 00:21:12,696
Or inconclusive,
depending upon your mindset.
359
00:21:12,738 --> 00:21:14,797
Either way,
she's hiding something.
360
00:21:14,840 --> 00:21:16,467
Reason enough
to charge her.
361
00:21:16,508 --> 00:21:18,738
Polygraph tests are
inadmissible...
362
00:21:18,777 --> 00:21:21,678
you gonna sell this
to the grand jury and then not use it?
363
00:21:21,713 --> 00:21:24,705
We have a victim's complaint,
eyewitness, opportunity...
364
00:21:24,750 --> 00:21:26,513
I don't foresee a problem.
365
00:21:26,551 --> 00:21:28,746
I would like to see she has
a chance to surrender.
366
00:21:28,787 --> 00:21:32,154
- We'll call her.
- I want her R.O.R.
367
00:21:32,190 --> 00:21:35,523
We sure we want to be perceived
as giving her preferential treatment?
368
00:21:36,862 --> 00:21:40,059
For all intents and purposes,
Sister Bettina's indigent.
369
00:21:40,098 --> 00:21:42,362
You see her
as a flight risk? I don't.
370
00:21:45,704 --> 00:21:47,797
(church bells tolling)
371
00:21:53,512 --> 00:21:55,673
This is my lawyer,
Francine Hughes.
372
00:21:55,714 --> 00:21:57,579
From the archdiocese?
373
00:21:57,616 --> 00:21:59,584
Oh no, she's just
an old friend.
374
00:21:59,618 --> 00:22:01,245
May I see the warrant?
375
00:22:03,822 --> 00:22:07,258
My client declines
to answer any questions.
376
00:22:07,292 --> 00:22:09,089
Fine.
377
00:22:10,095 --> 00:22:13,929
- It's a beautiful morning,
isn't it? - Yeah.
378
00:22:21,239 --> 00:22:24,640
Francine explained the results
of the lie detector test.
379
00:22:24,676 --> 00:22:27,611
I'm sure she also told you
that polygraph results
380
00:22:27,646 --> 00:22:29,273
are non-admissible as evidence?
381
00:22:29,314 --> 00:22:31,839
Yes, and if it were up to me,
I wouldn't be here today,
382
00:22:31,883 --> 00:22:34,647
but Francine insisted
that I tell you what happened.
383
00:22:34,686 --> 00:22:38,087
That night, Monday,
384
00:22:38,123 --> 00:22:41,991
Maggie didn't have the flu...
she was drunk.
385
00:22:42,027 --> 00:22:45,622
When I found her,
she could hardly stand up. She was covered in vomit.
386
00:22:45,664 --> 00:22:48,428
I helped her wash up
and then I put her to bed.
387
00:22:48,467 --> 00:22:50,458
And then I hid
her clothes in my room.
388
00:22:50,502 --> 00:22:53,767
I didn't want anyone to know
she'd been drinking.
389
00:22:55,040 --> 00:22:57,702
That's not the first time
she's drunk at the house.
390
00:22:57,743 --> 00:23:00,007
No, she'd been caught
twice before.
391
00:23:00,045 --> 00:23:03,537
She came to us by a special
dispensation of the court...
392
00:23:03,582 --> 00:23:06,710
a third report of drinking
and they'd pull her out.
393
00:23:06,752 --> 00:23:09,619
You'd protect her even
at the risk of going to jail?
394
00:23:09,654 --> 00:23:11,815
If Maggie were thrown out,
395
00:23:11,857 --> 00:23:15,122
she'd be lost...
sooner or later she'd end up back on the streets.
396
00:23:15,160 --> 00:23:17,594
Do you have any idea what
her life expectancy would be?
397
00:23:17,629 --> 00:23:21,156
Do you know how many
street kids die from AIDS or drugs?
398
00:23:21,199 --> 00:23:23,190
How many
are beaten, raped?
399
00:23:23,235 --> 00:23:26,796
We can't take it
on faith that Maggie was drunk... we need corroboration.
400
00:23:26,838 --> 00:23:29,272
My client is ready
to take another polygraph.
401
00:23:29,307 --> 00:23:32,208
We need more than that.
402
00:23:33,412 --> 00:23:36,779
She's lying... I can't believe
you're buying into it.
403
00:23:39,918 --> 00:23:43,285
We ran tests on the clothes
you threw up on.
404
00:23:43,321 --> 00:23:45,619
We know how much
you drank that night.
405
00:23:48,560 --> 00:23:50,460
Now, listen, to me...
406
00:23:51,797 --> 00:23:55,164
you lie in court,
that's perjury.
407
00:23:56,835 --> 00:23:59,963
So I was drunk, big deal.
408
00:24:00,005 --> 00:24:01,973
She still
messed with me.
409
00:24:02,007 --> 00:24:04,669
You had a lot
to drink, Maggie.
410
00:24:04,709 --> 00:24:06,574
How much do you
really remember?
411
00:24:08,680 --> 00:24:11,410
I know that she took me
into the shower.
412
00:24:12,417 --> 00:24:14,078
I know that!
413
00:24:15,287 --> 00:24:17,312
What else
are you sure of?
414
00:24:23,228 --> 00:24:25,025
I don't know.
415
00:24:25,063 --> 00:24:28,362
I was in the shower...
416
00:24:34,506 --> 00:24:36,940
I can't remember.
417
00:24:36,975 --> 00:24:39,170
What do you mean,
you can't remember?
418
00:24:43,048 --> 00:24:46,176
I guess I passed out.
419
00:24:46,218 --> 00:24:49,813
What you told the police...
did you make that up?
420
00:24:49,855 --> 00:24:51,652
It happened!
421
00:24:52,724 --> 00:24:54,954
Maria saw it...
422
00:24:54,993 --> 00:24:58,224
and she told me.
She told me everything.
423
00:24:58,263 --> 00:25:00,731
She saw it.
424
00:25:05,303 --> 00:25:08,500
Maybe it was the morning after
when she told me what Sister B did to her.
425
00:25:08,540 --> 00:25:10,474
She blacked out...
she doesn't remember.
426
00:25:10,509 --> 00:25:14,138
And you told police that Maggie
described in graphic detail
427
00:25:14,179 --> 00:25:15,510
what Sister Bettina did to her.
428
00:25:15,547 --> 00:25:17,606
I saw them
in the shower, okay?
429
00:25:17,649 --> 00:25:19,446
I saw what was going on.
430
00:25:19,484 --> 00:25:21,679
But you lied...
Maggie didn't tell you anything.
431
00:25:21,720 --> 00:25:25,486
And now it's only your word that anything
happened at all, isn't that right?
432
00:25:28,660 --> 00:25:31,220
Maria, are you happy
at Haven House?
433
00:25:31,263 --> 00:25:33,322
Do you want to go back
out on the street?
434
00:25:34,466 --> 00:25:37,196
Then I don't understand why
you'd make up a story like this.
435
00:25:37,235 --> 00:25:39,863
What do you mean?
436
00:25:39,905 --> 00:25:42,533
If they believe this story...
437
00:25:42,574 --> 00:25:46,169
if people think that girls are
being molested at Haven House...
438
00:25:46,211 --> 00:25:49,044
what do you think that does
to the reputation of the house?
439
00:25:49,080 --> 00:25:51,514
But it was only Sister B.
440
00:25:51,550 --> 00:25:53,780
In the public mind,
they're the same.
441
00:25:53,818 --> 00:25:55,786
They'll withdraw their support.
442
00:25:55,820 --> 00:25:59,381
And without funds, Haven House closes...
and where do you think you'll be?
443
00:25:59,424 --> 00:26:01,722
That's not true...
you're just trying to scare me.
444
00:26:01,760 --> 00:26:04,888
Maria, did you see
445
00:26:04,930 --> 00:26:07,728
Sister Bettina molest Maggie?
446
00:26:14,272 --> 00:26:17,241
I don't want
to hurt anybody else.
447
00:26:17,275 --> 00:26:19,402
I just wanted them
to get rid of her.
448
00:26:19,444 --> 00:26:21,878
Why?
What did she do to you?
449
00:26:21,913 --> 00:26:24,575
She knew.
450
00:26:24,616 --> 00:26:27,244
She asked me about it.
He'd think I told.
451
00:26:27,285 --> 00:26:29,446
Told what?
452
00:26:31,856 --> 00:26:34,450
Mr. Powell...
453
00:26:34,492 --> 00:26:37,052
me and him.
454
00:26:44,436 --> 00:26:46,301
Powell initiated
the relationship
455
00:26:46,338 --> 00:26:48,636
one month after Maria
arrived at Haven House.
456
00:26:48,673 --> 00:26:51,665
He put her in a position
where she would do his errands
457
00:26:51,710 --> 00:26:54,543
and get excused
from the scrub work.
458
00:26:54,579 --> 00:26:56,240
She still
could have said no.
459
00:26:56,281 --> 00:26:58,909
He said he'd
put her out on the street if she didn't go along.
460
00:26:58,950 --> 00:27:01,680
Sister Bettina
uncovered this?
461
00:27:01,720 --> 00:27:03,813
She had no idea.
She asked her about the errands.
462
00:27:03,855 --> 00:27:06,221
She was concerned the other
girls might get envious.
463
00:27:06,257 --> 00:27:08,225
It was a perfectly
innocent question,
464
00:27:08,259 --> 00:27:10,227
but Maria
thought the worst...
465
00:27:10,261 --> 00:27:12,627
that a secret was out,
and she'd be the one to go.
466
00:27:12,664 --> 00:27:15,224
When she saw Bettina
in the shower with the girl,
467
00:27:15,266 --> 00:27:17,496
she jumped at the chance
to discredit her.
468
00:27:17,535 --> 00:27:20,993
- Any way to corroborate her story?
- We talked to Powell's secretary.
469
00:27:21,039 --> 00:27:24,475
She confirmed that Maria spent a lot
of time alone with Powell in his office.
470
00:27:24,509 --> 00:27:26,739
You file a motion
to dismiss?
471
00:27:26,778 --> 00:27:29,679
Yeah, it's on the way over,
but I think we ought to go after Powell.
472
00:27:29,714 --> 00:27:32,046
For what? Rape?
473
00:27:32,083 --> 00:27:36,042
She said that Powell didn't physically force
her to have relations with him.
474
00:27:36,087 --> 00:27:38,453
And the girl
was 17 at the time...
475
00:27:38,490 --> 00:27:41,425
you got
no statutory charge.
476
00:27:41,459 --> 00:27:44,622
He is in a position
of authority over teenage girls.
477
00:27:44,663 --> 00:27:46,130
He's abusing it.
478
00:27:46,164 --> 00:27:48,098
A civil case, maybe.
479
00:27:48,133 --> 00:27:49,862
Criminal Court?
I don't see it.
480
00:27:49,901 --> 00:27:51,732
Suppose it's
not the first incident?
481
00:27:51,770 --> 00:27:54,671
He's been on the job six years.
You think it's the first time?
482
00:27:54,706 --> 00:27:58,164
I'd sure like to know the answer
to that question before we make up our minds.
483
00:28:00,211 --> 00:28:02,042
Go.
484
00:28:03,982 --> 00:28:04,971
(bell rings in distance)
485
00:28:05,016 --> 00:28:06,779
This whole thing sucks.
486
00:28:06,818 --> 00:28:09,150
I can't believe
she would do that to me.
487
00:28:09,187 --> 00:28:11,519
You didn't know she was
involved with Powell?
488
00:28:11,556 --> 00:28:13,148
No.
489
00:28:13,191 --> 00:28:15,659
If he was hitting on her,
she could have told me.
490
00:28:16,695 --> 00:28:18,526
He ever try
anything with you?
491
00:28:20,231 --> 00:28:22,165
Maybe when
I first got there.
492
00:28:22,200 --> 00:28:25,465
You know, he'd come into
your room at the wrong time,
493
00:28:25,503 --> 00:28:28,939
call you into his office,
ask you stupid questions.
494
00:28:30,108 --> 00:28:32,076
But I just stayed
away from him.
495
00:28:32,110 --> 00:28:33,702
A lot of girls fall for it?
496
00:28:33,745 --> 00:28:37,010
Everyone thought he was
pretty much of a joke...
497
00:28:39,384 --> 00:28:41,750
except this one girl.
498
00:28:43,088 --> 00:28:44,919
What about her?
499
00:28:44,956 --> 00:28:46,355
I don't know for sure...
500
00:28:47,392 --> 00:28:50,293
but I heard talk
about her and Powell.
501
00:28:51,996 --> 00:28:55,056
We have the canceled checks
he sent you, Mrs. Morrill.
502
00:28:55,100 --> 00:28:58,160
He's not giving you that money
out of the goodness of his heart.
503
00:28:59,237 --> 00:29:02,673
Would... do I have
to give the money back?
504
00:29:04,342 --> 00:29:06,242
As far as we can tell,
505
00:29:06,277 --> 00:29:08,575
it legitimately belonged
to Jack Powell.
506
00:29:08,613 --> 00:29:10,945
If he gave it to you,
it's yours to keep.
507
00:29:13,218 --> 00:29:15,812
When I was at the house,
508
00:29:15,854 --> 00:29:17,515
we had this thing going.
509
00:29:17,555 --> 00:29:21,286
- A sexual relationship?
- Couple of times a week, that's all.
510
00:29:21,326 --> 00:29:23,556
- (baby coos)
- How old were you?
511
00:29:23,595 --> 00:29:27,156
- 15 when it started.
- What was in it for you?
512
00:29:28,299 --> 00:29:30,096
I didn't have
to work in the kitchen.
513
00:29:30,135 --> 00:29:33,434
He'd have me do errands,
let me go to the movies.
514
00:29:33,471 --> 00:29:36,031
Seems hardly worth it now.
515
00:29:36,074 --> 00:29:39,441
Did he ever threaten to hurt you
if you didn't go along with it?
516
00:29:41,312 --> 00:29:44,042
He said if I told anyone,
517
00:29:44,082 --> 00:29:46,107
I'd have to leave the house.
518
00:29:47,852 --> 00:29:52,380
At the time, I didn't
have anywhere to go.
519
00:29:53,491 --> 00:29:56,483
- How long has it
been since you left? - Three years ago.
520
00:29:56,528 --> 00:29:59,053
And since then, Powell's been
giving you $200 a month
521
00:29:59,097 --> 00:30:00,860
for what... just to keep
your mouth shut?
522
00:30:11,476 --> 00:30:14,707
He would have preferred
I lose it.
523
00:30:17,182 --> 00:30:20,310
Mrs. Morrill,
would you be willing
524
00:30:20,351 --> 00:30:22,911
to repeat what you just
told me to the grand jury?
525
00:30:24,155 --> 00:30:26,055
You mean, go to court?
526
00:30:27,458 --> 00:30:31,588
Look, nobody knows about this.
527
00:30:31,629 --> 00:30:33,563
Nobody.
528
00:30:33,598 --> 00:30:36,032
And I'm not gonna
change that.
529
00:30:41,706 --> 00:30:43,901
(car horn blaring)
530
00:30:43,942 --> 00:30:45,705
She was 15.
531
00:30:45,743 --> 00:30:47,938
Statute of limitations
hasn't run out yet.
532
00:30:47,979 --> 00:30:49,674
We could force her
to testify,
533
00:30:49,714 --> 00:30:52,808
but her husband thinks
the kid is his.
534
00:30:52,851 --> 00:30:55,046
That leaves
only Maria Barragan.
535
00:30:55,086 --> 00:30:56,917
With a possible charge
of rape one.
536
00:30:56,955 --> 00:30:59,924
Rape one? Ben,
Powell never threatened Maria.
537
00:30:59,958 --> 00:31:01,687
And with no
forcible compulsion...
538
00:31:01,726 --> 00:31:06,163
An adult male with the power
to send a young girl back to the streets
539
00:31:06,197 --> 00:31:09,360
demands that she
have sex with him... that's not forcible compulsion?
540
00:31:09,400 --> 00:31:12,164
There's no physical force,
no threat of death or physical injury.
541
00:31:12,203 --> 00:31:13,864
I'm willing to take the chance
to make the case.
542
00:31:13,905 --> 00:31:18,535
Get me a slot on the grand jury,
we're going for an indictment for rape in the first degree.
543
00:31:19,544 --> 00:31:21,842
Man:
You're way off base on this, Ben.
544
00:31:21,880 --> 00:31:24,405
Jack Powell has spent
his entire life
545
00:31:24,449 --> 00:31:27,077
working selflessly
for the public good.
546
00:31:27,118 --> 00:31:30,383
He's raised hundreds of thousands
of dollars for charities.
547
00:31:30,421 --> 00:31:31,786
For crying out loud...
548
00:31:31,823 --> 00:31:35,259
Did he tell his contributors
about the afternoons he spent with Maria Barragan?
549
00:31:35,293 --> 00:31:37,022
It's an indiscretion,
not a crime.
550
00:31:37,061 --> 00:31:40,360
Maria's 17... she's an adult.
She consented.
551
00:31:40,398 --> 00:31:44,698
We're not charging you with statutory
rape. We're charging you with rape in the first degree.
552
00:31:48,206 --> 00:31:50,106
(whisper)
Little bitch...
553
00:31:51,142 --> 00:31:53,872
I didn't force her.
I didn't have to.
554
00:31:53,912 --> 00:31:56,574
She said you threatened
to expel her from Haven House.
555
00:31:56,614 --> 00:31:59,742
Twice,
for curfew and drugs.
556
00:31:59,784 --> 00:32:01,684
Then you admit
you threatened to expel her?
557
00:32:01,719 --> 00:32:05,052
- Yes, with good reason.
- Legitimate reason in whose mind?
558
00:32:05,089 --> 00:32:09,685
Look, Ben, didn't the
episode with Sister Bettina tell you anything?
559
00:32:09,727 --> 00:32:12,924
Maria Barragan's a liar.
She'll say anything to get what she wants.
560
00:32:12,964 --> 00:32:15,057
And what she wants
is to stay alive,
561
00:32:15,099 --> 00:32:17,897
and in her mind that means
staying at Haven House.
562
00:32:17,936 --> 00:32:20,302
A lie like this does not
serve her best interests.
563
00:32:20,338 --> 00:32:22,932
Maybe we can
work something out.
564
00:32:22,974 --> 00:32:25,272
Sexual abuse three,
565
00:32:25,310 --> 00:32:27,540
pleads no lo,
one year community service.
566
00:32:27,578 --> 00:32:30,445
A "B" misdemeanor?
This is more than a traffic violation.
567
00:32:31,683 --> 00:32:35,016
Without proof of forcible
compulsion, you have no case.
568
00:32:37,956 --> 00:32:39,753
Motion to dismiss.
569
00:32:39,791 --> 00:32:42,282
See you tomorrow at 2:30,
570
00:32:42,327 --> 00:32:44,693
Judge Reisman's chambers.
571
00:32:50,201 --> 00:32:54,968
Maria Barragan was
blowing kisses for nickel bags
572
00:32:55,006 --> 00:32:57,270
long before
she ever heard of Jack Powell.
573
00:32:57,308 --> 00:33:00,744
- Which is hardly relevant...
- It sure as hell affects her credibility.
574
00:33:00,778 --> 00:33:02,643
That's a matter
for the jury, not for me.
575
00:33:02,680 --> 00:33:06,878
Even if you look at the facts
in a light most favorable to the prosecution,
576
00:33:06,918 --> 00:33:08,783
the indictment
has still failed
577
00:33:08,820 --> 00:33:11,254
to make a prima facie case
for rape one.
578
00:33:11,289 --> 00:33:12,916
The statute is clear.
579
00:33:12,957 --> 00:33:15,755
It requires threat of death
or physical injury.
580
00:33:15,793 --> 00:33:18,785
Your Honor, we intend to prove
in court that it was reasonable,
581
00:33:18,830 --> 00:33:22,994
under those circumstances,
for Maria Barragan to fear for her life.
582
00:33:23,034 --> 00:33:25,298
She wasn't seduced,
she submitted...
583
00:33:25,336 --> 00:33:27,600
She consented
for God's sake, Ben.
584
00:33:27,638 --> 00:33:30,300
All right, all right.
My instinct tells me you're asking me
585
00:33:30,341 --> 00:33:33,640
to stretch the law
to places it shouldn't go.
586
00:33:33,678 --> 00:33:36,806
However, I'm gonna
reserve my decision
587
00:33:36,848 --> 00:33:41,683
on defendant's motion to dismiss
until after trial.
588
00:33:41,719 --> 00:33:44,017
- Your Honor...
- Charge stays for now.
589
00:33:44,055 --> 00:33:46,956
We go
to trial right away.
590
00:33:48,893 --> 00:33:52,795
Reisman reserved decision?
It's a minor miracle.
591
00:33:52,830 --> 00:33:55,264
So we're halfway there.
We present a compelling case...
592
00:33:55,299 --> 00:33:58,359
Don't fool yourself,
Reisman's no groundbreaker.
593
00:33:58,403 --> 00:34:00,166
Read his decisions...
594
00:34:00,204 --> 00:34:02,900
if there's no precedent,
it doesn't fly in his court.
595
00:34:02,940 --> 00:34:04,931
So why didn't he dismiss?
596
00:34:04,976 --> 00:34:08,309
Who knows? It could be he's
waiting for the jury to acquit.
597
00:34:08,346 --> 00:34:10,211
Then he doesn't have
to make a decision.
598
00:34:10,248 --> 00:34:12,546
Could be he's ready
to make new law.
599
00:34:12,583 --> 00:34:16,019
I wouldn't bet on it.
You talk to McCarter?
600
00:34:16,054 --> 00:34:17,817
Yeah, he wants a slap
on the wrist.
601
00:34:17,855 --> 00:34:19,652
Well, maybe you oughta
start slapping.
602
00:34:19,690 --> 00:34:22,591
What do you suppose
a trial like this is gonna cost the State?
603
00:34:22,627 --> 00:34:25,755
Even if you convince a jury,
Reisman snaps his fingers,
604
00:34:25,797 --> 00:34:27,162
sets aside the verdict.
605
00:34:27,198 --> 00:34:31,100
Adam, since when does cost
have anything to do with it?
606
00:34:31,135 --> 00:34:34,935
Since the State is
on the verge of bankruptcy.
607
00:34:34,972 --> 00:34:36,439
Yeah.
608
00:34:36,474 --> 00:34:38,772
It's a no-win, my boy.
609
00:34:38,810 --> 00:34:42,576
Reisman goes your way,
we got the appeal to worry about.
610
00:34:42,613 --> 00:34:45,275
A trial of any sort
puts Haven House out of business.
611
00:34:45,316 --> 00:34:47,944
Adam, he raped
a 17-year-old girl.
612
00:34:47,985 --> 00:34:51,853
Did he? The statute says
physical harm.
613
00:34:51,889 --> 00:34:54,949
It doesn't say put her
in a situation where she could get hurt.
614
00:34:54,992 --> 00:34:57,483
But it's all in the victim's
state of mind.
615
00:34:57,528 --> 00:34:59,325
Maria's fears were real.
616
00:34:59,363 --> 00:35:01,729
If he had threatened to throw
her out on the expressway...
617
00:35:01,766 --> 00:35:03,859
He didn't
threaten anything.
618
00:35:03,901 --> 00:35:07,268
She's a kid, Adam. To her,
Times Square is just as dangerous.
619
00:35:07,305 --> 00:35:10,968
- Law doesn't read that way.
- Well, maybe it should.
620
00:35:15,179 --> 00:35:18,376
When I was 12,
my mother ran away.
621
00:35:18,416 --> 00:35:21,385
- Stone: And your father?
- I never knew him.
622
00:35:21,419 --> 00:35:24,013
A complete bio, Your Honor?
It's hardly relevant.
623
00:35:24,055 --> 00:35:26,148
It's relevant
to the victim's state of mind.
624
00:35:26,190 --> 00:35:28,886
It's the defendant's
state of mind that's at issue.
625
00:35:28,926 --> 00:35:31,053
The defendant took advantage
of the victim's fear.
626
00:35:31,095 --> 00:35:33,928
I think it's necessary to show
the derivation of that fear.
627
00:35:33,965 --> 00:35:36,763
I'll allow it.
628
00:35:36,801 --> 00:35:39,167
Stone:
After you were abandoned, where'd you live?
629
00:35:39,203 --> 00:35:40,932
In port authority.
630
00:35:40,972 --> 00:35:42,963
Until Sister Bettina
found me.
631
00:35:43,007 --> 00:35:45,805
Did you prefer Haven House
to the streets?
632
00:35:45,843 --> 00:35:47,743
They didn't beat me
or anything.
633
00:35:47,778 --> 00:35:49,973
The sisters,
they cared about me.
634
00:35:50,014 --> 00:35:52,005
And Mr. Powell?
635
00:35:53,818 --> 00:35:55,513
He liked me fine.
636
00:35:55,553 --> 00:35:57,248
Your Honor, we've
established already
637
00:35:57,288 --> 00:36:01,281
that the defendant and this witness
had sexual relations.
638
00:36:01,325 --> 00:36:03,816
We don't need
a play-by-play, Mr. Stone.
639
00:36:03,861 --> 00:36:08,423
Maria, please describe
for the Court
640
00:36:08,466 --> 00:36:10,491
the circumstances...
641
00:36:10,535 --> 00:36:14,369
leading up to your first
sexual encounter with Mr. Powell.
642
00:36:15,907 --> 00:36:18,137
I was in his office.
643
00:36:18,176 --> 00:36:20,770
He started touching me.
644
00:36:20,811 --> 00:36:23,143
He said he could
make me feel good,
645
00:36:23,181 --> 00:36:24,978
and he could
make my life easy.
646
00:36:25,016 --> 00:36:27,883
I told him
I wasn't interested.
647
00:36:27,919 --> 00:36:29,648
But you did
sleep with him?
648
00:36:29,687 --> 00:36:33,783
He said he would have me
thrown out of the house if I didn't.
649
00:36:33,824 --> 00:36:36,554
- And you believed him?
- He showed me a form.
650
00:36:43,234 --> 00:36:45,794
Please describe the paper
I just handed you.
651
00:36:45,836 --> 00:36:48,805
It's the form they use
when they throw you out of Haven House.
652
00:36:48,839 --> 00:36:50,864
Was that the form
Mr. Powell handed you?
653
00:36:52,043 --> 00:36:54,034
No, the one he showed me
had my name on it.
654
00:36:54,078 --> 00:36:56,842
So you willingly
slept with him?
655
00:36:58,182 --> 00:37:00,548
- I was scared.
- Of the streets?
656
00:37:00,585 --> 00:37:02,883
I've been there.
657
00:37:02,920 --> 00:37:05,650
It's better than going back...
anything is.
658
00:37:05,690 --> 00:37:08,716
That's why
I lied about Sister Bettina.
659
00:37:08,759 --> 00:37:11,159
I thought
if anyone found out...
660
00:37:13,130 --> 00:37:15,530
Thank you.
661
00:37:15,566 --> 00:37:17,363
Your witness.
662
00:37:25,076 --> 00:37:27,408
Have you ever been arrested,
Miss Barragan?
663
00:37:27,445 --> 00:37:29,276
Objection!
664
00:37:29,313 --> 00:37:33,044
If we're giving bios, let's give
the unabridged version.
665
00:37:33,084 --> 00:37:34,574
Overruled.
666
00:37:36,053 --> 00:37:37,680
Miss Barragan?
667
00:37:37,722 --> 00:37:39,690
Three times.
668
00:37:39,724 --> 00:37:41,351
What were the charges?
669
00:37:41,392 --> 00:37:43,383
Prostitution.
670
00:37:44,495 --> 00:37:47,259
- So you were a whore?
- Your Honor!
671
00:37:47,298 --> 00:37:49,664
All right, enough
of that, Mr. McCarter.
672
00:37:53,170 --> 00:37:56,105
The Haven House isn't
all fun and games.
673
00:37:56,140 --> 00:37:58,904
You have to earn
your keep.
674
00:37:58,943 --> 00:38:02,208
There's cooking,
and washing clothes,
675
00:38:02,246 --> 00:38:04,407
cleaning...
isn't that right?
676
00:38:04,448 --> 00:38:06,109
It's part of the rehab.
677
00:38:06,150 --> 00:38:07,879
Isn't it true,
Miss Barragan,
678
00:38:07,918 --> 00:38:11,081
that when you first started
working for Mr. Powell,
679
00:38:11,122 --> 00:38:12,953
most of your chores
were eliminated?
680
00:38:12,990 --> 00:38:14,252
Yes.
681
00:38:14,292 --> 00:38:17,318
What kind of work
did you do for Mr. Powell?
682
00:38:17,361 --> 00:38:21,161
I filed papers,
answered phones.
683
00:38:22,500 --> 00:38:24,730
Hell of a lot easier
than scrubbing toilets.
684
00:38:24,769 --> 00:38:27,169
Your Honor...
Withdrawn.
685
00:38:27,204 --> 00:38:31,504
Now, when you were out
on the street, Miss Barragan...
686
00:38:32,877 --> 00:38:35,573
you sold your body for money,
isn't that true?
687
00:38:35,613 --> 00:38:37,444
I had to eat.
688
00:38:37,481 --> 00:38:39,449
Oh, I understand.
689
00:38:39,483 --> 00:38:42,111
You were trying
to make your life easier.
690
00:38:42,153 --> 00:38:44,587
- That's what a whore does.
- Your Honor...
691
00:38:44,622 --> 00:38:46,920
And weren't you trying
to do that with Mr. Powell?
692
00:38:46,957 --> 00:38:49,448
- Trying to make your life easier?
- Objection!
693
00:38:49,493 --> 00:38:51,552
- Miss Barragan?
- Judge: Sustained.
694
00:38:51,595 --> 00:38:53,586
That's enough,
Mr. McCarter.
695
00:38:54,999 --> 00:38:57,092
Powell:
I've worked for non-profits all my life.
696
00:38:57,134 --> 00:39:00,194
I don't know, maybe there are
some people who think I'm too caring.
697
00:39:00,237 --> 00:39:03,365
If I minded my own business,
I wouldn't leave myself open to...
698
00:39:03,407 --> 00:39:05,773
all kinds of problems.
699
00:39:05,810 --> 00:39:08,643
When did you first come
in contact with Miss Barragan?
700
00:39:08,679 --> 00:39:10,670
Powell:
She was a new girl.
701
00:39:10,715 --> 00:39:13,513
There's a routine
first interview.
702
00:39:13,551 --> 00:39:17,453
I liked her attitude...
she was very bright, eager.
703
00:39:17,488 --> 00:39:19,285
I needed someone
to run errands.
704
00:39:19,323 --> 00:39:21,689
It began as a non-sexual
relationship?
705
00:39:21,726 --> 00:39:23,557
Powell: Yes.
706
00:39:23,594 --> 00:39:26,859
But then she began
to put out signals,
707
00:39:26,897 --> 00:39:28,694
as if she were
interested in me.
708
00:39:28,733 --> 00:39:31,793
What kind of signals?
709
00:39:31,836 --> 00:39:35,499
I don't know, like...
the way she'd look at me.
710
00:39:35,539 --> 00:39:38,804
McCarter:
To what did you attribute her interest?
711
00:39:38,843 --> 00:39:41,209
Powell:
I'm not really sure.
712
00:39:42,580 --> 00:39:44,571
It's certainly not
because I have...
713
00:39:44,615 --> 00:39:47,140
some magnetic
effect on women.
714
00:39:47,184 --> 00:39:50,085
Maybe it was because
I was nice to her,
715
00:39:50,121 --> 00:39:54,353
or maybe she thought she could
get something out of me.
716
00:39:56,260 --> 00:39:58,626
What did you do
about these advances?
717
00:39:58,662 --> 00:40:02,758
I put her off,
but she was very persistent.
718
00:40:04,602 --> 00:40:06,968
I'm not proud
I slept with her.
719
00:40:07,004 --> 00:40:09,370
Maybe this was
bound to happen.
720
00:40:09,407 --> 00:40:12,740
I spend a lot of time
with these girls, and...
721
00:40:12,777 --> 00:40:16,338
in a way, they're trained
to deal with men sexually,
722
00:40:16,380 --> 00:40:18,905
to use sex
to get what they want.
723
00:40:18,949 --> 00:40:22,077
It was stupid of me
to give in to that.
724
00:40:22,119 --> 00:40:24,314
Did you ever
threaten Maria...
725
00:40:25,656 --> 00:40:27,920
overtly or implicitly?
726
00:40:27,958 --> 00:40:31,189
No, never.
She'd been victimized enough.
727
00:40:31,228 --> 00:40:32,957
Did you intimidate her?
728
00:40:32,997 --> 00:40:35,932
That's what
I don't understand.
729
00:40:35,966 --> 00:40:38,935
I'm probably the only guy
she was ever with
730
00:40:38,969 --> 00:40:41,369
who actually cared for her.
731
00:40:41,405 --> 00:40:45,307
I felt l... I was
very kind with her.
732
00:40:45,342 --> 00:40:48,800
I can't understand why Maria
would say she was afraid of me.
733
00:40:48,846 --> 00:40:50,438
No further questions.
734
00:40:51,749 --> 00:40:54,809
Mr. Powell, do you recognize
the name Marjorie White?
735
00:40:54,852 --> 00:40:56,752
She was with us
for a while.
736
00:40:56,787 --> 00:40:59,255
We caught her dealing
to the other girls.
737
00:40:59,290 --> 00:41:01,451
Ah, did you throw her
out of the house?
738
00:41:01,492 --> 00:41:03,892
She was dealing drugs.
739
00:41:03,928 --> 00:41:06,328
All right,
Alberta Gaines?
740
00:41:07,631 --> 00:41:09,599
She was expelled
for violence.
741
00:41:09,633 --> 00:41:12,568
And Rosa Valdez,
was she expelled?
742
00:41:12,603 --> 00:41:14,503
Yes.
743
00:41:16,040 --> 00:41:18,770
Do you know what happens
to these girls that are expelled?
744
00:41:18,809 --> 00:41:21,676
Sister Bettina tries
to keep track of them.
745
00:41:21,712 --> 00:41:23,976
Do you know what happened
to Rosa Valdez?
746
00:41:25,049 --> 00:41:26,744
I believe she died of AIDS.
747
00:41:26,784 --> 00:41:29,981
Alberta Gaines?
An overdose.
748
00:41:30,020 --> 00:41:33,820
Yeah. Marjorie White,
she die, too? Yes.
749
00:41:33,858 --> 00:41:37,089
Raped and stabbed 12 times
by six members of a gang.
750
00:41:37,127 --> 00:41:40,756
And of all 18 girls
expelled in the past six years,
751
00:41:40,798 --> 00:41:43,096
three have died of AIDS,
five, drug overdose,
752
00:41:43,133 --> 00:41:45,124
one of exposure,
two murdered,
753
00:41:45,169 --> 00:41:47,000
and the rest disappeared.
Isn't that true?
754
00:41:47,037 --> 00:41:49,335
Yes.
755
00:41:50,641 --> 00:41:54,202
So isn't it reasonable,
under these circumstances,
756
00:41:54,245 --> 00:41:58,477
for Maria Barragan to fear
for her life when you threw her out on the street?
757
00:41:58,516 --> 00:42:00,677
- Objection!
- Sustained.
758
00:42:00,718 --> 00:42:03,448
Did she ever say she was
afraid of leaving Haven House?
759
00:42:03,487 --> 00:42:07,150
I never... listen, when these girls have been
out on the street long enough,
760
00:42:07,191 --> 00:42:09,887
they become hardened, tough...
they're not afraid of anything.
761
00:42:09,927 --> 00:42:13,988
- So if you're beaten up enough,
you lose your fear? - You learn how to survive.
762
00:42:14,031 --> 00:42:15,896
Until someone
kills you.
763
00:42:27,011 --> 00:42:29,241
Stone:
The law says that if Jack Powell
764
00:42:29,280 --> 00:42:33,842
never placed Maria Barragan
in fear of death...
765
00:42:33,884 --> 00:42:37,251
or physical injury,
he cannot be convicted
766
00:42:37,288 --> 00:42:40,883
of rape in the first degree.
767
00:42:40,925 --> 00:42:43,416
He didn't wrestle her
to the ground.
768
00:42:43,460 --> 00:42:46,088
He didn't put
a gun to her head.
769
00:42:46,130 --> 00:42:49,657
He simply said,
"Have sex with me
770
00:42:49,700 --> 00:42:52,430
or I'm throwing you
back out on the street."
771
00:42:52,469 --> 00:42:54,596
Case dismissed?
772
00:42:58,909 --> 00:43:00,467
Maybe.
773
00:43:00,511 --> 00:43:04,948
But what did that threat
mean to Maria?
774
00:43:06,650 --> 00:43:08,641
Another broken arm?
775
00:43:08,686 --> 00:43:10,847
AIDS...
776
00:43:10,888 --> 00:43:13,049
instead of hepatitis?
777
00:43:13,090 --> 00:43:16,287
A bullet
instead of a razor blade?
778
00:43:16,327 --> 00:43:19,455
More rapes,
more beatings.
779
00:43:19,496 --> 00:43:22,431
And more than anyone,
Jack Powell knew
780
00:43:22,466 --> 00:43:26,266
that his threat contained
the weight of all those things.
781
00:43:26,303 --> 00:43:29,670
So when he threatened to remove her
from the one safe harbor
782
00:43:29,707 --> 00:43:32,574
in her sad young life,
he put her in fear
783
00:43:32,610 --> 00:43:35,101
for her life
and her physical well-being.
784
00:43:35,145 --> 00:43:38,603
And he didn't put
a gun to her head.
785
00:43:40,384 --> 00:43:43,080
No, he showed her
another way he could hurt her.
786
00:43:51,362 --> 00:43:53,990
Were you expecting
a guilty verdict this quickly?
787
00:43:54,031 --> 00:43:57,000
I can't anticipate the mind
of a jury, but I'm very grateful.
788
00:43:57,034 --> 00:44:00,197
Man: What about the mind
of Judge Reisman? Do you think he'll dismiss it?
789
00:44:00,237 --> 00:44:02,205
I think we met
the burden of proof.
790
00:44:02,239 --> 00:44:05,140
Man:
If he does dismiss, do you have a plan how to proceed?
791
00:44:05,175 --> 00:44:07,769
- Yes, we do.
- Man: Mr. Stone?
792
00:44:07,811 --> 00:44:10,644
Okay,
you convinced a jury.
793
00:44:10,681 --> 00:44:12,410
It doesn't mean a thing
794
00:44:12,449 --> 00:44:15,646
until Reisman rules
on the motion to dismiss.
795
00:44:15,686 --> 00:44:18,382
With his history,
I wouldn't hold my breath.
796
00:44:18,422 --> 00:44:21,585
Our knowledge of rape
and power has grown... the law should reflect that.
797
00:44:21,625 --> 00:44:24,719
Right now you got leverage...
use it or lose it.
798
00:44:24,762 --> 00:44:27,322
Now, I say call McCarter,
work out sentence.
799
00:44:27,364 --> 00:44:30,333
You think my case
was that weak?
800
00:44:30,367 --> 00:44:32,528
No, I just think
that the judiciary
801
00:44:32,569 --> 00:44:34,264
isn't as open-minded as you.
802
00:44:34,304 --> 00:44:36,499
(phone buzzes)
803
00:44:38,409 --> 00:44:40,070
Robinette.
804
00:44:42,012 --> 00:44:43,741
Hold on.
805
00:44:43,781 --> 00:44:45,271
McCarter's
looking for you.
806
00:44:45,315 --> 00:44:47,010
He wants
to talk about sentencing.
807
00:44:47,051 --> 00:44:49,542
You can still lose it.
808
00:44:49,586 --> 00:44:52,248
No deal.
809
00:44:54,324 --> 00:44:56,155
(exhales)
810
00:44:58,996 --> 00:45:00,725
Bailiff:
Be seated.
811
00:45:03,834 --> 00:45:06,530
After listening to the evidence
and reading counsel's briefs,
812
00:45:06,570 --> 00:45:09,368
I find that the prosecution
has met its burden
813
00:45:09,406 --> 00:45:11,306
with respect
to the charge
814
00:45:11,341 --> 00:45:13,639
of rape
in the first degree.
815
00:45:13,677 --> 00:45:17,807
Defense motion
to dismiss, denied.
816
00:45:17,848 --> 00:45:21,045
Jury verdict of guilty stays.
817
00:45:22,152 --> 00:45:24,120
(gavel bangs)
818
00:45:26,323 --> 00:45:28,484
Get out
your soundbite, Ben.
819
00:45:28,525 --> 00:45:30,356
Yeah, nothing sells like sex.
820
00:45:30,394 --> 00:45:33,329
Don't sell yourself short...
everybody loves a winner.
821
00:45:33,363 --> 00:45:35,126
Yeah.
822
00:45:35,165 --> 00:45:37,497
You know it'll probably
be reversed on appeal.
823
00:45:37,534 --> 00:45:41,630
Probably. But maybe the legislature
takes a look, rewrites the law.
824
00:45:55,886 --> 00:46:00,585
(theme music plays)
825
00:46:00,635 --> 00:46:05,185
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