1. In the
criminal justice system,
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2. the people are represented
by two separate yet equally important groups,
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3. the police
who investigate crime
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4. and the district attorneys
who prosecute the offenders.
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5. These are their stories.
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6. Hey, Emily. Hey.
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7. You never heard
of social promotion?
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8. This kid
has no business being moved up a grade.
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9. He can barely read!
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10. You want to take on
the administration over some little underachiever?
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11. Where is it?GIRL 2: Get down!
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12. Amanda?
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13. Amanda...
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14. All I know is
we were leaving
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15. and somebody
started shooting at us.
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16. Can you find out how
Amanda is?
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17. She's still in surgery.
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18. Did you see
anybody hanging around before the shooting started?
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19. We saw a couple of
kids on the way out.
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20. And there were three or four
kids hanging out by that blue Camaro.
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21. I can't believe this.
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22. We got one shot-up teacher
and a parking lot full of shell casings.
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23. Two kids admit
being in the vicinity.
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24. There's a uniform
inside babysitting them.
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25. You got
these cars listed yet? How many shots in all?
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26. We recovered two slugs
from the victim's car,
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27. four from the bus,
and the one the doctors are digging out of the victim.
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28. Lousy shooting.
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29. Good enough.
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30. Me and Emily ran back inside
when the shooting started.
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31. Where were you?
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32. Uh, right there.
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33. Well, what did you see
before the shooting started?
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34. Nothing much.
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35. We saw Mrs. Novak and
Mrs. Ortega come out.
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36. Is she gonna be okay?
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37. You like her?
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38. Yeah.
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39. She's not like most of 'em.
She's an actual human being.
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40. How so?
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41. She's the only one
that stands up for us girls.
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42. I mean, we can't
walk down the halls
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43. without having boys
sticking their hands
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44. down our bras
and grabbing at us.
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45. Not all the guys.
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46. How does she
stand up for you?
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47. Well, she made Mr. Amsterdam
suspend some of the boys.
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48. Why's that?
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49. They were hitting on
girls and using the old music room to have sex in.
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50. We've never had a shooting
on the school grounds before.
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51. Do you know
of any bad blood
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52. between these two teachers
and anybody here?
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53. The usual, nothing
that would account for this.
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54. What's the usual?
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55. Kids who get an "F"
instead of a "C,"
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56. teachers who resent
Mrs. Novak's rapport with the students...
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57. This doesn't
make any sense.
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58. Didn't Mrs. Novak tell you
students were having sex on campus,
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59. and you suspended them?
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60. Good Lord, they couldn't
shoot her over that.
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61. How'd she find out about it?
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62. A student told her.
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63. We didn't know if
it was just a rumor, turned out to be true.
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64. How'd you pin it down?
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65. They were using
the old music room.
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66. It's off-limits
because of asbestos.
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67. We found used
condoms in there.
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68. So how many kids
did you suspend?
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69. Three boys.
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70. How about the girls? Detention.
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71. It was clear the boys
were the instigators.
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72. Kids shoot teachers over
a suspension?
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73. One of our witnesses said
the boys who got suspended
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74. were in the parking lot right
before the shooting started.
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75. They were gone
when we got there.
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76. Yeah. There was a Camaro
in the lot that belongs to one of 'em.
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77. The principal's
rounding 'em up for us.
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78. Hey, Rey.
Give me a minute.
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79. Listen, about that
request for a transfer,
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80. I'm sorry, but this
just isn't the right time.
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81. All right. But I'm
serious about it, LT.
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82. No, I know you are,
and I can appreciate
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83. Deborah wanting
you on a desk job,
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84. but if I lose
a detective right now,
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85. they won't give
me a replacement.
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86. I got you.
Uh, my family has to come first.
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87. So you just left
your car sitting there?
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88. Sure I did.
Bullets flying, you just run.
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89. And what did you
see before you ran?
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90. A guy and a girl
by the entrance.
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91. Then Mrs. Novak and
some other teacher came out
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92. and then,
bam, bam, bam.
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93. You didn't see
the shooter?
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94. We didn't even know where
the shots were coming from.
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95. You own a gun?
Any of you?
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96. No. We didn't do it.
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97. So what were you doing
in the parking lot?
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98. We were waiting
for a girl we know to get out of drama club.
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99. Why? So you could take
her to the music room?
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100. We can't get in there anymore.
They put a lock on the door.
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101. Okay,
thanks for your cooperation.
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102. I wish I could help you.
I didn't see who was shooting.
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103. That school is a snake pit.
The students are out of control,
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104. and all the administration
cares about is covering its collective ass.
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105. You owe anybody money?
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106. Car payments.
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107. Do you have
a life insurance policy
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108. somebody might
want to collect on?
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109. I'm her beneficiary.
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110. Would you mind if we
speak to her alone, Mr. Novak?
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111. Look, I'll be right
outside, okay, honey?
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112. You and your husband
get along all right?
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113. Oh!
Lloyd didn't shoot me.
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114. Who knew
what time you were leaving?
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115. Nobody.
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116. I'm usually there till
about 7:00,
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117. but yesterday
I decided to go home early.
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118. You tell anybody? No.
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119. It was
a spur-of-the-moment thing.
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120. I'd just had enough
for one day.
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121. Okay, your shooter's
hiding here.
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122. The CSU unit found
three fresh gum wrappers.
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123. So the shooter
waited long enough
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124. for the flavor to go
out of two sticks of gum.
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125. You got one
bullet in the victim,
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126. two in this car
and four more over here.
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127. Which means the shooter
started firing from this corner,
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128. ran this way
and kept on shooting.
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129. Seven 9mm shots in all.
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130. The bullet that hit
the victim came from the original fusillade.
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131. Well, if Amanda Novak
was the intended target,
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132. why'd he keep on firing? Yeah.
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133. So I had a team
check across the street.
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134. And?
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135. They found three
.38 slugs over there.
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136. Another shooter.
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137. With better aim.
One of 'em hit.
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138. Blood on the ground.
Not much, the lab's trying to type it.
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139. Do you have the trajectory
for the.38?
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140. Yeah.
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141. The shot came from
this car right here.
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142. A Camaro.
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143. Give it up, kid,
we tossed your car, we found the gun.
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144. The lab's running
tests on it right now.
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145. Somebody must have
put it in my car.
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146. Yeah. Yeah, the somebody
whose fingerprints are all over it,
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147. which would be you.
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148. We know you got
off three rounds.
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149. So who were
you shooting at?
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150. Look, if it's your bullet
that hit Mrs. Novak,
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151. you're looking at 15-to-life
for attempted murder.
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152. It wasn't me that hit her.
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153. Who were you shooting at?
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154. Somebody started
shooting at us.
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155. I grabbed
the gun from the car
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156. and I shot back.
I don't know who it was.
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157. It was broad daylight, Randy.
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158. Well,
they were wearing a parka, you know, like with a hood.
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159. I didn't see their face.
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160. That's right.
Keep on lying,
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161. you're gonna be somebody's
girlfriend at Attica.
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162. I'm telling you.
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163. I don't know who it was.
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164. We're not gonna get
anything out of this kid.
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165. Well, go at it
from the other end.
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166. Have you checked
the hospital reports
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167. for our missing
gunshot victim?
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168. Yeah, nothing
promising so far.
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169. Well, if I was gunning
for someone and missed,
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170. and they shot back at me,
I sure wouldn't show up the next day.
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171. We checked.
There were 46 kids absent today.
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172. For what it's worth,
three of the parents have handgun permits.
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173. Well, at least
that's a place to start.
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174. And book Randy for
possessing and discharging an illegal weapon.
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175. Raymond Maxwell?
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176. That's me.
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177. Your daughter Sally
missed school today?
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178. Yeah. She sick?
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179. Why are you asking?
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180. Dad, I think we need
new french-fry oil.
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181. Honey, I've told you,
you've gotta tell Gus to do that.
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182. That Sally?
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183. That's her big sister,
Valerie.
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184. What do you
want with Sally?
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185. You own a 9mm handgun?
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186. And a permit.
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187. Look, I know about
the shooting at school.
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188. What're you asking me
questions about my gun and my daughter?
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189. Is your gun here now?
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190. Listen, when
the police ask to see your licensed handgun,
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191. you don't get to say no.
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192. Seven-shot clip. Empty.
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193. Emptied the
old-fashioned way.
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194. You been to the
firing range lately?
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195. I didn't take the gun.
I didn't shoot anybody.
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196. What's under
that bandage, Sally?
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197. She cut herself.
Climbing over a fence.
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198. She told you that? Yes.
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199. Look, we found blood
where the shooter was standing.
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200. If we have to,
we'll run a blood test on you.
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201. We've got your
father's gun at the lab, checking it for fingerprints
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202. and matching it against
the bullet they dug out of Mrs. Novak.
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203. You don't play
it straight with us,
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204. it's gonna go
real bad for you.
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205. So why'd you
shoot at those boys?
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206. They shot at me first!
I didn't mean to hurt Mrs. Novak.
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207. Sally, that's enough.
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208. What was the beef
between you and those boys?
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209. Stop it.
No more questions.
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210. Hey, we're gonna hear
their side of the story.
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211. Don't you want
us to hear hers?
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212. Not until
I get her a lawyer.
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213. Sally Maxwell? I don't
even know who that is.
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214. She seemed to know you
well enough to want you dead.
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215. So she's crazy.
But I don't know her.
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216. Well, maybe one
of your buddies does.
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217. I don't know.
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218. Look, don't play me,
Roscoe.
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219. You guys are tight. One of
you has something with a girl,
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220. the rest of you know
about it.
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221. All right. Well,
that's just it. I don't know.
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222. You're starting to
piss me off, Roscoe.
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223. I told you what I know.
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224. I want to talk
to my parents.
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225. Says on your school record
you had a little drug problem earlier this year.
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226. Yeah.
I got that all cleared up.
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227. Oh, yeah?
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228. What, you stopped dealing
ecstasy to the freshmen?
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229. Look, I wasn't dealing,
all right?
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230. I was just middling
some stuff as a favor.
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231. Is that how
you met Sally?
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232. You did her a favor?
Maybe ripped her off?
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233. No. I never met her.
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234. What? She was just using
you for target practice?
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235. Hell if I know.
Maybe she was on the rag or something.
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236. You make me puke, kid.
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237. Someone must've
lowered the standards for high school Casanovas.
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238. Maybe they
talk a good game.
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239. You know, the way
to a woman's heart is through her ear.
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240. Well, talk to the girls
they brought to the music room.
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241. Maybe one of them
can tell you about Sally.
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242. Uh... I'll meet you outside,
all right?
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243. Yeah.
He's right over there.
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244. How'd it go? Smooth as silk.
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245. We busted the
guy with the goods.
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246. Is Cathy okay?
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247. Cathy was a real pro.
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248. Chip off the old block.
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249. The A.D.A's looking
for a quick trial date.
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250. Your daughter has one
more piece of business.
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251. Then she's home free.
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252. Good.
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253. Thanks for keeping me
in the loop.
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254. Sure thing.
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255. It started with one girl
who came to Amanda Novak.
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256. Told her what was going on.
One name led to another.
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257. How many girls?
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258. Five or six.
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259. Sally Maxwell?
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260. No. But we probably
didn't get everybody.
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261. Well, we're gonna need to
talk to the ones you did get.
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262. This is a privacy issue.
These girls don't want to be embarrassed.
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263. Look, I have
three daughters.
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264. I'm sure if this
happened to them,
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265. they'd want to
talk to somebody.
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266. Tell you what,
Mrs. Davenport, you pick out a girl
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267. and then you ask her
if she doesn't mind talking. Fair enough?
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268. I don't know anything
about them and Sally Maxwell.
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269. You know any reason a girl
might have a beef with these guys?
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270. Sure. You go with them
and next thing you know,
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271. it's all over school,
you're a slut.
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272. Is that what
happened to you?
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273. You wanted
to go with them?
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274. I used to think they were
the coolest guys in school.
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275. Why can't
my dad be with me?
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276. It's better
if he waits outside.
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277. Your lawyer will make sure
I respect your rights.
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278. Let's talk about
the music room.
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279. Did you have sex with
Hayden, Randy and Roscoe?
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280. And then they
called you a slut,
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281. made fun of you
to other people?
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282. And you got mad,
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283. because you thought
having sex with them
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284. would make you
as cool as they are.
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285. No!
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286. But you figured out
they didn't give a damn about you,
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287. so you decided to get even.
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288. No.No?
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289. I didn't have
sex with them.
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290. They raped my sister.
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291. Well, Sally,
why didn't you tell anyone?
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292. Why grab a gun
to settle the score?
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293. I told Mrs. Davenport.
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294. She didn't do anything.
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295. Lady, covering up
a felony is a felony.
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296. You asked me if Sally
was one of the girls and I said no.
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297. And you didn't think
rape was worth mentioning?
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298. What the hell kind of place
are you people running here?
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299. We investigate
what's been reported.
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300. I spoke with the boys,
I spoke with Valerie.
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301. They said she consented,
she said she consented.
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302. She told her sister
something different.
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303. Well, maybe Sally heard
what she wanted to hear.
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304. She's very protective
of Valerie.
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305. Isn't Valerie
the older sister?
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306. Valerie's developmentally
challenged.
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307. Challenged how?
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308. She's retarded.
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309. Three boys gang up
on a retarded girl and you just say, "Oh, okay."
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310. What, are you
afraid of a lawsuit?
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311. I'm a guidance counselor.
Not a cop.
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312. So call a cop
when you need one!
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313. When I need one, I will.
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314. There was no rape.
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315. Talk to Valerie yourselves.
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316. Count on it.
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317. Sally said
never tell anyone.
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318. Why do you think
she told you that?
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319. Sally said
what I did was bad.
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320. Do you think
it was bad?
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321. I think it's okay to play
a game with friends.
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322. Did the boys tell
you it was a game?
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323. What game did
they say it was?
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324. Sex.
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325. And you told them
it was okay?
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326. I said I couldn't 'cause
Dad says sex is for when you're in love.
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327. And what happened
when you told them that?
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328. They laughed a lot.
They said they loved me.
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329. And
that made it okay?
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330. Sure.
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331. They took turns having sex
with her, then put a soda bottle in her!
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332. Rey, calm down.
Can we make a rape case?
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333. Depends how retarded
this girl is.
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334. Enough to believe
these punks loved her.
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335. That's a little
inexact to take to court.
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336. We need to prove she's legally
incompetent to give consent.
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337. Her school records
put her IQ at around 65.
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338. Let me get
a full psych work-up. I'll call Emil Skoda.
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339. We're gonna leave these boys
free to line up their next conquest?
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340. No. Pick 'em up.
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341. So, Randy,
Daddy sprung for bail, huh?
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342. Stand up.
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343. Sure.
Beats doing squat thrusts for goofing on Fat Frankie.
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344. You're gonna have
to make bail again.
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345. You're all under arrest for
the rape of Valerie Maxwell.
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346. You're kidding. No way.
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347. Way, Randy.
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348. You're gonna be doing
your squatting and thrusting in Rikers. Let's go.
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349. A rape charge requires
a victim, Mr. McCoy.
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350. A retarded girl is raped
and sexually assaulted with a foreign object
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351. and you don't see a victim?
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352. You have proof
the girl's incompetent?
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353. Are you kidding?
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354. An IQ of 65?
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355. Well, it doesn't matter.
Penal law 130.10.
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356. The boys would have
to know that she can't legally consent.
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357. Otherwise, there's no crime.
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358. You're gonna try
to sell that to a jury?
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359. That the boys didn't
know she was retarded?
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360. They're in
the same school.
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361. 4,000 students, Ms. Ross.
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362. As I'm sure you know,
the boys never had a class with her.
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363. Lack of knowledge is
an affirmative defense.
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364. I don't have to
prove they knew.
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365. Yes. We have to prove
they didn't. And we will.
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366. I see we have nothing
to talk about.
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367. If Skoda thinks
she's able to give consent,
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368. we could find ourselves
defending three false-arrest lawsuits.
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369. I'll let you know
as soon as I hear from him.
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370. Why did the cops jump
the gun arresting the boys?
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371. They didn't want to leave
them wandering the halls in search of game.
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372. My mom's dead.
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373. She's in heaven though
and she watches over us all the time.
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374. That's what
Sally told me.
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375. What else has
she told you?
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376. She told me that
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377. it's very important
to know the names
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378. of people when
you're talking to them,
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379. Dr. Skoda.
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380. And it's very important
to look people in the eye
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381. and say "Thank you"
and "Please."
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382. Sally takes
good care of you.
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383. I'm the oldest,
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384. I should be the one
watching after Sally.
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385. Does that bother you?
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386. Dad says I'm special.
That's why I'm special-ed.
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387. Do the other kids
treat you special?
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388. Nicole... Huh!
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389. She spilled ice cream
on my new dress.
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390. Didn't even
say, "I'm sorry."
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391. She just called me a dummy.
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392. What about Hayden
and Roscoe and Randy? Did they ever call you names?
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393. They're my friends.
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394. Friends don't hurt each other.
That's what Gina said.
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395. Who's Gina?
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396. She's in 12th grade.
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397. Gina Bowman.
She's my friend, too.
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398. She told me
Hayden wanted to play.
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399. Valerie, can you tell me
some reasons
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400. why a woman might want
to have sex with a man?
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401. 'Cause that's
what you do when somebody loves you.
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402. She's a sweet girl
with an IQ of 65.
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403. And the school
thinks exposing her to ridicule from normal kids
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404. somehow does her good.
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405. She understand what she did?
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406. Not in any
meaningful way.
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407. She'd do whatever
it takes to please whoever she was with.
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408. Would that be obvious
to another teenager?
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409. That'd be crystal clear
to anyone who talked to her for two minutes.
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410. Those boys are gonna
claim the last thing
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411. they did in that
music room was talk.
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412. Have you spoken to
Gina Bowman?
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413. Who?
Copy !req
414. Another student.
Copy !req
415. Valerie said she played
matchmaker for your defendants.
Copy !req
416. You knew what
those boys wanted.
Copy !req
417. If you set Valerie up,
you're guilty of rape.
Copy !req
418. I never touched her. The law doesn't care.
Copy !req
419. Lennie.
Copy !req
420. I just got a call.
Your daughter's taking the stand in a half an hour.
Copy !req
421. Thanks. Excuse me.
Copy !req
422. So how'd you set it up?
Copy !req
423. You want to
get arrested, too?
Copy !req
424. Hayden said I could hang
with them if I got them a good-looking girl.
Copy !req
425. So now you're a pimp?
Copy !req
426. No, I just... I just...
Copy !req
427. You just wanted everybody
to think you were cool.
Copy !req
428. Did you tell those boys
she was mentally disabled?
Copy !req
429. I thought it would
turn them off.
Copy !req
430. But Roscoe said he knew her.
Copy !req
431. He told the others.
Copy !req
432. Hayden said,
"It'll be cool doing a retard."
Copy !req
433. Danny gave me
$500 for 1,000 units.
Copy !req
434. Same deal we did
every couple of weeks.
Copy !req
435. What did you tell
him about the drugs?
Copy !req
436. I told him I stole
them from the hospital.
Copy !req
437. Then once I left
the apartment, I gave a pre-arranged signal,
Copy !req
438. and the detectives
went up to arrest Danny.
Copy !req
439. Thank you.
Copy !req
440. Did you wear
a recording device
Copy !req
441. when you went to
Mr. Jones' apartment?
Copy !req
442. No.As far as you know,
Copy !req
443. are there any videotapes
or photographs
Copy !req
444. of you exchanging drugs
for money with my client?
Copy !req
445. No.
Copy !req
446. So we only
have your word.
Copy !req
447. Isn't it true you once had
a sexual relationship with my client?
Copy !req
448. Yes.
Copy !req
449. And isn't it true
that while you were employed as a nurse,
Copy !req
450. attending to
critically ill people,
Copy !req
451. you were addicted
to methamphetamines?
Copy !req
452. Yes. And isn't it true
Copy !req
453. that you are
here testifying
Copy !req
454. under a plea arrangement
with the District Attorney?
Copy !req
455. Yes.
Copy !req
456. So you were allowed to
plead to a misdemeanor, given no jail time,
Copy !req
457. for stealing
thousands of pills from your hospital?
Copy !req
458. Yes. That's a very sweet deal.
Copy !req
459. Now, your father is
a detective, isn't that right?
Copy !req
460. Yes.
Copy !req
461. Detective Lennie Briscoe.
Copy !req
462. Is that the
same Lennie Briscoe
Copy !req
463. who was investigated by
the Hellman Commission on...
Copy !req
464. Objection. Sustained.
Copy !req
465. police corruption, who was
accused of stealing evidence in a drug-trafficking case?
Copy !req
466. Ms. Briscoe, isn't it true... Ms. Lapinsky.
Copy !req
467. that you were
part of a scheme
Copy !req
468. by a corrupt narcotics
squad who is trying...
Copy !req
469. Ms. Lapinsky! to frame my client,
Copy !req
470. because
he refused to pay them protection money?
Copy !req
471. Objection, Your Honor!
Copy !req
472. No, I wouldn't do that.
Copy !req
473. Why not? The apple doesn't
fall far from the tree, does it?
Copy !req
474. Ms. Lapinsky, the objection
is again sustained.
Copy !req
475. I want all of that stricken.
The jury will disregard the last exchange.
Copy !req
476. No more questions.
Copy !req
477. Hey, you did all right
in there, sweetheart.
Copy !req
478. Don't you get it, Dad?
My life is over.
Copy !req
479. I'm not gonna be
able to get a job.
Copy !req
480. I'm always
gonna be known as the meth-addict nurse,
Copy !req
481. who stole drugs for
her dope-dealer boyfriend.
Copy !req
482. Why don't you come
and stay with me for a while
Copy !req
483. till you get back
on your feet, huh?
Copy !req
484. Dad, please! Did you
hear what I just said?
Copy !req
485. Honey, people make mistakes
and start over all the time. I did.
Copy !req
486. Thanks. But right now
Copy !req
487. I feel like you made
a mistake having me in the first place.
Copy !req
488. Watch her back, will you?
Copy !req
489. Three boys who took cruel
advantage of a retarded girl.
Copy !req
490. Another girl so desperate
to be liked she became a procurer for these boys.
Copy !req
491. A 14-year-old child
who tries to solve her problems with a gun.
Copy !req
492. And an innocent
bystander in the hospital. Yes.
Copy !req
493. Good gracious.
Copy !req
494. Any adults
at that school?
Copy !req
495. Briscoe says the adults
are so enlightened they make his teeth hurt.
Copy !req
496. According to the cops,
the school abdicated its custodial responsibility.
Copy !req
497. And where
are the parents?
Copy !req
498. Sounds like a good
campaign issue, Adam.
Copy !req
499. Sounds like a snake pit to me.
Copy !req
500. What are you planning to do?
Copy !req
501. Charge the boys with rape.
Copy !req
502. We made a deal with
the girl who pimped for them in exchange for her testimony.
Copy !req
503. What about the
little girl with the gun?
Copy !req
504. The wounded teacher's
been very understanding.
Copy !req
505. She asked us not to land
on the girl with both feet.
Copy !req
506. She sprayed
a schoolyard with gunfire.
Copy !req
507. Want me to cut
the Gordian Knot?
Copy !req
508. We were thinking more
along the lines of a tiebreaker.
Copy !req
509. She seems unlikely
to repeat her actions.
Copy !req
510. I'm not averse
to a minimal sentence.
Copy !req
511. But she can't shoot
people without penalty.
Copy !req
512. Offer her a year
in juvenile detention.
Copy !req
513. The Defense
is moving to suppress Gina Bowman's testimony.
Copy !req
514. It's hearsay.
Copy !req
515. Since when
is an admission hearsay? They called Valerie a retard.
Copy !req
516. Sounds like an admission
against penal interest to me, Ms. Wilderman.
Copy !req
517. Gina Bowman would
have been charged as an accomplice,
Copy !req
518. if she hadn't struck
a deal with the State.
Copy !req
519. Accomplice testimony is
insufficient without corroboration.
Copy !req
520. Her testimony doesn't
establish an element of the crime,
Copy !req
521. it repudiates their
affirmative defense.
Copy !req
522. Hold on. Hold on, everybody.
Copy !req
523. Gina Bowman says the boys
called the girl a retard.
Copy !req
524. The boys say they didn't.
What does the alleged victim say about it?
Copy !req
525. Well, during the People's
psychiatric examination,
Copy !req
526. she was asked
if the boys ever called her any names.
Copy !req
527. She said, "No."
Copy !req
528. And you have no corroboration
of Gina Bowman's statement?
Copy !req
529. No independent proof the boys
knew the girl's mental state?
Copy !req
530. We don't need it!
Copy !req
531. The burden is on the Defense
to prove the defendants didn't know.
Copy !req
532. Don't tell me
my job, Ms. Ross. The statement is out.
Copy !req
533. Let's just
throw out the rules of evidence along with it!
Copy !req
534. Counselor, watch yourself.
Copy !req
535. She has a birth defect
that retards natural intellectual development.
Copy !req
536. Valerie Maxwell
is 18 years old.
Copy !req
537. What would you say is
her intellectual age?
Copy !req
538. Equivalent to
a child of 12.
Copy !req
539. According to the
adaptive behavior scale,
Copy !req
540. her social skills are
those of a 10-year-old.
Copy !req
541. Could you give us
your medical opinion of her decision-making ability?
Copy !req
542. DR.
She showed no ability
Copy !req
543. to balance pros and cons
and apply her own values.
Copy !req
544. Quite simply, she's incapable
of making an informed decision
Copy !req
545. to engage in sexual activity.
Copy !req
546. Are you
familiar with the term "mainstreaming," Doctor?
Copy !req
547. Yes. In Valerie's case,
Copy !req
548. it's an attempt
to integrate someone with a mental disability
Copy !req
549. into what we would
consider normal life
Copy !req
550. by having her attend
a regular school.
Copy !req
551. But she ate lunch in a room
away from the other kids?
Copy !req
552. DR.No, I don't
believe she did.
Copy !req
553. Oh.
Copy !req
554. They had a special bus
come and pick her up every day,
Copy !req
555. did they? No.
Copy !req
556. So I assume the school
made her wear
Copy !req
557. some kind of scarlet "D"
for disabled on her dress each day?
Copy !req
558. DR.No.
Of course not.
Copy !req
559. So if one could see Valerie
riding the same bus with all the other kids,
Copy !req
560. eating the same lunches,
Copy !req
561. one could actually think
she was just like all the other kids,
Copy !req
562. isn't that right, Doctor?
Copy !req
563. They might, until they
actually talked to her.
Copy !req
564. I don't think
Valerie and these boys
Copy !req
565. were in the music room
for conversation.
Copy !req
566. No more questions.
Copy !req
567. Hayden told me to
take off my clothes.
Copy !req
568. And what did you do?
Copy !req
569. I laughed.
Copy !req
570. Why did you laugh, Valerie?
Copy !req
571. Because Randy and
Roscoe were laughing.
Copy !req
572. Someone must
have told a joke.
Copy !req
573. Did you take
your clothes off?
Copy !req
574. Yes.
Copy !req
575. And then Randy laid down
on top of me and started bouncing.
Copy !req
576. What was he doing?
Copy !req
577. Mmm...
Copy !req
578. He went inside me
with his penis,
Copy !req
579. and then Hayden and
Roscoe, they did it too.
Copy !req
580. Did they do anything else?
Copy !req
581. They gave me
a bottle of cream soda.
Copy !req
582. Did you drink it?
Copy !req
583. Yeah.
Copy !req
584. Did they do
anything else?
Copy !req
585. Mmm...
Copy !req
586. They put it inside me, too.
Copy !req
587. Did they laugh
about that, too?
Copy !req
588. Yes.
Copy !req
589. Before they left,
did they say anything to you?
Copy !req
590. Hmm.
Copy !req
591. They told me
I shouldn't say anything to anybody.
Copy !req
592. Sorry.
Copy !req
593. Did you
enjoy it, Valerie?
Copy !req
594. Your Honor...
Copy !req
595. Sit down, Mr. McCoy.
Copy !req
596. Answer the question,
young lady.
Copy !req
597. It made me feel pretty.
Copy !req
598. When you went
into the music room, what were you wearing?
Copy !req
599. Objection.
Approach, Your Honor?
Copy !req
600. CPL 60-48, the victim's
manner of dress is inadmissible.
Copy !req
601. Her awareness of her sexuality
and how others perceived her is central to this case.
Copy !req
602. Given the circumstances,
Mr. McCoy, it's relevant.
Copy !req
603. I'm giving notice
of intent to appeal.
Copy !req
604. Appeal all you want.
Step back.
Copy !req
605. What were you wearing,
Valerie?
Copy !req
606. I was... I was wearing
a white cut off T-shirt,
Copy !req
607. you know,
it showed off my tummy.
Copy !req
608. I have a flat tummy.
Copy !req
609. And a black mini-skirt.
Copy !req
610. That's not what you wore
to school though, is it?
Copy !req
611. No. I got changed
in the girls' room.
Copy !req
612. My dad makes me wear
boring clothes to school.
Copy !req
613. But that's not
what boys like.
Copy !req
614. You're curious
about boys and sex, aren't you, Valerie?
Copy !req
615. I think about it
all the time.
Copy !req
616. What do you do
when you think about it?
Copy !req
617. I get excited. A lot.
Copy !req
618. I know it was
wrong what we did,
Copy !req
619. but we really didn't know
she wasn't, you know, normal.
Copy !req
620. How did it come about
that you had sex with Valerie Maxwell?
Copy !req
621. Well, a friend of ours,
Gina, told us that,
Copy !req
622. you know, Valerie
wanted to have sex.
Copy !req
623. And once in the music room,
did Ms. Maxwell object to having sex?
Copy !req
624. No, sir. Like
I said, she asked us for it.
Copy !req
625. Mmm-hmm.
Copy !req
626. So you talked
to Valerie prior to having sex with her?
Copy !req
627. A little bit.
Copy !req
628. Did you notice that she had
any peculiar mannerisms or patterns of speech?
Copy !req
629. Yeah.
Sure. But, I mean,
Copy !req
630. a lot of kids in our
school are dopeheads, you know.
Copy !req
631. They all sound kind of goofy.
Copy !req
632. If she was
just another girl,
Copy !req
633. why did you instruct her
not to tell anybody?
Copy !req
634. Well, because we didn't
want to get suspended for having sex in school.
Copy !req
635. First of all, didn't you
tell the police that you didn't mind being suspended?
Copy !req
636. Yes.
Copy !req
637. And didn't you
tell dozens of people about your other girls?
Copy !req
638. Yeah.
Copy !req
639. So why didn't
you want the world to know about this conquest?
Copy !req
640. Is it because you knew
that you had crossed the fine line
Copy !req
641. between stud and rapist?
Copy !req
642. No!
Copy !req
643. Did you have a belated
attack of shame, Mr. McLaughlin?
Copy !req
644. Were you suddenly sorry
Copy !req
645. that you had taken
advantage of a girl you knew was retarded?
Copy !req
646. Objection.
Copy !req
647. Nothing further.
Copy !req
648. Have you reached a verdict?
Copy !req
649. We have, Your Honor.
Copy !req
650. The defendants
will please stand.
Copy !req
651. In the matter
of The People v. Hayden McLaughlin,
Copy !req
652. on the count of rape
in the third degree, how do you find?
Copy !req
653. We find
the defendant guilty.
Copy !req
654. In the matter
of The People v. Randall Baxter,
Copy !req
655. on the count of rape
in the third degree, how do you find?
Copy !req
656. We find
the defendant guilty.
Copy !req
657. And in the matter
of The People v. Roscoe Johnson
Copy !req
658. on the count of rape
in the third degree, how do you find?
Copy !req
659. We find
the defendant guilty.
Copy !req
660. And thank you,
ladies and gentlemen, you are dismissed.
Copy !req
661. Any motions, Mr. Painter?
Copy !req
662. Excuse me, Your Honor?
Copy !req
663. Does the Defense
wish to make a motion?
Copy !req
664. CPL 290.10, the Defense
moves to set aside the jury's verdict.
Copy !req
665. Objection.
The prosecution proved its case!
Copy !req
666. What case, Mr. McCoy?
Copy !req
667. Have we gone
so far down the road of political correctness
Copy !req
668. that sex between willing
partners is now called rape?
Copy !req
669. The girl said yes.
Copy !req
670. She has the mind of a child!
Copy !req
671. Well, she's mature enough
to be plenty intrigued by her own sexuality.
Copy !req
672. Face it, Counselor,
she had the time of her life.
Copy !req
673. Case dismissed.
Copy !req
674. Your Honor,
we've had 16 votes.
Copy !req
675. We're deadlocked
and we're not gonna come up with a verdict.
Copy !req
676. Very well.
Now you can sit down.
Copy !req
677. I have no choice here
but to declare a mistrial.
Copy !req
678. The jury is dismissed with
our thanks. Bail is continued.
Copy !req
679. Counsel, meet at the earliest
to set a new trial date.
Copy !req
680. Nice going, Counselor.
Copy !req
681. Are you
appealing the ruling?
Copy !req
682. What the hell was
Judge Wright thinking?
Copy !req
683. He hasn't
had a thought since the Carter Administration.
Copy !req
684. Doesn't have to.
Copy !req
685. He's a judge.
He's within his rights.
Copy !req
686. I'll have a notice of
appeal ready on Monday.
Copy !req
687. By the time
the Appellate Division puts its mind to this,
Copy !req
688. those boys will be
in graduate school.
Copy !req
689. Judge Wright might've
committed reversible error.
Copy !req
690. In the meantime,
the boys are free to ply their trade
Copy !req
691. and this moron is
still sitting on the bench.
Copy !req
692. Stop ranting
Copy !req
693. and find hard evidence
that the boys knew that the girl was retarded.
Copy !req
694. Spoon feed this to
Judge Wright, make him gag on it.
Copy !req
695. Bow tie straight?
Copy !req
696. Oh! Should I offer
my best wishes, Ms. Ross?
Copy !req
697. Thank you.
Copy !req
698. Fundraisers.
Copy !req
699. David proposed last night.
Copy !req
700. Set a date?
Copy !req
701. Not yet.
Copy !req
702. What rock are
we gonna turn over to find new evidence?
Copy !req
703. I told you, I don't know
how Roscoe knew Valerie.
Copy !req
704. The deal we made with
you is out the window if you don't tell the truth.
Copy !req
705. It is the truth.
Copy !req
706. All I know is
Roscoe said he knew her.
Copy !req
707. I didn't know
they were going to be mean to Valerie.
Copy !req
708. I just wanted
them to like me.
Copy !req
709. I wish Sally'd
shot them all.
Copy !req
710. Did you know
Sally had a gun?
Copy !req
711. Yes.
Copy !req
712. When did you find out?
Copy !req
713. The day before
she shot at them.
Copy !req
714. I heard she got it
from her father's restaurant.
Copy !req
715. Did you tell the boys?
Copy !req
716. Gina?
Copy !req
717. I just told them
they'd better watch out for her.
Copy !req
718. What did they say?
Copy !req
719. Randy just said
he wasn't gonna back down from any punk bitch.
Copy !req
720. Remember the principal who got
shot in the Red Hook Projects?
Copy !req
721. Caught in crossfire,
People v. Russell.
Copy !req
722. The Russellcourt
ruled that anybody
Copy !req
723. who recklessly
creates a zone of danger
Copy !req
724. is responsible
for the results.
Copy !req
725. Specifically,
harming innocent bystanders.
Copy !req
726. But the court also
said there's no liability for responding to an ambush,
Copy !req
727. which is what
Randy Baxter was doing.
Copy !req
728. Randy told Gina
he wouldn't back down.
Copy !req
729. He helped create
the zone of danger.
Copy !req
730. We can charge
all three of them with attempted murder.
Copy !req
731. It won't fly.
It's too big a stretch.
Copy !req
732. I wasn't thinking
of going to trial with it.
Copy !req
733. We could use it as a club.
All right.
Copy !req
734. Charge them all.
And lean on the weak link.
Copy !req
735. You know this
isn't attempted murder. You're just bullying the boy.
Copy !req
736. I'm going ahead
with this, Counselor.
Copy !req
737. Minimum mercy.
Maximum sentence.
Copy !req
738. Sally fired first.
She says different, she's a liar.
Copy !req
739. Shut up.
Copy !req
740. Sally Maxwell created
the zone of danger.
Copy !req
741. Randy Baxter
responded to an ambush.
Copy !req
742. Why the hell are you
charging my client with anything?
Copy !req
743. I'm charging all three.
First one who folds, gets a walk.
Copy !req
744. You know what you'll do
for attempted murder, Roscoe?
Copy !req
745. Fifteen-to-life.
Copy !req
746. I'm offering one year
for sexual abuse in the second degree.
Copy !req
747. If he testifies that he
and his pals knew Valerie's condition prior to raping her.
Copy !req
748. You can't push
Russellthis far. No court will buy it.
Copy !req
749. Do you want to take
that chance, Roscoe?
Copy !req
750. One year now guaranteed
or possibly the rest of your life?
Copy !req
751. The only ones who could say
what the truth was,
Copy !req
752. were the 12 citizens
impaneled to hear the evidence.
Copy !req
753. The jury made a mistake.
His Honor just set things right.
Copy !req
754. Even accepting that,
Copy !req
755. Mr. Johnson
was not prepared to testify at that time.
Copy !req
756. He has now sworn
that his co-defendants knew Valerie was retarded.
Copy !req
757. Another accessory.
Copy !req
758. Your Honor, you can't permit
a wholesale substitution of accomplice testimony.
Copy !req
759. Roscoe Johnson establishes
an independent source for Gina Bowman's statement.
Copy !req
760. Your Honor... Enough.
Copy !req
761. I want to hear it
from the horse's mouth.
Copy !req
762. Have Roscoe Johnson in
my courtroom first thing in the morning.
Copy !req
763. Then at least
give me the opportunity to re-examine Valerie Maxwell.
Copy !req
764. Fair enough.
Copy !req
765. I'd go to her dad's
restaurant sometimes. I saw her waiting tables.
Copy !req
766. Did the conversation
ever extend to more than your order?
Copy !req
767. She's cute so I'd try to talk
to her but it's kinda hard.
Copy !req
768. How so?
Copy !req
769. Well, at first, I don't know,
you think, she's pulling your leg or something,
Copy !req
770. acting like she's
some kinda little girl.
Copy !req
771. Uh, then you realize
she's being serious.
Copy !req
772. So you knew
she was mentally disabled?
Copy !req
773. Yeah.
Copy !req
774. She told me she was
in those special-ed classes.
Copy !req
775. It was pretty
obvious anyway.
Copy !req
776. What happened when you
met her again in school?
Copy !req
777. Gina brought her in
and I said, "Hi, Valerie."
Copy !req
778. She didn't recognize me.
Copy !req
779. Hayden asked me if I know her
how come she doesn't know me?
Copy !req
780. And that's when I told him
and Randy about her being retarded and all.
Copy !req
781. How did they respond?
Copy !req
782. They laughed.
Copy !req
783. Hayden told her, "It'd
be cool doing a retard."
Copy !req
784. Did any of the boys
ever make fun of you?
Copy !req
785. Dr. Skoda asked you
if they ever called you names, didn't he?
Copy !req
786. I told him friends
don't do that to each other.
Copy !req
787. Right.
You told him these boys are your friends, am I right?
Copy !req
788. Yes.
Copy !req
789. Did they call you a retard?
Copy !req
790. No.
Copy !req
791. Thank you, Valerie.
Copy !req
792. Valerie, before
you came in here today, Roscoe Johnson was here.
Copy !req
793. Would it surprise you
that he said Hayden did call you a retard?
Copy !req
794. Roscoe said that?
Copy !req
795. Was he lying?
Copy !req
796. No.
Copy !req
797. What did he call you?
Copy !req
798. It's very important that
you tell the truth, Valerie.
Copy !req
799. Hayden called me a retard!
Copy !req
800. Thank you.
Copy !req
801. But I told them that I'm not.
Copy !req
802. I'm just like
everybody else.
Copy !req
803. But Hayden said you were.
Copy !req
804. He called you that name.
Copy !req
805. And that's what matters here.
Copy !req
806. Thank you, Valerie.
Copy !req
807. But he didn't mean it.
Copy !req
808. He likes me.
Copy !req
809. I'm finished
with the witness.
Copy !req
810. No. Apparently,
she's not finished with you, Mr. McCoy.
Copy !req
811. Now, Valerie,
Hayden called you a retard
Copy !req
812. and you told him you
weren't, is that right?
Copy !req
813. Yes, sir.
Copy !req
814. And after that,
did he keep on calling you a retard?
Copy !req
815. No.
Copy !req
816. Did you like what
the boys did to you?
Copy !req
817. I did what I wanted.
Copy !req
818. Your Honor, the Defense
requests you deny the State's motion
Copy !req
819. to reverse
your prior ruling.
Copy !req
820. Granted.
Copy !req
821. You set aside
the jury's verdict
Copy !req
822. because you unfairly
held the State responsible
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823. for proving the
boys' prior knowledge.
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824. The State has now done so
and you still refuse?
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825. Mr. McCoy, it's over.
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826. There is no case here.
There never was.
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827. How would you know?
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828. You made up
your mind before you heard the first word of testimony!
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829. You're on thin ice,
Counselor!
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830. The Defense request
is granted.
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831. The State's motion is denied!
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832. You want to appeal?
Be my guest!
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833. I walk in the hallways
at school.
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834. And I hear
what the other kids are saying about me.
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835. They think I'm different.
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836. Well, I may not be smart,
but I'm just like everybody else.
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837. See, sometimes I see a boy
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838. and I want to talk to him.
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839. But I get nervous
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840. 'cause maybe
he won't like me.
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841. Or maybe
he'll make fun of me.
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842. But Hayden and Randy
and Roscoe, they liked me.
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843. But they made fun
of you, didn't they?
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844. I don't want to be
what they call me in school!
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845. The retard who got raped.
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846. I had sex
because I wanted to.
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847. Valerie, could you wait
outside for a moment, hmm?
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848. We still have a viable
appeal, Mr. Maxwell.
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849. No. I don't want you
to take this any further.
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850. I want her to
keep her dignity.
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851. She lied.
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852. What about the
attempted murder charges against Hayden and Randy?
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853. We'll never make
them stick in court.
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854. Let the indictment stand
anyway. Let 'em sweat.
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855. Looks like
it happened last night.
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856. We got a tip
about an hour ago.
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857. All right, CSU hasn't
finished with her yet.
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858. Oh...
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859. She went quick.
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860. Two taps,
back of the head.
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861. You did this!
You son of a bitch!
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862. If it's Jones,
we'll get him, Lennie. Whoever it is, we'll get him.
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863. She was my baby, Rey.
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864. What am I gonna do?
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865. You're gonna come
home with me, partner.
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