Law & Order 8x22

1. In the criminal justice system,

2. the people are represented by two separate yet equally important groups,

3. the police who investigate crime

4. and the district attorneys who prosecute the offenders.

5. These are their stories.

6. Hey, Emily. Hey.

7. You never heard of social promotion?

8. This kid has no business being moved up a grade.

9. He can barely read!

10. You want to take on the administration over some little underachiever?

11. Where is it?GIRL 2: Get down!

12. Amanda?

13. Amanda...

14. All I know is we were leaving

15. and somebody started shooting at us.

16. Can you find out how Amanda is?

17. She's still in surgery.

18. Did you see anybody hanging around before the shooting started?

19. We saw a couple of kids on the way out.

20. And there were three or four kids hanging out by that blue Camaro.

21. I can't believe this.

22. We got one shot-up teacher and a parking lot full of shell casings.

23. Two kids admit being in the vicinity.

24. There's a uniform inside babysitting them.

25. You got these cars listed yet? How many shots in all?

26. We recovered two slugs from the victim's car,

27. four from the bus, and the one the doctors are digging out of the victim.

28. Lousy shooting.

29. Good enough.

30. Me and Emily ran back inside when the shooting started.

31. Where were you?

32. Uh, right there.

33. Well, what did you see before the shooting started?

34. Nothing much.

35. We saw Mrs. Novak and Mrs. Ortega come out.

36. Is she gonna be okay?

37. You like her?

38. Yeah.

39. She's not like most of 'em. She's an actual human being.

40. How so?

41. She's the only one that stands up for us girls.

42. I mean, we can't walk down the halls

43. without having boys sticking their hands

44. down our bras and grabbing at us.

45. Not all the guys.

46. How does she stand up for you?

47. Well, she made Mr. Amsterdam suspend some of the boys.

48. Why's that?

49. They were hitting on girls and using the old music room to have sex in.

50. We've never had a shooting on the school grounds before.

51. Do you know of any bad blood

52. between these two teachers and anybody here?

53. The usual, nothing that would account for this.

54. What's the usual?

55. Kids who get an "F" instead of a "C,"

56. teachers who resent Mrs. Novak's rapport with the students...

57. This doesn't make any sense.

58. Didn't Mrs. Novak tell you students were having sex on campus,

59. and you suspended them?

60. Good Lord, they couldn't shoot her over that.

61. How'd she find out about it?

62. A student told her.

63. We didn't know if it was just a rumor, turned out to be true.

64. How'd you pin it down?

65. They were using the old music room.

66. It's off-limits because of asbestos.

67. We found used condoms in there.

68. So how many kids did you suspend?

69. Three boys.

70. How about the girls? Detention.

71. It was clear the boys were the instigators.

72. Kids shoot teachers over a suspension?

73. One of our witnesses said the boys who got suspended

74. were in the parking lot right before the shooting started.

75. They were gone when we got there.

76. Yeah. There was a Camaro in the lot that belongs to one of 'em.

77. The principal's rounding 'em up for us.

78. Hey, Rey. Give me a minute.

79. Listen, about that request for a transfer,

80. I'm sorry, but this just isn't the right time.

81. All right. But I'm serious about it, LT.

82. No, I know you are, and I can appreciate

83. Deborah wanting you on a desk job,

84. but if I lose a detective right now,

85. they won't give me a replacement.

86. I got you. Uh, my family has to come first.

87. So you just left your car sitting there?

88. Sure I did. Bullets flying, you just run.

89. And what did you see before you ran?

90. A guy and a girl by the entrance.

91. Then Mrs. Novak and some other teacher came out

92. and then, bam, bam, bam.

93. You didn't see the shooter?

94. We didn't even know where the shots were coming from.

95. You own a gun? Any of you?

96. No. We didn't do it.

97. So what were you doing in the parking lot?

98. We were waiting for a girl we know to get out of drama club.

99. Why? So you could take her to the music room?

100. We can't get in there anymore. They put a lock on the door.

101. Okay, thanks for your cooperation.

102. I wish I could help you. I didn't see who was shooting.

103. That school is a snake pit. The students are out of control,

104. and all the administration cares about is covering its collective ass.

105. You owe anybody money?

106. Car payments.

107. Do you have a life insurance policy

108. somebody might want to collect on?

109. I'm her beneficiary.

110. Would you mind if we speak to her alone, Mr. Novak?

111. Look, I'll be right outside, okay, honey?

112. You and your husband get along all right?

113. Oh! Lloyd didn't shoot me.

114. Who knew what time you were leaving?

115. Nobody.

116. I'm usually there till about 7:00,

117. but yesterday I decided to go home early.

118. You tell anybody? No.

119. It was a spur-of-the-moment thing.

120. I'd just had enough for one day.

121. Okay, your shooter's hiding here.

122. The CSU unit found three fresh gum wrappers.

123. So the shooter waited long enough

124. for the flavor to go out of two sticks of gum.

125. You got one bullet in the victim,

126. two in this car and four more over here.

127. Which means the shooter started firing from this corner,

128. ran this way and kept on shooting.

129. Seven 9mm shots in all.

130. The bullet that hit the victim came from the original fusillade.

131. Well, if Amanda Novak was the intended target,

132. why'd he keep on firing? Yeah.

133. So I had a team check across the street.

134. And?

135. They found three .38 slugs over there.

136. Another shooter.

137. With better aim. One of 'em hit.

138. Blood on the ground. Not much, the lab's trying to type it.

139. Do you have the trajectory for the.38?

140. Yeah.

141. The shot came from this car right here.

142. A Camaro.

143. Give it up, kid, we tossed your car, we found the gun.

144. The lab's running tests on it right now.

145. Somebody must have put it in my car.

146. Yeah. Yeah, the somebody whose fingerprints are all over it,

147. which would be you.

148. We know you got off three rounds.

149. So who were you shooting at?

150. Look, if it's your bullet that hit Mrs. Novak,

151. you're looking at 15-to-life for attempted murder.

152. It wasn't me that hit her.

153. Who were you shooting at?

154. Somebody started shooting at us.

155. I grabbed the gun from the car

156. and I shot back. I don't know who it was.

157. It was broad daylight, Randy.

158. Well, they were wearing a parka, you know, like with a hood.

159. I didn't see their face.

160. That's right. Keep on lying,

161. you're gonna be somebody's girlfriend at Attica.

162. I'm telling you.

163. I don't know who it was.

164. We're not gonna get anything out of this kid.

165. Well, go at it from the other end.

166. Have you checked the hospital reports

167. for our missing gunshot victim?

168. Yeah, nothing promising so far.

169. Well, if I was gunning for someone and missed,

170. and they shot back at me, I sure wouldn't show up the next day.

171. We checked. There were 46 kids absent today.

172. For what it's worth, three of the parents have handgun permits.

173. Well, at least that's a place to start.

174. And book Randy for possessing and discharging an illegal weapon.

175. Raymond Maxwell?

176. That's me.

177. Your daughter Sally missed school today?

178. Yeah. She sick?

179. Why are you asking?

180. Dad, I think we need new french-fry oil.

181. Honey, I've told you, you've gotta tell Gus to do that.

182. That Sally?

183. That's her big sister, Valerie.

184. What do you want with Sally?

185. You own a 9mm handgun?

186. And a permit.

187. Look, I know about the shooting at school.

188. What're you asking me questions about my gun and my daughter?

189. Is your gun here now?

190. Listen, when the police ask to see your licensed handgun,

191. you don't get to say no.

192. Seven-shot clip. Empty.

193. Emptied the old-fashioned way.

194. You been to the firing range lately?

195. I didn't take the gun. I didn't shoot anybody.

196. What's under that bandage, Sally?

197. She cut herself. Climbing over a fence.

198. She told you that? Yes.

199. Look, we found blood where the shooter was standing.

200. If we have to, we'll run a blood test on you.

201. We've got your father's gun at the lab, checking it for fingerprints

202. and matching it against the bullet they dug out of Mrs. Novak.

203. You don't play it straight with us,

204. it's gonna go real bad for you.

205. So why'd you shoot at those boys?

206. They shot at me first! I didn't mean to hurt Mrs. Novak.

207. Sally, that's enough.

208. What was the beef between you and those boys?

209. Stop it. No more questions.

210. Hey, we're gonna hear their side of the story.

211. Don't you want us to hear hers?

212. Not until I get her a lawyer.

213. Sally Maxwell? I don't even know who that is.

214. She seemed to know you well enough to want you dead.

215. So she's crazy. But I don't know her.

216. Well, maybe one of your buddies does.

217. I don't know.

218. Look, don't play me, Roscoe.

219. You guys are tight. One of you has something with a girl,

220. the rest of you know about it.

221. All right. Well, that's just it. I don't know.

222. You're starting to piss me off, Roscoe.

223. I told you what I know.

224. I want to talk to my parents.

225. Says on your school record you had a little drug problem earlier this year.

226. Yeah. I got that all cleared up.

227. Oh, yeah?

228. What, you stopped dealing ecstasy to the freshmen?

229. Look, I wasn't dealing, all right?

230. I was just middling some stuff as a favor.

231. Is that how you met Sally?

232. You did her a favor? Maybe ripped her off?

233. No. I never met her.

234. What? She was just using you for target practice?

235. Hell if I know. Maybe she was on the rag or something.

236. You make me puke, kid.

237. Someone must've lowered the standards for high school Casanovas.

238. Maybe they talk a good game.

239. You know, the way to a woman's heart is through her ear.

240. Well, talk to the girls they brought to the music room.

241. Maybe one of them can tell you about Sally.

242. Uh... I'll meet you outside, all right?

243. Yeah. He's right over there.

244. How'd it go? Smooth as silk.

245. We busted the guy with the goods.

246. Is Cathy okay?

247. Cathy was a real pro.

248. Chip off the old block.

249. The A.D.A's looking for a quick trial date.

250. Your daughter has one more piece of business.

251. Then she's home free.

252. Good.

253. Thanks for keeping me in the loop.

254. Sure thing.

255. It started with one girl who came to Amanda Novak.

256. Told her what was going on. One name led to another.

257. How many girls?

258. Five or six.

259. Sally Maxwell?

260. No. But we probably didn't get everybody.

261. Well, we're gonna need to talk to the ones you did get.

262. This is a privacy issue. These girls don't want to be embarrassed.

263. Look, I have three daughters.

264. I'm sure if this happened to them,

265. they'd want to talk to somebody.

266. Tell you what, Mrs. Davenport, you pick out a girl

267. and then you ask her if she doesn't mind talking. Fair enough?

268. I don't know anything about them and Sally Maxwell.

269. You know any reason a girl might have a beef with these guys?

270. Sure. You go with them and next thing you know,

271. it's all over school, you're a slut.

272. Is that what happened to you?

273. You wanted to go with them?

274. I used to think they were the coolest guys in school.

275. Why can't my dad be with me?

276. It's better if he waits outside.

277. Your lawyer will make sure I respect your rights.

278. Let's talk about the music room.

279. Did you have sex with Hayden, Randy and Roscoe?

280. And then they called you a slut,

281. made fun of you to other people?

282. And you got mad,

283. because you thought having sex with them

284. would make you as cool as they are.

285. No!

286. But you figured out they didn't give a damn about you,

287. so you decided to get even.

288. No.No?

289. I didn't have sex with them.

290. They raped my sister.

291. Well, Sally, why didn't you tell anyone?

292. Why grab a gun to settle the score?

293. I told Mrs. Davenport.

294. She didn't do anything.

295. Lady, covering up a felony is a felony.

296. You asked me if Sally was one of the girls and I said no.

297. And you didn't think rape was worth mentioning?

298. What the hell kind of place are you people running here?

299. We investigate what's been reported.

300. I spoke with the boys, I spoke with Valerie.

301. They said she consented, she said she consented.

302. She told her sister something different.

303. Well, maybe Sally heard what she wanted to hear.

304. She's very protective of Valerie.

305. Isn't Valerie the older sister?

306. Valerie's developmentally challenged.

307. Challenged how?

308. She's retarded.

309. Three boys gang up on a retarded girl and you just say, "Oh, okay."

310. What, are you afraid of a lawsuit?

311. I'm a guidance counselor. Not a cop.

312. So call a cop when you need one!

313. When I need one, I will.

314. There was no rape.

315. Talk to Valerie yourselves.

316. Count on it.

317. Sally said never tell anyone.

318. Why do you think she told you that?

319. Sally said what I did was bad.

320. Do you think it was bad?

321. I think it's okay to play a game with friends.

322. Did the boys tell you it was a game?

323. What game did they say it was?

324. Sex.

325. And you told them it was okay?

326. I said I couldn't 'cause Dad says sex is for when you're in love.

327. And what happened when you told them that?

328. They laughed a lot. They said they loved me.

329. And that made it okay?

330. Sure.

331. They took turns having sex with her, then put a soda bottle in her!

332. Rey, calm down. Can we make a rape case?

333. Depends how retarded this girl is.

334. Enough to believe these punks loved her.

335. That's a little inexact to take to court.

336. We need to prove she's legally incompetent to give consent.

337. Her school records put her IQ at around 65.

338. Let me get a full psych work-up. I'll call Emil Skoda.

339. We're gonna leave these boys free to line up their next conquest?

340. No. Pick 'em up.

341. So, Randy, Daddy sprung for bail, huh?

342. Stand up.

343. Sure. Beats doing squat thrusts for goofing on Fat Frankie.

344. You're gonna have to make bail again.

345. You're all under arrest for the rape of Valerie Maxwell.

346. You're kidding. No way.

347. Way, Randy.

348. You're gonna be doing your squatting and thrusting in Rikers. Let's go.

349. A rape charge requires a victim, Mr. McCoy.

350. A retarded girl is raped and sexually assaulted with a foreign object

351. and you don't see a victim?

352. You have proof the girl's incompetent?

353. Are you kidding?

354. An IQ of 65?

355. Well, it doesn't matter. Penal law 130.10.

356. The boys would have to know that she can't legally consent.

357. Otherwise, there's no crime.

358. You're gonna try to sell that to a jury?

359. That the boys didn't know she was retarded?

360. They're in the same school.

361. 4,000 students, Ms. Ross.

362. As I'm sure you know, the boys never had a class with her.

363. Lack of knowledge is an affirmative defense.

364. I don't have to prove they knew.

365. Yes. We have to prove they didn't. And we will.

366. I see we have nothing to talk about.

367. If Skoda thinks she's able to give consent,

368. we could find ourselves defending three false-arrest lawsuits.

369. I'll let you know as soon as I hear from him.

370. Why did the cops jump the gun arresting the boys?

371. They didn't want to leave them wandering the halls in search of game.

372. My mom's dead.

373. She's in heaven though and she watches over us all the time.

374. That's what Sally told me.

375. What else has she told you?

376. She told me that

377. it's very important to know the names

378. of people when you're talking to them,

379. Dr. Skoda.

380. And it's very important to look people in the eye

381. and say "Thank you" and "Please."

382. Sally takes good care of you.

383. I'm the oldest,

384. I should be the one watching after Sally.

385. Does that bother you?

386. Dad says I'm special. That's why I'm special-ed.

387. Do the other kids treat you special?

388. Nicole... Huh!

389. She spilled ice cream on my new dress.

390. Didn't even say, "I'm sorry."

391. She just called me a dummy.

392. What about Hayden and Roscoe and Randy? Did they ever call you names?

393. They're my friends.

394. Friends don't hurt each other. That's what Gina said.

395. Who's Gina?

396. She's in 12th grade.

397. Gina Bowman. She's my friend, too.

398. She told me Hayden wanted to play.

399. Valerie, can you tell me some reasons

400. why a woman might want to have sex with a man?

401. 'Cause that's what you do when somebody loves you.

402. She's a sweet girl with an IQ of 65.

403. And the school thinks exposing her to ridicule from normal kids

404. somehow does her good.

405. She understand what she did?

406. Not in any meaningful way.

407. She'd do whatever it takes to please whoever she was with.

408. Would that be obvious to another teenager?

409. That'd be crystal clear to anyone who talked to her for two minutes.

410. Those boys are gonna claim the last thing

411. they did in that music room was talk.

412. Have you spoken to Gina Bowman?

413. Who?

414. Another student.

415. Valerie said she played matchmaker for your defendants.

416. You knew what those boys wanted.

417. If you set Valerie up, you're guilty of rape.

418. I never touched her. The law doesn't care.

419. Lennie.

420. I just got a call. Your daughter's taking the stand in a half an hour.

421. Thanks. Excuse me.

422. So how'd you set it up?

423. You want to get arrested, too?

424. Hayden said I could hang with them if I got them a good-looking girl.

425. So now you're a pimp?

426. No, I just... I just...

427. You just wanted everybody to think you were cool.

428. Did you tell those boys she was mentally disabled?

429. I thought it would turn them off.

430. But Roscoe said he knew her.

431. He told the others.

432. Hayden said, "It'll be cool doing a retard."

433. Danny gave me $500 for 1,000 units.

434. Same deal we did every couple of weeks.

435. What did you tell him about the drugs?

436. I told him I stole them from the hospital.

437. Then once I left the apartment, I gave a pre-arranged signal,

438. and the detectives went up to arrest Danny.

439. Thank you.

440. Did you wear a recording device

441. when you went to Mr. Jones' apartment?

442. No.As far as you know,

443. are there any videotapes or photographs

444. of you exchanging drugs for money with my client?

445. No.

446. So we only have your word.

447. Isn't it true you once had a sexual relationship with my client?

448. Yes.

449. And isn't it true that while you were employed as a nurse,

450. attending to critically ill people,

451. you were addicted to methamphetamines?

452. Yes. And isn't it true

453. that you are here testifying

454. under a plea arrangement with the District Attorney?

455. Yes.

456. So you were allowed to plead to a misdemeanor, given no jail time,

457. for stealing thousands of pills from your hospital?

458. Yes. That's a very sweet deal.

459. Now, your father is a detective, isn't that right?

460. Yes.

461. Detective Lennie Briscoe.

462. Is that the same Lennie Briscoe

463. who was investigated by the Hellman Commission on...

464. Objection. Sustained.

465. police corruption, who was accused of stealing evidence in a drug-trafficking case?

466. Ms. Briscoe, isn't it true... Ms. Lapinsky.

467. that you were part of a scheme

468. by a corrupt narcotics squad who is trying...

469. Ms. Lapinsky! to frame my client,

470. because he refused to pay them protection money?

471. Objection, Your Honor!

472. No, I wouldn't do that.

473. Why not? The apple doesn't fall far from the tree, does it?

474. Ms. Lapinsky, the objection is again sustained.

475. I want all of that stricken. The jury will disregard the last exchange.

476. No more questions.

477. Hey, you did all right in there, sweetheart.

478. Don't you get it, Dad? My life is over.

479. I'm not gonna be able to get a job.

480. I'm always gonna be known as the meth-addict nurse,

481. who stole drugs for her dope-dealer boyfriend.

482. Why don't you come and stay with me for a while

483. till you get back on your feet, huh?

484. Dad, please! Did you hear what I just said?

485. Honey, people make mistakes and start over all the time. I did.

486. Thanks. But right now

487. I feel like you made a mistake having me in the first place.

488. Watch her back, will you?

489. Three boys who took cruel advantage of a retarded girl.

490. Another girl so desperate to be liked she became a procurer for these boys.

491. A 14-year-old child who tries to solve her problems with a gun.

492. And an innocent bystander in the hospital. Yes.

493. Good gracious.

494. Any adults at that school?

495. Briscoe says the adults are so enlightened they make his teeth hurt.

496. According to the cops, the school abdicated its custodial responsibility.

497. And where are the parents?

498. Sounds like a good campaign issue, Adam.

499. Sounds like a snake pit to me.

500. What are you planning to do?

501. Charge the boys with rape.

502. We made a deal with the girl who pimped for them in exchange for her testimony.

503. What about the little girl with the gun?

504. The wounded teacher's been very understanding.

505. She asked us not to land on the girl with both feet.

506. She sprayed a schoolyard with gunfire.

507. Want me to cut the Gordian Knot?

508. We were thinking more along the lines of a tiebreaker.

509. She seems unlikely to repeat her actions.

510. I'm not averse to a minimal sentence.

511. But she can't shoot people without penalty.

512. Offer her a year in juvenile detention.

513. The Defense is moving to suppress Gina Bowman's testimony.

514. It's hearsay.

515. Since when is an admission hearsay? They called Valerie a retard.

516. Sounds like an admission against penal interest to me, Ms. Wilderman.

517. Gina Bowman would have been charged as an accomplice,

518. if she hadn't struck a deal with the State.

519. Accomplice testimony is insufficient without corroboration.

520. Her testimony doesn't establish an element of the crime,

521. it repudiates their affirmative defense.

522. Hold on. Hold on, everybody.

523. Gina Bowman says the boys called the girl a retard.

524. The boys say they didn't. What does the alleged victim say about it?

525. Well, during the People's psychiatric examination,

526. she was asked if the boys ever called her any names.

527. She said, "No."

528. And you have no corroboration of Gina Bowman's statement?

529. No independent proof the boys knew the girl's mental state?

530. We don't need it!

531. The burden is on the Defense to prove the defendants didn't know.

532. Don't tell me my job, Ms. Ross. The statement is out.

533. Let's just throw out the rules of evidence along with it!

534. Counselor, watch yourself.

535. She has a birth defect that retards natural intellectual development.

536. Valerie Maxwell is 18 years old.

537. What would you say is her intellectual age?

538. Equivalent to a child of 12.

539. According to the adaptive behavior scale,

540. her social skills are those of a 10-year-old.

541. Could you give us your medical opinion of her decision-making ability?

542. DR. She showed no ability

543. to balance pros and cons and apply her own values.

544. Quite simply, she's incapable of making an informed decision

545. to engage in sexual activity.

546. Are you familiar with the term "mainstreaming," Doctor?

547. Yes. In Valerie's case,

548. it's an attempt to integrate someone with a mental disability

549. into what we would consider normal life

550. by having her attend a regular school.

551. But she ate lunch in a room away from the other kids?

552. DR.No, I don't believe she did.

553. Oh.

554. They had a special bus come and pick her up every day,

555. did they? No.

556. So I assume the school made her wear

557. some kind of scarlet "D" for disabled on her dress each day?

558. DR.No. Of course not.

559. So if one could see Valerie riding the same bus with all the other kids,

560. eating the same lunches,

561. one could actually think she was just like all the other kids,

562. isn't that right, Doctor?

563. They might, until they actually talked to her.

564. I don't think Valerie and these boys

565. were in the music room for conversation.

566. No more questions.

567. Hayden told me to take off my clothes.

568. And what did you do?

569. I laughed.

570. Why did you laugh, Valerie?

571. Because Randy and Roscoe were laughing.

572. Someone must have told a joke.

573. Did you take your clothes off?

574. Yes.

575. And then Randy laid down on top of me and started bouncing.

576. What was he doing?

577. Mmm...

578. He went inside me with his penis,

579. and then Hayden and Roscoe, they did it too.

580. Did they do anything else?

581. They gave me a bottle of cream soda.

582. Did you drink it?

583. Yeah.

584. Did they do anything else?

585. Mmm...

586. They put it inside me, too.

587. Did they laugh about that, too?

588. Yes.

589. Before they left, did they say anything to you?

590. Hmm.

591. They told me I shouldn't say anything to anybody.

592. Sorry.

593. Did you enjoy it, Valerie?

594. Your Honor...

595. Sit down, Mr. McCoy.

596. Answer the question, young lady.

597. It made me feel pretty.

598. When you went into the music room, what were you wearing?

599. Objection. Approach, Your Honor?

600. CPL 60-48, the victim's manner of dress is inadmissible.

601. Her awareness of her sexuality and how others perceived her is central to this case.

602. Given the circumstances, Mr. McCoy, it's relevant.

603. I'm giving notice of intent to appeal.

604. Appeal all you want. Step back.

605. What were you wearing, Valerie?

606. I was... I was wearing a white cut off T-shirt,

607. you know, it showed off my tummy.

608. I have a flat tummy.

609. And a black mini-skirt.

610. That's not what you wore to school though, is it?

611. No. I got changed in the girls' room.

612. My dad makes me wear boring clothes to school.

613. But that's not what boys like.

614. You're curious about boys and sex, aren't you, Valerie?

615. I think about it all the time.

616. What do you do when you think about it?

617. I get excited. A lot.

618. I know it was wrong what we did,

619. but we really didn't know she wasn't, you know, normal.

620. How did it come about that you had sex with Valerie Maxwell?

621. Well, a friend of ours, Gina, told us that,

622. you know, Valerie wanted to have sex.

623. And once in the music room, did Ms. Maxwell object to having sex?

624. No, sir. Like I said, she asked us for it.

625. Mmm-hmm.

626. So you talked to Valerie prior to having sex with her?

627. A little bit.

628. Did you notice that she had any peculiar mannerisms or patterns of speech?

629. Yeah. Sure. But, I mean,

630. a lot of kids in our school are dopeheads, you know.

631. They all sound kind of goofy.

632. If she was just another girl,

633. why did you instruct her not to tell anybody?

634. Well, because we didn't want to get suspended for having sex in school.

635. First of all, didn't you tell the police that you didn't mind being suspended?

636. Yes.

637. And didn't you tell dozens of people about your other girls?

638. Yeah.

639. So why didn't you want the world to know about this conquest?

640. Is it because you knew that you had crossed the fine line

641. between stud and rapist?

642. No!

643. Did you have a belated attack of shame, Mr. McLaughlin?

644. Were you suddenly sorry

645. that you had taken advantage of a girl you knew was retarded?

646. Objection.

647. Nothing further.

648. Have you reached a verdict?

649. We have, Your Honor.

650. The defendants will please stand.

651. In the matter of The People v. Hayden McLaughlin,

652. on the count of rape in the third degree, how do you find?

653. We find the defendant guilty.

654. In the matter of The People v. Randall Baxter,

655. on the count of rape in the third degree, how do you find?

656. We find the defendant guilty.

657. And in the matter of The People v. Roscoe Johnson

658. on the count of rape in the third degree, how do you find?

659. We find the defendant guilty.

660. And thank you, ladies and gentlemen, you are dismissed.

661. Any motions, Mr. Painter?

662. Excuse me, Your Honor?

663. Does the Defense wish to make a motion?

664. CPL 290.10, the Defense moves to set aside the jury's verdict.

665. Objection. The prosecution proved its case!

666. What case, Mr. McCoy?

667. Have we gone so far down the road of political correctness

668. that sex between willing partners is now called rape?

669. The girl said yes.

670. She has the mind of a child!

671. Well, she's mature enough to be plenty intrigued by her own sexuality.

672. Face it, Counselor, she had the time of her life.

673. Case dismissed.

674. Your Honor, we've had 16 votes.

675. We're deadlocked and we're not gonna come up with a verdict.

676. Very well. Now you can sit down.

677. I have no choice here but to declare a mistrial.

678. The jury is dismissed with our thanks. Bail is continued.

679. Counsel, meet at the earliest to set a new trial date.

680. Nice going, Counselor.

681. Are you appealing the ruling?

682. What the hell was Judge Wright thinking?

683. He hasn't had a thought since the Carter Administration.

684. Doesn't have to.

685. He's a judge. He's within his rights.

686. I'll have a notice of appeal ready on Monday.

687. By the time the Appellate Division puts its mind to this,

688. those boys will be in graduate school.

689. Judge Wright might've committed reversible error.

690. In the meantime, the boys are free to ply their trade

691. and this moron is still sitting on the bench.

692. Stop ranting

693. and find hard evidence that the boys knew that the girl was retarded.

694. Spoon feed this to Judge Wright, make him gag on it.

695. Bow tie straight?

696. Oh! Should I offer my best wishes, Ms. Ross?

697. Thank you.

698. Fundraisers.

699. David proposed last night.

700. Set a date?

701. Not yet.

702. What rock are we gonna turn over to find new evidence?

703. I told you, I don't know how Roscoe knew Valerie.

704. The deal we made with you is out the window if you don't tell the truth.

705. It is the truth.

706. All I know is Roscoe said he knew her.

707. I didn't know they were going to be mean to Valerie.

708. I just wanted them to like me.

709. I wish Sally'd shot them all.

710. Did you know Sally had a gun?

711. Yes.

712. When did you find out?

713. The day before she shot at them.

714. I heard she got it from her father's restaurant.

715. Did you tell the boys?

716. Gina?

717. I just told them they'd better watch out for her.

718. What did they say?

719. Randy just said he wasn't gonna back down from any punk bitch.

720. Remember the principal who got shot in the Red Hook Projects?

721. Caught in crossfire, People v. Russell.

722. The Russellcourt ruled that anybody

723. who recklessly creates a zone of danger

724. is responsible for the results.

725. Specifically, harming innocent bystanders.

726. But the court also said there's no liability for responding to an ambush,

727. which is what Randy Baxter was doing.

728. Randy told Gina he wouldn't back down.

729. He helped create the zone of danger.

730. We can charge all three of them with attempted murder.

731. It won't fly. It's too big a stretch.

732. I wasn't thinking of going to trial with it.

733. We could use it as a club. All right.

734. Charge them all. And lean on the weak link.

735. You know this isn't attempted murder. You're just bullying the boy.

736. I'm going ahead with this, Counselor.

737. Minimum mercy. Maximum sentence.

738. Sally fired first. She says different, she's a liar.

739. Shut up.

740. Sally Maxwell created the zone of danger.

741. Randy Baxter responded to an ambush.

742. Why the hell are you charging my client with anything?

743. I'm charging all three. First one who folds, gets a walk.

744. You know what you'll do for attempted murder, Roscoe?

745. Fifteen-to-life.

746. I'm offering one year for sexual abuse in the second degree.

747. If he testifies that he and his pals knew Valerie's condition prior to raping her.

748. You can't push Russellthis far. No court will buy it.

749. Do you want to take that chance, Roscoe?

750. One year now guaranteed or possibly the rest of your life?

751. The only ones who could say what the truth was,

752. were the 12 citizens impaneled to hear the evidence.

753. The jury made a mistake. His Honor just set things right.

754. Even accepting that,

755. Mr. Johnson was not prepared to testify at that time.

756. He has now sworn that his co-defendants knew Valerie was retarded.

757. Another accessory.

758. Your Honor, you can't permit a wholesale substitution of accomplice testimony.

759. Roscoe Johnson establishes an independent source for Gina Bowman's statement.

760. Your Honor... Enough.

761. I want to hear it from the horse's mouth.

762. Have Roscoe Johnson in my courtroom first thing in the morning.

763. Then at least give me the opportunity to re-examine Valerie Maxwell.

764. Fair enough.

765. I'd go to her dad's restaurant sometimes. I saw her waiting tables.

766. Did the conversation ever extend to more than your order?

767. She's cute so I'd try to talk to her but it's kinda hard.

768. How so?

769. Well, at first, I don't know, you think, she's pulling your leg or something,

770. acting like she's some kinda little girl.

771. Uh, then you realize she's being serious.

772. So you knew she was mentally disabled?

773. Yeah.

774. She told me she was in those special-ed classes.

775. It was pretty obvious anyway.

776. What happened when you met her again in school?

777. Gina brought her in and I said, "Hi, Valerie."

778. She didn't recognize me.

779. Hayden asked me if I know her how come she doesn't know me?

780. And that's when I told him and Randy about her being retarded and all.

781. How did they respond?

782. They laughed.

783. Hayden told her, "It'd be cool doing a retard."

784. Did any of the boys ever make fun of you?

785. Dr. Skoda asked you if they ever called you names, didn't he?

786. I told him friends don't do that to each other.

787. Right. You told him these boys are your friends, am I right?

788. Yes.

789. Did they call you a retard?

790. No.

791. Thank you, Valerie.

792. Valerie, before you came in here today, Roscoe Johnson was here.

793. Would it surprise you that he said Hayden did call you a retard?

794. Roscoe said that?

795. Was he lying?

796. No.

797. What did he call you?

798. It's very important that you tell the truth, Valerie.

799. Hayden called me a retard!

800. Thank you.

801. But I told them that I'm not.

802. I'm just like everybody else.

803. But Hayden said you were.

804. He called you that name.

805. And that's what matters here.

806. Thank you, Valerie.

807. But he didn't mean it.

808. He likes me.

809. I'm finished with the witness.

810. No. Apparently, she's not finished with you, Mr. McCoy.

811. Now, Valerie, Hayden called you a retard

812. and you told him you weren't, is that right?

813. Yes, sir.

814. And after that, did he keep on calling you a retard?

815. No.

816. Did you like what the boys did to you?

817. I did what I wanted.

818. Your Honor, the Defense requests you deny the State's motion

819. to reverse your prior ruling.

820. Granted.

821. You set aside the jury's verdict

822. because you unfairly held the State responsible

823. for proving the boys' prior knowledge.

824. The State has now done so and you still refuse?

825. Mr. McCoy, it's over.

826. There is no case here. There never was.

827. How would you know?

828. You made up your mind before you heard the first word of testimony!

829. You're on thin ice, Counselor!

830. The Defense request is granted.

831. The State's motion is denied!

832. You want to appeal? Be my guest!

833. I walk in the hallways at school.

834. And I hear what the other kids are saying about me.

835. They think I'm different.

836. Well, I may not be smart, but I'm just like everybody else.

837. See, sometimes I see a boy

838. and I want to talk to him.

839. But I get nervous

840. 'cause maybe he won't like me.

841. Or maybe he'll make fun of me.

842. But Hayden and Randy and Roscoe, they liked me.

843. But they made fun of you, didn't they?

844. I don't want to be what they call me in school!

845. The retard who got raped.

846. I had sex because I wanted to.

847. Valerie, could you wait outside for a moment, hmm?

848. We still have a viable appeal, Mr. Maxwell.

849. No. I don't want you to take this any further.

850. I want her to keep her dignity.

851. She lied.

852. What about the attempted murder charges against Hayden and Randy?

853. We'll never make them stick in court.

854. Let the indictment stand anyway. Let 'em sweat.

855. Looks like it happened last night.

856. We got a tip about an hour ago.

857. All right, CSU hasn't finished with her yet.

858. Oh...

859. She went quick.

860. Two taps, back of the head.

861. You did this! You son of a bitch!

862. If it's Jones, we'll get him, Lennie. Whoever it is, we'll get him.

863. She was my baby, Rey.

864. What am I gonna do?

865. You're gonna come home with me, partner.