The Accused (1988) - full transcript

(SCREAMING)

FEMALE OPERATOR:
Birchfield County
Sheriff Emergency.

KEN: Hello,
I'd like to report there's
a girl in trouble.

Sir, may I have
your name, please?

Would you listen?
There's a girl in trouble.

It's The Mill.
It's the bar on Mill road.

Sir, I'm sorry.
I must have...

Would you listen
to me, goddamn it?

(PANTING) Stop!
(CAR HONKING)

Stop!

(HONKING)
Stop!



That's a rape! I noticed
there's three or four guys!

I don't know.
There's a whole crowd.

There's a whole crowd!
I will send someone down...

But first, I need your name.
(TRUCK HONKING)

Just hurry!
Send somebody!

(CAR HONKING)

(CAMERA SHUTTER CLICKS)
FEMALE ORDERLY:
Raise your chin

NURSE: What kind of
contraceptive do you
normally use?

(SOFTLY) I.U.D.

When was your last period?
Show me your hands, please.

Uh, 10...

(CAMERA CLICKS)

...12 days.

Bad cramps.



What's your usual cycle?

Turn around.

Raise your gown, please.

Uh, 26-27 days.

Aren't you going
to examine me?

Your leg.
I need some more
history first.

FEMALE ORDERLY:
Your leg, please.

Before the incident,
when was your
last intercourse?

(CAMERA CLICKS)

FEMALE ORDERLY: Turn around.
Lower your gown, please.

A while.

Can you be
more specific?

FEMALE ORDERLY:
Please, lower your gown.

Uh... Two weeks.
(CAMERA CLICKS)

Are you sure?
Yeah.

Sarah, have you ever had
a venereal disease?

No.

Hi, Sarah.

I'm Carol Hunnicutt
from the Rape Center.

Is there anyone
you'd like me to call?

Well, I'm here to help.

So, if there's anything
I can do,
let me know, okay?

Try to relax.

You're tensing. Easy.

Breathe deeply for me.
(INHALING)

Easy.

Easy. One more.
Hold on.

(GROANING SOFTLY)

I'm going to comb
for hair, Sarah.

Not yours. Theirs.

NURSE: Now,
let's get you down.

(LAMPSHADE CREAKING)

I want to scrape
under your nails,

in case you
scratched one of them.

(KNOCK ON DOOR)

Sarah,
this is Kathryn Murphy.

She'll be the
deputy district attorney
for your case.

Hi, Sarah.

You can take a shower now
and a douche.

The ladies' room
is down the hall
and on your left.

I brought you
something to wear.

I hope you don't mind gray.

Have you got
any mouthwash?
Sure.

(SIGHING)
A lot of alcohol.

Legally drunk.

And grass, too.
What else?

What difference
does that make?

She was raped
by three men.

I'm not a rape counselor.
I'm a prosecutor,

and I have to make
a rape case.

Then go prosecute.

I'll wait in the
Supervisor's office.

WOMAN: (OVER PA)
Surgical resident to the ER.
Stat.

Murphy?
101.

Thank you.

And I heard
somebody screaming,
and it was me.

(KNOCKING)

Sarah, this is
Detective Duncan.

Dunc. How you doing?

KATHRYN:
Would you recognize
any of the men?

Yeah.

The Mill is still open.
We'd like you to go
over there with us.

See if you could
make a positive ID.

No, we'd be right
there with you.

If you want to get them,
I need your help.

Yeah.

(INDISTINCT CONVERSATIONS)

KATHRYN: Do you recognize
any of your attackers?

Yeah.

KATHRYN: Let's go.

(WHISPERING) The guy
in the yellow T-shirt.

Check the back room.

The one in the vest.

Are there any others?

(MAN COUGHING)

No.

KATHRYN: John, could you
take her out to my car,
please?

I'll be there in a minute.

Excuse me, sir.

(TV PLAYING)

I'm Kathryn Murphy,

deputy district attorney
in Birchfield County.

We have a report
of a felony committed
on these premises.

Felony?
I have a search warrant
signed by Judge Cutler.

This is Detective Duncan.
He's in charge of
the investigation.

You want to turn down
the television set
so we can talk in peace?

Hey, Polito.
How you doing?

I didn't think
I was gonna see you
for a couple of years.

(SARAH HUMMING)

The college one
wasn't there.

Kurt, Danny,
and the college one.

My girlfriend Sally
was there.

Bob's the college one. Bob.

Did you go to college?

Oh, yeah. You're a lawyer.
Of course. Stupid.

Turn right here.

Uh, listen, uh...

Listen, maybe you should
just leave me off here,
you know...

'Cause...

'Cause, um...

He's probably asleep.

He likes to get stoned,

listen to music,
and fall asleep.

You okay?

Yeah...

My eyes hurt.

Are you married?
No. You?

No.

My ma was married
for 10 years,

but he left
when I was born.

Are you into
astrology at all?

Um... No, I'm not.

That's too bad.
I could do your chart
for you.

When were you born?

1959.

Oh.

I sure hope
I can wake him up.

You want me to
come in with you?

Can I ask you a question?

Does my face
look really bad?

No.

He likes to touch my face.

(MUSIC PLAYS SOFTLY)

I wish I knew
what to say.

What?

I said I wish
I knew what to say.

You want to
take a drive?

Get some air, cool out.

No.

Okay.

I'll be back in a while.

(DOOR CLOSES)

(MOTORCYCLE STARTING)

(CHIMING)

(DIALING)

(RINGING)

WOMAN: Hello?
Hi. It's me.

Sarah, it's awfully late.

Is something wrong?
(YAWNING)

No. Nothing's wrong.
No special reason.

I just figured
I'd say hello.

You lost your job?
No.

How's Amos?

Gone.
Already?

Thanks a lot, Sarah.

I... I wasn't making fun
of you, Ma. I was...

Are you calling
for some money?

No. I don't need
any money.

I was just thinking...

I was thinking
maybe I'd drive out,

maybe I'd come out
for a week or so.

You're in trouble,
right?

No, I'm not in any
trouble, Ma.
I just figured...

I'm going away.

Where?

Florida.

Oh. Oh.

That sounds like fun.

Listen, Ma, you have
a good time, okay?

Hey, how's Sadi doing?

She's fine.
I just got her a new
flea collar, so...

Oh. Will I
talk to you soon?

Yeah, real soon.

Um... It's kind
of expensive to call.

That's why I don't...
Okay.

Look, I've got to get up
in two hours.

Yeah. All right. Uh...

You go back
to sleep, Ma.

You take care.

(CLEARS THROAT) Hmm.

Bye.
Bye.

(INDISTINCT CONVERSATIONS)

SARAH: It's the one
in the green sweater.

Green sweater.

BOB: All right. All right.
You want to back up, boys.
Just a second.

County sheriff.
Your name Bob?
Yeah.

Come on. You want to put your
hands on the car over there?
Why?

Because you're under arrest.
Put your hands on the car!
For what?

You're under arrest.
For what?

Put your hands on the car!

"You have the right
to remain silent.

"If you give up the right
to remain silent,

"anything you say can and
will be used against you
in a court of law.

"You have the right to an
attorney during questioning."

Paul, call my dad!

"If you cannot afford
an attorney, one will be
appointed to you by the court.

"You have the right
to make one phone call."

Do you understand the rights
I just read to you?
BOB: Yes.

POLICEMAN: Fine.
Join us, please.

Your Honor, we expect to
indict for first-degree
felony.

Your Honor, my client has
no prior record.

And in a crime like this,
there's a genuine risk

of the defendants
fleeing the jurisdiction.
Your Honor, my client...

I'd like him released
to his family
without bail...

Your Honor, this is a crime
of extreme violence.

The victim has legitimate
concern for her safety if...

(POUNDS GAVEL)

$10,000 each.

(INDISTINCT MURMUR)

Could I have a glass
of water, please?

She's not moving in.
It's only two days.

That's what
she said last time,

and she was here
for three months.

(INDISTINCT CONVERSATIONS)

Miss!

Yeah.

I ordered this well-done.
It's raw.

Oh, I'm sorry. I'll have it
for you in a minute.
No problem.

Yeah, and I asked
for some ketchup.

Right, I'm just going
a little senile today.

FEMALE REPORTER: Three men
accused of raping a young
woman at a local bar

were released today
on $10,000 bail.

Lawyers for the accused men
expressed confidence

that the facts of
the case will reveal

that the young woman
was not actually raped.

Our defense is simple.
There was no rape.

The so-called victim
consented enthusiastically
to all of the alleged acts.

(WHISTLING)
She put on a show.
Pure and simple.

(WHISTLING CONTINUES)
FEMALE REPORTER:
Thank you, Marcia.

The on-again, off-again debate
between the five candidates
vying for the council seat

of Daniel Fine
now appears to be on again.

Representatives for
the candidates
met for four hours,

behind closed doors
at the federal...

All right. Bye.
(KNOCK ON DOOR)

Who is it?
Kathryn Murphy.

Why did you let
them out on bail?

I didn't let them out.
It's standard procedure.

Until a jury
finds you guilty,

you're free
if you can post bail.

The guy on TV
made it sound like
I did a live sex show.

Well, that's not
the last time that
that's gonna happen.

May I come in?

Oh, yeah.
Come on in.

(DOG BARKS)
Sadi, shut up.

The bartender at The Dugout
said you were sick.

You went looking for me?

Oh, well, I had
to go to the doctor,

and nobody
at work knows.

Come on, Sadi.

Um...
You want a seat?

Uh... Would you like
something to drink?

I could really
use a drink.

Um, thank you, no.

Just to smooth out the edges
a little bit, you know?

Uh, listen, what time
were you born?

I already told you
I didn't believe
in that astrology.

Oh, so what? I do.

What time?

At night, 7:00.
August 9th.

Oh, where?

Portland.
Do you always drink
to smooth out the edges?

No, no. Sometimes I'll take
a hit of pot or something.

Why? You want some?

Did you have anything
to drink before you
went to The Mill,

or smoke anything?

Oh, half a joint,
a couple of beers, you know.
Nothing heavy.

And while you were there?

I don't know. I mean,
I wasn't falling-down
drunk or anything.

How were you dressed?

What's that supposed
to mean?

It means were you
dressed provocatively?

Showing a lot of cleavage,
see-through blouse?

What the fuck difference
does it matter
how I was dressed?

They tore it off me!

Did how you dress make
those guys think that they
could have sex with you?

Did you put on a show?

What the hell are
you talking about?

You saw me
at the hospital.

Well, you think
I asked for that?

Is that what you think?

If that's what you think,
you get the fuck out
of my house!

Why didn't you tell me
that you had a record?

Fuck you!

I ain't got no record.

You want to tell me
about it?

All right. Look...

(SIGHING) I was...
I was helping my girlfriend
move with a U-Haul, you know.

We were going through Jersey,
and we ran into this cop,
right?

And he sees we got
a busted tail-light,

he pulls us over,
he starts looking
through her desk,

and all sorts of stuff
she's got in the back and
he finds half-a-gram of coke.

It was nothing big,
you know.
It was her desk.

It wasn't my desk.
It was her stuff.

So, why is it still
on the books?

I don't know.
You tell me.

I mean, my record
was definitely, uh...

Expunged?
Yeah, expunged.

Have you ever made love to
more than one man at a time?

What the fuck kind
of question is that?

It's the kind of question
you're gonna be asked
on the stand.

You're also gonna be asked
if Larry or any other man

has ever hit you
and if you liked it.

You're gonna be asked
about your drug bust,

and how many drinks
a day you have
to smooth out the edges.

And how many joints.

And how often you go
to bars alone,

and whether or not
you wear underwear
when you go to them,

and which diseases
you've caught,

and how many abortions
you've had.

And I will object
to all those questions.

And sometimes the judge
will sustain me,

but sometimes not.

That ain't fair.

Sarah, you're a witness.

And it's the defense's job
to show the jury that
you're a rotten witness,

because you've got
a rotten character.

I got a rotten character?

You ain't gonna defend me
because I'm some
low-class bimbo, right?

I didn't say that.

Will those bastards
go to jail?

Is that
what you want?

I want those motherfuckers
put away forever.

KATHRYN: Sarah said that
you were here with her
that night.

Uh, yeah, I was here,
but I didn't see
what happened.

But if Sarah says
she was raped,
she was raped.

Can you identify
any of the men
who assaulted her?

Uh-uh. I was out there.

And anyway,
there were a bunch of guys
blocking the doors.

So I really couldn't see.

And it was the end of
my shift so I left while
she was still in here.

Do you know
any of these guys?

Uh-uh.
There's a bunch of them
that were real rowdy.

You know,
yelling, clapping.

I really just thought
she was partying,
you know.

Well, is there anyone
that you can identify?

Like how?

Well, did you notice
anything different about
any of them?

Let's say long hair,
beard, mustache,

birthmark,
bandana, jewelry,

scar, tattoo?

Tattoo, yeah.

Well, can you
describe it?

A scorpion. This one guy,
he had a scorpion.

How many drinks
would you say she'd had?

(SIGHING)

I don't know.
She was pretty loaded.

I mean, she just had this
big fight with Larry...

The guy she lives with.

She just needed
to cool out a little.

What do you know
about Larry?

Not much,
except he's an asshole.

I mean,
he says he's a musician,
but he's just a dealer.

He rides
a motorcycle.

Come on, man,
give me a break.

These guys are
my bread and butter.

You sure you didn't
see anyone else?

Some kid
I never seen before.

Played one of the video
machines all night.

Who was with him?

Nobody I saw.

I'll tell you what, Jesse.

I'm gonna have to phone
the state liquor authority

and tell them how you
kept on serving up
the booze,

while a violent felony
was being committed
in your back room.

Ready?
Uh-huh.
Thanks, Jesse.

We'll talk.

I need these by 11:00.
See you tomorrow.

Is he free?

Game time. Let's go.

I know. Just a second.

I don't believe this.
I really don't believe this.

Tina, where the hell
are the tickets?

Gave them to me
to hold.

How you doing
on Tobias?

We'll talk about it
at the game.

You know what parking
is like there...

Tina, if Charley calls,
I'll be home after 11:00.

(SPECTATORS CHEERING)

Hey, Ref, crosschecking!

Open your eyes, will you?

Take him out, Donovan!
Take him out!

(CRASHING)

You two, play hockey!
Did you see that?

Thanks.

Here.
Thanks.

If I take it to trial,
they'll destroy her.

She walked in there alone,
she got drunk,
she got stoned.

She came on to them.
She's got a prior
for possession.

That's inadmissible.

Sure it's inadmissible,
but they'll ask her
about it.

I'll object,
the judge will sustain,
but the jury will hear it.

She's a sitting duck.

I read her Q and A.

Gang raped on
a pinball machine.

It's an ugly case.

Question is, is it
a winnable case?

Kathryn, we understand
that you love to win.

But I can't let you
dismiss this because
you don't have a lock.

A lock?
I don't have a case.

Her girlfriend
didn't see anything.

The bartender
didn't see anything.

The others either
didn't see anything,

or didn't think anything
special was going on.

Now, I got Polito,
but the minute the
defense brings up

that he's on probation,
they'll know that
we squeezed him.

He's useless.

What about
the guy who called?
The one who reported it?

We have his voice on tape,
but we don't know who he is,

or where to look for him.

Well, Kathryn, do you
believe she was raped?

Yes, but
I can't win it.

They can't walk.
So make a deal and
you put them away.

A deal with what?
You got enough.
Go for rape two.

(LAUGHING)

Any felony, as long as
it's a violent one,
uh, assault,

coercion, reckless
endangerment...

Menacing...
That's even better.
I can't do that.

You said she was raped,
so make a deal
and put them away.

I don't care if they only
get six months in county.

Just make a deal
and put them away.

(BUZZER RINGING)

MAN: (ON TV)
You understand, Mr. Polito,

that you'll be testifying
before a grand jury
and at a trial?

Yeah, I got that.

MAN: And you realize that
you'll be testifying

against people
you're acquainted with?

Yeah.

MAN: Mr. Polito, have I,
or anyone in the sheriff's
department,

or anyone in Miss Murphy's,
the district attorney's office

offered you any inducement
to testify?

Money, gifts, anything?

No.

MAN:
Thank you, Mr. Polito.

Well, he's just a taste.

The bar was filled
with witnesses.

We know who they are
and we anticipate

that they'll all
testify for the people.

Anticipate?
A 100 says you'll have
to drag them into court.

Another 100 says,
they'll be useless, because
they were too drunk.

Whatever you say.

Keep in mind that
under the law,

we don't need corroboration
to prove rape.

We do have medical evidence.
No doubt about penetration.

And physical evidence.
No doubt about force.

What will you take?

Rape one.

We were thinking
more on the line of say,
sexual abuse two.

Rape one.

Maybe I could convince
the judge not to give
them the maximum.

I'd rather go to trial.

Fine.

Oh, uh, by the way,
no separate deals.

One goes to trial,
all go to trial.

What would you say
to sexual abuse one?

I'd say rape one.
Kathryn, cut the crap.

This guy, Polito,
looks like shit.

If you had anybody better,
you'd have shown us his tape.

And your
complaining witness?

She walked into a bar,
got loaded, and stoned

and did everything
but yank their dicks.
No jury will buy her.

What would you say
to rape two

with a recommendation
for one year?

I'd say go to hell.

Miss Murphy, are you sure
you're in a position
to be quite so...

Shall we say adamant?

A rape trial is...
KATHRYN: Is always a gamble.

I agree Mr. Henlan.
And I know your reputation.

But look at
these photographs.

This is what the jury
is going to see,

and they're gonna
see the girl, too.

And you can't tell it
from these, but she's tiny.

She's the most defenseless
looking thing you ever saw.

And if we go to trial
and you lose,

I'm gonna ask for 15 to 25,
and I'll get it.

18 months.

Stop dancing.
What's your best offer?

Two to five.
Rape two.

Look, with luck, your boys
will be out in nine months.
That's a gift.

On one condition.

I'll accept that on
behalf of my client,

if the formal charge is
changed to one without
the sexual element.

He's a kid of 22.

He's an "A" student.
He's got a future.

I can't do that.

He won't plead guilty
to a sexual offense.

Assault?

Coercion?

Reckless endangerment?

Malicious...
Reckless endangerment.

FEMALE TV REPORTER:
The theft occurred
about 5:30 a.m.

as the woman and her
husband were about to drive

from their house
to a restaurant.

MALE TV REPORTER:
Three men accused of
raping a young woman

in the game room
of a local bar

pleaded guilty today
to a reduced charge of
reckless endangerment.

They were sentenced to
two-and-a-half
to five years in prison.

Neither the district
attorney's office

nor spokesmen
for the defense

would officially comment
on the plea bargain.

No explanation was given for
the reduction in charges

from rape to
reckless endangerment.

A source close
to the defense

hinted that it was because
the young woman,

who was the alleged
victim in the case,

would not have made
a strong witness
for the state.

WOMAN: Oh, come on! You...
(INDISTINCT CONVERSATIONS)

It was... It was red.
WOMAN: Red? Oh!

Where do you
want these?
Um... There.

I think this looks raw.

(DOORBELL RINGING)

Oh, shit!
I'll get it.

Thanks.

Here we go.

Now, this is an experiment,
so I want you all to be kind.

Excuse me? Excuse me!

You double-crossing bitch!
You sold me out!

Sarah...
Did you see this? Huh?

Did you do this?
Is this what you did?

Excuse us...
Yeah, I wouldn't make
a good witness, right?

I'm too fragile.
My past is
too questionable.

I'm a drunk!
I'm a pothead,
a drug addict!

I'm some slut that got
bounced around a little bit
in a bar, right?

So I didn't get raped, huh?
I never got raped.

Of course you were raped.
How come
it doesn't say that?

How come it doesn't say
"Sarah Tobias was raped"?

What the fuck is
reckless endangerment?

It's a felony that carries
the same prison term as rape.

Now you asked me
to put them away,

and that's exactly
what I did.

Yeah. Well, who the hell
are you to decide

that I ain't good enough
to be a witness?

Huh, I bet you if
I went to law school

and I didn't live in
some goddamn dump,

I would be
good enough.
I understand how you feel.

I did my best.

You understand...
You don't understand
how I feel!

I'm standing there
with my pants down

and my crotch hung out
for the world to see,

and three guys
are sticking it to me,

and a bunch of other guys
are yelling and clapping,

and you're standing
there telling me

that that's the best
you can do!

Oh, if that's the best
you can do,
then your best sucks!

Now, I don't know
what you got
for selling me out,

but I sure as shit
hope it's worth it!

(DOOR SLAMS)

(PLAYING KEYBOARD)

Wow. What did you do?

(LAUGHING)
That looks weird.

I needed a change.

Hey, it's nothing heavy.
It's just, uh...

I'm not used to it.

Stop. All right? Stop.

When are you going to
get over this, Sarah, hmm?

You know, you're gonna
have to snap out of this
pretty soon,

'cause it's getting boring.

Get out of here.

Fine.

Be back in a couple hours.
No.

You get the fuck out
and don't come back.

Shit. You can cut your
fucking hair any way
you want.

This is my house.
I don't want you in it.
Now get out.

Fine. I'm gone.

(MOTORCYCLE ROARING)

(BREATHING DEEPLY)

(SOBBING)

(FUNKY MUSIC PLAYING)

You caught me.
I'm sorry.

Look, this' gonna sound
like the worst kind of crap...

But I seen you somewhere...
You're right.

It's the worst
kind of crap.

I have seen you.

You're a friend
of Johnny Alworth's sister,
right?

No.

It was Duck Island.
Last Sunday afternoon.
Softball game.

Your hair was different.
No.

Yes. It was longer.

Look, I live with
somebody, okay?

All right?
I got it. Sorry.

He's a lucky guy.

CLIFF:
You sure you don't want
to go out tonight?

Huh?

Oh, I got a smile!

Well, it's a start.

Hey, Sexy Sadi,
what about it?

Look, I told you.
I live with somebody,
all right!

I don't mind.
I'm liberated.

Well, I do. I mind.
'Cause I do know you,
Sexy Sadi.

You just got me mixed up
with somebody else.
Nope.

You're the girl from
The Mill that night, hmm?

(LAUGHING)

I remember Sexy Sadi!
I do know you. Am I right?

Hey, Sexy Sadi.

Hey. Hey.

Hey, I know you!
Oh, do I remember you!

(LAUGHS MOCKINGLY)

Hey, look, lady!

Look, lady!

(CLIFF CONTINUES MOCKING)

(ENGINE SPUTTERING)

(TIRES SCREECHING)

(BRAKES SCREECHING)

(LAUGHS MOCKINGLY)

Hey, want to
play pinball?

(LAUGHING)

(TIRES SQUEALING)

(ENGINE ROARING)

(TIRES SCREECHING)

(LOUD CRASH)

CLIFF: I always have
paid my bills!
I'm sick and tired of this!

Come on, let's go.
Come on.

WOMAN: I'm sorry.
Come on!

I'm sorry about this,

but I do know that I did
make the payment...

(INDISTINCT CONVERSATIONS)

Come on, babe!

Okay, I'll phone you.
Thanks.
Fine.

You can go in now.
Keep it short.

Thanks.

Sarah?

What happened?

"Want to play pinball?"

What?

That's what he said.

"You want to play pinball?"

He sees
I'm a piece of shit.

Everybody figures
I'm a piece of shit.

Why not?

You told them that.

I never got to tell
nobody nothing.

You did all my talking
for me.

Uh... I don't get it.

I thought you were
on my side.

You told me
you were on my side.

Why'd you do that?

CLIFF: Sorry, Officer,
but it's just
one of those days.

All my insurance
is no good here.

I pay bills!
I pay all my bills!
What happens?

Okay, now. Come on!
I just want to tell
the officer. Fine!

I'm sorry. Okay?

How's your head?
Oh, great! Just great.

Honey, just wait here.
I'll go get the car.

Excuse me, sir.
(PANTING)

I'm sorry to bother you.

What exactly happened?

Exactly...
She rammed my truck.

I was minding
my own business.

She drove her car
into my truck, all right?

Do you know why?

How do I know
why she rammed me?
She's nuts!

Do you know her?

No, I don't know her.

She's a whore!
Last time I saw her,
she was doing a sex show.

Come on!
You watched?

Bet your ass, I watched.
She put on a great show.

I thought
she was raped.

Raped? She fucked
a bar-full of guys,

then she turns around
and blames them for it!

Listen, lady,
she loved it!

She had an audience.
She did the show
of her life.

Come on, move over.
Move over!
Hey, honey...

Next time she does
another show,

tell her I'll be
right there
to cheer her on!

(TIRES SCREECHING)

KEN ON TAPE: Hello,
I'd like to report there's
a girl in trouble.

FEMALE OPERATOR: Sir, may I
have your name, please?

There's a girl in trouble.
It's The Mill.
It's the bar on Mill road.

Sir, I'm sorry.
I must have your name.

There's an assault
going on in there.

It's a rape, okay?
There's three or four guys.

I don't know.
There's a whole crowd.

I will...

(REWINDS TAPE)

KEN: There's an
assault going on.

It's a rape, okay?
There's three or four guys.

I don't know.
There's a whole crowd.

(REWINDS TAPE)

KEN: ...three or four guys.
I don't know.
There's a whole crowd...

(BOTH SPEAKING INDISTINCTLY)

Please send
somebody, okay?

KATHRYN: "...or otherwise
attempts to persuade
another person

"to commit a felony."

Please, I know about
criminal solicitation.

But in this case,
it simply doesn't apply.

It's not the intent
of the statute.

Listen again.
"A person is guilty of
criminal solicitation

"if he commands,
induces, entreats,

"or otherwise attempts
to persuade another person
to commit a felony."

You can read it to me
till you're
blue in the face.

I am not going to let you
prosecute a bunch
of spectators.

They're not spectators.
They solicited the rape.

Do you really want to go into
court and ask a jury

to lock up a bunch of people
for clapping and cheering?

Clapping, cheering,
pushing, goading.

Getting the rape going
and keeping it going.

What happens if you lose?

You'll look like
an incompetent.

If you win, you'll look
like a vengeful bitch.

Either way,
you hurt yourself and
you hurt this office.

Now drop it. You've got more
important things to do.

No, I haven't.

You haven't got more
important things to do

than go to trial
with a sure loser?

What the hell
has gotten into you?

We owe her.

Owe her what?
We put the rapists away.

I owe her.

I see. You want
to spend my money

to put a bunch
of spectators on trial.

A trial you'll lose
because you owe her!

No!

You don't get to
use this office
to pay your debts.

No!

I am going to try this case,
and you're not gonna stop me.
I'm not?

Kathryn, you're an ace.

You've got
a great future.

Don't put it
in jeopardy.

What are you
gonna do, fire me?

Go right ahead.

My first case will
be a civil suit against

the rapists, the solicitors,
the bar, and the state.

And I will show that
Sarah Tobias wound up
in the hospital

because this office
sold her out.

I will subpoena your records,
put you on the stand,

and cross-examine you
on every sleazy plea bargain
this office ever made.

All right.
You go try your case!
You have a good time!

Because win or lose,
you're through!

What are you looking at?
Get back to work!

(HEAVY METAL PLAYING)
(KNOCK ON DOOR)

KATHRYN: Sarah?

I'd like to talk to you.
May I come in?

We got nothing
to talk about.

Yes, we...

Get out of here!

(HEAVY METAL CONTINUES)

Who the hell do you
think you are?
(MUSIC STOPS)

I have to talk to you.

Get out of my house.

Will you listen
to me, please?

I'm listening.

Sarah, I made a mistake.

Before I agreed to the deal,
I should have offered
you the choice

of going to
trial and testifying.

I can offer that
to you now.

I found a way for you
to go into court

and testify that
you were raped.

The case is over.
The rape case, sure.

Well, you made
sure of that,
didn't you?

I want to prosecute
the others,

the ones who
cheered and clapped,

the ones who
made it happen.

So you can make
another deal?

No. I'm not gonna make
any more deals.

If I prosecute
the others,

the rapists will stay in jail
for the full five years,

and the rape
will go on record.

The deal won't matter,
because the rape
will go on record.

You really want to do that?

Only if you help me.

I need you to testify.

I get to tell my story?

Yes.

You alone now?

Yeah.
I kicked him out, right?

While I was laid up,
he came back to pick up
all of his stuff, you know.

What's his is his,
what's mine is his.

Thank God,
he left me the radio.

Anything I can do?

Yeah.

What?

No deals.

No deals.

No deals.

(KIDS CHATTING)

Sally?

It's Kathryn Murphy.

Hi.

Listen, I, uh,
I need your help again.

Hey, come on.
Cut it out.

(LAUGHING)
Are these yours?

Let's play.
Yeah.

Go play someplace
else now, okay?

BOY: Come on, let's go!

BOY: Come over here!
GIRL: Okay! I'm coming!

I thought it was all over.

I'm going to prosecute
the ones that cheered it on.
Oh?

You said of the guys
blocking your view
that they were, uh...

Real rowdy,
yelling and clapping.

Well, not the guys
at the door.

The ones over by
the pinball machine.

So you knew that they
were yelling about Sarah?

Yeah.
But, uh, they aren't
the kind of guys

you really want to mess with,
you know what I mean?

Listen, I'd like you to come
in and see if you could
identify them in a line-up.

Oh, Jesus.

They're going to be
right there, aren't they?

Yes.
I don't know.

Why don't we make a date
for you to come into my office
and talk about it?

Sally...

She's your friend.

(SIGHING)

Number two.

Seven.

You positive?

Yes.

Number four.

Definitely.

(SPEAKING INDISTINCTLY)

(TELEPHONE RINGING)

Uh-huh.
You can go in now.

It's down to the end of
the hall to your right.

There's no purpose
in meeting again, because
I'm taking them to trial.

Well, good luck
to you, too.

Hi.

Thank you
for coming.

It's okay.
Sarah, there's no need
for you to come.

Oh, I figured she could
use the company.

Well, would you mind
waiting for us outside?

Alana, could you
please hold my calls?

I'll wait outside.

Uh, Sally, why don't you
have a seat right down here,
okay?

I want to begin
by asking you
a few questions

about the night of
April 18th.

And I'd like you
to answer them as simply
and honestly as possible.

(TYPEWRITER CLACKING)

(TELEPHONE RINGS)

(INAUDIBLE)

(ROCK MUSIC PLAYING
OVER HEADPHONES)

A few.
Maybe three.

I've seen her drink
a lot more than that.

Uh... Well, she needed
to get loose, you know,

'cause she just
had this big fight
with her old man.

And, uh, she goes, uh,

"I'm so pissed at him,"
you know,

'cause she's sure he's,
like, running around on her.

You mean
sleeping around, right?

Right.
Which I bet he is.

(MUSIC CONTINUES
OVER HEADPHONES)

SALLY: So, we were
sitting in a booth,

and we were just
sort of talking...

(INAUDIBLE)

(TYPEWRITER CLACKING)

(STOPS TYPING)

There were these, uh, two,
um, fraternity guys there.

Uh, and Sarah looks
at one of them, Bob.

She goes,
"He's cute! Who's he?"

So we started
joking around.

What do you mean
joking around?

Well, you know, like
what would be the best way
to get back at Larry.

Like, should she
take this guy home

and just do it
right in front of him?

You said that she should
take Bob home?
No, no, no.

She said it.

She didn't mean it.
She was just
joking around.

Well, she'd had
a few drinks.

God, she didn't mean it!

I'll wait for you
downstairs, okay?
Wait a minute.

I'm going to talk to you.

What's going on?

I warned you,
no secrets!

I didn't keep any secrets
from you.

She told me what you said
in the bar when you met Bob.
Do you remember?

Do you?
Yeah, I said

I'd like to take
that guy home and...
I don't know,

fuck his brains out,
right in front of Larry.

So what? It was a joke.
(CHUCKLES)

She can't be
a witness for you,
that's "So what!"

In fact, when the defense
finds her, and they will,

she'll be a witness
for them.

Now, what other surprises
have you got waiting for me?

None.

(CAR HONKS)

(KNOCKING)

I'm sorry.

(GLASSES CLINKING)

(MUSIC PLAYING)

Is Jesse around?

No. It's his day off.

Can I get you
a drink or something?
Oh, no, thank you.

(INDISTINCT CONVERSATIONS)

(MUSIC CONTINUES PLAYING)

(MACHINE CLATTERING)

(VIDEO GAME MACHINE BEEPING)

(BIRDS CHIRPING)

Uh, Mr. Joyce?
Hi.

I'm Deputy District
Attorney Kathryn Murphy.

I'd like to talk to you about
the night of April 18th,

the night of the rape
at The Mill.

I don't know
anything about it.

Uh, yes, you do,
Mr. Joyce.

Do you want to talk
about it over here?

Sorry. I've got class.
Your class can wait.

You were there.
Your name is on
the video machine.

And I'm calling you
as a witness.

Now, would you like
to sit down and
we can talk about it?

What do you want with me?

I mean, you got the ones
who did it.

I'm prosecuting
the others,

the ones
who cheered them on.

I didn't see a thing.

Yes, you did.

You were in the room
all night.

You saw everything.

Those other guys
didn't do anything.

They probably
didn't even know
what was going on.

I mean, it was like a show.
Big deal... They watched.

I bet if you asked
a 1,000 people,
999 would watch.

It's no crime.

They did more than watch,
and that is a crime.

You want to tell me
about it?

Look, if you don't
tell me about it now,

you're gonna have to
tell me about it
on the witness stand.

Why? Why?
This isn't my business.

Look, I don't care
about this.

Yes, you do.

FEMALE OPERATOR ON TAPE:
Birchfield County
Sheriff Emergency.

KEN: Hello,
I'd like to report there's
a girl in trouble.

Sir, may I have
your name, please?

There's a girl in trouble.
It's The Mill.
It's the bar on Mill road.

Sir, I'm sorry,
I must have your name.

There's an assault
going on.
It's a rape, okay?

There's three
or four...
(TURNS OFF TAPE RECORDER)

And arriving at
the courthouse now
is Kathryn Murphy,

the deputy district attorney

in this precedent
setting case.

With her
is Sarah Tobias.

This is our first chance
to see the victim
in the case in person.

Ms. Murphy, will you put
Ms. Tobias on the stand?

REPORTER: Who else are you
putting on the stand?

Is it true Arthur...
No comment.

Is it true your
best friend's gonna
testify against you?

Son of a bitch!

Is it true you made a deal
with the defense council?

No comment.

(REPORTERS CLAMORING)

Are you deaf, asshole?
No comment!

(ELEVATOR DINGS)

You wait right here
for the officer
to come and get you.

Kathryn.
What are you
doing here?

Little moral support.
Bye.

Saw Whitewood having
breakfast with Anderson.

Seemed in a really
good mood.

Good luck, Sarah.

Sarah Tobias,
please come in.

Do you swear
to tell the truth,
the whole truth

and nothing but the truth,
so help you God?

I do.
State your name.

Sarah Tobias.
Please, be seated.

(CLEARS THROAT)

Miss Tobias, on the night
of the rape at The Mill...

PAULSEN: Objection.

These men are not
on trial for rape.

Your Honor,

it is imperative that
the jury understand

what was happening
to Ms. Tobias

before, during,
and after the rape.

Ms. Murphy, you may continue
your line of questioning,
but be brief.

Thank you,
Your Honor.

Ms. Tobias,

can you please tell us
what happened that night
at The Mill?

Well, my boyfriend...
(CLEARS THROAT)
(STATIC)

My boyfriend and I
had kind of a fight.

So, I got in my car
and I drove to see my,

my girlfriend Sally
at The Mill.

I figured she'd
be getting off work,
and we could talk.

KATHRYN:
She works there?

Yeah. She's...
She's a waitress,
just like me.

So, anyway,
she was on a break.

We were sitting
in this booth talking,

and, uh, this guy Danny
sent over a couple drinks.

She knew him, so we...

We took the drinks
and he sat down,

and, um,
we started talking.

And he was...

He was funny,
you know,
he had a line.

So, uh,
what happened next?

Uh, a bunch of guys
went into the back room
to play pinball.

So, me and Danny went in

and we started playing
with this guy, Bob.

And, um,
after I finished my turn,

I went to go
have a smoke,
you know,

smoke a little...
A little pot.

And, um...

Then somebody put some
money into the jukebox,

and this song
I really liked

came on the jukebox.
So I...

I started to dance.

And...
And then...
(EXHALES)

Danny comes up,
and he starts
dancing with me.

Real, real close,
you know.
Tight close.

And then he kissed me.

I'm sorry, Ms. Tobias.
Could you please
speak up?

He kissed me.

Did you try
to stop him?

No. I let him kiss me,
because I figured he was...

He was drunk
and he was stoned,

and that he would kiss me
and then he would
leave me alone.

But then he...

Put his hand up my shirt
and then he grabbed
at my breast.

I tried to push him away,
but he kept
pulling me closer.

And he put his hand
on my throat.

(GASPS)

And he's a really
strong guy, you know.

And the next thing
I knew...

Please go on,
Ms. Tobias.

He was squeezing my throat
with his hands,

and he pushed me down
on the pinball machine.

And he ripped my shirt.

He lifted my skirt.

He pulled down my underpants
really, really hard.

You know?

I get...

I wanted to move, you know.
I wanted to move...

But he was holding me
down really hard
and he was jamming...

He was...
(INHALES SHARPLY)
He was...

He was kissing me
very hard,

and he was jamming
his hand up my crotch.

And I heard a bunch
of people yelling,

"Hold her down!
Hold her down!"

And then
the big guy, Kurt,

held my arms down,

and I could
hear 'em...
(INHALES SHARPLY)

Yelling and clapping
and cheering.

And then...

Danny put his hands
over my mouth,
uh, over my face...

And I shut my eyes.

He was inside of me.

And then...

And then they switched.

I could hear them saying,
"Frat boy, frat boy!"

And then Bob
was inside of me.

And there was all this
yelling and clapping,
and...

And laughing.

And then I heard them
calling for Kurt,

"Needle dick, needle dick."

And then they
switched again,

and Kurt was
inside of me.

And they were yelling,
"Kurt, Kurt, Kurt."

And there was...

There was all this...
This chanting.

(STUTTERS)

Please continue,
Ms. Tobias.

What did they chant?

Something, uh...

(BREATHING SHAKILY)

"Poke that pussy."

The room was
full of people
cheering this on?

Yeah. And I kicked him.

I kicked him
really hard, and...

I ran out into the road.

And this guy picked me up
and took me to the hospital.

No further questions,
Your Honor.

Ms. Tobias, my name
is Ben Wainwright.

(SNIFFLES)

Now, I know this isn't
easy for you,

so I'm going to ask you
only a handful of questions.

Now, you have testified
that all the men present
were strangers to you.

And you also testified
that while you were on
the pinball machine,

that you mostly kept
your eyes closed.

Is that right?
Your eyes were closed?

Yeah, sometimes.

Is it fair to say
that you can't tell us
who applauded,

or who shouted?
Is that fair?

Well, I don't...

Okay, is it possible
that only
one person shouted?

No. There were...
Different voices.

So at least two, then?

Could it have been
only two?

No. They overlapped.

Ms. Tobias,

you testified that
you were assaulted
by three men.

Is that right?
Yes.

Okay. Is it possible...

And I'm just
saying possible...

That the only ones
who shouted

were among
your assaulters?

No. No, the voices were
coming from further away.

BEN: Okay.

Ms. Tobias...

You had had several drinks.

You had smoked marijuana.

The TV was playing,
the jukebox was playing.

You were in a room
full of noisy video games
and pinball machines.

You, uh, had your eyes
closed... Sometimes.

And you were
being assaulted.

Now,
given these conditions,
can you truly say

how many voices
you heard

and where those voices
were coming from?

No.

Is it fair to say, then,
that you can't tell us

who applauded,
or who shouted?

Is that fair?

(SNIFFLES)
Yes, that's fair.

Okay. Thank you.

(MAN COUGHING)

(SCRIBBLING RAPIDLY)

Ms. Tobias,

while you were on
the pinball machine,

did you at
any time cry,

"Help" or "Rape?"

No. I tried,
but they were...
They were...

They were covering
my mouth. They...

They were either
kissing me,
or they were...

Had their hands
over my mouth.

I kept saying, "No."

No?
Right. No.

Um, no.
I said, "No."

Not "Rape" or "Help"

or "Police..."

But, uh...

"No."

Right. "No."

Did anybody hear you?
SARAH: I don't know.

Well, did you signal
to anybody in the room?

Say, a hand signal?

No. My hands were
pinned down, right?

Signal to anybody
with your eyes?

No.

Were you struggling?
Yes!

Anybody see you
struggling?

They must have.

Ms. Tobias,

can you in any way
prove to us

that someone in
that room, anyone,

saw you struggling,
or heard you say "No"?

No.

No more questions.

Ms. Tobias, while you
were being gang-raped
on that pinball machine,

what were you thinking?

Thinking?
Yes, what were
you thinking?

What words
came into your head?

Three men were
repeatedly raping you,

holding you down
and raping you.
Your Honor!

Your Honor, prosecution...
And their friends
cheered and clapped.

KATHRYN: And you laid there
naked and defenseless,

struggling, weeping,
every part of you in pain.

What words came
into your head?

What words?

"No."

No further questions,
Your Honor.

The witness is excused.

(SHIP HORN BLOWS)

(WHISTLING)

(DOOR CLANGING)

How you doing?
Good.

Good.
(EXHALES)

What'd you do,
cut the whole day

to come up here,
or something?

It's no big deal.
How're you doing?

Oh, I've been better.
(CHUCKLES SOFTLY)

So, how's everything?
What have I been missing?

Listen.

They're prosecuting
those guys,

the other guys in the bar
who were cheering and stuff.

They're making me testify.
So I just wanted to tell you,

you have absolutely
nothing to worry about.

I just came here.
I just wanted to
tell you anyway.

Nothing to worry about?
Are you out of your
fucking mind?

What do you mean?
You're not even on trial.
What are you gonna say?

I'm gonna tell them
what happened.

And what happened?

Come on, man,
you know.

A bunch of guys
were cheering and
yelling and stuff.

'Cause you, Kurt,
and Danny...

Raped her.

Who said I raped her?
I'm not in here for rape.

Did you see me
rape her, Ken?

What do you think?

You didn't, did you?

Yes, I did, Bob.

Ken, if you say that,
you know what
happens to me?

Nothing's gonna
happen...
No!

Instead of my
nine months in here,

the parole board will
turn it into five years.

You don't understand.
They're making me do this.
No!

All they can do
is call you.

They cannot make you
say anything.

You don't remember.
You... You were too drunk.

You were too confused
to get any of it straight.

I don't want to lie, Bob.

You want to come
visit me here for
the next five years?

KATHRYN: Hi.
Hi.

SARAH: I hope
you like it black.

I do, thanks.
You know,
I meant to tell you, um...

This week, Leos,
they frighten
away friends...

Not now,
Sarah, please.

SARAH: (SIGHS) Sorry.

Excuse us,
Ms. Murphy.
(KNOCKING)

Mr. Joyce has something
to tell you and Ms. Tobias.

Mr. Joyce has just
told me that he
doesn't truly remember

the events of
the night in question.

And he only told you
what he told you,
because you coerced him.

He says, if you put
him on the stand,
he will recant.

He'll take it all back.

Did you have something
to do with this?

(CHUCKLES)

I suggest you notify
the court and the defense
that he won't be testifying.

No, in fact,
it might be less awkward

if you move for
immediate dismissal.

Wait right here,
one minute.

Why?

I don't remember.

I only told her
what I told her,

because she
forced me to.

And if she makes me
take the stand,

I'm gonna recant it all.
I'm gonna take it all back.

Why?

I told you,
I don't remember anything.

You're full of shit.

(SCOFFS) Where do you
get off telling me
I'm full of shit?

I was there, remember?

Right. You were there,

and you saw me
have a few drinks.

You saw me
blow some grass.

You saw me, uh,
flirt a little bit.

And then you saw me
gang-raped.

And you think
that I had it coming.

(SCOFFS)
You're just like
all the others.

Yeah, would you look at me?
My best friend is in prison.

And if I do this,
they're gonna keep him
for five years.

Your best friend is
just some great guy,
and I'm just this...

This lowlife whore
that he raped
right in front of you.

You're not like
all the others,
you're worse.

That's not true.
I'm not like that.
I'm not like that, okay?

Are you scared?

Yeah.

Me, too.

Your Honor,
the people call
Kenneth Joyce.

BAILIFF:
Kenneth Joyce.

(DOOR OPENS)

Do you swear to tell
the truth, the whole truth,

nothing but the truth
so help you God?

I do.
State your name.

Kenneth Joyce.
Be seated, please.

Mr. Joyce,

were you in The Mill
the night of the events
involving Sarah Tobias?

Yes.

Would you please
recount for us
what happened?

Um, well, it was late
and me and my friend Bob
had been to the game.

And then afterwards,
he took me to this bar
he sometimes goes to...

KEN: ...The Mill.
We'd been there a while,

uh, when this girl
walked in.

She was really sexy.

(INDISTINCT CONVERSATIONS)

And she was sitting
at the table behind us,

um, talking to her friend,
while this guy Danny,

he was sitting
at the end of the bar

and, uh, he saw her
come in, too,

and he sent the bartender
over with some drinks.

(LAUGHING)

So I'm washing dishes.

So, then I hear Bonnie
screaming her head off
and go, "Oh, great!"

So, Chip walks out
in cowboy boots

and goes, "I didn't just
kick her in the head."

(CHUCKLING)

Hey, dude.
Hey, what's going on?

I don't know.
Just bored.

He's cute. Who's he?

Oh, Bob something.

Some college guy.

I should take him home
and fuck his brains out
right in front of Larry.

Oh, yeah, right.

(LAUGHS)
Hey, can I watch?

BOB: Behind you.

Blonde girl.
Uh-huh?

Wants me in a big way.
(LAUGHS)
Ooh!

Jess. Jesse, come here.

Here we go, ladies.

Compliments
of the gentleman
at the end of the bar.

SALLY: What do you
think he'd do?

(GIGGLING)

Evening, ladies.

Danny, this is
my friend Sarah.

Thanks for
the drinks, Danny.

Well, it was
my pleasure, Sarah.

(GIGGLING)

Well, you, uh,
talking shop?

No. We're talking,
uh, modern romances.

Yeah?
Well, I'm a romantic.

That makes me
just like you, Sarah.

And you are one
romantic-looking girl.

Woman.
(CHUCKLES)

Danny!
It's your turn.

Romantic, huh?
Romantic?

Oh, she didn't
come with me.

She didn't!

Well, look,
you don't have to
take my word for it.

Just walk in the back
and see for yourself.

Okay.

This is
the game room.

Oh, yeah? Nice.

Then she got up
and followed him
into the game room.

And, uh, pretty soon
they were playing pinball
with Bob

and getting really loaded.

Oh, I get a 100.
That's a double.
That's a double!

(CHEERING)

She's on a roll.

Quick reflexes there.
You better shut up.

Oh, I don't want to
distract you, now, do I?

SARAH: Oh, yeah.
(EXCLAIMS)

BOB:
Come on, line it up.

(MIMICKING ARCADE SOUNDS)

Line it up.
Get it going.
Line it up.

(GROANS)

You better pay up now.
She can score.
All right!

Yeah!
Go, go, go, go!

BOB: Oh, yeah.

You lose.

I'm a winner.
I don't lose.
Check the score.

(LAUGHS)
Look at that.

There you go, pal.
Like I said,
you got lucky.

Lucky? Luck, my ass.
Luck, you wish!

You wish.
Yeah?

Looks like your hand's
connected to her ass.

What's your problem?
(LAUGHING)

Who is she?
Get her out of here.
I hate her.

BOB: I don't know.
(ALL LAUGHING)

You're up.

(INDISTINCT CONVERSATION)

Hey, knock it off.

Go for it.
BOB: I'm gonna.

Well, you gonna keep that
all to yourself?

(CHUCKLING)
Yeah.

Didn't your mom
teach you any manners?
No.

Angela, why don't you
go put some music on?

I don't have
any change.

Hey, Angie,
I got some change.

You're so funny,
I can't stand it.

I know. That's what
everybody tells me.
I kinda like that.

So modest, too.
Very modest.

DANNY: Let's get out of here.
SARAH: Well, look
who's getting bossy.

I'll even
let you drive.
Oh, yeah?

You know
how to drive?

You know
how to walk?

You know,
I think you are
the funniest girl here.

Thank you.
You're not as funny as me.

(MUTTERING)

You're only human.
(LAUGHING)

(MUSIC PLAYING)

Let's get out of here.
Come on.

No. Oh, I love
this song.

TV COMMENTATOR: First round,
slipping away from...

Are you off, honey?
Yeah, I don't
like the show.

Yeah, I hope it's
gonna be me.

MAN: Whoo!

(CHUCKLING SOFTLY)

DANNY: Young lady,
have you been
drinking tonight?

SARAH: Who me?
Oh, no, Officer.

Hey, listen,
I got to go.

'Cause I got
to work tomorrow.

I'm a working thing.
I'll pay you
whatever they pay you.

I'm too drunk
and I've got to
go home.

Mr. Funny Man,
I got to go.

(MUMBLING)

(LAUGHING)

Come on.

MAN: Yo, Dan!

SARAH: Hey!

Hey!

Ah! (EXCLAIMS)

Wait, wait.
Wait a minute.

Hold it.

No, I... Hey!

Hey!

Hey!

Hey!

CLIFF: Go, Danny!

Fourth-and-one my man,
stick 'em!

Right!

(SARAH SCREAMING)

CLIFF: All right!
(MEN WHOOPING)

(MEN CHEERING)

MAN 1: Come on.
Go for it!

(CHEERING)

MAN 2:
All right, Danny boy!

Danny's gonna
fuck her right there!

He's gonna fuck her
right there!

All right.
All right, Danny!

You're the man!

Grab her hands, Kurt.
MAN 3: Get in there, Kurt!

(GROANING)

Go for it, Dan!

(MEN GOADING)

Come on, Dan.
Go for it, Dan!

Come on, big guy!
Smell that new blood, baby!

(SARAH MOANING)

Ooh!
No!

(WILD CHEERING)

Whoo!

(MUFFLED SCREAMING)

(DANNY MOANING)

(ALL CHEERING)

CLIFF: That's it, Danny!
Make her pump!

Come on.
She's loving it!

Hey, college boy!

You're next.
You're next.

Come on, Dan!

Fucking pump!

Yeah!

You're the man!
Go, go!

(MUFFLED SCREAMING)

CLIFF: All right!

(MEN CHEERING)

TV ANNOUNCER:
...and has been effective
shooting that jab...

CLIFF:
Frat boy, frat boy!

Burt has been landing
significant body shots.

If he can keep
doing that...
(MEN WHOOPING)

CLIFF: All right!
All right!

Get frat boy in there!
Go ahead, get in there!

Come on, move!

Go get her,
frat boy!

(MUFFLED SCREAMING)

No!

(MUFFLED SCREAMING)

(CHEERING)

(SCREAMING) No!

CLIFF: All right!
(WHISTLING)

No!

No!
CLIFF: Come and
get yours, boy!

That's it! Pump that
little fucking college ass!

(CHEERING)

Stick it to her!
Don't stop!

Hold her down!
Come on!

CLIFF: Hey,
she ready to come?

I can't see.
She ready to come?

(MUFFLED SCREAMING)

STU: Hold her down!
CLIFF: Make her moan!

Make her
fucking moan, man!

Hold her down!
Hold her down!

CLIFF: Make her moan!
STU: Hold her down!

Hey, Kurt.
Come on!

Watch the other kid.
You might learn something.

Hey, shut the fuck up,
asshole!

Whoa, man,
listen to needle dick!

Hey, Kurt...

CLIFF: Kurt,
you a faggot?

You let them talk
to you like that?

That you're a faggot!

You pull down your pants,
we'll see silk panties, huh?

You shut the fuck up!

(CHANTING)
Kurt. Kurt. Kurt.

Yeah, you got the champ!
Whoa, here comes Kurt!

Come on! Go!
Fucking get her!

Kurt, gonna see
his panties!

(CHANTING)
Kurt! Kurt! Kurt!

Come on, Kurt.
Go ahead!

ALL: (CHANTING)
Kurt! Kurt! Kurt!

CLIFF: Come on, man.
Show me what you got.

(MUFFLED SCREAMING)

(ALL CHANTING)
Kurt! Kurt! Kurt!

(LAUGHING)

CLIFF:
Come on, Kurt!

(MUFFLED SCREAMING)

(CHEERING)

(YELLING)

(MEN CONTINUE CHEERING)

Come on,
you're next, huh?

(ALL CHEERING)

(MAN WHISTLING)

(WHISTLING)
(COMMENTARY ON TV CONTINUES)

COMMENTATOR: Burt is trying
to apply the pressure here.

And a straight right hand...

(CHEERING)

♪ Poke that pussy
till it's sore

ALL:
♪ One, two, three, four

♪ Poke that pussy
till it's sore

♪ One, two, three, four.

♪ Poke that pussy
till it's sore

♪ One, two, three, four

♪ Poke that pussy
till it's sore

♪ One, two, three, four

♪ Poke that pussy
till it's sore

♪ One, two,
three, four... ♪

(MOANING)

No! (YELLING)

(SCREAMING)

Hey, enough...

Mr. Joyce,
do you believe

that Sarah Tobias
instigated that rape?
No, I don't.

Thank you.

(BELL TOLLING)

So?

So Ken helped.
Larry, I don't know.

Jesse hurt.

What about Sally?

Bad, huh?

Shit!

Look, you want to
go for a drink?

No. I have to put
together my summation.

What are our chances?

Fifty-fifty at best.

Goodnight.

Goodnight.

Your Honor,
my colleagues have agreed
to a single summation.

No objection, Your Honor.

Ladies and gentlemen,

the state has charged
these three men
with a crime.

And the state has
supported that charge

with the testimony
of two witnesses.

Sarah Tobias, who told you
how three men raped her,

and she told you
how she heard other men

shouting encouragement
to her attackers.

Did she name
these other men?

No.

Did she describe
these other men?

No.

Could she tell you
what these other men
shouted?

No.

Her sworn testimony...

Her poignant, heart-rending
sworn testimony,

was an appeal to your pity.

And if her story is true,
you should pity her.

But even if
her story is true,
and you do pity her,

that has nothing to do
with this case,

because those three men
did not rape her.

Her sworn testimony

is nothing.

And you must
treat it as nothing.

Now...

If you wish,
you can also
treat as nothing,

the testimony
of her lover, Larry,

who told you
what kind of woman she is.

And you can
treat as nothing the testimony
of the bartender, Jesse,

who told you
that she was so drunk
she could barely stand.

And you can treat as nothing

the testimony of
her friend, Sally,

who told you what
Ms. Tobias' intentions were

when she first
saw our clients.

Our case does not
depend on those witnesses,

just as the people's case
does not depend
on Sarah Tobias.

The people's case
depends on Kenneth Joyce.

If you believe him,
you'll convict
those three men,

and if you don't,
you'll acquit them.

Do you believe him?

Why did
Kenneth Joyce testify?

Every day, for months,
he said to himself,

"I'm guilty.

"I'm guilty."

And finally, he was offered
a way to purge that guilt,
and he took it.

Kenneth Joyce told you
he watched a rape...

And told you that
everyone else in that room
watched a rape.

How did he know that?

Did he read their minds?

To solicit a crime,
you must first know
that it is a crime.

Well, who knew it?

Kenneth Joyce.

Do you think it matters
to Kenneth Joyce
who shouted?

In his mind, every person
in that room was guilty.

He told you that.

And Kenneth Joyce,
who is guilty,

who did watch a rape
and do nothing...

Will purge himself
by bringing down anyone
who was in that room.

And, of course,

at no legal cost
to himself.

While those three men
face prison.

Do you believe him?

Well, if you do, convict.

And if you don't...

And I know you don't...

Acquit.

Ms. Murphy?

Ladies and gentlemen,

Mr. Paulsen has told you
that the testimony of
Sarah Tobias is nothing.

Sarah Tobias was raped,

but that is nothing.

She was cut and bruised
and terrorized,

but that is nothing.

All of it happened
in front of a howling crowd,

and that is nothing.

Well, it may be nothing
to Mr. Paulsen,

but it is not nothing
to Sarah Tobias.

And I don't believe
it's nothing to you.

Next, Mr. Paulsen
tried to convince you

that Kenneth Joyce
was the only person
in that room who knew

that Sarah Tobias
was being raped.

The only one.

Now, you watched
Kenneth Joyce.

How did he strike you?

Did he seem
especially sensitive?

Especially observant?

Did he seem so remarkable
that you immediately said
to yourselves, "Of course!

"This man
would notice things
other people wouldn't."

Do you believe that
Kenneth Joyce

saw something those
three men didn't see?

In all the time that
Sarah Tobias was held down
on that pinball machine,

the others didn't know?

Kenneth Joyce
confessed to you

that he watched a rape

and did nothing.

He told you that
everyone in that bar
behaved badly.

And he's right.

But no matter
how immoral it may be,

it is not the crime
of criminal solicitation
to walk away from a rape.

It is not the crime
of criminal solicitation

to silently watch a rape.

But it is the crime
of criminal solicitation

to induce, or entreat,
or encourage,

or persuade another person
to commit a rape.

"Hold her down.

"Stick it to her.

"Make her moan."

These three men
did worse than nothing.

They cheered
and they clapped,

and they rooted
the others on.

They made sure
that Sarah Tobias
was raped.

And raped.

And raped.

Now, you tell me.

Is that nothing?

What time is it?
You just asked me that.

(DOOR OPENS)

They want
Ken Joyce's testimony
read to them again.

I don't get it.
That's the third time
for him.

How come they
never ask for mine?

Because they believed you.

(SIGHS)

Oh, look.
I did your chart.

You're really
gonna like this.
This is great.

The tenth house
is really something.
Look at this.

Saturn in the 10th house
is career and ambition.
Right?

Mercury ruling
the 10th. Public work.

And, uh, you had Sun
and Pluto in the 10th.

That's law
and higher understanding.

Hmm? I mean,
I'm telling you,

the 10th house
is really excellent.

It really is excellent.
I mean...

You could be president
or something.
(CHUCKLES)

What about you?
What's your future?

Oh... I forgot it
at home.

Don't you
remember it?

Uh, yeah, it's just...

Seventh house mostly.
It's like, uh,
feelings, faith...

Intuition, you know,
mystery...

Really useful shit.

Do I have
any of that?

Yeah. Yeah, you do.

You got a little bit
right there, right?
See that?

Hmm.

Keep it.

I... I was going
to sign it, you know,
but I figured...

No, you're not really...

You're not really
into that kind of stuff,
so I figured...

Will you sign it,
please?

Thank you.

Likewise.

Still no verdict
in the precedent-setting
Tobias trial.

As the jury continues
its deliberations...

The second day
of deliberations,

the jury is showing
no sign of a quick verdict
many observers predicted...

The jury has been out
for two days.

While both sides
express confidence

the verdict will go
their way,

one thing is certain.

This will be
an historic decision.

They're coming in.

(WHISPERING INDISTINCTLY)

(MAN COUGHING)

Ladies and gentlemen,
have you reached a verdict?

We have, Your Honor.

Will the defendants
please rise
and face the jury?

"We find the defendant
Matthew Haines

"guilty of criminal
solicitation."
(CROWD EXCLAIMS)

"We find the defendant
Stuart Holloway guilty
of criminal solicitation.

"We find the defendant
Clifford Albrect

"guilty of criminal
solicitation."

JUDGE:
Sentence will be imposed
two weeks from today at 10:00.

This court is adjourned.
(GAVEL POUNDS)

(MOUTHING)

(REPORTERS CLAMORING)

REPORTER: Murphy! Murphy!

Ms. Murphy, what was
the deciding factor
in the case?

Uh, well, there were
many deciding factors.

(SPEAKING INDISTINCTLY)

What are your plans
after this?

Oh, I'd like to go home,
and I'd like to play
with my dog.