Law & Order (1990–2010): Season 2, Episode 8 - Out of Control - full transcript

Detectives Ceretta and Logan investigate when university student Andrea Fermi claims she was raped by two men at a frat party. The case is complicated however. Andrea had been drinking and was quite drunk when the incident occurred. She identifies the two boys who attacked her as fraternity brothers in the house where the party was held and where her boyfriend Gary is a pledge. Everyone in the fraternity clams up tight denying anything happened. Some even question whether Andrea was even at the party. They slowly build the case and ADA Stone thinks he has enough to get a conviction. He knows however that public sympathy is with the two boys and not with the victim.

In the criminal justice system,
the people are represented

by two separate yet
equally important groups...

the police
who investigate crime,

and the district attorneys
who prosecute the offenders.

These are their stories.



Watch it, girl!

Get away from me!

I bet you never
cut class either.

Me? I was a fine,
upstanding picture
of American manhood.

Yes, sure.

Look at this.

Get off of me!

Okay, you two,
take it easy!

- Take it easy!
- I was just trying
to help her.

She's going to get
run over, man.

They grabbed me,

they pushed me down...

Give me
a little help here.

- Come on, darling.
- Come on, get up.

Sophomore, University
of Manhattan.

Says she was raped
by several men...

Halloween party.

No vaginal
or perineal abrasions.

You get any signs
of intercourse?

- There was semen present.
- Did you send out the kit?

Also ran a blood test.
She was drunk.

- How drunk?
- Very.

If she'd been driving,
she'd be under arrest.
Blood alcohol's.13.

- All right,
can we talk to her?
- She's out cold.

And I don't know how much
she's going to remember.

Doc, can we stop the waltz?
What are you saying?

Obvious emotional
trauma. Rape?

We offered her a counselor,
she said no.

(theme music plays)

I was invited to the party.

By the men
who assaulted you?

My fiance,
Gary Burnham.

He was a pledge
at Theta Phi.

Your fiance
assaulted you?


Look, can you identify
the boys who did this?

Somebody helped me

It was some kind of...

he was wearing some kind
of animal.

What kind of animal?

What color?

It was light, I think,

maybe, gray or brown.

Can't you give us
a little better idea
of what went on?

They offered me
a drink...

Logan: Who?

I'm not sure...

it's all fuzzy.

But I think Ted Campion
and Joel Holder,

two of Gary's friends
were there.

And I'm pretty sure
it was Ted

that had the bottle...

I was drinking
from it...

and I think there
was something over my face.

And they were on top of me
and I tried to scream.

I must have passed out.

The next thing...

I was alone in the room,

looking for my clothes.

So, Ted and Joel
assaulted you?

I think so.

You know, you had
been drinking a little bit.

Rape's a serious accusation
based on "I think so."

I was drunk
and I was scared.

But I know
what happened.

I was raped.

She said what?
This is crazy.

Joel, did you even
see her?

I didn't even know
she was here.

Is this serious?

Maybe we should talk
to a lawyer.

We never even went

Look, guys,
this didn't happen.

A girl comes
to your party

and just
for the hell of it
she charges rape?

Everybody knows
about Andrea.

We don't know,
why don't you fill us in?

A pledge of ours,
Gary Burnham,

he was getting
serious about her.

A freshman.
He didn't know
about her reputation.

- About which you
so generously informed him.
- She's an easy score, okay?

- Gary's a little naive.
- Gary dropped her.

She stormed in here
last week,

claimed we ruined
her life.

And then she said
we'd regret it.

You don't mind
if we call in

a few technicians
to look around, do you?

No problem.

You know the wolf pack
is having a feast here.

Where are they getting
this stuff?

- Somebody at the hospital.
- Did CSU find anything
in the boys' room?

No. No hair, no fiber,
no nothing.

I gotta tell you,
if these boys are lying,
they're cool about it.

Except their story
makes no sense.

If she wants revenge,
why didn't she give us
a sure ID?

- Why make it hard on herself?
- Maybe she didn't want it
to sound so pat.

- It gives her an out
if things go wrong.
- Come on.

You want revenge,
you don't turn your life
into a circus.

What am I hearing here?
This girl's not on trial.

I know, but we got
no witnesses.

So far nobody even
saw her there.

These fraternity brothers
are gonna say Joel and Ted
never left the party.

And that Andrea made
a public threat.

Aw, gee...
somebody's lying.

Well, that makes you
detective of the month.

Any bets on who?
Did they log who she called
from the hospital?

An advisor,
English professor.

She was afraid
to call her mother.

sometimes they make us
their mothers.

How do you like
your new daughter?

What's not to like?
Wants to take every course
in the department.

How about
her social life?

It was active.

You mean she had
a lot of boyfriends?

Her parents divorced
when she was six.

Is she looking
for a male figure
in her life? Sure.

How about if she got one
and lost him?

You think she would
be capable of wanting
to get back at him?

Am I getting
a message here?

You have some doubt
Andrea was raped?

- You think she made it up?
- Did I say that?

There is nothing so powerful
as the unspoken.

Did she get along
as well with women
as she did with men?

I advise a student,
Betsy Rawls.

Works in the college
bookstore with Andrea.

That is, if you want
to talk to people
who like her.

Poor Andrea.

She sends out a come-on
without even knowing it.

Are you saying she asked
for this to happen?

Do they give you guys
insensitivity seminars?

No woman asks
to be raped.

I'm just saying
she gives it off.

You know, heat,

Men hit on her,
it's not her fault.

- What about the boyfriend?
- Gary?

He's sweet, but Andrea
has a good imagination.

Marriage, fiance?

- He's 18.
- I got married,
I was 20.

It's a different
generation, Sergeant.

Do you want my opinion?

Andrea doesn't know
who the hell she is.

She said
I was her fiance?

We just dated,
that's all.

- Did you have a date
with her last night?
- What's this about?

Andrea says she was raped
at your fraternity house

last night during
a Halloween party.

Oh my God.

Did you see her there?

Why would she be there?
We broke up.

Why did you break up
with her, Gary?

I met her,
she's very sophisticated.

Dating a sophomore,
it made me feel good.

I found out
some things about her.

When you broke it off,
was she very upset?

She called me all the time,
showed up at my classes.

The whole thing got way
out of control.

It's funny, she doesn't seem
that intimidating to me.

I never knew
what she'd do next.

Want to see what I mean?

This is the last letter
she sent me.

"If you hurt me,
I promise I'll hurt you worse.

I'll ruin your life."

The boyfriend says
she's a wacko.

She says they're
going to get married.

- They're kids.
That's how they talk.
- She comes on to guys.

- She doesn't mean to.
- And she can't quite point
the finger at who raped her.

What the hell
do you want?

Signed confessions
from the boys

and a dozen

What I want is a victim
who can testify to the DA
without killing the case.

Right now they'd be lucky
to get an indictment.

Let's talk
to the roommate.

After Barbara
and I moved in last year,
they raised the rent.

We put up a notice,
Andrea called,

and she took the apartment
sight unseen.

- That's a little impulsive.
- That's Andrea.

Changes courses
every other day.

Boyfriends, too?

No more than
most women today.

- That's one man's opinion.
- Okay.

Maybe a little more
than most.

But she was frank
about it.

She likes men.
There's nothing wrong
with that.

When Andrea got back
from the hospital,

did she talk
about anything that
had happened?

- Yes. She said
she had been raped.
- Any details?

Well, it was all
pretty confused.

There's something
about a room,

everything going dark,
she was very shaken up.

So, she seemed like
a woman who had just
been raped?

Jeez, yes.
She was hurt, angry.

- Did you get
any read off her?
- After 15 minutes?

How about some
top of the mind,

subjective impressions?

Just as long
as you don't go
out on a limb.

Is it just me,
or all women with
triple digit IQs?

You're the only one
I know, Doc.

Andrea Fermi?

Do I think she consented
to have sex? No.

Do I think she's
emotionally disturbed?

- Yes.
- How disturbed?

Disturbed enough she needs
to be in therapy.

It's not uncommon
and she fits the profile.

Parents divorced,
desperation for a relationship
with a male,

inability to tolerate
rejection, making threats.

Look, girls are bombarded
with images

of who they should be
to get boys.

Ads, movies, Madonna...

they end up playing
a stereotypical role,

a highly sexualized
adult woman.

But in reality,
they're just children
seeking approval.

Was she raped or not?

- I'd say absolutely, but...
- But what?

Based on her previous
sexual behavior,

the boys may have
convinced themselves
she didn't care.

DNA test on the samples
gives us intercourse
with two men.

You still need proof
of that rape.

Not in court you don't.
The law says no corroboration

But without it you don't get
a conviction from a jury.

Unfortunately, he's right.
She was drunk and her rep
ain't exactly spotless.

Okay, so all the men
and half the women

are going to say
she was asking for it.

Date rape, maybe.
But this?

Nobody asks
to be gang-raped.

Just go talk to her.

Tell her
what the problems are,

maybe she'll give you
something else.

All right, so I was drunk
and I'm not a virgin.

So I'm not
the perfect victim.

If those boys say
they never saw her,
they're lying.

Mrs. Fermi, we are trying
to help your daughter.

You heard from Gary lately?


But then I guess,
what do you say to
a raped fiancee?

He told us
you weren't engaged.

I guess
that's what you say.

He said you two had broken up
and there was no date
for the party.

Well, that's not true!
And he did invite me
to the party!

Well, I guess
he's lying, too?

I don't believe
he said we weren't

And that you threatened him.
He showed us a letter.

One of my letters?!

Show them his, Andrea.

"You've changed
my life.

I want that change
to be permanent.

Don't be shocked, but...

I want to marry you."

Now which one of us
is lying?

Okay, in the heat
of the moment

I wrote
something foolish.

Not to mention
lying to us!

You guys...

you don't know

She got crazy,
she scared me.

But you're still saying
you didn't see her
at the party

and you know nothing
about the rape?

Like I told you.

Why don't you talk
to her?

This is a girl
you wanted to marry,
she gets raped,

you don't even call
to see how she is?

They said
it would be better
if I didn't.


Ted, Joel,
all the officers.

As Vice President,
I warned Gary.

These allegations could
damage the fraternity.

You warned him not
to speak to Andrea?

We were told it's better
if there's no contact

between any house members
and Andrea.

Yeah, Gary's a pledge.
That applies to him, too.

Hey, we're glad
to cooperate,

but we were also told

since Joel and I
are mentioned by name

that we shouldn't talk
to you without counsel

That's your legal right.

We're sorry about Andrea.

We wish she wouldn't have
fantasies on our premises.

On your premises?
I thought she wasn't here
that night?

Just to double-check,

none of you went upstairs,
for even a few minutes,

- the entire night, right?
- Together: No.

Did someone mention
the word cooperation?

Try different questions.

Maybe we'll try
different people.

You have the list
of your party guests

and your employees
for that party?

We'd be glad
to get you one.

- But there's always crashers.
- From on and off campus.

Hey, if there really
was a rape,

it could have been

Okay, the boyfriend
did lie.

That kid knows

I think what he knows
is how to take orders

from his upperclassmen
and keep his mouth shut.

A six-hour party.
Nobody sees anybody
go upstairs?

- Nobody goes
upstairs himself?
- Yeah, right.

Like they don't serve
liquor to minors.

What, a misdemeanor

Think that's gonna crack
the wall of silence?

All right.
We got 70, 80 names here.

Probably take us right up
to retirement.

I would start
with anybody who isn't,

wasn't, and never will be
a member of that fraternity.

Maybe she wasn't there.

We get one more no,
you got to think everybody
was as drunk as she was.

Who's next?

Sorry, I might
have served her,

but there were at least
a hundred kids there.

- He must have some eyesight.
- I can't help you.

Hey, listen.
Come here.

- You think you served
any underage kids there?
- Oh, come on.

Maybe we could
find a few.

All right.
I'll level with you.

I did two years
hard time

and I'm almost
off parole.

Working parties
and bartending is
a no-no.

Cool it, we're not
the parole division.

All right.

Pigtails had on
the wrong costume.

She looked like
a little girl

- but she can drink
like a sand dune.
- How much?

Eight or 10 shots,

Yeah, enough to put me
into a long dream.

Anybody follow her?
You know, go upstairs?

I was tracking her.

I thought she might be
my score for the night.

But she staggered out
with some guy,

that was the last
I saw of her.

Could you recognize this guy
if you saw him again?

No, too dark.

His mask was half-off
his face,

- some costume...
- What kind of costume?
An animal?

- Yes, that's right.
- What kind of animal?

It had big ears...

if that's any help?

At least we know
she was there.

Oh, yeah.
With an animal that
has big ears.

- Where does that get us?
- Two steps ahead of where
we were yesterday.

With still
no corroboration.

Oh, gee, Mike,
why don't we just quit?

Next up, Gail,
Stuart Carradine.
Grad students.

- Good.
- Very good.

We were only there
for a half an hour.

My wife and I
aren't really party
people, so...

So nothing strange

It was Halloween.

But rape? No.


Excuse me.

- May I have some water?
- Sure.

Must be something
in the air.

I feel like
I'm swallowing ashes.

It doesn't take
Sigmund Freud

to see
you're nervous.

Can you believe it?

I was a ballerina.
I felt ridiculous.

I didn't
even want to go.

All those TPs act like
they owned the world.

Stuart used
to be president.

I thought he had
outgrown all that crap.

We went upstairs,

- I went to the bathroom...
- What the hell are you doing?
What are you telling him?

- Just what I saw.
- It's none of their business.

This is rape,
not a college prank.

Go ahead.
This is our business.

I came out
of the bathroom

and I saw two guys
on the stairs.

One of them said,
"Come on.

- She's there. Let's go."
- That could've meant anything.

You can't be sure who,
'cause it was dark.

I'm sure, Stuart.

One of them
was Joel Holder.

Yes, well,
it's a mistake...

or it's a lie.

Look, it couldn't
have been me, all right?

I'm sure it is
a mistake, Joel.

Why don't you
clear it up?

Get a blood test,
it'll show that you didn't
have sex with the girl.

Okay. Okay.
All right.

No problem.
You got a deal.


They say somebody
saw me upstairs.

- No way.
- We were with him
all night.

Oh, yeah?

Well, Joel here's going
to take a blood test

and we'll get this
over with.

Nobody's taking
any blood tests.

We're calling
our lawyers.


They still have witnesses
who say they never left

the first floor
during the party.

Under oath?
Maybe not.

Holder said
he would give blood?

My guess is he did it,
but he knows he didn't
leave a souvenir.

- How good is Gail Carradine?
- Her husband didn't break her.

We got Holder
on the third floor
at the right time.

- But no Campion.
- She believes these
guys did it.

My call?
Pick them up.

All right.
Do it.

Holder and Campion.

Come on, back up.

Come on, come on.
Let's go.

(men "wooing")

- We want to call our lawyers.
- In a minute.

- You can't do this to us.
- Sure we can.

Okay, gentlemen,
toes on the line.

I want pictures of every inch
of their bodies.

I don't want any police
brutality claims here.

Judge, a blood test
at this time seems premature.

We'll present
to the grand jury
next week.

Ms. Gifford?

My client Joel Holder
is perfectly willing to
give a blood sample.

The prosecutor's information
looks good to me, Mr. Gould.

I'm signing this order
for both Holder

and for your client
Mr. Campion.

The detectives may approve
the transfer to Rikers,

where the defendants
will give blood samples.

Nice work, gentlemen.

Four-probe DNA match
on Campion.

It's not so good on Holder...
two-probe, bad sample.

I forget what that says
about the odds.

We got a witness
on Holder.

I'm going to need
more than that.

They filed a civil suit
against the girl.

- Defamation, slander.
- Cerreta: So what?

Public relations.

No, Ezra Gould is not
that kind of lawyer.

- If he goes through with it...
- He has something exculpatory.

They must know something
about that night we don't?

You don't know
what happened, I do.

- What is the agenda here?
- Don't go to the grand jury.
We'll drop the civil suit.

You're asking us to play blind.
Tell us what you have.

What if it doesn't
force you to drop?
We're not handing you our case.

Ezra, are we on
the same planet?

We have a DNA match
on your clients.

Proves sex.
Not rape.

You have zero
on Mr. Holder.

It's a lousy case
and you're ruining
these boys' lives.

Well, these boys ruined
Andrea Fermi's life,

and we're trying
to make them pay for it.

The college is concerned
about a trial.

Are they concerned
about their drunken

fraternity boys
raping a girl?

Do you think
the civil suit is a ploy?

It's a chess game.

There's a pawn on the board
that we don't know.

Where are you going
with the alcohol problem?

She was legally drunk.
No capacity to consent.

Legally drunk
to drive.

But appearances
can be deceiving.

I have two shots of gin,
they can roll me into bed.

She has four,

she may look
perfectly coherent.

Adam, she passed out
on the street.

Iffy. Did she pass out
in that room?

Would you like this
without sugar?

You know the boys
are getting better
press play.

- What does that tell you?
- They'll get better play
from a jury.

- Thank you, Paul.
- What do you want to do?

Forget about the law,
pretend you're a jury.

Find yourself somebody
who'll testify

she wasn't in any condition
to say yes or no.

It doesn't matter
what happens now.

Nobody's ever going
to believe me.

The civil suit
is a problem,

because the only way
it makes sense

is if they have
a witness.

Someone to convince
a jury you consented.

I didn't!

Plus, whatever they have
in their back pocket?

The front pocket
looks pretty good.

- You did know the boys.
- Not that well!

I'm tired of feeling
like a slut.

Have you talked
to Gary Burnham?



The police
think he's frightened
about something.

Did he participate
in the rape?

No, I don't even think
he was there.

I mean,
I didn't see him.

The bartender
remembers you.

He says you went upstairs
with a man in a costume.

Something about big ears.

We went through this.
I don't remember.



I don't know,

maybe it could've been
a mouse...

with big black ears.

Then again...

maybe I'm just
imagining that too.

We been through this
50 times.

No rabbit costume,
no mouse.

You know the bartender
said ears.

- Andrea said black ears.
- That's a major contribution.

Little Bo Peep, Batman,
Master of the Universe,

Abraham Lincoln,
Lee lacocca...

- What?
- I don't know,
they're college kids.

Ronald Reagan,
Nancy Reagan, Wonder Woman,
Snoopy, Spiderman...


Let me have
that card.

Hubble's law
of the critical
energy density.

Beautiful, huh?

Little school girl,
white knee socks.

- She said she was with you.
- She said she felt sick.

Had too much to drink.
So I took her upstairs
to the bathroom.

- Did you leave her there?
- No.

I came back down,
had a drink,

I got worried
when she didn't show,

- I have to testify about this?
- You might have to, yes.

I have a lot of work
to do here, so,

I really shouldn't
have said anything.

You should have
told the police.

- At the time,
I didn't make the connection.
- Absent-minded physicist?

You don't look that
out of it, Mr. Collins.

I went to look
for her,

she came stumbling
out of a room.

Look, these jocks,

if I testify,
they're going to...

We can always finish
this conversation in court.

Okay, Joel runs out,

throws his arms
around her

and sort of carries
her back in.

Joel Holder?

Yeah, Joel Holder.

What would you settle for?

If he'll roll on Campion?
Rape three.

Maybe toss in menacing.

With the questionable DNA,

- rape one is going
to be tough, anyway.
- Even with witnesses.

I hate to roll him, Adam,
but the closer we get
to trial...

I'd be happy with anything
before we get hit

with whatever Holder
and Campion's lawyers have
under their hats.

So far we're basically
shooting blanks.

Set up a meeting
with her tomorrow,

maybe she'll be ready
to plead him out.

I hope so.

Newspapers make
their stories up.

- Just like your defendant.
- Rape third degree, menacing,

with a leniency

- That could still mean prison.
- I'm not going to jail.

You're convicted,
a jury will send you away
for longer than we do.

So you want me to lie,
betray my friend and go
to jail for doing this?

A witness saw you dragging her
from the room.

- I wasn't dragging her!
- Joel!

She was drunk.
I was helping her walk.

I assume Ms. Gifford
informed you that rape

in the first degree holds
a minimum of eight years?

Stop trying to scare him
with numbers.

He's succeeding.
It wasn't rape!

Joel, not another word.

And if it takes a trial
to prove that we're innocent,

then maybe we have
to go through with it.

We'll talk
sexual misconduct.

A misdemeanor?
For what happened to her?

You have the wrong century.

And you have the wrong offer.

I feel for Ms. Fermi.
But she's putting herself
through this for nothing.

And doing it
to my client, too.

Either he's tougher
than he looks

or he believes
what he says.

Let's see
what Campion believes.

You can't prove sex
wasn't consensual.

All you've got is the girl.
And her memory is as bad
as her morals.

We have a DNA match
on your client,

a witness who puts
Ms. Fermi in his room,

and a slew of witnesses
that say she was very drunk...
too drunk to consent.

I read the medical charts.
.13 is not that high.

She was a heavy drinker.

Now, you said you had
something to offer?

Rape three.
With a recommendation.
Plus testimony.

What is he,
a serial killer?

We could discuss...
just discuss sexual

For Mr. Holder, maybe.
Not for Mr. Campion.

I can't believe this.
You're destroying my life.

- Doesn't anybody understand?
- We're just talking.

My mother hardly gets
out of bed anymore.

My father,
who's going broke
to prove I'm innocent,

looks at me
like I can't even
be his son.

- That's enough.
- It's not enough!

You're playing with my life
like it's a game.

Rape three, rape one,
sexual misconduct.
It's a joke.

- Andrea came to the party...
- We discussed this.

And I don't want
to wait.

She knows
what she wanted
and she got it.

If you want proof,
talk to her boyfriend.

Talk to Gary Burnham.
He set it all up.

I haven't heard
the word immunity.

This week I forgot
what it means.

Then my client
forgot what happened.

If he tells the truth
and it's accessory,

he won't be charged.

I invited her
to the party.

But she knew why.

To have sex with some
of the fraternity brothers.

With Holder and Campion?

They just happened
to be first.

It could've been

- She just wanted
to have a good time.
- She told you this?

I found out...

about all the guys
she'd had.

She said it was
no big deal.

I got angry.

I said...

"You want to take on
the whole house,

I can arrange it."

She laughed and said,
"Go ahead."

- You thought
she was serious?
- Not at first.

When I called her
about the party,

I said they
were waiting for her.

She said, "They're going
to love my costume

if they like little girls."

I thought
she meant it.

I thought
she wanted it.

None of it is true?


he thought he was
the first man in my life.

And when we fought,
we said stupid things.

But we didn't mean them.

Did you say the boys
would like your costume
if they liked little girls?

- It was a joke.
- Gary will testify.

So now it's not just my word
against Ted and Joel's?

It's against Gary, too?

You don't want
to go through with this.

Do you?

If the boyfriend's

and the jury sees
a premeditated orgy...

We're on a line,
seduction or betrayal?

Juries like
the seduction side.

I had a breakfast this morning
at the City Club.

Two bankers sitting
behind me.

I listened while
they convinced themselves
she's responsible.

What are we supposed
to do?

Rewrite the entire
sexual history of women
in the courtroom?

The boys think
they did nothing wrong,
and she's vague.

- She threatened, she knew them.
- And she didn't consent.

The Supreme Court in Canada
has allowed women's

sexual histories to be
introduced in rape cases.

Message for you.

Current issue...

"Sex Crimes
and the Law."

Page 54.

"Recent jury studies
show women need

to separate themselves
from the victim.

They need to believe it
could not happen to them.

Therefore, women do not
believe the victim."

- This cheers me right up.
- We need a jury of feminists.

You need a witness to get you
past reasonable doubt.

The law says we don't need

Last time I looked,

Utopia's a small town

Different zip code
from the criminal
court's building.

Gail Carradine's strong,
but she's not strong enough.

Schiff's right.

With Campion
and Holder in ties
and blue blazers,

the jury see
their sons.

They won't see
their daughters
in Andrea.

How about Gail's

What about him?

She said he had
been the president
of the fraternity.


Fraternity presidents
tend to be straight arrows.

Why not appeal
to his honor?

Why don't you try
prosecuting bad guys,
like criminals?

Ted and Joel
are good guys?

You were on the same floor
at the same time this rape
took place.

No, I never saw
a rape.

You really want Theta Phi
to be a fraternity of rapists?

I saw Gary in the hall.

He was sitting down.
He was drunk.

He looked like
he was going to cry.

I asked him
what was wrong,

and he said,
"I should've warned her.

She didn't know."

We had a deal.
You can't charge him.


"If he tells the truth
and it's only accessory,
he won't be charged."

- You lied, Gary.
- It was a mistake.

We have a witness
who talked to you.

You knew
Andrea didn't consent.

You can't get in testimony
against my client. Hearsay.

Statement against
penal interest

in furtherance
of a conspiracy.

- I think we'll get it in.
- Try it.

We'll have an indictment
on Mr. Burnham in 36 hours.

- I just want this to end.
- It can if you cooperate.

A few minutes
with my client,

He'll say
what you want him to.

I can't promise you'll
get a conviction on it.

- Sexual abuse first degree.
- Come on.

If anybody deserves
a misdemeanor, he does.

- He didn't have sex with her.
- Just pimped for those who did.

Sexual abuse two.
You need him.

He's your best hope.

Ted and Joel
told me

she wasn't worth
worrying about.

They'd prove the kind
of girl she was.

When you entered the room,
what did you see?

Ted was having intercourse
with Andrea.

And did Andrea protest?

At first she looked

then she started
to moan.

She tried to sit up,
but Ted pushed her
back down.

His shirt fell over
on her face.

Was that
to prevent her from seeing
who was assaulting her?

Calls for a conclusion.


How long were you
in the room?

When Ted finished,
Joel undressed.

He got on top of her.

It sounded
like she was crying.

Joel finished,
Ted motioned to me
it was my turn.

That's when I left.

Mr. Burnham,
do you have any doubt
at all in your mind

that Andrea
was not consenting

to have sex
with the defendants?


He has no knowledge
of anyone's state of mind.

Statement of intent,
hearsay exception.

Still conclusionary, Mr. Stone.
Objection sustained.

No further questions.

Mr. Burnham,
did you and the other boys
stand around and say,

"Let's get Andrea
to the party and rape her?"

No. We talked
about having sex
with her.

Then you thought
she'd be willing,
isn't that right?

We thought, I mean,
I thought...

If you planned
to have sex with her,

either you assumed
she'd be willing

or she'd
have to be raped.
Now which is it?

We thought
she wouldn't mind.

Wouldn't mind
having intercourse
with your friends?

Why would you
think that?

I guess because
of her reputation.

Ms. Fermi is not
on trial here.


Let me ask
the witness directly.

Did you believe
she wouldn't mind

because she told you
she wouldn't?

I misunderstood her.
I said that...

There was no misunderstanding
in your pre-trial statement.

Are these your words?

"I said, 'lf you want
to take on the whole house,
I can arrange it.'

She laughed and said,
'Go ahead."'

I said later I knew
she didn't mean that.

This was after entering
into a plea bargain agreement

with the District Attorney's

I was sorry
for what happened.

For having lied,
for having hurt Andrea.

I loved her.

Just one more question.

If you thought
she was being raped,

why didn't you try
to stop it?

I don't know.

Ted and Joel
were my friends.

I don't know.

No more questions,
Your Honor.

- Redirect, Your Honor.
- Briefly, Mr. Stone.

Mr. Burnham,
the night of the party,

did Andrea do
or say anything to you

to indicate
she wanted to have sex
with the defendants?

No. Never.

Thank you.

I had been drinking
for maybe an hour.

Do you recall entering
the defendants' room?

It's all hazy.

I remember sitting next
to Ted on the couch

and he held a bottle
of scotch up to my mouth.

Do you remember
being forced to have

Just in flashes.

I'd blacked out.

I remember...

trying to leave
the room once

and somebody
pulled me back in.

And the room was dark...

and I was on the floor...

and it was happening.

What was happening,
Ms. Fermi?

Somebody on top of me...

inside me.

And then somebody else.

And I tried
to push them off.

I said, "Please, no."

But they wouldn't stop.

And something fell over
my face

and I couldn't breathe...

and I passed out.

Thank you.
No further questions.

Ms. Fermi,
we've heard testimony

that you consumed seven
to 10 ounces of alcohol.

- Have you ever had that much
before in an evening?
- Yes.

Can you normally walk
and talk clearly

when you've consumed
that much liquor?

I passed out that night.

So between the time

you had a normal moment
with the defendants

and the time you regained

you can't really say
what happened, can you?

I've already said
what I can remember.

Isn't it possible
you indicated a desire

- to have sex
with the defendants?
- I hardly knew them.

And what I knew of them,
I did not like.

Can you swear,
that in the interim between

the perfectly acceptable
behavior of the defendants

and the time you claim
to have been assaulted,

you gave no indication
that you would have sex
with them?

I told you,
I didn't know them very...

Yes or no, Ms. Fermi.
Can you swear to it?

I cannot believe
that I would've done that.

Isn't it possible
you might've forgotten

you consented
and in a moment of panic

thought you were being raped?

If you think a woman
doesn't know

when she's being raped,

I hope you never find out
how wrong you are.

She was well-prepped.
At least you're still
in the ring.

She was good.
She could've been turned
against herself.

She's about to be.

Andrea slept
with someone else

the night before
the party.

Old boyfriend.
They call him tomorrow.

Son of a bitch.

Our engaged victim.

That's the trump card.

Call her.
I want to see her.

I want to see her now.

How could they have found out
about that?

They have investigators, too.

You realize you've put
this entire case in jeopardy?

If you had told us,
we may have been able
to work around it.

He was lonely,
he wanted me back.

He told me
how beautiful I was.

I let him kiss me...
it just happened.

You always said that
prior sexual experience
wasn't relevant.

It was the night before,
for God's sake.

In the jury's mind,
it bears directly

on your attitude toward
casual sex.

You testified you thought
you were engaged.

But it doesn't change
the fact that I was raped!

Or do you think
it does?

What I don't understand
is why were there only

two types of semen present?
It's viable for 24 hours.

Because Jimmy
and I used a condom.

I always do.

No exceptions?


Mr. Hollis,
you knew about this case.

Why didn't you try
and contact

- either the defense
or the prosecution?
- Why would I?

It had nothing to do
with the rape.

Alleged rape.


Then I talked to the man
in your office,

and I guess I realized
I didn't have any choice.

Thank you.
No more questions.

Mr. Hollis, you testified
this was an impulsive act
on both your parts?

It happened
pretty quick, yes.

Was any precaution taken
against disease transmission
or pregnancy?

We used a condom.

So despite the passion
of the moment,

- you still took the time?
- She insisted.

- She always did.
- Always?

Yes, always.

Thank you.

Your Honor, the People would like
to recall a previous witness.

Andrea always demanded
we use them.

She was fanatical
about it.

So if she were voluntarily
having sex with someone,

it would not be unprotected?

calls for a conclusion.

Then I'll rephrase
the question.

Mr. Burnham,
in your relationship
with Ms. Fermi,

who purchased
the prophylactics?

I usually had them.

If I didn't,
she always kept one
in her purse.

Thank you.
No further questions.

Concerning the defendant
Joel Holder,

on the charge of rape
in the first degree,

how does the jury find?

We find the defendant
not guilty.


Concerning the defendant
Theodore Campion,

on the charge of the rape
in the first degree,

how does the jury find?

We find the defendant
not guilty.

Ms. Fermi! Ms. Fermi,
how do you feel about this?

Reporter #2:
Ms. Fermi!

Was that a bad decision?!

Don't do this to yourself.
You did nothing wrong.

They knew
what they did to me.

They knew
I didn't want them to.

- And that jury
told me I'm guilty.
- They were wrong.

I went through
all of this for nothing.

It may seem like that
this second,

but this verdict
will outrage people,
and the next time...

Great, thank you.
Thank you for the pep talk.

It's nice
to know I performed
a public service.

Ms. Fermi, Ms. Fermi.

The jury made a mistake,
the system let you down.
I'm sorry.

So am I, Mr. Stone.

(theme music plays)