Law & Order (1990–2010): Season 5, Episode 14 - Performance - full transcript
Detectives Briscoe and Logan investigate the possibility that a porno film rented by a group of friends for a stag party is a real snuff film. They manage to identify the girl as 16 year-old Corey Russell and are more than a bit surprised to find her alive. Corey says she was raped by two men while she was out drinking but has no idea who they were. In fact Corey lied and knew the boy, Shane Sutter, who goes to the same school. The other boy involved was Kyle Winters but Corey insists they forced themselves on her. The investigation reveals that the boys were in contest to see how many girls they could have sex with. For ADA McCoy, the challenge will be to convince a jury that Shane was out to score more points and was ready to commit rape to do so and whether his approach will withstand an appeal.
NARRATOR: 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.
(WOMAN MOANING)
The one in the yellow G-string?
Yeah.
I think she liked me.
You also believe she's a
grad student at Columbia?
Comp Lit. They're all weird.
I didn't think that was
anatomically possible.
I don't think the Surgeon
General recommends the position.
He ought to put a
warning label on her.
(WOMAN MOANING ON TV)
Hey, Dr. Jerry.
Are you and Sheila
going by Doctor and Mrs.,
or Doctor and Doctor, or
Doctor and Mrs. Doctor?
I have any more drinks, I
don't think there'll be a wedding.
I'll drive you to church.
Hey, you know, I think I left
my wallet in that stripper bar.
WALLY: And here's
couple number two. Yeah!
At least this one's younger than
my mother. GIRL ON TV: Stop it!
And this one can act.
Stop!
I think the handcuffs are motivating
her. It's a method technique.
She looks really scared.
Hey, Frank, it's after 3:00.
You want to share a cab?
I'm married
already. I'm staying.
You know, what do you think
he's going to do with that pillow?
Put it under her ass?
What about that?
Hey, what the...
(SHRIEKING)
(GUN FIRING ON TV)
(MEN EXCLAIMING)
(SHRIEKING)
Stop it! Stop!
(GUN FIRING ON TV)
It's supposed to be a
collection of amateur porn.
You know, horny housewives.
BRISCOE: This was for
a bachelor party? Yeah.
We didn't want to do
hookers. You know, nowadays.
I heard about these things, but I always
thought they were an urban legend.
Where'd you get
this tape, Mr. Baker?
Riga Video on my corner.
My 10-year-old niece was over
last week. I rented Dumbo there.
Well, you did the right
thing, bringing it in.
I'm on my way to the wedding.
I wish the happy
couple a lot of luck.
Snuff films. There were some
fakes floating around in the '80s.
(GIRL SCREAMING ON TV)
You think she's acting?
(GUN FIRING ON TV)
Nope.
Those XXX tapes, I don't watch
them. It is against my religion.
But renting them isn't?
This is America.
It's called Home-Cooked
Pies. You got the box it came in?
KHAN: Let me see.
Here.
"The girls next door you
always dreamed about
"behind closed doors
for the first time."
Or the last time.
Produced by L & B
Entertainment, New York City.
What is all this about?
This tape has been rented many times.
My customers have never complained.
And nobody called the cops.
This is America.
So it's mine. So what?
So there's a girl on it getting
raped, and then getting killed.
Come on. You think I'd
touch something like that?
"L & B Entertainment,
Producer." That's you.
Nice word, producer.
My mother thinks I'm Mike Todd.
You're not.
Hey, come on. I run ads
in swinger magazines.
I mean, every freak in the country's
got a video camera in his bedroom, right?
They send me footage,
I send them 500 bucks.
I compile it, I
dupe it, I ship it out.
NICK: People love the stuff.
So you saw the one
we're talking about?
Maybe the first
couple of minutes.
I mean, all I need to know is that
they're in focus and they're naked.
Where'd you get this footage?
(SIGHS)
What number is it on the tape?
BRISCOE: It's the second one.
Home-Cooked Pies.
There.
(CLEARS THROAT)
The kid in the tape walked in off the
street. He wanted his money in cash.
And you never saw him before?
No.
People know where to find me.
But you got his name, right?
Right. Signed a release.
You'd think this bastard was selling
videos on how to knit an afghan.
If this is what they send in, I'd hate to
see what their private collection's like.
Hey, how'd you like to
be in one of these movies?
Are you kidding? I don't even
like to look at my own X-rays.
Guy says he finds these
scumbags in swinger magazines.
Yeah, let's see if this Malcolm
Zanacek has a current subscription.
Our readers don't pay $50 a year to get
their names on a police report, Detective.
It's a matter of privacy.
And this is a matter
of rape and murder.
And the guy we're looking
for may be one of your readers.
I don't think so.
Rape isn't a part of
the swinging lifestyle.
The pleasure comes from
an open and willing sharing.
But whatever
happened to romance?
Our readers are interested in exploring
another side of their sexual selves.
Yeah. The side
marked "this end up."
Hey, Miss Kerr, we're not asking for
the formula for the secret aphrodisiac.
I'd like to help, but
I'm sure you can...
Look, we can get a warrant
and knock on the door of every
single subscriber of your magazine,
or you can help
us with one name.
Malcolm Zanacek.
(PEOPLE CHATTERING)
Nope.
Maybe your guy likes to
browse at the newsstand.
LOGAN: Okay. All
right, thanks a lot.
What are you
looking for, a date?
"Open-minded MBBF
seeks mature man."
What's that? Male
bisexual bondage freak?
I'm more in the mood
for a BLT. What'd you get?
Big surprise. No record
on Malcolm Zanacek.
It means he's smart enough not
to put his real name on a snuff film.
Yeah, but he's dumb
enough to star in the film.
Dumb but not shy.
There was a witness there.
Somebody was adjusting
focus. The camera moved.
Let's have the video freaks
take a look at the tape.
It was recorded November 23rd, assuming
the clock in the camera was set correctly.
He was celebrating
Thanksgiving a day early.
Well, we didn't see any date
stamp when we watched it.
No, it was coded on the tape.
You can raise it any time
by pushing the right button.
LOGAN: So we got the
when. What about the who?
This is the best I
can do with him.
Great, if we knew who it
was we'd know who it was.
Well, he's about 5'10",
white, late teens to mid-20s.
BRISCOE: Yeah, that narrows
it down to about a million guys.
SCHWARTZ: There
aren't a million of these.
The window?
SCHWARTZ: Yeah, 6' wide
and nearly floor-to-ceiling.
And check out the gate. How
often do you see that around here?
How do we know
it's from around here?
There was a radio on.
ANNOUNCER ON
RADIO: This weekend only.
Selected models on sale at
prices you won't believe, folks.
So come on in at the
Appliance Circus at 555...
Appliance Circus on Broadway.
Can we take another
look at the girl?
(SCREAMING)
Man, she's just a kid.
You want me to print you
a copy? LOGAN: Yeah.
You'll want her thigh, too.
A tattoo of an eyeball
with a knife through it?
Somebody would have made a note.
Well, if the skin was partly decomposed,
would you maybe have missed it?
Yeah. Then we wouldn't
have made a note.
It's about three months ago. White
female. Looked like a teenager.
Who doesn't? Hookers,
runaways, DOA.
And nobody knows their name.
Yeah, with tattoos?
MALONE: Okay.
We got Hell's Angel's wings,
a rose, a rose,
a rose,
unidentified flower,
possibly a rose,
and one "Sandy loves
Frank" on a left buttock.
But this, this is Sandy Wilner.
We cleared this one already.
Was this girl reported missing?
If she was, nobody
mentioned the decoration.
Well, there can't be that
many tattoo parlors around.
Why'd you come to me?
Antonio over on Eighth Street
said this looks like your work.
Antonio can't ink a straight
line so he knew it couldn't be his.
Yeah, I remember this.
The red took very nicely.
Gonna last this girl a lifetime.
It already did.
Dagger through the eye, is
that a standard design of yours?
A little macabre, don't you
think? No, the girl brought it in.
You know her name?
No, but I saved the artwork.
Always looking for new ideas.
Here it is. I wrote
her name on it. Corey.
Nice copy work.
I added some blood.
What is that?
It looks like part
of a flyer to a band.
And the eye is their emblem?
"Live at the Club"
something-or-other, "Seeing-Eye Dogs."
Hey, are you the famous
Seeing-Eye Dogs?
Yeah, we used to be. Now
we're Protozoa. Who are you?
We're the police.
Too late, guys. Sting
already used that one.
You know a girl named Corey?
Why?
Corey. With a "C."
What happened to
her? She got dead.
You know her?
Not me.
She used to hang around
with this crappy drummer
we used when Boffer got sick.
You know, Kenny.
What's his name?
What's his name, Kenny?
Mitchell Pauley.
You know where we can find him?
Yeah. I hear his
career's really taken off.
Corey? What, is she
in trouble or something?
Well, maybe. We heard you
were seeing her pretty regularly.
No, not since last year. I haven't
seen her for a couple months now.
Really, why's that?
She ran away.
Her parents got divorced. Mrs.
Russell, her mom, she's a real bitch.
Corey's kind of messed up.
Hey, she didn't tell you
where she was going?
I mean, weren't
you her boyfriend?
Oh, no, it was casual, man.
I mean, you know how girls just
like to hang out with musicians, right?
Oh, yeah, yeah, right. She never
called you after she ran away?
No, I had a new girl already.
Do you have Mrs.
Russell's address?
There it is.
"Oh, hello, Mrs. Russell.
"We just saw a video of your daughter
getting raped and shot in the head."
You want me to do it?
No, I'll do it.
BRISCOE: Corey?
Yeah. Who are you?
Oh, she's run away
three or four times.
I come home from
work, she's not there.
I don't know if she'll be
back in an hour or two days.
Like you really care.
And this is what I
have to deal with.
Mrs. Russell, we thought
your daughter was dead.
The gun wasn't real.
What kind of a game
were you playing?
Do you realize how
dangerous this is?
I wasn't playing a game.
This tape was in video stores?
Is that all you care about?
Look, somebody has to care
about something sometimes!
Mrs. Russell, why don't we
just take this a little slower...
Yet she thinks I'm evil if I don't
let her get a ring through her nipple.
I never said that.
You're not home
enough to say anything.
You're out making pornography.
You think I let
them do this to me?
You don't understand anything.
Tell it to me, Corey.
What happened?
They raped me.
Who are they?
I met these guys at a party, who took
me to a bar where I met these other guys,
then they invited me
back to their place.
And you went? Mrs. Russell...
I didn't know this
was going to happen.
VAN BUREN: What
were their names?
Al and Bill, I think.
Bill was the one
running the camera.
You don't know their last names?
Where did they take you?
I don't know. I'd
had a lot to drink.
It's not so easy to
get that drunk, Corey.
If you wanna be, it is.
The family of the year it's not.
Hey, a messed-up kid like her is
just asking for something like this.
She's lucky it
wasn't a snuff film.
It looked real. I could've
sworn that girl was killed.
You think the guy faked
it for fun or for $500?
What about the guy who bought it?
Doesn't that make him an accessory?
It might stand up.
It might make him remember
the rapist's real name.
We got him for rape, Mike, even
if we never find the guy who did it.
That is crap, and you know it.
Hey, you paid him for it. That
makes you and him partners.
Your lawyer can
explain it to you.
Hey, I'd tell you
his name if I knew it.
Did you look in here, Nick? I
mean, maybe you wrote it down.
Cut it out.
Okay, you look.
Come here. What...
Look at that. Hey!
I'm going to file a complaint
against you bastards.
Yeah, and we're going to unroll
every inch of tape in your warehouse
looking for evidence.
Look, look, you thought she
was shot. That was an act.
Maybe the rape
was an act, too, huh?
Yeah, we got a 16-year-old girl
who says different. Arrest him, Mike.
I don't want to
get my hands dirty.
I don't know his name. Oh, jeez!
Keep looking. Come on, look.
Wait, wait.
I bought some other tapes
from him before, okay?
Thank you, Nick.
BRISCOE: That's
not the same kid.
LOGAN: And that's not Corey.
BRISCOE: Not much
older than Corey, though.
But this one's not complaining.
Next.
LOGAN: That's him.
With a different girl. Whatever
happened to spin the bottle?
Whatever happened
to their parents?
What was that?
Run it again.
BRISCOE: Did you see that?
Here's where the
recording cut out.
Power failure?
Yeah, it lasted 0.03 seconds,
and during which it did not
record over the previous image.
The guy taped over an old tape?
Don't you?
What's the old tape?
Gangbang Granny?
Looks like a family
birthday party. Yeah.
Check this out.
At Danny's Steak House.
Yes, sir. Right
this way, please.
Detectives, we have a
few birthday parties here.
For old ladies?
Old ladies, young ladies,
men dressed as ladies.
Look, we pulled this off the
video. Does it ring any bells?
Yeah. They had the $8 wine.
Maybe the waiter would
remember. Is he around?
Not since November.
He moved to Vegas.
Believe it or not, that helps. Now
how long has the busboy been with you?
I don't know. Since August.
Okay, so between August and
November, a party of 10, a birthday cake...
I'll check my reservation book.
It was my mother's birthday.
We're a very close family.
Why are the police
investigating?
Well, you did make a
videotape of the party?
Yes.
I'm still waiting to hear
what law got broken.
Rape, Mr. Sutter. And somebody decided
to capture the moment for posterity.
On a tape of my
mother's birthday party?
Well, I made some
copies, I sent them around.
Maybe one of my
cousins threw his out.
I don't know, anyone could
have taken it out of the trash.
Do you recognize
him, Mr. Sutter?
No.
I don't know what
else I can tell you.
"Anyone could have
taken it out of the trash"?
Oh, yeah. The kid can afford a $2,000 video
camera, but he can't afford a $2 tape?
Listen, man, do you think
there's any family resemblance
between the kid and Sutter?
Hard to tell, but I would like
to see Sutter's apartment.
Nice light. I guess you don't get
windows like these except in lofts, huh?
No, I suppose not. You said
you talked to my husband?
Yeah, yeah, we did, but we had a
couple things to ask you if you don't mind.
Is this your bedroom?
No, that's my son's.
Does this have something
to do with Shane?
Does your son have
access to a video camera?
Is Shane in some
kind of trouble?
He might be.
We're gonna need to talk
to him. Where is he now?
At school.
Look, I think I'd
better call my husband.
My mom and dad both called
here. They said I shouldn't talk to you.
Well, play it your way. We
can all talk down at the precinct.
Talk about what?
Videotapes, Shane.
What about videotapes?
Oh, hot stuff.
Young girls, porno, rape.
They sound pretty good. Yeah.
And we got a pretty good
look at you on the tape.
We got a good enough look
that we know you got two big feet.
You do understand that I don't
know what you're talking about?
How about a girl named
Corey Russell, Shane?
I guess you don't know
anything about her either, huh?
Corey? I know her from around.
"Around"? What, you
hang out in the same bars?
I don't go to bars.
I'm underage.
Corey goes to school here. You
want her? I think she's in Geometry.
You told me you didn't
know who did it, Corey.
Do you want me to introduce you to
Shane Sutter? He's across the hall.
God, I can't believe
you tracked him down.
That's what we do here,
Corey. Why did you lie?
Can't we just forget
the whole thing?
Did you lie about
being raped, too?
I did Corey. So?
You handcuffed her to a
bed, you tore her clothes off.
You forced yourself on her.
Then you pretended to shoot her.
Pretended. It was a goof.
It's not a goof,
Shane. It's a felony.
Detective, these kids today...
Are kids.
Would you like to see the
video your kid made of this girl
and then sold for 500 bucks?
But it's not just the boys. These
girls, they call Shane all the time.
You should hear some
of the things they say.
This one said stop, Mrs. Sutter.
It was an act. If Corey's
telling you different, she's lying.
I can't help you, Corey, unless
you tell me what happened.
Did I ask for help?
On the tape you did.
You were screaming for it.
I just wanna leave.
I don't have to
tell you anything.
Look, you can play these games
with your mother all you want,
but you play them with me, little
girl, and I cause you real trouble.
Either that boy committed a
crime, or you did by lying about it.
Somebody's gonna
be arrested here,
and I'm getting so I don't
give a damn who it is.
(EXHALES)
I have to see him and the
other Rangers every day.
What Rangers?
The Mack Rangers.
Shane's friends. It's
what they're called.
Did they threaten you?
I knew it would happen.
I had nowhere to go.
One of these other
boys made the video?
Kyle Winters.
I didn't know it was
going to be like that.
Corey, did Shane Sutter have
your consent to do what he did?
No. It was so awful.
Did he have your consent?
That's all I need to know.
(SIGHS)
No.
Shane Sutter, you are under
arrest for the rape of Corey Russell.
You have the right
to remain silent.
Anything you do say can and will
be used against you in a court of law.
You understand? You
have the right to an attorney.
If you cannot afford one,
one will be provided for you.
BAILIFF: "Case number 775587.
"People v. Shane
Sutter and Kyle Winters.
"Rape in the first degree."
Let's have a plea.
Not guilty. Not guilty.
People request $200,000
for each defendant.
GREER: They're
minors, Your Honor.
We ask they be remanded
to the custody of their parents.
Parental control means
nothing to them, Your Honor.
They raped a 16-year-old girl
while making a pornographic tape
at the home of one
of the defendants.
They made a tape of it?
And they sold it, Your Honor.
Your Honor, the boys'
parents are here today.
They'll agree to whatever
supervision the court stipulates.
So, based on their track record, seems
to me they could use a little incentive.
Bail is set at $100,000
for each defendant. Next.
I don't know what you
people are going nuts over.
Corey wanted to hook up with
us. She wanted to be in our video.
She screamed no, but
she really meant yes?
It was an act. The bitch
deserves the Sharon Stone award.
Kyle, please. Mr. McCoy,
if we're in for a lecture on the
moral decay of society, skip it.
My client's already
late for school.
Sit down and listen.
His behavior turns my stomach,
but your client's not the
principal actor in this crime.
You're offering us a deal?
If he testifies
against Shane Sutter.
Must mean that you're not entirely
convinced by Miss Russell's performance.
You really want to bet on
how convinced a jury will be?
What kind of deal
we talking about?
This is a joke, man. I'm not
saying anything against Shane.
LAURIN: Kyle. KYLE:
No way, no how.
Look, Corey spread them
because she wanted it.
She wasn't there
to play Mario Bros.
She's only saying it's rape
because she's embarrassed.
The kid acts as if he was making an
audition tape for the NYU Film School.
Maybe the girl was
auditioning for Yale Drama.
She convinced three cops.
The boy's ready to go to
prison to protect a rapist?
According to Corey, Kyle and
Shane are part of a clique at school.
The Mack Rangers.
Must've taken an
oath of stupidity.
Even the mob doesn't command
that kind of loyalty anymore.
They made other
tapes with other girls.
Maybe Corey isn't the only one
who had to be handcuffed to a bed.
We'd all go to Shane's place after school,
watch Beavis and Butthead. Mess around.
I thought making
a tape'd be fun.
You went along with it?
Did they tell you they
planned to sell the tape?
Yeah. I kind of got a little kick
thinking some perv's watching me do it.
But that's not the point anyway.
What was the point?
Well, the guys I did it with, they
needed it for the proof that we did it.
Proof for whom?
The other Mack
Rangers at school.
They keep score.
Like, one girl, one point.
You know, it's dumb, I
guess it's just guy stuff.
And all the girls
went along with this?
The ones I hang with.
I mean, look, the
Rangers are cool.
You do it anyway, you
might as well do it with them.
They're not gonna get all goofy on you,
like they're your boyfriend or anything.
Corey Russell says
that Shane raped her.
Like he'd have to.
Come on, Corey is no virgin.
Anyway, these guys, they're
into scoring, not hurting.
They tell you stuff like,
"Oh, come on, baby. Everybody's
doing it." They act real sweet.
After, they tell all
the other Rangers,
and there you are on the
shelf like some kind of trophy.
If you knew their
reputation, why did you do it?
Same as everybody.
I liked the attention.
See, these are the cool guys in school,
you know. They kind of run the place.
The school knows
this is going on?
What're they gonna do,
hand out chastity belts?
And if you said no?
No problem, as long as you don't mind
being a leper for the rest of the year.
See, this girl, Beth Ritchie,
she didn't want any part of it.
So Shane and all the other guys,
you know, they kind of whirlpooled her.
They got all around her
in the swimming pool.
They touched her everywhere.
They even took her top off.
Did she complain to the school?
They couldn't prove anything.
Next day, the buzz in
class was she had AIDS.
The Rangers started a rumor?
Yeah, they ragged on her so bad.
They even said she did it with
her brother. She had to transfer.
See, I don't have
anywhere to transfer to.
(BELL RINGING)
You paint a picture of orgies
in the hallways, Miss Kincaid.
Points for sex, Mr. Marx?
It's hard enough getting
them to show up for class.
You try stopping
them from having sex.
What about Beth Ritchie?
She didn't want to have
sex. No one helped her.
We investigated her problem
with the boys in the swimming pool.
Yeah, well, her problem
sounds like an assault.
Well, what Beth said happened and what
could be proven are two different things.
You spoke to the
boys? To the witnesses?
I'm a vice-principal, Miss
Kincaid, not a policeman.
We're talking about over-stimulated
teenagers who can't turn on a TV
without getting an insider's
view of Madonna's cleavage.
Now that's tough competition for
lectures on Hannibal's Carthage.
So the school ignores the
problem, hoping it'll go away?
We teach our girls to say no.
Well, what are you
teaching the boys?
Points for what?
It's the Mack Rangers'
idea of an intramural sport.
And they play dirty.
Vicious rumors, assaults.
Well, none of it's
admissible in this case.
They created an atmosphere
of terror in that school.
A few girls were
happy to play along.
For the rest, the peer
pressure was intolerable.
Peer pressure
isn't against the law.
Rape is.
And the defense is gonna say Corey
Russell wanted to be with the in-crowd.
That's when I'll introduce
evidence of peer pressure.
And that will make
the girl look willing.
I'm not talking about
pressure on her.
I mean pressure on Shane.
JACK: He had to score
points to stay in the game.
Points, yeah.
It gave him motive
to commit rape.
And that same pressure got Corey up
into his apartment to give him opportunity.
All right, you got something
legal here and inadmissible.
And you wanna sneak it in
the back door twice. I like it.
BETH: They all came on to me.
Shane, Kyle, Ethan, all of them.
I didn't want to have
anything to do with them.
Then they started bumping me in
the hallway, grabbing my breasts.
By "them," Miss Ritchie, you mean
members of the so-called Mack Rangers?
I renew my objection.
The defendant's association with
this club is prejudicial and irrelevant.
It goes to the heart of the crime,
Your Honor. Motive and opportunity.
I'll let it in. You're overruled,
Mr. Greer. Exception.
Noted. You may answer
the question, Miss Ritchie.
Yes. They were the Mack Rangers.
And what, if anything, happened to you in
the school swimming pool last November?
They surrounded
me in the shallow end.
They started pinching me
and touching me all over.
I tried to get out, they
held my head under water.
I thought I was going to drown.
They pulled the top of my bathing
suit down while I was trying to breathe.
JACK: And did they
say anything to you?
Objection, Your Honor. Hearsay.
Statement against interest.
Overruled.
They called me
names. "Bitch." "Dyke."
Shane said the Mack Rangers
don't take no for an answer.
JACK: Thank you.
How long did you go to
school with the defendants?
Year and a half.
Did either of them
ever rape you?
No.
I guess they did
take no for an answer.
I didn't really want to
go to Shane's place.
But I felt I kind of had to.
Can you explain that?
I knew what happened to Beth,
and I thought if I just did it with him,
I wouldn't have to
worry about it anymore.
JACK: What happened
at Shane's apartment?
Shane, Kyle and
I, we had a beer.
And then Shane and I went into his
room, and we started fooling around.
And he put these
handcuffs on me.
It was getting really weird.
And then Kyle came in with the
camera, and that's when I said no way.
And I told him to stop.
And what did Shane do?
He kept going.
He took my panties off, and Kyle
was moving around with the camera,
and that's when Shane did it.
What did he do, Miss Russell?
He got inside me.
And then he pulled out this gun.
He covered my face with a pillow,
and I heard this loud bang right in my ear.
JACK: And then?
I was crying.
Shane took off the handcuffs.
They were laughing.
I got dressed and I left.
They were still laughing.
At this time, I'd like to play
People's One, Your Honor.
Proceed.
COREY ON TAPE: Stop it!
JACK: Can you identify the
people on the tape, Corey?
COREY ON TAPE: Stop!
That's me. And that's Shane.
Get off me! Get off! Stop!
(COREY SCREAMING ON TAPE)
This really hurts.
Stop it! Stop it! Stop!
Get off me!
No!
(COREY CRYING ON TAPE)
Please.
Stop!
(GUN FIRING ON TAPE)
Thank you.
Ms. Russell, after you
left Shane's apartment,
did you report this
alleged rape to the police?
No.
GREER: Did you see a doctor?
No.
Did you tell your mother?
I couldn't tell her that.
In other words,
it wasn't until after the police showed
up at your front door with this tape
that you cried rape.
I was raped.
Certainly convenient to say so
after that tape came to light, wasn't it?
JACK: Objection.
Withdrawn. No more questions.
Actually, the whole thing
was sort of Corey's idea.
She wanted to do something
different than the other girls.
She was, like, showing off.
So she went up to your
apartment of her own free will?
She kept asking
when she could come.
And in everything that we saw on that tape,
Miss Russell was a willing participant?
She told Kyle where to stand. She
wanted him to get the best angle.
GREER: No more questions.
So what we've seen is just
your way of doing Corey a favor?
I wouldn't say
favor. It was mutual.
She wanted to be raped,
and you obliged her?
It wasn't rape.
You said that Corey wanted to do
something different than the other girls.
By the other girls, you mean the other
girls that you and the other Mack Rangers
had sex with?
Yeah.
SHANE: The
other girls at school.
And you got one point
for each girl, is that right?
Your Honor.
Sit down, Mr. Greer.
We've heard about this
competition before, Mr. Sutter.
One girl, one point, right?
Right.
At the time that you made
the tape, how were you doing?
Fine.
JACK: How many
points did you have?
Your Honor?
Answer the question, Mr. Sutter.
Seventeen.
JACK: So were
you in first place?
SHANE: No.
Were you in second place?
No.
You weren't doing
too well, were you?
I was third and moving up.
DOREMUS: Has the
jury reached a verdict?
FOREMAN: Yes, Your Honor.
Against the defendant, Kyle Winters,
on the sole count of the indictment,
rape in the first degree,
how do you find?
We find the defendant guilty.
Against the defendant,
Shane Sutter,
on the sole count of the indictment,
rape in the first degree, how do you find?
We find the defendant guilty.
Thank you, sir. Jury is excused.
Bail continued pending sentencing.
(GAVEL BANGS)
The pre-sentence report
recommended the minimum.
Two years. Wonderful.
Be out in time for graduation.
Greer filed his
notice of appeal.
All evidence relating to the Mack
Rangers should have been excluded.
Why? Because without
it, Greer might have won?
First Amendment.
The Constitution?
Yeah, that pesky thing.
MCNAMARA: Are you sure you're not elevating
this matter excessively, Counselor?
The right of free association, Your Honors,
is as fundamental to American liberties
as freedom of speech.
Even if the association in question
is engaged in criminal behavior?
No such evidence
was presented at trial.
The People dwelt at length
on my client's association with
non-criminal activities
of the Mack Rangers.
That would be the
points-for-sex competition?
Which may be
abhorrent but is not illegal.
The People claimed
it went to motive.
That was the claim.
I submit they in fact
accomplished their real goal,
which was to inflame
the passion of the jury
by appealing to its members'
sense of moral outrage.
Thank you, Your Honors.
This court has consistently held that
evidence of motive may be introduced
to weaken the presumption of
innocence and to establish guilt.
Can the State accomplish that
at the expense of
constitutional rights, Mr. McCoy?
In Dawson, the Supreme Court rejected
the evidence of a defendant's membership
in a racist gang.
In Dawson, the crime charged
wasn't motivated by racism.
In this case, the crime is
rape. The only issue is consent.
Rape typically is both
the means and the end.
In this case, it was the
means to an end, points.
SANDERSON: Do the People concede
the defendants didn't rape any
of the other girls to obtain points?
Yes, Your Honor,
but... If the competition
had led to other rapes, you could
have established a pattern of conduct
under Molineux.
But that didn't apply, so you dressed
the same evidence up as motive.
(PEOPLE CHATTERING)
Rule number one,
never drink at work.
Rule number two, never
discuss work while drinking.
They've overturned the verdicts
and remanded for a new trial.
Evidence of the Mack
Rangers is excluded.
Rule number three, if
rule number two is broken,
never drink alone.
I just want you to understand a
jury may not believe Corey's story
without understanding
why Shane did it.
And that evidence is now gone.
We can't go through
this again anyway.
CLAIRE: We? What
about you, Corey?
I don't care.
If they're not convicted, Corey,
you're going to have to
see these boys every day.
She's going to live with her
father in Michigan. New school.
Yeah, I wonder how long
before they hear about it there.
Would you rather they hear
you're a victim who got justice?
Or that you're
a slut and a liar?
What difference does it make?
What that girl needs is counseling.
Not another trial you can't win.
I think I can convince her to
testify. And I think I can win.
Well, that's great. All right,
you get an A for self-esteem.
But without the Mack
Rangers evidence,
your case makes exciting
bedtime reading, and that's it.
Great. So the boys go back to school
bragging about how they beat the law.
And the girls start lining
up again to be humiliated.
You want to save
them? Tell me how.
JACK: What if we
aimed wrong before?
The Mack Rangers
aren't evidence of a crime.
They are the crime.
Mack Rangers as a
criminal conspiracy.
To commit rape.
Under the conspiracy law, we don't
even have to prove they committed one.
You have to prove
that they agreed to.
The only reason
they exist is for sex.
And when they whirlpooled that girl, they
said, "We don't take no for an answer."
Then you also have to prove that at
least one of them committed an overt act
implementing the agreement.
Every threat, every act of
intimidation. That's very cute.
But the appeals court just shot you
down when you had a good argument.
You think you can win this one?
I don't think we'll have to.
I left my aerobics shoes
at the Vertical Club.
So you exercise there. But you just
don't like to exercise here? Is that it?
Well, they don't
make you wear...
Excuse me. Can I help you?
Here's our hall pass.
All right, listen up,
folks. Hold the action.
We're from the New York
City Police Department.
We're gonna call out some names.
If you hear your name, I want
you to step up to the foul line.
Mayfield, Winters,
Henderson, Quinn, Kort
and the sentimental
favorite, Shane Sutter.
You are all under arrest for
conspiracy to commit rape.
You have the right
to remain silent.
Anything you do say can and will
be used against you in a court of law.
(KNOCKING ON DOOR)
Yeah.
You're going to wait? It's
only the first night, Jack.
I'll stay till the
dinner table's cleared.
That's when it hit
the fan in my house.
We know they're loyal.
Kyle already risked a rape
conviction to protect Shane.
That leaves four.
Don't you think there's
one boy in the group
who'd rather go to
college than prison?
Or one parent who's making a
stronger appeal than you or I could?
You won't take it personally if I
don't man the lighthouse with you?
Nah.
(PHONE RINGING)
You understand, Mr. McCoy,
we're only interested in full immunity.
No jail, no probation,
no charges.
Preferably, the
arrest is expunged.
And what do we get from Mr. Quinn
in exchange for our largesse?
Anything you want to know
about the Mack Rangers.
Whatever you need
to make your case.
This is wrong. I
don't want... Shut up.
No, thanks. I can make the
conspiracy case without him.
Then why are you doing this?
I want Shane Sutter for rape.
I told you there was no...
If I have to tell you
to shut up again,
you're going to remember it.
Mr. Quinn, did Shane ever tell
you what he did to Corey Russell?
Ethan, talk.
How many points do you think
you'll be worth in prison, son?
Shane bragged about it.
He said Corey put
up a hell of a fight.
He said he ought
to get double points.
I've never heard of this other
boy before. I think he's lying.
You can tell yourself
whatever you want, Mr. Sutter.
I have what I
need to go to a jury.
What are you offering, Jack?
Who cares? My son didn't rape
anybody. These girls give it away.
Stop saying that. You act like
he didn't do anything wrong.
Monica. Not here!
The sentencing
recommendation was two years.
Fine. And he
allocutes. Starting now.
Tell your father what
you did to Corey Russell.
I told you. She wanted
to be there. They all did.
It was no big deal. She
got cold feet, that's all.
So she wasn't acting?
No. She was mad. Even after.
I didn't think she would be.
JACK: After what?
After you helped her
get over her cold feet?
Yeah. Against her will?
You have to say it, Shane.
Yes. She was really fighting.
So you raped her?
Yeah, fine. I raped her.
We dealt Kyle Winters,
too. Eighteen months.
Drop the conspiracy case.
You've got what you wanted.
I think they should
all be going to jail.
They still don't think
they did anything wrong.
Maybe seeing their friends
in Attica will convince them.
Teenage boys? Good luck.
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.
(WOMAN MOANING)
The one in the yellow G-string?
Yeah.
I think she liked me.
You also believe she's a
grad student at Columbia?
Comp Lit. They're all weird.
I didn't think that was
anatomically possible.
I don't think the Surgeon
General recommends the position.
He ought to put a
warning label on her.
(WOMAN MOANING ON TV)
Hey, Dr. Jerry.
Are you and Sheila
going by Doctor and Mrs.,
or Doctor and Doctor, or
Doctor and Mrs. Doctor?
I have any more drinks, I
don't think there'll be a wedding.
I'll drive you to church.
Hey, you know, I think I left
my wallet in that stripper bar.
WALLY: And here's
couple number two. Yeah!
At least this one's younger than
my mother. GIRL ON TV: Stop it!
And this one can act.
Stop!
I think the handcuffs are motivating
her. It's a method technique.
She looks really scared.
Hey, Frank, it's after 3:00.
You want to share a cab?
I'm married
already. I'm staying.
You know, what do you think
he's going to do with that pillow?
Put it under her ass?
What about that?
Hey, what the...
(SHRIEKING)
(GUN FIRING ON TV)
(MEN EXCLAIMING)
(SHRIEKING)
Stop it! Stop!
(GUN FIRING ON TV)
It's supposed to be a
collection of amateur porn.
You know, horny housewives.
BRISCOE: This was for
a bachelor party? Yeah.
We didn't want to do
hookers. You know, nowadays.
I heard about these things, but I always
thought they were an urban legend.
Where'd you get
this tape, Mr. Baker?
Riga Video on my corner.
My 10-year-old niece was over
last week. I rented Dumbo there.
Well, you did the right
thing, bringing it in.
I'm on my way to the wedding.
I wish the happy
couple a lot of luck.
Snuff films. There were some
fakes floating around in the '80s.
(GIRL SCREAMING ON TV)
You think she's acting?
(GUN FIRING ON TV)
Nope.
Those XXX tapes, I don't watch
them. It is against my religion.
But renting them isn't?
This is America.
It's called Home-Cooked
Pies. You got the box it came in?
KHAN: Let me see.
Here.
"The girls next door you
always dreamed about
"behind closed doors
for the first time."
Or the last time.
Produced by L & B
Entertainment, New York City.
What is all this about?
This tape has been rented many times.
My customers have never complained.
And nobody called the cops.
This is America.
So it's mine. So what?
So there's a girl on it getting
raped, and then getting killed.
Come on. You think I'd
touch something like that?
"L & B Entertainment,
Producer." That's you.
Nice word, producer.
My mother thinks I'm Mike Todd.
You're not.
Hey, come on. I run ads
in swinger magazines.
I mean, every freak in the country's
got a video camera in his bedroom, right?
They send me footage,
I send them 500 bucks.
I compile it, I
dupe it, I ship it out.
NICK: People love the stuff.
So you saw the one
we're talking about?
Maybe the first
couple of minutes.
I mean, all I need to know is that
they're in focus and they're naked.
Where'd you get this footage?
(SIGHS)
What number is it on the tape?
BRISCOE: It's the second one.
Home-Cooked Pies.
There.
(CLEARS THROAT)
The kid in the tape walked in off the
street. He wanted his money in cash.
And you never saw him before?
No.
People know where to find me.
But you got his name, right?
Right. Signed a release.
You'd think this bastard was selling
videos on how to knit an afghan.
If this is what they send in, I'd hate to
see what their private collection's like.
Hey, how'd you like to
be in one of these movies?
Are you kidding? I don't even
like to look at my own X-rays.
Guy says he finds these
scumbags in swinger magazines.
Yeah, let's see if this Malcolm
Zanacek has a current subscription.
Our readers don't pay $50 a year to get
their names on a police report, Detective.
It's a matter of privacy.
And this is a matter
of rape and murder.
And the guy we're looking
for may be one of your readers.
I don't think so.
Rape isn't a part of
the swinging lifestyle.
The pleasure comes from
an open and willing sharing.
But whatever
happened to romance?
Our readers are interested in exploring
another side of their sexual selves.
Yeah. The side
marked "this end up."
Hey, Miss Kerr, we're not asking for
the formula for the secret aphrodisiac.
I'd like to help, but
I'm sure you can...
Look, we can get a warrant
and knock on the door of every
single subscriber of your magazine,
or you can help
us with one name.
Malcolm Zanacek.
(PEOPLE CHATTERING)
Nope.
Maybe your guy likes to
browse at the newsstand.
LOGAN: Okay. All
right, thanks a lot.
What are you
looking for, a date?
"Open-minded MBBF
seeks mature man."
What's that? Male
bisexual bondage freak?
I'm more in the mood
for a BLT. What'd you get?
Big surprise. No record
on Malcolm Zanacek.
It means he's smart enough not
to put his real name on a snuff film.
Yeah, but he's dumb
enough to star in the film.
Dumb but not shy.
There was a witness there.
Somebody was adjusting
focus. The camera moved.
Let's have the video freaks
take a look at the tape.
It was recorded November 23rd, assuming
the clock in the camera was set correctly.
He was celebrating
Thanksgiving a day early.
Well, we didn't see any date
stamp when we watched it.
No, it was coded on the tape.
You can raise it any time
by pushing the right button.
LOGAN: So we got the
when. What about the who?
This is the best I
can do with him.
Great, if we knew who it
was we'd know who it was.
Well, he's about 5'10",
white, late teens to mid-20s.
BRISCOE: Yeah, that narrows
it down to about a million guys.
SCHWARTZ: There
aren't a million of these.
The window?
SCHWARTZ: Yeah, 6' wide
and nearly floor-to-ceiling.
And check out the gate. How
often do you see that around here?
How do we know
it's from around here?
There was a radio on.
ANNOUNCER ON
RADIO: This weekend only.
Selected models on sale at
prices you won't believe, folks.
So come on in at the
Appliance Circus at 555...
Appliance Circus on Broadway.
Can we take another
look at the girl?
(SCREAMING)
Man, she's just a kid.
You want me to print you
a copy? LOGAN: Yeah.
You'll want her thigh, too.
A tattoo of an eyeball
with a knife through it?
Somebody would have made a note.
Well, if the skin was partly decomposed,
would you maybe have missed it?
Yeah. Then we wouldn't
have made a note.
It's about three months ago. White
female. Looked like a teenager.
Who doesn't? Hookers,
runaways, DOA.
And nobody knows their name.
Yeah, with tattoos?
MALONE: Okay.
We got Hell's Angel's wings,
a rose, a rose,
a rose,
unidentified flower,
possibly a rose,
and one "Sandy loves
Frank" on a left buttock.
But this, this is Sandy Wilner.
We cleared this one already.
Was this girl reported missing?
If she was, nobody
mentioned the decoration.
Well, there can't be that
many tattoo parlors around.
Why'd you come to me?
Antonio over on Eighth Street
said this looks like your work.
Antonio can't ink a straight
line so he knew it couldn't be his.
Yeah, I remember this.
The red took very nicely.
Gonna last this girl a lifetime.
It already did.
Dagger through the eye, is
that a standard design of yours?
A little macabre, don't you
think? No, the girl brought it in.
You know her name?
No, but I saved the artwork.
Always looking for new ideas.
Here it is. I wrote
her name on it. Corey.
Nice copy work.
I added some blood.
What is that?
It looks like part
of a flyer to a band.
And the eye is their emblem?
"Live at the Club"
something-or-other, "Seeing-Eye Dogs."
Hey, are you the famous
Seeing-Eye Dogs?
Yeah, we used to be. Now
we're Protozoa. Who are you?
We're the police.
Too late, guys. Sting
already used that one.
You know a girl named Corey?
Why?
Corey. With a "C."
What happened to
her? She got dead.
You know her?
Not me.
She used to hang around
with this crappy drummer
we used when Boffer got sick.
You know, Kenny.
What's his name?
What's his name, Kenny?
Mitchell Pauley.
You know where we can find him?
Yeah. I hear his
career's really taken off.
Corey? What, is she
in trouble or something?
Well, maybe. We heard you
were seeing her pretty regularly.
No, not since last year. I haven't
seen her for a couple months now.
Really, why's that?
She ran away.
Her parents got divorced. Mrs.
Russell, her mom, she's a real bitch.
Corey's kind of messed up.
Hey, she didn't tell you
where she was going?
I mean, weren't
you her boyfriend?
Oh, no, it was casual, man.
I mean, you know how girls just
like to hang out with musicians, right?
Oh, yeah, yeah, right. She never
called you after she ran away?
No, I had a new girl already.
Do you have Mrs.
Russell's address?
There it is.
"Oh, hello, Mrs. Russell.
"We just saw a video of your daughter
getting raped and shot in the head."
You want me to do it?
No, I'll do it.
BRISCOE: Corey?
Yeah. Who are you?
Oh, she's run away
three or four times.
I come home from
work, she's not there.
I don't know if she'll be
back in an hour or two days.
Like you really care.
And this is what I
have to deal with.
Mrs. Russell, we thought
your daughter was dead.
The gun wasn't real.
What kind of a game
were you playing?
Do you realize how
dangerous this is?
I wasn't playing a game.
This tape was in video stores?
Is that all you care about?
Look, somebody has to care
about something sometimes!
Mrs. Russell, why don't we
just take this a little slower...
Yet she thinks I'm evil if I don't
let her get a ring through her nipple.
I never said that.
You're not home
enough to say anything.
You're out making pornography.
You think I let
them do this to me?
You don't understand anything.
Tell it to me, Corey.
What happened?
They raped me.
Who are they?
I met these guys at a party, who took
me to a bar where I met these other guys,
then they invited me
back to their place.
And you went? Mrs. Russell...
I didn't know this
was going to happen.
VAN BUREN: What
were their names?
Al and Bill, I think.
Bill was the one
running the camera.
You don't know their last names?
Where did they take you?
I don't know. I'd
had a lot to drink.
It's not so easy to
get that drunk, Corey.
If you wanna be, it is.
The family of the year it's not.
Hey, a messed-up kid like her is
just asking for something like this.
She's lucky it
wasn't a snuff film.
It looked real. I could've
sworn that girl was killed.
You think the guy faked
it for fun or for $500?
What about the guy who bought it?
Doesn't that make him an accessory?
It might stand up.
It might make him remember
the rapist's real name.
We got him for rape, Mike, even
if we never find the guy who did it.
That is crap, and you know it.
Hey, you paid him for it. That
makes you and him partners.
Your lawyer can
explain it to you.
Hey, I'd tell you
his name if I knew it.
Did you look in here, Nick? I
mean, maybe you wrote it down.
Cut it out.
Okay, you look.
Come here. What...
Look at that. Hey!
I'm going to file a complaint
against you bastards.
Yeah, and we're going to unroll
every inch of tape in your warehouse
looking for evidence.
Look, look, you thought she
was shot. That was an act.
Maybe the rape
was an act, too, huh?
Yeah, we got a 16-year-old girl
who says different. Arrest him, Mike.
I don't want to
get my hands dirty.
I don't know his name. Oh, jeez!
Keep looking. Come on, look.
Wait, wait.
I bought some other tapes
from him before, okay?
Thank you, Nick.
BRISCOE: That's
not the same kid.
LOGAN: And that's not Corey.
BRISCOE: Not much
older than Corey, though.
But this one's not complaining.
Next.
LOGAN: That's him.
With a different girl. Whatever
happened to spin the bottle?
Whatever happened
to their parents?
What was that?
Run it again.
BRISCOE: Did you see that?
Here's where the
recording cut out.
Power failure?
Yeah, it lasted 0.03 seconds,
and during which it did not
record over the previous image.
The guy taped over an old tape?
Don't you?
What's the old tape?
Gangbang Granny?
Looks like a family
birthday party. Yeah.
Check this out.
At Danny's Steak House.
Yes, sir. Right
this way, please.
Detectives, we have a
few birthday parties here.
For old ladies?
Old ladies, young ladies,
men dressed as ladies.
Look, we pulled this off the
video. Does it ring any bells?
Yeah. They had the $8 wine.
Maybe the waiter would
remember. Is he around?
Not since November.
He moved to Vegas.
Believe it or not, that helps. Now
how long has the busboy been with you?
I don't know. Since August.
Okay, so between August and
November, a party of 10, a birthday cake...
I'll check my reservation book.
It was my mother's birthday.
We're a very close family.
Why are the police
investigating?
Well, you did make a
videotape of the party?
Yes.
I'm still waiting to hear
what law got broken.
Rape, Mr. Sutter. And somebody decided
to capture the moment for posterity.
On a tape of my
mother's birthday party?
Well, I made some
copies, I sent them around.
Maybe one of my
cousins threw his out.
I don't know, anyone could
have taken it out of the trash.
Do you recognize
him, Mr. Sutter?
No.
I don't know what
else I can tell you.
"Anyone could have
taken it out of the trash"?
Oh, yeah. The kid can afford a $2,000 video
camera, but he can't afford a $2 tape?
Listen, man, do you think
there's any family resemblance
between the kid and Sutter?
Hard to tell, but I would like
to see Sutter's apartment.
Nice light. I guess you don't get
windows like these except in lofts, huh?
No, I suppose not. You said
you talked to my husband?
Yeah, yeah, we did, but we had a
couple things to ask you if you don't mind.
Is this your bedroom?
No, that's my son's.
Does this have something
to do with Shane?
Does your son have
access to a video camera?
Is Shane in some
kind of trouble?
He might be.
We're gonna need to talk
to him. Where is he now?
At school.
Look, I think I'd
better call my husband.
My mom and dad both called
here. They said I shouldn't talk to you.
Well, play it your way. We
can all talk down at the precinct.
Talk about what?
Videotapes, Shane.
What about videotapes?
Oh, hot stuff.
Young girls, porno, rape.
They sound pretty good. Yeah.
And we got a pretty good
look at you on the tape.
We got a good enough look
that we know you got two big feet.
You do understand that I don't
know what you're talking about?
How about a girl named
Corey Russell, Shane?
I guess you don't know
anything about her either, huh?
Corey? I know her from around.
"Around"? What, you
hang out in the same bars?
I don't go to bars.
I'm underage.
Corey goes to school here. You
want her? I think she's in Geometry.
You told me you didn't
know who did it, Corey.
Do you want me to introduce you to
Shane Sutter? He's across the hall.
God, I can't believe
you tracked him down.
That's what we do here,
Corey. Why did you lie?
Can't we just forget
the whole thing?
Did you lie about
being raped, too?
I did Corey. So?
You handcuffed her to a
bed, you tore her clothes off.
You forced yourself on her.
Then you pretended to shoot her.
Pretended. It was a goof.
It's not a goof,
Shane. It's a felony.
Detective, these kids today...
Are kids.
Would you like to see the
video your kid made of this girl
and then sold for 500 bucks?
But it's not just the boys. These
girls, they call Shane all the time.
You should hear some
of the things they say.
This one said stop, Mrs. Sutter.
It was an act. If Corey's
telling you different, she's lying.
I can't help you, Corey, unless
you tell me what happened.
Did I ask for help?
On the tape you did.
You were screaming for it.
I just wanna leave.
I don't have to
tell you anything.
Look, you can play these games
with your mother all you want,
but you play them with me, little
girl, and I cause you real trouble.
Either that boy committed a
crime, or you did by lying about it.
Somebody's gonna
be arrested here,
and I'm getting so I don't
give a damn who it is.
(EXHALES)
I have to see him and the
other Rangers every day.
What Rangers?
The Mack Rangers.
Shane's friends. It's
what they're called.
Did they threaten you?
I knew it would happen.
I had nowhere to go.
One of these other
boys made the video?
Kyle Winters.
I didn't know it was
going to be like that.
Corey, did Shane Sutter have
your consent to do what he did?
No. It was so awful.
Did he have your consent?
That's all I need to know.
(SIGHS)
No.
Shane Sutter, you are under
arrest for the rape of Corey Russell.
You have the right
to remain silent.
Anything you do say can and will
be used against you in a court of law.
You understand? You
have the right to an attorney.
If you cannot afford one,
one will be provided for you.
BAILIFF: "Case number 775587.
"People v. Shane
Sutter and Kyle Winters.
"Rape in the first degree."
Let's have a plea.
Not guilty. Not guilty.
People request $200,000
for each defendant.
GREER: They're
minors, Your Honor.
We ask they be remanded
to the custody of their parents.
Parental control means
nothing to them, Your Honor.
They raped a 16-year-old girl
while making a pornographic tape
at the home of one
of the defendants.
They made a tape of it?
And they sold it, Your Honor.
Your Honor, the boys'
parents are here today.
They'll agree to whatever
supervision the court stipulates.
So, based on their track record, seems
to me they could use a little incentive.
Bail is set at $100,000
for each defendant. Next.
I don't know what you
people are going nuts over.
Corey wanted to hook up with
us. She wanted to be in our video.
She screamed no, but
she really meant yes?
It was an act. The bitch
deserves the Sharon Stone award.
Kyle, please. Mr. McCoy,
if we're in for a lecture on the
moral decay of society, skip it.
My client's already
late for school.
Sit down and listen.
His behavior turns my stomach,
but your client's not the
principal actor in this crime.
You're offering us a deal?
If he testifies
against Shane Sutter.
Must mean that you're not entirely
convinced by Miss Russell's performance.
You really want to bet on
how convinced a jury will be?
What kind of deal
we talking about?
This is a joke, man. I'm not
saying anything against Shane.
LAURIN: Kyle. KYLE:
No way, no how.
Look, Corey spread them
because she wanted it.
She wasn't there
to play Mario Bros.
She's only saying it's rape
because she's embarrassed.
The kid acts as if he was making an
audition tape for the NYU Film School.
Maybe the girl was
auditioning for Yale Drama.
She convinced three cops.
The boy's ready to go to
prison to protect a rapist?
According to Corey, Kyle and
Shane are part of a clique at school.
The Mack Rangers.
Must've taken an
oath of stupidity.
Even the mob doesn't command
that kind of loyalty anymore.
They made other
tapes with other girls.
Maybe Corey isn't the only one
who had to be handcuffed to a bed.
We'd all go to Shane's place after school,
watch Beavis and Butthead. Mess around.
I thought making
a tape'd be fun.
You went along with it?
Did they tell you they
planned to sell the tape?
Yeah. I kind of got a little kick
thinking some perv's watching me do it.
But that's not the point anyway.
What was the point?
Well, the guys I did it with, they
needed it for the proof that we did it.
Proof for whom?
The other Mack
Rangers at school.
They keep score.
Like, one girl, one point.
You know, it's dumb, I
guess it's just guy stuff.
And all the girls
went along with this?
The ones I hang with.
I mean, look, the
Rangers are cool.
You do it anyway, you
might as well do it with them.
They're not gonna get all goofy on you,
like they're your boyfriend or anything.
Corey Russell says
that Shane raped her.
Like he'd have to.
Come on, Corey is no virgin.
Anyway, these guys, they're
into scoring, not hurting.
They tell you stuff like,
"Oh, come on, baby. Everybody's
doing it." They act real sweet.
After, they tell all
the other Rangers,
and there you are on the
shelf like some kind of trophy.
If you knew their
reputation, why did you do it?
Same as everybody.
I liked the attention.
See, these are the cool guys in school,
you know. They kind of run the place.
The school knows
this is going on?
What're they gonna do,
hand out chastity belts?
And if you said no?
No problem, as long as you don't mind
being a leper for the rest of the year.
See, this girl, Beth Ritchie,
she didn't want any part of it.
So Shane and all the other guys,
you know, they kind of whirlpooled her.
They got all around her
in the swimming pool.
They touched her everywhere.
They even took her top off.
Did she complain to the school?
They couldn't prove anything.
Next day, the buzz in
class was she had AIDS.
The Rangers started a rumor?
Yeah, they ragged on her so bad.
They even said she did it with
her brother. She had to transfer.
See, I don't have
anywhere to transfer to.
(BELL RINGING)
You paint a picture of orgies
in the hallways, Miss Kincaid.
Points for sex, Mr. Marx?
It's hard enough getting
them to show up for class.
You try stopping
them from having sex.
What about Beth Ritchie?
She didn't want to have
sex. No one helped her.
We investigated her problem
with the boys in the swimming pool.
Yeah, well, her problem
sounds like an assault.
Well, what Beth said happened and what
could be proven are two different things.
You spoke to the
boys? To the witnesses?
I'm a vice-principal, Miss
Kincaid, not a policeman.
We're talking about over-stimulated
teenagers who can't turn on a TV
without getting an insider's
view of Madonna's cleavage.
Now that's tough competition for
lectures on Hannibal's Carthage.
So the school ignores the
problem, hoping it'll go away?
We teach our girls to say no.
Well, what are you
teaching the boys?
Points for what?
It's the Mack Rangers'
idea of an intramural sport.
And they play dirty.
Vicious rumors, assaults.
Well, none of it's
admissible in this case.
They created an atmosphere
of terror in that school.
A few girls were
happy to play along.
For the rest, the peer
pressure was intolerable.
Peer pressure
isn't against the law.
Rape is.
And the defense is gonna say Corey
Russell wanted to be with the in-crowd.
That's when I'll introduce
evidence of peer pressure.
And that will make
the girl look willing.
I'm not talking about
pressure on her.
I mean pressure on Shane.
JACK: He had to score
points to stay in the game.
Points, yeah.
It gave him motive
to commit rape.
And that same pressure got Corey up
into his apartment to give him opportunity.
All right, you got something
legal here and inadmissible.
And you wanna sneak it in
the back door twice. I like it.
BETH: They all came on to me.
Shane, Kyle, Ethan, all of them.
I didn't want to have
anything to do with them.
Then they started bumping me in
the hallway, grabbing my breasts.
By "them," Miss Ritchie, you mean
members of the so-called Mack Rangers?
I renew my objection.
The defendant's association with
this club is prejudicial and irrelevant.
It goes to the heart of the crime,
Your Honor. Motive and opportunity.
I'll let it in. You're overruled,
Mr. Greer. Exception.
Noted. You may answer
the question, Miss Ritchie.
Yes. They were the Mack Rangers.
And what, if anything, happened to you in
the school swimming pool last November?
They surrounded
me in the shallow end.
They started pinching me
and touching me all over.
I tried to get out, they
held my head under water.
I thought I was going to drown.
They pulled the top of my bathing
suit down while I was trying to breathe.
JACK: And did they
say anything to you?
Objection, Your Honor. Hearsay.
Statement against interest.
Overruled.
They called me
names. "Bitch." "Dyke."
Shane said the Mack Rangers
don't take no for an answer.
JACK: Thank you.
How long did you go to
school with the defendants?
Year and a half.
Did either of them
ever rape you?
No.
I guess they did
take no for an answer.
I didn't really want to
go to Shane's place.
But I felt I kind of had to.
Can you explain that?
I knew what happened to Beth,
and I thought if I just did it with him,
I wouldn't have to
worry about it anymore.
JACK: What happened
at Shane's apartment?
Shane, Kyle and
I, we had a beer.
And then Shane and I went into his
room, and we started fooling around.
And he put these
handcuffs on me.
It was getting really weird.
And then Kyle came in with the
camera, and that's when I said no way.
And I told him to stop.
And what did Shane do?
He kept going.
He took my panties off, and Kyle
was moving around with the camera,
and that's when Shane did it.
What did he do, Miss Russell?
He got inside me.
And then he pulled out this gun.
He covered my face with a pillow,
and I heard this loud bang right in my ear.
JACK: And then?
I was crying.
Shane took off the handcuffs.
They were laughing.
I got dressed and I left.
They were still laughing.
At this time, I'd like to play
People's One, Your Honor.
Proceed.
COREY ON TAPE: Stop it!
JACK: Can you identify the
people on the tape, Corey?
COREY ON TAPE: Stop!
That's me. And that's Shane.
Get off me! Get off! Stop!
(COREY SCREAMING ON TAPE)
This really hurts.
Stop it! Stop it! Stop!
Get off me!
No!
(COREY CRYING ON TAPE)
Please.
Stop!
(GUN FIRING ON TAPE)
Thank you.
Ms. Russell, after you
left Shane's apartment,
did you report this
alleged rape to the police?
No.
GREER: Did you see a doctor?
No.
Did you tell your mother?
I couldn't tell her that.
In other words,
it wasn't until after the police showed
up at your front door with this tape
that you cried rape.
I was raped.
Certainly convenient to say so
after that tape came to light, wasn't it?
JACK: Objection.
Withdrawn. No more questions.
Actually, the whole thing
was sort of Corey's idea.
She wanted to do something
different than the other girls.
She was, like, showing off.
So she went up to your
apartment of her own free will?
She kept asking
when she could come.
And in everything that we saw on that tape,
Miss Russell was a willing participant?
She told Kyle where to stand. She
wanted him to get the best angle.
GREER: No more questions.
So what we've seen is just
your way of doing Corey a favor?
I wouldn't say
favor. It was mutual.
She wanted to be raped,
and you obliged her?
It wasn't rape.
You said that Corey wanted to do
something different than the other girls.
By the other girls, you mean the other
girls that you and the other Mack Rangers
had sex with?
Yeah.
SHANE: The
other girls at school.
And you got one point
for each girl, is that right?
Your Honor.
Sit down, Mr. Greer.
We've heard about this
competition before, Mr. Sutter.
One girl, one point, right?
Right.
At the time that you made
the tape, how were you doing?
Fine.
JACK: How many
points did you have?
Your Honor?
Answer the question, Mr. Sutter.
Seventeen.
JACK: So were
you in first place?
SHANE: No.
Were you in second place?
No.
You weren't doing
too well, were you?
I was third and moving up.
DOREMUS: Has the
jury reached a verdict?
FOREMAN: Yes, Your Honor.
Against the defendant, Kyle Winters,
on the sole count of the indictment,
rape in the first degree,
how do you find?
We find the defendant guilty.
Against the defendant,
Shane Sutter,
on the sole count of the indictment,
rape in the first degree, how do you find?
We find the defendant guilty.
Thank you, sir. Jury is excused.
Bail continued pending sentencing.
(GAVEL BANGS)
The pre-sentence report
recommended the minimum.
Two years. Wonderful.
Be out in time for graduation.
Greer filed his
notice of appeal.
All evidence relating to the Mack
Rangers should have been excluded.
Why? Because without
it, Greer might have won?
First Amendment.
The Constitution?
Yeah, that pesky thing.
MCNAMARA: Are you sure you're not elevating
this matter excessively, Counselor?
The right of free association, Your Honors,
is as fundamental to American liberties
as freedom of speech.
Even if the association in question
is engaged in criminal behavior?
No such evidence
was presented at trial.
The People dwelt at length
on my client's association with
non-criminal activities
of the Mack Rangers.
That would be the
points-for-sex competition?
Which may be
abhorrent but is not illegal.
The People claimed
it went to motive.
That was the claim.
I submit they in fact
accomplished their real goal,
which was to inflame
the passion of the jury
by appealing to its members'
sense of moral outrage.
Thank you, Your Honors.
This court has consistently held that
evidence of motive may be introduced
to weaken the presumption of
innocence and to establish guilt.
Can the State accomplish that
at the expense of
constitutional rights, Mr. McCoy?
In Dawson, the Supreme Court rejected
the evidence of a defendant's membership
in a racist gang.
In Dawson, the crime charged
wasn't motivated by racism.
In this case, the crime is
rape. The only issue is consent.
Rape typically is both
the means and the end.
In this case, it was the
means to an end, points.
SANDERSON: Do the People concede
the defendants didn't rape any
of the other girls to obtain points?
Yes, Your Honor,
but... If the competition
had led to other rapes, you could
have established a pattern of conduct
under Molineux.
But that didn't apply, so you dressed
the same evidence up as motive.
(PEOPLE CHATTERING)
Rule number one,
never drink at work.
Rule number two, never
discuss work while drinking.
They've overturned the verdicts
and remanded for a new trial.
Evidence of the Mack
Rangers is excluded.
Rule number three, if
rule number two is broken,
never drink alone.
I just want you to understand a
jury may not believe Corey's story
without understanding
why Shane did it.
And that evidence is now gone.
We can't go through
this again anyway.
CLAIRE: We? What
about you, Corey?
I don't care.
If they're not convicted, Corey,
you're going to have to
see these boys every day.
She's going to live with her
father in Michigan. New school.
Yeah, I wonder how long
before they hear about it there.
Would you rather they hear
you're a victim who got justice?
Or that you're
a slut and a liar?
What difference does it make?
What that girl needs is counseling.
Not another trial you can't win.
I think I can convince her to
testify. And I think I can win.
Well, that's great. All right,
you get an A for self-esteem.
But without the Mack
Rangers evidence,
your case makes exciting
bedtime reading, and that's it.
Great. So the boys go back to school
bragging about how they beat the law.
And the girls start lining
up again to be humiliated.
You want to save
them? Tell me how.
JACK: What if we
aimed wrong before?
The Mack Rangers
aren't evidence of a crime.
They are the crime.
Mack Rangers as a
criminal conspiracy.
To commit rape.
Under the conspiracy law, we don't
even have to prove they committed one.
You have to prove
that they agreed to.
The only reason
they exist is for sex.
And when they whirlpooled that girl, they
said, "We don't take no for an answer."
Then you also have to prove that at
least one of them committed an overt act
implementing the agreement.
Every threat, every act of
intimidation. That's very cute.
But the appeals court just shot you
down when you had a good argument.
You think you can win this one?
I don't think we'll have to.
I left my aerobics shoes
at the Vertical Club.
So you exercise there. But you just
don't like to exercise here? Is that it?
Well, they don't
make you wear...
Excuse me. Can I help you?
Here's our hall pass.
All right, listen up,
folks. Hold the action.
We're from the New York
City Police Department.
We're gonna call out some names.
If you hear your name, I want
you to step up to the foul line.
Mayfield, Winters,
Henderson, Quinn, Kort
and the sentimental
favorite, Shane Sutter.
You are all under arrest for
conspiracy to commit rape.
You have the right
to remain silent.
Anything you do say can and will
be used against you in a court of law.
(KNOCKING ON DOOR)
Yeah.
You're going to wait? It's
only the first night, Jack.
I'll stay till the
dinner table's cleared.
That's when it hit
the fan in my house.
We know they're loyal.
Kyle already risked a rape
conviction to protect Shane.
That leaves four.
Don't you think there's
one boy in the group
who'd rather go to
college than prison?
Or one parent who's making a
stronger appeal than you or I could?
You won't take it personally if I
don't man the lighthouse with you?
Nah.
(PHONE RINGING)
You understand, Mr. McCoy,
we're only interested in full immunity.
No jail, no probation,
no charges.
Preferably, the
arrest is expunged.
And what do we get from Mr. Quinn
in exchange for our largesse?
Anything you want to know
about the Mack Rangers.
Whatever you need
to make your case.
This is wrong. I
don't want... Shut up.
No, thanks. I can make the
conspiracy case without him.
Then why are you doing this?
I want Shane Sutter for rape.
I told you there was no...
If I have to tell you
to shut up again,
you're going to remember it.
Mr. Quinn, did Shane ever tell
you what he did to Corey Russell?
Ethan, talk.
How many points do you think
you'll be worth in prison, son?
Shane bragged about it.
He said Corey put
up a hell of a fight.
He said he ought
to get double points.
I've never heard of this other
boy before. I think he's lying.
You can tell yourself
whatever you want, Mr. Sutter.
I have what I
need to go to a jury.
What are you offering, Jack?
Who cares? My son didn't rape
anybody. These girls give it away.
Stop saying that. You act like
he didn't do anything wrong.
Monica. Not here!
The sentencing
recommendation was two years.
Fine. And he
allocutes. Starting now.
Tell your father what
you did to Corey Russell.
I told you. She wanted
to be there. They all did.
It was no big deal. She
got cold feet, that's all.
So she wasn't acting?
No. She was mad. Even after.
I didn't think she would be.
JACK: After what?
After you helped her
get over her cold feet?
Yeah. Against her will?
You have to say it, Shane.
Yes. She was really fighting.
So you raped her?
Yeah, fine. I raped her.
We dealt Kyle Winters,
too. Eighteen months.
Drop the conspiracy case.
You've got what you wanted.
I think they should
all be going to jail.
They still don't think
they did anything wrong.
Maybe seeing their friends
in Attica will convince them.
Teenage boys? Good luck.