Law & Order (1990–2010): Season 8, Episode 22 - Damaged - full transcript

Detectives Briscoe and Curtis investigate a schoolyard shooting where a popular teacher, Amanda Kovac, was shot. She had recently been pivotal in getting three boys suspended for having sex in the school. One of the boys, Randy, says someone shot at them and they returned fire. They trace the shooter to another student, Sally Maxwell, but the boys say they have no idea who Sally is or why she would shoot at them. Sally claims the boys raped her older sister Valerie, who is mentally disabled with an IQ of 65, and decided to take matters into her own hands after school officials did nothing about it. The challenge for the prosecutors is to demonstrate that the boys knew of Valerie's disability before they had sex with her. Meanwhile, Ray Curtis has asked Lt. Van Buren for a transfer and Briscoe is still having deal with his own daughter Cathy's arrest.

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.

Hey, Emily.

You never heard
of social promotion?

This kid has no business
being moved up a grade.

He can barely read!

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

(sun FIRING)


GIRL 1: Where is it?
GIRL 2: Get down!





All I know is we were leaving

and somebody
started shooting at us.

Can you find out how Amanda is?

She's still in surgery.

Did you see anybody hanging around
before the shooting started?

We saw a couple of
kids on the way out.

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

I can't believe this.

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

Two kids admit
being in the vicinity.

There's a uniform
inside babysitting them.

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

We recovered two slugs
from the victim's car,

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

Lousy shooting.

Good enough.


Me and Emily ran back inside
when the shooting started.

Where were you?

Uh, right there.

Well, what did you see
before the shooting started?

Nothing much.

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

Is she gonna be okay?

You like her?


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

How so?

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

I mean, we can't
walk down the halls

without having boys
sticking their hands

down our bras
and grabbing at us.

Not all the guys.

How does she stand up for you?

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

Why's that?

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

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

Do you know of any bad blood

between these two teachers
and anybody here?

The usual, nothing that
would account for this.

What's the usual?

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

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

This doesn't make any sense.

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

and you suspended them?

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

How'd she find out about it?

A student told her.

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

How'd you pin it down?

They were using
the old music room.

It's off-limits
because of asbestos.

We found used condoms in there.

So how many kids
did you suspend?

Three boys.

How about the girls?

It was clear the boys
were the instigators.

Kids shoot teachers over
a suspension?

One of our witnesses said
the boys who got suspended

were in the parking lot right
before the shooting started.

They were gone
when we got there.

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

The principal's
rounding 'em up for us.

Hey, Rey.
Give me a minute.

Listen, about that
request for a transfer,

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

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

No, I know you are,
and I can appreciate

Deborah wanting
you on a desk job

but if I lose
a detective right now,

they won't give
me a replacement.

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

So you just left
your car sitting there?

Sure I did.
Bullets flying, you just run.

And what did you
see before you ran?

A guy and a girl
by the entrance.

Then Mrs. Novak and some
other teacher came out

and then, bam, bam, bam.

CURTIS: You didn't see
the shooter?

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

BRISCOE: You own a gun?
Any of you?

No. We didn't do it.

So what were you doing
in the parking lot?

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

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

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

thanks for your cooperation.

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

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

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

You owe anybody money?

LLOYD: Car payments.

Do you have
a life insurance policy

somebody might
want to collect on?

I'm her beneficiary.

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

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

You and your husband
get along all right?

Lloyd didn't shoot me.

BRISCOE: Who knew
what time you were leaving?


I'm usually there till
about 7:00,

but yesterday
I decided to go home early.

You tell anybody?

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

I'd just had enough
for one day.

Okay, your shooter's
hiding here.

The CSU unit found
three fresh gum wrappers.

So the shooter
waited long enough

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

You got one
bullet in the victim,

two in this car
and four more over here.

Which means the shooter started
firing from this corner,

ran this way
and kept on shooting.

Seven 9mm shots in all.

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

Well, if Amanda Novak
was the intended target,

why'd he keep on firing?

So I had a team
check across the street.


They found three
.38 slugs over there.

Another shooter.

With better aim.
One of 'em hit.

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

Do you have the trajectory
for the .38?


The shot came from
this car right here.

A Camaro.

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

The lab's running
tests on it right now.

Somebody must have put it
in my car.

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

which would be you.

We know you got
off three rounds.

So who were you shooting at?

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

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

It wasn't me that hit her.

Who were you shooting at?

Somebody started shooting
at us.

I grabbed the gun from the car

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

It was broad daylight, Randy.

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

I didn't see their face.

That's right.
Keep on lying,

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

I'm telling you.

I don't know who it was.

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

Well, go at it
from the other end.

Have you checked
the hospital reports

for our missing gunshot victim?

Yeah, nothing promising so far.

Well, if I was gunning
for someone and missed,

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

We checked. There were
46 kids absent today.

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

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

And book Randy for possessing and
discharging an illegal weapon.

Raymond Maxwell?

That's me.

Your daughter Sally
missed school today?

She sick?

Why are you asking?

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

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

That Sally?

That's her big sister, Valerie.

What do you want with Sally?

You own a 9mm handgun?

And a permit.

Look, I know about
the shooting at school.

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

Is your gun here now?

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

you don't get to say no.


Seven-shot clip. Empty.

Emptied the
old-fashioned way.

You been to the
firing range lately?

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

What's under that
bandage, Sally?

She cut herself.
Climbing over a fence.

She told you that?

Look, we found blood where
the shooter was standing.

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

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

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

You don't play
it straight with us,

it's gonna go real bad for you.

So why'd you
shoot at those boys?

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

Sally, that's enough.

What was the beef between
you and those boys?

Stop it.
No more questions.

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

Don't you want us to hear hers?

Not until I get her a lawyer.

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

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

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

Well, maybe one
of your buddies does.

I don't know.

Look, don't play me, Roscoe.

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

the rest of you know about it.

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

You're starting to
piss me off, Roscoe.

I told you what I know.

I want to talk to my parents.

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

(SIGHING) Yeah. I got
that all cleared up.

Oh, yeah?

What, you stopped dealing
ecstasy to the freshmen?

Look, I wasn't dealing,
all right?

I was just middling
some stuff as a favor.

Is that how you met Sally?

You did her a favor?
Maybe ripped her off?

No. I never met her.

What? She was just using
you for target practice?

(SCOFFS) Hell if I know. Maybe
she was on the rag or something.


You make me puke, kid.

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

Maybe they talk a good game.

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

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

Maybe one of them
can tell you about Sally.

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

He's right over there.

How'd it go?
Smooth as silk.

We busted the
guy with the goods.

(SIGHING) Is Cathy okay?

Cathy was a real pro.

Chip off the old block.

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

Your daughter has one
more piece of business.

Then she's home free.


Thanks for keeping me
in the loop.

Sure thing.


It started with one girl
who came to Amanda Novak.

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

How many girls?

Five or six.

Sally Maxwell?

No. But we probably
didn't get everybody.

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

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

Look, I have three daughters.

I'm sure if this
happened to them,

they'd want to
talk to somebody.

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

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

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

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

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

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

Is that what happened to you?

You wanted to go with them?

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

Why can't my dad be with me?

VAN BUREN: It's better
if he waits outside.

Your lawyer will make sure
I respect your rights.

Let's talk about the
music room.

Did you have sex with
Hayden, Randy and Roscoe?

And then they
called you a slut,

made fun of you
to other people?

And you got mad,

because you thought
having sex with them

would make you
as cool as they are.


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

so you decided to get even.


I didn't have sex with them.

They raped my sister.

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

Why grab a gun
to settle the score?

I told Mrs. Davenport.

She didn't do anything.

Lady, covering up
a felony is a felony.

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

And you didn't think
rape was worth mentioning?

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

We investigate
what's been reported.

I spoke with the boys,
I spoke with Valerie.

They said she consented,
she said she consented.

She told her sister
something different.

Well, maybe Sally heard
what she wanted to hear.

She's very protective
of Valerie.

Isn't Valerie the older sister?

Valerie's developmentally

Challenged how?

She's retarded.

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

What, are you
afraid of a lawsuit?

I'm a guidance counselor.
Not a cop.

So call a cop
when you need one!

When I need one, I will.

There was no rape.

Talk to Valerie yourselves.

Count on it.

Sally said never tell anyone.

Why do you think
she told you that?

Sally said what I did was bad.

CURTIS: Do you think
it was bad?

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

Did the boys tell
you it was a game?

What game did they say it was?


And you told them it was okay?

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

And what happened
when you told them that?

They laughed a lot.
They said they loved me.

that made it okay?


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

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

Depends how retarded
this girl is.

Enough to believe
these punks loved her.

That's a little inexact
to take to court.

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

Her school records
put her IQ at around 65.

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

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

No. Pick 'em up.



So, Randy, Daddy
sprung for bail, huh?

Stand up.

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

You're gonna have
to make bail again.

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

You're kidding. No way.

Way, Randy.

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

A rape charge requires
a victim, Mr. McCoy.

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

and you don't see a victim?

You have proof
the girl's incompetent?

Are you kidding?

An IQ of 65?

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

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

Otherwise, there's no crime.

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

That the boys didn't
know she was retarded?

They're in the same school.

4,000 students, Ms. Ross.

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

Lack of knowledge is
an affirmative defense.

I don't have to
prove they knew.

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

I see we have nothing
to talk about.

If Skoda thinks
she's able to give consent,

we could find ourselves defending
three false-arrest lawsuits.

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

Why did the cops jump the
gun arresting the boys?

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

VALERIE: My mom's dead.

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

That's what Sally told me.

What else has she told you?

She told me that

it's very important
to know the names

of people when you're
talking to them,

Dr. Skoda.

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

and say "Thank you"
and "Please."

Sally takes good care of you.

I'm the oldest,

I should be the one
watching after Sally.

Does that bother you?

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

Do the other kids
treat you special?

Nicole... (GRUNTS)

She spilled ice cream
on my new dress.

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

She just called me a dummy.

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

They're my friends.

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

Who's Gina?

She's in 12th grade.

Gina Bowman.
She's my friend, too.

She told me
Hayden wanted to play.

Valerie, can you tell me
some reasons

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

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

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

And the school thinks exposing
her to ridicule from normal kids

somehow does her good.

She understand what she did?

Not in any meaningful way.

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

Would that be obvious
to another teenager?

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

Those boys are gonna
claim the last thing

they did in that
music room was talk.

Have you spoken to Gina Bowman?


Another student.

Valerie said she played
matchmaker for your defendants.

You knew what
those boys wanted.

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

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


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

Thanks. Excuse me.

So how'd you set it up?

You want to get arrested, too?

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

So now you're a pimp?

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

You just wanted everybody
to think you were cool.

Did you tell those boys
she was mentally disabled?

I thought it would turn them off.
But Roscoe said he knew her.

He told the others.

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

Danny gave me
$500 for 1,000 units.

Same deal we did
every couple of weeks.

What did you tell
him about the drugs?

I told him I stole
them from the hospital.

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

and the detectives
went up to arrest Danny.

Thank you.

Did you wear a recording device

when you went to
Mr. Jones' apartment?

As far as you know,

are there any videotapes
or photographs

of you exchanging drugs
for money with my client?


(SCOFFS) So we only
have your word.

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


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

attending to
critically ill people,

you were addicted
to meth-amphetamines?

And isn't it true

that you are here testifying

under a plea arrangement
with the District Attorney?


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

for stealing thousands of
pills from your hospital?

That's a very sweet deal.

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


Detective Lennie Briscoe.

Is that the same Lennie Briscoe

who was investigated by
the Hellman Commission on...


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

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

...that you were
part of a scheme

by a corrupt narcotics squad who is trying...

LANGLOIS: Ms. Lapinsky! frame my client,

because he refused to pay
them protection money?

Objection, Your Honor!

No, I wouldn't do that.

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


Ms. Lapinsky, the objection
is again sustained.

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

No more questions.

Hey, you did all right in
there, sweetheart.

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

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

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

who stole drugs for
her dope-dealer boyfriend.

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

till you get back
on your feet, huh?

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

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

Thanks. But right now

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


Watch her back, will you?

Three boys who took cruel
advantage of a retarded girl.

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

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

And an innocent bystander
in the hospital. Yes.

Good gracious.

Any adults at that school?

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

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

And where are the parents?

Sounds like a good
campaign issue, Adam.

Sounds like a snake pit to me.
What are you planning to do?

Charge the boys with rape.

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

What about the
little girl with the gun?

ROSS: The wounded teacher's
been very understanding.

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

She sprayed a schoolyard
with gunfire.

Want me to cut
the Gordian Knot?

We were thinking more along
the lines of a tiebreaker.

She seems unlikely to repeat her actions.

ADAM: I'm not averse
to a minimal sentence.

But she can't shoot
people without penalty.

Offer her a year
in juvenile detention.

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

It's hearsay.

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

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

Gina Bowman would have been
charged as an accomplice,

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

Accomplice testimony is
insufficient without corroboration.

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

it repudiates their
affirmative defense.

Hold on. Hold on, everybody.

Gina Bowman says the boys
called the girl a retard.

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

Well, during the People's
psychiatric examination,

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

She said, "No."

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

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

We don't need it!

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

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

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

Counselor, watch yourself.

She has a birth defect that retards
natural intellectual development.

Valerie Maxwell
is 18 years old.

What would you say is
her intellectual age?

Equivalent to a child of 12.

According to the
adaptive behavior scale,

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

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

She showed no ability

to balance pros and cons
and apply her own values.

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

to engage in sexual activity.

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

Yes. In Valerie's case,

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

into what we would
consider normal life

by having her
attend a regular school.

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

No, I don't believe she did.


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

did they?

So I assume
the school made her wear

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

No. Of course not.

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

eating the same lunches,

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

isn't that right, Doctor?

They might, until they
actually talked to her.

I don't think
Valerie and these boys

were in the music room
for conversation.

No more questions.

Hayden told me to
take off my clothes.

JACK: And what did you do?

I laughed.

Why did you laugh, Valerie?

Because Randy and
Roscoe were laughing.

Someone must have told a joke.

Did you take your clothes off?


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

What was he doing?


He went inside me with
his penis,

and then Hayden and
Roscoe, they did it too.

Did they do anything else?

They gave me
a bottle of cream soda.

Did you drink it?


(SIGHING) Did they do
anything else?

They put it inside me, too.

Did they laugh about that, too?


Before they left,
did they say anything to you?

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


PAINTER: Did you
enjoy it, Valerie?

Your Honor...

Sit down, Mr. McCoy.

Answer the question,
young lady.

It made me feel pretty.

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

Approach, Your Honor?

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

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

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

I'm giving notice
of intent to appeal.

Appeal all you want.
Step back.

What were you wearing, Valerie?

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

you know,
it showed off my tummy.

I have a flat tummy.

And a black mini-skirt.

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

No. I got changed
in the girls' room.

My dad makes me wear
boring clothes to school.

But that's not what boys like.

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

I think about it all the time.

What do you do
when you think about it?

I get excited. A lot.

HAYDEN: I know it was
wrong what we did,

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

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

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

you know, Valerie
wanted to have sex.

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

(SCOFFS) No, sir. Like
I said, she asked us for it.


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

A little bit.

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

Yeah. Sure.
But, I mean,

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

They all sound kind of goofy.

If she was just another girl,

why did you instruct her
not to tell anybody?

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

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


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


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

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

between stud and rapist?


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

Were you suddenly sorry

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


Nothing further.

Have you reached a verdict?

We have, Your Honor.

The defendants
will please stand.

In the matter of The People v.
Hayden McLaughlin,

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

FOREMAN: We find
the defendant guilty.

In the matter of The People v.
Randall Baxter,

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

We find the defendant guilty.

And in the matter of The People v.
Roscoe Johnson

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

We find the defendant guilty.

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

Any motions, Mr. Painter?

Excuse me, Your Honor?

Does the Defense
wish to make a motion?

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

Objection. The prosecution
proved its case!

What case, Mr. McCoy?

Have we gone so far down the
road of political correctness

that sex between willing
partners is now called rape?

The girl said yes.

She has the mind of a child!

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

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

Case dismissed.

Your Honor, we've had 16 votes.

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

LANGLOIS: Very well.
Now you can sit down.

I have no choice here
but to declare a mistrial.

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

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


Nice going, Counselor.

Are you appealing the ruling?

What the hell was
Judge Wright thinking?

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

Doesn't have to.

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

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

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

those boys will be
in graduate school.

Judge Wright might've
committed reversible error.

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

and this moron is still
sitting on the bench.

Stop ranting

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

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

Bow tie straight?

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

Thank you.


David proposed last night.

Set a date?

Not yet.

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

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

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

It is the truth.

All I know is
Roscoe said he knew her.

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

I just wanted them to like me.

I wish Sally'd shot them all.

Did you know Sally had a gun?


When did you find out?

The day before
she shot at them.

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

Did you tell the boys?


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

What did they say?

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

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

Caught in crossfire
People v. Russell.

The Russell court
ruled that anybody

who recklessly creates
a zone of danger

is responsible for the results.

harming innocent bystanders.

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

which is what Randy
Baxter was doing.

Randy told Gina
he wouldn't back down.

He helped create
the zone of danger.

We can charge all three of
them with attempted murder.

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

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

We could use it as a club.
All right.

Charge them all. And
lean on the weak link.

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

I'm going ahead
with this, Counselor.

Minimum mercy.
Maximum sentence.

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

Shut up.

Sally Maxwell
created the zone of danger.

Randy Baxter
responded to an ambush.

Why the hell are you charging
my client with anything?

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

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


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

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

You can't push Russell this far.
No court will buy it.

Do you want to take
that chance, Roscoe?

One year now guaranteed for
possibly the rest of your life?

The only ones who could say
what the truth was,

were the 12 citizens impaneled
to hear the evidence.

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

Even accepting that,

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

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

Another accessory.

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

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

Your Honor...

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

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

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

Fair enough.

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

JACK: Did the conversation ever
extend to more than your order?

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

How so?

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

acting like she's
some kinda little girl.

Then you realize
she's being serious.

So you knew
she was mentally disabled?


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

It was pretty obvious anyway.

What happened when you
met her again in school?

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

She didn't recognize me.

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

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

How did they respond?

They laughed.

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

PAINTER: Did any of the
boys ever make fun of you?

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

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

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


Did they call you a retard?


Thank you, Valerie.

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

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

Roscoe said that?

Was he lying?


What did he call you?

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

Hayden called me a retard!

Thank you.

But I told them that I'm not.

I'm just like everybody else.

But Hayden said you were.

He called you that name.

And that's what matters here.

Thank you, Valerie.

But he didn't mean it.

He likes me.

I'm finished with the witness.

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

Now, Valerie, Hayden
called you a retard

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

VALERIE: Yes, sir.

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


Did you like what
the boys did to you?

I did what I wanted.

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

to reverse your prior ruling.


You set aside
the jury's verdict

because you unfairly
held the State responsible

for proving the
boys prior knowledge.

The State has now done
so and you still refuse?

Mr. McCoy, it's over.

There is no case here.
There never was.

How would you know?

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

You're on thin ice, Counselor!

The Defense request is granted.

The State's motion is denied!

You want to appeal?
Be my guest!


I walk in the hallways
at school.

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

They think I'm different.

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

See, sometimes I see a boy

and I want to talk to him.

But I get nervous

'cause maybe he won't like me.

Or maybe he'll make fun of me.

But Hayden and Randy
and Roscoe, they liked me.

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

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

The retard who got raped.

I had sex because I wanted to.

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


We still have a viable appeal,
Mr. Maxwell.

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

I want her to keep her dignity.


She lied.

What about the attempted murder
charges against Hayden and Randy?

We'll never make
them stick in court.

Let the indictment
stand anyway. Let 'em sweat.


Looks like
it happened last night.

We got a tip about an hour ago.

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


MALLORY: She went quick.

Two taps, back of the head.

You did this!
You son of a bitch!

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


She was my baby, Rey.

What am I gonna do?

You're gonna come
home with me, partner.