Law & Order: Special Victims Unit (1999–…): Season 13, Episode 17 - Justice Denied - full transcript

Benson's relationship with ADA Hayden threatens to be exposed after she discovers that she helped put the wrong man in prison eight years earlier for rape.

In the criminal justice system,

sexually based offenses are
considered especially heinous.

In New York City,
the dedicated detectives

who investigate
these vicious felonies

are members of
an elite squad

known as
the Special Victims Unit.

These are their stories.

You get your confession?

Nine hours.
Guy held out for nine hours.

Well, the desk sergeant
asked me to bring this up.

You want a cup of coffee?

Yeah, and two eggs
over easy,

some hashbrowns,
and toast.

Coffee's fine.

judgment day.

Don't get your hopes up,

Welcome back, Mr. Pena.

I understand you're
representing yourself.

Yes, your honor.

Motion to vacate conviction

based on new evidence.

What new evidence?

The evidence
would be pending a retesting

of the DNA
at the crime scene.

There was no DNA
found at the scene.

None found
based on the technology

at the time,
but with new techniques,

DNA can be recovered
from much smaller amounts

of trace evidence.

You're asking the court
to overturn your conviction

based on evidence
you don't have.

The state has the means
at their disposal

to prove that
I'm not the man

who committed
this horrible crime.

By that you mean the crime
you confessed to?

The rape and torture
of Ariel Baskins.

You tied her up,
stabbed her,

and tried to blind her
with ammonia.

As I have maintained
for eight years,

that confession was elicited
under extreme duress.

Your honor, I recanted it
as soon as--

After pleading guilty.

After the victim
ID'd you.

You have failed to meet
the standard

to overturn your conviction.

The motion is denied.

I'm sorry.


Oh, we're going dancing.
You want to come?

I think I'll pass.

Oh, come on.
You'll meet someone there.

- No, I'm fine.
- Fine.

Call me tomorrow.
Not too early!


Uh, sorry to sneak out
on you like that.

I-I would've woken you,

but then I probably never
would have left.

The victim
is Gina Logan, 23.

Unis responded
to her 911 call,

found her tied to the bed.

Now she told them the attacker
forced her inside

and wore a sailor's uniform.

Right, it's Pan American
Fleet Week.

All those Navy boys in town.

EMS took her over to Mercy.

She's out of ICU but still
in serious condition.

They said
he poured ammonia

in her eyes,
trying to blind her.

Neighbors didn't hear

- Was she gagged?
- Yeah.

Hold on.

Did he cut her
below the chest?

Yeah, three slashes.

Son of a bitch.

What, you know this guy?


We put him away for life
eight years ago.

But this is him.

Sync by Alex1969

Are you sure?
Omar Pena?

I spoke to the warden myself.

Pena was in his cell
at Green Haven

as of ten minutes ago.

This is his exact M.O.

The Navy uniform,
Fleet Week,

the torture,
the ammonia.

If you told me that somebody
took his place in prison,

I would believe it.

You know what?
It's possible.

I mean, Pena had a hearing
in the city a week ago

to get his conviction

He lost, but maybe
he staged a flip.

Okay, let's just back up.

Are we talking about
last night's attack?

- Yeah.
- How's the victim?

Gina Logan.

Chemical burns to the eyes
and throat, slash wounds.

He did a number on her.

- Any leads?
- No, not yet.

No witnesses. CSU is still
checking for prints,

running the rape kit.

But you think
you know this guy?

We put Omar Pena away
in 2004.

He confessed.

The victim, Ariel Baskins,
ID'd him.

He spent the last eight years

Did he have an accomplice?

No, I remember this one.

The victim was alone with him
for ten hours in hell,

gagged with her own scarf,

bound in rope.

The guy never said a word.

There was no partner.

so what did Pena do?

Switch places
with a doppelganger

while he was being transferred
after the hearing?

Maybe he got somebody
on the outside to mimic his M.O.

A copycat. Throw suspicion
on his conviction.

Either way, you two
head up to Green Haven,

talk to whoever's
in Pena's cell.

Fin, Rollins,
go to the hospital.

See if the doctors
will let you interview Gina.

I'm detective Rollins.

Can you talk, honey?

A little.


Just a few questions.

That man that attacked you--
had you seen him before?


Was he white?


In a white Navy uniform.

Did he have an accent?

He never spoke.

Detective, the doctor told you
to come back tomorrow.

Courtney, where was this bar
you two were hanging out in?

A Dive. I always go there
when the ships are in.

Talked Gina
into coming with me.

Hey, did any hispanic sailors
talk to the two of you?

It's Pan Am Fleet Week.
It was like the UN in there.

When's the last time
that you saw Gina?

Outside the bar
around midnight.

I'd hooked up
with this officer.

We were headed to a club.

Gina felt like the third wheel,
so she walked home.


She was drunk.

Never should've
left her alone.

My rope guy from CSU
has got something.

- You got a rope guy?
- Yeah.

Guess I've been on this job
too long.

The rope
your rapist used

is a triple-braided
nylon polyester.

Sorry, but that doesn't
narrow it down much.

I'm more interested
in the knot.

Now for a binding victim,

we usually find
a simple overhand knot.

This guy used a clove hitch
on the wrist

and bowline to tie
to the bed.

Okay, well,
he wore a Navy uniform.

These are sailor's knots,

Well, it's definitely
something they teach

in Navy training.

There's one more thing.

You see how I wrap
the working end around

and finish on the inside?

Now whoever tied these
finished on the outside.

It means he's left-handed.

I'm in prison
two hours away,

and you think I somehow
raped someone again?

You her new partner?

She's had a hard-on for me
for eight years.

- Watch it, Omar.
- What, me?

She put me away for a crime
that I didn't commit.

A crime
that you confessed to.

I was in there all night,

No food, no water.

I wanted to get outght,
of there.

The victim ID'd you.

You had her credit cards
when we arrested you.

I told you that I found them
in a dumpster.

Well, you didn't have
an alibi, did you?

I partied all night.
I smoked a couple of joints.

I already had two priors.

- I couldn't tell you that.
- That makes sense.

You're sorry you confessed.

So what'd you do?

Get one of your boys
on the outside

to copycat your crime,
prove it wasn't you?

No, man.

Who was it, Omar?

One of your prison cellmates?

Just give us his name.
We won't even charge you.

Charge me?

I'm in jail for 300 years.

And you earned
every single one of them.

Now you put
another woman

through this horror
to maintain your lies?

I don't know
anything about it.

No? A week after your final
hearing was denied,

the exact same details?

Yeah, and what does that
tell you, huh?

It isn't me this time.

It wasn't me then.

You got some sick prick
still out there,

and instead of
looking for him,

you're wasting
your time on me.

You're not
a waste of time.

You're a waste
of a life.

You confessed because you knew
what you had done.

All right, Liv,
we're done here.

Come on.

Detective Amaro.

About that confession,

I took it back
the first chance I got.

She tell you that?

Yeah? When was that?

Before or after
you got sentenced?

Happens all the time, Omar.

Yeah, she didn't care.

Nobody did!

Once you confess,
everybody stops listening!

Pena's been buried in law
books ever since he got here.

Sending letters.

Guys in his cell block
call him Matlock.

We'll need a list
of everyone

he was in contact with
on the outside.

Short list.
He doesn't get any visitors.

There's no family?

His mother died a year
after he got sent away.

She's the only one
that came.

That when he started
his letter-writing campaign?

More like
he became obsessed.

20 letters a day,
7 days a week.

Thank you.

All right, look, if Pena
has someone on the outside,

he didn't write to them.

All these letters
are to lawyers, ministers,

journalists, congressmen,
the President.

Okay, did anyone
write him back?

Yeah, your pal Ellis
about a month ago.

Told Pena
he'd look into it.

Look, you should see
Ellis' office.

He gets 100 letters
like this a month.

I'll pass.

Any luck at the bar?

Bras and thongs
on the ceiling,

no security cameras.

Nobody even remembers
seeing Gina.

Yeah, well, Fleet Week
doesn't produce

- the most reliable witnesses.
- Mm.

As of now, all we've got on
the Saturday night attacker

is he was left-handed,

and was wearing a white
sailor's uniform.

- A lefty?
- Yeah, from the knots.

CSU is checking the rope
from eight years ago

to see if there's a match.

I got a list
of inmates released

from Green Haven
since Pena's been there.

Cross-checked with
a Navy database, got one hit.

Mike Martinez.

He's ex-Navy,
dishonorable discharge.

How did he wind up
in Green Haven?

He was charged
with attempted rape,

but he pled down to a five-year
stretch for assault.

He made parole
three months ago.

Get this.
The lawyer that prepped him--

Omar Pena.

Omar Pena
got Martinez out.

- Do you have his parole officer?
- Yeah.

Let's see if Martinez
paid back the favor.

Gladys Martinez.

Open up.
It's the police.

Gladys isn't here.

Uh, we're looking
for her son Mike.

He's not here either.

He's at work.

How old are you, hon?

Martinez, freeze!

I'm not going to chase you.

I will shoot your ass
from right here.

Okay, so Saturday...
you were at work.

Till 5:00,
like I told you.

- Then Saturday night?
- Out with friends.

Who were you with?
No names?

Suit yourself.
What time did you get home?

- No me digas mentiras.
- I was out all night.

Was that when
you hurt your arm?

That happened at work.

Well, your boss
said it didn't,

so why don't we
cut the crap?

Saturday night, midnight,
where were you?

If I tell you
I was getting high...

Ah, Pena even
gave him his alibi.

Then there goes my parole,

Well, you got bigger problems
than that.

You know where
I think you were?

Raping... and torturing

a 23-year-old girl.

No, no!

- I am not a rapist.
- Well, you got convicted once.

No, I did my bid, and I g--
I made parole.

That's right, with the help
of your jailhouse lawyer

Omar Pena.

Matlock, yeah.
He helped me get out.

And then he told you
you owed him.

- No!
- He give you the details?

He tell you how to commit
the crime?


You see, Mike,
we can put you back

in prison right now.

You had coke and weed
in your system.

You had sex with an underage
girl who answered the door.

- I don't want to go back.
- You don't want to go back?

Then why don't we help
each other out?

Did Pena ever talk to you
about the crime

that he committed
eight years ago?

Yeah, he kept saying
he didn't do it.

Wouldn't give it a rest.

And you were in the Navy,

Dishonorably discharged.

- You remember how to tie knots?
- I guess.

- Still have a uniform?
- At my mom's.

here's the thing.

We're looking
for a Latino guy

wearing a Navy uniform

who knows how
to tie a bowline,

who knew the details
of Pena's crime,

who also owed Pena
a favor.

Now you see our problem,

don't you, Mike?
All of those things fit you.

- Yeah, but I-I--
- So you have two choices.

You can be straight with us
about what happened

on Saturday night,
about what Pena told you to do,

and we talk to the DA.

Or, you can sit here,

and you can protect

that doesn't give
a damn about you.

So what's it going to be?

I know why
you think I did this.

And the jury
is gonna think so too.

Do you know how long Pena
was sentenced for?

315 years.

And with your previous rape,

the exact same crime, you're
gonna get the exact time.

Just let me think.

Then we tell the DA
the truth.

That you were scared,
maybe he threatened your family.

Okay, okay, okay.

That's probably
the DA now.

And once they get involved,
it's out of my hands.

You tell him I'm thinking.

You don't have time
to think.

You're at a crossroads
right now.

- You gotta make a decision!
- Okay, okay.

And if you make
the right decision,

I will go to bat
for you.


We're getting somewhere.
Mike is thinking straight.

But before he does, there's
something you should know.

Nick, I will be
right there.

You need to take
a minute.

You think hard.

What are you doing,
pulling me out?

- I had him.
- He didn't do it.

He's good for this.

Liv, DNA results are
back from the rape kit.

The lab found skin cells
under Gina's fingernails

but no hits on CODIS.

Mike's DNA
is in the system.

If it was him,
we'd have a match.

He was about to confess.

Doesn't mean he did it.

Mike Martinez goes back
to Green Haven

for the statutory rape
of his 15-year-old girlfriend,

but he is not good for the rape
of Gina Logan.

But he did tell us
how Pena kept talking

about how
he's being framed.

He must have gotten somebody
up there to do it.

If Gina's rapist
is really in the Navy,

then his DNA would be
on file with them.

So we're back to square one.

- How's the victim doing?
- I spoke to her doctor.

She's stable and lucky.
Her eyesight is coming back.

See if she's up to working
with a sketch artist.

We're dropping Pena
just like that?

he's got to be behind this.

Look at the crime scenes.

I mean, the slashings.

There is one
other possibility.

The two rapes
could be the same perp,

and maybe it's not Pena.

Let's not go down
a rabbit hole here, Nick.

Pena is good
for the 2004 rape.

If he did set this one up,

he's not gonna
walk us through it.

We need to find whoever it was
who did attack her

and walk it back.



Have I come at a bad time?

Omar Pena asked me
to look into his conviction.

He believes the real rapist
was never caught

and just struck again.

He doesn't believe that.

He set up
the second rape,

so someone would fall
for his story.

That still
your working theory?

What's yours?

I've heard about
your old partner.

IAB had a deep file
on him.

He wasn't a stranger
to threats, coercion--

This wasn't
his interrogation.

Munch and Fin took
the first shift,

and I took
the last nine hours.

Nine straight hours?

I gave him breaks.
He knew his rights.

Well, even so,
nine hours takes a toll

on the detective
as well as the defendant.

Pena is playing you.

He's written
10,000 letters.

62,000 actually.

That doesn't mean
he's innocent.

You're aware that Bayard Ellis
is now representing Omar Pena?

So I've heard.

Well, don't let him take
advantage of your relationship.

He has an agenda.

He's challenging
police methods,

claiming confessions
are coerced.

Well, this one wasn't.

- How sure are you about that?
- Very.

Omar Pena was a washout
from the Navy

wearing his old uniform
for Fleet Week.

He knew details of the crime
that were never made public

down to the color of the scarf
that the victim was gagged with.

That's what I needed
to hear.

Now that there's
a copycat rapist,

Ellis wants us to retest
the old evidence

for the new rapist's DNA.

I'll be denying
his request.

So we're good?


Thanks for coming in,

Give my best
to your captain.

Any hits on the sketch?

No, looks like
half the sailors

in town
for Fleet Week.

Yeah, plus most of the
possible witnesses were drunk.

Okay, what about Gina?

She able to give us
any more details?

Not many, but she's sure
it was a Navy uniform.

Just like Pena.

Yeah, but we know
it's not him.

Yeah, I realize that.

He could've slipped that detail
to his copycat.

Nick, if you have something
to say, just say it.


Look, I'm noticing

Your rope guy
said the knots

from '04 were made
by a lefty.

Yeah, and he's positive.

Well, Pena's letters--
from the handwriting,

looks like he's right-handed.

So you're
a handwriting expert?

Liv, that's easy
to confirm.

Look, we should be focusing
on Gina's rapist.

We are dead-ended

on leads
from Gina's attack.

All right, maybe it's time
for us to go back,

see if maybe we missed anything
eight years ago.


Now that case
had witnesses

who put Pena in the bar
with the victim?

Yes, half a dozen
of them.

Okay, well, the ships
are back in town.

Maybe some of the witnesses
are too.

See if you can shake
the old ID.

You two, go back, reinterview
the victim, Ariel Baskins,

and show her
this new sketch.

She picked Pena.

Show her
this new sketch.

There's a possibility that
we're looking at one perp here,

not a copycat.

I've gone over the case.

I get why you're sure
Pena's guilty.

- Don't work me, Nick.
- That confession--

is there any chance
he caved under pressure

and just wanted it
to stop?

Look, we had our guy,
so yes, I pushed hard.

Oh, like you did
with Mike Martinez?

He wasn't good
for Gina's rape,

but he was about to cop
to being set up by Pena.

Hey, I've been right
where you are.

I've gotten so involved
in a case,

I've lost perspective

and taken down a guy
who I knew

was guilty
of something.

I trust my instincts.

If I don't have that,
I shouldn't be here.

Looks like every other guy
on my ship.

you're the third witness

to tell us
the same thing.

Well, it's not the man
from eight years ago, Pena.

I testified at the grand jury.
I remember it very well.

So you saw Pena
in the bar?

Uh, my first time
in the country,

my shipmates--they told
me and Marco to go down

to the Bulkhead Tavern.

- All the cute girls were there.
- And he was with the victim?

He had his hands on her.
She didn't like it.

Had you been drinking?

Of course.
What do you think?

You're asking me if this guy
was in the bar eight years ago?

- How would I know that?
- Come on, Marco.

When you ID'd Omar Pena,
how did it go down?

I picked him out
of a lineup.

I knew the guy right away.

Um, I remember because he bummed
a cigarette off of me earlier.

- Something else I remember.
- Mm-hmm.

He was just staring at her,
you know?

And he tapped her
on the shoulder.

She blew him off.
That poor girl.

What he did to her--

I'll never forget it.

- Thank you.
- Uh-huh.

It was eight years ago.

I've really tried
to put this behind me.

I don't want to have to remember
anything about that night.

And we wouldn't ask you
if it wasn't important, okay?

We just want to make sure
that the man

who did this to you
stays in prison.

So we're asking for your help,

He's getting out?

He has a lawyer

who's trying
to reopen the case.

And that's why we need
to go over every single detail

to make sure,

Okay, what do you need
to know?

Do you recognize this man?

Um, I recognize
the uniform.

What about his face?

Do you remember
seeing him

or talking to him in that bar
eight years ago?

No, the man in the bar
was Omar Pena.

He followed me.
He raped me.

did you see his face

while he was
attacking you?

I saw his uniform.

I was trying
to remember details,

and he--he must have
seen me looking,

and so he splashed me
in the face.

Right, so you recognize him
from the bar,

not from the attack?

It was him.

I don't know why
you're asking me all of this.

You told me yourself
he knew all those details.

He knew about the scarf
that he used to gag me with.

I haven't worn red since.

What did you say?

You said, "red"?

Are you sure that
the scarf was red?

Yes, it was a birthday present
from my mother.

Said it was supposed
to bring me luck.

Tell me
he's not getting out.

Hey, Liv,
slow down.

What's going on?

One of the details
that only the rapist would know.

There's the paperwork.

When Omar confessed,

he said that he used
a green scarf to gag Ariel.

You sure?

I've gone over my notes
on this case

every single night
since Gina was raped.

It was the one detail
that convinced us

that Omar was guilty.

And just now Ariel said
the scarf was red.

Did you find it
on the worksheet?

Yeah, here we go.

The officer
who vouchered it

listed it as green.

Does that look green
to you?

And you weren't
at the crime scene?

I was at the hospital
with Ariel.

So you questioned Pena
off an evidence log

that you didn't know
was wrong.

At some point, I must have
mentioned the green scarf.

And then when he was tired
and exhausted

and confused, he must have
repeated it back to me.

Put himself away
for 300 years.

He recanted.

He kept telling me
that he was innocent.

The officer was color blind.

Are you kidding me?

How did he get
on the force?

He was fine when he came out
of the academy,

but by 2004,
he had early stage MS.

- And one of the symptoms--
- Color blindness.

So he logs in
a red scarf as green?

Anything that can go wrong--

I must have mentioned
that detail to him,

and then hours later,
he repeated it back to me.

It could've been a detective
who interrogated Pena earlier.

Doesn't matter.
The confession's no good.

I take full responsibility.

We're not pointing
fingers here.

If Pena's confession
was compromised,

and he's petitioning
for a DNA test, he deserves one.

A couple of days ago,
your detective assured me

that I had
a good confession.

I took her word
on that.

We're all out
on a limb here.

People make mistakes.

Detective Benson
has stepped forward.

I am not arguing character.

This is about perception.

Ellis is gonna turn this
into an indictment

of both of our offices.

Okay, let me talk
to Ellis and tell him

that this was entirely
my mistake.

Don't bare your neck
to a wolf.

Just tell him that
the DA's office

will move to get
the DNA test approved.

We found matching
touch DNA on the ropes

at both crime scenes.

That means it wasn't you,

They're reopening the case.

At the very least,
if it has to go to retrial,

there will be
reasonable doubt.



A reinvestigation?
A retrial?

You want a gold medal now?

You're telling me something

that I told you
eight years ago.

Take it easy, Omar.

I'm innocent.
I don't want a retrial.

I want them
to vacate my conviction.

There is light
at the end of this tunnel.

I'll believe that
when I'm out.

The confession
was all my fault.

I worked him hard.

I told him that we had
all kinds of evidence.

I told him that he was
going away no matter what.

I broke him.

You were doing your job.

I forced a false confession.

Are there others?

I look in the mirror,
I don't like what I see.


I've seen good old boy
detectives pull this.

And I took pride in knowing
that I wasn't one of them.

Because you're not.

You stepped forward.

How did it go
at Green Haven yesterday?

How do you think?

You know, munch and I
had Pena first.

It could've been one of us
who slipped up on that scarf.

Doesn't matter.

So where are we on catching
the real rapist?

Nowhere but somewhere.

It turns out that
there are more

than the two rapes
that happened here.

We got three other DNA hits

from Interpol.

What are we looking at?

Three sexual assaults--
one in Buenos Aires in 2006,

another in Naples, Italy,

and then Rota, Spain,

So our serial rapist
starts here

in 2004 with Ariel,
then moves on to other ports.

Until he comes back,
rapes Gina Logan.

- Same M.O.?
- Yep.

Uniform, ammonia,

all committed by a single
unknown suspect.

So these are all
port cities,

so, you know, I checked
the specific dates.

They all match up with
International Fleet Week events.

We know the rapist
isn't US Navy.

They'd have his DNA
on file.

So these naval uniforms--

how different are they
from one country to the next?

My client has been wrongfully
imprisoned for eight years.

How much longer
does he have to wait?

Can't let Pena out until
we complete our investigation.

The DNA results alone
aren't exculpatory.

Paired with
a false confession,

- the hell they aren't.
- Hang on a minute.

There's plenty of other evidence
besides Pena's confession.

Victim picked him
out of a lineup.

Six witnesses ID'd him
in a bar harassing her.

He gets arrested with
the victim's credit cards.

It's, uh, not a slam dunk
for a dismissal.

Bad IDs.

There's no malice here.

Not from the DA's office,
not from NYPD.

Detective Benson
is killing herself

trying to make
this thing right.

- You saw her with Pena.
- Yes, I know.

She's taking this

She's not one of those
good ol' boy detectives.

This is a point

of pride with her.

May I ask when
detective Benson

told you about
our visit to Pena?

Excuse me?

Yesterday afternoon?

I was with her on the train,
so it must have been...

last night.

What are you asking me?

I'm curious.

What exactly is the nature
of your relationship?

I think we're done here.

Does the District Attorney

I've got an innocent man
in prison,

and appearances suggest
that the detective

who coerced
the confession

is involved
with the ADA

whose office
is reinvestigating the case.

You know us both
better than that.

Then I know you'll both
do the right thing here.

I don't get it.

Ellis knows
that our relationship

has nothing to do
with this case.

He does,
but it gives him a grenade.

Okay, so we have
no choice.

- We have to disclose.
- No, it's too late.

This comes out now,
after I vouched for you,

we lose our careers.

Well, I don't understand
why the DA

won't release Pena.

It doesn't work that way,

Overturning a guilty plea
with that much evidence--

it has to go
through a process.

Okay, so how do we
speed it up?

How do we get Omar
out of prison?

If you find
the real rapist,

tie him
to both cases,

that exonerates Pena

And if we don't?

Ellis has to play
his hand.

Can I drop you somewhere?

I'll get home
on my own.


Can I talk to you?

Sure. Come in.

Thank you.

Uh, what can I do for you?

David Haden and I...

it's not some conspiracy.

No, I didn't think it was.

What you're doing...

I know that it's for Omar,

and I hope
that you know me

well enough to believe

that we want the same thing.

I do.

But how do I tell Omar

I have a way for him
to get out today,

but I can't use it because

two people might
lose their jobs.

I understand that.
I do, but...

I'm not here to plead
for my career

or for David's...

I would expect, if David Haden
had something to say to me,

he'd say it himself.

That's not what I meant.

Is there any part of this

about him?

And you, and me?

Um, I would hope
you know me well enough

not to have to ask
that question.


Point taken.

So... what can I
do for you?

Give me time.

If we arrest
the real rapist,

then Omar gets out.

How long?

A week.

Or I will go
to the DA myself

and tell him everything.

So where are we
with foreign military?

Well, the State Department
was able to get access

to a database
of international ship logs.

Okay, so three foreign vessels
made port stops

that match
all of the attacks.

Yeah, a Canadian destroyer,
Colombian marine cruiser,

and a Brazilian frigate.

Gina and Ariel
both said

that the rapist
never spoke.

It could be because he had
an identifiable accent.

But you were right
about the uniform.

Look at this.

Canadian Navy
and Colombian Marines

wear different colors
and different type shirts,

but check this out.

Brazilian Navy--
that uni

looks very similar
to ours.

Yeah, it's easy

for a witness or a victim
to confuse.

Okay, so the Brazilian ship
that matched--the Maranhao--

it's leaving tomorrow, but right
now it's docked at pier 88.

So we've narrowed it down
to 3,000 suspects.

We already know
a few of them.

I mean, Javier, Marco--
they were witnesses at the bar.

We reinterviewed them the other
day right by their ship.

Javier pointed the finger
at Omar eight years ago.

If he's the rapist,
he had motive to set him up.

All right, before we start
an international incident,

let's get photos out
to the victims.

Oh, my God.
That's him.

What did I do?
What did I do?

That's the man
who raped me.

I'm positive.

Where is he?
Did you find him?

We're working on it,

He's been doing this
for eight years?

So if you hadn't
put away the wrong man,

this never would have
happened to me!

I'm sorry, Gina.

- That's two for two.
- Right, thanks.

- Ariel also ID'd Javier.
- We gotta pick him up.

We may be too late.
That was Fin.

Javier's buddy Marco
is still onshore,

but Javier's already
boarded the ship.

Yeah, but they're docked
in our jurisdiction.

What's to stop us
from just going on board

and arresting him?

Only about a dozen
international treaties.

I spoke to Haden.

No way
Brazilian authorities

will turn over a sailor
to US Law Enforcement.

Well, what about State?

Well, it could take
days to go

through the proper
diplomatic channels.

We don't have days.
They sail tomorrow.

Yeah, but Javier
doesn't know that

we're looking
for him yet, right?

I mean, it can't be too hard
to get a sailor

to go on shore leave.

Classy place.

Owner's a retired cop.

Doing us a solid.

Think he misses
the action.

Javier just landed.


Didn't think, uh,
my friend could handle

another night
of partying.

Not too many girls.

Ainda e cedo, caro.

So last night--
what is this?

Your going away party.

Well, I guess you're
a lefty, huh, Javier?

Therefore, we believe

the people no longer
meet the burden of proof,

and we move
to vacate the judgment.

Mr. Haden?

The DA's office
has no objection, your honor.

We fully support
this request.

Mr. Pena...

given the new evidence
presented here today

and the grave miscarriage
of justice,

this court sincerely

and will not allow you
to be incarcerated

for one minute longer.

Pursuant to the New York Code
of Criminal Procedure,

article 440.10,
I hereby vacate

the judgment against you.

You're a free man, sir.

So I just got
off the phone with the lab,

and they've confirmed
that Javier's DNA

is a match to all
five crime scenes.

At the end of the day,
you got your guy.

Liv, I want to give you
a heads-up.

The DA has decided to start up
a Conviction Integrity Unit

on past cases.

- Okay.
- And...

they're gonna start by taking
a look at sex crimes.

So two days ago,
the DA was content

to let Pena rot
in prison,

and now he wants
to play the hero?

Welcome to my world.

By the way, uh,
David Haden

will be in charge
of the unit.

Good to know.


You too.

- Nick.
- Yeah.

You're a good partner.

So... Chief Haden.


Thank you.

It's a big undertaking.

I asked Bayard Ellis
to be

a member of my outside
advisory panel.

I'm not so sure
that he's a joiner.

Guess we'll see.

where does that leave us?

In conflict.

I'm gonna be looking into cases
that you handled.

And we never disclosed.

It's not too late.

But that means
I'd have to resign.

Well, that's ridiculous.
You can't do that.

It's what you live for.

- Says who?
- Says you.

The first time you walked
into our squad room.

I'd be assigned
to your cases.

You know, that--
that means we--

I know.



never happened.

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