Law & Order: Special Victims Unit (1999–…): Season 16, Episode 21 - Perverted Justice - full transcript
A woman who accused her father of raping her when she was six now says the accusations were false. With the help of attorney Bayard Ellis and retired captain Cragen, SVU tries to get to the truth and make sure justice is served.
NARRATOR: 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.
Love is long-suffering and kind.
(CONGREGATION MURMURING)
Love never rejoices at evil, but
rejoices in the triumph of truth.
Repeat.
Love bears with all things.
ALL: Love bears with all things.
Ever trustful, ever
hopeful, ever patient.
ALL: Ever trustful, ever
hopeful, ever patient.
Love never fails.
ALL: Love never fails.
Noah Porter.
Now we celebrate you, and we
welcome you into our community.
All say, "You are a blessed gift,
and we give you our blessings."
ALL: You are a blessed gift,
and we give you our blessings.
Noah,
may the future bring
love to your heart,
joy to your mind,
and truth from those sweet lips.
I didn't know you were a
Unitarian, Sarge. Oh, I'm not. I, um...
Actually I didn't
grow up any religion.
I just wanted Noah to have
something that would ground him.
Yeah, then rebel against when
he's a teenager. Am I right?
(CHUCKLES) I
get it, I'm Catholic.
No kidding.
Come on, little
man. You did great.
God bless you.
Michelle. I'm glad you keep
coming back to services. Yeah.
And you're working your
program? Yeah, every day. Um...
Up to my ninth step.
Making amends.
To my father.
Michelle, your father's in
prison. That's not your fault.
Yes, it is.
I lied to the police.
It's not enough to apologize.
I'm supposed to restore justice.
When possible. Don't
you know that lawyer,
the one who gets
innocent people out of jail?
Sound it out. T-H...
Throw. No. No.
The O-U is "oo" here.
Oh. Through.
Nice. Nice.
BOTH: "I walk through the valley
"of the shadow..."
GUARD: Visitor's here.
Oh, you know, just, uh,
find me later, Jose. Okay?
GUARD: No, Thompson. For you.
For me?
Michelle?
Why are you here?
I brought someone to meet you.
Bayard Ellis, Mr. Thompson.
I work with Project Innocence.
I told him, Daddy.
The truth.
That you never raped me.
(SIGHS)
(THEME MUSIC PLAYING)
BENSON: We just had
a dedication ceremony.
(CHUCKLES) Such a
sweet boy. He has your smile.
Well...
If everything goes as planned,
then the adoption will
be official in a month.
Oh, well,
congratulations, Olivia.
Thank you.
But I know that you
didn't invite me to dinner
to talk about Noah.
So, what's happened?
Uh, Reverend Scott asked me to
look into a case involving a congregant,
Michelle Thompson.
Her father, Derek,
was convicted of raping her
17 years ago when she was six.
Convicted of raping
his own daughter?
That's a tough case for
Project Innocence to get behind.
Oh, it is. But this case was primarily
made on Michelle's testimony.
Now she's saying that she was
pressured by her mother to lie.
She wants to recant.
Seventeen years after the fact?
Oh, she tried once
before, as a teen.
The original A.D.A. and
detective argued against reopening.
Michelle went off the deep
end after that. Drugs, alcohol.
She's, uh, recently
found sobriety. Hold on, so,
her recant is part of
a 12-step program?
That's not the most
reliable indicator of the truth.
Believe me, I've
seen that pink cloud,
"I forgive everyone"
affect, too.
That's why I need
you to investigate.
Any DNA, forensics,
any corroboration?
No, only her testimony.
And some inconclusive
medical symptoms.
Her mother, who has her own substance
abuse history, made the initial 911 call.
Did you talk to the father?
Oh, sure, up in Green Haven.
He's a model prisoner.
I found him credible.
He's maintained his
innocence for 17 years.
It's hard enough to prove that
someone is innocent of a crime.
It's harder still to prove
that that crime itself
never occurred.
So you thought of me?
Indeed I did.
Bayard Ellis wants us to
reopen a 21-year-old incest rape?
Let him do the legwork.
Look, he just wants us to
see if there's anything there.
I mean, obviously it's tough to get a
conviction reopened. But Bayard Ellis,
the guy's a legend. If he
thinks this is worth looking into...
Look, I know Ellis is your friend, but do
we really need to work a closed case?
Nick, this isn't
out of friendship.
And SVU didn't handle the case,
it was the local precinct,
who hated Derek Thompson.
Who really worked him over.
And when he finally got a lawyer...
Yeah, let me guess,
first-year legal aid...
It was worse than that. It
was some down-on-her-luck,
18-B rent-a-lawyer who could
hardly pay for her transcript copies.
We're just gonna vet the case.
So, the lead detective was a
guy named Ted McCormack,
and the A.D.A. was O'Dwyer.
None of whom I've met.
Before your time? Wow.
You missing Staten
Island, Carisi?
But there is somebody
coming back to town
who was here when
they built the place.
CRAGEN: Eileen's grandkids.
We spent the winter with them in
Fort Lauderdale, after the cruise.
You know, I, uh, never
thought I would say it,
but, uh, it turns out there's
more to life than NYPD.
Oh, yeah? Well, the place
is falling apart without you.
Thanks, Nick. Okay,
come on. No more chitchat.
Why are we here? You have
a victim who wants to recant?
17 years later. But
between her ninth step,
Reverend Curtis
and Bayard Ellis,
she's convinced the cops
and the D.A. blew the case.
It wasn't SVU. It was up
at your old house, the 27.
And we can't seem to get in touch
with this detective who caught the case,
uh, Ted McCormack?
Ted McCormack? Yeah,
well, you may have a problem.
What, you knew McCormack? Unfortunately.
The guy got bounced around a lot.
Never met a
corner he didn't cut.
Okay, any chance you
remember the D.A.?
Uh, O'Dwyer, Kenneth O'Dwyer?
O'Dwyer, that must have
been an early case of his.
He had family connections,
got his hands dirty for a year,
then they bumped
him up to white collar.
What does he say about this?
BENSON: Haven't called him yet.
Okay, good. Hold off.
He rides a high horse.
I know an old
lifer back at the 27.
If I buy him lunch, he'll
dish like a gossip girl.
My mama was out.
She was drinking
and drugging then.
My dad came home from work, saw
me and my baby brother, making a mess.
I'd tried to make hot
dogs and burned myself.
He got angry. At you?
You shouldn't have been cooking
at six. Well, that's what my dad said.
But my brother was
crying, he was hungry.
Well, you tried.
Then Daddy asked where
Mama was. If she was...
If she was drinking.
And, um, he put us to bed.
When she got home,
they started screaming
at each other.
I was crying. So Mama came in.
I told her my hand got burnt.
And she looked at me strange and
said, "What did your daddy do to you?"
Do you remember
how you responded?
Yeah, um...
God, I did not want
her to be mad at me,
so I said it was Daddy's fault.
And, um, she kept
asking questions.
What else did he do? Did
he touch me down there?
And every time I said
no, she got angry. So...
So I finally said yes.
The next morning, when Daddy
went to work, she called the police.
Okay. So,
you're saying that
your father never
touched you at all that night?
No, he yelled, and
scared me, but no.
Okay, Michelle, you repeated
the story to the detective,
the D.A., to the jury.
Yeah, my mama said
I had to keep saying it,
or people would be
mad at me for lying.
Look, I just wanted
everyone to be quiet.
Nothing happened that night.
I swear.
That man's a curse. Is he dead?
He's not dead, ma'am. Maybe we could
come up, we could ask you some questions.
I'm not letting police up
in my house. What is this?
He's not getting out, is he?
We're looking into the case.
(SIGHS) He put you up to that?
No, actually, your
daughter Michelle did.
What is it this week?
She's found Jesus?
She's looking for the truth
down at the bottom of that bottle?
You know, you wait a
week, she'll change her mind.
She and her brother
are both messed up
because of their father.
I'm done talking.
I'm late for work.
Oh, she's right back in that
apartment, 17 years ago. Yeah.
She's holding on so tight to the story
she told then, it's almost like she has to.
Well, this is why I don't
like reopening cases.
It's tough enough to figure out
at the time. All these years later,
how are we ever gonna know?
I never touched my little girl.
My wife lied
and she made Michelle lie.
There a reason your wife would
do that to you, Mr. Thompson?
You know, Audrey
was an addict back then.
She used to come home
with this wild look in her eye.
She was dangerous.
But most of the time, I
knew to keep out of her way.
But not that night?
No. She left the kids alone.
They could have
burned the house down.
All right, so you're saying your wife
made up a story about you raping Michelle,
convinced her to lie,
and had you put in prison
because of a marital fight?
Don't you think I've been asking
myself that for the last 17 years?
Yeah, it's time enough to make
up a lot of excuses for yourself.
Yeah, but there was no evidence.
There were bruises.
She was crying.
Not because of me.
Hmm. The police asked why there
was semen on your daughter's pajamas.
You said your
wife had planted it.
There was no semen. Exactly.
If you were innocent, why
didn't you just say that?
Because the police tricked me.
Like you're trying
to trick me right now.
We're not trying to trick you.
We just wanna know
your side of the story.
You know, I've kept my
back to the wall in here.
I've tried to be a good father.
How so? 'Cause I write to
Will and Michelle every week.
And I tell them
that I love them.
Their mother, Audrey, she's
never been there for them.
But I'm still their father.
My daughter has admitted
that this whole
story was made up.
Now what more do I have to do?
It's a real honor to meet you,
Counselor Ellis. Sir. Call me Bayard.
Okay. Wow. Okay, uh, Carisi,
about the meeting with
Derek Thompson. Right, right.
Uh, he maintains his innocence.
Which is to be expected.
But his version of that night
does match up with Michelle's.
And she seemed credible.
We're gonna need more than
that to convince the judge to reopen.
The detective on the case, Ted
McCormack, has retired to Florida.
I've left more than a few
messages, but no call back yet.
Look who I picked
up on the street.
Captain! Amanda.
It's good to see you.
So, Captain Cragen,
Counselor Ellis,
you two remember
each other. Yeah.
And this is Carisi.
Call me Sonny.
No one else does.
BENSON: Captain Cragen
has some contacts up at the 27.
I asked him to look into this.
And you found
something? No, I didn't.
And I'm not showing you this.
But it is addressed to Detective
McCormack and A.D.A. O'Dwyer.
So, if you were to
request it from his office
because maybe you saw
it in a precinct evidence log,
he would have to produce it.
And what is this that
you're not showing us?
NICK: A letter Michelle's
first grade teacher wrote.
It says Michelle came to her crying because
her mother made her lie to the police.
And this letter was sent
before the trial started?
SONNY: Counselor, if I may,
if we can prove that the D.A. had
this potentially exculpatory evidence
and didn't share with the
defense, that's a slam dunk, right?
Uh, just hold your
horses there, Sonny.
It's possible O'Dwyer
did forward the letter.
And Thompson's
defense just didn't use it?
Come on. All right,
this is awesome.
This means justice delayed does
not have to mean justice denied.
So, you're new here?
O'DWYER: Tamsin, thank you.
This won't take long.
Bayard Ellis. How's
life in Brooklyn?
Nice to see you, Counselor.
This is Sergeant Benson.
I've heard good things.
Well, then, we're even.
The Thompson case. My
first win as lead prosecutor.
And the jury deliberated
for half an hour,
found him guilty on all
charges. Open and shut.
Oh, you know me, Kenneth.
Absolutes give me hives.
The jury believed the victim.
I would think that would give you
comfort, Sergeant. Well, usually it does.
But the girl is now claiming
that she was forced to lie.
By her mother. Again?
So you knew that she
had recanted before?
As a teenager. She came to
the police, she said she was sorry.
The detective thought she
might have been on drugs.
He didn't find her credible.
But Michelle also told
her first grade teacher
that she lied, and that
was before the trial.
Now, the teacher wrote a letter
to you and Detective McCormack
detailing the disclosure.
I don't need to tell you that
such a letter would be exculpatory.
No, you don't.
I've read the transcripts. Her letter
was never mentioned by the defense.
Well, you should ask
the defense about that.
I hope you're not accusing
me of prosecutorial misconduct.
Are you saying you turned
that letter over to the defense?
Absolutely.
In 1998, the attorney's
name was Cassie Muir.
And I have no idea why
she didn't bring it up at trial.
Derek Thompson
raped his daughter.
If he has regrets
about that now,
if his daughter has decided
she suddenly misses him,
that's a family tragedy.
But it doesn't
make him innocent.
We spoke on the phone, Ms.
Muir. The Derek Thompson case.
Oh.
My experience as a practicing
lawyer is a part of my past
I choose to revisit as
seldom as possible.
So you don't practice
anymore? No. I, um...
I did get disbarred in '09.
Although they never
filed a complaint.
They said they sent a
certified letter, but I never got it,
so by the time I could fight it,
they'd already made up their minds.
Okay. Well, we're here
about a different letter.
Oh, this is about the
Derek Thompson case.
ROLLINS: So you do
remember? Uh, oh, of course I do.
Um, the allegations
were horrific.
But, uh, even a pedophile
is entitled to a defense.
Do you think he was guilty?
Oh, honey, they were all guilty.
Okay, well, we
found this letter,
it's from Michelle's
first grade teacher,
it says that her mother
was coaching her to lie.
Uh-huh.
So do you remember getting
that from the D.A.'s office?
Oh, Ken O'Dwyer and I
may have been adversaries,
but he always treated
me with respect. So...
So, yes, of course, I
remember getting that letter.
Well, the teacher told us that
you never followed up with her.
Can you tell us why?
Well, I'm sure I
had a good reason.
You must put a letter like that in
the context of your whole defense.
Juries get upset.
It could backfire if you
go at a young girl too hard.
So Daddy's attorney
had that letter?
She never even tried to talk
to your teacher, Mrs. Morgan.
Your teacher also says that she
sent a letter to the lead detective.
So, what do we do now?
I'll be filing a motion
for a 440 hearing
on grounds of ineffective
assistance of counsel.
The best case scenario,
your conviction is vacated and
O'Dwyer agrees to drop the charges.
O'Dwyer? He hates me.
I can't get my hopes
up on a scenario.
I can't promise an outcome, but
Judge Rosenbaum is hearing the case.
She's a progressive, outspoken
on reforming the system.
Her track record tends to
favor the defense in appeals.
Mr. Ellis is telling us
we got a good shot.
Just have faith, Daddy.
I couldn't have
said it better myself.
Yeah?
Counselor Ellis.
Oh, you look cheerful,
considering Judge Rosenbaum
is about to vacate all
charges against my client.
You haven't heard?
Judge Rosenbaum suffered a
mini-stroke last night. It's a shame.
Yes, it is.
I'm willing to postpone. No
telling when she'll be back.
The case has already
been reassigned. Bertuccio.
Win some, lose some, Bayard.
Hey. Everything all right?
There's been a change of the judge for
this case. It might not be in our favor.
Bayard, this is
Michelle's brother, Will.
So glad that you're here.
Thank you for helping my father.
BAILIFF: All rise.
Thank you all for waiting,
and you may be seated.
Approach, Your Honor?
Will there be a need, Mr. Ellis?
Your Honor, it's my understanding
that you were just assigned this case.
Might I suggest a postponement?
Why? Who's not prepared?
The people are, Your Honor.
Well... (CLEARS THROAT) I
read the paperwork. I'm good.
Mr. Ellis, you need
a postponement?
No, Your Honor.
Well, then step back.
People v. Derek Thompson.
I have a 440 motion?
Your Honor, we have a letter,
probative of the defendant's innocence,
that was never shown
to the jury by defense.
And that's in the file,
Mr. Ellis? Mmm-hmm.
Ah! A letter from Ms.
Thompson's first grade teacher.
Mr. O'Dwyer? Your Honor,
counsel did indeed have this letter,
and chose not to introduce it.
I suspect the judge would
have ruled it as hearsay.
Even if it were admitted,
it strains credulity it would
have swayed that jury's
unanimous decision
on all counts.
All right, just to be clear,
she told her teacher she was
coached by her mother to lie?
ELLIS: A recantation
she adamantly maintains.
But she testified
to the rape at trial
after she spoke to the teacher.
We believe that testimony at trial
was given under maternal pressure.
Looking at this letter, it
may have been sufficient
to cast reasonable
doubt on her testimony.
However, it was up to
the defense to introduce it.
And I'm curious as
to why the defendant
didn't bring up the issue of
inadequate counsel at the time.
My fear is that this appeal is conveniently
timed to the victim's recent recant.
The failure to introduce
this letter alone
does not rise to the level
of lack of effective counsel.
The motion is denied.
Mr. Thompson, you
are remanded back to
Green Haven Correctional.
And this hearing is adjourned.
Daddy, I'm sorry. I'm sorry.
But you got to do
something. Michelle, he tried.
Another appeal? I don't
know that we can. What...
No! No, you got my hopes up.
You got my daddy's hopes up,
my little brother's,
for nothing.
I never should have
trusted you. Any of you.
Happy hour started early?
What she's having.
BARTENDER: You got it.
No good deed. Hmm.
How's Michelle?
Reverend Curtis is with her.
He doesn't want
her to spiral down.
So the case is dead?
It's on life support.
(CELL PHONE CHIMES) We've
exhausted the state appeals.
The last recourse is to file a
federal habeas corpus petition.
You'd need new
evidence for that.
Well, if there is any, I don't know
where it's been hiding all this time.
Amaro just texted.
McCormack's in town.
The original detective. I thought
he wasn't returning our calls.
He wasn't. Cragen reached out.
He said that he was
worried that some nut job,
Bayard Ellis,
was looking to reopen the case.
So McCormack's
coming in to help SVU
make sure it stays buried?
It's good to see you, Ted. I
didn't know if you'd remember me.
Captain Cragen. We used to call
you Captain Crunch back in the day.
They didn't make you for SVU.
How long did you
last? Fifteen years.
Ah, no kidding.
Who's the kid?
Nick Amaro. Captain
taught me everything I know.
Must not have taken very long.
Hey, so, uh, what can you tell us about
this piece of crap, Derek Thompson?
He's the lowest of the low.
Did his own daughter.
Project Innocence, I know
they're bleeding hearts,
but you'd think
they'd steer clear.
Well, his daughter hit bottom, found
Jesus and the right Reverend Curtis Scott.
Ah, that charlatan.
Now I get it.
He plays Ellis, Ellis plays
his new friends at City Hall...
And here we are.
This city.
Same crap, different century.
So, what's going on? Well,
the girl is claiming that
her mother made her lie.
Audrey? She would never.
She had her troubles,
but she was just trying to protect
those kids from that pedophile.
She's all broken up about this.
Yeah, so you spoke
to Audrey Thompson?
Yeah.
I mean, she called me when
you guys started poking around.
After what she went through,
she still looks to me when
she needs a reality check.
So you stayed in
touch after the case?
And before.
I broke up domestic disputes
there more times than I can count.
The guy had a history.
Escalated from slapping his
wife around to raping his kid.
Well, his defense found some
letter sent to you from a teacher
saying Audrey made Michelle lie.
Not a chance.
Derek has made a career
out of convincing that poor kid
he didn't do to her what he did.
And now she's recanting?
It shows you what a sick,
controlling waste of life he is.
It's what we figured.
Okay, Ted, thanks again.
All right, either of you
make it down to Florida,
I'll take you deep
sea fishing, huh.
Florida? Somehow I
never make it there.
Yeah, but it's good
talking to you, Nick.
I'd like stick around, but, uh,
Eileen has roped me into a matinee.
Good luck, Captain.
So the detective working the case keeps
in touch with the ex-wife of the accused?
It's awfully cozy. How many
domestics did he respond to?
Three. The last one a
week before the accusation.
What do we know about
McCormack's personal life?
Well, I'm gonna guess
drinking, messy home situation.
Yep. His wife filed for a
divorce two years after the case.
She died a year ago.
Can you pull up that divorce
petition? I'm already on it.
Yeah, look, here we go.
"Grounds cited, 174,
adultery. Co-respondent..."
Audrey Thompson.
So the detective on the case
was sleeping with the wife
of the guy he arrested? Hmm.
That might have been
good for a jury to know, right?
New evidence. Am
I right, Counselor?
Yeah, it's a start. But
we need to establish
the relationship began before
the trial. BENSON: Hmm.
Oh, McCormack won't
come clean on that.
Yeah, and hotbox
Audrey won't, either.
Michelle and Will, six and four.
Pretty young. Well,
you'd be surprised.
Kids pick up on
more than you realize.
I mean, Michelle's
fragile as it is.
Who wants to ask her
these kinds of questions?
WILL: Detective McCormack?
Yeah, he came around a
lot when Dad went away.
And he'd come to your apartment?
Yeah, Mama said he
was looking after us.
I just thought
that's what cops did.
Do you remember the
first time you met him?
No. I do. Um...
Before Christmas.
Mama and Daddy were fighting.
She knocked the tree over.
And Daddy shoved her
away. She called 911.
And Detective McCormack
responded. Yeah.
Do you remember anything about the
way he behaved around your mother?
She was crying. I
think he hugged her.
Okay. Do you remember any other
physical contact between them?
Why are you asking us this?
Sergeant Benson may
have found evidence that, um,
your mother was involved
with Detective McCormack.
They were together?
Oh, my God!
We're not sure.
(MICHELLE SIGHS)
Do either of you remember a time
when they may
have left together?
Yes, she went away once, um...
For a weekend. It was
after Daddy was in jail.
I remember we went to Grandma's.
Oh, yeah. She brought us back
the snow globe and the pink flamingo.
So, this was while your father
was in jail, but before the trial?
I'm trying to remember.
I don't know. I'm sorry.
It's okay. It's okay. I...
I know this is difficult.
So, Ted and Audrey had known each
other six months by the time of the trial.
Can we prove that their
relationship was romantic?
Yeah, we can prove they were both in
Key West on the same weekend in May.
ELLIS: Go on. That weekend,
Detective McCormack
was picking up a perp at
Monroe County Detention.
Oh, weekend getaway
on the taxpayers' dime.
We know Audrey was there how?
I called the Monroe
County Sheriff's office.
Guess who was charged with
disorderly intoxication that same weekend?
Audrey Thompson. Yeah.
She pleaded down to
a dis-con the next day.
And my guess, that's when
McCormack intervened.
So these two were hooking up while
Derek Thompson is awaiting trial?
They railroaded him, Sarge.
I mean, that's gotta be enough for
a federal habeas corpus, am I right?
I mean, maybe even A.D.A. O'Dwyer
just drops the charges altogether.
Yeah, you can ask,
but don't hold your breath.
Audrey Jones was in Key West the
same weekend as Detective McCormack.
One month prior to
Derek Thompson's trial.
That's called a coincidence,
not a conspiracy.
The detective was
there on police business.
ELLIS: Well, perhaps, but
we believe that police business
provided him the cover to fly in
Ms. Jones for a romantic weekend.
There's absolutely
no proof of that.
ELLIS: It's just common sense. Audrey
Jones was named as the sole co-respondent
in Nora McCormack's
divorce papers.
Detective McCormack never
should have been allowed to testify
against the man that
he was cuckolding.
The defense was deprived the
opportunity to question his motive.
I agree with you, Mr. Ellis.
Given this evidence, I will grant
the petition for habeas corpus.
Mr. Thompson will
be held pending retrial.
Wait, it worked? Daddy,
it's really happening.
Come here. Oh!
I can't believe it.
Retrial? Why didn't he
just drop all the charges?
One step at a time.
This trial will be different, Dad.
We'll be right there with you.
With the new evidence, it's possible
that the jury will find reasonable doubt.
Congratulations, Counselor.
And you, too, Mr. Thompson.
I'm sure you're eager
to move on with your life.
What can we do for you, Kenneth?
How would your client feel
about skipping a retrial altogether?
ELLIS: What are you offering?
Criminal sexual act
in the first degree.
We agree to time served.
Just think about it.
What does that mean?
The D.A. wants to save face.
So? He'll let you out of jail.
Yeah, but I'd have a
felony on my record.
And you'd stay on the
Sex Offender Registry.
You'd have to admit to your guilt in
open court as part of the plea deal.
And I can't take that back.
Mr. Thompson, if you
take Mr. O'Dwyer's offer,
you will spare your daughter from
being cross-examined on the stand.
He'd really take
this to trial again?
He really believes
that you're guilty.
It's easier than accepting he put
an innocent man in jail for 17 years.
No. All this time, all I've had
is the fact that I'm innocent.
And I would never
hurt my daughter.
He can't ask me to say I did.
He could keep you in
prison for the rest of your life.
Daddy, please.
No. It's the truth that's
supposed to set you free.
Not a lie.
Counselor, good morning!
Sergeant Benson, Mr. Ellis.
Well, your defendant wanted his
day in court. I hope he's ready for it.
Oh, he is. He's been
thinking about it for 17 years.
Well, it didn't have to come
to this. I offered him a way out.
When a man refuses to
plead guilty to get out of jail,
that should tell you something.
It tells me he's a
pathological narcissist.
If he really cared about
his children, his daughter,
he wouldn't put
her through this.
He's not worried about her. He's
worried about his name, his ego.
(SCOFFS) Ego. It's funny you
should mention that. Bayard...
No, no, no. Let Mr. Ellis speak
his mind. It's his favorite activity.
No one likes to
admit to a mistake.
But Derek Thompson suffered
a horrible miscarriage of justice.
And we have the opportunity
to right a terrible wrong. We?
It's not up to a D.A., a lawyer,
or even a judge to
determine guilt or innocence.
It's up to a jury.
Good luck.
My daughter was crying
when I came home.
I asked her why.
She said, "Daddy hurt
me with his pee-pee."
O'DWYER: And
what did you do then?
AUDREY: That next
morning, after Derek left,
I called the police and we made
sure we got Michelle to a doctor.
Can you tell me the name
of the investigating officer?
Detective McCormack.
And Detective McCormack was
someone you already knew? Yes.
He had responded to several
domestic violence calls.
Back then, Derek and
I used to really go at it.
But what we did to each other
was nothing compared to
what he did to Michelle that night.
Why did you form a relationship
with Detective McCormack?
I knew me and my
children needed protection.
After that night, the
only thing on my mind
was making sure that
my children were safe.
Thank you, Ms. Jones.
You were involved with
Detective McCormack.
You spent the weekend
with him in Florida,
which we know because you received
a citation for drunk and disorderly.
Was that vacation
before or after your
ex-husband's trial?
Before, but that had
nothing to do with this case.
If that's true, why didn't
you or Detective McCormack
disclose your relationship to the D.A.
or your husband's defense counsel?
He was married.
It was wrong, but we didn't
want his wife to find out.
Or maybe you were afraid that if a
jury knew about your relationship,
they wouldn't believe
either of you? Objection.
ELLIS: Withdrawn.
The night you claim your daughter was
assaulted, what time did you come home?
I'm not sure.
Had you been drinking?
Yes.
I'm not proud about that.
It was late, you'd
been drinking.
Did you get into a fight
with your husband? Yes.
And immediately after that,
your daughter supposedly disclosed
to you that her father had assaulted her?
She was hurt. She
was... She was crying.
Yet you didn't seek medical attention
for her or call the police that night.
I wanted to wait until my
husband was out of the house.
The next morning, when you knew
Detective McCormack would be on duty.
I wanted to wait until my
husband was out of the house.
Did Detective
McCormack suggest to you
that if you wanted to get
your husband out of your life,
accusing him of sexual assault
was a far more potent weapon
than a domestic violence charge?
No! No.
So you...
You came up with that idea
on your own?
O'DWYER: Objection.
Withdrawn.
I wasn't the best father.
I didn't make enough money.
I worked long hours. I
couldn't always be there.
But you tried to be? Yeah.
I did the best I could
to raise my children.
My wife, she wasn't
interested in that,
not after she turned
to drugs and alcohol.
Is that why you kept in touch
with your children from prison?
Yes. They needed parenting,
even if it was just
through letters.
ELLIS: So once again,
on the night in question,
did you sexually assault
your daughter, Michelle?
Absolutely not.
Thank you, Mr. Thompson.
When the police initially questioned
you about your daughter's injuries,
the semen on her pajamas,
did you accuse your
wife of planting it?
I only said that because
the police lied to me.
There was no semen.
Why didn't you just say that?
Because I was just
trying to make sense of it.
O'DWYER: Okay.
Mr. Thompson,
the only reason that we're here
is because your daughter is now
recanting her original statement.
You testified to
writing her letters.
In those letters, did you ask
her to help you get out of prison?
Yes. Because...
Do you think it's possible
that she's recanting now
because you
manipulated her into it?
I only asked her
to tell the truth.
Hadn't she done that already?
To D.A.'s, to detectives,
to the jury, under oath?
My ex told her to
say those things.
O'DWYER: And now you're
telling her to say other things.
Objection. Sustained.
When Detective
McCormack got there,
my mother made me tell
him that I'd been raped.
But that wasn't the truth.
ELLIS: Then why did you continue
to say it, even months later, at trial?
I was six. I was
scared of my mother,
I did what she told me to do.
I've regretted it
every day of my life.
Thank you, Ms. Thompson.
You say your father
did not rape you.
Yet, in your original testimony,
you claimed otherwise.
Will you read this for the jury?
"Daddy hurt me.
"He tucked me in, and then he
tried to put his penis in my vagina.
"It hurt a lot.
"Then he put his
finger inside me."
Do you recall
saying those words?
Yes. I was forced to.
O'DWYER: In a recent
interview with SVU,
you said you burned
your hand that night
trying to cook hot dogs.
Yes. Um, my dad blamed my mom
for leaving us alone. He got angry.
Oh, do you remember that? I
remember hearing them fight.
O'DWYER: Do you remember
which hand was burned?
My right hand.
It hurt a lot.
O'DWYER: But when you went
to visit a doctor the next morning,
she examined the
bruises on your thighs,
yet made no note of a hand
injury. Did you forget to tell her?
I was there because my mom
made me say I'd been raped.
Is it possible that you
never burned your hand at all
but your father convinced
you that this happened?
I don't think so.
But it is possible that your mother
convinced you that you were raped,
even though you say
that never happened?
Or maybe it's just
easier to believe
that your father
didn't rape you.
ELLIS: Objection.
JUDGE: Sustained.
Did your father
hurt you that night?
I know he didn't.
You know he didn't? Or
you remember he didn't?
I don't remember
him doing anything.
Which isn't the same as
remembering that he didn't do anything.
Is this a story you've
been told to remember?
What?
I'm gonna ask you one
more time, Ms. Thompson,
and I'm gonna remind
you that you are under oath.
Did your father rape you?
Did your father rape you?
I don't know. I was six.
I can't...
Daddy, I'm so sorry.
Redirect, Your
Honor. I'll allow it.
Michelle, I know it took a lot for
you to come up here and testify today.
Just now, did you feel as if
Mr. O'Dwyer was bullying you?
Yes. Did that confuse you?
Did you give him the answer
that you thought he wanted to hear
so that he would stop?
Yes.
Similar to what happened
to you with your mother
when you were six?
That's right.
Did your father
ever do that to you
before you recanted?
No, not at all.
In fact, after your
father was taken away,
you tried to tell the
truth to your teacher,
to Detective McCormack
and to A.D.A. O'Dwyer.
Yes, but they wouldn't listen.
I'm listening, Michelle.
Did your father
rape you that night?
No. No, he didn't.
Thank you.
Michelle.
Are you all right?
What happened to me up there?
O'Dwyer kept going at you until
you said what he wanted you to say.
But Mr. Ellis was gonna make sure
that the jury saw that for what it was.
If you say so.
When I was up there,
I started wondering,
"Am I doing all this for
my father, or for me?"
You have no idea what it's
like having everyone think
that my father did that to me.
I used to say he was dead.
I just want that part
of my life to be over.
It is.
You made sure that the
truth was heard this time.
Right. The truth.
The truth is, I don't
really remember.
JUDGE: Ladies and gentlemen of
the jury, have you reached a verdict?
FOREWOMAN: We have, Your Honor.
On the charge of
rape in the first degree,
we find the defendant,
Derek Thompson,
not guilty. Yes!
JUDGE: The State of New
York thanks you for your service.
Derek Thompson,
if there are no holds,
you are free to go.
Thank you, Olivia.
We did the right thing.
Did we?
(THEME MUSIC PLAYING)
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.
Love is long-suffering and kind.
(CONGREGATION MURMURING)
Love never rejoices at evil, but
rejoices in the triumph of truth.
Repeat.
Love bears with all things.
ALL: Love bears with all things.
Ever trustful, ever
hopeful, ever patient.
ALL: Ever trustful, ever
hopeful, ever patient.
Love never fails.
ALL: Love never fails.
Noah Porter.
Now we celebrate you, and we
welcome you into our community.
All say, "You are a blessed gift,
and we give you our blessings."
ALL: You are a blessed gift,
and we give you our blessings.
Noah,
may the future bring
love to your heart,
joy to your mind,
and truth from those sweet lips.
I didn't know you were a
Unitarian, Sarge. Oh, I'm not. I, um...
Actually I didn't
grow up any religion.
I just wanted Noah to have
something that would ground him.
Yeah, then rebel against when
he's a teenager. Am I right?
(CHUCKLES) I
get it, I'm Catholic.
No kidding.
Come on, little
man. You did great.
God bless you.
Michelle. I'm glad you keep
coming back to services. Yeah.
And you're working your
program? Yeah, every day. Um...
Up to my ninth step.
Making amends.
To my father.
Michelle, your father's in
prison. That's not your fault.
Yes, it is.
I lied to the police.
It's not enough to apologize.
I'm supposed to restore justice.
When possible. Don't
you know that lawyer,
the one who gets
innocent people out of jail?
Sound it out. T-H...
Throw. No. No.
The O-U is "oo" here.
Oh. Through.
Nice. Nice.
BOTH: "I walk through the valley
"of the shadow..."
GUARD: Visitor's here.
Oh, you know, just, uh,
find me later, Jose. Okay?
GUARD: No, Thompson. For you.
For me?
Michelle?
Why are you here?
I brought someone to meet you.
Bayard Ellis, Mr. Thompson.
I work with Project Innocence.
I told him, Daddy.
The truth.
That you never raped me.
(SIGHS)
(THEME MUSIC PLAYING)
BENSON: We just had
a dedication ceremony.
(CHUCKLES) Such a
sweet boy. He has your smile.
Well...
If everything goes as planned,
then the adoption will
be official in a month.
Oh, well,
congratulations, Olivia.
Thank you.
But I know that you
didn't invite me to dinner
to talk about Noah.
So, what's happened?
Uh, Reverend Scott asked me to
look into a case involving a congregant,
Michelle Thompson.
Her father, Derek,
was convicted of raping her
17 years ago when she was six.
Convicted of raping
his own daughter?
That's a tough case for
Project Innocence to get behind.
Oh, it is. But this case was primarily
made on Michelle's testimony.
Now she's saying that she was
pressured by her mother to lie.
She wants to recant.
Seventeen years after the fact?
Oh, she tried once
before, as a teen.
The original A.D.A. and
detective argued against reopening.
Michelle went off the deep
end after that. Drugs, alcohol.
She's, uh, recently
found sobriety. Hold on, so,
her recant is part of
a 12-step program?
That's not the most
reliable indicator of the truth.
Believe me, I've
seen that pink cloud,
"I forgive everyone"
affect, too.
That's why I need
you to investigate.
Any DNA, forensics,
any corroboration?
No, only her testimony.
And some inconclusive
medical symptoms.
Her mother, who has her own substance
abuse history, made the initial 911 call.
Did you talk to the father?
Oh, sure, up in Green Haven.
He's a model prisoner.
I found him credible.
He's maintained his
innocence for 17 years.
It's hard enough to prove that
someone is innocent of a crime.
It's harder still to prove
that that crime itself
never occurred.
So you thought of me?
Indeed I did.
Bayard Ellis wants us to
reopen a 21-year-old incest rape?
Let him do the legwork.
Look, he just wants us to
see if there's anything there.
I mean, obviously it's tough to get a
conviction reopened. But Bayard Ellis,
the guy's a legend. If he
thinks this is worth looking into...
Look, I know Ellis is your friend, but do
we really need to work a closed case?
Nick, this isn't
out of friendship.
And SVU didn't handle the case,
it was the local precinct,
who hated Derek Thompson.
Who really worked him over.
And when he finally got a lawyer...
Yeah, let me guess,
first-year legal aid...
It was worse than that. It
was some down-on-her-luck,
18-B rent-a-lawyer who could
hardly pay for her transcript copies.
We're just gonna vet the case.
So, the lead detective was a
guy named Ted McCormack,
and the A.D.A. was O'Dwyer.
None of whom I've met.
Before your time? Wow.
You missing Staten
Island, Carisi?
But there is somebody
coming back to town
who was here when
they built the place.
CRAGEN: Eileen's grandkids.
We spent the winter with them in
Fort Lauderdale, after the cruise.
You know, I, uh, never
thought I would say it,
but, uh, it turns out there's
more to life than NYPD.
Oh, yeah? Well, the place
is falling apart without you.
Thanks, Nick. Okay,
come on. No more chitchat.
Why are we here? You have
a victim who wants to recant?
17 years later. But
between her ninth step,
Reverend Curtis
and Bayard Ellis,
she's convinced the cops
and the D.A. blew the case.
It wasn't SVU. It was up
at your old house, the 27.
And we can't seem to get in touch
with this detective who caught the case,
uh, Ted McCormack?
Ted McCormack? Yeah,
well, you may have a problem.
What, you knew McCormack? Unfortunately.
The guy got bounced around a lot.
Never met a
corner he didn't cut.
Okay, any chance you
remember the D.A.?
Uh, O'Dwyer, Kenneth O'Dwyer?
O'Dwyer, that must have
been an early case of his.
He had family connections,
got his hands dirty for a year,
then they bumped
him up to white collar.
What does he say about this?
BENSON: Haven't called him yet.
Okay, good. Hold off.
He rides a high horse.
I know an old
lifer back at the 27.
If I buy him lunch, he'll
dish like a gossip girl.
My mama was out.
She was drinking
and drugging then.
My dad came home from work, saw
me and my baby brother, making a mess.
I'd tried to make hot
dogs and burned myself.
He got angry. At you?
You shouldn't have been cooking
at six. Well, that's what my dad said.
But my brother was
crying, he was hungry.
Well, you tried.
Then Daddy asked where
Mama was. If she was...
If she was drinking.
And, um, he put us to bed.
When she got home,
they started screaming
at each other.
I was crying. So Mama came in.
I told her my hand got burnt.
And she looked at me strange and
said, "What did your daddy do to you?"
Do you remember
how you responded?
Yeah, um...
God, I did not want
her to be mad at me,
so I said it was Daddy's fault.
And, um, she kept
asking questions.
What else did he do? Did
he touch me down there?
And every time I said
no, she got angry. So...
So I finally said yes.
The next morning, when Daddy
went to work, she called the police.
Okay. So,
you're saying that
your father never
touched you at all that night?
No, he yelled, and
scared me, but no.
Okay, Michelle, you repeated
the story to the detective,
the D.A., to the jury.
Yeah, my mama said
I had to keep saying it,
or people would be
mad at me for lying.
Look, I just wanted
everyone to be quiet.
Nothing happened that night.
I swear.
That man's a curse. Is he dead?
He's not dead, ma'am. Maybe we could
come up, we could ask you some questions.
I'm not letting police up
in my house. What is this?
He's not getting out, is he?
We're looking into the case.
(SIGHS) He put you up to that?
No, actually, your
daughter Michelle did.
What is it this week?
She's found Jesus?
She's looking for the truth
down at the bottom of that bottle?
You know, you wait a
week, she'll change her mind.
She and her brother
are both messed up
because of their father.
I'm done talking.
I'm late for work.
Oh, she's right back in that
apartment, 17 years ago. Yeah.
She's holding on so tight to the story
she told then, it's almost like she has to.
Well, this is why I don't
like reopening cases.
It's tough enough to figure out
at the time. All these years later,
how are we ever gonna know?
I never touched my little girl.
My wife lied
and she made Michelle lie.
There a reason your wife would
do that to you, Mr. Thompson?
You know, Audrey
was an addict back then.
She used to come home
with this wild look in her eye.
She was dangerous.
But most of the time, I
knew to keep out of her way.
But not that night?
No. She left the kids alone.
They could have
burned the house down.
All right, so you're saying your wife
made up a story about you raping Michelle,
convinced her to lie,
and had you put in prison
because of a marital fight?
Don't you think I've been asking
myself that for the last 17 years?
Yeah, it's time enough to make
up a lot of excuses for yourself.
Yeah, but there was no evidence.
There were bruises.
She was crying.
Not because of me.
Hmm. The police asked why there
was semen on your daughter's pajamas.
You said your
wife had planted it.
There was no semen. Exactly.
If you were innocent, why
didn't you just say that?
Because the police tricked me.
Like you're trying
to trick me right now.
We're not trying to trick you.
We just wanna know
your side of the story.
You know, I've kept my
back to the wall in here.
I've tried to be a good father.
How so? 'Cause I write to
Will and Michelle every week.
And I tell them
that I love them.
Their mother, Audrey, she's
never been there for them.
But I'm still their father.
My daughter has admitted
that this whole
story was made up.
Now what more do I have to do?
It's a real honor to meet you,
Counselor Ellis. Sir. Call me Bayard.
Okay. Wow. Okay, uh, Carisi,
about the meeting with
Derek Thompson. Right, right.
Uh, he maintains his innocence.
Which is to be expected.
But his version of that night
does match up with Michelle's.
And she seemed credible.
We're gonna need more than
that to convince the judge to reopen.
The detective on the case, Ted
McCormack, has retired to Florida.
I've left more than a few
messages, but no call back yet.
Look who I picked
up on the street.
Captain! Amanda.
It's good to see you.
So, Captain Cragen,
Counselor Ellis,
you two remember
each other. Yeah.
And this is Carisi.
Call me Sonny.
No one else does.
BENSON: Captain Cragen
has some contacts up at the 27.
I asked him to look into this.
And you found
something? No, I didn't.
And I'm not showing you this.
But it is addressed to Detective
McCormack and A.D.A. O'Dwyer.
So, if you were to
request it from his office
because maybe you saw
it in a precinct evidence log,
he would have to produce it.
And what is this that
you're not showing us?
NICK: A letter Michelle's
first grade teacher wrote.
It says Michelle came to her crying because
her mother made her lie to the police.
And this letter was sent
before the trial started?
SONNY: Counselor, if I may,
if we can prove that the D.A. had
this potentially exculpatory evidence
and didn't share with the
defense, that's a slam dunk, right?
Uh, just hold your
horses there, Sonny.
It's possible O'Dwyer
did forward the letter.
And Thompson's
defense just didn't use it?
Come on. All right,
this is awesome.
This means justice delayed does
not have to mean justice denied.
So, you're new here?
O'DWYER: Tamsin, thank you.
This won't take long.
Bayard Ellis. How's
life in Brooklyn?
Nice to see you, Counselor.
This is Sergeant Benson.
I've heard good things.
Well, then, we're even.
The Thompson case. My
first win as lead prosecutor.
And the jury deliberated
for half an hour,
found him guilty on all
charges. Open and shut.
Oh, you know me, Kenneth.
Absolutes give me hives.
The jury believed the victim.
I would think that would give you
comfort, Sergeant. Well, usually it does.
But the girl is now claiming
that she was forced to lie.
By her mother. Again?
So you knew that she
had recanted before?
As a teenager. She came to
the police, she said she was sorry.
The detective thought she
might have been on drugs.
He didn't find her credible.
But Michelle also told
her first grade teacher
that she lied, and that
was before the trial.
Now, the teacher wrote a letter
to you and Detective McCormack
detailing the disclosure.
I don't need to tell you that
such a letter would be exculpatory.
No, you don't.
I've read the transcripts. Her letter
was never mentioned by the defense.
Well, you should ask
the defense about that.
I hope you're not accusing
me of prosecutorial misconduct.
Are you saying you turned
that letter over to the defense?
Absolutely.
In 1998, the attorney's
name was Cassie Muir.
And I have no idea why
she didn't bring it up at trial.
Derek Thompson
raped his daughter.
If he has regrets
about that now,
if his daughter has decided
she suddenly misses him,
that's a family tragedy.
But it doesn't
make him innocent.
We spoke on the phone, Ms.
Muir. The Derek Thompson case.
Oh.
My experience as a practicing
lawyer is a part of my past
I choose to revisit as
seldom as possible.
So you don't practice
anymore? No. I, um...
I did get disbarred in '09.
Although they never
filed a complaint.
They said they sent a
certified letter, but I never got it,
so by the time I could fight it,
they'd already made up their minds.
Okay. Well, we're here
about a different letter.
Oh, this is about the
Derek Thompson case.
ROLLINS: So you do
remember? Uh, oh, of course I do.
Um, the allegations
were horrific.
But, uh, even a pedophile
is entitled to a defense.
Do you think he was guilty?
Oh, honey, they were all guilty.
Okay, well, we
found this letter,
it's from Michelle's
first grade teacher,
it says that her mother
was coaching her to lie.
Uh-huh.
So do you remember getting
that from the D.A.'s office?
Oh, Ken O'Dwyer and I
may have been adversaries,
but he always treated
me with respect. So...
So, yes, of course, I
remember getting that letter.
Well, the teacher told us that
you never followed up with her.
Can you tell us why?
Well, I'm sure I
had a good reason.
You must put a letter like that in
the context of your whole defense.
Juries get upset.
It could backfire if you
go at a young girl too hard.
So Daddy's attorney
had that letter?
She never even tried to talk
to your teacher, Mrs. Morgan.
Your teacher also says that she
sent a letter to the lead detective.
So, what do we do now?
I'll be filing a motion
for a 440 hearing
on grounds of ineffective
assistance of counsel.
The best case scenario,
your conviction is vacated and
O'Dwyer agrees to drop the charges.
O'Dwyer? He hates me.
I can't get my hopes
up on a scenario.
I can't promise an outcome, but
Judge Rosenbaum is hearing the case.
She's a progressive, outspoken
on reforming the system.
Her track record tends to
favor the defense in appeals.
Mr. Ellis is telling us
we got a good shot.
Just have faith, Daddy.
I couldn't have
said it better myself.
Yeah?
Counselor Ellis.
Oh, you look cheerful,
considering Judge Rosenbaum
is about to vacate all
charges against my client.
You haven't heard?
Judge Rosenbaum suffered a
mini-stroke last night. It's a shame.
Yes, it is.
I'm willing to postpone. No
telling when she'll be back.
The case has already
been reassigned. Bertuccio.
Win some, lose some, Bayard.
Hey. Everything all right?
There's been a change of the judge for
this case. It might not be in our favor.
Bayard, this is
Michelle's brother, Will.
So glad that you're here.
Thank you for helping my father.
BAILIFF: All rise.
Thank you all for waiting,
and you may be seated.
Approach, Your Honor?
Will there be a need, Mr. Ellis?
Your Honor, it's my understanding
that you were just assigned this case.
Might I suggest a postponement?
Why? Who's not prepared?
The people are, Your Honor.
Well... (CLEARS THROAT) I
read the paperwork. I'm good.
Mr. Ellis, you need
a postponement?
No, Your Honor.
Well, then step back.
People v. Derek Thompson.
I have a 440 motion?
Your Honor, we have a letter,
probative of the defendant's innocence,
that was never shown
to the jury by defense.
And that's in the file,
Mr. Ellis? Mmm-hmm.
Ah! A letter from Ms.
Thompson's first grade teacher.
Mr. O'Dwyer? Your Honor,
counsel did indeed have this letter,
and chose not to introduce it.
I suspect the judge would
have ruled it as hearsay.
Even if it were admitted,
it strains credulity it would
have swayed that jury's
unanimous decision
on all counts.
All right, just to be clear,
she told her teacher she was
coached by her mother to lie?
ELLIS: A recantation
she adamantly maintains.
But she testified
to the rape at trial
after she spoke to the teacher.
We believe that testimony at trial
was given under maternal pressure.
Looking at this letter, it
may have been sufficient
to cast reasonable
doubt on her testimony.
However, it was up to
the defense to introduce it.
And I'm curious as
to why the defendant
didn't bring up the issue of
inadequate counsel at the time.
My fear is that this appeal is conveniently
timed to the victim's recent recant.
The failure to introduce
this letter alone
does not rise to the level
of lack of effective counsel.
The motion is denied.
Mr. Thompson, you
are remanded back to
Green Haven Correctional.
And this hearing is adjourned.
Daddy, I'm sorry. I'm sorry.
But you got to do
something. Michelle, he tried.
Another appeal? I don't
know that we can. What...
No! No, you got my hopes up.
You got my daddy's hopes up,
my little brother's,
for nothing.
I never should have
trusted you. Any of you.
Happy hour started early?
What she's having.
BARTENDER: You got it.
No good deed. Hmm.
How's Michelle?
Reverend Curtis is with her.
He doesn't want
her to spiral down.
So the case is dead?
It's on life support.
(CELL PHONE CHIMES) We've
exhausted the state appeals.
The last recourse is to file a
federal habeas corpus petition.
You'd need new
evidence for that.
Well, if there is any, I don't know
where it's been hiding all this time.
Amaro just texted.
McCormack's in town.
The original detective. I thought
he wasn't returning our calls.
He wasn't. Cragen reached out.
He said that he was
worried that some nut job,
Bayard Ellis,
was looking to reopen the case.
So McCormack's
coming in to help SVU
make sure it stays buried?
It's good to see you, Ted. I
didn't know if you'd remember me.
Captain Cragen. We used to call
you Captain Crunch back in the day.
They didn't make you for SVU.
How long did you
last? Fifteen years.
Ah, no kidding.
Who's the kid?
Nick Amaro. Captain
taught me everything I know.
Must not have taken very long.
Hey, so, uh, what can you tell us about
this piece of crap, Derek Thompson?
He's the lowest of the low.
Did his own daughter.
Project Innocence, I know
they're bleeding hearts,
but you'd think
they'd steer clear.
Well, his daughter hit bottom, found
Jesus and the right Reverend Curtis Scott.
Ah, that charlatan.
Now I get it.
He plays Ellis, Ellis plays
his new friends at City Hall...
And here we are.
This city.
Same crap, different century.
So, what's going on? Well,
the girl is claiming that
her mother made her lie.
Audrey? She would never.
She had her troubles,
but she was just trying to protect
those kids from that pedophile.
She's all broken up about this.
Yeah, so you spoke
to Audrey Thompson?
Yeah.
I mean, she called me when
you guys started poking around.
After what she went through,
she still looks to me when
she needs a reality check.
So you stayed in
touch after the case?
And before.
I broke up domestic disputes
there more times than I can count.
The guy had a history.
Escalated from slapping his
wife around to raping his kid.
Well, his defense found some
letter sent to you from a teacher
saying Audrey made Michelle lie.
Not a chance.
Derek has made a career
out of convincing that poor kid
he didn't do to her what he did.
And now she's recanting?
It shows you what a sick,
controlling waste of life he is.
It's what we figured.
Okay, Ted, thanks again.
All right, either of you
make it down to Florida,
I'll take you deep
sea fishing, huh.
Florida? Somehow I
never make it there.
Yeah, but it's good
talking to you, Nick.
I'd like stick around, but, uh,
Eileen has roped me into a matinee.
Good luck, Captain.
So the detective working the case keeps
in touch with the ex-wife of the accused?
It's awfully cozy. How many
domestics did he respond to?
Three. The last one a
week before the accusation.
What do we know about
McCormack's personal life?
Well, I'm gonna guess
drinking, messy home situation.
Yep. His wife filed for a
divorce two years after the case.
She died a year ago.
Can you pull up that divorce
petition? I'm already on it.
Yeah, look, here we go.
"Grounds cited, 174,
adultery. Co-respondent..."
Audrey Thompson.
So the detective on the case
was sleeping with the wife
of the guy he arrested? Hmm.
That might have been
good for a jury to know, right?
New evidence. Am
I right, Counselor?
Yeah, it's a start. But
we need to establish
the relationship began before
the trial. BENSON: Hmm.
Oh, McCormack won't
come clean on that.
Yeah, and hotbox
Audrey won't, either.
Michelle and Will, six and four.
Pretty young. Well,
you'd be surprised.
Kids pick up on
more than you realize.
I mean, Michelle's
fragile as it is.
Who wants to ask her
these kinds of questions?
WILL: Detective McCormack?
Yeah, he came around a
lot when Dad went away.
And he'd come to your apartment?
Yeah, Mama said he
was looking after us.
I just thought
that's what cops did.
Do you remember the
first time you met him?
No. I do. Um...
Before Christmas.
Mama and Daddy were fighting.
She knocked the tree over.
And Daddy shoved her
away. She called 911.
And Detective McCormack
responded. Yeah.
Do you remember anything about the
way he behaved around your mother?
She was crying. I
think he hugged her.
Okay. Do you remember any other
physical contact between them?
Why are you asking us this?
Sergeant Benson may
have found evidence that, um,
your mother was involved
with Detective McCormack.
They were together?
Oh, my God!
We're not sure.
(MICHELLE SIGHS)
Do either of you remember a time
when they may
have left together?
Yes, she went away once, um...
For a weekend. It was
after Daddy was in jail.
I remember we went to Grandma's.
Oh, yeah. She brought us back
the snow globe and the pink flamingo.
So, this was while your father
was in jail, but before the trial?
I'm trying to remember.
I don't know. I'm sorry.
It's okay. It's okay. I...
I know this is difficult.
So, Ted and Audrey had known each
other six months by the time of the trial.
Can we prove that their
relationship was romantic?
Yeah, we can prove they were both in
Key West on the same weekend in May.
ELLIS: Go on. That weekend,
Detective McCormack
was picking up a perp at
Monroe County Detention.
Oh, weekend getaway
on the taxpayers' dime.
We know Audrey was there how?
I called the Monroe
County Sheriff's office.
Guess who was charged with
disorderly intoxication that same weekend?
Audrey Thompson. Yeah.
She pleaded down to
a dis-con the next day.
And my guess, that's when
McCormack intervened.
So these two were hooking up while
Derek Thompson is awaiting trial?
They railroaded him, Sarge.
I mean, that's gotta be enough for
a federal habeas corpus, am I right?
I mean, maybe even A.D.A. O'Dwyer
just drops the charges altogether.
Yeah, you can ask,
but don't hold your breath.
Audrey Jones was in Key West the
same weekend as Detective McCormack.
One month prior to
Derek Thompson's trial.
That's called a coincidence,
not a conspiracy.
The detective was
there on police business.
ELLIS: Well, perhaps, but
we believe that police business
provided him the cover to fly in
Ms. Jones for a romantic weekend.
There's absolutely
no proof of that.
ELLIS: It's just common sense. Audrey
Jones was named as the sole co-respondent
in Nora McCormack's
divorce papers.
Detective McCormack never
should have been allowed to testify
against the man that
he was cuckolding.
The defense was deprived the
opportunity to question his motive.
I agree with you, Mr. Ellis.
Given this evidence, I will grant
the petition for habeas corpus.
Mr. Thompson will
be held pending retrial.
Wait, it worked? Daddy,
it's really happening.
Come here. Oh!
I can't believe it.
Retrial? Why didn't he
just drop all the charges?
One step at a time.
This trial will be different, Dad.
We'll be right there with you.
With the new evidence, it's possible
that the jury will find reasonable doubt.
Congratulations, Counselor.
And you, too, Mr. Thompson.
I'm sure you're eager
to move on with your life.
What can we do for you, Kenneth?
How would your client feel
about skipping a retrial altogether?
ELLIS: What are you offering?
Criminal sexual act
in the first degree.
We agree to time served.
Just think about it.
What does that mean?
The D.A. wants to save face.
So? He'll let you out of jail.
Yeah, but I'd have a
felony on my record.
And you'd stay on the
Sex Offender Registry.
You'd have to admit to your guilt in
open court as part of the plea deal.
And I can't take that back.
Mr. Thompson, if you
take Mr. O'Dwyer's offer,
you will spare your daughter from
being cross-examined on the stand.
He'd really take
this to trial again?
He really believes
that you're guilty.
It's easier than accepting he put
an innocent man in jail for 17 years.
No. All this time, all I've had
is the fact that I'm innocent.
And I would never
hurt my daughter.
He can't ask me to say I did.
He could keep you in
prison for the rest of your life.
Daddy, please.
No. It's the truth that's
supposed to set you free.
Not a lie.
Counselor, good morning!
Sergeant Benson, Mr. Ellis.
Well, your defendant wanted his
day in court. I hope he's ready for it.
Oh, he is. He's been
thinking about it for 17 years.
Well, it didn't have to come
to this. I offered him a way out.
When a man refuses to
plead guilty to get out of jail,
that should tell you something.
It tells me he's a
pathological narcissist.
If he really cared about
his children, his daughter,
he wouldn't put
her through this.
He's not worried about her. He's
worried about his name, his ego.
(SCOFFS) Ego. It's funny you
should mention that. Bayard...
No, no, no. Let Mr. Ellis speak
his mind. It's his favorite activity.
No one likes to
admit to a mistake.
But Derek Thompson suffered
a horrible miscarriage of justice.
And we have the opportunity
to right a terrible wrong. We?
It's not up to a D.A., a lawyer,
or even a judge to
determine guilt or innocence.
It's up to a jury.
Good luck.
My daughter was crying
when I came home.
I asked her why.
She said, "Daddy hurt
me with his pee-pee."
O'DWYER: And
what did you do then?
AUDREY: That next
morning, after Derek left,
I called the police and we made
sure we got Michelle to a doctor.
Can you tell me the name
of the investigating officer?
Detective McCormack.
And Detective McCormack was
someone you already knew? Yes.
He had responded to several
domestic violence calls.
Back then, Derek and
I used to really go at it.
But what we did to each other
was nothing compared to
what he did to Michelle that night.
Why did you form a relationship
with Detective McCormack?
I knew me and my
children needed protection.
After that night, the
only thing on my mind
was making sure that
my children were safe.
Thank you, Ms. Jones.
You were involved with
Detective McCormack.
You spent the weekend
with him in Florida,
which we know because you received
a citation for drunk and disorderly.
Was that vacation
before or after your
ex-husband's trial?
Before, but that had
nothing to do with this case.
If that's true, why didn't
you or Detective McCormack
disclose your relationship to the D.A.
or your husband's defense counsel?
He was married.
It was wrong, but we didn't
want his wife to find out.
Or maybe you were afraid that if a
jury knew about your relationship,
they wouldn't believe
either of you? Objection.
ELLIS: Withdrawn.
The night you claim your daughter was
assaulted, what time did you come home?
I'm not sure.
Had you been drinking?
Yes.
I'm not proud about that.
It was late, you'd
been drinking.
Did you get into a fight
with your husband? Yes.
And immediately after that,
your daughter supposedly disclosed
to you that her father had assaulted her?
She was hurt. She
was... She was crying.
Yet you didn't seek medical attention
for her or call the police that night.
I wanted to wait until my
husband was out of the house.
The next morning, when you knew
Detective McCormack would be on duty.
I wanted to wait until my
husband was out of the house.
Did Detective
McCormack suggest to you
that if you wanted to get
your husband out of your life,
accusing him of sexual assault
was a far more potent weapon
than a domestic violence charge?
No! No.
So you...
You came up with that idea
on your own?
O'DWYER: Objection.
Withdrawn.
I wasn't the best father.
I didn't make enough money.
I worked long hours. I
couldn't always be there.
But you tried to be? Yeah.
I did the best I could
to raise my children.
My wife, she wasn't
interested in that,
not after she turned
to drugs and alcohol.
Is that why you kept in touch
with your children from prison?
Yes. They needed parenting,
even if it was just
through letters.
ELLIS: So once again,
on the night in question,
did you sexually assault
your daughter, Michelle?
Absolutely not.
Thank you, Mr. Thompson.
When the police initially questioned
you about your daughter's injuries,
the semen on her pajamas,
did you accuse your
wife of planting it?
I only said that because
the police lied to me.
There was no semen.
Why didn't you just say that?
Because I was just
trying to make sense of it.
O'DWYER: Okay.
Mr. Thompson,
the only reason that we're here
is because your daughter is now
recanting her original statement.
You testified to
writing her letters.
In those letters, did you ask
her to help you get out of prison?
Yes. Because...
Do you think it's possible
that she's recanting now
because you
manipulated her into it?
I only asked her
to tell the truth.
Hadn't she done that already?
To D.A.'s, to detectives,
to the jury, under oath?
My ex told her to
say those things.
O'DWYER: And now you're
telling her to say other things.
Objection. Sustained.
When Detective
McCormack got there,
my mother made me tell
him that I'd been raped.
But that wasn't the truth.
ELLIS: Then why did you continue
to say it, even months later, at trial?
I was six. I was
scared of my mother,
I did what she told me to do.
I've regretted it
every day of my life.
Thank you, Ms. Thompson.
You say your father
did not rape you.
Yet, in your original testimony,
you claimed otherwise.
Will you read this for the jury?
"Daddy hurt me.
"He tucked me in, and then he
tried to put his penis in my vagina.
"It hurt a lot.
"Then he put his
finger inside me."
Do you recall
saying those words?
Yes. I was forced to.
O'DWYER: In a recent
interview with SVU,
you said you burned
your hand that night
trying to cook hot dogs.
Yes. Um, my dad blamed my mom
for leaving us alone. He got angry.
Oh, do you remember that? I
remember hearing them fight.
O'DWYER: Do you remember
which hand was burned?
My right hand.
It hurt a lot.
O'DWYER: But when you went
to visit a doctor the next morning,
she examined the
bruises on your thighs,
yet made no note of a hand
injury. Did you forget to tell her?
I was there because my mom
made me say I'd been raped.
Is it possible that you
never burned your hand at all
but your father convinced
you that this happened?
I don't think so.
But it is possible that your mother
convinced you that you were raped,
even though you say
that never happened?
Or maybe it's just
easier to believe
that your father
didn't rape you.
ELLIS: Objection.
JUDGE: Sustained.
Did your father
hurt you that night?
I know he didn't.
You know he didn't? Or
you remember he didn't?
I don't remember
him doing anything.
Which isn't the same as
remembering that he didn't do anything.
Is this a story you've
been told to remember?
What?
I'm gonna ask you one
more time, Ms. Thompson,
and I'm gonna remind
you that you are under oath.
Did your father rape you?
Did your father rape you?
I don't know. I was six.
I can't...
Daddy, I'm so sorry.
Redirect, Your
Honor. I'll allow it.
Michelle, I know it took a lot for
you to come up here and testify today.
Just now, did you feel as if
Mr. O'Dwyer was bullying you?
Yes. Did that confuse you?
Did you give him the answer
that you thought he wanted to hear
so that he would stop?
Yes.
Similar to what happened
to you with your mother
when you were six?
That's right.
Did your father
ever do that to you
before you recanted?
No, not at all.
In fact, after your
father was taken away,
you tried to tell the
truth to your teacher,
to Detective McCormack
and to A.D.A. O'Dwyer.
Yes, but they wouldn't listen.
I'm listening, Michelle.
Did your father
rape you that night?
No. No, he didn't.
Thank you.
Michelle.
Are you all right?
What happened to me up there?
O'Dwyer kept going at you until
you said what he wanted you to say.
But Mr. Ellis was gonna make sure
that the jury saw that for what it was.
If you say so.
When I was up there,
I started wondering,
"Am I doing all this for
my father, or for me?"
You have no idea what it's
like having everyone think
that my father did that to me.
I used to say he was dead.
I just want that part
of my life to be over.
It is.
You made sure that the
truth was heard this time.
Right. The truth.
The truth is, I don't
really remember.
JUDGE: Ladies and gentlemen of
the jury, have you reached a verdict?
FOREWOMAN: We have, Your Honor.
On the charge of
rape in the first degree,
we find the defendant,
Derek Thompson,
not guilty. Yes!
JUDGE: The State of New
York thanks you for your service.
Derek Thompson,
if there are no holds,
you are free to go.
Thank you, Olivia.
We did the right thing.
Did we?
(THEME MUSIC PLAYING)