Law & Order: Special Victims Unit (1999–…): Season 3, Episode 22 - Competence - full transcript

The SVU receives a complaint from an elderly woman that her daughter Katie, who has Downs Syndrome, has been raped and is now pregnant. She is reluctant to provide the identity of the father and it is apparently questionable whether or not she even knew what she was doing. This brings up all manner of questions of competency, about who the father might be and whether or not she had consensual sex or was raped. Was it the bus driver? Her employer? Her boyfriend? The administrator at the care facility? Even further, is Katie fit to be a mother and raise a child?

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,


You Iooking for somebody?

Officer downstairs said
somebody in Special Victims
could help me.

Who's catching?
Yo. That'd be me.
I'II call you back.

Hi. I'm Detective Stabler.

Rebecca Tolliver.

Is there someplace
where we can speak privately?

Of course.
How can I help you today?

I need to report a rape.

Right through here.

I didn't know
how to handle this.

You did the right thing
coming here. Have you been
to see a doctor yet?

I wasn't attacked.
It's my daughter, Katie.

What happened to Katie?
I'm not exactly sure.

How do you know
she was raped?

She started throwing up.
I took her to the doctor.
She's pregnant.

Does Katie have a boyfriend?
No, never. No.

How old is she?


Ms. Tolliver, your daughter
is an adult. If she were
raped, she needs to report it.

Talk to her. She's waiting
in the hallway.

Hi, Katie.
I'm Detective Stabler.

How do you introduce yourself?

I'm Katie.

It's nice to meet you, Katie.

BENSON: So, Katie, your mom
says that she took you
to the doctor.

I don't feel good.

What happens
when you don't feel good?

I throw up.

How come you're throwing up?

'Cause the doctor says
I got a baby in me.

But there's no daddy.

Babies need a mommy
and a daddy.

Could I have a glass of water?

Is Katie's father
still in the picture?

He Ieft us
after Katie was born.

Can you think of anyone
who's shown any undue
interest in Katie recently?

No, but she's away
from me all day Iong.

I have to work,
so Katie goes
to a day program,

and she has a part-time job
three afternoons a week.

It would be easy for someone
to take advantage of her.

Ms. Tolliver, have you
discussed sex with Katie?

She has the mind of a child.
She'd never understand.

Could I hear
what they're saying?
Of course.

Katie, do you know
where babies come from?

It's... It's private.

It's okay. You can tell me.
We're both girls.

My mom will be mad.

No, she won't.
I talked to her.
She said that it was okay.

Babies come from sex.

Do you know
what sex is, Katie?

A mommy and daddy kiss
and hold hands.

Do you kiss and hold hands
with anybody?

It's okay. You can tell me.
It'II be our secret.

I'm gonna throw up.

Okay. Come on.
Come on, sweetie. Let's go.

I have to help her.

Ms. Tolliver,
Detective Stabler's gonna need

whatever information
you can give him
for his report.

After I check on Katie. I want
you to find the son of a bitch
that did this to us!

Did this to us?

Woman spent her Iife taking
care of a special needs child
who's now an adult.

Her nest will never be empty.

Look, I'm very sympathetic,

but we might have more to
work with had she taught
Katie about the facts of Iife.

And until Katie knows them,
she's not gonna be able
to tell us who raped her.

We educate her, she testifies,
jury thinks we coached her.

Maybe we should
call the shrink
to evaluate her.

I'II call Huang.

In the meantime, Iet's check
with Katie's doctor. See if
he gave her a pelvic exam.

Then I wanna nail down
her daily routine.

Ms. Tolliver, this is our
department psychiatrist,
Dr. George Huang.

How many people
do we have to talk to?

Ma'am, I'd just Iike
a few minutes
with your daughter

to explore her comprehension
of what happened to her.

Can't this wait till tomorrow?

Ma'am, the more the time
passes, the Iess chance
we have of catching...

I just can't put her through
any more now, Detective.

Come on, Katie,
we're going home.

She thinks
you just file a complaint,
we do the rest.

Just means we got to find
another way in.

What do we got so far?

Well, Katie's doctor
confirms the pregnancy.

Said she had sex repeatedly,

but there's no way to tell
whether it was forcible.

She goes to a day center
in Murray Hill
five days a week,

and she works at
a nearby grocery Tuesdays,
Thursdays and Fridays.

Fin and Munch will check out
the grocery store.

You two hit the day center.

Katie would have been
tested for placement
in the appropriate classes.

If you can get the results,
I'II have a better idea
of her abilities.

LUCAS: Katie's IQ
is around 55.

It's borderline between
mild and moderate
mental retardation.

Her mother
kept her home today.
How's she doing?

She's confused.
She doesn't understand
what's happening to her.

Yeah, she'd understand more
if her mother Iet her
out of the cocoon.

Parent's first instinct
is to protect their children.

Rebecca Tolliver
is overprotective.

Doesn't think
Katie can function
in the world without her.

And you disagree.
Yes, I do.

And what does Katie do
when she's here?

Art and music therapy,
Iife skills training.

We also teach
independent Iiving,
dating and sex education,

but Katie's mother
won't Iet her
take any of those.

How carefully do you screen
your employees?

Background checks, references.
We've never had a problem.

Katie have any friends
we can talk to?

Her best friend
is Danny Jordan. He's
one of our success stories.

STABLER: Any chance
they're more than friends?

We supervise our clients
very closely.

Nobody here has ever reported
Danny touching Katie.

And he's taken
our dating class and sex ed.

I know what sex is.

Did you ever tell Katie?


How come?

She has to Iearn about it
in school first. That's...

That's what our teacher said.

You and Katie ever have sex?


She ever tell you
if someone was bothering her?

I promised I wouldn't say.

Danny, you know
I'm a police officer?

And I'm here because
we think someone's
been bothering Katie.

Now, if you know who it is,
you got to tell me
so that I can help her.

It's okay, Danny.

Ray, the bus driver.

Your bus driver?

I take the real bus.
Katie, she takes
the Iittle bus.

Van brings Katie here,
to work and then home.

And what did Katie say
about this bus driver?

He's mean to her.

What'd he do to her?

He took things from her.

What else did he do to Katie?

He touched her.

Katie comes in one day,
she's crying. Says her
bus driver pushed her.

I went outside and told
the bastard I'd get him fired
if I heard it happened again.

Anyone in the store
give Katie a hard time?

Last month. I fired
the frozen foods manager
for calling her an imbecile.

That happen a Iot?

Except for the occasional
ignorant customer,
almost never.

I'm on the board at the day
center. I don't tolerate
that kind of abuse.

What does she do around here?
Stocks shelves,
bags groceries, sweeps up.

Day center sends me
a couple of people every year.

Must be cheap Iabor.

They make union wages,
Detective, and Iearn how
to Iive in the real world.

I get employees
who don't complain,
don't Ieave

and work harder
than some people
who aren't disabled.

Besides the bus driver,
Katie ever mention
anybody outside the store

that gave her trouble?

No. I figured the only reason
she told me about it was
because it had just happened.

She was really upset.

We can't arrest the bus driver
until Katie tells us
what he did.

EIIiot's got the mother
on the phone now to see
if we can talk to Katie.

What have we got on this guy?

Ray Dunstan, he's 52.
He's got no rap sheet.

But the nursing home where
he worked out in GIen Cove
fired him Iast year

for allegedly stealing
from the residents.

Why wasn't he arrested?

Dunstan claims
that the old folks
gave him gifts.

He picks the ones
with dementia.
Cops couldn't prove otherwise.

We're all set for tomorrow.

BENSON: What did you have
to promise her?
A trip to the zoo.



Hi, Katie.

Hi, OIivia. Hey, EIIiot.
Hey, Katie.

Katie, this is AIex.
The three of us are gonna
talk together, okay?

I'II be right over there.

BENSON: Katie, we just want
to ask you a few questions.

This is Katie's
favorite place.
She Ioves the animals.

So do my twins.

How old are they?
Eight. I have
a boy and a girl.

When I found out I was
pregnant, I dreamed of
graduation, a wedding,

someone to take care of me
when I got old,
even grandchildren.

I'm 67.

I just can't handle

taking care of two completely
dependent children.


Well, the director at Katie's
day center says that
she has a Iot of potential.

Scott Lucas thinks
you can teach
anybody anything.

I Iet Katie out in the world.
Look what happened.

So, Katie, what do you say
when you don't want
to do something?

I say "no"'

And can you say "no"
to your mama?

I'm not allowed.

What about to your teachers?


Can you say it
to your bus driver, Katie?

I don't want
to talk about him.

Why not?

Something will happen to Mama.

I promise you nothing bad
is gonna happen to Mama

if you tell us
what the bus driver did.

He took my necklace.

What did it Iook Iike?

A heart with a picture
of Mama inside.

Did you tell Mama?

I told her I Iost it.

How come?

Ray said he'II hurt us
if I tell.

Katie, has Ray hurt you?

He pinches me.







BENSON: It's okay, Katie.
We can stop.

KATIE: Mama!

What happened?

I don't want to talk anymore.

You promised not to upset her.

She was very helpful.
Good. We are gonna
go home now.

How'd she do?

We didn't get enough to prove
the bus driver raped her,

but we did get plenty
to get a search warrant
for his apartment.

What a dump.

When I was a kid, I wanted
to be a bus driver
just Iike Ralph Kramden.

Even The Honeymooners
Iived better than this.

You don't Iive
much better than this now.

Find this garbage
furniture in the street?

Whoa! Look what I found.

He didn't even try to hide it.
When these perps gonna
get some imagination?

Come on, come on, come on,
come on. Let's go. Let's go.
I'm Iate for Oprah,

Ray Dunstan?

Police. Turn around.
Put your hands on the bus.

What'd I do?
This is brutality!

Ray, when a cop tells you
to do something,
you should just do it.

We're going for
a Iittle ride. Let's go.

Bus company's gonna fire me
for Ieaving that van
on the street.

They're gonna fire you anyway
for robbing their passengers.

Which one of the retards
told you that?

You don't want to use
that word around me again,
okay? Are we connecting?

I didn't steal nothing
from nobody.

Then what was
Katie Tolliver's necklace
doing in your apartment?

It was a gift.

Like the gifts you got
from the patients
at the nursing home?

That's right.

Yeah. You're just such
a nice guy, everybody
wants to give you gifts.

Katie says you stole it.

Hey, my word
against a moron's.

It slipped out.

Hey! You can't do that.

It just slipped out.

Jury's not gonna have
a whole Iot of sympathy
for a perv

who takes advantage
of mentally challenged women.

Who you calling a perv?

Katie says that you
touched her breast.

Maybe helping her in and out
of the van, but I never
went near any of them.

Well, then how'd you
get her pregnant?


You think rape is funny?

She's got one in the oven,
it sure as hell ain't mine.

We'II find out
as soon as we compare
your DNA to the baby's.

You don't need to. After I
knocked up my ex-wife twice,
I got a vasectomy.

I'm shooting blanks.

Dunstan released
his medical records.
Guy may be a dirtbag,

but he's telling the truth.
Operation was two years ago.

We're booking him
for petty Iarceny.

We'II up it to robbery three
if we can prove force.

Which Ieaves us
no closer to finding
Katie's rapist. Anything?

State Office of Mental
Retardation investigated
Katie's day center Iast year.

BENSON: What for?

Anonymous phone complaint.
Caller said something
bad was going down.

Super sleuths
couldn't get anybody to talk,
and it went nowhere.

The day the investigation
started, an instructor
named Joe Parker quit.

MUNCH: Coincidence?
Go find out.

PARKER: I Ieft because
I got a better job.

And you just happened to pick
a day the State starts
an investigation?

I had to start here
right away.

That's why you gave
five minutes notice
you were Ieaving?

Look, I have nothing
but great things to say
about the day center.

I have to get back
to my students.

Why'd you call the state, Joe?

It wasn't me.
Yeah, it was.
Remember, anonymous tip?

Yeah, it's the truth,

Someone's abusing clients
in the Manhattan
Adult Day Center,

FIN: Sounds Iike you, Joe.

I made the call, okay?
That's all I'm saying.

If you're covering
anything up...

They're the ones covering up.
I quit because of Scott Lucas.

The center director?
What'd he do?

He got
one of the clients pregnant.

If you're innocent,
why the hell
didn't you tell us?

I know how this Iooks.
Really bad. Start talking.

It's all true,
except for my involvement.

Last year, one of our
17-year-old clients
turned up pregnant.

She was so scared,
she blamed it on me.

Did you do it?
Of course not.

One of our male clients
admitted that he was
the father.

I asked for a DNA study
to confirm it.
The baby was his.

Nobody went to the police.

I thought we could
handle it internally.

We started the dating classes
so this wouldn't happen again.

Well, history has a way
of repeating itself,
doesn't it?

It's because Katie
and others Iike her
have the minds of children,

but they Iive in adult bodies,
complete with hormones.

This could easily happen again

unless Katie's mother
stops sheltering her
from reality.



He's not wrong
about Katie's mother.

If I were in her shoes,
I don't know
I'd react any differently.

You'd want to find your
child's rapist. She's got
to Iet Huang talk to Katie.

I'm gonna take
another shot at her.

Absolutely not.

You said you wanted
to find out who did this.

Without having to put Katie
through this again.
She's too fragile.

Ms. Tolliver, with all
due respect, who are you
trying to protect here?

If you're saying
that this is about my guilt...

I am not saying
it's your fault
that Katie was raped.

Everything bad
that's happened to Katie
and to me, it's my fault.

Because 22 years ago
I chose to have a child
with Down syndrome

rather than to have
an abortion, and it
destroyed my marriage.

She's my whole Iife,
and I have to protect her.

Then make sure
this doesn't happen
to her again.

Let us talk to her
at the day center.

We'II make it so she's
comfortable, she's familiar
with the surroundings.

Our Assistant
District Attorney will
be there to talk to her,

so Katie doesn't have to
keep repeating herself
over and over.


Katie, what do you call this?

And what do you call this?

How about this?


Very good, Katie.
You know all your body parts.

Thank you.

Now I want to talk
about your friends.
Who's your best friend?


And what do you and Danny
do together?

Talk. We eat Iunch.

What else do you do?

It's private.

HUANG: Do you and Danny
touch each other?


AIex, could you stand up,
please? Thanks.

Katie, could you just point
to where you and Danny touch?

Like this.

Anywhere else?

We kiss.

Does Danny touch you
in your private parts?


I got my baby from Danny.


Kissing, stupid. Your friend
doesn't know anything.

Danny's the father?

Katie says he's her boyfriend.
It's possible.

But she still
has no comprehension
of how she got pregnant.

How could you Iet this happen?

We both know how closely
Katie is supervised.
It didn't happen here.

But they're not together
anyplace else.

Aren't you going
to have him arrested?

Katie's uncorroborated
statement isn't enough
because of her disability.

And we can't do
a paternity test
until the baby's born.

We're terminating
the pregnancy.

We have an appointment.

Does Katie know?
I was going
to tell her tonight.

Tell her? Where's her say
in this decision?

Her baby has a 50-50 chance
of having Down syndrome.

Who's going to take care
of them when I'm gone?

Katie is, with all the support
we can provide her.

No. I am not having Katie
going through what I have.

She can't keep this baby.

Why what, sweetie?

Why can't I have my baby?


I can't take care
of both of you.

Why can't I be a mommy?

We're not gonna
have this conversation now.

Here. Here's the address.

You meet us there,
and you'II get
your DNA sample.

I want my baby.

Mommy, please
don't take away my baby.

We'II be ready for Katie
in a few minutes.

Is it gonna hurt?
No, Katie, it won't hurt.

You'II be asleep, honey.

Mom says I snore.

Thank you.

Detective Benson.

This is a subpoena for
the tissue sample from
the products of conception.

We'II bring it to you
after the procedure.
Thank you.


KATIE: Hi, Scott.

What the hell
are you doing here?

Mr. Lucas has obtained
an injunction
to stop the abortion

pending the outcome
of a hearing.

What kind of hearing?

Guardianship of your daughter.

Katie has the right to decide
whether or not
to keep her baby.

She is not capable
of making that decision.

If the court finds Katie
competent to care
for her child,

her rapist's defense Iawyer
is going to argue
that she was competent enough

to consent to sex.

She doesn't even know
where that baby came from.

It doesn't matter.
Once she's found competent,

all the defense
is going to focus on
is that she never said "no"'

So the case is Iost
before we've
collared the rapist?

If it's a rape. Are we sure
it's not the boyfriend?

Munch and Fin talked to him,
but no matter what he says,

we can't check
the story without DNA.

How many weeks
is Katie into her pregnancy?


Too early for amniocentesis.

But not for a CVS test.
In English, please.

Chorionic villus sampling.

We take some tissue
from the placenta Iining
to get the baby's DNA.

We did one for another case
about a year ago.

How are we gonna get
Katie's mother to go for it?

Tell her she can find out
whether her grandchild
has Down syndrome.

You wanna ask Rebecca,
or should I?

Whoever she's Iess pissed at.
What's wrong?

Your captain said
that you were on the way over.

Is Katie okay?

She's supposed
to be at school,
and she never got there.

Where's Danny?
Day center said
he's a no-show.

Called in sick this morning.

How much we know about him?

He shares
an independent Iiving
apartment in the East Village.

Parents Iive up in Riverdale.

OIivia's on the phone
with them right now.

What did we get
from Katie's mother?

Anger, blame, but nothing
that's gonna help us.

You know, Danny's been
on his own for a while.

He may be thinking
for the both of them.

If Danny thinks
he's the baby's father,

makes sense they'd run
to prevent an abortion.

Even if he's not the father,
makes sense he'd help her.

Two innocents alone in
the big city. They're gonna
need shelter, money for food.

Danny's parents
haven't heard from him.

But they had an apartment
at 73rd and Amsterdam,
where Danny grew up.

They're on the run,
first place they're gonna
go is somewhere familiar.

Well, the parents said that
Danny Iives with a roommate
named Andy McCollum.

We'II just pay Andy a visit.

Danny didn't tell me
where he went. We don't
answer to each other.

Did he stay here Iast night?


When's the Iast time
you saw him?

Help us out here. We think
he ran away with a girl.

It's a free country.

She's got Down syndrome.
We need to know where she is.

So her mother
can abort her baby?
Danny told me all about it.

Come on,
Andy with the attitude.

We're just trying to make sure
both of them are safe.

They were here this morning.
Danny took some clothes
and they Ieft.

He say where
they were going?

No, just asked to
borrow some money.

MUNCH: Did you give him any?

I didn't have any cash,
so I gave him my ATM card.

You make that a habit?
He could clean you out.

He won't.
If you can't trust Danny,
you can't trust anyone.

So Danny came back
to the old neighborhood.

Home is where the heart is.

He used his roommate's
ATM card right here this
morning, took out 200 bucks.

You can barely eat dinner
around here for $200.

Well, a couple Iike that's
got to stand out.

If they spent the money
around here, somebody's
gonna remember them.

Where do we start?

Danny Iived
two blocks from here.

You guys take Broadway.
We'II take Amsterdam.

AII right.

MAN: Yeah. They were here.

Sweet. Came up to the counter
holding hands.

This morning.

What'd they want?
The girl said
she'd been throwing up.

You give her anything?

Nothing over the counter
because she said
she's pregnant.

I told them to hit a
grocery store. Ginger ale's
as good as anything.

Yeah. Yeah, they came in
just before the Iunch rush.
They must have a newborn.

What makes you say that?

They just about cleaned me out
of disposable diapers,
infant size.

AIso, they bought some
ginger ale. Her husband
said she was puking.

When they Ieft,
did you happen to notice
which direction they headed?

I can do better than that.
Girl said she needed a job,

said she had experience
working in a supermarket.

I could tell she was slow,
but stocking shelves
ain't rocket science.

Yeah. The husband filled out
the application.

Smells awful good in here,

What are you cooking?


Soup. Your mom teach you
how to cook?

Mom says I can't,
but Danny taught me.

KATIE: You want some
chocolate milk?
Yeah. Sure. Thanks.


Danny's home.

What do you want?

We need to talk
to you and Katie.
You can't take our baby.

That's not why we're here.

Katie, your mom wants
you to come home.

DANNY: This is our new home.
This is my bed.

And this is Danny's.

We're getting married.

First, we're all gonna go
for a ride down to our office.



Oh, I was so worried
about you.

I'm okay, Mama.

She's okay.

What did you do to her?

I didn't hurt Katie.
I Iove her and she Ioves me.

He kidnapped and raped her.

Katie went willingly.

I didn't have sex with Katie.
Today, I told Katie what the
teacher said about sex,

and she didn't believe me.

What did Katie say
when you told her
what sex was?

She said, "That's not sex.
That's exercise"'

So, Katie, tell me
how you exercise.

You pull your pants down,
and you sit on someone's Iap.

And who taught you that?

It's a secret.

It's all right, honey.
You can tell me and OIivia.

Then he won't give me anymore
ice cream or candy.

Who won't?

this is really important.
PIease tell Mama.

Mr. Cheney.

Your boss
at the grocery store?

And do you exercise
with Mr. Cheney?

Every day at work.

And does Mr. Cheney
pull his pants down, too?

It hurt.

Mr. Cheney said
it would stop hurting
when I could do it better.

I try to help Katie,
and this is the thanks I get?

Yeah, she told us all about
your exercise classes,
doing push-ups on your Iap.

The only exercise Katie and I
ever did was task repetition.

That's how you train
disabled people to function
in a work environment.

Dropping your pants
is part of the curriculum?

People Iike Katie
can't distinguish
reality from fantasy.

I don't' know where
she's getting this from.

She got it from you, Abe.
Same place she got her baby.

Yeah. She's carrying
your Iove child.

That's ridiculous.

Good, then we can
clear this right up.

Just tell me how.

You supply us
with a DNA sample,
we compare it to the baby's,

and this is all over
with our sincerest apology.

Apologize to my attorney.

Cheney cave?

The second we said the word
"pregnancy" he Iawyered up.

Katie's mother is taking her
for the chorionic villus test.

When you get the tissue
sample, call me. I'II get
a warrant for Cheney's DNA.

MAN: AIexandra Cabot?

For you.

I'm being served.
For what?

I just deliver them.

AIex, Huang just called.
He got served with a subpoena
and wanted to warn you.

You're about 10 seconds
too Iate.

What's it say?

Scott Lucas's attorney
is calling on Huang and I
to testify

that Katie is competent
to keep her baby.

Why you and not us?

Lucas knows I was
in the room with Huang
when he evaluated Katie.

He wants the judge to hear
from an attorney and a shrink
that Katie is competent.

It's no problem.

This clearly compromises
the integrity of an ongoing
criminal investigation.

I'II make the subpoena
go away.

I'm not sure
that's a good idea.

It is if you want to take
Katie Tolliver's rapist
to trial.

Katie's mother wants her
to abort the baby.

Maybe that is something
Katie should decide
for herself.

You want to be a crusader
for victims' rights,
go work for Social Services.

Your job is to
prosecute crime.

Katie has already
been victimized once.

My testimony can prevent her
from being victimized
a second time.

You represent the People
of the State of New York,
not Katie Tolliver.

Whether Katie gets to keep
her baby is between her
and her mother.

I do have a duty
to the victim.
To convict her rapist.

She's found competent,
you're going to Iose.

Cheney's Iawyer will get her
to say she knew what she
was doing, that she Iiked it.

He'II destroy her
on the stand.
Don't Iet this happen.

You're jeopardizing
the rape case.

Oh, no, you are.
You and Scott Lucas.
You should be talking to him.

Lucas will drop his challenge
to your guardianship

if you agree not to terminate
Katie's pregnancy.

I can't do that.
Katie needs this abortion
and to have her tubes tied

so that this
doesn't happen again.

What about what Katie wants?

I know that you think
I'm cruel, Miss Cabot,
but I Iove my daughter.

Maybe I should have Iet Katie
take sex education,

but I knew
she couldn't understand.

Why do you need Katie
to be so dependent?

I have sacrificed everything
to be a good mother.

Including Katie's right
to Iead her own Iife.

Our detectives found Katie
Tolliver and her boyfriend
Danny Jordan in a hotel.

They were preparing
for Katie's baby.

CALDWELL: Do you know how
they were handling it?

CABOT: From the detectives'
report, it appears the room
was immaculate.

Katie had purchased diapers.
She was cooking dinner.

They offered the detectives
chocolate milk.

And Katie had also applied
for a job. Is that correct?

Yes. At a nearby delicatessen.

She and Danny filled out
the application together.

Now, Miss Cabot,
you could have
declined to testify

because of your
open rape case.

Why didn't you?

Our evidence indicates that
Katie has the coping skills
not only to Iive on her own

and to care for a child,
but to make the decision

whether or not
to have that child.

Thank you, Counselor.

Respondent's exhibit four,

Recognize it?

It's a DD5
written by Detective Benson.

Yes, about Katie's interview
at Central Park Zoo
at which you were present.

PIease read
the highlighted passage.

"The victim
could not articulate
what happened to her

"and expressed
unconditional compliance
to authority figures"'

Now, Miss Cabot,
do you truly believe
that someone

who cannot accurately
describe being attacked
can take care of a child?


Many high-functioning women
cannot describe
the details of a rape.

You're taking it
completely out of context.

How many children do you have,
Miss Cabot?


And have you ever taken care
of a child with special needs
Iike Katie?

No, I haven't.

Do you think buying diapers
six months before the birth

demonstrates good judgment?


Did you know that Katie
once set fire
to her mother's apartment

by trying to use the stove?

I set fire to my own stove
Iast year, Counselor.

But, no, I didn't know that.

And yet you sit here today
saying you know more
about what Katie's capable of

than her own mother.

Your Honor...
No further questions.

Despite her IQ,
Katie's what we call

She has the ability
to process new information

and to integrate it
into her daily Iife.

In your expert opinion,
Doctor, would Katie
have been as vulnerable

if her mother had
taught her about sex?

Any woman can be sexually
assaulted, but, yes, Katie
was more vulnerable to rape

because she didn't know
what was happening to her.

Is sex education offered
at Katie's day program?

Yes, it is,
but she never took it.

CALDWELL: Tell us why,
if you know.

It's my understanding
that her mother
refused to give consent.

Doctor, could Katie
care for a child?

With the proper education,
social service support
and case management,


Thank you.

Doctor, what is your overall
conclusion regarding
Katie's competence

to consent to sex?

Katie didn't know what sex was
and therefore was incapable
of consenting.

So she is not capable
of making decisions
that affect her Iife.

That's not what I said.

She is capable
of making decisions
and choices

based on
the proper information.

How much time
did you spend with Katie?
About two-and-a-half hours.

Did you observe her
at her home?
No, at her day center.

So, Doctor Huang,
your in-depth assessment
is based solely

on having talked to her
in a vacuum.

CALDWELL: Objection.
No further questions.

Katie, do you Iove your mama?

Yes, she's gonna
be the grandma.

Does she Iet you
do the Iaundry?

No, she says
I mess up the clothes.

She doesn't Iet you use
the stove, either, does she?

There was a fire.
Mama says it's dangerous.

But Danny taught me.

I made soup.

Danny wants you to have
the baby, too, doesn't he?

We got diapers and bottles.

He's gonna show me
how to give baby the bath.

I can do this, Mama.
I can do Iots of things.

Katie, how do you change
a baby's diaper?

I didn't Iearn that yet.

Do you know
how to feed a baby?

No, but I can.

What do you do
when a baby has a fever?

I don't know.

You don't really know
how to be a mommy, do you?

I can Iearn.
Danny will help me.

But you can't do it
by yourself, can you?

Stop! Stop this.

Katie's mother is giving up
her guardianship.

Now that Katie is competent,
our rape case against Abe
Cheney is out the window.

My boss is gonna have my ass.

Your boss is wrong.
DNA is back.
Cheney's the father.

Convicting him of rape
is another story.

Cheney's attorney
is going to use
my testimony to argue

that Katie not only
understood what sex was
but consented.

Katie was in his office
three days a week for their
personal training sessions.

Somebody must have
seen her go in there.

Or maybe she told someone
about it at work.
We just need to talk to Katie.

Do you really think her mother
is gonna Iet you
anywhere near her?

Well, maybe if we tell her
we've got good news
for a change.

Your grandchild does not have
Down syndrome.

Oh, thank God.

But you didn't need
to meet us here
just to tell us that.

We might Iose the rape case
against Cheney unless
we can talk to Katie.

Katie, EIIiot and OIivia
want to ask you
some questions.


Is that all right?

Hey, Katie!
Hey, OIivia!

How you doing?

Good. Katie, I know
that it was a secret,

but did you tell anybody
about exercising
with Mr. Cheney?

No, he'd get mad at me.

Did he ever
get mad at you before?

Once. While you were

No, when I saw Mr. Cheney
exercising with Maryanne.

He yelled at me.

Exercising with Maryanne?
Does she work
at the store, too?

Yes. She Iets me
play with Julie.

Who's Julie?
Her baby girl.

What's she doing here?

You do have a right
to confront your accuser.

Katie, I am...
Not a word, Abe.

The DNA results came back.

Congratulations, Mr. Cheney.
You're having a boy.

We'II take sexual misconduct.

No way your client walks
on a misdemeanor.

Come on, Counselor,

you don't want to
embarrass Katie in court
a second time, do you?

She never said "no,"
she enjoyed it,
she kept coming back for more.

Here's what I'm offering.
One count of rape two for
Katie. He does 10 years.

We'II take
our chances in court.
I thought you might say that.

Now what are you up to?

Recognize any of these?

CABOT: These are children
you fathered with women
who worked in your markets,

three of whom were underage
at the time.

We went through
your financials, Mr. Cheney.

You've been paying off
the mothers for their silence.

And now you're
gonna pay a Iot more.

Petition for child support?

Five more on the way
from the other mothers.

That's six kids. Each receives
17% of your chain
of grocery stores,

your personal fortune,
everything you own.

Your money is going to take
care of Katie and her child
for the rest of their Iives.