Law & Order: Special Victims Unit (1999–…): Season 4, Episode 22 - Futility - full transcript

After arresting a man accused of raping several neighborhood women, Detectives Benson and Stabler attempt to obtain an indictment for their suspect with the help of a key eyewitness--his ...

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.

Okay, all right, guys,

we're playing
Texas Hold-'Em.

This game's
all about balls--

who's got them,
and who's a skirt.

What if I don't
want balls?

Wives are allowed.

All right, Michael, in or out?

Uh... $20.

Are those balls
or what?


All right, you guys suck.

(door buzzer)

That's the food, hon.

Raise ten.

I got nothing. Fold.

(laughter and groaning)

Hey, hey, hoo.


(intermittent speech
on intercom)

I didn't hear you. Who's there?

(intermittent speech)

Hon, I'm going down.

Something's wrong
with the intercom.

Don't forget
to tip him.


(laughter and conversation)


Let me see your hands.
What did I do?

Turn around.
Hands on the wall.

Up against
the wall now.

Michael Gardner,
you're under arrest.

I didn't do anything.
Hands above your head.

Look, you got
the wrong guy,
whatever it is.

It's rape, Mr. Gardner.



You okay?

You just made
a big mistake.

Mike, my God,
what are you doing

to him?!
Get back. This is police.

He's my husband.

Call Erin Russ.

She's a lawyer
in my book.

Why are you
arresting him?

Your husband raped four women.

Your dinner's here.

It's on the NYPD.

I'm so sorry for hitting you.

I, I lost my temper.

I, I take full responsibility.

How did my client

get hurt
between his home and here?

I don't know. How?

He fell.

The only injuries I see

are your client's torn knuckles

from punching Detective Benson
in the face,

so, unless you want to add
assault of a police officer

to the tab,
I say we move on.

I did not rape anyone.

You have the wrong person.

Well, we got a print
at the scene

matching one
from your assault bust.

Yeah, from a college bar fight
ten years ago.

All you've got

is one print on an
exterior metal railing

of an apartment building

two blocks
from where Mr. Gardner lives.

I walk my dog
all over that neighborhood.

You'll find my prints
in front of 20 buildings.

One print at one scene
doesn't add up to four rapes.

Your detectives
are getting lazy.


Mr. Gardner did us the favor

of leaving his calling card
at the scene.

You choke them
till they pass out,

then you rape them,

then you cut
their breasts.

It's called a
pattern, Mikey.

A vague pattern

that 100 guys at Attica
have used.

You've got no DNA,
no prints at any other scene.

We have your client's
description from one

of his victims.

She pretended

to be unconscious
even after you cut her.

We're giving you a chance
to cooperate, Mr. Gardner.

You'd go a long way

towards helping yourself
if you would tell us

everything that you know
about the attacks.

There were no attacks.

We're done.

If they had a victim,

you'd already be in a line-up.

She's right.

That's your next stop.

Carrie, if you're ready,

I'd like to take you
into the line-up now.

Oh, uh...

I don't think
that I can do it.

You can't see him again,
or you can't identify him?

No, no, I didn't...

I didn't get
a good look at him,

and, and I...

What if I don't pick
the right person?

Don't worry
about that.

Your only

is to say what you
think is true.

Okay, but... if I pick
the wrong person, and...

then he gets away,
and I...

You told me
at the rape crisis center

that I don't have to do anything
that I don't want to do.

That's right.
You don't.

Okay, h-hold on.

Why don't we, why don't we
back up for a second.

Let's forget about the line-up
right now, all right?

I just want to see
how good your memory is.


I can't.

I can't...

I can't go
through that again.

I haven't even
told my fiancé.


I just want to talk
about what you saw, okay?

You know what?

Why don't we sit down
for a second,

all right?

Let's sit down.

Come on.

You said that you passed out

when somebody
choked you from behind.

What's the first thing
that you remember

when you woke up?

I was on the ground,

I was on my back...

and he was on top of me.

Did he say

What color was his hair?



Kind of wavy.

And did you see
the color of his eyes?

Dark, um...

brown, I guess.

Uh-huh. Okay, what else?

Can you remember anything else
about his face, anything at all?

He had dark eyebrows.

He was clean-shaven.

He had a, uh...

uh, a scar over
his right eye.

I think that I saw his car.

he got into a white truck.

Carrie, you remember.

You know what he looks like.

Now, all I need you to do
is point him out.

Can Bethany come with me?


I'm going to talk to Bethany

for a second.

Can I get you

All right.

Listen, Bethany,

this case lives or dies
by her ID.

So, no helping, just
emotional support?

I'm a rape crisis
counselor, Detective.

I've done this before.

Yeah, I know,

I just really want
to get this guy.

She'll do it.

She's stronger
than she thinks.

What if it's not him--

it means he's
still out there?

Don't think about it.
Just do it.

You want me
to leave the room

so you can tell
her who to pick?

Oh, give it a rest.

Carrie, take your time.

do you recognize anyone?

And what number
is he holding?


And where do you
recognize him from?

He's the man who raped me.

Okay, we're done.

That's it.

I thought you had four victims.

I only need one ID.

Not if it's wrong.

My client lives
in that woman's neighborhood.

She could have seen him anywhere
and gotten confused.

It was a clean pick.

And victims' memories
are always accurate?

They are when they're right.

You've got
three others.

Why not bring them in
for the line-up, too?

Because you know
they can't ID him.

Jury's going to hear that.

The suspect is being booked
right now.

Thank God.

Okay, he will
be arraigned,

and then the case goes
before the grand jury.

Now, you'll all
need to testify.

Will he be there?

No, but if the
grand jury indicts,

then we move
to the trial phase.

You'll all have
to testify again,

and in that case,
he will be in the courtroom.

Will he stay in jail
the whole time?

Well, that depends on

if the judge
decides to set bail,

and if he can
afford it.

Why does he even get bail?

He raped us.

The law only allows
remand in murder cases.

He knows where I live.

Upper West Side.

So do I.

What's his address?

I'm not allowed
to give that to you.

But he could have followed me.

Even if he did, it's not in his
best interest to seek you out.

It wasn't
in his best interest

to rape us either,
but that didn't stop him.

The Assistant
District Attorney

can ask the judge
for an order of protection.

That means that
if he harasses any one of you,

he will face additional charges.

However, if we tell him

to stay away
from you,

then I'll have to
give him your home

and your work

Even though
you can't give us his?

He has to know
where he's not
allowed to go.

I want an order of protection.

Yeah, okay, okay.

Mr. Wonderful's a free man

as of two hours ago.

Made bail courtesy of the wife.

On the positive side,

the judge granted
orders of protection

for every victim.

Well, on the negative side,
I checked with the DMV.

Gardner never registered
a car here.

Neither has his wife,

and nobody's seen him
driving a white truck.

Well, now that we've got
Carrie's positive ID,

I want to take a closer look
at the other three attacks.

There's no apparent connection
between the victims.

These two lived
on the Upper West,

she lived in Midtown,

Garner does like
working outdoors.

He caught two of them
coming home from work--

one getting off the "N" train,
the other getting out of a cab.

These are pretty public places
to do that kind of damage

and not be seen
by a single person.

Maybe he did a little recon
before the attacks.

Sits on a place,
makes sure

that there's not
a lot of traffic.

All right, Carrie,
I want you to calm down.

I want you to stay there.

Do not say anything.
Do not approach him.

Do you understand me?

We'll be right there.

That was Carrie Huitt.

Gardner just followed her
into a coffee shop.

Hey, excuse me.

Where is he?
He left.

I'll see if he's
still around.

Did he say anything?

Um... um...

He smiled.

Um, he said hello, and...

I-I don't even know
how he knew that I was here.

I just walked in here,
and he's standing there in line.

Wait a minute.

He followed you in here,
or he was here already?

He was here.

How did he know?

It's not enough.

Hold on, Alex.

You think this is
a coincidence?

Probably not,

but a judge won't
call it a violation.

Sheentered the establishment,
so in essence, she followed him.

Gardner's got
to know

where Carrie lives.

He attacked her in front
of her own building.

If he's stalking her,

he's got to know
where she gets her coffee.

His lawyer will argue

that they live
in the same neighborhood.

It's not implausible they would
frequent the same places.

Orders of protection

are real helpful

when you can't
enforce them.

Look, he didn't try anything,

and there is the chance
it was a coincidence.

I doubt it.

Gardner's meticulous.

Everything he does
is carefully planned.

He strikes me as a power
reassurance rapist.

Perfect job,
good looks, access

to sex with his
wife, but he rapes

because he's insecure
about his manhood.

Cutting the breast
of his victim is
like marking her.

In a sense, he
owns her for the
rest of her life.

So, he slugs Olivia

because she took
that power away.

Right, and now
he wants it back,

and the way to get it is
to instill fear in his victims.

By intimidating them
into not testifying.

That, and he gets off on it.

I don't suppose
we can put the witnesses

in protective custody?

There's no money.

City's laying off cops,
as it is.

We don't have the manpower
to sit on them all day either.

All we can do is warn
the victims

and hope Gardner
is feeling manly enough

to stay away from them.

We can't be sure
Gardner will do anything.

This is more of a precaution
than trying to scare you.

Yeah, like terror alerts.



Stay inside,

I'm hungry now.

I know, honey.
You know what?

We're going to have dinner
in just a second.

Why don't you go back inside?

I'll be right there.

Is there anyplace
that you can go?

A friend or a relative

that you could stay with
until the trial?

What am I
supposed to do?

Pull him
out of school?

Look, I don't have any family,

and my friends can't
put up me and a little boy.

Maybe I should just quit my job

and lock myself
in my house all day.

I know
that this is difficult.

You know nothing.

Can't blame her
for being angry.

Our job is
to protect her.

We can't even
do that.

Son of a bitch.

Police, Gardner.
Get up.

What's wrong?

Let's see
your hands.
What's wrong?

Up against the car.

You are under arrest.

Why are you harassing me?
I didn't do anything.

Violating an order of
protection, you moron.

You just bought yourself
a cell in Rikers.

Let's go.

(puppy yelping)

Docket ending 6221,
People versus Michael Gardner.

Intimidating a victim
in the third degree,

menacing in the second degree,

in the fourth degree.

Your lawyer

running late, Mr. Gardner?

I fired my
Your Honor.

I'm representing myself.

Oh... that's wonderful.


Your Honor, Mr. Gardner
is currently

under indictment
for multiple rapes.

This is simply another way
for him to torture his victims.

I have the right
to defend myself.

Only if you

the implications
of your decision.

You'll be held
to the same standards

as any attorney.

I understand.

I'll grant your
pro se request

for these proceedings.

Now, as far
as the rape indictments goes,

you'll have to take it up
with the trial judge.

All right,
step back.

Now as to
the charges
on the table,

how does the
defendant plead?

Not guilty.

Let's hear arguments.

The defendant is

under orders of protection

against four women
he's accused of raping.

He violated these orders

by approaching one victim
in a coffee shop
and hiding out

in front of another
victim's home.

I wasn't hiding.
I was walking my dog.

One coincidence
I can buy.

Two are stalking.

I don't know
what she's talking about.

I was buying coffee.

If someone saw me in that shop,
I didn't see them.

What contact did
the defendant have

with the
second woman?

None. The detectives
arrested him

in order to prevent that.

So, how did I violate any order?

Unless the People have something
else to give me, you didn't.

Your Honor, this is
the defendant's MO.

He delights in continually
victimizing women

he's already raped.

Then next time,
bring me evidence

that supports
your theory.

I'm dismissing all complaints
as facially insufficient.

Next case.

(bangs gavel)

Gardner's repping himself

at his rape
trial, too?


Judge Preston
granted his request.

She appointed Russ as
his stand-by counsel.

How can Preston
allow that?

There's not much
she can do to prevent it.

Normally, I would
consider this a win, but...

But Gardner just
handed you your ass

in arraignment?

Yeah, I was hoping
the judge would see

that this was in no way
a coincidence.

Gardner didn't

Karen Leighton near her home.

He got her address
from the order of protection.

I mean, we try to protect them,

and then, we end up
giving the guy a map

to find his victims.

I mean, next time
we should just drive him there.

Judge granted
the bastard bail.

Orders of protection were
the best we could do.

We get anything useful
from Gardner's associates?

I spoke to his wife,

his business partner,

Same story-- great guy,
never a harsh word,

couldn't have done it.

So who gets to
tell the victims

their rapist gets
another crack at them in court?

I will do it.

Alexandra Cabot?

Yeah, that's me.

Your office said
I'd find you here.

Now what?

Gardner's hitting
the ground running.

Motion to sever the charges.

In three of the four cases,

police found no evidence
implicating me.

Article 200, section 20
of the CPL states

that offenses are joinable

when proof of one is material
as evidence of the others.

I'm saying you
have no proof.

A positive
by Carrie Huitt,

and your fingerprint at
the scene of the rape.

Do the People have
any other evidence,

other than the pattern
of the attacks

to support the joinder
of the indictments?

We don't need any, Your Honor.

People v. West.

When the MO is sufficiently
unique, multiple crimes

can be charged
under one indictment.

The pattern
in all four rapes is identical.

Uh, forgive me, Your Honor.

I'm not as well versed
as Miss Cabot.

Uh,People versus Sable.

"When there is
more proof

"on one offense
than the others,

"there is a

"that the jury
will be unable

"to consider separately
the proof

as it relates to each offense."

I believe that means
the jury's decision

on the first three victims

would be unfairly influenced
by the fourth.

That's right on the money,
Mr. Gardner.

It's called "bootstrapping."

I'm severing all counts.

Your Honor, the particularly

heinous nature
of the crime makes...

Would serve to only further
prejudice the jury.

That's it, Miss Cabot.

Uh, then I'd like
to make a motion

to dismiss all charges
based on lack of evidence.

I think the evidence

against Mr. Gardner
has been amply established.

For the fourth
victim it has.

For the others, not even close.

The indictments

for victims one through three
are hereby dismissed.

Any other business
we need to deal with?


Opening statements
at 9:00 a.m. tomorrow.

(bangs gavel)

We're adjourned.

Unless this guy passed
the bar overnight,

Erin Russ is giving
him a lot of help.

Don't worry.

We'll still nail him
with Carrie's testimony.

Well, not if she won't give it.

I just got a message
from Bethany Taylor.

Carrie says
she can't face her rapist again.

I'm really sorry.

Could you tell me
why you changed your mind?

You know why.

I don't want to talk to him.

I don't want to hear him.

You know, I have to get on
with my life.

I can't keep going back to this.

Carrie, how are
you going to get
on with your life

knowing that Gardner
got away with it?

It's not my fault.

It's not my

That's right.

You're only responsible
for yourself.

Did you discuss some

of the positive things
that could come out

of a victim testifying
against her rapist?

It's often empowering.

The attack was out
of your control,

but in court, you
have complete control.

And even though Gardner is
doing the questioning,

he is bound by the
rules of the court.

All that you're bound
by... is the truth.

I just want...

I just want to get over it.

When am I going to get over it?

Carrie... I have

never known a single victim

who regretted testifying
against her rapist,

no matter how hard it was,

but I have known plenty
that wish that they had,

and by then, it was too late.

And he kept, uh,

running his hand
through my hair,

uh, almost gentle.


That's when I opened my eyes
a little.

And you saw his face?


Miss Huitt, do you see
the man who attacked you

in the courtroom
here today?



Let the record reflect

the witness has identified
the defendant, Michael Gardner.

Thank you, Carrie.

Uh, Miss Huitt...

you testified
that your attacker choked you

until you passed out.


You tied a cord around my neck.

But your attacker was
standing behind you, so...

You didn't see him then?

I saw you later.

Yeah, when you woke up.

And you testified that...

your attacker sexually
assaulted you?

You forced your penis

into my vagina.

And when

you opened your eyes...
uh, a little,

did your attacker see that?

You weren't paying attention.

How close was
he to you?

You were six inches
away from my face.

And he didn't notice
you were awake?

Isn't that strange
if he was so close?

Is it possible
he was farther away?

Objection. He can ask
the same question

20 different ways,
and her answer will be the same.

Move on, Mr. Gardner.

(clears throat)

The night you saw me
at the police station,

was anyone with you?


Um... a counselor
from the Rape Crisis Center.

Bethany Taylor.

Did-did you talk to her
that night?


What about?

Communications between

a rape crisis counselor
and a victim are privileged.


Uh, I have no other questions.

Once the fingerprint came back,

we apprehended the defendant
outside of his home.

I advised him
of his Miranda rights,

Detective Stabler and Tutuola
questioned him,

with his attorney present,

and Carrie Huitt
positively identified him

as the man who had raped her
the night before.

Thank you, Detective.

Why didn't you question me,
Detective Benson?

I was preparing your
victim for the line-up.

So it wasn't because I punched
you earlier that night?

Objection. Relevance?

I'm trying to ascertain
whether the detective

has a personal stake
in my arrest and prosecution.

I'll allow it.

I have no personal stake in you.

You weren't mad
at me?

Or, uh, embarrassed
that I eluded your grasp

in front of your colleagues?

It's not uncommon
for a perpetrator

to lose control
of himself,

and I have certainly
been hit much harder.

When Detective Tutuola
took me into the line-up room,

I saw you in the corridor
of your precinct.

Who were you talking to?

Bethany Taylor.

The rape crisis counselor.

What were you talking about?


I think
we've already established

counselor communications
are privileged.

Actually, only communications
with thevictimare privileged.

Not with law enforcement.

Your objection's overruled.

The witness may answer
the question.

I was advising
Miss Taylor

not to interfere
with the line-up,

so that it would be
fair and impartial.

I saw you looking at me...

in that corridor, correct?


I also saw Miss Taylor
look at me.

Oh... you'll have to ask her.

Where did she go after
she finished talking to you?

Into the interview room.

And who else
was in that interview room?

Carrie Huitt.


the sequence of events
goes like this:

Bethany Taylor talked to you,

then saw me in handcuffs.

After that,
she talked to the victim alone.

And only then,
after all this talking,

did the victim identify me.


That's okay.
I'm done.

This is crap, Alex.

'Cause it looks to me
like Michael Gardner

making a really good case
for tainted identification.

I wish you'd told me
about this, Olivia.
Hold on.

That line-up
was not tainted.

How do you know?

What could a rape counselor
possibly gain

from helping a victim
make a false ID?

It doesn't matter
what happens,

only what appears
to have happened.

If the Judge tosses this ID,
this case is screwed.

Bethany, what's up?

I just got subpoenaed to testify
on Michael Gardner's behalf.


This isn't up for debate,
Your Honor.

The law clearly states
a rape counselor

cannot disclose unless
the victim authorizes it,

or reveals intent to
commit a harmful act.

Well, it's my understanding
I have a right to due process.

How can I defend myself

if I don't know
all the evidence against me?

The counselor's records
and testimony

were never in evidence.

So no one really knows
what was said.

And you can't go on a fishing
expedition to find out.

People v. Peñaheld
that the defendant cannot go

on a roving tour through
somebody's personal information

without a stated purpose.

Well, I have
a very specific purpose.

She saw me
before the line-up,

then had a private conversation
with the victim.

I have a right to know if she
told her what I looked like,

or what I was wearing.

All right.

I'll question Miss Taylor
in chambers.

If I feel her testimony
is material

to Mr. Gardner's defense,
the jury will hear it.

How'd it go?

Didn't say a thing.

What do you mean
you didn't say a thing?

You're under subpoena.
You don't have a choice.

Yeah, I do.

Bethany, this isn't
going to help anybody.

Detective Benson,
I need you

to take Miss Taylor into custody
for contempt.

Wait, Judge, there's
got to be another...

Either you do it...
or I'll get someone else to.

Let's go.

Save it.

Nothing good

is going to come
from this, Bethany.

I won't break privilege.

Well, it's going to be broken
with or without you.

Judge Preston
has made her decision.

She wants to hear
your testimony.

I won't give it.
End of story.

Well, did you
tell Carrie

what Gardner looked like
before the line-up?

You know I didn't.
Then what does it matter?

Tell Preston what
you talked about,

she'll find it immaterial
to the defense,

and then no one else
has to hear about it.

Then the precedent is set.

And every subsequent
rape survivor gets to wonder

"Can I talk about this,

or will everything I say
be broadcast on Court TV?"

No one will trust us

and no one
will report the crimes.

So what's your plan?

To spend the rest of
your life in here?

I brought my toothbrush.

I'll do the bid.

Well, that's fine.

But in the meantime,

this case goes down
as a mistrial or an acquittal,

and Michael Gardner walks.

What if the victim
waives privilege?

I think Judge Preston
will go for it.

Then privilege is intact,
and no precedent is set.

You would put this on Carrie?

Do you have any idea
how damaging this could be?

Bethany, what else
do you want me to do?

Not that.

I mean it.

She can't handle it.

You're supposed to help
the victims.

Do your job.

You heard what happenedwith Bethany?


Carrie, I, um...

I'm asking you to waive
your right to privacy

so that Bethany
can testify about her
conversation with you.

You're not wearing
your engagement ring.

Yeah, that was my decision.

I didn't want Eric
to have to wait around

for me to get back to normal.

I couldn't have sex
without crying.

I love him, but I'm never going
to be back to normal.

Carrie, I really
don't think

that this is the right time

to be making
these kind of decisions.

When is
the right time?

You're all sitting around

waiting for me to shake this off
and get back to normal.

(chuckles softly)


You have no idea.

I can't sleep more
than 20 minutes a night.


I hate to be alone

but God, I hate
to be around people more.

And I am so afraid
to walk outside.

Or-or be in a crowded place

because, you know,
I might see him.

And all I can think to myself

is it would have been so much
better if he'd just killed me.

So, uh, that's what I talked
to Bethany about.

Because she told me

that I could say anything
to her,

and no one would ever know.

Nothing that I do will ever
change what happened to you.

I can only try to prevent it
from happening again,

except everything
that I have done has failed.

I'm not going to
pretend that this
is a good thing.

Or that this
is a fair thing.

But I have to ask you
for your help.


you are our last chance.

I hate
to see you in here.

Don't worry about me.

This was my decision,
not yours.

I waived my rights.

And I wish she didn't
make you do that.

But it doesn't
mean anything.

I still won't talk.

It's my decision,
and it's already done.

You said that this
is about control, right?

Taking it back.
Well, I am.

I do not want there
to be any chance

that this guy
can get away.

So, please,
testify to the judge.

It's okay.

It... can't get any worse.

After questioning
Bethany Taylor,

it is my ruling
that her testimony

is not relevant
to the pre-trial identification,

and that the defendant's
right to due process

has not been violated.

Therefore, the testimony will
not be entered into record.


You can't object, Mr. Gardner.
Take a seat.

No, that's not fair.

That is my ruling.

(bangs gavel)

We're adjourned for today.

So what else can Gardner pull
when he puts up his own defense?

I expect he'll
throw a couple

of character witnesses
on the stand.

He'll take
his own testimony.

Just have to be ready
for anything that he does.



I know you didn't want this,
but thank you anyway.

I didn't do this for you.

I did it for Carrie.

Want to know
what you did, Detective?

This is a subpoena from a man

who raped another
client of mine.

He wants her
records disclosed.

So I was thinking,

you'd be the perfect person

to bully her
into waiving her rights.

I did what I had to do

to stop Michael Gardner
from raping another woman.

Six of my clients
already quit counseling.

They don't trust me anymore.

But you got your win.

Who cares if it's
at everyone else's expense?

Where is everybody?

Kathy took the kids
toLa Boheme.


So on your one night

as a bachelor, you go
to the grocery store?

That's pretty

Grocery store with strippers.

Liv, you've got to let it go.

You put a rapist
on trial.

You did your job.

I think I made it worse.

Now, you know that's not true.

I made Carrie relive
the worst thing

that's ever
happened to her.

I screwed any number of victims

who might have sought counseling
from Bethany Taylor.

And a few less rapes may be
reported because of it.

If Michael Gardner is convicted,
he'll never rape another woman.

It's not worth it.

It's not worth
the cost.

To you or them?

I'm not talking about me.

Yeah, you are.

For as long
as I have known you...

you've always identified
with the victims.

Maybe that's because
you're a woman.

I don't know.

I do know it's
one of the things

that makes you
a great cop.

It's also one
of the things

that makes this job
torture sometimes.

You can never go back
and change things

that have already happened,

You can't.

You kill yourself
to make something happen

or you do nothing, and...

Doesn't matter.

There's always
another child molester.

There's always another rapist.

And it's like...

you have to sell
a little piece of yourself

to get the job done.

So what the hell's the point?

I don't know.

Maybe there isn't a point.

Maybe the cost
is too high.

Olivia, no one's
making you do this.

The difference
between you and all the victims

is you can walk away.

No, I can't.

We've been waiting
for over an hour, Miss Russ.

We have no proof

that Mr. Gardner
has absconded, your Honor.

If the defendant
has knowingly forfeited

his right to be present,
then the trial should

without him.

For all we know,
he could have

fallen ill,
or been in an accident.

Find out, Miss Russ.


Got it.
All airports are on alert.

So far he hasn't shown up
on any passenger manifest.

We're focusing
on domestic flights.

His wife said that
his passport's expired.

Which you don't need
to drive into Canada,

so customs along
the New York/Ontario borders

are on alert.

Locals are putting Garner's
mug shot on the 11:00 news.

It'll be in the papers
in the morning.

But there's still
a possibility

that he's staying in town
despite the danger.

He's already shown
a propensity for stalking,

which means that any number
of people could be a target.

That's why I want
warnings out to the judge,

the DAs, every witness,
victim, juror...

anybody who set foot
in that courtroom

that he could see as an enemy.


That includes you, Olivia.

This guy's
got a hard-on for you.

Good, I hope
he tries something.

He did try something.
Another attack.

Neighbor found her

when he was taking out
the garbage,

but he didn't hear a thing.

Victim get a look at him?

Don't know.
She's dead.

Cut up her face,
too, this time.

Three or four slashes,

fingerprint bruising
around the neck.

He's getting smarter.

This time,
there's nobody to ID him.

Victim's Evelyn Sharp
from Staten Island.

You were right about
the manual strangulation.

Found traces of talc,

so I'm guessing
he wore latex gloves.

So he's learning
from his mistakes.

Her hands have
some defensive wounds--

bruises on her knuckles--

so I'm thinking
she woke up at some point

and fought back.

She get a piece of him?

Nothing under
her nails,

no fluids
or foreign hairs on the body,

but I did find
something interesting.

Excised the skin
right down to the fascia.

He got
a piece of her.

So now he's collecting trophies?

I thought so
at first,

but look at the size
and location of the wound.

She was fighting him off...

So he bit her.

Then he cuts away
the skin

to get rid
of the evidence?

Guy's becoming
a regular criminal genius.

Not quite.
He didn't cut deep enough.

There's still an impression
in the muscle tissue.

Well, can you
match it

to Gardner's
dental records?

Already did.

No question.

We got the son of a bitch.

Still think your client's
an innocent man?

This is no longer
a case of mistaken identities

or false line-ups.

This man is guilty
of rape and murder.

If I knew where he was,
I'd tell you.

People are
in imminent danger here.

I told you,
I don't know where he is.

If I hear from him,
you're the first call I'll make.

If he's getting any help,
it's not from a family member.

Gardner's got no
relatives in New York.

I talked to his business
partners and his staff.

Nobody's heard
from him.

Wife seemed pretty devastated
when he left.

I don't think she's hiding him.

Dump his phones,
the last six months.

If it was a wrong number,

I want to know
what the conversation was.

Gardner's financials.

All of the money
belongs to Mrs. Gardner,

but he's got access
to everything.

Any recent

Yup. A big one.

Five grand yesterday morning.

Check cashing place
in the Bronx.

Yeah, that's
the Richie Rich.

He wanted
to cash 20 grand.

I told him five
was my limit.

He wrote up a new check.

He alone?

I guess so.
I didn't see anybody.

We're going to need
the paperwork on that.

The guy had the proper ID.

I-I-I didn't do nothing illegal.

Hey, are those

This kind of business?

You better believe it,

We're going to need
the tapes.

Right there.

That your guy?


It doesn't tell us much
other than he's alone.

I digitized the tape
from the other camera, too.

Here's the same time frame.

That's him exiting,

and getting
into that white SUV.

Like the one
Carrie saw

the night of her attack.

Did you get plates off that?

Not the way the
camera's positioned.

All the accident investigation
unit could tell me

was it's a '99 Lexus RX 300.

Can you play that
a little longer?


He's getting
into the passenger side.

Who's driving?

Let's see if I can blow it up.

We'll go frame
by frame.

Looks like
he's kissing her.

His wife's got long hair.

Gardner's got himself
a girlfriend.

Any ID on the mystery woman?

We got six months
of phone records.

There's nothing
out of the ordinary yet.

The problem is
this guy's smart enough

to never have called the
girlfriend from his own phone.

And if he bought a prepaid cell,

well, we wouldn't
know about that.

A majority of the calls
this month

went to his lawyer,
big surprise.

Last month too.

And four months ago.

Why would he need
to talk

to a criminal defense attorney
before he was arrested?

Because he's been having
an affair with Erin Russ.

She registered a vehicle
to the DMV four years ago.

1999 white Lexus.

Look at this.

Erin, it's Detectives
Benson and Stabler.

Let us in.

It's open.

Erin, where is he?

Where's Gardner, Erin?

Where is he?

He's here.

Let me see your hands.

Put up your hands.

Are you hurt?

I found the murder weapon
in the car.

He denied it.

Even after I found everything.

If he attacked you,

there's nothing
you could have done.

That's right.

Justifiable homicide.

If he attacked me.

I need to know it's over.

I tried setting it up
with the people in charge.

They said
it was inappropriate.

How did you convince them?

They don't need to know.