Law & Order: Special Victims Unit (1999–…): Season 5, Episode 20 - Lowdown - full transcript

When the death of a prosecutor is staged using information gleaned from a coworker's caseload, Novak endangers her career to obtain a confession.

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.

Right here, get yourself some.

Hey, Mercedes.

I want to talk to you.

Scum bucket!



I'm not good
enough for you?

Move on, ladies,
let's go.

Take it somewhere else, ladies.

Or sir.

Don't call me sir.

I'm a lady.

You treat me like one.

I'll treat you to a
night in the joint,

you don't haul your
ass out of here.

You so interested in my ass,
you know where to find it.

Yeah, the big girls'
department at Macys.

You think you got her size?

Check that-- probably
right in the act.

How's he explain getting busted
to his wife?



Zip it up, sir.

Both of you,
out of the car.

Sir, let's go.

Good morning, sunshine.

What do we got?

White male, 30s,
with this tied around his neck.

Oh. Any signs
of a struggle?

No bruising.
It looks like she blitzed him.

I tell you, I've never seen
a hooker use her hot-pants

to strangle a john before.

It's not hot-pants,
Elliott.

They're leggings.

You wear them
to the gym.

So, we're looking for a hooker
who works out.

That should narrow down
the search.

Take a look inside.

Condom. CSU says
semen on the inside,

lipstick on the outside.

Well, somebody's still
practicing safe sex.

Any ID?

Wallet and credit cards
are missing,

but the car's registered
to a Jeffrey York.

West Side address.

Hold on.

Let me see the body.

He's an Assistant
DA in the Bronx.

You know him?

I dated him.

Captioning sponsored by
UNIVERSAL NETWORK TELEVISION

and NBC

Hey, thought you
could use this.

I had to wake the Bronx
District Attorney

at 2:00 in the morning,

tell him one of his ADAs
was found dead in his car

on a known prostitution stroll.

Now, he says we're not jumping
to any conclusions.

Are we?

No...guy just liked hanging out

with hookers in his spare time.

Hookers cut or stab,
they don't strangle.

Unless they're on crack--
then, hell, they'll do anything.

How many women do you know

with the upper body strength
to choke a guy?

Could have
been a tranny.

Look, Jeff York wasn't the kind
of guy for street sex,

and definitely
not transvestites.

Look, everyone's got
secrets, you know?

You think you
know someone.

I knew Jeff.

Mm-hmm. So, what was
he doing down there?

CRAGEN:
York's an ADA.

We have to consider
the possibility he was set up.

Sometimes it's just
like it looks.

Crime Scene's lifted prints

from the passenger
door handle of the car

and the dead guy's
belt buckle.

Left them there when
she was performing her services.

You mean he.

Prints match a guy--
Kevin Brown.

AKA Keisha Brown.

Known transvestite prostitute.

Couple of
assault collars.

No last
known address.

Okay, well,
patrol cops rousted a tranny

working that block
right before they found Jeff.

Bronx DA is sending us
York's case files

for the last three years.

Fin, go through it
with Munch,

looking for anything
that smells like that M.O.

or somebody
who'd set him up.

It's almost 6:00.

Keisha's probably back
for the morning traffic.

KEISHA:
Not me, boys and girls.

I didn't kill him.

STABLER:
We know you
were in the car.

Now, which one of them bitches

told you that?

Your prints were
on the door.

STABLER
And on the
john. Stop!

Stop. Come here.

Stay cool.

My shoes are glued.

I touched the car,

but I didn't kill him.

As a matter of fact,

he was already dead.

What, did you roll
him for his wallet?

I took a blue gym bag
from the back seat.

There was nothing in it.

Just some clothes, that's it.

Who bought the credit cards?

Hello? Can you hear me?
I said,

the wallet was already gone.

BENSON:
Where's the bag?

You taking me in?

STABLER:
Where is it?

You don't book me for murder.

We get the bag,
we'll talk.

Dumpster at the underpass.

The clothes didn't suit me.

O'HALLORAN:
Mouthwash,

sprays, deodorant.

Who knew hookers used so many
personal hygiene products?

We're looking
for a blue bag.

Blue vinyl bag.

You know, I don't remember
you ever mentioning Jeff York.

It was five
years ago.

Uh, I worked a
case with him.

It wasn't that serious.

Hmm? How long did you date?

About a month.

Nice guy,
no chemistry.

Got your blue vinyl gym bag.

Sneakers, red lycra top.

That lycra top goes
with the leggings.

Uh, business card's got
a phone number--

Tina Gardner, investigator
for the Bronx DA.

Office romance gone wrong?

Why leave the
bag in his car?

I don't know.

Why don't we call
and find out?

( sighs )

WOMAN:
We played handball
two nights a week.

Jeff drove.

I forgot my bag
in his back seat on Monday.

Were you seeing him?

No, I was his investigator,
and we were friends.

I can't believe he's gone.

I just saw him last night.

What time?

Around 6:00,
leaving the office.

He said he was going home.

I don't understand.

Paying for sex?

That's not Jeff.

Do you remember what
was in your bag?

Shoes. Uh, gym clothes.

Can you describe
the clothes?

Red lycra top, leggings...

BENSON:
Do you carry
lipstick?

In the bag? I think so. Why?

What brand?
Uh, Melanie Jones.

Uh, Blush Rose.

Why does that matter?

It's got to be Alvarez.

Who's Alvarez?
Guy we convicted last week
for murder.

He got the max,
threatened Jeff in open court.

STABLER:
How serious
was that threat?

He said Jeff was a dead man,
he tried his last case.

Jeff seem worried?

He shrugged it off.

But you should talk
to the other ADA on the case,

Andy Abbott.

MAN:
Jeff's like

the rest of us.

A skel threatens revenge,
he wouldn't buckle.

They asked for a deal,
Jeff said no.

You're saying he
should have made one?

If you collared someone
for murder,

and he threatened to kill you,
would you let him walk?

No, and neither would Jeff.

So, who is this
guy he convicted?

This, uh, Alvarez?

Small-time dealer
in Mott Haven

trying to go big,
racked up three bodies.

He strangled them,
and he got off on the first two.

BENSON:
What happened?

Well, the first murder

we're pretty sure
was jury tampering.

His lawyer was indicted,
but we couldn't prove it.

Second one,
our chief witness recanted.

Third time's a charm.

Tell my wife that.

She was worried about revenge,
wanted me off the case.

She begged Jeff to plead it out
or at least get protection.

News did this interview
right after the trial.

MAN:
And what
about the violent threats?

You get used to it.

Defendants say these things
all the time.

If we walked away
from every case

where we were afraid of revenge,
we couldn't do our job.

Jeff loved
being a DA.

You know, the ethics
for him were...

almost biblical.

BENSON:
Sounds like you were more
worried than he was.

Let me tell you something.

This Alvarez was more vicious
than most.

I told Jeff, you have a permit,

carry a gun, just for a while.

I do.

He just laughed.

Said he'd be so scared
of shooting himself by accident.

Takes a pair
of balls

to order a hit
on a prosecutor.

Well, don't take my word for it,
go see him.

And tell him Jeff says hello.

MAN:
That DA Jeff York?

Yeah, I put a hit on him.

He doesn't know
what he's saying.

I think he knows
exactly what he's saying.

The guy sends me away, I
get him whacked that night.

My client's having
a little fun here.

Well, you want some fun?

Go to Coney Island
and ride the Cyclone.

I don't find dead prosecutors
all that amusing.

Oh, easy, Mami,
it was a joke.

Mr. Alvarez is looking
at 25 hard.

He's angry, but not angry enough
to kill a DA.

You'd do it for him,

Mr. Horner?
Detective...

I get my clients out of
jail legally, Detective.

I resent your implication.

STABLER:
Mr. Horner, you were indicted

for jury tampering.

Not to mention
your eyewitness had amnesia,

and then, of course,
disappeared.

I'm sorry. Are we offending you?

The indictment
was crap.

Nobody ever proved
I bribed the witness.

Why don't you tell your partner

to relax?

I assure you,
neither my client

nor I had
anything to do

with Jeff
York's murder.

Then you won't object

to us taking a peek
at your phone records.

I'm ahead of you.

My, uh, office, my house,

my cell phone, all my logs.

Check 'em with the
phone company.

BENSON:
And how about you,
Mr. Alvarez?

Have you had any
interesting visitors lately?

No one has come

to see me except my lawyer here.

Why don't you check
with the warden?

STABLER:
Forget Alvarez.

His story checks out.

Lawyer doesn't have
any suspicious calls.

Where are you on
York's case files?

Still in 2003.
Nothing jumps out.

In my copious free time,
I ran the M.O.--

strangulation, prostitute,
oral sex. Zip.

Run it again.

Put in the leggings, the car,
and sort by location.

FIN:
Since 9-11, you have
to swipe a card

to get out
of the courthouse garage.

Jeff York left last night
at 6:14.

Corroborates what his
investigator told us.

M.E. says he was killed
between 9:00 and 10:00.

That leaves three-plus hours
unaccounted for.

Captain,

Bronx DA in the house.

I'm looking
for Captain Cragen.

I'm Don Cragen.

Francisco Martinez.

Can we talk privately?

I'm afraid we don't have much
to tell you.

I appreciate
how sensitively

you're handling this.

Actually, I'm here to
give you information.

Jeff York's bank statements.

Stamped "received"
by your office two weeks ago.

You had him under investigation?

Informant at Rikers says
Alvarez was bragging

he bought off York
to throw the trial.

You find a money trail?

Yeah, but
in the wrong direction.

Look at the ATM withdrawals.

500 bucks every
three days.

That's a lot of money
on an ADA's salary.

How'd he pay his bills?

He didn't.

Credit rating's in the toilet.

So, you're thinking

York was into what,
gambling, drugs?

I don't know.

But I'm taking it away
from my people

and giving it to you.

You got a
leaky office?

Captain, Jeff York
was a good man.

One of my rising stars.

I want to find out
who killed him just as much

as you do.

Jeff York had 30 bucks

in his checking account
the night he died.

Well, he wasn't buying drugs.

M.E. says
his tox came back clean.

Look, Captain,
I got to say that I think

Olivia's getting a little
overzealous about this case.

Well, I might be,
too, if I were her.

Hey, Captain,
I called the lab.

I wanted them to run something.

You know the lipstick?

Yeah, but you don't need
to call the lab.

If they got anything,
they'll talk us.

Hold on, Elliot, just listen.

The DA's investigator
who worked for Jeff told us

that she carried lipstick

in her gym bag,
but we never found it.

The color was Blush Rose.

I had the lab run a gas chromo
on the lipstick on the condom.

Blush Rose.

That would mean a hooker
had to get the lipstick

out of the gym bag, put it on,
then perform oral sex.

I don't buy it.

So, who's the gal
with the lips?

Well, since you're going
to the lab,

see if she left some saliva
for DNA along with the lipstick.

SIPER:
Sorry.

No saliva, but I did
find something interesting.

Lipstick left this imprint
on the condom.

BENSON:
It's a crisp,

clean print.

And a problem.

Oral sex-- it
should be smudged.

Right.

I think the lip print was put

on the condom after it was used.

BENSON:
You're saying
she put a condom

on him, killed him...

Then kissed
it afterwards.

After Siper sent me
these photos of the lip prints,

I went back and focused
on the sex act.

I looked at the victim's
seminal vesicles.

If he had had sex
before he died,

there'd be
semen in them.

There isn't.

And none on his body.

That's impossible.

You saw the condom.

DNA results are back.

Take a look
at these two chromolines.

This is Jeff York's DNA,

and this is the DNA

from the semen
in the condom found

in York's car.

They're not the same.

There were two men in that car.

The operative word being men.

STABLER:
Well,

no wonder you and Jeff
didn't have any chemistry.

He was gay.

"Murdered D.A.
in Gay Sex Slay."

The papers are
loving this.

Branch wants facts to
counter the bad press.

All we know
is Jeff York was gay

and had sex in his car
with another man.

What about the tranny
prostitute angle?

Keisha Brown's DNA didn't match
the sample in the condom.

No other he/shes work
that stroll.

Then what happened
in that car?

Well, we know
what didn't happen.

The wallet was stolen;
the credit cards

were unused.
First thing a hooker's

going to do when she rolls
a john is use

those credit cards
or sell 'em.
So robbery's not

the motive.
!
But we're supposed
to think it is.

Look, this is a well-known
lover's lane here.

Maybe Jeff just picked up a guy,
had a good time with him.

Then what's the
motive to kill him?

Could be an accident.

Jeff liked it rough, and
our mystery man went too far.

You guys, I got
to tell you

that Jeff seemed
pretty vanilla to me.

Maybe you didn't date him
long enough.

CRAGEN:
Sounds like
there's a lot

you didn't
know about Jeff.

His apartment

is still sealed--
get over there and see

if you can find out more
about his love life.

BENSON:
Not much of a social life.

The only dates in here
are dinners with people

from the office,
notes on cases to discuss.

The guy's got a awful
lot of medical bills.

Day he died, he had drinks
with Andy Abbott, Carlson Hotel.

Did Abbott mention that to us?

No. You know, there's
got to be $10,000
worth of bills here,

all of 'em marked
"paid" in cash.

You know,

maybe that's where
his money went.

He has insurance
through the D.A.'s office.

Yet I'm guessing he didn't
use it to pay for this.

That's AZT.

He was HIV-positive.

Yeah, he paid for
his treatments

in cash so his office
wouldn't find out.

You okay?

Yeah...
'Cause, you know,
if you slept with Jeff,

you might want to...
I'm going to
get tested.

You don't want the results
in departmental records,
insurance,

so go to an anonymous
clinic, okay?

I know. Like Jeff did.

Look, you want me
to go with you?

No, I'll be fine.

Let's just focus
on the case.

Jeff's date book said
that he was having drinks

with Andy Abbott
the night he was killed,

so why didn't Andy
tell us that?

I'm sorry, uh...

Jeff and I always went out
for drinks after work.

I was so upset by the news,
I must've forgotten.

Well, Jeff

told your investigator

that he was
going right home.

Why would Jeff lie
about having drinks

with you?
Well, that's strange.

He-he told me he was meeting
someone for dinner later.

BENSON:
Do you have any idea who?

He didn't say, and I didn't ask.

He didn't talk about
his personal life very much.

Uh, Andy, so you had

no idea Jeff York was gay.

( doorbell rings )

Honey. Honey, could you get
the door?

I'm really surprised.
Are you sure?

Jeff-Jeff didn't seem gay.

Sometimes you can't tell.

Well, he didn't...
he didn't give me

that vibe.
Excuse me, Detectives,

I'm sorry to
interrupt, but the
baby-sitter's here,

We're going to be late.
All right.

Hey. Good night, baby.

ALLY:
Good night, Daddy.

Okay.

Would you get this
for me?

I left Jeff sitting in the bar
at the Carlson.

I mean, I would've stayed,
but I had my poker game.

He said he had about half
an hour to kill before dinner,

and was going
to hang there.

He sat over there
by the window.

I remember thinking
he was cute.

Was he with anyone?

A black guy, shaved head.

If I'd been drinking
instead of working,

I'd have hit on both of 'em.

Yeah? They leave together?

No, the black
guy split first.

He was here maybe
another half hour.

He left a nice tip, though.
Not like the tourists.

And he didn't meet
anyone else?

Nope. He just finished
his drink and went.

This hotel's a little pricey
for your average D.A.

Inconvenient. There's plenty of
bars near the Bronx courthouse.

It's perfect if you don't
want your colleagues
to see you, though.

Think he was meeting
a boyfriend?

Let's find out.
Hey, how you doing?

May I help you?
Detective Stabler.

This is my partner,
Detective Benson.

This man look familiar?

Yeah, Mr. York.
He's a regular guest.

How often did
he stay here?
Once a week

for a night.
STABLER:
Alone?

Always checked in that way.

He check in
on Wednesday night?

He wanted a
room, but we were
completely booked.

I offered to call other hotels,

but he said it wasn't
that important and he left.

And you're sure he
wasn't with anyone.

Not on his way out.

I did see him
on his way in

talking to-- what's his name?

Football player.
DuShawn McGovern.

Oh, yeah, he used to be
a running back with Miami.

Right. Big-shot
in real estate now.

I almost asked him
for an autograph.

I was meeting an out-of-town
client when I ran into Jeff

in the lobby...
so we sat down and talked.

How do you know him?

We met at a kids'
charity benefit.

He knew I was into real estate,

wanted to list his apartment
with us.

We saw that apartment.

It seems a little down-market
for your company.

He was a nice guy.

Uh, I didn't want
to blow him off.

He seemed desperate.

To sell?
I got the feeling

he had money problems.
( phone rings )

Mr. McGovern, where'd you go
after you left the hotel?

Uh, back here
to the office,

then out with some friends.

I'd be glad to give you
their names.

We'll get in touch
with you if necessary.

Thank you for your time.

That was Fin.

He's got something
we'll want to hear.

We know who got the idea

to dress up Jeff's murder
as a hooker killing.

Case one: bridge underpass
in the Bronx a year ago.

Guy in a car picks up
a transvestite prostitute.

She strangled him
with a pair of pantyhose.

Case two: South Bronx.

A hooker beats up a john in
a car, leaves him unconscious.

Condom with lipstick
found on scene.

Case three: john
picks up transvestite

pross-- he's mugged,
and she takes his wallet.

You got three
separate cases,

each with pieces
of our M.O.?

Can't be a coincidence.

All in the Bronx.
All went to trial.

All prosecuted
by Jeff York.

Wrong guy. Andy Abbott
tried 'em all.

Andy killed Jeff York?

Why did Andy Abbott
kill Jeff York?

Lovers' quarrel gone wrong.

Jeff was gay. Is there
any evidence Andy Abbott is?

Wife and kids don't
mean he's straight.

DNA from the semen
in that condom's

going to prove Andy Abbott
was in the car.
We don't have

enough evidence
to compel a DNA sample.

Three pieces of the M.O.
are in three cases he tried.

Circumstantial. He'll claim
someone was framing him.

Bring him in
for a chat.

Lock him with a story
and then disprove it.

( phone ringing )

What?

He's been watching
cops work suspects
for years.

We bring him in, he's
just going to lawyer up.

Okay, so we don't play him
like a perp.

Just tell him we're stuck
and we need his help.

I'll send her over.

Elliot, go enlist
Andy's cooperation.

Warner wants to see you
at the morgue.

I tested

Jeff York's blood.

High viral load.

When did you two date?

Five years ago.

We only slept
together once,

and we used protection.

Condoms are effective,
not perfect.

It only takes once.

I'm going to get tested.
I just haven't had time.

Why don't we do
it here right now?

Wanda... I'll do it.

Olivia...

how many rape victims

have you told to get tested?

All of them.

Would you tell them
it's all right to wait?

Okay.

Sit down and roll up
your sleeve.

No paperwork.
I'll do the test myself.

Could Jeff have been
HIV-positive back then?

Yes, but your risk
of exposure's very low.

How could I have
missed this?

Liv...

you're not the first woman
to sleep with a closeted man.

Maybe he didn't
know, right?

Sexuality's
very complicated.

Just because he was gay

doesn't mean he wasn't
attracted to you.

WOMAN:
Excuse me. I'm looking
for Andy Abbott.

That's Andy's wife.

Mrs. Abbott.

Andy left a message
canceling lunch.

Said he was headed
down here.

Is there a break
in the case?

I'll see you inside.
I don't know.

I just got back.
Oh, Jeff was
our best friend.

Do you have a suspect?

You know that I can't
discuss that with you.

Believe me, I'm used to that
after all these years.

Andy's not answering his cell.
Do you know where he is?

I don't, but if I see him,
I'll tell him to call you.

What's going on?

Andy's reviewing
D.A. files.

He's looking for
defendants with
a grudge.

He doesn't know
we suspect him yet.

I can't stop thinking
about his wife.

Jeff was HIV-positive,
and Andy might be, too.

Makes you want
to warn her.

Can we do that... legally?
Absolutely not.

HIV status is confidential
even after death.

So, I'm getting him coffee,
and he's hard at work.

Maryellen
Abbott was here.

She wants to know

what's going on; I stalled her.

Give me a couple minutes
to heat him up.

Let's play the wife card.

STABLER:
Here you go.
Thanks.

I've been over
all my old files,

and, uh, I can't think
of anywhere else to look.

Well, the perp
had to know

about your
hooker cases.

M.O. copies the
three that you tried.

Well, if there's a connection,
I'm not seeing it.

We need to look harder.

Well, what else could we do?

Let's try to imagine
how someone could put together

these M.O.s
in one crime.

Hmm? Unless it
was an inside job.

You think I killed him?

STABLER:
I think we have a very
strange coincidence.

Le-Let's be clear.

Mm-hmm.

Am I a suspect?

Why, you want a lawyer?

I don't need one.
I am a lawyer.

What possible motive could
I have had to kill Jeff?

He's one of my
closest friends.

No, you were a lot more
than friends.

You were having
a relationship.

You're crazy.

No. You couldn't let
your wife find out,

so you strangled him.

She stopped by,
by the way.

She's very concerned.

What did you tell Maryellen?

Nothing.

Yet.

Don't threaten me,

Detective.

If you say one word
about this preposterous lie

to her or anyone else,

you're looking
at departmental charges

and a lawsuit for slander.

To make a case
for slander,

you have to prove
that we said things
we knew were false.

So far, everything fits.

You're forcing
the pieces together.

If you weren't
Jeff's lover,

then you can prove it.

All you have to do
is give us a DNA sample.

You think I'm stupid.

High profile case,

political pressure
to make an arrest.

I'm not giving you evidence
you can use to frame me.

Andy, you're not
convincing me.

I couldn't have killed Jeff.

I wasn't even there.

Where were you?

Jeff and I had drinks
at the Carlson.

He said he had dinner plans,

and he was still
there when I left.

So, where'd you go?

I told you--
my poker game.

Like I do
every Wednesday night.

MAN:
Andy got to the poker game

right after I did.

Had to be around,
I don't know, 8:15, 8:30.

He seem okay?

He was pretty stressed.

STABLER:
About what?

Some murderer they convicted.

The guy threatened
to kill Andy's trial partner.

Mr. Baker, you sure

about the time
Andy got to the poker game?

Definitely. 8:30, latest.

You remember
what he was wearing?

What's this about?

I thought Andy was on your side.

We're all working
on this together.

Then why does it sound

like you're accusing Andy
of something?

BENSON:
Just routine background.

You play poker at the
same place every week?

No, this one was at my place.

My wife and I have a brownstone
in Park Slope.

Did your wife stay for the game?

She and a girlfriend
go to the movies.

Five or six brothers,
a couple of beers...

It gets a little rowdy.

So then there were six of you?

Five.

Less money on the table
but a better game.

It's a heavy action game,
no limit.

FIN:
These the brothers
that play poker?

Yeah.

This guy looks familiar.

DuShawn McGovern.

Used to play for Miami.

STABLER:
If DuShawn McGovern

was at that game
with Andy Abbott,

why didn't Andy tell us?

'Cause Andy doesn't
want us to know

that DuShawn's a friend.

CRAGEN:
Well, here's what
I don't get.

Why are they all
protecting Abbott?

Maybe they've all
have something to hide.

Like what?

I think they're on the Down Low.

Down what?

The Down Low.

Black men having sex
with other men.

Every one of these guys is
married, some have kids.

That's sex
on the Down Low.

They say it doesn't mean
they're gay.

What does it mean?

It's just sex.

They hang out,
have a few drinks,

pretend that what goes on
downstairs isn't who they are.

You grow up being black,

you're supposed to be a man,
become a father.

Church, your family,
your friends--

they all see being gay
as the white man's perversion.

But white men have trouble
dealing with it, too.

There's an epidemic of gay
white men on crystal meth.

They have to get high
to have sex.

It's different for black men.

They go out,
have sex with other men,

then come home,
have sex with their woman

and pretend they're straight.

Don't look at me.

I just know stuff.

Go back,
reinterview McGovern.

FIN:
No.

Let me.

McGOVERN:
Those other detectives never
asked me where I was going.

I offered to give them names.

You say you got to your poker
game at 8:30.

Your office says you were
in a meeting till 8:00.

You got all the way
out to Brooklyn in a half hour?

Maybe it was 9:00.

You married, DuShawn?

Divorced.

Any kids?

Maybe next time.

You were one helluva ballplayer.

Yeah, those were great years.

Banged up my knees a lot,
but I loved it.

I don't remember you signing
any high-scratch

endorsement deals--
cars, wristwatches.

All the players get something.

There was talk about you

getting some front office jobs,
coaching gigs.

Didn't happen.

What's your problem, brother?

What's your problem?

I was an athlete.

Hero.

Everyone looked up to me--
my family, my friends.

They still do.

I want it to stay that way.

And it won't
if they know you do it with men.

Yo, get clear, bro.

I'm no fag.

You're on the Down Low, dude.

This ain't no poker game.

You guys are having sex
with each other.

Here's the headline:

A black man can make mistakes.

He can even do time.

We stand by 'em.

What we will not stand by

is a black man
who's a homosexual.

Here's my headline:

You were one of the last
people to see Jeff alive.

And if you don't start talking,
I'm gonna dig through your life.

I'm gonna ask everybody you
know about your sex parties.

I am not gay.

I have relationships with women
and sex with men.

And I got news for you.

That means you're gay.

It's been going on
for four years.

Poker night, every week
someone takes the bedroom.

It's like it never happened.

Nobody mentions sex.

You wear protection?

You bring protection,

it's like admitting
why you went there.

How'd Jeff York get
tied up in all this?

Jeff fell in love with Andy
at work.

He wanted Andy
to leave his wife.

Man, Jeff started talking
all this love stuff.

So Andy asked me
to get some sense into him.

You go too far and strangle him?

No!

Well, you're looking
good for it.

Andy did it.

He didn't mean to.

( sighs )

Jeff would've dragged us
all into a mess.

Andy Abbott...

you're under arrest
for the murder of Jeffrey York.

You have the right
to remain silent.

If I give up that right,
anything I say

can and will be used against me
in a court of law.

I have the right
to an attorney...

How many times
do I have to tell you?

I'm am not gay.

I was not Jeff York's lover
and I did not kill him.

The DNA swab
that we took from you

will match the condom
at the crime scene.

My client can
explain that.

Jeff asked me
to meet him at the bar

at the Carlson to talk.

I knew something was up

because he'd been acting
so tense around me.

I thought it was from Alvarez's
death threat.

But it wasn't.

No. No, that would've been

a helluva lot easier.

Jeff told me
he was in love with me.

I told him I'm sorry,
but I didn't feel the same way.

Bet that didn't go over
too well.

Well, he was embarrassed.

We both got drunk.

When I left
I couldn't get a cab.

Jeff came out,
he saw me waiting.

He said he'd give me a ride
to my poker game.

We drove past some hookers
and he pulled over.

I guess he wanted to prove
his manhood.

I went first.

When she finished
with me, I left.

Took a cab to Brooklyn.

You could've told
us this story

the first time we
interviewed you.

ATTORNEY:
Right. And say

he was in a threesome
with a hooker.

The DA would love to read
that in the tabloids.

Andy'd lose his job and his
family would be humiliated.

I blame myself.

If I hadn't left Jeff there,
he'd still be alive.

BENSON:
You've covered
all your bases...

except one.

Your friend DuShawn McGovern

was at the hotel
talking to Jeff.

Coincidence?

ATTORNEY:
No, business meeting.

My client asked Mr. McGovern

to help Mr. York
sell his apartment.

STABLER:
Wrong answer.
DuShawn says

you admitted killing Jeff York

so your wife wouldn't find out
you're on the Down Low.

Well, I'm sure DuShawn said

exactly what you wanted him
to say.

He knows you'd ruin his life
to make your case.

He's good.

This cockamamie story
might work.

Jury will see
right through him.

Will they?

Handsome DA, family man,
gets drunk with a colleague

and lands in the wrong place
at the wrong time.

We can't prove otherwise.

DuShawn McGovern can.

He gave it up to me,
he'll testify for you.

There's no way I'm testifying.

Wait a minute.

Just tell her
what you told me.

I didn't tell you anything.

Mr. McGovern,

you'd be testifying
before the grand jury.

Those proceedings
are kept secret.

Secret?

Jurors go home after I talk,
they'll spread the news.

I know all about gossip.

I lived with it for years
when I played ball.

FIN:
You got no choice.

She'll subpoena you,

and I'll haul your ass in there.

And I'll put my hand
on the Bible

and swear to tell
the whole truth.

I worked too hard to get
where I am to mess it up now.

Go on...

ask me if Andy killed a man.

I'll say, "I don't know
what you're talking about."

If you'll excuse me,
I'm very busy.

There goes our case.

What's it gonna take
to bring it back?

Proof that Jeff York
and Andy Abbott were lovers.

Andy's on the Down Low
and Jeff sure ain't talking.

Yeah, maybe Jeff will talk
to Warner.

The dead can speak.

I ran the DNA from the HIV
virus in Jeff York's
blood.

Here's the genotype
of the HIV strain from Jeff.

I also tested Andy Abbott's
DNA swab for HIV.

He's positive.

Here's Andy's genotype.

The HIV strains
are identical.

So that proves that they had
a sexual relationship?

HIV mutates constantly.

That's a common mutation
to Jeff's HIV.

The exact same mutation
on Andy's.

So one of them
passed it to the other.

Very likely.

Likely enough
to convince a jury?

It's suggestive, not conclusive.

How suggestive? 99%, 95%?

I can't give you
a precise number. Sorry.

That's not good enough
for a jury.

Thanks.

Olivia...

What's up?

You're negative.

NOVAK:
It's not even worth

putting Warner
on the stand.

Abbott's lawyer'll
find five other guys

who have the same
strain of HIV

who didn't know
Andy or Jeff.

Andy Abbott gets
away with murder.

You got company.
She's steamin'.

How can you do this?!

How can you possibly think that
my husband killed our friend?

Mrs. Abbott... we have
credible evidence.

More lies. You knew he was
a suspect when we talked.

Don't lie to me again.

She's telling you
the truth.

Your husband was having
an affair with Jeff York.

I don't believe you.
You're sick.

You don't have to believe me,

but for your own sake,
get an HIV test.

Jeff York had AIDS.

Go to hell!

Should you have
done that?

She needed to know.

ATTORNEY:
Casey.

I'm not backing down.
We're going to trial.

This isn't
about the trial.

This is a complaint
to the Disciplinary
Committee of the Bar

demanding that you
be suspended from
the practice of law.

What are you talking about?

Your unprofessional, if
not criminal, conduct.

You revealed confidential,

legally-protected
medical information

to my client's wife.

I'm trying to protect Maryellen
from contracting HIV.

She thinks that you're
trying to intimidate
her to win your case.

I can tear this up if
we can make a deal.

Let me get this straight.

You're blackmailing me
and in the same breath

accusing me
of ethical impropriety?

I'm defending my client.
I didn't break the law.

Man Two, five years
probation-- take
it or leave it.

I'll take a censure.
I'm betting suspension.

You'll lose your job.

CLARK:
Tell me you didn't do this.

I had to warn her.

She has a right to know
she's at risk.

You had no legal right
to tell her.

Mary...

her life is at stake.
Well, congratulations.

In any other profession, you'd
be Humanitarian of the Year.

You'll be lucky to get
out of this with your skin.

I'm screwed.

You bet your sweet
ass you are.

Did you tell Maryellen about
her husband only to protect her?

Or did you have
something else
in mind?

You shouldn't have come here.

Please hear me out.

I won't discuss the case.

I came to apologize.

( sighs )

I was wrong.

It wasn't my place to tell you.

I keep asking myself why,

and all I can say is,

if I was in your position
I hope

someone would tell me.

You ruined my life.

I didn't expose you to HIV.
Andy did.

And I didn't put Andy's arrest
on the front page, on TV.

I have two children, Ms. Novak.

They're asking me
what their daddy did wrong.

What do I tell them?

I don't know.

And how do I tell them
I'm HIV-positive?

I'm sorry.

I don't want my girls to suffer.

What am I going to do?

You've gone too far, Casey.

When the Disciplinary
Committee hears

you've been harassing
my client's wife,
you'll be disbarred.

This was my decision.
I asked her to come.

Okay.

Maryellen, what...?

One day

you picked up a
little paint brush

and you painted a watercolor
Christmas card for me.

Big trees in Central Park...

the buildings behind them.

( softly chuckles )

I remember it like yesterday.

I fell in love
with you that day,

and I love you now.

and I will love you
till the day I die.

And by the grace of God,

I will live long enough
to see our girls

grow up and find
their way in life.

I forgive you...

for what you did.

But I cannot forgive you
if you let our children

and your friends
and their families be destroyed.

A trial will drag
all of us through the mud.

I'm asking you, Andy,
to be a man

and admit what
you've done.

I'm so sorry.

I'm sorry I...

I didn't tell you
the truth about me.

I'm sorry

for what I did to you.

I know.

He wanted me to leave my family.

I... I couldn't.

I couldn't...

admit I'm gay.

We argued and I...

I got angry--
I got so angry...

and I killed him.

NOVAK:
Man One.

Seven-and-a-half to 15.

He allocutes and only the plea
and the sentence

go on the record.

We seal the
rest forever.

We'll forget about
the Disciplinary Committee.

Andy...?

( sighs deeply )

Done.

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