Law & Order Special Victims Unit s02e10 Episode Script
Consent
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.
Guy's a slacker.
Didn't contribute, showed up late.
Study group didn't need the dead weight.
What'd you do? Tossed him out on his pompous ass.
Hey, there's that bum again.
What's he up to? Probably fertilizing the bushes.
Hey, Harry.
Where you going, Harry? Oh, my God.
Oh, man.
Name's Kelly D'leah, student at Hanford.
Couple of joggers found her in the bushes off the campus quad about 7:00 a.
m.
Her condition? Semi-conscious, no panties smell of alcohol on her breath.
Cordoned off the area, called CSU.
Partner's still on scene.
What'd the doctor say? That's him.
Hey, Doc Detectives Benson and Stabler.
What do we got? She's a little vague on the details, but has all the earmarks.
Abrasions to knees, arms, bruising about the pelvis and neck, hickeys.
Rape kit turn up anything? Haven't done it.
Once I started the exam, she refused to proceed.
I was hoping you might be able to persuade her.
Okay.
Just a little longer.
And that should do it.
Okay, Kelly.
The exam's over.
This is a high dose of oral contraceptives.
Birth control pills? The doctor found semen.
What? The rapist didn't use a condom.
No.
The pills will prevent pregnancy.
We'll also give you an antibiotic for any STDs that may have been transmitted.
No.
No, I can't.
You can't what, Kelly? I can't deal with this.
Okay, sweetheart, you don't have to decide right now.
But you will have to within the next day or two or the regimen will be ineffective.
You don't understand I'm a virgin.
Hi, I'm looking for Kelly D'leah.
They brought her in this morning.
Are you a relative? No, her roommate, Dana Kimble.
I just brought her a fresh change of clothes.
Dana.
Detective Stabler.
I came as soon as the hospital called.
How is she? She's still with the doctor.
Tell you what, though.
Come on over here, I'll talk with you, okay? Should be finished soon, but in the meantime do you know where she was last night? She was out with Tess and Jodie, a couple of our sorority sisters.
They said she was still partying at the Beta Lambda house when they left.
What time was that? About 1:30.
They say who they left her with? Joe Templeton and Hank Ludlow.
They friends of hers? I wouldn't exactly call them friends, but I know Joe had a thing for her.
Okay, what's that mean, "thing"? Ever since she shot him down at a rush party last semester he's been on her to go out with him.
Why won't she? She knows his type.
What type is that? He's a player.
You know, she flirts with him to tweak his ego a little bit.
Yeah? She knows where to draw the line.
That's why I got worried when she didn't come home last night.
Okay, excuse me one second, okay? Doctor confirms semen and a torn hymen.
Unfortunately, the victim's a little vague on details.
Blood alcohol's still point 0.
4.
Roommate said she'd been out partying with two frat boys last night.
Let's hope they can explain how she wound up in the bushes.
I got a crime scene here.
Should we rescue Gordy from the campus fuzz? Better, or we'll be here all day.
Look, it'll take as long as it takes.
We need this area cleared for pedestrians.
What's the problem? We got 10,000 students swarming this quad by 9:00 a.
m and your guys are still beating the weeds looking for God knows what.
It's a crime scene, Barney.
They're looking for evidence.
Name's Monroe, Detective and crime scene or not, this is private property.
The city's gonna pay for these shrubs? I arrest you for obstructing justice, the university gonna pay your bail? Just make it quick, will you? What do you got? Used condom handbag with the victim's hairbrush and ID, and this scarf.
Styling.
Bag it all.
Where are the joggers? Up there.
I'm Detective Munch.
This is my partner, Detective Tutuola.
We understand you found her.
She was laying down in the bushes.
At first, I thought she was dead, then I heard her moaning.
She say anything? A name.
Josh, or John.
It was hard to make out.
Anybody else around? Just this little creep who loiters around campus.
What's he look like? Greasy hair, wears an old army coat.
Took off the minute he spotted us.
Where can we find this guy? Want some syrup with those flapjacks there, slappy? I didn't do anything.
Why'd you run? You were chasing me.
You Kelly D'leah? No, it's Harry.
Harry, you're under arrest for possession of stolen property.
So take us through it, Kelly.
Jodie, Tess, and I left the house about a bar near campus.
Is that where you met up with Joe and Hank? Yeah, they invited us to join them at a booth.
How long did you stay? An hour, maybe two.
Then what happened? We went to the Beta house to play video games in Joe's room.
Tell us about Joe.
Not much to tell.
Typical frat rat.
Your roommate said that he had a thing for you.
We flirted, but it's not serious.
What about Hank? You gotta be kidding me.
Did either one of these guys make sexual advances toward you? Not more than usual, but we were just having fun.
How much did you have to drink? One or two glasses of margaritas.
A few sips of beer at the house.
What's the last thing that you remember that night? We were all sitting on the floor, talking, laughing and after that, it gets fuzzy.
What do you mean, "fuzzy?" I remember feeling cold and someone pulling on my hair.
But then, nothing.
I didn't think that I was drinking that much, but I must have been.
This wouldn't have happened if I wasn't, right? Oh, God, what did I do? What did I do? Stellar bio you got here, Harry.
Petty theft, vagrancy.
Even pinched a couple of times for window shopping at the girl's dorm.
I never hurt anybody.
So, why you taking souvenirs? Found them in the bushes.
I was on my way to lost and found to turn them in.
Since when is lost and found in a dumpster? I had to eat first.
Come again? Breakfast leftovers, they get tossed by 11:00.
Wanted to get my eats while they were still hot.
You think this is a joke? No.
No joke.
I go there everyday.
Not anymore.
We got you on possession of stolen property.
And we're a blood test away from nailing your little scruffy ass for rape.
Should've used a condom, Harry.
Please, I can't stand needles.
No needles, please.
Then look, come at us straight and maybe we can work something out.
All right.
I was making my rounds she came out of the house.
What house? Frat house.
She was all wobbly, like she was drunk.
What time? Sun wasn't up, but it was getting light.
I followed her.
She fell down a few times, got up.
Last time, she stayed down.
I went over.
She was out cold.
I took the money the cards.
I never raped anybody.
You sons of bitches.
You said I wouldn't have to take a needle.
Yeah, well, we lied.
What do you think? If he was moving his way up the food chain from peeping Tom to rapist, she would have been an easy mark.
On the other hand, if his blood test comes back negative we're back to square one.
What did you find at the scene? Usual collegiate artifacts, used condom.
But since the rapist left semen Test it anyway.
What about the missing panties? Still missing.
Along with about six hours of memory.
All right, talk to her party companions.
See if we can start filling in some of that missing time.
We got to the house about 11:00.
What'd you do once you got there? We went to Joe's room to play strip poker on his computer.
You been drinking? We were all pretty happy.
But, Kelly was pretty loose.
Really? How loose? She was hanging all over Joe, making a fool of herself.
But what else is new? That happen a lot? She was always glued on somebody.
How long were you at the Beta house? For a while.
But when Kelly stripped down to her bra and panties Tess and I decided to call it a night.
You guys just left her there? She was giving Joe a lap dance.
And Joe? He was lapping it up.
Wouldn't you? Yeah, she had the hot ticket.
And I'd have been happy to punch it for her if she hadn't have puked all over the floor.
Kind of put the old muzzle on Mr.
Happy, if you know what I mean.
Anybody witness this fateful hurl? Yeah, sure.
We set up bleachers and charged admission.
What did you do after the wind went out of your little sail? I left her on my bed to sleep it off.
And I went downstairs to crash on the sofa.
I was in the TV room watching wrestling and Joe came in, threw me a blanket.
Told me we were sleeping there.
You know, luckily, I had a good buzz on.
I passed out on the floor.
And you got no idea how Kelly wound up in the bushes? Look, man, I don't know what this chick told you but I heard she worked her way through the Kappa Sigs before setting her sights on Joe.
So she had it coming? I didn't say that.
But I can tell you for a fact that it wasn't Joe or me.
Harry's blood type doesn't match the semen.
Any luck with her friends? According to her sorority sisters, she was making all the moves.
I thought she was a virgin.
Technically.
Word on campus was, she was doing a lot of practicing for her oral exam.
So she deserves to be raped? We don't even know if those rumors are true.
Yeah, but witnesses said she came on to Joe.
No, witnesses said she flirted.
A lap dance sends a pretty strong signal.
She was drunk.
So was he.
So that excuses him? No, but her behavior's open to interpretation.
She might have played it out and woke up with a case of buyer's remorse.
So now we're blaming the victim? Nobody is blaming her but we all know how hard it is to get an indictment on a he-said, she-said even without the ambiguities.
That was the lab.
Tox screen just came back.
They found traces of GHB in Kelly's urine.
So much for the ambiguities.
Only one reason to slip someone a date rape drug.
Find out who spiked her drink, you find the rapist.
I met with the dean of students.
She said if I don't press criminal charges she can have the university's disciplinary committee handle my case without a public trial.
Rape is a criminal offense.
What if it was my fault? Jodie and Tess said I was half naked when they left.
I don't even remember.
That's because they found GHB in your system.
What's GHB? It's a drug that reduces inhibitions.
The vomiting and the chills were side effects.
You could have died, Kelly.
But I didn't take anything.
Somebody probably slipped it into your drink.
Whoever did this to you took away your ability to consent to have sex.
He raped you.
Who? That's what we're trying to find out.
But we need you to help us.
You said you were drinking margaritas at the bar.
You ever leave your drink unattended? Joe and I got up to dance, and I went to the restroom once.
But both times, I left my glass on the table with everybody else's.
How'd you feel when you left? Fine, I guess.
You go straight to the frat house? Had a beer there? They kept pouring more into my glass.
But, that's when I started to feel dizzy, so I stopped.
Did anybody else join you at the frat, once you got to Joe's room? Wally Parker.
Who's Wally Parker? One of the brothers.
But he didn't stay long.
So, that leaves Hank and Joe.
You think it's one of them? We don't know but for now, why don't we just keep this conversation between us, okay? If anything turns up, we'll let you know.
You know how many frat rats come in here every night? I wonder how many of them are underage.
Suppose we send in an undercover team and see.
It's the Babe.
Who? Bets me $20 against a free beer that he can call a home run at the top of the night like Babe Ruth in the World Series.
Points out a girl, if he bags her, he wins.
What's his batting average? He drinks a lot more than he pays.
He ever take a swing at this one? The other night.
She walked in with a couple other hotties.
Joe was sitting here with his sidekick.
Hank? Yeah.
Joe picked her out and laid down his bet.
Only this time, bets me $50 against a pitcher.
Getting cocky? Ain't cocky if you deliver.
Did he deliver with this one? Half hour later, he's walking her out the door.
I'm telling you, guy's got an eye for the long ball.
Yes, I spoke to Miss D'leah this morning and I gave her my full support.
But you tried to talk her out of pressing criminal charges.
I gave her an alternative to criminal proceedings.
The decision is hers.
How exactly does this disciplinary committee of yours work? It's composed of three students and three faculty.
Each presents their case, along with three other witnesses then the committee deliberates and renders a decision.
What kind of sentences do you hand down for rape? Since we don't have criminal jurisdiction, we can't incarcerate.
However, we can suspend, and, if warranted, expel.
Has Joe Templeton or Hank Ludlow been involved in a case like this before? I'm not at liberty to say.
Dean Richter, you realize we're talking about a girl who's been drugged and raped.
I'm not unsympathetic.
However, I cannot release a student's private records unless I have written permission, or a court order.
Sometimes the thought of Maureen in college scares the hell out of me.
I don't blame you.
Higher education used to mean B.
A.
s and Ph.
D.
s.
Now it's roofies and GHB.
And deans with confidential disciplinary committees.
It's an extension of the loco parentis role of the university.
They prefer to keep these matters in house to save the students the ordeal of a public trial.
And to relieve the school of any public embarrassment.
The dean definitely did not feel comfortable playing public relations which makes me think those student records are gonna tell us a story.
What'll it take to get those records? The university will quash a subpoena without more evidence.
Evidence.
No evidence without those records.
Hell of a catch-22.
If this guy is a sexual predator, chances are he's left other victims.
If we establish a pattern, we've got our probable cause.
Any suggestions? Fin and I made friends with a guy in the campus police department.
We did? Nick, the campus dick.
Maybe, we can appeal to his fraternal sense of brotherhood among cops.
Kelly also mentioned a third guy that was in Joe's room.
Maybe he's worth a shot.
Tell you what, at this point, anything's worth a shot.
All right, I'll see you later.
Wally Parker? Can I talk to you a minute? Is this about Kelly? We heard you were there the other night.
Not for long.
I had a philosophy exam, so I left to study.
Now, before you left, did you have any interaction with Kelly? What do you mean? You talk with her? A little.
She seem lucid to you at the time? She was partying.
Was she dressed? Yeah.
Anything seem out of whack to you? Like what? You tell me.
You either talk to us here, or you talk to us downtown.
Because right now we got you pegged as an accomplice so you'll have plenty of time to test the bonds of brotherhood in criminal court.
About 1:00, I went downstairs for a drink of water I saw Hank and Joe sacked out in the TV room.
And when I went back upstairs, she was in Joe's room by herself, crying.
Over what? She wouldn't say.
Her hair was messed up, and there was vomit on the floor.
She looked like she needed a friend.
I offered to walk her home, and by the time I got my coat she was already gone.
Back to bust my chops? Actually, we came to apologize.
We might have been a little harsh with you the other day.
You know how it is, boss breathing down our necks.
Bad day all around.
We're not all windup cops, you know.
I'm finishing my criminology degree next month and applying to the Feds.
My cousin's a G-man.
I could put in a good word as a professional courtesy.
Why don't you tell me why you're really here? We need some information on a student who may have caused you problems.
Who? Joe Templeton.
You make him for the doer in that rape? Maybe.
We'd like to pull his records but we're having problems getting past the gatekeeper in the ivory tower.
And you want me to ignore university policy to help you make your case? We want you to help us nail a rapist.
Off the record, the guy's a piece of work.
In fact, I take more calls on that house than any other frat on campus.
What's his deal? Last semester, a woman on the swim team claimed he raped her.
Why isn't he in our system? She pressed charges through the university's disciplinary board.
Any details? Templeton got her drunk, did her while she was in a stupor.
Mandy Schumacher? Yes.
I'm Detective Munch.
This is my partner, Detective Tutuola.
Can we talk? Sure.
It was a rush party.
He started hitting on me the minute I walked in.
We danced, and I had a lot to drink.
The only thing I remember is him on top of me, pulling my hair.
I must have blacked out.
Next morning, I woke up with these God-awful hickeys.
I don't even know how I got home.
If you blacked out, how did you know you were raped? I didn't until a few weeks later, when I found out I was pregnant.
I did the math.
It had to be him.
I ended up getting an abortion.
What else could I do? Why didn't you call the police? I spoke with my advisor and a lawyer.
Both agreed that I didn't have much of a case since there was no evidence, and I couldn't remember anything.
So I filed a complaint with the review board.
They found him guilty of conduct unbecoming a student.
He got put on probation for one academic semester.
You run into him since? Yeah, we see each other on campus from time to time.
He even tried to ask me out.
I slapped him.
Now he just snickers when he passes by with his buddies.
It's like being raped all over again.
Final labs from Kelly's rape kit.
In addition to semen, the rapist left behind another little gift.
Gonorrhea.
The gift that keeps on giving.
He either doesn't know he has it, or doesn't care.
How could he not know? Some carriers don't show obvious symptoms.
Which means he could have infected others.
Or still may.
We tie Joe to the GHB, we can arrest him.
We got enough for a search warrant? Not yet.
But we've got enough to secure a subpoena for his records.
And if those records bear out Mandy's testimony that'll give us a search warrant.
Let's go.
I'm sorry, Robert, I'll call you back.
There's your court order directing you to turn over any personal, academic and disciplinary files for the individuals listed.
You can't just walk in here and invade their privacy.
They're not even home.
We can and we are.
Sir, please.
Get out of our way, squirt.
Okay, look what we got here.
Hey.
Blood stains.
Didn't bother to change the sheets.
Guys could be the mother lode.
I'll take it to the lab, we'll have an answer in an hour.
See these graphic representations? Yeah.
Each color represents a chemical with a specific refraction rate.
The graph on the left shows the breakdown of the GHB extracted from the victim's urine.
The graph on the right represents the sample taken from the eyedropper.
What do you see? They look the same.
That's because they are.
The chemical composition of the two samples is identical.
We find out who made it, we find out who drugged our victim.
Right.
How do you make this stuff? The GHB tends to be home-brewed.
Often using cleaning solvent or paint remover as base compounds.
But this batch is uncommonly pure.
Whoever cooked it had access to a lab.
Thanks.
Joe's been a busy guy.
Every one of Mandy's witnesses against Joe has a story to tell none of them flattering.
Gets them drunk, lures them to his room, the hair pulling, the hickeys.
It's like he's following a play book.
According to this, he offered up only two witnesses in his defense.
Hank Ludlow, and his own father, Joseph Templeton Sr.
Now, what's his father doing at a rush party? Character witness only.
Guy must have some heft with the university.
Here we go.
Mentions a chair he endowed at the law school.
Head of an alumni committee, overseeing a building fund.
No wonder little Joey got off with a slap on the wrist.
Not this time.
Go.
Hank Ludlow you're under arrest for possession of GHB, a controlled substance.
Joe Templeton put your hands right there.
You're under arrest for possession of GHB and the rape of Kelly D'leah.
This is ridiculous.
You have the right to remain silent and refuse to answer any questions.
Do you understand? Anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you cannot afford one, one will be I demand to see my son.
I'm sorry, Mr.
Templeton, but he's in with the detectives right now.
I'm his father.
I have a right to be with him.
He's an adult under the law, and in point of fact, you don't have that right.
Do you want me to go over your head? I'm not some college provost you can intimidate with threats.
Now you wanna gun for me, sir, you give it your best shot.
But it won't help your son one damn bit.
You have children, Captain? No.
I just want him to know that he doesn't have to go through this alone.
Then be there for him.
But in the eyes of the law, Joe is responsible for his own actions and this time, he's gonna have to stand on his own two feet.
The eyedropper was a cute idea.
It's not mine.
Then how did it end up in your waste basket? I have no idea.
And the girl's underwear? I already told you that she slept in my bed.
And her blood on your sheets? I can't help you.
The urine sample you gave already has.
It tested positive for gonorrhea.
What? No.
No, I don't have gonorrhea.
Yeah.
Yeah, you do.
And since Kelly was a virgin before you raped her we know that she got it from you.
Circumstantial, at best.
It's good enough for an indictment.
And if his DNA matches the semen from the rape kit he'll be transferring to a campus upstate.
You understand that? Assuming you can get a court order for the blood test.
Please.
We both know that that's just a formality.
Nevertheless we'll wait for the results of that formality before responding to your charges.
Let's go.
Possession of GHB is a schedule one offense.
With your past record What past record? The juvie hit for possession of ecstasy.
That record was expunged after my client finished his community service.
It was expunged on the condition that he keep his nose clean until he was 21.
Your client's only 19.
We'll start with possession, move to acting in concert top it off with rape.
Wait a minute.
Enough with the scare tactics.
What are you offering? What are you selling? I never saw the stuff.
How did it get in your room? I don't know.
But Tess and Jodie were acting weird all night.
They kept topping off Kelly's beer, and calling it a love potion.
I thought they were just trying to get her drunk.
Is your roommate in on this? Yeah.
All I know is after the girls left Joe tossed me a blanket and told me to hit the bricks.
Said he was about to hit another home run.
According to Hank, Joe spent at least a half hour alone with Kelly before he went downstairs to crash.
His statement also implies a conspiracy between Kelly's sorority sisters for which we have no motive and no proof.
Why would her own sorority sisters set her up to be raped? Exactly what the grand jury's gonna ask.
We don't supply an answer, our whole case looks suspect.
If they are involved Tess and Jodie are not gonna be very forthcoming with a motive.
But I know someone who might.
Kelly and Tess didn't get along very well at first.
In fact, Tess tried to get Kelly dinged during pledge week.
"Dinged"? Rejected by the membership.
Why? Look, Dana, I understand that your sisters are pressuring you but your friend was drugged and raped.
Now you need to decide what's more important living with them, or living with yourself.
Joe and Tess were dating last semester.
Kelly was new.
She didn't know.
When Joe checked her out at a rush party, she flirted back.
Tess was furious.
When Joe dumped her, she blamed Kelly.
Tess the type of person to hold a grudge? A few weeks ago, I heard her and Jodie in the bathroom.
Tess found out she had the clap.
She get it from Joe? They were whispering.
All I heard was something about getting even.
Things got a little strange after that.
She started acting really friendly towards Kelly.
You know, even offered to be her big sister.
But behind her back, she was spreading rumors about Kelly and how she was sleeping around.
Tess ever mentioned anything about drugs? No.
Did you ever see her or Jodie handling a clear substance possibly in an eyedropper? I saw them mixing chemicals in their room.
When was that? The night before they went out.
It looked like homework.
Tess was reading from her biochem notebook.
That's Tess's station.
Open it.
Bag everything.
What are you doing? Lab TA said some items are missing from storage, we thought they might have been misplaced in your drawer here.
Perhaps you could save us the trouble.
You been out for a little jog? What are you doing in my room? It's all in the warrant.
This is harassment.
So sue me.
You're a biochem major, aren't you? So? So, how about educating us to what the scientific name for this little formula is? Well? Tess, possession is just the beginning.
Now we prove conspiracy, you're looking at rape.
Rape? You took away her ability to consent.
You'll never prove that.
No? One of your sorority sisters already decided to break the code of silence.
Told us how Joe gave you the clap before he dumped you for Kelly.
I mean, what better way to get back at the little tease than making sure she paid full freight for the ride? And GHB was the ticket.
We traced the chemicals we know where you mixed them.
All we have to do is execute another search warrant and we're gonna have more than what we need to put you and your accomplice away for a very long time.
I better call a lawyer.
Be my guest.
You think she'll take the bait? We'll know soon enough.
Okay.
You bitch.
Prison is no sorority, Jodie.
On the bright side, you still might be young enough to have kids when you get out.
You don't scare me.
What if I told you we have enough evidence to send you to prison? My father would never let that happen.
Your fingerprints on the eyedropper.
Daddy can't help you with that.
Look, Jodie, I was in a sorority, too.
I understand that the bonds of sisterhood run very deep.
But Tess sold you out.
She would never do that.
She made a phone call that put you in the basement.
We know she was the one who had the beef with Kelly.
You just did the dirty work for her.
Look you tell us the truth and we'll try to convince the DA to take your cooperation into consideration.
You don't know Tess.
If she did that to Kelly I'm James Woodrow, Miss Tomlinson's lawyer.
Her father, Justice Tomlinson, sends his regards.
And meanwhile, my client is invoking her constitutional right to keep her mouth shut.
Jodie's lawyer has pulled the plug.
I think he'll reconsider, once he and her father see the evidence.
At least we've got them on possession, possibly rape three, acting in concert.
Now the bad news.
Joe's and Hank's DNA don't match the semen from the rape kit.
Are you sure? Lab checked it twice.
So we got a rape, but we still don't have a rapist.
What about Joe? Doesn't the clap implicate him? Gonorrhea cannot be genetically traced.
So without the DNA This is interesting.
Remember that ugly scarf with all the little fish on it? The one they found in the bushes? Lab lifted two distinct hair fibers from it.
One belongs to Kelly, the other matches the semen.
Looks familiar.
We found it where you fell.
There were hairs on it belonging to you and another person.
The guy who raped me? That's what we believe.
Think hard, Kelly.
This is a very unusual scarf.
You frat boys and your nicknames.
Walleye.
That's a kind of fish, isn't it? That wasn't a very bright move, giving Kelly your scarf.
I didn't.
You saying she stole it? She must have.
From where? I don't know.
You don't know where you keep your clothes? I don't know how she got it.
Why don't we try and figure that one out? You said you were in Joe's room.
I left to study.
I meant later when you found Kelly alone.
Like I said, I offered to walk her home, but she left without me.
The hair fibers on the scarf, match the semen that you left on Kelly.
Why'd you lie, Wally? When I saw her sitting there she looked so sad.
I took her to my room and I brushed the hair back from her face.
And for the first time she looked at me like she actually saw me.
And we sat on my bed and talked and then she kissed me.
And the rest just happened.
I didn't know she was drugged.
I thought she wanted to be with me.
It doesn't matter if Wally knew, it's rape by statute.
Could we offer him a deal? His DNA is the only concrete evidence we have linking rapist to victim.
I can't afford to compromise my case against the others by dealing him out.
Yet, somehow that does not seem right.
The kid goes down because he misread signals? If we offer him a deal, we send mixed signals to the grand jury.
I can't ask them to indict the sorority sisters on rape without offering up a rapist.
The case against Joe that shaky? It's circumstantial.
By itself, it's probably not enough to secure an indictment for acting in concert.
You mean, after all this, there's a chance Joe could walk? Which is why we can't afford to lose Wally as a defendant.
If we can secure indictments across the board I might be in a position to offer him a lesser charge in exchange for his testimony.
I'm nervous.
You're gonna do fine.
Just listen to Alex.
She'll guide you through the testimony, step by step.
Will any of them be in the room? No.
Just you, Alex, and the grand jury.
I hope I'm doing the right thing.
Kelly, you are.
I still can't remember anything.
What if they don't believe me? Just tell them what you know.
The other witnesses will tell them the rest.
Ready? Kelly? I thought you said they wouldn't be here.
They won't be inside.
I promise.
I was lying on my back in the hospital, shaking.
The doctor told me I'd been raped.
I was scared.
It's like someone stealing a piece of your soul.
And even when you find out who, and how you can never get it back.
I may not remember that night but I do remember my life before it and I'll never be that person again.
GHB acts as an intoxicant depressing one's inhibitions and making one extremely pliable.
Does the drug affect one's memory? In nearly all cases, the victim suffers permanent short-term amnesia.
We found a notebook belonging to Tess Michner.
Underneath the heading "Love potion," was a formula for GHB which exactly matched the GHB found in Kelly D'leah's blood.
Now, a few days later base chemicals were discovered in the sorority basement and fingerprints subsequently tied Tess Michner and Jodie Tomlinson to the containers.
I saw Tess and Jodie mixing chemicals in their bedroom the night before they went out with Kelly.
What were they mixing? I don't know.
But they called it a love potion.
They kept laughing and filling Kelly's glass.
Did Joe say anything to you when he sent you from the room? That he was going to hit a home run.
And who was in the room when you left? Just Joe and Kelly.
The examination revealed a torn hymen, semen, and the presence of gonorrhea.
Can gonorrhea be transmitted without leaving semen? Yes, if the individual penetrates without ejaculating.
DNA analysis matched the semen to Wallace Parker.
However, that semen was free of gonorrhea.
What does that suggest to you, doctor? Someone else infected Kelly D'leah.
We discovered underwear stuffed between Joe's bed and wall.
Blood spots on his sheets also belonged to Kelly D'leah.
The crime lab analyzed a sample of Joe Templeton's urine.
What did they report? He was infected with gonorrhea.
How we doing? About as well as could be expected.
How are you holding up? All right, I guess.
You wanted to see us? Wally's lawyer served us with a cross 190.
50.
What's that? It means that Wally is exercising his right to testify in front of a grand jury.
What's he have to say? I don't know.
I was hoping you could tell me.
I told you, I don't remember anything.
I don't think Wally's lawyer would risk a grand jury appearance if he didn't think his client could be persuasive in an argument.
A DNA match will make anyone desperate.
Unless there's a mitigating explanation.
Can you think of anything that might have happened that night to lead Wally to believe his advances were welcomed? Anything that might be construed as consent? I can't remember.
Okay, what about before that night? Think hard, Kelly.
Did you ever flirt with him even just a little? No.
Well, maybe.
Tell me.
We had a couple classes together.
He was a whiz at the classics so I invited him for coffee a few times afterward just to pick his brain.
You know And yes, I knew he had a crush on me but I never What? That doesn't mean I'm a slut.
Kelly, we know.
It's just, it might give them the ammunition they need to plead innocent.
I knew I shouldn't have gone through with this.
Okay.
So what can you do? Well after he makes his statement, I get to cross examine him.
Don't worry, I'll go after him.
It began as a friendship and became something more, that night.
We had sex.
But I didn't know she was drugged.
I swear, I didn't know.
Mr.
Parker, just a couple of questions for clarification.
You saw the vomit on the floor.
Yes.
You saw her disheveled appearance.
Yes.
Her matted hair, the watering eyes.
Yes.
And you still didn't know she was under the influence when you asked her into your room? I thought she was tired.
Tired? Upset, maybe.
She looked sad.
And you took that as an invitation to have sex? No, I mean Did she say she wanted to have sex with you? She flirted with me.
When? In class, at the coffee shop.
Did she say she wanted to have sex with you then? No.
Did she say she wanted to have sex with you the night that you took her into your room? She didn't have to.
I'll take that as a no.
She kissed me.
And you took that kiss as the green light to go ahead? She never said no.
Her shirt was stained with vomit her hair was matted, her eyes were blurry and you still thought she wanted to have sex? Yes.
I guess it was just your lucky night.
What is taking so long? Don't read too much into it.
They have a lot of evidence to sift through a lot of testimony to consider.
Hey.
So? The grand jury indicted Tess and Jodie on possession but they didn't return charges against Wally or Joe.
They're saying I wasn't raped? But what about the semen, the gonorrhea, the hickeys? Apparently, the grand jury split on the issue of consent they believed that you were drugged, but they didn't believe that the guys knew.
On the other hand, the dean expelled them all.
Hardly seems worth it.
Kelly, you did the right thing.
I never took those pills the doctor gave me.
I don't know why, but I just I couldn't.
What if I'm pregnant? I'm probably not the best person to ask.
What about my parents? I haven't told them yet.
Might be a good time, huh?
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.
Guy's a slacker.
Didn't contribute, showed up late.
Study group didn't need the dead weight.
What'd you do? Tossed him out on his pompous ass.
Hey, there's that bum again.
What's he up to? Probably fertilizing the bushes.
Hey, Harry.
Where you going, Harry? Oh, my God.
Oh, man.
Name's Kelly D'leah, student at Hanford.
Couple of joggers found her in the bushes off the campus quad about 7:00 a.
m.
Her condition? Semi-conscious, no panties smell of alcohol on her breath.
Cordoned off the area, called CSU.
Partner's still on scene.
What'd the doctor say? That's him.
Hey, Doc Detectives Benson and Stabler.
What do we got? She's a little vague on the details, but has all the earmarks.
Abrasions to knees, arms, bruising about the pelvis and neck, hickeys.
Rape kit turn up anything? Haven't done it.
Once I started the exam, she refused to proceed.
I was hoping you might be able to persuade her.
Okay.
Just a little longer.
And that should do it.
Okay, Kelly.
The exam's over.
This is a high dose of oral contraceptives.
Birth control pills? The doctor found semen.
What? The rapist didn't use a condom.
No.
The pills will prevent pregnancy.
We'll also give you an antibiotic for any STDs that may have been transmitted.
No.
No, I can't.
You can't what, Kelly? I can't deal with this.
Okay, sweetheart, you don't have to decide right now.
But you will have to within the next day or two or the regimen will be ineffective.
You don't understand I'm a virgin.
Hi, I'm looking for Kelly D'leah.
They brought her in this morning.
Are you a relative? No, her roommate, Dana Kimble.
I just brought her a fresh change of clothes.
Dana.
Detective Stabler.
I came as soon as the hospital called.
How is she? She's still with the doctor.
Tell you what, though.
Come on over here, I'll talk with you, okay? Should be finished soon, but in the meantime do you know where she was last night? She was out with Tess and Jodie, a couple of our sorority sisters.
They said she was still partying at the Beta Lambda house when they left.
What time was that? About 1:30.
They say who they left her with? Joe Templeton and Hank Ludlow.
They friends of hers? I wouldn't exactly call them friends, but I know Joe had a thing for her.
Okay, what's that mean, "thing"? Ever since she shot him down at a rush party last semester he's been on her to go out with him.
Why won't she? She knows his type.
What type is that? He's a player.
You know, she flirts with him to tweak his ego a little bit.
Yeah? She knows where to draw the line.
That's why I got worried when she didn't come home last night.
Okay, excuse me one second, okay? Doctor confirms semen and a torn hymen.
Unfortunately, the victim's a little vague on details.
Blood alcohol's still point 0.
4.
Roommate said she'd been out partying with two frat boys last night.
Let's hope they can explain how she wound up in the bushes.
I got a crime scene here.
Should we rescue Gordy from the campus fuzz? Better, or we'll be here all day.
Look, it'll take as long as it takes.
We need this area cleared for pedestrians.
What's the problem? We got 10,000 students swarming this quad by 9:00 a.
m and your guys are still beating the weeds looking for God knows what.
It's a crime scene, Barney.
They're looking for evidence.
Name's Monroe, Detective and crime scene or not, this is private property.
The city's gonna pay for these shrubs? I arrest you for obstructing justice, the university gonna pay your bail? Just make it quick, will you? What do you got? Used condom handbag with the victim's hairbrush and ID, and this scarf.
Styling.
Bag it all.
Where are the joggers? Up there.
I'm Detective Munch.
This is my partner, Detective Tutuola.
We understand you found her.
She was laying down in the bushes.
At first, I thought she was dead, then I heard her moaning.
She say anything? A name.
Josh, or John.
It was hard to make out.
Anybody else around? Just this little creep who loiters around campus.
What's he look like? Greasy hair, wears an old army coat.
Took off the minute he spotted us.
Where can we find this guy? Want some syrup with those flapjacks there, slappy? I didn't do anything.
Why'd you run? You were chasing me.
You Kelly D'leah? No, it's Harry.
Harry, you're under arrest for possession of stolen property.
So take us through it, Kelly.
Jodie, Tess, and I left the house about a bar near campus.
Is that where you met up with Joe and Hank? Yeah, they invited us to join them at a booth.
How long did you stay? An hour, maybe two.
Then what happened? We went to the Beta house to play video games in Joe's room.
Tell us about Joe.
Not much to tell.
Typical frat rat.
Your roommate said that he had a thing for you.
We flirted, but it's not serious.
What about Hank? You gotta be kidding me.
Did either one of these guys make sexual advances toward you? Not more than usual, but we were just having fun.
How much did you have to drink? One or two glasses of margaritas.
A few sips of beer at the house.
What's the last thing that you remember that night? We were all sitting on the floor, talking, laughing and after that, it gets fuzzy.
What do you mean, "fuzzy?" I remember feeling cold and someone pulling on my hair.
But then, nothing.
I didn't think that I was drinking that much, but I must have been.
This wouldn't have happened if I wasn't, right? Oh, God, what did I do? What did I do? Stellar bio you got here, Harry.
Petty theft, vagrancy.
Even pinched a couple of times for window shopping at the girl's dorm.
I never hurt anybody.
So, why you taking souvenirs? Found them in the bushes.
I was on my way to lost and found to turn them in.
Since when is lost and found in a dumpster? I had to eat first.
Come again? Breakfast leftovers, they get tossed by 11:00.
Wanted to get my eats while they were still hot.
You think this is a joke? No.
No joke.
I go there everyday.
Not anymore.
We got you on possession of stolen property.
And we're a blood test away from nailing your little scruffy ass for rape.
Should've used a condom, Harry.
Please, I can't stand needles.
No needles, please.
Then look, come at us straight and maybe we can work something out.
All right.
I was making my rounds she came out of the house.
What house? Frat house.
She was all wobbly, like she was drunk.
What time? Sun wasn't up, but it was getting light.
I followed her.
She fell down a few times, got up.
Last time, she stayed down.
I went over.
She was out cold.
I took the money the cards.
I never raped anybody.
You sons of bitches.
You said I wouldn't have to take a needle.
Yeah, well, we lied.
What do you think? If he was moving his way up the food chain from peeping Tom to rapist, she would have been an easy mark.
On the other hand, if his blood test comes back negative we're back to square one.
What did you find at the scene? Usual collegiate artifacts, used condom.
But since the rapist left semen Test it anyway.
What about the missing panties? Still missing.
Along with about six hours of memory.
All right, talk to her party companions.
See if we can start filling in some of that missing time.
We got to the house about 11:00.
What'd you do once you got there? We went to Joe's room to play strip poker on his computer.
You been drinking? We were all pretty happy.
But, Kelly was pretty loose.
Really? How loose? She was hanging all over Joe, making a fool of herself.
But what else is new? That happen a lot? She was always glued on somebody.
How long were you at the Beta house? For a while.
But when Kelly stripped down to her bra and panties Tess and I decided to call it a night.
You guys just left her there? She was giving Joe a lap dance.
And Joe? He was lapping it up.
Wouldn't you? Yeah, she had the hot ticket.
And I'd have been happy to punch it for her if she hadn't have puked all over the floor.
Kind of put the old muzzle on Mr.
Happy, if you know what I mean.
Anybody witness this fateful hurl? Yeah, sure.
We set up bleachers and charged admission.
What did you do after the wind went out of your little sail? I left her on my bed to sleep it off.
And I went downstairs to crash on the sofa.
I was in the TV room watching wrestling and Joe came in, threw me a blanket.
Told me we were sleeping there.
You know, luckily, I had a good buzz on.
I passed out on the floor.
And you got no idea how Kelly wound up in the bushes? Look, man, I don't know what this chick told you but I heard she worked her way through the Kappa Sigs before setting her sights on Joe.
So she had it coming? I didn't say that.
But I can tell you for a fact that it wasn't Joe or me.
Harry's blood type doesn't match the semen.
Any luck with her friends? According to her sorority sisters, she was making all the moves.
I thought she was a virgin.
Technically.
Word on campus was, she was doing a lot of practicing for her oral exam.
So she deserves to be raped? We don't even know if those rumors are true.
Yeah, but witnesses said she came on to Joe.
No, witnesses said she flirted.
A lap dance sends a pretty strong signal.
She was drunk.
So was he.
So that excuses him? No, but her behavior's open to interpretation.
She might have played it out and woke up with a case of buyer's remorse.
So now we're blaming the victim? Nobody is blaming her but we all know how hard it is to get an indictment on a he-said, she-said even without the ambiguities.
That was the lab.
Tox screen just came back.
They found traces of GHB in Kelly's urine.
So much for the ambiguities.
Only one reason to slip someone a date rape drug.
Find out who spiked her drink, you find the rapist.
I met with the dean of students.
She said if I don't press criminal charges she can have the university's disciplinary committee handle my case without a public trial.
Rape is a criminal offense.
What if it was my fault? Jodie and Tess said I was half naked when they left.
I don't even remember.
That's because they found GHB in your system.
What's GHB? It's a drug that reduces inhibitions.
The vomiting and the chills were side effects.
You could have died, Kelly.
But I didn't take anything.
Somebody probably slipped it into your drink.
Whoever did this to you took away your ability to consent to have sex.
He raped you.
Who? That's what we're trying to find out.
But we need you to help us.
You said you were drinking margaritas at the bar.
You ever leave your drink unattended? Joe and I got up to dance, and I went to the restroom once.
But both times, I left my glass on the table with everybody else's.
How'd you feel when you left? Fine, I guess.
You go straight to the frat house? Had a beer there? They kept pouring more into my glass.
But, that's when I started to feel dizzy, so I stopped.
Did anybody else join you at the frat, once you got to Joe's room? Wally Parker.
Who's Wally Parker? One of the brothers.
But he didn't stay long.
So, that leaves Hank and Joe.
You think it's one of them? We don't know but for now, why don't we just keep this conversation between us, okay? If anything turns up, we'll let you know.
You know how many frat rats come in here every night? I wonder how many of them are underage.
Suppose we send in an undercover team and see.
It's the Babe.
Who? Bets me $20 against a free beer that he can call a home run at the top of the night like Babe Ruth in the World Series.
Points out a girl, if he bags her, he wins.
What's his batting average? He drinks a lot more than he pays.
He ever take a swing at this one? The other night.
She walked in with a couple other hotties.
Joe was sitting here with his sidekick.
Hank? Yeah.
Joe picked her out and laid down his bet.
Only this time, bets me $50 against a pitcher.
Getting cocky? Ain't cocky if you deliver.
Did he deliver with this one? Half hour later, he's walking her out the door.
I'm telling you, guy's got an eye for the long ball.
Yes, I spoke to Miss D'leah this morning and I gave her my full support.
But you tried to talk her out of pressing criminal charges.
I gave her an alternative to criminal proceedings.
The decision is hers.
How exactly does this disciplinary committee of yours work? It's composed of three students and three faculty.
Each presents their case, along with three other witnesses then the committee deliberates and renders a decision.
What kind of sentences do you hand down for rape? Since we don't have criminal jurisdiction, we can't incarcerate.
However, we can suspend, and, if warranted, expel.
Has Joe Templeton or Hank Ludlow been involved in a case like this before? I'm not at liberty to say.
Dean Richter, you realize we're talking about a girl who's been drugged and raped.
I'm not unsympathetic.
However, I cannot release a student's private records unless I have written permission, or a court order.
Sometimes the thought of Maureen in college scares the hell out of me.
I don't blame you.
Higher education used to mean B.
A.
s and Ph.
D.
s.
Now it's roofies and GHB.
And deans with confidential disciplinary committees.
It's an extension of the loco parentis role of the university.
They prefer to keep these matters in house to save the students the ordeal of a public trial.
And to relieve the school of any public embarrassment.
The dean definitely did not feel comfortable playing public relations which makes me think those student records are gonna tell us a story.
What'll it take to get those records? The university will quash a subpoena without more evidence.
Evidence.
No evidence without those records.
Hell of a catch-22.
If this guy is a sexual predator, chances are he's left other victims.
If we establish a pattern, we've got our probable cause.
Any suggestions? Fin and I made friends with a guy in the campus police department.
We did? Nick, the campus dick.
Maybe, we can appeal to his fraternal sense of brotherhood among cops.
Kelly also mentioned a third guy that was in Joe's room.
Maybe he's worth a shot.
Tell you what, at this point, anything's worth a shot.
All right, I'll see you later.
Wally Parker? Can I talk to you a minute? Is this about Kelly? We heard you were there the other night.
Not for long.
I had a philosophy exam, so I left to study.
Now, before you left, did you have any interaction with Kelly? What do you mean? You talk with her? A little.
She seem lucid to you at the time? She was partying.
Was she dressed? Yeah.
Anything seem out of whack to you? Like what? You tell me.
You either talk to us here, or you talk to us downtown.
Because right now we got you pegged as an accomplice so you'll have plenty of time to test the bonds of brotherhood in criminal court.
About 1:00, I went downstairs for a drink of water I saw Hank and Joe sacked out in the TV room.
And when I went back upstairs, she was in Joe's room by herself, crying.
Over what? She wouldn't say.
Her hair was messed up, and there was vomit on the floor.
She looked like she needed a friend.
I offered to walk her home, and by the time I got my coat she was already gone.
Back to bust my chops? Actually, we came to apologize.
We might have been a little harsh with you the other day.
You know how it is, boss breathing down our necks.
Bad day all around.
We're not all windup cops, you know.
I'm finishing my criminology degree next month and applying to the Feds.
My cousin's a G-man.
I could put in a good word as a professional courtesy.
Why don't you tell me why you're really here? We need some information on a student who may have caused you problems.
Who? Joe Templeton.
You make him for the doer in that rape? Maybe.
We'd like to pull his records but we're having problems getting past the gatekeeper in the ivory tower.
And you want me to ignore university policy to help you make your case? We want you to help us nail a rapist.
Off the record, the guy's a piece of work.
In fact, I take more calls on that house than any other frat on campus.
What's his deal? Last semester, a woman on the swim team claimed he raped her.
Why isn't he in our system? She pressed charges through the university's disciplinary board.
Any details? Templeton got her drunk, did her while she was in a stupor.
Mandy Schumacher? Yes.
I'm Detective Munch.
This is my partner, Detective Tutuola.
Can we talk? Sure.
It was a rush party.
He started hitting on me the minute I walked in.
We danced, and I had a lot to drink.
The only thing I remember is him on top of me, pulling my hair.
I must have blacked out.
Next morning, I woke up with these God-awful hickeys.
I don't even know how I got home.
If you blacked out, how did you know you were raped? I didn't until a few weeks later, when I found out I was pregnant.
I did the math.
It had to be him.
I ended up getting an abortion.
What else could I do? Why didn't you call the police? I spoke with my advisor and a lawyer.
Both agreed that I didn't have much of a case since there was no evidence, and I couldn't remember anything.
So I filed a complaint with the review board.
They found him guilty of conduct unbecoming a student.
He got put on probation for one academic semester.
You run into him since? Yeah, we see each other on campus from time to time.
He even tried to ask me out.
I slapped him.
Now he just snickers when he passes by with his buddies.
It's like being raped all over again.
Final labs from Kelly's rape kit.
In addition to semen, the rapist left behind another little gift.
Gonorrhea.
The gift that keeps on giving.
He either doesn't know he has it, or doesn't care.
How could he not know? Some carriers don't show obvious symptoms.
Which means he could have infected others.
Or still may.
We tie Joe to the GHB, we can arrest him.
We got enough for a search warrant? Not yet.
But we've got enough to secure a subpoena for his records.
And if those records bear out Mandy's testimony that'll give us a search warrant.
Let's go.
I'm sorry, Robert, I'll call you back.
There's your court order directing you to turn over any personal, academic and disciplinary files for the individuals listed.
You can't just walk in here and invade their privacy.
They're not even home.
We can and we are.
Sir, please.
Get out of our way, squirt.
Okay, look what we got here.
Hey.
Blood stains.
Didn't bother to change the sheets.
Guys could be the mother lode.
I'll take it to the lab, we'll have an answer in an hour.
See these graphic representations? Yeah.
Each color represents a chemical with a specific refraction rate.
The graph on the left shows the breakdown of the GHB extracted from the victim's urine.
The graph on the right represents the sample taken from the eyedropper.
What do you see? They look the same.
That's because they are.
The chemical composition of the two samples is identical.
We find out who made it, we find out who drugged our victim.
Right.
How do you make this stuff? The GHB tends to be home-brewed.
Often using cleaning solvent or paint remover as base compounds.
But this batch is uncommonly pure.
Whoever cooked it had access to a lab.
Thanks.
Joe's been a busy guy.
Every one of Mandy's witnesses against Joe has a story to tell none of them flattering.
Gets them drunk, lures them to his room, the hair pulling, the hickeys.
It's like he's following a play book.
According to this, he offered up only two witnesses in his defense.
Hank Ludlow, and his own father, Joseph Templeton Sr.
Now, what's his father doing at a rush party? Character witness only.
Guy must have some heft with the university.
Here we go.
Mentions a chair he endowed at the law school.
Head of an alumni committee, overseeing a building fund.
No wonder little Joey got off with a slap on the wrist.
Not this time.
Go.
Hank Ludlow you're under arrest for possession of GHB, a controlled substance.
Joe Templeton put your hands right there.
You're under arrest for possession of GHB and the rape of Kelly D'leah.
This is ridiculous.
You have the right to remain silent and refuse to answer any questions.
Do you understand? Anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you cannot afford one, one will be I demand to see my son.
I'm sorry, Mr.
Templeton, but he's in with the detectives right now.
I'm his father.
I have a right to be with him.
He's an adult under the law, and in point of fact, you don't have that right.
Do you want me to go over your head? I'm not some college provost you can intimidate with threats.
Now you wanna gun for me, sir, you give it your best shot.
But it won't help your son one damn bit.
You have children, Captain? No.
I just want him to know that he doesn't have to go through this alone.
Then be there for him.
But in the eyes of the law, Joe is responsible for his own actions and this time, he's gonna have to stand on his own two feet.
The eyedropper was a cute idea.
It's not mine.
Then how did it end up in your waste basket? I have no idea.
And the girl's underwear? I already told you that she slept in my bed.
And her blood on your sheets? I can't help you.
The urine sample you gave already has.
It tested positive for gonorrhea.
What? No.
No, I don't have gonorrhea.
Yeah.
Yeah, you do.
And since Kelly was a virgin before you raped her we know that she got it from you.
Circumstantial, at best.
It's good enough for an indictment.
And if his DNA matches the semen from the rape kit he'll be transferring to a campus upstate.
You understand that? Assuming you can get a court order for the blood test.
Please.
We both know that that's just a formality.
Nevertheless we'll wait for the results of that formality before responding to your charges.
Let's go.
Possession of GHB is a schedule one offense.
With your past record What past record? The juvie hit for possession of ecstasy.
That record was expunged after my client finished his community service.
It was expunged on the condition that he keep his nose clean until he was 21.
Your client's only 19.
We'll start with possession, move to acting in concert top it off with rape.
Wait a minute.
Enough with the scare tactics.
What are you offering? What are you selling? I never saw the stuff.
How did it get in your room? I don't know.
But Tess and Jodie were acting weird all night.
They kept topping off Kelly's beer, and calling it a love potion.
I thought they were just trying to get her drunk.
Is your roommate in on this? Yeah.
All I know is after the girls left Joe tossed me a blanket and told me to hit the bricks.
Said he was about to hit another home run.
According to Hank, Joe spent at least a half hour alone with Kelly before he went downstairs to crash.
His statement also implies a conspiracy between Kelly's sorority sisters for which we have no motive and no proof.
Why would her own sorority sisters set her up to be raped? Exactly what the grand jury's gonna ask.
We don't supply an answer, our whole case looks suspect.
If they are involved Tess and Jodie are not gonna be very forthcoming with a motive.
But I know someone who might.
Kelly and Tess didn't get along very well at first.
In fact, Tess tried to get Kelly dinged during pledge week.
"Dinged"? Rejected by the membership.
Why? Look, Dana, I understand that your sisters are pressuring you but your friend was drugged and raped.
Now you need to decide what's more important living with them, or living with yourself.
Joe and Tess were dating last semester.
Kelly was new.
She didn't know.
When Joe checked her out at a rush party, she flirted back.
Tess was furious.
When Joe dumped her, she blamed Kelly.
Tess the type of person to hold a grudge? A few weeks ago, I heard her and Jodie in the bathroom.
Tess found out she had the clap.
She get it from Joe? They were whispering.
All I heard was something about getting even.
Things got a little strange after that.
She started acting really friendly towards Kelly.
You know, even offered to be her big sister.
But behind her back, she was spreading rumors about Kelly and how she was sleeping around.
Tess ever mentioned anything about drugs? No.
Did you ever see her or Jodie handling a clear substance possibly in an eyedropper? I saw them mixing chemicals in their room.
When was that? The night before they went out.
It looked like homework.
Tess was reading from her biochem notebook.
That's Tess's station.
Open it.
Bag everything.
What are you doing? Lab TA said some items are missing from storage, we thought they might have been misplaced in your drawer here.
Perhaps you could save us the trouble.
You been out for a little jog? What are you doing in my room? It's all in the warrant.
This is harassment.
So sue me.
You're a biochem major, aren't you? So? So, how about educating us to what the scientific name for this little formula is? Well? Tess, possession is just the beginning.
Now we prove conspiracy, you're looking at rape.
Rape? You took away her ability to consent.
You'll never prove that.
No? One of your sorority sisters already decided to break the code of silence.
Told us how Joe gave you the clap before he dumped you for Kelly.
I mean, what better way to get back at the little tease than making sure she paid full freight for the ride? And GHB was the ticket.
We traced the chemicals we know where you mixed them.
All we have to do is execute another search warrant and we're gonna have more than what we need to put you and your accomplice away for a very long time.
I better call a lawyer.
Be my guest.
You think she'll take the bait? We'll know soon enough.
Okay.
You bitch.
Prison is no sorority, Jodie.
On the bright side, you still might be young enough to have kids when you get out.
You don't scare me.
What if I told you we have enough evidence to send you to prison? My father would never let that happen.
Your fingerprints on the eyedropper.
Daddy can't help you with that.
Look, Jodie, I was in a sorority, too.
I understand that the bonds of sisterhood run very deep.
But Tess sold you out.
She would never do that.
She made a phone call that put you in the basement.
We know she was the one who had the beef with Kelly.
You just did the dirty work for her.
Look you tell us the truth and we'll try to convince the DA to take your cooperation into consideration.
You don't know Tess.
If she did that to Kelly I'm James Woodrow, Miss Tomlinson's lawyer.
Her father, Justice Tomlinson, sends his regards.
And meanwhile, my client is invoking her constitutional right to keep her mouth shut.
Jodie's lawyer has pulled the plug.
I think he'll reconsider, once he and her father see the evidence.
At least we've got them on possession, possibly rape three, acting in concert.
Now the bad news.
Joe's and Hank's DNA don't match the semen from the rape kit.
Are you sure? Lab checked it twice.
So we got a rape, but we still don't have a rapist.
What about Joe? Doesn't the clap implicate him? Gonorrhea cannot be genetically traced.
So without the DNA This is interesting.
Remember that ugly scarf with all the little fish on it? The one they found in the bushes? Lab lifted two distinct hair fibers from it.
One belongs to Kelly, the other matches the semen.
Looks familiar.
We found it where you fell.
There were hairs on it belonging to you and another person.
The guy who raped me? That's what we believe.
Think hard, Kelly.
This is a very unusual scarf.
You frat boys and your nicknames.
Walleye.
That's a kind of fish, isn't it? That wasn't a very bright move, giving Kelly your scarf.
I didn't.
You saying she stole it? She must have.
From where? I don't know.
You don't know where you keep your clothes? I don't know how she got it.
Why don't we try and figure that one out? You said you were in Joe's room.
I left to study.
I meant later when you found Kelly alone.
Like I said, I offered to walk her home, but she left without me.
The hair fibers on the scarf, match the semen that you left on Kelly.
Why'd you lie, Wally? When I saw her sitting there she looked so sad.
I took her to my room and I brushed the hair back from her face.
And for the first time she looked at me like she actually saw me.
And we sat on my bed and talked and then she kissed me.
And the rest just happened.
I didn't know she was drugged.
I thought she wanted to be with me.
It doesn't matter if Wally knew, it's rape by statute.
Could we offer him a deal? His DNA is the only concrete evidence we have linking rapist to victim.
I can't afford to compromise my case against the others by dealing him out.
Yet, somehow that does not seem right.
The kid goes down because he misread signals? If we offer him a deal, we send mixed signals to the grand jury.
I can't ask them to indict the sorority sisters on rape without offering up a rapist.
The case against Joe that shaky? It's circumstantial.
By itself, it's probably not enough to secure an indictment for acting in concert.
You mean, after all this, there's a chance Joe could walk? Which is why we can't afford to lose Wally as a defendant.
If we can secure indictments across the board I might be in a position to offer him a lesser charge in exchange for his testimony.
I'm nervous.
You're gonna do fine.
Just listen to Alex.
She'll guide you through the testimony, step by step.
Will any of them be in the room? No.
Just you, Alex, and the grand jury.
I hope I'm doing the right thing.
Kelly, you are.
I still can't remember anything.
What if they don't believe me? Just tell them what you know.
The other witnesses will tell them the rest.
Ready? Kelly? I thought you said they wouldn't be here.
They won't be inside.
I promise.
I was lying on my back in the hospital, shaking.
The doctor told me I'd been raped.
I was scared.
It's like someone stealing a piece of your soul.
And even when you find out who, and how you can never get it back.
I may not remember that night but I do remember my life before it and I'll never be that person again.
GHB acts as an intoxicant depressing one's inhibitions and making one extremely pliable.
Does the drug affect one's memory? In nearly all cases, the victim suffers permanent short-term amnesia.
We found a notebook belonging to Tess Michner.
Underneath the heading "Love potion," was a formula for GHB which exactly matched the GHB found in Kelly D'leah's blood.
Now, a few days later base chemicals were discovered in the sorority basement and fingerprints subsequently tied Tess Michner and Jodie Tomlinson to the containers.
I saw Tess and Jodie mixing chemicals in their bedroom the night before they went out with Kelly.
What were they mixing? I don't know.
But they called it a love potion.
They kept laughing and filling Kelly's glass.
Did Joe say anything to you when he sent you from the room? That he was going to hit a home run.
And who was in the room when you left? Just Joe and Kelly.
The examination revealed a torn hymen, semen, and the presence of gonorrhea.
Can gonorrhea be transmitted without leaving semen? Yes, if the individual penetrates without ejaculating.
DNA analysis matched the semen to Wallace Parker.
However, that semen was free of gonorrhea.
What does that suggest to you, doctor? Someone else infected Kelly D'leah.
We discovered underwear stuffed between Joe's bed and wall.
Blood spots on his sheets also belonged to Kelly D'leah.
The crime lab analyzed a sample of Joe Templeton's urine.
What did they report? He was infected with gonorrhea.
How we doing? About as well as could be expected.
How are you holding up? All right, I guess.
You wanted to see us? Wally's lawyer served us with a cross 190.
50.
What's that? It means that Wally is exercising his right to testify in front of a grand jury.
What's he have to say? I don't know.
I was hoping you could tell me.
I told you, I don't remember anything.
I don't think Wally's lawyer would risk a grand jury appearance if he didn't think his client could be persuasive in an argument.
A DNA match will make anyone desperate.
Unless there's a mitigating explanation.
Can you think of anything that might have happened that night to lead Wally to believe his advances were welcomed? Anything that might be construed as consent? I can't remember.
Okay, what about before that night? Think hard, Kelly.
Did you ever flirt with him even just a little? No.
Well, maybe.
Tell me.
We had a couple classes together.
He was a whiz at the classics so I invited him for coffee a few times afterward just to pick his brain.
You know And yes, I knew he had a crush on me but I never What? That doesn't mean I'm a slut.
Kelly, we know.
It's just, it might give them the ammunition they need to plead innocent.
I knew I shouldn't have gone through with this.
Okay.
So what can you do? Well after he makes his statement, I get to cross examine him.
Don't worry, I'll go after him.
It began as a friendship and became something more, that night.
We had sex.
But I didn't know she was drugged.
I swear, I didn't know.
Mr.
Parker, just a couple of questions for clarification.
You saw the vomit on the floor.
Yes.
You saw her disheveled appearance.
Yes.
Her matted hair, the watering eyes.
Yes.
And you still didn't know she was under the influence when you asked her into your room? I thought she was tired.
Tired? Upset, maybe.
She looked sad.
And you took that as an invitation to have sex? No, I mean Did she say she wanted to have sex with you? She flirted with me.
When? In class, at the coffee shop.
Did she say she wanted to have sex with you then? No.
Did she say she wanted to have sex with you the night that you took her into your room? She didn't have to.
I'll take that as a no.
She kissed me.
And you took that kiss as the green light to go ahead? She never said no.
Her shirt was stained with vomit her hair was matted, her eyes were blurry and you still thought she wanted to have sex? Yes.
I guess it was just your lucky night.
What is taking so long? Don't read too much into it.
They have a lot of evidence to sift through a lot of testimony to consider.
Hey.
So? The grand jury indicted Tess and Jodie on possession but they didn't return charges against Wally or Joe.
They're saying I wasn't raped? But what about the semen, the gonorrhea, the hickeys? Apparently, the grand jury split on the issue of consent they believed that you were drugged, but they didn't believe that the guys knew.
On the other hand, the dean expelled them all.
Hardly seems worth it.
Kelly, you did the right thing.
I never took those pills the doctor gave me.
I don't know why, but I just I couldn't.
What if I'm pregnant? I'm probably not the best person to ask.
What about my parents? I haven't told them yet.
Might be a good time, huh?