Law & Order Special Victims Unit s06e05 Episode Script
Outcry
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.
Took the family to see the Statue of Liberty yesterday.
Give me your tired, your poor, your homicidal taxi drivers Kids loved it.
You know how long her schnoz is? Four and a half feet.
We took the tour, too.
Got us another bum.
Hey! Hey, you in there.
Hey! Oh, lord.
Please, don't hurt me! Nobody's gonna hurt you.
Call an ambulance, Jeff.
Hurry! What the hell are you waiting for? I know her.
Look at this.
She's that girl that's been missing since Friday.
Tandi.
It's Tandi McCain, all right.
Workers found her tied up with duct tape.
They're the ones who called the press? Yeah.
Hotline's been all over the papers and TV.
What is this building? Hudson University's new dorm.
Is Tandi hurt? She's pretty shook up.
All she said is she was raped.
Stop taking photographs, okay? Now, this is my daughter.
If she doesn't wanna go, she doesn't have to go.
Sir, your daughter needs to be seen by a doctor.
I will bring her in later.
I wanna take her home and get her cleaned up.
Her mother is worried sick.
Let's calm down here.
Are you her father? Her stepfather.
Who are you? All right.
I'm Detective Stabler.
My partner, Detective Benson.
You the ones who called these vultures? No, Mr.
McCain, we're here to help.
Look, Tandi's been through enough already.
No, Daddy! Please, just That's it! She's coming with me.
I'm sorry, Mr.
McCain, but Tandi is a minor, and under the Social Services Law, she needs to have a medical examination.
I'm her father! Don't I get a say? Take her to St.
Catherine's.
Daddy, don't let them! Daddy! Daddy, please! It's okay, baby.
I'll meet you there.
TANDl: Daddy, no! I'm sorry, it's what's best for Tandi.
Yeah, well, we'll see about that.
TANDl: Daddy! Daddy, please! Social Services Law? What was that crap? If Tandi goes home, we lose our evidence.
Bastard gets away with it, and he rapes another kid.
Liv, you crossed the line.
That girl is too young and too scared to think for herself.
So you're gonna think for her now, huh? What else could I do? What happened out there, Olivia? Stepfather tried to pull Tandi out of the ambulance.
Liv just did what she had to do to make sure we have a case.
Well, Dad's telling the press you lied to him and deliberately ignored his wishes.
His wishes? I thought we act for the victim, not her parents.
Problem is, now he's threatening to withhold the rape kit.
Why? He's upset, his daughter's traumatized.
They just want this to go away.
Okay.
I'll talk to Tandi.
No.
No, Elliot will.
You bumping me off this case? Look, the dad is madder than hell at you.
Give him some time to calm down.
Tandi's mother is on her way in, talk to her.
Do you really have to put her through this? We do rape kits on every victim.
And if you don't give us permission to use it the chances of IDing the assailant are pretty slim.
You do want us to find him, don't you? Of course I do! Then let her talk about what happened.
All right? It's the best way to deal with it.
All right.
But I'm staying.
Good.
Come on.
Could you give us a minute? Hi, Tandi, I'm Elliot.
Can I ask you a few questions? I told my dad everything.
Can you tell me, too? I was walking to the bus stop, and these men asked me if I wanted to go to a party.
I said no, and they grabbed me, and they dragged me to that room.
How many men? Two or three.
I'm not sure.
Can you describe them? Um It was dark, I don't know.
Well, were they short? Tall? Black? White? TANDl: I don't know.
Can you describe what they were wearing? Some kind of uniform.
Good.
Well, it's Monday.
Now, did they keep you in the same room all day Saturday, Sunday? They said if I tried to escape, they would kill me.
Please, please, I wanna see my mom.
Now, Tandi is still in high school.
What was she doing at Hudson? She's taking an advanced placement course over the summer.
To get college credits? She wants to go to Columbia to major in English and French.
She's bright, works real hard, never causes any trouble.
And she was studying there Friday night? She called to say that she was working late at the library.
By 11:30, we got worried.
Ronald went up to the university to look for her.
I called her friends.
Okay.
So your husband was home with you? Yes.
And who called the police? I did, at around 4:00 a.
m.
Why did you wait so long? I told you, because Ronald was out looking for her.
Why are you making this so hard for us? I'm just trying to help your daughter.
Well, then please let me see her.
Okay.
The rape kit is negative for fluids, but positive for spermicide.
Our attackers used condoms.
Can we prove it was rape? Her thighs are heavily bruised, her hymen is torn.
I mean, she definitely had sex, and she's a virgin.
Any trace evidence of the perps? Construction guys that found her let her clean herself up a bit.
Destroying most of the forensics in the process.
What do you got? Nada from CSU.
The campus security broke up a party at Rochester dorm around 11:30, Friday night.
Where's the dorm? Across the street from where Tandi was found.
Place is crawling with Army cadets taking summer classes in military leadership.
Tandi said her attackers wore uniforms.
When she was heading home from the library to the bus stop here, she had to pass Rochester dorm.
Talk to the dean and everybody who was at that party.
I do regret what happened.
But you shouldn't jump to conclusions just because military personnel live across the street.
We just want to talk to them.
I'm afraid I can't release any names, unless there's direct evidence of their involvement.
My students have a right to privacy, and I have a duty to protect them.
Well, a girl was kidnapped and raped on your campus, Dr.
Lyne.
What's your duty to her? We have our own disciplinary procedures.
If a student is found to have committed an offense, he'll be handed over to the police.
We know all about college procedures.
Rape victims intimidated, persuaded to drop charges I'm sorry.
I will talk to the parents of the cadets who attended this party.
If they wish to make a statement, that's their choice.
Now, you're on private property and I must ask you to leave.
College is closing ranks.
Not tight enough.
Head of campus security was a cop at the 29.
He gave me four names of students he questioned at the party in Rochester dorm Friday night.
And their class schedule.
Great.
We should wait till they leave campus.
Then divide and conquer.
Tony Storr? What is this? Police business.
Did you see this girl Friday night? Yes, sir, I did.
Where? She was at the party at our dorm.
Are you sure? Yeah, she invited herself.
She's 16, Mr.
Delvecchio.
She said she was 21.
Said to who? I don't know.
Acted like she was 21.
And how did she do that? You know, drinking, dancing, having a good time.
She dance with you, Joe? No, sir.
Well, why not? It's your party.
You're a good-looking guy, she's a nice-looking girl.
I already got a girlfriend.
Was she at the party? No, sir.
Were there any other girls there? A couple, maybe.
You know their names? No, sir.
Just sort of bumped into them.
You see Tandi leave? Nope.
She must've slipped out.
You know, Tandi's face was on the TV, in the newspapers all weekend long.
How come you didn't report seeing her? I guess I just didn't put two and two together.
Yeah, I can see why that'd be a problem for you.
Mr.
O'Connor? Trevor Langan of Henshall and Langan.
Your family's instructed me to act on your behalf.
You have no right to question my client on university property.
Your client is on a city sidewalk.
I can question him all I want.
Did you wear that uniform Friday night? Don't answer that.
Why not? 'Cause it's immaterial.
Not to me.
Well, it is to me, which means this interview is over.
Come on, Mr.
O'Connor.
He give you anything? Yeah.
Tandi was at that party Friday night.
That's what my guy said.
You think that little detail just happened to slip Tandi's mind? Let's go ask her.
Tandi said anything yet? Detectives, have you got any leads? Hey, Elliot.
Hey, Jamie.
Anything you can tell me? Yeah, go home.
You know him? Friends from high school.
Jamie Barrigan.
Tandi's big news.
Yeah.
Till the next big news.
Were you at that party, Tandi? Of course she wasn't.
Some of the people there say she was.
What people? Army cadets.
They're lying! Those are the uniformed bastards that raped her! Tandi, we're on your side.
We just need to know exactly what happened, that's all.
Tell them, baby.
Were you at the party? No! I was walking to the bus stop, and they grabbed me.
Why is everybody telling lies about me? God, I just wish you'd all just leave me alone! All four cadets say Tandi was at the party.
Are you sure she's not lying? Look, even if she was there, it doesn't give anybody the right to rape her.
Anything from the crime scene? Well, CSU just finished doing elimination prints on the family and the site workers, so I wouldn't hold your breath.
Well, I got a press conference tomorrow at 9:00, and I would like not to look like a complete idiot.
Let's use the press.
Give them a little information, see if it kicks up a lead.
Like what? Those four cadets weren't the only ones at that party.
Why hasn't anyone else come forward? You got anybody you can trust? The guy covering the Tandi case for The Ledger.
He's an old buddy of mine.
All right.
The poor kid has been through enough already.
Why do you have to make her life more miserable? Because she's news.
Tens of thousands go missing every year.
What makes Tandi big news? Same reason Chandra Levy and Elizabeth Smart were big news.
They're young, cute and white.
Whatever it takes to sell your paper.
Was there any sexual assault? You know I'm not gonna answer that.
Please, why else would the sex cops be involved? Jamie, I'm not going there.
Are you still focusing on the university? Maybe.
Cadets? You want my help, Elliot, you gotta throw me a bone.
We're interested in talking to anyone who was at a party in Rochester dorm, Friday night.
Well, maybe you should be talking to Tandi.
We hear she was partying up a storm.
Where'd you get that? The cadets' lawyers? They're just trying to dirty up the victim.
So she is a victim? Come on, Elliot, off the record, are you looking at the cadets who threw the party? Off the record? You bet.
What is this? "Student Rape: Cadets Questioned.
" Byline's Jamie Barrigan.
That who you talked to last night? I didn't give him any of this.
Well, he got it.
Now he has named two suspects and outed Tandi as a rape victim to the entire country.
Let me just talk to the son of a bitch.
No! No more talking to the press.
I want to contain the damage, not spread it.
Gotta get up to Washington Heights.
from a cadet's girlfriend.
Please What's going on? Move it! Hey, you.
Detective Tutuola.
Take it easy.
Tell me what happened.
We were walking along the street when these bastards started calling Joe a rapist.
And they chased him into the street and straight into a car.
We get the guys who chased him? They disappeared just as soon as this happened.
Why'd the papers print his picture? He never hurt anyone.
It's okay, Detective, we got him.
Pulse is slow and thready.
We need to scoop and run.
Let's go.
Hospital says Joe Eglee's still unconscious.
He's gonna make it? He's stable.
You can't blame Elliot for this.
I don't, but IAB might.
Just tell them exactly what you told the reporter.
Chief of Detectives, Chief.
Don.
You Stabler? Yes, sir.
Why don't we take this in my office? A high-profile case with the media on it like the measles, and you go and name our main suspects.
I didn't name anybody.
So it's just a coincidence that the paper's quoting a source "close to the investigation"? Why the hell did you do it? We needed a lead, sir.
Reporters can go anywhere cops can, and get people to talk easier.
This one certainly got you talking.
Sir, I authorized Detective Stabler to give the journalist something on background.
I don't believe he gave any names.
Personally, Detective, I'd dump you back into uniform, but that would look like we're admitting guilt.
So we have to back you up.
He can stay on the McCain case, Don, but no contact with the cadets, and zip your mouth around the press.
Elliot, don't beat yourself up over this.
The bastards put that kid in a coma, they out Tandi as a rape victim, I helped them do it.
The press says that Tandi's a public figure.
That makes her fair game.
There's nothing that you can do about it.
Oh, yeah? Come here, you son of a bitch! Hey! Hey! Come on, cool it! Cool it? You nearly got that kid killed.
Are you out of your mind? Hey! I didn't chase him into traffic! You made damn sure somebody did! This is not my fault! Whose fault is it? Some other reporter had the names of the cadets from someone on campus.
My editor just put two and two together.
Yeah, right.
Including that bit about Tandi being raped? The hell with you.
Hey, you're the ones who gave that away, just by being there.
Look, I'm sorry, El.
If I didn't run with the story, somebody else would.
I got a job to do, too, you know.
Whatever.
Might have a lead for you.
We got a tip this morning, some guy owns a bodega near Hudson U.
He says he swears he saw Tandi in his store Saturday afternoon.
And why aren't you splashing that all over your front page? 'Cause we checked our sources.
We can't confirm a word this guy says.
He's got no security cameras, nothing, plus, he's a weirdo.
What's his name? Fred.
Store's called Grummond's.
She was standing right where you are.
That little cutie, Tandi McCall.
Tandi McCain.
And what time was this? She came in, kind of sneaking around, hiding her face.
Bought a soda and a sandwich.
You got a receipt? Yep.
Like I told that reporter, I can sniff out trouble the second it walks in.
Sausage-and-egg sandwich and a can of Club Cola.
Was Tandi alone? Seemed to be, but she was jumpy.
Fred, it's obvious you got a good memory.
You think you'd recognize her again? Sure I could.
Yeah? That's her.
You've been very helpful.
Thank you.
Fin? It's Liv.
Look, can you check the lab for food wrappers and soda cans found at the crime scene? Yeah.
Great, thanks.
Don't get your hopes up.
He didn't recognize Tandi's photo? He recognized my daughter, Kathleen.
Plenty of junk stuffed behind the walls, under the floor.
People use the place like it's a campsite.
But this is definitely from a four-day-old sausage-and-egg sandwich.
You can tell all that from those little bitty crumbs? Nope.
From the label.
Well, what do you know? A partially crushed can of Club Cola.
I guess Fred wasn't as big a flake as Elliot thought.
What else you got? Roll of duct tape.
The end tear matches what Tandi was bound with.
We'll run it all for prints.
I'm sorry, you can't come in.
Tandi's too upset to talk right now.
The whole world knows she was raped, and the papers say you guys gave it up.
That's not true.
We never release the identity of rape victims.
Oh? Well, tell that to those people out there, hanging around here like we're some kind of freak show.
Mr.
McCain, the quickest way to get the press away from here and Tandi back to normal is if she just tells us everything.
She already has! Not quite.
Her fingerprints are on a food wrapper in the room where she was found.
Yeah, so? Maybe the bastards fed her.
Apparently, the food was purchased by Tandi three blocks away from Hudson University on Saturday afternoon.
When, according to Tandi, she was being held captive.
We also found her prints on a roll of tape that she was tied up with.
What are you saying? She tied herself up? We don't know.
That's why we need to talk to her.
Please, Mr.
McCain.
The press are on her side at the moment.
They find out about this, they could turn.
I don't know about any food.
I was held prisoner.
We know that, and nobody's blaming you for what happened.
We just need to understand how you managed to escape.
I didn't! Well, then how did the food get in the room? TANDl: I told somebody I was hungry, and one of them took me to the store.
Did he come in with you? He waited outside.
He said somebody was gonna watch me, and if I said anything, he would kill me.
Tandi, I want you to take a look at these photos.
Tell me if you recognize anyone.
They They said that they know where I live, and they would come after me.
Tandi, I promise that they will never come near you again and we will protect you.
But you've got to help us out, okay? Tandi, look at the photos.
Him.
He's one of the cadets.
What about here on the second page? Stabler.
Yeah.
Him.
Are you sure? They raped me.
Okay.
How do you know that? Okay, okay, okay.
Good enough.
Thanks.
Detective? What's going on? My journalist buddy, trying to make nice with me, says that Channel 3 News has something we're gonna wanna see.
Detectives, this is a videotape of the party at Rochester dorm last Friday night.
Where'd you get this? Confidential source.
We'll be airing it on the 11:00 news.
You can't do that.
This girl is a victim of sexual assault.
Sorry, she's a public figure now, and from the looks of this, I wouldn't call her a victim.
I'm seizing the tape because it's evidence in an on-going inquiry.
It's our property.
I'll get a warrant to seize it, and an injunction to stop you from airing it.
You can't do that.
It's censorship.
I'm protecting a rape victim.
Stay here.
He does anything with that tape, arrest him.
New York's Rape Shield Law protects a rape victim's identity, Your Honor.
Alleged rape victim, Your Honor.
And when you play the tape, you'll see that Tandi McCain was perfectly aware that she was being filmed.
She was intoxicated, and therefore unable to consent.
Also, the tape is evidence in a criminal investigation and should be given to police, not broadcast across the country.
If you're arguing for prior restraint of publication, Ms.
Novak, let me remind you of the First Amendment.
Was the tape legally obtained? Yes, Your Honor, and Channel 3 believes the public has every right to see it.
That's the same self-serving spin a network put on airing the Andrew Luster tapes.
They claimed that people had a right to see a rape victim being violated.
It's salacious, not newsworthy! This video is of genuine public interest, Your Honor, not least because it dramatically contradicts the girl's own statements to the police.
How do we know the video was made the night of the alleged rape? What if it's been edited? We have the only copy.
It has not been edited at all.
And you can prove that? I'm sorry, Ms.
Novak, but the First Amendment trumps all.
However, I'd hate for your station to be sued because it aired a tape from the wrong night.
So you'll surrender it to the NYPD for Anything else? We need the name of the person who shot the tape, Your Honor.
He or she is a material witness to the events leading up to the rape.
The source is covered by journalistic shield, Your Honor.
You get the tape, Ms.
Novak, not the auteur.
Luckily, we got him.
He just doesn't know it.
Watch.
I want you to look to Tandi's right as she moves toward the mirror.
There he is.
Freeze it.
Zoom in.
Can you clean it up? Patience.
Just a few more mouse clicks.
That's Luke Delvecchio.
I interviewed him.
Real bottom-feeder.
There's something else at the end.
See in the background? Yeah, Tandi's leaving the room.
Anybody follow her? Nope.
Tape stops right after that.
So Delvecchio must've seen her leave.
You and Elliot ask Tandi about her performance.
Munch and Fin will bring in the bottom-feeder.
Yeah, I shot the tape.
So what? Why didn't you tell us before? Because I wanted to sell it.
There's nothing wrong with that.
Tandi McCain is 16, so we've got you for promoting the sexual performance of a child.
What are you talking about? That word too big for you? Try "child porn.
" Seven years in Attica.
You're making this up.
Call your attorney.
Ask him.
Or tell us what you did to Tandi and we'll cut you a deal.
I didn't do anything! You saw her leave the party, your perv film stops the moment she walked out! You followed her and you raped her.
I didn't.
She looked sick, so I asked if she was okay.
She told me to leave her alone.
And you did? I went back to the party.
Look, I'm kind of shy around pretty women, all right? Didn't know she was, not till she was on the news.
You knew she was missing.
Why not say something? We could get thrown out of the cadets for giving a minor alcohol.
So you kept quiet.
That's courageous.
I know I should've said something, but I didn't touch her, I swear! She says different, she's lying.
My daughter is telling the truth! We saw the tape, Mr.
McCain.
Tandi was at that party.
Then she was drugged.
She'd never act like that.
People are gonna believe what they see on that tape.
I don't even know how to fight this.
I had to send her to her aunt's to get her away, now she's gonna get crucified on TV.
Please, Mr.
McCain, listen to us.
No, you listen to me.
My wife's at home on bed rest because of the stress, and you'll do anything to make an arrest, even if it means turning my daughter into a slut.
It doesn't matter what was on that tape.
It matters that your daughter was raped.
She doesn't sleep around! We're not saying that.
Look, Mr.
McCain, I know how scary it is being a father to a teenage girl.
Don't you tell me you know how I feel! You don't know jack! You know the most common reason women make false rape allegations? To explain away a consensual sexual encounter when confronted by a boyfriend or a parent.
You son of a bitch.
You accusing my daughter of lying? Hey, Ron.
Is everything okay here? Yeah, fine.
They're just leaving.
This is crap, Liv.
He's covering for her.
She was raped, Elliot, he's trying to protect her.
You'd do the same thing.
I would do anything to find the son of a bitch who did it.
And, you know, let's remember one thing.
That guy is her stepfather.
She's not his kid.
Benson.
Cragen.
Crime lab has something.
Lodine fumes react with skin secretions to bring up latent prints.
She just blows through a tube And the heat of my breath covers the target area with iodine vapor.
A perfect handprint.
Which is exactly what we've got here.
Two clear handprints on the stack of sheetrock.
You know who they belong to? We did elimination prints on the family, got a perfect match.
Tandi's stepdad, Ronald.
He has access to her every day at home, but he drags her out to a building site to rape her? Sure explains why he didn't want us talking to Tandi.
And why she didn't wanna talk to us.
Let's background him, see if there's any dirt.
I do construction, building supply, you know, anything that turns a buck.
And Ron McCain's been with me ever since he came here from Nassau County.
I wish all my people were as loyal.
Any problems? Well, he had a heart attack about a year ago, so I took him off construction, made him foreman of the yard.
I meant problems with his behavior, with the cops.
Anything like that? You gonna tell me what this is all about? Just a routine inquiry.
Yeah? Routine, my ass.
This about Tandi, isn't it? If you people think that Ron McCain had anything to do with this, you must be desperate.
He loves that girl like she was his own.
Tandi's birth father still around? That loser stayed behind eight years ago when they moved here.
Ron have any trouble at home? When he first started dating Alice, he said that things were kind of difficult with Tandi.
What kind of difficult? Oh, there were some allegations.
But he said it all settled down.
July 1995, Nassau County Police Department made a complaint of abuse against you.
That's a crap charge, brought by my wife's ex-husband because he was jealous that I was dating Tandi's mom.
It says right here that the complainant was Tandi Weatherbee, age seven.
Bastard put her up to it.
Keep reading.
Cops investigated, dropped all charges.
Because Tandi withdrew the allegation.
Yes! Is that what this is about? Got tired of attacking my daughter, so you're coming after me? Were you ever in the room where Tandi was raped? No! Why? Because your handprints say that you were.
On the sheetrock right next to where Tandi was found.
We supply sheetrock! It must've ended up in that building! That's quite a coincidence, Ron.
There've gotta be hundreds of other prints in that room besides mine.
I got a better explanation for you.
Tandi's not a girl anymore.
All grown up, beautiful woman, your wife's pregnant, hard not to notice Tandi.
You are sick.
Well, the night she didn't come home, you went looking for her.
Like I told you! But you didn't tell us that you found her.
You saw her coming out of that party.
You wanted to be mad, but she was drunk.
Maybe she was flirting with you a little bit.
Shut up.
So you brought her to the dorm and did what you always wanted to do.
You bastard.
Oh, come on, man, she is a peach.
You're only her stepfather.
What's the big deal, huh? Ronald McCain, you are under arrest for assaulting a police officer.
You all right? You have the right to remain silent.
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 appointed to you.
Do you understand these rights as I have read them to you? McCain was released on bail.
His boss, Mike Tucker, signed the bond.
Nice boss.
I just wish we could've kept McCain locked up while we worked on Tandi.
Maybe.
But if someone had accused me of molesting my kid, I'd wanna beat the crap out of him, too.
What, now you're saying he didn't do it? I don't know.
The only thing I do know is that we're not running this case, the media is.
Tandi McCain was always news, Elliot.
Well, I made her bigger news the second I talked to that journalist.
We're trying to catch the bad guys, they're trying to make headlines.
Different agendas.
Coming up, the truth about what really happened in tonight's top story.
Our exclusive interview with Tandi McCain.
Hey, turn that up, please? You're saying it didn't happen? I made it up.
The whole thing? I stayed out late, and I was afraid I would get in trouble, and everything got out of control.
What the hell? I'm so sorry.
What about the two men you said raped you, one of whom is still in the hospital? Are you sorry about them, too? I really am.
The police made me name them, and they showed me pictures, and Because I want it to end.
I wanna be left alone.
Do your parents support you in this? Yes, we do.
Tandi's been through so much.
That girl sure knows how to cry.
She's not done crying yet.
Arrest her.
Are you sure? She obstructed us every step of the way.
Arrest her.
Captain, how does that help anything? It's gonna stop her lies.
Bring her in.
What charge? Filing a false report.
Where are you taking her, Detectives? Is she under arrest? Tandi, have they arrested you? What's the charge, Detective? Is it because she went on TV? Tandi, you got anything to say? Mr.
McCain, do you have any comments? Why are they taking Tandi away? Are you going down to the precinct? Mr.
McCain, why did Tandi lie? You arrested a rape victim? She said she wasn't raped.
Tandi McCain has done nothing but lie, and she nearly got an innocent kid killed in the process.
We have to send a message.
What, by dragging a teenager out of her home? Look, Liv, every false allegation of rape just makes it harder for the real victims to be believed.
Look, the girl obviously didn't know what she was doing.
She seemed clear enough when she recanted on national TV.
If she was telling the truth.
You're convinced she was raped? We found spermicide, remember? Which could mean she had consensual sex.
Then why was she so traumatized that she hid on a construction site for two days? Look, maybe she didn't tell us the truth, but I'm not sure that she told it on TV, either.
And what do you think the truth is, Olivia? Well, her stepdad's been sitting right next to her.
He put her up to it? Can you prove that? Just let me talk to her one more time.
Alone.
Not gonna get her alone.
Dad's in there with her.
Do you think you can get him out? You're right, I'm wrong.
You didn't rape your stepdaughter.
Now, why should I believe that? Tandi says she wasn't raped.
But then if I believe that, then I've gotta believe that she lied about everything else.
She lied about going to the party, she lied about being raped.
Now all of a sudden, she's telling the truth? Come on, Ron.
That poor girl has told so many lies, she doesn't even know what the truth is.
Why are you doing this? To make you face the truth.
If you've got nothing to hide, let us talk to Tandi alone, find out what really happened.
I'm not gonna put her through that again.
Because she can't take it, or you can't? What are you afraid of, Ron? She's gonna blow the lid off your happy family? It was a happy family.
I made sure of that.
She's already had one father fail her, I wasn't gonna make it two.
Ron, the only way you can fail her is by denying the truth.
What is this place? Well, we use it to talk to children so that they feel more at home.
It's a lot more comfortable than some of those other rooms.
I'm not a child.
I know that.
But you're only 16, and you've been through more stuff than most adults can handle.
You must feel like a giant weight was lifted off you since you went on TV and said that the rape didn't happen.
It didn't! I made it up! A lot of rape victims say that.
They start down one road, and then they realize how tough it is, and they back off.
It's easier to say that you made it all up.
I told you, nothing happened.
But that's not true, is it, Tandi? It is! Why don't you believe me? Because I saw the evidence.
Because I saw the blood, and the bruises.
You were raped, Tandi.
You blocked it all out, but it's gonna come back.
And you have to face it.
I don't want to face it.
I know that you're protecting somebody because you love them, or because you're afraid of them.
I don't have to stay here.
Who are you so scared of, Tandi? No one! Is it your stepdad? Please, just let me go.
Listen to me, I'm not gonna let him hurt you.
But tell me, why are you so afraid of him? I'm scared for him! Why? Because I don't want him to die! If he raped you, he's not gonna die, he's gonna go to jail.
No, he never touched me! Then who did? Tandi, please, tell me.
Tell me.
I can't.
I can't! My dad's got a bad heart, and he said if I said anything, then my dad would lose his job and his insurance.
God, my mom is pregnant.
Who said that? Who said that? It would just kill him.
I don't believe it.
You know.
Mike Tucker.
My boss.
My friend! Tandi accused me of rape? Multiple rapes.
Where am I supposed to have done this? In the dorm rooms that your company's building for Hudson University, last Friday night.
I wasn't near Hudson on Friday.
First lie.
You called campus security to close down the cadet party.
How would I know about a party? Second lie.
Campus cops said that you were working late in your on-site office.
Now, before you go for the hat trick, I want you to think how easy it'll be for us to check your phone records.
I'm sorry.
I made a mistake.
I did call security.
We have a lot of trouble with the students breaking into the site.
Were you worried that they were gonna interrupt you raping Tandi? I've known Tandi since she was eight.
I watched that girl grow up.
I supported her family when her dad was sick.
I've loved her like a daughter.
And to suggest that I might harm her, well, that's disgusting! I'm touched.
But you still raped her and then threatened to destroy her family if she told anyone.
Tandi said that about me? I don't believe you.
Why not? She's terrified of you.
She's terrified of you! I see what you're doing here.
First you go after the cadets, then the father, now it's my turn.
You people are so desperate to close this case, you'll put the screws to anyone.
Who's next? Her mother? Not gonna sugar-coat this, Tandi.
The defense is gonna chop you to pieces on the stand.
They're gonna drag up every lie you told, every change of story.
It's gonna be a tough trial.
What should I do? I don't know, sweetheart.
What would you do? I think that has to be Tandi's decision.
But I've known many rape victims who've regretted not going to court.
And I've never met one who's regretted it.
Win or lose? Yeah.
Even if you do lose, you've already faced your attacker and named him for what he is.
Why did you lie to the police about being at the party? Because I knew it would upset my mom and dad.
Did you falsely identify Joseph Eglee and James O'Connor as your attackers? TANDl: Yes.
Though you knew they were innocent.
Yes.
Why? I was exhausted.
And the press were outside our house all the time.
I hadn't slept in two days.
The police showed me photos, and I hoped that if I named someone, it would all just stop.
I did a terrible thing.
I'm sorry.
What did happen that night? I left the party because I was feeling sick.
And I was walking outside, and I met Mr.
Tucker.
What did he do? He was angry with me because I stayed out so late, and he told me that he would show me a place where I could get cleaned up before I went home.
And then he took me onto the construction site.
To the unfinished room? I thought he was still angry.
But then he told me how sexy I looked, and how much I had grown up.
And then he kissed me, and he put his hand up my skirt.
And I begged him to stop, and he held me down and he told me that I wanted it.
And then he raped me.
What happened next? He told me if I told anyone, he would fire my dad, and that the stress would kill him.
Then he left? No.
He raped me again.
And then he gave me $20 to take a taxi.
I didn't know what to do.
So for two whole days, you hid? I was so ashamed.
I just wanted to crawl into a hole and never come out.
Thank you.
No questions, Your Honor.
The young lady changes her story every two minutes, so who knows what version we'd get here? Your Honor Behave, Mr.
Kressler.
Any more witnesses, Ms.
Novak? The People rest.
We would like to recall Detective Stabler as our first witness, Your Honor.
What is a false rape allegation? It's an unfounded accusation of rape.
What is the most common type? When a woman uses rape to explain away a consensual sexual encounter.
You see a lot of that in your work? Not a lot.
Well, according to the FBI crime statistics, nearly 10º/º of all rapes turn out to be false allegations.
Some sources put it even higher than that.
Is there a question here? Yes.
Did you at any time believe that Tandi was lying? Yes.
She lied about being tied up, she lied about the cadets, she even snuck out to a store by herself to buy food, and then she went on TV and admitted she was lying.
She recanted.
She was terrified.
Really? Well, you arrested her.
For filing a false report.
And after you arrested her, didn't she try to change her story again? She told us the truth.
You mean, she told you what you wanted to hear.
No, she said Come on.
With all the publicity around this case, you had to get a result, even if it meant accusing an innocent man.
Your Honor Nothing further.
Ladies and gentlemen of the jury, have you reached a verdict? We have, Your Honor.
On the charge of Rape in the First Degree, how do you find? We find the defendant not guilty.
Mr.
Tucker, you're free to go.
Court is adjourned.
Tandi, over here! Tandi, how do you feel about the verdict? Do you think it was fair? Are you sorry you went to court? I'm just sorry I didn't win, that's all.
What do you do next, Tandi? I'm gonna go to school and get on with my life.
All right, that's all.
It's Tucker! Mr.
Tucker! Mr.
Tucker! I'm sorry, Tandi.
Don't be.
You were right.
I don't regret it.
Thank you.
For what? For not being afraid.
Detective Stabler? Yes? My name is Alison Luhan, and I want to report a rape.
When did it happen? Six months ago.
Do you know who raped you? Yes.
Mike Tucker.
Are you angry? Well, I do feel very
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.
Took the family to see the Statue of Liberty yesterday.
Give me your tired, your poor, your homicidal taxi drivers Kids loved it.
You know how long her schnoz is? Four and a half feet.
We took the tour, too.
Got us another bum.
Hey! Hey, you in there.
Hey! Oh, lord.
Please, don't hurt me! Nobody's gonna hurt you.
Call an ambulance, Jeff.
Hurry! What the hell are you waiting for? I know her.
Look at this.
She's that girl that's been missing since Friday.
Tandi.
It's Tandi McCain, all right.
Workers found her tied up with duct tape.
They're the ones who called the press? Yeah.
Hotline's been all over the papers and TV.
What is this building? Hudson University's new dorm.
Is Tandi hurt? She's pretty shook up.
All she said is she was raped.
Stop taking photographs, okay? Now, this is my daughter.
If she doesn't wanna go, she doesn't have to go.
Sir, your daughter needs to be seen by a doctor.
I will bring her in later.
I wanna take her home and get her cleaned up.
Her mother is worried sick.
Let's calm down here.
Are you her father? Her stepfather.
Who are you? All right.
I'm Detective Stabler.
My partner, Detective Benson.
You the ones who called these vultures? No, Mr.
McCain, we're here to help.
Look, Tandi's been through enough already.
No, Daddy! Please, just That's it! She's coming with me.
I'm sorry, Mr.
McCain, but Tandi is a minor, and under the Social Services Law, she needs to have a medical examination.
I'm her father! Don't I get a say? Take her to St.
Catherine's.
Daddy, don't let them! Daddy! Daddy, please! It's okay, baby.
I'll meet you there.
TANDl: Daddy, no! I'm sorry, it's what's best for Tandi.
Yeah, well, we'll see about that.
TANDl: Daddy! Daddy, please! Social Services Law? What was that crap? If Tandi goes home, we lose our evidence.
Bastard gets away with it, and he rapes another kid.
Liv, you crossed the line.
That girl is too young and too scared to think for herself.
So you're gonna think for her now, huh? What else could I do? What happened out there, Olivia? Stepfather tried to pull Tandi out of the ambulance.
Liv just did what she had to do to make sure we have a case.
Well, Dad's telling the press you lied to him and deliberately ignored his wishes.
His wishes? I thought we act for the victim, not her parents.
Problem is, now he's threatening to withhold the rape kit.
Why? He's upset, his daughter's traumatized.
They just want this to go away.
Okay.
I'll talk to Tandi.
No.
No, Elliot will.
You bumping me off this case? Look, the dad is madder than hell at you.
Give him some time to calm down.
Tandi's mother is on her way in, talk to her.
Do you really have to put her through this? We do rape kits on every victim.
And if you don't give us permission to use it the chances of IDing the assailant are pretty slim.
You do want us to find him, don't you? Of course I do! Then let her talk about what happened.
All right? It's the best way to deal with it.
All right.
But I'm staying.
Good.
Come on.
Could you give us a minute? Hi, Tandi, I'm Elliot.
Can I ask you a few questions? I told my dad everything.
Can you tell me, too? I was walking to the bus stop, and these men asked me if I wanted to go to a party.
I said no, and they grabbed me, and they dragged me to that room.
How many men? Two or three.
I'm not sure.
Can you describe them? Um It was dark, I don't know.
Well, were they short? Tall? Black? White? TANDl: I don't know.
Can you describe what they were wearing? Some kind of uniform.
Good.
Well, it's Monday.
Now, did they keep you in the same room all day Saturday, Sunday? They said if I tried to escape, they would kill me.
Please, please, I wanna see my mom.
Now, Tandi is still in high school.
What was she doing at Hudson? She's taking an advanced placement course over the summer.
To get college credits? She wants to go to Columbia to major in English and French.
She's bright, works real hard, never causes any trouble.
And she was studying there Friday night? She called to say that she was working late at the library.
By 11:30, we got worried.
Ronald went up to the university to look for her.
I called her friends.
Okay.
So your husband was home with you? Yes.
And who called the police? I did, at around 4:00 a.
m.
Why did you wait so long? I told you, because Ronald was out looking for her.
Why are you making this so hard for us? I'm just trying to help your daughter.
Well, then please let me see her.
Okay.
The rape kit is negative for fluids, but positive for spermicide.
Our attackers used condoms.
Can we prove it was rape? Her thighs are heavily bruised, her hymen is torn.
I mean, she definitely had sex, and she's a virgin.
Any trace evidence of the perps? Construction guys that found her let her clean herself up a bit.
Destroying most of the forensics in the process.
What do you got? Nada from CSU.
The campus security broke up a party at Rochester dorm around 11:30, Friday night.
Where's the dorm? Across the street from where Tandi was found.
Place is crawling with Army cadets taking summer classes in military leadership.
Tandi said her attackers wore uniforms.
When she was heading home from the library to the bus stop here, she had to pass Rochester dorm.
Talk to the dean and everybody who was at that party.
I do regret what happened.
But you shouldn't jump to conclusions just because military personnel live across the street.
We just want to talk to them.
I'm afraid I can't release any names, unless there's direct evidence of their involvement.
My students have a right to privacy, and I have a duty to protect them.
Well, a girl was kidnapped and raped on your campus, Dr.
Lyne.
What's your duty to her? We have our own disciplinary procedures.
If a student is found to have committed an offense, he'll be handed over to the police.
We know all about college procedures.
Rape victims intimidated, persuaded to drop charges I'm sorry.
I will talk to the parents of the cadets who attended this party.
If they wish to make a statement, that's their choice.
Now, you're on private property and I must ask you to leave.
College is closing ranks.
Not tight enough.
Head of campus security was a cop at the 29.
He gave me four names of students he questioned at the party in Rochester dorm Friday night.
And their class schedule.
Great.
We should wait till they leave campus.
Then divide and conquer.
Tony Storr? What is this? Police business.
Did you see this girl Friday night? Yes, sir, I did.
Where? She was at the party at our dorm.
Are you sure? Yeah, she invited herself.
She's 16, Mr.
Delvecchio.
She said she was 21.
Said to who? I don't know.
Acted like she was 21.
And how did she do that? You know, drinking, dancing, having a good time.
She dance with you, Joe? No, sir.
Well, why not? It's your party.
You're a good-looking guy, she's a nice-looking girl.
I already got a girlfriend.
Was she at the party? No, sir.
Were there any other girls there? A couple, maybe.
You know their names? No, sir.
Just sort of bumped into them.
You see Tandi leave? Nope.
She must've slipped out.
You know, Tandi's face was on the TV, in the newspapers all weekend long.
How come you didn't report seeing her? I guess I just didn't put two and two together.
Yeah, I can see why that'd be a problem for you.
Mr.
O'Connor? Trevor Langan of Henshall and Langan.
Your family's instructed me to act on your behalf.
You have no right to question my client on university property.
Your client is on a city sidewalk.
I can question him all I want.
Did you wear that uniform Friday night? Don't answer that.
Why not? 'Cause it's immaterial.
Not to me.
Well, it is to me, which means this interview is over.
Come on, Mr.
O'Connor.
He give you anything? Yeah.
Tandi was at that party Friday night.
That's what my guy said.
You think that little detail just happened to slip Tandi's mind? Let's go ask her.
Tandi said anything yet? Detectives, have you got any leads? Hey, Elliot.
Hey, Jamie.
Anything you can tell me? Yeah, go home.
You know him? Friends from high school.
Jamie Barrigan.
Tandi's big news.
Yeah.
Till the next big news.
Were you at that party, Tandi? Of course she wasn't.
Some of the people there say she was.
What people? Army cadets.
They're lying! Those are the uniformed bastards that raped her! Tandi, we're on your side.
We just need to know exactly what happened, that's all.
Tell them, baby.
Were you at the party? No! I was walking to the bus stop, and they grabbed me.
Why is everybody telling lies about me? God, I just wish you'd all just leave me alone! All four cadets say Tandi was at the party.
Are you sure she's not lying? Look, even if she was there, it doesn't give anybody the right to rape her.
Anything from the crime scene? Well, CSU just finished doing elimination prints on the family and the site workers, so I wouldn't hold your breath.
Well, I got a press conference tomorrow at 9:00, and I would like not to look like a complete idiot.
Let's use the press.
Give them a little information, see if it kicks up a lead.
Like what? Those four cadets weren't the only ones at that party.
Why hasn't anyone else come forward? You got anybody you can trust? The guy covering the Tandi case for The Ledger.
He's an old buddy of mine.
All right.
The poor kid has been through enough already.
Why do you have to make her life more miserable? Because she's news.
Tens of thousands go missing every year.
What makes Tandi big news? Same reason Chandra Levy and Elizabeth Smart were big news.
They're young, cute and white.
Whatever it takes to sell your paper.
Was there any sexual assault? You know I'm not gonna answer that.
Please, why else would the sex cops be involved? Jamie, I'm not going there.
Are you still focusing on the university? Maybe.
Cadets? You want my help, Elliot, you gotta throw me a bone.
We're interested in talking to anyone who was at a party in Rochester dorm, Friday night.
Well, maybe you should be talking to Tandi.
We hear she was partying up a storm.
Where'd you get that? The cadets' lawyers? They're just trying to dirty up the victim.
So she is a victim? Come on, Elliot, off the record, are you looking at the cadets who threw the party? Off the record? You bet.
What is this? "Student Rape: Cadets Questioned.
" Byline's Jamie Barrigan.
That who you talked to last night? I didn't give him any of this.
Well, he got it.
Now he has named two suspects and outed Tandi as a rape victim to the entire country.
Let me just talk to the son of a bitch.
No! No more talking to the press.
I want to contain the damage, not spread it.
Gotta get up to Washington Heights.
from a cadet's girlfriend.
Please What's going on? Move it! Hey, you.
Detective Tutuola.
Take it easy.
Tell me what happened.
We were walking along the street when these bastards started calling Joe a rapist.
And they chased him into the street and straight into a car.
We get the guys who chased him? They disappeared just as soon as this happened.
Why'd the papers print his picture? He never hurt anyone.
It's okay, Detective, we got him.
Pulse is slow and thready.
We need to scoop and run.
Let's go.
Hospital says Joe Eglee's still unconscious.
He's gonna make it? He's stable.
You can't blame Elliot for this.
I don't, but IAB might.
Just tell them exactly what you told the reporter.
Chief of Detectives, Chief.
Don.
You Stabler? Yes, sir.
Why don't we take this in my office? A high-profile case with the media on it like the measles, and you go and name our main suspects.
I didn't name anybody.
So it's just a coincidence that the paper's quoting a source "close to the investigation"? Why the hell did you do it? We needed a lead, sir.
Reporters can go anywhere cops can, and get people to talk easier.
This one certainly got you talking.
Sir, I authorized Detective Stabler to give the journalist something on background.
I don't believe he gave any names.
Personally, Detective, I'd dump you back into uniform, but that would look like we're admitting guilt.
So we have to back you up.
He can stay on the McCain case, Don, but no contact with the cadets, and zip your mouth around the press.
Elliot, don't beat yourself up over this.
The bastards put that kid in a coma, they out Tandi as a rape victim, I helped them do it.
The press says that Tandi's a public figure.
That makes her fair game.
There's nothing that you can do about it.
Oh, yeah? Come here, you son of a bitch! Hey! Hey! Come on, cool it! Cool it? You nearly got that kid killed.
Are you out of your mind? Hey! I didn't chase him into traffic! You made damn sure somebody did! This is not my fault! Whose fault is it? Some other reporter had the names of the cadets from someone on campus.
My editor just put two and two together.
Yeah, right.
Including that bit about Tandi being raped? The hell with you.
Hey, you're the ones who gave that away, just by being there.
Look, I'm sorry, El.
If I didn't run with the story, somebody else would.
I got a job to do, too, you know.
Whatever.
Might have a lead for you.
We got a tip this morning, some guy owns a bodega near Hudson U.
He says he swears he saw Tandi in his store Saturday afternoon.
And why aren't you splashing that all over your front page? 'Cause we checked our sources.
We can't confirm a word this guy says.
He's got no security cameras, nothing, plus, he's a weirdo.
What's his name? Fred.
Store's called Grummond's.
She was standing right where you are.
That little cutie, Tandi McCall.
Tandi McCain.
And what time was this? She came in, kind of sneaking around, hiding her face.
Bought a soda and a sandwich.
You got a receipt? Yep.
Like I told that reporter, I can sniff out trouble the second it walks in.
Sausage-and-egg sandwich and a can of Club Cola.
Was Tandi alone? Seemed to be, but she was jumpy.
Fred, it's obvious you got a good memory.
You think you'd recognize her again? Sure I could.
Yeah? That's her.
You've been very helpful.
Thank you.
Fin? It's Liv.
Look, can you check the lab for food wrappers and soda cans found at the crime scene? Yeah.
Great, thanks.
Don't get your hopes up.
He didn't recognize Tandi's photo? He recognized my daughter, Kathleen.
Plenty of junk stuffed behind the walls, under the floor.
People use the place like it's a campsite.
But this is definitely from a four-day-old sausage-and-egg sandwich.
You can tell all that from those little bitty crumbs? Nope.
From the label.
Well, what do you know? A partially crushed can of Club Cola.
I guess Fred wasn't as big a flake as Elliot thought.
What else you got? Roll of duct tape.
The end tear matches what Tandi was bound with.
We'll run it all for prints.
I'm sorry, you can't come in.
Tandi's too upset to talk right now.
The whole world knows she was raped, and the papers say you guys gave it up.
That's not true.
We never release the identity of rape victims.
Oh? Well, tell that to those people out there, hanging around here like we're some kind of freak show.
Mr.
McCain, the quickest way to get the press away from here and Tandi back to normal is if she just tells us everything.
She already has! Not quite.
Her fingerprints are on a food wrapper in the room where she was found.
Yeah, so? Maybe the bastards fed her.
Apparently, the food was purchased by Tandi three blocks away from Hudson University on Saturday afternoon.
When, according to Tandi, she was being held captive.
We also found her prints on a roll of tape that she was tied up with.
What are you saying? She tied herself up? We don't know.
That's why we need to talk to her.
Please, Mr.
McCain.
The press are on her side at the moment.
They find out about this, they could turn.
I don't know about any food.
I was held prisoner.
We know that, and nobody's blaming you for what happened.
We just need to understand how you managed to escape.
I didn't! Well, then how did the food get in the room? TANDl: I told somebody I was hungry, and one of them took me to the store.
Did he come in with you? He waited outside.
He said somebody was gonna watch me, and if I said anything, he would kill me.
Tandi, I want you to take a look at these photos.
Tell me if you recognize anyone.
They They said that they know where I live, and they would come after me.
Tandi, I promise that they will never come near you again and we will protect you.
But you've got to help us out, okay? Tandi, look at the photos.
Him.
He's one of the cadets.
What about here on the second page? Stabler.
Yeah.
Him.
Are you sure? They raped me.
Okay.
How do you know that? Okay, okay, okay.
Good enough.
Thanks.
Detective? What's going on? My journalist buddy, trying to make nice with me, says that Channel 3 News has something we're gonna wanna see.
Detectives, this is a videotape of the party at Rochester dorm last Friday night.
Where'd you get this? Confidential source.
We'll be airing it on the 11:00 news.
You can't do that.
This girl is a victim of sexual assault.
Sorry, she's a public figure now, and from the looks of this, I wouldn't call her a victim.
I'm seizing the tape because it's evidence in an on-going inquiry.
It's our property.
I'll get a warrant to seize it, and an injunction to stop you from airing it.
You can't do that.
It's censorship.
I'm protecting a rape victim.
Stay here.
He does anything with that tape, arrest him.
New York's Rape Shield Law protects a rape victim's identity, Your Honor.
Alleged rape victim, Your Honor.
And when you play the tape, you'll see that Tandi McCain was perfectly aware that she was being filmed.
She was intoxicated, and therefore unable to consent.
Also, the tape is evidence in a criminal investigation and should be given to police, not broadcast across the country.
If you're arguing for prior restraint of publication, Ms.
Novak, let me remind you of the First Amendment.
Was the tape legally obtained? Yes, Your Honor, and Channel 3 believes the public has every right to see it.
That's the same self-serving spin a network put on airing the Andrew Luster tapes.
They claimed that people had a right to see a rape victim being violated.
It's salacious, not newsworthy! This video is of genuine public interest, Your Honor, not least because it dramatically contradicts the girl's own statements to the police.
How do we know the video was made the night of the alleged rape? What if it's been edited? We have the only copy.
It has not been edited at all.
And you can prove that? I'm sorry, Ms.
Novak, but the First Amendment trumps all.
However, I'd hate for your station to be sued because it aired a tape from the wrong night.
So you'll surrender it to the NYPD for Anything else? We need the name of the person who shot the tape, Your Honor.
He or she is a material witness to the events leading up to the rape.
The source is covered by journalistic shield, Your Honor.
You get the tape, Ms.
Novak, not the auteur.
Luckily, we got him.
He just doesn't know it.
Watch.
I want you to look to Tandi's right as she moves toward the mirror.
There he is.
Freeze it.
Zoom in.
Can you clean it up? Patience.
Just a few more mouse clicks.
That's Luke Delvecchio.
I interviewed him.
Real bottom-feeder.
There's something else at the end.
See in the background? Yeah, Tandi's leaving the room.
Anybody follow her? Nope.
Tape stops right after that.
So Delvecchio must've seen her leave.
You and Elliot ask Tandi about her performance.
Munch and Fin will bring in the bottom-feeder.
Yeah, I shot the tape.
So what? Why didn't you tell us before? Because I wanted to sell it.
There's nothing wrong with that.
Tandi McCain is 16, so we've got you for promoting the sexual performance of a child.
What are you talking about? That word too big for you? Try "child porn.
" Seven years in Attica.
You're making this up.
Call your attorney.
Ask him.
Or tell us what you did to Tandi and we'll cut you a deal.
I didn't do anything! You saw her leave the party, your perv film stops the moment she walked out! You followed her and you raped her.
I didn't.
She looked sick, so I asked if she was okay.
She told me to leave her alone.
And you did? I went back to the party.
Look, I'm kind of shy around pretty women, all right? Didn't know she was, not till she was on the news.
You knew she was missing.
Why not say something? We could get thrown out of the cadets for giving a minor alcohol.
So you kept quiet.
That's courageous.
I know I should've said something, but I didn't touch her, I swear! She says different, she's lying.
My daughter is telling the truth! We saw the tape, Mr.
McCain.
Tandi was at that party.
Then she was drugged.
She'd never act like that.
People are gonna believe what they see on that tape.
I don't even know how to fight this.
I had to send her to her aunt's to get her away, now she's gonna get crucified on TV.
Please, Mr.
McCain, listen to us.
No, you listen to me.
My wife's at home on bed rest because of the stress, and you'll do anything to make an arrest, even if it means turning my daughter into a slut.
It doesn't matter what was on that tape.
It matters that your daughter was raped.
She doesn't sleep around! We're not saying that.
Look, Mr.
McCain, I know how scary it is being a father to a teenage girl.
Don't you tell me you know how I feel! You don't know jack! You know the most common reason women make false rape allegations? To explain away a consensual sexual encounter when confronted by a boyfriend or a parent.
You son of a bitch.
You accusing my daughter of lying? Hey, Ron.
Is everything okay here? Yeah, fine.
They're just leaving.
This is crap, Liv.
He's covering for her.
She was raped, Elliot, he's trying to protect her.
You'd do the same thing.
I would do anything to find the son of a bitch who did it.
And, you know, let's remember one thing.
That guy is her stepfather.
She's not his kid.
Benson.
Cragen.
Crime lab has something.
Lodine fumes react with skin secretions to bring up latent prints.
She just blows through a tube And the heat of my breath covers the target area with iodine vapor.
A perfect handprint.
Which is exactly what we've got here.
Two clear handprints on the stack of sheetrock.
You know who they belong to? We did elimination prints on the family, got a perfect match.
Tandi's stepdad, Ronald.
He has access to her every day at home, but he drags her out to a building site to rape her? Sure explains why he didn't want us talking to Tandi.
And why she didn't wanna talk to us.
Let's background him, see if there's any dirt.
I do construction, building supply, you know, anything that turns a buck.
And Ron McCain's been with me ever since he came here from Nassau County.
I wish all my people were as loyal.
Any problems? Well, he had a heart attack about a year ago, so I took him off construction, made him foreman of the yard.
I meant problems with his behavior, with the cops.
Anything like that? You gonna tell me what this is all about? Just a routine inquiry.
Yeah? Routine, my ass.
This about Tandi, isn't it? If you people think that Ron McCain had anything to do with this, you must be desperate.
He loves that girl like she was his own.
Tandi's birth father still around? That loser stayed behind eight years ago when they moved here.
Ron have any trouble at home? When he first started dating Alice, he said that things were kind of difficult with Tandi.
What kind of difficult? Oh, there were some allegations.
But he said it all settled down.
July 1995, Nassau County Police Department made a complaint of abuse against you.
That's a crap charge, brought by my wife's ex-husband because he was jealous that I was dating Tandi's mom.
It says right here that the complainant was Tandi Weatherbee, age seven.
Bastard put her up to it.
Keep reading.
Cops investigated, dropped all charges.
Because Tandi withdrew the allegation.
Yes! Is that what this is about? Got tired of attacking my daughter, so you're coming after me? Were you ever in the room where Tandi was raped? No! Why? Because your handprints say that you were.
On the sheetrock right next to where Tandi was found.
We supply sheetrock! It must've ended up in that building! That's quite a coincidence, Ron.
There've gotta be hundreds of other prints in that room besides mine.
I got a better explanation for you.
Tandi's not a girl anymore.
All grown up, beautiful woman, your wife's pregnant, hard not to notice Tandi.
You are sick.
Well, the night she didn't come home, you went looking for her.
Like I told you! But you didn't tell us that you found her.
You saw her coming out of that party.
You wanted to be mad, but she was drunk.
Maybe she was flirting with you a little bit.
Shut up.
So you brought her to the dorm and did what you always wanted to do.
You bastard.
Oh, come on, man, she is a peach.
You're only her stepfather.
What's the big deal, huh? Ronald McCain, you are under arrest for assaulting a police officer.
You all right? You have the right to remain silent.
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 appointed to you.
Do you understand these rights as I have read them to you? McCain was released on bail.
His boss, Mike Tucker, signed the bond.
Nice boss.
I just wish we could've kept McCain locked up while we worked on Tandi.
Maybe.
But if someone had accused me of molesting my kid, I'd wanna beat the crap out of him, too.
What, now you're saying he didn't do it? I don't know.
The only thing I do know is that we're not running this case, the media is.
Tandi McCain was always news, Elliot.
Well, I made her bigger news the second I talked to that journalist.
We're trying to catch the bad guys, they're trying to make headlines.
Different agendas.
Coming up, the truth about what really happened in tonight's top story.
Our exclusive interview with Tandi McCain.
Hey, turn that up, please? You're saying it didn't happen? I made it up.
The whole thing? I stayed out late, and I was afraid I would get in trouble, and everything got out of control.
What the hell? I'm so sorry.
What about the two men you said raped you, one of whom is still in the hospital? Are you sorry about them, too? I really am.
The police made me name them, and they showed me pictures, and Because I want it to end.
I wanna be left alone.
Do your parents support you in this? Yes, we do.
Tandi's been through so much.
That girl sure knows how to cry.
She's not done crying yet.
Arrest her.
Are you sure? She obstructed us every step of the way.
Arrest her.
Captain, how does that help anything? It's gonna stop her lies.
Bring her in.
What charge? Filing a false report.
Where are you taking her, Detectives? Is she under arrest? Tandi, have they arrested you? What's the charge, Detective? Is it because she went on TV? Tandi, you got anything to say? Mr.
McCain, do you have any comments? Why are they taking Tandi away? Are you going down to the precinct? Mr.
McCain, why did Tandi lie? You arrested a rape victim? She said she wasn't raped.
Tandi McCain has done nothing but lie, and she nearly got an innocent kid killed in the process.
We have to send a message.
What, by dragging a teenager out of her home? Look, Liv, every false allegation of rape just makes it harder for the real victims to be believed.
Look, the girl obviously didn't know what she was doing.
She seemed clear enough when she recanted on national TV.
If she was telling the truth.
You're convinced she was raped? We found spermicide, remember? Which could mean she had consensual sex.
Then why was she so traumatized that she hid on a construction site for two days? Look, maybe she didn't tell us the truth, but I'm not sure that she told it on TV, either.
And what do you think the truth is, Olivia? Well, her stepdad's been sitting right next to her.
He put her up to it? Can you prove that? Just let me talk to her one more time.
Alone.
Not gonna get her alone.
Dad's in there with her.
Do you think you can get him out? You're right, I'm wrong.
You didn't rape your stepdaughter.
Now, why should I believe that? Tandi says she wasn't raped.
But then if I believe that, then I've gotta believe that she lied about everything else.
She lied about going to the party, she lied about being raped.
Now all of a sudden, she's telling the truth? Come on, Ron.
That poor girl has told so many lies, she doesn't even know what the truth is.
Why are you doing this? To make you face the truth.
If you've got nothing to hide, let us talk to Tandi alone, find out what really happened.
I'm not gonna put her through that again.
Because she can't take it, or you can't? What are you afraid of, Ron? She's gonna blow the lid off your happy family? It was a happy family.
I made sure of that.
She's already had one father fail her, I wasn't gonna make it two.
Ron, the only way you can fail her is by denying the truth.
What is this place? Well, we use it to talk to children so that they feel more at home.
It's a lot more comfortable than some of those other rooms.
I'm not a child.
I know that.
But you're only 16, and you've been through more stuff than most adults can handle.
You must feel like a giant weight was lifted off you since you went on TV and said that the rape didn't happen.
It didn't! I made it up! A lot of rape victims say that.
They start down one road, and then they realize how tough it is, and they back off.
It's easier to say that you made it all up.
I told you, nothing happened.
But that's not true, is it, Tandi? It is! Why don't you believe me? Because I saw the evidence.
Because I saw the blood, and the bruises.
You were raped, Tandi.
You blocked it all out, but it's gonna come back.
And you have to face it.
I don't want to face it.
I know that you're protecting somebody because you love them, or because you're afraid of them.
I don't have to stay here.
Who are you so scared of, Tandi? No one! Is it your stepdad? Please, just let me go.
Listen to me, I'm not gonna let him hurt you.
But tell me, why are you so afraid of him? I'm scared for him! Why? Because I don't want him to die! If he raped you, he's not gonna die, he's gonna go to jail.
No, he never touched me! Then who did? Tandi, please, tell me.
Tell me.
I can't.
I can't! My dad's got a bad heart, and he said if I said anything, then my dad would lose his job and his insurance.
God, my mom is pregnant.
Who said that? Who said that? It would just kill him.
I don't believe it.
You know.
Mike Tucker.
My boss.
My friend! Tandi accused me of rape? Multiple rapes.
Where am I supposed to have done this? In the dorm rooms that your company's building for Hudson University, last Friday night.
I wasn't near Hudson on Friday.
First lie.
You called campus security to close down the cadet party.
How would I know about a party? Second lie.
Campus cops said that you were working late in your on-site office.
Now, before you go for the hat trick, I want you to think how easy it'll be for us to check your phone records.
I'm sorry.
I made a mistake.
I did call security.
We have a lot of trouble with the students breaking into the site.
Were you worried that they were gonna interrupt you raping Tandi? I've known Tandi since she was eight.
I watched that girl grow up.
I supported her family when her dad was sick.
I've loved her like a daughter.
And to suggest that I might harm her, well, that's disgusting! I'm touched.
But you still raped her and then threatened to destroy her family if she told anyone.
Tandi said that about me? I don't believe you.
Why not? She's terrified of you.
She's terrified of you! I see what you're doing here.
First you go after the cadets, then the father, now it's my turn.
You people are so desperate to close this case, you'll put the screws to anyone.
Who's next? Her mother? Not gonna sugar-coat this, Tandi.
The defense is gonna chop you to pieces on the stand.
They're gonna drag up every lie you told, every change of story.
It's gonna be a tough trial.
What should I do? I don't know, sweetheart.
What would you do? I think that has to be Tandi's decision.
But I've known many rape victims who've regretted not going to court.
And I've never met one who's regretted it.
Win or lose? Yeah.
Even if you do lose, you've already faced your attacker and named him for what he is.
Why did you lie to the police about being at the party? Because I knew it would upset my mom and dad.
Did you falsely identify Joseph Eglee and James O'Connor as your attackers? TANDl: Yes.
Though you knew they were innocent.
Yes.
Why? I was exhausted.
And the press were outside our house all the time.
I hadn't slept in two days.
The police showed me photos, and I hoped that if I named someone, it would all just stop.
I did a terrible thing.
I'm sorry.
What did happen that night? I left the party because I was feeling sick.
And I was walking outside, and I met Mr.
Tucker.
What did he do? He was angry with me because I stayed out so late, and he told me that he would show me a place where I could get cleaned up before I went home.
And then he took me onto the construction site.
To the unfinished room? I thought he was still angry.
But then he told me how sexy I looked, and how much I had grown up.
And then he kissed me, and he put his hand up my skirt.
And I begged him to stop, and he held me down and he told me that I wanted it.
And then he raped me.
What happened next? He told me if I told anyone, he would fire my dad, and that the stress would kill him.
Then he left? No.
He raped me again.
And then he gave me $20 to take a taxi.
I didn't know what to do.
So for two whole days, you hid? I was so ashamed.
I just wanted to crawl into a hole and never come out.
Thank you.
No questions, Your Honor.
The young lady changes her story every two minutes, so who knows what version we'd get here? Your Honor Behave, Mr.
Kressler.
Any more witnesses, Ms.
Novak? The People rest.
We would like to recall Detective Stabler as our first witness, Your Honor.
What is a false rape allegation? It's an unfounded accusation of rape.
What is the most common type? When a woman uses rape to explain away a consensual sexual encounter.
You see a lot of that in your work? Not a lot.
Well, according to the FBI crime statistics, nearly 10º/º of all rapes turn out to be false allegations.
Some sources put it even higher than that.
Is there a question here? Yes.
Did you at any time believe that Tandi was lying? Yes.
She lied about being tied up, she lied about the cadets, she even snuck out to a store by herself to buy food, and then she went on TV and admitted she was lying.
She recanted.
She was terrified.
Really? Well, you arrested her.
For filing a false report.
And after you arrested her, didn't she try to change her story again? She told us the truth.
You mean, she told you what you wanted to hear.
No, she said Come on.
With all the publicity around this case, you had to get a result, even if it meant accusing an innocent man.
Your Honor Nothing further.
Ladies and gentlemen of the jury, have you reached a verdict? We have, Your Honor.
On the charge of Rape in the First Degree, how do you find? We find the defendant not guilty.
Mr.
Tucker, you're free to go.
Court is adjourned.
Tandi, over here! Tandi, how do you feel about the verdict? Do you think it was fair? Are you sorry you went to court? I'm just sorry I didn't win, that's all.
What do you do next, Tandi? I'm gonna go to school and get on with my life.
All right, that's all.
It's Tucker! Mr.
Tucker! Mr.
Tucker! I'm sorry, Tandi.
Don't be.
You were right.
I don't regret it.
Thank you.
For what? For not being afraid.
Detective Stabler? Yes? My name is Alison Luhan, and I want to report a rape.
When did it happen? Six months ago.
Do you know who raped you? Yes.
Mike Tucker.
Are you angry? Well, I do feel very