Law & Order (1990) s02e08 Episode Script

Out of Control

Narrator: In the criminal justice system, the people are represented by two separate yet equally important groups the police who investigate crime, and the district attorneys who prosecute the offenders.
These are their stories.
Watch it, girl! Get away from me! Officer: I bet you never cut class either.
Me? I was a fine, upstanding picture of American manhood.
Yes, sure.
Look at this.
Get off of me! Okay, you two, take it easy! - Take it easy! - I was just trying to help her.
She's going to get run over, man.
They grabbed me, they pushed me down Give me a little help here.
- Come on, darling.
- Come on, get up.
Sophomore, University of Manhattan.
Says she was raped by several men Halloween party.
No vaginal or perineal abrasions.
You get any signs of intercourse? - There was semen present.
- Did you send out the kit? Also ran a blood test.
She was drunk.
- How drunk? - Very.
If she'd been driving, she'd be under arrest.
Blood alcohol's.
- All right, can we talk to her? - She's out cold.
And I don't know how much she's going to remember.
Doc, can we stop the waltz? What are you saying? Obvious emotional trauma.
Rape? We offered her a counselor, she said no.
Girl: I was invited to the party.
By the men who assaulted you? My fiance, Gary Burnham.
He was a pledge at Theta Phi.
Your fiance assaulted you? No.
Look, can you identify the boys who did this? Somebody helped me upstairs.
It was some kind of he was wearing some kind of animal.
What kind of animal? What color? It was light, I think, maybe, gray or brown.
Can't you give us a little better idea of what went on? They offered me a drink Logan: Who? I'm not sure it's all fuzzy.
But I think Ted Campion and Joel Holder, two of Gary's friends were there.
And I'm pretty sure it was Ted that had the bottle scotch.
I was drinking from it and I think there was something over my face.
And they were on top of me and I tried to scream.
I must have passed out.
The next thing I was alone in the room, looking for my clothes.
So, Ted and Joel assaulted you? I think so.
You know, you had been drinking a little bit.
Rape's a serious accusation based on "I think so.
" I was drunk and I was scared.
But I know what happened.
I was raped.
She said what? This is crazy.
Joel, did you even see her? I didn't even know she was here.
Is this serious? Maybe we should talk to a lawyer.
We never even went upstairs.
Look, guys, this didn't happen.
A girl comes to your party and just for the hell of it she charges rape? Everybody knows about Andrea.
We don't know, why don't you fill us in? A pledge of ours, Gary Burnham, he was getting serious about her.
A freshman.
He didn't know about her reputation.
- About which you so generously informed him.
- She's an easy score, okay? - Gary's a little naive.
- Gary dropped her.
She stormed in here last week, claimed we ruined her life.
And then she said we'd regret it.
You don't mind if we call in a few technicians to look around, do you? No problem.
You know the wolf pack is having a feast here.
Where are they getting this stuff? - Somebody at the hospital.
- Did CSU find anything in the boys' room? No.
No hair, no fiber, no nothing.
I gotta tell you, if these boys are lying, they're cool about it.
Except their story makes no sense.
If she wants revenge, why didn't she give us a sure ID? - Why make it hard on herself? - Maybe she didn't want it to sound so pat.
- It gives her an out if things go wrong.
- Come on.
You want revenge, you don't turn your life into a circus.
What am I hearing here? This girl's not on trial.
I know, but we got no witnesses.
So far nobody even saw her there.
These fraternity brothers are gonna say Joel and Ted never left the party.
And that Andrea made a public threat.
Aw, gee somebody's lying.
Well, that makes you detective of the month.
Any bets on who? Did they log who she called from the hospital? An advisor, English professor.
She was afraid to call her mother.
Students, sometimes they make us their mothers.
How do you like your new daughter? What's not to like? Wants to take every course in the department.
How about her social life? It was active.
You mean she had a lot of boyfriends? Her parents divorced when she was six.
Is she looking for a male figure in her life? Sure.
How about if she got one and lost him? You think she would be capable of wanting to get back at him? Am I getting a message here? You have some doubt Andrea was raped? - You think she made it up? - Did I say that? There is nothing so powerful as the unspoken.
Did she get along as well with women as she did with men? I advise a student, Betsy Rawls.
Works in the college bookstore with Andrea.
That is, if you want to talk to people who like her.
Poor Andrea.
She sends out a come-on without even knowing it.
Are you saying she asked for this to happen? Do they give you guys insensitivity seminars? No woman asks to be raped.
I'm just saying she gives it off.
You know, heat, pheromones? Men hit on her, it's not her fault.
- What about the boyfriend? - Gary? He's sweet, but Andrea has a good imagination.
Marriage, fiance? - He's 18.
- I got married, I was 20.
It's a different generation, Sergeant.
Do you want my opinion? Andrea doesn't know who the hell she is.
She said I was her fiance? We just dated, that's all.
- Did you have a date with her last night? - What's this about? Andrea says she was raped at your fraternity house last night during a Halloween party.
Oh my God.
Did you see her there? Why would she be there? We broke up.
Why did you break up with her, Gary? I met her, she's very sophisticated.
Dating a sophomore, it made me feel good.
I found out some things about her.
When you broke it off, was she very upset? She called me all the time, showed up at my classes.
The whole thing got way out of control.
It's funny, she doesn't seem that intimidating to me.
I never knew what she'd do next.
Want to see what I mean? This is the last letter she sent me.
"If you hurt me, I promise I'll hurt you worse.
I'll ruin your life.
" The boyfriend says she's a wacko.
She says they're going to get married.
- They're kids.
That's how they talk.
- She comes on to guys.
- She doesn't mean to.
- And she can't quite point the finger at who raped her.
What the hell do you want? Signed confessions from the boys and a dozen witnesses? What I want is a victim who can testify to the DA without killing the case.
Right now they'd be lucky to get an indictment.
Let's talk to the roommate.
After Barbara and I moved in last year, they raised the rent.
We put up a notice, Andrea called, and she took the apartment sight unseen.
- That's a little impulsive.
- That's Andrea.
Changes courses every other day.
Boyfriends, too? No more than most women today.
- That's one man's opinion.
- Okay.
Maybe a little more than most.
But she was frank about it.
She likes men.
There's nothing wrong with that.
When Andrea got back from the hospital, did she talk about anything that had happened? - Yes.
She said she had been raped.
- Any details? Well, it was all pretty confused.
There's something about a room, everything going dark, she was very shaken up.
So, she seemed like a woman who had just been raped? Jeez, yes.
She was hurt, angry.
- Did you get any read off her? - After 15 minutes? How about some top of the mind, inadmissible, subjective impressions? Just as long as you don't go out on a limb.
Is it just me, or all women with triple digit IQs? You're the only one I know, Doc.
Cerreta: Andrea Fermi? Do I think she consented to have sex? No.
Do I think she's emotionally disturbed? - Yes.
- How disturbed? Disturbed enough she needs to be in therapy.
It's not uncommon and she fits the profile.
Parents divorced, desperation for a relationship with a male, inability to tolerate rejection, making threats.
Look, girls are bombarded with images of who they should be to get boys.
Ads, movies, Madonna they end up playing a stereotypical role, a highly sexualized adult woman.
But in reality, they're just children seeking approval.
Was she raped or not? - I'd say absolutely, but - But what? Based on her previous sexual behavior, the boys may have convinced themselves she didn't care.
DNA test on the samples gives us intercourse with two men.
You still need proof of that rape.
Not in court you don't.
The law says no corroboration necessary.
But without it you don't get a conviction from a jury.
Unfortunately, he's right.
She was drunk and her rep ain't exactly spotless.
Okay, so all the men and half the women are going to say she was asking for it.
Date rape, maybe.
But this? Nobody asks to be gang-raped.
Just go talk to her.
Tell her what the problems are, maybe she'll give you something else.
All right, so I was drunk and I'm not a virgin.
So I'm not the perfect victim.
If those boys say they never saw her, they're lying.
Fermi, we are trying to help your daughter.
You heard from Gary lately? No.
But then I guess, what do you say to a raped fiancee? He told us you weren't engaged.
I guess that's what you say.
He said you two had broken up and there was no date for the party.
Well, that's not true! And he did invite me to the party! Well, I guess he's lying, too? I don't believe he said we weren't engaged.
And that you threatened him.
He showed us a letter.
One of my letters?! Show them his, Andrea.
"You've changed my life.
I want that change to be permanent.
Don't be shocked, but I want to marry you.
" Now which one of us is lying? Okay, in the heat of the moment I wrote something foolish.
Not to mention lying to us! You guys you don't know Andrea.
She got crazy, she scared me.
But you're still saying you didn't see her at the party and you know nothing about the rape? Like I told you.
Cerreta: Why don't you talk to her? This is a girl you wanted to marry, she gets raped, you don't even call to see how she is? They said it would be better if I didn't.
They? Ted, Joel, all the officers.
As Vice President, I warned Gary.
These allegations could damage the fraternity.
You warned him not to speak to Andrea? We were told it's better if there's no contact between any house members and Andrea.
Yeah, Gary's a pledge.
That applies to him, too.
Hey, we're glad to cooperate, but we were also told since Joel and I are mentioned by name that we shouldn't talk to you without counsel present.
That's your legal right.
We're sorry about Andrea.
We wish she wouldn't have fantasies on our premises.
On your premises? I thought she wasn't here that night? Just to double-check, none of you went upstairs, for even a few minutes, - the entire night, right? - Together: No.
Did someone mention the word cooperation? Try different questions.
Maybe we'll try different people.
You have the list of your party guests and your employees for that party? We'd be glad to get you one.
- But there's always crashers.
- From on and off campus.
Hey, if there really was a rape, it could have been anyone.
Okay, the boyfriend did lie.
That kid knows something.
I think what he knows is how to take orders from his upperclassmen and keep his mouth shut.
A six-hour party.
Nobody sees anybody go upstairs? - Nobody goes upstairs himself? - Yeah, right.
Like they don't serve liquor to minors.
What, a misdemeanor charge? Think that's gonna crack the wall of silence? All right.
We got 70, 80 names here.
Probably take us right up to retirement.
I would start with anybody who isn't, wasn't, and never will be a member of that fraternity.
Maybe she wasn't there.
We get one more no, you got to think everybody was as drunk as she was.
Who's next? Sorry, I might have served her, but there were at least a hundred kids there.
- He must have some eyesight.
- I can't help you.
Hey, listen.
Come here.
- You think you served any underage kids there? - Oh, come on.
Maybe we could find a few.
All right.
I'll level with you.
I did two years hard time and I'm almost off parole.
Working parties and bartending is a no-no.
Cool it, we're not the parole division.
All right.
Pigtails had on the wrong costume.
She looked like a little girl - but she can drink like a sand dune.
- How much? Eight or 10 shots, easy.
Yeah, enough to put me into a long dream.
Anybody follow her? You know, go upstairs? I was tracking her.
I thought she might be my score for the night.
But she staggered out with some guy, that was the last I saw of her.
Could you recognize this guy if you saw him again? No, too dark.
His mask was half-off his face, - some costume - What kind of costume? An animal? - Yes, that's right.
- What kind of animal? Sorry.
It had big ears if that's any help? At least we know she was there.
Oh, yeah.
With an animal that has big ears.
- Where does that get us? - Two steps ahead of where we were yesterday.
With still no corroboration.
Oh, gee, Mike, why don't we just quit? Next up, Gail, Stuart Carradine.
Grad students.
- Good.
- Very good.
We were only there for a half an hour.
My wife and I aren't really party people, so So nothing strange happened? It was Halloween.
But rape? No.
Excuse me.
- May I have some water? - Sure.
Must be something in the air.
I feel like I'm swallowing ashes.
It doesn't take Sigmund Freud to see you're nervous.
Can you believe it? I was a ballerina.
I felt ridiculous.
I didn't even want to go.
All those TPs act like they owned the world.
Stuart used to be president.
I thought he had outgrown all that crap.
We went upstairs, - I went to the bathroom - What the hell are you doing? What are you telling him? - Just what I saw.
- It's none of their business.
This is rape, not a college prank.
Go ahead.
This is our business.
I came out of the bathroom and I saw two guys on the stairs.
One of them said, "Come on.
- She's there.
Let's go.
" - That could've meant anything.
You can't be sure who, 'cause it was dark.
I'm sure, Stuart.
One of them was Joel Holder.
Yes, well, it's a mistake or it's a lie.
Look, it couldn't have been me, all right? I'm sure it is a mistake, Joel.
Why don't you clear it up? Get a blood test, it'll show that you didn't have sex with the girl.
All right.
No problem.
You got a deal.
When? They say somebody saw me upstairs.
- No way.
- We were with him all night.
Logan: Oh, yeah? Well, Joel here's going to take a blood test and we'll get this over with.
Nobody's taking any blood tests.
We're calling our lawyers.
They still have witnesses who say they never left the first floor during the party.
Under oath? Maybe not.
Holder said he would give blood? My guess is he did it, but he knows he didn't leave a souvenir.
- How good is Gail Carradine? - Her husband didn't break her.
We got Holder on the third floor at the right time.
- But no Campion.
- She believes these guys did it.
My call? Pick them up.
All right.
Do it.
Holder and Campion.
Come on, back up.
Come on, come on.
Let's go.
- We want to call our lawyers.
- In a minute.
- You can't do this to us.
- Sure we can.
Okay, gentlemen, toes on the line.
I want pictures of every inch of their bodies.
I don't want any police brutality claims here.
Judge, a blood test at this time seems premature.
We'll present to the grand jury next week.
Gifford? My client Joel Holder is perfectly willing to give a blood sample.
The prosecutor's information looks good to me, Mr.
I'm signing this order for both Holder and for your client Mr.
The detectives may approve the transfer to Rikers, where the defendants will give blood samples.
Nice work, gentlemen.
Four-probe DNA match on Campion.
It's not so good on Holder two-probe, bad sample.
I forget what that says about the odds.
We got a witness on Holder.
I'm going to need more than that.
They filed a civil suit against the girl.
- Defamation, slander.
- Cerreta: So what? Public relations.
No, Ezra Gould is not that kind of lawyer.
- If he goes through with it - He has something exculpatory.
They must know something about that night we don't? You don't know what happened, I do.
- What is the agenda here? - Don't go to the grand jury.
We'll drop the civil suit.
You're asking us to play blind.
Tell us what you have.
What if it doesn't force you to drop? We're not handing you our case.
Ezra, are we on the same planet? We have a DNA match on your clients.
Proves sex.
Not rape.
You have zero on Mr.
It's a lousy case and you're ruining these boys' lives.
Well, these boys ruined Andrea Fermi's life, and we're trying to make them pay for it.
The college is concerned about a trial.
Are they concerned about their drunken fraternity boys raping a girl? Do you think the civil suit is a ploy? It's a chess game.
There's a pawn on the board that we don't know.
Where are you going with the alcohol problem? She was legally drunk.
No capacity to consent.
Legally drunk to drive.
But appearances can be deceiving.
I have two shots of gin, they can roll me into bed.
She has four, she may look perfectly coherent.
Adam, she passed out on the street.
Did she pass out in that room? Would you like this without sugar? You know the boys are getting better press play.
- What does that tell you? - They'll get better play from a jury.
- Thank you, Paul.
- What do you want to do? Forget about the law, pretend you're a jury.
Find yourself somebody who'll testify she wasn't in any condition to say yes or no.
It doesn't matter what happens now.
Nobody's ever going to believe me.
The civil suit is a problem, because the only way it makes sense is if they have a witness.
Someone to convince a jury you consented.
I didn't! Plus, whatever they have in their back pocket? The front pocket looks pretty good.
- You did know the boys.
- Not that well! I'm tired of feeling like a slut.
Have you talked to Gary Burnham? No.
Why? The police think he's frightened about something.
Did he participate in the rape? No, I don't even think he was there.
I mean, I didn't see him.
The bartender remembers you.
He says you went upstairs with a man in a costume.
Something about big ears.
We went through this.
I don't remember.
Maybe I don't know, maybe it could've been a mouse with big black ears.
Then again maybe I'm just imagining that too.
We been through this No rabbit costume, no mouse.
You know the bartender said ears.
- Andrea said black ears.
- That's a major contribution.
Little Bo Peep, Batman, Master of the Universe, Abraham Lincoln, Lee lacocca - What? - I don't know, they're college kids.
Ronald Reagan, Nancy Reagan, Wonder Woman, Snoopy, Spiderman Snoopy? Let me have that card.
Hubble's law of the critical energy density.
Beautiful, huh? Little school girl, white knee socks.
- She said she was with you.
- She said she felt sick.
Had too much to drink.
So I took her upstairs to the bathroom.
- Did you leave her there? - No.
I came back down, had a drink, I got worried when she didn't show, so - I have to testify about this? - You might have to, yes.
I have a lot of work to do here, so, I really shouldn't have said anything.
You should have told the police.
- At the time, I didn't make the connection.
- Absent-minded physicist? You don't look that out of it, Mr.
I went to look for her, she came stumbling out of a room.
Look, these jocks, if I testify, they're going to We can always finish this conversation in court.
Okay, Joel runs out, throws his arms around her and sort of carries her back in.
Joel Holder? Yeah, Joel Holder.
Schiff: What would you settle for? If he'll roll on Campion? Rape three.
Maybe toss in menacing.
Robinette: With the questionable DNA, - rape one is going to be tough, anyway.
- Even with witnesses.
I hate to roll him, Adam, but the closer we get to trial I'd be happy with anything before we get hit with whatever Holder and Campion's lawyers have under their hats.
So far we're basically shooting blanks.
Set up a meeting with her tomorrow, maybe she'll be ready to plead him out.
I hope so.
Newspapers make their stories up.
- Just like your defendant.
- Rape third degree, menacing, with a leniency recommendation.
- That could still mean prison.
- I'm not going to jail.
You're convicted, a jury will send you away for longer than we do.
So you want me to lie, betray my friend and go to jail for doing this? A witness saw you dragging her from the room.
- I wasn't dragging her! - Joel! She was drunk.
I was helping her walk.
I assume Ms.
Gifford informed you that rape in the first degree holds a minimum of eight years? Stop trying to scare him with numbers.
He's succeeding.
It wasn't rape! Joel, not another word.
And if it takes a trial to prove that we're innocent, then maybe we have to go through with it.
We'll talk sexual misconduct.
A misdemeanor? For what happened to her? You have the wrong century.
And you have the wrong offer.
I feel for Ms.
But she's putting herself through this for nothing.
And doing it to my client, too.
Either he's tougher than he looks or he believes what he says.
Let's see what Campion believes.
You can't prove sex wasn't consensual.
All you've got is the girl.
And her memory is as bad as her morals.
We have a DNA match on your client, a witness who puts Ms.
Fermi in his room, and a slew of witnesses that say she was very drunk too drunk to consent.
I read the medical charts.
13 is not that high.
She was a heavy drinker.
Now, you said you had something to offer? Rape three.
With a recommendation.
Plus testimony.
What is he, a serial killer? We could discuss just discuss sexual misconduct.
For Mr.
Holder, maybe.
Not for Mr.
I can't believe this.
You're destroying my life.
- Doesn't anybody understand? - We're just talking.
My mother hardly gets out of bed anymore.
My father, who's going broke to prove I'm innocent, looks at me like I can't even be his son.
- That's enough.
- It's not enough! You're playing with my life like it's a game.
Rape three, rape one, sexual misconduct.
It's a joke.
- Andrea came to the party - We discussed this.
And I don't want to wait.
She knows what she wanted and she got it.
If you want proof, talk to her boyfriend.
Talk to Gary Burnham.
He set it all up.
I haven't heard the word immunity.
This week I forgot what it means.
Then my client forgot what happened.
If he tells the truth and it's accessory, he won't be charged.
I invited her to the party.
But she knew why.
To have sex with some of the fraternity brothers.
With Holder and Campion? They just happened to be first.
It could've been anybody.
- She just wanted to have a good time.
- She told you this? I found out about all the guys she'd had.
She said it was no big deal.
I got angry.
I said "You want to take on the whole house, I can arrange it.
" She laughed and said, "Go ahead.
" - You thought she was serious? - Not at first.
When I called her about the party, I said they were waiting for her.
She said, "They're going to love my costume if they like little girls.
" I thought she meant it.
I thought she wanted it.
None of it is true? Okay he thought he was the first man in my life.
And when we fought, we said stupid things.
But we didn't mean them.
Did you say the boys would like your costume if they liked little girls? - It was a joke.
- Gary will testify.
So now it's not just my word against Ted and Joel's? It's against Gary, too? You don't want to go through with this.
Do you? If the boyfriend's convincing and the jury sees a premeditated orgy We're on a line, seduction or betrayal? Juries like the seduction side.
I had a breakfast this morning at the City Club.
Two bankers sitting behind me.
I listened while they convinced themselves she's responsible.
What are we supposed to do? Rewrite the entire sexual history of women in the courtroom? The boys think they did nothing wrong, and she's vague.
- She threatened, she knew them.
- And she didn't consent.
The Supreme Court in Canada has allowed women's sexual histories to be introduced in rape cases.
Message for you.
Current issue "Sex Crimes and the Law.
" Page 54.
"Recent jury studies show women need to separate themselves from the victim.
They need to believe it could not happen to them.
Therefore, women do not believe the victim.
" - This cheers me right up.
- We need a jury of feminists.
You need a witness to get you past reasonable doubt.
The law says we don't need corroboration.
Last time I looked, Utopia's a small town upstate.
Different zip code from the criminal court's building.
Gail Carradine's strong, but she's not strong enough.
Schiff's right.
With Campion and Holder in ties and blue blazers, the jury see their sons.
They won't see their daughters in Andrea.
How about Gail's husband? What about him? She said he had been the president of the fraternity.
So? Fraternity presidents tend to be straight arrows.
Why not appeal to his honor? Why don't you try prosecuting bad guys, like criminals? Ted and Joel are good guys? You were on the same floor at the same time this rape took place.
No, I never saw a rape.
You really want Theta Phi to be a fraternity of rapists? I saw Gary in the hall.
He was sitting down.
He was drunk.
He looked like he was going to cry.
I asked him what was wrong, and he said, "I should've warned her.
She didn't know.
" We had a deal.
You can't charge him.
"If he tells the truth and it's only accessory, he won't be charged.
" - You lied, Gary.
- It was a mistake.
We have a witness who talked to you.
You knew Andrea didn't consent.
You can't get in testimony against my client.
Statement against penal interest in furtherance of a conspiracy.
- I think we'll get it in.
- Try it.
We'll have an indictment on Mr.
Burnham in 36 hours.
- I just want this to end.
- It can if you cooperate.
A few minutes with my client, alone? He'll say what you want him to.
I can't promise you'll get a conviction on it.
- Sexual abuse first degree.
- Come on.
If anybody deserves a misdemeanor, he does.
- He didn't have sex with her.
- Just pimped for those who did.
Sexual abuse two.
You need him.
He's your best hope.
Ted and Joel told me she wasn't worth worrying about.
They'd prove the kind of girl she was.
When you entered the room, what did you see? Ted was having intercourse with Andrea.
And did Andrea protest? At first she looked unconscious, then she started to moan.
She tried to sit up, but Ted pushed her back down.
His shirt fell over on her face.
Was that to prevent her from seeing who was assaulting her? Objection.
Calls for a conclusion.
How long were you in the room? When Ted finished, Joel undressed.
He got on top of her.
It sounded like she was crying.
Joel finished, Ted motioned to me it was my turn.
That's when I left.
Burnham, do you have any doubt at all in your mind that Andrea was not consenting to have sex with the defendants? Objection.
He has no knowledge of anyone's state of mind.
Statement of intent, hearsay exception.
Still conclusionary, Mr.
Objection sustained.
No further questions.
Burnham, did you and the other boys stand around and say, "Let's get Andrea to the party and rape her?" No.
We talked about having sex with her.
Then you thought she'd be willing, isn't that right? We thought, I mean, I thought If you planned to have sex with her, either you assumed she'd be willing or she'd have to be raped.
Now which is it? We thought she wouldn't mind.
Wouldn't mind having intercourse with your friends? Why would you think that? I guess because of her reputation.
Objection! Ms.
Fermi is not on trial here.
Judge: Sustained.
Let me ask the witness directly.
Did you believe she wouldn't mind because she told you she wouldn't? I misunderstood her.
I said that There was no misunderstanding in your pre-trial statement.
Are these your words? "I said, 'If you want to take on the whole house, I can arrange it.
' She laughed and said, 'Go ahead.
"' I said later I knew she didn't mean that.
This was after entering into a plea bargain agreement with the District Attorney's office? I was sorry for what happened.
For having lied, for having hurt Andrea.
I loved her.
Just one more question.
If you thought she was being raped, why didn't you try to stop it? I don't know.
Ted and Joel were my friends.
I don't know.
No more questions, Your Honor.
- Redirect, Your Honor.
- Briefly, Mr.
Burnham, the night of the party, did Andrea do or say anything to you to indicate she wanted to have sex with the defendants? No.
Thank you.
I had been drinking for maybe an hour.
Do you recall entering the defendants' room? It's all hazy.
I remember sitting next to Ted on the couch and he held a bottle of scotch up to my mouth.
Do you remember being forced to have intercourse? Just in flashes.
I'd blacked out.
I remember trying to leave the room once and somebody pulled me back in.
And the room was dark and I was on the floor and it was happening.
What was happening, Ms.
Fermi? Somebody on top of me inside me.
And then somebody else.
And I tried to push them off.
I said, "Please, no.
" But they wouldn't stop.
And something fell over my face and I couldn't breathe and I passed out.
Thank you.
No further questions.
Fermi, we've heard testimony that you consumed seven to 10 ounces of alcohol.
- Have you ever had that much before in an evening? - Yes.
Can you normally walk and talk clearly when you've consumed that much liquor? I passed out that night.
So between the time you had a normal moment with the defendants and the time you regained consciousness, you can't really say what happened, can you? I've already said what I can remember.
Isn't it possible you indicated a desire - to have sex with the defendants? - I hardly knew them.
And what I knew of them, I did not like.
Can you swear, that in the interim between the perfectly acceptable behavior of the defendants and the time you claim to have been assaulted, you gave no indication that you would have sex with them? I told you, I didn't know them very Yes or no, Ms.
Can you swear to it? I cannot believe that I would've done that.
Isn't it possible you might've forgotten you consented and in a moment of panic thought you were being raped? If you think a woman doesn't know when she's being raped, I hope you never find out how wrong you are.
She was well-prepped.
At least you're still in the ring.
She was good.
She could've been turned against herself.
She's about to be.
Andrea slept with someone else the night before the party.
Old boyfriend.
They call him tomorrow.
Son of a bitch.
Our engaged victim.
That's the trump card.
Call her.
I want to see her.
I want to see her now.
How could they have found out about that? They have investigators, too.
You realize you've put this entire case in jeopardy? If you had told us, we may have been able to work around it.
He was lonely, he wanted me back.
He told me how beautiful I was.
I let him kiss me it just happened.
You always said that prior sexual experience wasn't relevant.
It was the night before, for God's sake.
In the jury's mind, it bears directly on your attitude toward casual sex.
You testified you thought you were engaged.
But it doesn't change the fact that I was raped! Or do you think it does? What I don't understand is why were there only two types of semen present? It's viable for 24 hours.
Because Jimmy and I used a condom.
I always do.
No exceptions? Never.
Gould: Mr.
Hollis, you knew about this case.
Why didn't you try and contact - either the defense or the prosecution? - Why would I? It had nothing to do with the rape.
Alleged rape.
Then I talked to the man in your office, and I guess I realized I didn't have any choice.
Thank you.
No more questions.
Hollis, you testified this was an impulsive act on both your parts? It happened pretty quick, yes.
Was any precaution taken against disease transmission or pregnancy? We used a condom.
So despite the passion of the moment, - you still took the time? - She insisted.
- She always did.
- Always? Yes, always.
Thank you.
Your Honor, the People would like to recall a previous witness.
Andrea always demanded we use them.
She was fanatical about it.
So if she were voluntarily having sex with someone, it would not be unprotected? Objection, calls for a conclusion.
Then I'll rephrase the question.
Burnham, in your relationship with Ms.
Fermi, who purchased the prophylactics? I usually had them.
If I didn't, she always kept one in her purse.
Thank you.
No further questions.
Concerning the defendant Joel Holder, on the charge of rape in the first degree, how does the jury find? We find the defendant not guilty.
Concerning the defendant Theodore Campion, on the charge of the rape in the first degree, how does the jury find? We find the defendant not guilty.
Reporter: Ms.
Fermi! Ms.
Fermi, how do you feel about this? Reporter #2: Ms.
Fermi! Was that a bad decision?! Don't do this to yourself.
You did nothing wrong.
They knew what they did to me.
They knew I didn't want them to.
- And that jury told me I'm guilty.
- They were wrong.
I went through all of this for nothing.
It may seem like that this second, but this verdict will outrage people, and the next time Great, thank you.
Thank you for the pep talk.
It's nice to know I performed a public service.
Fermi, Ms.
The jury made a mistake, the system let you down.
I'm sorry.
So am I, Mr.