Law & Order Special Victims Unit s22e06 Episode Script

The Long Arm of the Witness

1 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.
Palma, you claimed my client groped you on the dance floor? Yes, I had to smack him away.
With one hand, because your other hand was holding a vodka and soda? How many drinks in were you at this party? Objection, Valentina Palma isn't on trial here.
- Ian Hunter is.
- Testing my patience, Ms.
Moving on.
After my client groped you, didn't you ask him for a ride home? It was late.
I didn't feel safe taking the subway to the Bronx.
And did Ian drive you home? Yes, but to his house, not mine.
To his parents' house in West Hampton.
Why didn't you tell him to turn around? I fell asleep in the car.
But you were awake enough to enter his beach house - and have sex.
- It wasn't sex.
- I said no.
- No to getting in his car? No to going in the house? Or no to having sex with a young man you didn't realize had raped you - until two months later? - Objection, badgering.
Last time, Counselor.
It was two months, wasn't it? - Yes, but I - Thank you.
Nothing further.
- You've been there before.
You've got this, Liv.
Captain says it's getting ugly.
She testifies next.
Carisi should have never let Suffolk County take the case first.
Yeah, but he can try Ian on forceable touching in Manhattan, four years tops.
It's 15 years for rape in Suffolk County.
If he's convicted.
Preppy boy charged with raping a South Bronx Latina in the snow white East End.
Calhoun's defending him.
It makes me nervous.
As we both know, the fact that Valentina didn't disclose for two months is not at all unusual.
If that's true, why didn't Manhattan take the case? Because the more serious charges were here.
Not because your DA knew you had no real evidence? - Objection.
- Withdrawn.
Thank you, Captain Benson.
- Prosecution rests.
- Very well.
- Defense ready to proceed? - We are.
But at this time, we move for a trial order motion, for dismissal.
Prosecution failed to make a case.
No rape kit, delayed police report Thank you, Counselor.
I'll consider your motion during recess.
- Is that motion bad? - No, it's a routine move.
Defense attorneys do it at every trial.
It's a Hail Mary.
Rita Calhoun is worried.
She knows that if she puts Ian on the stand, the jury is gonna see right through his smirk.
Todo está bien, Valentina.
So your friend Rita, huh? I think she grew another dorsal fin during quarantine.
Oh, it was always there.
I think that she just had it sharpened.
Judge Gallagher wants everybody in.
In "he said, she said" cases, almost by definition, there is reasonable doubt.
Before this accusation, this exemplary young man Ian Hunter, had already been accepted to Vanderbilt Law School, but you, Ms.
Palma, disrespected your scholarship to Tompkins Square University by binge drinking at a party.
Then, after asking Mr.
Hunter for a ride home and willingly entering his house, you waited two months to decide you'd been raped.
I have no way of knowing what actually happened that night, but I do know that I can't let this court cavalierly destroy Mr.
Hunter's future.
I've heard the evidence presented by the prosecution, and I find it legally insufficient to establish the offense charge therein, therefore I am granting the defense motion to dismiss the indictment.
Thank you, Judge Gallagher.
He can't do that, can he? He can try, but it doesn't mean that he's gonna get away with it.
We can appeal this.
This is not over, Valentina.
I'm so sorry.
Tough loss.
I did have home court advantage.
- What does that mean? - Gallagher, I just found out, he wasn't supposed to be assigned this trial.
He bird-dogged it.
We were all a part of his show trial to shore up his base.
He just used you to launch his political career.
Today I'm announcing my candicacy for New York State Attornet General.
There's lawlessness in the streets.
Our suburbs, our way of life, are under attack, and so are our sons.
The Me Too pendulum has swung too far.
"Our sons"? Guess he doesn't care about our daughters.
Not even a little.
All this guy cares about is himself and his political career.
What is his pedigree? Hudson U undergrad, Harvard Law, eight years as a Suffolk County ADA.
He ever put his thumb on the scale - when he was a prosecutor? - Yeah, first year, he had four high profile rape convictions, all Black and Latino defendants, and then he declined to prosecute a white college male in a "he said, she said.
" The old boy network is strong out east.
So is the corruption.
Look who's spearheading his campaign.
Not the Hunter family? Close enough.
Tom Burns, Ian Hunter's maternal uncle.
That guy was at the trial every day.
The fix was in before "all rise.
" It's pretty much what Calhoun told us.
She may have overplayed her hand.
I can appeal Gallagher's decision, but Valentina doesn't want to go through another trial, but if we can prove quid pro quo, there's a good shot that we get that decision reversed.
- This may help Gallagher and Ian's uncle have known each other for 30 years.
They were in the same frat at Hudson U.
At Hudson U in the '90s? I may know someone who went to school with them.
Another country club buddy? Just the opposite.
Captain, your reputation precedes you.
Oh, as does yours.
Congratulations on the promotion.
Head of the Civil Rights Unit, that's a big step up.
Well, after the riots, they needed someone what did my boss say? "Who checked every diversity box.
" So What brings SVU to the people's republic of Brooklyn? The past.
We're looking at a judge.
Charles Gallagher, you two were undergrads at Hudson U together.
- You remember him? - Chip Gallagher.
I wish I could un-remember him.
I worked in the frat kitchen.
He never bussed a tray once, and now he's running for AG.
Yeah, and to kickstart his campaign, he, - threw out a solid rape case.
- In Suffolk, I heard.
And it turns out the defendant's uncle was Tom Burns, another Hudson U alum.
I know him too, those two were thick as thieves.
So Burns donated to his campaign.
If we could prove that it was a bribe Tough case to make, but I wouldn't be surprised.
They've been covering up for each other for years.
Covering up what? I've probably already said too much.
Counselor if there's a reason that Gallagher shouldn't be AG, we need to get that out there.
It was a long time ago Early '90s.
Sweet, brilliant girl who was so Brutalized by Gallagher, she uh, she dropped out of Hudson.
It's haunted me because I didn't help her.
So you're saying that he raped her.
She told me he raped her while Tommy Burns held her down.
Did she report this? She did, but those days, it got buried.
Gallagher went on to Harvard Law, - became a judge.
- And the victim? Not a week has gone without my thinking about what Chip did to her.
Nobody cared back then, not even Isaiah Holmes.
I don't blame him.
We were on scholarship.
No match for that crowd.
Can you tell us about Gallagher? He invited me April from Sunset Park, to a frat party like he was interested in me, but it was a setup.
He assaulted you.
One glass of punch.
Then I woke up with Gallagher on top of me, his wingman Tommy Burns laughing, holding me down.
What happened when you reported it? Campus cops interviewed me, Chip, his frat brothers.
Then they basically told me I shouldn't let one drunken night define my college experience.
Did you ever go to NYPD? No.
Those guys control the narrative.
I realized I was never gonna make it in their world.
Never even made it to law school.
Kelly, look, your case is past the statute of limitations, but often when one person comes forward Not me.
I tried to fight Gallagher 30 years ago.
Lost And he's running for AG now? If I go up against him, his old boy network will destroy me.
I have to go back to work.
So that's it? Well, if she reported it to Hudson, there might be a record.
Yeah, but didn't you used to know the president? Well, there's been a revolving door lately, but Gallagher teaches there.
I should give the new president the courtesy of a heads-up.
We're lucky to have a judge of Gallagher's stature teaching constitutional law here.
We think the world of him.
Well, it doesn't seem like your students agree.
I can't say I entirely disagree with them.
The ruling in the Suffolk case was upsetting.
Frankly, I wish the Manhattan DA had prosecuted the case.
That was a decision beyond my pay grade.
I imagine there's a lot of those.
Anyway, if you're vetting him for his AG run, I can assure you, there have been no complaints about him here.
As a professor.
And I realize this is before your time here, but do you know anything about his record as an undergrad? You're fishing for something.
You want to give me a hint? There may have been a sexual misconduct claim filed against him when he was at Tau Omega.
This would have been in the '90s.
- I'll look into it.
- Thank you.
But I doubt we'll find anything, given his character and, frankly, the way complaints - were handled back then - I would appreciate any help.
Of course.
You get anything, captain? Well, President DuBois agreed to look into April's accusations against the judge.
- And you believe her? - I don't know.
I mean, she said all the right things, but, that's why they hired her.
Ask Carisi for a warrant.
I think that'll raise a red flag.
There might be a better way.
Working campus police, I got more bennies than even you guys.
Three kids, free tuition.
My third's a senior, protesting that judge.
Actually, he's why we're here.
Any chance you were on the job back when Gallagher was a undergrad? My first year.
You know he was accused of raping a girl your daughter's age? Listen, I can't talk to you, man.
You gotta go through administration.
You know how that goes.
Any chance you got any of your memo books from back in the day? The victim's name was April Kelly.
Sorry, I gotta go, Officer.
I drive my daughter home every day.
You can never be too safe with a college girl.
I wish I could have been more help, man.
Hey, if anything comes up.
- Hi, Dad.
- Hey.
Hello, Officer.
Investigating a decades old assault charge on Judge Gallagher with a reluctant victim seems an overreach.
He's running for attorney general.
His victim disclosed to me at the time.
Chief, I spoke to her myself.
- She's credible.
- And her case is outside the statute.
This guy is a predator, who protects other predators.
If we keep digging, we're gonna find more victims.
Sorry, sir, I told him you were in a meeting.
My fault, Chief.
It's important.
I'd appreciate a few minutes.
Of course, Judge.
It's okay, Celia.
So these are my accusers? Captain, Counselor, and Isaiah.
Et tu, busboy? Been a long time, Chip.
Counselor Holmes and I go way back when he was slinging fish sticks.
He knows I have nothing to hide.
You have questions, you should have come to me.
Just due diligence, Your Honor.
This because you just lost your case or because I'm running for AG? We have a credible accusation.
Credible or ginned up? In this environment, any woman can say anything.
If you have political opponents, they'll run with it.
Well, if that's the case, then we'll find out.
Before or after you've achieved your true goal to tar me? That's not what this is about, Judge.
You're gonna sit there and tell me these three aren't biased against me? You're a smart guy.
Think you'd know a hanging jury when you see one.
Thanks for calling.
Wasn't my idea.
Well, thank your daughter.
Went through some old boxes in my garage, found a bunch of old memo books, - but.
- I didn't get 'em from you.
And his other two victims I found, you didn't get those from me either.
So how did you guys hear about my case? Hudson U just treated me like I was toxic waste.
Well, somebody who cared came forward.
Look, if you feel uncomfortable at all, or if you don't remember the details Oh, I remember the details.
Chip Gallagher assaulted me.
So can you tell us what happened? I passed out at a party, woke up with his thing in my hand, and the whole room was laughing.
- Did you report Gallagher? - The next day.
They took statements from everybody in the room, Chip's pals, my so-called friends.
They all backed Chip, just like with April.
So you knew about April.
When April heard about it, she reached out, told me what Gallagher did to her.
At least it made me feel like I wasn't crazy.
If we can make a case against Gallagher, would you be willing to testify? Isn't it too long ago? We wouldn't be able to prosecute your case, but this is still an open investigation, so his conduct with you would certainly speak to pattern.
If you say so.
In my opinion, guys like Gallagher, they've been above the law for so long, nothing touches them.
I was a freshman.
I couldn't believe I was invited to a Hamptons party.
I had some drinks.
I woke up on a boat, naked and alone with Chip Gallagher.
I was scared.
- I begged Chip to take us back.
- And what did he say? He said I had two choices Hump or jump.
I'm so sorry.
I was a city kid.
I couldn't swim.
At least it was over fast.
Did you ever file a police report? Hudson U said it was a campus security matter.
When you're on financial aid, you do what the school tells you.
So they told you they'd look into it and not to go to the police.
Would you be willing to testify against him? I'm a court reporter.
For the past 15 years, I've taken the testimony of every skeeze, sleaze, and scumbag they make.
My dream Someone else typing while I testify against Chip Gallagher.
So April is still reluctant, but Francine is willing, and Carmen has already given an interview to Buzzfeed about how she was sexually assaulted by Gallagher as an undergrad.
And we've got campus police memo books to back 'em up.
Okay, it's a start, it goes to pattern, but I still need a case within the statute.
Also going to pattern, Gallagher only chooses women from lower classes on scholarships, ethnic.
So we look for more women in his orbit that fit that profile.
Well, you better move fast.
Gallagher's circling the wagons.
With us today are ten lawyers who've been mentored by Judge Gallagher, as interns, clerks, or students.
Each of these women, has signed a statement attesting, that the judge is a man of impeccable character, incapable of the kind of behavior he has been falsely accused of.
Calhoun is defending Gallagher now.
- So there really is no bottom.
- Or shame.
She just argued a case in front of him.
I pride myself on having created opportunities for women throughout my career.
If I stand for anything, it's for equity and fairness.
I don't see gender, race, or creed.
All right, well, he doesn't see class or color, but when I look at that screen, all I see are white women of privilege.
So we know he's not raping them.
But these guys call in favors from women they haven't assaulted.
- We've seen that move before.
- All right, then we need to find the women that didn't sign that statement.
This was over ten years ago.
I can guess why you're here, and I can tell you right now I can't help you.
You weren't a part of Gallagher's press conference.
I just made junior partner at my firm.
- I didn't have the time.
- Maybe it's because Gallagher was less of a gentleman with you.
He was my professor, my mentor.
And you're saying he wasn't hands on? I wouldn't be here today earning high six figures without his referral.
You should be very proud, a girl from the Pink Houses.
I am.
I moved my moms out of the projects in Brownsville into a brownstone I now own.
You're afraid all that'll go away if you Let people think that you slept with your professor? I was talking to your partner.
He's my boss, but maybe you and I have More in common than you think.
I had to leave my first job, my hometown, because of a guy like Gallagher.
Then you know I didn't sleep with him.
He said he needed an assistant on a fast track to clerk.
Didn't matter that I was one of his best students.
I had a choice, between failing his class or acing it with a law school recommendation and a clerkship that led to this job Maya, you don't need me to tell you, that that's rape.
Maybe rape three, but that's a tough case, and it might put my partnership at risk.
Maya, I can't tell you what to do, but I've never known a sister from Brownsville that would step away from a fight, when someone had done her wrong.
Two women he went to college with and someone who clerked for him are making unsubstantiated accusations.
This isn't an investigation.
It's a political inquisition.
Rita, you can spin this any way you want.
We found these women.
They didn't come to us.
And the DA's willing to go to trial on this tomorrow.
Correct me if I'm wrong, Counselor.
You went to Fordham Law night school? You've been a ADA for a year? Hold on, Your Honor.
Neither of you like my client, but let's face it.
If you had a viable case, you'd have already perp walked him, so why are we here? The DA's also willing not to proceed if Judge Gallagher agrees to drop out of the AG race.
What the hell are you talking about? He'd also have to resign from the bench.
Olivia I have asked the judge to give you the benefit of the doubt, but these overt ideological and personal attacks are beyond the pale.
Rita, this isn't personal, and this is not political.
Your client is a rapist.
The only reason, that he's getting off on a complete walk, is because the DA doesn't want it to look like he's interfering in a political race.
I'd take it, Counselor.
Respectfully pass.
Judge, let's go.
You people in Manhattan really live in a bubble, don't you? The world has changed.
You have no idea what you're dealing with.
You know, if you keep this up, I'll see to it you're disbarred.
You get lucky, maybe the NYPD'll take you back.
You can do traffic stops on Staten Island.
- Your Honor, we're done here.
- Okay, all right.
Something they can't teach you at Fordham, how to belong.
People on the eighth floor who nod at you in the elevator, they can smell the flop sweat and the garlic coming off your cheap suit.
Keep going, Judge.
Yeah, what do you want to hear, you dumb dago? - You want to go? - Yeah, fine.
- I'll take you out right here.
- Okay, that's enough.
- That's enough.
- Or we can go right now.
- Either way's fine for me.
- Carisi.
No need.
You're in so far over your head, you don't even know your career's dead and buried.
- You okay? - Fine.
Screw him.
- I'm sorry you had to listen to that.
- I'm not.
It's always good to know what's right there below the surface.
He has so much ego.
He thinks that he's invulnerable.
It hasn't even occurred to him that he's risking prison time.
Eh, to the contrary.
He sees this as a way to shore up his status as a victim of cancel culture persecution.
Charges are slanderous Calhoun is beating that drum as loud as she can.
You have your work cut out for you, Counselor, good luck.
My client has been a respected and dedicated civil servant for over 1/4 century.
He has devoted his entire life to upholding the Constitution and the rule of law.
Isn't Carmen your first witness? Ms.
Benitez, you need to wait with the court officer until you testify.
- I won't be testifying.
- Wait, hold on, look, I know how stressful this can be, but you were solid on I just got a text from my supervisor.
He said if I testify, no judge will take me as their court reporter.
I'm sorry, I have to work.
I have kids.
Hold on, hold on, they're threatening to blackball you.
That is illegal.
They cannot do that.
Like that's ever stopped Gallagher.
- We can call your supervisor.
- Please don't.
All right, I'll just I just tell Francine, that after opening statements, she's up first now.
Carisi, don't you let these bastards get to you.
You got this.
I was a freshman at my first frat party.
- I had too much to drink.
- And what happened? - I must have passed out.
- And when you came to? I was on the floor.
Chip Gallagher was kneeling over me, and he had put his erect penis in my left hand.
Was anyone else there? His frat brothers watched.
I can still hear them laughing.
Did you report this to Hudson U? I did.
They told me not to go to the police and then they deemed it unfounded.
I ended up transferring out.
I've replayed the humiliation of that moment in my head for over 30 years.
Thank you.
Giamba, you've been married twice.
No, I'm sorry.
Three times.
I don't see a ring on your left hand.
No, that's because Right, because you've been divorced three times - and all for infidelity? - Objection.
Prosecution is using this woman as a Molineux pattern witness.
I'm merely showing a pattern of deceit that this witness - Sustained.
- Cheated on three husbands she promised to be faithful to.
Calhoun, the objection is sustained.
I don't see why the jury should take her word against my client now.
Jury will disregard.
One more word, Ms.
Calhoun, and I will hold you in contempt.
Nothing further.
Bell, when you first met the defendant, he wasn't just a law school professor.
- He was also a sitting judge.
- Yes.
I looked up to him.
He seemed to take a special interest in me even though I was on scholarship.
And what changed your relationship? I asked if I could use him as a reference for a clerkship.
He said he would be happy to discuss my future if I met him at his campus office one night.
And what happened in that meeting? He said he would be open to helping me if I was open to helping him.
What did you take that to mean? He made it clear, that if I wanted good grades, a recommendation, I had to, as he put it, "approach the bench.
" By that, he meant service him sexually.
And did you? Yes The first time that night.
I subsequently had "night court" with him His phrase for oral sex Until the semester ended.
Did he physically force you? No, but he made it clear, that if I didn't do what he wanted, he wouldn't just fail me.
He'd see to it that I would lose my scholarship and be expelled.
One phone call and my hopes of a law career would be dead and buried.
Dead and buried.
Those were his exact words? Yes.
I knew I would never become a lawyer.
Thank you, Ms.
I know it wasn't easy for you to be here today.
As a lawyer, Ms.
Bell, I assume you know the penal code for prostitution in New York State? Yes, and I know where you're going, and this is not Didn't you just testify you exchanged sex - for monetary rewards? - I was forced to.
Do you have any proof texts, emails, witnesses of your sex for success arrangement with my client? No.
The judge was very careful.
- And you were very grateful? - Objection.
I'll just prove my point.
Would you please read aloud this email that you sent to Judge Gallagher? "Chip, a note of thanks for all you've done for me.
" "I began my clerkship today," "and I never would have made it here," "without your support.
" Does that sound like the kind of note that a victim sends to her rapist? I think a part of me was trying to pretend that what he did to me didn't happen.
He had recommended me for the clerkship, so I And didn't you choose him to swear you in as a lawyer? And didn't he write a recommendation to the firm where you are now a junior partner? Yes, but that doesn't mean Your testimony seems to me like nothing more than an ambitious young woman looking to hustle some free Me Too publicity.
- Objection.
- Withdrawn.
No more questions.
Bell, can you in any way benefit from your testimony here today? No Not if it makes people question how I got my job.
I want to be fair.
Gallagher did help me.
That's why I didn't come forward earlier.
But he did assault you? Yes.
Nothing further.
Thank you.
How are you holding up? Well, they were both better at prep.
Well, they see him sitting at the table and they get intimidated all over again.
If I were on that jury, sex for success versus inability consent, I'd see reasonable doubt.
I mean, this is textbook "he said, she said.
" Gallagher's favorite phrase.
There's no reasonable doubt about what happened to me.
It was rape.
I saw his lawyer's press conference calling the other victims opportunists or crazy, or liars.
I don't want Gallagher to get away with what he's done.
I'll testify.
I woke up lying on a cold bathroom floor.
I was naked from the waist down.
Chip Gallagher was on top of me.
He was raping me while one of his brothers held me down.
- Did you go to the police? - No.
I reported it to Hudson U.
They said they would handle it.
- And did they? - No.
After they investigated, they declared the case unfounded.
Thank you, Ms.
Kelly, why do you think Hudson believed this encounter - was consensual? - I don't know.
Was it because none of the supposed witnesses to this backed you up? They were his frat buddies.
Didn't campus police interview two of your friends who said they saw no rape? - They weren't in the bathroom.
- Okay.
- You were drinking.
- Yes, I said that one drink.
And you don't remember how you got on that bathroom floor? - No.
- So isn't it possible you don't remember initiating the sexual encounter? - Objection.
- Overruled.
I didn't.
He raped me.
But no rape kit, no police report.
Well, they told me if I reported it to the police, it could jeopardize my scholarship.
And did you report this to anyone? I told a classmate Isaiah Holmes.
And did Mr.
Holmes do anything on your behalf? Did he report what you supposedly told him? I did tell him! Chip Gallagher raped me.
He ruined my life.
I was gonna be a lawyer.
Were you? You failed out of Hudson.
This was 30 years ago.
Isn't it possible that you ruined your life all by yourself? Objection, badgering the witness.
You're unhappy with your life.
Isn't it possible you're looking, for someone else to blame? I can't do this! I can't.
Your honor, request a recess.
I'm not finished with my line of questioning, Your Honor.
I think the witness is.
I tried to talk to April.
She said she wished I never brought any of this up.
I was the one that came to you in the first place.
I thought I could make things right, but, I could not help April today any more than I could 30 years ago.
You could testify to that.
I was in the courtroom to be supportive of her.
Calhoun will claim that taints any testimony I give.
She will, but let me take it to the judge.
You were an outcry witness.
That has to carry weight.
And you think that'll make any difference to the jury? It'll make a difference to Gallagher.
When did April Kelly tell you that she had been raped by Chip Gallagher? Your Honor, approach? Again, I object to this witness.
How do we know Mr.
Holmes' testimony hasn't been tailored to confirm what he heard April Kelly claim on the stand? We went over this in chambers, Your Honor.
Calhoun, your objection is on the record.
You will have the opportunity to cross-examine on that point, and, as I said, I will remind the jury, that when they evaluate this testimony, they need to take Mr.
Holmes' earlier presence into account.
Step back.
You may proceed, Mr.
April told me the next day.
She was distraught, broken, I'd say.
I knew she was telling the truth.
Was there another reason that you believed her? Yes, that morning, while serving them in the frat dining hall, I heard Chip bragging about what he'd done to April.
In front of you? I believe they were accustomed to not noticing the help.
And did you say anything to Gallagher? - I tried to confront him.
- You tried? I was a confused kid in college, unsure of my own racial and sexual identity.
Relevance? I'm getting to that, Your Honor.
What happened, when you confronted Mr.
Gallagher? He just smirked.
Then he said, if I reported him, he would tell everyone I was "not just a half-breed" "but a homo," and that he knew the school trustees.
He could kill my scholarship in a phone call.
And so you did not support April's accusation? No, to my lasting shame.
And even today, is testifying against a sitting judge, a candidate for state attorney general, a good career move for an assistant district attorney? I wouldn't think so.
So why are you testifying today? I am trying to right, the worst moral lapse of my life my silence My failure to come forward on April's behalf haunts me to this day.
- Okay, Tommy, hold the fort.
This'll all be over soon.
Isaiah, looking a little pasty.
Trying to get back at me because I never tipped you, for bussing my trays? At least you're consistent, Chip.
Once an ass, always an ass.
Said the bottom to the top.
Excuse me? You know, 30 years ago, a lot of guys didn't want even a closeted homo touching their food, but I stood up for you.
Now that you're a double token sucking and jiving your way up the ladder, this is how you repay me? Did you feel anything watching April fall apart on the stand? She got what she wanted that night.
She wanted to be raped? It's a common women's fantasy, Holmes, not that a faggot like you would know what a woman wants.
- The NYPD can't have witnesses - This is inadmissible and illegal! - Working undercover.
- Nobody at the NYPD, or my office asked Mr.
Holmes to do this.
How did you come to record this? When Gallagher came into the men's room, I sensed he was going to threaten me, so I hit record.
Permissible under New York state law.
This is out of context, men's room talk.
You cannot allow it, Judge.
Actually, I can And I will.
Gallagher's taking a deal? He doesn't want that tape to get out.
He'll end his campaign and plead to sexual misconduct.
- How much time? - A year under house arrest.
Figures, judge gets off easy.
It's not my call.
The eighth floor is very sensitive to being perceived as using their power to punish political rivals.
Carisi, we get it.
Your hands were tied.
Yeah, we live in divisive times.
Gallagher has a lot of supporters Happy to see a conspiracy against their hero.
Hey, well, at least he's off the bench and on ankle bracelet.
About to close this out.
Are you ready to allocute, Judge Gallagher? I am.
Today I plead guilty to sexual misconduct.
What I thought was consensual I now understand was perceived as coercive and hurtful actions.
I understand there's a deal? We've agreed to the DA's offer of one year to be served under house arrest.
Carisi, are you comfortable with this? My office is satisfied, Your Honor.
Well, I'm not.
Judge Gallagher, you come from a good family, a fine home, and yet despite all those advantages, upon achieving power, you abused it habitually.
So in the interest of true justice for the women you've abused, I hereby order you to serve your one year sentence in a jail cell.
What? - It's fine.
- You can't do that.
- We had a deal! - You did.
And as you well understand, the bench has inherent powers in these situations.
The long arm of the law can work both ways.
You're remanded.
Take Mr.
Gallagher into custody.
It's fine.
Don't worry.
I will be in touch shortly.
How long till he's out on appeal? I don't care, it was worth it to see the blood drain out of his face.
He just got a taste of his own medicine.
Wouldn't have happened without you, Counselor.
You were brave to get on the stand.
The women were.
I wasn't.
What would have been brave if I'd taken a stand 30 years ago.
Take the win, Counselor.
Listen, you feel the need for penance, every case Gallagher ever dismissed is now up for review.
Sounds like we have some digging to do.
Excuse me.
I'll try not to gloat.
You all seem pleased with yourselves.
This was just the first round.
You know what I don't understand? Rita, what the hell were you thinking defending him? Read the room, Olivia.
The way the courts are packed, Gallagher's side, these guys and women The next 30 years, every appeal all the way to the Supreme Court.
- The fix is in.
- That's why we keep fighting.
Not if they won't let you in the ring.
Olivia, you keep staying on the wrong side of this, you're gonna be marginalized for the rest of your career.
My advice Lie back and pretend you're enjoying it.

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