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(Screaming)
Female operator: Birchfl'e/d county shenfi'emergenc y.
Ken: Hello, I'd like to report there's a girl in trouble.
Sir, may I have your name, please?
Would you listen? There's a girl in trouble.
It's the mill. It's the bar on mill road.
- S/r, I'm sorry. I must have... - Would you listen to me, goddamn it?
- (Panting) Stop! - (Car honking)
Stop!
- (Honking) - Stop!
That's a rape! I noticed there's three or four guys!
I don't know. There's a whole crowd.
- There's a whole crowd! - / w/I/ send someone down...
- Buz' first, I need your name. - (Truck honking)
Just hurry! Send somebody!
(Car honking)
- (Camera shutter clicks) - Female orderly: Raise your chin.
Nurse: What kind of contraceptive do you normally use?
(Softly) I.U.D.
- When was your last period? - Show me your hands, please.
Uh, 10...
(Camera clicks)
12 days.
Bad cramps.
- What's your usual cycle? - Turn around.
- Raise your gown, please. - Uh, 26-27 days.
Aren't you going to examine me?
- Your leg. - I need some more history first.
Female orderly: Your leg, please.
Before the incident, when was your last intercourse?
(Camera clicks)
Female orderly: Turn around. Lower your gown, please.
A while.
Can you be more specific?
Female orderly: Please lower your gown.
- Sarah: Uh... two weeks. - (Camera clicks)
- Are you sure? - Yeah.
Sarah, have you ever had a venereal disease?
Hi, Sarah.
I'm Carol hunnicutt from the rape center.
Is there anyone you'd like me to call?
Well, I'm here to help.
So, if there's anything I can do, let me know, okay?
Try to relax.
You're tensing. Easy.
- Breathe deeply for me. - (Inhaling)
Easy.
Easy. One more. Hold on.
(Groaning softly)
I'm going to comb for hair, Sarah.
Not yours. Theirs.
Nurse: Now, let's get you down.
(Lampshade creaking)
I want to scrape under your nails, in case you scratched one of them.
(Knock on door)
Sarah, this is Kathryn Murphy.
She'll be the deputy district attorney for your case.
Hi, Sarah.
You can take a shower now and a douche.
The ladies' room is down the hall and on your left.
I brought you something to wear.
I hope you don't mind gray.
- Have you got any mouthwash? - Sure.
(Sighing) A lot of alcohol.
Legally drunk.
And grass, too. What else?
What difference does that make?
She was raped by three men.
I'm not a rape counselor. I'm a prosecutor,
and I have to make a rape case.
Then go prosecute.
I'll wait in the supervisor's office.
Woman: (Over pa) Surgical resident to the er. Star.
- Murphy? - 101.
Thank you.
And I heard somebody screaming, and it was me.
(Knocking)
Sarah, this is detective Duncan.
Dunc. How you doing?
Kathryn: Would you recognize any of the men?
Yeah.
The mill is still open. We'd like you to go over there with us.
See if you could make a positive ID.
No, we'd be right there with you.
If you want to get them, I need your help.
Yeah.
(Indistinct conversations)
Kathryn: Do you recognize any of your attackers?
Yeah.
Kathryn: Let's go.
(Whispering) The guy in the yellow t-shirt.
Check the back room.
The one in the vest.
Are there any others?
(Man coughing)
Kathryn: John, could you take her out to my car, please?
I'll be there in a minute.
Excuse me, sir.
(TV playing)
I'm Kathryn Murphy, deputy district attorney in birchfield county.
We have a report of a felony committed on these premises.
Felony?
I have a search warrant signed by judge cutler.
This is detective Duncan. He's in charge of the investigation.
You want to turn down the television set so we can talk in peace?
Hey, polito. How you doing?
I didn't think I was gonna see you for a couple of years.
(Sarah humming)
The college one wasn't there.
Kurt, Danny, and the college one.
My girlfriend Sally was there.
Bob's the college one. Bob. Did you go to college?
Oh, yeah. You're a lawyer. Of course. Stupid.
Turn right here.
Uh, listen, uh...
Listen, maybe you should just leave me off here, you know... 'Cause...
'Cause, um...
He's probably asleep.
He likes to get stoned, listen to music, and fall asleep.
You okay?
Yeah...
My eyes hurt.
Are you married?
No. You?
My ma was married for 10 years, but he left when I was born.
Are you into astrology at all?
Um... no, I'm not.
That's too bad. I could do your chart for you.
When were you born?
1959.
I sure hope I can wake him up.
You want me to come in with you?
Can I ask you a question?
Does my face look really bad?
He likes to touch my face.
(Music plays softly)
I wish I knew what to say.
What?
I said I wish I knew what to say.
You want to take a drive?
Get some air, cool out.
Okay.
I'll be back in a while.
(Door closes)
(Motorcycle starting)
(Chiming)
(Dialing)
(Ringing)
- Woman: Hello? - Hi. It's me.
Sara/7, it"s awfully laz'e.
Is something wrong? (Yawn I ng)
No. Nothing's wrong. No special reason. I just figured I'd say hello.
- You lost your job? - No.
How's Amos?
- Gone. - Already?
Thanks a loz', Sarah.
I... I wasn't making fun of you, ma. I was...
Are you calling for some money?
No. I don't need any money. I was just thinking...
I was thinking maybe I'd drive out, maybe I'd come out for a week or so.
You're in trouble, n'ght?
No, I'm not in any trouble, ma. I just figured...
I'm going away
- where? - Florida.
Oh. Oh.
That sounds like fun.
Listen, ma, you have a good time, okay?
Hey, how's sadi doing?
She's fine. I just got her a new flea collar, so...
Oh. I/I/ill / talk to you soon?
Yeah, real soon.
Um... it's kind of expensive to call.
- That's why I don't... - Okay.
Look, I've got to get up in two hours.
Yeah. All right. Uh...
You go back to sleep, ma.
You take care.
(Clears throat) Hmm.
- Bye. - Bye.
(Indistinct conversations)
Sarah: It's the one in the green sweater.
Green sweater.
Bob: All right. All right.
You want to back up, boys. Just a second.
- County sheriff. Your name Bob? - Yeah.
- You want to put your hands on the car. - Why?
Policeman: You're under arrest. Put your hands on the car!
- Bob: For what? - Policeman: You're under arrest.
- For what? - Put your hands on the car!
"You have the right to remain silent.
"If you give up 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 during questioning."
Paul, call my dad!
"If you cannot afford an attorney, one will be appointed to you by the court.
"You have the right to make one phone call."
Do you understand the rights I just read to you?
- Bob: Yes. - Policeman: Fine. Join us, please.
Your honor, we expect to indict for first-degree felony.
Your honor, my client has no prior record.
And in a crime like this, there's a genuine risk
of the defendants fleeing the jurisdiction.
Your honor, my client...
I'd like him released to his family without bail...
Your honor, this is a crime of extreme violence.
The victim has legitimate concern for her safety if...
(Pounds gavel)
$10,000 each.
(Indistinct murmur)
Could I have a glass of water, please?
- She's not moving in. - It's only two days.
That's what she said last time, and she was here for three months.
(Indistinct conversations)
Miss!
Yeah.
I ordered this well-done. It's raw.
Oh, I'm sorry. I'll have it for you in a minute. No problem.
Yeah, and I asked for some ketchup.
Right, I'm just going a little senile today.
Female reporter: Three men accused of raping a young woman at a local bar
were released today on $ 70, 000 ball.
Lawyers for the accused men expressed confidence
that the facts of the case will re veal
that the young woman was not actually raped.
Our defense is simple. There was no rape.
The so-called victim consented enthusiastically
to all of the alleged acts.
- (Whistling) - She put on a show. Pure and simple.
- (Whistling continues) - Female reporter: Thank you, marcia.
The on-again, ofiiagain debate between the five candidates
vying for the council seat of Daniel fine now appears to be on again.
Representatives for the candidates met for four hours,
behind closed doors at the federal...
- All right. Bye. - (Knock on door)
- Who is it? - Kathryn Murphy.
Why did you let them out on bail?
I didn't let them out. It's standard procedure.
Until a jury finds you guilty, you're free if you can post bail.
The guy on TV made it sound like I did a live sex show.
Well, that's not the last time that that's gonna happen.
May I come in?
Oh, yeah. Come on in.
- (Dog barks) - Sadi, shut up.
The bartender at the dugout said you were sick.
You went looking for me?
Oh, well, I had to go to the doctor, and nobody at work knows.
Come on, sadi.
Um... you want a seat?
Uh... would you like something to drink? I could really use a drink.
Um, thank you, no.
Just to smooth out the edges a little bit, you know?
Uh, listen, what time were you born?
I already told you I didn't believe in that astrology.
Oh, so what? I do. What time?
At night, 7:00. August 9th.
- Oh, where? - Portland.
Do you always drink to smooth out the edges?
No, no. Sometimes I'll take a hit of pot or something.
Why? You want some?
Did you have anything to drink before you went to the mill,
or smoke anything?
Oh, half a joint, a couple of beers, you know. Nothing heavy.
And while you were there?
I don't know. I mean, I wasn't falling-down drunk or anything.
How were you dressed?
What's that supposed to mean?
It means were you dressed provocatively?
Showing a lot of cleavage, see-through blouse?
What the fuck difference does it matter how I was dressed?
They tore it off me!
Did how you dress make those guys think that they could have sex with you?
Did you put on a show?
What the hell are you talking about? You saw me at the hospital.
Well, you think I asked for that? Is that what you think?
If that's what you think, you get the fuck out of my house!
Why didn't you tell me that you had a record?
Fuck you!
I ain't got no record.
You want to tell me about it?
All right. Look...
(Sighing) I was... I was helping my girlfriend move with a u-haul, you know.
We were going through Jersey, and we ran into this cop, right?
And he sees we got a busted tail-light,
he pulls us over, he starts looking through her desk,
and all sorts of stuff she's got in the back and he finds half-a-gram of coke.
It was nothing big, you know. It was her desk.
- It wasn't my desk. It was her stuff. - So, why is it still on the books?
I don't know. You tell me. I mean, my record was definitely, uh...
- Expunged? - Yeah, expunged.
Have you ever made love to more than one man at a time?
What the fuck kind of question is that?
It's the kind of question you're gonna be asked on the stand.
You're also gonna be asked if Larry or any other man
has ever hit you and if you liked it.
You're gonna be asked about your drug bust,
and how many drinks a day you have to smooth out the edges.
And how many joints.
And how often you go to bars alone,
and whether or not you wear undennear when you go to them,
and which diseases you've caught, and how many abortions you've had.
And I will object to all those questions.
And sometimes the judge will sustain me,
but sometimes not.
That ain't fair.
Sarah, you're a witness.
And it's the defense's job to show the jury that you're a rotten witness,
because you've got a rotten character.
I got a rotten character?
You ain't gonna defend me because I'm some low-class bimbo, right?
I didn't say that.
Will those bastards go to jail?
Is that what you want?
I want those motherfuckers put away forever.
Kath ryn: Sarah said that you were here with her that night.
Uh, yeah, I was here, but I didn't see what happened.
But if Sarah says she was raped, she was raped.
Can you identify any of the men who assaulted her?
Uh-uh. I was out there.
And anyway, there were a bunch of guys blocking the doors.
So I really couldn't see.
And it was the end of my shift so I left while she was still in here.
Do you know any of these guys?
Uh-uh. There's a bunch of them that were real rowdy.
You know, yelling, clapping.
I really just thought she was partying, you know.
Well, is there anyone that you can identify?
Like how?
Well, did you notice anything different about any of them?
Let's say long hair, beard, mustache,
birthmark, bandana, jewelry,
scar, tattoo?
Tattoo, yeah.
Well, can you describe it?
A scorpion. This one guy, he had a scorpion.
How many drinks would you say she'd had?
(Sighing)
I don't know. She was pretty loaded.
I mean, she just had this big fight with Larry...
The guy she lives with.
She just needed to cool out a little.
What do you know about Larry?
Not much, except he's an asshole.
I mean, he says he's a musician, but he's just a dealer.
He rides a motorcycle.
Come on, man, give me a break. These guys are my bread and butter.
You sure you didn't see anyone else?
Some kid I never seen before.
Played one of the video machines all night.
- Who was with him? - Nobody I saw.
I'll tell you what, Jesse.
I'm gonna have to phone the state liquor authority
and tell them how you kept on serving up the booze,
while a violent felony was being committed in your back room.
- Ready? - Uh-huh. Thanks, Jesse. We'll talk.
I need these by 11:00. See you tomorrow.
Is he free?
Game time. Let's go.
I know. Just a second.
I don't believe this. I really don't believe this.
Tina, where the hell are the tickets?
Gave them to me to hold.
How you doing on Tobias?
We'll talk about it at the game. You know what parking is like there...
Tina, if Charley calls, I'll be home after 11:00.
(Spectators cheering)
Hey, ref, cross-checking! Open your eyes, will you?
Take him out, Donovan! Take him out!
(Crashing)
- You two, play hockey! - Did you see that?
Thanks.
- Here. - Thanks.
If I take it to trial, they'll destroy her.
She walked in there alone, she got drunk, she got stoned.
She came on to them. She's got a prior for possession.
That's inadmissible.
Sure it's inadmissible, but they'll ask her about it.
I'll object, the judge will sustain, but the jury will hear it.
She's a sitting duck.
I read her q and a.
Gang-raped on a pinball machine. It's an ugly case.
Question is, is it a winnable case?
Kathryn, we understand that you love to win.
But I can't let you dismiss this because you don't have a lock.
A lock? I don't have a case.
Her girlfriend didn't see anything. The bartender didn't see anything.
The others either didn't see anything,
or didn't think anything special was going on.
Now, I got polito, but the minute the defense brings up
that he's on probation, they'll know that we squeezed him.
He's useless.
What about the guy who called? The one who reported it?
We have his voice on tape,
but we don't know who he is, or where to look for him.
Well, Kathryn, do you believe she was raped?
Yes, but I can't win it.
They can't walk. So make a deal and you put them away.
- A deal with what? - You got enough. Go for rape two.
(Laughing)
Any felony, as long as it's a violent one, uh, assault,
coercion, reckless endangerment...
- Menacing... that's even better. - I can't do that.
You said she was raped, so make a deal and put them away.
I don't care if they only get six months in county.
Just make a deal and put them away.
(Buzzer ringing)
Man: (On TV) You understand, ll/lr. Polito,
that you'll be test/tying before a grand jury and at a trial?
Yeah, / got that.
Man: And you realize that you'll be test/tying
against people you're acquainted with?
Yeah.
Man: Ll/lr. Polito, havel, or anyone in the sherifi's department
or anyone in miss ll/lurphy's, the district attorney's ofi'ice
ofi'ered you any inducement to test/ty?
Il/loney, gifts, anything?
Man: Thank you, Mr. Polito.
Well, he's just a taste. The bar was filled with witnesses.
We know who they are and we anticipate that they'll all testify for the people.
Anticipate? A 100 says you'll have to drag them into court.
Another 100 says they'll be useless, because they were too drunk.
Whatever you say.
Keep in mind that under the law, we don't need corroboration to prove rape.
We do have medical evidence. No doubt about penetration.
And physical evidence. No doubt about force.
- What will you take? - Rape one.
We were thinking more on the line of say, sexual abuse two.
Rape one.
Maybe I could convince the judge not to give them the maximum.
I'd rather go to trial.
Fine.
Oh, uh, by the way, no separate deals.
One goes to trial, all go to trial.
What would you say to sexual abuse one?
I'd say rape one.
Kathryn, cut the crap. This guy, polito, looks like shit.
If you had anybody better, you'd have shown us his tape.
And your complaining witness?
She walked into a bar, got loaded and stoned
and did everything but yank their dicks. No jury will buy her.
What would you say to rape two with a recommendation for one year?
I'd say go to hell.
Henlan: Miss Murphy, are you sure you're in a position to be quite so...
Shall we say adamant?
- A rape trial is... - Kathryn: Is always a gamble.
I agree, Mr. Henlan.
And I know your reputation. But look at these photographs.
This is what the jury is going to see, and they're gonna see the girl, too.
And you can't tell it from these, but she's tiny.
She's the most defenseless-looking thing you ever saw.
And if we go to trial and you lose,
I'm gonna ask for 15 to 25, and I'll get it.
- 18 months. - Stop dancing.
What's your best offer?
Two to five. Rape two.
Look, with luck, your boys will be out in nine months. That's a gift.
On one condition.
I'll accept that on behalf of my client,
if the formal charge is changed to one without the sexual element.
He's a kid of 22. He's an "a" student. He's got a future.
I can't do that.
He won't plead guilty to a sexual offense.
Assault?
Coercion?
Reckless endangerment?
- Malicious... - Reckless endangerment.
Female TV reporter: The theft occurred about 5:30 a. M.
As the woman and her husband were about to drive from their house to a restaurant.
Male TV reporter: Three men accused of raping a young woman
in the game room of a local bar
pleaded guilty today to a reduced charge of reckless endangerment.
They were sentenced to two-and-a-half to five years in prison.
Neither the district attorney's ofi'ice nor spokesmen for the defense
would off/'c/al/y comment on the plea bargain.
No explanation was given for the reduction in charges
from rape to reckless endangerment
a source close to the defense
hinted that it was because the young woman,
who was the alleged vict/m in the case,
would not ha ve made a strong witness for the state.
- Woman: Oh, come on! You... - (Indistinct conversations)
- It was... it was red. - Woman: Red? Oh!
- Where do you want these? - Um... there.
I think this looks raw.
(Doorbell ringing)
- Oh, shit! - I'll get it.
Thanks.
Here we go.
Now, this is an experiment, so I want you all to be kind.
Excuse me? Excuse me!
You double-crossing bitch! You sold me out!
- Sarah... - Did you see this? Huh?
Did you do this? Is this what you did?
- Excuse us... - I wouldn't make a good witness, right?
I'm too fragile. My past is too questionable.
I'm a drunk! I'm a pothead, a drug addict!
I'm some slut that got bounced around a little bit in a bar, right?
So I didn't get raped, huh? I never got raped.
- Of course you were raped. - How come it doesn't say that?
How come it doesn't say "Sarah Tobias was raped"?
What the fuck is reckless endangerment?
It's a felony that carries the same prison term as rape.
Now you asked me to put them away, and that's exactly what I did.
Yeah. Well, who the hell are you to decide that I ain't good enough to be a witness?
Huh, I bet you if I went to law school and I didn't live in some goddamn dump,
- I would be good enough. - I understand how you feel.
I did my best.
You understand... You don't understand how I feel!
I'm standing there with my pants down
and my crotch hung out for the world to see,
and three guys are sticking it to me,
and a bunch of other guys are yelling and clapping,
and you're standing there telling me that that's the best you can do!
Oh, if that's the best you can do, then your best sucks!
Now, I don't know what you got for selling me out,
but I sure as shit hope it's worth it!
(Door slams)
(Playing keyboard)
Wow. What did you do?
(Laughing) That looks weird.
I needed a change.
Hey, it's nothing heavy. It's just, uh...
I'm not used to it.
Stop. All right? Stop.
When are you going to get over this, Sarah, hmm?
You're gonna have to snap out of this pretty soon, 'cause it's getting boring.
Get out of here.
Fine.
- Be back in a couple hours. - No.
You get the fuck out and don't come back.
Shit. You can cut your fucking hair any way you want.
This is my house. I don't want you in it. Now get out.
Fine. I'm gone.
(Motorcycle roaring)
(Breathing deeply)
(Sobbing)
(Funky music playing)
You caught me. I'm sorry.
Look, this is gonna sound like the worst kind of crap...
- But I seen you somewhere... - You're right.
It's the worst kind of crap.
I have seen you.
You're a friend of Johnny alworth's sister, right?
It was duck island. Last Sunday afternoon. Softball game.
- Your hair was different. - No.
Yes. It was longer.
Look, I live with somebody, okay?
All right?
I got it. Sorry. He's a lucky guy.
Cliff: You sure you don't want to go out tonight?
Huh?
Oh, I got a smile!
Well, it's a start.
Hey, sexy sadi, what about it?
Look, I told you. I live with somebody, all right!
- I don't mind. I'm liberated. - Well, I do. I mind.
'Cause I do know you, sexy sadi.
You just got me mixed up with somebody else.
Nope. You're the girl from the mill that night, hmm?
(Laughing)
I remember sexy sadi! I do know you. Am I right?
Hey, sexy sadi.
Hey. Hey.
Hey, I know you! Oh, do I remember you!
(Laughs mockingly)
Hey, look, lady!
Look, lady!
- (Engine sputtering) - (Cliff continues mocking)
(Tires screeching)
(Brakes screeching)
(Laughs mockingly)
Hey, want to play pinball?
(Laughing)
(Tires squealing)
(Engine roaring)
(Tires screeching)
(Loud crash)
Cliff: I always have paid my bills! I'm sick and tired of this!
Come on, let's go. Come on.
- Woman: I'm sorry. - Come on!
I'm sorry about this,
but I do know that I did make the payment...
There's an insurance company that I made the payment to. My husband...
Come on, babe!
- Okay, I'll phone you. Thanks. - Fine.
You can go in now. Keep it short.
Thanks.
Sarah?
What happened?
"Want to play pinball?"
What?
That's what he said.
"You want to play pinball?"
He sees I'm a piece of shit.
Everybody figures I'm a piece of shit.
Why not?
You told them that. I never got to tell nobody nothing.
You did all my talking for me.
Uh... I don't get it.
I thought you were on my side.
You told me you were on my side.
Why'd you do that?
Cliff: Sorry, officer, but it's just one of those days.
All my insurance is no good here.
I pay bills! I pay all my bills! What happens?
- Okay, now. Come on! - I just want to tell the officer. Fine!
I'm sorry. Okay?
- How's your head? - Oh, great! Just great.
Honey, just wait here. I'll go get the car.
Excuse me, sir. (Panting)
I'm sorry to bother you.
What exactly happened?
Exactly... she rammed my truck.
I was minding my own business.
She drove her car into my truck, all right?
Do you know why?
How do I know why she rammed me? She's nuts!
Do you know her?
No, I don't know her.
She's a whore! Last time I saw her, she was doing a sex show.
- Come on! - You watched?
Bet your ass I watched. She put on a great show.
I thought she was raped.
Raped? She fucked a bar-full of guys,
then she turns around and blames them for it!
Listen, lady, she loved it!
She had an audience. She did the show of her life.
- Come on, move over. Move over! - Hey, honey...
Next time she does another show,
tell her I'll be right there to cheer her on!
(Tires screeching)
Ken on tape: Hello, /'dl/ke to report there's a girl in trouble.
Female operator: Sir, may I have your name, please?
Ken: There's a girl m trouble. It's the mill. It's the bar on mill road.
Operator: Sir, I'm sorry. Imust have your name.
Ken: There is an assault going on m there.
It's a rape, okay? There is three or four guys.
I don't know. There's a whole crowd.
Operator: Lwi/I...
(Rewinds tape)
Ken: There is an assault going on.
It's a rape, okay? There is three or four guys.
I don't know. There's a whole crowd.
(Rewinds tape)
Ken: Three or four guys. I don't know. There is a whole crowd...
(Both speaking indistinctly)
Please send somebody, okay?
Kathryn: "Or othennise attempts to persuade another person
"to commit a felony."
Please, I know about criminal solicitation.
But in this case, it simply doesn't apply. It's not the intent of the statute.
Listen again. "A person is guilty of criminal solicitation
"if he commands, induces, entreats,
"or othennise attempts to persuade another person to commit a felony."
You can read it to me till you're blue in the face.
I am not going to let you prosecute a bunch of spectators.
They're not spectators. They solicited the rape.
Do you really want to go into court and ask a jury
to lock up a bunch of people for clapping and cheering?
Clapping, cheering, pushing, goading.
Getting the rape going and keeping it going.
What happens if you lose?
You'll look like an incompetent.
If you win, you'll look like a vengeful bitch.
Either way, you hurt yourself and you hurt this office.
Now drop it. You've got more important things to do.
No, I haven't.
You haven't got more important things to do
than go to trial with a sure loser?
- What the hell has gotten into you? - We owe her.
Owe her what? We put the rapists away.
I owe her.
I see. You want to spend my money to put a bunch of spectators on trial.
A trial you'll lose because you owe her! No!
You don't get to use this office to pay your debts.
I am going to try this case,
- and you're not gonna stop me. - I'm not?
Kathryn, you're an ace.
You've got a great future. Don't put it in jeopardy.
What are you gonna do, fire me?
Go right ahead.
My first case will be a civil suit
against the rapists, the solicitors, the bar, and the state.
And I will show that Sarah Tobias wound up in the hospital
because this office sold her out.
I will subpoena your records, put you on the stand,
and cross-examine you on every sleazy plea bargain this office ever made.
All right. You go try your case! You have a good time!
Because win or lose, you're through!
What are you looking at? Get back to work!
- (Heavy metal playing) - (Knock on door)
Kathryn: Sarah? I'd like to talk to you. May I come in?
We got nothing to talk about.
- Yes, we... - Get out of here!
(Heavy metal continues)
- Who the hell do you think you are? - (Music stops)
- I have to talk to you. - Get out of my house.
Will you listen to me, please?
I'm listening.
Sarah, I made a mistake.
Before I agreed to the deal,
I should have offered you the choice of going to trial and testifying.
I can offer that to you now.
I found a way for you to go into court and testify that you were raped.
- The case is over. - The rape case, sure.
Well, you made sure of that, didn't you?
I want to prosecute the others, the ones who cheered and clapped,
the ones who made it happen.
So you can make another deal?
No. I'm not gonna make any more deals.
If I prosecute the others,
the rapists will stay in jail for the full five years,
and the rape will go on record.
The deal won't matter, because the rape will go on record.
You really want to do that?
Only if you help me.
I need you to testify.
I get to tell my story?
Yes.
You alone now?
Yeah. I kicked him out, right?
While I was laid up, he came back to pick up all of his stuff, you know.
What's his is his, what's mine is his. Thank god he left me the radio.
Anything I can do?
Yeah.
What?
No deals.
(Kids chatting)
Sally? It's Kathryn Murphy.
Listen, I, uh, I need your help again.
Hey, come on. Cut it out.
(Laughing) Are these yours?
- Let's play. - Yeah.
Go play some place else now, okay?
Boy: Come on, let's go!
- Come over here! - Girl: Okay! I'm coming!
I thought it was all over.
I'm going to prosecute the ones that cheered it on.
Oh?
You said of the guys blocking your view that they were, uh...
Real rowdy, yelling and clapping.
Well, not the guys at the door. The ones over by the pinball machine.
So you knew that they were yelling about Sarah?
Yeah. But, uh, they aren't the kind of guys
you really want to mess with, you know what I mean?
Listen, I'd like you to come in and see if you could identify them in a line-up.
Oh, Jesus.
They're going to be right there, aren't they?
Yes.
I don't know.
Why don't we make a date for you to come into my office and talk about it?
Sally...
She's your friend.
(Sighing)
Number two.
Seven.
You positive?
Yes.
Number four.
Definitely.
(Speaking indistinctly)
(Telephone ringing)
Uh-huh. You can go in now.
It's down to the end of the hall to your right.
There's no purpose in meeting again, because I'm taking them to trial.
Well, good luck to you, too.
Thank you for coming.
- It's okay. - Sarah, there's no need for you to come.
Oh, I figured she could use the company.
Well, would you mind waiting for us outside?
Alana, could you please hold my calls?
I'll wait outside.
Uh, Sally, why don't you have a seat right down here, okay?
I want to begin by asking you a few questions
about the night of April 18th.
And I'd like you to answer them as simply and honestly as possible.
(Typewriter clacking)
(Telephone rings)
(Inaudible)
(Rock music playing over headphones)
A few. Maybe three. I've seen her drink a lot more than that.
Uh... well, she needed to get loose, you know,
'cause she just had this big fight with her old man.
And, uh, she goes, uh, "I'm so pissed at him," you know,
'cause she's sure he's, like, running around on her.
You mean sleeping around, right?
Right. Which I bet he is.
(Music continues over headphones)
Sally: So, we were sitting in a booth, and we were just sort of talking...
(Inaudible)
(Typewriter clacking)
(Stops typing)
There were these, uh, two, um, fraternity guys there.
Uh, and Sarah looks at one of them, Bob.
She goes, "he's cute! Who's he?" So we started joking around.
What do you mean joking around?
Well, you know, like what would be the best way to get back at Larry.
Like, should she take this guy home and just do it right in front of him?
- You said that she should take Bob home? - No, no, no. She said it.
She didn't mean it. She was just joking around.
Well, she'd had a few drinks.
God, she didn't mean it!
- I'll wait for you downstairs, okay? - Wait a minute.
I'm going to talk to you.
What's going on?
I warned you, no secrets!
I didn't keep any secrets from you.
She told me what you said in the bar when you met Bob. Do you remember?
-Do you?
Yeah, I said I'd like to take that guy home and...
I don't know, fuck his brains out, right in front of Larry.
So what? It was a joke. (Chuckles)
She can't be a witness for you, that's "so what!"
In fact, when the defense finds her, and they will,
she'll be a witness for them.
Now, what other surprises have you got waiting for me?
None.
(Car honks)
(Knocking)
I'm sorry.
(Glasses clinking)
(Music playing)
Is Jesse around?
No. It's his day off.
- Can I get you a drink or something? - Oh, no, thank you.
(Indistinct conversations)
(Music continues playing)
(Machine clattering)
(Video game machine beeping)
(Birds chirping)
- Uh, Mr. Joyce? - Hi.
I'm deputy district attorney Kathryn Murphy.
I'd like to talk to you about the night of April 18th,
the night of the rape at the mill.
- I don't know anything about it. - Uh, yes, you do, Mr. Joyce.
Do you want to talk about it over here?
- Sorry. I've got class. - Your class can wait.
You were there. Your name is on the video machine.
And I'm calling you as a witness.
Now, would you like to sit down and we can talk about it?
What do you want with me? I mean, you got the ones who did it.
I'm prosecuting the others, the ones who cheered them on.
I didn't see a thing.
Yes, you did.
You were in the room all night.
You saw everything.
Those other guys didn't do anything.
They probably didn't even know what was going on.
I mean, it was like a show. Big deal... they watched.
I bet if you asked a 1,000 people, 999 would watch. It's no crime.
They did more than watch, and that is a crime.
You want to tell me about it?
Look, if you don't tell me about it now,
you're gonna have to tell me about it on the witness stand.
Why? Why? This isn't my business. Look, I don't care about this.
Yes, you do.
Female operator on tape: Birchfield county sherifi'emergenc y.
Ken: Hello, I 'd hire to report there's a girl in trouble.
Operator: Sir, may I have your name, please?
Ken: There's a girl m trouble. It's the mill. It's the bar on mill road.
Operator: Sir, I'm sorry, lmust have your name.
Ken: There is an assault going on. It's a rape, okay?
- There's three or four... - (Turns off tape recorder)
And arriving at the courthouse now is Kathryn Murphy,
the deputy district attorney in this precedent-setting case.
With her is Sarah Tobias.
This is our first chance to see the victim in the case in person.
Ms. Murphy, will you put Ms. Tobias on the stand?
Reporter: Who else are you putting on the stand?
- Is it true Arthur... - No comment.
Is it true your best friend's gonna testify against you?
Son of a bitch!
Is it true you made a deal with the defense council?
No comment.
(Reporters clamoring)
Are you deaf, asshole? No comment!
(Elevator dings)
You wait right here for the officer to come and get you.
- Kathryn. - What are you doing here?
- Little moral support. - Bye.
Saw whitewood having breakfast with Anderson.
Seemed in a really good mood.
Good luck, Sarah.
Sarah Tobias, please come in.
Do you swear to tell the truth, the whole truth
and nothing but the truth, so help you god?
- I do. - State your name.
- Sarah Tobias. - Please, be seated.
(Clears throat)
Miss Tobias, on the night of the rape at the mill...
Paulsen: Objection.
These men are not on trial for rape.
Your honor, it is imperative that the jury understand
what was happening to Ms. Tobias before, during, and after the rape.
Ms. Murphy, you may continue your line of questioning, but be brief.
Thank you, your honor.
Ms. Tobias,
can you please tell us what happened that night at the mill?
- Well, my boyfriend... (Clears throat) - (Static)
My boyfriend and I had kind of a fight.
So, I got in my car and I drove to see my, my girlfriend Sally at the mill.
I figured she'd be getting off work, and we could talk.
Kathryn: She works there?
Yeah. She's... She's a waitress, just like me.
So, anyway, she was on a break.
We were sitting in this booth talking,
and, uh, this guy Danny sent over a couple drinks.
She knew him, so we... We took the drinks and he sat down,
and, um, we started talking.
And he was... He was funny, you know, he had a line.
So, uh, what happened next?
Uh, a bunch of guys went into the back room to play pinball.
So, me and Danny went in and we started playing with this guy, Bob.
And, um, after I finished my turn, I went to go have a smoke, you know,
smoke a little... a little pot.
And, um...
Then somebody put some money into the jukebox,
and this song I really liked came on the jukebox. So I...
I started to dance.
And... and then... (Exhales)
Danny comes up, and he starts dancing with me.
Real, real close, you know. Tight close.
And then he kissed me.
I'm sorry, Ms. Tobias. Could you please speak up?
He kissed me.
Did you try to stop him?
No. I let him kiss me, because I figured he was...
He was drunk and he was stoned,
and that he would kiss me and then he would leave me alone.
But then he...
Put his hand up my shirt and then he grabbed at my breast.
I tried to push him away, but he kept pulling me closer.
And he put his hand on my throat.
(Gasps)
And he's a really strong guy, you know.
And the next thing I knew...
Please go on, Ms. Tobias.
He was squeezing my throat with his hands,
and he pushed me down on the pinball machine.
And he ripped my shirt.
He lifted my skirt.
He pulled down my underpants really, really hard.
You know?
I get...
I wanted to move, you know. I wanted to move...
But he was holding me down really hard and he was jamming...
He was... (Inhales sharply) He was...
He was kissing me very hard, and he was jamming his hand up my crotch.
And I heard a bunch of people yelling, "hold her down! Hold her down!"
And then the big guy, Kurt,
held my arms down,
and I could hear 'em... (Inhales sharply)
Yelling and clapping and cheering.
And then...
Danny put his hands over my mouth, uh, over my face...
And I shut my eyes.
He was inside of me.
And then...
And then they switched.
I could hear them saying, "frat boy, frat boy!"
And then Bob was inside of me.
And there was all this yelling and clapping, and...
And laughing.
And then I heard them calling for Kurt, "needle dick, needle dick."
And then they switched again,
and Kurt was inside of me.
And they were yelling, "Kurt, Kurt, Kurt."
And there was... There was all this... this chanting.
(Stutters)
Please continue, Ms. Tobias. What did they chant?
Something, uh...
(Breathing shakily) "Poke that pussy."
The room was full of people cheering this on?
Yeah. And I kicked him. I kicked him really hard, and...
I ran out into the road.
And this guy picked me up and took me to the hospital.
No further questions, your honor.
- Ms. Tobias, my name is Ben Wainwright. - (Sniffles)
Now, I know this isn't easy for you,
so I'm going to ask you only a handful of questions.
Now, you have testified that all the men present were strangers to you.
And you also testified that while you were on the pinball machine,
that you mostly kept your eyes closed.
Is that right? Your eyes were closed?
Yeah, sometimes.
Is it fair to say that you can't tell us who applauded, or who shouted?
Is that fair?
Well, I don't...
Okay, is it possible that only one person shouted?
No. There were... different voices.
So at least two, then? Could it have been only two?
No. They overlapped.
Ms. Tobias, you testified that you were assaulted by three men.
Is that right?
Yes.
Okay. Is it possible...
And I'm just saying possible...
That the only ones who shouted were among your assaulters?
No. No, the voices were coming from further away.
Ben: Okay.
Ms. Tobias...
You had had several drinks. You had smoked marijuana.
The TV was playing, the jukebox was playing.
You were in a room full of noisy video games and pinball machines.
You, uh, had your eyes closed... Sometimes.
And you were being assaulted.
Now, given these conditions, can you truly say
how many voices you heard
and where those voices were coming from?
Is it fair to say, then, that you can't tell us
who applauded, or who shouted?
Is that fair?
(Sniffles) Yes, that's fair.
Okay. Thank you.
(Man coughing)
(Scribbling rapidly)
Ms. Tobias, while you were on the pinball machine,
did you at any time cry, "help" or "rape?"
No. I tried, but they were... they were... They were covering my mouth. They...
They were either kissing me, or they were...
Had their hands over my mouth. I kept saying, "no."
Right. No. Um, no. I said, "no."
Not "rape" or "help" or "police..."
But, uh...
"No."
Right. "No."
- Did anybody hear you? - Sarah: I don't know.
Well, did you signal to anybody in the room? Say, a hand signal?
No. My hands were pinned down, right?
Signal to anybody with your eyes?
- Were you struggling? - Yes!
Anybody see you struggling?
They must have.
Ms. Tobias,
can you in any way prove to us
that someone in that room, anyone, saw you struggling, or heard you say "no"?
No more questions.
Ms. Tobias, while you were being gang-raped on that pinball machine,
what were you thinking?
- Thinking? - Yes, what were you thinking?
What words came into your head?
Three men were repeatedly raping you,
- holding you down and raping you. - Your honor!
- Your honor, prosecution... - And their friends cheered and clapped.
Kathryn: And you laid there naked and defenseless,
struggling, weeping, every part of you in pain.
What words came into your head?
What words?
"No."
No further questions, your honor.
The witness is excused.
(Ship horn blows)
(Whistling)
(Door clanging)
- How you domg? - Good.
- (Exhales)
What'd you do, cut the whole day to come up here, or something?
It's no big deal. How're you doing?
Oh, I've been better. (Chuckles softly)
So, how's everything? What have / been missing?
Listen.
They're prosecuting those guys,
the other guys in the bar who were cheering and stuflf
they're making me testitjv. So I just wanted to tell you,
you ha ve absolutely nothing to worry about
I just came here. I just wanted to tell you anyway.
Nothing to worry about? Are you out of your fucking mind?
What do you mean? You're not even on trial.
- What are you gonna say? - I'm gonna tell them what happened.
And what happened?
Come on, man, you know.
A bunch of guys were cheering and yelling and stufif
'cause you, Kurt and Danny... raped her.
Who said I raped her? I'm not in here for rape.
Did you see me rape her, Ken?
What do you think?
You d/dn't did you?
Yes, I did, Bob.
Ken, if you say that you know what happens to me?
- Nothing's gonna happen... - No/
instead of m y nine months in here,
the parole board will turn it into five years.
You don't understand
- they're making me do this. - No!
All they can do is call you. They cannot make you say anything.
You don't remember. You... you were too drunk.
You were too confused to get any of it straight
I don't want to lie, Bob.
You want to come visit me here for the next five years?
- Kathryn: Hi. - Hi.
Sarah: I hope you like it black.
I do, thanks.
You know, I meant to tell you, urn...
This week, Leos, they frighten away friends...
Not now, Sarah, please.
Sarah: (Sighs) Sorry.
- Excuse us, Ms. Murphy. - (Knocking)
Mr. Joyce has something to tell you and Ms. Tobias.
Mr. Joyce has just told me that he doesn't truly remember
the events of the night in question.
And he only told you what he told you because you coerced him.
He says, if you put him on the stand, he will recant. He'll take it all back.
Did you have something to do with this?
(Chuckles)
I suggest you notify the court and the defense that he won't be testifying.
No, in fact, it might be less awkward if you move for immediate dismissal.
Wait right here, one minute.
Why?
I don't remember.
I only told her what I told her because she forced me to.
And if she makes me take the stand,
I'm gonna recant it all. I'm gonna take it all back.
Why?
I told you, I don't remember anything.
You're full of shit.
(Scoffs) Where do you get off telling me I'm full of shit?
I was there, remember?
Right. You were there, and you saw me have a few drinks.
You saw me blow some grass. You saw me, uh, flirt a little bit.
And then you saw me gang-raped. And you think that I had it coming.
(Scoffs) You're just like all the others.
Yeah, would you look at me? My best friend is in prison.
And if I do this, they're gonna keep him for five years.
Your best friend is just some great guy, and I'm just this...
This lowlife whore that he raped right in front of you.
You're not like all the others, you're worse.
That's not true. I'm not like that. I'm not like that, okay?
Are you scared?
Yeah.
Me, too.
Your honor, the people call Kenneth Joyce.
- Bailiff: Kenneth Joyce. - (Door opens)
Do you swear to tell the truth, the whole truth,
nothing but the truth, so help you god?
- I do. - State your name.
Kenneth Joyce.
Be seated, please.
Mr. Joyce,
were you in the mill the night of the events involving Sarah Tobias?
Yes.
Would you please recount for us what happened?
Um, well, it was late and me and my friend Bob had been to the game.
And then aftennards, he took me to this bar he sometimes goes to...
The mill.
We'd been there a while, uh, when this girl walked in.
She was really sexy.
(Indistinct conversations)
And she was sitting at the table behind us,
um, talking to her friend, while this guy Danny,
he was sitting at the end of the bar and, uh, he saw her come in, too,
and he sent the bartender over with some drinks.
(Laughing)
So I'm washing dishes.
So, then I hear Bonnie screaming her head off and go, "oh, great!"
So, chip walks out in cowboy boots
and goes, "I didn't just kick her in the head."
(Chuckling)
- Hey, dude. - Hey, what's going on?
I don't know. Just bored.
He's cute. Who's he?
Oh, Bob something. Some college guy.
I should take him home and fuck his brains out right in front of Larry.
Oh, yeah, right.
(Laughs) Hey, can I watch?
Bob: Behind you.
- Blonde girl. - Uh-huh?
- Wants me in a big way. (Laughs) - Ooh!
Jess. Jesse, come here.
Here we go, ladies.
Compliments of the gentleman at the end of the bar.
Sally: What do you think he'd do?
(Giggling)
Evening, ladies.
Danny, this is my friend Sarah.
Thanks for the drinks, Danny.
Well, it was my pleasure, Sarah.
(Giggling)
Well, you, uh, talking shop?
No. We're talking, uh, modern romances.
Yeah? Well, I'm a romantic. That makes me just like you, Sarah.
And you are one romantic-looking girl.
- (Chuckles) - Woman.
Danny! It's your turn.
Romantic, huh? Romantic?
Oh, she didn't come with me.
She didn't!
Well, look, you don't have to take my word for it.
Just walk in the back and see for yourself.
Okay.
This is the game room.
Oh, yeah? Nice.
Then she got up and followed him into the game room.
And, uh, pretty soon they were playing pinball with Bob
and getting really loaded.
- Oh, I get a 100. - That's a double. That's a double!
(Cheering)
She's on a roll.
Quick reflexes there.
You better shut up.
Oh, I don't want to distract you, now, do I?
Sarah: Oh, yeah. (Exclaims)
Bob: Come on, line it up.
(Mimicking arcade sounds)
Line it up. Get it going. Line it up.
(Groans)
- You better pay up now. She can score. - All right!
- Yeah! Go, go, go, go! - Bob: Oh, yeah.
You lose.
- I'm a winner. I don't lose. - Check the score.
- (Laughs) - Look at that.
- There you go, pal. - Like I said, you got lucky.
Lucky? Luck, my ass. Luck, you wish!
- You wish. - Yeah?
Looks like your hand's connected to her ass.
- What's your problem? - (Laughing)
Who is she? Get her out of here. I hate her.
- Bob: I don't know. - (All laughing)
You're up.
(Indistinct conversation)
Hey, knock it off.
- Go for it. - Bob: I'm gonna.
Well, you gonna keep that all to yourself?
- (Chuckling) - Yeah.
- Didn't your mom teach you any manners? - No.
Angela, why don't you go put some music on?
I don't have any change.
Hey, Angie, I got some change.
You're so funny, I can't stand it.
I know. That's what everybody tells me. I kinda like that.
- So modest, too. - Very modest.
- Danny: Let's get out of here. - Sarah: Well, look who's getting bossy.
- I'll even let you drive. - Oh, yeah?
- You know how to drive? - You know how to walk?
Danny: You know, I think you are the funniest girl here.
- Thank you. - You're not as funny as me.
(Muttering)
- You're only human. - (Laughing)
(Music playing)
Let's get out of here. Come on.
No. Oh, I love this song.
TV commentator: First round, sl/pping away from...
- Are you off, honey? - Yeah, I don't like the show.
Yeah, I hope it's gonna be me.
Man: Whoo!
(Chuckling softly)
Danny: Young lady, have you been drinking tonight?
Sarah: Who me? Oh, no, officer.
Danny: That's it. I'm taking you in.
Hey, listen, I got to go. 'Cause I got to work tomorrow.
- I'm a working thing. - I'll pay you whatever they pay you.
I'm too drunk and I've got to go home.
Mr. Funny man, I got to go.
(Mumbling)
- (Laughing) - Come on.
Man: Yo, Dan!
Sarah: Hey!
Ah! (Exclaims)
Wait, wait. Wait a minute.
Hold it.
Come on, man.
No, I... hey!
Cliff: Go, Danny!
Fourth-and-one my man, stick 'em!
- Right! - (Sarah screaming)
- Cliff: All right! - (Men whooping)
(Men cheering)
Man 1: Come on. Go for it!
(Cheering)
Man 2: All right, Danny boy!
Danny's gonna fuck her right there! He's gonna fuck her right there!
All right. All right, Danny! You're the man!
- Grab her hands, Kurt. - Man 3: Get in there, Kurt!
(Groaning)
Go on.
- Go for it, Dan! - (Men goading)
Come on, Dan. Go for it, Dan!
Come on, big guy!
Smell that new blood, baby!
(Sarah moaning)
Ooh! No!
(Wild cheering)
Vvhoo!
(Muffled screaming)
(Danny moaning)
(All cheering)
Cliff: That's it, Danny! Make her pump!
Come on. She's loving it!
Hey, college boy!
You're next. You're next.
Come on, Dan!
Fucking pump!
Yeah!
You're the man! Go, go!
(Muffled screaming)
Cliff: All right!
(Men cheering)
TV announcer: And has been efi'ective shooting that jab...
Cliff: Frat boy, frat boy!
Burt has been landing significant body shots.
- /f he can keep doing that.. - (Men whooping)
Cliff: All right! All right!
Get frat boy in there! Go ahead, get in there!
Come on, move!
Go get her, frat boy!
(Muffled screaming)
(Cheering)
(Screaming) No!
- Cliff: All right! - (Whistling)
- No! - Cliff: Come and get yours, boy!
That's it! Pump that little fucking college ass!
(Cheering)
Stick it to her! Don't stop!
Hold her down! Come on!
Cliff: Hey, she ready to come? I can't see. She ready to come?
(Muffled screaming)
- Stu: Hold her down! - Cliff: Make her moan!
Make her fucking moan, man!
Hold her down! Hold her down!
- Cliff: Make her moan! - Stu: Hold her down!
Hey, Kurt. Come on!
Watch the other kid. You might learn something.
Hey, shut the fuck up, asshole!
Whoa, man, listen to needle dick!
Hey, Kurt...
Cliff: Kurt, you a faggot?
You let them talk to you like that?
That you're a faggot!
You pull down your pants, we'll see silk panties, huh?
You shut the fuck up!
(Chanting) Kurt. Kurt. Kurt.
Yeah, you got the champ!
Whoa, here comes Kurt!
Come on! Go! Fucking get her!
Kurt, gonna see his panties!
(Chanting) Kurt! Kurt! Kurt!
Come on, Kurt. Go ahead!
All: (Chanting) Kurt! Kurt! Kurt!
Cliff: Come on, man. Show me what you got.
(Muffled screaming)
(All chanting) Kurt! Kurt! Kurt!
(Laughing)
Cliff: Come on, Kurt!
(Muffled screaming)
(Cheering)
(Yelling)
(Men continue cheering)
Come on, you're next, huh?
(All cheering)
(Man whistling)
- (Whistling) - (Commentary on TV continues)
Commentator: Burt is trying to apply the pressure here.
And a straight right hand...
(Cheering)
.F' one, two, three, four
j' poke that pussy till it's sore
all: J' one, two, three, four
j' poke that pussy till it's sore
.f' one, two, three, four
j' poke that pussy till it's sore
.f' one, two, three, four
j' poke that pussy till it's sore
.f' one, two, three, four
j' poke that pussy till it's sore
.f' one, two, three, four... j”
(moaning)
No! (Yelling)
(Screaming)
Hey, enough...
Mr. Joyce, do you believe that Sarah Tobias instigated that rape?
No, I don't.
Thank you.
(Bell tolling)
So Ken helped. Larry, I don't know.
Jesse hurt.
What about Sally?
Bad, huh?
Shit!
Look, you want to go for a drink?
No. I have to put together my summation.
What are our chances?
Fifty-fifty at best.
Goodnight.
Your honor, my colleagues have agreed to a single summation.
No objection, your honor.
Ladies and gentlemen, the state has charged these three men with a crime.
And the state has supported that charge with the testimony of two witnesses.
Sarah Tobias, who told you how three men raped her,
and she told you how she heard other men shouting encouragement to her attackers.
Did she name these other men?
Did she describe these other men?
Could she tell you what these other men shouted?
Her sworn testimony...
Her poignant, heart-rending sworn testimony,
was an appeal to your pity.
And if her story is true, you should pity her.
But even if her story is true, and you do pity her,
that has nothing to do with this case,
because those three men did not rape her.
Her sworn testimony
is nothing.
And you must treat it as nothing.
Now...
If you wish, you can also treat as nothing the testimony of her lover, Larry,
who told you what kind of woman she is.
And you can treat as nothing the testimony of the bartender, Jesse,
who told you that she was so drunk she could barely stand.
And you can treat as nothing the testimony of her friend, Sally,
who told you what Ms. Tobias' intentions were
when she first saw our clients.
Our case does not depend on those witnesses,
just as the people's case does not depend on Sarah Tobias.
The people's case depends on Kenneth Joyce.
If you believe him, you'll convict those three men,
and if you don't, you'll acquit them.
Do you believe him?
Why did Kenneth Joyce testify?
Every day, for months, he said to himself, "I'm guilty.
"I'm guilty."
And finally, he was offered a way to purge that guilt, and he took it.
Kenneth Joyce told you he watched a rape...
And told you that everyone else in that room watched a rape.
How did he know that? Did he read their minds?
To solicit a crime, you must first know that it is a crime.
Well, who knew it?
Kenneth Joyce.
Do you think it matters to Kenneth Joyce who shouted?
In his mind, every person in that room was guilty.
He told you that.
And Kenneth Joyce, who is guilty, who did watch a rape and do nothing...
Will purge himself by bringing down anyone who was in that room.
And, of course,
at no legal cost to himself.
While those three men face prison.
Do you believe him?
Well, if you do, convict.
And if you don't...
And I know you don't...
Acquit.
Ms. Murphy?
Ladies and gentlemen,
Mr. Paulsen has told you that the testimony of Sarah Tobias is nothing.
Sarah Tobias was raped, but that is nothing.
She was cut and bruised and terrorized,
but that is nothing.
All of it happened in front of a howling crowd,
and that is nothing.
Well, it may be nothing to Mr. Paulsen, but it is not nothing to Sarah Tobias.
And I don't believe it's nothing to you.
Next, Mr. Paulsen tried to convince you
that Kenneth Joyce was the only person in that room who knew
that Sarah Tobias was being raped.
The only one.
Now, you watched Kenneth Joyce. How did he strike you?
Did he seem especially sensitive?
Especially observant?
Did he seem so remarkable that you immediately said to yourselves,
"of course! This man would notice things other people wouldn't."
Do you believe that Kenneth Joyce saw something those three men didn't see?
In all the time that Sarah Tobias was held down on that pinball machine,
the others didn't know?
Kenneth Joyce confessed to you
that he watched a rape and did nothing.
He told you that everyone in that bar behaved badly.
And he's right.
But no matter how immoral it may be,
it is not the crime of criminal solicitation to walk away from a rape.
It is not the crime of criminal solicitation
to silently watch a rape.
But it is the crime of criminal solicitation
to induce, or entreat, or encourage,
or persuade another person to commit a rape.
"Hold her down. Stick it to her. Make her moan."
These three men did worse than nothing.
They cheered and they clapped,
and they rooted the others on.
They made sure that Sarah Tobias was raped.
And raped.
Now, you tell me.
Is that nothing?
- What time is it? - You just asked me that.
(Door opens)
They want Ken Joyce's testimony read to them again.
I don't get it. That's the third time for him.
How come they never ask for mine?
Because they believed you.
(Sighs)
Oh, look. I did your chart.
You're really gonna like this. This is great.
The tenth house is really something. Look at this.
Saturn in the 10th house is career and ambition. Right?
Mercury ruling the 10th. Public work.
And, uh, you had sun and pluto in the 10th.
That's law and higher understanding.
Hmm? I mean, I'm telling you, the 10th house is really excellent.
It really is excellent. I mean...
- You could be president or something. - (Chuckles)
What about you? What's your future?
Oh... I forgot it at home.
Don't you remember it?
Uh, yeah, it's just...
Seventh house mostly. It's like, uh, feelings, faith...
Intuition, you know, mystery...
Really useful shit.
Do I have any of that?
Yeah. Yeah, you do.
You got a little bit right there, right? See that?
Hmm.
Keep it.
I... I was going to sign it, you know, but I figured...
No, you're not really...
You're not really into that kind of stuff, so I figured...
Will you sign it, please?
Thank you.
Likewise.
Still no verdict in the precedent-setting Tobias trial.
As the jury continues its deliberations...
The second day of deliberations,
the jury is showing no sign of a quick verdict many observers predicted...
The jury has been out for two days.
While both sides express confidence the verdict will go their way,
one thing is certain. This will be an historic decision.
They're coming in.
(Whispering indistinctly)
(Man coughing)
Ladies and gentlemen, have you reached a verdict?
We have, your honor.
Will the defendants please rise and face the jury?
"We find the defendant Matthew Haines
- "guilty of criminal solicitation." - (Crowd exclaims)
"We find the defendant Stuart holloway guilty of criminal solicitation.
"We find the defendant Clifford albrect guilty of criminal solicitation."
Judge: Sentence will be imposed two weeks from today at 10:00.
- This court is adjourned. - (Gavel pounds)
(Mouthing)
(Reporters clamoring)
Reporter: Murphy! Murphy!
Ms. Murphy, what was the deciding factor in the case?
Uh, well, there were many deciding factors.
(Speaking indistinctly)
What are your plans after this?
Oh, I'd like to go home, and I'd like to play with my dog.