"(screaming)" " Birchfield County Emergency." " I'd like to report a girl's in trouble." " May I have your name?" " Listen, a girl's in trouble." " It's The Mill, the bar on Mill Road." " Sir, I must..." " Would you listen to me, goddamn it?" "!" " (car hooting)" "Stop!" "Stop!" "(car hooting)" "It's a rape." "There's three or four guys." "I don't know." "There's a whole crowd!" " (hooting)" " Why don't you send somebody?" "!" "(woman) Raise your chin." "What kind of contraceptive do you normally use?" " (hoarsely) IUD." " When was your last period?" "Show me your hands, please." "Uh..." "Ten..." "Twelve days." "Bad cramps." " What's your usual cycle?" " Turn around." "Raise your gown, please." "26, 27 days." " Aren't you gonna examine me?" " I need some more history first." "(photographer) Your leg, please." "Before the incident, when was your last intercourse?" " Turn around, lower your gown, please." " A while." " Can you be more specific?" " Please lower your gown." " Two weeks." " Are you sure?" "Yeah." "Sarah, have you ever had a venereal disease?" "No." "Hi, Sarah." "I'm Carol Hunnicutt from the rape centre." "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." "OK?" "Try to relax." "You're tensing." "Easy." "Breathe deeply for me." "Easy." "Easy." "One more." "Hold on." " I'm gonna comb for hair, Sarah." " Not yours." "Theirs." "Now, let's get you down." "I wanna scrape under your nails in case you scratched one of them." "(knocking)" "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 grey." " (hoarsely) You got any mouthwash?" " Sure." "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 counsellor." "I'm a prosecutor." "I have to make a rape case." " Then go prosecute." " I'll wait in the supervisor's office." " Miss Murphy?" " 101." "...and I heard somebody screaming', and it was me." " Sarah, this is Detective Duncan." " Dunc." "How are you doin'?" " Would you recognise any of the men?" " Yeah." "The Mill is still open." "We'd like to take you, see if you can make a positive ID." "We'd be right there with you." "If you want to get them, I need your help." "Yeah." "(Kathryn) Do you recognise any of your attackers?" "Yeah." " Let's go." " The guy in the yellow T-shirt." "Check the back room." "The one in the vest." "Are there any others?" "No." "John, could you take her out to my car, please?" "I'll be there in a minute." "Excuse me, sir." "I'm Kathryn Murphy, deputy district attorney in Birchfield County." "We have a report of a felony committed on these premises." "I have a search warrant signed by Judge Cutler." "This is Detective Duncan, in charge of the investigation." "Wanna turn down the television set so we can talk in peace?" "Hey, Polito!" "How are you doin'?" "Didn't think I was gonna see you for a couple of years." "(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." "Lawyer." "Of course you..." "Stupid." "Turn right here." "Listen, um..." "Listen, maybe you should just leave me off here, cos... cos he's probably asleep." "He likes to get stoned and listen to music and fall asleep." "Are you OK?" "Yeah." "My eyes hurt." "Are you married?" "No." "Are you?" "No." "My ma was married for ten years, but he left when I was born." "Are you into astrology at all?" "No." "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?" "No." "He likes to touch my face." "I wish I knew what to say." " (rock music on headphones)" " What?" "I said "I wish I knew what to say."" "You wanna take a drive?" "Get some air." "Cool out." "No." "OK." "I'll be back in a while." "(motorcycle drives off)" " (woman) Hello?" " Hi." "It's me." "Sarah?" "(yawning) It's awful late." "Is somethin' wrong?" "No." "Nothing's wrong." "No special reason." "I just figured I'd say hello." "You lost yourjob." "No." "How's Amos?" " Gone." " Already?" "Thanks a lot, Sarah." "I wasn't makin' fun of you, Ma." "I..." "Are you callin' for some money?" "No, I don't need any money." "I was just thinkin'..." "I was thinkin' maybe I'd drive out." "Maybe I'd come out for a week or so." " You're in trouble, right?" " No." "I'm..." "I'm not in any trouble, Ma." " I just figured..." " I'm goin' away." " Where?" " Florida." "Oh." "Well, that sounds like fun." "Listen, Ma." "You have a good time, OK?" "Hey, how's Sadie doin'?" "She's fine." "I just got her a new flea collar." "Will I talk to you soon?" "Yeah." "Real soon." " It's kinda expensive to call, so..." " OK." "I've gotta get up in two hours." "Yeah." "All right, uh..." " You go back to sleep, Ma." " You take care." "Mm-hm." "Bye." "Bye." " It's the one in the green sweater." " Green sweater." "Back up, boys." "County Sheriff." "Your name Bob?" "Put your hands on the car over there." "You're under arrest." " For what?" " Put your hands on the car!" "You have the right to remain silent." "If you give up this right, anything you say can be used against you in a court of law." " You have the right to an attorney." " Paul, call my dad." "If you cannot afford an attorney, the court will appoint one." "You have the right to make one phone call." "Do you understand your rights?" " Yes." " Fine." "Join us, please." " We will indict for first-degree felony." " My client has no prior record." "There's a genuine risk of the defendants fleeing the jurisdiction." " I'd like him released to his family." " This is a crime of extreme violence." "The victim has concern for her safety... $10,000 each." "Miss!" " I ordered this well done." "It's raw." " Sorry." "I'll have it for you in a minute." " And I asked for some ketchup." " Right." "I'm goin' a little senile today." "... accused of raping a young woman at a local bar were released on $10,000 bail." "Lawyers for the accused men expressed confidence that the facts of the case will reveal that the woman was not actually raped." "Our defence is simple:" "There was no rape." "The so-called victim consented enthusiastically to the acts." "She put on a show, pure and simple." "(whistling and cheering)" "The debate between the five candidates after the council seat of Daniel Stein now appears to be on again." "Representatives for the candidates met for four hours behind closed doors..." " (knock at door)" " Bye." " Who is it?" " Kathryn Murphy." " Why'd you let 'em out on bail?" " I didn't." "It's standard procedure." "Until the jury finds you guilty, you're free if you can post bail." "The guy on the TV made it sound like I did a live sex show." "That's not the last time that's gonna happen." "May I come in?" "Yeah." "Come on in." " (barks)" " Sadie, shut up." "The bartender at The Dugout said you were sick." "You went lookin' for me?" "Oh." "Well, I had to go to the doctor and nobody at work knows." "Come on, Sadie." "You want a seat?" "Would you like something to drink?" "I could really use a drink." "Thank you, no." "Just to smooth out the edges a little bit." "You know?" "Listen, what time were you born?" "I already told you I didn't believe in astrology." "So what?" "I do." " What time?" " At night." "Seven." "August 9th." " 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?" "Half a joint, a couple of beers." "You know." "Nothin' 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 cleavage?" "See-through blouse?" "What the fuck does it matter?" "They tore it off of me." "Did how you dressed make those guys think they could have sex with you?" " Did you put on a show?" " What the hell are you talkin' about?" "You saw me at the hospital." "You think I asked for that?" "Is that what you think?" "Then you get the fuck outta my house!" "Why didn't you tell me that you had a record?" "Fuck you!" "I ain't got no record." "You wanna tell me about it?" "All right." "Look." "I was helpin' my girlfriend move with a U-Haul." "Goin' through Jersey we ran into a cop and he sees we got a busted taillight." "He pulls us over, he starts lookin' through her desk in the back and finds half a gram of coke." "It was nothin' big." " It was her desk, not mine." "Her stuff." " So why is it still on the books?" "I don't know." "You tell me." "My record was definitely, uh..." " Expunged?" " Yeah, expunged." "Have you ever made love to more than one man at a time?" "What the fuck kinda question is that?" "The kind you're gonna be asked on the stand." "You'll be asked if Larry or any other man ever hit you and if you liked it." "You'll be asked about your drug bust and how many drinks a day you have, and how many joints, and how often you go to bars alone, and whether you wear underwear, 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." "The defence's job is to show you're a rotten witness because you've got a rotten character." "I got a rotten character?" "You won't defend me because I'm some low-class bimbo?" "I didn't say that." " Will those bastards go to jail?" " Is that what you want?" "I want those motherfuckers put away for ever." "(Kathryn) Sarah said you were here 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 the men who assaulted her?" "Uh-uh." "I was out there." "Anyway, a bunch of guys were blockin' the door, 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 was a bunch of 'em that were real rowdy." "You know." "Yellin', clapping'." "I really just thought she was... partyin'." "You know?" " Well, is there anyone you can identify?" " Like how?" "Did you notice anything different about any of them?" "Let's say..." "long hair?" "Beard?" "Moustache?" "Birthmark?" "Bandanna?" "Jewellery?" "Scar?" "Tattoo?" "Tattoo." "Yeah." "Can you describe it?" "A scorpion." "This one guy, he had a scorpion." "How many drinks would you say she'd had?" "I don't know." "She was pretty loaded." "She'd 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." "Gimme 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." "Jesse, I'm gonna phone the state liquor authority and tell 'em how you kept serving' booze while a violent felony was committed in your back room." " Ready?" " Uh-huh." "Thanks, Jesse." "We'll talk." "I need these by 11." "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?" " You gave 'em to me to hold." " How are you doing on Tobias?" " We'll talk about it at the game." "Tina, if Charley calls, I'll be home after 11." "Hey, ref!" "Cross-checking!" "Open your eyes, will ya?" "Take him out, Donovan!" "Take him out!" " Play hockey!" " Did you see that?" "Thanks." "Thanks." "If I take it to trial, they'll destroy her." "She walked in alone, she got drunk, she got stoned, she came on to them." " She's got a prior for possession." " That's inadmissible." "Sure, but they'll ask her about it." "I'll object, the judge'll sustain it, but the jury'll hear it." "I read her Q and A. Gang-raped on a pinball machine." " It's an ugly case." " But 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." "The others either didn't see anything or didn't think it was anything special." "I got Polito, but once the defence brings up that he's on probation, they'll know that we squeezed him." "What about the guy who called, who reported it?" "We have his voice on tape, but we don't know who he is or where to find him." "Kathryn, do you believe she was raped?" "Yes." "But I can't win it." "And they can't walk." "So make a deal and you put 'em away." " A deal with what?" " You got enough." "Go for rape two." "Any felony, as long as it's a violent one." "Assault, coercion, reckless endangerment, menacing..." " I can't do that." " You said she was raped." "So make a deal and put 'em away." "I don't care if they only get six months." "Just make a deal and put 'em away." "Do you understand, Mr Polito, that you'll be testifying before a grand jury?" "Yeah, I got that." "And you'll be testifying against people you're acquainted with?" "Yeah." "Mr Polito, have I or anyone in the sheriff's department or the DA's office offered you any inducement to testify?" "Money, gifts, anything?" " No." " Thank you, Mr Polito." "Well, he's just a taste." "The bar was filled with witnesses." "We anticipate that they'll all testify for The People." "Anticipate?" "A hundred says you'll have to drag 'em into court." "And they'll be useless cos they were too drunk." "Whatever you say." "Keep in mind that we don't need corroboration to prove rape." "And 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 in 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, 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." " Cut the crap." "Polito looks like shit." "You don't have anybody better." "And your complaining witness?" "She walked into a bar, got loaded and stoned, and did everything but yank their dicks." "No jury'll buy her." "What would you say to rape two, with a recommendation for one year?" "I'd say go to hell." "Miss Murphy, are you sure you're in a position to be quite so... adamant?" " A rape trial..." " Is always a gamble." "I agree, Mr Henley." "And I know your reputation." "But look at these photographs." "This is what the jury is going to see." "And they'll see the girl, too." "You can't tell from these, but she's tiny." "The most defenceless-Iooking thing you ever saw." "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." "With luck, your boys will be out in nine months." "On one condition." "I'll accept that on behalf of my client if the formal charge is changed to one without a 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 offence." "Assault?" "Coercion?" "Reckless endangerment?" " Malicious..." " Reckless endangerment?" "(news on TV)" "Three men accused of raping a young woman in a local bar pleaded guilty 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 office nor the defence would comment on the plea bargain." "No explanation was given for reducing the charges from rape to reckless endangerment." "A source close to the defence hinted that the alleged victim would not have made a strong witness for the state." " Where do you want these?" " Uh... there." "I think this looks raw." " (doorbell)" " Oh, shit." " I'll get it." " Thanks." "Here we go." "Now, this is an experiment, so I want you all to be kind, OK?" "Excuse me." "Excuse me!" "You double-crossing bitch!" "You sold me out!" "Did you see this?" " Is this what you did?" " Excuse us." "Yeah, I wouldn't make a good witness." "I'm too fragile." "My past is questionable." "I'm a drunk, I'm a pothead, a drug addict!" "A slut that got bounced around a little in a bar, right?" " So I didn't get raped, huh?" " Of course you were raped." "How come it doesn't say "Sarah Tobias was raped"?" "What the fuck is reckless endangerment?" "A felony that carries the same prison term as rape." "You asked me to put them away, and that's what I did." "Who the hell are you to decide that I ain't good enough to be a witness?" "I bet you if I went to law school and I didn't live in some dump..." "I understand how you feel." "I did my best." "You don't understand how I feel!" "I'm standin' there with my pants down and my crotch out for the world to see and three guys are stickin' it to me and other guys are yelling and clapping and you're standing there telling me that that's the best you can do!" "If that's the best you can do, then your best sucks!" "I don't know what you got for sellin' me out, but I sure as shit hope it's worth it!" "(door slams)" "Wow." "What did you do?" "(Larry laughs)" " That looks weird." " I needed a change." "Hey, it's nothin' heavy." "It's just..." "I'm not used to it." "Stop." "All right?" "Stop." "When are you gonna get over this, hm?" "You're gonna have to snap out of this pretty soon cos it's gettin' boring." "Get outta here." "Fine." " Be back in a couple of hours." " No." "You get the fuck out and don't come back." "Shit." "You can cut your fuckin' hair any way you want." "This is my house and I don't want you in it." "Now get out." "Fine." "I'm gone." "(motorcycle drives off)" "(# rock music)" "You caught me." "I'm sorry." "This is gonna sound like the worst kinda crap," " but I seen you before." " You're right." "It's the worst kinda crap." "I have seen you." "You're a friend of Johnny Alworth's sister, right?" "No." "It was Duck Island." "Last Sunday afternoon, softball game?" " Your hair was different." " No." "Yes." "It was long." "Look, I live with somebody." "OK?" "All right?" "I got it." "I'm sorry." "He's a lucky guy." "You sure you don't wanna go out tonight?" "Huh?" "Oh!" "I got a smile!" "Well, it's a start." " Hey, Sexy Sadie, what about it?" " I told you, I live with somebody." " I don't mind." "I'm liberated." " Well, I do." "I mind." " Cos I do know you, Sexy Sadie." " You mixed me up with somebody else." "Nope." "You're the girl from The Mill that night." "Hm?" "(laughs)" "I remember Sexy Sadie." "I do know you." "Am I right?" "Hey, Sexy Sadie." "Hey, I know you." "Whoa, do I remember you!" "(crows)" "Hey!" "Hey, lover lady!" "Lover lady!" "(engine starts)" "Hey!" "Wanna play pinball?" "(jeers)" "(tyres screech)" "I pay my bills." "I'm sick and tired of this." "Come on, let's go." " (wife) I'm sorry..." " Come on!" "I'm sorry about this." "But I do know that I made the payment." "There's an insurance company that I made the payment to." "My husband..." " Come on, babe!" " OK." "I'll phone them." "Thanks." "(hurried footsteps)" "You can go in now." "Keep it short." "Thanks." "Sarah?" "What happened?" ""Wanna play pinball?"" "What?" "That's what he said." ""You wanna play pinball?"" "He sees I'm a piece of shit." "Everybody figures I'm a piece of shit." "Why not?" "You told 'em that." "I never got to tell nobody nothin'." "You did all my talkin' for me." "I don't get it." "I thought you were on my side." "You told me you were on my side." "Why did you do that?" "Sorry, Officer." "It's one of those days." "My insurance is no good here." "I pay all my bills." "What happens?" "Nothin'!" "I'm sorry, OK?" " How's your head?" " Oh, just great." "Honey, just wait here." "I'll go get the car." "Excuse me, sir!" "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's nuts." " Do you know her?" " No, I don't know her." "She's a whore." "Last time I saw her, she was doin' a sex show." " Come on!" " You watched?" " You bet." "She put on a great show." " I thought she was raped." "Raped?" "She fucked a bar full of guys, then she blames them for it?" "She loved it." "She had an audience." "She did the show of her life." "Come on, move over." "Move over!" "Next time she does another show, tell her I'll be right there to cheer her on." "(tyres screech)" "(tape) I'd like to report a girl's in trouble." " May I have your name?" " Listen, a girl's in trouble." " It's The Mill, the bar on Mill Road." " Sir, I must..." "She may be hurt." "An assault's going on." "It's a rape." "There's three or four guys." "I don't know." "There's a whole crowd!" "(stops and starts tape)" "She may be hurt." "An assault's going on." "It's a rape." "There's three or four guys." "I don't know." "There's a whole crowd!" " (stops and starts tape) ...or four guys." "I don't know." " There's a whole crowd!" " Can I get your name, please?" "(Kathryn) "...or otherwise 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 otherwise 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 gonna let you prosecute a bunch of spectators." "They're not spectators." "They solicited the rape." "Do you really want to 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 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." "No!" "I am gonna try this case and you're not gonna stop me." "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." "I will show that Sarah was in hospital because this office sold her out." "I will subpoena your records and cross-examine you on every sleazy plea bargain this office ever made." "You go try your case." "You have a good time!" "Because, win or lose, you're through!" "What are you lookin' at?" "!" "Get back to work!" "(# hard rock)" "(knocking)" "(Kathryn) Sarah?" "I'd like to talk to you." "May I come in?" "We got nothin' to talk about." " Yes, we..." " Get outta here!" " 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 listenin'." "Sarah, I made a mistake." "Before I made the deal," "I should have offered you the choice of going to trial and testifying." "I can offer that to you now." "I've found a way for you to go into court and testify that you were raped." " The case is over." " The rape case, sure." "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 wanna do that?" "Only if you help me." "I need you to testify." "I get to tell my story?" "Yes." "Are you alone now?" "Yeah." "I kicked him out." "While I was laid up, he came back to pick up all of his stuff." "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." "No deals." "No deals." "(children's voices)" "Sally?" "It's Kathryn Murphy." "Hi." "Listen, I..." "I need your help again." "Hey, come on, cut it out." " Are these yours?" " Yeah." "Go play someplace else now, OK?" "I thought it was all over." "I'm gonna prosecute the ones that cheered it on." "You said of the guys blocking your view that they were, uh..." ""real rowdy", "yelling and clapping"." "Not the guys at the door." "The ones over by the pinball machine." "So you knew that they were yelling about Sarah?" "Yeah, but... they aren't the kind of guys you really wanna 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 gonna be right there, aren't they?" "Yes." "I don't know." "Why don't we make a date for you to come in to my office and talk about it?" "Sally, she's your friend." "(sighs)" "Number two." "Seven." "You positive?" "Yes." "Number four." "Definitely." "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." " Hi!" " (both) Hi." "Thank you for coming." "Sarah, there was no need for you to come." " I figured she could use the company." " Would you mind waiting outside?" " Alana, could you hold my calls?" " I'll wait outside, then." "Sally, why don't you have a seat right down here, OK?" "I want to begin by asking you a few questions about the night of April 18th." "Answer as simply and honestly as possible." "(typing)" "(phone ringing)" "(# hard rock on headphones)" "A few." "Maybe three." "I've seen her drink a lot more than that." "Uh..." "She needed to get loose cos she'd just had this big fight with her old man." "And she goes "I'm so pissed at him." You know?" "Cos she's sure he's runnin' around on her." "You mean sleeping around, right?" "Right." "Which I bet he is." "(Sally) So we were sitting in a booth just sort of talking..." "There were these two fraternity guys there, and Sarah looks at one of 'em" " Bob." "She goes "He's cute." "Who's he?"" " So we started joking' around." " What do you mean, joking around?" "You know." "Like, how could she get back at Larry?" "Should she take this guy home and just do it right in front of him?" " You said she should take Bob home..." " No, no, no." "She said it." "She didn't mean it." "She was just jokin' around." "Well, she'd had a few drinks." "God, she didn't mean it!" " I'll wait for you downstairs." " Wait a minute." " I want to talk to you." " What's goin' 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 fuck him in front of Larry."" " So what?" "It was a joke." " She can't be a witness for you!" "In fact, when the defence finds her, she'll be a witness for them." "Now what other surprises have you got waiting for me?" "None." "I'm sorry." " Is Jesse around?" " No, it's his day off." " Can I get you a drink or somethin'?" " No, thank you." "(# "At This Moment" by Billy Vera and The Beaters)" "# I'd fall down on my knees" "# Kiss the ground that you walk on" "# If I could just hold you again" " Mr Joyce?" " Hi." "I'm Deputy District Attorney Kathryn Murphy." "I'd like to talk to you about the night of April 18th and the rape at The Mill." " I don't know anything about it." " Yes, you do, Mr Joyce." " You want to talk over here?" " Sorry." "I got a 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 talk about it?" "What do you want?" "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." "It was like a show." "Big deal." "They watched." "I bet if you asked a thousand people, 999 would watch." "It's no crime." "They did more than watch, and that is a crime." "Wanna tell me about it?" "Look, if you don't tell me about it now, you'll have to tell me about it on the witness stand." "Why?" "This isn't my business." "I don't care about this." "Yes, you do." " Birchfield County Emergency." " I'd like to report a girl's in trouble." " May I have your name?" " Listen, a girl's in trouble." " It's The Mill, the bar on Mill Road." " Sir, I must..." "She may be hurt." "An assault's going on." "It's a rape." "There's three or four... (stops tape)" "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 person." "Miss Murphy, will you put Miss Tobias on the stand?" " (shouted questions)" " No comment." " Is your friend testifying against you?" " Son of a bitch!" " Did you make a deal with the defence?" " No comment." "(shouted questions)" "Are you deaf, asshole?" "No comment!" "You'll wait right here for the officer to come and get you." " What are you doing here?" " Moral support." "Saw Whitewood having breakfast with Anderson." "Seemed in a good mood." "Good luck, Sarah." "Sarah Tobias?" "Please come in." "Do you swear to tell the whole truth and nothing but the truth, so help you God?" "I do." " State your name." " Sarah Tobias." "Please be seated." "Miss Tobias, on the night of the rape at The Mill..." "Objection!" "These men are not on trial for rape." "Your Honour, it is imperative that the jury understand what was happening to Miss Tobias before, during and after the rape." "Miss Murphy, you may continue your line of questioning, but be brief." "Thank you, Your Honour." "Miss Tobias, can you please tell us what happened that night at The Mill?" " Well, my boyfriend..." " (microphone feedback)" "My boyfriend and I had a kind of a fight, so..." "I got in my car and I drove to see my girlfriend Sally at The Mill." "I figured she'd be gettin' off work and we could talk." " She worked there?" " Yeah." "She's a waitress, just like me." "So anyway, she was on a break." "We were sittin' in this booth, talking, and this guy Danny sent over a couple of drinks." "She knew him so 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 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, after I finished my turn, I went to go have a smoke." "You know." "Smoke a little pot." "Somebody put some money into the jukebox and this song I really liked came on the jukebox, so I started to dance." "And... and then Danny comes up and he starts dancing with me." "Real... real close." "You know, tight close." "And then he kissed me." "I'm sorry, Miss 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 drunk and he was stoned and that he would kiss me and then he would leave me alone." "And then... he... put his hand up my shirt and 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." "And he's a really strong guy, you know." "And... the next thing I knew..." "Please go on, Miss Tobias." "He was squeezing' my throat with his hand, 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." "I wanted to move." "I wanted to move, but he was holding me down really hard." "And he was jammin' his..." "He was..." "He was kissing me very hard and he was jammin' his hand on my crotch." "And I heard a bunch of people yellin' "Hold her down, hold her down."" "And then the big guy" " Kurt - held my arms down." "And I could hear 'em yelling and clapping and cheering." "And then..." "Danny put his hands over my mouth, over my face, and I shut my eyes." "He was inside of me." "And then..." "And then they switched." "I could hear 'em sayin' "Frat boy, frat boy."" "And then Bob was inside of me." "And there was all this yelling and clapping and laughing." "And then I heard 'em call for Kurt." ""Needle dick, needle dick."" "And then they switched again, and Kurt was inside of me." "And they were yellin' "Kurt, Kurt, Kurt", and there was all this chanting." "Please continue, Miss Tobias." "What did they chant?" "Somethin', uh..." ""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 Honour." "Miss Tobias, my name is Ben Wainwright." "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've also testified that, while you were on the pinball machine, that you mostly kept your eyes closed." "Is that right?" "Your eyes were closed?" "Yes, sometimes." "Is it fair to say that you can't tell us who applauded or who shouted?" "Is that fair?" "I..." "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." "Miss Tobias, you testified that you were assaulted by three men." "Is that right?" " Yes." " OK." "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." "OK." "Miss 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 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?" "No." "Is it fair to say, then, that you can't tell us who applauded or who shouted?" "Is that fair?" "Yes, that's fair." "OK." "Thank you." "Miss 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 covering my mouth." "They were either kissing me or they had their hands all over my mouth." "I kept saying "No."" ""No"?" "Right. "No." I..." ""No." I said "No."" "Not, uh..."Rape" or "Help" or "Police", but, uh..."No"?" "Right. "No."" " Did anybody hear you?" " 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?" "No." " Were you struggling?" " Yes!" "Anybody see you struggling?" "They must have." "Miss Tobias, can you in any way prove to us that someone in that room - anyone - saw you struggling or heard you say "No"?" "No." "No more questions." "Miss Tobias, while you were being gang-raped, 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, and their friends cheered and clapped, and you lay there naked, defenceless, struggling, weeping and in pain." "What words came into your head?" "What words?" ""No."" "No further questions, Your Honour." "The witness is excused." " How you doin'?" " Good." "Good." " Did you cut the whole day to come?" " It's no big deal." " How you doin'?" " I've been better." "So how's everything?" "What have I been missin'?" "Listen." "They're prosecuting three other guys in the bar who were cheering." "They're making me testify." "But you have absolutely nothing to worry about." " I just wanted to tell you." " Nothin' to worry about?" " Are you out of your fuckin' mind?" " You're not even on trial." " What are you gonna say?" " I'm gonna tell 'em what happened." "And what happened?" "Come on, man." "You know." "A bunch of guys were cheering and yelling and stuff as you, Kurt and Danny..." "well, you 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 didn'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 my nine months in here, the parole board'll turn it into five years." " They're making me do this." " No." "All they can do is call you." "They can't make you say anything." "You don't remember." "You were drunk, too confused to get any of it straight." "I don't wanna lie, Bob." "Do you wanna come visit me here for the next five years?" " (Kathryn) Hi." " Hi." " I hope you like it black." " I do." "Thanks." "I meant to tell you." "This week, Leos, they frighten away friends..." "Not now, Sarah, please." "Sorry." "Excuse us, Miss Murphy." "Mr Joyce has something to tell you and Miss Tobias." "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?" "(scoffs)" "I suggest you notify the court and the defence that he won't be testifying." "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 cos she forced me to." "And if she makes me take the stand, I'm gonna recant it all, take it all back." " Why?" " I told you." "I don't remember anything." "You're full of shit." "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 flirt a little bit." "And then you saw me gang-raped." "And you think that I had it comin'." " You're just like all the others." " Look, my best friend is in prison!" "If I do this, they'll keep him for five years!" "Your best friend is just some great guy and I'm just 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." "OK?" "Are you scared?" "Yeah." "Me, too." "Your Honour, The People call Kenneth Joyce." "(bailiff) Kenneth Joyce." "Do you swear to tell the whole truth and 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?" "Well, it was late, and me and my friend Bob had been to the game." "Then afterwards he took me to this bar he sometimes goes to, The Mill." "We had been there for a while when this girl walked in." "She was really sexy." "(# rock music)" "She was sitting at the table behind us, talking to her friend." "This guy Danny was sitting at the end of the bar, and he saw her come in too, and he sent the bartender over with some drinks." "So I'm washin' dishes and I hear Bonnie screamin' her head off and go "Great."" "So Chip walks out in cowboy boots and goes "I didn't just kick her in the head."" " Hey, dude." " Hey, what's goin' on?" " He's cute." "Who's he?" " Uh..." "Bob something." "Some college guy." "I should take him home and fuck his brains out right in front of Larry." "Yeah, right!" "Can I watch?" " Behind you." "Blonde girl." " Uh-huh?" " Wants me in a big way." " 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'll do?" "(giggling)" " Evening, ladies." " Danny, this is my friend Sarah." " Thanks for the drinks, Danny." " Well, it was my pleasure, Sarah." "Were you talkin' shop?" "No, we were talking modern romances." "Yeah?" "Well, I'm a romantic." "That makes me just like you, Sarah." "And you are one romantic-Iookin' girl." "Woman." "Danny." "It's your turn." " Romantic, huh?" "Romantic?" " She didn't come with me." "She didn't!" "You don't have to take my word for it." "Walk in the back and see for yourself." "OK." "This is the game room." "Then she got up and followed him into the game room." "Pretty soon they were playing pinball with Bob and getting really loaded." " I got 100." " That's a double." "(Sarah squeals)" "She's on a roll!" "Quick reflexes there." " You better shut up." " I don't wanna distract you now, do I?" " (Sarah makes racing-car noise)" " Light it up." "Keep goin'." "Light it up." "Hurry up now." "She can score." " Yeah!" "Go, go, go, go!" " Oh, yeah!" " You lose." " No, I'm the winner." "I don't lose." " Check the score." " Look at that." " (Danny) There you go, pal." " Lucky shot." "Lucky?" "Lucky my ass!" "Lucky you wish!" "Yeah?" "Looks like her hand's connected to her ass." "What's your problem?" "Who is she?" "Get her outta here." "I hate her." " You're up." " Maybe next time, OK?" "Hey, knock it off." " Go for it." " I'm gonna." "You gonna keep that all to yourself?" "Yeah." " Didn't your mom teach you manners?" " No." " Angela, 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." "Everybody tells me that." " So modest, too." " I'm very modest." "Let's get outta here." " Oh, look who's gettin' bossy." " I'll even let you drive." " Do you know how to drive?" " Do you know how to walk?" "(# "I'm Talking Love" by Vanessa Anderson)" " Let's get outta here." "Come on." " No, no." "Oh, I love this song." " Are you off, honey?" " Yeah." "I don't like the show." "Now I hope it's gonna be me." "(men laughing)" "Whoo!" " Young lady!" "Have you been drinking?" " Who, me?" "Oh, no, officer!" "That's it." "I'm taking you in." "Hey, listen." "Hey, I gotta go cos I've gotta work tomorrow." " I'm a workin' thing." "I gotta go." " OK." "What do they pay you?" "I'm too drunk, man." "I gotta go home." "Mr Funny Man, I gotta go." "(sniggering)" "Come on!" "Yo, Dan!" "(Sarah) Hey!" "Ah, yeah!" " Wait a minute, will you?" " (men whooping and laughing)" "(man) Come on, man!" "Hey..." "Hey!" "(men shout out with excitement)" " Go, Danny!" "Fourth-and-one." "Stick 'em!" " Right!" " (Sarah screaming)" " All right!" " (Sarah) No!" " (men) Yeah!" "Yeah!" "(excited goading)" "Man, he's gonna fuck her right there!" "He's gonna fuck her right there!" "All right!" "All right, Danny!" "Good man!" "Grab her hands, Kurt!" " Go on!" " All right, Danny!" "(Sarah screams)" "Come on, Dan!" "Go for it, Dan!" "Come on, big guy!" "Smell that new blood, baby!" "(men goading and whooping)" "(muffled screams)" "That's it, Danny!" "Make her come!" "Come on!" "She's lovin' it!" "Hey!" "College boy!" "You're next!" "You're next!" "Come on, Dan." "Fuckin' pump!" "Yeah!" "That's it, man!" "Go!" "Go!" "(muffled screams)" " All right!" " (wild cheering)" "(whooping and whistling)" "(Cliff) Frat boy!" "Frat boy!" "Frat boy!" "(whooping and goading continues)" "Get the frat boy in there." "Go on, get in there." "Come on, move!" " Go get her, frat boy!" " Your turn." "No!" "(brutish yelling and whooping)" "No!" "(whistling)" "(Sarah shrieking) No!" "Pump that college ass of yours, boy!" "That's it!" "Pump that fuckin' college ass!" " Hey, come on!" "Go!" "Go!" " Stick it to her!" "(yelling and goading)" "Hold her down!" "Hey, is she ready to come?" "I can't see." "(shrieking and sobbing)" "Hold her down!" "Hold her down!" "Make her fuckin' moan, man!" " Hold her down!" "Hold her down!" " Make her moan!" "Hey, Kurt!" "Watch the young kid!" "You might learn somethin'!" "Hey, shut the fuck up, asshole!" " Whoa, man!" "Listen to needle dick!" " Hey, Kurt, come on." " Kurt, are you a faggot?" " You let him talk to you like that?" "You pull down your pants, we'll see silk panties?" "Shut the fuck up!" "(chanting) Kurt!" "Kurt!" "Kurt!" "Kurt!" "Yeah, you got the champion!" " Whoa, here comes Kurt!" " Come on!" "Go!" "Fuckin' get her!" "Come on, Kurt!" "Gotta see his panties!" "(chanting) Kurt!" "Kurt!" "Kurt!" "Kurt!" "Come on, Kurt!" "Go ahead!" "(chanting continues)" "(muffled shrieking)" "(chanting continues)" "(laughter)" "(spits)" "(cheering and whistling)" "(cheering and whooping)" "Come on!" "You're next, huh?" "(men continue to whoop and cheer)" "(chanting) Kurt!" "Kurt!" "One, two, three, four, poke that pussy till it's sore!" "(men chant) One, two, three, four, poke that pussy till it's sore!" "(chanting continues)" "Aarghh!" "No!" "(screams)" "Hey, enough..." "Mr Joyce, do you believe that Sarah Tobias instigated that rape?" "No, I don't." "Thank you." "So?" "So Ken helped." "Larry" " I don't know." "Jesse hurt." "What about Sally?" "Bad, huh?" "Shit." "You wanna go for a drink?" "No." "I have to put together my summation." "What are our chances?" "Fifty-fifty, at best." "Good night." "Good night." "Your Honour, my colleagues have agreed to a single summation." "No objection, Your Honour." "Ladies and gentlemen, the state has charged these three men with a crime." "The state has supported that charge with the testimony of two witnesses." "Sarah Tobias, who told you how three men raped her, and how she heard other men shouting encouragement to her attackers." "Did she name these other men?" "No." "Did she describe these other men?" "No." "Could she tell you what these other men shouted?" "No." "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 Miss Tobias's intentions 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."" "Finally he was offered a way to purge that guilt, and he took it." "Kenneth Joyce told you he watched a rape and 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." "Miss Murphy?" "Ladies and gentlemen," "Mr Paulsen has told you the testimony of Sarah Tobias is nothing." "Sarah Tobias was raped, but that is nothing." "She was cut and bruised and terrorised, 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 there 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 thought" ""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, and raped." "Now... you tell me." "Is that nothing?" " What time is it?" " You just asked me that." "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." "Look, I did your chart." "You're really gonna like this." "This is great." "The tenth house." "Look at this." "Saturn in the tenth house is career and ambition." "Mercury ruling the tenth, public work." "And you had Sun and Pluto in the tenth." "That's law and higher understanding." "Uh-huh?" "I mean, I'm tellin' you, the tenth house is really excellent." "It really is excellent." "You could be president or something." "What about you?" "What's your future?" "Oh." "I forgot it at home." "Don't you remember it?" "Uh... yeah." "It's just..." "It's seventh house, mostly." "It's like..." "feelings, faith, intuition, mystery." "Really useful shit." "Do I have any of that?" "Yeah." "Yeah, you do." "You got a little bit right there." "Right?" "See that?" "Hm." "Keep it." "I was gonna sign it, but I figured 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..." "On the second day of deliberations, the jury shows no signs of a quick verdict..." "The jury has been out for two days." "While both sides express confidence, one thing is certain:" "This will be an historic decision." "They're coming in." "(whispering)" "Ladies and gentlemen, have you reached a verdict?" "We have, Your Honour." "Will the defendants please rise and face the jury." "We find the defendant Matthew Haines guilty of criminal solicitation." "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 ten." "This court is adjourned." "Miss Murphy, what was the deciding factor?" "Well, there were many." " I'm very pleased that it's over." " What are your plans now?" "Well, I'd like to go home and play with my dog."