"_" "In the criminal justice system, sexually-based offenses are considered especially heinous." "In New York City, the dedicated detectives who investigate these vicious felonies are members of an elite squad known as the Special Victims Unit." "These are their stories." "[dramatic musical sting]" "Last chance." "I can still pick up some steaks, crack open a nice bottle of wine." "Steven, we do that all the time." "Oh, well, call me crazy, but I like hanging out at home" " with you." " I know you don't get it, but I need to do this..." "For me." "And everyone says it's amazing." "Do what you have to do, but if you change your mind," "I'll happily make room for you on the couch." "I'll see you tomorrow." "_" "De Anima." "[elevator dings]" "De Anima?" "[exotic music plays]" "♪♪" "How's it going, everyone?" "I'm Declan, and, uh, I'm thrilled that you're all here." "How 'bout we start?" "And don't worry," "I always get a little nervous too." "[light laughter]" "My friends, we're here to take an amazing journey." "One that will connect you to your deeper self..." "And to each other." "And if you open your souls to it, tonight will change your life." "Buckle your seat belt." " Here's to nothing." " You mean here's to everything." "No, no, no, no, this is a bad idea." "Let's just go." "I'll be okay." "No, no, we're doing this, okay?" "Wait here." " Here it is." " Uh, excuse me?" " Hi, can I help you?" " Yeah, my girlfriend, Abby..." "I think she was raped." " Okay, I'm sorry to hear that." " She's kind of in shock." "She went to this spiritual retreat last night." "That's where it happened." "Okay, well, you did the right thing" " by bringing her here." " Yeah, she's-she's out here." "Abby?" "I'm Lieutenant Benson." "Your boyfriend said that... that you think you were sexually assaulted last night?" "[sobbing] I can't believe I even went to that thing." "I should've known better." "Okay, the only person to blame is the one who did this to you." "So do you... do you know who that is?" "Yeah." "His name's Declan Trask." "He's a... he's a healer." "He was supposed to change my life." "[inhales, exhales slowly] [dramatic music]" "♪ ♪" "I was at an Ayahuasca retreat." "I'm sorry?" "A what retreat?" "Ayahuasca." "It's a drug from Peru." "It's been a big thing." "Causes hallucinations that are supposed to give you insights to life." "That's why I went." "I was trying to figure some stuff out, you know." "Uh, you were on, um, Ayahuasca when you were assaulted?" "No, I didn't take it." "I got scared." "Okay, so when was the assault?" "Probably around 12:30." "And what is the meditation room exactly?" "It's a white bedroom with yoga mats." "While everyone was tripping, I went in there to be alone." "That's where Declan found me." "Okay, and Declan Trask runs these retreats?" "Yeah, he's supposed to be the best at guiding people while they take the drug." "What happened next?" "He gave me a cup of water, and I felt really strange after drinking it." " Strange how?" " Like I was dizzy." "I..." "I couldn't think straight." "My... my limbs went really heavy." "Okay, do you think he put Ayahuasca in the water?" "No, no, no, I would've seen it or tasted it." "It's like a thick brown sludge." "So maybe he put another drug in there?" "He must have." "It was like I was in another place, or realm." "I... he just kept talking and talking." "The next thing I knew, he had my pants down." "He was inside me." "And you did not consent to any of this?" "No, I was so disoriented." "It was like I..." "I wanted to scream and tell him to get off of me, and I couldn't, like I was paralyzed." "It was awful feeling so powerless." "I'm so sorry." "I told everyone that I was going, that it was going to be this amazing life-altering experience." "Well, you couldn't have known this was gonna happen." "So Abby, right now I think we should get you to the hospital to do a rape kit and a tox screen, okay?" "You're all right." "So I get to Peru, and I'm broken..." "I mean, a mess of a human." "And my guide there asks me," ""Who do you expect to find on the other side?"" "And the sad thing is I had no idea." "Now I want you do me a favor." "When you go home tonight," "I want you to look in the mirror, and I mean really look." "And I want you to ask yourself, are you realizing your fullest potential?" "Why do I get the feeling this guy's shoes" " cost more than my rent?" " Because they do." "Dude comes from real money." "His dad's that hedge fund guy, Tate Trask." "And look what I pulled." ""From notorious party boy" ""to Shaman of the rich and famous," ""Declan Trask changed his life," ""and now he wants to change yours." ""A host of followers who pay" "$5,000 for a weekend with him say that he can."" "There's a sucker born every minute." "Yeah, but everybody needs something." "My ex made me go on a Reiki retreat to clear my energy." "And how'd that work out for ya?" "It made me realize it was time for us to break up." " [laughs] Okay." " [chuckles]" "You ever do anything like that, Liv?" "Uh, no." "Anyone who claims that they can change your life in a weekend can't." "So Rollins and Carisi, talk to the Shaman to get his side of the story." "_" "Hey, if this is about the Ayahuasca," "I'm licensed to distribute it as part of a religious ceremony," "The Church of Brazil." "I know it sounds ridiculous." "We're not here about the drugs, Mr. Trask." " Do you know her?" " Well, that's Abby," "Abby Clarke." "She came to one of my retreats." "Is she okay?" "She was sexually assaulted." "What?" "Oh, that's awful." "When did that happen?" "The night of your retreat." "In fact, she says it happened right here." "And do you know anything about that?" "Mm, no." "Well, I hope she's not suggesting that what we did together..." "What... what did you two do together?" "We had sex." "But I don't..." "I don't know how she could possibly think it was rape." "I mean, there's gotta be some misunderstanding." "Okay, so help us clear it up." "What happened in your words?" "Well, Abby didn't wanna take the Ayahuasca." "You know, it can be intimidating for beginners." "I totally understand that." "So I just sat with her for a while." "We meditated, and then talked." " And had sex?" " Well, uh, yeah." "I..." "I'd like to think it was a little more meaningful than that." "True love?" "Is that what you're saying?" "Uh, I'm saying, like, I liked her, she liked me, and, you know, we connected." "I'm truly baffled." "I..." "I don't know if she had a change of heart, or if she feels guilty, but in that moment, um, there's no doubt." "We had really positive consensual sex," " and she said yes." " She said yes?" "All right, well, that doesn't really mean a whole lot when a woman's incapacitated." "Mm, what are you talking about?" "Abby thinks she was drugged." "What?" "By me?" "That's ridiculous." "[chuckles] Really?" "Really?" "It's ridiculous to think that a man who gives out drugs for a living might actually drug somebody?" "I would never drug someone without their knowledge, ever." "So just to be clear, you didn't put anything" " into Abby's water?" " No." "Well, Abby says she was drugged in the meditation room, so maybe you can show us that?" "We'll take a look around?" "Not a problem." "Come right this way." "We had a moment of passion, of spiritual connectivity." "That's not how Abby felt about it." "But if you're so confident nothing illegal happened here, then you won't mind giving us a sample of your DNA, right?" " Sure." " We'll also need all the names of the people that were at your retreat last night." "[sighs] Names?" "Look, I'm sorry, but my clients come to me with a certain expectation of privacy, and I can't betray that." "That's fine." "We'll get a warrant." "_" "The retreat was fantastic." "I feel like I'm a different woman;" "I feel like I see things differently." "Before I met Declan, there was a void." "It was like something was missing." "Well, you're not missing a view." " This place is something else." " Thank you." "So why are you here?" "There was an incident that took place with one of the guests." " Abby Clarke." " Oh, yes." "Oh, she was the one that Declan was obsessed with." "He kept talking with her;" "he kept asking her questions." " And when was this?" " I would say around 8:00, right before we took our Ayahuasca journey." "Do you remember them together after your journey?" "Oh, I could not tell you anything about that, but what I do remember is this amazing vision." "So I was walking on this clear blue sea with the almighty mother plant, and this giant owl is flying overhead." "It's just... just hovering, just watching." "And then when I got closer," "I realized the owl was actually me." "Okay." "I'm happy for you." "Yeah, I remember Abby." "She decided not to drink the magic tea." "Wish I did the same." "I spent half the night puking." "You remember spending any time alone with, uh, Declan Trask?" "Let's just say the Shaman focused most of his soul-mending on the good looking ladies, especially Abby." "Do you remember her going into the meditation room" " around midnight?" " Yeah." "Uh, I was sitting near Declan, and he mentioned he was disappointed she didn't take the Ayahuasca." " He was disappointed?" " He said he wanted to make sure she got her money's worth, whatever that means." "Next thing I know, he's walking into the meditation room with a glass of water." "You see him put anything in that glass of water?" "No, but he could've." "If you ask me, the guy's a con artist, total waste of time and money." "Did you see either of them leave that room?" "Nah, I was too busy horking in the bathroom to see much of anything." "You're not gonna bust me for doing the Ayahuasca, are you?" "No, no, you're good." "Sounds like you already paid the piper for that." "_" "I just wanna tell these people how good my burger was last night." "[chuckles] I actually ate here last week." "The raw Portobello fries?" "They're not so bad." "Since when are you a raw food guy?" " I'm trying new things." " Ah." "You ever gonna bring her around?" "Hi, I'm Valerie." "You wanted to talk about Declan's retreat?" "Yeah, yeah, I'm, uh, Detective Rollins." " This is Detective Carisi." " Yeah, we were just wondering if you saw or heard anything out of the ordinary last night?" "Well, it was, uh, definitely out of the ordinary." "Ayahuasca always is." "Uh, do you remember seeing Declan, uh, Trask go into the meditation room maybe around midnight?" "I think I remember him leaving." "Yeah, I..." "I walked by." "There was this woman, Abby, sitting alone inside." "She was crying." "Did you talk to her, uh, to see what was wrong?" "I just assumed they were cathartic tears." "Uh, cathartic tears?" "Well, half of us were crying from the Ayahuasca." "It provides this beautiful, joyous pain," " you know what I mean?" " I don't." "Oh, you're a skeptic." "That's... that's fine." "When was the last time you saw Abby?" "Mm, 20 minutes later." "She was leaving." "And how'd she seem to you?" "Actually, she was upset, angry." "Guess her pain wasn't so joyous, huh?" "According to witnesses," "Trask had his eye on Abby the whole night." "And he was hellbent on getting her to take that drug too." "Okay, so he gets a vulnerable woman, convinces her to trust him, drugs her, and then he assaults her." "Wouldn't be the first to utilize that game plan." "Rape kit and the tox results are in." "Semen is a match to Trask, but there's a problem, Liv." "What's up?" "No drugs, no Ayahuasca, no alcohol." "So Abby's story doesn't add up." "What are we missing?" "[sighs]" "So Abby, we got your tox screen back, and it came back negative." "What?" "No drugs?" "No... no, this doesn't make any sense." "I was disoriented;" "I was frozen." "Right, well, it is possible that that's just the way that your body reacted to the trauma." "What do you mean?" "Well, there's something called tonic immobility." "And sometimes, when you're under attack, or being assaulted, your brain can send a message to your body that tells it to shut down, to... to freeze, and it... it happens in a flash." "It's automatic, and it's beyond conscious control." "No, I get it, but... no, I felt that way before he assaulted me." "Now you said that you went into the meditation room..." "He came in;" "he gave me a glass of water;" "I drank it;" "and then he told me to relax." " Okay." " He said he wanted to take me to the sixth plane of enlightenment." "And then what happened?" "He kept saying that "When you look at me, you might find yourself enveloped by a warm feeling."" "And the next thing I knew, I..." "I felt so weird." "It was like I was there, but I wasn't." " And..." " It's okay." "It's okay." "Just keep going." "And he just kept whispering..." ""You look like a beautiful ragdoll."" "And that's how I felt." "Totally powerless." "I had no control over my body." "I've never felt that way before, ever." "The tox screen was negative, but she still feels like she was drugged?" "Well, we all know Rohypnol can leave your system within a matter of hours." "I mean, a... a vic urinates, it's gone." "Well, that's certainly possible, but she seems to remember exactly what happened." "I don't know." "She was affected by something." "Is she on any kind of medication?" "Does she show signs of mental illness?" "It doesn't appear that way." "I mean, she seems like a high-functioning young woman to me." "Is it possible she has another agenda?" " Trask is rich." " I don't see that either." "I mean, she is a successful publicist, and her boyfriend is a partner in a law firm." " We need more evidence." " Like a previous victim?" "I've been digging into Trask, and I found a civil case filed in 2014." "A woman named Rachel Sykes accused him of rape." " In New York?" " No, in Paramus, New Jersey, but the case was dropped." "Rachel Sykes willing to talk?" "That's unclear." "Can't really find her." "Last known address was a dead end." "Last place of employment..." "they couldn't help either." "Okay, so keep looking." "I mean, talk to the lawyer, and let's see what we can find out." "_ [dramatic music]" "Rachel Sykes, good woman." "Had a solid case against that clown Trask, too." " Did she go to the police?" " She went to Jersey PD." "Got a rape kit, the whole deal." "Okay, why didn't they go forward with it?" "She told the cops he roofied her." "She was adamant." "And let me guess, her tox screen came back normal?" "How did you know?" "So what happened with the lawsuit?" "Rachel got tired of fighting Trask." "She spiraled, fell into a depression, quit her job, moved back to Ohio," " and then..." " What happened?" "Pancreatic cancer." "Diagnosis three months later." "Lights out." "That's awful." "I'm sorry." "So I'm guessing you're here, because Trask did it again, am I right?" "Well, let's just say it's not a coincidence." "Right, well, I'll shut up, and let Rachel tell you what happened." "It was after one of his talks." "He had invited some people up to his hotel suite." "Next thing you know, I'm alone with him." "He said he wanted to show me a..." "a new meditation technique." "Did he make you a drink?" "No, I didn't wanna drink any of his special tea, so he gave me a water." "I drank it, and I started feeling really disoriented." "Then what happened?" "He was massaging my temples, telling me to relax." "He said he wanted to take me to the sixth plane of enlightenment." "The more he kept talking, the more I felt myself drifting away, and it felt good." "I remember he kept whispering," " "You're a beautiful ragdoll."" " Even ragdoll." "Okay, we've heard all this before." " What happened next?" " He... he picked up my arm, and dropped it." "I was limp." "I had no control." "Then he pushed up my skirt, and he raped me." "I wanted him to stop, but I felt so out of it." "[sobs]" "I was helpless." "Let's take a break." "Okay, this is horrifyingly familiar." "And she was tested for drugs and alcohol." "She was totally clean, just like Abby." "Maybe he put something undetectable in the water." "I think he slipped something undetectable in his words." " Neuro-linguistic programming." " Neurolinguistic what?" "Are you suggesting that she was hypnotized?" "Exactly." "It seems possible." "I mean, the victims' stories are basically the same." "The way he talked to him, massaging their temples." "I mean, the elements are all there." "Well, hold on, isn't hypnotism, like, a carnival trick, though?" "This seems out there to me." "Uh, my cousin quit smoking with hypnotherapy." "He was a pack-a-day guy." "One session with a hypnotist..." "bang... he was clean." "In Brooklyn, I had a hypnosis case." "One of my first sexual assault trials..." "lost... broke the record for fastest felony acquittal." "We made a strong case, but the judge never bought in." "And if the judge doesn't buy it, then the jury does the math." "Trust me." "I know this sounds crazy, but I've seen this." "Trask used common hypnotherapeutic methods on both those women." " How do we prove it?" " We can't use Rachel Sykes." "That criminal case was never filed." "The civil suit was dismissed." "There's no way a judge allows that in." "Well, hold on, so we get into this case another way." "First, we have to prove that Trask knowingly used hypnosis to rape Abby." "Which means we need evidence that Trask even knows how to hypnotize." "Well, he must've learned how to do it somewhere." "Yeah, so start digging." "_ [dramatic music]" " Class dismissed." " Excuse me, Professor." "I'm Detective Carisi." "This is Detective Rollins." "Do you remember a student of yours named Declan Trask?" "Actually, I remember Declan Trask well." " He stood out?" " His father did." "Gave lots of money." "According to his website, he graduated here with a degree in Communications." "Yeah, we'd like to see those transcripts." "You're welcome to take a look, but, uh, it's a quick read." "Declan Trask was kicked out his junior year." " For what?" " I can't discuss that." "Oh, we're prepared to get a warrant for any transcripts or records we might need to build our case." "Yeah, or you could just save us some time, and help us bury a sexual predator." "Declan had a serious drug problem." "We did everything we could to support him, but we had no choice but to expel him." "Where'd he go after you gave him the boot?" "An addiction facility in the Hamptons called, uh, The Springs." "I spoke to Declan two weeks ago." " You stayed in touch?" " We did." "The bonds that form here can be pretty strong." "Addicts often rely on each other," " even after we're sober." " What kinda techniques did you use to help him kick his habit?" "Without being too specific, uh, I used hypnosis." " How long did you see him for?" " We were together for 60 days." "By the end, if he even thought about heroin, he'd physically gag." "So, uh, what is this about?" "Well, we think he may be using hypnosis techniques to... to sexually assault women." "You don't seem surprised." "Look, Declan and I have a close relationship, but I know who he is." "And frankly, what he's doing now..." "handing out Ayahuasca... he's just another dealer peddling drugs." "Never sat well with me." "Did you teach Trask how to hypnotize people?" "Yeah, he said he wanted to help others, to pay it forward, so I taught him everything I know." "Huh, well, are you willing to help us now?" "Listen, I understand he's your friend, but the guy is a sexual predator." "He needs to be stopped." "I don't know what to do, where to turn." "It's a nightmare." "What's going on?" "I can trust you, right, Declan?" "[sighs] You saved my life, man." "Yeah, whatever it is, it stays between us." "I was with a patient a few days ago." "Attractive woman." "Suffers from a destructive opioid addiction." " Are you using hypnotherapy?" " Yeah, a lot of basic sessions on changing her subconscious patterns." "She's in my office on the couch in a complete trance state, and the conversation becomes very sexualized." "And I couldn't stop myself." "I..." "I sat down next to her, and I..." "You crossed the line?" "I kissed her." "Then, thank God, I stopped myself, but..." "I didn't want to." "Hypnosis doesn't make people do something they don't already wanna do, so if she kissed you, she wanted to." "Sounds like he's rationalizing." "Can't rationalize rape." "I feel horrible about it." "Ah, don't beat yourself up." "I took advantage of this woman." "It's... it's not taking advantage of them." "Hypnosis... sometimes, it leads to sex." "It happens." "Come on, Declan, are you saying that you've used hypnosis to have sex?" "Look, it's not a big deal." "I'm just helping a woman get what she really wants." "When's the last time you did this?" "Uh... [chuckles] You know, I, uh... [exhales sharply] It's good to see you, buddy, but I, uh..." "I gotta run." " NYPD." " What's going on?" "Look deep into my eyes." "You're under arrest." "Let's go." "With all due respect, I think you guys have got this wrong." "So enlighten us." "Tell us what we're missing." "I'm a healer, okay?" "My work is intimate by nature, and sometimes that intimacy leads to sex." "Consensual sex." "That's it." "Then if it was so consensual and so simple, why did she come down to the precinct and tell us you raped her?" "Great question." "I wish I knew the answer." "Look, I don't know, maybe she had a change of heart, or her boyfriend found out." "I don't know." "So you didn't hypnotize Abby?" "Put her into some sort of a trance?" "Incapacitate her in some way, and then... and then assault her?" "I'm flattered you think my words wield so much power, but, you know, that's absurd." "Well, it didn't sound so absurd when you were talking to your friend Jack Roe." "See, 'cause we have you on tape saying, "Hypnosis can lead to sex."" ""It's not a big deal." "I'm just helping a woman get what she really wants."" "Uh, I wasn't speaking about myself personally." " I was trying to reassure a friend." " What about Rachel Sykes?" "Were you just trying to reassure her too?" "[sighs]" "I think it's best if I talk to my attorney." "If you lawyer up, I can pretty much tell you this is going to trial." "Do you really think a jury's gonna believe that I... that me, Declan Trask, hypnotized Abby to..." "to what, to have sex with her?" "Well, A, what you did wasn't sex." "That's called rape." "And B, yes," "I really think that the jury will believe it." "So Fin, can you please escort Mr. Declan Trask to Rikers?" "_ [dramatic music]" "On the night of April 10th, the defendant sexually assaulted Abby Clarke." "He did not hold Ms. Clarke down." "He did not strike her." "He did not incapacitate her with drugs or alcohol." "He incapacitated her with his words." "He hypnotized her..." "Rendering her powerless, incapable of consent, and then he raped her." "The defendant presents himself as a healer." "The evidence will reveal that he is in fact a predator." "Good afternoon." "Mr. Barba's version of events is frankly preposterous." "Declan Trask is a handsome, charming, single man." "There was a mutual attraction between he and Ms. Clarke." "They had sex that night." "The idea that Declan used hypnosis as a vehicle to render Ms. Clarke incapable of consent?" "It's absurd." "His words may be soothing, tantalizing, even seductive, but they can't make someone do something they do not want to do." "I implore you, use your common sense, and find him not guilty." "When you stepped into the meditation room around 11:55," " was anyone in there?" " No, it was empty." " What was your mental state?" " It was fine." "Happy, actually." "I was enjoying the retreat." "I just didn't wanna take the Ayahuasca, and so I went in there to think, to meditate." "Then Declan, the defendant, walked in." "What happened next?" "He gave me a glass of water, and we started talking." "He kept saying, "You might find yourself at peace."" ""You may find yourself soothed by my voice." ""Can you imagine how good you'll feel while you listen to me?"" "And after awhile, I'd, um, became disoriented." "What does that mean?" "It felt like I was in a dream." "I..." "I had no, uh," " control over my body." " Mm-hmm." "And then... and then he started, uh... pulled off my pants, and put his..." "he started having sex with me." "I was terrified." "I..." "I..." "Thank you." "Nothing further." "Ms. Clarke, you went to Mr. Trask's retreat fully intending on having sex with someone else, did you not?" "No!" "What... that's not true." "Your Honor, I'd like to enter defense Exhibit G, the application Ms. Clarke submitted to attend Mr. Trask's retreat." "If you could read from the top of the page." "I'm sorry." "I..." "I can't do this." "It's just one paragraph, Ms. Clarke, and you wrote it." "No, I..." "I won't." "Please." "I apologize, Your Honor." "If we could take a short recess." "Ms. Clarke just... she needs a moment." "She doesn't get a moment during my cross." "Your Honor?" "Please." "You have 15 minutes." "Obviously, Mr. Barba, you are not allowed to converse with her during this recess." "Hey, what's going on?" "Are you okay?" "Uh, it's... it's just really hard." "Hey, you mind coming with me for just a second?" "Here, Abby." "Now Trask's lawyer wants to publically humiliate me?" "After all this?" "After what he did to me?" "That's not right." "That's not fair." "That's not fair, but look, I know that this threw you off guard, but the fact is we went through all of this in prep, so you just gotta trust the prep." " You are ready." " I know, but I..." "Did you... did you talk to Steven?" "Did you give him a heads up?" "No, I tried three times." "I can't get back up on that stand and read that letter aloud." "It'll destroy him. [Whimpers]" "It will destroy us." "I love him." "He stood by me through all this." "I just wanna be done." "I know you do." "I understand." "This is an extremely painful and difficult process." "But I just need you to know that if you do choose not to get up on the stand, that... that Declan Trask will walk free." "Steven will never forgive me." "Mm, the question is will you forgive yourself if you... if you give up now?" "They are shaming you into giving up." "You didn't do anything wrong, Abby." "_" "If you could start from the top of the page." ""Ever since I was a little girl in Alden, Iowa," ""I've been on a constant mission" ""to be the best version of myself," ""to create the perfect life" ""with all its perfect trimmings." ""I feel like I'm so close to achieving my dream." ""The one thing that's holding me back" ""is my relationship with my boyfriend, Steven." ""I long to move forward;" ""he longs to stay the same." ""I wanna explore." ""Instead of being lovers, we're roommates." "I feel trapped."" "Please continue." ""I'm not sure that we connect anymore" ""intellectually, spiritually, or sexually."" " These are your words." " Yes." "When I wrote them, I was confused." "We had been fighting." "I was having doubts." "But I love him, and I would never cheat on him." "But you were in a rut, looking to explore." "Yes, that's true, but this is..." "It's also true that you had sex with another man at that retreat." " Objection." " Sustained." "Steven, no, please, wait!" "Steven..." "Nothing further." "Given the late hour, court's adjourned." "We'll pick it up tomorrow morning, 9:00 a.m." "Your Honor, can we meet in chambers?" "A new piece of evidence has come to light." "I'd like to enter a cell phone audio recording of the encounter between Mr. Trask and Ms. Clarke." "What?" "Mr. Trask often records intimate encounters to protect himself from this very type of fraudulent accusation." "And you just discovered this purported recording?" "Please." "Your Honor, she's trying to sandbag us." "Settle down, Mr. Barba." "Let's hear the recording." "I'm gonna lay down next to you." " You're good with that, right?" " Yes." "And when I lay down, you'll be ready to go to the sixth plane with me, won't you?" "I will." "I'm gonna do it now." "You want me to have sex with you?" "Yes, I do." "A hypnotized woman says yes to having sex." " Means nothing." " To you." "But the jury, I'm not so sure." "Hey, just because the judge ruled in my favor doesn't mean I'm adverse to making a deal." " A deal?" " Sexual misconduct." "[scoffs] A misdemeanor?" "This is a class D felony." "Sexual abuse, first degree." "He admits to the hypnosis, and he goes on the registry." "Assault 2, no registry." "You're considering her offer?" "The facts in this case are less than ideal." "No registry?" "You cannot be serious." " I can be pragmatic." " Okay." "Well, have you talked to Abby?" " Yes." "She wants to let the jury decide." " And?" "Well, there you go." "It's not up to her." "Based on what she's been through." "I'm pretty sure I disagree." "Based on what she's been through, I'm pretty sure I don't wanna lose." "So let's flip the script." "Let's lean into this." " Let's keep digging." " And this means the jury will hear that recording of Abby saying yes." "All we need to do is prove that Trask hypnotized Abby, and that "yes" will mean nothing." "_ [dramatic music]" "I'm gonna lay down next to you." " You're good with that, right?" " Yes." "And when I lay down, you'll be ready to go to the sixth plane with me, won't you?" "I will." "I'm gonna do it now." "You want me to have sex with you?" "Yes." "That's where the recording ends." "That was your voice on the audio file, Ms. Clarke." "It was, but I..." "And you were saying yes to sex." " That correct?" " I don't know." "I..." "I don't remember saying any of that." "I'm not asking if you remember," "I'm asking if that was your voice on that tape saying yes to sex." "I suppose it was." "Nothing further." "That was brutal." "So much for flipping the script." "Do we have anything else on Trask?" " We're still digging." " We're running out of time." "Please tell me that you found something." "Yeah yeah, something good." "Now it happened 18 years ago in Philly;" "it's got nothing to do with rape;" "but it does go directly to the heart of this case," "Trask's credibility." "Proves he's a selfish coward." "That's for sure." "Is the arresting officer on board?" "Ready and willing." "Do you think you could get this in?" "If Trask takes the stand, I'll find a way." "He will." "He thinks he can hypnotize the jury." "_" "Mr. Trask, could you tell the jury the purpose of the retreats you host?" "Uh, when you really break it down, it's a weekend where I try to help people" " maximize their potential." " And at the time in question, when you were alone with Ms. Clarke, was she tense or upset?" "Both." "That's why I tried to relax her." "How did you do that?" "With some simple meditation techniques, nothing fancy." "And this led to sex?" "Yes." "Abby's a bright, beautiful woman, and we connected." "Did you ask Ms. Clarke's consent" " before having sex?" " I did." " And what did she say?" " She said yes." "Like we heard on the tape." "Silly as this might sound, I have to ask." "Did you hypnotize her at any point?" " Of course not." " Thank you." "Nothing further." "You help broken people become whole with your retreats?" "Yes, and sometimes I help whole people become more whole." " People pay you for this?" " Yes." "But you don't keep all of the money." "You give some of it to your foundation." " That's right." " What does your foundation do?" "They provide safe drinking water to the poor and impoverished nations." " You save lives?" " I do, and I'm proud of it." "As you should be." "Have you ever been arrested for a crime?" " Never." " Nothing further." "Your Honor, I'd like to call a rebuttal witness," "Philadelphia Lieutenant Richard Hill." "Objection." "May I approach?" "Where are you going, Mr. Barba?" "Uh, Lieutenant Hill arrested the defendant 22 years ago." "What the hell does that have to do with this case?" "Everything." "It proves he's a liar, and that he has no regard for anyone but himself." "Thank you for coming, Lieutenant Hill." "Where were you on the night of June 8th, 1995?" "I was outside a residence on 850 Pine Street, investigating a car accident." "The driver had pulled out of a driveway, and slammed into a street light." " And who was driving?" " Declan Trask." "Do you see Mr. Trask here in this courtroom?" "I do." "The defendant." "And when you searched Mr. Trask's car," " what'd you find?" " I found pills and a gram of heroin in the glove department." "Did you arrest Mr. Trask for possession of drugs?" "Objection." "That arrest was expunged." "I'm introducing the arrest for impeachment purposes only." "Overruled." "Answer the question." "Did you arrest Mr. Trask for possession of drugs?" "I did." "And what was Mr. Trask doing at 850 Pine Street?" "He was there shooting heroin with a friend, a kid named Tom Denalo." "Was Mr. Denalo a passenger in Trask's car?" "No." "Upon inspection of the house," "I found Tom Denalo alone in an upstairs bedroom." "And what happened to him?" "He overdosed on heroin." "He, uh... he died in my arms." "He was 19." "So the defendant ran away while his friend was dying?" "Yes." "Nothing further." "Ladies and gentlemen, this whole case comes down to one thing." "Credibility." "Is the defendant a man of integrity?" "Someone you can trust?" "Based on the evidence presented at trial, the answer to both those questions is a resounding no." "As Lieutenant Hill just told us, when he had the chance to save his friend's life, the defendant ran away instead." "Based on the evidence you've heard, it's clear that the defendant knowingly used hypnosis to rape Ms. Clarke." "He didn't use simple charm." "He used a proven neuro-linguistic technique designed to disorient and incapacitate." "He even confessed this to his friend and drug counselor, Jack Roe." "Hypnotizing a woman is no different than giving her a date rape drug." "It renders the victim helpless, and it makes her legally incapable of consenting to sex." "Therefore, the "yes" you heard from Ms. Clarke on the audio recording... it... it's meaningless." "As such, you have a legal and moral obligation to find the defendant guilty." "Has the jury reached a verdict?" " We have, Your Honor." " What say you?" "On the charge of rape in the first degree, we find the defendant guilty." "We did it." " Congratulations." " Yeah." "[exhales softly] [indistinct murmuring] Let's go." " Hey." " Abby?" "You okay?" "I don't know." "You did a very brave thing." "Thanks for believing in me." "I couldn't have done it without your help." "It was all you." "Trask is going away for a long time." "Good." "I haven't heard from Steven in three days." "He won't return my calls." "Well, you know... well, maybe he just needs a little time, you know." "I was looking so hard for this amazing life." "Look, Abby, you did nothing wrong." "You were honest about everything;" "about your life, about your relationship, about Steven." "If you want him back, fight for him." "But if he doesn't get it... it's not worth the fight." " Thank you again." " Best of luck." "Take care." "Who knows?" "Maybe it will all work out." "Yeah, I hope so."