_
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.
Isn't this freaking adorable?
It was on sale.
So put the crib here,
and changing table over there.
What do you think?
I can't believe my little sister's
going to have a baby, that's what I think.
You still haven't told Mom yet?
- Not exactly. - Oh.
Tommy wants to wait till he and I are married.
We're going to go to Montauk in April.
Hey, babe. How does this look?
Sonny, what are you doing here?
It's great to see you too, Tommy.
He's going to help us move all the crap out of here.
You know, put up some shelves.
We got, like, seven months.
And I have to go see my parole officer, remember?
- Hey, how's that going? - Great.
Tommy just got a promotion at work.
They gave him his own moving team.
Yeah, I'm head schlepper now.
Well, make sure you tell your P.O., all right?
A raise, promotion, that's brownie points right there.
I want to get there early so I can leave early.
We got a doctor's appointment this afternoon.
- Our first sonogram. - "Our."
Did Bella tell you I popped the question?
She's going to make an honest man out of me.
That's great, Tommy.
That's great.
Wow.
Just a lot of changes.
Shut up. He's really grown this time.
I'm happy!
Listen, I am happy for you. This is going to be great.
Sullivan, you're still here.
Good for you. Ha!
How you doing today?
You seem antsy.
I'm good. I just... I had a thing at 4:00.
I've been here since 2:00.
A thing at 4:00?
You want to tell me about that?
No. Let's just do this.
- You are antsy, huh? - Yeah.
What was this thing?
No, nothing like that. I had a...
I had a doctor's appointment.
Well, you should have made it for a different day.
It wasn't for me.
My, um, fiancée, Bella, she's pregnant.
We were getting a sonogram.
She's pregnant?
That's good news, right? I'm going to be a dad.
You're engaged, and she's pregnant?
That's a lot of stress.
No. No, actually, it's forcing me to grow up.
I got a promotion at the moving company,
a raise, my own crew...
So a thing like a urine test won't be a big problem today?
Oh.
Right now? Right here?
The bathroom's flooded.
Still?
You can decline...
and I'll ship your ass upstate right now.
Huh?
Cannoli?
What, are you trying to make me fat?
Come on, it's still winter.
Just to be polite.
- Hey. - Oh, I'm good, thanks.
Don't make me eat alone.
I'll take one for later.
- Yeah, there you go. - Sonny, where you been?
I've been texting you all morning.
Jeez. Sorry. I had class last night.
I must have left my phone on airplane mode.
Hey, guys, this is my sister, Bella.
- Hi. - Oh, hey.
Hey, are you okay?
What's... what's going on?
Tommy didn't come home last night.
I'm totally freaking out.
When's the last time you talked to him?
Right after my sonogram.
He was still waiting for his parole officer,
and then now his phone is going straight to voice-mail.
Calm down. Did you call his parole officer?
Are you crazy?
Come here.
Just take a seat in here. I'm going to get you some water.
Don't worry, we'll find him, okay?
_
Look, I didn't want to bother you, Sonny.
Thanks for coming.
My sister's going out of her mind worrying about you.
- I'm sorry. - Now she's going to find out
you got into some drunken bar fight?
You can't tell Bella. You got to promise me.
- You got to swear. - You drank, you got busted.
I'm not covering for you. Also, you're in the system,
which means your parole officer's already been notified.
Yeah, I'm not worried about that.
Well, you should be, because when he finds out,
he's going to stick it to you.
She. And she already has.
So no way is she going to bust me now.
She?
Hold on, hold on, what are we talking about here?
She made me. I swear, Sonny.
She made me do her.
- Whoa - You cheated
on my pregnant sister?
Whoa, whoa! I didn't want to!
She made me. She...
She pulled her gun out on me.
Please don't tell Bella. Please.
- sync and corrections by Zac - - www.addic7ed.com -
I don't know what to think. Tommy's always been this close
to getting his life back together, then boom,
something happens to him.
Everything always happens to him.
Yeah, well, victims are imperfect, Carisi.
You know, bad things do happen to them.
Yeah, but Tommy's been a major disappointment.
Major. Like five years ago,
he finally gets into college at Utica.
He decides it'd be a great idea
to combine pizza and pot delivery.
He gets kicked out of school, he does three years inside.
My sister...
My sister waits for him.
He gets out on parole, and now this.
Slow down, all right?
If he was assaulted, he needs your support.
- So, what did he tell you? - That's just it, Sergeant.
He doesn't get that he was assaulted.
All right, well, it's hard enough for women to disclose,
but men...
Just tell me what he told you.
He says his P.O. pressured him into sex.
Which, if true, is what, custodial sexual misconduct?
She's his P.O.
That makes him legally incapable of consent.
She pressured him into having sex with her? How?
He said that after an in-office urine test,
she pulled a gun on him.
She forced him to have sex with her at gunpoint?
I know. He's a guy. He had to have been into it,
or nothing would've worked.
He went on a bender, he cheated on Bella.
You're probably thinking this is a ruse.
I'm thinking your sister's fiancée may have been raped.
I don't know. Is that possible?
- Carisi. - Okay, I get it.
It's possible.
But he's never going to go there.
Not with you he isn't.
_
Tommy Sullivan. Police.
I'm in the middle of a job here.
If this is about the bar thing...
It isn't.
Sergeant Benson. This is Detective Amaro.
- Manhattan SVU. - SVU?
Did Sonny send you? Look, listen, like he said,
I made a dumb mistake and I'm willing to take the rap for it.
Sonny, he told my sergeant there may have been a reason
you didn't go home to your fiancée
and stayed out drinking instead.
I don't want to make a big deal out of this, okay?
So you're just going to pretend that nothing happened?
Go back to your parole officer next week
and hope that she doesn't pull a gun on you?
Uh, yeah.
I only got three months probation left.
- I'll suck it up. - Well, what about your fiancée?
What does she make of all this?
She doesn't know and she's never going to know.
Right now, she thinks that I screwed up
like I always do and went out drinking.
Listen, I got to get back to work.
This is my first time supervising.
Listen to me. What happened to you...
Is no big deal, okay?
I didn't fight her off. I didn't get hurt.
It wasn't right. And it wasn't your fault.
And it's not going to just go away
if you pretend it didn't happen.
You think anybody's going to believe an ex-con
about something like this?
All right, you don't have to make up your mind now,
but for Bella's sake,
you should go to the hospital when you get off work.
- The hospital? - Yeah.
If your P.O. had sexual contact with you,
there... there could be evidence.
She could have exposed you to STDs.
You have a pregnant fiancée. You owe it to her to get tested.
Oh, God. I didn't even think about that.
So, what about your clothes you were wearing last night?
- Can you get those to us? - Really?
Yeah. Look, you violated your parole.
You don't know what she's going to do or say about you.
Tommy, a little help here.
Yeah, okay, just give me a sec!
I really can't do this right now.
Okay, listen to me.
Why don't you come in tomorrow.
Bring in the clothes that you were wearing.
One step at a time. We'll take your statement.
I don't know. No witnesses.
He's still not sure he wants to even pursue.
- Something I should know about? - Uh...
Tommy came in this morning.
Rollins and Amaro took the statement.
I hate to drag you guys into this.
He's not even family. But was he credible?
Well, he's, uh... reluctant.
But consistent.
He brought in the clothes he wore for testing.
So he wants to go through with this?
Honestly, I don't know what he wants to do.
- He's all over the place. - Well, what he went through...
- If it's true. - It's a lot to process.
We all know how difficult it is for women to admit
that they've been assaulted. But men...
I know. It just looks bad that he didn't disclose
until after he violated his parole.
So we do our due diligence.
Let's see if CSU turns up anything on the clothes.
Whoa, whoa, whoa. Tommy still hasn't even told my sister yet.
You got to slow this down.
Carisi, you can't be part of this investigation.
But what you can do is walk Tommy and your sister
through where it can go.
Copy that, Sergeant.
So I should go now, huh?
Yeah.
Okay, so where were we?
We checked out Tommy's P.O.
Donna Marshall.
She graduated with a Masters in Social Work
from SUNY Purchase, top of her class.
She's been at the downtown office for over a decade.
Her boss, Ralph Kessel,
just cited her on the DOC website
as having the lowest recidivism rate in his department.
Good. Invite him in.
Anything else?
You think NYPD has a blue wall?
You know how the Department of Corrections
- is going to frame this. - Oh, I do.
But what if the genders were reversed?
Are you saying that a respected male officer
wouldn't abuse his power to coerce a woman into sex?
Look, guys, we all saw the look on Tommy's face, his affect.
We know that something happened to him.
So we take this case as seriously
as if it was a woman accusing a male P.O.
Mr. Kessel, thank you so much for coming in.
Have a seat.
It's never good news with you guys.
- Hit me. - Yesterday, a parolee
made rape allegations against one of your P.O.s.
Not unusual.
The amount of stories these ex-cons come up with
would put Stephen King to shame.
But just to play along, which P.O.?
Donna Marshall.
Donna? You do know she's a woman?
- We do. - Okay, let me guess.
The lesbian welfare mom.
She's on her third P.O. in as many months.
Actually, it was a man.
A man? Seriously?
This gets better and better.
Uh, how does that even work?
Well, she's a woman in power.
And according to the disclosure,
Officer Marshall pulled a gun on him,
and he felt that he needed to comply.
Oh. Comply.
He sounds like my wife.
Mine too.
I'm sorry, not everybody gets my sense of humor.
But, come on. Donna, she's...
She's barely a sexual being, let alone a sexual predator.
- She's all work. - Well, you're right.
This all may go away.
But legally, we have to follow up,
and you need to cooperate.
Of course.
Just give me the name of the lying son of a bitch
who's yanking your chain.
If he's filing, it's public record.
Well, you know, it is early in the investigation.
And it's clear that Officer Marshall has your confidence.
So I think we've heard everything we need to right now.
Well, okay.
Well...
let me know if there's anything I can do.
Thank you so much for coming in.
All right. Thank you for having me.
Wait, you had sex with your parole officer?
- Bella, it wasn't like that. - And you're defending him?
What happened between Tommy and Donna wasn't sex.
All right? She forced him. She had a gun.
- I swear to God. - Just out of the blue?
Why would she do that, Tommy? You didn't come on to her?
No! Bella, if I had, like, a thing with her,
you think I'd be telling you about it?
What kind of sex was this, exactly?
- Let's not get into details. - But you had "sex" sex.
- All the way? - I had a gun to my head.
- The whole time? No chance. - She's my P.O.
She said she could bust me right there.
I did what she told me to do.
You couldn't do it when my parents were asleep
two doors down, but you had no problem with a gun to your head?
Listen, Bella, my boss has been doing this for a long time,
and she says that this does happen.
- And she believes Tommy. - Your boss?
Does everyone know you slept with her but me?
I didn't sleep with her. Stop saying that.
Tommy Sullivan!
You better be in there! It's past curfew!
Who the hell is that, your girlfriend?
You have a home visit scheduled tonight?
- No. - Open up,
or we'll break it down.
This is a home inspection. Stay right where you are.
- Who are you? - I'm her brother.
- Can I ask what this is about? - You can shut your mouth,
that's what you can do.
Oh, come on!
There is nothing here.
What did she just say?
Tommy, what did you do?
I didn't do anything.
Got something.
Oxycodone.
Ready for retail. Put your hands behind your back.
- Tommy... - I never seen those before.
You're under arrest
for the possession of illegal prescription drugs.
Those are not mine.
Tommy, don't say another word unless you got a lawyer present,
- you hear me? - He's right, Tommy.
- You better call Saul. - Ugh!
Why didn't you tell them you're a cop?
Because that would not have helped the situation, Bella.
Drinking, cheating, and now drugs?
I'm supposed to be having this guy's baby,
and I don't even know who he is.
Those drugs were not mine, Sonny, I swear to God.
So you're saying your parole officer planted them?
Yes. She must have found out that I was accusing her.
- Did you guys tell her? - No. Of course not.
No, we spoke to her supervisor.
- What? - What?
You never should have done that. Those two are thick as thieves.
I said that I wasn't even sure that I wanted to go forward.
All right, Tommy, they were just doing their job, all right?
Though a heads up would have been appreciated.
Let's focus on now. Can you prove that oxy wasn't yours?
- How do you want me to do that? - Your drug tests are all clean?
Yeah, but that doesn't matter. She's claiming I'm a dealer.
You know what? Call her supervisor
and tell him that I got the hint.
I won't be making any accusations.
- Maybe this all goes away. - No, it doesn't work like that,
Tommy, they made a bust in your house, okay?
It's not their call anymore.
Then I'm done.
I'm a three-time loser.
Not if we can prove that she had motive to plant those drugs,
that she was trying to discredit you.
- Wait, what? - Look, your best play right now
is to go forward with the rape accusation.
Makes this bust look like payback.
Who's going to believe me now?
I do.
So the supervisor went straight to Donna
and told her that she's being investigated.
Yeah, then she goes on the offensive,
she plants the oxy in Tommy's house
during a surprise home visit.
We can get the pills and baggies tested for touch DNA.
Hopefully, Tommy's won't be on them.
- It won't be. - Okay, Amaro,
when you're giving the lab a heads up about the baggies,
remind them that we're still waiting for the DNA
- from Tommy's clothes. - Right.
Hey, Sarge, what about the rape charge?
I mean, I know Tommy wasn't the best witness at the start,
- but now... - We've been here before.
They're going to accuse and blame the victim, all right?
He's in for a fight.
I think he knows that.
How's your sister handling all this?
Basically, she's not, you know? I mean, she blames me.
- So does he. - That happens too.
You did the right thing, Carisi.
I hope so.
Yeah, I'll hold.
No good deed, huh?
So Tommy was a dealer?
Just pot, not oxy.
He's put that all behind him. He's been working his program.
Well, he was in a bar fight, though.
Yeah, after she assaulted him. He was decompensating.
Maybe. But people do... you know, they slip up.
Sometimes you have to let them hit bottom.
Yeah, I know. It's just...
things were going really well for Tommy.
Well, you know what? Some people can't handle that.
You know, they need... they need the drama.
Hey, I was there, all right?
His P.O. was in and out of that room in half a minute tops.
Okay, well, you know what? Somebody's lying.
Then we... we have to figure out who.
She's kind of big on tough love, isn't she?
Look, her sister played her so many times,
she taught herself to expect the worst from family.
Yeah, well, her family isn't my family.
Tommy's not your family.
Bella is. Look out for her.
Yeah. Yeah, yeah, I'm still here.
Thanks.
Thank you.
No way the touch DNA came back that fast.
No, but the results from Tommy's clothing did.
It tested positive for Donna Marshall's saliva
and, uh, fluids.
So that proves they had sex.
So we can bring her in.
Look, at the very least, she broke the law.
Hey, it's good news, Carisi.
You try telling that to my sister.
Get out of here with that, would ya?
No, Bella. This is good.
DNA evidence backs Tommy's story.
That he had sex with that woman?
Look, she knew this was coming. That's why she planted the oxy.
She's just trying to make him look bad.
He does look bad.
The whole thing, I can't take it anymore.
I'm thinking of moving in with Mom and Dad.
On Staten Island?
I cannot overstate how truly insane that would be.
I can't stay here.
I've dealt with the drug busts, prison, parole.
For 10 years I've dealt with it.
- I draw the line at cheating. - He wasn't cheating, though.
This job makes you think everyone's a victim to save.
Like with Tommy. You got over-involved.
He told me he was a mess. What was I supposed to do?
Gina and Teresa kept telling me I could do better.
- I should have listened to them. - Oh, my God.
I love our sisters, I do, but they're crazy, okay?
Teresa won't even talk to a guy who makes less than six figures,
and Gina, she's been engaged, what, like 10 times?
Don't put too much stock into their opinions of Tommy.
Why are you defending him now?
He was never your favorite either.
Tommy's had his fair share of screw ups,
but this isn't one of them, Bella.
Not to mention, you're having the guy's kid.
Maybe. We'll see.
We'll see? What does that mean?
I'm only 10 weeks. I got options.
Come on, hey, don't say things like that.
It's too much, Sonny.
I don't think I can do it.
I don't think I can raise a kid on my own.
So you admit that you and Tommy Sullivan had a sexual encounter?
Again, initiated by Mr. Sullivan.
I'm human. I had a moment of weakness.
- It was a mistake. - Not to mention illegal.
There's no need to be didactic.
Officer Marshall is here to cooperate.
Okay, so what exactly happened in your office?
Once we'd finished with our meeting,
I walked Tommy to the door.
And he said that he could tell that I had had a long day.
And I looked at him and I nodded.
And he asked if I wanted a massage.
And then he started working my shoulders.
And then he started kissing me.
And I told him it was not a good idea,
but he was aggressive.
Okay, well, did you say no or try to tell him to stop?
When I say no, people listen.
He didn't rape me, Detective.
And I certainly didn't rape him.
He came on strong,
and it didn't feel terrible.
And I let myself enjoy the feeling.
And by "it," you mean...
Oral sex and intercourse.
I'm going on the fifth anniversary of my divorce,
and it felt good to be wanted.
And Tommy Sullivan made you feel wanted?
In that moment, very much so, yes.
All right, I think
we've humiliated Officer Marshall enough.
She's facing interdepartmental discipline,
but we are done here.
Oh, well, we're just trying
to get your client's side of the story.
It's okay, counselor.
Okay, so you said that Tommy initiated the contact,
made you feel wanted.
Were you aware that he put in three requests this year
to change parole officers?
Mm, that doesn't surprise me.
I'm the toughest one in my office.
Really? So, what would give him the impression
that he could be intimate with you
after you said that it was a bad idea?
Parolees are manipulative.
You know, they think they have the upper hand.
That's the nature of the job.
Wasn't the job to not allow them to have the upper hand?
Let me ask you, uh,
was there... was there a gun in your office
during this encounter?
I carry, yes.
Where was the gun?
What, is he alleging that I assaulted him at gunpoint?
He was ready, willing, and able.
I mean, do you think a man could respond like that under duress?
Actually, we do. Yes.
All right, we came here as a courtesy.
But I've heard enough. Donna, let's go.
Tommy Sullivan is a criminal and a con artist
and a recidivist.
He came on to me,
and now he's claiming that I'm a rapist
because his pregnant girlfriend found out
that he cheated on her.
There's nothing to see here.
You believe that scumbag's story over a fellow officer,
then you should be ashamed of yourself.
She's a piece of work.
And a liar. Right to our faces.
Still, a P.O.'s word against Tommy.
I mean, her lawyer's right.
He's looking at five years for those pills.
Maybe not. Lab report's back on Tommy's oxy.
It's like he said, there's no trace of him.
They did find touch DNA, though.
Belongs to Jordan Dolphy, a paroled drug dealer.
Guess who his P.O. is.
_
- Jordan Dolphy, back up. - Hey, what's going on?
We got a warrant to search your apartment.
Hey, man, you can't do this!
Hey, hey, baby, call my parole officer.
Yeah, Donna Marshall?
You think she's going to help you now?
Check that coat.
There anything sharp in here?
Uh-uh.
Well, we got oxy.
Hey, hey, listen, let me just call Donna.
Oh, yeah. She'll explain it?
So she's been your P.O. for, what, three years?
And in all that time, you passed all your drug tests?
You think I'm stupid? This is a trap.
I think you're in trouble, Jordan.
We found your DNA on some oxy that Donna had.
Wait, she said it was mine? Donna made me give her that oxy.
In exchange for what? Clean drug test?
Hey, baby, hold that call.
She adds just the right amount of vinegar to my urine.
Oh, man.
- It's the Donna Special. - Right.
So she lets you off the hook, you do whatever she says.
So, what else do you get her besides oxy?
Other services.
What do you mean other services?
Hey!
Yo, Jordan.
She's a divorced, lonely lady. Use your imagination.
Whenever she says it's time for my piss test,
that means it's time to unzip.
Drain my sack dry every time.
So does she make you have sex? Have you ever said no?
Yeah, yeah, I tried, once. She pulled a gun out on me.
But... it's like free sex, I guess.
I should feel lucky, right?
Okay, we have DNA.
Donna Marshall can't deny sex, so she admits consensual.
Classic she-said, he-said in reverse.
She also maintains that if Tommy didn't want it,
it would have been physically impossible.
Which we can get experts to refute.
And her other parolee, Jordan Dolphy,
he says Donna Marshall raped him too?
Yeah. Under threat. Once at gunpoint.
She makes him trade sex for clean drug tests.
Dolphy told us that Donna made him give her the oxy,
and she planted it in Tommy's apartment.
And both these male vics are willing to testify,
in open court, they were forcibly raped by a woman?
Dolphy will. And Tommy...
He will too. I'll talk to him.
Make sure he understands he'll be subject to cross-examination.
Their stories are consistent, they're credible.
- They're believable. - Except for one thing.
They're men.
I got to tell you, I've never taken a case like this to court.
I can't find one D.A. here who has.
Tommy's got no choice
but I don't know if Bella's gonna be there.
I will talk to her.
Good. That leaves us with just one problem.
Convincing 12 people on a jury
that a woman even can rape a man.
- This is so nice of you. - Hmm.
Sonny's always saying how great you are,
how much he loves this job.
Well, he's a good detective.
We're lucky to have him.
So most of those are unisex.
Look, I think it's so ridiculous to buy baby clothes,
because they can only wear them for a minute.
Yeah.
Here you go. It's herbal.
Thanks.
So, what you and Tommy are going through,
it's, uh... it's not easy.
No.
Bella, I've been doing this a long time.
And I know how hard this can be for victims.
But I also know that it can be just as difficult
on victims' families, on victims' loved ones.
This whole victim thing,
I just don't know.
But everything that Tommy has told us has checked out.
And it looks like his P.O.
has done this to at least one other ex-con.
He's not just making it up?
No.
Sonny told me
that sometimes women say they've been raped
when they don't want their husbands to find out
they were fooling around.
Well, your brother has a lot of stories,
but this isn't one of them.
Tommy wanted no part of what happened to him.
Then how did he...
With a gun to his head?
You know, it just... that seems impossible.
Because it happens.
It happens to men, it happens to women.
It's a mechanical biological response.
It doesn't mean that the victim enjoyed it.
It's like, you know, a sneeze, or...
or when you've cut up onions.
Right?
Okay, so, what happens? You cry.
Actual tears.
But it doesn't mean that you're sad.
Bella, I know what I'm talking about.
And I'm asking you to trust me.
To trust me about Tommy.
One second.
Hi! Good morning!
Hello, mister!
Did you just wake up from your nap?
Okay, you come meet Mama's friend.
Look. This is Noah.
Hi, Noah.
Hi.
_
Is that when Mr. Sullivan told you he'd been assaulted?
It wasn't easy for him to talk about it.
He was, um, embarrassed.
But I'm proud of him for coming forward and telling the truth.
Thank you, Detective Carisi.
Your witness, Mr. D'Angelo.
So you said Mr. Sullivan was embarrassed,
possibly even anxious?
- Yes. - Could that be
because he was lying to you?
- Objection. - Sustained.
I'll rephrase.
Mr. Sullivan told you this story
after he'd been arrested and you had picked him up from jail,
- right? - Yes, but it wasn't a story.
And you're not just his fiancee's brother,
you're also an SVU detective?
- Yeah, that's right. - Which he was aware of.
So is it possible, Detective,
that Tommy Sullivan was trying to get your sympathy
after he'd been arrested,
after he'd cheated on your sister,
by telling you that he had been raped?
No, actually. He wasn't even aware
that a woman could rape a man.
Oh, that's right.
In fact, he only used the word "rape"
after he had talked to your supervisor Sergeant Benson
and Detective Amaro, correct?
He did disclose to them.
After you asked them to talk to him.
I mean, Mr. Sullivan didn't think he had been raped at all
until SVU detectives told him that he had been raped.
- Objection. - Sustained.
Jury will disregard.
Nothing further.
Officer Marshall said I had to give a urine test
in front of her.
So I unzipped my pants and did what she asked.
Then she told me to lie on my back.
And when I hesitated, she pointed her gun at me.
And after that, I did whatever she said.
And what happened next, Mr. Sullivan?
She handcuffed one of my wrists to the leg of her desk.
And then she rubbed me. Put her mouth on me.
I have to ask you to be very specific here.
Where did she put her mouth?
Uh, she put her mouth on my penis.
Um, I didn't want it to...
You know, but my body responded.
And then she got on top of me
and she forced me to penetrate her.
She raped you?
Yes. She raped me.
How did you react?
Well, I mean, I was completely powerless.
I'd felt angry, terrified.
I was worried about my fiancee.
Worried that if I didn't go along with it,
Officer Marshall could send me back to jail,
or shoot me right there.
You got to understand, P.O.s have complete control.
Thank you. Nothing further.
So it's your contention that,
while handcuffed with a gun to your head,
all of this against your will,
you were able to perform sexually?
Yes, but I did not want to.
Well, did you fight back?
Did you scream?
- No. - No, of course not,
because, as you claim, you had a gun to your head.
I mean, did she have the gun in her hand the whole time?
I don't think so.
She might have put it down at one point.
According to your own testimony, you had one free hand.
I mean, you're a sizeable man.
Why didn't you just grab the gun?
Because if I had done anything...
fought her, yelled at her, if someone had come in...
who knows what she would have done.
I only had three months probation left.
Until you got arrested for oxycodone.
No, that wasn't mine. Officer Marshall planted it.
Well, there are two possible scenarios here.
Scenario one: a dedicated parole officer
forces you to have sex with her at gunpoint in her office,
and then the next day, she went to your apartment
with three other parole officers
and planted drugs.
Or scenario two:
you go out drinking, you violate your parole,
and you get arrested for fighting.
That same dedicated parole officer
follows up with a search of your house and discovers drugs,
at which point, you cry rape.
Objection. Are we on summations here?
- That oxy was not mine. - Really?
So did it belong to your fiancee?
- That's not what I meant. - Not what you meant.
Not what you wanted. Not your fault.
You're just all tied up in nots, aren't you?
- Objection. - Withdrawn. Nothing further.
You may step down, Mr. Sullivan.
We'll take a short recess.
I'm sorry, Mr. Barba.
That guy kept twisting everything around.
You did fine.
Cases look bad until all the pieces come together.
Jordan Dolphy's up next.
When her attorney kept asking you
how the drugs got into your apartment...
They're about to find out.
This isn't fair.
They're making Tommy out to look like the bad guy.
- Welcome to my life. - Hey, have you seen him?
- Who? - Jordan Dolphy.
He was supposed to be in the witness room.
He's testifying next. Have you seen my witness?
The squirrelly little guy?
- Yeah. Where'd he go? - He was jonesing for a smoke.
I told him he had to take it outside.
Did you? Come with us.
Oh, damn.
- What? - I had a bad feeling
while prepping him last night.
What, you just let this guy go?
He wasn't under arrest, Detective.
He was a material witness.
Well, now he's immaterial. What do you want from me?
- Find him! - Oh, okay.
I'll get right on that.
If he comes back into this building,
I'll let you know.
After an exhaustive all-night search,
we were unable to locate Jordan Dolphy, Your Honor.
We need to request a continuance.
You're not able to proceed without him?
His testimony is essential
for establishing that Tommy Sullivan was not dealing drugs.
Well, then you should have kept better tabs on him.
My client has the right to a speedy trial.
He's right, Mr. Barba.
Motion for a continuance denied. Call your next witness.
Mr. Dolphy was our final witness.
Does the prosecution rest?
Yes...
Your Honor.
Well, then we'll call our first witness, Jordan Dolphy.
Excuse me?
What is going on here, Mr. D'Angelo?
Mr. Dolphy came to us after a sleepless night,
and he told me that he was coerced
by the police to lie in order to avoid a drug charge,
and is being coerced by the D.A.
to continue the lie on the stand.
That's ridiculous. Nobody asked him to lie.
You can't call my witness.
Sounds like he's not your witness anymore, Mr. Barba.
_
Two SVU detectives burst into my home.
They found oxy,
and they also said that they had my DNA
on oxy confiscated from Tommy Sullivan's home.
And did they arrest you?
No.
They made it clear that a deal could be made
if I would agree to testify against my parole officer.
Donna Marshall, the defendant?
Uh-huh. That's right.
They had some trumped-up case against her
that they wanted me to corroborate.
And you're risking a drug charge to testify here today.
Could you tell the jury why?
Officer Marshall's been nothing but good to me.
I couldn't let her go down for something that I did.
I'm the one that sold Tommy Sullivan the oxy.
She had nothing to do with it.
Thank you, Mr. Dolphy.
Your witness.
Mr. Dolphy, you've been Officer Marshall's parolee
- for three years now? - That's right.
And in all that time, you've never failed a drug test?
- No, sir. - Why is that?
Because I'm clean.
I see.
You testified that detectives found oxycodone
- in your apartment. - For sale. I don't use.
You don't use oxy.
But you do shoot heroin, correct?
Objection. Relevance?
Goes to motive, Your Honor.
The witness has denied using drugs.
- I'm entitled to cross. - Witness will answer.
And remember you're under oath, Mr. Dolphy.
- Do you use heroin? - No.
May I ask you to roll up your sleeves, Mr. Dolphy,
- for the jury? - Objection.
He can't make me do this.
Actually, he can. Witness will comply.
Are those fresh needle marks, Mr. Dolphy?
Yeah, okay? Yeah.
So the question remains,
how did you manage to pass three years worth of urine tests?
I'd like to request a recess, Your Honor.
Now? He's my witness.
Agreed. Continue, Mr. Barba.
Did you or did you not tell SVU detectives
that Officer Marshall doctored your urine tests with vinegar?
I... I don't recall.
And did you or did you not tell SVU detectives
that you were coerced into sex with the defendant
in exchange for clean drug tests?
- Objection! - Overruled.
You said you were going to fix this!
That the drug charge would just go away!
Are you referring to Officer Marshall's boss, Ralph Kessel?
Did he convince you to testify for the defense?
You don't get it.
These people, they own your ass.
They run the table.
You want to stay out of prison, you do what they say.
I need a recess, Your Honor.
I'm sure you do.
No more questions.
Never trust a junkie.
- What's this about? - Donna.
She wasn't going to take the stand,
but after Dolphy's testimony, she has to.
So this may not go well for her.
Let's cut to the chase.
My client is willing to plead guilty to evidence tampering.
She'll lose her job.
She raped Tommy Sullivan at gunpoint.
There is no evidence of that.
If she takes the stand, a decorated officer
with an impeccable reputation,
and tearfully confesses to a sexual indiscretion...
when is the last time a Manhattan jury
convicted a woman of raping a man?
Can you tell me? Because I don't know.
Why are we here?
Because my client does not want to suffer the humiliation
of taking the stand and discussing her sex life.
And she wants to avoid the likelihood of going to jail.
We plead guilty to evidence tampering.
Year's probation.
And the rape?
We'll agree to sexual misconduct.
Five year's probation.
And she goes on the registry.
That doesn't work for me.
That's not going to work for you?
You might want to think about this.
You're a P.O.
Do you really want to spend the next five years
of your life in prison?
Fine.
You don't know what it's like.
You cops, you lock these animals up
and you never have to deal with them again.
Donna!
I'm... I'm... I'm supposed to rehabilitate them.
I gave up my life,
my marriage for this job.
And then Tommy Sullivan comes waltzing in all buzzy,
talking about his pregnant girlfriend
and his wonderful new life.
That doesn't give you the right to do what you did to him.
I tried to help him!
I tried to help all of them!
And you know what they do?
They take your hand and they drag you down to their level.
They don't want to change.
They will never change.
Time to get your client out of here, counselor.
We're done.
So Donna's not going to jail?
No. But she is going to lose her job.
She'll be on probation.
She's going to be on the Sex Offender's Registry.
And that supervisor, Kessel, they're gonna investigate him.
He'll get tossed too.
What about Tommy?
The D.A.'s going to drop the drug charges.
He should be home soon.
He's going to get a new parole officer.
So we're back where we started.
Are we?
Look, Bella, it took a real man
to get up in court and tell the truth like Tommy did.
A hell of a lot of guts.
And he did that for you, Bella.
For you and the baby.
Yeah. I know.
Bella.
Tommy.
It's all going to be okay.
We're going to be okay.
Yeah. Yeah.
- sync and corrections by Zac - - www.addic7ed.com -
www.tvsubtitles.net