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tv   CBS This Morning  CBS  February 6, 2016 9:00am-11:00am EST

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maggie, where's my coffee? maggie? maggie? oh my god! oh. i... i-i need help. two victims. night manager, margaret sandomir. as far as we can tell she was raped and shot. john doe was by the trash stabbed several times in the back, chest and genitals. he's on his way to mercy. who called it in? alvin maddox-- works construction. mr. maddox... i'm detective you holding up?
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i mean, not before an undertaker got to them, you know? i'll try to make this as quick and painless as possible. i just need you to tell me what you saw. i really didn't notice anything wrong until i got to the coffee pot. there was none. then i saw all the blood and maggie behind the counter. who would do that? everybody loved her. did you know the other victim who was found outside? i didn't even see the poor bastard at first. almost lost my bakfast. mr. maddox, i'm going to need your shoes. oh, my god! i didn't... i wasn't-- i just need to eliminate your footprints, so i'll write you a receipt and we'll return them to you when we're done. you kidding? toss them or burthem. i'll never wear them again. okay, sit tight. ll have someone take you home. body's been tampered with.
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and the shoes are on the wrong feet. the, uh... the m.e. said he found no trace of fluid. so, it looks like our guy wore a condom. so far, too much blood; not enough forensics. just what i like, a smart predator. okay, so we got two victims, one shot, one stabbed-- one inside, the other out on the street-- but from the looks of it, it all started in here. if he had a gun, why thknife? something went wrong.
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money was still in the drawer-- $200 and change. that's why we're thinking it's a rape that got interrupted. surveillance camera? nonfunctional for some time. it's not in a high-crime area. the owner thought its presence was deterrent enough. well, who's our corpse? margaret sandomir, night manager... works midnight to 6:00 a.m., beloved by all. not entirely. has the family been notified? mother took a sedative. our second vic has no i.d.-- just a few dollars in his pocket and a set of keys. so, he's probably going in for a midnight snack
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and genitals instead. munch: focused... or frenzied attack? both. two different guys, two different weapons. so, one was organized, the other one... out of control. what if we got one guy, two weapons? munch: maybe he was in control and lost it when our second victim interrupted his flow. fin: i'll check the computer see if they've got any hits on perps that like to carry both. well, until our victim wakes up to give us any pertinent information munch, fin, knock on doors. if he's local, let's try to i.d. the guy. benson, stabler, talk to the sandomir family. get some background. woman: she was getting her ph.d. in psychology at columa during the day. we thought since the market was just two blocks away that she'd be safe. it's our neighborhood. everybody knows her. did she have any enemies? was there ever any trouble? s-s-she did have some difficulty with one of the patients at the clinic
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what patient was this? maggie interned at a mental health clinic twice a week. this man fantasized that he and maggie had a relationship. he stalked her. what's his name? oh, god, i don't remember. there was a police report. maggie assured me that he wasn't dangerous. do you have the name of the clinic? hmh clinic... homeless mental health. hi. hi. can i help you? yeah. could i see dr. klein? she's in a session. it'll take about five minutes. she'll be done in 30. so, have a seat. great. thank you. guy stalking our victim is ben morand. she took out a restraining order. so much for him not being dangerous. you want to go and come back later?
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( )mbling they pulled the 61 on moreland. he was stalking our victim for almost a month. became agitated when approached by uniforms. he had box cutters taped to his hand. one cop almost got cut. when was this? two weeks ago. he at riker's? claims insanity. said the unis had laser beams for eyes and were trying to fry him. the judge ordered him to take his meds and sent him home. address is west 54th street. what are the odds he's still not taking his pills? ( buzzing ) hello? ben moreland? what's this about? maggie sandomir.
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where were you last night? right here. why? anyone with you? just me and the four walls closing in. she-she s-say i was bothering her again? 'cause i swear i wasn't. ms. sandomir is dead. no. i-i just talked to her. in person? she called me. wanted to know how things were going with the new shrink. she-she referred him. she was always good to me. i guess that's why i fixated. she helped me get my disability, get off the street... take my meds consistent. the court order helped, o. you still complying? i take fluphenazine. guess i'm supposed to live with the... drooling... and the shakes.
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only when i'm crazy. i haven't been able to work since they forced me to take the medication. is it helping? depends. i'm not hearing voices telling me to rip my own throat out. it's supposed to make me better so i can hold down a job. who the hell's going to hire me like this? i don't work, i'm going to be out on the street again. it's tragic what happened to maggie. anything i can do? yes, we need a list of her patients. anything except that. doctor, we understand you'd like to protect their confidentiality but this is a rape/ murder investigation. that list won't help you. why not? these people don't have addresses they're scattered all over the city. well, can we get the schedule of when they're due to come in for their medication? so they can be traumatized by the experience? i betray their trust, they don't show the next time. it's hard enough to get them to take their meds to begin with. we can get a court order. that's what you'll have to do.
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and uncooperative. my patients suffer from manicicepression mood disorders and schizophrenia. that doesn't make them killers. yet there's an unbelievable stigma when most of them are not violent. doctor, are all of your patients under control? if they take their meds and work with their doctors, yes. and if they don't? instead of hounding patients struggling wit their disease you should be checking the subject of maggie's thesis-- mark nash. and why doesn't he fall under your protective cover? mark nash was noncompliant. he refused to take medication. i absolutely believe that medication and therapy give the best possible relief for schizophrenia. maggie advocated a patient's right to choose... but how can a sick mind even recognize that it's ill? lab came back on our footprints-- only three sets-- our victim outside and our witness maddox. looks like we're looking for only oneerp. stabler: nothing on mark nash.
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first time for everything. so you think the guy goes from zero to rape and murder because he's schizophrenic? uh, if he's not in his right mind, hell, yes munch: and who is the arbiter of mental health? are you sane? and how do you know if you're not unless somebody tells you? and how do they know they're not? what about morelan he look good to you? nothing so far. he's got no alibi. but i don't see him going out in that condition. he stalked her. if anybody's seen him lately, we'll find out. be hard to miss himwith all the facial twitches tremors, and drool. stabler: probably extra-pyridal. i got maggie sandomir's thesis from dr. klein. that sounds like the side effects you get from long-term usage of antipsychotics. you get involuntary muscle spasms, among other things. that's why a lot of them refuse the medication. benson: right, but we can't possibly know which ones are dangerous, when they're going to snap. that's why taking their meds shouldn't be an option. you would suppress an individual's right to refuse medical treatment? for the public safety-- absolutely. our john doe is out of surgery a awake. so, let's get his statement.
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( beeping rhythmically ) how's he doing? he still got all his parts? can't this wait? fin: if he croaks in the next five minutes? he just came out of major surgery. and we're ying to find out who put him there. don't worry, this'll be short and sweet. sir? yeah? what's your name? miller... earl miller. can we call anybody for you? no. munch: did you get a good look at who did this to you? slight... white... 20s, 30s... brown hair... crazy. i saw him attack that woman. crazy? what, did he say something? russian... something. munch: he spoke with an accent?
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please. mr. nash? mark nash? rakolnikov... it was i... killed the old pawnbroker woman and her sister with an ax. mr. nash, i'm going to need to see your hands. 317 rubles... benson: ineed to see your hands. ...and 60 copecks. mr. nash, why don't you stand up slowly and show me your hands? put your hands behind your head. stabler: put it down. mr. nash, you're under arrest. i do not repent.
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you got all lost in your head, ght? did she say something or do something that set you off? is that why you hit her? no, no, nono. well, mark, i tell you, you hit her so hard she came out of her shoes. then you felt bad, so you tried to put them back on her feet but you got them on the wrong feet, is that right? razumihin... you think i'm mad? have a drink, you'll feel better. you've had enough for all of us. i can still smell the beer on you. you're not drunk, are you? is maggie dead? you know she is, because you killed her. and then you stabbed a witness. he might not make it. i hope he's dead! so, you did stab him? yes! ( screams ) ( whispering ): mark, mark... shh. let's calm down. mark, calm down, okay? we just want to help. so, why don't you sit down and we'll talk... ( screaming loudly )
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not while he's delusional. defense is going to ask for a 730. state examiner will keep him until he's fit for trial. benson: then maybe we'll get his story instead of dostoevsky's crime and punishment. we got enough for the assault to confine him to a state hospital. the blood on thenife came back as miller's. i'd like the gun to close it up tight. the m.e. found two hairs on the body follicles intact, so maybe we don't need it. i never turn down evidence. munch and fin are talking to nash's mother in the interview room. let's serve her the notice while she's here and then go toss the house. when he didn't come, i went looking. he didn't have his keys. he loses them or forgets them. i went to the market. it was closed. there was yellow crime scene tape over it. i've been running everywhere trying to find my son-- in hospitals police stations, even the morgue. now i'm here, so please, what did mark do? maggie sandomir is dead. she was sexually assaulted and shot in the back.
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he got stabbed for his trouble but he'll make it. my son isn't violent. mrs. nash, he took a knife out of his pocket, and his clothes are stained in blood. this is impossible. he adores maggie. he was so withdrawn and she took the time to reach him. they spent evenings together. sometimes he hped her in the market. they were close-- as close as mark can be. he would never hurt her-- never. he refuses to take any medication. has he ever been on anything? clozapine made his white blood cells drop. chlorphromazine made him sleep 18 out of 24 hours in the day. he refuses to try again. does he drink? yes. i never give him much money but he always manages to buy beer. did he ever show any signs of violence?
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do youwn a handgun? yes. i understand if you're afraid of him. i bought that gun to protect mark against the neighborhood ignorants. they chase him and frighten him. they're obsessed, terrified that he'll freak out and hurt them or their children. the media has done an excellent job of demonizing schizophrenics so that when people look at my son they don't see a human being. mark doesn't scare me, detective. pathetic, narrow-minded people do. miss cabot. matt wooding, counsel for mark nash. alex cabot for the people. nice day for a walk in the park. maybe. what are you offering? ten years in a state hospital. court-monitored medication compliance for the duration. well, that's a little stiff. six inside, remaining four on compliance.
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you've only got him for miller's assault. last i checked, he was still breathing. just barely, and now he's missing a piece of action. eight inside, five on compliance but if i find the murder weapon, the deal's off the table. you mean if you find the gun with mark's prints on it, don't you? i'll talk to the mother. stabler: okay, we're looking for a .38. the suspect's mother owns one. so, concentrate on her bedroom. i guess this is his corner. hey, he's got the right idea. just seems nutty to me. you know, maybe it's his way of making the shows more interesting. maggie gave mark nash a chance and it cost her her life. that your reason for doing what you did in the interview? what did i do? well, he was starting to talk. if we'd just gone at him easy, he would have come around. i asked the hard questions; he confessed.
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six months out of the academy, i worked a crime scene where schizophrenic hacked his father to death and then he offed himself. whole place was covered with blood. turns out he stopped taking his meds. look, olivia, that is your experience with one guy. even shrinks can't predict their behavior. it's for their good that they take their medication. are we going to shove pills down their throats? if it'll get the job done. you're uncomfortable with the mentally ill. no, i am uncomfortable with dangerous unpredictability. found this in her lingerie drawer. it been fired recently? man: people v. mark nash. the charges are one count murder in the second degree one count of rape in the first degree one count assault in the first degree. judge: how do you plead? not guilty. oh, going for insanity-- what a surprise. wooding: self defense. judge: ms. cabot? uh... your honor, remand without bail. the defendant is a serious threat to the community.
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to determine mental competence. wooding: objection. there's no reason to assess the defendant's mental health. we will stipulate that he suffers from paranoid schizophrenia-- a debilitating dease, but not an incapacitating one. the defendant raped and fatally shot one victim known to him and severely maimed an innocent bystander who interrupted his crime. i want to determine whether or not his illness is a factor in the commission of these brutal crimes. the american psychiatric association would strongly disagree with ms. cabot's narrow-minded assumption that mental illnessis always a precursor to criminality. that's very p.c., counselor but let's just see what the members of the apa actually have to say about it. remand without bail pending psychiatric evaluation. the defendant reserves the right to refuse medication. so noted. ( pounds gavel ) shouldn't have to take the poison. alrey got cyanide in my head. don't want any more. it's in the water. mark... agranulocytosis, seizures
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torticollis, hypotension, parkinsonism... those are side effects of antipsychotics. mark, is the reason you refuseedication that you prefer the world you live in to reality? i'd be crazy if i didn't, wouldn't i? don't look at me. why not? because you can see the books in my head. what kind of books are they? prognostication. i do it before i see it and it's exactly like i saw it. what do you see? i see the safe. do you understand what happened to maggie? maggie died. she was murdered. i know that. she was raped, too. yes. ugly. what is?
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maggie understood... that my hatred stemmed from a matriarchal obsession with christ. i focus not on the crucified, but... on the suffering of his mother. did you study psychology? of course-- sociology, theology, pathology. i am an autodidact. i sometimes hate my mother. if it weren't for her great suffering... then i could end all this. do you remember exactly what happened to maggie? the safe. the combination to the safe is needed to get within it. my life is in the safe and the keys are needed to get within. where is the safe? below the floor. in hell.
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miller i.d.'d the loon out of the photo array. words have power, fin. keep up the bad karma i see alzheimer's in your future. at least i won't remember how great i used to be. what'd i miss? ben moreland's prints were found at the crime scene. and according to dna the hairs found on maggie sandomir's body--
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i haven't seen ben moreland since the situation with maggie. we found him a new clinic. have you checked with them? they haven't seen him in two weeks. and it wasn't a "situation." he was stalking her. i don't have time for this. i have a lot of patients waiting to see me. well, i suggest you cancel the rest of your schedule because you're going to be cooling off in lockup for the duration. on what charge? aiding and abetting a prime suspect in a murder investigation. now look, doctor, we're not asking you to reveal privileged information here. look, if moreland was coming to you for his meds then that means he was homeless at the time. so, why don't you just tell us where he liked to hang out? try the shepherd's flock shelter. they used to let him draw on the walls. ( ringing ) you know, we should check out the psyche wards also. stabler. when'd that happen? thanks a lot. ben moreland's in the tombs. what for? destruction of private property.
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n-no, i didn't. we found your fingerprints in the market. i-i lied to the other detectives. i dn't lie to you. did you kill maggie sandomir? i did. i-i'd like... to do my time at creedmore. just tell us what happened first. i went to talk to maggie. i wanted her to tell that quack she sent me to to change my meds. she told me to leave before she had to call the cops. traitor. that must've made you angry. sure. is that when you stabbed her? a-and then i-i-i hit her, and she fell down. and then i kicked her...
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then what? ( grunts ) ben, how did you kill maggie? you-you don't know? you kn... you know, they-they have an art studio there. it's part of the therapy. stabler: what is? painting. i could... i could probably have my own wall. take a blood sample to match against the hairs. if it comes back negative, cut him loose. we are now down to zero suspects. any thoughts? we haven't looked at miller. you think our second victim's the doer? he's got no i.d. but wait, he just recently moved here, right? from new hampshire and they never heard of him either. stabler: an alias? no hits on ncic. cragen: granted, it looks suspicious but i hope there's another reason to turn the screws on one of our victims.
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when his address is 20 blocks away? i mean, that's a hell of a hump for a midnight snack. when we asked, he said he was on his way home from visiting a friend. this friend have a name? ugh! i wonder when i can have solid food again. so, what can i do for you? just want to go over your statement. want to make sure we didn't miss anything. now, you told detectives you were coming home... from a friend's house, that correct? that's right. and the friend's name? why? well, depending on the d.a. theyight want to call your friend in to testify as to what time you went home. well, i thought it was a no-brainer. i heard the guy was found with the knife in his pocket and my blood on his clothes. just give us his name mr. miller, and we'll, uh, we'll get out of your hair. the thing is, is i... i wasn't with a friend, actually. i was with a pro. oh, okay. her place? nah, her car.
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why would i want to know that? thanks. woman: dr. byron, please call the page operator. he's changing his story. mm-hmm. a prostitute in that neighborhood, with a car? you notice his eating habits? it's convict posture. it's pretty hard to shake. yeah. excuse me, miss? yeah? can you go into mr. miller's room and remove his food tray but don't touch anything on it? sure. no problem. earl miller's prints belong to earl gilmore. did a seven- out-of-12-year stretch in sing sing for armed robbery. benson: so maybe he goes in to steal, but he does maggie instead. nash is the witness. he sees the attack on his friend grabs the knife, and shreds his stem. in his mind, poetic justice. anybody's mind. any sex-offense charges that didn't hold up? not one. well, seven years in sing sing could change anybody into a sexual predator and make them smart enough to know that dna can nail you if you don't use a condom. we run gilmore's blood from the crime scene we'll get a dna match, i guarantee it.
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check withabot. if it's a match, it might be enough for probable cause. munch, fin, head up to ossining and get his prison file. can't they send it? and while you're there, talk to anybody who recalls the ex-con's reputation. some incidents just don't make it into the file. earl gilmore's file. all you had to do was make a phone call i'd have sent it over immediately. truth is, we wted a drive in the country. gilmore cause any problems? the usual disruptions. nothing serious, or we'd have flagged him before parole. fin: which guar were assigned to gilmore's cell block? why? we'dike to talk to them... get some background on the prisoner. best people to do that are the ones that eyeballed him every day. i don't think that's necessary. all the information you need is in that file. now, if you'll excuse me. ( sighing ) i haven't seen tap dancing like that since ring in da noise..."
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that they paroled a convict with violent tendencies back into the unsuspecting population. well, it says right here the shift changes at 4:00. guard named wheeler comes on then. you want to wait? why him? well, he filed most of the petty complaints. figure he might've objected to the hump's early release. you suppose we can get a home address on wheeler? i'll wait right here while you go back and ask. fin: gary wheeler? you wheeler? yeah. munch: you remember an ex-con named earl gilmore? got out last year. should've done the whole bid. why do you say that? was he a hard-ass? when he rotated in, he had the usual bluster right up until lights out. his cell mate initiated him into le at sing sing. how bad was that? 14 stitches and a we in the infirmary. ouch. it went from bad to worse till gilmore decided to pump up. smuggled in steroids instead of the regular contraband. steroids made him more aggressive?
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he never once lifted a finger against the guards but when the new meat arrived, he was on it like a hungry dog. blood matches the hairs... but don't arrest him yet. why not? it's all circumstantial. i don't have the murder weapon and i need a credible witness to charge him with rape. mark nash is a witness. i said credible. he's psychotic. even if i wanted to, i couldn't instruct a jury to disregard his delusions. so, you're saying you can't win with what we've given you? ever hear of reasonable doubt? i ne the gun. benson: this is exactly where gilmore was found. i don't see him getting very far in his condition. he's laying here-- he slips the gun in with the rest of the garbage-- he's home free. wait a minute. there was more garbage here before. uh, yeah. trash is collected every wednesday, if we're lky. that was last week. what company do you use? hell if i know. "lassiter... lassiter sanitation."
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each truck carries 22 tons of garbage. takes 70, 80 trucks to fill a barge. sounds like we're wasting our time. trust me, whatever you're looking for, we'll find it. look, even with 800 tons of garbage in a barge i know exactly where each of my trucks off-loaded. we'll just carit to staten island... have the hazmat guys sift through it. when did we do the picp? last wednesday. oh, i'm sorry, i can't help you. why not? where's the barge no
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i cannot force mr. nash to take antipsychotics. he has rights, and one of those rights is the right to refuse medication. isn't there any way to use the assault charge to force him? he exhibited a vlent reaction against someone. doesn't that constitute a danger to himself and hers? until i can prove it, no. he hasn't been convicted of anything. what about his mother? his mother has instructed their attorney that under no circumstances is her son to receive medication. she's certain it's his wish and she's adamant about it. then we're out of options. gilmore walks on murder and the witness goes to jail for knifing him. riker's can't be all that comfortable for mr. nash.
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why? the general population wouldn't be sensitive to his disease. you want me to cut him a deal so he can go home. in order to prove self-defense your client has to testify on his own behalf and i don't see him doing that without medication. wooding: you ha a suspect-- earl gilmore, ex-con, out on parole. he went up once for armed robbery. that's why he went in that market. cabot: there was no money missing. so, it's just conjectur unless i get a lucid statement from your client saying otherwise. my client refuses medication then he's going to prison. i've got him cold for assault one. what are you selling, ms. cabot? i'll rule it justifiable in exchange for a statement about the entire event. wooding: you want him on medication. skoda: an injection of an antipsychotic that will last about a month. sks? without psychiatric care mr. nash will be ill-equipped to deal with reality and any medication carries a risk of side effects. why such a long-acting injection? if i need mr. nash for trial, he's medicated.
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the drug will wear off and he can go back to his psychosis if... that's what he still wants. no... no... no! i think you just got your answer. who did that to your face, mr. nash? ( whimpering softly ) would you like to go home? yes. i want to go home. you have to agree to take your medication or you have to stay here.
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( door lock buzzing ) i'd rather talk to you guys, anyway. you're going to, uh, do a lineup or something, huh? nah... you picked him out of the photos. no questio that guy shanked you. but he tells a different story. so, we were wondering if you wanted to ame your statement. you're going to listen to a nut job over me? you said when you entered the store you didn't see anything right ay is that correct? yeah. you went to get a six-pack. that's when you seen the guy behind the cnter over the victim, right? that's what i told you. so why didn't he just shoot you? he came after me. i ran, ducking between the aisles. maybe he couldn't get a shot off i don't know. is that when he stabbed you in the back? yeah. hurt like a bitch, too. you buy that? yeah. well, what if you're our perp? you get stabbed... there's a big struggle. somehow you manage to escape. you've lost a lot of blood.
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'cause you've got to get rid of the gun. put it in the trash. that was smart. i don't know, munch. if i'm gilmore and i got a gun why don't i just shoot the guy with the knife? he thinks he's alone. the clerk's dead. so, he put the gun in his pocket. when he got attacked, he couldn't get to it fending off knife blows from behind. how's that sound? i want a lawyer. don't give my son anything. benson: mrs. nash... he agreed to this. because you forced him. you already know what happened in the market that night. mark's done nothing wrong. why are you doing this? ma'am, because he is the witness to maggie's death. we can't make our case without him. so you treat him like a criminal. you never asked him, you hold a gun to his head and you have the audacity to say that he agreed-- prison or this. oh... mark... you don't have to do this. mommy-- i'll figure something out. they told me... i will find a way
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the bars, there's microwaves in the bars so they can read your mind. they put razors in the food. i spit up blood. doctor: he signed an agreent. he didn't know what he was doing! stabler: you would have to get a competency hearing to supersede his rights. months... it would take months. i talked to maggie. she told me she wanted to die. oh, mark... you cut me! ( whimpering softly ) show me your cards. seven years in prison turned your client into a sexual predator. rely? how do you prove it? i find and put every man he raped in prison on the stand.
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and i don't think the public would appreciate it. next? he was at the scene. he likes to shop there. so what? so, i've got a potential witness. and what else? dna. not possible. your client is a very stupid man, dawn. hey, who you calling stupid, you scum-sucking bitch? plead to life now or... wait for my witness's statement and end up with a potassium chloride cocktail. ( breathing heavily ) ten minutes. stabler: do you remember what happened that night? maggie was killed. did you see anyone enter the market? no. i usually stayed in the cold case. i like beer.
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that's when i saw the guy. he was standing over maggie. her pants were down, but she wasn't moving. did you see him rape her? no... but i know he did it... because... he was exposed. he was searching through her pockets looking for the keys to the safe. where's the safe? it's in the floor behind the counter. i didn't know if maggie was still alive. that's when i grabbed the knife and stabbed him. did he have a gun? i saw the bulge. it was in his pocket. he lifted his hands to fight me, so... i stabbed him lower.
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i didn't see him leave. mark... was maggie already dead? ( crying ): i couldn't let anyone see her like that. i knew she wouldn't have liked it. so, i diwhat i could... and then i had to get away. why didn't you call the police? why didn't you wait? for what?! my friend was dead. he did that to her... and she didn't yell for me. while he brutalized her, thatened her with a gun...
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deal's off the table. your client's headed for death row. that's up to a jury. for my sake and yours, don't talk to anybody. please stand up. what's going on? see you in court. cabot: earlilmore, you are charged with the murder and rape of maggie sandomir. when i said i'd have dinner with you i thought we might be sitting. we can sit in the car. you're a classy guy, you know that? yes, i am. yeah, i do, and you know something? ( phone ringing ) i'm paying for it. it's on me, don't worry. stabler. we'll be right there. what? here. let's go. hospital. i'm dr. warner. you the s.v.u. detectives? yeah-- stabler; this is benson. what happened? strangulation.
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he asphyxiated-- very effective. ( whispering ): why? why would he...? the meds made him lucid but with the voices gone, so were his friends. loneliness led to depression and then to suicide. can't face a reality you're not used to living in. his parents been contacted? his mother's coming down to i.d. the body. mrs. nash... i'm so sorry.
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narrator: 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. ( cheering on tv )
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woman: how many times do you expect me to put up with this? man: shut up, you witch! what the hell are you doing going through my things for? woman: you're a liar! you said you'd never do that again! this is the last time, you creep! i can't wait till you die so i can spit on your corpse, you freak! no, no. come here! no, no. come here. you want to talk? come on. let go of me! ( woman screaming ) think of your body as part of the crime scene. time and body fluids erode evidence. procedure is we head to the hospital and then i'll take your statement. so, basically, the bastard rapes me, and you waste time. that's the procedure? ma'am... look here, officer...? detective munch. perhaps you'd be more comfortable with a female detective.
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there are five stages of grief. try not to go through them all at once. cute. i'll talk slower. i don't need sop explained to me i don't need a rape kit and i really don't need you to hold my hand! munch: look, it doesn't matter if you've had prior consensual sex with this man. sure. it doesn't even matter if you're still in a relationship with him. he's my husband. you and i need to see a doctor, and as soon as you give me an address, we can pick up your husband. he's at manhattan south.
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you care to join us, detective? oh, love to but i've got reports to file and coffee to make. regardless of your personal feelings, i want you on my team but only for as long as you want to be here. it's nice to be wanted. well... these aren't going to file themselves. so...? patricia andrews claims her husband raped her this morning. she got a sprained wrist, but nothing much else to suggest physical abuse. she doesn't need the beat up to prove it. she's going to need more than her word, because my partner conveniently forgot to mention our guy is homicide, manhattan south. i didn't mention it 'cause it's not important... at least, not to me. 20-year vet, citations a sheet long, high closure rate. well, along with making the brass very happy, the guy's also a rapist.
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uh, ever hear of no? you ever hear of contractual abandonment? the only reason to forsake all others is so you don't have to hear no. i've been married 16 years. i hear it all the time. okay, munch, let me clue you in. a wife as property went out in 1984 when the law finally realized that even a married woman is allowed to say no. we get mrs. andrews' statement? she sign it? not yet. it's being typed. all right. well, let's talk to her and make sure she knows what the score is. are we doubting what happened or her commitment? well, i don't have his side of the story and this suspect is a cop so internal affairs is going to be all over this. i just don't think his badge should cushion the blow. have you ever rubbed iab the wrong way? no, i never had the pleasure. then do it my way. you two-- canvass the neighbors get some background on the happy couple. john, you and yourartner have a chat with the missus. i will apprise the powers that be.
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d we didn't follow standard op we're going to get buried in it. oh, that's going to happen regardless. there's no smoking in government buildings. please read your statement carefully, then sign it. where's your husbandight now? every day he plays pick-up ball with some cop friends before his shift. before you put pen to paper i want to hear it again, in your own words. why? you're going to have to get used to telling your story. are you married? no ma'am. i know you're not. who'd have you? are you always this pleasant? meaning i got what was coming to me? fin: that's not how i see it mrs. andrews. nobody deserves this.
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i just don't understand. i've seen him get crazy, but never like this. we fight, we make love... i almost don't believe it myself. maybe he thought you were making up. is that possible? a choke hold is not foreplay for me, detective. and a pot to the head turns him on? you're not going to do a damn thing to him. not a damn thing. if your story holds up i'm going to have to arrest him, mrs. andrews put cuffs on him, process him and lock him up in a cage. i just want to make sure you understand that. what do you take me for? i wasn't expecting company. what's this about? we wanted to ask you about your neighbors next door.
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do you know the andrews? who? stabler: ey live on the first floor. mrs. andrews, she's about 5'5," 110, blonde hair and mr. andrews is a cop. oh, you mean the springers. no, we mean the andrews. people around here barely want to make eye contact so you can forget about introductions. they're the springers to me-- better than the show. i take it that means that they fight a lot. every day. sometimes the cops come. he pulls them aside, then they leave. i always wondered if he paid them off. did they fight this morning? he left the house, trying to get away from her. she came to the door and threw a pot. that woman's got a hell of a aim. did you see him strike her? no, but he turned around and snatched her inside. did you see or hear anything else? uh... no.
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gentlemen. detective santiago; my partner, detective howard internal affairs. nice to meet you. just give me the word. is it mine or do i kick it to you? howard: oh, we're not equipped to deal with sex crimes. have a nice day. you know, i'd be sore, too. i'm not following. we know iab used you to bring down your mentor. we just want you to know those were the old days. that is truly comforting. santiago: we're not here to grind your wheat. just do us a favor-- take it slow and easy. finesse and kid gloves. since when does iab care about finesse? come on, give us break. the guy's not on the take, skimming drugs or pimping on the side. isn't it enough that we kiss their collective pc ass? what's next, castration? we marry them just to have it available.
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okay. thanks. we got four domestic disputes at the andrews residence. dispo'd at the scene; no arrests. same uniforms, clarkson and powell. are they on tour? d st signeout for a break. no arrests, huh? nope. have a nice day. powell and clarkson? officer: so the groom's mother goes up to the bride's mother and asks "why is the bride smiling?" because she never has to get on her knees again. old joke. do you mind? detective benson, i'm detective stabler, svu. we want to talk to youabout the dirs at the andrews place. uh, right, nothing to it. handled at the scene each time. the last one out, we told the sarge if it happened again, we'd have no choice. why? well, four times is three times too many. you see abuse, you take action, right? he's a fellow officer. he asked a favor. we gave it. so you look the other way no matter what? is that in your cop manual 'cause it sure as hell ain't in mine. what gives? you didn't do your jo
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and since it rolls downhill, i figure you're next. sarge and his wife fight-- loud and hard. the names they call each other i wouldn't say to a hump in the back of my cruiser. it blows real hot, then it's over. besides, if we really wanted to do him a favor we'd run his old lady in, no matter what he said. ok, wait a minute. you're telling us that his wife's the abuser? don't know if i'd say that but when she gets ticked off she likes to throw whatever's handy. cragen: well, how real does it look? well, it's hard to say. break up to make up. the wife's a bit of a bruiser; andrews seems to be handling it. by raping her? i'm not a fly on their bedroom wall. well, that's too bad 'cause what's this cop going to say when we ask? "i raped my wife. please, put me in jail." why don't we let ada decide, huh? well, it looks like she might not have to. for the first time in my career iab acts like they want to flush it. so either there's some other agenda or this could come back to bite us.
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i don't think we can without some sba lawyer turning him into a deaf mute. any other ideas? well, if it's not official, it's not going to hold up. well, i'm not looking for a confession, elliot. i just want to get a read on this guy before he gets wise. man: all right, take it up, it's all you! yeah! who's next? lloyd andrews, homicide. hi. hi. cesar vasques, out of vice. danny tatum, he's one of mine. what's happening? elliot stabler, svu. sex crimes. i hear that's a tough gig. yeah, man, i hear they rotate you guys out every two years. is it really that rough? well, homicide's no picnic either, right? ah, a body's past caring whether you close the case or not. live victims are needy. it takes a real strong cop to suck it up. okay, two on two? yeah. good. you're on my team; take it to the hole. let's go, guys. what the hell was that?
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there's no fouls on the blacktop. what's the matter? can't you take it? andrews: hey, come on, guys. let's play ball, huh? your ball. ( groans ) andrews: oh, knock it off. come on, come on, come on, move! calm down, man. knock it off knock it off. ok, what did i miss? tatum's trying to give you a message, all right? but i don't operate that way. he and i will have words later. you okay? i guess i don't understand his language. don't you? all right, why don't you spell it out for me? i'll tell you what... you can ask me all the questions you want after the game. questions?
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stabler: and maybe the guy was telling me what i wanted to hear but he seemed pretty genuine to me. was this before or after his goon kicked your ass? andrews did know that we were looking into him. okay, yeah, well... munch: so his partner got overly enthusiastic. andrews stepped in and saved the other eye, didn't he?
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a little history first might helpour case. so all we have thus far is a physically abusive woman crying rape. is that the gist? what motive could she have for saying that her husband raped her? a pending divorce, for one. you don't have to worry about fighting over which half you get when the mate you hate's locked in a cell. we already checked that-- no papers were filed. all she has to do is wait. we get rid of him for her, then she files. ( phone rings ) what? yeah. we're on the way. a unit was dispatched to the andrews residence. assault with a deadly weapon. a mr. parker called it in. patricia: you touch me again i'll cut your pig heart out! why aren't you in jail? get away, you stupid bitch. i should wait till you sleep and set you on fire! you better kill me or i'll do you without leaving a mark! you freak! hey, come on! whoa, whoa... come on! ( patricia grunting ) get off of me! hey, hey, take it easy! i'm taking her in! i've got it from here.
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listen, this isn't helping you at all. let's go, let's get up here okay? all right, just take a breath. calm down. why isn't he in jail?! benson: calm down. ( car door closes ) you again. what is it this time, or do you answer dirs now? i'm going to need you to come on down and answer some questions. i think i need a lawyer. yeah, i think so, to you call this finesse? i've had calls from the brass wanting to know did i orchestrate an undercover operation with svu and the press has already gottena whiff of it. what kind of mickey mouse club is this? you see, actually, i hate that little black rodent. now, dick tracy-- that was a club. you got this greatecoder ring and a really cool watch. are you going to say something, ms. cabot? like what? protocol. like if you're charging the sergeant with rape. like if you would rein in your squad and if you could be so kind as to keep us informed as to status. very well.
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prior to his making a formal statement is premature. am i sweeping it under the rug as you would prefer? no. and i strongly advise you to discontinue obstructing this unit from doing its job or i will be more than happy to file charges naming you and your partner as co-conspirators. iab is here strictly in a supervisory capacity. not anymore. you may consider yourselves officially updated. let the record show that i will not talk to you without my lawyer. okay... interview's over. all right, all right, but maybe we should clear this up so we can all get back to work. look, your wife already told us what happened so now we'd just le to hear it from you. what did she say? that you raped her. now before you deny it, let's just sit down and go through the sequence of events, okay? all right, fair enough.
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i come home, i'm tired, right away she starts in on me. she swears that i gota piece on the side. and do you? yeah, so...? so, why do you think she'd accuse you of rape? doesn't take a genius-- she's pissed. you know, it's always something with her. either i don't love her or i smother her. look, you guys figure it out 'cause she's driving me nuts! well, divorce is a hell of a better option than rape. i did not rape my wife. ...and he comes sauntering home like nothing happened. so, why'd you stay there? where should i go? it's my house, my things--i did nothing wrong. you cut him with a kitchen knife and you threw a baton into the crowd. i was scared when he walked in like that. you know, i thought he was in jail. you got anybody you could stay with-- family, friends? well, you said you would arrest him, so what happened? i walked away. things were getting out of hand, tempers were hot. so what does this freaking cow do? she hurls a pot and nails me with it.
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you grabbed her and went back inside. i sure as hell did. so that's when you raped her? nice try, but no. i started packing her bags. that lease is under my name. i'll be damned if i'm going to let her run me out of my house screaming, threatening me with kitchen utensils. what does that mean-- threatening you with kitchen utensils? she came after me with a knife, i disarmed her. and how'd you do that? standard academy move. come on guys, don't you get it, huh? she's crazy. patricia hasn't been right since we found out she can't have kids. .and that's when our marriage started to go south. so why didn't you file for divorce? i love him. i want counseling. he won't go. but he'll have to after the trial, won't he? i mean, they'll make him. if he's convicted. we're not even sure we can charge him. well, who gets to decide that? her name's cabot. so, let me talk to her.
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he raped me. andrews: we made love. did you hold her down? did you use a choke hold to control her? i don't touch my wife like that, ever. i know that i could do some serious damage. besides, i'm the guy with the battle scars. but you do know how to do her without leaving a mark. isn't that right, sergeant? it's your call. cut him loose. we don't arrest him now, we send a message to every wife that if she's raped by her husband she better get beat up, too. book him. what do you want me to do about it? let a jury decide who they believe. i don't even have enough to get past the grand jury. alex... walk him. you have business here? yeah, captain, i do. is my sergeant pinched? that doesn't concern you. look, i don't know who you work for, but in my department we watch out for each other.
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well, i enforce the law and the only thing i ride is any hump who breaks it. feeling wood for my buddy? i am now, cheap shot. get out of my squad room before i lodge a complaint with yr lieutenant. who do you think sent us over here? is he charged or not? he's free to go. sarge. i want my wife charged with assault. lloyd? right. do it. how can he do this? i don't know, but i'll ask him-- count on it. come on. come on, let's go. if you're trying to be a little better... things just got a whole lot better.
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you mind? i told lloyd i would quit. now's as good a time as any. it's a bad habit, although some are worse than others. my wife has some pretty foul ones. i thought you weren't married. my soon-to-be ex calls me often with requests for money anupdates on the status of our uncoupling. you hate her. that would make it too easy. we're not together anymore, but we still fight. only now i'm not there for the tantrums. so you bust my chops 'cause i remind you of her. no. i just don't like you. ( wry chuckle ) well, at least you're honest. so what are you doing here?
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how you holding up? i'm all right. i'm a little wried about lloyd. never underestimate the generosity of women. my husband likes to work midnights so he doesn't have to sleep. one time iame home and lloyd was in the kitchen scrubbing his bullets in the sink... his gun laid out on a towel. is there anything you need? yeah. would you drive by my house and check on my husband? just to make sure he's okay?
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file number 248957 people v. patricia eileen andrews: assault in the first. we'll waive reading, your honor, and enter a plea of not guilty. the people waive bail and request ror. you're feeling awfully generous, counselor. the extenuating circumstances call for compassion. those aside, the defendant exhibited a serious lack of control towards police and emergency personnel by tossing a baton into the crowd. it was an isolated incident. we do not regard the defendant as a danger to herself or to others. i assume defense counsel has no objections. none, your honor. if the people wish to do my job for me who am i to argue? well, however lightly our ada may take the endangerment of city personnel i do not. $10,000 bond; post wh the clerk. ( pounds gavel )
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this andrews business. how's it going? well, it's likepulling teeth and i sure as hell could do without all the pressure that goes with it. i'm afraid it's business as usual. you'll sort it out. actually, i called you down here on another matter. it seems that one of your detectives is filing a discrimination suit against the department. jeffes. the papers were delivered first thing this morning. legal's going over the complaint for merit. and nobody's happy and you want me to talk to her. unofficially, yes. no one at one police plaza can talk to her without complicating the issue. well, i don't see how i can do anything. she's angry and i didn't realize how angry till right now. prior to this dispute did you have a good relationship with this detective? yes, i believe i did. but now you're not so sure? don, i don't think it's personal.
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she just wants back in the field. well, then, we have a problem, sir because i don't think we can fold on the issue. well, talk to her... as a friend. and if that doesn't work? make it go away, captain. guess who just paid patricia andrews' bail? her husband. got a call from a buddy in processing. i smell a recant, counselor. fine. let's see how cute the sergeant plays it when i get him on the stand. i thought you were dropping it-- not enough for a grand jury. i was until the sergeant had his wife arrested. he pays her bail, looks suspicious. that i can sell. i didn't know women got into whizzing contests. invite mrs. andrews down for a chat. i think it's time we cleared the air. cabot: did your husband or any of his friends on the force threaten you, mrs. andrews? no. i just don't want to go through with it anymore is all.
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my husband could go to jail over a misunderstanding a petty marital spat. i can't live with that. it seems strange you would change your tune so easily after singing the "he raped me" song to anybody who would listen. i was mad. wouldn't have anything to do with your husband dropping the felony assault charge would it? no. who paid your bail? 's a good guy. really. accoing to you, your husband's a first-class arrogant jackass who put you in a choke hold and took what no man has a right to. and he apologized for that! you know, all i ever wanted was for him to put himself in my place. you know, he's never really said "i'm sorry" about anything. this was genuine. what d he say, exactly? he said... "i'm sorry i raped you, patty. it is unforgivable."
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those were his exact words? yes. so you see why i have to drop this, okay? i feel like we're starting over. for the first time in our marriage he's trying to feel my pain. you can't make me change my mind. i love him. he admits it and you respond by trying to recant. that's not love, that's psycho. think whatever you want. you know, i'm not crazy enough to lose my husband just 'cause you want to believe me now. can i go? hmm. well, i can charge her with filing a false police report
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is charge her with felony assault. you just want to put somebody in jail is that it? no. i want to force her hand a little. well, i don't see andrews re-filing just to make your day. well, he won't have to if we can find another witness to the attack. i heard them fighting, so i called the police. i didn't see anything. we were told it was assault with a deadly weapon. the only way the dispatcher could have known that is if you told her so. sergnt andrews won't find out it was me? not a word you say. now, did you see the attack? she had a knife; she cut him. assault two, ms. cabot? you'reeaching. not at all. your client cut her husband. i've got the knife, her prints and a witness. that's three years in bedford hills, and trust me it is not the country club setting it sounds like. what happened to compassion? motive for the assault was fear of reprisal.
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tell you what. i'll bump it down to assault three. that'll shave 18 months. what do you want? i want an indictment for rape in the first degree and the only way i'm going to get it is with your client in front of a grand jury. this is blackmail. no, mrs. andrews, it's the law. we're busy. in my pocket is a warrant for your arrest. don't make me mirandize and cuff you in here. hold these for me. what the hell is going on here?
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evidently not. you want to get out of my way?
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bailiff: file #25527: people v. lloyd david andrews. one count of rape in the first degree one count of sexual misconduct in the first degree and one count of sexual abuse. how do you plead? not guilty, your honor. the people ask that bail be set at $50,000. ( officers protesting ) quiet. this is a venal attempt to further smear my client whhas ties to the community. he's a respected member of new york's finest and would like nothing but his day in court to answer these specious accusations. we ask that he be remanded under his own recognizance. your honor, this is a heinous crime. the people are not prepared to send the message that officers of the law get a free ride. you are not a messenger, ms. cabot so save your button-pushing for the trial. entea plea of not guilty
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the people ask for an order of protection and that the defendant surrender all weapons. so ordered. let's talk. sex abuse one, three years. let's not fight. submit your congratulations and be done with it. don't be hasty, sam. i'm offering to drop this to a "d" felony. you obviously don't gamble. you don't fold a winning hand. my guy is walking away from this unscathed. i'm just trying to save us both some time. all you've got is a bitter wife. you put her on the stand, the recant goes in the record along with her witnessed physical attacks on my client. why are you fighting this? because he did it. and he doesn't deserve his freedom and he doesn't deserve to wear a badge. when did he confess exactly? a few days ago... to his wife. privileged. where's your case? in the courtroom, in front of a jury. didn't i tell you? we're going bench, not jury. come on, alex. don't be a sore loser. drop the charges and send the kiddies to counseling
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no. for the egg on your face? cabot: do you recognize this internal report, detective munch? yes, it's the report of an interview conducted with the victim, patricia andrews. you were present at the time. what was the purpose of the interview? mrs. andrews urgently wanted to drop the rape charges against her husband. did mrs. andrews actually say her husband didn't rape her? no, she did not. so it is your testimony that the victim came into the precinct to drop the charges and clear her husband but never refuted what happened. is that correct? she said that her husband apologized for raping her and that that was the first time in their marriage that he had done so. objection. "she said, he said." it's double hearsay. exception to hearsay. the defendant admitted to the felony. it's a statement against penal interest. why would lloyd andrews a 20-year vet in the homicide division admit to guilt if he didn't do it?
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by telling it to a third party, it becomes hearsay therefore no privilege exists. the exception is granted. overruled. nothing further. cabot: you threw a pot from the stove. was it still hot? no. i didn't want to hurt him. what happened then? he grabbed me the back of my head and dragged me into the house. cabot: go on. then we fought some more. was it physical? i kept hitting him and... he'd push me back and... i'd hit him some more and... did he rape you? i don't know. didn't you say he slammed you against a wall
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didn'tou state that you almost lost consciousness? didn't you tell police that he pulled your pants down removed your panties, and raped you? is that the truth, mrs. andrews? i suppose. yes or no? yes. cabot: nothing further. mrs. andrews, did you go to the police and recant? i did. and we you facing assault one charges and did ms. cabot offer you a deal in exchange for your testimony? yes. then why are we here? objection. withdrawn. mrs. andrews, didn't you decide to drop the rape charge after your husband dropped the assault charges against you? that's not how it was, you bitch. you're twisting everything around! ( bangs gavel ) watch the language. in fact, didn'you suddenly have a change of heart after having a long conversation with your husband? judge: answer the question
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yes. andrews: we've been married for five years and for the most part, we've been pretty happy but lately it's been hell. how many times have the police been called to your residence? four. my wife loses control. she's the batterer, mr. andrews. why have you been protecting her? i love her. i couldn't see her get locked up over something that's my fault. she's the one who throws heavy objects. she grabs the knife and attacks. why is it your fau? i haven't always been the best husband. i've cheated on her. i don't always come home. i wouldn't, either. withdrawn. did you force your wife to have sex with you? no.
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or in any way touch her with excessive force? no, i did not. since the physical evidence bears witness to that why would your wife accuse you of such a despicable crime? i had promised to cut off a yearlong relationship. i didn't and she found out about it but i've since stopped seeing the woman. i love my wife. then why would you apologize for rape if you didn't do it? my wife can't let anything go. she's got to be right, always. i'd rather lie and tell her that i'm sorry for something that i didn't do than fight about it for the rest of my life. i just want some peace and... i don't know a husband in the world who doesn't. nothing further.
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you could "do her without leaving a mark"? that's not what i meant when i said that. let me remind you i can call any number of city personnel who wiessed this statement. did you or did you not threaten your wife with bodily harm? that heifer told me that she was going to torch me! what the hell was i supposed to say? that heifer is supposed to be the woman you love? ( knocking ) sexual misconduct and he's out of a job. don't be ridiculous. you haven't won. i'd say i've evenedthe odds considerably or you wouldn't be here. deal, alex. at least concede that these two people should never be married
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that's not my concern. well, it should be. hell of a railroad job on what he said in the heat of the moment. got me thinking about the fights with my wife what people might say. sometimes i want to kill her. if she dies, then you've got a problem. "d" felony, still on the table. three years-- he'll be out in one. with a sex offender tag dragging him down the rest of his life. ( diusted sigh ) ( knocks ) you wanted to see me, captain, so here i am. have a seat. if you don't mind, i'd rather stand. i have a feeling i'm not going to like what i hear. it's not official...
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now, i know these last coue months have been difficult for you. i know you think we're the enemy. so this is about my lawsuit? have you thought this through? the politics and the stink-- how hard they're going to try to make this for you? has that crossed your mind? the only thing on my mind is theresumptuous attitude about my private life. what i do on my own time is not fodder for this department. this unit isn't like any other in the department. not all the same rules apply, jeffries. you know that. no, all i know is that when it hit the fan, you ducked. you're my responsibility and you're an integral part of my squad. i did not agree with their conclusion but i did agree that you need help. what does my personal life have to do with my work or the way i do it? the way i see it it's the equivalent of you trying to eat your gun
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well... then i don't think we have anything left to talk about. judge: will the defendant please rise? there is no doubt that spousal rape exists. there is no doubt th a wife holds the same protection under the law from her husband and any other male acquaintance or stranger with regard to her own body. but how does the law determine if a rape actually occurred within a relationship defined by its very nature as normal sexual intimacy? unfortunately, it cannot, nor should it
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therefore, in the matter of the people v. lloyd david andrews, the defendant is hereby found not guilty of one count of rape in the first degree not guilty, one count of sexual misconduct in the first degree not guilty, one count of sexual abuse. the defendant is free to g ( pounds gavel ) well, that was a colossal waste of time. i couldn't disagree more. well, forget about the wasted man-hours or even the taxpayers' money-- you lost. where's the victory in that? i am the only ada to get spousal rape past the grand jury. i may not have won but i changed the climate so somebody else can. on the other hand the only thing you may haveroven here today is that women are still chattel.
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it's a little prature, don't you think? i thought a narc hotshot like you would be worth at least 60 days. they're not mine, captain. i guess jeffries didn't want to leave her gun unattended. ( sighs ) i'm sorry. [captioning sponsored by studios usa television and nbc captioned by the caion center wgbh educational foundation] ( sighing )
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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 storie
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