The Accused (1988) Script

Birchfield County Sheriff Emergency.

I'm reporting a girl in trouble. May I have your name, please?

Listen, a girl's in trouble, okay? It's the Mill, the bar on Mill Road.

Sir, I must have your name. Listen to me, goddamn it!

Stop!

There's a rape! Three or four guys. I don't know. There's a whole crowd!

I will send someone down. Send somebody!

Raise your chin.

What kind of contraceptive do you normally use?

IUD.

When was your last period? Show me your hands, please.

Ten, twelve days. Bad cramps.

What's your usual cycle? Turn around. Raise your gown.

Twenty-six, twenty-seven days.

Are you gonna examine me?

Your leg. I need some more history first.

Your leg, please.

Before the incident, when was your last intercourse?

Turn around, lower your gown. A while.

Can you be more specific? Please lower your gown.

Two weeks. Are you sure?

Yeah.

Sarah, have you ever had a venereal disease?

I'm Carol Honnicut from the Rape Center.

Is there anyone you'd like me to call?

Well, I'm here to help... so if there's anything I can do, let me know, okay?

Try to relax.

You're tensing. Easy.

Breathe deeply for me.

Easy.

One more. Hold on.

I'm gonna comb for hairs, Sarah. Not yours. Theirs.

Now, let's get you down.

I want to scrape under your nails in case you scratched one of them.

Sarah, this is Kathryn Murphy.

She'll be the deputy district attorney for your case.

You can take a shower now, and a douche.

The ladies room is down the hall and on your left.

I brought you something to wear.

I hope you don't mind gray.

You got any mouthwash? Sure.

A lot of alcohol. Legally drunk.

And grass too. What else? What difference does that make?

She was raped by three men. I'm not a rape counselor.

I'm a prosecutor, and I have to make a rape case.

Then go prosecute.

I'll wait in the supervisor's office.

Murphy? 101.

Thank you.

I heard somebody screaming, and it was me.

Sarah, this is Detective Duncan.

Dunc. How you doing?

Would you recognize any of the men?

The Mill is still open. We'd like you to go over there with us... and see if you could make a positive ID.

We'd be right there with you.

If you want to get them, I need your help.

Yeah.


Do you recognize any of your attackers?

Let's go.

The guy in the yellow T-shirt.

Check the back room.

The one in the vest.

Are there any others?

John, could you take her out to my car, please?

I'll be there in a minute.

I'm Kathryn Murphy, deputy district attorney in Birchfield County.

We have a report of a felony committed on these premises.

Felony? I have a signed search warrant.

This is Detective Duncan. He's in charge of the investigation.

Want to turn down the television so we can talk in peace?

Hey, Polito, how are you doing?

Didn't think I was gonna see you for a couple of years.

The college one wasn't there.

Kurt, Danny and the college one.

My girlfriend Sally was there.

Bob's the college one. Bob. Did you go to college?

Oh, yeah, you're a lawyer. Of course you went.

Turn right here.

Listen, maybe you should just leave me off here.

You know, 'cause...

'cause he's probably asleep.

He likes to get stoned, listen to music and fall asleep.

You okay?

Yeah.

My eyes hurt.

Are you married? No. Are you?

My ma was married for ten years, but he left when I was born.

Are you into astrology at all?

No. No, I'm not.

That's too bad. I could do your chart for you.

When were you born? 1959.

I sure hope I can wake him up.

You want me to come in with you?

Can I ask you a Question?

Does my face look really bad?

He likes to touch my face.


I wish I knew what to say.

What?

I said, I wish I knew what to say.

Want to take a drive?

Get some air. Go out.

I'll be back in a while.


Hi. It's me. Sarah?

It's awful late. Is something wrong?

No, nothing's wrong. No special reason.

I just figured I'd say hello.

You lost your job?

How's Amos?

Gone. Already?

Thanks a lot, Sarah.

I wasn't making fun of you, Ma.

Are you calling for some money?

No, I don't need any money. I was just thinking...

I was thinking maybe I'd drive out. Maybe I'd come out for a week or so.

You're in trouble, right?

No, I'm not in any trouble, Ma. I just figured...

I'm going away.

Where? Florida.

That sounds like fun.

Listen, Ma, you have a good time, okay?

Hey, how's Sadi doing?

She's fine. I just got her a new flea collar, so...

Will I talk to you soon?

Yeah, real soon.

It's kind of expensive to call. That's why I don't...

I've got to get up in two hours.

Yeah, all right.

You go back to sleep, Ma.

You take care.

Bye. Bye.

It's the one in the green sweater. The green sweater.

All right.

All right.

Back up, boys, just a second. County sheriff. Your name Bob?

Put your hands on the car. For what?

Because you're under arrest. Put your hands on the car.

For what? Put your hands on the car!

"You have the right to remain silent.

If you give up the right to remain silent... anything you say, can and will be used against you in a court of law.

You have a right to an attorney during Questioning."

Paul, call my dad!

"If you can't afford an attorney, one will be appointed to you.

You have the right to make one phone call."

Do you understand the rights I have just read to you?

Yes. Fine. Join us.

We expect to indict for first-degree felony.

My client has no prior record.

In a crime like this, there's a risk of the defendants fleeing.

Your Honor, my client... Release him to his family.

This is a crime of extreme violence. The victim has safety concerns.

$ 10,000 each.

Could I have a glass of water, please?

She's not moving in. It's only two days.

That's what you said last time, and she was here for three months.

Miss.

I ordered this well-done. It's raw.

I'm sorry. I'll have it for you in a minute.

Yeah, and I asked for some ketchup.

I'm just going a little senile today.

Three men accused of raping a woman at a local bar... were released today on $ 10,000 bail.

Lawyers for the accused men expressed confidence... that the facts of the case will reveal... that the young woman was not actually raped.

Our defense is simple. There was no rape.

The so-called victim consented to all of the alleged acts.

She put on a show, pure and simple.

Thank you, Marcia.

The on-again, off-again debate... between the five candidates vying for the council seat... of Daniel Fine now appears to be on again.

Representatives for the candidates met four hours behind closed doors...


All right. Bye.

Who is it? Kathryn Murphy.

Why did you let them out on bail?

I didn't let them out. It's standard procedure.

Until a jury finds you guilty, you're free if you can post bail.

The guy on the TV made it sound like I did a live sex show.

That's not the last time that that's gonna happen.

May I come in?

Oh, yeah. Come on in.

Sadi, shut up.

The bartender at the Dugout said you were sick.

You went looking for me?

Well, I had to go to the doctor, and nobody at work knows.

Come on, Sadi. You want a seat?

Would you like something to drink? I could really use a drink.

Thank you, no.

Just to smooth out the edges a little bit, you know?

Listen, what time were you born?

I already told you I didn't believe in that astrology.

Oh, so what? I do. What time?

At night, 7:00, August 9. Oh. Where?

Portland. Do you always drink to smooth out the edges?

Sometimes I'll take a hit of pot. Why? You want some?

Did you have anything to drink before you went to the Mill?

Or smoke anything?

Half a joint, a couple beers. You know, nothing heavy.

And while you were there? I don't know.

I mean, I wasn't falling-down drunk or anything.

How were you dressed? What's that supposed to mean?

It means were you dressed provocatively?

Showing a lot of cleavage? See-through blouse?

What difference does it matter? They tore it off me!

Did how you dress make those guys think they could have sex with you?

Did how you dress make those guys think they could have sex with you?

Did you put on a show?

What the hell are you talking about? You saw me at the hospital!

You think I asked for that? Is that what you think?

If that's what you think, you get the fuck out of my house!

Why didn't you tell me that you had a record?

Fuck you!

I ain't got no record.

You want to tell me about it?

All right.

I was helping my girlfriend move with a U-Haul.

We were going through Jersey, and we ran into this cop.

He sees we got a busted tail light, and he pulls us over.

He starts looking through her desk and stuff she's got in the back... and he finds a half gram of coke.

It was her desk. It wasn't my stuff.

So why is it still on the books? I don't know. You tell me!

I mean, my record was definitely...

Expunged? Yeah, expunged.

Have you ever made love to more than one man at a time?

What the fuck kind of Question is that?

It's the kind of Question you're gonna be asked on the stand.

You're also gonna be asked if a man has ever hit you and you liked it.

You're also gonna be asked about your drug bust... and how many drinks a day you have to smooth out the edges.

And how many joints.

And how often you go to bars alone... and whether or not you wear underwear when you go to them... and which diseases you've caught and how many abortions you've had.

And I will object to all those Questions.

And sometimes the judge will sustain me, but sometimes not.

That ain't fair.

You're a witness, and it's the defense's job to show the jury... that you're a rotten witness because you've got a rotten character.

I got a rotten character?

You ain't gonna defend me because I'm some low-class bimbo?

I didn't say that.

Will those bastards go to jail?

Is that what you want?

I want those motherfuckers put away forever!

Sarah said that you were here with her that night.

Yeah, I was here, but I didn't see what happened.

But if Sarah says she was raped, she was raped.

Can you identify any of the men who assaulted her?

No. I was out there.

There were a bunch of guys blocking the door... so I really couldn't see.

It was the end of my shift, so I left while she was still here.

Do you know any of these guys?

There's a bunch of them that were real rowdy.

You know, yelling, clapping.

I really just thought she was partying, you know?

Well, is there anyone that you can identify?

Like how?

Did you notice anything different about any of them?

Let's say long hair, beard, moustache?

Birthmark, bandana, jewelry?

Scar, tattoo? Tattoo, yeah.

Well, can you describe it? A scorpion.

This one guy, he had a scorpion.

How many drinks would you say she'd had?

I don't know. She was pretty loaded.

She'd just had this big fight with Larry... the guy she lives with...

She just needed to cool out a little.

What do you know about Larry?

Not much, except he's an asshole.

I mean, he says he's a musician, but he's just a dealer.

And he rides a motorcycle.

Come on, man, give me a break. These guys are my bread and butter.

You didn't see anyone else?

Some kid I never seen before played one of the video machines all night.

Who was with him? Nobody I saw.

I'll tell you what, Jesse. I'm gonna inform the state liquor authority... and tell them how you kept serving up booze... while a violent felony was being committed in your back room.

Ready? Thanks, Jesse.

We'll talk.

I need these by 11:00. See you tomorrow.

Is he free?

Game time. Let's go.

Hang on just a second. I don't believe this.

I really don't believe this. Tina!

Where the hell are the tickets? Gave them to me to hold.

How are you doing on Tobias? We'll talk about it at the game.

If Charley calls, I'll be home after 11:00.

Hey, ref! Cross-checking! Open your eyes, will ya!

Take him out, Donovan! Take him out!

You two, play hockey! Did you see that? Thanks.

Thanks. Now, if I take it to trial, they'll destroy her.

She walked in there alone, she got drunk, she got stoned.

She came on to them. She's got a prior for possession.

That's inadmissible. Penalty.

Sure, it's inadmissible, but they'll ask her about it.

I'll object, the judge will sustain it, but the jury will hear it.

She's a sitting duck. I read her Q and A.

Gang rape on a pinball machine. It's an ugly case.

Is it winnable?

We understand that you love to win... but I can't let you dismiss just because you don't have a lock.

A lock? I don't have a case.

Her girlfriend didn't see anything. The bartender didn't see anything.

The others didn't think anything special was going on.

Now, I got Polito... but the minute the defense brings up that he's on probation... they'll know that we squeezed him.

What about the guy who reported it?

I have his voice on tape... but we don't know who he is or where to look for him.

Well, do you believe she was raped?

Yes, but I can't win it.

But they can't walk. So make a deal and put them away.

A deal with what? You got enough. Go for rape two.

So, any felony, as long as it's a violent one... assault... coercion, reckless endangerment, menacing...

I can't do that. You said she was raped.

So make a deal and put them away.

I don't care if they only get six months, just make a deal.

You understand, Mr. Polito, that you'll be testifying... before a grand jury and at a trial?

Yeah, I got that.

And you realize that you'll be testifying against acquaintances?

Yeah.

Have I or anyone in the sheriff's department... or anyone in the district attorney's office... offered you any inducement to testify?

Money, gifts, anything?

Thank you, Mr. Polito.

Well, he's just a taste. The bar was filled with witnesses.

We know who they are, and we anticipate that they'll all testify.

Anticipate? A hundred says you'll have to drag them into court.

Another hundred says they'll be useless because they were too drunk.

Whatever you say.

Keep in mind that we don't need corroboration to prove rape.

And we do have medical evidence... No doubt about penetration... and physical evidence... no doubt about force.

What will you take? Rape one.

We were thinking more in the line of, say, sexual abuse two.

Rape one.

Maybe I could convince the judge not to give them the maximum.

I'd rather go to trial. Fine.

Oh, by the way, no separate deals.

One goes to trial, all go to trial.

What would you say to sexual abuse one?

I'd say rape one.

Kathryn, cut the crap. This guy Polito looks like shit.

If you had anybody better, you'd have shown us his tape.

And your complaining witness... She walked into a bar... got loaded and stoned and did everything but yank their dicks.

No jury will buy her. What would you say to rape two... with a recommendation for one year?

I'd say go to hell.

Are you sure you're in a position to be Quite so adamant?

A rape trial... Is always a gamble.

I agree, Mr. Henley, and I know your reputation.

But look at these photographs!

This is what the jury will see, and they'll see the girl too.

And you can't tell it from these, but she's tiny.

She's the most defenseless-looking thing you ever saw.

If we go to trial and you lose, I'm gonna ask for 15 to 25... and I'll get it.

Eighteen months. Stop dancing.

What's your best offer?

Two to five, rape two.

With luck, your boys will be out in nine months. That's a gift.

On one condition. I'll accept that on behalf of my client... if the formal charge is changed to one without the sexual element.

He's a kid of 22. He's an "A" student.

He's got a future. I can't do that.

He won't plead guilty to a sexual offense.

Assault? Coercion? Reckless endangerment?

Malicious... Reckless endangerment.

The theft occurred about 5:30 a. M... as the woman and her husband were entering their house.

Three men accused of raping a young woman at a local bar... pleaded guilty today to a reduced charge of reckless endangerment.

They were sentenced to two and a half to five years in prison.

Neither the district attorney nor spokesman for the defense... would officially comment on the plea bargain.

No explanation was given for the reduction in the charges... from rape to reckless endangerment.

A source close to the defense hinted that it was because... the young woman who was the alleged victim in the case... would not have made a strong witness for the state.

Oh, come on! You?

It was red. Red?

Where do you want these? There.

I think this looks raw.

Oh, shit! I'll get it.

Thanks.

Here we go. This is an experiment, so I want you all to be kind.

Excuse me!

You double-crossing bitch! You sold me out!

Did you see this? Is this what you did?

Excuse us. I wouldn't make a good witness?

I'm too fragile. My past is too Questionable.

I'm a drunk. I'm a pothead, a drug addict!

I'm some slut that got bounced around a little bit in a bar, right?

So I didn't get raped, huh? I never got raped?

Of course you were raped. How come it doesn't say that?

How come it doesn't say, "Sarah Tobias was raped"?

What the fuck is reckless endangerment?

It's a felony that carries the same prison term as rape.

You asked me to put them away, and that's exactly what I did.

Who the hell are you to decide that I ain't good enough to be a witness?

I'll bet you if I went to law school and I didn't live in some dump...

I understand how you feel. I did my best.

You under... You don't understand how I feel!

I'm standing there with my pants down... and my crotch hung out for the world to see... and three guys are sticking it to me... and a bunch of other guys are yelling and clapping... and you're standing there telling me that that's the best you can do!

If that's the best you can do, then your best sucks!

I don't know what you got for selling me out... but I sure as shit hope it's worth it!


Wow. What did you do?

That looks weird. I needed a change.

Hey, it's nothing heavy. It's just...

I'm not used to it.


Stop. All right? Stop.

When are you gonna get over this?

You'll have to snap out of this soon, 'cause it's getting boring.

Get out of here.

Fine.

Be back in a couple hours. No!

You get the fuck out and don't come back.

Shit, you can cut your fucking hair any way you want.

This is my house, and I don't want you in it.

Now, get out. Fine. I'm gone.


You caught me. I'm sorry.

This is gonna sound like crap, but I seen you somewhere...

You're right. It's crap.

I have seen you. You're a friend of Johnny Alworth's sister, right?

It was Duck Island. Last Sunday afternoon, softball game.

Your hair was different.

Yes. It was longer. Look, I live with somebody, okay?

I got it. Sorry. He's a lucky guy.

You sure you don't want to go out tonight?

Oh, I got a smile! Well, it's a start.

Hey, Sexy Sadi, what about it?

I told you, I live with somebody!

I don't mind. I'm liberated. I do. I mind.

I do know you, Sexy Sadi. You got me mixed up with somebody.

No. You're the girl from the Mill that night.

I remember Sexy Sadi!

I do know you! Am I right? Hey, Sexy Sadi!

I know you! Oh, do I remember you!

Hey, look, lady!


Hey, want to play pinball?


I've always paid my bills! I'm sick and tired of this!

There's nothing I can do. Come on.

I'm sorry. Come on!

I'm sorry about this.

But I do know that I did make the payment.

There's no records? The insurance company I paid.

I just can't find them. Well, my husband...

This is it. Come on, babe!

I'll phone you. Thanks.

You can go in now. Keep it short.

Thanks.


What happened?

"Want to play pinball?" What?

That's what he said. "You want to play pinball?"

He sees I'm a piece of shit.

Everybody figures I'm a piece of shit.

Why not?

You told them that. I never got to tell nobody nothing.

You did all my talking for me.

I don't get it.

I thought you were on my side.

You told me you were on my side.

Why did you do that?

Sorry, Officer, but it's been one of those days.

My insurance is no good. I pay all my bills!

My insurance is no good. I pay all my bills!

What happens? Come on!

I want to tell the officer.

I'm sorry, okay?

How's your head? Oh, great! Just great.

Honey, just wait here. I'll go get the car.

Excuse me, sir. I'm sorry to bother you.

What exactly happened?

Exactly, she rammed my truck.

I was minding my own business. She drove her car into my truck.

All right? Do you know why?

How do I know why she rammed me? She's nuts!

Do you know her? No, I don't know her.

She's a whore. Last time I saw her, she was doing a sex show.

Come on! You watched?

You bet your ass I watched. She put on a great show.

I thought she was raped. Raped?

She fucked a bar full of guys, then she blamed them.

Listen, lady, she loved it. She did the show of her life.

Come on, move over! Honey, do you think...

Next time she does another show, tell her I'll be there to cheer.


I'd like to report there's a girl in trouble.

Sir, may I have your name?

There's a girl in trouble at a bar on Mill Road.

Sir, I'm sorry. I must have your name.

There's three or four guys. I don't know.

There's a whole crowd.

There's an assault going on.

There's three or four guys. I don't know.

There's a whole crowd.

Send somebody, okay?


"Or otherwise attempts to persuade another person to commit a felony."

Please, I know about criminal solicitation.

But in this case, it simply doesn't apply.

It's not the statute's intent. Listen again.

"A person is guilty of criminal solicitation... if he commands, induces, entreats... or otherwise attempts to persuade another person to commit a felony."

You can read it to me till you're blue in the face.

I am not gonna let you prosecute a bunch of spectators.

They're not spectators. They solicited the rape.

Do you really want to ask a jury to lock up a bunch of people... for clapping and cheering?

Clapping, cheering, pushing, goading... getting the rape going and keeping it going.

What happens if you lose? You'll look like an incompetent.

If you win, you'll look like a vengeful bitch.

Either way, you hurt yourself and you hurt this office.

Now, drop it. You've got more important things to do.

No, I haven't.

You haven't got more important things to do... than go to trial with a sure loser?

What the hell has gotten into you? We owe her.

Owe her what? We put the rapists away.

I owe her. I see.

You want to spend my money to put a bunch of spectators on trial... a trial you'll lose, because you owe her!

You don't get to use this office to pay your debts.

I am gonna try this case, and you're not gonna stop me.

I'm not? Kathryn, you're an ace.

You've got a great future. Don't put it in jeopardy.

What are you gonna do, fire me? Go right ahead.

My first case will be a civil suit against the rapists... the solicitors, the bar and the state.

And I will show that Sarah Tobias wound up in the hospital... because this office sold her out.

I will subpoena your records, put you on the stand... and cross-examine you on every plea bargain this office ever made.

You go try your case! You have a good time!

Because win or lose, you're through!

What are you looking at? Get back to work!

I'd like to talk to you. May I come in?

We got nothing to talk about.

Yes, we... Get outta here!

Who the hell do you think you are? I have to talk to you.

Get out of my house. Will you listen to me, please?

I'm listening.

Sarah, I made a mistake.

Before I agreed to the deal...

I should have offered you the choice of testifying at a trial.

I can offer that to you now.

I found a way for you to go to court and testify that you were raped.

The case is over. The rape case, sure.

You made sure of that.

I want to prosecute the others. The ones who cheered and clapped.

The ones who made it happen. So you can make another deal?

No. I'm not gonna make any more deals.

If I prosecute the others, the rapists will stay in jail... for the full five years, and the rape will go on record.

The deal won't matter because the rape will go on record.

You really want to do that?

Only if you help me. I need you to testify.

I get to tell my story? Yes.

You alone now?

Yeah. I kicked him out.

While I was laid up, he came back to pick up all his stuff, you know?

What's his is his. What's mine is his.

Thank God he left me the radio. Anything I can do?

Yeah.

What?

No deals.

No deals.

No deals.


It's Kathryn Murphy.

Listen, I need your help again.

Hey, come on. Cut it out.

Are these yours? Let's play.

Go play someplace else now, okay? Come on, let's go!

Come over here. Okay, I'm coming.

I thought it was all over.

I'm gonna prosecute the ones that cheered it on.

You said of the guys blocking your view... that they were real rowdy, yelling and clapping.

Not the guys at the door. The ones by the pinball machine.

So you knew that they were yelling about Sarah?

Yeah, but they aren't the kind of guys you really want to mess with.

You know what I mean?

Listen, I'd like you to come in and see if you could identify them.

Oh, Jesus! They're gonna be right there, aren't they?

Yes. I don't know.

Let's make a date for you to come into to my office and talk about it.

Sally, she's your friend.

Number two.

Seven.

You positive?

Yes.

Number four, definitely.

Do you believe it?

You can go in now. It's down to the end of the hall to your right.

There's no purpose in meeting again, because I'm taking them to trial.

Well, good luck to you too.

Thank you for coming. It's okay.

There's no need for you to come. I figured she needs the company.

Would you mind waiting outside? Would you please hold my calls?

I'll wait outside.

Sally, why don't you have a seat right down here, okay?

I want to begin by asking you a few Questions... about the night of April 18th.

I'd like you to answer them as simply and honestly as possible.


A few. Maybe three.

I've seen her drink a lot more than that.

She needed to get loose. She'd just had this big fight with her old man.

And she goes, "I'm so pissed at him"...

'cause she's sure he's running around on her.

You mean sleeping around, right?

Right. Which I bet he is.

So we were sitting in a booth, and we were just sort of talking...

There were these two fraternity guys there.

And Sarah looks at one of them... Bob.

She goes, "He's cute. Who's he?" So we started joking around.

What do you mean, joking around?

Well, like what would be the best way to get back at Larry.

Like should she take this guy home and do it right in front of him.

You said that she should take Bob home?

No. She said it. She didn't mean it. She was just joking around.

Well, she'd had a few drinks. God, she didn't mean it.

I'll wait for you downstairs. Wait a minute.

I want to talk to you. What's going on?

I warned you... no secrets. I didn't keep any secrets.

She told me what you said in the bar when you met Bob.

Do you remember? Do you?

I said I'd like to take that guy home... and fuck his brains out right in front of Larry.

It was a joke. She can't be a witness for you.

In fact, when the defense finds her, she'll be a witness for them.

What other surprises have you got waiting for me?

None.


I'm sorry.


Is Jesse around?

No, it's his day off. Can I get you a drink?

No, thank you.


Mr. Joyce? Hi.

I'm Deputy District Attorney Kathryn Murphy.

I'd like to talk about April 18.

The night of the rape at the Mill. I don't know anything.

Yes, you do, Mr. Joyce. Do you wanna talk about it over here?

Sorry, I got a class. Your class can wait.

You were there. Your name is on the video machine.

I'm calling you as a witness.

Would you like to sit down and we can talk about it?

What do you want? You got the ones who did it.

I'm prosecuting the others... the ones who cheered them on.

I didn't see a thing.

Yes, you did.

You were in the room all night.

You saw everything.

Those other guys didn't do anything.

They probably didn't even know what was going on.

I mean, it was like a show. Big deal. They watched.

If you asked a thousand people, 999 would watch. It's no crime.

They did more than watch, and that is a crime.

You want to tell me about it?

Look, if you don't tell me now... you're gonna have to tell me on the witness stand.

Why? Why? This isn't my business. I don't care about this.

Yes, you do.

Birchfield County Emergency.

I'd like to report this girl in trouble.

Your name, please?

There's a girl in trouble at the Mill. It's a bar.

I must have your name. There's an assault. It's a rape!

There's three or four...

And arriving at the courthouse is Kathryn Murphy... the deputy district attorney in this precedent-setting case.

With her is Sarah Tobias.

This is our first chance to see the victim in the case.

Will you put Miss Tobias on the stand?

No comment. Who else are you putting on?

No comment. Are your friends gonna testify?

Son of a bitch! We hear you made a deal.

No comment.

What were you thinking when it happened?

Are you deaf, asshole? No comment!

You'll wait here for the officer. What are you doing here?

Moral support. Saw Whitewood having breakfast.

Seemed in a really good mood.

Good luck, Sarah.


Please come in.


Do you swear to tell the truth, so help you God?

I do. State your name.

Sarah Tobias. Please be seated.

Miss Tobias, on the night of the rape at the Mill...

Objection!

These men are not on trial for rape.

Your Honor, it is imperative that the jury understand... what was happening to Miss Tobias before, during and after the rape.

You may continue your line of Questioning, but be brief.

Thank you, Your Honor.

Miss Tobias, please tell us what happened that night at the Mill.

Well, my boyfriend...

My boyfriend and I had kind of a fight.

So I got in my car and drove to see my girlfriend Sally at the Mill.

I figured she'd be getting off work, and we could talk.

She works there?

Yeah. She's a waitress, just like me.

So, anyway, she was on a break.

We were sitting in this booth, talking... and this guy Danny sent over a couple drinks.

She knew him, so we took the drinks.

He sat down, and... we started talking.

And he was funny.

You know, he had a line.

So what happened next?

A bunch of guys went into the back room to play pinball.

So me and Danny went in and started playing with this guy Bob.

And after I finished my turn, I went to smoke.

You know, smoke a little pot.

And...

Somebody put money into the jukebox... and this song I really liked came on the jukebox.

So I started to dance.

And then Danny comes up... and he starts dancing with me... real close, you know, tight, close.

And then he kissed me.

I'm sorry, Miss Tobias. Could you please speak up?

He kissed me.

Did you try to stop him?

No. I let him kiss me, because I figured... he was drunk and stoned and that he would kiss me and leave me alone.

And then he... put his hand up my shirt and grabbed at my breast.

I tried to push him away, but he kept pulling me closer.

And he put his hand on my throat.

And he's a really strong guy, you know.

And the next thing I knew...

Please go on, Miss Tobias.

He was squeezing my throat with his hands... and he pushed me down on the pinball machine.

And he ripped my shirt.

He lifted my skirt.

He pulled down my underpants really, really hard.

I get...

I wanted to move... but he was holding me down really hard and he was jamming...

He was kissing me very hard... and he was jamming his hand up my crotch.

I heard a bunch of people yelling...

"Hold her down! Hold her down!"

And then the big guy, Kurt, held my arms down... and I could hear them yelling and clapping and cheering.

And then...

Danny put his hands over my mouth and over my face.

And I shut my eyes.

He was inside of me.

And then...

And then they switched.

I could hear them saying, "Frat boy, frat boy."

And then Bob was inside of me...

And there was all this yelling and clapping and laughing.

And then I heard them call for Kurt, "needle dick."

And then they switched again... and Kurt was inside of me.

They were yelling, "Kurt, Kurt, Kurt."

And there was... There was all this chanting.

Please continue, Miss Tobias. What did they chant?

Something, uh...

"Poke that pussy."

The room was full of people cheering this on?

Yeah. I kicked him. I kicked him really hard.

And I ran out into the road and...

This guy picked me up and took me to the hospital.

No further Questions, Your Honor.


Miss Tobias, my name is Ben Wainwright.

Now, I know this isn't easy for you... so I'm gonna ask you only a handful of Questions.

You have testified that all the men present were strangers to you.

You also testified that while you were on the pinball machine... that you mostly kept your eyes closed.

Is that right? Your eyes were closed?

Yes, sometimes.

Is it fair to say you can't tell us who applauded... or who shouted?

Is that fair? L...

Is it possible that only one person shouted?

No. There were different voices.

So at least two, then. Could it have been only two?

No. They overlapped.

Miss Tobias, you testified that you were assaulted by three men.

Is that right?

Yes.

Okay. Is it possible... I'm just saying possible... that the only ones who shouted were among your assaulters?

No. The voices were coming from further away.

You had had several drinks. You had smoked marijuana.

The TV was playing. The jukebox was playing.

You were in a room full of noisy video games and pinball machines.

You had your eyes closed, sometimes.

And you were being assaulted.

Now, given these conditions... can you truly say how many voices you heard... and where those voices were coming from?

Is it fair to say, then, that you can't tell us... who applauded or who shouted?

Is that fair?

Yes, that's fair.

Okay. Thank you.

While you were on the pinball machine... did you at any time cry "help" or "rape"?

No. I tried, but they were covering my mouth.

They were either kissing me or they had their hands all over my mouth.

I kept saying no.

Right. No. L... No. I said no.

Not "rape" or "help" or "police."

But "no."

Right. No.

Did anybody hear you? I don't know.

Did you signal to anybody? Say, a hand signal?

No. My hands were pinned down, right?

Signal to anybody with your eyes?

Were you struggling? Yes!

Anybody see you struggling?

They must have.

Can you in any way prove to us that someone in that room... saw you struggling or heard you say no?

No more Questions.

Miss Tobias, while you were being gang-raped, what were you thinking?

Thinking? What words came into your head?

Three men were repeatedly raping you, holding you down...

Your Honor, prosecution... and their friends cheered.

You lay there naked, struggling, every part of you in pain.

What words came into your head?

What words?

"No."

No further Questions, Your Honor.

The witness is excused.


How you doing? Good.

Good. Did you cut the whole day?

No big deal. How you doing?

I've been better. So how's everything? What am I missing?

Listen. They're prosecuting those guys.

The other guys in the bar who were cheering.

They're making me testify, so you have nothing to worry about.

I just wanted to tell you anyway.

Nothing to worry about? Are you out of your fucking mind?

You're not even on trial. What are you gonna say?

I'm gonna tell them what happened.

And what happened? Come on, man. You know.

A bunch of guys were cheering and yelling and stuff.

You, Kurt and Danny. You raped her.

Who said I raped her? I'm not in here for rape.

Did you see me rape her, Ken?

What do you think?

You didn't, did you?

Yes, I did, Bob.

Ken, if you say that, you know what happens to me?

Nothing's gonna happen! No.

Instead of nine months, the parole board will make it five years.

You don't understand. They're making me do this.

No. All they can do is call you.

They can't make you say anything. You don't remember. You were drunk.

You were too confused to get it straight.

I don't want to lie.

You want to visit me the next five years?

Hi. I hope you like it black.

I do, thanks.

I meant to tell you... this week, Leos, they frighten away friends...

Not now, Sarah, please.

Sorry.

Excuse us, Miss Murphy.

Mr. Joyce has something to tell you and Miss Tobias.

Mr. Joyce has told me he doesn't remember the events in Question.

He only told you what he did because you coerced him.

If you put him on the stand, he will recant.

He'll take it all back.

Did you have something to do with this?

I suggest you notify the court and the defense he won't be testifying.

In fact, it might be less awkward to move for immediate dismissal.

Wait right here one minute.

Why?

I don't remember. I only told her what I told her...

'cause she forced me to.

If she makes me take the stand, I'm gonna recant it all.

Why?

I don't remember anything.

You're full of shit.

Where do you get off telling me I'm full of shit? I was there.

Right. You were there. You saw me have a few drinks.

You saw me blow some grass. You saw me flirt a little bit.

And then you saw me gang-raped, and you think I had it coming.

You're just like all the others.

Would you look? My best friend is in prison.

If I do this, they're gonna keep him for five years.

Right. Your best friend is some great guy... and I'm just this lowlife whore... that he raped right in front of you.

You're not like all the others, you're worse.

That's not true. I'm not like that.

Okay?

Are you scared?

Yeah.

Me too.

Your Honor, the people call Kenneth Joyce.

Kenneth Joyce.


Do you swear to tell the whole truth, so help you God?

I do. State your name.

Kenneth Joyce.

Be seated, please.

Mr. Joyce, were you in the Mill the night of the events involving Sarah Tobias?

Yes.

Would you please recount for us what happened?

Well, it was late, and me and my friend Bob had been to the game.

Then afterwards, he took me to this bar he sometimes goes to.

The Mill. We had been there for a while when this girl walked in.

She was really sexy.


And she was sitting at the table behind us... talking to her friend while this guy Danny... he was sitting at the end of the bar.

He saw her come in too, and he sent the bartender over with drinks.

So I'm washing dishes.

Then I hear Bonnie screaming her head off, and go, "Oh, great."

So Chip walks out in cowboy boots... and goes, "I didn't just kick her in the head."

Hey, dude. What's going on? I don't know.

He's cute. Who's he?

Oh, Bob something. Some college guy.

I should take him home and fuck his brains out in front of Larry.

Yeah, right!

Can I watch?

Behind you.

Blonde girl. Wants me in a big way.

Jess. Jesse, come here.

Here we go, ladies.

Compliments of the gentleman at the end of the bar.

What do you think he'd do?

Evening, ladies.

Danny, this is my friend Sarah.

Thanks for the drinks, Danny.

Well, it was my pleasure, Sarah.

Well, you talking shop?

No. We're talking modern romances.

Yeah? Well, I'm a romantic.

That makes me just like you, Sarah.

You are one romantic-looking girl. Woman.

It's your turn.

Romantic, huh? Romantic? She didn't come with me.

She didn't!

You don't have to take my word for it.

Just walk in the back and see for yourself.

This is the game room. Oh, yeah?

Then she got up and followed him into the game room.

Pretty soon they were playing pinball and getting really loaded.

Ooh. I get 100. That's a double.

She's on a roll! You better shut up.

Oh, I don't want to distract you, now, do I?

Yeah! Line it up.

Line it up again.

Pay up now. She can score.

Yeah! Go, go, go, go!

Yeah! You lose.

No. I'm a winner. I don't lose. Check the score.

Look at that.

Like I said, lucky. Lucky, my ass. You wish.

Yeah?

Looks like your hand's connected to her ass.

What's your problem?

Who is she? Get her out of here. I hate her.

I don't know.

You're up. All right. Maybe next time.

Hey, knock it off.

Go for it. I'm gonna.

You gonna keep that all to yourself?

Yeah.

Didn't your mom teach you manners? No.

Angela, put some music on. I don't have any change.

Hey, Angie, I got some change.

You're so funny, I can't stand it.

That's what everybody tells me. I like that.

So modest too.

Very modest. Let's get out of here.

Look who's bossy. I'll even let you drive.

You know how to drive? You know how to walk?

I think you're the funniest girl here.

You're not as funny as me.

Let's get out of here. No. Oh, I love this song.


Are you off, honey? Yeah. I don't like the show.


God, I hope it's gonna be me.


Young lady. Have you been drinking tonight?

Me? Oh, no, Officer.

Hey, listen. I gotta go, 'cause I gotta work tomorrow.

I'm a working thing. I'll pay you whatever they pay.

I'm too drunk. I got to go home.

Mr. Funny Man, I gotta go.

Come on!

Wait a minute.

No, l...

Go, Danny! Stick 'em.

Right!

All right! Yeah!

Come on. Go for it!

Danny's gonna fuck her right there!

Grab her hands, Kurt.

Go for it, Danny! Come on, big guy!

Smell that new blood, baby.

Come on, she's loving it!

Hey, college boy, you're next!

Fuck it, bro! Yeah!

That's it, man. Go, go!

Has been effective shooting that right hand.

Burt has been landing significant body shots.

If he can keep doing that...

Get the frat boy in there! Go on!

Come on, move!

Go get her, frat boy!

That's it! Pump that fucking college ass!

Go, go! Stick it to her!

Don't stop! Hold her down!

Is she ready to come? I can't see.

Hold her down. Make her moan!

Make her fucking moan!

Hold her down!

Make her moan!

Hey, Kurt! Come on!

Watch the kid, you might learn something.

Shut the fuck up, asshole!

Listen to needle dick!

You a faggot?

You let them talk to you like that? You a faggot?

You pull down your pants, we'll see silk panties, huh?

You shut the fuck up!

You got the champion! Here comes Kurt!

Go. Fucking get her!

Gonna see his panties!


You're next, huh?


In control.

Burt is trying to apply the pressure here.

One, two, three, four. Poke that pussy till it's sore!


Mr. Joyce, do you believe... that Sarah Tobias instigated that rape?

No, I don't.

Thank you.

So?

So Ken helped. Larry, I don't know.

Jesse hurt.

What about Sally?

Bad, huh?

Shit!

You want to go for a drink?

No. I have to put together my summation.

What are our chances?

50-50 at best.

Good night.

Your Honor, my colleagues have agreed to a single summation.

No objection, Your Honor.

Ladies and gentlemen... the state has charged these three men with a crime.

The state has supported that charge... with the testimony of two witnesses.

Sarah Tobias... who told you how three men raped her... and she told you how she heard other men... shouting encouragement to her attackers.

Did she name these other men?

No. Did she describe these other men?

No. Could she tell you what these other men shouted?

No.

Her sworn testimony... her poignant, heart-rending sworn testimony... was an appeal to your pity.

And if her story is true, you should pity her.

But even if her story is true and you do pity her... that has nothing to do with this case.

Because those three men did not rape her.

Her sworn testimony is nothing... and you must treat it as nothing.

Now... if you wish, you can also treat as nothing... the testimony of her lover, Larry... who told you what kind of woman she is.

You can treat as nothing the testimony of the bartender...

Jesse, who told you that she was so drunk she could barely stand.

And you can treat as nothing the testimony of her friend, Sally... who told you what Miss Tobias's intentions were... when she first saw our clients.

Our case does not depend on those witnesses... just as the People's case does not depend on Sarah Tobias.

The People's case... depends on Kenneth Joyce.

If you believe him, you'll convict those three men... and if you don't, you'll acquit them.

Do you believe him?

Why did Kenneth Joyce testify?

Every day, for months, he said to himself, "I'm guilty."

Finally he was offered a way to purge that guilt, and he took it.

Kenneth Joyce told you he watched a rape.

He told you everyone else in that room watched a rape.

How did he know that? Did he read their minds?

To solicit a crime, you must first know it is a crime.

Well, who knew it?

Kenneth Joyce.

Do you think it matters to Kenneth Joyce who shouted?

In his mind, every person in that room was guilty.

He told you that.

And Kenneth Joyce... who is guilty... who did watch a rape and do nothing... will purge himself by bringing down anyone who was in that room.

And, of course, at no legal cost to himself... while those three men face prison.

Do you believe him?

Well, if you do, convict.

And if you don't... and I know you don't... acquit.

Miss Murphy.

Ladies and gentlemen...

Mr. Paulsen has told you that the testimony... of Sarah Tobias is nothing.

Sarah Tobias was raped, but that is nothing.

She was cut and bruised and terrorized... but that is nothing.

All of it happened in front of a howling crowd... and that is nothing.

Well, it may be nothing to Mr. Paulsen... but it is not nothing to Sarah Tobias.

And I don't believe it's nothing to you.

Next Mr. Paulsen tried to convince you... that Kenneth Joyce was the only person in that room... who knew that Sarah Tobias was being raped.

The only one.

Now, you watched Kenneth Joyce. How did he strike you?

Did he seem especially sensitive?

Especially observant?

Did he seem so remarkable that you said to yourselves...

"Of course. This man would notice things other people wouldn't."

Do you believe Kenneth Joyce saw something... those three men didn't see?

In all the time Sarah was held down on that pinball machine... the others didn't know?

Kenneth Joyce confessed to you... that he watched a rape and did nothing.

He told you that everyone in that bar behaved badly.

And he's right.

But no matter how immoral it may be... it is not the crime of criminal solicitation... to walk away from a rape.

It is not the crime of criminal solicitation... to silently watch a rape.

But it is the crime of criminal solicitation... to induce or entreat or encourage... or persuade another person to commit a rape.

"Hold her down. Stick it to her. Make her moan."

These three men did worse than nothing.

They cheered and they clapped... and they rooted the others on.

They made sure that Sarah Tobias was raped... and raped and raped.

Now... you tell me... is that nothing?

What time is it? You just asked me that.

They want Ken Joyce's testimony read to them again.

I don't get it. That's the third time for him.

How come they never ask for mine?

Because they believed you.

Oh, look. I did your chart. You're gonna like this. This is great.

The tenth house is really something.

Saturn in the tenth house is career and ambition.

Mercury ruling the tenth... public work.

And you had Sun and Pluto in the tenth.

That's law and higher understanding.

I mean, I'm telling you... the tenth house is really excellent.

You could be president or something.

What about you? What's your future?

Oh, I forgot it at home.

Don't you remember it?

Yeah, it's just... seventh house mostly.

It's like, uh, feelings, faith... intuition, mystery.

Really useful shit.

Do I have any of that?

Yeah. Yeah, you do.

You got a little bit right there. See that?

Keep it.

I was going to sign it, but I figured... you're really not into that kind of stuff.

So...

Will you sign it, please?

Thank you.

Likewise.

Still no verdict in the precedent-setting Tobias trial.

As the jury continues...

The second day, the jury is showing no Quick verdict.

Many observers predict the case will...

The jury has been out for two days. Both sides express confidence... but one thing is certain, this will be an historic decision.

They're coming in.


Ladies and gentlemen, have you reached a verdict?

We have, Your Honor.

Will the defendants please rise and face the jury?

"We find the defendant Matthew Haines... guilty of criminal solicitation.

We find the defendant Stuart Holloway... guilty of criminal solicitation.

We find the defendant Clifford Albrect... guilty of criminal solicitation."

Sentence will be imposed two weeks from today... at 10:00.

This court is adjourned.


What was the deciding factor in the case?

There were many deciding factors.

What are your plans?

I'd like to go home and play with my dog.