Law & Order: Special Victims Unit - Futility   View more episodes

Aired at 01:00 PM on Sunday, May 30, 2010 (5/30/2010)      View all transcripts from this day

Transcript

00:00:46]How whole done?
00:00:47..this year.
00:00:51..and better paint.
00:00:54Let's break out the drop cloths, rollers, brushes, and tape.
00:00:59Let's start small. then go big.
00:01:01No matter what the budget.
00:01:02And when we're done, let's take a bow.
00:01:05More saving. more doing.
00:01:07That's the powerof the home depot.
00:01:10Right now, get $5 off any one-gallon can of any behror glidden paint.
00:03:15Docket ending 6221, People versus Michael Gardner.
00:03:18Intimidating a victim in the third degree, menacing in the second degree, stalking in the fourth degree.
00:03:23Judge cohen: Your lawyer running late, Mr. Gardner?
00:03:25I fired my attorney, Your Honor.
00:03:27I'm representing myself.
00:03:28Oh... that's wonderful.
00:03:30Approach.
00:03:31Your Honor, Mr. Gardner is currently under indictment for multiple rapes.
00:03:34This is simply another way for him to torture his victims.
00:03:37I have the right to defend myself.
00:03:38Judge cohen: Only if you understand the implications of your decision.
00:03:41You'll be held to the same standards as any attorney.
00:03:45I understand.
00:03:46I'll grant your pro se request for these proceedings.
00:03:48Now, as far as the rape indictments goes, you'll have to take it up with the trial judge.
00:03:53All right, step back.
00:03:55Now as to the charges on the table, how does the defendant plead?
00:04:00Not guilty.
00:04:02Let's hear arguments.
00:04:03Cabot: The defendant is under orders of protection against four women he's accused of raping.
00:04:06He violated these orders by approaching one victim in a coffee shop and hiding out in front of another victim's home.
00:04:11I wasn't hiding.
00:04:12I was walking my dog.
00:04:13One coincidence I can buy.
00:04:14Two are stalking.
00:04:15I don't know what she's talking about.
00:04:17I was buying coffee.
00:04:18If someone saw me in that shop, I didn't see them.
00:04:20What contact did the defendant have with the second woman?
00:04:22None. The detectives arrested him in order to prevent that.
00:04:26So, how did I violate any order?
00:04:27Unless the People have something else to give me, you didn't.
00:04:31Your Honor, this is the defendant's MO.
00:04:32He delights in continually victimizing women he's already raped.
00:04:35Then next time, bring me evidence that supports your theory.
00:04:38I'm dismissing all complaints as facially insufficient.
00:04:42Next case.
00:04:43(bangs gavel) Gardner's repping himself at his rape trial, too?
00:04:52Yes.
00:04:52Judge Preston granted his request.
00:04:54She appointed Russ as his stand-by counsel.
00:04:56How can Preston allow that?
00:04:57There's not much she can do to prevent it.
00:04:59Normally, I would consider this a win, but...
00:05:01But Gardner just handed you your ass in arraignment?
00:05:04Yeah, I was hoping the judge would see that this was in no way a coincidence.
00:05:07Stabler: Gardner didn't attack Karen Leighton near her home.
00:05:10He got her address from the order of protection.
00:05:12I mean, we try to protect them, and then, we end up giving the guy a map to find his victims.
00:05:17I mean, next time we should just drive him there.
00:05:19Fin: Judge granted the bastard bail.
00:05:20Orders of protection were the best we could do.
00:05:22We get anything useful from Gardner's associates?
00:05:25Munch: I spoke to his wife, his business partner, neighbors.
00:05:28Same story-- great guy, never a harsh word, couldn't have done it.
00:05:31Stabler: So who gets to tell the victims their rapist gets another crack at them in court?
00:05:35I will do it.
00:05:36Man: Alexandra Cabot?
00:05:38Yeah, that's me.
00:05:40Your office said I'd find you here.
00:05:45Now what?
00:05:47Gardner's hitting the ground running.
00:05:49Motion to sever the charges.
00:05:54Gardner: In three of the four cases, police found no evidence implicating me.
00:05:58Cabot: Article 200, section 20 of the CPL states that offenses are joinable when proof of one is material as evidence of the others.
00:06:05I'm saying you have no proof.
00:06:06A positive identification by Carrie Huitt, and your fingerprint at the scene of the rape.
00:06:11Do the People have any other evidence, other than the pattern of the attacks to support the joinder of the indictments?
00:06:16We don't need any, Your Honor.
00:06:18People v. West.
00:06:18When the MO is sufficiently unique, multiple crimes can be charged under one indictment.
00:06:23The pattern in all four rapes is identical.
00:06:25Uh, forgive me, Your Honor.
00:06:27I'm not as well versed as Miss Cabot.
00:06:31Uh,People versus Sable.
00:06:34"When there is substantially more proof "on one offense than the others, "there is a substantial likelihood "that the jury will be unable "to consider separately the proof as it relates to each offense." I believe that means the jury's decision on the first three victims would be unfairly influenced by the fourth.
00:06:46That's right on the money, Mr. Gardner.
00:06:49It's called "bootstrapping." I'm severing all counts.
00:06:52Your Honor, the particularly heinous nature of the crime makes...
00:06:55Would serve to only further prejudice the jury.
00:06:58That's it, Miss Cabot.
00:06:58Gardner: Uh, then I'd like to make a motion to dismiss all charges based on lack of evidence.
00:07:03I think the evidence against Mr. Gardner has been amply established.
00:07:05Judge preston: For the fourth victim it has.
00:07:08For the others, not even close.
00:07:09The indictments for victims one through three are hereby dismissed.
00:07:13Any other business we need to deal with?
00:07:16Good.
00:07:17Opening statements at 9:00 a.m. tomorrow.
00:07:19(bangs gavel) We're adjourned.
00:07:25Unless this guy passed the bar overnight, Erin Russ is giving him a lot of help.
00:07:29Don't worry.
00:07:29We'll still nail him with Carrie's testimony.
00:07:31Well, not if she won't give it.
00:07:33I just got a message from Bethany Taylor.
00:07:35Carrie says she can't face her rapist again.
00:07:40I'm really sorry.
00:07:42Could you tell me why you changed your mind?
00:07:45You know why.
00:07:47I don't want to talk to him.
00:07:49I don't want to hear him.
00:07:49You know, I have to get on with my life.
00:07:52I can't keep going back to this.
00:07:53Carrie, how are you going to get on with your life knowing that Gardner got away with it?
00:07:58It's not my fault.
00:07:59It's not my responsibility.
00:08:00That's right.
00:08:01You're only responsible for yourself.
00:08:05d you discuss some of the positive things that could come out of a victim testifying against her rapist?
00:08:12It's often empowering.
00:08:13The attack was out of your control, but in court, you have complete control.
00:08:17And even though Gardner is doing the questioning, he is bound by the rules of the court.
00:08:22All that you're bound by... is the truth.
00:08:25I just want...
00:08:27I just want to get over it.
00:08:28When am I going to get over it?
00:08:30Benson: Carrie... I have never known a single victim who regretted testifying against her rapist, no matter how hard it was, but I have known plenty that wish that they had, and by then, it was too late.
00:08:51Huitt: And he kept, uh, running his hand through my hair, uh, almost gentle.
00:08:58And...
00:09:02That's when I opened my eyes a little.
00:09:06And you saw his face?
00:09:07Yes.
00:09:08Miss Huitt, do you see the man who attacked you in the courtroom here today?
00:09:14Yes.
00:09:16There.
00:09:17Let the record reflect the witness has identified the defendant, Michael Gardner.
00:09:21Thank you, Carrie.
00:09:27Uh, Miss Huitt...
00:09:31you testified that your attacker choked you until you passed out.
00:09:37Yes.
00:09:38You tied a cord around my neck.
00:09:40But your attacker was standing behind you, so...
00:09:43You didn't see him then?
00:09:46I saw you later.
00:09:48Yeah, when you woke up.
00:09:51And you testified that...
00:09:53your attacker sexually assaulted you?
00:09:58You forced your penis into my vagina.
00:10:04Gardner: And when you opened your eyes...
00:10:06uh, a little, did your attacker see that?
00:10:11You weren't paying attention.
00:10:14How close was he to you?
00:10:18You were six inches away from my face.
00:10:21And he didn't notice you were awake?
00:10:23Isn't that strange if he was so close?
00:10:27Is it possible he was farther away?
00:10:29Objection. He can ask the same question 20 different ways, and her answer will be the same.
00:10:33Move on, Mr. Gardner.
00:10:37(clears throat) The night you saw me at the police station, was anyone with you?
00:10:41Yes.
00:10:42Um... a counselor from the Rape Crisis Center.
00:10:46Bethany Taylor.
00:10:47Did-did you talk to her that night?
00:10:51Yes.
00:10:52What about?
00:10:54Objection.
00:10:54Communications between a rape crisis counselor and a victim are privileged.
00:10:58Sustained.
00:10:59Uh, I have no other questions.
00:11:09Benson: Once the fingerprint came back, we apprehended the defendant outside of his home.
00:11:14I advised him of his Miranda rights, Detective Stabler and Tutuola questioned him, with his attorney present, and Carrie Huitt positively identified him as the man who had raped her the night before.
00:11:24Thank you, Detective.
00:11:27Why didn't you question me, Detective Benson?
00:11:30I was preparing your victim for the line-up.
00:11:33Oh.
00:11:34So it wasn't because I punched you earlier that night?
00:11:37Cabot: Objection. Relevance?
00:11:38I'm trying to ascertain whether the detective has a personal stake in my arrest and prosecution.
00:11:42I'll allow it.
00:11:44I have no personal stake in you.
00:11:47You weren't mad at me?
00:11:48Or, uh, embarrassed that I eluded your grasp in front of your colleagues?
00:11:53It's not uncommon for a perpetrator to lose control of himself, and I have certainly been hit much harder.
00:12:02When Detective Tutuola took me into the line-up room, I saw you in the corridor of your precinct.
00:12:08Who were you talking to?
00:12:10Bethany Taylor.
00:12:11The rape crisis counselor.
00:12:13What were you talking about?
00:12:16Cabot: Objection.
00:12:18I think we've already established counselor communications are privileged.
00:12:20Actually, only communications with thevictimare privileged.
00:12:25Not with law enforcement.
00:12:26Your objection's overruled.
00:12:27The witness may answer the question.
00:12:29I was advising Miss Taylor not to interfere with the line-up, so that it would be fair and impartial.
00:12:35I saw you looking at me...
00:12:37in that corridor, correct?
00:12:39Yes.
00:12:40I also saw Miss Taylor look at me.
00:12:43Oh... you'll have to ask her.
00:12:46Where did she go after she finished talking to you?
00:12:52Into the interview room.
00:12:53And who else was in that interview room?
00:12:58Carrie Huitt.
00:13:00So...
00:13:01the sequence of events goes like this: Bethany Taylor talked to you, then saw me in handcuffs.
00:13:07After that, she talked to the victim alone.
00:13:10And only then, after all this talking, did the victim identify me.
00:13:14Objection.
00:13:15That's okay.
00:13:16I'm done.
00:13:21This is crap, Alex.
00:13:21Yeah?
00:13:22'Cause it looks to me like Michael Gardner making a really good case for tainted identification.
00:13:26I wish you'd told me about this, Olivia.
00:13:27Hold on.
00:13:28That line-up was not tainted.
00:13:30How do you know?
00:13:31What could a rape counselor possibly gain from helping a victim make a false ID?
00:13:35It doesn't matter what happens, only what appears to have happened.
00:13:37Oh...
00:13:38If the Judge tosses this ID, this case is screwed.
00:13:42Bethany, what's up?
00:13:43I just got subpoenaed to testify on Michael Gardner's behalf.
00:13:50(scoffs) This isn't up for debate, Your Honor.
00:13:53The law clearly states a rape counselor cannot disclose unless the victim authorizes it, or reveals intent to commit a harmful act.
00:13:58Well, it's my understanding I have a right to due process.
00:14:01How can I defend myself if I don't know all the evidence against me?
00:14:03The counselor's records and testimony were never in evidence.
00:14:06Exactly.
00:14:06So no one really knows what was said.
00:14:08And you can't go on a fishing expedition to find out.
00:14:10People v. Peñaheld that the defendant cannot go on a roving tour through somebody's personal information without a stated purpose.
00:14:16Well, I have a very specific purpose.
00:14:17She saw me before the line-up, then had a private conversation with the victim.
00:14:20I have a right to know if she told her what I looked like, or what I was wearing.
00:14:24All right.
00:14:25I'll question Miss Taylor in chambers.
00:14:27If I feel her testimony is material to Mr. Gardner's defense, the jury will hear it.
00:14:36How'd it go?
00:14:37Great.
00:14:37Didn't say a thing.
00:14:38What do you mean you didn't say a thing?
00:14:40You're under subpoena.
00:14:40You don't have a choice.
00:14:42Yeah, I do.
00:14:43Bethany, this isn't going to help anybody.
00:14:45Detective Benson, I need you to take Miss Taylor into custody for contempt.
00:14:49Wait, Judge, there's got to be another...
00:14:51Either you do it...
00:14:52or I'll get someone else to.
00:14:58Let's go.
00:16:25this.
00:16:25
00:16:46it's a pretty big deal.
00:18:1014 turn to help your skin get healthy and clear.
00:18:14Fast forward a few years and now that your problem is wrinkles we still have the solution dermatologists recommend most.
00:18:21Neutrogenaanti wrinkle moisturizer with pure retinol sa.
00:18:25In just 1 monthit's clinically proven to smooth even the deepest wrinkles.
00:18:29So all you neutrogena girls it's time to become neutrogena women.
00:18:35Neutrogena recommended most by dermatologists.
00:18:56Save it.
00:18:56Cabot: Nothing good is going to come from this, Bethany.
00:19:00I won't break privilege.
00:19:00Well, it's going to be broken with or without you.
00:19:02Judge Preston has made her decision.
00:19:04She wants to hear your testimony.
00:19:06I won't give it.
00:19:06End of story.
00:19:07Well, did you tell Carrie what Gardner looked like before the line-up?
00:19:10You know I didn't.
00:19:11Then what does it matter?
00:19:13Tell Preston what you talked about, she'll find it immaterial to the defense, and then no one else has to hear about it.
00:19:18Then the precedent is set.
00:19:19And every subsequent rape survivor gets to wonder "Can I talk about this, or will everything I say be broadcast on Court TV?" No one will trust us and no one will report the crimes.
00:19:30Cabot: So what's your plan?
00:19:31To spend the rest of your life in here?
00:19:34I brought my toothbrush.
00:19:35I'll do the bid.
00:19:36Well, that's fine.
00:19:37But in the meantime, this case goes down as a mistrial or an acquittal, and Michael Gardner walks.
00:19:43What if the victim waives privilege?
00:19:46No.
00:19:47I think Judge Preston will go for it.
00:19:49Then privilege is intact, and no precedent is set.
00:19:52You would put this on Carrie?
00:19:54Do you have any idea how damaging this could be?
00:19:57Bethany, what else do you want me to do?
00:19:59Not that.
00:20:01I mean it.
00:20:02She can't handle it.
00:20:03You're supposed to help the victims.
00:20:07Do your job.
00:20:14Benson: You heard what happened with Bethany?
00:20:17Mm-hmm.
00:20:20Carrie, I, um...
00:20:23I'm asking you to waive your right to privacy so that Bethany can testify about her conversation with you.
00:20:34You're not wearing your engagement ring.
00:20:37Yeah, that was my decision.
00:20:40I didn't want Eric to have to wait around for me to get back to normal.
00:20:45I couldn't have sex without crying.
00:20:48I love him, but I'm never going to be back to normal.
00:20:51Carrie, I really don't think that this is the right time to be making these kind of decisions.
00:20:56When is the right time?
00:20:59You're all sitting around waiting for me to shake this off and get back to normal.
00:21:03(chuckles softly) (exhales) You have no idea.
00:21:14I can't sleep more than 20 minutes a night.
00:21:21(sniffles) I hate to be alone but God, I hate to be around people more.
00:21:27And I am so afraid to walk outside.
00:21:30Or-or be in a crowded place because, you know, I might see him.
00:21:37And all I can think to myself is it would have been so much better if he'd just killed me.
00:21:45So, uh, that's what I talked to Bethany about.
00:21:49Because she told me that I could say anything to her, and no one would ever know.
00:22:00Nothing that I do will ever change what happened to you.
00:22:04I can only try to prevent it from happening again, except everything that I have done has failed.
00:22:11I'm not going to pretend that this is a good thing.
00:22:15Or that this is a fair thing.
00:22:17But I have to ask you for your help.
00:22:22Because...
00:22:25you are our last chance.
00:22:33Carrie: I hate to see you in here.
00:22:36Don't worry about me.
00:22:37This was my decision, not yours.
00:22:40I waived my rights.
00:22:41(scoffs): And I wish she didn't make you do that.
00:22:43But it doesn't mean anything.
00:22:45I still won't talk.
00:22:45It's my decision, and it's already done.
00:22:48You said that this is about control, right?
00:22:51Taking it back.
00:22:52Well, I am.
00:22:53I do not want there to be any chance that this guy can get away.
00:22:57So, please, testify to the judge.
00:23:00It's okay.
00:23:01It... can't get any worse.
00:25:11to .. yeah?
00:25:18You gonna ask him this time?
00:25:20About what?
00:25:20Our erectile dysfunction.
00:25:21..no...i don't want to talk about it.
00:25:24Look, you're not alone, millions of men with ed have talked to their doctors.
00:25:28..
00:25:29We can do this.
00:25:31..
00:25:31(announcer) TALKING TO YOUR DOCTOR ABOUT Ed may be the last thing you want to do, but it's definitely a conversation worth having.
00:25:37Twenty million men havehad their viagra talk.
00:25:39..
00:25:40You'll find helpful tipson talking to your doctor AT Viagra.com Ask your doctor if your heartis healthy enough for sex.
00:25:46Don't take viagra if youtake nitrates for chest pain as it may cause an unsafedrop in blood pressure.
00:25:51Side effects mayinclude headache, flushing, upset stomach,and abnormal vision.
00:25:55To avoidlong-term injury, seek immediate medicalhelp for an erection lasting morethan four hours.
00:25:59Stop taking viagra and callyour doctor right away if you experience asudden decrease or loss in visionor hearing.
00:26:05..
00:26:06And ask if viagrais right for you.
00:27:39Judge: After questioning Bethany Taylor, it is my ruling that her testimony is not relevant to the pre-trial identification, and that the defendant's right to due process has not been violated.
00:27:50Therefore, the testimony will not be entered into record.
00:27:53Objection!
00:27:54You can't object, Mr. Gardner.
00:27:54Take a seat.
00:27:57No, that's not fair.
00:27:58That is my ruling.
00:27:59(bangs gavel) We're adjourned for today.
00:28:04So what else can Gardner pull when he puts up his own defense?
00:28:08I expect he'll throw a couple of character witnesses on the stand.
00:28:10He'll take his own testimony.
00:28:11Just have to be ready for anything that he does.
00:28:15Detective.
00:28:16Bethany.
00:28:17I know you didn't want this, but thank you anyway.
00:28:20I didn't do this for you.
00:28:21I did it for Carrie.
00:28:22Want to know what you did, Detective?
00:28:24This is a subpoena from a man who raped another client of mine.
00:28:27He wants her records disclosed.
00:28:29So I was thinking, you'd be the perfect person to bully her into waiving her rights.
00:28:34I did what I had to do to stop Michael Gardner from raping another woman.
00:28:37Six of my clients already quit counseling.
00:28:40They don't trust me anymore.
00:28:42But you got your win.
00:28:42Who cares if it's at everyone else's expense?
00:28:54Where is everybody?
00:28:55Kathy took the kids toLa Boheme.
00:28:59Pass.
00:29:01So on your one night as a bachelor, you go to the grocery store?
00:29:04That's pretty pathetic.
00:29:05Grocery store with strippers.
00:29:10Liv, you've got to let it go.
00:29:15You put a rapist on trial.
00:29:16You did your job.
00:29:17I think I made it worse.
00:29:20Now, you know that's not true.
00:29:25I made Carrie relive the worst thing that's ever happened to her.
00:29:30I screwed any number of victims who might have sought counseling from Bethany Taylor.
00:29:35And a few less rapes may be reported because of it.
00:29:37If Michael Gardner is convicted, he'll never rape another woman.
00:29:41It's not worth it.
00:29:42It's not worth the cost.
00:29:45To you or them?
00:29:48I'm not talking about me.
00:29:50Yeah, you are.
00:29:52For as long as I have known you...
00:29:56you've always identified with the victims.
00:29:59Maybe that's because you're a woman.
00:30:02I don't know.
00:30:05I do know it's one of the things that makes you a great cop.
00:30:10It's also one of the things that makes this job torture sometimes.
00:30:17You can never go back and change things that have already happened, Olivia...
00:30:24You can't.
00:30:32You kill yourself to make something happen or you do nothing, and...
00:30:40Doesn't matter.
00:30:42There's always another child molester.
00:30:45There's always another rapist.
00:30:47And it's like...
00:30:49you have to sell a little piece of yourself to get the job done.
00:30:58So what the hell's the point?
00:31:06I don't know.
00:31:08Maybe there isn't a point.
00:31:12Maybe the cost is too high.
00:31:19Olivia, no one's making you do this.
00:31:22The difference between you and all the victims is you can walk away.
00:31:31No, I can't.
00:31:47Judge: We've been waiting for over an hour, Miss Russ.
00:31:50We have no proof that Mr. Gardner has absconded, your Honor.
00:31:54If the defendant has knowingly forfeited his right to be present, then the trial should continue without him.
00:31:59For all we know, he could have fallen ill, or been in an accident.
00:32:03Find out, Miss Russ.
00:32:05Quickly.
00:32:09Got it.
00:32:10All airports are on alert.
00:32:11So far he hasn't shown up on any passenger manifest.
00:32:13We're focusing on domestic flights.
00:32:15His wife said that his passport's expired.
00:32:17Which you don't need to drive into Canada, so customs along the New York/Ontario borders are on alert.
00:32:21Locals are putting Garner's mug shot on the 11:00 news.
00:32:24It'll be in the papers in the morning.
00:32:26But there's still a possibility that he's staying in town despite the danger.
00:32:29He's already shown a propensity for stalking, which means that any number of people could be a target.
00:32:34That's why I want warnings out to the judge, the DAs, every witness, victim, juror...
00:32:38anybody who set foot in that courtroom that he could see as an enemy.
00:32:41Stabler.
00:32:42That includes you, Olivia.
00:32:43This guy's got a hard-on for you.
00:32:45Good, I hope he tries something.
00:32:47He did try something.
00:32:48Another attack.
00:32:52Officer: Neighbor found her when he was taking out the garbage, but he didn't hear a thing.
00:32:56Victim get a look at him?
00:32:57Don't know.
00:32:57She's dead.
00:33:00Stabler: Cut up her face, too, this time.
00:33:03Three or four slashes, fingerprint bruising around the neck.
00:33:06He's getting smarter.
00:33:07This time, there's nobody to ID him.
00:34:27We all do it. but you don't have to.
00:34:31..
00:34:33..
00:34:36Odor and release a fresh scent.
00:34:37It's still working,so you can stop checking.
00:36:53Victim's Evelyn Sharp from Staten Island.
00:36:55You were right about the manual strangulation.
00:36:58Found traces of talc, so I'm guessing he wore latex gloves.
00:37:00So he's learning from his mistakes.
00:37:02Her hands have some defensive wounds-- bruises on her knuckles-- so I'm thinking she woke up at some point and fought back.
00:37:09She get a piece of him?
00:37:09Nothing under her nails, no fluids or foreign hairs on the body, but I did find something interesting.
00:37:15Excised the skin right down to the fascia.
00:37:18He got a piece of her.
00:37:18So now he's collecting trophies?
00:37:20I thought so at first, but look at the size and location of the wound.
00:37:24She was fighting him off...
00:37:27So he bit her.
00:37:28Then he cuts away the skin to get rid of the evidence?
00:37:30Guy's becoming a regular criminal genius.
00:37:32Not quite.
00:37:32He didn't cut deep enough.
00:37:33There's still an impression in the muscle tissue.
00:37:36Benson: Well, can you match it to Gardner's dental records?
00:37:39Already did.
00:37:40No question.
00:37:41We got the son of a bitch.
00:37:44Still think your client's an innocent man?
00:37:46This is no longer a case of mistaken identities or false line-ups.
00:37:50This man is guilty of rape and murder.
00:37:52If I knew where he was, I'd tell you.
00:37:54People are in imminent danger here.
00:37:56I told you, I don't know where he is.
00:37:57If I hear from him, you're the first call I'll make.
00:38:04If he's getting any help, it's not from a family member.
00:38:07Gardner's got no relatives in New York.
00:38:08I talked to his business partners and his staff.
00:38:11Nobody's heard from him.
00:38:12Wife seemed pretty devastated when he left.
00:38:14I don't think she's hiding him.
00:38:15Dump his phones, the last six months.
00:38:16If it was a wrong number, I want to know what the conversation was.
00:38:19Gardner's financials.
00:38:20All of the money belongs to Mrs. Gardner, but he's got access to everything.
00:38:24Any recent transactions?
00:38:26Yup. A big one.
00:38:27Five grand yesterday morning.
00:38:28Check cashing place in the Bronx.
00:38:31Man: Yeah, that's the Richie Rich.
00:38:32He wanted to cash 20 grand.
00:38:34I told him five was my limit.
00:38:36He wrote up a new check.
00:38:37Stabler: He alone?
00:38:38I guess so.
00:38:39I didn't see anybody.
00:38:41We're going to need the paperwork on that.
00:38:43The guy had the proper ID.
00:38:44I-I-I didn't do nothing illegal.
00:38:46Hey, are those recording?
00:38:48This kind of business?
00:38:49You better believe it, lady.
00:38:50We're going to need the tapes.
00:38:55Benson: Right there.
00:38:57Man: That your guy?
00:38:58Stabler: Yup.
00:38:58It doesn't tell us much other than he's alone.
00:39:00I digitized the tape from the other camera, too.
00:39:04Here's the same time frame.
00:39:06That's him exiting, and getting into that white SUV.
00:39:09Stabler: Like the one Carrie saw the night of her attack.
00:39:11Did you get plates off that?
00:39:12Not the way the camera's positioned.
00:39:14All the accident investigation unit could tell me was it's a '99 Lexus RX 300.
00:39:18Can you play that a little longer?
00:39:20Sure.
00:39:21Benson: He's getting into the passenger side.
00:39:23Who's driving?
00:39:24Let's see if I can blow it up.
00:39:33We'll go frame by frame.
00:39:38Looks like he's kissing her.
00:39:41His wife's got long hair.
00:39:42Gardner's got himself a girlfriend.
00:39:46Any ID on the mystery woman?
00:39:47We got six months of phone records.
00:39:49There's nothing out of the ordinary yet.
00:39:51The problem is this guy's smart enough to never have called the girlfriend from his own phone.
00:39:55And if he bought a prepaid cell, well, we wouldn't know about that.
00:39:57A majority of the calls this month went to his lawyer, big surprise.
00:40:02Last month too.
00:40:06And four months ago.
00:40:07Cragen: Why would he need to talk to a criminal defense attorney beforehe was arrested?
00:40:15Because he's been having an affair with Erin Russ.
00:40:18She registered a vehicle to the DMV four years ago.
00:40:221999 white Lexus.
00:40:27Stabler: Look at this.
00:40:45Erin, it's Detectives Benson and Stabler.
00:40:48Let us in.
00:40:49It's open.
00:40:57Erin, where is he?
00:40:59Where's Gardner, Erin?
00:41:00Where is he?
00:41:02He's here.
00:41:03Let me see your hands.
00:41:05Put up your hands.
00:41:14Benson: Are you hurt?
00:41:16No.
00:41:18I found the murder weapon in the car.
00:41:22He denied it.
00:41:24Even after I found everything.
00:41:28If he attacked you, there's nothing you could have done.
00:41:34That's right.
00:41:37Justifiable homicide.
00:41:41If he attacked me.
00:41:48I need to know it's over.
00:41:50I tried setting it up with the people in charge.
00:41:52They said it was inappropriate.
00:41:54How did you convince them?
00:41:55They don't need to know.
00:42:14Captioning sponsored by Universal network television nbc and TOYOTA. Get the Feeling.
00:42:23Captioned by Media Access Group at WGBH access.wgbh.org (wolf howling) Narrator: In the criminal justice system sexually based offenses are considered especially heinous.
00:43:10In New York City, the dedicated detectives who investigate these vicious felonies are members of an elite squad known as the Special Victims Unit.
00:43:18These are their stories.
00:43:21If the cab driver went the way I told him to, we wouldn't have got stuck in traffic.
00:43:25We should have taken the subway.
00:43:26Body slamming my way onto the number nine with the great unwashed?
00:43:30No, thanks.
00:43:31You're a snob.
00:43:32We're so late, I'm sure they started dinner without us.
00:43:36Come on, guys.
00:43:38Take it easy, Josh.
00:43:38I'm sure they're in the back by the dining room.
00:43:43There, open.
00:43:44(shivering) Evan!
00:43:48Sorry we're late.
00:43:51Josh: Oh, my God.
00:43:53Woman: Oh...!
00:43:55Yo, Lucates, take this couple up to Homicide and have Kroling get their statements, all right?
00:44:00Detective Dave Duethorn.
00:44:01Missed dinner with my wife and kids.
00:44:03This better be good.
00:44:04Two naked women, fluids everywhere, both raped and shot in the head.
00:44:07That's our bread and butter.
00:44:08So, I guess the two head-shot naked guys with them are nothing special, right?
00:44:14Well, what do you think?
00:44:15Stabler: Looks like the party from hell.
00:44:17Dinner party to be exact.
00:44:19With an orgy for dessert.
00:44:20Except they never made it to the appetizer.
00:44:22Dining room table's still set.
00:44:24And check that out.
00:44:25"Happy Engagement.
00:44:27Share wonderful lives together." There's no signature.
00:44:31Who's the unlucky couple here?
00:44:32evan Briggs and his fiancée Melissa Ziman.
00:44:34Other two are Dean McCarren and Regina Valerio.
00:44:36The couple who found them made the IDs.
00:44:37Evan and Melissa invited some grad school friends over to celebrate.
00:44:42Not the type of evening you expect to turn into a sexual free-for-all.
00:44:45I'm thinking home invasion.
00:44:46Doorbell rings, victim opens door, wacko busts in and robs them.
00:44:50Fin: You got four victims.
00:44:52Got to be at least two perps.
00:44:53What did they take?
00:44:54All the victims' jewelry.
00:44:55Marks on the men's wrists indicate they wore watches.
00:44:58The women wore necklaces.
00:44:59Their wallets and IDs are also gone, along with Ms. Ziman's two-and-a-half carat engagement ring.
00:45:03The couple who found them told me she got it last week.
00:45:05Oh, and there's something else, right, Doc?
00:45:08Both men were beaten, probably with the business end of an automatic.
00:45:11Something must have set them off.
00:45:12Pummeled the men and raped the women.
00:45:15Warner: Not just the women.
00:45:17Excuse me?
00:45:18The men were raped, too.
00:45:24Captioning sponsored by Universal network television nbc and TOYOTA. Get the Feeling.
00:47:21] teeth, off.
00:47:23You need listerine® whitening® vibrant white™ rinse.
00:47:26The mouthwash that gets teeth four times whiter than the leading toothpaste.
00:47:30And kills bad breath germs.
00:47:32Listerine® whitening® vibrant white™.
00:48:42All the violence was pre-mortem-- the beatings and the rapes.
00:48:45Anything from the kits?
00:48:46Plenty of fluids, but when I combed for hairs, things got strange.
00:48:50Define strange.
00:48:51Take a look.
00:48:54Hairs look the same to me.
00:48:55Warner: Both belong to evan Briggs.
00:48:58I found the one on the left on his fiancée.
00:49:00Nothing unusual about that.
00:49:01The other was in the second male victim.
00:49:04What the hell went on here?
00:49:06Both men had blood and fluids on them that matched the blood types of the other victims.
00:49:11The perps forced the men to rape the women and then each other?
00:49:15I'll need the DNA to confirm it, but that's how it looks.
00:49:19The townhouse belongs to Earl Briggs, CEO of HappyTime Toys.
00:49:24Evan is his son.
00:49:25Two of them lived there alone.
00:49:27Mom's deceased.
00:49:28I checked Earl's background and financials.
00:49:30Aside from being worth 50 million, nothing points to anyone intentionally targeting his home.
00:49:34What about the victims?
00:49:35Squeaky clean.
00:49:36All four come from wealthy families.
00:49:38Had entry-level jobs in media.
00:49:39Fin: Ready for this?
00:49:40We're looking for one perp.
00:49:42Lab found a bunch of bloody footprints all made by the same pair of shoes, and I checked VICAP.
00:49:46Nobody's active with a similar M.O.
00:49:48It's hard to believe this sadistic son of a bitch just suddenly popped up on the radar screen.
00:49:52Guy like this was probably in the system before.
00:49:54Sexual assault, rape, burglary, maybe a few street holdups.
00:49:58Pretty big step from there to making four people sodomize each other and then whacking them.
00:50:02What set them off, Doc?
00:50:03Probably one of the victims said or did something to challenge his masculinity.
00:50:06The sodomy was to humiliate them.
00:50:08Killing them was the ultimate power trip.
00:50:10Is this nut job going to hit again?
00:50:12If he is a sadist, he enjoyed it, and he'll want more.
00:50:15Fin took your notification.
00:50:17Your boss agrees we should be working this case together, so, you're temporarily reassigned here.
00:50:22All right, that works for me, but we got a little math problem.
00:50:26Munch: Yeah, well, educate us.
00:50:27Four deceased, plus our two latecomers.
00:50:30Look at the dining room table.
00:50:31Munch: Seven place settings.
00:50:32Well, maybe our missing dinner guest didn't like what was on the menu.
00:50:35We know who it is?
00:50:37No, but Evan's father probably does.
00:50:42Everybody loved Evan.
00:50:44I can't think of a soul who'd want to hurt him.
00:50:46Anybody have a grudge against you?
00:50:48Oh, I doubt any of my competitors would resort to this kind of mayhem.
00:50:52Well, as soon as you can, we're going to need a list of everything that was stolen.
00:50:56There's some jewelry missing.
00:50:58None of it's worth much.
00:50:58The most valuable thing to me was the picture.
00:51:01What, a piece of art?
00:51:02A framed photo of Evan and me fishing.
00:51:05It's hung in that empty spot on the wall.
00:51:08Why would he steal that?
00:51:09Well, it's possible it fell during the break-in and we have it in evidence.
00:51:13We'll check.
00:51:14Best we can tell, Evan invited two couples and another friend for dinner, but we can't account for the single friend.
00:51:19I think it was Buzzie.
00:51:20Fin: You know Buzzie's real name?
00:51:22Uh, I'm sorry-- Paul Dumont.
00:51:24He just moved back from Boston.
00:51:25Evan and Buzzie used to go to camp together.
00:51:28Do you have any idea how we can find him?
00:51:31I just got him a job over atNOHO Magazine.
00:51:34He started two weeks ago.
00:51:37Paul's not picking up.
00:51:37You want to leave a message on his voice mail?
00:51:40No, we want to talk to him in person.
00:51:42You don't know if he's in?
00:51:44We have over 100 people working here.
00:51:46It's not my job to keep track of them.
00:51:48Fin: Is there anybody that can help us?
00:51:53The police are here looking for Paul.
00:51:58Sure, I'll tell them.
00:52:01Editor is on his way up.
00:52:02Appreciate it.
00:52:04Are you the officers looking for Paul Dumont?
00:52:07Fin: Yes, we are.
00:52:08I'm Ralph Sloan, the editor.
00:52:09I just got a call from Paul's parents.
00:52:11Did something happen?
00:52:12There was an accident last night.
00:52:15He's in the hospital.
00:52:16Fin: They say which one?
00:52:18Roosevelt.
00:52:19He's in bad shape.
00:52:21EMS brought him in last night with massive skull fractures.
00:52:24Duethorn: Was he awake at any time?
00:52:25Extent of his injuries, I'm surprised he was alive.
00:52:28We rushed him to the O.R.
00:52:29to reduce the swelling in his brain.
00:52:31What are his chances?
00:52:32They're not good.
00:52:33A lot of damage and bleeding.
00:52:35In my opinion, too much for a fall.
00:52:38Who said he fell?
00:52:39EMS run report said he was under the influence, found lying on the street.
00:52:44But it didn't scan for me.
00:52:45Fin: Well, I'm no doctor, but that doesn't look good.
00:52:48It's not.
00:52:49Mr. Dumont was hit in the head in three places with such force it caused radiating fractures more consistent with being whacked on the head with a blunt object than with a fall.
00:52:59You checked his blood alcohol?
00:53:01Yes, and it was zero.
00:53:02He didn't have a drop to drink.
00:53:04Patrols from the Two-Oh respond to a call for a drunk in one of the stairwells of the 79th Street subway station.
00:53:10They find Dumont all covered in blood, smelling like he was dragged through a wine vat.
00:53:14Cops figure he tied one on, fell down the stairs, so they called the bus.
00:53:18Did DNA put this guy at the crime scene?
00:53:20Uh, no, no; only blood found belonged to the four murder victims.
00:53:23So, he never went inside.
00:53:25But his flowers did.
00:53:27Florist ID'd Dumont as the guy who bought the flowers.
00:53:29So, we're thinking the perp sees Dumont going up the steps to the Briggs place with his flowers and a bottle of wine...
00:53:34Conks Dumont on the head, throws him down the stairs, holds the flowers like he's delivering them.
00:53:38The door opens, he goes in and he does his thing.
00:53:40Meanwhile, those whacks on the head leave Dumont disoriented but not down for the count, so, he somehow makes it from the townhouse all the way to the subway station.
00:53:47That's a long way to go with a skull fracture.
00:53:50Doctor said it's possible before he passed out.
00:53:52And the wine?
00:53:52Lab found stains on his coat.
00:53:55Bottle must have broken when he went down.
00:53:57So, Paul Dumont is victim number five.
00:53:59Crime of opportunity, Captain.
00:54:01Wrong place, wrong time.
00:54:01Thanks. Just like victims six and seven.
00:54:04We got two more?
00:54:05Riverside Park.
00:54:06Layton: Parks Department guy emptying the trash found them.
00:54:10Any ID?
00:54:11In their wallets.
00:54:12Russell and Darlene Weston, both 51, live a couple blocks up Riverside.
00:54:18Both head shot, naked.
00:54:19Same as the townhouse.
00:54:21Any signs of rape?
00:54:22Blood on Mrs. Weston's nether region.
00:54:24Still waiting for the M.E.
00:54:25You guys find anything else?
00:54:26Dug a spent slug out of a tree.
00:54:29Looks like a .380.
00:54:29Rushed it to ballistics-- waiting to see if it matches the other victims.
00:54:33And check this out.
00:54:34Keys-- belonging to one of the victims, I presume.
00:54:37But found a couple yards away.
00:54:39And look at the ring.
00:54:39Ah, he left the keys to the house, but he broke off whatever was on the other end.
00:54:44Maybe the keys to the car, right?
00:54:46Cash and credit cards are gone.
00:54:47Layton: So is their jewelry.
00:54:49We got six murders in two days.
00:54:51Dumont dies, that makes seven.
00:54:52We got ourselves a spree killer.
00:59:02Add Paul Dumont to the loss column.
00:59:03Hospital called; he died an hour ago.
00:59:05Seven victims-- except for Mr. Dumont, they were all robbed, sexually assaulted, and then shot.
00:59:10Both scenes were within 20 blocks.
00:59:12This guy has killed as many people in two days as Son of Sam did in four months.
00:59:16Now, you all have your assignments.
00:59:19Let's get this guy.
00:59:20Okay, how's it going at the park?
00:59:22CSU's still there.
00:59:22Munch is supervising.
00:59:24The slugs they found confirm that the Westons were shot with the same gun used in the Brigg's townhouse.
00:59:29Anything from the M.E.?
00:59:30Rape kits on both victims tested positive for fluids.
00:59:33Doc Warner says pending DNA, no stray hairs were found other than the victim's.
00:59:37So it's the same M.O.-- perp probably forced them to have sex.
00:59:40Well, Mrs. Weston also had bruising consistent with being pistol-whipped before she was shot.
00:59:44Perp orders them to do it, hubby says no.