28x01 - Volition

[bunniefuu]

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.

[siren wailing]

[panting]

[train rumbling]

The train is now approaching.

[wails]

[indistinct PA announcement]

[door chimes]

[train rumbling]

Ah!

[frantic groans]

[tense music]

♪♪

No, don't, don't, don't.

Is this yours?

♪♪

[sobbing]

Are you all right?

[sobbing]

I...

I think I was r*ped.

[sobbing]

♪♪

-Special Victims?
-Yeah, I'm Benson.

All right.

Emily, can we get you
back to the bed?

-I threw up.
-That's okay.

That's okay.
So, Emily, I'm Olivia.

And I'm a police captain.

And, uh, you up... you up for
answering a few questions?

Can I have some water?

-Yeah.
-Here you go.

Here you go.

We get a BAC?

Double.

So, Emily, how much
did you have to drink?

-Two.
-Two drinks?

-Tequilas.
-Mm-hmm.

And, uh,

four White Claws.

Okay, so six drinks.

No, and then we went to Josh's

and had some more.

And then I don't remember.

I think they were
forcing her to drink.

-Is that true, Emily?
-Were they forcing you to drink?

Yeah, maybe.

Okay, so right now, how about
we stick to what you actually

do remember, okay, Emily?

So who is Josh?

He's my friend.

Uh, they... they all are,
except for that one guy.

Three men, took turns.

And you were passed out,
right, Emily?

[whispers] I don't remember.

No, remember,
we talked about that.

Can you come outside and talk
to me, please, for a moment?

Excuse us.

Look, I appreciate that you're
trying to help, I really do.

But right now, I just...

I need to hear the facts
as she remembers them,

not a story that's altered
to get a better outcome.

I'm just helping her remember.

Well, actually,
you were answering for her.

And I get it. I really do.

But trust me, that will bite us
in the a*s at the end.

The facts are that
she excessively drank

of her own volition.
You know how this ends for her.

I don't.

And quite frankly,
neither do you.

You know, it's so weird.

You're in a position where
you can actually help her.

You just won't.

[soft tense music]

♪♪

[scoffs]

♪♪

[dramatic music]

♪♪

Usually I only have a couple,
but I had off today,

so I just figured,
let loose, right?

I screwed up so bad.

I did this to myself.

Emily, was it the best idea
to drink that much?

It wasn't.

Does that mean that
anyone is allowed

to touch you or do anything
to you without your consent?

I guess not.

So what happened
after you realized

that you were alone with them?

Well, I started to get the spins.

Okay.

I remember I was looking
for a glass of water

in the kitchen,

and then I was

just walking up the stairs.

I was... I was in a bed.

And Josh was...

like, on top of me,
trying to kiss me and...

Daniel and Scott.

[sighs]

Somebody took my pants off,
and...

I kept... I kept asking
for my phone.

Okay, that's good, Emily.

Did you... did you say
anything else?

Do you remember?

Uh, I kept asking Josh
if his mom was home

'cause I just kept hoping
she would come in.

Okay, so Emily,
this is really important.

I need you to try to remember.

Did you say anything else
to them?

Did you say no
or try to push them off?

[sighs]

I don't remember.

I mean, it doesn't matter,
does it?

Like, I was so drunk,
it's obvious.

Like, who thinks I'd be down
for a g*ng bang with three guys?

And...

I'm just trying to get
the full picture here.

[sighs]

Look, the nurse said to
just say that I passed out.

I could say that
if it helps my case.

The only thing that
I want you to think about

is just telling the truth, okay?

You let me worry about this case.

So let's start
with the guys' names, okay?

-Mm-hmm.
-Josh.

-Josh.
-What's Josh's last name?

Joshua Berger, Daniel Sutcliff,

and a public record search
turned up

Daniel's maternal cousin,
Scott Paletta.

Emily picked him out
of a photo array.

He's our guy.

Oh, new partner gets coffee.

You never did that for me.

Well, that's 'cause I know
how to train my detectives.

It's a little sweet.
I'll let it slide this time.

Any priors?

Squeaky clean.

Well, it doesn't look
like she was drugged.

Preliminary tox screen
only shows alcohol, 0.17.

You can't give consent
when you're that drunk.

Legally drunk people
can give consent.

-0.17? Come on, man.
-She was wasted.

Well, think about any girl
you had sex with in college.

Were they drunk?
Did you get consent?

This isn't some college hookup.

This is three men taking turns
on an inebriated person...

But the law says that a victim

has to be physically helpless
or given

an intoxicating substance
without consent.

Then the law is garbage.

I couldn't agree with you more.

And legislature even tried
to change it this summer,

but the session ran out
before there was a vote,

so we're stuck with this garbage.

So let's talk to these
three individually

before their lawyers
get involved.

If we're lucky,

we flip one of them.

Do you know Emily Dawson?

Yeah.

We met last night at trivia.

Is she okay?

Did you do anything after trivia?

We went to one of the guys'
places for drinks,

Josh, I think.

I'm new to the group.
I don't know everyone yet.

What's this about?

So we got this weird allegation

that we are required
to look into.

-Allegation?
-Yeah, yeah.

Right now, that's all it is,
just an allegation.

Okay, Emily told us a story.

She woke up maybe not
feeling so good about

what happened last night.

All we wanna do is
hear your side of the story.

What, is she saying
something happened

she didn't want to happen?

Why don't you just tell us
what you remember happening?

Look, uh, I mean,
you're not wrong, okay?

Things got weird, like...
like, really weird.

But it was great.

I mean,

we were all hanging out.

It was me, Emily, Josh, Daniel.

He's my cousin.

And, um, eventually, we

were in the bedroom.

And,

I mean, I can safely say

I've never done anything
like that.

Like what, exactly?

[scoffs]

Have sex with someone and then

watch other people
have sex with that person.

Okay, and Emily was actively
participating in this?

-Yes.
-Yeah?

She... she gave full consent?
She said yes?

Well, she didn't say no.

And I mean, she was acting,
like, very into it,

like... like, very.

Oh?

What does that look like?

-Kissing...
-me, everyone.

Did she take off her own clothes?

I think someone took off
her pants,

Josh, maybe.

Did she ever lose consciousness?

No. What? Absolutely not.

If I thought for a single
second she was too out of it

or didn't want to,

I definitely would have stopped.

God, I feel...
I mean, I feel terrible.

I was gonna call her later
and ask her out.

I guess not, huh?

[knocking]

Daniel Sutcliff?

Yeah?

I need to talk to you.

Why don't we sit down inside?

What's this about?

Danny, is that Instacart?

Your girlfriend know
what you got into last night?

-No, babe, it's...
-hey, just a sec.

She must not be into trivia.

What do you want?

-Emily Dawson.
-What about her?

You remember what happened
to her last night?

-It wasn't planned.
-It just happened.

So you raping her with two
of your boys just happened?

Whoa, whoa, what? What?

Is that what she's saying now?

That's the story.

If you got a better one,
it's your time to tell it.

No. No way.

She doesn't get to wake up
and cry r*pe just because

she feels like a skank now.

Man, she was the one
making us do shots,

grabbing my crotch.
She's a tease.

So you decided
to make her pay for it?

No...

Josh had a crush on her.

I don't even like her that way.

And then she friendzoned him,
and... and... and...

and she's flirting with him
all night.

And you want me
to believe that she decided

to take on three guys at once?

Man, she was coming on
to all of us.

If she regrets it now,
that's her fault.

Now, I know I don't
have to talk to you.

Listen, Josh,
we could arrest you right here

in front of all your colleagues,

but I'd really rather just talk.

Maybe we can clear
this whole thing up.

I didn't do anything wrong.

No harm in answering
some questions.

Like, how long have you been
carrying a torch for Emily?

Who even said that?

That was forever ago.
We're friends.

So you used to have a crush,
but not anymore?

I'm not saying anything else.

Okay, but if...

if she's... she's sending you
mixed signals,

right, I mean, I can see
how you'd get confused.

I mean, she let you
take her clothes off.

She told me to lie down with her.

She had the spins.

She said she wanted
to hold on to something.

So you did get
in the bed with her?

Seriously, I'm not
saying anything else.

What I understand is
no one was making her drink.

So the fact that
she was out of it,

that's her fault, not yours.

-I'm not talking anymore.
-[mutters]

I've seen
these situations before,

and usually,

there's a ringleader.

There's an instigator.

I don't think that's you.

The fact that
it happened at your house

doesn't look good for you.

So you should tell us
before we find something

that could really hurt you.

It's my mom's house.

You don't have permission
to search it.

Oh, buddy,
it's already happening.

[tense music]

♪♪

I am looking right at it.

-Oh.
-Hi.

That's the mother.

Yeah, I'm not
sensing cooperation.

Are you sensing laundry day?

She put all the bed linens
in the wash,

vacuumed within an inch
of her life.

-Still found hair and prints.
-Okay,

what about the doorbell cams?

She claims it isn't working.

We're subpoenaing the company
to see if

-they've archived any footage.
-All right, thanks.

I don't even know
what I'm paying you for

-if you can't help me.
-Mrs. Berger.

I'm Captain Benson from SVU.

Speak to my attorney.

Call her back.

You can't do that.

When he does call you back,
let him know that

you spent the morning
obstructing an investigation

and destroying evidence.

Look, I know that
you don't want to see

your son in trouble,
but covering for him

is only gonna hurt him
in the long run.

I have nothing to say.

Nothing from the phone dump.

These guys might be clowns,
but they know not to text

anything incriminating.

Hey, you get anything from CSU?

Yeah, the mother wasn't lying
about the busted door cam.

There's no footage.
They got DNA.

But until we get
the r*pe kit back,

we got nothing to compare it to.

And even if it matches,
they're claiming

the sex was consensual.

Hey. Sorry I'm late.

I got held up with
the new ADA mentee.

How's that going?

I doubt this guy's ever talked to

a police officer in his life.

He's a snazzy dresser,
and Sonny's feeling threatened.

Look, all I'm saying
is this guy's tie

costs more than our car lease,
Amanda.

-Yeah, it does.
-All right, these guys,

they all sticking to this story?

More or less.

If there's a weak link
in the bunch, it's Josh.

And if there's a sociopath,
it's Scott.

I mean, he said
all the right things,

and I wasn't buying it
for a minute.

And what about Daniel?

Dime store incel begging
for an a*s-kicking.

He ratted out Josh for
having a crush on the victim.

I bet as soon as we bring
them in, they all lawyer up,

and they stop talking.

All right, we need one
of these guys to flip.

The mom knows.

The mom protected them
and tampered with evidence.

She wants to be a good mom.

And I am gonna give her
another chance.

He's not here.

I actually came
to speak with you.

Well, I told you,
I have nothing to say.

You know, I... I have a son.

And every day,
I hope and I pray that

he will grow up

to be a good man.

But at the end of the day,

our children
make their own choices.

And it doesn't mean that
we messed up as parents

if they make the wrong choice.

But if you teach your son

that he's not responsible for
his actions, that is on you.

That is a mistake,
one that he will pay for

over and over,

long after you're gone.

[soft tense music]

♪♪

I wanted something
for the back door,

so I just set up an old webcam.

And when I heard the police
were talking to Josh,

I gave it to a neighbor.

-She's so wasted.
-[laughter]

I'm gonna send her home.

-Bro! You're an idiot.
-Why?

'Cause I don't want her
puking all over my house?

I thought you were into her, man.

I...

I mean, yeah, but not like this.

Bro, you're missing
an opportunity.

You can do whatever
you want to her.

She's not gonna remember
in the morning.

Come on, come on, come on.

I raised him to be better.

He knows this is wrong.

♪♪

Pick them up,

all of them.

Docket numbers 89, 90, 91,
People of the State of New York

versus Joshua Berger,
Daniel Sutcliff, Scott Paletta,

one count each r*pe
in the first degree.

Dominick Carisi for the People.

Andrea Vargas
representing all three

of the defendants, Your Honor.

Waivers have been
signed, I presume?

-Yes, Your Honor.
-The plea?

Not guilty.

Proceed.

This was a g*ng r*pe.

The defendants egged
each other on and then

took turns with the victim over
a protracted period of time.

It's a class B felony,
and the People request remand.

She was voluntary intox.

Your Honor knows the law on that.

Plus, the evidence
is clear that this

was a consensual encounter.

Consensual?

She was barely conscious,
Your Honor.

You expect us to believe that she

wanted these three men
to do whatever

they felt like to her body?

-Look, is it my cup of tea?
-No.

But believe it or not,
there are some people

who favor multiple partners.

I can assure you that
the victim is not one of them.

These young men have
never been arrested.

They deserve release
or a reasonable bail.

Remand is granted.

Next case.

Captain Olivia Benson,
meet Aidan Hawkins,

fresh out of criminal court
and Harvard Law.

Impressive.

Looking forward
to working with you.

-Great.
-All right,

training starts
with jury selection, Hawkins.

You're doing the voir dire.

Who here has ever been drunk?

I know I have.

Oh, come on.

There's no judgment.

I'm not gonna ask you
about your drunken escapades.

Thank you.

Does intoxication affect
someone's judgment?

Yeah, for sure.

And if they're very intoxicated,

do you believe
they make good decisions?

Not usually.

He's good.

What is your beef with him,

aside from the tie?

He's a rich kid,
and he's definitely

not sticking around SVU.

Do you believe

someone who has become
intoxicated voluntarily

automatically consents
to whatever happens to them?

I don't think so.

Why not?

You're not yourself.

You can be influenced
to do things

you wouldn't normally do.

Mr. Hawkins,
we're about to hit noon.

Let's break for lunch.

We're back in an hour.

See you.

Bounce 4 and 11.

What?

Trust me.

Hey, Carisi, who's that?

That's Gwen Sharpe.

She's a jury consultant,
expensive one too.

Usually my office can't
afford someone like her.

She gets hired
by the big firms, you know.

Okay, could she be
working for the defense?

I doubt it.

She's known to donate her time
exonerating people

who've been wrongfully convicted.

Well, she said
to bounce 4 and 11.

Then we're bouncing 4 and 11.

I'm glad she said something.

-I would have empaneled four.
-Yeah, me too.

-All right, not bad up there.
-Thanks.

I do have some notes, though.

-We'll call you when we adjourn.
-Yeah.

Thanks for the assist.

-[sighs]
-I hope that wasn't weird.

I-I just couldn't walk away
without saying something.

I'm Olivia Benson, SVU.

-Gwen Sharpe.
-Yeah.

My ADA was very impressed,
and very little impresses him.

Are you here working on a case?

Mine is still
in pretrial motions.

-Uh-huh.
-I like to see what

the jury pool is looking like.

-It's good practice for me.
-Okay.

Well, um,

what about those jurors
flagged for you?

Well, 4 was uncomfortable

with any discussion
around sex acts.

I think she'll blame the victim
when she hears the evidence.

And 11 was lying about alcohol.

She doesn't drink.

I'd worry she'd judge
anybody who does.

And you saw all of that
from across the room?

I've been doing this
for a long time. [chuckles]

I'd be worried about
any woman put on this jury.

I know. I know.

They judge other women
more harshly.

They project themselves
onto the victim.

"I would never put myself
in that position.

"This could never happen to me.

Therefore,
the victim is to blame."

I wish that I could bring
you on for the duration.

I'd prepare yourself.

I think you're invested
in the outcome,

rightly so.

I just don't think
this is gonna go

the way you want it to.

But you haven't
heard the evidence.

I mean, look, we have these men

on video, plotting.

This is a very tricky case,

but I don't know how anybody sees

three men on one drunk woman

as anything other than r*pe.

You have faith in the system.

I hope you're right.

I just wouldn't have
gone to trial on this.

[tense music]

I thought they were my friends.

Josh and Daniel I have known
for ten years.

And so you had no reason
to be on guard with them?

None.

I thought they were safe.

Thank you, Emily.

Nothing further, Your Honor.

Ms. Vargas.

Now, is it fair to say
that no one

made you drink that night, Emily?

No one made me drink.

And you had a lot to drink.

-Objection, Your Honor.
-Is she testifying?

I'll rephrase.

How many drinks
did you have that night?

Seven?

I really don't remember.

Oh, would you like me
to read your statement to SVU?

Um, I think seven or eight.

Now, you could have stopped
at any time, correct?

Yes.

And as a result,
your memory of that night

is spotty at best.

I remember enough.

I mean, you can't
honestly sit here right now

and say whether or not
you consented.

I would never consent to that.

Oh, so you said no?

Did you push them away?

Did you do anything
to make them stop?

Well, I was looking for my phone.

I-I was trying to leave.

Or were you encouraging them?

[tense music]

-No.
-So now you say no.

But isn't it true that
you told Captain Benson

you don't remember saying no?

[crying] I don't know.

You never said no,
did you, Emily?

And then when you woke up,
you changed your mind.

-Objection, Your Honor.
-She's badgering.

-Sustained.
-Take it down a notch, Counsel.

[Emily crying]

I have nothing else.

♪♪

Redirect, Mr. Carisi?

[sobbing]

No, Your Honor.

Emily, you're free to go now.

You're free to go.

The People rest.

[sighs]

Put your game face on.

We'll take them apart
in the cross.

♪♪

The defense rests, Your Honor.

♪♪

Verdict?

Vargas came to me with an offer.

What is it?

Forcible touching, time served.

Time served.

Is she kidding?

Look, we all knew this
was gonna be a tough case.

But at least this way, they're
on the sex offender registry.

Carisi.

You can't make this deal,
not after everything

that Emily has gone through.

I'm telling you,

we're gonna get buried here.

And then they're gonna walk,
and we will have nothing.

I agree with Captain Benson.

Oh, great.

Let's hear from the guy
who was cutting deals

with purse snatchers in
criminal court six months ago.

-A deal makes us look bad.
-It's bad for justice.

It makes us look bad?

Well, so does an acquittal.

That's what
we're looking at here.

A misdemeanor?

Absolutely not.

Carisi,
you can't settle for that.

You know what, Liv?

It would be nice if, for once,

you could give me some credit
for knowing

what the hell I'm talking about.

[light knocking]
Anyway, I'm here as a courtesy.

I'm not asking
for your permission.

Hey. Sorry.

Sonny, your office called, and
the judge wants everybody back.

♪♪

I have a note here
from our jury foreperson.

"Our deliberations have stalled,

and we are hopelessly
deadlocked."

Pretty unequivocal.

Your Honor, we request that

you give the jury
an Allen Charge.

Already done, Mr. Carisi.

Then give them
a modified Allen Charge.

Force them to restart
deliberations

until they reach a verdict.

They're hung.

And I'm declaring a mistrial.

Your Honor, a motion
for the immediate release

-of my clients.
-Well, absolutely not.

The People fully intend
to retry this case

at the court's
earliest convenience.

The bail condition
should remain the same.

Yeah, I agree.

The defendants will
remain in custody.

Oh, and let's bring
the jury back in.

We'll thank them
for their service,

and then we'll start
all over again.

♪♪

I guess I just wanted
to tell you in person

after everything you've done.

Well, I just did my job,
and I am sorry that...

that it wasn't enough.

No, I'm sorry.

I always thought
of myself as, like,

this pretty strong person, but...

I was sitting there
in the courtroom,

and everybody's looking at me
like I'm some drunk wh*re.

That's not true.

It is.

I mean,

some of them thought so
on the jury.

I...

I just can't do it again.

And...

I know I'm disappointing you.

-Listen to me.
-You're not disappointing me.

It's actually the opposite.
I'm amazed by you.

You are... you are
an incredibly strong woman.

And I'm not gonna sit here
and lie to you

and tell you that another trial
would be easier because...

because it would
probably be harder.

[soft music]

And you've been through
something incredibly difficult.

And you're still here.

♪♪

Maybe I should have
just said I passed out.

It's just, like,
kind of messed up that

the truth doesn't always matter.

♪♪

Hi.

-Gwen, what are you...
-what are you doing here?

Oh, I had to meet
a client downstairs.

Listen, I heard
about the mistrial.

Oh, yeah.

I thought you might wanna
drown your sorrows a little.

I think the stay-at-home mom
was one of the holdouts

and the old guy
with the missing tooth.

He didn't like your ADA.

Well, all of this information
is super helpful

after the fact,
so thank you so much for that.

Listen, I was rooting for you.

I've been wrong before.

[sighs]

You always take
your losses so hard?

No, I don't.

What's so special about this one?

I've been doing this work
for almost 30 years,

and most of the time,
I convinced myself

that even when a case goes south

that it's the fight that matters.

That's... that's a nice way
of thinking about it.

Yeah.

We don't stop anything.

We don't prevent a crime
from happening.

We just pick up the pieces
afterwards.

But that's always
been the case, hasn't it?

You didn't pick Anti-Crime.
You chose SVU.

-That is true.
-That is true.

So what's changed?

That is the problem,
is that nothing has changed.

We're 30 years in,
and a jury gets to decide

that if a woman drinks too much,

then she deserves to be r*ped.

That is the problem.

Yeah.

That's hard.

How do you deal with that?

You know,
the work used to be enough.

My old partner used...

violence to deal with it.

He used to get physical
with the suspects.

But that took a toll on him too.

I mean,

maybe there is no good way.

Um,

so I have a...

a personal history with the
type of crimes you investigate.

It's a... it's a story
for another time.

But what I can say is,
you're right.

The world hasn't changed much
in 30 years,

and certainly, the perps haven't.

So what can you do about it?

Quit?

No.

No, I'm not...

I'm not ready to quit.

Okay.

Then the only other option
is to fight.

Just fight different.

[Elton John's "Mona Lisas
and Mad Hatters"]

♪ They know not if
it's dark outside or light ♪

♪♪

♪ They know not if
it's dark outside or light ♪

Late night visits gonna be

a regular thing from you,
Captain?

-Look, I...
-I need an arrest warrant.

For whom?

Josh Berger's mother, Stephanie.

On what charge?

Tampering and obstruction
of justice.

Hold on. Uh, uh.

Berger's mother cooperated.

She handed over evidence.

The charges will never stick.

And you can just arrest
her yourself.

You don't need a warrant from me.

I'd like to go through
the proper channels.

You wanna use her
to get her son to flip.

You wanna arrest someone
you know to be innocent

to pressure their child.

And you came to the new dumb ADA

because you know Carisi
wouldn't go for it.

I don't need
an ethics lecture from you.

I'm not lecturing.

It's a great idea, mob tactics.

If you can't get the guy,
go after the family.

[suspenseful music]

You surprise me, Hawkins.

I might suggest
adding a conspiracy

to commit r*pe charge.

You wanna pressure Berger?

That ought to do it.

♪♪

By all means.

Come in.

What is this?

Where's my lawyer?

I'm Steve Kaplan.

The judge in your case
appointed me to be

-your new defense attorney.
-What?

No, no, no,
I didn't agree to that.

Because the district
attorney's office

has an offer
that you should hear.

You arrested my mother!

She didn't do anything wrong.

We've determined that of the
three defendants in this case,

you are the least culpable.

In exchange for your testimony

against Mr. Sutcliff
and Mr. Paletta,

we can offer you r*pe two.

Sentencing is 2 1/3 to 5.

-Sex abuse three, time served.
-No.

He's useless to me as a witness
if I give him a misdemeanor.

It'll look like
we bought his testimony.

Plead to the felony, testify,

with good behavior,
you're out in two.

And any legal issues that
your mother is facing go away.

What you are doing
is so messed up.

What I'm doing is saving you

from a potential


From what I understand,
more people thought

you were guilty than not.

This is a way
to save yourself, Josh.

I recommend you take this deal.

Fine.

I'll testify, but my mom
has to be out today.

Great news.

We'll be in touch as soon
as my boss signs off.

[buzzer blares]

What the hell was this, Liv, huh?

After all these years,
you're gonna go behind my back?

I didn't wanna put you
in a position...

In what position?

Wrongly arresting an innocent
woman to get to her son?

-That one?
-Sonny, listen...

No, you need to walk away
from me right now.

Okay, Carisi, I...

-let's just talk, please.
-Liv,

you know what?

You think you're the only person

who cares about these victims.

And so you push, and you push,
and you push,

until you get what you think
is justice.

Yes, I do,
because somebody has to.

[soft tense music]

I... I didn't mean...

-I didn't mean it like that.
-Yeah, you did. Yeah, you did.

That's why you're sitting in
the courtroom every day, huh?

No.

Watching me to make sure
I don't screw up?

Carisi, stop.

That's... that's not it.

I did what needed to be done.

Josh flipped.

He's gonna testify
against the other two.

This is good news.

This is the best outcome
that we could have hoped for.

You get a new trial
with Josh's testimony,

and I'm certain
that Emily will testify.

This is... this is a win.

♪♪

What is going on with you, Liv?

♪♪

[gate slams]

♪♪

Mr. Berger, when did you decide
to take Emily into the bedroom?

She was dizzy.

She said she wanted to lie down.

And at that point,
was she extremely intoxicated?

-Yeah.
-She could hardly stand up.

So what happened when
you got into the bedroom?

I, uh, laid down
next to her in the bed.

Did she say anything?

She kept asking
where her phone was.

Did you give it to her?

-No.
-Why not?

Scott had it.

Why did Scott have it?

She was trying to get an Uber,

and he took it from her
so she couldn't.

Did either of the defendants

come into the bedroom
at any point?

Yeah.

Both Scott and Danny came in.

And then what happened?

Mr. Berger,
please tell the jury

what happened after the
defendants entered the bedroom.

Um...

So by then,
Emily was passed out, and...

♪♪

Scott took off her pants.

And he was like, come on, man,

you go first.

And at that point, you r*ped her.

♪♪

Yes.

What happened next?

Scott told Danny to go next.

And then he told me
to stay and watch.

And...

then Scott took his turn.

Was Emily conscious during this?

She kept waking up
and passing out.

So your testimony, to be clear,

is that there were times
when Emily

was completely unconscious.

Yeah.

She had no idea what was
going on for most of it.

I'm sorry.

I'd been thinking about her
so much and...

fantasizing, and...

I convinced myself
that she wanted it.

♪♪

That if she was awake,
she would have wanted it.

♪♪

As to the charge of
r*pe in the first degree,

how do you find the defendant,
Daniel Sutcliff?

Guilty.

As to the charge of r*pe
in the first degree,

how do you find the defendant,
Scott Paletta?

Guilty.

Ladies and gentlemen, on behalf

of the People of the State
of New York, I thank you.

-Great...
-great work, Carisi.

Thank you.

♪♪

Okay.

♪♪

[dramatic music]

♪♪

[wolf howls]