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tv   News Channel 3 News at 530  CBS  February 12, 2016 5:30pm-6:00pm EST

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switch to liberty mutual and you could save up to $509 call today at see car insurance in a whole new light. liberty mutual insurance. file nbers 43546 and 47 rape in the first degree, sodomy in the first degree unlawful imprisonment and assault in the third. is this accurate, counselor? i wouldn't waste the court's time, your honor. i'm not entirely sure about that, since you're trying to set a very unusual precedent. my sentiments exactly. perhaps someone's looking for ink. objection. save your strength, ms. cabot-- you'll need it. how do you plead? not guilty. not guilty. are we severing? not at this time. any objection to recognizance? none, your honor. next case. i admit to having intimate sexual relations with the alleged victim
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my only crime is being a confident assertive professional with a healthy sexual appetite. if peter smith succeeds, it will only numb the public to the real plight of rape victims everywhere. by the time she's through, she'll have victims' aocates feminists, and enlightened men burning you in effigy. thanks for the heads up. this indictment's ludicrous. your client can spin all she wants. we both know what happened that night. grand jury believed the victim. another jury will too. you're making a mockery of women who are preyed on by men. they're the enemy, not my client. i guess i just heard your closing argument. there won't be a trial. see you in chambers. you wanted to see me? alex, it's a pretty high-profile case. you sure you haven't bitten off more than you can chew? i don't think so but i guess since i've been summoned here you don't agree. well, i have some doubts.
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using a male stripper in the first real test of the rape statute is not a very judicious choice. his profession is irrelevant. aryou asking me to dismiss the charges? no, but i hope you won't mind if stan sits first chair. you say that as if i had a choice. no, come on-- we'll tag team. i just want you handling cross on the female defendants if they elect to testify. i don't want to look like rick lazzio bullying hillary. you want me to run for coffee, too or am i just the female attorney by your side for the cameras? you're a highly skilled attorney. i have every faith in your abilities. but i'm stillsitting second chair. you also have a personal history with pam adler. people will question your motives. i lost an important case to her once. that does not mean i haven agenda. i don't like to play politics but we can't be naive. if they nd a way to use it, they will. preemptive strike? that and just making sure that our complaining witness
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we speak for him, so let's keep our eye on the ball. they want us to think it's a motion to dismiss. they're tryingto challenge the law. this is a deceptive attempt by the defense to argue constitutional law in front of you. this should only be heard in an appellate court. i intend to prove merit for dismissal. the legislature saw fit to change the law for political correctness. the old rape statute said that only a man can be charged with rape in the first. that's gender bias. people v. liberta-- a bias pointed out by a wife-raping convict trying to get out on appeal. mr. liberta did not win that appeal and the only thing the brief accomplished was to force the legislature to change the law. and they were so outraged by the bias in the law
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counselors? it's still a constitutional argument and it should only be heard if ms. maddox loses the trial. if it's all right with you, i'll hear the argument anyway and trust me when i say be prepared, be diligent, and be very brief. rape is a violation of body and mind. a violation that comes through penetration. women can't rape men. a woman can be prosecuted for sodomy one by fellating a man against his will. she's not the penetrant, but she's still guilty. i contend that arousal implies consent. a physiological response does not override a vocal no. most men do not maintain an erection through fear, counselor. but some men do. what do you propose, a tumescence exam? save the wit for your friends, ms. cabot. medical studies document that some female victims experience ausal during their attacks. rape is not about sex. rape is about violence and rape is about control.
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under this charge because we are the victims not the perpetrators. it was not that long ago thathe court reacted with disbelief that a mother could murder her own child. now she's the firstperson we suspect. your honor, women do not have the anatomical equipment to be equal to men under this law. the law makes no room for selective equality under the first amendment. either women are equal to men, or they aren't. motion to dismiss is denied. ( gavel pounds ) so this means we go to trial. it's a minor victory. now comes the hard part. it's already started. i'm getting harassed. nasty phone calls, women following me shouting at me, chased by reporters and cameras. well, it's only going to get worse because now the defense has a chance to dig around in your background, poke holes in your story. so anything you want to change, you'd better do now. my father told me my private life was inadmissible.
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it isn't but i have to be honest with you-- there are ways to get around it. you seem very concerned. is there something you haven't told me? no. okay. go home, get some rest. is there any way i can get a ride? i know the vultures are waiting out there. yeah. i'll take care of it. villani: what time did peter smith show up at the party ms. guevere? i can't be sure after all this time but around 10:00, maybe. what happened then? he did his dance just shaking his... stuff in our faces and we'd slide dollars into his thong and it had a big badge in the front. were the defendants present at that time?
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well, when did you noce their absence? when poor sydney came out and told us all to leave. to leave? why do you think she did that? objeion, speculation. sustained. i'll rephrase. was this something that ms. green usually did? i mean, did she usually invite people over and then put them out? no. she'd had parties before and never acted like that. i thought it was rude at the time, but... i needed to get home and relieve the baby-sitter. nothing further. i have no questions for this witness. villani: so how did pam adler, sydney green and amelia chase subdue you? one of them had a letter opener. she tried to stab me. i kept backing up. i just thought shd had too much to drink. so did you try to subdue her? did you try get the weapon? i couldn't.
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the other two were pulling me back. i still thought i was okay. women get a little drunk, blow off some steam away from their husbands for a night. i usually handle it and shrug it off. but this was different? objection, leading. what happened to make this time different than all the other times when you had left a job unscathed? when they cuffed me to the bedpost. it was so quick. who cuffed you to the bedpost? for the record the witness is pointing to the defendant amelia chase and nothing further. objection! objection! approach. i find an accused rapist cross-examining the victim repulsive. explain yourself.
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in good standing, she's the co-counsel of record, and she's protected by the constitution to run her own defense. this is an intimidation tactic used to undermine the witness. she is asking him to relive the rape. objection, alleged rape. this is an aggressive psychological ploy. that may very well be the case, mr. villani but i don't have the power to bar her from cross. you take one step over the line and i will hold you in contemptfor the duration. step back. mr. smith do you go to a gym? work out on a regular basis? objection, relevance. my line of questioning is within the scope. i can clearly prove that this man is more than capable of protecting himself from three women. sustained.
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mr. smith, did you file a civil suit for $5 million against sydney green? sir, don't look at them. look at me. did you file a civil suit? objection! badgering. i needed information. yes or no? that's not how it was. your honor, please order the witness to answer. sir, you havto answer the question for the record. yes. defense exhibit, your honor. a copy of the civil suit filed by the alleged rape victim four months ago. i didn't want money-- i wanted names. your honor
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i'm sorry, ms. cabot. i didn't think it mattered. everything matters. you jeopardized this trial. what else did you lie about? nothing. now why would anybody believe that? why didn't you tell us about the lawsuit, peter? detectivstabler's been on my ass from the very beginning, looking for any reason to drop it. if i'd have told you about the suit he would've said i just wanted money. well, isn't that what this has been about all along? a payday for you, a little media attention? no. i wanted my rapists' names. the cops didn't treat me seriously. how else was i supposed to get the information? if you'd won, you'd have received a monetary award. the money would've gone to the animal shelter. my rapists' names would've gone on public record. that's very noble but i still don't see how we can prove your motives were anything but venal. what if we talk to the civil attorney get some corroboration? can we put him on the stand? oh, this is just a spin. what have you got against me?! i was raped. sydney green was coming forward. what? sydney green called you? my lawyer. after you accused me of killing her, i called him.
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but the death nullified the suit. so what did i do wrong? turns out peter was telling the truth. the lawyer said he didn't want the money, just the names. did he confirm sydney green's compliance? the day before her death she contacted the lawyer to set up a meeting. that's convenient. sounds like a motive for murder. saves the trouble of a high-profile trial maybe even a prison sentence. i re-interviewed andrew green. he didn't know about e civil suit. but pam adler had a copy of it. how did she even know it existed? the record gets expunged when abated by death so adler had to have a prior copy. sydney green callup her friends tells them she's giving in, they kill her. i thought the medical examiner ruled the death accidental. no harm in taking a second look. justin's a good pathologist but not very imaginative. you find something? female autoerotics are rare so it's hard to rule on cause of death. which is why the first suspicion is homicide.
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what did he miss? most women don't use porn. they fantasize. also, autoeroticism is habit-forming. if your victim frequently choked herself where's her towel or silk scarf something to keep the rope from chafing? it's vanity. no way to explain the ring around the collar. some women don't use a buffer so they'll wear a turtleneck or a scarf something to hide the evidence. well, if she were strangled wouldn't there be some evidence of a struggle? damage to the body? didn't take longfor the victim to succumb to hypoxia. and the ropes were tied properly so whoever staged this is a practicing autoerotic. okay, well, doc you wanto take a look at the crime scene? sure. so the phone dump shows two calls one to each woman the morning of the attack. she gives them the news that she's caving in to peter's demands to save her marriage. they decide to kill her, they come prepared. quickest way to do that is a blitz attack. right here, not in the bedroom.
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they say, come on, sydney let's talk about this. there's got to be another way we can handle this. we can deal with it, okay? well... you did say there was no struggle. exert a little pressure and anoxia would occur almost immediately. soon as she's out cold they carry her into the bedroom. truss her, string her to the fan and the hypoxia takes care of the rest. we thinking they staged the scene? candles, music, sexy teddy? maybe they didn't have to. she was waiting for her husband. a little make-up sex? looping the ropes would've taken some time. not if you know what you're doing. csu didn't dust for prints. not the whole beam, just the area around the fan. this better be good, ms. cabot. it is. your client is under arrest for the murder of sydney green.
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depends on what you have. plead out to murder two and all current charges in exchange for her testimony against pam adler. i'll give 12 1/2 for the homicide seven to 15 for the rape. your generosity overwhelms me. it's a good deal, mr. harper. your client would be advised to take it. what are you basing this on? ms. chase's prints were found at the crime scene. my client was a iend. she's been to the apartment several times. prints will never hold up. the victim was strangled, mr. harper. your client's printsere found on the bedroom ceiling above the bed. we also searched her apartment and found autoerotic paraphernalia. it's all circumstantial. we're done here. ask your client to remove the scarf from around her neck. oh, now, please... stop. crunch your numbers again. by the time i get out of prison i'll be eligible for senior citizen's discounts.
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tell me about the rape. sydney was getting married. neither one of us like the guy. he seemed beneath her. so sydney planned her own shower. booked a male stripper as entertainment. so peter smith entertained the ladies and then what? pam pulled me aside. said she'd worked out an arrangement with the guy for a private performance. i thought what the hell, he was hot. what happened then? pam and i went into sydney's office to wait. after peter followed mrs. green in the bedroom what happened next? we cuffed him to the bed and raped him. i got his keys out of his pants pocket and released him when we were done. pam threw some cash at him and he left. thank you.
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do you know how the law defines rape in the first degree? sexual intercourse through forcible cpulsion. and is it your testimony that that's what happened that's correct? yes. three women raped a six-foot, 170-pound man. is that what you did? yes. well, did any of you have a gun, a knife weapon of any kind at all? pam had been waving a letter opener. was it sharp? no. did mylient say anything to the stripper? did she give him orders? no, she lunged at him a couple of times and he kept jumping back. who handcuffed him to the bed?
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so you raped the strper, not my client. my client paid for his services. objection, is there a question? sorry. did paying mr. smith seem like the act of a rapist or that of a satisfied customer? objection! was it your testimony that ms. adler made arrangements for mr. smith to have a private performance? that's what she said but... and did you see her give him money? a simple yes or no will do. yes. on the charge of rape in the first degree how do you find the fendant? not guilty. on the charge of sodomy in the first degree? not guilty.
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not guilty. and assault in the third degree? guilty. the defendant is free to go until sentencing. court is adjourned. peter, i'm sorry we di't get them both. one's better than none. congratulations, counselor. you put up a good fight, alex. well, i didn't get the ruling i wanted, but... xtmaybe ne time. you're under arrest for e murder of sydney green. i'll beat this charge, too, counselor. just watch me.
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looks like next time's now. feel like bargaining over a drink? my best offer is 25. 16, you can pick up the bar tab. that's crazy, she'd be out in 12. or: in the criminal justice system
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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. woman: you're being ridiculous. you're being ridiculous. excuse me. you practically got into a fistfight with the parking guys. so, i'm just supposed to let them rip us off. suvs cost more to park. didn't you read the sign? it didn't say 45 bucks. that's an entire dinner in fort lee including parking. now there's going to be traffic on the gw. i hope you had fun tonight. you obviously didn't. kevin! what? the door is all wet. damn it. i just had it washed. what did you get on my car? i don't know. i-i got a leaky pipe up there. i don't know. what is this? oh, god! that was quick from queens. i stayed in the city tonight. what do we know? parking attendant found her on the second level nakefrom the waist down.

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