Law & Order: Trial by Jury (2005) s01e12 Episode Script
Boys Will Be Boys
[Man Narrating.]
In the criminal justice system all defendants are innocent until proven guilty, either by confession, plea bargain or trial byjury.
This is one of those trials.
Take off your belt.
What? Why? Just take it off.
Watch, tie, shoelaces.
Those too.
- Oh, you don't understand.
These were a gift.
- In the bag.
- What now? - Your hand.
Pick up your coat.
Gimme your right hand.
Index finger.
[Machine Beeping.]
Move over there.
Mr.
Duvall, nice big smile.
- [Machine Beeps.]
- Prints accepted.
Turn around.
You don't have to do that.
You have any sexually transmitted diseases? What? No.
Then let's go.
Where are we going? Central Booking.
T.
B? Hepatitis? Of course not.
Lice? No.
History of seizures? No.
L- l-I wanna make a call to my mother.
Phone privileges are handed out in the order in which you were booked, so you have to wait a while.
I think that's for me.
You Kibre? Tracey.
It's solid.
From what Novak told me, you two did good work on this.
Thanks.
We're looking for eight to 10 for the guy who beat Novak and took her off this case.
Let's see if we can't do a little better for Mr.
Duvall.
Yep.
How's she feeling? Casey? All right, considering.
We got the guy for murdering one woman and raping another, so just tell us, please, there's no chance of him walkin' outta here tonight.
I'd be shocked if he made bail.
- Of course he made bail.
- It was two million dollars.
Chump change.
We're talkin'about the Duvall clan.
That family's influence is one of the few things left that dates back further than I do.
- Money doesn't mitigate murder.
- Hey, you get no argument from me.
You should have seen Gabriel's mother in arraignment court- that sense of entitlement, not to mention the fact she completely dis- Assistant D.
A.
Kibre, this is Eleanor Duvall.
How do you do? Tracey was just leaving.
Hmm.
Pleasure.
Pretty girl.
Come on, Ellie.
You don't like wasting time any more than I like having it wasted.
I don't expect you to put a stop to this nonsense, Arthur, but I do ask you to be compassionate.
Gabriel is my only child.
He's a good boy.
Who's gotten himself into a heap of trouble.
Oh, hokum.
Attacking those women? Please.
He couldn't have done it, Arthur.
He was raised better than that.
Well, I'll keep my eye on things.
But you keep your eye on him.
I won't blink.
[Speaking Spanish, Laughs.]
[Continues In Spanish.]
[Giggles, Continues In Spanish.]
The only people who care about old money are old money.
Heard she paid Branch a visit.
She not a fan of our courthouse? [Chuckles.]
I believe the word she used was " unclean.
' ' Still no hint of a plea from Whitaker.
Leaving me to wonder what trumps D.
N.
A.
Evidence and a solid witness? Nina Zergin's grand jury testimony was unshakable.
So was she.
She risked everything to come forward on her rape.
We're gonna get this guy, Casey.
We found the D.
N.
A.
Of Gabriel Duvall and Marguerite Beauclaire, the deceased victim, on the tissue.
Which was pulled from a precinct trash can.
Would you be surprised if half the perps in New York left D.
N.
A.
On it? Uh, w-wait a second.
Can you speak to the technique that you employed? The defendant's sample was large and easy to develop.
We used S.
T.
R.
- What about the victim's D.
N.
A? - [Woman.]
There we were dealing with a degraded sample.
We had to use a composite I.
D.
That included S.
T.
R.
, S.
N.
I.
P.
- And mitochondrial D.
N.
A.
, which can't be used to positively I.
D.
Someone, correct? In and of itself, no, but when read in conjunction with other analysis, it can.
- Do the People have any further evidence? - No, Your Honor.
Thank you.
We'd like to call our own witness, Your Honor, to dispute M.
E.
Warner's opinion.
There's no need.
I'm well aware of the debate regarding the validity of a composite identification.
The dust hasn't settled in the scientific world.
When they are ready to accept it, so will my court.
Can you still go forward with your indictment without the D.
N.
A.
Evidence? Without it, we cannot meet our burden.
Well, then the count charging Gabriel Duvall with the murder of Marguerite Beauclaire is dismissed.
But the one count of rape remains.
[Kibre.]
He didn't commit a murder and leave nothing behind.
- If it's out there, I'll find it.
- Yeah? When? Listen.
Everybody knows you were handed a crap case.
Don't take it out on me.
[Man.]
Suggestion? Yeah? I grew up with rich kids like Gabriel.
There's one thing that they all have in common- is that none of them were raised by their own mothers.
So you're saying nanny? [Kibre.]
Look into it.
Better yet, look into anybody who ever worked for the Duvalls.
I just got off the phone with the civil clerk's office.
Six years ago, a sexual harassment suit was filed against an employee of Everton Consulting.
- Tell me it was our guy.
- Gabriel does freelance work in their I.
T.
Department.
Another opportunity for you to work your magic with the ladies.
You don't look like lawyers.
Well, uh, we're D.
A.
Investigators.
Mind if we ask you a couple questions? [Woman.]
About? The sexual harassment suit you filed against Gabriel Duvall - We know there was a settlement.
Is this a criminal case? Mm-hmm.
So confidentiality clauses don't apply? - I dated a lawyer.
- Hmm.
What inspired the suit? Gabriel worked out of a cube right next to the ladies'room.
Every time I'd come out, he'd be standing there waiting to talk.
I felt bad for the guy, so I'd say we'd talk later.
Well, the next time I'd go to the bathroom, he'd ask me if it was "later" yet.
Sounds persistent, not dangerous.
He'd say things to me no one in their right mind should say at work.
I went to Human Resources, but they wouldn't act.
Amazing what family money lets you get away with.
[Gabriel.]
It was consensual.
[Whitaker.]
Not according to Nina Zergin.
She's saying that you raped her, and then you gave her $5,000.
If I raped her, why would she take the money? Why were you having sex in an alley? I wouldn't bring a girl like that home.
Ajury's gonna love that.
People have sex in all kinds of places.
It was convenient.
I think that's enough for one night.
Oh, darling, you've hardly touched your dinner.
I wanted meat loaf.
Would it be all right if I was excused? I still have to unpack my books.
Gabriel's very particular about routines.
Well, he hates staying here.
But with the press camped out on his doorstep - Anything you can do to make him comfortable.
We've gotta keep him on his game for his testimony.
Oh, that won't be necessary.
Well, you didn't invite me here just to chat.
We both know this is going to trial.
This Nina girl- is her testimony all the prosecution has? Nina called the community center.
By the time I arrived, she'd already started to clean it up.
She was in hysterics when I found her.
Nina.
Nina, are you hurt? [Sniffles.]
- Were you here when they did this? - She was at work.
The night shift.
What does it say? It's what they call me now in the street, at the market- [Sobs.]
"Prostitute," " whore.
' ' She's not safe here.
Hey, come on.
Let's get you to a hotel until we can relocate you, okay? [Sniffles.]
Okay.
They did this to keep me from talking.
Now I have no reason left not to.
I can't believe you're not going after them for witness intimidation.
How would we prove it- trace the spray paint on Nina's walls? - Anyway, it only strengthened her resolve and showed us what they're thinking.
- Which is? They're scared.
Did you find our nanny yet? Eva Wilke.
We know she was German.
She left the Duvalls when Gabriel was packed off to military school.
But she went back to Germany years ago.
Well - [Sighs.]
Before Nannygate, weren't most houses with staff hiring undocumented workers? [Gaffney.]
I checked that.
According to Immigration, the Duvalls have sponsored a series of aliens over the years.
All legit.
There was that nanny, and an Irish maid named Julia Lonegan.
She's currently in the Bronx at the, uh, Fayerweather Nursing Home.
You seem a lot younger than most of the residents here.
C.
H.
F.
- It's a technical term for a lazy ticker.
I got tired of being a burden on everyone I loved, so I checked myself in here.
Let me ask you.
You came over from Ireland.
Came to work for the Duvalls from 1971 to 1974.
- Yes.
- Not the best time to be in Belfast.
My brother was killed in the uprising.
My father knew someone here who worked for the Duvalls, so I went from being Catholic schoolgirl to housemaid.
So why did you stop working for them? Because they asked me to.
You're here about Gabriel.
[Ravell.]
What makes you say that? It's just a matter of time.
I'm sure he raped that woman.
He was only 14 years old when you stopped workin' for the Duvalls.
How would you know that? Because he raped me too.
Both women are here? In two separate rooms.
I hate putting Nina through this again.
Well, it might help us find a signature.
Signature? Serial rapists often exhibit a repetitive behavioral pattern.
Sometimes they're not even aware they're doing it.
If we can establish Gabriel's, we tie the two rapes together.
And we've got him.
- It's right here.
- The nanny was away, so I was giving him his bath.
He was 14 - a little old for you to be bathing him, isn't he? Gabriel was forgetful.
Uh, he was a little bit touched, you know? Sometimes he went days without washing, and the children at school were making fun ofhim.
So I would draw the bath and wash his hair, and he'd do the rest.
Okay.
And this time, it was different.
I know it wasn't right, but Mrs.
Duvall insisted.
I tried to hand him the washcloth, but he wouldn't take it.
He seemed confused.
- He was-you know.
- Erect? He asked me to "take care of it," and then he said, " Please.
' ' He kept repeating that word: "Please.
' ' "Please.
' ' He said it over and over again.
He had his pants down around his ankles.
[Quietly.]
Nina, you take as much time as you need.
He pulled my underpants off, leaned into me.
Inside I could feel a burning.
I was crying- not just from the pain, but because of what he was taking from me.
Then he stopped.
I'm sorry.
He stopped- To wipe away my tears.
I didn't even realize I'd started crying.
I was what they used to call a"good girl" in those days, and what he was doing, it hurt me.
And he wiped away your tears? Yes.
A nd then he started to rock me in his arms and stroke my hair, like a mother does a child.
He stroked my hair and whispered, "Shush.
' ' He was finished, but he held me like a baby.
Is that when he gave you the money? He put it in my hand and closed my fingers around it.
Why would he do something like that? I felt it was my duty to tell Mrs.
Duvall what had happened.
She called me a whore, threw me out of the house.
I had nowhere to go.
I couldn't go home.
I'm ashamed to admit it, but she gave me a great deal of money, and I took it.
Did Gabriel see this? He was standing there in the doorway.
Does the nameJulia Lonegan mean anything to you? She worked for us.
I fired her.
Thank you, Rita.
I'll take it from here.
[Clears Throat.]
She's saying Gabriel raped her.
That's ridiculous.
Why should I give credence to lies? Well, to you it's lies.
Ajury can see it as convincing testimony.
She demanded money.
I gave it to her.
She went away.
Apparently not far enough.
Gabriel may have had difficulties in the past, but he worked very hard to overcome them.
No one will talk.
That's just it.
People are talking.
It's time you did some talking of your own.
The investigation into Nina's rape alluded to several other attacks, all ending with the victims receiving money.
We getJulia's story in, and it opens the door to nailing Gabriel for the other rapes.
[Knocks.]
Tracey, you might wanna take a look at this.
[Mrs.
Duvall On TV.]
Talk about the South Bronx Youth and Recreation Center.
To which you have made a sizable donation.
But I wouldn't be worth my weight if I didn't mention the trial.
Your son, Gabriel- Unbelievable.
Is facing some pretty serious charges.
We're an easy target.
There's talk of more allegations from a former employee.
Well, when you open your home to someone, you're putting yourself in a potentially vulnerable position.
[King.]
So you're saying there's no truth to her accusations? People hear the name Duvall and think "idle rich," but what I really am is a widow and a mother.
I trusted someone, and she's betrayed my trust.
[King.]
You're saying she wanted money? [Inhales.]
Well, I'm not at liberty to discuss the case.
These women, most of them work the night shift, cleaning offices and- and stores and- and fancy homes like this one.
They can't afford to be here, but they are, because they have to believe that Eleanor Duvall isn't the only one to be heard.
[Horn Honks.]
There he is! Duvall, you gonna take some questions? Hey, come on.
[Protestors, Reporters Clamoring.]
[Man.]
Rich rapist! - [Woman.]
On behalf of your- - [Reporter.]
Just make a statement.
- Get a shot.
- [Man.]
Put him in jail! [Man #2.]
He's guilty! [Clamoring Continues.]
You all right? [Man.]
Pervert! [Whitaker.]
No, no, no.
Come on.
Let's get inside.
Gabriel, come on.
I'd really like to get you to a doctor.
Gabriel? What? - A little farther over, that rock could've taken out your eye.
- Oh, it's not just a rock.
See, intense heat and pressure have transformed the shale into a - a conglomeration of minerals.
You see how it glints? Yeah.
I'm- I'm gonna call a doctor.
[Shatters.]
[Shards Clinking.]
[Clinking Continues.]
I can't say that I'm surprised.
What - that Trillin imposed a gag order, or that it took him so long to do it? [Woman.]
Don't tell me to calm down.
I've been waiting for over an hour.
- Where's this Kibre person anyway? - She's right here.
What's this about? Eleanor Duvall's smear campaign.
If you're here to come forward about something Gabriel did to you - He didn't rape me.
He raped my mother.
Julia Lonegan's my mother.
She helps you and gets called a money-grubbing whore on Larry King.
What can we do? Stay away from her.
You've done enough.
- [Knocking.]
- Got your messages.
What's up? I had a visit today from Julia Lonegan's daughter.
Didn't know she had one.
Neither did I.
Checked her birth records.
She's gonna be 31 in May.
Julia didn't get married until a year after the birth, which means there's a good chance that Meg is the product of her mother's rape and doesn't know it.
- How can you be sure? - Well, Julia said she was a virgin when Gabriel raped her.
If Meg is his daughter, I want to prove it.
- You're not gonna tell her.
- Oh, come on, Casey.
I got handed a dog here: A murder charge that evaporated, a rape victim with nothing more than her word, no D.
N.
A.
, no witnesses- and to back it all up- an alleged rape from 30 years ago? You try what you have.
Well, without Meg's D.
N.
A.
, I have no chance in hell.
My mother already told you everything.
What more do you want? We need a D.
N.
A.
Sample.
I won't let her give you one.
Not from your mother, from you.
Oh, my God.
Your mother told you about Gabriel Duvall.
When? This morning.
A cop called her asking for my work address.
She hung up on them and called me.
It was you who called.
Your mother is the only one that had the right to tell you.
I just made sure that it happened that way.
I already have a father.
The man who raised you and the man who loved you will always be your father, and nothing is ever gonna change that.
This isn't happening.
That monster raped my mother.
Your mother found the courage to tell us what happened.
Your mother found her voice.
Don't be the one to silence it.
[Quietly.]
Thank you.
The D.
N.
A.
Is a match.
In 1974,Julia Lonegan was raped by Gabriel Duvall.
- Allegedly.
- She'll testify to that fact.
We're talking about something that may have happened 30 years ago.
There's no bright-line rule that determines when Molineaux evidence is too remote.
The complainant is a woman who is currently under a doctor's care.
She's taking a series of medications- H.
C.
T.
Z.
, benzos - all of which have been proven to cause confusion in the elderly.
Take it up on cross.
- And I'd hardly call 55 " elderly.
' ' - Well- I'll issue my ruling on the admissibility of the Molineaux evidence after lunch.
[Whitaker.]
Thank you.
[Door Opens.]
Ladies first.
Eleanor, sorry I'm late.
We went over.
Mm-hmm.
Where's Gabriel? Oh, just takin' a walk.
We're gonna meet back at the courthouse after lunch.
Was that girl there? No.
Neither was the mother.
I suppose she's expecting some inheritance.
We'll burn that bridge when we come to it.
So where are we? If the judge doesn't allow Julia Lonegan's testimony, it goes away- jury never hears about it, and your position stands.
In other words, it never happened.
Nina's word against his.
On the other hand, ifJulia's testimony does get in, along with the fact that her daughter's D.
N.
A.
Is a match, a jury could believe it.
And if they believe that Gabriel raped Julia, there's a- there's a good chance that they'll believe he did the same to Nina Zergin.
What are we going to do? Convince them otherwise.
Gabriel was 14 at the time, and Julia was 23.
I mean, who's to say that she didn't seduce him? Mr.
Whitaker, where, oh, where can your client be? - I believe he's on his way.
- Believing and knowing are two very different things.
The defendant's violating the terms of his release.
You're correct, and I'm issuing a bench warrant for his arrest.
Now let's proceed with our discussion while we await his arrival.
I've reviewed your supplementary briefs, and I believe that the crime was simply too remote.
But Your Honor - The timeline isn't all that concerns me.
Even if Mr.
Duvall had been tried and convicted of rape at the time, he was a juvenile.
- Right.
- We're not asking for a juvenile conviction to be admitted, simply the substance of the bad act.
And either way, the records would have been sealed.
Julia Lonegan's testimony is out.
I don't know which is worse - losing Julia's testimony or having to tell her that we did.
You can't second-guess it.
Why not? Only took us a couple of days to screw up what had took her 30 years to try to make right.
She didn't have to come forward.
We would have pushed her, and you know it.
[Sighs.]
Give me a good old-fashioned homicide any day- Then you don't have to look your victim in the face.
Did you check your pager? Gabriel Duvall was just arrested.
He jumped a woman down on Varick.
Son of a bitch did it again.
Well, not quite.
They caught him before he got the chance to follow through.
She fits his pattern: 23 years old, domestic.
Where is he now? [Ravell.]
Lawyer still hasn't showed? L-I don't need Mr.
Whitaker here to explain this misunderstanding.
Whoa.
You-you slow down.
We can't discuss this case without your lawyer present.
- This is a waste of time.
Let me explain.
- Can't! Against the rules.
L-I was agitated because of what happened in the judge's chambers.
Like we said, we can't hear you.
Can you imagine the gasket Whitaker would blow if he thought we were questioning his client? Forget the lawyer.
I'm worried about his mother.
[Ravell Chuckles.]
Well, I believe I can explain my own actions without my mother.
[Ravell.]
We've advised you of your rights.
That girl you say I attacked wanted to help me.
That's what those people do.
When I was a child and I got excited, my nanny took care of it.
She didn't want me touching it.
She said it wasn't allowed.
It's like she said: If someone doesn't make it go down, you have to cut it off.
Gabriel, shut up.
You two, out.
Well, since he asked so nicely.
- [Sighs.]
- I want you to take me home now.
Can't do that this time.
What do you mean? They're not taking that woman seriously? She hit on me.
She says you attacked her.
[Hits Table.]
That's a lie! Calm down.
- Gabriel- - Is this a trick? This must be a trick.
They're paying her to do this so they can keep me here! Now your sex life has caught up with you, and you're gonna have to pay for it unless you listen to me right now.
[Quietly.]
There's one way I see us beating this, but I'm gonna need you to go along with it all the way.
Happy? What can I say? Christmas came early this year.
You know I'm getting the interrogation tossed out.
[Scoffs.]
It was more like an opera.
They couldn't keep your guy from singin'.
No.
They crossed the line.
I don't need his words.
His actions speak for themselves.
We'll see.
In case you forgot, this is where we talk plea.
Oh, I wouldn't be serving my client well if I recommended an admission.
You're nuts.
No.
My client is.
I'm filing notice of an insanity defense.
[Dr.
Olivet.]
How about this one? [Gabriel.]
Excited? No, wait.
That's wrong.
Funny.
I'm not sure.
What do you do when you can't tell what someone's thinking just by looking at them? I listen.
To their voice? No.
That can be misleading.
People sometimes employ sarcasm.
It affects their tone.
I listen to the words.
Do you think people always say what they mean? Why would they say it if they didn't mean it? I know that one: Surprise.
That's right.
How did you know? At home we have books on nonverbal communication - body language.
You work hard at reading people.
I try.
But the books, they're limited.
For example, your arms are crossed.
That's an aggressive stance.
Are you threatened? No.
Well, you see? Human behavior isn't discernible, because it isn't fixed.
You can never really know what a person means by how they look or what they say.
Ten different people have 10 different smiles.
I know you don't want to hear it, but I agree with the defense's evaluation.
You're saying he's autistic.
Asperger's Syndrome does fall within the spectrum of autistic disorders, but there is a debate as to where it fits.
It's a convenient time for a diagnosis.
Well, A.
S.
Was virtually unknown until a few years ago.
In many cases, it went undiagnosed or ignored.
So they're gonna use it as some kind of an excuse? It'll be hard.
There's no known connection between A.
S.
And violence.
- So this isn't typical behavior for someone with this syndrome? - Absolutely not.
As a matter of fact, most people who suffer from A.
S.
Are much more likely to be the victim than the aggressor.
So you want me to feel sorry for him? Liz, he raped and ran.
I'm here to make a psychological assessment, Tracey, not defend his actions.
A.
S.
Certainly isn't the cause, but it could be a factor in Gabriel's aggressive sexual behavior.
Or a last-ditch effort to set a serial rapist and murderer free.
[Sighs.]
Your calendar just opened up.
I'm not gonna be calling you to the stand.
[Kibre.]
Can you point to the man who raped you? May the record reflect that the witness has identified the defendant, Gabriel Duvall.
The record shall so reflect.
Thank you, Nina.
Miss Zergin, you- you said that you were coming from the subway when you were attacked.
Is that correct? Yes.
- Was the train crowded? - It was 3:00 in the morning.
Did you happen to notice if Mr.
Duvall was riding in the same car as you? I don't know.
I bring a book along with me to read.
- Are you saying that he wasn't there, or that you didn't see him? - I didn't see him.
- So you didn't talk to Mr.
Duvall? - Objection.
Asked and answered.
Mr.
Whitaker, you've made your point.
So when you were leaving the train, did you, uh, happen to ask anybody for the time? [Voice Breaking.]
Oh.
L- Did you ask Mr.
Duvall what time it was? [Sobbing.]
Yes.
So he was on the train with you? I didn't remember.
Did you look at him when you asked him? I must have.
Did you smile? - Objection.
Relevance? - I'll allow it.
I don't know.
Don't you usually smile when you ask someone for a favor? - Objection! - Sustained.
You looked at no one but my client.
You spoke to no one but my client.
You singled him out, and you asked him what time it was, yes or no? [Sobs.]
Yes! No further questions.
When in doubt, blame the victim.
They're gonna need a lot more than that.
It's an addendum to the witness list.
Who? Dr.
Elizabeth Olivet.
When you meet someone for the first time, you make a series ofjudgments.
You take into account their expressions, the tone of their voice.
How is it different for someone with A.
S? They find it more difficult to read social signals.
So asking someone for the time could be confused with a come-on.
- Objection.
Relevance.
- Sustained.
How does A.
S.
Affect sexual development? In the social aspect of sexual development, people with Asperger's tend to lag behind their peers.
- [Whitaker.]
Uh, can they ever catch up? - Most people do if they receive proper care.
In my opinion, Mr.
Duvall did not.
Can you elaborate on that? All pubescent boys experiment: Touch themselves, masturbate.
Gabriel wasn't allowed to mature through this process.
- [Whitaker.]
What stopped him? - [Dr.
Olivet.]
In order to keep him from touching himself in public, his nanny would manually cause him to ejaculate.
Under what circumstances did Gabriel allow this to occur? - Objection.
Hearsay.
- Overruled.
He told me that his nanny would "take care ofhim"in the bathtub, and then wash the tub down with bleach.
Are people with A.
S.
Especially sensitive to odors? And tastes and sounds, yes.
There's been testimony that Mr.
Duvall's first sexual experiences culminated in the smell of bleach.
On the night in question, Miss Zergin was coming home from work smelling of cleaning liquids.
Doctor, can you state with a reasonable degree of psychiatric certainty whether Mr.
Duvall could have made a connection between Miss Zergin and his first sexual experiences with his nanny? It's possible.
Thank you.
There's no genetic marker for A.
S.
, is there? That's correct.
No physiological evidence one can point to that indicates someone has it? That's right.
No blood test you could run, no brain scan? No.
Could a person fake the symptoms of A.
S? I'd like to think that I can tell the difference.
Well, how do you tell the difference between a man with a genuine disorder - and a rapist looking for the perfect excuse? - Objection.
Sustained.
Nothing further.
[Whitaker.]
I want you to take the stand.
We can't always have what we want, Mr.
Whitaker.
I understand your concerns, but we have to think about what's best for Gabriel.
You want me to say that my son is crazy.
Not crazy.
Different.
It's important that a jury hears a mother's side of the story.
Gabriel, dear, why don't you see if Mrs.
Judson can make you something? No, I think I'll stay.
If I have to, Eleanor, I'll subpoena you.
You'll do no such thing.
What's more, I won't have you talking some absurd defense strategy in front of my son without my consent.
- You're fired.
- I'm afraid you're not my client.
- Gabriel, am I fired? - No.
- He doesn't decide what happens.
- He's my client.
He decides everything.
And he's still in the room.
Stop talking around me.
I repeat, I have been forced to be here against my will.
I'll ask the question again.
When did you first notice that your son was different? Well, I don't know what you mean.
All children are different.
Isn't it a fact that Gabriel has always had difficulties socially? Gabriel was and is a perfect son.
I have nothing else to say.
So you never saw any signs of abnormal behavior? We're all built differently.
That's what makes us unique.
Did you ever take Gabriel to a specialist? Certainly.
One said it was marginal cerebral palsy, another thought it might be motor issues.
And now you say it's this.
[Scoffs.]
I mean, every few years, another German comes along, and they name a new disorder for him.
[Chuckles.]
My son is sensitive and highly strung, nothing more.
So you sought help, but when you didn't hear what you wanted, you did nothing.
Well, there was nothing to do.
My son is fine.
Nothing further.
Uh, no, no.
You- You listen to me now.
When Gabriel was 10, a boy pushed him down in the dirt and stole a book that belonged to Gabriel.
Gabriel hit the boy and broke his nose.
When he came home, he was covered with blood.
He was so upset.
He was all apologies, tears.
He's fragile.
He hates violence.
He couldn't possibly do the things they say he's done.
Hmm.
Thank you, Mrs.
Duvall.
That's all.
When Gabriel showed up bloodied on your doorstep, you're saying he felt remorse? Yes.
My son is a human being, not a monster.
He felt regret for his actions? Oh, deeply.
So he can tell the difference between right and wrong? - Objection.
- Overruled.
My son is not a person who doesn't feel things.
We taught him compassion.
Did you also teach him that it was okay to rape? Certainly not.
So when Gabriel raped Nina Zergin, he knew what he was doing was wrong? No, you're twisting my words.
Uh - She's turning everything inside out.
If you can, please answer the question.
How can you expect me to answer a question like that? My son did not rape that woman.
He did not rape anybody.
My Gabriel is a good boy.
Why won't anybody listen to me? Yes or no, ma'am? Withdrawn.
We all know that speeding is against the law, but what do you do if you find yourself driving without a speedometer? How do you know when you're breaking the law? Gabriel Duvall is living his life without a speedometer.
He suffers from a form of autism that hinders his ability to see the difference between right and wrong.
He lacks the ability to appreciate the nature and consequences of his conduct.
Nina Zergin says she was raped.
Gabriel Duvall believes there was consent.
How do you punish a man for a crime he didn't know he was committing? By finding him not guilty by reason of insanity.
Gabriel Duvall thought he picked the perfect victim.
Nina Zergin is an immigrant.
She's here illegally.
She works the night shift cleaning bathrooms in an office building.
An easy target- She's an invisible woman.
This city is filled with them.
The defense attorney says that Mr.
Duvall raped Nina Zergin because he's insane.
Well - [Scoffs.]
If that's true, then why did Mr.
Duvall travel nine subway stops to find a victim? Because he knew what he was doing was wrong.
So he chose a victim he thought no one would notice.
Don't prove him right.
Thank you.
Monday morning quarterbacking? We know Gabriel did the rape, not to mention the murder we never got a chance to try him for.
He showed absolutely no remorse.
You don't have to convince me, Tracey.
I didn't sleep last night either.
I have to remind myself that our job is to try him, not to fix him.
I just want this one to be over.
So you think the jury bought the diagnosis? Maybe.
Doesn't mean they buy his innocence.
They're back.
- Has the jury reached a verdict? - [Woman.]
We have, Your Honor.
[Judge Trillin.]
On the sole count of rape, how do you find? We find the defendant guilty.
[Howling.]
In the criminal justice system all defendants are innocent until proven guilty, either by confession, plea bargain or trial byjury.
This is one of those trials.
Take off your belt.
What? Why? Just take it off.
Watch, tie, shoelaces.
Those too.
- Oh, you don't understand.
These were a gift.
- In the bag.
- What now? - Your hand.
Pick up your coat.
Gimme your right hand.
Index finger.
[Machine Beeping.]
Move over there.
Mr.
Duvall, nice big smile.
- [Machine Beeps.]
- Prints accepted.
Turn around.
You don't have to do that.
You have any sexually transmitted diseases? What? No.
Then let's go.
Where are we going? Central Booking.
T.
B? Hepatitis? Of course not.
Lice? No.
History of seizures? No.
L- l-I wanna make a call to my mother.
Phone privileges are handed out in the order in which you were booked, so you have to wait a while.
I think that's for me.
You Kibre? Tracey.
It's solid.
From what Novak told me, you two did good work on this.
Thanks.
We're looking for eight to 10 for the guy who beat Novak and took her off this case.
Let's see if we can't do a little better for Mr.
Duvall.
Yep.
How's she feeling? Casey? All right, considering.
We got the guy for murdering one woman and raping another, so just tell us, please, there's no chance of him walkin' outta here tonight.
I'd be shocked if he made bail.
- Of course he made bail.
- It was two million dollars.
Chump change.
We're talkin'about the Duvall clan.
That family's influence is one of the few things left that dates back further than I do.
- Money doesn't mitigate murder.
- Hey, you get no argument from me.
You should have seen Gabriel's mother in arraignment court- that sense of entitlement, not to mention the fact she completely dis- Assistant D.
A.
Kibre, this is Eleanor Duvall.
How do you do? Tracey was just leaving.
Hmm.
Pleasure.
Pretty girl.
Come on, Ellie.
You don't like wasting time any more than I like having it wasted.
I don't expect you to put a stop to this nonsense, Arthur, but I do ask you to be compassionate.
Gabriel is my only child.
He's a good boy.
Who's gotten himself into a heap of trouble.
Oh, hokum.
Attacking those women? Please.
He couldn't have done it, Arthur.
He was raised better than that.
Well, I'll keep my eye on things.
But you keep your eye on him.
I won't blink.
[Speaking Spanish, Laughs.]
[Continues In Spanish.]
[Giggles, Continues In Spanish.]
The only people who care about old money are old money.
Heard she paid Branch a visit.
She not a fan of our courthouse? [Chuckles.]
I believe the word she used was " unclean.
' ' Still no hint of a plea from Whitaker.
Leaving me to wonder what trumps D.
N.
A.
Evidence and a solid witness? Nina Zergin's grand jury testimony was unshakable.
So was she.
She risked everything to come forward on her rape.
We're gonna get this guy, Casey.
We found the D.
N.
A.
Of Gabriel Duvall and Marguerite Beauclaire, the deceased victim, on the tissue.
Which was pulled from a precinct trash can.
Would you be surprised if half the perps in New York left D.
N.
A.
On it? Uh, w-wait a second.
Can you speak to the technique that you employed? The defendant's sample was large and easy to develop.
We used S.
T.
R.
- What about the victim's D.
N.
A? - [Woman.]
There we were dealing with a degraded sample.
We had to use a composite I.
D.
That included S.
T.
R.
, S.
N.
I.
P.
- And mitochondrial D.
N.
A.
, which can't be used to positively I.
D.
Someone, correct? In and of itself, no, but when read in conjunction with other analysis, it can.
- Do the People have any further evidence? - No, Your Honor.
Thank you.
We'd like to call our own witness, Your Honor, to dispute M.
E.
Warner's opinion.
There's no need.
I'm well aware of the debate regarding the validity of a composite identification.
The dust hasn't settled in the scientific world.
When they are ready to accept it, so will my court.
Can you still go forward with your indictment without the D.
N.
A.
Evidence? Without it, we cannot meet our burden.
Well, then the count charging Gabriel Duvall with the murder of Marguerite Beauclaire is dismissed.
But the one count of rape remains.
[Kibre.]
He didn't commit a murder and leave nothing behind.
- If it's out there, I'll find it.
- Yeah? When? Listen.
Everybody knows you were handed a crap case.
Don't take it out on me.
[Man.]
Suggestion? Yeah? I grew up with rich kids like Gabriel.
There's one thing that they all have in common- is that none of them were raised by their own mothers.
So you're saying nanny? [Kibre.]
Look into it.
Better yet, look into anybody who ever worked for the Duvalls.
I just got off the phone with the civil clerk's office.
Six years ago, a sexual harassment suit was filed against an employee of Everton Consulting.
- Tell me it was our guy.
- Gabriel does freelance work in their I.
T.
Department.
Another opportunity for you to work your magic with the ladies.
You don't look like lawyers.
Well, uh, we're D.
A.
Investigators.
Mind if we ask you a couple questions? [Woman.]
About? The sexual harassment suit you filed against Gabriel Duvall - We know there was a settlement.
Is this a criminal case? Mm-hmm.
So confidentiality clauses don't apply? - I dated a lawyer.
- Hmm.
What inspired the suit? Gabriel worked out of a cube right next to the ladies'room.
Every time I'd come out, he'd be standing there waiting to talk.
I felt bad for the guy, so I'd say we'd talk later.
Well, the next time I'd go to the bathroom, he'd ask me if it was "later" yet.
Sounds persistent, not dangerous.
He'd say things to me no one in their right mind should say at work.
I went to Human Resources, but they wouldn't act.
Amazing what family money lets you get away with.
[Gabriel.]
It was consensual.
[Whitaker.]
Not according to Nina Zergin.
She's saying that you raped her, and then you gave her $5,000.
If I raped her, why would she take the money? Why were you having sex in an alley? I wouldn't bring a girl like that home.
Ajury's gonna love that.
People have sex in all kinds of places.
It was convenient.
I think that's enough for one night.
Oh, darling, you've hardly touched your dinner.
I wanted meat loaf.
Would it be all right if I was excused? I still have to unpack my books.
Gabriel's very particular about routines.
Well, he hates staying here.
But with the press camped out on his doorstep - Anything you can do to make him comfortable.
We've gotta keep him on his game for his testimony.
Oh, that won't be necessary.
Well, you didn't invite me here just to chat.
We both know this is going to trial.
This Nina girl- is her testimony all the prosecution has? Nina called the community center.
By the time I arrived, she'd already started to clean it up.
She was in hysterics when I found her.
Nina.
Nina, are you hurt? [Sniffles.]
- Were you here when they did this? - She was at work.
The night shift.
What does it say? It's what they call me now in the street, at the market- [Sobs.]
"Prostitute," " whore.
' ' She's not safe here.
Hey, come on.
Let's get you to a hotel until we can relocate you, okay? [Sniffles.]
Okay.
They did this to keep me from talking.
Now I have no reason left not to.
I can't believe you're not going after them for witness intimidation.
How would we prove it- trace the spray paint on Nina's walls? - Anyway, it only strengthened her resolve and showed us what they're thinking.
- Which is? They're scared.
Did you find our nanny yet? Eva Wilke.
We know she was German.
She left the Duvalls when Gabriel was packed off to military school.
But she went back to Germany years ago.
Well - [Sighs.]
Before Nannygate, weren't most houses with staff hiring undocumented workers? [Gaffney.]
I checked that.
According to Immigration, the Duvalls have sponsored a series of aliens over the years.
All legit.
There was that nanny, and an Irish maid named Julia Lonegan.
She's currently in the Bronx at the, uh, Fayerweather Nursing Home.
You seem a lot younger than most of the residents here.
C.
H.
F.
- It's a technical term for a lazy ticker.
I got tired of being a burden on everyone I loved, so I checked myself in here.
Let me ask you.
You came over from Ireland.
Came to work for the Duvalls from 1971 to 1974.
- Yes.
- Not the best time to be in Belfast.
My brother was killed in the uprising.
My father knew someone here who worked for the Duvalls, so I went from being Catholic schoolgirl to housemaid.
So why did you stop working for them? Because they asked me to.
You're here about Gabriel.
[Ravell.]
What makes you say that? It's just a matter of time.
I'm sure he raped that woman.
He was only 14 years old when you stopped workin' for the Duvalls.
How would you know that? Because he raped me too.
Both women are here? In two separate rooms.
I hate putting Nina through this again.
Well, it might help us find a signature.
Signature? Serial rapists often exhibit a repetitive behavioral pattern.
Sometimes they're not even aware they're doing it.
If we can establish Gabriel's, we tie the two rapes together.
And we've got him.
- It's right here.
- The nanny was away, so I was giving him his bath.
He was 14 - a little old for you to be bathing him, isn't he? Gabriel was forgetful.
Uh, he was a little bit touched, you know? Sometimes he went days without washing, and the children at school were making fun ofhim.
So I would draw the bath and wash his hair, and he'd do the rest.
Okay.
And this time, it was different.
I know it wasn't right, but Mrs.
Duvall insisted.
I tried to hand him the washcloth, but he wouldn't take it.
He seemed confused.
- He was-you know.
- Erect? He asked me to "take care of it," and then he said, " Please.
' ' He kept repeating that word: "Please.
' ' "Please.
' ' He said it over and over again.
He had his pants down around his ankles.
[Quietly.]
Nina, you take as much time as you need.
He pulled my underpants off, leaned into me.
Inside I could feel a burning.
I was crying- not just from the pain, but because of what he was taking from me.
Then he stopped.
I'm sorry.
He stopped- To wipe away my tears.
I didn't even realize I'd started crying.
I was what they used to call a"good girl" in those days, and what he was doing, it hurt me.
And he wiped away your tears? Yes.
A nd then he started to rock me in his arms and stroke my hair, like a mother does a child.
He stroked my hair and whispered, "Shush.
' ' He was finished, but he held me like a baby.
Is that when he gave you the money? He put it in my hand and closed my fingers around it.
Why would he do something like that? I felt it was my duty to tell Mrs.
Duvall what had happened.
She called me a whore, threw me out of the house.
I had nowhere to go.
I couldn't go home.
I'm ashamed to admit it, but she gave me a great deal of money, and I took it.
Did Gabriel see this? He was standing there in the doorway.
Does the nameJulia Lonegan mean anything to you? She worked for us.
I fired her.
Thank you, Rita.
I'll take it from here.
[Clears Throat.]
She's saying Gabriel raped her.
That's ridiculous.
Why should I give credence to lies? Well, to you it's lies.
Ajury can see it as convincing testimony.
She demanded money.
I gave it to her.
She went away.
Apparently not far enough.
Gabriel may have had difficulties in the past, but he worked very hard to overcome them.
No one will talk.
That's just it.
People are talking.
It's time you did some talking of your own.
The investigation into Nina's rape alluded to several other attacks, all ending with the victims receiving money.
We getJulia's story in, and it opens the door to nailing Gabriel for the other rapes.
[Knocks.]
Tracey, you might wanna take a look at this.
[Mrs.
Duvall On TV.]
Talk about the South Bronx Youth and Recreation Center.
To which you have made a sizable donation.
But I wouldn't be worth my weight if I didn't mention the trial.
Your son, Gabriel- Unbelievable.
Is facing some pretty serious charges.
We're an easy target.
There's talk of more allegations from a former employee.
Well, when you open your home to someone, you're putting yourself in a potentially vulnerable position.
[King.]
So you're saying there's no truth to her accusations? People hear the name Duvall and think "idle rich," but what I really am is a widow and a mother.
I trusted someone, and she's betrayed my trust.
[King.]
You're saying she wanted money? [Inhales.]
Well, I'm not at liberty to discuss the case.
These women, most of them work the night shift, cleaning offices and- and stores and- and fancy homes like this one.
They can't afford to be here, but they are, because they have to believe that Eleanor Duvall isn't the only one to be heard.
[Horn Honks.]
There he is! Duvall, you gonna take some questions? Hey, come on.
[Protestors, Reporters Clamoring.]
[Man.]
Rich rapist! - [Woman.]
On behalf of your- - [Reporter.]
Just make a statement.
- Get a shot.
- [Man.]
Put him in jail! [Man #2.]
He's guilty! [Clamoring Continues.]
You all right? [Man.]
Pervert! [Whitaker.]
No, no, no.
Come on.
Let's get inside.
Gabriel, come on.
I'd really like to get you to a doctor.
Gabriel? What? - A little farther over, that rock could've taken out your eye.
- Oh, it's not just a rock.
See, intense heat and pressure have transformed the shale into a - a conglomeration of minerals.
You see how it glints? Yeah.
I'm- I'm gonna call a doctor.
[Shatters.]
[Shards Clinking.]
[Clinking Continues.]
I can't say that I'm surprised.
What - that Trillin imposed a gag order, or that it took him so long to do it? [Woman.]
Don't tell me to calm down.
I've been waiting for over an hour.
- Where's this Kibre person anyway? - She's right here.
What's this about? Eleanor Duvall's smear campaign.
If you're here to come forward about something Gabriel did to you - He didn't rape me.
He raped my mother.
Julia Lonegan's my mother.
She helps you and gets called a money-grubbing whore on Larry King.
What can we do? Stay away from her.
You've done enough.
- [Knocking.]
- Got your messages.
What's up? I had a visit today from Julia Lonegan's daughter.
Didn't know she had one.
Neither did I.
Checked her birth records.
She's gonna be 31 in May.
Julia didn't get married until a year after the birth, which means there's a good chance that Meg is the product of her mother's rape and doesn't know it.
- How can you be sure? - Well, Julia said she was a virgin when Gabriel raped her.
If Meg is his daughter, I want to prove it.
- You're not gonna tell her.
- Oh, come on, Casey.
I got handed a dog here: A murder charge that evaporated, a rape victim with nothing more than her word, no D.
N.
A.
, no witnesses- and to back it all up- an alleged rape from 30 years ago? You try what you have.
Well, without Meg's D.
N.
A.
, I have no chance in hell.
My mother already told you everything.
What more do you want? We need a D.
N.
A.
Sample.
I won't let her give you one.
Not from your mother, from you.
Oh, my God.
Your mother told you about Gabriel Duvall.
When? This morning.
A cop called her asking for my work address.
She hung up on them and called me.
It was you who called.
Your mother is the only one that had the right to tell you.
I just made sure that it happened that way.
I already have a father.
The man who raised you and the man who loved you will always be your father, and nothing is ever gonna change that.
This isn't happening.
That monster raped my mother.
Your mother found the courage to tell us what happened.
Your mother found her voice.
Don't be the one to silence it.
[Quietly.]
Thank you.
The D.
N.
A.
Is a match.
In 1974,Julia Lonegan was raped by Gabriel Duvall.
- Allegedly.
- She'll testify to that fact.
We're talking about something that may have happened 30 years ago.
There's no bright-line rule that determines when Molineaux evidence is too remote.
The complainant is a woman who is currently under a doctor's care.
She's taking a series of medications- H.
C.
T.
Z.
, benzos - all of which have been proven to cause confusion in the elderly.
Take it up on cross.
- And I'd hardly call 55 " elderly.
' ' - Well- I'll issue my ruling on the admissibility of the Molineaux evidence after lunch.
[Whitaker.]
Thank you.
[Door Opens.]
Ladies first.
Eleanor, sorry I'm late.
We went over.
Mm-hmm.
Where's Gabriel? Oh, just takin' a walk.
We're gonna meet back at the courthouse after lunch.
Was that girl there? No.
Neither was the mother.
I suppose she's expecting some inheritance.
We'll burn that bridge when we come to it.
So where are we? If the judge doesn't allow Julia Lonegan's testimony, it goes away- jury never hears about it, and your position stands.
In other words, it never happened.
Nina's word against his.
On the other hand, ifJulia's testimony does get in, along with the fact that her daughter's D.
N.
A.
Is a match, a jury could believe it.
And if they believe that Gabriel raped Julia, there's a- there's a good chance that they'll believe he did the same to Nina Zergin.
What are we going to do? Convince them otherwise.
Gabriel was 14 at the time, and Julia was 23.
I mean, who's to say that she didn't seduce him? Mr.
Whitaker, where, oh, where can your client be? - I believe he's on his way.
- Believing and knowing are two very different things.
The defendant's violating the terms of his release.
You're correct, and I'm issuing a bench warrant for his arrest.
Now let's proceed with our discussion while we await his arrival.
I've reviewed your supplementary briefs, and I believe that the crime was simply too remote.
But Your Honor - The timeline isn't all that concerns me.
Even if Mr.
Duvall had been tried and convicted of rape at the time, he was a juvenile.
- Right.
- We're not asking for a juvenile conviction to be admitted, simply the substance of the bad act.
And either way, the records would have been sealed.
Julia Lonegan's testimony is out.
I don't know which is worse - losing Julia's testimony or having to tell her that we did.
You can't second-guess it.
Why not? Only took us a couple of days to screw up what had took her 30 years to try to make right.
She didn't have to come forward.
We would have pushed her, and you know it.
[Sighs.]
Give me a good old-fashioned homicide any day- Then you don't have to look your victim in the face.
Did you check your pager? Gabriel Duvall was just arrested.
He jumped a woman down on Varick.
Son of a bitch did it again.
Well, not quite.
They caught him before he got the chance to follow through.
She fits his pattern: 23 years old, domestic.
Where is he now? [Ravell.]
Lawyer still hasn't showed? L-I don't need Mr.
Whitaker here to explain this misunderstanding.
Whoa.
You-you slow down.
We can't discuss this case without your lawyer present.
- This is a waste of time.
Let me explain.
- Can't! Against the rules.
L-I was agitated because of what happened in the judge's chambers.
Like we said, we can't hear you.
Can you imagine the gasket Whitaker would blow if he thought we were questioning his client? Forget the lawyer.
I'm worried about his mother.
[Ravell Chuckles.]
Well, I believe I can explain my own actions without my mother.
[Ravell.]
We've advised you of your rights.
That girl you say I attacked wanted to help me.
That's what those people do.
When I was a child and I got excited, my nanny took care of it.
She didn't want me touching it.
She said it wasn't allowed.
It's like she said: If someone doesn't make it go down, you have to cut it off.
Gabriel, shut up.
You two, out.
Well, since he asked so nicely.
- [Sighs.]
- I want you to take me home now.
Can't do that this time.
What do you mean? They're not taking that woman seriously? She hit on me.
She says you attacked her.
[Hits Table.]
That's a lie! Calm down.
- Gabriel- - Is this a trick? This must be a trick.
They're paying her to do this so they can keep me here! Now your sex life has caught up with you, and you're gonna have to pay for it unless you listen to me right now.
[Quietly.]
There's one way I see us beating this, but I'm gonna need you to go along with it all the way.
Happy? What can I say? Christmas came early this year.
You know I'm getting the interrogation tossed out.
[Scoffs.]
It was more like an opera.
They couldn't keep your guy from singin'.
No.
They crossed the line.
I don't need his words.
His actions speak for themselves.
We'll see.
In case you forgot, this is where we talk plea.
Oh, I wouldn't be serving my client well if I recommended an admission.
You're nuts.
No.
My client is.
I'm filing notice of an insanity defense.
[Dr.
Olivet.]
How about this one? [Gabriel.]
Excited? No, wait.
That's wrong.
Funny.
I'm not sure.
What do you do when you can't tell what someone's thinking just by looking at them? I listen.
To their voice? No.
That can be misleading.
People sometimes employ sarcasm.
It affects their tone.
I listen to the words.
Do you think people always say what they mean? Why would they say it if they didn't mean it? I know that one: Surprise.
That's right.
How did you know? At home we have books on nonverbal communication - body language.
You work hard at reading people.
I try.
But the books, they're limited.
For example, your arms are crossed.
That's an aggressive stance.
Are you threatened? No.
Well, you see? Human behavior isn't discernible, because it isn't fixed.
You can never really know what a person means by how they look or what they say.
Ten different people have 10 different smiles.
I know you don't want to hear it, but I agree with the defense's evaluation.
You're saying he's autistic.
Asperger's Syndrome does fall within the spectrum of autistic disorders, but there is a debate as to where it fits.
It's a convenient time for a diagnosis.
Well, A.
S.
Was virtually unknown until a few years ago.
In many cases, it went undiagnosed or ignored.
So they're gonna use it as some kind of an excuse? It'll be hard.
There's no known connection between A.
S.
And violence.
- So this isn't typical behavior for someone with this syndrome? - Absolutely not.
As a matter of fact, most people who suffer from A.
S.
Are much more likely to be the victim than the aggressor.
So you want me to feel sorry for him? Liz, he raped and ran.
I'm here to make a psychological assessment, Tracey, not defend his actions.
A.
S.
Certainly isn't the cause, but it could be a factor in Gabriel's aggressive sexual behavior.
Or a last-ditch effort to set a serial rapist and murderer free.
[Sighs.]
Your calendar just opened up.
I'm not gonna be calling you to the stand.
[Kibre.]
Can you point to the man who raped you? May the record reflect that the witness has identified the defendant, Gabriel Duvall.
The record shall so reflect.
Thank you, Nina.
Miss Zergin, you- you said that you were coming from the subway when you were attacked.
Is that correct? Yes.
- Was the train crowded? - It was 3:00 in the morning.
Did you happen to notice if Mr.
Duvall was riding in the same car as you? I don't know.
I bring a book along with me to read.
- Are you saying that he wasn't there, or that you didn't see him? - I didn't see him.
- So you didn't talk to Mr.
Duvall? - Objection.
Asked and answered.
Mr.
Whitaker, you've made your point.
So when you were leaving the train, did you, uh, happen to ask anybody for the time? [Voice Breaking.]
Oh.
L- Did you ask Mr.
Duvall what time it was? [Sobbing.]
Yes.
So he was on the train with you? I didn't remember.
Did you look at him when you asked him? I must have.
Did you smile? - Objection.
Relevance? - I'll allow it.
I don't know.
Don't you usually smile when you ask someone for a favor? - Objection! - Sustained.
You looked at no one but my client.
You spoke to no one but my client.
You singled him out, and you asked him what time it was, yes or no? [Sobs.]
Yes! No further questions.
When in doubt, blame the victim.
They're gonna need a lot more than that.
It's an addendum to the witness list.
Who? Dr.
Elizabeth Olivet.
When you meet someone for the first time, you make a series ofjudgments.
You take into account their expressions, the tone of their voice.
How is it different for someone with A.
S? They find it more difficult to read social signals.
So asking someone for the time could be confused with a come-on.
- Objection.
Relevance.
- Sustained.
How does A.
S.
Affect sexual development? In the social aspect of sexual development, people with Asperger's tend to lag behind their peers.
- [Whitaker.]
Uh, can they ever catch up? - Most people do if they receive proper care.
In my opinion, Mr.
Duvall did not.
Can you elaborate on that? All pubescent boys experiment: Touch themselves, masturbate.
Gabriel wasn't allowed to mature through this process.
- [Whitaker.]
What stopped him? - [Dr.
Olivet.]
In order to keep him from touching himself in public, his nanny would manually cause him to ejaculate.
Under what circumstances did Gabriel allow this to occur? - Objection.
Hearsay.
- Overruled.
He told me that his nanny would "take care ofhim"in the bathtub, and then wash the tub down with bleach.
Are people with A.
S.
Especially sensitive to odors? And tastes and sounds, yes.
There's been testimony that Mr.
Duvall's first sexual experiences culminated in the smell of bleach.
On the night in question, Miss Zergin was coming home from work smelling of cleaning liquids.
Doctor, can you state with a reasonable degree of psychiatric certainty whether Mr.
Duvall could have made a connection between Miss Zergin and his first sexual experiences with his nanny? It's possible.
Thank you.
There's no genetic marker for A.
S.
, is there? That's correct.
No physiological evidence one can point to that indicates someone has it? That's right.
No blood test you could run, no brain scan? No.
Could a person fake the symptoms of A.
S? I'd like to think that I can tell the difference.
Well, how do you tell the difference between a man with a genuine disorder - and a rapist looking for the perfect excuse? - Objection.
Sustained.
Nothing further.
[Whitaker.]
I want you to take the stand.
We can't always have what we want, Mr.
Whitaker.
I understand your concerns, but we have to think about what's best for Gabriel.
You want me to say that my son is crazy.
Not crazy.
Different.
It's important that a jury hears a mother's side of the story.
Gabriel, dear, why don't you see if Mrs.
Judson can make you something? No, I think I'll stay.
If I have to, Eleanor, I'll subpoena you.
You'll do no such thing.
What's more, I won't have you talking some absurd defense strategy in front of my son without my consent.
- You're fired.
- I'm afraid you're not my client.
- Gabriel, am I fired? - No.
- He doesn't decide what happens.
- He's my client.
He decides everything.
And he's still in the room.
Stop talking around me.
I repeat, I have been forced to be here against my will.
I'll ask the question again.
When did you first notice that your son was different? Well, I don't know what you mean.
All children are different.
Isn't it a fact that Gabriel has always had difficulties socially? Gabriel was and is a perfect son.
I have nothing else to say.
So you never saw any signs of abnormal behavior? We're all built differently.
That's what makes us unique.
Did you ever take Gabriel to a specialist? Certainly.
One said it was marginal cerebral palsy, another thought it might be motor issues.
And now you say it's this.
[Scoffs.]
I mean, every few years, another German comes along, and they name a new disorder for him.
[Chuckles.]
My son is sensitive and highly strung, nothing more.
So you sought help, but when you didn't hear what you wanted, you did nothing.
Well, there was nothing to do.
My son is fine.
Nothing further.
Uh, no, no.
You- You listen to me now.
When Gabriel was 10, a boy pushed him down in the dirt and stole a book that belonged to Gabriel.
Gabriel hit the boy and broke his nose.
When he came home, he was covered with blood.
He was so upset.
He was all apologies, tears.
He's fragile.
He hates violence.
He couldn't possibly do the things they say he's done.
Hmm.
Thank you, Mrs.
Duvall.
That's all.
When Gabriel showed up bloodied on your doorstep, you're saying he felt remorse? Yes.
My son is a human being, not a monster.
He felt regret for his actions? Oh, deeply.
So he can tell the difference between right and wrong? - Objection.
- Overruled.
My son is not a person who doesn't feel things.
We taught him compassion.
Did you also teach him that it was okay to rape? Certainly not.
So when Gabriel raped Nina Zergin, he knew what he was doing was wrong? No, you're twisting my words.
Uh - She's turning everything inside out.
If you can, please answer the question.
How can you expect me to answer a question like that? My son did not rape that woman.
He did not rape anybody.
My Gabriel is a good boy.
Why won't anybody listen to me? Yes or no, ma'am? Withdrawn.
We all know that speeding is against the law, but what do you do if you find yourself driving without a speedometer? How do you know when you're breaking the law? Gabriel Duvall is living his life without a speedometer.
He suffers from a form of autism that hinders his ability to see the difference between right and wrong.
He lacks the ability to appreciate the nature and consequences of his conduct.
Nina Zergin says she was raped.
Gabriel Duvall believes there was consent.
How do you punish a man for a crime he didn't know he was committing? By finding him not guilty by reason of insanity.
Gabriel Duvall thought he picked the perfect victim.
Nina Zergin is an immigrant.
She's here illegally.
She works the night shift cleaning bathrooms in an office building.
An easy target- She's an invisible woman.
This city is filled with them.
The defense attorney says that Mr.
Duvall raped Nina Zergin because he's insane.
Well - [Scoffs.]
If that's true, then why did Mr.
Duvall travel nine subway stops to find a victim? Because he knew what he was doing was wrong.
So he chose a victim he thought no one would notice.
Don't prove him right.
Thank you.
Monday morning quarterbacking? We know Gabriel did the rape, not to mention the murder we never got a chance to try him for.
He showed absolutely no remorse.
You don't have to convince me, Tracey.
I didn't sleep last night either.
I have to remind myself that our job is to try him, not to fix him.
I just want this one to be over.
So you think the jury bought the diagnosis? Maybe.
Doesn't mean they buy his innocence.
They're back.
- Has the jury reached a verdict? - [Woman.]
We have, Your Honor.
[Judge Trillin.]
On the sole count of rape, how do you find? We find the defendant guilty.
[Howling.]