Close to Home (2005) s02e18 Episode Script

The police said because of the statute of limitations, there was nothing they could do.
In Indiana, rape is a B Felony, which means charges have to be brought within five years.
I'm sorry for wasting your time.
No, no, no, stay.
Tell me what happened.
It was the first and last frat party I ever went to.
It was 11 years ago.
I was a freshman, very naive.
He was a senior.
Seemed like a nice guy.
We'd been dancing and talking.
And then suddenly I felt really lightheaded, like I was going to faint.
I think he must have slipped something in my drink.
What happened next? I told him I wasn't feeling well.
And he said he would get his coat and walk me back to my dorm.
We went up to his room and then he locked the door.
He he pushed me down on the bed.
He pinned my arms above my head and tore my clothes off, and then he raped me.
Did you call for help? I screamed and screamed like an animal till I had no voice left.
But the music was too loud, no one could hear me.
And then I realized no one was going to come help me.
I wanted to die.
And then I must have passed out.
What's the next thing you remember? I woke up the next morning shivering.
I was naked, and he was actually sleeping in the bed next to me, like we were some happy couple.
I just got my clothes, ran home and showered.
You realize you destroyed any physical evidence, DNA? I thought about that afterwards, but I was just I was so in shock.
I felt so dirty, I just had to.
Did you report him to the police? I went to the university provost but he told me that if I wanted to file a complaint, that O'Neil would have to present in order to defend himself.
And at that time, I just I didn't have the strength to face him or to go to the police.
I do now.
But I can't even bring charges If Mr.
O'Neil slipped something in your drink, that makes it a Class A felony, no statute of limitations.
Then I want to press charges.
Why now after all this time? Because he wrote me a letter.
He wrote you a letter apologizing for raping you.
He said he wanted to make amends.
He's in some 12-step program and this is the ninth step.
Owning up to all the harmful things you did before you were sober.
I mean, I've heard a lot of "I'm so sorry," but not a single "for raping you.
" He's smart enough not to expose himself to further criminal liability if he can help it.
So after the letter, you exchanged e-mails for a month and then agreed to meet him for coffee? I was trying to get him to admit what he'd done.
You know, to say it straight out.
Over the years, other than the provost, who else have you told about this? I never told anyone.
Not even my husband, not until I got his letter.
How did your husband react? He was hurt that I kept it a secret from him all this time.
And shocked, because he had known Tim O'Neil in college.
Why didn't you ever tell him? I didn't want to be thought of as damaged.
I just wanted to be me, not a victim.
And I was managing fine up until a month ago.
If Tim O'Neil really wants to make amends, he can do it from a jail cell.
This case is a dog with fleas.
no forensics, no evidence.
O'Neil's letter is practically a confession.
A good defense attorney can make the distance between practically and actually seem as wide as the Gulf of Mexico.
Making amends? He made her relive the rape all over again.
He felt guilty, got something off his chest, and now he feels better and her life is in turmoil.
We could at least look in to settling the statute of limitations issue, and talk to whomever we can find who was there that night.
All right.
We'll have Ray talk to Mr.
O'Neil.
Maybe he can get him to say something we can use.
I sent her the letter, but I never expected to hear back from her.
It's just something that I had to do.
But then she sent me an e-mail and we started going back and forth online about what had happened.
We even met for coffee.
Then you show up.
I mean, I never expected her to go to the prosecutor's office.
Believe me, I never would have sent her that letter if I would have known.
We're still deciding whether to press charges.
Look, I've got a wife and two kids.
I can't go to prison.
Maybe if you told me your side of the story? We hooked up at a party at my frat house.
It was one of those situations, you know? I thought we had a good time together.
Well, she didn't.
She said she screamed, tried to fight you off.
I don't know about that.
I had a lot to drink.
How long you been sober? Four years, three months.
Ever since my oldest boy, Michael, was born.
I'm two years in myself.
Gambler's Anonymous.
No kidding? You used to hit it pretty hard? If you call 11 straight weekends in Vegas hitting it hard.
I lost $59,000, my house and my fiancée.
So I understand about making things right.
What were you making amends for, Tim? It wasn't just a bad date? I'm sorry if she felt violated in some way.
Violated? Did you violate her? CONLON: He actually said violated? He stopped just short of saying he raped her.
Did he acknowledge that she said no repeatedly at the top of her lungs? He said he might have misread her signals.
What about date rape drugs? He said there were definitely roofies circulating at that party, but he denied drugging her.
The most he would say is it's possible somebody slipped her something.
What a weasel.
A weasel with a guilty conscience.
So what do you think? You want me to pick up lover boy and start talking to witnesses? From what he told you and the letter, I think we definitely have enough to convince a judge.
Yeah, pick him up.
Hey, babe.
Hey, buddy, how's it going? Mr.
O'Neil.
Yeah, what? You're under arrest for the rape of Ellen Pinter.
Tim, what's happening? Don't worry about it, honey, I'll deal with it.
You have the right to remain silent.
You have the right to counsel.
If you can't afford an attorney I thought we understood each other.
I never been to Vegas in my life, brother.
Never been engaged.
Never crapped out on my mortgage.
Me, I don't have to make amends.
You, you're just getting started.
sync:FRM@gadence Becky, let me guess, you're representing O'Neil.
Why is it rapists always hire female attorneys.
Hmm, alleged rapists.
A copy of the motion I just filed to dismiss your case.
You need a little remedial math over here in the prosecutor's office.
This is a waste of paper.
There's no statute of limitations issue here.
Oh, that's news to me.
He drugged her, Becky, that makes it a Class A felony.
And your proof of that is what? A blood test? A tox screen? Point of clarification, we're representing the victim.
You're defending the guy who raped her and then 11 years later felt kind of bad about it, sort of.
Have you read his letter? That's what I'm basing my character assessment on.
He doesn't say he raped her.
He says he's sorry that she felt badly about their encounter that night.
I know what it says.
Something that happens between consenting adults is not They weren't adults, and she didn't consent.
Tim O'Neil pulled his life together after nearly destroying it with alcohol.
He's serious about his recovery, which is why he wrote the letter.
Isn't that worth some consideration? Yeah, this much.
Becky, the man's a rapist.
You really see the world in black and white, don't you? People are either all good or all bad to you.
Except they're not.
Who cares what Becky Brokaw thinks? I don't, I care what you think.
You don't see the world in black and white, just in fewer shades of gray than most people.
But that's what makes you such a good prosecutor, your emotional connection to the victim.
I don't see any shades of gray here just because Tim O'Neil said he was sorry, sort of.
I met Mrs.
O'Neil on the way in.
She had her two little kids with her.
That must have been awful.
Yeah.
At least Tim O'Neil expressed some remorse.
Most don't.
How many victims' families have told us just hearing the words "I'm sorry" would have made a difference? I think you're confusing remorse with a guilty conscience.
What's the difference? O'Neil may have said I'm sorry, but he has never owned up to what he did.
Ellen Pinter needs to hear him admit to raping her and then apologize, and if he won't say it, I'll have a jury say it for him.
If the judge lets you.
BROKAW: Your Honor, the prosecution's date rape drug scenario is nothing but a bad faith allegation, a transparent attempt to get past the statute of limitations.
The reckless disregard for the minimum standard of proof is as suspicious as this mystery drug they're claiming was used to subdue the victim.
This is a hyperbole-free zone, Ms.
Brokaw.
Ms.
Chase.
Your Honor, as stated in the charging information, the people have reason to believe that the victim was drugged and subsequently raped, which the law strictly construes as the standard for tolling the statute.
The victim's uncorroborated testimony includes the admission that she consumed alcohol on an empty stomach and subsequently felt lightheaded.
No quantum leap of logic is needed.
Your Honor, it's for the jury, not the defense, to determine the credibility of the victim.
Thank you, Ms.
Chase, I went to law school, too.
So now that everyone's had their say, I'll issue my ruling within 24 hours.
CONLON: Right now this case rests solely on Ellen Pinter's testimony and Tim O'Neil's letter.
Now, barring an actual confession from O'Neil, Fat chance.
we are in desperate need of corroboration of the events that evening.
Ray's talking to potential witnesses, but it's been 11 years.
Finding them is one thing.
Getting them to admit to actually seeing something is another thing altogether.
We should talk to Mrs.
Pinter's husband, too.
Thank you, Sarah.
Judge Michaels' ruling.
This is moot if he won't toll the statute.
"The allegation that the defendant "drugged the victim before assaulting her "satisfies the plain language of the Class A felony rape.
"The information is valid on its face.
No statute of limitations applies.
" Ellen Pinter's finally going to get her day in court.
Annabeth.
Look, this case is far from a cinch for both sides.
I don't think Brokaw's gonna want to take it to trial either.
Either? I do.
I would hate to see him walk away because of a hung jury-- or worse.
Thanks for the vote of confidence.
Hey, this is not about you.
This case is iffy.
If O'Neil is willing to add the postscript "I'm guilty of raping you" to his letter, then I think eight years is fair.
I'd say that's too lenient by far.
Twelve.
Fine, 12.
After the arraignment, make the deal.
I think we both realize no one's interests will be best served by a trial, especially the victim's.
You won't like what I'm going to offer.
Then let me go first.
Four years, two suspended.
Let's be serious.
What's serious? Twelve.
What is that, some kind of vindictive Old Testament number? of silence plus one? suffering plus one.
Contingent on a full admission of guilt and an apology to the victim.
You are really going for blood.
Take it or leave it.
No matter what you think he did the jury is going to see Tim O'Neil for who he is now.
Yeah, they are.
A man feigning remorse, unwilling to accept responsibility and feeling entitled to a group hug instead of an appropriate prison sentence.
Then I'll see you at trial, where you'll do a lot worse.
Ellen and I didn't meet until the following semester.
I was the teaching assistant in her IT class.
And you had no idea? We've been married for seven years, and she never mentioned it.
Not until that damn letter arrived.
Your wife said you knew O'Neil.
Not very well.
We had friends in common.
He was always after me to join the fraternity.
You weren't into it? Not really.
These friends you had in common, you think you could give me a list of names, the ones who might still live in Indianapolis? Anything I can do.
You've reconsidered? What would your offer be if my client were to give you the name of another man who raped Ellen Pinter on the night in question? She never said anything about a second rape.
She didn't know.
She was unaware of being assaulted by this man.
Because she was unconscious at the time.
This other guy is the individual who drugged her at the party.
Mr.
O'Neil, why didn't you tell us this before? You can only make amends for yourself, not for someone else.
Or you were holding it in reserve as a bargaining chip.
BROKAW: Annabeth, don't be cynical.
This sounds like an admission of guilt.
Not to drugging her.
Are you willing to come clean? We'll consider it, if we can reach a reasonable compromise.
Less than 12.
If we can make a case against the second rapist, and if Mr.
O'Neil allocutes to his crime in open court and apologizes to the victim.
Tim? I just want to see my kids grow up.
If making a deal and testifying is the only way, then I'll do that.
What are you prepared to say, Mr.
O'Neil? That I raped Ellen Pinter that night, and I have regretted it ever since.
Satisfied? I can't wait to tell Ellen Pinter the worst experience of her life is actually far worse than she ever imagined.
Don't put it off.
Maybe we should have O'Neil write her another letter.
He has such a way with words.
Ray, talk to us about the second rapist.
Okay.
Alex Peterson, 33, VP out of Downtown Brokerage.
He's supposed to be a hard charger with major upside potential.
He's got a wife, two kids, a Porsche and a five-bedroom Colonial outside in Crestview.
Same class as O'Neil, president of the fraternity at the time.
Make sure you get his story on the record so we have something to impeach when he lies to us.
Impeach with what? Testimony from the fraternity brothers Ray's interviewed.
And if we can't find anyone who'll tell us the truth? These guys bond for life, like a pack of wolves.
You have my word, no sweeter deal for O'Neil unless we can corroborate his story about Alex Peterson.
I'll break the news to Ellen Pinter.
Tag along, Ray.
Moral support.
Did they plan this? Did they see me at the party and say "her,let's get her"? I'm sorry, Ellen, I can't answer that yet.
Is he the only other one, or were there others? Not according to O'Neil.
He wasn't even gonna mention this until he had to.
ELLEN: I feel sick.
I thought coming forward would make things better.
PINTER: If O'Neil testifies, we're going to get Peterson, too, right? That's the plan.
Right now he's our only witness to the second rape.
PINTER: A confessed rapist who's cutting a better deal for himself.
We have to work with what we've got.
Hopefully the jury will take into account that he came forward in the first place and find him credible.
BLACKWELL: We're working on finding other witnesses.
No one's gonna say a word.
Why would they after they've kept quiet for 11 years? People can surprise you when they get the opportunity to do the right thing.
You think? Well, you have a lot higher opinion of people than I do.
I can't handle this.
Ellen, you came to us because you wanted justice.
Let me try to get it for you, please.
Alex Peterson? Who's asking? Ray Blackwell, prosecuting attorney's office.
One of my guys dip into petty cash or something? This is about you, pal.
I'd like to ask some questions.
About what? About a fraternity party.
A fraternity party? There must have been hundreds of them.
Well, this one was 11 years ago.
There was a young woman passed out in an upstairs bedroom.
Like I said, those parties were crazy.
She was drugged.
Jog your memory? Or were there hundreds of them, too? I'll make my attorney available.
October, you're talking about Bach, first big party as a pledge.
Bach? As in classical music? As in Bacchus, the Greek god of wine.
He's a demigod, actually.
If I recall, you were praying to the Greek demigod of porcelain all night long.
When you're a pledge, they build up Bacch like it's going to change your life.
Really it's just like any other party.
A bunch of horny drunks revving each other up into the red zone.
Either of you see O'Neil or Peterson that night? It was a long time ago.
They must have been-- all the seniors were there.
What about O'Neil or Peterson with this girl? Don't remember her.
Nah, no, sorry.
Take another look.
She was raped that night at your fraternity house, at that party.
Not by us, brother.
My client denies knowing Ellen Pinter, formerly Ellen Richards, and has no knowledge of the alleged events of October 13, 1996.
His friend, Tim O'Neil, tells a different story.
LAWYER: The delirium tremens ravings of an alcoholic with a guilty conscience.
In this letter of his, does O'Neil even mention a second guy? That's what I thought.
I'm sorry, I interrupted you.
You were trying to intimidate us? Does your client remember bringing roofies to that fraternity party? Roofies? It's a date rape drug, which, I'm sure you know.
Why would I need a date rape drug? Mr.
Peterson has no recollection of that particulararty.
Other witnesses will.
And this is his opportunity to come forth and tell the truth, which will be taken into consideration during sentencing.
You're getting ahead of yourself, counselor.
Other than the desperate finger-pointing of an alcoholic rapist, you have exactly what evidence against my client? Something else you want to tell me about that party? I'm actually in a hurry.
Who's the Greek demigod of lying? Who had the roofies? I don't know, but everybody was talking about them the next morning.
Did you know what Peterson and O'Neil were up to? No, no way.
I swear, I didn't see them with that girl.
What did you see? It's time to be a man, Brian.
Step up and tell the truth.
I was up on the second floor, all right? I saw Alex come out of Tim's room.
You didn't see Ellen Richards at all? Well, not that night.
The next morning I was downstairs early.
I saw her rush by, looking kind of rough.
Did you speak to her? No, I mean, I asked if she was okay, but she just blew right past me.
Later on that morning, I saw Alex and Tim having this conversation.
Tim was really freaked out about something, but Alex just kept yelling at him, telling him to shut up.
Either of them mention Ellen? No.
When Alex saw me, he kind of lost his cool for a second.
What did he say? Well he told me that if I didn't say anything, he'd make sure I got accepted into the fraternity.
Did you? I'm ashamed to say.
O'Neil's ready to testify.
We've got a witness to back up his story about Peterson possessing roofies.
This is a good day.
We should finalize O'Neil's deal.
He pleads guilty to aggravated sexual assault.
Six years, serves four.
Please tell me you're joking.
No less than ten is acceptable.
Peterson will get 20 years.
If he's convicted.
His attorney will use any deal with O'Neil to club us over the head with and discredit his testimony.
And the jury will look at O'Neil and see a guy who eventually did the right thing.
Because it's in his own best interest.
If we have a tough deal in place with him, it at least makes him more credible.
This might be one of those times when seeing the world in black and white actually impairs your vision.
You feel sorry for him? I feel sorry for his family.
Cutting a sweetheart deal with O'Neil goes against everything-- call it whatever you want-- the reason I get up every morning and go to work.
Well, that'll sound great in your retirement speech.
However, for now, you need to remember that this is how business gets done every day of the week in every prosecutor's office in this country.
question honestly.
The first time I catch you in a lie, the deal is off.
I understand.
Whose idea was it to rape Ellen Pinter? The idea to, uh, knock a girl out with roofies and take advantage of her You mean rape her.
That was Alex's.
And who picked out Ellen? I did.
She was young and pretty and Vulnerable? I was drunk and aggressive and ashamed of myself pretty much as soon as it was over.
So ashamed it took you I did a terrible thing.
I knew it.
I never did it again.
I'm not a terrible person.
You don't need to convince me of that, Mr.
O'Neil, just the jury.
CONLON: So you hear from Ed? Postcard.
Wish I was in Maui.
He says it rained every day.
He's a liar.
Speaking of it, how is New York? It's good.
Yeah? What'd Dr.
Graham say? Clean bill of health.
Nothing but acid reflux.
Oh, that's fortunate, huh? I know you had him on the phone ten minutes after I walked out of there.
I couldn't get him to tell me a damn thing.
That's 'cause it's nothing, trust me.
Alex Peterson? Want me to tell sex crimes to pick him up? O'Neil puts him in the bedroom, but as a witness, he's problematic.
Brian Hall puts him coming out of the bedroom.
Husband Craig knows more than he's saying.
Is this based on anything more than the acid reflux in your famous gut? It's body language.
The way he acts with his wife.
He's dying to get something off his chest.
But not to her.
That's why I thought I'd drop by their house a little later.
What now? Ellen is already in bed.
Oh, I was hoping to have a word with you.
Like I said, it's late.
For you too, right? Come on.
It's buzzing around like a hornet inside your head.
You're dying to tell someone what you know.
Anybody but your wife.
I heard the rumor a week later.
It was all over campus that O'Neil and Peterson drugged and raped a girl at the Bacch party.
Give me a name, Craig.
Alex Peterson.
He told you about the roofies himself? He was trying to be my buddy.
He invited me to the party and offered me one, said I should try it out on somebody.
Yeah? But I never knew who she was.
And I sure as hell didn't know Ellen was the girl.
So you've known for a month and said nothing.
I didn't want to make things even worse for you.
But that's just what you did.
Ever since Craig admitted to knowing about the roofies, I I feel so confused.
I know he says he was trying to protect me, but I feel like I can't trust him.
Are you worried about testifying? Yes.
We won't call you if you don't want us to.
Thank you.
I feel like my life, my marriage, it's all upside down.
I feel estranged from my husband.
And the man that I'm relying on for justice is one of the men who raped me.
Well, we hope to convince the jury that he's trying to make things right.
Because it's good for him.
Do you think he's really sorry for what he did? I don't know.
Are you sober? Of course.
I couldn't do that to my family.
Making amends is the ninth step.
Do you remember the tenth? Continue to take personal inventory and when I'm wrong promptly admit it.
That's just what you're doing today.
ANNABETH: Where was Alex Peterson while you raped Ellen? Outside in the hall.
After I, uh finished, I let him in.
What was Ellen doing? She'd passed out.
ANNABETH: While you were raping her? Yes.
And when Mr.
Peterson came into the room, did he say anything? Alex said she looked like she was ready to have a real good time.
And he was going to give her one.
What happened next? He raped her.
He raped her? Yes.
While she was unconscious? Yes.
And you were in the room the entire time? You witnessed all of this? Yes.
And after he was finished with her? He got dressed and went downstairs to party.
What did you do? I fell asleep.
You fell asleep next to the woman you just raped? Yes.
Mr.
O'Neil, why are you testifying for the prosecution today? It's part of my plea agreement.
So after this trial, you will be going to prison? As soon as I finish testifying.
And as part of your plea agreement, did anyone ask you to fabricate anything? Exaggerate Mr.
Peterson's role in the crime and diminish your own culpability? No.
Nothing further.
This plea agreement of yours, how long will you spend in prison? The sentence is for six years.
How long would you actually serve? About four years.
And what kind of penalty would you have faced had you stood trial like Alex Peterson? Up to 20.
So by getting on the stand and lying about Mr.
Peterson, you've been able to shave off approximately 16 years from your sentence.
Objection.
JUDGE: Sustained.
Did you tailor your testimony to obtain this enviable agreement from the prosecutor's office? that the entire plan to rape Ms.
Richards was your own? No.
Isn't it true No.
And when Alex Peterson discovered what you had done, he terminated his friendship with you and had you expelled from the fraternity.
I left on my own.
And subsequently fell into an alcoholic stupor that lasted for years.
Isn't that why you're here? Not only to save your own skin, but to have revenge on Mr.
Peterson? I came here to tell the truth.
And that's what I've done.
No point to any further questions for this witness, Your Honor.
Redirect, Your Honor.
Proceed.
Mr.
O'Neil, you came forward earlier this year of your own volition, did you not? To make amends with Ellen Pinter.
To apologize for raping her And now that you're about to go to prison, do you regret coming forward? We took advantage of an innocent girl.
I have to pay a price for that, and so does Alex.
ELLEN: This feels so strange.
Tim O'Neil had his This could be one of yours.
They're taking him to prison? Right now? Yeah.
Maybe he really does have remorse for what he did to me.
Maybe he does.
One down, one to go.
Tonight did you see Mr.
Peterson? Yes, on the second floor.
I saw Alex leaving Tim's room.
The next morning they were having this heated discussion.
Alex must have thought I'd overheard them.
Did you? Only a little bit.
Tim seemed upset but, uh Alex was laughing.
What did he say? Alex said that he was still the house's number one virgin surgeon.
And what happened next? Well, then Alex promised me that I would get into the fraternity if I didn't say anything.
A quid pro quo for your silence? That's how I understood it, yes.
Thank you, Mr.
Hall.
Alex Peterson explicitly asked you to lie for him? He promised he would get me into the fraternity.
Did he ask you not to tell anyone that he had raped Ellen Richards? Not in so many words.
In fact, not at all.
Alex was the one that had the roofies at the party.
I just put two and two together.
Did you see my client distributing this controlled substance? No, but other guys had said that he had given them roofies.
Move to strike.
Hearsay.
Sustained.
Mr.
Hall, you'll limit your testimony to those events of which you have only firsthand knowledge.
Do you have firsthand knowledge that Alex Peterson drugged and raped Ellen Richards? No.
Nothing further for this witness.
I had heard the rumors about that party, but I didn't think they were true.
We had mutual friends.
Alex was after me to join the fraternity.
The more I said no, the more he pursued me.
He invited me to the party.
He said that it was going to be the party of the year.
When I asked him why, he said he'd show me.
And what did Alex Peterson show you? Roofies.
He said that he and O'Neil were planning on trying them out that night.
There was going to be a lot of hot babes at the party.
And he asked me if I wanted one to use.
To use? On a girl.
He was offering you a date rape drug? Yeah.
And did you accept? No, of course not.
Thank you.
Your witness.
You testified that you did not attend the party in question.
That's correct.
I was at the library all night.
So you have no firsthand knowledge of any events that may or may not have occurred at that party 11 years ago.
That's right.
So this story of yours, Mr.
Pinter, that so conveniently fits into the prosecution's case like a missing piece of a puzzle-- you didn't breathe a word of this to anyone for 11 years, did you? No.
You didn't tell the school.
No.
Or the police? No.
And when you found out that your wife was the woman who, in fact, had been raped at that party, you didn't say anything to her, did you? No, I didn't.
But now, to bolster a weak case by the prosecution, you've miraculously unearthed this buried treasure of a memory.
I now realize everything I did was wrong.
That's why I'm here.
To tell the truth.
What's true is that you would walk into this courtroom and say anything-- anything-- in front of this jury, to crawl back into your wife's good graces, wouldn't you? Objection.
Sustained.
Lower the rhetoric, Mr.
Matthews.
Nothing further, Your Honor.
The People rest, Your Honor.
Court will adjourn until tomorrow, at which time the defense will have the opportunity to present its case.
I'm not sure they'll even put on a case.
You think Matthews is that confident? It's a jump ball.
Depends how O'Neil did with the jury.
If they bought his act of contrition.
You don't think they'll call Ellen? It's too risky for Matthews.
He'd have to handle her with kid gloves.
Right.
If it looks like he's beating up on the victim What about Peterson? If he puts Peterson on the stand, he risks having one of you two expose him for the smirky creep that he is.
I'm not sure if Alex Peterson's ego will let him stay off the stand.
Well, let's hope you're right.
If we get a shot at Peterson, that would be a real break.
Mr.
Matthews, are you ready to call your first witness? Yes, Your Honor.
Defense calls Ellen Pinter.
Your Honor, we were not informed of this.
We need time to prepare.
We're calling her as a rebuttal witness, Your Honor.
To whose testimony, Counselor? Timothy O'Neil.
I'll allow it.
The bailiff with locate Ms.
Pinter, bring her to court.
We will reconvene in one hour.
Mrs.
Pinter, do you see Timothy O'Neil anywhere in this courtroom? No.
Isn't he the man who raped you? One of them.
The only one you were ever aware of.
The one you identified.
The one who confessed.
The one who's now serving a prison term for that crime.
Yes.
But there was a second one.
According to Tim O'Neil.
Yes.
When did you first meet Mr.
O'Neil? When I was a freshman in college.
Where were you at the time of the crime? At his fraternity house.
Mrs.
Pinter, I'm very sorry to have to put you through this.
If you'll just bear with me.
I won't ask you to tell us what happened that night.
We've already heard Mr.
O'Neil's testimony.
What he did to you.
Thank you.
While Mr.
O'Neil assaulted you, were you conscious the entire time? At first.
At some point before he finished, I passed out.
Mrs.
Pinter, have you ever seen my client before today? Not in person, no.
Never? No.
He made sure of that when he and O'Neil drugged me.
Move to strike.
Mrs.
Pinter, please refrain from offering commentary.
Before seeing Alex Peterson in this courtroom, you wouldn't have known the difference between Alex Peterson and Payton Manning.
Yes.
So is it safe, then, to assume that you never saw him drug you? Never saw him commit any crime at all? The point of drugging a woman so that you can rape her is so that she won't be able to identify you.
But you identified Tim O'Neil, didn't you? Well, he made his move too soon.
He couldn't wait until I passed out.
The fact remains that you cannot identify Alex Peterson as a person who drugged and raped you, can you? No.
As far as you know, he never assaulted you.
As far as I know.
Mrs.
Pinter, I'm very sorry for what happened to you that night.
But the only one you know for a fact who assaulted you is who? Tim O'Neil.
Nothing further.
JUDGE: Ladies and gentlemen of the jury, the bailiff has informed me you've reached a verdict.
If the foreperson could hand it to the bailiff.
In the matter of the State of Indiana v.
Alexander David Peterson, the jury finds the defendant not guilty on all counts.
Hi.
I wanted to thank you for everything you've done for me.
And everything you tried to do.
I just wish we could have gotten a better result.
Well, what happens now is more important to me than what happened inside that courtroom.
You're right.
You know, guys like Alex Peterson, they never change.
He'll screw up again and we'll put him where he belongs.
I look forward to that.