Law & Order Special Victims Unit s03e18 Episode Script
Guilt
In the criminal justice system, sexually based offenses are considered especially heinous, In New York City, the dedicated detectives who investigate these vicious felonies are members of an elite squad known as the Special Victims Unit, These are their stories, Hey, Sammy.
Long time no see.
It's good to see you.
Glad you called.
Something happened.
Yeah, what's that? Bad.
Tell me.
My mom I think she knows.
What makes you think that? She keeps asking me questions.
Did you say anything? No, but she's all freaked out.
Okay.
It's all right.
This is no big deal now, okay? You just gotta be cool.
All right? Just be patient, just be cool, okay? Just act like an adult, like we always talk about.
Okay.
I don't want to get you in trouble, man, you know that.
Yeah.
I want to protect you, all right? Yeah.
Right? So if anybody asks you, what are you gonna tell them? What do you think I should say? That's good.
Let him hang himself.
We didn't do anything wrong, Nothing illegal happened, right? Uh-huh, Yeah, We're just good friends, He's gotta say more than that.
I told my mom nothing happened, She didn't believe me, That's all right, It's just moms, They don't always understand, Hey.
You okay, buddy? You seem really stressed out.
Run.
What? No.
They're listening, Run! Pick him up.
Pick him up.
Get him outside.
Kid tipped him off.
Don't let him near the tracks.
Barnett, can we have a word with you, please? You haven't identified yourself.
But you already know who we are, don't you, Roy? Don't worry.
We're gonna get real intimate before you know it.
What the hell just happened? The kid warned him.
It's okay.
You did good.
But we got something, right? After all that, he had to say something that we can nail him on.
Not enough.
We didn't do anything wrong, Nothing illegal happened, right? Nothing illegal.
Unless we're talking about law enforcement using a child to entrap my client.
Entrapment.
How many times do we hear that word when we record conversations? Every time.
Don't let your lawyer fool you, Mr.
Barnett.
No judge is going to throw that tape out.
Every word you said is evidence against you.
Against him? All he said was he didn't do anything wrong.
You tried to coerce your victim to lie.
You Wow, you must have super powers.
I didn't hear any of that.
You know what I heard? For four years, you've been taking Sam Cavanaugh to your apartment and forcing him to perform sex acts.
That isn't true.
Hey, pal, according to Sam it is.
Look, Sam's a great kid, but he's very troubled.
He makes things up to see what'll happen.
Why does that sound so familiar? Well, maybe it's because you used the same excuse in your statement about another boy in 1985, and again in 1990.
Now, did they make that up, too? You just make it a habit of consorting with liars.
Those were misunderstandings.
But you pled guilty to coercion and endangering a child anyway.
The world just doesn't understand men like him, who have a deep, abiding love for young boys.
You don't have the problem.
We do, right? That's a fascinating glimpse into your psyche, Detective.
If you're going to charge my client Look, can I just say one thing? I spend time with Sam because I like him.
I feel sorry for him because he doesn't have a father.
Sometimes boys just need to talk to a man.
If I'm guilty of anything, it's of having an overdeveloped sense of responsibility.
I consider Sam a friend.
I would never do anything to hurt him.
Nice performance.
He's been through the system enough to know exactly how to sound innocent.
Two more minutes and we would've had everything.
There's no guarantee Barnett would have incriminated himself on tape, even if Sam hadn't told him.
That kid worked with us for over a month.
Why change his mind now? Because part of Sam still cares for Barnett.
But Sam reported Barnett to the police.
No, he didn't.
His mother did.
That's an important distinction.
Sam told his mother about the abuse, but not before she confronted him.
From Sam's manipulated perspective, he's protecting the one man who loves him.
Barnett chooses boys who are vulnerable, boys who crave affection and support.
They're the easiest victims to control and the least likely to turn on him.
Whatever Sam's reasons are, the upshot is, we've got no case.
Well, we've still got his testimony.
Debatable.
He didn't seem too compelled to testify the last time I saw him Then we've gotta compel him.
Doc, maybe you can see where his head's at.
No, I don't think I'm the best choice.
Victims his age are afraid that because their abuser is male, they themselves might be gay.
He might perceive my presence as an accusation.
I'll talk to him.
He thinks this is all his fault.
The hardest part is going to be convincing him that he's wrong.
All right, I'll take the mother into my office.
You talk to Sam in the interview room.
What we asked you to do was a very difficult thing.
I am sorry you had to go through it.
I want you to know right now, nobody blames you for telling him, all right? I don't believe you.
Why? Because I wrecked the whole thing.
I know you're mad.
Not at you.
I understand why you wouldn't want to get Barnett in trouble.
There's nothing wrong with that.
Wrong with what? Caring about what happens to him, even if you don't want to.
Sam, what Roy Barnett did to you was never your fault.
He chose you because you are young and he could control you.
When you decide you want to be with someone, whoever that person is, it will be your choice.
I'm not a fag.
I'm not saying I have a girlfriend.
Okay I'm not a fag! I don't want to talk about it anymore! Sweetheart.
Sweetheart, wait.
What is it? I want to go home.
Oh, Sam, come on.
We can talk No, I don't want to do this! Mrs.
Cavanaugh, I'm sorry You said it would be over.
You said nothing would go wrong.
Nothing went wrong.
We've still got him in custody.
The only reason I came to you was because I didn't know what else to do.
He didn't want to call the police.
You did the right thing.
With Sam's help, we could put Barnett away for a long time.
We tried to help you.
It didn't work.
You've already come this far.
No.
I'm not going to put him through this again.
We're done.
Where's Barnett now? He's processing.
He'll be out on bail by tomorrow afternoon.
Which means we've got until then to build a case against him without Sam Cavanaugh.
Any chance on finding other victims? Barnett's parole included mandatory therapy which he allegedly attended.
I wonder what dirty little secrets he shared with that shrink.
Track down the therapist.
What else? We've gotta get into his apartment.
Guys like these, they're collectors.
So photos, videos, something to prove Sam's story.
Alex, I assume we've got cause for a warrant? Plenty.
You'll have it by the time you get there.
So much for being a collector.
This guy doesn't keep anything about his victims.
Well, he collects every single porno ever made, though.
All hetero, all adult.
Latest video games with every component state of the art.
Look at this.
Sports stuff, video games, wide screen TV, plenty of porn.
Are we sensing a theme? Yeah, it's a teenage boy's paradise.
Everything you need to seduce your next victim.
Boys probably like spending time here 'cause it's a lot more fun than their own house.
But everywhere you turn, more sex.
Get their motor running, and then just take it a little bit further every time.
Only one big problem we got.
None of this stuff is incriminating.
Nothing of note in the bedroom.
We'll take the hard drive down to the lab.
Maybe they'll have better luck.
So you were able to access it? Yeah.
But none of it's kids.
You want to see the Britney Spears collection? Maybe later.
What else did you find? Well, it's what we didn't find.
Usually the Internet files are a gold mine, but not with this guy.
He emptied out his cache, his histories, his Internet temporary directories.
Okay.
Service provider? Doesn't save its records.
Well, how the hell did he have time to get rid of all that? He didn't know we were looking at him until his arrest.
My guess is he clears out these files daily.
But I thought you guys could retrieve deleted files.
He's got one of those hard-core scrubber software on his drive.
It's not Department of Defense grade, but it's pretty thorough.
It writes over deleted files between eight and twenty times.
I've been able to extract a word, and fragments of an image here and there.
So where does that leave us? Well, give me six months, $50,000, and an electron microscope, I might be able to find something.
But I might not.
Pulled Barnett's file after I got off the phone with you.
Parole board thought he was the poster boy for the therapy program.
Sounds like you didn't believe that.
Not for a second.
Barnett was one of the most gifted liars I've met, but he was still a liar.
So is every criminal.
So is my partner, for that matter.
What makes Barnett so special? Fooled everybody around him into thinking he was cured.
Why not you? Instinct.
Quantify instinct.
I don't.
That's good.
Very scientific.
I saw it most during group therapy.
Barnett just loved listening to his fellow sex offenders disclose.
Getting his rocks off while he's supposed to be getting rehabilitated.
He wasn't the only one.
Guys like him are a big reason I left the prison system for teaching.
What about Barnett? Did he disclose? Part of his behavioral intervention.
At one point, he admitted to molesting over 100 boys.
Did he happen to mention names, dates or places? Too smart for that.
He's far more calculating than your typical pedophile.
Barnett never chooses victims of opportunity, like children of a girlfriend or a second wife.
He's a true predator.
Unrepentant, unstoppable.
No amount of therapy will change that.
You're telling me we've got nothing.
We have a victim.
Who won't testify.
We've got nothing.
Yet.
The detectives can still investigate.
Well, exactly how much more time and resources would you like to waste on this guy? It's not a waste if we nail him.
Barnett's smart.
He's not going to make it easy on us.
I had your job for 10 years.
None of these guys are Rhodes Scholars.
And in my job, you pled Barnett down.
Charged with sodomy two, you let him off on coercion.
It was a first offense, and there was no evidence.
But please, let's compare records on how many child molesters we've pled out over the years.
AII I'm saying is, these cases are never slam dunks, Liz.
Assuming you can even find the victims, they rarely want to testify.
I don't need you to tell me how the Special Victims Bureau works.
I haven't been gone that long.
The fact is, you had a slam dunk with Sam Cavanaugh, and you blew it.
I can't force him to testify.
You can try.
Barnett is let loose again, it looks bad for everybody, and the prosecutors get the brunt of the blame.
I remember that from my time in Special Victims as well.
Don't tell me that's changed.
I don't understand why you can't just go to the grand jury and tell them what Sam told you.
They'll believe you.
They need to hear it from Sam himself.
What if I told them what he told me? That's hearsay, and the law doesn't allow it.
You weren't in Barnett's apartment with Sam.
I wish I was.
Just one time.
I could have stopped it.
I would have killed him.
The only person whose fault this is is Roy Barnett's.
I want to make him pay for what he did to your son.
But if I can't put him on trial, he is going to keep doing this to other boys.
I'm sorry, Ms.
Cabot, I I know how much you love your son.
Don't let the man who did this walk away without being punished.
I know you don't want to do this.
I don't want you to either.
And I know this is my fault.
A lot of it.
And I will never forgive myself for letting that man come near you.
Mom, please.
So you tell me what you want to do.
We won't talk about it again.
You want me to tell this lady to go, I will.
You tell me what you want to do and that's what we'll do.
I'll do it.
I'll do the trial.
Okay.
It's okay if you're nervous.
This is the worst part.
Waiting.
The first time that I testified in front of all those people, I was so nervous I forgot the name of the guy I was testifying against.
How many people again? You got 16 jurors, plus Ms.
Cabot.
She said Roy was going to be there.
Not while you're testifying.
You never have to see him.
I don't care.
So now when you testify and stuff, it's easy? Not always.
But when you get older, when you're a man, you gotta do things that are difficult.
Nobody in there believes this is gonna be easy for you.
It takes a lot of guts.
A lot of courage.
Okay.
We're ready.
When was the first time you remember Mr.
Barnett touching you in a way that made you feel uncomfortable? When I was 12.
Do you remember what happened? I was at Roy's.
I mean, Mr.
Barnett's.
We were just hanging out.
He gave me some beer because I helped him change the oil in his car.
How much did you drink? I don't I don't remember.
He just kept getting me some.
Okay.
What happened next? He started showing me stuff.
Magazines.
Pictures of girls.
Then what happened? He talked about how guys liked to look at them 'cause it made them feel good, and that nothing was bad about that.
What else did he say? He said that everybody does it.
That it's no big deal.
When he touched you, what did he say? Roy said he could show me how to do it.
He said that he knew how to do it right 'cause he was older.
He said that all guys did it, and that I could be a man just like him.
After lunch I will present the rest of the testimony to the grand jury, and they will deliberate.
I don't think it'll take very long to get an indictment.
How'd it go? Sam did great.
Can we go now? I'll call you as soon as we know.
You did good.
Damn it.
Keep walking, dirt bag.
Burn in hell, you sick son of a bitch! The bastard ruined my life! Bastard ruined my life! You ruined my life, you sick bastard! I hope you rot in hell! You ruined my life! Sam.
Sam Hold the elevator.
You okay? Yeah.
I thought I was over it.
But then I saw him on the news, when you arrested him.
I saw his face, and it all came back.
I don't even know what I was trying to do.
When did it happen? It started when I was 11.
He coached baseball after school.
Picked out the "special" kids for extra practice.
How many were there? A few.
Most of them moved away or stopped going.
But I kept coming back for five years.
That's why I never told anybody.
Because eventually you have to admit, it's your choice, you know? I could have stopped it Tommy, we don't care if you went back for 10 years.
The second that he touched you, he took away your choice.
When I got older, he told me to not come over anymore.
I thought I had done something wrong.
He just kept telling me to bring my friends over.
My younger friends.
Whose fault is that? Barnett's.
He was the adult, and you were the child.
We're having trouble locating Barnett's other victims.
You remember any of these boys' names? It was a long time ago.
We really need to talk to them.
The more people who come forward, the longer he'll be in prison.
And I want to press charges against Barnett.
I'm tired of hiding from this.
How old are you now? Tommy, unfortunately the statute of limitations has already expired.
The law says that these crimes have to be reported within five years of your turning 18.
So that's it, then? I waited too long, and he just gets away with it? My client's elected not to file assault charges against his attacker.
How extremely generous of him, considering he doesn't have a scratch on him.
Mr.
Barnett would like to discuss a deal.
This is getting out of hand.
He'd like to put it behind him.
I live to make things easier for your client.
Well, we're willing to consider custodial interference two.
Consider it? You will consider a misdemeanor instead of three felony indictments? You want to put that boy through the pain of a trial? This is incredible.
Either you're a complete idiot or you think I am.
Alex, there's gotta be room for some maneuvering here.
Not this time.
It stops here.
Barnett wants to put this behind him, you tell him to plead guilty.
It'll save everybody a lot of time.
You know you've got them when the defense starts professing concern about the victim.
He is as bad as his client, hoping the victim is too traumatized to testify.
He's lucky I didn't knock his teeth down his throat.
I'd pay real money to see that.
Tommy Priore gave us a list of other boys who were possible victims of Barnett 15 years ago.
Mostly partial, nicknames, but we'll track them down.
It'll help us establish a pattern of behavior, but the statute's probably expired on all of them.
We're hoping that they'll lead us to other boys.
Barnett used to like to find his victims through referral from whoever he was molesting at the time.
Sam Cavanaugh ever refer anybody? Never said.
But then again, he hasn't been the most forthcoming kid.
I'm meeting him in an hour to go over trial procedure.
I'll ask.
Now, the defense attorney's going to try to confuse you and make it seem like you misunderstood what happened.
Just answer as honestly and briefly as possible.
You know what I mean? Yeah, just give yes or no answers.
Very good.
Look directly at him when he's asking the questions, and look at me when I'm asking them.
Mr.
Barnett will be there, but he can't say anything to you.
How long do you think it'll take? I'll try to make it go as fast as possible.
But as for the defense attorney Yeah, just yes or no answers.
You'll do fine.
I was thinking about the other boys Roy knows who maybe aren't as brave as you are.
If we knew who they were, we could help them.
Sam, do you know if there were any others? I think so.
I didn't know them, but Roy kept telling me how I was getting older, and that pretty soon I wouldn't need to be his friend anymore.
I don't really think he was your friend.
I remember this one time, Roy picked me up early from school.
He always says people need a break once in a while.
We went over to the piers, and he took me on one of those tour boats that go all around the city.
It was really freezing, and I didn't have my coat, so he gave me his.
And then when it got dark, all the lights in the city came on.
I'd never seen it like that.
It was really cool.
Then when we got back he bought me a burger and took me home.
He wasn't all weird and stuff.
He didn't try anything.
I think that was one of the best times I ever had.
How sick is that? It's not sick.
That's what he wanted you to think.
He wanted to make you like him because he knew what he was doing was wrong.
So he never really liked me? Yeah, I guess that's what I thought.
You want a ride home? My mom gave me money for a cab.
It's late.
I'll take you.
No, that's all right.
It's almost over.
I know.
Hello? Oh, my God.
He's still alive.
They're working on him now.
His mom found him.
He asphyxiated.
They don't know how long he stopped breathing.
How? Aspirin and his anti-depressants.
Get out of here.
Get her out of here! Get out! Are you happy now? Is there anything else you want him to do for you? Get out! Get out of here! Let go of me.
I'm fine.
Oh, God.
Here's what the attending told me.
Sam suffered from hypoxia due to lack of oxygen, which led to cardiac arrest.
God.
He's on a respirator now.
The neurologist said there is some brain activity.
Some? What does that mean? Is he going to wake up? Possibly.
But there's no telling how much brain damage was done.
Could it have been an accidental OD? Didn't find a note.
They don't always leave one.
Look, Alex, this kid had problems long before you I want to know if Barnett had any contact with him.
Dump the phones.
We already did it.
Barnett didn't call Sam.
Other way around.
to Barnett's near midnight.
Are you trying for coercing a witness? seem long enough.
Plus Sam initiated the contact.
It's long enough.
I don't care who made the call.
Barnett had a strong influence over him.
It is possible that he gave him the idea.
I don't want possible, I want to crucify this guy.
Where are we on unreported victims? We ran the names Tommy Priore gave us through DMV, public records, tax rolls, utilities.
We came up with one hit, Benjamin Tucker.
But you're not gonna like him.
Why? He's in Sing Sing, convicted two years ago, and his preference is eight-year-old girls.
Another pedophile.
Perfect.
Set it up.
I'll meet you there.
Where you going? To try and save this case.
Barnett's attorney filed a motion to dismiss.
Is this true? Every word.
The complaining witness is no longer available, and the prosecution cannot meet its burden of proof.
He's been incapacitated for 12 hours, Your Honor.
He's not dead.
The motion to dismiss is premature.
Devastated by hypoxia.
This leaves little room for interpretation.
So you're a doctor now? Hold on.
Is the boy going to recover or not? There's no way to answer that.
She's not a doctor either.
Mr.
Kressler, it's not particularly attractive to be so happy about this tragedy, so let's kill the enthusiasm.
However Your Honor, the People have a right to try this case.
And the defendant has the right to a speedy trial.
You've got three days.
Next? Sam Cavanaugh testified in front of a grand jury before he was made unavailable.
I would like his testimony to be read at trial.
He was never cross-examined.
My client has a right to confront his accuser.
People v, Geraci, When a witness has been intimidated by the defendant, the use of the witness's grand jury testimony as a part of the People's direct case is warranted.
Your client had contact with Sam Cavanaugh the night he overdosed.
Don't tell me that is a coincidence.
It was a 15-second phone call, originated by the witness.
Mr.
Barnett told him they couldn't speak, and he hung up on the kid.
I would hardly call this intimidation.
Four years of physical and mental abuse.
Four years of manipulating that boy into doing whatever that man told him to do.
I would argue their entire relationship led to the witness's attempted suicide.
You want to prove he tried to kill himself because he was abused so you can prove he was abused.
I What kind of logic is this? Circular logic, and it's bootstrapping.
Nice try, Ms.
Cabot, but the grand jury testimony is out.
Please, Your Honor Three days.
If the People can't make their case by then, I'll have to throw it out.
I started offending when I was 18.
I had a lot of anger, and also I had a lot of self-hatred.
You know, because of what Roy did to me.
And because my parents were distant.
That right? I read about that kid who overdosed.
You want, I could testify against Roy for molesting me.
Your history of Iying to obtain more lenient sentencing makes that a less than compelling offer.
I was a victim.
Yes, you were.
And you can help us prosecute your molester by giving us information.
You kept some kind of records when you were offending, right? Little pictures, mementos from your victims, so you could relive the excitement of it all? Yeah.
Where did Roy keep his? I don't remember.
Well, think a little harder.
Seriously.
No idea.
What do you want? Well What can you give me? We're done.
I want a transfer to a psych facility for sex offenders.
I don't belong in prison.
Oh, but Roy Barnett does.
I did some very terrible things, but I know they were wrong now.
When I'm released, I know I'm not going to put myself in those situations again.
I'm just going to stay away from temptation.
No driving by schools, no going to malls.
None of that.
If your information leads to Barnett's conviction, I will consider your request.
Only offer.
Yes or no.
Right now.
Roy knew never to keep records, but he had one weakness.
Videotapes.
Of what? Him.
With his victims.
He used to send them to us.
You got these tapes? That was his thing, not mine.
That's not good enough.
We need tangible evidence.
So you've got this overdose kid.
I guarantee Roy sent him tapes, too.
He couldn't help it.
Mrs.
Cavanaugh, we're very sorry to intrude.
May we speak with you for a moment? What are you doing here? We have some new information about Mr.
Barnett and your son, and it's extremely important that you allow us to search your home.
No.
Leave.
Mrs.
Cavanaugh, we can't begin to understand your loss, but we can arrest the man who molested Sam.
You could have taken out your gun and shot my son in the head.
It would have been the same thing.
Maybe better.
I don't ever want to see you people again.
It's okay.
Did you tell her what we were looking for? Well, before or after she started yelling for security? Does it matter? Write her a note and slip it under the door.
Leave a message on the answering machine.
Do you really think she cares about helping us make our case? Make her care.
Well, we've still got this other victim, Ben Tucker.
Never in a million years.
Why? You were sitting right across the table from him, Elliot.
Just based on that, do you think he is a good witness? Make him a good witness.
I can't make his priors disappear.
Besides, that case would never get past a grand jury.
All of a sudden you just take cases you can win? I try the cases I am handed by this squad.
You don't like the evidence I've got, find me some more.
I can't do your job, too.
You can't do my what? Out of line, Alex.
I am not out of line, and I don't work for you.
You work for me, at my discretion.
Your sole purpose in this process is to bring me a case I can prosecute, not one I have to fix.
Fine.
Then you tell us, Counselor, how can we help you put this man away? What would you like us to do? Nothing.
You've done all you can.
Are the People ready to proceed? Request a continuance, Your Honor.
We've been here before, Ms.
Cabot.
The People need more time to gather additional evidence.
Well, unfortunately, the People's time has expired.
As the defendant has the right to a speedy trial, and pursuant to CPL Section 30.
30, I have no choice but to dismiss this case.
Mr.
Barnett, you're free to go.
Stalking me, Counselor? I need a search warrant.
What are we searching for? Videotapes of Roy Barnett engaged in sex acts with minors.
You're kidding.
Where are they? Sam Cavanaugh's house.
Oh.
And his mother would rather see you dead than let you search the place.
Information from a reliable source? Don't start.
He was a victim of Barnett's until five years ago.
Which is old news.
What's the rest of the story? He's in Sing Sing for aggravated sexual abuse one, plus a separate fraud conviction.
I can't believe you're even asking.
Roy Barnett is a serial child molester.
He will not stop.
Neither of which is a reason to grant a warrant.
The tapes are.
You have no idea whether they even exist.
This is our last chance.
I have to risk it.
I won't order a search based on the dubious word of a convicted pedophile.
You look like hell, Alexandra.
Get some sleep.
Hey, where were you? We gotta go.
Coffee.
What's up? Cabot called.
She wants us to meet her at the Cavanaughs' now.
We got a search warrant? She must've called in a big favor.
Mrs.
Cavanaugh, I'm here to inform you these premises are considered a crime scene and subject to search by the police.
What crime? Your son's alleged suicide attempt.
Until we can prove otherwise, we are required to treat it as an attempted homicide.
Right.
Maybe someone stuffed the pills down his throat.
Maybe I did it.
Is that what you're saying? Mrs.
Cavanaugh, I I'd let you talk to him yourself, but he can't speak.
He's in a rehabilitation hospital.
Know when he's coming home? I am not here to upset you.
Never.
The only reason I am here is to find evidence against the man who hurt your son.
I am more than willing to accept blame for what happened to Sam, but do not let Roy Barnett get away with what he did.
Any restrictions on the search warrant? Nope.
Whatever you can find.
Liv.
What have you got? I don't know.
Return address is Barnett's.
Never bothered to open it.
Oh, he's leaving town.
You know, we're really going to miss you.
Now what? We're helping you pack.
You think all that stuff's gonna fit in his cell? Probably not.
Barnett's being processed.
We're heading to Mulligan's to celebrate.
Probably not gonna want to do that.
And why's that? Dad's mad.
Get your asses in my office.
You searched the Cavanaugh place without consent? What? Barnett's attorney's on the horn with every city official he can think of, screaming Fourth Amendment violation.
We didn't need consent.
Cabot had the search warrant.
Try again.
Are you saying Cabot told you she had a warrant? I don't remember.
Don't give me that crap.
You better start saving your own jobs and stop covering for the A.
D.
A.
She didn't actually say that she had a warrant.
But she specifically told you to meet her for a search, implying she had a warrant.
She's out of her mind.
Captain, it was a good faith search.
As far as we knew, there was a warrant.
Elliot, good faith doesn't cover Cabot Iying to you.
She did that to protect us.
What are you now, her lawyer? Those tapes showed Barnett with half a dozen other boys.
If we hadn't found them, we would have never known about his other victims.
And if a judge throws those tapes out, we know nothing.
Linda Cavanaugh never consented to any search.
The Assistant District Attorney lied her way in by claiming the apartment was a crime scene.
Sam Cavanaugh's alleged suicide attempt was never investigated.
Ms.
Cabot, you're not going to sell that here.
Don't even try it.
This was a blatant Fourth Amendment violation, sanctioned and indeed carried out by the People.
Therefore, any evidence found must be suppressed.
Mr.
Barnett's Fourth Amendment rights were not violated.
Linda Cavanaugh's certainly were, but she isn't the defendant.
Mr.
Barnett is.
He has no standing to contest a search of someone else's home.
Are you actually arguing that you can march in like the Gestapo and search any private residence? I am arguing I can search any private residence that doesn't belong to your client.
And it will have no bearing on these proceedings.
While I deplore the Assistant District Attorney's actions, I am forced to agree that the illegal search of Linda Cavanaugh's residence is a civil tort.
The defendant's privacy was not violated, and therefore he has no legal standing to contest the search.
Motion to suppress the evidence is denied.
Ms.
Cabot, I scarcely know where to begin.
The liberties you have taken, the disdain you have shown toward the law in this court, are highly unethical and a disgrace to your position.
Be assured, I will recommend your office to look into your actions.
And you have done yourself a real disservice in my courtroom.
I won't forget it.
The tapes are in.
Good.
What about you? Petrovsky acted like I killed her dog.
Just one more enemy to add to the list.
You took a big chance.
You were never in jeopardy.
I made sure of that.
It will all fall on me.
You should've told us.
I am sorry.
No, you're not.
I am sorry you were ever in the middle of this.
But you're right.
I'm not sorry about the rest.
I have to go.
I have an arraignment.
"Docket number 51024.
People v, Roy Johnathan Barnett, "Six counts Sodomy in the Second Degree.
"Six counts Use of a Child in a Sexual Performance.
"Six counts Promoting an Obscene Sexual Performance by a Child.
"Six counts Possessing an Obscene Sexual performance by a Child.
"Six counts Sexual abuse in the Second Degree.
" How do you plead? One month's suspension without pay, and that's a gift, so you can save the arguments.
I have no argument.
Linda Cavanaugh decided not to file a civil suit against you, me, the police department, and the city for your illegal search.
So may I offer you a big congratulations on successfully setting civil liberties back 200 years? It was her choice.
Oh, she had a choice? Deciding her right to privacy wasn't as important as putting her son's molester in prison.
No, Alex, you decided that for her.
And you think that's just fine.
You think that makes you passionate and righteous.
The ends justify the means because you got away with it.
I take full responsibility for my actions.
Of course.
You did it for the greater good, the safety of society.
Bull.
You did this for you.
I did this for hundreds of Barnett's future victims.
One.
One victim.
Sam Cavanaugh.
Did it work? Did it assuage your guilt? No.
I don't think that's gonna happen any time soon.
I got news for you.
It won't happen.
Ever.
Long time no see.
It's good to see you.
Glad you called.
Something happened.
Yeah, what's that? Bad.
Tell me.
My mom I think she knows.
What makes you think that? She keeps asking me questions.
Did you say anything? No, but she's all freaked out.
Okay.
It's all right.
This is no big deal now, okay? You just gotta be cool.
All right? Just be patient, just be cool, okay? Just act like an adult, like we always talk about.
Okay.
I don't want to get you in trouble, man, you know that.
Yeah.
I want to protect you, all right? Yeah.
Right? So if anybody asks you, what are you gonna tell them? What do you think I should say? That's good.
Let him hang himself.
We didn't do anything wrong, Nothing illegal happened, right? Uh-huh, Yeah, We're just good friends, He's gotta say more than that.
I told my mom nothing happened, She didn't believe me, That's all right, It's just moms, They don't always understand, Hey.
You okay, buddy? You seem really stressed out.
Run.
What? No.
They're listening, Run! Pick him up.
Pick him up.
Get him outside.
Kid tipped him off.
Don't let him near the tracks.
Barnett, can we have a word with you, please? You haven't identified yourself.
But you already know who we are, don't you, Roy? Don't worry.
We're gonna get real intimate before you know it.
What the hell just happened? The kid warned him.
It's okay.
You did good.
But we got something, right? After all that, he had to say something that we can nail him on.
Not enough.
We didn't do anything wrong, Nothing illegal happened, right? Nothing illegal.
Unless we're talking about law enforcement using a child to entrap my client.
Entrapment.
How many times do we hear that word when we record conversations? Every time.
Don't let your lawyer fool you, Mr.
Barnett.
No judge is going to throw that tape out.
Every word you said is evidence against you.
Against him? All he said was he didn't do anything wrong.
You tried to coerce your victim to lie.
You Wow, you must have super powers.
I didn't hear any of that.
You know what I heard? For four years, you've been taking Sam Cavanaugh to your apartment and forcing him to perform sex acts.
That isn't true.
Hey, pal, according to Sam it is.
Look, Sam's a great kid, but he's very troubled.
He makes things up to see what'll happen.
Why does that sound so familiar? Well, maybe it's because you used the same excuse in your statement about another boy in 1985, and again in 1990.
Now, did they make that up, too? You just make it a habit of consorting with liars.
Those were misunderstandings.
But you pled guilty to coercion and endangering a child anyway.
The world just doesn't understand men like him, who have a deep, abiding love for young boys.
You don't have the problem.
We do, right? That's a fascinating glimpse into your psyche, Detective.
If you're going to charge my client Look, can I just say one thing? I spend time with Sam because I like him.
I feel sorry for him because he doesn't have a father.
Sometimes boys just need to talk to a man.
If I'm guilty of anything, it's of having an overdeveloped sense of responsibility.
I consider Sam a friend.
I would never do anything to hurt him.
Nice performance.
He's been through the system enough to know exactly how to sound innocent.
Two more minutes and we would've had everything.
There's no guarantee Barnett would have incriminated himself on tape, even if Sam hadn't told him.
That kid worked with us for over a month.
Why change his mind now? Because part of Sam still cares for Barnett.
But Sam reported Barnett to the police.
No, he didn't.
His mother did.
That's an important distinction.
Sam told his mother about the abuse, but not before she confronted him.
From Sam's manipulated perspective, he's protecting the one man who loves him.
Barnett chooses boys who are vulnerable, boys who crave affection and support.
They're the easiest victims to control and the least likely to turn on him.
Whatever Sam's reasons are, the upshot is, we've got no case.
Well, we've still got his testimony.
Debatable.
He didn't seem too compelled to testify the last time I saw him Then we've gotta compel him.
Doc, maybe you can see where his head's at.
No, I don't think I'm the best choice.
Victims his age are afraid that because their abuser is male, they themselves might be gay.
He might perceive my presence as an accusation.
I'll talk to him.
He thinks this is all his fault.
The hardest part is going to be convincing him that he's wrong.
All right, I'll take the mother into my office.
You talk to Sam in the interview room.
What we asked you to do was a very difficult thing.
I am sorry you had to go through it.
I want you to know right now, nobody blames you for telling him, all right? I don't believe you.
Why? Because I wrecked the whole thing.
I know you're mad.
Not at you.
I understand why you wouldn't want to get Barnett in trouble.
There's nothing wrong with that.
Wrong with what? Caring about what happens to him, even if you don't want to.
Sam, what Roy Barnett did to you was never your fault.
He chose you because you are young and he could control you.
When you decide you want to be with someone, whoever that person is, it will be your choice.
I'm not a fag.
I'm not saying I have a girlfriend.
Okay I'm not a fag! I don't want to talk about it anymore! Sweetheart.
Sweetheart, wait.
What is it? I want to go home.
Oh, Sam, come on.
We can talk No, I don't want to do this! Mrs.
Cavanaugh, I'm sorry You said it would be over.
You said nothing would go wrong.
Nothing went wrong.
We've still got him in custody.
The only reason I came to you was because I didn't know what else to do.
He didn't want to call the police.
You did the right thing.
With Sam's help, we could put Barnett away for a long time.
We tried to help you.
It didn't work.
You've already come this far.
No.
I'm not going to put him through this again.
We're done.
Where's Barnett now? He's processing.
He'll be out on bail by tomorrow afternoon.
Which means we've got until then to build a case against him without Sam Cavanaugh.
Any chance on finding other victims? Barnett's parole included mandatory therapy which he allegedly attended.
I wonder what dirty little secrets he shared with that shrink.
Track down the therapist.
What else? We've gotta get into his apartment.
Guys like these, they're collectors.
So photos, videos, something to prove Sam's story.
Alex, I assume we've got cause for a warrant? Plenty.
You'll have it by the time you get there.
So much for being a collector.
This guy doesn't keep anything about his victims.
Well, he collects every single porno ever made, though.
All hetero, all adult.
Latest video games with every component state of the art.
Look at this.
Sports stuff, video games, wide screen TV, plenty of porn.
Are we sensing a theme? Yeah, it's a teenage boy's paradise.
Everything you need to seduce your next victim.
Boys probably like spending time here 'cause it's a lot more fun than their own house.
But everywhere you turn, more sex.
Get their motor running, and then just take it a little bit further every time.
Only one big problem we got.
None of this stuff is incriminating.
Nothing of note in the bedroom.
We'll take the hard drive down to the lab.
Maybe they'll have better luck.
So you were able to access it? Yeah.
But none of it's kids.
You want to see the Britney Spears collection? Maybe later.
What else did you find? Well, it's what we didn't find.
Usually the Internet files are a gold mine, but not with this guy.
He emptied out his cache, his histories, his Internet temporary directories.
Okay.
Service provider? Doesn't save its records.
Well, how the hell did he have time to get rid of all that? He didn't know we were looking at him until his arrest.
My guess is he clears out these files daily.
But I thought you guys could retrieve deleted files.
He's got one of those hard-core scrubber software on his drive.
It's not Department of Defense grade, but it's pretty thorough.
It writes over deleted files between eight and twenty times.
I've been able to extract a word, and fragments of an image here and there.
So where does that leave us? Well, give me six months, $50,000, and an electron microscope, I might be able to find something.
But I might not.
Pulled Barnett's file after I got off the phone with you.
Parole board thought he was the poster boy for the therapy program.
Sounds like you didn't believe that.
Not for a second.
Barnett was one of the most gifted liars I've met, but he was still a liar.
So is every criminal.
So is my partner, for that matter.
What makes Barnett so special? Fooled everybody around him into thinking he was cured.
Why not you? Instinct.
Quantify instinct.
I don't.
That's good.
Very scientific.
I saw it most during group therapy.
Barnett just loved listening to his fellow sex offenders disclose.
Getting his rocks off while he's supposed to be getting rehabilitated.
He wasn't the only one.
Guys like him are a big reason I left the prison system for teaching.
What about Barnett? Did he disclose? Part of his behavioral intervention.
At one point, he admitted to molesting over 100 boys.
Did he happen to mention names, dates or places? Too smart for that.
He's far more calculating than your typical pedophile.
Barnett never chooses victims of opportunity, like children of a girlfriend or a second wife.
He's a true predator.
Unrepentant, unstoppable.
No amount of therapy will change that.
You're telling me we've got nothing.
We have a victim.
Who won't testify.
We've got nothing.
Yet.
The detectives can still investigate.
Well, exactly how much more time and resources would you like to waste on this guy? It's not a waste if we nail him.
Barnett's smart.
He's not going to make it easy on us.
I had your job for 10 years.
None of these guys are Rhodes Scholars.
And in my job, you pled Barnett down.
Charged with sodomy two, you let him off on coercion.
It was a first offense, and there was no evidence.
But please, let's compare records on how many child molesters we've pled out over the years.
AII I'm saying is, these cases are never slam dunks, Liz.
Assuming you can even find the victims, they rarely want to testify.
I don't need you to tell me how the Special Victims Bureau works.
I haven't been gone that long.
The fact is, you had a slam dunk with Sam Cavanaugh, and you blew it.
I can't force him to testify.
You can try.
Barnett is let loose again, it looks bad for everybody, and the prosecutors get the brunt of the blame.
I remember that from my time in Special Victims as well.
Don't tell me that's changed.
I don't understand why you can't just go to the grand jury and tell them what Sam told you.
They'll believe you.
They need to hear it from Sam himself.
What if I told them what he told me? That's hearsay, and the law doesn't allow it.
You weren't in Barnett's apartment with Sam.
I wish I was.
Just one time.
I could have stopped it.
I would have killed him.
The only person whose fault this is is Roy Barnett's.
I want to make him pay for what he did to your son.
But if I can't put him on trial, he is going to keep doing this to other boys.
I'm sorry, Ms.
Cabot, I I know how much you love your son.
Don't let the man who did this walk away without being punished.
I know you don't want to do this.
I don't want you to either.
And I know this is my fault.
A lot of it.
And I will never forgive myself for letting that man come near you.
Mom, please.
So you tell me what you want to do.
We won't talk about it again.
You want me to tell this lady to go, I will.
You tell me what you want to do and that's what we'll do.
I'll do it.
I'll do the trial.
Okay.
It's okay if you're nervous.
This is the worst part.
Waiting.
The first time that I testified in front of all those people, I was so nervous I forgot the name of the guy I was testifying against.
How many people again? You got 16 jurors, plus Ms.
Cabot.
She said Roy was going to be there.
Not while you're testifying.
You never have to see him.
I don't care.
So now when you testify and stuff, it's easy? Not always.
But when you get older, when you're a man, you gotta do things that are difficult.
Nobody in there believes this is gonna be easy for you.
It takes a lot of guts.
A lot of courage.
Okay.
We're ready.
When was the first time you remember Mr.
Barnett touching you in a way that made you feel uncomfortable? When I was 12.
Do you remember what happened? I was at Roy's.
I mean, Mr.
Barnett's.
We were just hanging out.
He gave me some beer because I helped him change the oil in his car.
How much did you drink? I don't I don't remember.
He just kept getting me some.
Okay.
What happened next? He started showing me stuff.
Magazines.
Pictures of girls.
Then what happened? He talked about how guys liked to look at them 'cause it made them feel good, and that nothing was bad about that.
What else did he say? He said that everybody does it.
That it's no big deal.
When he touched you, what did he say? Roy said he could show me how to do it.
He said that he knew how to do it right 'cause he was older.
He said that all guys did it, and that I could be a man just like him.
After lunch I will present the rest of the testimony to the grand jury, and they will deliberate.
I don't think it'll take very long to get an indictment.
How'd it go? Sam did great.
Can we go now? I'll call you as soon as we know.
You did good.
Damn it.
Keep walking, dirt bag.
Burn in hell, you sick son of a bitch! The bastard ruined my life! Bastard ruined my life! You ruined my life, you sick bastard! I hope you rot in hell! You ruined my life! Sam.
Sam Hold the elevator.
You okay? Yeah.
I thought I was over it.
But then I saw him on the news, when you arrested him.
I saw his face, and it all came back.
I don't even know what I was trying to do.
When did it happen? It started when I was 11.
He coached baseball after school.
Picked out the "special" kids for extra practice.
How many were there? A few.
Most of them moved away or stopped going.
But I kept coming back for five years.
That's why I never told anybody.
Because eventually you have to admit, it's your choice, you know? I could have stopped it Tommy, we don't care if you went back for 10 years.
The second that he touched you, he took away your choice.
When I got older, he told me to not come over anymore.
I thought I had done something wrong.
He just kept telling me to bring my friends over.
My younger friends.
Whose fault is that? Barnett's.
He was the adult, and you were the child.
We're having trouble locating Barnett's other victims.
You remember any of these boys' names? It was a long time ago.
We really need to talk to them.
The more people who come forward, the longer he'll be in prison.
And I want to press charges against Barnett.
I'm tired of hiding from this.
How old are you now? Tommy, unfortunately the statute of limitations has already expired.
The law says that these crimes have to be reported within five years of your turning 18.
So that's it, then? I waited too long, and he just gets away with it? My client's elected not to file assault charges against his attacker.
How extremely generous of him, considering he doesn't have a scratch on him.
Mr.
Barnett would like to discuss a deal.
This is getting out of hand.
He'd like to put it behind him.
I live to make things easier for your client.
Well, we're willing to consider custodial interference two.
Consider it? You will consider a misdemeanor instead of three felony indictments? You want to put that boy through the pain of a trial? This is incredible.
Either you're a complete idiot or you think I am.
Alex, there's gotta be room for some maneuvering here.
Not this time.
It stops here.
Barnett wants to put this behind him, you tell him to plead guilty.
It'll save everybody a lot of time.
You know you've got them when the defense starts professing concern about the victim.
He is as bad as his client, hoping the victim is too traumatized to testify.
He's lucky I didn't knock his teeth down his throat.
I'd pay real money to see that.
Tommy Priore gave us a list of other boys who were possible victims of Barnett 15 years ago.
Mostly partial, nicknames, but we'll track them down.
It'll help us establish a pattern of behavior, but the statute's probably expired on all of them.
We're hoping that they'll lead us to other boys.
Barnett used to like to find his victims through referral from whoever he was molesting at the time.
Sam Cavanaugh ever refer anybody? Never said.
But then again, he hasn't been the most forthcoming kid.
I'm meeting him in an hour to go over trial procedure.
I'll ask.
Now, the defense attorney's going to try to confuse you and make it seem like you misunderstood what happened.
Just answer as honestly and briefly as possible.
You know what I mean? Yeah, just give yes or no answers.
Very good.
Look directly at him when he's asking the questions, and look at me when I'm asking them.
Mr.
Barnett will be there, but he can't say anything to you.
How long do you think it'll take? I'll try to make it go as fast as possible.
But as for the defense attorney Yeah, just yes or no answers.
You'll do fine.
I was thinking about the other boys Roy knows who maybe aren't as brave as you are.
If we knew who they were, we could help them.
Sam, do you know if there were any others? I think so.
I didn't know them, but Roy kept telling me how I was getting older, and that pretty soon I wouldn't need to be his friend anymore.
I don't really think he was your friend.
I remember this one time, Roy picked me up early from school.
He always says people need a break once in a while.
We went over to the piers, and he took me on one of those tour boats that go all around the city.
It was really freezing, and I didn't have my coat, so he gave me his.
And then when it got dark, all the lights in the city came on.
I'd never seen it like that.
It was really cool.
Then when we got back he bought me a burger and took me home.
He wasn't all weird and stuff.
He didn't try anything.
I think that was one of the best times I ever had.
How sick is that? It's not sick.
That's what he wanted you to think.
He wanted to make you like him because he knew what he was doing was wrong.
So he never really liked me? Yeah, I guess that's what I thought.
You want a ride home? My mom gave me money for a cab.
It's late.
I'll take you.
No, that's all right.
It's almost over.
I know.
Hello? Oh, my God.
He's still alive.
They're working on him now.
His mom found him.
He asphyxiated.
They don't know how long he stopped breathing.
How? Aspirin and his anti-depressants.
Get out of here.
Get her out of here! Get out! Are you happy now? Is there anything else you want him to do for you? Get out! Get out of here! Let go of me.
I'm fine.
Oh, God.
Here's what the attending told me.
Sam suffered from hypoxia due to lack of oxygen, which led to cardiac arrest.
God.
He's on a respirator now.
The neurologist said there is some brain activity.
Some? What does that mean? Is he going to wake up? Possibly.
But there's no telling how much brain damage was done.
Could it have been an accidental OD? Didn't find a note.
They don't always leave one.
Look, Alex, this kid had problems long before you I want to know if Barnett had any contact with him.
Dump the phones.
We already did it.
Barnett didn't call Sam.
Other way around.
to Barnett's near midnight.
Are you trying for coercing a witness? seem long enough.
Plus Sam initiated the contact.
It's long enough.
I don't care who made the call.
Barnett had a strong influence over him.
It is possible that he gave him the idea.
I don't want possible, I want to crucify this guy.
Where are we on unreported victims? We ran the names Tommy Priore gave us through DMV, public records, tax rolls, utilities.
We came up with one hit, Benjamin Tucker.
But you're not gonna like him.
Why? He's in Sing Sing, convicted two years ago, and his preference is eight-year-old girls.
Another pedophile.
Perfect.
Set it up.
I'll meet you there.
Where you going? To try and save this case.
Barnett's attorney filed a motion to dismiss.
Is this true? Every word.
The complaining witness is no longer available, and the prosecution cannot meet its burden of proof.
He's been incapacitated for 12 hours, Your Honor.
He's not dead.
The motion to dismiss is premature.
Devastated by hypoxia.
This leaves little room for interpretation.
So you're a doctor now? Hold on.
Is the boy going to recover or not? There's no way to answer that.
She's not a doctor either.
Mr.
Kressler, it's not particularly attractive to be so happy about this tragedy, so let's kill the enthusiasm.
However Your Honor, the People have a right to try this case.
And the defendant has the right to a speedy trial.
You've got three days.
Next? Sam Cavanaugh testified in front of a grand jury before he was made unavailable.
I would like his testimony to be read at trial.
He was never cross-examined.
My client has a right to confront his accuser.
People v, Geraci, When a witness has been intimidated by the defendant, the use of the witness's grand jury testimony as a part of the People's direct case is warranted.
Your client had contact with Sam Cavanaugh the night he overdosed.
Don't tell me that is a coincidence.
It was a 15-second phone call, originated by the witness.
Mr.
Barnett told him they couldn't speak, and he hung up on the kid.
I would hardly call this intimidation.
Four years of physical and mental abuse.
Four years of manipulating that boy into doing whatever that man told him to do.
I would argue their entire relationship led to the witness's attempted suicide.
You want to prove he tried to kill himself because he was abused so you can prove he was abused.
I What kind of logic is this? Circular logic, and it's bootstrapping.
Nice try, Ms.
Cabot, but the grand jury testimony is out.
Please, Your Honor Three days.
If the People can't make their case by then, I'll have to throw it out.
I started offending when I was 18.
I had a lot of anger, and also I had a lot of self-hatred.
You know, because of what Roy did to me.
And because my parents were distant.
That right? I read about that kid who overdosed.
You want, I could testify against Roy for molesting me.
Your history of Iying to obtain more lenient sentencing makes that a less than compelling offer.
I was a victim.
Yes, you were.
And you can help us prosecute your molester by giving us information.
You kept some kind of records when you were offending, right? Little pictures, mementos from your victims, so you could relive the excitement of it all? Yeah.
Where did Roy keep his? I don't remember.
Well, think a little harder.
Seriously.
No idea.
What do you want? Well What can you give me? We're done.
I want a transfer to a psych facility for sex offenders.
I don't belong in prison.
Oh, but Roy Barnett does.
I did some very terrible things, but I know they were wrong now.
When I'm released, I know I'm not going to put myself in those situations again.
I'm just going to stay away from temptation.
No driving by schools, no going to malls.
None of that.
If your information leads to Barnett's conviction, I will consider your request.
Only offer.
Yes or no.
Right now.
Roy knew never to keep records, but he had one weakness.
Videotapes.
Of what? Him.
With his victims.
He used to send them to us.
You got these tapes? That was his thing, not mine.
That's not good enough.
We need tangible evidence.
So you've got this overdose kid.
I guarantee Roy sent him tapes, too.
He couldn't help it.
Mrs.
Cavanaugh, we're very sorry to intrude.
May we speak with you for a moment? What are you doing here? We have some new information about Mr.
Barnett and your son, and it's extremely important that you allow us to search your home.
No.
Leave.
Mrs.
Cavanaugh, we can't begin to understand your loss, but we can arrest the man who molested Sam.
You could have taken out your gun and shot my son in the head.
It would have been the same thing.
Maybe better.
I don't ever want to see you people again.
It's okay.
Did you tell her what we were looking for? Well, before or after she started yelling for security? Does it matter? Write her a note and slip it under the door.
Leave a message on the answering machine.
Do you really think she cares about helping us make our case? Make her care.
Well, we've still got this other victim, Ben Tucker.
Never in a million years.
Why? You were sitting right across the table from him, Elliot.
Just based on that, do you think he is a good witness? Make him a good witness.
I can't make his priors disappear.
Besides, that case would never get past a grand jury.
All of a sudden you just take cases you can win? I try the cases I am handed by this squad.
You don't like the evidence I've got, find me some more.
I can't do your job, too.
You can't do my what? Out of line, Alex.
I am not out of line, and I don't work for you.
You work for me, at my discretion.
Your sole purpose in this process is to bring me a case I can prosecute, not one I have to fix.
Fine.
Then you tell us, Counselor, how can we help you put this man away? What would you like us to do? Nothing.
You've done all you can.
Are the People ready to proceed? Request a continuance, Your Honor.
We've been here before, Ms.
Cabot.
The People need more time to gather additional evidence.
Well, unfortunately, the People's time has expired.
As the defendant has the right to a speedy trial, and pursuant to CPL Section 30.
30, I have no choice but to dismiss this case.
Mr.
Barnett, you're free to go.
Stalking me, Counselor? I need a search warrant.
What are we searching for? Videotapes of Roy Barnett engaged in sex acts with minors.
You're kidding.
Where are they? Sam Cavanaugh's house.
Oh.
And his mother would rather see you dead than let you search the place.
Information from a reliable source? Don't start.
He was a victim of Barnett's until five years ago.
Which is old news.
What's the rest of the story? He's in Sing Sing for aggravated sexual abuse one, plus a separate fraud conviction.
I can't believe you're even asking.
Roy Barnett is a serial child molester.
He will not stop.
Neither of which is a reason to grant a warrant.
The tapes are.
You have no idea whether they even exist.
This is our last chance.
I have to risk it.
I won't order a search based on the dubious word of a convicted pedophile.
You look like hell, Alexandra.
Get some sleep.
Hey, where were you? We gotta go.
Coffee.
What's up? Cabot called.
She wants us to meet her at the Cavanaughs' now.
We got a search warrant? She must've called in a big favor.
Mrs.
Cavanaugh, I'm here to inform you these premises are considered a crime scene and subject to search by the police.
What crime? Your son's alleged suicide attempt.
Until we can prove otherwise, we are required to treat it as an attempted homicide.
Right.
Maybe someone stuffed the pills down his throat.
Maybe I did it.
Is that what you're saying? Mrs.
Cavanaugh, I I'd let you talk to him yourself, but he can't speak.
He's in a rehabilitation hospital.
Know when he's coming home? I am not here to upset you.
Never.
The only reason I am here is to find evidence against the man who hurt your son.
I am more than willing to accept blame for what happened to Sam, but do not let Roy Barnett get away with what he did.
Any restrictions on the search warrant? Nope.
Whatever you can find.
Liv.
What have you got? I don't know.
Return address is Barnett's.
Never bothered to open it.
Oh, he's leaving town.
You know, we're really going to miss you.
Now what? We're helping you pack.
You think all that stuff's gonna fit in his cell? Probably not.
Barnett's being processed.
We're heading to Mulligan's to celebrate.
Probably not gonna want to do that.
And why's that? Dad's mad.
Get your asses in my office.
You searched the Cavanaugh place without consent? What? Barnett's attorney's on the horn with every city official he can think of, screaming Fourth Amendment violation.
We didn't need consent.
Cabot had the search warrant.
Try again.
Are you saying Cabot told you she had a warrant? I don't remember.
Don't give me that crap.
You better start saving your own jobs and stop covering for the A.
D.
A.
She didn't actually say that she had a warrant.
But she specifically told you to meet her for a search, implying she had a warrant.
She's out of her mind.
Captain, it was a good faith search.
As far as we knew, there was a warrant.
Elliot, good faith doesn't cover Cabot Iying to you.
She did that to protect us.
What are you now, her lawyer? Those tapes showed Barnett with half a dozen other boys.
If we hadn't found them, we would have never known about his other victims.
And if a judge throws those tapes out, we know nothing.
Linda Cavanaugh never consented to any search.
The Assistant District Attorney lied her way in by claiming the apartment was a crime scene.
Sam Cavanaugh's alleged suicide attempt was never investigated.
Ms.
Cabot, you're not going to sell that here.
Don't even try it.
This was a blatant Fourth Amendment violation, sanctioned and indeed carried out by the People.
Therefore, any evidence found must be suppressed.
Mr.
Barnett's Fourth Amendment rights were not violated.
Linda Cavanaugh's certainly were, but she isn't the defendant.
Mr.
Barnett is.
He has no standing to contest a search of someone else's home.
Are you actually arguing that you can march in like the Gestapo and search any private residence? I am arguing I can search any private residence that doesn't belong to your client.
And it will have no bearing on these proceedings.
While I deplore the Assistant District Attorney's actions, I am forced to agree that the illegal search of Linda Cavanaugh's residence is a civil tort.
The defendant's privacy was not violated, and therefore he has no legal standing to contest the search.
Motion to suppress the evidence is denied.
Ms.
Cabot, I scarcely know where to begin.
The liberties you have taken, the disdain you have shown toward the law in this court, are highly unethical and a disgrace to your position.
Be assured, I will recommend your office to look into your actions.
And you have done yourself a real disservice in my courtroom.
I won't forget it.
The tapes are in.
Good.
What about you? Petrovsky acted like I killed her dog.
Just one more enemy to add to the list.
You took a big chance.
You were never in jeopardy.
I made sure of that.
It will all fall on me.
You should've told us.
I am sorry.
No, you're not.
I am sorry you were ever in the middle of this.
But you're right.
I'm not sorry about the rest.
I have to go.
I have an arraignment.
"Docket number 51024.
People v, Roy Johnathan Barnett, "Six counts Sodomy in the Second Degree.
"Six counts Use of a Child in a Sexual Performance.
"Six counts Promoting an Obscene Sexual Performance by a Child.
"Six counts Possessing an Obscene Sexual performance by a Child.
"Six counts Sexual abuse in the Second Degree.
" How do you plead? One month's suspension without pay, and that's a gift, so you can save the arguments.
I have no argument.
Linda Cavanaugh decided not to file a civil suit against you, me, the police department, and the city for your illegal search.
So may I offer you a big congratulations on successfully setting civil liberties back 200 years? It was her choice.
Oh, she had a choice? Deciding her right to privacy wasn't as important as putting her son's molester in prison.
No, Alex, you decided that for her.
And you think that's just fine.
You think that makes you passionate and righteous.
The ends justify the means because you got away with it.
I take full responsibility for my actions.
Of course.
You did it for the greater good, the safety of society.
Bull.
You did this for you.
I did this for hundreds of Barnett's future victims.
One.
One victim.
Sam Cavanaugh.
Did it work? Did it assuage your guilt? No.
I don't think that's gonna happen any time soon.
I got news for you.
It won't happen.
Ever.