Law & Order Special Victims Unit s03e22 Episode Script
Competence
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, You looking for somebody? Officer downstairs said somebody in Special Victims could help me.
Who's catching? Yo.
That'd be me.
I'll call you back.
Hi.
I'm Detective Stabler.
Rebecca Tolliver.
Is there someplace where we can speak privately? Of course.
How can I help you today? I need to report a rape.
Right through here.
I didn't know how to handle this.
You did the right thing coming here.
Have you been to see a doctor yet? I wasn't attacked.
It's my daughter, Katie.
What happened to Katie? I'm not exactly sure.
How do you know she was raped? She started throwing up.
I took her to the doctor.
She's pregnant.
Does Katie have a boyfriend? No, never.
No.
How old is she? Twenty-two.
Ms.
Tolliver, your daughter is an adult.
If she were raped, she needs to report it.
Talk to her.
She's waiting in the hallway.
Hi, Katie.
I'm Detective Stabler.
How do you introduce yourself? I'm Katie.
It's nice to meet you, Katie.
So, Katie, your mom says that she took you to the doctor.
I don't feel good.
What happens when you don't feel good? I throw up.
How come you're throwing up? 'Cause the doctor says I got a baby in me.
But there's no daddy.
Babies need a mommy and a daddy.
Could I have a glass of water? Sure.
Is Katie's father still in the picture? He left us after Katie was born.
Can you think of anyone who's shown any undue interest in Katie recently? No, but she's away from me all day long.
I have to work, so Katie goes to a day program, and she has a part-time job three afternoons a week.
It would be easy for someone to take advantage of her.
Ms.
Tolliver, have you discussed sex with Katie? She has the mind of a child.
She'd never understand.
Could I hear what they're saying? Of course.
Katie, do you know where babies come from? It's It's private.
It's okay.
You can tell me.
We're both girls.
My mom will be mad.
No, she won't.
I talked to her.
She said that it was okay.
Babies come from sex.
Mmm-hmm.
Do you know what sex is, Katie? A mommy and daddy kiss and hold hands.
Mmm-hmm.
Do you kiss and hold hands with anybody? It's okay.
You can tell me.
It'll be our secret.
I'm gonna throw up.
Okay.
Come on.
Come on, sweetie.
Let's go.
I have to help her.
Ms.
Tolliver, Detective Stabler's gonna need whatever information you can give him for his report.
After I check on Katie.
I want you to find the son of a bitch that did this to us! Did this to us? Woman spent her life taking care of a special needs child who's now an adult.
Her nest will never be empty.
Look, I'm very sympathetic, but we might have more to work with had she taught Katie about the facts of life.
And until Katie knows them, she's not gonna be able to tell us who raped her.
We educate her, she testifies, jury thinks we coached her.
Maybe we should call the shrink to evaluate her.
I'll call Huang.
In the meantime, let's check with Katie's doctor.
See if he gave her a pelvic exam.
Then I wanna nail down her daily routine.
Ms.
Tolliver, this is our department psychiatrist, Dr.
George Huang.
How many people do we have to talk to? Ma'am, I'd just like a few minutes with your daughter to explore her comprehension of what happened to her.
Can't this wait till tomorrow? Ma'am, the more the time passes, the less chance we have of catching I just can't put her through any more now, Detective.
Come on, Katie, we're going home.
She thinks you just file a complaint, we do the rest.
Just means we got to find another way in.
What do we got so far? Well, Katie's doctor confirms the pregnancy.
Said she had sex repeatedly, but there's no way to tell whether it was forcible.
She goes to a day center in Murray Hill five days a week, and she works at a nearby grocery Tuesdays, Thursdays and Fridays.
Fin and Munch will check out the grocery store.
You two hit the day center.
Okay.
Katie would have been tested for placement in the appropriate classes.
If you can get the results, I'll have a better idea of her abilities.
Katie's IQ is around 55.
It's borderline between mild and moderate mental retardation.
Her mother kept her home today.
How's she doing? She's confused.
She doesn't understand what's happening to her.
Yeah, she'd understand more if her mother let her out of the cocoon.
Parent's first instinct is to protect their children.
Rebecca Tolliver is overprotective.
Doesn't think Katie can function in the world without her.
And you disagree.
Yes, I do.
And what does Katie do when she's here? Art and music therapy, life skills training.
We also teach independent living, dating and sex education, but Katie's mother won't let her take any of those.
How carefully do you screen your employees? Background checks, references.
We've never had a problem.
Katie have any friends we can talk to? Her best friend is Danny Jordan.
He's one of our success stories.
Any chance they're more than friends? We supervise our clients very closely.
Nobody here has ever reported Danny touching Katie.
And he's taken our dating class and sex ed.
I know what sex is.
Did you ever tell Katie? No.
How come? She has to learn about it in school first.
That's That's what our teacher said.
You and Katie ever have sex? No.
She ever tell you if someone was bothering her? I promised I wouldn't say.
Danny, you know I'm a police officer? And I'm here because we think someone's been bothering Katie.
Now, if you know who it is, you got to tell me so that I can help her.
It's okay, Danny.
Ray, the bus driver.
Your bus driver? I take the real bus.
Katie, she takes the little bus.
Van brings Katie here, to work and then home.
And what did Katie say about this bus driver? He's mean to her.
What'd he do to her? He took things from her.
What else did he do to Katie? He touched her.
Katie comes in one day, she's crying.
Says her bus driver pushed her.
I went outside and told the bastard I'd get him fired if I heard it happened again.
Anyone in the store give Katie a hard time? Last month.
I fired the frozen foods manager for calling her an imbecile.
That happen a lot? Except for the occasional ignorant customer, almost never.
I'm on the board at the day center.
I don't tolerate that kind of abuse.
What does she do around here? Stocks shelves, bags groceries, sweeps up.
Day center sends me a couple of people every year.
Must be cheap labor.
They make union wages, Detective, and learn how to live in the real world.
I get employees who don't complain, don't leave and work harder than some people who aren't disabled.
Besides the bus driver, Katie ever mention anybody outside the store that gave her trouble? No.
I figured the only reason she told me about it was because it had just happened.
She was really upset.
We can't arrest the bus driver until Katie tells us what he did.
Elliot's got the mother on the phone now to see if we can talk to Katie.
What have we got on this guy? Ray Dunstan, he's 52.
He's got no rap sheet.
But the nursing home where he worked out in Glen Cove fired him last year for allegedly stealing from the residents.
Why wasn't he arrested? Dunstan claims that the old folks gave him gifts.
He picks the ones with dementia.
Cops couldn't prove otherwise.
We're all set for tomorrow.
What did you have to promise her? A trip to the zoo.
Hi, Katie.
Hi, Olivia.
Hey, Elliot.
Hey, Katie.
Katie, this is Alex.
The three of us are gonna talk together, okay? I'll be right over there.
Okay.
Katie, we just want to ask you a few questions.
This is Katie's favorite place.
She loves the animals.
So do my twins.
How old are they? Eight.
I have a boy and a girl.
When I found out I was pregnant, I dreamed of graduation, a wedding, someone to take care of me when I got old, even grandchildren.
I'm 67.
I just can't handle taking care of two completely dependent children.
Well, the director at Katie's day center says that she has a lot of potential.
Scott Lucas thinks you can teach anybody anything.
I let Katie out in the world.
Look what happened.
So, Katie, what do you say when you don't want to do something? I say "no"' And can you say "no" to your mama? I'm not allowed.
What about to your teachers? Uh-uh.
Can you say it to your bus driver, Katie? I don't want to talk about him.
Why not? Something will happen to Mama.
I promise you nothing bad is gonna happen to Mama if you tell us what the bus driver did.
He took my necklace.
What did it look like? A heart with a picture of Mama inside.
Did you tell Mama? I told her I lost it.
How come? Ray said he'll hurt us if I tell.
Katie, has Ray hurt you? He pinches me.
Where? Here.
Here.
Here.
Mama! It's okay, Katie.
We can stop.
Mama! What happened? I don't want to talk anymore.
You promised not to upset her.
She was very helpful.
Good.
We are gonna go home now.
How'd she do? We didn't get enough to prove the bus driver raped her, but we did get plenty to get a search warrant for his apartment.
What a dump.
When I was a kid, I wanted to be a bus driver just like Ralph Kramden.
Even The Honeymooners lived better than this.
You don't live much better than this now.
Find this garbage furniture in the street? Whoa! Look what I found.
He didn't even try to hide it.
When these perps gonna get some imagination? Come on, come on, come on, come on.
Let's go.
Let's go.
I'm late for Oprah, Ray Dunstan? Yeah? Police.
Turn around.
Put your hands on the bus.
What'd I do? This is brutality! Ray, when a cop tells you to do something, you should just do it.
We're going for a little ride.
Let's go.
Bus company's gonna fire me for leaving that van on the street.
They're gonna fire you anyway for robbing their passengers.
Which one of the retards told you that? You don't want to use that word around me again, okay? Are we connecting? I didn't steal nothing from nobody.
Really? Then what was Katie Tolliver's necklace doing in your apartment? It was a gift.
Like the gifts you got from the patients at the nursing home? That's right.
Yeah.
You're just such a nice guy, everybody wants to give you gifts.
Katie says you stole it.
Hey, my word against a moron's.
It slipped out.
Hey! You can't do that.
It just slipped out.
Jury's not gonna have a whole lot of sympathy for a perv who takes advantage of mentally challenged women.
Who you calling a perv? Katie says that you touched her breast.
Maybe helping her in and out of the van, but I never went near any of them.
Well, then how'd you get her pregnant? You think rape is funny? She's got one in the oven, it sure as hell ain't mine.
We'll find out as soon as we compare your DNA to the baby's.
You don't need to.
After I knocked up my ex-wife twice, I got a vasectomy.
I'm shooting blanks.
Dunstan released his medical records.
Guy may be a dirtbag, but he's telling the truth.
Operation was two years ago.
We're booking him for petty larceny.
We'll up it to robbery three if we can prove force.
Which leaves us no closer to finding Katie's rapist.
Anything? State Office of Mental Retardation investigated Katie's day center last year.
What for? Anonymous phone complaint.
Caller said something bad was going down.
Super sleuths couldn't get anybody to talk, and it went nowhere.
The day the investigation started, an instructor named Joe Parker quit.
Coincidence? Go find out.
I left because I got a better job.
And you just happened to pick a day the State starts an investigation? I had to start here right away.
That's why you gave five minutes notice you were leaving? Look, I have nothing but great things to say about the day center.
I have to get back to my students.
Why'd you call the state, Joe? It wasn't me.
Yeah, it was.
Remember, anonymous tip? Yeah, it's the truth, Someone's abusing clients in the Manhattan Adult Day Center, Sounds like you, Joe.
I made the call, okay? That's all I'm saying.
If you're covering anything up They're the ones covering up.
I quit because of Scott Lucas.
The center director? What'd he do? He got one of the clients pregnant.
If you're innocent, why the hell didn't you tell us? I know how this looks.
Really bad.
Start talking.
It's all true, except for my involvement.
Last year, one of our 17-year-old clients turned up pregnant.
She was so scared, she blamed it on me.
Did you do it? Of course not.
One of our male clients admitted that he was the father.
I asked for a DNA study to confirm it.
The baby was his.
Nobody went to the police.
I thought we could handle it internally.
We started the dating classes so this wouldn't happen again.
Well, history has a way of repeating itself, doesn't it? It's because Katie and others like her have the minds of children, but they live in adult bodies, complete with hormones.
This could easily happen again unless Katie's mother stops sheltering her from reality.
He's not wrong about Katie's mother.
If I were in her shoes, I don't know I'd react any differently.
You'd want to find your child's rapist.
She's got to let Huang talk to Katie.
I'm gonna take another shot at her.
Absolutely not.
You said you wanted to find out who did this.
Without having to put Katie through this again.
She's too fragile.
Ms.
Tolliver, with all due respect, who are you trying to protect here? If you're saying that this is about my guilt I am not saying it's your fault that Katie was raped.
Everything bad that's happened to Katie and to me, it's my fault.
Because 22 years ago I chose to have a child with Down syndrome rather than to have an abortion, and it destroyed my marriage.
She's my whole life, and I have to protect her.
Then make sure this doesn't happen to her again.
Let us talk to her at the day center.
We'll make it so she's comfortable, she's familiar with the surroundings.
Our Assistant District Attorney will be there to talk to her, so Katie doesn't have to keep repeating herself over and over.
Please.
Katie, what do you call this? Ear.
And what do you call this? Arm.
How about this? Boob.
Very good, Katie.
You know all your body parts.
Thank you.
Now I want to talk about your friends.
Who's your best friend? Danny.
And what do you and Danny do together? Talk.
We eat lunch.
What else do you do? It's private.
Do you and Danny touch each other? Yeah.
Alex, could you stand up, please? Thanks.
Katie, could you just point to where you and Danny touch? Like this.
Anywhere else? We kiss.
Does Danny touch you in your private parts? No.
I got my baby from Danny.
How? Kissing, stupid.
Your friend doesn't know anything.
Danny's the father? Katie says he's her boyfriend.
It's possible.
But she still has no comprehension of how she got pregnant.
How could you let this happen? We both know how closely Katie is supervised.
It didn't happen here.
But they're not together anyplace else.
Aren't you going to have him arrested? Katie's uncorroborated statement isn't enough because of her disability.
And we can't do a paternity test until the baby's born.
We're terminating the pregnancy.
When? Tomorrow.
We have an appointment.
Does Katie know? I was going to tell her tonight.
Tell her? Where's her say in this decision? Her baby has a 50-50 chance of having Down syndrome.
Who's going to take care of them when I'm gone? Katie is, with all the support we can provide her.
No.
I am not having Katie going through what I have.
She can't keep this baby.
Why? Why what, sweetie? Why can't I have my baby? Katie, I can't take care of both of you.
Why can't I be a mommy? We're not gonna have this conversation now.
Here.
Here's the address.
You meet us there, and you'll get your DNA sample.
I want my baby.
Mommy, please don't take away my baby.
We'll be ready for Katie in a few minutes.
Is it gonna hurt? No, Katie, it won't hurt.
You'll be asleep, honey.
Mom says I snore.
Thank you.
Detective Benson.
This is a subpoena for the tissue sample from the products of conception.
We'll bring it to you after the procedure.
Thank you.
Hi, Scott.
What the hell are you doing here? Mr.
Lucas has obtained an injunction to stop the abortion pending the outcome of a hearing.
What kind of hearing? Guardianship of your daughter.
Katie has the right to decide whether or not to keep her baby.
She is not capable of making that decision.
If the court finds Katie competent to care for her child, her rapist's defense lawyer is going to argue that she was competent enough to consent to sex.
She doesn't even know where that baby came from.
It doesn't matter.
Once she's found competent, all the defense is going to focus on is that she never said "no"' So the case is lost before we've collared the rapist? If it's a rape.
Are we sure it's not the boyfriend? Munch and Fin talked to him, but no matter what he says, we can't check the story without DNA.
How many weeks is Katie into her pregnancy? Ten.
Too early for amniocentesis.
But not for a CVS test.
In English, please.
Chorionic villus sampling.
We take some tissue from the placenta lining to get the baby's DNA.
We did one for another case about a year ago.
How are we gonna get Katie's mother to go for it? Tell her she can find out whether her grandchild has Down syndrome.
You wanna ask Rebecca, or should I? Whoever she's less pissed at.
What's wrong? Your captain said that you were on the way over.
Is Katie okay? She's supposed to be at school, and she never got there.
Where's Danny? Day center said he's a no-show.
Called in sick this morning.
How much we know about him? He shares an independent living apartment in the East Village.
Parents live up in Riverdale.
Olivia's on the phone with them right now.
What did we get from Katie's mother? Anger, blame, but nothing that's gonna help us.
You know, Danny's been on his own for a while.
He may be thinking for the both of them.
If Danny thinks he's the baby's father, makes sense they'd run to prevent an abortion.
Even if he's not the father, makes sense he'd help her.
Two innocents alone in the big city.
They're gonna need shelter, money for food.
Danny's parents haven't heard from him.
But they had an apartment at 73rd and Amsterdam, where Danny grew up.
They're on the run, first place they're gonna go is somewhere familiar.
Well, the parents said that Danny lives with a roommate named Andy McCollum.
We'll just pay Andy a visit.
Danny didn't tell me where he went.
We don't answer to each other.
Did he stay here last night? Yeah.
When's the last time you saw him? Earlier.
Help us out here.
We think he ran away with a girl.
It's a free country.
She's got Down syndrome.
We need to know where she is.
So her mother can abort her baby? Danny told me all about it.
Come on, Andy with the attitude.
We're just trying to make sure both of them are safe.
They were here this morning.
Danny took some clothes and they left.
He say where they were going? No, just asked to borrow some money.
Did you give him any? I didn't have any cash, so I gave him my ATM card.
You make that a habit? He could clean you out.
He won't.
If you can't trust Danny, you can't trust anyone.
So Danny came back to the old neighborhood.
Home is where the heart is.
He used his roommate's ATM card right here this morning, took out 200 bucks.
You can barely eat dinner around here for $200.
Well, a couple like that's got to stand out.
If they spent the money around here, somebody's gonna remember them.
Where do we start? Danny lived two blocks from here.
You guys take Broadway.
We'll take Amsterdam.
All right.
Yeah.
They were here.
Sweet.
Came up to the counter holding hands.
When? This morning.
What'd they want? The girl said she'd been throwing up.
You give her anything? Nothing over the counter because she said she's pregnant.
I told them to hit a grocery store.
Ginger ale's as good as anything.
Yeah.
Yeah, they came in just before the lunch rush.
They must have a newborn.
What makes you say that? They just about cleaned me out of disposable diapers, infant size.
Also, they bought some ginger ale.
Her husband said she was puking.
When they left, did you happen to notice which direction they headed? I can do better than that.
Girl said she needed a job, said she had experience working in a supermarket.
I could tell she was slow, but stocking shelves ain't rocket science.
Yeah.
The husband filled out the application.
Smells awful good in here, Katie.
What are you cooking? Soup.
Soup.
Your mom teach you how to cook? Mom says I can't, but Danny taught me.
You want some chocolate milk? Yeah.
Sure.
Thanks.
Danny's home.
What do you want? We need to talk to you and Katie.
You can't take our baby.
That's not why we're here.
Katie, your mom wants you to come home.
This is our new home.
This is my bed.
And this is Danny's.
We're getting married.
First, we're all gonna go for a ride down to our office.
Okay.
Oh, I was so worried about you.
I'm okay, Mama.
She's okay.
What did you do to her? I didn't hurt Katie.
I love her and she loves me.
He kidnapped and raped her.
Katie went willingly.
I didn't have sex with Katie.
Today, I told Katie what the teacher said about sex, and she didn't believe me.
What did Katie say when you told her what sex was? She said, "That's not sex.
That's exercise"' So, Katie, tell me how you exercise.
You pull your pants down, and you sit on someone's lap.
And who taught you that? It's a secret.
It's all right, honey.
You can tell me and Olivia.
Then he won't give me anymore ice cream or candy.
Who won't? Sweetheart, this is really important.
Please tell Mama.
Mr.
Cheney.
Your boss at the grocery store? And do you exercise with Mr.
Cheney? Every day at work.
And does Mr.
Cheney pull his pants down, too? It hurt.
Mr.
Cheney said it would stop hurting when I could do it better.
I try to help Katie, and this is the thanks I get? Yeah, she told us all about your exercise classes, doing push-ups on your lap.
The only exercise Katie and I ever did was task repetition.
That's how you train disabled people to function in a work environment.
Dropping your pants is part of the curriculum? People like Katie can't distinguish reality from fantasy.
I don't' know where she's getting this from.
She got it from you, Abe.
Same place she got her baby.
What? Yeah.
She's carrying your love child.
That's ridiculous.
Good, then we can clear this right up.
Just tell me how.
You supply us with a DNA sample, we compare it to the baby's, and this is all over with our sincerest apology.
Apologize to my attorney.
Cheney cave? The second we said the word "pregnancy" he lawyered up.
Katie's mother is taking her for the chorionic villus test.
When you get the tissue sample, call me.
I'll get a warrant for Cheney's DNA.
Alexandra Cabot? Yes.
For you.
I'm being served.
For what? I just deliver them.
Alex, Huang just called.
He got served with a subpoena and wanted to warn you.
You're about 10 seconds too late.
What's it say? Scott Lucas's attorney is calling on Huang and I to testify that Katie is competent to keep her baby.
Why you and not us? Lucas knows I was in the room with Huang when he evaluated Katie.
He wants the judge to hear from an attorney and a shrink that Katie is competent.
It's no problem.
This clearly compromises the integrity of an ongoing criminal investigation.
I'll make the subpoena go away.
I'm not sure that's a good idea.
It is if you want to take Katie Tolliver's rapist to trial.
Katie's mother wants her to abort the baby.
Maybe that is something Katie should decide for herself.
You want to be a crusader for victims' rights, go work for Social Services.
Your job is to prosecute crime.
Katie has already been victimized once.
My testimony can prevent her from being victimized a second time.
You represent the People of the State of New York, not Katie Tolliver.
Whether Katie gets to keep her baby is between her and her mother.
I do have a duty to the victim.
To convict her rapist.
She's found competent, you're going to lose.
Cheney's lawyer will get her to say she knew what she was doing, that she liked it.
He'll destroy her on the stand.
Don't let this happen.
You're jeopardizing the rape case.
Oh, no, you are.
You and Scott Lucas.
You should be talking to him.
Lucas will drop his challenge to your guardianship if you agree not to terminate Katie's pregnancy.
I can't do that.
Katie needs this abortion and to have her tubes tied so that this doesn't happen again.
What about what Katie wants? I know that you think I'm cruel, Miss Cabot, but I love my daughter.
Maybe I should have let Katie take sex education, but I knew she couldn't understand.
Why do you need Katie to be so dependent? I have sacrificed everything to be a good mother.
Including Katie's right to lead her own life.
Our detectives found Katie Tolliver and her boyfriend Danny Jordan in a hotel.
They were preparing for Katie's baby.
Do you know how they were handling it? From the detectives' report, it appears the room was immaculate.
Katie had purchased diapers.
She was cooking dinner.
They offered the detectives chocolate milk.
And Katie had also applied for a job.
Is that correct? Yes.
At a nearby delicatessen.
She and Danny filled out the application together.
Now, Miss Cabot, you could have declined to testify because of your open rape case.
Why didn't you? Our evidence indicates that Katie has the coping skills not only to live on her own and to care for a child, but to make the decision whether or not to have that child.
Thank you, Counselor.
Respondent's exhibit four, Counselor.
Recognize it? It's a DD5 written by Detective Benson.
Yes, about Katie's interview at Central Park Zoo at which you were present.
Please read the highlighted passage.
"The victim could not articulate what happened to her "and expressed unconditional compliance to authority figures"' Now, Miss Cabot, do you truly believe that someone who cannot accurately describe being attacked can take care of a child? Objection.
Overruled.
Many high-functioning women cannot describe the details of a rape.
You're taking it completely out of context.
How many children do you have, Miss Cabot? None.
And have you ever taken care of a child with special needs like Katie? No, I haven't.
Do you think buying diapers six months before the birth demonstrates good judgment? Objection.
Withdrawn.
Did you know that Katie once set fire to her mother's apartment by trying to use the stove? I set fire to my own stove last year, Counselor.
But, no, I didn't know that.
And yet you sit here today saying you know more about what Katie's capable of than her own mother.
Your Honor Withdrawn.
No further questions.
Despite her IQ, Katie's what we call high-functioning.
She has the ability to process new information and to integrate it into her daily life.
In your expert opinion, Doctor, would Katie have been as vulnerable if her mother had taught her about sex? Any woman can be sexually assaulted, but, yes, Katie was more vulnerable to rape because she didn't know what was happening to her.
Is sex education offered at Katie's day program? Yes, it is, but she never took it.
Tell us why, if you know.
It's my understanding that her mother refused to give consent.
Doctor, could Katie care for a child? With the proper education, social service support and case management, yes.
Thank you.
Doctor, what is your overall conclusion regarding Katie's competence to consent to sex? Katie didn't know what sex was and therefore was incapable of consenting.
So she is not capable of making decisions that affect her life.
That's not what I said.
She is capable of making decisions and choices based on the proper information.
How much time did you spend with Katie? About two-and-a-half hours.
Did you observe her at her home? No, at her day center.
So, Doctor Huang, your in-depth assessment is based solely on having talked to her in a vacuum.
Objection.
Withdrawn.
No further questions.
Katie, do you love your mama? Yes, she's gonna be the grandma.
Does she let you do the laundry? No, she says I mess up the clothes.
She doesn't let you use the stove, either, does she? There was a fire.
Mama says it's dangerous.
But Danny taught me.
I made soup.
Danny wants you to have the baby, too, doesn't he? We got diapers and bottles.
He's gonna show me how to give baby the bath.
I can do this, Mama.
I can do lots of things.
Katie, how do you change a baby's diaper? I didn't learn that yet.
Do you know how to feed a baby? No, but I can.
What do you do when a baby has a fever? I don't know.
You don't really know how to be a mommy, do you? I can learn.
Danny will help me.
But you can't do it by yourself, can you? Stop! Stop this.
Katie's mother is giving up her guardianship.
Now that Katie is competent, our rape case against Abe Cheney is out the window.
My boss is gonna have my ass.
Your boss is wrong.
DNA is back.
Cheney's the father.
Convicting him of rape is another story.
Cheney's attorney is going to use my testimony to argue that Katie not only understood what sex was but consented.
Katie was in his office three days a week for their personal training sessions.
Somebody must have seen her go in there.
Or maybe she told someone about it at work.
We just need to talk to Katie.
Do you really think her mother is gonna let you anywhere near her? Well, maybe if we tell her we've got good news for a change.
Your grandchild does not have Down syndrome.
Oh, thank God.
But you didn't need to meet us here just to tell us that.
We might lose the rape case against Cheney unless we can talk to Katie.
Katie, Elliot and Olivia want to ask you some questions.
Hi! Is that all right? Sure.
Hey, Katie! Hey, Olivia! How you doing? Okay.
Good.
Katie, I know that it was a secret, but did you tell anybody about exercising with Mr.
Cheney? No, he'd get mad at me.
Did he ever get mad at you before? Once.
Once.
While you were exercising? No, when I saw Mr.
Cheney exercising with Maryanne.
He yelled at me.
Exercising with Maryanne? Does she work at the store, too? Yes.
She lets me play with Julie.
Who's Julie? Her baby girl.
What's she doing here? You do have a right to confront your accuser.
Katie, I am Not a word, Abe.
The DNA results came back.
Congratulations, Mr.
Cheney.
You're having a boy.
We'll take sexual misconduct.
No way your client walks on a misdemeanor.
Come on, Counselor, you don't want to embarrass Katie in court a second time, do you? She never said "no," she enjoyed it, she kept coming back for more.
Here's what I'm offering.
One count of rape two for Katie.
He does 10 years.
We'll take our chances in court.
I thought you might say that.
Now what are you up to? Recognize any of these? These are children you fathered with women who worked in your markets, three of whom were underage at the time.
We went through your financials, Mr.
Cheney.
You've been paying off the mothers for their silence.
And now you're gonna pay a lot more.
Petition for child support? Five more on the way from the other mothers.
That's six kids.
Each receives 17% of your chain of grocery stores, your personal fortune, everything you own.
Your money is going to take care of Katie and her child for the rest of their lives.
Who's catching? Yo.
That'd be me.
I'll call you back.
Hi.
I'm Detective Stabler.
Rebecca Tolliver.
Is there someplace where we can speak privately? Of course.
How can I help you today? I need to report a rape.
Right through here.
I didn't know how to handle this.
You did the right thing coming here.
Have you been to see a doctor yet? I wasn't attacked.
It's my daughter, Katie.
What happened to Katie? I'm not exactly sure.
How do you know she was raped? She started throwing up.
I took her to the doctor.
She's pregnant.
Does Katie have a boyfriend? No, never.
No.
How old is she? Twenty-two.
Ms.
Tolliver, your daughter is an adult.
If she were raped, she needs to report it.
Talk to her.
She's waiting in the hallway.
Hi, Katie.
I'm Detective Stabler.
How do you introduce yourself? I'm Katie.
It's nice to meet you, Katie.
So, Katie, your mom says that she took you to the doctor.
I don't feel good.
What happens when you don't feel good? I throw up.
How come you're throwing up? 'Cause the doctor says I got a baby in me.
But there's no daddy.
Babies need a mommy and a daddy.
Could I have a glass of water? Sure.
Is Katie's father still in the picture? He left us after Katie was born.
Can you think of anyone who's shown any undue interest in Katie recently? No, but she's away from me all day long.
I have to work, so Katie goes to a day program, and she has a part-time job three afternoons a week.
It would be easy for someone to take advantage of her.
Ms.
Tolliver, have you discussed sex with Katie? She has the mind of a child.
She'd never understand.
Could I hear what they're saying? Of course.
Katie, do you know where babies come from? It's It's private.
It's okay.
You can tell me.
We're both girls.
My mom will be mad.
No, she won't.
I talked to her.
She said that it was okay.
Babies come from sex.
Mmm-hmm.
Do you know what sex is, Katie? A mommy and daddy kiss and hold hands.
Mmm-hmm.
Do you kiss and hold hands with anybody? It's okay.
You can tell me.
It'll be our secret.
I'm gonna throw up.
Okay.
Come on.
Come on, sweetie.
Let's go.
I have to help her.
Ms.
Tolliver, Detective Stabler's gonna need whatever information you can give him for his report.
After I check on Katie.
I want you to find the son of a bitch that did this to us! Did this to us? Woman spent her life taking care of a special needs child who's now an adult.
Her nest will never be empty.
Look, I'm very sympathetic, but we might have more to work with had she taught Katie about the facts of life.
And until Katie knows them, she's not gonna be able to tell us who raped her.
We educate her, she testifies, jury thinks we coached her.
Maybe we should call the shrink to evaluate her.
I'll call Huang.
In the meantime, let's check with Katie's doctor.
See if he gave her a pelvic exam.
Then I wanna nail down her daily routine.
Ms.
Tolliver, this is our department psychiatrist, Dr.
George Huang.
How many people do we have to talk to? Ma'am, I'd just like a few minutes with your daughter to explore her comprehension of what happened to her.
Can't this wait till tomorrow? Ma'am, the more the time passes, the less chance we have of catching I just can't put her through any more now, Detective.
Come on, Katie, we're going home.
She thinks you just file a complaint, we do the rest.
Just means we got to find another way in.
What do we got so far? Well, Katie's doctor confirms the pregnancy.
Said she had sex repeatedly, but there's no way to tell whether it was forcible.
She goes to a day center in Murray Hill five days a week, and she works at a nearby grocery Tuesdays, Thursdays and Fridays.
Fin and Munch will check out the grocery store.
You two hit the day center.
Okay.
Katie would have been tested for placement in the appropriate classes.
If you can get the results, I'll have a better idea of her abilities.
Katie's IQ is around 55.
It's borderline between mild and moderate mental retardation.
Her mother kept her home today.
How's she doing? She's confused.
She doesn't understand what's happening to her.
Yeah, she'd understand more if her mother let her out of the cocoon.
Parent's first instinct is to protect their children.
Rebecca Tolliver is overprotective.
Doesn't think Katie can function in the world without her.
And you disagree.
Yes, I do.
And what does Katie do when she's here? Art and music therapy, life skills training.
We also teach independent living, dating and sex education, but Katie's mother won't let her take any of those.
How carefully do you screen your employees? Background checks, references.
We've never had a problem.
Katie have any friends we can talk to? Her best friend is Danny Jordan.
He's one of our success stories.
Any chance they're more than friends? We supervise our clients very closely.
Nobody here has ever reported Danny touching Katie.
And he's taken our dating class and sex ed.
I know what sex is.
Did you ever tell Katie? No.
How come? She has to learn about it in school first.
That's That's what our teacher said.
You and Katie ever have sex? No.
She ever tell you if someone was bothering her? I promised I wouldn't say.
Danny, you know I'm a police officer? And I'm here because we think someone's been bothering Katie.
Now, if you know who it is, you got to tell me so that I can help her.
It's okay, Danny.
Ray, the bus driver.
Your bus driver? I take the real bus.
Katie, she takes the little bus.
Van brings Katie here, to work and then home.
And what did Katie say about this bus driver? He's mean to her.
What'd he do to her? He took things from her.
What else did he do to Katie? He touched her.
Katie comes in one day, she's crying.
Says her bus driver pushed her.
I went outside and told the bastard I'd get him fired if I heard it happened again.
Anyone in the store give Katie a hard time? Last month.
I fired the frozen foods manager for calling her an imbecile.
That happen a lot? Except for the occasional ignorant customer, almost never.
I'm on the board at the day center.
I don't tolerate that kind of abuse.
What does she do around here? Stocks shelves, bags groceries, sweeps up.
Day center sends me a couple of people every year.
Must be cheap labor.
They make union wages, Detective, and learn how to live in the real world.
I get employees who don't complain, don't leave and work harder than some people who aren't disabled.
Besides the bus driver, Katie ever mention anybody outside the store that gave her trouble? No.
I figured the only reason she told me about it was because it had just happened.
She was really upset.
We can't arrest the bus driver until Katie tells us what he did.
Elliot's got the mother on the phone now to see if we can talk to Katie.
What have we got on this guy? Ray Dunstan, he's 52.
He's got no rap sheet.
But the nursing home where he worked out in Glen Cove fired him last year for allegedly stealing from the residents.
Why wasn't he arrested? Dunstan claims that the old folks gave him gifts.
He picks the ones with dementia.
Cops couldn't prove otherwise.
We're all set for tomorrow.
What did you have to promise her? A trip to the zoo.
Hi, Katie.
Hi, Olivia.
Hey, Elliot.
Hey, Katie.
Katie, this is Alex.
The three of us are gonna talk together, okay? I'll be right over there.
Okay.
Katie, we just want to ask you a few questions.
This is Katie's favorite place.
She loves the animals.
So do my twins.
How old are they? Eight.
I have a boy and a girl.
When I found out I was pregnant, I dreamed of graduation, a wedding, someone to take care of me when I got old, even grandchildren.
I'm 67.
I just can't handle taking care of two completely dependent children.
Well, the director at Katie's day center says that she has a lot of potential.
Scott Lucas thinks you can teach anybody anything.
I let Katie out in the world.
Look what happened.
So, Katie, what do you say when you don't want to do something? I say "no"' And can you say "no" to your mama? I'm not allowed.
What about to your teachers? Uh-uh.
Can you say it to your bus driver, Katie? I don't want to talk about him.
Why not? Something will happen to Mama.
I promise you nothing bad is gonna happen to Mama if you tell us what the bus driver did.
He took my necklace.
What did it look like? A heart with a picture of Mama inside.
Did you tell Mama? I told her I lost it.
How come? Ray said he'll hurt us if I tell.
Katie, has Ray hurt you? He pinches me.
Where? Here.
Here.
Here.
Mama! It's okay, Katie.
We can stop.
Mama! What happened? I don't want to talk anymore.
You promised not to upset her.
She was very helpful.
Good.
We are gonna go home now.
How'd she do? We didn't get enough to prove the bus driver raped her, but we did get plenty to get a search warrant for his apartment.
What a dump.
When I was a kid, I wanted to be a bus driver just like Ralph Kramden.
Even The Honeymooners lived better than this.
You don't live much better than this now.
Find this garbage furniture in the street? Whoa! Look what I found.
He didn't even try to hide it.
When these perps gonna get some imagination? Come on, come on, come on, come on.
Let's go.
Let's go.
I'm late for Oprah, Ray Dunstan? Yeah? Police.
Turn around.
Put your hands on the bus.
What'd I do? This is brutality! Ray, when a cop tells you to do something, you should just do it.
We're going for a little ride.
Let's go.
Bus company's gonna fire me for leaving that van on the street.
They're gonna fire you anyway for robbing their passengers.
Which one of the retards told you that? You don't want to use that word around me again, okay? Are we connecting? I didn't steal nothing from nobody.
Really? Then what was Katie Tolliver's necklace doing in your apartment? It was a gift.
Like the gifts you got from the patients at the nursing home? That's right.
Yeah.
You're just such a nice guy, everybody wants to give you gifts.
Katie says you stole it.
Hey, my word against a moron's.
It slipped out.
Hey! You can't do that.
It just slipped out.
Jury's not gonna have a whole lot of sympathy for a perv who takes advantage of mentally challenged women.
Who you calling a perv? Katie says that you touched her breast.
Maybe helping her in and out of the van, but I never went near any of them.
Well, then how'd you get her pregnant? You think rape is funny? She's got one in the oven, it sure as hell ain't mine.
We'll find out as soon as we compare your DNA to the baby's.
You don't need to.
After I knocked up my ex-wife twice, I got a vasectomy.
I'm shooting blanks.
Dunstan released his medical records.
Guy may be a dirtbag, but he's telling the truth.
Operation was two years ago.
We're booking him for petty larceny.
We'll up it to robbery three if we can prove force.
Which leaves us no closer to finding Katie's rapist.
Anything? State Office of Mental Retardation investigated Katie's day center last year.
What for? Anonymous phone complaint.
Caller said something bad was going down.
Super sleuths couldn't get anybody to talk, and it went nowhere.
The day the investigation started, an instructor named Joe Parker quit.
Coincidence? Go find out.
I left because I got a better job.
And you just happened to pick a day the State starts an investigation? I had to start here right away.
That's why you gave five minutes notice you were leaving? Look, I have nothing but great things to say about the day center.
I have to get back to my students.
Why'd you call the state, Joe? It wasn't me.
Yeah, it was.
Remember, anonymous tip? Yeah, it's the truth, Someone's abusing clients in the Manhattan Adult Day Center, Sounds like you, Joe.
I made the call, okay? That's all I'm saying.
If you're covering anything up They're the ones covering up.
I quit because of Scott Lucas.
The center director? What'd he do? He got one of the clients pregnant.
If you're innocent, why the hell didn't you tell us? I know how this looks.
Really bad.
Start talking.
It's all true, except for my involvement.
Last year, one of our 17-year-old clients turned up pregnant.
She was so scared, she blamed it on me.
Did you do it? Of course not.
One of our male clients admitted that he was the father.
I asked for a DNA study to confirm it.
The baby was his.
Nobody went to the police.
I thought we could handle it internally.
We started the dating classes so this wouldn't happen again.
Well, history has a way of repeating itself, doesn't it? It's because Katie and others like her have the minds of children, but they live in adult bodies, complete with hormones.
This could easily happen again unless Katie's mother stops sheltering her from reality.
He's not wrong about Katie's mother.
If I were in her shoes, I don't know I'd react any differently.
You'd want to find your child's rapist.
She's got to let Huang talk to Katie.
I'm gonna take another shot at her.
Absolutely not.
You said you wanted to find out who did this.
Without having to put Katie through this again.
She's too fragile.
Ms.
Tolliver, with all due respect, who are you trying to protect here? If you're saying that this is about my guilt I am not saying it's your fault that Katie was raped.
Everything bad that's happened to Katie and to me, it's my fault.
Because 22 years ago I chose to have a child with Down syndrome rather than to have an abortion, and it destroyed my marriage.
She's my whole life, and I have to protect her.
Then make sure this doesn't happen to her again.
Let us talk to her at the day center.
We'll make it so she's comfortable, she's familiar with the surroundings.
Our Assistant District Attorney will be there to talk to her, so Katie doesn't have to keep repeating herself over and over.
Please.
Katie, what do you call this? Ear.
And what do you call this? Arm.
How about this? Boob.
Very good, Katie.
You know all your body parts.
Thank you.
Now I want to talk about your friends.
Who's your best friend? Danny.
And what do you and Danny do together? Talk.
We eat lunch.
What else do you do? It's private.
Do you and Danny touch each other? Yeah.
Alex, could you stand up, please? Thanks.
Katie, could you just point to where you and Danny touch? Like this.
Anywhere else? We kiss.
Does Danny touch you in your private parts? No.
I got my baby from Danny.
How? Kissing, stupid.
Your friend doesn't know anything.
Danny's the father? Katie says he's her boyfriend.
It's possible.
But she still has no comprehension of how she got pregnant.
How could you let this happen? We both know how closely Katie is supervised.
It didn't happen here.
But they're not together anyplace else.
Aren't you going to have him arrested? Katie's uncorroborated statement isn't enough because of her disability.
And we can't do a paternity test until the baby's born.
We're terminating the pregnancy.
When? Tomorrow.
We have an appointment.
Does Katie know? I was going to tell her tonight.
Tell her? Where's her say in this decision? Her baby has a 50-50 chance of having Down syndrome.
Who's going to take care of them when I'm gone? Katie is, with all the support we can provide her.
No.
I am not having Katie going through what I have.
She can't keep this baby.
Why? Why what, sweetie? Why can't I have my baby? Katie, I can't take care of both of you.
Why can't I be a mommy? We're not gonna have this conversation now.
Here.
Here's the address.
You meet us there, and you'll get your DNA sample.
I want my baby.
Mommy, please don't take away my baby.
We'll be ready for Katie in a few minutes.
Is it gonna hurt? No, Katie, it won't hurt.
You'll be asleep, honey.
Mom says I snore.
Thank you.
Detective Benson.
This is a subpoena for the tissue sample from the products of conception.
We'll bring it to you after the procedure.
Thank you.
Hi, Scott.
What the hell are you doing here? Mr.
Lucas has obtained an injunction to stop the abortion pending the outcome of a hearing.
What kind of hearing? Guardianship of your daughter.
Katie has the right to decide whether or not to keep her baby.
She is not capable of making that decision.
If the court finds Katie competent to care for her child, her rapist's defense lawyer is going to argue that she was competent enough to consent to sex.
She doesn't even know where that baby came from.
It doesn't matter.
Once she's found competent, all the defense is going to focus on is that she never said "no"' So the case is lost before we've collared the rapist? If it's a rape.
Are we sure it's not the boyfriend? Munch and Fin talked to him, but no matter what he says, we can't check the story without DNA.
How many weeks is Katie into her pregnancy? Ten.
Too early for amniocentesis.
But not for a CVS test.
In English, please.
Chorionic villus sampling.
We take some tissue from the placenta lining to get the baby's DNA.
We did one for another case about a year ago.
How are we gonna get Katie's mother to go for it? Tell her she can find out whether her grandchild has Down syndrome.
You wanna ask Rebecca, or should I? Whoever she's less pissed at.
What's wrong? Your captain said that you were on the way over.
Is Katie okay? She's supposed to be at school, and she never got there.
Where's Danny? Day center said he's a no-show.
Called in sick this morning.
How much we know about him? He shares an independent living apartment in the East Village.
Parents live up in Riverdale.
Olivia's on the phone with them right now.
What did we get from Katie's mother? Anger, blame, but nothing that's gonna help us.
You know, Danny's been on his own for a while.
He may be thinking for the both of them.
If Danny thinks he's the baby's father, makes sense they'd run to prevent an abortion.
Even if he's not the father, makes sense he'd help her.
Two innocents alone in the big city.
They're gonna need shelter, money for food.
Danny's parents haven't heard from him.
But they had an apartment at 73rd and Amsterdam, where Danny grew up.
They're on the run, first place they're gonna go is somewhere familiar.
Well, the parents said that Danny lives with a roommate named Andy McCollum.
We'll just pay Andy a visit.
Danny didn't tell me where he went.
We don't answer to each other.
Did he stay here last night? Yeah.
When's the last time you saw him? Earlier.
Help us out here.
We think he ran away with a girl.
It's a free country.
She's got Down syndrome.
We need to know where she is.
So her mother can abort her baby? Danny told me all about it.
Come on, Andy with the attitude.
We're just trying to make sure both of them are safe.
They were here this morning.
Danny took some clothes and they left.
He say where they were going? No, just asked to borrow some money.
Did you give him any? I didn't have any cash, so I gave him my ATM card.
You make that a habit? He could clean you out.
He won't.
If you can't trust Danny, you can't trust anyone.
So Danny came back to the old neighborhood.
Home is where the heart is.
He used his roommate's ATM card right here this morning, took out 200 bucks.
You can barely eat dinner around here for $200.
Well, a couple like that's got to stand out.
If they spent the money around here, somebody's gonna remember them.
Where do we start? Danny lived two blocks from here.
You guys take Broadway.
We'll take Amsterdam.
All right.
Yeah.
They were here.
Sweet.
Came up to the counter holding hands.
When? This morning.
What'd they want? The girl said she'd been throwing up.
You give her anything? Nothing over the counter because she said she's pregnant.
I told them to hit a grocery store.
Ginger ale's as good as anything.
Yeah.
Yeah, they came in just before the lunch rush.
They must have a newborn.
What makes you say that? They just about cleaned me out of disposable diapers, infant size.
Also, they bought some ginger ale.
Her husband said she was puking.
When they left, did you happen to notice which direction they headed? I can do better than that.
Girl said she needed a job, said she had experience working in a supermarket.
I could tell she was slow, but stocking shelves ain't rocket science.
Yeah.
The husband filled out the application.
Smells awful good in here, Katie.
What are you cooking? Soup.
Soup.
Your mom teach you how to cook? Mom says I can't, but Danny taught me.
You want some chocolate milk? Yeah.
Sure.
Thanks.
Danny's home.
What do you want? We need to talk to you and Katie.
You can't take our baby.
That's not why we're here.
Katie, your mom wants you to come home.
This is our new home.
This is my bed.
And this is Danny's.
We're getting married.
First, we're all gonna go for a ride down to our office.
Okay.
Oh, I was so worried about you.
I'm okay, Mama.
She's okay.
What did you do to her? I didn't hurt Katie.
I love her and she loves me.
He kidnapped and raped her.
Katie went willingly.
I didn't have sex with Katie.
Today, I told Katie what the teacher said about sex, and she didn't believe me.
What did Katie say when you told her what sex was? She said, "That's not sex.
That's exercise"' So, Katie, tell me how you exercise.
You pull your pants down, and you sit on someone's lap.
And who taught you that? It's a secret.
It's all right, honey.
You can tell me and Olivia.
Then he won't give me anymore ice cream or candy.
Who won't? Sweetheart, this is really important.
Please tell Mama.
Mr.
Cheney.
Your boss at the grocery store? And do you exercise with Mr.
Cheney? Every day at work.
And does Mr.
Cheney pull his pants down, too? It hurt.
Mr.
Cheney said it would stop hurting when I could do it better.
I try to help Katie, and this is the thanks I get? Yeah, she told us all about your exercise classes, doing push-ups on your lap.
The only exercise Katie and I ever did was task repetition.
That's how you train disabled people to function in a work environment.
Dropping your pants is part of the curriculum? People like Katie can't distinguish reality from fantasy.
I don't' know where she's getting this from.
She got it from you, Abe.
Same place she got her baby.
What? Yeah.
She's carrying your love child.
That's ridiculous.
Good, then we can clear this right up.
Just tell me how.
You supply us with a DNA sample, we compare it to the baby's, and this is all over with our sincerest apology.
Apologize to my attorney.
Cheney cave? The second we said the word "pregnancy" he lawyered up.
Katie's mother is taking her for the chorionic villus test.
When you get the tissue sample, call me.
I'll get a warrant for Cheney's DNA.
Alexandra Cabot? Yes.
For you.
I'm being served.
For what? I just deliver them.
Alex, Huang just called.
He got served with a subpoena and wanted to warn you.
You're about 10 seconds too late.
What's it say? Scott Lucas's attorney is calling on Huang and I to testify that Katie is competent to keep her baby.
Why you and not us? Lucas knows I was in the room with Huang when he evaluated Katie.
He wants the judge to hear from an attorney and a shrink that Katie is competent.
It's no problem.
This clearly compromises the integrity of an ongoing criminal investigation.
I'll make the subpoena go away.
I'm not sure that's a good idea.
It is if you want to take Katie Tolliver's rapist to trial.
Katie's mother wants her to abort the baby.
Maybe that is something Katie should decide for herself.
You want to be a crusader for victims' rights, go work for Social Services.
Your job is to prosecute crime.
Katie has already been victimized once.
My testimony can prevent her from being victimized a second time.
You represent the People of the State of New York, not Katie Tolliver.
Whether Katie gets to keep her baby is between her and her mother.
I do have a duty to the victim.
To convict her rapist.
She's found competent, you're going to lose.
Cheney's lawyer will get her to say she knew what she was doing, that she liked it.
He'll destroy her on the stand.
Don't let this happen.
You're jeopardizing the rape case.
Oh, no, you are.
You and Scott Lucas.
You should be talking to him.
Lucas will drop his challenge to your guardianship if you agree not to terminate Katie's pregnancy.
I can't do that.
Katie needs this abortion and to have her tubes tied so that this doesn't happen again.
What about what Katie wants? I know that you think I'm cruel, Miss Cabot, but I love my daughter.
Maybe I should have let Katie take sex education, but I knew she couldn't understand.
Why do you need Katie to be so dependent? I have sacrificed everything to be a good mother.
Including Katie's right to lead her own life.
Our detectives found Katie Tolliver and her boyfriend Danny Jordan in a hotel.
They were preparing for Katie's baby.
Do you know how they were handling it? From the detectives' report, it appears the room was immaculate.
Katie had purchased diapers.
She was cooking dinner.
They offered the detectives chocolate milk.
And Katie had also applied for a job.
Is that correct? Yes.
At a nearby delicatessen.
She and Danny filled out the application together.
Now, Miss Cabot, you could have declined to testify because of your open rape case.
Why didn't you? Our evidence indicates that Katie has the coping skills not only to live on her own and to care for a child, but to make the decision whether or not to have that child.
Thank you, Counselor.
Respondent's exhibit four, Counselor.
Recognize it? It's a DD5 written by Detective Benson.
Yes, about Katie's interview at Central Park Zoo at which you were present.
Please read the highlighted passage.
"The victim could not articulate what happened to her "and expressed unconditional compliance to authority figures"' Now, Miss Cabot, do you truly believe that someone who cannot accurately describe being attacked can take care of a child? Objection.
Overruled.
Many high-functioning women cannot describe the details of a rape.
You're taking it completely out of context.
How many children do you have, Miss Cabot? None.
And have you ever taken care of a child with special needs like Katie? No, I haven't.
Do you think buying diapers six months before the birth demonstrates good judgment? Objection.
Withdrawn.
Did you know that Katie once set fire to her mother's apartment by trying to use the stove? I set fire to my own stove last year, Counselor.
But, no, I didn't know that.
And yet you sit here today saying you know more about what Katie's capable of than her own mother.
Your Honor Withdrawn.
No further questions.
Despite her IQ, Katie's what we call high-functioning.
She has the ability to process new information and to integrate it into her daily life.
In your expert opinion, Doctor, would Katie have been as vulnerable if her mother had taught her about sex? Any woman can be sexually assaulted, but, yes, Katie was more vulnerable to rape because she didn't know what was happening to her.
Is sex education offered at Katie's day program? Yes, it is, but she never took it.
Tell us why, if you know.
It's my understanding that her mother refused to give consent.
Doctor, could Katie care for a child? With the proper education, social service support and case management, yes.
Thank you.
Doctor, what is your overall conclusion regarding Katie's competence to consent to sex? Katie didn't know what sex was and therefore was incapable of consenting.
So she is not capable of making decisions that affect her life.
That's not what I said.
She is capable of making decisions and choices based on the proper information.
How much time did you spend with Katie? About two-and-a-half hours.
Did you observe her at her home? No, at her day center.
So, Doctor Huang, your in-depth assessment is based solely on having talked to her in a vacuum.
Objection.
Withdrawn.
No further questions.
Katie, do you love your mama? Yes, she's gonna be the grandma.
Does she let you do the laundry? No, she says I mess up the clothes.
She doesn't let you use the stove, either, does she? There was a fire.
Mama says it's dangerous.
But Danny taught me.
I made soup.
Danny wants you to have the baby, too, doesn't he? We got diapers and bottles.
He's gonna show me how to give baby the bath.
I can do this, Mama.
I can do lots of things.
Katie, how do you change a baby's diaper? I didn't learn that yet.
Do you know how to feed a baby? No, but I can.
What do you do when a baby has a fever? I don't know.
You don't really know how to be a mommy, do you? I can learn.
Danny will help me.
But you can't do it by yourself, can you? Stop! Stop this.
Katie's mother is giving up her guardianship.
Now that Katie is competent, our rape case against Abe Cheney is out the window.
My boss is gonna have my ass.
Your boss is wrong.
DNA is back.
Cheney's the father.
Convicting him of rape is another story.
Cheney's attorney is going to use my testimony to argue that Katie not only understood what sex was but consented.
Katie was in his office three days a week for their personal training sessions.
Somebody must have seen her go in there.
Or maybe she told someone about it at work.
We just need to talk to Katie.
Do you really think her mother is gonna let you anywhere near her? Well, maybe if we tell her we've got good news for a change.
Your grandchild does not have Down syndrome.
Oh, thank God.
But you didn't need to meet us here just to tell us that.
We might lose the rape case against Cheney unless we can talk to Katie.
Katie, Elliot and Olivia want to ask you some questions.
Hi! Is that all right? Sure.
Hey, Katie! Hey, Olivia! How you doing? Okay.
Good.
Katie, I know that it was a secret, but did you tell anybody about exercising with Mr.
Cheney? No, he'd get mad at me.
Did he ever get mad at you before? Once.
Once.
While you were exercising? No, when I saw Mr.
Cheney exercising with Maryanne.
He yelled at me.
Exercising with Maryanne? Does she work at the store, too? Yes.
She lets me play with Julie.
Who's Julie? Her baby girl.
What's she doing here? You do have a right to confront your accuser.
Katie, I am Not a word, Abe.
The DNA results came back.
Congratulations, Mr.
Cheney.
You're having a boy.
We'll take sexual misconduct.
No way your client walks on a misdemeanor.
Come on, Counselor, you don't want to embarrass Katie in court a second time, do you? She never said "no," she enjoyed it, she kept coming back for more.
Here's what I'm offering.
One count of rape two for Katie.
He does 10 years.
We'll take our chances in court.
I thought you might say that.
Now what are you up to? Recognize any of these? These are children you fathered with women who worked in your markets, three of whom were underage at the time.
We went through your financials, Mr.
Cheney.
You've been paying off the mothers for their silence.
And now you're gonna pay a lot more.
Petition for child support? Five more on the way from the other mothers.
That's six kids.
Each receives 17% of your chain of grocery stores, your personal fortune, everything you own.
Your money is going to take care of Katie and her child for the rest of their lives.