Law & Order Special Victims Unit s05e20 Episode Script
Lowdown
(narrator) 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.
Right here, get yourself some.
Hey, Mercedes, I wanna talk to you.
Scum bucket! I'm not good enough for you? Move on, ladies.
Let's go.
Take it somewhere else, ladies.
Or sir.
Don't call me "sir.
" I'm a lady.
You treat me like one.
I'll treat you to a night in the joint, you don't haul your ass out of here.
So interested in my ass, you know where to find it.
Yeah, the big girls' department at Macy's.
Think they got her size? Check that.
Probably right in the act.
How's he explain getting busted to his wife? Zip it up, sir.
Both of you, out of the car.
Sir? Let's go.
'Morning, sunshine.
What have we got? White male, 30s, with this tied around his neck.
Any signs of a struggle? No bruising.
Looks like she blitzed him.
I've never seen a hooker use her hot pants to strangle a john before.
They're not hot pants, they're leggings.
You wear them to the gym.
So we're looking for a hooker who works out? That should narrow down the search.
Take a look inside.
Condom.
CSU says semen on the inside, lipstick on the outside.
At least somebody's still practicing safe sex.
Any ID? Wallet and credit cards are missing.
But the car's registered to a Jeffrey York.
West Side address.
Hold on.
Let me see the body.
He's an Assistant DA in the Bronx.
You know him? I dated him.
Hey, thought you could use this.
I had to wake the Bronx District Attorney at 2:00 a.
m.
, tell him one of his ADAs was found dead in his car on a known prostitution stroll.
Now, he says we're not jumping to any conclusions.
Are we? No.
Guy just liked hanging out with hookers in his spare time.
Hookers cut or stab, they don't strangle.
If they're on crack, then, hell, they'll do anything.
How many women do you know have the upper-body strength to choke a guy? Could've been a tranny.
Jeff York wasn't the kind of guy for street sex and definitely not transvestites.
Look, everyone's got secrets.
You think you know someone I knew Jeff.
So what was he doing down there? York's an ADA.
We have to consider the possibility he was set up.
Sometimes it's just like it looks.
Crime scene's lifted prints from the passenger door handle of the car and the dead guy's belt buckle.
Left 'em there when she was performing her services.
You mean he.
Prints match a guy.
Kevin Brown a.
k.
a.
Keisha Brown.
Known transvestite prostitute, couple of assault collars, no last known address.
Well, the patrol cops rousted a tranny working that block right before they found Jeff.
Bronx DA is sending us York's case files for the last three years.
Fin, go through it with Munch.
Look for anything that smells like that MO, or somebody who'd set him up.
It's almost 6:00.
Keisha's probably back for the morning traffic.
(Keisha) Not me, boys and girls.
I didn't kill him.
(Stabler) You were in the car.
Which one of them bitches told you that? Your prints were on the door.
And on the john.
Stop! Stop.
Come here.
Stay cool.
My shoes are glued.
I touched the car, but I didn't kill him.
As a matter of fact, he was already dead.
Did you roll him for his wallet? I took a blue gym bag from the back seat.
There was nothing in it, just some clothes.
That's it.
Who bought the credit cards? Hello? Can you hear me? I said the wallet was already gone.
(Benson) Where's the bag? You taking me in? (Stabler) Where is it? You don't book me for murder.
We get the bag, we'll talk.
Dumpster at the underpass.
The clothes didn't suit me.
Mouthwash, sprays, deodorant.
Who knew hookers used so many personal-hygiene products? We're looking for a blue bag.
A blue vinyl bag.
Now, I don't remember you ever mentioning Jeff York.
It was five years ago.
Uh, I worked a case with him.
It wasn't that serious.
How long did you date? About a month.
Nice guy, no chemistry.
Got your blue vinyl gym bag.
Sneakers, red Lycra top.
That Lycra top goes with the leggings.
Uh, business card's got a phone number.
Tina Gardner, investigator for the Bronx DA.
Office romance gone wrong? Why leave the bag in his car? I don't know.
Why don't we call her and find out? [Sighs.]
(Tina) We played handball two nights a week.
Jeff drove.
I forgot my bag in his back seat on Monday.
Were you seeing him? No.
I was his investigator and we were friends.
I can't believe he's gone.
I just saw him last night.
What time? Around 6:00, leaving the office.
He said he was going home.
I don't understand.
Paying for sex? That's not Jeff.
Do you remember what was in your bag? Shoes, uh, gym clothes.
Can you describe the clothes? Red Lycra top, leggings.
Do you carry lipstick? In the bag? I think so.
Why? What brand? Melanie Jones.
Uh, Blush Rose.
Why does that matter? It's got to be Alvarez.
Who's Alvarez? Guy we convicted last week for murder.
He got the max, threatened Jeff in open court.
How serious was that threat? He said Jeff was a dead man, he'd tried his last case.
Did Jeff seem worried? He shrugged it off.
But you should talk to the other ADA on the case, Andy Abbott.
(Andy) Jeff's like the rest of us.
A skel threatens revenge, he wouldn't buckle.
They asked for a deal, Jeff said no.
You saying he should've made one? If you collared someone for murder and he threatened to kill you, would you let him walk? No, and neither would Jeff.
So who is this guy you convicted, this Alvarez? Small-time dealer in Mott Haven trying to go big.
Racked up three bodies.
He strangled them.
And he got off on the first two.
(Benson) What happened? The first murder, we're pretty sure, was jury tampering.
His lawyer was indicted, but we couldn't prove it.
Second one, our chief witness recanted.
Third time's a charm.
Tell my wife that.
She was worried about revenge.
Wanted me off the case.
She begged Jeff to plead it out, or at least get protection.
News did this interview right after the trial.
(reporter) What about the violent threats? You get used to it.
Defendants say these things all the time.
If we walked away from every case where we were afraid of revenge, we couldn't do our job.
(Andy) Jeff loved being a DA.
The ethics, for him, were almost Biblical.
Sounds like you were more worried than he was.
Let me tell you something.
This Alvarez was more vicious than most.
I told Jeff: "You have a permit, carry a gun.
Just for a while.
I do.
" He just laughed.
Said he'd be so scared of shooting himself by accident.
Takes a pair of balls to order a hit on a prosecutor.
Don't take my word for it, go see him.
And tell him Jeff says hello.
That DA, Jeff York? Yeah, I put a hit on him.
He doesn't know what he's saying.
I think he knows exactly what he's saying.
The guy sends me away, I get him whacked that night.
My client's having a little fun.
Want to have fun? Go to Coney Island and ride the Cyclone.
I don't find dead prosecutors all that amusing.
Oh, easy, mama.
It was a joke.
Mr.
Alvarez is lookin' at 25 hard.
He's angry, but not angry enough to kill a DA.
Did you do it for him, Mr.
Horner? Ah, Detective.
I get my clients out of jail legally, Detective.
I resent your implication.
Mr.
Horner, you were indicted for jury tampering.
Not to mention your eyewitness had amnesia and then disappeared.
I'm sorry, are we offending you? The indictment was crap.
Nobody ever proved I bribed a witness.
Why don't you tell your partner to relax? I assure you, neither my client nor I had anything to do with Jeff York's murder.
So you won't object to us taking a peek at your phone records? I'm ahead of you.
My office, my house, my cell phone, all my logs.
Check them with the phone company.
How about you, Mr.
Alvarez? Have you had any interesting visitors lately? No one has come to see me except my lawyer here.
Why don't you check with the warden? Forget Alvarez.
His story checks out.
Lawyer doesn't have any suspicious calls.
Where are you on York's case files? Still in 2003.
Nothing jumps out.
In my copious free time I ran the MO.
Strangulation, prostitute, oral sex.
Zip.
Run it again.
Put in the leggings, the car, and sort by location.
Since 9l11, you have to swipe a card to get out of the courthouse garage.
Jeff York left last night at 6:14.
Corroborates what his investigator told us.
ME says he was killed between 9:00 and 10:00.
That leaves three plus hours unaccounted for.
Captain, Bronx DA in the house.
I'm looking for Capt.
Cragen.
I'm Don Cragen.
Francisco Martinez.
Can we talk privately? I'm afraid we don't have much to tell you.
I appreciate how sensitively you're handling this.
Actually, I'm here to give you information.
Jeff York's bank statements.
Stamped "received" by your office two weeks ago.
You had him under investigation? Informant at Rikers says Alvarez was bragging he bought off York to throw the trial.
You find a money trail? Yeah, but in the wrong direction.
Look at the ATM withdrawals.
$500 every three days.
That's a lot of money on an ADA's salary.
How'd he pay his bills? He didn't.
Credit rating's in the toilet.
So you're thinking York was into, what? Gambling? Drugs? I don't know.
But I'm taking it away from my people and giving it to you.
You got a leaky office? Captain, Jeff York was a good man.
One of my rising stars.
I want to find out who killed him just as much as you do.
[Door opening.]
Jeff York had $30 in his checking account the night he died.
He wasn't buying drugs.
ME says his tox came back clean.
Look, Captain, I've got to say that I think Olivia's getting a little overzealous about this case.
Oh, I might be, too, if I were her.
Hey, Captain, I called the lab.
I wanted them to run something.
You know the lipstick? Yeah, but you don't need to call the lab.
If they got anything, they'll talk to us.
Hold on, Elliot.
Just listen.
The DA's investigator who worked for Jeff told us that she carried lipstick in her bag, but we never found it.
The color was Blush Rose.
I had the lab run a gas chromo on the lipstick on the condom.
Blush Rose.
That'd mean a hooker had to get the lipstick out of the gym bag, put it on, then perform oral sex.
I don't buy it.
So who's the gal with the lips? Since you're going to the lab, see if she left some saliva for DNA along with the lipstick.
Sorry, no saliva.
But I did find something interesting.
Lipstick left this imprint on the condom.
That's a crisp, clean print.
And a problem.
Oral sex, it should be smudged.
Right.
I think the lip print was put on the condom after it was used.
You're saying she put a condom on him, killed him And kissed it afterwards.
After Siper sent me these photos of the lip prints, I went back and focused on the sex act.
I looked at the victim's seminal vesicles.
If he had had sex before he died, there'd be semen in them.
There isn't, and none on his body.
That's impossible.
You saw the condom.
DNA results are back.
Take a look at these two chromolins.
This is Jeff York's DNA.
And this is the DNA from the semen in the condom found in York's car.
They're not the same.
There were two men in that car.
The operative word being men.
Well, no wonder you and Jeff didn't have any chemistry.
He was gay.
(Novak) "Murdered DA in gay sex slay.
" The papers are loving this.
Branch wants facts to counter the bad press.
All we know is Jeff York was gay and had sex in his car with another man.
What about the tranny prostitute angle? Keisha Brown's DNA didn't match the sample in the condom.
No other he-shes work that stroll.
So what happened in that car? We know what didn't happen.
Wallet was stolen, credit cards were unused.
The first thing a hooker's gonna do when she rolls a john is use those credit cards or sell 'em.
So robbery's not the motive.
But we're supposed to think it is.
This is a well-known lovers' lane here.
Maybe Jeff just picked up a guy, had a good time with him.
Then what's the motive to kill him? Could be an accident.
Jeff liked it rough, and our mystery man went too far.
Guys, I gotta tell you Jeff seemed pretty vanilla to me.
Maybe you didn't date him long enough.
(Cragen) Sounds like there's a lot you didn't know about Jeff.
His apartment is still sealed.
Get over there and see if you can find out more about his love life.
(Benson) Not much of a social life.
The only dates in here are dinners with people from the office, notes on cases to discuss.
Guy's got an awful lot of medical bills.
The day he died he had drinks with Andy Abbott at the Carlson Hotel.
Did Abbott mention that to us? No.
There's got to be $10,000 worth of bills here, all of them marked "Paid in cash.
" You know, maybe that's where his money went.
He has insurance from the DA's office.
Yeah, and I'm guessing he didn't use it to pay for this.
That's AZT.
He was HIV positive.
And he paid for his treatments in cash so his office wouldn't find out.
You okay? Yeah, I If you slept with Jeff, you might want I'm going to get tested.
You don't want the results in departmental records, insurance, so go to an anonymous clinic, okay? I know.
Like Jeff did.
Look, you want me to go with you? No.
I'll be fine.
Let's just focus on the case.
Jeff's date book said that he was having drinks with Andy Abbott the night he was killed.
So why didn't Andy tell us that? (Andy) I'm sorry, uh, Jeff and I always went out for drinks after work.
I was so upset by the news, I must've forgotten.
Jeff told your investigator that he was going right home.
Why would Jeff lie about having drinks with you? That's strange.
He he told me he was meeting someone for dinner.
(Benson) You have any idea who? He didn't say and I didn't ask.
He didn't talk about his personal life very much.
Andy, so you had no idea Jeff York was gay? [Doorbell ringing.]
Honey? Honey, could you get the door? I'm really surprised.
Are you sure? Jeff Jeff didn't seem gay.
Sometimes you can't tell.
Ah, he didn't He didn't give me that vibe.
Excuse me, Detectives, I'm sorry to interrupt but the baby sitter's here.
We're gonna be late.
All right.
Hey.
Good night, baby.
Good night, Daddy.
Would you get this for me? I left Jeff sitting in the bar at the Carlson.
I mean, I would've stayed, but I had my poker game.
He said he had about half an hour to kill before dinner and was gonna hang there.
He sat over there by the window.
I remember thinking he was cute.
Was he with anyone? A black guy, shaved head.
If I'd been drinking instead of working, I'd have hit on both of them.
Did they leave together? No, the black guy split first.
He was here another half-hour.
Left a nice tip, though.
Not like the tourists.
And he didn't meet anyone else? No.
He just finished his drink and went.
(Stabler) This hotel's pricey for your average DA.
Inconvenient.
There's plenty of bars near the Bronx courthouse.
Perfect if you don't want colleagues to see you.
Think he was meeting a boyfriend? Let's find out.
Hey, how you doin'? May I help you? Det.
Stabler.
This is my partner, Det.
Benson.
This man look familiar? Yeah, Mr.
York.
He's a regular guest.
How often did he stay here? Once a week, for a night.
(Stabler) Alone? Always checked in that way.
He check in on Wednesday night? He wanted a room, but we were completely booked.
I offered to call other hotels, but he said it wasn't that important and he left.
You're sure he wasn't with anyone? Not on his way out.
I did see him on his way in, talking to What's his name? Football player.
DuShawn McGovern.
He used to be a running back with Miami.
Right.
Big shot in real estate now.
I almost asked him for an autograph.
(McGovern) I was meeting an uptown client when I ran into Jeff in the lobby.
So we sat down and talked.
(Benson) How do you know him? We met at a kids' charity benefit.
He knew I was in real estate.
Wanted to list his apartment with us.
We saw that apartment.
It seems a little downmarket for your company.
He was a nice guy.
I didn't want to blow him off.
He seemed desperate.
To sell? I got the feeling he had money problems.
Mr.
McGovern, where did you go after you left the hotel? Ah, back here to the office then out with some friends.
I'd be glad to give you their names.
We'll get in touch with you if necessary.
Thank you for your time.
That was Fin.
He's got something we'll want to hear.
We know who got the idea to dress up Jeff's murder as a hooker killing.
Case 1: Bridge underpass in the Bronx, a year ago.
Guy in a car picks up a transvestite prostitute.
She strangled him with a pair of pantyhose.
Case 2: South Bronx.
A hooker beats up a john in a car, leaves him unconscious.
Condom with lipstick found on scene.
Case 3: John picks up a transvestite pros.
He's mugged and she takes his wallet.
You got three separate cases, each with pieces of our MO? Can't be a coincidence.
All in the Bronx.
All went to trial.
All prosecuted by Jeff York.
Wrong guy.
Andy Abbott tried them all.
Andy killed Jeff York? Why would Andy Abbott kill Jeff York? Lovers' quarrel gone wrong.
Jeff was gay.
Is there any evidence Andy Abbott is? Wife and kids don't mean he's straight.
DNA from the semen in that condom is gonna prove Andy was in the car.
We don't have enough evidence to compel a DNA sample.
Three pieces of the MO are in three cases he tried.
Circumstantial.
He'll claim someone was framing him.
Bring him in for a chat.
Lock him in with his story [phone ringing.]
And then disprove it.
What? He's watched cops work suspects for years.
We bring him in, he'll just lawyer up.
We won't play him like a perp.
Just tell him we are stuck and we need his help.
I'll send her over.
Elliot, go enlist Andy's cooperation.
Warner wants to see you at the morgue.
I tested Jeff York's blood.
High viral load.
When did you two date? Five years ago.
We only slept together once, and we used protection.
Condoms are effective, not perfect.
It only takes once.
I'm gonna get tested.
I just haven't had time.
Why don't we do it here? Right now.
Melinda.
I'll do it.
Olivia, how many rape victims have you told to get tested? All of them.
Would you tell them it's all right to wait? Okay.
Sit down and roll up your sleeve.
No paperwork, I'll do the test myself.
Could Jeff have been HIV positive back then? Yes, but your risk of exposure is very low.
How could I have missed this? You're not the first woman to sleep with a closeted man.
Maybe he didn't know, right? Sexuality's very complicated.
Just because he was gay doesn't mean he wasn't attracted to you.
(Mary-Ellen) Excuse me.
I'm looking for Andy Abbott.
That's Andy's wife.
(Benson) Mrs.
Abbott.
Andy left a message canceling lunch.
Said he was headed down here.
Is there a break in the case? I'll see you inside.
I don't know.
I just got back.
Oh, Jeff was our best friend.
Do you have a suspect? You know that I can't discuss that with you.
Believe me, I'm used to that, after all these years.
Andy's not answering his cell.
Do you know where he is? I don't, but if I see him, I'll tell him to call you, okay? What's going on? Andy's reviewing DA files, he's looking for defendants with a grudge.
He doesn't know we suspect him yet.
I can't stop thinking about his wife.
Jeff was HIV positive and Andy might be, too.
Makes you want to warn her.
Can we do that? Legally? Absolutely not.
HIV status is confidential even after death.
I'm getting him coffee, and he's hard at work.
Mary-Ellen Abbott was here.
She wants to know what's going on.
I stalled her.
Give me a couple minutes to heat him up.
Let's play the wife card.
Here you go.
Thanks.
I've been over all my old files, and I can't think of anywhere else to look.
The perp had to know about your hooker cases.
The MO copies the three that you tried.
Well, if there's a connection, I'm not seeing it.
We need to look harder.
What else could we do? Let's try to imagine how someone could put together these MOs in one crime.
Hmm? Unless it was an inside job.
You think I killed him? I think we have a very strange coincidence.
[Sighs.]
L-let's be clear.
Mmm-hmm.
Am I a suspect? Why? You want a lawyer? I don't need one.
I am a lawyer.
What possible motive could I have had to kill Jeff? He's one of my closest friends.
No, you were a lot more than friends.
You were having a relationship.
You're crazy.
No.
You couldn't let your wife find out, so you strangled him.
She stopped by, by the way.
She's very concerned.
What did you tell Mary-Ellen? Nothing.
Yet.
Don't threaten me, Detective.
If you say one word about this preposterous lie to her or anyone else, you're looking at departmental charges and a lawsuit for slander! To make a case for slander, you have to prove we said things we knew were false.
So far, everything fits.
You're forcing the pieces together.
If you weren't Jeff's lover, then you can prove it.
All you have to do is give us a DNA sample.
You think I'm stupid? High-profile case, political pressure to make an arrest.
I'm not giving you evidence you can use to frame me.
Andy, you're not convincing me.
I couldn't have killed Jeff.
I wasn't even there.
Where were you? Jeff and I had drinks at the Carlson.
He said he had dinner plans, and he was still there when I left.
So where'd you go? I told you! My poker game.
Like I do every Wednesday night.
[Door slams.]
Andy got to the poker game right after I did.
Had to be around, I don't know, 8:15, 8:30.
He seem okay? He was pretty stressed.
(Stabler) About what? Some murderer they convicted.
The guy threatened to kill Andy's trial partner.
Mr.
Baker, are you sure about the time Andy got to the poker game? Definitely.
You remember what he was wearing? What's this about? I thought Andy was on your side.
We're working on this together.
Then why does it sound like you're accusing Andy of something? (Benson) Just routine background.
You play poker at the same place every week? No, this one was at my place.
My wife and I have a brownstone in Park Slope.
Did your wife stay for the game? She and a girlfriend go to the movies.
Five or six brothers, a couple of beers, it gets a little rowdy.
So then there were six of you? Five.
Less money on the table, but a better game.
It's a heavy-action game.
No limit.
(Fin) These the brothers that play poker? Yeah.
This guy looks familiar.
DuShawn McGovern.
Used to play for Miami.
(Stabler) If DuShawn McGovern was at the game with Andy Abbott, why didn't Andy tell us? Because Andy doesn't want us to know that DuShawn's a friend.
(Cragen) Well, here's what I don't get.
Why are they all protecting Abbott? Maybe they all have something to hide.
Like what? I think they're on the Down Low.
Down what? The Down Low.
Black men having sex with other men.
Every one of those guys is married, some have kids.
(Fin) That's sex on the Down Low.
They say it doesn't mean they're gay.
What does it mean? It's just sex.
They hang out, have a few drinks, pretend that what goes on downstairs isn't who they are.
You grow up being black, you're supposed to be a man, become a father.
Church, your family, your friends, they all see being gay as a white man's perversion.
But white men have trouble dealing with it, too.
There's a whole epidemic of gay white men on crystal meth.
They have to get high to have sex.
It's different for black men.
They go out, have sex with other men, then come home, have sex with their woman, and pretend they're straight.
Don't look at me, I just know stuff.
Go back.
Re-interview McGovern.
(Fin) No.
Let me.
Those other detectives never asked me where I was going.
I offered to give them names.
You say you got to your poker game at 8:30.
Your office says you were in a meeting till 8:00.
You got all the way out to Brooklyn in a half-hour? Maybe it was 9:00.
You married, DuShawn? Divorced.
Any kids? Maybe next time.
You were one hell of a ballplayer.
Those were great years.
Banged up my knees a lot, but I loved it.
I don't remember you signing any high-scratch endorsement deals.
Cars, wristwatches.
All the players get something.
There was talk about you getting some front-office jobs.
Coaching gigs.
Didn't happen.
What's your problem, brother? What's your problem? I was an athlete.
A hero.
Everyone looked up to me.
My family, my friends.
They still do.
I want it to stay that way.
And it won't if they know you do it with men.
Get clear, bro.
I'm no fag.
You're on the Down Low, dude.
This ain't no poker game.
You guys are having sex with each other.
Here's the headline: A black man can make mistakes.
He can even do time.
We stand by him.
What we will not stand by is a black man who's a homosexual.
Here's my headline: You were one of the last people to see Jeff alive, and if you don't start talking, I'm gonna dig through your life.
I'm gonna ask everybody you know about your sex parties.
Man, I am not gay.
I have relationships with women, and sex with men.
And I got news for you.
That means you're gay.
It's been going on for four years.
Poker night.
Every week someone takes the bedroom.
It's like it never happened.
Nobody mentions sex.
You wear protection? You were protection, it's like admitting why you went there.
How'd Jeff York get tied up in all this? Jeff fell in love with Andy at work.
Wanted Andy to leave his wife.
Jeff started talking all this love stuff.
So Andy asked me to get some sense into him.
You go too far and strangle him? No! You're looking good for it.
Andy did it.
He didn't mean to.
Jeff would've dragged us all into a mess.
Andy Abbott, you're under arrest for the murder of Jeffrey York.
You have the right to remain silent.
If you give up If I give up that right, anything I say can and will be used against me in a court of law.
I have the right to an attorney.
How many times do I have to tell you? I am not gay.
I was not Jeff York's lover.
And I did not kill him.
The DNA swab that we took from you will match the condom at the crime scene.
My client can explain that.
Jeff asked me to meet him at the bar at the Carlson to talk.
I knew something was up because he'd been acting so tense around me.
I thought it was from Alvarez's death threat.
But it wasn't.
No.
No, that would've been a hell of a lot easier.
Jeff told me he was in love with me.
I told him I'm sorry, but I didn't feel the same way.
Bet that didn't go over too well.
He was embarrassed.
We both got drunk.
When I left I couldn't get a cab.
Jeff came out, he saw me waiting, he said he'd give me a ride to my poker game.
We drove past some hookers and he pulled over.
I guess he wanted to prove his manhood.
I went first.
When she finished with me, I left.
Took a cab to Brooklyn.
You could've told us this story the first time we interviewed you.
Right.
And say he was in a threesome with a hooker.
The DA would love to read that in the tabloids.
Andy'd lose his job and his family would be humiliated.
I blame myself.
If I hadn't left Jeff there, he'd still be alive.
You've covered all your bases except one.
Your friend DuShawn McGovern was at the hotel talking to Jeff.
Coincidence? No, a business meeting.
My client asked Mr.
McGovern to help Mr.
York sell his apartment.
(Stabler) Wrong answer.
DuShawn says you admitted killing Jeff York, so your wife wouldn't find out you're on the Down Low.
Well, I'm sure DuShawn said exactly what you wanted him to say.
He knows you'd ruin his life to make your case.
He's good.
This cockamamie story might work.
Jury'll see right through him.
Will they? Handsome DA, family man, gets drunk with a colleague and lands in the wrong place at the wrong time.
We can't prove otherwise.
DuShawn McGovern can.
He gave it up to me, he'll testify for you.
There's no way I'm testifying.
Wait a minute.
Just tell her what you told me.
I didn't tell you anything.
Mr.
McGovern, you'd be testifying before the grand jury.
Those proceedings are kept secret.
Secret? Jurors go home after I talk, they'll spread the news.
I know all about gossip.
I lived with it for years when I played ball.
You got no choice.
She'll subpoena you, and I'll haul your ass in there.
I'll put my hand on the Bible and swear to tell the whole truth.
I worked too hard to get where I am to mess it up now.
Go on.
Ask me if Andy killed the man.
I'll say, "I don't know what you're talking about.
" If you'll excuse me, I'm very busy.
[Sighs.]
There goes our case.
What's it gonna take to bring it back? Proof that Jeff York and Andy Abbott were lovers.
Andy's on the Down Low and Jeff sure ain't talking.
Maybe Jeff'll talk to Warner.
The dead can speak.
I ran the DNA from the HIV virus in Jeff York's blood.
Here's the genotype of the HIV strain from Jeff.
I also tested Andy Abbott's DNA swab for HIV.
He's positive.
Here's Andy's genotype.
The HIV strains are identical.
So that proves they had a sexual relationship? HIV mutates constantly.
That's a common mutation to Jeff's HIV.
The exact same mutation on Andy's.
So one of them passed it to the other.
Very likely.
Likely enough to convince a jury? It's suggestive.
Not conclusive.
How suggestive? I can't give you a precise number.
Sorry.
That's not good enough for a jury.
Thanks.
Olivia.
What's up? You're negative.
It's not even worth putting Warner on the stand.
Abbott's lawyer'll find five other guys who have the same strain of HIV who didn't know Andy or Jeff.
Andy gets away with murder.
You got company.
She's steaming.
How can you do this? How can you possibly think that my husband killed our friend? Mrs.
Abbott, we have credible evidence.
More lies.
You knew he was a suspect when we talked.
Don't lie to me again.
She's telling you the truth.
Your husband was having an affair with Jeff York.
I don't believe you.
You're sick.
You don't have to believe me, but for your own sake, get an HIV test.
Jeff York had AIDS.
Go to hell.
Should you have done that? She needed to know.
(Zeirko) Casey.
I'm not backing down.
We're going to trial.
This isn't about the trial.
This is a complaint to the Disciplinary Committee of the Bar demanding you be suspended from the practice of law.
What are you talking about? Your unprofessional, if not criminal, conduct.
You revealed confidential, legally protected medical information to my client's wife.
I'm trying to protect Mary-Ellen from contracting HIV.
She thinks that you're trying to intimidate her to win your case.
I can tear this up if we can make a deal.
Let me get this straight.
You're blackmailing me and in the same breath accusing me of ethical impropriety? I'm defending my client.
I didn't break the law.
Man Two, five years probation, take it or leave it.
I'll take the censure.
I'm betting suspension.
You'll lose your job.
(Clark) Tell me you didn't do this.
I had to warn her.
She has a right to know she's at risk.
You had no legal right to tell her.
Mary, her life is at stake.
Well, congratulations.
In any other profession you'd be Humanitarian of the Year.
You'll be lucky to get out of this with your skin.
I'm screwed.
You bet your sweet ass you are.
Did you tell Mary-Ellen about her husband only to protect her? Or did you have something else in mind? You shouldn't have come here.
Please hear me out.
I won't discuss the case.
I came to apologize.
I was wrong.
It wasn't my place to tell you.
I keep asking myself why, and all I can say is if I was in your position, I hope someone would tell me.
You ruined my life.
I didn't expose you to HIV.
Andy did.
And I didn't put Andy's arrest on the front page, on T.
V.
I have two children, Miss Novak.
They're asking me what their daddy did wrong.
What do I tell them? I don't know.
And how do I tell them I'm HIV positive? I'm sorry.
[Sighs.]
I don't want my girls to suffer.
What am I going to do? You've gone too far, Casey.
When the Disciplinary Committee hears you've been harassing my client's wife, you'll be disbarred.
This was my decision.
I asked her to come.
Okay.
Mary-Ellen, what One day you picked up a little paint brush, and you painted a watercolor Christmas card for me.
Big trees in Central Park, the buildings behind them.
I remember it like yesterday.
I fell in love with you that day, and I love you now, and I will love you till the day I die.
And by the grace of God, I will live long enough to see our girls grow up and find their way in life.
I forgive you for what you did.
But I cannot forgive you if you let our children, and your friends, and their families be destroyed.
A trial will drag all of us through the mud.
I'm asking you, Andy, to be a man and admit what you've done.
I'm so sorry.
I'm sorry, I didn't tell you the truth about me.
I'm sorry for what I did to you.
I know.
He wanted me to leave my family.
But I couldn't.
I couldn't.
I couldn't admit I'm gay.
And we argued and I I got angry.
I got so angry, and I killed him.
Man One, seven and a half to fifteen.
He allocutes, and only the plea and the sentence go on the record.
We seal the rest forever.
We'll forget about the Disciplinary Committee.
Andy? Done.
[Sniffling.]
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.
Right here, get yourself some.
Hey, Mercedes, I wanna talk to you.
Scum bucket! I'm not good enough for you? Move on, ladies.
Let's go.
Take it somewhere else, ladies.
Or sir.
Don't call me "sir.
" I'm a lady.
You treat me like one.
I'll treat you to a night in the joint, you don't haul your ass out of here.
So interested in my ass, you know where to find it.
Yeah, the big girls' department at Macy's.
Think they got her size? Check that.
Probably right in the act.
How's he explain getting busted to his wife? Zip it up, sir.
Both of you, out of the car.
Sir? Let's go.
'Morning, sunshine.
What have we got? White male, 30s, with this tied around his neck.
Any signs of a struggle? No bruising.
Looks like she blitzed him.
I've never seen a hooker use her hot pants to strangle a john before.
They're not hot pants, they're leggings.
You wear them to the gym.
So we're looking for a hooker who works out? That should narrow down the search.
Take a look inside.
Condom.
CSU says semen on the inside, lipstick on the outside.
At least somebody's still practicing safe sex.
Any ID? Wallet and credit cards are missing.
But the car's registered to a Jeffrey York.
West Side address.
Hold on.
Let me see the body.
He's an Assistant DA in the Bronx.
You know him? I dated him.
Hey, thought you could use this.
I had to wake the Bronx District Attorney at 2:00 a.
m.
, tell him one of his ADAs was found dead in his car on a known prostitution stroll.
Now, he says we're not jumping to any conclusions.
Are we? No.
Guy just liked hanging out with hookers in his spare time.
Hookers cut or stab, they don't strangle.
If they're on crack, then, hell, they'll do anything.
How many women do you know have the upper-body strength to choke a guy? Could've been a tranny.
Jeff York wasn't the kind of guy for street sex and definitely not transvestites.
Look, everyone's got secrets.
You think you know someone I knew Jeff.
So what was he doing down there? York's an ADA.
We have to consider the possibility he was set up.
Sometimes it's just like it looks.
Crime scene's lifted prints from the passenger door handle of the car and the dead guy's belt buckle.
Left 'em there when she was performing her services.
You mean he.
Prints match a guy.
Kevin Brown a.
k.
a.
Keisha Brown.
Known transvestite prostitute, couple of assault collars, no last known address.
Well, the patrol cops rousted a tranny working that block right before they found Jeff.
Bronx DA is sending us York's case files for the last three years.
Fin, go through it with Munch.
Look for anything that smells like that MO, or somebody who'd set him up.
It's almost 6:00.
Keisha's probably back for the morning traffic.
(Keisha) Not me, boys and girls.
I didn't kill him.
(Stabler) You were in the car.
Which one of them bitches told you that? Your prints were on the door.
And on the john.
Stop! Stop.
Come here.
Stay cool.
My shoes are glued.
I touched the car, but I didn't kill him.
As a matter of fact, he was already dead.
Did you roll him for his wallet? I took a blue gym bag from the back seat.
There was nothing in it, just some clothes.
That's it.
Who bought the credit cards? Hello? Can you hear me? I said the wallet was already gone.
(Benson) Where's the bag? You taking me in? (Stabler) Where is it? You don't book me for murder.
We get the bag, we'll talk.
Dumpster at the underpass.
The clothes didn't suit me.
Mouthwash, sprays, deodorant.
Who knew hookers used so many personal-hygiene products? We're looking for a blue bag.
A blue vinyl bag.
Now, I don't remember you ever mentioning Jeff York.
It was five years ago.
Uh, I worked a case with him.
It wasn't that serious.
How long did you date? About a month.
Nice guy, no chemistry.
Got your blue vinyl gym bag.
Sneakers, red Lycra top.
That Lycra top goes with the leggings.
Uh, business card's got a phone number.
Tina Gardner, investigator for the Bronx DA.
Office romance gone wrong? Why leave the bag in his car? I don't know.
Why don't we call her and find out? [Sighs.]
(Tina) We played handball two nights a week.
Jeff drove.
I forgot my bag in his back seat on Monday.
Were you seeing him? No.
I was his investigator and we were friends.
I can't believe he's gone.
I just saw him last night.
What time? Around 6:00, leaving the office.
He said he was going home.
I don't understand.
Paying for sex? That's not Jeff.
Do you remember what was in your bag? Shoes, uh, gym clothes.
Can you describe the clothes? Red Lycra top, leggings.
Do you carry lipstick? In the bag? I think so.
Why? What brand? Melanie Jones.
Uh, Blush Rose.
Why does that matter? It's got to be Alvarez.
Who's Alvarez? Guy we convicted last week for murder.
He got the max, threatened Jeff in open court.
How serious was that threat? He said Jeff was a dead man, he'd tried his last case.
Did Jeff seem worried? He shrugged it off.
But you should talk to the other ADA on the case, Andy Abbott.
(Andy) Jeff's like the rest of us.
A skel threatens revenge, he wouldn't buckle.
They asked for a deal, Jeff said no.
You saying he should've made one? If you collared someone for murder and he threatened to kill you, would you let him walk? No, and neither would Jeff.
So who is this guy you convicted, this Alvarez? Small-time dealer in Mott Haven trying to go big.
Racked up three bodies.
He strangled them.
And he got off on the first two.
(Benson) What happened? The first murder, we're pretty sure, was jury tampering.
His lawyer was indicted, but we couldn't prove it.
Second one, our chief witness recanted.
Third time's a charm.
Tell my wife that.
She was worried about revenge.
Wanted me off the case.
She begged Jeff to plead it out, or at least get protection.
News did this interview right after the trial.
(reporter) What about the violent threats? You get used to it.
Defendants say these things all the time.
If we walked away from every case where we were afraid of revenge, we couldn't do our job.
(Andy) Jeff loved being a DA.
The ethics, for him, were almost Biblical.
Sounds like you were more worried than he was.
Let me tell you something.
This Alvarez was more vicious than most.
I told Jeff: "You have a permit, carry a gun.
Just for a while.
I do.
" He just laughed.
Said he'd be so scared of shooting himself by accident.
Takes a pair of balls to order a hit on a prosecutor.
Don't take my word for it, go see him.
And tell him Jeff says hello.
That DA, Jeff York? Yeah, I put a hit on him.
He doesn't know what he's saying.
I think he knows exactly what he's saying.
The guy sends me away, I get him whacked that night.
My client's having a little fun.
Want to have fun? Go to Coney Island and ride the Cyclone.
I don't find dead prosecutors all that amusing.
Oh, easy, mama.
It was a joke.
Mr.
Alvarez is lookin' at 25 hard.
He's angry, but not angry enough to kill a DA.
Did you do it for him, Mr.
Horner? Ah, Detective.
I get my clients out of jail legally, Detective.
I resent your implication.
Mr.
Horner, you were indicted for jury tampering.
Not to mention your eyewitness had amnesia and then disappeared.
I'm sorry, are we offending you? The indictment was crap.
Nobody ever proved I bribed a witness.
Why don't you tell your partner to relax? I assure you, neither my client nor I had anything to do with Jeff York's murder.
So you won't object to us taking a peek at your phone records? I'm ahead of you.
My office, my house, my cell phone, all my logs.
Check them with the phone company.
How about you, Mr.
Alvarez? Have you had any interesting visitors lately? No one has come to see me except my lawyer here.
Why don't you check with the warden? Forget Alvarez.
His story checks out.
Lawyer doesn't have any suspicious calls.
Where are you on York's case files? Still in 2003.
Nothing jumps out.
In my copious free time I ran the MO.
Strangulation, prostitute, oral sex.
Zip.
Run it again.
Put in the leggings, the car, and sort by location.
Since 9l11, you have to swipe a card to get out of the courthouse garage.
Jeff York left last night at 6:14.
Corroborates what his investigator told us.
ME says he was killed between 9:00 and 10:00.
That leaves three plus hours unaccounted for.
Captain, Bronx DA in the house.
I'm looking for Capt.
Cragen.
I'm Don Cragen.
Francisco Martinez.
Can we talk privately? I'm afraid we don't have much to tell you.
I appreciate how sensitively you're handling this.
Actually, I'm here to give you information.
Jeff York's bank statements.
Stamped "received" by your office two weeks ago.
You had him under investigation? Informant at Rikers says Alvarez was bragging he bought off York to throw the trial.
You find a money trail? Yeah, but in the wrong direction.
Look at the ATM withdrawals.
$500 every three days.
That's a lot of money on an ADA's salary.
How'd he pay his bills? He didn't.
Credit rating's in the toilet.
So you're thinking York was into, what? Gambling? Drugs? I don't know.
But I'm taking it away from my people and giving it to you.
You got a leaky office? Captain, Jeff York was a good man.
One of my rising stars.
I want to find out who killed him just as much as you do.
[Door opening.]
Jeff York had $30 in his checking account the night he died.
He wasn't buying drugs.
ME says his tox came back clean.
Look, Captain, I've got to say that I think Olivia's getting a little overzealous about this case.
Oh, I might be, too, if I were her.
Hey, Captain, I called the lab.
I wanted them to run something.
You know the lipstick? Yeah, but you don't need to call the lab.
If they got anything, they'll talk to us.
Hold on, Elliot.
Just listen.
The DA's investigator who worked for Jeff told us that she carried lipstick in her bag, but we never found it.
The color was Blush Rose.
I had the lab run a gas chromo on the lipstick on the condom.
Blush Rose.
That'd mean a hooker had to get the lipstick out of the gym bag, put it on, then perform oral sex.
I don't buy it.
So who's the gal with the lips? Since you're going to the lab, see if she left some saliva for DNA along with the lipstick.
Sorry, no saliva.
But I did find something interesting.
Lipstick left this imprint on the condom.
That's a crisp, clean print.
And a problem.
Oral sex, it should be smudged.
Right.
I think the lip print was put on the condom after it was used.
You're saying she put a condom on him, killed him And kissed it afterwards.
After Siper sent me these photos of the lip prints, I went back and focused on the sex act.
I looked at the victim's seminal vesicles.
If he had had sex before he died, there'd be semen in them.
There isn't, and none on his body.
That's impossible.
You saw the condom.
DNA results are back.
Take a look at these two chromolins.
This is Jeff York's DNA.
And this is the DNA from the semen in the condom found in York's car.
They're not the same.
There were two men in that car.
The operative word being men.
Well, no wonder you and Jeff didn't have any chemistry.
He was gay.
(Novak) "Murdered DA in gay sex slay.
" The papers are loving this.
Branch wants facts to counter the bad press.
All we know is Jeff York was gay and had sex in his car with another man.
What about the tranny prostitute angle? Keisha Brown's DNA didn't match the sample in the condom.
No other he-shes work that stroll.
So what happened in that car? We know what didn't happen.
Wallet was stolen, credit cards were unused.
The first thing a hooker's gonna do when she rolls a john is use those credit cards or sell 'em.
So robbery's not the motive.
But we're supposed to think it is.
This is a well-known lovers' lane here.
Maybe Jeff just picked up a guy, had a good time with him.
Then what's the motive to kill him? Could be an accident.
Jeff liked it rough, and our mystery man went too far.
Guys, I gotta tell you Jeff seemed pretty vanilla to me.
Maybe you didn't date him long enough.
(Cragen) Sounds like there's a lot you didn't know about Jeff.
His apartment is still sealed.
Get over there and see if you can find out more about his love life.
(Benson) Not much of a social life.
The only dates in here are dinners with people from the office, notes on cases to discuss.
Guy's got an awful lot of medical bills.
The day he died he had drinks with Andy Abbott at the Carlson Hotel.
Did Abbott mention that to us? No.
There's got to be $10,000 worth of bills here, all of them marked "Paid in cash.
" You know, maybe that's where his money went.
He has insurance from the DA's office.
Yeah, and I'm guessing he didn't use it to pay for this.
That's AZT.
He was HIV positive.
And he paid for his treatments in cash so his office wouldn't find out.
You okay? Yeah, I If you slept with Jeff, you might want I'm going to get tested.
You don't want the results in departmental records, insurance, so go to an anonymous clinic, okay? I know.
Like Jeff did.
Look, you want me to go with you? No.
I'll be fine.
Let's just focus on the case.
Jeff's date book said that he was having drinks with Andy Abbott the night he was killed.
So why didn't Andy tell us that? (Andy) I'm sorry, uh, Jeff and I always went out for drinks after work.
I was so upset by the news, I must've forgotten.
Jeff told your investigator that he was going right home.
Why would Jeff lie about having drinks with you? That's strange.
He he told me he was meeting someone for dinner.
(Benson) You have any idea who? He didn't say and I didn't ask.
He didn't talk about his personal life very much.
Andy, so you had no idea Jeff York was gay? [Doorbell ringing.]
Honey? Honey, could you get the door? I'm really surprised.
Are you sure? Jeff Jeff didn't seem gay.
Sometimes you can't tell.
Ah, he didn't He didn't give me that vibe.
Excuse me, Detectives, I'm sorry to interrupt but the baby sitter's here.
We're gonna be late.
All right.
Hey.
Good night, baby.
Good night, Daddy.
Would you get this for me? I left Jeff sitting in the bar at the Carlson.
I mean, I would've stayed, but I had my poker game.
He said he had about half an hour to kill before dinner and was gonna hang there.
He sat over there by the window.
I remember thinking he was cute.
Was he with anyone? A black guy, shaved head.
If I'd been drinking instead of working, I'd have hit on both of them.
Did they leave together? No, the black guy split first.
He was here another half-hour.
Left a nice tip, though.
Not like the tourists.
And he didn't meet anyone else? No.
He just finished his drink and went.
(Stabler) This hotel's pricey for your average DA.
Inconvenient.
There's plenty of bars near the Bronx courthouse.
Perfect if you don't want colleagues to see you.
Think he was meeting a boyfriend? Let's find out.
Hey, how you doin'? May I help you? Det.
Stabler.
This is my partner, Det.
Benson.
This man look familiar? Yeah, Mr.
York.
He's a regular guest.
How often did he stay here? Once a week, for a night.
(Stabler) Alone? Always checked in that way.
He check in on Wednesday night? He wanted a room, but we were completely booked.
I offered to call other hotels, but he said it wasn't that important and he left.
You're sure he wasn't with anyone? Not on his way out.
I did see him on his way in, talking to What's his name? Football player.
DuShawn McGovern.
He used to be a running back with Miami.
Right.
Big shot in real estate now.
I almost asked him for an autograph.
(McGovern) I was meeting an uptown client when I ran into Jeff in the lobby.
So we sat down and talked.
(Benson) How do you know him? We met at a kids' charity benefit.
He knew I was in real estate.
Wanted to list his apartment with us.
We saw that apartment.
It seems a little downmarket for your company.
He was a nice guy.
I didn't want to blow him off.
He seemed desperate.
To sell? I got the feeling he had money problems.
Mr.
McGovern, where did you go after you left the hotel? Ah, back here to the office then out with some friends.
I'd be glad to give you their names.
We'll get in touch with you if necessary.
Thank you for your time.
That was Fin.
He's got something we'll want to hear.
We know who got the idea to dress up Jeff's murder as a hooker killing.
Case 1: Bridge underpass in the Bronx, a year ago.
Guy in a car picks up a transvestite prostitute.
She strangled him with a pair of pantyhose.
Case 2: South Bronx.
A hooker beats up a john in a car, leaves him unconscious.
Condom with lipstick found on scene.
Case 3: John picks up a transvestite pros.
He's mugged and she takes his wallet.
You got three separate cases, each with pieces of our MO? Can't be a coincidence.
All in the Bronx.
All went to trial.
All prosecuted by Jeff York.
Wrong guy.
Andy Abbott tried them all.
Andy killed Jeff York? Why would Andy Abbott kill Jeff York? Lovers' quarrel gone wrong.
Jeff was gay.
Is there any evidence Andy Abbott is? Wife and kids don't mean he's straight.
DNA from the semen in that condom is gonna prove Andy was in the car.
We don't have enough evidence to compel a DNA sample.
Three pieces of the MO are in three cases he tried.
Circumstantial.
He'll claim someone was framing him.
Bring him in for a chat.
Lock him in with his story [phone ringing.]
And then disprove it.
What? He's watched cops work suspects for years.
We bring him in, he'll just lawyer up.
We won't play him like a perp.
Just tell him we are stuck and we need his help.
I'll send her over.
Elliot, go enlist Andy's cooperation.
Warner wants to see you at the morgue.
I tested Jeff York's blood.
High viral load.
When did you two date? Five years ago.
We only slept together once, and we used protection.
Condoms are effective, not perfect.
It only takes once.
I'm gonna get tested.
I just haven't had time.
Why don't we do it here? Right now.
Melinda.
I'll do it.
Olivia, how many rape victims have you told to get tested? All of them.
Would you tell them it's all right to wait? Okay.
Sit down and roll up your sleeve.
No paperwork, I'll do the test myself.
Could Jeff have been HIV positive back then? Yes, but your risk of exposure is very low.
How could I have missed this? You're not the first woman to sleep with a closeted man.
Maybe he didn't know, right? Sexuality's very complicated.
Just because he was gay doesn't mean he wasn't attracted to you.
(Mary-Ellen) Excuse me.
I'm looking for Andy Abbott.
That's Andy's wife.
(Benson) Mrs.
Abbott.
Andy left a message canceling lunch.
Said he was headed down here.
Is there a break in the case? I'll see you inside.
I don't know.
I just got back.
Oh, Jeff was our best friend.
Do you have a suspect? You know that I can't discuss that with you.
Believe me, I'm used to that, after all these years.
Andy's not answering his cell.
Do you know where he is? I don't, but if I see him, I'll tell him to call you, okay? What's going on? Andy's reviewing DA files, he's looking for defendants with a grudge.
He doesn't know we suspect him yet.
I can't stop thinking about his wife.
Jeff was HIV positive and Andy might be, too.
Makes you want to warn her.
Can we do that? Legally? Absolutely not.
HIV status is confidential even after death.
I'm getting him coffee, and he's hard at work.
Mary-Ellen Abbott was here.
She wants to know what's going on.
I stalled her.
Give me a couple minutes to heat him up.
Let's play the wife card.
Here you go.
Thanks.
I've been over all my old files, and I can't think of anywhere else to look.
The perp had to know about your hooker cases.
The MO copies the three that you tried.
Well, if there's a connection, I'm not seeing it.
We need to look harder.
What else could we do? Let's try to imagine how someone could put together these MOs in one crime.
Hmm? Unless it was an inside job.
You think I killed him? I think we have a very strange coincidence.
[Sighs.]
L-let's be clear.
Mmm-hmm.
Am I a suspect? Why? You want a lawyer? I don't need one.
I am a lawyer.
What possible motive could I have had to kill Jeff? He's one of my closest friends.
No, you were a lot more than friends.
You were having a relationship.
You're crazy.
No.
You couldn't let your wife find out, so you strangled him.
She stopped by, by the way.
She's very concerned.
What did you tell Mary-Ellen? Nothing.
Yet.
Don't threaten me, Detective.
If you say one word about this preposterous lie to her or anyone else, you're looking at departmental charges and a lawsuit for slander! To make a case for slander, you have to prove we said things we knew were false.
So far, everything fits.
You're forcing the pieces together.
If you weren't Jeff's lover, then you can prove it.
All you have to do is give us a DNA sample.
You think I'm stupid? High-profile case, political pressure to make an arrest.
I'm not giving you evidence you can use to frame me.
Andy, you're not convincing me.
I couldn't have killed Jeff.
I wasn't even there.
Where were you? Jeff and I had drinks at the Carlson.
He said he had dinner plans, and he was still there when I left.
So where'd you go? I told you! My poker game.
Like I do every Wednesday night.
[Door slams.]
Andy got to the poker game right after I did.
Had to be around, I don't know, 8:15, 8:30.
He seem okay? He was pretty stressed.
(Stabler) About what? Some murderer they convicted.
The guy threatened to kill Andy's trial partner.
Mr.
Baker, are you sure about the time Andy got to the poker game? Definitely.
You remember what he was wearing? What's this about? I thought Andy was on your side.
We're working on this together.
Then why does it sound like you're accusing Andy of something? (Benson) Just routine background.
You play poker at the same place every week? No, this one was at my place.
My wife and I have a brownstone in Park Slope.
Did your wife stay for the game? She and a girlfriend go to the movies.
Five or six brothers, a couple of beers, it gets a little rowdy.
So then there were six of you? Five.
Less money on the table, but a better game.
It's a heavy-action game.
No limit.
(Fin) These the brothers that play poker? Yeah.
This guy looks familiar.
DuShawn McGovern.
Used to play for Miami.
(Stabler) If DuShawn McGovern was at the game with Andy Abbott, why didn't Andy tell us? Because Andy doesn't want us to know that DuShawn's a friend.
(Cragen) Well, here's what I don't get.
Why are they all protecting Abbott? Maybe they all have something to hide.
Like what? I think they're on the Down Low.
Down what? The Down Low.
Black men having sex with other men.
Every one of those guys is married, some have kids.
(Fin) That's sex on the Down Low.
They say it doesn't mean they're gay.
What does it mean? It's just sex.
They hang out, have a few drinks, pretend that what goes on downstairs isn't who they are.
You grow up being black, you're supposed to be a man, become a father.
Church, your family, your friends, they all see being gay as a white man's perversion.
But white men have trouble dealing with it, too.
There's a whole epidemic of gay white men on crystal meth.
They have to get high to have sex.
It's different for black men.
They go out, have sex with other men, then come home, have sex with their woman, and pretend they're straight.
Don't look at me, I just know stuff.
Go back.
Re-interview McGovern.
(Fin) No.
Let me.
Those other detectives never asked me where I was going.
I offered to give them names.
You say you got to your poker game at 8:30.
Your office says you were in a meeting till 8:00.
You got all the way out to Brooklyn in a half-hour? Maybe it was 9:00.
You married, DuShawn? Divorced.
Any kids? Maybe next time.
You were one hell of a ballplayer.
Those were great years.
Banged up my knees a lot, but I loved it.
I don't remember you signing any high-scratch endorsement deals.
Cars, wristwatches.
All the players get something.
There was talk about you getting some front-office jobs.
Coaching gigs.
Didn't happen.
What's your problem, brother? What's your problem? I was an athlete.
A hero.
Everyone looked up to me.
My family, my friends.
They still do.
I want it to stay that way.
And it won't if they know you do it with men.
Get clear, bro.
I'm no fag.
You're on the Down Low, dude.
This ain't no poker game.
You guys are having sex with each other.
Here's the headline: A black man can make mistakes.
He can even do time.
We stand by him.
What we will not stand by is a black man who's a homosexual.
Here's my headline: You were one of the last people to see Jeff alive, and if you don't start talking, I'm gonna dig through your life.
I'm gonna ask everybody you know about your sex parties.
Man, I am not gay.
I have relationships with women, and sex with men.
And I got news for you.
That means you're gay.
It's been going on for four years.
Poker night.
Every week someone takes the bedroom.
It's like it never happened.
Nobody mentions sex.
You wear protection? You were protection, it's like admitting why you went there.
How'd Jeff York get tied up in all this? Jeff fell in love with Andy at work.
Wanted Andy to leave his wife.
Jeff started talking all this love stuff.
So Andy asked me to get some sense into him.
You go too far and strangle him? No! You're looking good for it.
Andy did it.
He didn't mean to.
Jeff would've dragged us all into a mess.
Andy Abbott, you're under arrest for the murder of Jeffrey York.
You have the right to remain silent.
If you give up If I give up that right, anything I say can and will be used against me in a court of law.
I have the right to an attorney.
How many times do I have to tell you? I am not gay.
I was not Jeff York's lover.
And I did not kill him.
The DNA swab that we took from you will match the condom at the crime scene.
My client can explain that.
Jeff asked me to meet him at the bar at the Carlson to talk.
I knew something was up because he'd been acting so tense around me.
I thought it was from Alvarez's death threat.
But it wasn't.
No.
No, that would've been a hell of a lot easier.
Jeff told me he was in love with me.
I told him I'm sorry, but I didn't feel the same way.
Bet that didn't go over too well.
He was embarrassed.
We both got drunk.
When I left I couldn't get a cab.
Jeff came out, he saw me waiting, he said he'd give me a ride to my poker game.
We drove past some hookers and he pulled over.
I guess he wanted to prove his manhood.
I went first.
When she finished with me, I left.
Took a cab to Brooklyn.
You could've told us this story the first time we interviewed you.
Right.
And say he was in a threesome with a hooker.
The DA would love to read that in the tabloids.
Andy'd lose his job and his family would be humiliated.
I blame myself.
If I hadn't left Jeff there, he'd still be alive.
You've covered all your bases except one.
Your friend DuShawn McGovern was at the hotel talking to Jeff.
Coincidence? No, a business meeting.
My client asked Mr.
McGovern to help Mr.
York sell his apartment.
(Stabler) Wrong answer.
DuShawn says you admitted killing Jeff York, so your wife wouldn't find out you're on the Down Low.
Well, I'm sure DuShawn said exactly what you wanted him to say.
He knows you'd ruin his life to make your case.
He's good.
This cockamamie story might work.
Jury'll see right through him.
Will they? Handsome DA, family man, gets drunk with a colleague and lands in the wrong place at the wrong time.
We can't prove otherwise.
DuShawn McGovern can.
He gave it up to me, he'll testify for you.
There's no way I'm testifying.
Wait a minute.
Just tell her what you told me.
I didn't tell you anything.
Mr.
McGovern, you'd be testifying before the grand jury.
Those proceedings are kept secret.
Secret? Jurors go home after I talk, they'll spread the news.
I know all about gossip.
I lived with it for years when I played ball.
You got no choice.
She'll subpoena you, and I'll haul your ass in there.
I'll put my hand on the Bible and swear to tell the whole truth.
I worked too hard to get where I am to mess it up now.
Go on.
Ask me if Andy killed the man.
I'll say, "I don't know what you're talking about.
" If you'll excuse me, I'm very busy.
[Sighs.]
There goes our case.
What's it gonna take to bring it back? Proof that Jeff York and Andy Abbott were lovers.
Andy's on the Down Low and Jeff sure ain't talking.
Maybe Jeff'll talk to Warner.
The dead can speak.
I ran the DNA from the HIV virus in Jeff York's blood.
Here's the genotype of the HIV strain from Jeff.
I also tested Andy Abbott's DNA swab for HIV.
He's positive.
Here's Andy's genotype.
The HIV strains are identical.
So that proves they had a sexual relationship? HIV mutates constantly.
That's a common mutation to Jeff's HIV.
The exact same mutation on Andy's.
So one of them passed it to the other.
Very likely.
Likely enough to convince a jury? It's suggestive.
Not conclusive.
How suggestive? I can't give you a precise number.
Sorry.
That's not good enough for a jury.
Thanks.
Olivia.
What's up? You're negative.
It's not even worth putting Warner on the stand.
Abbott's lawyer'll find five other guys who have the same strain of HIV who didn't know Andy or Jeff.
Andy gets away with murder.
You got company.
She's steaming.
How can you do this? How can you possibly think that my husband killed our friend? Mrs.
Abbott, we have credible evidence.
More lies.
You knew he was a suspect when we talked.
Don't lie to me again.
She's telling you the truth.
Your husband was having an affair with Jeff York.
I don't believe you.
You're sick.
You don't have to believe me, but for your own sake, get an HIV test.
Jeff York had AIDS.
Go to hell.
Should you have done that? She needed to know.
(Zeirko) Casey.
I'm not backing down.
We're going to trial.
This isn't about the trial.
This is a complaint to the Disciplinary Committee of the Bar demanding you be suspended from the practice of law.
What are you talking about? Your unprofessional, if not criminal, conduct.
You revealed confidential, legally protected medical information to my client's wife.
I'm trying to protect Mary-Ellen from contracting HIV.
She thinks that you're trying to intimidate her to win your case.
I can tear this up if we can make a deal.
Let me get this straight.
You're blackmailing me and in the same breath accusing me of ethical impropriety? I'm defending my client.
I didn't break the law.
Man Two, five years probation, take it or leave it.
I'll take the censure.
I'm betting suspension.
You'll lose your job.
(Clark) Tell me you didn't do this.
I had to warn her.
She has a right to know she's at risk.
You had no legal right to tell her.
Mary, her life is at stake.
Well, congratulations.
In any other profession you'd be Humanitarian of the Year.
You'll be lucky to get out of this with your skin.
I'm screwed.
You bet your sweet ass you are.
Did you tell Mary-Ellen about her husband only to protect her? Or did you have something else in mind? You shouldn't have come here.
Please hear me out.
I won't discuss the case.
I came to apologize.
I was wrong.
It wasn't my place to tell you.
I keep asking myself why, and all I can say is if I was in your position, I hope someone would tell me.
You ruined my life.
I didn't expose you to HIV.
Andy did.
And I didn't put Andy's arrest on the front page, on T.
V.
I have two children, Miss Novak.
They're asking me what their daddy did wrong.
What do I tell them? I don't know.
And how do I tell them I'm HIV positive? I'm sorry.
[Sighs.]
I don't want my girls to suffer.
What am I going to do? You've gone too far, Casey.
When the Disciplinary Committee hears you've been harassing my client's wife, you'll be disbarred.
This was my decision.
I asked her to come.
Okay.
Mary-Ellen, what One day you picked up a little paint brush, and you painted a watercolor Christmas card for me.
Big trees in Central Park, the buildings behind them.
I remember it like yesterday.
I fell in love with you that day, and I love you now, and I will love you till the day I die.
And by the grace of God, I will live long enough to see our girls grow up and find their way in life.
I forgive you for what you did.
But I cannot forgive you if you let our children, and your friends, and their families be destroyed.
A trial will drag all of us through the mud.
I'm asking you, Andy, to be a man and admit what you've done.
I'm so sorry.
I'm sorry, I didn't tell you the truth about me.
I'm sorry for what I did to you.
I know.
He wanted me to leave my family.
But I couldn't.
I couldn't.
I couldn't admit I'm gay.
And we argued and I I got angry.
I got so angry, and I killed him.
Man One, seven and a half to fifteen.
He allocutes, and only the plea and the sentence go on the record.
We seal the rest forever.
We'll forget about the Disciplinary Committee.
Andy? Done.
[Sniffling.]