Law & Order (1990) s17e08 Episode Script
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NARRATOR: In the criminal justice system the people are represented by two separate yet equally important groups, the police who investigate crime and the district attorneys who prosecute the offenders.
These are their stories.
(CLUB MUSIC PLAYING) (PEOPLE CHEERING) (LOUD CHATTERING) (WHOOPING) CHRIS: Yeah! Let's see what you got! Oh, that's just special.
(CHUCKLING) What you got underneath those shirts, ladies? (ALL CHEERING) You got something under there you wanna show me? You girls ready for me? I'm ready to be the baddest babe at this party! Whoo! You gonna take that smack from her? No! (GIRLS LAUGHING) All right.
We're gonna get so naked for you! Yeah, we are! Hang on, hang on, hang on.
Show me you're serious.
Make out for me.
Okay! Okay! Oh! I think these babes are ready to get very, very bad! (BOTH LAUGHING) Let's go, let's go in.
(GIRLS HOOTING) This is amazing! Hey, Chris! Hey, Chris, you want a little taste? Mmm Hell, no, I'm goin' first! Aw, now, ladies, ladies, fair is fair.
Mmm-hmm? Both at the same time.
Ooh! (ALL LAUGHING) It's all yours, baby.
Ready? Ready.
One, two One, two (GIRLS WHOOPING) Dude! What the hell is that? GIRL: Oh, my God.
All right, cut the tape.
Cut the Cut the tape! DOA's Hudson Moore, 26.
I know that name.
He spouts off in the tabloids a lot.
Mmm.
You can say what you like when you have five billion in family money.
"Babes Being Bad.
" Is this his operation? Yeah, apparently Mr.
Moore just came to the party to catch up on his bare breast quofient That's who owns it, Chris Drake.
He called it in.
I'll take the body.
Mr.
Drake? I got it.
Detective Green.
What a nightmare.
You two were friends? Yeah.
Do you know of anybody that would want to hurt him? No, I I don't know.
Anybody get unruly at your party tonight? You get out of line, you get tossed.
Okay, did anybody get tossed tonight? No.
And I'd have known, I I keep a close watch.
I'm still gonna need to talk to your security guards.
I'm telling you, I would've known.
This isn't a frat party.
This is a multimillion-dollar business! Yeah and there's a dead man in the middle of it, so if I need to speak to your security guards, I'm going to, all right? Yeah, yeah, yeah.
All yours.
Thanks.
Murder weapon.
Well Somebody went to town on Mr.
Moore.
And left out the window.
Detectives, take a look at this.
There's a partial bloody print on the sill.
How much do you think this punk, Drake makes getting these girls to expose themselves? I don't know, but I hear it's a lot.
And look what they get in return.
Hot pants.
Well, hot pants? Dignity? Add booze to the mix, look where you end up.
So where's Latent with the murder weapon? No usable prints on the bottle, and the ones off the window frame aren't in the system.
And we talked to all of security, nobody saw Hudson Moore leave that party or get on the bus.
What about the partygoers? Ten girls said they talked to Hudson Moore or were so hammered they imagined they did.
None remember seeing him leave, though a few do recall being groped by him.
So this kid's a class act.
Yeah, at a class party.
Any specific enemies? None yet.
But the tabloids eat him up for his nasty mouth.
Spouts off about his money, rags on his famous ex-girlfriends.
He has a current girlfriend? Changes 'em like socks.
Ugh.
I'm so glad I didn't have daughters.
Hey, a dump from Hudson Moore's cell phone shows that his last call was from a Bryce Moore.
I think that's his older brother.
It is, listen, he left a voice message, "Duck me as long as you like, "but someday you will have to answer for your actions.
" Huh.
Go see if Bryce was at the party last night and see how he's taking his brother's death.
Forgive me, we're all devastated.
Of course.
Our records show that you called your brother at around 11:15? Yes, okay, I remember.
What did you mean by "Answer for his actions"? What had he done? Have you ever heard the name Hepplewhite? Yeah, seen it on a box of crackers.
Old family, old money.
Hudson and I grew up with the grandson, Paul, who somehow stumbled onto the notion that he's a documentarian.
His first film is titled Idle Hands.
Right.
About rich people.
Heirs.
My brother let them follow him around for three days.
Embarrassed himself, us.
When was the last time you saw your brother, Mr.
Moore? Six weeks ago.
Can you account for your whereabouts last night? I was at a charity auction for The Sons of the Civil War.
Until 11:30.
And you have got a hell of a nerve.
Accusing me of killing my brother.
I haven't accused you of anything yet.
Was there anything unusual going on in his life lately? His most recent trauma was Samantha Beresford breaking up with him.
We haven't seen that name associated with him.
Because she's from a good family.
Who knows how to keep their name out of the paper.
Now are we through? We were together six months.
Then Hudson insulted my friend in the press.
That killed it.
When was the last time you saw him? Last week, at Catalyst.
How was he behaving that night? Anything on his mind, family issues? 'Cause of the documentary? He couldn't have cared less.
He was just Hudson, drunk party boy.
Flirty.
Another reason we broke up.
Did something happen that night? He got to talking with some little B and T ho.
CASSADY: She a friend of his? Never.
She was pure country.
I thought she came with Chris Drake, like he brought her as a "screw you" to me.
To make me jealous.
Me and Chris were together for 10 minutes before I hooked up with Hudson.
So there was some kind of love triangle between you, Chris, and Hudson? Not according to me.
I couldn't take Chris seriously.
Why not? Porn money? My grandmother would not dig that.
I broke it off early.
How did Chris take it? Not so great.
Sendin' her four emails a day, voicemails, text messages, flowers.
So what? She's cute.
You're up to your neck in cute.
She's old money.
Yeah? And I'm new money.
It all spends the same, really.
Not according to Samantha Beresford.
(SIGHING) There's no love triangle.
Was she workin' me a little? Sure.
But she wasn't involved with Hudson anymore, and he didn't care about Samantha anyway.
The guy didn't care about anybody.
So Why'd you hang out with him? For his money.
See, I wanna buy my distributor, and I wanted him to front me.
You don't have your own money? Two most important rules of business.
You ready? Takin' notes? One, never take no for an answer.
Two, never use your own money.
First question in detective work, you ready? Where were you when Hudson Moore was killed? Inside at the party, working.
Question two, who can back that up? My bodyguard, Deon.
When I'm workin' a party, never leaves my side.
ED: The bodyguard backs up Drake.
He said he was at that party all night long, didn't go near that bus 'til they found the body.
Well, how long has this bodyguard been on the payroll? Since the beginning, four years.
Mmm-hmm.
Yeah, I got the same thing.
But, Drake's got a zillion dollars in the bank, he got line of women up to his door, would he murder over a woman? Well, it wouldn't be the first time a man's killed over a woman, especially when that woman can elevate his status.
Hey, we got somebody to talk to over at Rikers.
Richard "The Bomb" Condell.
A music producer, runs in their circle.
What was the collar? Did a hand-to-hand with undercover from Bronx narcotics.
Cocaine.
He had a watch in his pocket, and the inscription on the back said, "Hudson, Happy 21st Birthday, Love, Dad.
" Also had drink tickets on him from the B.
B.
B party.
Was Hudson Moore wearing a watch when he died? Wasn't on the body.
Go to Rikers.
I didn't take his watch! I went to the party to return it to him! And how'd you get it in the first place? He used to date my girlfriend Tara.
He gave it to her.
But when they broke up, he insulted her in the press, so she wanted to throw it in the East River.
I said, "Let's give it back.
" You could've just mailed it.
It's a hundred thousand-dollar Patek Phillippe.
Richard You want us to help you or not? Ask Chris Drake.
He got me thrown out of the party.
He was with Hudson when I tried to talk to him.
Well, when was this? Chris and Hudson were talkin' to some girl, I came out of the party, was, like, "Hey, douche bag," and then Drake radioed for a bouncer to boot me.
You saw them talking outside that party bus at 10:00? Right! Who's the girl? I don't know, just some chick at the party! Well, what did she look like? Uh, white, uh, blonde hair Young, cute.
Like all of 'em.
I'd like to know why the hell you believe The Bomb over me.
Because The Bomb's timeline actually checks out.
When Hudson Moore died, The Bomb was tryin' to buy coke.
We talked to his dealers.
And he was very honest.
Unlike yourself.
Now why did you tell me you weren't anywhere near the bus that night? Come on, man, my friend had just gotten killed, I wasn't thinking straight, okay? Your emails to Samantha Beresford.
Oh, please.
This is a waste of time.
Sit down! I ain't playin' with you, sit down.
"Hudson screws anything that moves.
"Why don't you spend time with someone who respects you?" That may prove that I'm a sap, but not that I had anything to do with Hudson being killed.
It's called motive.
And if we have an eyewitness that saw you at that party bus, that's called opportunity.
CASSADY: No one is sayin' this is premeditated, Chris.
Spur of the moment, things got outta hand.
No, wrong! Have anything to do with that girl you were with? (LAUGHING) Buddy, there were Sorry if I can't remember all of them.
I'm done talking, I want my lawyer.
ED: Good, it's out of our hands.
I want my lawyer right now! (ED slsl-ls) Bad news.
Oh, for us or him? You.
Come on.
We searched all the video from the party for footage that featured the bus.
This is from an exterior surveillance camera.
So, at 10:45, Chris Drake unlocks the party bus and gets on, followed by a girl.
And nothing happens for 12 minutes.
Then Drake gets off, shakes hands with his friend, Hudson Moore, they chat a little, then Moore goes inside the bus.
But Moore never gets off the bus.
What about the girl? She doesn't, either.
The next person we see get on the bus is Drake at 12:45 accompanied by two more girls and a guy with a camera.
They all go inside the bus together and that's when they found Moore DOA.
So our mystery girl killed Hudson Moore.
And Chris Drake knows who she is.
Well, he's lawyered up.
That bodyguard lied to us.
Let's make sure he doesn't lie to us again.
Can I see it one more time? Yeah.
Deon, you lied to us.
Take another look.
I didn't lie to you guys.
I don't remember Drake leaving the party or being near the bus.
We find that real convenient.
It was a busy night! Look, man, if I find out you can put a name to this face and you didn't say anything, that's hindering prosecution, and that's your ass.
I don't remember any girl, all right? Look, we know Drake is your meal ticket, okay, so what do we gotta do? Play footsie? Twenty Questions? I'm still not gonna remember the girl.
Was she on a guest list? Look, the guys, they need to be on the guest list.
Girls It's up to the discretion of the guy at the door.
She gets in if she's slutty? Photogenic.
There's video cameras everywhere during these parties.
Which means that any girl at this party could be in these videos, right? Our motto is, "The drinks cost nothin', but they're not for free.
" So everybody has to sign a release from, right? Why didn't you just tell us that before? Because without a subpoena, I can't! It would be my ass! Drake would have my job.
It's a hell of a job you're tryin' to hold on to, bro.
Sorry, there were a lot of girls at that shindig.
Sweetheart, that is you behind the bar.
Yeah, but Well, from this video footage, it looked like your conversation lasted a lot longer than a drink order.
Like she was asking how to get in the VIP? We don't know, you tell us! That's the only other conversation I had at the party.
It was drink orders, or "How do I get near Chris Drake?" Okay, how many times did that happen? At least five times.
Did any of them mention the name Hudson Moore? No, they just said Chris Drake.
You know what? Why don't you stop and think a second, okay? Nicole.
One was Nicole.
She gave me 50 bucks and she was a blonde.
Thank you.
I'm getting depressed.
Three hundred girls dying to flash for a second of fame.
Hey, any more Nicole's over there? No.
Just those three.
I mean, don't they get it? The video is forever.
(LAUGHS) So is anonymity and boredom if you're a teenager from Queens or Yonkers, or I'm from Queens, I never had the urge to strip on camera, much less kill a guy! Yeah? Uh, great.
Thanks.
Any of those Nicoles have a record? Nope.
No prints in the system.
Fantastic.
Yeah, I got on camera.
At least I think so.
I hope so, anyway.
Guess I'll have to buy the DVD and find out.
So you were really trashed? Well, that's their MO.
They get you bombed so you'll show your stuff, or worse.
Worse how? Well, have you seen the tapes? Yeah.
It's pretty tame.
They're getting more into serious hardcore.
A friend of mine got on the bus at a Fort Lauderdale party last month? It was like toys, three-ways, the whole shebang, so to speak.
But I just lifted my shirt.
Or so you think.
(GIGGLING) Oh, my gosh, this is, like, the most hilarious thing ever.
Oh.
yeah? Did you get on that party bus that night? No, but I would've.
Did you talk to Chris Drake or Hudson Moore? I actually spent most of the time in the corner barfing at the party, 'cause they were passing out those Jell-O Shots.
You know, I'd actually prefer not to give you my fingerprints if I don't have to.
Well, it's just so we can rule you out.
But won't they go into a file or something? Does that worry you? No, I just Maybe I'm being paranoid.
I'm taking this sociology class, and we've just gone over all the ways that the government watches us, so I'd just rather not.
Okay? Okay, but you were at that party the other night, right? Mmm-hmm.
So did you go to the VIP room, see Chris Drake, Hudson Moore? No.
ED: You ever met those dudes before? No.
No? I just thought it would be fun.
The party, I mean.
Okay.
Well, if you think of anything else that could help.
Oh, sorry, gave you two.
Thanks.
That was slick, let's get it to the lab.
That's her! Nicole Flynn? The one who I saw flirting with Hudson at Catalyst last week.
You think she killed him? Any reason she might have? I just made her out for awannabe.
Meaning? Like a loser.
But I've seen this jealousy thing happen with people who try to get in with us.
Get in with who? The club kids.
And the wealthy.
It's, like, "She's cute, but not hot, "so a guy with a few drinks in him will sleep with her.
" What? ED: Nina Nicole Flynn's prints match.
She was the girl on the bus.
Thank you.
What the hell is this about? Sir, please step back.
Step back, please! What'd she do? She's a student, works two jobs to put herself through school, what could she have done? CASSADY: Nicole Flynn, you're under arrest for the murder of Hudson Moore.
You have the right to remain silent.
(SOBBING) I'm sorry, Mom.
Listen, Nicole, don't say another word.
Anything you say can and will be used against you.
And you can't talk to her unless you have an attorney! Please let us do ourjob.
I know that for a fact! I said step back! CASSADY: now or during any future questioning.
If you cannot afford one, one will be provided for you.
"Docket number 0241573.
âPeople v.
Nicole Flynn, "charge is Murder in the Second Degree.
" How does the Defendant plead? Not guilty.
Bail? People request one million dollars.
Your Honor, my client was born and raised in New York, is ajunior at Queens College, works part-time at New York Savings and Loan, lives with her parents I get it, Mr.
Sugarman, she's not a flight risk.
Anything else? Yes, she's innocent.
You don't say.
Bail is set at 500,000.
We need to talk about this one, Connie.
We're always willing to listen, you know that.
We were in Panama City on spring break.
Partying, having fun.
Until Chris Drake showed up and convinced me to take my clothes off.
And do some very stupid things.
Like what? She danced naked for the camera, talked suggestively.
How does this relate to Hudson Moore's death? When I got back to New York, I tried to get the tape back.
I didn't want my parents to see it.
TheyWeâ.
They're real proud Irish Catholic, you know.
Nicole called Chris Drake about a hundred times, but no one from B.
B.
B responded, so she started looking for him herself at bars, parties.
After two weeks she tracked him down at Catalyst.
Asked him for the tape back in person.
What did he say? Sure.
For 10 grand.
But I could only come up with, like, 900.
Tell us about the night of the murder.
I crashed his party.
And I gave him the $900.
But he said, "No way, the price is 10 grand.
" Unless I had sex with him.
And you agreed.
Yeah.
So we left the bar and went back to his stupid party bus.
What happened on the bus? I started undressing.
He started kissing me.
And I couldn't stand it.
He's just so disgusting.
So I told him to stop.
But he kept going.
And I tried to push him away, but he pinned me down.
Did you have intercourse? Yeah.
And then what happened? He told me that he wasn't finished.
That for 10 grand, I had to stay put for another hour.
And then he left.
And a few minutes later, Hudson walked in.
He started touching me, (SIGHING) and I told him to stop.
But he wouldn't.
He said that Chris said it was okay.
And he undid his pants, and I grabbed the champagne bottle, and I hit him in the head.
Nicole Flynn claims you raped her.
Minutes before she killed Hudson Moore.
You've gotta be kidding me.
Rape? CONNIE: You seem surprised.
Yeah, I'm shocked! Were you shocked when Marilyn Farr accused you? How about Angie Gifford? Or Sara Lord? Or Maureen Kagan? Rape allegations seem to follow you around, Mr.
Drake.
SWAIN: First off, any and all charges were dismissed over three years ago.
Second, what Nicole Flynn says means absolutely nothing! She's a murderer! Did you have sex with Nicole Flynn the night of the murder? Yes.
Why'd you lie to the police? I Don't answer that.
We're done cooperating.
Just trying to prep my key witness, Mr.
Swain, make sure he stands up under cross.
Witness? (SCOFFS) No, you must be mistaken.
Mr.
Drake's invoking his Fifth Amendment right to keep his mouth shut.
(DOOR CLOSING) You ask me, Nicole's starting to look better and better.
Talk to her friends, see if you can validate her story.
Nicole felt horrible about that tape.
She couldn't sleep.
Did she tell her parents? (LAUGHS) Her parents? God, no! They're, like, super-strict.
That's why she was so freaked out.
Does Nicole date a lot? Are you trying to figure out if she's a slut? No, we're trying to figure out if she's honest.
Just because she got drunk in Florida one night and took her clothes off, doesn't mean she's a liar.
Or that she deserved to get raped.
We know that.
Doesn't sound that way.
Look, sweetie, yourffiend killed someone, a guy is dead.
We have to ask questions about her personal life, her family life.
Listen, the truth is, we're trying to help her, not hurt her.
We just We wanna understand what kind of person she is.
What kind of person she is? Smart, hardworking, up to her eyeballs in student loans, looking to get the hell out of Queens.
But most importantly, she's the most honest person I ever met.
If she says Drake raped her, he raped her.
I've talked to her family and her friends and her professors.
Her story's pretty much the same.
She's a good kid.
A good kid who buried a bottle of champagne in Hudson Moore's head.
That's after Chris Drake raped her and moments before she thought Hudson Moore was gonna do the same thing.
According to her.
It's either her story or Chris Drake's.
Pick your horse.
We still need some actual proof that she's tellin' the truth.
And not just a bunch of testimonials from her friends and family.
Security video.
It shows Moore talking to Drake minutes before he was killed.
I thought there was no audio.
There isn't.
But we had the video blown up and sent over to an FBI speech expert for analysis.
"Chris Drake: I got an early B-day present for you, bro.
"She's in the bedroom right now.
Good to go.
"Hudson Moore: She hot? "Chris Drake: Seven and three-eighths, "but she has a great ass.
And likes it rough.
"Just make sure she's gone in an hour.
" (sum-nus) So now what? Plead out Nicole Flynn to Man Two and go after Mr.
Babes Being Bad.
Jack.
Someone has to pay for Hudson Moore's death! I appreciate your resolve, but it sounds like we're swinging for the fences here.
And with a mighty small bat.
Hudson Moore's death is the proximate and foreseeable result of Nicole Flynn's rape.
Jack, do you really think you can prove felony-murder here or are you just trying to make an example out of this punk? I've been doing this too long to get emotional about the facts.
(LAUGHING) Yeah, right.
CHRIS: It's pretty good.
How much? MAN: Six thousand a case.
I'll give you but I need it by next week.
I'm throwing a dinner party for You can forget about your little party, Chris.
Oh, what the hell are you guys doing here? Get up.
Arresting your punk ass.
What? For what? The rape of Nicole Flynn and the murder of Hudson Moore.
Murder? What the hell are you guys talking about? You have the right to remain silent.
Anything you say can be used against you in a court of law.
Your Honor, Hudson Moore's death was a separate and distinct incident.
It had nothing to do with Chris Drake, he wasn't even on the bus when he was killed! It doesn't matter, because the rape, the underlying felony, was still ongoing, since Drake told Miss Flynn to stay on the bus for another hour.
So Mr.
Drake was supposed to anticipate that Nicole Flynn would bash in Hudson Moore's skull with a champagne bottle? Foreseeabilty does not require that the result be the most likely outcome, only that it be reasonably foreseeable.
People v.
Kibbe.
Even if Chris Drake did rape Nicole Flynn, so what? He didn't kill Hudson Moore! It doesn't matter who kills the victim as long as it's connected to the felony.
People v.
Hernandez.
And you believe it's connected? Chris Drake raped Nicole Flynn.
That incident triggered a series of events that ultimately resulted in Hudson Moore's death.
That is the very point of the felony-murder doctrine.
To punish those who commit egregious felonies that result in death, even when death was not contemplated at the inception of the egregious felony.
SWAIN: Mr.
McCoy is trying to stretch the felony-murder rule to an illogical and unconstitutional conclusion.
Whether he is or he isn't, it seems to me that this is a matter for the jury, not for me.
Which means that your motion to dismiss is denied, Mr.
Swain.
JACK: How many times did you say "stop"? Five times.
And did he stop? No.
Itried to push him away, but he pinned me down.
Grabbed my arms.
What happened after the sex was over? He told me not to move.
That he wasn't finished with me yet.
Then what? Uh A few minutes later Hudson Moore walked in.
He started touching me, telling me how pretty I looked.
Then he unbuttoned his pants.
And I hit him with the bottle.
Why did you strike him? Because he was going to rape me.
Nothing further.
Your Honor, I'd like to play this video for the jury.
It's Defense Exhibit 24.
Babes Being Bad footage of Nicole Flynn shot in Panama City.
Objection, she's protected by the New York rape shield law.
The video constitutes prior sexual conduct between Miss Flynn and the defendant.
Your Honor, may we approach? The video has nothing to do with the central issue of this trial, consent.
Whether Miss Flynn took her clothes off in Panama City has nothing to do with whether she had consensual sex with Mr.
Drake three weeks later in Manhattan! In the video, Miss Flynn, while naked, talks seductively to Chris Drake.
Talk does not constitute sexual contact! Miss Flynn was merely playing for the camera, giving Mr.
Drake what he wanted.
Meaningless titillating banter.
Shouldn't we let the jury decide that, Your Honor? (NICOLE GIGGLING) CHRIS: It's spring break, what's the point of being shy? (GIGGLING) Okay.
Okay, okay, okay.
That's it, show us what you got! (SCREAMS) (LAUGHING) That's all right! That's what I'm talkin' about! NICOLE: Oh, my God! I can't believe I did that! All right, I wanna see it all, baby! Come on! Come on, come on, now the rest, I wanna see it all.
Come on.
Yeah.
Yeah, that's it, baby.
(NICOLE GIGGLING) Oh, nasty.
That's it, You're nasty, just a little bit.
(BOTH LAUGHING) Yeah So, uh, tell me, what What would you do right now if we were all alone on my private jet? If we were all alone, I would be your naughty little freak toy.
Is that right? Mmm-hmm.
Your Honor, please instruct Defense to turn off the TV.
Mr.
Swain No one forced you into performing for Mr.
Drake that evening, correct? No, but I was drunk.
So when you drink, you become sexually adventurous, is that your point? No, I For some reason that night, I Yes, I felt adventurous.
The night Hudson Moore was killed, you agreed to leave with Chris Drake? Yes.
You agreed to have sex with him? Yes, at first, but only in exchange for not releasing that video.
So not only did you consent to having sex with him, but you were actually compensated for it, like Like a prostitute.
Objection! Sustained.
Nothing further.
SWAIN: Did you have sex with Nicole Flynn the night, your friend Hudson Moore was killed? Yes.
She agreed to this? Yes.
You're positive? Absolutely.
She even signed a sex consent form.
Your Honor, I would like to offer into evidence Defense Exhibit 43, a sexual consent form signed Miss Nicole Flynn the night Hudson Moore was killed.
Your Honor, this should have been turned over at reciprocal discovery.
Its introduction now is unethical and an unfair surprise! JUDGE WARING: I don't disagree.
I'm not going to deny Mr.
Drake his defense.
I don't see any prejudice if the Defense hands it over now.
Do you usually ask women to sign a consent form? Yes.
Why? To protect myself from women trying to invent stories the morning after.
Did Nicole Flynn understand what the agreement was all about? Yes.
After she read it, she smiled and said, "I'm pretty sure I've never signed a contract to screw somebody before.
" Did she ever say no or tell you to stop? Of course not.
If she did, I I would have stopped.
Nothing further.
Why did you lie to the police about having slept with Nicole Flynn? I didn't lie, I just didn't remember.
I lead an unusual life.
I have an unusual job.
I travel from city to city, throwing parties for young women, and as a consequence, and given my wealth and notoriety, I meet lots of women.
And have sex with lots of women? Yes.
JACK: And they all sign consent forms? Yes.
Help me out here, Mr.
Drake.
Why would an honest man ask a woman to sign a consent form prior to having sex with her? (CLEARING THROAT) Two words.
Kobe Bryant.
That's why you started using consent forms? Kobe Bryant? I knew then and there that I'd need protection from women trying to shake me down the morning after.
It also lets you get away with rape if the woman changes her mind after signing the consent form.
Objection! Sustained.
How could you forget signing a sexual consent form? Well, I I thought it was for the video stuff, I didn't Did you read it? No, I just wanted to get in and out of there as fast as possible, I wasn't thinking straight, the whole thing was so gross, I All right, Nicole, thank you, that will be all.
I didn't mean to screw up your case! I swear to God! It's okay.
Go through Drake's sexual consent forms.
See if any of them were signed before July 4th, 2003.
The date Kobe Bryant was arrested for rape.
The date Drake claims he had his sexual consent form epiphany.
Did you have any luck? There were 73 sexual consent forms dated prior to July 4th, 2003.
At least we can prove he's a liar.
We might be able to do more than that.
What do you mean? Cheryl Perkins.
She's one of the girls.
She killed herself two years ago.
How does that help our case? The day she died she told her mother, "Chris Drake ruined my life.
" Is this the document your daughter, Cheryl, left you on October 24th, 2004? The day that she killed herself? Yes.
Let the record reflect that Miss Perkins has identified People's Exhibit 54, a sexual consent form entered into by her daughter, Cheryl Perkins with the defendant, dated May 12th, 2003.
How old was your daughter when she signed this? Sixteen.
Why did she leave you the consent form? That's the reason she killed herself.
Objection! I'll rephrase.
Where did she leave the consent form? On her desk, next to the suicide note.
Was that the first you'd heard of Chris Drake? No, unfortunately.
Please elaborate.
Five months before, she told me that Chris Drake raped her after a party.
Objection! This is pure hearsay! The prompt outcry of a sexual assault victim is presumptively reliable and a well-founded exception to the hearsay rule, YourHonoL People v.
McDaniel.
Please approach.
I'm going to allow Miss Perkins to testify about the conversation with her daughter pertaining to the alleged rape.
She can't discuss the content of the suicide note or the fact that Chris Drake's name appears in it.
Even so, Your Honor, the prejudicial effect far outweighs the probative.
It's coming in.
Please, no more objections.
JACK: Mrs.
Perkins? Cheryl got drunk at one of those B.
B.
B parties and took her top off for some guy with a camera.
Later on, she tried to get the tape back, but Drake said no.
Unless she had sex with him.
So she agreed to have sex in exchange for the tape? Yeah.
But she changed her mind.
Except Drake didn't care, he said, "A deal's a deal" pushed her down on the bed and had his way with her.
Did you tell her to call the police? Yes, of course.
But she said no one would believe her because she took money from Drake's lawyer and signed a contract saying it was okay to have sex with him.
Did your daughter ever mention the rape or Chris Drake again? Yes, once.
She said that I didn't know what she meant at the time.
Butshe said, "it's bad enough being raped, "but when you let someone buy his way out for $2,000 "you're more worthless than he is.
" When did Cheryl tell you this? (SOBBING) Twenty minutes before she hanged herself.
SWAIN: Despite the grieving mother's virtuoso performance, the jury's not gonna believe aword out of Nicole Flynn's mouth.
You know it and I know it.
We're talking about a girl who took her clothes off on camera and talked about being a naughty tramp.
Not to mention the fact that she signed a sexual consent form.
And even if they do believe her story, they will never convict on felony-murder, despite all of the compelling legal mumbo-jumbo about causality and foreseeability.
Bottom line is, Nicole Flynn killed Hudson Moore, not Chris Drake.
Rape, 5-to-15, I'll dismiss the murder charge.
Five years? (SCOFFS) Are you crazy? I'm not a criminal, man! I'm just a businessman, an entrepreneur.
I was just in Forbes Magazine last month, I've got two jets, three houses, a 75-foot yacht I can't go to jail.
Not for screwing some party girl from Queens who decided to go ghetto and kill my friend! If we go to verdict and get a conviction, I plan to ask for 25-to-life.
Why do you hate me? Huh? Is it 'cause I'm rich? Is it 'cause people love my videos? Or is it 'cause I screw hundreds and thousands of girls? I couldn't care less about any of that! Then what is it? Tell me! You know, girls have been getting drunk and taking their clothes off since forever.
I'm just the first guy smart enough to film it.
That doesn't make me a killer! No, raping Nicole Flynn does! She signed a consent form! Got naked and jumped into bed with me! How in God's name does that make me a murderer? You've had quite a run for someone so young.
Exploiting unsuspecting college kids.
Taking advantage of their youth, their innocence, their vulnerability.
And if they change their minds, to hell with them! "A release is a release.
"Like it or not, the world is going to see you naked.
"Unless you pay me or screw me.
" That's a lot of heartache.
A lot of ruined lives.
And no one could touch you.
But now, you are directly responsible for a death! And I intend to make you pay for that! Am I happy? Yes! But it's a side benefit.
Jury's back.
Five-to-15, or roll the dice on 25.
It's your call.
Go to hell.
You know what? I'm walking, McCoy.
You know why? 'Cause somebody on that jury watches my videos and loves what I do.
Has the jury come to averdict? We have, Your Honor.
JUDGE WARING: On the charge of rape, how do you find? We find the defendant guilty.
JUDGE WARING: On the charge of felony-murder, how do you find? Guilty.
Thank you.
Jury is dismissed.
You can't do this to me, all right? I'm not a murderer, I didn't hurt anyone! Wait! Please, I beg you, please don't send me to jail! (SOBBING) Please! Please, I beg you! No! Please! Do you think the jury convicted him for what he did to Nicole Flynn or the 16-year-old girl who killed herself? I don't know.
Do you care?
These are their stories.
(CLUB MUSIC PLAYING) (PEOPLE CHEERING) (LOUD CHATTERING) (WHOOPING) CHRIS: Yeah! Let's see what you got! Oh, that's just special.
(CHUCKLING) What you got underneath those shirts, ladies? (ALL CHEERING) You got something under there you wanna show me? You girls ready for me? I'm ready to be the baddest babe at this party! Whoo! You gonna take that smack from her? No! (GIRLS LAUGHING) All right.
We're gonna get so naked for you! Yeah, we are! Hang on, hang on, hang on.
Show me you're serious.
Make out for me.
Okay! Okay! Oh! I think these babes are ready to get very, very bad! (BOTH LAUGHING) Let's go, let's go in.
(GIRLS HOOTING) This is amazing! Hey, Chris! Hey, Chris, you want a little taste? Mmm Hell, no, I'm goin' first! Aw, now, ladies, ladies, fair is fair.
Mmm-hmm? Both at the same time.
Ooh! (ALL LAUGHING) It's all yours, baby.
Ready? Ready.
One, two One, two (GIRLS WHOOPING) Dude! What the hell is that? GIRL: Oh, my God.
All right, cut the tape.
Cut the Cut the tape! DOA's Hudson Moore, 26.
I know that name.
He spouts off in the tabloids a lot.
Mmm.
You can say what you like when you have five billion in family money.
"Babes Being Bad.
" Is this his operation? Yeah, apparently Mr.
Moore just came to the party to catch up on his bare breast quofient That's who owns it, Chris Drake.
He called it in.
I'll take the body.
Mr.
Drake? I got it.
Detective Green.
What a nightmare.
You two were friends? Yeah.
Do you know of anybody that would want to hurt him? No, I I don't know.
Anybody get unruly at your party tonight? You get out of line, you get tossed.
Okay, did anybody get tossed tonight? No.
And I'd have known, I I keep a close watch.
I'm still gonna need to talk to your security guards.
I'm telling you, I would've known.
This isn't a frat party.
This is a multimillion-dollar business! Yeah and there's a dead man in the middle of it, so if I need to speak to your security guards, I'm going to, all right? Yeah, yeah, yeah.
All yours.
Thanks.
Murder weapon.
Well Somebody went to town on Mr.
Moore.
And left out the window.
Detectives, take a look at this.
There's a partial bloody print on the sill.
How much do you think this punk, Drake makes getting these girls to expose themselves? I don't know, but I hear it's a lot.
And look what they get in return.
Hot pants.
Well, hot pants? Dignity? Add booze to the mix, look where you end up.
So where's Latent with the murder weapon? No usable prints on the bottle, and the ones off the window frame aren't in the system.
And we talked to all of security, nobody saw Hudson Moore leave that party or get on the bus.
What about the partygoers? Ten girls said they talked to Hudson Moore or were so hammered they imagined they did.
None remember seeing him leave, though a few do recall being groped by him.
So this kid's a class act.
Yeah, at a class party.
Any specific enemies? None yet.
But the tabloids eat him up for his nasty mouth.
Spouts off about his money, rags on his famous ex-girlfriends.
He has a current girlfriend? Changes 'em like socks.
Ugh.
I'm so glad I didn't have daughters.
Hey, a dump from Hudson Moore's cell phone shows that his last call was from a Bryce Moore.
I think that's his older brother.
It is, listen, he left a voice message, "Duck me as long as you like, "but someday you will have to answer for your actions.
" Huh.
Go see if Bryce was at the party last night and see how he's taking his brother's death.
Forgive me, we're all devastated.
Of course.
Our records show that you called your brother at around 11:15? Yes, okay, I remember.
What did you mean by "Answer for his actions"? What had he done? Have you ever heard the name Hepplewhite? Yeah, seen it on a box of crackers.
Old family, old money.
Hudson and I grew up with the grandson, Paul, who somehow stumbled onto the notion that he's a documentarian.
His first film is titled Idle Hands.
Right.
About rich people.
Heirs.
My brother let them follow him around for three days.
Embarrassed himself, us.
When was the last time you saw your brother, Mr.
Moore? Six weeks ago.
Can you account for your whereabouts last night? I was at a charity auction for The Sons of the Civil War.
Until 11:30.
And you have got a hell of a nerve.
Accusing me of killing my brother.
I haven't accused you of anything yet.
Was there anything unusual going on in his life lately? His most recent trauma was Samantha Beresford breaking up with him.
We haven't seen that name associated with him.
Because she's from a good family.
Who knows how to keep their name out of the paper.
Now are we through? We were together six months.
Then Hudson insulted my friend in the press.
That killed it.
When was the last time you saw him? Last week, at Catalyst.
How was he behaving that night? Anything on his mind, family issues? 'Cause of the documentary? He couldn't have cared less.
He was just Hudson, drunk party boy.
Flirty.
Another reason we broke up.
Did something happen that night? He got to talking with some little B and T ho.
CASSADY: She a friend of his? Never.
She was pure country.
I thought she came with Chris Drake, like he brought her as a "screw you" to me.
To make me jealous.
Me and Chris were together for 10 minutes before I hooked up with Hudson.
So there was some kind of love triangle between you, Chris, and Hudson? Not according to me.
I couldn't take Chris seriously.
Why not? Porn money? My grandmother would not dig that.
I broke it off early.
How did Chris take it? Not so great.
Sendin' her four emails a day, voicemails, text messages, flowers.
So what? She's cute.
You're up to your neck in cute.
She's old money.
Yeah? And I'm new money.
It all spends the same, really.
Not according to Samantha Beresford.
(SIGHING) There's no love triangle.
Was she workin' me a little? Sure.
But she wasn't involved with Hudson anymore, and he didn't care about Samantha anyway.
The guy didn't care about anybody.
So Why'd you hang out with him? For his money.
See, I wanna buy my distributor, and I wanted him to front me.
You don't have your own money? Two most important rules of business.
You ready? Takin' notes? One, never take no for an answer.
Two, never use your own money.
First question in detective work, you ready? Where were you when Hudson Moore was killed? Inside at the party, working.
Question two, who can back that up? My bodyguard, Deon.
When I'm workin' a party, never leaves my side.
ED: The bodyguard backs up Drake.
He said he was at that party all night long, didn't go near that bus 'til they found the body.
Well, how long has this bodyguard been on the payroll? Since the beginning, four years.
Mmm-hmm.
Yeah, I got the same thing.
But, Drake's got a zillion dollars in the bank, he got line of women up to his door, would he murder over a woman? Well, it wouldn't be the first time a man's killed over a woman, especially when that woman can elevate his status.
Hey, we got somebody to talk to over at Rikers.
Richard "The Bomb" Condell.
A music producer, runs in their circle.
What was the collar? Did a hand-to-hand with undercover from Bronx narcotics.
Cocaine.
He had a watch in his pocket, and the inscription on the back said, "Hudson, Happy 21st Birthday, Love, Dad.
" Also had drink tickets on him from the B.
B.
B party.
Was Hudson Moore wearing a watch when he died? Wasn't on the body.
Go to Rikers.
I didn't take his watch! I went to the party to return it to him! And how'd you get it in the first place? He used to date my girlfriend Tara.
He gave it to her.
But when they broke up, he insulted her in the press, so she wanted to throw it in the East River.
I said, "Let's give it back.
" You could've just mailed it.
It's a hundred thousand-dollar Patek Phillippe.
Richard You want us to help you or not? Ask Chris Drake.
He got me thrown out of the party.
He was with Hudson when I tried to talk to him.
Well, when was this? Chris and Hudson were talkin' to some girl, I came out of the party, was, like, "Hey, douche bag," and then Drake radioed for a bouncer to boot me.
You saw them talking outside that party bus at 10:00? Right! Who's the girl? I don't know, just some chick at the party! Well, what did she look like? Uh, white, uh, blonde hair Young, cute.
Like all of 'em.
I'd like to know why the hell you believe The Bomb over me.
Because The Bomb's timeline actually checks out.
When Hudson Moore died, The Bomb was tryin' to buy coke.
We talked to his dealers.
And he was very honest.
Unlike yourself.
Now why did you tell me you weren't anywhere near the bus that night? Come on, man, my friend had just gotten killed, I wasn't thinking straight, okay? Your emails to Samantha Beresford.
Oh, please.
This is a waste of time.
Sit down! I ain't playin' with you, sit down.
"Hudson screws anything that moves.
"Why don't you spend time with someone who respects you?" That may prove that I'm a sap, but not that I had anything to do with Hudson being killed.
It's called motive.
And if we have an eyewitness that saw you at that party bus, that's called opportunity.
CASSADY: No one is sayin' this is premeditated, Chris.
Spur of the moment, things got outta hand.
No, wrong! Have anything to do with that girl you were with? (LAUGHING) Buddy, there were Sorry if I can't remember all of them.
I'm done talking, I want my lawyer.
ED: Good, it's out of our hands.
I want my lawyer right now! (ED slsl-ls) Bad news.
Oh, for us or him? You.
Come on.
We searched all the video from the party for footage that featured the bus.
This is from an exterior surveillance camera.
So, at 10:45, Chris Drake unlocks the party bus and gets on, followed by a girl.
And nothing happens for 12 minutes.
Then Drake gets off, shakes hands with his friend, Hudson Moore, they chat a little, then Moore goes inside the bus.
But Moore never gets off the bus.
What about the girl? She doesn't, either.
The next person we see get on the bus is Drake at 12:45 accompanied by two more girls and a guy with a camera.
They all go inside the bus together and that's when they found Moore DOA.
So our mystery girl killed Hudson Moore.
And Chris Drake knows who she is.
Well, he's lawyered up.
That bodyguard lied to us.
Let's make sure he doesn't lie to us again.
Can I see it one more time? Yeah.
Deon, you lied to us.
Take another look.
I didn't lie to you guys.
I don't remember Drake leaving the party or being near the bus.
We find that real convenient.
It was a busy night! Look, man, if I find out you can put a name to this face and you didn't say anything, that's hindering prosecution, and that's your ass.
I don't remember any girl, all right? Look, we know Drake is your meal ticket, okay, so what do we gotta do? Play footsie? Twenty Questions? I'm still not gonna remember the girl.
Was she on a guest list? Look, the guys, they need to be on the guest list.
Girls It's up to the discretion of the guy at the door.
She gets in if she's slutty? Photogenic.
There's video cameras everywhere during these parties.
Which means that any girl at this party could be in these videos, right? Our motto is, "The drinks cost nothin', but they're not for free.
" So everybody has to sign a release from, right? Why didn't you just tell us that before? Because without a subpoena, I can't! It would be my ass! Drake would have my job.
It's a hell of a job you're tryin' to hold on to, bro.
Sorry, there were a lot of girls at that shindig.
Sweetheart, that is you behind the bar.
Yeah, but Well, from this video footage, it looked like your conversation lasted a lot longer than a drink order.
Like she was asking how to get in the VIP? We don't know, you tell us! That's the only other conversation I had at the party.
It was drink orders, or "How do I get near Chris Drake?" Okay, how many times did that happen? At least five times.
Did any of them mention the name Hudson Moore? No, they just said Chris Drake.
You know what? Why don't you stop and think a second, okay? Nicole.
One was Nicole.
She gave me 50 bucks and she was a blonde.
Thank you.
I'm getting depressed.
Three hundred girls dying to flash for a second of fame.
Hey, any more Nicole's over there? No.
Just those three.
I mean, don't they get it? The video is forever.
(LAUGHS) So is anonymity and boredom if you're a teenager from Queens or Yonkers, or I'm from Queens, I never had the urge to strip on camera, much less kill a guy! Yeah? Uh, great.
Thanks.
Any of those Nicoles have a record? Nope.
No prints in the system.
Fantastic.
Yeah, I got on camera.
At least I think so.
I hope so, anyway.
Guess I'll have to buy the DVD and find out.
So you were really trashed? Well, that's their MO.
They get you bombed so you'll show your stuff, or worse.
Worse how? Well, have you seen the tapes? Yeah.
It's pretty tame.
They're getting more into serious hardcore.
A friend of mine got on the bus at a Fort Lauderdale party last month? It was like toys, three-ways, the whole shebang, so to speak.
But I just lifted my shirt.
Or so you think.
(GIGGLING) Oh, my gosh, this is, like, the most hilarious thing ever.
Oh.
yeah? Did you get on that party bus that night? No, but I would've.
Did you talk to Chris Drake or Hudson Moore? I actually spent most of the time in the corner barfing at the party, 'cause they were passing out those Jell-O Shots.
You know, I'd actually prefer not to give you my fingerprints if I don't have to.
Well, it's just so we can rule you out.
But won't they go into a file or something? Does that worry you? No, I just Maybe I'm being paranoid.
I'm taking this sociology class, and we've just gone over all the ways that the government watches us, so I'd just rather not.
Okay? Okay, but you were at that party the other night, right? Mmm-hmm.
So did you go to the VIP room, see Chris Drake, Hudson Moore? No.
ED: You ever met those dudes before? No.
No? I just thought it would be fun.
The party, I mean.
Okay.
Well, if you think of anything else that could help.
Oh, sorry, gave you two.
Thanks.
That was slick, let's get it to the lab.
That's her! Nicole Flynn? The one who I saw flirting with Hudson at Catalyst last week.
You think she killed him? Any reason she might have? I just made her out for awannabe.
Meaning? Like a loser.
But I've seen this jealousy thing happen with people who try to get in with us.
Get in with who? The club kids.
And the wealthy.
It's, like, "She's cute, but not hot, "so a guy with a few drinks in him will sleep with her.
" What? ED: Nina Nicole Flynn's prints match.
She was the girl on the bus.
Thank you.
What the hell is this about? Sir, please step back.
Step back, please! What'd she do? She's a student, works two jobs to put herself through school, what could she have done? CASSADY: Nicole Flynn, you're under arrest for the murder of Hudson Moore.
You have the right to remain silent.
(SOBBING) I'm sorry, Mom.
Listen, Nicole, don't say another word.
Anything you say can and will be used against you.
And you can't talk to her unless you have an attorney! Please let us do ourjob.
I know that for a fact! I said step back! CASSADY: now or during any future questioning.
If you cannot afford one, one will be provided for you.
"Docket number 0241573.
âPeople v.
Nicole Flynn, "charge is Murder in the Second Degree.
" How does the Defendant plead? Not guilty.
Bail? People request one million dollars.
Your Honor, my client was born and raised in New York, is ajunior at Queens College, works part-time at New York Savings and Loan, lives with her parents I get it, Mr.
Sugarman, she's not a flight risk.
Anything else? Yes, she's innocent.
You don't say.
Bail is set at 500,000.
We need to talk about this one, Connie.
We're always willing to listen, you know that.
We were in Panama City on spring break.
Partying, having fun.
Until Chris Drake showed up and convinced me to take my clothes off.
And do some very stupid things.
Like what? She danced naked for the camera, talked suggestively.
How does this relate to Hudson Moore's death? When I got back to New York, I tried to get the tape back.
I didn't want my parents to see it.
TheyWeâ.
They're real proud Irish Catholic, you know.
Nicole called Chris Drake about a hundred times, but no one from B.
B.
B responded, so she started looking for him herself at bars, parties.
After two weeks she tracked him down at Catalyst.
Asked him for the tape back in person.
What did he say? Sure.
For 10 grand.
But I could only come up with, like, 900.
Tell us about the night of the murder.
I crashed his party.
And I gave him the $900.
But he said, "No way, the price is 10 grand.
" Unless I had sex with him.
And you agreed.
Yeah.
So we left the bar and went back to his stupid party bus.
What happened on the bus? I started undressing.
He started kissing me.
And I couldn't stand it.
He's just so disgusting.
So I told him to stop.
But he kept going.
And I tried to push him away, but he pinned me down.
Did you have intercourse? Yeah.
And then what happened? He told me that he wasn't finished.
That for 10 grand, I had to stay put for another hour.
And then he left.
And a few minutes later, Hudson walked in.
He started touching me, (SIGHING) and I told him to stop.
But he wouldn't.
He said that Chris said it was okay.
And he undid his pants, and I grabbed the champagne bottle, and I hit him in the head.
Nicole Flynn claims you raped her.
Minutes before she killed Hudson Moore.
You've gotta be kidding me.
Rape? CONNIE: You seem surprised.
Yeah, I'm shocked! Were you shocked when Marilyn Farr accused you? How about Angie Gifford? Or Sara Lord? Or Maureen Kagan? Rape allegations seem to follow you around, Mr.
Drake.
SWAIN: First off, any and all charges were dismissed over three years ago.
Second, what Nicole Flynn says means absolutely nothing! She's a murderer! Did you have sex with Nicole Flynn the night of the murder? Yes.
Why'd you lie to the police? I Don't answer that.
We're done cooperating.
Just trying to prep my key witness, Mr.
Swain, make sure he stands up under cross.
Witness? (SCOFFS) No, you must be mistaken.
Mr.
Drake's invoking his Fifth Amendment right to keep his mouth shut.
(DOOR CLOSING) You ask me, Nicole's starting to look better and better.
Talk to her friends, see if you can validate her story.
Nicole felt horrible about that tape.
She couldn't sleep.
Did she tell her parents? (LAUGHS) Her parents? God, no! They're, like, super-strict.
That's why she was so freaked out.
Does Nicole date a lot? Are you trying to figure out if she's a slut? No, we're trying to figure out if she's honest.
Just because she got drunk in Florida one night and took her clothes off, doesn't mean she's a liar.
Or that she deserved to get raped.
We know that.
Doesn't sound that way.
Look, sweetie, yourffiend killed someone, a guy is dead.
We have to ask questions about her personal life, her family life.
Listen, the truth is, we're trying to help her, not hurt her.
We just We wanna understand what kind of person she is.
What kind of person she is? Smart, hardworking, up to her eyeballs in student loans, looking to get the hell out of Queens.
But most importantly, she's the most honest person I ever met.
If she says Drake raped her, he raped her.
I've talked to her family and her friends and her professors.
Her story's pretty much the same.
She's a good kid.
A good kid who buried a bottle of champagne in Hudson Moore's head.
That's after Chris Drake raped her and moments before she thought Hudson Moore was gonna do the same thing.
According to her.
It's either her story or Chris Drake's.
Pick your horse.
We still need some actual proof that she's tellin' the truth.
And not just a bunch of testimonials from her friends and family.
Security video.
It shows Moore talking to Drake minutes before he was killed.
I thought there was no audio.
There isn't.
But we had the video blown up and sent over to an FBI speech expert for analysis.
"Chris Drake: I got an early B-day present for you, bro.
"She's in the bedroom right now.
Good to go.
"Hudson Moore: She hot? "Chris Drake: Seven and three-eighths, "but she has a great ass.
And likes it rough.
"Just make sure she's gone in an hour.
" (sum-nus) So now what? Plead out Nicole Flynn to Man Two and go after Mr.
Babes Being Bad.
Jack.
Someone has to pay for Hudson Moore's death! I appreciate your resolve, but it sounds like we're swinging for the fences here.
And with a mighty small bat.
Hudson Moore's death is the proximate and foreseeable result of Nicole Flynn's rape.
Jack, do you really think you can prove felony-murder here or are you just trying to make an example out of this punk? I've been doing this too long to get emotional about the facts.
(LAUGHING) Yeah, right.
CHRIS: It's pretty good.
How much? MAN: Six thousand a case.
I'll give you but I need it by next week.
I'm throwing a dinner party for You can forget about your little party, Chris.
Oh, what the hell are you guys doing here? Get up.
Arresting your punk ass.
What? For what? The rape of Nicole Flynn and the murder of Hudson Moore.
Murder? What the hell are you guys talking about? You have the right to remain silent.
Anything you say can be used against you in a court of law.
Your Honor, Hudson Moore's death was a separate and distinct incident.
It had nothing to do with Chris Drake, he wasn't even on the bus when he was killed! It doesn't matter, because the rape, the underlying felony, was still ongoing, since Drake told Miss Flynn to stay on the bus for another hour.
So Mr.
Drake was supposed to anticipate that Nicole Flynn would bash in Hudson Moore's skull with a champagne bottle? Foreseeabilty does not require that the result be the most likely outcome, only that it be reasonably foreseeable.
People v.
Kibbe.
Even if Chris Drake did rape Nicole Flynn, so what? He didn't kill Hudson Moore! It doesn't matter who kills the victim as long as it's connected to the felony.
People v.
Hernandez.
And you believe it's connected? Chris Drake raped Nicole Flynn.
That incident triggered a series of events that ultimately resulted in Hudson Moore's death.
That is the very point of the felony-murder doctrine.
To punish those who commit egregious felonies that result in death, even when death was not contemplated at the inception of the egregious felony.
SWAIN: Mr.
McCoy is trying to stretch the felony-murder rule to an illogical and unconstitutional conclusion.
Whether he is or he isn't, it seems to me that this is a matter for the jury, not for me.
Which means that your motion to dismiss is denied, Mr.
Swain.
JACK: How many times did you say "stop"? Five times.
And did he stop? No.
Itried to push him away, but he pinned me down.
Grabbed my arms.
What happened after the sex was over? He told me not to move.
That he wasn't finished with me yet.
Then what? Uh A few minutes later Hudson Moore walked in.
He started touching me, telling me how pretty I looked.
Then he unbuttoned his pants.
And I hit him with the bottle.
Why did you strike him? Because he was going to rape me.
Nothing further.
Your Honor, I'd like to play this video for the jury.
It's Defense Exhibit 24.
Babes Being Bad footage of Nicole Flynn shot in Panama City.
Objection, she's protected by the New York rape shield law.
The video constitutes prior sexual conduct between Miss Flynn and the defendant.
Your Honor, may we approach? The video has nothing to do with the central issue of this trial, consent.
Whether Miss Flynn took her clothes off in Panama City has nothing to do with whether she had consensual sex with Mr.
Drake three weeks later in Manhattan! In the video, Miss Flynn, while naked, talks seductively to Chris Drake.
Talk does not constitute sexual contact! Miss Flynn was merely playing for the camera, giving Mr.
Drake what he wanted.
Meaningless titillating banter.
Shouldn't we let the jury decide that, Your Honor? (NICOLE GIGGLING) CHRIS: It's spring break, what's the point of being shy? (GIGGLING) Okay.
Okay, okay, okay.
That's it, show us what you got! (SCREAMS) (LAUGHING) That's all right! That's what I'm talkin' about! NICOLE: Oh, my God! I can't believe I did that! All right, I wanna see it all, baby! Come on! Come on, come on, now the rest, I wanna see it all.
Come on.
Yeah.
Yeah, that's it, baby.
(NICOLE GIGGLING) Oh, nasty.
That's it, You're nasty, just a little bit.
(BOTH LAUGHING) Yeah So, uh, tell me, what What would you do right now if we were all alone on my private jet? If we were all alone, I would be your naughty little freak toy.
Is that right? Mmm-hmm.
Your Honor, please instruct Defense to turn off the TV.
Mr.
Swain No one forced you into performing for Mr.
Drake that evening, correct? No, but I was drunk.
So when you drink, you become sexually adventurous, is that your point? No, I For some reason that night, I Yes, I felt adventurous.
The night Hudson Moore was killed, you agreed to leave with Chris Drake? Yes.
You agreed to have sex with him? Yes, at first, but only in exchange for not releasing that video.
So not only did you consent to having sex with him, but you were actually compensated for it, like Like a prostitute.
Objection! Sustained.
Nothing further.
SWAIN: Did you have sex with Nicole Flynn the night, your friend Hudson Moore was killed? Yes.
She agreed to this? Yes.
You're positive? Absolutely.
She even signed a sex consent form.
Your Honor, I would like to offer into evidence Defense Exhibit 43, a sexual consent form signed Miss Nicole Flynn the night Hudson Moore was killed.
Your Honor, this should have been turned over at reciprocal discovery.
Its introduction now is unethical and an unfair surprise! JUDGE WARING: I don't disagree.
I'm not going to deny Mr.
Drake his defense.
I don't see any prejudice if the Defense hands it over now.
Do you usually ask women to sign a consent form? Yes.
Why? To protect myself from women trying to invent stories the morning after.
Did Nicole Flynn understand what the agreement was all about? Yes.
After she read it, she smiled and said, "I'm pretty sure I've never signed a contract to screw somebody before.
" Did she ever say no or tell you to stop? Of course not.
If she did, I I would have stopped.
Nothing further.
Why did you lie to the police about having slept with Nicole Flynn? I didn't lie, I just didn't remember.
I lead an unusual life.
I have an unusual job.
I travel from city to city, throwing parties for young women, and as a consequence, and given my wealth and notoriety, I meet lots of women.
And have sex with lots of women? Yes.
JACK: And they all sign consent forms? Yes.
Help me out here, Mr.
Drake.
Why would an honest man ask a woman to sign a consent form prior to having sex with her? (CLEARING THROAT) Two words.
Kobe Bryant.
That's why you started using consent forms? Kobe Bryant? I knew then and there that I'd need protection from women trying to shake me down the morning after.
It also lets you get away with rape if the woman changes her mind after signing the consent form.
Objection! Sustained.
How could you forget signing a sexual consent form? Well, I I thought it was for the video stuff, I didn't Did you read it? No, I just wanted to get in and out of there as fast as possible, I wasn't thinking straight, the whole thing was so gross, I All right, Nicole, thank you, that will be all.
I didn't mean to screw up your case! I swear to God! It's okay.
Go through Drake's sexual consent forms.
See if any of them were signed before July 4th, 2003.
The date Kobe Bryant was arrested for rape.
The date Drake claims he had his sexual consent form epiphany.
Did you have any luck? There were 73 sexual consent forms dated prior to July 4th, 2003.
At least we can prove he's a liar.
We might be able to do more than that.
What do you mean? Cheryl Perkins.
She's one of the girls.
She killed herself two years ago.
How does that help our case? The day she died she told her mother, "Chris Drake ruined my life.
" Is this the document your daughter, Cheryl, left you on October 24th, 2004? The day that she killed herself? Yes.
Let the record reflect that Miss Perkins has identified People's Exhibit 54, a sexual consent form entered into by her daughter, Cheryl Perkins with the defendant, dated May 12th, 2003.
How old was your daughter when she signed this? Sixteen.
Why did she leave you the consent form? That's the reason she killed herself.
Objection! I'll rephrase.
Where did she leave the consent form? On her desk, next to the suicide note.
Was that the first you'd heard of Chris Drake? No, unfortunately.
Please elaborate.
Five months before, she told me that Chris Drake raped her after a party.
Objection! This is pure hearsay! The prompt outcry of a sexual assault victim is presumptively reliable and a well-founded exception to the hearsay rule, YourHonoL People v.
McDaniel.
Please approach.
I'm going to allow Miss Perkins to testify about the conversation with her daughter pertaining to the alleged rape.
She can't discuss the content of the suicide note or the fact that Chris Drake's name appears in it.
Even so, Your Honor, the prejudicial effect far outweighs the probative.
It's coming in.
Please, no more objections.
JACK: Mrs.
Perkins? Cheryl got drunk at one of those B.
B.
B parties and took her top off for some guy with a camera.
Later on, she tried to get the tape back, but Drake said no.
Unless she had sex with him.
So she agreed to have sex in exchange for the tape? Yeah.
But she changed her mind.
Except Drake didn't care, he said, "A deal's a deal" pushed her down on the bed and had his way with her.
Did you tell her to call the police? Yes, of course.
But she said no one would believe her because she took money from Drake's lawyer and signed a contract saying it was okay to have sex with him.
Did your daughter ever mention the rape or Chris Drake again? Yes, once.
She said that I didn't know what she meant at the time.
Butshe said, "it's bad enough being raped, "but when you let someone buy his way out for $2,000 "you're more worthless than he is.
" When did Cheryl tell you this? (SOBBING) Twenty minutes before she hanged herself.
SWAIN: Despite the grieving mother's virtuoso performance, the jury's not gonna believe aword out of Nicole Flynn's mouth.
You know it and I know it.
We're talking about a girl who took her clothes off on camera and talked about being a naughty tramp.
Not to mention the fact that she signed a sexual consent form.
And even if they do believe her story, they will never convict on felony-murder, despite all of the compelling legal mumbo-jumbo about causality and foreseeability.
Bottom line is, Nicole Flynn killed Hudson Moore, not Chris Drake.
Rape, 5-to-15, I'll dismiss the murder charge.
Five years? (SCOFFS) Are you crazy? I'm not a criminal, man! I'm just a businessman, an entrepreneur.
I was just in Forbes Magazine last month, I've got two jets, three houses, a 75-foot yacht I can't go to jail.
Not for screwing some party girl from Queens who decided to go ghetto and kill my friend! If we go to verdict and get a conviction, I plan to ask for 25-to-life.
Why do you hate me? Huh? Is it 'cause I'm rich? Is it 'cause people love my videos? Or is it 'cause I screw hundreds and thousands of girls? I couldn't care less about any of that! Then what is it? Tell me! You know, girls have been getting drunk and taking their clothes off since forever.
I'm just the first guy smart enough to film it.
That doesn't make me a killer! No, raping Nicole Flynn does! She signed a consent form! Got naked and jumped into bed with me! How in God's name does that make me a murderer? You've had quite a run for someone so young.
Exploiting unsuspecting college kids.
Taking advantage of their youth, their innocence, their vulnerability.
And if they change their minds, to hell with them! "A release is a release.
"Like it or not, the world is going to see you naked.
"Unless you pay me or screw me.
" That's a lot of heartache.
A lot of ruined lives.
And no one could touch you.
But now, you are directly responsible for a death! And I intend to make you pay for that! Am I happy? Yes! But it's a side benefit.
Jury's back.
Five-to-15, or roll the dice on 25.
It's your call.
Go to hell.
You know what? I'm walking, McCoy.
You know why? 'Cause somebody on that jury watches my videos and loves what I do.
Has the jury come to averdict? We have, Your Honor.
JUDGE WARING: On the charge of rape, how do you find? We find the defendant guilty.
JUDGE WARING: On the charge of felony-murder, how do you find? Guilty.
Thank you.
Jury is dismissed.
You can't do this to me, all right? I'm not a murderer, I didn't hurt anyone! Wait! Please, I beg you, please don't send me to jail! (SOBBING) Please! Please, I beg you! No! Please! Do you think the jury convicted him for what he did to Nicole Flynn or the 16-year-old girl who killed herself? I don't know.
Do you care?