Law & Order Special Victims Unit s26e17 Episode Script
Accomplice Liability
1
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.
Is everything all right?
[OMINOUS MUSIC]
Dominick Carisi is
being held hostage.
- [GUNSHOT]
- [GROANS]
If we can't breach,
we have to hear their demands.
I don't want any more
blood on my hands.
Do you?
- What do we have here?
- [WHIMPERING]
I've been gone a long time.
Boyd! Boyd, you
gotta focus right now!
I am sick and tired of
listening to your big mouth!
Your friend is dangerous.
You are going to be
held criminally liable
for whatever he does today.
Help me, and I will go to bat for you.
Hey, Counselor.
- Will I do time?
- You kidding me?
If you're acting in
the defense of others,
that is self-defense.
[GUNSHOT]
Here we go. That's it, that's it.
Get on your knees! Get down right now!
I thought you said you
were going to help me!
- You're safe now. We got you.
- [SOBBING]
[SCREAMING]
♪
He's not OK, is he?
[TENSE MUSICAL CRESCENDO]
Mr. Carisi, hi.
Thanks for coming all
the way over to Brooklyn.
Yeah, of course.
This is my wife, Amanda Rollins.
Hi.
Hope you didn't take the morning off,
because I'm in a bit of a rush.
I'm just here for moral support.
Please take a seat.
So I heard you, uh,
have a meeting with
Deonte's defense later today.
Yes, I do.
I was just about to head
to Rikers when you called,
but I'm assuming that's
not just a coincidence.
Well, you're going to them?
That's that's a bit of
a power play, isn't it?
Well, I'm sure this Vaughn guy
just wants the strongest
result for his client.
As I do for mine, the
people of New York.
Well, what deal are you offering?
15 years for felony murder
in the second of the deli clerk.
Ali Imran.
That's his name.
OK, thank you.
Plus a few years tacked
on for armed robbery.
OK, what about the other charges?
What other charges?
Yeah, well, Deonte is liable
for a lot more than just
Just murder.
I-I was there.
I personally
witnessed him aid,
encourage, and facilitate
a veritable avalanche
of chargeable felonies.
Avalanche?
Such as?
Well, it's all in here.
But for starters,
Unlawful Imprisonment,
Felony Assault, Rape One.
Rape One?
Well, you're familiar
with Tess Milburn?
Yes, of course.
The young woman who
was raped in the deli's cooler.
Well, she deserves justice too.
The ADA who transferred me this case
told me it was the weakest charge.
[SOFT TENSE MUSIC]
Look, I know this isn't
what you both want to hear,
but I told you I'm driving
to Rikers to offer a deal.
So.
♪
15 years, huh?
Yeah, and that's a
long time, Mr. Carisi.
- You should be happy.
- Yeah, well,
it's not long enough for me.
But what do I know?
It's not my case, right?
♪
Velasco, Fin, any luck finding Tess?
We started checking
her last knowns yesterday
just as soon as you asked.
- And?
- So far no luck.
Did you call her parents?
Her mom's the one who
put the Facebook post up.
She's been missing a week.
Hey, Elizabeth, the
other girl in the deli.
- She might know where she is.
- Yeah, they're tight.
Well, they were.
Elizabeth said on the phone
that her and Tess had
some kind of falling out.
About what?
We couldn't talk to her
long. She was at work.
Just got a job as
a preschool teacher.
Which one?
I-I'll go talk to her.
Carisi, I thought you said
this wasn't even going to go to trial.
It's not.
So what?
I-I can't just be worried about Tess?
What if she's in
trouble? Or or worse?
Let's not get ahead
of ourselves, right?
How about I grab Rollins,
we go to the preschool.
We'll find her.
Don't worry.
[SIGHS]
You mean I talked you into
coming all the way over here
and all you have to
offer is a lousy 15 years?
And for what? I didn't do nothing.
My client shot the man who
forced him, under great duress,
to participate in the robbery,
and in so doing, saved three lives.
I may be able to shave a
few years off the robbery charge,
but there's nothing I
can do about the murder.
But but I didn't
shoot the deli guy.
I-I didn't. I didn't.
What don't you understand?
It happened in the
commission of the robbery.
Carisi told me it would be
self-defense if I shot Boyd.
- Did he lie to me?
- You're surprised
a lawyer lied to you
during a hostage standoff?
If this goes to trial,
he could get life.
Wait, life?
- Wait, she's kidding, right?
- No, don't worry.
If they had any substantial
evidence on the other charges,
they wouldn't be offering a deal.
What the hell do you even have?
Last time I saw Tess
Things didn't go so well.
How?
How so?
I'm a preschool
teacher, not a drug expert,
but she seemed to be self-medicating.
You think she was high?
We only want to help.
Right? We're not here to
arrest her for drug possession.
I had Tess over to my place.
We talked, but things
just weren't the same.
- You know what I mean?
- I do.
Anyway, after Tess left,
I noticed my new laptop was missing.
Mm, OK.
Do you have a tracker on it?
Yeah, it looks like it's on
some sketchy block in Jersey.
You have any idea which one?
[SOFT DRAMATIC MUSIC]
It looks like Elizabeth's
computer is in this building.
Hopefully, Tess is here too.
I had Corgan run the record
of every resident in the building.
- And?
- Looks like the guy in 1C,
Marquee Wallace,
got hit with criminal sales
of a controlled
substance six months ago.
Well, let's start there.
[TENSE MUSIC]
[BANGING ON DOOR]
Oh what is this?
NYPD.
Yeah, no kidding.
We're looking for Tess Milburn.
- Yo, where's your warrant, bro?
- Where is Tess Milburn?
Liv, over here.
But you can't just
come in my spot like this
without a warrant.
This is illegal.
Where is she?
♪
Where is she?
[MARQUEE SIGHS]
♪
Tess?
Tess.
♪
- Hey.
- OK, she's OD-ing.
I need Narcan.
Hey.
♪
Here we go.
OK.
Come on, Tess, breathe.
♪
[DRAMATIC MUSIC]
♪
No, we're still waiting
on Tess's prognosis.
Ah, Amanda just got here.
We'll call you back, OK?
That is your husband
worried about Tess.
He's going to be worried
about both those girls
until they're married with kids.
Dr. Sloane.
How's Tess Milburn?
Stable, at least for now.
She had fentanyl and
benzos in her system.
OK, I know this is premature,
but any estimate of when
she might be discharged?
She's on a witness
list for a pending trial.
Detox from benzos
is pretty grueling.
Next few days ought to be telling.
OK, well, we don't want
to make things worse,
- but, we do need to talk to her.
- She'll be out of it,
but I don't see any
reason why you couldn't try.
OK.
[MONITOR BEEPING]
Tess?
- Who are you?
- Hi, we're with the NYPD.
We were there that
day outside the deli.
What happened to you was horrific.
We want to help you.
You want to help me?
Well, take me home.
To Utah?
Your mom and dad are
very worried about you
and they're on their way here.
No! I don't want
them to see me like this!
I need to go home!
You mean to that place in Trenton?
- I need to go back.
- No, no, no, we
we, uh, we can't do that.
How did you even find me?
Well, what matters,
Tess, is that we did find you.
And you're safe now.
[GROANS] It doesn't feel like it.
OK, so why don't we let you rest?
We'll come back later.
Where is Marquee Wallace?
Arrested him for possession.
But one of his crew bailed him out.
Well, Tess is in a
rush to get back to him.
Yeah, that's the drugs talking.
Yeah, and we have to
watch her until she's detoxed.
Well, we can't cuff
her to the bed, right?
No, so we're going to have to
put a uni outside her door.
You know what?
I'll do it.
Velasco, are you sure?
Captain, I was there at the deli.
I'll never forget that scream.
Look, I know Tess
has been through hell,
but when do you think she's
going to be able to testify?
I mean, it's hard to say.
She's in the early
stages of withdrawal.
She can barely
think clearly right now,
let alone do trial prep.
Well, how soon can
we get her detoxed?
Well, there are a
couple of treatments
that may help accelerate things,
but, then we have to get her to agree.
Oh, I'm not entirely selfish.
I do want her clean
for her own health.
But her testifying in court,
it could be the North Star
that helps her navigate all this.
Whether or not Mosley
gets convicted of her assault.
[SCOFFS] Speaking of which,
I'm due at the courthouse.
For?
Rourke got word from
Mosley's defense team.
Looks like they're trying
to exclude my testimony.
And if he's successful
with this motion,
we're going to need
Tess more than ever.
So keep working on it.
- Mr. Vaughn, you're filing a motion
- [DOOR OPENS]
To exclude ADA Carisi's testimony
in the case of The People
versus Deonte Mosley.
- We are, Your Honor.
- This is ridiculous.
On
what possible grounds?
That's what we're here for.
I intend to show
legitimate legal grounds.
Mr. Carisi is the key
witness in this case.
Defense is wasting the Court's time.
That's for me to
decide, Miss Rourke.
Mr. Vaughn, continue.
We believe that as a prominent ADA
in the Manhattan court system,
Mr. Carisi's testimony
will unduly prejudice
the jury against my client.
He was the victim here.
And no one's contesting that.
But we'd argue that his position
will carry undue weight with the jury.
- Hey, how'd it go in court?
- Good.
Judge denied Vaughn's motion
to exclude me as a witness.
- Well, that's good news.
- I'm here to see Tess.
- How's she doing?
- Her blood pressure dropped.
The doctor's in with her now.
Tess Milburn, I want
to see her right now.
I'm sorry, sir, that's not possible.
[SHOUTING] Stop lying.
Where is Tess Milburn?
Right now!
Come on.
- Type it in.
- Yo, yo, yo. Hey, hey.
- Yo, don't touch me, bro.
- Let's go take a walk.
- I'm here to see my girlfriend.
- I understand.
Let's go talk outside.
Come on.
That guy's not going to quit.
Yeah, well, neither am I.
She's seizing.
[EKG MACHINE DRONING STEADILY]
I need some help.
[TENSE MUSIC]
I have no pulse.
Oxygen level's dropping.
♪
[DEFIBRILLATOR WHIRRING]
Clear.
[DEFIBRILLATOR THUMPS]
Still no pulse.
- Clear.
- [DEFIBRILLATOR THUMPS]
♪
Starting compressions.
♪
Milligram of epi.
- [DEFIBRILLATOR WHIRRING]
- Clear.
♪
Sinus rhythm.
She's back.
♪
Hey. Is she going to be all right?
She's young.
Strong heart.
- We've got that in our favor.
- So what next?
We'll keep a close eye on her,
but I think we're past the worst.
♪
Thank you, Doctor.
You done for the day?
Uh, I'll see you at home.
I gotta
I gotta make a quick stop.
♪
[INDISTINCT CHATTER]
Hey.
Can I sit down?
[SIGHS] No, Carisi, I'm eating.
I see that, I just gotta
I gotta tell you something.
Couldn't wait till tomorrow?
Look.
Tess Milburn had a close call today.
But she's going to be
She's going to be able to testify.
Well, that is very nice to hear,
but I told you the rape
is our weakest charge.
Well, let's see how a jury feels
when they hear how I
watched Deonte Mosley
casually eat a bag of potato chips
while Tess was raped a few feet away.
- OK.
- Huh?
Look, just
Just tell me that you'll talk to her,
that you'll
You'll get her side of the story.
Fine, if it will get
you off my back.
I also have some
thoughts about your voir dire.
Fine, please.
At voir dire,
when you're interviewing
potential female jurors,
just make sure you ask them
about their experience
with sexual assault.
- Oh, that was it?
- That's it.
- You happy?
- Yeah, I will be,
when Deonte Mosley is in prison.
Vaughn seems to think you have
a personal vendetta against this kid.
- Maybe I do.
- What's that about?
- The guns.
- The guns?
Been thinking about it.
Boyd Lynch only got out of prison
a few hours before he
committed that robbery.
And yet, somehow, magically,
he winds up with a gun.
How did that happen?
Deonte Mosley?
Boyd didn't get 'em in prison.
Deonte brought those guns.
Deonte gave him one.
Therefore, everything that happened
in that deli is on him.
Go home.
Start thinking about
your testimony, Carisi.
And hey.
If you have any professional
respect for me at all as a prosecutor,
please stay away from the courthouse
until I need you for prep.
A good sign. You
got your appetite back.
You gave us quite a scare.
- Sorry.
- No, please.
It's part of the job.
About that.
You had a visitor last night.
- Marquee?
- Yeah.
I'm assuming that you know
that he has a criminal record.
I obviously know he sells drugs.
You know, did you
know he has a record
for robbery in the first degree?
So last year, he robbed
a couple at gunpoint.
Why isn't he in jail, then?
Well, the victims
decided not to testify,
so the case got dropped.
So
Nobody knows what you
went through in that cooler.
You're right.
You don't.
Maybe it would help to get it out.
You know, a pain like that
It only gets worse,
unless you do something about it.
Like what?
[SOMBER MUSIC]
The guy you're
really mad at is dead.
But you can face his
accomplice on the stand.
Deonte Mosley?
But, he didn't rape me.
Deonte had a gun.
He could stop Boyd at any time.
And he chose not to.
Until it suited him.
♪
What do I have to do?
Tell your story on the stand.
Along with Elizabeth and my husband.
You know, and if the
three of you stick together
like you did in that deli
[TENSE DRAMATIC MUSIC]
Maybe all three of you
can take your power back.
♪
[SIGHS]
[TENSE MUSIC FADING]
Counselor Rourke.
Captain.
- Ready to prep your testimony?
- I am.
I also wanted to thank you.
- For?
- For going ahead with the rape charge.
- My bosses aren't thrilled.
- Ah.
But I prepped Tess this morning
and she's a compelling witness.
Before you get your hopes up,
a conviction on the rape charge
isn't just a long
shot, it's a moon shot.
I understand.
[SIGHS]
- Ready?
- Yeah.
Captain Benson,
can you tell the jury what you saw
when you arrived at the deli
on the corner of Madison and
James on the day in question?
I saw ADA Carisi through
the glass of the locked door,
and I
Saw a look on his face
that I'd never seen before.
What look was that?
Genuine fear.
I immediately got in a car,
headed down to the scene,
so I was listening to the
whole thing on my radio.
What did you hear?
There was an armed
robbery that was in progress
that had turned into
a hostage situation.
Two male perpetrators,
including the defendant.
Who were the hostages?
The deli clerk, Ali Imran,
and two young women,
Elizabeth Alden, Tess Milburn.
- Mm.
- And ADA Carisi.
What else did you hear?
Um
A gunshot.
At first, there was
no information on
On who had even been hit.
And when did that make you think?
I thought my husband had been killed.
[SNIFFLES]
[SOMBER MUSIC]
Are you OK?
Um
I can give you space
- if you want privacy.
- [SHAKILY] No. I'm sorry.
♪
I just, um
♪
It's that whole day,
I wasn't sure if I
was going to see my
See my husband again.
And, um
I'm not sure that I have yet.
Part of him is still
trapped in that deli.
He's not going to be free,
until you win this case.
I will try my best,
Sergeant Rollins.
♪
And so will I.
Not on the stand.
♪
I need to be strong for him.
♪
Did you or did
you not tell my client
that shooting Boyd
Lynch would be considered
an act of self-defense
in the eyes of the law?
- Yes, but what I
- And seeing as you're
an acting ADA, my
client, a young Black man
with little to no education,
took you at your word.
Come on.
His skin color, really?
You think Vaughn's going
to try to play the race card?
Yes, I do, so I'm
going to ask you again.
You must have known my client
would take your advice
as an expert on the law
and shoot his accomplice.
There you are.
- How'd it go?
- [SIGHS] It was fine.
It was fine?
Really?
Rourke's a little worried that, uh,
Vaughn's going to try to rattle me
until I, you know, blow my stack.
How do you feel about that?
He can try all he wants.
I'm going to stay calm and collected.
Well, I'm glad to hear that.
Cause, you know, we
Really need to win this case.
And not just for Tess
and not just for Elizabeth, but
For you.
♪
Look, I know you
don't like to hear this.
But you're a victim, too, in all this.
♪
Hey, Tess.
- How you feeling?
- Uh, good.
I finally talked to Elizabeth
and apologized for
stealing her laptop.
Good. Congratulations.
That must feel good, right?
She says I might even
be able to stay at her place
until I get on my feet.
- That's a good option.
- Yeah.
After the trial.
I don't understand.
Well, you know,
Elizabeth is testifying today.
And so until you're called,
we just want to make sure you're safe,
- so we got you a hotel room.
- OK.
And NYPD is lending you a new phone.
- I don't know how to thank you.
- You already have.
By testifying.
So Detective Velasco is
going to drive you to your hotel
and then he's going to wait there
and then drive you to the courthouse.
OK?
Hi Tess.
You ready?
I guess so.
Yeah.
Hey, you're going to do great,
- Mm.
- OK?
So you know, we're
all looking out for you.
I'm confident that after
hearing all the evidence
and the testimony of the witnesses,
we will have proven to
each and every one of you
beyond a reasonable doubt that
the defendant, Deonte Mosley,
is guilty of four counts
of armed robbery
and guilty by accomplice liability
of the second-degree
murder of Ali Imran,
rape in the first of Tess Milburn,
and murder in the
second of Boyd Lynch,
his partner in this horrific crime.
Thank you.
- How's Tess?
- Mr. Vaughn.
- Yeah, she's great.
- She's with Velasco.
Thank you, Your Honor.
Ladies and gentlemen of the jury,
there is one thing the
prosecution has to prove
beyond a reasonable doubt:
intent.
The truth is, it was never
Deonte Mosley's intent
to commit any of those crimes.
The facts will show
that Deonte's only true intent
was to end a hostage standoff
without further loss of life
by shooting Boyle Lynch
in defense of others.
And thank God he did.
Deonte Mosley should be hailed a hero,
not prosecuted at the insistence
of some vengeful ADA.
Now, ladies and gentlemen, I
I can't blame ADA
Carisi for feeling vengeful.
But vengeance should
never inform the rule of law.
Thank you.
After the clerk,
Ali Imran, was shot,
our hostage response
team was able to install
a fiberscope camera into the rear wall
through a small gap in the venting.
And what did you see?
I saw two armed perpetrators.
One was later
identified as Boyd Lynch,
and the other Deonte Mosley.
And where were the
hostages at this time?
They were in a walk-in cooler
and we were able to establish contact
through Tess Milburn's smartwatch,
which was later confiscated.
What happened to Tess after
you discovered this smartwatch?
Boyd dragged Tess
back into the cooler
and we found out that
she was sexually assaulted.
Where was Deonte
Mosley during this assault?
From what I saw on the monitor,
he stayed in the
main area of the deli.
Did he do anything to intervene?
- No.
- Anything at all?
He did nothing.
Thank you, Captain.
Captain Benson. [SIGHS]
You said the first time you
saw Deonte Mosley in the deli
was on the fiberscope monitor.
Yes.
Roughly an hour into the situation?
- Is that accurate?
- Yes, and I saw
that he was clearly armed.
Did you see how
- he got the gun or when?
- No.
Did you see anything
at all that happened
the minutes before Deonte
and Boyd entered the deli?
All that I know was disclosed
to me by the three victims.
I know that Deonte Mosley was armed
and that he had ample
opportunity to intervene
in the murder of Ali Imran
and the rape of Tess Milburn,
and he chose to do nothing.
But you have no direct knowledge
to counter my client's
version of events.
From what I heard and what I saw,
Deonte Mosley was armed
and he seemed to be
an active participant.
Seemed to be?
You have no knowledge whether
Deonte himself was under duress
or threatened by Boyd?
No.
Thank you.
Nothing further.
That morning,
Tess and I had been out
for a walk along the river.
We went into the deli to
get something cold to drink.
And what happened?
We were at the counter paying
when two armed men came in.
Was one of those men the defendant?
Yes.
Deonte Mosley.
And then what happened next?
His accomplice, Boyd,
demanded we use our
ATM cards to take out cash.
And where was
Deonte during this time?
Holding a gun on the clerk, Ali.
And what did he do
when Mr. Carisi came in?
Deonte pointed his gun at
him and took his cell phone,
his wallet, and his wedding ring.
Thank you, Elizabeth.
Miss Alden, I, uh
I'm sorry for what you went through.
I really am.
But, did Deonte Mosley
ever threaten you directly?
No.
Did he ever touch you?
Look at you with menace?
No, but he did have a gun.
But, you could tell that he
was not the one in charge,
couldn't you?
[TENSE MUSIC]
You're under oath, Miss Alden.
It's a simple question.
Did my client ever
give any of the orders?
♪
I guess not, no.
In fact, it was Boyd Lynch
that made all the decisions.
Wasn't it?
Yes.
♪
Nothing further.
♪
Ms. Rourke, your next witness.
♪
[POUNDING ON DOOR]
Tess.
Tess, open up. We're due in court.
Where the hell is Tess Milburn?
We're trying to get
in touch with her now.
Tess isn't answering.
I had Velasco get security
to open up the doors.
I thought you had
her someplace safe.
We're going to have to ask
the judge for a continuance.
Maybe I should go to the hotel.
- I'll I'll help Velasco.
- Oh, no, you're not going anywhere.
If Tess is a no-show,
you're all I've got.
[TENSE SOMBER MUSIC]
[BENSON SIGHS]
♪
Captain, we got a problem.
Man, what the hell
are you doing back?
Where's Tess?
I don't know where
the hell she is, man!
I'm telling you.
Sh
[TENSE MUSIC]
He's telling the truth.
She's not here.
Who else she buy from?
♪
Tess!
♪
Tess Milburn.
♪
- Sarge!
- [TESS WHIMPERING SOFTLY]
She's over here.
♪
[TESS WHIMPERING SOFTLY]
I didn't do it.
[SOBS] I wanted to.
Why, Tess?
I can't face that guy in court.
OK, we're going to get
you the help you need.
But there's a lot of
people that need to hear
every word you have to say.
We're going to be
with you the whole time.
OK?
[SOMBER MUSIC]
♪
Boyd ran his hands over my body.
That's when he found my smartwatch
hidden in my jacket pocket.
And where was Deonte?
Uh, watching.
Doing nothing.
What did Boyd do next?
I think he wanted to punish me.
He dragged me into the cooler.
Did Mr. Mosley do anything
to intervene at that point?
No.
ADA Carisi tried, but
Boyd hit him in the head with his gun.
Did Deonte do anything at that point?
Deonte just watched,
as Boyd dragged me to
the cooler and locked it.
I know this is hard to relive, Tess,
but could you tell the
jury what happened to you
once you were inside the cooler?
[TESS SNIFFLES]
[TESS SIGHS]
Boyd
Pulled down my yoga pants.
[TESS SNIFFLES]
He made me take off all my clothes.
And then he made me
get down on my knees.
He unzipped his pants [SNIFFLES]
And he forced himself into my mouth.
♪
I'm so sorry.
- [TESS WHIMPERS]
- What happened after that?
[TESS SIGHS]
When he was ready,
he turned me around.
He bent me over.
He raped me.
[TENSE SOMBER MUSIC]
[TESS SIGHS]
How long were you in
the cooler with Mr. Lynch?
It felt like forever.
According to the fiberscope video,
you were in the cooler for
approximately 40 minutes.
Does that sound right?
Yes.
And during that whole time,
40 minutes,
Deonte never came near the cooler
to intercede on your behalf, did he?
♪
No.
Nothing further.
Mr. Vaughn?
♪
No questions, Your Honor.
You may step down.
[SOFT SOMBER MUSIC]
♪
Ms. Rourke.
We call ADA Carisi.
[TENSE MUSIC]
♪
I push my way back into the deli
so that the two perpetrators
cannot take an NYPD
captain as collateral.
- And then what happened?
- He was off to the side.
He also had a gun in his hand.
He exchanged a few words with Boyd,
and then he turned to me and he asked
if it would be considered
self-defense if he shot him.
And what did you say?
I said, if you're acting
in the defense of others,
you better believe
that's self-defense.
And what did Deonte Mosley do?
He shot his partner,
Boyd Lynch, killing him,
to negate his accomplice
liability for the entire day.
Objection.
Speculation.
Sustained.
The jury will disregard.
Nothing further.
Mr. Carisi, you just admitted
telling my client that
shooting Boyd Lynch
would be an act of self-defense.
Well, I did what I had
to do to protect the lives
of Elizabeth Alden and myself, yeah.
- Well, you were successful.
- Yes. They had guns.
I had words.
I used what was available to me.
So it is your contention that
you did the right thing
at the end of the day?
Absolutely.
Wouldn't you consider
that my client did too?
What your client did, uh,
that was not self-defense,
that was self-preservation.
If my client hadn't
killed Boyd Lynch,
do you think you'd still
be alive today, Mr. Carisi?
Maybe, maybe not.
Did Boyd Lynch take
a shot at your head?
Yes, when we were
fighting for control of his gun.
Maybe your real
anger is at yourself.
- Myself?
- For unnecessarily
escalating a situation,
forcing yourself back in the deli
right after Boyd Lynch
was about to set you free!
And leave an NYPD captain,
my former boss, one
of my closest friends
in the hands of a
murderer and a rapist?
Is that what you would do?
Are you always that
hot-headed, Mr. Carisi?
Objection.
Withdrawn.
Nothing further.
[TENSE MUSIC]
Witness may step down.
[CARISI SIGHS]
♪
[INDISTINCT CHATTER]
Wipe that smile off your face.
- Your Honor!
- You know what happened
- in that deli and so do I!
- [GAVEL BANGS] You son of a bitch!
- Mr. Carisi!
- I saw you, Deonte!
- I saw you!
- Mr. Carisi
Stop now or I'll hold you in contempt.
[LOW TENSE MUSIC]
Jury will disregard.
Mr. Carisi, you're excused.
♪
[SOMBER SUSPENSEFUL MUSIC]
♪
[CARISI SIGHS]
I'm sorry.
- What the hell was that?
- I don't know.
All right? One minute
I'm in a courtroom,
and then I see Deonte smile at me,
and it's like I'm
right back in that deli
and I
I lost it.
Yeah, that's an understatement.
Goes without saying I'm
not going to redirect you.
What do we do now?
There is no "we."
You're acting like we're
partners, and we're not.
♪
[CARISI SIGHS]
♪
Hey.
Hey.
Now what?
♪
I don't know.
I'm not losing this case.
♪
I am not losing this case.
[SOFTLY] Mm.
♪
One thing I know about Deonte,
is he is a follower.
First it was Boyd, then it was Vaughn.
So what are the
chances he's been in Rikers
for the past six months without
someone to tell him what to do?
♪
I let Deonte get into my head.
We got to find a way to get into his.
- So who is this guy?
- Jay Goldstein.
He's a fake lawyer
awaiting a murder trial
for poisoning his
mother with antifreeze.
- Antifreeze, huh?
- Mm.
Carisi thinks he can help us?
Yeah, before Vaughn came along,
Deonte was working
his case with this guy.
Well, Goldstein's not a real lawyer,
so there's no
attorney-client privilege.
- He's willing to talk to us?
- Oh, yeah.
He isn't even asking for anything.
I guess he took offense to
being ditched for Vaughn.
Mr. Goldstein?
Yes!
Thank you for meeting with us.
Happy to help.
[HANDS SLAPPING TABLE]
Ms. Rourke, are you planning
on recalling ADA Carisi?
Not at this time, Your Honor.
Prosecution rests.
Mr. Vaughn, you may
call your first witness.
Your Honor, we call Deonte Mosley.
Boyd first saw Elizabeth Alden
and Tess Milburn
crossing towards the deli
when we was walking up
the other side of the street.
And what did Boyd say?
He thought they looked pretty.
Might have ATM cards.
See, Boyd just got out of prison.
He was looking to party.
And what did he do?
He pulled out two guns.
And he told me I had a choice
to make as his ride or die.
And, uh, what did he mean by that?
That if I didn't ride
with him at that moment,
he would shoot me.
So Boyd Lynch
threatened you, coerced you?
Him being my cellmate is a
big part of why I stayed safe
when I first went to prison at 19.
No one messed with him in there.
He was crazy.
[SIGHS] Nothing further.
So it's your contention
you were afraid of Boyd Lynch, right?
Yeah.
Like I said, he forced me.
I was under
Duress.
He pointed a gun at me.
Out of curiosity,
where did Boyd get the guns?
[CLEARS THROAT]
Where did he get them?
You said he'd just
gotten out of prison.
I'm assuming he didn't get them there.
So, you must have brought
them to him, didn't you?
Objection.
Speculation.
Withdrawn.
We heard earlier testimony
that Boyd Lynch was
in the deli's walk-in cooler
with Tess Milburn for 40 minutes?
Y-yeah, I guess.
And you were armed the whole time?
Yeah.
And you knew the
police were right outside?
Yeah. So?
So the question I have for you is,
if you were so afraid of Boyd,
why didn't you just
walk out of that deli
when you had the chance?
[TENSE DRAMATIC MUSIC]
♪
Nothing further.
♪
So Mr. Goldstein was Deonte's
unofficial jailhouse counsel?
He was helping him with his
case until Vaughn came along.
Deonte told him the
real reason he shot Boyd.
- And he's willing to testify?
- To everything.
I don't know if the judge
will allow it at this point.
OK. Look, this is our
chance to win this case.
You got this.
Would you mind
stating your name, sir?
Jay Marcus Goldstein.
Mr. Goldstein,
would you tell the jury
what your relationship
is to Deonte Mosley?
Yes, I advised Deonte about
his case for about two months
before he found this,
uh, Mr. Vaughn here.
Did Deonte talk to you about
his potential self-defense plea?
He wouldn't shut up about it.
Then Vaughn comes along,
he bolsters that line of crap.
Your Honor, are we really
going to take the word of a man
who murdered his own
mother over my client's?
I've already allowed
this witness, Mr. Vaughn.
You'll have your chance to cross.
Ms. Rourke, continue.
What did he tell you exactly?
The truth.
The only reason why he whacked Boyd
was so he couldn't
testify against him.
Mr. Goldstein, did
Deonte Mosley tell you
that he knew his former
cellmate, Boyd Lynch,
was a convicted rapist?
Yes. It didn't seem
to matter to him.
In all your talks with him, what
did matter to Deonte Mosley?
The only thing that
matters to Deonte Mosley
is Deonte Mosley.
[SUSPENSEFUL MUSIC]
♪
Members of the jury,
have you reached a verdict?
We have, Your Honor.
On the four counts of armed robbery,
we find the defendant guilty.
Murder in the second of Ali Imran,
we find the defendant guilty.
Murder in the second
degree of Boyd Lynch, guilty.
On the charge of rape in
the first of Tess Milburn,
we find the defendant not guilty.
Members of the jury,
the State of New York
thanks you for your service.
♪
You should have taken that deal.
♪
[ROURKE SIGHS]
Headed back to Brooklyn?
Unless you want
to share your office.
What, like partners?
Uh, tell you what.
You ever want to move to Manhattan,
I'll put in a good word.
I'll let you know.
I know this isn't what you wanted.
Well, actually, I'm
I'm OK.
To be honest,
I never thought I could sit in that
In that witness box.
And that part's over now.
Deonte is going to be in
prison for the rest of his life.
Thanks to your husband.
Neither one of us would
have survived without him.
[TENSE SOMBER MUSIC]
Tess, I, uh
I wi I wish I
I could have, um
[SOFT DRAMATIC MUSIC]
Thank you.
♪
♪
She seems like she's going to be OK.
She made the decision to move on.
Maybe it's
It's time you did too.
♪
I think you already have.
♪
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.
Is everything all right?
[OMINOUS MUSIC]
Dominick Carisi is
being held hostage.
- [GUNSHOT]
- [GROANS]
If we can't breach,
we have to hear their demands.
I don't want any more
blood on my hands.
Do you?
- What do we have here?
- [WHIMPERING]
I've been gone a long time.
Boyd! Boyd, you
gotta focus right now!
I am sick and tired of
listening to your big mouth!
Your friend is dangerous.
You are going to be
held criminally liable
for whatever he does today.
Help me, and I will go to bat for you.
Hey, Counselor.
- Will I do time?
- You kidding me?
If you're acting in
the defense of others,
that is self-defense.
[GUNSHOT]
Here we go. That's it, that's it.
Get on your knees! Get down right now!
I thought you said you
were going to help me!
- You're safe now. We got you.
- [SOBBING]
[SCREAMING]
♪
He's not OK, is he?
[TENSE MUSICAL CRESCENDO]
Mr. Carisi, hi.
Thanks for coming all
the way over to Brooklyn.
Yeah, of course.
This is my wife, Amanda Rollins.
Hi.
Hope you didn't take the morning off,
because I'm in a bit of a rush.
I'm just here for moral support.
Please take a seat.
So I heard you, uh,
have a meeting with
Deonte's defense later today.
Yes, I do.
I was just about to head
to Rikers when you called,
but I'm assuming that's
not just a coincidence.
Well, you're going to them?
That's that's a bit of
a power play, isn't it?
Well, I'm sure this Vaughn guy
just wants the strongest
result for his client.
As I do for mine, the
people of New York.
Well, what deal are you offering?
15 years for felony murder
in the second of the deli clerk.
Ali Imran.
That's his name.
OK, thank you.
Plus a few years tacked
on for armed robbery.
OK, what about the other charges?
What other charges?
Yeah, well, Deonte is liable
for a lot more than just
Just murder.
I-I was there.
I personally
witnessed him aid,
encourage, and facilitate
a veritable avalanche
of chargeable felonies.
Avalanche?
Such as?
Well, it's all in here.
But for starters,
Unlawful Imprisonment,
Felony Assault, Rape One.
Rape One?
Well, you're familiar
with Tess Milburn?
Yes, of course.
The young woman who
was raped in the deli's cooler.
Well, she deserves justice too.
The ADA who transferred me this case
told me it was the weakest charge.
[SOFT TENSE MUSIC]
Look, I know this isn't
what you both want to hear,
but I told you I'm driving
to Rikers to offer a deal.
So.
♪
15 years, huh?
Yeah, and that's a
long time, Mr. Carisi.
- You should be happy.
- Yeah, well,
it's not long enough for me.
But what do I know?
It's not my case, right?
♪
Velasco, Fin, any luck finding Tess?
We started checking
her last knowns yesterday
just as soon as you asked.
- And?
- So far no luck.
Did you call her parents?
Her mom's the one who
put the Facebook post up.
She's been missing a week.
Hey, Elizabeth, the
other girl in the deli.
- She might know where she is.
- Yeah, they're tight.
Well, they were.
Elizabeth said on the phone
that her and Tess had
some kind of falling out.
About what?
We couldn't talk to her
long. She was at work.
Just got a job as
a preschool teacher.
Which one?
I-I'll go talk to her.
Carisi, I thought you said
this wasn't even going to go to trial.
It's not.
So what?
I-I can't just be worried about Tess?
What if she's in
trouble? Or or worse?
Let's not get ahead
of ourselves, right?
How about I grab Rollins,
we go to the preschool.
We'll find her.
Don't worry.
[SIGHS]
You mean I talked you into
coming all the way over here
and all you have to
offer is a lousy 15 years?
And for what? I didn't do nothing.
My client shot the man who
forced him, under great duress,
to participate in the robbery,
and in so doing, saved three lives.
I may be able to shave a
few years off the robbery charge,
but there's nothing I
can do about the murder.
But but I didn't
shoot the deli guy.
I-I didn't. I didn't.
What don't you understand?
It happened in the
commission of the robbery.
Carisi told me it would be
self-defense if I shot Boyd.
- Did he lie to me?
- You're surprised
a lawyer lied to you
during a hostage standoff?
If this goes to trial,
he could get life.
Wait, life?
- Wait, she's kidding, right?
- No, don't worry.
If they had any substantial
evidence on the other charges,
they wouldn't be offering a deal.
What the hell do you even have?
Last time I saw Tess
Things didn't go so well.
How?
How so?
I'm a preschool
teacher, not a drug expert,
but she seemed to be self-medicating.
You think she was high?
We only want to help.
Right? We're not here to
arrest her for drug possession.
I had Tess over to my place.
We talked, but things
just weren't the same.
- You know what I mean?
- I do.
Anyway, after Tess left,
I noticed my new laptop was missing.
Mm, OK.
Do you have a tracker on it?
Yeah, it looks like it's on
some sketchy block in Jersey.
You have any idea which one?
[SOFT DRAMATIC MUSIC]
It looks like Elizabeth's
computer is in this building.
Hopefully, Tess is here too.
I had Corgan run the record
of every resident in the building.
- And?
- Looks like the guy in 1C,
Marquee Wallace,
got hit with criminal sales
of a controlled
substance six months ago.
Well, let's start there.
[TENSE MUSIC]
[BANGING ON DOOR]
Oh what is this?
NYPD.
Yeah, no kidding.
We're looking for Tess Milburn.
- Yo, where's your warrant, bro?
- Where is Tess Milburn?
Liv, over here.
But you can't just
come in my spot like this
without a warrant.
This is illegal.
Where is she?
♪
Where is she?
[MARQUEE SIGHS]
♪
Tess?
Tess.
♪
- Hey.
- OK, she's OD-ing.
I need Narcan.
Hey.
♪
Here we go.
OK.
Come on, Tess, breathe.
♪
[DRAMATIC MUSIC]
♪
No, we're still waiting
on Tess's prognosis.
Ah, Amanda just got here.
We'll call you back, OK?
That is your husband
worried about Tess.
He's going to be worried
about both those girls
until they're married with kids.
Dr. Sloane.
How's Tess Milburn?
Stable, at least for now.
She had fentanyl and
benzos in her system.
OK, I know this is premature,
but any estimate of when
she might be discharged?
She's on a witness
list for a pending trial.
Detox from benzos
is pretty grueling.
Next few days ought to be telling.
OK, well, we don't want
to make things worse,
- but, we do need to talk to her.
- She'll be out of it,
but I don't see any
reason why you couldn't try.
OK.
[MONITOR BEEPING]
Tess?
- Who are you?
- Hi, we're with the NYPD.
We were there that
day outside the deli.
What happened to you was horrific.
We want to help you.
You want to help me?
Well, take me home.
To Utah?
Your mom and dad are
very worried about you
and they're on their way here.
No! I don't want
them to see me like this!
I need to go home!
You mean to that place in Trenton?
- I need to go back.
- No, no, no, we
we, uh, we can't do that.
How did you even find me?
Well, what matters,
Tess, is that we did find you.
And you're safe now.
[GROANS] It doesn't feel like it.
OK, so why don't we let you rest?
We'll come back later.
Where is Marquee Wallace?
Arrested him for possession.
But one of his crew bailed him out.
Well, Tess is in a
rush to get back to him.
Yeah, that's the drugs talking.
Yeah, and we have to
watch her until she's detoxed.
Well, we can't cuff
her to the bed, right?
No, so we're going to have to
put a uni outside her door.
You know what?
I'll do it.
Velasco, are you sure?
Captain, I was there at the deli.
I'll never forget that scream.
Look, I know Tess
has been through hell,
but when do you think she's
going to be able to testify?
I mean, it's hard to say.
She's in the early
stages of withdrawal.
She can barely
think clearly right now,
let alone do trial prep.
Well, how soon can
we get her detoxed?
Well, there are a
couple of treatments
that may help accelerate things,
but, then we have to get her to agree.
Oh, I'm not entirely selfish.
I do want her clean
for her own health.
But her testifying in court,
it could be the North Star
that helps her navigate all this.
Whether or not Mosley
gets convicted of her assault.
[SCOFFS] Speaking of which,
I'm due at the courthouse.
For?
Rourke got word from
Mosley's defense team.
Looks like they're trying
to exclude my testimony.
And if he's successful
with this motion,
we're going to need
Tess more than ever.
So keep working on it.
- Mr. Vaughn, you're filing a motion
- [DOOR OPENS]
To exclude ADA Carisi's testimony
in the case of The People
versus Deonte Mosley.
- We are, Your Honor.
- This is ridiculous.
On
what possible grounds?
That's what we're here for.
I intend to show
legitimate legal grounds.
Mr. Carisi is the key
witness in this case.
Defense is wasting the Court's time.
That's for me to
decide, Miss Rourke.
Mr. Vaughn, continue.
We believe that as a prominent ADA
in the Manhattan court system,
Mr. Carisi's testimony
will unduly prejudice
the jury against my client.
He was the victim here.
And no one's contesting that.
But we'd argue that his position
will carry undue weight with the jury.
- Hey, how'd it go in court?
- Good.
Judge denied Vaughn's motion
to exclude me as a witness.
- Well, that's good news.
- I'm here to see Tess.
- How's she doing?
- Her blood pressure dropped.
The doctor's in with her now.
Tess Milburn, I want
to see her right now.
I'm sorry, sir, that's not possible.
[SHOUTING] Stop lying.
Where is Tess Milburn?
Right now!
Come on.
- Type it in.
- Yo, yo, yo. Hey, hey.
- Yo, don't touch me, bro.
- Let's go take a walk.
- I'm here to see my girlfriend.
- I understand.
Let's go talk outside.
Come on.
That guy's not going to quit.
Yeah, well, neither am I.
She's seizing.
[EKG MACHINE DRONING STEADILY]
I need some help.
[TENSE MUSIC]
I have no pulse.
Oxygen level's dropping.
♪
[DEFIBRILLATOR WHIRRING]
Clear.
[DEFIBRILLATOR THUMPS]
Still no pulse.
- Clear.
- [DEFIBRILLATOR THUMPS]
♪
Starting compressions.
♪
Milligram of epi.
- [DEFIBRILLATOR WHIRRING]
- Clear.
♪
Sinus rhythm.
She's back.
♪
Hey. Is she going to be all right?
She's young.
Strong heart.
- We've got that in our favor.
- So what next?
We'll keep a close eye on her,
but I think we're past the worst.
♪
Thank you, Doctor.
You done for the day?
Uh, I'll see you at home.
I gotta
I gotta make a quick stop.
♪
[INDISTINCT CHATTER]
Hey.
Can I sit down?
[SIGHS] No, Carisi, I'm eating.
I see that, I just gotta
I gotta tell you something.
Couldn't wait till tomorrow?
Look.
Tess Milburn had a close call today.
But she's going to be
She's going to be able to testify.
Well, that is very nice to hear,
but I told you the rape
is our weakest charge.
Well, let's see how a jury feels
when they hear how I
watched Deonte Mosley
casually eat a bag of potato chips
while Tess was raped a few feet away.
- OK.
- Huh?
Look, just
Just tell me that you'll talk to her,
that you'll
You'll get her side of the story.
Fine, if it will get
you off my back.
I also have some
thoughts about your voir dire.
Fine, please.
At voir dire,
when you're interviewing
potential female jurors,
just make sure you ask them
about their experience
with sexual assault.
- Oh, that was it?
- That's it.
- You happy?
- Yeah, I will be,
when Deonte Mosley is in prison.
Vaughn seems to think you have
a personal vendetta against this kid.
- Maybe I do.
- What's that about?
- The guns.
- The guns?
Been thinking about it.
Boyd Lynch only got out of prison
a few hours before he
committed that robbery.
And yet, somehow, magically,
he winds up with a gun.
How did that happen?
Deonte Mosley?
Boyd didn't get 'em in prison.
Deonte brought those guns.
Deonte gave him one.
Therefore, everything that happened
in that deli is on him.
Go home.
Start thinking about
your testimony, Carisi.
And hey.
If you have any professional
respect for me at all as a prosecutor,
please stay away from the courthouse
until I need you for prep.
A good sign. You
got your appetite back.
You gave us quite a scare.
- Sorry.
- No, please.
It's part of the job.
About that.
You had a visitor last night.
- Marquee?
- Yeah.
I'm assuming that you know
that he has a criminal record.
I obviously know he sells drugs.
You know, did you
know he has a record
for robbery in the first degree?
So last year, he robbed
a couple at gunpoint.
Why isn't he in jail, then?
Well, the victims
decided not to testify,
so the case got dropped.
So
Nobody knows what you
went through in that cooler.
You're right.
You don't.
Maybe it would help to get it out.
You know, a pain like that
It only gets worse,
unless you do something about it.
Like what?
[SOMBER MUSIC]
The guy you're
really mad at is dead.
But you can face his
accomplice on the stand.
Deonte Mosley?
But, he didn't rape me.
Deonte had a gun.
He could stop Boyd at any time.
And he chose not to.
Until it suited him.
♪
What do I have to do?
Tell your story on the stand.
Along with Elizabeth and my husband.
You know, and if the
three of you stick together
like you did in that deli
[TENSE DRAMATIC MUSIC]
Maybe all three of you
can take your power back.
♪
[SIGHS]
[TENSE MUSIC FADING]
Counselor Rourke.
Captain.
- Ready to prep your testimony?
- I am.
I also wanted to thank you.
- For?
- For going ahead with the rape charge.
- My bosses aren't thrilled.
- Ah.
But I prepped Tess this morning
and she's a compelling witness.
Before you get your hopes up,
a conviction on the rape charge
isn't just a long
shot, it's a moon shot.
I understand.
[SIGHS]
- Ready?
- Yeah.
Captain Benson,
can you tell the jury what you saw
when you arrived at the deli
on the corner of Madison and
James on the day in question?
I saw ADA Carisi through
the glass of the locked door,
and I
Saw a look on his face
that I'd never seen before.
What look was that?
Genuine fear.
I immediately got in a car,
headed down to the scene,
so I was listening to the
whole thing on my radio.
What did you hear?
There was an armed
robbery that was in progress
that had turned into
a hostage situation.
Two male perpetrators,
including the defendant.
Who were the hostages?
The deli clerk, Ali Imran,
and two young women,
Elizabeth Alden, Tess Milburn.
- Mm.
- And ADA Carisi.
What else did you hear?
Um
A gunshot.
At first, there was
no information on
On who had even been hit.
And when did that make you think?
I thought my husband had been killed.
[SNIFFLES]
[SOMBER MUSIC]
Are you OK?
Um
I can give you space
- if you want privacy.
- [SHAKILY] No. I'm sorry.
♪
I just, um
♪
It's that whole day,
I wasn't sure if I
was going to see my
See my husband again.
And, um
I'm not sure that I have yet.
Part of him is still
trapped in that deli.
He's not going to be free,
until you win this case.
I will try my best,
Sergeant Rollins.
♪
And so will I.
Not on the stand.
♪
I need to be strong for him.
♪
Did you or did
you not tell my client
that shooting Boyd
Lynch would be considered
an act of self-defense
in the eyes of the law?
- Yes, but what I
- And seeing as you're
an acting ADA, my
client, a young Black man
with little to no education,
took you at your word.
Come on.
His skin color, really?
You think Vaughn's going
to try to play the race card?
Yes, I do, so I'm
going to ask you again.
You must have known my client
would take your advice
as an expert on the law
and shoot his accomplice.
There you are.
- How'd it go?
- [SIGHS] It was fine.
It was fine?
Really?
Rourke's a little worried that, uh,
Vaughn's going to try to rattle me
until I, you know, blow my stack.
How do you feel about that?
He can try all he wants.
I'm going to stay calm and collected.
Well, I'm glad to hear that.
Cause, you know, we
Really need to win this case.
And not just for Tess
and not just for Elizabeth, but
For you.
♪
Look, I know you
don't like to hear this.
But you're a victim, too, in all this.
♪
Hey, Tess.
- How you feeling?
- Uh, good.
I finally talked to Elizabeth
and apologized for
stealing her laptop.
Good. Congratulations.
That must feel good, right?
She says I might even
be able to stay at her place
until I get on my feet.
- That's a good option.
- Yeah.
After the trial.
I don't understand.
Well, you know,
Elizabeth is testifying today.
And so until you're called,
we just want to make sure you're safe,
- so we got you a hotel room.
- OK.
And NYPD is lending you a new phone.
- I don't know how to thank you.
- You already have.
By testifying.
So Detective Velasco is
going to drive you to your hotel
and then he's going to wait there
and then drive you to the courthouse.
OK?
Hi Tess.
You ready?
I guess so.
Yeah.
Hey, you're going to do great,
- Mm.
- OK?
So you know, we're
all looking out for you.
I'm confident that after
hearing all the evidence
and the testimony of the witnesses,
we will have proven to
each and every one of you
beyond a reasonable doubt that
the defendant, Deonte Mosley,
is guilty of four counts
of armed robbery
and guilty by accomplice liability
of the second-degree
murder of Ali Imran,
rape in the first of Tess Milburn,
and murder in the
second of Boyd Lynch,
his partner in this horrific crime.
Thank you.
- How's Tess?
- Mr. Vaughn.
- Yeah, she's great.
- She's with Velasco.
Thank you, Your Honor.
Ladies and gentlemen of the jury,
there is one thing the
prosecution has to prove
beyond a reasonable doubt:
intent.
The truth is, it was never
Deonte Mosley's intent
to commit any of those crimes.
The facts will show
that Deonte's only true intent
was to end a hostage standoff
without further loss of life
by shooting Boyle Lynch
in defense of others.
And thank God he did.
Deonte Mosley should be hailed a hero,
not prosecuted at the insistence
of some vengeful ADA.
Now, ladies and gentlemen, I
I can't blame ADA
Carisi for feeling vengeful.
But vengeance should
never inform the rule of law.
Thank you.
After the clerk,
Ali Imran, was shot,
our hostage response
team was able to install
a fiberscope camera into the rear wall
through a small gap in the venting.
And what did you see?
I saw two armed perpetrators.
One was later
identified as Boyd Lynch,
and the other Deonte Mosley.
And where were the
hostages at this time?
They were in a walk-in cooler
and we were able to establish contact
through Tess Milburn's smartwatch,
which was later confiscated.
What happened to Tess after
you discovered this smartwatch?
Boyd dragged Tess
back into the cooler
and we found out that
she was sexually assaulted.
Where was Deonte
Mosley during this assault?
From what I saw on the monitor,
he stayed in the
main area of the deli.
Did he do anything to intervene?
- No.
- Anything at all?
He did nothing.
Thank you, Captain.
Captain Benson. [SIGHS]
You said the first time you
saw Deonte Mosley in the deli
was on the fiberscope monitor.
Yes.
Roughly an hour into the situation?
- Is that accurate?
- Yes, and I saw
that he was clearly armed.
Did you see how
- he got the gun or when?
- No.
Did you see anything
at all that happened
the minutes before Deonte
and Boyd entered the deli?
All that I know was disclosed
to me by the three victims.
I know that Deonte Mosley was armed
and that he had ample
opportunity to intervene
in the murder of Ali Imran
and the rape of Tess Milburn,
and he chose to do nothing.
But you have no direct knowledge
to counter my client's
version of events.
From what I heard and what I saw,
Deonte Mosley was armed
and he seemed to be
an active participant.
Seemed to be?
You have no knowledge whether
Deonte himself was under duress
or threatened by Boyd?
No.
Thank you.
Nothing further.
That morning,
Tess and I had been out
for a walk along the river.
We went into the deli to
get something cold to drink.
And what happened?
We were at the counter paying
when two armed men came in.
Was one of those men the defendant?
Yes.
Deonte Mosley.
And then what happened next?
His accomplice, Boyd,
demanded we use our
ATM cards to take out cash.
And where was
Deonte during this time?
Holding a gun on the clerk, Ali.
And what did he do
when Mr. Carisi came in?
Deonte pointed his gun at
him and took his cell phone,
his wallet, and his wedding ring.
Thank you, Elizabeth.
Miss Alden, I, uh
I'm sorry for what you went through.
I really am.
But, did Deonte Mosley
ever threaten you directly?
No.
Did he ever touch you?
Look at you with menace?
No, but he did have a gun.
But, you could tell that he
was not the one in charge,
couldn't you?
[TENSE MUSIC]
You're under oath, Miss Alden.
It's a simple question.
Did my client ever
give any of the orders?
♪
I guess not, no.
In fact, it was Boyd Lynch
that made all the decisions.
Wasn't it?
Yes.
♪
Nothing further.
♪
Ms. Rourke, your next witness.
♪
[POUNDING ON DOOR]
Tess.
Tess, open up. We're due in court.
Where the hell is Tess Milburn?
We're trying to get
in touch with her now.
Tess isn't answering.
I had Velasco get security
to open up the doors.
I thought you had
her someplace safe.
We're going to have to ask
the judge for a continuance.
Maybe I should go to the hotel.
- I'll I'll help Velasco.
- Oh, no, you're not going anywhere.
If Tess is a no-show,
you're all I've got.
[TENSE SOMBER MUSIC]
[BENSON SIGHS]
♪
Captain, we got a problem.
Man, what the hell
are you doing back?
Where's Tess?
I don't know where
the hell she is, man!
I'm telling you.
Sh
[TENSE MUSIC]
He's telling the truth.
She's not here.
Who else she buy from?
♪
Tess!
♪
Tess Milburn.
♪
- Sarge!
- [TESS WHIMPERING SOFTLY]
She's over here.
♪
[TESS WHIMPERING SOFTLY]
I didn't do it.
[SOBS] I wanted to.
Why, Tess?
I can't face that guy in court.
OK, we're going to get
you the help you need.
But there's a lot of
people that need to hear
every word you have to say.
We're going to be
with you the whole time.
OK?
[SOMBER MUSIC]
♪
Boyd ran his hands over my body.
That's when he found my smartwatch
hidden in my jacket pocket.
And where was Deonte?
Uh, watching.
Doing nothing.
What did Boyd do next?
I think he wanted to punish me.
He dragged me into the cooler.
Did Mr. Mosley do anything
to intervene at that point?
No.
ADA Carisi tried, but
Boyd hit him in the head with his gun.
Did Deonte do anything at that point?
Deonte just watched,
as Boyd dragged me to
the cooler and locked it.
I know this is hard to relive, Tess,
but could you tell the
jury what happened to you
once you were inside the cooler?
[TESS SNIFFLES]
[TESS SIGHS]
Boyd
Pulled down my yoga pants.
[TESS SNIFFLES]
He made me take off all my clothes.
And then he made me
get down on my knees.
He unzipped his pants [SNIFFLES]
And he forced himself into my mouth.
♪
I'm so sorry.
- [TESS WHIMPERS]
- What happened after that?
[TESS SIGHS]
When he was ready,
he turned me around.
He bent me over.
He raped me.
[TENSE SOMBER MUSIC]
[TESS SIGHS]
How long were you in
the cooler with Mr. Lynch?
It felt like forever.
According to the fiberscope video,
you were in the cooler for
approximately 40 minutes.
Does that sound right?
Yes.
And during that whole time,
40 minutes,
Deonte never came near the cooler
to intercede on your behalf, did he?
♪
No.
Nothing further.
Mr. Vaughn?
♪
No questions, Your Honor.
You may step down.
[SOFT SOMBER MUSIC]
♪
Ms. Rourke.
We call ADA Carisi.
[TENSE MUSIC]
♪
I push my way back into the deli
so that the two perpetrators
cannot take an NYPD
captain as collateral.
- And then what happened?
- He was off to the side.
He also had a gun in his hand.
He exchanged a few words with Boyd,
and then he turned to me and he asked
if it would be considered
self-defense if he shot him.
And what did you say?
I said, if you're acting
in the defense of others,
you better believe
that's self-defense.
And what did Deonte Mosley do?
He shot his partner,
Boyd Lynch, killing him,
to negate his accomplice
liability for the entire day.
Objection.
Speculation.
Sustained.
The jury will disregard.
Nothing further.
Mr. Carisi, you just admitted
telling my client that
shooting Boyd Lynch
would be an act of self-defense.
Well, I did what I had
to do to protect the lives
of Elizabeth Alden and myself, yeah.
- Well, you were successful.
- Yes. They had guns.
I had words.
I used what was available to me.
So it is your contention that
you did the right thing
at the end of the day?
Absolutely.
Wouldn't you consider
that my client did too?
What your client did, uh,
that was not self-defense,
that was self-preservation.
If my client hadn't
killed Boyd Lynch,
do you think you'd still
be alive today, Mr. Carisi?
Maybe, maybe not.
Did Boyd Lynch take
a shot at your head?
Yes, when we were
fighting for control of his gun.
Maybe your real
anger is at yourself.
- Myself?
- For unnecessarily
escalating a situation,
forcing yourself back in the deli
right after Boyd Lynch
was about to set you free!
And leave an NYPD captain,
my former boss, one
of my closest friends
in the hands of a
murderer and a rapist?
Is that what you would do?
Are you always that
hot-headed, Mr. Carisi?
Objection.
Withdrawn.
Nothing further.
[TENSE MUSIC]
Witness may step down.
[CARISI SIGHS]
♪
[INDISTINCT CHATTER]
Wipe that smile off your face.
- Your Honor!
- You know what happened
- in that deli and so do I!
- [GAVEL BANGS] You son of a bitch!
- Mr. Carisi!
- I saw you, Deonte!
- I saw you!
- Mr. Carisi
Stop now or I'll hold you in contempt.
[LOW TENSE MUSIC]
Jury will disregard.
Mr. Carisi, you're excused.
♪
[SOMBER SUSPENSEFUL MUSIC]
♪
[CARISI SIGHS]
I'm sorry.
- What the hell was that?
- I don't know.
All right? One minute
I'm in a courtroom,
and then I see Deonte smile at me,
and it's like I'm
right back in that deli
and I
I lost it.
Yeah, that's an understatement.
Goes without saying I'm
not going to redirect you.
What do we do now?
There is no "we."
You're acting like we're
partners, and we're not.
♪
[CARISI SIGHS]
♪
Hey.
Hey.
Now what?
♪
I don't know.
I'm not losing this case.
♪
I am not losing this case.
[SOFTLY] Mm.
♪
One thing I know about Deonte,
is he is a follower.
First it was Boyd, then it was Vaughn.
So what are the
chances he's been in Rikers
for the past six months without
someone to tell him what to do?
♪
I let Deonte get into my head.
We got to find a way to get into his.
- So who is this guy?
- Jay Goldstein.
He's a fake lawyer
awaiting a murder trial
for poisoning his
mother with antifreeze.
- Antifreeze, huh?
- Mm.
Carisi thinks he can help us?
Yeah, before Vaughn came along,
Deonte was working
his case with this guy.
Well, Goldstein's not a real lawyer,
so there's no
attorney-client privilege.
- He's willing to talk to us?
- Oh, yeah.
He isn't even asking for anything.
I guess he took offense to
being ditched for Vaughn.
Mr. Goldstein?
Yes!
Thank you for meeting with us.
Happy to help.
[HANDS SLAPPING TABLE]
Ms. Rourke, are you planning
on recalling ADA Carisi?
Not at this time, Your Honor.
Prosecution rests.
Mr. Vaughn, you may
call your first witness.
Your Honor, we call Deonte Mosley.
Boyd first saw Elizabeth Alden
and Tess Milburn
crossing towards the deli
when we was walking up
the other side of the street.
And what did Boyd say?
He thought they looked pretty.
Might have ATM cards.
See, Boyd just got out of prison.
He was looking to party.
And what did he do?
He pulled out two guns.
And he told me I had a choice
to make as his ride or die.
And, uh, what did he mean by that?
That if I didn't ride
with him at that moment,
he would shoot me.
So Boyd Lynch
threatened you, coerced you?
Him being my cellmate is a
big part of why I stayed safe
when I first went to prison at 19.
No one messed with him in there.
He was crazy.
[SIGHS] Nothing further.
So it's your contention
you were afraid of Boyd Lynch, right?
Yeah.
Like I said, he forced me.
I was under
Duress.
He pointed a gun at me.
Out of curiosity,
where did Boyd get the guns?
[CLEARS THROAT]
Where did he get them?
You said he'd just
gotten out of prison.
I'm assuming he didn't get them there.
So, you must have brought
them to him, didn't you?
Objection.
Speculation.
Withdrawn.
We heard earlier testimony
that Boyd Lynch was
in the deli's walk-in cooler
with Tess Milburn for 40 minutes?
Y-yeah, I guess.
And you were armed the whole time?
Yeah.
And you knew the
police were right outside?
Yeah. So?
So the question I have for you is,
if you were so afraid of Boyd,
why didn't you just
walk out of that deli
when you had the chance?
[TENSE DRAMATIC MUSIC]
♪
Nothing further.
♪
So Mr. Goldstein was Deonte's
unofficial jailhouse counsel?
He was helping him with his
case until Vaughn came along.
Deonte told him the
real reason he shot Boyd.
- And he's willing to testify?
- To everything.
I don't know if the judge
will allow it at this point.
OK. Look, this is our
chance to win this case.
You got this.
Would you mind
stating your name, sir?
Jay Marcus Goldstein.
Mr. Goldstein,
would you tell the jury
what your relationship
is to Deonte Mosley?
Yes, I advised Deonte about
his case for about two months
before he found this,
uh, Mr. Vaughn here.
Did Deonte talk to you about
his potential self-defense plea?
He wouldn't shut up about it.
Then Vaughn comes along,
he bolsters that line of crap.
Your Honor, are we really
going to take the word of a man
who murdered his own
mother over my client's?
I've already allowed
this witness, Mr. Vaughn.
You'll have your chance to cross.
Ms. Rourke, continue.
What did he tell you exactly?
The truth.
The only reason why he whacked Boyd
was so he couldn't
testify against him.
Mr. Goldstein, did
Deonte Mosley tell you
that he knew his former
cellmate, Boyd Lynch,
was a convicted rapist?
Yes. It didn't seem
to matter to him.
In all your talks with him, what
did matter to Deonte Mosley?
The only thing that
matters to Deonte Mosley
is Deonte Mosley.
[SUSPENSEFUL MUSIC]
♪
Members of the jury,
have you reached a verdict?
We have, Your Honor.
On the four counts of armed robbery,
we find the defendant guilty.
Murder in the second of Ali Imran,
we find the defendant guilty.
Murder in the second
degree of Boyd Lynch, guilty.
On the charge of rape in
the first of Tess Milburn,
we find the defendant not guilty.
Members of the jury,
the State of New York
thanks you for your service.
♪
You should have taken that deal.
♪
[ROURKE SIGHS]
Headed back to Brooklyn?
Unless you want
to share your office.
What, like partners?
Uh, tell you what.
You ever want to move to Manhattan,
I'll put in a good word.
I'll let you know.
I know this isn't what you wanted.
Well, actually, I'm
I'm OK.
To be honest,
I never thought I could sit in that
In that witness box.
And that part's over now.
Deonte is going to be in
prison for the rest of his life.
Thanks to your husband.
Neither one of us would
have survived without him.
[TENSE SOMBER MUSIC]
Tess, I, uh
I wi I wish I
I could have, um
[SOFT DRAMATIC MUSIC]
Thank you.
♪
♪
She seems like she's going to be OK.
She made the decision to move on.
Maybe it's
It's time you did too.
♪
I think you already have.
♪