The Accused Page #2

- At night. Seven. August 9th.

- Where?

- Portland.

Do you always drink

to smooth out the edges?

No. Sometimes I'll take

a hit of pot or something.

Why? You want some?

Did you have anything to drink

before you went to The Mill? Or smoke?

Half a joint, a couple of beers.

You know. Nothin' heavy.

And while you were there?

I don't know. I mean, I wasn't

falling-down drunk or anything.

- How were you dressed?

- What's that supposed to mean?

It means

were you dressed provocatively?

Showing cleavage?

See-through blouse?

What the f*** does it matter?

They tore it off of me.

Did how you dressed make those guys

think they could have sex with you?

- Did you put on a show?

- What the hell are you talkin' about?

You saw me at the hospital. You think

I asked for that? Is that what you think?

Then you get the f*** outta my house.

Why didn't you tell me

that you had a record?

F*** you.

I ain't got no record.

You wanna tell me about it?

All right. Look.

I was helpin' my girlfriend move

with a U-Haul.

Goin' through Jersey we ran into a cop

and he sees we got a busted taillight.

He pulls us over, he starts

lookin' through her desk in the back

and finds half a gram of coke.

It was nothin' big.

- It was her desk, not mine. Her stuff.

- So why is it still on the books?

I don't know. You tell me.

My record was definitely...

- Expunged?

- Yeah, expunged.

Have you ever made love

to more than one man at a time?

What the f*** kinda question is that?

The kind you're gonna be asked

on the stand.

You'll be asked if Larry or any other

man ever hit you and if you liked it.

You'll be asked about your drug bust

and how many drinks a day you have,

and how many joints,

and how often you go to bars alone,

and whether you wear underwear,

and how many abortions you've had.

And I will object to all those questions.

And sometimes

the judge will sustain me.

But sometimes not.

That ain't fair.

Sarah, you're a witness. The defence's

job is to show you're a rotten witness

because you've got a rotten character.

I got a rotten character?

You won't defend me

because I'm some low-class bimbo?

I didn't say that.

- Will those bastards go to jail?

- Is that what you want?

I want those motherfuckers

put away for ever.

Sarah said you were here that night.

Yeah, I was here.

But I didn't see what happened.

But if Sarah says she was raped,

she was raped.

Can you identify

the men who assaulted her?

No, I was out there.

Anyway, a bunch of guys were blockin'

the door, so I really couldn't see.

It was the end of my shift,

so I left while she was still in here.

- Do you know any of these guys?

- No.

There was a bunch of 'em that were

real rowdy. You know. Yellin', clappin'.

I really just thought she was partyin'.

You know?

- Is there anyone you can identify?

- Like how?

Did you notice anything different

about any of them?

Let's say long hair?

Beard? Moustache?

Birthmark? Bandanna?

Jewellery?

Scar? Tattoo?

Tattoo. Yeah.

Can you describe it?

A scorpion. One guy had a scorpion.

How many drinks

would you say she'd had?

I don't know. She was pretty loaded.

She'd just had this big fight with Larry -

the guy she lives with.

She just needed to cool out a little.

What do you know about Larry?

Not much. Except he's an a**hole.

He says he's a musician

but he's just a dealer.

He rides a motorcycle.

Come on, man. Gimme a break.

These guys are my bread and butter.

You sure you didn't see anyone else?

Some kid I never seen before played

one of the video machines all night.

- Who was with him?

- Nobody I saw.

Jesse, I'm gonna phone

the state liquor authority

and tell 'em how you kept servin' booze

while a violent felony was

committed in your back room.

- Ready?

- Yes. Thanks, Jesse. We'll talk.

I need these by 11. See you tomorrow.

Is he free?

- Game time. Let's go.

- I know. Just a second.

I really don't believe this.

- Tina, where the hell are the tickets?

- You gave 'em to me to hold.

- How are you doing on Tobias?

- We'll talk about it at the game.

Tina, if Charley calls,

I'll be home after 11.

Ref, cross-checking!

Open your eyes, will ya?

Take him out, Donovan!

- Play hockey.

- Did you see that?

Thanks.

Thanks.

If I take it to trial, they'll destroy her.

She walked in alone, she got drunk,

she got stoned, she came on to them.

- She's got a prior for possession.

- That's inadmissible.

Sure, but they'll ask her about it.

I'll object, the judge'll sustain it,

but the jury'll hear it.

I read her Q and A.

Gang-raped on a pinball machine.

- It's an ugly case.

- But is it a winnable case?

Kathryn, we understand

that you love to win.

But I can't let you dismiss this

because you don't have a lock.

A lock? I don't have a case.

Her girlfriend didn't see anything,

the bartender didn't.

The others either didn't see anything

or didn't think it was anything special.

I got Polito, but once the defence

brings up that he's on probation,

they'll know that we squeezed him.

What about the guy who called,

who reported it?

We have his voice on tape, but we don't

know who he is or where to find him.

Kathryn, do you believe

she was raped?

Yes. But I can't win it.

And they can't walk.

So make a deal and you put 'em away.

- A deal with what?

- You got enough. Go for rape two.

Any felony, as long as it's a violent one.

Assault, coercion,

reckless endangerment, menacing...

- I can't do that.

- You said she was raped.

So make a deal and put 'em away.

I don't care if they only get six months.

Just make a deal and put 'em away.

Do you understand, Mr Polito, that

you'll be testifying before a grand jury?

Yeah, I got that.

And you'll be testifying

against people you're acquainted with?

Yeah.

Mr Polito, have I or anyone in the

sheriff's department or the DA's office

offered you any inducement to testify?

Money, gifts, anything?

- No.

- Thank you, Mr Polito.

Well, he's just a taste.

The bar was filled with witnesses.

We anticipate that they'll all

testify for The People.

Anticipate? A hundred says

you'll have to drag 'em into court.

And they'll be useless

cos they were too drunk.

Whatever you say.

Keep in mind that we don't need

corroboration to prove rape.

And we do have medical evidence:

No doubt about penetration.

And physical evidence:

No doubt about force.

- What will you take?

- Rape one.

We were thinking more

in the line of sexual abuse two.

Rape one. Maybe I could convince the

judge not to give them the maximum.

I'd rather go to trial.

Fine.

By the way, no separate deals.

One goes to trial, all go to trial.

What would you say to

sexual abuse one?

- I'd say rape one.

- Cut the crap. Polito looks like sh*t.

You don't have anybody better.

And your complaining witness?

She walked into a bar,

got loaded and stoned,

and did everything but yank their d*cks.

No jury'll buy her.

What would you say to rape two,

with a recommendation for one year?

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