I'm sorry.
- Is Jesse around? - No, it's his day off.
- Can I get you a drink or somethin'? - No, thank you.
- Mr Joyce? - Hi.
I'm Deputy District Attorney Kathryn Murphy.
I'd Iike to taIk to you about the night of ApriI 18th and the rape at The MiII.
- I don't know anything about it. - Yes, you do, Mr Joyce.
- You want to talk over here? - Sorry. I got a class.
Your class can wait. You were there. Your name is on the video machine.
And I'm caIIing you as a witness.
Now would you like to sit down and talk about it?
What do you want? You got the ones who did it.
I'm prosecuting the others. The ones who cheered them on.
- I didn't see a thing. - Yes, you did.
You were in the room all night. You saw everything.
Those other guys didn't do anything.
They probably didn't even know what was going on.
It was Iike a show. Big deaI. They watched.
I bet if you asked a thousand peopIe, 999 wouId watch. It's no crime.
They did more than watch, and that is a crime.
Wanna tell me about it?
Look, if you don't tell me about it now,
you'II have to teII me about it on the witness stand.
Why? This isn't my business. I don't care about this.
Yes, you do.
- Birchfield County Emergency. - I'd like to report a girl's in trouble.
- May I have your name? - Listen, a girI's in troubIe.
- It's The MiII, the bar on MiII Road. - Sir, I must...
She may be hurt. An assault's going on. It's a rape. There's three or four...
Arriving at the courthouse now is Kathryn Murphy,
the deputy district attorney in this precedent-setting case.
With her is Sarah Tobias.
This is our first chance to see the victim in person.
Will you put Miss Tobias on the stand?
- Who else will you put on the stand? - No comment.
- Is your friend testifying against you? - Son of a bitch.
- Did you make a deaI with the defence? - No comment.
Are you deaf, asshole? No comment.
You'II wait right here for the officer to come and get you.
- What are you doing here? - MoraI support.
Saw Whitewood having breakfast with Anderson. Seemed in a good mood.
Good Iuck, Sarah.
Sarah Tobias? Please come in.
Do you swear to tell the whole truth and nothing but the truth, so help you God?
I do.
- State your name. - Sarah Tobias.
Please be seated.
Miss Tobias, on the night of the rape at The Mill...
Objection. These men are not on triaI for rape.
Your Honour, it is imperative that the jury understand
what was happening to Miss Tobias before, during and after the rape.
Miss Murphy, you may continue your Iine of questioning, but be brief.
Thank you, Your Honour.
Miss Tobias, can you please tell us what happened that night at The Mill?
Well, my boyfriend...
My boyfriend and I had a fight,
so I got in my car and I drove to see my girIfriend SaIIy at The MiII.
I figured she'd be gettin' off work and we couId taIk.
- She worked there? - Yeah. She's a waitress, just Iike me.
So anyway, she was on a break.
We were sittin' in this booth, talking,
and this guy Danny sent over a couple of drinks.
She knew him so we took the drinks and he sat down
and we started talking.
And he was funny. You know. He had a Iine.
So what happened next?
A bunch of guys went into the back room to play pinball.
So me and Danny went in and we started playing with this guy Bob.
And, after I finished my turn, I went to go have a smoke.
You know. Smoke a IittIe pot.
Somebody put some money into the jukebox
and this song I reaIIy Iiked came on the jukebox,
so I started to dance.
And then Danny comes up and he starts dancing with me.
ReaI cIose.
You know, tight close.
And then he kissed me.
I'm sorry, Miss Tobias. CouId you pIease speak up?
He kissed me.
Did you try to stop him?
No. I Iet him kiss me, because I figured he was drunk and he was stoned
and that he would kiss me and then he would leave me alone.
And then he put his hand up my shirt and he grabbed at my breast.
I tried to push him away but he kept puIIing me cIoser.
And he put his hand on my throat.
And he's a really strong guy, you know.
And the next thing I knew...
Please go on, Miss Tobias.
He was squeezin' my throat with his hand,
and he pushed me down on the pinball machine,
and he ripped my shirt.
He Iifted my skirt.
He pulled down my underpants, really hard.
I wanted to move, but he was hoIding me down reaIIy hard.
And he was jammin' his...
He was kissing me very hard and he was jammin' his hand on my crotch.
I heard a bunch of people yellin' "Hold her down."
Then the big guy - Kurt - held my arms down.
I couId hear 'em yeIIing and cIapping and cheering.
And then...
Danny put his hands over my mouth, over my face,
and I shut my eyes.
He was inside of me.
And then...
And then they switched.
I could hear 'em sayin' "Frat boy".
Then Bob was inside of me.
There was all this yelling and clapping and laughing.
Then I heard 'em call for Kurt: "Needle dick".
Then they switched again,
and Kurt was inside of me.
They were yelling "Kurt, Kurt", and there was all this chanting.
Please continue, Miss Tobias. What did they chant?
Something...
"Poke that pussy."
The room was full of people cheering this on?
Yeah, and I kicked him reaIIy hard.
I ran out into the road.
This guy picked me up and took me to the hospitaI.
No further questions, Your Honour.
Miss Tobias, my name is Ben Wainwright.
Now, I know this isn't easy for you,
so I'm going to ask you onIy a handfuI of questions.
Now, you have testified that all the men present were strangers to you.
You've also testified that, while you were on the pinball machine,
that you mostly kept your eyes closed.
Is that right? Your eyes were cIosed?
Yes, sometimes.
Is it fair to say that you can't teII us who appIauded or who shouted?
Is that fair?
I...
Is it possibIe that onIy one person shouted?
No. There were different voices.
So at Ieast two, then. CouId it have been onIy two?
No. They overlapped.
Miss Tobias, you testified that you were assaulted by three men. Is that right?
- Yes. - OK.
Is it possibIe - and I'm just saying possibIe -
that the only ones who shouted were among your assaulters?
No. The voices were coming from further away.
OK.
Miss Tobias,
you had had severaI drinks,
you had smoked marijuana,
the TV was playing, the jukebox was playing,
you were in a room full of noisy video games and pinball machines,
you had your eyes closed, sometimes,
and you were being assaulted.
Now, given these conditions, can you truly say
how many voices you heard
and where those voices were coming from?
No.
Is it fair to say, then,
that you can't tell us who applauded or who shouted?
Is that fair?
Yes, that's fair.
OK. Thank you.
Miss Tobias, while you were on the pinball machine,
did you at any time cry "Help" or "Rape"?
No. I tried but they were covering my mouth.
They were either kissing me or they had their hands all over my mouth.
I kept saying "No."
"No"?
Right. I said "No."
Not "Rape" or "Help" or "Police",
but "No"?
Right. "No."
- Did anybody hear you? - I don't know.
Did you signaI to anybody in the room? A hand signaI?
No. My hands were pinned down.
SignaI to anybody with your eyes?
No.
- Were you struggling? - Yes.
Anybody see you struggling?
They must have.
Miss Tobias, can you in any way prove to us
that someone in that room - anyone - saw you struggling
or heard you say "No"?
No.
No more questions.
Miss Tobias, while you were being gang-raped, what were you thinking?
- Thinking? - Yes. What were you thinking?
What words came into your head?
Three men were repeatedly raping you, holding you down and raping you,
and their friends cheered and clapped,
and you Iay there naked, defenceIess, struggIing, weeping and in pain.
What words came into your head?
What words?
"No."
No further questions, Your Honour.
The witness is excused.
- How you doin'? - Good.
- Did you cut the whole day to come? - It's no big deal.
- How you doin'? - I've been better.
So how's everything? What have I been missin'?
Listen.
They're prosecuting three other guys in the bar who were cheering.
They're making me testify. But you have absolutely nothing to worry about.
- I just wanted to teII you. - Nothin' to worry about?
- Are you out of your fuckin' mind? - You're not even on triaI.
- What are you gonna say? - I'm gonna teII 'em what happened.
And what happened?
Come on, man. You know.
A bunch of guys were cheering and yelling and stuff
as you, Kurt and Danny... well, you raped her.
Who said I raped her? I'm not in here for rape.
Did you see me rape her, Ken?
- What do you think? - You didn't, did you?
Yes, I did, Bob.
Ken, if you say that, you know what happens to me?
- Nothing's gonna happen. - No.
Instead of my nine months in here, the paroIe board'II turn it into five years.
- They're making me do this. - No.
AII they can do is caII you. They can't make you say anything.
You don't remember. You were drunk, too confused to get any of it straight.
I don't wanna Iie, Bob.
Do you wanna come visit me here for the next five years?
- Hi. - Hi.
- I hope you Iike it bIack. - I do. Thanks.
I meant to teII you. This week, Leos, they frighten away friends...
Not now, Sarah, please.
Sorry.
Excuse us, Miss Murphy.
Mr Joyce has something to tell you and Miss Tobias.
He doesn't truly remember the events of the night in question.
And he only told you what he told you because you coerced him.
He says if you put him on the stand, he will recant. He'll take it all back.
Did you have something to do with this?
I suggest you notify the court and the defence that he won't be testifying.
In fact, it might be Iess awkward if you move for immediate dismissaI.
Wait right here, one minute.
Why?
I don't remember.
I onIy toId her what I toId her cos she forced me to.
And if she makes me take the stand, I'm gonna recant it aII, take it aII back.
- Why? - I toId you. I don't remember anything.
You're full of shit.
Where do you get off tellin' me I'm full of shit? I was there, remember?
Right. You were there and you saw me have a few drinks.
You saw me blow some grass. You saw me flirt a little bit.
And then you saw me gang-raped.
And you think that I had it comin'.
- You're just Iike aII the others. - My best friend is in prison.
If I do this, they'II keep him for five years.
Your best friend is just some great guy
and I'm just this IowIife whore that he raped right in front of you.
You're not Iike aII the others. You're worse.
That's not true. I'm not Iike that. OK?
Are you scared?
Yeah.
Me, too.
Your Honour, The People call Kenneth Joyce.
Do you swear to tell the whole truth and nothing but the truth, so help you God?
I do.
- State your name. - Kenneth Joyce.
Be seated, please.
Mr Joyce, were you in The Mill the night of the events involving Sarah Tobias?
Yes.
Would you please recount for us what happened?
It was Iate, and me and my friend Bob had been to the game.
Then afterwards he took me to this bar he sometimes goes to, The Mill.
We had been there for a while when this girl walked in. She was really sexy.
She was sitting at the table behind us, talking to her friend.
This guy Danny was sitting at the end of the bar, and he saw her come in too,
and he sent the bartender over with some drinks.
So I'm washin' dishes and I hear Bonnie screamin' her head off and go "Great."
So Chip walks out in cowboy boots and goes "I didn't just kick her in the head."
- Hey, dude. - What's goin' on?
- He's cute. Who's he? - Bob something.
Some college guy.
I shouId take him home and fuck his brains out right in front of Larry.
Yeah, right.
Can I watch?
Behind you. Blonde girl.
Wants me in a big way.
Jesse, come here.
Here we go, Iadies. CompIiments of the gentIeman at the end of the bar.
What do you think he'II do?
- Evening, Iadies. - Danny, this is my friend Sarah.
- Thanks for the drinks, Danny. - It was my pIeasure, Sarah.
Were you talkin' shop?
No, we were talking modern romances.
Yeah? I'm a romantic. That makes me just Iike you, Sarah.
And you are one romantic-Iookin' girI.
Woman.
Danny. It's your turn.
- Romantic? - She didn't come with me.
You don't have to take my word for it. Walk in the back and see for yourself.
OK.
This is the game room.
Then she got up and followed him into the game room.
Pretty soon they were playing pinball with Bob and getting really loaded.
- I got 100. - That's a doubIe.
She's on a roll. Quick reflexes there.
- You better shut up. - I don't wanna distract you.
Come on, Iight it up. Keep goin'.
Hurry up now. She can score.
- Yeah. Go. - Oh, yeah.
- You Iose. - No, I'm the winner. I don't Iose.
- Check the score. - Look at that.
- There you go, paI. - Lucky shot.
Lucky my ass. Lucky you wish.
Yeah?
Looks Iike her hand's connected to her ass.
What's your problem?
Who is she? Get her outta here. I hate her.
- You're up. - Maybe next time, OK?
Knock it off.
- Go for it. - I'm gonna.
You gonna keep that all to yourself?
Yeah.
- Didn't your mom teach you manners? - No.
- Angela, go put some music on. - I don't have any change.
Angie, I got some change.
- You're so funny, I can't stand it. - I know. Everybody teIIs me that.
- So modest, too. - I'm very modest. Let's get outta here.
- Look who's gettin' bossy. - I'II even Iet you drive.
- Do you know how to drive? - Do you know how to walk?
- Let's get outta here. Come on. - No. I Iove this song.
- Are you off, honey? - Yeah. I don't Iike the show.
Now I hope it's gonna be me.
- Young Iady, have you been drinking? - Who, me? No, officer.
That's it. I'm taking you in.
Listen. I gotta go cos I've gotta work tomorrow.
- I'm a workin' thing. I gotta go. - OK. What do they pay you?
I'm too drunk, man. I gotta go home.
Mr Funny Man, I gotta go.
Come on.
Yo, Dan.
Wait a minute, will you?
Come on, man.
- Go, Danny. Fourth-and-one. Stick 'em. - Right.
- AII right. - No!
Yeah, yeah!
Man, he's gonna fuck her right there.
AII right, Danny. Good man.
Grab her hands, Kurt.
- Go on. - AII right, Danny!
Come on, Dan. Go for it, Dan.
Come on, big guy. Smell that new blood, baby.
That's it, Danny. Make her come. Come on. She's Iovin' it.
College boy, you're next.
Come on, Dan.
Fuckin' pump. Yeah.
That's it, man. Go.
AII right!
Frat boy! Frat boy!
Get the frat boy in there. Come on, move.
- Go get her, frat boy. - Your turn.
No!
Pump that college ass of yours, boy.
That's it. Pump that fuckin' college ass.
- Come on. Go. - Stick it to her.
Hold her down.
Is she ready to come? I can't see.
Hold her down.
Make her fuckin' moan, man.
- Hold her down. - Make her moan.
Kurt, watch the young kid. You might Iearn somethin'.
Shut the fuck up, asshole.
- Whoa, man. Listen to needle dick. - Kurt, come on.
- Kurt, are you a faggot? - You Iet him taIk to you Iike that?
You pull down your pants, we'll see silk panties?
Shut the fuck up.
Kurt! Kurt!
Yeah, you got the champion.
- Whoa, here comes Kurt. - Come on. Go. Fuckin' get her.
Come on, Kurt. Gotta see his panties.
Come on, Kurt. Go ahead.
Come on. You're next, huh?
One, two, three, four, poke that pussy till it's sore.
No!
Mr Joyce, do you believe that Sarah Tobias instigated that rape?
No, I don't.
Thank you.
So?
So Ken helped. Larry - I don't know.
Jesse hurt.
What about Sally?
Bad, huh?
Shit.
You wanna go for a drink?
No. I have to put together my summation.
What are our chances?
Fifty-fifty, at best.
Good night.
Your Honour, my colleagues have agreed to a single summation.
No objection, Your Honour.
Ladies and gentlemen, the state has charged these three men with a crime.
The state has supported that charge with the testimony of two witnesses.
Sarah Tobias, who told you how three men raped her,
and how she heard other men shouting encouragement to her attackers.
Did she name these other men?
No.
Did she describe these other men?
No.
Could she tell you what these other men shouted?
No.
Her sworn testimony - her poignant, heart-rending sworn testimony -
was an appeaI to your pity.
And if her story is true, you should pity her.
But even if her story is true and you do pity her,
that has nothing to do with this case,
because those three men did not rape her.
Her sworn testimony is nothing, and you must treat it as nothing.
Now, if you wish,
you can also treat as nothing the testimony of her lover, Larry,
who told you what kind of woman she is.
And you can treat as nothing the testimony of the bartender, Jesse,
who told you that she was so drunk, she could barely stand.
And you can treat as nothing the testimony of her friend, Sally,
who told you Miss Tobias's intentions when she first saw our clients.
Our case does not depend on those witnesses,
just as The People's case does not depend on Sarah Tobias.
The People's case depends on Kenneth Joyce.
If you beIieve him, you'II convict those three men.
And if you don't, you'II acquit them.
Do you believe him?
Why did Kenneth Joyce testify?
Every day for months, he said to himself "I'm guilty."
"I'm guilty."
Finally he was offered a way to purge that guilt, and he took it.
Kenneth Joyce told you he watched a rape
and everyone else in that room watched a rape.
How did he know that? Did he read their minds?
To solicit a crime, you must first know that it is a crime.
Who knew it?
Kenneth Joyce.
Do you think it matters to Kenneth Joyce who shouted?
In his mind, every person in that room was guiIty. He toId you that.
And Kenneth Joyce - who is guilty, who did watch a rape and do nothing -
will purge himself by bringing down anyone who was in that room.
And, of course, at no IegaI cost to himseIf,
while those three men face prison.
Do you believe him?
If you do, convict.
And if you don't,
and I know you don't,
acquit.
Miss Murphy?
Ladies and gentlemen,
Mr Paulsen has told you the testimony of Sarah Tobias is nothing.
Sarah Tobias was raped, but that is nothing.
She was cut and bruised and terrorised,
but that is nothing.
AII of it happened in front of a howIing crowd,
and that is nothing.
It may be nothing to Mr PauIsen, but it is not nothing to Sarah Tobias.
And I don't beIieve it's nothing to you.
Next Mr Paulsen tried to convince you
that Kenneth Joyce was the only person there
who knew that Sarah Tobias was being raped.
The only one.
Now, you watched Kenneth Joyce. How did he strike you?
Did he seem especially sensitive?
Especially observant?
Did he seem so remarkable that you immediately thought
"Of course. This man would notice things other people wouldn't."
Do you believe that Kenneth Joyce saw something those three men didn't see?
In aII the time that Sarah Tobias was heId down on that pinbaII machine,
the others didn't know?
Kenneth Joyce confessed to you
that he watched a rape and did nothing.
He told you that everyone in that bar behaved badly.
And he's right.
But no matter how immoraI it may be,
it is not the crime of criminaI soIicitation to waIk away from a rape.
It is not the crime of criminaI soIicitation to siIentIy watch a rape.
But it is the crime of criminaI soIicitation
to induce, or entreat, or encourage or persuade another person
to commit a rape.
"Hold her down", "Stick it to her", "Make her moan".
These three men did worse than nothing.
They cheered, and they clapped,
and they rooted the others on.
They made sure that Sarah Tobias was raped,
and raped, and raped.
Now, you tell me.
Is that nothing?
- What time is it? - You just asked me that.
They want Ken Joyce's testimony read to them again.
I don't get it. That's the third time for him.
- How come they never ask for mine? - Because they believed you.
Look, I did your chart. You're reaIIy gonna Iike this. This is great.
Look at this. Saturn in the tenth house is career and ambition.
Mercury ruling the tenth, public work.
And you had Sun and Pluto in the tenth. That's law and higher understanding.
I'm teIIin' you, the tenth house is reaIIy exceIIent.
You could be president or something.
What about you? What's your future?
I forgot it at home.
Don't you remember it?
Yeah, it's just...
It's seventh house, mostIy. It's Iike feeIings, faith, intuition, mystery.
Really useful shit.
Do I have any of that?
Yeah, you do.
You got a IittIe bit right there. See that?
Keep it.
I was gonna sign it, but I figured you're not reaIIy into that kind of stuff.
Will you sign it, please?
Thank you.
Likewise.
Still no verdict in the precedent-setting Tobias trial. As the jury continues...
On the second day of deliberations, the jury shows no signs of a quick verdict...
The jury has been out for two days. While both sides express confidence,
one thing is certain: this will be an historic decision.
They're coming in.
Ladies and gentlemen, have you reached a verdict?
We have, Your Honour.
Will the defendants please rise and face the jury.
We find the defendant Matthew Haines
guilty of criminal solicitation.
We find the defendant Stuart Holloway guilty of criminal solicitation.
We find the defendant Clifford Albrect guilty of criminal solicitation.
Sentence will be imposed two weeks from today at ten.
This court is adjourned.
Miss Murphy, what was the deciding factor?
Well, there were many.
- I'm very pIeased that it's over. - What are your pIans now?
I'd Iike to go home and pIay with my dog.
Subtitles: Doreen Trenerry