Chapter 3
Benson and Stabler entered the SVU offices and stopped at their desks to see what the rest of the team had come up with in their absence. Captain Donald Cragen stepped out of his office to greet them.
"Its almost midnight. Do you two intend to do anything about the kid and his lawyer waiting in interrogation?"
"Oh, don't worry, that's our next stop," Stabler said with a malicious smile. "Is the kid climbing the walls yet?"
"The lawyer's keeping a tight rein on him, but he's definitely close to the edge."
"Good," Benson said. "He deserves whatever misery comes his way after what he did to David Gallagher."
"So it's definitely non-consensual?" Cragen queried.
"Justin slipped him a roofie - that automatically makes it non-consensual," Benson said with a touch of bitterness. "But all you have to do is look at David's face on that video to know it for sure."
"Have you got proof of the drugs?"
"Justin admitted it to the Dean."
"And when he recants, as we surely know he will?"
"No corroboration yet, but we're just getting started," Stabler said. "It's been almost a week so nothing is going to show on the drug screen. We'll interview all the party boys tomorrow and get one of them to roll on him."
"What about the vic?"
"He remembers taking a bottle of beer from Justin and drinking it, then not feeling well and laying down on Justin's bed. He doesn't remember anything else until the next morning."
"How old is the vic? Can we get him on provision of alcohol to a minor?"
"Afraid not. David turned 21 last month."
"Are we sure he's going to press charges?"
The detectives looked at each other, then Benson spoke, "We didn't get a chance to ask him that question directly, but he told the Dean he didn't want to press charges."
"But we'll change his mind," Stabler said with determination.
"Well that's just wonderful, Elliot," Cragen snapped, "but in the meantime you realize we've got nothing. We can't even justify holding him the standard 24 for suspicion on what you've got right now, which is basically consenting adults with really bad judgment."
"Then we'll get what we need in the interview. I don't intend to let this perv walk."
"Make sure you do so we can take these bastards down hard. No screwups. The kid's uncle is a bigwig so I'm already taking a lot of heat on this one. And once it goes public, it's going to become a media circus."
"I can see the headlines now - The Top 10 Sex Clubs on American Campuses, with Elmhurst in the #1 spot," Benson said without a smile.
"They better get a big supply of valium for that p.r. lady -- what was her name?" Stabler commented as he picked up the bulging file on David Gallagher's kidnapping and recovery that was sitting in the middle of his desk.
"Jenkins, Trudy Jenkins," Benson replied absently, as she flipped through the stack of interview summaries on hers.
"I'm serious about this, Elliot," Cragen said. "If you don't get what we need in the interview, we're going to have to street him. Don't let that happen."
"I won't, Captain," Stabler said solemnly.
"Good. Let me know when you're ready to start," Cragen said before turning and striding back to his office.
Benson shook her head and shot her partner an exasperated glance behind the Captain's back before saying, "Munch and Fin went back to do follow-ups with all the administrators while we were at the hospital. They left us copies of their notes. There's some interesting stuff here. You should look it over later. Did you get a chance to go over the interview summary Jacobs gave us?"
"Yeah. He wasn't asking the right questions to get what we need, but there's some good background stuff in there we can use with this dirtball," Stabler replied absently, a frown creasing his forehead as he continued to scan David Gallagher's file. "Jesus Christ," he muttered, stopping to re-read the page in front of him.
"What is it?"
"According to the interview David gave after he was found at the mall, the guy who took him lost interest in him around the time he turned 11. Instead of just letting him go, he traded him to other pedophiles for younger boys or prostituted him to get money to finance their life on the run."
"That poor kid."
"The last guy did a 'Pretty Woman' and rented the kid for a month. He must have grown a conscience momentarily, because he's the one who dropped David at the mall and called the Phoenix PD to come get him. Of course, that wasn't until the month was over and it was time to give him back," Stabler added bitterly.
"Hmpf. A very convenient conscience," Benson replied with disgust, as she shook her head sadly.
Stabler didn't answer as he finished reading the report, noting the description David had given of his 'savior' - tall, approximately 5'10" or 11" with a trim, athletic build, early 40s, short dark hair, blue eyes. He had only told the boy his first name - Kristian.
Stabler's eyes narrowed and his jaw set in a line of suppressed fury. He knew it wasn't David's fault that he'd confused him with this man. The physical description was so close, it sent a chill down his spine. But the thought that anyone could mistake him for the type of man who could do the things that had been done to that helpless child --.
"Elliot, what is it? Are you okay?" Benson broke in, looking at him with concern.
"Yeah," he mumbled, forcibly pushing back the anger and trying to clear his head for the upcoming interview. "Let's get this over with. It's been a tough day and I'd like to try and get some sleep before we have to tackle the rest of those interviews tomorrow."
Benson continued to stare at her partner in concern, seriously doubting he'd be getting any sleep that night. "Okay. You let Huang and the Captain know we're ready. I'll grab us some coffee and meet you there."
As the detectives entered the interview room, each with a cup of coffee in one hand and a notepad and pen in the other, a heavyset, middle-aged man with short graying hair and a neatly trimmed beard and mustache of the same color jumped up from his seat.
"It's about time! This is outrageous! You've kept us waiting here for almost three hours. It's past midnight. This is harassment!"
Benson flashed him an apologetic smile and said brightly, "We're so sorry to have kept you waiting, Mr. . . . ."
"Billings, Stanley Billings. Of Wentworth, Stackhouse & Billings. I've been hired to represent Justin."
"Nice to meet you, Mr. Billings," Benson continued in the same calm, apologetic tone. "I'm Detective Benson of the Special Victims Unit. And this is my partner, Detective Stabler."
Put off by Benson's pleasant manner, the man stood stammering for a moment before his inbred politeness forced him to murmur, "Pleased to meet you," as he shook each of their hands.
"Hired by whom?" Stabler asked offhandedly as the man pumped his hand quickly.
"Excuse me?" Billings said, clearly taken aback.
"You said you were hired to represent Justin, hired by whom?"
The man looked at Stabler agape. "I . . . that's really none of your business, Detective, but if you must know, Justin's uncle is a good friend of mine. He's been the boy's guardian since his father died a few years ago. He's currently out of the country and asked me to keep an eye on Justin while he's gone."
"Looks like you didn't do too good a job," Stabler responded pleasantly, an insincere smile plastered on his face.
The man's face reddened and he began blustering, "I . . . You have no right . . . !"
The introductions had pulled Billings out of his seat and halfway around the table from his client. Stabler used the opportunity to swing back to confront Graves. "Hi Justin. Remember us? Sorry to keep you so long, but we just got back from the hospital."
"You took David to the hospital?" Justin leaped instantly at the bait. "Is he okay? How long does he have to stay there? When can I see him?"
"Be quiet, Justin!" Billings snapped.
The young man glared at his attorney in response and turned beseeching eyes to Stabler.
"He's being kept overnight for observation," Benson cut in. "The doctor was concerned about possible internal injuries from the assault. And they need to run some blood tests to make sure he didn't contract any diseases," she added with obvious distaste.
"Yeah," Stabler picked up the ball smoothly. "You'd think somebody who cared about David as much as you say you do would have made sure he got medical treatment right away after going through something as traumatic as that. Having fourteen guys sodomize you. That's gotta hurt," he added, absently rubbing a hand down his left hip.
Graves flushed guiltily as his eyes followed the movement. "It's not that bad," he said defensively. "And I had every intention of taking care of him. I kept calling and stopping by, but he wouldn't answer the door or return my calls. There wasn't anything I could do."
"Justin, I told you to be quiet!" his lawyer thundered, in a desperate attempt to shut his client up.
"It's not that bad?" Stabler mocked, ignoring the lawyer. "Really? You sound so confident. Like you know from personal experience."
"I do," Justin snapped back. "Everybody in the fraternity goes through it. It's not that big a deal. There are rules. Everybody's got to use plenty of lube and wear a condom. The guys in charge are adamant about that."
"You didn't use a condom when you jacked off in his mouth at the end," Benson jumped in.
"That . . . that's different."
"Why?" Stabler pressed.
"Stop!" Billings thundered. "Justin, you are not to say one more word or I am withdrawing from this case and leaving you to handle this mess on your own. Is that clear?"
Graves glowered at him but nodded sullenly.
"Now Detectives, has a formal complaint been filed against my client?"
"Not yet," Stabler said coldly, but we're expecting to have one some time tomorrow.
"In that case, we're leaving," Billings said through clenched teeth as he snapped his leather portfolio closed and shoved it in his briefcase. "Come along, Justin."
As the two rose to leave, Stabler sat back in his chair, looked Graves directly in the eye and said coldly, "Counselor, please advise your client to stay away from David Gallagher. David has made it clear he has no feelings whatsoever for Justin and wants nothing to do with him. If Justin attempts to contact him in any way, we'll assume it's an attempt at witness tampering and add a count of obstruction of justice to the complaint."
Justin's face had gone pale. "That's a lie! David never would have said those things. He loves me just as much as I love him. I know he does!"
Stabler laughed derisively. "Yeah, right. What's not to love. It's not every day you find a guy who'll lure you to his room, slip drugs in your drink, then let thirteen other guys do you up the ass while you're too out of it to fight back."
"And don't forget the part where David was asking him to make it stop and he just fed him vodka to keep him quiet," Benson cut in. "Or when he just walked away afterwards to go play with the other boys, leaving David alone and barely conscious, at the mercy of some other guy. Too bad the video ended there. I wonder what kind of fun the blond had with David after Justin left the room."
"That's not what happened! You've got it all wrong!" Justin yelled at them. "I love David! I never would have hurt him! And I never would have made him do anything he didn't want to do either. He wanted to be there. Just ask him. And Michael never would have done anything to hurt him either. He's our doctor. All he did was clean David up and help him to bed."
"If we've got it so wrong, Justin, why don't you tell us what really happened, from the beginning?" Benson said reasonably. "We'd really like to hear your side of the story, because what we've heard from other people so far doesn't jibe with what you're saying at all. Are you going to try to tell us Dean Jacobs is lying? He told us you confessed to him that you slipped a roofie in David's drink."
"No, he's not lying. I did tell him that, but it was a lie. I was trying to protect David, not hurt him. Getting expelled would have killed him. His parents taught at Elmhurst; it's all he has left of them. He was already in meltdown when I got in the room. I had to do something to get the Dean to stop yelling at him. I didn't think it mattered what I said, because I knew I was going to be expelled anyway. It never occurred to me the Dean would call the police about it."
"You really expect us to buy that pile of crap?" Stabler snapped with an incredulous laugh.
Graves opened his mouth to speak again, but Billings bellowed, "That's enough! This interview is over! Walk out of the room right now Justin!" When his client hesitated, the man yelled again, "Now!"
"Afraid not," Stabler said, his voice solid ice. "As you well know, Counselor, we have the right to hold a suspect for 24 hours before arraigning him while we conduct our investigation."
"Investigation of what?" the lawyer retorted just as coldly. "You've got a videotape that shows consenting adults participating in consensual sex. The only reason you thought my client committed a crime was because of a statement he made to a third party which he just told you was a lie intended to protect his friend from being expelled. Last time I checked the penal code the only time lying is a crime is when it's under oath. You have absolutely no reason to hold my client other than to harass him because of his sexual preference."
"Excuse me!" Benson said, stunned. "That's ridiculous and you know it! This has nothing to do with your client's sexual preference and everything to do with him being a rapist. He'd be headed for a cell regardless of the sex of his victim."
The argument was interrupted by the slamming of the door against the wall as Captain Cragen stormed in. "That's enough for now people. Mr. Graves is being released into your custody for the moment, Counselor, but he is not to leave town without prior notice to the District Attorney's office and he's to surrender his passport to them until our investigation is completed."
"That's ludicrous!" Billings stormed. "You have no right to restrict my client's movements if he's not under arrest."
"Maybe not," Cragen shouted back, "but that's the deal your client's uncle -- the Ambassador," he added, directing the qualifier at his detectives who already had their mouths open to argue, "agreed to in order to secure his release tonight. Since Mr. Graves is over 18, he is certainly free to disavow that deal, at which time we'll be more than happy to dropkick his sorry ass into a cell."
The attorney's cellphone began to ring.
"That'll be the Ambassador confirming the deal for you," Cragen snapped. "You have two minutes from the time you get off the phone with him to accept it, or your client is heading to the tombs. We'll be waiting outside."
Cragen signaled Benson and Stabler to follow him out of the interview room. They were barely out the door before Stabler exploded. "What the hell was that, Captain!"
"That was politics at its worst, Detective. I got a call from the Mayor's Office telling me the State Department called him to say the Ambassador is in the middle of delicate negotiations in some country ending with "stan and doesn't need any distractions right now, especially if they involve his prodigal nephew. I was specifically ordered to cut Justin loose unless we have concrete, irrefutable proof of wrongdoing on his part, which, as you well know, we do not. I was lucky to get them to agree to the restrictions on his movements."
"Damn it!" Stabler snapped, pounding his fist on the nearest desk in frustration. "You know this'll just give him time to cover his tracks."
"Well, I guess that means you'll just have to work a little harder to uncover them again," Cragen snapped back.
The door to the interview room opened and Billings exited followed by a sullen Graves. "My client agrees to your deal," Billings said stiffly.
Stabler locked eyes with Justin. "Stay away from David Gallagher," he said in his coldest, deadliest voice.
Graves' face twisted into a scornful smirk and his reply was full of mocking, "That wasn't part of the deal, Detective."
"Let's go Justin," Billings snapped, eying Stabler warily.
The young man's smile widened in triumph and, without another word, he turned and preceded his attorney out the door.
Benson and Stabler returned to the interview room to gather their notepads and pens in dispirited silence. Dr. George Huang entered with a frown.
"That was short and sweet."
"Yeah," Stabler responded gruffly. "Too bad he lawyered up so quick. We'd already have a full confession if he hadn't."
"Which is why our legal system is designed the way it is," Huang responded with a touch of irritation.
"Come on, Doc," Benson said. "You can't possibly believe that kid deserves any kind of break after seeing the tape and hearing what he told the Dean. That bullshit story about him lying to protect David from getting expelled is total crap and we all know it. It's obvious from the way David was moving on the tape and his description of how he felt before and after the blackout that he was drugged."
"I agree, but I don't think this situation is as clear cut as it appears," Huang replied enigmatically.
"What's that supposed to mean?" Stabler asked, raising an inquisitive eyebrow as he pinned the FBI psychiatrist with a glare.
Huang leveled his own steady gaze back at them and responded, "I'm concerned about the disparity between Justin's version of his relationship with David and what David told you. I think I need to talk to David before I can give you an official opinion, but obviously one of them isn't telling the truth."
"I can guarantee you that one's the liar," Stabler said forcefully. "David seemed genuinely surprised when Liv asked if Justin was his boyfriend, as though the thought had never crossed his mind."
"I'd still like to talk to David. It would help me in understanding the dynamic between them."
"We'll be picking him up from the hospital tomorrow and bringing him back here to fill out the complaint forms. I'm sure he won't mind talking to you," Benson said. "In the meantime, do you have anything that might be useful for our interviews tomorrow?"
"Justin is fixated on David. If there really is no relationship between them, then I'm concerned that he's not only fantasizing one, but is talking so freely about it. He had absolutely no hesitation in saying that he loves David or that David loves him. He has no fear of reprisals for being involved in a homosexual relationship. To him the relationship is real and he absolutely believes it's real.
"When you contradicted him and confronted him with the reality that David doesn't love him, it didn't shake him at all. His anger seemed to be directed more toward his belief that you were deliberately misrepresenting their relationship to build your case. I could tell by the look on his face, he thinks all of this is just a big misunderstanding and as soon as he can talk to David it'll get straightened out.
"My biggest concern is his lack of empathy for the amount of pain, both emotional and physical, involved in the assault. He seems unable to comprehend that David might have been hurt. Frankly, his dismissive attitude when he said he went through the same thing and it was nothing really shocked me. And he seems totally unable to accept the possibility that David's reaction to the situation might be different from his own. It's almost as if he sees David as an extension of himself emotionally, a twin who's going to react to any situation exactly the same way he would."
"A soul mate?" Benson posited.
"That seems to fit with his vision of the relationship."
"Sounds more like a classic sociopath to me," Stabler interjected.
"That's a possibility too," Huang said with some reluctance. "But then again it could be something else entirely. I don't want to use a label like that until I have more information to go on."
"What aren't you telling us?" Benson asked.
Huang hesitated for a moment as the two detectives stared at him expectantly.
"I think it's very likely Justin was also a victim of sexual abuse. His casual acceptance of the type of sex going on at that party, his indifference to the pain involved, his attempt to justify the conduct on the basis of the group's rules governing it -- if he grew up in an abusive environment where that type of behavior was commonplace, he wouldn't see anything wrong with it."
"Wait a minute! Are you really going to try and turn this around and make Justin into the victim after everything he did to David?" Stabler said with a disbelieving laugh. "Not a chance! That kid's a cold-blooded predator. You can see it in his eyes. And I have no intention of allowing him to get away with this and risk him thinking he can move on and do it again to someone else."
"I'm not saying anything for sure right now, Detective," Huang snapped defensively. "I'm just giving you two possible scenarios based on my observations so far. Use them or discard them as you see fit."
Sensing her partner's temper flare, Benson jumped in, using her most conciliatory tone. "No one's questioning your judgment or ability, George. We really appreciate your help on this, and your willingness to come in so late to help us out. You'll have to forgive us if we seem more cynical than usual. This one is really tough. David Gallagher seems like a really nice kid. It was hard to see the affect the assault had on him. He was practically having a breakdown in front of our eyes. And then finding out about his past. It seems like every time I think I've seen it all, . . . well, let's just say I'm unpleasantly surprised to find out there's still worse out there."
"Yeah," Stabler murmured as he rubbed his face wearily. "It's bad enough knowing most of the monsters kids really need to fear aren't in the closet or under the bed, but living down the street or walking across from them in the park. It's worse knowing some of them might be sitting right next to them in class."