Law & Order SVU "A Final Call At Forlini’s Bar" was saving the best case for last, with a victim that at first, seemed simple-minded and prone to poor judgment, but as the story progressed, was obviously tragic. The story may not have been as emotionally gripping had it not been for the fantastic performance by Jordana Spiro, who played the victim, Delia Hackman. It’s been quite a while since anyone has played an SVU victim so convincingly. It was a tough case, complicated by Delia’s ability to continue to put herself into harm’s way, finally ending up in her killing her abusive husband. Had it not been for Rafael Barba’s dogged defense of her, they would never know that Delia was suffering brain damage from the repeated beatings to her head.
When a domestic violence case – which it seems lawyers avoid like the plague – turns into a murder case, the victim becomes the accused and things get complicated for the SVU and for Carisi. I understand bringing in Raul Esparza in for this episode to include an attempted reconciliation with Benson. But when the detectives talked with Benson about finding a lawyer to defend Delia, Rollins mentions the elephant in the room and the one lawyer Benson did not mention: Rafael Barba. Oddly, I was more surprised she didn’t at least mention Trevor Langan, whom she’s called on before for help. That would have been the most logical choice, then she wouldn’t have needed to talk with Barba at all.
And while I’m on the subject of Benson talking with Barba, I was disappointed in Benson’s continued cold attitude toward him. She’s upset that she told him not to defend Richard Wheatley and he did anyway. Does she expect everyone to do whatever she asks whenever she asks, just because she asks? I found her attitude with Barba too short-sighted and closed-minded. She’s throwing away friendship – or maybe something else – because she can’t or won’t look at the situation from his point of view.
Benson moans to Dr. Lindstrom that she is unhappy, and of course Lindstrom makes it about intimacy with other men: Barba and/or Stabler. Frankly, I wish they’d get off the whole “we must find Olivia a man” trip once and for all. Lindstrom’s comments only reinforces that Benson may not be happy unless she can snag a man, and apparently has to be Stabler or Barba. We haven’t heard Benson mention any desire for an intimate relationship with either of these men during any of these sessions that I can recall We also haven’t heard any discussion about whether this job is right for her. Who knows, she may need a job change to be happy; she could be burned out. But no, it has to be about Stabler or Barba. My own opinion is the only way Benson and Stabler will become a romantic thing is when one or both of those series ends, because frankly, that will ruin everything. And I can’t see any romance between Benson and Barba; good friends, more likely. The bottom line is Benson – or any woman for that matter – can be happy without a man. Maybe Dr. Lindstrom should spend more time asking what Benson wants out of an intimate relationship and take it from there? If we are to assume that she HAS professed her undying love for either or both of those men and a desire to be intimate with either of them, then Lindstrom is right – and so is Rollins when she repeats Carisi’s mom’s statement "Why don't you two just go get a hotel room and, get it out of your system?"
Poor Barba; he loves Benson unconditionally but as she’s too stubborn and blinded by her own ego, their relationship may be doomed. Too bad, because he’d be a great friend.
And poor Carisi, his feelings are hurt when Rollins didn’t tell him she got Barba involved in defending Delia. He didn’t stay hurt for long; at least he knows how to act like a grown-up and seemed to realize that she did the right thing. But Carisi did an excellent job in presenting the case he had.
Fin seems comfortable with his relationship with Phoebe, and also seems to be in a good place with his life. Velasco is still a blank slate for the most part, and hopefully next season we’ll get to learn more about what kind of person he is.
Barba, when he arrives in Lorraine Maxwell’s office, he comments “So, this is how the eighth floor looks.” I understand his sarcasm but surely in his career working as an ADA, he HAS seen it before.
A side note: Thank you, farewell, and best wishes to showrunner Warren Leight, who has kept the series relevant and compelling all these years.
Here’s looking to season 24!
Here is the recap:
Benson is speaking with Dr. Lindstrom in his office:
Benson: Noah is thriving. My career is going pretty well. So why do I wake up at 4:00 a.m., anxious, and unhappy?
Dr. Lindstrom: When did you start feeling unhappy?
Benson: About a year ago. You know, Noah and I were fine, during the pandemic. But now, just don't have any, you know, closure.
Dr. Lindstrom: It's so interesting, you talk about closure. What else happened in this past year?
Benson: A lot of change. My chief, my squad.
Dr. Lindstrom: Anyone else? Mr. Barba?
Benson: No, there's no closure with Barba.
Dr. Lindstrom: I'm also thinking about you and Elliot Stabler.
Benson looks away and says nothing.
Elsewhere, Delia Hackman is talking to a social worker who asks if she had the locks changed yet. Delia explains the super said he would, and she still got an order of protection against Ty. The social worker states Ty violated the OOP before and the last time, he broke Delia’s wrist. Delia explains she called the cops, and they arrested him, and adds “ring around and ring around.” The social worker says she just wants her to be smart, and safe. Delia comments if she wants her to be safe she should tell the judge to lock him up. The social worker explains they’re trying, adding she can get Victim Services to change the lock. Delia replies she’s got it, promise. He social worker says that's good and she’ll see her Thursday? Delia says sure.
Back with Benson and Dr. Lindstrom:
Dr. Lindstrom: Most of your coworkers are in stable relationships.
Benson: Yeah, they are. And I am, really happy for them.
Dr. Lindstrom: You're not wondering when your turn will come? Benson: Not really. You know, between Noah and work... Okay, so, you think that I have intimacy issues.
Dr. Lindstrom: Is that what you're hearing me say?
Benson: Can we just stop the shrink talk and you just tell me what you think?
Dr. Lindstrom: What I actually think?
Benson: Yeah.
Dr. Lindstrom: I think, that you and Elliot either need to see whether there's more there, or, move on. This idealized relationship is hanging over you. Prevents you from true intimacy, Olivia, either with him, or with anyone else. That's what I think.
Benson says nothing, thinking of what Lindstrom said.
Meanwhile, Delia gets home, on the phone complaining to her super about the lock needing replacing. She is shocked to find Ty has gotten inside and she is fearful. He taunts her and she begs him to leave. She says she is calling the cops and he approaches her, saying no she is not.
Elsewhere, Fin plays a video game on his phone and he gets a call from Phoebe who is running late. He goes back to the game, wanting a make a head shot.
Carisi and Velasco are playing basketball and decide to let another group play. Velasco offers to go for beer but Carisi takes a rain check as he has to meet with Rollins. Velasco comments that they are solid, and then asks how did he know she was the one. Carisi replies he knew for sure when she was giving birth to Jesse. He added there were complications with doctors rushing in, and he looked at her, and she was vulnerable and so strong, mentioning the way she fought. He states that was it for him and that’s when he knew.
Back with Benson and Dr. Lindstrom:
Dr. Lindstrom: Something you said in our first session. You said you didn't think, happiness was in the cards for you.
Benson: Wow. I said that?
Dr. Lindstrom: Yeah, you were living a narrow life. You went to work, you came home to a dark apartment.
Benson: Well, I didn't have a lot to celebrate then.
Dr. Lindstrom: There is now. You're a role model for survivors, for women officers. You have friends. You have a happy child. You have a happy life.
Benson: So... Why am I feeling so sad?
Dr. Lindstrom: Oh, Olivia. Everyone is feeling depressed now. You and I have talked a lot about what you want. What you need. I'd like you to start thinking about something else.
Benson: And what's that?
Dr. Lindstrom: What you deserve. You deserve happiness, Olivia Benson.
Elsewhere, Delia is going crazy, screaming and hitting a police car with a baseball bat. The officers try to stop her, bringing out a taser and a gun. Rollins, walking her dog nearby, helps to diffuse the situation and calms Delia, who is worried he will kill her. Rollins and gets her to give her the bat. Delia sobs and asks for help while Rollins consoles her, telling the officers it is over.
Afterwards, Carisi races up to Rollins who is at the hospital with Delia. She explains what happened. She talked to Delia’s social worker who says Delia has a DV file 10 years thick and failed marriages and a stint in rehab and her third husband violated is OOP. She has no visible injuries, saying her husband is a pro, adding she is used to the beatings. Rollins comments her gut says he sexually assaulted her and put her over the edge. Carisi says that is an automatic arrest. Rollins explains Ty Hackman works construction and is on a job site. The social worker approaches and says Rollins can talk to Delia. Carisi tells Rollins he will stay with the girls.
Rollins speaks with Delia who says they gave her something and she is now smoothed out. Delia expects an arrest, thinking this will mean he can’t get to her. Rollins says she doesn’t have to live like this. Delia asks what does she have to do?
Back at SVU, Benson, Fin, Rollins and Velasco discuss Delia’s situation, and the fact that she was raped and it wasn’t the first time. She didn’t report it as they were married so she didn't think it was rape. Delia is still married but was divorced, once and remarried five years ago. Velasco wonders how he’s not locked up and Fin suggests he got lucky with the judges, most of his charges got dismissed. Rollins admits she's not the most reliable witness: late for court, recanting allegations. Benson states that's par for the course for a long-term DV victim. She adds this is their case now, and, if we can get him on the rape charge, he goes away. Rollins informs them Delia agreed to a rape kit but Benson states he's going to claim consensual. She asks if there were any outcry witnesses. Rollins replies herself, at the hospital. Velasco announces they located Ty Hackman at a construction site in Chelsea. Benson instructs them to him up, and then suggests before he can react... Fin finishes the sentence and says to get him on their side.
Later, at a construct site in Chelsea on Saturday, April 16, Fin and Velasco speak with Ty, who says his boss tipped him off and that he should have skipped. Fin comments that would have been a problem and it’s a good thing he didn't. Velasco adds Ty already knows the drill. Ty states he has family on the job, and technically, he knows he’s in violation, but, Delia asked him to come over, and she was a mess. Velasco says “no good deed, right? Ty says he hopes they are getting overtime, because, they know how this ends. He adds the judge looks at him, working all day, then looks at her. Velasco says “sees crazy” and Ty agrees. Fin comments they parked around the corner and didn't want to have to cuff Ty in front of his crew. Ty says he appreciates that. Ty walks off with them.
Back at SVU, Benson moans to Carisi the judge let Hackman walk. Carisi says it was on violating the OOP. Rollins questions that he didn't go for the rape charge, and Carisi replies no, because he didn't want to start the 180.80 clock ticking until Delia was on board and consistent. Benson states they will go over her statement tomorrow. Rollins’s phone rings and it is Delia. Rollins puts her video call on the screen so Benson and Carisi can listen and watch. Delia asks to modify the order of protection and asks how to do that. Carisi whispers to Benson that she wants to modify the OOP and Benson replies that can’t be her decision. Rollins tells Delia she is not sure that that's such a great idea, asking if Delia can tell her why. Delia replies she thinks it would make things a little less tense. Rollins informs her she’s with the ADA now, and he says that she’ll have to go before a judge. Delia asks that Rollins is still at work and when Rollins says yes, Delia tells her to never mind. Rollins suggests she come to her and talk and help her figure... But Delia resists, saying it's okay, and hurries up to end the call. Benson wonders who Delia was looking at during the call, and Rollins observes she saw her looking up. Carisi wonders that Ty’s not stupid enough to be in her apartment. Benson tells Rollins to call the local precinct - now.
Meanwhile, Ty is at Delia’s and he asks her about seeing the judge. She asks when he will leave and he says he is not going anywhere.
Later, Velasco and Fin are taking Ty away and Ty says she needed help rebooting her wifi, and says “no good deed." Benson and Rollins arrive on the scene and get an update from an officer who responded. Rollins speak with Delia who admitted he called Ty and that he didn’t do anything wrong and he should not be in trouble. Benson convinces her to come to the station with them.
At The Tombs in the Manhattan Detention Complex at 125 White Street on Saturday, April 16, Fin and Velasco discuss the situation with Ty and his lawyer who argues the charges were fabricated. Meanwhile, at SVU, Benson and Rollins talk to Delia who says Ty tried to explain the reboot over the phone and then he just said it would be easier if he came over in person. Benson asks how she ended up calling SVU about modifying the order of protection. Delia explains they're on the ground floor and have mice, and he said that, with the OOP, it's just too hard for him to help her. Rollins asks if he hurt or threatened her today. Delia replies when she asked him to leave, he smushed her head into the wall. Benson suggests if she needs another apartment, they can call her social worker, and they can figure something out, but she has to get Ty out of her life. Delia is aware but claims she is nervous and sick all the time and can’t think straight. Benson says HE can and is smart enough not to use a weapon or anything that will get him real prison time. Rollins adds except for the rape, adding if they charge him with that, he goes away. Benson continues that Delia would finally get a chance to get on her feet, instead of him knocking her off-balance all the time.
Later, Carisi tells Benson he asked them to hold Ty overnight and will arraign him on the OOP tomorrow. Benson questions what about the rape, adding they have her accusation, his DNA on the rape kit and that's probable cause. Carisi adds IF she sticks to her story. He adds one thing he learned from Barba is you never get ahead of your victim. Benson comments, “Barba? Please. Carisi, can we not go there?” Carisi asks if she is still not talking to him? Benson feels Barba never should have defended Wheatley. Carisi counters he was protecting her. Benson scoffs and Carisi adds any other defense attorney would have annihilated her on it. Benson disagrees, thinking he went after her pretty hard. But Carisi thinks Barba was pulling his punches. Benson says they both had a long day and suggests they call it a night. She walks off.
In arraignment court part 42 on Monday, April 18, Ty is arraigned on criminal contempt, intimidating a witness and rape 1, and the court accepts Ty’s plea of not guilty. Carisi asks for remand. The defense argues it takes two to "tangle" and adds Delia is dependent on him and they will both suffer if he can’t work. The judge sets bail at $50K and orders Ty to wear an ankle bracelet and may only go from his home to work.
Afterwards, in Carisi’s office, along with Benson and Rollins, they explain Ty getting out and the conditions. Carisi tells her not to contact him in any way. Rollins says if Ty contacts her to call 911 immediately. Delia thinks she does not deserve all of this but Benson says she deserves a life and to be free and not afraid. She adds they are there to help.
Fin and Velasco take Ty back to where he’s living – he calls it a ratty B&B - and Fin tells him to cut the jokes and stay away from Delia. Velasco tells Ty not to call her or text her. Ty says if your wife accuses you of rape it takes the blood off the rose.
Later, Rollins explains to Benson that Delia is home and she got her groceries. She has no one to stay with her and has an older daughter upstate but didn’t want to call her. She is alone. Rollins says the cases…Benson finishes they make her feel so helpless. She tells Rollins to go home and asks if Carisi is cooking. Rollins replies he’s expanded his repertoire to Middle Eastern and not to tell his mother. Benson asks if they are doing well. Rollins confirms and then asks that Benson and Stabler worked on a case while she was away. Benson says yes and that they are always a good team. Rollins comments yeah? Benson picks up on her tone and asks what? Rollins comments that a year ago, when she was talking to her mom about Carisi, she said, "Why don't you two just go get a hotel room and, get it out of your system?" Benson comments “Some advice.” Rollins phone buzzes and she explains she told Delia to give her a call if she needed anything. She takes the call and then looks at Benson.
Benson and Rollins arrive at Ty’s to find that Delia has stabbed Ty in the back with a kitchen knife and he’s laying dead on the floor. Benson and Rollins see Delia and Rollins asks what happened. Delia explains Ty took her phone charger, and she needed it, so she came over and then he wouldn't her leave. She adds then she just wanted to be free.
Delia is in the holding cell at SVU and Rollins buzzes in. She observes Delia didn't eat anything. Delia explains she was not very hungry. They discuss how she is doing and she says it’s nice and quiet here and she felt safe. Rollins explains her lawyer is there.
Later, in the interrogation room with Rollins and Benson, and with her lawyer, Delia explains she had to go to Ty's, because he took her charger and she was at 1%. When she got there he dangled it in front of her like keep away. She tried to grab it and he sat down and he put it in his pants and, he said "Get on your knees if you want to get it." She did what he said. He pulled her head into his lap, yanking her hair. She said no and he said "You need to relax." She explains he went to make her a drink in the living room. She says she is sorry but it was blurry after that. She goes on to explain she was in the kitchen felt like she had to get out, like she had to get past him. She took the knife off the kitchen counter, and he heard her. She “kind of” stuck him to get past him. Benson explains the ME said that Ty was bleeding out for about 30 minutes. She asks why didn't she call 911. Delia replies she had to wait for her phone to charge and when it charged up, she called Detective Rollins. She adds she is sorry. Rollins comments it's okay. Benson asks Delia’s lawyer if she needs a minute Delia and she replies they are good and tells Benson to the DA they are ready to talk deal.
In the office of the District Attorney Trial Division Chief Lorraine Maxwell at 1 Hogan Place on Tuesday, April 19, Maxwell goes over Delia's case and record with Benson and Carisi. Benson brings up the repeated assaults and how they played out and Carisi reminds her Delia initiated contact. Benson brings up the cell phone charger. Maxwell brings up the stabbing and Carisi brings up how Delia waited to call for help. Maxwell thinks it is a tough case for self defense, but Benson comments about how Delia has been terrorized for over 10 years. Maxwell counters her lawyer will go for the battered woman syndrome defense. Carisi explains her lawyer is looking for a deal and will take Man 1, single digits. Benson outlines that Delia has been imprisoned her entire life, Maxwell counters she herself was in an abusive marriage for 15 years and got out and didn’t kill him. Benson says she is sorry, but has to assume she had more resources. Maxwell says that is a story for another time. She comments this is a violent felony and if they take this to trial and she gets convicted of Murder 2 that’s 15 years to life, and not to leave that deal on the table for long. Benson counters that Delia’s public defender had 20 minutes for her and if she had a competent lawyer, this might go a different way. Maxwell explains nobody takes these DV cases; the women are either killed or the go to jail, either way they break your heart.
Back at SVU, Fin asks how it went at the DA’s office. Benson replies Carisi is going to wait 24 hours before he finalizes a deal. Fin asks if she will get her another lawyer, and Velasco asks if that is on them. Rollins replies not really, but her public defender is in over her head. Fin comments he is not going to say murder is okay but if anybody had it coming…Benson explains she called Rita Calhoun, Bayard Ellis, even Barth. Nobody has time for this. Rollins asks if they want to talk about the elephant in the room, saying there is someone she is leaving out.
At Forlini’s at 93 Baxter on Tuesday April 19, Benson walks in and sees Barba sitting at the bar, sipping a drink:
Barba: Hello, Liv.
Benson: Hello.
Barba: You and I spent a lot of time in this place. It's a shame they're closing, huh?
Benson: Everything comes to an end. Um... I wanted to thank you, for represented Delia.
Barba: Rollins asked for the favor. How many lawyers you call first?
Benson: Three. You think you can get an acquittal?
Barba: I'll do my best. Cabernet?
Benson: I can't stay.
Barba: It's possible, to sit with someone, and have a drink, and not say a single word to each other. I miss you, Liv.
Benson: I gotta go.
Benson quickly exits, leaving Barba to sit there alone.
In court, the medical examiner Dr. Truman explains how Ty was stabbed and confirms that he was stabbed in the back. Barba question him about the rate of bleeding and the doctor explains the bleeding was internal. Barba asks if it is possible, given the small amount of blood Delia saw, that she didn’t realize Ty was in mortal danger. Carisi objects as it calls for speculation and it is sustained, but Barba comments they know it’s possible
The detective on the scene of the stabbing testifies Delia confessed. Under cross, the detective must admit that Delia did not seem contrite and Barba asks if she seemed more defeated. Carisi objects, saying it calls for speculation, and it is sustained. Barba asks the detective to describe Delia’s behavior, and he said she was looking at the floor, holding her head in her hands, kind of distraught, or like Barba said, defeated. Carisi looks defeated himself and Barba gives a satisfied look to Carisi.
Benson testifies about what she saw on scene. Carisi asked what Delia said, adding, according to multiple witnesses, she said, "I just wanted to be free." Carisi asks Benson if she heard her say that. Benson says yes, but she took that to mean...Carisi cuts her off and says “Thank you. Captain, you had me at "yes," and we both know how much Mr. Barba abhors speculation.” Under cross, Barba comments to Benson, “I know the ADA cut you off but I'm sure the jury would like to hear the rest of that thought, Captain.” Carisi objects and it is sustained. Barba rephrases and says “Captain Benson, we've heard a lot of testimony about Ty Hackman's back being turned. In your experience, is it possible, for a battered woman to feel threatened, even if her abuser isn't facing her?” Benson replies: “Yes. A victim of DV can fear for her life, even if her abuser is asleep, or not in the same room.” Barba thanks her and goes on to say, “I know that, as an SVU captain, this is difficult for you, that you'd rather not testify against any victim of domestic violence.” Carisi interjects “Your Honor, I know Mr. Barba loves the sound of his own voice, but could you please ask him to stop testifying himself?” The judge tells Barba to walk it back. Barba apologizes, saying he is just passionate about defending his client.
Afterwards, as they leave the courtroom, Maxwell asks Benson if it was difficult testifying for Barba when she was Carisi's witness. Benson explains she was testifying for Delia. Maxwell comment she knows.
Meanwhile, Rollins speaks with Carisi and tells him he was going pretty hard at Barba. Carisi wonders how he ended up taking this case as he thought he and Benson weren't speaking? Rollins explains they're not, adding technically, it was her who asked him. She admits she should have told him. Carisi, looking hurt, says she should have. Rollins apologizes as Carisi walks away from her.
On the stand, Delia testifies:
I went to get my phone charger, but Ty said, I had to have sex with him first. He went to the living room, to, um, make me a drink, so I could relax… [Barba asks what happened then.] Well, I felt trapped, like, I had to get out. And, I saw a knife, on the kitchen counter, and I just, I grabbed it, just in case. And, um, I tried to be really quiet going out. His back was... Was towards me 'cause he was pouring the drink. And I just heard him laugh, and I - I panicked. [Barba asks why is that?] 'Cause I knew his moods. I was used to him yelling a lot. But it was that weird laugh... Like, that's when I knew things were gonna get really bad. I was really scared that if he turned around and saw me with that knife that he was gonna kill me. [Barba asks what happened next] Well, all I knew is that I was, like, waving my arms around, and, and, the knife was in his back. And then he was on the floor. [Barba asks if she tried to revive him or call for help] Well, I thought he would come to 'cause there wasn't a lot of blood. I had to get the phone charger out of his pants. [Barba asks why didn't she just go] Well, I didn't want to leave him lying there. So, I waited for my phone to charge up, and, then I called Detective Rollins.” Barba ends his questioning.
Under cross by Carisi:
Carisi: Mrs. Hackman, when, you stabbed your husband, his back was to you.
Delia: Yes.
Carisi: He wasn't moving towards you. He wasn't physically threatening you.
Delia: Well, no, but he had earlier.
Carisi: Yeah, but not in that moment, correct?
Delia: Correct.
Carisi: Did he have a weapon in his hand?
Delia: No.
Carisi: Did he say anything to you?
Delia: No. I mean... he was laughing.
Carisi: He was laughing, okay. Couldn't you have just ran out the door, past him, called the neighbors for help?
Delia: I didn't know the neighbors, and I wasn't supposed to be there.
Carisi: No, no, you weren't, Mrs. Hackman. And if you needed a phone charger, why didn't you just go to any bodega, and buy one?
Delia: Well, it was the middle of the night, and I had no power in my phone.
Carisi: Right. No, I understand that, but...
Delia: I don't...
Carisi: Couldn't you, have just stayed at home, safe in your locked apartment, and just waited till morning?
Delia: I guess.
Carisi: Wouldn't that have been a better choice than going over to your husband's place, alone, in the middle of the night?
Barba: Objection. Badgering.
The Judge: Move it along, Mr. Carisi.
Carisi: Wouldn't it have been a much better choice, for you, to just simply walk out of the door, instead of stabbing your husband to death.
Delia: I thought he was gonna kill me!
Carisi: No, no, no, Mrs. Hackman, you just told us, that he was not moving toward you. He did not have a weapon. Did he say that he was gonna kill you?
Delia: He's too smart for that.
Carisi: Okay, well, if you felt so threatened at the time, why didn't you tell that to the police, when they showed up?
Delia: I don't know. I don't remember.
Carisi: Well, they do. They testified, that the only thing that you said was that you wanted to be free.
Delia: I'm sorry. I don't remember. I don't remember.
Barba: Objection, Your Honor. Badgering.
The Judge: Sustained.
Carisi: What did you mean, by "you wanted to be free"? Free from your husband? Isn't that what you said?
Delia: [Crying] I'm sorry, if you say I said that, then I said that. I'm sorry. My head's kind of hurting.
Barba: She needs a recess.
Carisi: Mrs. Hackman, I just have one more question. [She begins to sob] Okay?
Delia: Okay.
Carisi: When you realized, that your husband was dead, how did that make you feel?
Delia: I was... I was happy, that he was dead, and I was alive. I was... I was happy. I felt happy. I'm sorry. I'm sorry. My head's really hurting.
Carisi: No further questions.
Carisi looks on sympathetically as does Benson. The judge orders a recess and tells Delia to step down. Delia looks on the verge of collapse and Barba helps her to step away. Delia tells him she is sorry but he said she did great. As he helps her back to the table, Carisi looks to Maxwell with a serious gaze, then looks back to Benson.
Later, the judge asks Barba how is Delia, and he explains that she was examined at Bellevue and released and ready to resume. Carisi says they have no more questions, and Barba calls his next witness, Dr. Sopher. He explains she performed a neurological exam and found Delia suffers from undiagnosed brain trauma. Maxwell stands up and says to not tell her he’s saying Delia lacked mens rea. Barba explains the jury decides her intent and this testimony can inform the verdict. Carisi asks what is he arguing, self-defense? Battered woman syndrome? Not guilty due to mental defect? Barba answers all of the above, unless Maxwell wants to do the right thing, and drop the charges. Maxwell replies that is not happening. The judge allows the witness.
In Supreme Court part 49 on Thursday May 19, Dr. Sopher, a neuroradiologist and psychiatrist at Bellevue, treated Delia and her MRI revealed an alarming number of tau protein deposits throughout her brain, specifically along the cortex. It indicates she'd been suffering from chronic traumatic encephalopathy, CTE, for some time. This was further confirmed after a spinal tap revealed more tau proteins in her cerebral spinal fluid. Barba asks if this could be from minor concussions or a few bonks on the head and the doctor explains no, it would only be the result of years of traumatic injuries. Barba asks if it is possible that someone suffering from this condition might be unable to account for or even remember their actions. The doctor replies of course, that is probably one of the most significant of the symptoms.
Under cross, Maxwell asks that CTE could only be diagnosed by autopsy. Dr. Sopher explains as an official diagnosis, yes, but... Maxwell comments, for the record, that Delia is still among the living. The doctor states yes, she is. Maxwell adds that her husband is not. She ends the questioning.
Back on the stand, Barba questions Delia:
Carisi: Delia, over the past ten years, how many times would you say, you'd been struck in the head, by your husband?
Delia: Do you mean with the bat, or, with his fists, or, like, my head slammed against the wall?
Barba: Anytime he hit you in the head.
Delia: Five, or six times a year. He said I had a thick skull, 'cause he only knocked me out a few times.
Barba: Over 50 blows to the head. Did you receive medical treatment for these injuries?
Delia: Well, he would take me to the ER, if I had to get a bone set, or, if, um, when I lost a tooth. Otherwise, I would just take aspirin. Barba: Do you still have headaches?
Delia: Most days.
Barba: Problems with concentration?
Delia: Oh, all the time. That drove Ty crazy. He said I was stupid.
Barba: Dizziness? Lack of balance?
Delia: Yes. So, I got, I gotta be careful with that, 'cause, like, sometimes, when I stop suddenly, my head thinks I'm still moving, so, like, I'll trip down subway stairs, or, basically, just, you know, clumsy.
Barba: What about mood swings, or, difficulty performing small tasks?
Carisi and Maxwell look around, Maxwell with a look that seems like she knows they are losing.
In Maxwell’s office on Thursday May 19, Barba is there, along with Carisi, and Barba comments. “So, this is how the eighth floor looks.” Maxwell asks what does he want. Barba wants an apology from the people of New York for bringing this to trial. Carisi tells him not to push it, they are waving the white flag. Barba comments he'd love this to go to jury and they’d be back before they have time for a cup of coffee. Maxwell offers criminally negligent homicide but Barba counters with misdemeanor assault, with jail time and fines waived, adding he’s already written his closing arguments. She tell him to have a seat.
Later, in the hall, Rollins asks Carisi how Maxwell took the loss. Carisi explains she handled it with grace. Rollins asks ”And you?” Carisi explains he felt relieved but don't quote him. He adds it’s one of those things you hesitate to say out loud. Rollins comments “Like I love you." She says she does, and he says it is still nice to hear. Carisi tells her “I love you too.” He kisses and embraces her.
Barba is back at Forlini’s sitting at the bar and sipping a drink and Benson walks in:
Barba: You showed up.
Benson: Last call at Forlini's. Thank you, for what you did for Delia.
Barba: How is she?
Benson: Her social worker is putting a team together: PT, therapy, cognitive rehab. And, turns out that Ty had a settlement from a construction site accident which is now hers, so all things considered, she's in a better place.
Barba: Unlike the two of us. [Benson nods] You're still holding onto this.
Benson: I asked you not to defend Wheatley.
Barba: And now he's dead. We've been over this. I was trying to protect you...
Benson: I didn't ask you to.
Barba: No. I guess you didn't. I hear you.
Benson: Thank you.
Barba: What I don't get... Why you feel more anger at me, than you ever let yourself feel toward Stabler.
Benson: You don't know anything about my feelings for Elliot, and, you don't know him.
Barba: I got a glimpse.
Benson: I've known him for 23 years, and, he's always had my back.
Barba: And you grew up without a father to protect you, I know how much that means.
Benson: Please don't. Please don't.
Barba: I grew up in a home, in a neighborhood where I got bullied. We're gonna see him through different prisms.
Benson: This isn't about him. This is about you and me, and how you betrayed me. I asked you not to defend Wheatley and you did anyway.
Barba: We're going around in circles. You're denying, you're deflecting. You defend him. It's all right. I get it. That's what you do when you love somebody, unconditionally.
Benson: Please don't tell me how I feel.
Barba: In this case I can, because I do know what it means to love someone unconditionally. When you're ready to stop feeling betrayed by me, I'll be here.
Benson: Rafa.
Barba: What?
Benson: I miss you too.
Barba says nothing as he quickly exits the bar. Benson sits there, alone, as we fade to black.
