The big question after watching “Perverted Justice” is whether Derek Thompson is truly innocent, or was he really guilty of abusing his daughter? Clearly, his daughter Michelle has second thoughts about recanting. Is she still in such a fragile state of mind that she can be swayed by pressure from authority figures and will say whatever they want her to say? Is the fact that she admits she can’t recall what really happened that night indicate that it likely DID happen” Or, as part of her 12 step program to purge her of her addictions, does she want to give her father the benefit of the doubt? It is clear her parents had marital problems and that her mother and Detective McCormick had their own motivations to get Derek out of the way. Michelle did recant at a young age, but was that also from her father’s influence via his letters from prison? Regardless, there were many facts in this case that were not presented during the first trial, and a retrial was in order. Based on the new case presented by the very capable Bayard Ellis, the jury found Derek not guilty. It will now be up to Michelle whether or not she did the right thing. Samira Wiley was very believable as the conflicted woman and she made me feel real concern for Michelle.
As always, Andre Braugher was excellent as Bayard Ellis, and Robert Sean Leonard perfectly portrayed the confident prosecutor who firmly believed that he got the right verdict the first time Derek went to trial. (I would enjoy seeing Robert Sean Leonard on SVU again.) But, I saw this as a missed opportunity for the SVU writers to insert some conflict by having ADA Barba handle this retrial. I would have enjoyed seeing sparks fly between Bayard, SVU, and Barba on the investigation and prosecution. I don’t know what is the proper procedure with retrials and if it is SOP for the prosecutor on record to handle the retrial. Still, if Benson and SVU were convinced that Derek was innocent and Barba felt he was not, I would have loved seeing the fireworks.
It was wonderful seeing Dann Florek back as the retired and very content Captain Cragen. It’s nice to see that he’s found happiness and also that he helped get some much needed information to get the case re-opened.
There was some interesting comedic spots in this episode that I enjoyed. Carisi’s gushing over Bayard and his need to interject his own legal advice was amusing. Clearly, Rollins is not afraid to take a jab at Carisi, and both Bayard and Cragen joined in, much to my delight.
Amaro seems to be taking his cranky pills again as he seemed generally unhappy in this whole episode.
I gave a slight eye roll at the opening scenes with Benson and Noah in his Unitarian dedication ceremony and then Benson’s comment to Bayard that if everything goes as planned, the adoption will be official in a month. Good luck with the “as planned” part.
The only fault I had with Bayard’s case is that it seems he did not prep Michelle very well. He should have practiced with her, as a devil’s advocate, to get her accustomed to the defense strategy of poking holes in her original story and her recanting.
Here is the recap:
Cast:
Mariska Hargitay – Sergeant Olivia Benson
Ice-T – Detective Odafin “Fin” Tutuola
Kelli Giddish - Detective Amanda Rollins
Danny Pino - Detective Nick Amaro
Raúl Esparza - ADA Rafael Barba
Peter Scanavino - Detective Dominick “Sonny” Carisi, Jr.
Guest stars:
Dann Florek – Captain Don Cragen (retired)
Andre Braugher – Bayard Ellis
Samira Wiley – Michelle Thompson
Robert Sean Leonard - A.D.A. Kenneth O'Dwyer
Glenn Plummer - Derek Thompson
Leslie Odom Jr. - Reverend Curtis Scott
Nick Sandow – Ted McCormick
Vincent Curatola – Judge Al Bertuccio
Kia Joy Goodwin - Audrey Scott
Robin De Jesus – Jose Silva
Julie Halston – Cassie Muir
Donna Mitchell – Judge Kearns
Jay Patterson - Federal Judge William Evans
Timothy Mitchum – Will Thompson
Jeff Talbott - Reverend
Adrian Matilla – Correction Officer
Paul Borghese - Bailiff
Sharon Gee - Forewoman
Reverend Curtis Scott preaches to his congregation as Michelle Thompson listens, looking at an old photo of her and her father. Meanwhile, Benson, accompanied by Amaro, Carisi, and Rollins, is participating in a Unitarian dedication ceremony to welcome Noah to the community. Benson tells Noah “May the future bring love to your heart, joy to your mind, and truth from those sweet lips.”
After the ceremony, Carisi comments to Benson he did not know she was Unitarian, and Benson explains she isn’t, she didn’t grow up with any religion. She just wanted Noah to have something that would ground him. Carisi wisecracks that Noah can rebel against it as a teenager. He adds he gets it, he is Catholic, and Rollins comments “no kidding.”
As Michelle leaves her church, Reverend Curtis calls out to her, saying he is glad she keeps coming. She says she is working her program and is up to her ninth step, which is making amends. She says she is making amends to her father, and Rev. Curtis says her father is in prison and that is not her fault. But she says it is, she lied to the police and it is not enough to apologize, she has to restore justice. She asks that he knows that lawyer, the one who is supposed to get innocent people out of jail? He looks at her and says nothing.
Elsewhere, Derek Thompson is in prison, helping Jose Silva to learn how to read. He is surprised to hear he has a visitor and finds it is his daughter Michelle, there with Bayard Ellis. He asks why she is here, and Bayard introduces himself, stating he works with Project Innocence. Michelle tells her father that she told them the truth – that he never raped her. He sighs.
Later, Benson and Bayard Ellis are in a restaurant and she explains she was just at a dedication ceremony for Noah. As Bayard looks at Benson’s phone with a photos of Noah, he comments he is such a sweet boy and says he has her smile. Benson laughs and states that if everything goes as planned, the adoption will be official in a month. He congratulates her. As they sit down at the table, Benson says she knows he didn’t invite her to dinner to talk about Noah. Bayard says Reverend Curtis asked him to look into a case involving a congregant, Michelle Thompson. He father, Derek, was convicted of raping her seventeen years ago when she was six. Benson takes the file and asks he was convicted of raping his own daughter, commenting that’s a tough case for Project Innocence to get behind. Bayard admits it is, but the case was made primarily on Michelle’s testimony and now she is saying she was pressured by her mother to lie and she wants to recant. Benson questions it’s 17 years after the fact, and Bayard states Michelle tried once before as a teen and the original ADA and detective argued against re-opening. Michelle went off the deep end after that – drugs, alcohol – and she’s recently found sobriety, Benson comments that her recant is part of a 12-step program which is not the most reliable indicator of the truth. Bayard says he’s seen that pink cloud and that forgiven everyone affect too which is why he needs Benson to investigate. Benson smiles and asks if there is any DNA, forensics, or corroboration, and Bayard replies no, only her testimony and some inconclusive medical symptoms. Her mother, who has her own substance abuse history, made the initial 911 call. Benson asks if he talked to the father, and Bayard says yes, up at Green Haven, he is a model prisoner and he found him credible. He has maintained his innocence for 17 years. He adds it is hard enough to prove that someone is innocent of a crime, it’s harder still to prove that crime itself never occurred. Benson smiles and says, “So you thought of me.” Bayard smiles and replies, “Indeed I did.”
Back at SVU, Benson explains the situation to Amaro, Rollins, and Carisi. Amaro cops an attitude and says Bayard should do the work. Benson says he just wants to see if there is anything there. Carisi comments it is tough to get a conviction re-opened but Bayard Ellis is a legend and if he thinks it is worth looking into… Amaro comments he knows Bayard is Benson’s friend but complains about working a closed case. Benson explains this isn’t out of friendship, and SVU didn’t handle the case, it was the local precinct who hated Derek Thompson. They really worked him over and when Thompson finally got a lawyer, it was some down on her luck rent-a-lawyer who could hardly pay for her transcript copies. Benson just wants to vet the case. The lead detective was Ted McCormick and the ADA was O’Dwyer, none of whom she has met. Carisi comments that was before Benson’s time, saying “wow.” Benson asks if he is missing Staten Island. He grins. Benson says there is somebody coming back to town who was here when they built the place. As Benson walks out of the squad room, the detectives look questioningly at her.
Later, Benson, with Amaro, looks through retired Captain Don Cragen’s phone of Eileen’s grandchildren. They spent the winter with them in Ft. Lauderdale after the cruise. He comments he never thought he would say it, but it turns out there is more to life than NYPD. Amaro says the place is falling apart without him, Benson smiles and says “Thanks Nick” As they walk along the riverside, Cragen asks why are they here, they have a victim who wants to recant? Amaro comments its 17 years later, between her ninth step with Reverend Curtis and Bayard Ellis are convinced the cops and DA blew the case. Benson adds it wasn’t SVU, it was at Cragen’s old house the 2-7 and they can’t seem to get in touch with the detective who caught the case, Ted McCormick. Cragen comments they may have a problem; the guy got bounced around a lot and never met a coroner he didn’t cut. Benson asks if there is any chance he remembers the DA, Kenneth O’Dwyer. Cragen thinks that must have been an early case of his; he had family connections and got his hands dirty for a year and then they bumped him up to white collar. Cragen asks what does he say about this? Benson replies she hasn’t called him yet, and Cragen tells her to hold off, he rides a high horse. Cragen knows an old lifer at the 2-7 and if he buys him lunch, he’ll dish like a gossip girl.
Back in SVU in Benson’s office, Michelle explains to Benson and Rollins that her mother was drinking and drugging and her dad came home and saw her and her making a mess cooking for her brother. She burned herself making some hot dogs and he got angry at her. Her father asked where her mother was and if she was drinking and he put them to bed. When her mother got home, they started screaming at each other and Michelle started crying. Her mother came in and she told her that her hand got burned and asked Michelle what did her daddy do to her. She did not want her to be mad at her so she said it was her father’s fault and then pressed if her father touched her down there. When her mother continued to get angry, Michelle finally said yes and her mother called the police the next day when her father went to work. Her father yelled and scared her but he never touched her. Benson comments that Michelle repeated the story to the detective and DA and to the jury, and she said her mother said she had to say it or people would say she was lying. Nothing happened that night.
Meanwhile, Amaro and Carisi speak with Michelle’s mother Audrey and they explain they are looking into the case. When she hears Michelle asked them to look into the case, Audrey is skeptical and says if they wait a week, Michelle will change her mind and Michelle and her brother are both messed up because of their father. She says she is done talking and races off. Amaro comments to Carisi that Audrey is right back in that apartment 17 years ago, and Carisi says she is holding on to her story so tight it’s almost like she has to. Amaro gripes this is why he doesn’t like to re-open cases; it’s tough enough to figure out at the time and all these years later, how are they ever going to know?
At Green Haven Correctional Facility in the visitor’s room on Monday, April 20, Derek tells Amaro and Carisi he never touched his little girl. Derek says his wife lied, and she made Michelle lie. He explains that Audrey was an addict back then and she used to come home with a wild look in her eyes. She was dangerous and most of the time, he knew to keep out of her way. Carisi comments – “but not that night” - and Derek says no, she left the kids alone and she could have burned the house down. Amaro comments that Derek is saying his wife made up a story about him raping Michelle and convincing her to lie and putting him in prison because of a marital fight. Derek asks doesn’t Amaro think he’s been asking himself that for the last 17 years? Amaro counters it is time enough to make up a lot of excuses. Derek says there was no evidence, and when Amaro says there were bruises and she was crying, Derek counters it was no because of him. Amaro states that the police asked why there was semen on his daughter’s pajamas and Derek said that his wife had planted it. Derek says there was no semen. Amaro asks if he was innocent, why didn’t he just say that? Derek insists the police tricked him like they are trying to trick him right now. Carisi states they are not trying to trick him, they just want to know his side of the story. Derek comments that he kept his back to the wall in here and is trying to be a good father. He writes to Will and Michelle every week and he tells them that he loves them. Their mother Audrey has never been there for them and he is still their father. His daughter has admitted that this whole story is made up, and he asks now what more does he have to do?
Later, back at SVU in the squad room, Carisi shakes Bayard’s hand, gushing that it is an honor to meet him, When Carisi seems star struck, Benson urges him to move along about the meeting they had with Derek Thompson. Carisi says he maintains his innocence which is to be expected, and his version of that night does match up with Michelle’s. Rollins adds that Michelle did seem credible. Bayard comments they will need more than that to convince a judge to re-open. Rollins states that the detective on the case – Ted McCormick – has retired to Florida and she has left a few messages and no call back yet. Amaro is entering SVU with former Captain Don Cragen and Amaro comments “Look who I picked up on the street.” Rollins is happy to see him and Cragen says it is good to see her. Benson re-introduces Cragen to Bayard and then to Carisi. Carisi tells him to call him Sonny, and Rollins interjects that no one else does. Benson comments that Cragen has some contacts at the 2-7 and she asked him to look into this. Bayard asks that he found something, and Cragen replies that no, he didn’t, and, as he flashes a file folder, he adds he is not showing him this but it is addressed to Detective McCormick and ADA O’Dwyer so if Bayard was to request it from his office because maybe he saw it in a precinct evidence log, he would have to produce it. He hands the folder to Bayard. Benson ask what is this he is not showing them, and Amaro says it a letter that Michelle’s first grade teacher wrote that says Michelle came to her crying because her mother made her lie to the police. Rollins asks if this letter was sent before the trial started and Cragen nods. Carisi jumps in and says if they can prove that the DA had this potentially exculpatory evidence and didn’t share with the defense – Benson rolls her eyes and looks to Bayard – that is a slam dunk. Cragen, calling him Sonny, tells Carisi to hold his horses, it is possible O’Dwyer did forward the letter. Carisi questions that Thompson’s defense didn’t use it, saying that this is awesome, adding justice delayed does not mean justice denied. Bayard gives Carisi a blank look and states dryly, “So…you’re new here” and grins.
In the conference room of the District Attorney at 1 Hogan Place on Tuesday, April 21, Benson and Ellis meet with ADA Kenneth O’Dwyer who explains the Thompson case was his first win as a prosecutor and the jury deliberated for a half hour and found him guilty on all charges, open and shut. Bayard counters that absolutes give him hives. Kenneth comments that jury believed the jury believed the victim and thinks that would bring them comfort. Benson counters that it does, but the girl is now claiming that she was forced to lie by her mother. Kenneth comments “Again” and he says he recanted as a teenager and was not found credible. Benson brings up the letter to the teacher and Bayard mentions that was exculpatory but the letter was never mentioned by the defense in the transcripts. Kenneth comments they should ask the defense about that, and wonders if they are accusing him of prosecutorial misconduct, and is emphatic he turned the letter over to the defense, Cassie Muir, in 1998. He has no idea why she didn’t bring it up. He think if Michelle now has regrets, that is a family tragedy but it doesn’t make him innocent.
At the apartment of Cassie Muir in Forest Hill, Queens on Tuesday, April 21, Rollins and Carisi speak with Cassie, who seems scatterbrained. She does not practice law anymore and was disbarred in 2009. They show her the letter from the teacher and she did get the letter from Kenneth. She said she must have had a good reason not to use it; the jury could get upset and it could backfire if you go after a young girl too hard.
