Tonight’s episode finally answered the question Law & Order: SVU fans have been buzzing about for weeks: who is Olivia’s mystery man? It immediately transitioned to: how quickly can he be thrown the wolves for our amusement?
Recap:
New York’s biggest political sex scandal is about to go to trial, when a shady ex-prostitute-turned-pole-dancing-aerobics instructor named Heather accuses the prosecution’s star witness, lovable rogue cop Brian Cassidy, of raping her four years earlier. Nick and Munch go to Cassidy’s apartment to break the bad news . . . and find Olivia there, wearing only Cassidy’s nightshirt and a satisfied post-coital grin. At last! We know whose mystery hand Oliva was holding as she flew off to the Bahamas a few episodes ago.
Will Olivia finally get some well-deserved happiness? Of course not – where’s the drama in that?
Although this may be the weakest rape charge in the history of rape charges – for crying out loud, Heather’s boyfriend visited the sex-scandal defendant in jail two days earlier, obviously colluding to frame Cassidy – the DA promptly charges Cassidy with rape, and sets his trial for approximately seven minutes later.
Heather testifies that four years ago, she was a dog-collar-wearing “sex slave,” and her pimp had her service Cassidy when Cassidy was doing undercover work. Witnesses confirm they were in a room together for two hours. Cassidy admits that having sex with her would have been rape (a legal conclusion I’m not sure this lay witness was qualified to make), but claims he just talked with her and kept the door closed to keep his cover.
Nick is called as a witness for the prosecution. Although his only role in this case was listening to Heather and Cassidy’s statements, Cassidy’s lawyer grills him about proper police conduct when you’re undercover. Nick admits that having sex with prostitutes is not ideal, whereupon the attorney dramatically swings open the courtroom door, leads in a busty brunette, and booms, “Do you know this woman, sir?”
Nick stares at her in shock. “Y-y-yes,” he stutters. “I know her . . . very well.”
Is she a sex slave? A prostitute? Someone in any way related to this case? Not at all! But Nick did have a fling with Cynthia ten years ago, when he went undercover in a totally unrelated case involving her druglord brother. And guess what? She bore Nick a nine-year-old son, which he never knew about until today. And now Cynthia is dating the World’s Beefiest Mid-Level Drug Dealer, who’s using Nick’s son to carry bricks of cocaine in his school backpack.
Nick and Cynthia have a teary reunion suggesting they were once terribly in love and would have walked off into some blazing sunset years ago, if not for an unfortunate mixup involving a jaunt she took to San Juan on just the wrong weekend.
Here’s where the episode stopped being Law & Order and became a Spanish telenovela. (But was I loving it? Si, si.)
Nick and Cassidy engage in the requisite bathroom brawl over who inappropriately shagged more women in their undercover days, which finally gets us back on track to the central plot question, which is: how will Olivia exonerate yet another boyfriend who’s been falsely accused of rape? (Note: if you date Olivia Benson, keep a good defense attorney on retainer.)
The SVU detectives apparently consult some comic-book-reading teenagers on the issue, and decide all the detectives should dress up – Amanda as a skanky gum-chomping drug addict, Cassidy as her butt-slapping boyfriend, Nick and Munch as stubbled, fedora-wearing mob enforcers – and convince Heather’s boyfriend to pay a gambling debt to the World’s Beefiest Mid-Level Drug Dealer, who thinks he’s heading to a shadowy underpass to sell drugs. When the transaction begins, another team of police officers pops up and arrests all the bad guys, who, like me, are very confused about what just happened.
Heather’s boyfriend fears a drug charge, and immediately confesses that he and Heather set up Cassidy in order to help the bigwig defendant Cassidy would testify against. Heather then admits she and Cassidy just “talked about dogs” for those infamous two hours. (Here’s a trick from the writing business: want to make your character more likable? Give him a dog.)
The charges against Cassidy are dropped. He and Olivia go for a drink.
Verdict: C
With its pole-dancing aerobics, Fuego-en-la-Sangre subplot, and cheesy undercover costumes, tonight’s episode was completely untethered from reality. Grading solely on realism, I’d be forced to flunk it. But the episode was so fast-paced, self-consciously campy, and just plain fun to watch, I’m giving it a break. Tonight’s show was like the class clown who skips his homework but does okay in school because he makes the teacher laugh.
What they got right:
Slim pickings in this category tonight, folks. Um… there are undercover officers in real life. When they infiltrate criminal organizations, they are often confronted with ethical dilemmas. For an excellent pop-culture portrayal of this, check out the movie Donnie Brasco, where Johnny Depp plays real-life FBI agent Joseph Pistone, who infiltrated the mafia in NY.
What they got wrong:
This was a fantasy of what sex slavery looks like. First off: “sex slaves” don’t look like younger blonde versions of Angelina Jolie on a good hair day. Victims of human trafficking are often immigrants, non-English speakers, minorities, the very young, and the very poor. Second, “sex slavery” in America rarely involves dog collars. More often, it is about a young girl who runs away with the love of her life to meet his family, only to find that the “family” consists of three other girls in his stable; she stays because of emotional coercion rather than actual chains.
The opening scene, where Barba was prepping Cassidy for his testimony in the actual witness chair was all wrong. DA’s might prepare a child witness in the courtroom, so the kid can see what it looks like and relax. But a veteran cop like Cassidy would have testified hundreds of times. He wouldn’t practice his testimony in the courtroom. Heck, if this were realistic, he might resist even talking in Barba’s office, saying, “Whatever, just read my paperwork.”
This entire episode would be a non-starter in real life. If the warrant charging Cassidy with rape came across my desk, I would have scribbled a long red “DECLINE” across it. In the “reasons” section of my memo, I’d write: “4-year-late disclosure, major bias issues, likely frameup to exonerate pimp charged w/murder.” Then I would have started an obstruction of justice investigation against Heather. (Heather’s claim would be turned over in the trial where Cassidy was the witness, as impeachment material on him.) The idea that the DA’s office would instead rush to charge its star witness with such a ridiculous and obviously false rape allegation is silly.
Finally, the idea of tricking two criminals into meeting each other for a drug buy/debt repayment seemed off to me – although it sparked a debate in my living room. My defense-attorney husband argued that nothing prohibits the cops from doing this, and that, as a plot device, it was clever and fresh. I argued that in real life, the detectives would set up undercover operations for each of the criminals separately, using police officers – who are much more predictable and safe and can testify later – as the UCs. Goes to show you – ask any two lawyers a question, and you’ll get two different answers. But since I’m the one writing this post (Ha, ha, sweetie! Get your own blog!), I’m putting this in the “wrong” column.
What do you think, SVU fans? Were you inspired to take a pole-dancing class? Who won that bathroom brawl? And how many episodes do you predict Olivia and Cassidy will last? Leave your comments!
RAF says
21 March, 2013 at 11:53 amI just want to point out that I have seen much weaker rape charges in this franchise. Have you ever seen an episode of the original law and order called Release where a murderess was able to argue that she was raped by the victim’s friend and not responsible for her actions despite the fact that she signed a consent form before having sex and was shown willing going to sleep with him. They are latter able to convict him by revealing another girl he had sex with committed suicide, while that guy was sleazy he did not do anything wrong. I would love to hear your legal view on that horrible episode. They have gone to trial with much less evidence then several witnesses saw her forced to go into a room with him for with him for 2 hours.
They treated Cassidy like they treat most suspects in this universe, guilty until proven innocent. However because he is a beloved character you are not supposed to notice that they have railroaded several suspects using the same methods.
I have not had a chance to watch most episodes this season because of the time change and have not been able to read your blog. You still provide some of the best insights on this show’s cases.
Toko Bali says
21 March, 2013 at 1:04 pm“Post-coital grin” made me laugh out loud.
Since there is so little realism in this episode, I’d like to ask about the smallest of details. Does a defense attorney, or a DA for that matter, get to suggest a lunch break? Isn’t that time set beforehand? And if the judge does take a suggestion from an attorney (because he has an amazing voice perhaps), is there really a situation where you just need those 30 minutes to Matt-Damon the hell out of your Rainmaker-case? If my lawyer can’t save my ass without that lunch break, I’d be worried.
Jessica Souza says
27 March, 2013 at 12:38 pmI don’t think he asked for the lunch break, he only suggested they pick back up after the lunch break (as opposed to putting off the lunch break). And I think he suggested it only to ensure Amaro’s ex was there. He needed for that door to be opened to be able to allow her to come in. His ex did say that she was approached by the defense attorney “that morning.”
Michelle Cunin says
22 March, 2013 at 7:57 amI got thinking about what you said about Barba going over Cassidy’s testimony. Outside of using it for dramatic effect, what if it’s a lawyer ego thing? Cassidy may have testified a thousand times over other cases, but Barba did it because Cassidy never testified for him. I sustained a back injury in 2003 and went to my share of doctors. One even had me run through a battery of tests that I just went through a few months earlier. When I told him that I already went through that, he looked at me and said, “But never for me.”
Maybe it’s the same thing with Barba. It’s more of an ego thing. Not that I actually watched the episode.
Carl N. Brown says
22 March, 2013 at 9:43 amSo the unknown he was Mayhem Like Me and not the Man They Call Jayne. Gorram.
Anyhow, I thought modern rules of evidence, Rules of Discovery, prevented unprepared 1950s-TV-Perry-Mason surprise witnesses (or their love childs) from ambushing defense or prosecution.
(Off-topic, I still find it amusing that the lowest trial court in the NY court system is called Supreme Court.)
James Pollock says
23 March, 2013 at 1:46 amYou haev to disclose the names of witnesses in advance, so that both sides have an opportunity to interview the witness and learn what testimony they’ll give (which gives time to arrange rebuttal witnesses or investigate further.), and the prosecution has a Constitutional duty to disclose evidence which may tend to exculpate the defendant. Because both sides investigate thoroughly, they tend to have a pretty good idea of what evidence the other side plans to introduce and what legal theories they plan to advance.
So, not a problem here. They didn’t call baby-mama to testify, and her existence isn’t exculpatory, so no requirement to disclose her in advance.
Charity Froggenhall says
22 March, 2013 at 8:04 pmCan’t fault Olivia’s taste in men. Dean Winters only gets better with age. Hubba hubba.
Jessica Souza says
22 March, 2013 at 11:44 pmWould Cassidy really have testified thousands of times if he spent most of his career undercover?
Plus, would someone have to be prepared for their testimony if they have a personality such as Cassidy’s? Someone prone to outburst?
Jessica Souza says
23 March, 2013 at 12:28 amAlso – it wasn’t an “obviously false” allegation (in my own opinion but youre the expert) – if you remember, Michael Jackson went to trial based on lesser allegations. She knew about the scar, and there was proof that she was in a room with him for two years. Plus, if she really had been raped, what if she didn’t courageous enough to testify about it until a time when she felt Cassidy was more vulnerable than normal?
Just wondering your thoughts about that, I really love your blog! Glad I found it! It’s a good thing we aren’t friends, I’d probably text you all the time, “So, the DA just did this – IS THAT LEGAL?!” 😉
Alenna says
24 March, 2013 at 10:01 amWell this was an interesting episode. Not based in anything real-world as you pointed out, but entertaining. I wondered about the protocol of bringing up undercover work in an open courtroom. Don’t they have to make some special deals with judges and prosecutors to release that type of information? Wouldn’t Cassidy have signed some sort of non-disclosure agreement about releasing that sort of information, even to his lawyer? Also, how would he find out what Amaro did undercover? Usually that sort of information is compartmented to just a few people – it could cause some major payback and revenge issues if that sort of information is “leaked” out. It could get somebody (like informants) killed.
Anna says
24 March, 2013 at 3:45 pmSo many flaws and yet I love this show so much. Benson and Barba are two of my favorite characters of all time. I miss Stabler, but this remains one of my very top-favorite shows, warted inaccuracies and all.