A nightclub has been rented out for use in a production of 'Babes Being Bad.' Loud music plays, and women in various states of undress dance with men. The host of the show, and CEO of Babes Being Bad, Chris Drake, walks around with a cameraman and asks various women to lift their shirts or show their underwear; all oblige. He finds two women and asks if they're ready to have sex with him, and both enthusiastically agree. Outside, Chris asks the women to make out for Chris on camera. They do so, with Chris providing commentary.
"I think these babes are ready to get very, very bad."Chris, the women, and the cameraman get onto Chris's decadent tour bus. Chris tells the women that he wants a threesome, and asks them to take off their shirts. While they do so, the cameraman sees a dead body in the back of the bus. Chris orders the filming to stop as the women flee. A uniformed officer tells Cassidy that the dead man is Hudson Moore. Cassidy says that she recognizes him as perpetual tabloid fodder, and the officer says that Moore has five billion dollars in family money. Green asks if Babes Being Bad was Moore's operation, and the officer directs them to Chris. Cassidy is grossed out.
"I'll take the body."Green talks to Drake, who has no useful information. He says that there wasn't anyone at the party who got violent. He and Green bicker about talking to the security guards, but Green insists and Drake eventually relents and says that the police can question the guards. Inside the bus, Cassidy shows Green the murder weapon — a wine bottle. There is also a partial fingerprint on a windowsill; the killer escaped through the window. Green and Cassidy muse about how much money Chris makes with Babes Being Bad, with Green saying that the women are selling their dignity for a fleeting moment of fame. Van Buren asks for an update, and Cassidy says that there were no prints on the bottle and the window fingerprints are not in the system. No one saw Moore leave the party or enter the bus. Moore also has a bevy of enemies thanks to the tabloids quoting the offensive things he says. He changes girlfriends quickly and has a plethora of ex's. Green comes in and says that Moore's last phone call was from his brother Bryce. The call warned that Moore would have to someday pay for his actions. Bryce Moore, looking disheveled, says that the family is devastated. Asked about the call, Bryce says that Hudson let a rich friend of his follow him around for three days with a camera, and embarrassed himself and the Moore family. They ask for an alibi, and Bryce says that he was a charity auction. He gets offended at the question. Bryce says that Moore's latest social problem was a Samantha Beresford breaking up with him. Cassidy doesn't know the name.
"Because she's from a good family. Who knows how to keep their name out of the paper."Bryce asks the detectives to leave. Beresford says that she dated Moore until he insulted a friend of hers in the tabloids. She last saw him at a bar called Catalyst, which was hosting a Babes Being Bad show. At the bar, he wound up talking to another girl that Drake brought along to anger Berensford — Drake had been interested in her at one point, but she'd chosen Moore over him, so he wanted to make her jealous. Berensford had actually dated Drake for a little while, but thought that Chris's pornography business was shameful, so she broke up with him. Chris was angry. The detectives ask Drake about Berensford, saying they know that he sent her lots of messages and flowers. Drake tries to play it off as her being cute, but Cassidy doesn't buy it.
"You're up to your neck in cute. She's old money."Chris insists that there was no love triangle. Hudson and Berensford had already broken up, and neither cared about the other anymore. Green asks why Chris hung out with Moore, and Chris says that he wants to buy his distributor and was hoping to convince Moore to front him the money. Green says that Chris has his own money.
"Yeah. And I'm new money. It all spends the same, really."
—Nina Cassidy and Chris Drake
"Two most important rules of business… one, never take no for an answer, two, never use your own money."Annoyed by Chris's attitude, Green asks for Chris's location. Chris says that he was in the party, working. His bodyguard Deon can back him up. Green tells Van Buren that Deon confirmed Chris's story, but Deon was Chris's bodyguard for four years so he might be lying for him. He doesn't think Chris has a motive, though; Chris is rich and has his pick of beautiful women, so Green thinks it's unlikely that Chris would kill for Berensford. Van Buren says it's happened before. Cassidy comes in with the news that a man named Richard 'The Bomb' Condell was just booked at Rikers for assaulting an undercover cop during a drug buy. Condell had Moore's watch in his pocket, and tickets from the Babes Being Bad party. Green confirms that Moore had no watch on when he died. Van Buren sends the two to Rikers. Condell shouts that he didn't steal the watch; he went to the party to return it. He claims that Moore used to date a girl named Tara, who now dates Condell. Moore gave Tara the watch, but after he broke up with her and insulted her in the press, Tara wanted to trash it. Condell persuaded her to let him return it. Green tells Condell that he knows that Condell isn't telling everything. Condell says that Drake can back up his story; Drake was with Moore when Condell tried to talk to Moore, and Drake had Condell ejected from the party. This happened outside the party, near the bus. This conflicts with Drake's earlier statement that no one was bounced, as well as his statement that he was in the bar all night. Condell also can tell them that the two were talking with a girl, though he doesn't know her. His description is just that she was white with blond hair. Drake, in interrogation, is indignant at being a suspect. Green says that Condell was elsewhere buying drugs when Moore was killed, so his timeline actually makes sense. Drake tries to pass his lies off as memory problems; he'd just seen Moore get killed and was spooked. He tries to get up, but Green tells him to sit down. Drake waits a few seconds as Cassidy watches, then sits down. Cassidy reads an email Chris sent Berensford, asking her to come back to him. Cassidy offers him a chance to cop to involuntary manslaughter, but he won't. He lawyers up. Outside, Van Buren tells them that there's some bad news. An officer shows the detectives and Van Buren surveillance footage of the bus. At 10:45, Chris got on the bus with the girl that Condell saw. Twelve minutes later, Chris gets off and talks to Moore, who gets on the bus while Chris returns to the party. Moore never gets off the bus, and no one else gets on until Chris, his dates, and his cameraman around midnight. The girl was the killer. Van Buren says that Drake knows the girl's name, but Green points out that he lawyered up. They decide to go talk to Deon again. Green watches the video one more time, seeing the girl and Drake get on the bus. Shooting pool at the Babes Being Bad headquarters, Deon says that he didn't lie and honestly doesn't recall Drake leaving the party. He doesn't know the name of the women, even when Green threatens him with a hindering prosecution charge. Deon does say that there was a guest list, but walk-ins were also allowed if they were pretty enough for Drake's standards.
"She gets in if she's slutty."Green asks if the girl might be in other video footage of the party, and Deon says yes — all the partygoers may have been videotaped. This means that everyone would have had to sign a release form, including Drake's date. Green asks Deon why he didn't just say that to begin with, and Deon says that he didn't want to risk his job.
—Nina Cassidy and Deon
"A Hell of a job you're trying to hold on to, bro."The bartender looks at a photo of Drake's date talking to her, but doesn't know her name. Five people asked her to point out where Drake was, but she doesn't remember anything about them. The detectives badger her, and Cassidy eventually tells her that she needs to stop and think about what they're asking her. She looks at the photo and remembers that, of the five people who talked to her asking for Drake, one was named Nicole, and she was a blond. At the precinct, Cassidy says that she's depressed that 300 women were at the party, flashing the camera for a second of fame. The two of them have found three Nicoles in the release forms. Cassidy says that the video is forever, but Green says that boredom can seem to last forever too, at least to a teenager. Cassidy is upset at this, saying that she never had the urge to strip. The two determine that none of the Nicoles have a record or any prints in the system, so they'll need to talk to them all. Nicole Carlotti doesn't recall being filmed, saying she'll have to buy the DVD to find out. She was too drunk to notice much of what was going on. She doesn't recall getting on the bus. She says that the Babes Being Bad show is getting more towards straight pornography, and that a friend of her saw sex toys on Drake's bus one time. She finishes by saying that all she did was flash the camera.
"Or so you think."Nicole Milton is amused by the questioning, and says that while she didn't get on the bus, she would have if Drake had asked. She spent most of the time at the party throwing up from the jello shots. Nicole Flynn refuses to turn over her fingerprint, saying that she doesn't want it in a government database. She says that she didn't meet Moore or Drake, and is adamant about not giving her fingerprint. The cops say that this is okay, and Cassidy hands her two business cards stacked together. When Flynn realizes that she got two, Cassidy apologizes and takes one back. On the way out, Green compliments Cassidy — they can run the fingerprints on the business card. At the precinct, Berensford identifies Flynn as the girl she saw with Moore at Catalyst. She says that she thought the girl was just a loser who wanted to get in with the rich crowd.
"It's like, she's cute but not hot so a guy with a few drinks in him will sleep with her."Cassidy is stunned into silence by this. Then Green comes in — Flynn's prints match the ones found on the bus windowsill. At Nicole's home, her parents Joseph and Eileen demand to know what is going on. They arrest Nicole, who apologizes to her parents. Joseph and Green begin shouting at each other, with Joseph demanding a lawyer for his daughter. In court, Nicole is arraigned by Judge Ina Hellman. Her lawyer, Dave Sugarman, pleads her not guilty. Rubirosa requests a million dollar bail. Sugarman says that Nicole has community ties, attends college, and works two jobs. When asked if he has anything else to say, Sugarman says that Flynn is innocent. Hellman is unimpressed.
"You don't say."Bail is set at half a million dollars. Flynn looks frightened. Sugarman then says that Flynn needs to talk with the prosecutors. Flynn tells her story at Rikers. She was in Panama City for spring break, and she ran into Drake, who convinced her to take her clothes off on camera. Drake further convinced her to dance naked on film. McCoy wants to know what this has to do with anything. Flynn says that she tried to get the tape back, so that her parents wouldn't see it. Flynn eventually tracked down Drake by going to bars and parties (explaining why she was at Catalyst), and Drake offered to sell her the tape for $10,000. Flynn had less than a tenth of that, so when she brought it to the party on the night Moore died, Chris said that it wasn't enough. He said that he'd give her the tape if she slept with him, though. They went into the bus, where Flynn started undressing, but changed her mind once Chris started kissing her. Chris didn't listen, though, and raped her. When he was done, Chris told her that she'd have to stay for another hour to get the tape back. He left, and then Moore got on the bus. Moore began touching her, and also wouldn't stop when she told him to.
"He said that Chris said it was ok."Flynn grabbed the bottle, bashed Moore in the head, and fled. McCoy and Rubirosa talk to Drake and his attorney Swain. Drake says, sarcastically, that he's shocked that a woman would accuse him of raping her. Rubirosa brings up numerous other cases where women allege that Drake raped them. Swain says that all charges against Drake were dismissed, and that Flynn, an admitted murderer, has no credibility. Drake admits to having sex with Flynn, but then Swain shuts down the talk. McCoy says that he's trying to prep his key witness, but Swain says that Drake will invoke his fifth amendment right not to say anything if he's called to testify. They leave, and Rubirosa says that Nicole is looking better to her. McCoy tells Rubirosa to try to validate Nicole's story. One of the friends tells Rubirosa and Cassidy that Nicole felt terrible about the tape. She couldn't tell her parents because they were very strict. When asked if Nicole dates a lot, the friend gets angry.
"Trying to figure out if she's a slut?"After some bickering, Cassidy says that someone is dead, so they have to ask questions. Rubirosa says that they're trying to help Nicole, and want to know what kind of person she is. The friend says that Nicole is smart, hardworking, and incredibly honest. Rubirosa tells Branch and McCoy that everyone says that Flynn was a good kid. Branch points out that Flynn admitted to killing someone. She adds that it's either her story or Drake's, and Drake 's reputation is worse than Flynn's. Branch says that they still need some proof that Flynn thought Moore would rape her, and that Chris actually did rape her. Rubirosa and McCoy say that they have the security tape; a lip-reading expert watched it and determined what Drake and Moore were saying. McCoy reads it; Drake told Moore that he had "a birthday present" for him in the bus, and that she was "good to go" and "likes it rough." Branch asks what their plan is, and McCoy says that he's going to plead out Flynn to 2nd degree manslaughter, and go after Drake. Branch thinks that they have a very thin case, but McCoy wants to argue felony murder — Chris committed a felony, rape, which lead to Moore's murder.
"…are you just trying to make an example out of this punk?"Drake is arrested in the middle of buying $6000 cases of wine. He yells at the cops and is marched out. In court, Swain argues that the rape was a separate incident from the murder. McCoy says that it wasn't; the rape was still ongoing since Drake told Flynn that she had to stay on the bus for an hour. Swain said that Drake couldn't have foreseen the murder, but McCoy says that he didn't need to; it was reasonably foreseeable and that's enough. Swain then says that Flynn killed Moore, so Drake can't have.
"I've been doing this too long to get emotional about the facts."
—Arthur Branch and Jack McCoy
"Even if Chris Drake did rape Nicole Flynn, so what? He didn't kill Hudson Moore!"McCoy says that this doesn't matter as long as the rape was connected to the murder. Judge Peter Waring is skeptical of the connection, but McCoy says that this is the whole point of the felony murder statute. Waring decides to allow the case, and denies Swain's motion to dismiss. In court, Flynn testifies that she told Drake to stop five times, but Drake kept going. She says that he pinned her to stop her from getting away. She repeats the part about telling her not to move. Joseph and Eileen look unhappy as they watch. Nicole then talks about Moore coming in and her killing him.
"Why did you strike him?"Swain wants to play the tape recorded of Flynn in Panama City. McCoy objects that Flynn is protected by the Rape Shield law, but Swain says that it shows prior sexual conduct between Flynn and Drake. McCoy wants to approach, and Waring allows it. McCoy says that the video has nothing to do with the trial, but Swain says that it's information about Flynn's character that the jury should hear. Waring allows it. On tape, Drake jokes with Flynn about removing her clothes, and Flynn flashes the camera. Flynn, on the witness stand, looks horrified, and Joseph leaves the courtroom. On camera, Flynn removes the rest of her clothes, and says that she's willing to sleep with Drake. Flynn looks horrified. Swain pauses the tape when it finishes, but after a few seconds, McCoy rises.
"Because he was going to rape me."
—Jack McCoy and Nicole Flynn
"Your honor, please instruct Defense to turn off the TV."Swain eventually does so, then drives home the point that Flynn wasn't forced into anything she did on the tape. Flynn says she was drunk, so Swain argues that Flynn clearly becomes sexually adventurous when drunk. Swain then has Flynn say that she agreed to leave with Drake and to have sex with him. When Flynn says she wanted the video, Swain calls her a prostitute, to which McCoy objects. Swain ends his questioning. Drake looks smug, and Flynn horrified. Drake testifies that he had sex with Flynn, and that he's sure that Flynn agreed to it. He says that Flynn signed a sexual consent form. Flynn looks down. McCoy looks stunned. Swain enters the sexual consent form into evidence. McCoy objects that the form should have been turned over during discovery, and Waring agrees, but says that it's not unduly prejudicial, and is crucial to Drake's defense, so he'll allow it. Drake testifies that he usually has women sign consent forms so that women can't later invent a rape story to try to get money out of him. Flynn, says Drake, signed it with a smile. He insists that she never told him to stop having sex. McCoy asks why Drake lied to the police about sleeping with Flynn, and Drake says that he didn't lie, he just forgot — he has sex with so many women that he loses track.
"I lead an unusual life… given my wealth and notoriety, I meet lots of women."McCoy demands to know why an honest man would want sexual consent forms. Drake says that he was inspired by the Kobe Bryant rape accusations. McCoy says that Drake can get away with rape if a woman changes her mind later; Swain objects and Waring sustains it. Outside, McCoy asks Flynn how she could forget signing the form. Flynn says she thought it was a video release form; she didn't read it and just wanted to get out of there as soon as possible. She sobs that she didn't mean to destroy the case. Rubirosa assures her that it's okay. McCoy tells Rubirosa to see if any of the forms were signed before the date that the accusations about Bryant surfaced.
"The date Drake claims he had his sexual consent form epiphany."Later, Rubirosa finds over 70 forms signed prior to the Bryant case. She also finds information on a Cheryl Perkins, who killed herself two months after signing one such form. She told her mother that Drake ruined her life shortly before killing herself. Roberta Perkins testifies that her daughter Cheryl left her the consent form the date that she killed herself. Cheryl was only 16 when she signed it. McCoy asks why Cheryl left the consent form; but when Roberta says that it was the reason she killed herself, Swain objects on the grounds that it's hearsay. McCoy rephrases, asking where the consent form was left. It was on Cheryl's desk, next to her suicide note. Roberta testifies that she had heard of Drake before; five months before the suicide, Cheryl told her that Drake raped her. Swain again objects based on hearsay, but McCoy argues that the cry of someone being sexually assaulted is presumptively truthful and is an exception to hearsay. Waring has the lawyers approach. Waring says he'll allow Roberta to testify about the conversation, but she can't mention the contents of the suicide note, or the fact that Drake's name is in it. Swain objects but is overruled, and Waring asks that there be no more objections. Roberta testifies that Cheryl, drunk, flashed the camera at a Babes Being Bad party, and Chris would only give her the tape if she slept with him. Like Flynn, she tried to back out before actually having sex, but Drake raped her. Roberta asked Cheryl to tell the police, but Cheryl had already taken a payoff from Swain and signed the consent form. Cheryl later mentioned that she felt herself to be worse than even Drake because she let Drake buy her off. She hung herself twenty minutes later. In a conference room, Swain says that no one will believe Flynn, who took her clothes off on camera and signed a consent form, and adds that, even if the rape charge stands, the felony murder will never hold up. Drake scowls at McCoy. McCoy offers a plea to rape, for a sentence of 5 to 15 years. If Drake takes the deal, McCoy will dismiss the felony murder charge.
"Five years? Are you crazy? I'm not a criminal, man. I'm a businessman, an entrepreneur."Drake rants about how he's incredibly rich, the tenth richest man in the world under 30 years of age. He has three houses, a jet, a yacht, and thousands of fans.
"I can't go to jail. Not for screwing some party girl from Queens who decided to go ghetto and kill my friend."McCoy says that he'll ask for 25 to life if Drake is convicted. Drake demands to know why McCoy hates him, wondering if it's for Drake's fame, riches, or ability to have sex with any of thousands of women. McCoy says that he doesn't care.
"Then what is it? Tell me!"Drake says that he's not a terrible person, arguing that women have been having drunken sexual escapades for millennia, and he's just the first person to film it. They argue, with Drake insisting that he didn't kill anyone. McCoy finally tells Drake why he hates him.
"You've had quite a run for someone so long. Exploiting unsuspecting college kids. Taking advantage of their youth, their innocence, their vulnerability. And if they change their minds, to Hell with them! A release is a release! Like it or not, the world is going to see you naked! Unless you pay me. Or screw me. That's a lot of heartache. A lot of ruined lives. And no one could touch you. But now, you are directly responsible for a death. And I intend to make you pay for that. Am I happy? Yes. But it's a side benefit."Rubirosa comes in — the jury returned. Drake rejects McCoy's plea offer, saying that someone on the jury watches his videos and loves them. The jury forewoman reads the verdict. Drake is found guilty of both rape and felony murder. Drake is disbelieving, first protesting that they can't do this to him, then breaking down.
"Please, I beg you! Don't send me to jail!"Drake is dragged from the courtroom. Flynn remains in her seat as everyone else gets up, looking sad. Later, Rubirosa wonders if Drake was convicted for what he did to Flynn or to Perkins. McCoy says it doesn't matter.