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"Futility"
SVU, Episode 4.22
Production number: E3125
First aired: 25 April 2003
  th of 502 produced in SVU  
th of 502 released in SVU
  th of 1271 released in all  
Michael Gardner
Written By
Tara Butters & Michele Fazekas

Directed By
Alex Zakrzewski

A rape suspect handles his own defense and proves to be a formidable trial foe for Assistant District Attorney Cabot.

Summary[]

After arresting a man accused of raping several neighborhood women, Detectives Benson and Stabler attempt to obtain an indictment for their suspect with the help of a key eyewitness - his last victim. However, the suspect's decision to handle his own defense casts some doubt over the trial's outcome as he proves to be a formidable opponent for ADA Cabot.

Plot[]

The episode opens with the suspect Michael Gardner's arrest. Gardner maintains his innocence, while his lawyer points out that the evidence against him is circumstantial.

He is accused of raping four women. All four victims were strangled with a cord and cut across their chests. The only physical evidence is his fingerprint at a victim's apartment. Of the four victims, only Carrie Huitt saw her attacker. She speaks with Bethany Taylor, a rape counselor. Bethany convinces Carrie to face her attacker by picking him out of a lineup. She is brought in to identify her attacker, and definitively identifies Gardner.

Meanwhile, Detective Benson and Alex Cabot counsel the rape victims. The four women have to testify in front of the grand jury, but do not have to face Gardner there. Nevertheless, they ask for orders of protection, a type of restraining order. When Carrie sees Michael Gardner at her local coffee shop after he made bail, she calls the police. Gardner is not arrested because it is plausible that he was merely patronizing the coffee shop without intending to stalk Carrie there.

Benson and Stabler visit another victim, Karen Leighton, at her apartment. As they are leaving, they notice Gardner standing outside on the sidewalk. They arrest Gardner for breaking the order of protection; he claims he was merely walking his dog. Gardner faces Judge Arthur Cohen to answer for intimidating these women. Cabot argues that the coffee shop may be a coincidence, but his actions indicate that he was menacing his victims. Gardner decides to represent himself and argues that both situations are coincidence. He also notes that he did not have contact with either woman. The judge agrees and dismisses the charges as "facially insufficient".

Gardner chooses to represent himself at the trial for the rapes. Cabot and the SVU detectives see him as intimidating his victims even in the trial process. However, he has the right to represent himself. As Cabot and the detectives discuss the evidence, Cabot is served with Gardner's motion to sever the charges. He wants each rape to be tried separately, so the physical evidence from the fourth rape will not be introduced at the other three. Cabot cites precedent for combining the rapes, but Gardner cites another case supporting his position. Judge Lois Preston sides with the defense. Gardner is pleased with this victory and moves to dismiss the charges of the first three rapes. The judge agrees that the first three rapes lack sufficient evidence and dismisses the charges.

Since Gardner would be cross examining her personally, Carrie Huitt decides not to testify at the trial. Detective Benson and the rape counselor Bethany Taylor convince Carrie to testify. At the trial, Gardner focuses on Carrie's identification of him in the lineup. Gardner notes that Benson arrested him and talked to Bethany Taylor before the lineup. He implies that Benson could have told Bethany to tell Carrie to pick him out.

Gardner demands that Bethany Taylor testify about what she and Carrie talked about. Cabot points out that the conversation between counselor and victim is protected. Gardner subpoenas her testimony, citing concerns that his due process is being violated by potential evidence being withheld. Judge Preston compromises, and decides to interview Bethany Taylor privately to determine if the lineup was tainted. Bethany refuses to talk even to the judge, and is arrested for contempt. Benson pleads with her to testify, but Bethany explains that testifying would set a precedent and lead to a slippery slope. If conversations with victims could be revealed, victims will not talk to counselors.

Benson convinces Carrie to waive her right and allow Bethany to testify to the judge. Judge Preston determines that Bethany did not influence the lineup and nothing of their conversation will be heard in court. Gardner is furious and tries to object. Judge Preston adjourns the trial for the day. Outside the court, Bethany approaches Detective Benson. A man who raped one of Bethany's patients demands to know their conversation and has issued a subpoena. Six of Bethany's patients quit counseling; Bethany blames Detective Benson who is left guilty.

Benson and Stabler have a heart-to-heart. Benson says that Gardner's justice would come at too high a cost if women do not trust rape counselors. Benson wonders about the futility of arresting a rapist when another will take his place. Stabler reassures Benson that she is a good cop because she feels so passionately for the victims. He also reminds her that she can quit if she is to upset.

The next day at trial, Gardner is missing. His lawyer, Erin Russ, says that she does not know where he is. Another victim is found with the same MO as Gardner's four rapes. This victim was murdered as well, with a piece of her arm bitten off. Dr. Warner confirms Gardner's bite mark on the victim's arm, due to the matching of his dental record.

Benson and Stabler show this to Russ who is in disbelief but again says she does not know where he is but promises to call them. The detectives review Gardner's financials and find a large withdrawal at a check-cashing spot. The security tapes show Gardner leaving in a white Lexus SUV, driven by an unidentified woman. The Detectives pore over his phone records and realize that Gardner called his lawyer before he was even arrested. They look at Erin Russ' records and discover she owns a white Lexus SUV and realize she has been having an affair with Gardner.

Benson and Stabler rush to Russ' apartment, where they are told by Russ that the door is open. Inside they find Russ, who is covered in blood and discover she has murdered Gardner, with him lying dead on the floor. She says that she found the knife Gardner used in the rapes and murder in her Lexus. She had confronted him, but he denied responsibility even after everything. When Benson says it is justified if he attacked her, she somberly remarks that it would be if he attacked. Her statement makes it clear that she attacked him in a blind rage and is guilty for being with him.

Benson arranges for Carrie and Bethany to view the body of Michael Gardner. Carrie is relieved that he is dead, and her torment is over while walking away. The episode ends with Benson covering Gardner's body.

Cast[]

Main cast[]

Recurring cast[]

Guest cast[]

References[]

Quotes[]

Tutuola: [to Kimberly Gardner] Your dinner's here. It's on NYPD.

Erin Russ: How did he get hurt between his home and the station house?
Cabot: I don't know, how did he?
[Looks at Detectives Tutuola and Stabler]
Tutuola: He fell.
Erin Russ: Bull.
Cabot: The only injuries I see are Mr. Gardner's torn knuckles from punching Detective Benson in the face, so unless you want to add the assault of a police officer to the list of charges, I suggest you move on.

[about Carrie identifying her rapist]
Benson: Listen, Bethany, this case lives or dies by her ID.
Bethany Taylor: So no helping, just emotional support. I'm a rape crisis counselor, Detective. I've done this before.
Benson: Yeah, I know. I just really want to get this guy.

[about Carrie Huitt identifying Michael Gardner as her rapist]
Erin Russ: [to Cabot] Want me to leave the room so you can tell her who to pick?
Cabot: Oh, give it a rest.

[after Carrie tells Olivia that Gardner followed her into a coffee shop]
Cabot: It's not enough.
Benson: Hold on, Alex. You think this is a coincidence?
Cabot: Probably not, but a judge won't call it a violation. She entered the establishment, so in essence she followed him.
Stabler: Gardner's got to know where Carrie lives. He attacked her right in front of her own building. If he's stalking her, he's got to know where she gets her coffee.
Cabot: His lawyer will argue that they live in the same neighborhood. It's not implausible they would frequent the same places.
Benson: Orders of protection are real helpful when you can't enforce them.

Michael Gardner: Why are you harassing me? I didn't do anything.
Stabler: Violating an order of protection, you moron. You just bought yourself a cell in Rikers.

Benson: Gardner didn't attack Karen Leighton near her home. He got her address from the order of protection. I mean, we try to protect them, and then we end up giving the guy a map to find his victims. I mean, next time we should just drive him there.

[after Carrie refuses to testify in court and Olivia tries to talk to her]
Benson: Could you tell me why you changed your mind?
Carrie Huitt: You know why. I don't want to talk to him, I don't want to hear him. You know, I have to get on with my life. I can't keep going back to this.
Benson: Carrie, how are you going to get on with your life knowing that Gardner got away with it?
Carrie Huitt: It's not my fault, it's not my responsibility.
Bethany Taylor: That's right. You're only responsible for yourself.
Benson: [to Bethany] Did you discuss some of the positive things that could come out of a victim testifying against her rapist?
Bethany Taylor: [to Carrie] It's often empowering. The attack was out of your control, but in court you have complete control.
Benson: And even though Gardner is doing the questioning, he is bound by the rules of the court. All that you're bound by is the truth.
Carrie Huitt: I just want I just want to get over it. When am I going to get over it?
Benson: Carrie, I have never known a single victim who regretted testifying against her rapist, no matter how hard it was, but I have known plenty that wished that they had. And by then, it was too late.

Benson: Once the fingerprint came back we apprehended the defendant outside of his home. I advised him of his Miranda rights, detectives Stabler and Tutuola questioned him, with his attorney present, and Carrie Huitt positively identified him as the man who had raped her the night before.
Cabot: Thank you, Detective.
Michael Gardner: Why didn't you question me, Detective Benson?
Benson: I was preparing your victim for the lineup.
Michael Gardner: Oh. So it wasn't because I punched you earlier that night?
Cabot: Objection! Relevance?
Michael Gardner: I'm trying to ascertain whether or not the detective has a personal stake in my rest in prosecution.
Judge Preston: I'll allow it.
Benson: I have no personal stake in you.
Michael Gardner: You're not mad at me? Or, uh, embarrassed that I eluded your grasp in front of your colleagues?
Benson: It's not uncommon for a perpetrator to lose control of himself, and I have certainly been hit much harder.

Benson: This is crap, Alex.
Cabot: Yeah? 'Cause it looks to me like Michael Gardner making a really good case for tainted identification. I wish you'd told me about this, Olivia.
Benson: Hold on. That line-up was not tainted.
Cabot: How do you know?
Benson: What could a rape counselor possibly gain from helping a victim make a false ID?
Cabot: It doesn't matter what happens, only what appears to have happened.
Benson: Oh, come...
Cabot: If the judge tosses this ID, this case is screwed.

Judge Preston: [to Olivia about Bethany] Detective Benson, I need you to take Ms. Taylor into custody for contempt.
Benson: Wait, Judge, there's got to be another...
Judge Preston: Either you do it, or I'll get someone else to.

Benson: [to Bethany] Well, did you tell Carrie what Gardner looked like before the line-up?
Bethany Taylor: You know I didn't.
Benson: Then what does it matter? Tell Preston what you talked about. She'll find it immaterial to the defense, and then no one else has to hear about it.
Bethany Taylor: Then the precedent is set. And every subsequent rape survivor gets to wonder, "Can I talk about this or will everything I say be broadcast on Court TV?" No one will trust us and no one will report the crimes.

Benson: You're not wearing your engagement ring.
Carrie Huitt: Yeah, that was my decision. I didn't want Eric to have to wait around for me to get back to normal. I couldn't have sex without crying. I love him, but I'm never going to be back to normal.
Benson: Carrie, I really don't think that this is the right time to be making these kind of decisions.
Carrie Huitt: When is the right time? You're all sitting around waiting for me to shake this off and get back to normal. You have no idea. I can't sleep more than I hate to be alone. But, God, I hate to be around people more. And I am so afraid to walk outside or be in a crowded place, because, you know, I might see him. And all I can think to myself is it would've been so much better if he'd just killed me. So, that's what I talked to Bethany about because she told me that I could say anything to her and no one would ever know.
Benson: Nothing that I do will ever change what happened to you. I can only try to prevent it from happening again. Except everything that I have done has failed. I'm not going to pretend that this is a good thing or that this is a fair thing, but I have to ask you for your help because you are our last chance.

Carrie Huitt: [to Bethany] I waived my rights.
Bethany Taylor: And I wish she didn't make you do that. But it doesn't mean anything. I still won't talk.
Carrie Huitt: It's my decision and it's already done. You said that this is about control, right? Taking it back. Well, I am. I do not want there to be any chance that this guy can get away, so please testify to the judge. It's okay. It's... it can't get any worse.

Benson: Bethany, I know you didn't want this, but thank you anyway.
Bethany Taylor: I didn't do this for you. I did it for Carrie. Want to know what you did, Detective? This is a subpoena from a man who raped another client of mine. He wants her records disclosed. So I was thinking you'd be the perfect person to bully her into waiving her rights.
Benson: I did what I had to do to stop Michael Gardner from raping another woman.
Bethany Taylor: Six of my clients already quit counseling. They don't trust me anymore, but you got your win. Who cares if it's at everyone else's expense?

[When Olivia stops by Elliot's house]
Benson: Where is everybody?
Stabler: Kathy took the kids to "La Boheme." Pass.
Benson: So on your one night as a bachelor, you go to the grocery store? That's pretty pathetic.
Stabler: Grocery store with strippers.

Benson: I made Carrie relive the worst thing that's ever happened to her. I screwed any number of victims who might have sought counseling from Bethany Taylor. And a few less rapes may be reported because of it.
Stabler: And if Michael Gardner is convicted, he'll never rape another woman.
benson: It's not worth it. It's not worth the cost.
Stabler: To you or them?
Benson: I'm not talking about me.
Stabler: Yeah, you are. For as long as I have known you, you've always identified with the victims. Now, maybe that's because you're a woman. I don't know. I do know it's one of the things that makes you a great cop. It's also one of the things that makes this job torture sometimes. You can never go back and change things that have already happened, Olivia. You can't. You kill yourself to make something happen or you do nothing.

Stabler: Olivia, no one's making you do this. The difference between you and all the victims is you can walk away.

[after it's revealed that Michael Gardner is nowhere to be found]
Munch: Locals are putting Gardner's mug shot on the 11:00 news. It'll be in the papers in the morning.
Dr. Huang: But there's still a possibility that he's staying in town despite the danger. He's already shown a propensity for stalking which means that any number of people could be a target.
Cragen: That's why I want warnings out to the judge, the D.A's, every witness, victim, juror. Anybody who set foot in that courtroom that he could see as an enemy.
Stabler: [answers the phone] Stabler.
Cragen: That includes you, Olivia. This guy's got a hard-on for you.
Benson: Good. I hope he tries something.
Stabler: He did try something. Another attack.

[to Erin Russ about Michael Gardner]
Stabler: Still think your client's an innocent man?
Benson: This is no longer a case of mistaken identities or false line-ups. This man is guilty of rape and murder.
Erin Russ: If I knew where he was I'd tell you.
Stabler: People are in imminent danger here.
Erin Russ: I told you, I don't know where he is. If I hear from him, you're the first call I'll make.

[after Michael Gardner is found deceased in Erin Russ' residence and she is presumed to have murdered him]
Erin Russ: I found the murder weapon in the car. He denied it, even after I found everything.
Benson: If he attacked you, there's nothing you could have done.
Erin Russ: That's right. Justifiable homicide. If he attacked me.

Background information and notes[]

  • Benson takes a punch to the mouth in the first scene, but never shows any signs of bruising.
  • The song used in the opening scene of the episode is "Dear Claudia" by SouthFM.

Episode scene cards[]

1 2 3 4

Nice Perks Coffee Shop
680 Amsterdam Avenue
Tuesday, March 25

Apartment of
Karen Leighton
177 West 95th Street
Tuesday, March 25

Motion Hearing
Thursday, March 27

Trial Part 22
Friday, March 28

5 6 7

Apartment of
Carrie Huitt
101 West 88th Street
Monday, March 31

Trial Part 22
Tuesday, April 1

Trial Part 22
Wednesday, April 2

Previous episode:
"Fallacy"
"Futility"
Law & Order: Special Victims Unit
Season 4
Next episode:
"Grief"
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