Kiss the Girls and Make Them Die

This episode appears to be based on the 1986 Robert Chambers (a.k.a. "The Preppie Killer") case. Chambers strangled 18-year-old Jennifer Levin to death in New York's Central Park in 1986. Chambers, who was painted as privileged by the press, had come from a much different background: he was handsome, attended prep schools but on scholarships, and had a long history of anti-social behavior and run-ins with the law. (In this episode, the handsome Ned Loomis comes from a prominent family, went to prep schools and Ivy League universities, and has no criminal history.) When questioned by police, Chambers told several different stories about his encounter with Levin. Including one story that he accidentally killed her after she "forced" and "overpowered" him into rough sex--all of which were proven false by the investigators. Also In this episode, Detective Logan overhears Ned Loomis yelling at his lawyer, "Why couldn't she just leave me alone?" Chambers had said the same thing to his father after his own arrest. Chambers eventually pleaded guilty to manslaughter and served 15 years before being released in February 2003. Five years later, on August 11, 2008, the Manhattan District Attorney's Office announced that Chambers had pleaded guilty to selling drugs and was sentenced to 19 years in prison. His earliest date of possible release is 2025.

EADA Cross says that Elyse Brody wouldn't be allowed to testify against Loomis because the rules of evidence don't allow a defendant's previous behavior to be used as evidence, even if he had been convicted of a previous crime. Which is incorrect, there are circumstances where a defendant's prior behavior, including arrests and convictions, can be introduced as evidence at trial. Normally a defendant's prior bad acts aren't allowed to be used as evidence, since it tends to prejudice the jury. However the state of New York has what is known as a Molineux hearing, which was first used in 1901, and is when the prosecution files a motion for a defendant's prior criminal acts to be introduced as evidence if it is believed they are extremely similar to and bear a direct connection to the crime the defendant is currently being charged with; for example if the defendant is being charged with raping, beating and strangling a woman and there is evidence he has assaulted other women with the exact same MO. The prosecution presents this evidence to the judge, who then must decide if its probative value outweighs its prejudicial value. If the judge decides the pattern and method of the defendant's prior acts matches the crime he is currently being charged with, to a degree too high to be coincidence, it is deemed to have a greater probative value and allowed to be introduced at trial.