The Listener Episode 1.08 One Way Or Another

After a great workout, Oz asks Toby if he's ever met anyone one else with telepathic powers. Toby admits there was one girl in high school who always knew exactly what was on his mind -- sex! Oz thinks the fact that Toby hasn't seen his brother since he was born, but knows his entire life story, is sorta creepy. Ryder interrupts the guys on their way to the showers. There's a 261 in the park, so they better get a move on.

When Toby and Oz arrive at the park, a crowd of looky loos are circling around a rookie cop as he brusquely questions the assault victim, college student Hannah Simmons. Her attacker came out of nowhere and pulled her into the bushes. When the cop can't understand why Hannah can't give a description of her attacker, Toby fills in the blank: he was wearing a mask. When Hannah vomits blood, Toby deduces that she's hemorrhaging, and calls for help. When Oz tries to pick up Hannah's feet, she screams, giving Toby a vision of the attacker taking her shoes.

Charlie meets the ambulance, asking about Hannah's shoes. When Toby informs that Hannah's attacker took them, he reads Charlie thinking, "Not again!" Charlie sits vigil while Hannah undergoes surgery. Toby stops by to tell her about the mask from his flash on Hannah. Charlie demands to know if Toby read Hannah's mind; hasn't she been violated enough? Toby explains that he didn't probe. Sometimes when people have strong emotions, thoughts break through. Olivia reports that surgery went well. When Hannah wakes up in a few hours, Charlie can ask if she'll consent to a rape kit.

On another call, Oz remarks that rapists should be castrated. At least he doesn't have to actually see what happened. Toby admits he tries to block that stuff out. Oz thinks Charlie looked like she was ready to kill, but Toby insists that she's a pro. They guys tend to battle axe science teacher, Miss Naymark. She's suffering a sprained ankle, but according to students, she collapsed. Miss Naymark admits to having just quit smoking after 35 years and is having trouble breathing, so Oz jokingly persuades her to go to the hospital.

Hannah wakes up and refuses the rape kit. Even though she just wants to forget the whole thing, she submits to Charlie's questioning, insisting that she wasn't raped. Charlie claims it doesn't matter whether or not penetration was achieved; it's still sexual assault. Since Hannah didn't see her attacker, the only thing she can point to is that he wore a mask and took her shoes. Charlie leaves, promising to catch the guy, which Olivia points out, is a pretty tall order. But Charlie's wheels are already in motion. Last year she almost caught the Park Trail serial rapist, but he was released on a technicality. This time, he won't be so lucky.

Olivia isn't happy when Toby and Oz wheel in Miss Naymark, her old science teacher. Back in school, nothing Olivia did pleased Miss Naymark, who immediately insults Olivia, mistaking her for a nurse. Charlie proceeds to an apartment building, where super Lyle Snelgrove escorts her to the apartment of Brian Litvack. A few years ago, Charlie fingered Litvack as the Park Trail Rapist, and thinks he's responsible for Hannah's attack, which has the same M.O. After the last go-round, Litvack knows his rights, and shuts the door on Charlie to go call his lawyer.

Toby visits Hannah, now stable. In a flash, Toby learns that Hannah punched her attacker in the face, and blood dripped from his nose into her hair. Claiming he didn't violate Hannah's privacy, Toby calls Charlie with the news, so Charlie has Olivia perform a test to find the blood. Now all Charlie needs is a DNA test to match the blood to Litvack, but Becker refuses to sign her warrant for his DNA. Litvack was cleared of all charges, so Charlie shouldn't be wasting her time with him, unless she has hard evidence to connect him to Hannah's assault in the park.

Initial tests indicate that Miss Naymark's lungs are clear, but her T-cell count is high and her immune system is weak. Olivia claims the cause could be anything, and she'll need more tests. Miss Naymark tells Olivia to stop being lazy; when she comes up with more of a probable cause, only then will Miss Naymark consent to more tests. Olivia slumps out of the room, complaining to Toby that she feels like she's back in school with a teacher she just can't please. Toby reminds Olivia that she's one of the best doctors in the city, and Miss Naymark is lucky to have her.

Toby bumps into Charlie, who's upset that she can't get a warrant on Litvack. She had the Park Trail Rapist dead to rights, until she screwed it up. With a search warrant en route, Charlie pulled a pair of the victim's shoes out of Litvack's storage locker, but the warrant only covered his apartment. When she tried to get another warrant, Litvack's lawyer accused her of planting evidence, and the case went down the drain. Although Charlie is convinced that Litvack is guilty, Toby thinks he may not be, so he offers to vet him. Charlie is skeptical, but promises to think about it.

Charlie calls Toby to the police station for a meeting with Litvack and his lawyer, Barry Partridge. Partridge has a Mr. Johnson in tow, who has signed an affidavit providing Litvack's alibi for the night of Hannah's attack. In addition, Partridge hands over a restraining order against Charlie. Unable to stop herself, Charlie still wants Litvack to submit to a DNA test -- if Litvack is innocent, why not? When Litvack smirks that Charlie would fake the results, Toby flashes on Charlie punching Litvack unconscious in her mind, and steps in to dispel the tension. Later Charlie claims that she only wanted Litvack's DNA, but Toby knows better. Upset that Toby read her mind, Charlie warns him to stay away from her.

Becker and Charlie argue about her single-minded pursuit of Litvack. When Charlie accuses Becker of questioning her integrity, he takes her off the case. Meanwhile, Olivia informs Miss Naymark that she has a tumor on her thymus gland, which is pressing against her windpipe and restricting air flow. Insulting Olivia, Miss Naymark demands a second opinion.

Toby visits Ray for advice. Charlie has been treating him like a bad guy since he told her about his gift, accusing him of violating privacy like it was rape. Ray explains that in the wrong hands, telepathy is a weapon -- that's why he's always telling Toby to be discreet. Besides, the question isn't whether Toby trusts Charlie, but why Charlie doesn't trust Toby. Toby needs to consider the source. Back at the hospital, Olivia complains to Oz about Miss Naymark. Oz is sympathetic until he learns that Olivia was a straight-A student; then he accuses her of being a suck-up brown noser.

Toby asks Oz if he feels anything when Toby reads his mind. After some jokes, Oz admits that he feels nothing. When Charlie walks by, Toby gets a flash of her shooting Litvack, so he runs to catch up, and pulls her into an empty room to talk. Are her thoughts blurring her judgment? When Charlie asks how long Toby has known, he insists he doesn't know anything, he just knows something's wrong. Is this why Charlie has been avoiding him? To level the playing field, Toby tells Charlie about his third foster home, when he still didn't know how to block thoughts. When he saw what his foster father wanted to do to him, Toby burned down the garage to get himself out of there, even if it meant going back into the system.

By way of apology for his gift, Toby promises Charlie that he will never lie or hold back anything from her. Charlie confesses: when she was 15, her gymnastic coach raped her, and the only thing she did about it was quit gymnastics. Charlie relents; maybe Litvack isn't the Park Trail Rapist after all. Based on his flash, Toby agrees. Meanwhile, Miss Naymark goes into acute respiratory failure. Although she still wants a second opinion, Olivia knows there's no time, and intubates Miss Naymark to save her life. Breathing again, Miss Naymark consents to surgery, even though Olivia isn't pleased that she's the only surgeon available.

Charlie questions Hannah again as Toby listens, just outside the door. When Charlie admits that the Park Trail Rapist might not be the guilty party, Hannah grows distressed, giving Toby another flash. Toby becomes visibly upset, and Charlie runs to see what's wrong. Toby knows Hannah didn't succeed in pushing her attacker away, and contrary to what she said, she was in fact raped. When Charlie continues questioning Hannah, she admits that her attacker forced her to put on his condom, thus she wasn't raped. Charlie clarifies: Hannah did what she had to do to survive.

Stopping by the hospital, Becker is upset to see Charlie, reminding her that she's off the case. When Charlie claims that there's new information that fits Litvack's M.O., Becker explains that the change in Hannah's story has tainted it. Charlie needs to leave the case alone or be suspended. When Becker turns to leave, Charlie insists he better not walk away from her, so he orders her to turn over her badge and gun. Toby calls Charlie to inform her that he's en route to the park, where there's been another attack. Thinking she's off the force, Charlie decides to visit Litvack and hangs up.

Attack victim Wendy Gardner is pumped. She head butted the victim and punched him repeatedly until he ran away. Toby flashes on the attack, noting that the attacker has a limp. Meanwhile, Litvack's super Lyle escorts Charlie to Litvack's apartment, walking with a limp. Charlie notes the bruises on Lyle's face as he explains that he thinks Litvack hurt himself. According to Lyle, Litvack attacked him, then ran into his apartment, after which Lyle heard a gunshot.

The door to Litvack's apartment is ajar, and Charlie is stunned to find him lying on the floor in a pool of blood. She kicks the gun out of the way and is about to call 911 when Toby calls to inform her that the attacker has a limp. Charlie has no time to process the information as Lyle cold cocks her from behind with the gun. When Charlie stops talking, Toby knows something is desperately wrong, and runs out of the park.

Toby runs into Litvack's apartment, where he finds that Litvack has almost bled out. Toby flashes: Litvack holds up the mask, demanding to know if Lyle framed him. In return, Lyle shoots Litvack in the chest. Litvack dies without telling Toby where Charlie might be. Toby spies some scuff marks in the hallway, which lead to the roof, where Lyle has gagged Charlie and tied her to a chair. Toby calls for assistance, as Lyle threatens a sobbing Charlie with what he intends to do.

When Toby yells for Charlie, she begins expressing her thoughts to him, telling him to say he's a cop, and that back-up is on the way. Per Charlie's instructions, Toby keeps talking, keeping Lyle distracted until Charlie can work out of her restraints. Charlie starts punching Lyle, and can't stop until Toby pulls her off. After it's all over, Becker returns Charlie's badge and gun, and Toby gives her a hug, which seems to do little to assuage her pain.