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1
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Doctor, did you have occasion to examine
Mr. Hicks on September 15, 1992?
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Yes, I did.
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00:00:07,400 --> 00:00:10,420
Would you tell us what that examination
revealed?
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00:00:10,780 --> 00:00:14,420
Mr. Hicks was suffering from multiple
contusions about the head and the face.
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00:00:14,600 --> 00:00:18,620
Both his neck and his right arm were
strained. What about the blood pressure?
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00:00:18,760 --> 00:00:22,920
Mr. Hicks. Did you observe anything
else, Doctor? His blood pressure was
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somewhat elevated.
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00:00:24,120 --> 00:00:26,180
And to what did Mr. Hicks attribute his
injuries?
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00:00:26,480 --> 00:00:28,920
He said that he was beaten up by Val
Bodine.
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00:00:29,280 --> 00:00:30,700
Did he tell you how this attack
occurred?
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00:00:30,960 --> 00:00:35,660
He said that Mr. Bodine charged into the
stands and attacked him. What, if any,
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00:00:35,780 --> 00:00:38,240
were the short -term consequences of Mr.
Hicks' injuries?
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00:00:38,800 --> 00:00:42,900
Stiffness, soreness. I believe that he
was out of work for about a week.
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00:00:43,220 --> 00:00:45,020
How about two weeks, Mr. Hicks?
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00:00:45,500 --> 00:00:50,180
What, if any, were the likely long -term
consequences of Mr. Hicks' injuries?
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00:00:50,520 --> 00:00:52,660
Some residual soreness is possible.
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00:00:53,560 --> 00:00:55,900
Sleeplessness, nervousness, a loss of
attention.
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00:00:56,700 --> 00:00:59,600
Any and all of these things are possible
long -term effects.
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00:00:59,880 --> 00:01:01,160
Thank you. I have nothing further?
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00:01:01,660 --> 00:01:04,540
Nothing further? Come on. Can't you get
this for $3 ,000?
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00:01:04,760 --> 00:01:05,760
You got nothing further?
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00:01:05,980 --> 00:01:07,400
Mr. Hicks, sit down.
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00:01:08,180 --> 00:01:11,260
You're taking money under false
pretenses. That's called stealing.
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Mr. Hammond, you kindly advise your
client as to the manner in which he's to
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00:01:14,520 --> 00:01:17,760
conduct himself. Hang on, Your Honor.
I'm not going to take lessons in
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00:01:17,760 --> 00:01:19,200
from some guy who's selling me down the
river.
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00:01:19,790 --> 00:01:21,990
You think I'm selling you down the
river, Ed? Yes, I think you're selling
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down the river. I think you're more
interested in cozying up to a big,
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baseball star than you are with
providing me with adequate
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00:01:28,270 --> 00:01:31,270
Your Honor, at this time, I would ask to
be relieved as Mr. Hicks' counsel.
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Well, Your Honor, we have been through
delay after delay after delay. I can
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00:01:35,170 --> 00:01:37,470
assure you that's not my intention. It
may not be your intention, but that is
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00:01:37,470 --> 00:01:38,068
the effect.
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Your Honor, we are now into the baseball
season.
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My client's practice has been disrupted,
and his performance on the field is
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being affected.
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00:01:44,310 --> 00:01:47,370
Mr. Hicks has been through four
different attorneys. Each time he gets a
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one, he buys himself another delay.
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00:01:49,100 --> 00:01:50,520
Mr. Rawlins is absolutely right.
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00:01:50,780 --> 00:01:53,360
Mr. Hammond, I'm not going to allow you
to withdraw.
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00:01:53,600 --> 00:01:57,680
Your Honor, I cannot effectively
represent this man. Hey, Judge, how
42
00:01:57,680 --> 00:01:58,680
represent myself?
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00:01:58,720 --> 00:02:01,620
Mr. Hicks, do you have legal background
of any kind?
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00:02:01,840 --> 00:02:05,200
No, I do not. And you feel competent to
represent yourself?
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I'm at least as competent as this idiot.
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00:02:07,760 --> 00:02:11,520
All right, Mr. Hicks. We'll adjourn for
now in order to give you an opportunity
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00:02:11,520 --> 00:02:12,520
to prepare.
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00:02:12,800 --> 00:02:17,920
Thank you, Your Honor. We'll resume
Wednesday morning at 10 a .m., and
49
00:02:17,920 --> 00:02:19,120
prepared to proceed.
50
00:02:19,380 --> 00:02:20,380
Don't worry, Judge.
51
00:02:20,480 --> 00:02:21,480
I'll be ready.
52
00:02:22,040 --> 00:02:25,040
Hey, Mr. Rollins, now we got us a game.
53
00:03:57,770 --> 00:03:58,770
Bye.
54
00:04:47,930 --> 00:04:49,870
How's everything going with the bar
exam, Gwen?
55
00:04:50,130 --> 00:04:53,210
Oh, it's okay. I'm taking this review
course with this guy, Tony Henderson.
56
00:04:53,810 --> 00:04:58,870
I go to class every day, and I study
every night. I can attest to that. Are
57
00:04:58,870 --> 00:05:00,590
taking enough time off from work?
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00:05:00,830 --> 00:05:01,970
Uh, yeah, I am.
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00:05:02,250 --> 00:05:05,130
Plus, as the test gets closer, I'll be
paying back more.
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00:05:05,450 --> 00:05:08,230
Plus, most of the time that I'm here,
all I'm doing is studying.
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00:05:08,450 --> 00:05:11,910
Good. Don't be shy about asking for
help. Thanks. Shall we?
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00:05:12,130 --> 00:05:13,130
By all means.
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00:05:14,659 --> 00:05:19,040
Hicks versus Bodine. That's me. We are
representing Val Bodine. The ball
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00:05:19,220 --> 00:05:22,600
The ball player. A guy named Hicks had
been heckling him for an entire season.
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00:05:23,400 --> 00:05:27,180
Bodine went into the stands and
committed battery upon his person. The
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00:05:27,180 --> 00:05:28,840
offered Hicks $100 ,000 to settle.
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00:05:29,060 --> 00:05:29,959
Hicks refused.
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00:05:29,960 --> 00:05:33,600
He wanted his day in court. He hired and
fired five different lawyers, and now
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00:05:33,600 --> 00:05:34,600
he's representing himself.
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Temporary insanity.
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No. Self -defense.
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00:05:37,460 --> 00:05:40,520
No, all he did was yell. Plead
provocation to try to mitigate the
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00:05:40,940 --> 00:05:41,940
That's what I'm doing.
74
00:05:42,120 --> 00:05:43,120
And make sure we get some tickets.
75
00:05:43,909 --> 00:05:46,250
Done. Salter versus Sunny Hill School.
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00:05:46,510 --> 00:05:50,570
That's mine. We represent Ben Salter.
He's a second grade teacher who was
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00:05:50,570 --> 00:05:52,550
accused of sexually molesting a student.
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00:05:52,810 --> 00:05:55,430
A male second grade teacher? What kind
of guy teaches second grade?
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00:05:55,650 --> 00:05:58,570
We're not representing child molesters,
are we, Anne? I said he was accused,
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00:05:58,790 --> 00:06:01,370
Douglas. The charges were dropped.
What's he suing for?
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00:06:01,610 --> 00:06:05,750
The school asked that he take something
called a penile plethysmograph before
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00:06:05,750 --> 00:06:06,750
they reinstate him.
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00:06:06,960 --> 00:06:08,280
Oh, it sounded that.
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00:06:08,520 --> 00:06:12,840
What is it? It's a machine that attaches
a wire to the male organ and measures
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00:06:12,840 --> 00:06:16,320
sexual arousal. Sounds like a clockwork
orange.
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00:06:16,560 --> 00:06:20,220
He refused to do it. You're convinced
there was no basis for the accusation?
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charges were dropped.
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00:06:21,260 --> 00:06:24,580
Yeah, yeah. I understand, but that
doesn't necessarily mean he didn't do
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this country, it does.
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00:06:27,840 --> 00:06:29,080
They attach a wire?
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00:06:30,750 --> 00:06:35,730
I keep telling myself, Gwen, there are
over 100 ,000 lawyers in the state of
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00:06:35,730 --> 00:06:39,250
California. Most of those people pass
the bar without having a nervous
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breakdown. You can, too. You're going to
do great.
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00:06:42,950 --> 00:06:44,090
I don't know how I'm going to do.
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00:06:46,350 --> 00:06:47,390
Oh, you got work to do.
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00:06:48,070 --> 00:06:49,029
A little, yeah.
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Okay. You're going to pass the test,
Gwen.
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00:06:52,790 --> 00:06:54,430
You've been pretty distant lately, you
know that?
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00:06:56,610 --> 00:06:59,890
Nothing. It's not nothing, Daniel. It's
something. Tell me what it is.
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00:07:01,920 --> 00:07:03,180
I'm worried about my kid.
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00:07:04,920 --> 00:07:07,960
I'm worried that she needs more of a
home life with me than she's getting.
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00:07:09,900 --> 00:07:13,280
And I'm worried that she needs more of a
constant female influence.
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00:07:15,620 --> 00:07:17,480
And I don't fit that description.
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00:07:18,400 --> 00:07:20,280
I'm not sure you want to fit that
description.
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00:07:23,600 --> 00:07:25,680
I can't discuss this right now. I've got
to study.
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00:07:25,940 --> 00:07:26,940
Okay.
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00:07:29,200 --> 00:07:30,260
I'll talk to you later.
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00:07:34,090 --> 00:07:35,090
What are the exceptions?
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Unavailability of the declarant,
previous testimony, statement against
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00:07:40,590 --> 00:07:42,770
dying declarations, pedigree.
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00:07:43,110 --> 00:07:47,190
All right, we'll go into the specifics
of each tomorrow. Right now, I want to
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say something to you about this whole
process. Put down your pens.
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I'm seeing the look of panic on a number
of faces.
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00:07:53,830 --> 00:07:54,870
Panic isn't helpful.
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00:07:55,150 --> 00:07:56,650
Put down your pens.
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00:07:57,830 --> 00:08:00,630
There's a tremendous amount of
information you're going to have to
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00:08:00,630 --> 00:08:03,030
between now and the day of the bar exam.
You need to be organized.
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00:08:03,230 --> 00:08:05,910
You need to be disciplined. You need to
work your tail off. But at the end of
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the day, you need to forget about it.
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00:08:10,150 --> 00:08:13,630
Hey, you, stop writing. Just listen.
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00:08:13,850 --> 00:08:16,390
There are going to be questions on this
test you will get wrong. It makes
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absolutely no difference if you pass by
one point or by 40 points, so long as
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you pass.
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00:08:21,390 --> 00:08:22,630
Panic will not make you pass.
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Panic will make you fail.
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Don't panic.
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Eat well.
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00:08:27,890 --> 00:08:28,910
Have great sex.
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00:08:29,870 --> 00:08:31,890
Get a good night's sleep. I'll see you
tomorrow night.
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00:08:36,650 --> 00:08:41,309
Hey, Joe, do you understand the parole
evidence rule? All prior or contemporary
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in these negotiations are subsumed into
the written agreement, assuming there is
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00:08:45,150 --> 00:08:46,150
one.
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00:08:46,430 --> 00:08:47,430
You want to get a beer?
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00:08:47,550 --> 00:08:51,730
Get a beer? Do I have to study? I've
studied enough for one day. Why is it I
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00:08:51,730 --> 00:08:55,030
never feel that way? All you have to do
is understand what they're looking for
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and give it to them.
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00:08:56,120 --> 00:08:57,700
It's a test. It's no big deal.
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00:09:08,100 --> 00:09:11,040
I taught second grade at Sunny Hill
School for six years.
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00:09:11,340 --> 00:09:13,440
What reason was given for your
dismissal?
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00:09:14,060 --> 00:09:17,560
I refused to take a penile plasmagraph
test.
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00:09:17,820 --> 00:09:20,100
What is a penile plasmagraph test?
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00:09:20,920 --> 00:09:25,360
They attach a metal ring to your penis
and measure your response to pictures of
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naked children.
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00:09:26,220 --> 00:09:27,820
Why were you asked to take such a test?
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I'd been accused of molesting an eight
-year -old boy.
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Did you?
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00:09:31,280 --> 00:09:32,280
No.
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00:09:32,700 --> 00:09:35,720
How did you first learn that this
accusation had been made?
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Six police officers came to the school,
and in front of students and faculty, I
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was placed under arrest.
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Were you convicted of the crime of child
molestation? No, I was never tried for
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the crime of child molestation. The
charges were dropped for lack of
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00:09:49,040 --> 00:09:52,880
What position did the administration at
Sunny Hills School take regarding your
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00:09:52,880 --> 00:09:57,000
employment there? Well, they said they
were happy and relieved and anxious to
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have me back there teaching again.
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They said they knew right along that I
was innocent, but unfortunately there
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00:10:02,160 --> 00:10:05,640
were some lingering doubts among some of
the parents, and they asked me if I
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00:10:05,640 --> 00:10:06,920
would help put those doubts to rest.
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00:10:07,220 --> 00:10:08,760
How did they suggest you do that?
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00:10:09,120 --> 00:10:11,160
First, they asked me to take a lie
detector test.
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Did you agree to do so?
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00:10:12,920 --> 00:10:14,640
Yes, I did. What was the result?
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I passed.
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What? If anything, did they ask you to
do next?
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They asked me to be interviewed by a
psychiatrist.
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00:10:22,410 --> 00:10:23,510
Did you agree to do that?
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00:10:23,890 --> 00:10:26,770
Yes, I was interviewed on five separate
occasions, and to the best of my
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knowledge, I was pronounced normal.
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00:10:28,410 --> 00:10:30,910
Did that suffice for the administration
of Sunny Hill School?
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00:10:31,230 --> 00:10:36,450
No. They then asked that I take a
penoplethysmograph test, and when I
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was dismissed.
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Why did you refuse?
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00:10:39,950 --> 00:10:42,970
Because enough is enough.
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00:10:43,790 --> 00:10:47,010
At some point, I had to reclaim a little
bit of dignity.
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00:10:47,910 --> 00:10:49,670
That's what I did, and that's what I was
fired for.
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00:10:50,130 --> 00:10:51,890
Thank you. I have nothing further.
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00:10:53,690 --> 00:10:58,150
Do you have children of your own, Mr.
Salter? No, I do not. Well, if you did,
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00:10:58,230 --> 00:11:00,750
how would you feel about them being
placed in the care of a pedophile?
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00:11:01,990 --> 00:11:03,630
I am not a pedophile.
180
00:11:03,830 --> 00:11:05,970
No, no. No, I'm not saying that you are.
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00:11:06,570 --> 00:11:10,390
I'm asking you, how would you feel about
your own child, assuming that you had
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00:11:10,390 --> 00:11:12,490
one, being taken care of by a pedophile?
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00:11:13,300 --> 00:11:16,580
I would not allow my child to be taken
care of by a pedophile. Well, then my
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00:11:16,580 --> 00:11:20,740
question to you, sir, is simply this.
Shouldn't a school do everything it can
185
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stop that from happening?
186
00:11:21,940 --> 00:11:22,799
Not this.
187
00:11:22,800 --> 00:11:23,759
Why not this?
188
00:11:23,760 --> 00:11:26,800
Because I'm not a laboratory rat. That's
why not.
189
00:11:27,520 --> 00:11:31,140
I'm a human being. You're a human being
that was accused of being a pedophile.
190
00:11:31,300 --> 00:11:32,300
Those charges were dropped.
191
00:11:32,440 --> 00:11:33,440
That's right. They were dropped.
192
00:11:33,560 --> 00:11:36,080
They were never disproved. They were
dropped. Objection. I thought you were
193
00:11:36,080 --> 00:11:38,680
innocent until proven guilty in this
country. I thought charges had to be
194
00:11:38,680 --> 00:11:41,720
proved, not disproved. I'm curious about
something. You...
195
00:11:41,950 --> 00:11:46,410
Agreed to a lie detector test. You
agreed to a psychological profile. Why
196
00:11:46,410 --> 00:11:52,330
you not agree to the placismograph test?
Because I wouldn't strip naked and have
197
00:11:52,330 --> 00:11:54,090
wires attached to my genitals.
198
00:11:55,300 --> 00:11:59,300
because I felt that it was my right as a
citizen of this country not to be
199
00:11:59,300 --> 00:12:02,420
forced to do that? It wouldn't be
because you were afraid of what might
200
00:12:02,500 --> 00:12:05,680
would it? No. It wouldn't be because you
were afraid that when photographs of
201
00:12:05,680 --> 00:12:09,560
naked young boys were put in front of
you, that your genitals would betray
202
00:12:09,660 --> 00:12:11,240
Objection. He's already answered the
question.
203
00:12:11,560 --> 00:12:14,480
Wouldn't it be that the penis doesn't
lie? Your Honor. Mr. Colquitt, you will
204
00:12:14,480 --> 00:12:16,200
stop badgering this witness.
205
00:12:17,660 --> 00:12:22,760
Sir. I have never molested a child in my
life. I have never wanted to molest a
206
00:12:22,760 --> 00:12:27,320
child. Now, unless and until somebody
proves that I'm lying, I don't want to
207
00:12:27,320 --> 00:12:28,320
take any more tests.
208
00:12:28,680 --> 00:12:33,920
I want my job back, I want my name back,
and I want to be left alone.
209
00:12:41,720 --> 00:12:45,900
Question. Where were you on the
afternoon of September 15, 1992?
210
00:12:46,820 --> 00:12:49,420
Answer. I was in the ballpark sitting in
my seat.
211
00:12:50,720 --> 00:12:52,820
Question. What were you doing there?
212
00:12:53,200 --> 00:12:55,300
Answer. I was watching a ball game.
213
00:12:55,580 --> 00:12:59,000
Mr. Hicks, it's really not necessary to
keep saying question and answer.
214
00:12:59,180 --> 00:13:00,180
Whatever you want, Judge.
215
00:13:01,100 --> 00:13:02,100
What was Mr.
216
00:13:02,140 --> 00:13:03,520
Bodine doing that day?
217
00:13:04,120 --> 00:13:05,500
He was playing left field.
218
00:13:06,500 --> 00:13:08,280
Did you say anything to him?
219
00:13:08,580 --> 00:13:10,580
Oh, yes, I did. What did I say?
220
00:13:11,310 --> 00:13:12,510
I said a lot of things.
221
00:13:13,030 --> 00:13:17,670
I commented on his fielding, such as it
is. He'd throw rainbows. He never
222
00:13:17,670 --> 00:13:21,850
figured it out. The shortest distance
between two points is a straight line.
223
00:13:22,210 --> 00:13:26,610
I commented on his propensity to swing
at bad pitches, to strike out in clutch
224
00:13:26,610 --> 00:13:31,150
situations. Objection, Your Honor. Sit
down. Mr. Hicks, I'll run the courtroom
225
00:13:31,150 --> 00:13:32,150
if you don't mind.
226
00:13:33,150 --> 00:13:34,710
And the objection is sustained.
227
00:13:34,930 --> 00:13:38,450
Mr. Bodine's performance isn't relevant
to these proceedings.
228
00:13:41,000 --> 00:13:42,280
Did you use profanity?
229
00:13:42,760 --> 00:13:44,040
No, I did not.
230
00:13:44,280 --> 00:13:46,120
I make it a point not to.
231
00:13:46,680 --> 00:13:51,220
What did Val Bodine do upon hearing my
remarks, Mr. Hicks?
232
00:13:51,480 --> 00:13:54,620
Around the fifth inning, he comes
charging up into the stands and assaults
233
00:13:54,840 --> 00:13:55,840
Did I fight back?
234
00:13:55,980 --> 00:14:01,360
No, I did not. Why did you not fight
back, Mr. Hicks? I was overmatched in
235
00:14:01,360 --> 00:14:02,360
and strength.
236
00:14:02,420 --> 00:14:04,340
What injuries did you sustain?
237
00:14:04,840 --> 00:14:07,920
Both eyes swollen, shot a head that
looked like a pumpkin?
238
00:14:08,460 --> 00:14:11,400
In that I'm a shoe salesman. I deal with
the public. I was unable to work for
239
00:14:11,400 --> 00:14:12,400
some two weeks.
240
00:14:12,860 --> 00:14:17,880
And I was also left a little frightened,
shaken up, given the fact that my 11
241
00:14:17,880 --> 00:14:21,340
-year -old son had just returned from
buying a hot dog. It's hard to see his
242
00:14:21,340 --> 00:14:24,580
father beaten up. I felt deeply
humiliated.
243
00:14:28,240 --> 00:14:30,860
Well, I have no further questions.
244
00:14:33,160 --> 00:14:37,420
How many games had you attended in the
1992 season by September the 15th, Mr.
245
00:14:37,460 --> 00:14:39,380
Hicks? Every time there was a home game,
I was there.
246
00:14:39,780 --> 00:14:43,500
Isn't it a fact, sir, that at each and
every one of those games, you made
247
00:14:43,500 --> 00:14:45,620
continuous denigrating remarks to Mr.
248
00:14:45,840 --> 00:14:49,220
Bodine? Yeah, I got something on my
mind. I say it. You're allowed to do
249
00:14:49,220 --> 00:14:51,240
the U .S. of A. You made remarks about
his fielding.
250
00:14:51,500 --> 00:14:54,420
You made remarks about its hitting. I'm
a student of the game. My observations
251
00:14:54,420 --> 00:14:57,180
happen to have some merit. But your
observations weren't limited to the
252
00:14:57,260 --> 00:15:00,500
were they? In what way weren't they? Did
you make remarks about the failure of a
253
00:15:00,500 --> 00:15:03,600
restaurant that Mr. Bodine had invested
in? It was in all the papers. That's not
254
00:15:03,600 --> 00:15:05,160
like I'm giving away any state secrets.
255
00:15:05,460 --> 00:15:09,140
You also saw fit to harangue Mr. Bodine
about a paternity suit he was involved
256
00:15:09,140 --> 00:15:12,800
in, didn't you? That paternity suit took
40 points off his batting average.
257
00:15:13,060 --> 00:15:16,660
You were somewhat fixated by Val Bodine,
weren't you, Mr. Hicks? I was paying
258
00:15:16,660 --> 00:15:19,000
attention. Isn't what you did a little
more than that, sir?
259
00:15:19,420 --> 00:15:23,300
Isn't what you did to have kept up a
nonstop barrage of verbal abuse,
260
00:15:23,300 --> 00:15:27,380
and baiting this man until on September
15th you finally provoked him into
261
00:15:27,380 --> 00:15:28,299
making a response?
262
00:15:28,300 --> 00:15:30,220
He's wasting his God -given talent.
263
00:15:30,700 --> 00:15:35,080
That's a sin by me. Look, I followed
this guy's career going back to the day
264
00:15:35,080 --> 00:15:36,380
they brought him up from the minors.
265
00:15:36,580 --> 00:15:39,640
I tell the whole world, this guy's it.
266
00:15:40,300 --> 00:15:43,720
This guy, he's the difference between
having and hoping.
267
00:15:43,940 --> 00:15:46,280
I stood by him because I saw something
in him.
268
00:15:46,780 --> 00:15:47,980
My kid liked him.
269
00:15:48,360 --> 00:15:51,560
I liked him. We picked him as our guy.
270
00:15:51,940 --> 00:15:55,920
And when he didn't live up to that, you
let him know. This lucky bastard makes
271
00:15:55,920 --> 00:15:59,300
more money playing nine innings of
baseball than I do selling shoes for six
272
00:15:59,300 --> 00:16:01,140
months. You bet I told him.
273
00:16:04,080 --> 00:16:05,180
I don't know further questions.
274
00:16:11,680 --> 00:16:13,900
Doctor, would you tell us your field of
expertise?
275
00:16:14,300 --> 00:16:17,900
I'm a psychiatrist specializing in the
treatment of sexual disorders.
276
00:16:18,320 --> 00:16:22,100
Did you have occasion to interview the
plaintiff? Yes, I did. Would you tell us
277
00:16:22,100 --> 00:16:25,240
what, if any, conclusions you reached
regarding his sexual orientation?
278
00:16:25,720 --> 00:16:30,700
I found Mr. Salter to be both
heterosexual and age -appropriate in his
279
00:16:30,700 --> 00:16:31,700
and sexual development.
280
00:16:32,000 --> 00:16:33,800
Doctor, are you familiar with this
machine?
281
00:16:34,120 --> 00:16:36,720
Yes, I am. Would you tell us what it is
and what it does?
282
00:16:37,140 --> 00:16:38,980
It's a penile plethysmograph.
283
00:16:39,480 --> 00:16:44,120
It measures the degree of arousal a man
undergoes when presented with various
284
00:16:44,120 --> 00:16:46,820
stimuli, both visual and auditory.
285
00:16:47,150 --> 00:16:51,630
It operates by the use of a strain gauge
placed around the shaft of the penis.
286
00:16:51,950 --> 00:16:56,150
In your opinion, doctor, was its use on
this man indicated?
287
00:16:56,510 --> 00:16:59,530
It most decidedly was not indicated.
288
00:17:00,010 --> 00:17:04,650
And why do you say that? Because far
less intrusive and, in my opinion, far
289
00:17:04,650 --> 00:17:09,450
reliable diagnostic techniques told you
all you needed to know about this man.
290
00:17:09,670 --> 00:17:12,530
Simply put, he is not a pedophile.
291
00:17:12,990 --> 00:17:16,790
Doctor, in your opinion, does Ben Salter
represent a threat to the children who
292
00:17:16,790 --> 00:17:17,790
are placed in his care?
293
00:17:18,069 --> 00:17:19,109
Absolutely not.
294
00:17:19,329 --> 00:17:20,750
Thank you. I have nothing further.
295
00:17:24,950 --> 00:17:29,450
Tell us, Doctor, is there ever an
occasion when a penile plethysmograph
296
00:17:29,450 --> 00:17:33,670
indicated? If you're trying to determine
an appropriate treatment modality, if
297
00:17:33,670 --> 00:17:35,690
you're designing some sort of aversion
therapy.
298
00:17:36,280 --> 00:17:40,780
or if the results of other diagnostic
techniques are inconclusive. But the
299
00:17:40,780 --> 00:17:45,900
results of your diagnostic techniques
were conclusive. That's right. Doctor,
300
00:17:45,900 --> 00:17:49,480
administered various psychological tests
to Ben Salter, did you not?
301
00:17:49,680 --> 00:17:54,140
Yes, I did. And these tests were
voluntary, were they not, Doctor? You
302
00:17:54,140 --> 00:17:56,620
question, he thought about it, and he
gave you an answer.
303
00:17:56,840 --> 00:18:02,020
That's right. The penile plethysmograph
test measures an involuntary response,
304
00:18:02,260 --> 00:18:03,079
doesn't it, Doctor?
305
00:18:03,080 --> 00:18:07,700
Yes. So when the school's clinician got
to the only test that Ben Salter
306
00:18:07,700 --> 00:18:12,520
couldn't fake and he backs off, doesn't
that raise the tiniest question in your
307
00:18:12,520 --> 00:18:15,280
mind about how conclusive your diagnosis
is?
308
00:18:15,580 --> 00:18:19,720
He stated his reasons, and I agree with
him. Is it possible that Ben Salter
309
00:18:19,720 --> 00:18:20,720
could have fooled you, Doctor?
310
00:18:20,900 --> 00:18:23,920
I've been practicing for a long time,
Mr. Colquitt.
311
00:18:24,600 --> 00:18:25,600
It's not likely.
312
00:18:25,960 --> 00:18:28,420
I asked you whether or not it were
possible.
313
00:18:32,330 --> 00:18:33,330
Anything's possible.
314
00:18:34,970 --> 00:18:36,010
That's what we're afraid of.
315
00:18:36,490 --> 00:18:38,330
I have nothing further, Doctor. Thank
you.
316
00:18:41,550 --> 00:18:42,550
Hey, Gwen.
317
00:18:43,090 --> 00:18:44,190
How's the bar review going?
318
00:18:44,650 --> 00:18:45,650
Fine.
319
00:18:45,890 --> 00:18:46,890
Handling the pressure?
320
00:18:49,470 --> 00:18:51,710
Hey, you all right?
321
00:18:53,490 --> 00:18:55,390
Every minute I'm awake, all I want to do
is sleep.
322
00:18:55,870 --> 00:18:59,130
Every minute I try and sleep, I lie in
bed, my eyes wide open, trying the hell
323
00:18:59,130 --> 00:19:04,310
to understand collateral estoppel or
prior restraint or the rule against
324
00:19:04,310 --> 00:19:06,950
perpetuity. Do you understand the rule
against perpetuity?
325
00:19:07,150 --> 00:19:08,490
No. Oh, great.
326
00:19:09,130 --> 00:19:10,130
Nobody does.
327
00:19:10,150 --> 00:19:12,310
How does anybody pass the bar exam?
328
00:19:12,590 --> 00:19:15,090
Quinn, you can't get hung up on what you
don't know. You don't have to know
329
00:19:15,090 --> 00:19:16,090
everything. Right.
330
00:19:16,350 --> 00:19:17,350
Just enough to pass.
331
00:19:18,350 --> 00:19:19,350
That's right.
332
00:19:20,310 --> 00:19:23,630
I don't know, Arnie. Why did I ever
think I could be a lawyer? What kind of
333
00:19:23,630 --> 00:19:24,630
bright idea was that?
334
00:19:24,870 --> 00:19:26,220
Hey. Come on.
335
00:19:26,440 --> 00:19:29,300
I mean, no, no, really. Did my parents
want me to be a lawyer? No.
336
00:19:29,900 --> 00:19:33,000
Did I grow up watching To Kill a
Mockingbird and thrill to the knowledge
337
00:19:33,000 --> 00:19:34,380
could be the next Atticus Finch?
338
00:19:34,960 --> 00:19:39,000
No. I don't even remember deciding I
wanted to go to law school. I don't
339
00:19:39,000 --> 00:19:41,060
remember that. What's the worst thing
that can happen?
340
00:19:41,420 --> 00:19:42,359
You fail.
341
00:19:42,360 --> 00:19:43,299
So what?
342
00:19:43,300 --> 00:19:46,660
I failed the first time I took the exam.
You can take it as many times as you
343
00:19:46,660 --> 00:19:47,660
want.
344
00:19:48,100 --> 00:19:51,320
I don't think I could survive going
through this one more time.
345
00:19:55,630 --> 00:19:59,050
What was your reaction when you first
heard that Ben Salter was accused of
346
00:19:59,050 --> 00:20:00,490
sexually molesting a child?
347
00:20:01,090 --> 00:20:02,090
Shock.
348
00:20:02,450 --> 00:20:03,490
Complete and utter shock.
349
00:20:04,630 --> 00:20:07,010
This, after all, was someone I
considered a friend.
350
00:20:07,290 --> 00:20:08,249
What did you do?
351
00:20:08,250 --> 00:20:11,710
Pending the resolution of the criminal
charges, I suspended him. When the
352
00:20:11,710 --> 00:20:14,970
charges were dropped, I called him into
my office to map out a plan for his
353
00:20:14,970 --> 00:20:16,810
reinstatement. Why did you need a plan?
354
00:20:17,270 --> 00:20:19,170
Why didn't you just reinstate him?
355
00:20:19,810 --> 00:20:22,830
There was a lot of concern on the part
of the parents.
356
00:20:23,150 --> 00:20:24,059
That's why.
357
00:20:24,060 --> 00:20:25,760
How did you seek to address that
concern?
358
00:20:26,160 --> 00:20:29,780
By conducting our own investigation of
Ben, and then by being able to go to the
359
00:20:29,780 --> 00:20:31,640
parents and say he got a clean bill of
health.
360
00:20:31,940 --> 00:20:36,020
And did Mr. Salter indicate to you that
he was willing to cooperate with such an
361
00:20:36,020 --> 00:20:37,640
examination? Yes, he did.
362
00:20:37,920 --> 00:20:39,180
And did he in fact do so?
363
00:20:39,420 --> 00:20:40,760
Up to a point, he did.
364
00:20:41,120 --> 00:20:44,580
When it came time to use the
plethysmograph, he refused.
365
00:20:45,520 --> 00:20:47,580
I had no choice but to fire him.
366
00:20:49,340 --> 00:20:51,600
Would you tell the court why you felt
that to be the case?
367
00:20:52,030 --> 00:20:56,070
The question had been raised as to the
advisability of letting Ben be around
368
00:20:56,070 --> 00:21:00,170
children. That question had to be
settled, and it had to be settled by
369
00:21:00,410 --> 00:21:01,510
I have no further questions.
370
00:21:02,410 --> 00:21:05,870
I assume you were relieved when the
charges were dropped, were you not?
371
00:21:06,590 --> 00:21:07,590
Profoundly relieved.
372
00:21:07,630 --> 00:21:10,570
You just had the problem of those
parents to deal with.
373
00:21:11,030 --> 00:21:15,010
That's right. Had any of the parents
actually communicated their concern over
374
00:21:15,010 --> 00:21:18,510
Mr. Salter's reinstatement? If I had
reinstated him, I would have heard from
375
00:21:18,510 --> 00:21:20,070
them. Believe me.
376
00:21:20,670 --> 00:21:24,610
These people pay $7 ,000 a year to put
their kids in our school.
377
00:21:24,830 --> 00:21:27,870
And you figure that entitled them to
have a wire hooked up to this man's
378
00:21:27,870 --> 00:21:28,870
genitals, right?
379
00:21:29,030 --> 00:21:33,450
Objection. Sustained. What other
requirements would you be willing to
380
00:21:33,450 --> 00:21:36,110
your faculty in an effort to please the
parents?
381
00:21:36,430 --> 00:21:37,430
I don't know what you mean.
382
00:21:37,530 --> 00:21:39,910
What if there were a teacher that
someone suspected of being gay?
383
00:21:40,150 --> 00:21:43,770
Being gay isn't a crime. What crime did
Ben Salter commit?
384
00:21:44,030 --> 00:21:45,850
He was accused of molesting a child.
385
00:21:46,050 --> 00:21:47,050
What crime?
386
00:21:47,500 --> 00:21:48,500
Did he commit?
387
00:21:48,660 --> 00:21:50,680
So far as we know, he didn't commit any
crime.
388
00:21:50,880 --> 00:21:52,840
Then why were you treating him like a
criminal?
389
00:21:53,060 --> 00:21:57,720
I was doing my job as headmaster by
protecting our students and the school
390
00:21:57,720 --> 00:21:58,720
which I was employed.
391
00:21:58,780 --> 00:22:03,520
What were you protecting the school
from, Mr. Hollis? From the possibility
392
00:22:03,520 --> 00:22:08,080
being sued in case Ben Salter did commit
a crime, in case he wasn't age
393
00:22:08,080 --> 00:22:10,140
-appropriate in his sexual orientation.
394
00:22:10,760 --> 00:22:14,320
In other words, this was a legal
strategy, wasn't it? You were preparing
395
00:22:14,320 --> 00:22:17,540
lawsuit, and you wanted to be able to
say, if anything happened, that it was
396
00:22:17,540 --> 00:22:19,140
machine's fault and not yours.
397
00:22:19,440 --> 00:22:22,860
I think that way because I have to think
that way. Because lawyers like you make
398
00:22:22,860 --> 00:22:27,100
me think that way. You had a prosecutor
dismiss the charges against this man.
399
00:22:27,200 --> 00:22:31,500
You had a lie detector test and a
psychiatric evaluation. Both conclude
400
00:22:31,500 --> 00:22:32,620
was not a pedophile.
401
00:22:32,940 --> 00:22:35,920
And still, that wasn't enough for you.
No, it wasn't.
402
00:22:36,400 --> 00:22:38,540
And it wouldn't have been enough for
anyone in my position.
403
00:22:39,240 --> 00:22:41,080
Most schools would have dropped him on
his head.
404
00:22:41,380 --> 00:22:45,720
I'm bending over backwards to give him
back his job. I'm spending a fortune to
405
00:22:45,720 --> 00:22:49,920
employ state -of -the -art technology,
and he wants to pick and choose what he
406
00:22:49,920 --> 00:22:51,020
will and will not do?
407
00:22:51,680 --> 00:22:54,680
He's lucky. I'm willing to strap him up
to that machine.
408
00:22:56,440 --> 00:22:58,880
Thank you, Mr. Hollis. I have no further
questions.
409
00:23:20,430 --> 00:23:23,830
Describe for us, if you will, Mr.
Bodine, the first time you noticed Ed
410
00:23:24,030 --> 00:23:26,850
It was the opening day of the 1992
season.
411
00:23:27,210 --> 00:23:30,470
He was yelling at me for the mistakes he
said I made back in 1991.
412
00:23:30,970 --> 00:23:32,370
I was supposed to pretend they didn't
happen?
413
00:23:32,630 --> 00:23:33,630
Mr. Hicks.
414
00:23:33,670 --> 00:23:37,590
Yeah. How was it that you were able to
tell from whom those remarks were
415
00:23:38,010 --> 00:23:38,929
How could I tell?
416
00:23:38,930 --> 00:23:41,330
Yeah. When other people sat down, he
stood up.
417
00:23:42,410 --> 00:23:44,750
When other people got quiet, he got
loud.
418
00:23:45,030 --> 00:23:46,730
When other people got loud, he got
louder.
419
00:23:47,370 --> 00:23:50,710
He couldn't help but notice this guy.
And did his behavior continue in a
420
00:23:50,710 --> 00:23:51,990
fashion beyond opening day?
421
00:23:52,190 --> 00:23:53,350
Yeah, how about all season long?
422
00:23:53,550 --> 00:23:57,770
What was it that caused you to go into
the stand and physically assault Ed
423
00:23:57,770 --> 00:24:01,190
Hicks? I just settled this paternity
suit, and it was painful.
424
00:24:01,870 --> 00:24:02,870
It was messy.
425
00:24:03,670 --> 00:24:07,310
And even though it was in the papers,
when he mentioned it, I went nuts. I had
426
00:24:07,310 --> 00:24:09,770
to listen to his voice for five and a
half months.
427
00:24:10,070 --> 00:24:14,710
Now, I'm sorry that it happened, but
hearing him talk about my personal
428
00:24:14,830 --> 00:24:16,990
On that particular day, it was more than
I could take.
429
00:24:17,330 --> 00:24:18,330
I have nothing further.
430
00:24:20,630 --> 00:24:22,410
How much money did you make last year,
Val?
431
00:24:22,770 --> 00:24:26,010
Objection. Irrelevant. Hey, Judge, is it
irrelevant to them?
432
00:24:26,610 --> 00:24:29,470
I'm going to allow it. Hey, way to go,
Judge.
433
00:24:30,370 --> 00:24:31,229
Excuse me.
434
00:24:31,230 --> 00:24:33,430
How much, Val? I made 2 .2 million.
435
00:24:33,690 --> 00:24:35,130
2 .2 million?
436
00:24:35,930 --> 00:24:39,470
How much is that per game, do you know?
437
00:24:39,670 --> 00:24:41,450
No, I don't know. Well, let's look it
up.
438
00:24:43,050 --> 00:24:45,810
162 games into 2 .2 million.
439
00:24:46,430 --> 00:24:51,870
That's, whoa, it's a little more than
$13 ,580.
440
00:24:52,530 --> 00:24:56,490
There are probably 150 other guys in
this league who make more money than I
441
00:24:56,590 --> 00:24:59,050
Really? It's probably 400 who had a
better season.
442
00:24:59,270 --> 00:25:02,170
I was hurt. You were hurt? So what were
you doing playing hurt?
443
00:25:02,390 --> 00:25:05,530
I mean, who were you helping? Objection,
Your Honor. Sustained. We're not here
444
00:25:05,530 --> 00:25:08,490
to discuss Mr. Bodine's performance on
the field, Mr. Hicks.
445
00:25:08,810 --> 00:25:09,810
Understood, Your Honor.
446
00:25:10,090 --> 00:25:13,130
Do you know you were called out on
strikes 24 times last year?
447
00:25:13,470 --> 00:25:14,329
Objection. Mr.
448
00:25:14,330 --> 00:25:16,270
Hicks. There were some bad calls in
there, Mr.
449
00:25:16,490 --> 00:25:20,470
Hicks. Let's not start crying about the
ump now. Do me a favor. Gentlemen,
450
00:25:20,650 --> 00:25:23,850
enough. If you want to argue the fine
points of baseball, do it on your own
451
00:25:23,850 --> 00:25:24,850
time.
452
00:25:31,750 --> 00:25:35,730
Why did you hit me, Val?
453
00:25:35,950 --> 00:25:39,030
I hit you because you wouldn't shut up.
Why'd you hit me in front of my kid?
454
00:25:40,490 --> 00:25:42,130
I'm sorry. I didn't see your kid.
455
00:25:43,750 --> 00:25:44,750
Let me ask you something.
456
00:25:46,230 --> 00:25:50,890
Do you ever listen to what I'm saying? I
can't help listening to it. You can't
457
00:25:50,890 --> 00:25:51,789
help hearing.
458
00:25:51,790 --> 00:25:54,670
What I'm asking is, do you ever listen?
Look it.
459
00:25:55,470 --> 00:25:57,310
I've got a manager. I've got coaches.
460
00:25:57,590 --> 00:25:58,590
I've got teammates.
461
00:25:58,850 --> 00:26:00,370
I've got people. I've got friends.
462
00:26:00,630 --> 00:26:03,290
I've got enough people to listen to who
actually know what they're talking
463
00:26:03,290 --> 00:26:04,930
about. I don't need to listen to you.
464
00:26:11,639 --> 00:26:15,360
My son came home from school, and right
away I knew something was wrong.
465
00:26:15,740 --> 00:26:16,740
How did you know?
466
00:26:17,680 --> 00:26:20,440
Well, because I'm his mother, mothers
know.
467
00:26:20,720 --> 00:26:25,740
What, if anything, did you do? I talked
to him. It took a while, but he finally
468
00:26:25,740 --> 00:26:26,740
told me what was wrong.
469
00:26:27,040 --> 00:26:31,560
He told me that his teacher, Ben Salter,
had molested him. Objection. Hearsay.
470
00:26:31,600 --> 00:26:35,580
This is being used to demonstrate the
state of mind of the witness, Your
471
00:26:35,760 --> 00:26:36,699
I'll allow it.
472
00:26:36,700 --> 00:26:39,760
Your Honor, I want the jury instructed
that this statement by the witness's
473
00:26:39,760 --> 00:26:43,140
child is being admitted solely to
demonstrate the witness's state of mind
474
00:26:43,140 --> 00:26:45,660
should not be taken as fact. The jury is
so advised.
475
00:26:47,040 --> 00:26:49,520
What, if anything, did you do?
476
00:26:50,440 --> 00:26:54,800
First, I called the police, and then I
called the school. And you continue to
477
00:26:54,800 --> 00:26:57,560
believe that your child was molested by
this man?
478
00:26:58,320 --> 00:27:02,900
Yes, I do. Despite the fact that the
district attorney's office found there
479
00:27:02,900 --> 00:27:06,840
be insufficient evidence to proceed to
trial. District attorneys often find
480
00:27:06,840 --> 00:27:08,880
insufficient evidence to proceed to
trial.
481
00:27:09,100 --> 00:27:12,060
But that does not shake my conviction
one iota.
482
00:27:12,980 --> 00:27:14,580
I believe my child.
483
00:27:15,780 --> 00:27:16,920
I have nothing further.
484
00:27:19,340 --> 00:27:22,680
Had your son ever been sexually
assaulted prior to that day at school?
485
00:27:23,060 --> 00:27:26,240
Objection. Irrelevant. It's being
offered to demonstrate the witness's
486
00:27:26,240 --> 00:27:28,100
mind. I'll allow it. Had he?
487
00:27:29,020 --> 00:27:31,480
Yes. Who was it that molested him that
time?
488
00:27:31,880 --> 00:27:36,060
His father, my ex -husband. You first
accused your ex -husband of sexual
489
00:27:36,060 --> 00:27:38,960
molestation while the two of you were in
the middle of a divorce. Isn't that
490
00:27:38,960 --> 00:27:40,020
right? Yes, I did.
491
00:27:40,300 --> 00:27:42,920
That was one of the reasons he and I got
a divorce.
492
00:27:43,220 --> 00:27:46,760
Tell us, was he ever tried for the crime
of sexual molestation?
493
00:27:47,060 --> 00:27:48,820
No, he wasn't. Why was that?
494
00:27:49,340 --> 00:27:51,760
The district attorney felt there was
insufficient evidence.
495
00:27:52,840 --> 00:27:55,540
Do you think that means that I'm crazy?
496
00:27:55,780 --> 00:27:58,960
Ask that the witness confine her remarks
to answering the questions she's being
497
00:27:58,960 --> 00:28:02,640
asked. The witness will refrain from
engaging in colloquy with plaintiff
498
00:28:02,640 --> 00:28:05,960
counsel. Does your son's father have
visitation rights?
499
00:28:06,820 --> 00:28:07,820
Yes, he does.
500
00:28:08,000 --> 00:28:10,040
Does he have unsupervised visitation
rights?
501
00:28:10,360 --> 00:28:13,920
Yes. It's safe to assume, then, is it
not, that there was not only
502
00:28:13,920 --> 00:28:17,900
evidence to support a criminal
prosecution, there was insufficient
503
00:28:17,900 --> 00:28:21,060
prevent him from being alone with the
child you claim he molested. You can be
504
00:28:21,060 --> 00:28:25,060
sure that if it were up to me, that
wouldn't be the case. Was it you or your
505
00:28:25,060 --> 00:28:28,220
-husband who wanted to keep your son
enrolled at Sunny Hills? That doesn't
506
00:28:28,220 --> 00:28:31,040
anything to do with this. Ask that the
witness be directed to answer the
507
00:28:31,040 --> 00:28:34,780
question. It was him. Your husband got
to keep the house in Brentwood, didn't
508
00:28:34,780 --> 00:28:35,780
he? Objection!
509
00:28:36,040 --> 00:28:40,190
Overruled. It was his before we got
married. You wanted to enroll your son
510
00:28:40,190 --> 00:28:44,110
school that was close to where you
lived, close to where you had to move to
511
00:28:44,110 --> 00:28:46,930
because you couldn't afford a house in
Brentwood. You were the one that had to
512
00:28:46,930 --> 00:28:49,890
pick him up. You were the one that had
to take him to school. And the judge who
513
00:28:49,890 --> 00:28:53,590
presided over your divorce required you
to keep him in Sunny Hills. The judge
514
00:28:53,590 --> 00:28:56,750
listened to your husband about that just
the way you listen to your husband
515
00:28:56,750 --> 00:28:58,530
about everything else. Do you think I
made it up?
516
00:28:58,890 --> 00:29:01,310
Do you think I made this whole thing up?
517
00:29:02,190 --> 00:29:03,210
These things happen.
518
00:29:04,300 --> 00:29:08,120
People's lives are ruined. Men do
whatever they want to do, and lives are
519
00:29:08,120 --> 00:29:11,560
ruined. Women and children's lives are
ruined.
520
00:29:11,860 --> 00:29:14,900
Did your son tell you that he'd been
molested, Mrs. Hartshorn?
521
00:29:15,280 --> 00:29:16,480
Or did you tell him?
522
00:29:19,060 --> 00:29:20,160
He told me.
523
00:29:21,600 --> 00:29:23,020
And I believed him.
524
00:29:23,440 --> 00:29:24,600
I have nothing further.
525
00:29:35,150 --> 00:29:36,089
Mr. Henderson.
526
00:29:36,090 --> 00:29:37,190
Right, Tony.
527
00:29:37,390 --> 00:29:38,390
And you are?
528
00:29:38,510 --> 00:29:39,249
Gwen Taylor.
529
00:29:39,250 --> 00:29:40,530
What can I do for you, Gwen Taylor?
530
00:29:40,750 --> 00:29:44,130
I was wondering if you could recommend a
tutor or an outside class or someplace
531
00:29:44,130 --> 00:29:47,430
where I can get a little extra help
preparing, because otherwise I'm not
532
00:29:47,430 --> 00:29:48,329
to make it through this.
533
00:29:48,330 --> 00:29:49,630
Everybody feels that way.
534
00:29:49,870 --> 00:29:50,870
No, you don't understand.
535
00:29:51,370 --> 00:29:53,950
I don't have a law degree. I've been
apprenticing.
536
00:29:54,250 --> 00:29:58,010
I haven't had a lot of practice being
tested like this. I'm going under, and I
537
00:29:58,010 --> 00:29:59,190
really need some help.
538
00:29:59,430 --> 00:30:00,029
Hi, Tony.
539
00:30:00,030 --> 00:30:01,030
Hi, Cheryl.
540
00:30:01,610 --> 00:30:04,410
Are we going to cover third -party
beneficiaries today? Yes, we are.
541
00:30:04,780 --> 00:30:06,220
Good, because I'm hopelessly confused.
542
00:30:06,940 --> 00:30:07,940
You see?
543
00:30:08,060 --> 00:30:09,060
You're not alone.
544
00:30:09,360 --> 00:30:12,560
Tony, I passed hopelessly confused last
Tuesday.
545
00:30:13,020 --> 00:30:17,860
I learned all these mnemonics. My legs
for written contracts and cope for the
546
00:30:17,860 --> 00:30:20,800
rules against perpetuities. But now I
can't remember what the letters stand
547
00:30:20,860 --> 00:30:26,440
Does the E in legs stand for executor or
escrow? Gwen, I will help you. You
548
00:30:26,440 --> 00:30:27,740
will? Is tomorrow night soon enough?
549
00:30:27,960 --> 00:30:31,400
Yeah. Good. Tomorrow night it is. I
can't believe you have time enough to
550
00:30:31,400 --> 00:30:32,199
me. I'll make time.
551
00:30:32,200 --> 00:30:33,200
I like a challenge.
552
00:30:35,820 --> 00:30:36,820
Come on.
553
00:30:38,440 --> 00:30:42,500
Imagine that every morning you go to
work, you encounter the same person.
554
00:30:42,780 --> 00:30:45,720
Wherever you are, there he is.
555
00:30:46,240 --> 00:30:49,800
And all day, every day, he yells at you.
556
00:30:50,060 --> 00:30:53,340
He reminds you of mistakes you've made.
He tells you what you're not doing as
557
00:30:53,340 --> 00:30:56,320
well as you should, what opportunities
you've missed, what a disappointment
558
00:30:56,320 --> 00:31:02,840
you've been. And he comments on your
personal life loud enough so that
559
00:31:02,840 --> 00:31:04,360
can hear that he won't stop.
560
00:31:05,550 --> 00:31:06,550
So you try to ignore them.
561
00:31:07,210 --> 00:31:10,730
You try to concentrate on your work, and
you tell yourself it's part of the job,
562
00:31:10,750 --> 00:31:11,750
it's part of the job.
563
00:31:12,110 --> 00:31:15,150
And one way or another, you manage not
to lose your temper.
564
00:31:16,270 --> 00:31:17,270
Until that day.
565
00:31:18,250 --> 00:31:22,550
Until that day when the circumstances in
your life are such that this guy
566
00:31:22,550 --> 00:31:25,010
yelling at you just pushes you over the
edge.
567
00:31:25,870 --> 00:31:26,870
Could happen to me.
568
00:31:27,230 --> 00:31:28,230
Could happen to you.
569
00:31:28,790 --> 00:31:29,970
Could happen to him.
570
00:31:31,280 --> 00:31:35,240
Val Bodine is a professional baseball
player, ladies and gentlemen. He is not
571
00:31:35,240 --> 00:31:38,760
trained bear. Yes, he's paid. He's paid
very well to play baseball in front of
572
00:31:38,760 --> 00:31:42,140
people. And yes, he should be able to
take the booing along with the cheering.
573
00:31:42,300 --> 00:31:47,700
But what's a little tough to take is the
relentless and obsessive taunting by a
574
00:31:47,700 --> 00:31:51,560
man like Ed Hicks. I mean, just think
what it would be like if it were him
575
00:31:51,560 --> 00:31:53,640
waiting for you every day at work.
576
00:31:54,200 --> 00:31:59,340
Every day for five and a half months. I
ask you to imagine that right now.
577
00:32:00,680 --> 00:32:01,760
before you render your verdict.
578
00:32:10,400 --> 00:32:11,440
How do you do this?
579
00:32:13,820 --> 00:32:15,520
What am I, I'm supposed to get up here
and make a speech?
580
00:32:18,020 --> 00:32:21,180
I'm going to get up here, I'm going to
make a speech, and everyone's going to
581
00:32:21,180 --> 00:32:22,139
listen to me?
582
00:32:22,140 --> 00:32:23,140
That's pretty good.
583
00:32:24,060 --> 00:32:25,280
Doesn't happen to me very often.
584
00:32:26,060 --> 00:32:27,820
I mean, when you were a kid.
585
00:32:28,540 --> 00:32:32,280
You dream everybody will listen to you.
You dream about being center of
586
00:32:32,280 --> 00:32:33,280
attention.
587
00:32:33,540 --> 00:32:35,460
You dream big.
588
00:32:35,760 --> 00:32:41,720
You dream you'll be a senator or a movie
star or a baseball player.
589
00:32:44,020 --> 00:32:47,060
You don't dream you're going to sell
shoes. That's just something you wind up
590
00:32:47,060 --> 00:32:50,900
doing. That and watching baseball games.
591
00:32:54,940 --> 00:32:57,100
Time spans still at a baseball game.
592
00:32:58,460 --> 00:32:59,460
There's no clock.
593
00:32:59,680 --> 00:33:01,060
Who you are doesn't matter.
594
00:33:01,260 --> 00:33:03,520
Anybody can go if you come up with the
money.
595
00:33:03,720 --> 00:33:07,700
All right, so maybe it sounds stupid,
but 12 % of my take -home pay goes to
596
00:33:07,700 --> 00:33:08,499
the tickets.
597
00:33:08,500 --> 00:33:11,260
I used to go with my father, and now my
son goes with me.
598
00:33:13,600 --> 00:33:18,100
I'm a nervous, overweight guy who drives
an hour and a half back and forth to
599
00:33:18,100 --> 00:33:21,420
work to make $37 .5 a year selling
shoes.
600
00:33:22,120 --> 00:33:24,980
I mean, my kid's not going to yell from
the rooftops about what his old man does
601
00:33:24,980 --> 00:33:25,789
for a living.
602
00:33:25,790 --> 00:33:29,610
He's got nothing to brag about in that
department. He's stuck with me. So I
603
00:33:29,610 --> 00:33:31,970
him to the baseball game, and I make a
lot of noise.
604
00:33:33,050 --> 00:33:38,590
So my kid will see that I love
something, and he'll love that thing
605
00:33:39,430 --> 00:33:44,210
All right, you may not believe this, but
when we're at the ballgame, I am a real
606
00:33:44,210 --> 00:33:45,610
big shot to my kid.
607
00:33:47,930 --> 00:33:50,370
Nobody knows the game better. Nobody
yells louder.
608
00:33:50,710 --> 00:33:52,730
And I may not be a lot, but it's
something.
609
00:33:55,470 --> 00:33:56,470
It is something.
610
00:34:24,909 --> 00:34:30,050
Mr. Salter, to take this test, the
penioplasismograph, much has been made
611
00:34:30,050 --> 00:34:34,230
test's invasiveness. We all feel
discomfort at hearing it described and
612
00:34:34,230 --> 00:34:35,989
imagining it administered to ourselves.
613
00:34:36,850 --> 00:34:40,989
Admittedly, it's hard to view it as
anything other than a violation of one's
614
00:34:40,989 --> 00:34:41,989
privacy.
615
00:34:42,570 --> 00:34:45,330
I would urge you to keep one thing in
perspective, though.
616
00:34:46,370 --> 00:34:50,610
It's not as much a violation as being
sexually molested, and that, ladies and
617
00:34:50,610 --> 00:34:52,350
gentlemen, is what we are talking about.
618
00:34:52,750 --> 00:34:58,050
If a school had any basis to suspect one
of its teachers of molesting children
619
00:34:58,050 --> 00:35:03,430
sexually, and they did not do anything
they could to prevent that, the next
620
00:35:03,430 --> 00:35:07,210
sound you would hear would be the
snapping open of attorney's briefcases,
621
00:35:07,210 --> 00:35:09,590
-bent on suing that school for all it's
worth.
622
00:35:09,830 --> 00:35:14,390
The penile plethysmograph is the fastest
means we have of breaking through a
623
00:35:14,390 --> 00:35:15,390
suspect's denial.
624
00:35:16,130 --> 00:35:21,710
Its results may not be conclusive, but
they definitely give us a piece of the
625
00:35:21,710 --> 00:35:26,810
puzzle. They enable us to identify who
is a threat to our children.
626
00:35:28,290 --> 00:35:34,350
If any of you, if you or if someone
close to you was sexually abused as a
627
00:35:34,530 --> 00:35:37,550
you understand the enormity of that
threat.
628
00:35:37,770 --> 00:35:42,130
And the momentary discomfort or
embarrassment that Ben Salter may go
629
00:35:42,130 --> 00:35:48,070
a result of this test pales in
significance when compared to the misery
630
00:35:48,070 --> 00:35:49,070
pain.
631
00:35:49,550 --> 00:35:53,790
that a victim of sexual abuse carries
with them the rest of their life.
632
00:35:54,950 --> 00:35:56,990
I would urge you to render your verdict
accordingly.
633
00:36:01,370 --> 00:36:05,590
Ladies and gentlemen, I am not here to
defend the sexual abuse of children.
634
00:36:06,610 --> 00:36:10,690
My adversary has done his level best,
however, to make it appear that I am.
635
00:36:12,360 --> 00:36:17,040
He knows that if you are sufficiently
caught up in the drumbeat of fear and
636
00:36:17,040 --> 00:36:21,100
suspicion, you won't bother to
distinguish between that which has been
637
00:36:21,100 --> 00:36:23,380
and that which has been proven.
638
00:36:23,920 --> 00:36:26,800
And if you don't bother to do that, he
wins.
639
00:36:30,160 --> 00:36:32,340
This case terrifies me.
640
00:36:33,000 --> 00:36:36,800
I look at what happened to Ben Salter,
and I understand how it was that women
641
00:36:36,800 --> 00:36:38,820
called witches were burned at the stake.
642
00:36:39,660 --> 00:36:44,540
A person stands accused of that which we
as a society revile and condemn.
643
00:36:44,760 --> 00:36:48,680
He refuses to have wires attached to his
body.
644
00:36:49,360 --> 00:36:55,080
Wires which bypass the conscious mind,
which measure not guilt or innocence,
645
00:36:55,080 --> 00:37:00,420
the physiology of some disembodied part
of his anatomy as if that defines who he
646
00:37:00,420 --> 00:37:06,420
is. As a result, he loses his job and
has his reputation ruined. Does it
647
00:37:06,420 --> 00:37:10,720
him? to suffer whatever ordeal is put in
front of him in order to undo that,
648
00:37:10,880 --> 00:37:16,100
only if you're willing to scrap the
Constitution and cast out the most basic
649
00:37:16,100 --> 00:37:19,900
tenet of our judicial system, innocent
until proven guilty.
650
00:37:20,380 --> 00:37:25,260
This is not a case about child abuse,
ladies and gentlemen. It's a case about
651
00:37:25,260 --> 00:37:30,240
innocent man fighting for his right to
hold on to the last shred of what it
652
00:37:30,240 --> 00:37:31,240
means to be human.
653
00:37:43,860 --> 00:37:44,860
Hi. Hi.
654
00:37:47,120 --> 00:37:48,120
How you doing?
655
00:37:48,540 --> 00:37:49,540
Okay.
656
00:37:51,440 --> 00:37:52,540
How's the bar review going?
657
00:37:52,800 --> 00:37:53,800
Okay.
658
00:37:54,500 --> 00:37:55,500
How's Lucy?
659
00:37:55,700 --> 00:37:56,700
She's great.
660
00:37:56,820 --> 00:38:03,340
I was thinking about her, and I was
thinking about what you said the other
661
00:38:03,480 --> 00:38:06,100
Gwen, this really can't wait until after
the bar.
662
00:38:06,300 --> 00:38:07,360
I don't think it should.
663
00:38:08,420 --> 00:38:11,580
I don't think I can be.
664
00:38:12,880 --> 00:38:17,500
The constant that she needs in her life,
Daniel. And the truth is that I don't
665
00:38:17,500 --> 00:38:20,320
think I can be the constant you need
either.
666
00:38:23,280 --> 00:38:24,280
So?
667
00:38:28,280 --> 00:38:34,940
I thought this would feel
668
00:38:34,940 --> 00:38:38,900
terrible, but at least be a relief, and
instead it just...
669
00:38:48,230 --> 00:38:49,230
So am I.
670
00:38:51,190 --> 00:38:52,630
Has the jury reached a verdict?
671
00:38:54,570 --> 00:38:56,470
We have, Your Honor. What say you?
672
00:38:57,730 --> 00:39:01,670
We fine for the plaintiff, Edward Hicks,
and award the sum of $1 in damages.
673
00:39:02,370 --> 00:39:03,470
So say you all.
674
00:39:04,690 --> 00:39:06,270
$1? Mr. Hicks.
675
00:39:06,870 --> 00:39:09,790
That'll give IQ tests for jury duty, do
they? Mr.
676
00:39:10,030 --> 00:39:12,470
Hicks. Hey, moron. Here's a question for
you.
677
00:39:13,210 --> 00:39:16,990
How can he be guilty and only owe one
dollar? Listen to me, Mr. Hicks. If I
678
00:39:16,990 --> 00:39:19,330
you a dollar, do I get to beat you up?
Mr. Hicks!
679
00:39:19,870 --> 00:39:22,730
If you don't stop haranguing the jury,
I'm going to have the officer of the
680
00:39:22,730 --> 00:39:24,070
court place you under arrest.
681
00:39:24,730 --> 00:39:28,510
The jury's dismissed with the thanks of
the court.
682
00:39:29,010 --> 00:39:30,050
The court's adjourned.
683
00:39:34,030 --> 00:39:34,988
Hey, Ed.
684
00:39:34,990 --> 00:39:35,990
Ed! What?
685
00:39:36,210 --> 00:39:38,390
What, you want to rub my nose in it? You
want to beat me up again?
686
00:39:38,630 --> 00:39:40,270
The jury already did that. Hey, Val.
687
00:39:41,020 --> 00:39:43,740
Are you sure this is going to be
constructed? Jonathan, I got a little
688
00:39:43,740 --> 00:39:46,600
to take care of with this man. What kind
of business?
689
00:39:47,140 --> 00:39:48,180
I want to give you something.
690
00:39:48,860 --> 00:39:51,320
You're going to give me the dollar? No,
I'm not going to give you the dollar.
691
00:39:51,820 --> 00:39:53,140
I want to give you this for your boy.
692
00:39:54,660 --> 00:39:55,660
What's it for?
693
00:39:56,460 --> 00:39:57,900
You showed me something yesterday.
694
00:39:58,800 --> 00:40:01,320
I thought you were just a pain in the
ass, which you are.
695
00:40:01,960 --> 00:40:06,160
But you're more than that. You love the
game. You love your kid.
696
00:40:06,700 --> 00:40:07,960
And I respect you for that.
697
00:40:08,640 --> 00:40:10,620
I'd like it if you realized that I'm a
human being.
698
00:40:11,020 --> 00:40:12,020
And respect me, too.
699
00:40:15,920 --> 00:40:16,960
Is that the real deal?
700
00:40:17,820 --> 00:40:19,260
I used it all last season.
701
00:40:19,640 --> 00:40:21,780
Including when you blew the double play
against the Astros?
702
00:40:22,500 --> 00:40:23,500
Including then.
703
00:40:26,220 --> 00:40:27,220
Thanks.
704
00:40:27,880 --> 00:40:28,980
I mean a lot to him.
705
00:40:31,540 --> 00:40:34,040
It means a lot to me.
706
00:40:40,560 --> 00:40:41,800
Hey, sorry I beat you up.
707
00:40:42,640 --> 00:40:43,640
I lived.
708
00:40:44,800 --> 00:40:45,880
See you at the ballpark?
709
00:40:46,840 --> 00:40:47,840
Count it!
710
00:40:51,080 --> 00:40:53,740
Would the foreperson please read the
verdict?
711
00:40:55,720 --> 00:40:57,780
We, the jury, in the matter of Salto v.
712
00:40:58,000 --> 00:41:03,140
Sunny Hill School, fine for the
plaintiff and award $250 ,000 in
713
00:41:03,500 --> 00:41:08,000
The court hereby orders the plaintiff be
reinstated. The jury is discharged with
714
00:41:08,000 --> 00:41:09,000
thanks to the court.
715
00:41:09,210 --> 00:41:10,230
This court is adjourned.
716
00:41:11,690 --> 00:41:13,090
I think we need to talk.
717
00:41:16,110 --> 00:41:18,030
I'm not worried about the monetary
damages.
718
00:41:18,350 --> 00:41:20,250
They'll be covered by our insurance
carrier.
719
00:41:22,410 --> 00:41:25,590
The problem comes with reinstating you.
720
00:41:26,030 --> 00:41:29,670
What is it you're asking, Mr. Hollis?
I'm asking for you to teach someplace
721
00:41:29,670 --> 00:41:30,670
else.
722
00:41:31,330 --> 00:41:34,110
Now, why would I want to do that?
Because it'll be a hell of a lot more
723
00:41:34,110 --> 00:41:35,610
comfortable for you someplace else.
724
00:41:37,870 --> 00:41:39,550
I'm telling you this as a friend, Ben.
725
00:41:40,470 --> 00:41:42,710
There are quite a few parents that don't
want you back.
726
00:41:42,970 --> 00:41:46,630
They've said to me that if you do come
back, they want absolute assurances that
727
00:41:46,630 --> 00:41:48,210
you won't be alone with their children.
728
00:41:48,570 --> 00:41:50,690
I'm going to have to put a monitor in
your classrooms.
729
00:41:51,030 --> 00:41:54,130
You do that and I'll have you back in
court so fast your head will spin.
730
00:41:54,530 --> 00:41:58,950
The judge's order calls for his
reinstatement, period. No conditions, no
731
00:41:58,950 --> 00:42:02,270
qualifications, no holding him out to be
someone who can't be trusted.
732
00:42:02,570 --> 00:42:04,250
She's right, Richard. You can't do that.
733
00:42:09,360 --> 00:42:10,380
Is it worth it, Ben?
734
00:42:13,820 --> 00:42:17,740
I'm going to be in room nine Monday
morning, Richard. I expect to have a
735
00:42:17,740 --> 00:42:18,960
grade class in there as well.
736
00:42:20,220 --> 00:42:21,960
You want to have a second grade class in
there?
737
00:42:22,580 --> 00:42:25,200
Then you call the parents of those
second graders and tell them they have
738
00:42:25,200 --> 00:42:26,200
nothing to worry about.
739
00:42:26,380 --> 00:42:29,040
Tell them that no matter what their
fears are, if they want to continue to
740
00:42:29,040 --> 00:42:32,180
their kids to Sunny Hills, you're going
to be their teacher. Do you want to tell
741
00:42:32,180 --> 00:42:32,718
them that?
742
00:42:32,720 --> 00:42:34,540
No, because that's your job.
743
00:42:35,690 --> 00:42:38,670
That's what you have to tell them. You
have to tell them. You have to stand up
744
00:42:38,670 --> 00:42:42,410
and say that Ben Salter is coming back
to teach because Ben Salter's done
745
00:42:42,410 --> 00:42:43,269
nothing wrong.
746
00:42:43,270 --> 00:42:44,450
He's not a child molester.
747
00:42:45,090 --> 00:42:47,410
He's not a suspected child molester.
He's a teacher.
748
00:42:48,690 --> 00:42:49,690
He's a good teacher.
749
00:42:51,870 --> 00:42:55,390
It appears as though I have no choice,
so... Okay.
750
00:43:01,790 --> 00:43:03,210
For what it's worth, though...
751
00:43:04,460 --> 00:43:05,660
I think you're going to be miserable.
752
00:43:07,240 --> 00:43:08,840
You're telling me that as a friend?
753
00:43:13,400 --> 00:43:14,400
Okay.
754
00:43:21,680 --> 00:43:24,260
You get in under the exclusionary rule.
755
00:43:25,020 --> 00:43:26,020
How?
756
00:43:28,740 --> 00:43:30,460
Independent source. Independent source.
757
00:43:32,400 --> 00:43:34,220
Intervening act of free will.
758
00:43:34,480 --> 00:43:36,000
Intervening act of free will by the
defendant.
759
00:43:36,540 --> 00:43:37,540
Inevitable discovery.
760
00:43:37,660 --> 00:43:39,760
Live witness testimony and court ID.
761
00:43:39,980 --> 00:43:43,580
Good. And remember, if the exclusionary
rule is on the essay question... Mention
762
00:43:43,580 --> 00:43:46,840
the exceptions, whether they're relevant
or not, get in that I know what they
763
00:43:46,840 --> 00:43:47,840
are. Right.
764
00:43:48,200 --> 00:43:50,080
Okay, how about the rule against
perpetuities?
765
00:43:50,300 --> 00:43:51,780
The rule against perpetuities.
766
00:43:52,200 --> 00:43:53,200
Cope.
767
00:43:53,660 --> 00:43:57,600
Contingent remainders. Option to
purchase land. Powers of appointment.
768
00:43:58,120 --> 00:43:59,120
Oh.
769
00:43:59,640 --> 00:44:00,598
Executor interest.
770
00:44:00,600 --> 00:44:03,320
You love those mnemonics, don't you?
Yeah, they make me feel more secure.
771
00:44:04,100 --> 00:44:08,960
I really, I want to thank you for taking
the time to help me. I feel calmer now
772
00:44:08,960 --> 00:44:12,240
than I have in the last few weeks. And
there was a moment back there when I
773
00:44:12,240 --> 00:44:15,000
actually pictured myself as a lawyer. It
was really great.
774
00:44:18,440 --> 00:44:21,000
I can't believe I did that.
775
00:44:22,520 --> 00:44:28,580
I can't believe I did that.
776
00:44:29,440 --> 00:44:30,920
Why did you do that?
777
00:44:33,180 --> 00:44:34,180
I don't know.
778
00:44:35,900 --> 00:44:40,840
I, um... I felt like I was standing
outside myself watching me kiss you.
779
00:44:41,580 --> 00:44:43,700
Look, it's late. We're both tired. It's
okay.
780
00:44:43,900 --> 00:44:46,480
I never do things like that. It's
totally out of character for me.
781
00:44:50,820 --> 00:44:52,640
Why don't we just get back to work?
782
00:44:53,360 --> 00:44:54,980
As long as you're sure you're okay.
783
00:44:55,900 --> 00:44:58,300
And you forgive me for being so out of
line.
784
00:44:59,600 --> 00:45:00,780
Yeah, I'm okay.
785
00:45:01,000 --> 00:45:02,560
And I'm, yeah, I forgive you.
786
00:45:03,780 --> 00:45:04,780
All right.
787
00:45:07,460 --> 00:45:10,140
Okay, statute of frauds. What contracts
need to be in writing?
788
00:45:10,360 --> 00:45:11,700
All right, all right.
789
00:45:12,080 --> 00:45:13,800
Where the consideration is marriage.
790
00:45:14,360 --> 00:45:17,460
Where the duration of the contract is
more than a year.
791
00:45:17,860 --> 00:45:19,020
Surety ship, land.
792
00:45:19,620 --> 00:45:25,920
For the sale of goods valued at more
than $500. And for an executor to pay
793
00:45:25,920 --> 00:45:26,920
debts of an estate.
65784
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