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Attorney visit for inmate C -77015.
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Is that really necessary for a non
-contact visit?
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It's a procedure, sir.
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asked to communicate something to you.
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The state of California might be willing
to consider a transfer to Folsom Prison
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in return for you dropping the suit.
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Might be willing to consider it, huh?
Right.
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Does that mean they think we might win?
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It might mean that. It might mean they'd
rather not litigate this until after
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the elections.
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It might mean they want to turn the
other prisoners here against you.
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Have they changed the trial date?
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No.
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They're still flying me out to Los
Angeles today.
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If you elect to go to trial.
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They'll fly you down to Los Angeles and
we will go to trial.
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Well, please tell them that I elect to
go to trial.
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Padret versus the California Department
of Correction. Yeah, that's mine.
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Tom Padret is incarcerated at the
security housing unit at China Lake. A
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-of -the -art, super -maximum security
prison. We're suing to have it shut
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On what grounds?
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On the grounds that the prisoners there
are being kept so totally isolated that
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they're being driven insane.
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There are no windows, no sunlight, no
interaction with other prisoners.
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Literally, they are going mad.
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Sounds like the perfect environment to
reflect on one's past sins and catch up
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on one's reading.
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How are we so fortunate as to have this
one fall into our laps?
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Prisoners' Rights Group contacted me.
Shall we continue?
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Golden Pines Retirement Community versus
Carr, Nordoff, and Croft. This one's
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mine. The retirement community seeking
to evict three senior citizens because
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they're participating in a drug
experiment.
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What kind of drug? They're wearing
testosterone patches.
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The administrator of the facility claims
that they become overly libidinous and
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disruptive as a result. A patch?
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How ingenious that is. It allows you to
control the ebb and flow, so to speak.
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A poker game with the boys, you take it
off. A weekend up at the San Ysidro
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Ranch with a tootsie, you put it on.
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What are you looking at me for?
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No reason.
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We also have the issue of staffing to
discuss.
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Yes, we do. We've cut through all the
potential candidates under consideration
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from the past.
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Resumes, recommendations, favors and the
like. And it pretty much narrows down
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to two.
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Inez Garcia and Patrick Flanagan.
Patrick Flanagan's a contender?
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Yes, he is.
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I've told you about my experience with
him. Yes, you have. And we should
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certainly factor that into the decision
-making process, which I would ask we
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conclude by the end of the week. And
with that, we're adjourned.
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Don't we have something to talk about,
you and I?
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No. What do you mean, no?
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You kissed me on the mouth.
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Yes, I was upset.
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Does that mean you regret having done
it?
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It means that it was a transitory
impulse and I acted on it and now it's
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What can I do to make it come back?
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You can't do anything.
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You little temptress.
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I'd like to see you beg.
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What are my chances?
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I'd say they're pretty good. You think
so?
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Yeah. You graduated in the top 5 % of
your law school class. You've got great
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experience.
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Plus, you know me.
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My interview is Thursday.
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Great. Will you be in the room?
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I can't be. I'm sponsoring you.
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Too bad.
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Oh, you'll do fine.
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I'm nervous.
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I'm not used to being around places like
this.
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Yeah, well, you can get used to it, let
me tell you.
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I'm sure you can.
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I'll see you Thursday when you come in.
Maybe we can have lunch together or
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something. I appreciate you doing this,
Daniel.
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It is. I've known you since you were
born.
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Who are you going to come to for a job
if not me?
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Would you state your occupation, Mr.
Overvault? I am the administrator of the
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Golden Pines Retirement Village.
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You've instituted eviction proceedings
against Mr. Carr, Mr. Nordoff, and Mr.
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Croft. Is that right?
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Yes, it is. For the record, would you
state your reason for doing so?
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They are participating in the clinical
trials of a testosterone patch.
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Consequently, they've become disruptive.
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Do you ever see one? Harold? No, I
haven't. Boys?
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My, my.
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I like a nicotine patch.
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Only these get you to start smoking. Can
we return to the matter at hand? What
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specifically do these gentlemen do, Mr.
Overvault? They wear tight pants.
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They stage golf cart races. They get
into fist fights.
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And they engage in blatantly promiscuous
behavior.
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What's the ratio of women to men in your
community, Mr. Overvault?
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Approximately five to one. Is it
possible that what you characterize as
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promiscuity is nothing more than the
laws of supply and demand at work? I
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just refer to promiscuity, Mr. Brackman.
I referred to blatant promiscuity. We
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are talking about necking. We are
talking about swapping.
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We are talking about public displays of
highly salacious behavior.
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00:08:03,721 --> 00:08:07,799
Is it fair to say, Mr. Oberwald, that
you find the idea of senior citizens
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sexually active?
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00:08:09,160 --> 00:08:14,159
Personally repugnant? No. That which
seniors do privately and discreetly is
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no concern to me whatsoever.
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That which destroys the tranquility of
our community, that which violates our
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bylaws, is of great concern to me.
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You have any more in need of us,
Douglas?
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Nope. Let's split. I've had about all I
can take of this little windbag.
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We're not giving up our patches.
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Monroe. And we're not moving out. Your
depositions start tomorrow, gentlemen.
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We'll be here, doll.
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You little vixen, you.
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Padraic, how long have you been
incarcerated in the security housing
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China Lake Penitentiary? Three years and
four months.
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Would you describe yourself for us?
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It's eight feet by ten feet.
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There's a bed, a sink, and a toilet.
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There's a shelf above my bed with ten
unbound sheets of white writing paper, a
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plastic ink cartridge, and there's a
magazine with a staples removed and one
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book.
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00:09:15,370 --> 00:09:20,650
On a shelf above the sink, there's one
roll of toilet paper and one bar of
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How many hours a day do you spend in the
cell?
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Twenty -two and a half.
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00:09:24,311 --> 00:09:26,869
And where are you during the period of
time that you're not in the cell?
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I'm in the dog run.
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Would you describe for us...
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What the dog run is?
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It's a concrete yard, 12 feet by 30
feet.
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Would you describe for us the process by
which you're taken in and out of your
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cell in order to go to the yard?
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You're handcuffed through a slot in your
cell door.
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The control booth officer opens the
door.
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An assault rifle is pointed at you.
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And then you remove all your clothes.
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Another officer looks inside your mouth,
behind your testicles, and they shine a
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flashlight up your rectum. And this
happens each and every time that you're
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taken in and out of the cell?
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Yes, sir.
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Is there ever a time, Mr. Padret, when
the prisoners are permitted to interact
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with other prisoners?
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00:10:03,960 --> 00:10:06,639
No, the prisoners can talk to the other
prisoners through the walls of their
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cells, but they're not permitted to see
the other prisoners.
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00:10:09,660 --> 00:10:13,139
And what effect, if any, have you
observed the conditions to have on the
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prisoners? Objection.
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00:10:15,120 --> 00:10:19,079
The witness has no medical or
psychological expertise. He's in no
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answer that question. The witness is
being asked for his observation.
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Lord, oh, Lord.
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Mr. Padret?
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Well, some of them scream.
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Some cry.
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00:10:29,790 --> 00:10:33,949
Two weeks ago, one of them killed
himself by swallowing a showerhead. And
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they affect you?
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I don't sleep more than a half hour at a
time.
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And I think in a very precise,
controlled manner.
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I work very hard at keeping myself sane.
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I don't believe I'll be able to do that
much longer.
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I have no further questions.
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Who's Michael Sheehy, Mr. Patrick?
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He was a prisoner at Vacaville State
Prison.
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He was a prisoner that you killed, was
he not?
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Yes. Would you describe to us how you
killed him?
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I beat him to death with a mop bucket.
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And who was James Wiley?
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He was a prisoner at San Quentin.
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You killed him too, didn't you?
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Yes. Would you describe to us how you
killed him?
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I stabbed him in the heart.
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Would you describe for us how you got
the knife you used?
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I melted down some candy wrappers,
waited till they hardened into plastic,
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then I shaped that into a knife. And
it's your testimony that you are not a
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security risk, Mr. Patrick?
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Michael Sheehy sexually assaulted me.
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00:11:31,020 --> 00:11:33,880
James O 'Wiley put out a rumor that I
was an informant.
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In both of these cases, my killing these
men was necessary for my survival. I'll
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ask you again, Mr. Padret.
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Is it your testimony that you are not a
security risk?
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If I'm such a security risk, then you
should kill me.
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You should just strap me in the chair,
drop in the pellets, and put me down.
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00:11:54,060 --> 00:11:56,830
But I do not believe the prison
authority has the right.
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to systematically destroy my mind and
the minds of the other men incarcerated
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the SHU.
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I do not believe that they have the
right to drive us insane.
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00:12:13,820 --> 00:12:20,820
Douglas, where do we stand with the
interviews?
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Padre's coming in today. I know he's
coming in tomorrow.
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It seems as though they're both good
candidates.
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00:12:27,710 --> 00:12:31,329
I agree. Although I'd probably give the
edge to the girl. Would you? She's
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clerked for a federal judge.
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She's worked in the state legislature.
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She's handled a number of major appeals
successfully. I think she'd be a real
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asset. What about Patrick?
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A good resume.
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Fair amount of trial experience.
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00:12:41,531 --> 00:12:45,049
It's not that he's a bad candidate, but
has a bad resume. You know, his father
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and I are extremely good friends.
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Yes. Well, then.
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They'll both be interviewed. Then we'll
vote.
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Right. You'll be in the room for the
interviews?
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Yes.
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00:12:58,900 --> 00:12:59,950
Good.
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00:13:00,660 --> 00:13:04,340
Are you familiar with these gentlemen,
Dr. Grass? Yes, I am.
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00:13:04,840 --> 00:13:09,080
And would you tell us in what context it
is that you're familiar with them?
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00:13:09,440 --> 00:13:13,939
I work for Dermex Industries, and I'm
involved in the development of a
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00:13:13,940 --> 00:13:18,379
transdermal testosterone delivery
system. In common parlance, the patch.
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00:13:18,380 --> 00:13:22,260
gentlemen are participating in a
clinical trial for SANE. Have any side
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manifested themselves in this clinical
trial?
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Surprisingly few.
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Would aggressiveness be one of them?
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00:13:27,960 --> 00:13:30,700
I choose my words very carefully, Ms.
Korshak.
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00:13:31,220 --> 00:13:35,880
Aggressiveness would be an
overstatement, some degree of
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00:13:36,220 --> 00:13:41,399
an intermittent rambunctiousness even,
but aggressiveness is not an accurate
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characterization. The purpose of this
drug is to heighten sexual desire, is it
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00:13:45,780 --> 00:13:47,380
not? That is one purpose.
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00:13:48,040 --> 00:13:53,079
Increasing testosterone levels also
serves to lessen fatigue, restore muscle
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tone. The potential is here for the
patch to become a major asset in the
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practice of gerontology.
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00:13:59,560 --> 00:14:00,880
How high is high, Doctor?
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00:14:01,420 --> 00:14:04,730
I'm afraid I don't know as to what you
are referring, Miss Korshak.
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00:14:04,731 --> 00:14:08,319
I would like to know what level of
sexual desire you're trying to attain.
217
00:14:08,320 --> 00:14:09,319
How is that relevant?
218
00:14:09,320 --> 00:14:12,919
These gentlemen have been behaving in a
way that suggests that the level is
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00:14:12,920 --> 00:14:13,970
somewhat excessive.
220
00:14:14,160 --> 00:14:16,260
Sometimes it gets really excessive.
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00:14:16,680 --> 00:14:19,090
That's when it gets interesting, right,
boys?
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00:14:19,240 --> 00:14:23,039
Harold. Are you familiar with the
practice of double patching, Doctor? I
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00:14:23,040 --> 00:14:26,539
aware that it has occurred. Certainly it
is not sanctioned, and anyone caught
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00:14:26,540 --> 00:14:29,190
doing so will be immediately dropped
from the group.
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00:14:29,191 --> 00:14:31,999
You didn't have to drop Earl Grunewald,
did you, Doctor?
226
00:14:32,000 --> 00:14:35,320
Mr. Grunewald's death was not
attributable to the patch.
227
00:14:35,321 --> 00:14:38,739
He was found wearing two patches at the
time of his death, was he not?
228
00:14:38,740 --> 00:14:42,620
Yes. He was also engaged in an act of
sexual congress at the time of his
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00:14:42,621 --> 00:14:43,379
was he not?
230
00:14:43,380 --> 00:14:46,960
Yes. He was also 95 years old at the
time of his death.
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00:14:47,180 --> 00:14:48,760
We should all be so lucky.
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00:14:48,761 --> 00:14:53,939
How much money is your company spending
to develop this patch, Doctor? That is
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00:14:53,940 --> 00:14:57,059
both irrelevant and proprietary. You
don't have to answer that. I'll get a
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00:14:57,060 --> 00:14:58,110
ruling. Get a ruling.
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00:14:58,640 --> 00:15:01,110
Until then, Doctor, I have no further
questions.
236
00:15:01,821 --> 00:15:04,879
What's your expertise, doctor?
237
00:15:04,880 --> 00:15:08,679
I'm a psychologist by training. I
specialize in the effects of confinement
238
00:15:08,680 --> 00:15:09,559
means of punishment.
239
00:15:09,560 --> 00:15:12,759
Have you ever had an opportunity to
examine the psychological effects of
240
00:15:12,760 --> 00:15:16,679
confinement at China Lake Penitentiary?
Yes, I have. I have interviewed 52 of
241
00:15:16,680 --> 00:15:19,699
the inmates there, including Mr.
Paddock. And what were your findings?
242
00:15:19,700 --> 00:15:24,299
That the technologies in use at China
Lake are unparalleled in the history of
243
00:15:24,300 --> 00:15:25,620
the American penal system.
244
00:15:25,800 --> 00:15:29,399
The physical layout of the prison,
including the use of intercoms and
245
00:15:29,400 --> 00:15:35,139
doors, ensure that the prisoners will be
deprived of any direct human contact
246
00:15:35,140 --> 00:15:38,150
except with the guards that take them in
and out of the cells.
247
00:15:38,151 --> 00:15:41,759
The inmates are given almost nothing in
the way of physical or mental activity
248
00:15:41,760 --> 00:15:42,920
to occupy their time.
249
00:15:43,540 --> 00:15:48,839
The light are kept on at night, and the
meals consist of a processed nutrient
250
00:15:48,840 --> 00:15:51,960
loaf that bears no resemblance to actual
food.
251
00:15:52,720 --> 00:15:57,639
The combined effect is one of prolonged
sensory deprivation. Is that different
252
00:15:57,640 --> 00:15:59,879
from solitary confinement at other
prisons?
253
00:15:59,880 --> 00:16:03,679
Well, yes, it differs both in the degree
of the isolation and the duration of
254
00:16:03,680 --> 00:16:07,059
the treatment. Now, at most of these
institutions, a prisoner is rarely kept
255
00:16:07,060 --> 00:16:08,739
solitary for more than six months.
256
00:16:08,740 --> 00:16:10,620
At China Lake, it can go on for years.
257
00:16:10,621 --> 00:16:14,119
What's known about the effects of this
kind of prolonged deprivation? Well, the
258
00:16:14,120 --> 00:16:17,559
best -known case studies we have are of
POWs who were kept in isolation during
259
00:16:17,560 --> 00:16:20,440
the Korean War, deprived of contact and
conversation.
260
00:16:21,360 --> 00:16:25,859
Many of these men became psychotic.
Doctor, would you assess the mental
261
00:16:25,860 --> 00:16:29,359
of the inmates at China Lake? One -third
of the men I saw are actively
262
00:16:29,360 --> 00:16:34,240
psychotic. Of this group, most
experienced visual and auditory
263
00:16:34,340 --> 00:16:36,870
Several have committed acts of self
-mutilation.
264
00:16:37,280 --> 00:16:40,480
Two... are catatonic. And what about the
remaining two -thirds?
265
00:16:41,100 --> 00:16:46,019
85%, including Mr. Padret, show signs of
severe psychological trauma, including
266
00:16:46,020 --> 00:16:50,290
uncontrollable trembling, sleeplessness,
distortions in perception, and panic.
267
00:16:50,360 --> 00:16:54,639
What, in your opinion, are the prospects
for these men being successfully
268
00:16:54,640 --> 00:16:59,519
integrated into a general prison
population or the world outside of
269
00:16:59,520 --> 00:17:01,560
following incarceration at China Lake?
270
00:17:01,700 --> 00:17:04,480
In my opinion, there are no such
prospects.
271
00:17:06,020 --> 00:17:07,070
Thank you, sir.
272
00:17:07,349 --> 00:17:08,399
Nothing further.
273
00:17:08,970 --> 00:17:13,490
Your evaluation of inmates at China Lake
consisted of interviews. Is that right,
274
00:17:13,550 --> 00:17:18,269
Doctor? Yes. You would ask inmates if
they had various symptoms, and they
275
00:17:18,270 --> 00:17:20,589
respond affirmatively, for the most
part.
276
00:17:20,590 --> 00:17:24,429
My interviewing technique is a little
more sophisticated than that, Counselor.
277
00:17:24,430 --> 00:17:27,709
usually can gauge pretty well whether or
not somebody's being truthful.
278
00:17:27,710 --> 00:17:31,139
Assuming that the problems at China Lake
are what you say they are... What
279
00:17:31,140 --> 00:17:32,419
remedies would you propose?
280
00:17:32,420 --> 00:17:35,579
I recommend that the prison be shut down
so that it can be modified to include
281
00:17:35,580 --> 00:17:39,959
common areas, recreational and
educational facilities, and a fully
282
00:17:39,960 --> 00:17:41,010
psychiatric clinic.
283
00:17:41,240 --> 00:17:47,119
So you would close a $200 million
facility, spend countless additional
284
00:17:47,120 --> 00:17:52,059
of dollars on modifications, all so that
the most vicious criminals in the state
285
00:17:52,060 --> 00:17:54,699
of California could be made to feel more
comfortable?
286
00:17:54,700 --> 00:17:56,540
Objection. I'm going to allow it.
287
00:17:56,820 --> 00:17:59,350
It's not a matter of making them more
comfortable.
288
00:17:59,880 --> 00:18:04,439
The state of California is running a
facility that not only denies these men
289
00:18:04,440 --> 00:18:09,120
chance of rehabilitation, but
effectively destroys their mental
290
00:18:09,420 --> 00:18:12,060
Now, I find that unconscionable.
291
00:18:12,320 --> 00:18:16,280
Well, thank you, Doctor. Your moral
outrage is duly noted.
292
00:18:17,080 --> 00:18:18,220
I have nothing further.
293
00:18:23,620 --> 00:18:24,670
Leland?
294
00:18:25,160 --> 00:18:27,100
Patrick, my boy. How are you? Great.
295
00:18:27,101 --> 00:18:30,149
Great. They told me you were in here. I
just wanted to stick my head in and say
296
00:18:30,150 --> 00:18:31,350
hi. Well, I'm glad you did.
297
00:18:31,610 --> 00:18:32,770
Got my interview today.
298
00:18:32,970 --> 00:18:34,030
I know all about it.
299
00:18:34,031 --> 00:18:37,669
I just wanted to say thanks for
everything you've done with us. Well,
300
00:18:37,670 --> 00:18:38,189
I done?
301
00:18:38,190 --> 00:18:40,130
We need an associate. You need a job.
302
00:18:40,131 --> 00:18:43,229
Well, you made it possible for me to
come in and be considered, and I
303
00:18:43,230 --> 00:18:45,340
that. Excuse me. Are you Patrick
Flanagan?
304
00:18:45,341 --> 00:18:48,469
Yes. They're ready for you. Great. Which
way am I headed? Come with me. I'll
305
00:18:48,470 --> 00:18:49,520
walk you.
306
00:18:49,730 --> 00:18:51,110
This is Denise Ionello.
307
00:18:51,410 --> 00:18:52,850
How do you do? Nice to meet you.
308
00:18:53,270 --> 00:18:54,590
You still playing squash?
309
00:18:54,770 --> 00:18:55,820
When I can.
310
00:18:55,821 --> 00:18:59,199
Patrick was the number two ranked squash
player at Harvard.
311
00:18:59,200 --> 00:19:00,219
Did that sell?
312
00:19:00,220 --> 00:19:02,270
Well, it was a weak field when I was
there.
313
00:19:02,700 --> 00:19:03,750
You're right in here.
314
00:19:03,920 --> 00:19:04,970
Thank you.
315
00:19:05,380 --> 00:19:06,520
Good luck. Thanks.
316
00:19:06,720 --> 00:19:07,770
You'll do fine.
317
00:19:07,800 --> 00:19:12,020
Let me start by saying that we are, all
of us, very impressed with your resume.
318
00:19:12,280 --> 00:19:13,330
Thank you.
319
00:19:13,360 --> 00:19:16,430
We also all know that there are a few
things we need to discuss.
320
00:19:16,640 --> 00:19:20,070
Yes, there are. I'd like to ask you to
explain the incident at Harvard.
321
00:19:20,220 --> 00:19:22,080
I plagiarized the law review article.
322
00:19:22,081 --> 00:19:23,579
What would you like to know?
323
00:19:23,580 --> 00:19:24,660
How do you explain it?
324
00:19:24,910 --> 00:19:28,889
It's hard to keep an explanation from
sounding like a justification, and I
325
00:19:28,890 --> 00:19:30,750
very much for it not to sound like that.
326
00:19:31,330 --> 00:19:35,030
I did what I did because I wanted to
fail. I wanted to self -destruct.
327
00:19:35,530 --> 00:19:38,720
I could just as easily have driven my
car into oncoming traffic.
328
00:19:38,990 --> 00:19:40,250
Has the impulse passed?
329
00:19:40,670 --> 00:19:41,720
It feels like it has.
330
00:19:41,890 --> 00:19:46,329
I ended up taking some time off from
school, albeit not voluntarily, and I
331
00:19:46,330 --> 00:19:47,410
thought about myself.
332
00:19:47,411 --> 00:19:51,189
I ended up going to a psychiatrist for
the first time in my life. I took stock
333
00:19:51,190 --> 00:19:52,239
of myself.
334
00:19:52,240 --> 00:19:56,280
All I can say is that I'm a very
different person at 27 than I was at 21.
335
00:19:56,281 --> 00:19:59,919
There's another matter we need to
discuss, and this happened only a year
336
00:19:59,920 --> 00:20:03,519
You represented a plaintiff in a
whistleblower suit and had your case
337
00:20:03,520 --> 00:20:05,300
because of falsified lab reports.
338
00:20:05,740 --> 00:20:09,359
Say it ain't so, Joe. I'll say it ain't
so. I'll say it's my dying day. Those
339
00:20:09,360 --> 00:20:12,730
falsified lab reports were planted by
the defendant corporation.
340
00:20:12,731 --> 00:20:16,019
Unfortunately, I couldn't prove that,
and the judge bought that I was
341
00:20:16,020 --> 00:20:17,070
responsible.
342
00:20:17,071 --> 00:20:21,289
One day, I hope I can prove it. And then
there's the matter of Daniel Morales.
343
00:20:21,290 --> 00:20:24,609
You and he had a bit of a contretemps.
I'm sure you've heard the events
344
00:20:24,610 --> 00:20:28,580
recounted by Mr. Morales. I would offer
up a somewhat different interpretation.
345
00:20:28,830 --> 00:20:32,629
Both our clients were on trial for armed
robbery and murder. He represented
346
00:20:32,630 --> 00:20:36,909
his... I represented mine. He claims
that you induced your client to turn
347
00:20:36,910 --> 00:20:37,869
state's evidence.
348
00:20:37,870 --> 00:20:39,649
The state induced him. They offered him
parole.
349
00:20:39,650 --> 00:20:42,329
He claims you put your client on the
stand knowing he was going to lie.
350
00:20:42,330 --> 00:20:44,989
I didn't know he was going to lie. I
don't know that he did lie. Should you
351
00:20:44,990 --> 00:20:48,129
to work here, Mr. Flanagan, this is a
matter that you and Mr. Morales will
352
00:20:48,130 --> 00:20:49,180
to settle.
353
00:20:49,250 --> 00:20:51,570
Mr. Morales has thus far refused to talk
to me.
354
00:20:52,310 --> 00:20:54,290
You may want to make additional efforts.
355
00:20:57,250 --> 00:20:58,300
Mr. Carr.
356
00:20:58,450 --> 00:20:59,530
Call me Buzz.
357
00:21:00,370 --> 00:21:01,420
Buzz.
358
00:21:01,830 --> 00:21:05,789
Are you aware that since the beginning
of this study, the Golden Pines
359
00:21:05,790 --> 00:21:10,169
have lodged 15 complaints against you
and your co -defendants? From those
360
00:21:10,170 --> 00:21:11,850
without the patch, no doubt.
361
00:21:12,330 --> 00:21:15,930
Some of these complaints were from
women. I haven't had any complaints.
362
00:21:16,190 --> 00:21:17,330
Have you, Dwight? Nope.
363
00:21:17,970 --> 00:21:20,070
But I have had a few marriage proposals.
364
00:21:20,710 --> 00:21:22,330
Mr. Carr, is that your signature?
365
00:21:23,170 --> 00:21:27,249
Yes, yes, that looks like it. That would
indicate your familiarity with the
366
00:21:27,250 --> 00:21:29,360
bylaws of the community in which you
live.
367
00:21:30,600 --> 00:21:31,760
Do I give her that?
368
00:21:32,000 --> 00:21:33,990
Just tell her the truth, Buzz. All
right.
369
00:21:34,580 --> 00:21:37,160
Yes, I am familiar with the bylaws.
370
00:21:37,420 --> 00:21:39,920
On October 10th, 1993...
371
00:21:40,890 --> 00:21:46,109
Did not you and your two friends here
take over a square dance class and
372
00:21:46,110 --> 00:21:52,509
to lead your female partners in the
lombada? Oh, yes, we did. And a fine
373
00:21:52,510 --> 00:21:53,560
it was, too.
374
00:21:53,630 --> 00:21:56,470
And did not two of those females faint
on that occasion?
375
00:21:56,471 --> 00:21:57,409
Oh, no.
376
00:21:57,410 --> 00:21:59,790
What they did was swoon.
377
00:21:59,791 --> 00:22:03,649
I believe fibrillate would be closer to
the truth. I would ask that your client
378
00:22:03,650 --> 00:22:05,880
not interject, Ms. Korshak. They
interject?
379
00:22:05,881 --> 00:22:08,649
Why can't I interject? I would ask that
no one interject.
380
00:22:08,650 --> 00:22:10,059
Let me ask you something, dear.
381
00:22:10,060 --> 00:22:13,579
Don't you think we should be able to
decide for ourselves what kind of
382
00:22:13,580 --> 00:22:19,120
recreational activities we can engage in
without being dictated to? Mr. Croft.
383
00:22:19,180 --> 00:22:24,239
Unless, of course, a Max such as
yourself were interested in doing the
384
00:22:24,240 --> 00:22:25,290
dictating.
385
00:22:26,720 --> 00:22:30,819
Utterly depraved. Fair as the
sanctimony, Mr. Overvolt. No kidding. If
386
00:22:30,820 --> 00:22:35,899
in our 30s or 40s or 50s, it wouldn't be
depraved. There are rules that govern
387
00:22:35,900 --> 00:22:40,539
conduct in our community. Well, to hell
with your rules. We're not living in a
388
00:22:40,540 --> 00:22:45,360
ding -dang gulag. We're living in the U
.S. of A. The fact is there are rules,
389
00:22:45,500 --> 00:22:48,220
and these rules are legal and
enforceable.
390
00:22:48,560 --> 00:22:54,120
And notwithstanding the fact that you
are three very attractive men with...
391
00:22:55,240 --> 00:22:56,380
Testosterone surging.
392
00:22:57,000 --> 00:23:00,360
In the end, your options are to adjust
or move.
393
00:23:00,640 --> 00:23:03,940
You are wicked. Clearly, we have a
difference of opinion.
394
00:23:04,140 --> 00:23:06,500
It's also quite impossible for us to
move.
395
00:23:06,501 --> 00:23:07,519
Why is that?
396
00:23:07,520 --> 00:23:11,779
Because you've got all our money tied
up, you little squint. Between your
397
00:23:11,780 --> 00:23:15,200
entrance fees and your rent, we can't
afford to move.
398
00:23:15,201 --> 00:23:18,899
Yeah, and if it weren't for what we make
selling patches, we could hardly get
399
00:23:18,900 --> 00:23:19,950
by.
400
00:23:23,850 --> 00:23:25,950
You have been felling patches?
401
00:23:26,370 --> 00:23:28,250
I believe that's a felony, Douglas.
402
00:23:28,930 --> 00:23:31,450
I'll need some time to confer with my
clients.
403
00:23:31,770 --> 00:23:35,500
Take all the time you want. As far as
I'm concerned, this deposition is over.
404
00:23:35,501 --> 00:23:38,729
I'll be in front of a judge tomorrow
seeking an injunction.
405
00:23:38,730 --> 00:23:39,780
Good day, gentlemen.
406
00:23:40,550 --> 00:23:41,670
Drug traffickers.
407
00:23:44,550 --> 00:23:48,949
And to think that at one time I'd hoped
to make you, Dwight, the master of
408
00:23:48,950 --> 00:23:50,530
ceremonies at our pageant.
409
00:23:50,531 --> 00:23:56,979
How does a prisoner wind up in the
security housing unit at China Lake,
410
00:23:56,980 --> 00:23:59,750
He proves himself to be unmanageable at
other prisons.
411
00:23:59,751 --> 00:24:02,259
Characteristically, how would he do
that? He'd kill someone.
412
00:24:02,260 --> 00:24:03,360
He'd traffic in drugs.
413
00:24:03,361 --> 00:24:06,739
He'd make himself a threat to the rest
of the prison population.
414
00:24:06,740 --> 00:24:12,379
The security housing unit at China Lake
employs technology and prison design not
415
00:24:12,380 --> 00:24:14,119
found in other prisons. Is that right?
416
00:24:14,120 --> 00:24:17,259
Yes. And what, to your mind, is the
effect of that? The most significant
417
00:24:17,260 --> 00:24:20,599
is that not a single prisoner or guard
has been killed since the unit's been in
418
00:24:20,600 --> 00:24:22,880
operation. Why is it necessary...
419
00:24:23,210 --> 00:24:25,390
To isolate these men? To protect them.
420
00:24:25,391 --> 00:24:29,369
These men have demonstrated that they
can't function in a group environment.
421
00:24:29,370 --> 00:24:33,249
Do you acknowledge that some prisoners
may be psychologically damaged by the
422
00:24:33,250 --> 00:24:37,309
conditions in the SHU? I would argue
that most prisoners are psychologically
423
00:24:37,310 --> 00:24:39,690
damaged in one form or another to begin
with.
424
00:24:40,370 --> 00:24:44,869
I will acknowledge that it's not
particularly pleasant to be incarcerated
425
00:24:44,870 --> 00:24:48,709
SHU, but I'd also argue that there's no
one there who doesn't deserve to be
426
00:24:48,710 --> 00:24:50,570
there. I have no further questions.
427
00:24:52,960 --> 00:24:57,279
It's fair to say, is it not, warden,
that you've pretty much abandoned any
428
00:24:57,280 --> 00:25:01,020
pretense of providing a means of
rehabilitation for these men, yet?
429
00:25:01,021 --> 00:25:05,319
Rehabilitation requires a certain
minimal level of cooperation on the part
430
00:25:05,320 --> 00:25:06,279
the prisoner.
431
00:25:06,280 --> 00:25:10,479
These men thus far have not demonstrated
that. And according to you, the nature
432
00:25:10,480 --> 00:25:14,260
of the operation at the FHU is dictated
by what they have demonstrated.
433
00:25:14,261 --> 00:25:17,779
That's right. All right, prisoners are
allowed in the yard for 90 minutes a
434
00:25:17,780 --> 00:25:18,479
is that right?
435
00:25:18,480 --> 00:25:21,819
Yes. Are there recreational activities
of any kind available to them in the
436
00:25:21,820 --> 00:25:25,459
yard? I don't know what constitutes a
recreational activity to your mind.
437
00:25:25,460 --> 00:25:28,359
Are there weights in the yard? No. Why
aren't there weights? Weights can be
438
00:25:28,360 --> 00:25:29,199
into weapons.
439
00:25:29,200 --> 00:25:31,840
Is there basketball or handball in the
yard?
440
00:25:31,841 --> 00:25:35,179
No, there isn't. Why isn't there? They
can also be made into weapons.
441
00:25:35,180 --> 00:25:38,479
And if you doubt that, I suggest you
talk to your client. I'm sure he'd tell
442
00:25:38,480 --> 00:25:41,259
exactly how he'd do it. Objection. Ask
that the latter part of the witness's
443
00:25:41,260 --> 00:25:42,940
response be stricken. So stricken.
444
00:25:43,220 --> 00:25:44,270
Warden.
445
00:25:44,460 --> 00:25:48,759
Isn't the mental deterioration of
prisoners the express purpose of the SHU
446
00:25:48,760 --> 00:25:52,019
China Lake? No, it is not. You do
understand it to be the inevitable and
447
00:25:52,020 --> 00:25:55,579
proximate result of incarceration there,
though, do you not? I understand no
448
00:25:55,580 --> 00:25:58,770
such thing. Isn't this prison designed
for one thing only, sir?
449
00:25:58,880 --> 00:26:02,640
Isn't it to make it as easy as possible
for you to store these men?
450
00:26:02,900 --> 00:26:05,790
I've worked in the prison system for 19
years, Mr. Rollins.
451
00:26:06,160 --> 00:26:09,830
There wasn't a single day in all that
time that I would call what I did easy.
452
00:26:10,220 --> 00:26:14,079
When I was a guard, I took it as a
personal failure to have a prisoner die
453
00:26:14,080 --> 00:26:18,599
watch. I felt it was my responsibility
to see to it that prisoners stayed alive
454
00:26:18,600 --> 00:26:20,580
for the entire length of their sentence.
455
00:26:21,440 --> 00:26:22,700
I still feel that way.
456
00:26:23,920 --> 00:26:25,600
Now I don't fail nearly as often.
457
00:26:33,640 --> 00:26:34,690
All right, miss.
458
00:26:34,970 --> 00:26:36,530
Korshak, I've read your motion.
459
00:26:36,730 --> 00:26:38,050
You have something to add?
460
00:26:38,090 --> 00:26:42,889
Your Honor, in addition to the
disruptive incidents referred to in my
461
00:26:42,890 --> 00:26:46,529
have reason to believe the defendants
have been peddling these testosterone
462
00:26:46,530 --> 00:26:51,069
patches to other residents of Golden
Pines. We ask the court to enjoin this
463
00:26:51,070 --> 00:26:55,190
study immediately to cut off
distribution of this illicit
464
00:26:55,810 --> 00:26:59,310
Your Honor, there's absolutely no
evidence of any trafficking.
465
00:26:59,311 --> 00:27:03,539
And joining the study would be a drastic
overreaction and grossly unfair to my
466
00:27:03,540 --> 00:27:07,539
clients. These patches constitute
controlled substances, Your Honor.
467
00:27:07,540 --> 00:27:11,059
wreaking havoc on the community, and we
have no idea what the long -range side
468
00:27:11,060 --> 00:27:15,679
effects are. I'm 82 years old, Missy.
How long -range should I be concerned
469
00:27:15,680 --> 00:27:18,320
about? That's quite enough, Mr.
Nordhoff.
470
00:27:18,520 --> 00:27:20,040
Can I say something, Judge?
471
00:27:20,041 --> 00:27:21,119
Go ahead.
472
00:27:21,120 --> 00:27:25,439
Yeah, well, before we got our patches,
Harold, Dwight, and I were just three
473
00:27:25,440 --> 00:27:28,080
lonely old men sitting around waiting to
die.
474
00:27:28,480 --> 00:27:34,270
Yeah. The patch opened our eyes. It
restored us, made our lives less
475
00:27:34,410 --> 00:27:35,970
We're begging you, Judge.
476
00:27:36,230 --> 00:27:41,449
Take away our Motrin, take away our
Digitalis, even our milk of magnesia,
477
00:27:41,450 --> 00:27:45,610
for God's sakes, do not take away our
patches.
478
00:27:45,850 --> 00:27:50,909
If you men are trafficking in a
controlled substance, you can and will
479
00:27:50,910 --> 00:27:56,189
prosecuted. Since there is no evidence
of such activity, I deny plaintiff's
480
00:27:56,190 --> 00:27:57,510
motion to enjoin the study.
481
00:27:57,840 --> 00:28:00,310
The eviction notice will continue as
scheduled.
482
00:28:00,520 --> 00:28:02,260
We stand adjourned. Very well, sir.
483
00:28:05,780 --> 00:28:09,540
Your Honor, the defense calls Elizabeth
Rowe.
484
00:28:10,151 --> 00:28:17,679
Objection, Your Honor. The testimony of
this witness is wholly irrelevant.
485
00:28:17,680 --> 00:28:21,139
What is this witness here to testify to,
Mr. Clayton? Your Honor, Miss Rowe
486
00:28:21,140 --> 00:28:23,579
witnessed the killing of her father at
the hands of Mr.
487
00:28:23,580 --> 00:28:28,299
Padraic. 19 years ago. She's flown here
at her own expense to testify to the
488
00:28:28,300 --> 00:28:33,319
nature of that crime. Testimony about a
crime committed prior to Mr. Padret's
489
00:28:33,320 --> 00:28:34,700
confinement is irrelevant.
490
00:28:35,040 --> 00:28:36,120
Objection sustained.
491
00:28:36,121 --> 00:28:37,499
Call your next witness.
492
00:28:37,500 --> 00:28:40,060
The defense calls Roland Prince.
493
00:28:41,120 --> 00:28:42,170
Objection.
494
00:28:42,171 --> 00:28:45,379
The testimony of this witness is wholly
irrelevant.
495
00:28:45,380 --> 00:28:49,519
Is Mr. Prince also here to testify to
events prior to Mr. Padret's
496
00:28:49,520 --> 00:28:51,140
incarceration? Yes, Your Honor.
497
00:28:51,300 --> 00:28:52,350
His sister.
498
00:28:52,970 --> 00:28:54,090
Was killed by Mr.
499
00:28:54,330 --> 00:28:56,690
Padret. Objection is sustained.
500
00:28:56,930 --> 00:28:58,070
Call your next witness.
501
00:28:58,250 --> 00:29:00,530
The defense calls Dorothy White.
502
00:29:01,210 --> 00:29:02,350
Objection irrelevant.
503
00:29:02,351 --> 00:29:03,629
Mr. Clay.
504
00:29:03,630 --> 00:29:05,930
She was assaulted by Mr.
505
00:29:06,350 --> 00:29:08,650
Padret. Objection sustained.
506
00:29:08,990 --> 00:29:10,570
Call your next witness.
507
00:29:10,970 --> 00:29:13,350
The defense calls Trent Ma.
508
00:29:13,870 --> 00:29:15,170
Objection irrelevant.
509
00:29:15,770 --> 00:29:17,670
Counsel will approach the bench.
510
00:29:24,720 --> 00:29:28,450
Are your remaining witnesses crime
victims, Mr. Clayton? Yes, Your Honor.
511
00:29:28,451 --> 00:29:31,999
They're here to testify to the nature of
crimes committed by Mr. Patrick and
512
00:29:32,000 --> 00:29:34,420
other men who are now being held. Okay.
513
00:29:35,520 --> 00:29:37,940
What you're doing is grandstanding.
514
00:29:38,160 --> 00:29:39,240
I'm not impressed.
515
00:29:39,620 --> 00:29:41,140
It does not help your case.
516
00:29:41,380 --> 00:29:46,480
The testimony of all of these witnesses
is inadmissible and irrelevant.
517
00:29:46,980 --> 00:29:51,339
What you have done is waste the time of
this court and the time and the money of
518
00:29:51,340 --> 00:29:52,900
these people who showed up here.
519
00:29:52,960 --> 00:29:56,200
I submit that you owe all of them an
apology.
520
00:29:57,480 --> 00:29:58,530
Step back.
521
00:30:04,680 --> 00:30:08,919
Well, Inez, we know something about you
from your resume, but perhaps it would
522
00:30:08,920 --> 00:30:12,470
be best if you told us yourself about
the kind of work you've been doing.
523
00:30:13,800 --> 00:30:17,879
I've been working in a storefront legal
clinic in East L .A. I've done mostly
524
00:30:17,880 --> 00:30:20,290
immigration, landlord -tenant, and
criminal.
525
00:30:20,900 --> 00:30:22,400
Primarily, I'm a trial lawyer.
526
00:30:23,719 --> 00:30:25,889
You've handled some pretty major
appeals.
527
00:30:26,040 --> 00:30:27,090
Yes, I have.
528
00:30:27,560 --> 00:30:28,820
How come you're leaving?
529
00:30:28,840 --> 00:30:32,500
We had a rough year last year. Our
budget was cut. They closed our office
530
00:30:32,501 --> 00:30:35,879
How do you feel about doing types of law
other than what you've been doing?
531
00:30:35,880 --> 00:30:39,359
I feel good about it. It's one of the
reasons I want to work in a firm like
532
00:30:39,360 --> 00:30:41,639
this, is that I hope to try other types
of cases.
533
00:30:41,640 --> 00:30:43,380
You see yourself as a trial lawyer?
534
00:30:44,040 --> 00:30:47,980
Yes. Are you prepared to serve second
chair while another lawyer tries the
535
00:30:47,981 --> 00:30:51,849
Absolutely. Are you prepared to spend
the vast majority of your time doing
536
00:30:51,850 --> 00:30:54,309
that has no political significance
whatsoever?
537
00:30:54,310 --> 00:30:55,450
That's an odd question.
538
00:30:55,451 --> 00:30:59,229
Well, it's not an odd question at all.
You worked in the legal clinic at East L
539
00:30:59,230 --> 00:31:02,949
.A. I'm sure you derived a great deal of
professional gratification from
540
00:31:02,950 --> 00:31:07,289
handling cases that were in concert with
your political beliefs. You weren't
541
00:31:07,290 --> 00:31:08,370
doing it for the money.
542
00:31:08,570 --> 00:31:12,930
My question is, how happy would you be
here? I think I could be very happy
543
00:31:13,010 --> 00:31:14,060
Mr. Brackman.
544
00:31:14,550 --> 00:31:18,409
I'm interested in acquiring a certain
credibility as an attorney that
545
00:31:18,410 --> 00:31:20,210
I feel myself to be lacking.
546
00:31:20,830 --> 00:31:25,569
I'd be making considerably more money
than I'm used to making and I also know
547
00:31:25,570 --> 00:31:29,349
something about this firm from Daniel
Morales. I know the kind of cases you
548
00:31:29,350 --> 00:31:31,690
on. I think I know the kind of people
you are.
549
00:31:32,010 --> 00:31:34,050
This is where I want to work.
550
00:31:35,090 --> 00:31:36,140
Fair enough.
551
00:31:36,141 --> 00:31:40,459
The Eighth Amendment to the United
States Constitution says that cruel and
552
00:31:40,460 --> 00:31:44,959
unusual punishment shall not be
inflicted. It codifies what we very much
553
00:31:44,960 --> 00:31:47,370
believe about ourselves, that we have
evolved.
554
00:31:47,620 --> 00:31:52,119
That no matter how much we may revile an
individual, no matter how heinous may
555
00:31:52,120 --> 00:31:54,620
be their crime, we don't torture them.
556
00:31:55,220 --> 00:32:00,119
We don't use the rack or the whip or the
thumbscrew. We as a society have come
557
00:32:00,120 --> 00:32:03,919
to believe those devices to be immoral.
And so our Constitution makes them
558
00:32:03,920 --> 00:32:04,970
illegal.
559
00:32:04,971 --> 00:32:09,259
Your Honor, the use of psychological
torture as found in the security housing
560
00:32:09,260 --> 00:32:12,520
unit at China Lake is no less immoral
and no less illegal.
561
00:32:13,100 --> 00:32:18,219
You have heard uncontroverted expert
testimony that 30 % of the prisoners
562
00:32:18,220 --> 00:32:19,680
are clinically psychotic.
563
00:32:19,681 --> 00:32:24,619
You've also heard expert testimony that
what brought about this mass psychosis
564
00:32:24,620 --> 00:32:27,740
is the conditions at the prison.
565
00:32:29,420 --> 00:32:33,659
Now, assuming that those conditions
don't evoke a sense of moral outrage,
566
00:32:33,660 --> 00:32:35,299
are still practical considerations.
567
00:32:35,300 --> 00:32:39,739
Most of the men at the SHU will one day
finish their sentences, and when they
568
00:32:39,740 --> 00:32:43,280
do, we as a society will have to deal
with them.
569
00:32:43,480 --> 00:32:48,199
We will either maintain them in
psychiatric hospitals or we'll put them
570
00:32:48,200 --> 00:32:49,199
the streets.
571
00:32:49,200 --> 00:32:54,100
And we will soon find out what this
latest prison technology has made them
572
00:32:54,660 --> 00:32:55,820
Your Honor, I'm...
573
00:32:56,200 --> 00:33:00,699
asking the court to declare the
conditions and procedures at the China
574
00:33:00,700 --> 00:33:05,400
Prison Security Housing Unit cruel and
unusual punishment.
575
00:33:06,460 --> 00:33:09,720
I would ask the court to shut it down.
576
00:33:15,340 --> 00:33:17,880
Your Honor, China Lake is a success.
577
00:33:19,280 --> 00:33:23,200
Tom Padret and the other inmates in the
Security Housing Unit there
578
00:33:24,140 --> 00:33:29,499
have demonstrated their inability to
live in the society of other men, even
579
00:33:29,500 --> 00:33:32,560
the controlled environment of a maximum
security prison.
580
00:33:32,561 --> 00:33:36,559
Attempts to rehabilitate them have
failed.
581
00:33:36,560 --> 00:33:41,459
They are the most violent, most
dangerous, most incorrigible inmates in
582
00:33:41,460 --> 00:33:42,840
entire prison system.
583
00:33:43,060 --> 00:33:46,680
And somehow, the prison system must deal
with them.
584
00:33:47,920 --> 00:33:53,220
China Lake offers the safest, best, most
economically feasible solution.
585
00:33:53,930 --> 00:33:55,790
Now, is there psychological damage?
586
00:33:57,150 --> 00:33:58,270
No doubt there is.
587
00:33:58,550 --> 00:33:59,930
It comes with the territory.
588
00:34:01,310 --> 00:34:03,310
Commit heinous crimes on the street.
589
00:34:04,390 --> 00:34:06,800
Continue committing heinous crimes in
prison.
590
00:34:07,430 --> 00:34:13,448
And we will do that which is necessary
to counteract your ability to commit
591
00:34:13,449 --> 00:34:14,499
crime.
592
00:34:15,429 --> 00:34:17,370
We will put you in a place like this.
593
00:34:19,850 --> 00:34:21,550
And we will be safe from you.
594
00:34:26,000 --> 00:34:27,080
And I'll be right back.
595
00:34:29,480 --> 00:34:32,360
Come on, just wait a second.
596
00:34:32,600 --> 00:34:33,780
Not a minute too soon.
597
00:34:33,781 --> 00:34:38,539
Officer, I'm the attorney for these men.
Please advise me as to what's going on.
598
00:34:38,540 --> 00:34:42,480
It's been alleged that these gentlemen
have been selling a controlled
599
00:34:42,481 --> 00:34:44,919
Counselor, we have no choice but to
bring them in.
600
00:34:44,920 --> 00:34:47,219
Who alleged this? Monroe. Who else?
601
00:34:47,220 --> 00:34:50,658
We searched the units of several other
residents here. We found testosterone
602
00:34:50,659 --> 00:34:53,859
patches. Requesting the resident, they
said they purchased it from these
603
00:34:53,860 --> 00:34:55,659
gentlemen here. They ratted us out.
604
00:34:55,960 --> 00:35:00,140
Please put your hands behind your back,
sir. I have to handcuff. Come on. Wait.
605
00:35:01,140 --> 00:35:04,940
Those patches don't contain
testosterone.
606
00:35:05,600 --> 00:35:10,080
What? Who are you? I'm Dr. Kendall
Graff. I'm conducting the clinical
607
00:35:10,880 --> 00:35:17,419
Those patches are placebos. What do you
mean, placebos? Every clinical trial
608
00:35:17,420 --> 00:35:18,920
has a control group.
609
00:35:19,340 --> 00:35:23,820
In this trial, you're it. You mean we
haven't been getting the real thing?
610
00:35:23,821 --> 00:35:25,939
We'll need a statement to that effect,
Doctor.
611
00:35:25,940 --> 00:35:28,830
I'll give you a statement. I also have
full documentation.
612
00:35:28,960 --> 00:35:35,880
Well, what about, you know... The mind
can be a powerful aphrodisiac, Mr. Carr.
613
00:35:39,320 --> 00:35:43,299
I'll talk to Lorraine Korshak. We'll see
what effect this has on the eviction
614
00:35:43,300 --> 00:35:45,420
proceedings. Well, shoot.
615
00:35:45,421 --> 00:35:47,029
Where are you going?
616
00:35:47,030 --> 00:35:48,370
I'm going to go lay down.
617
00:35:48,590 --> 00:35:49,990
I think I'll do the same.
618
00:35:50,690 --> 00:35:51,770
Come on, Dwight.
619
00:35:52,410 --> 00:35:53,460
Where are you going?
620
00:35:59,630 --> 00:36:05,490
Two minutes, that's all I'm asking.
621
00:36:06,050 --> 00:36:07,100
What do you want?
622
00:36:07,750 --> 00:36:11,590
I want to see if I can clear the air.
Man, we have nothing to talk about.
623
00:36:11,591 --> 00:36:13,929
with all due respect, I don't think
that's right.
624
00:36:13,930 --> 00:36:15,669
You're going to tell me what's right?
625
00:36:15,670 --> 00:36:19,289
No. What I would ask, though, is that
you at least consider the possibility
626
00:36:19,290 --> 00:36:20,609
I didn't do what you think I did.
627
00:36:20,610 --> 00:36:25,349
Patrick, I have a client doing 20 to
life in a maximum security prison
628
00:36:25,350 --> 00:36:27,210
your client lied on the witness stand.
629
00:36:27,211 --> 00:36:29,029
What, are you saying your client was
innocent?
630
00:36:29,030 --> 00:36:31,969
I'm saying he never would have been
convicted of felony murder if it hadn't
631
00:36:31,970 --> 00:36:33,449
for that particular testimony.
632
00:36:33,450 --> 00:36:34,530
I don't see it that way.
633
00:36:34,650 --> 00:36:37,130
Like I said, we have nothing to talk
about.
634
00:36:37,131 --> 00:36:40,769
So what do you propose we do? I propose
we stay as far away from each other as
635
00:36:40,770 --> 00:36:43,870
possible. Well, that may be a problem if
I come to work here.
636
00:36:44,310 --> 00:36:47,270
Yeah. Well, we'll cross that bridge when
we come to it.
637
00:36:49,110 --> 00:36:52,170
Tell me something. Do your partners know
how you feel?
638
00:36:52,410 --> 00:36:53,750
Oh, yes, they do.
639
00:36:54,370 --> 00:36:57,080
It's a little surprising I'm still being
considered.
640
00:37:02,430 --> 00:37:03,910
All right, I'm coming.
641
00:37:04,350 --> 00:37:09,210
Whatever we're here to do, let's do it
quick. I've got a set schedule for 1
642
00:37:09,530 --> 00:37:11,700
They faxed over the terms of the
agreement.
643
00:37:12,390 --> 00:37:13,710
They'll be here any minute.
644
00:37:14,140 --> 00:37:17,160
And we need to discuss this. Dwight,
have a seat, please.
645
00:37:17,380 --> 00:37:22,919
Thank you. I strongly advise against you
signing this. Well, we are going to
646
00:37:22,920 --> 00:37:26,939
sign it, Doug. Let me tell you what's
here. In exchange for them dropping the
647
00:37:26,940 --> 00:37:30,459
eviction proceedings, you agree to no
parties without written permission from
648
00:37:30,460 --> 00:37:35,999
the management, no music after 9 p .m.,
no tight jeans, no spandex bicycle
649
00:37:36,000 --> 00:37:39,440
shorts, no cruising in electric golf
carts. Douglas.
650
00:37:40,300 --> 00:37:43,970
It doesn't make any difference. Let's
sign the paper and be done with this.
651
00:37:44,040 --> 00:37:47,460
Guys, we can go to court and win.
652
00:37:48,040 --> 00:37:52,220
They have no right to impose these rules
on you. We don't want to make waves.
653
00:37:52,280 --> 00:37:54,620
They want things to be quiet. Let them
be quiet.
654
00:37:58,200 --> 00:38:02,279
Explain something to me. You find out
that you've been getting a placebo, and
655
00:38:02,280 --> 00:38:05,830
suddenly you want to fold your hands and
file in like good little boys?
656
00:38:06,860 --> 00:38:09,760
What's the story? The story is...
657
00:38:10,410 --> 00:38:14,629
Rude. You were old yesterday. You were
old the day before yesterday. You were
658
00:38:14,630 --> 00:38:18,950
also studs. We were under the illusion
that we were receiving medication.
659
00:38:19,250 --> 00:38:23,150
You don't need the medication. You had
the desire to be a bunch of sharpsters,
660
00:38:23,151 --> 00:38:26,729
and that's what you were. You didn't
want to be physically decrepit, and you
661
00:38:26,730 --> 00:38:31,130
weren't. The fact that those patches
were placebos is good news, boys.
662
00:38:31,430 --> 00:38:34,190
It means that you can go back to being
studs.
663
00:38:34,910 --> 00:38:35,960
Good morning.
664
00:38:37,110 --> 00:38:39,150
I assume you received the documents?
665
00:38:39,151 --> 00:38:41,119
Yes, I have.
666
00:38:41,120 --> 00:38:43,260
Good. And are they acceptable?
667
00:38:43,500 --> 00:38:46,930
Not as far as I'm concerned, they're
not. Are they acceptable to your
668
00:38:48,280 --> 00:38:49,440
You'll have to ask them.
669
00:38:49,660 --> 00:38:52,460
Okay. Gentlemen, what'll it be?
670
00:38:58,800 --> 00:38:59,850
Harold?
671
00:39:00,540 --> 00:39:04,180
Well, as a matter of fact, I do have a
question.
672
00:39:04,800 --> 00:39:09,179
That rule that says we've got to have
written permission before we can have a
673
00:39:09,180 --> 00:39:10,230
party.
674
00:39:10,790 --> 00:39:12,470
What constitutes a party?
675
00:39:12,690 --> 00:39:18,269
I think you can assume standard usage of
the word. So if, for instance, I were
676
00:39:18,270 --> 00:39:24,349
to meet, let's say, a woman like you,
and I struck up a conversation, and one
677
00:39:24,350 --> 00:39:29,609
thing led to another, and you came back
to my place, and I put on my Charlie
678
00:39:29,610 --> 00:39:33,649
Rich records, and we had a couple of
drinks, and after a while you turned to
679
00:39:33,650 --> 00:39:36,810
and said, Charlie Rich or no Charlie
Rich?
680
00:39:37,180 --> 00:39:42,099
You're the silver fox as far as I'm
concerned, and the patients took a hold
681
00:39:42,100 --> 00:39:43,150
us.
682
00:39:43,220 --> 00:39:45,240
Would that constitute a party?
683
00:39:45,880 --> 00:39:47,920
That would not be acceptable behavior.
684
00:39:48,400 --> 00:39:50,260
Then to hell with it. That's right.
685
00:39:50,860 --> 00:39:55,220
Douglas, you do whatever you have to do.
And I say we go to court. Fine.
686
00:39:55,480 --> 00:39:59,560
You are willing to go to court over
this? In a right hot minute.
687
00:40:01,840 --> 00:40:03,460
It's horrifying to consider.
688
00:40:04,040 --> 00:40:08,299
that an institution whose highest aim is
the rehabilitation of men could
689
00:40:08,300 --> 00:40:13,739
actually be subjecting some of those
same men to conditions that drive them
690
00:40:13,740 --> 00:40:14,790
insane.
691
00:40:16,480 --> 00:40:20,859
What's even more horrifying is the
thought that those conditions may be
692
00:40:20,860 --> 00:40:26,520
necessary to save lives and to allow
that institution to survive.
693
00:40:28,170 --> 00:40:32,389
From the evidence presented, it's quite
clear to me that many of the inmates at
694
00:40:32,390 --> 00:40:37,589
China Lake are psychologically being
harmed by the prison. It's equally clear
695
00:40:37,590 --> 00:40:41,090
that the prison system has legitimate
security needs.
696
00:40:41,470 --> 00:40:46,729
And to meet those needs, it may be
necessary to place Tom Padret and men
697
00:40:46,730 --> 00:40:47,780
him in isolation.
698
00:40:48,110 --> 00:40:52,469
There's nothing in our Constitution that
prohibits a special unit for the
699
00:40:52,470 --> 00:40:54,690
dangerous, incorrigible offender.
700
00:40:54,950 --> 00:40:57,330
Therefore, I deny the plaintiff's
petition.
701
00:40:58,100 --> 00:40:59,540
Find a favor of the defendant.
702
00:40:59,820 --> 00:41:01,020
This court's adjourned.
703
00:41:06,920 --> 00:41:07,970
Tom, what appeal?
704
00:41:09,800 --> 00:41:11,120
I don't think so, Jonathan.
705
00:41:11,760 --> 00:41:16,240
Just give me a minute, please. Tom, Tom,
it's not costing you anything.
706
00:41:16,241 --> 00:41:19,079
You're in prison. Let me just work on
the appeal.
707
00:41:19,080 --> 00:41:23,679
By the time you're ready to go back into
court again, I'll be as crazy as arrest
708
00:41:23,680 --> 00:41:24,730
him.
709
00:41:38,821 --> 00:41:41,359
Hold the elevator, please.
710
00:41:41,360 --> 00:41:42,410
Yeah.
711
00:41:50,140 --> 00:41:56,320
What are you doing?
712
00:41:57,080 --> 00:41:58,280
We want to say something.
713
00:41:59,660 --> 00:42:02,550
This isn't the way to do that. This is
the way we're doing it.
714
00:42:02,551 --> 00:42:08,409
Okay, what do you want to say? We want
you to hear from us the kind of man you
715
00:42:08,410 --> 00:42:11,049
represent. I don't make any apologies
for the kind of man you are. He killed
716
00:42:11,050 --> 00:42:15,630
father in front of me. He killed my
sister because he wanted her car.
717
00:42:16,030 --> 00:42:19,330
If you appeal this case, we'll be right
there in the courtroom.
718
00:42:19,331 --> 00:42:21,589
Whether we're allowed to testify or not.
719
00:42:21,590 --> 00:42:27,349
Any attempt to restore to this man any
freedom at all, we'll be there and we'll
720
00:42:27,350 --> 00:42:28,400
bear witness.
721
00:42:39,340 --> 00:42:42,830
It shouldn't take very long. We just
need to put the two candidates to a
722
00:42:42,831 --> 00:42:45,239
Before we do that, I'd like to say
something.
723
00:42:45,240 --> 00:42:49,400
By all means. I think Ines Garcia would
make a great addition to this firm.
724
00:42:50,060 --> 00:42:53,730
She's smart, she's principled, she's got
all kinds of trial experience.
725
00:42:54,000 --> 00:42:57,670
Plus, I've known her since she was a
kid, and I can vouch for her character.
726
00:42:58,380 --> 00:43:03,879
That said, I would urge you, whether or
not you vote to hire Ines, not to hire
727
00:43:03,880 --> 00:43:07,079
Patrick Flanagan. Because of what he did
to you. Because what he did to me is
728
00:43:07,080 --> 00:43:08,400
indicative of what he does.
729
00:43:08,630 --> 00:43:10,430
I'm not sure that's altogether fair.
730
00:43:10,650 --> 00:43:11,790
Check his track record.
731
00:43:11,810 --> 00:43:16,029
Plagiarism in law school, fabricating
evidence in one case, suborning perjury
732
00:43:16,030 --> 00:43:19,629
another. He would argue that there are
legitimate explanations for these
733
00:43:19,630 --> 00:43:22,749
Of course he would. Guys like that
always do. Doesn't change the fact that
734
00:43:22,750 --> 00:43:26,449
has been a pattern of treachery to his
entire life. Since I have known this
735
00:43:26,450 --> 00:43:30,530
young man for his entire life, let me
weigh in with what I think.
736
00:43:30,750 --> 00:43:35,909
Patrick did plagiarize a law review
article. He was young, he had problems,
737
00:43:35,910 --> 00:43:36,960
he did it.
738
00:43:37,100 --> 00:43:39,180
He also paid for having done it.
739
00:43:39,580 --> 00:43:41,440
He was suspended from the university.
740
00:43:42,060 --> 00:43:47,500
He took off a year, and he came back and
graduated in the top 10 % of his class.
741
00:43:47,820 --> 00:43:48,960
What about since then?
742
00:43:49,040 --> 00:43:50,180
What about since then?
743
00:43:51,020 --> 00:43:53,490
None of us can prove that he fabricated
evidence.
744
00:43:54,300 --> 00:43:57,980
And we can't prove, none of us can prove
that he's suborned perjury.
745
00:43:58,320 --> 00:44:01,979
Well, to exclude him on the basis of any
of these charges strikes me as
746
00:44:01,980 --> 00:44:03,100
manifestly unfair.
747
00:44:03,460 --> 00:44:05,040
We can only hire one of them.
748
00:44:05,280 --> 00:44:08,660
Oh, we can definitely only hire one.
Let's put it to a vote.
749
00:44:09,520 --> 00:44:10,570
Inez Garcia.
750
00:44:11,380 --> 00:44:12,430
Yes.
751
00:44:12,720 --> 00:44:13,770
I vote yes.
752
00:44:13,840 --> 00:44:17,480
I also have Jonathan Rollins' proxy. He
votes yes as well. I vote no.
753
00:44:17,481 --> 00:44:19,039
Also no.
754
00:44:19,040 --> 00:44:20,090
Also no.
755
00:44:21,580 --> 00:44:22,630
No.
756
00:44:24,840 --> 00:44:28,450
I don't feel comfortable voting on this.
I haven't been here long enough.
757
00:44:29,540 --> 00:44:30,590
I abstain.
758
00:44:31,320 --> 00:44:32,370
Four to three.
759
00:44:32,540 --> 00:44:33,590
Against.
760
00:44:34,150 --> 00:44:35,200
Patrick Flanagan.
761
00:44:35,270 --> 00:44:36,320
I vote yes.
762
00:44:36,570 --> 00:44:38,390
Yes. Also yes.
763
00:44:38,710 --> 00:44:39,760
Also yes.
764
00:44:40,450 --> 00:44:43,040
You're going to abstain this time too,
right, Eli?
765
00:44:43,790 --> 00:44:47,010
Right. You're going to fall in line
behind Leland McKenzie.
766
00:44:47,230 --> 00:44:51,050
Well, he is owed a certain amount of
deference, Daniel. He's not owed this.
767
00:44:51,350 --> 00:44:55,409
The vote's been taken. Should an
opportunity arise again, I suggest we do
768
00:44:55,410 --> 00:44:58,209
after Inez. As far as I'm concerned,
there won't be a next time.
769
00:44:58,210 --> 00:45:00,069
What does that mean? That means I quit.
770
00:45:00,070 --> 00:45:01,870
Oh, come on, Daniel. Save your breath.
771
00:45:03,221 --> 00:45:09,459
I don't want to work for a firm that
does what this firm just did.
772
00:45:09,460 --> 00:45:14,010
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