All language subtitles for L.A. Law - S07E20 - Testing, Testing, 1.2.3.4
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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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00:00:07,410 --> 00:00:10,390
Would you tell us what that examination
revealed?
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00:00:10,750 --> 00:00:14,390
Mr. Hicks was suffering from multiple
contusions about the head and the face.
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00:00:14,550 --> 00:00:18,590
Both his neck and his right arm were
strained. What about the blood pressure,
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00:00:18,710 --> 00:00:22,890
Mr. Hicks? Did you observe anything
else, Doctor? His blood pressure was
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00:00:22,890 --> 00:00:23,890
somewhat elevated.
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00:00:24,070 --> 00:00:26,170
And to what did Mr. Hicks attribute his
injuries?
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00:00:26,490 --> 00:00:28,890
He said that he was beaten up by Val
Bodine.
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00:00:29,240 --> 00:00:30,660
Did he tell you how this attack
occurred?
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00:00:30,920 --> 00:00:35,620
He said that Mr. Bodine charged into the
stands and attacked him. What, if any,
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00:00:35,740 --> 00:00:38,200
were the short -term consequences of Mr.
Hicks' injuries?
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00:00:38,760 --> 00:00:42,860
Stiffness, soreness. I believe that he
was out of work for about a week.
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00:00:43,180 --> 00:00:44,980
How about two weeks, Mr. Hicks?
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00:00:45,460 --> 00:00:50,140
What, if any, were the likely long -term
consequences of Mr. Hicks' injuries?
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00:00:50,460 --> 00:00:52,620
Some residual soreness is possible.
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00:00:53,540 --> 00:00:55,860
Sleeplessness, nervousness, a loss of
attention.
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00:00:56,680 --> 00:00:59,560
Any and all of these things are possible
long -term effects.
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00:00:59,860 --> 00:01:01,140
Thank you. I have nothing further?
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00:01:01,720 --> 00:01:05,580
Nothing further? Come on. Guys get this
for $3 ,000, you got nothing further?
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00:01:05,940 --> 00:01:07,400
Mr. Hicks, sit down.
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You're taking money under false
pretenses.
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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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conduct himself. Hang on, Your Honor.
I'm not going to take lessons in
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from some guy who's selling me down the
river.
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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 famous
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baseball star than you are with...
providing me with adequate
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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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assure you that's not my intention. It
may not be your intention, but that is
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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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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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Mr. Rawlins is absolutely right.
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Mr. Hammond, I'm not going to allow you
to withdraw.
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00:01:53,580 --> 00:01:54,980
Your Honor, I cannot effectively...
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00:01:55,210 --> 00:01:58,270
I represent this man. Hey, Judge, how
about if I represent myself?
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00:01:58,650 --> 00:02:01,570
Mr. Hicks, do you have legal background
of any kind?
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00:02:01,810 --> 00:02:05,190
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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All right, Mr. Hicks. We'll adjourn for
now in order to give you an opportunity
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to prepare.
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00:02:12,770 --> 00:02:17,890
Thank you, Your Honor. We'll resume
Wednesday morning at 10 a .m., and
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00:02:17,890 --> 00:02:19,090
prepared to proceed.
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00:02:19,330 --> 00:02:20,330
Don't worry, Judge.
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I'll be ready.
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Hey, Mr. Rollins.
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Now we got us a game!
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Bye.
55
00:04:46,410 --> 00:04:47,410
Hey, Gwen.
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00:04:47,910 --> 00:04:49,870
How's everything going with the bar
exam, Gwen?
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00:04:50,190 --> 00:04:53,190
Oh, it's okay. I'm taking this review
course with this guy, Tony Henderson.
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00:04:53,770 --> 00:04:58,850
I go to class every day, and I study
every night. I can attest to that. Are
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00:04:58,850 --> 00:05:00,570
taking enough time off from work?
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00:05:00,790 --> 00:05:01,950
Yeah, I am.
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00:05:02,250 --> 00:05:05,110
Plus, as the test gets closer, I'll be
paying back more.
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00:05:05,430 --> 00:05:09,370
Plus, most of the time that I'm here,
all I'm doing is studying. Good. Don't
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00:05:09,370 --> 00:05:12,970
shy about asking for help. Thanks. Shall
we? By all means.
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00:05:14,620 --> 00:05:19,000
Hicks versus Bodine. That's me. We are
representing Val Bodine. The ball
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The ball player.
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00:05:20,040 --> 00:05:22,500
A guy named Hicks had been heckling him
for an entire season.
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00:05:23,360 --> 00:05:26,340
Bodine went into the stands and
committed battery upon his person.
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00:05:26,560 --> 00:05:28,820
The team offered Hicks $100 ,000 to
settle.
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00:05:29,040 --> 00:05:29,939
Hicks refused.
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He wanted his day in court. He hired and
fired five different lawyers, and now
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he's representing himself.
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Temporary insanity.
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No. Self -defense.
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No, all he did was yell. Plead
provocation to try to mitigate the
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That's what I'm doing.
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00:05:42,080 --> 00:05:43,080
And make sure we get some tickets.
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00:05:43,890 --> 00:05:46,230
Done. Salter versus Sunny Hill School.
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That's mine. We represent Ben Salter.
He's a second grade teacher who was
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accused of sexually molesting a student.
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A male second grade teacher? What kind
of guy teaches second grade?
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00:05:55,630 --> 00:05:58,550
We're not representing child molesters,
are we, Anne? I said he was accused,
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Douglas. The charges were dropped.
What's he suing for?
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The school asked that he take something
called a penile plethysmograph before
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they reinstate him.
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00:06:06,940 --> 00:06:10,840
I don't like the sound of that. What is
it? It's a machine that attaches a wire
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to the male organ and measures sexual
arousal. Sounds like a clockwork orange.
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00:06:16,540 --> 00:06:20,200
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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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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They attach a wire?
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00:06:30,700 --> 00:06:35,700
I keep telling myself, Gwen, there are
over 100 ,000 lawyers in the state of
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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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I don't know how I'm going to do.
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Oh, you got work to do.
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A little, yeah.
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Okay. You're going to pass the test,
Gwen.
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00:06:52,740 --> 00:06:54,400
You've been pretty distant lately, you
know that?
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00:06:56,540 --> 00:06:59,880
Nothing. It's not nothing, Daniel. It's
something. Tell me what it is.
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00:07:01,920 --> 00:07:03,160
I'm worried about my kid.
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00:07:04,920 --> 00:07:07,940
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 --> 00:07:17,460
And I don't fit that description.
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I'm not sure you want to fit that
description.
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00:07:23,600 --> 00:07:25,660
I can't discuss this right now. I've got
to study.
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Okay.
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I'll talk to you later.
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What are the exceptions?
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Unavailability of the declarant,
previous testimony, statement against
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dying declaration, pedigree.
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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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00:07:50,480 --> 00:07:53,520
I'm seeing the look of panic on a number
of faces.
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Panic isn't helpful.
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Put down your pens.
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There's a tremendous amount of
information you're going to have to
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00:08:00,600 --> 00:08:03,000
between now and the day of the bar exam.
You need to be organized.
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00:08:03,220 --> 00:08:05,880
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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00:08:10,120 --> 00:08:13,560
Hey, you, stop writing. Just listen.
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There are going to be questions on the
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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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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Have great sex.
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Get a good night's sleep. I'll see you
tomorrow night.
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00:08:36,620 --> 00:08:41,340
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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one.
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00:08:46,400 --> 00:08:47,400
You want to get a beer?
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00:08:47,540 --> 00:08:49,120
Get a beer? Do I have to study?
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I've studied enough for one day. Why is
it I can never feel that way? All you
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00:08:53,080 --> 00:08:55,760
have to do is understand what they're
looking for and give it to them.
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It's a test. It's no big deal.
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00:09:08,030 --> 00:09:11,050
I taught second grade at Sunny Hill
School for six years.
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00:09:11,290 --> 00:09:13,410
What reason was given for your
dismissal?
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I refused to take a penile
plethysmograph test.
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00:09:17,790 --> 00:09:20,110
What is a penile plethysmograph test?
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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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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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No.
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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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What position did the administration at
Sunny Hills School take regarding your
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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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00:10:02,120 --> 00:10:05,600
were some lingering doubts among some of
the parents, and they asked me if I
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would help put those doubts to rest.
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How did they suggest you do that?
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00:10:09,100 --> 00:10:11,100
First, they asked me to take a lie
detector test.
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Did you agree to do so?
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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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Did you agree to do that?
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00:10:23,870 --> 00:10:26,750
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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Did that suffice for the administration
of Sunny Hill School?
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No. They then asked that I take a
penoplythismograph test, and when I
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was dismissed.
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Why did you refuse?
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Because enough is enough.
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At some point, I had to reclaim a little
bit of dignity.
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That's what I did, and that's what I was
fired for.
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Thank you. I have nothing further.
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Do you have children of your own, Mr.
Salter? No, I do not. Well, if you did,
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how would you feel about them being
placed in the care of a pedophile?
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00:11:01,980 --> 00:11:03,600
I am not a pedophile.
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No, no. No, I'm not saying that you are.
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I'm asking you, how would you feel about
your own child, assuming that you had
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one, being taken care of by a pedophile?
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00:11:13,320 --> 00:11:16,540
I would not allow my child to be taken
care of by a pedophile. Well, then my
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question to you, sir, is simply this.
Shouldn't a school do everything it can
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stop that from happening?
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Not this.
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Why not this?
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Because I'm not a laboratory rat. That's
why not.
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I'm a human being. You're a human being
that was accused of being a pedophile.
191
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Those charges were dropped. That's
right. They were dropped.
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They were never disproved. They were
dropped. Objection. I thought you were
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innocent until proven guilty in this
country. I thought charges had to be
194
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proved, not disproved. I'm curious about
something. You...
195
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Agreed to a lie detector test. You
agreed to a psychological profile. Why
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you not agree to the placismograph test?
Because I wouldn't strip naked and have
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wires attached to my genitals.
198
00:11:55,330 --> 00:11:59,250
because I felt that it was my right as a
citizen of this country not to be
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00:11:59,250 --> 00:12:02,390
forced to do that? It wouldn't be
because you were afraid of what might
200
00:12:02,470 --> 00:12:05,710
would it? No. It wouldn't be because you
were afraid that when photographs of
201
00:12:05,710 --> 00:12:09,450
naked young boys were put in front of
you, that your genitals would betray
202
00:12:09,550 --> 00:12:11,250
Objection. He's already answered the
question.
203
00:12:11,550 --> 00:12:14,470
Wouldn't it be that the penis doesn't
lie? Your Honor. Mr. Colquitt, you will
204
00:12:14,470 --> 00:12:16,190
stop badgering this witness.
205
00:12:17,730 --> 00:12:22,740
Sir. I have never molested a child in my
life. I have never wanted to molest a
206
00:12:22,740 --> 00:12:27,300
child. Now, unless and until somebody
proves that I'm lying, I don't want to
207
00:12:27,300 --> 00:12:28,300
take any more tests.
208
00:12:28,620 --> 00:12:33,900
I want my job back, I want my name back,
and I want to be left alone.
209
00:12:41,640 --> 00:12:45,860
Question. Where were you on the
afternoon of September 15, 1992?
210
00:12:46,740 --> 00:12:49,420
Answer. I was in the ballpark sitting in
my seat.
211
00:12:50,620 --> 00:12:52,800
Question. What were you doing there?
212
00:12:53,200 --> 00:12:55,280
Answer. I was watching a ball game.
213
00:12:55,540 --> 00:12:58,980
Mr. Hicks, it's really not necessary to
keep saying question and answer.
214
00:12:59,140 --> 00:13:00,140
Whatever you want, Judge.
215
00:13:01,060 --> 00:13:02,060
What was Mr.
216
00:13:02,100 --> 00:13:03,500
Bodine doing that day?
217
00:13:04,080 --> 00:13:05,460
He was playing left field.
218
00:13:06,460 --> 00:13:08,260
Did you say anything to him?
219
00:13:08,540 --> 00:13:10,560
Oh, yes, I did. What did I say?
220
00:13:11,290 --> 00:13:12,490
I said a lot of things.
221
00:13:13,030 --> 00:13:17,650
I commented on his fielding, such as it
is. He'd throw rainbows. He never
222
00:13:17,650 --> 00:13:21,830
figured it out. The shortest distance
between two points is a straight line.
223
00:13:22,210 --> 00:13:26,570
I commented on his propensity to swing
at bad pitches, to strike out in clutch
224
00:13:26,570 --> 00:13:31,110
situations. Objection, Your Honor. Sit
down. Mr. Hicks, I'll run the courtroom
225
00:13:31,110 --> 00:13:32,110
if you don't mind.
226
00:13:33,170 --> 00:13:35,290
And the objection is sustained. Mr.
227
00:13:35,510 --> 00:13:38,410
Bodine's performance isn't relevant to
these proceedings.
228
00:13:41,000 --> 00:13:42,280
Did you use profanity?
229
00:13:42,740 --> 00:13:44,020
No, I did not.
230
00:13:44,260 --> 00:13:46,100
I make it a point not to.
231
00:13:46,680 --> 00:13:51,240
What did Val Bodine do upon hearing my
remark, Mr. Hicks?
232
00:13:51,480 --> 00:13:54,580
Around the fifth inning, he comes
charging up into the stands and assaults
233
00:13:54,800 --> 00:13:55,800
Did I fight back?
234
00:13:55,960 --> 00:14:01,340
No, I did not. Why did you not fight
back, Mr. Hicks? I was overmatched in
235
00:14:01,340 --> 00:14:02,340
and strength.
236
00:14:02,430 --> 00:14:04,350
What injuries did you sustain?
237
00:14:04,890 --> 00:14:07,950
Both eyes swollen, shot a head that
looked like a pumpkin?
238
00:14:08,230 --> 00:14:11,370
In that, I'm a shoe salesman. I deal
with the public. I was unable to work
239
00:14:11,370 --> 00:14:12,370
some two weeks.
240
00:14:12,870 --> 00:14:18,070
I was also left a little frightened,
shaken up, given the fact that my 11
241
00:14:18,070 --> 00:14:21,590
-old son had just returned from buying a
hot dog. It's hard to see his father
242
00:14:21,590 --> 00:14:24,550
beaten up. I felt deeply humiliated.
243
00:14:28,210 --> 00:14:30,830
Well, I have no further questions.
244
00:14:33,260 --> 00:14:37,360
How many games had you attended in the
1992 season by September the 15th, Mr.
245
00:14:37,460 --> 00:14:39,340
Hicks? Every time there was a home game,
I was there.
246
00:14:39,760 --> 00:14:43,480
Isn't it a fact, sir, that at each and
every one of those games, you made
247
00:14:43,480 --> 00:14:45,560
continuous denigrating remarks to Mr.
248
00:14:45,820 --> 00:14:49,380
Bodine? I got something on my mind, I
say it. You're allowed to do that in the
249
00:14:49,380 --> 00:14:51,220
.S. of A. You made remarks about his
fielding.
250
00:14:51,470 --> 00:14:54,350
You made remarks about it hitting. I'm a
student of the game. My observations
251
00:14:54,350 --> 00:14:57,150
happen to have some merit. But your
observations weren't limited to the
252
00:14:57,210 --> 00:15:00,470
were they? In what way weren't they? Did
you make remarks about the failure of a
253
00:15:00,470 --> 00:15:03,590
restaurant that Mr. Bodine had invested
in? It was in all the papers. That's not
254
00:15:03,590 --> 00:15:05,110
like I'm giving away any state secrets.
255
00:15:05,430 --> 00:15:09,130
You also saw fit to harangue Mr. Bodine
about a paternity suit he was involved
256
00:15:09,130 --> 00:15:12,770
in, didn't you? That paternity suit took
40 points off his batting average.
257
00:15:13,030 --> 00:15:16,630
You were somewhat fixated by Val Bodine,
weren't you, Mr. Hicks? I was paying
258
00:15:16,630 --> 00:15:18,970
attention. Isn't what you did a little
more than that, sir?
259
00:15:19,390 --> 00:15:23,270
Isn't what you did to have kept up a
nonstop barrage of verbal abuse,
260
00:15:23,270 --> 00:15:27,350
and baiting this man until on September
15th you finally provoked him into
261
00:15:27,350 --> 00:15:28,269
making a response?
262
00:15:28,270 --> 00:15:30,210
He's wasting his God -given talent.
263
00:15:30,670 --> 00:15:35,050
That's a sin by me. Look, I followed
this guy's career going back to the day
264
00:15:35,050 --> 00:15:39,570
they brought him up from the minors. I
tell the whole world, this guy's it.
265
00:15:40,290 --> 00:15:43,670
This guy, he's the difference between
having and hoping.
266
00:15:43,910 --> 00:15:46,250
I stood by him because I saw something
in him.
267
00:15:46,750 --> 00:15:47,950
My kid liked him.
268
00:15:48,360 --> 00:15:51,540
I liked him. We picked him as our guy.
269
00:15:51,940 --> 00:15:54,320
And when he didn't live up to that, you
let him know.
270
00:15:54,540 --> 00:15:58,220
This lucky bastard makes more money
playing nine innings of baseball than I
271
00:15:58,220 --> 00:16:01,120
selling shoes for six months. You bet I
told him.
272
00:16:04,060 --> 00:16:05,160
I don't know further questions.
273
00:16:11,660 --> 00:16:13,860
Doctor, would you tell us your field of
expertise?
274
00:16:14,220 --> 00:16:17,880
I'm a psychiatrist specializing in the
treatment of sexual disorders.
275
00:16:18,320 --> 00:16:22,080
Did you have occasion to interview the
plaintiff? Yes, I did. Would you tell us
276
00:16:22,080 --> 00:16:25,200
what, if any, conclusions you reached
regarding his sexual orientation?
277
00:16:25,700 --> 00:16:26,699
I found Mr.
278
00:16:26,700 --> 00:16:31,040
Salter to be both heterosexual and age
-appropriate in his social and sexual
279
00:16:31,040 --> 00:16:33,780
development. Doctor, are you familiar
with this machine?
280
00:16:34,100 --> 00:16:36,700
Yes, I am. Would you tell us what it is
and what it does?
281
00:16:37,120 --> 00:16:38,900
It's a penile plasmograph.
282
00:16:39,440 --> 00:16:44,100
It measures the degree of arousal a man
undergoes when presented with various
283
00:16:44,100 --> 00:16:46,800
stimuli, both visual and auditory.
284
00:16:47,120 --> 00:16:51,600
It operates by the use of a strain gauge
placed around the shaft of the penis.
285
00:16:51,900 --> 00:16:56,120
In your opinion, doctor, was its use on
this man indicated?
286
00:16:56,460 --> 00:16:59,520
It most decidedly was not indicated.
287
00:16:59,960 --> 00:17:04,619
And why do you say that? Because far
less intrusive and, in my opinion, far
288
00:17:04,619 --> 00:17:09,440
reliable diagnostic techniques told you
all you needed to know about this man.
289
00:17:09,599 --> 00:17:12,500
Simply put, he is not a pedophile.
290
00:17:12,990 --> 00:17:16,770
Doctor, in your opinion, does Ben Salter
represent a threat to the children who
291
00:17:16,770 --> 00:17:17,770
are placed in his care?
292
00:17:17,990 --> 00:17:20,730
Absolutely not. Thank you. I have
nothing further.
293
00:17:24,890 --> 00:17:29,410
Tell us, Doctor, is there ever an
occasion when a penile plethysmograph
294
00:17:29,410 --> 00:17:33,650
indicated? If you're trying to determine
an appropriate treatment modality, if
295
00:17:33,650 --> 00:17:35,650
you're designing some sort of aversion
therapy.
296
00:17:36,280 --> 00:17:40,200
or if the results of other diagnostic
techniques are inconclusive.
297
00:17:40,420 --> 00:17:44,100
But the results of your diagnostic
techniques were conclusive.
298
00:17:44,320 --> 00:17:45,199
That's right.
299
00:17:45,200 --> 00:17:49,460
Doctor, you administered various
psychological tests to Ben Salter, did
300
00:17:49,660 --> 00:17:54,120
Yes, I did. And these tests were
voluntary, were they not, Doctor? You
301
00:17:54,120 --> 00:17:56,600
question, he thought about it, and he
gave you an answer.
302
00:17:56,860 --> 00:18:02,020
That's right. The penile plethysmograph
test measures an involuntary response,
303
00:18:02,260 --> 00:18:03,079
doesn't it, Doctor?
304
00:18:03,080 --> 00:18:05,220
Yes. So when the school's clinician...
305
00:18:05,680 --> 00:18:09,120
Got to the only test that Ben Salter
couldn't fake, and he backs off.
306
00:18:09,820 --> 00:18:14,300
Doesn't that raise the tiniest question
in your mind about how conclusive your
307
00:18:14,300 --> 00:18:15,300
diagnosis is?
308
00:18:15,560 --> 00:18:19,680
He stated his reasons, and I agree with
him. Is it possible that Ben Salter
309
00:18:19,680 --> 00:18:20,680
could have fooled you, Doctor?
310
00:18:20,880 --> 00:18:23,900
I've been practicing for a long time,
Mr. Colquitt.
311
00:18:24,580 --> 00:18:25,580
It's not likely.
312
00:18:25,940 --> 00:18:28,400
I asked you whether or not it were
possible.
313
00:18:31,940 --> 00:18:33,020
Anything's possible.
314
00:18:34,960 --> 00:18:36,020
That's what we're afraid of.
315
00:18:36,440 --> 00:18:38,320
I have nothing further, doctor. Thank
you.
316
00:18:41,460 --> 00:18:42,460
Hey, Gwen.
317
00:18:43,100 --> 00:18:44,160
How's the bar review going?
318
00:18:44,620 --> 00:18:45,620
Fine.
319
00:18:45,880 --> 00:18:46,880
Handling the pressure?
320
00:18:49,460 --> 00:18:51,700
Hey, you all right?
321
00:18:53,460 --> 00:18:55,360
Every minute I'm awake, all I want to do
is sleep.
322
00:18:55,850 --> 00:18:59,110
Every minute I try and sleep, I lie in
bed, my eyes wide open, trying the hell
323
00:18:59,110 --> 00:19:04,290
to understand collateral estoppel or
prior restraint or the rule against
324
00:19:04,290 --> 00:19:06,990
perpetuities. Do you understand the rule
against perpetuities?
325
00:19:07,230 --> 00:19:08,450
No. Oh, great.
326
00:19:09,050 --> 00:19:10,050
Nobody does.
327
00:19:10,090 --> 00:19:12,270
How does anybody pass the bar exam?
328
00:19:12,570 --> 00:19:15,050
Quinn, you can't get hung up on what you
don't know. You don't have to know
329
00:19:15,050 --> 00:19:16,050
everything. Right.
330
00:19:16,270 --> 00:19:17,310
Just enough to pass.
331
00:19:18,230 --> 00:19:19,230
That's right.
332
00:19:20,230 --> 00:19:23,590
I don't know, Arnie. Why did I ever
think I could be a lawyer? What kind of
333
00:19:23,590 --> 00:19:24,590
bright idea was that?
334
00:19:24,810 --> 00:19:29,270
Hey. Come on. I mean, no, really. Did my
parents want me to be a lawyer? No.
335
00:19:29,870 --> 00:19:32,970
Did I grow up watching To Kill a
Mockingbird and thrill to the knowledge
336
00:19:32,970 --> 00:19:34,350
could be the next Atticus Finch?
337
00:19:34,930 --> 00:19:38,970
No. I don't even remember deciding I
wanted to go to law school. I don't
338
00:19:38,970 --> 00:19:39,769
remember that.
339
00:19:39,770 --> 00:19:41,050
What's the worst thing that can happen?
340
00:19:41,410 --> 00:19:42,329
You fail.
341
00:19:42,330 --> 00:19:43,269
So what?
342
00:19:43,270 --> 00:19:46,630
I failed the first time I took the exam.
You can take it as many times as you
343
00:19:46,630 --> 00:19:47,630
want.
344
00:19:48,070 --> 00:19:51,290
I don't think I could survive going
through this one more time.
345
00:19:55,590 --> 00:19:59,030
What was your reaction when you first
heard that Ben Salter was accused of
346
00:19:59,030 --> 00:20:00,470
sexually molesting a child?
347
00:20:01,050 --> 00:20:02,050
Shock.
348
00:20:02,410 --> 00:20:03,470
Complete and utter shock.
349
00:20:04,630 --> 00:20:06,970
This, after all, was someone I
considered a friend.
350
00:20:07,270 --> 00:20:08,209
What did you do?
351
00:20:08,210 --> 00:20:11,710
Pending the resolution of the criminal
charges, I suspended him. When the
352
00:20:11,710 --> 00:20:14,930
charges were dropped, I called him into
my office to map out a plan for his
353
00:20:14,930 --> 00:20:16,790
reinstatement. Why did you need a plan?
354
00:20:17,230 --> 00:20:19,130
Why didn't you just reinstate him?
355
00:20:19,770 --> 00:20:22,810
There was a lot of concern on the part
of the parents.
356
00:20:23,110 --> 00:20:24,029
That's why.
357
00:20:24,030 --> 00:20:25,750
How did you seek to address that
concern?
358
00:20:26,110 --> 00:20:29,750
By conducting our own investigation of
Ben, and then by being able to go to the
359
00:20:29,750 --> 00:20:31,610
parents and say he got a clean bill of
health.
360
00:20:31,910 --> 00:20:35,990
And did Mr. Salter indicate to you that
he was willing to cooperate with such an
361
00:20:35,990 --> 00:20:37,630
examination? Yes, he did.
362
00:20:37,870 --> 00:20:39,150
And did he in fact do so?
363
00:20:39,410 --> 00:20:40,730
Up to a point, he did.
364
00:20:41,070 --> 00:20:44,590
When it came time to use the
plethysmograph, he refused.
365
00:20:45,470 --> 00:20:47,550
I had no choice but to fire him.
366
00:20:49,290 --> 00:20:51,570
Would you tell the court why you felt
that to be the case?
367
00:20:52,010 --> 00:20:56,030
The question had been raised as to the
advisability of letting Ben be around
368
00:20:56,030 --> 00:21:00,150
children. That question had to be
settled, and it had to be settled by
369
00:21:00,370 --> 00:21:01,470
I have no further questions.
370
00:21:02,410 --> 00:21:05,850
I assume you were relieved when the
charges were dropped, were you not?
371
00:21:06,610 --> 00:21:07,589
Profoundly relieved.
372
00:21:07,590 --> 00:21:10,530
You just had the problem of those
parents to deal with.
373
00:21:11,030 --> 00:21:14,990
That's right. Had any of the parents
actually communicated their concern over
374
00:21:14,990 --> 00:21:18,470
Mr. Salter's reinstatement? If I had
reinstated him, I would have heard from
375
00:21:18,470 --> 00:21:20,030
them. Believe me.
376
00:21:20,650 --> 00:21:24,590
These people pay $7 ,000 a year to put
their kids in our school.
377
00:21:24,790 --> 00:21:27,830
And you figure that entitled them to
have a wire hooked up to this man's
378
00:21:27,830 --> 00:21:28,830
genitals, right?
379
00:21:28,990 --> 00:21:33,410
Objection. Sustained. What other
requirements would you be willing to
380
00:21:33,410 --> 00:21:34,410
your faculty?
381
00:21:34,600 --> 00:21:36,080
in an effort to please the parents.
382
00:21:36,340 --> 00:21:37,340
I don't know what you mean.
383
00:21:37,520 --> 00:21:39,880
What if there were a teacher that
someone suspected of being gay?
384
00:21:40,120 --> 00:21:43,700
Being gay isn't a crime. What crime did
Ben Salter commit?
385
00:21:44,000 --> 00:21:45,840
He was accused of molesting a child.
386
00:21:46,040 --> 00:21:48,300
What crime did he commit?
387
00:21:48,640 --> 00:21:52,200
So far as we know, he didn't commit any
crime. Then why were you treating him
388
00:21:52,200 --> 00:21:53,019
like a criminal?
389
00:21:53,020 --> 00:21:57,700
I was doing my job as headmaster by
protecting our students and the school
390
00:21:57,700 --> 00:21:58,700
which I was employed.
391
00:21:58,780 --> 00:22:03,500
What were you protecting the school
from, Mr. Hollis? From the possibility
392
00:22:03,500 --> 00:22:08,020
being sued. in case Ben Salter did
commit a crime, in case he wasn't age
393
00:22:08,020 --> 00:22:10,120
appropriate in his sexual orientation.
394
00:22:10,730 --> 00:22:14,310
In other words, this was a legal
strategy, wasn't it? You were preparing
395
00:22:14,310 --> 00:22:17,530
lawsuit, and you wanted to be able to
say, if anything happened, that it was
396
00:22:17,530 --> 00:22:19,110
machine's fault and not yours.
397
00:22:19,350 --> 00:22:22,830
I think that way because I have to think
that way. Because lawyers like you make
398
00:22:22,830 --> 00:22:27,090
me think that way. You had a prosecutor
dismiss the charges against this man.
399
00:22:27,190 --> 00:22:31,470
You had a lie detector test and a
psychiatric evaluation. Both conclude
400
00:22:31,470 --> 00:22:32,570
was not a pedophile.
401
00:22:32,870 --> 00:22:35,950
And still, that wasn't enough for you.
No, it wasn't.
402
00:22:36,370 --> 00:22:38,530
And it wouldn't have been enough for
anyone in my position.
403
00:22:39,160 --> 00:22:41,080
Most schools would have dropped him on
his head.
404
00:22:41,400 --> 00:22:45,680
I'm bending over backwards to give him
back his job. I'm spending a fortune to
405
00:22:45,680 --> 00:22:49,900
employ state -of -the -art technology,
and he wants to pick and choose what he
406
00:22:49,900 --> 00:22:50,980
will and will not do?
407
00:22:51,700 --> 00:22:54,660
He's lucky. I'm willing to strap him up
to that machine.
408
00:22:56,480 --> 00:22:58,860
Thank you, Mr. Hollis. I have no further
questions.
409
00:23:20,520 --> 00:23:23,820
Describe for us, if you will, Mr.
Bodine, the first time you noticed Ed
410
00:23:23,980 --> 00:23:26,820
It was the opening day of the 1992
season.
411
00:23:27,160 --> 00:23:30,460
He was yelling at me for the mistakes he
said I made back in 1991.
412
00:23:30,920 --> 00:23:32,360
I was supposed to pretend they didn't
happen?
413
00:23:32,580 --> 00:23:33,860
Mr. Hicks. Yeah.
414
00:23:34,540 --> 00:23:37,560
How was it that you were able to tell
from whom those remarks were coming?
415
00:23:37,880 --> 00:23:38,879
How could I tell?
416
00:23:38,880 --> 00:23:41,300
Yeah. When other people sat down, he
stood up.
417
00:23:42,380 --> 00:23:44,700
When other people got quiet, he got
loud.
418
00:23:45,000 --> 00:23:46,680
When other people got loud, he got
louder.
419
00:23:47,340 --> 00:23:50,680
He couldn't help but notice this guy.
And did his behavior continue in a
420
00:23:50,680 --> 00:23:53,320
fashion beyond opening day? Yeah, how
about all season long?
421
00:23:53,540 --> 00:23:57,740
What was it that caused you to go into
the stand and physically assault Ed
422
00:23:57,740 --> 00:24:01,160
Hicks? I just settled this paternity
suit, and it was painful.
423
00:24:01,840 --> 00:24:02,840
It was messy.
424
00:24:03,640 --> 00:24:07,280
And even though it was in the papers,
when he mentioned it, I went nuts. I had
425
00:24:07,280 --> 00:24:09,760
to listen to his voice for five and a
half months.
426
00:24:10,060 --> 00:24:14,740
Now, I'm sorry that it happened, but
hearing him talk about my personal
427
00:24:14,800 --> 00:24:16,980
On that particular day, it was more than
I could take.
428
00:24:17,300 --> 00:24:18,300
I have nothing further.
429
00:24:20,620 --> 00:24:22,400
How much money did you make last year,
Val?
430
00:24:22,760 --> 00:24:25,980
Objection. Irrelevant. Hey, Judge, is it
irrelevant to them?
431
00:24:26,600 --> 00:24:29,460
I'm going to allow it. Hey, way to go,
Judge.
432
00:24:30,360 --> 00:24:31,199
Excuse me.
433
00:24:31,200 --> 00:24:33,420
How much, Val? I made 2 .2 million.
434
00:24:33,680 --> 00:24:35,100
2 .2 million?
435
00:24:36,040 --> 00:24:39,440
How much is that per game, do you know?
436
00:24:39,640 --> 00:24:41,420
No, I don't know. Well, let's look it
up.
437
00:24:43,060 --> 00:24:45,780
162 games into 2 .2 million.
438
00:24:46,460 --> 00:24:47,460
That's... Whoa!
439
00:24:48,300 --> 00:24:51,860
It's a little more than $13 ,580.
440
00:24:52,560 --> 00:24:56,480
There are probably 150 other guys in
this league who make more money than I
441
00:24:56,560 --> 00:24:59,040
Really? It's probably 400 who had a
better season.
442
00:24:59,260 --> 00:25:02,140
I was hurt. You were hurt? So what were
you doing playing hurt?
443
00:25:02,400 --> 00:25:04,260
I mean, who were you helping? Objection,
Your Honor.
444
00:25:04,460 --> 00:25:08,220
Sustained. We're not here to discuss Mr.
Bodine's performance on the field, Mr.
445
00:25:08,300 --> 00:25:09,720
Hicks. Understood, Your Honor.
446
00:25:10,110 --> 00:25:13,110
Do you know you were called out on
strikes 24 times last year?
447
00:25:13,450 --> 00:25:16,890
Objection. Mr. Hicks. There were some
bad calls in there, Mr. Hicks. Let's not
448
00:25:16,890 --> 00:25:20,950
start crying about the ump now. Do me a
favor. Gentlemen, enough.
449
00:25:21,310 --> 00:25:24,050
If you want to argue the fine points of
baseball, do it on your own time.
450
00:25:29,710 --> 00:25:35,710
Why did you hit me, Val?
451
00:25:35,930 --> 00:25:39,010
I hit you because you wouldn't shut up.
Why'd you hit me in front of my kid?
452
00:25:40,470 --> 00:25:42,110
I'm sorry. I didn't see your kid.
453
00:25:43,730 --> 00:25:44,730
Let me ask you something.
454
00:25:46,210 --> 00:25:50,870
Do you ever listen to what I'm saying? I
can't help listening to it. You can't
455
00:25:50,870 --> 00:25:51,749
help hearing.
456
00:25:51,750 --> 00:25:54,650
What I'm asking is, do you ever listen?
Look it.
457
00:25:55,430 --> 00:25:57,290
I've got a manager. I've got coaches.
458
00:25:57,590 --> 00:25:58,590
I've got teammates.
459
00:25:58,830 --> 00:26:00,330
I've got people. I've got friends.
460
00:26:00,610 --> 00:26:03,270
I've got enough people to listen to who
actually know what they're talking
461
00:26:03,270 --> 00:26:04,910
about. I don't need to listen to you!
462
00:26:11,620 --> 00:26:15,340
My son came home from school, and right
away I knew something was wrong.
463
00:26:15,720 --> 00:26:16,720
How did you know?
464
00:26:17,660 --> 00:26:20,420
Well, because I'm his mother, mothers
know.
465
00:26:20,700 --> 00:26:22,620
What, if anything, did you do?
466
00:26:22,880 --> 00:26:26,540
I talked to him. It took a while, but he
finally told me what was wrong.
467
00:26:27,020 --> 00:26:31,520
He told me that his teacher, Ben Salter,
had molested him. Objection. Hearsay.
468
00:26:31,560 --> 00:26:35,560
This is being used to demonstrate the
state of mind of the witness, Your
469
00:26:35,740 --> 00:26:36,669
I'll allow it.
470
00:26:36,670 --> 00:26:39,750
Your Honor, I want the jury instructed
that this statement by the witness's
471
00:26:39,750 --> 00:26:43,110
child is being admitted solely to
demonstrate the witness's state of mind
472
00:26:43,110 --> 00:26:45,650
should not be taken as fact. The jury is
so advised.
473
00:26:47,010 --> 00:26:49,490
What, if anything, did you do?
474
00:26:50,410 --> 00:26:54,770
First, I called the police, and then I
called the school. And you continue to
475
00:26:54,770 --> 00:26:57,570
believe that your child was molested by
this man?
476
00:26:58,310 --> 00:27:02,740
Yes, I do. Despite the fact that the
district attorney's office... found
477
00:27:02,740 --> 00:27:06,820
to be insufficient evidence to proceed
to trial. District attorneys often find
478
00:27:06,820 --> 00:27:08,820
insufficient evidence to proceed to
trial.
479
00:27:09,180 --> 00:27:12,000
But that does not shake my conviction
one iota.
480
00:27:13,040 --> 00:27:14,540
I believe my child.
481
00:27:15,880 --> 00:27:16,900
I have nothing further.
482
00:27:19,240 --> 00:27:22,660
Had your son ever been sexually
assaulted prior to that day at school?
483
00:27:23,000 --> 00:27:26,220
Objection. Irrelevant. It's being
offered to demonstrate the witness's
484
00:27:26,220 --> 00:27:28,080
mind. I'll allow it. Had he?
485
00:27:28,940 --> 00:27:31,440
Yes. Who was it that molested him that
time?
486
00:27:31,950 --> 00:27:36,050
His father, my ex -husband. You first
accused your ex -husband of sexual
487
00:27:36,050 --> 00:27:38,930
molestation while the two of you were in
the middle of a divorce. Isn't that
488
00:27:38,930 --> 00:27:39,990
right? Yes, I did.
489
00:27:40,230 --> 00:27:42,910
That was one of the reasons he and I got
a divorce.
490
00:27:43,150 --> 00:27:46,790
Tell us, was he ever tried for the crime
of sexual molestation?
491
00:27:46,990 --> 00:27:48,770
No, he wasn't. Why was that?
492
00:27:49,090 --> 00:27:51,710
The district attorney felt there was
insufficient evidence.
493
00:27:53,000 --> 00:27:55,500
Do you think that means that I'm crazy?
494
00:27:55,740 --> 00:27:58,940
Ask that the witness confine her remarks
to answering the questions she's being
495
00:27:58,940 --> 00:28:02,620
asked. The witness will refrain from
engaging in colloquy with plaintiff
496
00:28:02,620 --> 00:28:05,940
counsel. Does your son's father have
visitation rights?
497
00:28:06,840 --> 00:28:07,840
Yes, he does.
498
00:28:07,960 --> 00:28:10,020
Does he have unsupervised visitation
rights?
499
00:28:10,320 --> 00:28:13,880
Yes. It's safe to assume, then, is it
not, that there was not only
500
00:28:13,880 --> 00:28:17,880
evidence to support a criminal
prosecution, there was insufficient
501
00:28:17,880 --> 00:28:21,040
prevent him from being alone with the
child you claim he molested. You can be
502
00:28:21,040 --> 00:28:25,040
sure that if it were up to me, that
wouldn't be the case. Was it you or your
503
00:28:25,040 --> 00:28:28,180
-husband who wanted to keep your son
enrolled at Sunny Hills? That doesn't
504
00:28:28,180 --> 00:28:31,020
anything to do with this. Ask that the
witness be directed to answer the
505
00:28:31,020 --> 00:28:34,740
question. It was him. Your husband got
to keep the house in Brentwood, didn't
506
00:28:34,740 --> 00:28:35,740
he? Objection!
507
00:28:36,020 --> 00:28:40,160
Overruled. It was his before we got
married. You wanted to enroll your son
508
00:28:40,160 --> 00:28:44,080
school that was close to where you
lived, close to where you had to move to
509
00:28:44,080 --> 00:28:46,900
because you couldn't afford a house in
Brentwood. You were the one that had to
510
00:28:46,900 --> 00:28:49,880
pick him up. You were the one that had
to take him to school. And the judge who
511
00:28:49,880 --> 00:28:53,560
presided over your divorce required you
to keep him in Sunny Hills. The judge
512
00:28:53,560 --> 00:28:56,740
listened to your husband about that just
the way you listen to your husband
513
00:28:56,740 --> 00:28:58,520
about everything else. Do you think I
made it up?
514
00:28:58,860 --> 00:29:01,280
Do you think I made this whole thing up?
515
00:29:02,160 --> 00:29:03,220
These things happen.
516
00:29:04,270 --> 00:29:08,090
People's lives are ruined. Men do
whatever they want to do, and lives are
517
00:29:08,090 --> 00:29:11,530
ruined. Women and children's lives are
ruined.
518
00:29:11,830 --> 00:29:14,890
Did your son tell you that he'd been
molested, Mrs. Hartshorn?
519
00:29:15,250 --> 00:29:16,470
Or did you tell him?
520
00:29:19,030 --> 00:29:20,130
He told me.
521
00:29:21,570 --> 00:29:23,010
And I believed him.
522
00:29:23,410 --> 00:29:24,690
I have nothing for them.
523
00:29:35,090 --> 00:29:36,069
Mr. Henderson.
524
00:29:36,070 --> 00:29:38,150
Tony. Right, Tony. And you are?
525
00:29:38,510 --> 00:29:39,229
Gwen Taylor.
526
00:29:39,230 --> 00:29:40,510
What can I do for you, Gwen Taylor?
527
00:29:40,730 --> 00:29:44,090
I was wondering if you could recommend a
tutor or an outside class or someplace
528
00:29:44,090 --> 00:29:47,410
where I can get a little extra help
preparing, because otherwise I'm not
529
00:29:47,410 --> 00:29:48,289
to make it through this.
530
00:29:48,290 --> 00:29:49,590
Everybody feels that way.
531
00:29:49,850 --> 00:29:50,850
No, you don't understand.
532
00:29:51,350 --> 00:29:53,930
I don't have a law degree. I've been
apprenticing.
533
00:29:54,230 --> 00:29:57,990
I haven't had a lot of practice being
tested like this. I'm going under, and I
534
00:29:57,990 --> 00:29:59,170
really need some help.
535
00:29:59,410 --> 00:30:00,009
Hi, Tony.
536
00:30:00,010 --> 00:30:01,010
Hi, Cheryl.
537
00:30:01,590 --> 00:30:03,770
Are we going to cover third -party
beneficiary today?
538
00:30:03,970 --> 00:30:04,759
Yes, we are.
539
00:30:04,760 --> 00:30:06,220
Good, because I'm hopelessly confused.
540
00:30:06,940 --> 00:30:07,940
You see?
541
00:30:08,060 --> 00:30:09,060
You're not alone.
542
00:30:09,340 --> 00:30:12,540
Tony, I passed hopelessly confused last
Tuesday.
543
00:30:12,980 --> 00:30:17,840
I learned all these mnemonics. My legs
for written contracts and cope for the
544
00:30:17,840 --> 00:30:20,760
rules against perpetuities. But now I
can't remember what the letters stand
545
00:30:20,820 --> 00:30:25,860
Does the E in legs stand for executor or
is it escrow? Gwen, I will help you.
546
00:30:26,060 --> 00:30:27,720
You will? Is tomorrow night soon enough?
547
00:30:27,920 --> 00:30:31,380
Yeah. Good. Tomorrow night it is. I
can't believe you have time enough to
548
00:30:31,380 --> 00:30:33,020
me. I'll make time. I like a challenge.
549
00:30:35,790 --> 00:30:36,790
Come on.
550
00:30:38,370 --> 00:30:42,490
Imagine that every morning you go to
work, you encounter the same person.
551
00:30:42,710 --> 00:30:45,710
Wherever you are, there he is.
552
00:30:46,170 --> 00:30:49,770
And all day, every day, he yells at you.
553
00:30:49,990 --> 00:30:53,310
He reminds you of mistakes you've made.
He tells you what you're not doing as
554
00:30:53,310 --> 00:30:56,290
well as you should, what opportunities
you've missed, what a disappointment
555
00:30:56,290 --> 00:31:02,830
you've been. And he comments on your
personal life loud enough so that
556
00:31:02,830 --> 00:31:04,330
can hear that he won't stop.
557
00:31:05,520 --> 00:31:06,520
So you try to ignore them.
558
00:31:07,200 --> 00:31:10,360
You try to concentrate on your work, and
you tell yourself, it's part of the
559
00:31:10,360 --> 00:31:11,700
job, it's part of the job.
560
00:31:12,100 --> 00:31:15,120
And one way or another, you manage not
to lose your temper.
561
00:31:16,260 --> 00:31:17,260
Until that day.
562
00:31:18,260 --> 00:31:22,560
Until that day when the circumstances in
your life are such that this guy
563
00:31:22,560 --> 00:31:24,980
yelling at you just pushes you over the
edge.
564
00:31:25,880 --> 00:31:26,880
Could happen to me.
565
00:31:27,220 --> 00:31:28,220
Could happen to you.
566
00:31:28,780 --> 00:31:29,980
Could happen to him.
567
00:31:31,260 --> 00:31:35,220
Val Bodine is a professional baseball
player, ladies and gentlemen. He is not
568
00:31:35,220 --> 00:31:38,720
trained bear. Yes, he's paid. He's paid
very well to play baseball in front of
569
00:31:38,720 --> 00:31:42,100
people. And yes, he should be able to
take the booing along with the cheering.
570
00:31:42,260 --> 00:31:47,700
But what's a little tough to take is the
relentless and obsessive taunting by a
571
00:31:47,700 --> 00:31:51,540
man like Ed Hicks. I mean, just think
what it would be like if it were him
572
00:31:51,540 --> 00:31:53,620
waiting for you every day at work.
573
00:31:54,180 --> 00:31:59,300
Every day for five and a half months. I
ask you to imagine that right now.
574
00:32:00,650 --> 00:32:01,730
before you render your verdict.
575
00:32:10,370 --> 00:32:11,410
How do you do this?
576
00:32:13,830 --> 00:32:15,510
What, am I supposed to get up here and
make a speech?
577
00:32:18,030 --> 00:32:21,150
I'm going to get up here, I'm going to
make a speech, and everyone's going to
578
00:32:21,150 --> 00:32:22,109
listen to me?
579
00:32:22,110 --> 00:32:23,110
That's pretty good.
580
00:32:24,030 --> 00:32:25,270
Doesn't happen to me very often.
581
00:32:26,030 --> 00:32:27,810
I mean, when you were a kid.
582
00:32:28,510 --> 00:32:32,270
You dream everybody will listen to you.
You dream about being center of
583
00:32:32,270 --> 00:32:33,270
attention.
584
00:32:33,550 --> 00:32:35,430
You dream big.
585
00:32:35,750 --> 00:32:41,710
You dream you'll be a senator or a movie
star or a baseball player.
586
00:32:43,990 --> 00:32:47,030
You don't dream you're going to sell
shoes. That's just something you wind up
587
00:32:47,030 --> 00:32:50,870
doing. That and watching baseball games.
588
00:32:54,910 --> 00:32:57,070
Time stands still at a baseball game.
589
00:32:58,440 --> 00:32:59,440
There's no clock.
590
00:32:59,660 --> 00:33:01,000
Who you are doesn't matter.
591
00:33:01,220 --> 00:33:03,480
Anybody can go if you come up with the
money.
592
00:33:03,680 --> 00:33:07,660
All right, so maybe it sounds stupid,
but 12 % of my take -home pay goes to
593
00:33:07,660 --> 00:33:08,459
the tickets.
594
00:33:08,460 --> 00:33:11,240
I used to go with my father, and now my
son goes with me.
595
00:33:13,560 --> 00:33:18,080
I'm a nervous, overweight guy who drives
an hour and a half back and forth to
596
00:33:18,080 --> 00:33:21,380
work to make $37 .5 a year selling
shoes.
597
00:33:22,100 --> 00:33:24,960
I mean, my kid's not going to yell from
the rooftops about what his old man does
598
00:33:24,960 --> 00:33:25,769
for a living.
599
00:33:25,770 --> 00:33:29,590
He's got nothing to brag about in that
department. He's stuck with me. So I
600
00:33:29,590 --> 00:33:31,970
him to the baseball game, and I make a
lot of noise.
601
00:33:33,010 --> 00:33:38,570
So my kid will see that I love
something, and he'll love that thing
602
00:33:39,390 --> 00:33:44,190
All right, you may not believe this, but
when we're at the ballgame, I am a real
603
00:33:44,190 --> 00:33:45,570
big shot to my kid.
604
00:33:47,910 --> 00:33:50,350
Nobody knows the game better. Nobody
yells louder.
605
00:33:50,670 --> 00:33:52,670
And that may not be a lot, but it's
something.
606
00:33:55,440 --> 00:33:56,440
It is something.
607
00:34:24,860 --> 00:34:30,040
Mr. Salter, to take this test, the
penioplasismograph, much has been made
608
00:34:30,040 --> 00:34:34,219
test's invasiveness. We all feel
discomfort at hearing it described and
609
00:34:34,219 --> 00:34:35,960
imagining it administered to ourselves.
610
00:34:36,820 --> 00:34:40,960
Admittedly, it's hard to view it as
anything other than a violation of one's
611
00:34:40,960 --> 00:34:41,960
privacy.
612
00:34:42,540 --> 00:34:45,300
I would urge you to keep one thing in
perspective, though.
613
00:34:46,300 --> 00:34:50,580
It's not as much a violation as being
sexually molested, and that, ladies and
614
00:34:50,580 --> 00:34:52,340
gentlemen, is what we are talking about.
615
00:34:52,730 --> 00:34:58,030
If a school had any basis to suspect one
of its teachers of molesting children
616
00:34:58,030 --> 00:35:03,410
sexually, and they did not do anything
they could to prevent that, the next
617
00:35:03,410 --> 00:35:07,190
sound you would hear would be the
snapping open of attorney's briefcases,
618
00:35:07,190 --> 00:35:09,550
-bent on suing that school for all it's
worth.
619
00:35:09,810 --> 00:35:14,350
The penile plethysmograph is the fastest
means we have of breaking through a
620
00:35:14,350 --> 00:35:15,350
suspect's denial.
621
00:35:16,110 --> 00:35:21,690
Its results may not be conclusive, but
they definitely give us a piece of the
622
00:35:21,690 --> 00:35:26,810
puzzle. They enable us to identify who
is a threat to our children.
623
00:35:28,250 --> 00:35:34,310
If any of you, if you or if someone
close to you was sexually abused as a
624
00:35:34,510 --> 00:35:39,770
you understand the enormity of that
threat. And the momentary discomfort or
625
00:35:39,770 --> 00:35:44,710
embarrassment that Ben Salter may go
through as a result of this test pales
626
00:35:44,710 --> 00:35:48,450
significance when compared to the misery
and the pain.
627
00:35:49,520 --> 00:35:53,760
that a victim of sexual abuse carries
with them the rest of their life.
628
00:35:54,920 --> 00:35:56,960
I would urge you to render your verdict
accordingly.
629
00:36:01,380 --> 00:36:05,580
Ladies and gentlemen, I am not here to
defend the sexual abuse of children.
630
00:36:06,580 --> 00:36:10,680
My adversary has done his level best,
however, to make it appear that I am.
631
00:36:12,330 --> 00:36:17,010
He knows that if you are sufficiently
caught up in the drumbeat of fear and
632
00:36:17,010 --> 00:36:21,050
suspicion, you won't bother to
distinguish between that which has been
633
00:36:21,050 --> 00:36:23,370
and that which has been proven.
634
00:36:23,890 --> 00:36:26,770
And if you don't bother to do that, he
wins.
635
00:36:30,130 --> 00:36:32,330
This case terrifies me.
636
00:36:32,970 --> 00:36:36,770
I look at what happened to Ben Salter,
and I understand how it was that women
637
00:36:36,770 --> 00:36:38,790
called witches were burned at the stake.
638
00:36:39,630 --> 00:36:45,390
A person stands accused of that which we
as a society revile and condemn. He
639
00:36:45,390 --> 00:36:48,670
refuses to have wires attached to his
body.
640
00:36:49,290 --> 00:36:55,050
Wires which bypass the conscious mind,
which measure not guilt or innocence,
641
00:36:55,050 --> 00:37:00,390
the physiology of some disembodied part
of his anatomy as if that defines who he
642
00:37:00,390 --> 00:37:06,410
is. As a result, he loses his job and
has his reputation ruined. Does it
643
00:37:06,410 --> 00:37:10,700
him? to suffer whatever ordeal is put in
front of him in order to undo that,
644
00:37:10,840 --> 00:37:16,060
only if you're willing to scrap the
Constitution and cast out the most basic
645
00:37:16,060 --> 00:37:19,840
tenet of our judicial system, innocent
until proven guilty.
646
00:37:20,360 --> 00:37:25,240
This is not a case about child abuse,
ladies and gentlemen. It's a case about
647
00:37:25,240 --> 00:37:30,200
innocent man fighting for his right to
hold on to the last shred of what it
648
00:37:30,200 --> 00:37:31,200
means to be human.
649
00:37:43,820 --> 00:37:44,820
Hi. Hi.
650
00:37:47,080 --> 00:37:48,080
How you doing?
651
00:37:48,500 --> 00:37:49,500
Okay.
652
00:37:51,420 --> 00:37:52,500
How's the bar review going?
653
00:37:52,760 --> 00:37:53,760
Okay.
654
00:37:54,460 --> 00:37:55,460
How's Lucy?
655
00:37:55,680 --> 00:37:56,680
She's great.
656
00:37:56,800 --> 00:38:03,300
I was thinking about her, and I was
thinking about what you said the other
657
00:38:03,400 --> 00:38:06,060
Gwen, this really can't wait until after
the bar.
658
00:38:06,280 --> 00:38:07,340
I don't think it should.
659
00:38:08,720 --> 00:38:11,740
I... I don't think I can be...
660
00:38:12,840 --> 00:38:15,400
The constant that she needs in her life,
Daniel.
661
00:38:15,620 --> 00:38:20,300
And the truth is that I don't think I
can be the constant you need either.
662
00:38:23,240 --> 00:38:24,240
So?
663
00:38:26,440 --> 00:38:26,960
I
664
00:38:26,960 --> 00:38:34,080
thought
665
00:38:34,080 --> 00:38:39,120
this would feel terrible, but at least
be a relief, and instead it just
666
00:38:48,200 --> 00:38:49,200
So am I.
667
00:38:51,220 --> 00:38:52,620
Has the jury reached a verdict?
668
00:38:54,600 --> 00:38:56,460
We have, Your Honor. What say you?
669
00:38:57,740 --> 00:39:01,660
We fine to the plaintiff, Edward Hicks,
and award the sum of $1 in damages.
670
00:39:02,400 --> 00:39:03,440
So say you all.
671
00:39:04,700 --> 00:39:06,260
$1? Mr. Hicks.
672
00:39:06,880 --> 00:39:09,760
That'll give IQ tests for jury duty, do
they? Mr.
673
00:39:09,980 --> 00:39:12,440
Hicks. Hey, moron. I have a question for
you.
674
00:39:13,210 --> 00:39:16,970
How can he be guilty and only owe one
dollar? Listen to me, Mr. Hicks. If I
675
00:39:16,970 --> 00:39:19,310
you a dollar, do I get to beat you up?
Mr. Hicks!
676
00:39:19,870 --> 00:39:22,710
If you don't stop haranguing the jury,
I'm going to have the officer of the
677
00:39:22,710 --> 00:39:24,030
court place you under arrest.
678
00:39:24,690 --> 00:39:28,490
The jury's dismissed with the thanks of
the court.
679
00:39:28,930 --> 00:39:30,010
The court's adjourned.
680
00:39:34,010 --> 00:39:34,948
Hey, Ed.
681
00:39:34,950 --> 00:39:35,950
Ed! What?
682
00:39:36,190 --> 00:39:38,370
What, you want to rub my nose in it? You
want to beat me up again?
683
00:39:38,610 --> 00:39:40,230
The jury already did that. Hey, Val.
684
00:39:40,970 --> 00:39:43,710
Are you sure this is going to be
constructive? Jonathan, I got a little
685
00:39:43,710 --> 00:39:44,910
to take care of with this man.
686
00:39:45,110 --> 00:39:46,570
What kind of business?
687
00:39:47,110 --> 00:39:48,170
I want to give you something.
688
00:39:48,830 --> 00:39:51,290
You're going to give me the dollar? No,
I'm not going to give you the dollar.
689
00:39:51,790 --> 00:39:53,110
I want to give you this for your boy.
690
00:39:54,630 --> 00:39:55,630
What's this for?
691
00:39:56,430 --> 00:39:57,870
You showed me something yesterday.
692
00:39:58,770 --> 00:40:01,290
I thought you were just a pain in the
ass, which you are.
693
00:40:01,910 --> 00:40:06,110
But you're more than that. You love the
game. You love your kid.
694
00:40:06,670 --> 00:40:07,930
And I respect you for that.
695
00:40:08,560 --> 00:40:11,840
I'd like it if you realize that I'm a
human being and respect me too.
696
00:40:15,920 --> 00:40:16,960
Is that the real deal?
697
00:40:17,800 --> 00:40:19,240
I used it all last season.
698
00:40:19,660 --> 00:40:21,760
Including when you blew the double play
against the Astros?
699
00:40:22,500 --> 00:40:23,500
Including then.
700
00:40:26,160 --> 00:40:27,160
Thanks.
701
00:40:27,900 --> 00:40:28,960
I mean a lot to him.
702
00:40:31,480 --> 00:40:34,020
It means a lot to me.
703
00:40:39,740 --> 00:40:40,740
Hey,
704
00:40:41,000 --> 00:40:42,000
sorry I beat you up.
705
00:40:42,660 --> 00:40:43,660
I lived.
706
00:40:44,800 --> 00:40:45,860
See you at the ballpark?
707
00:40:46,860 --> 00:40:47,860
Count on it!
708
00:40:51,460 --> 00:40:53,700
Would the foreperson please read the
verdict?
709
00:40:55,720 --> 00:40:59,820
We, the jury, in the matter of Salta v.
Sunny Hill School, fine for the
710
00:40:59,820 --> 00:41:03,120
plaintiff and award $250 ,000 in
damages.
711
00:41:03,400 --> 00:41:06,080
The court hereby orders the plaintiff be
reinstated.
712
00:41:06,480 --> 00:41:10,140
The jury is discharged with thanks of
the court. This court is adjourned.
713
00:41:11,700 --> 00:41:13,080
I think we need to talk.
714
00:41:16,100 --> 00:41:18,000
I'm not worried about the monetary
damages.
715
00:41:18,340 --> 00:41:20,240
They'll be covered by our insurance
carrier.
716
00:41:22,400 --> 00:41:25,580
The problem comes with reinstating you.
717
00:41:26,000 --> 00:41:29,640
What is it you're asking, Mr. Hollis?
I'm asking for you to teach someplace
718
00:41:29,640 --> 00:41:30,640
else.
719
00:41:31,300 --> 00:41:34,080
Now, why would I want to do that?
Because it'll be a hell of a lot more
720
00:41:34,080 --> 00:41:35,600
comfortable for you someplace else.
721
00:41:37,900 --> 00:41:39,520
I'm telling you this as a friend, Ben.
722
00:41:40,480 --> 00:41:42,700
There are quite a few parents that don't
want you back.
723
00:41:43,000 --> 00:41:46,620
They've said to me that if you do come
back, they want absolute assurances that
724
00:41:46,620 --> 00:41:48,180
you won't be alone with their children.
725
00:41:48,580 --> 00:41:51,940
I'm going to have to put a monitor in
your classrooms. You do that and I'll
726
00:41:51,940 --> 00:41:54,100
you back in court so fast your head will
spin.
727
00:41:54,540 --> 00:41:58,920
The judge's order calls for his
reinstatement, period. No conditions, no
728
00:41:58,920 --> 00:42:02,240
qualifications, no holding him out to be
someone who can't be trusted.
729
00:42:02,540 --> 00:42:04,220
She's right, Richard. You can't do that.
730
00:42:09,310 --> 00:42:10,330
Is it worth it, Ben?
731
00:42:13,810 --> 00:42:17,710
I'm going to be in room nine Monday
morning, Richard. I expect to have a
732
00:42:17,710 --> 00:42:18,910
grade class in there as well.
733
00:42:20,210 --> 00:42:21,910
You want to have a second grade class in
there?
734
00:42:22,550 --> 00:42:25,170
Then you call the parents of those
second graders and tell them they have
735
00:42:25,170 --> 00:42:28,170
nothing to worry about. Tell them that
no matter what their fears are, if they
736
00:42:28,170 --> 00:42:31,150
want to continue to have their kids to
Sunny Hills, you're going to be their
737
00:42:31,150 --> 00:42:32,450
teacher. Do you want to tell them that?
738
00:42:32,710 --> 00:42:34,510
No, because that's your job.
739
00:42:35,660 --> 00:42:38,640
That's what you have to tell them. You
have to tell them. You have to stand up
740
00:42:38,640 --> 00:42:42,400
and say that Ben Salter is coming back
to teach because Ben Salter's done
741
00:42:42,400 --> 00:42:43,259
nothing wrong.
742
00:42:43,260 --> 00:42:44,420
He's not a child molester.
743
00:42:45,040 --> 00:42:47,400
He's not a suspected child molester.
He's a teacher.
744
00:42:48,660 --> 00:42:49,660
He's a good teacher.
745
00:42:51,820 --> 00:42:55,380
It appears as though I have no choice,
so... Okay.
746
00:43:01,760 --> 00:43:03,220
For what it's worth, though...
747
00:43:04,330 --> 00:43:05,630
I think you're going to be miserable.
748
00:43:07,230 --> 00:43:08,810
You're telling me that as a friend?
749
00:43:13,010 --> 00:43:14,010
Okay.
750
00:43:21,650 --> 00:43:24,230
You get in under the exclusionary rule.
751
00:43:24,990 --> 00:43:25,990
How?
752
00:43:28,730 --> 00:43:30,410
Independent source. Independent source.
753
00:43:32,380 --> 00:43:35,620
Intervening act of free will by the
defendant. Intervening act of free will
754
00:43:35,620 --> 00:43:36,499
the defendant.
755
00:43:36,500 --> 00:43:37,500
Inevitable discovery.
756
00:43:37,600 --> 00:43:39,740
Live witness testimony and court ID.
757
00:43:39,960 --> 00:43:43,540
Good. And remember, if the exclusionary
rule is on the essay question... Mention
758
00:43:43,540 --> 00:43:46,800
the exceptions, whether they're relevant
or not, get in that I know what they
759
00:43:46,800 --> 00:43:47,800
are. Right.
760
00:43:48,180 --> 00:43:51,760
Okay, how about the rule against
perpetuities? The rule against
761
00:43:52,180 --> 00:43:53,180
Cope.
762
00:43:53,640 --> 00:43:54,720
Contingent remainders.
763
00:43:54,920 --> 00:43:57,560
Option to purchase land. Powers of
appointment.
764
00:43:58,140 --> 00:43:59,140
Oh.
765
00:43:59,580 --> 00:44:00,558
Executor interest?
766
00:44:00,560 --> 00:44:03,280
You love those mnemonics, don't you?
Yeah, they make me feel more secure.
767
00:44:04,060 --> 00:44:08,940
I really, I want to thank you for taking
the time to help me. I feel calmer now
768
00:44:08,940 --> 00:44:12,200
than I have in the last few weeks. And
there was a moment back there when I
769
00:44:12,200 --> 00:44:14,980
actually pictured myself as a lawyer. It
was really great.
770
00:44:18,360 --> 00:44:20,980
I can't believe I did that.
771
00:44:22,460 --> 00:44:28,560
I can't believe I did that.
772
00:44:29,390 --> 00:44:30,910
Why did you do that?
773
00:44:33,110 --> 00:44:34,110
I don't know.
774
00:44:35,870 --> 00:44:40,810
I, um... I felt like I was standing
outside myself watching me kiss you.
775
00:44:41,530 --> 00:44:45,210
Look, it's late. We're both tired. It's
okay. I never do things like that. It's
776
00:44:45,210 --> 00:44:46,450
totally out of character for me.
777
00:44:50,730 --> 00:44:52,610
Why don't we just get back to work?
778
00:44:53,390 --> 00:44:54,950
As long as you're sure you're okay.
779
00:44:55,850 --> 00:44:58,270
And you forgive me for being so out of
line.
780
00:44:59,600 --> 00:45:00,760
Yeah, I'm okay.
781
00:45:01,000 --> 00:45:02,540
And I'm, yeah, I forgive you.
782
00:45:03,780 --> 00:45:04,780
All right.
783
00:45:07,480 --> 00:45:10,120
Okay, statute of frauds. What contracts
need to be in writing?
784
00:45:10,360 --> 00:45:11,680
All right, all right.
785
00:45:12,060 --> 00:45:13,820
Where the consideration is marriage.
786
00:45:14,360 --> 00:45:17,420
Where the duration of the contract is
more than a year.
787
00:45:17,860 --> 00:45:19,020
Surety ship, land.
788
00:45:19,780 --> 00:45:25,880
For the sale of goods valued at more
than $500. And for an executor to pay
789
00:45:25,880 --> 00:45:26,880
debts of an estate.
65729
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