1 00:00:01,000 --> 00:00:05,500 Doctor, did you have occasion to examine Mr. Hicks on September 15, 1992? 2 00:00:06,040 --> 00:00:07,040 Yes, I did. 3 00:00:07,400 --> 00:00:10,420 Would you tell us what that examination revealed? 4 00:00:10,780 --> 00:00:14,420 Mr. Hicks was suffering from multiple contusions about the head and the face. 5 00:00:14,600 --> 00:00:18,620 Both his neck and his right arm were strained. What about the blood pressure? 6 00:00:18,760 --> 00:00:22,920 Mr. Hicks. Did you observe anything else, Doctor? His blood pressure was 7 00:00:22,920 --> 00:00:23,920 somewhat elevated. 8 00:00:24,120 --> 00:00:26,180 And to what did Mr. Hicks attribute his injuries? 9 00:00:26,480 --> 00:00:28,920 He said that he was beaten up by Val Bodine. 10 00:00:29,280 --> 00:00:30,700 Did he tell you how this attack occurred? 11 00:00:30,960 --> 00:00:35,660 He said that Mr. Bodine charged into the stands and attacked him. What, if any, 12 00:00:35,780 --> 00:00:38,240 were the short -term consequences of Mr. Hicks' injuries? 13 00:00:38,800 --> 00:00:42,900 Stiffness, soreness. I believe that he was out of work for about a week. 14 00:00:43,220 --> 00:00:45,020 How about two weeks, Mr. Hicks? 15 00:00:45,500 --> 00:00:50,180 What, if any, were the likely long -term consequences of Mr. Hicks' injuries? 16 00:00:50,520 --> 00:00:52,660 Some residual soreness is possible. 17 00:00:53,560 --> 00:00:55,900 Sleeplessness, nervousness, a loss of attention. 18 00:00:56,700 --> 00:00:59,600 Any and all of these things are possible long -term effects. 19 00:00:59,880 --> 00:01:01,160 Thank you. I have nothing further? 20 00:01:01,660 --> 00:01:04,540 Nothing further? Come on. Can't you get this for $3 ,000? 21 00:01:04,760 --> 00:01:05,760 You got nothing further? 22 00:01:05,980 --> 00:01:07,400 Mr. Hicks, sit down. 23 00:01:08,180 --> 00:01:11,260 You're taking money under false pretenses. That's called stealing. 24 00:01:11,540 --> 00:01:14,520 Mr. Hammond, you kindly advise your client as to the manner in which he's to 25 00:01:14,520 --> 00:01:17,760 conduct himself. Hang on, Your Honor. I'm not going to take lessons in 26 00:01:17,760 --> 00:01:19,200 from some guy who's selling me down the river. 27 00:01:19,790 --> 00:01:21,990 You think I'm selling you down the river, Ed? Yes, I think you're selling 28 00:01:21,990 --> 00:01:24,630 down the river. I think you're more interested in cozying up to a big, 29 00:01:24,630 --> 00:01:27,610 baseball star than you are with providing me with adequate 30 00:01:28,270 --> 00:01:31,270 Your Honor, at this time, I would ask to be relieved as Mr. Hicks' counsel. 31 00:01:31,550 --> 00:01:35,170 Well, Your Honor, we have been through delay after delay after delay. I can 32 00:01:35,170 --> 00:01:37,470 assure you that's not my intention. It may not be your intention, but that is 33 00:01:37,470 --> 00:01:38,068 the effect. 34 00:01:38,070 --> 00:01:40,450 Your Honor, we are now into the baseball season. 35 00:01:40,730 --> 00:01:43,630 My client's practice has been disrupted, and his performance on the field is 36 00:01:43,630 --> 00:01:44,309 being affected. 37 00:01:44,310 --> 00:01:47,370 Mr. Hicks has been through four different attorneys. Each time he gets a 38 00:01:47,370 --> 00:01:48,850 one, he buys himself another delay. 39 00:01:49,100 --> 00:01:50,520 Mr. Rawlins is absolutely right. 40 00:01:50,780 --> 00:01:53,360 Mr. Hammond, I'm not going to allow you to withdraw. 41 00:01:53,600 --> 00:01:57,680 Your Honor, I cannot effectively represent this man. Hey, Judge, how 42 00:01:57,680 --> 00:01:58,680 represent myself? 43 00:01:58,720 --> 00:02:01,620 Mr. Hicks, do you have legal background of any kind? 44 00:02:01,840 --> 00:02:05,200 No, I do not. And you feel competent to represent yourself? 45 00:02:05,560 --> 00:02:07,300 I'm at least as competent as this idiot. 46 00:02:07,760 --> 00:02:11,520 All right, Mr. Hicks. We'll adjourn for now in order to give you an opportunity 47 00:02:11,520 --> 00:02:12,520 to prepare. 48 00:02:12,800 --> 00:02:17,920 Thank you, Your Honor. We'll resume Wednesday morning at 10 a .m., and 49 00:02:17,920 --> 00:02:19,120 prepared to proceed. 50 00:02:19,380 --> 00:02:20,380 Don't worry, Judge. 51 00:02:20,480 --> 00:02:21,480 I'll be ready. 52 00:02:22,040 --> 00:02:25,040 Hey, Mr. Rollins, now we got us a game. 53 00:03:57,770 --> 00:03:58,770 Bye. 54 00:04:47,930 --> 00:04:49,870 How's everything going with the bar exam, Gwen? 55 00:04:50,130 --> 00:04:53,210 Oh, it's okay. I'm taking this review course with this guy, Tony Henderson. 56 00:04:53,810 --> 00:04:58,870 I go to class every day, and I study every night. I can attest to that. Are 57 00:04:58,870 --> 00:05:00,590 taking enough time off from work? 58 00:05:00,830 --> 00:05:01,970 Uh, yeah, I am. 59 00:05:02,250 --> 00:05:05,130 Plus, as the test gets closer, I'll be paying back more. 60 00:05:05,450 --> 00:05:08,230 Plus, most of the time that I'm here, all I'm doing is studying. 61 00:05:08,450 --> 00:05:11,910 Good. Don't be shy about asking for help. Thanks. Shall we? 62 00:05:12,130 --> 00:05:13,130 By all means. 63 00:05:14,659 --> 00:05:19,040 Hicks versus Bodine. That's me. We are representing Val Bodine. The ball 64 00:05:19,220 --> 00:05:22,600 The ball player. A guy named Hicks had been heckling him for an entire season. 65 00:05:23,400 --> 00:05:27,180 Bodine went into the stands and committed battery upon his person. The 66 00:05:27,180 --> 00:05:28,840 offered Hicks $100 ,000 to settle. 67 00:05:29,060 --> 00:05:29,959 Hicks refused. 68 00:05:29,960 --> 00:05:33,600 He wanted his day in court. He hired and fired five different lawyers, and now 69 00:05:33,600 --> 00:05:34,600 he's representing himself. 70 00:05:34,800 --> 00:05:35,800 Temporary insanity. 71 00:05:35,960 --> 00:05:37,180 No. Self -defense. 72 00:05:37,460 --> 00:05:40,520 No, all he did was yell. Plead provocation to try to mitigate the 73 00:05:40,940 --> 00:05:41,940 That's what I'm doing. 74 00:05:42,120 --> 00:05:43,120 And make sure we get some tickets. 75 00:05:43,909 --> 00:05:46,250 Done. Salter versus Sunny Hill School. 76 00:05:46,510 --> 00:05:50,570 That's mine. We represent Ben Salter. He's a second grade teacher who was 77 00:05:50,570 --> 00:05:52,550 accused of sexually molesting a student. 78 00:05:52,810 --> 00:05:55,430 A male second grade teacher? What kind of guy teaches second grade? 79 00:05:55,650 --> 00:05:58,570 We're not representing child molesters, are we, Anne? I said he was accused, 80 00:05:58,790 --> 00:06:01,370 Douglas. The charges were dropped. What's he suing for? 81 00:06:01,610 --> 00:06:05,750 The school asked that he take something called a penile plethysmograph before 82 00:06:05,750 --> 00:06:06,750 they reinstate him. 83 00:06:06,960 --> 00:06:08,280 Oh, it sounded that. 84 00:06:08,520 --> 00:06:12,840 What is it? It's a machine that attaches a wire to the male organ and measures 85 00:06:12,840 --> 00:06:16,320 sexual arousal. Sounds like a clockwork orange. 86 00:06:16,560 --> 00:06:20,220 He refused to do it. You're convinced there was no basis for the accusation? 87 00:06:20,220 --> 00:06:21,220 charges were dropped. 88 00:06:21,260 --> 00:06:24,580 Yeah, yeah. I understand, but that doesn't necessarily mean he didn't do 89 00:06:24,580 --> 00:06:25,580 this country, it does. 90 00:06:27,840 --> 00:06:29,080 They attach a wire? 91 00:06:30,750 --> 00:06:35,730 I keep telling myself, Gwen, there are over 100 ,000 lawyers in the state of 92 00:06:35,730 --> 00:06:39,250 California. Most of those people pass the bar without having a nervous 93 00:06:39,250 --> 00:06:41,610 breakdown. You can, too. You're going to do great. 94 00:06:42,950 --> 00:06:44,090 I don't know how I'm going to do. 95 00:06:46,350 --> 00:06:47,390 Oh, you got work to do. 96 00:06:48,070 --> 00:06:49,029 A little, yeah. 97 00:06:49,030 --> 00:06:50,890 Okay. You're going to pass the test, Gwen. 98 00:06:52,790 --> 00:06:54,430 You've been pretty distant lately, you know that? 99 00:06:56,610 --> 00:06:59,890 Nothing. It's not nothing, Daniel. It's something. Tell me what it is. 100 00:07:01,920 --> 00:07:03,180 I'm worried about my kid. 101 00:07:04,920 --> 00:07:07,960 I'm worried that she needs more of a home life with me than she's getting. 102 00:07:09,900 --> 00:07:13,280 And I'm worried that she needs more of a constant female influence. 103 00:07:15,620 --> 00:07:17,480 And I don't fit that description. 104 00:07:18,400 --> 00:07:20,280 I'm not sure you want to fit that description. 105 00:07:23,600 --> 00:07:25,680 I can't discuss this right now. I've got to study. 106 00:07:25,940 --> 00:07:26,940 Okay. 107 00:07:29,200 --> 00:07:30,260 I'll talk to you later. 108 00:07:34,090 --> 00:07:35,090 What are the exceptions? 109 00:07:35,830 --> 00:07:40,290 Unavailability of the declarant, previous testimony, statement against 110 00:07:40,590 --> 00:07:42,770 dying declarations, pedigree. 111 00:07:43,110 --> 00:07:47,190 All right, we'll go into the specifics of each tomorrow. Right now, I want to 112 00:07:47,190 --> 00:07:49,470 say something to you about this whole process. Put down your pens. 113 00:07:50,510 --> 00:07:53,550 I'm seeing the look of panic on a number of faces. 114 00:07:53,830 --> 00:07:54,870 Panic isn't helpful. 115 00:07:55,150 --> 00:07:56,650 Put down your pens. 116 00:07:57,830 --> 00:08:00,630 There's a tremendous amount of information you're going to have to 117 00:08:00,630 --> 00:08:03,030 between now and the day of the bar exam. You need to be organized. 118 00:08:03,230 --> 00:08:05,910 You need to be disciplined. You need to work your tail off. But at the end of 119 00:08:05,910 --> 00:08:08,810 the day, you need to forget about it. 120 00:08:10,150 --> 00:08:13,630 Hey, you, stop writing. Just listen. 121 00:08:13,850 --> 00:08:16,390 There are going to be questions on this test you will get wrong. It makes 122 00:08:16,390 --> 00:08:20,450 absolutely no difference if you pass by one point or by 40 points, so long as 123 00:08:20,450 --> 00:08:21,389 you pass. 124 00:08:21,390 --> 00:08:22,630 Panic will not make you pass. 125 00:08:23,410 --> 00:08:24,490 Panic will make you fail. 126 00:08:24,930 --> 00:08:25,930 Don't panic. 127 00:08:26,510 --> 00:08:27,510 Eat well. 128 00:08:27,890 --> 00:08:28,910 Have great sex. 129 00:08:29,870 --> 00:08:31,890 Get a good night's sleep. I'll see you tomorrow night. 130 00:08:36,650 --> 00:08:41,309 Hey, Joe, do you understand the parole evidence rule? All prior or contemporary 131 00:08:41,309 --> 00:08:45,150 in these negotiations are subsumed into the written agreement, assuming there is 132 00:08:45,150 --> 00:08:46,150 one. 133 00:08:46,430 --> 00:08:47,430 You want to get a beer? 134 00:08:47,550 --> 00:08:51,730 Get a beer? Do I have to study? I've studied enough for one day. Why is it I 135 00:08:51,730 --> 00:08:55,030 never feel that way? All you have to do is understand what they're looking for 136 00:08:55,030 --> 00:08:56,030 and give it to them. 137 00:08:56,120 --> 00:08:57,700 It's a test. It's no big deal. 138 00:09:08,100 --> 00:09:11,040 I taught second grade at Sunny Hill School for six years. 139 00:09:11,340 --> 00:09:13,440 What reason was given for your dismissal? 140 00:09:14,060 --> 00:09:17,560 I refused to take a penile plasmagraph test. 141 00:09:17,820 --> 00:09:20,100 What is a penile plasmagraph test? 142 00:09:20,920 --> 00:09:25,360 They attach a metal ring to your penis and measure your response to pictures of 143 00:09:25,360 --> 00:09:26,219 naked children. 144 00:09:26,220 --> 00:09:27,820 Why were you asked to take such a test? 145 00:09:28,080 --> 00:09:30,040 I'd been accused of molesting an eight -year -old boy. 146 00:09:30,400 --> 00:09:31,279 Did you? 147 00:09:31,280 --> 00:09:32,280 No. 148 00:09:32,700 --> 00:09:35,720 How did you first learn that this accusation had been made? 149 00:09:36,060 --> 00:09:40,700 Six police officers came to the school, and in front of students and faculty, I 150 00:09:40,700 --> 00:09:41,700 was placed under arrest. 151 00:09:42,000 --> 00:09:45,320 Were you convicted of the crime of child molestation? No, I was never tried for 152 00:09:45,320 --> 00:09:48,200 the crime of child molestation. The charges were dropped for lack of 153 00:09:49,040 --> 00:09:52,880 What position did the administration at Sunny Hills School take regarding your 154 00:09:52,880 --> 00:09:57,000 employment there? Well, they said they were happy and relieved and anxious to 155 00:09:57,000 --> 00:09:58,260 have me back there teaching again. 156 00:09:58,960 --> 00:10:02,160 They said they knew right along that I was innocent, but unfortunately there 157 00:10:02,160 --> 00:10:05,640 were some lingering doubts among some of the parents, and they asked me if I 158 00:10:05,640 --> 00:10:06,920 would help put those doubts to rest. 159 00:10:07,220 --> 00:10:08,760 How did they suggest you do that? 160 00:10:09,120 --> 00:10:11,160 First, they asked me to take a lie detector test. 161 00:10:11,480 --> 00:10:12,620 Did you agree to do so? 162 00:10:12,920 --> 00:10:14,640 Yes, I did. What was the result? 163 00:10:14,960 --> 00:10:15,819 I passed. 164 00:10:15,820 --> 00:10:18,550 What? If anything, did they ask you to do next? 165 00:10:19,550 --> 00:10:21,970 They asked me to be interviewed by a psychiatrist. 166 00:10:22,410 --> 00:10:23,510 Did you agree to do that? 167 00:10:23,890 --> 00:10:26,770 Yes, I was interviewed on five separate occasions, and to the best of my 168 00:10:26,770 --> 00:10:28,130 knowledge, I was pronounced normal. 169 00:10:28,410 --> 00:10:30,910 Did that suffice for the administration of Sunny Hill School? 170 00:10:31,230 --> 00:10:36,450 No. They then asked that I take a penoplethysmograph test, and when I 171 00:10:36,450 --> 00:10:37,450 was dismissed. 172 00:10:37,590 --> 00:10:38,630 Why did you refuse? 173 00:10:39,950 --> 00:10:42,970 Because enough is enough. 174 00:10:43,790 --> 00:10:47,010 At some point, I had to reclaim a little bit of dignity. 175 00:10:47,910 --> 00:10:49,670 That's what I did, and that's what I was fired for. 176 00:10:50,130 --> 00:10:51,890 Thank you. I have nothing further. 177 00:10:53,690 --> 00:10:58,150 Do you have children of your own, Mr. Salter? No, I do not. Well, if you did, 178 00:10:58,230 --> 00:11:00,750 how would you feel about them being placed in the care of a pedophile? 179 00:11:01,990 --> 00:11:03,630 I am not a pedophile. 180 00:11:03,830 --> 00:11:05,970 No, no. No, I'm not saying that you are. 181 00:11:06,570 --> 00:11:10,390 I'm asking you, how would you feel about your own child, assuming that you had 182 00:11:10,390 --> 00:11:12,490 one, being taken care of by a pedophile? 183 00:11:13,300 --> 00:11:16,580 I would not allow my child to be taken care of by a pedophile. Well, then my 184 00:11:16,580 --> 00:11:20,740 question to you, sir, is simply this. Shouldn't a school do everything it can 185 00:11:20,740 --> 00:11:21,740 stop that from happening? 186 00:11:21,940 --> 00:11:22,799 Not this. 187 00:11:22,800 --> 00:11:23,759 Why not this? 188 00:11:23,760 --> 00:11:26,800 Because I'm not a laboratory rat. That's why not. 189 00:11:27,520 --> 00:11:31,140 I'm a human being. You're a human being that was accused of being a pedophile. 190 00:11:31,300 --> 00:11:32,300 Those charges were dropped. 191 00:11:32,440 --> 00:11:33,440 That's right. They were dropped. 192 00:11:33,560 --> 00:11:36,080 They were never disproved. They were dropped. Objection. I thought you were 193 00:11:36,080 --> 00:11:38,680 innocent until proven guilty in this country. I thought charges had to be 194 00:11:38,680 --> 00:11:41,720 proved, not disproved. I'm curious about something. You... 195 00:11:41,950 --> 00:11:46,410 Agreed to a lie detector test. You agreed to a psychological profile. Why 196 00:11:46,410 --> 00:11:52,330 you not agree to the placismograph test? Because I wouldn't strip naked and have 197 00:11:52,330 --> 00:11:54,090 wires attached to my genitals. 198 00:11:55,300 --> 00:11:59,300 because I felt that it was my right as a citizen of this country not to be 199 00:11:59,300 --> 00:12:02,420 forced to do that? It wouldn't be because you were afraid of what might 200 00:12:02,500 --> 00:12:05,680 would it? No. It wouldn't be because you were afraid that when photographs of 201 00:12:05,680 --> 00:12:09,560 naked young boys were put in front of you, that your genitals would betray 202 00:12:09,660 --> 00:12:11,240 Objection. He's already answered the question. 203 00:12:11,560 --> 00:12:14,480 Wouldn't it be that the penis doesn't lie? Your Honor. Mr. Colquitt, you will 204 00:12:14,480 --> 00:12:16,200 stop badgering this witness. 205 00:12:17,660 --> 00:12:22,760 Sir. I have never molested a child in my life. I have never wanted to molest a 206 00:12:22,760 --> 00:12:27,320 child. Now, unless and until somebody proves that I'm lying, I don't want to 207 00:12:27,320 --> 00:12:28,320 take any more tests. 208 00:12:28,680 --> 00:12:33,920 I want my job back, I want my name back, and I want to be left alone. 209 00:12:41,720 --> 00:12:45,900 Question. Where were you on the afternoon of September 15, 1992? 210 00:12:46,820 --> 00:12:49,420 Answer. I was in the ballpark sitting in my seat. 211 00:12:50,720 --> 00:12:52,820 Question. What were you doing there? 212 00:12:53,200 --> 00:12:55,300 Answer. I was watching a ball game. 213 00:12:55,580 --> 00:12:59,000 Mr. Hicks, it's really not necessary to keep saying question and answer. 214 00:12:59,180 --> 00:13:00,180 Whatever you want, Judge. 215 00:13:01,100 --> 00:13:02,100 What was Mr. 216 00:13:02,140 --> 00:13:03,520 Bodine doing that day? 217 00:13:04,120 --> 00:13:05,500 He was playing left field. 218 00:13:06,500 --> 00:13:08,280 Did you say anything to him? 219 00:13:08,580 --> 00:13:10,580 Oh, yes, I did. What did I say? 220 00:13:11,310 --> 00:13:12,510 I said a lot of things. 221 00:13:13,030 --> 00:13:17,670 I commented on his fielding, such as it is. He'd throw rainbows. He never 222 00:13:17,670 --> 00:13:21,850 figured it out. The shortest distance between two points is a straight line. 223 00:13:22,210 --> 00:13:26,610 I commented on his propensity to swing at bad pitches, to strike out in clutch 224 00:13:26,610 --> 00:13:31,150 situations. Objection, Your Honor. Sit down. Mr. Hicks, I'll run the courtroom 225 00:13:31,150 --> 00:13:32,150 if you don't mind. 226 00:13:33,150 --> 00:13:34,710 And the objection is sustained. 227 00:13:34,930 --> 00:13:38,450 Mr. Bodine's performance isn't relevant to these proceedings. 228 00:13:41,000 --> 00:13:42,280 Did you use profanity? 229 00:13:42,760 --> 00:13:44,040 No, I did not. 230 00:13:44,280 --> 00:13:46,120 I make it a point not to. 231 00:13:46,680 --> 00:13:51,220 What did Val Bodine do upon hearing my remarks, Mr. Hicks? 232 00:13:51,480 --> 00:13:54,620 Around the fifth inning, he comes charging up into the stands and assaults 233 00:13:54,840 --> 00:13:55,840 Did I fight back? 234 00:13:55,980 --> 00:14:01,360 No, I did not. Why did you not fight back, Mr. Hicks? I was overmatched in 235 00:14:01,360 --> 00:14:02,360 and strength. 236 00:14:02,420 --> 00:14:04,340 What injuries did you sustain? 237 00:14:04,840 --> 00:14:07,920 Both eyes swollen, shot a head that looked like a pumpkin? 238 00:14:08,460 --> 00:14:11,400 In that I'm a shoe salesman. I deal with the public. I was unable to work for 239 00:14:11,400 --> 00:14:12,400 some two weeks. 240 00:14:12,860 --> 00:14:17,880 And I was also left a little frightened, shaken up, given the fact that my 11 241 00:14:17,880 --> 00:14:21,340 -year -old son had just returned from buying a hot dog. It's hard to see his 242 00:14:21,340 --> 00:14:24,580 father beaten up. I felt deeply humiliated. 243 00:14:28,240 --> 00:14:30,860 Well, I have no further questions. 244 00:14:33,160 --> 00:14:37,420 How many games had you attended in the 1992 season by September the 15th, Mr. 245 00:14:37,460 --> 00:14:39,380 Hicks? Every time there was a home game, I was there. 246 00:14:39,780 --> 00:14:43,500 Isn't it a fact, sir, that at each and every one of those games, you made 247 00:14:43,500 --> 00:14:45,620 continuous denigrating remarks to Mr. 248 00:14:45,840 --> 00:14:49,220 Bodine? Yeah, I got something on my mind. I say it. You're allowed to do 249 00:14:49,220 --> 00:14:51,240 the U .S. of A. You made remarks about his fielding. 250 00:14:51,500 --> 00:14:54,420 You made remarks about its hitting. I'm a student of the game. My observations 251 00:14:54,420 --> 00:14:57,180 happen to have some merit. But your observations weren't limited to the 252 00:14:57,260 --> 00:15:00,500 were they? In what way weren't they? Did you make remarks about the failure of a 253 00:15:00,500 --> 00:15:03,600 restaurant that Mr. Bodine had invested in? It was in all the papers. That's not 254 00:15:03,600 --> 00:15:05,160 like I'm giving away any state secrets. 255 00:15:05,460 --> 00:15:09,140 You also saw fit to harangue Mr. Bodine about a paternity suit he was involved 256 00:15:09,140 --> 00:15:12,800 in, didn't you? That paternity suit took 40 points off his batting average. 257 00:15:13,060 --> 00:15:16,660 You were somewhat fixated by Val Bodine, weren't you, Mr. Hicks? I was paying 258 00:15:16,660 --> 00:15:19,000 attention. Isn't what you did a little more than that, sir? 259 00:15:19,420 --> 00:15:23,300 Isn't what you did to have kept up a nonstop barrage of verbal abuse, 260 00:15:23,300 --> 00:15:27,380 and baiting this man until on September 15th you finally provoked him into 261 00:15:27,380 --> 00:15:28,299 making a response? 262 00:15:28,300 --> 00:15:30,220 He's wasting his God -given talent. 263 00:15:30,700 --> 00:15:35,080 That's a sin by me. Look, I followed this guy's career going back to the day 264 00:15:35,080 --> 00:15:36,380 they brought him up from the minors. 265 00:15:36,580 --> 00:15:39,640 I tell the whole world, this guy's it. 266 00:15:40,300 --> 00:15:43,720 This guy, he's the difference between having and hoping. 267 00:15:43,940 --> 00:15:46,280 I stood by him because I saw something in him. 268 00:15:46,780 --> 00:15:47,980 My kid liked him. 269 00:15:48,360 --> 00:15:51,560 I liked him. We picked him as our guy. 270 00:15:51,940 --> 00:15:55,920 And when he didn't live up to that, you let him know. This lucky bastard makes 271 00:15:55,920 --> 00:15:59,300 more money playing nine innings of baseball than I do selling shoes for six 272 00:15:59,300 --> 00:16:01,140 months. You bet I told him. 273 00:16:04,080 --> 00:16:05,180 I don't know further questions. 274 00:16:11,680 --> 00:16:13,900 Doctor, would you tell us your field of expertise? 275 00:16:14,300 --> 00:16:17,900 I'm a psychiatrist specializing in the treatment of sexual disorders. 276 00:16:18,320 --> 00:16:22,100 Did you have occasion to interview the plaintiff? Yes, I did. Would you tell us 277 00:16:22,100 --> 00:16:25,240 what, if any, conclusions you reached regarding his sexual orientation? 278 00:16:25,720 --> 00:16:30,700 I found Mr. Salter to be both heterosexual and age -appropriate in his 279 00:16:30,700 --> 00:16:31,700 and sexual development. 280 00:16:32,000 --> 00:16:33,800 Doctor, are you familiar with this machine? 281 00:16:34,120 --> 00:16:36,720 Yes, I am. Would you tell us what it is and what it does? 282 00:16:37,140 --> 00:16:38,980 It's a penile plethysmograph. 283 00:16:39,480 --> 00:16:44,120 It measures the degree of arousal a man undergoes when presented with various 284 00:16:44,120 --> 00:16:46,820 stimuli, both visual and auditory. 285 00:16:47,150 --> 00:16:51,630 It operates by the use of a strain gauge placed around the shaft of the penis. 286 00:16:51,950 --> 00:16:56,150 In your opinion, doctor, was its use on this man indicated? 287 00:16:56,510 --> 00:16:59,530 It most decidedly was not indicated. 288 00:17:00,010 --> 00:17:04,650 And why do you say that? Because far less intrusive and, in my opinion, far 289 00:17:04,650 --> 00:17:09,450 reliable diagnostic techniques told you all you needed to know about this man. 290 00:17:09,670 --> 00:17:12,530 Simply put, he is not a pedophile. 291 00:17:12,990 --> 00:17:16,790 Doctor, in your opinion, does Ben Salter represent a threat to the children who 292 00:17:16,790 --> 00:17:17,790 are placed in his care? 293 00:17:18,069 --> 00:17:19,109 Absolutely not. 294 00:17:19,329 --> 00:17:20,750 Thank you. I have nothing further. 295 00:17:24,950 --> 00:17:29,450 Tell us, Doctor, is there ever an occasion when a penile plethysmograph 296 00:17:29,450 --> 00:17:33,670 indicated? If you're trying to determine an appropriate treatment modality, if 297 00:17:33,670 --> 00:17:35,690 you're designing some sort of aversion therapy. 298 00:17:36,280 --> 00:17:40,780 or if the results of other diagnostic techniques are inconclusive. But the 299 00:17:40,780 --> 00:17:45,900 results of your diagnostic techniques were conclusive. That's right. Doctor, 300 00:17:45,900 --> 00:17:49,480 administered various psychological tests to Ben Salter, did you not? 301 00:17:49,680 --> 00:17:54,140 Yes, I did. And these tests were voluntary, were they not, Doctor? You 302 00:17:54,140 --> 00:17:56,620 question, he thought about it, and he gave you an answer. 303 00:17:56,840 --> 00:18:02,020 That's right. The penile plethysmograph test measures an involuntary response, 304 00:18:02,260 --> 00:18:03,079 doesn't it, Doctor? 305 00:18:03,080 --> 00:18:07,700 Yes. So when the school's clinician got to the only test that Ben Salter 306 00:18:07,700 --> 00:18:12,520 couldn't fake and he backs off, doesn't that raise the tiniest question in your 307 00:18:12,520 --> 00:18:15,280 mind about how conclusive your diagnosis is? 308 00:18:15,580 --> 00:18:19,720 He stated his reasons, and I agree with him. Is it possible that Ben Salter 309 00:18:19,720 --> 00:18:20,720 could have fooled you, Doctor? 310 00:18:20,900 --> 00:18:23,920 I've been practicing for a long time, Mr. Colquitt. 311 00:18:24,600 --> 00:18:25,600 It's not likely. 312 00:18:25,960 --> 00:18:28,420 I asked you whether or not it were possible. 313 00:18:32,330 --> 00:18:33,330 Anything's possible. 314 00:18:34,970 --> 00:18:36,010 That's what we're afraid of. 315 00:18:36,490 --> 00:18:38,330 I have nothing further, Doctor. Thank you. 316 00:18:41,550 --> 00:18:42,550 Hey, Gwen. 317 00:18:43,090 --> 00:18:44,190 How's the bar review going? 318 00:18:44,650 --> 00:18:45,650 Fine. 319 00:18:45,890 --> 00:18:46,890 Handling the pressure? 320 00:18:49,470 --> 00:18:51,710 Hey, you all right? 321 00:18:53,490 --> 00:18:55,390 Every minute I'm awake, all I want to do is sleep. 322 00:18:55,870 --> 00:18:59,130 Every minute I try and sleep, I lie in bed, my eyes wide open, trying the hell 323 00:18:59,130 --> 00:19:04,310 to understand collateral estoppel or prior restraint or the rule against 324 00:19:04,310 --> 00:19:06,950 perpetuity. Do you understand the rule against perpetuity? 325 00:19:07,150 --> 00:19:08,490 No. Oh, great. 326 00:19:09,130 --> 00:19:10,130 Nobody does. 327 00:19:10,150 --> 00:19:12,310 How does anybody pass the bar exam? 328 00:19:12,590 --> 00:19:15,090 Quinn, you can't get hung up on what you don't know. You don't have to know 329 00:19:15,090 --> 00:19:16,090 everything. Right. 330 00:19:16,350 --> 00:19:17,350 Just enough to pass. 331 00:19:18,350 --> 00:19:19,350 That's right. 332 00:19:20,310 --> 00:19:23,630 I don't know, Arnie. Why did I ever think I could be a lawyer? What kind of 333 00:19:23,630 --> 00:19:24,630 bright idea was that? 334 00:19:24,870 --> 00:19:26,220 Hey. Come on. 335 00:19:26,440 --> 00:19:29,300 I mean, no, no, really. Did my parents want me to be a lawyer? No. 336 00:19:29,900 --> 00:19:33,000 Did I grow up watching To Kill a Mockingbird and thrill to the knowledge 337 00:19:33,000 --> 00:19:34,380 could be the next Atticus Finch? 338 00:19:34,960 --> 00:19:39,000 No. I don't even remember deciding I wanted to go to law school. I don't 339 00:19:39,000 --> 00:19:41,060 remember that. What's the worst thing that can happen? 340 00:19:41,420 --> 00:19:42,359 You fail. 341 00:19:42,360 --> 00:19:43,299 So what? 342 00:19:43,300 --> 00:19:46,660 I failed the first time I took the exam. You can take it as many times as you 343 00:19:46,660 --> 00:19:47,660 want. 344 00:19:48,100 --> 00:19:51,320 I don't think I could survive going through this one more time. 345 00:19:55,630 --> 00:19:59,050 What was your reaction when you first heard that Ben Salter was accused of 346 00:19:59,050 --> 00:20:00,490 sexually molesting a child? 347 00:20:01,090 --> 00:20:02,090 Shock. 348 00:20:02,450 --> 00:20:03,490 Complete and utter shock. 349 00:20:04,630 --> 00:20:07,010 This, after all, was someone I considered a friend. 350 00:20:07,290 --> 00:20:08,249 What did you do? 351 00:20:08,250 --> 00:20:11,710 Pending the resolution of the criminal charges, I suspended him. When the 352 00:20:11,710 --> 00:20:14,970 charges were dropped, I called him into my office to map out a plan for his 353 00:20:14,970 --> 00:20:16,810 reinstatement. Why did you need a plan? 354 00:20:17,270 --> 00:20:19,170 Why didn't you just reinstate him? 355 00:20:19,810 --> 00:20:22,830 There was a lot of concern on the part of the parents. 356 00:20:23,150 --> 00:20:24,059 That's why. 357 00:20:24,060 --> 00:20:25,760 How did you seek to address that concern? 358 00:20:26,160 --> 00:20:29,780 By conducting our own investigation of Ben, and then by being able to go to the 359 00:20:29,780 --> 00:20:31,640 parents and say he got a clean bill of health. 360 00:20:31,940 --> 00:20:36,020 And did Mr. Salter indicate to you that he was willing to cooperate with such an 361 00:20:36,020 --> 00:20:37,640 examination? Yes, he did. 362 00:20:37,920 --> 00:20:39,180 And did he in fact do so? 363 00:20:39,420 --> 00:20:40,760 Up to a point, he did. 364 00:20:41,120 --> 00:20:44,580 When it came time to use the plethysmograph, he refused. 365 00:20:45,520 --> 00:20:47,580 I had no choice but to fire him. 366 00:20:49,340 --> 00:20:51,600 Would you tell the court why you felt that to be the case? 367 00:20:52,030 --> 00:20:56,070 The question had been raised as to the advisability of letting Ben be around 368 00:20:56,070 --> 00:21:00,170 children. That question had to be settled, and it had to be settled by 369 00:21:00,410 --> 00:21:01,510 I have no further questions. 370 00:21:02,410 --> 00:21:05,870 I assume you were relieved when the charges were dropped, were you not? 371 00:21:06,590 --> 00:21:07,590 Profoundly relieved. 372 00:21:07,630 --> 00:21:10,570 You just had the problem of those parents to deal with. 373 00:21:11,030 --> 00:21:15,010 That's right. Had any of the parents actually communicated their concern over 374 00:21:15,010 --> 00:21:18,510 Mr. Salter's reinstatement? If I had reinstated him, I would have heard from 375 00:21:18,510 --> 00:21:20,070 them. Believe me. 376 00:21:20,670 --> 00:21:24,610 These people pay $7 ,000 a year to put their kids in our school. 377 00:21:24,830 --> 00:21:27,870 And you figure that entitled them to have a wire hooked up to this man's 378 00:21:27,870 --> 00:21:28,870 genitals, right? 379 00:21:29,030 --> 00:21:33,450 Objection. Sustained. What other requirements would you be willing to 380 00:21:33,450 --> 00:21:36,110 your faculty in an effort to please the parents? 381 00:21:36,430 --> 00:21:37,430 I don't know what you mean. 382 00:21:37,530 --> 00:21:39,910 What if there were a teacher that someone suspected of being gay? 383 00:21:40,150 --> 00:21:43,770 Being gay isn't a crime. What crime did Ben Salter commit? 384 00:21:44,030 --> 00:21:45,850 He was accused of molesting a child. 385 00:21:46,050 --> 00:21:47,050 What crime? 386 00:21:47,500 --> 00:21:48,500 Did he commit? 387 00:21:48,660 --> 00:21:50,680 So far as we know, he didn't commit any crime. 388 00:21:50,880 --> 00:21:52,840 Then why were you treating him like a criminal? 389 00:21:53,060 --> 00:21:57,720 I was doing my job as headmaster by protecting our students and the school 390 00:21:57,720 --> 00:21:58,720 which I was employed. 391 00:21:58,780 --> 00:22:03,520 What were you protecting the school from, Mr. Hollis? From the possibility 392 00:22:03,520 --> 00:22:08,080 being sued in case Ben Salter did commit a crime, in case he wasn't age 393 00:22:08,080 --> 00:22:10,140 -appropriate in his sexual orientation. 394 00:22:10,760 --> 00:22:14,320 In other words, this was a legal strategy, wasn't it? You were preparing 395 00:22:14,320 --> 00:22:17,540 lawsuit, and you wanted to be able to say, if anything happened, that it was 396 00:22:17,540 --> 00:22:19,140 machine's fault and not yours. 397 00:22:19,440 --> 00:22:22,860 I think that way because I have to think that way. Because lawyers like you make 398 00:22:22,860 --> 00:22:27,100 me think that way. You had a prosecutor dismiss the charges against this man. 399 00:22:27,200 --> 00:22:31,500 You had a lie detector test and a psychiatric evaluation. Both conclude 400 00:22:31,500 --> 00:22:32,620 was not a pedophile. 401 00:22:32,940 --> 00:22:35,920 And still, that wasn't enough for you. No, it wasn't. 402 00:22:36,400 --> 00:22:38,540 And it wouldn't have been enough for anyone in my position. 403 00:22:39,240 --> 00:22:41,080 Most schools would have dropped him on his head. 404 00:22:41,380 --> 00:22:45,720 I'm bending over backwards to give him back his job. I'm spending a fortune to 405 00:22:45,720 --> 00:22:49,920 employ state -of -the -art technology, and he wants to pick and choose what he 406 00:22:49,920 --> 00:22:51,020 will and will not do? 407 00:22:51,680 --> 00:22:54,680 He's lucky. I'm willing to strap him up to that machine. 408 00:22:56,440 --> 00:22:58,880 Thank you, Mr. Hollis. I have no further questions. 409 00:23:20,430 --> 00:23:23,830 Describe for us, if you will, Mr. Bodine, the first time you noticed Ed 410 00:23:24,030 --> 00:23:26,850 It was the opening day of the 1992 season. 411 00:23:27,210 --> 00:23:30,470 He was yelling at me for the mistakes he said I made back in 1991. 412 00:23:30,970 --> 00:23:32,370 I was supposed to pretend they didn't happen? 413 00:23:32,630 --> 00:23:33,630 Mr. Hicks. 414 00:23:33,670 --> 00:23:37,590 Yeah. How was it that you were able to tell from whom those remarks were 415 00:23:38,010 --> 00:23:38,929 How could I tell? 416 00:23:38,930 --> 00:23:41,330 Yeah. When other people sat down, he stood up. 417 00:23:42,410 --> 00:23:44,750 When other people got quiet, he got loud. 418 00:23:45,030 --> 00:23:46,730 When other people got loud, he got louder. 419 00:23:47,370 --> 00:23:50,710 He couldn't help but notice this guy. And did his behavior continue in a 420 00:23:50,710 --> 00:23:51,990 fashion beyond opening day? 421 00:23:52,190 --> 00:23:53,350 Yeah, how about all season long? 422 00:23:53,550 --> 00:23:57,770 What was it that caused you to go into the stand and physically assault Ed 423 00:23:57,770 --> 00:24:01,190 Hicks? I just settled this paternity suit, and it was painful. 424 00:24:01,870 --> 00:24:02,870 It was messy. 425 00:24:03,670 --> 00:24:07,310 And even though it was in the papers, when he mentioned it, I went nuts. I had 426 00:24:07,310 --> 00:24:09,770 to listen to his voice for five and a half months. 427 00:24:10,070 --> 00:24:14,710 Now, I'm sorry that it happened, but hearing him talk about my personal 428 00:24:14,830 --> 00:24:16,990 On that particular day, it was more than I could take. 429 00:24:17,330 --> 00:24:18,330 I have nothing further. 430 00:24:20,630 --> 00:24:22,410 How much money did you make last year, Val? 431 00:24:22,770 --> 00:24:26,010 Objection. Irrelevant. Hey, Judge, is it irrelevant to them? 432 00:24:26,610 --> 00:24:29,470 I'm going to allow it. Hey, way to go, Judge. 433 00:24:30,370 --> 00:24:31,229 Excuse me. 434 00:24:31,230 --> 00:24:33,430 How much, Val? I made 2 .2 million. 435 00:24:33,690 --> 00:24:35,130 2 .2 million? 436 00:24:35,930 --> 00:24:39,470 How much is that per game, do you know? 437 00:24:39,670 --> 00:24:41,450 No, I don't know. Well, let's look it up. 438 00:24:43,050 --> 00:24:45,810 162 games into 2 .2 million. 439 00:24:46,430 --> 00:24:51,870 That's, whoa, it's a little more than $13 ,580. 440 00:24:52,530 --> 00:24:56,490 There are probably 150 other guys in this league who make more money than I 441 00:24:56,590 --> 00:24:59,050 Really? It's probably 400 who had a better season. 442 00:24:59,270 --> 00:25:02,170 I was hurt. You were hurt? So what were you doing playing hurt? 443 00:25:02,390 --> 00:25:05,530 I mean, who were you helping? Objection, Your Honor. Sustained. We're not here 444 00:25:05,530 --> 00:25:08,490 to discuss Mr. Bodine's performance on the field, Mr. Hicks. 445 00:25:08,810 --> 00:25:09,810 Understood, Your Honor. 446 00:25:10,090 --> 00:25:13,130 Do you know you were called out on strikes 24 times last year? 447 00:25:13,470 --> 00:25:14,329 Objection. Mr. 448 00:25:14,330 --> 00:25:16,270 Hicks. There were some bad calls in there, Mr. 449 00:25:16,490 --> 00:25:20,470 Hicks. Let's not start crying about the ump now. Do me a favor. Gentlemen, 450 00:25:20,650 --> 00:25:23,850 enough. If you want to argue the fine points of baseball, do it on your own 451 00:25:23,850 --> 00:25:24,850 time. 452 00:25:31,750 --> 00:25:35,730 Why did you hit me, Val? 453 00:25:35,950 --> 00:25:39,030 I hit you because you wouldn't shut up. Why'd you hit me in front of my kid? 454 00:25:40,490 --> 00:25:42,130 I'm sorry. I didn't see your kid. 455 00:25:43,750 --> 00:25:44,750 Let me ask you something. 456 00:25:46,230 --> 00:25:50,890 Do you ever listen to what I'm saying? I can't help listening to it. You can't 457 00:25:50,890 --> 00:25:51,789 help hearing. 458 00:25:51,790 --> 00:25:54,670 What I'm asking is, do you ever listen? Look it. 459 00:25:55,470 --> 00:25:57,310 I've got a manager. I've got coaches. 460 00:25:57,590 --> 00:25:58,590 I've got teammates. 461 00:25:58,850 --> 00:26:00,370 I've got people. I've got friends. 462 00:26:00,630 --> 00:26:03,290 I've got enough people to listen to who actually know what they're talking 463 00:26:03,290 --> 00:26:04,930 about. I don't need to listen to you. 464 00:26:11,639 --> 00:26:15,360 My son came home from school, and right away I knew something was wrong. 465 00:26:15,740 --> 00:26:16,740 How did you know? 466 00:26:17,680 --> 00:26:20,440 Well, because I'm his mother, mothers know. 467 00:26:20,720 --> 00:26:25,740 What, if anything, did you do? I talked to him. It took a while, but he finally 468 00:26:25,740 --> 00:26:26,740 told me what was wrong. 469 00:26:27,040 --> 00:26:31,560 He told me that his teacher, Ben Salter, had molested him. Objection. Hearsay. 470 00:26:31,600 --> 00:26:35,580 This is being used to demonstrate the state of mind of the witness, Your 471 00:26:35,760 --> 00:26:36,699 I'll allow it. 472 00:26:36,700 --> 00:26:39,760 Your Honor, I want the jury instructed that this statement by the witness's 473 00:26:39,760 --> 00:26:43,140 child is being admitted solely to demonstrate the witness's state of mind 474 00:26:43,140 --> 00:26:45,660 should not be taken as fact. The jury is so advised. 475 00:26:47,040 --> 00:26:49,520 What, if anything, did you do? 476 00:26:50,440 --> 00:26:54,800 First, I called the police, and then I called the school. And you continue to 477 00:26:54,800 --> 00:26:57,560 believe that your child was molested by this man? 478 00:26:58,320 --> 00:27:02,900 Yes, I do. Despite the fact that the district attorney's office found there 479 00:27:02,900 --> 00:27:06,840 be insufficient evidence to proceed to trial. District attorneys often find 480 00:27:06,840 --> 00:27:08,880 insufficient evidence to proceed to trial. 481 00:27:09,100 --> 00:27:12,060 But that does not shake my conviction one iota. 482 00:27:12,980 --> 00:27:14,580 I believe my child. 483 00:27:15,780 --> 00:27:16,920 I have nothing further. 484 00:27:19,340 --> 00:27:22,680 Had your son ever been sexually assaulted prior to that day at school? 485 00:27:23,060 --> 00:27:26,240 Objection. Irrelevant. It's being offered to demonstrate the witness's 486 00:27:26,240 --> 00:27:28,100 mind. I'll allow it. Had he? 487 00:27:29,020 --> 00:27:31,480 Yes. Who was it that molested him that time? 488 00:27:31,880 --> 00:27:36,060 His father, my ex -husband. You first accused your ex -husband of sexual 489 00:27:36,060 --> 00:27:38,960 molestation while the two of you were in the middle of a divorce. Isn't that 490 00:27:38,960 --> 00:27:40,020 right? Yes, I did. 491 00:27:40,300 --> 00:27:42,920 That was one of the reasons he and I got a divorce. 492 00:27:43,220 --> 00:27:46,760 Tell us, was he ever tried for the crime of sexual molestation? 493 00:27:47,060 --> 00:27:48,820 No, he wasn't. Why was that? 494 00:27:49,340 --> 00:27:51,760 The district attorney felt there was insufficient evidence. 495 00:27:52,840 --> 00:27:55,540 Do you think that means that I'm crazy? 496 00:27:55,780 --> 00:27:58,960 Ask that the witness confine her remarks to answering the questions she's being 497 00:27:58,960 --> 00:28:02,640 asked. The witness will refrain from engaging in colloquy with plaintiff 498 00:28:02,640 --> 00:28:05,960 counsel. Does your son's father have visitation rights? 499 00:28:06,820 --> 00:28:07,820 Yes, he does. 500 00:28:08,000 --> 00:28:10,040 Does he have unsupervised visitation rights? 501 00:28:10,360 --> 00:28:13,920 Yes. It's safe to assume, then, is it not, that there was not only 502 00:28:13,920 --> 00:28:17,900 evidence to support a criminal prosecution, there was insufficient 503 00:28:17,900 --> 00:28:21,060 prevent him from being alone with the child you claim he molested. You can be 504 00:28:21,060 --> 00:28:25,060 sure that if it were up to me, that wouldn't be the case. Was it you or your 505 00:28:25,060 --> 00:28:28,220 -husband who wanted to keep your son enrolled at Sunny Hills? That doesn't 506 00:28:28,220 --> 00:28:31,040 anything to do with this. Ask that the witness be directed to answer the 507 00:28:31,040 --> 00:28:34,780 question. It was him. Your husband got to keep the house in Brentwood, didn't 508 00:28:34,780 --> 00:28:35,780 he? Objection! 509 00:28:36,040 --> 00:28:40,190 Overruled. It was his before we got married. You wanted to enroll your son 510 00:28:40,190 --> 00:28:44,110 school that was close to where you lived, close to where you had to move to 511 00:28:44,110 --> 00:28:46,930 because you couldn't afford a house in Brentwood. You were the one that had to 512 00:28:46,930 --> 00:28:49,890 pick him up. You were the one that had to take him to school. And the judge who 513 00:28:49,890 --> 00:28:53,590 presided over your divorce required you to keep him in Sunny Hills. The judge 514 00:28:53,590 --> 00:28:56,750 listened to your husband about that just the way you listen to your husband 515 00:28:56,750 --> 00:28:58,530 about everything else. Do you think I made it up? 516 00:28:58,890 --> 00:29:01,310 Do you think I made this whole thing up? 517 00:29:02,190 --> 00:29:03,210 These things happen. 518 00:29:04,300 --> 00:29:08,120 People's lives are ruined. Men do whatever they want to do, and lives are 519 00:29:08,120 --> 00:29:11,560 ruined. Women and children's lives are ruined. 520 00:29:11,860 --> 00:29:14,900 Did your son tell you that he'd been molested, Mrs. Hartshorn? 521 00:29:15,280 --> 00:29:16,480 Or did you tell him? 522 00:29:19,060 --> 00:29:20,160 He told me. 523 00:29:21,600 --> 00:29:23,020 And I believed him. 524 00:29:23,440 --> 00:29:24,600 I have nothing further. 525 00:29:35,150 --> 00:29:36,089 Mr. Henderson. 526 00:29:36,090 --> 00:29:37,190 Right, Tony. 527 00:29:37,390 --> 00:29:38,390 And you are? 528 00:29:38,510 --> 00:29:39,249 Gwen Taylor. 529 00:29:39,250 --> 00:29:40,530 What can I do for you, Gwen Taylor? 530 00:29:40,750 --> 00:29:44,130 I was wondering if you could recommend a tutor or an outside class or someplace 531 00:29:44,130 --> 00:29:47,430 where I can get a little extra help preparing, because otherwise I'm not 532 00:29:47,430 --> 00:29:48,329 to make it through this. 533 00:29:48,330 --> 00:29:49,630 Everybody feels that way. 534 00:29:49,870 --> 00:29:50,870 No, you don't understand. 535 00:29:51,370 --> 00:29:53,950 I don't have a law degree. I've been apprenticing. 536 00:29:54,250 --> 00:29:58,010 I haven't had a lot of practice being tested like this. I'm going under, and I 537 00:29:58,010 --> 00:29:59,190 really need some help. 538 00:29:59,430 --> 00:30:00,029 Hi, Tony. 539 00:30:00,030 --> 00:30:01,030 Hi, Cheryl. 540 00:30:01,610 --> 00:30:04,410 Are we going to cover third -party beneficiaries today? Yes, we are. 541 00:30:04,780 --> 00:30:06,220 Good, because I'm hopelessly confused. 542 00:30:06,940 --> 00:30:07,940 You see? 543 00:30:08,060 --> 00:30:09,060 You're not alone. 544 00:30:09,360 --> 00:30:12,560 Tony, I passed hopelessly confused last Tuesday. 545 00:30:13,020 --> 00:30:17,860 I learned all these mnemonics. My legs for written contracts and cope for the 546 00:30:17,860 --> 00:30:20,800 rules against perpetuities. But now I can't remember what the letters stand 547 00:30:20,860 --> 00:30:26,440 Does the E in legs stand for executor or escrow? Gwen, I will help you. You 548 00:30:26,440 --> 00:30:27,740 will? Is tomorrow night soon enough? 549 00:30:27,960 --> 00:30:31,400 Yeah. Good. Tomorrow night it is. I can't believe you have time enough to 550 00:30:31,400 --> 00:30:32,199 me. I'll make time. 551 00:30:32,200 --> 00:30:33,200 I like a challenge. 552 00:30:35,820 --> 00:30:36,820 Come on. 553 00:30:38,440 --> 00:30:42,500 Imagine that every morning you go to work, you encounter the same person. 554 00:30:42,780 --> 00:30:45,720 Wherever you are, there he is. 555 00:30:46,240 --> 00:30:49,800 And all day, every day, he yells at you. 556 00:30:50,060 --> 00:30:53,340 He reminds you of mistakes you've made. He tells you what you're not doing as 557 00:30:53,340 --> 00:30:56,320 well as you should, what opportunities you've missed, what a disappointment 558 00:30:56,320 --> 00:31:02,840 you've been. And he comments on your personal life loud enough so that 559 00:31:02,840 --> 00:31:04,360 can hear that he won't stop. 560 00:31:05,550 --> 00:31:06,550 So you try to ignore them. 561 00:31:07,210 --> 00:31:10,730 You try to concentrate on your work, and you tell yourself it's part of the job, 562 00:31:10,750 --> 00:31:11,750 it's part of the job. 563 00:31:12,110 --> 00:31:15,150 And one way or another, you manage not to lose your temper. 564 00:31:16,270 --> 00:31:17,270 Until that day. 565 00:31:18,250 --> 00:31:22,550 Until that day when the circumstances in your life are such that this guy 566 00:31:22,550 --> 00:31:25,010 yelling at you just pushes you over the edge. 567 00:31:25,870 --> 00:31:26,870 Could happen to me. 568 00:31:27,230 --> 00:31:28,230 Could happen to you. 569 00:31:28,790 --> 00:31:29,970 Could happen to him. 570 00:31:31,280 --> 00:31:35,240 Val Bodine is a professional baseball player, ladies and gentlemen. He is not 571 00:31:35,240 --> 00:31:38,760 trained bear. Yes, he's paid. He's paid very well to play baseball in front of 572 00:31:38,760 --> 00:31:42,140 people. And yes, he should be able to take the booing along with the cheering. 573 00:31:42,300 --> 00:31:47,700 But what's a little tough to take is the relentless and obsessive taunting by a 574 00:31:47,700 --> 00:31:51,560 man like Ed Hicks. I mean, just think what it would be like if it were him 575 00:31:51,560 --> 00:31:53,640 waiting for you every day at work. 576 00:31:54,200 --> 00:31:59,340 Every day for five and a half months. I ask you to imagine that right now. 577 00:32:00,680 --> 00:32:01,760 before you render your verdict. 578 00:32:10,400 --> 00:32:11,440 How do you do this? 579 00:32:13,820 --> 00:32:15,520 What am I, I'm supposed to get up here and make a speech? 580 00:32:18,020 --> 00:32:21,180 I'm going to get up here, I'm going to make a speech, and everyone's going to 581 00:32:21,180 --> 00:32:22,139 listen to me? 582 00:32:22,140 --> 00:32:23,140 That's pretty good. 583 00:32:24,060 --> 00:32:25,280 Doesn't happen to me very often. 584 00:32:26,060 --> 00:32:27,820 I mean, when you were a kid. 585 00:32:28,540 --> 00:32:32,280 You dream everybody will listen to you. You dream about being center of 586 00:32:32,280 --> 00:32:33,280 attention. 587 00:32:33,540 --> 00:32:35,460 You dream big. 588 00:32:35,760 --> 00:32:41,720 You dream you'll be a senator or a movie star or a baseball player. 589 00:32:44,020 --> 00:32:47,060 You don't dream you're going to sell shoes. That's just something you wind up 590 00:32:47,060 --> 00:32:50,900 doing. That and watching baseball games. 591 00:32:54,940 --> 00:32:57,100 Time spans still at a baseball game. 592 00:32:58,460 --> 00:32:59,460 There's no clock. 593 00:32:59,680 --> 00:33:01,060 Who you are doesn't matter. 594 00:33:01,260 --> 00:33:03,520 Anybody can go if you come up with the money. 595 00:33:03,720 --> 00:33:07,700 All right, so maybe it sounds stupid, but 12 % of my take -home pay goes to 596 00:33:07,700 --> 00:33:08,499 the tickets. 597 00:33:08,500 --> 00:33:11,260 I used to go with my father, and now my son goes with me. 598 00:33:13,600 --> 00:33:18,100 I'm a nervous, overweight guy who drives an hour and a half back and forth to 599 00:33:18,100 --> 00:33:21,420 work to make $37 .5 a year selling shoes. 600 00:33:22,120 --> 00:33:24,980 I mean, my kid's not going to yell from the rooftops about what his old man does 601 00:33:24,980 --> 00:33:25,789 for a living. 602 00:33:25,790 --> 00:33:29,610 He's got nothing to brag about in that department. He's stuck with me. So I 603 00:33:29,610 --> 00:33:31,970 him to the baseball game, and I make a lot of noise. 604 00:33:33,050 --> 00:33:38,590 So my kid will see that I love something, and he'll love that thing 605 00:33:39,430 --> 00:33:44,210 All right, you may not believe this, but when we're at the ballgame, I am a real 606 00:33:44,210 --> 00:33:45,610 big shot to my kid. 607 00:33:47,930 --> 00:33:50,370 Nobody knows the game better. Nobody yells louder. 608 00:33:50,710 --> 00:33:52,730 And I may not be a lot, but it's something. 609 00:33:55,470 --> 00:33:56,470 It is something. 610 00:34:24,909 --> 00:34:30,050 Mr. Salter, to take this test, the penioplasismograph, much has been made 611 00:34:30,050 --> 00:34:34,230 test's invasiveness. We all feel discomfort at hearing it described and 612 00:34:34,230 --> 00:34:35,989 imagining it administered to ourselves. 613 00:34:36,850 --> 00:34:40,989 Admittedly, it's hard to view it as anything other than a violation of one's 614 00:34:40,989 --> 00:34:41,989 privacy. 615 00:34:42,570 --> 00:34:45,330 I would urge you to keep one thing in perspective, though. 616 00:34:46,370 --> 00:34:50,610 It's not as much a violation as being sexually molested, and that, ladies and 617 00:34:50,610 --> 00:34:52,350 gentlemen, is what we are talking about. 618 00:34:52,750 --> 00:34:58,050 If a school had any basis to suspect one of its teachers of molesting children 619 00:34:58,050 --> 00:35:03,430 sexually, and they did not do anything they could to prevent that, the next 620 00:35:03,430 --> 00:35:07,210 sound you would hear would be the snapping open of attorney's briefcases, 621 00:35:07,210 --> 00:35:09,590 -bent on suing that school for all it's worth. 622 00:35:09,830 --> 00:35:14,390 The penile plethysmograph is the fastest means we have of breaking through a 623 00:35:14,390 --> 00:35:15,390 suspect's denial. 624 00:35:16,130 --> 00:35:21,710 Its results may not be conclusive, but they definitely give us a piece of the 625 00:35:21,710 --> 00:35:26,810 puzzle. They enable us to identify who is a threat to our children. 626 00:35:28,290 --> 00:35:34,350 If any of you, if you or if someone close to you was sexually abused as a 627 00:35:34,530 --> 00:35:37,550 you understand the enormity of that threat. 628 00:35:37,770 --> 00:35:42,130 And the momentary discomfort or embarrassment that Ben Salter may go 629 00:35:42,130 --> 00:35:48,070 a result of this test pales in significance when compared to the misery 630 00:35:48,070 --> 00:35:49,070 pain. 631 00:35:49,550 --> 00:35:53,790 that a victim of sexual abuse carries with them the rest of their life. 632 00:35:54,950 --> 00:35:56,990 I would urge you to render your verdict accordingly. 633 00:36:01,370 --> 00:36:05,590 Ladies and gentlemen, I am not here to defend the sexual abuse of children. 634 00:36:06,610 --> 00:36:10,690 My adversary has done his level best, however, to make it appear that I am. 635 00:36:12,360 --> 00:36:17,040 He knows that if you are sufficiently caught up in the drumbeat of fear and 636 00:36:17,040 --> 00:36:21,100 suspicion, you won't bother to distinguish between that which has been 637 00:36:21,100 --> 00:36:23,380 and that which has been proven. 638 00:36:23,920 --> 00:36:26,800 And if you don't bother to do that, he wins. 639 00:36:30,160 --> 00:36:32,340 This case terrifies me. 640 00:36:33,000 --> 00:36:36,800 I look at what happened to Ben Salter, and I understand how it was that women 641 00:36:36,800 --> 00:36:38,820 called witches were burned at the stake. 642 00:36:39,660 --> 00:36:44,540 A person stands accused of that which we as a society revile and condemn. 643 00:36:44,760 --> 00:36:48,680 He refuses to have wires attached to his body. 644 00:36:49,360 --> 00:36:55,080 Wires which bypass the conscious mind, which measure not guilt or innocence, 645 00:36:55,080 --> 00:37:00,420 the physiology of some disembodied part of his anatomy as if that defines who he 646 00:37:00,420 --> 00:37:06,420 is. As a result, he loses his job and has his reputation ruined. Does it 647 00:37:06,420 --> 00:37:10,720 him? to suffer whatever ordeal is put in front of him in order to undo that, 648 00:37:10,880 --> 00:37:16,100 only if you're willing to scrap the Constitution and cast out the most basic 649 00:37:16,100 --> 00:37:19,900 tenet of our judicial system, innocent until proven guilty. 650 00:37:20,380 --> 00:37:25,260 This is not a case about child abuse, ladies and gentlemen. It's a case about 651 00:37:25,260 --> 00:37:30,240 innocent man fighting for his right to hold on to the last shred of what it 652 00:37:30,240 --> 00:37:31,240 means to be human. 653 00:37:43,860 --> 00:37:44,860 Hi. Hi. 654 00:37:47,120 --> 00:37:48,120 How you doing? 655 00:37:48,540 --> 00:37:49,540 Okay. 656 00:37:51,440 --> 00:37:52,540 How's the bar review going? 657 00:37:52,800 --> 00:37:53,800 Okay. 658 00:37:54,500 --> 00:37:55,500 How's Lucy? 659 00:37:55,700 --> 00:37:56,700 She's great. 660 00:37:56,820 --> 00:38:03,340 I was thinking about her, and I was thinking about what you said the other 661 00:38:03,480 --> 00:38:06,100 Gwen, this really can't wait until after the bar. 662 00:38:06,300 --> 00:38:07,360 I don't think it should. 663 00:38:08,420 --> 00:38:11,580 I don't think I can be. 664 00:38:12,880 --> 00:38:17,500 The constant that she needs in her life, Daniel. And the truth is that I don't 665 00:38:17,500 --> 00:38:20,320 think I can be the constant you need either. 666 00:38:23,280 --> 00:38:24,280 So? 667 00:38:28,280 --> 00:38:34,940 I thought this would feel 668 00:38:34,940 --> 00:38:38,900 terrible, but at least be a relief, and instead it just... 669 00:38:48,230 --> 00:38:49,230 So am I. 670 00:38:51,190 --> 00:38:52,630 Has the jury reached a verdict? 671 00:38:54,570 --> 00:38:56,470 We have, Your Honor. What say you? 672 00:38:57,730 --> 00:39:01,670 We fine for the plaintiff, Edward Hicks, and award the sum of $1 in damages. 673 00:39:02,370 --> 00:39:03,470 So say you all. 674 00:39:04,690 --> 00:39:06,270 $1? Mr. Hicks. 675 00:39:06,870 --> 00:39:09,790 That'll give IQ tests for jury duty, do they? Mr. 676 00:39:10,030 --> 00:39:12,470 Hicks. Hey, moron. Here's a question for you. 677 00:39:13,210 --> 00:39:16,990 How can he be guilty and only owe one dollar? Listen to me, Mr. Hicks. If I 678 00:39:16,990 --> 00:39:19,330 you a dollar, do I get to beat you up? Mr. Hicks! 679 00:39:19,870 --> 00:39:22,730 If you don't stop haranguing the jury, I'm going to have the officer of the 680 00:39:22,730 --> 00:39:24,070 court place you under arrest. 681 00:39:24,730 --> 00:39:28,510 The jury's dismissed with the thanks of the court. 682 00:39:29,010 --> 00:39:30,050 The court's adjourned. 683 00:39:34,030 --> 00:39:34,988 Hey, Ed. 684 00:39:34,990 --> 00:39:35,990 Ed! What? 685 00:39:36,210 --> 00:39:38,390 What, you want to rub my nose in it? You want to beat me up again? 686 00:39:38,630 --> 00:39:40,270 The jury already did that. Hey, Val. 687 00:39:41,020 --> 00:39:43,740 Are you sure this is going to be constructed? Jonathan, I got a little 688 00:39:43,740 --> 00:39:46,600 to take care of with this man. What kind of business? 689 00:39:47,140 --> 00:39:48,180 I want to give you something. 690 00:39:48,860 --> 00:39:51,320 You're going to give me the dollar? No, I'm not going to give you the dollar. 691 00:39:51,820 --> 00:39:53,140 I want to give you this for your boy. 692 00:39:54,660 --> 00:39:55,660 What's it for? 693 00:39:56,460 --> 00:39:57,900 You showed me something yesterday. 694 00:39:58,800 --> 00:40:01,320 I thought you were just a pain in the ass, which you are. 695 00:40:01,960 --> 00:40:06,160 But you're more than that. You love the game. You love your kid. 696 00:40:06,700 --> 00:40:07,960 And I respect you for that. 697 00:40:08,640 --> 00:40:10,620 I'd like it if you realized that I'm a human being. 698 00:40:11,020 --> 00:40:12,020 And respect me, too. 699 00:40:15,920 --> 00:40:16,960 Is that the real deal? 700 00:40:17,820 --> 00:40:19,260 I used it all last season. 701 00:40:19,640 --> 00:40:21,780 Including when you blew the double play against the Astros? 702 00:40:22,500 --> 00:40:23,500 Including then. 703 00:40:26,220 --> 00:40:27,220 Thanks. 704 00:40:27,880 --> 00:40:28,980 I mean a lot to him. 705 00:40:31,540 --> 00:40:34,040 It means a lot to me. 706 00:40:40,560 --> 00:40:41,800 Hey, sorry I beat you up. 707 00:40:42,640 --> 00:40:43,640 I lived. 708 00:40:44,800 --> 00:40:45,880 See you at the ballpark? 709 00:40:46,840 --> 00:40:47,840 Count it! 710 00:40:51,080 --> 00:40:53,740 Would the foreperson please read the verdict? 711 00:40:55,720 --> 00:40:57,780 We, the jury, in the matter of Salto v. 712 00:40:58,000 --> 00:41:03,140 Sunny Hill School, fine for the plaintiff and award $250 ,000 in 713 00:41:03,500 --> 00:41:08,000 The court hereby orders the plaintiff be reinstated. The jury is discharged with 714 00:41:08,000 --> 00:41:09,000 thanks to the court. 715 00:41:09,210 --> 00:41:10,230 This court is adjourned. 716 00:41:11,690 --> 00:41:13,090 I think we need to talk. 717 00:41:16,110 --> 00:41:18,030 I'm not worried about the monetary damages. 718 00:41:18,350 --> 00:41:20,250 They'll be covered by our insurance carrier. 719 00:41:22,410 --> 00:41:25,590 The problem comes with reinstating you. 720 00:41:26,030 --> 00:41:29,670 What is it you're asking, Mr. Hollis? I'm asking for you to teach someplace 721 00:41:29,670 --> 00:41:30,670 else. 722 00:41:31,330 --> 00:41:34,110 Now, why would I want to do that? Because it'll be a hell of a lot more 723 00:41:34,110 --> 00:41:35,610 comfortable for you someplace else. 724 00:41:37,870 --> 00:41:39,550 I'm telling you this as a friend, Ben. 725 00:41:40,470 --> 00:41:42,710 There are quite a few parents that don't want you back. 726 00:41:42,970 --> 00:41:46,630 They've said to me that if you do come back, they want absolute assurances that 727 00:41:46,630 --> 00:41:48,210 you won't be alone with their children. 728 00:41:48,570 --> 00:41:50,690 I'm going to have to put a monitor in your classrooms. 729 00:41:51,030 --> 00:41:54,130 You do that and I'll have you back in court so fast your head will spin. 730 00:41:54,530 --> 00:41:58,950 The judge's order calls for his reinstatement, period. No conditions, no 731 00:41:58,950 --> 00:42:02,270 qualifications, no holding him out to be someone who can't be trusted. 732 00:42:02,570 --> 00:42:04,250 She's right, Richard. You can't do that. 733 00:42:09,360 --> 00:42:10,380 Is it worth it, Ben? 734 00:42:13,820 --> 00:42:17,740 I'm going to be in room nine Monday morning, Richard. I expect to have a 735 00:42:17,740 --> 00:42:18,960 grade class in there as well. 736 00:42:20,220 --> 00:42:21,960 You want to have a second grade class in there? 737 00:42:22,580 --> 00:42:25,200 Then you call the parents of those second graders and tell them they have 738 00:42:25,200 --> 00:42:26,200 nothing to worry about. 739 00:42:26,380 --> 00:42:29,040 Tell them that no matter what their fears are, if they want to continue to 740 00:42:29,040 --> 00:42:32,180 their kids to Sunny Hills, you're going to be their teacher. Do you want to tell 741 00:42:32,180 --> 00:42:32,718 them that? 742 00:42:32,720 --> 00:42:34,540 No, because that's your job. 743 00:42:35,690 --> 00:42:38,670 That's what you have to tell them. You have to tell them. You have to stand up 744 00:42:38,670 --> 00:42:42,410 and say that Ben Salter is coming back to teach because Ben Salter's done 745 00:42:42,410 --> 00:42:43,269 nothing wrong. 746 00:42:43,270 --> 00:42:44,450 He's not a child molester. 747 00:42:45,090 --> 00:42:47,410 He's not a suspected child molester. He's a teacher. 748 00:42:48,690 --> 00:42:49,690 He's a good teacher. 749 00:42:51,870 --> 00:42:55,390 It appears as though I have no choice, so... Okay. 750 00:43:01,790 --> 00:43:03,210 For what it's worth, though... 751 00:43:04,460 --> 00:43:05,660 I think you're going to be miserable. 752 00:43:07,240 --> 00:43:08,840 You're telling me that as a friend? 753 00:43:13,400 --> 00:43:14,400 Okay. 754 00:43:21,680 --> 00:43:24,260 You get in under the exclusionary rule. 755 00:43:25,020 --> 00:43:26,020 How? 756 00:43:28,740 --> 00:43:30,460 Independent source. Independent source. 757 00:43:32,400 --> 00:43:34,220 Intervening act of free will. 758 00:43:34,480 --> 00:43:36,000 Intervening act of free will by the defendant. 759 00:43:36,540 --> 00:43:37,540 Inevitable discovery. 760 00:43:37,660 --> 00:43:39,760 Live witness testimony and court ID. 761 00:43:39,980 --> 00:43:43,580 Good. And remember, if the exclusionary rule is on the essay question... Mention 762 00:43:43,580 --> 00:43:46,840 the exceptions, whether they're relevant or not, get in that I know what they 763 00:43:46,840 --> 00:43:47,840 are. Right. 764 00:43:48,200 --> 00:43:50,080 Okay, how about the rule against perpetuities? 765 00:43:50,300 --> 00:43:51,780 The rule against perpetuities. 766 00:43:52,200 --> 00:43:53,200 Cope. 767 00:43:53,660 --> 00:43:57,600 Contingent remainders. Option to purchase land. Powers of appointment. 768 00:43:58,120 --> 00:43:59,120 Oh. 769 00:43:59,640 --> 00:44:00,598 Executor interest. 770 00:44:00,600 --> 00:44:03,320 You love those mnemonics, don't you? Yeah, they make me feel more secure. 771 00:44:04,100 --> 00:44:08,960 I really, I want to thank you for taking the time to help me. I feel calmer now 772 00:44:08,960 --> 00:44:12,240 than I have in the last few weeks. And there was a moment back there when I 773 00:44:12,240 --> 00:44:15,000 actually pictured myself as a lawyer. It was really great. 774 00:44:18,440 --> 00:44:21,000 I can't believe I did that. 775 00:44:22,520 --> 00:44:28,580 I can't believe I did that. 776 00:44:29,440 --> 00:44:30,920 Why did you do that? 777 00:44:33,180 --> 00:44:34,180 I don't know. 778 00:44:35,900 --> 00:44:40,840 I, um... I felt like I was standing outside myself watching me kiss you. 779 00:44:41,580 --> 00:44:43,700 Look, it's late. We're both tired. It's okay. 780 00:44:43,900 --> 00:44:46,480 I never do things like that. It's totally out of character for me. 781 00:44:50,820 --> 00:44:52,640 Why don't we just get back to work? 782 00:44:53,360 --> 00:44:54,980 As long as you're sure you're okay. 783 00:44:55,900 --> 00:44:58,300 And you forgive me for being so out of line. 784 00:44:59,600 --> 00:45:00,780 Yeah, I'm okay. 785 00:45:01,000 --> 00:45:02,560 And I'm, yeah, I forgive you. 786 00:45:03,780 --> 00:45:04,780 All right. 787 00:45:07,460 --> 00:45:10,140 Okay, statute of frauds. What contracts need to be in writing? 788 00:45:10,360 --> 00:45:11,700 All right, all right. 789 00:45:12,080 --> 00:45:13,800 Where the consideration is marriage. 790 00:45:14,360 --> 00:45:17,460 Where the duration of the contract is more than a year. 791 00:45:17,860 --> 00:45:19,020 Surety ship, land. 792 00:45:19,620 --> 00:45:25,920 For the sale of goods valued at more than $500. And for an executor to pay 793 00:45:25,920 --> 00:45:26,920 debts of an estate.