1 00:00:02,320 --> 00:00:04,960 Attorney visit for inmate C -77015. 2 00:00:48,360 --> 00:00:50,600 Is that really necessary for a non -contact visit? 3 00:00:50,880 --> 00:00:51,920 It's a procedure, sir. 4 00:01:16,400 --> 00:01:17,720 asked to communicate something to you. 5 00:01:18,580 --> 00:01:22,360 The state of California might be willing to consider a transfer to Folsom Prison 6 00:01:22,360 --> 00:01:24,500 in return for you dropping the suit. 7 00:01:25,240 --> 00:01:27,100 Might be willing to consider it, huh? Right. 8 00:01:27,940 --> 00:01:29,460 Does that mean they think we might win? 9 00:01:30,280 --> 00:01:33,460 It might mean that. It might mean they'd rather not litigate this until after 10 00:01:33,460 --> 00:01:34,460 the elections. 11 00:01:34,540 --> 00:01:37,040 It might mean they want to turn the other prisoners here against you. 12 00:01:37,300 --> 00:01:38,480 Have they changed the trial date? 13 00:01:38,680 --> 00:01:39,680 No. 14 00:01:40,080 --> 00:01:41,980 They're still flying me out to Los Angeles today. 15 00:01:42,640 --> 00:01:44,060 If you elect to go to trial. 16 00:01:44,810 --> 00:01:47,790 They'll fly you down to Los Angeles and we will go to trial. 17 00:01:48,910 --> 00:01:50,850 Well, please tell them that I elect to go to trial. 18 00:03:51,070 --> 00:03:55,030 Padret versus the California Department of Correction. Yeah, that's mine. 19 00:03:55,410 --> 00:04:00,250 Tom Padret is incarcerated at the security housing unit at China Lake. A 20 00:04:00,250 --> 00:04:03,890 -of -the -art, super -maximum security prison. We're suing to have it shut 21 00:04:04,090 --> 00:04:05,090 On what grounds? 22 00:04:05,170 --> 00:04:08,470 On the grounds that the prisoners there are being kept so totally isolated that 23 00:04:08,470 --> 00:04:09,470 they're being driven insane. 24 00:04:09,510 --> 00:04:12,450 There are no windows, no sunlight, no interaction with other prisoners. 25 00:04:13,070 --> 00:04:14,350 Literally, they are going mad. 26 00:04:14,570 --> 00:04:18,390 Sounds like the perfect environment to reflect on one's past sins and catch up 27 00:04:18,390 --> 00:04:19,319 on one's reading. 28 00:04:19,320 --> 00:04:21,980 How are we so fortunate as to have this one fall into our laps? 29 00:04:22,320 --> 00:04:24,860 Prisoners' Rights Group contacted me. Shall we continue? 30 00:04:25,140 --> 00:04:28,960 Golden Pines Retirement Community versus Carr, Nordoff, and Croft. This one's 31 00:04:28,960 --> 00:04:32,700 mine. The retirement community seeking to evict three senior citizens because 32 00:04:32,700 --> 00:04:34,240 they're participating in a drug experiment. 33 00:04:34,620 --> 00:04:37,140 What kind of drug? They're wearing testosterone patches. 34 00:04:37,380 --> 00:04:41,460 The administrator of the facility claims that they become overly libidinous and 35 00:04:41,460 --> 00:04:43,360 disruptive as a result. A patch? 36 00:04:43,580 --> 00:04:48,100 How ingenious that is. It allows you to control the ebb and flow, so to speak. 37 00:04:49,420 --> 00:04:52,940 A poker game with the boys, you take it off. A weekend up at the San Ysidro 38 00:04:52,940 --> 00:04:55,420 Ranch with a tootsie, you put it on. 39 00:04:56,000 --> 00:04:57,240 What are you looking at me for? 40 00:04:57,500 --> 00:04:58,500 No reason. 41 00:05:00,380 --> 00:05:03,460 We also have the issue of staffing to discuss. 42 00:05:03,700 --> 00:05:07,080 Yes, we do. We've cut through all the potential candidates under consideration 43 00:05:07,080 --> 00:05:08,080 from the past. 44 00:05:08,120 --> 00:05:12,500 Resumes, recommendations, favors and the like. And it pretty much narrows down 45 00:05:12,500 --> 00:05:13,159 to two. 46 00:05:13,160 --> 00:05:16,800 Inez Garcia and Patrick Flanagan. Patrick Flanagan's a contender? 47 00:05:17,020 --> 00:05:18,020 Yes, he is. 48 00:05:18,120 --> 00:05:21,120 I've told you about my experience with him. Yes, you have. And we should 49 00:05:21,120 --> 00:05:24,760 certainly factor that into the decision -making process, which I would ask we 50 00:05:24,760 --> 00:05:28,280 conclude by the end of the week. And with that, we're adjourned. 51 00:05:34,320 --> 00:05:36,760 Don't we have something to talk about, you and I? 52 00:05:37,340 --> 00:05:38,840 No. What do you mean, no? 53 00:05:39,540 --> 00:05:40,980 You kissed me on the mouth. 54 00:05:41,320 --> 00:05:43,420 Yes, I was upset. 55 00:05:44,240 --> 00:05:46,160 Does that mean you regret having done it? 56 00:05:46,510 --> 00:05:51,130 It means that it was a transitory impulse and I acted on it and now it's 57 00:05:51,890 --> 00:05:53,670 What can I do to make it come back? 58 00:05:55,150 --> 00:05:56,430 You can't do anything. 59 00:06:00,590 --> 00:06:04,350 You little temptress. 60 00:06:05,330 --> 00:06:06,850 I'd like to see you beg. 61 00:06:12,110 --> 00:06:13,230 What are my chances? 62 00:06:13,920 --> 00:06:15,800 I'd say they're pretty good. You think so? 63 00:06:16,060 --> 00:06:19,920 Yeah. You graduated in the top 5 % of your law school class. You've got great 64 00:06:19,920 --> 00:06:20,920 experience. 65 00:06:21,380 --> 00:06:22,580 Plus, you know me. 66 00:06:22,920 --> 00:06:23,920 My interview is Thursday. 67 00:06:24,240 --> 00:06:25,240 Great. Will you be in the room? 68 00:06:25,440 --> 00:06:26,880 I can't be. I'm sponsoring you. 69 00:06:27,100 --> 00:06:28,100 Too bad. 70 00:06:28,200 --> 00:06:29,200 Oh, you'll do fine. 71 00:06:29,340 --> 00:06:30,340 I'm nervous. 72 00:06:30,640 --> 00:06:32,700 I'm not used to being around places like this. 73 00:06:33,020 --> 00:06:34,740 Yeah, well, you can get used to it, let me tell you. 74 00:06:35,260 --> 00:06:36,260 I'm sure you can. 75 00:06:37,040 --> 00:06:40,640 I'll see you Thursday when you come in. Maybe we can have lunch together or 76 00:06:40,640 --> 00:06:43,320 something. I appreciate you doing this, Daniel. 77 00:06:43,770 --> 00:06:45,670 It is. I've known you since you were born. 78 00:06:46,070 --> 00:06:48,030 Who are you going to come to for a job if not me? 79 00:06:50,710 --> 00:06:55,030 Would you state your occupation, Mr. Overvault? I am the administrator of the 80 00:06:55,030 --> 00:06:57,030 Golden Pines Retirement Village. 81 00:06:57,310 --> 00:07:00,910 You've instituted eviction proceedings against Mr. Carr, Mr. Nordoff, and Mr. 82 00:07:01,050 --> 00:07:02,050 Croft. Is that right? 83 00:07:02,130 --> 00:07:05,130 Yes, it is. For the record, would you state your reason for doing so? 84 00:07:05,370 --> 00:07:09,410 They are participating in the clinical trials of a testosterone patch. 85 00:07:10,570 --> 00:07:12,370 Consequently, they've become disruptive. 86 00:07:12,890 --> 00:07:16,130 Do you ever see one? Harold? No, I haven't. Boys? 87 00:07:18,710 --> 00:07:19,710 My, my. 88 00:07:19,910 --> 00:07:21,390 I like a nicotine patch. 89 00:07:21,670 --> 00:07:26,450 Only these get you to start smoking. Can we return to the matter at hand? What 90 00:07:26,450 --> 00:07:29,950 specifically do these gentlemen do, Mr. Overvault? They wear tight pants. 91 00:07:30,510 --> 00:07:33,650 They stage golf cart races. They get into fist fights. 92 00:07:33,890 --> 00:07:36,690 And they engage in blatantly promiscuous behavior. 93 00:07:36,970 --> 00:07:40,210 What's the ratio of women to men in your community, Mr. Overvault? 94 00:07:40,820 --> 00:07:44,900 Approximately five to one. Is it possible that what you characterize as 95 00:07:44,900 --> 00:07:49,360 promiscuity is nothing more than the laws of supply and demand at work? I 96 00:07:49,360 --> 00:07:55,000 just refer to promiscuity, Mr. Brackman. I referred to blatant promiscuity. We 97 00:07:55,000 --> 00:07:58,220 are talking about necking. We are talking about swapping. 98 00:07:58,880 --> 00:08:03,720 We are talking about public displays of highly salacious behavior. 99 00:08:04,200 --> 00:08:07,800 Is it fair to say, Mr. Oberwald, that you find the idea of senior citizens 100 00:08:07,800 --> 00:08:08,800 sexually active? 101 00:08:09,160 --> 00:08:14,160 Personally repugnant? No. That which seniors do privately and discreetly is 102 00:08:14,160 --> 00:08:15,580 no concern to me whatsoever. 103 00:08:16,060 --> 00:08:21,220 That which destroys the tranquility of our community, that which violates our 104 00:08:21,220 --> 00:08:24,000 bylaws, is of great concern to me. 105 00:08:24,240 --> 00:08:25,480 You have any more in need of us, Douglas? 106 00:08:25,940 --> 00:08:29,520 Nope. Let's split. I've had about all I can take of this little windbag. 107 00:08:29,760 --> 00:08:31,580 We're not giving up our patches. 108 00:08:32,190 --> 00:08:37,049 Monroe. And we're not moving out. Your depositions start tomorrow, gentlemen. 109 00:08:37,350 --> 00:08:39,010 We'll be here, doll. 110 00:08:39,789 --> 00:08:41,909 You little vixen, you. 111 00:08:50,850 --> 00:08:56,230 Padraic, how long have you been incarcerated in the security housing 112 00:08:56,230 --> 00:08:58,530 China Lake Penitentiary? Three years and four months. 113 00:08:58,830 --> 00:09:00,250 Would you describe yourself for us? 114 00:09:01,390 --> 00:09:02,830 It's eight feet by ten feet. 115 00:09:03,750 --> 00:09:05,310 There's a bed, a sink, and a toilet. 116 00:09:06,070 --> 00:09:10,170 There's a shelf above my bed with ten unbound sheets of white writing paper, a 117 00:09:10,170 --> 00:09:14,150 plastic ink cartridge, and there's a magazine with a staples removed and one 118 00:09:14,150 --> 00:09:15,150 book. 119 00:09:15,370 --> 00:09:20,650 On a shelf above the sink, there's one roll of toilet paper and one bar of 120 00:09:20,930 --> 00:09:22,970 How many hours a day do you spend in the cell? 121 00:09:23,230 --> 00:09:24,230 Twenty -two and a half. 122 00:09:24,410 --> 00:09:26,610 And where are you during the period of time that you're not in the cell? 123 00:09:26,870 --> 00:09:27,870 I'm in the dog run. 124 00:09:28,070 --> 00:09:29,510 Would you describe for us... 125 00:09:29,740 --> 00:09:30,940 What the dog run is? 126 00:09:31,180 --> 00:09:34,120 It's a concrete yard, 12 feet by 30 feet. 127 00:09:34,320 --> 00:09:37,140 Would you describe for us the process by which you're taken in and out of your 128 00:09:37,140 --> 00:09:38,520 cell in order to go to the yard? 129 00:09:38,720 --> 00:09:40,480 You're handcuffed through a slot in your cell door. 130 00:09:41,280 --> 00:09:43,780 The control booth officer opens the door. 131 00:09:44,540 --> 00:09:46,480 An assault rifle is pointed at you. 132 00:09:47,300 --> 00:09:48,740 And then you remove all your clothes. 133 00:09:49,220 --> 00:09:53,400 Another officer looks inside your mouth, behind your testicles, and they shine a 134 00:09:53,400 --> 00:09:56,880 flashlight up your rectum. And this happens each and every time that you're 135 00:09:56,880 --> 00:09:57,880 taken in and out of the cell? 136 00:09:58,020 --> 00:09:59,020 Yes, sir. 137 00:09:59,420 --> 00:10:02,980 Is there ever a time, Mr. Padret, when the prisoners are permitted to interact 138 00:10:02,980 --> 00:10:03,959 with other prisoners? 139 00:10:03,960 --> 00:10:06,640 No, the prisoners can talk to the other prisoners through the walls of their 140 00:10:06,640 --> 00:10:09,400 cells, but they're not permitted to see the other prisoners. 141 00:10:09,660 --> 00:10:13,140 And what effect, if any, have you observed the conditions to have on the 142 00:10:13,140 --> 00:10:14,480 prisoners? Objection. 143 00:10:15,120 --> 00:10:19,080 The witness has no medical or psychological expertise. He's in no 144 00:10:19,080 --> 00:10:21,020 answer that question. The witness is being asked for his observation. 145 00:10:21,440 --> 00:10:22,440 Lord, oh, Lord. 146 00:10:22,900 --> 00:10:23,900 Mr. Padret? 147 00:10:25,660 --> 00:10:26,760 Well, some of them scream. 148 00:10:27,700 --> 00:10:28,700 Some cry. 149 00:10:29,790 --> 00:10:33,950 Two weeks ago, one of them killed himself by swallowing a showerhead. And 150 00:10:33,950 --> 00:10:34,949 they affect you? 151 00:10:34,950 --> 00:10:37,090 I don't sleep more than a half hour at a time. 152 00:10:37,850 --> 00:10:40,990 And I think in a very precise, controlled manner. 153 00:10:42,630 --> 00:10:44,830 I work very hard at keeping myself sane. 154 00:10:45,970 --> 00:10:48,070 I don't believe I'll be able to do that much longer. 155 00:10:48,590 --> 00:10:49,590 I have no further questions. 156 00:10:51,670 --> 00:10:53,270 Who's Michael Sheehy, Mr. Patrick? 157 00:10:54,210 --> 00:10:56,090 He was a prisoner at Vacaville State Prison. 158 00:10:56,870 --> 00:10:58,590 He was a prisoner that you killed, was he not? 159 00:10:59,200 --> 00:11:01,480 Yes. Would you describe to us how you killed him? 160 00:11:01,880 --> 00:11:03,380 I beat him to death with a mop bucket. 161 00:11:03,660 --> 00:11:05,760 And who was James Wiley? 162 00:11:06,080 --> 00:11:07,500 He was a prisoner at San Quentin. 163 00:11:08,220 --> 00:11:09,460 You killed him too, didn't you? 164 00:11:09,780 --> 00:11:11,780 Yes. Would you describe to us how you killed him? 165 00:11:12,100 --> 00:11:13,300 I stabbed him in the heart. 166 00:11:13,780 --> 00:11:17,220 Would you describe for us how you got the knife you used? 167 00:11:17,780 --> 00:11:22,660 I melted down some candy wrappers, waited till they hardened into plastic, 168 00:11:22,660 --> 00:11:26,620 then I shaped that into a knife. And it's your testimony that you are not a 169 00:11:26,620 --> 00:11:27,960 security risk, Mr. Patrick? 170 00:11:28,320 --> 00:11:30,140 Michael Sheehy sexually assaulted me. 171 00:11:31,020 --> 00:11:33,880 James O 'Wiley put out a rumor that I was an informant. 172 00:11:34,380 --> 00:11:38,420 In both of these cases, my killing these men was necessary for my survival. I'll 173 00:11:38,420 --> 00:11:39,680 ask you again, Mr. Padret. 174 00:11:39,940 --> 00:11:44,400 Is it your testimony that you are not a security risk? 175 00:11:45,340 --> 00:11:47,940 If I'm such a security risk, then you should kill me. 176 00:11:49,180 --> 00:11:52,680 You should just strap me in the chair, drop in the pellets, and put me down. 177 00:11:54,060 --> 00:11:56,680 But I do not believe the prison authority has the right. 178 00:11:57,160 --> 00:12:01,320 to systematically destroy my mind and the minds of the other men incarcerated 179 00:12:01,320 --> 00:12:02,320 the SHU. 180 00:12:02,780 --> 00:12:06,540 I do not believe that they have the right to drive us insane. 181 00:12:13,820 --> 00:12:20,820 Douglas, where do we stand with the interviews? 182 00:12:21,600 --> 00:12:23,880 Padre's coming in today. I know he's coming in tomorrow. 183 00:12:25,450 --> 00:12:27,490 It seems as though they're both good candidates. 184 00:12:27,710 --> 00:12:31,330 I agree. Although I'd probably give the edge to the girl. Would you? She's 185 00:12:31,330 --> 00:12:32,330 clerked for a federal judge. 186 00:12:32,470 --> 00:12:33,790 She's worked in the state legislature. 187 00:12:34,050 --> 00:12:37,250 She's handled a number of major appeals successfully. I think she'd be a real 188 00:12:37,250 --> 00:12:38,510 asset. What about Patrick? 189 00:12:38,810 --> 00:12:39,810 A good resume. 190 00:12:39,910 --> 00:12:41,150 Fair amount of trial experience. 191 00:12:41,710 --> 00:12:45,050 It's not that he's a bad candidate, but has a bad resume. You know, his father 192 00:12:45,050 --> 00:12:46,590 and I are extremely good friends. 193 00:12:49,250 --> 00:12:50,930 Yes. Well, then. 194 00:12:51,470 --> 00:12:53,510 They'll both be interviewed. Then we'll vote. 195 00:12:53,970 --> 00:12:56,540 Right. You'll be in the room for the interviews? 196 00:12:57,200 --> 00:12:58,200 Yes. 197 00:12:58,900 --> 00:12:59,900 Good. 198 00:13:00,660 --> 00:13:04,340 Are you familiar with these gentlemen, Dr. Grass? Yes, I am. 199 00:13:04,840 --> 00:13:09,080 And would you tell us in what context it is that you're familiar with them? 200 00:13:09,440 --> 00:13:13,940 I work for Dermex Industries, and I'm involved in the development of a 201 00:13:13,940 --> 00:13:18,380 transdermal testosterone delivery system. In common parlance, the patch. 202 00:13:18,380 --> 00:13:22,260 gentlemen are participating in a clinical trial for SANE. Have any side 203 00:13:22,620 --> 00:13:24,740 manifested themselves in this clinical trial? 204 00:13:25,000 --> 00:13:26,000 Surprisingly few. 205 00:13:26,200 --> 00:13:27,760 Would aggressiveness be one of them? 206 00:13:27,960 --> 00:13:30,700 I choose my words very carefully, Ms. Korshak. 207 00:13:31,220 --> 00:13:35,880 Aggressiveness would be an overstatement, some degree of 208 00:13:36,220 --> 00:13:41,400 an intermittent rambunctiousness even, but aggressiveness is not an accurate 209 00:13:41,400 --> 00:13:45,780 characterization. The purpose of this drug is to heighten sexual desire, is it 210 00:13:45,780 --> 00:13:47,380 not? That is one purpose. 211 00:13:48,040 --> 00:13:53,080 Increasing testosterone levels also serves to lessen fatigue, restore muscle 212 00:13:53,080 --> 00:13:57,980 tone. The potential is here for the patch to become a major asset in the 213 00:13:57,980 --> 00:13:59,340 practice of gerontology. 214 00:13:59,560 --> 00:14:00,880 How high is high, Doctor? 215 00:14:01,420 --> 00:14:04,580 I'm afraid I don't know as to what you are referring, Miss Korshak. 216 00:14:04,940 --> 00:14:08,000 I would like to know what level of sexual desire you're trying to attain. 217 00:14:08,320 --> 00:14:09,319 How is that relevant? 218 00:14:09,320 --> 00:14:12,920 These gentlemen have been behaving in a way that suggests that the level is 219 00:14:12,920 --> 00:14:13,920 somewhat excessive. 220 00:14:14,160 --> 00:14:16,260 Sometimes it gets really excessive. 221 00:14:16,680 --> 00:14:18,740 That's when it gets interesting, right, boys? 222 00:14:19,240 --> 00:14:23,040 Harold. Are you familiar with the practice of double patching, Doctor? I 223 00:14:23,040 --> 00:14:26,540 aware that it has occurred. Certainly it is not sanctioned, and anyone caught 224 00:14:26,540 --> 00:14:29,120 doing so will be immediately dropped from the group. 225 00:14:29,360 --> 00:14:31,440 You didn't have to drop Earl Grunewald, did you, Doctor? 226 00:14:32,000 --> 00:14:35,320 Mr. Grunewald's death was not attributable to the patch. 227 00:14:35,620 --> 00:14:38,360 He was found wearing two patches at the time of his death, was he not? 228 00:14:38,740 --> 00:14:42,620 Yes. He was also engaged in an act of sexual congress at the time of his 229 00:14:42,700 --> 00:14:43,379 was he not? 230 00:14:43,380 --> 00:14:46,960 Yes. He was also 95 years old at the time of his death. 231 00:14:47,180 --> 00:14:48,760 We should all be so lucky. 232 00:14:50,220 --> 00:14:53,940 How much money is your company spending to develop this patch, Doctor? That is 233 00:14:53,940 --> 00:14:57,060 both irrelevant and proprietary. You don't have to answer that. I'll get a 234 00:14:57,060 --> 00:14:58,100 ruling. Get a ruling. 235 00:14:58,640 --> 00:15:00,640 Until then, Doctor, I have no further questions. 236 00:15:03,440 --> 00:15:04,640 What's your expertise, doctor? 237 00:15:04,880 --> 00:15:08,680 I'm a psychologist by training. I specialize in the effects of confinement 238 00:15:08,680 --> 00:15:09,559 means of punishment. 239 00:15:09,560 --> 00:15:12,760 Have you ever had an opportunity to examine the psychological effects of 240 00:15:12,760 --> 00:15:16,680 confinement at China Lake Penitentiary? Yes, I have. I have interviewed 52 of 241 00:15:16,680 --> 00:15:19,400 the inmates there, including Mr. Paddock. And what were your findings? 242 00:15:19,700 --> 00:15:24,300 That the technologies in use at China Lake are unparalleled in the history of 243 00:15:24,300 --> 00:15:25,340 the American penal system. 244 00:15:25,800 --> 00:15:29,400 The physical layout of the prison, including the use of intercoms and 245 00:15:29,400 --> 00:15:35,140 doors, ensure that the prisoners will be deprived of any direct human contact 246 00:15:35,140 --> 00:15:37,520 except with the guards that take them in and out of the cells. 247 00:15:38,260 --> 00:15:41,760 The inmates are given almost nothing in the way of physical or mental activity 248 00:15:41,760 --> 00:15:42,920 to occupy their time. 249 00:15:43,540 --> 00:15:48,840 The light are kept on at night, and the meals consist of a processed nutrient 250 00:15:48,840 --> 00:15:51,960 loaf that bears no resemblance to actual food. 251 00:15:52,720 --> 00:15:57,640 The combined effect is one of prolonged sensory deprivation. Is that different 252 00:15:57,640 --> 00:15:59,580 from solitary confinement at other prisons? 253 00:15:59,880 --> 00:16:03,680 Well, yes, it differs both in the degree of the isolation and the duration of 254 00:16:03,680 --> 00:16:07,060 the treatment. Now, at most of these institutions, a prisoner is rarely kept 255 00:16:07,060 --> 00:16:08,380 solitary for more than six months. 256 00:16:08,740 --> 00:16:10,620 At China Lake, it can go on for years. 257 00:16:10,840 --> 00:16:14,120 What's known about the effects of this kind of prolonged deprivation? Well, the 258 00:16:14,120 --> 00:16:17,560 best -known case studies we have are of POWs who were kept in isolation during 259 00:16:17,560 --> 00:16:20,440 the Korean War, deprived of contact and conversation. 260 00:16:21,360 --> 00:16:25,860 Many of these men became psychotic. Doctor, would you assess the mental 261 00:16:25,860 --> 00:16:29,360 of the inmates at China Lake? One -third of the men I saw are actively 262 00:16:29,360 --> 00:16:34,240 psychotic. Of this group, most experienced visual and auditory 263 00:16:34,340 --> 00:16:36,540 Several have committed acts of self -mutilation. 264 00:16:37,280 --> 00:16:40,480 Two... are catatonic. And what about the remaining two -thirds? 265 00:16:41,100 --> 00:16:46,020 85%, including Mr. Padret, show signs of severe psychological trauma, including 266 00:16:46,020 --> 00:16:50,160 uncontrollable trembling, sleeplessness, distortions in perception, and panic. 267 00:16:50,360 --> 00:16:54,640 What, in your opinion, are the prospects for these men being successfully 268 00:16:54,640 --> 00:16:59,520 integrated into a general prison population or the world outside of 269 00:16:59,520 --> 00:17:01,460 following incarceration at China Lake? 270 00:17:01,700 --> 00:17:04,480 In my opinion, there are no such prospects. 271 00:17:06,020 --> 00:17:07,020 Thank you, sir. 272 00:17:07,349 --> 00:17:08,349 Nothing further. 273 00:17:08,970 --> 00:17:13,490 Your evaluation of inmates at China Lake consisted of interviews. Is that right, 274 00:17:13,550 --> 00:17:18,270 Doctor? Yes. You would ask inmates if they had various symptoms, and they 275 00:17:18,270 --> 00:17:20,589 respond affirmatively, for the most part. 276 00:17:20,950 --> 00:17:24,430 My interviewing technique is a little more sophisticated than that, Counselor. 277 00:17:24,430 --> 00:17:27,329 usually can gauge pretty well whether or not somebody's being truthful. 278 00:17:27,710 --> 00:17:31,140 Assuming that the problems at China Lake are what you say they are... What 279 00:17:31,140 --> 00:17:32,140 remedies would you propose? 280 00:17:32,420 --> 00:17:35,580 I recommend that the prison be shut down so that it can be modified to include 281 00:17:35,580 --> 00:17:39,960 common areas, recreational and educational facilities, and a fully 282 00:17:39,960 --> 00:17:40,960 psychiatric clinic. 283 00:17:41,240 --> 00:17:47,120 So you would close a $200 million facility, spend countless additional 284 00:17:47,120 --> 00:17:52,060 of dollars on modifications, all so that the most vicious criminals in the state 285 00:17:52,060 --> 00:17:54,380 of California could be made to feel more comfortable? 286 00:17:54,700 --> 00:17:56,540 Objection. I'm going to allow it. 287 00:17:56,820 --> 00:17:58,780 It's not a matter of making them more comfortable. 288 00:17:59,880 --> 00:18:04,440 The state of California is running a facility that not only denies these men 289 00:18:04,440 --> 00:18:09,120 chance of rehabilitation, but effectively destroys their mental 290 00:18:09,420 --> 00:18:12,060 Now, I find that unconscionable. 291 00:18:12,320 --> 00:18:16,280 Well, thank you, Doctor. Your moral outrage is duly noted. 292 00:18:17,080 --> 00:18:18,100 I have nothing further. 293 00:18:23,620 --> 00:18:24,620 Leland? 294 00:18:25,160 --> 00:18:27,100 Patrick, my boy. How are you? Great. 295 00:18:27,630 --> 00:18:30,150 Great. They told me you were in here. I just wanted to stick my head in and say 296 00:18:30,150 --> 00:18:31,270 hi. Well, I'm glad you did. 297 00:18:31,610 --> 00:18:32,770 Got my interview today. 298 00:18:32,970 --> 00:18:34,030 I know all about it. 299 00:18:34,470 --> 00:18:37,670 I just wanted to say thanks for everything you've done with us. Well, 300 00:18:37,670 --> 00:18:38,189 I done? 301 00:18:38,190 --> 00:18:40,130 We need an associate. You need a job. 302 00:18:40,390 --> 00:18:43,230 Well, you made it possible for me to come in and be considered, and I 303 00:18:43,230 --> 00:18:45,250 that. Excuse me. Are you Patrick Flanagan? 304 00:18:45,490 --> 00:18:48,470 Yes. They're ready for you. Great. Which way am I headed? Come with me. I'll 305 00:18:48,470 --> 00:18:49,470 walk you. 306 00:18:49,730 --> 00:18:51,110 This is Denise Ionello. 307 00:18:51,410 --> 00:18:52,670 How do you do? Nice to meet you. 308 00:18:53,270 --> 00:18:54,410 You still playing squash? 309 00:18:54,770 --> 00:18:55,770 When I can. 310 00:18:56,659 --> 00:18:59,000 Patrick was the number two ranked squash player at Harvard. 311 00:18:59,200 --> 00:19:00,200 Did that sell? 312 00:19:00,220 --> 00:19:02,060 Well, it was a weak field when I was there. 313 00:19:02,700 --> 00:19:03,700 You're right in here. 314 00:19:03,920 --> 00:19:04,920 Thank you. 315 00:19:05,380 --> 00:19:06,520 Good luck. Thanks. 316 00:19:06,720 --> 00:19:07,720 You'll do fine. 317 00:19:07,800 --> 00:19:12,020 Let me start by saying that we are, all of us, very impressed with your resume. 318 00:19:12,280 --> 00:19:13,280 Thank you. 319 00:19:13,360 --> 00:19:16,280 We also all know that there are a few things we need to discuss. 320 00:19:16,640 --> 00:19:19,640 Yes, there are. I'd like to ask you to explain the incident at Harvard. 321 00:19:20,220 --> 00:19:22,000 I plagiarized the law review article. 322 00:19:22,320 --> 00:19:23,340 What would you like to know? 323 00:19:23,580 --> 00:19:24,580 How do you explain it? 324 00:19:24,910 --> 00:19:28,890 It's hard to keep an explanation from sounding like a justification, and I 325 00:19:28,890 --> 00:19:30,550 very much for it not to sound like that. 326 00:19:31,330 --> 00:19:35,030 I did what I did because I wanted to fail. I wanted to self -destruct. 327 00:19:35,530 --> 00:19:38,670 I could just as easily have driven my car into oncoming traffic. 328 00:19:38,990 --> 00:19:40,250 Has the impulse passed? 329 00:19:40,670 --> 00:19:41,670 It feels like it has. 330 00:19:41,890 --> 00:19:46,330 I ended up taking some time off from school, albeit not voluntarily, and I 331 00:19:46,330 --> 00:19:47,330 thought about myself. 332 00:19:47,710 --> 00:19:51,190 I ended up going to a psychiatrist for the first time in my life. I took stock 333 00:19:51,190 --> 00:19:52,190 of myself. 334 00:19:52,240 --> 00:19:56,280 All I can say is that I'm a very different person at 27 than I was at 21. 335 00:19:56,600 --> 00:19:59,880 There's another matter we need to discuss, and this happened only a year 336 00:19:59,920 --> 00:20:03,520 You represented a plaintiff in a whistleblower suit and had your case 337 00:20:03,520 --> 00:20:05,300 because of falsified lab reports. 338 00:20:05,740 --> 00:20:09,360 Say it ain't so, Joe. I'll say it ain't so. I'll say it's my dying day. Those 339 00:20:09,360 --> 00:20:12,100 falsified lab reports were planted by the defendant corporation. 340 00:20:13,340 --> 00:20:16,020 Unfortunately, I couldn't prove that, and the judge bought that I was 341 00:20:16,020 --> 00:20:17,020 responsible. 342 00:20:17,629 --> 00:20:21,130 One day, I hope I can prove it. And then there's the matter of Daniel Morales. 343 00:20:21,290 --> 00:20:24,610 You and he had a bit of a contretemps. I'm sure you've heard the events 344 00:20:24,610 --> 00:20:28,230 recounted by Mr. Morales. I would offer up a somewhat different interpretation. 345 00:20:28,830 --> 00:20:32,630 Both our clients were on trial for armed robbery and murder. He represented 346 00:20:32,630 --> 00:20:36,910 his... I represented mine. He claims that you induced your client to turn 347 00:20:36,910 --> 00:20:37,869 state's evidence. 348 00:20:37,870 --> 00:20:39,430 The state induced him. They offered him parole. 349 00:20:39,650 --> 00:20:42,090 He claims you put your client on the stand knowing he was going to lie. 350 00:20:42,330 --> 00:20:44,990 I didn't know he was going to lie. I don't know that he did lie. Should you 351 00:20:44,990 --> 00:20:48,130 to work here, Mr. Flanagan, this is a matter that you and Mr. Morales will 352 00:20:48,130 --> 00:20:49,130 to settle. 353 00:20:49,250 --> 00:20:51,570 Mr. Morales has thus far refused to talk to me. 354 00:20:52,310 --> 00:20:53,810 You may want to make additional efforts. 355 00:20:57,250 --> 00:20:58,250 Mr. Carr. 356 00:20:58,450 --> 00:20:59,530 Call me Buzz. 357 00:21:00,370 --> 00:21:01,370 Buzz. 358 00:21:01,830 --> 00:21:05,790 Are you aware that since the beginning of this study, the Golden Pines 359 00:21:05,790 --> 00:21:10,170 have lodged 15 complaints against you and your co -defendants? From those 360 00:21:10,170 --> 00:21:11,850 without the patch, no doubt. 361 00:21:12,330 --> 00:21:15,930 Some of these complaints were from women. I haven't had any complaints. 362 00:21:16,190 --> 00:21:17,290 Have you, Dwight? Nope. 363 00:21:17,970 --> 00:21:20,070 But I have had a few marriage proposals. 364 00:21:20,710 --> 00:21:22,310 Mr. Carr, is that your signature? 365 00:21:23,170 --> 00:21:27,250 Yes, yes, that looks like it. That would indicate your familiarity with the 366 00:21:27,250 --> 00:21:28,970 bylaws of the community in which you live. 367 00:21:30,600 --> 00:21:31,760 Do I give her that? 368 00:21:32,000 --> 00:21:33,960 Just tell her the truth, Buzz. All right. 369 00:21:34,580 --> 00:21:37,160 Yes, I am familiar with the bylaws. 370 00:21:37,420 --> 00:21:39,920 On October 10th, 1993... 371 00:21:40,890 --> 00:21:46,110 Did not you and your two friends here take over a square dance class and 372 00:21:46,110 --> 00:21:52,510 to lead your female partners in the lombada? Oh, yes, we did. And a fine 373 00:21:52,510 --> 00:21:53,510 it was, too. 374 00:21:53,630 --> 00:21:56,470 And did not two of those females faint on that occasion? 375 00:21:56,770 --> 00:21:57,409 Oh, no. 376 00:21:57,410 --> 00:21:59,790 What they did was swoon. 377 00:21:59,990 --> 00:22:03,650 I believe fibrillate would be closer to the truth. I would ask that your client 378 00:22:03,650 --> 00:22:05,690 not interject, Ms. Korshak. They interject? 379 00:22:06,070 --> 00:22:08,290 Why can't I interject? I would ask that no one interject. 380 00:22:08,650 --> 00:22:09,650 Let me ask you something, dear. 381 00:22:10,060 --> 00:22:13,580 Don't you think we should be able to decide for ourselves what kind of 382 00:22:13,580 --> 00:22:19,120 recreational activities we can engage in without being dictated to? Mr. Croft. 383 00:22:19,180 --> 00:22:24,240 Unless, of course, a Max such as yourself were interested in doing the 384 00:22:24,240 --> 00:22:25,240 dictating. 385 00:22:26,720 --> 00:22:30,820 Utterly depraved. Fair as the sanctimony, Mr. Overvolt. No kidding. If 386 00:22:30,820 --> 00:22:35,900 in our 30s or 40s or 50s, it wouldn't be depraved. There are rules that govern 387 00:22:35,900 --> 00:22:40,540 conduct in our community. Well, to hell with your rules. We're not living in a 388 00:22:40,540 --> 00:22:45,360 ding -dang gulag. We're living in the U .S. of A. The fact is there are rules, 389 00:22:45,500 --> 00:22:48,220 and these rules are legal and enforceable. 390 00:22:48,560 --> 00:22:54,120 And notwithstanding the fact that you are three very attractive men with... 391 00:22:55,240 --> 00:22:56,280 Testosterone surging. 392 00:22:57,000 --> 00:23:00,360 In the end, your options are to adjust or move. 393 00:23:00,640 --> 00:23:03,940 You are wicked. Clearly, we have a difference of opinion. 394 00:23:04,140 --> 00:23:06,500 It's also quite impossible for us to move. 395 00:23:06,720 --> 00:23:07,519 Why is that? 396 00:23:07,520 --> 00:23:11,780 Because you've got all our money tied up, you little squint. Between your 397 00:23:11,780 --> 00:23:15,200 entrance fees and your rent, we can't afford to move. 398 00:23:15,460 --> 00:23:18,900 Yeah, and if it weren't for what we make selling patches, we could hardly get 399 00:23:18,900 --> 00:23:19,900 by. 400 00:23:23,850 --> 00:23:25,950 You have been felling patches? 401 00:23:26,370 --> 00:23:28,250 I believe that's a felony, Douglas. 402 00:23:28,930 --> 00:23:31,450 I'll need some time to confer with my clients. 403 00:23:31,770 --> 00:23:35,270 Take all the time you want. As far as I'm concerned, this deposition is over. 404 00:23:35,890 --> 00:23:38,410 I'll be in front of a judge tomorrow seeking an injunction. 405 00:23:38,730 --> 00:23:39,730 Good day, gentlemen. 406 00:23:40,550 --> 00:23:41,670 Drug traffickers. 407 00:23:44,550 --> 00:23:48,950 And to think that at one time I'd hoped to make you, Dwight, the master of 408 00:23:48,950 --> 00:23:50,530 ceremonies at our pageant. 409 00:23:53,580 --> 00:23:56,900 How does a prisoner wind up in the security housing unit at China Lake, 410 00:23:56,980 --> 00:23:59,540 He proves himself to be unmanageable at other prisons. 411 00:23:59,980 --> 00:24:01,960 Characteristically, how would he do that? He'd kill someone. 412 00:24:02,260 --> 00:24:03,360 He'd traffic in drugs. 413 00:24:03,740 --> 00:24:06,080 He'd make himself a threat to the rest of the prison population. 414 00:24:06,740 --> 00:24:12,380 The security housing unit at China Lake employs technology and prison design not 415 00:24:12,380 --> 00:24:13,900 found in other prisons. Is that right? 416 00:24:14,120 --> 00:24:17,260 Yes. And what, to your mind, is the effect of that? The most significant 417 00:24:17,260 --> 00:24:20,600 is that not a single prisoner or guard has been killed since the unit's been in 418 00:24:20,600 --> 00:24:22,880 operation. Why is it necessary... 419 00:24:23,210 --> 00:24:25,390 To isolate these men? To protect them. 420 00:24:25,930 --> 00:24:29,050 These men have demonstrated that they can't function in a group environment. 421 00:24:29,370 --> 00:24:33,250 Do you acknowledge that some prisoners may be psychologically damaged by the 422 00:24:33,250 --> 00:24:37,310 conditions in the SHU? I would argue that most prisoners are psychologically 423 00:24:37,310 --> 00:24:39,690 damaged in one form or another to begin with. 424 00:24:40,370 --> 00:24:44,870 I will acknowledge that it's not particularly pleasant to be incarcerated 425 00:24:44,870 --> 00:24:48,710 SHU, but I'd also argue that there's no one there who doesn't deserve to be 426 00:24:48,710 --> 00:24:50,570 there. I have no further questions. 427 00:24:52,960 --> 00:24:57,280 It's fair to say, is it not, warden, that you've pretty much abandoned any 428 00:24:57,280 --> 00:25:01,020 pretense of providing a means of rehabilitation for these men, yet? 429 00:25:01,580 --> 00:25:05,320 Rehabilitation requires a certain minimal level of cooperation on the part 430 00:25:05,320 --> 00:25:06,279 the prisoner. 431 00:25:06,280 --> 00:25:10,480 These men thus far have not demonstrated that. And according to you, the nature 432 00:25:10,480 --> 00:25:14,260 of the operation at the FHU is dictated by what they have demonstrated. 433 00:25:14,520 --> 00:25:17,740 That's right. All right, prisoners are allowed in the yard for 90 minutes a 434 00:25:17,780 --> 00:25:18,479 is that right? 435 00:25:18,480 --> 00:25:21,820 Yes. Are there recreational activities of any kind available to them in the 436 00:25:21,820 --> 00:25:25,240 yard? I don't know what constitutes a recreational activity to your mind. 437 00:25:25,460 --> 00:25:28,360 Are there weights in the yard? No. Why aren't there weights? Weights can be 438 00:25:28,360 --> 00:25:29,199 into weapons. 439 00:25:29,200 --> 00:25:31,840 Is there basketball or handball in the yard? 440 00:25:32,040 --> 00:25:34,940 No, there isn't. Why isn't there? They can also be made into weapons. 441 00:25:35,180 --> 00:25:38,480 And if you doubt that, I suggest you talk to your client. I'm sure he'd tell 442 00:25:38,480 --> 00:25:41,260 exactly how he'd do it. Objection. Ask that the latter part of the witness's 443 00:25:41,260 --> 00:25:42,860 response be stricken. So stricken. 444 00:25:43,220 --> 00:25:44,220 Warden. 445 00:25:44,460 --> 00:25:48,760 Isn't the mental deterioration of prisoners the express purpose of the SHU 446 00:25:48,760 --> 00:25:52,020 China Lake? No, it is not. You do understand it to be the inevitable and 447 00:25:52,020 --> 00:25:55,580 proximate result of incarceration there, though, do you not? I understand no 448 00:25:55,580 --> 00:25:58,380 such thing. Isn't this prison designed for one thing only, sir? 449 00:25:58,880 --> 00:26:02,640 Isn't it to make it as easy as possible for you to store these men? 450 00:26:02,900 --> 00:26:05,660 I've worked in the prison system for 19 years, Mr. Rollins. 451 00:26:06,160 --> 00:26:09,520 There wasn't a single day in all that time that I would call what I did easy. 452 00:26:10,220 --> 00:26:14,080 When I was a guard, I took it as a personal failure to have a prisoner die 453 00:26:14,080 --> 00:26:18,600 watch. I felt it was my responsibility to see to it that prisoners stayed alive 454 00:26:18,600 --> 00:26:20,480 for the entire length of their sentence. 455 00:26:21,440 --> 00:26:22,700 I still feel that way. 456 00:26:23,920 --> 00:26:25,600 Now I don't fail nearly as often. 457 00:26:33,640 --> 00:26:34,640 All right, miss. 458 00:26:34,970 --> 00:26:36,530 Korshak, I've read your motion. 459 00:26:36,730 --> 00:26:37,870 You have something to add? 460 00:26:38,090 --> 00:26:42,890 Your Honor, in addition to the disruptive incidents referred to in my 461 00:26:42,890 --> 00:26:46,530 have reason to believe the defendants have been peddling these testosterone 462 00:26:46,530 --> 00:26:51,070 patches to other residents of Golden Pines. We ask the court to enjoin this 463 00:26:51,070 --> 00:26:55,190 study immediately to cut off distribution of this illicit 464 00:26:55,810 --> 00:26:59,310 Your Honor, there's absolutely no evidence of any trafficking. 465 00:26:59,840 --> 00:27:03,540 And joining the study would be a drastic overreaction and grossly unfair to my 466 00:27:03,540 --> 00:27:07,540 clients. These patches constitute controlled substances, Your Honor. 467 00:27:07,540 --> 00:27:11,060 wreaking havoc on the community, and we have no idea what the long -range side 468 00:27:11,060 --> 00:27:15,680 effects are. I'm 82 years old, Missy. How long -range should I be concerned 469 00:27:15,680 --> 00:27:18,320 about? That's quite enough, Mr. Nordhoff. 470 00:27:18,520 --> 00:27:20,040 Can I say something, Judge? 471 00:27:20,240 --> 00:27:21,119 Go ahead. 472 00:27:21,120 --> 00:27:25,440 Yeah, well, before we got our patches, Harold, Dwight, and I were just three 473 00:27:25,440 --> 00:27:28,080 lonely old men sitting around waiting to die. 474 00:27:28,480 --> 00:27:34,270 Yeah. The patch opened our eyes. It restored us, made our lives less 475 00:27:34,410 --> 00:27:35,970 We're begging you, Judge. 476 00:27:36,230 --> 00:27:41,450 Take away our Motrin, take away our Digitalis, even our milk of magnesia, 477 00:27:41,450 --> 00:27:45,610 for God's sakes, do not take away our patches. 478 00:27:45,850 --> 00:27:50,910 If you men are trafficking in a controlled substance, you can and will 479 00:27:50,910 --> 00:27:56,190 prosecuted. Since there is no evidence of such activity, I deny plaintiff's 480 00:27:56,190 --> 00:27:57,390 motion to enjoin the study. 481 00:27:57,840 --> 00:28:00,220 The eviction notice will continue as scheduled. 482 00:28:00,520 --> 00:28:02,260 We stand adjourned. Very well, sir. 483 00:28:05,780 --> 00:28:09,540 Your Honor, the defense calls Elizabeth Rowe. 484 00:28:13,940 --> 00:28:17,340 Objection, Your Honor. The testimony of this witness is wholly irrelevant. 485 00:28:17,680 --> 00:28:21,140 What is this witness here to testify to, Mr. Clayton? Your Honor, Miss Rowe 486 00:28:21,140 --> 00:28:23,360 witnessed the killing of her father at the hands of Mr. 487 00:28:23,580 --> 00:28:28,300 Padraic. 19 years ago. She's flown here at her own expense to testify to the 488 00:28:28,300 --> 00:28:33,320 nature of that crime. Testimony about a crime committed prior to Mr. Padret's 489 00:28:33,320 --> 00:28:34,540 confinement is irrelevant. 490 00:28:35,040 --> 00:28:36,040 Objection sustained. 491 00:28:36,400 --> 00:28:37,400 Call your next witness. 492 00:28:37,500 --> 00:28:40,060 The defense calls Roland Prince. 493 00:28:41,120 --> 00:28:42,120 Objection. 494 00:28:42,860 --> 00:28:45,080 The testimony of this witness is wholly irrelevant. 495 00:28:45,380 --> 00:28:49,520 Is Mr. Prince also here to testify to events prior to Mr. Padret's 496 00:28:49,520 --> 00:28:51,040 incarceration? Yes, Your Honor. 497 00:28:51,300 --> 00:28:52,300 His sister. 498 00:28:52,970 --> 00:28:54,090 Was killed by Mr. 499 00:28:54,330 --> 00:28:56,690 Padret. Objection is sustained. 500 00:28:56,930 --> 00:28:57,930 Call your next witness. 501 00:28:58,250 --> 00:29:00,530 The defense calls Dorothy White. 502 00:29:01,210 --> 00:29:02,310 Objection irrelevant. 503 00:29:02,730 --> 00:29:03,629 Mr. Clay. 504 00:29:03,630 --> 00:29:05,930 She was assaulted by Mr. 505 00:29:06,350 --> 00:29:08,650 Padret. Objection sustained. 506 00:29:08,990 --> 00:29:10,570 Call your next witness. 507 00:29:10,970 --> 00:29:13,350 The defense calls Trent Ma. 508 00:29:13,870 --> 00:29:15,170 Objection irrelevant. 509 00:29:15,770 --> 00:29:17,670 Counsel will approach the bench. 510 00:29:24,720 --> 00:29:28,400 Are your remaining witnesses crime victims, Mr. Clayton? Yes, Your Honor. 511 00:29:28,540 --> 00:29:32,000 They're here to testify to the nature of crimes committed by Mr. Patrick and 512 00:29:32,000 --> 00:29:34,420 other men who are now being held. Okay. 513 00:29:35,520 --> 00:29:37,940 What you're doing is grandstanding. 514 00:29:38,160 --> 00:29:39,240 I'm not impressed. 515 00:29:39,620 --> 00:29:41,140 It does not help your case. 516 00:29:41,380 --> 00:29:46,480 The testimony of all of these witnesses is inadmissible and irrelevant. 517 00:29:46,980 --> 00:29:51,340 What you have done is waste the time of this court and the time and the money of 518 00:29:51,340 --> 00:29:52,620 these people who showed up here. 519 00:29:52,960 --> 00:29:56,200 I submit that you owe all of them an apology. 520 00:29:57,480 --> 00:29:58,480 Step back. 521 00:30:04,680 --> 00:30:08,920 Well, Inez, we know something about you from your resume, but perhaps it would 522 00:30:08,920 --> 00:30:12,000 be best if you told us yourself about the kind of work you've been doing. 523 00:30:13,800 --> 00:30:17,880 I've been working in a storefront legal clinic in East L .A. I've done mostly 524 00:30:17,880 --> 00:30:20,020 immigration, landlord -tenant, and criminal. 525 00:30:20,900 --> 00:30:22,080 Primarily, I'm a trial lawyer. 526 00:30:23,719 --> 00:30:25,780 You've handled some pretty major appeals. 527 00:30:26,040 --> 00:30:27,040 Yes, I have. 528 00:30:27,560 --> 00:30:28,600 How come you're leaving? 529 00:30:28,840 --> 00:30:32,500 We had a rough year last year. Our budget was cut. They closed our office 530 00:30:32,740 --> 00:30:35,620 How do you feel about doing types of law other than what you've been doing? 531 00:30:35,880 --> 00:30:39,360 I feel good about it. It's one of the reasons I want to work in a firm like 532 00:30:39,360 --> 00:30:41,320 this, is that I hope to try other types of cases. 533 00:30:41,640 --> 00:30:43,140 You see yourself as a trial lawyer? 534 00:30:44,040 --> 00:30:47,980 Yes. Are you prepared to serve second chair while another lawyer tries the 535 00:30:48,409 --> 00:30:51,850 Absolutely. Are you prepared to spend the vast majority of your time doing 536 00:30:51,850 --> 00:30:53,730 that has no political significance whatsoever? 537 00:30:54,310 --> 00:30:55,410 That's an odd question. 538 00:30:55,710 --> 00:30:59,230 Well, it's not an odd question at all. You worked in the legal clinic at East L 539 00:30:59,230 --> 00:31:02,950 .A. I'm sure you derived a great deal of professional gratification from 540 00:31:02,950 --> 00:31:07,290 handling cases that were in concert with your political beliefs. You weren't 541 00:31:07,290 --> 00:31:08,290 doing it for the money. 542 00:31:08,570 --> 00:31:12,930 My question is, how happy would you be here? I think I could be very happy 543 00:31:13,010 --> 00:31:14,010 Mr. Brackman. 544 00:31:14,550 --> 00:31:18,410 I'm interested in acquiring a certain credibility as an attorney that 545 00:31:18,410 --> 00:31:20,210 I feel myself to be lacking. 546 00:31:20,830 --> 00:31:25,570 I'd be making considerably more money than I'm used to making and I also know 547 00:31:25,570 --> 00:31:29,350 something about this firm from Daniel Morales. I know the kind of cases you 548 00:31:29,350 --> 00:31:31,690 on. I think I know the kind of people you are. 549 00:31:32,010 --> 00:31:34,050 This is where I want to work. 550 00:31:35,090 --> 00:31:36,090 Fair enough. 551 00:31:36,780 --> 00:31:40,460 The Eighth Amendment to the United States Constitution says that cruel and 552 00:31:40,460 --> 00:31:44,960 unusual punishment shall not be inflicted. It codifies what we very much 553 00:31:44,960 --> 00:31:47,220 believe about ourselves, that we have evolved. 554 00:31:47,620 --> 00:31:52,120 That no matter how much we may revile an individual, no matter how heinous may 555 00:31:52,120 --> 00:31:54,620 be their crime, we don't torture them. 556 00:31:55,220 --> 00:32:00,120 We don't use the rack or the whip or the thumbscrew. We as a society have come 557 00:32:00,120 --> 00:32:03,920 to believe those devices to be immoral. And so our Constitution makes them 558 00:32:03,920 --> 00:32:04,920 illegal. 559 00:32:05,440 --> 00:32:09,260 Your Honor, the use of psychological torture as found in the security housing 560 00:32:09,260 --> 00:32:12,520 unit at China Lake is no less immoral and no less illegal. 561 00:32:13,100 --> 00:32:18,220 You have heard uncontroverted expert testimony that 30 % of the prisoners 562 00:32:18,220 --> 00:32:19,680 are clinically psychotic. 563 00:32:20,740 --> 00:32:24,620 You've also heard expert testimony that what brought about this mass psychosis 564 00:32:24,620 --> 00:32:27,740 is the conditions at the prison. 565 00:32:29,420 --> 00:32:33,660 Now, assuming that those conditions don't evoke a sense of moral outrage, 566 00:32:33,660 --> 00:32:34,720 are still practical considerations. 567 00:32:35,300 --> 00:32:39,740 Most of the men at the SHU will one day finish their sentences, and when they 568 00:32:39,740 --> 00:32:43,280 do, we as a society will have to deal with them. 569 00:32:43,480 --> 00:32:48,200 We will either maintain them in psychiatric hospitals or we'll put them 570 00:32:48,200 --> 00:32:49,199 the streets. 571 00:32:49,200 --> 00:32:54,100 And we will soon find out what this latest prison technology has made them 572 00:32:54,660 --> 00:32:55,820 Your Honor, I'm... 573 00:32:56,200 --> 00:33:00,700 asking the court to declare the conditions and procedures at the China 574 00:33:00,700 --> 00:33:05,400 Prison Security Housing Unit cruel and unusual punishment. 575 00:33:06,460 --> 00:33:09,720 I would ask the court to shut it down. 576 00:33:15,340 --> 00:33:17,880 Your Honor, China Lake is a success. 577 00:33:19,280 --> 00:33:23,200 Tom Padret and the other inmates in the Security Housing Unit there 578 00:33:24,140 --> 00:33:29,500 have demonstrated their inability to live in the society of other men, even 579 00:33:29,500 --> 00:33:32,560 the controlled environment of a maximum security prison. 580 00:33:34,380 --> 00:33:36,360 Attempts to rehabilitate them have failed. 581 00:33:36,560 --> 00:33:41,460 They are the most violent, most dangerous, most incorrigible inmates in 582 00:33:41,460 --> 00:33:42,840 entire prison system. 583 00:33:43,060 --> 00:33:46,680 And somehow, the prison system must deal with them. 584 00:33:47,920 --> 00:33:53,220 China Lake offers the safest, best, most economically feasible solution. 585 00:33:53,930 --> 00:33:55,530 Now, is there psychological damage? 586 00:33:57,150 --> 00:33:58,270 No doubt there is. 587 00:33:58,550 --> 00:33:59,830 It comes with the territory. 588 00:34:01,310 --> 00:34:03,310 Commit heinous crimes on the street. 589 00:34:04,390 --> 00:34:06,790 Continue committing heinous crimes in prison. 590 00:34:07,430 --> 00:34:13,449 And we will do that which is necessary to counteract your ability to commit 591 00:34:13,449 --> 00:34:14,449 crime. 592 00:34:15,429 --> 00:34:17,370 We will put you in a place like this. 593 00:34:19,850 --> 00:34:21,550 And we will be safe from you. 594 00:34:26,000 --> 00:34:27,020 And I'll be right back. 595 00:34:29,480 --> 00:34:32,360 Come on, just wait a second. 596 00:34:32,600 --> 00:34:33,780 Not a minute too soon. 597 00:34:34,820 --> 00:34:38,400 Officer, I'm the attorney for these men. Please advise me as to what's going on. 598 00:34:38,540 --> 00:34:42,480 It's been alleged that these gentlemen have been selling a controlled 599 00:34:42,800 --> 00:34:44,679 Counselor, we have no choice but to bring them in. 600 00:34:44,920 --> 00:34:47,219 Who alleged this? Monroe. Who else? 601 00:34:47,500 --> 00:34:50,659 We searched the units of several other residents here. We found testosterone 602 00:34:50,659 --> 00:34:53,860 patches. Requesting the resident, they said they purchased it from these 603 00:34:53,860 --> 00:34:55,659 gentlemen here. They ratted us out. 604 00:34:55,960 --> 00:35:00,140 Please put your hands behind your back, sir. I have to handcuff. Come on. Wait. 605 00:35:01,140 --> 00:35:04,940 Those patches don't contain testosterone. 606 00:35:05,600 --> 00:35:10,080 What? Who are you? I'm Dr. Kendall Graff. I'm conducting the clinical 607 00:35:10,880 --> 00:35:17,420 Those patches are placebos. What do you mean, placebos? Every clinical trial 608 00:35:17,420 --> 00:35:18,920 has a control group. 609 00:35:19,340 --> 00:35:23,820 In this trial, you're it. You mean we haven't been getting the real thing? 610 00:35:24,100 --> 00:35:25,740 We'll need a statement to that effect, Doctor. 611 00:35:25,940 --> 00:35:28,620 I'll give you a statement. I also have full documentation. 612 00:35:28,960 --> 00:35:35,880 Well, what about, you know... The mind can be a powerful aphrodisiac, Mr. Carr. 613 00:35:39,320 --> 00:35:43,300 I'll talk to Lorraine Korshak. We'll see what effect this has on the eviction 614 00:35:43,300 --> 00:35:45,420 proceedings. Well, shoot. 615 00:35:46,010 --> 00:35:47,010 Where are you going? 616 00:35:47,030 --> 00:35:48,370 I'm going to go lay down. 617 00:35:48,590 --> 00:35:49,990 I think I'll do the same. 618 00:35:50,690 --> 00:35:51,770 Come on, Dwight. 619 00:35:52,410 --> 00:35:53,410 Where are you going? 620 00:35:59,630 --> 00:36:05,490 Two minutes, that's all I'm asking. 621 00:36:06,050 --> 00:36:07,050 What do you want? 622 00:36:07,750 --> 00:36:11,590 I want to see if I can clear the air. Man, we have nothing to talk about. 623 00:36:11,610 --> 00:36:13,230 with all due respect, I don't think that's right. 624 00:36:13,930 --> 00:36:15,270 You're going to tell me what's right? 625 00:36:15,670 --> 00:36:19,290 No. What I would ask, though, is that you at least consider the possibility 626 00:36:19,290 --> 00:36:20,290 I didn't do what you think I did. 627 00:36:20,610 --> 00:36:25,350 Patrick, I have a client doing 20 to life in a maximum security prison 628 00:36:25,350 --> 00:36:27,110 your client lied on the witness stand. 629 00:36:27,430 --> 00:36:28,790 What, are you saying your client was innocent? 630 00:36:29,030 --> 00:36:31,970 I'm saying he never would have been convicted of felony murder if it hadn't 631 00:36:31,970 --> 00:36:33,050 for that particular testimony. 632 00:36:33,450 --> 00:36:34,450 I don't see it that way. 633 00:36:34,650 --> 00:36:37,130 Like I said, we have nothing to talk about. 634 00:36:37,390 --> 00:36:40,770 So what do you propose we do? I propose we stay as far away from each other as 635 00:36:40,770 --> 00:36:43,870 possible. Well, that may be a problem if I come to work here. 636 00:36:44,310 --> 00:36:47,270 Yeah. Well, we'll cross that bridge when we come to it. 637 00:36:49,110 --> 00:36:52,170 Tell me something. Do your partners know how you feel? 638 00:36:52,410 --> 00:36:53,750 Oh, yes, they do. 639 00:36:54,370 --> 00:36:56,210 It's a little surprising I'm still being considered. 640 00:37:02,430 --> 00:37:03,910 All right, I'm coming. 641 00:37:04,350 --> 00:37:09,210 Whatever we're here to do, let's do it quick. I've got a set schedule for 1 642 00:37:09,530 --> 00:37:11,630 They faxed over the terms of the agreement. 643 00:37:12,390 --> 00:37:13,570 They'll be here any minute. 644 00:37:14,140 --> 00:37:17,160 And we need to discuss this. Dwight, have a seat, please. 645 00:37:17,380 --> 00:37:22,920 Thank you. I strongly advise against you signing this. Well, we are going to 646 00:37:22,920 --> 00:37:26,940 sign it, Doug. Let me tell you what's here. In exchange for them dropping the 647 00:37:26,940 --> 00:37:30,460 eviction proceedings, you agree to no parties without written permission from 648 00:37:30,460 --> 00:37:36,000 the management, no music after 9 p .m., no tight jeans, no spandex bicycle 649 00:37:36,000 --> 00:37:39,440 shorts, no cruising in electric golf carts. Douglas. 650 00:37:40,300 --> 00:37:43,760 It doesn't make any difference. Let's sign the paper and be done with this. 651 00:37:44,040 --> 00:37:47,460 Guys, we can go to court and win. 652 00:37:48,040 --> 00:37:52,220 They have no right to impose these rules on you. We don't want to make waves. 653 00:37:52,280 --> 00:37:54,620 They want things to be quiet. Let them be quiet. 654 00:37:58,200 --> 00:38:02,280 Explain something to me. You find out that you've been getting a placebo, and 655 00:38:02,280 --> 00:38:05,660 suddenly you want to fold your hands and file in like good little boys? 656 00:38:06,860 --> 00:38:09,760 What's the story? The story is... 657 00:38:10,410 --> 00:38:14,630 Rude. You were old yesterday. You were old the day before yesterday. You were 658 00:38:14,630 --> 00:38:18,950 also studs. We were under the illusion that we were receiving medication. 659 00:38:19,250 --> 00:38:23,150 You don't need the medication. You had the desire to be a bunch of sharpsters, 660 00:38:23,270 --> 00:38:26,730 and that's what you were. You didn't want to be physically decrepit, and you 661 00:38:26,730 --> 00:38:31,130 weren't. The fact that those patches were placebos is good news, boys. 662 00:38:31,430 --> 00:38:34,190 It means that you can go back to being studs. 663 00:38:34,910 --> 00:38:35,910 Good morning. 664 00:38:37,110 --> 00:38:39,150 I assume you received the documents? 665 00:38:40,080 --> 00:38:41,080 Yes, I have. 666 00:38:41,120 --> 00:38:43,260 Good. And are they acceptable? 667 00:38:43,500 --> 00:38:46,920 Not as far as I'm concerned, they're not. Are they acceptable to your 668 00:38:48,280 --> 00:38:49,440 You'll have to ask them. 669 00:38:49,660 --> 00:38:52,460 Okay. Gentlemen, what'll it be? 670 00:38:58,800 --> 00:38:59,800 Harold? 671 00:39:00,540 --> 00:39:04,180 Well, as a matter of fact, I do have a question. 672 00:39:04,800 --> 00:39:09,180 That rule that says we've got to have written permission before we can have a 673 00:39:09,180 --> 00:39:10,180 party. 674 00:39:10,790 --> 00:39:12,470 What constitutes a party? 675 00:39:12,690 --> 00:39:18,270 I think you can assume standard usage of the word. So if, for instance, I were 676 00:39:18,270 --> 00:39:24,350 to meet, let's say, a woman like you, and I struck up a conversation, and one 677 00:39:24,350 --> 00:39:29,610 thing led to another, and you came back to my place, and I put on my Charlie 678 00:39:29,610 --> 00:39:33,650 Rich records, and we had a couple of drinks, and after a while you turned to 679 00:39:33,650 --> 00:39:36,810 and said, Charlie Rich or no Charlie Rich? 680 00:39:37,180 --> 00:39:42,100 You're the silver fox as far as I'm concerned, and the patients took a hold 681 00:39:42,100 --> 00:39:43,100 us. 682 00:39:43,220 --> 00:39:45,240 Would that constitute a party? 683 00:39:45,880 --> 00:39:47,920 That would not be acceptable behavior. 684 00:39:48,400 --> 00:39:50,260 Then to hell with it. That's right. 685 00:39:50,860 --> 00:39:55,220 Douglas, you do whatever you have to do. And I say we go to court. Fine. 686 00:39:55,480 --> 00:39:59,560 You are willing to go to court over this? In a right hot minute. 687 00:40:01,840 --> 00:40:03,460 It's horrifying to consider. 688 00:40:04,040 --> 00:40:08,300 that an institution whose highest aim is the rehabilitation of men could 689 00:40:08,300 --> 00:40:13,740 actually be subjecting some of those same men to conditions that drive them 690 00:40:13,740 --> 00:40:14,740 insane. 691 00:40:16,480 --> 00:40:20,860 What's even more horrifying is the thought that those conditions may be 692 00:40:20,860 --> 00:40:26,520 necessary to save lives and to allow that institution to survive. 693 00:40:28,170 --> 00:40:32,390 From the evidence presented, it's quite clear to me that many of the inmates at 694 00:40:32,390 --> 00:40:37,590 China Lake are psychologically being harmed by the prison. It's equally clear 695 00:40:37,590 --> 00:40:41,090 that the prison system has legitimate security needs. 696 00:40:41,470 --> 00:40:46,730 And to meet those needs, it may be necessary to place Tom Padret and men 697 00:40:46,730 --> 00:40:47,730 him in isolation. 698 00:40:48,110 --> 00:40:52,470 There's nothing in our Constitution that prohibits a special unit for the 699 00:40:52,470 --> 00:40:54,690 dangerous, incorrigible offender. 700 00:40:54,950 --> 00:40:57,330 Therefore, I deny the plaintiff's petition. 701 00:40:58,100 --> 00:40:59,460 Find a favor of the defendant. 702 00:40:59,820 --> 00:41:00,820 This court's adjourned. 703 00:41:06,920 --> 00:41:07,920 Tom, what appeal? 704 00:41:09,800 --> 00:41:11,020 I don't think so, Jonathan. 705 00:41:11,760 --> 00:41:16,240 Just give me a minute, please. Tom, Tom, it's not costing you anything. 706 00:41:16,820 --> 00:41:18,840 You're in prison. Let me just work on the appeal. 707 00:41:19,080 --> 00:41:23,680 By the time you're ready to go back into court again, I'll be as crazy as arrest 708 00:41:23,680 --> 00:41:24,680 him. 709 00:41:40,140 --> 00:41:41,160 Hold the elevator, please. 710 00:41:41,360 --> 00:41:42,360 Yeah. 711 00:41:50,140 --> 00:41:56,320 What are you doing? 712 00:41:57,080 --> 00:41:58,080 We want to say something. 713 00:41:59,660 --> 00:42:02,240 This isn't the way to do that. This is the way we're doing it. 714 00:42:05,130 --> 00:42:08,410 Okay, what do you want to say? We want you to hear from us the kind of man you 715 00:42:08,410 --> 00:42:11,050 represent. I don't make any apologies for the kind of man you are. He killed 716 00:42:11,050 --> 00:42:15,630 father in front of me. He killed my sister because he wanted her car. 717 00:42:16,030 --> 00:42:19,330 If you appeal this case, we'll be right there in the courtroom. 718 00:42:19,670 --> 00:42:21,370 Whether we're allowed to testify or not. 719 00:42:21,590 --> 00:42:27,350 Any attempt to restore to this man any freedom at all, we'll be there and we'll 720 00:42:27,350 --> 00:42:28,350 bear witness. 721 00:42:39,340 --> 00:42:42,640 It shouldn't take very long. We just need to put the two candidates to a 722 00:42:43,100 --> 00:42:44,980 Before we do that, I'd like to say something. 723 00:42:45,240 --> 00:42:49,400 By all means. I think Ines Garcia would make a great addition to this firm. 724 00:42:50,060 --> 00:42:53,560 She's smart, she's principled, she's got all kinds of trial experience. 725 00:42:54,000 --> 00:42:57,000 Plus, I've known her since she was a kid, and I can vouch for her character. 726 00:42:58,380 --> 00:43:03,880 That said, I would urge you, whether or not you vote to hire Ines, not to hire 727 00:43:03,880 --> 00:43:07,080 Patrick Flanagan. Because of what he did to you. Because what he did to me is 728 00:43:07,080 --> 00:43:08,160 indicative of what he does. 729 00:43:08,630 --> 00:43:10,390 I'm not sure that's altogether fair. 730 00:43:10,650 --> 00:43:11,650 Check his track record. 731 00:43:11,810 --> 00:43:16,030 Plagiarism in law school, fabricating evidence in one case, suborning perjury 732 00:43:16,030 --> 00:43:19,370 another. He would argue that there are legitimate explanations for these 733 00:43:19,630 --> 00:43:22,750 Of course he would. Guys like that always do. Doesn't change the fact that 734 00:43:22,750 --> 00:43:26,450 has been a pattern of treachery to his entire life. Since I have known this 735 00:43:26,450 --> 00:43:30,530 young man for his entire life, let me weigh in with what I think. 736 00:43:30,750 --> 00:43:35,910 Patrick did plagiarize a law review article. He was young, he had problems, 737 00:43:35,910 --> 00:43:36,910 he did it. 738 00:43:37,100 --> 00:43:39,180 He also paid for having done it. 739 00:43:39,580 --> 00:43:41,320 He was suspended from the university. 740 00:43:42,060 --> 00:43:47,500 He took off a year, and he came back and graduated in the top 10 % of his class. 741 00:43:47,820 --> 00:43:48,820 What about since then? 742 00:43:49,040 --> 00:43:50,040 What about since then? 743 00:43:51,020 --> 00:43:53,440 None of us can prove that he fabricated evidence. 744 00:43:54,300 --> 00:43:57,980 And we can't prove, none of us can prove that he's suborned perjury. 745 00:43:58,320 --> 00:44:01,980 Well, to exclude him on the basis of any of these charges strikes me as 746 00:44:01,980 --> 00:44:03,100 manifestly unfair. 747 00:44:03,460 --> 00:44:05,040 We can only hire one of them. 748 00:44:05,280 --> 00:44:08,660 Oh, we can definitely only hire one. Let's put it to a vote. 749 00:44:09,520 --> 00:44:10,520 Inez Garcia. 750 00:44:11,380 --> 00:44:12,380 Yes. 751 00:44:12,720 --> 00:44:13,720 I vote yes. 752 00:44:13,840 --> 00:44:17,480 I also have Jonathan Rollins' proxy. He votes yes as well. I vote no. 753 00:44:18,000 --> 00:44:19,000 Also no. 754 00:44:19,040 --> 00:44:20,040 Also no. 755 00:44:21,580 --> 00:44:22,580 No. 756 00:44:24,840 --> 00:44:28,240 I don't feel comfortable voting on this. I haven't been here long enough. 757 00:44:29,540 --> 00:44:30,540 I abstain. 758 00:44:31,320 --> 00:44:32,320 Four to three. 759 00:44:32,540 --> 00:44:33,540 Against. 760 00:44:34,150 --> 00:44:35,150 Patrick Flanagan. 761 00:44:35,270 --> 00:44:36,270 I vote yes. 762 00:44:36,570 --> 00:44:38,390 Yes. Also yes. 763 00:44:38,710 --> 00:44:39,710 Also yes. 764 00:44:40,450 --> 00:44:42,310 You're going to abstain this time too, right, Eli? 765 00:44:43,790 --> 00:44:47,010 Right. You're going to fall in line behind Leland McKenzie. 766 00:44:47,230 --> 00:44:51,050 Well, he is owed a certain amount of deference, Daniel. He's not owed this. 767 00:44:51,350 --> 00:44:55,410 The vote's been taken. Should an opportunity arise again, I suggest we do 768 00:44:55,410 --> 00:44:57,990 after Inez. As far as I'm concerned, there won't be a next time. 769 00:44:58,210 --> 00:44:59,790 What does that mean? That means I quit. 770 00:45:00,070 --> 00:45:01,830 Oh, come on, Daniel. Save your breath. 771 00:45:06,350 --> 00:45:09,410 I don't want to work for a firm that does what this firm just did.