Original subtitles

[opening theme playing]

♪ some people stand In the darkness ♪

♪ afraid to step Into the light ♪

♪ some people need To help somebody ♪

♪ when the edge of Surrender's in sight ♪

♪ don't you worry

♪ it's gonna be all right

♪ 'cause I'm always ready

♪ I won't let you Out of my sight ♪

♪ I'll be ready

♪ I'll be ready

♪ never you fear

♪ no, don't you fear

♪ I'll be ready

♪ forever and always

♪ I'm always here

♪ 'cause I'm always ready

♪ I won't let you Out of my sight ♪

♪ I'll be ready

♪ I'll be ready

♪ never you fear

♪ no, don't you fear

♪ I'll be ready

♪ forever and always

♪ I'm always here.

[upbeat music]

[breathing heavily]

[tranquil music]

-whoo!

-hey, you already for The big race tomorrow?

-oh, yeah. You gonna ride?

-nah, my knee's all banged up.

-cody: yeah, we'll Miss you out there.

-hey, well, look at it this Way, at least you've got some

-chance of winning tomorrow. -[laughing]

-excuse me, do you know where I can find caroline holden?

-yeah, she's working Tower 14, just down the ramp,

Turn left, you can't miss it.

-thank you. -no problem.

-wonder what they Want with caroline.

-newmie: I don't know.

-well, I'll see you newmie. -newmie: all right.

-hey, watch it. -man: sorry.

-it's in my briefcase.

-hi, can I help you?

-are you caroline holden?

-yes.

-this is for you. -caroline: what is it?

-a summons for you to Appear in civil court.

-civil court? What's This all about?

-you're being sued for Negligence in the death

Of thomas o'hara.

-thomas o'hara? I'm Sorry, I don't know anybody

By that name, you might Have the wrong person.

-you don't remember him?

How could you forget?

-ellen: you might remember Him better as cowboy?

-he's my son, my only child,

And you left him to die

At the bottom of the ocean.

They still allow you To be a lifeguard.

-rose, let's go.

[melancholy music]

-hey, milton. -hey, mitch.

-hey, you, where you been?

I've been looking All over for you.

-the county council's office.

-what's up?

-the county's being sued For wrongful death

By the family of A drowning victim.

-you're kidding.

-I'm gonna need to see Your files on the incident.

-don't tell me, the boat fire?

Which lifeguards Are named in the suit?

-just caroline.

Why, were there Others involved?

-you ever get the feeling That there's just too many

Attorneys in the world?

-I still haven't gotten A complete account

Of what happened that night.

Wanna fill me in?

-bunch of kids were out On a boat, getting zonked,

Setting off fireworks.

They managed to set The boat on fire.

They jumped in the water To avoid the flames.

Caroline was the First to respond.

She rescued three of the boys, Newmie rescued the fourth.

-caroline, how many Were on the boat?

-four.

-problem was, there were Five boys on the boat.

-she must've been A wreck afterward.

-her entire life fell apart.

It took a long time to put The pieces back together.

-we can't let That happen again.

Where is she?

-her shift ended about A half an hour ago.

You wanna talk to her?

-sam: Yeah, I better do that.

-do me a favor, will ya? Go easy on her?

[dramatic music]

-sam: I guess you know.

I'm so sorry, caroline.

-they came right Up to my tower.

The mother wanted to see the Woman who let her son die.

-you didn't let anyone die.

-yes, I did. You weren't there.

-I talked to mitch, He told me what happened.

-I knew this wouldn't go away.

I knew that no matter how Hard I tried to forget,

That this wouldn't go away.

Now I've gotta go To court and I have

To relive the whole thing.

-I've already talked to the Lawyer who's handling the case.

He said nine times out of ten, These kind of things

Are dismissed or Settled out of court.

You've been through some Tough times lately, I know,

But you're gonna Get through this.

Promise, no matter what Happens, we will be with you

Every step of the way.

[melancholy music]

-have you heard From caroline?

Wasn't she supposed to Cook dinner tonight?

-c.J.: no, I haven't heard From her. Maybe she forgot.

-that's all right.

Made a big race tomorrow, Just gonna eat a big bowl

Of pasta and go to bed early.

-yeah, there you go, I gave you a little toy.

-c.J., where did That baby come from?

-you don't know where Babies come from?

-c.J. -we're babysitting.

-for who?

-for our friend In robert down 34d.

They haven't been out By themselves since james

Was born, so I said we'd Look after him tonight.

Hi, cody. My name is james.

-heya, james. How's It going, buddy?

-you just had a Little nap, didn't we?

You hungry? You want some nummies?

-nummies?

-yeah, I'm gonna Heat up some formula.

Here.

-[laughs] That's okay, I'm not too good with babies.

-now's the perfect Time to learn.

Put your towel down and Put your arms out straight.

There, is that comfortable?

-for him or me?

-well, cradle him in Your arms like a football.

There.

-okay, now what do I do?

-snuggle him close To your chest.

Isn't he adorable?

I wanna have a little Guy just like this.

Don't you?

-yeah, maybe, some day.

That a boy. [baby pooping]

What's he doing? Oh, no, oh, no, no.

-it's your first dirty diaper. -no, c.J. Take him.

-oh, what are you So squeamish about?

It's just poopies.

-I don't do diapers.

-c.J.: men are such wimps.

-oh, god.

-they've assigned you The most qualified person

In the county council's office.

Mitch knew him, they Went to school together.

Steve, this is caroline holden.

-steve cost.

-I thought you said The charges were going

To be dismissed.

-the judge wouldn't Grant our motion.

There's still a chance We will reach a settlement,

But until we have a deal, We have to prepare for trial.

You should also be aware that In addition to the charge

Of negligence, they are Seeking punitive damages

Against you personally For reckless conduct.

-reckless conduct?

Wait a second, I didn't act recklessly.

If anybody acted Recklessly, those boys did.

-how much are they asking In punitive damages?

-two million dollars. -two million dollars.

-the county will defend you On all counts,

But if a jury should Find against you

On the reckless conduct Charges, you could be personally

Liable for those damages.

-they know there's No way she can come up

With two million dollars.

-they are using that figure As leverage

For settlement purposes.

It's highly Unlikely any jury

Would award that much, But these days, who knows.

-mm-hm, so they could just Take everything that I have.

-these are very serious Charges, caroline.

[calming music]

-man: hey, man.

-woman: good luck!

[thrilling music]

[cheering]

[gunshot firing]

-drive me.

[cheering]

-whoo!

-yes! Whoo!

-congratulations. -all right, thank you.

-good race, man. Good race.

-whoo-hoo! Yes!

Baby, come here. Yeah.

-good job.

-congratulations, that was A hell of a race you just ran.

Thank you. -keith: keith curby.

-cody madison.

-how long have you been Racing mountain bikes?

-actually, I just Started, this is

My first Serious competition.

-really, you know I represent a lot of the guys

In the pro circuit.

I was hoping we might Be able to sit down

Sometime and chat. -yeah?

-between the events themselves And the endorsements,

A guy like you could make An awful lot of money.

-I like the sound of that.

-the companies that Sponsor the tour

Absolutely are dying To find someone

To pitch their products.

You might have the potential To be that someone.

[soothing music]

-let's start with A few general questions

Before we get into the Specifics of the case.

You are how old?

-caroline: 26.

-marital status?

-caroline: I'm divorced.

-me, too. Sucks.

Any kids?

-no.

-education?

-caroline: I've a bachelor's Degree from san diego state.

-that's where I went to school. What year did you graduate?

-'92.

-[laughs] I was A little bit before that.

How long have you Been lifeguarding?

-three years.

-have you ever Participated in a rescue

That resulted In a fatality before?

-no.

-steve: I'm sure this was A very traumatic experience

For you and not something You want to relive,

But I need to know exactly What happened that night.

Take your time.

Try to remember as Much detail as you can.

-I was working a Double shift that day.

I went out onto the scarab just Before the sun was setting.

I remember what a beautiful Sunset it really was.

295 from baywatch scarab one. I'm on patrol

Northbound out of Marina del rey.

About an hour after it got dark,

I noticed someone Shooting off fireworks,

So I headed In that direction.

[boys shouting]

As soon as I saw the flames, I called for back up.

By the time... I got There, everyone had

Already jumped overboard.

[dramatic music] [shouting]

[coughing]

When I reached the first Victim, I remember him as being

One of the boys I had Seen earlier that morning.

-where did you see him?

-they were cruising the marina.

They were acting like A bunch of jerks.

-how many boys did You see on the boat?

-I saw five.

-you're positive it was five?

-yes.

-then, why did you Only rescue four?

Was it a mental lapse? Did it slip your mind?

-no.

-you said you had been working A double shift, were you tired?

-no, I wasn't. -so then, you just screwed up, that's it?

-why are you attacking me? -answer the question.

Why did you only think there Were four boys in that boat?

-because the next time I saw Them, there were only four.

-and when was that?

-when I got on to the scarab. It was tied to the dock.

I didn't see the boy In the cowboy hat.

-you didn't see him or you Don't remember seeing him?

-I didn't see him.

-did you wonder what Maybe happened to him?

-no. -did the thought even cross your mind?

-look, I didn't think About it, I didn't know

He was gonna die.

-is that why that Boy died, caroline,

Because you were not thinking?

Caroline, what was Going through your mind?

-save me, ma'am. I'm drunk In my suds. Please help me.

-steve: caroline.

-save me. [laughs]

-steve: caroline.

-you don't remember him? How could you forget?

[laughing]

[dramatic music]

[melancholy music]

-$500,000? This isn't a settlement.

It's a surrender.

-the county will Pay the full amount.

Nothing will come out Of caroline's pocket.

-well, I find it hard to Believe this is the best

That you can do.

-the board of supervisors Is worried about a jury

Awarding the full amount.

They do not want to part With two million dollars

Of tax payers' money.

-I thought you said We had a good case.

-we do, as long as caroline Isn't called to testify.

We could not even get through A preliminary interview.

She'll never hold up On the witness stand.

-isn't that your job?

Aren't you supposed To prepare her for that?

-I can prepare her until We are both blue in the face,

But if she still blames Herself for that boy's death,

It's going to come out In her testimony.

Believe me, I know The opposing attorney.

She'll eat her alive.

-they've agreed to this?

-no, not yet.

Cowboy's mom is still Demanding that caroline

Be dismissed from The department.

Believe it or not, the Money is secondary to her.

-so they just Want her to suffer.

What is this, A personal vendetta?

[phone ringing] -excuse me.

Hello. Yeah, put her through.

It's The plaintiff's attorney.

Ellen, hello. So do we have a deal?

[breathing heavily]

-hi, caroline. -hey.

-I'm really sorry about The ringer they're putting

You through on this.

If there's anything I can do.

-thanks.

You heard something.

-they couldn't Reach a settlement.

-I knew I was going To have to go to court.

-you are not going To court. Not yet anyway.

Now the plaintiff has Agreed to take the case

To arbitration.

Now if everyone accepts The arbitrator's ruling,

Then that will be it, His decision is final.

-come on, what Difference does it make?

Either way, I'm still on trial.

[melancholy music]

-well, how long Have you been up?

-I've hardly slept.

-oh, you poor thing. This is so unfair.

-they should be treating you Like a hero, not a criminal.

This system is so screwed up, I could scream.

-probably won't be Such a good idea.

Might wake the neighbors.

[laughing]

-geez, how long is cody Going to be in there?

-oh, I'm sorry, He told me to tell you that

He went mountain bike Riding and that he had some

Meeting with a sports agent.

What is that about?

-oh.

They want him to Be a professional Mountain bike racer.

-oh. [laughs]

Wouldn't that make Him travel a lot?

-yeah, but it's Probably just as well.

I think cody and I have Come to the end of our road.

-what? What are You talking about?

-I don't know, I don't Know what's come over me.

All I can think about Is having a baby.

I have all these maternal Feelings and I have

No way to express them except

For when I'm babysitting james.

Which reminds me, I'm looking After him this morning.

-oh, that's okay.

Listen, have you talked to Cody about starting a family?

-he's not ready.

He's out there looking For action and adventure.

He's not ready to settle down.

Which is perfectly Understandable, I mean,

That's just the way he is.

I don't know how much Longer I can wait.

My biological clock is ticking.

-[laughs] Oh, c.J., I'm pretty sure that got

A couple of ticks Left in you.

-oh, I'm sorry, I shouldn't be bothering you

With all my stupid problems.

You have enough on your mind.

-oh, no, that's okay.

I mean, what are friends for?

Besides, it's kind of nice To know there's somebody

Out there who's as Depressed as I am.

[laughing]

-let's go eat something.

[soft music]

♪ I've been

♪ waiting for the time to pass

♪ staring at the hour glass

♪ ooh

♪ hoping

♪ for what my future holds

♪ can't help but want more

♪ ooh

♪ thinking of you feels like a dream

♪ the futures closer than it seems

♪ there's something in the way ♪ you make me feel

♪ there's something bout the way I know

♪ inside it feels so real

♪ won't spend time wishing on the stars

♪ cause I know someday ♪ I'll feel you in my arms

♪ someday I'll feel you in my arms

♪ someday I'll feel you in my arms

-caroline, you can either Keep feeling sorry for yourself

Or you can start helping Me prepare your defense.

It's your choice.

-what do you think Our chances are?

-honestly, it Could go either way.

-good. That's encouraging.

-I would feel A lot more confident

If I had your cooperation.

I might even be Able to help you.

-well, maybe I don't want your help.

Maybe I don't deserve To be out there.

-you really believe that?

-I don't know.

-I never knew your sister, But I sure heard a lot

About her when I was Working down in south bay.

She was like a living Legend down there.

The name stephanie Holden was synonymous

With pride and guts and courage.

Most importantly Professionalism.

I'm just really sorry it Doesn't run in the family.

If you decide you want To stand up and fight,

Not just for yourself,

But for Every lifeguard out there,

You can reach me At my office.

-steve?

I know that I did all I could to save those boys.

I don't think I deserve to be punished.

-neither do I, but we still Have to convince an arbitrator.

-I'll do the best That I can.

[melancholy music]

-good morning, Ladies and gentlemen.

I'm judge william lang And I'll be arbitrating

These proceedings today.

So, ms. Douglas, If you are ready,

You may proceed with Your first witness.

-mrs. O'hara, how old Was your son thomas

When he died?

-nineteen.

-nineteen years old. Still living at home?

-yes, he was Trying to save money

To go to college.

He wanted to be a teacher. He loved children.

-his friends called Him cowboy, didn't they?

-yeah, well, I had Given him a cowboy hat

For his last birthday.

It seemed like he Never took it off.

-when you were first Informed of your son's death,

You were told it Was an accident.

-yes, an accidental drowning.

-and you had no intention Of suing the county

Or the lifeguards For wrongful death.

-I took their word for it.

-what made you Change your mind?

-I saw a copy Of the transcript

Of the debriefing they Held after the incident.

-a document in which Caroline holden clearly states

And I quote, "I should've Known, they went past me

"In the marina, I saw them.

"He wore a cowboy hat on A boat. He flirted with me.

I shouldn't have Forgotten him."

End quote.

-she knew my son Was on that boat.

And she may have Saved the others,

But she let him die.

-it's in this paragraph.

-uh-huh, perfect, great.

-when you first arrived On the scene in your boat,

Where was caroline holden?

-in the water. She had secured two victims

To her rescue can and Was diving for a third.

[dramatic music]

-help!

-I saw someone go Down over there.

-caroline: okay.

-ellen: and you found No fault with her efforts?

-she was acting Exactly according to Lifeguard procedure.

-has it always been That way with ms. Holden?

Or has she had problems Carrying out her duties

In the past?

-I don't know what You're referring to.

-I have here a series of Incident reports in which

Either you or one of your Colleagues criticized

The defendant's performance And question her competence.

-maybe when she first Started at baywatch.

It takes awhile for Rookies to learn the ropes.

But on the night in question, Caroline did everything

She could to save Those boys' lives.

-lieutenant buchannon, You conducted an inquiry

Into the death of Thomas edward o'hara.

What were you able To determine?

-given the circumstances, The boat was on fire,

Multiple rescues in the Water, the condition

Of the victims, that the Lifeguards' efforts were nothing

Short of miraculous.

-were you the only officer To sign off on a report

Which exonerated Ms. Holden of any wrong doing?

-no.

-was the officer Lieutenant stephanie holden?

-yes.

-caroline holden's sister?

-yes, but if you're implying That lieutenant stephanie

Holden lied to prevent--

-thank you, mr. Buchannon. No further questions.

-lieutenant buchannon.

You stated in your review that The victim's blood alcohol

Level was 1.9.

-the coroner stated that The boy was legally drunk

At the time of his death.

-I imagine that made it Difficult to swim.

-that much alcohol would Make it very difficult

To walk let alone swim.

-objection.

-sustained.

-let me rephrase The question.

In your experience as A lifeguard, have you found

That excessive consumption Of alcohol can impede

A person's ability to swim?

-absolutely.

If that boy had been Able to stay afloat,

I guarantee you one of my Lifeguards would've rescued him.

-is it fair to say that you Had difficulty in dealing

With thomas o'hara's death?

-I suffered post Traumatic stress, yes.

-which included excessive Drinking, staying out all night,

Failing to pass a lifeguard Recheck and ultimately

Quitting your job At baywatch.

-but fortunately I was able To recover and return to work.

-ms. Holden, when was the First time you saw the boat

With the five boys on it?

-earlier that afternoon.

-and then again in the Evening as you were preparing

For night patrol, Is that correct?

-yes.

-it's illegal to drive A water craft while

Under the influence of Alcohol, isn't it, ms. Holden?

-yes.

-yet you made no attempt To stop those boys

Or to confiscate Their beer.

Even though as a lifeguard, You had the authority to do so.

-come on, guys, put Away the beer, all right?

We're gonna have To confiscate it.

-save me, ma'am, I'm drowning in my suds.

Please, help me, save me.

-I told them that they Shouldn't go out on that boat.

-oh, and what was Their response?

-they paid No attention to me.

-so, you let them go, Even though you suspected

That they were intoxicated And might endanger

Themselves Or other boaters.

So, perhaps this senseless Tragedy might never

Have occurred if you hadn't Neglected to enforce the law.

-objection, the defendant is Not a law enforcement officer.

-overruled, it was within Her jurisdiction to take

Whatever action She deemed appropriate.

-it's not surprising Given your lax attitude.

You failed to remember That thomas o'hara

Was on board the Boat that night.

-I didn't see him That night.

-and that's why He died, isn't it?

-steve: objection.

-sustained.

-no further questions.

-your honor, at this Time I would like to move

The proceedings out Into the marina.

-are there any objections?

-I think we could all Use a breath of fresh air.

[somber music]

-when the police Interviewed the survivors,

The boys said that cowboy Was passed out on the deck

Of the boat, was that correct?

-yes.

-so there is no way You could've seen him

Or even known he Was on that boat.

-that's right. -objection, your honor.

That hasn't been established as fact.

-your honor, I intend To establish that here now.

-please, continue.

-this is where caroline Was docked when she observed

The boys headed out the channel.

What you're seeing here is Exactly what she saw that night.

That boat is the Same make and model

As the one that Caught fire and burnt.

Mrs. O'hara, how Many boys do you see?

-rose, you don't have To answer that question.

-I see four.

-chris?

[boys shouting]

-hey, guys, why don't You call it a day, huh?

[boys shouting]

-as you can see with your Own eyes, mrs. O'hara,

Caroline holden could not Have known that your son

Was passed out on the Deck of that boat.

To hold her liable for His death would be wrong.

-man: Two weeks and...

-okay.

-judge: sorry. -okay, thank you.

Bye.

-well, that's it, the Arbitrator will have a written

Decision in about two weeks.

-two weeks?

You mean I have To have this thing hanging

Over my head for Another two weeks?

-what can I say? The wheels Of justice turn slowly.

-that was a brilliant Tactical maneuver

Getting everyone On this scarab.

Well done, councilor.

-thank you, captain, But let's hold the applause

Until we see how Effective it was.

-I...

I just wanted To tell you that I,

I've decided To drop my lawsuit.

-rose, I strongly advise You against doing that.

-you were the one who Pushed me into this.

I never wanted To sue anyone.

I don't care About the money.

I guess I...

I needed to blame someone.

Maybe I was blinded By my anger, or I don't know,

I don't know.

I'm sorry I put you Through this ordeal.

-mrs. O'hara, It's okay, and I don't know

If this is going to make You feel any better,

But not a day has gone By since your son's death

That I haven't Thought about him.

And nothing that was said today Will ever, ever change that.

He'll always be on my mind.

[triumphant music]

[laughing]

[closing theme playing]