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1
00:00:00,417 --> 00:00:03,045
- Doctor, did you have
occasion to examine Mr.
2
00:00:03,045 --> 00:00:05,589
Hicks on September 15, 1992?
3
00:00:05,589 --> 00:00:07,090
Yes, I did.
4
00:00:07,090 --> 00:00:10,427
- Would you tell us what
that examination revealed?
5
00:00:10,427 --> 00:00:12,930
- Mr. Hicks was suffering
from multiple contusions
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00:00:12,930 --> 00:00:14,348
about the head and the face.
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Both his neck and his
right arm were strained.
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00:00:17,017 --> 00:00:18,977
- What about the blood pressure?
- Mr. Hicks.
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00:00:18,977 --> 00:00:20,312
Come on.
10
00:00:20,312 --> 00:00:21,730
- Did you observe
anything else, Doctor?
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00:00:21,730 --> 00:00:23,732
- His blood pressure
was somewhat elevated.
12
00:00:23,732 --> 00:00:26,068
- And to what did Mr. Hicks
attribute his injuries?
13
00:00:26,068 --> 00:00:28,820
- He said that he was
beaten up by Val Bodine.
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00:00:28,820 --> 00:00:30,614
- Did he tell you how
this attack occurred?
15
00:00:30,614 --> 00:00:33,283
- He said that Mr. Bodine
charged into the stands
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00:00:33,283 --> 00:00:34,868
and attacked him.
17
00:00:34,868 --> 00:00:37,329
- What, if any, were the
short-term consequences of Mr.
18
00:00:37,329 --> 00:00:38,205
Hicks injuries?
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00:00:38,205 --> 00:00:40,082
Stiffness, soreness.
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00:00:40,082 --> 00:00:42,793
I believe that he was out
of work for about a week.
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00:00:42,793 --> 00:00:43,961
How about two weeks!
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00:00:43,961 --> 00:00:45,712
Mr. Hicks.
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00:00:45,712 --> 00:00:49,258
- What, if any, were the likely
long-term consequences of Mr.
24
00:00:49,258 --> 00:00:50,509
Hicks' injuries?
25
00:00:50,509 --> 00:00:52,636
- Some residual
soreness is possible.
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00:00:52,636 --> 00:00:55,055
Sleeplessness,
nervousness, a loss
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00:00:55,055 --> 00:00:57,724
of attention-- any and
all of these things
28
00:00:57,724 --> 00:00:59,268
are possible long-term effects.
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00:00:59,268 --> 00:01:00,143
Thank you.
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00:01:00,143 --> 00:01:01,520
I have nothing further.
31
00:01:01,520 --> 00:01:02,938
- Nothing further?
Come on.
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00:01:02,938 --> 00:01:04,273
The guy's hitting us for
$3,000, and you got--
33
00:01:04,273 --> 00:01:05,107
Mr. Hicks.
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00:01:05,107 --> 00:01:05,983
- --nothing further?
35
00:01:05,983 --> 00:01:07,150
Mr. Hicks, sit down!
36
00:01:07,150 --> 00:01:08,527
Hey, Doc!
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00:01:08,527 --> 00:01:09,903
You're taking money
under false pretenses!
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That's called stealing!
39
00:01:11,196 --> 00:01:12,948
- Mr. Hammond, will
you kindly advise
40
00:01:12,948 --> 00:01:14,992
your client as to the manner in
which he's to conduct himself?
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00:01:14,992 --> 00:01:16,368
Hang on, Your Honor!
42
00:01:16,368 --> 00:01:17,828
I'm not going to take
lessons in etiquette
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00:01:17,828 --> 00:01:19,246
from some guy who's
selling me down the river.
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00:01:19,246 --> 00:01:20,706
- You think I'm selling
you down the river, Ed?
45
00:01:20,706 --> 00:01:22,165
- Yes, I think you're
selling me down the river.
46
00:01:22,165 --> 00:01:23,917
- I think you're more
interested in cozying up
47
00:01:23,917 --> 00:01:26,336
to a big, famous baseball star
than you are with providing me
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00:01:26,336 --> 00:01:27,838
with adequate representation!
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00:01:27,838 --> 00:01:29,715
- Your Honor, at this
time, I would ask to be
50
00:01:29,715 --> 00:01:31,675
- relieved as Mr. Hicks' counsel.
- Whoa, whoa.
51
00:01:31,675 --> 00:01:34,594
Your Honor, we have been through
delay after delay after delay.
52
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- I can assure you,
that's not my intention.
53
00:01:35,846 --> 00:01:36,763
- Well, it may not
be your intention,
54
00:01:36,763 --> 00:01:38,265
but that is the effect.
55
00:01:38,265 --> 00:01:40,434
- Your Honor, we are now
into the baseball season.
56
00:01:40,434 --> 00:01:42,185
My client's practice
has been disrupted,
57
00:01:42,185 --> 00:01:43,979
and his performance on the
field is being affected.
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00:01:43,979 --> 00:01:46,273
Mr Hicks has been through
four different attorneys.
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00:01:46,273 --> 00:01:48,734
Each time he gets a new one,
he buys himself another delay.
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00:01:48,734 --> 00:01:50,610
- Mr. Rollins is
absolutely right.
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00:01:50,610 --> 00:01:53,238
Mr. Hammond, I'm not going
to allow you to withdraw.
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00:01:53,238 --> 00:01:55,741
- Your Honor, I cannot
effectively represent this man.
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00:01:55,741 --> 00:01:56,783
Hey, Judge?
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00:01:56,783 --> 00:01:58,535
How about if I represent myself?
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00:01:58,535 --> 00:02:01,496
- Mr. Hicks, do you have
legal background of any kind?
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00:02:01,496 --> 00:02:03,040
No, I do not.
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00:02:03,040 --> 00:02:05,000
- And you feel competent
to, uh, represent yourself?
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00:02:05,000 --> 00:02:07,419
- (SCOFFING) I'm at least
as competent as this idiot.
69
00:02:07,419 --> 00:02:08,795
All right, Mr. Hicks.
70
00:02:08,795 --> 00:02:10,589
We'll adjourn for
now in order to give
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00:02:10,589 --> 00:02:12,341
you an opportunity to prepare.
72
00:02:12,341 --> 00:02:13,717
Thank you, Your Honor.
73
00:02:13,717 --> 00:02:16,636
- We'll resume Wednesday
morning at 10:00 AM.
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00:02:16,636 --> 00:02:19,181
And please, be
prepared to proceed.
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00:02:19,181 --> 00:02:20,307
Don't worry, Judge.
76
00:02:20,307 --> 00:02:22,017
I'll be ready.
77
00:02:22,017 --> 00:02:23,268
Hey, Mr. Rollins.
78
00:02:23,268 --> 00:02:24,936
Now, we got us a game!
79
00:02:24,936 --> 00:02:25,771
[laughs]
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00:02:26,563 --> 00:02:30,150
[theme music]
81
00:03:59,406 --> 00:04:02,951
[upbeat music]
82
00:04:45,994 --> 00:04:46,828
Hey.
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00:04:46,828 --> 00:04:48,246
Hey, Gwen.
84
00:04:48,246 --> 00:04:50,081
- How's everything going
with the bar exam, Gwen?
85
00:04:50,081 --> 00:04:51,833
Oh, it's OK.
86
00:04:51,833 --> 00:04:53,877
I'm taking this review course
with this guy, Tony Henderson.
87
00:04:53,877 --> 00:04:57,088
I go to class every day,
and I study every night.
88
00:04:57,088 --> 00:04:58,465
I can attest to that.
89
00:04:58,465 --> 00:05:00,634
- Are you taking enough
time off from work?
90
00:05:00,634 --> 00:05:02,302
Uh, yeah, I am.
91
00:05:02,302 --> 00:05:05,222
Plus, as the test gets closer,
I'll be cutting back more.
92
00:05:05,222 --> 00:05:07,474
Plus, most of the time that
I'm here, all I'm doing
93
00:05:07,474 --> 00:05:08,308
is studying.
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00:05:08,308 --> 00:05:09,518
Good.
95
00:05:09,518 --> 00:05:10,685
- Don't be shy about
asking for help.
96
00:05:10,685 --> 00:05:11,937
- Thanks.
- Shall we?
97
00:05:11,937 --> 00:05:14,606
By all means.
98
00:05:14,606 --> 00:05:15,816
Hicks versus Bodine.
99
00:05:15,816 --> 00:05:16,858
That's me.
100
00:05:16,858 --> 00:05:18,276
We are representing Val Bodine.
101
00:05:18,276 --> 00:05:19,069
The ballplayer?
102
00:05:19,069 --> 00:05:20,320
The ballplayer.
103
00:05:20,320 --> 00:05:21,363
A guy named Hicks
had been heckling
104
00:05:21,363 --> 00:05:22,906
him for an entire season.
105
00:05:22,906 --> 00:05:25,534
Uh, Bodine went into the
stands and committed battery
106
00:05:25,534 --> 00:05:26,910
upon his person.
107
00:05:26,910 --> 00:05:28,954
The team offered Hicks
$100,000 to settle.
108
00:05:28,954 --> 00:05:29,955
Hicks refused.
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00:05:29,955 --> 00:05:31,289
He wanted his day in court.
110
00:05:31,289 --> 00:05:33,083
He hired and fired
five different lawyers,
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00:05:33,083 --> 00:05:34,543
and now he's
representing himself.
112
00:05:34,543 --> 00:05:35,544
Temporary insanity.
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00:05:35,544 --> 00:05:36,336
No.
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- Self-defense.
115
00:05:37,295 --> 00:05:38,797
No, all he did was yell.
116
00:05:38,797 --> 00:05:40,590
- Plead provocation to try
to mitigate the damages.
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That's what I'm doing.
118
00:05:41,842 --> 00:05:43,385
- And makes sure we
get some tickets.
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[chuckles] Done.
120
00:05:44,594 --> 00:05:46,388
- Salter versus
Sunny Hills School.
121
00:05:46,388 --> 00:05:47,347
That's mine.
122
00:05:47,347 --> 00:05:49,015
We represent Ben Salter.
123
00:05:49,015 --> 00:05:51,518
He's a second-grade teacher
who was accused of sexually
124
00:05:51,518 --> 00:05:52,561
molesting a student.
125
00:05:52,561 --> 00:05:53,812
- A male second-grade teacher?
126
00:05:53,812 --> 00:05:55,522
What kind of guy
teaches second grade?
127
00:05:55,522 --> 00:05:57,774
- We're not representing
child molesters, are we, Ann?
128
00:05:57,774 --> 00:05:59,234
- I said he was
accused, Douglas.
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00:05:59,234 --> 00:06:00,318
The charges were dropped.
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00:06:00,318 --> 00:06:01,653
What's he suing for?
131
00:06:01,653 --> 00:06:03,363
- The school asked
that he take something
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00:06:03,363 --> 00:06:06,700
called a penile plethysmograph
before they reinstate him.
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00:06:06,700 --> 00:06:08,451
- Yeah, I don't like
the sound of that.
134
00:06:08,451 --> 00:06:10,036
What is it?
135
00:06:10,036 --> 00:06:12,080
- It's a machine that attaches
a wire to the male organ
136
00:06:12,080 --> 00:06:13,623
and measures sexual arousal.
137
00:06:13,623 --> 00:06:14,916
[groans]
138
00:06:14,916 --> 00:06:16,418
- Ah, sounds like
A Clockwork Orange.
139
00:06:16,418 --> 00:06:18,086
He refused to do it.
140
00:06:18,086 --> 00:06:19,921
- You're convinced there was
no basis for the accusation?
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00:06:19,921 --> 00:06:21,673
- The charges were dropped.
- Yeah, yeah.
142
00:06:21,673 --> 00:06:23,425
I understand, but that
doesn't necessarily
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00:06:23,425 --> 00:06:25,468
- mean he didn't do it.
- In this country, it does.
144
00:06:27,888 --> 00:06:30,765
They attach a wire?
145
00:06:30,765 --> 00:06:34,936
- I keep telling myself, Gwen,
there are over 100,000 lawyers
146
00:06:34,936 --> 00:06:36,438
in the state of California.
147
00:06:36,438 --> 00:06:38,732
Most of those people pass
the bar without having
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00:06:38,732 --> 00:06:39,774
a nervous breakdown.
149
00:06:39,774 --> 00:06:40,734
You can too.
150
00:06:40,734 --> 00:06:42,986
You're going to do great.
151
00:06:42,986 --> 00:06:46,156
- I don't know how
I'm going to do.
152
00:06:46,156 --> 00:06:48,074
Oh, you got work to do.
153
00:06:48,074 --> 00:06:48,950
A little, yeah.
154
00:06:48,950 --> 00:06:50,243
OK.
155
00:06:50,243 --> 00:06:52,746
- You're going to
pass the test, Gwen.
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00:06:52,746 --> 00:06:56,416
- You've been pretty distant
lately, you know that?
157
00:06:56,416 --> 00:06:57,417
It's nothing.
158
00:06:57,417 --> 00:06:58,418
It's not nothing, Daniel.
159
00:06:58,418 --> 00:06:59,210
It's something.
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00:06:59,210 --> 00:07:01,838
Tell me what it is.
161
00:07:01,838 --> 00:07:04,633
I'm worried about my kid.
162
00:07:04,633 --> 00:07:06,885
I'm worried that she needs
more of a home life with me
163
00:07:06,885 --> 00:07:09,596
than she's getting.
164
00:07:09,596 --> 00:07:11,056
And I'm worried
that she needs more
165
00:07:11,056 --> 00:07:15,518
of a constant female influence.
166
00:07:15,518 --> 00:07:18,313
- And I don't fit
that description.
167
00:07:18,313 --> 00:07:20,649
- I'm not sure you want
to fit that description.
168
00:07:23,443 --> 00:07:24,861
- I can't discuss
this right now.
169
00:07:24,861 --> 00:07:25,862
I've got to study.
170
00:07:25,862 --> 00:07:27,405
OK.
171
00:07:27,405 --> 00:07:31,284
Um, I'll talk to you later.
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00:07:31,284 --> 00:07:32,202
[door shutting]
173
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What are the exceptions?
174
00:07:35,580 --> 00:07:38,917
Unavailability of the
declarant, previous testimony,
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00:07:38,917 --> 00:07:43,338
statement against interest,
dying declarations, pedigree.
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00:07:43,338 --> 00:07:45,757
All right, we'll go into the
specifics of each tomorrow.
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00:07:45,757 --> 00:07:47,509
Right now, I want to
say something to you
178
00:07:47,509 --> 00:07:48,551
about this whole process.
179
00:07:48,551 --> 00:07:50,428
Put down your pens.
180
00:07:50,428 --> 00:07:53,598
I'm seeing the look of
panic on a number of faces.
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00:07:53,598 --> 00:07:55,100
Panic isn't helpful.
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00:07:55,100 --> 00:07:57,769
Put down your pens.
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00:07:57,769 --> 00:07:59,562
There's a tremendous
amount of information
184
00:07:59,562 --> 00:08:01,231
you're going to have to
integrate between now
185
00:08:01,231 --> 00:08:03,108
and the day of the bar exam.
You need to be organized.
186
00:08:03,108 --> 00:08:05,235
You need to be disciplined.
You need to work your tail off.
187
00:08:05,235 --> 00:08:09,114
But at the end of the day,
you need to forget about it.
188
00:08:09,114 --> 00:08:10,198
What?
189
00:08:10,198 --> 00:08:10,990
Hey!
190
00:08:10,990 --> 00:08:11,950
You.
191
00:08:11,950 --> 00:08:12,867
Stop writing.
192
00:08:12,867 --> 00:08:14,285
Just listen.
193
00:08:14,285 --> 00:08:15,120
There are going to be
questions on this test
194
00:08:15,120 --> 00:08:16,329
you will get wrong.
195
00:08:16,329 --> 00:08:18,081
It makes absolutely
no difference
196
00:08:18,081 --> 00:08:21,000
if you pass by one point or by
40 points so long as you pass.
197
00:08:21,000 --> 00:08:22,919
Panic will not make you pass.
198
00:08:22,919 --> 00:08:24,796
Panic will make you fail.
199
00:08:24,796 --> 00:08:26,256
Don't panic.
200
00:08:26,256 --> 00:08:27,757
Eat well!
201
00:08:27,757 --> 00:08:28,717
Have great sex.
202
00:08:28,717 --> 00:08:29,843
[laughter]
203
00:08:29,843 --> 00:08:30,885
Get a good night's sleep.
204
00:08:30,885 --> 00:08:32,929
I'll see you tomorrow night.
205
00:08:32,929 --> 00:08:35,348
[scattered applause]
206
00:08:36,725 --> 00:08:38,184
Hey, Joel.
207
00:08:38,184 --> 00:08:39,811
Do you understand the
parole evidence rule?
208
00:08:39,811 --> 00:08:42,230
- All prior or
contemporaneous negotiations
209
00:08:42,230 --> 00:08:44,232
are subsumed into the
written agreement,
210
00:08:44,232 --> 00:08:46,443
assuming there is one.
211
00:08:46,443 --> 00:08:47,694
You want to get a beer?
212
00:08:47,694 --> 00:08:49,237
- Get a beer?
Don't you have to study?
213
00:08:49,237 --> 00:08:50,655
- I've studied
enough for one day.
214
00:08:50,655 --> 00:08:52,365
- Why is it I can
never feel that way?
215
00:08:52,365 --> 00:08:54,659
- All you have to do is
understand what they're looking
216
00:08:54,659 --> 00:08:55,869
for and give it to 'em.
217
00:08:55,869 --> 00:08:56,786
It's a test.
218
00:08:56,786 --> 00:08:59,748
It's no big deal.
219
00:08:59,748 --> 00:09:03,126
[synth jazz music]
220
00:09:08,298 --> 00:09:11,301
- I taught second grade at Sunny
Hills School for six years.
221
00:09:11,301 --> 00:09:14,095
- What reason was given
for your dismissal?
222
00:09:14,095 --> 00:09:17,724
- I refused to take a
penile plethysmograph test.
223
00:09:17,724 --> 00:09:20,852
- What is a penile
plethysmograph test?
224
00:09:20,852 --> 00:09:23,229
- They attach a metal
ring to your penis
225
00:09:23,229 --> 00:09:26,107
and measure your response to
pictures of naked children.
226
00:09:26,107 --> 00:09:27,901
- Why were you asked
to take such a test?
227
00:09:27,901 --> 00:09:30,278
- I'd been accused of molesting
an eight-year-old boy.
228
00:09:30,278 --> 00:09:31,070
Did you?
229
00:09:31,070 --> 00:09:32,822
No.
230
00:09:32,822 --> 00:09:35,784
- How did you first learn that
this accusation had been made?
231
00:09:35,784 --> 00:09:38,036
- Six police officers
came to the school,
232
00:09:38,036 --> 00:09:40,371
and in front of
students and faculty,
233
00:09:40,371 --> 00:09:42,040
I was placed under arrest.
234
00:09:42,040 --> 00:09:44,042
- Were you convicted of the
crime of child molestation?
235
00:09:44,042 --> 00:09:46,503
- No, I was never tried for
the crime of child molestation.
236
00:09:46,503 --> 00:09:48,797
The charges were dropped
for lack of evidence.
237
00:09:48,797 --> 00:09:50,799
- What position did
the administration
238
00:09:50,799 --> 00:09:52,509
at Sunny Hills
School take regarding
239
00:09:52,509 --> 00:09:54,219
your employment there?
240
00:09:54,219 --> 00:09:56,638
- Well, they said they were
happy and relieved and anxious
241
00:09:56,638 --> 00:09:58,723
to have me back
there teaching again.
242
00:09:58,723 --> 00:10:00,892
They said they knew right
along that I was innocent,
243
00:10:00,892 --> 00:10:02,977
but unfortunately there
were some lingering doubts
244
00:10:02,977 --> 00:10:05,563
among some of the parents,
and they asked me if I would
245
00:10:05,563 --> 00:10:07,148
help put those doubts to rest.
246
00:10:07,148 --> 00:10:08,900
- How did they
suggest you do that?
247
00:10:08,900 --> 00:10:11,486
- First, they asked me to
take a lie detector test.
248
00:10:11,486 --> 00:10:12,821
Did you agree to do so?
249
00:10:12,821 --> 00:10:13,780
Yes, I did.
250
00:10:13,780 --> 00:10:14,864
What was the result?
251
00:10:14,864 --> 00:10:16,282
I passed.
252
00:10:16,282 --> 00:10:19,410
- What, if anything, did
they ask you to do next?
253
00:10:19,410 --> 00:10:22,455
- They asked me to be
interviewed by a psychiatrist.
254
00:10:22,455 --> 00:10:23,998
Did you agree to do that?
255
00:10:23,998 --> 00:10:25,959
- Yes, I was interviewed
on five separate occasions,
256
00:10:25,959 --> 00:10:28,294
and to the best of my knowledge,
I was pronounced normal.
257
00:10:28,294 --> 00:10:30,130
- Did that suffice
for the administration
258
00:10:30,130 --> 00:10:31,047
of Sunny Hills School?
259
00:10:31,047 --> 00:10:32,757
No.
260
00:10:32,757 --> 00:10:35,510
They then asked that I take
a penile plethysmograph test.
261
00:10:35,510 --> 00:10:37,470
And when I refused,
I was dismissed.
262
00:10:37,470 --> 00:10:39,597
Why did you refuse?
263
00:10:39,597 --> 00:10:43,685
Because enough is enough.
264
00:10:43,685 --> 00:10:47,814
At some point, I had to reclaim
a little bit of dignity.
265
00:10:47,814 --> 00:10:50,066
That's what I did, and
that's what I was fired for.
266
00:10:50,066 --> 00:10:50,942
Thank you.
267
00:10:50,942 --> 00:10:52,152
I have nothing further.
268
00:10:52,152 --> 00:10:53,778
[courtroom murmuring]
269
00:10:53,778 --> 00:10:56,239
- Do you have children
of your own, Mr. Salter?
270
00:10:56,239 --> 00:10:57,407
No, I do not.
271
00:10:57,407 --> 00:10:59,075
- Well, if you
did, how would you
272
00:10:59,075 --> 00:11:01,870
feel about them being placed
in the care of a pedophile?
273
00:11:01,870 --> 00:11:03,538
I am not a pedophile.
274
00:11:03,538 --> 00:11:04,581
No, no.
275
00:11:04,581 --> 00:11:06,457
No, I'm not saying that you are.
276
00:11:06,457 --> 00:11:09,419
I'm asking you, how would you
feel about your own child,
277
00:11:09,419 --> 00:11:13,131
assuming that you had one, being
taken care of by a pedophile?
278
00:11:13,131 --> 00:11:14,674
- I would not allow
my child to be
279
00:11:14,674 --> 00:11:16,301
taken care of by a pedophile.
280
00:11:16,301 --> 00:11:18,219
- Well, then my question to
you, sir, is simply this.
281
00:11:18,219 --> 00:11:20,430
Shouldn't a school
do everything it can
282
00:11:20,430 --> 00:11:21,764
to stop that from happening?
283
00:11:21,764 --> 00:11:22,640
Not this.
284
00:11:22,640 --> 00:11:23,892
Why not this?
285
00:11:23,892 --> 00:11:26,019
- Because I'm not
a laboratory rat.
286
00:11:26,019 --> 00:11:27,437
That's why not.
287
00:11:27,437 --> 00:11:29,230
I'm a human being.
288
00:11:29,230 --> 00:11:31,190
- You're a human being that was
accused of being a pedophile.
289
00:11:31,190 --> 00:11:32,358
Those charges were dropped.
290
00:11:32,358 --> 00:11:33,776
- That's right,
they were dropped.
291
00:11:33,776 --> 00:11:34,986
They were never disproved.
They were dropped.
292
00:11:34,986 --> 00:11:35,653
- Objection!
- I thought you were--
293
00:11:35,653 --> 00:11:37,155
Sustained.
294
00:11:37,155 --> 00:11:38,656
- --innocent until proven
guilty in this country.
295
00:11:38,656 --> 00:11:40,074
I thought charges had to
be proved, not disproved.
296
00:11:40,074 --> 00:11:41,326
I'm curious about something.
297
00:11:41,326 --> 00:11:43,745
You agreed to a
lie detector test.
298
00:11:43,745 --> 00:11:45,705
You agreed to a
psychological profile.
299
00:11:45,705 --> 00:11:48,666
Why did you not agree to
the plethysmograph test?
300
00:11:48,666 --> 00:11:52,837
- Because I wouldn't
strip naked and have wires
301
00:11:52,837 --> 00:11:55,089
attached to my genitals.
302
00:11:55,089 --> 00:11:57,634
Because I felt that
it was my right
303
00:11:57,634 --> 00:12:00,094
as a citizen of this country
not to be forced to do that.
304
00:12:00,094 --> 00:12:01,804
- It wouldn't be because
you were afraid of what
305
00:12:01,804 --> 00:12:03,306
- might happen, would it?
- No.
306
00:12:03,306 --> 00:12:05,141
- It wouldn't be because
you were afraid that when
307
00:12:05,141 --> 00:12:07,894
photographs of naked young
boys were put in front of you
308
00:12:07,894 --> 00:12:09,187
that your genitals
would betray you?
309
00:12:09,187 --> 00:12:10,480
Objection.
310
00:12:10,480 --> 00:12:11,898
He's already answered
the question.
311
00:12:11,898 --> 00:12:12,815
- Wouldn't it be that
the penis doesn't lie?
312
00:12:12,815 --> 00:12:14,359
- Your Honor--
313
00:12:14,359 --> 00:12:17,737
- Mr. Colquitt, you will
stop badgering this witness.
314
00:12:17,737 --> 00:12:21,282
- Sir, I have never
molested a child in my life.
315
00:12:21,282 --> 00:12:23,326
I have never wanted
to molest a child.
316
00:12:23,326 --> 00:12:26,746
Now, unless and until somebody
proves that I'm lying,
317
00:12:26,746 --> 00:12:28,665
I don't want to
take any more tests.
318
00:12:28,665 --> 00:12:31,793
I want my job back,
I want my name back,
319
00:12:31,793 --> 00:12:34,045
and I want to be left alone.
320
00:12:41,344 --> 00:12:43,805
- Question, where were
you on the afternoon
321
00:12:43,805 --> 00:12:46,057
of September 15, 1992?
322
00:12:46,057 --> 00:12:49,185
Answer, I was in the
ballpark, sitting in my seat.
323
00:12:49,185 --> 00:12:50,395
[chuckling]
324
00:12:50,395 --> 00:12:52,563
Question, what were
you doing there?
325
00:12:52,563 --> 00:12:55,024
Answer, I was
watching a ball game.
326
00:12:55,024 --> 00:12:57,527
- Mr. Hicks, really not
necessary to keep saying
327
00:12:57,527 --> 00:12:58,695
question and answer.
328
00:12:58,695 --> 00:13:00,697
Whatever you want, Judge.
329
00:13:00,697 --> 00:13:03,700
What was Mr. Bodine
doing that day?
330
00:13:03,700 --> 00:13:06,244
He was playing left field.
331
00:13:06,244 --> 00:13:08,079
Did you say anything to him?
332
00:13:08,079 --> 00:13:09,247
Oh, yes, I did.
333
00:13:09,247 --> 00:13:10,999
What did I say?
334
00:13:10,999 --> 00:13:12,792
I said a lot of things.
335
00:13:12,792 --> 00:13:15,294
I commented on his
fielding, such as it is.
336
00:13:15,294 --> 00:13:16,838
He'd throw rainbows.
337
00:13:16,838 --> 00:13:18,589
He never figured it out.
338
00:13:18,589 --> 00:13:22,010
The shortest distance between
two points is a straight line!
339
00:13:22,010 --> 00:13:24,595
I commented on his propensity
to swing at bad pitches,
340
00:13:24,595 --> 00:13:26,889
to strikeout in
clutch situations!
341
00:13:26,889 --> 00:13:28,182
- Objection!
Your Honor--
342
00:13:28,182 --> 00:13:29,809
Sit down!
343
00:13:29,809 --> 00:13:32,979
- Mr. Hicks, I'll run the
courtroom if you don't mind.
344
00:13:32,979 --> 00:13:34,772
And the objection is sustained.
345
00:13:34,772 --> 00:13:38,401
Mr. Bodine's performance isn't
relevant to these proceedings.
346
00:13:38,401 --> 00:13:40,486
[chuckles] Ah.
347
00:13:40,486 --> 00:13:42,155
Did you use profanity?
348
00:13:42,155 --> 00:13:44,157
No, I did not.
349
00:13:44,157 --> 00:13:46,284
I make it a point not to.
350
00:13:46,284 --> 00:13:50,997
What did Val Bodine do upon
hearing my remarks, Mr. Hicks?
351
00:13:50,997 --> 00:13:52,373
Around the fifth
inning, he comes
352
00:13:52,373 --> 00:13:54,375
charging up into the
stands and assaults me.
353
00:13:54,375 --> 00:13:55,460
Did I fight back?
354
00:13:55,460 --> 00:13:56,753
No, I did not.
355
00:13:56,753 --> 00:13:59,213
Why did you not fight
back, Mr. Hicks?
356
00:13:59,213 --> 00:14:02,050
I was overmatched in
size and strength!
357
00:14:02,050 --> 00:14:04,469
What injuries did you sustain?
358
00:14:04,469 --> 00:14:07,805
Both eyes swollen shut, a head
that looked like a pumpkin.
359
00:14:07,805 --> 00:14:09,182
And that, I'm a shoe salesman.
360
00:14:09,182 --> 00:14:10,516
I deal with the public.
361
00:14:10,516 --> 00:14:12,643
I was unable to work
for some two weeks.
362
00:14:12,643 --> 00:14:14,979
And I was also left
a little frightened,
363
00:14:14,979 --> 00:14:18,733
shaken up, given the fact that
my 11-year-old son had just
364
00:14:18,733 --> 00:14:20,526
returned from buying
a hot dog in time
365
00:14:20,526 --> 00:14:22,153
to see his father beaten up.
366
00:14:22,153 --> 00:14:24,906
I felt deeply humiliated!
367
00:14:24,906 --> 00:14:27,033
[courtroom murmuring]
368
00:14:28,201 --> 00:14:32,872
- Well, I have no
further questions.
369
00:14:32,872 --> 00:14:35,625
- How many games had you
attended in the 1992 season
370
00:14:35,625 --> 00:14:37,251
by September the
15th, Mr. Hicks?
371
00:14:37,251 --> 00:14:39,212
- Every time there's a
home game, I was there.
372
00:14:39,212 --> 00:14:40,963
- Isn't it a fact,
sir, that at each
373
00:14:40,963 --> 00:14:44,217
and every one of those games,
you made continuous denigrating
374
00:14:44,217 --> 00:14:45,635
remarks to Mr. Bodine?
375
00:14:45,635 --> 00:14:47,553
- Hey, I got something
on my mind, I say it.
376
00:14:47,553 --> 00:14:49,388
You're allowed to do
that in the US of A.
377
00:14:49,388 --> 00:14:50,765
- You made remarks
about his fielding.
378
00:14:50,765 --> 00:14:52,100
You made remarks
about his hitting.
379
00:14:52,100 --> 00:14:53,476
I'm a student of the game.
380
00:14:53,476 --> 00:14:55,228
My observations happen
to have some merit.
381
00:14:55,228 --> 00:14:57,021
- But your observations weren't
limited to the game, were they?
382
00:14:57,021 --> 00:14:58,689
In what way weren't they?
383
00:14:58,689 --> 00:15:00,358
- Did you make remarks about
the failure of a restaurant
384
00:15:00,358 --> 00:15:01,692
that Mr. Bodine had invested in?
385
00:15:01,692 --> 00:15:03,111
It was in all the papers.
386
00:15:03,111 --> 00:15:04,904
It's not like I'm giving
away any state secrets.
387
00:15:04,904 --> 00:15:06,697
- You also saw fit
to harangue Mr.
388
00:15:06,697 --> 00:15:09,325
Bodine about a paternity suit
he was involved in, didn't you?
389
00:15:09,325 --> 00:15:12,495
- That paternity suit took 40
points off his batting average.
390
00:15:12,495 --> 00:15:14,997
- You were somewhat fixated
by Val Bodine, weren't you,
391
00:15:14,997 --> 00:15:15,957
Mr. Hicks?
392
00:15:15,957 --> 00:15:17,500
I was paying attention.
393
00:15:17,500 --> 00:15:19,043
- Isn't what you did a
little more than that, sir?
394
00:15:19,043 --> 00:15:21,337
Isn't what you did to have
kept up a non-stop barrage
395
00:15:21,337 --> 00:15:24,090
of verbal abuse, taunting,
and baiting this man until,
396
00:15:24,090 --> 00:15:26,551
on September 15,
you finally provoked
397
00:15:26,551 --> 00:15:27,802
him into making a response?
398
00:15:27,802 --> 00:15:30,304
- He's wasting his
God given talent!
399
00:15:30,304 --> 00:15:32,014
That's a sin by me.
400
00:15:32,014 --> 00:15:33,808
Look, I followed
this guy's career
401
00:15:33,808 --> 00:15:36,269
going back to the day they
brought him up from the minors.
402
00:15:36,269 --> 00:15:39,897
I tell the whole
world, this guy is it.
403
00:15:39,897 --> 00:15:43,609
This guy, he's the difference
between having and hoping.
404
00:15:43,609 --> 00:15:46,654
I stood by him because
I saw something in him!
405
00:15:46,654 --> 00:15:47,947
Look, my kid liked him.
406
00:15:47,947 --> 00:15:49,073
I liked him.
407
00:15:49,073 --> 00:15:51,576
We picked him as our guy.
408
00:15:51,576 --> 00:15:54,203
- And when he didn't live up
to that, you let him know.
409
00:15:54,203 --> 00:15:56,038
- This lucky bastard
makes more money
410
00:15:56,038 --> 00:15:57,874
playing nine innings
of baseball than I do
411
00:15:57,874 --> 00:15:59,375
selling shoes for six months.
412
00:15:59,375 --> 00:16:01,002
You bet I told him!
413
00:16:03,546 --> 00:16:04,881
I have no further questions.
414
00:16:04,881 --> 00:16:07,884
[courtroom murmuring]
415
00:16:11,262 --> 00:16:13,848
- Doctor, would you tell
us your field of expertise?
416
00:16:13,848 --> 00:16:16,309
- I'm a psychiatrist
specializing in the treatment
417
00:16:16,309 --> 00:16:17,810
of sexual disorders.
418
00:16:17,810 --> 00:16:19,687
- Did you have occasion to
interview the plaintiff?
419
00:16:19,687 --> 00:16:20,771
Yes, I did.
420
00:16:20,771 --> 00:16:22,190
- Would you tell
us what, if any,
421
00:16:22,190 --> 00:16:23,774
conclusions you
reached regarding
422
00:16:23,774 --> 00:16:25,276
his sexual orientation?
423
00:16:25,276 --> 00:16:28,070
- I found Mr. Salter
to be both heterosexual
424
00:16:28,070 --> 00:16:31,532
and age appropriate in his
social and sexual development.
425
00:16:31,532 --> 00:16:33,618
- Doctor, are you familiar
with this machine?
426
00:16:33,618 --> 00:16:35,036
Yes, I am.
427
00:16:35,036 --> 00:16:36,621
- Would you tell us what
it is and what it does?
428
00:16:36,621 --> 00:16:38,998
It's a penile plethysmograph.
429
00:16:38,998 --> 00:16:41,167
It measures the
degree of arousal
430
00:16:41,167 --> 00:16:44,378
a man undergoes when presented
with various stimuli,
431
00:16:44,378 --> 00:16:46,464
both visual and auditory.
432
00:16:46,464 --> 00:16:49,759
It operates by the use
of a strain gauge placed
433
00:16:49,759 --> 00:16:51,719
around the shaft of the penis.
434
00:16:51,719 --> 00:16:56,098
- In your opinion, Doctor, was
its use on this man indicated?
435
00:16:56,098 --> 00:16:59,268
- It most decidedly
was not indicated.
436
00:16:59,268 --> 00:17:00,770
And why do you say that?
437
00:17:00,770 --> 00:17:03,648
- Because far less intrusive
and, in my opinion,
438
00:17:03,648 --> 00:17:07,360
far more reliable diagnostic
techniques told you all
439
00:17:07,360 --> 00:17:09,278
you needed to know
about this man.
440
00:17:09,278 --> 00:17:12,448
Simply put, he is
not a pedophile.
441
00:17:12,448 --> 00:17:14,492
- Doctor, in your
opinion, does Ben Salter
442
00:17:14,492 --> 00:17:16,160
represent a threat
to the children
443
00:17:16,160 --> 00:17:17,536
who are placed in his care.
444
00:17:17,536 --> 00:17:18,871
Absolutely not.
445
00:17:18,871 --> 00:17:19,747
Thank you.
446
00:17:19,747 --> 00:17:20,706
I have nothing further.
447
00:17:24,502 --> 00:17:26,921
- Tell us, Doctor, is
there ever an occasion
448
00:17:26,921 --> 00:17:29,632
when a penile plethysmograph
would be indicated?
449
00:17:29,632 --> 00:17:32,218
- If you're trying to determine
an appropriate treatment
450
00:17:32,218 --> 00:17:35,596
modality, if you are designing
some sort of aversion therapy,
451
00:17:35,596 --> 00:17:38,933
or if the results of other
diagnostic techniques
452
00:17:38,933 --> 00:17:40,434
are inconclusive.
453
00:17:40,434 --> 00:17:42,645
- But the results of your
diagnostic techniques
454
00:17:42,645 --> 00:17:43,854
were conclusive?
455
00:17:43,854 --> 00:17:45,523
That's right.
456
00:17:45,523 --> 00:17:47,733
- Doctor, you administered
various psychological tests
457
00:17:47,733 --> 00:17:49,110
to Ben Salter, did you not?
458
00:17:49,110 --> 00:17:50,486
Yes, I did.
459
00:17:50,486 --> 00:17:52,029
- And these tests were
voluntary, were they
460
00:17:52,029 --> 00:17:53,406
not, Doctor?
461
00:17:53,406 --> 00:17:55,241
You asked a question,
he thought about it,
462
00:17:55,241 --> 00:17:56,325
and he gave you an answer.
463
00:17:56,325 --> 00:17:57,702
That's right.
464
00:17:57,702 --> 00:18:00,204
- The penile plethysmograph
test measures
465
00:18:00,204 --> 00:18:02,415
an involuntary response,
doesn't it, Doctor?
466
00:18:02,415 --> 00:18:04,000
Yes.
467
00:18:04,000 --> 00:18:06,419
- So when the school's
clinician got to the only test
468
00:18:06,419 --> 00:18:09,171
that Ben Salter couldn't
fake, and he backs off,
469
00:18:09,171 --> 00:18:12,383
doesn't that raise the
tiniest question in your mind
470
00:18:12,383 --> 00:18:15,177
about how conclusive
your diagnosis is?
471
00:18:15,177 --> 00:18:17,722
- He stated his reasons,
and I agree with him.
472
00:18:17,722 --> 00:18:20,474
- Is it possible that Ben Salter
could have fooled you, Doctor?
473
00:18:20,474 --> 00:18:24,145
- I've been practicing for
a long time, Mr Colquitt.
474
00:18:24,145 --> 00:18:25,646
It's not likely.
475
00:18:25,646 --> 00:18:28,065
- I asked you whether
or not it were possible.
476
00:18:30,943 --> 00:18:34,614
Anything's possible.
477
00:18:34,614 --> 00:18:36,115
That's what we're afraid of.
478
00:18:36,115 --> 00:18:37,408
I have nothing further, Doctor.
479
00:18:37,408 --> 00:18:39,035
Thank you.
480
00:18:39,035 --> 00:18:40,369
[sighs]
481
00:18:41,120 --> 00:18:41,996
Hey, Gwen.
482
00:18:41,996 --> 00:18:43,039
Arnie.
483
00:18:43,039 --> 00:18:44,248
How's the bar review going?
484
00:18:44,248 --> 00:18:45,291
Fine.
485
00:18:45,291 --> 00:18:46,584
You're handling the pressure?
486
00:18:49,086 --> 00:18:50,588
Hey.
487
00:18:50,588 --> 00:18:53,007
You all right?
488
00:18:53,007 --> 00:18:55,176
- Every minute I'm awake,
all I want to do is sleep.
489
00:18:55,176 --> 00:18:58,095
Every minute I try and sleep, I
lie in bed, my eyes wide open,
490
00:18:58,095 --> 00:18:59,847
trying the hell to
understand collateral
491
00:18:59,847 --> 00:19:03,184
estoppel or-- or
prior restraint or--or
492
00:19:03,184 --> 00:19:04,685
the rule against perpetuities.
493
00:19:04,685 --> 00:19:06,646
Do you understand the
rule against perpetuities?
494
00:19:06,646 --> 00:19:07,480
No.
495
00:19:07,480 --> 00:19:08,481
Oh, great.
496
00:19:08,481 --> 00:19:09,690
Nobody does.
497
00:19:09,690 --> 00:19:11,692
- How does anybody
pass the bar exam?
498
00:19:11,692 --> 00:19:13,861
- Gwen, you can't get hung
up on what you don't know.
499
00:19:13,861 --> 00:19:15,279
You don't have to
know everything.
500
00:19:15,279 --> 00:19:17,740
Right, just enough to pass.
501
00:19:17,740 --> 00:19:19,700
That's right.
502
00:19:19,700 --> 00:19:21,160
I don't know, Arnie.
503
00:19:21,160 --> 00:19:22,578
Why-- why did I ever
think I could be a lawyer?
504
00:19:22,578 --> 00:19:24,413
What kind of bright
idea was that?
505
00:19:24,413 --> 00:19:25,831
Hey, come on.
506
00:19:25,831 --> 00:19:27,541
- I mean, did-- no, no,
really, did my parents
507
00:19:27,541 --> 00:19:28,542
want me to be a lawyer?
508
00:19:28,542 --> 00:19:29,960
No.
509
00:19:29,960 --> 00:19:31,337
Did I grow up watching
To Kill a Mockingbird
510
00:19:31,337 --> 00:19:33,047
and thrilled at the
knowledge that I could
511
00:19:33,047 --> 00:19:34,382
be the next Atticus Finch?
512
00:19:34,382 --> 00:19:35,549
No.
513
00:19:35,549 --> 00:19:36,676
I-- I don't even
remember deciding
514
00:19:36,676 --> 00:19:37,885
I wanted to go to law school.
515
00:19:37,885 --> 00:19:39,220
I don't remember that.
516
00:19:39,220 --> 00:19:40,888
- What's the worst
thing that can happen?
517
00:19:40,888 --> 00:19:41,806
You fail.
518
00:19:41,806 --> 00:19:43,140
So what?
519
00:19:43,140 --> 00:19:44,517
I failed the first
time I took the exam.
520
00:19:44,517 --> 00:19:47,728
You can take it as
many times as you want.
521
00:19:47,728 --> 00:19:50,398
- I don't think I could survive
going through this one
522
00:19:50,398 --> 00:19:51,440
more time.
523
00:19:55,111 --> 00:19:56,779
- What was your
reaction when you first
524
00:19:56,779 --> 00:19:58,364
heard that Ben
Salter was accused
525
00:19:58,364 --> 00:20:00,491
of sexually molesting a child?
526
00:20:00,491 --> 00:20:01,826
Shock.
527
00:20:01,826 --> 00:20:04,161
Complete and utter shock.
528
00:20:04,161 --> 00:20:06,789
This, after all, was someone
I considered a friend.
529
00:20:06,789 --> 00:20:08,207
What did you do?
530
00:20:08,207 --> 00:20:09,875
- Pending the resolution
of the criminal charges,
531
00:20:09,875 --> 00:20:11,168
I suspended him.
532
00:20:11,168 --> 00:20:12,920
When the charges were
dropped, I called
533
00:20:12,920 --> 00:20:15,214
him into my office to map out
a plan for his reinstatement.
534
00:20:15,214 --> 00:20:16,799
Why did you need a plan?
535
00:20:16,799 --> 00:20:19,343
Why didn't you
just reinstate him?
536
00:20:19,343 --> 00:20:22,596
- There was a lot of concern
on the part of the parents.
537
00:20:22,596 --> 00:20:24,014
That's why.
538
00:20:24,014 --> 00:20:25,599
- How did you seek to
address that concern?
539
00:20:25,599 --> 00:20:28,102
- By conducting our own
investigation of Ben and then
540
00:20:28,102 --> 00:20:29,895
by being able to go
to the parents and say
541
00:20:29,895 --> 00:20:31,355
he got a clean bill of health.
542
00:20:31,355 --> 00:20:33,441
- And did Mr. Salter
indicate to you
543
00:20:33,441 --> 00:20:36,318
that he was willing to cooperate
with such an examination?
544
00:20:36,318 --> 00:20:37,486
Yes, he did.
545
00:20:37,486 --> 00:20:38,988
And did he, in fact, do so?
546
00:20:38,988 --> 00:20:40,656
Up to a point, he did.
547
00:20:40,656 --> 00:20:45,077
When it came time to use the
plethysmograph, he refused.
548
00:20:45,077 --> 00:20:48,873
I had no choice but to fire him.
549
00:20:48,873 --> 00:20:51,375
- Would you tell the court why
you felt that to be the case?
550
00:20:51,375 --> 00:20:54,503
- The question had been raised
as to the advisability of
551
00:20:54,503 --> 00:20:56,422
letting Ben be around children.
552
00:20:56,422 --> 00:20:58,466
That question had to
be settled, and it
553
00:20:58,466 --> 00:21:00,050
had to be settled by him.
554
00:21:00,050 --> 00:21:02,178
I have no further questions.
555
00:21:02,178 --> 00:21:04,805
- I assume you were relieved
when the charges were dropped,
556
00:21:04,805 --> 00:21:05,681
were you not?
557
00:21:05,681 --> 00:21:07,391
Profoundly relieved.
558
00:21:07,391 --> 00:21:10,436
- You just had the problem of
those parents to deal with.
559
00:21:10,436 --> 00:21:11,479
That's right.
560
00:21:11,479 --> 00:21:13,230
- Had any of the
parents actually
561
00:21:13,230 --> 00:21:16,025
communicated their concern over
Mr. Salter's reinstatement?
562
00:21:16,025 --> 00:21:19,028
- If I had reinstated him, I
would have heard from them.
563
00:21:19,028 --> 00:21:20,237
Believe me.
564
00:21:20,237 --> 00:21:23,073
These people pay
$7,000 a year to put
565
00:21:23,073 --> 00:21:24,825
their kids in our school.
566
00:21:24,825 --> 00:21:26,702
- And you figure that entitled
them to have a wire hooked up
567
00:21:26,702 --> 00:21:28,204
to this man's genitals, right?
568
00:21:28,204 --> 00:21:29,121
Objection.
569
00:21:29,121 --> 00:21:30,331
Sustained.
570
00:21:30,331 --> 00:21:31,540
- What other
requirements would you
571
00:21:31,540 --> 00:21:34,001
be willing to impose
on your faculty
572
00:21:34,001 --> 00:21:35,711
in an effort to
please the parents?
573
00:21:35,711 --> 00:21:37,087
I don't know what you mean.
574
00:21:37,087 --> 00:21:38,714
- What if there were
a teacher that someone
575
00:21:38,714 --> 00:21:39,715
suspected of being gay?
576
00:21:39,715 --> 00:21:41,050
Being gay isn't a crime.
577
00:21:41,050 --> 00:21:43,469
- What crime did
Ben Salter commit?
578
00:21:43,469 --> 00:21:45,471
- He was accused of
molesting a child.
579
00:21:45,471 --> 00:21:48,098
What crime did he commit?
580
00:21:48,098 --> 00:21:50,392
- So far as we know, he
didn't commit any crime.
581
00:21:50,392 --> 00:21:52,686
- Then why were you treating
him like a criminal?
582
00:21:52,686 --> 00:21:54,855
- I was doing my
job as headmaster
583
00:21:54,855 --> 00:21:57,191
by protecting our
students and the school
584
00:21:57,191 --> 00:21:58,818
at which I was employed.
585
00:21:58,818 --> 00:22:01,946
- What were you protecting
the school from, Mr. Hollis?
586
00:22:01,946 --> 00:22:04,031
- From the possibility
of being sued in case
587
00:22:04,031 --> 00:22:06,617
Ben Salter did commit
a crime, in case
588
00:22:06,617 --> 00:22:10,371
he wasn't age appropriate
in his sexual orientation.
589
00:22:10,371 --> 00:22:12,957
- In other words, this was
a legal strategy, wasn't it?
590
00:22:12,957 --> 00:22:14,458
You were preparing
for a lawsuit,
591
00:22:14,458 --> 00:22:16,252
and you wanted to be
able to say if anything
592
00:22:16,252 --> 00:22:18,754
happened that it was the
machine's fault and not yours?
593
00:22:18,754 --> 00:22:20,923
- I think that way because
I have to think that way,
594
00:22:20,923 --> 00:22:23,342
because lawyers like you
make me think that way.
595
00:22:23,342 --> 00:22:26,762
- You had a prosecutor dismiss
the charges against this man,
596
00:22:26,762 --> 00:22:30,099
you had a lie detector test
and a psychiatric evaluation
597
00:22:30,099 --> 00:22:32,434
both conclude that he
was not a pedophile,
598
00:22:32,434 --> 00:22:34,770
and still that wasn't
enough for you.
599
00:22:34,770 --> 00:22:37,606
- No, it wasn't, and it wouldn't
have been enough for anyone
600
00:22:37,606 --> 00:22:39,024
in my position.
601
00:22:39,024 --> 00:22:41,026
Most schools would have
dropped him on his head.
602
00:22:41,026 --> 00:22:43,779
I'm bending over backwards
to give him back his job.
603
00:22:43,779 --> 00:22:47,533
I'm spending a fortune to employ
"state of the art" technology,
604
00:22:47,533 --> 00:22:51,203
and he wants to pick and choose
what he will and will not do?
605
00:22:51,203 --> 00:22:56,083
He's lucky I'm willing to
strap him up to that machine!
606
00:22:56,083 --> 00:22:57,376
Thank you, Mr. Hollis.
607
00:22:57,376 --> 00:22:58,794
I have no further questions.
608
00:22:58,794 --> 00:23:02,298
[tense music]
609
00:23:08,637 --> 00:23:12,224
[synth jazz music]
610
00:23:20,107 --> 00:23:22,776
- Describe for us, if you will,
Mr. Bodine, the first time you
611
00:23:22,776 --> 00:23:24,111
noticed Ed Hicks.
612
00:23:24,111 --> 00:23:26,989
- It was opening day
of the 1992 season.
613
00:23:26,989 --> 00:23:28,741
He was yelling at
me for the mistakes
614
00:23:28,741 --> 00:23:30,451
he said I made back in 1991.
615
00:23:30,451 --> 00:23:32,369
- I was supposed to
pretend they didn't happen?
616
00:23:32,369 --> 00:23:33,370
Mr. Hicks.
617
00:23:33,370 --> 00:23:34,872
Yeah, I know.
618
00:23:34,872 --> 00:23:36,457
- How was it that you were
able to tell from whom
619
00:23:36,457 --> 00:23:37,791
those remarks were coming?
620
00:23:37,791 --> 00:23:38,751
How could I tell?
621
00:23:38,751 --> 00:23:40,085
Yeah.
622
00:23:40,085 --> 00:23:41,795
- When other people
sat down, he stood up.
623
00:23:41,795 --> 00:23:44,840
Uh, when other people
got quiet, he got loud.
624
00:23:44,840 --> 00:23:47,009
When other people got
loud, he got louder.
625
00:23:47,009 --> 00:23:48,594
You couldn't help
but notice this guy.
626
00:23:48,594 --> 00:23:50,846
- And did his behavior
continue in a similar fashion
627
00:23:50,846 --> 00:23:52,014
beyond opening day?
628
00:23:52,014 --> 00:23:53,223
- Yeah, how about
all season long?
629
00:23:53,223 --> 00:23:54,767
- What was it that
caused you to go
630
00:23:54,767 --> 00:23:57,895
into the stand and-- and
physically assault Ed Hicks?
631
00:23:57,895 --> 00:24:01,690
- I just settled this paternity
suit, and, uh, it was painful.
632
00:24:01,690 --> 00:24:03,442
It was messy.
633
00:24:03,442 --> 00:24:05,778
And even though it was in the
papers, when he mentioned it,
634
00:24:05,778 --> 00:24:07,446
I went nuts.
635
00:24:07,446 --> 00:24:09,990
I had to listen to his voice
for five and a half months.
636
00:24:09,990 --> 00:24:12,701
And I'm sorry that it
happened, but hearing
637
00:24:12,701 --> 00:24:15,829
him talk about my personal
life on that particular day
638
00:24:15,829 --> 00:24:17,247
was more than I could take.
639
00:24:17,247 --> 00:24:18,540
I have nothing further.
640
00:24:18,540 --> 00:24:20,417
[courtroom murmuring]
641
00:24:20,417 --> 00:24:22,294
- How much money did
you make last year, Val?
642
00:24:22,294 --> 00:24:23,462
Objection, irrelevant.
643
00:24:23,462 --> 00:24:24,463
Hey, Judge!
644
00:24:24,463 --> 00:24:26,423
Is it irrelevant to them?
645
00:24:26,423 --> 00:24:27,424
I'm going to allow it.
646
00:24:27,424 --> 00:24:28,384
Hey!
647
00:24:28,384 --> 00:24:29,385
[claps] Way to go, Judge!
648
00:24:29,385 --> 00:24:31,095
[chuckles] Excuse me.
649
00:24:31,095 --> 00:24:31,970
How much, Val?
650
00:24:31,970 --> 00:24:33,389
I made 2.2 million.
651
00:24:33,389 --> 00:24:35,474
2.2 million?
652
00:24:35,474 --> 00:24:36,266
Whoa-oh!
653
00:24:36,266 --> 00:24:37,726
Heh-heh-heh.
654
00:24:37,726 --> 00:24:39,478
How much is that per
game, do you know?
655
00:24:39,478 --> 00:24:40,437
No, I don't know.
656
00:24:40,437 --> 00:24:42,523
Well, let's look it up.
657
00:24:42,523 --> 00:24:46,777
162 games into 2.2
million, that's--
658
00:24:46,777 --> 00:24:48,070
whoa.
659
00:24:48,070 --> 00:24:52,574
It's a little more than $13,580.
660
00:24:52,574 --> 00:24:55,035
- There are probably 150
other guys in this league
661
00:24:55,035 --> 00:24:56,829
- who make more money than I do.
- Really?
662
00:24:56,829 --> 00:24:58,789
- There's probably 400
who had a better season.
663
00:24:58,789 --> 00:25:00,124
- [laughs]
- I was hurt!
664
00:25:00,124 --> 00:25:01,333
You were hurt.
665
00:25:01,333 --> 00:25:02,876
So what were you
doing playing hurt?
666
00:25:02,876 --> 00:25:04,169
- I mean, who were you helping?
- Objection, Your Honor.
667
00:25:04,169 --> 00:25:05,671
Sustained.
668
00:25:05,671 --> 00:25:07,256
We're not here to discuss
Mr. Bodine's performance
669
00:25:07,256 --> 00:25:08,674
on the field, Mr. Hicks.
670
00:25:08,674 --> 00:25:10,426
Understood, Your Honor.
671
00:25:10,426 --> 00:25:12,845
Do you know you were called out
on strikes 24 times last year?
672
00:25:12,845 --> 00:25:13,637
Objection.
673
00:25:13,637 --> 00:25:15,139
Mr. Hicks!
674
00:25:15,139 --> 00:25:16,890
- There were some bad
calls in there, Mr. Hicks.
675
00:25:16,890 --> 00:25:18,892
- Oh, come on, please, let's not
start crying about the ump now.
676
00:25:18,892 --> 00:25:19,852
Do me a favor.
677
00:25:19,852 --> 00:25:21,270
Gentlemen, enough!
678
00:25:21,270 --> 00:25:23,063
If you want to argue the
fine points of baseball,
679
00:25:23,063 --> 00:25:24,064
do it on your own time.
680
00:25:31,405 --> 00:25:32,906
[sighs]
681
00:25:34,283 --> 00:25:35,743
Why did you hit me, Val?
682
00:25:35,743 --> 00:25:37,453
- I hit you because
you wouldn't shut up.
683
00:25:37,453 --> 00:25:40,205
- Why did you hit me
in front of my kid?
684
00:25:40,205 --> 00:25:41,081
I'm sorry.
685
00:25:41,081 --> 00:25:43,667
I didn't see your kid.
686
00:25:43,667 --> 00:25:46,253
Let me ask you something.
687
00:25:46,253 --> 00:25:48,547
Do you ever listen
to what I'm saying?
688
00:25:48,547 --> 00:25:50,132
I can't help listening to it!
689
00:25:50,132 --> 00:25:51,508
You can't help hearing.
690
00:25:51,508 --> 00:25:54,052
What I'm asking is
do you ever listen.
691
00:25:54,052 --> 00:25:56,221
Look it, I've got a manager.
692
00:25:56,221 --> 00:25:57,347
I've got coaches.
693
00:25:57,347 --> 00:25:58,599
I've got teammates.
694
00:25:58,599 --> 00:25:59,433
I got people.
695
00:25:59,433 --> 00:26:00,976
I've got friends.
696
00:26:00,976 --> 00:26:02,686
I got enough people to
listen to who actually know
697
00:26:02,686 --> 00:26:04,813
what they're talking about.
I don't need to listen to you!
698
00:26:11,361 --> 00:26:14,072
- My son came home from
school, and right away
699
00:26:14,072 --> 00:26:15,616
I knew something was wrong.
700
00:26:15,616 --> 00:26:17,409
How did you know?
701
00:26:17,409 --> 00:26:19,369
Well, because I'm his mother.
702
00:26:19,369 --> 00:26:20,621
Mothers know.
703
00:26:20,621 --> 00:26:22,664
What, if anything, did you do?
704
00:26:22,664 --> 00:26:24,249
I talked to him.
705
00:26:24,249 --> 00:26:26,752
It took a while, but he
finally told me what was wrong.
706
00:26:26,752 --> 00:26:30,297
He told me that his teacher,
Ben Salter, had molested him.
707
00:26:30,297 --> 00:26:31,882
Objection, hearsay.
708
00:26:31,882 --> 00:26:34,134
- This is being used to
demonstrate the state of mind
709
00:26:34,134 --> 00:26:35,469
of the witness, Your Honor.
710
00:26:35,469 --> 00:26:37,221
I'll allow it.
711
00:26:37,221 --> 00:26:38,764
- Your Honor, I want the jury
instructed that this statement
712
00:26:38,764 --> 00:26:40,933
by the witness's child
is being admitted solely
713
00:26:40,933 --> 00:26:42,684
to demonstrate the
witness's state of mind
714
00:26:42,684 --> 00:26:44,394
and should not be taken as fact.
715
00:26:44,394 --> 00:26:46,897
The jury is so advised.
716
00:26:46,897 --> 00:26:50,484
What, if anything, did you do?
717
00:26:50,484 --> 00:26:53,821
- First, I called the police,
and then I called the school.
718
00:26:53,821 --> 00:26:55,781
- And you continue to
believe that your child
719
00:26:55,781 --> 00:26:58,075
was molested by this man?
720
00:26:58,075 --> 00:26:59,493
Yes, I do.
721
00:26:59,493 --> 00:27:01,245
- Despite the fact that
the District Attorney's
722
00:27:01,245 --> 00:27:03,789
Office found there to
be insufficient evidence
723
00:27:03,789 --> 00:27:05,374
to proceed to trial?
724
00:27:05,374 --> 00:27:07,668
- District attorneys often
find insufficient evidence
725
00:27:07,668 --> 00:27:10,087
to proceed to trial,
but that does not
726
00:27:10,087 --> 00:27:13,048
shake my conviction one iota.
727
00:27:13,048 --> 00:27:15,634
I believe my child.
728
00:27:15,634 --> 00:27:16,718
I have nothing further.
729
00:27:19,304 --> 00:27:21,265
- Had your son ever
been sexually assaulted
730
00:27:21,265 --> 00:27:22,599
prior to that day at school?
731
00:27:22,599 --> 00:27:23,809
Objection, irrelevant.
732
00:27:23,809 --> 00:27:25,102
- It's being offered
to demonstrate
733
00:27:25,102 --> 00:27:26,520
the witness's state of mind.
734
00:27:26,520 --> 00:27:27,354
I'll allow it.
735
00:27:27,354 --> 00:27:28,730
Had he?
736
00:27:28,730 --> 00:27:30,065
Yes.
737
00:27:30,065 --> 00:27:31,567
- Who was it that
molested him that time?
738
00:27:31,567 --> 00:27:33,819
- His father, my ex-husband.
739
00:27:33,819 --> 00:27:35,946
- You first accused your
ex-husband of sexual
740
00:27:35,946 --> 00:27:37,656
molestation while the two
of you were in the middle
741
00:27:37,656 --> 00:27:39,074
of a divorce, isn't that right?
742
00:27:39,074 --> 00:27:40,617
Yes, I did.
743
00:27:40,617 --> 00:27:42,953
That was one of the reasons
he and I got a divorce.
744
00:27:42,953 --> 00:27:45,455
- Tell us, was he ever
tried for the crime
745
00:27:45,455 --> 00:27:46,874
of sexual molestation?
746
00:27:46,874 --> 00:27:47,875
No, he wasn't.
747
00:27:47,875 --> 00:27:49,042
Why was that?
748
00:27:49,042 --> 00:27:50,419
- The district
attorney felt there
749
00:27:50,419 --> 00:27:52,754
was insufficient evidence.
750
00:27:52,754 --> 00:27:55,465
Do you think that
means that I'm crazy?
751
00:27:55,465 --> 00:27:57,342
- Ask that the witness
confine her remarks
752
00:27:57,342 --> 00:27:59,219
to answering the questions
she's being asked.
753
00:27:59,219 --> 00:28:01,597
- The witness will refrain
from engaging in colloquy
754
00:28:01,597 --> 00:28:03,098
with plaintiff counsel.
755
00:28:03,098 --> 00:28:06,602
- Does your son's father
have visitation rights?
756
00:28:06,602 --> 00:28:08,061
Yes, he does.
757
00:28:08,061 --> 00:28:10,105
- Does he have unsupervised
visitation rights?
758
00:28:10,105 --> 00:28:11,273
Yes.
759
00:28:11,273 --> 00:28:12,774
- It's safe to
assume then, is it
760
00:28:12,774 --> 00:28:14,401
not, that there was not
only insufficient evidence
761
00:28:14,401 --> 00:28:16,069
to support a
criminal prosecution,
762
00:28:16,069 --> 00:28:17,821
there was insufficient
evidence to prevent
763
00:28:17,821 --> 00:28:20,407
him from being alone with the
child you claim he molested.
764
00:28:20,407 --> 00:28:22,451
- You can be sure that
if it were up to me,
765
00:28:22,451 --> 00:28:24,161
that wouldn't be the case.
766
00:28:24,161 --> 00:28:26,121
- Was it you or your ex-husband
who wanted to keep your son
767
00:28:26,121 --> 00:28:27,581
enrolled at Sunny Hills?
768
00:28:27,581 --> 00:28:29,124
- That doesn't have
anything to do with this.
769
00:28:29,124 --> 00:28:30,542
- Ask that the
witness be directed
770
00:28:30,542 --> 00:28:31,543
to answer the question.
771
00:28:31,543 --> 00:28:33,295
It was him.
772
00:28:33,295 --> 00:28:34,546
- Your husband got to keep the
house in Brentwood, didn't he?
773
00:28:34,546 --> 00:28:35,380
Objection.
774
00:28:35,380 --> 00:28:36,590
Overruled.
775
00:28:36,590 --> 00:28:38,175
- It was his before
we got married.
776
00:28:38,175 --> 00:28:40,344
- You wanted to enroll
your son in a school that
777
00:28:40,344 --> 00:28:42,930
was close to where you
lived, close to where you
778
00:28:42,930 --> 00:28:44,431
had to move to,
because you couldn't
779
00:28:44,431 --> 00:28:45,807
afford a house in Brentwood.
780
00:28:45,807 --> 00:28:47,309
You were the one that
had to pick him up,
781
00:28:47,309 --> 00:28:49,061
you were the one that had
to take him to school,
782
00:28:49,061 --> 00:28:51,438
and the judge who presided
over your divorce required
783
00:28:51,438 --> 00:28:52,940
you to keep him in Sunny Hills.
784
00:28:52,940 --> 00:28:54,858
The judge listened to
your husband about that
785
00:28:54,858 --> 00:28:57,486
just the way he listened to your
husband about everything else.
786
00:28:57,486 --> 00:28:58,820
Do you think I made it up?
787
00:28:58,820 --> 00:29:02,032
Do you think I made
this whole thing up?
788
00:29:02,032 --> 00:29:04,034
These things happen.
789
00:29:04,034 --> 00:29:05,661
People's lives are ruined.
790
00:29:05,661 --> 00:29:08,538
Men do whatever they want
to do, and lives are ruined.
791
00:29:08,538 --> 00:29:11,833
Women and children's
lives are ruined.
792
00:29:11,833 --> 00:29:14,127
- Did your son tell you that
he'd been molested, Mrs.
793
00:29:14,127 --> 00:29:16,463
Hartshorn, or did you tell him?
794
00:29:16,463 --> 00:29:17,756
[shakily exhales]
795
00:29:18,966 --> 00:29:23,553
He told me, and I believed him.
796
00:29:23,553 --> 00:29:24,972
I have nothing further.
797
00:29:24,972 --> 00:29:27,975
[courtroom murmuring]
798
00:29:34,940 --> 00:29:36,316
- Mr. Henderson--
- Tony.
799
00:29:36,316 --> 00:29:37,109
Right, Tony.
800
00:29:37,109 --> 00:29:38,318
And you are?
801
00:29:38,318 --> 00:29:39,611
Gwen Taylor.
802
00:29:39,611 --> 00:29:40,946
- What can I do for
you, Gwen Taylor?
803
00:29:40,946 --> 00:29:42,614
- I was wondering if
you could recommend
804
00:29:42,614 --> 00:29:44,324
a tutor or an outside class
or someplace where I can get
805
00:29:44,324 --> 00:29:46,785
a little extra help preparing
because otherwise I'm not
806
00:29:46,785 --> 00:29:48,036
going to make it through this.
807
00:29:48,036 --> 00:29:49,705
Everybody feels that way.
808
00:29:49,705 --> 00:29:51,289
No, you don't understand.
809
00:29:51,289 --> 00:29:52,874
I don't-- I don't
have a law degree.
810
00:29:52,874 --> 00:29:54,418
I've been apprenticing.
811
00:29:54,418 --> 00:29:56,712
I haven't had a lot of practice
being tested like this.
812
00:29:56,712 --> 00:29:58,964
I'm going under, and I
really need some help.
813
00:29:58,964 --> 00:29:59,756
Hi, Tony.
814
00:29:59,756 --> 00:30:01,258
Hi, Sheryl.
815
00:30:01,258 --> 00:30:02,718
- Are we going to
cover third-party
816
00:30:02,718 --> 00:30:03,552
beneficiaries today?
817
00:30:03,552 --> 00:30:04,886
Yes, we are.
818
00:30:04,886 --> 00:30:06,888
- Good, because I'm
hopelessly confused.
819
00:30:06,888 --> 00:30:07,764
You see?
820
00:30:07,764 --> 00:30:09,307
You're not alone.
821
00:30:09,307 --> 00:30:12,811
- Tony, I passed hopelessly
confused last Tuesday.
822
00:30:12,811 --> 00:30:14,730
I--I learned all
these these mnemonics,
823
00:30:14,730 --> 00:30:18,066
MY LEGS for written contracts
and COPE for the rules against
824
00:30:18,066 --> 00:30:19,651
perpetuities, but
now I can't remember
825
00:30:19,651 --> 00:30:20,986
what the letters stand for.
Does the E--
826
00:30:20,986 --> 00:30:22,571
- Gwen--
827
00:30:22,571 --> 00:30:24,281
- --in-- in LEGS stand for
Executor, or is it Escrow?
828
00:30:24,281 --> 00:30:25,907
- The O--
- Gwen--Gwen, I will help you.
829
00:30:25,907 --> 00:30:27,701
- You will?
- Is tomorrow night soon enough?
830
00:30:27,701 --> 00:30:28,577
- Yeah.
- Good.
831
00:30:28,577 --> 00:30:30,078
Tomorrow night it is.
832
00:30:30,078 --> 00:30:31,329
- I can't believe you have
time enough to help me.
833
00:30:31,329 --> 00:30:32,122
I'll make time.
834
00:30:32,122 --> 00:30:33,331
I like a challenge.
835
00:30:35,751 --> 00:30:38,378
Come on.
836
00:30:38,378 --> 00:30:40,881
- Imagine that every
morning you go to work,
837
00:30:40,881 --> 00:30:42,591
you encounter the same person.
838
00:30:42,591 --> 00:30:45,969
Wherever you are, there he is.
839
00:30:45,969 --> 00:30:49,723
And all day, every
day, he yells at you.
840
00:30:49,723 --> 00:30:51,391
He reminds you of
mistakes you've made.
841
00:30:51,391 --> 00:30:53,685
He tells you what you're not
doing as well as you should,
842
00:30:53,685 --> 00:30:55,062
what opportunities
you've missed,
843
00:30:55,062 --> 00:30:56,938
what-- what a
disappointment you've been.
844
00:30:56,938 --> 00:30:59,649
And he comments on
your personal life
845
00:30:59,649 --> 00:31:05,322
loud enough so that everybody
can hear, that he won't stop.
846
00:31:05,322 --> 00:31:07,032
So you try to ignore him.
847
00:31:07,032 --> 00:31:09,326
You try to concentrate on your
work, and you tell yourself,
848
00:31:09,326 --> 00:31:10,577
it's-- it's part of the job.
849
00:31:10,577 --> 00:31:12,245
It's a part of the job.
850
00:31:12,245 --> 00:31:16,083
In one way or another, you
manage not to lose your temper
851
00:31:16,083 --> 00:31:20,378
until that day, until that
day when the circumstances
852
00:31:20,378 --> 00:31:23,340
in your life are such that
this-- this guy yelling at you
853
00:31:23,340 --> 00:31:25,634
just pushes you over the edge.
854
00:31:25,634 --> 00:31:27,135
It could happen to me.
855
00:31:27,135 --> 00:31:28,804
It could happen to you.
856
00:31:28,804 --> 00:31:30,806
It happened to him.
857
00:31:30,806 --> 00:31:33,058
Val Bodine is a
professional baseball
858
00:31:33,058 --> 00:31:34,267
player, ladies and gentlemen.
859
00:31:34,267 --> 00:31:35,560
He is not a trained bear.
860
00:31:35,560 --> 00:31:37,229
Yes, he's paid.
861
00:31:37,229 --> 00:31:38,939
He's paid very well to play
baseball in front of people,
862
00:31:38,939 --> 00:31:41,191
and, yes, he should be able
to take the booing along
863
00:31:41,191 --> 00:31:42,400
with the cheering.
864
00:31:42,400 --> 00:31:43,819
But what's a little
tough to take
865
00:31:43,819 --> 00:31:47,155
is the relentless and
obsessive taunting
866
00:31:47,155 --> 00:31:48,865
by a man like Ed Hicks.
867
00:31:48,865 --> 00:31:50,575
I mean-- I mean, just think--
think what it would be like
868
00:31:50,575 --> 00:31:52,994
if it were him waiting
for you every day
869
00:31:52,994 --> 00:31:56,623
at work, every day for
five and a half months.
870
00:31:56,623 --> 00:32:00,210
I ask you to imagine
that right now
871
00:32:00,210 --> 00:32:01,545
before you render your verdict.
872
00:32:10,345 --> 00:32:12,347
How do you do this?
873
00:32:12,347 --> 00:32:13,890
[chuckles] What, am I--
874
00:32:13,890 --> 00:32:17,060
I'm supposed to get up
here and make a speech?
875
00:32:17,060 --> 00:32:18,562
All right, I'm going
to get up here,
876
00:32:18,562 --> 00:32:20,730
I'm going to make a speech,
and-- and everyone's
877
00:32:20,730 --> 00:32:22,023
going to listen to me.
878
00:32:22,023 --> 00:32:23,358
It's pretty good.
879
00:32:23,358 --> 00:32:25,235
[chuckles] Doesn't
happen to me very often.
880
00:32:25,235 --> 00:32:26,570
[laughs]
881
00:32:26,570 --> 00:32:28,947
I mean, when you're
a kid, you dream
882
00:32:28,947 --> 00:32:30,615
everybody will listen to you.
883
00:32:30,615 --> 00:32:34,161
You dream about being
center of attention.
884
00:32:34,161 --> 00:32:35,829
You dream big.
885
00:32:35,829 --> 00:32:39,708
You dream you'd be a Senator
or a movie star or a-- or a,
886
00:32:39,708 --> 00:32:43,920
you know, baseball player.
887
00:32:43,920 --> 00:32:45,755
You don't dream you're
going to sell shoes.
888
00:32:45,755 --> 00:32:48,925
That's just something you
wind up doing like-- and that
889
00:32:48,925 --> 00:32:50,844
and watching baseball games.
890
00:32:54,806 --> 00:32:58,268
Time stands still
at a baseball game.
891
00:32:58,268 --> 00:32:59,436
There's no clock.
892
00:32:59,436 --> 00:33:00,937
Who you are doesn't matter.
893
00:33:00,937 --> 00:33:03,607
Anybody can go if you
come up with the money.
894
00:33:03,607 --> 00:33:05,150
All right, so maybe
it sounds stupid,
895
00:33:05,150 --> 00:33:08,361
but 12% of my take-home pay
goes to buy the tickets.
896
00:33:08,361 --> 00:33:13,408
I used to go with my father,
and now my son goes with me.
897
00:33:13,408 --> 00:33:16,203
I'm a-- I'm a nervous,
overweight guy who drives
898
00:33:16,203 --> 00:33:19,122
an hour and a half back and
forth to work to make 37.5
899
00:33:19,122 --> 00:33:21,791
a year selling shoes.
900
00:33:21,791 --> 00:33:23,460
I mean, my kid's
not going to yell
901
00:33:23,460 --> 00:33:25,378
from the rooftops about what
his old man does for a living.
902
00:33:25,378 --> 00:33:27,589
He's got nothing to brag
about in that department.
903
00:33:27,589 --> 00:33:29,341
He's stuck with me.
904
00:33:29,341 --> 00:33:32,844
So I take him to the baseball
game, and I make a lot of noise
905
00:33:32,844 --> 00:33:35,138
so my kid will see that I--
906
00:33:35,138 --> 00:33:39,351
I love something, and
he'll love that thing too.
907
00:33:39,351 --> 00:33:41,102
All right, you may
not believe this,
908
00:33:41,102 --> 00:33:47,692
but when we're at the ballgame,
I am a real big shot to my kid.
909
00:33:47,692 --> 00:33:49,027
Nobody knows the game better.
910
00:33:49,027 --> 00:33:50,487
Nobody yells louder!
911
00:33:50,487 --> 00:33:55,325
And that may not be a
lot, but it's something!
912
00:33:55,325 --> 00:33:57,410
It is something.
913
00:33:57,410 --> 00:34:00,872
[contemplative music]
914
00:34:20,892 --> 00:34:23,770
- Did Sunny Hills
School act reasonably
915
00:34:23,770 --> 00:34:26,940
in requiring Mr. Salter
to take this test,
916
00:34:26,940 --> 00:34:29,025
the penile plethysmograph?
917
00:34:29,025 --> 00:34:31,611
Much has been made of
the test's invasiveness.
918
00:34:31,611 --> 00:34:34,155
We all feel discomfort
at hearing it described
919
00:34:34,155 --> 00:34:36,658
and imagining it
administered to ourselves.
920
00:34:36,658 --> 00:34:38,785
Admittedly, it's hard
to view it as anything
921
00:34:38,785 --> 00:34:42,872
other than a violation
of one's privacy.
922
00:34:42,872 --> 00:34:46,501
I would urge you to keep one
thing in perspective, though.
923
00:34:46,501 --> 00:34:49,796
It's not as much a violation
as being sexually molested.
924
00:34:49,796 --> 00:34:52,674
And that, ladies and gentlemen,
is what we are talking about.
925
00:34:52,674 --> 00:34:56,845
If a school had any basis to
suspect one of its teachers
926
00:34:56,845 --> 00:35:00,682
of molesting children sexually
and they did not do anything
927
00:35:00,682 --> 00:35:04,352
they could to prevent that,
the next sound you would hear
928
00:35:04,352 --> 00:35:07,606
would be the snapping open of
attorneys' briefcases hell bent
929
00:35:07,606 --> 00:35:10,108
on suing that school
for all it's worth.
930
00:35:10,108 --> 00:35:12,736
The penile plethysmograph
is the fastest
931
00:35:12,736 --> 00:35:16,281
means we have of breaking
through a suspect's denial.
932
00:35:16,281 --> 00:35:19,576
Its results may
not be conclusive,
933
00:35:19,576 --> 00:35:22,495
but they definitely give
us a piece of the puzzle.
934
00:35:22,495 --> 00:35:28,626
They enable us to identify who
is a threat to our children.
935
00:35:28,626 --> 00:35:30,211
If any of you--
936
00:35:30,211 --> 00:35:32,422
if you or if
someone close to you
937
00:35:32,422 --> 00:35:35,759
was sexually abused
as a child, you
938
00:35:35,759 --> 00:35:38,011
understand the enormity
of that threat,
939
00:35:38,011 --> 00:35:40,555
and the momentary
discomfort or embarrassment
940
00:35:40,555 --> 00:35:43,850
that Ben Salter may go through
as a result of this test
941
00:35:43,850 --> 00:35:46,227
pales in significance
when compared
942
00:35:46,227 --> 00:35:51,566
to the misery and the pain
that a victim of sexual abuse
943
00:35:51,566 --> 00:35:55,362
carries with them the
rest of their life.
944
00:35:55,362 --> 00:35:57,530
I would urge you to render
your verdict accordingly.
945
00:36:01,785 --> 00:36:04,245
- Ladies and gentlemen,
I am not here to defend
946
00:36:04,245 --> 00:36:06,748
the sexual abuse of children.
947
00:36:06,748 --> 00:36:09,542
My adversary has done
his level best, however,
948
00:36:09,542 --> 00:36:12,504
to make it appear that I am.
949
00:36:12,504 --> 00:36:15,298
He knows that if you are
sufficiently caught up
950
00:36:15,298 --> 00:36:18,134
in the drumbeat of
fear and suspicion,
951
00:36:18,134 --> 00:36:20,261
you won't bother to
distinguish between that
952
00:36:20,261 --> 00:36:24,182
which has been alleged and
that which has been proven.
953
00:36:24,182 --> 00:36:27,018
And if you don't bother
to do that, he wins.
954
00:36:30,688 --> 00:36:33,400
This case terrifies me.
955
00:36:33,400 --> 00:36:35,360
I look at what
happened to Ben Salter,
956
00:36:35,360 --> 00:36:37,862
and I understand how it was
that women called witches
957
00:36:37,862 --> 00:36:39,864
were burned at the stake.
958
00:36:39,864 --> 00:36:43,493
A person stands accused of
that which we as a society
959
00:36:43,493 --> 00:36:45,120
revile and condemn.
960
00:36:45,120 --> 00:36:50,208
He refuses to have wires
attached to his body, wires
961
00:36:50,208 --> 00:36:53,837
which bypass the conscious
mind, which measure not guilt
962
00:36:53,837 --> 00:36:57,799
or innocence but the physiology
of some disembodied part
963
00:36:57,799 --> 00:37:01,428
of his anatomy as if
that defines who he is.
964
00:37:01,428 --> 00:37:05,557
As a result, he loses his job
and has his reputation ruined.
965
00:37:05,557 --> 00:37:09,227
Does it behoove him to suffer
whatever ordeal is put in front
966
00:37:09,227 --> 00:37:11,187
of him in order to undo that?
967
00:37:11,187 --> 00:37:14,482
Only if you're willing
to scrap the Constitution
968
00:37:14,482 --> 00:37:17,902
and cast out the most basic
tenet of our judicial system,
969
00:37:17,902 --> 00:37:20,655
innocent until proven guilty.
970
00:37:20,655 --> 00:37:24,451
This is not a case about child
abuse, ladies and gentlemen.
971
00:37:24,451 --> 00:37:26,828
It's a case about an
innocent man fighting
972
00:37:26,828 --> 00:37:29,956
for his right to hold
on to the last shred
973
00:37:29,956 --> 00:37:33,626
of what it means to be human.
974
00:37:33,626 --> 00:37:36,379
[courtroom whispering]
975
00:37:41,009 --> 00:37:43,052
[indistinct chatter]
976
00:37:43,052 --> 00:37:44,929
Hi.
977
00:37:47,474 --> 00:37:48,766
How you doing?
978
00:37:48,766 --> 00:37:49,601
OK.
979
00:37:51,686 --> 00:37:52,937
How's the bar review going?
980
00:37:52,937 --> 00:37:54,731
OK.
981
00:37:54,731 --> 00:37:56,024
How's Lucy?
982
00:37:56,024 --> 00:37:57,776
She's great.
983
00:37:57,776 --> 00:38:02,447
- I was, um, thinking about her,
and I was thinking about what
984
00:38:02,447 --> 00:38:03,948
you said the other day.
985
00:38:03,948 --> 00:38:06,493
- Gwen, this really can
wait until after the bar.
986
00:38:06,493 --> 00:38:08,828
I don't think it should.
987
00:38:08,828 --> 00:38:14,375
I-- I don't think I can
be the constant that she
988
00:38:14,375 --> 00:38:15,877
needs in her life, Daniel.
989
00:38:15,877 --> 00:38:18,671
And the truth is that
I don't think I can be
990
00:38:18,671 --> 00:38:20,465
the constant you need either.
991
00:38:23,009 --> 00:38:23,885
So.
992
00:38:26,012 --> 00:38:26,888
So.
993
00:38:33,645 --> 00:38:37,232
I thought this would feel
terrible but at least
994
00:38:37,232 --> 00:38:41,569
be a relief, and instead
it just feels terrible.
995
00:38:41,569 --> 00:38:42,612
Hey.
996
00:38:42,612 --> 00:38:43,863
Oh, I'm so sorry.
997
00:38:48,493 --> 00:38:51,579
So am I.
998
00:38:51,579 --> 00:38:54,749
- Has the jury
reached a verdict?
999
00:38:54,749 --> 00:38:55,875
We have, Your Honor.
1000
00:38:55,875 --> 00:38:57,961
What say you?
1001
00:38:57,961 --> 00:39:00,380
- We find for the plaintiff,
Edward Hicks, and award
1002
00:39:00,380 --> 00:39:02,632
the sum of $1 in damages.
1003
00:39:02,632 --> 00:39:04,050
So say you all?
1004
00:39:04,050 --> 00:39:05,552
$1?
1005
00:39:05,552 --> 00:39:07,178
Mr. Hicks.
1006
00:39:07,178 --> 00:39:09,430
- They don't give IQ tests
for jury duty, do they?
1007
00:39:09,430 --> 00:39:10,431
- Mr. Hicks--
1008
00:39:10,431 --> 00:39:11,224
Hey, morons.
1009
00:39:11,224 --> 00:39:12,225
Bailiff!
1010
00:39:12,225 --> 00:39:13,476
Here's a question for ya.
1011
00:39:13,476 --> 00:39:15,728
How could he be guilty
and only owe $1?
1012
00:39:15,728 --> 00:39:17,272
Listen to me, Mr. Hicks.
1013
00:39:17,272 --> 00:39:19,023
- If I give you a dollar,
do I get to beat you up?
1014
00:39:19,023 --> 00:39:20,316
Mr. Hicks!
1015
00:39:20,316 --> 00:39:21,818
If you don't stop
haranguing the jury,
1016
00:39:21,818 --> 00:39:23,736
I'm going to have the
officer of the court place
1017
00:39:23,736 --> 00:39:24,571
you under arrest.
1018
00:39:24,571 --> 00:39:26,656
Ah!
1019
00:39:26,656 --> 00:39:29,325
The jury is dismissed with
the thanks of the court.
1020
00:39:29,325 --> 00:39:30,451
This court's adjourned.
1021
00:39:34,372 --> 00:39:35,456
- Hey, Ed!
Ed!
1022
00:39:35,456 --> 00:39:36,708
What?
1023
00:39:36,708 --> 00:39:38,418
What, you want to
rub my nose in it?
1024
00:39:38,418 --> 00:39:39,836
- You want to beat me up again?
- No, the jury already did that.
1025
00:39:39,836 --> 00:39:41,296
Hey, Val.
1026
00:39:41,296 --> 00:39:42,547
Are you sure this is
going to be constructive?
1027
00:39:42,547 --> 00:39:43,923
- Jonathan, I got
a little business
1028
00:39:43,923 --> 00:39:45,258
to take care of with this man.
1029
00:39:45,258 --> 00:39:47,010
Oh, what kind of business?
1030
00:39:47,010 --> 00:39:48,386
I want to give you something.
1031
00:39:48,386 --> 00:39:50,179
- Oh, what, you're going
to give me a dollar?
1032
00:39:50,179 --> 00:39:51,973
- No, I'm not going to
give you the dollar.
1033
00:39:51,973 --> 00:39:54,642
I want to give you
this for your boy.
1034
00:39:54,642 --> 00:39:56,728
What's this for?
1035
00:39:56,728 --> 00:39:59,063
- Y-- you showed me
something yesterday.
1036
00:39:59,063 --> 00:40:01,983
I thought you were just a pain
in the ass, which you are,
1037
00:40:01,983 --> 00:40:03,526
but you're more than that.
1038
00:40:03,526 --> 00:40:05,320
You-- you love the game.
1039
00:40:05,320 --> 00:40:06,738
You love your kid.
1040
00:40:06,738 --> 00:40:08,781
And I respect you for that.
1041
00:40:08,781 --> 00:40:10,950
I'd like it if you realize
that I'm a human being
1042
00:40:10,950 --> 00:40:12,285
and respect me too.
1043
00:40:16,331 --> 00:40:18,249
Is that the real deal?
1044
00:40:18,249 --> 00:40:19,959
I used it all last season.
1045
00:40:19,959 --> 00:40:22,462
- Including when you blew the
double play against the Astros?
1046
00:40:22,462 --> 00:40:23,546
Yeah, including then.
1047
00:40:26,341 --> 00:40:28,092
Thanks.
1048
00:40:28,092 --> 00:40:29,135
It'll mean a lot to him.
1049
00:40:33,264 --> 00:40:34,265
It means a lot to me.
1050
00:40:39,228 --> 00:40:40,938
All right.
1051
00:40:40,938 --> 00:40:43,149
Hey, sorry I beat you up.
1052
00:40:43,149 --> 00:40:45,234
I lived.
1053
00:40:45,234 --> 00:40:46,319
See you at the ballpark?
1054
00:40:46,319 --> 00:40:47,904
Yeah, count on it!
1055
00:40:51,908 --> 00:40:56,037
- Would the foreperson
please read the verdict?
1056
00:40:56,037 --> 00:40:58,456
- We the jury in the matter
of Salter versus Sunny
1057
00:40:58,456 --> 00:41:02,794
Hills School find for the
plaintiff and award $250,000
1058
00:41:02,794 --> 00:41:04,420
in damages.
1059
00:41:04,420 --> 00:41:06,464
- The court hereby orders
the plaintiff be reinstated.
1060
00:41:06,464 --> 00:41:09,133
The jury is discharged
with thanks of the court.
1061
00:41:09,133 --> 00:41:12,095
This court is adjourned.
1062
00:41:12,095 --> 00:41:13,262
I think we need to talk.
1063
00:41:16,391 --> 00:41:18,559
- I'm not worried about
the monetary damages.
1064
00:41:18,559 --> 00:41:22,689
They'll be covered by
our insurance carrier.
1065
00:41:22,689 --> 00:41:26,192
The problem comes
with reinstating you.
1066
00:41:26,192 --> 00:41:28,319
- What is it you're
asking, Mr. Hollis?
1067
00:41:28,319 --> 00:41:31,447
- I'm asking for you to
teach someplace else.
1068
00:41:31,447 --> 00:41:33,157
- Now, why would
I want to do that?
1069
00:41:33,157 --> 00:41:35,368
- Because it'll be a hell of
a lot more comfortable for you
1070
00:41:35,368 --> 00:41:38,121
someplace else.
1071
00:41:38,121 --> 00:41:40,707
I'm telling you this
as a friend, Ben.
1072
00:41:40,707 --> 00:41:42,959
There are quite a few parents
that don't want you back.
1073
00:41:42,959 --> 00:41:44,794
They've said to me that
if you do come back,
1074
00:41:44,794 --> 00:41:47,255
they want absolute
assurances that you won't
1075
00:41:47,255 --> 00:41:48,881
be alone with their children.
1076
00:41:48,881 --> 00:41:51,050
I'm going to have to put a
monitor in your classrooms.
1077
00:41:51,050 --> 00:41:53,344
- You do that, and I'll have
you back in court so fast,
1078
00:41:53,344 --> 00:41:55,012
your head will spin.
1079
00:41:55,012 --> 00:41:57,765
The judge's order calls for
his reinstatement, period--
1080
00:41:57,765 --> 00:42:00,018
no conditions, no
qualifications,
1081
00:42:00,018 --> 00:42:02,562
no holding him out to be
someone who can't be trusted.
1082
00:42:02,562 --> 00:42:03,521
She's right, Richard.
1083
00:42:03,521 --> 00:42:04,480
You can't do that.
1084
00:42:09,569 --> 00:42:10,611
Is it worth it, Ben?
1085
00:42:13,906 --> 00:42:16,743
- I'm going to be in room
nine Monday morning, Richard.
1086
00:42:16,743 --> 00:42:20,288
I expect to have a second-grade
class in there as well.
1087
00:42:20,288 --> 00:42:22,623
- You want to have a
second-grade class in there?
1088
00:42:22,623 --> 00:42:24,667
Then you call the parents
of those second graders
1089
00:42:24,667 --> 00:42:26,461
and tell them they have
nothing to worry about.
1090
00:42:26,461 --> 00:42:28,379
Tell them that no matter what
their fears are, if they want
1091
00:42:28,379 --> 00:42:30,381
to continue to have their
kids to Sunny Hills,
1092
00:42:30,381 --> 00:42:31,591
you're going to
be their teacher.
1093
00:42:31,591 --> 00:42:32,842
Do you want to tell them that?
1094
00:42:32,842 --> 00:42:35,678
No, because that's your job.
1095
00:42:35,678 --> 00:42:37,263
That's what you
have to tell them.
1096
00:42:37,263 --> 00:42:38,681
You have to tell them.
1097
00:42:38,681 --> 00:42:40,600
You have to stand up and
say that Ben Salter is
1098
00:42:40,600 --> 00:42:43,394
coming back to teach because Ben
Salter has done nothing wrong.
1099
00:42:43,394 --> 00:42:45,021
He's not a child molester.
1100
00:42:45,021 --> 00:42:47,023
He's not a suspected
child molester.
1101
00:42:47,023 --> 00:42:48,900
He's a teacher.
1102
00:42:48,900 --> 00:42:49,776
He's a good teacher.
1103
00:42:52,236 --> 00:42:55,615
- It appears as though
I have no choice, so OK.
1104
00:43:01,954 --> 00:43:04,957
For what it's worth,
though, I think
1105
00:43:04,957 --> 00:43:07,418
you're going to be miserable.
1106
00:43:07,418 --> 00:43:09,045
- Are you telling
me that as a friend?
1107
00:43:21,140 --> 00:43:25,186
- OK, you get in under
the exclusionary rule.
1108
00:43:25,186 --> 00:43:25,978
How?
1109
00:43:25,978 --> 00:43:27,396
[groans]
1110
00:43:28,981 --> 00:43:32,318
Independent source.
1111
00:43:32,318 --> 00:43:33,861
- Intervening act of free will--
1112
00:43:33,861 --> 00:43:34,779
- Intervening act of--
1113
00:43:34,779 --> 00:43:36,447
- --by the defendant--
1114
00:43:36,447 --> 00:43:38,282
- --free will by the defendant,
inevitable discovery, live
1115
00:43:38,282 --> 00:43:39,951
witness testimony, in-court ID.
1116
00:43:39,951 --> 00:43:41,244
Good.
1117
00:43:41,244 --> 00:43:42,161
And remember, if the
exclusionary rule
1118
00:43:42,161 --> 00:43:43,746
is on the essay question?
1119
00:43:43,746 --> 00:43:45,748
- Mention the exceptions
whether they're relevant or not.
1120
00:43:45,748 --> 00:43:47,291
Get in that I know
what they are.
1121
00:43:47,291 --> 00:43:48,668
- Right.
- Mm.
1122
00:43:48,668 --> 00:43:50,419
- OK, how about the rule
against perpetuities?
1123
00:43:50,419 --> 00:43:53,339
- The rule against
perpetuities, COPE--
1124
00:43:53,339 --> 00:43:56,759
Contingent remainders,
Option to purchase land,
1125
00:43:56,759 --> 00:43:58,469
Powers of appointment.
1126
00:43:58,469 --> 00:44:00,638
Oh, Executor interest?
1127
00:44:00,638 --> 00:44:02,223
- You love those
mnemonics, don't you?
1128
00:44:02,223 --> 00:44:04,183
- Yeah, they make
me feel more secure.
1129
00:44:04,183 --> 00:44:06,936
I really-- I want to thank you
for taking the time to help me.
1130
00:44:06,936 --> 00:44:10,648
I feel calmer now than I
have in the last few weeks.
1131
00:44:10,648 --> 00:44:12,859
And there was a moment
back there when I actually
1132
00:44:12,859 --> 00:44:14,318
pictured myself as a lawyer.
1133
00:44:14,318 --> 00:44:15,194
It was really great.
1134
00:44:18,781 --> 00:44:22,410
I can't believe I did that.
1135
00:44:22,410 --> 00:44:23,703
Mm.
1136
00:44:23,703 --> 00:44:25,162
[clears throat]
1137
00:44:27,582 --> 00:44:29,750
I can't believe I did that.
1138
00:44:29,750 --> 00:44:33,337
Why did you do that?
1139
00:44:33,337 --> 00:44:35,923
I don't know.
1140
00:44:35,923 --> 00:44:39,760
I-- I felt like I was
standing outside myself
1141
00:44:39,760 --> 00:44:41,637
watching me kiss you.
1142
00:44:41,637 --> 00:44:42,638
Look, it's late.
1143
00:44:42,638 --> 00:44:43,890
We're both tired.
It's OK.
1144
00:44:43,890 --> 00:44:45,182
I never do things like that.
1145
00:44:45,182 --> 00:44:46,726
It's totally out of
character for me.
1146
00:44:51,188 --> 00:44:54,150
- Why don't we just
get back to work?
1147
00:44:54,150 --> 00:44:56,068
- As long as you're
sure you're OK,
1148
00:44:56,068 --> 00:44:59,822
and you forgive me for
being so out of line?
1149
00:44:59,822 --> 00:45:04,243
- Yeah, I'm OK, and I'm--
yeah, I forgive you.
1150
00:45:04,243 --> 00:45:06,996
All right.
1151
00:45:06,996 --> 00:45:09,081
[clears throat] OK,
statute of frauds.
1152
00:45:09,081 --> 00:45:10,708
What contracts need
to be in writing?
1153
00:45:10,708 --> 00:45:11,500
Oh, right.
1154
00:45:11,500 --> 00:45:13,085
Right.
1155
00:45:13,085 --> 00:45:15,630
Where the consideration is
marriage, where the duration
1156
00:45:15,630 --> 00:45:18,841
of the contract is more
than a year, suretyship
1157
00:45:18,841 --> 00:45:23,846
land for the sale of goods
valued at more than $500
1158
00:45:23,846 --> 00:45:26,891
and for an executor to pay
the debts of an estate--
1159
00:45:35,232 --> 00:45:38,694
[theme music]
86129
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