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These are the user uploaded subtitles that are being translated: 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 6 00:00:12,930 --> 00:00:14,348 about the head and the face. 7 00:00:14,348 --> 00:00:17,017 Both his neck and his right arm were strained. 8 00:00:17,017 --> 00:00:18,977 - What about the blood pressure? - Mr. Hicks. 9 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? 11 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. 14 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 16 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? 19 00:00:38,205 --> 00:00:40,082 Stiffness, soreness. 20 00:00:40,082 --> 00:00:42,793 I believe that he was out of work for about a week. 21 00:00:42,793 --> 00:00:43,961 How about two weeks! 22 00:00:43,961 --> 00:00:45,712 Mr. Hicks. 23 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. 26 00:00:52,636 --> 00:00:55,055 Sleeplessness, nervousness, a loss 27 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. 29 00:00:59,268 --> 00:01:00,143 Thank you. 30 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. 32 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. 34 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! 37 00:01:08,527 --> 00:01:09,903 You're taking money under false pretenses! 38 00:01:09,903 --> 00:01:11,196 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? 41 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 43 00:01:17,828 --> 00:01:19,246 from some guy who's selling me down the river. 44 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 48 00:01:26,336 --> 00:01:27,838 with adequate representation! 49 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 00:01:34,594 --> 00:01:35,846 - 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. 58 00:01:43,979 --> 00:01:46,273 Mr Hicks has been through four different attorneys. 59 00:01:46,273 --> 00:01:48,734 Each time he gets a new one, he buys himself another delay. 60 00:01:48,734 --> 00:01:50,610 - Mr. Rollins is absolutely right. 61 00:01:50,610 --> 00:01:53,238 Mr. Hammond, I'm not going to allow you to withdraw. 62 00:01:53,238 --> 00:01:55,741 - Your Honor, I cannot effectively represent this man. 63 00:01:55,741 --> 00:01:56,783 Hey, Judge? 64 00:01:56,783 --> 00:01:58,535 How about if I represent myself? 65 00:01:58,535 --> 00:02:01,496 - Mr. Hicks, do you have legal background of any kind? 66 00:02:01,496 --> 00:02:03,040 No, I do not. 67 00:02:03,040 --> 00:02:05,000 - And you feel competent to, uh, represent yourself? 68 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 71 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. 74 00:02:16,636 --> 00:02:19,181 And please, be prepared to proceed. 75 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] 80 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. 83 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. 94 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. 109 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, 111 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. 113 00:05:35,544 --> 00:05:36,336 No. 114 00:05:36,336 --> 00:05:37,295 - 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. 117 00:05:40,590 --> 00:05:41,842 That's what I'm doing. 118 00:05:41,842 --> 00:05:43,385 - And makes sure we get some tickets. 119 00:05:43,385 --> 00:05:44,594 [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. 129 00:05:59,234 --> 00:06:00,318 The charges were dropped. 130 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 132 00:06:03,363 --> 00:06:06,700 called a penile plethysmograph before they reinstate him. 133 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? 141 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 143 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 148 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. 156 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. 160 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. 172 00:07:31,284 --> 00:07:32,202 [door shutting] 173 00:07:33,953 --> 00:07:35,580 What are the exceptions? 174 00:07:35,580 --> 00:07:38,917 Unavailability of the declarant, previous testimony, 175 00:07:38,917 --> 00:07:43,338 statement against interest, dying declarations, pedigree. 176 00:07:43,338 --> 00:07:45,757 All right, we'll go into the specifics of each tomorrow. 177 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. 181 00:07:53,598 --> 00:07:55,100 Panic isn't helpful. 182 00:07:55,100 --> 00:07:57,769 Put down your pens. 183 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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