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Original subtitles

Attorney visit for inmate C -77015.

Is that really necessary for a non -contact visit?

Procedure, sir.

asked to communicate something to you.

The state of California might be willing to consider a transfer to Folsom Prison

in return for you dropping the suit.

Might be willing to consider it, huh? Right.

Does that mean they think we might win?

It might mean that. It might mean they'd rather not litigate this until after

the elections.

It might mean they want to turn the other prisoners here against you.

Have they changed the trial date?

No.

They're still flying me out to Los Angeles today.

If you elect to go to trial.

They'll fly you down to Los Angeles and we will go to trial.

Well, please tell them that I elect to go to trial.

Padret versus the California Department of Correction. Yeah, uh, that's mine.

Tom Padret is incarcerated at the security housing unit at China Lake. A

-of -the -art, super -maximum security prison. We're suing to have it shut

On what grounds?

On the grounds that the prisoners there are being kept so totally isolated that

they're being driven insane.

There are no windows, no sunlight, no interaction with other prisoners.

Literally, they are going mad.

Sounds like the perfect environment to reflect on one's past sins and catch up

on one's reading.

How are we so fortunate as to have this one fall into our laps?

A prisoners' rights group contacted me. Shall we continue?

Golden Pines Retirement Community versus Carr, Nordoff, and Croft. This one's

mine. The retirement community is seeking to evict three senior citizens

they're participating in a drug experiment.

What kind of drug? They're wearing testosterone patches.

The administrator of the facility claims that they become overly libidinous and

disruptive as a result. A patch?

How ingenious that is. It allows you to control the ebb and flow, so to speak.

A poker game with the boys should take it off. A weekend up at the San Ysidro

Ranch with a tootsie?

You put it on.

What are you looking at me for?

No reason.

We also have the issue of staffing to discuss.

Yes, we do.

We've cut through all the potential candidates under consideration from the

past. Resumes, recommendations, favors and the like. And it pretty much narrows

down to two. Inez Garcia and Patrick Flanagan.

Patrick Flanagan's a contender? Yes, he is.

I've told you about my experience with him. Yes, you have. And we should

certainly factor that into the decision -making process, which I would ask we

conclude by the end of the week. And with that, we're adjourned.

Don't we have something to talk about, you and I?

No. What do you mean, no?

You kissed me on the mouth.

Yes, I was upset.

Does that mean you regret having done it?

It means that it was a transitory impulse and I acted on it and now it's

What can I do to make it come back?

You can't do anything.

You little temptress.

I'd love to see you beg.

What are my chances?

I'd say they're pretty good. You think so?

Yeah. You graduated in the top 5 % of your law school class. You've got great

experience.

Plus, you know me.

My interview is Thursday.

Great. Will you be in the room?

I can't be. I'm sponsoring you.

Too bad.

Oh, you'll do fine.

I'm nervous.

I'm not used to being around places like this.

Yeah, well, you can get used to it, let me tell you.

I'm sure you can.

I'll see you Thursday when you come in. Maybe we can have lunch together or

something. I appreciate you doing this, Daniel.

It is. I've known you since you were born.

Who are you going to come to for a job if not me?

Would you state your occupation, Mr. Overvault?

I am the administrator of the Golden Pines Retirement Village.

You've instituted eviction proceedings against Mr. Carr, Mr. Nordoff, and Mr.

Croft. Is that right?

Yes, it is. For the record, would you state your reasons for doing so? They

participating in the clinical trials of a testosterone patch.

Consequently, they've become disruptive.

Do you ever see one? Harold? No, I haven't. Boys?

My, my.

I like a nicotine patch.

Only these get you to start smoking. Can we return to the matter at hand?

What specifically do these gentlemen do, Mr. Overvault? They wear tight pants.

They stage golf cart races. They get into fist fights.

And they engage in blatantly promiscuous behavior.

What's the ratio of women to men in your community, Mr. Overvault?

Approximately five to one. Is it possible that what you characterize as

promiscuity is nothing more than the laws of supply and demand at work? I

just refer to promiscuity, Mr. Brackman. I referred to blatant promiscuity. We

are talking about necking. We are talking about swapping.

We are talking about public displays of highly salacious behavior.

Is it fair to say, Mr. Oberwald, that you find the idea of senior citizens

sexually active?

Personally repugnant? No. That which seniors do privately and discreetly is

no concern to me whatsoever.

That which destroys the tranquility of our community, that which violates our

bylaws, is of great concern to me.

You have any more in need of us, Douglas?

No. Let's split. I've had about all I can take of this little windbag. We're

giving up our patches, Monroe.

And we're not moving out.

Your depositions start tomorrow, gentlemen.

We'll be here, doll.

You little vixen, you.

Patrick,

how long have you

been incarcerated in the security housing unit at the China Lake

Three years and four months.

Would you describe yourself for us?

It's eight feet by ten feet.

There's a bed, a sink, and a toilet.

There's a shelf above my bed with ten unbound sheets of white writing paper, a

plastic ink cartridge, and there's a magazine with a stapler removed and one

book.

On a shelf above the sink, there's one roll of toilet paper and one bar of

How many hours a day do you spend in the cell?

Twenty -two and a half.

And where are you during the period of time that you're not in the cell?

I'm in the dog run.

Would you describe for us what the dog run is?

It's a concrete yard, 12 feet by 30 feet.

Would you describe for us the process by which you're taken in and out of your

cell in order to go to the yard?

You're handcuffed through a slot in your cell door.

The control booth officer opens the door.

An assault rifle is pointed at you.

And then you remove all your clothes.

Another officer looks inside your mouth, behind your testicles, and they shine a

flashlight up your rectum. And this happens each and every time that you're

taken in and out of the cell?

Yes, sir.

Is there ever a time, Mr. Padret, when the prisoners are permitted to interact

with other prisoners?

No, the prisoners can talk to the other prisoners through the walls of their

cells, but they're not permitted to see the other prisoners.

And what effect, if any, have you observed the conditions to have on the

prisoners? Objection.

The witness has no medical or psychological expertise. He's in no

answer that question. The witness is being asked for his observation.

Good Lord.

Mr. Padret?

Well, some of them scream.

Some cry.

Two weeks ago, one of them killed himself by swallowing a showerhead. And

they affect you?

I don't sleep more than a half hour at a time.

And I think in a very precise, controlled manner.

I work very hard at keeping myself sane.

I don't believe I'll be able to do that much longer.

I have no further questions.

Who's Michael Sheehy, Mr. Patrick?

He's a prisoner at Vacaville State Prison.

He was a prisoner that you killed, was he not?

Yes. Would you describe to us how you killed him?

I beat him to death with a mop bucket.

And who was James Wiley?

He was a prisoner at San Quentin.

You killed him too, didn't you?

Yes. Would you describe to us how you killed him?

I stabbed him in the heart.

Would you describe for us how you got the knife you used?

I melted down some candy wrappers, waited till they hardened into plastic,

then I shaped that into a knife.

And it's your testimony that you are not?

A security risk, Mr. Padret? Michael Sheehy sexually assaulted me.

James O 'Wiley put out a rumor that I was an informant.

In both of these cases, my killing these men was necessary for my survival.

I'll ask you again, Mr. Padret.

Is it your testimony that you are not a security risk?

If I'm such a security risk, then you should kill me.

You should just strap me in the chair, drop in the pellets, and put me down.

But I do not believe the prison authority has the right to

destroy my mind and the minds of the other men incarcerated at the SHU.

I do not believe that they have the right to drive us insane.

Douglas, where do we stand with the

interviews?

Patrick's coming in today. Inez is coming in tomorrow.

It seems as though they're both good candidates.

I agree. Although I'd probably give the edge to the girl. Would you? She's

clerked for a federal judge.

She's worked in the state legislature.

She's handled a number of major appeals successfully. I think she'd be a real

asset. What about Patrick?

A good resume.

Fair amount of trial experience.

Not that he's a bad candidate, but has a bad resume. You know, his father and I

are extremely good friends.

Yes.

Madeline. They'll both be interviewed, then we'll vote.

Right. You'll be in the room for the interviews?

Yes.

Good.

Are you familiar with these gentlemen, Dr. Graff? Yes, I am.

And would you tell us in what context it is that you're familiar with them?

I work for Derm -X Industries, and I'm involved in the development of a

transdermal testosterone delivery system.

In common parlance, the patch. These gentlemen are participating in a

trial for Thame. Have any side effects manifested themselves in this clinical

trial? Surprisingly few.

Would aggressiveness be one of them? I choose my words very carefully, Miss

Korshak. Aggressiveness would be an overstatement. Some degree of

boisterousness, perhaps.

An intermittent rambunctiousness, even, but aggressiveness...

It's not an accurate characterization. The purpose of this drug is to heighten

sexual desire, is it not? That is one purpose.

Increasing testosterone levels also serves to lessen fatigue, restore muscle

tone. The potential is here for the patch to become a major asset in the

practice of gerontology.

How high is high, Doctor?

I'm afraid I don't know as to what you are referring, Miss Korshak.

I would like to know what level of sexual desire you're trying to attain.

How is that relevant?

These gentlemen have been behaving in a way that suggests that the level is

somewhat excessive.

Sometimes it gets really excessive.

That's when it gets interesting, right, boys?

Are you familiar with the practice of double patching, Doctor? I am aware that

it has occurred. Certainly it is not sanctioned, and anyone caught doing so

be immediately dropped from the group.

You didn't have to drop Earl Grunewald, did you, Doctor?

Mr. Grunewald's death was not attributable to the patch.

He was found wearing two patches at the time of his death, was he not?

Yes. He was also engaged in an act of sexual congress at the time of his

was he not?

Yes. He was also 95 years old at the time of his death. We should all be so

lucky.

How much money is your company spending to develop this patch, Doctor?

That is both irrelevant and proprietary.

You don't have to answer that. I'll get a ruling.

Get a ruling.

Until then, Doctor, I have no further questions.

What's your expertise, doctor?

I'm a psychologist by training. I specialize in the effects of confinement

means of punishment.

Have you ever had an opportunity to examine the psychological effects of

confinement at China Lake Penitentiary? Yes, I have. I have interviewed 52 of

the inmates there, including Mr. Padret. And what were your findings?

That the technologies in use at China Lake are unparalleled in the history of

the American penal system. The physical layout of the prison, including the use

of intercoms and automatic doors, ensure that the prisoners will be deprived of

any direct human contact, except with the guards that take them in and out of

the cells.

The inmates are given almost nothing in the way of physical or mental activity

to occupy their time.

The lights are kept on at night, and the meals consist of a processed nutrient

loaf that bears no resemblance to actual food.

The combined effect is one of prolonged sensory deprivation. Is that different

from solitary confinement at other prisons?

Well, yes, it differs both in the degree of the isolation and the duration of

the treatment. Now, at most of these institutions, a prisoner is rarely kept

solitary for more than six months.

At China Lake, it can go on for years.

What's known about the effects of this kind of prolonged deprivation? Well, the

best -known case studies we have are of POWs who were kept in isolation during

the Korean War, deprived of contact and conversation.

Many of these men became psychotic. Doctor, would you assess the mental

of the inmates at China Lake? One -third of the men I saw are actively

psychotic. Of this group, most experience visual and auditory

Several have committed acts of self -mutilation.

Two are catatonic. And what about the remaining two -thirds?

Eighty -five percent, including Mr. Padret, show signs of severe

trauma. including uncontrollable trembling, sleeplessness, distortions in

perception, and panic. What, in your opinion, are the prospects for these men

being successfully integrated into a general prison population or the world

outside of prison following incarceration at China Lake? In my

are no such prospects.

Thank you, sir. Nothing further.

Your evaluation of inmates at China Lake consisted of...

interviews. Is that right, Doctor? Yes. You would ask inmates if they had

various symptoms, and they would respond affirmatively, for the most part.

My interviewing technique is a little more sophisticated than that, Counselor.

usually can gauge pretty well whether or not somebody's being truthful.

Assuming that the problems at China Lake are what you say they are, what

remedies would you propose?

I recommend that the prison be shut down so that it can be modified to include

common areas, recreational and educational facilities, and a fully

psychiatric clinic.

So you would close a $200 million facility, spend countless additional

of dollars on modifications, all so that the most vicious criminals in the state

of California could be made to feel more comfortable?

Objection. I'm going to allow it.

It's not a matter of making them more comfortable.

The state of California is running a facility that not only denies these men

chance of rehabilitation,

but effectively destroys their mental capabilities.

Now, I find that unconscionable.

Well, thank you, Doctor.

Your moral outrage is duly noted.

I have nothing further.

Leland?

Patrick, my boy. How are you? Great.

Great. They told me you were in here. I just wanted to stick my head in and say

hi. Well, I'm glad you did.

Got my interview today. I know all about it.

I just wanted to say thanks for everything you've done with us. Well,

I done?

We need an associate, you need a job.

Well, you made it possible for me to come in and be considered, and I

that. Excuse me, are you Patrick Flanagan?

Yes. They're ready for you. Great, which way am I headed?

Come with me. I'll walk you.

This is Denise Ionello.

How do you do? Nice to meet you.

You still playing squash?

When I can.

Patrick was the number two ranked squash player at Harvard.

Is that so?

Why, it was a weak field when I was there.

You're right in here.

Thank you.

Good luck. Thanks.

You'll do fine.

Let me start by saying that we are, all of us, very impressed with your resume.

Thank you.

We also all know that there are a few things we need to discuss.

Yes, there are. I'd like to ask you to explain the incident at Harvard.

I plagiarized the law review article.

What would you like to know?

How do you explain it? It's hard to keep an explanation from sounding like a

justification, and I want very much for it not to sound like that.

I did what I did because I wanted to fail.

I wanted to self -destruct.

I could just as easily have driven my car into oncoming traffic.

Has the impulse passed?

It feels like it has.

I ended up taking some time off from school, albeit not voluntarily, and I

thought about myself.

I ended up going to a psychiatrist for the first time in my life. I took stock

of myself.

All I can say is that I'm a very different person at 27 than I was at 21.

There's another matter we need to discuss, and this happened only a year

You represented a plaintiff in a whistleblower suit and had your case

because of falsified lab reports?

Say it ain't so, Joe. I'll say it ain't so. I'll say it's my dying day. Those

falsified lab reports were planted by the defendant corporation.

Unfortunately, I couldn't prove that, and the judge bought that I was

responsible.

One day, I hope I can prove it. And then there's the matter of Daniel Morales.

You and he had a bit of a contretemps.

I'm sure you've heard the events recounted by Mr. Morales. I would offer

somewhat different interpretation.

Both our clients were on trial for armed robbery and murder. He represented his.

I represented mine. He claims that you induced your client to turn state's

evidence. The state induced him. They offered him parole.

He claims you put your client on the stand knowing he was going to lie.

I didn't know he was going to lie. I don't know that he did lie. Should you

to work here, Mr. Flanagan, this is a matter that you and Mr. Morales will

to settle.

Mr. Morales has thus far refused to talk to me.

You may want to make additional efforts.

Mr. Carr.

Call me Buzz.

Buzz.

Are you aware that since the beginning of this study, the Golden Pines

have lodged 15 complaints against you and your co -defendants? From those

without the patch, no doubt.

Some of these complaints were from women. I haven't had any complaints.

Have you, Dwight? Nope.

But I have had a few marriage proposals.

Mr. Carr, is that your signature?

Yes, yes, that looks like it. That would indicate your familiarity with the

bylaws of the community in which you live.

Do I give her that?

Just tell her the truth, Buzz.

All right.

Yes, I am familiar with the bylaws.

On October 10th, 1993...

Did not you and your two friends here take over a square dance class and

to lead your female partners in the lombada? Oh, yes, we did.

And a fine lombada it was, too.

And did not two of those females faint on that occasion?

Oh, no.

What they did was swoon. I believe fibrillate would be closer to the truth.

I would ask that your client not interject, Ms. Korshaw. They interject?

Why can't I interject? I would ask that no one interject.

Let me ask you something, dear.

Don't you think we should be able to decide for ourselves what kind of

recreational activities we can engage in without being dictated to? Mr. Croft.

Unless, of course, a manx such as yourself were interested in doing the

dictating.

Utterly depraved. Spare us the sanctimony, Mr. Overvault. No kidding.

in our 30s or 40s or 50s, it wouldn't be depraved, would it? There are rules

that govern conduct in our community. Well, to hell with your rules. We're not

living in a ding -dang gulag.

We're living in the U .S. of A. The fact is there are rules, and these rules are

legal and enforceable.

And notwithstanding the fact that you are three very attractive men with...

testosterone surging.

In the end, your options are to adjust or move.

You are wicked. Clearly, we have a difference of opinion. It's also quite

impossible for us to move.

Why is that?

Because you've got all our money tied up, you little squint. Between your

entrance fees and your rent, we can't afford to move.

Yeah, and if it weren't for what we make selling patches, we could hardly get

by.

You have been selling patches?

I believe that's a felony, Douglas.

I'll need some time to confer with my clients.

Take all the time you want. As far as I'm concerned, this deposition is over.

I'll be in front of a judge tomorrow seeking an injunction.

Good day, gentlemen.

Drug traffickers.

And to think that at one time I'd hoped to make you, Dwight, the master of

ceremonies at our pageant.

How does a prisoner wind up in the security housing unit at China Lake,

He proves himself to be unmanageable at other prisons.

Characteristically, how would he do that? He'd kill someone.

He'd traffic in drugs.

He'd make himself a threat to the rest of the prison population.

The security housing unit at China Lake employs technology and prison design not

found in other prisons. Is that right?

Yes. And what, to your mind, is the effect of that? The most significant

is that not a single prisoner or guard has been killed since the unit's been in

operation. Why is it necessary...

To isolate these men. To protect them.

These men have demonstrated that they can't function in a group environment.

Do you acknowledge that some prisoners may be psychologically damaged by the

conditions in the SHU? I would argue that most prisoners are psychologically

damaged in one form or another to begin with.

I will acknowledge that it's not particularly pleasant to be incarcerated

SHU, but I'd also argue that there's no one there who doesn't deserve to be

there. I have no further questions.

It's fair to say, is it not, warden, that you've pretty much abandoned any

pretense of providing a means of rehabilitation for these men, yet?

Rehabilitation requires a certain minimal level of cooperation on the part

the prisoner.

These men thus far have not demonstrated that. And according to you, the nature

of the operation at the FHU is dictated by what they have demonstrated.

That's right.

All right, prisoners are allowed in the yard for 90 minutes a day, is that

right? Yes. Are there recreational activities of any kind available to them

the yard? I don't know what constitutes a recreational activity to your mind.

Are there weights in the yard? No. Why aren't there weights? Weights can be

into weapons.

Is there basketball or handball in the yard? No, there isn't. Why isn't there?

They can also be made into weapons.

And if you doubt that, I suggest you talk to your client. I'm sure he'd tell

exactly how he'd do it. Objection. I ask that the latter part of the witness's

response be stricken. So stricken.

Warden.

Isn't the mental deterioration of prisoners the express purpose of the SHU

China Lake? No, it is not. You do understand it to be the inevitable and

proximate result of incarceration there, though, do you not? I understand no

such thing. Isn't this prison designed for one thing only, sir?

Isn't it to make it as easy as possible for you to store these men?

I've worked in the prison system for 19 years, Mr. Rollins.

There wasn't a single day in all that time that I would call what I did easy.

When I was a guard, I took it as a personal failure to have a prisoner die

watch. I felt it was my responsibility to see to it that prisoners stayed alive

for the entire length of their sentence.

I still feel that way.

Now I don't fail nearly as often.

All right, Ms.

Korshak, I've read your motion.

You have something to add?

Your Honor, in addition to the disruptive incidents referred to in my

have reason to believe the defendants have been peddling these testosterone

patches to other residents of Golden Pines. We ask the court to enjoin this

study immediately to cut off distribution of this illicit

Your Honor, there's absolutely no evidence of any trafficking.

And joining the study would be a drastic overreaction and grossly unfair to my

clients. These patches constitute controlled substances, Your Honor.

wreaking havoc on the community, and we have no idea what the long -range side

effects are. I'm 82 years old, Missy. How long -range should I be concerned

about? That's quite enough, Mr. Nordhoff. Can I say something, Judge?

Go ahead.

Yeah, well, before we got our patches, Harold, Dwight, and I were just three

lonely old men sitting around waiting to die.

Yeah. The patch opened our eyes. It restored us. It made our lives less

lonesome. We're begging you, Judge.

Take away our Motrin, take away our Digitalis, even our milk of Magnesia,

for God's sakes, do not take away our patches.

If you men are trafficking in a controlled substance, you can and will

prosecuted. Since there is no evidence of such activity, I deny plaintiff's

motion to enjoin the study.

The eviction notice will continue as scheduled.

We stand adjourned. Very well, sir.

Your Honor, the defense calls Elizabeth Rowe.

Objection, Your Honor. The testimony of this witness is wholly irrelevant.

What is this witness here to testify to, Mr. Clayton? Your Honor, Miss Rowe

witnessed the killing of her father at the hands of Mr.

Padraic. 19 years ago. She's flown here at her own expense to testify to the

nature of that crime. Testimony about a crime committed prior to Mr. Padret's

confinement is irrelevant.

Objection sustained.

Call your next witness.

The defense calls Roland Prince.

Objection.

The testimony of this witness is wholly irrelevant.

Is Mr.

Prince also here to testify to events prior to Mr. Padret's incarceration?

Yes, Your Honor.

His sister.

Was killed by Mr.

Padret. Objection is sustained.

Call your next witness.

The defense calls Dorothy White.

Objection irrelevant.

Mr. Clay. She was assaulted by Mr.

Padret. Objection sustained.

Call your next witness.

The defense calls Trent Ma.

Objection irrelevant.

Counsel will approach the bench.

Are your remaining witnesses crime victims, Mr. Clayton? Yes, Your Honor.

They're here to testify to the nature of crimes committed by Mr. Patrick and

other men who are now being held. Okay.

What you're doing is grandstanding.

I'm not impressed.

It does not help your case.

The testimony of all of these witnesses is inadmissible and irrelevant.

What you have done is waste the time of this court and the time and the money of

these people who showed up here.

I submit that you owe all of them an apology.

Step back.

Well, Inez, we know something about you from your resume, but perhaps it would

be best if you told us yourself about the kind of work you've been doing.

I've been working in a storefront legal clinic in East L .A. I've done mostly

immigration, landlord -tenant, and criminal.

Primarily, I'm a trial lawyer.

You've handled some pretty major appeals.

Yes, I have.

How come you're leaving?

We had a rough year last year. Our budget was cut. They closed our office

How do you feel about doing types of law other than what you've been doing?

I feel good about it. It's one of the reasons I want to work in a firm like

this, is that I hope to try other types of cases.

You see yourself as a trial lawyer?

Yes. Are you prepared to serve second chair while another lawyer tries the

Absolutely. Are you prepared to spend the vast majority of your time doing

that has no political significance whatsoever?

That's an odd question.

Well, it's not an odd question at all. You worked in the legal clinic at East L

.A. I'm sure you derived a great deal of professional gratification from

handling cases that were in concert with your political beliefs. You weren't

doing it for the money.

My question is, how happy would you be here? I think I could be very happy

Mr. Brackman.

I'm interested in acquiring a certain credibility as an attorney that

I feel myself to be lacking.

I'd be making considerably more money than I'm used to making.

And I also know something about this firm from Daniel Morales. I know the

of cases you take on.

I think I know the kind of people you are.

This is where I want to work.

Fair enough.

The Eighth Amendment to the United States Constitution says that cruel and

unusual punishment shall not be inflicted. It codifies what we very much

believe about ourselves, that we have evolved.

That no matter how much we may revile an individual, no matter how heinous may

be their crime, we don't torture them.

We don't use the rack or the whip or the thumbscrew. We as a society have come

to believe those devices to be immoral. And so our Constitution makes them

illegal.

Your Honor, the use of psychological torture as found in the security housing

unit at China Lake is no less immoral and no less illegal.

You have heard uncontroverted expert testimony that 30 % of the prisoners

are clinically psychotic.

You've also heard expert testimony that what brought about this mass psychosis

is the conditions at the prison.

Now, assuming that those conditions don't evoke a sense of moral outrage,

are still practical considerations.

Most of the men at the SHU will one day finish their sentences, and when they

do, we as a society will have to deal with them.

We will either maintain them in psychiatric hospitals or we'll put them

the streets.

And we will soon find out what this latest prison technology has made them

Your Honor, I'm...

asking the court to declare the conditions and procedures at the China

Prison Security Housing Unit cruel and unusual punishment.

I would ask the court to shut it down.

Your Honor, China Lake is a success.

Tom Padret and the other inmates in the Security Housing Unit there

have demonstrated their inability to live in the society of other men, even

the controlled environment of a maximum security prison.

Attempts to rehabilitate them have failed.

They are the most violent, most dangerous, most incorrigible inmates in

entire prison system. And somehow, the prison system must deal with them.

China Lake offers the safest, best, most economically feasible solution.

Now, is there psychological damage?

No doubt there is.

It comes with the territory.

Commit heinous crimes on the street.

Continue committing heinous crimes in prison.

And we will do that which is necessary to counteract your ability to commit

crime.

We will put you in a place like this.

And we will be safe from you.

And I'll be right back.

Come on, just wait a second.

Not a minute too soon.

Officer, I'm the attorney for these men. Please advise me as to what's going on.

It's been alleged that these gentlemen have been selling a controlled

Counselor, we have no choice but to bring them in.

Who alleged this?

Monroe. Who else?

We searched the units of several other residents here. We found testosterone

patches. We questioned the residents. They said they purchased it from these

gentlemen here.

They ratted us out.

Please put your hands behind your back, sir. I have to handcuff you. Come on.

Wait.

Those patches don't contain testosterone.

What? Who are you? I'm Dr. Kendall Graff. I'm conducting the clinical

Those patches...

are placebos. What do you mean, placebos? Every clinical trial has a

group. In this trial, you're it. You mean we haven't been getting the real

thing? We'll need a statement to that effect, Doctor.

I'll give you a statement. I also have full documentation.

Well, what about, you know... The mind can be a powerful aphrodisiac, Mr. Carr.

I'll talk to Lorraine Korshak. We'll see what effect this has on the eviction

proceeding. Well, shoot.

Where are you going? I'm going to go lay down.

I think I'll do the same.

Come on, Dwight.

Where are you going?

Two minutes, that's all I'm asking.

What do you want?

I want to see if I can clear the air. Man, we have nothing to talk about.

with all due respect, I don't think that's right.

You're going to tell me what's right?

No. What I would ask, though, is that you at least consider the possibility

I didn't do what you think I did.

Patrick, I have a client doing 20 to life in a maximum security prison

your client lied on the witness stand.

What, are you saying your client was innocent?

I'm saying he never would have been convicted of felony murder if it hadn't

for that particular testimony.

I don't see it that way.

Like I said.

We have nothing to talk about.

So what do you propose we do? I propose we stay as far away from each other as

possible. Well, that may be a problem if I come to work here.

Yeah. Well, we'll cross that bridge when we come to it.

Tell me something. Do your partners know how you feel?

Oh, yes, they do.

It's a little surprising I'm still being considered.

All right, I'm coming.

Whatever we're here to do, let's do it quick. I've got a set schedule for 1

They faxed over the terms of the agreement.

They'll be here any minute.

And we need to discuss this. Dwight, have a seat, please.

Thank you. I strongly advise against you signing this. Well, we are going to

sign it, Doug. Let me tell you what's here. In exchange for them dropping the

eviction proceedings, you agree to no parties without written permission from

the management.

No music after 9 p .m.

No tight jeans, no spandex bicycle shorts, no cruising in electric golf

Douglas, it doesn't make any difference. Let's sign the paper and be done with

this. Guys, we can go to court and win.

They have no right to impose these rules on you. We don't want to make waves.

They want things to be quiet. Let them be quiet.

Explain something to me. You find out that you've been getting a placebo.

and suddenly you want to fold your hands and file in like good little boys?

What's the story? The story is we're old.

You were old yesterday. You were old the day before yesterday. You were also

stud. We were under the illusion that we were receiving medication.

You don't need the medication. You had the desire to be a bunch of sharpsters,

and that's what you were. You didn't want to be physically decrepit, and you

weren't. The fact that those patches were placebos is good news, boys.

It means that you can go back to being studs.

Good morning.

I assume you received the documents?

Yes, I have.

Good. And are they acceptable?

Not as far as I'm concerned, they're not.

Are they acceptable to your clients?

You'll have to ask them.

Okay. Gentlemen, what'll it be?

How?

Well, as a matter of fact, I do have a question.

That rule that says we've got to have written permission before we can have a

party.

What constitutes a party?

I think you can assume standard usage of the word.

So if, for instance, I were to meet, let's say, a woman like you, and I

up a conversation, and one thing led to another, and you came back to my place,

I put on my Charlie Rich records and we had a couple of drinks and after a while

you turned to me and said, Charlie Rich or no Charlie Rich, you're the silver

fox as far as I'm concerned and the passions took a hold of us.

Would that constitute a party?

That would not be acceptable behavior.

Then to hell with it. That's right.

Douglas?

You do whatever you have to do. And I say we go to court. Fine.

You are willing to go to court over this? In a right hot minute.

It's horrifying to consider that an institution whose highest aim is the

rehabilitation of men could actually be subjecting some of those same men to

conditions that drive them insane.

What's even more horrifying...

is the thought that those conditions may be necessary to save lives and to allow

that institution to survive.

From the evidence presented, it's quite clear to me that many of the inmates at

China Lake are psychologically being harmed by the prison. It's equally clear

that the prison system has legitimate security needs.

And to meet those needs, it may be necessary to place Tom Padret and men

him in isolation.

There's nothing in our Constitution that prohibits a special unit for the

dangerous, incorrigible offender. And therefore, I deny the plaintiff's

petition. Find a favor of the defendant.

This court's adjourned.

Tom will appeal.

I don't think so, Jonathan.

Just give me a minute.

Please, Tom, Tom. It's not costing you anything.

You're in prison. Let me just work on the appeal.

By the time you're ready to go back into court again, I'll be as crazy as arrest

him.

Hold the elevator, please. Yes.

What are you doing?

We want to say something.

This isn't the way to do that. This is the way we're doing it.

Okay, what do you want to say? We want you to hear from us the kind of man you

represent. I don't make any apologies for the kind of man you are. He killed

father in front of me. He killed my sister because he wanted her car.

If you appeal this case, we'll be right there in the courtroom.

Whether we're allowed to testify or not.

Any attempt to restore to this man any freedom at all.

We'll be there, and we'll bear witness.

It shouldn't take very long. We just need to put the two candidates to a

Before we do that, I'd like to say something.

By all means. I think Ines Garcia would make a great addition to this firm.

She's smart. She's principled. She's got all kinds of trial experience.

Plus, I've known her since she was a kid, and I can vouch for her character.

That said, I would urge you, whether or not you vote to hire Inez, not to hire

Patrick Flanagan. Because of what he did to you? Because what he did to me is

indicative of what he does.

I'm not sure that's altogether fair.

Check his track record.

Plagiarism in law school.

fabricating evidence in one case, suborning perjury in another?

He would argue that there are legitimate explanations for these things.

Of course he would. Guys like that always do. Doesn't change the fact that

has been a pattern of treachery to his entire life. Since I have known this

young man for his entire life, let me weigh in with what I think. Patrick did

plagiarize a law review article. He was young, he had problems, and he did it.

He also paid for having done it.

He was suspended from the university.

He took off a year, and he came back and graduated in the top 10 % of his class.

What about since then?

What about since then?

None of us can prove that he fabricated evidence.

And we can't prove, none of us can prove that he's suborned perjury.

Well, to exclude him on the basis of any of these charges strikes me as

manifestly unfair.

We can only hire one of them.

Oh, we can definitely only hire one.

Let's put it to a vote.

Inez Garcia.

Yes. I vote yes.

I also have Jonathan Rollins' proxy. He votes yes as well.

I vote no.

Also no.

Also no.

No.

I don't feel comfortable voting on this. I haven't been here long enough.

I abstain.

Four to three.

Against.

Patrick Flanagan.

I vote yes.

Yes. Also yes.

Also yes.

You're going to abstain this time too, right, Eli?

Right. You're going to fall in line behind Leland McKenzie.

Well, he is owed a certain amount of deference, Daniel. He's not owed this.

The vote's been taken. Should an opportunity arise again, I suggest we do

after Inez. As far as I'm concerned, there won't be a next time.

What does that mean? That means I quit.

Oh, come on, Daniel. Save your breath.

I don't want to work for a firm that does what this friend just did.

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