Original subtitles

Doctor, did you have occasion to examine Mr. Hicks on September 15, 1992?

Yes, I did.

Would you tell us what that examination revealed?

Mr. Hicks was suffering from multiple contusions about the head and the face.

Both his neck and his right arm were strained. What about the blood pressure,

Mr. Hicks? Did you observe anything else, Doctor? His blood pressure was

somewhat elevated.

And to what did Mr. Hicks attribute his injuries?

He said that he was beaten up by Val Bodine.

Did he tell you how this attack occurred?

He said that Mr. Bodine charged into the stands and attacked him. What, if any,

were the short -term consequences of Mr. Hicks' injuries?

Stiffness, soreness. I believe that he was out of work for about a week.

How about two weeks, Mr. Hicks?

What, if any, were the likely long -term consequences of Mr. Hicks' injuries?

Some residual soreness is possible.

Sleeplessness, nervousness, a loss of attention.

Any and all of these things are possible long -term effects.

Thank you. I have nothing further?

Nothing further? Come on. Guys get this for $3 ,000, you got nothing further?

Mr. Hicks, sit down.

You're taking money under false pretenses.

That's called stealing.

Mr. Hammond, you kindly advise your client as to the manner in which he's to

conduct himself. Hang on, Your Honor. I'm not going to take lessons in

from some guy who's selling me down the river.

You think I'm selling you down the river, Ed? Yes, I think you're selling

down the river. I think you're more interested in cozying up to a big famous

baseball star than you are with... providing me with adequate

Your Honor, at this time, I would ask to be relieved as Mr. Hicks' counsel.

Well, Your Honor, we have been through delay after delay after delay. I can

assure you that's not my intention. It may not be your intention, but that is

the effect.

Your Honor, we are now into the baseball season.

My client's practice has been disrupted and his performance on the field is

being affected.

Mr. Hicks has been through four different attorneys. Each time he gets a

one, he buys himself another delay.

Mr. Rawlins is absolutely right.

Mr. Hammond, I'm not going to allow you to withdraw.

Your Honor, I cannot effectively...

I represent this man. Hey, Judge, how about if I represent myself?

Mr. Hicks, do you have legal background of any kind?

No, I do not. And you feel competent to represent yourself?

I'm at least as competent as this idiot.

All right, Mr. Hicks. We'll adjourn for now in order to give you an opportunity

to prepare.

Thank you, Your Honor. We'll resume Wednesday morning at 10 a .m., and

prepared to proceed.

Don't worry, Judge.

I'll be ready.

Hey, Mr. Rollins.

Now we got us a game!

Bye.

Hey, Gwen.

How's everything going with the bar exam, Gwen?

Oh, it's okay. I'm taking this review course with this guy, Tony Henderson.

I go to class every day, and I study every night. I can attest to that. Are

taking enough time off from work?

Yeah, I am.

Plus, as the test gets closer, I'll be paying back more.

Plus, most of the time that I'm here, all I'm doing is studying. Good. Don't

shy about asking for help. Thanks. Shall we? By all means.

Hicks versus Bodine. That's me. We are representing Val Bodine. The ball

The ball player.

A guy named Hicks had been heckling him for an entire season.

Bodine went into the stands and committed battery upon his person.

The team offered Hicks $100 ,000 to settle.

Hicks refused.

He wanted his day in court. He hired and fired five different lawyers, and now

he's representing himself.

Temporary insanity.

No. Self -defense.

No, all he did was yell. Plead provocation to try to mitigate the

That's what I'm doing.

And make sure we get some tickets.

Done. Salter versus Sunny Hill School.

That's mine. We represent Ben Salter. He's a second grade teacher who was

accused of sexually molesting a student.

A male second grade teacher? What kind of guy teaches second grade?

We're not representing child molesters, are we, Anne? I said he was accused,

Douglas. The charges were dropped. What's he suing for?

The school asked that he take something called a penile plethysmograph before

they reinstate him.

I don't like the sound of that. What is it? It's a machine that attaches a wire

to the male organ and measures sexual arousal. Sounds like a clockwork orange.

He refused to do it. You're convinced there was no basis for the accusation?

charges were dropped.

Yeah, yeah. I understand, but that doesn't necessarily mean he didn't do

this country, it does.

They attach a wire?

I keep telling myself, Gwen, there are over 100 ,000 lawyers in the state of

California. Most of those people pass the bar without having a nervous

breakdown. You can, too. You're going to do great.

I don't know how I'm going to do.

Oh, you got work to do.

A little, yeah.

Okay. You're going to pass the test, Gwen.

You've been pretty distant lately, you know that?

Nothing. It's not nothing, Daniel. It's something. Tell me what it is.

I'm worried about my kid.

I'm worried that she needs more of a home life with me than she's getting.

And I'm worried that she needs more of a constant female influence.

And I don't fit that description.

I'm not sure you want to fit that description.

I can't discuss this right now. I've got to study.

Okay.

I'll talk to you later.

What are the exceptions?

Unavailability of the declarant, previous testimony, statement against

dying declaration, pedigree.

All right, we'll go into the specifics of each tomorrow. Right now, I want to

say something to you about this whole process. Put down your pens.

I'm seeing the look of panic on a number of faces.

Panic isn't helpful.

Put down your pens.

There's a tremendous amount of information you're going to have to

between now and the day of the bar exam. You need to be organized.

You need to be disciplined. You need to work your tail off. But at the end of

the day, you need to forget about it.

Hey, you, stop writing. Just listen.

There are going to be questions on the test you will get wrong. It makes

absolutely no difference if you pass by one point or by 40 points, so long as

you pass.

Panic will not make you pass.

Panic will make you fail.

Don't panic.

Eat well.

Have great sex.

Get a good night's sleep. I'll see you tomorrow night.

Hey, Joe, do you understand the parole evidence rule? All prior or contemporary

in these negotiations are subsumed into the written agreement, assuming there is

one.

You want to get a beer?

Get a beer? Do I have to study?

I've studied enough for one day. Why is it I can never feel that way? All you

have to do is understand what they're looking for and give it to them.

It's a test. It's no big deal.

I taught second grade at Sunny Hill School for six years.

What reason was given for your dismissal?

I refused to take a penile plethysmograph test.

What is a penile plethysmograph test?

They attach a metal ring to your penis and measure your response to pictures of

naked children.

Why were you asked to take such a test?

I'd been accused of molesting an eight -year -old boy.

Did you?

No.

How did you first learn that this accusation had been made?

Six police officers came to the school, and in front of students and faculty, I

was placed under arrest.

Were you convicted of the crime of child molestation? No, I was never tried for

the crime of child molestation. The charges were dropped for lack of

What position did the administration at Sunny Hills School take regarding your

employment there? Well, they said they were happy and relieved and anxious to

have me back there teaching again.

They said they knew right along that I was innocent, but unfortunately there

were some lingering doubts among some of the parents, and they asked me if I

would help put those doubts to rest.

How did they suggest you do that?

First, they asked me to take a lie detector test.

Did you agree to do so?

Yes, I did. What was the result?

I passed.

What? If anything, did they ask you to do next?

They asked me to be interviewed by a psychiatrist.

Did you agree to do that?

Yes, I was interviewed on five separate occasions, and to the best of my

knowledge, I was pronounced normal.

Did that suffice for the administration of Sunny Hill School?

No. They then asked that I take a penoplythismograph test, and when I

was dismissed.

Why did you refuse?

Because enough is enough.

At some point, I had to reclaim a little bit of dignity.

That's what I did, and that's what I was fired for.

Thank you. I have nothing further.

Do you have children of your own, Mr. Salter? No, I do not. Well, if you did,

how would you feel about them being placed in the care of a pedophile?

I am not a pedophile.

No, no. No, I'm not saying that you are.

I'm asking you, how would you feel about your own child, assuming that you had

one, being taken care of by a pedophile?

I would not allow my child to be taken care of by a pedophile. Well, then my

question to you, sir, is simply this. Shouldn't a school do everything it can

stop that from happening?

Not this.

Why not this?

Because I'm not a laboratory rat. That's why not.

I'm a human being. You're a human being that was accused of being a pedophile.

Those charges were dropped. That's right. They were dropped.

They were never disproved. They were dropped. Objection. I thought you were

innocent until proven guilty in this country. I thought charges had to be

proved, not disproved. I'm curious about something. You...

Agreed to a lie detector test. You agreed to a psychological profile. Why

you not agree to the placismograph test? Because I wouldn't strip naked and have

wires attached to my genitals.

because I felt that it was my right as a citizen of this country not to be

forced to do that? It wouldn't be because you were afraid of what might

would it? No. It wouldn't be because you were afraid that when photographs of

naked young boys were put in front of you, that your genitals would betray

Objection. He's already answered the question.

Wouldn't it be that the penis doesn't lie? Your Honor. Mr. Colquitt, you will

stop badgering this witness.

Sir. I have never molested a child in my life. I have never wanted to molest a

child. Now, unless and until somebody proves that I'm lying, I don't want to

take any more tests.

I want my job back, I want my name back, and I want to be left alone.

Question. Where were you on the afternoon of September 15, 1992?

Answer. I was in the ballpark sitting in my seat.

Question. What were you doing there?

Answer. I was watching a ball game.

Mr. Hicks, it's really not necessary to keep saying question and answer.

Whatever you want, Judge.

What was Mr.

Bodine doing that day?

He was playing left field.

Did you say anything to him?

Oh, yes, I did. What did I say?

I said a lot of things.

I commented on his fielding, such as it is. He'd throw rainbows. He never

figured it out. The shortest distance between two points is a straight line.

I commented on his propensity to swing at bad pitches, to strike out in clutch

situations. Objection, Your Honor. Sit down. Mr. Hicks, I'll run the courtroom

if you don't mind.

And the objection is sustained. Mr.

Bodine's performance isn't relevant to these proceedings.

Did you use profanity?

No, I did not.

I make it a point not to.

What did Val Bodine do upon hearing my remark, Mr. Hicks?

Around the fifth inning, he comes charging up into the stands and assaults

Did I fight back?

No, I did not. Why did you not fight back, Mr. Hicks? I was overmatched in

and strength.

What injuries did you sustain?

Both eyes swollen, shot a head that looked like a pumpkin?

In that, I'm a shoe salesman. I deal with the public. I was unable to work

some two weeks.

I was also left a little frightened, shaken up, given the fact that my 11

-old son had just returned from buying a hot dog. It's hard to see his father

beaten up. I felt deeply humiliated.

Well, I have no further questions.

How many games had you attended in the 1992 season by September the 15th, Mr.

Hicks? Every time there was a home game, I was there.

Isn't it a fact, sir, that at each and every one of those games, you made

continuous denigrating remarks to Mr.

Bodine? I got something on my mind, I say it. You're allowed to do that in the

.S. of A. You made remarks about his fielding.

You made remarks about it hitting. I'm a student of the game. My observations

happen to have some merit. But your observations weren't limited to the

were they? In what way weren't they? Did you make remarks about the failure of a

restaurant that Mr. Bodine had invested in? It was in all the papers. That's not

like I'm giving away any state secrets.

You also saw fit to harangue Mr. Bodine about a paternity suit he was involved

in, didn't you? That paternity suit took 40 points off his batting average.

You were somewhat fixated by Val Bodine, weren't you, Mr. Hicks? I was paying

attention. Isn't what you did a little more than that, sir?

Isn't what you did to have kept up a nonstop barrage of verbal abuse,

and baiting this man until on September 15th you finally provoked him into

making a response?

He's wasting his God -given talent.

That's a sin by me. Look, I followed this guy's career going back to the day

they brought him up from the minors. I tell the whole world, this guy's it.

This guy, he's the difference between having and hoping.

I stood by him because I saw something in him.

My kid liked him.

I liked him. We picked him as our guy.

And when he didn't live up to that, you let him know.

This lucky bastard makes more money playing nine innings of baseball than I

selling shoes for six months. You bet I told him.

I don't know further questions.

Doctor, would you tell us your field of expertise?

I'm a psychiatrist specializing in the treatment of sexual disorders.

Did you have occasion to interview the plaintiff? Yes, I did. Would you tell us

what, if any, conclusions you reached regarding his sexual orientation?

I found Mr.

Salter to be both heterosexual and age -appropriate in his social and sexual

development. Doctor, are you familiar with this machine?

Yes, I am. Would you tell us what it is and what it does?

It's a penile plasmograph.

It measures the degree of arousal a man undergoes when presented with various

stimuli, both visual and auditory.

It operates by the use of a strain gauge placed around the shaft of the penis.

In your opinion, doctor, was its use on this man indicated?

It most decidedly was not indicated.

And why do you say that? Because far less intrusive and, in my opinion, far

reliable diagnostic techniques told you all you needed to know about this man.

Simply put, he is not a pedophile.

Doctor, in your opinion, does Ben Salter represent a threat to the children who

are placed in his care?

Absolutely not. Thank you. I have nothing further.

Tell us, Doctor, is there ever an occasion when a penile plethysmograph

indicated? If you're trying to determine an appropriate treatment modality, if

you're designing some sort of aversion therapy.

or if the results of other diagnostic techniques are inconclusive.

But the results of your diagnostic techniques were conclusive.

That's right.

Doctor, you administered various psychological tests to Ben Salter, did

Yes, I did. And these tests were voluntary, were they not, Doctor? You

question, he thought about it, and he gave you an answer.

That's right. The penile plethysmograph test measures an involuntary response,

doesn't it, Doctor?

Yes. So when the school's clinician...

Got to the only test that Ben Salter couldn't fake, and he backs off.

Doesn't that raise the tiniest question in your mind about how conclusive your

diagnosis is?

He stated his reasons, and I agree with him. Is it possible that Ben Salter

could have fooled you, Doctor?

I've been practicing for a long time, Mr. Colquitt.

It's not likely.

I asked you whether or not it were possible.

Anything's possible.

That's what we're afraid of.

I have nothing further, doctor. Thank you.

Hey, Gwen.

How's the bar review going?

Fine.

Handling the pressure?

Hey, you all right?

Every minute I'm awake, all I want to do is sleep.

Every minute I try and sleep, I lie in bed, my eyes wide open, trying the hell

to understand collateral estoppel or prior restraint or the rule against

perpetuities. Do you understand the rule against perpetuities?

No. Oh, great.

Nobody does.

How does anybody pass the bar exam?

Quinn, you can't get hung up on what you don't know. You don't have to know

everything. Right.

Just enough to pass.

That's right.

I don't know, Arnie. Why did I ever think I could be a lawyer? What kind of

bright idea was that?

Hey. Come on. I mean, no, really. Did my parents want me to be a lawyer? No.

Did I grow up watching To Kill a Mockingbird and thrill to the knowledge

could be the next Atticus Finch?

No. I don't even remember deciding I wanted to go to law school. I don't

remember that.

What's the worst thing that can happen?

You fail.

So what?

I failed the first time I took the exam. You can take it as many times as you

want.

I don't think I could survive going through this one more time.

What was your reaction when you first heard that Ben Salter was accused of

sexually molesting a child?

Shock.

Complete and utter shock.

This, after all, was someone I considered a friend.

What did you do?

Pending the resolution of the criminal charges, I suspended him. When the

charges were dropped, I called him into my office to map out a plan for his

reinstatement. Why did you need a plan?

Why didn't you just reinstate him?

There was a lot of concern on the part of the parents.

That's why.

How did you seek to address that concern?

By conducting our own investigation of Ben, and then by being able to go to the

parents and say he got a clean bill of health.

And did Mr. Salter indicate to you that he was willing to cooperate with such an

examination? Yes, he did.

And did he in fact do so?

Up to a point, he did.

When it came time to use the plethysmograph, he refused.

I had no choice but to fire him.

Would you tell the court why you felt that to be the case?

The question had been raised as to the advisability of letting Ben be around

children. That question had to be settled, and it had to be settled by

I have no further questions.

I assume you were relieved when the charges were dropped, were you not?

Profoundly relieved.

You just had the problem of those parents to deal with.

That's right. Had any of the parents actually communicated their concern over

Mr. Salter's reinstatement? If I had reinstated him, I would have heard from

them. Believe me.

These people pay $7 ,000 a year to put their kids in our school.

And you figure that entitled them to have a wire hooked up to this man's

genitals, right?

Objection. Sustained. What other requirements would you be willing to

your faculty?

in an effort to please the parents.

I don't know what you mean.

What if there were a teacher that someone suspected of being gay?

Being gay isn't a crime. What crime did Ben Salter commit?

He was accused of molesting a child.

What crime did he commit?

So far as we know, he didn't commit any crime. Then why were you treating him

like a criminal?

I was doing my job as headmaster by protecting our students and the school

which I was employed.

What were you protecting the school from, Mr. Hollis? From the possibility

being sued. in case Ben Salter did commit a crime, in case he wasn't age

appropriate in his sexual orientation.

In other words, this was a legal strategy, wasn't it? You were preparing

lawsuit, and you wanted to be able to say, if anything happened, that it was

machine's fault and not yours.

I think that way because I have to think that way. Because lawyers like you make

me think that way. You had a prosecutor dismiss the charges against this man.

You had a lie detector test and a psychiatric evaluation. Both conclude

was not a pedophile.

And still, that wasn't enough for you. No, it wasn't.

And it wouldn't have been enough for anyone in my position.

Most schools would have dropped him on his head.

I'm bending over backwards to give him back his job. I'm spending a fortune to

employ state -of -the -art technology, and he wants to pick and choose what he

will and will not do?

He's lucky. I'm willing to strap him up to that machine.

Thank you, Mr. Hollis. I have no further questions.

Describe for us, if you will, Mr. Bodine, the first time you noticed Ed

It was the opening day of the 1992 season.

He was yelling at me for the mistakes he said I made back in 1991.

I was supposed to pretend they didn't happen?

Mr. Hicks. Yeah.

How was it that you were able to tell from whom those remarks were coming?

How could I tell?

Yeah. When other people sat down, he stood up.

When other people got quiet, he got loud.

When other people got loud, he got louder.

He couldn't help but notice this guy. And did his behavior continue in a

fashion beyond opening day? Yeah, how about all season long?

What was it that caused you to go into the stand and physically assault Ed

Hicks? I just settled this paternity suit, and it was painful.

It was messy.

And even though it was in the papers, when he mentioned it, I went nuts. I had

to listen to his voice for five and a half months.

Now, I'm sorry that it happened, but hearing him talk about my personal

On that particular day, it was more than I could take.

I have nothing further.

How much money did you make last year, Val?

Objection. Irrelevant. Hey, Judge, is it irrelevant to them?

I'm going to allow it. Hey, way to go, Judge.

Excuse me.

How much, Val? I made 2 .2 million.

2 .2 million?

How much is that per game, do you know?

No, I don't know. Well, let's look it up.

162 games into 2 .2 million.

That's... Whoa!

It's a little more than $13 ,580.

There are probably 150 other guys in this league who make more money than I

Really? It's probably 400 who had a better season.

I was hurt. You were hurt? So what were you doing playing hurt?

I mean, who were you helping? Objection, Your Honor.

Sustained. We're not here to discuss Mr. Bodine's performance on the field, Mr.

Hicks. Understood, Your Honor.

Do you know you were called out on strikes 24 times last year?

Objection. Mr. Hicks. There were some bad calls in there, Mr. Hicks. Let's not

start crying about the ump now. Do me a favor. Gentlemen, enough.

If you want to argue the fine points of baseball, do it on your own time.

Why did you hit me, Val?

I hit you because you wouldn't shut up. Why'd you hit me in front of my kid?

I'm sorry. I didn't see your kid.

Let me ask you something.

Do you ever listen to what I'm saying? I can't help listening to it. You can't

help hearing.

What I'm asking is, do you ever listen? Look it.

I've got a manager. I've got coaches.

I've got teammates.

I've got people. I've got friends.

I've got enough people to listen to who actually know what they're talking

about. I don't need to listen to you!

My son came home from school, and right away I knew something was wrong.

How did you know?

Well, because I'm his mother, mothers know.

What, if anything, did you do?

I talked to him. It took a while, but he finally told me what was wrong.

He told me that his teacher, Ben Salter, had molested him. Objection. Hearsay.

This is being used to demonstrate the state of mind of the witness, Your

I'll allow it.

Your Honor, I want the jury instructed that this statement by the witness's

child is being admitted solely to demonstrate the witness's state of mind

should not be taken as fact. The jury is so advised.

What, if anything, did you do?

First, I called the police, and then I called the school. And you continue to

believe that your child was molested by this man?

Yes, I do. Despite the fact that the district attorney's office... found

to be insufficient evidence to proceed to trial. District attorneys often find

insufficient evidence to proceed to trial.

But that does not shake my conviction one iota.

I believe my child.

I have nothing further.

Had your son ever been sexually assaulted prior to that day at school?

Objection. Irrelevant. It's being offered to demonstrate the witness's

mind. I'll allow it. Had he?

Yes. Who was it that molested him that time?

His father, my ex -husband. You first accused your ex -husband of sexual

molestation while the two of you were in the middle of a divorce. Isn't that

right? Yes, I did.

That was one of the reasons he and I got a divorce.

Tell us, was he ever tried for the crime of sexual molestation?

No, he wasn't. Why was that?

The district attorney felt there was insufficient evidence.

Do you think that means that I'm crazy?

Ask that the witness confine her remarks to answering the questions she's being

asked. The witness will refrain from engaging in colloquy with plaintiff

counsel. Does your son's father have visitation rights?

Yes, he does.

Does he have unsupervised visitation rights?

Yes. It's safe to assume, then, is it not, that there was not only

evidence to support a criminal prosecution, there was insufficient

prevent him from being alone with the child you claim he molested. You can be

sure that if it were up to me, that wouldn't be the case. Was it you or your

-husband who wanted to keep your son enrolled at Sunny Hills? That doesn't

anything to do with this. Ask that the witness be directed to answer the

question. It was him. Your husband got to keep the house in Brentwood, didn't

he? Objection!

Overruled. It was his before we got married. You wanted to enroll your son

school that was close to where you lived, close to where you had to move to

because you couldn't afford a house in Brentwood. You were the one that had to

pick him up. You were the one that had to take him to school. And the judge who

presided over your divorce required you to keep him in Sunny Hills. The judge

listened to your husband about that just the way you listen to your husband

about everything else. Do you think I made it up?

Do you think I made this whole thing up?

These things happen.

People's lives are ruined. Men do whatever they want to do, and lives are

ruined. Women and children's lives are ruined.

Did your son tell you that he'd been molested, Mrs. Hartshorn?

Or did you tell him?

He told me.

And I believed him.

I have nothing for them.

Mr. Henderson.

Tony. Right, Tony. And you are?

Gwen Taylor.

What can I do for you, Gwen Taylor?

I was wondering if you could recommend a tutor or an outside class or someplace

where I can get a little extra help preparing, because otherwise I'm not

to make it through this.

Everybody feels that way.

No, you don't understand.

I don't have a law degree. I've been apprenticing.

I haven't had a lot of practice being tested like this. I'm going under, and I

really need some help.

Hi, Tony.

Hi, Cheryl.

Are we going to cover third -party beneficiary today?

Yes, we are.

Good, because I'm hopelessly confused.

You see?

You're not alone.

Tony, I passed hopelessly confused last Tuesday.

I learned all these mnemonics. My legs for written contracts and cope for the

rules against perpetuities. But now I can't remember what the letters stand

Does the E in legs stand for executor or is it escrow? Gwen, I will help you.

You will? Is tomorrow night soon enough?

Yeah. Good. Tomorrow night it is. I can't believe you have time enough to

me. I'll make time. I like a challenge.

Come on.

Imagine that every morning you go to work, you encounter the same person.

Wherever you are, there he is.

And all day, every day, he yells at you.

He reminds you of mistakes you've made. He tells you what you're not doing as

well as you should, what opportunities you've missed, what a disappointment

you've been. And he comments on your personal life loud enough so that

can hear that he won't stop.

So you try to ignore them.

You try to concentrate on your work, and you tell yourself, it's part of the

job, it's part of the job.

And one way or another, you manage not to lose your temper.

Until that day.

Until that day when the circumstances in your life are such that this guy

yelling at you just pushes you over the edge.

Could happen to me.

Could happen to you.

Could happen to him.

Val Bodine is a professional baseball player, ladies and gentlemen. He is not

trained bear. Yes, he's paid. He's paid very well to play baseball in front of

people. And yes, he should be able to take the booing along with the cheering.

But what's a little tough to take is the relentless and obsessive taunting by a

man like Ed Hicks. I mean, just think what it would be like if it were him

waiting for you every day at work.

Every day for five and a half months. I ask you to imagine that right now.

before you render your verdict.

How do you do this?

What, am I supposed to get up here and make a speech?

I'm going to get up here, I'm going to make a speech, and everyone's going to

listen to me?

That's pretty good.

Doesn't happen to me very often.

I mean, when you were a kid.

You dream everybody will listen to you. You dream about being center of

attention.

You dream big.

You dream you'll be a senator or a movie star or a baseball player.

You don't dream you're going to sell shoes. That's just something you wind up

doing. That and watching baseball games.

Time stands still at a baseball game.

There's no clock.

Who you are doesn't matter.

Anybody can go if you come up with the money.

All right, so maybe it sounds stupid, but 12 % of my take -home pay goes to

the tickets.

I used to go with my father, and now my son goes with me.

I'm a nervous, overweight guy who drives an hour and a half back and forth to

work to make $37 .5 a year selling shoes.

I mean, my kid's not going to yell from the rooftops about what his old man does

for a living.

He's got nothing to brag about in that department. He's stuck with me. So I

him to the baseball game, and I make a lot of noise.

So my kid will see that I love something, and he'll love that thing

All right, you may not believe this, but when we're at the ballgame, I am a real

big shot to my kid.

Nobody knows the game better. Nobody yells louder.

And that may not be a lot, but it's something.

It is something.

Mr. Salter, to take this test, the penioplasismograph, much has been made

test's invasiveness. We all feel discomfort at hearing it described and

imagining it administered to ourselves.

Admittedly, it's hard to view it as anything other than a violation of one's

privacy.

I would urge you to keep one thing in perspective, though.

It's not as much a violation as being sexually molested, and that, ladies and

gentlemen, is what we are talking about.

If a school had any basis to suspect one of its teachers of molesting children

sexually, and they did not do anything they could to prevent that, the next

sound you would hear would be the snapping open of attorney's briefcases,

-bent on suing that school for all it's worth.

The penile plethysmograph is the fastest means we have of breaking through a

suspect's denial.

Its results may not be conclusive, but they definitely give us a piece of the

puzzle. They enable us to identify who is a threat to our children.

If any of you, if you or if someone close to you was sexually abused as a

you understand the enormity of that threat. And the momentary discomfort or

embarrassment that Ben Salter may go through as a result of this test pales

significance when compared to the misery and the pain.

that a victim of sexual abuse carries with them the rest of their life.

I would urge you to render your verdict accordingly.

Ladies and gentlemen, I am not here to defend the sexual abuse of children.

My adversary has done his level best, however, to make it appear that I am.

He knows that if you are sufficiently caught up in the drumbeat of fear and

suspicion, you won't bother to distinguish between that which has been

and that which has been proven.

And if you don't bother to do that, he wins.

This case terrifies me.

I look at what happened to Ben Salter, and I understand how it was that women

called witches were burned at the stake.

A person stands accused of that which we as a society revile and condemn. He

refuses to have wires attached to his body.

Wires which bypass the conscious mind, which measure not guilt or innocence,

the physiology of some disembodied part of his anatomy as if that defines who he

is. As a result, he loses his job and has his reputation ruined. Does it

him? to suffer whatever ordeal is put in front of him in order to undo that,

only if you're willing to scrap the Constitution and cast out the most basic

tenet of our judicial system, innocent until proven guilty.

This is not a case about child abuse, ladies and gentlemen. It's a case about

innocent man fighting for his right to hold on to the last shred of what it

means to be human.

Hi. Hi.

How you doing?

Okay.

How's the bar review going?

Okay.

How's Lucy?

She's great.

I was thinking about her, and I was thinking about what you said the other

Gwen, this really can't wait until after the bar.

I don't think it should.

I... I don't think I can be...

The constant that she needs in her life, Daniel.

And the truth is that I don't think I can be the constant you need either.

So?

I

thought

this would feel terrible, but at least be a relief, and instead it just

So am I.

Has the jury reached a verdict?

We have, Your Honor. What say you?

We fine to the plaintiff, Edward Hicks, and award the sum of $1 in damages.

So say you all.

$1? Mr. Hicks.

That'll give IQ tests for jury duty, do they? Mr.

Hicks. Hey, moron. I have a question for you.

How can he be guilty and only owe one dollar? Listen to me, Mr. Hicks. If I

you a dollar, do I get to beat you up? Mr. Hicks!

If you don't stop haranguing the jury, I'm going to have the officer of the

court place you under arrest.

The jury's dismissed with the thanks of the court.

The court's adjourned.

Hey, Ed.

Ed! What?

What, you want to rub my nose in it? You want to beat me up again?

The jury already did that. Hey, Val.

Are you sure this is going to be constructive? Jonathan, I got a little

to take care of with this man.

What kind of business?

I want to give you something.

You're going to give me the dollar? No, I'm not going to give you the dollar.

I want to give you this for your boy.

What's this for?

You showed me something yesterday.

I thought you were just a pain in the ass, which you are.

But you're more than that. You love the game. You love your kid.

And I respect you for that.

I'd like it if you realize that I'm a human being and respect me too.

Is that the real deal?

I used it all last season.

Including when you blew the double play against the Astros?

Including then.

Thanks.

I mean a lot to him.

It means a lot to me.

Hey,

sorry I beat you up.

I lived.

See you at the ballpark?

Count on it!

Would the foreperson please read the verdict?

We, the jury, in the matter of Salta v. Sunny Hill School, fine for the

plaintiff and award $250 ,000 in damages.

The court hereby orders the plaintiff be reinstated.

The jury is discharged with thanks of the court. This court is adjourned.

I think we need to talk.

I'm not worried about the monetary damages.

They'll be covered by our insurance carrier.

The problem comes with reinstating you.

What is it you're asking, Mr. Hollis? I'm asking for you to teach someplace

else.

Now, why would I want to do that? Because it'll be a hell of a lot more

comfortable for you someplace else.

I'm telling you this as a friend, Ben.

There are quite a few parents that don't want you back.

They've said to me that if you do come back, they want absolute assurances that

you won't be alone with their children.

I'm going to have to put a monitor in your classrooms. You do that and I'll

you back in court so fast your head will spin.

The judge's order calls for his reinstatement, period. No conditions, no

qualifications, no holding him out to be someone who can't be trusted.

She's right, Richard. You can't do that.

Is it worth it, Ben?

I'm going to be in room nine Monday morning, Richard. I expect to have a

grade class in there as well.

You want to have a second grade class in there?

Then you call the parents of those second graders and tell them they have

nothing to worry about. Tell them that no matter what their fears are, if they

want to continue to have their kids to Sunny Hills, you're going to be their

teacher. Do you want to tell them that?

No, because that's your job.

That's what you have to tell them. You have to tell them. You have to stand up

and say that Ben Salter is coming back to teach because Ben Salter's done

nothing wrong.

He's not a child molester.

He's not a suspected child molester. He's a teacher.

He's a good teacher.

It appears as though I have no choice, so... Okay.

For what it's worth, though...

I think you're going to be miserable.

You're telling me that as a friend?

Okay.

You get in under the exclusionary rule.

How?

Independent source. Independent source.

Intervening act of free will by the defendant. Intervening act of free will

the defendant.

Inevitable discovery.

Live witness testimony and court ID.

Good. And remember, if the exclusionary rule is on the essay question... Mention

the exceptions, whether they're relevant or not, get in that I know what they

are. Right.

Okay, how about the rule against perpetuities? The rule against

Cope.

Contingent remainders.

Option to purchase land. Powers of appointment.

Oh.

Executor interest?

You love those mnemonics, don't you? Yeah, they make me feel more secure.

I really, I want to thank you for taking the time to help me. I feel calmer now

than I have in the last few weeks. And there was a moment back there when I

actually pictured myself as a lawyer. It was really great.

I can't believe I did that.

I can't believe I did that.

Why did you do that?

I don't know.

I, um... I felt like I was standing outside myself watching me kiss you.

Look, it's late. We're both tired. It's okay. I never do things like that. It's

totally out of character for me.

Why don't we just get back to work?

As long as you're sure you're okay.

And you forgive me for being so out of line.

Yeah, I'm okay.

And I'm, yeah, I forgive you.

All right.

Okay, statute of frauds. What contracts need to be in writing?

All right, all right.

Where the consideration is marriage.

Where the duration of the contract is more than a year.

Surety ship, land.

For the sale of goods valued at more than $500. And for an executor to pay

debts of an estate.