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1
00:00:02,280 --> 00:00:04,920
Attorney visit for inmate C -77015.
2
00:00:48,360 --> 00:00:50,580
Is that really necessary for a non
-contact visit?
3
00:00:50,900 --> 00:00:51,920
It's procedure, sir.
4
00:01:14,680 --> 00:01:17,720
Huh? I've been asked to communicate
something to you.
5
00:01:18,760 --> 00:01:22,340
The state of California might be willing
to consider a transfer to Folsom Prison
6
00:01:22,340 --> 00:01:24,480
in return for you dropping the suit.
7
00:01:25,240 --> 00:01:27,100
Might be willing to consider, huh?
Right.
8
00:01:27,900 --> 00:01:29,440
Does that mean they think we might win?
9
00:01:30,300 --> 00:01:33,440
It might mean that. It might mean they'd
rather not litigate this until after
10
00:01:33,440 --> 00:01:34,440
the elections.
11
00:01:34,520 --> 00:01:37,020
It might mean they want to turn the
other prisoners here against you.
12
00:01:37,260 --> 00:01:38,460
Have they changed the trial date?
13
00:01:38,680 --> 00:01:39,680
No.
14
00:01:40,060 --> 00:01:41,960
They're still flying me out to Los
Angeles today.
15
00:01:42,600 --> 00:01:47,320
If you elect to go to trial, they'll fly
you down to Los Angeles and we will go
16
00:01:47,320 --> 00:01:48,320
to trial.
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00:01:49,000 --> 00:01:50,880
Oh, please tell them that I elect to go
to trial.
18
00:03:51,050 --> 00:03:55,010
Padret versus the California Department
of Correction. Yeah, that's mine.
19
00:03:55,410 --> 00:04:00,230
Tom Padret is incarcerated at the
security housing unit at China Lake, a
20
00:04:00,230 --> 00:04:03,890
-of -the -art, super -maximum security
prison. We're suing to have it shut
21
00:04:04,090 --> 00:04:05,090
On what grounds?
22
00:04:05,170 --> 00:04:08,470
On the grounds that the prisoners there
are being kept so totally isolated that
23
00:04:08,470 --> 00:04:09,470
they're being driven insane.
24
00:04:09,490 --> 00:04:12,450
There are no windows, no sunlight, no
interaction with other prisoners.
25
00:04:13,030 --> 00:04:14,350
Literally, they are going mad.
26
00:04:14,550 --> 00:04:18,390
Sounds like the perfect environment to
reflect on one's past sins and catch up
27
00:04:18,390 --> 00:04:19,319
on one's reading.
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00:04:19,320 --> 00:04:21,959
How are we so fortunate as to have this
one fall into our laps?
29
00:04:22,180 --> 00:04:24,860
A prisoners' rights group contacted me.
Shall we continue?
30
00:04:25,140 --> 00:04:29,000
Golden Pines Retirement Community versus
Kara Nordoff and Croft. This one's
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00:04:29,000 --> 00:04:32,700
mine. The retirement community seeking
to evict three senior citizens because
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00:04:32,700 --> 00:04:34,260
they're participating in a drug
experiment.
33
00:04:34,640 --> 00:04:37,140
What kind of drug? They're wearing
testosterone patches.
34
00:04:37,380 --> 00:04:41,460
The administrator of the facility claims
that they become overly libidinous and
35
00:04:41,460 --> 00:04:43,360
disruptive as a result. A patch?
36
00:04:43,580 --> 00:04:48,100
How ingenious that is. It allows you to
control the ebb and flow, so to speak.
37
00:04:49,420 --> 00:04:52,940
A poker game with the boys should take
it off. A weekend up at the San Ysidro
38
00:04:52,940 --> 00:04:54,020
Ranch with a tootsie?
39
00:04:54,400 --> 00:04:55,420
You put it on.
40
00:04:55,940 --> 00:04:57,220
What are you looking at me for?
41
00:04:57,480 --> 00:04:58,480
No reason.
42
00:05:00,340 --> 00:05:03,440
We also have the issue of staffing to
discuss.
43
00:05:03,700 --> 00:05:07,080
Yes, we do. We've cut through all the
potential candidates under consideration
44
00:05:07,080 --> 00:05:08,080
from the past.
45
00:05:08,100 --> 00:05:12,500
Resumes, recommendations, favors and the
like. And it pretty much narrows down
46
00:05:12,500 --> 00:05:13,199
to two.
47
00:05:13,200 --> 00:05:16,800
Inez Garcia and Patrick Flanagan.
Patrick Flanagan's a contender?
48
00:05:17,020 --> 00:05:18,020
Yes, he is.
49
00:05:18,090 --> 00:05:21,110
I've told you about my experience with
him. Yes, you have. And we should
50
00:05:21,110 --> 00:05:24,770
certainly factor that into the decision
-making process, which I would ask we
51
00:05:24,770 --> 00:05:28,250
conclude by the end of the week. And
with that, we're adjourned.
52
00:05:34,310 --> 00:05:36,750
Don't we have something to talk about,
you and I?
53
00:05:37,350 --> 00:05:38,810
No. What do you mean, no?
54
00:05:39,530 --> 00:05:40,990
You kissed me on the mouth.
55
00:05:41,310 --> 00:05:43,410
Yes, I was upset.
56
00:05:44,230 --> 00:05:46,150
Does that mean you regret having done
it?
57
00:05:46,510 --> 00:05:51,130
It means that it was a transitory
impulse and I acted on it and now it's
58
00:05:51,850 --> 00:05:53,670
What can I do to make it come back?
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00:05:55,110 --> 00:05:56,450
You can't do anything.
60
00:06:02,490 --> 00:06:04,350
You little temptress.
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00:06:05,270 --> 00:06:06,850
I'd love to see you beg.
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00:06:12,050 --> 00:06:13,290
What are my chances?
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00:06:13,930 --> 00:06:15,810
I'd say they're pretty good. You think
so?
64
00:06:16,050 --> 00:06:19,930
Yeah. You graduated in the top 5 % of
your law school class. You've got great
65
00:06:19,930 --> 00:06:20,930
experience.
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00:06:21,410 --> 00:06:22,570
Plus, you know me.
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00:06:22,950 --> 00:06:23,950
May I interview you Thursday?
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00:06:24,250 --> 00:06:25,250
Great. Will you be in the room?
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00:06:25,430 --> 00:06:26,870
I can't be. I'm sponsoring you.
70
00:06:27,090 --> 00:06:28,090
Too bad.
71
00:06:28,190 --> 00:06:29,190
Oh, you'll do fine.
72
00:06:29,370 --> 00:06:30,370
I'm nervous.
73
00:06:30,670 --> 00:06:32,710
I'm not used to being around places like
this.
74
00:06:33,090 --> 00:06:34,730
Yeah, well, you can get used to it, let
me tell you.
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00:06:35,290 --> 00:06:36,290
I'm sure you can.
76
00:06:37,070 --> 00:06:40,630
I'll see you Thursday when you come in.
Maybe we can have lunch together or
77
00:06:40,630 --> 00:06:43,330
something. I appreciate you doing this,
Daniel.
78
00:06:43,740 --> 00:06:45,660
It is. I've known you since you were
born.
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00:06:46,080 --> 00:06:48,020
Who are you going to come to for a job
if not me?
80
00:06:50,740 --> 00:06:52,900
Would you state your occupation, Mr.
Overvault?
81
00:06:53,120 --> 00:06:57,020
I am the administrator of the Golden
Pines Retirement Village.
82
00:06:57,280 --> 00:07:00,880
You've instituted eviction proceedings
against Mr. Carr, Mr. Nordoff, and Mr.
83
00:07:01,040 --> 00:07:02,040
Croft. Is that right?
84
00:07:02,140 --> 00:07:05,820
Yes, it is. For the record, would you
state your reasons for doing so? They
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00:07:05,820 --> 00:07:09,400
participating in the clinical trials of
a testosterone patch.
86
00:07:10,620 --> 00:07:12,360
Consequently, they've become disruptive.
87
00:07:12,890 --> 00:07:16,150
Do you ever see one? Harold? No, I
haven't. Boys?
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00:07:18,730 --> 00:07:19,730
My, my.
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00:07:19,890 --> 00:07:21,370
I like a nicotine patch.
90
00:07:21,650 --> 00:07:26,070
Only these get you to start smoking. Can
we return to the matter at hand?
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00:07:26,310 --> 00:07:29,970
What specifically do these gentlemen do,
Mr. Overvault? They wear tight pants.
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00:07:30,550 --> 00:07:34,990
They stage golf cart races. They get
into fist fights. And they engage in
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00:07:34,990 --> 00:07:36,690
blatantly promiscuous behavior.
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00:07:36,990 --> 00:07:40,230
What's the ratio of women to men in your
community, Mr. Overvault?
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00:07:40,600 --> 00:07:44,920
Approximately five to one. Is it
possible that what you characterize as
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00:07:44,920 --> 00:07:49,360
promiscuity is nothing more than the
laws of supply and demand at work? I
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00:07:49,360 --> 00:07:54,980
just refer to promiscuity, Mr. Brackman.
I referred to blatant promiscuity. We
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00:07:54,980 --> 00:07:58,200
are talking about necking. We are
talking about swapping.
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00:07:58,880 --> 00:08:03,700
We are talking about public displays of
highly salacious behavior.
100
00:08:04,180 --> 00:08:07,380
Is it fair to say, Mr. Overvault, that
you find the idea of senior citizens
101
00:08:07,380 --> 00:08:08,760
being sexually active?
102
00:08:09,160 --> 00:08:14,140
Personally repugnant? No. That which
seniors do privately and discreetly is
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00:08:14,140 --> 00:08:15,500
no concern to me whatsoever.
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00:08:16,040 --> 00:08:21,180
That which destroys the tranquility of
our community, that which violates our
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00:08:21,180 --> 00:08:24,000
bylaws, is of great concern to me.
106
00:08:24,260 --> 00:08:25,460
You have any more in need of us,
Douglas?
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00:08:25,900 --> 00:08:29,520
No. Let's split. I've had about all I
can take of this little windbag.
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00:08:29,720 --> 00:08:32,440
We're not giving up our patches, Monroe.
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00:08:32,700 --> 00:08:34,840
And we're not moving out.
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00:08:35,260 --> 00:08:37,080
Your depositions start tomorrow,
gentlemen.
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00:08:37,320 --> 00:08:38,980
We'll be here, doll.
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00:08:39,820 --> 00:08:41,919
You little vixen, you.
113
00:08:51,460 --> 00:08:56,220
Padret, how long have you been
incarcerated in the security housing
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00:08:56,220 --> 00:08:57,240
China Lake Penitentiary?
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00:08:57,440 --> 00:08:58,520
Three years and four months.
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00:08:58,800 --> 00:09:00,260
Would you describe yourself for us?
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00:09:01,180 --> 00:09:02,820
It's eight feet by ten feet.
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00:09:03,780 --> 00:09:05,300
There's a bed, a sink, and a toilet.
119
00:09:06,080 --> 00:09:10,180
There's a shelf above my bed with ten
unbound sheets of white writing paper, a
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00:09:10,180 --> 00:09:14,140
plastic ink cartridge, and there's a
magazine with a stapler removed and one
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00:09:14,140 --> 00:09:15,140
book.
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00:09:15,380 --> 00:09:20,640
On a shelf above the sink, there's one
roll of toilet paper and one bar of
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00:09:20,900 --> 00:09:22,940
How many hours a day do you spend in the
cell?
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00:09:23,220 --> 00:09:24,220
Twenty -two and a half.
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00:09:24,420 --> 00:09:26,600
And where are you during the period of
time that you're not in the cell?
126
00:09:26,860 --> 00:09:27,860
I'm in the dog run.
127
00:09:28,060 --> 00:09:30,940
Would you describe for us what the dog
run is?
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00:09:31,370 --> 00:09:34,110
It's a concrete yard, 12 feet by 30
feet.
129
00:09:34,330 --> 00:09:37,130
Would you describe for us the process by
which you're taken in and out of your
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00:09:37,130 --> 00:09:38,510
cell in order to go to the yard?
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00:09:38,710 --> 00:09:40,470
You're handcuffed through a slot in your
cell door.
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00:09:41,310 --> 00:09:43,770
The control booth officer opens the
door.
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00:09:44,570 --> 00:09:46,470
An assault rifle is pointed at you.
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00:09:47,330 --> 00:09:48,750
And then you remove all your clothes.
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00:09:49,250 --> 00:09:53,410
Another officer looks inside your mouth,
behind your testicles, and they shine a
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00:09:53,410 --> 00:09:56,870
flashlight up your rectum. And this
happens each and every time that you're
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00:09:56,870 --> 00:09:57,870
taken in and out of the cell?
138
00:09:58,050 --> 00:09:59,050
Yes, sir.
139
00:09:59,420 --> 00:10:02,980
Is there ever a time, Mr. Padret, when
the prisoners are permitted to interact
140
00:10:02,980 --> 00:10:03,959
with other prisoners?
141
00:10:03,960 --> 00:10:06,640
No, the prisoners can talk to the other
prisoners through the walls of their
142
00:10:06,640 --> 00:10:09,400
cells, but they're not permitted to see
the other prisoners.
143
00:10:09,660 --> 00:10:13,140
And what effect, if any, have you
observed the conditions to have on the
144
00:10:13,140 --> 00:10:14,480
prisoners? Objection.
145
00:10:15,140 --> 00:10:19,060
The witness has no medical or
psychological expertise. He's in no
146
00:10:19,060 --> 00:10:21,020
answer that question. The witness is
being asked for his observation.
147
00:10:21,440 --> 00:10:22,440
I'm going to allow it.
148
00:10:22,920 --> 00:10:23,920
Mr. Padret?
149
00:10:25,660 --> 00:10:26,760
Well, some of them scream.
150
00:10:27,720 --> 00:10:28,720
Some cry.
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00:10:29,770 --> 00:10:33,950
Two weeks ago, one of them killed
himself by swallowing a showerhead. And
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00:10:33,950 --> 00:10:34,949
they affect you?
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00:10:34,950 --> 00:10:37,090
I don't sleep more than a half hour at a
time.
154
00:10:37,910 --> 00:10:40,950
I think in a very precise, controlled
manner.
155
00:10:42,650 --> 00:10:44,830
I work very hard at keeping myself sane.
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00:10:45,970 --> 00:10:48,070
I don't believe I'll be able to do that
much longer.
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00:10:48,510 --> 00:10:49,510
I have no further questions.
158
00:10:51,610 --> 00:10:53,250
Who's Michael Sheehy, Mr. Patrick?
159
00:10:54,310 --> 00:10:56,090
He's a prisoner at Vacaville State
Prison.
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00:10:56,990 --> 00:10:58,590
He's a prisoner that you killed, was he
not?
161
00:10:59,200 --> 00:11:01,480
Yes. Would you describe to us how you
killed him?
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00:11:01,880 --> 00:11:03,380
I beat him to death with a mop bucket.
163
00:11:04,220 --> 00:11:05,760
And who was James Wiley?
164
00:11:06,100 --> 00:11:07,480
He was a prisoner at San Quentin.
165
00:11:08,220 --> 00:11:09,440
You killed him too, didn't you?
166
00:11:09,740 --> 00:11:11,780
Yes. Would you describe to us how you
killed him?
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00:11:12,100 --> 00:11:13,300
I stabbed him in the heart.
168
00:11:13,780 --> 00:11:17,220
Would you describe for us how you got
the knife you used?
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00:11:17,760 --> 00:11:22,640
I melted down some candy wrappers,
waited till they hardened into plastic,
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00:11:22,640 --> 00:11:26,640
then I shaped that into a knife. And
it's your testimony that you are not a
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security risk, Mr. Patrick?
172
00:11:28,320 --> 00:11:30,120
Michael Sheehy sexually assaulted me.
173
00:11:31,020 --> 00:11:33,860
James Wiley put out a rumor that I was
an informant.
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00:11:34,400 --> 00:11:38,420
In both of these cases, my killing these
men was necessary for my survival. I'll
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00:11:38,420 --> 00:11:39,680
ask you again, Mr. Padret.
176
00:11:40,000 --> 00:11:44,400
Is it your testimony that you are not a
security risk?
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00:11:45,360 --> 00:11:47,940
If I'm such a security risk, then you
should kill me.
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00:11:49,220 --> 00:11:52,680
You should just strap me in the chair,
drop in the pellets, and put me down.
179
00:11:54,100 --> 00:11:56,700
But I do not believe the prison
authority has the right.
180
00:11:57,210 --> 00:12:01,330
to systematically destroy my mind and
the minds of the other men incarcerated
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00:12:01,330 --> 00:12:02,330
the SHU.
182
00:12:02,810 --> 00:12:06,550
I do not believe that they have the
right to drive us insane.
183
00:12:13,870 --> 00:12:20,810
Douglas, where do we stand with the
interviews?
184
00:12:21,710 --> 00:12:23,870
Patrick's coming in today. I know he's
coming in tomorrow.
185
00:12:25,450 --> 00:12:27,490
It seems as though they're both good
candidates.
186
00:12:27,710 --> 00:12:31,290
I agree. Although I'd probably give the
edge to the girl. Would you? She's
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00:12:31,290 --> 00:12:32,290
clerked for a federal judge.
188
00:12:32,470 --> 00:12:33,770
She's worked in the state legislature.
189
00:12:34,050 --> 00:12:37,250
She's handled a number of major appeals
successfully. I think she'd be a real
190
00:12:37,250 --> 00:12:38,510
asset. What about Patrick?
191
00:12:38,810 --> 00:12:39,810
A good resume.
192
00:12:39,910 --> 00:12:41,150
Fair amount of trial experience.
193
00:12:41,690 --> 00:12:44,050
Not that he's a bad candidate, but has a
bad resume.
194
00:12:44,250 --> 00:12:46,590
You know, his father and I are extremely
good friends.
195
00:12:49,250 --> 00:12:50,910
Yes. Well, then.
196
00:12:51,470 --> 00:12:53,490
They'll both be interviewed. Then we'll
vote.
197
00:12:53,950 --> 00:12:56,540
Right. You'll be in the room for the
interviews?
198
00:12:57,160 --> 00:12:58,160
Yes.
199
00:12:58,840 --> 00:12:59,840
Good.
200
00:13:00,620 --> 00:13:04,340
Are you familiar with these gentlemen,
Dr. Grass? Yes, I am.
201
00:13:04,800 --> 00:13:09,080
And would you tell us in what context it
is that you're familiar with them?
202
00:13:09,400 --> 00:13:13,940
I work for Derm -X Industries, and I'm
involved in the development of a
203
00:13:13,940 --> 00:13:18,380
transdermal testosterone delivery
system. In common parlance, the patch.
204
00:13:18,380 --> 00:13:21,120
gentlemen are participating in a
clinical trial for same.
205
00:13:21,340 --> 00:13:22,340
Have any side effects?
206
00:13:22,600 --> 00:13:24,720
manifested themselves in this clinical
trial?
207
00:13:25,000 --> 00:13:27,740
Surprisingly few. Would aggressiveness
be one of them?
208
00:13:27,940 --> 00:13:30,680
I choose my words very carefully, Ms.
Korshak.
209
00:13:31,220 --> 00:13:35,560
Aggressiveness would be an
overstatement, some degree of
210
00:13:35,560 --> 00:13:40,960
perhaps, an intermittent
rambunctiousness, even, but
211
00:13:40,960 --> 00:13:42,060
accurate characterization.
212
00:13:42,460 --> 00:13:46,880
The purpose of this drug is to heighten
sexual desire, is it not? That is one
213
00:13:46,880 --> 00:13:52,270
purpose. Increasing testosterone levels
also serves to lessen fatigue, restore
214
00:13:52,270 --> 00:13:53,630
muscle tone.
215
00:13:54,170 --> 00:13:58,710
The potential is here for the patch to
become a major asset in the practice of
216
00:13:58,710 --> 00:14:00,870
gerontology. How high is high, Doctor?
217
00:14:01,370 --> 00:14:04,570
I'm afraid I don't know as to what you
are referring, Miss Korshak.
218
00:14:04,890 --> 00:14:07,990
I would like to know what level of
sexual desire you're trying to attain.
219
00:14:08,310 --> 00:14:09,309
How is that relevant?
220
00:14:09,310 --> 00:14:12,910
These gentlemen have been behaving in a
way that suggests that the level is
221
00:14:12,910 --> 00:14:13,910
somewhat excessive.
222
00:14:14,150 --> 00:14:16,230
Sometimes it gets really excessive.
223
00:14:16,590 --> 00:14:18,730
That's when it gets interesting, right,
boys?
224
00:14:19,230 --> 00:14:23,050
Harold. Are you familiar with the
practice of double patching, Doctor? I
225
00:14:23,050 --> 00:14:26,530
aware that it has occurred. Certainly it
is not sanctioned, and anyone caught
226
00:14:26,530 --> 00:14:29,110
doing so will be immediately dropped
from the group.
227
00:14:29,350 --> 00:14:31,430
You didn't have to drop Earl Grunewald,
did you, Doctor?
228
00:14:32,160 --> 00:14:35,320
Mr. Grunewald's death was not
attributable to the patch.
229
00:14:35,620 --> 00:14:38,340
He was found wearing two patches at the
time of his death, was he not?
230
00:14:38,760 --> 00:14:42,620
Yes. He was also engaged in an act of
sexual congress at the time of his
231
00:14:42,700 --> 00:14:43,399
was he not?
232
00:14:43,400 --> 00:14:46,960
Yes. He was also 95 years old at the
time of his death.
233
00:14:47,200 --> 00:14:48,740
We should all be so lucky.
234
00:14:50,200 --> 00:14:53,940
How much money is your company spending
to develop this patch, Doctor? That is
235
00:14:53,940 --> 00:14:55,240
both irrelevant and proprietary.
236
00:14:55,660 --> 00:14:57,320
You don't have to answer that. I'll get
a ruling.
237
00:14:57,540 --> 00:14:58,540
Get a ruling.
238
00:14:58,680 --> 00:15:00,640
Until then, Doctor, I have no further
questions.
239
00:15:03,400 --> 00:15:04,640
What's your expertise, doctor?
240
00:15:04,860 --> 00:15:08,660
I'm a psychologist by training. I
specialize in the effects of confinement
241
00:15:08,660 --> 00:15:09,539
means of punishment.
242
00:15:09,540 --> 00:15:12,740
Have you ever had an opportunity to
examine the psychological effects of
243
00:15:12,740 --> 00:15:16,680
confinement at China Lake Penitentiary?
Yes, I have. I have interviewed 52 of
244
00:15:16,680 --> 00:15:19,400
the inmates there, including Mr. Padret.
And what were your findings?
245
00:15:19,700 --> 00:15:24,280
That the technologies in use at China
Lake are unparalleled in the history of
246
00:15:24,280 --> 00:15:28,300
the American penal system. The physical
layout of the prison, including the use
247
00:15:28,300 --> 00:15:33,030
of intercoms and automatic doors, Ensure
that the prisoners will be deprived of
248
00:15:33,030 --> 00:15:37,290
any direct human contact except with the
guards that take them in and out of the
249
00:15:37,290 --> 00:15:38,269
cells.
250
00:15:38,270 --> 00:15:41,770
The inmates are given almost nothing in
the way of physical or mental activity
251
00:15:41,770 --> 00:15:42,910
to occupy their time.
252
00:15:43,570 --> 00:15:45,430
The lights are kept on at night.
253
00:15:45,890 --> 00:15:51,090
And the meals consist of a processed
nutrient loaf that bears no resemblance
254
00:15:51,090 --> 00:15:52,090
actual food.
255
00:15:52,720 --> 00:15:57,640
The combined effect is one of prolonged
sensory deprivation. Is that different
256
00:15:57,640 --> 00:15:59,580
from solitary confinement at other
prisons?
257
00:15:59,880 --> 00:16:03,680
Well, yes, it differs both in the degree
of the isolation and the duration of
258
00:16:03,680 --> 00:16:07,060
the treatment. Now, at most of these
institutions, a prisoner is rarely kept
259
00:16:07,060 --> 00:16:08,380
solitary for more than six months.
260
00:16:08,740 --> 00:16:10,620
At China Lake, it can go on for years.
261
00:16:10,900 --> 00:16:14,140
What's known about the effects of this
kind of prolonged deprivation? Well, the
262
00:16:14,140 --> 00:16:17,540
best -known case studies we have are of
POWs who were kept in isolation during
263
00:16:17,540 --> 00:16:18,540
the Korean War.
264
00:16:18,960 --> 00:16:20,940
Deprived of contact and conversation...
265
00:16:21,340 --> 00:16:25,860
Many of these men became psychotic.
Doctor, would you assess the mental
266
00:16:25,860 --> 00:16:29,340
of the inmates at China Lake? One -third
of the men I saw are actively
267
00:16:29,340 --> 00:16:34,240
psychotic. Of this group, most
experience visual and auditory
268
00:16:34,340 --> 00:16:36,520
Several have committed acts of self
-mutilation.
269
00:16:37,040 --> 00:16:40,480
Two are catatonic. And what about the
remaining two -thirds?
270
00:16:40,940 --> 00:16:46,020
85%, including Mr. Padret, show signs of
severe psychological trauma, including
271
00:16:46,020 --> 00:16:50,120
uncontrollable trembling, sleeplessness,
distortions in perception, and panic.
272
00:16:50,320 --> 00:16:54,640
What, in your opinion, are the prospects
for these men being successfully
273
00:16:54,640 --> 00:16:59,500
integrated into a general prison
population or the world outside of
274
00:16:59,500 --> 00:17:04,060
following incarceration at China Lake?
In my opinion, there are no such
275
00:17:04,060 --> 00:17:05,060
prospects.
276
00:17:05,960 --> 00:17:07,740
Thank you, sir. Nothing further.
277
00:17:09,040 --> 00:17:13,500
Your evaluation of inmates at China Lake
consisted of interviews. Is that right,
278
00:17:13,560 --> 00:17:18,280
Doctor? Yes. You would ask inmates if
they had various symptoms, and they
279
00:17:18,280 --> 00:17:20,599
respond affirmatively, for the most
part.
280
00:17:20,960 --> 00:17:24,440
My interviewing technique is a little
more sophisticated than that, Counselor.
281
00:17:24,440 --> 00:17:27,319
usually can gauge pretty well whether or
not somebody's being truthful.
282
00:17:27,700 --> 00:17:31,120
Assuming that the problems at China Lake
are what you say they are... What
283
00:17:31,120 --> 00:17:32,120
remedies would you propose?
284
00:17:32,420 --> 00:17:35,580
I recommend that the prison be shut down
so that it can be modified to include
285
00:17:35,580 --> 00:17:39,960
common areas, recreational and
educational facilities, and a fully
286
00:17:39,960 --> 00:17:40,960
psychiatric clinic.
287
00:17:41,260 --> 00:17:47,100
So you would close a $200 million
facility, spend countless additional
288
00:17:47,100 --> 00:17:52,060
of dollars on modifications, all so that
the most vicious criminals in the state
289
00:17:52,060 --> 00:17:54,380
of California could be made to feel more
comfortable?
290
00:17:54,620 --> 00:17:56,540
Objection. I'm going to allow it.
291
00:17:56,800 --> 00:17:58,780
It's not a matter of making them more
comfortable.
292
00:17:59,880 --> 00:18:04,420
The state of California is running a
facility that not only denies these men
293
00:18:04,420 --> 00:18:09,120
chance of rehabilitation, but
effectively destroys their mental
294
00:18:09,420 --> 00:18:12,060
Now, I find that unconscionable.
295
00:18:12,320 --> 00:18:16,280
Well, thank you, Doctor. Your moral
outrage is duly noted.
296
00:18:17,080 --> 00:18:18,100
I have nothing further.
297
00:18:23,620 --> 00:18:24,620
Leland?
298
00:18:25,160 --> 00:18:27,100
Patrick, my boy. How are you? Great.
299
00:18:27,610 --> 00:18:30,130
Great. They told me you were in here. I
just wanted to stick my head in and say
300
00:18:30,130 --> 00:18:31,270
hi. Well, I'm glad you did.
301
00:18:31,610 --> 00:18:32,770
Got my interview today.
302
00:18:32,970 --> 00:18:34,030
I know all about it.
303
00:18:34,470 --> 00:18:36,970
I just wanted to say thanks for
everything you've done with us.
304
00:18:37,170 --> 00:18:38,170
Well, what have I done?
305
00:18:38,190 --> 00:18:40,130
We need an associate. You need a job.
306
00:18:40,390 --> 00:18:43,230
Well, you made it possible for me to
come in and be considered, and I
307
00:18:43,230 --> 00:18:45,230
that. Excuse me. Are you Patrick
Flanagan?
308
00:18:45,470 --> 00:18:48,470
Yes. They're ready for you. Great. Which
way am I headed? Come with me. I'll
309
00:18:48,470 --> 00:18:49,470
walk you.
310
00:18:49,730 --> 00:18:51,090
This is Denise Ionello.
311
00:18:51,410 --> 00:18:52,670
How do you do? Nice to meet you.
312
00:18:53,250 --> 00:18:54,370
You still playing squash?
313
00:18:54,750 --> 00:18:55,750
When I can.
314
00:18:56,659 --> 00:18:59,760
Patrick was the number two ranked squash
player at Harvard. Is that so?
315
00:19:00,240 --> 00:19:02,080
Well, it was a weak field when I was
there.
316
00:19:02,720 --> 00:19:03,720
You're right in here.
317
00:19:03,920 --> 00:19:04,920
Thank you.
318
00:19:05,340 --> 00:19:07,460
Good luck. Thank you. You'll do fine.
319
00:19:07,800 --> 00:19:12,040
Let me start by saying that we are, all
of us, very impressed with your resume.
320
00:19:12,280 --> 00:19:13,280
Thank you.
321
00:19:13,360 --> 00:19:16,280
We also all know that there are a few
things we need to discuss.
322
00:19:16,640 --> 00:19:19,620
Yes, there are. I'd like to ask you to
explain the incident at Harvard.
323
00:19:20,220 --> 00:19:22,020
I plagiarized a law review article.
324
00:19:22,340 --> 00:19:23,340
What would you like to know?
325
00:19:23,580 --> 00:19:24,580
How do you explain it?
326
00:19:24,890 --> 00:19:28,890
It's hard to keep an explanation from
sounding like a justification, and I
327
00:19:28,890 --> 00:19:30,550
very much for it not to sound like that.
328
00:19:31,370 --> 00:19:33,370
I did what I did because I wanted to
fail.
329
00:19:33,590 --> 00:19:35,070
I wanted to self -destruct.
330
00:19:35,590 --> 00:19:38,650
I could just as easily have driven my
car into oncoming traffic.
331
00:19:39,050 --> 00:19:40,230
Has the impulse passed?
332
00:19:40,650 --> 00:19:41,650
It feels like it has.
333
00:19:41,930 --> 00:19:46,310
I ended up taking some time off from
school, albeit not voluntarily, and I
334
00:19:46,310 --> 00:19:47,310
thought about myself.
335
00:19:47,730 --> 00:19:51,150
I ended up going to a psychiatrist for
the first time in my life. I took stock
336
00:19:51,150 --> 00:19:52,150
of myself.
337
00:19:52,240 --> 00:19:56,280
All I can say is that I'm a very
different person at 27 than I was at 21.
338
00:19:56,600 --> 00:19:59,860
There's another matter we need to
discuss, and this happened only a year
339
00:19:59,920 --> 00:20:03,520
You represented a plaintiff in a
whistleblower suit and had your case
340
00:20:03,520 --> 00:20:05,300
because of falsified lab reports?
341
00:20:05,740 --> 00:20:09,360
Say it ain't so, Joe. I'll say it ain't
so. I'll say it's my dying day. Those
342
00:20:09,360 --> 00:20:12,060
falsified lab reports were planted by
the defendant corporation.
343
00:20:13,360 --> 00:20:16,020
Unfortunately, I couldn't prove that,
and the judge bought that I was
344
00:20:16,020 --> 00:20:17,020
responsible.
345
00:20:17,649 --> 00:20:21,130
One day I hope I can prove it. And then
there's the matter of Daniel Morales.
346
00:20:21,330 --> 00:20:24,610
You and he had a bit of a contretemps.
I'm sure you've heard the events
347
00:20:24,610 --> 00:20:28,230
recounted by Mr. Morales. I would offer
up a somewhat different interpretation.
348
00:20:28,870 --> 00:20:32,630
Both our clients were on trial for armed
robbery and murder. He represented
349
00:20:32,630 --> 00:20:36,920
his... I represented mine. He claims
that you induced your client to turn
350
00:20:36,920 --> 00:20:37,859
state's evidence.
351
00:20:37,860 --> 00:20:39,440
The state induced him. They offered him
parole.
352
00:20:39,640 --> 00:20:42,080
He claims he put your client on the
stand knowing he was going to lie.
353
00:20:42,340 --> 00:20:44,980
I didn't know he was going to lie. I
don't know that he did lie. Should you
354
00:20:44,980 --> 00:20:48,120
to work here, Mr. Flanagan, this is a
matter that you and Mr. Morales will
355
00:20:48,120 --> 00:20:49,120
to settle.
356
00:20:49,260 --> 00:20:51,580
Mr. Morales has thus far refused to talk
to me.
357
00:20:52,320 --> 00:20:53,820
You may want to make additional efforts.
358
00:20:57,240 --> 00:20:58,240
Mr. Carr.
359
00:20:58,460 --> 00:20:59,520
Call me Buzz.
360
00:21:00,400 --> 00:21:01,400
Buzz.
361
00:21:01,830 --> 00:21:05,790
Are you aware that since the beginning
of this study, the Golden Pines
362
00:21:05,790 --> 00:21:10,610
have lodged 15 complaints against you
and your co -defendant? From those
363
00:21:10,610 --> 00:21:11,830
the patch, no doubt.
364
00:21:12,330 --> 00:21:15,950
Some of these complaints were from
women. I haven't had any complaints.
365
00:21:16,170 --> 00:21:17,290
Have you, Dwight? Nope.
366
00:21:17,970 --> 00:21:20,070
But I have had a few marriage proposals.
367
00:21:20,650 --> 00:21:22,310
Mr. Carr, is that your signature?
368
00:21:23,170 --> 00:21:27,250
Yes, yes, that looks like it. That would
indicate your familiarity with the
369
00:21:27,250 --> 00:21:28,970
bylaws of the community in which you
live.
370
00:21:30,570 --> 00:21:33,270
Do I give her that? Just tell her the
truth, Buzz.
371
00:21:33,510 --> 00:21:34,510
All right.
372
00:21:34,530 --> 00:21:37,170
Yes, I am familiar with the bylaws.
373
00:21:37,430 --> 00:21:39,930
On October 10th, 1993...
374
00:21:40,880 --> 00:21:46,120
Did not you and your two friends here
take over a square dance class and
375
00:21:46,120 --> 00:21:52,520
to lead your female partners in the
lombada? Oh, yes, we did. And a fine
376
00:21:52,520 --> 00:21:53,520
it was, too.
377
00:21:53,660 --> 00:21:56,460
And did not two of those females faint
on that occasion?
378
00:21:56,780 --> 00:21:57,419
Oh, no.
379
00:21:57,420 --> 00:22:02,540
What they did was swoon. I believe
fibrillate would be closer to the truth.
380
00:22:02,740 --> 00:22:05,700
I would ask that your client not
interject, Ms. Korshak. They interject?
381
00:22:06,080 --> 00:22:08,280
Why can't I interject? I would ask that
no one interject.
382
00:22:08,600 --> 00:22:09,600
Let me ask you something, dear.
383
00:22:10,040 --> 00:22:13,600
Don't you think we should be able to
decide for ourselves what kind of
384
00:22:13,600 --> 00:22:19,120
recreational activities we can engage in
without being dictated to? Mr. Croft.
385
00:22:19,180 --> 00:22:24,200
Unless, of course, a Max such as
yourself were interested in doing the
386
00:22:24,200 --> 00:22:25,200
dictating.
387
00:22:25,850 --> 00:22:30,470
This is utterly depraved. Fair is the
sanctimony, Mr. Overvault. No kidding.
388
00:22:30,470 --> 00:22:35,590
we were in our 30s or 40s or 50s, it
wouldn't be depraved. There are rules
389
00:22:35,590 --> 00:22:40,170
govern conduct in our community. Well,
to hell with your rules. We're not
390
00:22:40,170 --> 00:22:41,810
in a ding -dang gulag.
391
00:22:42,030 --> 00:22:46,750
We're living in the U .S. of A. The fact
is there are rules, and these rules are
392
00:22:46,750 --> 00:22:48,230
legal and enforceable.
393
00:22:48,570 --> 00:22:54,110
And notwithstanding the fact that you
are three very attractive men with...
394
00:22:55,280 --> 00:22:56,280
testosterone surging.
395
00:22:57,020 --> 00:23:00,360
In the end, your options are to adjust
or move.
396
00:23:00,640 --> 00:23:02,000
You are wicked.
397
00:23:02,200 --> 00:23:03,920
Clearly, we have a difference of
opinion.
398
00:23:04,140 --> 00:23:06,520
It's also quite impossible for us to
move.
399
00:23:06,720 --> 00:23:07,519
Why is that?
400
00:23:07,520 --> 00:23:11,760
Because you've got all our money tied
up, you little squint. Between your
401
00:23:11,760 --> 00:23:16,180
entrance fees and your rent, we can't
afford to move. Yeah, and if it weren't
402
00:23:16,180 --> 00:23:19,220
for what we make selling patches, we
could hardly get by.
403
00:23:23,920 --> 00:23:26,060
You have been selling patches?
404
00:23:26,360 --> 00:23:28,260
I believe that's a felony, Douglas.
405
00:23:28,960 --> 00:23:31,480
I'll need some time to confer with my
clients.
406
00:23:31,800 --> 00:23:35,260
Take all the time you want. As far as
I'm concerned, this deposition is over.
407
00:23:35,940 --> 00:23:38,400
I'll be in front of a judge tomorrow
seeking an injunction.
408
00:23:38,740 --> 00:23:39,740
Good day, gentlemen.
409
00:23:40,580 --> 00:23:41,680
Drug traffickers.
410
00:23:44,600 --> 00:23:48,980
And to think that at one time I had
hoped to make you, Dwight, the master of
411
00:23:48,980 --> 00:23:50,560
ceremonies at our pageant.
412
00:23:53,550 --> 00:23:56,910
How does a prisoner wind up in the
security housing unit at China Lake,
413
00:23:56,990 --> 00:23:59,550
He proves himself to be unmanageable at
other prisons.
414
00:23:59,970 --> 00:24:01,930
Characteristically, how would he do
that? He'd kill someone.
415
00:24:02,270 --> 00:24:03,370
He'd traffic in drugs.
416
00:24:03,750 --> 00:24:06,090
He'd make himself a threat to the rest
of the prison population.
417
00:24:06,730 --> 00:24:12,390
The security housing unit at China Lake
employs technology and prison design not
418
00:24:12,390 --> 00:24:13,890
found in other prisons. Is that right?
419
00:24:14,110 --> 00:24:17,250
Yes. And what, to your mind, is the
effect of that? The most significant
420
00:24:17,250 --> 00:24:20,590
is that not a single prisoner or guard
has been killed since the unit's been in
421
00:24:20,590 --> 00:24:22,870
operation. Why is it necessary...
422
00:24:23,180 --> 00:24:25,380
To isolate these men. To protect them.
423
00:24:25,940 --> 00:24:29,020
These men have demonstrated that they
can't function in a group environment.
424
00:24:29,360 --> 00:24:33,260
Do you acknowledge that some prisoners
may be psychologically damaged by the
425
00:24:33,260 --> 00:24:37,320
conditions in the SHU? I would argue
that most prisoners are psychologically
426
00:24:37,320 --> 00:24:39,680
damaged in one form or another to begin
with.
427
00:24:40,360 --> 00:24:44,860
I will acknowledge that it's not
particularly pleasant to be incarcerated
428
00:24:44,860 --> 00:24:48,700
SHU, but I'd also argue that there's no
one there who doesn't deserve to be
429
00:24:48,700 --> 00:24:50,520
there. I have no further questions.
430
00:24:52,940 --> 00:24:57,280
It's fair to say, is it not, warden,
that you've pretty much abandoned any
431
00:24:57,280 --> 00:25:01,020
pretense of providing a means of
rehabilitation for these men, yet?
432
00:25:01,580 --> 00:25:05,320
Rehabilitation requires a certain
minimal level of cooperation on the part
433
00:25:05,320 --> 00:25:06,279
the prisoner.
434
00:25:06,280 --> 00:25:10,480
These men thus far have not demonstrated
that. And according to you, the nature
435
00:25:10,480 --> 00:25:14,240
of the operation at the FHU is dictated
by what they have demonstrated?
436
00:25:14,540 --> 00:25:17,720
That's right. All right, prisoners are
allowed in the yard for 90 minutes a
437
00:25:17,780 --> 00:25:18,379
is that right?
438
00:25:18,380 --> 00:25:21,810
Yes. Are there recreational activities
of any kind available to them in the
439
00:25:21,810 --> 00:25:25,250
yard? I don't know what constitutes a
recreational activity to your mind.
440
00:25:25,450 --> 00:25:27,590
Are there weights in the yard? No. Why
aren't there weights?
441
00:25:27,790 --> 00:25:28,810
Weights can be made into weapons.
442
00:25:29,210 --> 00:25:33,430
Is there basketball or handball in the
yard? No, there isn't. Why isn't there?
443
00:25:33,550 --> 00:25:34,930
They can also be made into weapons.
444
00:25:35,190 --> 00:25:38,490
And if you doubt that, I suggest you
talk to your client. I'm sure he'd tell
445
00:25:38,490 --> 00:25:41,270
exactly how he'd do it. Objection. I ask
that the latter part of the witness's
446
00:25:41,270 --> 00:25:42,810
response be stricken. So stricken.
447
00:25:43,190 --> 00:25:44,190
Warden.
448
00:25:44,439 --> 00:25:48,760
Isn't the mental deterioration of
prisoners the express purpose of the SHU
449
00:25:48,760 --> 00:25:52,040
China Lake? No, it is not. You do
understand it to be the inevitable and
450
00:25:52,040 --> 00:25:55,580
proximate result of incarceration there,
though, do you not? I understand no
451
00:25:55,580 --> 00:25:58,380
such thing. Isn't this prison designed
for one thing only, sir?
452
00:25:58,880 --> 00:26:02,640
Isn't it to make it as easy as possible
for you to store these men?
453
00:26:02,860 --> 00:26:05,640
I've worked in the prison system for 19
years, Mr. Rollins.
454
00:26:06,140 --> 00:26:09,520
There wasn't a single day in all that
time that I would call what I did easy.
455
00:26:10,240 --> 00:26:14,080
When I was a guard, I took it as a
personal failure to have a prisoner die
456
00:26:14,080 --> 00:26:18,620
watch. I felt it was my responsibility
to see to it that prisoners stayed alive
457
00:26:18,620 --> 00:26:20,480
for the entire length of their sentence.
458
00:26:21,440 --> 00:26:22,700
I still feel that way.
459
00:26:23,920 --> 00:26:25,600
Now I don't fail nearly as often.
460
00:26:34,320 --> 00:26:34,859
All right, Ms.
461
00:26:34,860 --> 00:26:36,520
Korshak, I've read your motion.
462
00:26:36,720 --> 00:26:37,880
You have something to add?
463
00:26:38,100 --> 00:26:42,900
Your Honor, in addition to the
disruptive incidents referred to in my
464
00:26:42,900 --> 00:26:46,540
have reason to believe the defendants
have been peddling these testosterone
465
00:26:46,540 --> 00:26:51,080
patches to other residents of Golden
Pines. We ask the court to enjoin this
466
00:26:51,080 --> 00:26:55,180
study immediately to cut off
distribution of this illicit
467
00:26:55,780 --> 00:26:59,320
Your Honor, there's absolutely no
evidence of any trafficking.
468
00:26:59,840 --> 00:27:03,540
And joining the study would be a drastic
overreaction and grossly unfair to my
469
00:27:03,540 --> 00:27:07,520
clients. These patches constitute
controlled substances, Your Honor.
470
00:27:07,520 --> 00:27:11,060
wreaking havoc on the community, and we
have no idea what the long -range side
471
00:27:11,060 --> 00:27:15,680
effects are. I'm 82 years old, Missy.
How long -range should I be concerned
472
00:27:15,680 --> 00:27:18,320
about? That's quite enough, Mr.
Nordhoff.
473
00:27:18,520 --> 00:27:20,020
Can I say something, Judge?
474
00:27:20,240 --> 00:27:21,139
Go ahead.
475
00:27:21,140 --> 00:27:25,440
Yeah, well, before we got our patches,
Harold, Dwight, and I were just three
476
00:27:25,440 --> 00:27:28,080
lonely old men sitting around waiting to
die.
477
00:27:28,480 --> 00:27:33,620
Yeah. The patch opened our eyes. It
restored us. It made our lives less
478
00:27:33,620 --> 00:27:35,960
lonesome. We're begging you, Judge.
479
00:27:36,280 --> 00:27:41,440
Take away our Motrin. Take away our
Digitalis. Even our milk of Magnesia.
480
00:27:41,440 --> 00:27:45,600
for God's sakes, do not take away our
patches.
481
00:27:45,860 --> 00:27:50,920
If you men are trafficking in a
controlled substance, you can and will
482
00:27:50,920 --> 00:27:56,180
prosecuted. Since there is no evidence
of such activity, I deny plaintiff's
483
00:27:56,180 --> 00:27:57,400
motion to enjoin the study.
484
00:27:57,840 --> 00:28:00,200
The eviction notice will continue as
scheduled.
485
00:28:00,520 --> 00:28:02,260
We stand adjourned. Very well, sir.
486
00:28:05,820 --> 00:28:09,540
Your Honor, the defense calls Elizabeth
Rowe.
487
00:28:14,000 --> 00:28:17,340
Objection, Your Honor. The testimony of
this witness is wholly irrelevant.
488
00:28:17,680 --> 00:28:21,140
What is this witness here to testify to,
Mr. Clayton? Your Honor, Miss Rowe
489
00:28:21,140 --> 00:28:23,360
witnessed the killing of her father at
the hands of Mr.
490
00:28:23,560 --> 00:28:28,280
Padraic. 19 years ago. She's flown here
at her own expense to testify to the
491
00:28:28,280 --> 00:28:29,480
nature of that crime.
492
00:28:29,680 --> 00:28:34,240
Testimony about a crime committed prior
to Mr. Padret's confinement is
493
00:28:34,240 --> 00:28:35,860
irrelevant. Objection sustained.
494
00:28:36,400 --> 00:28:37,400
Call your next witness.
495
00:28:37,480 --> 00:28:40,060
The defense calls Roland Prince.
496
00:28:41,120 --> 00:28:42,120
Objection.
497
00:28:42,860 --> 00:28:45,060
The testimony of this witness is wholly
irrelevant.
498
00:28:45,360 --> 00:28:49,520
Is Mr. Prince also here to testify to
events prior to Mr. Padret's
499
00:28:49,520 --> 00:28:51,040
incarceration? Yes, Your Honor.
500
00:28:51,280 --> 00:28:52,320
His sister.
501
00:28:52,960 --> 00:28:54,100
Was killed by Mr.
502
00:28:54,300 --> 00:28:56,680
Padret. Objection is sustained.
503
00:28:57,020 --> 00:28:58,020
Call your next witness.
504
00:28:58,260 --> 00:29:00,540
The defense calls Dorothy White.
505
00:29:01,180 --> 00:29:02,320
Objection irrelevant.
506
00:29:02,720 --> 00:29:03,639
Mr. Clay.
507
00:29:03,640 --> 00:29:06,020
She was assaulted by Mr.
508
00:29:06,340 --> 00:29:08,660
Padret. Objection sustained.
509
00:29:09,000 --> 00:29:10,580
Call your next witness.
510
00:29:10,960 --> 00:29:13,340
The defense calls Trent Ma.
511
00:29:13,840 --> 00:29:15,140
Objection irrelevant.
512
00:29:15,740 --> 00:29:17,680
Counsel will approach the bench.
513
00:29:24,720 --> 00:29:28,900
Are your remaining witnesses crime
victims, Mr. Clay? Yes, Your Honor.
514
00:29:28,900 --> 00:29:33,000
here to testify to the nature of crimes
committed by Mr. Patrick and other men
515
00:29:33,000 --> 00:29:34,400
who are now being held... Okay.
516
00:29:35,540 --> 00:29:37,920
What you're doing is grandstanding.
517
00:29:38,160 --> 00:29:39,240
I'm not impressed.
518
00:29:39,600 --> 00:29:44,500
It does not help your case. The
testimony of all of these witnesses is
519
00:29:44,500 --> 00:29:46,480
inadmissible and irrelevant.
520
00:29:47,000 --> 00:29:51,340
What you have done is waste the time of
this court and the time and the money of
521
00:29:51,340 --> 00:29:52,620
these people who showed up here.
522
00:29:52,970 --> 00:29:56,190
I submit that you owe all of them an
apology.
523
00:29:57,450 --> 00:29:58,450
Step back.
524
00:30:04,650 --> 00:30:08,910
Well, Inez, we know something about you
from your resume, but perhaps it would
525
00:30:08,910 --> 00:30:12,010
be best if you told us yourself about
the kind of work you've been doing.
526
00:30:13,790 --> 00:30:17,890
I've been working in a storefront legal
clinic in East L .A. I've done mostly
527
00:30:17,890 --> 00:30:20,010
immigration, landlord -tenant, and
criminal.
528
00:30:20,890 --> 00:30:22,070
Primarily, I'm a trial lawyer.
529
00:30:23,699 --> 00:30:25,800
You've handled some pretty major
appeals.
530
00:30:26,020 --> 00:30:27,020
Yes, I have.
531
00:30:27,560 --> 00:30:28,600
How come you're leaving?
532
00:30:28,860 --> 00:30:32,520
We had a rough year last year. Our
budget was cut. They closed our office
533
00:30:32,740 --> 00:30:35,620
How do you feel about doing types of law
other than what you've been doing?
534
00:30:35,860 --> 00:30:39,360
I feel good about it. It's one of the
reasons I want to work in a firm like
535
00:30:39,360 --> 00:30:41,300
this, is that I hope to try other types
of cases.
536
00:30:41,620 --> 00:30:43,140
You see yourself as a trial lawyer?
537
00:30:44,040 --> 00:30:47,960
Yes. Are you prepared to serve second
chair while another lawyer tries the
538
00:30:48,300 --> 00:30:51,860
Absolutely. Are you prepared to spend
the vast majority of your time doing
539
00:30:51,860 --> 00:30:53,700
that has no political significance
whatsoever?
540
00:30:54,300 --> 00:30:55,400
That's an odd question.
541
00:30:55,680 --> 00:30:59,240
Well, it's not an odd question at all.
You worked in the legal clinic at East L
542
00:30:59,240 --> 00:31:02,940
.A. I'm sure you derived a great deal of
professional gratification from
543
00:31:02,940 --> 00:31:07,280
handling cases that were in concert with
your political beliefs. You weren't
544
00:31:07,280 --> 00:31:08,280
doing it for the money.
545
00:31:08,540 --> 00:31:12,940
My question is, how happy would you be
here? I think I could be very happy
546
00:31:13,020 --> 00:31:14,020
Mr. Brackman.
547
00:31:14,540 --> 00:31:18,400
I'm interested in acquiring a certain
credibility as an attorney that
548
00:31:18,400 --> 00:31:20,200
I feel myself to be lacking.
549
00:31:20,780 --> 00:31:23,540
I'd be making considerably more money
than I'm used to making.
550
00:31:24,400 --> 00:31:28,580
And I also know something about this
firm from Daniel Morales. I know the
551
00:31:28,580 --> 00:31:29,660
of cases you take on.
552
00:31:29,900 --> 00:31:31,680
I think I know the kind of people you
are.
553
00:31:32,020 --> 00:31:34,040
This is where I want to work.
554
00:31:35,080 --> 00:31:36,080
Fair enough.
555
00:31:36,780 --> 00:31:40,460
The Eighth Amendment to the United
States Constitution says that cruel and
556
00:31:40,460 --> 00:31:44,940
unusual punishment shall not be
inflicted. It codifies what we very much
557
00:31:44,940 --> 00:31:47,200
believe about ourselves, that we have
evolved.
558
00:31:47,560 --> 00:31:52,120
That no matter how much we may revile an
individual, no matter how heinous may
559
00:31:52,120 --> 00:31:54,600
be their crime, we don't torture them.
560
00:31:55,180 --> 00:32:00,120
We don't use the rack or the whip or the
thumbscrew. We as a society have come
561
00:32:00,120 --> 00:32:03,900
to believe those devices to be immoral.
And so our Constitution makes them
562
00:32:03,900 --> 00:32:04,900
illegal.
563
00:32:05,440 --> 00:32:09,260
Your Honor, the use of psychological
torture as found in the security housing
564
00:32:09,260 --> 00:32:12,520
unit at China Lake is no less immoral
and no less illegal.
565
00:32:13,100 --> 00:32:18,220
You have heard uncontroverted expert
testimony that 30 % of the prisoners
566
00:32:18,220 --> 00:32:19,700
are clinically psychotic.
567
00:32:20,780 --> 00:32:24,600
You've also heard expert testimony that
what brought about this mass psychosis
568
00:32:24,600 --> 00:32:27,740
is the conditions at the prison.
569
00:32:29,420 --> 00:32:33,660
Now, assuming that those conditions
don't evoke a sense of moral outrage,
570
00:32:33,660 --> 00:32:34,680
are still practical considerations.
571
00:32:35,300 --> 00:32:39,740
Most of the men at the SHU will one day
finish their sentences, and when they
572
00:32:39,740 --> 00:32:43,280
do, we as a society will have to deal
with them.
573
00:32:43,480 --> 00:32:48,200
We will either maintain them in
psychiatric hospitals or we'll put them
574
00:32:48,200 --> 00:32:49,199
the streets.
575
00:32:49,200 --> 00:32:54,100
And we will soon find out what this
latest prison technology has made them
576
00:32:54,660 --> 00:32:55,820
Your Honor, I'm...
577
00:32:56,200 --> 00:33:00,700
asking the court to declare the
conditions and procedures at the China
578
00:33:00,700 --> 00:33:05,400
Prison Security Housing Unit cruel and
unusual punishment.
579
00:33:06,460 --> 00:33:09,740
I would ask the court to shut it down.
580
00:33:15,340 --> 00:33:17,880
Your Honor, China Lake is a success.
581
00:33:19,260 --> 00:33:23,220
Tom Padret and the other inmates in the
Security Housing Unit there
582
00:33:24,110 --> 00:33:29,490
have demonstrated their inability to
live in the society of other men, even
583
00:33:29,490 --> 00:33:32,570
the controlled environment of a maximum
security prison.
584
00:33:34,430 --> 00:33:36,350
Attempts to rehabilitate them have
failed.
585
00:33:36,570 --> 00:33:41,450
They are the most violent, most
dangerous, most incorrigible inmates in
586
00:33:41,450 --> 00:33:46,690
entire prison system. And somehow, the
prison system must deal with them.
587
00:33:47,950 --> 00:33:53,230
China Lake offers the safest, best, most
economically feasible solution.
588
00:33:53,880 --> 00:33:55,520
Now, is there psychological damage?
589
00:33:57,140 --> 00:33:58,260
No doubt there is.
590
00:33:58,560 --> 00:33:59,820
It comes with the territory.
591
00:34:01,280 --> 00:34:03,320
Commit heinous crimes on the street.
592
00:34:04,380 --> 00:34:06,800
Continue committing heinous crimes in
prison.
593
00:34:07,420 --> 00:34:13,440
And we will do that which is necessary
to counteract your ability to commit
594
00:34:13,440 --> 00:34:14,440
crime.
595
00:34:15,420 --> 00:34:17,380
We will put you in a place like this.
596
00:34:19,840 --> 00:34:21,540
And we will be safe from you.
597
00:34:26,190 --> 00:34:27,190
I'll be right back.
598
00:34:29,389 --> 00:34:32,370
Come on, just wait a second.
599
00:34:32,590 --> 00:34:33,790
Not a minute too soon.
600
00:34:34,810 --> 00:34:38,409
Officer, I'm the attorney for these men.
Please advise me as to what's going on.
601
00:34:38,530 --> 00:34:42,449
It's been alleged that these gentlemen
have been selling a controlled
602
00:34:42,810 --> 00:34:44,650
Counselor, we have no choice but to
bring them in.
603
00:34:44,909 --> 00:34:47,210
Who alleged this? Monroe. Who else?
604
00:34:47,510 --> 00:34:50,550
Research the units of several other
residents here. We found testosterone
605
00:34:50,550 --> 00:34:53,870
patches. Requesting the resident, they
said they purchased it from these
606
00:34:53,870 --> 00:34:55,670
gentlemen here. They ratted us out.
607
00:34:55,969 --> 00:34:59,750
Please put your hands behind your back,
sir. I have to handcuff you. Come on.
608
00:34:59,810 --> 00:35:00,810
Wait.
609
00:35:01,150 --> 00:35:04,930
Those patches don't contain
testosterone.
610
00:35:05,610 --> 00:35:10,030
What? Who are you? I'm Dr. Kendall
Graff. I'm conducting the clinical
611
00:35:10,870 --> 00:35:17,430
Those patches are placebos. What do you
mean, placebos? Every clinical trial
612
00:35:17,430 --> 00:35:18,930
has a control group.
613
00:35:19,340 --> 00:35:23,820
In this trial, you're it. You mean we
haven't been getting the real thing?
614
00:35:24,060 --> 00:35:25,740
We'll need a statement to that effect,
Doctor.
615
00:35:25,940 --> 00:35:28,620
I'll give you a statement. I also have
full documentation.
616
00:35:28,940 --> 00:35:35,880
Well, what about, you know... The mind
can be a powerful aphrodisiac, Mr. Carr.
617
00:35:39,260 --> 00:35:43,300
I'll talk to Lorraine Korshak. We'll see
what effect this has on the eviction
618
00:35:43,300 --> 00:35:45,340
proceedings. Well, shoot.
619
00:35:46,030 --> 00:35:47,029
Where are you going?
620
00:35:47,030 --> 00:35:48,370
I'm going to go lay down.
621
00:35:48,590 --> 00:35:49,990
I think I'll do the same.
622
00:35:50,690 --> 00:35:51,770
Come on, Dwight.
623
00:35:52,410 --> 00:35:53,410
Where are you going?
624
00:36:03,770 --> 00:36:05,490
Two minutes, that's all I'm asking.
625
00:36:06,050 --> 00:36:07,050
What do you want?
626
00:36:07,750 --> 00:36:11,590
I want to see if I can clear the air.
Man, we have nothing to talk about.
627
00:36:11,630 --> 00:36:13,230
with all due respect, I don't think
that's right.
628
00:36:13,930 --> 00:36:15,270
You're going to tell me what's right?
629
00:36:15,670 --> 00:36:19,270
No. What I would ask, though, is that
you at least consider the possibility
630
00:36:19,270 --> 00:36:20,310
I didn't do what you think I did.
631
00:36:20,590 --> 00:36:25,350
Patrick, I have a client doing 20 to
life in a maximum security prison
632
00:36:25,350 --> 00:36:27,130
your client lied on the witness stand.
633
00:36:27,450 --> 00:36:28,810
What, are you saying your client was
innocent?
634
00:36:29,030 --> 00:36:31,970
I'm saying he never would have been
convicted of felony murder if it hadn't
635
00:36:31,970 --> 00:36:33,070
for that particular testimony.
636
00:36:33,490 --> 00:36:34,490
I don't see it that way.
637
00:36:34,650 --> 00:36:37,150
Like I said, we have nothing to talk
about.
638
00:36:37,390 --> 00:36:38,530
So what do you propose we do?
639
00:36:38,750 --> 00:36:41,150
I propose we stay as far away from each
other as possible.
640
00:36:41,430 --> 00:36:43,850
Well, that may be a problem if I come to
work here.
641
00:36:44,310 --> 00:36:47,290
Yeah. Well, we'll cross that bridge when
we come to it.
642
00:36:49,110 --> 00:36:52,170
Tell me something. Do your partners know
how you feel?
643
00:36:52,410 --> 00:36:53,750
Oh, yes, they do.
644
00:36:54,350 --> 00:36:56,190
It's a little surprising I'm still being
considered.
645
00:37:02,370 --> 00:37:03,910
All right, I'm coming.
646
00:37:04,350 --> 00:37:08,770
Whatever we're here to do, let's do it
quick. I've got a six -bar schedule for
647
00:37:08,770 --> 00:37:11,610
.30. They faxed over the terms of the
agreement.
648
00:37:12,370 --> 00:37:13,570
They'll be here any minute.
649
00:37:14,160 --> 00:37:17,160
And we need to discuss this. Dwight,
have a seat, please.
650
00:37:17,440 --> 00:37:22,920
Thank you. I strongly advise against you
signing this. Well, we are going to
651
00:37:22,920 --> 00:37:26,940
sign it, Doug. Let me tell you what's
here. In exchange for them dropping the
652
00:37:26,940 --> 00:37:30,460
eviction proceedings, you agree to no
parties without written permission from
653
00:37:30,460 --> 00:37:36,000
the management, no music after 9 p .m.,
no tight jeans, no spandex bicycle
654
00:37:36,000 --> 00:37:39,420
shorts, no cruising in electric golf
carts. Douglas.
655
00:37:40,300 --> 00:37:43,760
It doesn't make any difference. Let's
sign the paper and be done with this.
656
00:37:44,080 --> 00:37:47,460
Guys, we can go to court and win.
657
00:37:48,040 --> 00:37:52,240
They have no right to impose these rules
on you. We don't want to make waves.
658
00:37:52,360 --> 00:37:54,600
They want things to be quiet. Let them
be quiet.
659
00:37:58,220 --> 00:37:59,560
Explain something to me.
660
00:37:59,760 --> 00:38:03,360
You find out that you've been getting a
placebo, and suddenly you want to fold
661
00:38:03,360 --> 00:38:05,680
your hands and file in like good little
boys?
662
00:38:06,860 --> 00:38:09,760
What's the story? The story is...
663
00:38:10,470 --> 00:38:14,610
Rude. You were old yesterday. You were
old the day before yesterday. You were
664
00:38:14,610 --> 00:38:18,950
also studs. We were under the illusion
that we were receiving medication.
665
00:38:19,250 --> 00:38:20,610
You don't need the medication.
666
00:38:20,890 --> 00:38:24,770
You had the desire to be a bunch of
sharpsters, and that's what you were.
667
00:38:24,770 --> 00:38:28,390
didn't want to be physically decrepit,
and you weren't. The fact that those
668
00:38:28,390 --> 00:38:31,110
patches were placebos is good news,
boys.
669
00:38:31,430 --> 00:38:34,130
It means that you can go back to being
studs.
670
00:38:34,910 --> 00:38:35,910
Good morning.
671
00:38:37,110 --> 00:38:39,130
I assume you received the documents?
672
00:38:40,120 --> 00:38:41,120
Yes, I have.
673
00:38:41,140 --> 00:38:43,260
Good. And are they acceptable?
674
00:38:43,500 --> 00:38:45,040
Not as far as I'm concerned, they're
not.
675
00:38:45,260 --> 00:38:46,920
Are they acceptable to your clients?
676
00:38:48,280 --> 00:38:49,420
You'll have to ask them.
677
00:38:49,680 --> 00:38:52,480
Okay. Gentlemen, what'll it be?
678
00:38:58,640 --> 00:38:59,640
How?
679
00:39:00,560 --> 00:39:04,180
Well, as a matter of fact, I do have a
question.
680
00:39:04,800 --> 00:39:09,180
That rule that says we've got to have
written permission before we can have a
681
00:39:09,180 --> 00:39:10,180
party.
682
00:39:10,810 --> 00:39:12,470
What constitutes a party?
683
00:39:12,690 --> 00:39:18,270
I think you can assume standard usage of
the word. So if, for instance, I were
684
00:39:18,270 --> 00:39:24,370
to meet, let's say, a woman like you,
and I struck up a conversation, and one
685
00:39:24,370 --> 00:39:29,590
thing led to another, and you came back
to my place, and I put on my Charlie
686
00:39:29,590 --> 00:39:33,630
Rich records, and we had a couple of
drinks, and after a while you turned to
687
00:39:33,630 --> 00:39:34,630
and said...
688
00:39:34,670 --> 00:39:39,850
Charlie Rich or no Charlie Rich, you're
the silver fox as far as I'm concerned,
689
00:39:39,990 --> 00:39:42,270
and the patients took a hold of us.
690
00:39:43,250 --> 00:39:45,250
Would that constitute a party?
691
00:39:45,950 --> 00:39:47,910
That would not be acceptable behavior.
692
00:39:48,390 --> 00:39:50,230
Then to hell with it. That's right.
693
00:39:50,890 --> 00:39:56,090
Douglas, you do whatever you have to do.
And I say we go to court. Fine. You are
694
00:39:56,090 --> 00:39:59,530
willing to go to court over this? In a
right hot minute.
695
00:40:01,890 --> 00:40:03,490
It's horrifying to consider.
696
00:40:04,000 --> 00:40:08,300
that an institution whose highest aim is
the rehabilitation of men could
697
00:40:08,300 --> 00:40:13,740
actually be subjecting some of those
same men to conditions that drive them
698
00:40:13,740 --> 00:40:14,740
insane.
699
00:40:16,520 --> 00:40:20,860
What's even more horrifying is the
thought that those conditions may be
700
00:40:20,860 --> 00:40:26,520
necessary to save lives and to allow
that institution to survive.
701
00:40:28,170 --> 00:40:32,390
From the evidence presented, it's quite
clear to me that many of the inmates at
702
00:40:32,390 --> 00:40:37,590
China Lake are psychologically being
harmed by the prison. It's equally clear
703
00:40:37,590 --> 00:40:41,090
that the prison system has legitimate
security needs.
704
00:40:41,510 --> 00:40:46,730
And to meet those needs, it may be
necessary to place Tom Padret and men
705
00:40:46,730 --> 00:40:47,730
him in isolation.
706
00:40:48,110 --> 00:40:52,470
There's nothing in our Constitution that
prohibits a special unit for the
707
00:40:52,470 --> 00:40:54,690
dangerous, incorrigible offender.
708
00:40:54,950 --> 00:40:57,310
And therefore, I deny the plaintiff's
petition.
709
00:40:58,080 --> 00:40:59,460
Find a favor of the defendant.
710
00:40:59,780 --> 00:41:00,780
This court's adjourned.
711
00:41:06,920 --> 00:41:07,920
Tom, what appeal?
712
00:41:09,780 --> 00:41:11,020
I don't think so, Jonathan.
713
00:41:11,760 --> 00:41:16,220
Just give me a minute, please. Tom, Tom,
it's not costing you anything.
714
00:41:16,840 --> 00:41:18,820
You're in prison. Let me just work on
the appeal.
715
00:41:19,060 --> 00:41:23,680
By the time you're ready to go back into
court again, I'll be as crazy as arrest
716
00:41:23,680 --> 00:41:24,680
him.
717
00:41:40,140 --> 00:41:41,480
Hold the elevator, please. Yeah.
718
00:41:48,040 --> 00:41:48,400
What
719
00:41:48,400 --> 00:41:56,120
are
720
00:41:56,120 --> 00:41:57,058
you doing?
721
00:41:57,060 --> 00:41:58,100
We want to say something.
722
00:41:59,640 --> 00:42:02,240
This isn't the way to do that. This is
the way we're doing it.
723
00:42:05,260 --> 00:42:08,440
Okay, what do you want to say? We want
you to hear from us the kind of man you
724
00:42:08,440 --> 00:42:11,420
represent. I don't make any apologies
for the kind of man you are. He killed
725
00:42:11,420 --> 00:42:15,600
father in front of me. He killed my
sister because he wanted her car.
726
00:42:16,020 --> 00:42:19,340
If you appeal this case, we'll be right
there in the courtroom.
727
00:42:19,680 --> 00:42:21,360
Whether we're allowed to testify or not.
728
00:42:21,580 --> 00:42:27,340
Any attempt to restore to this man any
freedom at all, we'll be there and we'll
729
00:42:27,340 --> 00:42:28,340
bear witness.
730
00:42:39,340 --> 00:42:42,640
This shouldn't take very long. We just
need to put the two candidates to a
731
00:42:43,100 --> 00:42:44,980
Before we do that, I'd like to say
something.
732
00:42:45,220 --> 00:42:46,078
By all means.
733
00:42:46,080 --> 00:42:49,420
I think Ines Garcia would make a great
addition to this firm.
734
00:42:50,040 --> 00:42:53,600
She's smart, she's principled, she's got
all kinds of trial experience.
735
00:42:54,000 --> 00:42:57,000
Plus, I've known her since she was a
kid, and I can vouch for her character.
736
00:42:58,380 --> 00:43:03,880
That said, I would urge you, whether or
not you vote to hire Ines, not to hire
737
00:43:03,880 --> 00:43:04,859
Patrick Flanagan.
738
00:43:04,860 --> 00:43:07,780
Because of what he did to you. Because
what he did to me is indicative of what
739
00:43:07,780 --> 00:43:08,618
he does.
740
00:43:08,620 --> 00:43:10,400
I'm not sure that's altogether fair.
741
00:43:10,640 --> 00:43:11,640
Check his track record.
742
00:43:11,820 --> 00:43:16,020
Plagiarism in law school, fabricating
evidence in one case, suborning perjury
743
00:43:16,020 --> 00:43:19,360
another. He would argue that there are
legitimate explanations for these
744
00:43:19,640 --> 00:43:22,760
Of course he would. Guys like that
always do. Doesn't change the fact that
745
00:43:22,760 --> 00:43:26,440
has been a pattern of treachery to his
entire life. Since I have known this
746
00:43:26,440 --> 00:43:30,540
young man for his entire life, let me
weigh in with what I think.
747
00:43:30,760 --> 00:43:35,900
Patrick did plagiarize a law review
article. He was young, he had problems,
748
00:43:35,900 --> 00:43:36,900
he did it.
749
00:43:37,100 --> 00:43:39,180
He also paid for having done it.
750
00:43:39,580 --> 00:43:41,320
He was suspended from the university.
751
00:43:42,060 --> 00:43:47,520
He took off a year, and he came back and
graduated in the top 10 % of his class.
752
00:43:47,820 --> 00:43:48,820
What about since then?
753
00:43:49,040 --> 00:43:50,040
What about since then?
754
00:43:51,020 --> 00:43:53,440
None of us can prove that he fabricated
evidence.
755
00:43:54,300 --> 00:43:57,980
And we can't prove, none of us can prove
that he's suborned perjury.
756
00:43:58,320 --> 00:44:01,960
Well, to exclude him on the basis of any
of these charges strikes me as
757
00:44:01,960 --> 00:44:03,080
manifestly unfair.
758
00:44:03,460 --> 00:44:05,040
We can only hire one of them.
759
00:44:05,280 --> 00:44:08,640
Oh, we can definitely only hire one.
Let's put it to a vote.
760
00:44:09,560 --> 00:44:10,560
Inez Garcia.
761
00:44:11,400 --> 00:44:12,400
Yes.
762
00:44:12,740 --> 00:44:13,740
I vote yes.
763
00:44:13,840 --> 00:44:16,520
I also have Jonathan Rollins' proxy. He
votes yes as well.
764
00:44:16,740 --> 00:44:17,740
I vote no.
765
00:44:18,020 --> 00:44:19,020
Also no.
766
00:44:19,060 --> 00:44:20,060
Also no.
767
00:44:21,620 --> 00:44:22,620
No.
768
00:44:24,880 --> 00:44:28,240
I don't feel comfortable voting on this.
I haven't been here long enough.
769
00:44:29,580 --> 00:44:30,580
I abstain.
770
00:44:31,360 --> 00:44:32,360
Four to three.
771
00:44:32,580 --> 00:44:33,580
Against.
772
00:44:34,190 --> 00:44:35,190
Patrick Flanagan.
773
00:44:35,310 --> 00:44:36,310
I vote yes.
774
00:44:36,610 --> 00:44:38,390
Yes. Also yes.
775
00:44:38,750 --> 00:44:39,750
Also yes.
776
00:44:40,490 --> 00:44:42,290
You're going to have to stay in this
time too, right, Eli?
777
00:44:43,810 --> 00:44:46,990
Right. You're going to fall in line
behind Leland McKenzie.
778
00:44:47,210 --> 00:44:51,050
Well, he is owed a certain amount of
deference, Daniel. He's not owed this.
779
00:44:51,330 --> 00:44:55,410
The vote's been taken. Should an
opportunity arise again, I suggest we do
780
00:44:55,410 --> 00:44:57,990
after Inez. As far as I'm concerned,
there won't be a next time.
781
00:44:58,210 --> 00:44:59,790
What does that mean? That means I quit.
782
00:45:00,090 --> 00:45:01,830
Oh, come on, Daniel. Save your breath.
783
00:45:06,380 --> 00:45:09,400
I don't want to work for a firm that
does what this friend just did.
65640
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