1 00:00:01,009 --> 00:00:05,470 Doctor, did you have occasion to examine Mr. Hicks on September 15, 1992? 2 00:00:06,010 --> 00:00:07,010 Yes, I did. 3 00:00:07,410 --> 00:00:10,390 Would you tell us what that examination revealed? 4 00:00:10,750 --> 00:00:14,390 Mr. Hicks was suffering from multiple contusions about the head and the face. 5 00:00:14,550 --> 00:00:18,590 Both his neck and his right arm were strained. What about the blood pressure, 6 00:00:18,710 --> 00:00:22,890 Mr. Hicks? Did you observe anything else, Doctor? His blood pressure was 7 00:00:22,890 --> 00:00:23,890 somewhat elevated. 8 00:00:24,070 --> 00:00:26,170 And to what did Mr. Hicks attribute his injuries? 9 00:00:26,490 --> 00:00:28,890 He said that he was beaten up by Val Bodine. 10 00:00:29,240 --> 00:00:30,660 Did he tell you how this attack occurred? 11 00:00:30,920 --> 00:00:35,620 He said that Mr. Bodine charged into the stands and attacked him. What, if any, 12 00:00:35,740 --> 00:00:38,200 were the short -term consequences of Mr. Hicks' injuries? 13 00:00:38,760 --> 00:00:42,860 Stiffness, soreness. I believe that he was out of work for about a week. 14 00:00:43,180 --> 00:00:44,980 How about two weeks, Mr. Hicks? 15 00:00:45,460 --> 00:00:50,140 What, if any, were the likely long -term consequences of Mr. Hicks' injuries? 16 00:00:50,460 --> 00:00:52,620 Some residual soreness is possible. 17 00:00:53,540 --> 00:00:55,860 Sleeplessness, nervousness, a loss of attention. 18 00:00:56,680 --> 00:00:59,560 Any and all of these things are possible long -term effects. 19 00:00:59,860 --> 00:01:01,140 Thank you. I have nothing further? 20 00:01:01,720 --> 00:01:05,580 Nothing further? Come on. Guys get this for $3 ,000, you got nothing further? 21 00:01:05,940 --> 00:01:07,400 Mr. Hicks, sit down. 22 00:01:08,200 --> 00:01:10,000 You're taking money under false pretenses. 23 00:01:10,220 --> 00:01:11,220 That's called stealing. 24 00:01:11,420 --> 00:01:14,480 Mr. Hammond, you kindly advise your client as to the manner in which he's to 25 00:01:14,480 --> 00:01:17,720 conduct himself. Hang on, Your Honor. I'm not going to take lessons in 26 00:01:17,720 --> 00:01:19,180 from some guy who's selling me down the river. 27 00:01:19,440 --> 00:01:21,960 You think I'm selling you down the river, Ed? Yes, I think you're selling 28 00:01:21,960 --> 00:01:24,540 down the river. I think you're more interested in cozying up to a big famous 29 00:01:24,540 --> 00:01:27,600 baseball star than you are with... providing me with adequate 30 00:01:28,220 --> 00:01:31,260 Your Honor, at this time, I would ask to be relieved as Mr. Hicks' counsel. 31 00:01:31,580 --> 00:01:35,140 Well, Your Honor, we have been through delay after delay after delay. I can 32 00:01:35,140 --> 00:01:37,460 assure you that's not my intention. It may not be your intention, but that is 33 00:01:37,460 --> 00:01:38,059 the effect. 34 00:01:38,060 --> 00:01:40,420 Your Honor, we are now into the baseball season. 35 00:01:40,760 --> 00:01:43,600 My client's practice has been disrupted and his performance on the field is 36 00:01:43,600 --> 00:01:44,318 being affected. 37 00:01:44,320 --> 00:01:47,340 Mr. Hicks has been through four different attorneys. Each time he gets a 38 00:01:47,340 --> 00:01:48,840 one, he buys himself another delay. 39 00:01:49,040 --> 00:01:50,500 Mr. Rawlins is absolutely right. 40 00:01:50,880 --> 00:01:53,340 Mr. Hammond, I'm not going to allow you to withdraw. 41 00:01:53,580 --> 00:01:54,980 Your Honor, I cannot effectively... 42 00:01:55,210 --> 00:01:58,270 I represent this man. Hey, Judge, how about if I represent myself? 43 00:01:58,650 --> 00:02:01,570 Mr. Hicks, do you have legal background of any kind? 44 00:02:01,810 --> 00:02:05,190 No, I do not. And you feel competent to represent yourself? 45 00:02:05,590 --> 00:02:07,310 I'm at least as competent as this idiot. 46 00:02:07,590 --> 00:02:11,470 All right, Mr. Hicks. We'll adjourn for now in order to give you an opportunity 47 00:02:11,470 --> 00:02:12,470 to prepare. 48 00:02:12,770 --> 00:02:17,890 Thank you, Your Honor. We'll resume Wednesday morning at 10 a .m., and 49 00:02:17,890 --> 00:02:19,090 prepared to proceed. 50 00:02:19,330 --> 00:02:20,330 Don't worry, Judge. 51 00:02:20,450 --> 00:02:21,450 I'll be ready. 52 00:02:21,950 --> 00:02:23,210 Hey, Mr. Rollins. 53 00:02:23,630 --> 00:02:25,010 Now we got us a game! 54 00:03:57,770 --> 00:03:58,770 Bye. 55 00:04:46,410 --> 00:04:47,410 Hey, Gwen. 56 00:04:47,910 --> 00:04:49,870 How's everything going with the bar exam, Gwen? 57 00:04:50,190 --> 00:04:53,190 Oh, it's okay. I'm taking this review course with this guy, Tony Henderson. 58 00:04:53,770 --> 00:04:58,850 I go to class every day, and I study every night. I can attest to that. Are 59 00:04:58,850 --> 00:05:00,570 taking enough time off from work? 60 00:05:00,790 --> 00:05:01,950 Yeah, I am. 61 00:05:02,250 --> 00:05:05,110 Plus, as the test gets closer, I'll be paying back more. 62 00:05:05,430 --> 00:05:09,370 Plus, most of the time that I'm here, all I'm doing is studying. Good. Don't 63 00:05:09,370 --> 00:05:12,970 shy about asking for help. Thanks. Shall we? By all means. 64 00:05:14,620 --> 00:05:19,000 Hicks versus Bodine. That's me. We are representing Val Bodine. The ball 65 00:05:19,200 --> 00:05:20,039 The ball player. 66 00:05:20,040 --> 00:05:22,500 A guy named Hicks had been heckling him for an entire season. 67 00:05:23,360 --> 00:05:26,340 Bodine went into the stands and committed battery upon his person. 68 00:05:26,560 --> 00:05:28,820 The team offered Hicks $100 ,000 to settle. 69 00:05:29,040 --> 00:05:29,939 Hicks refused. 70 00:05:29,940 --> 00:05:33,580 He wanted his day in court. He hired and fired five different lawyers, and now 71 00:05:33,580 --> 00:05:34,580 he's representing himself. 72 00:05:34,780 --> 00:05:35,780 Temporary insanity. 73 00:05:35,920 --> 00:05:37,160 No. Self -defense. 74 00:05:37,420 --> 00:05:40,500 No, all he did was yell. Plead provocation to try to mitigate the 75 00:05:40,880 --> 00:05:41,880 That's what I'm doing. 76 00:05:42,080 --> 00:05:43,080 And make sure we get some tickets. 77 00:05:43,890 --> 00:05:46,230 Done. Salter versus Sunny Hill School. 78 00:05:46,510 --> 00:05:50,550 That's mine. We represent Ben Salter. He's a second grade teacher who was 79 00:05:50,550 --> 00:05:52,530 accused of sexually molesting a student. 80 00:05:52,770 --> 00:05:55,410 A male second grade teacher? What kind of guy teaches second grade? 81 00:05:55,630 --> 00:05:58,550 We're not representing child molesters, are we, Anne? I said he was accused, 82 00:05:58,810 --> 00:06:01,330 Douglas. The charges were dropped. What's he suing for? 83 00:06:01,570 --> 00:06:05,690 The school asked that he take something called a penile plethysmograph before 84 00:06:05,690 --> 00:06:06,690 they reinstate him. 85 00:06:06,940 --> 00:06:10,840 I don't like the sound of that. What is it? It's a machine that attaches a wire 86 00:06:10,840 --> 00:06:16,300 to the male organ and measures sexual arousal. Sounds like a clockwork orange. 87 00:06:16,540 --> 00:06:20,200 He refused to do it. You're convinced there was no basis for the accusation? 88 00:06:20,200 --> 00:06:21,200 charges were dropped. 89 00:06:21,220 --> 00:06:24,560 Yeah, yeah. I understand, but that doesn't necessarily mean he didn't do 90 00:06:24,560 --> 00:06:25,560 this country, it does. 91 00:06:27,860 --> 00:06:29,060 They attach a wire? 92 00:06:30,700 --> 00:06:35,700 I keep telling myself, Gwen, there are over 100 ,000 lawyers in the state of 93 00:06:35,700 --> 00:06:39,220 California. Most of those people pass the bar without having a nervous 94 00:06:39,220 --> 00:06:41,600 breakdown. You can, too. You're going to do great. 95 00:06:42,880 --> 00:06:44,060 I don't know how I'm going to do. 96 00:06:46,280 --> 00:06:47,380 Oh, you got work to do. 97 00:06:48,000 --> 00:06:48,979 A little, yeah. 98 00:06:48,980 --> 00:06:50,860 Okay. You're going to pass the test, Gwen. 99 00:06:52,740 --> 00:06:54,400 You've been pretty distant lately, you know that? 100 00:06:56,540 --> 00:06:59,880 Nothing. It's not nothing, Daniel. It's something. Tell me what it is. 101 00:07:01,920 --> 00:07:03,160 I'm worried about my kid. 102 00:07:04,920 --> 00:07:07,940 I'm worried that she needs more of a home life with me than she's getting. 103 00:07:09,900 --> 00:07:13,280 And I'm worried that she needs more of a constant female influence. 104 00:07:15,620 --> 00:07:17,460 And I don't fit that description. 105 00:07:18,420 --> 00:07:20,240 I'm not sure you want to fit that description. 106 00:07:23,600 --> 00:07:25,660 I can't discuss this right now. I've got to study. 107 00:07:25,940 --> 00:07:26,940 Okay. 108 00:07:29,200 --> 00:07:30,240 I'll talk to you later. 109 00:07:34,060 --> 00:07:35,060 What are the exceptions? 110 00:07:35,800 --> 00:07:40,280 Unavailability of the declarant, previous testimony, statement against 111 00:07:40,560 --> 00:07:42,740 dying declaration, pedigree. 112 00:07:43,080 --> 00:07:47,180 All right, we'll go into the specifics of each tomorrow. Right now, I want to 113 00:07:47,180 --> 00:07:49,460 say something to you about this whole process. Put down your pens. 114 00:07:50,480 --> 00:07:53,520 I'm seeing the look of panic on a number of faces. 115 00:07:53,800 --> 00:07:54,840 Panic isn't helpful. 116 00:07:55,140 --> 00:07:56,620 Put down your pens. 117 00:07:57,860 --> 00:08:00,600 There's a tremendous amount of information you're going to have to 118 00:08:00,600 --> 00:08:03,000 between now and the day of the bar exam. You need to be organized. 119 00:08:03,220 --> 00:08:05,880 You need to be disciplined. You need to work your tail off. But at the end of 120 00:08:05,880 --> 00:08:08,780 the day, you need to forget about it. 121 00:08:10,120 --> 00:08:13,560 Hey, you, stop writing. Just listen. 122 00:08:13,800 --> 00:08:16,360 There are going to be questions on the test you will get wrong. It makes 123 00:08:16,360 --> 00:08:20,420 absolutely no difference if you pass by one point or by 40 points, so long as 124 00:08:20,420 --> 00:08:21,359 you pass. 125 00:08:21,360 --> 00:08:22,620 Panic will not make you pass. 126 00:08:23,360 --> 00:08:24,520 Panic will make you fail. 127 00:08:24,880 --> 00:08:25,880 Don't panic. 128 00:08:26,480 --> 00:08:27,480 Eat well. 129 00:08:27,880 --> 00:08:28,920 Have great sex. 130 00:08:29,860 --> 00:08:31,860 Get a good night's sleep. I'll see you tomorrow night. 131 00:08:36,620 --> 00:08:41,340 Hey, Joe, do you understand the parole evidence rule? All prior or contemporary 132 00:08:41,340 --> 00:08:45,140 in these negotiations are subsumed into the written agreement, assuming there is 133 00:08:45,140 --> 00:08:46,140 one. 134 00:08:46,400 --> 00:08:47,400 You want to get a beer? 135 00:08:47,540 --> 00:08:49,120 Get a beer? Do I have to study? 136 00:08:49,320 --> 00:08:53,080 I've studied enough for one day. Why is it I can never feel that way? All you 137 00:08:53,080 --> 00:08:55,760 have to do is understand what they're looking for and give it to them. 138 00:08:56,090 --> 00:08:57,670 It's a test. It's no big deal. 139 00:09:08,030 --> 00:09:11,050 I taught second grade at Sunny Hill School for six years. 140 00:09:11,290 --> 00:09:13,410 What reason was given for your dismissal? 141 00:09:13,990 --> 00:09:17,530 I refused to take a penile plethysmograph test. 142 00:09:17,790 --> 00:09:20,110 What is a penile plethysmograph test? 143 00:09:20,890 --> 00:09:25,350 They attach a metal ring to your penis and measure your response to pictures of 144 00:09:25,350 --> 00:09:26,189 naked children. 145 00:09:26,190 --> 00:09:27,770 Why were you asked to take such a test? 146 00:09:28,050 --> 00:09:30,010 I'd been accused of molesting an eight -year -old boy. 147 00:09:30,370 --> 00:09:31,249 Did you? 148 00:09:31,250 --> 00:09:32,250 No. 149 00:09:32,690 --> 00:09:35,710 How did you first learn that this accusation had been made? 150 00:09:36,030 --> 00:09:40,690 Six police officers came to the school, and in front of students and faculty, I 151 00:09:40,690 --> 00:09:41,690 was placed under arrest. 152 00:09:41,970 --> 00:09:45,290 Were you convicted of the crime of child molestation? No, I was never tried for 153 00:09:45,290 --> 00:09:48,170 the crime of child molestation. The charges were dropped for lack of 154 00:09:49,040 --> 00:09:52,840 What position did the administration at Sunny Hills School take regarding your 155 00:09:52,840 --> 00:09:56,980 employment there? Well, they said they were happy and relieved and anxious to 156 00:09:56,980 --> 00:09:58,260 have me back there teaching again. 157 00:09:58,960 --> 00:10:02,120 They said they knew right along that I was innocent, but unfortunately there 158 00:10:02,120 --> 00:10:05,600 were some lingering doubts among some of the parents, and they asked me if I 159 00:10:05,600 --> 00:10:06,860 would help put those doubts to rest. 160 00:10:07,180 --> 00:10:08,740 How did they suggest you do that? 161 00:10:09,100 --> 00:10:11,100 First, they asked me to take a lie detector test. 162 00:10:11,480 --> 00:10:12,580 Did you agree to do so? 163 00:10:12,900 --> 00:10:14,620 Yes, I did. What was the result? 164 00:10:14,940 --> 00:10:15,819 I passed. 165 00:10:15,820 --> 00:10:18,490 What? If anything, did they ask you to do next? 166 00:10:19,510 --> 00:10:21,950 They asked me to be interviewed by a psychiatrist. 167 00:10:22,350 --> 00:10:23,470 Did you agree to do that? 168 00:10:23,870 --> 00:10:26,750 Yes, I was interviewed on five separate occasions, and to the best of my 169 00:10:26,750 --> 00:10:28,090 knowledge, I was pronounced normal. 170 00:10:28,350 --> 00:10:30,890 Did that suffice for the administration of Sunny Hill School? 171 00:10:31,190 --> 00:10:36,410 No. They then asked that I take a penoplythismograph test, and when I 172 00:10:36,410 --> 00:10:37,410 was dismissed. 173 00:10:37,570 --> 00:10:38,570 Why did you refuse? 174 00:10:39,930 --> 00:10:42,930 Because enough is enough. 175 00:10:43,760 --> 00:10:46,980 At some point, I had to reclaim a little bit of dignity. 176 00:10:47,900 --> 00:10:49,640 That's what I did, and that's what I was fired for. 177 00:10:50,100 --> 00:10:51,860 Thank you. I have nothing further. 178 00:10:53,660 --> 00:10:58,140 Do you have children of your own, Mr. Salter? No, I do not. Well, if you did, 179 00:10:58,240 --> 00:11:00,720 how would you feel about them being placed in the care of a pedophile? 180 00:11:01,980 --> 00:11:03,600 I am not a pedophile. 181 00:11:03,820 --> 00:11:05,960 No, no. No, I'm not saying that you are. 182 00:11:06,560 --> 00:11:10,360 I'm asking you, how would you feel about your own child, assuming that you had 183 00:11:10,360 --> 00:11:12,480 one, being taken care of by a pedophile? 184 00:11:13,320 --> 00:11:16,540 I would not allow my child to be taken care of by a pedophile. Well, then my 185 00:11:16,540 --> 00:11:20,700 question to you, sir, is simply this. Shouldn't a school do everything it can 186 00:11:20,700 --> 00:11:21,700 stop that from happening? 187 00:11:21,900 --> 00:11:22,719 Not this. 188 00:11:22,720 --> 00:11:23,720 Why not this? 189 00:11:23,780 --> 00:11:26,760 Because I'm not a laboratory rat. That's why not. 190 00:11:27,440 --> 00:11:31,120 I'm a human being. You're a human being that was accused of being a pedophile. 191 00:11:31,260 --> 00:11:33,200 Those charges were dropped. That's right. They were dropped. 192 00:11:33,520 --> 00:11:36,040 They were never disproved. They were dropped. Objection. I thought you were 193 00:11:36,040 --> 00:11:38,660 innocent until proven guilty in this country. I thought charges had to be 194 00:11:38,660 --> 00:11:41,680 proved, not disproved. I'm curious about something. You... 195 00:11:41,930 --> 00:11:46,390 Agreed to a lie detector test. You agreed to a psychological profile. Why 196 00:11:46,390 --> 00:11:52,310 you not agree to the placismograph test? Because I wouldn't strip naked and have 197 00:11:52,310 --> 00:11:54,050 wires attached to my genitals. 198 00:11:55,330 --> 00:11:59,250 because I felt that it was my right as a citizen of this country not to be 199 00:11:59,250 --> 00:12:02,390 forced to do that? It wouldn't be because you were afraid of what might 200 00:12:02,470 --> 00:12:05,710 would it? No. It wouldn't be because you were afraid that when photographs of 201 00:12:05,710 --> 00:12:09,450 naked young boys were put in front of you, that your genitals would betray 202 00:12:09,550 --> 00:12:11,250 Objection. He's already answered the question. 203 00:12:11,550 --> 00:12:14,470 Wouldn't it be that the penis doesn't lie? Your Honor. Mr. Colquitt, you will 204 00:12:14,470 --> 00:12:16,190 stop badgering this witness. 205 00:12:17,730 --> 00:12:22,740 Sir. I have never molested a child in my life. I have never wanted to molest a 206 00:12:22,740 --> 00:12:27,300 child. Now, unless and until somebody proves that I'm lying, I don't want to 207 00:12:27,300 --> 00:12:28,300 take any more tests. 208 00:12:28,620 --> 00:12:33,900 I want my job back, I want my name back, and I want to be left alone. 209 00:12:41,640 --> 00:12:45,860 Question. Where were you on the afternoon of September 15, 1992? 210 00:12:46,740 --> 00:12:49,420 Answer. I was in the ballpark sitting in my seat. 211 00:12:50,620 --> 00:12:52,800 Question. What were you doing there? 212 00:12:53,200 --> 00:12:55,280 Answer. I was watching a ball game. 213 00:12:55,540 --> 00:12:58,980 Mr. Hicks, it's really not necessary to keep saying question and answer. 214 00:12:59,140 --> 00:13:00,140 Whatever you want, Judge. 215 00:13:01,060 --> 00:13:02,060 What was Mr. 216 00:13:02,100 --> 00:13:03,500 Bodine doing that day? 217 00:13:04,080 --> 00:13:05,460 He was playing left field. 218 00:13:06,460 --> 00:13:08,260 Did you say anything to him? 219 00:13:08,540 --> 00:13:10,560 Oh, yes, I did. What did I say? 220 00:13:11,290 --> 00:13:12,490 I said a lot of things. 221 00:13:13,030 --> 00:13:17,650 I commented on his fielding, such as it is. He'd throw rainbows. He never 222 00:13:17,650 --> 00:13:21,830 figured it out. The shortest distance between two points is a straight line. 223 00:13:22,210 --> 00:13:26,570 I commented on his propensity to swing at bad pitches, to strike out in clutch 224 00:13:26,570 --> 00:13:31,110 situations. Objection, Your Honor. Sit down. Mr. Hicks, I'll run the courtroom 225 00:13:31,110 --> 00:13:32,110 if you don't mind. 226 00:13:33,170 --> 00:13:35,290 And the objection is sustained. Mr. 227 00:13:35,510 --> 00:13:38,410 Bodine's performance isn't relevant to these proceedings. 228 00:13:41,000 --> 00:13:42,280 Did you use profanity? 229 00:13:42,740 --> 00:13:44,020 No, I did not. 230 00:13:44,260 --> 00:13:46,100 I make it a point not to. 231 00:13:46,680 --> 00:13:51,240 What did Val Bodine do upon hearing my remark, Mr. Hicks? 232 00:13:51,480 --> 00:13:54,580 Around the fifth inning, he comes charging up into the stands and assaults 233 00:13:54,800 --> 00:13:55,800 Did I fight back? 234 00:13:55,960 --> 00:14:01,340 No, I did not. Why did you not fight back, Mr. Hicks? I was overmatched in 235 00:14:01,340 --> 00:14:02,340 and strength. 236 00:14:02,430 --> 00:14:04,350 What injuries did you sustain? 237 00:14:04,890 --> 00:14:07,950 Both eyes swollen, shot a head that looked like a pumpkin? 238 00:14:08,230 --> 00:14:11,370 In that, I'm a shoe salesman. I deal with the public. I was unable to work 239 00:14:11,370 --> 00:14:12,370 some two weeks. 240 00:14:12,870 --> 00:14:18,070 I was also left a little frightened, shaken up, given the fact that my 11 241 00:14:18,070 --> 00:14:21,590 -old son had just returned from buying a hot dog. It's hard to see his father 242 00:14:21,590 --> 00:14:24,550 beaten up. I felt deeply humiliated. 243 00:14:28,210 --> 00:14:30,830 Well, I have no further questions. 244 00:14:33,260 --> 00:14:37,360 How many games had you attended in the 1992 season by September the 15th, Mr. 245 00:14:37,460 --> 00:14:39,340 Hicks? Every time there was a home game, I was there. 246 00:14:39,760 --> 00:14:43,480 Isn't it a fact, sir, that at each and every one of those games, you made 247 00:14:43,480 --> 00:14:45,560 continuous denigrating remarks to Mr. 248 00:14:45,820 --> 00:14:49,380 Bodine? I got something on my mind, I say it. You're allowed to do that in the 249 00:14:49,380 --> 00:14:51,220 .S. of A. You made remarks about his fielding. 250 00:14:51,470 --> 00:14:54,350 You made remarks about it hitting. I'm a student of the game. My observations 251 00:14:54,350 --> 00:14:57,150 happen to have some merit. But your observations weren't limited to the 252 00:14:57,210 --> 00:15:00,470 were they? In what way weren't they? Did you make remarks about the failure of a 253 00:15:00,470 --> 00:15:03,590 restaurant that Mr. Bodine had invested in? It was in all the papers. That's not 254 00:15:03,590 --> 00:15:05,110 like I'm giving away any state secrets. 255 00:15:05,430 --> 00:15:09,130 You also saw fit to harangue Mr. Bodine about a paternity suit he was involved 256 00:15:09,130 --> 00:15:12,770 in, didn't you? That paternity suit took 40 points off his batting average. 257 00:15:13,030 --> 00:15:16,630 You were somewhat fixated by Val Bodine, weren't you, Mr. Hicks? I was paying 258 00:15:16,630 --> 00:15:18,970 attention. Isn't what you did a little more than that, sir? 259 00:15:19,390 --> 00:15:23,270 Isn't what you did to have kept up a nonstop barrage of verbal abuse, 260 00:15:23,270 --> 00:15:27,350 and baiting this man until on September 15th you finally provoked him into 261 00:15:27,350 --> 00:15:28,269 making a response? 262 00:15:28,270 --> 00:15:30,210 He's wasting his God -given talent. 263 00:15:30,670 --> 00:15:35,050 That's a sin by me. Look, I followed this guy's career going back to the day 264 00:15:35,050 --> 00:15:39,570 they brought him up from the minors. I tell the whole world, this guy's it. 265 00:15:40,290 --> 00:15:43,670 This guy, he's the difference between having and hoping. 266 00:15:43,910 --> 00:15:46,250 I stood by him because I saw something in him. 267 00:15:46,750 --> 00:15:47,950 My kid liked him. 268 00:15:48,360 --> 00:15:51,540 I liked him. We picked him as our guy. 269 00:15:51,940 --> 00:15:54,320 And when he didn't live up to that, you let him know. 270 00:15:54,540 --> 00:15:58,220 This lucky bastard makes more money playing nine innings of baseball than I 271 00:15:58,220 --> 00:16:01,120 selling shoes for six months. You bet I told him. 272 00:16:04,060 --> 00:16:05,160 I don't know further questions. 273 00:16:11,660 --> 00:16:13,860 Doctor, would you tell us your field of expertise? 274 00:16:14,220 --> 00:16:17,880 I'm a psychiatrist specializing in the treatment of sexual disorders. 275 00:16:18,320 --> 00:16:22,080 Did you have occasion to interview the plaintiff? Yes, I did. Would you tell us 276 00:16:22,080 --> 00:16:25,200 what, if any, conclusions you reached regarding his sexual orientation? 277 00:16:25,700 --> 00:16:26,699 I found Mr. 278 00:16:26,700 --> 00:16:31,040 Salter to be both heterosexual and age -appropriate in his social and sexual 279 00:16:31,040 --> 00:16:33,780 development. Doctor, are you familiar with this machine? 280 00:16:34,100 --> 00:16:36,700 Yes, I am. Would you tell us what it is and what it does? 281 00:16:37,120 --> 00:16:38,900 It's a penile plasmograph. 282 00:16:39,440 --> 00:16:44,100 It measures the degree of arousal a man undergoes when presented with various 283 00:16:44,100 --> 00:16:46,800 stimuli, both visual and auditory. 284 00:16:47,120 --> 00:16:51,600 It operates by the use of a strain gauge placed around the shaft of the penis. 285 00:16:51,900 --> 00:16:56,120 In your opinion, doctor, was its use on this man indicated? 286 00:16:56,460 --> 00:16:59,520 It most decidedly was not indicated. 287 00:16:59,960 --> 00:17:04,619 And why do you say that? Because far less intrusive and, in my opinion, far 288 00:17:04,619 --> 00:17:09,440 reliable diagnostic techniques told you all you needed to know about this man. 289 00:17:09,599 --> 00:17:12,500 Simply put, he is not a pedophile. 290 00:17:12,990 --> 00:17:16,770 Doctor, in your opinion, does Ben Salter represent a threat to the children who 291 00:17:16,770 --> 00:17:17,770 are placed in his care? 292 00:17:17,990 --> 00:17:20,730 Absolutely not. Thank you. I have nothing further. 293 00:17:24,890 --> 00:17:29,410 Tell us, Doctor, is there ever an occasion when a penile plethysmograph 294 00:17:29,410 --> 00:17:33,650 indicated? If you're trying to determine an appropriate treatment modality, if 295 00:17:33,650 --> 00:17:35,650 you're designing some sort of aversion therapy. 296 00:17:36,280 --> 00:17:40,200 or if the results of other diagnostic techniques are inconclusive. 297 00:17:40,420 --> 00:17:44,100 But the results of your diagnostic techniques were conclusive. 298 00:17:44,320 --> 00:17:45,199 That's right. 299 00:17:45,200 --> 00:17:49,460 Doctor, you administered various psychological tests to Ben Salter, did 300 00:17:49,660 --> 00:17:54,120 Yes, I did. And these tests were voluntary, were they not, Doctor? You 301 00:17:54,120 --> 00:17:56,600 question, he thought about it, and he gave you an answer. 302 00:17:56,860 --> 00:18:02,020 That's right. The penile plethysmograph test measures an involuntary response, 303 00:18:02,260 --> 00:18:03,079 doesn't it, Doctor? 304 00:18:03,080 --> 00:18:05,220 Yes. So when the school's clinician... 305 00:18:05,680 --> 00:18:09,120 Got to the only test that Ben Salter couldn't fake, and he backs off. 306 00:18:09,820 --> 00:18:14,300 Doesn't that raise the tiniest question in your mind about how conclusive your 307 00:18:14,300 --> 00:18:15,300 diagnosis is? 308 00:18:15,560 --> 00:18:19,680 He stated his reasons, and I agree with him. Is it possible that Ben Salter 309 00:18:19,680 --> 00:18:20,680 could have fooled you, Doctor? 310 00:18:20,880 --> 00:18:23,900 I've been practicing for a long time, Mr. Colquitt. 311 00:18:24,580 --> 00:18:25,580 It's not likely. 312 00:18:25,940 --> 00:18:28,400 I asked you whether or not it were possible. 313 00:18:31,940 --> 00:18:33,020 Anything's possible. 314 00:18:34,960 --> 00:18:36,020 That's what we're afraid of. 315 00:18:36,440 --> 00:18:38,320 I have nothing further, doctor. Thank you. 316 00:18:41,460 --> 00:18:42,460 Hey, Gwen. 317 00:18:43,100 --> 00:18:44,160 How's the bar review going? 318 00:18:44,620 --> 00:18:45,620 Fine. 319 00:18:45,880 --> 00:18:46,880 Handling the pressure? 320 00:18:49,460 --> 00:18:51,700 Hey, you all right? 321 00:18:53,460 --> 00:18:55,360 Every minute I'm awake, all I want to do is sleep. 322 00:18:55,850 --> 00:18:59,110 Every minute I try and sleep, I lie in bed, my eyes wide open, trying the hell 323 00:18:59,110 --> 00:19:04,290 to understand collateral estoppel or prior restraint or the rule against 324 00:19:04,290 --> 00:19:06,990 perpetuities. Do you understand the rule against perpetuities? 325 00:19:07,230 --> 00:19:08,450 No. Oh, great. 326 00:19:09,050 --> 00:19:10,050 Nobody does. 327 00:19:10,090 --> 00:19:12,270 How does anybody pass the bar exam? 328 00:19:12,570 --> 00:19:15,050 Quinn, you can't get hung up on what you don't know. You don't have to know 329 00:19:15,050 --> 00:19:16,050 everything. Right. 330 00:19:16,270 --> 00:19:17,310 Just enough to pass. 331 00:19:18,230 --> 00:19:19,230 That's right. 332 00:19:20,230 --> 00:19:23,590 I don't know, Arnie. Why did I ever think I could be a lawyer? What kind of 333 00:19:23,590 --> 00:19:24,590 bright idea was that? 334 00:19:24,810 --> 00:19:29,270 Hey. Come on. I mean, no, really. Did my parents want me to be a lawyer? No. 335 00:19:29,870 --> 00:19:32,970 Did I grow up watching To Kill a Mockingbird and thrill to the knowledge 336 00:19:32,970 --> 00:19:34,350 could be the next Atticus Finch? 337 00:19:34,930 --> 00:19:38,970 No. I don't even remember deciding I wanted to go to law school. I don't 338 00:19:38,970 --> 00:19:39,769 remember that. 339 00:19:39,770 --> 00:19:41,050 What's the worst thing that can happen? 340 00:19:41,410 --> 00:19:42,329 You fail. 341 00:19:42,330 --> 00:19:43,269 So what? 342 00:19:43,270 --> 00:19:46,630 I failed the first time I took the exam. You can take it as many times as you 343 00:19:46,630 --> 00:19:47,630 want. 344 00:19:48,070 --> 00:19:51,290 I don't think I could survive going through this one more time. 345 00:19:55,590 --> 00:19:59,030 What was your reaction when you first heard that Ben Salter was accused of 346 00:19:59,030 --> 00:20:00,470 sexually molesting a child? 347 00:20:01,050 --> 00:20:02,050 Shock. 348 00:20:02,410 --> 00:20:03,470 Complete and utter shock. 349 00:20:04,630 --> 00:20:06,970 This, after all, was someone I considered a friend. 350 00:20:07,270 --> 00:20:08,209 What did you do? 351 00:20:08,210 --> 00:20:11,710 Pending the resolution of the criminal charges, I suspended him. When the 352 00:20:11,710 --> 00:20:14,930 charges were dropped, I called him into my office to map out a plan for his 353 00:20:14,930 --> 00:20:16,790 reinstatement. Why did you need a plan? 354 00:20:17,230 --> 00:20:19,130 Why didn't you just reinstate him? 355 00:20:19,770 --> 00:20:22,810 There was a lot of concern on the part of the parents. 356 00:20:23,110 --> 00:20:24,029 That's why. 357 00:20:24,030 --> 00:20:25,750 How did you seek to address that concern? 358 00:20:26,110 --> 00:20:29,750 By conducting our own investigation of Ben, and then by being able to go to the 359 00:20:29,750 --> 00:20:31,610 parents and say he got a clean bill of health. 360 00:20:31,910 --> 00:20:35,990 And did Mr. Salter indicate to you that he was willing to cooperate with such an 361 00:20:35,990 --> 00:20:37,630 examination? Yes, he did. 362 00:20:37,870 --> 00:20:39,150 And did he in fact do so? 363 00:20:39,410 --> 00:20:40,730 Up to a point, he did. 364 00:20:41,070 --> 00:20:44,590 When it came time to use the plethysmograph, he refused. 365 00:20:45,470 --> 00:20:47,550 I had no choice but to fire him. 366 00:20:49,290 --> 00:20:51,570 Would you tell the court why you felt that to be the case? 367 00:20:52,010 --> 00:20:56,030 The question had been raised as to the advisability of letting Ben be around 368 00:20:56,030 --> 00:21:00,150 children. That question had to be settled, and it had to be settled by 369 00:21:00,370 --> 00:21:01,470 I have no further questions. 370 00:21:02,410 --> 00:21:05,850 I assume you were relieved when the charges were dropped, were you not? 371 00:21:06,610 --> 00:21:07,589 Profoundly relieved. 372 00:21:07,590 --> 00:21:10,530 You just had the problem of those parents to deal with. 373 00:21:11,030 --> 00:21:14,990 That's right. Had any of the parents actually communicated their concern over 374 00:21:14,990 --> 00:21:18,470 Mr. Salter's reinstatement? If I had reinstated him, I would have heard from 375 00:21:18,470 --> 00:21:20,030 them. Believe me. 376 00:21:20,650 --> 00:21:24,590 These people pay $7 ,000 a year to put their kids in our school. 377 00:21:24,790 --> 00:21:27,830 And you figure that entitled them to have a wire hooked up to this man's 378 00:21:27,830 --> 00:21:28,830 genitals, right? 379 00:21:28,990 --> 00:21:33,410 Objection. Sustained. What other requirements would you be willing to 380 00:21:33,410 --> 00:21:34,410 your faculty? 381 00:21:34,600 --> 00:21:36,080 in an effort to please the parents. 382 00:21:36,340 --> 00:21:37,340 I don't know what you mean. 383 00:21:37,520 --> 00:21:39,880 What if there were a teacher that someone suspected of being gay? 384 00:21:40,120 --> 00:21:43,700 Being gay isn't a crime. What crime did Ben Salter commit? 385 00:21:44,000 --> 00:21:45,840 He was accused of molesting a child. 386 00:21:46,040 --> 00:21:48,300 What crime did he commit? 387 00:21:48,640 --> 00:21:52,200 So far as we know, he didn't commit any crime. Then why were you treating him 388 00:21:52,200 --> 00:21:53,019 like a criminal? 389 00:21:53,020 --> 00:21:57,700 I was doing my job as headmaster by protecting our students and the school 390 00:21:57,700 --> 00:21:58,700 which I was employed. 391 00:21:58,780 --> 00:22:03,500 What were you protecting the school from, Mr. Hollis? From the possibility 392 00:22:03,500 --> 00:22:08,020 being sued. in case Ben Salter did commit a crime, in case he wasn't age 393 00:22:08,020 --> 00:22:10,120 appropriate in his sexual orientation. 394 00:22:10,730 --> 00:22:14,310 In other words, this was a legal strategy, wasn't it? You were preparing 395 00:22:14,310 --> 00:22:17,530 lawsuit, and you wanted to be able to say, if anything happened, that it was 396 00:22:17,530 --> 00:22:19,110 machine's fault and not yours. 397 00:22:19,350 --> 00:22:22,830 I think that way because I have to think that way. Because lawyers like you make 398 00:22:22,830 --> 00:22:27,090 me think that way. You had a prosecutor dismiss the charges against this man. 399 00:22:27,190 --> 00:22:31,470 You had a lie detector test and a psychiatric evaluation. Both conclude 400 00:22:31,470 --> 00:22:32,570 was not a pedophile. 401 00:22:32,870 --> 00:22:35,950 And still, that wasn't enough for you. No, it wasn't. 402 00:22:36,370 --> 00:22:38,530 And it wouldn't have been enough for anyone in my position. 403 00:22:39,160 --> 00:22:41,080 Most schools would have dropped him on his head. 404 00:22:41,400 --> 00:22:45,680 I'm bending over backwards to give him back his job. I'm spending a fortune to 405 00:22:45,680 --> 00:22:49,900 employ state -of -the -art technology, and he wants to pick and choose what he 406 00:22:49,900 --> 00:22:50,980 will and will not do? 407 00:22:51,700 --> 00:22:54,660 He's lucky. I'm willing to strap him up to that machine. 408 00:22:56,480 --> 00:22:58,860 Thank you, Mr. Hollis. I have no further questions. 409 00:23:20,520 --> 00:23:23,820 Describe for us, if you will, Mr. Bodine, the first time you noticed Ed 410 00:23:23,980 --> 00:23:26,820 It was the opening day of the 1992 season. 411 00:23:27,160 --> 00:23:30,460 He was yelling at me for the mistakes he said I made back in 1991. 412 00:23:30,920 --> 00:23:32,360 I was supposed to pretend they didn't happen? 413 00:23:32,580 --> 00:23:33,860 Mr. Hicks. Yeah. 414 00:23:34,540 --> 00:23:37,560 How was it that you were able to tell from whom those remarks were coming? 415 00:23:37,880 --> 00:23:38,879 How could I tell? 416 00:23:38,880 --> 00:23:41,300 Yeah. When other people sat down, he stood up. 417 00:23:42,380 --> 00:23:44,700 When other people got quiet, he got loud. 418 00:23:45,000 --> 00:23:46,680 When other people got loud, he got louder. 419 00:23:47,340 --> 00:23:50,680 He couldn't help but notice this guy. And did his behavior continue in a 420 00:23:50,680 --> 00:23:53,320 fashion beyond opening day? Yeah, how about all season long? 421 00:23:53,540 --> 00:23:57,740 What was it that caused you to go into the stand and physically assault Ed 422 00:23:57,740 --> 00:24:01,160 Hicks? I just settled this paternity suit, and it was painful. 423 00:24:01,840 --> 00:24:02,840 It was messy. 424 00:24:03,640 --> 00:24:07,280 And even though it was in the papers, when he mentioned it, I went nuts. I had 425 00:24:07,280 --> 00:24:09,760 to listen to his voice for five and a half months. 426 00:24:10,060 --> 00:24:14,740 Now, I'm sorry that it happened, but hearing him talk about my personal 427 00:24:14,800 --> 00:24:16,980 On that particular day, it was more than I could take. 428 00:24:17,300 --> 00:24:18,300 I have nothing further. 429 00:24:20,620 --> 00:24:22,400 How much money did you make last year, Val? 430 00:24:22,760 --> 00:24:25,980 Objection. Irrelevant. Hey, Judge, is it irrelevant to them? 431 00:24:26,600 --> 00:24:29,460 I'm going to allow it. Hey, way to go, Judge. 432 00:24:30,360 --> 00:24:31,199 Excuse me. 433 00:24:31,200 --> 00:24:33,420 How much, Val? I made 2 .2 million. 434 00:24:33,680 --> 00:24:35,100 2 .2 million? 435 00:24:36,040 --> 00:24:39,440 How much is that per game, do you know? 436 00:24:39,640 --> 00:24:41,420 No, I don't know. Well, let's look it up. 437 00:24:43,060 --> 00:24:45,780 162 games into 2 .2 million. 438 00:24:46,460 --> 00:24:47,460 That's... Whoa! 439 00:24:48,300 --> 00:24:51,860 It's a little more than $13 ,580. 440 00:24:52,560 --> 00:24:56,480 There are probably 150 other guys in this league who make more money than I 441 00:24:56,560 --> 00:24:59,040 Really? It's probably 400 who had a better season. 442 00:24:59,260 --> 00:25:02,140 I was hurt. You were hurt? So what were you doing playing hurt? 443 00:25:02,400 --> 00:25:04,260 I mean, who were you helping? Objection, Your Honor. 444 00:25:04,460 --> 00:25:08,220 Sustained. We're not here to discuss Mr. Bodine's performance on the field, Mr. 445 00:25:08,300 --> 00:25:09,720 Hicks. Understood, Your Honor. 446 00:25:10,110 --> 00:25:13,110 Do you know you were called out on strikes 24 times last year? 447 00:25:13,450 --> 00:25:16,890 Objection. Mr. Hicks. There were some bad calls in there, Mr. Hicks. Let's not 448 00:25:16,890 --> 00:25:20,950 start crying about the ump now. Do me a favor. Gentlemen, enough. 449 00:25:21,310 --> 00:25:24,050 If you want to argue the fine points of baseball, do it on your own time. 450 00:25:29,710 --> 00:25:35,710 Why did you hit me, Val? 451 00:25:35,930 --> 00:25:39,010 I hit you because you wouldn't shut up. Why'd you hit me in front of my kid? 452 00:25:40,470 --> 00:25:42,110 I'm sorry. I didn't see your kid. 453 00:25:43,730 --> 00:25:44,730 Let me ask you something. 454 00:25:46,210 --> 00:25:50,870 Do you ever listen to what I'm saying? I can't help listening to it. You can't 455 00:25:50,870 --> 00:25:51,749 help hearing. 456 00:25:51,750 --> 00:25:54,650 What I'm asking is, do you ever listen? Look it. 457 00:25:55,430 --> 00:25:57,290 I've got a manager. I've got coaches. 458 00:25:57,590 --> 00:25:58,590 I've got teammates. 459 00:25:58,830 --> 00:26:00,330 I've got people. I've got friends. 460 00:26:00,610 --> 00:26:03,270 I've got enough people to listen to who actually know what they're talking 461 00:26:03,270 --> 00:26:04,910 about. I don't need to listen to you! 462 00:26:11,620 --> 00:26:15,340 My son came home from school, and right away I knew something was wrong. 463 00:26:15,720 --> 00:26:16,720 How did you know? 464 00:26:17,660 --> 00:26:20,420 Well, because I'm his mother, mothers know. 465 00:26:20,700 --> 00:26:22,620 What, if anything, did you do? 466 00:26:22,880 --> 00:26:26,540 I talked to him. It took a while, but he finally told me what was wrong. 467 00:26:27,020 --> 00:26:31,520 He told me that his teacher, Ben Salter, had molested him. Objection. Hearsay. 468 00:26:31,560 --> 00:26:35,560 This is being used to demonstrate the state of mind of the witness, Your 469 00:26:35,740 --> 00:26:36,669 I'll allow it. 470 00:26:36,670 --> 00:26:39,750 Your Honor, I want the jury instructed that this statement by the witness's 471 00:26:39,750 --> 00:26:43,110 child is being admitted solely to demonstrate the witness's state of mind 472 00:26:43,110 --> 00:26:45,650 should not be taken as fact. The jury is so advised. 473 00:26:47,010 --> 00:26:49,490 What, if anything, did you do? 474 00:26:50,410 --> 00:26:54,770 First, I called the police, and then I called the school. And you continue to 475 00:26:54,770 --> 00:26:57,570 believe that your child was molested by this man? 476 00:26:58,310 --> 00:27:02,740 Yes, I do. Despite the fact that the district attorney's office... found 477 00:27:02,740 --> 00:27:06,820 to be insufficient evidence to proceed to trial. District attorneys often find 478 00:27:06,820 --> 00:27:08,820 insufficient evidence to proceed to trial. 479 00:27:09,180 --> 00:27:12,000 But that does not shake my conviction one iota. 480 00:27:13,040 --> 00:27:14,540 I believe my child. 481 00:27:15,880 --> 00:27:16,900 I have nothing further. 482 00:27:19,240 --> 00:27:22,660 Had your son ever been sexually assaulted prior to that day at school? 483 00:27:23,000 --> 00:27:26,220 Objection. Irrelevant. It's being offered to demonstrate the witness's 484 00:27:26,220 --> 00:27:28,080 mind. I'll allow it. Had he? 485 00:27:28,940 --> 00:27:31,440 Yes. Who was it that molested him that time? 486 00:27:31,950 --> 00:27:36,050 His father, my ex -husband. You first accused your ex -husband of sexual 487 00:27:36,050 --> 00:27:38,930 molestation while the two of you were in the middle of a divorce. Isn't that 488 00:27:38,930 --> 00:27:39,990 right? Yes, I did. 489 00:27:40,230 --> 00:27:42,910 That was one of the reasons he and I got a divorce. 490 00:27:43,150 --> 00:27:46,790 Tell us, was he ever tried for the crime of sexual molestation? 491 00:27:46,990 --> 00:27:48,770 No, he wasn't. Why was that? 492 00:27:49,090 --> 00:27:51,710 The district attorney felt there was insufficient evidence. 493 00:27:53,000 --> 00:27:55,500 Do you think that means that I'm crazy? 494 00:27:55,740 --> 00:27:58,940 Ask that the witness confine her remarks to answering the questions she's being 495 00:27:58,940 --> 00:28:02,620 asked. The witness will refrain from engaging in colloquy with plaintiff 496 00:28:02,620 --> 00:28:05,940 counsel. Does your son's father have visitation rights? 497 00:28:06,840 --> 00:28:07,840 Yes, he does. 498 00:28:07,960 --> 00:28:10,020 Does he have unsupervised visitation rights? 499 00:28:10,320 --> 00:28:13,880 Yes. It's safe to assume, then, is it not, that there was not only 500 00:28:13,880 --> 00:28:17,880 evidence to support a criminal prosecution, there was insufficient 501 00:28:17,880 --> 00:28:21,040 prevent him from being alone with the child you claim he molested. You can be 502 00:28:21,040 --> 00:28:25,040 sure that if it were up to me, that wouldn't be the case. Was it you or your 503 00:28:25,040 --> 00:28:28,180 -husband who wanted to keep your son enrolled at Sunny Hills? That doesn't 504 00:28:28,180 --> 00:28:31,020 anything to do with this. Ask that the witness be directed to answer the 505 00:28:31,020 --> 00:28:34,740 question. It was him. Your husband got to keep the house in Brentwood, didn't 506 00:28:34,740 --> 00:28:35,740 he? Objection! 507 00:28:36,020 --> 00:28:40,160 Overruled. It was his before we got married. You wanted to enroll your son 508 00:28:40,160 --> 00:28:44,080 school that was close to where you lived, close to where you had to move to 509 00:28:44,080 --> 00:28:46,900 because you couldn't afford a house in Brentwood. You were the one that had to 510 00:28:46,900 --> 00:28:49,880 pick him up. You were the one that had to take him to school. And the judge who 511 00:28:49,880 --> 00:28:53,560 presided over your divorce required you to keep him in Sunny Hills. The judge 512 00:28:53,560 --> 00:28:56,740 listened to your husband about that just the way you listen to your husband 513 00:28:56,740 --> 00:28:58,520 about everything else. Do you think I made it up? 514 00:28:58,860 --> 00:29:01,280 Do you think I made this whole thing up? 515 00:29:02,160 --> 00:29:03,220 These things happen. 516 00:29:04,270 --> 00:29:08,090 People's lives are ruined. Men do whatever they want to do, and lives are 517 00:29:08,090 --> 00:29:11,530 ruined. Women and children's lives are ruined. 518 00:29:11,830 --> 00:29:14,890 Did your son tell you that he'd been molested, Mrs. Hartshorn? 519 00:29:15,250 --> 00:29:16,470 Or did you tell him? 520 00:29:19,030 --> 00:29:20,130 He told me. 521 00:29:21,570 --> 00:29:23,010 And I believed him. 522 00:29:23,410 --> 00:29:24,690 I have nothing for them. 523 00:29:35,090 --> 00:29:36,069 Mr. Henderson. 524 00:29:36,070 --> 00:29:38,150 Tony. Right, Tony. And you are? 525 00:29:38,510 --> 00:29:39,229 Gwen Taylor. 526 00:29:39,230 --> 00:29:40,510 What can I do for you, Gwen Taylor? 527 00:29:40,730 --> 00:29:44,090 I was wondering if you could recommend a tutor or an outside class or someplace 528 00:29:44,090 --> 00:29:47,410 where I can get a little extra help preparing, because otherwise I'm not 529 00:29:47,410 --> 00:29:48,289 to make it through this. 530 00:29:48,290 --> 00:29:49,590 Everybody feels that way. 531 00:29:49,850 --> 00:29:50,850 No, you don't understand. 532 00:29:51,350 --> 00:29:53,930 I don't have a law degree. I've been apprenticing. 533 00:29:54,230 --> 00:29:57,990 I haven't had a lot of practice being tested like this. I'm going under, and I 534 00:29:57,990 --> 00:29:59,170 really need some help. 535 00:29:59,410 --> 00:30:00,009 Hi, Tony. 536 00:30:00,010 --> 00:30:01,010 Hi, Cheryl. 537 00:30:01,590 --> 00:30:03,770 Are we going to cover third -party beneficiary today? 538 00:30:03,970 --> 00:30:04,759 Yes, we are. 539 00:30:04,760 --> 00:30:06,220 Good, because I'm hopelessly confused. 540 00:30:06,940 --> 00:30:07,940 You see? 541 00:30:08,060 --> 00:30:09,060 You're not alone. 542 00:30:09,340 --> 00:30:12,540 Tony, I passed hopelessly confused last Tuesday. 543 00:30:12,980 --> 00:30:17,840 I learned all these mnemonics. My legs for written contracts and cope for the 544 00:30:17,840 --> 00:30:20,760 rules against perpetuities. But now I can't remember what the letters stand 545 00:30:20,820 --> 00:30:25,860 Does the E in legs stand for executor or is it escrow? Gwen, I will help you. 546 00:30:26,060 --> 00:30:27,720 You will? Is tomorrow night soon enough? 547 00:30:27,920 --> 00:30:31,380 Yeah. Good. Tomorrow night it is. I can't believe you have time enough to 548 00:30:31,380 --> 00:30:33,020 me. I'll make time. I like a challenge. 549 00:30:35,790 --> 00:30:36,790 Come on. 550 00:30:38,370 --> 00:30:42,490 Imagine that every morning you go to work, you encounter the same person. 551 00:30:42,710 --> 00:30:45,710 Wherever you are, there he is. 552 00:30:46,170 --> 00:30:49,770 And all day, every day, he yells at you. 553 00:30:49,990 --> 00:30:53,310 He reminds you of mistakes you've made. He tells you what you're not doing as 554 00:30:53,310 --> 00:30:56,290 well as you should, what opportunities you've missed, what a disappointment 555 00:30:56,290 --> 00:31:02,830 you've been. And he comments on your personal life loud enough so that 556 00:31:02,830 --> 00:31:04,330 can hear that he won't stop. 557 00:31:05,520 --> 00:31:06,520 So you try to ignore them. 558 00:31:07,200 --> 00:31:10,360 You try to concentrate on your work, and you tell yourself, it's part of the 559 00:31:10,360 --> 00:31:11,700 job, it's part of the job. 560 00:31:12,100 --> 00:31:15,120 And one way or another, you manage not to lose your temper. 561 00:31:16,260 --> 00:31:17,260 Until that day. 562 00:31:18,260 --> 00:31:22,560 Until that day when the circumstances in your life are such that this guy 563 00:31:22,560 --> 00:31:24,980 yelling at you just pushes you over the edge. 564 00:31:25,880 --> 00:31:26,880 Could happen to me. 565 00:31:27,220 --> 00:31:28,220 Could happen to you. 566 00:31:28,780 --> 00:31:29,980 Could happen to him. 567 00:31:31,260 --> 00:31:35,220 Val Bodine is a professional baseball player, ladies and gentlemen. He is not 568 00:31:35,220 --> 00:31:38,720 trained bear. Yes, he's paid. He's paid very well to play baseball in front of 569 00:31:38,720 --> 00:31:42,100 people. And yes, he should be able to take the booing along with the cheering. 570 00:31:42,260 --> 00:31:47,700 But what's a little tough to take is the relentless and obsessive taunting by a 571 00:31:47,700 --> 00:31:51,540 man like Ed Hicks. I mean, just think what it would be like if it were him 572 00:31:51,540 --> 00:31:53,620 waiting for you every day at work. 573 00:31:54,180 --> 00:31:59,300 Every day for five and a half months. I ask you to imagine that right now. 574 00:32:00,650 --> 00:32:01,730 before you render your verdict. 575 00:32:10,370 --> 00:32:11,410 How do you do this? 576 00:32:13,830 --> 00:32:15,510 What, am I supposed to get up here and make a speech? 577 00:32:18,030 --> 00:32:21,150 I'm going to get up here, I'm going to make a speech, and everyone's going to 578 00:32:21,150 --> 00:32:22,109 listen to me? 579 00:32:22,110 --> 00:32:23,110 That's pretty good. 580 00:32:24,030 --> 00:32:25,270 Doesn't happen to me very often. 581 00:32:26,030 --> 00:32:27,810 I mean, when you were a kid. 582 00:32:28,510 --> 00:32:32,270 You dream everybody will listen to you. You dream about being center of 583 00:32:32,270 --> 00:32:33,270 attention. 584 00:32:33,550 --> 00:32:35,430 You dream big. 585 00:32:35,750 --> 00:32:41,710 You dream you'll be a senator or a movie star or a baseball player. 586 00:32:43,990 --> 00:32:47,030 You don't dream you're going to sell shoes. That's just something you wind up 587 00:32:47,030 --> 00:32:50,870 doing. That and watching baseball games. 588 00:32:54,910 --> 00:32:57,070 Time stands still at a baseball game. 589 00:32:58,440 --> 00:32:59,440 There's no clock. 590 00:32:59,660 --> 00:33:01,000 Who you are doesn't matter. 591 00:33:01,220 --> 00:33:03,480 Anybody can go if you come up with the money. 592 00:33:03,680 --> 00:33:07,660 All right, so maybe it sounds stupid, but 12 % of my take -home pay goes to 593 00:33:07,660 --> 00:33:08,459 the tickets. 594 00:33:08,460 --> 00:33:11,240 I used to go with my father, and now my son goes with me. 595 00:33:13,560 --> 00:33:18,080 I'm a nervous, overweight guy who drives an hour and a half back and forth to 596 00:33:18,080 --> 00:33:21,380 work to make $37 .5 a year selling shoes. 597 00:33:22,100 --> 00:33:24,960 I mean, my kid's not going to yell from the rooftops about what his old man does 598 00:33:24,960 --> 00:33:25,769 for a living. 599 00:33:25,770 --> 00:33:29,590 He's got nothing to brag about in that department. He's stuck with me. So I 600 00:33:29,590 --> 00:33:31,970 him to the baseball game, and I make a lot of noise. 601 00:33:33,010 --> 00:33:38,570 So my kid will see that I love something, and he'll love that thing 602 00:33:39,390 --> 00:33:44,190 All right, you may not believe this, but when we're at the ballgame, I am a real 603 00:33:44,190 --> 00:33:45,570 big shot to my kid. 604 00:33:47,910 --> 00:33:50,350 Nobody knows the game better. Nobody yells louder. 605 00:33:50,670 --> 00:33:52,670 And that may not be a lot, but it's something. 606 00:33:55,440 --> 00:33:56,440 It is something. 607 00:34:24,860 --> 00:34:30,040 Mr. Salter, to take this test, the penioplasismograph, much has been made 608 00:34:30,040 --> 00:34:34,219 test's invasiveness. We all feel discomfort at hearing it described and 609 00:34:34,219 --> 00:34:35,960 imagining it administered to ourselves. 610 00:34:36,820 --> 00:34:40,960 Admittedly, it's hard to view it as anything other than a violation of one's 611 00:34:40,960 --> 00:34:41,960 privacy. 612 00:34:42,540 --> 00:34:45,300 I would urge you to keep one thing in perspective, though. 613 00:34:46,300 --> 00:34:50,580 It's not as much a violation as being sexually molested, and that, ladies and 614 00:34:50,580 --> 00:34:52,340 gentlemen, is what we are talking about. 615 00:34:52,730 --> 00:34:58,030 If a school had any basis to suspect one of its teachers of molesting children 616 00:34:58,030 --> 00:35:03,410 sexually, and they did not do anything they could to prevent that, the next 617 00:35:03,410 --> 00:35:07,190 sound you would hear would be the snapping open of attorney's briefcases, 618 00:35:07,190 --> 00:35:09,550 -bent on suing that school for all it's worth. 619 00:35:09,810 --> 00:35:14,350 The penile plethysmograph is the fastest means we have of breaking through a 620 00:35:14,350 --> 00:35:15,350 suspect's denial. 621 00:35:16,110 --> 00:35:21,690 Its results may not be conclusive, but they definitely give us a piece of the 622 00:35:21,690 --> 00:35:26,810 puzzle. They enable us to identify who is a threat to our children. 623 00:35:28,250 --> 00:35:34,310 If any of you, if you or if someone close to you was sexually abused as a 624 00:35:34,510 --> 00:35:39,770 you understand the enormity of that threat. And the momentary discomfort or 625 00:35:39,770 --> 00:35:44,710 embarrassment that Ben Salter may go through as a result of this test pales 626 00:35:44,710 --> 00:35:48,450 significance when compared to the misery and the pain. 627 00:35:49,520 --> 00:35:53,760 that a victim of sexual abuse carries with them the rest of their life. 628 00:35:54,920 --> 00:35:56,960 I would urge you to render your verdict accordingly. 629 00:36:01,380 --> 00:36:05,580 Ladies and gentlemen, I am not here to defend the sexual abuse of children. 630 00:36:06,580 --> 00:36:10,680 My adversary has done his level best, however, to make it appear that I am. 631 00:36:12,330 --> 00:36:17,010 He knows that if you are sufficiently caught up in the drumbeat of fear and 632 00:36:17,010 --> 00:36:21,050 suspicion, you won't bother to distinguish between that which has been 633 00:36:21,050 --> 00:36:23,370 and that which has been proven. 634 00:36:23,890 --> 00:36:26,770 And if you don't bother to do that, he wins. 635 00:36:30,130 --> 00:36:32,330 This case terrifies me. 636 00:36:32,970 --> 00:36:36,770 I look at what happened to Ben Salter, and I understand how it was that women 637 00:36:36,770 --> 00:36:38,790 called witches were burned at the stake. 638 00:36:39,630 --> 00:36:45,390 A person stands accused of that which we as a society revile and condemn. He 639 00:36:45,390 --> 00:36:48,670 refuses to have wires attached to his body. 640 00:36:49,290 --> 00:36:55,050 Wires which bypass the conscious mind, which measure not guilt or innocence, 641 00:36:55,050 --> 00:37:00,390 the physiology of some disembodied part of his anatomy as if that defines who he 642 00:37:00,390 --> 00:37:06,410 is. As a result, he loses his job and has his reputation ruined. Does it 643 00:37:06,410 --> 00:37:10,700 him? to suffer whatever ordeal is put in front of him in order to undo that, 644 00:37:10,840 --> 00:37:16,060 only if you're willing to scrap the Constitution and cast out the most basic 645 00:37:16,060 --> 00:37:19,840 tenet of our judicial system, innocent until proven guilty. 646 00:37:20,360 --> 00:37:25,240 This is not a case about child abuse, ladies and gentlemen. It's a case about 647 00:37:25,240 --> 00:37:30,200 innocent man fighting for his right to hold on to the last shred of what it 648 00:37:30,200 --> 00:37:31,200 means to be human. 649 00:37:43,820 --> 00:37:44,820 Hi. Hi. 650 00:37:47,080 --> 00:37:48,080 How you doing? 651 00:37:48,500 --> 00:37:49,500 Okay. 652 00:37:51,420 --> 00:37:52,500 How's the bar review going? 653 00:37:52,760 --> 00:37:53,760 Okay. 654 00:37:54,460 --> 00:37:55,460 How's Lucy? 655 00:37:55,680 --> 00:37:56,680 She's great. 656 00:37:56,800 --> 00:38:03,300 I was thinking about her, and I was thinking about what you said the other 657 00:38:03,400 --> 00:38:06,060 Gwen, this really can't wait until after the bar. 658 00:38:06,280 --> 00:38:07,340 I don't think it should. 659 00:38:08,720 --> 00:38:11,740 I... I don't think I can be... 660 00:38:12,840 --> 00:38:15,400 The constant that she needs in her life, Daniel. 661 00:38:15,620 --> 00:38:20,300 And the truth is that I don't think I can be the constant you need either. 662 00:38:23,240 --> 00:38:24,240 So? 663 00:38:26,440 --> 00:38:26,960 I 664 00:38:26,960 --> 00:38:34,080 thought 665 00:38:34,080 --> 00:38:39,120 this would feel terrible, but at least be a relief, and instead it just 666 00:38:48,200 --> 00:38:49,200 So am I. 667 00:38:51,220 --> 00:38:52,620 Has the jury reached a verdict? 668 00:38:54,600 --> 00:38:56,460 We have, Your Honor. What say you? 669 00:38:57,740 --> 00:39:01,660 We fine to the plaintiff, Edward Hicks, and award the sum of $1 in damages. 670 00:39:02,400 --> 00:39:03,440 So say you all. 671 00:39:04,700 --> 00:39:06,260 $1? Mr. Hicks. 672 00:39:06,880 --> 00:39:09,760 That'll give IQ tests for jury duty, do they? Mr. 673 00:39:09,980 --> 00:39:12,440 Hicks. Hey, moron. I have a question for you. 674 00:39:13,210 --> 00:39:16,970 How can he be guilty and only owe one dollar? Listen to me, Mr. Hicks. If I 675 00:39:16,970 --> 00:39:19,310 you a dollar, do I get to beat you up? Mr. Hicks! 676 00:39:19,870 --> 00:39:22,710 If you don't stop haranguing the jury, I'm going to have the officer of the 677 00:39:22,710 --> 00:39:24,030 court place you under arrest. 678 00:39:24,690 --> 00:39:28,490 The jury's dismissed with the thanks of the court. 679 00:39:28,930 --> 00:39:30,010 The court's adjourned. 680 00:39:34,010 --> 00:39:34,948 Hey, Ed. 681 00:39:34,950 --> 00:39:35,950 Ed! What? 682 00:39:36,190 --> 00:39:38,370 What, you want to rub my nose in it? You want to beat me up again? 683 00:39:38,610 --> 00:39:40,230 The jury already did that. Hey, Val. 684 00:39:40,970 --> 00:39:43,710 Are you sure this is going to be constructive? Jonathan, I got a little 685 00:39:43,710 --> 00:39:44,910 to take care of with this man. 686 00:39:45,110 --> 00:39:46,570 What kind of business? 687 00:39:47,110 --> 00:39:48,170 I want to give you something. 688 00:39:48,830 --> 00:39:51,290 You're going to give me the dollar? No, I'm not going to give you the dollar. 689 00:39:51,790 --> 00:39:53,110 I want to give you this for your boy. 690 00:39:54,630 --> 00:39:55,630 What's this for? 691 00:39:56,430 --> 00:39:57,870 You showed me something yesterday. 692 00:39:58,770 --> 00:40:01,290 I thought you were just a pain in the ass, which you are. 693 00:40:01,910 --> 00:40:06,110 But you're more than that. You love the game. You love your kid. 694 00:40:06,670 --> 00:40:07,930 And I respect you for that. 695 00:40:08,560 --> 00:40:11,840 I'd like it if you realize that I'm a human being and respect me too. 696 00:40:15,920 --> 00:40:16,960 Is that the real deal? 697 00:40:17,800 --> 00:40:19,240 I used it all last season. 698 00:40:19,660 --> 00:40:21,760 Including when you blew the double play against the Astros? 699 00:40:22,500 --> 00:40:23,500 Including then. 700 00:40:26,160 --> 00:40:27,160 Thanks. 701 00:40:27,900 --> 00:40:28,960 I mean a lot to him. 702 00:40:31,480 --> 00:40:34,020 It means a lot to me. 703 00:40:39,740 --> 00:40:40,740 Hey, 704 00:40:41,000 --> 00:40:42,000 sorry I beat you up. 705 00:40:42,660 --> 00:40:43,660 I lived. 706 00:40:44,800 --> 00:40:45,860 See you at the ballpark? 707 00:40:46,860 --> 00:40:47,860 Count on it! 708 00:40:51,460 --> 00:40:53,700 Would the foreperson please read the verdict? 709 00:40:55,720 --> 00:40:59,820 We, the jury, in the matter of Salta v. Sunny Hill School, fine for the 710 00:40:59,820 --> 00:41:03,120 plaintiff and award $250 ,000 in damages. 711 00:41:03,400 --> 00:41:06,080 The court hereby orders the plaintiff be reinstated. 712 00:41:06,480 --> 00:41:10,140 The jury is discharged with thanks of the court. This court is adjourned. 713 00:41:11,700 --> 00:41:13,080 I think we need to talk. 714 00:41:16,100 --> 00:41:18,000 I'm not worried about the monetary damages. 715 00:41:18,340 --> 00:41:20,240 They'll be covered by our insurance carrier. 716 00:41:22,400 --> 00:41:25,580 The problem comes with reinstating you. 717 00:41:26,000 --> 00:41:29,640 What is it you're asking, Mr. Hollis? I'm asking for you to teach someplace 718 00:41:29,640 --> 00:41:30,640 else. 719 00:41:31,300 --> 00:41:34,080 Now, why would I want to do that? Because it'll be a hell of a lot more 720 00:41:34,080 --> 00:41:35,600 comfortable for you someplace else. 721 00:41:37,900 --> 00:41:39,520 I'm telling you this as a friend, Ben. 722 00:41:40,480 --> 00:41:42,700 There are quite a few parents that don't want you back. 723 00:41:43,000 --> 00:41:46,620 They've said to me that if you do come back, they want absolute assurances that 724 00:41:46,620 --> 00:41:48,180 you won't be alone with their children. 725 00:41:48,580 --> 00:41:51,940 I'm going to have to put a monitor in your classrooms. You do that and I'll 726 00:41:51,940 --> 00:41:54,100 you back in court so fast your head will spin. 727 00:41:54,540 --> 00:41:58,920 The judge's order calls for his reinstatement, period. No conditions, no 728 00:41:58,920 --> 00:42:02,240 qualifications, no holding him out to be someone who can't be trusted. 729 00:42:02,540 --> 00:42:04,220 She's right, Richard. You can't do that. 730 00:42:09,310 --> 00:42:10,330 Is it worth it, Ben? 731 00:42:13,810 --> 00:42:17,710 I'm going to be in room nine Monday morning, Richard. I expect to have a 732 00:42:17,710 --> 00:42:18,910 grade class in there as well. 733 00:42:20,210 --> 00:42:21,910 You want to have a second grade class in there? 734 00:42:22,550 --> 00:42:25,170 Then you call the parents of those second graders and tell them they have 735 00:42:25,170 --> 00:42:28,170 nothing to worry about. Tell them that no matter what their fears are, if they 736 00:42:28,170 --> 00:42:31,150 want to continue to have their kids to Sunny Hills, you're going to be their 737 00:42:31,150 --> 00:42:32,450 teacher. Do you want to tell them that? 738 00:42:32,710 --> 00:42:34,510 No, because that's your job. 739 00:42:35,660 --> 00:42:38,640 That's what you have to tell them. You have to tell them. You have to stand up 740 00:42:38,640 --> 00:42:42,400 and say that Ben Salter is coming back to teach because Ben Salter's done 741 00:42:42,400 --> 00:42:43,259 nothing wrong. 742 00:42:43,260 --> 00:42:44,420 He's not a child molester. 743 00:42:45,040 --> 00:42:47,400 He's not a suspected child molester. He's a teacher. 744 00:42:48,660 --> 00:42:49,660 He's a good teacher. 745 00:42:51,820 --> 00:42:55,380 It appears as though I have no choice, so... Okay. 746 00:43:01,760 --> 00:43:03,220 For what it's worth, though... 747 00:43:04,330 --> 00:43:05,630 I think you're going to be miserable. 748 00:43:07,230 --> 00:43:08,810 You're telling me that as a friend? 749 00:43:13,010 --> 00:43:14,010 Okay. 750 00:43:21,650 --> 00:43:24,230 You get in under the exclusionary rule. 751 00:43:24,990 --> 00:43:25,990 How? 752 00:43:28,730 --> 00:43:30,410 Independent source. Independent source. 753 00:43:32,380 --> 00:43:35,620 Intervening act of free will by the defendant. Intervening act of free will 754 00:43:35,620 --> 00:43:36,499 the defendant. 755 00:43:36,500 --> 00:43:37,500 Inevitable discovery. 756 00:43:37,600 --> 00:43:39,740 Live witness testimony and court ID. 757 00:43:39,960 --> 00:43:43,540 Good. And remember, if the exclusionary rule is on the essay question... Mention 758 00:43:43,540 --> 00:43:46,800 the exceptions, whether they're relevant or not, get in that I know what they 759 00:43:46,800 --> 00:43:47,800 are. Right. 760 00:43:48,180 --> 00:43:51,760 Okay, how about the rule against perpetuities? The rule against 761 00:43:52,180 --> 00:43:53,180 Cope. 762 00:43:53,640 --> 00:43:54,720 Contingent remainders. 763 00:43:54,920 --> 00:43:57,560 Option to purchase land. Powers of appointment. 764 00:43:58,140 --> 00:43:59,140 Oh. 765 00:43:59,580 --> 00:44:00,558 Executor interest? 766 00:44:00,560 --> 00:44:03,280 You love those mnemonics, don't you? Yeah, they make me feel more secure. 767 00:44:04,060 --> 00:44:08,940 I really, I want to thank you for taking the time to help me. I feel calmer now 768 00:44:08,940 --> 00:44:12,200 than I have in the last few weeks. And there was a moment back there when I 769 00:44:12,200 --> 00:44:14,980 actually pictured myself as a lawyer. It was really great. 770 00:44:18,360 --> 00:44:20,980 I can't believe I did that. 771 00:44:22,460 --> 00:44:28,560 I can't believe I did that. 772 00:44:29,390 --> 00:44:30,910 Why did you do that? 773 00:44:33,110 --> 00:44:34,110 I don't know. 774 00:44:35,870 --> 00:44:40,810 I, um... I felt like I was standing outside myself watching me kiss you. 775 00:44:41,530 --> 00:44:45,210 Look, it's late. We're both tired. It's okay. I never do things like that. It's 776 00:44:45,210 --> 00:44:46,450 totally out of character for me. 777 00:44:50,730 --> 00:44:52,610 Why don't we just get back to work? 778 00:44:53,390 --> 00:44:54,950 As long as you're sure you're okay. 779 00:44:55,850 --> 00:44:58,270 And you forgive me for being so out of line. 780 00:44:59,600 --> 00:45:00,760 Yeah, I'm okay. 781 00:45:01,000 --> 00:45:02,540 And I'm, yeah, I forgive you. 782 00:45:03,780 --> 00:45:04,780 All right. 783 00:45:07,480 --> 00:45:10,120 Okay, statute of frauds. What contracts need to be in writing? 784 00:45:10,360 --> 00:45:11,680 All right, all right. 785 00:45:12,060 --> 00:45:13,820 Where the consideration is marriage. 786 00:45:14,360 --> 00:45:17,420 Where the duration of the contract is more than a year. 787 00:45:17,860 --> 00:45:19,020 Surety ship, land. 788 00:45:19,780 --> 00:45:25,880 For the sale of goods valued at more than $500. And for an executor to pay 789 00:45:25,880 --> 00:45:26,880 debts of an estate.