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. 17 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. 28 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 31 00:04:29,000 --> 00:04:32,700 mine. The retirement community seeking to evict three senior citizens because 32 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? 59 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. 61 00:06:05,270 --> 00:06:06,850 I'd love to see you beg. 62 00:06:12,050 --> 00:06:13,290 What are my chances? 63 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. 66 00:06:21,410 --> 00:06:22,570 Plus, you know me. 67 00:06:22,950 --> 00:06:23,950 May I interview you Thursday? 68 00:06:24,250 --> 00:06:25,250 Great. Will you be in the room? 69 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. 75 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. 79 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 85 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? 88 00:07:18,730 --> 00:07:19,730 My, my. 89 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? 91 00:07:26,310 --> 00:07:29,970 What specifically do these gentlemen do, Mr. Overvault? They wear tight pants. 92 00:07:30,550 --> 00:07:34,990 They stage golf cart races. They get into fist fights. And they engage in 93 00:07:34,990 --> 00:07:36,690 blatantly promiscuous behavior. 94 00:07:36,990 --> 00:07:40,230 What's the ratio of women to men in your community, Mr. Overvault? 95 00:07:40,600 --> 00:07:44,920 Approximately five to one. Is it possible that what you characterize as 96 00:07:44,920 --> 00:07:49,360 promiscuity is nothing more than the laws of supply and demand at work? I 97 00:07:49,360 --> 00:07:54,980 just refer to promiscuity, Mr. Brackman. I referred to blatant promiscuity. We 98 00:07:54,980 --> 00:07:58,200 are talking about necking. We are talking about swapping. 99 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 103 00:08:14,140 --> 00:08:15,500 no concern to me whatsoever. 104 00:08:16,040 --> 00:08:21,180 That which destroys the tranquility of our community, that which violates our 105 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? 107 00:08:25,900 --> 00:08:29,520 No. Let's split. I've had about all I can take of this little windbag. 108 00:08:29,720 --> 00:08:32,440 We're not giving up our patches, Monroe. 109 00:08:32,700 --> 00:08:34,840 And we're not moving out. 110 00:08:35,260 --> 00:08:37,080 Your depositions start tomorrow, gentlemen. 111 00:08:37,320 --> 00:08:38,980 We'll be here, doll. 112 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 114 00:08:56,220 --> 00:08:57,240 China Lake Penitentiary? 115 00:08:57,440 --> 00:08:58,520 Three years and four months. 116 00:08:58,800 --> 00:09:00,260 Would you describe yourself for us? 117 00:09:01,180 --> 00:09:02,820 It's eight feet by ten feet. 118 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 120 00:09:10,180 --> 00:09:14,140 plastic ink cartridge, and there's a magazine with a stapler removed and one 121 00:09:14,140 --> 00:09:15,140 book. 122 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 123 00:09:20,900 --> 00:09:22,940 How many hours a day do you spend in the cell? 124 00:09:23,220 --> 00:09:24,220 Twenty -two and a half. 125 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? 128 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 130 00:09:37,130 --> 00:09:38,510 cell in order to go to the yard? 131 00:09:38,710 --> 00:09:40,470 You're handcuffed through a slot in your cell door. 132 00:09:41,310 --> 00:09:43,770 The control booth officer opens the door. 133 00:09:44,570 --> 00:09:46,470 An assault rifle is pointed at you. 134 00:09:47,330 --> 00:09:48,750 And then you remove all your clothes. 135 00:09:49,250 --> 00:09:53,410 Another officer looks inside your mouth, behind your testicles, and they shine a 136 00:09:53,410 --> 00:09:56,870 flashlight up your rectum. And this happens each and every time that you're 137 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. 151 00:10:29,770 --> 00:10:33,950 Two weeks ago, one of them killed himself by swallowing a showerhead. And 152 00:10:33,950 --> 00:10:34,949 they affect you? 153 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. 156 00:10:45,970 --> 00:10:48,070 I don't believe I'll be able to do that much longer. 157 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. 160 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? 162 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? 167 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? 169 00:11:17,760 --> 00:11:22,640 I melted down some candy wrappers, waited till they hardened into plastic, 170 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 171 00:11:26,640 --> 00:11:27,960 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. 174 00:11:34,400 --> 00:11:38,420 In both of these cases, my killing these men was necessary for my survival. I'll 175 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? 177 00:11:45,360 --> 00:11:47,940 If I'm such a security risk, then you should kill me. 178 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 181 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 187 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.