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00:00:01,000 --> 00:00:05,500
Doctor, did you have occasion to examine
Mr. Hicks on September 15, 1992?

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00:00:06,040 --> 00:00:07,090
Yes, I did.

3
00:00:07,400 --> 00:00:10,420
Would you tell us what that examination
revealed?

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00:00:10,421 --> 00:00:14,599
Mr. Hicks was suffering from multiple
contusions about the head and the face.

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00:00:14,600 --> 00:00:18,620
Both his neck and his right arm were
strained. What about the blood pressure?

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00:00:18,760 --> 00:00:22,919
Mr. Hicks. Did you observe anything
else, Doctor? His blood pressure was

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somewhat elevated.

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00:00:23,971 --> 00:00:26,479
And to what did Mr. Hicks attribute his
injuries?

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00:00:26,480 --> 00:00:28,920
He said that he was beaten up by Val
Bodine.

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00:00:28,921 --> 00:00:30,959
Did he tell you how this attack
occurred?

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

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00:00:35,780 --> 00:00:38,730
were the short -term consequences of Mr.
Hicks' injuries?

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00:00:38,800 --> 00:00:42,900
Stiffness, soreness. I believe that he
was out of work for about a week.

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00:00:43,220 --> 00:00:45,020
How about two weeks, Mr. Hicks?

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00:00:45,500 --> 00:00:50,180
What, if any, were the likely long -term
consequences of Mr. Hicks' injuries?

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00:00:50,520 --> 00:00:52,660
Some residual soreness is possible.

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00:00:53,560 --> 00:00:56,150
Sleeplessness, nervousness, a loss of
attention.

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00:00:56,700 --> 00:00:59,710
Any and all of these things are possible
long -term effects.

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00:00:59,880 --> 00:01:01,560
Thank you. I have nothing further?

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00:01:01,660 --> 00:01:04,540
Nothing further? Come on. Can't you get
this for $3 ,000?

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00:01:04,541 --> 00:01:05,979
You got nothing further?

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00:01:05,980 --> 00:01:07,400
Mr. Hicks, sit down.

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00:01:07,401 --> 00:01:11,539
You're taking money under false
pretenses. That's called stealing.

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00:01:11,540 --> 00:01:14,519
Mr. Hammond, you kindly advise your
client as to the manner in which he's to

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00:01:14,520 --> 00:01:17,759
conduct himself. Hang on, Your Honor.
I'm not going to take lessons in

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

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00:01:19,790 --> 00:01:21,989
You think I'm selling you down the
river, Ed? Yes, I think you're selling

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

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baseball star than you are with
providing me with adequate

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

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00:01:31,550 --> 00:01:35,169
Well, Your Honor, we have been through
delay after delay after delay. I can

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

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the effect.

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00:01:38,070 --> 00:01:40,480
Your Honor, we are now into the baseball
season.

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00:01:40,481 --> 00:01:43,629
My client's practice has been disrupted,
and his performance on the field is

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00:01:43,630 --> 00:01:44,309
being affected.

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00:01:44,310 --> 00:01:47,369
Mr. Hicks has been through four
different attorneys. Each time he gets a

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00:01:47,370 --> 00:01:49,099
one, he buys himself another delay.

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00:01:49,100 --> 00:01:50,660
Mr. Rawlins is absolutely right.

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00:01:50,780 --> 00:01:53,360
Mr. Hammond, I'm not going to allow you
to withdraw.

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00:01:53,600 --> 00:01:57,679
Your Honor, I cannot effectively
represent this man. Hey, Judge, how

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00:01:57,680 --> 00:01:58,719
represent myself?

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00:01:58,720 --> 00:02:01,620
Mr. Hicks, do you have legal background
of any kind?

44
00:02:01,840 --> 00:02:05,200
No, I do not. And you feel competent to
represent yourself?

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00:02:05,560 --> 00:02:07,480
I'm at least as competent as this idiot.

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00:02:07,481 --> 00:02:11,519
All right, Mr. Hicks. We'll adjourn for
now in order to give you an opportunity

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00:02:11,520 --> 00:02:12,570
to prepare.

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00:02:12,800 --> 00:02:17,919
Thank you, Your Honor. We'll resume
Wednesday morning at 10 a .m., and

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00:02:17,920 --> 00:02:19,120
prepared to proceed.

50
00:02:19,380 --> 00:02:20,430
Don't worry, Judge.

51
00:02:20,480 --> 00:02:21,530
I'll be ready.

52
00:02:22,040 --> 00:02:25,040
Hey, Mr. Rollins, now we got us a game.

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00:03:57,770 --> 00:03:58,820
Bye.

54
00:04:45,461 --> 00:04:50,129
How's everything going with the bar
exam, Gwen?

55
00:04:50,130 --> 00:04:53,809
Oh, it's okay. I'm taking this review
course with this guy, Tony Henderson.

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00:04:53,810 --> 00:04:58,869
I go to class every day, and I study
every night. I can attest to that. Are

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00:04:58,870 --> 00:05:00,590
taking enough time off from work?

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00:05:00,830 --> 00:05:01,970
Uh, yeah, I am.

59
00:05:02,250 --> 00:05:05,130
Plus, as the test gets closer, I'll be
paying back more.

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00:05:05,131 --> 00:05:08,449
Plus, most of the time that I'm here,
all I'm doing is studying.

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00:05:08,450 --> 00:05:11,910
Good. Don't be shy about asking for
help. Thanks. Shall we?

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00:05:12,130 --> 00:05:13,180
By all means.

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00:05:14,659 --> 00:05:19,040
Hicks versus Bodine. That's me. We are
representing Val Bodine. The ball

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00:05:19,220 --> 00:05:23,010
The ball player. A guy named Hicks had
been heckling him for an entire season.

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00:05:23,400 --> 00:05:27,179
Bodine went into the stands and
committed battery upon his person. The

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00:05:27,180 --> 00:05:28,860
offered Hicks $100 ,000 to settle.

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00:05:28,861 --> 00:05:29,959
Hicks refused.

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00:05:29,960 --> 00:05:33,599
He wanted his day in court. He hired and
fired five different lawyers, and now

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he's representing himself.

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Temporary insanity.

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No. Self -defense.

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

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That's what I'm doing.

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00:05:42,120 --> 00:05:43,740
And make sure we get some tickets.

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00:05:43,909 --> 00:05:46,250
Done. Salter versus Sunny Hill School.

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00:05:46,510 --> 00:05:50,569
That's mine. We represent Ben Salter.
He's a second grade teacher who was

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00:05:50,570 --> 00:05:52,610
accused of sexually molesting a student.

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00:05:52,611 --> 00:05:55,649
A male second grade teacher? What kind
of guy teaches second grade?

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00:05:55,650 --> 00:05:58,789
We're not representing child molesters,
are we, Anne? I said he was accused,

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

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00:06:01,610 --> 00:06:05,749
The school asked that he take something
called a penile plethysmograph before

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00:06:05,750 --> 00:06:06,800
they reinstate him.

83
00:06:06,960 --> 00:06:08,280
Oh, it sounded that.

84
00:06:08,520 --> 00:06:12,839
What is it? It's a machine that attaches
a wire to the male organ and measures

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00:06:12,840 --> 00:06:16,320
sexual arousal. Sounds like a clockwork
orange.

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00:06:16,321 --> 00:06:20,219
He refused to do it. You're convinced
there was no basis for the accusation?

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00:06:20,220 --> 00:06:21,259
charges were dropped.

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00:06:21,260 --> 00:06:24,579
Yeah, yeah. I understand, but that
doesn't necessarily mean he didn't do

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00:06:24,580 --> 00:06:25,660
this country, it does.

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00:06:27,840 --> 00:06:29,080
They attach a wire?

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00:06:30,750 --> 00:06:35,729
I keep telling myself, Gwen, there are
over 100 ,000 lawyers in the state of

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00:06:35,730 --> 00:06:39,249
California. Most of those people pass
the bar without having a nervous

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00:06:39,250 --> 00:06:41,660
breakdown. You can, too. You're going to
do great.

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00:06:42,950 --> 00:06:44,450
I don't know how I'm going to do.

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00:06:46,350 --> 00:06:47,400
Oh, you got work to do.

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00:06:47,401 --> 00:06:49,029
A little, yeah.

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00:06:49,030 --> 00:06:51,080
Okay. You're going to pass the test,
Gwen.

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00:06:52,790 --> 00:06:55,380
You've been pretty distant lately, you
know that?

99
00:06:56,610 --> 00:06:59,980
Nothing. It's not nothing, Daniel. It's
something. Tell me what it is.

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00:07:01,920 --> 00:07:03,180
I'm worried about my kid.

101
00:07:04,920 --> 00:07:08,530
I'm worried that she needs more of a
home life with me than she's getting.

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00:07:09,900 --> 00:07:13,280
And I'm worried that she needs more of a
constant female influence.

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00:07:15,620 --> 00:07:17,480
And I don't fit that description.

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

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00:07:21,191 --> 00:07:25,939
I can't discuss this right now. I've got
to study.

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Okay.

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I'll talk to you later.

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00:07:34,090 --> 00:07:35,350
What are the exceptions?

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Unavailability of the declarant,
previous testimony, statement against

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dying declarations, pedigree.

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00:07:43,110 --> 00:07:47,189
All right, we'll go into the specifics
of each tomorrow. Right now, I want to

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

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00:07:50,510 --> 00:07:53,550
I'm seeing the look of panic on a number
of faces.

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Panic isn't helpful.

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00:07:55,150 --> 00:07:56,650
Put down your pens.

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00:07:56,651 --> 00:08:00,629
There's a tremendous amount of
information you're going to have to

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

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

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the day, you need to forget about it.

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00:08:10,150 --> 00:08:13,630
Hey, you, stop writing. Just listen.

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00:08:13,631 --> 00:08:16,389
There are going to be questions on this
test you will get wrong. It makes

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

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you pass.

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Panic will not make you pass.

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Panic will make you fail.

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Don't panic.

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Eat well.

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00:08:27,890 --> 00:08:28,940
Have great sex.

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00:08:29,870 --> 00:08:32,520
Get a good night's sleep. I'll see you
tomorrow night.

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00:08:36,650 --> 00:08:41,308
Hey, Joe, do you understand the parole
evidence rule? All prior or contemporary

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

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one.

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00:08:46,430 --> 00:08:47,510
You want to get a beer?

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00:08:47,550 --> 00:08:51,729
Get a beer? Do I have to study? I've
studied enough for one day. Why is it I

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never feel that way? All you have to do
is understand what they're looking for

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00:08:55,030 --> 00:08:56,080
and give it to them.

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00:08:56,120 --> 00:08:57,700
It's a test. It's no big deal.

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00:09:08,100 --> 00:09:11,040
I taught second grade at Sunny Hill
School for six years.

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00:09:11,340 --> 00:09:13,510
What reason was given for your
dismissal?

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00:09:14,060 --> 00:09:17,560
I refused to take a penile plasmagraph
test.

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00:09:17,820 --> 00:09:20,100
What is a penile plasmagraph test?

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00:09:20,920 --> 00:09:25,359
They attach a metal ring to your penis
and measure your response to pictures of

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naked children.

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00:09:26,220 --> 00:09:28,079
Why were you asked to take such a test?

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00:09:28,080 --> 00:09:30,399
I'd been accused of molesting an eight
-year -old boy.

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00:09:30,400 --> 00:09:31,279
Did you?

147
00:09:31,280 --> 00:09:32,330
No.

148
00:09:32,700 --> 00:09:35,720
How did you first learn that this
accusation had been made?

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00:09:36,060 --> 00:09:40,699
Six police officers came to the school,
and in front of students and faculty, I

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00:09:40,700 --> 00:09:41,900
was placed under arrest.

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00:09:41,901 --> 00:09:45,319
Were you convicted of the crime of child
molestation? No, I was never tried for

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00:09:45,320 --> 00:09:48,750
the crime of child molestation. The
charges were dropped for lack of

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00:09:48,751 --> 00:09:52,879
What position did the administration at
Sunny Hills School take regarding your

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00:09:52,880 --> 00:09:56,999
employment there? Well, they said they
were happy and relieved and anxious to

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00:09:57,000 --> 00:09:58,680
have me back there teaching again.

156
00:09:58,681 --> 00:10:02,159
They said they knew right along that I
was innocent, but unfortunately there

157
00:10:02,160 --> 00:10:05,639
were some lingering doubts among some of
the parents, and they asked me if I

158
00:10:05,640 --> 00:10:07,219
would help put those doubts to rest.

159
00:10:07,220 --> 00:10:08,840
How did they suggest you do that?

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00:10:08,841 --> 00:10:11,479
First, they asked me to take a lie
detector test.

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00:10:11,480 --> 00:10:12,620
Did you agree to do so?

162
00:10:12,920 --> 00:10:14,640
Yes, I did. What was the result?

163
00:10:14,641 --> 00:10:15,819
I passed.

164
00:10:15,820 --> 00:10:18,550
What? If anything, did they ask you to
do next?

165
00:10:19,550 --> 00:10:22,080
They asked me to be interviewed by a
psychiatrist.

166
00:10:22,410 --> 00:10:23,610
Did you agree to do that?

167
00:10:23,611 --> 00:10:26,769
Yes, I was interviewed on five separate
occasions, and to the best of my

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00:10:26,770 --> 00:10:28,409
knowledge, I was pronounced normal.

169
00:10:28,410 --> 00:10:31,229
Did that suffice for the administration
of Sunny Hill School?

170
00:10:31,230 --> 00:10:36,449
No. They then asked that I take a
penoplethysmograph test, and when I

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00:10:36,450 --> 00:10:37,500
was dismissed.

172
00:10:37,590 --> 00:10:38,640
Why did you refuse?

173
00:10:39,950 --> 00:10:42,970
Because enough is enough.

174
00:10:43,790 --> 00:10:47,010
At some point, I had to reclaim a little
bit of dignity.

175
00:10:47,011 --> 00:10:50,129
That's what I did, and that's what I was
fired for.

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00:10:50,130 --> 00:10:51,890
Thank you. I have nothing further.

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00:10:53,690 --> 00:10:58,150
Do you have children of your own, Mr.
Salter? No, I do not. Well, if you did,

178
00:10:58,230 --> 00:11:01,720
how would you feel about them being
placed in the care of a pedophile?

179
00:11:01,990 --> 00:11:03,630
I am not a pedophile.

180
00:11:03,830 --> 00:11:05,970
No, no. No, I'm not saying that you are.

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00:11:05,971 --> 00:11:10,389
I'm asking you, how would you feel about
your own child, assuming that you had

182
00:11:10,390 --> 00:11:12,490
one, being taken care of by a pedophile?

183
00:11:12,491 --> 00:11:16,579
I would not allow my child to be taken
care of by a pedophile. Well, then my

184
00:11:16,580 --> 00:11:20,739
question to you, sir, is simply this.
Shouldn't a school do everything it can

185
00:11:20,740 --> 00:11:21,939
stop that from happening?

186
00:11:21,940 --> 00:11:22,799
Not this.

187
00:11:22,800 --> 00:11:23,759
Why not this?

188
00:11:23,760 --> 00:11:26,800
Because I'm not a laboratory rat. That's
why not.

189
00:11:26,801 --> 00:11:31,299
I'm a human being. You're a human being
that was accused of being a pedophile.

190
00:11:31,300 --> 00:11:32,439
Those charges were dropped.

191
00:11:32,440 --> 00:11:33,559
That's right. They were dropped.

192
00:11:33,560 --> 00:11:36,079
They were never disproved. They were
dropped. Objection. I thought you were

193
00:11:36,080 --> 00:11:38,679
innocent until proven guilty in this
country. I thought charges had to be

194
00:11:38,680 --> 00:11:41,720
proved, not disproved. I'm curious about
something. You...

195
00:11:41,950 --> 00:11:46,409
Agreed to a lie detector test. You
agreed to a psychological profile. Why

196
00:11:46,410 --> 00:11:52,329
you not agree to the placismograph test?
Because I wouldn't strip naked and have

197
00:11:52,330 --> 00:11:54,090
wires attached to my genitals.

198
00:11:55,300 --> 00:11:59,299
because I felt that it was my right as a
citizen of this country not to be

199
00:11:59,300 --> 00:12:02,499
forced to do that? It wouldn't be
because you were afraid of what might

200
00:12:02,500 --> 00:12:05,679
would it? No. It wouldn't be because you
were afraid that when photographs of

201
00:12:05,680 --> 00:12:09,560
naked young boys were put in front of
you, that your genitals would betray

202
00:12:09,561 --> 00:12:11,559
Objection. He's already answered the
question.

203
00:12:11,560 --> 00:12:14,479
Wouldn't it be that the penis doesn't
lie? Your Honor. Mr. Colquitt, you will

204
00:12:14,480 --> 00:12:16,200
stop badgering this witness.

205
00:12:17,660 --> 00:12:22,759
Sir. I have never molested a child in my
life. I have never wanted to molest a

206
00:12:22,760 --> 00:12:27,319
child. Now, unless and until somebody
proves that I'm lying, I don't want to

207
00:12:27,320 --> 00:12:28,370
take any more tests.

208
00:12:28,680 --> 00:12:33,920
I want my job back, I want my name back,
and I want to be left alone.

209
00:12:41,720 --> 00:12:45,900
Question. Where were you on the
afternoon of September 15, 1992?

210
00:12:46,820 --> 00:12:49,420
Answer. I was in the ballpark sitting in
my seat.

211
00:12:50,720 --> 00:12:52,820
Question. What were you doing there?

212
00:12:53,200 --> 00:12:55,300
Answer. I was watching a ball game.

213
00:12:55,301 --> 00:12:59,179
Mr. Hicks, it's really not necessary to
keep saying question and answer.

214
00:12:59,180 --> 00:13:00,440
Whatever you want, Judge.

215
00:13:00,441 --> 00:13:02,139
What was Mr.

216
00:13:02,140 --> 00:13:03,520
Bodine doing that day?

217
00:13:04,120 --> 00:13:05,500
He was playing left field.

218
00:13:06,500 --> 00:13:08,280
Did you say anything to him?

219
00:13:08,580 --> 00:13:10,580
Oh, yes, I did. What did I say?

220
00:13:11,310 --> 00:13:12,510
I said a lot of things.

221
00:13:13,030 --> 00:13:17,669
I commented on his fielding, such as it
is. He'd throw rainbows. He never

222
00:13:17,670 --> 00:13:21,850
figured it out. The shortest distance
between two points is a straight line.

223
00:13:22,210 --> 00:13:26,609
I commented on his propensity to swing
at bad pitches, to strike out in clutch

224
00:13:26,610 --> 00:13:31,149
situations. Objection, Your Honor. Sit
down. Mr. Hicks, I'll run the courtroom

225
00:13:31,150 --> 00:13:32,200
if you don't mind.

226
00:13:33,150 --> 00:13:34,710
And the objection is sustained.

227
00:13:34,930 --> 00:13:38,450
Mr. Bodine's performance isn't relevant
to these proceedings.

228
00:13:41,000 --> 00:13:42,280
Did you use profanity?

229
00:13:42,760 --> 00:13:44,040
No, I did not.

230
00:13:44,280 --> 00:13:46,120
I make it a point not to.

231
00:13:46,680 --> 00:13:51,220
What did Val Bodine do upon hearing my
remarks, Mr. Hicks?

232
00:13:51,221 --> 00:13:54,839
Around the fifth inning, he comes
charging up into the stands and assaults

233
00:13:54,840 --> 00:13:55,890
Did I fight back?

234
00:13:55,980 --> 00:14:01,359
No, I did not. Why did you not fight
back, Mr. Hicks? I was overmatched in

235
00:14:01,360 --> 00:14:02,410
and strength.

236
00:14:02,420 --> 00:14:04,340
What injuries did you sustain?

237
00:14:04,840 --> 00:14:07,920
Both eyes swollen, shot a head that
looked like a pumpkin?

238
00:14:07,921 --> 00:14:11,399
In that I'm a shoe salesman. I deal with
the public. I was unable to work for

239
00:14:11,400 --> 00:14:12,450
some two weeks.

240
00:14:12,860 --> 00:14:17,879
And I was also left a little frightened,
shaken up, given the fact that my 11

241
00:14:17,880 --> 00:14:21,339
-year -old son had just returned from
buying a hot dog. It's hard to see his

242
00:14:21,340 --> 00:14:24,580
father beaten up. I felt deeply
humiliated.

243
00:14:28,240 --> 00:14:30,860
Well, I have no further questions.

244
00:14:33,160 --> 00:14:37,420
How many games had you attended in the
1992 season by September the 15th, Mr.

245
00:14:37,421 --> 00:14:39,779
Hicks? Every time there was a home game,
I was there.

246
00:14:39,780 --> 00:14:43,499
Isn't it a fact, sir, that at each and
every one of those games, you made

247
00:14:43,500 --> 00:14:45,620
continuous denigrating remarks to Mr.

248
00:14:45,621 --> 00:14:49,219
Bodine? Yeah, I got something on my
mind. I say it. You're allowed to do

249
00:14:49,220 --> 00:14:51,499
the U .S. of A. You made remarks about
his fielding.

250
00:14:51,500 --> 00:14:54,419
You made remarks about its hitting. I'm
a student of the game. My observations

251
00:14:54,420 --> 00:14:57,259
happen to have some merit. But your
observations weren't limited to the

252
00:14:57,260 --> 00:15:00,499
were they? In what way weren't they? Did
you make remarks about the failure of a

253
00:15:00,500 --> 00:15:03,599
restaurant that Mr. Bodine had invested
in? It was in all the papers. That's not

254
00:15:03,600 --> 00:15:05,459
like I'm giving away any state secrets.

255
00:15:05,460 --> 00:15:09,139
You also saw fit to harangue Mr. Bodine
about a paternity suit he was involved

256
00:15:09,140 --> 00:15:12,930
in, didn't you? That paternity suit took
40 points off his batting average.

257
00:15:12,931 --> 00:15:16,659
You were somewhat fixated by Val Bodine,
weren't you, Mr. Hicks? I was paying

258
00:15:16,660 --> 00:15:19,419
attention. Isn't what you did a little
more than that, sir?

259
00:15:19,420 --> 00:15:23,299
Isn't what you did to have kept up a
nonstop barrage of verbal abuse,

260
00:15:23,300 --> 00:15:27,379
and baiting this man until on September
15th you finally provoked him into

261
00:15:27,380 --> 00:15:28,299
making a response?

262
00:15:28,300 --> 00:15:30,220
He's wasting his God -given talent.

263
00:15:30,700 --> 00:15:35,079
That's a sin by me. Look, I followed
this guy's career going back to the day

264
00:15:35,080 --> 00:15:36,579
they brought him up from the minors.

265
00:15:36,580 --> 00:15:39,640
I tell the whole world, this guy's it.

266
00:15:40,300 --> 00:15:43,720
This guy, he's the difference between
having and hoping.

267
00:15:43,940 --> 00:15:46,280
I stood by him because I saw something
in him.

268
00:15:46,780 --> 00:15:47,980
My kid liked him.

269
00:15:48,360 --> 00:15:51,560
I liked him. We picked him as our guy.

270
00:15:51,940 --> 00:15:55,919
And when he didn't live up to that, you
let him know. This lucky bastard makes

271
00:15:55,920 --> 00:15:59,299
more money playing nine innings of
baseball than I do selling shoes for six

272
00:15:59,300 --> 00:16:01,140
months. You bet I told him.

273
00:16:04,080 --> 00:16:05,640
I don't know further questions.

274
00:16:11,680 --> 00:16:14,270
Doctor, would you tell us your field of
expertise?

275
00:16:14,300 --> 00:16:17,910
I'm a psychiatrist specializing in the
treatment of sexual disorders.

276
00:16:17,911 --> 00:16:22,099
Did you have occasion to interview the
plaintiff? Yes, I did. Would you tell us

277
00:16:22,100 --> 00:16:25,719
what, if any, conclusions you reached
regarding his sexual orientation?

278
00:16:25,720 --> 00:16:30,699
I found Mr. Salter to be both
heterosexual and age -appropriate in his

279
00:16:30,700 --> 00:16:31,900
and sexual development.

280
00:16:31,901 --> 00:16:34,119
Doctor, are you familiar with this
machine?

281
00:16:34,120 --> 00:16:36,770
Yes, I am. Would you tell us what it is
and what it does?

282
00:16:37,140 --> 00:16:38,980
It's a penile plethysmograph.

283
00:16:39,480 --> 00:16:44,119
It measures the degree of arousal a man
undergoes when presented with various

284
00:16:44,120 --> 00:16:46,820
stimuli, both visual and auditory.

285
00:16:47,150 --> 00:16:51,630
It operates by the use of a strain gauge
placed around the shaft of the penis.

286
00:16:51,950 --> 00:16:56,150
In your opinion, doctor, was its use on
this man indicated?

287
00:16:56,510 --> 00:16:59,530
It most decidedly was not indicated.

288
00:17:00,010 --> 00:17:04,649
And why do you say that? Because far
less intrusive and, in my opinion, far

289
00:17:04,650 --> 00:17:09,450
reliable diagnostic techniques told you
all you needed to know about this man.

290
00:17:09,670 --> 00:17:12,530
Simply put, he is not a pedophile.

291
00:17:12,531 --> 00:17:16,789
Doctor, in your opinion, does Ben Salter
represent a threat to the children who

292
00:17:16,790 --> 00:17:17,930
are placed in his care?

293
00:17:18,069 --> 00:17:19,119
Absolutely not.

294
00:17:19,329 --> 00:17:20,949
Thank you. I have nothing further.

295
00:17:24,950 --> 00:17:29,449
Tell us, Doctor, is there ever an
occasion when a penile plethysmograph

296
00:17:29,450 --> 00:17:33,669
indicated? If you're trying to determine
an appropriate treatment modality, if

297
00:17:33,670 --> 00:17:36,140
you're designing some sort of aversion
therapy.

298
00:17:36,280 --> 00:17:40,779
or if the results of other diagnostic
techniques are inconclusive. But the

299
00:17:40,780 --> 00:17:45,899
results of your diagnostic techniques
were conclusive. That's right. Doctor,

300
00:17:45,900 --> 00:17:49,510
administered various psychological tests
to Ben Salter, did you not?

301
00:17:49,680 --> 00:17:54,139
Yes, I did. And these tests were
voluntary, were they not, Doctor? You

302
00:17:54,140 --> 00:17:56,839
question, he thought about it, and he
gave you an answer.

303
00:17:56,840 --> 00:18:02,020
That's right. The penile plethysmograph
test measures an involuntary response,

304
00:18:02,021 --> 00:18:03,079
doesn't it, Doctor?

305
00:18:03,080 --> 00:18:07,699
Yes. So when the school's clinician got
to the only test that Ben Salter

306
00:18:07,700 --> 00:18:12,519
couldn't fake and he backs off, doesn't
that raise the tiniest question in your

307
00:18:12,520 --> 00:18:15,280
mind about how conclusive your diagnosis
is?

308
00:18:15,580 --> 00:18:19,719
He stated his reasons, and I agree with
him. Is it possible that Ben Salter

309
00:18:19,720 --> 00:18:20,899
could have fooled you, Doctor?

310
00:18:20,900 --> 00:18:23,920
I've been practicing for a long time,
Mr. Colquitt.

311
00:18:24,600 --> 00:18:25,650
It's not likely.

312
00:18:25,960 --> 00:18:28,420
I asked you whether or not it were
possible.

313
00:18:32,330 --> 00:18:33,410
Anything's possible.

314
00:18:34,970 --> 00:18:36,350
That's what we're afraid of.

315
00:18:36,490 --> 00:18:38,600
I have nothing further, Doctor. Thank
you.

316
00:18:41,550 --> 00:18:42,600
Hey, Gwen.

317
00:18:43,090 --> 00:18:44,470
How's the bar review going?

318
00:18:44,650 --> 00:18:45,700
Fine.

319
00:18:45,890 --> 00:18:47,090
Handling the pressure?

320
00:18:49,470 --> 00:18:51,710
Hey, you all right?

321
00:18:51,711 --> 00:18:55,869
Every minute I'm awake, all I want to do
is sleep.

322
00:18:55,870 --> 00:18:59,129
Every minute I try and sleep, I lie in
bed, my eyes wide open, trying the hell

323
00:18:59,130 --> 00:19:04,309
to understand collateral estoppel or
prior restraint or the rule against

324
00:19:04,310 --> 00:19:07,149
perpetuity. Do you understand the rule
against perpetuity?

325
00:19:07,150 --> 00:19:08,490
No. Oh, great.

326
00:19:08,491 --> 00:19:10,149
Nobody does.

327
00:19:10,150 --> 00:19:12,310
How does anybody pass the bar exam?

328
00:19:12,311 --> 00:19:15,089
Quinn, you can't get hung up on what you
don't know. You don't have to know

329
00:19:15,090 --> 00:19:16,140
everything. Right.

330
00:19:16,350 --> 00:19:17,400
Just enough to pass.

331
00:19:18,350 --> 00:19:19,400
That's right.

332
00:19:19,401 --> 00:19:23,629
I don't know, Arnie. Why did I ever
think I could be a lawyer? What kind of

333
00:19:23,630 --> 00:19:24,710
bright idea was that?

334
00:19:24,870 --> 00:19:26,220
Hey. Come on.

335
00:19:26,440 --> 00:19:29,510
I mean, no, no, really. Did my parents
want me to be a lawyer? No.

336
00:19:29,511 --> 00:19:32,999
Did I grow up watching To Kill a
Mockingbird and thrill to the knowledge

337
00:19:33,000 --> 00:19:34,620
could be the next Atticus Finch?

338
00:19:34,960 --> 00:19:38,999
No. I don't even remember deciding I
wanted to go to law school. I don't

339
00:19:39,000 --> 00:19:41,419
remember that. What's the worst thing
that can happen?

340
00:19:41,420 --> 00:19:42,359
You fail.

341
00:19:42,360 --> 00:19:43,299
So what?

342
00:19:43,300 --> 00:19:46,659
I failed the first time I took the exam.
You can take it as many times as you

343
00:19:46,660 --> 00:19:47,710
want.

344
00:19:48,100 --> 00:19:51,320
I don't think I could survive going
through this one more time.

345
00:19:51,901 --> 00:19:59,049
What was your reaction when you first
heard that Ben Salter was accused of

346
00:19:59,050 --> 00:20:00,490
sexually molesting a child?

347
00:20:01,090 --> 00:20:02,140
Shock.

348
00:20:02,450 --> 00:20:03,710
Complete and utter shock.

349
00:20:04,630 --> 00:20:07,220
This, after all, was someone I
considered a friend.

350
00:20:07,221 --> 00:20:08,249
What did you do?

351
00:20:08,250 --> 00:20:11,709
Pending the resolution of the criminal
charges, I suspended him. When the

352
00:20:11,710 --> 00:20:14,969
charges were dropped, I called him into
my office to map out a plan for his

353
00:20:14,970 --> 00:20:16,890
reinstatement. Why did you need a plan?

354
00:20:17,270 --> 00:20:19,170
Why didn't you just reinstate him?

355
00:20:19,810 --> 00:20:22,830
There was a lot of concern on the part
of the parents.

356
00:20:22,831 --> 00:20:24,059
That's why.

357
00:20:24,060 --> 00:20:26,159
How did you seek to address that
concern?

358
00:20:26,160 --> 00:20:29,779
By conducting our own investigation of
Ben, and then by being able to go to the

359
00:20:29,780 --> 00:20:31,939
parents and say he got a clean bill of
health.

360
00:20:31,940 --> 00:20:36,019
And did Mr. Salter indicate to you that
he was willing to cooperate with such an

361
00:20:36,020 --> 00:20:37,640
examination? Yes, he did.

362
00:20:37,920 --> 00:20:39,180
And did he in fact do so?

363
00:20:39,420 --> 00:20:40,760
Up to a point, he did.

364
00:20:41,120 --> 00:20:44,580
When it came time to use the
plethysmograph, he refused.

365
00:20:45,520 --> 00:20:47,580
I had no choice but to fire him.

366
00:20:47,581 --> 00:20:52,029
Would you tell the court why you felt
that to be the case?

367
00:20:52,030 --> 00:20:56,069
The question had been raised as to the
advisability of letting Ben be around

368
00:20:56,070 --> 00:21:00,170
children. That question had to be
settled, and it had to be settled by

369
00:21:00,410 --> 00:21:01,790
I have no further questions.

370
00:21:02,410 --> 00:21:06,020
I assume you were relieved when the
charges were dropped, were you not?

371
00:21:06,021 --> 00:21:07,629
Profoundly relieved.

372
00:21:07,630 --> 00:21:10,570
You just had the problem of those
parents to deal with.

373
00:21:11,030 --> 00:21:15,009
That's right. Had any of the parents
actually communicated their concern over

374
00:21:15,010 --> 00:21:18,509
Mr. Salter's reinstatement? If I had
reinstated him, I would have heard from

375
00:21:18,510 --> 00:21:20,070
them. Believe me.

376
00:21:20,670 --> 00:21:24,610
These people pay $7 ,000 a year to put
their kids in our school.

377
00:21:24,611 --> 00:21:27,869
And you figure that entitled them to
have a wire hooked up to this man's

378
00:21:27,870 --> 00:21:28,920
genitals, right?

379
00:21:29,030 --> 00:21:33,449
Objection. Sustained. What other
requirements would you be willing to

380
00:21:33,450 --> 00:21:36,110
your faculty in an effort to please the
parents?

381
00:21:36,111 --> 00:21:37,529
I don't know what you mean.

382
00:21:37,530 --> 00:21:40,149
What if there were a teacher that
someone suspected of being gay?

383
00:21:40,150 --> 00:21:43,770
Being gay isn't a crime. What crime did
Ben Salter commit?

384
00:21:44,030 --> 00:21:45,850
He was accused of molesting a child.

385
00:21:46,050 --> 00:21:47,100
What crime?

386
00:21:47,500 --> 00:21:48,550
Did he commit?

387
00:21:48,551 --> 00:21:50,879
So far as we know, he didn't commit any
crime.

388
00:21:50,880 --> 00:21:53,059
Then why were you treating him like a
criminal?

389
00:21:53,060 --> 00:21:57,719
I was doing my job as headmaster by
protecting our students and the school

390
00:21:57,720 --> 00:21:58,770
which I was employed.

391
00:21:58,780 --> 00:22:03,519
What were you protecting the school
from, Mr. Hollis? From the possibility

392
00:22:03,520 --> 00:22:08,079
being sued in case Ben Salter did commit
a crime, in case he wasn't age

393
00:22:08,080 --> 00:22:10,140
-appropriate in his sexual orientation.

394
00:22:10,141 --> 00:22:14,319
In other words, this was a legal
strategy, wasn't it? You were preparing

395
00:22:14,320 --> 00:22:17,539
lawsuit, and you wanted to be able to
say, if anything happened, that it was

396
00:22:17,540 --> 00:22:19,140
machine's fault and not yours.

397
00:22:19,141 --> 00:22:22,859
I think that way because I have to think
that way. Because lawyers like you make

398
00:22:22,860 --> 00:22:27,100
me think that way. You had a prosecutor
dismiss the charges against this man.

399
00:22:27,200 --> 00:22:31,499
You had a lie detector test and a
psychiatric evaluation. Both conclude

400
00:22:31,500 --> 00:22:32,620
was not a pedophile.

401
00:22:32,940 --> 00:22:35,920
And still, that wasn't enough for you.
No, it wasn't.

402
00:22:35,921 --> 00:22:39,239
And it wouldn't have been enough for
anyone in my position.

403
00:22:39,240 --> 00:22:41,379
Most schools would have dropped him on
his head.

404
00:22:41,380 --> 00:22:45,719
I'm bending over backwards to give him
back his job. I'm spending a fortune to

405
00:22:45,720 --> 00:22:49,919
employ state -of -the -art technology,
and he wants to pick and choose what he

406
00:22:49,920 --> 00:22:51,020
will and will not do?

407
00:22:51,680 --> 00:22:54,680
He's lucky. I'm willing to strap him up
to that machine.

408
00:22:56,440 --> 00:22:58,910
Thank you, Mr. Hollis. I have no further
questions.

409
00:23:20,430 --> 00:23:23,920
Describe for us, if you will, Mr.
Bodine, the first time you noticed Ed

410
00:23:24,030 --> 00:23:26,850
It was the opening day of the 1992
season.

411
00:23:27,210 --> 00:23:30,470
He was yelling at me for the mistakes he
said I made back in 1991.

412
00:23:30,471 --> 00:23:32,629
I was supposed to pretend they didn't
happen?

413
00:23:32,630 --> 00:23:33,669
Mr. Hicks.

414
00:23:33,670 --> 00:23:37,590
Yeah. How was it that you were able to
tell from whom those remarks were

415
00:23:37,591 --> 00:23:38,929
How could I tell?

416
00:23:38,930 --> 00:23:41,330
Yeah. When other people sat down, he
stood up.

417
00:23:42,410 --> 00:23:44,750
When other people got quiet, he got
loud.

418
00:23:45,030 --> 00:23:47,140
When other people got loud, he got
louder.

419
00:23:47,141 --> 00:23:50,709
He couldn't help but notice this guy.
And did his behavior continue in a

420
00:23:50,710 --> 00:23:52,150
fashion beyond opening day?

421
00:23:52,151 --> 00:23:53,549
Yeah, how about all season long?

422
00:23:53,550 --> 00:23:57,769
What was it that caused you to go into
the stand and physically assault Ed

423
00:23:57,770 --> 00:24:01,190
Hicks? I just settled this paternity
suit, and it was painful.

424
00:24:01,870 --> 00:24:02,920
It was messy.

425
00:24:02,921 --> 00:24:07,309
And even though it was in the papers,
when he mentioned it, I went nuts. I had

426
00:24:07,310 --> 00:24:09,770
to listen to his voice for five and a
half months.

427
00:24:10,070 --> 00:24:14,710
Now, I'm sorry that it happened, but
hearing him talk about my personal

428
00:24:14,711 --> 00:24:17,329
On that particular day, it was more than
I could take.

429
00:24:17,330 --> 00:24:18,470
I have nothing further.

430
00:24:18,471 --> 00:24:22,769
How much money did you make last year,
Val?

431
00:24:22,770 --> 00:24:26,010
Objection. Irrelevant. Hey, Judge, is it
irrelevant to them?

432
00:24:26,610 --> 00:24:29,470
I'm going to allow it. Hey, way to go,
Judge.

433
00:24:29,471 --> 00:24:31,229
Excuse me.

434
00:24:31,230 --> 00:24:33,430
How much, Val? I made 2 .2 million.

435
00:24:33,690 --> 00:24:35,130
2 .2 million?

436
00:24:35,930 --> 00:24:39,470
How much is that per game, do you know?

437
00:24:39,670 --> 00:24:41,600
No, I don't know. Well, let's look it
up.

438
00:24:43,050 --> 00:24:45,810
162 games into 2 .2 million.

439
00:24:46,430 --> 00:24:51,870
That's, whoa, it's a little more than
$13 ,580.

440
00:24:52,530 --> 00:24:56,490
There are probably 150 other guys in
this league who make more money than I

441
00:24:56,590 --> 00:24:59,120
Really? It's probably 400 who had a
better season.

442
00:24:59,270 --> 00:25:02,340
I was hurt. You were hurt? So what were
you doing playing hurt?

443
00:25:02,341 --> 00:25:05,529
I mean, who were you helping? Objection,
Your Honor. Sustained. We're not here

444
00:25:05,530 --> 00:25:08,490
to discuss Mr. Bodine's performance on
the field, Mr. Hicks.

445
00:25:08,810 --> 00:25:10,010
Understood, Your Honor.

446
00:25:10,090 --> 00:25:13,160
Do you know you were called out on
strikes 24 times last year?

447
00:25:13,161 --> 00:25:14,329
Objection. Mr.

448
00:25:14,330 --> 00:25:16,489
Hicks. There were some bad calls in
there, Mr.

449
00:25:16,490 --> 00:25:20,470
Hicks. Let's not start crying about the
ump now. Do me a favor. Gentlemen,

450
00:25:20,471 --> 00:25:23,849
enough. If you want to argue the fine
points of baseball, do it on your own

451
00:25:23,850 --> 00:25:24,900
time.

452
00:25:31,750 --> 00:25:35,730
Why did you hit me, Val?

453
00:25:35,950 --> 00:25:39,560
I hit you because you wouldn't shut up.
Why'd you hit me in front of my kid?

454
00:25:40,490 --> 00:25:42,130
I'm sorry. I didn't see your kid.

455
00:25:43,750 --> 00:25:44,950
Let me ask you something.

456
00:25:46,230 --> 00:25:50,889
Do you ever listen to what I'm saying? I
can't help listening to it. You can't

457
00:25:50,890 --> 00:25:51,789
help hearing.

458
00:25:51,790 --> 00:25:54,670
What I'm asking is, do you ever listen?
Look it.

459
00:25:55,470 --> 00:25:57,310
I've got a manager. I've got coaches.

460
00:25:57,590 --> 00:25:58,640
I've got teammates.

461
00:25:58,850 --> 00:26:00,470
I've got people. I've got friends.

462
00:26:00,471 --> 00:26:03,289
I've got enough people to listen to who
actually know what they're talking

463
00:26:03,290 --> 00:26:04,970
about. I don't need to listen to you.

464
00:26:11,639 --> 00:26:15,360
My son came home from school, and right
away I knew something was wrong.

465
00:26:15,740 --> 00:26:16,790
How did you know?

466
00:26:17,680 --> 00:26:20,440
Well, because I'm his mother, mothers
know.

467
00:26:20,720 --> 00:26:25,739
What, if anything, did you do? I talked
to him. It took a while, but he finally

468
00:26:25,740 --> 00:26:26,820
told me what was wrong.

469
00:26:27,040 --> 00:26:31,560
He told me that his teacher, Ben Salter,
had molested him. Objection. Hearsay.

470
00:26:31,600 --> 00:26:35,580
This is being used to demonstrate the
state of mind of the witness, Your

471
00:26:35,581 --> 00:26:36,699
I'll allow it.

472
00:26:36,700 --> 00:26:39,759
Your Honor, I want the jury instructed
that this statement by the witness's

473
00:26:39,760 --> 00:26:43,139
child is being admitted solely to
demonstrate the witness's state of mind

474
00:26:43,140 --> 00:26:45,660
should not be taken as fact. The jury is
so advised.

475
00:26:47,040 --> 00:26:49,520
What, if anything, did you do?

476
00:26:50,440 --> 00:26:54,799
First, I called the police, and then I
called the school. And you continue to

477
00:26:54,800 --> 00:26:57,560
believe that your child was molested by
this man?

478
00:26:58,320 --> 00:27:02,899
Yes, I do. Despite the fact that the
district attorney's office found there

479
00:27:02,900 --> 00:27:06,839
be insufficient evidence to proceed to
trial. District attorneys often find

480
00:27:06,840 --> 00:27:09,070
insufficient evidence to proceed to
trial.

481
00:27:09,100 --> 00:27:12,060
But that does not shake my conviction
one iota.

482
00:27:12,980 --> 00:27:14,580
I believe my child.

483
00:27:15,780 --> 00:27:16,920
I have nothing further.

484
00:27:19,340 --> 00:27:22,890
Had your son ever been sexually
assaulted prior to that day at school?

485
00:27:22,891 --> 00:27:26,239
Objection. Irrelevant. It's being
offered to demonstrate the witness's

486
00:27:26,240 --> 00:27:28,100
mind. I'll allow it. Had he?

487
00:27:29,020 --> 00:27:31,480
Yes. Who was it that molested him that
time?

488
00:27:31,880 --> 00:27:36,059
His father, my ex -husband. You first
accused your ex -husband of sexual

489
00:27:36,060 --> 00:27:38,959
molestation while the two of you were in
the middle of a divorce. Isn't that

490
00:27:38,960 --> 00:27:40,020
right? Yes, I did.

491
00:27:40,300 --> 00:27:42,920
That was one of the reasons he and I got
a divorce.

492
00:27:43,220 --> 00:27:46,760
Tell us, was he ever tried for the crime
of sexual molestation?

493
00:27:47,060 --> 00:27:48,820
No, he wasn't. Why was that?

494
00:27:49,340 --> 00:27:52,470
The district attorney felt there was
insufficient evidence.

495
00:27:52,840 --> 00:27:55,540
Do you think that means that I'm crazy?

496
00:27:55,541 --> 00:27:58,959
Ask that the witness confine her remarks
to answering the questions she's being

497
00:27:58,960 --> 00:28:02,639
asked. The witness will refrain from
engaging in colloquy with plaintiff

498
00:28:02,640 --> 00:28:05,960
counsel. Does your son's father have
visitation rights?

499
00:28:06,820 --> 00:28:07,870
Yes, he does.

500
00:28:07,871 --> 00:28:10,359
Does he have unsupervised visitation
rights?

501
00:28:10,360 --> 00:28:13,919
Yes. It's safe to assume, then, is it
not, that there was not only

502
00:28:13,920 --> 00:28:17,899
evidence to support a criminal
prosecution, there was insufficient

503
00:28:17,900 --> 00:28:21,059
prevent him from being alone with the
child you claim he molested. You can be

504
00:28:21,060 --> 00:28:25,059
sure that if it were up to me, that
wouldn't be the case. Was it you or your

505
00:28:25,060 --> 00:28:28,219
-husband who wanted to keep your son
enrolled at Sunny Hills? That doesn't

506
00:28:28,220 --> 00:28:31,039
anything to do with this. Ask that the
witness be directed to answer the

507
00:28:31,040 --> 00:28:34,779
question. It was him. Your husband got
to keep the house in Brentwood, didn't

508
00:28:34,780 --> 00:28:35,830
he? Objection!

509
00:28:36,040 --> 00:28:40,189
Overruled. It was his before we got
married. You wanted to enroll your son

510
00:28:40,190 --> 00:28:44,109
school that was close to where you
lived, close to where you had to move to

511
00:28:44,110 --> 00:28:46,929
because you couldn't afford a house in
Brentwood. You were the one that had to

512
00:28:46,930 --> 00:28:49,889
pick him up. You were the one that had
to take him to school. And the judge who

513
00:28:49,890 --> 00:28:53,589
presided over your divorce required you
to keep him in Sunny Hills. The judge

514
00:28:53,590 --> 00:28:56,749
listened to your husband about that just
the way you listen to your husband

515
00:28:56,750 --> 00:28:58,889
about everything else. Do you think I
made it up?

516
00:28:58,890 --> 00:29:01,310
Do you think I made this whole thing up?

517
00:29:02,190 --> 00:29:03,240
These things happen.

518
00:29:04,300 --> 00:29:08,119
People's lives are ruined. Men do
whatever they want to do, and lives are

519
00:29:08,120 --> 00:29:11,560
ruined. Women and children's lives are
ruined.

520
00:29:11,860 --> 00:29:14,990
Did your son tell you that he'd been
molested, Mrs. Hartshorn?

521
00:29:15,280 --> 00:29:16,480
Or did you tell him?

522
00:29:19,060 --> 00:29:20,160
He told me.

523
00:29:21,600 --> 00:29:23,020
And I believed him.

524
00:29:23,440 --> 00:29:24,600
I have nothing further.

525
00:29:34,101 --> 00:29:36,089
Mr. Henderson.

526
00:29:36,090 --> 00:29:37,190
Right, Tony.

527
00:29:37,390 --> 00:29:38,440
And you are?

528
00:29:38,441 --> 00:29:39,249
Gwen Taylor.

529
00:29:39,250 --> 00:29:40,749
What can I do for you, Gwen Taylor?

530
00:29:40,750 --> 00:29:44,129
I was wondering if you could recommend a
tutor or an outside class or someplace

531
00:29:44,130 --> 00:29:47,429
where I can get a little extra help
preparing, because otherwise I'm not

532
00:29:47,430 --> 00:29:48,329
to make it through this.

533
00:29:48,330 --> 00:29:49,630
Everybody feels that way.

534
00:29:49,870 --> 00:29:51,130
No, you don't understand.

535
00:29:51,370 --> 00:29:53,950
I don't have a law degree. I've been
apprenticing.

536
00:29:53,951 --> 00:29:58,009
I haven't had a lot of practice being
tested like this. I'm going under, and I

537
00:29:58,010 --> 00:29:59,190
really need some help.

538
00:29:59,191 --> 00:30:00,029
Hi, Tony.

539
00:30:00,030 --> 00:30:01,080
Hi, Cheryl.

540
00:30:01,081 --> 00:30:04,779
Are we going to cover third -party
beneficiaries today? Yes, we are.

541
00:30:04,780 --> 00:30:06,760
Good, because I'm hopelessly confused.

542
00:30:06,940 --> 00:30:07,990
You see?

543
00:30:08,060 --> 00:30:09,110
You're not alone.

544
00:30:09,360 --> 00:30:12,560
Tony, I passed hopelessly confused last
Tuesday.

545
00:30:13,020 --> 00:30:17,859
I learned all these mnemonics. My legs
for written contracts and cope for the

546
00:30:17,860 --> 00:30:20,859
rules against perpetuities. But now I
can't remember what the letters stand

547
00:30:20,860 --> 00:30:26,439
Does the E in legs stand for executor or
escrow? Gwen, I will help you. You

548
00:30:26,440 --> 00:30:27,959
will? Is tomorrow night soon enough?

549
00:30:27,960 --> 00:30:31,399
Yeah. Good. Tomorrow night it is. I
can't believe you have time enough to

550
00:30:31,400 --> 00:30:32,199
me. I'll make time.

551
00:30:32,200 --> 00:30:33,250
I like a challenge.

552
00:30:35,820 --> 00:30:36,870
Come on.

553
00:30:38,440 --> 00:30:42,500
Imagine that every morning you go to
work, you encounter the same person.

554
00:30:42,780 --> 00:30:45,720
Wherever you are, there he is.

555
00:30:46,240 --> 00:30:49,800
And all day, every day, he yells at you.

556
00:30:49,801 --> 00:30:53,339
He reminds you of mistakes you've made.
He tells you what you're not doing as

557
00:30:53,340 --> 00:30:56,319
well as you should, what opportunities
you've missed, what a disappointment

558
00:30:56,320 --> 00:31:02,839
you've been. And he comments on your
personal life loud enough so that

559
00:31:02,840 --> 00:31:04,360
can hear that he won't stop.

560
00:31:05,550 --> 00:31:06,750
So you try to ignore them.

561
00:31:06,751 --> 00:31:10,749
You try to concentrate on your work, and
you tell yourself it's part of the job,

562
00:31:10,750 --> 00:31:11,800
it's part of the job.

563
00:31:12,110 --> 00:31:15,150
And one way or another, you manage not
to lose your temper.

564
00:31:16,270 --> 00:31:17,320
Until that day.

565
00:31:18,250 --> 00:31:22,549
Until that day when the circumstances in
your life are such that this guy

566
00:31:22,550 --> 00:31:25,010
yelling at you just pushes you over the
edge.

567
00:31:25,870 --> 00:31:26,920
Could happen to me.

568
00:31:27,230 --> 00:31:28,280
Could happen to you.

569
00:31:28,790 --> 00:31:29,970
Could happen to him.

570
00:31:31,280 --> 00:31:35,239
Val Bodine is a professional baseball
player, ladies and gentlemen. He is not

571
00:31:35,240 --> 00:31:38,759
trained bear. Yes, he's paid. He's paid
very well to play baseball in front of

572
00:31:38,760 --> 00:31:42,299
people. And yes, he should be able to
take the booing along with the cheering.

573
00:31:42,300 --> 00:31:47,699
But what's a little tough to take is the
relentless and obsessive taunting by a

574
00:31:47,700 --> 00:31:51,559
man like Ed Hicks. I mean, just think
what it would be like if it were him

575
00:31:51,560 --> 00:31:53,640
waiting for you every day at work.

576
00:31:54,200 --> 00:31:59,340
Every day for five and a half months. I
ask you to imagine that right now.

577
00:32:00,680 --> 00:32:02,240
before you render your verdict.

578
00:32:10,400 --> 00:32:11,450
How do you do this?

579
00:32:13,820 --> 00:32:16,590
What am I, I'm supposed to get up here
and make a speech?

580
00:32:16,591 --> 00:32:21,179
I'm going to get up here, I'm going to
make a speech, and everyone's going to

581
00:32:21,180 --> 00:32:22,139
listen to me?

582
00:32:22,140 --> 00:32:23,190
That's pretty good.

583
00:32:24,060 --> 00:32:25,620
Doesn't happen to me very often.

584
00:32:26,060 --> 00:32:27,820
I mean, when you were a kid.

585
00:32:28,540 --> 00:32:32,279
You dream everybody will listen to you.
You dream about being center of

586
00:32:32,280 --> 00:32:33,330
attention.

587
00:32:33,540 --> 00:32:35,460
You dream big.

588
00:32:35,760 --> 00:32:41,720
You dream you'll be a senator or a movie
star or a baseball player.

589
00:32:41,721 --> 00:32:47,059
You don't dream you're going to sell
shoes. That's just something you wind up

590
00:32:47,060 --> 00:32:50,900
doing. That and watching baseball games.

591
00:32:54,940 --> 00:32:57,100
Time spans still at a baseball game.

592
00:32:58,460 --> 00:32:59,510
There's no clock.

593
00:32:59,680 --> 00:33:01,060
Who you are doesn't matter.

594
00:33:01,260 --> 00:33:03,520
Anybody can go if you come up with the
money.

595
00:33:03,720 --> 00:33:07,699
All right, so maybe it sounds stupid,
but 12 % of my take -home pay goes to

596
00:33:07,700 --> 00:33:08,499
the tickets.

597
00:33:08,500 --> 00:33:11,260
I used to go with my father, and now my
son goes with me.

598
00:33:13,600 --> 00:33:18,099
I'm a nervous, overweight guy who drives
an hour and a half back and forth to

599
00:33:18,100 --> 00:33:21,420
work to make $37 .5 a year selling
shoes.

600
00:33:21,421 --> 00:33:24,979
I mean, my kid's not going to yell from
the rooftops about what his old man does

601
00:33:24,980 --> 00:33:25,789
for a living.

602
00:33:25,790 --> 00:33:29,609
He's got nothing to brag about in that
department. He's stuck with me. So I

603
00:33:29,610 --> 00:33:32,080
him to the baseball game, and I make a
lot of noise.

604
00:33:33,050 --> 00:33:38,590
So my kid will see that I love
something, and he'll love that thing

605
00:33:39,430 --> 00:33:44,209
All right, you may not believe this, but
when we're at the ballgame, I am a real

606
00:33:44,210 --> 00:33:45,610
big shot to my kid.

607
00:33:47,930 --> 00:33:50,460
Nobody knows the game better. Nobody
yells louder.

608
00:33:50,710 --> 00:33:52,760
And I may not be a lot, but it's
something.

609
00:33:55,470 --> 00:33:56,520
It is something.

610
00:34:24,909 --> 00:34:30,049
Mr. Salter, to take this test, the
penioplasismograph, much has been made

611
00:34:30,050 --> 00:34:34,229
test's invasiveness. We all feel
discomfort at hearing it described and

612
00:34:34,230 --> 00:34:36,270
imagining it administered to ourselves.

613
00:34:36,850 --> 00:34:40,988
Admittedly, it's hard to view it as
anything other than a violation of one's

614
00:34:40,989 --> 00:34:42,039
privacy.

615
00:34:42,570 --> 00:34:45,460
I would urge you to keep one thing in
perspective, though.

616
00:34:46,370 --> 00:34:50,609
It's not as much a violation as being
sexually molested, and that, ladies and

617
00:34:50,610 --> 00:34:52,590
gentlemen, is what we are talking about.

618
00:34:52,750 --> 00:34:58,049
If a school had any basis to suspect one
of its teachers of molesting children

619
00:34:58,050 --> 00:35:03,429
sexually, and they did not do anything
they could to prevent that, the next

620
00:35:03,430 --> 00:35:07,209
sound you would hear would be the
snapping open of attorney's briefcases,

621
00:35:07,210 --> 00:35:09,590
-bent on suing that school for all it's
worth.

622
00:35:09,830 --> 00:35:14,389
The penile plethysmograph is the fastest
means we have of breaking through a

623
00:35:14,390 --> 00:35:15,440
suspect's denial.

624
00:35:16,130 --> 00:35:21,709
Its results may not be conclusive, but
they definitely give us a piece of the

625
00:35:21,710 --> 00:35:26,810
puzzle. They enable us to identify who
is a threat to our children.

626
00:35:28,290 --> 00:35:34,350
If any of you, if you or if someone
close to you was sexually abused as a

627
00:35:34,530 --> 00:35:37,550
you understand the enormity of that
threat.

628
00:35:37,770 --> 00:35:42,129
And the momentary discomfort or
embarrassment that Ben Salter may go

629
00:35:42,130 --> 00:35:48,069
a result of this test pales in
significance when compared to the misery

630
00:35:48,070 --> 00:35:49,120
pain.

631
00:35:49,550 --> 00:35:53,790
that a victim of sexual abuse carries
with them the rest of their life.

632
00:35:54,950 --> 00:35:57,600
I would urge you to render your verdict
accordingly.

633
00:36:01,370 --> 00:36:05,590
Ladies and gentlemen, I am not here to
defend the sexual abuse of children.

634
00:36:06,610 --> 00:36:10,690
My adversary has done his level best,
however, to make it appear that I am.

635
00:36:12,360 --> 00:36:17,039
He knows that if you are sufficiently
caught up in the drumbeat of fear and

636
00:36:17,040 --> 00:36:21,099
suspicion, you won't bother to
distinguish between that which has been

637
00:36:21,100 --> 00:36:23,380
and that which has been proven.

638
00:36:23,920 --> 00:36:26,800
And if you don't bother to do that, he
wins.

639
00:36:30,160 --> 00:36:32,340
This case terrifies me.

640
00:36:33,000 --> 00:36:36,799
I look at what happened to Ben Salter,
and I understand how it was that women

641
00:36:36,800 --> 00:36:38,820
called witches were burned at the stake.

642
00:36:39,660 --> 00:36:44,540
A person stands accused of that which we
as a society revile and condemn.

643
00:36:44,760 --> 00:36:48,680
He refuses to have wires attached to his
body.

644
00:36:49,360 --> 00:36:55,079
Wires which bypass the conscious mind,
which measure not guilt or innocence,

645
00:36:55,080 --> 00:37:00,419
the physiology of some disembodied part
of his anatomy as if that defines who he

646
00:37:00,420 --> 00:37:06,419
is. As a result, he loses his job and
has his reputation ruined. Does it

647
00:37:06,420 --> 00:37:10,720
him? to suffer whatever ordeal is put in
front of him in order to undo that,

648
00:37:10,880 --> 00:37:16,099
only if you're willing to scrap the
Constitution and cast out the most basic

649
00:37:16,100 --> 00:37:19,900
tenet of our judicial system, innocent
until proven guilty.

650
00:37:20,380 --> 00:37:25,259
This is not a case about child abuse,
ladies and gentlemen. It's a case about

651
00:37:25,260 --> 00:37:30,239
innocent man fighting for his right to
hold on to the last shred of what it

652
00:37:30,240 --> 00:37:31,290
means to be human.

653
00:37:43,860 --> 00:37:44,910
Hi. Hi.

654
00:37:47,120 --> 00:37:48,170
How you doing?

655
00:37:48,540 --> 00:37:49,590
Okay.

656
00:37:50,061 --> 00:37:52,799
How's the bar review going?

657
00:37:52,800 --> 00:37:53,850
Okay.

658
00:37:54,500 --> 00:37:55,550
How's Lucy?

659
00:37:55,700 --> 00:37:56,750
She's great.

660
00:37:56,820 --> 00:38:03,340
I was thinking about her, and I was
thinking about what you said the other

661
00:38:03,480 --> 00:38:06,100
Gwen, this really can't wait until after
the bar.

662
00:38:06,300 --> 00:38:07,440
I don't think it should.

663
00:38:08,420 --> 00:38:11,580
I don't think I can be.

664
00:38:12,880 --> 00:38:17,499
The constant that she needs in her life,
Daniel. And the truth is that I don't

665
00:38:17,500 --> 00:38:20,320
think I can be the constant you need
either.

666
00:38:23,280 --> 00:38:24,330
So?

667
00:38:28,280 --> 00:38:34,939
I thought this would feel

668
00:38:34,940 --> 00:38:38,900
terrible, but at least be a relief, and
instead it just...

669
00:38:48,230 --> 00:38:49,280
So am I.

670
00:38:51,190 --> 00:38:52,750
Has the jury reached a verdict?

671
00:38:54,570 --> 00:38:56,470
We have, Your Honor. What say you?

672
00:38:57,730 --> 00:39:01,670
We fine for the plaintiff, Edward Hicks,
and award the sum of $1 in damages.

673
00:39:02,370 --> 00:39:03,470
So say you all.

674
00:39:04,690 --> 00:39:06,270
$1? Mr. Hicks.

675
00:39:06,870 --> 00:39:09,790
That'll give IQ tests for jury duty, do
they? Mr.

676
00:39:10,030 --> 00:39:12,470
Hicks. Hey, moron. Here's a question for
you.

677
00:39:13,210 --> 00:39:16,989
How can he be guilty and only owe one
dollar? Listen to me, Mr. Hicks. If I

678
00:39:16,990 --> 00:39:19,330
you a dollar, do I get to beat you up?
Mr. Hicks!

679
00:39:19,331 --> 00:39:22,729
If you don't stop haranguing the jury,
I'm going to have the officer of the

680
00:39:22,730 --> 00:39:24,170
court place you under arrest.

681
00:39:24,730 --> 00:39:28,510
The jury's dismissed with the thanks of
the court.

682
00:39:29,010 --> 00:39:30,150
The court's adjourned.

683
00:39:32,981 --> 00:39:34,989
Hey, Ed.

684
00:39:34,990 --> 00:39:36,040
Ed! What?

685
00:39:36,041 --> 00:39:38,629
What, you want to rub my nose in it? You
want to beat me up again?

686
00:39:38,630 --> 00:39:40,310
The jury already did that. Hey, Val.

687
00:39:40,311 --> 00:39:43,739
Are you sure this is going to be
constructed? Jonathan, I got a little

688
00:39:43,740 --> 00:39:46,600
to take care of with this man. What kind
of business?

689
00:39:47,140 --> 00:39:48,520
I want to give you something.

690
00:39:48,521 --> 00:39:51,819
You're going to give me the dollar? No,
I'm not going to give you the dollar.

691
00:39:51,820 --> 00:39:53,500
I want to give you this for your boy.

692
00:39:54,660 --> 00:39:55,710
What's it for?

693
00:39:56,460 --> 00:39:58,200
You showed me something yesterday.

694
00:39:58,800 --> 00:40:01,510
I thought you were just a pain in the
ass, which you are.

695
00:40:01,960 --> 00:40:06,160
But you're more than that. You love the
game. You love your kid.

696
00:40:06,700 --> 00:40:07,960
And I respect you for that.

697
00:40:07,961 --> 00:40:11,019
I'd like it if you realized that I'm a
human being.

698
00:40:11,020 --> 00:40:12,070
And respect me, too.

699
00:40:15,920 --> 00:40:17,000
Is that the real deal?

700
00:40:17,820 --> 00:40:19,260
I used it all last season.

701
00:40:19,261 --> 00:40:22,499
Including when you blew the double play
against the Astros?

702
00:40:22,500 --> 00:40:23,550
Including then.

703
00:40:26,220 --> 00:40:27,270
Thanks.

704
00:40:27,880 --> 00:40:28,980
I mean a lot to him.

705
00:40:31,540 --> 00:40:34,040
It means a lot to me.

706
00:40:40,560 --> 00:40:41,800
Hey, sorry I beat you up.

707
00:40:42,640 --> 00:40:43,690
I lived.

708
00:40:44,800 --> 00:40:46,000
See you at the ballpark?

709
00:40:46,840 --> 00:40:47,890
Count it!

710
00:40:51,080 --> 00:40:53,740
Would the foreperson please read the
verdict?

711
00:40:55,720 --> 00:40:57,780
We, the jury, in the matter of Salto v.

712
00:40:58,000 --> 00:41:03,140
Sunny Hill School, fine for the
plaintiff and award $250 ,000 in

713
00:41:03,500 --> 00:41:07,999
The court hereby orders the plaintiff be
reinstated. The jury is discharged with

714
00:41:08,000 --> 00:41:09,050
thanks to the court.

715
00:41:09,210 --> 00:41:10,410
This court is adjourned.

716
00:41:11,690 --> 00:41:13,090
I think we need to talk.

717
00:41:16,110 --> 00:41:18,340
I'm not worried about the monetary
damages.

718
00:41:18,350 --> 00:41:20,640
They'll be covered by our insurance
carrier.

719
00:41:22,410 --> 00:41:25,590
The problem comes with reinstating you.

720
00:41:25,591 --> 00:41:29,669
What is it you're asking, Mr. Hollis?
I'm asking for you to teach someplace

721
00:41:29,670 --> 00:41:30,720
else.

722
00:41:30,721 --> 00:41:34,109
Now, why would I want to do that?
Because it'll be a hell of a lot more

723
00:41:34,110 --> 00:41:35,910
comfortable for you someplace else.

724
00:41:37,870 --> 00:41:39,670
I'm telling you this as a friend, Ben.

725
00:41:39,671 --> 00:41:42,969
There are quite a few parents that don't
want you back.

726
00:41:42,970 --> 00:41:46,629
They've said to me that if you do come
back, they want absolute assurances that

727
00:41:46,630 --> 00:41:48,550
you won't be alone with their children.

728
00:41:48,551 --> 00:41:51,029
I'm going to have to put a monitor in
your classrooms.

729
00:41:51,030 --> 00:41:54,460
You do that and I'll have you back in
court so fast your head will spin.

730
00:41:54,530 --> 00:41:58,949
The judge's order calls for his
reinstatement, period. No conditions, no

731
00:41:58,950 --> 00:42:02,500
qualifications, no holding him out to be
someone who can't be trusted.

732
00:42:02,570 --> 00:42:04,490
She's right, Richard. You can't do that.

733
00:42:09,360 --> 00:42:10,410
Is it worth it, Ben?

734
00:42:13,820 --> 00:42:17,739
I'm going to be in room nine Monday
morning, Richard. I expect to have a

735
00:42:17,740 --> 00:42:19,120
grade class in there as well.

736
00:42:20,220 --> 00:42:22,570
You want to have a second grade class in
there?

737
00:42:22,571 --> 00:42:25,199
Then you call the parents of those
second graders and tell them they have

738
00:42:25,200 --> 00:42:26,340
nothing to worry about.

739
00:42:26,341 --> 00:42:29,039
Tell them that no matter what their
fears are, if they want to continue to

740
00:42:29,040 --> 00:42:32,179
their kids to Sunny Hills, you're going
to be their teacher. Do you want to tell

741
00:42:32,180 --> 00:42:32,719
them that?

742
00:42:32,720 --> 00:42:34,540
No, because that's your job.

743
00:42:34,541 --> 00:42:38,669
That's what you have to tell them. You
have to tell them. You have to stand up

744
00:42:38,670 --> 00:42:42,409
and say that Ben Salter is coming back
to teach because Ben Salter's done

745
00:42:42,410 --> 00:42:43,269
nothing wrong.

746
00:42:43,270 --> 00:42:44,530
He's not a child molester.

747
00:42:45,090 --> 00:42:47,680
He's not a suspected child molester.
He's a teacher.

748
00:42:48,690 --> 00:42:49,740
He's a good teacher.

749
00:42:51,870 --> 00:42:55,390
It appears as though I have no choice,
so... Okay.

750
00:43:01,790 --> 00:43:03,210
For what it's worth, though...

751
00:43:04,460 --> 00:43:06,260
I think you're going to be miserable.

752
00:43:07,240 --> 00:43:08,980
You're telling me that as a friend?

753
00:43:13,400 --> 00:43:14,450
Okay.

754
00:43:21,680 --> 00:43:24,260
You get in under the exclusionary rule.

755
00:43:25,020 --> 00:43:26,070
How?

756
00:43:28,740 --> 00:43:30,780
Independent source. Independent source.

757
00:43:32,400 --> 00:43:34,220
Intervening act of free will.

758
00:43:34,221 --> 00:43:36,539
Intervening act of free will by the
defendant.

759
00:43:36,540 --> 00:43:37,659
Inevitable discovery.

760
00:43:37,660 --> 00:43:39,760
Live witness testimony and court ID.

761
00:43:39,761 --> 00:43:43,579
Good. And remember, if the exclusionary
rule is on the essay question... Mention

762
00:43:43,580 --> 00:43:46,839
the exceptions, whether they're relevant
or not, get in that I know what they

763
00:43:46,840 --> 00:43:47,890
are. Right.

764
00:43:47,891 --> 00:43:50,299
Okay, how about the rule against
perpetuities?

765
00:43:50,300 --> 00:43:51,860
The rule against perpetuities.

766
00:43:52,200 --> 00:43:53,250
Cope.

767
00:43:53,660 --> 00:43:57,600
Contingent remainders. Option to
purchase land. Powers of appointment.

768
00:43:58,120 --> 00:43:59,170
Oh.

769
00:43:59,171 --> 00:44:00,599
Executor interest.

770
00:44:00,600 --> 00:44:04,099
You love those mnemonics, don't you?
Yeah, they make me feel more secure.

771
00:44:04,100 --> 00:44:08,959
I really, I want to thank you for taking
the time to help me. I feel calmer now

772
00:44:08,960 --> 00:44:12,239
than I have in the last few weeks. And
there was a moment back there when I

773
00:44:12,240 --> 00:44:15,130
actually pictured myself as a lawyer. It
was really great.

774
00:44:18,440 --> 00:44:21,000
I can't believe I did that.

775
00:44:22,520 --> 00:44:28,580
I can't believe I did that.

776
00:44:29,440 --> 00:44:30,920
Why did you do that?

777
00:44:33,180 --> 00:44:34,230
I don't know.

778
00:44:35,900 --> 00:44:40,840
I, um... I felt like I was standing
outside myself watching me kiss you.

779
00:44:41,580 --> 00:44:43,750
Look, it's late. We're both tired. It's
okay.

780
00:44:43,900 --> 00:44:47,090
I never do things like that. It's
totally out of character for me.

781
00:44:50,820 --> 00:44:52,640
Why don't we just get back to work?

782
00:44:53,360 --> 00:44:55,040
As long as you're sure you're okay.

783
00:44:55,900 --> 00:44:58,300
And you forgive me for being so out of
line.

784
00:44:59,600 --> 00:45:00,780
Yeah, I'm okay.

785
00:45:01,000 --> 00:45:02,560
And I'm, yeah, I forgive you.

786
00:45:03,780 --> 00:45:04,830
All right.

787
00:45:04,831 --> 00:45:10,359
Okay, statute of frauds. What contracts
need to be in writing?

788
00:45:10,360 --> 00:45:11,700
All right, all right.

789
00:45:12,080 --> 00:45:13,940
Where the consideration is marriage.

790
00:45:14,360 --> 00:45:17,460
Where the duration of the contract is
more than a year.

791
00:45:17,860 --> 00:45:19,020
Surety ship, land.

792
00:45:19,620 --> 00:45:25,919
For the sale of goods valued at more
than $500. And for an executor to pay

793
00:45:25,920 --> 00:45:26,969
debts of an estate.

794
00:45:26,970 --> 00:45:31,520
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