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[opening theme playing]
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♪ some people stand
In the darkness ♪
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♪ afraid to step
Into the light ♪
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♪ some people need
To help somebody ♪
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♪ when the edge of
Surrender's in sight ♪
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♪ don't you worry
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♪ it's gonna be all right
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♪ 'cause I'm always ready
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♪ I won't let you
Out of my sight ♪
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♪ I'll be ready
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♪ I'll be ready
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♪ never you fear
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♪ no, don't you fear
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♪ I'll be ready
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♪ forever and always
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♪ I'm always here
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♪ 'cause I'm always ready
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♪ I won't let you
Out of my sight ♪
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♪ I'll be ready
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♪ I'll be ready
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♪ never you fear
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♪ no, don't you fear
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♪ I'll be ready
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♪ forever and always
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♪ I'm always here.
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[upbeat music]
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[breathing heavily]
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[tranquil music]
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-whoo!
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-hey, you already for
The big race tomorrow?
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-oh, yeah. You gonna ride?
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-nah, my knee's all banged up.
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-cody: yeah, we'll
Miss you out there.
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-hey, well, look at it this
Way, at least you've got some
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-chance of winning tomorrow.
-[laughing]
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-excuse me, do you know where
I can find caroline holden?
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-yeah, she's working
Tower 14, just down the ramp,
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Turn left, you can't miss it.
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-thank you.
-no problem.
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-wonder what they
Want with caroline.
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-newmie: I don't know.
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-well, I'll see you newmie.
-newmie: all right.
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-hey, watch it.
-man: sorry.
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-it's in my briefcase.
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-hi, can I help you?
46
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-are you caroline holden?
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-yes.
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-this is for you.
-caroline: what is it?
49
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-a summons for you to
Appear in civil court.
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-civil court? What's
This all about?
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-you're being sued for
Negligence in the death
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Of thomas o'hara.
53
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-thomas o'hara? I'm
Sorry, I don't know anybody
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By that name, you might
Have the wrong person.
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-you don't remember him?
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How could you forget?
57
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-ellen: you might remember
Him better as cowboy?
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-he's my son, my only child,
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And you left him to die
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At the bottom of the ocean.
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They still allow you
To be a lifeguard.
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-rose, let's go.
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[melancholy music]
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-hey, milton.
-hey, mitch.
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-hey, you, where you been?
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I've been looking
All over for you.
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-the county council's office.
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-what's up?
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-the county's being sued
For wrongful death
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By the family of
A drowning victim.
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-you're kidding.
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-I'm gonna need to see
Your files on the incident.
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-don't tell me, the boat fire?
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Which lifeguards
Are named in the suit?
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-just caroline.
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Why, were there
Others involved?
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-you ever get the feeling
That there's just too many
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Attorneys in the world?
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-I still haven't gotten
A complete account
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Of what happened that night.
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Wanna fill me in?
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-bunch of kids were out
On a boat, getting zonked,
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Setting off fireworks.
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They managed to set
The boat on fire.
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They jumped in the water
To avoid the flames.
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Caroline was the
First to respond.
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She rescued three of the boys,
Newmie rescued the fourth.
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-caroline, how many
Were on the boat?
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-four.
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-problem was, there were
Five boys on the boat.
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-she must've been
A wreck afterward.
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-her entire life fell apart.
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It took a long time to put
The pieces back together.
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-we can't let
That happen again.
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Where is she?
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-her shift ended about
A half an hour ago.
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You wanna talk to her?
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-sam:
Yeah, I better do that.
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-do me a favor, will ya?
Go easy on her?
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[dramatic music]
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-sam: I guess you know.
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I'm so sorry, caroline.
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-they came right
Up to my tower.
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The mother wanted to see the
Woman who let her son die.
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-you didn't let anyone die.
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-yes, I did.
You weren't there.
107
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-I talked to mitch,
He told me what happened.
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-I knew this wouldn't go away.
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I knew that no matter how
Hard I tried to forget,
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That this wouldn't go away.
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Now I've gotta go
To court and I have
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To relive the whole thing.
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-I've already talked to the
Lawyer who's handling the case.
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He said nine times out of ten,
These kind of things
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Are dismissed or
Settled out of court.
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You've been through some
Tough times lately, I know,
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But you're gonna
Get through this.
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Promise, no matter what
Happens, we will be with you
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Every step of the way.
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[melancholy music]
121
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-have you heard
From caroline?
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00:09:05,327 --> 00:09:06,981
Wasn't she supposed to
Cook dinner tonight?
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-c.J.: no, I haven't heard
From her. Maybe she forgot.
124
00:09:08,852 --> 00:09:10,506
-that's all right.
125
00:09:10,637 --> 00:09:12,290
Made a big race tomorrow,
Just gonna eat a big bowl
126
00:09:12,421 --> 00:09:13,770
Of pasta and go to bed early.
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00:09:13,901 --> 00:09:18,079
-yeah, there you go,
I gave you a little toy.
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00:09:22,257 --> 00:09:24,520
-c.J., where did
That baby come from?
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-you don't know where
Babies come from?
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-c.J.
-we're babysitting.
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-for who?
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-for our friend
In robert down 34d.
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00:09:33,094 --> 00:09:34,748
They haven't been out
By themselves since james
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00:09:34,878 --> 00:09:37,272
Was born, so I said we'd
Look after him tonight.
135
00:09:38,578 --> 00:09:41,929
Hi, cody.
My name is james.
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00:09:43,800 --> 00:09:45,410
-heya, james. How's
It going, buddy?
137
00:09:45,541 --> 00:09:47,543
-you just had a
Little nap, didn't we?
138
00:09:48,022 --> 00:09:50,067
You hungry?
You want some nummies?
139
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-nummies?
140
00:09:52,287 --> 00:09:54,376
-yeah, I'm gonna
Heat up some formula.
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00:09:56,726 --> 00:09:57,727
Here.
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-[laughs] That's okay,
I'm not too good with babies.
143
00:10:00,600 --> 00:10:02,297
-now's the perfect
Time to learn.
144
00:10:06,127 --> 00:10:08,042
Put your towel down and
Put your arms out straight.
145
00:10:10,697 --> 00:10:13,003
There, is that comfortable?
146
00:10:13,874 --> 00:10:15,397
-for him or me?
147
00:10:15,527 --> 00:10:17,355
-well, cradle him in
Your arms like a football.
148
00:10:18,182 --> 00:10:19,227
There.
149
00:10:20,358 --> 00:10:22,926
-okay, now what do I do?
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00:10:23,057 --> 00:10:24,711
-snuggle him close
To your chest.
151
00:10:27,452 --> 00:10:29,150
Isn't he adorable?
152
00:10:29,280 --> 00:10:31,543
I wanna have a little
Guy just like this.
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Don't you?
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00:10:32,936 --> 00:10:36,505
-yeah, maybe, some day.
155
00:10:37,898 --> 00:10:39,682
That a boy.
[baby pooping]
156
00:10:40,248 --> 00:10:42,554
What's he doing?
Oh, no, oh, no, no.
157
00:10:42,685 --> 00:10:46,515
-it's your first dirty diaper.
-no, c.J. Take him.
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00:10:46,994 --> 00:10:49,344
-oh, what are you
So squeamish about?
159
00:10:49,474 --> 00:10:50,737
It's just poopies.
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-I don't do diapers.
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-c.J.: men are such wimps.
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-oh, god.
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-they've assigned you
The most qualified person
164
00:11:03,401 --> 00:11:04,925
In the county council's office.
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00:11:05,055 --> 00:11:07,057
Mitch knew him, they
Went to school together.
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00:11:08,406 --> 00:11:11,583
Steve, this is caroline holden.
167
00:11:11,714 --> 00:11:13,237
-steve cost.
168
00:11:13,368 --> 00:11:15,022
-I thought you said
The charges were going
169
00:11:15,152 --> 00:11:16,501
To be dismissed.
170
00:11:16,632 --> 00:11:17,720
-the judge wouldn't
Grant our motion.
171
00:11:19,113 --> 00:11:20,897
There's still a chance
We will reach a settlement,
172
00:11:21,028 --> 00:11:23,639
But until we have a deal,
We have to prepare for trial.
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00:11:24,814 --> 00:11:28,165
You should also be aware that
In addition to the charge
174
00:11:28,296 --> 00:11:30,341
Of negligence, they are
Seeking punitive damages
175
00:11:30,472 --> 00:11:33,344
Against you personally
For reckless conduct.
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00:11:33,475 --> 00:11:34,911
-reckless conduct?
177
00:11:35,390 --> 00:11:37,305
Wait a second,
I didn't act recklessly.
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If anybody acted
Recklessly, those boys did.
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-how much are they asking
In punitive damages?
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00:11:42,005 --> 00:11:44,704
-two million dollars.
-two million dollars.
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-the county will defend you
On all counts,
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00:11:47,576 --> 00:11:49,143
But if a jury should
Find against you
183
00:11:49,273 --> 00:11:51,798
On the reckless conduct
Charges, you could be personally
184
00:11:51,928 --> 00:11:53,147
Liable for those damages.
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-they know there's
No way she can come up
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00:11:57,542 --> 00:11:58,892
With two million dollars.
187
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-they are using that figure
As leverage
188
00:12:00,589 --> 00:12:01,764
For settlement purposes.
189
00:12:01,895 --> 00:12:03,592
It's highly
Unlikely any jury
190
00:12:03,723 --> 00:12:06,073
Would award that much,
But these days, who knows.
191
00:12:06,203 --> 00:12:08,902
-mm-hm, so they could just
Take everything that I have.
192
00:12:09,032 --> 00:12:11,687
-these are very serious
Charges, caroline.
193
00:12:21,305 --> 00:12:27,050
[calming music]
194
00:12:47,244 --> 00:12:48,376
-man: hey, man.
195
00:12:50,857 --> 00:12:51,988
-woman: good luck!
196
00:12:58,342 --> 00:13:01,171
[thrilling music]
197
00:13:18,319 --> 00:13:21,104
[cheering]
198
00:13:22,671 --> 00:13:23,628
[gunshot firing]
199
00:14:28,258 --> 00:14:29,303
-drive me.
200
00:15:57,086 --> 00:15:59,436
[cheering]
201
00:16:01,873 --> 00:16:04,093
-whoo!
202
00:16:06,095 --> 00:16:10,926
-yes! Whoo!
203
00:16:14,799 --> 00:16:16,540
-congratulations.
-all right, thank you.
204
00:16:16,671 --> 00:16:18,760
-good race, man. Good race.
205
00:16:18,890 --> 00:16:21,545
-whoo-hoo! Yes!
206
00:16:21,676 --> 00:16:24,113
Baby, come here. Yeah.
207
00:16:24,244 --> 00:16:25,985
-good job.
208
00:16:26,115 --> 00:16:28,248
-congratulations, that was
A hell of a race you just ran.
209
00:16:28,378 --> 00:16:29,466
Thank you.
-keith: keith curby.
210
00:16:29,597 --> 00:16:30,990
-cody madison.
211
00:16:31,120 --> 00:16:32,339
-how long have you been
Racing mountain bikes?
212
00:16:32,469 --> 00:16:34,341
-actually, I just
Started, this is
213
00:16:34,471 --> 00:16:36,038
My first
Serious competition.
214
00:16:36,169 --> 00:16:37,909
-really, you know
I represent a lot of the guys
215
00:16:38,040 --> 00:16:39,476
In the pro circuit.
216
00:16:39,607 --> 00:16:40,651
I was hoping we might
Be able to sit down
217
00:16:40,782 --> 00:16:42,914
Sometime and chat.
-yeah?
218
00:16:43,045 --> 00:16:45,482
-between the events themselves
And the endorsements,
219
00:16:45,613 --> 00:16:47,528
A guy like you could make
An awful lot of money.
220
00:16:48,007 --> 00:16:49,356
-I like the sound of that.
221
00:16:49,486 --> 00:16:51,010
-the companies that
Sponsor the tour
222
00:16:51,140 --> 00:16:52,620
Absolutely are dying
To find someone
223
00:16:52,750 --> 00:16:54,317
To pitch their products.
224
00:16:54,448 --> 00:16:56,102
You might have the potential
To be that someone.
225
00:16:57,407 --> 00:17:01,803
[soothing music]
226
00:17:10,812 --> 00:17:13,380
-let's start with
A few general questions
227
00:17:13,510 --> 00:17:16,035
Before we get into the
Specifics of the case.
228
00:17:17,384 --> 00:17:18,820
You are how old?
229
00:17:19,560 --> 00:17:20,691
-caroline: 26.
230
00:17:20,822 --> 00:17:21,953
-marital status?
231
00:17:22,998 --> 00:17:24,304
-caroline: I'm divorced.
232
00:17:24,913 --> 00:17:27,350
-me, too. Sucks.
233
00:17:28,134 --> 00:17:29,222
Any kids?
234
00:17:30,049 --> 00:17:31,180
-no.
235
00:17:31,702 --> 00:17:33,052
-education?
236
00:17:33,617 --> 00:17:36,794
-caroline: I've a bachelor's
Degree from san diego state.
237
00:17:38,013 --> 00:17:40,146
-that's where I went to school.
What year did you graduate?
238
00:17:40,885 --> 00:17:42,104
-'92.
239
00:17:42,800 --> 00:17:48,067
-[laughs] I was
A little bit before that.
240
00:17:50,982 --> 00:17:52,854
How long have you
Been lifeguarding?
241
00:17:53,594 --> 00:17:54,725
-three years.
242
00:17:55,596 --> 00:17:58,077
-have you ever
Participated in a rescue
243
00:17:58,207 --> 00:18:00,557
That resulted
In a fatality before?
244
00:18:01,428 --> 00:18:02,472
-no.
245
00:18:08,870 --> 00:18:11,786
-steve: I'm sure this was
A very traumatic experience
246
00:18:11,916 --> 00:18:14,702
For you and not something
You want to relive,
247
00:18:16,443 --> 00:18:18,836
But I need to know exactly
What happened that night.
248
00:18:21,752 --> 00:18:22,971
Take your time.
249
00:18:24,451 --> 00:18:26,670
Try to remember as
Much detail as you can.
250
00:18:34,591 --> 00:18:37,072
-I was working a
Double shift that day.
251
00:18:41,859 --> 00:18:46,603
I went out onto the scarab just
Before the sun was setting.
252
00:18:49,258 --> 00:18:52,131
I remember what a beautiful
Sunset it really was.
253
00:18:52,870 --> 00:18:55,830
295 from baywatch scarab one.
I'm on patrol
254
00:18:55,960 --> 00:18:57,658
Northbound out of
Marina del rey.
255
00:18:58,702 --> 00:19:00,878
About an hour after it got dark,
256
00:19:01,966 --> 00:19:04,055
I noticed someone
Shooting off fireworks,
257
00:19:04,186 --> 00:19:06,014
So I headed
In that direction.
258
00:19:07,537 --> 00:19:09,931
[boys shouting]
259
00:19:12,281 --> 00:19:15,154
As soon as I saw the flames,
I called for back up.
260
00:19:18,374 --> 00:19:21,856
By the time... I got
There, everyone had
261
00:19:21,986 --> 00:19:23,945
Already jumped overboard.
262
00:19:24,075 --> 00:19:29,646
[dramatic music]
[shouting]
263
00:19:47,577 --> 00:19:49,405
[coughing]
264
00:20:01,330 --> 00:20:05,116
When I reached the first
Victim, I remember him as being
265
00:20:05,247 --> 00:20:07,510
One of the boys I had
Seen earlier that morning.
266
00:20:08,119 --> 00:20:09,295
-where did you see him?
267
00:20:10,600 --> 00:20:12,080
-they were cruising the marina.
268
00:20:13,995 --> 00:20:15,779
They were acting like
A bunch of jerks.
269
00:20:16,606 --> 00:20:18,304
-how many boys did
You see on the boat?
270
00:20:19,087 --> 00:20:20,088
-I saw five.
271
00:20:20,219 --> 00:20:21,350
-you're positive it was five?
272
00:20:21,481 --> 00:20:22,786
-yes.
273
00:20:22,917 --> 00:20:24,527
-then, why did you
Only rescue four?
274
00:20:24,658 --> 00:20:26,964
Was it a mental lapse?
Did it slip your mind?
275
00:20:27,095 --> 00:20:28,792
-no.
276
00:20:28,923 --> 00:20:30,577
-you said you had been working
A double shift, were you tired?
277
00:20:30,707 --> 00:20:32,840
-no, I wasn't.
-so then, you just screwed up, that's it?
278
00:20:33,493 --> 00:20:36,017
-why are you attacking me?
-answer the question.
279
00:20:36,147 --> 00:20:39,020
Why did you only think there
Were four boys in that boat?
280
00:20:39,150 --> 00:20:42,545
-because the next time I saw
Them, there were only four.
281
00:20:42,676 --> 00:20:43,720
-and when was that?
282
00:20:44,504 --> 00:20:47,507
-when I got on to the scarab.
It was tied to the dock.
283
00:20:47,637 --> 00:20:50,945
I didn't see the boy
In the cowboy hat.
284
00:20:51,075 --> 00:20:53,339
-you didn't see him or you
Don't remember seeing him?
285
00:20:53,469 --> 00:20:54,905
-I didn't see him.
286
00:20:55,036 --> 00:20:56,864
-did you wonder what
Maybe happened to him?
287
00:20:56,994 --> 00:20:59,432
-no.
-did the thought even cross your mind?
288
00:20:59,562 --> 00:21:02,086
-look, I didn't think
About it, I didn't know
289
00:21:02,217 --> 00:21:03,566
He was gonna die.
290
00:21:03,697 --> 00:21:05,176
-is that why that
Boy died, caroline,
291
00:21:05,307 --> 00:21:06,656
Because you were not thinking?
292
00:21:08,310 --> 00:21:11,052
Caroline, what was
Going through your mind?
293
00:21:12,401 --> 00:21:15,274
-save me, ma'am. I'm drunk
In my suds. Please help me.
294
00:21:15,404 --> 00:21:16,623
-steve: caroline.
295
00:21:17,667 --> 00:21:19,495
-save me. [laughs]
296
00:21:19,626 --> 00:21:21,105
-steve: caroline.
297
00:21:21,758 --> 00:21:25,327
-you don't remember him?
How could you forget?
298
00:21:25,458 --> 00:21:26,850
[laughing]
299
00:21:28,287 --> 00:21:30,245
[dramatic music]
300
00:21:41,256 --> 00:21:43,737
[melancholy music]
301
00:21:47,349 --> 00:21:50,961
-$500,000?
This isn't a settlement.
302
00:21:51,092 --> 00:21:52,311
It's a surrender.
303
00:21:52,441 --> 00:21:53,964
-the county will
Pay the full amount.
304
00:21:54,095 --> 00:21:56,010
Nothing will come out
Of caroline's pocket.
305
00:21:56,140 --> 00:21:57,751
-well, I find it hard to
Believe this is the best
306
00:21:57,881 --> 00:21:59,448
That you can do.
307
00:21:59,579 --> 00:22:01,494
-the board of supervisors
Is worried about a jury
308
00:22:01,624 --> 00:22:03,017
Awarding the full amount.
309
00:22:03,147 --> 00:22:05,236
They do not want to part
With two million dollars
310
00:22:05,367 --> 00:22:06,760
Of tax payers' money.
311
00:22:06,890 --> 00:22:08,544
-I thought you said
We had a good case.
312
00:22:08,675 --> 00:22:10,633
-we do, as long as caroline
Isn't called to testify.
313
00:22:11,547 --> 00:22:13,854
We could not even get through
A preliminary interview.
314
00:22:13,984 --> 00:22:15,638
She'll never hold up
On the witness stand.
315
00:22:15,769 --> 00:22:17,161
-isn't that your job?
316
00:22:17,292 --> 00:22:18,946
Aren't you supposed
To prepare her for that?
317
00:22:19,076 --> 00:22:21,905
-I can prepare her until
We are both blue in the face,
318
00:22:22,036 --> 00:22:24,734
But if she still blames
Herself for that boy's death,
319
00:22:24,865 --> 00:22:26,345
It's going to come out
In her testimony.
320
00:22:26,475 --> 00:22:28,999
Believe me, I know
The opposing attorney.
321
00:22:29,478 --> 00:22:30,914
She'll eat her alive.
322
00:22:32,742 --> 00:22:33,787
-they've agreed to this?
323
00:22:33,917 --> 00:22:35,354
-no, not yet.
324
00:22:35,484 --> 00:22:37,399
Cowboy's mom is still
Demanding that caroline
325
00:22:37,530 --> 00:22:39,096
Be dismissed from
The department.
326
00:22:39,227 --> 00:22:41,272
Believe it or not, the
Money is secondary to her.
327
00:22:42,056 --> 00:22:43,753
-so they just
Want her to suffer.
328
00:22:44,232 --> 00:22:45,538
What is this,
A personal vendetta?
329
00:22:45,668 --> 00:22:47,670
[phone ringing]
-excuse me.
330
00:22:49,933 --> 00:22:53,110
Hello. Yeah, put her through.
331
00:22:53,241 --> 00:22:54,721
It's
The plaintiff's attorney.
332
00:22:54,851 --> 00:22:58,594
Ellen, hello.
So do we have a deal?
333
00:23:00,857 --> 00:23:02,946
[breathing heavily]
334
00:23:12,913 --> 00:23:15,002
-hi, caroline.
-hey.
335
00:23:17,918 --> 00:23:19,398
-I'm really sorry about
The ringer they're putting
336
00:23:19,528 --> 00:23:20,834
You through on this.
337
00:23:20,964 --> 00:23:22,488
If there's anything I can do.
338
00:23:23,663 --> 00:23:24,620
-thanks.
339
00:23:30,452 --> 00:23:31,671
You heard something.
340
00:23:32,454 --> 00:23:34,108
-they couldn't
Reach a settlement.
341
00:23:34,238 --> 00:23:36,023
-I knew I was going
To have to go to court.
342
00:23:36,153 --> 00:23:38,460
-you are not going
To court. Not yet anyway.
343
00:23:39,548 --> 00:23:40,723
Now the plaintiff has
Agreed to take the case
344
00:23:40,854 --> 00:23:42,421
To arbitration.
345
00:23:42,551 --> 00:23:44,597
Now if everyone accepts
The arbitrator's ruling,
346
00:23:44,727 --> 00:23:47,164
Then that will be it,
His decision is final.
347
00:23:48,514 --> 00:23:50,124
-come on, what
Difference does it make?
348
00:23:50,820 --> 00:23:52,387
Either way,
I'm still on trial.
349
00:23:52,909 --> 00:23:55,738
[melancholy music]
350
00:24:08,751 --> 00:24:10,274
-well, how long
Have you been up?
351
00:24:11,624 --> 00:24:13,582
-I've hardly slept.
352
00:24:14,409 --> 00:24:17,717
-oh, you poor thing.
This is so unfair.
353
00:24:17,847 --> 00:24:20,328
-they should be treating you
Like a hero, not a criminal.
354
00:24:20,459 --> 00:24:22,852
This system is so screwed up,
I could scream.
355
00:24:23,418 --> 00:24:25,202
-probably won't be
Such a good idea.
356
00:24:25,333 --> 00:24:26,726
Might wake the neighbors.
357
00:24:26,856 --> 00:24:29,380
[laughing]
358
00:24:29,511 --> 00:24:32,514
-geez, how long is cody
Going to be in there?
359
00:24:32,645 --> 00:24:35,691
-oh, I'm sorry,
He told me to tell you that
360
00:24:35,822 --> 00:24:37,606
He went mountain bike
Riding and that he had some
361
00:24:37,737 --> 00:24:38,781
Meeting with a sports agent.
362
00:24:38,912 --> 00:24:40,000
What is that about?
363
00:24:40,130 --> 00:24:41,915
-oh.
364
00:24:42,045 --> 00:24:43,917
They want him to
Be a professional
Mountain bike racer.
365
00:24:44,047 --> 00:24:46,267
-oh. [laughs]
366
00:24:47,007 --> 00:24:49,052
Wouldn't that make
Him travel a lot?
367
00:24:49,183 --> 00:24:51,490
-yeah, but it's
Probably just as well.
368
00:24:55,929 --> 00:24:57,844
I think cody and I have
Come to the end of our road.
369
00:24:57,974 --> 00:25:00,411
-what? What are
You talking about?
370
00:25:00,542 --> 00:25:01,935
-I don't know, I don't
Know what's come over me.
371
00:25:02,065 --> 00:25:03,763
All I can think about
Is having a baby.
372
00:25:03,893 --> 00:25:05,591
I have all these maternal
Feelings and I have
373
00:25:05,721 --> 00:25:08,115
No way to express them except
374
00:25:08,245 --> 00:25:09,856
For when
I'm babysitting james.
375
00:25:09,986 --> 00:25:12,032
Which reminds me, I'm looking
After him this morning.
376
00:25:12,162 --> 00:25:13,903
-oh, that's okay.
377
00:25:14,034 --> 00:25:15,992
Listen, have you talked to
Cody about starting a family?
378
00:25:16,123 --> 00:25:17,951
-he's not ready.
379
00:25:18,081 --> 00:25:20,257
He's out there looking
For action and adventure.
380
00:25:20,823 --> 00:25:22,259
He's not ready to settle down.
381
00:25:23,696 --> 00:25:25,001
Which is perfectly
Understandable, I mean,
382
00:25:25,132 --> 00:25:26,655
That's just the way he is.
383
00:25:26,786 --> 00:25:28,657
I don't know how much
Longer I can wait.
384
00:25:28,788 --> 00:25:30,746
My biological clock is ticking.
385
00:25:30,877 --> 00:25:33,662
-[laughs] Oh, c.J.,
I'm pretty sure that got
386
00:25:33,793 --> 00:25:35,316
A couple of ticks
Left in you.
387
00:25:37,753 --> 00:25:39,059
-oh, I'm sorry,
I shouldn't be bothering you
388
00:25:39,189 --> 00:25:40,234
With all my stupid problems.
389
00:25:40,364 --> 00:25:41,148
You have enough on your mind.
390
00:25:41,278 --> 00:25:42,323
-oh, no, that's okay.
391
00:25:42,453 --> 00:25:43,977
I mean, what are friends for?
392
00:25:44,543 --> 00:25:47,197
Besides, it's kind of nice
To know there's somebody
393
00:25:47,328 --> 00:25:49,156
Out there who's as
Depressed as I am.
394
00:25:50,810 --> 00:25:52,289
[laughing]
395
00:25:53,073 --> 00:25:54,422
-let's go eat something.
396
00:25:56,729 --> 00:25:59,558
[soft music]
397
00:26:24,060 --> 00:26:26,454
♪ I've been
398
00:26:26,585 --> 00:26:30,023
♪ waiting for the time to pass
399
00:26:30,153 --> 00:26:33,330
♪ staring at the hour glass
400
00:26:33,461 --> 00:26:37,073
♪ ooh
401
00:26:37,204 --> 00:26:40,773
♪ hoping
402
00:26:40,903 --> 00:26:44,298
♪ for what my future holds
403
00:26:44,428 --> 00:26:47,170
♪ can't help but want more
404
00:26:47,301 --> 00:26:49,782
♪ ooh
405
00:26:51,522 --> 00:26:55,918
♪ thinking of you feels like a dream
406
00:26:58,399 --> 00:27:02,621
♪ the futures closer than it seems
407
00:27:04,753 --> 00:27:10,019
♪ there's something in the way
♪ you make me feel
408
00:27:11,934 --> 00:27:15,198
♪ there's something bout the way I know
409
00:27:15,329 --> 00:27:18,288
♪ inside it feels so real
410
00:27:18,419 --> 00:27:23,424
♪ won't spend time wishing on the stars
411
00:27:25,295 --> 00:27:29,865
♪ cause I know someday
♪ I'll feel you in my arms
412
00:27:32,128 --> 00:27:37,264
♪ someday I'll feel you in my arms
413
00:27:39,048 --> 00:27:44,619
♪ someday I'll feel you in my arms
414
00:27:50,581 --> 00:27:55,456
-caroline, you can either
Keep feeling sorry for yourself
415
00:27:55,586 --> 00:27:57,676
Or you can start helping
Me prepare your defense.
416
00:27:58,328 --> 00:27:59,678
It's your choice.
417
00:28:02,332 --> 00:28:03,812
-what do you think
Our chances are?
418
00:28:03,943 --> 00:28:06,510
-honestly, it
Could go either way.
419
00:28:06,641 --> 00:28:09,296
-good. That's encouraging.
420
00:28:09,818 --> 00:28:12,212
-I would feel
A lot more confident
421
00:28:12,342 --> 00:28:13,517
If I had your cooperation.
422
00:28:17,086 --> 00:28:18,305
I might even be
Able to help you.
423
00:28:18,435 --> 00:28:20,437
-well, maybe
I don't want your help.
424
00:28:22,439 --> 00:28:24,224
Maybe I don't deserve
To be out there.
425
00:28:26,313 --> 00:28:27,314
-you really believe that?
426
00:28:31,405 --> 00:28:32,362
-I don't know.
427
00:28:36,932 --> 00:28:39,239
-I never knew your sister,
But I sure heard a lot
428
00:28:39,369 --> 00:28:41,241
About her when I was
Working down in south bay.
429
00:28:42,155 --> 00:28:44,070
She was like a living
Legend down there.
430
00:28:45,071 --> 00:28:47,073
The name stephanie
Holden was synonymous
431
00:28:47,203 --> 00:28:49,423
With pride and guts and courage.
432
00:28:50,163 --> 00:28:52,034
Most importantly
Professionalism.
433
00:28:53,557 --> 00:28:56,082
I'm just really sorry it
Doesn't run in the family.
434
00:28:58,606 --> 00:29:00,564
If you decide you want
To stand up and fight,
435
00:29:01,522 --> 00:29:02,653
Not just for yourself,
436
00:29:03,654 --> 00:29:05,308
But for
Every lifeguard out there,
437
00:29:05,961 --> 00:29:07,267
You can reach me
At my office.
438
00:29:09,399 --> 00:29:10,531
-steve?
439
00:29:36,513 --> 00:29:39,865
I know that I did all
I could to save those boys.
440
00:29:41,780 --> 00:29:43,912
I don't think
I deserve to be punished.
441
00:29:44,043 --> 00:29:49,700
-neither do I, but we still
Have to convince an arbitrator.
442
00:29:54,618 --> 00:29:56,707
-I'll do the best
That I can.
443
00:30:02,626 --> 00:30:06,239
[melancholy music]
444
00:30:13,942 --> 00:30:15,814
-good morning,
Ladies and gentlemen.
445
00:30:15,944 --> 00:30:19,556
I'm judge william lang
And I'll be arbitrating
446
00:30:19,687 --> 00:30:21,210
These proceedings today.
447
00:30:21,994 --> 00:30:24,170
So, ms. Douglas,
If you are ready,
448
00:30:24,300 --> 00:30:26,476
You may proceed with
Your first witness.
449
00:30:28,000 --> 00:30:30,089
-mrs. O'hara, how old
Was your son thomas
450
00:30:30,219 --> 00:30:31,394
When he died?
451
00:30:32,352 --> 00:30:33,832
-nineteen.
452
00:30:33,962 --> 00:30:37,748
-nineteen years old.
Still living at home?
453
00:30:37,879 --> 00:30:42,753
-yes, he was
Trying to save money
454
00:30:42,884 --> 00:30:44,407
To go to college.
455
00:30:44,538 --> 00:30:49,021
He wanted to be a teacher.
He loved children.
456
00:30:49,804 --> 00:30:52,198
-his friends called
Him cowboy, didn't they?
457
00:30:52,328 --> 00:30:56,724
-yeah, well, I had
Given him a cowboy hat
458
00:30:57,464 --> 00:30:58,726
For his last birthday.
459
00:30:59,553 --> 00:31:01,468
It seemed like he
Never took it off.
460
00:31:01,598 --> 00:31:04,558
-when you were first
Informed of your son's death,
461
00:31:04,688 --> 00:31:06,647
You were told it
Was an accident.
462
00:31:06,777 --> 00:31:10,085
-yes, an accidental drowning.
463
00:31:11,217 --> 00:31:14,524
-and you had no intention
Of suing the county
464
00:31:14,655 --> 00:31:16,483
Or the lifeguards
For wrongful death.
465
00:31:16,613 --> 00:31:18,093
-I took their word for it.
466
00:31:18,833 --> 00:31:20,400
-what made you
Change your mind?
467
00:31:20,530 --> 00:31:23,838
-I saw a copy
Of the transcript
468
00:31:25,840 --> 00:31:30,410
Of the debriefing they
Held after the incident.
469
00:31:30,540 --> 00:31:34,936
-a document in which
Caroline holden clearly states
470
00:31:35,067 --> 00:31:39,898
And I quote, "I should've
Known, they went past me
471
00:31:40,028 --> 00:31:42,378
"In the marina, I saw them.
472
00:31:42,509 --> 00:31:47,035
"He wore a cowboy hat on
A boat. He flirted with me.
473
00:31:47,644 --> 00:31:50,604
I shouldn't have
Forgotten him."
474
00:31:51,170 --> 00:31:52,475
End quote.
475
00:31:53,650 --> 00:31:56,610
-she knew my son
Was on that boat.
476
00:31:57,350 --> 00:31:59,352
And she may have
Saved the others,
477
00:32:00,570 --> 00:32:02,703
But she let him die.
478
00:32:11,146 --> 00:32:12,278
-it's in this paragraph.
479
00:32:12,408 --> 00:32:15,150
-uh-huh, perfect, great.
480
00:32:15,281 --> 00:32:17,283
-when you first arrived
On the scene in your boat,
481
00:32:17,413 --> 00:32:19,589
Where was caroline holden?
482
00:32:19,720 --> 00:32:21,591
-in the water.
She had secured two victims
483
00:32:21,722 --> 00:32:23,767
To her rescue can and
Was diving for a third.
484
00:32:23,898 --> 00:32:26,205
[dramatic music]
485
00:32:40,262 --> 00:32:41,263
-help!
486
00:32:43,918 --> 00:32:45,311
-I saw someone go
Down over there.
487
00:32:45,441 --> 00:32:46,790
-caroline: okay.
488
00:32:52,231 --> 00:32:55,147
-ellen: and you found
No fault with her efforts?
489
00:32:55,277 --> 00:32:57,932
-she was acting
Exactly according to
Lifeguard procedure.
490
00:32:58,063 --> 00:33:00,674
-has it always been
That way with ms. Holden?
491
00:33:01,457 --> 00:33:04,156
Or has she had problems
Carrying out her duties
492
00:33:04,286 --> 00:33:05,635
In the past?
493
00:33:05,766 --> 00:33:06,985
-I don't know what
You're referring to.
494
00:33:08,073 --> 00:33:11,859
-I have here a series of
Incident reports in which
495
00:33:11,990 --> 00:33:15,254
Either you or one of your
Colleagues criticized
496
00:33:15,384 --> 00:33:19,171
The defendant's performance
And question her competence.
497
00:33:24,480 --> 00:33:26,526
-maybe when she first
Started at baywatch.
498
00:33:26,656 --> 00:33:29,529
It takes awhile for
Rookies to learn the ropes.
499
00:33:29,659 --> 00:33:32,749
But on the night in question,
Caroline did everything
500
00:33:32,880 --> 00:33:34,621
She could to save
Those boys' lives.
501
00:33:44,196 --> 00:33:47,068
-lieutenant buchannon,
You conducted an inquiry
502
00:33:47,199 --> 00:33:49,679
Into the death of
Thomas edward o'hara.
503
00:33:49,810 --> 00:33:51,986
What were you able
To determine?
504
00:33:52,117 --> 00:33:56,034
-given the circumstances,
The boat was on fire,
505
00:33:56,164 --> 00:33:59,124
Multiple rescues in the
Water, the condition
506
00:33:59,254 --> 00:34:02,779
Of the victims, that the
Lifeguards' efforts were nothing
507
00:34:02,910 --> 00:34:04,651
Short of miraculous.
508
00:34:07,697 --> 00:34:10,570
-were you the only officer
To sign off on a report
509
00:34:10,700 --> 00:34:13,486
Which exonerated
Ms. Holden of any wrong doing?
510
00:34:13,616 --> 00:34:14,574
-no.
511
00:34:15,531 --> 00:34:19,535
-was the officer
Lieutenant stephanie holden?
512
00:34:19,666 --> 00:34:21,015
-yes.
513
00:34:21,146 --> 00:34:22,973
-caroline holden's sister?
514
00:34:23,104 --> 00:34:27,891
-yes, but if you're implying
That lieutenant stephanie
515
00:34:28,022 --> 00:34:29,589
Holden lied to prevent--
516
00:34:29,719 --> 00:34:33,158
-thank you, mr. Buchannon.
No further questions.
517
00:34:34,463 --> 00:34:35,421
-lieutenant buchannon.
518
00:34:37,075 --> 00:34:40,513
You stated in your review that
The victim's blood alcohol
519
00:34:40,643 --> 00:34:41,905
Level was 1.9.
520
00:34:42,819 --> 00:34:45,605
-the coroner stated that
The boy was legally drunk
521
00:34:45,735 --> 00:34:47,085
At the time of his death.
522
00:34:47,215 --> 00:34:49,261
-I imagine that made it
Difficult to swim.
523
00:34:49,391 --> 00:34:52,264
-that much alcohol would
Make it very difficult
524
00:34:52,394 --> 00:34:53,265
To walk let alone swim.
525
00:34:53,395 --> 00:34:54,875
-objection.
526
00:34:55,484 --> 00:34:56,572
-sustained.
527
00:34:56,703 --> 00:34:58,748
-let me rephrase
The question.
528
00:34:59,619 --> 00:35:02,404
In your experience as
A lifeguard, have you found
529
00:35:02,535 --> 00:35:05,407
That excessive consumption
Of alcohol can impede
530
00:35:05,538 --> 00:35:07,017
A person's ability to swim?
531
00:35:07,148 --> 00:35:08,454
-absolutely.
532
00:35:08,932 --> 00:35:11,109
If that boy had been
Able to stay afloat,
533
00:35:12,066 --> 00:35:14,547
I guarantee you one of my
Lifeguards would've rescued him.
534
00:35:18,464 --> 00:35:20,901
-is it fair to say that you
Had difficulty in dealing
535
00:35:21,031 --> 00:35:23,208
With thomas o'hara's death?
536
00:35:24,165 --> 00:35:27,603
-I suffered post
Traumatic stress, yes.
537
00:35:27,734 --> 00:35:30,954
-which included excessive
Drinking, staying out all night,
538
00:35:31,085 --> 00:35:34,480
Failing to pass a lifeguard
Recheck and ultimately
539
00:35:34,610 --> 00:35:36,395
Quitting your job
At baywatch.
540
00:35:36,525 --> 00:35:40,050
-but fortunately I was able
To recover and return to work.
541
00:35:41,095 --> 00:35:44,490
-ms. Holden, when was the
First time you saw the boat
542
00:35:45,055 --> 00:35:46,187
With the five boys on it?
543
00:35:48,537 --> 00:35:50,148
-earlier that afternoon.
544
00:35:50,278 --> 00:35:52,672
-and then again in the
Evening as you were preparing
545
00:35:52,802 --> 00:35:54,717
For night patrol,
Is that correct?
546
00:35:54,848 --> 00:35:55,892
-yes.
547
00:35:56,676 --> 00:35:59,069
-it's illegal to drive
A water craft while
548
00:35:59,200 --> 00:36:01,855
Under the influence of
Alcohol, isn't it, ms. Holden?
549
00:36:02,421 --> 00:36:03,770
-yes.
550
00:36:03,900 --> 00:36:05,859
-yet you made no attempt
To stop those boys
551
00:36:05,989 --> 00:36:08,035
Or to confiscate
Their beer.
552
00:36:08,166 --> 00:36:12,257
Even though as a lifeguard,
You had the authority to do so.
553
00:36:12,387 --> 00:36:14,781
-come on, guys, put
Away the beer, all right?
554
00:36:14,911 --> 00:36:16,174
We're gonna have
To confiscate it.
555
00:36:16,304 --> 00:36:18,263
-save me, ma'am,
I'm drowning in my suds.
556
00:36:18,393 --> 00:36:20,352
Please, help me, save me.
557
00:36:23,050 --> 00:36:25,574
-I told them that they
Shouldn't go out on that boat.
558
00:36:25,705 --> 00:36:28,229
-oh, and what was
Their response?
559
00:36:28,360 --> 00:36:30,275
-they paid
No attention to me.
560
00:36:30,405 --> 00:36:33,539
-so, you let them go,
Even though you suspected
561
00:36:33,669 --> 00:36:36,498
That they were intoxicated
And might endanger
562
00:36:36,629 --> 00:36:38,152
Themselves
Or other boaters.
563
00:36:38,283 --> 00:36:41,242
So, perhaps this senseless
Tragedy might never
564
00:36:41,373 --> 00:36:44,898
Have occurred if you hadn't
Neglected to enforce the law.
565
00:36:45,028 --> 00:36:49,076
-objection, the defendant is
Not a law enforcement officer.
566
00:36:49,990 --> 00:36:53,950
-overruled, it was within
Her jurisdiction to take
567
00:36:54,081 --> 00:36:55,430
Whatever action
She deemed appropriate.
568
00:36:55,561 --> 00:36:59,042
-it's not surprising
Given your lax attitude.
569
00:36:59,173 --> 00:37:01,044
You failed to remember
That thomas o'hara
570
00:37:01,175 --> 00:37:02,872
Was on board the
Boat that night.
571
00:37:03,003 --> 00:37:04,918
-I didn't see him
That night.
572
00:37:06,485 --> 00:37:08,138
-and that's why
He died, isn't it?
573
00:37:08,269 --> 00:37:09,183
-steve: objection.
574
00:37:09,314 --> 00:37:10,663
-sustained.
575
00:37:11,664 --> 00:37:12,708
-no further questions.
576
00:37:16,538 --> 00:37:19,106
-your honor, at this
Time I would like to move
577
00:37:19,237 --> 00:37:20,629
The proceedings out
Into the marina.
578
00:37:22,283 --> 00:37:23,850
-are there any objections?
579
00:37:23,980 --> 00:37:26,287
-I think we could all
Use a breath of fresh air.
580
00:37:26,418 --> 00:37:29,508
[somber music]
581
00:37:35,470 --> 00:37:37,733
-when the police
Interviewed the survivors,
582
00:37:37,864 --> 00:37:39,735
The boys said that cowboy
Was passed out on the deck
583
00:37:39,866 --> 00:37:40,867
Of the boat, was that correct?
584
00:37:40,997 --> 00:37:42,434
-yes.
585
00:37:42,564 --> 00:37:44,000
-so there is no way
You could've seen him
586
00:37:44,131 --> 00:37:45,611
Or even known he
Was on that boat.
587
00:37:45,741 --> 00:37:47,177
-that's right.
-objection, your honor.
588
00:37:47,308 --> 00:37:49,223
That hasn't been established as fact.
589
00:37:49,354 --> 00:37:51,921
-your honor, I intend
To establish that here now.
590
00:37:52,052 --> 00:37:53,619
-please, continue.
591
00:37:53,749 --> 00:37:57,318
-this is where caroline
Was docked when she observed
592
00:37:57,449 --> 00:37:59,146
The boys headed out the channel.
593
00:37:59,277 --> 00:38:02,236
What you're seeing here is
Exactly what she saw that night.
594
00:38:03,063 --> 00:38:05,935
That boat is the
Same make and model
595
00:38:06,066 --> 00:38:07,807
As the one that
Caught fire and burnt.
596
00:38:09,243 --> 00:38:12,246
Mrs. O'hara, how
Many boys do you see?
597
00:38:12,377 --> 00:38:15,249
-rose, you don't have
To answer that question.
598
00:38:20,515 --> 00:38:21,995
-I see four.
599
00:38:22,865 --> 00:38:24,214
-chris?
600
00:38:33,006 --> 00:38:35,008
[boys shouting]
601
00:38:35,138 --> 00:38:37,532
-hey, guys, why don't
You call it a day, huh?
602
00:38:37,663 --> 00:38:39,882
[boys shouting]
603
00:38:45,801 --> 00:38:48,238
-as you can see with your
Own eyes, mrs. O'hara,
604
00:38:48,369 --> 00:38:51,894
Caroline holden could not
Have known that your son
605
00:38:52,460 --> 00:38:54,157
Was passed out on the
Deck of that boat.
606
00:38:54,288 --> 00:38:57,639
To hold her liable for
His death would be wrong.
607
00:39:04,733 --> 00:39:05,952
-man:
Two weeks and...
608
00:39:06,082 --> 00:39:07,345
-okay.
609
00:39:07,475 --> 00:39:09,695
-judge: sorry.
-okay, thank you.
610
00:39:10,652 --> 00:39:11,784
Bye.
611
00:39:15,831 --> 00:39:18,704
-well, that's it, the
Arbitrator will have a written
612
00:39:18,834 --> 00:39:20,401
Decision in about two weeks.
613
00:39:20,532 --> 00:39:21,924
-two weeks?
614
00:39:22,055 --> 00:39:23,273
You mean I have
To have this thing hanging
615
00:39:23,404 --> 00:39:24,927
Over my head for
Another two weeks?
616
00:39:25,058 --> 00:39:27,843
-what can I say? The wheels
Of justice turn slowly.
617
00:39:27,974 --> 00:39:30,019
-that was a brilliant
Tactical maneuver
618
00:39:30,150 --> 00:39:31,325
Getting everyone
On this scarab.
619
00:39:31,456 --> 00:39:33,022
Well done, councilor.
620
00:39:33,153 --> 00:39:35,373
-thank you, captain,
But let's hold the applause
621
00:39:35,503 --> 00:39:37,113
Until we see how
Effective it was.
622
00:39:40,639 --> 00:39:41,727
-I...
623
00:39:42,989 --> 00:39:47,036
I just wanted
To tell you that I,
624
00:39:47,167 --> 00:39:51,040
I've decided
To drop my lawsuit.
625
00:39:51,171 --> 00:39:53,521
-rose, I strongly advise
You against doing that.
626
00:39:53,652 --> 00:39:56,655
-you were the one who
Pushed me into this.
627
00:39:59,309 --> 00:40:01,573
I never wanted
To sue anyone.
628
00:40:01,703 --> 00:40:04,445
I don't care
About the money.
629
00:40:06,621 --> 00:40:07,970
I guess I...
630
00:40:09,711 --> 00:40:11,321
I needed to blame someone.
631
00:40:11,452 --> 00:40:16,675
Maybe I was blinded
By my anger, or I don't know,
632
00:40:16,805 --> 00:40:18,198
I don't know.
633
00:40:18,328 --> 00:40:20,896
I'm sorry I put you
Through this ordeal.
634
00:40:21,027 --> 00:40:24,465
-mrs. O'hara,
It's okay, and I don't know
635
00:40:24,596 --> 00:40:25,901
If this is going to make
You feel any better,
636
00:40:27,076 --> 00:40:29,905
But not a day has gone
By since your son's death
637
00:40:30,036 --> 00:40:31,777
That I haven't
Thought about him.
638
00:40:31,907 --> 00:40:34,519
And nothing that was said today
Will ever, ever change that.
639
00:40:36,042 --> 00:40:37,304
He'll always be on my mind.
640
00:40:40,568 --> 00:40:43,571
[triumphant music]
641
00:40:55,104 --> 00:40:57,063
[laughing]
642
00:41:13,601 --> 00:41:17,823
[closing theme playing]
47329
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