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  • 2 months ago
Paulette Gil is a very engaged teacher. When she realizes that her pupil Kip has problems she takes special care for him. But Kip interprets it in the wrong way and tells his mates that he had an affair with Paulette. Then he commits suicide and the rumours draw Paulette into court.
Transcript
00:00:00Although fictionalized, the following film was inspired by actual events.
00:03:12Hey, Paul.
00:03:13Hey, Paul.
00:03:14Hey, Paul.
00:03:15Hey, Paul.
00:03:16Nobody kills himself over grades.
00:03:22I mean, especially Kip.
00:03:28I don't think he passed a class his whole life.
00:03:30Excuse me.
00:03:32Hey, Paul.
00:03:33Hey, Paul.
00:03:34Hey, Paul.
00:03:35Hey, Paul.
00:03:36How'd you hear it?
00:03:40It's on TV already.
00:03:42Did he leave a note or anything?
00:03:45Hey, check it out.
00:03:47Check it out.
00:03:48She has some nerve coming around here.
00:04:00What are you doing?
00:04:02What are you doing?
00:04:03Can you believe her showing her face around here?
00:04:06Believe it?
00:04:07Yeah, I believe it.
00:04:09It's the first thing today that's made any sense.
00:04:12Hey, all right.
00:04:13Hey.
00:04:15Hey!
00:04:17Hey.
00:04:18Hey.
00:04:20Hey.
00:04:21Hey.
00:04:22Hey.
00:04:23Hey.
00:04:24Hey.
00:04:25Hey.
00:04:26Hey.
00:04:27today we were supposed to talk about the contrast in styles
00:04:42among writers who came to prominence during the jazz age
00:04:45but at the moment Hemingway and Fitzgerald
00:04:49seem pretty irrelevant to me
00:04:51I'd like to share something with you
00:04:53I think is appropriate
00:04:55Patsy, would you do the honors?
00:05:01okay
00:05:01The Buck in the Snow by Edna St. Vincent Millay
00:05:06how strange a thing is death
00:05:08bringing to his knees
00:05:10bringing to his antlers the buck in the snow
00:05:12how strange a thing
00:05:14can I see a moment please?
00:05:17go on
00:05:17how strange a thing
00:05:21a mile away
00:05:23by now
00:05:24Ms. Gill
00:05:28Mrs. Gill, yes
00:05:29I'm Detective Morse, San Diego PD
00:05:31I just need to talk to you a couple minutes
00:05:33for that when you're through here
00:05:34I'd like to see my aunts
00:05:35have a seat please
00:05:38ma'am I'm doing some follow up
00:05:41on the death of Kip Bausch
00:05:43I understand you were one of his teachers
00:05:45yes
00:05:46as a matter of fact
00:05:47I would have had him this period for junior English
00:05:49ever been to his house
00:05:51the night he died
00:05:53what about before that
00:05:55ever visit Kip at home prior to his death?
00:05:58yes I have
00:05:59is your husband aware of this?
00:06:03look
00:06:03maybe you better tell me what this is about
00:06:05well ma'am
00:06:08there have been allegations made by several of Kip's classmates
00:06:11that you and Kip Bausch-Moyer were lovers
00:06:14a high school is a rumor male detective
00:06:18that was one of many stories making the rounds
00:06:20but I can assure you
00:06:21that's all it is
00:06:23a rumor
00:06:23Mrs. Gill
00:06:25well the people who are making these allegations
00:06:27are not saying they heard you were having sex with the boy
00:06:30they're saying they went over to his house
00:06:32a couple of weekends in a row
00:06:33and watched you have sex with him
00:06:35look I've been in trouble before Mr. Turner
00:06:41got a few priors
00:06:42but this time I swear
00:06:43they got the wrong guy
00:06:44I get the picture
00:06:45can you tell me how the window of Dr. Frank's Mercedes
00:06:48came to be broken?
00:06:49I have no idea
00:06:50I think I was just the first guy the cop saw
00:06:53when he got to the scene
00:06:54story of my life
00:06:56wrong place at the wrong time
00:06:57I'll call the VA's office
00:07:04see what they're offering
00:07:05well you got my number right?
00:07:09I'll be in touch
00:07:09everyone's entitled to a defense story
00:07:15oh I need you to hold down the fort for a couple hours
00:07:18I'm having my boat painted
00:07:19I want to be there when they take her out of the water
00:07:20wait wait wait
00:07:21Roger Gill just called
00:07:22he wants some representation for his wife
00:07:24who?
00:07:25honestly Owen
00:07:26you really should start reading the paper again
00:07:28get my ex-wife on the phone
00:07:35Paulette and Kip had been lovers for some time
00:07:39or so the story goes
00:07:40rumors started circulating
00:07:41and eventually the boys
00:07:43Garrett Evans, Paul Preston and Stuart Cardale
00:07:45confronted Kip about it
00:07:47Kip told them the rumors were true
00:07:48and when they didn't believe him
00:07:49they decided to prove it to them
00:07:51by arranging for them to come over
00:07:53and watch him having sex with him
00:07:55this kid sounds like some victim
00:07:56why'd he kill himself?
00:07:58nobody seems to know
00:07:59but the night of the funeral
00:08:01the boys told their parents
00:08:02what they'd seen
00:08:02the parents called the police
00:08:03the school fired Mrs. Gill a month later
00:08:05our paper broke the story
00:08:06you say that with some pride Roberta
00:08:08well that's a big story Owen
00:08:10I mean you know
00:08:11attractive young teacher
00:08:13secret trysts witnessed by the sons
00:08:15of prominent citizens
00:08:16suicide
00:08:17why the sudden interest?
00:08:23oh I don't know
00:08:25I suppose I like a good scandal
00:08:27as much as the next guy
00:08:28no you don't
00:08:30you're her lawyer
00:08:32aren't you?
00:08:33well it's not 100% yet
00:08:34I'm meeting her and her husband tonight
00:08:36well when they're ready to do an interview
00:08:37I want to be your first call
00:08:39I'm not your ex-wife
00:08:40for nothing
00:08:41well I hate to burst your bubble
00:08:42but I have a feeling
00:08:43this one's going to get settled quick
00:08:44are you sure about that?
00:08:46we hear some pretty important people
00:08:47have an interest in seeing this go all the way
00:08:49like who?
00:08:50you know Kip is from Briarcliff
00:08:52the people out there have a lot of political pull
00:08:54I'm sure the district attorney's office
00:08:57will put up a big show of outrage
00:08:58but at the end of the day
00:08:59this is a rape case
00:09:00where the victim can't testify
00:09:01and the accused is a 28 year old female
00:09:03they have bigger fish to fry
00:09:05of course the press thinks she did it
00:09:07well I suppose we do
00:09:09I mean the boys all pass polygraphs
00:09:11you know
00:09:12besides why would anyone
00:09:13make up a story like that?
00:09:18I've had the car a long time
00:09:19but she's got real low mileage
00:09:20I can't interest you in a trade-in
00:09:23no
00:09:23we don't need two cars
00:09:25besides my wife can't drive a stick
00:09:27well she looks real clean
00:09:28tell you what
00:09:29I'll grab my jacket
00:09:29we'll take them for a stick
00:09:30we gotta be at the lawyers at 5
00:09:33you represented the guy at work
00:09:34on the DWI
00:09:35this guy said he was definitely
00:09:37over the limit
00:09:38but somehow Owen Turner
00:09:39got the whole thing thrown out of court
00:09:40what?
00:09:43the guy recognized me
00:09:44you wanna blow him off?
00:09:48we'll take the car down
00:09:48somewhere else and sell it
00:09:49no
00:09:50what I really want
00:09:51is for you not to sell the car
00:09:52why don't we meet with this lawyer first
00:09:55and see how much it's gonna be
00:09:56I already asked
00:09:57it's 5,000 just to walk through the doors
00:09:58you ready to go Mr. Gill?
00:10:02Paulette
00:10:02the car doesn't mean anything to me
00:10:04I know that's not true
00:10:05I'll be right back
00:10:07for those of you who have never had class with me before
00:10:23let me tell you what you can expect
00:10:25this is junior English
00:10:26we're going to be studying
00:10:28some of the great works of literature
00:10:29this here is Kip
00:10:32oh no
00:10:35here's trouble
00:10:36nice to see you too Patsy
00:10:38hi
00:10:40let's go find a seat
00:10:42go
00:10:43now
00:10:44I think I'm in love
00:10:47I wonder to like those jokes
00:10:49on unemployment
00:10:49Borshmeyer
00:10:50how are you Mrs. Gill?
00:10:52I'd separate him from his cronies
00:10:53he's a lot less funny
00:10:54without an audience
00:10:55where are you going?
00:11:05you want me to move right?
00:11:06I was just explaining my philosophy of teaching Kip
00:11:09and part of it is
00:11:10that every kid that walks through that door
00:11:12starts off with an A
00:11:14that means that at this moment
00:11:16you're one of my best students
00:11:17law offices
00:11:37I'm sorry Mr. Turner's with a client at the moment
00:11:41Mrs. Gill
00:11:43on Friday you will be charged with two counts of sexual assault
00:11:46am I going to have to spend time in jail?
00:11:49you will be out in an hour tops
00:11:51now the good news is
00:11:52their case sounds very weak
00:11:53I gather they don't have a shred of physical evidence
00:11:56and obviously the victim can't testify
00:11:58so
00:11:58that's just what the other lawyer said
00:12:00going into the school board hearing
00:12:01Mr. Gill
00:12:02I understand you were out of town
00:12:03on the nights in question
00:12:04is that right?
00:12:05that's right
00:12:05I have National Guard duty
00:12:06two weekends a month
00:12:07I do have an alibi for one of those nights
00:12:11I was out dinner with Patsy Newback
00:12:13who's that?
00:12:13a girlfriend?
00:12:14another one of my students
00:12:15I understand
00:12:19you also spent some time with Kip
00:12:20outside of the school room
00:12:21would you describe him as promiscuous?
00:12:25what the hell kind of question is that?
00:12:27an important one
00:12:28promiscuity can be a defense on sexual assault
00:12:30that's going to be your defense?
00:12:32she did it but it's okay
00:12:33because he wasn't a virgin?
00:12:34Mr. Gill look
00:12:34no you look
00:12:35I thought I explained this over the phone
00:12:37my wife didn't do this
00:12:38these people are on a witch hunt
00:12:40and we need a lawyer
00:12:41who's willing to take them on
00:12:42Mr. Gill
00:12:43I understand that you have both been through hell
00:12:44now if you want something for your pain and suffering
00:12:47I suggest you contact a civil attorney
00:12:49I'm a criminal defense lawyer
00:12:51my job is to see your wife acquitted
00:12:52by whatever means the law allows
00:12:54it's been really tough on Roger
00:12:58after I was fired
00:12:59he had to drop out of school and get a job
00:13:01and the publicity has
00:13:03it's been really hard to take
00:13:06well I can tell you
00:13:08it's only going to get worse
00:13:09that's why I'd like to explore the possibility of a plea bargain
00:13:12but I'm innocent
00:13:13you didn't ask me that
00:13:15but I am
00:13:16sometimes I think those of us in law enforcement
00:13:20can lose track of what's really important
00:13:22like being able to send your kids off to school
00:13:24without worrying about them being molested
00:13:25so am I concerned that
00:13:27the prosecution of Paulette Gill
00:13:29is a waste of time and money
00:13:31no
00:13:31in fact I would say the message I'm getting
00:13:34is quite the opposite
00:13:35Paulette
00:13:36do you know Earl Cleaver?
00:13:49he heads our sex crime division
00:13:51by reputation
00:13:52your reputation precedes you also Mr. Turner
00:13:54shall we find a room?
00:13:57I understand your office initially declined to press charges
00:14:00only because of the difficulties associated with prosecuting without Kip's testimony
00:14:04since then new evidence has surfaced that convinced us
00:14:06that this prosecution was warranted
00:14:08I was just telling Earl what a zoo it was this morning
00:14:15given the nature of this case I think it's safe to say
00:14:17we should all anticipate intense media scrutiny
00:14:19yes well it's good to see you're doing all you can to minimize that Earl
00:14:22given all the hoopla I'm surprised you didn't assign a second chair
00:14:26oh Hugh is the second chair
00:14:29I'm the lead prosecutor on this
00:14:31you mean you personally?
00:14:34Hugh is a fine prosecutor
00:14:36but the DA and I both felt that given the public interest in this case
00:14:40the most experienced hands should be put on
00:14:41but we're getting ahead of ourselves
00:14:43and we're here to avoid going to trial
00:14:45here's our offer
00:14:46she pleads guilty to one felony count
00:14:49we drop the other charge
00:14:51we recommend that she does two years probation
00:14:53and we'd also want some guarantee that she'd never teach a school again
00:14:56are you serious?
00:14:58oh it's a fair offer
00:14:59if this goes to trial
00:15:00we'll be asking for the maximum on both counts
00:15:02she could do four years
00:15:02oh come on
00:15:03there's no evidence that this relationship
00:15:05if it even existed
00:15:06was anything but consensual
00:15:07that's not informed consent is it?
00:15:11we like our case Mr. Turner
00:15:12we have three eyewitnesses
00:15:14these boys and nice kids
00:15:15good solid families
00:15:17nothing to gain by lying
00:15:18sure impressed the hell out of the grand jury
00:15:19there's also a statement she gave the police on
00:15:22she acknowledges she was in the house twice in November
00:15:24to help him with some personal problems
00:15:26she did it
00:15:27we know she did it
00:15:29and it's going to be easy to prove
00:15:30well I still can't take her an offer like that
00:15:32she claims she's innocent
00:15:33well I guess we'll see in court
00:15:35see any good?
00:15:47he was outstanding
00:15:48hasn't had a lot of trial work though lately
00:15:51burnt out?
00:16:02Miss Gill
00:16:03yeah I saw you on TV again
00:16:06yeah I'm getting to be a real celebrity Danny
00:16:09I'll tell you it's not much fun
00:16:12well at least you look good
00:16:15I mean that's something right?
00:16:16yeah
00:16:16what's with the books?
00:16:21don't tell me you're back in summer school
00:16:23afraid so
00:16:25you all know what happens
00:16:26the weather turns nice
00:16:27suddenly my grades go south
00:16:29you know I was going to ask you
00:16:31you think you could help me with my homework again this summer?
00:16:34oh gee Danny
00:16:34I don't think that's such a hot idea
00:16:37Danny!
00:16:39oh hell
00:16:40get in the house
00:16:41now
00:16:42get in the house
00:16:43don't talk back to me
00:16:43I will deal with you later
00:16:44I told you to leave him alone
00:16:48he talked to me first
00:16:50I don't care if he did talk to you
00:16:51nothing said you got to answer
00:16:52this is my trial
00:16:53what's going on?
00:16:54it's okay Roger
00:16:55your wife
00:16:56was talking to my boy
00:16:57I told her last time
00:16:58I would call the police
00:16:59and I will
00:17:00well maybe what your boy needs is a leash
00:17:01Roger that's not necessary
00:17:02look you're on my property lady
00:17:04now get the hell off
00:17:04before I call the cops
00:17:05you know something?
00:17:07I cannot wait
00:17:08until they lock you up
00:17:09people like you
00:17:10do not belong in decent company
00:17:12Roger
00:17:12you get in the house
00:17:15I wish you wouldn't get into it with her Roger
00:17:21you know what she's like
00:17:22anyway
00:17:24I'm glad you're home
00:17:26I'm dying to call Owen
00:17:27trial starts in eight weeks
00:17:33you called him?
00:17:36that's right
00:17:36I knew he wasn't gonna
00:17:39be able to make any deals
00:17:40I figured I'd spare you the grief
00:17:42I don't want to be spared
00:17:50all right
00:17:50Roger I'm the one
00:17:52who's going on trial
00:17:53you sure seem relaxed about it
00:17:55what is that supposed to mean?
00:17:57well you're talking to Danny again
00:17:58despite what his mother told you
00:18:00despite what I told you
00:18:01you're talking to him again
00:18:01well he initiated it
00:18:03the law says he can't initiate anything
00:18:04Paulette
00:18:05the law says that
00:18:06you're the adult
00:18:07whatever happens
00:18:08is your fault
00:18:09I'm not gonna stop being a human being
00:18:12because of what somebody might think
00:18:14all right
00:18:16have it your way Paulette
00:18:17just remember those people whose opinions are so blithely dismissing
00:18:20that's who's gonna be sitting in that jury box
00:18:23I hope your coach isn't gonna give you grief about missing football practice
00:18:50he doesn't have much choice
00:18:51if I don't get my grades up
00:18:53I won't be on the team
00:18:54you know Kip
00:18:57you have a real flair for language
00:18:59your spelling however
00:19:01hey I'm usually getting off of practice about this time
00:19:11noticed you're always still here
00:19:13a lot of kids need extra help this term
00:19:16your husband doesn't mind?
00:19:20I mean if I were married to a woman who looked like you
00:19:22I'd want you home
00:19:23not hanging out with a bunch of jerky teenagers
00:19:26Roger's in grad school
00:19:28he spends most of his nights at the library
00:19:30you know Kip
00:19:36I encourage you guys
00:19:37to say whatever's on your mind
00:19:39but I think some things should be off limits
00:19:42I'm sorry Mrs. Gill
00:19:43I meant it as a compliment really
00:19:45I'm still your teacher
00:19:48and I'm a married woman
00:19:50don't compliment me too much
00:19:52I'm still yourależy
00:20:00and I'm still your girl
00:20:02I'm still your girl
00:20:07and I have no is there
00:20:18you I'm still your daughter
00:20:19Hi, Miss Newbeck, uh, Patsy Newbeck?
00:20:26Yeah?
00:20:27My name is Fred Cobb.
00:20:28I'm an investigator working for, uh, Paulette Gill.
00:20:31I was wondering if I might ask you a few questions.
00:20:34Mrs. Gill was telling me that you and she had dinner on, uh, November 17th last year?
00:20:40We had dinner together lots of nights.
00:20:41There's not one that really sticks out. Sorry.
00:20:43Uh, Miss Newbeck, Mrs. Gill also told me that when she was fired,
00:20:46you went to the school principal and told him that these boys had to be lying?
00:20:52You think we could talk a little bit about that?
00:20:57All right. Uh, come in for a moment.
00:21:04Maria, por favor.
00:21:08Look, it's true that I went to the principal,
00:21:11but just to say that I didn't believe these guys,
00:21:13I never said that I had any first-hand information about what they might or might not have seen.
00:21:18But you did have dinner with her on one of the nights in question?
00:21:23I might have.
00:21:24I just don't remember.
00:21:26I'm sorry, Mr. Cobb.
00:21:27I don't think I'm going to be with much help.
00:21:29What's going on here?
00:21:30Who are you?
00:21:31Fred Cobb.
00:21:32Uh, Mr. Newbeck, is it?
00:21:33Uh, he's a private investigator for Paulette, Daddy.
00:21:38I think you'd better go.
00:21:39You have no business sneaking around the neighborhood trying to catch people off guard.
00:21:43But I invited him to...
00:21:43Stay out of this.
00:21:44My attorney is Buddy Reston of Reston and Myers.
00:21:47Yeah, write that down.
00:21:48You have any more questions for my daughter, you give him a call.
00:21:54Oh, and, uh, thanks for your time, Ms. Newbeck.
00:21:56Let me have Evie Boshmoyer, please.
00:22:18Evie, Don Newbeck.
00:22:20Listen, I think it might be a good idea if we got everybody together.
00:22:23Hey, let's not overreact here.
00:22:26It's not like she wasn't going to put on a defense.
00:22:28So I spoke to Earl Cleaver, let him know what's going on.
00:22:31I also spoke to my own attorney, who tells me that we're under no legal obligation to cooperate.
00:22:36What about witnesses planning on testifying for the prosecution?
00:22:39Makes no difference.
00:22:40Stewie and Garrett are under 18.
00:22:42They can't even be contacted without your consent.
00:22:44But Paul just turned 18, Don.
00:22:46He still has to give his consent, Margie.
00:22:48Unless her attorney gets a court order.
00:22:52Which Cleaver thought was very unlikely.
00:22:54Would you excuse me for just a moment?
00:22:57I'm so sorry you all got dragged into this.
00:23:00Evie, you put that thought out of your head.
00:23:03Garrett has told me many times that he has no regrets.
00:23:05And Stewie and Paul feel the same way.
00:23:07Hey, where are you going?
00:23:10Out.
00:23:10Without saying hello to our guests?
00:23:13I'm in a hurry.
00:23:15Suit yourself.
00:23:16But the problem will still be here when you get back.
00:23:19Look, Daddy.
00:23:20For the last time, I don't know anything about Paulette and Kip.
00:23:23I think you do know something.
00:23:25The way you and that Gil woman piled around.
00:23:27Hell, you probably know everything.
00:23:29Patsy, do you understand that it's not just about Kip's family anymore?
00:23:32Do you know that if Mrs. Gil is found not guilty,
00:23:34she can turn around and sue the boys and their families, our friends,
00:23:38for everything they own?
00:23:39And there's a bigger picture here, Patsy.
00:23:41There really is.
00:23:42Somebody has got to protect our way of life from sleazy influences like that.
00:23:46Do you understand that you go to a public school
00:23:48that is better and safer than most private ones?
00:23:50You think that happens by accident?
00:23:52Well, if it happened in Briarcliff, Daddy,
00:23:54I'm sure you had something to do with it.
00:24:07Owen?
00:24:07Hey, Freddo.
00:24:10How'd it go this week?
00:24:12Same as last.
00:24:13Must have talked to about two dozen kids, some of the teachers too.
00:24:16Nobody knows anything.
00:24:19Did you get through the DA's file yet?
00:24:21Almost.
00:24:22And I'll tell you, they're not having the same trouble we are.
00:24:25I've defended murderers who didn't have this many people saying bad things about them.
00:24:29Mrs. Gill frequently wore tight-fitting sweaters to school where you could see her nipples.
00:24:35Mrs. Gill had parties for students in her home where she served margaritas.
00:24:39Mrs. Gill gave Kip BD.
00:24:41Roger Gill told me this thing was shaping up as a real witch hunt.
00:24:45So what now?
00:24:47Once you get past all the hearsay and innuendo,
00:24:50Cleaver's whole case really comes down to the testimony of these boys.
00:24:52I think our defense has to be that they are just flat out lying.
00:24:55What's their motive?
00:24:57Well, their friend had just killed himself.
00:24:58Somebody had to take the heat, right?
00:25:00Yeah, these boys are real Eagle Scouts, though.
00:25:02And even if they were looking for a scapegoat,
00:25:03it's hard to believe they'd commit perjury to do it.
00:25:06Kip died on Thursday.
00:25:08His funeral was on Monday.
00:25:09That gave him three days to cook this thing up.
00:25:12From now on, I want you to see what you can find out about where they were that weekend.
00:25:15Yeah, I'll do my best.
00:25:18I haven't seen you this worked up in quite a while, Owen.
00:25:22You know, I don't mind a fair fight,
00:25:23but these rich folks are ganging up on our client, Fred.
00:25:26That irritates me.
00:25:27They may be ganging up on her, but that doesn't make her innocent.
00:25:31You have doubts about that?
00:25:33She seems like a real nice lady.
00:25:35On the other hand, it's been my experience
00:25:37that there's usually at least a little fire at the center of this much smoke.
00:25:44I don't want you to be concerned about this lack of cooperation.
00:25:47It's not unusual.
00:25:48And Cobb will keep talking to kids right through the trial.
00:25:51What about Patsy?
00:25:52She wasn't too helpful, but calling her presented certain problems anyway.
00:25:56Like what?
00:25:57She's not a perfect alibi.
00:25:58You could have had dinner with Patsy and then gone over to Kip's.
00:26:01And I think we want to soft-pedal your extracurricular relationship
00:26:04with these kids as much as possible.
00:26:07Now, a number of people have commented on Kip's flirtatiousness with you.
00:26:10I'd like to know a little more about that.
00:26:13It was strictly a teasing kind of thing.
00:26:15For example, there was one day last term.
00:26:17Um, we hadn't really spent much time together.
00:26:20So you can imagine my surprise when he blurts out...
00:26:23I would kill the guy who would make love to you.
00:26:27What is that supposed to mean?
00:26:30That's my new pickup line, Mrs. Gill.
00:26:32What do you think?
00:26:33I think a girl your age would probably prefer a less direct approach.
00:26:38I guess I'll have to keep practicing.
00:26:40Yeah.
00:26:40You never reported this behavior to anyone?
00:26:48If I reported every boy for every comment he'd made,
00:26:51I would have spent half my time in the detention office.
00:26:53I understand.
00:26:54But subsequently, you went to his home alone in the evening.
00:26:58Now, the prosecution can argue that you were responding to a sexual invitation from him.
00:27:02What nobody has mentioned yet is that there was another side to Kip.
00:27:06When he was alone with me, he was completely different.
00:27:10Serious, sensitive.
00:27:12That was the side I was interested in.
00:27:14I don't think he believed me.
00:27:16It's not his job to believe you.
00:27:20That pickup line business, you never told me about that either.
00:27:24You never told me he said anything that overt.
00:27:26Didn't I?
00:27:27No.
00:27:28I guess I was just embarrassed.
00:27:30I'm sorry.
00:27:31Listen, it's still light.
00:27:32You want to stop and get some coffee or ice cream or something?
00:27:35No, Paulette.
00:27:38I just want to get home.
00:27:43This is Jake McGee here at the San Diego County Courthouse,
00:27:47where the crowd is building on this first day of Paulette Gill's sex trial.
00:27:53This is Mary Kay Andrade reporting live from the San Diego County Courthouse.
00:27:58This is Joe Friedman.
00:27:59Okay, here's a sound check.
00:28:01It's the first day of the sensational Paulette Gill's sexual assault trial.
00:28:05Relax, Roger. We have plenty of time.
00:28:24I'm going to wait outside.
00:28:26I'm going to wait outside.
00:28:26So today's a big day, huh?
00:28:52Yeah.
00:28:53We'll be leaving for court soon.
00:28:55Good luck.
00:29:06So how's school?
00:29:08Well, actually, I'm running for student council.
00:29:12Can you believe it?
00:29:12Danny, that's wonderful.
00:29:14Yeah.
00:29:15I mean, it's just for class rep, but actually, I got to give a speech this afternoon.
00:29:19I had to come up with a platform and everything.
00:29:20Uh, do you want to take a look at it?
00:29:23Oh.
00:29:26Now's not really a good time.
00:29:28Besides, your mom would kill me.
00:29:30She already left for work.
00:29:32Please, Miss Gill.
00:29:33It'll only take a second.
00:29:39That's great.
00:29:40That may be too long, though.
00:29:41Hi, I like this.
00:29:42And then if I can't hear you.
00:29:46Paulette, for crying out loud.
00:29:47It's all right, Roger.
00:29:49His mom's at work.
00:29:49I'll just be one minute.
00:29:51Okay.
00:29:52But you know what's great is that you're going to do with a job.
00:29:54So I'd like this other thing.
00:29:55I'm going to have you here with fun also.
00:29:59That's really good.
00:30:00I guess you can learn more.
00:30:02Okay.
00:30:04Kids really respond to her, huh?
00:30:06Oh, yeah.
00:30:08My wife loves teaching, Owen.
00:30:11She's got a real gift for her.
00:30:22There they are!
00:30:22Paulette!
00:30:23Paulette!
00:30:23Paulette!
00:30:24Paulette!
00:30:24Paulette!
00:30:25Paulette!
00:30:25Paulette!
00:30:25Paulette!
00:30:26Paulette!
00:30:26Paulette!
00:30:27Paulette!
00:30:28Paulette!
00:30:28Paulette!
00:30:29Paulette!
00:30:29Dickie!
00:30:30Raise your right hand.
00:30:31When you swear the testimony you're about to give is the truth, the whole truth, and nothing
00:30:34but the truth, so help you God.
00:30:35I do.
00:30:36Would you state your name for the record?
00:30:40My name is Evie Bauschmoyer.
00:30:42I live on Bridal Ridge Road with my husband, Wayne, and my daughter, Tracy.
00:30:47My son, Kip, also lived there with us.
00:30:50Mrs. Bauschmoyer, I know this is painful, but would you describe how you first learned
00:30:54that Kip had killed himself?
00:30:59I'd picked my daughter, Tracy, up from school.
00:31:02I had just finished grocery shopping.
00:31:03Tracy?
00:31:04Is your brother in this room?
00:31:05If that boy skipped school again, I don't know what I'm going to do it.
00:31:09Tracy?
00:31:10Tracy?
00:31:11Tracy?
00:31:12Oh!
00:31:13Mommy, what's happened to Kip?
00:31:14He's sick, honey.
00:31:15Come with me.
00:31:16Tracy, now!
00:31:17I call a doctor.
00:31:18I called my office.
00:31:19I asked them to notify the authorities.
00:31:20I needed to deal with my daughter right then.
00:31:21I was old.
00:31:22Dr.
00:31:35How old are you?
00:31:36Did her know you were sick?
00:31:37Do you know what I was going to do?"
00:31:38How old are you?
00:31:39I called my office.
00:31:44I asked them to notify the authorities.
00:31:46I needed to deal with my daughter right then.
00:31:50Then I phoned my husband.
00:31:52Shortly after this, people began to arrive?
00:31:55Yes.
00:31:56By then, it had been on the news.
00:31:59Did you see the defendant, Paulette Gill, at your house that night?
00:32:03Yes, I did.
00:32:04And at Kip's funeral the following Monday, did you see her there, too?
00:32:09Not at the funeral, no.
00:32:11But afterwards, there was an open house.
00:32:14I'm Paulette Gill, Mrs. Bauschmoyer.
00:32:17I had Kip for English.
00:32:19Oh.
00:32:20Well, thank you for coming.
00:32:22I know Kip wasn't very popular with his teachers.
00:32:25Well, maybe that's because they didn't really know him.
00:32:28I can tell you he was very special to me.
00:32:31She told you he was very special to her?
00:32:33That's what she said.
00:32:35No further questions.
00:32:39Mrs. Bauschmoyer, isn't it true you blame this woman for the death of your son?
00:32:48I wouldn't say that, no.
00:32:50Naturally, we wonder what influence she may have had.
00:32:53Isn't it also true that when the DA's office initially declined to file charges,
00:32:58you called persistently until that decision was reversed?
00:33:00My son had been molested, Mr. Turner.
00:33:03How do you know?
00:33:05I have the word of people I trust.
00:33:08Plus, my own impressions of her conduct at the open house.
00:33:12I believe you said she came by to pay her respects,
00:33:18told you she taught your son liked him personally,
00:33:21and gave you a hug.
00:33:23That's correct.
00:33:24What is it exactly you find so peculiar about that, ma'am?
00:33:28It was obvious she thought of herself more as a friend than a teacher.
00:33:33So you find it strange that she liked Kip enough to consider him a friend?
00:33:37Objection.
00:33:38Argumentative.
00:33:39Sustain.
00:33:41Mrs. Bauschmoyer, there were other teachers at Kip's funeral, weren't there?
00:33:44At the funeral?
00:33:46Not at the open house.
00:33:48On the nights of November 17 and 24,
00:33:50do you have any knowledge of Paulette Gill coming to your home?
00:33:54Kip's room was at the other end of the house.
00:33:57We wouldn't have any idea what was going on in there.
00:33:59You had a dog.
00:34:00Wouldn't your dog bark if a stranger came to your home at night?
00:34:03I suppose she would.
00:34:05Do you recall her barking on either of those nights?
00:34:08No.
00:34:17You think they'd at least send someone out to let us know what's going on, you know?
00:34:24I don't know how you guys could all be so casual about this.
00:34:26Paul, come on, all right?
00:34:28We're all in the same boat.
00:34:29Yeah.
00:34:29You know, it's starting to sound like you saw you even here.
00:34:32I'm not saying that.
00:34:34Just really stressed out by all this, you know?
00:34:37Okay.
00:34:37Look, let's just not forget why we're here, all right?
00:34:40Yeah, we're here for him, man.
00:34:41That's right.
00:34:42We're here for Kip.
00:34:43Come on.
00:34:49I don't believe it, not for a second.
00:34:51You saw how she was with me just now.
00:34:53The same way in class, always looking at me.
00:34:55Ask Paul.
00:34:55She's like that with everybody.
00:34:56No, she's not.
00:34:58Look, I knew she was interested in me from the beginning.
00:35:00One night I hit on her, and she's like,
00:35:02oh, no, I'm a teacher and I'm married.
00:35:04So I figured I was wrong.
00:35:05Then a few weeks later, she asked me to go have coffee with her.
00:35:07Starts telling me about how her husband doesn't understand her.
00:35:10That was a month ago, boys.
00:35:11I've been having her ever since.
00:35:13Come on.
00:35:13Look, I know it's hard to believe, but it's...
00:35:14Well, it's impossible to believe.
00:35:16Wait a minute.
00:35:17Wait a minute.
00:35:19This time, you've got to put your money where your mouth is.
00:35:26I'm looking for Leland Groon.
00:35:29Yeah, who are you?
00:35:31Name's Fred Cobb.
00:35:32I'm a private investigator working on the Paulette Gill case.
00:35:35Are you Mr. Groon?
00:35:36Yeah, that's me, but I don't know what I can tell you,
00:35:39because I only went to school there for about a year.
00:35:41Okay, thanks.
00:35:42Say, how'd you happen to come talk to me?
00:35:47Mrs. Gill gave me a list of students she thought might have something good to say about her.
00:35:51Mrs. Gill was all right to me.
00:35:53She tried to get me to stay in school.
00:35:58I wouldn't want to testify or anything.
00:35:59Come on.
00:36:09These other guys, Garrett, Paul, and Stewie, were part of the most popular crowd in school.
00:36:15And Kip had been part of that crew, too, but there was some kind of falling out.
00:36:21And it was around this time that we all started hearing rumors about him and Mrs. Gill.
00:36:25And Kip kills himself.
00:36:26And all I know is that the night after Kip died, Garrett, Paul, and Stewie and a bunch of other kids went out to the ice house.
00:36:33Right, the ice house.
00:36:34What's that?
00:36:35It's a factory out near Miramar, and kids from school used to go out there and party.
00:36:39And I heard that's where they decided to make this up.
00:36:44I talked to a lot of kids this summer.
00:36:46Why haven't I heard about this before?
00:36:48Oh, I know.
00:36:48I wasn't in any rush to come forward.
00:36:51Personally, I don't care what people think, but my parents had just joined a country club.
00:36:55Now, wait a minute.
00:36:56Are you saying you felt that you were discouraged from coming forward?
00:37:01You guys really are in the dark about this, aren't you?
00:37:05Kip's family and the families of the other three, they've had their own investigation going on since last year.
00:37:09And in Briarcliff, the word's out.
00:37:13You're either with them or against them.
00:37:15I honestly don't see any grounds for delay, Mr. Turner.
00:37:18Your Honor, I now have reason to believe that much of this new evidence that Mr. Cleaver claimed as his reason for filing charges
00:37:23comes from a group of citizens who have a vested interest in the outcome of this case.
00:37:26As I understand it, all those people are doing trying to protect themselves from any possible civil action from Mrs. Gill.
00:37:31There's nothing illegal about that.
00:37:33And I hardly think the existence of this one boy proves widespread coercion, Mr. Turner.
00:37:37Your Honor, this one boy statement alone raises questions about the credibility of the rest of the boys who are going to be testifying here.
00:37:43What possible reason could I have for filing charges if I had any questions about their credibility?
00:37:47Well, it got every Bouchmoyer off your back, didn't it, Earl?
00:37:50The way I figure it, this trial is a win-win proposition for you.
00:37:52My job is simple. I look at the evidence and I look at the statute. If I get a match, I prosecute.
00:37:59Your request for continuance is denied. The only thing that's relevant here is where the defendant was on the nights of November 17th and 24th.
00:38:06And that's what we're going to find out right now. Proceed with your witness.
00:38:39Yes, sir.
00:38:40Kip told us that she was coming over that night and asked if we would go help set up his room so that we could see.
00:38:46And what were some of these preparations?
00:38:48His window was kind of high up, so we had to stack some paving stones to stand on.
00:38:54And he had these curtains that we had to rig so that we could see better.
00:38:57And what happened after you finished setting up his room, Paul?
00:39:02We went home.
00:39:03And then later I picked Garrett up and we drove back over to Kip's.
00:39:06I knew what kind of car Mrs. Gill drove because I'd seen it a bunch of times at school.
00:39:14It was parked right where Kip had said it would be.
00:39:17Now at this point we're thinking, maybe she's just over there talking to him, right?
00:39:21But on the way up to the house, I started to get cold feet.
00:39:24I said I didn't want to go, so Garrett went first.
00:39:31I was scared we'd be caught.
00:39:44And then after a minute, he comes back and he says, somebody's about to do something to somebody.
00:39:50And that's when I went up to the window.
00:40:01When you first looked through the window, what did you observe, Paul?
00:40:09Exactly.
00:40:14I saw my best friend Kip Bauschmoyer and my teacher Mrs. Gill having sex.
00:40:20Order! Order!
00:40:22Order!
00:40:31Your witness, Mr. Turner.
00:40:34Mr. Preston.
00:40:38Yesterday you described preparations you made in order to better see Kip and the defendant having sex.
00:40:44For example, you stacked up some stepping stones.
00:40:46Do you recall why you did that?
00:40:48It made it easier to see.
00:40:51Your Honor, may I?
00:40:54Would you step over here, please?
00:41:01Now, I want you to imagine that the jury box is Kip's bed.
00:41:05Earlier, some photos were introduced indicating that the bedroom window is five feet from the base of the house.
00:41:11How tall are you, Paul?
00:41:12I'm 5'10".
00:41:145'10".
00:41:14Now, I want you to look at the jury while I measure out five feet.
00:41:24Garrett's shorter, I think.
00:41:27Actually, he's an inch taller, but okay.
00:41:29I'll measure out two more inches.
00:41:30I'd like the record to reflect that I measured out five feet, two inches, and yet Mr. Preston can still see the jury easily over the top.
00:41:42Can't you?
00:41:43Yes, sir.
00:41:45You can sit back down.
00:41:46Now, when you were before the grand jury, you testified that after Kip and Mrs. Gill had made love, he turned the lights off to signal that they were finished.
00:41:59Do you recall that being part of the plan?
00:42:00Yeah, yes, that's right.
00:42:04He said, when I turn the lights off, you guys have to leave.
00:42:08So what you're saying is, they made love with the lights on, and then when they were ready to go, he turned the lights off and they got dressed in the dark.
00:42:14Yeah, well, maybe a lot of the stuff we did wasn't necessary, but it's not like any of us had any experience with this kind of thing.
00:42:30That'd be one explanation.
00:42:32Another might be that you guys made up the story and then never got around to going over to Kip's house to see if it checked out.
00:42:38That's not true.
00:42:40And we never discussed this among ourselves until after we gave our statements to the school.
00:42:45Have you ever heard of a place called the Ice House, Mr. Preston?
00:42:52Yeah, I've heard of it.
00:42:55It's a place Kip's from school used to hang out sometimes.
00:42:58And weren't you hanging out there the weekend after Kip died, along with Garrett Evans, Stuart Cardell, and several others?
00:43:04Yeah, yes, sir. I suppose we were, yeah.
00:43:10Kip had just committed suicide, and yet the subject of what you had all witnessed between Kip and Paulette Gill never came up.
00:43:17Is that your testimony, Mr. Preston?
00:43:23Mr. Cardell, could you please tell us what happened on the weekend of November 24th?
00:43:29The weekend of November 24th, Paul and I were staying over at Kip's house.
00:43:33His parents had already gone to bed. We were just getting ready to watch video when the phone rings.
00:43:42And what time was this?
00:43:45About 11.30.
00:43:49So Kip's on the phone for a couple minutes.
00:43:51When he gets off, he's got this great big grin on his face.
00:43:54And he says to Paul, it's on again for tonight.
00:43:57At that point, they told me that Mrs. Gill and Kip had sex the weekend before.
00:44:01Well, and what did you think of all this, Mr. Cardell?
00:44:04I believed it.
00:44:05I had her as a teacher.
00:44:07You could say I'd, uh, seen her in action.
00:44:12Order.
00:44:13Let's leave the humor to the lawyers, Mr. Cardell.
00:44:16Please proceed.
00:44:18So anyway, Paul and I go outside to wait.
00:44:19About ten minutes later, she shows up.
00:44:22I watch for 45 minutes, maybe.
00:44:24Now, how was Mrs. Gill as a teacher?
00:44:47She was okay.
00:44:48She actually went out of her way to give you a lot of extra help, didn't she?
00:44:53Yeah.
00:44:54Did she ever make any sexual overtures to you?
00:44:56No.
00:44:57So when you say that her actions contributed to your conclusion that Kip and Paul were telling the truth,
00:45:01what are you talking about?
00:45:04It was just a feeling I got.
00:45:07After Mrs. Gill left, did you guys talk about what had just happened?
00:45:10You know, I don't think we ever really talked about it.
00:45:17Until after we gave our statements to the school.
00:45:19You mean even at Kip's funeral?
00:45:21And when you were all together the night he died, you didn't talk about it?
00:45:25I don't believe so.
00:45:26What about when you were all out at the ice house, Mr. Cardell?
00:45:29No.
00:45:29But you were out at the ice house together, weren't you?
00:45:31He is killing us with this ice house business.
00:45:35Yeah.
00:45:36Yeah, we were there.
00:45:38No further questions.
00:45:40Let's hold Garrett back for now.
00:45:42I want to interview him again.
00:45:43I want you to call Don Newbeck, tell him it's time to fish or cut bait.
00:45:46Got it.
00:45:46Any redirect, Mr. Cleaver?
00:45:47Sorry, Your Honor.
00:45:49In view of the hour, Your Honor, the state requests a recess until tomorrow.
00:46:02You were great today.
00:46:04That's not just my opinion.
00:46:05The whole press corps is talking about how you're kicking their butts.
00:46:08Well, it's early yet, but thanks, Bob.
00:46:10So why the long face?
00:46:15I guess I'm still bugged by the way Cleaver stood by while the town held its inquisition.
00:46:20Oh, don't be such a boy scout.
00:46:22The people in Briarcliff want justice, and if they're in a position to pull some strings, I say more power to them.
00:46:27That's just how the system operates.
00:46:28Yeah, well, may I remind you, you and I are part of this system.
00:46:31Yeah, and I've seen you work that system plenty to put some really awful people back on the street.
00:46:35Yeah.
00:46:36Who always says winning is all that matters?
00:46:37The first day I went to pick them up for court, the boy across the street came over to ask Paulette's help for a project at school.
00:46:48I mean, here she was about to enter the arena, yet she was willing to take the time to help some kid with his homework.
00:46:53Look, that's when I knew this woman cares too much about teaching to get involved in anything like this.
00:47:00I think you're being a little naive about her.
00:47:03I mean, even nice people can rationalize almost anything in the name of passion.
00:47:07Look at us.
00:47:08Roger?
00:47:31Roger?
00:47:38You know, it occurred to me I haven't cooked for you in ages, so I decided to whip up a special batch of my stir-fry.
00:47:53Come here.
00:47:54This is really sweet of you.
00:47:57You like it?
00:47:58Sit.
00:48:01It's good.
00:48:05Would you like some champagne, my dear, huh?
00:48:07Champagne, too?
00:48:10It's either that or diet cranberry juice.
00:48:12Decide to live dangerously.
00:48:22I really appreciate the thought, but I don't think I could get down a bite of food.
00:48:28Well, maybe what you need is to work up a little appetite.
00:48:33Huh?
00:48:34Come here.
00:48:35Come here.
00:48:38You look beautiful.
00:48:45Stepping on your feet, am I?
00:48:54I don't feel very candid right now.
00:48:57Oh, you are.
00:48:58Believe me.
00:48:58It's okay.
00:48:59It's okay.
00:49:17I'm really not up for this right now.
00:49:21Roger, please.
00:49:22Please.
00:49:22Please be patient with me.
00:49:33As the boy's vice principal, it was my decision to transfer Kip Boschmeyer into her class.
00:49:38Miss Gill ran a somewhat informal classroom, but I thought the boy might do better in that environment.
00:49:43Did he?
00:49:44At first he did.
00:49:45But then I kept hearing that she was keeping him after class a couple times every week.
00:49:49Objection.
00:49:50Your Honor, this is blatantly misleading.
00:49:52There is no offer of proof that anything but studying went on at these after-school sessions.
00:49:56Let me see you two lawyers up here right now.
00:50:05Mr. Cleveland, what is your theory of admissibility on this?
00:50:08But given her informal manner and her willingness to meet with them one-on-one, Kip no doubt saw these after-school sessions as an open invitation.
00:50:14To do what?
00:50:15Study.
00:50:16I'm going to sustain the objection.
00:50:18As long as we're here, Your Honor.
00:50:19It's my understanding that the testimony of the next three witnesses goes exclusively to the issue of whether or not Mrs. Gill's attire in school was too provocative.
00:50:26Again, Judge, it's our contention that her relationship with Kip was just part of a whole range of unacceptable conduct.
00:50:31Perhaps.
00:50:32But I'm not going to allow her to be convicted of sexual assault based on what she would have worked.
00:50:36Now, do you have any other questions for this witness?
00:50:38No.
00:50:39Step back.
00:50:40Mr. Garcia, you're excused.
00:50:51Do you have any other witnesses you can call at this time?
00:50:54We do, Your Honor.
00:50:55She's not on our list, having only recently come forward, but she is in the building and ready to testify.
00:51:00Call your witness, Mr. Cleaver.
00:51:02The state calls Patricia Newbeck.
00:51:10Please proceed.
00:51:25Miss Newbeck, your relationship with the defendant was more than the usual teacher-student relationship, wasn't it?
00:51:31We were also close friends, yeah.
00:51:34How did your friendship come about?
00:51:35At first, it was based on my schoolwork, and then as we discovered we had mutual interests, we started hanging out together outside of school.
00:51:45You mean you would socialize in each other's homes, maybe go out to eat?
00:51:49Yes.
00:51:50I'd like to call your attention to the night of November 17, 1992.
00:51:54Do you recall where you were between 9 and 11 that night?
00:51:58Paulette and I had dinner at Joy Garden.
00:52:01It's a Chinese restaurant near school.
00:52:03Do you recall the conversation?
00:52:05Yes, I do.
00:52:09You asked my opinion, Patsy, and I'm telling you, I don't think you should be giving Bobby that kind of commitment.
00:52:15We really love each other.
00:52:16Why is it so hard for everybody to understand?
00:52:19I understand.
00:52:20I was in college, I was dating Roger, I was in love, and now here it is a few years later, and people don't always evolve in the same direction.
00:52:32God, Paulette, you and Roger aren't having problems, are you?
00:52:38I love Roger, but I don't think either of us really...
00:52:43She went on to say that since Roger had started grad school, he had gotten totally caught up in his work.
00:52:50She said he was distracted and losing interest in her.
00:52:53And had another complication in the Gill marriage developed at this time?
00:53:01Yes.
00:53:03Paulette told me she might be falling in love with Kip Bauschmoyer.
00:53:06Did she say what those feelings were based on?
00:53:10Kip was crazy about her.
00:53:13He was always interested in everything she had to say.
00:53:15Was it your impression that those feelings had been acted upon?
00:53:19That's how the subject came up.
00:53:22Paulette had a date with Kip that night, and she wanted me to cover for her.
00:53:26If my teachers looked like that, I probably would have killed myself, too.
00:53:31You know what she said when they caught her?
00:53:33No, what's that?
00:53:34She's cramming for an exam.
00:53:37You little dog!
00:53:39You crazy?
00:53:44Just two more questions.
00:53:45Would you say you were also close friends with Garrett Evans, Stuart Cardell, or Paul Preston?
00:53:50No, I'm not friends with their group at all.
00:53:53Have you ever been to the Ice House?
00:53:54I don't even know where that is.
00:53:57No further questions.
00:53:59Ms. Newbeck, you knew Kip Bauschmoyer pretty well, didn't you?
00:54:02Our families were close, yes.
00:54:05Initially, you were one of Mrs. Gill's strongest supporters.
00:54:07You told the school principal, your parents, anyone who would listen,
00:54:10that you thought Paulette Gill was not guilty of these charges.
00:54:14That's true.
00:54:15What prompted you to change your story?
00:54:19Paulette and I were friends, but I felt that what she had done was wrong,
00:54:23so I decided I couldn't support her anymore.
00:54:25When was that?
00:54:27I don't remember exactly.
00:54:29Ms. Newbeck, this is a statement you made to the district attorney's office in April of this year.
00:54:34Do you recognize it?
00:54:35Yes.
00:54:36You told the district attorney's office you had no relevant information, didn't you?
00:54:48Yes.
00:54:49And when my investigator, Mr. Cobb, spoke to you last July and asked you about having dinner with Mrs. Gill, what did you say?
00:54:56I told him I couldn't remember.
00:55:00Ms. Newbeck, let me direct your attention again to your April statement.
00:55:04What did you tell the D.A. was your reason for accepting the interview?
00:55:10Shall I read it to you, Ms. Newbeck?
00:55:12I said the only reason I was there was because my father had been bugging me.
00:55:18And the reason he was bugging you was that he didn't believe you when you told him that you thought Paulette Gill was innocent of these charges.
00:55:24And as it turned out, your father's instinct that you're a liar proved to be correct, didn't it?
00:55:30What's important is that I'm telling the truth now.
00:55:33No further questions.
00:55:59The guy you pushed was a lawyer.
00:56:03Owen got him to not press charges.
00:56:05Oh, that's a load off my mind.
00:56:07Owen also thinks it might be a good idea if you stayed away from the courthouse for a while.
00:56:12Owen thinks, huh?
00:56:13What do you think?
00:56:17That depends on whether you think you can control your temper, Roger.
00:56:21There was no loss of control, Paulette.
00:56:23I saw a chance to defend your honor for the first time since this whole business began.
00:56:28And I took it.
00:56:33If you'd like to listen, I'd like to try to explain about Patsy.
00:56:43Did we discuss our problems with her or not?
00:56:45She took things I said at different times out of context.
00:56:50What context could there possibly be for talking to this girl about our marriage?
00:56:54You know, I never liked the way you were with those kids.
00:56:56How accessible you made yourself.
00:56:58But I didn't say anything because I figured that was your call.
00:57:01And because I never dreamed that what you were sharing were intimate details of our family life, Paulette.
00:57:05When kids come to you, asking advice and sharing their secrets, you find yourself responding and kind.
00:57:13Is that such a crime?
00:57:15It depends on how far it went, I guess, huh?
00:57:21Are you asking if it's all true?
00:57:24No, but when they say you didn't keep your distance, they're not wrong, are they?
00:57:27You did cross over the line, and you brought this down on us as surely as if you had slept with him.
00:57:35Maybe it's not such a bad idea if you did stay away from court.
00:57:40Well, I wish I didn't have to go to court, believe me.
00:57:43Our friends in the press, they'd have a field day.
00:57:46I don't care much about appearances right now.
00:57:49Well, I do.
00:57:49I'm not going to give those bastards any satisfaction.
00:57:54Let me spell it out for you.
00:57:57I don't want you there anymore.
00:58:00If that's the only reason you have for coming.
00:58:19How long did you watch the defendant and Kip having sexual intercourse, Mr. Evans?
00:58:39About a half hour, of which I was at the window maybe ten minutes altogether.
00:58:49Now, why is it that you decided not to tell anybody about what you'd seen prior to Kip's death?
00:58:57Oh, Kip asked us not to.
00:58:59He was worried about getting Mrs. Gill in trouble.
00:59:02And I think also we felt a little ashamed.
00:59:06Now, this place, the Ice House, you and your friends did go out there?
00:59:11Yes, sir, the night after he died.
00:59:12Did you and Stuart Cordell and Paul Preston conspire to make up this story at the Ice House, Mr. Evans?
00:59:27That would have been impossible, sir.
00:59:30We went to the Ice House on Friday.
00:59:33By then, I'd already told my mother and some other police officers what I knew.
00:59:39No further questions.
00:59:40All Garrett's testimony really proves is that he was the first one to tell the story.
00:59:46We can argue that he was the ringleader, but it hurt us.
00:59:49And as for Patsy Newbeck...
00:59:51Can't we call Leland Gruen?
00:59:53Unfortunately, his story about the Ice House isn't a first-hand account.
00:59:55It wouldn't be admissible.
00:59:57Cobb can't find anyone who will admit that they were actually there.
01:00:01Paulette, this whole thing is going to come down to your testimony.
01:00:04So I want you to really focus on that.
01:00:06When you get up there tomorrow, I want you to tell your story simply and straightforwardly.
01:00:10Do that, and I think the jury will believe you.
01:00:14Will they?
01:00:16You didn't.
01:00:18No.
01:00:19Maybe I've just defended too many guilty people.
01:00:22But I have to believe that when that jury really looks at you,
01:00:25they'll see what I saw when I finally open my eyes.
01:00:28An innocent woman falsely accused.
01:00:30Good night, Owen.
01:00:35Okay, a quarter past the hour.
01:00:42Here's the five-day forecast for Southern California.
01:00:46Mostly clear through this period, except for areas of night and little clouds.
01:00:51And frogs near the coast.
01:00:52That's what we need again.
01:00:54Lows overnight at 52.
01:00:56Highs expected in the daytime of 72.
01:00:59A little bit warmer inland, of course.
01:01:01And we'll be ahead now for the next five days.
01:01:05We expect temperatures to remain in the mid-70s with some rain,
01:01:10likely early next week.
01:01:12We'll be right back after this.
01:01:13Mr. Gill, we haven't met.
01:01:31I'm Roberta Rosen with the San Diego Ledger.
01:01:34You media people seem pretty chummy with Mrs. Boschmoyer.
01:01:36Ever ask her what she's doing here?
01:01:38Witnesses aren't allowed in the courtroom, but she comes to the courthouse every day.
01:01:41Ever ask yourself what it means?
01:01:42I think it helps her cope with the loss of her son.
01:01:44I came out here to give you equal time.
01:01:47Yeah, well, our lawyer advised us not to speak with the press.
01:01:50Then you can't complain about the kind of press you're getting, can you?
01:01:52And that's it, huh?
01:01:54You think saying that absolves you of responsibility?
01:01:56You think there's some questions we ought to be asking?
01:01:58How about asking what I'm doing here?
01:02:00Why would I possibly stick by Paulette if there was any truth to these charges?
01:02:03Well, you haven't been sticking by her lately, have you?
01:02:06Your attorney told us you came down with a fluke.
01:02:09You seem pretty healthy to me.
01:02:12You know, maybe I haven't handled myself as well as I could.
01:02:17But I'm not a public figure.
01:02:19I'm just a guy that sells computers.
01:02:22And my wife is a woman whose only plan in life was to get married and raise a family and teach school.
01:02:29Before you make any judgments about us, why don't you ask yourself what your life would look like if it was put under a microscope.
01:02:34I love my wife, Miss Rosen.
01:02:38Excuse me.
01:02:49Mr. Turner, are you ready to proceed?
01:02:51The defense calls Paulette guilt.
01:03:11Raise your right hand.
01:03:12Do you swear the testimony you're about to give is the truth, the whole truth, and nothing but the truth, so help you God?
01:03:20I do.
01:03:20Mrs. Gill, why did you decide to become a teacher?
01:03:36I'd always admired my own teachers, and I liked working with kids.
01:03:41And how long had you been at Briarcliff High School when you met Kip Bouchmoyer?
01:03:46About two years.
01:03:48We heard testimony that the decision to transfer Kip to your class was based on the idea that you and he would have a rapport.
01:03:53Is that your recollection?
01:03:54Not really.
01:03:55I think it had more to do with the fact that I was the most junior member of the department, and Kip had a reputation of being a troublemaker.
01:04:03Was that reputation well-deserved?
01:04:07Make Vic my blood?
01:04:09Stop up the access and passage to remorse.
01:04:13I think he was misunderstood.
01:04:15Teachers sometimes forget that while you're testing the kids, they're also testing you.
01:04:21Come to my woman's breasts and take my milk for God.
01:04:24I'm not saying we didn't have our moments, but overall, I think we did end up with a pretty good rapport.
01:04:30We also heard testimony that you spent time with kids outside of school.
01:04:33How do you account for that?
01:04:37All I can say is that I grew up in a very small town where our teachers were our neighbors, people we saw at church.
01:04:45So it just seemed natural to me.
01:04:48And, uh, it was just a couple of students like Patsy that I felt particularly close to.
01:04:56And was Kip another one of those students?
01:04:59Not at first.
01:05:00But there came a time when Kip began to seek me out on a more individual basis.
01:05:04Do you recall what brought that on?
01:05:06It was around the time when he was kicked off the football team.
01:05:11It's not fair.
01:05:12They said all I needed to do was get a passing average, not pass every class.
01:05:16Hey, did you hear?
01:05:17Kip's off the team.
01:05:18Yeah, of course I heard.
01:05:20I'm co-captain, aren't I?
01:05:22That's a tough break, man.
01:05:24Just hate letting you guys down while the team's on such a roll.
01:05:26Yeah, well, I wouldn't lose too much sleep over it, Kip.
01:05:29I'm not saying we couldn't use you on the team, man.
01:05:31Just don't act like you're indispensable or something.
01:05:34Why are you always hassling me, man?
01:05:36Because someone's got to let a little air out.
01:05:38Otherwise, you'd float away under that big head of yours.
01:05:47Guys, let's go.
01:05:48Blimsteady, give us a ride.
01:05:49Okay.
01:05:56Mr. in class today, Kip.
01:06:11Hey, Miss Gill.
01:06:14I had to go down to the principal's office, get this thing with my grades straightened out.
01:06:19I told them what you needed to do was get some more teachers like Mrs. Gill.
01:06:23Well, if they were all as pretty as her, the whole football team would be on the honor roll.
01:06:32What are you doing right now?
01:06:38And when we were all little, I was the one who could run the fastest or climb the bigger tree.
01:06:44Garrett was just a little squirt, but I always included him.
01:06:47Now it's the other way around.
01:06:49The guy gives me nothing but grief.
01:06:50Well, maybe being co-captain has just gone to his head.
01:06:54No.
01:06:55He's just got it in for me.
01:06:58Stewie and Paul, they go whichever way the wind blows.
01:07:02In my opinion, being kicked off the football team isn't the worst thing that could have happened.
01:07:07You have more going for you than you realize, Kip.
01:07:10Yeah?
01:07:12Of what?
01:07:13Like the side of you I see right now.
01:07:16Your serious side.
01:07:18I like it.
01:07:20And I'd like to see more of it.
01:07:21You know, I never thought I could talk to a teacher like this.
01:07:29After that, he started calling me at home.
01:07:32I hadn't given him my number, but other kids had it, and it was listed.
01:07:36Now, at one point, you did have occasion to go to his home.
01:07:40Would you please tell the jury what prompted that?
01:07:45About a month after we had coffee, Kip called me one evening, very upset.
01:07:53Hello?
01:07:54Mrs. Gill, I need to see you.
01:07:56Kip, what's the matter?
01:07:57Please.
01:08:14So when they thought my grades were going up, they bought me a car, right?
01:08:17You saw it in the driveway.
01:08:20Then I didn't do too well in my midterms.
01:08:22Now they're going to take the keys.
01:08:24Do you even have your license yet?
01:08:26That's not the point.
01:08:27I mean, it's just something else for them to hold over my head.
01:08:32Meantime, Paul had a big party.
01:08:34Never even called me.
01:08:37Life's a mess.
01:08:39I don't get a car?
01:08:41Might as well go into exile.
01:08:48I'm adopted.
01:08:50Can I ever tell you that?
01:08:51My older brother got all A's in school.
01:09:00Dad always asking me why I couldn't be more like Michael.
01:09:02Of course, Mike's their natural son.
01:09:08See, that makes me what?
01:09:10The unnatural son?
01:09:14I'm sure your father doesn't feel that way.
01:09:17What about your mom?
01:09:20They just don't get it.
01:09:22Not like you do.
01:09:22You're the only person I can really talk to.
01:09:32All I can tell you, Kip, is that it gets better.
01:09:36Eventually, you'll be out on your own, and the cars, and your parents, and what your friends think,
01:09:42will seem pretty unimportant.
01:09:43I just don't know if I can wait till then.
01:09:47Let's talk about January.
01:09:49You began to hear rumors that you and Kip were lovers.
01:09:51What did you make of that?
01:09:54When you're around kids that age, you hear a lot of wild stories.
01:09:58But then somebody told me that Kip himself was the one who had started the rumors.
01:10:03And how did that make you feel?
01:10:06Used.
01:10:07Betrayed.
01:10:09When I asked him about it, of course he denied it.
01:10:12And why didn't you report him to the principal, Mrs. Gill?
01:10:17At the time, I thought if I spoke to him myself, it would put a stop to it.
01:10:22Did it?
01:10:23No.
01:10:25I learned later that he continued to tell his friends that we were sleeping together.
01:10:30Until finally there was a confrontation.
01:10:32You say a word to anybody!
01:10:34What are you going to do, Kip?
01:10:35Hit me?
01:10:36What are you going to do, Kip?
01:10:37She just called you a liar.
01:10:39You're not going to let her get away with that, are you?
01:10:40She can say whatever the hell she wants to say.
01:10:43It's true about me and Mrs. Gill.
01:10:44You guys all saw the proof.
01:10:46This is your proof?
01:10:48A pair of women's underwear you could have bought anywhere.
01:10:50Hey!
01:10:51Whoa!
01:10:52You have that freshly bought look.
01:10:53Garrett, give me those.
01:10:54Garrett, oh, hey!
01:10:55Give them to me!
01:10:56Give them to me!
01:10:56Give them to me!
01:10:57Give them to me!
01:10:58Give them to me!
01:10:59Oh, hey, I'm over!
01:10:59Garrett, give me those!
01:11:00Give them to me!
01:11:02Give me them!
01:11:02Give me them!
01:11:03We always knew you were full of crap anyway.
01:11:07What's the matter?
01:11:35Thank you, Noel.
01:11:38Kip, I've had a long day.
01:11:41I don't have time to play guessing games.
01:11:43I'm talking about Patsy.
01:11:45She comes up to me today in front of everybody
01:11:47and accuses me of spreading rumors about us.
01:11:50I can't believe you put her up to that.
01:11:52I didn't put her up to it, Kip.
01:11:55You told me you didn't start the rumor.
01:11:56I accept that.
01:11:58Let's just leave it there.
01:12:01There was more to it, though.
01:12:03She can't blame people for talking.
01:12:05But that's the way it always goes for me.
01:12:10As soon as I get close to a girl, she just backs off.
01:12:16Kip, listen to me.
01:12:19There was never anything more between us than friendship.
01:12:22And there was never going to be.
01:12:30That's great, Miss Gil.
01:12:31Are you saying that I'm not even a little bit special to you?
01:12:39That was the last time that I saw Kip.
01:12:42And three days later, he killed himself.
01:12:52No further questions, Your Honor.
01:13:05So it's your testimony that you never had sexual relations with Kip Bauschmoyer?
01:13:09Yes, it is.
01:13:10But you do admit to visiting him in his home after hours on two occasions.
01:13:14Yes.
01:13:16Oh.
01:13:17It's an interesting coincidence, wouldn't you say?
01:13:19These three boys say you went over there twice.
01:13:22You say you went over there twice.
01:13:23Can you account for this similarity in both stories?
01:13:27No, I can't.
01:13:29All I can figure is that maybe Kip told them that I had been over there as part of his proof that we were sleeping together.
01:13:35Do you deny having dinner with Patsy Newbeck on November 17th?
01:13:40Not the way she described it.
01:13:42We hit dinner, yes.
01:13:43Oh, I see.
01:13:45So once again, only the sex part is a lie.
01:13:47Your Honor, I think we can all do without Mr. Cleaver's sidebar editorializing.
01:13:52I agree.
01:13:52Watch your tone, Mr. Cleaver.
01:13:54Sorry, Your Honor.
01:13:56Mrs. Gil, about these problems you say you were helping Kip with,
01:14:01you have some training that qualifies you to counsel troubled kids?
01:14:04No special training, no.
01:14:06The school has guidance counselors, don't they?
01:14:08Couldn't you have referred Kip to one of them?
01:14:10Or told his parents that he was having difficulty?
01:14:13Some of his problems had to do with his family, Mr. Cleaver.
01:14:16So no, I didn't think that was appropriate.
01:14:20And when you realized Kip was developing romantic feelings for you,
01:14:23you also declined to tell anyone in authority.
01:14:26Was that because you were afraid of being asked what you'd done to lead him on?
01:14:30Perhaps that was part of it.
01:14:31Because you had led him on?
01:14:34Because women get asked that question a lot.
01:14:40Mrs. Gil, let's talk about the second time you went to visit Kip at his home.
01:14:44I noticed you didn't have much to say about that on direct examination.
01:14:49There wasn't much to tell.
01:14:50It was pretty much the same as the first time.
01:14:53He called me.
01:14:54He sounded upset.
01:14:55I picked him up.
01:14:56We drove around.
01:14:57And when he calmed down, I brought him home.
01:15:00Mrs. Gil, your own testimony proves this was a far different encounter.
01:15:04Because by then, you knew that this young boy was interested in a lot more than hand-holding, didn't you?
01:15:08Yes, I knew he had a crush on me.
01:15:15And yet, you went to see him anyway.
01:15:17You, a married woman, a teacher.
01:15:19This student calls you, and you rush right over there.
01:15:22You drop whatever you're doing.
01:15:23Now, would you do that if you didn't have some feeling for him?
01:15:25He sounded like he was in trouble, Mr. Cleaver.
01:15:27No, Mrs. Gil.
01:15:28I submit, you went because you cared for him, too.
01:15:34All right, Mr. Cleaver.
01:15:35I admit it.
01:15:36I cared.
01:15:37It's hard not to care about a kid who wants to be liked so much.
01:15:40And yes, looking back, I think that maybe it wasn't the greatest idea to go over there.
01:15:45But at the time when he called me begging me,
01:15:47please come, Mrs. Gil.
01:15:48You're the only person in the world I can talk to.
01:15:50I didn't stop to think...
01:15:51Your Honor.
01:15:51Gee, what's everyone going to think?
01:15:53I just went.
01:15:53Your Honor.
01:15:54I cared.
01:15:55Mrs. Gil.
01:15:55I thought good teachers were supposed to care.
01:15:57Mrs. Gil.
01:15:58That's enough now.
01:16:01Mrs. Gil, do you need a moment?
01:16:05I can go.
01:16:10Mr. Cleaver.
01:16:12At this time, I have no further questions.
01:16:25Ladies and gentlemen, during jury selection, I asked each of you what you thought we should
01:16:36expect of our teachers.
01:16:38Each of you indicated that you expected teachers not only to teach, but also to be role models,
01:16:44to provide examples.
01:16:45Measuring from that standard, it's clear that Paulette Gill failed in her responsibility to the students in her care.
01:16:53She claims she drew the line at intimacy.
01:16:57But three young men from this town say otherwise.
01:17:00The defense has not produced a single witness who can explain what would motivate three boys of outstanding reputation to come in here and lie to you.
01:17:11On the other hand, many witnesses can testify to the fact that time after time, this defendant crossed over the line to what many people would consider unacceptable conduct.
01:17:22She herself admits she met with Kip repeatedly outside of school.
01:17:27Is it possible that this attractive, sexually sophisticated woman did not comprehend the effect this would have on an inexperienced young boy?
01:17:38Let us send a message that in this town, traditional standards of decency are still the measure of behavior.
01:17:47And that those who don't adhere to those standards will be punished.
01:17:51If you apply common sense, as well as the law, I am confident that you will conclude that Paulette Gill is guilty of sexual assault.
01:18:05From the beginning, I felt that the most extraordinary thing about this case was that it was being prosecuted at all.
01:18:27She was intimate with him.
01:18:29That's what they say.
01:18:30Maybe Kip and Paulette did have a kind of intimacy, the kind that occurs when one person reaches out to another person and says you're not alone.
01:18:40The state has suggested that this case represents the sign of the times.
01:18:43I agree.
01:18:44I think that the prosecution of this woman suggests that we have reached an age when simple human kindness is so rare that those who act out of it come under immediate suspicion.
01:18:56Particularly by the people who, in this case, were unable to do what Mrs. Gill was able to do, reach this boy.
01:19:02And it is my opinion that they want to blame her for his death, because their only alternative is to blame themselves.
01:19:11As to why these young men lied, I can only speculate.
01:19:14Maybe in the wake of Kip's death, they honestly wondered if there wasn't something to his story after all.
01:19:20Maybe they felt guilty.
01:19:21And if the price of easing that guilt was the reputation of this teacher, this outsider, well, so be it.
01:19:29Remember, folks, they could not have foreseen it would come to this.
01:19:33They simply told their parents, who called the police, who informed the school, somebody tipped the press off, and here we are.
01:19:40Deciding the fate of this woman on the basis of this same absurd, childish story.
01:19:50It has come to this because at every step of the way, people who should have known better stood by and did nothing.
01:19:57Well, I submit to you now, at its high time, somebody in this case stood up and did the right thing.
01:20:09And I'm sure that you will.
01:20:27Relax.
01:20:40They have two weeks of testimony to go over.
01:20:42I'll be very surprised if we hear anything before tomorrow.
01:20:45Uh, Paulette, I've just been informed by the Bouchs-Moyers' attorney the Bouchs-Moyers are filing a civil action against him.
01:20:51On what grounds?
01:20:52I haven't had a chance to go through it.
01:20:54I'm sure they've cooked up some theory of how Paulette deprived them of their son.
01:20:57Paulette, now this is really a nonsense suit.
01:20:59Are you okay?
01:21:00No, it's not.
01:21:02This thing is never going to happen.
01:21:05It's all right.
01:21:07No, it's not.
01:21:08I love you, Paulette.
01:21:09We'll get through this.
01:21:10I'd just like to say that money is not the issue here.
01:21:14My concern is that this woman not be allowed to teach anywhere else.
01:21:19My son, Kip, is gone.
01:21:21But what about the other kids that are still out there?
01:21:23What do they have to look up to?
01:21:25What are their teachers representing to them?
01:21:28Mrs. Bouchs-Moyers, isn't this lawsuit a little inconsistent with your testimony last week
01:21:32when you said that you did not blame Mrs. Gill for Kip's death?
01:21:35Well, since then, new information has come to life.
01:21:38Mrs. Gill's own testimony shows that such an influence existed.
01:21:41Ma'am, are you just looking for a scapegoat?
01:21:44That's not the kind of people we are.
01:21:47Jerry's back.
01:21:49Let's go.
01:21:49Hurry up, we're back.
01:21:51Hurry up, let's go.
01:21:52Let's go, guys.
01:21:57All rise.
01:21:58Be seated.
01:22:16What do you suppose it means, jury only being gone an hour?
01:22:39It means they had their minds made up before they went out.
01:22:41Okay.
01:22:41Will the defendant please rise?
01:23:03Madam Foreman, have you reached a verdict?
01:23:05We have, Your Honor.
01:23:13In the matter of the state of California versus Paulette Gill,
01:23:17we, the jury, find the defendant Paulette Gill not guilty.
01:23:25Come on.
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