Episode Transcript
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1:18
welcome everybody back to
1:21
ellie not so confidential this is doctor
1:23
scott along with my
1:25
cohost in crime and
1:28
shoot observation of human behavior doctor
1:30
silo welcome back doctor silo
1:31
hi one hundred and two episodes
1:33
and we still are awkward as hell
1:36
were introduced each other
1:37
yeah the military
1:40
units , in any better guys inside
1:43
the the the hey
1:46
you know the care and how they don't happy with his in
1:48
july twentieth weekend twentieth kiss
1:50
yes it is it's great
1:53
in were doing the saints an early because it's
1:55
mega heights and are part of the world
1:57
so getting a little recording done in the morning
1:59
good movie give it this way it's
2:02
the coldest it's probably ever going to be moving
2:04
forward in support of yeah
2:08
, to him he has to the i
2:10
don't think so things are going really well
2:13
going really trundling
2:15
along and our weekly production
2:17
of content some of the episodes
2:19
are shorter and tighter this is one of the
2:21
one who's gonna go back to our oh gee
2:23
style it's a longer more intense one
2:26
but i think it's completely appropriate for what's going
2:28
on in the world right now pressure
2:30
and i so where to
2:33
everyone
2:33
then i thought of this episode
2:36
prior to any of
2:37
the supreme court shenanigans i'm going
2:39
i'm right there back to do you are we talked
2:42
about this is done on and on on on earth drive
2:44
list for a long time absolute
2:46
last sir first
2:48
it's pretty well for answers one story
2:50
the story that we wrap this whole thing
2:53
up with oh my guys i'm telling
2:55
you about like for years to the point where like
2:57
i don't i cannot talk about the of please don't
2:59
have a lot of again i wanted to be a surprise olivia
3:01
so
3:02
first if you haven't listened to last week's vintage
3:04
crime episode we talked about the unsolved
3:07
murder in pasadena california the think
3:09
smarter or otherwise known as the don
3:11
juan dentist murder we retraced
3:13
the dentist steps on his last night
3:15
alive and provided you with a number
3:17
of leads and theories including
3:20
a guest appearance by retired lapd
3:22
homicide detectives depot dell who
3:25
thinks there may be a link between his father
3:27
and i think smarter so it was
3:29
a cooling
3:30
and if by any chance you don't know
3:32
who his father is his father was george
3:34
hotel pool and steve strongly
3:36
believes in there's a lot of evidence pointing to
3:39
george hotels involvement in the black
3:41
dahlia murder as well as other crimes
3:43
or right let's get into today's episode
3:46
we have done killer nurses
3:48
killer athletes criminal counsellors
3:50
and cannibal corpse he oh here
3:52
we are hundred and two episodes and it
3:55
is time to talk about bad judges
3:57
it sir
3:58
he noted
3:59
they want to be a journey
4:01
you know more slowly move on and on
4:03
me after a over a decade of friendship
4:06
your springing something they are
4:07
i know i i think it's high school
4:10
they had a sellout like these tests that
4:12
say works in a we would be that at
4:14
with that kind of correlates to as far as careers
4:17
and judge did come up for me
4:19
and i was like oh interesting and then
4:21
my dad as a l
4:23
a county sheriff's deputy work and court
4:25
services for a number of years as a supervisor
4:28
and so i would go to work with him every once
4:30
in awhile and basically he was just the guy in
4:32
charge of the fall the deputy is the worked at the
4:34
court right so he wasn't standing in
4:36
a court room as a bailiff or anything but
4:38
she would allow me when he was busy
4:41
or had meetings or something to go sit in
4:43
court room so as a teenager would
4:45
go sit there and i was like the judge is
4:47
the most powerful person in around that
4:49
seems like a prequel jar yeah and
4:52
i'm really was interested in it for awhile
4:54
and then you know my little teenage brain i found
4:56
out oh you have to be an attorney first
4:58
session
4:59
when you gotta we gotta go out legal ,
5:01
legal another good
5:04
reason is and gonna have to do so now legal
5:06
school know you out about
5:08
he did we had to take as
5:10
part of my friends and psychology program we had
5:13
to take a legal research class loves
5:15
my professor adored him we're still friends on facebook
5:17
the stay could not stand that class i was
5:19
like ice
5:20
we made the right choice to not go to law school
5:22
yeah i felt the same way that like a
5:25
one of my professors that was the family
5:27
evaluate or specialist took me aside
5:30
and after i had turned in my final project
5:32
and he said you you get this
5:34
it be great for this i'm like oh i don't
5:37
know i don't want to do this at all
5:39
hours in forensics but moring
5:41
parents over kids with kids as pawns
5:43
i absolutely have no
5:46
desire to do i will say i've had
5:48
say wide range of experiences with judges
5:50
like when like have had to testify i've
5:52
worked with really good judges
5:55
who is they didn't understand something
5:57
understand something talking about would just be completely
5:59
fine the way too many more information
6:01
on that are you are you need to explain that
6:03
which is great and been because
6:05
i'm a marriage and family therapist as well as a psychologist
6:08
the chances of me being on a jury are very
6:10
low that are you don't want us on journeys because
6:13
we think in a different manner you know that wouldn't
6:15
probably delay the process and
6:17
i really wanted to because the judge
6:19
that spoke about our
6:21
civic duty was so
6:24
eloquent and such a
6:27
wise man i was like
6:29
holy shit signed me up i will i
6:31
will be on the jury for this and then
6:33
on the other side of it a former colleague
6:35
of mine who is a former psychologist who
6:37
is incarcerated now in said
6:40
california department of corrections of
6:42
corrections down on his hearing and
6:44
that judge i still to
6:46
this day and just slack jawed
6:49
at how badly that judge handled
6:51
the hearings wow and what way
6:53
allowing testimony and not
6:56
challenging testimony and not challenging
6:58
the incompetence of
7:00
out in the district attorney and the defense
7:02
attorney spectroscopic that's all
7:04
the way across the board and
7:07
, mean it's it was i was sitting with
7:09
my friends family members and just
7:11
thinking this isn't happening as his
7:13
domain among the happening and it didn't
7:16
and a person is is incarcerated
7:18
and to this day i think that he was incorrectly
7:22
and went well
7:22
the new examples of just like
7:25
kind of the ideal and what you
7:27
expand you know like use the words
7:29
why is and you know someone who
7:31
can really make you feel like
7:33
you're there for a purpose of your potential jury
7:35
member that it's important is no
7:38
are
7:38
judy and then offense
7:40
and then the flipside of someone just like letting
7:43
any kind of go in a court room
7:45
to the point where you know someone could be
7:47
locked up the doesn't deserve to be
7:48
what have you are you're not getting a fair trial
7:51
however that can seek out the rights
7:53
what i've experienced is that we have
7:55
this ongoing sort
7:58
of trope here in the you
7:59
there's about
8:01
how annoying it is to be on a
8:03
jury when is really is like
8:05
you get all the benefits of this
8:07
republic democracy so
8:10
you should be paying for it and the way you pay for
8:12
it as by your taxes and
8:14
that the others will certainly a lot of debate about
8:16
taxes from state to state but it's your
8:18
civic duty and your social responsibility
8:21
to make sure that the legal system
8:23
works and the way that it's poster were yeah
8:25
we have eyes on as just
8:27
regular people in the way to do that absolutely
8:30
actually pretty powerful as the jurors so
8:32
are right well with stats
8:35
let's list that way
8:37
then what we're in a way a lot of foundation
8:40
hear that a little bit a history for
8:42
you by
8:42
oh and or warnings trigger or l yeah
8:44
you know they go today folks we're going to
8:47
be covering themes that include suicide
8:49
child abuse and some sexual things
8:51
saw that lighter than others clearly
8:53
but now we want to give you a heads up for sir
8:55
so when we look at
8:57
law in of the specifically
9:00
were and be talking about the united states
9:02
today all different levels but we
9:04
have what we refer to as the
9:06
rule of law in this country
9:08
and it's a principal under which all persons
9:11
institutions and entities are accountable
9:13
to laws that are publicly promote
9:15
it
9:15
equally and forced independently
9:18
adjudicated inconsistent
9:20
where international human
9:23
right multiple interesting especially
9:26
a heated again like what's going on
9:28
right now so either from eighth grade
9:30
us history or civics class or
9:32
as you are one of the millions of people
9:34
seem hamilton he of remember
9:37
that alexander hamilton and james madison
9:39
and john jay were a number of essays
9:41
that we now call the federalist papers
9:44
that in basically was in
9:46
endorsement of the us constitution
9:48
at the time and specifically in
9:50
the federalist paper number seventy it
9:53
states that federal courts were
9:56
designed to be an intermediate body between
9:58
the people and their legislature and
10:00
so in order to ensure that most
10:03
people's representatives acted only
10:05
within the authority given to congress and the
10:07
constitution the constitution is
10:10
the fundamental law of the nation so
10:12
this is codified as the constitution
10:15
is the core values of people
10:18
and ahora have the responsibility
10:21
to interpret the constitution's meaning
10:23
as well as the meaning of
10:25
any laws that are by
10:28
congress officially federally again
10:30
a federal state for number seventy eight that
10:33
if any law is passed by congress
10:35
and it inflicts with the constitution
10:37
that the constitution ought to be
10:39
preferred to this
10:40
so in article
10:43
three of the constitution which were going to reference
10:45
a couple of times today it's
10:47
says that every person
10:50
accused of wrongdoing has a right to
10:52
a fair trial before a competent
10:54
guides and juri of one's peers
10:57
but we noted the courts or to
10:58
the entities are not these nebulous
11:00
that finding machines
11:03
made up of individual people judges
11:05
magistrate first different names for them across
11:07
the country and the founders knew
11:10
that judges who apply the law
11:12
freely and fairly are essential
11:15
to this the rule of law that i talked about
11:17
at the top the constitution no guarantees
11:20
or write on paper but of course
11:22
we need independent chords and the judges
11:24
who sit on the court to
11:26
protect those rights and
11:29
our federal judges are
11:31
supposed to be protected
11:33
from
11:33
what other branches as well as
11:36
shifting popular opinion
11:38
and that's why they have so much power but
11:40
also there needs to be checks and balances
11:42
there to make sure that a are
11:45
doing things for the right reasons and
11:47
upholding what we call judicial
11:49
independence so that allows them
11:51
to make decisions based
11:53
on what's right under the law without
11:55
they'd political or personal consequences
11:58
for their decisions like
11:59
make a decision because they're afraid they're going
12:02
to have fired or that they're not
12:04
going to get reelected or that their salaries
12:06
in a be reduced something like that that's why we have
12:08
judicial independence and place
12:10
more and you would hope that our
12:12
elected officials will do the same thing
12:14
that they will make him actions based on what
12:16
is the best for their constituents rather than
12:18
what's going to get me elected and unfortunately that
12:20
is one of the criticisms of our system
12:22
here in the us spread currently
12:25
is that by the moment you're elected you
12:27
start fundraising for your next election
12:29
so there's , a real disparity
12:32
in in the efforts but that's going
12:34
down that rabbit hole so looked the big question
12:36
for me and all this research and everything that's
12:38
been going on for the last several months and
12:40
particularly in regards to
12:42
our last two appointed supreme
12:45
court judges i was little what are the
12:47
actual requirements and shouldn't scotus
12:49
or regional judges at least had
12:51
tried cases before because i just always
12:54
thought that of course you're not going to
12:56
be a judge unless you ben a trial attorney
12:58
before and of course we're very lucky
13:00
because we have our ally your friend
13:02
michelle than which is the way i read always refer to
13:05
our lot of and itself because our other to law
13:07
your friends are busy raising families so
13:11
i know how i know but i
13:13
was having experts at our disposal own
13:15
ass oh yeah so look what
13:18
we did was his we reached out
13:20
to michelle and just said you know can you get
13:22
us some perspective on this from
13:24
being an attorney and see of
13:27
course gave us back some real
13:29
food for thought and to be honest folks as you're
13:31
listening to this i'm going to be repeating direct
13:33
quotes from michelle and we're going to be having
13:35
deeper conversations amongst ourselves about
13:37
this or think of as
13:40
one of the reasons i don't become an attorney because i don't
13:42
you know i work with behavior and
13:45
assessing behavior and prognosticating
13:47
about behavior and helping guide
13:49
people towards health and guiding people
13:51
away from areas of harm that is a very
13:53
different paradigm and dynamic from
13:56
law and so i have to sit with my
13:58
own discomfort about some of the us
13:59
we got back though is why the free man
14:02
like divest so generally speaking
14:04
not every attorney has to be a trial attorney
14:06
surprising to me and then she says looking at prostitution
14:09
is that you'll find that a lot more prosecutors and
14:11
defense attorneys will be or had the opportunity
14:14
to do trials just given the nature
14:16
of the criminal justice system even then
14:18
it doesn't mean that every defense attorney
14:21
or prosecutor will be a trial
14:23
attorney for example their attorneys on both
14:25
sides the criminal system that strictly do a toilet
14:28
work and appellate attorneys really study
14:30
the law and their job is to respond
14:32
to the defense argued
14:34
to the appellate judges bad the prosecution
14:37
lawfully convicted at the center without
14:39
violating state law or the constitution
14:42
the i i can't think of this is like okay
14:44
not every psychologists a going
14:46
to treat patients know you have psychologist
14:48
doing research and such as
14:51
purely academic things like that you know it's
14:53
we have in our mind like what a psychologist or
14:55
what the tourney is that
14:56
he doing that work on
14:58
that stage jeff from from back from
15:00
are limited perspective of right so
15:02
that's completely on brand of
15:04
so michelle goes on to say that a pillow the
15:06
tories will go into a court room but they're usually
15:09
go into the state appellate division for the
15:11
court of appeals and then that's
15:13
a very different arena down
15:15
a trial court but those are attorneys
15:17
that really do know the law and she
15:19
was emphasizing that these the ones that
15:22
are that combination of experts
15:24
academic understanding of what the law
15:26
is so you can have a pellet attorneys
15:28
for either the prosecution or the defense side
15:30
to have never done a trial but have an incredible
15:33
knowledge and grasp of law and they
15:35
can eventually become judges so she
15:37
says over simplified version just
15:39
have judges that are elected or appointed to the bench
15:41
from your county court all the way up to the supreme court
15:44
that have never tried a case or done a
15:46
trial am having a strong reaction
15:48
to that that like out yeah i guess is maybe it's
15:50
built on my own expectations that someone
15:52
holding back i have a position is going to
15:54
have done what i expect but then again
15:57
i have a limited perspective right yeah
15:59
i think this is
15:59
really challenging the as well
16:02
but i think it it makes a
16:04
lot of sense i want someone that bans you hit
16:06
expert in law and knows the matters
16:08
inside and out i really guess
16:10
i don't care so much if they've offended
16:12
, prosecuted are you know sort of then
16:15
not in that role as an attorney
16:17
as long as they know what the fuck the tuck rule
16:20
items that are me you know continuing to be
16:22
educated so what is look
16:24
that is their prior decisions
16:27
and what does for our decisions have been what is the record
16:30
in terms of cases they've heard what
16:32
are those decisions what were those
16:34
decisions that they came into with
16:36
lower courts with when they first started up
16:38
until the point that they were appointed
16:40
to were position like the supreme court
16:42
said this court said give you a better idea of the
16:44
type of person for the type of judge
16:47
that you're dealing with for example if you have a lower
16:49
court judge who's making decisions on trials
16:51
that keep getting overturned das
16:53
an issue that is a huge red flag and just
16:55
another thing to keep in mind that judges have
16:57
very high regard in legal community
17:00
and the community at large pot judges are
17:02
also human beings which means they are fallible
17:04
or may not be the best person for the
17:06
jobs judges have to uphold the same
17:09
ethical standards but all the rest
17:11
of us attorneys have to do as well
17:13
well that's the reason we picked the sort of
17:15
the people are the professions that we talk about we
17:17
do these episodes because we're always talking
17:19
about people who are either high profile are high
17:21
regard nurses counselors
17:24
you know things of that nature because we
17:26
put him on the pedestal for all
17:28
these reasons of course they they hold very
17:31
important responsibilities they
17:33
make or break people's lives
17:35
either you don't medically by
17:37
saving people's lives are taking the lead the
17:39
way or people's rights so
17:42
i think this little snippet
17:44
from me
17:45
no just encapsulates
17:47
the why we even talk about these socks and are episodes
17:49
right right so in the last
17:51
few points as she provides us she says
17:54
that it is not the supreme court's job to
17:56
make legislation it's the supreme court's
17:58
job to interpret the law there
18:00
may my lower court decisions at stem
18:02
from them and then decide and determine
18:05
if those decisions or constitutional for
18:07
the effect of that is that case law is
18:09
made that has to be followed by every
18:11
state in the united states but every state has the
18:13
ability to go beyond the bar that the supreme
18:16
court sats but can never go below
18:18
it so think of right to counsel
18:21
as an example and then she goes on to say with the
18:23
overturning roe versus wade the
18:25
courts job was to interpret to
18:27
determine if what was put before them
18:29
was costs and there are times
18:31
like in this case where africa second
18:33
the decision challenges our collective
18:35
morality and threatens or obscures
18:37
to threaten our rights and freedoms
18:40
she , on to say i can't tell you exactly
18:42
what the justices were thinking because i haven't
18:44
read the entire decision yet so now doctor
18:47
scott nectar shiloh commentary on that i
18:49
really respect that i really respect
18:51
that she stating i can't tell you what
18:53
the justices were thinking because i haven't read the entire
18:55
decision yet so what since telling us they are as
18:57
she may very well have a chance or opportunity
19:00
to read it and go yeah this is
19:02
clearly biased are influenced by
19:05
their backgrounds from their federalist
19:07
society or something society something different
19:10
space and final thoughts just
19:12
because thoughts just overturned or law is
19:14
found to be unconstitutional doesn't necessarily
19:16
mean that the judges making that decision
19:19
or also happy with the outcome their can
19:21
exist a situation where the justices are purely
19:23
doing their job and had overturned
19:25
the decision because it was illegally correct to do
19:27
so but then they could be just as upset
19:30
about that decision as all a boss
19:32
isn't so i i is years and years
19:34
where i have to sit in the distress
19:36
tolerance because my view
19:38
is that that did not happen in
19:41
the in row vs way and the
19:43
reason i say that is based on what i'm
19:45
seeing and news and media which is
19:47
when they all four were affirmed
19:50
they clearly stated that it was
19:52
set law so here i am i'm sitting
19:54
on sitting in some real discomfort
19:56
and i'm being educated on the process what are
19:58
you saying how do you feel about this
19:59
well i think when you to said we will
20:02
come that could out when we talk about how
20:04
judges and lose their seats
20:06
bites gosh i felt
20:09
sometimes i think it has such a pollyanna his
20:11
view in that
20:12
i think the supreme court either smart
20:15
smart people like they really
20:17
really know the law inside and out or
20:20
at least i want to feel that way
20:22
right that they are perhaps
20:24
interpreting the last so wow
20:26
that's they are making this
20:29
determination despite the fact
20:31
that you know all the implications of something
20:33
like roe versus wade has or how i feel
20:35
personally about it i want to believe that
20:38
by it you
20:40
know you start looking at people as people
20:42
and people and go back and forth
20:44
and look at previous statements they made and how
20:46
does that sit with all of this
20:49
and it's tough it can't be all or nothing you
20:51
know i know any one of us into service you
20:53
have like oh it's a supreme court so at this
20:55
as those are it's the best for it's correct
20:58
or that stuff you black and white like
21:00
there's gotta be other my new show and
21:02
between there so i but
21:04
she's a solicitor experts like our friend michelle
21:06
to give some context around this are
21:09
more loyal than yeah yeah and
21:11
then just stay
21:12
there
21:15
are very dry or lawyer for yourself but
21:17
i know it's very very complicated in the very emotional
21:19
selling can tie in i'm i'm only now
21:22
i'm very emotional about this big but
21:24
i'm very concrete that i believe
21:26
not only women by think everyone
21:28
should have bodily autonomy like that
21:31
is ultimately to me the ultimate
21:33
freedom and this is supposed to be a country
21:35
that respect that sounds have our
21:37
emotions about it but you drill down
21:39
and to who makes the laws and a different
21:41
sites and lawmakers
21:44
in what you are reading that are
21:47
for your friend michelle gave
21:49
as i think a lotta times people think
21:51
that judges are sort of making laws and
21:54
their nights but i just want to talk
21:56
about where those come from really quickly so
21:58
if are looking nationally
21:59
literally as we call it here are founders
22:02
makes or changes are laws and congress is
22:04
both the house of representatives and the senate
22:06
together or as we also target the
22:08
legislative branch or government and then
22:10
supreme court judges or
22:13
supreme for the united states or when you play
22:15
the president's and they are confirmed by
22:18
the finance or that so they even get there in the first
22:20
place there are no
22:21
justices or today serve
22:23
for life or until they want to retire
22:26
and they cannot have their salaries
22:28
reduced so again that judicial independence
22:30
were talking about his in place for
22:32
them and again referencing article
22:34
three of the com
22:35
fusion it tells us that judges
22:37
shall hold their offices during
22:40
good behavior so
22:42
interesting
22:43
yes judges
22:45
have life's terms because once appointed
22:47
they keep their jobs until they choose to
22:49
quit as long as they have this quote
22:51
unquote that behavior and to
22:54
ensure a good behavior
22:56
as behavior said before there are some checks
22:58
and balances on judicial power built
23:01
under the constitution and that check
23:03
for supreme court justices his impeachment
23:06
which we will talk about more
23:08
thoroughly when we get to the bad behavior
23:10
of judges six other
23:12
types of federal judges in our country aside
23:15
from the supreme court the united states
23:17
they are serving
23:19
and one of the thirteen us court
23:21
of appeals a also serve
23:23
as one of the ninety four
23:25
us district court and they
23:27
also sir the judges in the courts
23:29
as international trade there
23:32
are also other federal judges who
23:34
serve under a different article in the constitution
23:36
article one and those are judges
23:39
who supreme court's like the united states court
23:41
of appeals for the armed forces united states
23:43
court of appeals for veterans claims united
23:45
states tax courts federal play
23:47
cork united states bankruptcy court
23:50
the lot of different including the us
23:52
territorial courts in the northern mariana
23:54
islands guam and the virgin islands
23:57
so complicated here but
23:59
that's just for a federally where you will
24:01
see judges federal judges
24:03
are also nominated by the president's in
24:06
so their nominee basically sells out a
24:08
questionnaire that gets reviewed by the
24:10
senate judiciary committee and then
24:12
that committee ends up holding a hearing with
24:14
the nominee questioning them about
24:16
saying is like their to the sole philosophies
24:19
perhaps or past rule
24:21
in opinions is to get to know
24:23
them and how they conduct their job better
24:25
and then after the hearing the senate judiciary
24:28
committee will vote to approve or
24:30
return the nominee and is the
24:32
norm
24:33
he is approved than
24:35
that gets voted on by the full senate
24:37
and they are then you can be
24:39
appointed so as a federal judge so
24:41
that we have
24:42
the robot and we have seems like a lot
24:44
of different types of judges when we take the states
24:47
and counties and to consider
24:48
and there's so many different types of law
24:51
and courts that hear the types of
24:53
cases that when you get down to the local level
24:55
we can really only covers of the basic seat or
24:57
each state has supreme court and
24:59
a state court of appeals i think texas
25:01
and oklahoma and the only to stay to have separate
25:04
supreme court's one for criminal or
25:06
civil and the governor appoints
25:08
those supreme court judges if we use
25:10
california's example we have two types of
25:12
quartz the trial courts or what
25:15
we also call superior ports here in california
25:17
and be appellate courts which refer
25:19
to prior the trial court handle
25:21
all the civil cases all criminal cases
25:23
small claims cases and the appeals
25:26
of infractions like traffic court or
25:28
appeals of civil cases that involve twenty
25:30
five thousand dollars or last superior
25:33
court judge has served six year terms and are elected
25:35
by county voters on a non partisan ballot
25:37
during a general election during even numbered
25:39
years vacancies occurring during those
25:41
terms to to retirements deaths or other departures
25:44
are sailed through appointment by the governor
25:46
i think this is a fascinating process to and i really
25:48
like it because most of the my
25:51
experiences here in california with judges have been
25:53
generally pretty positive and i
25:55
don't know what their political affiliation as which
25:57
is pretty great yeah right url like me
26:00
we want them to be upholding the law
26:02
nights biased by their
26:04
political beliefs so that's a really
26:07
cool about our election system here and
26:09
a superior court judge must have
26:11
been an attorney admitted to practice law
26:13
in california or served as
26:15
a judge in california for at least ten years
26:17
immediately preceding election or
26:19
appointment so i think what we're talking
26:21
about years that california has a pretty
26:23
high standard i like some other states
26:26
and that's another controversy that kind of
26:28
gossipy and i'm not going to get into at about
26:30
ah but most people out there you know and i'm talking
26:32
about
26:32
oh yes definitely
26:34
and even like that's a high bar
26:37
for any eight like federally and
26:39
we're going
26:39
in a should be very important a
26:41
second that didn't have that much
26:43
experience so
26:44
i think that's great did
26:47
yea california the job again when
26:49
he talked about judges from a psychological
26:50
the i
26:52
let's dig in a little bit now that
26:54
you've got your ah civics lesson down so
26:57
just first off i went to have a
26:59
little bit of a conversation here about
27:01
what's that such as presiding over and how
27:03
that could influence them as a person or an empathetic
27:06
point here and say like what
27:09
what's going on in a court room and how
27:11
does that relate to how we think judges
27:14
should apps and go about
27:16
their duties and we were talking
27:18
a court room as a place of high emotion
27:21
from greece loss
27:23
trauma anger you're hearing
27:25
heart breaking stories you're seeing
27:27
her respect evidence especially if you're
27:30
a criminal judge of course
27:33
disposer to trauma i mean we
27:35
talk about vicarious ronald with a lot of
27:37
criminal justice workers i remember
27:39
specifically and we might have talked about this
27:41
in our internet sexual offense
27:43
series that we did but when
27:45
we talked about people involved
27:48
in the criminal justice system when
27:50
there is a sexual crime including
27:52
judges like all the different ways that impacts
27:54
you vicariously and i remember
27:56
there was a study that
27:59
looked at how
27:59
judges morgan packet specifically and
28:02
it was very similar to a psychologist
28:04
in the attorneys in the detectives you know where
28:06
was impacting their personal lives is impacting
28:09
their ability to emotionally
28:11
regulates all that stuff so
28:13
that that's always and in the back of my head as
28:15
sir just judges being
28:17
another cog
28:20
in as in as machine
28:22
of criminal justice that gets impacted
28:24
by these things that we
28:25
year and see over and over
28:27
then so i just think it's really
28:29
interesting to look at all that they have
28:31
to sort of teeth on like a lot of
28:33
us and still keep a cool
28:35
head in and the do their job
28:38
in the courtroom but if we
28:40
backup for seconds to the stressful
28:42
journey that it takes to become a child's
28:44
there was a paper put out by the us department of
28:46
justice in the nineteen eighties that
28:48
i found that acknowledge how professionals
28:51
and they specifically stated for instance
28:53
like judges and doctors suffer
28:55
from psychological disability because
28:58
of to meet are things going on for them
29:00
the first is that they typically initiate
29:02
the pursuit of their professional careers with a high
29:04
degree of achievement and motivation and
29:07
early adult lives are marked
29:09
by the presence of the next
29:11
ended apprenticeship period
29:13
during which their skills incubate the for
29:15
their put to use and become fully
29:17
accredited so to me this is like any
29:19
journey and sort of no higher edges
29:21
shane doctoral level of
29:23
first we have here with medical doctor
29:26
is not a sculling they go through but also
29:28
in that camp have attorneys and psychologists
29:30
and other mental health professionals
29:32
so this really make sense that by
29:34
the time professionals to go
29:36
through years of achieving and getting through
29:39
there's always like and next to buy next to
29:41
have their professional careers there's already a ton
29:43
of stress and possible burn
29:45
out that could lead to things like
29:47
distress and mood disorders and substance
29:50
abuse disorders so i know you
29:52
and i can't say that it was a totally easy
29:54
journey just grad school internships
29:56
dissertation post doctoral work
29:58
you know all of that and
29:59
the can burn out by the time
30:02
you're like okay you're finally a cyclist
30:04
i'd like to pigs
30:06
thriller sites that were no occurred
30:09
when wonderful ever disappear backside just beyond
30:12
doubt during my last year of in turn to have
30:14
serious
30:15
but when i like to this this paper
30:17
advocated from early and
30:19
appropriate intervention which yeah
30:21
i wish you know every professional
30:24
who is stressed would have early and
30:26
appropriate intervention by mean i just it
30:28
gets easier said than done also and and have been
30:30
careers with high achievers were
30:33
stigma to asking for help
30:35
or feeling like you're showing any
30:37
sign of weakness is still really present
30:40
so i would hope that
30:42
you know those resources are available to
30:44
everyone especially people in these
30:46
areas because we know the numbers with
30:49
in of students and medical school and
30:51
how the high rates of suicide
30:53
are and mrs to know all of these hard
30:55
charger is in high achievers you know if there's
30:57
a flip side to that
30:58
barriers and i think that there's also there's
31:00
a flip side to it but there's also a parallel
31:02
process that exists and that is
31:05
that to borrow from spiderman
31:07
that it was stolen from an earlier comic
31:09
is with great power comes great responsibility
31:12
and you know when you are in
31:14
that crucible you decide
31:16
whether unconsciously are unconsciously whether or
31:18
not this power this going
31:20
to be wielded for
31:23
the greater good or for your own personal
31:25
satisfaction and i don't think that that's a conscious
31:27
decision i think that it being an unconscious decision
31:29
is how we get behavioral drift in a lot
31:32
of careers that have
31:34
power whether it is people
31:37
in our career as clinicians we have we have
31:39
clinicians that come
31:41
into doing private practice because
31:43
they want to feel superior we've done studies
31:46
and us their people that go into teaching
31:48
elementary school because they won't
31:50
be able to help or over kids
31:53
do it spans a lotta different career
31:55
so i'm not sure always whether
31:57
there's a conscious awareness about by i
31:59
love the description that i found of what
32:02
the job itself is and i'm going to quote
32:04
from our resources to daily work of judging
32:06
for it's part is broad and buried judges
32:08
interpret the law and what it requires
32:11
exercise discretion credit versions
32:13
of reality and accord defense to other
32:15
institutional actors these aspects of judging
32:17
are widely studied however
32:19
such as also interact with the public lawyers
32:22
litigants years witnesses clerk
32:24
court staff and one another they
32:26
are colleagues employees employers subordinates
32:29
and supervisors summer court managers
32:31
civic role models and public intellectuals
32:33
temperament is relevant to the full
32:35
sweep of what judges do including
32:37
the under study parts like
32:39
how they handle the jobs inherent challenges
32:42
and how they treat people along the way i
32:44
love this game i'd love this
32:46
writer we're gonna talk about who wrote this and just a second
32:49
and and gives more from his study
32:51
i think it's really important to look about because
32:54
maybe other people like myself
32:56
fall into this a limited perspective
32:59
that they're less than human
33:01
or more than human and they're
33:03
going to do the right thing when it's actually
33:05
like we said before it's way more know
33:09
what psychological traits or is traits
33:11
in general do we expect our judges
33:13
to have good question
33:16
a side i mean eat or
33:18
impermanent but i think what comes
33:20
to mind for me is integrity and
33:22
been above everything else and
33:25
with integrity a and maybe
33:27
as just because you never been we didn't
33:29
episode an active bystander chef and i've kind
33:31
of been researching and setting that for work
33:33
purposes lately but with that with
33:35
integrity isolate comes a courageous
33:38
ness the courage i put that in there to
33:40
be able to do what's right
33:42
ends have the sort of legal
33:44
courage or most that you
33:47
can stand alone and see
33:49
all the parts and still make
33:51
a choice that is going to
33:53
perhaps make or break somebody that's in that
33:55
courtroom
33:56
the a year or you know just a tesla
33:59
down the road
33:59
the like that
34:01
interpol to what we're talking about loved i
34:04
did , come up with that so i loved loved
34:07
because that's okay if know
34:09
if mean i was just kind of thinking all about temperament
34:11
but you just said something you just
34:14
because what use his temperament
34:17
if there's no integrity know
34:19
what now yeah what man or does he like hold net
34:21
together in a l knight other and be excel
34:23
in everybody's best friend being the ultimate
34:25
quote unquote professional but if you have no integrity
34:28
than just another psychopaths are
34:31
, think he had only i thought is
34:35
interesting that this field this only recently
34:37
begun to study the psychological dimensions and
34:39
aspects of the job being a
34:41
judge and the findings really were pretty
34:44
surprising to me as up until now research
34:46
in this area has been experimental
34:48
and nature with the understanding that the individual
34:50
who's being considered for this position and who
34:52
is holding the position is that
34:54
they're attributes as that human being or
34:57
more significant relevant than the judges
34:59
attributes as a lawyer or
35:01
attributes judge me it makes sense but maybe
35:03
it was distracted by what i was assumed
35:05
the education experience level education person being
35:07
considered i mean that the way this is being
35:09
broken down is very important for me
35:11
to look at him and help tolerate that
35:14
desperate distress when i think completely
35:16
unfair decisions are being education
35:19
, and still huge in my mind
35:21
yeah yeah oh yeah minimum
35:23
or a nick fan here yeah fan here
35:26
so when we talk about what is the best
35:28
to make up of those pursuing are
35:30
holding these positions going back
35:32
to that quality temperament is really
35:35
extremely important
35:36
well meaning
35:37
what is regular
35:40
human come from it before we get to judges
35:42
oh okay as
35:44
psychologist
35:46
we understand that temperament
35:49
is a relatively stable trade
35:51
that levels individual differences in
35:53
emotional habits that underlies
35:56
the way in which different people
35:58
react to and cope with and
36:00
learning intuitions number you permit
36:02
is sort of this gyroscope
36:05
of balance within a
36:07
personality characteristics that allows
36:09
people to be predictable and understandable
36:12
with them that kind of framework of integrity
36:14
as if the way i look at
36:16
yeah it's
36:19
relatively stable in stable person like you know
36:21
their temperaments blink we each know
36:23
our spouses and with their comments are gonna be like
36:26
maybe in different situations or environment
36:28
right but
36:29
over and over again in the same situation
36:31
environment we pretty much say like
36:34
character
36:37
so when like the opposite of be like well
36:39
that's that's really i mean are different than be acting
36:41
that way you know how long do we say that
36:44
right well other carry marrone
36:47
who is the chair in
36:49
law and professor of medicine
36:52
health and society it's and about university
36:54
he works intimately was you to so
36:56
groups united states and around the
36:58
world and a lot of his work
37:00
supports judges in recognizing
37:03
and responding to the human aspects of
37:05
their work but he wrote a really great piece
37:07
about the topic of judicial temperament
37:10
and so we thought it was really helpful
37:12
in understanding the general expectations
37:14
that we have set us as citizens have
37:16
of are appointed officials he sees
37:19
early on that quote elusive as
37:21
it is important judicial temperament
37:23
is notoriously hard
37:24
the define luau interesting
37:26
when i have that you're trying to define it and now
37:29
the sex
37:29
like know if you guys chance or
37:32
you say oh he's acknowledging that it's really difficult
37:35
like so for so we're talking about something that
37:37
is really difficult and that goes on
37:39
to another important aspect that will pour
37:41
in pour in second if he goes on to say judicial
37:43
temperament boss should be understood
37:45
to refer to a deep seated relatively
37:48
stable set of personal traits separable
37:51
from intellect training and ideology
37:53
that in dialectics with
37:55
specific traditional environments and
37:58
the predictable demands of judging right
38:00
behaviors that affect how justice
38:02
is delivered and proceed so i mean we've
38:04
we probably have mentioned d b t multiple
38:06
times here dialectical behavior therapy
38:09
which is a concept and training
38:11
and treatment protocol developed by marsha linehan
38:14
for people with personality disorders
38:16
that dialectical thinking as a really important
38:18
concept that all of us can benefit from
38:20
because dialectical thinking is
38:22
the ability to see things from multiple
38:25
perspectives so a fundamental
38:27
groundwork understanding of dialectical
38:30
thinking is that everything is
38:32
composed of opposites and contradictions
38:35
and then to understand things comprehensively
38:38
we have to understand their opposite so
38:40
it's basically the absolute
38:42
opposite of concrete thinking
38:45
right
38:46
yeah we want critical thinking we don't
38:48
buy can went thinking it's
38:49
what a judge to be able to sit know court room and
38:51
say both this and this
38:53
or existing at the same time ya se can
38:55
both be true and it doesn't mean one has
38:58
to block out the other
38:58
and i can sort of hold all that and my
39:00
mind and consider all of that
39:03
when making decisions on law so
39:05
yeah really like you were saying earlier you are sitting
39:08
in your disk tolerance of
39:10
this information that's exactly what
39:12
we want to do would
39:15
be able to consider that the assumption is that
39:17
judges will has courtesy
39:20
patients and compassion combined
39:22
with things like intellect integrity
39:25
and adequate legal training
39:27
based on what we as a population
39:29
expect as necessary to be
39:32
an interpreter of the law and
39:35
working towards our interest but clearly
39:37
it doesn't always go this way and will
39:39
have some examples of that but also
39:41
judges are expected to have basic psychological
39:44
melody with i'm here it's strengths
39:46
and weaknesses their core trade should
39:48
focus on to intercall factors
39:51
etti patterns of emotional experience
39:53
and the ability to appropriately
39:55
regulates emotionality which i
39:58
think that one
39:59
the huge
39:59
well and like you said not just on the outside
40:02
but on the inside you like really regulate
40:04
yeah i mean i i like the
40:06
way this writer really drills down on that
40:08
i think that that's such an important concept
40:11
i mean it certainly is is integral to
40:13
the work that we do you know providing
40:15
services or interpreting the behaviors
40:17
of others what this paper goes on to say
40:19
that the best profiles for judges will
40:21
reflect at least modern if not
40:23
shy positive emotionality and
40:26
moderate to high levels of self regulatory
40:28
capacity is transport judges
40:31
and meeting the positions responsibility with
40:33
resilience and expectation
40:35
to maintain consistent displays
40:38
of what you were talking about earlier qualities
40:40
of patients compassion respect level
40:43
headedness and of course openness
40:45
much as said be like the baseline
40:47
i would think the worst profiles
40:49
and will have high levels of negative
40:51
emotionality and low levels
40:53
of the capacity for self regulate so
40:56
a combination of those qualities would lead judges
40:58
to cope very poorly over time
41:01
with displays of things like and
41:03
patience disrespect disdain
41:05
volatility and high levels
41:07
and defensive best so while
41:10
there's a lot of flexibility in a spot the
41:12
baseline the author hope that they're
41:15
going to be core elements of trait positivity
41:17
moderate self regulation and
41:20
control or very high regulation
41:23
of the extreme end of that individuals
41:25
negative emotionality i loved
41:27
us
41:28
so basically i want my judge
41:30
flag in between sessions
41:33
and on breaks back in his chambers meditating
41:35
to build his resilience of but
41:37
on him on the bottle of
41:40
as a coping mechanism before he gets back on
41:43
the stand there the couple of other things original minimum
41:45
our oh
41:46
okay so foreshadowing there some
41:48
other and unnecessary coping skills
41:50
going on in the courtroom perhaps so
41:53
the other also talks
41:55
the radio about the trait of kindness
41:57
being inter
41:58
i'm sure the makeup other the child
41:59
it's is a little bit surprising
42:02
just like this nice fluffy term of
42:04
kindness but the way it was framed was really
42:06
well stated in his definition
42:08
of kindness he asserts that treat
42:11
kindness is not about individual
42:13
sporadic and specific acts
42:16
but an overall profound
42:19
quote constellation a
42:21
positive attitudes feelings and behaviors
42:23
towards others i can please someone else use your
42:26
word constellation sky
42:28
my goodness i was so happy that five
42:30
thousand nine a chance olmert this is that
42:32
included things like compassion empathy
42:36
prosocial behavior generosity
42:38
and ultra
42:39
them essentially one who
42:41
approaches life with a love for
42:43
humanity which is
42:45
a very nice thing to think about this
42:47
your judges up there on the bench you want them to above
42:50
all
42:51
how about consideration for humanity so
42:53
keeping in mind that judges
42:56
are expected to have all
42:58
wonderful traits
43:00
then during stressful conditions
43:03
there are some problematic traits yeah
43:05
exactly so on the other end of
43:07
the spectrum of problematic traits
43:09
that a judge could have or basically anybody
43:11
can have those would include dispositional
43:14
anger or a consistent ongoing
43:16
tendency to interpret hostile
43:18
intent and the actions of others so
43:20
somebody that could be easily frustrated
43:23
by a variety of general life challenges
43:25
and maybe have an experience or a history
43:27
of mood changes and really
43:29
problematic is someone that ruminates
43:32
core focuses on their own experience
43:34
of anger and bear
43:37
perceived grievances the
43:40
i thought about grievances and the last
43:42
yeah it's very yeah
43:44
in our last one wow about shooters that's
43:46
a big the yeah so individuals who are
43:49
temperamentally hostile and argumentative
43:51
will tend to be vigilant even
43:53
to the extent of hyper vigilant for the perception
43:56
of their provocation from others and
43:58
they tend to initiate in sustain arguments
44:01
and respond to what they've instigated
44:04
in anger so we're just basically saying
44:06
that the worst qualities that you could probably have
44:08
as to be somebody who has proceed
44:10
grievances the anger management
44:12
issues and then in stick a tory
44:15
and persecutory beliefs
44:18
and actions
44:19
yeah i mean that the bordering
44:21
on the know having your own ideology
44:24
and mind made up about
44:25
i mean it just sort of like the lens through your viewing
44:27
the world literally and each case
44:29
the judge has has to really stand on
44:32
its own so new one curiosity
44:34
stream jeff bezos elon musk
44:36
kim kardashian cycles are in
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many ways the lifeblood of society they are
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willing to put everything out there are willing to news
44:43
everything see how the super elite use their
44:45
money and power to shape our lives on-site
44:47
who was from japan's unbreakable
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super code to the algorithm mining your bitcoin
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were breaking down the world's most famous encryption
44:55
on correct new the code watch now on curiosity
44:57
three annual plans or twenty dollars just
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a dollar sixty seven a month visit curiosity
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stream dot com new one
45:03
curiosity stream jeff bezos
45:06
elon musk kim kardashian tycoon
45:08
are in many ways the lifeblood of society they
45:11
are willing to put everything out there are willing
45:13
to lose everything seeing how the super elite
45:15
use their money and power to shape our lives
45:17
on-site to was from japan's
45:20
unbreakable super code to the algorithm mining
45:22
your bitcoin were breaking down the world's most
45:24
famous encryption on cracking the code
45:26
watch now on curiosity three annual
45:28
plans or twenty dollars just a dollar sixty seven
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a month as a curiosity stream dot com
45:33
amazon
45:36
business owners do wow gee
45:38
for care of it officer of global network back
45:41
last week deal saved based and
45:43
used amazon business to help her team
45:45
by three hundred and twenty seven headset
45:47
know barbed and keep his conversations
45:49
to himself my speakerphone
45:52
would business by easier than before
45:54
deal now uses or extra time to focus
45:56
on growing something big nice
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motor dream big
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visit amazon business your partner
46:02
for smart business mine hang
46:04
it up bob i
46:06
i wanted to quickly mention the a looked
46:08
at really old city as from the eighties
46:10
by it was conducted to
46:12
look at personality traits between male
46:14
and female judges and i really felt
46:16
differences so i love that
46:18
yeah
46:18
not gonna go into the a time but they were just
46:20
kind of looking at it from this sort of bio
46:23
social perspectives and
46:25
in find huge difference as
46:27
though
46:28
the and for an interesting time like the eighties
46:30
and their perspective was looking at it from like
46:32
more women and
46:33
the workforce and all of those
46:35
in a way that the toilet progressive
46:37
for that time which which
46:39
should have been so kind of jumping around now
46:41
to the idea of what happens when somebody goes
46:43
rogue or when or when judge proceed
46:46
to not being able to do their job and
46:48
had had we get rid of them will you teach
46:50
them which i've never really i mean impeachment
46:53
is like this term it's thrown around all the time
46:55
about the out officials and elected
46:57
officials and the president's francs or
46:59
what does it mean and he will get
47:01
into that moment sometimes seems
47:04
like that termed as doesn't have any teeth
47:07
later on but they didn't they didn't do anything
47:09
they're still in the position sound like this of
47:11
course is all stemming from talk
47:13
right now due to the overturning a bro
47:15
vs way because to supreme
47:18
court justices in their confirmation hearings were asked
47:20
to give their view on the law protecting
47:22
abortion rights and stated that they felt
47:24
the issue had been settled is legal precedent
47:26
so now some people were calling for impeachment
47:29
because they lied under oath and these hearings
47:31
and respects the saying is like he lied right
47:34
he were asked directly about this now you're lying
47:36
because you're finding on to
47:38
this movement and a was under
47:40
oath so on what's
47:42
sad about so according to article three
47:45
that you talk about the top the judges
47:47
boat of the supreme and and fury chords
47:49
shall hold their offices during good
47:51
behavior
47:52
that term again like vague
47:54
as fuck either it is
47:55
how also
47:58
yahoo gets to say what good behavior
47:59
the study only has volatile
48:02
as things are today and arm speech
48:05
but the other constitution lays out that the government
48:07
officials can be impeached for treason bribery
48:10
or other high crimes and misdemeanors
48:13
so , process of impeaching
48:15
a springboard judges the same as impeached
48:17
present first first as drop
48:20
articles impeachment the house the needs only
48:22
majority to impeach supreme court justice
48:25
a two thirds majority is required in the senate
48:27
to convict same process goes
48:29
for any federal judge and with respect federal
48:32
judges since eighty know three the
48:34
house of representatives as only impeach
48:36
fifteen judges three
48:39
that was surprised me and i'm only eight
48:41
of these impeachments are followed by convictions in
48:43
the senate an article justice
48:46
samuel chases the only supreme court justice
48:48
in the house that was or been impeached and
48:50
he was acquitted and then impeachment
48:52
the senate and eighty know five so
48:55
there's puts me the thing that's in place to hold
48:57
people accountable
48:58
it's only used very
49:01
little historically when we actually
49:03
know barrel lot of cases out there in fact we had
49:05
to choose three of the most egregious
49:08
as examples but there's a lot out there
49:10
there is innocent really
49:13
for the started thirty per is for
49:15
me because it is super super hard
49:17
to get rid of status so
49:19
for the state or the superior court
49:22
for their judges there's you
49:25
know if we don't want them back
49:27
in their possession their elected so
49:29
there's a possibility that they don't get reelected
49:31
right so that is taken to the voters
49:33
and they could lose their stay on the bench that way
49:36
seat judges can also be impeached
49:38
by the state legislatures judges
49:40
usually have to be accused of very
49:42
serious misdeeds to be impeached
49:45
things like associating
49:47
with organized crime figures
49:49
embezzlement like major major
49:51
money mismanagement or fraud
49:53
and or using their powers and not some
49:56
however you cannot
49:58
to fire a judge with the evidence of
50:00
criminal activity growth
50:02
and morality or other
50:04
greta misconduct so
50:07
there also exists a process
50:09
which i feel like this this can make people feel
50:11
a little bit more empowered perhaps by again
50:13
for doesn't really shake out too well in favor
50:16
of those who feel that the judges acting
50:18
and i agree just ways
50:20
in the course of their job but up us as
50:22
call judicial review and all citizens
50:24
can file complaints against any state judge in the
50:26
united states by going to the judicial conduct
50:29
commission for that particular state
50:31
that you're an and the judicial conduct
50:33
missions can impose a range
50:35
of penalties including legal orders
50:37
to see
50:38
this is a particular course of action
50:40
formal warnings temporary suspension
50:43
for sweet
50:44
comment from the bench and removal from office
50:46
and judges are warned or sanctioned
50:48
by the judicial conduct commission more
50:51
often the are actually removed from office
50:53
are forced into retirement south is lot of or
50:55
wagging as to like you did this wrong
50:57
or don't do that again but
51:00
again doesn't really result in
51:02
a lot of
51:03
the movement or remove all the lights
51:07
i know
51:07
hopeless helpless feeling is will
51:10
is is is that that's what i'm talking
51:12
about were filled with you doesn't have any teeth of slide
51:14
yeah so if these people have done
51:16
day i mean you and i work
51:18
in the mail you that that we have a license
51:21
you know if we were to do some of the agree just some
51:23
even if it's a misdemeanor or felony
51:26
as he as it has immediate
51:28
impact on our ability to work
51:31
whereas this position
51:33
seems to be a completely different thing
51:35
like idealize a perfect example people
51:37
should absolutely not drink and drive and
51:39
in the city california do you
51:41
i charges against a license mental
51:43
health clinician far swift
51:46
they are severe and they are immediate
51:49
know why wouldn't we
51:51
have people holding our
51:53
highest positions in a court of law
51:56
and those same thing i entered
51:58
right now they're does exist
51:59
the code of conduct for most judicial
52:02
bodies like the u s
52:03
court has their code of conduct
52:05
the other than states etc so
52:07
that can go into detail but still it's
52:10
it's a code of conduct the penalties
52:12
and the ramifications are consequences
52:15
just aren't really having
52:17
any teams like he said i'm so isn't
52:20
looking at some examples of particularly
52:23
egregious behaviors perpetrated by judges we
52:25
found some real , these here
52:27
we're going to kind of cq all over the bar through
52:29
the first they run they gamut from
52:31
exceedingly criminal to reflections
52:34
criminal to behavior behind
52:35
the night i know there's one per girl here
52:37
i've been waiting to cover for a long time but
52:39
we're gonna save it for the end and nights i
52:42
will try and keep it straight face
52:44
don't historic a , semi like
52:47
sound that looking forward to it
52:48
however i'm gonna start with a non
52:50
american judge or one of my examples
52:53
former canadian judge
52:54
jack
52:56
lila who sat on the quebec
52:58
superior court from nineteen eighty
53:00
five teenage and eighty two as
53:02
well as the quebec court of appeals from nineteen
53:05
ninety two to two thousand and nine when
53:07
he retired so a dilemma
53:10
was arrested charged and subsequently
53:12
convicted of murder in
53:15
june twenty ten for the november
53:17
two thousand and nine death of his wife
53:20
marie nicole rainbow the lila
53:22
throughout the proceedings and subsequent
53:24
imprisonment the always maintained
53:27
his innocence claiming that
53:29
his wife of forty nine years actually
53:32
died by suicide because
53:34
she had significant health problems
53:37
significant mobile
53:38
the issues and
53:40
the quality of life was not great
53:43
she had a stroke and two thousand and seven
53:45
that left her partially paralyzed
53:48
with the necessary use of a wheelchair
53:51
and her last month's were further complicated
53:53
by a lengthy hospital stay after
53:55
a significant hip fracture i can't imagine
53:58
how devastating that was with already her
54:00
condition but during the preparation
54:03
for the trial and the proceedings interestingly
54:05
it was revealed that the
54:08
lila was having an affair
54:10
with his coworker his former secretary
54:13
when his wife died of gunshot
54:15
wound to her head
54:16
lila trial was scheduled to begin
54:18
in two dozen lab and for the delay
54:21
when one of the prosecutors withdrew
54:23
from the proceedings that's always interesting
54:25
now it can be for any number of reasons
54:27
that we aren't privy to but that's always
54:30
interesting a trial finally began
54:32
in may and twenty twelve and in june
54:34
of two thousand twelve the next month to lila was found
54:37
guilty of first degree murder for the death
54:39
of his wife marina called so
54:41
to lila and it's representation preceded
54:43
immediately to appeal the conviction however
54:45
the comeback court of appeals upheld
54:48
the standing session and they declined
54:50
years case moving forward and march
54:52
twenty fifteen the courts announced that justice
54:54
minister peter mackay would
54:57
, the wheel as request for a new trial
54:59
during those proceedings the former judge
55:01
asserted that his wife had
55:04
committed suicide and that her
55:06
attempt was complete with the weapon
55:08
that he had supplied licensing
55:13
your licensing said then why are you giving your e
55:15
your or not maybe not terminally ill
55:17
but your wife who is
55:20
severely impacted by mobile
55:22
issues and help this and help are you providing
55:24
heard the weapons so this assertion
55:27
is reported to have been supported
55:29
by the forensic experts that were brought in
55:31
for that appeal
55:32
right so that the the appeal focused
55:35
on irregularities
55:37
in the original autopsy report and was completed
55:40
by the pathologists and
55:42
the report that was used to convict the lila was
55:44
found to have major shortcomings and evaluated
55:47
by another pathologist so
55:49
another original pathologists his work was found to
55:51
be described as grossly negligent
55:54
because he failed to disclose and preserve
55:56
evidence of significant
55:58
bullet fragments
56:00
windows store and these
56:02
particular fragments would have fully
56:04
established the factory of
56:07
the bullet entered ranges brain
56:09
the mythical amount of gunshot residue
56:11
were found on range else hand
56:14
during the investigation which further
56:16
supported the claims that she fired
56:18
the firearm herself so
56:21
you know about the find a year and it's fun
56:23
to look at the picture of that
56:25
is seen as you can see online there's a photograph
56:28
of her hand that was taken as evidence and areas
56:30
like this major gunshot residue
56:32
smudge our on her hand the
56:35
other thing is is looking at the age
56:37
of the lila at the time these
56:39
were two elderly people the idea
56:43
it's weird that he provided her with this weapon
56:46
but did she had the wherewithal to use it
56:48
but clearly you know the trial
56:50
was not we're not handle
56:52
well to begin a good allow out and
56:54
all of our forensic files listeners right now
56:56
are like oh she totally wiped her hand
56:58
on his exactly
57:00
yeah but he was worried was worried uses you cannot
57:03
go down this rabbit holes so quickly
57:05
so in april of twenty of twenty federal
57:07
justice minister david limit he ordered
57:09
a new trial for the lila where the sentence
57:12
and the conviction were set aside
57:14
and discharged and and twenty twenty two the
57:16
superior court of quebec made a final
57:18
ruling that he would not face second
57:21
trial and he should be released so
57:23
delilah is the first judging canadian
57:25
history to be charged with murder and the first
57:27
serve prison time delilah was incarcerated
57:30
for ten years and he's currently eighty
57:32
seven years old
57:33
free and every every moment so
57:36
meadow when you think about this this is because it's like judges
57:38
judging judges that
57:40
rights are associated
57:42
our this that flight that weapon providing
57:45
the weapon thing is pretty pretty
57:47
sketchy but
57:48
i wonder if there was like an element
57:50
to it at all of like well with this sort of
57:52
like an assisted suicide
57:55
that soylent i'll be the way that it
57:57
the the story line
57:59
league
57:59
but nobody's saying and and anything
58:02
that i read like i have a research i
58:04
was able my they weren't standing and explicitly
58:06
right
58:07
we don't like it when he don't wives
58:09
and at dead and there's an affair
58:11
happening
58:11
i know it's a chief
58:14
well with a okay all right
58:16
let's come with come back to the united states
58:18
and know yeah fuck about a man
58:20
named clarence thomas so
58:23
she was a federal circuit judge and was
58:25
nominated to the supreme court of the united
58:27
states and nineteen ninety one by
58:30
then president george hw
58:32
bush key is to the supreme court's
58:34
the united states and ninety one
58:36
successful senate hearings on his nomination and
58:38
confirmation were finished with an
58:41
almost glowing picture of thomas'
58:43
character a significant also jason
58:46
this emphasis on his character was very
58:48
important because he only had
58:50
a years experience as a judge
58:53
everything was clear to go until an
58:55
f b i interview of a woman
58:57
named and need a hill was
58:59
the to the press resulting in the hearings
59:01
being
59:02
reopened and missile
59:04
was brought in to testify
59:06
so let's address something
59:08
right now very importantly here by introducing
59:11
the level of importance and the actual
59:13
background of the players here anita
59:15
hill as an american attorney author
59:17
educator professor educator social policy
59:20
law and women study at multiple
59:22
universities she became she became bar
59:24
member nineteen eighty and became an attorney
59:26
advisor to clarence thomas after several
59:28
years as a loss as yet with a highly
59:31
reputable firms are just to go back and emphasized
59:33
in nineteen eighty see became
59:36
an attorney advisor to clarence
59:38
thomas the person that she is testifying
59:40
about the sale was admitted to the district of columbia
59:43
bar and ninety eighty began her law career
59:45
as associate with the washington dc from
59:47
of walls our crater and
59:49
ross in nineteen eighty one when
59:51
she became attorney advisor to clarence thomas
59:54
t was then the assistant secretary
59:56
to the us department of education's office
59:58
for civil rights anita hill
59:59
thomas and a sister when he became
1:00:02
chairman of the u s equal employment
1:00:04
opportunity commission so she was
1:00:06
very impressive
1:00:07
the ninety one and she continued to excel
1:00:09
as a leader an educator throughout
1:00:11
the years since this debacle that brought
1:00:13
her into really the vicious
1:00:16
the vicious the public and today still
1:00:18
smart and beautiful as ever at
1:00:20
age sixty five degrees
1:00:22
yeah in her public the deposition in october
1:00:25
of next ninety one shell stated that she had
1:00:27
experienced sexual harassment perpetrated
1:00:29
by thomas while he was her supervisor
1:00:32
at the ios see she testified
1:00:35
that clarence thomas had asked her out
1:00:37
numerous times during her employment
1:00:40
as is assistance as
1:00:42
well as many other thing
1:00:44
it's not so smart
1:00:46
yeah it just continues to build
1:00:49
after declining
1:00:51
many of thomas' advances over the
1:00:53
months that she was there she described
1:00:56
his efforts to create work situations
1:00:59
that would provide him with an opportunity
1:01:01
to discuss sexual topics testify
1:01:03
to thomas about reality and
1:01:06
filmed scenes or groups sex
1:01:08
that he had observed and
1:01:10
rate things pan films that he had
1:01:12
observed thomas repeatedly graphically
1:01:15
described is purported
1:01:18
sexual abilities as well as describing
1:01:21
his genitalia see also described
1:01:23
another particularly disturbing instant were
1:01:25
thomas looked at looked at can on his desk
1:01:27
and asked who has put pubic hair
1:01:29
on my cope
1:01:30
no indicative of
1:01:33
rejection like mail rejection
1:01:35
and which without a doubt it
1:01:38
is it's like a book
1:01:40
yeah
1:01:41
no miss hill was
1:01:43
though aside and continues to be
1:01:46
to the stay with their his website said
1:01:48
assert that her testimony doesn't add up and
1:01:50
people stopped at this apart is by very
1:01:52
strong evidence coming from the initial f b
1:01:54
i interview that she had done republican
1:01:56
sen orrin hatch
1:01:58
work hard to and
1:01:59
in a nutshell was working collaboratively
1:02:02
to destroy thomas' chances
1:02:04
at the supreme court when it should be noted
1:02:07
that the so cooperated throughout the
1:02:09
process even agreeing to take a polygraph
1:02:11
test which of course is not admissible
1:02:14
in court but always insisted
1:02:16
upon until the alleged individual actually
1:02:18
asked for it and hello she's not the went
1:02:20
on trial here so so
1:02:22
to speak right like this isn't a trial but right
1:02:25
to not the person
1:02:26
they'd be raked over the cold
1:02:28
she's a witness and being asked
1:02:31
to take
1:02:31
the graph him being raped
1:02:33
over the coals so here's the thing she
1:02:36
does take the polygraph and
1:02:38
it's supported her assertions about clarence
1:02:40
thomas's actions that she was not being deceptive
1:02:43
so as the implications for these hearings continue
1:02:45
to escalate thomas made
1:02:47
more and more stringent
1:02:50
statements asserting that the actions
1:02:52
were instigated by flight liberals looking
1:02:54
to unseat a conservative supreme
1:02:56
court member despite the testimony and the troubling
1:02:58
allegations thomas was confirmed
1:03:01
to the supreme court by the narrowest margin
1:03:03
since the nineteenth century consisting of
1:03:05
about us fifty two to forty eight so
1:03:08
clearly and that was remembered
1:03:10
the folks that was a time when there was a lot
1:03:12
more reaching across the aisle than there
1:03:14
is now there's like there's so much division
1:03:17
now but back then i mean that's a really
1:03:19
significant and now here we are
1:03:21
off his years later
1:03:23
no it like
1:03:24
perfect example of darvill deny
1:03:27
attack and then reverse victim and
1:03:29
offender just like classic
1:03:31
defense of somebody who's victimized
1:03:34
and
1:03:34
this my likely
1:03:35
anita hill was accused of being either
1:03:37
a time revenge
1:03:40
prompted jilted stalker mentally
1:03:43
ill of course i always like to go to that rates
1:03:45
are delusional vamp i mean all of the
1:03:47
things that she has been called and while
1:03:50
she did follow thomas to another job
1:03:52
after these allegations people forget the
1:03:54
real challenges that women's career trajectories
1:03:57
have faced historically especially
1:03:59
talking about
1:03:59
maybe an airy
1:04:02
go down at the same pathway of questioning
1:04:05
of all i did she leave why didn't she say
1:04:07
something you know we're starting to visit some
1:04:09
blame like
1:04:10
we see in i p v
1:04:12
situations it's kinda grosses
1:04:14
corolla so forget it excursion
1:04:17
it's frustrating because it's just
1:04:19
this ongoing repetition
1:04:21
of history that gets more complicated
1:04:24
the more we supposedly think
1:04:26
that we are up on it
1:04:28
yeah look what's so frustrating for me here is
1:04:30
the lack of perspective as to the reality
1:04:33
of what women have faced historically in any
1:04:35
career they had to put up with so
1:04:37
much shit work twice
1:04:39
as hard to get half as far and
1:04:41
then and here's where our sound like
1:04:43
a a boomer is that current generations
1:04:46
really want to hold their predecessors
1:04:48
to what seems to me to be impossible standards
1:04:51
so you're over there lot of people today that
1:04:53
will still go well she can a laughed how
1:04:56
how could she possibly how can this possibly
1:04:58
have happened and yet she followed him
1:05:00
because she's just she's talking about
1:05:02
the shit that she put up with right
1:05:05
that's what we're losing talking
1:05:07
about the shit that she put up with
1:05:09
that is a reflection on his character
1:05:12
on his quote unquote integrity
1:05:14
right
1:05:15
is it it's not like she was the
1:05:17
only woman put he'll put this as excited
1:05:19
as it's millions of stories i'm sure like
1:05:21
best as just like i'm like that's
1:05:24
that's we did that that is what we put up with and
1:05:26
hopefully not the same degree in such
1:05:28
big members but every
1:05:31
woman's generation in the workplace
1:05:33
has their version though and
1:05:35
fascinating development author david
1:05:37
brock reach wanted the allegations
1:05:40
he had made about muscle in the book
1:05:42
the real anita hill and ninety ninety three
1:05:44
describing his work as an actual
1:05:46
character assassination he's noted to
1:05:48
of apologize to
1:05:50
miss hill many
1:05:51
the later oh good for
1:05:53
you more went that when summer where
1:05:56
i mean i i do know
1:05:58
that
1:06:00
i don't think david will be listening
1:06:02
to this but i do know that he has
1:06:05
made great efforts to remove
1:06:07
himself from the position he took
1:06:10
in the nineties doing a lot
1:06:12
a character assassination the something she was
1:06:14
not the only target there are a lot of targets
1:06:16
and apparently he had an epiphany and
1:06:18
realized what he was doing and had like
1:06:20
on maybe a moral or ethical crisis the
1:06:22
no i don't know how you sit with yourself when
1:06:25
you realize that you played a part can
1:06:28
salute li
1:06:29
the birding the past
1:06:31
of justice the to i
1:06:33
wouldn't i don't tell you i fuckin wouldn't want to be
1:06:36
in that position nine i will
1:06:38
know how i would how i would deal with that
1:06:40
i really don't yeah yeah well
1:06:42
eastern cats
1:06:43
we can't undo where we
1:06:45
know what has happened but i guess coughing
1:06:47
to it and apologizing for it
1:06:49
was dark in
1:06:52
in two thousand and seven wrote an autobiography
1:06:54
and he claims are conspiracy
1:06:56
of pro choice
1:06:57
liberals who were
1:06:59
debated by their fear that he would vote
1:07:01
to overturn rovers
1:07:03
wade when talking
1:07:05
about all
1:07:05
then you to heal stuff so yeah that
1:07:08
you know things are in motion how telling her
1:07:10
well going back isn't that interesting
1:07:12
we talked about one of the qualities when we're talking
1:07:14
about temperament one of the big
1:07:16
red flags is rumination
1:07:19
on perceived grievance [unk] eu
1:07:21
so here we go we got somebody with
1:07:23
an ideology for whatever reason
1:07:26
and and believe me i will sit down with somebody
1:07:28
that is that is anti choice
1:07:30
and we can have a discussion if you're willing to have a discussion
1:07:32
but you know be prepared to have
1:07:34
receipts and not about your belief
1:07:36
system but about actual about thermal
1:07:39
that but in this case it's just
1:07:41
almost shilling that he's been sitting
1:07:43
on this ruminating chef probably
1:07:46
two thousand two thousand when he started writing it but
1:07:48
it's very calling to me look thomas
1:07:50
while initially describing miss hills
1:07:52
work as excellent which was exactly
1:07:55
the way it was described when she was working for him
1:07:57
now he describes her work as mediocre
1:07:59
at best and he describes her character
1:08:01
as what i want to settle and
1:08:04
family feud like the top this is
1:08:06
what we always go after women for for being
1:08:08
emotionally fragile sensitive
1:08:10
and likely to be dramatic and overreacted
1:08:13
is fascinating giving her amazing
1:08:15
self composure and her presentation and
1:08:17
her ongoing significant complishments
1:08:20
since the early nineties and as a
1:08:22
lot of raging yeah says
1:08:24
a lot about him you know if he thought so
1:08:26
poorly of harm why did she write the sport
1:08:28
letters thomas went on to describe
1:08:30
kills peers of the time
1:08:32
that supported her and all employees
1:08:35
you had left him on bad terms
1:08:37
go again like this paranoid
1:08:40
, a son that it's all a conspiracy against
1:08:42
like had looked there were four female witnesses
1:08:44
who are vetted to support any details
1:08:46
case they were not called
1:08:49
dude what the l a times newspaper discovered
1:08:51
was a deal between republicans and
1:08:53
the senate judiciary committee chaired by
1:08:56
by geez you're on all the way to the to
1:08:59
sell yeah we're all over dislike it just shows
1:09:01
how how complex politics are
1:09:04
so how old's oh by the just realized
1:09:07
right away till away male that we get on it up a third
1:09:09
oh and i lay in again and know oh
1:09:11
yeah well as i will be like another to
1:09:13
star review for one episode that you don't
1:09:15
agree with but
1:09:16
related don't talk about the law okay
1:09:19
yeah , so as biden was preparing
1:09:21
to run for president though she reached out to express
1:09:24
regret to muscle and
1:09:26
she's reported to have replied
1:09:28
quote i cannot be satisfied by simply
1:09:30
saying i'm sorry for what happened to you
1:09:33
i will be satisfied when i know that there is real
1:09:35
change and real accountability and
1:09:38
real so
1:09:40
missile so to this day to be a very
1:09:43
private person as declined over the years
1:09:45
to revisit this really challenging
1:09:47
experience despite as she has
1:09:49
stated that bidens conduct at the time does not
1:09:51
disqualifies qualification
1:09:53
for his presidency stating
1:09:56
i'm really open two people changing professional
1:09:58
and classy as well
1:09:59
and last year she published a book
1:10:02
is called believe
1:10:03
they are thirty year journey to and
1:10:05
gender balance so i just want to do
1:10:07
have another know she's not a judge
1:10:10
sounds like she would make an excellent excellent
1:10:12
judge ah but when we talk
1:10:14
about temperament the absolute
1:10:17
opposite of negative aspects
1:10:20
of rumination and
1:10:22
paranoia and proceed grievances this
1:10:24
grievances this who says i'm really open
1:10:26
to people changing
1:10:28
that a lotta last but
1:10:31
gross also not her i just
1:10:33
pray when but we're moving on to something
1:10:35
gross which is
1:10:36
horrific and it in scope lucerne
1:10:39
county judge mark cheer for allah
1:10:42
also known as kids for cash
1:10:44
judge cheer burrell i received a
1:10:46
twenty eight year prison sentence for his role
1:10:48
in the kids for cash scandal
1:10:51
this is a big one this is a real big
1:10:53
one so he was sentenced in two thousand and eleven to twenty
1:10:55
eight years stemming from his acceptance
1:10:57
of over two point eight million
1:11:00
dollars in backroom deals and kickbacks
1:11:02
related to filling privately
1:11:04
developed juvenile detention facilities
1:11:06
to engage in these practices with judge michael
1:11:09
carnahan as well as the developer and
1:11:11
milner of the facilities a judge
1:11:13
presiding over a
1:11:14
he's also ordered a hefty restitution
1:11:16
to be paid in the amount of nine hundred and
1:11:18
sixty five thousand dollars
1:11:20
since lead to the commonwealth of pennsylvania
1:11:22
for his judicial salary and
1:11:25
, two hundred thousand dollars in the restitution
1:11:27
related to attacks charges
1:11:29
so the entire investigation
1:11:31
started when agents of the i rs
1:11:34
looked into see of perella and
1:11:36
his co defendants conahan
1:11:38
for relatively mean i guess
1:11:41
relatively minor tax issues issues
1:11:43
and wire fraud and some tax
1:11:46
fraud
1:11:46
miners timeline
1:11:48
in this age
1:11:50
of minor stuff
1:11:52
the when it turns out i mean it is i have the more minor
1:11:54
over there are flaws but so they ended up
1:11:56
shirt getting charged in january of two
1:11:59
thousand and nine for the
1:11:59
the offended by the irish
1:12:01
what more the came out he acted as the
1:12:03
case develop of school extent
1:12:06
of their actions were revealed the investigation
1:12:08
inquiry that started in two thousand seven it
1:12:10
reveals financial dealings in abuses that
1:12:12
included county government offices
1:12:15
state legislators school districts
1:12:17
and contractors in pennsylvania
1:12:19
both judges agreed to plead guilty by
1:12:22
in july two thousand nine the presiding judge judge
1:12:24
cosac rejected the defense's proposed
1:12:26
plea agreements because neither of
1:12:28
the charges
1:12:30
the or to accept personal responsibility
1:12:32
slurping hundred to
1:12:34
i love judge cause it for doing
1:12:36
that a jail that's integrity right
1:12:38
and they haven't even gotten to the bad stuff
1:12:41
yeah
1:12:41
right in the two
1:12:44
thousand and nine follow up proceeding though
1:12:46
the judges were charged with racketeering
1:12:49
honest services mail fraud money
1:12:51
laundering extortion bribery
1:12:53
tax violations conspiracy
1:12:56
as well as forfeiture
1:12:58
approximately two point eight
1:13:00
million dollars
1:13:01
and after and eleven
1:13:03
day jury trial she of or
1:13:05
ella forfeited the the
1:13:07
million dollars received from robert
1:13:10
miracle miracle is the individual
1:13:12
who developed and built the juvenile detention
1:13:15
facility
1:13:15
so the evidence establish that
1:13:18
carnahan close the existing lucerne
1:13:20
county juvenile detention facility when
1:13:22
he was chief judge then t
1:13:24
arranged for the financing for the private
1:13:26
facilities developed and built by miracle
1:13:29
he was further establish that she ever allah
1:13:31
then said juveniles to those
1:13:33
facilities and that both him and buried
1:13:35
the efforts to question the county's use of
1:13:38
the private facilities as well as their financial
1:13:40
relationships of miracle on health so in case
1:13:42
you're not getting it folks they tore down
1:13:44
be existing structures and maybe the existing
1:13:47
structures need to be torn down but what they did
1:13:49
was they created a private
1:13:51
or a it even if it was
1:13:53
been new county facility
1:13:56
it was larger and i need to fill those bags
1:13:58
so the judges were
1:13:59
like handing out is right and
1:14:02
last our completely inappropriate
1:14:04
for miners are
1:14:06
surrounded
1:14:07
to justify this vague
1:14:09
was you new structure that they were into
1:14:12
the swiss the developer on south
1:14:14
literally kids for caster judicial
1:14:17
and federal scandal had major
1:14:19
consequences although she ever allah
1:14:21
and conahan resign from the bench two thousand
1:14:23
and nine the devastation they both
1:14:25
my is widespread
1:14:27
and significance the supreme
1:14:29
court of pennsylvania had to vacate
1:14:32
thousands of juvenile infections
1:14:34
so we're talking kids convicted
1:14:36
that's probably should not
1:14:38
then just to fill bags well
1:14:41
and then some that maybe should have been
1:14:43
but when you got them all mixed together than you
1:14:45
have a you know of course it's awful
1:14:47
when innocent kids are convicted
1:14:49
and it's awful when you
1:14:51
know guilty parties are
1:14:53
not held responsible for their actions but
1:14:56
this really really screwed it up for them
1:14:58
missouri county did work with a state
1:15:00
and or branch commission on channel justice how
1:15:05
, read in the states justice
1:15:07
system changes that were clearly needed
1:15:09
to protect the constitutional rights as
1:15:12
to funnels
1:15:12
well as improve the oversight
1:15:14
and disciplinary process for judges
1:15:17
in pennsylvania really suck everything
1:15:19
in pennsylvania is just it's pretty
1:15:21
horrific and in june two thousand and eleven
1:15:23
plants were put in place to ensure the compensation
1:15:26
and florida abusive
1:15:28
ex
1:15:28
it's for fun imprisonment due to
1:15:30
the activities of
1:15:32
two judges know
1:15:34
at least are some compensation that happening
1:15:37
but hopefully assist in the right
1:15:39
direction i hope so
1:15:41
tonight so starter shiloh
1:15:43
as ellie not a confidential is the premier
1:15:47
forensic psychology and true crime podcast we
1:15:49
are able many times in our episodes to
1:15:51
offer particularly nuanced
1:15:54
examples of the darker side of humanity
1:15:58
but unfortunately but not one of the the
1:16:01
great , of something that is so
1:16:03
unbelievable to me to this day that like
1:16:06
i'm going to try and control my giggling avoid
1:16:08
because i'm by some of it will not be out of
1:16:10
humor summer we'll we'll be out of discomfort
1:16:13
i promise you are
1:16:15
the same are the on an
1:16:17
extra ring land with i think as
1:16:19
and giggles they're called so in two thousand
1:16:21
and six judge donald be thompson
1:16:24
and honored veteran and twenty three years on the
1:16:26
judicial bench in oklahoma when
1:16:28
on trial on charges that he used
1:16:30
a the
1:16:33
what us again a penis
1:16:35
on , under his robes
1:16:38
oh was tucked in court
1:16:40
court bidding sitting in
1:16:42
judgment mother's for years know
1:16:45
not just one episode four
1:16:47
and my years so let that sink that for
1:16:51
any further penis pump on
1:16:53
himself under his robes ma conducting court
1:16:55
know
1:16:56
no point
1:16:58
clearly now but addict clearly
1:17:01
anciently and happen and it gets
1:17:03
work let's say
1:17:05
, on an ongoing basis
1:17:07
and with increasing regularity regularity
1:17:10
attorneys clerks basically everybody
1:17:13
that was in the in the
1:17:15
had kept hearing of
1:17:17
signal ways it was described was being
1:17:19
similar to blood pressure cuff or
1:17:21
bicycle pump oh my
1:17:24
god i know
1:17:25
the look the allegations came to light after a
1:17:27
police officer who was in the court heard
1:17:30
these bizarre sounds like pumping and releasing
1:17:32
of air bellows and , officer
1:17:34
then identified a device in the judges
1:17:37
area and took photos of it during
1:17:39
a break and proceedings that's exactly
1:17:42
what a cop with detail exactly i found
1:17:44
the evidence i'm that as family
1:17:47
you know why are they said and you know it was
1:17:49
actually important that he did do it because this
1:17:51
probably would have gotten much worse
1:17:53
because this person clearly has
1:17:55
some behavioral drift for whatever reasons
1:17:57
they're doing it and is just escalating
1:17:59
oh my
1:18:00
this like inappropriate sexual
1:18:02
there are all over the place against
1:18:04
so doctor sarlo for our listeners
1:18:07
what what is a penis pop
1:18:11
i'm like talk about the great question
1:18:13
the great question and bling empire
1:18:16
when i watch a reality tv
1:18:18
or sorry it's a pneumatic
1:18:20
device and it is legitimately
1:18:22
used for erectile dysfunction and
1:18:24
it consists of a plastic cylinder
1:18:26
and a modified type of pump
1:18:28
it is similar to a bike pump that
1:18:31
in gorges the male member
1:18:33
by the use of a vacuum and honestly
1:18:35
it's also used recreationally to temporarily
1:18:38
increase the size of one's member if that
1:18:40
individual so desires you have
1:18:42
to be very careful according
1:18:45
to urologist because it
1:18:47
is a skill to learn to know how
1:18:49
much you can tolerate with bouts fairly
1:18:52
bruising your dick yeah
1:18:55
so how many how many how many com
1:18:58
blog , so dear listeners if you're
1:19:00
at work please do not google penis
1:19:02
pump just don't even said out loud so
1:19:04
that theory or alexa will be bombarding
1:19:06
your news feed and amazon shopping list
1:19:08
about will happen okay everyone
1:19:10
here he then elected just went off exactly
1:19:15
exactly lanka okay i'm in
1:19:17
my mind turning i'm ready yeah okay
1:19:19
so during one proceeding thompson
1:19:21
appeared so distracted that
1:19:24
some people thought
1:19:26
it was engaged in a handheld video
1:19:28
game hello hello site like
1:19:31
he was he was offered
1:19:33
a video eleven a twitch but
1:19:35
it was close my guide dog
1:19:38
so someone also because
1:19:40
it is in oklahoma someone
1:19:42
thought that he might be tying fly
1:19:45
fishing lures isn't that
1:19:47
what they call it now me as that with their cause of the
1:19:49
kids are calling these days because of course that's
1:19:51
what one would do when adjudicating a port proceed
1:19:53
ah god so i meet what
1:19:55
made this trial really good ol
1:19:57
inducing was watching the defensive
1:19:59
locator pantomime
1:20:03
masturbation motions over
1:20:05
and over again of course the actual
1:20:07
use of the device demonstrated
1:20:09
in the courtroom to illustrate bats
1:20:17
why
1:20:19
didn't i didn't plead guilty i doing
1:20:21
i wasn't rial i
1:20:24
, just doing this he was
1:20:26
eventually charged with four counts of indecent
1:20:28
exposure each of them punishable after ten
1:20:31
years in prison and if convicted of the charges
1:20:33
also had to register as a sex offender
1:20:35
with possibility of ending is
1:20:38
seven thousand four hundred and
1:20:40
eighty nine dollar a month pension
1:20:42
that's a lot of money in last
1:20:45
day a nice aldo
1:20:47
thompson to say and in his own
1:20:49
defense of cari asserted that
1:20:51
the device was just a gag gift from a friend
1:20:54
a , those assertions were pretty flat
1:20:56
said to myself to us
1:20:59
it can't with you today
1:21:01
stating that he did
1:21:03
not use the pump under the bench or in his office
1:21:10
just running just testimony has
1:21:12
steve
1:21:13
this is my gun se i just
1:21:15
i was provided by a number of witnesses
1:21:18
including his them a court reporter
1:21:20
miss lisa faster and she described
1:21:23
the really in a tearful and distraught manner
1:21:25
during her narrative as being
1:21:27
able to finally trace that strange
1:21:30
sound in the courtroom thompson
1:21:33
she testified between two thousand one
1:21:35
in two thousand three saw the judge
1:21:38
expose themselves at least wow
1:21:41
currently salute in all seriousness
1:21:43
see gave an absolute bizarre
1:21:46
account of hearing the sound during
1:21:48
a trial in two thousand and two when
1:21:50
she heard the pump during be
1:21:52
emotionally devastating testimony
1:21:54
other man sharing his grief
1:21:57
over the murder of his plans on us
1:21:59
this guy on us to foster
1:22:02
stated that the first time skeleton if i the song
1:22:04
activity was in two thousand but she was
1:22:06
afraid to make any kind of report to authorities
1:22:08
and here's a quote i didn't want to be found
1:22:11
dead in a ditch somewhere and import
1:22:13
about the fear mean all merseyside
1:22:15
that speaks to the level
1:22:17
of fear and that particular
1:22:20
court
1:22:21
yeah while at ease that
1:22:23
the know we're supposed to be held by these judges
1:22:26
not like he's a corgi weird
1:22:28
al by like
1:22:30
it speaks more than maybe
1:22:32
the system yeah so
1:22:35
here's another quote from a witness it sounded
1:22:37
like penis bugged me it hastily
1:22:39
and corrected himself saying that he had seen
1:22:41
such devices in movies such as austin
1:22:44
powers and dead man on campus of certainly
1:22:46
never won in person he just see to start
1:22:48
had heard them and movies and it's reported that
1:22:51
the pumping only occurred occasionally around
1:22:53
two thousand and one but it became more
1:22:55
and more common and way
1:22:58
more indiscreet because no
1:23:00
one challenged him on it and no one turn
1:23:02
demand so as
1:23:04
as of the trial thompson was disbarred
1:23:06
after being convicted on four counts of indecent
1:23:08
exposure and he was sentenced and august
1:23:11
two thousand and six to four years in prison
1:23:13
and guess how many months he served and
1:23:16
now not for years and twenty how
1:23:19
do you mean that the part where it's really a mean all
1:23:21
humor aside like this is so
1:23:23
bad i don't really use the word disgusting
1:23:25
very much because as doubt
1:23:27
that lights this is disgusting
1:23:29
like this is it's the a be
1:23:32
idea that he's exposing themselves to people
1:23:34
is something that you and i have witnessed
1:23:36
in our work for sex offenders disguise
1:23:39
the a perverse me he really oh he
1:23:41
sees a pervert but it's such
1:23:43
an ultimate power play on land
1:23:45
yeah to get to the point where you spend
1:23:48
that you can be
1:23:49
in a very high profile
1:23:52
position for literally you're
1:23:54
raised above the other people in the room
1:23:57
and you can do this and people aren't gonna
1:23:59
say anything
1:23:59
and then to just absolutely
1:24:02
disrespected disgraced the court by
1:24:04
even if it's just hurting yourself
1:24:07
the an opinion about masturbation or whatever
1:24:10
the disgrace that that shows even
1:24:12
if nobody knew about it
1:24:13
it's a new for year an ornament minutes and ultimate
1:24:16
fuck you are in i didn't they would i want
1:24:18
to do
1:24:19
thankfully he was suspended from
1:24:21
law practice and he was sanctioned by the state
1:24:23
of oklahoma
1:24:24
and he will
1:24:25
thanks and because he
1:24:28
brought discredit on
1:24:30
the judiciary and legal profession and here's
1:24:32
a case
1:24:39
but is an affront to the judicial branch
1:24:41
of government and legal profession i
1:24:43
love that quote nothing to batch be
1:24:46
to the thought of what's going on today
1:24:48
and proceedings without judges are without are
1:24:50
are he did have his pension cut off despite
1:24:52
to appeals and newspaper seem to be
1:24:54
having a pretty good time with creating headlines in
1:24:57
my line for the case so there's always like a lot
1:24:59
of the launch rondoron plans being used
1:25:01
a former here's what a former oklahoma judge
1:25:03
who served time in prison for using a penis pump
1:25:06
the presided over trials will have his hefty
1:25:08
pension yanked fergus
1:25:15
the other reporters started to have a good time with it
1:25:17
another court reporter jan doolan testified
1:25:19
that she had cleaned out thompson's office
1:25:21
following his retirement
1:25:24
quote unquote and been she finally admitted
1:25:26
to confiscating and trashing bottles
1:25:28
of hand lotion as well as precise
1:25:31
bottles of by agra and see alice
1:25:34
and for people who are
1:25:36
exhibitionists if there's
1:25:38
definitely there
1:25:39
the you know it's not always just like running
1:25:42
the somebody with the trench coat on and like shocking
1:25:44
them it's sort of these like covert
1:25:46
how can i get away with some of these behaviors
1:25:49
the maybe no one will ever know about that
1:25:51
it sounds like that's is completely escalated
1:25:53
perhaps the a bit behavioral dress
1:25:56
so maybe like what you're dying as maybe
1:25:58
his initial intense whether conscious
1:26:00
or unconscious was to
1:26:03
be somewhat overt and his
1:26:05
actions but to the extent where
1:26:07
he would pass plausible deniability
1:26:10
outright oh no i didn't mean to do that
1:26:12
oh no i'm so sorry like i didn't know all
1:26:14
right how could i possibly expose myself to
1:26:16
you but yes season as high position
1:26:18
nobody ever challenge some on it try
1:26:20
and so he just takes the hard hard
1:26:23
right in behavioral drastically
1:26:25
unlike the now i did it hard are the and
1:26:28
know that but i also feel badly
1:26:30
for you know i feel badly for everybody
1:26:32
involved including the women who
1:26:34
were basically victimized
1:26:36
by best they were exposed and
1:26:39
then this court reporter feeling that she had
1:26:41
to go and clean up as us
1:26:44
disgusting stuff got a gal can
1:26:46
you imagine if they used like one of those you the lights
1:26:49
like guy and bench would have been disgusting
1:26:52
thompson will not receive his pension
1:26:55
that he will get retirement benefits from
1:26:57
his stand as a state legislature that
1:26:59
he held from nineteen seventy four to nineteen
1:27:02
eighty years
1:27:03
benefits that won't be mad
1:27:05
the not in any not much he'll he'll he'll be suffering
1:27:08
feet live that long but what i want to wrap
1:27:10
up west indies particular examples is that
1:27:12
this ties back to the kids for cash
1:27:14
scandal because this legitimately
1:27:17
lead to a wave of appeals
1:27:19
from defendants who could now claim
1:27:22
that thompson wasn't paying attention to
1:27:24
them file presiding over there cases
1:27:26
yeah and other than than his mind
1:27:29
athena wanted out
1:27:32
it there we go we have just some to
1:27:34
a new low on elena
1:27:35
in
1:27:38
it's a big it's all in the services
1:27:41
to arouse the truth out people need to know
1:27:44
i think that's think that's honestly like
1:27:47
the for a perk up and when i hear
1:27:49
about this because it has to do
1:27:50
he proudly the sexual behavior stuff
1:27:53
yourself right now yes
1:27:56
i'm a weirdo interested weirdo interested sorted out is
1:27:58
such a good point that this
1:27:59
what what they consider deviant
1:28:02
sexual behavior and can you just
1:28:04
wrapping up thomas mine on
1:28:06
stevia
1:28:07
well as in tv and i know like
1:28:09
normal is not well defined
1:28:11
right when we look at rates of
1:28:14
types of sexual behavior the people
1:28:16
engage in there are
1:28:18
set of the rarest of the rare are the ones
1:28:20
that do with violence ones that have to do
1:28:22
with prepubescent children but
1:28:24
there's that's also that category
1:28:27
where if you're doing anything that does not involved
1:28:29
in sense with someone else
1:28:30
yeah yet
1:28:32
within yourself to than right or
1:28:34
enough on sexual activity the dot is absolutely
1:28:37
d then it's because you don't have consents
1:28:39
to expose yourself to someone so this
1:28:41
is really interesting if he'd like you were saying he follows
1:28:43
that line of what we
1:28:45
call passive exhibitionists where
1:28:48
they might put themselves in a position where
1:28:50
he can be easily explained away
1:28:52
is why they were perhaps new
1:28:54
are naked are caught in that state like
1:28:57
a enough getting a massage and then
1:28:59
be nude underneath the towel but i'm letting that
1:29:01
how
1:29:01
my boss right some some
1:29:04
exhibitionists were more passive would situations
1:29:07
like that but yeah i think
1:29:09
the only started with him he has a bench
1:29:11
covering his lap and he has a robe covering
1:29:13
his lap and he thought up i can do
1:29:16
the stuff back here and we'll
1:29:18
be best internal sexual power
1:29:20
and no one will know and than it i'm sure
1:29:23
it just escalated to using a penis
1:29:25
pump that makes a sound that people are going to hear
1:29:27
but not challenge him on as well as
1:29:29
sounds like falon exposure
1:29:31
as well tell most long
1:29:34
episode folks smart one of our oh gee
1:29:36
types of episodes of episodes
1:29:38
encourage people will be no all joking aside
1:29:41
that they're probably some things here that are challenging
1:29:43
to people in i know we're always gonna
1:29:46
respect that and hope that
1:29:48
you understand that we're struggling with
1:29:50
some of these issues to you know that it is
1:29:52
a dialectic it is holding opposites
1:29:55
and looking at the big picture and
1:29:57
challenge ourselves to see things
1:29:59
a big three dimensional paradigm
1:30:02
or four dimensional even some the
1:30:05
bear with us as he of the vast majority
1:30:07
of our listeners do with
1:30:10
the it is this episode shops
1:30:13
on the twentieth and on the twenty
1:30:15
third we will have another like
1:30:16
stream movies
1:30:24
right well known
1:30:27
july some of them they think basically
1:30:29
i [unk] halloween and christmas completely
1:30:31
and most of the most important time the years as
1:30:33
far as i'm concerned yes all
1:30:35
right well everyone will see you next time on l
1:30:37
a not so confidential
1:30:40
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1:30:51
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