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[keypad beeping]
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[phone rings]
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[newswoman] And now
to an unbelievable hoax
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that police say
many people fell victim to.
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[newsman] A caller pretending to be
a police officer was convincing enough
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to talk some managers
into sexually abusing fast food employees.
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[woman] If I didn't submit to this search,
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then I'd be
either arrested or lose my job or both.
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Couple police officers telling me
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there's a video of what happened here.
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I'd never seen anything like it
and I still haven't in 30 years.
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[man on phone] Who is this?
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[Randal] The caller, of course,
has committed the perfect crime
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because he's completely anonymous.
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[Buddy] We have a sexual predator
on the loose
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- and the phone's still ringing every day.
- [phones ringing]
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[Buddy] It was about a ten-hour drive
from Florida back to Kentucky.
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I'm thinking
I've got a guy in the back seat
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that has pulled this off for ten years
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and, hell, he got away with causing
some pretty awful crimes to be committed.
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We felt like all the evidence pointed
to him being the hoax caller. Nobody else.
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It was tense at first.
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We were just talking about stuff
in general.
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He'd been working as a corrections officer
for quite some time in Panama City.
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Before that, he delivered propane
for this propane company.
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He seemed to be the average guy
that you would see.
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An average Joe on the street.
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Even his co-workers at work
probably thought he was a nice guy.
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We talked about his family some,
and asked him how many kids he had,
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and some of that kind of chitchat.
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David Stewart was not
what I was expecting.
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I was surprised to find out
he was married and had kids.
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I figured he was a lone wolf, you know?
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Sitting in his apartment somewhere,
practicing his art.
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And you know what?
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Maybe he just told the wife
he's working overtime.
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Maybe told her he's working that night.
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- [dialing]
- [line ringing]
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[Buddy] Is he, like, two different people
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and the family don't know
the other side of him?
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I think David Stewart
probably wanted to be a police officer
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more than anything in life.
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He went to the academy.
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He was obsessed with having the power
over people, of the authoritative figure.
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I got the feeling
like he thought he was one of us.
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I think it started getting real for him
as we were getting closer to Kentucky.
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We put him in jail and now I'm thinking,
"What are you thinking, sucker?"
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"Thought you're going to get away with it.
But now your ass is sitting in a place
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650 miles from home,
and you don't know nobody."
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"How's it feel?"
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David Stewart was charged
with solicitation of sodomy.
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He might not have been
in the room when Louise was assaulted,
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but if he bought the calling card
and made the call,
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that alone is solicitation.
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He was also charged
with impersonating a peace officer.
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These are very serious felony charges
that he's looking at.
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I felt satisfaction. He's behind bars.
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No other victim
is going to fall prey to him.
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[Victor] That was a huge relief
that we have the individual
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we believed made these phone calls
in jail and awaiting trial.
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[Buddy] After we put him in jail,
some time goes by
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and then I found out
that he's got a big-dog defense attorney.
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[Steve] It was a bizarre case
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that I've never seen
anything like it in 30 years.
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David's brother called me
and asked me to take the case.
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I thought it was... Somebody was playing
a practical joke or something on me
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because these things were alleged
to have occurred over the phone.
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And if you think about it,
it would be very difficult
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to sexually assault someone
over the phone.
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My initial reaction was,
"Well, you can't do that over the phone."
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"It's not possible under the statute."
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David's bail was
a half million dollars initially.
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This is a guy who's never charged
with a crime in his life.
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Never had a speeding ticket.
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And so, a half-million-dollar bond
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was an extraordinarily high bond,
in the first place.
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The judge set the bond on a warrant.
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And I think the reason he set it
at a half a million dollars
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is because if this guy was to get out,
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and he's 600 and some miles from home,
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he might go on the run,
he might do whatever.
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He'd be a flight risk.
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[Steve] And it was important that we get
a bail that the family could post.
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Ultimately, I think
it was reduced to a $100,000.
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[Buddy] Next thing I know,
he got out on bail.
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He's out of jail and he's gone.
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I was upset with the fact
that he was walking around free,
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but I'm thinking,
"Okay, take your last walk."
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"Enjoy, buddy, because we'll meet again."
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[Javier] Today, we're gonna talk about
prank calls that take it way too far.
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In fact, these calls
are plain sadistic and cruel.
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I'm Javier Leiva, and this is Pretend.
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Stories about real people
pretending to be someone else.
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When I started looking into this,
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it was shocking that
there was even one hoax call like this.
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But then, come to find out that there were
over 100 calls just like this
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in 32 states,
and it went on for more than ten years.
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It was the Mount Washington case
with Louise Ogborn
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that caught worldwide attention.
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It was shocking to know that a hoax call
could be so sadistic and go this far.
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It is incredible how long
this guy got away with it.
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God knows how many other calls happened
that just weren't reported.
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So many victims
went through these horrible ordeals.
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It shows people weren't warned
about the dangers of the hoax caller.
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And I'll tell you, from my research...
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I traveled the United States,
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and I stopped at
different fast food restaurants.
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And I very casually asked the managers,
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"Hey, have you heard of these prank calls
that have been happening?"
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And they're like, "No, never heard
of it." It was news to them.
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Even today, people aren't aware of it,
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which just shows
how it kept happening and happening.
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Somebody had to be held accountable
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for what happened
to all these different people.
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[Deborah] So, at the time,
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I had no idea this had happened
to anyone else anywhere, at all.
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The manager, he lost his job,
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but they never officially charged him
with anything that I'm aware of.
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The Taco Bell was a franchise,
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so I decided to sue the franchise owner
as well as my manager.
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[Daniel] It was pretty clear that
they were just worried about
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a lawsuit pretty much
right out of the gate.
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They didn't care about her well-being.
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They were basically gonna make it out
that she was complicit in what happened.
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[Deborah] My attorney told me
that it very well could happen
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that they would try
to attack my character.
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[Daniel] From what I understand,
they were trying to get the notes
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from Deborah's therapy sessions
to bring those into court.
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I think it was a ploy to ensure
that Deborah wasn't going to testify.
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And if Deborah didn't testify,
there was no case.
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[Deborah] The judge
and the other attorney,
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they just sort of blamed me, in a way.
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[Daniel] The case was thrown out,
in part,
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because either Deborah
wouldn't testify or wouldn't answer
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the questions that they were asking her.
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She didn't want to recount
all of this stuff
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in front of a room full of strangers.
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I was embarrassed,
I didn't want to go through it.
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It was all too much and I was not
willing or able, probably, to do it.
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The judge said...
And I actually have it on my phone.
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He said "courts should not be used
to propagate
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a culture of victimology/entitlement
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that degrades the sense
of individual responsibility and hard work
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on which this great nation was founded."
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"The best lessons learned
are usually the most expensive."
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"At tremendous expense,
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plaintiff will hopefully have learned
to think for herself."
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Basically, "Shame on you,
hope you learn a lesson."
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Months later, they kinda just were like,
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"Oh, by the way, we found out the caller
was a prison guard in Florida."
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And that was all I knew.
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When there's no justice,
when the police don't do anything,
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the DA doesn't do anything,
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it doesn't feel or doesn't seem at all
like there's gonna be any effort
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to do anything
to dissuade this from happening again.
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And that's exactly what happened.
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It's a very flawed system
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that a very healthy percentage of people
never get any sort of justice
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and never any attempt at real justice.
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[Javier] The criminal trial
of David Stewart
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was what everybody was talking about,
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but the real villain here
is not just the prank caller.
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I mean, what they did is horrible,
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but McDonald's, in a way, are just as
complicit for allowing this to continue.
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Louise decides
she's gonna go after the Goliath.
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She's going to go after McDonald's
and she's gonna get some kind of justice.
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[newswoman] Her name, Louise Ogborn.
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The company, McDonald's.
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The two, once employee and employer,
now defendant and plaintiff.
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All Louise Ogborn wanted
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was McDonald's to acknowledge
they were culpable in this whole thing.
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She just wanted an apology
for ruining her life.
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[Buddy] This could be the first time
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anyone involved in one of these hoaxes
has managed to get to trial.
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I think Louise was a brave person.
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Now she's got to go on the witness stand
to seal the deal on this thing.
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So Louise Ogborn
hires an attorney named Ann Oldfather
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and they'd sue McDonald's for $200 million
and that's a lot of money.
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McDonald's has this searchlight of blame
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and it's going on everybody else
except the Golden Arches.
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Ann Oldfather is known
for being a fierce litigator.
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Your verdict can measure the harm
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that's been done to Louise,
in this community.
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[Andrew] This was, without a doubt,
the biggest civil case
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ever tried in Bullitt County.
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$200 million?
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I think the fact
that they even asked for that much
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tells you what this case is all about.
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All rise, please.
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00:14:04,718 --> 00:14:06,095
My name's Tom McDonald.
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00:14:06,178 --> 00:14:09,723
I served as a judge
for 25 years in Louisville, Kentucky.
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Please be seated.
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I never thought
this case would get to trial
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because the facts are so bizarre.
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There was an awful lot at stake.
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[Javier] Here you have
an 18-year-old woman,
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from a small town,
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00:14:28,784 --> 00:14:32,329
who's going up against
one of the biggest companies in the world.
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00:14:32,413 --> 00:14:33,873
My thought is that
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00:14:33,956 --> 00:14:37,251
they were gonna do everything
in their power to make her go away.
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00:14:38,836 --> 00:14:43,924
[narrator] Now, Fox News at 10:00.
Your first choice for news.
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There's a new development
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00:14:45,426 --> 00:14:47,887
in the legal fallout
from a strip search hoax
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00:14:47,970 --> 00:14:50,681
at a McDonald's restaurant
in Mount Washington.
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00:14:53,142 --> 00:14:56,937
[Andrew] One of the private detectives
hired by McDonald's
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00:14:57,021 --> 00:14:59,815
was arrested
for impersonating an officer
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00:14:59,899 --> 00:15:03,277
when he was serving a subpoena
on one of Louise's friends.
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00:15:04,278 --> 00:15:07,907
[newswoman] There are charges
that McDonald's is intimidating witnesses,
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00:15:07,990 --> 00:15:09,241
and at least one bailiff,
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00:15:09,325 --> 00:15:12,870
hired by the restaurant chain's attorneys,
has been arrested.
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00:15:14,413 --> 00:15:16,832
[Javier] You gotta wonder
if McDonald's strategy
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00:15:16,916 --> 00:15:19,627
was to victim shame Louise Ogborn.
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00:15:20,419 --> 00:15:24,089
They went after her therapy notes,
they went after her Myspace account.
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00:15:24,673 --> 00:15:29,511
And I think they wanted to pin this
on everyone but themselves.
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00:15:35,768 --> 00:15:40,689
McDonald's claimed it only had
a few documents about the prior hoaxes,
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00:15:41,398 --> 00:15:43,400
but Ann Oldfather did not believe that.
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00:15:44,860 --> 00:15:49,406
And she started researching this
and showed how many cases
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00:15:49,490 --> 00:15:51,325
there had been previously
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00:15:51,408 --> 00:15:56,538
and how McDonald's obviously knew
of this danger, years earlier.
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00:15:59,083 --> 00:16:01,418
Louise's case is basically that,
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00:16:01,502 --> 00:16:05,089
you know, McDonald's had several
of these hoax callers
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00:16:05,172 --> 00:16:08,092
and how did they tell their restaurants
about it?
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00:16:08,175 --> 00:16:11,220
Did they do enough
to warn their employees?
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00:16:11,762 --> 00:16:14,348
And their case was that,
"No, they did not."
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00:16:21,146 --> 00:16:22,856
[Andrew] Before this case got to trial,
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00:16:22,940 --> 00:16:28,862
Oldfather kept demanding documents
from McDonald's about these other hoaxes.
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00:16:31,782 --> 00:16:34,868
McDonald's acknowledged
they had settled six cases
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00:16:34,952 --> 00:16:37,121
concerning hoaxes similar to these.
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00:16:38,330 --> 00:16:40,416
They said that's all they knew.
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00:16:42,876 --> 00:16:47,256
But Ann Oldfather ultimately got an order
from the trial judge
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00:16:47,339 --> 00:16:51,677
threatening McDonald's with sanctions
unless it produced what it had.
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00:16:51,760 --> 00:16:53,554
We had an emergency hearing
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00:16:54,555 --> 00:16:58,475
and I ordered McDonald's
to turn over all of their files.
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00:17:00,978 --> 00:17:03,313
[Javier] Forty-eight hours
before the trial started,
235
00:17:03,397 --> 00:17:08,193
McDonald's delivered her
boxes and boxes full of information,
236
00:17:08,277 --> 00:17:10,154
with no time to review it.
237
00:17:11,405 --> 00:17:14,116
[newsman] Louise Ogborn's lawyer
has pages, folders,
238
00:17:14,199 --> 00:17:15,617
and boxes of paperwork
239
00:17:15,701 --> 00:17:20,164
that show McDonald's office knew
of more than two dozen strip searches
240
00:17:20,247 --> 00:17:22,207
at its restaurants across the country.
241
00:17:22,791 --> 00:17:27,296
[Ann] Sixteen boxes of material
242
00:17:27,379 --> 00:17:29,465
from McDonald's attorneys,
243
00:17:29,965 --> 00:17:33,510
that we haven't even had time
to go through.
244
00:17:36,930 --> 00:17:39,725
[Andrew] At one point,
McDonald's was implying
245
00:17:39,808 --> 00:17:42,561
that Louise was in on the hoax
246
00:17:42,644 --> 00:17:46,398
and that she was just trying
to get money from the company.
247
00:17:48,275 --> 00:17:49,818
Come right on over there, sir.
248
00:17:50,569 --> 00:17:52,821
McDonald's got the maintenance guy,
249
00:17:52,905 --> 00:17:57,367
the guy who ended the call,
the hero who saved the day.
250
00:17:57,451 --> 00:17:59,870
They put him up on the stand in court.
251
00:17:59,953 --> 00:18:04,500
[Patterson] Now, Tom, were you
at the store the following date?
252
00:18:05,751 --> 00:18:06,794
[Tom] Yes.
253
00:18:08,170 --> 00:18:11,715
[Javier] McDonald's made
a pretty interesting, compelling case
254
00:18:11,799 --> 00:18:16,053
that maybe Louise Ogborn
was going after the money from day one.
255
00:18:16,136 --> 00:18:19,515
She said she was gonna
get a big check or some money and...
256
00:18:19,598 --> 00:18:21,725
- [Patterson] Louise said that?
- [Tom] Yeah.
257
00:18:23,852 --> 00:18:26,897
Ann Oldfather was able to poke holes
in that testimony,
258
00:18:26,980 --> 00:18:28,148
but at the end of the day,
259
00:18:28,232 --> 00:18:30,651
you really don't know
what the jury's thinking.
260
00:18:38,033 --> 00:18:39,952
[man] When Louise came out publicly,
261
00:18:40,828 --> 00:18:45,165
it really showed, you know,
it's not a victimless crime anymore.
262
00:18:45,666 --> 00:18:47,209
This could be my daughter.
263
00:18:49,711 --> 00:18:52,756
- Would you like to call your next witness?
- [Ann] Yes, Your Honor.
264
00:18:53,382 --> 00:18:54,967
We call Louise Ogborn.
265
00:18:58,178 --> 00:19:00,681
[Tom] There was a pre-trial motion
266
00:19:00,764 --> 00:19:06,520
to allow the jury to view
the actual videotape of the assault
267
00:19:06,603 --> 00:19:08,021
in its entirety.
268
00:19:13,152 --> 00:19:15,696
It was a brutal three hours.
269
00:19:16,613 --> 00:19:18,532
It was hard for me to watch.
270
00:19:20,868 --> 00:19:23,954
There was absolute silence
in the courtroom.
271
00:19:26,331 --> 00:19:30,961
The only thing you could hear
was some of the jurors crying.
272
00:19:32,629 --> 00:19:35,632
You could have heard a pin drop
other than for that.
273
00:19:38,802 --> 00:19:41,638
So what happened
when you got back to the office?
274
00:19:42,306 --> 00:19:44,558
[Louise] She kind of motioned me in.
275
00:19:45,684 --> 00:19:47,853
- [Ann] And you went inside?
- Yes.
276
00:19:47,936 --> 00:19:49,313
[Ann] And then what happened?
277
00:19:49,396 --> 00:19:51,857
[Louise] She told me
I had been accused of stealing
278
00:19:51,940 --> 00:19:54,443
some money from a customers' purse.
279
00:19:54,943 --> 00:19:57,863
I said it couldn't be me,
I wouldn't do anything like that.
280
00:19:57,946 --> 00:19:59,406
And you should know that.
281
00:20:00,490 --> 00:20:02,701
So how did that make you feel?
282
00:20:04,119 --> 00:20:06,079
One word I can think of is "devastated."
283
00:20:09,291 --> 00:20:14,087
Tell us, Louise, whether you have
any fears that come back to you.
284
00:20:15,047 --> 00:20:19,635
I'd have dreams somebody was attacking me
and I couldn't tell you who it was.
285
00:20:20,510 --> 00:20:22,846
I would avoid going to sleep at night.
286
00:20:23,722 --> 00:20:26,516
I can't breathe.
I feel like I'm hyperventilating.
287
00:20:27,643 --> 00:20:30,229
My chest starts to hurt. My arm goes numb.
288
00:20:32,439 --> 00:20:35,817
Let's not forget
that Louise is a victim of sexual assault.
289
00:20:36,902 --> 00:20:42,074
How could you not sympathize with her?
I mean, it was humiliating.
290
00:20:42,157 --> 00:20:46,745
Four employees saw her
at her most vulnerable moment,
291
00:20:46,828 --> 00:20:48,789
where she was sitting there, naked.
292
00:20:58,173 --> 00:21:01,843
[Louise] I was doing
what I had to do to survive.
293
00:21:03,971 --> 00:21:06,431
I didn't know
if this was my last day on Earth.
294
00:21:07,474 --> 00:21:09,810
I didn't know if I'd make it through.
295
00:21:11,520 --> 00:21:13,772
She has been through so much trauma,
296
00:21:13,855 --> 00:21:16,817
she will never get part of her life back.
297
00:21:16,900 --> 00:21:18,443
That will always be out there.
298
00:21:22,823 --> 00:21:27,077
[Patterson] Did you think to tell Donna
what her fiancé was doing to you?
299
00:21:28,328 --> 00:21:29,955
[Louise] He was still in the room.
300
00:21:30,038 --> 00:21:32,916
I was scared what he might do
to me and her if I did.
301
00:21:33,000 --> 00:21:34,793
He'd already hit me, beat me.
302
00:21:34,876 --> 00:21:37,087
There's no telling what he could've done
303
00:21:37,170 --> 00:21:39,631
if I stood up for myself
and tried to get help.
304
00:21:46,513 --> 00:21:50,225
Louise Ogborn and her attorney
are claiming false imprisonment,
305
00:21:50,309 --> 00:21:52,728
but McDonald's says, "That's not true."
306
00:21:52,811 --> 00:21:56,732
"Nobody physically restrained her.
She could've left any time."
307
00:21:58,442 --> 00:22:01,570
[Patterson] The tape shows
that you were left alone
308
00:22:01,653 --> 00:22:04,906
there in the office,
for almost ten minutes.
309
00:22:04,990 --> 00:22:07,534
Did you ever go over and try the door?
310
00:22:07,617 --> 00:22:10,454
- No. Because I thought I couldn't get out.
- [Patterson] I'm sorry?
311
00:22:10,537 --> 00:22:12,873
[voice breaking] I thought
I couldn't get out.
312
00:22:16,168 --> 00:22:20,797
[Andrew] I think McDonald's suggestion
that she should've walked out of the room
313
00:22:20,881 --> 00:22:24,092
was perhaps a strategic error,
314
00:22:24,801 --> 00:22:29,973
to say that a young woman who had been
deprived of her clothes and her car keys
315
00:22:30,057 --> 00:22:33,101
could have
and should have put a stop to it
316
00:22:33,185 --> 00:22:36,396
when their own
adult employee supervisors didn't.
317
00:22:37,064 --> 00:22:39,941
How could McDonald's
ever have anticipated
318
00:22:40,859 --> 00:22:45,614
that on April 9, of '04, this guy
was going to call Mount Washington?
319
00:22:47,824 --> 00:22:50,827
[Javier] If McDonald's really knew
what was going on,
320
00:22:50,911 --> 00:22:53,830
then they should've prepared
their employees better.
321
00:22:54,873 --> 00:22:58,043
There was a problem here
and they clearly did not get the word out
322
00:22:58,126 --> 00:23:00,545
because it kept happening and happening.
323
00:23:03,048 --> 00:23:06,760
[newsman] McDonald's has taken
no responsibility for the strip search
324
00:23:06,843 --> 00:23:09,846
that led to Louise Ogborn's
monster lawsuit against them.
325
00:23:09,930 --> 00:23:14,643
And the blaming of everyone else continued
throughout their closing arguments.
326
00:23:15,852 --> 00:23:18,855
It's not too much to expect an employee
327
00:23:18,939 --> 00:23:22,859
to distinguish between right and wrong
and use their common sense.
328
00:23:22,943 --> 00:23:27,739
McDonald's tried to pin this thing
on Louise Ogborn, on Donna Summers,
329
00:23:27,823 --> 00:23:32,702
when, in reality, it was them
who did not warn their employees.
330
00:23:33,995 --> 00:23:37,999
[Connie] In this case,
you see how many restaurants
331
00:23:38,083 --> 00:23:41,169
where this had happened
and how many of them were McDonald's.
332
00:23:42,045 --> 00:23:44,714
And that really kind of hits home.
333
00:23:45,841 --> 00:23:49,386
[newsman] Armed with their opinions
and a list of instructions,
334
00:23:49,469 --> 00:23:52,806
jurors are deciding
if they should take a financial bite
335
00:23:52,889 --> 00:23:55,225
out of the largest fast-food chain
in the world
336
00:23:55,308 --> 00:23:59,229
and give it to former Mount Washington
restaurant crew member, Louise Ogborn.
337
00:24:11,241 --> 00:24:13,535
[Tom] The jury comes back
into the courtroom.
338
00:24:22,002 --> 00:24:24,462
The foreperson of the jury
hands their verdict
339
00:24:24,546 --> 00:24:27,007
to the sheriff, and hands it to me.
340
00:24:28,508 --> 00:24:30,886
This was going to be the largest verdict
341
00:24:31,386 --> 00:24:33,638
in the history
of Bullitt County, Kentucky.
342
00:24:38,852 --> 00:24:43,064
"We the jury find for Louise Ogborn
under instruction number nine,
343
00:24:43,148 --> 00:24:46,568
and award her punitive damages
against McDonald's Corporation."
344
00:24:50,822 --> 00:24:53,909
Some serious cash is on the way
in another high profile civil suit.
345
00:24:53,992 --> 00:24:57,704
Louise Ogborn was the McDonald's employee
who was forced to strip
346
00:24:57,787 --> 00:25:02,167
after someone called the Mount Washington
restaurant, posing as a police officer.
347
00:25:03,376 --> 00:25:05,462
[newswoman]
Louise Ogborn was awarded
348
00:25:05,545 --> 00:25:09,299
more than $6 million
in a lawsuit against McDonald's
349
00:25:09,382 --> 00:25:11,092
and others involved in the case.
350
00:25:11,593 --> 00:25:13,970
Louise has stood up
for what happened to her
351
00:25:14,054 --> 00:25:17,140
and what McDonald's failed to do
for three and a half years
352
00:25:17,224 --> 00:25:20,352
and this jury
just vindicated her completely.
353
00:25:20,435 --> 00:25:22,771
And we are so proud.
354
00:25:23,688 --> 00:25:27,234
I don't really know what to say.
I can't talk about it right now.
355
00:25:29,527 --> 00:25:33,448
[reporter] It wasn't the super-sized award
Ogborn's legal team was after,
356
00:25:33,531 --> 00:25:37,577
but they're happy with the money
and the message it sends McDonald's.
357
00:25:41,206 --> 00:25:43,458
[Buddy] The jury,
I think they got it right.
358
00:25:44,251 --> 00:25:46,670
She deserved that and I felt like that...
359
00:25:47,879 --> 00:25:52,050
Okay, McDonald's knew this was going on
for ten years and didn't seem to stop it
360
00:25:52,133 --> 00:25:53,802
and get the word out to stop it.
361
00:25:53,885 --> 00:25:56,054
They get slapped with a $6 million bill,
362
00:25:56,137 --> 00:25:58,306
maybe they'll think
about changing training.
363
00:26:00,225 --> 00:26:03,812
[Victor] McDonald's is responsible
for not protecting their employees.
364
00:26:03,895 --> 00:26:05,230
That's the number one thing.
365
00:26:05,313 --> 00:26:08,650
If they did it to protect
their bottom line and not their employees
366
00:26:09,693 --> 00:26:11,569
they're absolutely the villain in this.
367
00:26:14,698 --> 00:26:16,199
[Tom] It was astounding,
368
00:26:16,283 --> 00:26:20,662
the fact that McDonald's
had been aware of this occurring
369
00:26:20,745 --> 00:26:22,289
at many of its restaurants
370
00:26:22,956 --> 00:26:26,543
and the remedy would have been very simple
371
00:26:26,626 --> 00:26:33,591
and I believe this was Miss Oldfather's...
One of her major arguments to the jury.
372
00:26:34,092 --> 00:26:39,389
It would have been simple for McDonald's
to simply notify each of the stores.
373
00:26:40,932 --> 00:26:42,434
Put up a thing by the telephone.
374
00:26:42,517 --> 00:26:45,103
Put up a sign that said
"There's a hoax caller."
375
00:26:45,186 --> 00:26:49,024
"If this occurs,
don't do anything, it's a hoax."
376
00:26:49,107 --> 00:26:51,860
But they did not warn their employees.
377
00:26:51,943 --> 00:26:54,946
[woman] Do you think
McDonald's tried to cover this up?
378
00:26:56,239 --> 00:26:57,991
I'm not gonna comment on that.
379
00:27:07,042 --> 00:27:09,669
I think what was shocking
about the civil trial
380
00:27:09,753 --> 00:27:14,674
was the details of how many
fast food joints were involved.
381
00:27:15,216 --> 00:27:21,056
And how many settlements had happened
that people didn't know about.
382
00:27:22,390 --> 00:27:24,601
You know, it's not just McDonald's.
383
00:27:24,684 --> 00:27:27,937
It almost seemed like
there was an effort to keep it quiet.
384
00:27:28,021 --> 00:27:30,732
Whether that happened or not,
we don't know,
385
00:27:30,815 --> 00:27:33,485
but there was a feeling
that's what was happening.
386
00:27:37,364 --> 00:27:39,532
We probably all individually
had the feeling
387
00:27:39,616 --> 00:27:42,660
that this was only us
and felt stupid and dumb about it.
388
00:27:42,744 --> 00:27:46,873
So you could probably interview
99 of those 100 women
389
00:27:46,956 --> 00:27:50,502
and they would feel singularly
responsible and foolish.
390
00:27:50,585 --> 00:27:57,384
Just knowing that there are more people
than just myself, that helps a lot.
391
00:27:57,467 --> 00:28:02,305
It wasn't just that they weren't
stepping up and informing people
392
00:28:02,389 --> 00:28:07,352
or providing better training or even
some kind of a warning or acknowledgement.
393
00:28:07,435 --> 00:28:10,688
And the question is
whether they were actively hiding it.
394
00:28:11,815 --> 00:28:13,233
It wasn't just about them.
395
00:28:14,317 --> 00:28:18,780
At the end of the day, the hoax caller
needs to pay for his actions.
396
00:28:20,198 --> 00:28:22,742
[Connie] People were
humiliated everywhere.
397
00:28:23,576 --> 00:28:25,703
They believed that David Stewart
was connected
398
00:28:25,787 --> 00:28:27,997
to all these cases, these fast food cases.
399
00:28:28,081 --> 00:28:31,126
Whether he was or not,
his name was linked to them all.
400
00:28:33,420 --> 00:28:36,464
[Buddy] David Stewart went back to Florida
on a lowered bond
401
00:28:36,548 --> 00:28:40,885
and that's where he remained
until they had a trial date set.
402
00:28:43,304 --> 00:28:47,142
While Stewart's out
and enjoying being back with his family,
403
00:28:48,435 --> 00:28:51,646
I'm trying make sure
I got the i's dotted, the t's crossed.
404
00:28:52,355 --> 00:28:55,942
I'm thinking, "Okay. You will take
your last walk into the courthouse,
405
00:28:56,025 --> 00:28:59,237
and right on over to corrections,
that'll be the end of it."
406
00:29:03,491 --> 00:29:06,661
[Connie] The criminal trial starts
in October of 2006
407
00:29:06,745 --> 00:29:09,581
and it's a huge deal in Bullitt County.
408
00:29:09,664 --> 00:29:12,375
You've got news crews
from all over the country
409
00:29:12,459 --> 00:29:15,044
following this story of a young woman
410
00:29:15,128 --> 00:29:19,048
who was sexually assaulted inside
a McDonald's because of a hoax caller.
411
00:29:20,008 --> 00:29:22,844
[newswoman] Prosecutors said
they traced prepaid phone cards,
412
00:29:22,927 --> 00:29:25,680
allegedly used in the hoax,
to David Stewart,
413
00:29:25,764 --> 00:29:28,141
a former Florida prison guard.
414
00:29:28,641 --> 00:29:31,728
Everybody wanted to know
about David Stewart.
415
00:29:34,105 --> 00:29:37,317
Where did he live? Was he married?
Did he have children?
416
00:29:38,443 --> 00:29:41,613
He was a husband and a father of five.
417
00:29:42,822 --> 00:29:44,491
And they couldn't find anybody to say
418
00:29:44,574 --> 00:29:46,743
anything bad about him
around his community.
419
00:29:46,826 --> 00:29:48,411
People liked him.
420
00:29:49,788 --> 00:29:52,165
[Elizabeth] He made the call, or calls.
421
00:29:52,248 --> 00:29:55,460
I absolutely feel
that he needs to be made to pay for this.
422
00:29:56,169 --> 00:30:00,507
I was all stirred up and like,
"Give 'em hell" kind of attitude
423
00:30:00,590 --> 00:30:04,052
because to me, I was so personally wronged
and it was awful.
424
00:30:07,138 --> 00:30:09,974
[Buddy] This was the biggest case
that I'd had.
425
00:30:11,851 --> 00:30:15,730
The night before the trial, I'm thinking,
"All right, the day is finally here,
426
00:30:16,981 --> 00:30:20,443
and hopefully, everything goes right."
427
00:30:21,236 --> 00:30:24,531
I think I've got an airtight,
air-sealed case.
428
00:30:27,033 --> 00:30:31,204
At this point, I did my job,
we have a great case.
429
00:30:31,287 --> 00:30:36,209
We have now submitted it to the lawyers
in the trial courts of Mount Washington,
430
00:30:36,292 --> 00:30:39,045
and it's now up to them
to prosecute this case.
431
00:30:45,468 --> 00:30:49,055
[Buddy] Romines walked in,
putting on the show that attorneys do.
432
00:30:52,183 --> 00:30:54,978
I'm thinking, "Romines can blow
all the smoke he wants."
433
00:30:55,061 --> 00:31:00,191
"He can't blow this up," because every
police officer that I talked to said,
434
00:31:00,275 --> 00:31:02,735
"You got the best case in the nation."
435
00:31:03,403 --> 00:31:07,532
There are so many things
that just seemed very inconsistent
436
00:31:07,615 --> 00:31:11,870
with the portrayal the police
and prosecution was trying to make.
437
00:31:11,953 --> 00:31:16,416
It was very important to me to make sure
we followed all the way through
438
00:31:16,958 --> 00:31:19,294
and that he was found guilty.
439
00:31:20,879 --> 00:31:23,840
The police think every case is a slam dunk
440
00:31:23,923 --> 00:31:28,678
which is why the police's version
is what's put out to the media.
441
00:31:29,804 --> 00:31:35,393
As we've learned over the last two years,
with social justice protests
442
00:31:35,476 --> 00:31:39,939
and George Floyd, Breonna Taylor,
and cell phone cameras,
443
00:31:40,023 --> 00:31:45,695
the police's version of what happened
is almost never what actually happened.
444
00:31:47,113 --> 00:31:50,742
[Victor] We have David Stewart
in line, purchasing a calling card.
445
00:31:52,076 --> 00:31:56,873
We have David Stewart
entering the Walmart on the day
446
00:31:56,956 --> 00:32:02,837
the Massachusetts cards are purchased,
wearing CCA security-type uniform.
447
00:32:03,671 --> 00:32:07,634
We have David Stewart identified
from these photos
448
00:32:07,717 --> 00:32:11,012
from the warden
at his jail where he worked.
449
00:32:12,388 --> 00:32:16,142
If that's not enough evidence
to convict somebody, I don't know what is.
450
00:32:20,271 --> 00:32:24,943
[Steve] The Walmart video was really
kind of portrayed as the bombshell
451
00:32:25,026 --> 00:32:27,904
or the irrefutable evidence of his guilt.
452
00:32:30,782 --> 00:32:33,701
Could it be David Stewart?
Sure, it could be David Stewart.
453
00:32:33,785 --> 00:32:36,454
But beyond a reasonable doubt
is it David Stewart?
454
00:32:38,373 --> 00:32:41,918
That's bullcrap. You can still look
at Stewart and tell that's still Stewart.
455
00:32:43,628 --> 00:32:48,925
[Victor] It's him. There's no question
about it. Perfect match.
456
00:32:49,676 --> 00:32:55,014
But even with that, the rest
of the evidence was so inconsistent.
457
00:32:57,141 --> 00:33:01,562
That, to me, was not even close
to sufficient evidence in the case.
458
00:33:03,398 --> 00:33:05,525
[Buddy] We went through his work schedule.
459
00:33:06,109 --> 00:33:08,319
Every time a call was made
that we could track,
460
00:33:08,403 --> 00:33:12,573
we could show that he was not at work,
he was available to make this call.
461
00:33:14,784 --> 00:33:19,789
And he was very familiar with the area
where some of these calls were made from.
462
00:33:20,957 --> 00:33:24,711
One that was nearby, a payphone
where he used to deliver gas.
463
00:33:26,170 --> 00:33:30,341
There were some of those calls
that David Stewart had an alibi
464
00:33:31,009 --> 00:33:33,219
that they could not refute.
465
00:33:33,302 --> 00:33:37,432
His wife testified
that they had a set schedule
466
00:33:37,515 --> 00:33:41,811
and when she worked,
he was to pick up the kids.
467
00:33:43,229 --> 00:33:47,233
Our investigation uncovered
that Stewart did not make them.
468
00:33:48,860 --> 00:33:53,614
[Buddy] We had a guy driving all over,
he might make a call from this payphone
469
00:33:53,698 --> 00:33:56,909
and later, he might make
a call from another payphone.
470
00:33:56,993 --> 00:34:02,040
The caller is using calling cards,
he thinks nobody can track him down.
471
00:34:04,000 --> 00:34:07,336
[Victor] He happened to be in the store
when the calling card was purchased.
472
00:34:07,420 --> 00:34:09,005
We had a near confession.
473
00:34:09,589 --> 00:34:12,508
We're this close from him admitting this.
474
00:34:12,592 --> 00:34:15,136
He goes, "Thank God, it's over."
475
00:34:16,596 --> 00:34:18,639
That was it. Didn't say another word.
476
00:34:20,767 --> 00:34:23,269
Plead the fifth. Done.
477
00:34:27,940 --> 00:34:31,360
When the police interrogate you
for a period of time
478
00:34:31,444 --> 00:34:34,363
and you never admit to committing a crime
479
00:34:34,447 --> 00:34:37,950
and then finally,
they're done questioning you,
480
00:34:38,034 --> 00:34:39,994
and you say, "Thank God, this is over"?
481
00:34:40,078 --> 00:34:42,955
That has more to do
with police interrogating you
482
00:34:43,039 --> 00:34:46,542
than it does, you know,
a confession to a crime.
483
00:34:47,043 --> 00:34:50,463
All I'm thinking,
"If not David Stewart, who is it?"
484
00:34:50,546 --> 00:34:53,716
Because the facts are there,
the evidence is there.
485
00:34:56,719 --> 00:34:59,347
[Steve] Part of the prosecution's case
486
00:34:59,430 --> 00:35:04,602
was that David
is this Svengali mastermind conman,
487
00:35:04,685 --> 00:35:07,939
who can convince people
to do things over the telephone
488
00:35:08,022 --> 00:35:10,733
that they wouldn't ordinarily do.
489
00:35:13,402 --> 00:35:20,159
It's wholly inconsistent with the person
David Stewart had been his entire life.
490
00:35:24,997 --> 00:35:28,376
His lawyer painted that story
that he was a family man,
491
00:35:28,459 --> 00:35:32,004
a good hard-working guy,
had a police officer as a brother,
492
00:35:32,088 --> 00:35:35,800
and really did a good job
in telling the jury
493
00:35:35,883 --> 00:35:38,177
that David Stewart is not the guy.
494
00:35:44,809 --> 00:35:47,979
[Buddy] The jury came back
after only two hours of being out.
495
00:35:50,857 --> 00:35:52,692
I didn't really know what to think.
496
00:35:54,318 --> 00:35:56,988
[Steve] David Stewart
was facing ten to 20 years.
497
00:35:58,990 --> 00:36:02,118
The judge asked if they've reached
a verdict, and they say yes.
498
00:36:03,953 --> 00:36:06,330
Kinda sucks the air out of the room.
499
00:36:09,417 --> 00:36:12,086
[man] We, the jury,
find the defendant not guilty
500
00:36:12,170 --> 00:36:15,173
of solicitation to commit
first degree sexual abuse.
501
00:36:27,894 --> 00:36:32,064
There has been an unbelievable end
to an unbelievable Florida story
502
00:36:32,148 --> 00:36:34,901
involving what amounted
to a long-distance rape.
503
00:36:38,821 --> 00:36:43,201
It was like being hit with a two-by-four.
My heart just sank down in my gut.
504
00:36:45,369 --> 00:36:46,871
I just went...
505
00:36:48,247 --> 00:36:51,000
I'm numb! I'm like, "What the fuck?"
506
00:36:55,588 --> 00:36:58,966
This was the only time
that I can remember in my career
507
00:36:59,050 --> 00:37:03,221
that I got a not guilty verdict,
there's nothing I can do to change it.
508
00:37:07,099 --> 00:37:10,811
[Connie] People were just stunned.
The case was not won.
509
00:37:11,604 --> 00:37:14,398
There wasn't enough proof,
there wasn't enough evidence
510
00:37:14,482 --> 00:37:16,984
for a jury to believe
that it was David Stewart.
511
00:37:20,571 --> 00:37:24,825
[Steve] The issue in this case
was they didn't have anything
512
00:37:24,909 --> 00:37:30,456
that is indicative or proof
of David Stewart making the call.
513
00:37:30,539 --> 00:37:32,541
Maybe I could've done better
interviewing him.
514
00:37:33,626 --> 00:37:35,711
Maybe we should have not interviewed him,
515
00:37:35,795 --> 00:37:38,673
hoped he didn't know we were there
and put him under surveillance.
516
00:37:39,757 --> 00:37:42,260
In my view,
we didn't arrest the wrong guy.
517
00:37:42,343 --> 00:37:45,221
We thought we arrested the right guy.
518
00:37:45,304 --> 00:37:49,183
He was brought to trial, found not guilty.
That's the process.
519
00:37:52,520 --> 00:37:54,814
[Steve] Do I think
David Stewart's innocent?
520
00:37:54,897 --> 00:37:56,941
Yeah, I think David Stewart's innocent.
521
00:37:57,024 --> 00:37:59,402
There's obviously
a difference under the law
522
00:37:59,485 --> 00:38:03,322
in not guilty and innocent, okay?
523
00:38:03,406 --> 00:38:05,574
I know for a fact, he's not guilty.
524
00:38:10,162 --> 00:38:14,417
[Buddy] We presented the best
possible case that could be presented
525
00:38:14,500 --> 00:38:17,545
to bring justice for Louise
and the other victims.
526
00:38:19,255 --> 00:38:21,757
Could I have arrested the wrong guy?
I don't think so.
527
00:38:22,925 --> 00:38:26,220
I mean, nobody dropped
those calling cards in his room.
528
00:38:27,972 --> 00:38:31,392
There are questions that've never
been asked that need to be asked.
529
00:38:31,475 --> 00:38:34,895
The only thing I knew was,
my client didn't do it, a jury agreed.
530
00:38:43,154 --> 00:38:45,406
[Buddy] To my knowledge, still today,
531
00:38:45,489 --> 00:38:50,828
I've not been made aware of this
exact crime still ever happening again.
532
00:38:52,538 --> 00:38:56,917
[Connie] What's really hard to believe
is that only eight people were charged
533
00:38:57,001 --> 00:38:59,879
and they were managers at the restaurants,
not the caller.
534
00:39:00,713 --> 00:39:04,633
But there were hundreds of calls
and people wonder,
535
00:39:04,717 --> 00:39:08,512
"What happened here?
Were all the cases not investigated?"
536
00:39:08,596 --> 00:39:10,389
"Were people afraid to report it?"
537
00:39:12,892 --> 00:39:16,479
[Victor] Since 2004,
these hoax calls have stopped.
538
00:39:18,689 --> 00:39:21,901
Justice wasn't served to the caller.
539
00:39:24,570 --> 00:39:30,326
Whoever made those calls
is a disturbed individual.
540
00:39:32,995 --> 00:39:33,996
Who is it?
541
00:39:38,584 --> 00:39:43,547
This individual, this hoax caller
is an evil sex predator,
542
00:39:43,631 --> 00:39:45,341
dangerous to society.
543
00:39:48,135 --> 00:39:49,762
The calls stopped for now...
544
00:39:52,264 --> 00:39:54,100
[line ringing]
545
00:39:54,183 --> 00:39:56,352
...but have they stopped for good?