1 00:00:18,853 --> 00:00:20,730 And now to an unbelievable hoax 2 00:00:20,813 --> 00:00:23,191 that police say many people fell victim to. 3 00:00:23,649 --> 00:00:27,111 A caller pretending to be a police officer was convincing enough 4 00:00:27,195 --> 00:00:31,407 to talk some managers into sexually abusing fast food employees. 5 00:00:32,158 --> 00:00:34,160 If I didn't submit to this search, 6 00:00:34,243 --> 00:00:37,163 then I'd be either arrested or lose my job or both. 7 00:00:37,246 --> 00:00:38,956 Couple police officers telling me 8 00:00:39,040 --> 00:00:41,918 there's a video of what happened here. 9 00:00:49,008 --> 00:00:52,678 I'd never seen anything like it and I still haven't in 30 years. 10 00:00:54,305 --> 00:00:55,681 Who is this? 11 00:00:56,682 --> 00:00:59,602 The caller, of course, has committed the perfect crime 12 00:00:59,685 --> 00:01:01,979 because he's completely anonymous. 13 00:01:02,980 --> 00:01:05,024 We have a sexual predator on the loose 14 00:01:05,108 --> 00:01:08,027 -and the phone's still ringing every day. 15 00:01:22,542 --> 00:01:26,712 It was about a ten-hour drive from Florida back to Kentucky. 16 00:01:29,465 --> 00:01:31,801 I'm thinking I've got a guy in the back seat 17 00:01:31,884 --> 00:01:34,595 that has pulled this off for ten years 18 00:01:34,679 --> 00:01:38,933 and, hell, he got away with causing some pretty awful crimes to be committed. 19 00:01:41,978 --> 00:01:47,149 We felt like all the evidence pointed to him being the hoax caller. Nobody else. 20 00:01:51,571 --> 00:01:53,322 It was tense at first. 21 00:01:54,031 --> 00:01:56,242 We were just talking about stuff in general. 22 00:01:57,618 --> 00:02:02,081 He'd been working as a corrections officer for quite some time in Panama City. 23 00:02:02,165 --> 00:02:06,294 Before that, he delivered propane for this propane company. 24 00:02:06,919 --> 00:02:09,672 He seemed to be the average guy that you would see. 25 00:02:09,755 --> 00:02:10,965 An average Joe on the street. 26 00:02:11,799 --> 00:02:15,845 Even his co-workers at work probably thought he was a nice guy. 27 00:02:16,679 --> 00:02:20,975 We talked about his family some, and asked him how many kids he had, 28 00:02:21,058 --> 00:02:23,060 and some of that kind of chitchat. 29 00:02:24,604 --> 00:02:27,481 David Stewart was not what I was expecting. 30 00:02:28,274 --> 00:02:31,444 I was surprised to find out he was married and had kids. 31 00:02:31,527 --> 00:02:34,322 I figured he was a lone wolf, you know? 32 00:02:34,405 --> 00:02:37,533 Sitting in his apartment somewhere, practicing his art. 33 00:02:38,451 --> 00:02:39,785 And you know what? 34 00:02:39,869 --> 00:02:41,913 Maybe he just told the wife he's working overtime. 35 00:02:41,996 --> 00:02:44,832 Maybe told her he's working that night. 36 00:02:47,501 --> 00:02:49,295 Is he, like, two different people 37 00:02:49,378 --> 00:02:51,756 and the family don't know the other side of him? 38 00:02:54,550 --> 00:02:57,011 I think David Stewart probably wanted to be a police officer 39 00:02:57,094 --> 00:02:58,512 more than anything in life. 40 00:02:58,596 --> 00:03:00,598 He went to the academy. 41 00:03:01,349 --> 00:03:07,229 He was obsessed with having the power over people, of the authoritative figure. 42 00:03:07,313 --> 00:03:10,983 I got the feeling like he thought he was one of us. 43 00:03:16,572 --> 00:03:21,911 I think it started getting real for him as we were getting closer to Kentucky. 44 00:03:29,418 --> 00:03:33,047 We put him in jail and now I'm thinking, "What are you thinking, sucker?" 45 00:03:33,923 --> 00:03:38,177 "Thought you're going to get away with it. But now your ass is sitting in a place 46 00:03:38,261 --> 00:03:40,263 650 miles from home, and you don't know nobody." 47 00:03:40,346 --> 00:03:41,305 "How's it feel?" 48 00:03:45,559 --> 00:03:48,229 David Stewart was charged with solicitation of sodomy. 49 00:03:49,272 --> 00:03:52,316 He might not have been in the room when Louise was assaulted, 50 00:03:52,400 --> 00:03:55,027 but if he bought the calling card and made the call, 51 00:03:55,111 --> 00:03:56,946 that alone is solicitation. 52 00:03:58,739 --> 00:04:01,659 He was also charged with impersonating a peace officer. 53 00:04:03,452 --> 00:04:06,580 These are very serious felony charges that he's looking at. 54 00:04:10,751 --> 00:04:13,754 I felt satisfaction. He's behind bars. 55 00:04:15,756 --> 00:04:18,676 No other victim is going to fall prey to him. 56 00:04:20,636 --> 00:04:25,016 That was a huge relief that we have the individual 57 00:04:25,099 --> 00:04:30,354 we believed made these phone calls in jail and awaiting trial. 58 00:04:33,899 --> 00:04:36,610 After we put him in jail, some time goes by 59 00:04:36,694 --> 00:04:40,823 and then I found out that he's got a big-dog defense attorney. 60 00:04:45,786 --> 00:04:47,538 It was a bizarre case 61 00:04:47,621 --> 00:04:51,000 that I've never seen anything like it in 30 years. 62 00:04:52,251 --> 00:04:55,629 David's brother called me and asked me to take the case. 63 00:04:56,464 --> 00:04:59,759 I thought it was… Somebody was playing a practical joke or something on me 64 00:04:59,842 --> 00:05:03,637 because these things were alleged to have occurred over the phone. 65 00:05:03,721 --> 00:05:07,558 And if you think about it, it would be very difficult 66 00:05:08,309 --> 00:05:10,895 to sexually assault someone over the phone. 67 00:05:13,981 --> 00:05:17,360 My initial reaction was, "Well, you can't do that over the phone." 68 00:05:19,028 --> 00:05:21,072 "It's not possible under the statute." 69 00:05:23,324 --> 00:05:26,327 David's bail was a half million dollars initially. 70 00:05:27,620 --> 00:05:31,332 This is a guy who's never charged with a crime in his life. 71 00:05:31,415 --> 00:05:32,833 Never had a speeding ticket. 72 00:05:34,710 --> 00:05:37,630 And so, a half-million-dollar bond 73 00:05:37,713 --> 00:05:40,966 was an extraordinarily high bond, in the first place. 74 00:05:44,553 --> 00:05:46,597 The judge set the bond on a warrant. 75 00:05:46,680 --> 00:05:50,059 And I think the reason he set it at a half a million dollars 76 00:05:50,142 --> 00:05:53,979 is because if this guy was to get out, 77 00:05:54,063 --> 00:05:57,066 and he's 600 and some miles from home, 78 00:05:57,149 --> 00:05:59,443 he might go on the run, he might do whatever. 79 00:05:59,944 --> 00:06:01,445 He'd be a flight risk. 80 00:06:02,988 --> 00:06:06,534 And it was important that we get a bail that the family could post. 81 00:06:07,368 --> 00:06:09,995 Ultimately, I think it was reduced to a $100,000. 82 00:06:11,413 --> 00:06:13,624 Next thing I know, he got out on bail. 83 00:06:13,707 --> 00:06:15,918 He's out of jail and he's gone. 84 00:06:22,133 --> 00:06:25,803 I was upset with the fact that he was walking around free, 85 00:06:25,886 --> 00:06:29,932 but I'm thinking, "Okay, take your last walk." 86 00:06:30,015 --> 00:06:34,311 "Enjoy, buddy, because we'll meet again." 87 00:06:38,941 --> 00:06:43,028 Today, we're gonna talk about prank calls that take it way too far. 88 00:06:43,112 --> 00:06:47,199 In fact, these calls are plain sadistic and cruel. 89 00:06:47,950 --> 00:06:50,494 I'm Javier Leiva, and this is Pretend. 90 00:06:50,578 --> 00:06:54,290 Stories about real people pretending to be someone else. 91 00:06:55,124 --> 00:06:56,667 When I started looking into this, 92 00:06:56,750 --> 00:07:00,004 it was shocking that there was even one hoax call like this. 93 00:07:00,087 --> 00:07:04,633 But then, come to find out that there were over 100 calls just like this 94 00:07:04,717 --> 00:07:09,597 in 32 states, and it went on for more than ten years. 95 00:07:11,849 --> 00:07:14,393 It was the Mount Washington case with Louise Ogborn 96 00:07:14,477 --> 00:07:16,312 that caught worldwide attention. 97 00:07:19,148 --> 00:07:24,653 It was shocking to know that a hoax call could be so sadistic and go this far. 98 00:07:25,821 --> 00:07:28,616 It is incredible how long this guy got away with it. 99 00:07:34,622 --> 00:07:40,085 God knows how many other calls happened that just weren't reported. 100 00:07:40,169 --> 00:07:43,964 So many victims went through these horrible ordeals. 101 00:07:44,924 --> 00:07:48,344 It shows people weren't warned about the dangers of the hoax caller. 102 00:07:52,640 --> 00:07:54,767 And I'll tell you, from my research… 103 00:07:54,850 --> 00:07:57,102 I traveled the United States, 104 00:07:57,186 --> 00:07:59,939 and I stopped at different fast food restaurants. 105 00:08:00,022 --> 00:08:03,317 And I very casually asked the managers, 106 00:08:03,400 --> 00:08:06,612 "Hey, have you heard of these prank calls that have been happening?" 107 00:08:06,695 --> 00:08:09,823 And they're like, "No, never heard of it." It was news to them. 108 00:08:11,700 --> 00:08:13,661 Even today, people aren't aware of it, 109 00:08:13,744 --> 00:08:16,789 which just shows how it kept happening and happening. 110 00:08:19,083 --> 00:08:20,834 Somebody had to be held accountable 111 00:08:20,918 --> 00:08:24,046 for what happened to all these different people. 112 00:08:35,432 --> 00:08:36,767 So, at the time, 113 00:08:36,850 --> 00:08:41,522 I had no idea this had happened to anyone else anywhere, at all. 114 00:08:43,357 --> 00:08:45,317 The manager, he lost his job, 115 00:08:45,401 --> 00:08:48,904 but they never officially charged him with anything that I'm aware of. 116 00:08:51,574 --> 00:08:53,909 The Taco Bell was a franchise, 117 00:08:53,993 --> 00:08:57,454 so I decided to sue the franchise owner as well as my manager. 118 00:09:01,792 --> 00:09:04,587 It was pretty clear that they were just worried about 119 00:09:04,670 --> 00:09:07,047 a lawsuit pretty much right out of the gate. 120 00:09:07,923 --> 00:09:09,842 They didn't care about her well-being. 121 00:09:11,218 --> 00:09:16,307 They were basically gonna make it out that she was complicit in what happened. 122 00:09:20,019 --> 00:09:23,689 My attorney told me that it very well could happen 123 00:09:23,772 --> 00:09:25,899 that they would try to attack my character. 124 00:09:29,278 --> 00:09:32,239 From what I understand, they were trying to get the notes 125 00:09:32,323 --> 00:09:37,578 from Deborah's therapy sessions to bring those into court. 126 00:09:39,163 --> 00:09:44,418 I think it was a ploy to ensure that Deborah wasn't going to testify. 127 00:09:44,501 --> 00:09:47,004 And if Deborah didn't testify, there was no case. 128 00:09:50,049 --> 00:09:52,176 The judge and the other attorney, 129 00:09:52,259 --> 00:09:54,720 they just sort of blamed me, in a way. 130 00:09:57,765 --> 00:10:00,434 The case was thrown out, in part, 131 00:10:00,517 --> 00:10:03,145 because either Deborah wouldn't testify or wouldn't answer 132 00:10:03,228 --> 00:10:05,648 the questions that they were asking her. 133 00:10:08,776 --> 00:10:11,779 She didn't want to recount all of this stuff 134 00:10:11,862 --> 00:10:13,739 in front of a room full of strangers. 135 00:10:15,991 --> 00:10:19,620 I was embarrassed, I didn't want to go through it. 136 00:10:19,703 --> 00:10:26,251 It was all too much and I was not willing or able, probably, to do it. 137 00:10:32,716 --> 00:10:35,761 The judge said… And I actually have it on my phone. 138 00:10:35,844 --> 00:10:38,555 He said "courts should not be used to propagate 139 00:10:38,639 --> 00:10:41,225 a culture of victimology/entitlement 140 00:10:41,308 --> 00:10:45,145 that degrades the sense of individual responsibility and hard work 141 00:10:45,229 --> 00:10:47,022 on which this great nation was founded." 142 00:10:47,106 --> 00:10:51,110 "The best lessons learned are usually the most expensive." 143 00:10:51,193 --> 00:10:52,361 "At tremendous expense, 144 00:10:52,444 --> 00:10:55,406 plaintiff will hopefully have learned to think for herself." 145 00:10:59,326 --> 00:11:02,204 Basically, "Shame on you, hope you learn a lesson." 146 00:11:08,043 --> 00:11:10,671 Months later, they kinda just were like, 147 00:11:10,754 --> 00:11:16,718 "Oh, by the way, we found out the caller was a prison guard in Florida." 148 00:11:16,802 --> 00:11:19,138 And that was all I knew. 149 00:11:23,100 --> 00:11:26,103 When there's no justice, when the police don't do anything, 150 00:11:26,186 --> 00:11:28,147 the DA doesn't do anything, 151 00:11:28,230 --> 00:11:32,067 it doesn't feel or doesn't seem at all like there's gonna be any effort 152 00:11:32,151 --> 00:11:34,862 to do anything to dissuade this from happening again. 153 00:11:34,945 --> 00:11:38,031 And that's exactly what happened. 154 00:11:41,910 --> 00:11:44,580 It's a very flawed system 155 00:11:44,663 --> 00:11:49,001 that a very healthy percentage of people never get any sort of justice 156 00:11:49,084 --> 00:11:51,295 and never any attempt at real justice. 157 00:12:04,766 --> 00:12:06,977 The criminal trial of David Stewart 158 00:12:07,060 --> 00:12:08,979 was what everybody was talking about, 159 00:12:09,062 --> 00:12:14,610 but the real villain here is not just the prank caller. 160 00:12:14,693 --> 00:12:17,029 I mean, what they did is horrible, 161 00:12:17,112 --> 00:12:21,783 but McDonald's, in a way, are just as complicit for allowing this to continue. 162 00:12:22,493 --> 00:12:25,871 Louise decides she's gonna go after the Goliath. 163 00:12:25,954 --> 00:12:29,500 She's going to go after McDonald's and she's gonna get some kind of justice. 164 00:12:30,375 --> 00:12:32,461 Her name, Louise Ogborn. 165 00:12:32,544 --> 00:12:34,880 The company, McDonald's. 166 00:12:34,963 --> 00:12:39,635 The two, once employee and employer, now defendant and plaintiff. 167 00:12:40,302 --> 00:12:42,054 All Louise Ogborn wanted 168 00:12:42,137 --> 00:12:46,391 was McDonald's to acknowledge they were culpable in this whole thing. 169 00:12:46,475 --> 00:12:50,562 She just wanted an apology for ruining her life. 170 00:12:51,605 --> 00:12:53,273 This could be the first time 171 00:12:53,357 --> 00:12:57,361 anyone involved in one of these hoaxes has managed to get to trial. 172 00:12:59,321 --> 00:13:02,282 I think Louise was a brave person. 173 00:13:02,366 --> 00:13:06,870 Now she's got to go on the witness stand to seal the deal on this thing. 174 00:13:07,788 --> 00:13:11,959 So Louise Ogborn hires an attorney named Ann Oldfather 175 00:13:12,042 --> 00:13:16,964 and they'd sue McDonald's for $200 million and that's a lot of money. 176 00:13:19,132 --> 00:13:22,553 McDonald's has this searchlight of blame 177 00:13:22,636 --> 00:13:27,307 and it's going on everybody else except the Golden Arches. 178 00:13:29,726 --> 00:13:34,523 Ann Oldfather is known for being a fierce litigator. 179 00:13:34,606 --> 00:13:37,150 Your verdict can measure the harm 180 00:13:37,234 --> 00:13:40,487 that's been done to Louise, in this community. 181 00:13:41,947 --> 00:13:44,658 This was, without a doubt, the biggest civil case 182 00:13:44,741 --> 00:13:47,119 ever tried in Bullitt County. 183 00:13:47,619 --> 00:13:49,454 $200 million? 184 00:13:51,039 --> 00:13:54,209 I think the fact that they even asked for that much 185 00:13:54,293 --> 00:13:56,211 tells you what this case is all about. 186 00:14:02,009 --> 00:14:03,427 All rise, please. 187 00:14:04,761 --> 00:14:06,138 My name's Tom McDonald. 188 00:14:06,221 --> 00:14:09,766 I served as a judge for 25 years in Louisville, Kentucky. 189 00:14:11,143 --> 00:14:12,102 Please be seated. 190 00:14:14,021 --> 00:14:17,149 I never thought this case would get to trial 191 00:14:17,232 --> 00:14:20,611 because the facts are so bizarre. 192 00:14:21,862 --> 00:14:23,947 There was an awful lot at stake. 193 00:14:25,115 --> 00:14:27,492 Here you have an 18-year-old woman, 194 00:14:27,576 --> 00:14:28,744 from a small town, 195 00:14:28,827 --> 00:14:32,372 who's going up against one of the biggest companies in the world. 196 00:14:32,456 --> 00:14:33,916 My thought is that 197 00:14:33,999 --> 00:14:37,294 they were gonna do everything in their power to make her go away. 198 00:14:38,879 --> 00:14:43,967 Now, Fox News at 10:00. Your first choice for news. 199 00:14:44,051 --> 00:14:45,385 There's a new development 200 00:14:45,469 --> 00:14:47,930 in the legal fallout from a strip search hoax 201 00:14:48,013 --> 00:14:50,724 at a McDonald's restaurant in Mount Washington. 202 00:14:53,185 --> 00:14:56,980 One of the private detectives hired by McDonald's 203 00:14:57,064 --> 00:14:59,858 was arrested for impersonating an officer 204 00:14:59,942 --> 00:15:03,320 when he was serving a subpoena on one of Louise's friends. 205 00:15:04,321 --> 00:15:07,950 There are charges that McDonald's is intimidating witnesses, 206 00:15:08,033 --> 00:15:09,284 and at least one bailiff, 207 00:15:09,368 --> 00:15:12,913 hired by the restaurant chain's attorneys, has been arrested. 208 00:15:14,456 --> 00:15:16,875 You gotta wonder if McDonald's strategy 209 00:15:16,959 --> 00:15:19,670 was to victim shame Louise Ogborn. 210 00:15:20,462 --> 00:15:24,132 They went after her therapy notes, they went after her Myspace account. 211 00:15:24,716 --> 00:15:29,554 And I think they wanted to pin this on everyone but themselves. 212 00:15:35,811 --> 00:15:40,732 McDonald's claimed it only had a few documents about the prior hoaxes, 213 00:15:41,441 --> 00:15:43,443 but Ann Oldfather did not believe that. 214 00:15:44,903 --> 00:15:49,449 And she started researching this and showed how many cases 215 00:15:49,533 --> 00:15:51,368 there had been previously 216 00:15:51,451 --> 00:15:56,581 and how McDonald's obviously knew of this danger, years earlier. 217 00:15:59,126 --> 00:16:01,461 Louise's case is basically that, 218 00:16:01,545 --> 00:16:05,132 you know, McDonald's had several of these hoax callers 219 00:16:05,215 --> 00:16:08,135 and how did they tell their restaurants about it? 220 00:16:08,218 --> 00:16:11,263 Did they do enough to warn their employees? 221 00:16:11,805 --> 00:16:14,391 And their case was that, "No, they did not." 222 00:16:21,189 --> 00:16:22,899 Before this case got to trial, 223 00:16:22,983 --> 00:16:28,905 Oldfather kept demanding documents from McDonald's about these other hoaxes. 224 00:16:31,825 --> 00:16:34,911 McDonald's acknowledged they had settled six cases 225 00:16:34,995 --> 00:16:37,164 concerning hoaxes similar to these. 226 00:16:38,373 --> 00:16:40,459 They said that's all they knew. 227 00:16:42,919 --> 00:16:47,299 But Ann Oldfather ultimately got an order from the trial judge 228 00:16:47,382 --> 00:16:51,720 threatening McDonald's with sanctions unless it produced what it had. 229 00:16:51,803 --> 00:16:53,597 We had an emergency hearing 230 00:16:54,598 --> 00:16:58,518 and I ordered McDonald's to turn over all of their files. 231 00:17:01,021 --> 00:17:03,356 Forty-eight hours before the trial started, 232 00:17:03,440 --> 00:17:08,236 McDonald's delivered her boxes and boxes full of information, 233 00:17:08,320 --> 00:17:10,197 with no time to review it. 234 00:17:11,448 --> 00:17:14,159 Louise Ogborn's lawyer has pages, folders, 235 00:17:14,242 --> 00:17:15,660 and boxes of paperwork 236 00:17:15,744 --> 00:17:20,207 that show McDonald's office knew of more than two dozen strip searches 237 00:17:20,290 --> 00:17:22,250 at its restaurants across the country. 238 00:17:22,834 --> 00:17:27,339 Sixteen boxes of material 239 00:17:27,422 --> 00:17:29,508 from McDonald's attorneys, 240 00:17:30,008 --> 00:17:33,553 that we haven't even had time to go through. 241 00:17:36,973 --> 00:17:39,768 At one point, McDonald's was implying 242 00:17:39,851 --> 00:17:42,604 that Louise was in on the hoax 243 00:17:42,687 --> 00:17:46,441 and that she was just trying to get money from the company. 244 00:17:48,318 --> 00:17:49,861 Come right on over there, sir. 245 00:17:50,612 --> 00:17:52,864 McDonald's got the maintenance guy, 246 00:17:52,948 --> 00:17:57,410 the guy who ended the call, the hero who saved the day. 247 00:17:57,494 --> 00:17:59,913 They put him up on the stand in court. 248 00:17:59,996 --> 00:18:04,543 Now, Tom, were you at the store the following date? 249 00:18:05,794 --> 00:18:06,837 Yes. 250 00:18:08,213 --> 00:18:11,758 McDonald's made a pretty interesting, compelling case 251 00:18:11,842 --> 00:18:16,096 that maybe Louise Ogborn was going after the money from day one. 252 00:18:16,179 --> 00:18:19,558 She said she was gonna get a big check or some money and… 253 00:18:19,641 --> 00:18:21,768 -Louise said that? -Yeah. 254 00:18:23,895 --> 00:18:26,940 Ann Oldfather was able to poke holes in that testimony, 255 00:18:27,023 --> 00:18:28,191 but at the end of the day, 256 00:18:28,275 --> 00:18:30,694 you really don't know what the jury's thinking. 257 00:18:38,076 --> 00:18:39,995 When Louise came out publicly, 258 00:18:40,871 --> 00:18:45,208 it really showed, you know, it's not a victimless crime anymore. 259 00:18:45,709 --> 00:18:47,252 This could be my daughter. 260 00:18:49,754 --> 00:18:52,799 -Would you like to call your next witness? -Yes, Your Honor. 261 00:18:53,425 --> 00:18:55,010 We call Louise Ogborn. 262 00:18:58,221 --> 00:19:00,724 There was a pre-trial motion 263 00:19:00,807 --> 00:19:06,563 to allow the jury to view the actual videotape of the assault 264 00:19:06,646 --> 00:19:08,064 in its entirety. 265 00:19:13,195 --> 00:19:15,739 It was a brutal three hours. 266 00:19:16,656 --> 00:19:18,575 It was hard for me to watch. 267 00:19:20,911 --> 00:19:23,997 There was absolute silence in the courtroom. 268 00:19:26,374 --> 00:19:31,004 The only thing you could hear was some of the jurors crying. 269 00:19:32,672 --> 00:19:35,675 You could have heard a pin drop other than for that. 270 00:19:38,845 --> 00:19:41,681 So what happened when you got back to the office? 271 00:19:42,349 --> 00:19:44,601 She kind of motioned me in. 272 00:19:45,727 --> 00:19:47,896 -And you went inside? -Yes. 273 00:19:47,979 --> 00:19:49,356 And then what happened? 274 00:19:49,439 --> 00:19:51,900 She told me I had been accused of stealing 275 00:19:51,983 --> 00:19:54,486 some money from a customers' purse. 276 00:19:54,986 --> 00:19:57,906 I said it couldn't be me, I wouldn't do anything like that. 277 00:19:57,989 --> 00:19:59,449 And you should know that. 278 00:20:00,533 --> 00:20:02,744 So how did that make you feel? 279 00:20:04,162 --> 00:20:06,122 One word I can think of is "devastated." 280 00:20:09,334 --> 00:20:14,130 Tell us, Louise, whether you have any fears that come back to you. 281 00:20:15,090 --> 00:20:19,678 I'd have dreams somebody was attacking me and I couldn't tell you who it was. 282 00:20:20,553 --> 00:20:22,889 I would avoid going to sleep at night. 283 00:20:23,765 --> 00:20:26,559 I can't breathe. I feel like I'm hyperventilating. 284 00:20:27,686 --> 00:20:30,272 My chest starts to hurt. My arm goes numb. 285 00:20:32,482 --> 00:20:35,860 Let's not forget that Louise is a victim of sexual assault. 286 00:20:36,945 --> 00:20:42,117 How could you not sympathize with her? I mean, it was humiliating. 287 00:20:42,200 --> 00:20:46,788 Four employees saw her at her most vulnerable moment, 288 00:20:46,871 --> 00:20:48,832 where she was sitting there, naked. 289 00:20:58,216 --> 00:21:01,886 I was doing what I had to do to survive. 290 00:21:04,014 --> 00:21:06,474 I didn't know if this was my last day on Earth. 291 00:21:07,517 --> 00:21:09,853 I didn't know if I'd make it through. 292 00:21:11,563 --> 00:21:13,815 She has been through so much trauma, 293 00:21:13,898 --> 00:21:16,860 she will never get part of her life back. 294 00:21:16,943 --> 00:21:18,486 That will always be out there. 295 00:21:22,866 --> 00:21:27,120 Did you think to tell Donna what her fiancé was doing to you? 296 00:21:28,371 --> 00:21:29,998 He was still in the room. 297 00:21:30,081 --> 00:21:32,959 I was scared what he might do to me and her if I did. 298 00:21:33,043 --> 00:21:34,836 He'd already hit me, beat me. 299 00:21:34,919 --> 00:21:37,130 There's no telling what he could've done 300 00:21:37,213 --> 00:21:39,674 if I stood up for myself and tried to get help. 301 00:21:46,556 --> 00:21:50,268 Louise Ogborn and her attorney are claiming false imprisonment, 302 00:21:50,352 --> 00:21:52,771 but McDonald's says, "That's not true." 303 00:21:52,854 --> 00:21:56,775 "Nobody physically restrained her. She could've left any time." 304 00:21:58,485 --> 00:22:01,613 The tape shows that you were left alone 305 00:22:01,696 --> 00:22:04,949 there in the office, for almost ten minutes. 306 00:22:05,033 --> 00:22:07,577 Did you ever go over and try the door? 307 00:22:07,660 --> 00:22:10,497 -No. Because I thought I couldn't get out. -I'm sorry? 308 00:22:10,580 --> 00:22:12,916 I thought I couldn't get out. 309 00:22:16,211 --> 00:22:20,840 I think McDonald's suggestion that she should've walked out of the room 310 00:22:20,924 --> 00:22:24,135 was perhaps a strategic error, 311 00:22:24,844 --> 00:22:30,016 to say that a young woman who had been deprived of her clothes and her car keys 312 00:22:30,100 --> 00:22:33,144 could have and should have put a stop to it 313 00:22:33,228 --> 00:22:36,439 when their own adult employee supervisors didn't. 314 00:22:37,107 --> 00:22:39,984 How could McDonald's ever have anticipated 315 00:22:40,902 --> 00:22:45,657 that on April 9, of '04, this guy was going to call Mount Washington? 316 00:22:47,867 --> 00:22:50,870 If McDonald's really knew what was going on, 317 00:22:50,954 --> 00:22:53,873 then they should've prepared their employees better. 318 00:22:54,916 --> 00:22:58,086 There was a problem here and they clearly did not get the word out 319 00:22:58,169 --> 00:23:00,588 because it kept happening and happening. 320 00:23:03,091 --> 00:23:06,803 McDonald's has taken no responsibility for the strip search 321 00:23:06,886 --> 00:23:09,889 that led to Louise Ogborn's monster lawsuit against them. 322 00:23:09,973 --> 00:23:14,686 And the blaming of everyone else continued throughout their closing arguments. 323 00:23:15,895 --> 00:23:18,898 It's not too much to expect an employee 324 00:23:18,982 --> 00:23:22,902 to distinguish between right and wrong and use their common sense. 325 00:23:22,986 --> 00:23:27,782 McDonald's tried to pin this thing on Louise Ogborn, on Donna Summers, 326 00:23:27,866 --> 00:23:32,745 when, in reality, it was them who did not warn their employees. 327 00:23:34,038 --> 00:23:38,042 In this case, you see how many restaurants 328 00:23:38,126 --> 00:23:41,212 where this had happened and how many of them were McDonald's. 329 00:23:42,088 --> 00:23:44,757 And that really kind of hits home. 330 00:23:45,884 --> 00:23:49,429 Armed with their opinions and a list of instructions, 331 00:23:49,512 --> 00:23:52,849 jurors are deciding if they should take a financial bite 332 00:23:52,932 --> 00:23:55,268 out of the largest fast-food chain in the world 333 00:23:55,351 --> 00:23:59,272 and give it to former Mount Washington restaurant crew member, Louise Ogborn. 334 00:24:11,284 --> 00:24:13,578 The jury comes back into the courtroom. 335 00:24:22,045 --> 00:24:24,505 The foreperson of the jury hands their verdict 336 00:24:24,589 --> 00:24:27,050 to the sheriff, and hands it to me. 337 00:24:28,551 --> 00:24:30,929 This was going to be the largest verdict 338 00:24:31,429 --> 00:24:33,681 in the history of Bullitt County, Kentucky. 339 00:24:38,895 --> 00:24:43,107 "We the jury find for Louise Ogborn under instruction number nine, 340 00:24:43,191 --> 00:24:46,611 and award her punitive damages against McDonald's Corporation." 341 00:24:50,865 --> 00:24:53,952 Some serious cash is on the way in another high profile civil suit. 342 00:24:54,035 --> 00:24:57,747 Louise Ogborn was the McDonald's employee who was forced to strip 343 00:24:57,830 --> 00:25:02,210 after someone called the Mount Washington restaurant, posing as a police officer. 344 00:25:03,419 --> 00:25:05,505 Louise Ogborn was awarded 345 00:25:05,588 --> 00:25:09,342 more than $6 million in a lawsuit against McDonald's 346 00:25:09,425 --> 00:25:11,135 and others involved in the case. 347 00:25:11,636 --> 00:25:14,013 Louise has stood up for what happened to her 348 00:25:14,097 --> 00:25:17,183 and what McDonald's failed to do for three and a half years 349 00:25:17,267 --> 00:25:20,395 and this jury just vindicated her completely. 350 00:25:20,478 --> 00:25:22,814 And we are so proud. 351 00:25:23,731 --> 00:25:27,277 I don't really know what to say. I can't talk about it right now. 352 00:25:29,570 --> 00:25:33,491 It wasn't the super-sized award Ogborn's legal team was after, 353 00:25:33,574 --> 00:25:37,620 but they're happy with the money and the message it sends McDonald's. 354 00:25:41,249 --> 00:25:43,501 The jury, I think they got it right. 355 00:25:44,294 --> 00:25:46,713 She deserved that and I felt like that… 356 00:25:47,922 --> 00:25:52,093 Okay, McDonald's knew this was going on for ten years and didn't seem to stop it 357 00:25:52,176 --> 00:25:53,845 and get the word out to stop it. 358 00:25:53,928 --> 00:25:56,097 They get slapped with a $6 million bill, 359 00:25:56,180 --> 00:25:58,349 maybe they'll think about changing training. 360 00:26:00,268 --> 00:26:03,855 McDonald's is responsible for not protecting their employees. 361 00:26:03,938 --> 00:26:05,273 That's the number one thing. 362 00:26:05,356 --> 00:26:08,693 If they did it to protect their bottom line and not their employees 363 00:26:09,736 --> 00:26:11,612 they're absolutely the villain in this. 364 00:26:14,741 --> 00:26:16,242 It was astounding, 365 00:26:16,326 --> 00:26:20,705 the fact that McDonald's had been aware of this occurring 366 00:26:20,788 --> 00:26:22,332 at many of its restaurants 367 00:26:22,999 --> 00:26:26,586 and the remedy would have been very simple 368 00:26:26,669 --> 00:26:33,634 and I believe this was Miss Oldfather's… One of her major arguments to the jury. 369 00:26:34,135 --> 00:26:39,432 It would have been simple for McDonald's to simply notify each of the stores. 370 00:26:40,975 --> 00:26:42,477 Put up a thing by the telephone. 371 00:26:42,560 --> 00:26:45,146 Put up a sign that said "There's a hoax caller." 372 00:26:45,229 --> 00:26:49,067 "If this occurs, don't do anything, it's a hoax." 373 00:26:49,150 --> 00:26:51,903 But they did not warn their employees. 374 00:26:51,986 --> 00:26:54,989 Do you think McDonald's tried to cover this up? 375 00:26:56,282 --> 00:26:58,034 I'm not gonna comment on that. 376 00:27:07,085 --> 00:27:09,712 I think what was shocking about the civil trial 377 00:27:09,796 --> 00:27:14,717 was the details of how many fast food joints were involved. 378 00:27:15,259 --> 00:27:21,099 And how many settlements had happened that people didn't know about. 379 00:27:22,433 --> 00:27:24,644 You know, it's not just McDonald's. 380 00:27:24,727 --> 00:27:27,980 It almost seemed like there was an effort to keep it quiet. 381 00:27:28,064 --> 00:27:30,775 Whether that happened or not, we don't know, 382 00:27:30,858 --> 00:27:33,528 but there was a feeling that's what was happening. 383 00:27:37,407 --> 00:27:39,575 We probably all individually had the feeling 384 00:27:39,659 --> 00:27:42,703 that this was only us and felt stupid and dumb about it. 385 00:27:42,787 --> 00:27:46,916 So you could probably interview 99 of those 100 women 386 00:27:46,999 --> 00:27:50,545 and they would feel singularly responsible and foolish. 387 00:27:50,628 --> 00:27:57,427 Just knowing that there are more people than just myself, that helps a lot. 388 00:27:57,510 --> 00:28:02,348 It wasn't just that they weren't stepping up and informing people 389 00:28:02,432 --> 00:28:07,395 or providing better training or even some kind of a warning or acknowledgement. 390 00:28:07,478 --> 00:28:10,731 And the question is whether they were actively hiding it. 391 00:28:11,858 --> 00:28:13,276 It wasn't just about them. 392 00:28:14,360 --> 00:28:18,823 At the end of the day, the hoax caller needs to pay for his actions. 393 00:28:20,241 --> 00:28:22,785 People were humiliated everywhere. 394 00:28:23,619 --> 00:28:25,746 They believed that David Stewart was connected 395 00:28:25,830 --> 00:28:28,040 to all these cases, these fast food cases. 396 00:28:28,124 --> 00:28:31,169 Whether he was or not, his name was linked to them all. 397 00:28:33,463 --> 00:28:36,507 David Stewart went back to Florida on a lowered bond 398 00:28:36,591 --> 00:28:40,928 and that's where he remained until they had a trial date set. 399 00:28:43,347 --> 00:28:47,185 While Stewart's out and enjoying being back with his family, 400 00:28:48,478 --> 00:28:51,689 I'm trying make sure I got the i's dotted, the t's crossed. 401 00:28:52,398 --> 00:28:55,985 I'm thinking, "Okay. You will take your last walk into the courthouse, 402 00:28:56,068 --> 00:28:59,280 and right on over to corrections, that'll be the end of it." 403 00:29:03,534 --> 00:29:06,704 The criminal trial starts in October of 2006 404 00:29:06,788 --> 00:29:09,624 and it's a huge deal in Bullitt County. 405 00:29:09,707 --> 00:29:12,418 You've got news crews from all over the country 406 00:29:12,502 --> 00:29:15,087 following this story of a young woman 407 00:29:15,171 --> 00:29:19,091 who was sexually assaulted inside a McDonald's because of a hoax caller. 408 00:29:20,051 --> 00:29:22,887 Prosecutors said they traced prepaid phone cards, 409 00:29:22,970 --> 00:29:25,723 allegedly used in the hoax, to David Stewart, 410 00:29:25,807 --> 00:29:28,184 a former Florida prison guard. 411 00:29:28,684 --> 00:29:31,771 Everybody wanted to know about David Stewart. 412 00:29:34,148 --> 00:29:37,360 Where did he live? Was he married? Did he have children? 413 00:29:38,486 --> 00:29:41,656 He was a husband and a father of five. 414 00:29:42,865 --> 00:29:44,534 And they couldn't find anybody to say 415 00:29:44,617 --> 00:29:46,786 anything bad about him around his community. 416 00:29:46,869 --> 00:29:48,454 People liked him. 417 00:29:49,831 --> 00:29:52,208 He made the call, or calls. 418 00:29:52,291 --> 00:29:55,503 I absolutely feel that he needs to be made to pay for this. 419 00:29:56,212 --> 00:30:00,550 I was all stirred up and like, "Give 'em hell" kind of attitude 420 00:30:00,633 --> 00:30:04,095 because to me, I was so personally wronged and it was awful. 421 00:30:07,181 --> 00:30:10,017 This was the biggest case that I'd had. 422 00:30:11,894 --> 00:30:15,773 The night before the trial, I'm thinking, "All right, the day is finally here, 423 00:30:17,024 --> 00:30:20,486 and hopefully, everything goes right." 424 00:30:21,279 --> 00:30:24,574 I think I've got an airtight, air-sealed case. 425 00:30:27,076 --> 00:30:31,247 At this point, I did my job, we have a great case. 426 00:30:31,330 --> 00:30:36,252 We have now submitted it to the lawyers in the trial courts of Mount Washington, 427 00:30:36,335 --> 00:30:39,088 and it's now up to them to prosecute this case. 428 00:30:45,511 --> 00:30:49,098 Romines walked in, putting on the show that attorneys do. 429 00:30:52,226 --> 00:30:55,021 I'm thinking, "Romines can blow all the smoke he wants." 430 00:30:55,104 --> 00:31:00,234 "He can't blow this up," because every police officer that I talked to said, 431 00:31:00,318 --> 00:31:02,778 "You got the best case in the nation." 432 00:31:03,446 --> 00:31:07,575 There are so many things that just seemed very inconsistent 433 00:31:07,658 --> 00:31:11,913 with the portrayal the police and prosecution was trying to make. 434 00:31:11,996 --> 00:31:16,459 It was very important to me to make sure we followed all the way through 435 00:31:17,001 --> 00:31:19,337 and that he was found guilty. 436 00:31:20,922 --> 00:31:23,883 The police think every case is a slam dunk 437 00:31:23,966 --> 00:31:28,721 which is why the police's version is what's put out to the media. 438 00:31:29,847 --> 00:31:35,436 As we've learned over the last two years, with social justice protests 439 00:31:35,519 --> 00:31:39,982 and George Floyd, Breonna Taylor, and cell phone cameras, 440 00:31:40,066 --> 00:31:45,738 the police's version of what happened is almost never what actually happened. 441 00:31:47,156 --> 00:31:50,785 We have David Stewart in line, purchasing a calling card. 442 00:31:52,119 --> 00:31:56,916 We have David Stewart entering the Walmart on the day 443 00:31:56,999 --> 00:32:02,880 the Massachusetts cards are purchased, wearing CCA security-type uniform. 444 00:32:03,714 --> 00:32:07,677 We have David Stewart identified from these photos 445 00:32:07,760 --> 00:32:11,055 from the warden at his jail where he worked. 446 00:32:12,431 --> 00:32:16,185 If that's not enough evidence to convict somebody, I don't know what is. 447 00:32:20,314 --> 00:32:24,986 The Walmart video was really kind of portrayed as the bombshell 448 00:32:25,069 --> 00:32:27,947 or the irrefutable evidence of his guilt. 449 00:32:30,825 --> 00:32:33,744 Could it be David Stewart? Sure, it could be David Stewart. 450 00:32:33,828 --> 00:32:36,497 But beyond a reasonable doubt is it David Stewart? 451 00:32:38,416 --> 00:32:41,961 That's bullcrap. You can still look at Stewart and tell that's still Stewart. 452 00:32:43,671 --> 00:32:48,968 It's him. There's no question about it. Perfect match. 453 00:32:49,719 --> 00:32:55,057 But even with that, the rest of the evidence was so inconsistent. 454 00:32:57,184 --> 00:33:01,605 That, to me, was not even close to sufficient evidence in the case. 455 00:33:03,441 --> 00:33:05,568 We went through his work schedule. 456 00:33:06,152 --> 00:33:08,362 Every time a call was made that we could track, 457 00:33:08,446 --> 00:33:12,616 we could show that he was not at work, he was available to make this call. 458 00:33:14,827 --> 00:33:19,832 And he was very familiar with the area where some of these calls were made from. 459 00:33:21,000 --> 00:33:24,754 One that was nearby, a payphone where he used to deliver gas. 460 00:33:26,213 --> 00:33:30,384 There were some of those calls that David Stewart had an alibi 461 00:33:31,052 --> 00:33:33,262 that they could not refute. 462 00:33:33,345 --> 00:33:37,475 His wife testified that they had a set schedule 463 00:33:37,558 --> 00:33:41,854 and when she worked, he was to pick up the kids. 464 00:33:43,272 --> 00:33:47,276 Our investigation uncovered that Stewart did not make them. 465 00:33:48,903 --> 00:33:53,657 We had a guy driving all over, he might make a call from this payphone 466 00:33:53,741 --> 00:33:56,952 and later, he might make a call from another payphone. 467 00:33:57,036 --> 00:34:02,083 The caller is using calling cards, he thinks nobody can track him down. 468 00:34:04,043 --> 00:34:07,379 He happened to be in the store when the calling card was purchased. 469 00:34:07,463 --> 00:34:09,048 We had a near confession. 470 00:34:09,632 --> 00:34:12,551 We're this close from him admitting this. 471 00:34:12,635 --> 00:34:15,179 He goes, "Thank God, it's over." 472 00:34:16,639 --> 00:34:18,682 That was it. Didn't say another word. 473 00:34:20,810 --> 00:34:23,312 Plead the fifth. Done. 474 00:34:27,983 --> 00:34:31,403 When the police interrogate you for a period of time 475 00:34:31,487 --> 00:34:34,406 and you never admit to committing a crime 476 00:34:34,490 --> 00:34:37,993 and then finally, they're done questioning you, 477 00:34:38,077 --> 00:34:40,037 and you say, "Thank God, this is over"? 478 00:34:40,121 --> 00:34:42,998 That has more to do with police interrogating you 479 00:34:43,082 --> 00:34:46,585 than it does, you know, a confession to a crime. 480 00:34:47,086 --> 00:34:50,506 All I'm thinking, "If not David Stewart, who is it?" 481 00:34:50,589 --> 00:34:53,759 Because the facts are there, the evidence is there. 482 00:34:56,762 --> 00:34:59,390 Part of the prosecution's case 483 00:34:59,473 --> 00:35:04,645 was that David is this Svengali mastermind conman, 484 00:35:04,728 --> 00:35:07,982 who can convince people to do things over the telephone 485 00:35:08,065 --> 00:35:10,776 that they wouldn't ordinarily do. 486 00:35:13,445 --> 00:35:20,202 It's wholly inconsistent with the person David Stewart had been his entire life. 487 00:35:25,040 --> 00:35:28,419 His lawyer painted that story that he was a family man, 488 00:35:28,502 --> 00:35:32,047 a good hard-working guy, had a police officer as a brother, 489 00:35:32,131 --> 00:35:35,843 and really did a good job in telling the jury 490 00:35:35,926 --> 00:35:38,220 that David Stewart is not the guy. 491 00:35:44,852 --> 00:35:48,022 The jury came back after only two hours of being out. 492 00:35:50,900 --> 00:35:52,735 I didn't really know what to think. 493 00:35:54,361 --> 00:35:57,031 David Stewart was facing ten to 20 years. 494 00:35:59,033 --> 00:36:02,161 The judge asked if they've reached a verdict, and they say yes. 495 00:36:03,996 --> 00:36:06,373 Kinda sucks the air out of the room. 496 00:36:09,460 --> 00:36:12,129 We, the jury, find the defendant not guilty 497 00:36:12,213 --> 00:36:15,216 of solicitation to commit first degree sexual abuse. 498 00:36:27,937 --> 00:36:32,107 There has been an unbelievable end to an unbelievable Florida story 499 00:36:32,191 --> 00:36:34,944 involving what amounted to a long-distance rape. 500 00:36:38,864 --> 00:36:43,244 It was like being hit with a two-by-four. My heart just sank down in my gut. 501 00:36:45,412 --> 00:36:46,914 I just went… 502 00:36:48,290 --> 00:36:51,043 I'm numb! I'm like, "What the fuck?" 503 00:36:55,631 --> 00:36:59,009 This was the only time that I can remember in my career 504 00:36:59,093 --> 00:37:03,264 that I got a not guilty verdict, there's nothing I can do to change it. 505 00:37:07,142 --> 00:37:10,854 People were just stunned. The case was not won. 506 00:37:11,647 --> 00:37:14,441 There wasn't enough proof, there wasn't enough evidence 507 00:37:14,525 --> 00:37:17,027 for a jury to believe that it was David Stewart. 508 00:37:20,614 --> 00:37:24,868 The issue in this case was they didn't have anything 509 00:37:24,952 --> 00:37:30,499 that is indicative or proof of David Stewart making the call. 510 00:37:30,582 --> 00:37:32,584 Maybe I could've done better interviewing him. 511 00:37:33,669 --> 00:37:35,754 Maybe we should have not interviewed him, 512 00:37:35,838 --> 00:37:38,716 hoped he didn't know we were there and put him under surveillance. 513 00:37:39,800 --> 00:37:42,303 In my view, we didn't arrest the wrong guy. 514 00:37:42,386 --> 00:37:45,264 We thought we arrested the right guy. 515 00:37:45,347 --> 00:37:49,226 He was brought to trial, found not guilty. That's the process. 516 00:37:52,563 --> 00:37:54,857 Do I think David Stewart's innocent? 517 00:37:54,940 --> 00:37:56,984 Yeah, I think David Stewart's innocent. 518 00:37:57,067 --> 00:37:59,445 There's obviously a difference under the law 519 00:37:59,528 --> 00:38:03,365 in not guilty and innocent, okay? 520 00:38:03,449 --> 00:38:05,617 I know for a fact, he's not guilty. 521 00:38:10,205 --> 00:38:14,460 We presented the best possible case that could be presented 522 00:38:14,543 --> 00:38:17,588 to bring justice for Louise and the other victims. 523 00:38:19,298 --> 00:38:21,800 Could I have arrested the wrong guy? I don't think so. 524 00:38:22,968 --> 00:38:26,263 I mean, nobody dropped those calling cards in his room. 525 00:38:28,015 --> 00:38:31,435 There are questions that've never been asked that need to be asked. 526 00:38:31,518 --> 00:38:34,938 The only thing I knew was, my client didn't do it, a jury agreed. 527 00:38:43,197 --> 00:38:45,449 To my knowledge, still today, 528 00:38:45,532 --> 00:38:50,871 I've not been made aware of this exact crime still ever happening again. 529 00:38:52,581 --> 00:38:56,960 What's really hard to believe is that only eight people were charged 530 00:38:57,044 --> 00:38:59,922 and they were managers at the restaurants, not the caller. 531 00:39:00,756 --> 00:39:04,676 But there were hundreds of calls and people wonder, 532 00:39:04,760 --> 00:39:08,555 "What happened here? Were all the cases not investigated?" 533 00:39:08,639 --> 00:39:10,432 "Were people afraid to report it?" 534 00:39:12,935 --> 00:39:16,522 Since 2004, these hoax calls have stopped. 535 00:39:18,732 --> 00:39:21,944 Justice wasn't served to the caller. 536 00:39:24,613 --> 00:39:30,369 Whoever made those calls is a disturbed individual. 537 00:39:33,038 --> 00:39:34,039 Who is it? 538 00:39:38,627 --> 00:39:43,590 This individual, this hoax caller is an evil sex predator, 539 00:39:43,674 --> 00:39:45,384 dangerous to society. 540 00:39:48,178 --> 00:39:49,805 The calls stopped for now… 541 00:39:54,226 --> 00:39:56,395 …but have they stopped for good?