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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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00:12:07,060 --> 00:12:08,979
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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00:13:07,788 --> 00:13:11,959
So Louise Ogborn
hires an attorney named Ann Oldfather
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00:13:12,042 --> 00:13:16,964
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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00:14:02,009 --> 00:14:03,427
All rise, please.
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00:14:04,761 --> 00:14:06,138
My name's Tom McDonald.
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00:14:06,221 --> 00:14:09,766
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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00:14:27,576 --> 00:14:28,744
from a small town,
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00:14:28,827 --> 00:14:32,372
who's going up against
one of the biggest companies in the world.
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00:14:32,456 --> 00:14:33,916
My thought is that
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00:14:33,999 --> 00:14:37,294
they were gonna do everything
in their power to make her go away.
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00:14:38,879 --> 00:14:43,967
[narrator] Now, Fox News at 10:00.
Your first choice for news.
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00:14:44,051 --> 00:14:45,385
There's a new development
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00:14:45,469 --> 00:14:47,930
in the legal fallout
from a strip search hoax
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00:14:48,013 --> 00:14:50,724
at a McDonald's restaurant
in Mount Washington.
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00:14:53,185 --> 00:14:56,980
[Andrew] One of the private detectives
hired by McDonald's
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00:14:57,064 --> 00:14:59,858
was arrested
for impersonating an officer
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00:14:59,942 --> 00:15:03,320
when he was serving a subpoena
on one of Louise's friends.
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00:15:04,321 --> 00:15:07,950
[newswoman] There are charges
that McDonald's is intimidating witnesses,
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00:15:08,033 --> 00:15:09,284
and at least one bailiff,
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00:15:09,368 --> 00:15:12,913
hired by the restaurant chain's attorneys,
has been arrested.
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00:15:14,456 --> 00:15:16,875
[Javier] You gotta wonder
if McDonald's strategy
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00:15:16,959 --> 00:15:19,670
was to victim shame Louise Ogborn.
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00:15:20,462 --> 00:15:24,132
They went after her therapy notes,
they went after her Myspace account.
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00:15:24,716 --> 00:15:29,554
And I think they wanted to pin this
on everyone but themselves.
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00:15:35,811 --> 00:15:40,732
McDonald's claimed it only had
a few documents about the prior hoaxes,
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00:15:41,441 --> 00:15:43,443
but Ann Oldfather did not believe that.
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00:15:44,903 --> 00:15:49,449
And she started researching this
and showed how many cases
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00:15:49,533 --> 00:15:51,368
there had been previously
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00:15:51,451 --> 00:15:56,581
and how McDonald's obviously knew
of this danger, years earlier.
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00:15:59,126 --> 00:16:01,461
Louise's case is basically that,
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00:16:01,545 --> 00:16:05,132
you know, McDonald's had several
of these hoax callers
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00:16:05,215 --> 00:16:08,135
and how did they tell their restaurants
about it?
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00:16:08,218 --> 00:16:11,263
Did they do enough
to warn their employees?
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00:16:11,805 --> 00:16:14,391
And their case was that,
"No, they did not."
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00:16:21,189 --> 00:16:22,899
[Andrew] Before this case got to trial,
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00:16:22,983 --> 00:16:28,905
Oldfather kept demanding documents
from McDonald's about these other hoaxes.
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00:16:31,825 --> 00:16:34,911
McDonald's acknowledged
they had settled six cases
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00:16:34,995 --> 00:16:37,164
concerning hoaxes similar to these.
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00:16:38,373 --> 00:16:40,459
They said that's all they knew.
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00:16:42,919 --> 00:16:47,299
But Ann Oldfather ultimately got an order
from the trial judge
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00:16:47,382 --> 00:16:51,720
threatening McDonald's with sanctions
unless it produced what it had.
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00:16:51,803 --> 00:16:53,597
We had an emergency hearing
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00:16:54,598 --> 00:16:58,518
and I ordered McDonald's
to turn over all of their files.
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00:17:01,021 --> 00:17:03,356
[Javier] Forty-eight hours
before the trial started,
235
00:17:03,440 --> 00:17:08,236
McDonald's delivered her
boxes and boxes full of information,
236
00:17:08,320 --> 00:17:10,197
with no time to review it.
237
00:17:11,448 --> 00:17:14,159
[newsman] Louise Ogborn's lawyer
has pages, folders,
238
00:17:14,242 --> 00:17:15,660
and boxes of paperwork
239
00:17:15,744 --> 00:17:20,207
that show McDonald's office knew
of more than two dozen strip searches
240
00:17:20,290 --> 00:17:22,250
at its restaurants across the country.
241
00:17:22,834 --> 00:17:27,339
[Ann] Sixteen boxes of material
242
00:17:27,422 --> 00:17:29,508
from McDonald's attorneys,
243
00:17:30,008 --> 00:17:33,553
that we haven't even had time
to go through.
244
00:17:36,973 --> 00:17:39,768
[Andrew] At one point,
McDonald's was implying
245
00:17:39,851 --> 00:17:42,604
that Louise was in on the hoax
246
00:17:42,687 --> 00:17:46,441
and that she was just trying
to get money from the company.
247
00:17:48,318 --> 00:17:49,861
Come right on over there, sir.
248
00:17:50,612 --> 00:17:52,864
McDonald's got the maintenance guy,
249
00:17:52,948 --> 00:17:57,410
the guy who ended the call,
the hero who saved the day.
250
00:17:57,494 --> 00:17:59,913
They put him up on the stand in court.
251
00:17:59,996 --> 00:18:04,543
[Patterson] Now, Tom, were you
at the store the following date?
252
00:18:05,794 --> 00:18:06,837
[Tom] Yes.
253
00:18:08,213 --> 00:18:11,758
[Javier] McDonald's made
a pretty interesting, compelling case
254
00:18:11,842 --> 00:18:16,096
that maybe Louise Ogborn
was going after the money from day one.
255
00:18:16,179 --> 00:18:19,558
She said she was gonna
get a big check or some money and…
256
00:18:19,641 --> 00:18:21,768
-[Patterson] Louise said that?
-[Tom] Yeah.
257
00:18:23,895 --> 00:18:26,940
Ann Oldfather was able to poke holes
in that testimony,
258
00:18:27,023 --> 00:18:28,191
but at the end of the day,
259
00:18:28,275 --> 00:18:30,694
you really don't know
what the jury's thinking.
260
00:18:38,076 --> 00:18:39,995
[man] When Louise came out publicly,
261
00:18:40,871 --> 00:18:45,208
it really showed, you know,
it's not a victimless crime anymore.
262
00:18:45,709 --> 00:18:47,252
This could be my daughter.
263
00:18:49,754 --> 00:18:52,799
-Would you like to call your next witness?
-[Ann] Yes, Your Honor.
264
00:18:53,425 --> 00:18:55,010
We call Louise Ogborn.
265
00:18:58,221 --> 00:19:00,724
[Tom] There was a pre-trial motion
266
00:19:00,807 --> 00:19:06,563
to allow the jury to view
the actual videotape of the assault
267
00:19:06,646 --> 00:19:08,064
in its entirety.
268
00:19:13,195 --> 00:19:15,739
It was a brutal three hours.
269
00:19:16,656 --> 00:19:18,575
It was hard for me to watch.
270
00:19:20,911 --> 00:19:23,997
There was absolute silence
in the courtroom.
271
00:19:26,374 --> 00:19:31,004
The only thing you could hear
was some of the jurors crying.
272
00:19:32,672 --> 00:19:35,675
You could have heard a pin drop
other than for that.
273
00:19:38,845 --> 00:19:41,681
So what happened
when you got back to the office?
274
00:19:42,349 --> 00:19:44,601
[Louise] She kind of motioned me in.
275
00:19:45,727 --> 00:19:47,896
-[Ann] And you went inside?
-Yes.
276
00:19:47,979 --> 00:19:49,356
[Ann] And then what happened?
277
00:19:49,439 --> 00:19:51,900
[Louise] She told me
I had been accused of stealing
278
00:19:51,983 --> 00:19:54,486
some money from a customers' purse.
279
00:19:54,986 --> 00:19:57,906
I said it couldn't be me,
I wouldn't do anything like that.
280
00:19:57,989 --> 00:19:59,449
And you should know that.
281
00:20:00,533 --> 00:20:02,744
So how did that make you feel?
282
00:20:04,162 --> 00:20:06,122
One word I can think of is "devastated."
283
00:20:09,334 --> 00:20:14,130
Tell us, Louise, whether you have
any fears that come back to you.
284
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.
285
00:20:20,553 --> 00:20:22,889
I would avoid going to sleep at night.
286
00:20:23,765 --> 00:20:26,559
I can't breathe.
I feel like I'm hyperventilating.
287
00:20:27,686 --> 00:20:30,272
My chest starts to hurt. My arm goes numb.
288
00:20:32,482 --> 00:20:35,860
Let's not forget
that Louise is a victim of sexual assault.
289
00:20:36,945 --> 00:20:42,117
How could you not sympathize with her?
I mean, it was humiliating.
290
00:20:42,200 --> 00:20:46,788
Four employees saw her
at her most vulnerable moment,
291
00:20:46,871 --> 00:20:48,832
where she was sitting there, naked.
292
00:20:58,216 --> 00:21:01,886
[Louise] I was doing
what I had to do to survive.
293
00:21:04,014 --> 00:21:06,474
I didn't know
if this was my last day on Earth.
294
00:21:07,517 --> 00:21:09,853
I didn't know if I'd make it through.
295
00:21:11,563 --> 00:21:13,815
She has been through so much trauma,
296
00:21:13,898 --> 00:21:16,860
she will never get part of her life back.
297
00:21:16,943 --> 00:21:18,486
That will always be out there.
298
00:21:22,866 --> 00:21:27,120
[Patterson] Did you think to tell Donna
what her fiancé was doing to you?
299
00:21:28,371 --> 00:21:29,998
[Louise] He was still in the room.
300
00:21:30,081 --> 00:21:32,959
I was scared what he might do
to me and her if I did.
301
00:21:33,043 --> 00:21:34,836
He'd already hit me, beat me.
302
00:21:34,919 --> 00:21:37,130
There's no telling what he could've done
303
00:21:37,213 --> 00:21:39,674
if I stood up for myself
and tried to get help.
304
00:21:46,556 --> 00:21:50,268
Louise Ogborn and her attorney
are claiming false imprisonment,
305
00:21:50,352 --> 00:21:52,771
but McDonald's says, "That's not true."
306
00:21:52,854 --> 00:21:56,775
"Nobody physically restrained her.
She could've left any time."
307
00:21:58,485 --> 00:22:01,613
[Patterson] The tape shows
that you were left alone
308
00:22:01,696 --> 00:22:04,949
there in the office,
for almost ten minutes.
309
00:22:05,033 --> 00:22:07,577
Did you ever go over and try the door?
310
00:22:07,660 --> 00:22:10,497
-No. Because I thought I couldn't get out.
-[Patterson] I'm sorry?
311
00:22:10,580 --> 00:22:12,916
[voice breaking] I thought
I couldn't get out.
312
00:22:16,211 --> 00:22:20,840
[Andrew] I think McDonald's suggestion
that she should've walked out of the room
313
00:22:20,924 --> 00:22:24,135
was perhaps a strategic error,
314
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
315
00:22:30,100 --> 00:22:33,144
could have
and should have put a stop to it
316
00:22:33,228 --> 00:22:36,439
when their own
adult employee supervisors didn't.
317
00:22:37,107 --> 00:22:39,984
How could McDonald's
ever have anticipated
318
00:22:40,902 --> 00:22:45,657
that on April 9, of '04, this guy
was going to call Mount Washington?
319
00:22:47,867 --> 00:22:50,870
[Javier] If McDonald's really knew
what was going on,
320
00:22:50,954 --> 00:22:53,873
then they should've prepared
their employees better.
321
00:22:54,916 --> 00:22:58,086
There was a problem here
and they clearly did not get the word out
322
00:22:58,169 --> 00:23:00,588
because it kept happening and happening.
323
00:23:03,091 --> 00:23:06,803
[newsman] McDonald's has taken
no responsibility for the strip search
324
00:23:06,886 --> 00:23:09,889
that led to Louise Ogborn's
monster lawsuit against them.
325
00:23:09,973 --> 00:23:14,686
And the blaming of everyone else continued
throughout their closing arguments.
326
00:23:15,895 --> 00:23:18,898
It's not too much to expect an employee
327
00:23:18,982 --> 00:23:22,902
to distinguish between right and wrong
and use their common sense.
328
00:23:22,986 --> 00:23:27,782
McDonald's tried to pin this thing
on Louise Ogborn, on Donna Summers,
329
00:23:27,866 --> 00:23:32,745
when, in reality, it was them
who did not warn their employees.
330
00:23:34,038 --> 00:23:38,042
[Connie] In this case,
you see how many restaurants
331
00:23:38,126 --> 00:23:41,212
where this had happened
and how many of them were McDonald's.
332
00:23:42,088 --> 00:23:44,757
And that really kind of hits home.
333
00:23:45,884 --> 00:23:49,429
[newsman] Armed with their opinions
and a list of instructions,
334
00:23:49,512 --> 00:23:52,849
jurors are deciding
if they should take a financial bite
335
00:23:52,932 --> 00:23:55,268
out of the largest fast-food chain
in the world
336
00:23:55,351 --> 00:23:59,272
and give it to former Mount Washington
restaurant crew member, Louise Ogborn.
337
00:24:11,284 --> 00:24:13,578
[Tom] The jury comes back
into the courtroom.
338
00:24:22,045 --> 00:24:24,505
The foreperson of the jury
hands their verdict
339
00:24:24,589 --> 00:24:27,050
to the sheriff, and hands it to me.
340
00:24:28,551 --> 00:24:30,929
This was going to be the largest verdict
341
00:24:31,429 --> 00:24:33,681
in the history
of Bullitt County, Kentucky.
342
00:24:38,895 --> 00:24:43,107
"We the jury find for Louise Ogborn
under instruction number nine,
343
00:24:43,191 --> 00:24:46,611
and award her punitive damages
against McDonald's Corporation."
344
00:24:50,865 --> 00:24:53,952
Some serious cash is on the way
in another high profile civil suit.
345
00:24:54,035 --> 00:24:57,747
Louise Ogborn was the McDonald's employee
who was forced to strip
346
00:24:57,830 --> 00:25:02,210
after someone called the Mount Washington
restaurant, posing as a police officer.
347
00:25:03,419 --> 00:25:05,505
[newswoman]
Louise Ogborn was awarded
348
00:25:05,588 --> 00:25:09,342
more than $6 million
in a lawsuit against McDonald's
349
00:25:09,425 --> 00:25:11,135
and others involved in the case.
350
00:25:11,636 --> 00:25:14,013
Louise has stood up
for what happened to her
351
00:25:14,097 --> 00:25:17,183
and what McDonald's failed to do
for three and a half years
352
00:25:17,267 --> 00:25:20,395
and this jury
just vindicated her completely.
353
00:25:20,478 --> 00:25:22,814
And we are so proud.
354
00:25:23,731 --> 00:25:27,277
I don't really know what to say.
I can't talk about it right now.
355
00:25:29,570 --> 00:25:33,491
[reporter] It wasn't the super-sized award
Ogborn's legal team was after,
356
00:25:33,574 --> 00:25:37,620
but they're happy with the money
and the message it sends McDonald's.
357
00:25:41,249 --> 00:25:43,501
[Buddy] The jury,
I think they got it right.
358
00:25:44,294 --> 00:25:46,713
She deserved that and I felt like that…
359
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
360
00:25:52,176 --> 00:25:53,845
and get the word out to stop it.
361
00:25:53,928 --> 00:25:56,097
They get slapped with a $6 million bill,
362
00:25:56,180 --> 00:25:58,349
maybe they'll think
about changing training.
363
00:26:00,268 --> 00:26:03,855
[Victor] McDonald's is responsible
for not protecting their employees.
364
00:26:03,938 --> 00:26:05,273
That's the number one thing.
365
00:26:05,356 --> 00:26:08,693
If they did it to protect
their bottom line and not their employees
366
00:26:09,736 --> 00:26:11,612
they're absolutely the villain in this.
367
00:26:14,741 --> 00:26:16,242
[Tom] It was astounding,
368
00:26:16,326 --> 00:26:20,705
the fact that McDonald's
had been aware of this occurring
369
00:26:20,788 --> 00:26:22,332
at many of its restaurants
370
00:26:22,999 --> 00:26:26,586
and the remedy would have been very simple
371
00:26:26,669 --> 00:26:33,634
and I believe this was Miss Oldfather's…
One of her major arguments to the jury.
372
00:26:34,135 --> 00:26:39,432
It would have been simple for McDonald's
to simply notify each of the stores.
373
00:26:40,975 --> 00:26:42,477
Put up a thing by the telephone.
374
00:26:42,560 --> 00:26:45,146
Put up a sign that said
"There's a hoax caller."
375
00:26:45,229 --> 00:26:49,067
"If this occurs,
don't do anything, it's a hoax."
376
00:26:49,150 --> 00:26:51,903
But they did not warn their employees.
377
00:26:51,986 --> 00:26:54,989
[woman] Do you think
McDonald's tried to cover this up?
378
00:26:56,282 --> 00:26:58,034
I'm not gonna comment on that.
379
00:27:07,085 --> 00:27:09,712
I think what was shocking
about the civil trial
380
00:27:09,796 --> 00:27:14,717
was the details of how many
fast food joints were involved.
381
00:27:15,259 --> 00:27:21,099
And how many settlements had happened
that people didn't know about.
382
00:27:22,433 --> 00:27:24,644
You know, it's not just McDonald's.
383
00:27:24,727 --> 00:27:27,980
It almost seemed like
there was an effort to keep it quiet.
384
00:27:28,064 --> 00:27:30,775
Whether that happened or not,
we don't know,
385
00:27:30,858 --> 00:27:33,528
but there was a feeling
that's what was happening.
386
00:27:37,407 --> 00:27:39,575
We probably all individually
had the feeling
387
00:27:39,659 --> 00:27:42,703
that this was only us
and felt stupid and dumb about it.
388
00:27:42,787 --> 00:27:46,916
So you could probably interview
99 of those 100 women
389
00:27:46,999 --> 00:27:50,545
and they would feel singularly
responsible and foolish.
390
00:27:50,628 --> 00:27:57,427
Just knowing that there are more people
than just myself, that helps a lot.
391
00:27:57,510 --> 00:28:02,348
It wasn't just that they weren't
stepping up and informing people
392
00:28:02,432 --> 00:28:07,395
or providing better training or even
some kind of a warning or acknowledgement.
393
00:28:07,478 --> 00:28:10,731
And the question is
whether they were actively hiding it.
394
00:28:11,858 --> 00:28:13,276
It wasn't just about them.
395
00:28:14,360 --> 00:28:18,823
At the end of the day, the hoax caller
needs to pay for his actions.
396
00:28:20,241 --> 00:28:22,785
[Connie] People were
humiliated everywhere.
397
00:28:23,619 --> 00:28:25,746
They believed that David Stewart
was connected
398
00:28:25,830 --> 00:28:28,040
to all these cases, these fast food cases.
399
00:28:28,124 --> 00:28:31,169
Whether he was or not,
his name was linked to them all.
400
00:28:33,463 --> 00:28:36,507
[Buddy] David Stewart went back to Florida
on a lowered bond
401
00:28:36,591 --> 00:28:40,928
and that's where he remained
until they had a trial date set.
402
00:28:43,347 --> 00:28:47,185
While Stewart's out
and enjoying being back with his family,
403
00:28:48,478 --> 00:28:51,689
I'm trying make sure
I got the i's dotted, the t's crossed.
404
00:28:52,398 --> 00:28:55,985
I'm thinking, "Okay. You will take
your last walk into the courthouse,
405
00:28:56,068 --> 00:28:59,280
and right on over to corrections,
that'll be the end of it."
406
00:29:03,534 --> 00:29:06,704
[Connie] The criminal trial starts
in October of 2006
407
00:29:06,788 --> 00:29:09,624
and it's a huge deal in Bullitt County.
408
00:29:09,707 --> 00:29:12,418
You've got news crews
from all over the country
409
00:29:12,502 --> 00:29:15,087
following this story of a young woman
410
00:29:15,171 --> 00:29:19,091
who was sexually assaulted inside
a McDonald's because of a hoax caller.
411
00:29:20,051 --> 00:29:22,887
[newswoman] Prosecutors said
they traced prepaid phone cards,
412
00:29:22,970 --> 00:29:25,723
allegedly used in the hoax,
to David Stewart,
413
00:29:25,807 --> 00:29:28,184
a former Florida prison guard.
414
00:29:28,684 --> 00:29:31,771
Everybody wanted to know
about David Stewart.
415
00:29:34,148 --> 00:29:37,360
Where did he live? Was he married?
Did he have children?
416
00:29:38,486 --> 00:29:41,656
He was a husband and a father of five.
417
00:29:42,865 --> 00:29:44,534
And they couldn't find anybody to say
418
00:29:44,617 --> 00:29:46,786
anything bad about him
around his community.
419
00:29:46,869 --> 00:29:48,454
People liked him.
420
00:29:49,831 --> 00:29:52,208
[Elizabeth] He made the call, or calls.
421
00:29:52,291 --> 00:29:55,503
I absolutely feel
that he needs to be made to pay for this.
422
00:29:56,212 --> 00:30:00,550
I was all stirred up and like,
"Give 'em hell" kind of attitude
423
00:30:00,633 --> 00:30:04,095
because to me, I was so personally wronged
and it was awful.
424
00:30:07,181 --> 00:30:10,017
[Buddy] This was the biggest case
that I'd had.
425
00:30:11,894 --> 00:30:15,773
The night before the trial, I'm thinking,
"All right, the day is finally here,
426
00:30:17,024 --> 00:30:20,486
and hopefully, everything goes right."
427
00:30:21,279 --> 00:30:24,574
I think I've got an airtight,
air-sealed case.
428
00:30:27,076 --> 00:30:31,247
At this point, I did my job,
we have a great case.
429
00:30:31,330 --> 00:30:36,252
We have now submitted it to the lawyers
in the trial courts of Mount Washington,
430
00:30:36,335 --> 00:30:39,088
and it's now up to them
to prosecute this case.
431
00:30:45,511 --> 00:30:49,098
[Buddy] Romines walked in,
putting on the show that attorneys do.
432
00:30:52,226 --> 00:30:55,021
I'm thinking, "Romines can blow
all the smoke he wants."
433
00:30:55,104 --> 00:31:00,234
"He can't blow this up," because every
police officer that I talked to said,
434
00:31:00,318 --> 00:31:02,778
"You got the best case in the nation."
435
00:31:03,446 --> 00:31:07,575
There are so many things
that just seemed very inconsistent
436
00:31:07,658 --> 00:31:11,913
with the portrayal the police
and prosecution was trying to make.
437
00:31:11,996 --> 00:31:16,459
It was very important to me to make sure
we followed all the way through
438
00:31:17,001 --> 00:31:19,337
and that he was found guilty.
439
00:31:20,922 --> 00:31:23,883
The police think every case is a slam dunk
440
00:31:23,966 --> 00:31:28,721
which is why the police's version
is what's put out to the media.
441
00:31:29,847 --> 00:31:35,436
As we've learned over the last two years,
with social justice protests
442
00:31:35,519 --> 00:31:39,982
and George Floyd, Breonna Taylor,
and cell phone cameras,
443
00:31:40,066 --> 00:31:45,738
the police's version of what happened
is almost never what actually happened.
444
00:31:47,156 --> 00:31:50,785
[Victor] We have David Stewart
in line, purchasing a calling card.
445
00:31:52,119 --> 00:31:56,916
We have David Stewart
entering the Walmart on the day
446
00:31:56,999 --> 00:32:02,880
the Massachusetts cards are purchased,
wearing CCA security-type uniform.
447
00:32:03,714 --> 00:32:07,677
We have David Stewart identified
from these photos
448
00:32:07,760 --> 00:32:11,055
from the warden
at his jail where he worked.
449
00:32:12,431 --> 00:32:16,185
If that's not enough evidence
to convict somebody, I don't know what is.
450
00:32:20,314 --> 00:32:24,986
[Steve] The Walmart video was really
kind of portrayed as the bombshell
451
00:32:25,069 --> 00:32:27,947
or the irrefutable evidence of his guilt.
452
00:32:30,825 --> 00:32:33,744
Could it be David Stewart?
Sure, it could be David Stewart.
453
00:32:33,828 --> 00:32:36,497
But beyond a reasonable doubt
is it David Stewart?
454
00:32:38,416 --> 00:32:41,961
That's bullcrap. You can still look
at Stewart and tell that's still Stewart.
455
00:32:43,671 --> 00:32:48,968
[Victor] It's him. There's no question
about it. Perfect match.
456
00:32:49,719 --> 00:32:55,057
But even with that, the rest
of the evidence was so inconsistent.
457
00:32:57,184 --> 00:33:01,605
That, to me, was not even close
to sufficient evidence in the case.
458
00:33:03,441 --> 00:33:05,568
[Buddy] We went through his work schedule.
459
00:33:06,152 --> 00:33:08,362
Every time a call was made
that we could track,
460
00:33:08,446 --> 00:33:12,616
we could show that he was not at work,
he was available to make this call.
461
00:33:14,827 --> 00:33:19,832
And he was very familiar with the area
where some of these calls were made from.
462
00:33:21,000 --> 00:33:24,754
One that was nearby, a payphone
where he used to deliver gas.
463
00:33:26,213 --> 00:33:30,384
There were some of those calls
that David Stewart had an alibi
464
00:33:31,052 --> 00:33:33,262
that they could not refute.
465
00:33:33,345 --> 00:33:37,475
His wife testified
that they had a set schedule
466
00:33:37,558 --> 00:33:41,854
and when she worked,
he was to pick up the kids.
467
00:33:43,272 --> 00:33:47,276
Our investigation uncovered
that Stewart did not make them.
468
00:33:48,903 --> 00:33:53,657
[Buddy] We had a guy driving all over,
he might make a call from this payphone
469
00:33:53,741 --> 00:33:56,952
and later, he might make
a call from another payphone.
470
00:33:57,036 --> 00:34:02,083
The caller is using calling cards,
he thinks nobody can track him down.
471
00:34:04,043 --> 00:34:07,379
[Victor] He happened to be in the store
when the calling card was purchased.
472
00:34:07,463 --> 00:34:09,048
We had a near confession.
473
00:34:09,632 --> 00:34:12,551
We're this close from him admitting this.
474
00:34:12,635 --> 00:34:15,179
He goes, "Thank God, it's over."
475
00:34:16,639 --> 00:34:18,682
That was it. Didn't say another word.
476
00:34:20,810 --> 00:34:23,312
Plead the fifth. Done.
477
00:34:27,983 --> 00:34:31,403
When the police interrogate you
for a period of time
478
00:34:31,487 --> 00:34:34,406
and you never admit to committing a crime
479
00:34:34,490 --> 00:34:37,993
and then finally,
they're done questioning you,
480
00:34:38,077 --> 00:34:40,037
and you say, "Thank God, this is over"?
481
00:34:40,121 --> 00:34:42,998
That has more to do
with police interrogating you
482
00:34:43,082 --> 00:34:46,585
than it does, you know,
a confession to a crime.
483
00:34:47,086 --> 00:34:50,506
All I'm thinking,
"If not David Stewart, who is it?"
484
00:34:50,589 --> 00:34:53,759
Because the facts are there,
the evidence is there.
485
00:34:56,762 --> 00:34:59,390
[Steve] Part of the prosecution's case
486
00:34:59,473 --> 00:35:04,645
was that David
is this Svengali mastermind conman,
487
00:35:04,728 --> 00:35:07,982
who can convince people
to do things over the telephone
488
00:35:08,065 --> 00:35:10,776
that they wouldn't ordinarily do.
489
00:35:13,445 --> 00:35:20,202
It's wholly inconsistent with the person
David Stewart had been his entire life.
490
00:35:25,040 --> 00:35:28,419
His lawyer painted that story
that he was a family man,
491
00:35:28,502 --> 00:35:32,047
a good hard-working guy,
had a police officer as a brother,
492
00:35:32,131 --> 00:35:35,843
and really did a good job
in telling the jury
493
00:35:35,926 --> 00:35:38,220
that David Stewart is not the guy.
494
00:35:44,852 --> 00:35:48,022
[Buddy] The jury came back
after only two hours of being out.
495
00:35:50,900 --> 00:35:52,735
I didn't really know what to think.
496
00:35:54,361 --> 00:35:57,031
[Steve] David Stewart
was facing ten to 20 years.
497
00:35:59,033 --> 00:36:02,161
The judge asked if they've reached
a verdict, and they say yes.
498
00:36:03,996 --> 00:36:06,373
Kinda sucks the air out of the room.
499
00:36:09,460 --> 00:36:12,129
[man] We, the jury,
find the defendant not guilty
500
00:36:12,213 --> 00:36:15,216
of solicitation to commit
first degree sexual abuse.
501
00:36:27,937 --> 00:36:32,107
There has been an unbelievable end
to an unbelievable Florida story
502
00:36:32,191 --> 00:36:34,944
involving what amounted
to a long-distance rape.
503
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.
504
00:36:45,412 --> 00:36:46,914
I just went…
505
00:36:48,290 --> 00:36:51,043
I'm numb! I'm like, "What the fuck?"
506
00:36:55,631 --> 00:36:59,009
This was the only time
that I can remember in my career
507
00:36:59,093 --> 00:37:03,264
that I got a not guilty verdict,
there's nothing I can do to change it.
508
00:37:07,142 --> 00:37:10,854
[Connie] People were just stunned.
The case was not won.
509
00:37:11,647 --> 00:37:14,441
There wasn't enough proof,
there wasn't enough evidence
510
00:37:14,525 --> 00:37:17,027
for a jury to believe
that it was David Stewart.
511
00:37:20,614 --> 00:37:24,868
[Steve] The issue in this case
was they didn't have anything
512
00:37:24,952 --> 00:37:30,499
that is indicative or proof
of David Stewart making the call.
513
00:37:30,582 --> 00:37:32,584
Maybe I could've done better
interviewing him.
514
00:37:33,669 --> 00:37:35,754
Maybe we should have not interviewed him,
515
00:37:35,838 --> 00:37:38,716
hoped he didn't know we were there
and put him under surveillance.
516
00:37:39,800 --> 00:37:42,303
In my view,
we didn't arrest the wrong guy.
517
00:37:42,386 --> 00:37:45,264
We thought we arrested the right guy.
518
00:37:45,347 --> 00:37:49,226
He was brought to trial, found not guilty.
That's the process.
519
00:37:52,563 --> 00:37:54,857
[Steve] Do I think
David Stewart's innocent?
520
00:37:54,940 --> 00:37:56,984
Yeah, I think David Stewart's innocent.
521
00:37:57,067 --> 00:37:59,445
There's obviously
a difference under the law
522
00:37:59,528 --> 00:38:03,365
in not guilty and innocent, okay?
523
00:38:03,449 --> 00:38:05,617
I know for a fact, he's not guilty.
524
00:38:10,205 --> 00:38:14,460
[Buddy] We presented the best
possible case that could be presented
525
00:38:14,543 --> 00:38:17,588
to bring justice for Louise
and the other victims.
526
00:38:19,298 --> 00:38:21,800
Could I have arrested the wrong guy?
I don't think so.
527
00:38:22,968 --> 00:38:26,263
I mean, nobody dropped
those calling cards in his room.
528
00:38:28,015 --> 00:38:31,435
There are questions that've never
been asked that need to be asked.
529
00:38:31,518 --> 00:38:34,938
The only thing I knew was,
my client didn't do it, a jury agreed.
530
00:38:43,197 --> 00:38:45,449
[Buddy] To my knowledge, still today,
531
00:38:45,532 --> 00:38:50,871
I've not been made aware of this
exact crime still ever happening again.
532
00:38:52,581 --> 00:38:56,960
[Connie] What's really hard to believe
is that only eight people were charged
533
00:38:57,044 --> 00:38:59,922
and they were managers at the restaurants,
not the caller.
534
00:39:00,756 --> 00:39:04,676
But there were hundreds of calls
and people wonder,
535
00:39:04,760 --> 00:39:08,555
"What happened here?
Were all the cases not investigated?"
536
00:39:08,639 --> 00:39:10,432
"Were people afraid to report it?"
537
00:39:12,935 --> 00:39:16,522
[Victor] Since 2004,
these hoax calls have stopped.
538
00:39:18,732 --> 00:39:21,944
Justice wasn't served to the caller.
539
00:39:24,613 --> 00:39:30,369
Whoever made those calls
is a disturbed individual.
540
00:39:33,038 --> 00:39:34,039
Who is it?
541
00:39:38,627 --> 00:39:43,590
This individual, this hoax caller
is an evil sex predator,
542
00:39:43,674 --> 00:39:45,384
dangerous to society.
543
00:39:48,178 --> 00:39:49,805
The calls stopped for now…
544
00:39:52,307 --> 00:39:54,143
[line ringing]
545
00:39:54,226 --> 00:39:56,395
…but have they stopped for good?