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tv   Scandalous  FOX News  March 17, 2019 5:00pm-6:01pm PDT

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next fox news sunday >> previously on scandalous, the trial of william kennedy smith. [inaudible] >> smith was charged thursday with reaping a 29-year-old woman. >> lloyd black was the best criminal defense lawyer in miami. >> ward black had a lot of people working with him it was just on the other side. >> it's difficult sometimes not to feel that my family is
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on trial for me and some strange way my family is on trial for me. we contacted her based on a tip we had. we told her that her story should be told, she agreed and a reporter was on her doorstep in washington d.c. and she agreed to tell the story because she could reach
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22 million readers. she did not want her name revealed. we know her name, but she would have been willing to reveal her name on anything else for the palm beach police. >> what about the other women. >> have you been in florida lately? >> we had three women we wanted to testify that willie had done the same thing to them or had tried to, anyway, so i filed a motion for wayne's rule. it admits similar factual evidence if it goes to show a particular thing like motive or aberrant die or something like that.
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>> in october, the three women who accused william kennedy smith of sexual assault between 83 and 88, a doctor, medical student and a law student who was the cousin were asked to describe the allegations as thoroughly as possible. the first incident allegedly occurred in the summer of 83, a 19-year-old girl dating smith's cousin at the time said she accompanying him back to his new york city home to spend the night in the family guestroom. one moment he was standing in front of me talking to me, saying good night and the next he tackled me onto the bed and was trying to kiss me. he stayed on top of me, he put all of his weight on me and he tried to kiss me and he put his hands on my breasts and up my dress. she forced him off her but then he pushed her back on the bed and did the identical thing. the next incident occurred in
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the spring of 88 after inviting a girl back to his d.c. apartment, she said without any warning, he grabbed me by my wrist pulled me over the couch and i landed on my back with him on top of me. he was on top of me and he tried to kiss my neck or my face and held my hand tight. he eventually let her up. the third and most serious charges made by a former classmate who said in may of 88 she went to his apartment to sleep off the effects of some alcohol. i was about to lie down and he took off my shorts. at that point i began to get a little scared. i said stop, leave me alone. he started getting more and more aggressive. the next thing i knew, he had taken off his clothes and was on top of me. i tried to push him away and he had my hand so i couldn't move. later she claims he said damn, this is my last condom or something like that and he tried to put his in my mouth
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and i passed out. all three women say friends and attorneys advised them not to come forward with their stories when the incident took place but they all say after they heard about the alleged rape in palm beach they decided it was time they spoke up. whether or not they will tell their tale in court is another story. that will be up to the judge. >> i think the judge who, many people forget was a woman, would be hard-pressed to disallow the sworn statement of other women who came forward. very credible people. >> all of the women's depictions of willie involved a jekyll and hyde transformation. a friendly, innocent man into an aggressive sexual deviant back when asked to comment on these findings, they dismiss the allegations calling them ludicrous and garbage. they were made by copycats that crawled out of the woodwork. >> they said there is a change in character that turned violent. rape, by definition is necessarily a violent act so,
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if in fact these that they say are prior rapes or attempted rape, there is hardly any kind of signature to this type of offense. >> if you believe what mr. black said, you would believe every one of these women welcome the violent attack by this defendant, and that is not the case judge. what is at issue is the victim's consent. patricia bowman and others. >> there was no greater endorsement than that of jfk junior and in a sworn statement to congress in 1993, a friend of his talked about this. jfk junior had said to him, i don't want to go, you don't understand the pressure i am under in the family had known about william kennedy smith's problem for quite some time
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and should have done something about it a long time ago. by problem, he met raping women. >> on december 2, the first day of the trial, the judge barred their testimony. >> i submit to the court that these three prior acts are relevant to the issues of consent and to corroborate the victim's testimony in the supreme court florida and they have made it clear such evidence is admissible. the court denies the statements. >> the three women who previously accused smith of sexual assault will not allow to testify. it was a gamebreaker. that was powerful testimony. literature shows a rapist is a rapist. >> rape is not about sex and people who look like william smith, you and anybody else,
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your normal-looking mail can be such a person. >> look at bill cosby. one woman said he did it is one thing. 20 or 40 or 60 women saying it, now you have a pattern, a significant pattern and it makes the guy look a lot more guilty. get your free trial of fox nation. our streaming service is the perfect complement to fox and friends in the fox news channel. it features exclusive shows from yours truly and your favorite fox news personality. every sunday binge your favorite scandalous episode on fox nation, scandalous sundays
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like everyone else i would like to know the answer. what took place on those tapes was revolting. >> to one family claimed six white men including a police officer sexually a abused the girl. >> he was upon. >> i hope they can get the truth. >> scandalous sunday with directors cut and much more, only on fox nation. watch for free, now eal your car, well, that's my job. what? what?? what?! (laughing) what?? what?! what?! [crash] what?! haha, it happens. and if you've got cut-rate car insurance, paying for this could feel like getting robbed twice. so get allstate... and be better protected from mayhem... like me. ♪
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please stand and raise your right hand. >> six minutes after the introduction the jury was sworn in the opening statements began. >> nothing that i say in my opening statement should be considered as evidence. >> we will see one expert that will come into evidence from a statement that the complaint made on april 1, 1991, 2 days later. i didn't feel like a trusted man. then i was angry at that and i actually, i actually didn't see what work they had. they really didn't do that much. >> she said you raped me and he replied, i did not and no one is going to believe you anyway. she did not report the crime immediately because she feared no one would believe her.
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this was a famous, prominent person, she was an unknown person. >> presumption of innocence stays with you throughout the entire case. because of that, because the constitution said you are innocent until proven guilty, that means you don't have to prove your innocence in a court of law while americans have always fed into the dangerous myth of he said, she said nature of rape cases, these trials can often reveal much more. on the night of good friday before going out for a drink, willie and the rest of the gang started their night off at another palm beach bar. >> who went to lose? amanda smith, patrick barry, patrick kennedy, willie smith,
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carrie bridges and i. >> how did you go there. >> we drove in the same car patrick picked us up in. >> who drove? >> willie i think. >> please state your full name for the record. >> officer. [inaudible] >> how are you employed. >> , lease officer with palm beach department. >> my first thought of willie is he was quiet and respectful and there's no time during the night where he seemed to be as boisterous as his friends. he was just quiet and calm. i sat down with him and he introduced himself to me as will smith. he said promise me this before i leave, it wasn't until one of his friends, i believe it was carrie who had said you know he's a kennedy. to me, that was more of she
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was more impressed with the fact that she was with a kennedy than they were. >> brother testimony there was mention of drinking. >> what did you do when you sat down at the table. >> ordered something to drink. >> what did you order. >> a bottle of champagne. >> did everyone partake in the champagne. >> yes. >> as well as a revelation of time discrepancies, their friends and acquaintances at the bar. >> when you left lulu's in the morning hours of march 30, 1991, was the defendant still at lulu's at 1:15 a.m.? >> yes. >> not according to patrick kennedy. >> when you left, who left with you? >> when we left it was just my cousin willie, my cousin amanda and patrick barry.
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i think my cousin willie drove. >> what time did you leave on 1991. >> i left around 11:45 p.m. >> where did you go from that location? >> we went back to the house, to my grandmother's house. >> several of the other witnesses, including one of the friends and a waitress also believed otherwise. >> how long would you have to estimate that you stayed there. >> i believe we were there until two or 2:30 a.m. >> did anyone leave before you? >> i don't think so. >> what time would you estimate that group of people left? >> i would say before 2:30 a.m. >> while there were inconsistencies about willy's night out, there were also
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questions about patricia's intention. one friend was made into the interest of the night as black was attempting to rip a hole in his accusers credibility. >> you heard missus lasch say ms. bowman, on friday evening, went out to visit a friend and then, because and mercer and chuck decided they were going to go out for a nightcap, she decided to join. i don't believe that is true. you will hear that sometime earlier in the week she made a date with a man named tony who is a bartender at a bar she goes to quite often. she called him tuesday or wednesday earlier in the week and said that she wanted to meet him on friday night. prior to the easter weekend, did you hear from ms. bowman about any arrangements? >> she called me monday or tuesday of that week and told me she might be in town on
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friday which would be good friday, and what time would i be getting home from work. >> he works as a bartender and does not get off work until around midnight. they made an agreement that at 11:00 p.m. she would call him and tell him where she was and they would make arrangements to meet. at 11:00 p.m. or thereabouts, she makes a call to tony and he tells her he is going to go to a place called taboo when he gets off work. >> did you see ms. bowman. >> yes, she came in later. >> approximately how long was she with you. >> 15 or 20 minutes. it wasn't that long. >> and, after, did she invite you anywhere else. >> she said she was going to another bar and with some
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other friends and maybe i should meet her there later. >> you will hear that ms. bowman has testified in giving five sworn statements and has never mentioned the first word about tony liotta or any other meetings that night. she now says because she is in shock, she doesn't remember anything about tony. that are humana medicare advantage members. no, it's this john smith. who we paired with a humana team member to help address his own specific health needs. at humana, we take a personal approach to your health, to provide care that's just as unique as you are. no matter what your name is. ♪ i couldn't catch my breath. it was the last song of the night. it felt like my heart was skipping beats.
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live from america's news headquarters, words from the vatican today, pope francis offering his prayers for the muslim brothers killed in new zealand on friday. condolences continue to pour in from around the world. 50 people were killed in those shootings. a 28-year-old australian citizen is accused of carrying out the attack. ethiopia, an update on the investigation into the ethiopian airlines flight. revealing today that the flight data recorder from the jet showed clear similarities with the crash of the same type of plane in indonesia last october. officials also telling us the conditions of the black boxes are good and that enough data has been recovered for a report to be released in 30 days. back to scandalous
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one of the most controversial testimonies during the trial was patricia's good friend, her liberator the night of the alleged rape and the prosecution's star witness and mercer. in a classic courtroom assault , black tried to unravel her account, prodding them to admit the contradictions in her statement. >> you say you went to the kennedy home on the early morning hours of march 30. is that correct? >> yes. your friend said she was raped, is that right. >> yes. >> what she told you was she wanted her shoes, is that correct. >> yes. >> several times she was worried about her shoes. >> yes. >> you went into the house, correct back yes, into the house where the rate had
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been. >> i guess you could say that, yes. >> was it dark in there. >> yes. >> you go through the kitchen into a hallway. >> yes. >> it's dark in the hallway. >> right. you meet up with the man who your friends say is a rapist, is that correct. >> i was not afraid of him. >> that was not my question. my question is did you meet this man whom your friend said is the alleged rapist. >> yes. >> while some criticized roy, others suggested and was eager to cash in. it was an endless summer. a gentle ocean embraces the sand. a society embraces a life where success is excess. but today, a wintry blast of ugliness has visited. >> she is being crucified and actually she's the one, she's
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not on trial, he is. >> and mercer is talking about her best friend, 29-year-old woman whose name should not be revealed. >> and mercer was a tall willowy blonde whose father was a very known businessman in palm beach, and she was a good friend of the alleged victim, a very good friend. >> why did you give an interview to current affairs concerning this information. >> i believed that my police statement was out. i had already given for statements to the police and i didn't feel it would harm the case in any way. >> of william kennedy smith was sitting here right now, what would you say to him. >> i would probably spit in his face. >> were you paid for those
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interviews. >> i was compensated, yes. >> how much were you paid. >> 25000 for the first interview and 15000 for the second interview. >> excuse me, but there will be no audible response to any of the questions and answers in this courtroom or it will be clear. >> before you were interviewed by a current affair, were you offered money by other publications? >> yes i was offered $150,000 which i turned down. >> by what publication. >> a current affair. >> i don't think she would have gone through with this if she knew what harassment everyone was going to go through. >> while steve had already made a radical opinion of the trial witnesses, he decided to include a mock trial jury as well. they locked the jury behind closed door and the world
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wondered, what was going to the jury's mind. but in a rare birds eye view of how the scales of justice are weighed behind closed doors, we take you to our surrogate jury, scientifically chosen by doctor amy singer of trial consultant inc. >> there were four depositions involved. >> could you say the same thing four times in a row. >> if i had to tell you the exact fact. >> did you tell them you were sorry. >> no i did not. >> did you tell them of ms. mercer that you were sorry that you had to meet under these circumstances. >> did you say you were sorry you had met him under those circumstances.
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[inaudible] the fact that she went on the television tabloid show before this came to trial means that she perhaps had dollar signs in her eyes. >> my sympathies by the time the defense was done with her, my sympathy was with her. >> for six summers the 32-year-old former model has been living under the warm embrace of palm beach. life is no longer a beach. life is a bit sharp. bitch. this is not a bed...
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in crisis. >> were you working on the morning of march 30, saturday 1991. >> yes. >> i said we were just an answering service for the rape line and if she would give me her name and number i would have someone meet with her. >> did she appear to be upset on the phone. >> she did. >> which counselor did you contact? [inaudible] >> i met her down at the sheriff's department, told her to come down because we needed to take a statement, and after that, i took her up to the hospital for the rape exam. >> was it your opinion within the bounds of reasonable scientific medical certainty that she had sustained an injury to any part of her body? >> yes laterally on her right chest wall. >> were the injuries of her chest consistent with the description of the attack. >> it was th consistent of
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falling on that side of your chest, yes. >> consistent with what she told you happened to her. >> yes. >> from palm beach, the cold reality of day four in the william kennedy smith rape trial. he had to come i to i would his accuser as she continually broke down in tears on the witness stand. >> in the nine month since the good friday incident, the 5-foot extension woman named patricia bowman had never made a public statement or public appearance. maintaining privacy about her family, her child and herself. >> , question for the victims, if there's going to be cameras in the courtroom, how do i protect my identity. you saw one of the steps that was taken and patty's case it was the blue to cover her face. we also saw it can't thoroughly and completely do that because people move.
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>> whenever the accuser would move and shift in her chair, you would see her face and the whole room would make a noise because you're not supposed to see this. it's being broadcast live on television. they started making the.bigger so she moved you still wouldn't see her, you wouldn't see her face. >> did you feel this was an act of love. >> no. >> an act of violence. tell us what happened is you were walking up the staircase. >> i started up the stairs and was at the top of the steps and my leg was grabbed matt why did you start to run. >> i was afraid. >> do you need a break. >> no, i don't need a break.
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he had me on the ground and i was trying to get out from underneath because he was crushingly and he had my arm pinned and i was yelling no and stop and i tried to arch my back to get him off of me, but he slammed me down and then he pushed my dress up and he raped me. i thought he was going to kill me. i would tell him to stop. i was screaming no and i was
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struggling and he told me to it stop it bitch. >> while patricia put on an emotional performance, black didn't fail to emphasize her memory loss. >> i represent mr. smith. did you take off your pantyhose of the bar. >> i don't remember doing that. >> you have your pantyhose on when you got out of the car. >> i'm not sure. >> did you have your pantyhose on when you went into the house? >> i'm not sure. >> did you have your pantyhose on. [inaudible] >> i don't remember. >> did you have your pantyhose on when you walk through the house. >> i don't remember. >> is that accurate. >> before i asked, was that your voice. >> yes, that was my voice. >> was not discussing the kind of pantyhose you have on that night. >> yes. are they tough to get down. >> i don't recall that now,
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but i would say, yes. >> they plan to. [inaudible] he barred the testimony arguing it would cause a devastating effect on the schedule of the trial. people will have memory lapses about stuff they studied and because of the high level of anxiety and stress it makes it difficult for you to remember things, even in ordinary circumstances. it is not unusual at all for people who have been through a rape who might have ptsd symptoms to have difficulty with memory. >> when you say it happened nine months ago, you really have been thinking about this matter for nine months, haven't you. >> generally what i've been thinking about for the past nine months.
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>> have you been thinking about it for nine months. >> about what. >> about that weekend, march 29 and 30th. >> i have tried to remember that we can. the only thing i can clearly remember is mr. smith raping me. >> i know you've been prepared. [inaudible] >> have not been prepared by anyone. >> and as patricia failed to remember the majority of her night, black insisted on informing the jury of her inclinations that night. >> when you saw and mercer, did you ever tell her that you hadn't been out in a while and you were going to go out, you were going to have a night on the town. >> i don't know. i don't recall saying that. >> to remember saying to and mercer that if she didn't feel like going out with you, you were going to meet up with somebody else because you wanted to go out somewhere. >> no, i don't remember. >> do you believe her or not believe her. >> i believe her. >> believe her or not.
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>> i believe her. >> do you believe her. >> absolutely not be met there were two demeanors that the alleged victim had that which everybody in the court could see and the jury could see and that what people watching television could see. if you can't see her face you can't see her demeanors - i don't think the public was given the ability to make a decision about her credibility because of the bubble. >> obviously we saw some very sad and some very dramatic testimony today, but i've been living with these allegations, with this lie for the past eight months. i hope everybody will be patient as i have been and allow me the opportunity to defend myself in the coming days. >> until now many people thought the case was disappearing faster than gin and tonic at a palm beach sunday brunch but those here found the young woman impressive. her testimony was focused andte direct.
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which side seems better off, and more prepared. >> apart from the famous names involved, it's a close call at this point.
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william kennedy smith's defense team hiring five investigators who spent months digging up dirt also spent an impressive amount on various experts to cast doubts on bowman story. >> the defense is now poking holes in an important part of the story and that is that she screamed loudly on the lawn. >> what did you observe. >> most of the rooms are hard surface. the floors are tile, a large part of the ceilings were wood beam and deck which are generally speaking reflective of sound and absorb very little sound. >> the second floor is closely the same, less reflective than the tile but still substantially reflective sound capabilities. >> once the defense ensures that the screams would've been clearly audible indoors, he questioned the residents of the estate that weekend. >> did you hear any proud noises during the course of the evening. >> i did not.
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>> on the evening of march 29, had you been welcomed by any screaming. >> no. >> a familiar face to the kennedys, doctor henry lee had been a useful hand in a number of kennedy cases including the jfk assassination, rfk's assassination, chappaquiddick and the steagall murder trial. his expertise was deemed crucial in this case as well. >> based upon the examination that you've conducted in this case, did you see any evidence, the dress or the panties or the brassiere came into force will contact with a
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lawn or concrete type of service. >> if the dress. [inaudible] and similar to what i did. [inaudible] >> that's if it was like the handkerchief and we don't have a white cotton handkerchief, do we. >> we don't. >> he testified for roy black that he examined patty bowman's bra and there was no mark or stretches or tears or roughed up material that would indicate that she had been raped, and therefore you can conclude that she wasn't raped. i got up there and i said doctor lee, isn't it true that you investigated a murder
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where the guy strangled his wife with her own bra and you testified there was absolutely no mark on the body indicated that it had been used or abused in any way. there was no reason for you to do more on the dress because you did not find any. >> i did not find any. >> daa relived. [inaudible] but that is not a total determine factor. statement from both parties that's actually the most important aspect. >> as part of doctor henry lee's testimony, the jury was able to not only examined the condition of her dress and brassiere but also their brand. >> he has sensible reasons they gave for showing this evidence and allowing the jury to touch it, i would say paw it because that's what was. it was to show that well, her
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underwear wasn't ripped. there's no tearing. how could she have been raped if there's no tearing. the subtext was, she shopped for sexy underwear at victoria's secret so, you know, maybe she was asking for. >> some thought the research methods were far-fetched using a white cotton handkerchief instead of black acetate on fabric and others deemed as critical. >> if you had been tackled by anyone of his height and weight, he was a big man, and if he had tackled her on the grass, then there would have been grass stains. >> that's interesting because i thought that testimony was totally irrelevant. a grass stain on a white cloth or black dress. >> while there weren't significant stains there were traces in her panties. while doctor great siegel
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testified the sand particles later found in her panties matched sand on the beach, not soil from the lond. he also concluded two other possibilities that the lawn soil contained 20% sand and the sand could have been transferred to the lawn by a wet mr. smith himself. >> if the defendant was wet and running up the beach, on march 30, 1991, picking up sand, some of that sand could stick to his body, couldn't. >> yes as long as he was wet. >> so there's no way of knowing precisely what was on the dress at the time that took place at 4:00 a.m. march 30, 1991. >> in the sense of some of whatever was on the dress could've been lost, that's correct. >> those samples were contained in her underwear. >> to i consider it significant. >> yes, of course.
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>> and those were three of the few significant experts who testified during the sensational rape trial. now let's take a brief look at some of the other experts the defense hired you have no way of knowing if it was raining at the home on july 19 at all. >> their observations available which may or may not indicate that. >> you don't have them with you. >> no i do not. [inaudible] >> from all six positions that i took the measurements from, the moon would be visible. there would be no natural or man-made obstruction and that's what i was looking for
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between two and five. >> and you haven't received any kind of criminalistics training have you. do you know what criminalistics is? >> no ma'am. >> you do not know the condition of the lawn at the kennedys estate, do you. >> no. >> are you a forensic criminalist. >> no, i am not. >> what is your area of expertise. >> my expertise is in plant identification in particular grasses. >> now that we have all these new facts, your opinion has changed, hasn't. >> my opinion to what thematic penetrations are. >> let me make my conclusions and my opinion very clear. based on the hypothetical, i maintain and i will continue to maintain, and if you want i'll say it all over again,
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under the circumstances that were presented to me, based on my knowledge and my clinical experience of the large number of couples who are having actual dysfunction, i find it very, very unlikely that penetration occurred. now when you tell me him and we know, and i think everybody in this courtroom knows that penetration actually occurred, therefore something is inconsistent. >> when did you first see ms. bowman. >> it was on the sixth of november, 1990 when patricia came in the office, she was having problems referable to her neck, to her spine. >> when she came to your office, did she appear different in an emotional state and then you had seen her previously? >> yes, very different.
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: . ... the accident itself. that's why esurance makes it simple. just take some pics. [picture noises] go to sleep. wake up. grab a bite. maybe some racquetball. and boom - your money's on the way so you can get back on the road fast. well, not that fast. the editor had to make it fit in 30 seconds. it's pretty tricky actually trying to ... and ... tagline. when insurance is simple, it's surprisingly painless.
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>> on the next episode of skinless, the trial of william kennedy smith. smack in the circuit court of the 15th judicial [inaudible] state of florida versus william kennedy smith will be the jury find him -- and into. steve: happy st. patrick's day and welcome to the next revolution but this is the home of positive populism and steve hilton. tonight in honor of st. patrick's day we are starting the show with a close look at the irishman who just announced he wants to be your president. robert or rourke. watching his presidential campaign and vanity fair magazine beto o'rourke explains his message. quote, every word was pulled out of me by some greater force which was the people there and everything i said i was watching myself


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