The Way I Heard It with Mike Rowe - 117: Some Kind of Consequence

Episode Date: November 20, 2018

It wasn't exactly the trial of the century, but nearly everyone agreed - something had to be done.  

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This is the way I heard it. Kyle Doss and Frank McBride had been viciously attacked in public. Now, just three months after the assault, they sat quietly in a Los Angeles courtroom hoping for justice. And based on the two-minute video, their attorney just played for the court, they were about to get some. As you can plainly see, ladies and gentlemen, the defendant is guilty. The witnesses are numerous, and my clients were clearly targeted. The video leaves no doubt. The video was in fact a devastating piece of evidence, and the attorney couldn't help but smile at all the nodding heads in the courtroom, many of which were attached to a few dozen well-known media personalities. The pasty guy from CNN was there, as well as the angry lady from MSNBC, and the troublemaker from Fox. Matt Lauer wasn't there, which was too bad. He'd been very helpful, after the incident, letting the young men tell their story on the Today Show for the whole country to hear.

Maybe after a favorable verdict he'd have her clients back on. And so, continued the attorney, the issue at hand is not a matter of guilt. It's merely a question of damages. There has to be some kind of consequence for this outrageous attack upon my clients. That is why we're here today. She knew the jury was with her. All her clients had to do now was get on the stand and tell the court not just what happened, but how it made them feel.

and how they struggled every day as a result. But first, the attorney called an expert witness, a psychologist from UCLA. Tell us, doctor, just how painful is it to be attacked in this fashion? Do you suppose my clients might suffer any long-term effects? Oh, without question, said the psychologist. Given the public nature of the attack and the weapon in question, oh yes, your clients might very well take years.

years to fully recover. I see, said the attorney. Can you give us some examples where other similar attacks with this same weapon have led to other similar reactions? For the next half hour, the psychologist gave numerous examples as everyone in the courtroom continued to nod in agreement. Then the attorney called one more witness to the stand, Jamie Massada. Mr. Massada, said the attorney, you own the venue. where this attack took place. In your view, what sort of consequence would best serve justice in the wake of this travesty? Well, said Mr. Mossadah, aside from the compensation your clients clearly deserve,

we ought not forget about the many other victims who were affected by this vicious attack. Many people who witnessed the assault left the venue in tears. Shouldn't they be compensated as well? The attorney smiled and thanked the witness, but now was not the time for a class action lawsuit. Maybe later. Now was the time for the jury to hear from the victim's firsthand. The prosecution calls Kyle Doss. Let's just cut to the chase.

Kyle Doss crushed it on the stand. So did Frank McBride. Their testimony was compelling, believable, and thanks to that incredible videotape. incontrovertible. The jury quickly ruled in their favor, in part, perhaps, because the defendant didn't even bother to show up. Thus, the plaintiffs were awarded twice what their attorney asked for, $200,000 for the, quote, intentional infliction of emotional damages to be paid by the defendant. There was just one problem. Neither the judge nor the jury had the authority to enforce the ruling or collect the fine, because this entire trial had been a sham, held not in a public

courthouse, but in a classroom at the Loyola Law School where the attorney's clients were allowed to testify before three retired judges handpicked by her. Judges hired to render a non-enforceable verdict based on evidence presented from only one side in front of a media so desperate. for a real trial, they decided to cover a fake one. Later, when asked to defend her tactics, the famous attorney said, well, if we went ahead with a regular lawsuit, it could have taken several years before it actually got to court. Now is when my clients are hurting. Now is when the public deserves a trial.

You might not remember Kyle Doss or Frank McBride. the men who were assaulted in 2006. And you probably don't remember Jamie Mossada, the guy who ran the laugh factory, where the attack took place. But I bet you remember that cell phone video, the one that captured that ugly and unrepeatable word, the one that forever transformed regular citizens into photojournalists. And I bet you also remember Gloria Alred, the famous attorney who decided not to press actual charge. because she knew she didn't have an actual case, but who nevertheless made sure the guilty party would suffer some kind of meaningful consequence.

Thus, everyone's favorite next-door neighbor was not fined or sent to prison, nor was he paroled or plea-bargained or sentenced to even a single day of community service. He was merely ruined, thanks to a new kind of justice, a swift justice. now available wherever people are armed to the teeth with camera phones. Never mind his apologies. Those don't matter. The only thing that matters is the video, because the video is the only thing we remember. And so, for assault with a deadly N-word.

Michael Richards was found guilty in the court of public opinion and sentenced to obscurity where he will remain until further notice. Some kind of consequence, indeed, for that wacky neighbor we once knew as Kramer. Anyway, that's the way I heard it. The story you just heard is true, at least the way I heard it. Thank you, Chuck Klausmeyer, for producing this podcast. Matthew Zipkin, thank you for hitting the buttons over here at One Union Recording Studios. Thank you, gentle listener, for listening. And if you haven't subscribed and you would prefer not to miss a new episode,

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