Return to Innocence (2001) Movie Script

1
Screaming: 'On your knees' by FBI-officers
and cries by arrested ones.
Tommy Jackson had just turned thirteen
when he came to 'New Horizons' last summer.
After his mother was
arrested for manufacturing
and distributing
child pornography.
Louise Jackson took her son's innocence,
the first time she sold him for sex.
He was seven years old.
Tommy Jackson took my innocence
three months after I first met him.
My name is Glenn Erskine.
This is our story.
Hey! Here comes Glenn.
Should not we call him Dr. Erskine?
- Nah.
- Everybody calls him Glenn.
He's cool.
You'll see,
after you've been here for a while.
Yeah.
That car of his kicks ass.
Hey!
Is that Tommy with him?
Yeah...
Hey... I thought he was
supposed to be spent
home time with Chris Manning this weekend.
Why is he coming in with Glenn?
What is home time?
Gee man...
Hasn't anybody told you anything?
Hey... Shut up dipshit.
Look.
After you've been here a few
months,
if everything's cool,
and you ain't been in trouble,
shit like that.
They let you spend one weekend
a month with your counselor.
Tommy!
Tommy! The bus is here.
I left my gym bag, and
clothing-stuff at your house.
Just a minute.
Well. Don't worry about that now.
We can get your things later.
You're gonna miss the bus
if you don't come on.
Tommy, I want you come
to see me after school.
We have to talk about last night.
Ooooh boy.
Chris!
You got a minute?
Uuhh.
Yeah.
Sure.
Come in.
Have a seat.
Close the door.
What's up?
I want you to tell me the real reason
you had me pick up Tommy Saturday morning.
Like I told you when I called, Glenn.
My wife is been having problems.
She's in her ninth month.
Tommy can be a handful.
A little bit too much for her.
What about you and Tommy, Chris?
Did anything happen Friday night that
causes problems between the two of you?
I don't know what you mean.
I think you do.
Let me tell you what happened
at my house last night.
Is it okay buddy?
Peter said you were crying.
It feels good.
When I was a boy,
I had an uncle who could give the
absolute best scalp massages.
No matter what was bothering me...
Uncle Ben could make it all go away
with those... magic fingers of his.
What's bothering you, Tommy?
You haven't been yourself all weekend.
Chris...
He...
What about Chris?
He doesn't like me anymore.
Tommy. Chris did not asked me
to take you for the weekend
because he doesn't like you anymore.
As you know, Mary is pregnant.
Home times are always a hassle.
He just realized it was too
much for her.
That's all.
No.
That wasn't it.
Mary is cool.
What happened Tommy?
Nothing.
Tommy.. If something happened
between you and Chris,
I want you to tell me about it.
All right.
We can talk about it later.
It's getting late.
Wait Glenn.
Don't go.
It is getting late Tommy.
You need to get some sleep.
Will you stay here until I fall asleep?
Okay.
Let's get you up and get you ready for bed.
Are you not lay down too?
Okay.
I'll lay down too.
Did anything happen?
Anything like what Chris?
I don't... I don't know what you mean.
I think you do.
I think something
happened at your house last Friday.
Something between you and Tommy.
Mary was perfectly fine with
having Tommy for a home time.
Wasn't she?
Look.
I've got a ten o'clock appointment
with a referral from DSS, Glenn.
Sit down Chris.
Now I've got a boy here
whose emotional state is
almost back to where it was
when he came to 'New
Horizons' three months ago.
I wanne know why.
Glenn...
I...
You've worked wonders with him Chris.
He took to you right from the beginning.
And that's why I assigned his case to you.
It's obvious to everyone around here
how close the two of you have become.
I want to know what has happened.
What changed all that?
What do you mean?
I mean why does Tommy think
you don't like him anymore?
It's Friday night.
I can't believe it all happened.
Sit down Chris.
No....
I'd rather stand.
It was stupid, just stupid.
I know better than that.
But at the time it was all
happening... I thought...
I thought it was good for Tommy.
He...
He what?
He enjoyed it.
So did I.
All right.
I need to know how
serious the incident was.
Was there any petting or kissing?
Yes.
Fondling?
Did you manually stimulate Tommy?
Masturbation.
In a way I guess, I did.
Did Tommy manually stimulate you?
Yes.
Oral copulation?
Oh God!
This is gonna kill Mary.
She'll divorce me.
I'll never get another counseling position.
I have ruined my life, have not I?
Your life?
What about Tommy, Chris?
Did you ever stop to think about that?
Did you threaten or force him at any point?
No, no.
It wasn't like that.
Aahh. We've got petting,
kissing,
fondling,
and mutual masturbation.
What about oral sex Chris?
You didn't answer my question.
Chris.
Don't make this any
tougher than it already is.
Chris!!!!
No.
Tommy did me.
All right.
Tell me how it happened.
I don't know.
About eleven o'clock.
I went in to check on Tommy,
before I went to bed.
He had just come out of the shower.
He started horsing around.
You know how I do with all the boys.
They like that.
I took the towel,
and I started popping him with it,
and we were wrestling around,
and wounded up on the floor,
and he was naked,
and I was in my pyjamas,
and he was on top of me.
He leaned up.
It sorts of just looked at each other.
Then he said....
He said what?
He said: 'I really like you, Chris.'
I told him I really liked him too.
Then... he hugged me.
And things just progressed from there?
Yes.
So... Tommy initiated sexual contact?
Yes.
Why didn't you stop him?
Oh...
I don't know Glenn.
It was so...
so affectionate.
Yeah... but given Tommy's background, you
should have expected something like this.
No!
No. That's not what happened.
It wasn't like that.
I know.
For the first time in his life,
Tommy felt close and
intimately with someone
who was not interested in using him.
But you did not have to let it go that far.
All right. What about resolution?
Resolution?
How did this encounter with Tommy end?
I...
I don't understand what you mean.
Chris..
Nothing of what you've told me so far
should have affected
Tommy in a negative way,
if there had been an
appropriate resolution.
Why does Tommy think you
don't like him anymore?
How did he feel about what had happened
after it after it was over?
Chris...
How did he feel
about what had happened?
I don't know.
What do you mean, you don't know!?
You didn't talk to him
about what the two of you had done?
Oh, my God!
Don't tell me you just left him there.
You didn't say anything to him?
I told him not to tell anybody.
And what did Tommy say to that?
He said he was sorry.
He beg me not to leave.
He kept on saying that he was
sorry, and I..
I just walked out.
Here's the deal.
You are suspended pending the outcome
of an investigation in this matter.
Investigation!
What investigation?
You just agreed with me
that this wasn't abuse.
The minute you told Tommy
not to tell anybody.
And walked out on him.
It became abuse.
No, no, no.
That's not what...
Tommy gets you off.
You tell him not to tell anybody.
Then you get up,
and just leave him crying on the floor.
How do you think he felt Chris?
Alone.
Abandoned.
Cheap.
Dirty,
and ashamed.
That's how he felt.
I'm sorry.
I don't wanne hear it.
Do you know what you've done?
You've completely undone all the work
we put into Tommy over
the last three months.
Chris.
That boy trusted you.
He loved you.
And then you just go.
I love him too Glenn.
I did not mean to hurt Tommy.
I can still work this out with him.
We don't have to.
Can't you just make an exception one time?
I swear to God, Glen.
I'll never let it happen again.
I like you Chris.
I really do.
When I hired you out of
graduate school five years ago.
I thought you'd be one
of our best counselors.
And you are.
You've worked wonders
with some of the boys.
But I just can't sweep this under the rug.
I'm not gonna jeopardize
this entire operation for you.
And what happens if Tommy decides to
tell somebody despite your threat?
I didn't threaten him.
The threat was implied.
And you know it.
If Tommy comes to me.
I'll have to report it.
What am I gonna say,
when it comes out you already told me?
Now way how would I explain that?
This is my life we're talking
about...
Not just my job.
Mary will never understand!!!
I'll tell you what.
I won't date this report until tomorrow.
I won't tell anybody about it till then.
That will give you 24 hours
to explain things to Mary.
Here.
Sign this.
Chris!
Save it Glenn.
You excuse me.
I gotta go tell my wife
that her husband is a child molester.
You're not in a child molester.
Oooh...
Really...?
Hi Glenn.
Ooh, okay. Just a minute.
I'll have him right back.
That will be fine.
Tommy, I need to talk to you.
I've got a Hall Pass.
We can't talk here.
We need to find a room somewhere.
Let's go in here.
I gotta take a piss.
I wanne talk you about Chris.
He told me what happened Friday night.
Nothing happened.
Yes.
Something did happen.
Chris admitted it.
You need to know that.
Did Chris say what I did wrong?
You did nothing wrong son.
I didn't do it right.
Chris was mad at me.
He probably thinks I'm a fag or something.
Tommy. You did nothing wrong
and Chris is not mad at you.
He just realized that
he did something wrong,
and he doesn't know how to handle it.
You'll understand?
Is Chris in trouble?
In a way:'Yes'.
I'll have to file a report with the DSS.
Your caseworker will have
a lot of questions for you.
It would be best for you and Chris
if you answered all her
questions truthfully,
and told her exactly what happened.
No! I won't do it.
Not if it means Chris will be in trouble.
He said not to tell nobody.
He didn't tell you nothing.
You're just trying to make me say
something to get him in trouble.
Tommy look.
Chris already admitted to me what happened.
By denying it, you're not helping.
If Chris tell me to tell, I will.
Unfortunately you won't be seeing Chris
until after the investigation.
Why not
Tommy.
Chris is no longer with 'New Horizons'.
He's been put on indefinite suspension,
till this matter is resolved.
No! You can't take Chris away.
He is my friend.
Glenn! Please! Don't fire him!
If I tell you what
happened, can Chris then....
It's too late for that, Tommy.
Can I keep the book.
Alright. See you.
Are you're doing okay buddy?
Peters got a basketball game
at St.Marks in a few hours.
Why don't you come with us?
It will do you good.
I don't want to go.
Okay then.
Tell me. I'm sorry about what
happened at school today.
I handled that situation badly.
I know that Chris has hurt you,
and I just want you to
get through this, okay?
Glenn!
I'll go with you.
Did you sign out and say you're with me?
Yeah...
Hop in.
It is for the star of the basketball game.
Just hit the game-winning shot.
Can I have a beer?
I think not. Soda will be just fine
I gotta go to pee. Come on then. I take
you.
I have to go to the bathroom too.
Thank Peter.
Hello.
Oh hi Mary, what's up?
What kind of accident?
Of course. What hospital he is in?
I'm on my way.
What was that all about.
Chris Mannings has been in an accident.
That was his wife.
She's at the hospital.
She wants me to come right away.
Ooh Glenn.
Tell the boys I'm sorry. I have to go.
You take Tommy back to 'New Horizons'?
I'm going with you.
I think it would be better if you didn't.
Glenn... I'm going with you.
All right. Come on.
Okay. I will pretty late.
I wait up. I hope Chris is all right.
Chris. It's Glenn. I'm here.
Mary called me.
Ssshh, don't talk.
Save your strength.
I couldn't tell her, Glenn.
I couldn't do that to Mary.
Promise me. Promise me,
you won't let her find out. Promise.
I promise you, there'll be no report.
Swear it.
I swear it Chris.
I'm sorry Glenn.
Tell Tommy I am sorry.
I never meant to hurt him.
Oooh God.
I love him Glenn.
Tommy is here. Tommy is here, Chris.
Tommy.
I never meant to hurt you.
You believe me, don't you?
Chris.
Chris.
Chris!
Tommy.
Chris! Chris!
We'll have to go.
Chris!
Mr. Manning, Mr. Manning.
Tommy, Tommy.
What was that all about?
I took Tommy to Peter's basketball game.
Then we had to go to the hospital.
I got some bad news, Karen.
Chris Manning has been in an accident.
He died about an hour ago.
I, I can't believe it.
I know.
I better go check on Tommy.
Tommy.
Glenn?
Who will be my counselor now?
I don't know.
Can you do it?
No, I can't.
I'm the director here.
I can't have a favorite.
Can I ask you a question?
Sure.
Did you really mean what you said to Chris?
That you wouldn't tell anybody?
Yes I did.
There's been too much grief, Tommy.
I can't add his wife to this mess.
This will have to be our secret now.
Do you understand?
Yeah.
Oh wait. Don't go.
Who whissled me last night?
It's getting late Tommy.
Please! All right
Let's get you ready for bed
Feels good.
Morning Kay.
Good morning Dr. Erskine.
What's that unmarked
police car doing out there?
I am not sure.
Some detective guy came in with Lucille.
Lucille from DSS?
Yes sir.
I am sorry what happened to Chris.
That was awful.
Karen told you? Yeah.
She told me this morning when I came in.
He will be hard to replace.
Boys really love him.
Can you get one of this for me?
Yeah... sure.
All right.
Look guys.
What we've got to do is sit down.
And clearly....
What's going on?
John? I can expect your call later?
Yes Lucille.
I'm sure we can get this worked out.
Morning, Lucille.
What was that all about?
Close the door and have a seat Glenn.
You might tell me what's going on,
and why you are in my office?
Do you think the rules around
here apply to you Glenn?
What?
Any staff member who signs a
resident out from this facility
is supposed to have him back by 8 o'clock.
John! I wrote the rules, remember?
Of course they apply to me.
Yet you signed Tommy Jackson
in last night at 11:05.
I took Tommy to see
Peter's basketball game.
Then I got the call about Chris.
Did you hear about the accident?
Yes.
And if you knew about it last night,
why did I have to find out this
morning from Karen Stillman?
Look John.
I spent the entire evening
with Tommy at the hospital.
We were there when Chris died.
That's why I was so late getting him back.
You signed him in at 11:05.
Yet yourself didn't sign out until 11:30.
So...
Glenn. Did Tommy Jackson spend Saturday
and Sunday night in your home?
Yes.
He was supposed to spend
home time with Chris,
but Chris called and said
it was too much for Mary,
so I took him for the rest of the weekend.
What were you and Chris
arguing about yesterday?
I came by here
and heard you in quite a heated discussion.
It was a personal matter.
Personal matter?
Yes.
Did your argument have anything
to do with this incident report?
This is a mistake Chance,
a misunderstanding.
I wasn't gonna file it.
You weren't going to file it...
You!!!!!
John, what's going on?
Oh...
As if you did not know.
Tommy Jackson has accused you
of sexually molesting him.
Tommy told Chris.
And he confronted you about it.
And that's why the two of
you were arguing yesterday.
And then you go and do it again.
Right here last night.
Last night!? That's ridiculous!
They want to interview you
about this down at DSS.
Save your protests for them.
Say who?
Lucille and that detective
that was with her.
His name is Carter.
John... If I tell you something in confidence,
it will clear this whole thing up.
And what will your explanation be Glenn?
Some homosexual version of the same story
that woman up in Washington gave,
when she was caught,
having an affair with
her 12-year old student?
Jesus Christ Glenn.
First a damn article of yours last year.
Now this.
What's that got to do with anything?
You're kidding, right?
You published an article
in the APA journal.
Saying that a sexual relationship
between a man and boy
can't de facto be declared abusive.
And you think that's not going to have
any impact on this place?
Do you realize that two of our biggest
sponsors almost dropped us?
I had to kiss some major ass
to keep the Ellis foundation.
I haven't kept my views on this
subject a secret, John.
Hell, I wrote my Ph.D. dissertation on it.
I wrote a book about it five years ago.
And that wasn't the only article I wrote.
In fact, let me remind you,
was one of those articles that caused
you to contact me ten years ago,
and start the counseling centers,
here at 'New Horizons'.
Counseling centers with
a worldwide reputation.
That's being copied everywhere.
I'm well aware of your
qualifications, Glenn.
You're not only a gifted therapist,
but a first-rate scholar.
That combination is rare,
and has proven an asset for 'New Horizons'.
I know that you're the reason
we've got the reputation we do.
But we've got to face the facts,
that some of your views are controversial.
And even amongst your colleagues.
And up until now I always assumed
that your interest in this
subject, as you called it,
was academic.
That is bullshit John and you know it.
You know me for ten years.
I pour my heart and soul into every boy
that comes through that door.
How you would even think that I could....
Whatever happened between you and Tommy,
I'm sure, you don't see it as any form....
God damn it, John!
Nothing happened between me and Tommy.
Have you lost your mind?
Look.
Get out of my office!
They want you at DSS at 11 o'clock.
I suggest you talk to a very
good lawyer in the meantime.
Find out what your options are.
Thanks for coming Jim.
Okay Glenn.
What's the matter?
I've been accused of molesting
one of the boys at 'New Horizons'.
Taken you haven't been formally charged?
What do you mean?
The fact that we're having this
conversation here, rather than at the jail,
would mean that you haven't
been arrested for anything.
No, not yet anyway.
I'm supposed to be a DSS right now.
Meeting with Lucille Drake and one of
the detectives from the
Sheriff's Department.
Well... we better get over there then.
So you will go there with me?
Of course Glenn. I'll drive.
You can fill me in on
the details on the way.
So you're were actually in
the boys room last night?
Yes.
Did anyone see you?
Well... I had to sign in and out, Jim.
I can't very well deny I was there.
No... that's not what I meant.
Did anyone see you go in the room?
Tommy's got a roommate, Curtis Sloane.
He was asleep when we went in there.
I don't think he saw anything.
So... From what you can
gather from John Brantley.
This boy is accusing you of
molesting him in his own bed.
Last night after you brought
him back to the home?
Is that right?
That's about the size of it.
Why would he do that?
I don't know.
Glenn...
I can't help you if you
don't tell me everything.
Now you told John this was a mistake,
and then started to
tell him something else.
What was it?
I can't tell you that right now Jim.
Not until I know how far this is gonna go.
I see.
Whatever it was, you almost told John.
As a exculpatory isn't it?
What?
Whatever it is would clear you of this?
I think so, yes.
Then why in the world don't you?
Alright... We'll put that on
hold for the time being.
Glenn...
Let me ask you something.
And don't take this personally,
but I have to ask.
Were you and this kid involved at all?
I mean, in a sexual relationship?
No.
So there's nothing going on that
this kid could turn around on you know?
And don't refer to him like that.
Like what?
This kid.
His name is Tommy.
You care for him, don't you?
I care for all the boys
at 'New Horizons', Jim.
Tommy had a tough life.
You know how he came to 'New Horizons'?
His mother used to sell him for sex.
Then she make videos of it and sell those.
She made a mistake when she started dealing
with an undercover FBI agent
on the Internet.
She got busted.
Tommy became a ward of the state.
Now he's accusing you of molesting him.
It something just doesn't make any sense.
Jim.
You and I have known each other
since we've been to prep school.
You know that I am not capable...
I know that Glenn.
I also know you're not
telling me the whole story.
Will you take my case?
Let's go see if you even
have a case to take.
For now, I'm your lawyer,
on the 50,000 dollar retainer,
against $250 an hour plus expenses.
I'll take a check if you
don't have the cash on you.
Jim. I don't have...
It's just a joke.
Lighten up.
Let's go in and see what they've got.
Okay?
Thank you for coming down Glenn.
I am Lucille Drake,
clinical director of DSS.
And you are?
Jim Aikin, miss Drake.
Dr. Erskine's attorney.
I see.
This is detective Marc Carter of
the Jefferson County Sheriff's Department.
And I'm sure you know Mr. Nathan Moultrie,
the DA for Jefferson County.
If you gentlemen will have a seat,
we'll get started.
Jim... What are you doing here?
This isn't your kind of case.
This isn't a case yet, is it?
Before we get started,
I like to ask a question.
Certainly.
Will this interview be taped?
I'll defer that to miss Drake.
Yes. It will.
Videotaped?
Yes.
Were you planning to
inform my client of this?
Glenn should know.
He's aware of our procedures
in an interview of this sort.
Just a minute please.
Did you know this interview would be taped?
Yes.
Glenn. I'm advising you not to
answer any of their questions.
Unless they agree not
to video the interview.
There's a stenographer
behind that glass, Jim.
They'll have a transcript
of everything I say.
It doesn't matter.
You don't want them to have a tape
of you to show the grand jury.
The grand jury!?
Trust me on this plan.
My client is not going
to answer any questions
if this interview is videotaped.
Look Jim.
Nathan...
He's not under arrest.
So you can't videotape
him without his consent.
And he doesn't consent.
All right counselor.
No tape.
Cut the tape, Mike.
Can we proceed now?
Shoot.
Dr. Erskine.
You know Tommy Jackson, do you not?
I do.
And he is a resident of 'New Horizons', where
you serve as director and chief of staff.
Is that right?
That is correct.
Were you in Tommy Jackson's
room last night after hours?
Yes.
I took Tommy to my son's basketball game.
We were late because
we were at the hospital. And uh...
One of our counselors,
Tommy's counselor as a matter of
fact, was in a car wreck.
He died while we were at the hospital.
Did you take Tommy's clothes
off after you entered his room?
Tommy was upset when we
came back from the hospital.
I helped him get undressed
and ready for bed.
At any point after that,
did you touch him?
Please... make your questions
more specific, Mr. Carter.
Skip that for later.
Dr. Erskine. At any point,
did Tommy touch you?
Again Mr. Carter.
Please make your questions more specific.
Mr. Akin.
I don't see what you
ponder with these questions.
They are simple enough.
They are simple.
Too simple.
You are asking 'yes' or 'no' questions.
My client could answer
'yes' to your question.
Without further qualification,
he could be accused of admitting
to virtually anything that
qualifies as a touch.
Now...
If you want to ask him something specific.
Like: 'Did you punch Tommy in the nose?',
he'll be glad to answer.
Otherwise. I suggest you
move on to something else.
Dr. Erskine.
Did you engage in affectionate contact
with Tommy in his bed last night?
Nathan. Please refrain from asking
vague and loaded questions.
Now.
Unless the boys up at the legislature
have come up with a whole
bunch of new laws that
I haven't heard about,
I don't believe affectionate contact
with a child is a crime in this state.
If it is... we're all in serious trouble.
Dr. Erskine.
Did you engage in petting with Tommy?
In the current situation
we must assume that the
term 'petting' is...
pejorative and therefore
prejudicial to my client.
I would again ask that your
questions be more specific.
All right.
Specifically.
Did you run your fingers
through Tommy's hair, massage his scalp?
Yes.
His back?
Yes.
His buttocks?
No.
Did you at any time fondle Tommy?
No, I did not.
Did you masturbate Tommy to orgasm?
I don't believe this!
Look. Just answer his question.
No. I did not masturbate Tommy.
Did he tell you I did?
Dr. Erskine. Did you perform anal
intercourse on Tommy last night?
You've got to be kidding.
Please answer the question.
No. I did not.
For God's sakes.
I was only in his room for a few minutes.
Curtis Sloan was there the whole
time just ten feet away.
Do you actually believe I would try
something like that with Tommy's
roommate right there?
Dr. Erskine. Did you visit Tommy
at the school yesterday morning?
Dr. Erskine.
Would you like me to repeat the question?
Yes. I went to Tommy school yesterday.
And you removed him from class, correct?
Yes.
And where did you go,
once you removed him from class?
He... we went to the bathroom.
Tommy had to use the bathroom.
And uh... what did you and Tommy do
after you went into the restroom?
Tommy urinated. Like I said.
He had to use the bathroom.
And uh... where were you
while he was urinating?
Well... over by the sinks.
You did not stand beside him
and watch him urinate?
I did not.
You did not stand beside him and
made comments about the size of his penis?
No.
After Tommy finished urinating,
did you ask him to fondle himself
to produce an erection?
What?
Did you?
Like I said, I was standing by the sinks.
Tommy was over at the urinal.
After Tommy finished urinating.
Did you perform oral sex on him?
Did Tommy tell you that
I did all these things?
Answer the question please.
No. I did not.
Tommy urinated and then we talked.
That's all that happened.
Did he perform oral sex on you?
I don't believe this. I don't believe this.
Just answer his question.
No, no, no, no, no!
Tommy and I talked. We talked.
That's it.
About what?
It was a personal matter.
Did it have anything to do
with Sunday night at your home?
What?
Dr. Erskine...
Tommy Jackson spent Sunday
night in your home, did he not?
Nathan. At this time I'm advising
my client not to answer
any further questions.
This interview is concluded.
Thank you.
I uh....thank you for
going with me to the DSS.
It's clear to me now, I would have
blundered pretty badly without your input.
Buddy. You blundered pretty bad
with me sitting right beside you.
I have to tell you Glenn.
I'm having second thoughts
about representing you in this matter.
Jim. You don't think...
I didn't mean that Glenn.
But Moultry was right.
This is not my kind of case.
I'm not a criminal defense attorney.
Hell. I'm not even sure what
they can charge you with.
Well. I've had to testify as an
expert in a lot of cases like this.
And I'm pretty familiar with the law.
Tommy is under fourteen and he's
telling them that I sodomized.
I'm looking at a charge
of.... felony sexual conduct.
It's a felony, Jim.
You see.
You want me to be your lawyer,
and I didn't even know that.
It doesn't matter.
You're the best lawyer in town.
And you're my friend.
Now... if it's a matter of money...
Hey... If you ask me to represent
you, then I will.
There is no matter of money.
I'm asking you to represent me.
Then I will.
You now have an attorney.
Probe on.
Are they going to arrest me?
Ooh, yeah.
You asked me a straight question. Glenn.
You better expect a straight answer.
Do you actually think
they're going to arrest me?
Yeah!
Why?
Glenn. This is serious enough for the
DA himself to be in on it at this stage.
They know everything
Tommy is accusing you of.
We don't.
There's more to this than just
last night in Tommy's room.
We've got the restroom at school yesterday.
And there's this deal with Sunday night.
Tommy spent the night at your house?
Yes.
Why?
It's a long story.
Okay. We'll save it for later.
But what in the world were you doing
in the restroom with him at his school?
I had something important
to discuss with him.
Involved up in the
restroom, just like I said.
Tommy had to pee. It's as simple as that.
And then that business about
me watching him urinating...
About me having oral sex with him?
That's all nonsense.
I mean Tommy walked over.
He sat down next to me
after he was finished.
And we talked. That's it.
Don't suppose, there was anyone else
in the rest room who could verify?
No. We were alone.
What was so important that you drove out
to Tommy school and took him out
of class to discuss it with him?
I can't tell you that.
I promised someone I wouldn't... reveal it.
And I just can't. That's it.
I take it, you're speaking of whatever
it was, you almost told John Brantley?
Yes.
And Sunday night is tied
to this in someway?
Yes.
And whatever this is, you won't reveal?
It will clear you of this accusation?
Probably.
Or couldn't make me look even more guilty.
Well... I think you've
given me enough clues
that I can figure out,
at least partially, your predicament.
See if this sounds about it right.
Tommy Jackson was molested.
You didn't do it but you know who did.
I'm guessing, it was someone else
connected with 'New Horizons'.
And for some reason,
you agreed not to report the person.
Am I right?
How do you know?
I thought so.
For the life of me Glenn,
I can't figure out why
you would not report it.
Who did it?
Who would you be willing
to go to jail to protect?
I can't tell you that right now.
Glenn.
I have to tell your buddy.
You came across guilty as sin back there.
It's only a matter of time
before you're charged.
I am innocent.
I know.
But it's time for a reality check.
Once you're accused of this,
your life as you know it is over.
You may be cleared of all charges,
but the accusation will stay with you,
for the rest of your life.
Just the mere suspicion
that you might have done it
is enough to taint you.
Once you're accused of molesting a child,
there simply is no return to innocence.
Dad...
Where's mom?
To Benjamin, to get some icecream.
She should be back by now.
Why?
What's going on?
We're skindipping dad.
We don't have anything on.
Wanna come do with this?
No son.
I just came out to check on you guys.
What is this all about?
Are you okay, daddy?
What do you mean?
You've been acting weird today.
I just had a really bad day, son.
Don't worry about it.
Go and play with your friends.
Glenn Michael Erskine.
Where are your clothes, son?
Officer.
This is my son.
Twenty-one.
Suspect is behind the house at the pool.
He got a naked boy back here.
Look officer. I can explain.
Was he molesting you, son?
This is my dad, you asshole.
Peter... You apologize to this
man, right now.
Sorry.
Glenn Michael Erskine.
I have a warrant for your arrest for the
sexual molestation of Thomas Wayne Jackson.
You have the right to remain silent.
If you give up that right...
Anything you say may be used
against you in a court of law.
You have the right to an attorney.
If you can't afford one,
we provide it for you.
You understand these
rights as I explained them?
Yes.
Daddy!
Honey...
Come get him
All right doctor. It's time to go.
Call Jim Aikin, honey.
Tell him what has happened.
He'll know what to do.
The defendants plea of not
guilty on all charges is ended.
Let the record show that,
based on the evidence
and testimony presented,
the court finds probable cause
that the defendant Michael Erskine
commit the crimes from
which he has been charged.
The defendant will remain
free on his own resident
until the grand jury makes
its ruling in this matter.
You really tied my hands in there, Glenn.
And you virtually guaranteed
this is going to trial.
All because a promise
you made to a dead man.
I can't help it, Jim.
I promised Chris Manning
I wouldn't let his wife find out.
And I won't.
And I'm doing this as much
for Tommy as I am for Chris.
For Tommy!?
Glen.
Listen to me!
You're going to trial for a crime
that could put you in jail
for the rest of your life.
We could make all this go away.
Right here, right now.
But you wouldn't let me use the
one defense that could clear you.
Well... that'll all change at the trial.
What do you mean?
I mean, you may not be willing
to tell me what happened.
When I get Tommy Jackson on the
stand, he will.
You can bet on that.
Now you listen to me, Jim.
I don't care what Tommy says I did to him.
You will not vilify him in that courtroom.
And you will not do anything to force him
to break my promise to Chris.
Do you understand?
Hell no!
I don't understand.
Chad.
Why aren't you in school?
I felt sick this morning when I got up.
Glenn...
None of us believed you did it.
That's what we told that DA-guy.
Thanks Chad.
And remember to say thank you to the boys,
will you?
Yeah.
I gotta go.
Bye Chad.
See you Glen.
Is the prosecution ready?
Yes, your honour.
The defence?
Ready, your honour.
Mr. Moultrie.
You may begin.
Thank you, your honour.
I plead the court.
Ladies and gentlemen of the jury.
As the judge informed you yesterday,
before you took your oath.
This case involves the
most heinous of crimes.
Child sexual molestation.
That of a 13 year old boy,
under the care of the defendant.
The evidence will show
ladies and gentlemen,
that Dr. Glenn Erskine
sexually assaulted this boy
on three separate occasions.
The evidence....?
The boy himself will tell
you what this man did to him.
And there will be medical testimony
that will corroborate the boys testimony,
that he was brutally
sodomized by the defendant.
The facts will show,
Dr. Glenn Erskine is a
man with a long history
of deviant pursuits and interests.
All shrouded in a pseudo legitimacy
of clinical professionalism.
The fact? The facts will show, that the
defendant is indeed a pedophile.
His own published writings
will tell you his beliefs,
on pedophilia and sex with children.
He is in favor of it.
That's a lie.
Dr. Erskine. I will not tolerate
any outburst in my courtroom.
Mr. Aikins.
I expect you to
keep your client under control.
Yes, your honour.
Sit down Glenn.
But he said...
Down Glenn.
I believe ladies and gentlemen of the jury,
that, once you have heard
all the facts of this case,
that you will find that Dr. Glenn Erskine,
without a doubt, is a pedophile.
That he committed these terrible crimes,
and he should be punished for it.
Mr. Aiken.
Thank you, your honour.
The facts...
The evidence...
What are we to do with the facts?
That is after all what
this case is all about.
The facts.
I studied philosophy under a professor
who taught that there is no such
thing as an uninterpreted fact.
No fact exists outside
our interpretation of it.
Let me give you an example.
Suppose we see the fact of a car wreck
out in front of the courthouse.
That fact does not remain,
not even for a split second,
an uninterpreted event.
We hear the screech of tires.
We see the metal bend, the glass breaks,
and immediately our minds are at work.
Contextualizing, grappling,
trying to understand.
Did the brakes fail?
Did the driver not see the stoplight?
Perhaps he was intoxicated.
Perhaps he was a madman,
bent on destruction.
Perhaps, perhaps, perhaps.
And so it goes.
Until we are comfortable
with an interpretation,
which seems to fit the
facts as we understand them.
And the more we know about the facts,
the closer our interpretation
comes to being accurate.
Closer it comes to the truth.
And that is really what
this case is all about.
Looking at the facts in the proper context.
I'm trying to reach an
interpretation of them,
which is as close to the
truth as humanly possible.
I would submit to you that many
of the facts in this case
are incontrovertible,
others the prosecution
would like you to believe, or such.
But they really aren't.
But in the end. You are the finders
of fact, ladies and gentlemen.
You must put the facts
in the proper context,
in order to understand.
In order to interpet.
In order to arrive at the truth.
Mr. Moultrie has already
given you a context
in which to interpret
the facts of this case.
Did you catch it?
Did you realize that's what he was doing?
The context Mr. Moultrie sets all the facts
against his sexual deviance... pedophilia.
And that's the context
in which he wants you
to interpret the facts of this case.
But is that the correct context?
In one sense it is.
My client does have an interest
in pedophilia and child abuse.
He has two earned doctorates.
One clinical degree in which he was trained
as a therapist.
A therapist for what?
The treatment of sexual abuse victims.
His other doctorate is a clinical
study into the phenomenon of pederast.
I noticed, this is a term most
of you are not familiar with.
Broadly defined: 'Pederasty' is the close
intimate and sometimes sexual relationship
between a man and a boy.
It has existed for thousands of years
and it perplexes most people
Like Mr. Moultrie here.
Who would like to dismiss it,
as just another form of child abuse.
But even though the psychological
community is aware of this phenomenon,
they don't like to talk about it too much.
Dr. Erskine is considered a
leading expert on this subject
and has published numerous books
and journal articles on it.
But does that make him a child molester?
Thus someone whose research interests
are in say serial killers and mass murder
make that person a murderer?
I think we all know the
answer to that question.
So... Let me leave you with one
thought, ladies and gentlemen
Once you look at the facts of this case
in their proper context,
every bit of evidence
that I and the prosecution will present,
every word of testimony,
will point to one simple truth.
Glenn Erskine did not
sexually molest Tommy Jackson.
You may call your first
witness, Mr. Moultrie.
Thank you, your honour.
The state calls Thomas Wayne Jackson.
Raise your right hand, young man.
Do you solemnly swear, or affirm that
the testimony you are about
to give is the truth,
the whole truth,
and nothing but the truth?
Yes.
Please, sit down.
Please state your full name.
Thomas Wayne Jackson.
Everybody just calls me Tommy.
And how old you Tommy?
Thirteen.
And how long have you been a resident
at the 'New Horizons'-Boys home?
Uh... about five months I think.
So you are a resident there
this last September? Correct?
Yeah.
The night,
the weekend of September 16th,
you spent that weekend at Dr. Erskine home.
Correct?
Yes.
Tell what happened the last night there.
The night of September seventeen.
Glenn... came in my
room after I got to bed.
He got in bed with me.
And started hugging and kissing me.
And where did he kiss you, Tommy?
On the face at first, and then on the neck,
and then on the lips.
He stucked his tongue in my mouth.
And what happened next?
He started kissing and licking my chest.
Was he doing anything else
to you at the same time?
Yeah.
He was feeling me up.
You mean Dr. Erskine
was touching your penis?
Yeah... sort of.
I still had my underwear on.
Did Dr. Erskine had his hand
inside your underpants?
I don't remember.
I think so.
And what happened next?
Glenn.... pulled down my underwear.
He did it with his mouth.
Dr. Erskine performed oral sex on you,
didn't he, Tommy?
Yeah.
And what happened when Dr. Erskine finished
performing oral sex on you?
He said he wanted me to do to him.
So... Dr. Erskine made you
perform oral sex on him?
Yeah.
Then what happened?
I laid down beside.
Glenn put his arm around me.
We laid like that for a while.
He started rubbing his hand
through my hair and stuff.
I finally went to sleep.
But Dr. Erskine woke you later,
didn't he, Tommy?
Yeah.
And how did Dr. Erskine awaken you?
I was lying on my stomach.
I woke up and I felt something.
Glenn was....
What was Dr. Erskine trying to do, Tommy?
I don't want to talk about this anymore.
Permission to lead, your honour.
Go ahead.
Dr. Erskine performed
anal intercourse on you.
Didn't he, Tommy?
Yeah.
Dr. Erskine come and visit you
the next day at school?
Yeah.
Did doctor Erskine follow you into the
restroom, the next day at your school?
Yeah.
And while in the restroom,
Dr. Erskine performed oral sex on you,
and made you perform oral sex on him.
Is that correct?
Yeah.
And in your room, the 'New Horizons'
boys home, later that night,
Dr. Erskine performed
oral and anal sex on you.
Didn't he, Tommy?
Yeah.
Thank you Tommy.
I know this was difficult for you.
No more questions, your honour.
Your witness, Mr. Aiken.
Uh... No questions, your honour.
You may stepdown young man.
We've been going for a while.
Let's take a ten minute recess.
I don't believe you did
anything to that boy.
Thanks.
I think you're the only one.
Do I know you?
So tell us what you saw, when you awoke,
to find Tommy and Dr. Erskine in your room.
Well... They were some kind of quiet.
So I couldn't hear much.
Glenn helped Tommy get undressed.
Did he take his clothes off or not?
Objection your honour!
Asked and answered.
Not quite Mr. Aiken.
Answer Mr. Moultrie's question, young man.
Did the defendant take off Tommy's clothes?
Yes Ma'am.
Proceed Mr. Moultrie.
Now you said you didn't hear much.
What did you hear?
They talked about Chris some, I think.
When I heard Glenn say something
about not wanting to tell anybody.
And it being a secret.
What being a secret?
I don't know. I couldn't hear
what they were talking about.
And what happened next?
Well... Glenn got up to leave
and turn the lights out.
Tommy asked him to stay.
Did Tommy say anything else to Dr. Erskine,
after he asked him to stay?
Yeah...
Well.. What?
He said:
'Do what you did to me last night.'
Then what happened?
Uuhhh. Well... it was pretty dark
so I couldn't see much.
I think that Glenn got in the bed
with Tommy, cause he said:'Scoot over'.
Then I heard Tommy say...
Uhhh...
What did Tommy say?
He said: 'That feels good',
or something like that.
Thank you, Curtis.
No more questions, your honour.
Your witness, Mr. Aiken.
Thank you, your honour.
Hi Curtis.
Hi.
I... only have a few questions.
Nothing too complicated. Okay?
Okay.
Now. You told Mr. Moultrie
that it was pretty dark in the room.
Was there any light at all?
A little bit, coming from the hall.
The hall outside the room?
Yes sir.
So the door to your room was open
while Glenn was there?
Yes sir.
Hmm... I see.
Let me ask you something, Curtis.
Do you like backrubs?
I guess.
A backrub feels good, doesn't it?
Yeah. I guess.
And when Tommy said: 'It felt good'.
You couldn't see what Glenn
was doing with him, could you?
No.
So... As far as you know,
he could have just been
rubbing Tommy's back.
Is that right?
I don't know. I couldn't see anything.
So... Are we going to lunch?
Oh well.
The Backstreet cafe is
not too far from here.
Sounds good.
Let's go.
Dr. Peck.
You performed the physical
examination on Tommy Jackson
the morning of September nineteen. Correct?
Yes. That's correct.
And what were the results
of your examination?
No bruises or signs of physical trauma
in the genital area.
Some evidence of dried
semen in the pubic hair.
The victim had a relaxed anal tone.
Slight dilation, with no faeces
present in the rectum.
Some tearing around old scar tissue.
Victim's underpants were stained with blood
and fecal matter in the seat.
Semen stains evident in the front.
That's about it.
What is your diagnosis?
Based upon your examination, Dr. Peck?
That the victim had been penetrated anally.
Thank You Dr. Peck.
Nothing further, your honour.
Mr. Aikin. You may cross.
Dr. Peck.
You can't tell us what the boy
was penetrated with, can you?
No.
Did you find any semen in his rectum?
No.
Dr. Peck.
At the time of the examination.
Were you aware of the
timeframe of the alleged abuse?
No. I was not.
In fact, you are not
aware of the timeframe,
until you and I met three days ago
to discuss your testimony.
Isn't that correct?
It's correct.
All right, doctor.
What time on the morning of December
19th did you examine Tommy Jackson?
A little after seven.
And based on your findings,
and in your expert opinion.
How much time had elapsed
from the time of the incident
until you examined the boy?
One, maybe two hours at the most.
And what leads you to
this conclusion, doctor?
That the boys' anus was still
slightly dilated when I examined him.
Mmmm.. Based on your expert opinion,
the incident occurred sometime between
five and six o'clock that morning.
Is that correct?
Yes.
In my opinion.
And... If the incident had occurred between
eleven and twelve the previous night.
Would the boy's anus has still been
dilated at seven the next morning?
No.
Uh.... So what you're saying Dr. Peck is
that Tommy Jackson was penetrated anally,
but it did not happen in the time frame
That Dr. Erskine was in the boys room.
Is that correct?
Yes.
Thank you doctor.
You've been very helpful.
Would you like to redirect, Mr. Moultrie?
Yes, your honour.
Dr. Peck.
Even if your findings show that the boy
was penetrated earlier that morning.
Does that eliminate the possibility
that he was penetrated the night before?
No. it does not.
Thank You, Dr. Peck.
No further questions your honour.
You may step down doctor.
We're going to take a brief recess.
Mr. Carter.
Let's go back over the testimony
and evidence
that you and Mr. Moultrie
have just presented.
I just want to be sure that I understand.
Okay.
These child pornography magazines you
found in my clients home.
Where exactly did you find them?
We found them in a box in the Attic.
Was it this box?
No. I believe the box we found them in
had to be thrown away.
And why is that?
Because the bottom fell out of it.
The bottom fell out of it?
Why?
It was old. The tape had dry rotten.
I see.
So the box was sealed with tape?
Yeah.
And was there any writing on the box?
Yes.
And what was it?
The box had written in black ink:
'Research materials for
dissertation 1982 to 84'.
So...
Given what was written on the box.
And the nature of my clients research.
Did you not conclude that he had
these materials for a legitimate reason?
Mr. Aiken.
Under the law,
there is no legitimate reason
for the possession of child pornography.
Really?
Huh... Who is in possession of
that child pornography now?
Jefferson County Sheriff's Department.
Is the Sheriff's Department in violation
of the law,
by possessing child pornography?
No.
Why is that?
Because evidence in a criminal case.
So your previous statement that
there is no legitimate reason
under the law for the possession of
child pornography is... not correct, is it?
Yeah. I suppose.
Mr. Carter.
Did you notice the numbers,
printed on the inside back cover
of each of the magazines
which contained explicit sex?
Yes.
Did you wonder what those were?
I assumed I knew what they were Mr. Aiken.
Most pedophiles,
who collect child pornography,
have elaborate cataloging
systems to sort their collection.
I see.
Wouldn't it be fair to say that,
today in this age
of computers and the internet,
that most pedophiles trade
and store such pictures
electronically on their computers?
Yes.
You testify and direct that you
seized Dr. Erskine's computer.
Did you find any pornographic images,
stored on his computer?
No.
But as I said.
Yet dozens of 'so-called boy-love
websites ' bookmarked in his web browser.
Did any of those sites contain
illegal images of children?
No.
So... once again.
Based on Dr. Erskine's research interest.
The facts...
the fact that he visits such websites
doesn't mean he is a pedophile
now, does it?
If he was not accused of molesting a
boy, Mr. Aiken.
I might agree with you.
Mmm. And speaking of Dr. Erskine
research interest.
You and Mr. Moultrie went to great lengths
to point out that Dr. Erskine
has publish articles and books,
in which he does not condemn out of hand
the idea of a consensual
sexual relationship
between a man and a boy, being non abusive.
In all of Dr. Erskine 's writings...
Did you find anything in which he
advocates sex between adults and children?
No.
But I recall.
And... what of Dr. Erskine 's Ph.D.
dissertation?
You... You seized a copy of it when
you searched his home. Correct?
Yeah.
Did you read it?
I skimmed it.
Permission to approach the
witness, your honour.
Go ahead.
Please read the titlepage, Mr. Carter.
Pederasty: An investigation
into the phenomenon,
focusing on the psychosexual aspects of
consenting boys.
By Glenn Michael Erskine, Ph. MS.
The dissertation is
submitted to the Faculty of
psychology at the
University of Pennsylvania.
In partial fulfillment of the
requirements for the degree
of Doctor of Philosophy. May 25, 1984.'
Mmm. Please turn to the
Appendix in the back, page 516.
Are you looking at page 516, Mr. Carter?
Yeah.
And what is on page 516?
It uhh.. It appears to be a letter from the
Chief of Police for the
City of Philadelphia.
Dated..uuhh.. April 4th, 1983.
You've not read this letter
before, have you?
Uuhh. No.
Please summarize its contents for us
now, Mr. Carter.
It basically says that doctors
can notify the Philadelphia
Police Department
of the nature of his investigation into,
say... sexual relationships
between men and boys,
including void prostitution.
The letter states that the doctor is
going to inform the police department, that
in the course course of his research,
he had accumulated
explicit child pornography
and that the materials
were registered in March
by the police department.
And a list of registered
materials is attached,
and on record with the
City of Philadelphia.
The letter is signed
by the Chief of Police.
Thank you, Mr. Carter.
Oh... no more questions, your honour.
Tell us a little bit about
yourself, Mr. Tyne.
I'm 39 years old.
I'm gay,
and... I'm HIV-positive.
And where do you live?
In Providence Rhode Island.
Tell us.
How you know the defendant?
Glenn Erskine was my professor at Penn,
seventeen years ago.
I was his research assistant.
I was in the clinical master's program.
Glenn already had a clinical doctorate.
And he was working on his Ph.D.
And that's what I was helping him on.
And what information do you have
as pertinent to this case?
In the course of our research
I witnessed Glenn having sex with boys.
That's a lie.
Quiet.
Dr. Erskine sit down.
Please continue, Mr. Tyne.
We were doing research on boy prostitution.
Glenn would go down to Center City,
and bring boys back to his
apartment to... interview them.
We even went to New York.
One morning, we hooked up with some kid.
He was around eleven or twelve.
On 42nd Street, he propositioned us, and
Glenn asked him if he had had breakfast.
So we went in some little diner and ate.
And what else happened at that diner?
Glenn and I had sex with
the kid in the bathroom.
Continue Mr. Tyne.
What else happened?
The kid spent the night in
Glenn's hotel room that night.
Thank you, Mr. Tyne.
Your witness.
Mr. Tyne. You stated that you were
in the clinical master's program
at the University of Pennsylvania.
Do you work as a therapist now?
No.
Have you ever worked as a therapist?
No.
You never completed your degree,
did you, Mr. Tyne?
No.
Why is that?
You were dismissed from the program,
isn't that correct?
The truth is Mr. Tyne.
You did have sex with that boy in New York.
You paid him ten dollars to allow you
to perform oral sex on him
in the public restroom.
And Dr. Erskine caught
you and he reported you
to the Disciplinary
Committee at the school.
And you were kicked out.
Correct?
Mr. Tyme.
I'm prepared to introduce into evidence a
transcript of that hearing,
as well as a copy of
the committee's report.
Do you want me to do that?
All right.
I... Glenn did report me.
But... he had sex with the kid too.
And I told them that.
Yes... you did.
And they obviously found you as
credible as everyone here does today.
No more questions, your honour.
The witness is excused.
Mr. Moultrie.
Do you have any more witnesses?
No, your honour.
The state rests.
We're going to take a thirty minute recess,
and then the defense can
call its first witness.
I'm gonna stretch my legs,
get a glass of water.
Don't go far.
You have to be here in thirty minutes.
Don't remind me.
Can I help you?
My name is David Fayne, Mr.Aiken.
I've got something very important
to tell you about your client.
You wish to call this man as a rebuttal
witness to Mr. Tyne's testimony?
Yes, your honour.
You did a pretty good job of
discrediting that witness.
Is the rebuttal necessary?
We believe it is, your honour.
Mr. Moultrie...
No objections, your honour.
Tell us how you know the
defendant, Mr. Fayne.
I met him once when I was a boy.
And where was that?
New York City, in 1983.
You are the boy whom the
previous defendant spoke off?
Yes. I am, Mr. Aiken.
Mmm....
In December of 1983, I was
a twelve year old boy prostitute,
living on the streets of New York.
And how old are you now?
Twenty-nine.
Have you seen or had
contact with Dr. Erskine
since you met him that one time in 1983?
No, I have not.
Why now, Mr. Fayne?
Because... When I heard about the case,
I couldn't believe it.
I... I couldn't believe that the man,
who saved me almost twenty years
ago, was capable of abusing a boy.
I... Uuhh... I just came
to watch the trial, really,
But after what William Tyne said.
I knew I couldn't keep silence.
You're not afraid that
testifying to your
activities back then will ruin you
now, Mr. Fayne?
It doesn't matter.
All I have,
all I am today, I owe to one man.
And he's sitting right there.
And what do you want to tell
us about Mr. Tyne's testimony?
He was only half true, Mr. Aiken.
I did have sex with him in
the restroom that morning.
And Glenn did walk in on us.
But nothing happened between me and Glenn.
And did you go to Dr. Erskine' hotel
room, as Mr. Tyne said?
Yes.
But nothing happened.
We talked a lot.
I told Glenn about how I
wander upon the streets.
It was.. I don't know how to
explain it to you so you can understand.
But...
No adult had ever listened to me before.
Glenn listened.
I mean, he was really interested in me,
and what I thought about things.
And how I felt about things.
Anyway...
We talked for a long time.
I was laying on the bed
and I fell asleep.
When I woke up, Glenn was gone.
He left a note,
saying he'll be back in a couple of hours.
I watched some TV and I took a shower.
I have just gotten out of the shower,
when Mr. Tyne came to the door.
He tried to pay me to have
sex with him again.
But I refused and I told
him I start yelling,
if he didn't leave me alone.
And what happened when Dr. Erskine
returned to the room?
He had Santa Claus with him.
And a whole bunch of presents.
Santa Claus?
Yes.
It was like the week before Christmas.
The Santa Claus was the Salvation Army
guy from out in front of the hotel.
I had seen him there earlier.
And what kind of presence
did Doctor Erskine had for you?
Oh..
Some new clothes.
A coat.
A radio.
But...
This was the most important gift.
A key?
Yes.
Glenn handed me this and told
me it was the key to my future.
He said, that if I wanted
to leave the streets,
this key would let me do it.
What's funny?
Nothing... it's just that I asked
him if this was a magic key.
He said 'no'.
This is the key to room number nine
in the Catholic home for boys in Manhattan.
He had already spoken to
Father Lambert about me.
And he said I was welcome.
Glenn said that it would mean
going back to school again.
And working hard, to catch
up with the other kids.
But he knew, I could do it, if I wanted to.
That I had never have to
sell myself to men again.
The key to my future was in my
hands, he said.
Did you spend the night with Dr. Erskine?
Yes.
The room had two beds?
Yes.
But I have to tell you.
I slept in the bed with Glenn.
I... I just wanted to be close to him.
But you did not have sex?
No.
What happened the next morning?
After breakfast,
he took me to the boy's home.
And from that day on,
I never walked the streets again.
And you never saw Dr. Erskine
again, did you?
No.
He gave me his business
card, and told me that,
if I wrote to him, he'll write me back.
But I never did.
But I never forgot about you, Glenn.
And I never stopped loving you.
Likewise.
You have a family now, David?
Yes.
I've been married for almost ten years now.
Any children?
Two.
My... son is six,
and my daughter is four and a half.
And what are their names, Mr. Fayne?
My little girl's name is Christine.
And my son... is named Glenn.
Glenn Michael Fayne.
Thank you for testifying David.
I have nothing further, your honour.
No questions, your honour.
Mr. Fayne, you are excused.
And thank you.
Mr. Aiken. You may call your next witness.
Your honour. The defense
calls Glenn Michael Erskine.
I hope this works.
It will.
Please raise your right hand.
Do you swear or affirm that the
testimony you are about to give
is the truth, the whole truth,
and nothing but the truth?
I do.
Proceed Mr. Aiken.
Dr. Erskine.
Did you sexually molest Tommy Jackson?
No.
Thank you.
Nothing further, your honour.
Okay.
Your witness Mr. Moultrie.
Your honour. May we approach?
Your honour. It is obvious what Mr. Aikin
is attempting to do.
He is trying to limit my cross, by only
asking that one question.
Your honour. Sorry if the D.A.
does not like my question.
He got Dr. Erskine 's
writings into evidence
through his own witness.
I'm not about to let him use my client
to do it all over again.
All right. Mr. Aiken.
Interesting move, I have to admit.
Counselor. You know the rule.
The scope of your cross is limited to
what Dr. Erskine testified to on direct.
But your honour!
I'm sorry Mr. Moultrie.
He got you on this one.
A setback.
Dr. Erskine.
Let's talk about Tommy Jackson.
What would you like to know, Mr. Moultrie?
You expect us to believe,
that everything this boy has
told us that you did to him,
that he has recounted in such
detail, is utter fabrication?
That he just made it all up?
No.
He didn't make it all up.
Oohh...
So then you admit that you did do some
of the things he said you did to him?
Yes.
So you admit that you sexually
molested Tommy Jackson?
I admit no such thing.
I just said that he didn't
make it all up.
I did do one thing that he said I did.
And what was that?
That night in the room.
I kissed him.
I kissed him on the forehead,
before I left the room.
But he was already asleep,
so he would not remembered that.
You kissed him on the
forehead, and that's all?
Yes.
Then why is he saying you did
all these other things to him?
I wish I knew Mr. Moultrie.
No more questions, your honour.
Very well Dr. Erskine.
You are excused.
Mr. Aiken would you...
Glenn, I'm sorry.
I never thought this would happen.
Hold on. What's this?
I wanne see counselors in my chambers now.
Mr.Aiken. Please bring your client.
Mr. Moultrie. Bring Mr. Jackson.
Young man. Look at me.
Did Dr. Erskine sexually molest you?
No.
Who did?
Nobody.
Your honour
Tommy was involved with a friend.
An older friend at 'New Horizons'.
When I confronted this friend about
it, he begged me not to report it.
He knew that if I did, they'd be separated
and never see each other again.
So I agreed.
I told Tommy, I wouldn't tell.
And you're not going to tell
us now who it was, are you?
No ma'am.
Is what Dr. Erskine just
said the truth Tommy?
Yeah. I mean: 'Yes' ma'am.
Then why did you accuse him of this?
Do you realize what you have done?
I'm sorry. I didn't think. I...
It's okay Tommy.
I understand.
I take it. Mr. Moultrie,
you are prepared to drop all
charges against the defendant?
Yes your honour.
Step outside please and call the bailiff
and take Mr. Jackson into custody.
Your honour... Please don't do this.
Dr. Erskine.
Purgery is a very serious offense.
Your honour I'm begging you. Please.
This boy has been through enough.
Nothing good will come if you do this.
Please!
Mr. Moultrie?
I can't see putting him through
the ID either your honour.
Why in the world did you
let this get this far?
I promised Tommy I wouldn't tell.
That doesn't make any sense.
I suppose not.
But it makes sense to me.
Was it worth it?
That depends.
On what?
It makes sense to him.
Glenn... I'm sorry.
I know. I know.
Almost a year has passed
since the trial ended.
John Brantley called me the day
after the case was dismissed,
To say I was welcome to
come back to 'New Horizons'.
There was a part of me that wanted to
say: 'Great, I'll be back tomorrow.'
A part of me that wanted to say:
'Go to hell. Won. Out.
I received a letter, not long ago,
from Tommy. With a picture enclosed.
He is staying with a family who
started adoption proceedings.
He told me how happy he is.
He told me again how sorry
he was for what he did to me.
And he thanked me for what I did for him.
Jim was right.
There is no return to innocence.
A local TV station interviewed
some of the jurors after the trial.
Two were firmly prepared to vote guilty.
And I still hear talk that I must
have gotten away with something.
But I no longer worry about this.
The people who matter to me the most,
know the truth.
Tommy Jackson and I share
the simplest truth of all.
You cannot return to a
place you've never been.
As I looked at the photograph
in my hand that day.
I remembered the question
Moultrie me in the judge's chambers.
'Was it worth it?'
You tell me.