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1 have any interest in putting in any evidence about that.

2 THE COURT: Well, then where is the knowledge going

3 to come from?

4 MR. STILLEY: The knowledge is going to come from

5 actual observation, physical witness of this.

6 THE COURT: Overruled. Let's move on to the next

7 then. We're through with that. Let's go to the next

8 subject.

9 MR. STILLEY: Am I prohibited --

10 THE COURT: You are not permitted because you say

11 you have no evidence. Let's move on. You are prohibited

12 because you just told me you got no evidence.

13 MR. STILLEY: Wait a minute. What am I prohibited

14 from doing? I'm not trying to be hard.

15 THE COURT: From this whole situation about a

16 policy. You just told me that from observation. I mean, you

17 have to -- he has to have been told or seen it someplace or

18 where else is he going to get it from? What did he observe?

19 What he told us he observed was just the opposite. That's

20 what he told us he observed. Is that the policy? That's

21 what he observed. Now, you're going down the same road we've

22 been down. And I've sustained an objection to that. Okay.

23 So you can't go back down that road.

24 MR. STILLEY: Okay. I'm not trying to be difficult.

25 THE COURT: Yes, you are. Fine. Then go to another

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1 subject matter.

2 MR. STILLEY: Okay. But I need to know exactly what

3 you mean when you say another subject matter.

4 THE COURT: Whatever else you want to put on,

5 because you've exhausted this one.

6 MR. STILLEY: Okay. What I'd like to do is to ask

7 about -- just what you asked me to ask, did somebody tell you

8 anything relating to the no-touch policy.

9 THE COURT: We're not talking about somebody walking

10 down the street or something, we're talking about somebody

11 who has a basis of authority or something in writing. You

12 asked him the policy. And then he wants to tell about

13 somebody slamming somebody else. Please. That's showing

14 that the policy is slamming. That's not showing the policy

15 is not about no touching. I mean, come on. That's not

16 responsive.

17 MR. STILLEY: Okay. If it doesn't violate the

18 Court's order, what I want to do is ask him whether he has

19 personal knowledge based on what you said, somebody telling

20 him, not doing but telling him or something in writing about

21 a policy related to --

22 THE COURT: Fine, then do that.

23 MR. STILLEY: Okay.

24 BY MR. STILLEY:

25 Q. Mr. Blair, do you have anything either in writing or

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1 that was spoken to you by someone in authority of some sort

2 at Mountain Park concerning a no-touch policy or the policy

3 of Mountain Park and/or Palm Lane concerning touching other

4 students?

5 A. No, sir.

6 Q. Nothing either spoken or in writing?

7 A. No, sir.

8 THE COURT: You just asked that question. It took

9 all this time for us to get to that. I told you, move on

10 now.

11 Q. Now, when you got to Mountain Park, were you assigned

12 an orientation guide?

13 A. Yes, sir.

14 Q. Can you explain to the jury what an orientation guide

15 is?

16 A. The orientation guide is given in orientation to a

17 student which is basically they are the babysitter and they

18 watch the student. The student can't get out of arms length

19 or what they call slapping distance. They will be in the

20 bathroom with them at all times or that distance is kept at

21 all times throughout the day, whether it be in the shower or

22 school or whatever.

23 Q. And can you tell us what orientation means?

24 A. Well, there is different levels of freedom at Mountain

25 Park. On orientation you're basically stuck with that

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1 orientation guide for, I believe I was told about two months.

2 Then you become a student, which would just be a single

3 student who can be in certain rooms by himself without having

4 an orientation guide as long as the orientation guide is

5 around. There are -- then there's the other level of

6 orientation guide and which is above the student level. And

7 they -- the only difference is they have orientation student.

8 Q. Okay. And when you first got there were you an

9 orientation student?

10 A. Yes, sir.

11 Q. Did you ever get off orientation?

12 A. No, sir.

13 Q. How long were you there?

14 A. Five months.

15 Q. And can you tell the jury what is meant by the term

16 staff worker?

17 A. Any of the defendants.

18 Q. Can you tell the jury what a junior staff worker is?

19 A. It's one of the students who works for the staff.

20 Q. Now, while you were at Mountain Park did you ever get a

21 copy of the rules?

22 A. No, sir.

23 Q. Did you ever ask for a copy of the rules?

24 A. Yes, sir.

25 Q. And what response did you get?

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1 A. I wasn't able to have them.

2 Q. How did you find out what the rules were?

3 A. I didn't until after I left and ran away from Palm Lane

4 and filed a lawsuit.

5 Q. Did you kind of learn about rules just as you broke

6 them or as you did something they didn't like?

7 A. My orientation guide would tell me things and then

8 other things I did have to find out after them doing stuff to

9 me, punishing me.

10 Q. Okay. Were you allowed to have money while you were a

11 student there?

12 A. No, sir.

13 MR. BRIGGS: Objection, Your Honor. May we

14 approach? This is irrelevant. It's outside the scope of the

15 two claims.

16 THE COURT: Fine. Sustained. Let's move to

17 something relevant.

18 BY MR. STILLEY:

19 Q. Now, were you allowed to have contact with the outside

20 world while you were a student at Mountain Park?

21 A. No, sir.

22 THE COURT: Mr. Stilley, am I going to have go over

23 your notes, your script? You know, I mean, what does that

24 have to do with the two things I keep telling you?

25 MR. STILLEY: I'm just trying --

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1 THE COURT: The battery and the employer/employee

2 stuff. What does that have to do with that, were you allowed

3 to have contact with the outside world, with other people?

4 MR. STILLEY: I'm just trying to paint a picture.

5 THE COURT: I know you're trying to paint a picture,

6 but that's not the picture we're here to see. We didn't come

7 to see that picture. See, that's what I'm talking about.

8 You got a picture you're just trying to show, and that is not

9 the one we came to see. That's what I keep trying to tell

10 you. I'm trying to keep from previewing your movie because

11 it's not the one we came to see, but you keep trying to show

12 it.

13 MR. STILLEY: I certainly don't mean to do anything

14 that I shouldn't do. I was just trying to --

15 THE COURT: Yeah, you're a nice fellow, but that's

16 not got nothing to do with it. I mean, please. I'm not here

17 about that. What I'm trying to say is you keep trying to

18 paint a picture that we didn't come to see. It might be the

19 picture you see, the picture you like, but it's not the

20 picture we're here to see. It's as simple as that.

21 MR. STILLEY: Well, I'm doing my best to put on

22 evidence that is proper to put before the jury. I beg your

23 pardon, Your Honor, I'll need just a little time to try to

24 sort through some of these things to try to limit the

25 questions that I shouldn't ask.

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1 THE COURT: I'll tell you what, ladies and gentlemen

2 of the jury, we're going to have a pleasant evening. We're

3 going to adjourn early today.

4 I gave you that admonition earlier. It particularly

5 goes into effect now because you're going home or someplace

6 from here. Now, all that admonition is good, but let me boil

7 this down to its essence. Your friends and family will know

8 you've been down here on jury service. So when you get

9 wherever you're going, they are going to ask, "Did you get

10 selected to serve on a case?" The answer to that is, "Yes."

11 Then the next question is, "Well, what kind of case is it?"

12 The answer to that is, "The judge told me not to discuss that

13 with you." Because if you tell them that, then they are

14 going to tell you what they think, what they know. You see,

15 admonition gone.

16 So keep that in mind. You can discuss this case as

17 fully and freely when it's completed. They told me, they

18 said Wednesday, but in any event you can discuss it as fully

19 and freely with anyone you choose when it's over. Why don't

20 you return to your jury rooms tomorrow morning at 9 a.m.

21 Have a pleasant evening.

22 (The following proceedings were held outside the

23 hearing of the jury:)

24 THE COURT: Mr. Stilley, you know, it's like we

25 are -- maybe we're here to see Spartacus or something and you

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1 keep trying to show us The Passion. You want The Passion.

2 Please. You know, this is not that case. I understand. I

3 keep telling you, I feel your pain. Just like The Passion.

4 But this is not that play, okay. We didn't come here to see

5 that. I told you what we came here to see.

6 MR. STILLEY: Certainly, Judge, and --

7 THE COURT: I know, but you got to do better. Sorry

8 sounds good, but you got to show me something. You keep,

9 could you do this, could you do that. Talk to me about what

10 he did do in terms of work or school, his responsibilities.

11 Maybe you finished with the battery situation. So you got to

12 deal with his responsibilities, you know, at the institution

13 now, what you are characterizing as work and the

14 employer/employee relationship, not his contact with outside

15 people and any of those kinds of things. You're still trying

16 to paint the picture of the institution as a group of bad

17 people.

18 MR. STILLEY: Your Honor, I'm just trying --

19 THE COURT: Yes, you are. That's what you're trying

20 to do. And that is not what this case is about. And I

21 understand The Passion, but that is not this case. It's as

22 simple as that.

23 MR. STILLEY: Maybe I'm going at it the wrong order.

24 THE COURT: The wrong order?

25 MR. STILLEY: This is part of the case. And let

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1 me --

2 THE COURT: You are out of order completely.

3 MR. STILLEY: Well, let's stop and think about this.

4 We've already had a ruling that he's entitled to put on

5 evidence as duties as a security guard. What's the duties of

6 the security guard.

7 THE COURT: You didn't ask that. You asked about

8 could he see other people. You want to paint all these

9 pictures like he's in prison, false imprisonment. That's the

10 picture you're painting. And you know the rules are if

11 something is more prejudicial than probative. And when you

12 paint this picture of someone false imprisoning someone, it

13 becomes more prejudicial than probative of what the issues

14 you're trying to paint. And those claims are gone. They are

15 not here.

16 You know, it's like a guy said one time, you know,

17 one year Casey Stengel, you know he was the manager of the

18 Mets. So he figured out he was going to have his pitching

19 rotation for the whole year. And he had it all set up. The

20 first game rained out, messed up his whole year. That's you.

21 MR. STILLEY: Your Honor, I'm sorry.

22 THE COURT: Your issues that you wanted are no

23 longer in the case, but, you know, you got your pitching

24 rotation set up for all that. They are not there anymore.

25 You know, things have changed. You have to change your

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1 questions you're asking. That's all I'm saying.

2 MR. STILLEY: Okay. Well, I think that -- I think

3 it's order, not substance for this reason. If I could lay

4 the foundation, that's what I was trying to do.

5 THE COURT: That he couldn't see people, that he

6 wasn't seeing anybody else? Tell me what that has to do with

7 any of the issues, the battery or the employment. I assume

8 you're saying that has to do with the employment. What does

9 that have to do with the employment?

10 MR. STILLEY: One of his job duties as an employee

11 was to prevent other people from making contact with the

12 outside world, going anywhere, doing anything of that nature.

13 THE COURT: That doesn't have anything to do with

14 him, whether he could see somebody or not. Was that his job,

15 seeing that he couldn't see nobody, policing himself? Is

16 that the job? Please.

17 MR. STILLEY: Let's --

18 THE COURT: No, you were off base there. You were

19 off base there.

20 MR. STILLEY: Let's just try this again.

21 THE COURT: You need to go over your questions and

22 sincerely ask yourself these questions. And remember me

23 Casey Stengel story. You see what I'm saying? I tell stuff

24 in stories. You could say it was LaRussa or whoever, but

25 older folks remember Casey. I'll see you all tomorrow

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1 morning.

2 MR. STILLEY: Thank you, Judge.

3 THE COURT: Okay.

4 (Court in recess at 4:33 p.m.)

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1 C E R T I F I C A T E

2 I, Susan R. Moran, Registered Merit Reporter, in

3 and for the United States District Court for the Eastern

4 District of Missouri, do hereby certify that I was present

5 at and reported in machine shorthand the proceedings in the

6 above-mentioned court; and that the foregoing transcript is

7 a true, correct, and complete transcript of my stenographic

8 notes.

9 I further certify that I am not attorney for, nor

10 employed by, nor related to any of the parties or attorneys

11 in this action, nor financially interested in the action.

12 I further certify that this transcript contains

13 pages 1 - 160 and that this reporter takes no responsibility

14 for missing or damaged pages of this transcript when same

15 transcript is copied by any party other than this reporter.

16 IN WITNESS WHEREOF, I have hereunto set my hand

17 at St. Louis, Missouri, this _________ day of

18 __________________, 2004.

20 ______________________________

/s/ Susan R. Moran

21 Registered Merit Reporter