Disclosure Page #7

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-My children that I provide for and protect!

They can come between me and my wife,

move us, take my job...

...and take the house we have made!

And I apologize to them, Susan?

They call me a rapist and I apologize?

Come on. This is a joke.

Sexual harassment is about power.

When did I have the power?

When?

MURPHY:

Good morning, I'm Judge Murphy.

This is a mediation, not a court of law.

Our proceedings will remain confidential.

Maintain a civil and courteous tone.

Our goal is to determine the nature

of the dispute...

...and how best to resolve it.

The parties have agreed that

Mr. Sanders will speak first...

...and be cross-examined by Mr. Heller.

Ms. Johnson will speak next,

and be cross-examined by Ms. Alvarez.

Any questions?

Good. Let's get started.

TOM:
I had my cellular phone with me,

so when she called Garvin...

...I called Mark Lewyn to give him

the upshot of our meeting.

Then she approached you?

Correct. She took the phone

from me and she kissed me.

Where?

TOM:

She kissed me in my ear...

...on my neck...

...on my mouth.

She put her tongue in my mouth.

ALVAREZ:

When you asked her to stop, did she?

TOM:

No, no.

She, uh, unzipped my pants...

...and she massaged my penis.

ALVAREZ:
Were you aroused?

TOM:
Yes.

Then she slid down...

...and she...

...put my penis in her mouth.

ALVAREZ:

Did you climax?

TOM:
I grabbed her by the wrists.

I threw her on the ground.

Then I wanted to get out of there.

At that point, what did Ms. Johnson do?

She threatened me.

She said, "You're dead."

And then, the next day,

Mr. Blackburn here told me that...

...she said that I had

sexually harassed her.

Mr. Heller?

HELLER:
Sanders, would you like a break?

-No, I'm fine. Thank you.

HELLER:
You say the bottle of wine

was Ms. Johnson's idea?

Yes.

But, uh, when you were living

with Ms. Johnson...

...didn't you discover wines together

on trips to the Napa Valley?

-Yes.

-Romantic trips?

Yes.

But you weren't expecting

anything romantic in her office?

No.

Did you have a conversation

after lunch about how...

...seeing Meredith gave you a...

...boner?

That wasn't me.

That was someone else.

-Isn't the term "boner" a slang for erection?

-Yes.

HELLER:

You had a conversation about...

...having an erection? A boner?

Yes, but I didn't say it.

But you laughed.

-Yes.

-So you condone it.

It was harmless.

If it's harmless...

...why are we sitting here today?

Well, it was just, um...

...what guys talk about.

About their boss?

No, not generally.

HELLER:
Yet you expect us to believe that

after having a sexual conversation...

...that you didn't have sex on your mind?

That's correct.

HELLER:
How would you characterize your

relationship with Ms. Johnson...

...in the good old days?

Highly sexual?

I wouldn't know how to rate it.

Every day?

Sometimes twice a day.

Sex in public places.

Sodomy. Viewing of pornography.

Vibrators and other mechanical devices.

Sometimes we sat on the couch

and watched television.

But when you became reacquainted,

you no longer saw her as a sexual object?

-She was just your boss now?

-That's correct.

And do you admit having an erection

during the course of your meeting?

She had her top open.

It was an involuntary reflex.

Reflex?

Do you think Ms. Johnson's

gynecologist gets an erection...

...when he examines her breast?

I think that's completely different.

Do you admit putting

your erect penis in her mouth?

-She did it.

-Oh, I forgot.

You resisted.

Mr. Sanders, uh, during your

rather fantastic testimony...

...there was one moment that rang true.

You said, and I quote:

"I was angry.

I felt I was being pushed around."

-Correct?

-Correct.

The truth is, you felt that way all day.

You'd been expecting a promotion,

and she got it. You got angry about it.

I felt I deserved the job.

You took that anger up to her office.

You were gonna show her who's boss.

That's not true.

Mr. Sanders, did you tell your wife about

your 7:
00 meeting with Ms. Johnson?

I told her I had a meeting

and I'd be home late.

You expected to be late?

No, but if I got home earlier,

my wife would be surprised, pleasantly.

So you make it a rule to lie to your wife?

I didn't lie.

When you called your wife,

did you tell her that...

...Ms. Johnson was a

former lover of yours?

No.

When you got home,

did you tell her what happened?

No, I was hoping it would go away.

You hoped you'd get away with it?

MURPHY:

Mr. Heller.

Do not debunk the illusion that this

dispute might be settled amicably.

That's okay. I have no further questions.

MEREDITH:
I asked to see family pictures.

I thought if we put it on that basis...

...it would be clear

things had changed between us.

Mr. Sanders,

do you have those pictures now?

I'd like to Xerox them for the file.

HELLER:

You can continue.

He remarked his wife hadn't lost

all the weight gained from having children.

I said his children were beautiful...

...he said they made him feel old...

...and seeing me reminded him

of what it was like to be young...

...and that marriage

was a tough trade-off.

Go on.

My assistant, Mrs. Ross, came in

and asked if she could go home.

l wanted her to stay, but I felt guilty.

I'd been keeping her late for weeks

preparing for my new job.

And, uh, where was Mr. Sanders

at that point?

He began to rub my shoulders.

And you let him?

Well, it was awkward...

...but I thought we'd finish our discussion

and leave it at that.

Is that when he tried to kiss you?

No, I got a call from Mr. Garvin

and then I came back to Tom...

...and told him that was it,

and then he began to kiss me.

Did you try to stop him?

Yes. I struggled with him

and told him to stop. But he didn't.

Did he attack you physically?

Yes.

He grabbed me by my hair...

...and, uh, forced me down on my knees.

And, uh....

He put his...

...penis in your mouth?

This is making me very uncomfortable.

Would you like some water?

Here

Thank you.

He put his, uh, penis in my mouth...

...and said that he was going to, uh....

To "f*** you"? Were those his words?

"Do you wanna get f***ed?

Is that what you want?"

And then he reached down

and tore off my panties.

HELLER:

What did you do then?

He threw me down on the scaffold

and I kneed him in the groin.

HELLER:

And that was the end of it?

It's strange. I'd think my instinct

would be to run, but I became angry.

I yelled at him. Called him names.

Told him I'd kill him.

Just yelling.

HELLER:

How did he react?

He seemed to realize what he'd done.

He pulled up his pants and ran out.

Did you call anyone afterwards?

No. I didn't know what to do.

I kept going over the day

in my mind, trying to figure out...

...if somehow this thing was my fault.

-You reported it the next morning?

-Yes.

But you didn't bring formal charges.

Why not?

I talked to Phil Blackburn.

I knew he was a friend of Tom's.

I didn't wanna destroy...

...Tom's marriage or his career,

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