1
00:00:08,160 --> 00:00:12,080
Speaker 1: Welcome to Playing Dirty Sports Scandals with me Jay Harris,

2
00:00:12,240 --> 00:00:15,440
Speaker 1: your go to guide for the juiciest sports scandals of

3
00:00:15,480 --> 00:00:18,319
Speaker 1: all time. Over the past twenty years of my career

4
00:00:18,360 --> 00:00:21,720
Speaker 1: as a journalist and sportscaster, I've hosted a variety of

5
00:00:21,960 --> 00:00:25,600
Speaker 1: ESPN shows, from Sports Center to Outside the Lines. But

6
00:00:25,640 --> 00:00:28,360
Speaker 1: I'm Playing Dirty. My role is to take you down,

7
00:00:29,000 --> 00:00:44,279
Speaker 1: way down to learn about the dark side of sports now.

8
00:00:44,320 --> 00:00:46,879
Speaker 1: In our last episode, we really got into the grind

9
00:00:46,920 --> 00:00:50,200
Speaker 1: of the Cane Velasquez case, breaking it down to three

10
00:00:50,280 --> 00:00:53,960
Speaker 1: of its core ingredients. The first ingredient we talked about

11
00:00:54,200 --> 00:00:57,440
Speaker 1: was Marcy's Law, which, to remind you, is a law

12
00:00:57,440 --> 00:01:01,560
Speaker 1: that was passed in the states of California, North Dakota,

13
00:01:01,880 --> 00:01:05,839
Speaker 1: South Dakota, and Ohio to ensure that victims of crime

14
00:01:05,880 --> 00:01:09,520
Speaker 1: are treated with respect and dignity by the criminal justice system.

15
00:01:09,840 --> 00:01:13,000
Speaker 1: This law protects the families of victims, ensuring that they

16
00:01:13,040 --> 00:01:18,320
Speaker 1: have participation and knowledge rights in bail hearings, pleas, sentencing,

17
00:01:18,520 --> 00:01:22,880
Speaker 1: and parole hearings. The Santa Clara District Attorney's office breached

18
00:01:22,920 --> 00:01:26,800
Speaker 1: the Velasquez families legal rights under Marcy's Law, adding a

19
00:01:26,840 --> 00:01:32,080
Speaker 1: contentious ingredient to Caine's alleged violent outburst on February twenty eighth,

20
00:01:32,280 --> 00:01:37,319
Speaker 1: twenty twenty two. The second ingredient we discussed was CTE

21
00:01:37,959 --> 00:01:41,600
Speaker 1: and defense attorney Mark Geragos's argument that the probability of

22
00:01:41,680 --> 00:01:46,200
Speaker 1: Kane Velasquez suffering from a brain injury begged sentencing leniency,

23
00:01:47,200 --> 00:01:50,840
Speaker 1: and the third ingredient we dug into was vigilanteism in

24
00:01:50,920 --> 00:01:55,880
Speaker 1: our justice system's inconsistent approach to street justice throughout history,

25
00:01:56,360 --> 00:01:59,680
Speaker 1: the law is subject to interpretation, and just because similar

26
00:01:59,720 --> 00:02:04,000
Speaker 1: path vigilantes like Gary Plochet, who killed the child molester

27
00:02:04,080 --> 00:02:08,280
Speaker 1: who kidnapped and raped his son, received merciful legal sentences

28
00:02:08,480 --> 00:02:11,640
Speaker 1: didn't mean that Kane Velaska's outcome was going to be

29
00:02:11,800 --> 00:02:18,079
Speaker 1: equally forgiving. What in fact happened was that Judge Selina

30
00:02:18,160 --> 00:02:22,160
Speaker 1: Brown denied Cain's request for bail, despite his offer to

31
00:02:22,200 --> 00:02:25,520
Speaker 1: pay for his own house arrest expenses, including around the

32
00:02:25,560 --> 00:02:29,680
Speaker 1: clock private security, and despite the fact that his son's

33
00:02:29,760 --> 00:02:34,240
Speaker 1: alleged abuser, Harry Gillart, remained free and at large in

34
00:02:34,320 --> 00:02:38,560
Speaker 1: the community. Twisted justice. Whether you think so or not,

35
00:02:39,120 --> 00:02:42,680
Speaker 1: this was the reality of Kane Velaska's situation as the

36
00:02:42,760 --> 00:02:46,120
Speaker 1: officers led him from the courtroom and back behind bars

37
00:02:46,280 --> 00:02:50,280
Speaker 1: on March seventh, twenty twenty two, and it was a

38
00:02:50,320 --> 00:02:54,600
Speaker 1: grim reality which not only impacted Kin but his family,

39
00:02:55,000 --> 00:02:58,400
Speaker 1: his wife, Michelle Velasquez, and their two children, Coral and

40
00:02:58,520 --> 00:03:02,360
Speaker 1: Kane Junior. This is part of the extended cost of

41
00:03:02,440 --> 00:03:06,120
Speaker 1: crime that many people don't think about. The accused in

42
00:03:06,160 --> 00:03:09,639
Speaker 1: the spotlight isn't the only one who suffers the consequences

43
00:03:09,680 --> 00:03:13,960
Speaker 1: of their actions behind the scenes. Their family also suffers,

44
00:03:14,280 --> 00:03:18,520
Speaker 1: and in this case terribly. While there was surely no

45
00:03:18,639 --> 00:03:21,960
Speaker 1: love lost between the Velasquez family and the Santa Claric

46
00:03:22,040 --> 00:03:25,680
Speaker 1: District Attorney's Office, DA Jeff Rosen at least made a

47
00:03:25,800 --> 00:03:29,360
Speaker 1: valid point acknowledging this tragic truth in his statement to

48
00:03:29,400 --> 00:03:34,280
Speaker 1: the press. Kane Velasquae's alleged act of violence also causes

49
00:03:34,320 --> 00:03:38,880
Speaker 1: more pain and suffering to his family. The Velasquez family

50
00:03:39,000 --> 00:03:42,400
Speaker 1: was now part of the US population impacted by incarceration,

51
00:03:43,120 --> 00:03:47,840
Speaker 1: and this is sadly a sizeable group of people. Half

52
00:03:47,880 --> 00:03:50,960
Speaker 1: of all Americans have an immediate family member who has

53
00:03:51,000 --> 00:03:54,400
Speaker 1: been in prison, and one in every five people is

54
00:03:54,400 --> 00:03:59,120
Speaker 1: that a parent incarcerated. Right now, approximately two point seven

55
00:03:59,240 --> 00:04:02,960
Speaker 1: million children in the United States have a parent behind bars.

56
00:04:03,400 --> 00:04:06,640
Speaker 1: That's one in every twenty eight kids, or three point

57
00:04:06,760 --> 00:04:10,880
Speaker 1: six percent of all children in the US being impacted

58
00:04:10,920 --> 00:04:16,680
Speaker 1: by this tragic reality, and the impact it has on

59
00:04:16,760 --> 00:04:21,440
Speaker 1: these children is statistically very heavy. According to Education Week,

60
00:04:21,839 --> 00:04:25,960
Speaker 1: studies show parental incarceration can be more traumatic to students

61
00:04:25,960 --> 00:04:29,240
Speaker 1: than even a parent's death or divorce, and the damage

62
00:04:29,279 --> 00:04:33,440
Speaker 1: it can cause to student's education, health, and social relationships

63
00:04:33,760 --> 00:04:36,479
Speaker 1: puts them at higher risk of one day going to

64
00:04:36,600 --> 00:04:40,920
Speaker 1: prison themselves. The Journal of Health and Social Behavior also

65
00:04:41,000 --> 00:04:44,320
Speaker 1: reported that data from a national survey of children's health

66
00:04:44,720 --> 00:04:51,320
Speaker 1: revealed higher rates of asthma, obesity, depression, anxiety, behavioral problems,

67
00:04:51,560 --> 00:04:56,120
Speaker 1: speech and language delays, and other developmental delays in children

68
00:04:56,400 --> 00:05:01,240
Speaker 1: with an incarcerated parent. Academically, these kids also more likely

69
00:05:01,320 --> 00:05:04,719
Speaker 1: to struggle. Only one to two percent of students with

70
00:05:04,800 --> 00:05:09,080
Speaker 1: incarcerated mothers and thirteen to twenty five percent of students

71
00:05:09,080 --> 00:05:12,720
Speaker 1: with imprisoned fathers graduate from college. That's according to a

72
00:05:12,800 --> 00:05:16,599
Speaker 1: twenty thirteen report from the American Bar Association and the

73
00:05:16,600 --> 00:05:21,479
Speaker 1: White House. Those are some seriously sad statistics, and behind

74
00:05:21,520 --> 00:05:25,000
Speaker 1: all of them, there's usually one parent or alternative guardian

75
00:05:25,040 --> 00:05:27,800
Speaker 1: who is not in prison who is left dealing with

76
00:05:27,839 --> 00:05:31,960
Speaker 1: the fallout. Having Cain in prison, particularly as Little Kine

77
00:05:32,000 --> 00:05:35,159
Speaker 1: was grappling with the aftermath of sexual abuse, laid a

78
00:05:35,240 --> 00:05:39,080
Speaker 1: heavy load solely on the shoulders of Cain's wife, Michelle.

79
00:05:39,320 --> 00:05:42,159
Speaker 1: Keep in mind that Michelle wasn't just holding down the

80
00:05:42,200 --> 00:05:45,000
Speaker 1: home front on her own. She was doing so while

81
00:05:45,040 --> 00:05:48,479
Speaker 1: at the center of a media and legal frenzy, and

82
00:05:48,520 --> 00:05:51,280
Speaker 1: while her daughter, Coral was old enough to understand her

83
00:05:51,320 --> 00:05:55,440
Speaker 1: father's situation, four year old Kine Junior remained in the dark.

84
00:05:56,120 --> 00:05:58,920
Speaker 1: Mother and big sister had to strike a delicate balance

85
00:05:58,960 --> 00:06:02,560
Speaker 1: of shielding what were of Little Kine's innocence and protecting

86
00:06:02,680 --> 00:06:06,440
Speaker 1: him from further trauma while gradually preparing him to confront

87
00:06:06,640 --> 00:06:13,720
Speaker 1: harsh truths. Michelle has explained her challenges publicly, saying, since

88
00:06:13,760 --> 00:06:17,200
Speaker 1: my husband's arrest, little Kine's been asking where his dad is,

89
00:06:17,680 --> 00:06:20,400
Speaker 1: and we've been telling him that he's in Mexico wrestling,

90
00:06:20,720 --> 00:06:24,120
Speaker 1: and that's little Kine's favorite thing. I think as a family,

91
00:06:24,520 --> 00:06:27,240
Speaker 1: we've been used to him traveling and being gone for

92
00:06:27,320 --> 00:06:31,159
Speaker 1: extended periods of time. So right now I'm just trying

93
00:06:31,200 --> 00:06:35,440
Speaker 1: to help little kin feel safe still, but trying to

94
00:06:35,480 --> 00:06:39,120
Speaker 1: create that safe, secure and calm environment for little Cain

95
00:06:39,279 --> 00:06:43,200
Speaker 1: was extremely hard given the storm that had come crashing

96
00:06:43,240 --> 00:06:46,840
Speaker 1: down all around her. Michelle didn't pull any punches, and

97
00:06:46,880 --> 00:06:50,120
Speaker 1: describing how difficult it was to juggle her routine court

98
00:06:50,160 --> 00:06:54,599
Speaker 1: appearances with solo parenting, saying, it's been really hard having

99
00:06:54,600 --> 00:06:58,360
Speaker 1: to deal with my son's abuse and also my husband's arrest.

100
00:06:58,800 --> 00:07:01,000
Speaker 1: I try to spend as much much time with Little

101
00:07:01,040 --> 00:07:05,040
Speaker 1: Caine as I possibly can. He's now not at daycare

102
00:07:05,080 --> 00:07:08,080
Speaker 1: any longer, and he stays at home with me, and

103
00:07:08,120 --> 00:07:10,520
Speaker 1: so I just try to allow him to try to

104
00:07:10,560 --> 00:07:13,480
Speaker 1: have a good day, although oftentimes he doesn't want to

105
00:07:13,560 --> 00:07:16,720
Speaker 1: leave the house. So I just try to do whatever's

106
00:07:16,720 --> 00:07:19,000
Speaker 1: going to make him happy that day. You know, if

107
00:07:19,000 --> 00:07:21,920
Speaker 1: it's having a picnic in our bedroom or picnic in

108
00:07:21,960 --> 00:07:25,160
Speaker 1: the living room because he loves picnics, or watching you know,

109
00:07:25,200 --> 00:07:28,280
Speaker 1: a movie together, then that's what I'll do. But he's

110
00:07:28,320 --> 00:07:31,760
Speaker 1: not comfortable being outside of our home right now, and

111
00:07:31,800 --> 00:07:34,160
Speaker 1: so it's been extremely difficult for me to try to

112
00:07:34,280 --> 00:07:41,760
Speaker 1: nurture him through this process because he's clearly hurt. Any

113
00:07:41,840 --> 00:07:46,120
Speaker 1: parent can appreciate how incredibly challenging, sad, and lonely this

114
00:07:46,200 --> 00:07:50,000
Speaker 1: situation must have been for Michelle. It's heartbreaking to think

115
00:07:50,000 --> 00:07:53,240
Speaker 1: of a child who had been so outgoing and boisterous

116
00:07:53,280 --> 00:07:57,640
Speaker 1: suddenly fearful to go outside. But Michelle's description of their

117
00:07:57,640 --> 00:08:00,880
Speaker 1: home life in the aftermath of Harry Gillart's alleged abuse

118
00:08:01,400 --> 00:08:05,680
Speaker 1: does track with how abused children typically behave. According to

119
00:08:05,800 --> 00:08:09,239
Speaker 1: child sexual abuse experts, a fear of leaving the house,

120
00:08:09,520 --> 00:08:12,840
Speaker 1: especially when a child has been abused outside their home,

121
00:08:13,360 --> 00:08:16,240
Speaker 1: is one of the most common responses by children to

122
00:08:16,320 --> 00:08:20,960
Speaker 1: sexual abuse. But despite having her world turned upside down,

123
00:08:21,360 --> 00:08:24,520
Speaker 1: grappling with the emotional fall out of her youngest child's

124
00:08:24,520 --> 00:08:27,840
Speaker 1: suffering on her own day to day and ensuring that

125
00:08:27,960 --> 00:08:32,360
Speaker 1: her daughter's life remained as consistent as possible, Michelle still

126
00:08:32,400 --> 00:08:36,800
Speaker 1: prioritized seeking justice for her son and understanding for her husband.

127
00:08:37,720 --> 00:08:40,959
Speaker 1: Michelle was determined not to miss any hearings, no matter

128
00:08:41,040 --> 00:08:43,240
Speaker 1: how much of an uphill battle it was for her

129
00:08:43,240 --> 00:08:45,959
Speaker 1: to get to the court room. It was maddening for

130
00:08:46,120 --> 00:08:48,960
Speaker 1: many that Michelle, who had so much to handle on

131
00:08:49,000 --> 00:08:53,040
Speaker 1: her own, attended every hearing, while the defendant, Harry Gillart,

132
00:08:53,440 --> 00:08:58,000
Speaker 1: avoided making physical appearances in court whenever possible. This is

133
00:08:58,040 --> 00:09:00,760
Speaker 1: because his hearings were held at the tail end of

134
00:09:00,840 --> 00:09:04,600
Speaker 1: COVID rules, and so courts allowed some people, including lawyers

135
00:09:04,600 --> 00:09:08,560
Speaker 1: and even defendants, to make their appearances via zoom. Santa

136
00:09:08,600 --> 00:09:12,040
Speaker 1: Clara County was one of the courts which allowed virtual attendance,

137
00:09:12,440 --> 00:09:15,320
Speaker 1: and so Harry Gallart took full advantage of the rule.

138
00:09:16,320 --> 00:09:20,200
Speaker 1: In fact, several sources have reported never even hearing Harry

139
00:09:20,240 --> 00:09:23,480
Speaker 1: speak or showing his face on zoom. In his early hearings.

140
00:09:24,080 --> 00:09:27,679
Speaker 1: Harry's lawyer, Stephen de Philippus, responded for him, and the

141
00:09:27,720 --> 00:09:30,600
Speaker 1: only thing people who were actually in the courtroom, like

142
00:09:30,679 --> 00:09:35,599
Speaker 1: Michelle Velasquez, could see was Harry's name on an otherwise

143
00:09:35,720 --> 00:09:39,360
Speaker 1: blank screen. But though the screen and court may have

144
00:09:39,360 --> 00:09:41,960
Speaker 1: been blank, it didn't mean that the picture of what

145
00:09:42,000 --> 00:09:45,640
Speaker 1: had gone on at Paddy Gallard's daycare was That picture

146
00:09:45,800 --> 00:09:49,800
Speaker 1: had come into shocking focus. Michelle Velasquez must have felt

147
00:09:49,840 --> 00:09:54,360
Speaker 1: equal parts horrified and vindicated as prosecutors presented their case

148
00:09:54,360 --> 00:09:57,880
Speaker 1: against Harry Gallart, starting with an in depth review of

149
00:09:57,920 --> 00:10:02,240
Speaker 1: his mother's daycare. As I explained in an earlier episode

150
00:10:02,240 --> 00:10:06,520
Speaker 1: of Playing Dirty, Patty's daycare was an upscale, fully licensed

151
00:10:06,600 --> 00:10:09,360
Speaker 1: daycare based out of a mansion just a few blocks

152
00:10:09,360 --> 00:10:13,040
Speaker 1: away from Cane's and Michelle's own prestigious home. It had

153
00:10:13,080 --> 00:10:17,280
Speaker 1: a fantastic reputation, and when parents came to tour Patty's

154
00:10:17,320 --> 00:10:22,240
Speaker 1: Daycare for consideration, it looked like heaven on Earth. Residents

155
00:10:22,240 --> 00:10:24,480
Speaker 1: who sent their kids there described it as having been

156
00:10:24,520 --> 00:10:28,240
Speaker 1: a very nice and spacious home with lots of play areas,

157
00:10:28,400 --> 00:10:33,000
Speaker 1: especially outside. The yard was so attractive that many parents

158
00:10:33,040 --> 00:10:36,040
Speaker 1: even rented out Patty's fields and playgrounds for their kid's

159
00:10:36,120 --> 00:10:39,880
Speaker 1: birthday parties. No parent could be faulted for thinking that

160
00:10:39,920 --> 00:10:43,920
Speaker 1: Patty's Daycare was an ideal facility for their child, and

161
00:10:43,960 --> 00:10:47,079
Speaker 1: no parent could be faulted for believing that Patty's Daycare

162
00:10:47,480 --> 00:10:51,200
Speaker 1: was a safe environment for their child. But beneath the glitz,

163
00:10:51,480 --> 00:10:55,080
Speaker 1: the plitiful snack offerings, the well kept grounds, and the

164
00:10:55,200 --> 00:10:58,520
Speaker 1: up to date California license which was meant to guarantee

165
00:10:58,559 --> 00:11:01,920
Speaker 1: that experts were routinely coming by to assess and evaluate

166
00:11:01,960 --> 00:11:06,920
Speaker 1: the business, Patty's Daycare was not safe and it hadn't

167
00:11:06,960 --> 00:11:12,120
Speaker 1: been ever. Our team at Playing Dirty has reviewed state records,

168
00:11:12,160 --> 00:11:15,920
Speaker 1: and the shocking truth is that California authorities were not

169
00:11:16,240 --> 00:11:19,120
Speaker 1: keeping kids safe and the parents of the children at

170
00:11:19,160 --> 00:11:23,920
Speaker 1: Patty's daycare had no idea. What the state records reveal

171
00:11:24,080 --> 00:11:27,760
Speaker 1: is a very long history for Patty's Daycare, riddled with

172
00:11:27,920 --> 00:11:33,240
Speaker 1: violations and suspensions throughout its entire existence. The violations range

173
00:11:33,280 --> 00:11:37,360
Speaker 1: and seriousness, but some like leaving children unattended inside the

174
00:11:37,400 --> 00:11:40,960
Speaker 1: house while all staff members were in the backyard, certainly

175
00:11:41,040 --> 00:11:45,199
Speaker 1: rise to the level of child endangerment. The daycare's records

176
00:11:45,200 --> 00:11:48,120
Speaker 1: from nineteen eighty three to twenty twenty two make for

177
00:11:48,240 --> 00:11:51,959
Speaker 1: tough reading and clearly demonstrate that Patty Gillard's Daycare was

178
00:11:52,000 --> 00:11:55,319
Speaker 1: a business that bent the rules, pushed all the limits,

179
00:11:55,760 --> 00:11:59,640
Speaker 1: and tolerated a carelessness that's almost hard to imagine where

180
00:11:59,640 --> 00:12:02,160
Speaker 1: the well being of children as young as infants is

181
00:12:02,200 --> 00:12:05,880
Speaker 1: at stake. One of our sources shared a jaw dropping

182
00:12:05,960 --> 00:12:08,920
Speaker 1: story about Patty's Daycare, which was rooted all the way

183
00:12:08,960 --> 00:12:12,320
Speaker 1: back in the nineteen eighties. You see, the whole venture

184
00:12:12,440 --> 00:12:15,199
Speaker 1: started out on the wrong side of the law. Patty

185
00:12:15,240 --> 00:12:19,199
Speaker 1: Gallart operated without a license in those early days, totally

186
00:12:19,240 --> 00:12:23,000
Speaker 1: flouting the regulations put in place to ensure children's welfare

187
00:12:23,040 --> 00:12:26,719
Speaker 1: and home daycares, and what exactly was in place by

188
00:12:26,720 --> 00:12:29,480
Speaker 1: the authorities to protect children in the state of California,

189
00:12:29,559 --> 00:12:34,160
Speaker 1: you might ask the childcare Licensing program. This is the

190
00:12:34,160 --> 00:12:37,480
Speaker 1: program that is tasked with ensuring that child care facilities

191
00:12:37,520 --> 00:12:40,800
Speaker 1: operate according to the California Health and Safety Code and

192
00:12:40,960 --> 00:12:44,440
Speaker 1: Title twenty two of the California Code of Regulations in

193
00:12:44,480 --> 00:12:49,480
Speaker 1: a number of very important ways, including pre licensing inspections,

194
00:12:49,960 --> 00:12:57,200
Speaker 1: unannounced facility inspections, complain investigations, and follow up inspections. So yeah,

195
00:12:58,080 --> 00:13:00,640
Speaker 1: right from day one, Patty Gallart, it didn't seem to

196
00:13:00,679 --> 00:13:04,880
Speaker 1: hold the law or child's safety up as matters of priority.

197
00:13:06,240 --> 00:13:09,280
Speaker 1: As word of her daycare business spread, Patty realized that

198
00:13:09,320 --> 00:13:12,680
Speaker 1: she would need a license to continue her operation uninterrupted,

199
00:13:13,320 --> 00:13:15,920
Speaker 1: So she bit the bullet and got her license on

200
00:13:15,960 --> 00:13:19,320
Speaker 1: December sixth, nineteen eighty eight, after operating on the down

201
00:13:19,320 --> 00:13:23,040
Speaker 1: low for as long as possible. Once Patty's daycare was

202
00:13:23,080 --> 00:13:26,360
Speaker 1: in the system, the issues about her business started making

203
00:13:26,360 --> 00:13:30,400
Speaker 1: their way into state records consistently, and our source revealed

204
00:13:30,400 --> 00:13:33,480
Speaker 1: that one of the first major violations of note had

205
00:13:33,480 --> 00:13:36,160
Speaker 1: to do with the breach of basic home care rules.

206
00:13:37,800 --> 00:13:41,360
Speaker 1: So here's the scoop. The law in California does allow

207
00:13:41,440 --> 00:13:44,520
Speaker 1: people to offer daycare services from their home rather than

208
00:13:44,559 --> 00:13:48,240
Speaker 1: at a commercial property. So far, so good. But the

209
00:13:48,360 --> 00:13:52,080
Speaker 1: rules are very strict when it comes to home care facilities,

210
00:13:52,520 --> 00:13:55,760
Speaker 1: and one of those rules is that home daycares cannot

211
00:13:55,800 --> 00:13:58,600
Speaker 1: care for more than twelve kids at a time, and

212
00:13:58,760 --> 00:14:01,360
Speaker 1: that there must be at LEAs least one adult staff

213
00:14:01,440 --> 00:14:05,520
Speaker 1: member per six kids. Now, let's be real a minute.

214
00:14:05,840 --> 00:14:08,600
Speaker 1: It seems to me that six kids to one worker

215
00:14:08,800 --> 00:14:12,959
Speaker 1: is already a hugely tough job. Anyone who's had a kid,

216
00:14:13,320 --> 00:14:15,760
Speaker 1: or knows a kid, or has even seen a kid

217
00:14:15,800 --> 00:14:18,080
Speaker 1: putting their parent through the ring or at the supermarket

218
00:14:18,120 --> 00:14:21,720
Speaker 1: can probably relate to what I'm talking about here. It's exhausting.

219
00:14:22,440 --> 00:14:25,560
Speaker 1: Kids are high energy. I'm tired just thinking about watching

220
00:14:25,560 --> 00:14:28,880
Speaker 1: six young kids by myself. These staff members would be

221
00:14:28,960 --> 00:14:31,760
Speaker 1: tasked with making sure kids weren't putting their fingers in

222
00:14:31,840 --> 00:14:35,080
Speaker 1: light sockets, getting into the chemicals under the kitchen sink,

223
00:14:35,400 --> 00:14:38,800
Speaker 1: or jumping off the furniture. In other words, keeping an

224
00:14:38,840 --> 00:14:42,280
Speaker 1: eye on kids in daycare is a big, stressful and

225
00:14:42,440 --> 00:14:47,720
Speaker 1: incredibly necessary job. Now, keeping in mind the maximum legal

226
00:14:47,880 --> 00:14:51,520
Speaker 1: ratio of staff to kids in a home daycare, imagine

227
00:14:51,560 --> 00:14:55,120
Speaker 1: Patty's house teeming with children just as soon as she

228
00:14:55,240 --> 00:14:58,160
Speaker 1: got her license. Maybe she thought that the wheels of

229
00:14:58,240 --> 00:15:02,000
Speaker 1: bureaucracy turned slowly, and so the state wouldn't send anyone

230
00:15:02,040 --> 00:15:05,600
Speaker 1: to inspect her operation. Who knows what she was thinking.

231
00:15:06,200 --> 00:15:10,040
Speaker 1: But in April nineteen ninety one, California's Department of Social

232
00:15:10,080 --> 00:15:14,880
Speaker 1: Services or DSS, responding to reports of overcrowding at Patty's house,

233
00:15:15,320 --> 00:15:19,520
Speaker 1: discovered a staggering number of kids at the daycare. Twenty

234
00:15:19,760 --> 00:15:24,160
Speaker 1: one children, including five infants, were on the property with

235
00:15:24,440 --> 00:15:28,960
Speaker 1: just two employees to watch them, one paid staff member

236
00:15:29,440 --> 00:15:33,640
Speaker 1: and Patty Gillard herself. This wasn't just an overcrowding error.

237
00:15:34,160 --> 00:15:38,240
Speaker 1: This was a reckless safety nightmare. And it was a

238
00:15:38,360 --> 00:15:42,760
Speaker 1: nightmare with a further eerie twist. Cribs and napping children

239
00:15:42,800 --> 00:15:46,120
Speaker 1: were found upstairs in the private quarters of the home.

240
00:15:46,840 --> 00:15:50,680
Speaker 1: This blurring of boundaries between daycare and living space isn't

241
00:15:50,760 --> 00:15:55,000
Speaker 1: just a red flag, it's a siren, especially in retrospect

242
00:15:55,320 --> 00:16:00,280
Speaker 1: considering Harry Gillard's unfettered access to these areas. Harry got

243
00:16:00,360 --> 00:16:03,480
Speaker 1: was never listed as an employee of Patty's daycare, yet

244
00:16:03,520 --> 00:16:06,920
Speaker 1: he had routine access to all of the children in attendance.

245
00:16:07,600 --> 00:16:11,360
Speaker 1: It was an extremely irregular situation, to say the least.

246
00:16:16,000 --> 00:16:20,000
Speaker 1: The daycare defiance didn't end there, though, following its citation

247
00:16:20,160 --> 00:16:22,480
Speaker 1: for having twenty one kids under the care of two

248
00:16:22,560 --> 00:16:27,080
Speaker 1: adult members of staff. Just weeks later, DSS returned to

249
00:16:27,160 --> 00:16:31,240
Speaker 1: Patty's house and found fourteen kids there. By October, when

250
00:16:31,320 --> 00:16:35,720
Speaker 1: DSS returned yet again, the child count had hit twenty five.

251
00:16:36,800 --> 00:16:40,160
Speaker 1: As if this wasn't enough, Patty had violations for straight

252
00:16:40,240 --> 00:16:43,720
Speaker 1: up deceit in the reports for her daycare. Our team

253
00:16:43,760 --> 00:16:47,080
Speaker 1: at Playing Dirty have uncovered accounts of Patty moving kids

254
00:16:47,120 --> 00:16:51,400
Speaker 1: to other locations to dodge inspections, hiding kids in closets

255
00:16:51,400 --> 00:16:54,480
Speaker 1: when DSS was spotted arriving at her home, and even

256
00:16:54,600 --> 00:16:58,920
Speaker 1: having confrontations with DSS workers when they noted feeling threatened

257
00:16:58,960 --> 00:17:02,640
Speaker 1: by her. Patty Gallart treated the law for home daycares

258
00:17:02,920 --> 00:17:05,119
Speaker 1: like a game of cat and mouse, but with the

259
00:17:05,200 --> 00:17:09,919
Speaker 1: highest of stakes the safety of children. And puzzlingly, the

260
00:17:10,040 --> 00:17:14,679
Speaker 1: response from DSS to all of these incredibly concerning incidents

261
00:17:14,840 --> 00:17:19,040
Speaker 1: was muted, and by muted, I mean basically non existent.

262
00:17:20,600 --> 00:17:24,560
Speaker 1: Why did the DSS not revoke Patty Gillart's license to

263
00:17:24,640 --> 00:17:28,720
Speaker 1: operate her daycare given all the shocking and flagrant violations

264
00:17:28,760 --> 00:17:33,440
Speaker 1: of California law? Was there something more at play. Well,

265
00:17:33,480 --> 00:17:36,960
Speaker 1: it seems likely that there was something playing dirty going

266
00:17:37,000 --> 00:17:42,000
Speaker 1: on in the background, with political pressure possibly swaying dss's actions.

267
00:17:42,560 --> 00:17:46,520
Speaker 1: It's a chilling thought, the idea that political influence might

268
00:17:46,560 --> 00:17:50,280
Speaker 1: trump child's safety, and yet we do know that this

269
00:17:50,359 --> 00:17:53,560
Speaker 1: happens in our society. Just take the battle over kids'

270
00:17:53,680 --> 00:17:56,520
Speaker 1: use of social media and screens currently raging at the

271
00:17:56,560 --> 00:18:00,320
Speaker 1: highest levels of government in the US and UK. In

272
00:18:00,359 --> 00:18:04,360
Speaker 1: the US, federal children's online safety bills are being hotly debated.

273
00:18:04,720 --> 00:18:07,920
Speaker 1: Efforts to ban TikTok have picked up steam and waned

274
00:18:07,960 --> 00:18:10,600
Speaker 1: over the last year, and dozens of states of sued

275
00:18:10,720 --> 00:18:15,080
Speaker 1: Meta for allegedly deliberately designing its platforms to be addictive

276
00:18:15,160 --> 00:18:18,600
Speaker 1: to kids. But when you consider the millions of dollars

277
00:18:18,640 --> 00:18:22,400
Speaker 1: that tech CEOs contribute to political campaigns, where you can

278
00:18:22,520 --> 00:18:25,560
Speaker 1: understand how reform and compliance for that industry is slow

279
00:18:25,560 --> 00:18:29,760
Speaker 1: to come by. It's this tenuous interface between politics and

280
00:18:29,840 --> 00:18:34,600
Speaker 1: corporate level which raises serious questions about accountability and oversight

281
00:18:34,720 --> 00:18:39,879
Speaker 1: for all businesses, including daycare. In the case of Paddy's Daycare,

282
00:18:40,040 --> 00:18:43,320
Speaker 1: local assemblyment Rusty Arrais sent a letter to the Department

283
00:18:43,320 --> 00:18:47,600
Speaker 1: of Social Services in support of her operation. He passionately

284
00:18:47,760 --> 00:18:51,280
Speaker 1: argued that any violations recorded on her premises should be

285
00:18:51,320 --> 00:18:55,720
Speaker 1: forgiven and that Patty's Daycare provided a much needed community resource.

286
00:18:56,480 --> 00:18:59,640
Speaker 1: And just like that, in a scenario that certainly seemed

287
00:18:59,640 --> 00:19:03,560
Speaker 1: to be connected to Rusty Euaeus's letter, Patty retained her

288
00:19:03,600 --> 00:19:07,879
Speaker 1: license to operate, regardless of the repeated serious violations that

289
00:19:08,000 --> 00:19:11,640
Speaker 1: directly impacted upon the safety of the children in her custody.

290
00:19:12,480 --> 00:19:14,879
Speaker 1: Maybe it's just me, but there certainly seems to be

291
00:19:14,920 --> 00:19:17,960
Speaker 1: a distasteful theme here in Santa Clara, and it's one

292
00:19:18,000 --> 00:19:21,160
Speaker 1: that favors Patty Gallart and her family over the welfare

293
00:19:21,160 --> 00:19:25,200
Speaker 1: of children. Patty's Daycare was a catastrophe waiting to happen,

294
00:19:25,440 --> 00:19:28,080
Speaker 1: and Little Kine and the Velasquez family paid the price

295
00:19:28,119 --> 00:19:31,240
Speaker 1: for the DSS turning a blind eye to bad business.

296
00:19:31,760 --> 00:19:34,320
Speaker 1: Little Caine should never have been in contact with Harry

297
00:19:34,320 --> 00:19:38,000
Speaker 1: Gillart or Patty Gallart for that matter. The decades of

298
00:19:38,080 --> 00:19:41,639
Speaker 1: violations should have shut her business down long before Little

299
00:19:41,680 --> 00:19:46,320
Speaker 1: Kane was ever enrolled there. Many, many people failed in

300
00:19:46,400 --> 00:19:50,000
Speaker 1: their responsibilities leading up to his alleged abuse, and that

301
00:19:50,240 --> 00:19:56,720
Speaker 1: in and of itself is terrible and tragic. So at

302
00:19:56,760 --> 00:20:00,720
Speaker 1: this stage of the unraveling scandal. We have Michelle trying

303
00:20:00,760 --> 00:20:03,920
Speaker 1: to keep her home together and attend every legal hearing

304
00:20:03,960 --> 00:20:06,840
Speaker 1: in the wake of Little Kine's alleged sexual abuse and

305
00:20:06,960 --> 00:20:10,520
Speaker 1: Big Kaine's arrest. And on the other side, we have

306
00:20:10,560 --> 00:20:14,000
Speaker 1: the Gallard family, the Department of Social Services, and the

307
00:20:14,080 --> 00:20:17,439
Speaker 1: DA's office, all with a pattern of playing dirty to

308
00:20:17,480 --> 00:20:21,200
Speaker 1: some degree. And sadly, the situation was about to become

309
00:20:21,280 --> 00:20:25,440
Speaker 1: even dirtier because it wasn't just Michelle who attended the hearings.

310
00:20:25,880 --> 00:20:30,840
Speaker 1: Little Caine's participation was called upon two. Little Kane, who

311
00:20:30,880 --> 00:20:33,800
Speaker 1: was too traumatized to leave his home, who spent his

312
00:20:33,960 --> 00:20:36,960
Speaker 1: days now having picnics in the living room and watching

313
00:20:37,000 --> 00:20:39,920
Speaker 1: movies by his mother's side instead of playing with other

314
00:20:40,000 --> 00:20:43,280
Speaker 1: kids his age, was now expected to stand up for

315
00:20:43,400 --> 00:20:47,359
Speaker 1: himself in court. If this sounds like a less than

316
00:20:47,440 --> 00:20:51,480
Speaker 1: ideal situation to you, then you're certainly not alone. But

317
00:20:51,600 --> 00:20:55,879
Speaker 1: the assistant district attorney assigned to Harry Gallard's case, Robert Philbrook,

318
00:20:56,280 --> 00:20:59,360
Speaker 1: told Michelle Velasquez that he wanted Little Kin to take

319
00:20:59,359 --> 00:21:02,760
Speaker 1: the stand at Harry's preliminary hearing, despite it being a

320
00:21:03,000 --> 00:21:07,960
Speaker 1: huge and highly unusual request. You see, according to child

321
00:21:08,000 --> 00:21:11,840
Speaker 1: abuse experts, having a child testify at any court proceeding

322
00:21:11,920 --> 00:21:15,520
Speaker 1: as fraught with difficulty, both for the child and for

323
00:21:15,600 --> 00:21:19,159
Speaker 1: the case. This is because kids fundamentally are at a

324
00:21:19,200 --> 00:21:22,640
Speaker 1: different stage of development at adults. They have different abilities

325
00:21:22,680 --> 00:21:26,600
Speaker 1: to recall facts and judge concepts like time passing or

326
00:21:26,640 --> 00:21:30,480
Speaker 1: how many times something happened. As a detective or prosecutor,

327
00:21:30,920 --> 00:21:33,720
Speaker 1: it's important to understand those challenges when it comes to

328
00:21:33,720 --> 00:21:37,359
Speaker 1: putting a child on the stand in court, and if possible,

329
00:21:37,840 --> 00:21:42,160
Speaker 1: it's almost always preferable to avoid putting an already traumatized

330
00:21:42,240 --> 00:21:46,200
Speaker 1: child on the stand altogether. Michelle Velasquez and the lead

331
00:21:46,280 --> 00:21:49,919
Speaker 1: investigative detective both took the stand at Harry Gilark's preliminary

332
00:21:49,920 --> 00:21:54,160
Speaker 1: hearing on February twenty seven, twenty twenty three. Typically, those

333
00:21:54,200 --> 00:21:57,080
Speaker 1: witnesses would be the only ones the prosecutor will call

334
00:21:57,320 --> 00:22:00,520
Speaker 1: would need to call at such a hearing, because all

335
00:22:00,520 --> 00:22:03,399
Speaker 1: the prosecution is required to prove is that there is

336
00:22:03,560 --> 00:22:06,439
Speaker 1: probable cause to believe the crime happened and that the

337
00:22:06,520 --> 00:22:09,879
Speaker 1: defendant is the one who committed it. It's like a

338
00:22:10,000 --> 00:22:12,600
Speaker 1: just over a fifty percent sort of standard to establish

339
00:22:12,640 --> 00:22:15,959
Speaker 1: probable cause. There's no jury and it's not a trial,

340
00:22:16,480 --> 00:22:20,119
Speaker 1: not yet. And while it may seem counterintuitive for a

341
00:22:20,160 --> 00:22:23,119
Speaker 1: preliminary hearing to be more stressful for a child than

342
00:22:23,160 --> 00:22:27,280
Speaker 1: testifying during the actual trial, the reverse is often true

343
00:22:28,000 --> 00:22:31,480
Speaker 1: because regardless of whether it's a preliminary hearing or trial,

344
00:22:31,960 --> 00:22:36,080
Speaker 1: the child testifying will need to endure cross examination, and

345
00:22:36,160 --> 00:22:40,119
Speaker 1: at least during a trial, a jury is watching, which

346
00:22:40,119 --> 00:22:42,920
Speaker 1: means the defense attorney must be on their best behavior

347
00:22:43,440 --> 00:22:46,280
Speaker 1: not to seem overly aggressive towards a little kid on

348
00:22:46,320 --> 00:22:50,439
Speaker 1: the stand. But in a preliminary hearing, well, all gloves

349
00:22:50,440 --> 00:22:53,280
Speaker 1: are off, there is no jury, and so the defense

350
00:22:53,280 --> 00:22:56,840
Speaker 1: attorney is one hundred percent focused when trying to get

351
00:22:56,880 --> 00:23:00,320
Speaker 1: his or her client off. In a preliminary hearing, the

352
00:23:00,320 --> 00:23:03,080
Speaker 1: defense attorney actually has a big incentive to try and

353
00:23:03,119 --> 00:23:07,479
Speaker 1: make the child testifying feel uncomfortable, even scared, so they

354
00:23:07,520 --> 00:23:10,639
Speaker 1: are more likely to look uncertain of their testimony and

355
00:23:10,720 --> 00:23:14,080
Speaker 1: appear as though they can't be trusted. If that sounds

356
00:23:14,160 --> 00:23:18,960
Speaker 1: terrible to you, then congratulations, that's a natural and decent reaction.

357
00:23:19,680 --> 00:23:22,360
Speaker 1: It's an awful thing to ask of a child who

358
00:23:22,440 --> 00:23:25,919
Speaker 1: has already been through so much. As Tim McDonald, a

359
00:23:26,040 --> 00:23:30,359
Speaker 1: veteran prosecuting attorney from Benton County says, it's never a

360
00:23:30,359 --> 00:23:33,119
Speaker 1: good situation when you have to make a child relive

361
00:23:33,160 --> 00:23:37,280
Speaker 1: a horrific situation, And the courtroom is an intimidating place

362
00:23:37,320 --> 00:23:40,160
Speaker 1: for anyone, much less a child who is being asked

363
00:23:40,160 --> 00:23:43,359
Speaker 1: to talk about the worst thing that has happened to them.

364
00:23:43,680 --> 00:23:46,600
Speaker 1: So this is why attorneys, for the most part, do

365
00:23:46,640 --> 00:23:48,879
Speaker 1: not put a kid on the stand to testify if

366
00:23:48,920 --> 00:23:52,800
Speaker 1: they don't absolutely have to, and at the preliminary hearing,

367
00:23:53,160 --> 00:23:57,639
Speaker 1: arguably a prosecutor should never have to. Certainly, in the

368
00:23:57,680 --> 00:24:02,160
Speaker 1: preliminary hearing for Harry Gallart, having the victim's mother, Michelle Velasquez,

369
00:24:02,440 --> 00:24:05,520
Speaker 1: and the lead detective testifying should have been more than

370
00:24:05,640 --> 00:24:08,639
Speaker 1: enough to solidly make a case for probable cost to

371
00:24:08,680 --> 00:24:13,400
Speaker 1: the judge, But prosecutor Robert Philbrook insisted on putting little

372
00:24:13,480 --> 00:24:16,600
Speaker 1: Cain on the stand, and that day in court would

373
00:24:16,680 --> 00:24:20,520
Speaker 1: prove pivotal for the Velasquez family, changing the course of

374
00:24:20,600 --> 00:24:26,960
Speaker 1: their lives forever. Imagine the scene Caine Velasquez, a towering

375
00:24:27,040 --> 00:24:30,440
Speaker 1: figure of the Mma world, sitting quietly in the gallery,

376
00:24:30,840 --> 00:24:34,679
Speaker 1: his presence alone a statement, despite a protective order in

377
00:24:34,720 --> 00:24:38,119
Speaker 1: place to keep Cain away from Harry Gallard. The judge

378
00:24:38,200 --> 00:24:42,280
Speaker 1: Javier Alcala allows Cain and his wife Michelle to offer

379
00:24:42,359 --> 00:24:45,720
Speaker 1: comfort to their son, Kine Junior, as he courageously takes

380
00:24:45,760 --> 00:24:50,000
Speaker 1: the stand. Little Kine, now five years old, faces the

381
00:24:50,119 --> 00:24:53,879
Speaker 1: daunting task of recounting his ordeal. It's been more than

382
00:24:53,880 --> 00:24:56,399
Speaker 1: a year since the alleged abuse at this point, but

383
00:24:56,480 --> 00:25:00,000
Speaker 1: he is expected to recall what occurred in excruciating detail.

384
00:25:01,000 --> 00:25:04,920
Speaker 1: Accompanied by stuffed animals and shielded from alleged abuser Harry

385
00:25:04,920 --> 00:25:08,560
Speaker 1: Gallard's view by a piece of cardboard, Little Kine bravely

386
00:25:08,640 --> 00:25:13,480
Speaker 1: recounts his experience, albeit hesitantly, in the unfamiliar court environment.

387
00:25:14,320 --> 00:25:17,040
Speaker 1: In an effort to keep the child from too much stress.

388
00:25:17,480 --> 00:25:21,320
Speaker 1: Despite Harry Gallart sitting just twenty five feet away, Judge

389
00:25:21,320 --> 00:25:24,160
Speaker 1: our Caller permits Little Kine to color in a Pokemon

390
00:25:24,240 --> 00:25:27,640
Speaker 1: coloring book while he testifies. It is the first time

391
00:25:27,720 --> 00:25:30,320
Speaker 1: that Harry Gallart has been physically present at a hearing,

392
00:25:30,800 --> 00:25:34,360
Speaker 1: and the first time that the Gallart and Velasquez families

393
00:25:34,400 --> 00:25:37,399
Speaker 1: have been in the same room since Kine's alleged attack.

394
00:25:37,720 --> 00:25:42,560
Speaker 1: On February twenty eighth, twenty twenty two. Having insisted on

395
00:25:42,600 --> 00:25:45,640
Speaker 1: little Kaine's testimony at the preliminary hearing for Harry Gallart,

396
00:25:46,119 --> 00:25:51,000
Speaker 1: Assistant District Attorney Robert Philbrook navigated the conversation, seeking clear,

397
00:25:51,359 --> 00:25:54,439
Speaker 1: binary answers from Little Kine with the help of a

398
00:25:54,520 --> 00:25:57,879
Speaker 1: simple sketch of a human body. Little Kine alleged that

399
00:25:57,920 --> 00:26:02,760
Speaker 1: Gallart touched him inappropriately in the daycare's bathroom. This moment,

400
00:26:03,200 --> 00:26:07,840
Speaker 1: stark and profound, marked the first direct public implication of

401
00:26:07,880 --> 00:26:11,920
Speaker 1: Harry Gallart by Little Kine. Watching their small beloved son

402
00:26:12,000 --> 00:26:14,919
Speaker 1: in such a stressful situation must have made Cain and

403
00:26:15,040 --> 00:26:19,120
Speaker 1: Michelle feel so terribly helpless, as many parents have described

404
00:26:19,160 --> 00:26:22,960
Speaker 1: in similar situations. In the words of Attorney Tim McDonald,

405
00:26:23,800 --> 00:26:26,159
Speaker 1: no parent wants to put their child on the stand,

406
00:26:26,240 --> 00:26:29,199
Speaker 1: having to be cross examined by a defense attorney and

407
00:26:29,240 --> 00:26:32,440
Speaker 1: being in the same room with the offender. But Attorney

408
00:26:32,480 --> 00:26:36,200
Speaker 1: McDonald goes on to explain that this unthinkably awful situation

409
00:26:36,960 --> 00:26:40,080
Speaker 1: is sometimes a necessary evil for the system to function.

410
00:26:40,960 --> 00:26:46,359
Speaker 1: Without children testifying, we can't hold the offenders accountable. But

411
00:26:46,440 --> 00:26:49,560
Speaker 1: despite the prosecution putting everything on the line to the

412
00:26:49,560 --> 00:26:53,080
Speaker 1: point of insisting on Little Kine's testifying in the preliminary hearing,

413
00:26:53,680 --> 00:26:56,720
Speaker 1: the defense was determined to do everything and anything to

414
00:26:56,840 --> 00:27:01,320
Speaker 1: ensure that Harry Gallart was not held accountable. The defense,

415
00:27:01,560 --> 00:27:04,919
Speaker 1: led by Attorney Stephen D. Philippus, suggested that Little Kaine's

416
00:27:04,960 --> 00:27:10,080
Speaker 1: testimony might have been coached pointy two perceived inconsistencies. De

417
00:27:10,200 --> 00:27:13,840
Speaker 1: Philippus said that, quote, the problem is they extended the

418
00:27:13,880 --> 00:27:16,600
Speaker 1: coaching that goes on with a youngster like that, which

419
00:27:16,600 --> 00:27:19,640
Speaker 1: is why you heard the testimony. He'll say one thing

420
00:27:19,720 --> 00:27:22,560
Speaker 1: and then turn around and say it completely the opposite.

421
00:27:23,359 --> 00:27:26,720
Speaker 1: And while it's natural to grimace hearing Stephen D Philippus

422
00:27:26,800 --> 00:27:30,480
Speaker 1: questioning the validity of Little Kayne's testimony, it is well

423
00:27:30,520 --> 00:27:32,800
Speaker 1: within his role as a defense attorney to do so.

424
00:27:33,520 --> 00:27:37,320
Speaker 1: In fact, it's a classic tactic by the defense to

425
00:27:37,440 --> 00:27:41,680
Speaker 1: question the testimony of a child. After all, without DNA

426
00:27:41,800 --> 00:27:45,960
Speaker 1: or other tangible physical evidence, the entire case is destined

427
00:27:46,000 --> 00:27:49,679
Speaker 1: to rise or fall on Little Kayne's testimony. It was

428
00:27:49,840 --> 00:27:53,920
Speaker 1: undeniably a tense, delicate situation in the Santa Clara County

429
00:27:53,960 --> 00:27:57,399
Speaker 1: court room, with the credibility of a child's words, the

430
00:27:57,480 --> 00:28:00,800
Speaker 1: case against Harry Gillard, and the potential safety of the

431
00:28:01,000 --> 00:28:06,200
Speaker 1: entire community hanging in the balance. Michelle Velaska's testimony, While

432
00:28:06,359 --> 00:28:09,080
Speaker 1: not his gut wrenching as watching her young son's direct

433
00:28:09,119 --> 00:28:14,480
Speaker 1: account of his experience, was still absolutely heartbreaking. In addition

434
00:28:14,560 --> 00:28:16,880
Speaker 1: to recounting what Little Kine had told her and his

435
00:28:16,920 --> 00:28:20,760
Speaker 1: father in his initial disclosure at bedtime, she revealed that

436
00:28:20,840 --> 00:28:24,119
Speaker 1: he'd also mentioned seeing Harry Gallart go into the bathroom

437
00:28:24,359 --> 00:28:28,680
Speaker 1: with other boys at Patty's Steakcare. This was a bombshell

438
00:28:28,800 --> 00:28:32,120
Speaker 1: moment and the first time that other potential victims had

439
00:28:32,160 --> 00:28:36,760
Speaker 1: been publicly alluded to. While no other children have disclosed

440
00:28:36,800 --> 00:28:41,920
Speaker 1: abusive experiences with Harry Gallart, yet, Officer Nathaniel Rodriguez, who

441
00:28:41,960 --> 00:28:44,640
Speaker 1: was the arresting officer on the scene of Kane Velaska's

442
00:28:44,680 --> 00:28:48,600
Speaker 1: alleged attack on the Gallart family, did mention that Cain

443
00:28:48,680 --> 00:28:52,240
Speaker 1: had relayed concern about other children being abused at Patty's

444
00:28:52,240 --> 00:28:56,080
Speaker 1: staycare during his own arrest. So while this claim by

445
00:28:56,160 --> 00:28:58,920
Speaker 1: Little Cain, Big Kane, and the rest of the Velaska's

446
00:28:59,000 --> 00:29:02,040
Speaker 1: family in their lost suit against Harry Gillart has not

447
00:29:02,160 --> 00:29:06,640
Speaker 1: yet been verified, it's important that their concern be taken seriously.

448
00:29:07,520 --> 00:29:10,480
Speaker 1: All the children who attended Patty's daycare should be closely

449
00:29:10,560 --> 00:29:14,040
Speaker 1: monitored and the DA's office should continue to be vigilant,

450
00:29:14,320 --> 00:29:21,000
Speaker 1: understanding that delayed disclosure of abuse is extremely common. In fact,

451
00:29:21,040 --> 00:29:24,720
Speaker 1: a majority of children do not disclose sexual abuse, with

452
00:29:24,840 --> 00:29:28,320
Speaker 1: studies suggesting that only between sixteen and twenty five percent

453
00:29:28,320 --> 00:29:33,160
Speaker 1: of children disclose abuse to family and friends during their childhood. Sadly,

454
00:29:33,200 --> 00:29:36,480
Speaker 1: a study of adult survivors of child sexual abuse found

455
00:29:36,480 --> 00:29:40,720
Speaker 1: delayed disclosure typically occur between three and eighteen years after

456
00:29:40,760 --> 00:29:44,440
Speaker 1: the abuse, with only twenty one point three percent disclosing

457
00:29:44,480 --> 00:29:47,760
Speaker 1: within one month of the abuse. An additional study found

458
00:29:47,800 --> 00:29:50,360
Speaker 1: that forty four point eight percent of people who experience

459
00:29:50,560 --> 00:29:54,680
Speaker 1: child sexual abuse never disclosed what had happened to them,

460
00:29:55,040 --> 00:29:59,080
Speaker 1: not to anyone. It's a terrible secret to keep, and

461
00:29:59,160 --> 00:30:01,560
Speaker 1: it's a good thing that little Kane didn't keep the

462
00:30:01,600 --> 00:30:05,360
Speaker 1: secret because kids who disclosed child sexual abuse within one

463
00:30:05,440 --> 00:30:10,400
Speaker 1: year and received support have improved psychological outcomes in adulthood,

464
00:30:10,560 --> 00:30:15,240
Speaker 1: and because Little Kane's disclosure prevented Harry Gallart from allegedly

465
00:30:15,280 --> 00:30:20,160
Speaker 1: continuing his abuse unchecked. Of course, to Velaskaz family weren't

466
00:30:20,200 --> 00:30:23,920
Speaker 1: the only ones testifying at Harry Gallard's hearing. Harry's mother,

467
00:30:24,040 --> 00:30:27,800
Speaker 1: Patty Gallart, testified as well. She described her son's presence

468
00:30:27,840 --> 00:30:31,840
Speaker 1: at her daycare business as incidental, a happenstance, rather than

469
00:30:31,880 --> 00:30:35,040
Speaker 1: a regular occurrence, despite the fact that he was a

470
00:30:35,080 --> 00:30:39,520
Speaker 1: resident of her home. Patty specifically testified that her son

471
00:30:39,560 --> 00:30:43,120
Speaker 1: Harry was sometimes at her daycare facility when children were present,

472
00:30:43,520 --> 00:30:46,400
Speaker 1: but that he did not work there in an official capacity.

473
00:30:47,240 --> 00:30:49,800
Speaker 1: She also shared an incident at the daycare in which

474
00:30:49,800 --> 00:30:52,520
Speaker 1: she said a group of children teased Harry and called

475
00:30:52,600 --> 00:30:55,200
Speaker 1: him funny names, and said that her son played back.

476
00:30:55,920 --> 00:30:58,840
Speaker 1: At one point, Patty said her son Harry picked up

477
00:30:58,920 --> 00:31:01,480
Speaker 1: Kane Junior and said he'd put him in a trash

478
00:31:01,520 --> 00:31:04,120
Speaker 1: can if he didn't stop calling him names, before putting

479
00:31:04,200 --> 00:31:07,720
Speaker 1: him back down. Patty also testified that she told Caine

480
00:31:07,800 --> 00:31:11,040
Speaker 1: Junior's parents about the incident after it happened, and said

481
00:31:11,080 --> 00:31:15,160
Speaker 1: that at a subsequent Halloween party, Kine Senior approached Harry Gallart,

482
00:31:15,560 --> 00:31:18,120
Speaker 1: picked him up and joked that he would put him

483
00:31:18,160 --> 00:31:23,560
Speaker 1: in a trash can. The defense, led by attorney Stephen D. Philippus,

484
00:31:23,640 --> 00:31:27,240
Speaker 1: focused on this story shared by Patty, suggesting that little

485
00:31:27,320 --> 00:31:30,560
Speaker 1: Kayne's fear might stem from being physically picked up by

486
00:31:30,560 --> 00:31:35,680
Speaker 1: Harry Gallart playfully. Stephen D. Philippus highlighted the fun nature

487
00:31:35,720 --> 00:31:39,840
Speaker 1: of this interaction, contrasting it with the allegations of sexual abuse.

488
00:31:41,480 --> 00:31:45,600
Speaker 1: But Assistant District Attorney Robert Philbrooks stood firm, asserting that

489
00:31:45,640 --> 00:31:48,880
Speaker 1: despite the defense attorney Stephen D. Philippus trying to discredit

490
00:31:48,920 --> 00:31:51,840
Speaker 1: Little Kayne's testimony and making it all sound like a

491
00:31:51,880 --> 00:31:56,160
Speaker 1: social misunderstanding, that Little Kayne's account of being inappropriately touched

492
00:31:56,200 --> 00:32:01,320
Speaker 1: by Harry Gallart was clear and credible. Judge Xavier Alkala,

493
00:32:01,520 --> 00:32:06,200
Speaker 1: weighing these conflicting narratives, ultimately sided with Robert philbrook He

494
00:32:06,240 --> 00:32:10,040
Speaker 1: determined that Little Kine's account was truthful enough to establish

495
00:32:10,080 --> 00:32:13,400
Speaker 1: probable cause and sent the case further on for trial

496
00:32:13,640 --> 00:32:18,200
Speaker 1: of the charge of child molestation against Harry Gallart. Perhaps

497
00:32:18,240 --> 00:32:21,240
Speaker 1: DA Robert philbrook had been right to subject Little Kine

498
00:32:21,240 --> 00:32:24,720
Speaker 1: to the unusual task of testifying at a preliminary hearing.

499
00:32:24,760 --> 00:32:29,360
Speaker 1: After all, does the end justify the means? What damage,

500
00:32:29,400 --> 00:32:33,080
Speaker 1: if any, was done by having Little Kine testify? Will

501
00:32:33,120 --> 00:32:35,840
Speaker 1: Little Kine fear going back to the courtroom and being

502
00:32:35,880 --> 00:32:38,840
Speaker 1: called a liar again by the defense attorney when Harry

503
00:32:38,840 --> 00:32:42,520
Speaker 1: Gallart goes to trial. Was the whole experience such an

504
00:32:42,640 --> 00:32:45,640
Speaker 1: ordeal for little Kine that his parents will determine he

505
00:32:45,760 --> 00:32:49,280
Speaker 1: suffered too much to be put through it again. Only

506
00:32:49,320 --> 00:32:53,920
Speaker 1: time will tell, As Harry Gallard's haran concluded, The Velasquez

507
00:32:53,960 --> 00:32:57,520
Speaker 1: family's attorney, Renee Hassling, shared a statement on their behalf,

508
00:32:58,200 --> 00:33:01,600
Speaker 1: the Velasquez family wants and expects justice for their son.

509
00:33:01,720 --> 00:33:05,120
Speaker 1: She read today was an important step towards that goal.

510
00:33:06,520 --> 00:33:10,120
Speaker 1: Harry Gallart remains on supervised release awaiting his trial, which

511
00:33:10,160 --> 00:33:14,720
Speaker 1: is likely to occur sometime this year in twenty twenty four. Meanwhile,

512
00:33:14,840 --> 00:33:18,280
Speaker 1: what does twenty twenty four hold for Kane Veleesquez. While

513
00:33:18,320 --> 00:33:22,320
Speaker 1: despite securing a trial against his son's abuser, Kane himself

514
00:33:22,400 --> 00:33:26,160
Speaker 1: is still up against multiple criminal counts. His legal team,

515
00:33:26,280 --> 00:33:29,360
Speaker 1: just like Harry's, must mount a persuasive defense to try

516
00:33:29,400 --> 00:33:32,160
Speaker 1: and sway a jury to acquit him of all charges.

517
00:33:33,000 --> 00:33:38,400
Speaker 1: Of course, one possible defense is chronic traumatic encephalopathy or CTE.

518
00:33:38,760 --> 00:33:41,320
Speaker 1: As we discussed in the last episode of Playing Dirty,

519
00:33:41,960 --> 00:33:46,719
Speaker 1: CTE affects memory, behavior, and personality. It certainly tracks as

520
00:33:46,720 --> 00:33:49,920
Speaker 1: a potential trigger for Caine's alleged armed assault on the

521
00:33:49,920 --> 00:33:53,520
Speaker 1: Gallart family. On February twenty eight, twenty twenty two, and

522
00:33:53,560 --> 00:33:57,080
Speaker 1: putting CTE in the minds of jurors might offer insight

523
00:33:57,120 --> 00:34:00,560
Speaker 1: into Kine's actions and state of mind, framing him alleged

524
00:34:00,640 --> 00:34:04,600
Speaker 1: behavior in a new and maybe more forgiving light. But

525
00:34:04,720 --> 00:34:07,960
Speaker 1: CTE is only a speculative defense since it could only

526
00:34:08,040 --> 00:34:12,040
Speaker 1: be diagnosed in a post mortem autopsy. So what else

527
00:34:12,040 --> 00:34:14,840
Speaker 1: could Kane Velaska's defense team focus on to convince a

528
00:34:14,920 --> 00:34:18,000
Speaker 1: jury that kin should not be held to further account

529
00:34:18,000 --> 00:34:22,800
Speaker 1: for his alleged violent actions. Well, it's possible the Caine's attorney,

530
00:34:22,800 --> 00:34:26,200
Speaker 1: Mark Garrigos will be putting forth a crime of passion defense.

531
00:34:26,840 --> 00:34:29,440
Speaker 1: We've all heard that term crime of passion, but what

532
00:34:29,480 --> 00:34:33,360
Speaker 1: does it actually mean? In legal terms? A crime of

533
00:34:33,440 --> 00:34:37,040
Speaker 1: passion defense is a criminal defendant's excuse for lacking the

534
00:34:37,080 --> 00:34:41,320
Speaker 1: premeditation element of a crime due to sudden anger or heartbreak.

535
00:34:41,880 --> 00:34:45,280
Speaker 1: It has been successfully used to reduce sentences, for example,

536
00:34:45,520 --> 00:34:49,759
Speaker 1: from murder to a voluntary manslaughter. But typically for a

537
00:34:49,760 --> 00:34:53,239
Speaker 1: crime of passion defense to be successful, an attorney needs

538
00:34:53,280 --> 00:34:56,960
Speaker 1: to provide that the defendant acted immediately after the provocation,

539
00:34:57,160 --> 00:35:00,560
Speaker 1: without time to quote cool off. Basically, there needs to

540
00:35:00,600 --> 00:35:04,799
Speaker 1: be no evidence of premeditation. Now it's going to be

541
00:35:04,920 --> 00:35:08,560
Speaker 1: challenging for Mark Geragos to launch this defense, since Kane

542
00:35:08,640 --> 00:35:12,320
Speaker 1: Velasquez allegedly waited several days until he knew the Gallart

543
00:35:12,400 --> 00:35:15,880
Speaker 1: family would be driving to get Harry's monitoring device fitted

544
00:35:15,920 --> 00:35:19,640
Speaker 1: per the terms of his release. Kin also allegedly brought

545
00:35:19,640 --> 00:35:24,520
Speaker 1: additional ammunition in his SUV, which could arguably indicate forethought.

546
00:35:25,320 --> 00:35:28,560
Speaker 1: Having said that, in Cain's case, the alleged crime of

547
00:35:28,600 --> 00:35:31,880
Speaker 1: a high speed car chase and shooting did closely follow

548
00:35:31,920 --> 00:35:36,239
Speaker 1: a deeply personal and traumatic revelation the alleged abuse of

549
00:35:36,280 --> 00:35:39,880
Speaker 1: his young son, this matters because the crime of passion

550
00:35:39,880 --> 00:35:44,080
Speaker 1: defense is not about justifying the action, It's about context.

551
00:35:44,960 --> 00:35:47,800
Speaker 1: Mark Arragos will almost certainly argue that Kin was driven

552
00:35:47,840 --> 00:35:51,960
Speaker 1: by an intense, almost unbearable emotional response to the news

553
00:35:51,960 --> 00:35:54,880
Speaker 1: of his son's abuse or being released, leading him to

554
00:35:54,920 --> 00:35:58,719
Speaker 1: act in a way that he normally wouldn't. Mark Garrigos's

555
00:35:58,800 --> 00:36:01,640
Speaker 1: crime of passion defense would acknowledge the gravity of the

556
00:36:01,680 --> 00:36:05,680
Speaker 1: act allegedly perpetrated by Kane, but equally ask the jury

557
00:36:05,719 --> 00:36:10,440
Speaker 1: to consider the human element, the anguish, the desperation, and

558
00:36:10,520 --> 00:36:15,279
Speaker 1: the emotional response to a horrifying situation. Let's be clear,

559
00:36:15,640 --> 00:36:19,200
Speaker 1: crime of passion is a complex and often contentious defense.

560
00:36:20,000 --> 00:36:22,719
Speaker 1: It doesn't excuse a crime, but it does aim to

561
00:36:22,800 --> 00:36:26,400
Speaker 1: provide a fuller view of why it occurred. The defense

562
00:36:26,560 --> 00:36:30,799
Speaker 1: must convincingly argue that Kine's actions were a direct, immediate

563
00:36:30,840 --> 00:36:35,279
Speaker 1: response to an overwhelming emotional trigger, and they also must

564
00:36:35,320 --> 00:36:38,360
Speaker 1: make it crystal clear that that trigger no longer exists,

565
00:36:38,719 --> 00:36:43,000
Speaker 1: rendering Cain no longer a threat to anyone. The jury's

566
00:36:43,080 --> 00:36:46,200
Speaker 1: role in the Kane Velasquez case will be crucial. They

567
00:36:46,200 --> 00:36:49,640
Speaker 1: will need to consider if extreme emotional disturbance can lead

568
00:36:49,680 --> 00:36:52,719
Speaker 1: a person to act out of character, and ask themselves

569
00:36:52,840 --> 00:36:58,080
Speaker 1: if they in Kane's position might have reacted similarly. A

570
00:36:58,120 --> 00:37:02,040
Speaker 1: crime of passion defense walks a fine line, navigating the

571
00:37:02,120 --> 00:37:07,360
Speaker 1: murky waters between legal culpability and emotional turmoil, and for

572
00:37:07,440 --> 00:37:10,359
Speaker 1: that reason, there is no guarantee the judge will allow

573
00:37:10,400 --> 00:37:14,000
Speaker 1: defense attorney mark Errogos to make these arguments. In Kaine's trial.

574
00:37:14,640 --> 00:37:18,959
Speaker 1: We will see. But the good and arguably equitable news

575
00:37:18,960 --> 00:37:22,480
Speaker 1: for the Velasques family is that Kin was finally released

576
00:37:22,480 --> 00:37:26,200
Speaker 1: from prison on November eighth, twenty twenty two, on one

577
00:37:26,239 --> 00:37:29,040
Speaker 1: million dollars bail and with the conditions of wearing a

578
00:37:29,080 --> 00:37:32,640
Speaker 1: GPS tracker and staying at least three hundred yards away

579
00:37:32,640 --> 00:37:36,600
Speaker 1: from the Gallard family after spending eight long months in custody.

580
00:37:37,280 --> 00:37:41,120
Speaker 1: This decision by Judge Arthur Bocanegra was greeted with relief

581
00:37:41,280 --> 00:37:46,640
Speaker 1: and joy by Kaine's family, friends, and legal team. Kaine's attorney,

582
00:37:46,680 --> 00:37:50,520
Speaker 1: Mark Erragos, could not contain his gratitude. It's been a

583
00:37:50,600 --> 00:37:54,640
Speaker 1: long slog, mark Erragos told ESPN, and while this sentiment

584
00:37:54,800 --> 00:37:58,240
Speaker 1: was certainly felt by the Velasquez family and Mma community

585
00:37:58,239 --> 00:38:02,080
Speaker 1: at large, Kane as himself hadn't just viewed his time

586
00:38:02,120 --> 00:38:05,600
Speaker 1: behind bars as a period of confinement. He determined to

587
00:38:05,680 --> 00:38:09,440
Speaker 1: use it as an opportunity for self reflection. Speaking on

588
00:38:09,480 --> 00:38:13,200
Speaker 1: the Jackson podcast, Caines shared that he really needed to

589
00:38:13,239 --> 00:38:16,360
Speaker 1: be alone to take care whatever. He said that he

590
00:38:16,400 --> 00:38:19,880
Speaker 1: had a newfound appreciation for freedom and for the small

591
00:38:19,920 --> 00:38:23,719
Speaker 1: things in life which we all often take for granted. So,

592
00:38:24,040 --> 00:38:28,000
Speaker 1: like Harry Gallart, Kane Velasquez also awaits his trial outside

593
00:38:28,040 --> 00:38:31,840
Speaker 1: of prison in the company of his beloved family. From here,

594
00:38:32,480 --> 00:38:35,359
Speaker 1: we can only ponder the looming questions that hang over

595
00:38:35,400 --> 00:38:38,120
Speaker 1: the upcoming court actions for both the Harry Gallart and

596
00:38:38,200 --> 00:38:42,560
Speaker 1: Kane Velasquez cases. What fate likely awaits Harry Gallard in

597
00:38:42,600 --> 00:38:45,440
Speaker 1: the court room? Will the evidence present it lead to

598
00:38:45,480 --> 00:38:48,440
Speaker 1: his conviction or will there be twists in his trial

599
00:38:48,520 --> 00:38:51,400
Speaker 1: that could alter the course of justice? How will the

600
00:38:51,480 --> 00:38:56,080
Speaker 1: jury perceive Little Kaine's testimony? What fate likely awaits Kane

601
00:38:56,160 --> 00:38:59,319
Speaker 1: Velasquez in the court room? How will his background as

602
00:38:59,360 --> 00:39:03,040
Speaker 1: an mma be perceived by a jury? Will they interpret

603
00:39:03,080 --> 00:39:05,640
Speaker 1: his actions as those of a vigilante father pushed to

604
00:39:05,680 --> 00:39:08,680
Speaker 1: the brink by a nightmare scenario? Or will he be

605
00:39:08,760 --> 00:39:12,160
Speaker 1: viewed as a public danger, someone who overstepped the boundaries

606
00:39:12,160 --> 00:39:15,279
Speaker 1: of law and order and should pay the price. The

607
00:39:15,360 --> 00:39:18,200
Speaker 1: answers to these questions will shape not only the outcomes

608
00:39:18,200 --> 00:39:21,440
Speaker 1: of these trials, but also the lives of everyone involved.

609
00:39:21,800 --> 00:39:25,320
Speaker 1: And just as itself, as always, is also on trial.

610
00:39:26,520 --> 00:39:29,680
Speaker 1: This Playing Dirty Scandal doesn't have its ending yet. But

611
00:39:29,760 --> 00:39:32,400
Speaker 1: now that you have the inside scoop from yours, truly,

612
00:39:33,120 --> 00:39:35,239
Speaker 1: you know to keep your eyes peeled for news on

613
00:39:35,320 --> 00:39:38,720
Speaker 1: both cases to ensure your thirst for scandal gets quenched.

614
00:39:39,520 --> 00:39:41,600
Speaker 1: I'm Jay Harris, and I'll meet you back here next

615
00:39:41,640 --> 00:39:53,440
Speaker 1: week for another episode of Playing Dirty Sports Scandals. Playing

616
00:39:53,480 --> 00:39:57,160
Speaker 1: Dirty Sports Scandals is a production of Dan Patrick Productions,

617
00:39:57,520 --> 00:40:02,080
Speaker 1: never Ever Productions and Workhouse Media from executive producers Dan Patrick,

618
00:40:02,400 --> 00:40:07,200
Speaker 1: Paul Anderson, Nick Panela, Maya Glickman, and Jennifer Clary. Hosted

619
00:40:07,200 --> 00:40:11,400
Speaker 1: by Jay Harris, Written and produced by Jen Brown, Francie Haiks,

620
00:40:11,640 --> 00:40:13,480
Speaker 1: Maya Glickman, and Jennifer Clare,