>> you've been a great cast. thank you so much. >> that's our show. see you next time on life, liberty and levin. >> previously on scandalous, the trial of william kennedy smith. >> we had three women we wanted to testify that had done the same thing to them. i filed what's called a motion. the court denies the motion. >> of william kennedy smith was sitting here right now. >> if he didn't rape her, i would spit in his face. >> how much were you paid by current affairs. >> 25,015,000 for the second interview.

>> he raped me and i thought he was going to kill me. i recognized my own shortcomings. i recognize that i alone am responsible for them. i am the one who must confront

them. dispersed throughout the trial, various kennedy family members spoke to not only the night in question, but also the trauma of the kennedys past the mackie wasn't a defendant accused of rape, he was basically representative of a kennedy family sitting in that trial and they skillfully exploited that to remind the jurors of who they were to try to give him the benefit of the doubt, whether that was deserved or not. >> there are 21 children in the kennedy family who do not have a father. those who do not have a father , dave kennedy is their surrogate father. >> he wanted to talk to us before he testified. i was kind of upset that i have been dragged out of court come over here to talk to him

when he wouldn't talk to us before. now he is asking me what you want me to it say. i just told him, i want you to tell the truth. >> the man who instigated a good friday incident by getting his son and nephew to go drinking transform the energy in the courtroom from deploring to mourning for the deceased. >> he was very special to me. a brother in war and when. [inaudible] we had another problem. wednesday was gone something left all of us when we buried him. >> all eyes were set on willie

as his face filled with sorrow and low and behold all rotary was forgotten. >> this was a very special weekend before us because on a number of occasions, i come to florida for easter time and it's rare now since my mother is not here, but my sister jean had invited members of my family and the berries to be here over the easter vacation and we came here and this was really the first time that all of us had been together since the death of my brother-in-law. >> when he starts talking about and testifying about brothers that he lost and were thinking of joe kennedy getting blown up in an airplane in world war ii, your thinking of the assassination of john f. kennedy, the assassination of robert f kennedy, everything that this family has given to the service of the united states of america and at one point there was almost not a dry eye in the house. the courtroom was totally silenced and hushed.

>> we were visiting on the patio after dinner and the conversation was very emotional, a very difficult one. it brought back a lot of very special memories for me and particularly the loss of steve who was a brother to me and the other members of the family and i found, at the end of that conversation that i was not able to think about sleeping, it was a very draining conversation a whole range of memories that came as an overwhelming wave in terms of emotion. >> in all of senator kennedy when he testified. the aura of chappaquiddick and all the other issues of bad behavior, alcohol and everything else that comes with it.

all that was buried, totally buried and put aside when you have senator ted kennedy on the stamp. at that time i couldn't possibly sleep, i noticed both patrick and my nephew provided glass windows which are just adjacent to the patio, and i open the door and called for will and patrick and i asked them whether they wanted to go out. i needed to talk to patrick or william and they said yes they would. >> after senator ted kennedy spun the tragedy as his own, he finally delved into the calamity of self and so the triad was off. >> i wish i had gone for a long walk on the beach instead. >> there is dancing, drinking, little kissing and somewhere

in between where he separated from the senator and his son. >> you stated he left about 115. for you at the seawall somewhere after 130? >> it's about a ten minute ride after we got home and then we were there for about 20 minutes. >> while you were at the seawall, did you and patrick have some wine? >> yes we did. >> where did the wine come from after we were seated for a short while, patrick went into the kitchen and brought out a music box and bottled wine. >> how long would you estimate you sat on the veranda. >> probably 20 minutes. >> before you went to bed, did you go to any other particular location. >> i went outside into the pool area where they were sharing to see if they would say good night to them. >> i noticed there were some of the else in the room.

>> was that michelle. >> i assume so, yes. >> what time did you actually go to sleep at night. >> i think a few moments after that. >> but then it's on patrick, he contradicted his father saying he saw his dad on the front lawn late that night. >> what happened as he was in the room with michelle. >> my father knocked on the door. >> and what happened. >> he came in and startled michelle and she said she wanted to leave the room. >> what did you do after that. >> we walked to the beach. >> was their current time where you saw your cousin anywhere on the beach. >> yes. >> what time do you estimate you saw him on the beach. >> about ten or 15 minutes after we were down there, 230 or quarter to three. >> where did you see him. >> i saw him going up the

stairwell. >> where exactly were you on the beach. >> i was north of the stairwell. we walked up the stairwell and along the wall to the parking lot. >> did you see anyone on the lawn as he walked up there. >> yes, i saw my father. he was walking outside. >> was he close to that time. >> yes. >> what was he wearing. >> he was wearing what he was, what he had been wearing before. he wasn't wearing a jacket. >> however, when he was asked again about senator kennedy's wardrobe a second later, he changed his response. >> when you sigh your father on the lawn, was that after he had come to say good night to you. >> yes back in what had he been wearing when he came to say good night to you. >> he had been wearing a nightshirt. >> in light of chappaquiddick, i figured he was going to do what was best for willie and

so i expected him to lie. >> before he went to bed, did you make any effort to see what had happened to william smith? >> no i did not. >> did you know whether he was on the ground at the kennedy state at that time. >> no i did not. >> did you ask patrick to check on him and see where he was. >> no. >> did you hear anything at all. >> no i did not. >> did you hear any screams. >> no i did not. >> did you ask him how he got home? >> no i did not. >> did he volunteer this information. >> no. >> did he tell you he brought a woman back home with him. >> no he did not. >> this is how they were choosing to observe easter weekend, good friday, having ted wander around the estate wearing only his shirt, no pants two alas there was no mention of liquor or the senator's distorted memory and

his highly publicized appearance without pants, no mention of his demeanor when patrick salm on the beach and no mention of the senator and conflicting testimony. others have said he walked around the compound wearing only a shirt. the prosecutor in the smith case chose to forgo that line of potentially embarrassing questioning. >> i didn't think she probed him very deeply. she could have asked more embarrassing questions than she did. i'm sure that's what she was worried about more than anything else. if you had a put it on the one to ten, the potential would have been devastating politically. i put it at about a three and he should consider this his lucky day not coming from me, that's a real stretch because he and i probably think very differently in terms of politics and all of that. >> despite the confusion over the senator's testimony, his

appearance seems to have given smith a big boost. there are many who think the prosecutor let him off easy in a trial that will not only judge his nephew but the kennedy family himself. >> finally, before the accused himself would take the stand, the audience needed one more from the mischief. >> what kind of work do you do. >> i work for an organization that does programming for people with disabilities. that was in 1974. >> who founded the organization. >> i did. it's an international organization. >> wise about the kennedy family has such an interest in

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lo and behold this rape trial wouldn't be complete without a hearing from the accused himself. he said in the opening we will give you evidence that will only come from the defendant and no one else. >> finally the soap opera that had us laughing and crying would end with us doing maybe even a little bit dirty. >> he went to the witness stand smiling after mary lou ordered prosecutors not to ask him about three other young women. they claim smith sexually attacked them. >> i don't think you can really tell by looking at someone if they have committed rape so when i looked at mr. smith, i didn't think one way or another.

>> i remember when you said to me were to tell the truth and we be fine. >> william moore will appeal entry and appeared on stand humble and modest and confused and it was very, very well coached. >> i was waiting for the bartender to serve me. he was serving the fellow next to me and trying to make eye contact and i felt someone brushing against me on the other side. i turned and patty was standing there. >> how clouse was she standing he met quite close. >> i was feeling that i had

gotten picked up. >> i turned to patty and i said patty's car was there and we got into the car and patty drove back. we went into the kitchen, through the pantry and i asked her if she wanted a beer and she said no. we got over to the pool area and i sat down, i remember taking off my shoes, asked her again if she wanted to go in swimming and she said let's go down to the ocean. i went back and patty was standing there and i went over and i kissed her again and we started walking across the lawn arm in arm to the beach. i thought that we were going to have sex. >> we kissed and i put the towel down in the sand and we got on the towel. >> what happened on the towel. >> we started two.

she unbuttoned my pants and i took her panties off with her help and we embraced and i could feel her and i put my hands on her and she was excited and i asked her if she had birth-control. >> what was her response. >> she said we better be careful. >> that's always bothered me. a medical student from georgetown, i assume he probably knew a little something about hiv and std. i was shocked that nobody ever asked him why he never said anything. if it was consensual, why did he use protection.

>> she was massaging me and i wasn't excited enough and she put me inside of her and we started to and she said to be careful and we started to have sex. i got more excited after a while when we were moving together on the lawn and i got more excited and i thought i was may be going to inside her and so i grabbed her very tightly and i told her to stop it and i called her kathy. she got very, very upset and she told me to it get the hell off of her and she hit me with her hand. >> and then what happened. >> i rolloff and she got up

and she marched off and i called after her, patty, i got up and went over to the pool and we swim a couple laps in the pool, we got out of the pool went down to the beach, got dressed, came back up to the house, i went back into the kitchen area to see if she was still there, i wanted to see if her car was there and she was in the kitchen. i said to her try not to worry about what happened because i was pretty careful. >> what did she say. >> she said you're the one who better worry, you raped me michael. >> his tale of lust on the beach with the ma -- with a woman who was eager to have sex with him and a little bit confused was in the courtroom. >> you think this is a believable story mr. smith, what size pants to wear.

>> 35 waste. >> your big man, aren't you. >> did you play any sports in school. >> let's start in high school. were you ever on the wrestling team. >> no. i don't know how patricia sustained those bruises. i do know she didn't get them from me. >> would you consider the story that you told to the jury today to describe an act of love. >> it's not a story, it's the truth. >> you consider this to be an act of love, is that how you describe what happened. >> those were my words, act of love. he's an old fashion guy and that's his way of talking about things. i think probably that i would've picked different words. i would've said have sex. i don't know why she went to

the palm beach police department and reported that i raped her. i only know that i did not rape her. >> many said cross-examination is a engine of truth. >> most lawyers wouldn't be comfortable and she is. he much taken control of the cross-examination. he told the plausible story. it fits and is on solid ground. >> closing arguments are set for the morning and the jurors may finally get the case and the fate of william kennedy smith will rest in their hands. >> it's a totally consensual act of love between two people. >> she did not know what he was going to do. she was petrified he would either strike her or rape her

or injure her in some way. or injure her in some way. >> you rule on ♪ ♪ ♪ it's kind of unfair that safe drivers have to pay as much for insurance... as not safe drivers! ah! that was a stunt driver. that's why esurance has this drivesense® app. the safer you drive, the more you save. don't worry, i'm not using my phone and talking to a camera while driving... i'm being towed. by the way, i'm actually a safe driver. i'm just pretending to be a not safe driver. cool. bye dennis quaid! when insurance is affordable, it's surprisingly painless.

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headquarters, homeland security secretary, kiersten nielsen is resigning. it comes with growing frustration with the administration over the southern border crossing. white house sources say president trump actually asked for nielsen his resignation because he wants the toughest on border security. the u.s. commissioners now the acting head of that department. the trump administration and congress are clashing over president trumps tax returns. the chairman of the house ways and means committee asking the irs to provide six years of trumps personal tax filings in some business filings, two. mick mulvaney is bowing this morning that democrats will quote never see that happen. now, back to scandalous, the trial of william kennedy smith. ♪ ♪

♪ >> after nine absorbing days of testimony, on december 11, 1991, the case went to the jury. smith faced the maximum sentence of up to 15 years . >> the verdict is in order. there will be public expression from anyone in this room upon the pronouncement of this verdict. should there be anyone here, family members of the alleged victims, family members of the defendants or anyone else, members of the media who feel that he or she cannot control himself or herself, please

leave now because if i hear one response, meaning no applause no cheering, no response. if i hear one response from anyone in this room, after the courtroom is cleared there will be hearings, as many as necessary. [inaudible] we find the defendant had not guilty. [inaudible] >> excuse me mr. black, excuse me. >> the jury only took 77 minutes to acquit william kennedy smith of rape.

what's remarkable of fat is it just shows how lightly the jury took this awesome responsibility to fully absorb and maul all of the testimony, all of the evidence. they couldn't even give the cosmetic appearance of staying behind doors for maybe a few hours, maybe a day, but the holidays were coming, judge promised a swift trial. >> we started to discuss it. we realized everyone had the same opinion that it had not been proven that there was reasonable doubt. there was a short time but i believe we did our jobs correctly by the law enacted i think that was a short time? yes, that was pretty short if they consider all the sound experts and everything else in their. then it would've taken a little longer. i think they just did it strictly on his testimony and

her testimony. >> it's kind of appalling that they only spend that amount of time. i believe that had the jury been allowed to hear testimony from the three other women who were prepared to testify that exactly the same things are very similar things that happened to them at the hands of the defendant, given the fact that people are more aware of the epidemic of sexual assault that goes on and sexual harassment, i believe the trial might have gone differently if it were to have happened today as opposed to a 1991. >> they were clearly swayed not just by inexpensive defense team, not just by a prosecutor, but by the entire

kennedy myth. >> i want you to understand something concerning this case. for all the words that i have spoken, all the activities during this trial are the same words and same activity and this is the same process in the same witness stand that we do day in and day out in this courthouse. this has no been a movie made for tv. booktv has come into the courthouse. the courthouse and the people associated with it have not done anything for tv. the only difference between this case and all the other cases that we handle is that more people want to see the case and more people want to be in the courtroom to see the case. that's the only difference.

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as smith emerged from the courthouse, several shouted his name. >> i bike to say merry christmas to everybody who was watching. they say that gratitude is the memory of the heart and i have enough memories in my heart to last a lifetime. i want to say thank you most wealth my mother, i don't think it's possible for a child to repay the debt they owe their parent. i only hope i can be as good a parent to my children as my mother has been to me. i have enormous debt to the system, to god and atrophic faith in both of them. i am just very happy. see you guys later.

>> outside the courthouse, opinions on the verdict are mixed. >> he raped her. >> and very happy about the verdict. justice prevailed. >> read what i believe is not the issue. i made my decision based on the evidence. that's how we made our decision. >> after the verdict, the kennedys with beaming smiles were off to their victory party. >> we had a conversation outside the building when i went my way and he went his. i don't even know about the party that happened that night, if at all. >> this night wasn't only life-changing for willie. >> the evidence did not support her story. it doesn't mean that she

wasn't telling the truth. >> leah, one of the jurors in the trial was also at the bar after willy's acquittal. >> roy black was in this bar down the street and we went and looked in the window we see him having a drink and i remember looking at him saying what, that's not normal that the lead defense attorney is having drinks with the jury foreman, what's going on there , and he came at her and she kissed roy black. and i said she was in the jury. we got video of it. i think he broke that story. he eventually married her, but it was a big deal at the time. it raised questions about whether there was a relationship during the trial. how does that play out? i'm not saying there was, but it was pretty scandalous at the time.

>> it might get tongues wagging today if that happened, but there happily married. >> the kennedy lawyer said the family has prayed for the accuser. >> her testimony was the finest piece of drama i have ever seen in a courtroom. i have to admit there were times that i was frightened that the jury would get carried away with emotion. >> fox news reached out to roy and the rest of his team. we were told the entire defense team had signed a clause in 1991 disallowing them from. dissipating in any interview without the kennedys permission which, to our and knowledge was never obtained. the next at the kennedy mansion there were celebrations and from that point on it was just another day in palm beach florida. >> we all got together and had a happy time. it was a great relief to everyone. >> it was a long haul. i'm glad it's over. >> while a family spokesman announced he would begin his residency next month in

albuquerque. >> you must be relieved to be starting. he is the most notorious young physician at the university of new mexico. >> they remained expressionless, leaving the courtroom without comment. moira was let out com when you rent from national... it's kind of like playing your own version of best ball. because here, you can choose any car in the aisle, even if it's a better car class than the one you reserved. so no matter what, you're guaranteed to have a perfect drive. [laughter] (vo) go national. go like a pro. see what i did there?

after the verdict, we got in our office, we have a car brought to the back of the office and we got in it. he took us to patty's parents house. as we were driving down the road, a van pulls up behind beside us and there's a camera there. they are filming us as we go down the road. >> six blocks away at his office, david roth reacted to reporters and read a statement. >> her courageous decision to pursue this matter, despite the pain she had suffered as well as the unprecedented invasion of privacy, jury has

spoken and we as well as our client have made an enormously difficult decision. >> i think at that moment, when it was finally over, i was happy. i felt bad for patty, but it was not proven. i was just glad it was over because i wanted to get back to my life. >> i felt sorry for patricia bowman. some people would say she wanted to spotlight, was pursuing this for the wrong reasons, i felt sorry for her. i believed her story i believe that most of it must've been true come up probably was true. >> after nine months of insisting on anonymity, smith's accuser left and prompt others to use her name and pictures. >> this is how we have come to know her, as the alleged victim, her identity hidden behind a great electronic mask. now she wants to remove it to

reveal her face and name. patricia joyce bowman, the stepdaughter of the wealthy former head of. [inaudible] the woman who doesn't want visitors instead of a welcome mat, no trespassing sign greets you. a woman the neighbors know but don't like to discuss. >> you can feel tension in the neighborhood because it's gotten on international news. everybody is doing the right thing giving her privacy. >> the debate intensified when the palm beach post edited the woman's name and picture for the first time wednesday morning. the paper has not named her since they accused her now that she's obviously decided she wanted her name and picture to appear in public, we named her. >> while first appearing on abc's primetime live in an interview with diane sawyer on december 19, patricia also did an interview with katie couric

on nbc today. >> william smith was found not guilty but the debate over disclosing names of rate victims is back in the news. new set study said 84% go on reported and others say they would be less likely to report a rape if it meant their mai name would be made public. patricia bowman has gone public and come forward to speak out on the needs of protecting the privacy of people who accuse individuals of rape. good morning to you patricia. >> keeping her face from the public during the trial and immediately, if i remember correctly having her face on television after the trial is over did hurt her credibility somewhat. it made it sound like they were using the bubble as a way of getting the public to presume the guilt of the defendant. i think that's. [inaudible] >> when asked how difficult it's been to get her life back in order, patricia says it's a

long, hard road for any victim but especially one who experiences media scrutiny like she has. >> there's been an additional recovery. because of my journey through the criminal justice system. >> when questioned about the appropriateness of continuing to call herself a victim, she decided to focus on the palm beach residence inset. >> he was acquitted, a jury of his peers. >> so you think that had no validity at all. >> i know what happened to me march 30, 1991. many different people do. >> fox news reached out to patricia bowman to be interviewed. well we never heard back from her, her posttrial lawyer told us she declines to do an interview but gave him permission to speak on her behalf. >> patricia is still trying to retreat to a private lifestyle. these things don't go away easily and they don't go away quickly. >> after patty's trial, she

became a public advocate for more protections for the privacy of crime victims. she participated in very professional, roundtable, panel discussions at universities with newspapers and television, people there to discuss this and what our society should do. >> william kennedy smith's name was dragged through the mud. his private life was closely scrutinized. his reputation was destroyed. six years later when he hoped to bring attention, the night that first put his name in headlines. >> and he raped me. >> this is now on nbc's restricted but list. in the end interview he declared if he hadn't been a kennedy he would've never been charged. on september 11, 2018 we reached out to william kennedy smith as well.

six days later we received a response. 30 years ago i was judged by a jury of my peers. they deliberated for 77 minutes before quitting me of the charges. fox news now seeks to imply that i was not barely tried or have some how escaped justice or if your network airs a program that promotes slander, i will prosecute those to the fullest extent of the law. >> sincerely, will smith. >> i don't think it's been a burden on him. i think it's been a little bit of a distraction. he waited till he was 50 to get married. you can draw your own conclusions from that. now he has a wife and two little kids and a great life and it all worked out. >> there's no question attitudes have changed a lot since 1991. we live in a new world now. it was a different time,

different place, there was no me to it and the pendulum, more often than not, swung to the man inside. >> he's womanizing, sharing marilyn monroe with his brother and cruelly discarding her, ted kennedy left a young woman to die and then felt sorry for himself because it meant he would never be president. the william kennedy smith trial was the apotheosis of america getting a look, a really hard look at the epic hypocrisy of the kennedys. politically, their liberal, there the champions of the poor, they work for women's issues and women's rights, but really, behind closed doors women are to be used, abused, discarded and forgotten when aaron burr was tried for

treason, the jury came back with a verdict of not guilty and he demanded that the jury go back and find an answer and the judge said no, you're not termites, feasting on homes 24/7. we're on the move. roger.

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>> breaking tonight, t trump anns kiersten nielsen is out as homeland security secretary. good evening and welcome to the next revolution. i'm steve hilton. this is the home of positive populism. pro- worker, profamily, community. the men and women saying in part i submitted my resignation for the president this evening. i am internally grateful and proud of what you do each and every day to protect our homeland. each of you are why i came back to serve my country. nielsen also released her resignation lett