I'M HERE TODAY ON BEHALF OF THE POOL, YOUR HONOR. THE PHOTOGRAPHER WOULD LIKE TO ADDRESS THE COURT AND THEN I WOULD LIKE TO ADD A FEW WORDS IF I MIGHT.
GOOD MORNING, YOUR HONOR. I WANT TO APOLOGIZE FOR ANY PROBLEMS THAT I MIGHT HAVE CAUSED WITH TESTING THE EQUIPMENT YESTERDAY.
YES, SIR. WE WERE EXPERIENCING SOME PROBLEMS WITH THE CAMERA PRIOR TO THE LUNCH HOUR AND I FELT --
NO FOCUSING AND NO FIRING, WHICH IS ALL ON THE SAME SWITCH. AND THIS IS A PROBLEM WE'VE HAD IN THE PAST. AND THE CAMERAS WERE CONFINED DURING THE FIRST SESSION AND THEN I DOWNLOADED THE FILM, CHANGED BATTERIES, WENT BACK OUT, AND I HAD NOTHING FOR THE REST OF THE MORNING. SO I FELT IT NECESSARY AT THE LUNCH BREAK TO TEST IT AGAIN AND MAKE SURE IT WAS WORKING. AND IF IT HADN'T BEEN, I HAD THE REST OF THE LUNCH HOUR TO TRY TO RESOLVE THE PROBLEM. AND IT WAS AT THE TIME THAT I WAS TESTING IT THAT I NOTICED ALL THE KIDS IN HERE. AND I DIDN'T REALLY ACTUALLY EVEN SEE YOU AT FIRST, BUT THEN NOTICED IT WAS YOU THAT WAS TALKING TO THE KIDS. AND I -- FOR WHATEVER REASON, THE CAMERA STARTED WORKING AGAIN, BUT I HAD TO FIRE IT TO MAKE SURE THAT IT WAS OPERATING RIGHT, AND I TOOK TWO SHOTS, TOOK --
YES, SIR. THAT'S WHERE I KIND OF BLEW IT. I DIDN'T USE THE BEST JUDGMENT AND I TOOK A PICTURE OF YOU TALKING WITH THE KIDS. AND ONCE I ESTABLISHED THE FACT THAT THE CAMERA WAS WORKING WELL, I SHUT IT DOWN AND LEFT FOR LUNCH. AND THEN AFTER LUNCH -- DURING LUNCH, I GOT THINKING TO MYSELF THAT THIS WAS KIND OF A NEAT PICTURE, SOMETHING DIFFERENT AND, YOU KNOW, YOU TAKING TIME OUT OF YOUR SCHEDULE TO TALK WITH THE KIDS AND I THOUGHT IT MIGHT BE A NICE FEATURE PHOTO. AND THAT'S WHY -- I RAN INTO TASIA BEFORE THE AFTERNOON SESSION STARTED AND ASKED HER IF SHE COULD ASK YOU TO MAKE AN EXCEPTION IN THIS CASE AND SEE IF IT WOULD BE POSSIBLE TO USE THAT SHOT. AND I JUST THOUGHT IT WAS KIND OF A NEAT PHOTO SHOWING -- AGAIN, SHOWING YOU KIND OF TAKING TIME OUT OF YOUR BUSY SCHEDULE TO TALK WITH THESE KIDS. AND THAT WAS JUST POOR JUDGMENT ON MY PART.
YOU UNDERSTOOD THAT WAS A CLEAR VIOLATION OF THE COURT'S RULES REGARDING CAMERAS IN THE COURTROOM?
YES. YES. AND I KNOW THERE WAS SOME PROBLEMS RECENTLY WITH ANOTHER MEMBER OF THE MAGAZINE POOL, AND I SHARE IN YOUR CONCERN AND FRUSTRATION ABOUT ALL OF THIS.
ON BEHALF OF THE POOL, WE OFFER OUR APOLOGIES. WE DO HAVE THE NEGATIVES, IN FACT, THE ENTIRE ROLL OF FILM THAT WAS TAKEN YESTERDAY. SO WE CAN GIVE THE COURT THE NEGATIVES OF THOSE THREE SHOTS. NO PHOTOGRAPHS WERE PRINTED. THERE WAS NOT AN INTENTION, AS I UNDERSTOOD, EVER TO PRINT A COPY OF THE PHOTOGRAPHS THAT WERE TAKEN DURING THE TEST WITHOUT PERMISSION FROM THE COURT TO DO SO. AND I HAVE ASKED THEM TO BRING AND THEY HAVE BROUGHT TODAY THE NEGATIVES SO THAT THEY CAN BE GIVEN TO THE COURT AND THE COURT TO DISPOSE OF OR USE HOWEVER YOU WOULD LIKE. THIS AGAIN IS AN UNFORTUNATE INCIDENT AND A MISTAKE WAS MADE AND A LAPSE OF JUDGMENT, WHICH I WOULD ASK THE COURT ON BEHALF OF THE POOL NOT TO PUNISH THE ENTIRE POOL FOR WHAT WAS CERTAINLY NOT THE BEST JUDGMENT, BUT NOT AN INTENTIONAL OR DELIBERATE FLAUNTING OF THE COURT'S AUTHORITY. AND THE PHOTOGRAPHER DID NOT INTEND TO USE THE PHOTOGRAPHS AND DIDN'T TRY TO USE THEM WITHOUT GETTING THE COURT'S PERMISSION. WE HAVE ASKED AND HE ACTUALLY HAS VOLUNTEERED NOT TO BE A MEMBER OF THE INDIVIDUALS RUNNING THE POOL CAMERA AT ANY POINT DURING THIS PROCEEDING SO THAT HIS LAPSE IN JUDGMENT PUNISHES HIMSELF, BECAUSE HE WILL NO LONGER BE ABLE TO PARTICIPATE, BUT NOT PUNISH THE REST OF THE POOL. AND IF THERE ARE OTHER MEASURES --
IT'S SORT OF PIER PRESSURE THAT KEEPS THE -- KEEPS EVERYBODY ELSE IN LINE; WOULDN'T YOU SAY?
WELL, I THINK THERE ARE TWO THINGS THAT KEEP PEOPLE IN LINE, YOUR HONOR. ONE IS THE FEAR OF HAVING TO APPEAR BEFORE YOU AND EXPLAIN YOUR ACTIONS. AND I KNOW, AS HE INDICATED, THE PHOTOGRAPHER FEELS VERY BADLY ABOUT WHAT HAPPENED AND WAS NOT INTENDING TO DO ANYTHING TO FLAUNT THE COURT'S ORDER, BUT WAS SIMPLY TESTING THE CAMERA AND DID SO IN A WAY THAT WAS NOT APPROPRIATE. BUT HAD THERE BEEN AN ATTEMPT TO USE THE PHOTOGRAPHS WITHOUT THE COURT'S PERMISSION, THEN I WOULD UNDERSTAND PERHAPS A MORE SEVERE SANCTION. BUT UNDER THE CIRCUMSTANCES, THIS PARTICULAR INDIVIDUAL HAS I THINK PAID A PENALTY AND HAS BEEN VERY UPSET AND AGONIZED BY THIS AND WILL PAY THE PENALTY OF NOT BEING ABLE TO PARTICIPATE IN THE POOL, BUT THE REST OF THE POOL I THINK WOULD NOT -- IT WOULD NOT BE A JUST RESULT FOR THEM TO BE PUNISHED FOR WHAT WAS REALLY A MISTAKE OR LAPSE OF JUDGMENT.
BUT, YOU KNOW, IN THE MARINE CORPS, ONE OF THE GREATEST TEACHING TECHNIQUES IS, IF ONE MARINE FAILS, THEN EVERYBODY ELSE HAS TO PAY THE PRICE. ENCOURAGES THAT INDIVIDUAL TO ABIDE BY THE RULES.
KEY QUOTEWELL, YOUR HONOR, I THINK YOU LEARN A LESSON IN A NUMBER OF DIFFERENT WAYS AND I THINK A LESSON HAS BEEN LEARNED BY ALL MEMBERS OF THE POOL THAT THAT POSSIBILITY EXISTS, THAT THE POOL CAMERA MIGHT BE PULLED, AND I KNOW THAT MANY MEMBERS OF THE PHOTO POOL HAD A VERY SLEEPLESS NIGHT LAST NIGHT KNOWING THIS HAD OCCURRED AND THAT -- SO THAT THE LESSON HAS NOT GONE UNLEARNED. AND AS I SAID, IF THIS WERE AN INSTANCE WHERE SOMEBODY HAD DELIBERATELY OR MALICIOUSLY TRIED TO TAKE PHOTOGRAPHS AND PRINT THEM OUT AND PUBLISH THEM, A MORE SEVERE SANCTION MIGHT BE APPROPRIATE AND I WOULD HAVE A MORE DIFFICULT TIME APPEARING BEFORE YOU AND ASKING FOR LENIENCY. BUT UNDER THE CIRCUMSTANCES -- IN FACT, HAD A PHOTOGRAPH EVER BEEN TAKEN OF THE SEAL, THAT WOULD TECHNICALLY HAVE BEEN A VIOLATION OF THE COURT'S ORDER, AND THE FACT THAT HE TOOK A PICTURE TRYING TO SIMULATE WHAT WERE ACTUAL CONDITIONS WHERE YOU WOULD ACTUALLY GET PICTURES OF PEOPLE WAS, AS I SAID, A LAPSE IN JUDGMENT, BUT NOTHING MALICIOUS OR INTENTIONAL IN TERMS OF USING THE PHOTOS.
MAYBE. ALL RIGHT. THE COURT SANCTION WILL BE AS FOLLOWS: MISS SAGER, YOU ARE TO TURN THE NEGATIVES OVER TO THE COURT.
KEY QUOTEWE HAVE TAPED -- SO THE COURT CAN SEE THE ENTIRE ROLL. THE ENTIRE ROLL IS HERE. THE FIRST THREE PICTURES WHERE THE BREAK IS WERE THE PICTURES TAKEN DURING THE RECESS.
THE OFFENDING PHOTOGRAPHER WILL PAY A MONETARY SANCTION TO THE COURT OF $50. HE IS NOT BANNED FROM THE POOL. HOWEVER, HE IS PUT ON ROTATION. THE CAMERA WILL NOT BE REVIVED UNTIL MONDAY. THAT'S THE SANCTION.
YOU'RE LUCKY I DIDN'T HAVE MY TOOL KIT WITH ME.
IN THE MARINE CORPS, ONE OF THE GREATEST TEACHING TECHNIQUES IS, IF ONE MARINE FAILS, THEN EVERYBODY ELSE HAS TO PAY THE PRICE.
WE ASK FOR YOUR FORGIVENESS.
MAYBE. ALL RIGHT. THE COURT SANCTION WILL BE AS FOLLOWS...