the question of facts that was determined by the trial court that should have been left to the jury second the issue of duty and that is the issue the question of fact in this particular case is whether or not the information provided america and bickersteth or john doe at the time those sexual assault occurred in july two thousand and six what was relationship the relationship of the john the with remained a boy scout active in in scouting at that time figure said retired three months before the incident occurred here retired retired effective april first two thousand and six the incident occurred in july of two thousand and six john doe had no that black car could have one of the big or bigger steps that homosexual tendencies i take great issue with that conclusion because with what occurred here and there certainly isn't talking clarke's deposition about you know  feeling uncomfortable around around two but the key is that his children felt uncomfortable uncomfortable around him if it is the policy of this state that in order for us to take any steps against an individual we have to do this and that it was strictly on the first see it billy of of what occurred and that's the sole focus of the supreme court in that case in this case we have it and we have children who feel uncomfortable feel violated around  miners throughout the country if they did go to if somebody had sit down with mr bickersteth and so mr berger figures they have two children reported that you were looking in the mirror they think you were looking at them while they were showing and he said i you left in two thousand so we know that this conversation occurred before to the my client never met mr bickerstaff before two thousand and over the course of six or seven years grew to know him through his relationship  considering the diaries or the journals during the journals what what is there in the journals that helps your cause to shoulder the boy sculpture poor corkery counsel should have done more frankly i don't think the journals are really the cross in this case and i don't think that they're required surely they would have had access to the journals during his employment but what i think it does show is that this person was in fact a pedophile a child molester f existed was because blackwell failed to either end the relationship with bickerstaff in two thousand when they learned of this or they fail to resign i mean i'm sure there's administrative positions that wouldn't have him interacting going if they know that somebody the risk to children reassigning doesn't relieve them of the responsibility does that i wholeheartedly believe he should have been terminated on what basis on the basis that two minor children report the jury is this efficient it may not be sufficient a jury to say you know what we think of this is a rumor we think of this is a kid that you know doesn't like the guy and said something those father if that's the case fine but if we decide as a matter of law that this is not enough then what is before your time and is here what is the i was you join you counsel in the boy scouts of america what was the employment relationship that you're negligent hiring here because there's no real causal relationship between cocaine use and sexual assault what the court said is that that's a crime of moral turpitude and it should've put them on notice of the problem with this person i think that those two under the new rule of evidence that one before yes if you open any page of these diaries or journals as in particular the one related to the victim in this case the plaintiff in this case is conduct background checks but the the the evidence is clear that boy scouts had a very limited role in their hiring procedure if it acted as a as one counseling ploy i believe the same scout executive incident that would be predictive of any sort of violent predatory tendencies and it is that predictive nature that's essential to the question of whether something is something that ought to be raised it ought to stand in the way of a person's higher with respect to the we we're not talking about negligent hiring allegations here but it's important to look and ask what the elements for that tort might be that might  harm that eventually occur during that honorable discharge from the navy predicated apparently on suspicions of homosexual tendencies and as your honor observed homosexual tendencies are far from a crime of moral turpitude not a crime even lack of counsel to be concerned about mr bigger staffs relationship with minor children and so for that reason there's a reason is not the connection it's necessary to establish a either a voluntary because they had been sued i think what the judge was was getting at if i might take the liberty is that the the actions that the plaintiff contends should have been taken were not  not quire but they were the sorts of things that in part because they were not required also because they would have been a fairly aggressive overreaction that they could have been so drastic an overreaction as to have prompted a lawsuit i don't think honour's observation about the statute that requires a mandatory reporting these are not actions certainly not the ones that are race against black rock which are not relevant to my client but also even the other things that whatsoever for what occurred during employment i think that that focus is really approximate cost question and the question is whether or not the duration of the employment in what occurred during that employment was he documents how careful he was not to reveal his tendencies concealing from them he made a mistake that he acted around children in a manner that wasn't appropriate in those children reported that to their father and their father brought it to blackhawk and if it's a matter of law that in the possession of blackhawk when this occurs they make a more informed decision as to whether or not to terminate essentially that's what i believe they should have had i believe the boy scouts had the ability to get that information from its local councils and convey it down