MORRIS DEES FUN FACTS: FROM THE COURT TO YOU...
The head of the anti-White hate group Southern Poverty Law Center is not just a great
"civil rights" lawyer, oh no! Dees's talents go way beyond that. Read and learn...
IN THE ALABAMA COURT OF CIVIL APPEALS CASE NO. CIV. 2114
MAUREENE BASS DEES, Appellant -vs- MORRIS S. DEES, Appellee.
ON APPEAL FROM THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA
BRIEF OF APPELLANT
JULIA S. WATERS
CHARLES M. CROOK
Attorneys for the Appellant
SMITH, BOWMAN, THAGARD,
CROOK & CULPEPPER
P.O. Box 78
Montgomery, Al 36101
Telephone: (205) 834-6500
ORAL ARGUMENT REQUESTED
TABLE OF CONTENTS
STATEMENT OF THE CASE
STATEMENT OF THE FACTS
A. Morris' Financial Condition
B. The Cause Of The Breakup; Vicki Booker McGaha
C. The Reconciliation
D. Morris Can't Give Up His Mistress
E. Maureene Is Compelled To Seek Divorce
F. Morris Sets A Trap
G. Morris' Trap Works: The Hotel Room Agreement
H. Morris' Sexual Appetite
A. Dianne Hicks
B. Cathy Bennett
C. Judith Rogers
D. Deborah Levy
E. Pamela Horowitz
F. Charlie Springman
G. Morris' Stepdaughter
H. Morris' Future Daughter-in-law
A. Morris' Financial Condition
At the time of the divorce, Morris' net worth, based upon his own calculations, was
$3,876,029 (R. 1252, et. seq; Def. Ex. 86-87; Stipulation, R. 231). His annual income
exceeds $230,000 (Def. Ex. 76-79), of which more than $160,000 annually is derived from
municipal bonds upon which Morris pays no income tax (Def. Ex. 28).
B. The Cause Of The Breakup: Vicki Booker McGaha
Although Maureene was subjected to a number of degrading sexual episodes by Morris during
the marriage which will be discussed hereafter, neither Morris nor Maureene ever wanted or
sought a divorce until Morris established his permanent relationship with Vicki Booker
McGaha in August of 1977. It was Morris' absolute refusal to give up his mistress, whom he
was supporting and whom he had made pregnant, that directly caused termination of Maureene's
marriage and forced her to institute these divorce proceedings.
In August, 1977, Morris tried the "Weisenhunt case" in Birmingham, and became acquainted
with Vicki Booker McGaha, who was a member of that jury (R. 1459). Thereafter, Morris and
Vicki began a sexual affair which has still not ended, and which was the cause of
termination of two marriages.
Following their meeting in Birmingham during the Weisenhunt trial in August, 1977, Morris
had sexual relations with Vicki at Oak Mountain State Park in Shelby County (R. 1461), the
Prattville Holiday Inn, the Holiday InnEast, the Governor's House Hotel, and the Howard
Johnson Motel (R. 1462).
The first trip that he took with her was a four day trip to the "Cajun Country" in Louisiana
on a motorcycle in April, 1978 (R. 1464-1465). In August, 1978, Vicki joined Morris in
Columbus, Georgia, where she stayed with him at the Holiday Inn (R. 1468).
Maureene first found out about Vicki when she was contacted by Vicki's husband, who
subsequently turned over to her letters that Morris had written to Vicki and tape
recordings of conversations that Morris had had with Vicki (R. 361-362). Mr. McGaha
divorced Vicki McGaha in May, 1978 (R. 1469).
Around this time, at Morris' request, Maureene met with Morris and Vicki at the Sheraton
Mountain Brook Inn to discuss the situation (R. 358). During this conversation Morris told
Maureene that he was in love with Vicki, that they wanted to be together, and they didn't
care if they had anything but a shack with a dirt floor if they could be together
(R. 358). Morris told Maureene that he and Vicki were going to live together and they they
hoped she would understand. Maureene learned that the affair had been going on since
August of 1977 (R. 280-281, et seq). In later conversations Morris cried and told Maureene
that he loved them both, and that "Vicki has such beautiful blue eyes and she can see right
through you" (R. 360). Following this meeting, Maureene separated from Morris for the
first time and filed the first suit for divorce (R.361).
C. The Reconciliation
After Maureene and Morris had been separated for about four to six weeks, Morris telephoned
her and said that he had made a mistake, that he did love Maureene and wanted her back, and
he swore never to see Vicki McGaha again (R. 282). To assure her of this Morris arranged
another meeting among the three of them as Joe Levin's lake cabin on July 3, 1978 (R. 367,
This meeting was bizarre. In a three-way conversation Morris would first ask Vicki to
state how much she loved him, and he would then turn to Maureene to ask her to state how
much she loved him (R. 367). It was as if he were staging a contest to see who loved him
the most, or who would do the most for him (R. 367). After a lengthy conversation, during
which Morris had taken his socks off, he announced, "all right, I'll tell you girls my
answer when I get my socks on." After taking an inordinate amount of time putting his
socks on, he got up, walked around behind them, put an arm on each girl, and ceremoniously
stated, "I tell you this day, July 3, 1978, I, Morris Dees, can't live without either one
of you." (R. 368). At that point, Maureene said, "I'll tell you what, Vicki, you can have
him." (R. 368).
In response to these statements by Morris, Maureene made it clear once again that Morris
could not have them both, that he could not remain married to her and live with Vicki, and
that he must make up his mind one way or another. At the conclusion of the meeting, Morris
promised never to see Vicki again (R. 282). He told Vicki that he and Maureene had reconciled,
and that he could not see her anymore (R. 1357). Morris himself testified that in Maureene's
presence he told Vicki that it was all over and that he wouldn't see her anymore (R. 1357;
D. Morris Can't Give Up His Mistress
Morris' promises did not last long. Although Maureene didn't know it at the time, less
than two weeks later he resumed his relationship with Vicki (R. 1523). By his own admission,
he found himself unable to terminate the relationship with Vicki, in response to questions
by his own attorney:
(At R. 366)
Q. (By Mr. Byrne) Now, give the Court some judgment about how many times you attempted
during 1978 and 1979 to break off your relationship with Vicki Booker?
A. Oh, gosh, about every month I'd say. It was a continual off and on relationship. (At R.
A. (By Morris, describing Defendant's Exhibit 103, a letter from Morris to Vicki) Well,
its an undated letter. I think it was in January of 1979, and it basically described the
continuing problem of we ought to end this relationship. I'm telling her that I don't
really think I've got the strength to and I wish she would do it herself."
(At R. 1434)
Q. (By Mr. Smith) Let me ask you if you said this or this in substance in response to a
question by Mr. Byrne. 'I attempted every month to break off my relationship with
A. I think that would be a pretty accurate statement before Maureene left home."
Morris had been supporting Vicki since her divorce from her husband in May, 1979, and he
continued to do so as they continued their affair even after promising Maureene in July,
1978 that the affair was over for good. Morris admits to having provided the following
support to Vicki during the eleven-month period from may, 1978 through March, 1979 (R.
1504, et seq):
May 30, 1978 1,500
June 6, 1978 500
June 22, 1978 1,500
July 6, 1978 1,000*
July 30, 1978 1,500
Aug. 26, 1978 1,500
Aug. 27, 1978 1,625
Sept. 20, 1978 1,500
Nov. 27, 1978 5,000
Jan. 25, 1979 5,000
March, 1979 2,000
*(after "reconciling" with Maureene 7/3/78)
Morris stopped sending Vicki money only when the present divorce suit was filed (R. 1506).
In addition, Morris loaned Vicki $28,000, at 8% interest, to enable her to purchase her
former husband's interest in their home at the time of her divorce (R. 1351).
E. Maureene Is Compelled To Seek Divorce
In November, 1978, Morris finally admitted to Maureene that, notwithstanding the promises
that he had made in July to abandon Vicki and reconcile with Maureene, he had continued to
see Vicki in Birmingham, that she was then five months pregnant with his child, and that he
would be going to Birmingham in a few days to be with her while she had an abortion which
Morris was paying for (R. 364). Over the next sixty days, Maureene concluded that he simply
could not accept the situation any longer. It was apparent to Maureene that Morris was not
going to stop seeing Vicki, and Maureene was not willing to live in a situation where she
knew for a fact that her husband really had, in effect, two wives (R. 412). Morris was
supporting Vicki and had been doing so for almost a year. He treated Vicki like a wife,
supplying all of her financial and emotional needs. He was there when she needed him. He
was spending almost half a week going back and forth to Birmingham two or three times a
week, attempting to divide his time between them (R. 412). In January or February, 1979,
Maureene told Morris that she could simply no longer accept this situation, and that she
was going to leave (R. 385). Following this conversation, Morris started trying to induce
Maureene to execute certain agreements (which will be discussed in detail hereafter) that
would permit each of them to have sexual relations with other parties (R. 385). Maureene
refused to sign any of these agreements (R. 387).
While trying to induce her to sign these agreements, Morris continued to tell Maureene that
he loved her and that he would stop seeing Vicki (R. 390). However, he did not stop seeing
her. During this period he took Vicki and her children to the ballet in Birmingham, and
spent the night at Vicki's house (R. 390). He met Vicki in New Orleans for the Sugar Bowl
in January, 1979, where they spent two days together (R. 1473).
In March, 1979, Maureene left Morris for the last time, and she has lived separate and
apart from him ever since (R. 370). Morris and Vicki moved into the family home in Mathews
(R. 370). Maureene commenced the present suit on March 8, 1979.
Following the final separation, Morris openly continued his relationship with Vicki. Taking
his daughter, Ellie, with him, Morris met Vicki in Los Angeles on March 10, 1979 (R. 1473).
He introduced Vicki to Ellie as "Pat" (R. 1475), and after leaving Los Angeles the three of
them flew to Las Vegas together (R. 1475). They had only one room for the three of them,
but Morris claimed that Vicki sat up all night in the hotel lobby (R. 1476). Morris took
Vicki to the White House signing of the Israel-Egypt Peace Treaty on March 26, 1979 (R.
1518). On June 4, 1979, Morris took his daughter Ellie, and Vicki and her family, to the
Grand Hotel (R. 1479).
F. Morris Sets A Trap
In February, 1979, Morris Dees realized that he was in a precarious legal position. He had
been conducting an affair with Vicki McGaha for almost two years; she had become pregnant
by him and had received an abortion which he had paid for; he was supporting her and
spending most of his time with her and planned to continue to do so; and Maureene, who was
fully aware of all of these facts, and stated that she could not tolerate the situation any
more and was leaving him to institute divorce proceedings. To protect himself in the
impending litigation, Morris had to find a way to neutralize Maureene.
In February, 1979, after Maureene informed Morris that she was leaving him, Morris wrote
out an agreement, which he showed to her on a Sunday afternoon, and asked her to stay and
live by this agreement (R. 385). This agreement, identified and introduced as Plaintiff's
Exhibit 30, purported to permit the parties to lead separate lives but stay married, and
provided that they would not hold anything against each other that had happened either
before or after the date of the agreement (R. 386). The first such purported agreement
(Pl. Ex. 30) provided in part as follows:
"Whereas they "Morris and Maureene) feel that they can better work toward a more complete
and satisfying relationship in their marriage if they have an open marriage, i.e., where
each party, while still living together as man and wife, be free to have relationships with
the opposite sex, which said relationships may consist of sexual intercourse. . ."
During the time that he was discussing this agreement and urging her to sign it, Morris
continued to tell Maureene that he loved her and that he had stopped seeing Vicki (R. 390),
which was another lie. Plaintiff's Exhibit 31 is another agreement which Morris drafted
because he did not like the language of the first agreement, and contains this provision:
[PAGE 11 MISSING]
A. Prior to even drawing up these agreements, I agreed to it orally.
I have already said that . . .
Q. When did you first orally agree that your wife, your lawful wife,
could have sexual intercourse with other people?
A. About a day before this agreement was drawn up.
Q. This was some time in February?
Q. And it was one day preceding the first agreement?
(At page 253)
"Q. You knew she (Maureene) knew about you and Vicki?
A. About the abortion, and she said, I am going to use that and I
said, Maureene, look if you have somebody you want to have sex with,
go ahead and have sex with them. We said that that night at the bar.
Q. That was clear and unmistakable?
A. Clear and unmistakable.
Q. You encouraged her to and if there was anybody --
A. If you call that encouragement --
G. Morris' Trap Works: The Hotel Room Agreement
On March 4, 1979, Maureene walked naively into the trap which Morris had set. On that
date, she flew to Washington, DC, where she met Brian O'Daugharty (R. 576). Maureene knew
Mr. O'Daugherty in connection with her work on the National Endowment, and he was the
Director of the Media Arts Program (R. 341). Morris had told her that she could see anyone
she wanted, as long as she was discreet (R. 578), and her flight to Washington was booked
under the name of Better Foster (R. 576). Maureene and O'Daugherty had dinner together on
the night of March 4th, and returned to her hotel room (R. 578). When they were in bed
together, Morris and a Montgomery private detective, both of whom had been hiding in the
bathroom, jumped out and started taking photographs, Morris said word in substance as
"All right sister, you wanted a divorce. Now I want one, because I've got you where I want
you." (R. 586). Morris was acting crazy, and Maureene thought he was going to kill everybody
in sight. He told her that he had five detectives with him (R. 592). He hit her and gave
her a busted jaw. (R. 592). He then started writing something on paper which he then gave
her to sign (R. 422-423). This document, entered unto evidence as Plaintiff's Exhibit 43,
was a separation agreement (R. 423). The agreement provided that Morris was to have custody
of Ellie, the parties' nine-year old daughter. Maureene was to receive "25,000 alimony-in-gross
upon the "execution" (sic) of a divorce, and that in addition she was to receive $1,500 per
month as alimony for a period of three years from the divorce. Under this agreement,
Maureene relinquished all claims to any real estate owned by Morris, and agreed to return
to him the diamond ring which he had given to her. The agreement recites that, although it
is execute on March 5th in Washington, DC, it will be notarized by an Alabama notary (the
detective) and shall be governed by the laws of Alabama. Maureene signed the agreement
because she was afraid not to (R. 423). After returning to Montgomery, Morris asked attorney
Paul Lawrey to handle the divorce based upon the hotel room agreement (R. 412). Although he
knew that Maureene was already represented by Maury Smith, Morris instructed her to go to
Paul Lowery's office for this purpose (R. 427). She declined to do this, and later Paul
Lowery came to the house where Maureene was staying, with papers for her to sign, but she
refused to do so (R. 428-429).
Apparently in a last effort to induce a settlement with Maureene, Morris later told her
that he was sorry he had the photograph taken in the hotel room, that he should not have
taken them, and that he wanted her to have them (R. 426). He gave them to her with
instructions to destroy them, telling her that these were the only copies (R. 426). He
also gave the original signed copy of the hotel room agreement. She tore up both envelopes
without looking inside (R. 426). Morris' statement that these were the only copies of the
photographs was another lie, since he introduced the photographs into evidence at the
H. Morris' Sexual Appetite
Maureene was literally forced to file suit for divorce in March, 1979, because of Morris'
obstinate refusal to give up his mistress who he was then supporting and who had become
pregnant by him. However, Maureene did not give up her marriage easily. Prior to Morris'
permanent involvement with the McGaha woman, Maureene had endured a long series of degrading
incidents which evidenced Morris' voracious and eclectic sexual appetite. Since early in
their marriage, Morris repeatedly bragged to Maureene that with his looks and his money he
could have any woman he wanted, and he constantly bragged about women propositioning him
(R. 350, et seq). [Some insight into the size of Morris' ego is provided by his letter of
January 22, 1979, to "Ham" Jordan (a copy of which he sent to Vicki) in which he makes
application to be appointed Attorney General of the United States to replace Griffin Bell,
giving as one of his principal qualifications the fact that "... all my life, I have been a
winner."] (Pl. Ex. 91). Later in the marriage he repeatedly told her of women that he had
had sexual intercourse with during the marriage (R. 354). He said further that he enjoyed
trying to turn on gay people and he expressed a desire to have an experience with a gay
Early in the marriage, Morris gave her a book on "Open Marriage" and started encouraging
her to have sexual intercourse with other men (R. 419-420). During the year or so after
they were married, Maureene became aware that her husband was having an affair with a woman
name Becky Logan (R. 458). During the same period, she began receiving anonymous telephone
calls concerning her husband and a black woman in town (R. 459).
A. Dianne Hicks.
In his deposition, Morris admits that in the spring of 1973 (Morris depo. p. 27), or during
the summer of 1973 (Morris depo. p. 25), he had an affair with Dianne Hicks, a Mobile
lawyer who was working for the Southern Poverty Law Center (Morris depo. p. 25). He had
sex with her during a canoe trip down the Tallapoosa River (Morris depo. p.25), and also in
Brewton where they were working together on a trial (Morris depo. p. 26-27).
B. Cathy Bennett.
In the fall of 1974, Morris brought to the family home in Mathews a girl named Cathy
Bennett who was a psychologist who had worked with Morris on several cases (R. 284). She
stayed in their home in Mathews for about a week, during which time they had Bobby Kennedy
there as a guest (R. 285). Maureene was suspicious of her husband's relationship with this
girl (R. 286), and later Morris admitted having an affair with her (R. 1325). Morris told
Mrs. Dees that his affair with her was over in December, 1974, But she later found that he
and Cathy continued to conduct an affair in Atlanta where Morris lived for a period during
the Jimmy Carter campaign (R. 287, 291).
C. Judith Rogers.
In the fall of 1977 (R. 1344), Morris and Maureene held a Little Theater party at their
home, attended by Dr. Rogers, a Montgomery physician, and his wife Judith, who is a
criminal psychologist (R. 292, 1344, 1345). During the party Morris admits that he took
Judith into a back room of his house, while the party was going on, and had intercourse
with her (R. 1344, 293).
D. Deborah Levy.
In the spring of 1976, Morris invited to the house Deborah Levy who worked for the American
Civil Liberties Union in New York, and the man with whom she lived in New York, Michael
Gaas (R. 299, 303). The Southern Poverty Law Center was considering starting a magazine in
opposition to the death penalty, and Morris was interviewing Deborah Levy for the job of
running the magazine (R. 301). She was not hired for the job, but she and her
boyfriend did visit the Dees home in Mathews for several days on two different occasions
(R. 301). In August, 1976, Morris and Maureene took them on a canoe trip down the river
(R. 202-203). After supper, they had all gone to bed in sleeping bags, when Maureene woke
up and found Morris and Deborah naked, having sex on the sandbar (R. 306). Morris turned
to Maureene and insisted that she have sex with the other man. (R. 306). Later Maureene
went back to sleep and woke up shortly before dawn, and found Morris and Deborah having
intercourse again right next to her (R. 307). While having intercourse with Deborah,
Morris leaned over and kissed Maureene (R. 308). The next morning Maureene objected
strongly to the night's events and stated emphatically that she did not want anything of
that nature to happen again (R. 309). The following month, in September, 1976, she and
Morris went to New York for a tennis tournament and to take one of the children to a
special school in Boston (R. 310). Over Maureene's objections, Morris insisted upon
visiting Deborah Levy and Michael Gaas (R. 310). While the group was having dinner
together in a restaurant Maureene, returning from the rest room, overheard Morris and
Deborah making plans to be together the following afternoon (R. 315). Later when
confronted with this Morris admitted having such plans (R. 320). Later in a conversation
among the four of them, Morris stopped the conversation in the middle and said to Michael
Gaas "I've just got to tell you this because I feel bad about it. I want to tell you that
Deborah and I were planning to go off this afternoon and make love and I just want to tell
you that." (R. 322). This embarrassed Maureene and made her furious (R. 324). Gaas
responded that if that's what Morris was here to do he should just get up and go do it,
following which Morris and Deborah got up and went into the bedroom where they remained for
about forty-five minutes (R. 325, et seq). While they were gone Maureene had sexual
intercourse with Michael (R. 326). Afterward Morris left the apartment, returned in about
thirty minutes and hit Michael in the face (R. 327).
E. Pamela Horowitz.
In the spring of 1977 Morris planned a trip to Kentucky and invited Maureene to go with
him, knowing that she could not go because she was in rehearsal for a play (R. 330). Over
Maureene's objection, he took with him, on his motorcycle Pamela Horowitz, a lawyer working
for the Southern Poverty Law Center at that time (R. 331). He drove the motorcycle and she
rode behind him from Montgomery to Kentucky, and they were gone for four or five days,
during which they shared the same hotel accommodations (R. 331-332)
F. Charlie Springman (homosexual).
On August 11, 1978, Maureene and Morris' tenth anniversary, they were having dinner at the
Watergate Hotel in Washington, DC, and afterward had drinks in the bar (R. 333, et seq).
In the bar, they saw Charlie Springman, who Maureene knew as a Regional Coordinator for the
National Endowment of the Arts (R. 335). She had told Morris that Springman was gay, but
Morris had never met him. When they saw him in the bar, Morris suggested inviting him over
for a drink (R. 335). After a while, to Maureene's surprise, Morris suggested that Charlie
come up to the room with them (R. 336). In the room, they drank wine and talked, and
Morris unbuttoned his shirt to the waist (R. 336). Charlie tried to leave several times but
Morris wouldn't let him (R. 337). Finally Morris proposed that Charlie spend the night
with them (R. 337). Mrs. Dees protested, and put on her robe and nightgown to go to bed
(R. 337-338). Soon Charlie and Morris were in the bed naked, with Maureene in the middle
with her gown on (R. 338-339). Springman and Morris hugged and kissed, and Morris tried to
get Charlie to have relations with Maureene, but Springman was physically unable to because
he was not interested (R. 340). In fact, no one made any effort to have sex with Mrs. Dees
during this incident (R. 341). Springman kissed Morris' penis, and in fact, Morris
complained that he bit him and that it hurt (R. 340). Morris kissed Springman on
Springman's penis (R. 341). After about thirty minutes they all went to sleep (R. 342).
When Maureene woke up the next morning, Morris was gone (R. 342), but Springman was still
asleep in the bed. After five or ten minutes Morris returned and found Maureene crying.
He apologized for the incident and said that he would not let anything like that happen
again (R. 343). Morris denies parts of this episode, he admits its essential features:
Morris admits that he invited Springman to the room (R. 1571); that Maureene put on a
nightgown and robe and got into bed (R. 1537); that Morris got into bed with nothing but
his underclothes on (R. 1575); and that Springman got into the bed naked (R. 1590).
G. Morris' Stepdaughter.
Holly Buck, Maureene's daughter by a previous marriage, is eighteen years old (R. 728).
She was seven years old when her mother and Morris married, and she has lived with them in
the house at Mathews from then until the separation (R. 728). Holly testified that, in the
summer of 1977, Morris attempted to molest her in the following incident (R. 729): One
night Maureene and Morris were sitting drinking wine and discussing a case Morris was
trying. She was with them. Around eleven or twelve o'clock Maureene went to bed and Holly
stayed up with Morris discussing the case. Morris kept offering Holly wine, some of which
she accepted. At Morris' suggestion, they went outside to the pool, and he suggested that
they go for a swim, but Holly was tired and declined (R. 731). She went to her room and
then went into the bathroom. Looking out the window, she saw Morris in the bushes beside
the bathroom window looking in (R. 731). She said "Morris, is that you", but he said
nothing and ran away (R. 732). Two months later, she was asleep one night and Morris
entered her room from Ellie's room, through the bathroom. He was in his underwear and he
sat on the bed where Holly was lying on her stomach facing away from the door. He touched
her on the back and woke her up. He told her that he had brought her a present, and he
presented her with a vibrator. He plugged it in and said he had brought it to her. He
proceeded to rub it on her back and said, "Let me show you how to use it" (R. 733). She
said that's not necessary, but he started to place it between her legs when she raised he
voice and said no loudly. He then took the vibrator and left (R. 734). All he had on was
a pair of bikini underwear shorts (R. 734). About two hours later, she had fallen back
asleep and he came back in (R. 735). He brought the vibrator with him, plugged it in and
said again, "Let me show you how to use it." He tried to show her again by putting it
between her legs, but she raised her voice again and he stopped. He took it and left
(R. 635). She did not tell her mother about this incident until the separation when they
moved out of the Mathews house in the spring of 1979 (R. 736).
H. Morris' Future Daughter-in-law.
Karen Sherman Dees is Morris' daughter-in-law, who is married to Morris' son Scooter
(Morris, III) (R. 345). Before Karen and Scooter were married, when they were eighteen or
nineteen, which was three or four years ago, an incident occurred on Mother's Day at the
family home in Mathews (R. 345). The Dees had Karen and Scooter to dinner at the house,
and they cooked out (R. 346). While Scooter and Maureene were cleaning up and washing
dishes, Karen and Morris went out to go swimming (R. 345). Five or ten minutes later,
Maureene and Scooter started down the path toward the pool, with Maureene in front. As she
approached the gate, she could see Morris and Karen standing with their arms around each
other with no clothes on, and Morris had an erection. Maureene immediately turned and told
Scooter that she did not want to go swimming and the two of them headed back to the
house without Scooter having seen anything (R. 347). Later, Karen and Morris returned from
the pool, fully dressed, and the group stayed in the den for a little while (R. 349). Morris
got up and went to bed, and Maureene joined him a few minutes later. While lying in the bed,
Maureene looked up and saw that Karen had entered the room (R. 349). She didn't have any
clothes on but had a towel or sheet wrapped around her (R. 350). She came over and got in
the bed on Morris' side (R. 350). Nothing happened, but she remained there for about ten
minutes, and eventually got up and left (R.350-351). Morris told Maureene that he just
couldn't understand why she came in the room (R. 351).