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Oh, I'm sorry, everybody. I just got
hung up in traffic.
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This is going to be a very short
meeting, Seth.
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Why do you say that?
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Because I don't think we have anything
to talk about. The fact is we have a
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great deal to talk about.
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What remains an open question is whether
or not my husband is willing to do so.
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What he's not willing to do is roll over
and play dead.
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You're perfectly willing to talk, am I
right, Carl?
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I'm sorry I was visualizing a ten -sided
figure.
10
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Let's just look at the issues, Arnie.
Now, Andrea wants the apartment.
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It was Carl's place before they got
married. Who doesn't make it his in
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perpetuity? She decorated that
apartment. She's developed an attachment
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apartment. Well, then we have a real
problem here because he doesn't want to
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relinquish the place.
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The apartment is where I do my best
thinking. Which may sound as somewhat
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than a ringing endorsement. Let's not
get started here.
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I know that in your eyes, you could
never measure up to Ivan Goodpaster's
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thinking. That's right, it doesn't. You
know, I don't think that we're going to
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settle this case, Seth. Maybe we should
move on to depositions.
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Okay.
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This is so upsetting to me. I'm sitting
here, and I'm trying to think of the
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first hundred digits of pi, and I'm
drawing a total blank.
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Before you decide to drag this out, Mr.
Becker, just keep in mind, if we do go
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to court...
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I will be forced to describe in
excruciating detail what it's like to
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from becoming even more dysfunctional
than he already is. I don't want to go
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court, Andrea. Believe me.
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I'm just following the advice of my
attorney.
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What do you mean? Is he in charge or are
you in charge?
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He is.
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Well, I think we're done for today.
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You're a sniveling little toad.
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Do you know how many anagrams you can
find in the word sniveling? No, I don't,
34
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Carl.
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Would you believe that there are at
least 25?
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We have a lot of ground to cover today.
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Lunch is arriving shortly.
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I suggest we get started.
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Hicks versus Rossoff.
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Mathematicians divorcing. We're
representing the husband. The wife is
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the moon.
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We're in the middle of depositions. I'm
expecting to go to trial.
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Office warehouse versus Barbera.
Technically, it's a shareholder's
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action. But in fact, the board of
directors is trying to force Jack
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Do they have grounds?
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Not as far as I'm concerned.
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But more importantly, they don't have
the votes.
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Jack and his son control 60 % of the
stuff.
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Lunch is here.
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Ah, glad to hear it. I'm starved.
51
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Thank you, Dolores.
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If any of these are wrong, let me know.
53
00:04:49,080 --> 00:04:50,640
People versus Barkwell.
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Sam Barkwell was hired by two men to
take the mountain climbing.
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One of the two was injured, the three
got snowed in.
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Sam and Richard Visser killed the
injured guy, but then was in a coma, and
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cannibalized them.
58
00:05:02,840 --> 00:05:04,560
Oh, God, that's horrible.
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I can tell you that neither Barkwell nor
Visser will ever be the same.
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00:05:07,490 --> 00:05:08,540
How could they be?
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One cannibal says to the other cannibal,
my wife made a great pot roast.
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I'm going to miss her.
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Arnold.
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In that lunch has arrived, I think we
should probably change the topic of
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conversation. I agree with that.
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I just hope there are no ribs in there.
Oh, very cheeky, very cheeky. What's the
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big deal? They're vegetarians and
they're humanitarian.
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Donner, party of 12.
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One cannibal says to another, I hate my
in -laws. The other says, so? Eat the
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noodles. Gee.
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This is going to be a tough fight, Jack.
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The board of directors would like very
much to get rid of you. Can they beat us
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in court?
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Well, no, but... Is it possible that we
could avoid a war with the board?
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How are we going to avoid a war? They
want me out. Dad, it's not a matter of
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wanting you out. They just don't want
you to make any other acquisitions right
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now. I didn't build a business by
listening to a board of directors.
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I did it by keeping my eyes open and
knowing when to move. Now, if I can't
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00:06:04,410 --> 00:06:08,610
a decision and then act on it, tell them
I'm wasting my time for it. Thank you,
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00:06:08,630 --> 00:06:09,680
dear. You're welcome.
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00:06:09,681 --> 00:06:13,389
Would you like me to pursue settlement
discussions with their attorneys?
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You'd just be wasting your time. Excuse
me.
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00:06:15,790 --> 00:06:16,840
I'll be right back.
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00:06:17,831 --> 00:06:24,499
I need four copies of each, and I have
to serve them at 5 o 'clock. Sorry.
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00:06:24,500 --> 00:06:25,399
Oh, it's okay.
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00:06:25,400 --> 00:06:29,479
At least the copier's better here than
it is in New York. Oh, what kind of
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00:06:29,480 --> 00:06:30,379
copier do you have?
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00:06:30,380 --> 00:06:32,850
I don't know what kind it is, to be
honest with you.
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00:06:33,860 --> 00:06:34,980
Hi. Hi.
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00:06:35,780 --> 00:06:38,600
The reason I ask is that I'm in office
supplies.
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Oh, yeah?
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Denise, thanks.
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Sure. Yeah, office warehouse?
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Oh, yeah. Yeah, that's me.
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It's a family business, but it's my
family.
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Uh, if you'll excuse me, I have to make
copies.
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The
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good
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news is Mulaney's dropping the second
-degree murder charges.
100
00:07:13,200 --> 00:07:16,150
The bad news is he's not dropping
voluntary manslaughter.
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Not exactly a surprise.
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I guess we'd better gather our things
and head for court.
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I'm going to ask the question one more
time.
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Are you sure you want a joint trial?
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00:07:27,090 --> 00:07:30,969
Yes. I was the leader. You're more
sympathetic than I am. A joint trial
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more than it does you. I don't care. I
think we should stand together.
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If it hadn't been for you, I'd have also
died on that mountain. Now let's just
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do it this way.
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Let's go.
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Did you have occasion to examine the
body of one... Von Alner. Yes, I did. I
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retrieved the remains of Mr. Alner from
right below the summit of Mount Goddard.
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Would you describe the condition of the
body for us? A leg had been dismembered
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00:08:00,780 --> 00:08:03,739
from it, and the tissue had been removed
from the leg. In addition, the
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00:08:03,740 --> 00:08:06,759
abdominal cavity had been opened, and
the liver had been removed.
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00:08:06,760 --> 00:08:09,519
What did you determine was the cause of
death, Doctor?
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00:08:09,520 --> 00:08:12,439
Patechial hemorrhages in both eyes
indicated that the cause of death was
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suffocation. Would said cause of death
be consonant with the deceased having
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been smothered? Objection.
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Overruled? Yes, it would.
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00:08:19,481 --> 00:08:23,179
Several bruises around the mouth
indicate that the deceased was in fact
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smothered. No further questions.
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00:08:25,780 --> 00:08:29,510
Did you find evidence the deceased had
any head trauma prior to his death?
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I found evidence of a subdural hematoma.
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That's a blood clot.
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I estimated it occurred some two weeks
prior to his death.
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Two weeks.
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00:08:36,671 --> 00:08:40,918
How long do you estimate it would have
been before that led to Mr. Allner's
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death? I have no way of knowing that.
Was the deceased suffering from
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hypothermia at the time of his death?
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Yes, he was. Severe hypothermia. Would
you describe the nature of hypothermia?
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Uncontrollable shivering, circulation is
cut off to the extremities,
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dehydration, loss of blood to the brain.
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How long before that would have killed
him?
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I have no way of knowing that either.
Would you have any way of knowing
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or not it would have been possible for
Vaughn Elner to have gotten off that
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mountain alive?
137
00:09:04,321 --> 00:09:07,249
I assume there's always that
possibility, Mr. Levinson.
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00:09:07,250 --> 00:09:10,449
Have you seen the medical reports
regarding a defendant's doctor?
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00:09:10,450 --> 00:09:11,429
Yes, I have.
140
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Is it not the case that they were both
suffering from hypothermia?
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00:09:14,801 --> 00:09:18,899
frostbite and malnutrition at the time
they were found. Yes, that is the case.
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Would you have any way of knowing if
they would have survived had they not
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killed Mr.
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Alner?
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No, I would not.
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I have no further questions.
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00:09:30,300 --> 00:09:36,940
You're a mathematician, is that right,
Miss Rosoff?
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Yes, I am. And your husband is also a
mathematician?
149
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Yes, he is. He's a brilliant
mathematician.
150
00:09:42,651 --> 00:09:45,669
I didn't know that I'd characterize
myself as brilliant.
151
00:09:45,670 --> 00:09:49,280
Oh, don't be modest with me, Carl. I've
heard your exegesis on Uhlenbeck.
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That was when we first met.
153
00:09:50,951 --> 00:09:52,249
Yes, it was.
154
00:09:52,250 --> 00:09:57,229
Arnie, can we keep going here? We were
talking about how a coffee cup and a
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donut were topologically identical when
you reached over and touched my hand. We
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00:10:01,950 --> 00:10:03,510
really have to do this now, Carl.
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00:10:04,790 --> 00:10:05,840
Okay.
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00:10:05,841 --> 00:10:08,989
In the period of time during which you
were married, did you and your husband
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ever work together?
160
00:10:10,041 --> 00:10:13,269
We worked together while we were
married. We also worked together before
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married. Would it be fair to say that
his work on simplex algorithms and
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00:10:18,850 --> 00:10:22,270
polyhedral shapes... Poly...
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00:10:22,271 --> 00:10:26,729
Hedral shapes. Would it be fair to say
that his precedes yours? What's the
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00:10:26,730 --> 00:10:29,589
relevance of that? Well, my client
doesn't want your client publishing
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based on work that was his before they
were married. What are you saying? His
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00:10:32,970 --> 00:10:38,729
work on curved ellipsoids, quadratic
forms, on the deformation of spherical
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00:10:38,730 --> 00:10:41,810
objects, and on K derivatives remains
his.
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00:10:41,811 --> 00:10:45,649
You can't be serious. Are you familiar
with an individual by the name of Ivan
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Goodpaster? Objection. Irrelevant.
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00:10:47,451 --> 00:10:50,949
I don't mind talking about Ivan, Seth.
What is the nature of your relationship
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00:10:50,950 --> 00:10:52,050
with Mr. Goodpaster?
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00:10:52,480 --> 00:10:54,680
Ivan and I have a sexual relationship.
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Is this ongoing at the present time?
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00:10:56,821 --> 00:10:57,859
Yes, it is.
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00:10:57,860 --> 00:11:01,199
Have you and Mr. Goodpaster engaged in
any joint research project?
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00:11:01,200 --> 00:11:05,019
All right. Now, I'm instructing her not
to answer, Arnie. What she and a third
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00:11:05,020 --> 00:11:08,659
party of her choosing elect to engage in
is irrelevant to these proceedings. If
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00:11:08,660 --> 00:11:12,139
she is using her husband's work to help
Ivan with his dissertation, it is highly
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00:11:12,140 --> 00:11:13,190
relevant, Seth.
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00:11:13,191 --> 00:11:15,999
What makes you think the work we're
using isn't work I've done when I've
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00:11:16,000 --> 00:11:18,379
with Ivan? Why are you doing this to me,
Andrea?
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00:11:18,380 --> 00:11:20,260
Why am I doing this to you? Let me see.
183
00:11:20,261 --> 00:11:24,369
Could it be that your obsession with
gold box conjecture forced me to live in
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00:11:24,370 --> 00:11:28,910
environment that, intellectually at
least, can only be described as
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00:11:28,911 --> 00:11:32,069
I'd really like to get on with the
deposition, if I might. You really
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00:11:32,070 --> 00:11:33,749
been a very good husband to me, Carl.
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00:11:33,750 --> 00:11:37,409
You've refused to publish any papers
that might have listed me as co -author.
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00:11:37,410 --> 00:11:39,329
Those papers weren't ready to be
published.
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00:11:39,330 --> 00:11:42,489
The findings are trivial. You've
completely ignored me sexually. Well,
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00:11:42,490 --> 00:11:45,029
your little fling with Ivan Goodpastor
had something to do with that. Well, if
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00:11:45,030 --> 00:11:47,589
you think I'm going to wear a scarlet
letter, think again. I'm ashamed of
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00:11:47,590 --> 00:11:50,240
nothing. Go ahead, Mr. Becker. Ask me
another question.
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00:11:52,530 --> 00:11:54,790
Uh, here you go. Thank you.
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00:12:00,991 --> 00:12:04,589
Do you know you're a beautiful girl?
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00:12:04,590 --> 00:12:05,669
Anybody ever tell you that?
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00:12:05,670 --> 00:12:06,720
Of course they do.
197
00:12:06,721 --> 00:12:07,509
Thank you.
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00:12:07,510 --> 00:12:08,969
Can I ask you a crazy question?
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00:12:08,970 --> 00:12:10,650
Sure. What are you doing for lunch?
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00:12:11,470 --> 00:12:13,150
Nothing. Let me take you.
201
00:12:14,650 --> 00:12:15,700
Yeah, why not?
202
00:12:18,810 --> 00:12:20,800
So? Want to go out and grab a quick
bite?
203
00:12:20,801 --> 00:12:21,869
You too?
204
00:12:21,870 --> 00:12:23,010
Yeah, you want to come?
205
00:12:23,011 --> 00:12:24,709
No, thanks.
206
00:12:24,710 --> 00:12:26,630
Well, can we bring you back something?
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00:12:26,850 --> 00:12:27,900
No, thanks.
208
00:12:27,930 --> 00:12:28,980
Okay.
209
00:12:29,321 --> 00:12:36,149
Mr. Goodpaster, could you please tell us
when you and Miss Rossoff became
210
00:12:36,150 --> 00:12:37,410
romantically involved?
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00:12:37,550 --> 00:12:40,110
It was March 2nd, 1991.
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00:12:41,570 --> 00:12:42,930
What day of the week, Carl?
213
00:12:44,130 --> 00:12:46,900
I'm not thinking about what day of the
week it was, Ivan.
214
00:12:47,210 --> 00:12:48,530
What day of the week was it?
215
00:12:49,110 --> 00:12:50,250
It was a Saturday.
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00:12:50,790 --> 00:12:53,380
Could we move on? Would you please stop
doing that?
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00:12:53,810 --> 00:12:55,730
I wasn't aware it was bothering anyone.
218
00:12:57,170 --> 00:12:59,910
Did you and Miss Rossoff ever go away
together?
219
00:13:00,430 --> 00:13:04,809
Yes, we did. As a matter of fact,
starting in March of 1991, you went away
220
00:13:04,810 --> 00:13:08,150
regularly, did you not? As regularly as
was possible.
221
00:13:08,430 --> 00:13:12,769
You attended a symposium together at the
Institute for Advanced Studies in
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00:13:12,770 --> 00:13:15,900
Princeton, New Jersey. Who paid for that
trip, Mr. Goodpaster?
223
00:13:16,170 --> 00:13:19,570
In that I'm a graduate student, I make
very little money.
224
00:13:20,730 --> 00:13:24,969
Andrea paid for it. And you spent two
weeks at a Holiday Inn in Rochester, New
225
00:13:24,970 --> 00:13:26,890
York. Who paid for that, Mr. Goodpaster?
226
00:13:27,290 --> 00:13:31,150
Andrea did. Arnie, are we going to
dissect her entire American Express
227
00:13:31,290 --> 00:13:32,340
Yes, we are.
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00:13:32,341 --> 00:13:35,869
She was spending marital assets on these
trysts. Are you getting sexually
229
00:13:35,870 --> 00:13:37,870
stimulated by the details, Carl?
230
00:13:38,090 --> 00:13:43,249
Mr. Goodpaster, did you attend a Tetris
convention in Ann Arbor, Michigan with
231
00:13:43,250 --> 00:13:44,530
Miss Rossoff? Yes.
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00:13:44,830 --> 00:13:47,060
And would you tell us who paid for that?
Stop.
233
00:13:47,610 --> 00:13:51,750
I can't. This is too sick. I don't want
to go any further with this.
234
00:13:51,751 --> 00:13:53,169
All right, let's take a break.
235
00:13:53,170 --> 00:13:55,830
We're fighting over sums of money.
236
00:13:56,310 --> 00:13:58,990
That is exactly what we're doing, Carl.
237
00:13:58,991 --> 00:14:02,159
All right, given what time it is, I
think we should take a break for lunch,
238
00:14:02,160 --> 00:14:03,239
that's all right with everybody.
239
00:14:03,240 --> 00:14:05,230
Yeah, we can see you back here in an
hour.
240
00:14:09,720 --> 00:14:11,160
So where do you want to go eat?
241
00:14:11,240 --> 00:14:14,380
Andrea, can I talk to you for a minute?
242
00:14:14,840 --> 00:14:18,630
I'll be in the waiting area immediately
adjacent to the elevator corridor.
243
00:14:27,150 --> 00:14:30,340
I think we should make some serious
attempt at reconciliation.
244
00:14:31,010 --> 00:14:34,890
It's not going to happen, Carl. I've
been inattentive. I can correct that.
245
00:14:35,410 --> 00:14:36,970
Let's try. Let's make an attempt.
246
00:14:37,190 --> 00:14:42,170
I think your relationship with Ivan is
just a passing infatuation.
247
00:14:42,530 --> 00:14:44,270
It has nothing to do with Ivan, Carl.
248
00:14:44,670 --> 00:14:49,109
You and I are fundamentally
incompatible. We should just recognize
249
00:14:49,110 --> 00:14:55,189
on. The truth is, there have been Ivans
in my life since the second or third
250
00:14:55,190 --> 00:14:56,240
year of our marriage.
251
00:14:56,241 --> 00:14:57,809
There have?
252
00:14:57,810 --> 00:15:01,300
You were guest lecturing in Toronto. I
had an affair with Morton Kovno.
253
00:15:01,590 --> 00:15:05,030
A short time after that, I had a brief
affair with Paul Kutsela.
254
00:15:05,650 --> 00:15:09,530
After that, I had an affair with Michael
Kostikian that ended just last year.
255
00:15:09,650 --> 00:15:11,290
Arnie, draw up the papers.
256
00:15:11,490 --> 00:15:13,660
You can give her whatever she's asking
for.
257
00:15:14,110 --> 00:15:16,530
Carl, I can't do this anymore.
258
00:15:24,460 --> 00:15:29,059
What was your husband's relationship
with Samuel Barkwell, ma 'am? He and
259
00:15:29,060 --> 00:15:31,360
Richard hired him. What did they hire
him for?
260
00:15:31,580 --> 00:15:33,140
To take them into the mountains.
261
00:15:33,141 --> 00:15:36,619
The three of them would sit in our
living room and plan out expeditions.
262
00:15:36,620 --> 00:15:40,859
Was your husband an experienced mountain
climber? No, but my husband liked to
263
00:15:40,860 --> 00:15:45,079
imagine that he could master anything
that he set his mind to. What was the
264
00:15:45,080 --> 00:15:48,619
nature of the trip your husband was
killed on, Ms. Ulmer? Objection to the
265
00:15:48,620 --> 00:15:53,019
killed. Miss Guise, let's not quibble
over semantics. The witness may answer
266
00:15:53,020 --> 00:15:55,400
question. They were to climb Mount
Goddard.
267
00:15:55,401 --> 00:15:58,599
It was supposed to be the more difficult
approach.
268
00:15:58,600 --> 00:16:00,650
It was also supposed to be a two -day
trip.
269
00:16:00,840 --> 00:16:04,100
Did you have a conversation with Mr.
Barkwell prior to the trip?
270
00:16:04,380 --> 00:16:07,800
Yes, I did. I told him that I was
worried about my husband.
271
00:16:08,140 --> 00:16:09,280
And how did he respond?
272
00:16:10,440 --> 00:16:12,900
He said that he would get him back safe
and sound.
273
00:16:13,800 --> 00:16:14,850
Nothing further.
274
00:16:18,700 --> 00:16:20,820
Your husband, along with Richard
Visser...
275
00:16:20,821 --> 00:16:24,239
Had been out rock climbing with Samuel
Barkwell prior to this trip, had they
276
00:16:24,240 --> 00:16:25,620
not? Yes, they had.
277
00:16:25,621 --> 00:16:29,219
Did they not have a training regimen
designed for them by Samuel Barkwell?
278
00:16:29,220 --> 00:16:30,239
Yes, they did.
279
00:16:30,240 --> 00:16:31,979
Did your husband follow that regimen?
280
00:16:31,980 --> 00:16:34,039
Not as closely as he should have, I'm
sure.
281
00:16:34,040 --> 00:16:36,060
My husband worked 60 hours a week.
282
00:16:36,061 --> 00:16:39,739
Do you ever witness a conversation in
which Samuel Barkwell cautioned your
283
00:16:39,740 --> 00:16:41,999
husband against overestimating his
abilities?
284
00:16:42,000 --> 00:16:45,070
I witness conversations between the two
of them all the time.
285
00:16:45,100 --> 00:16:49,359
I listened as Samuel Barkwell convinced
my husband to live out on the edge, to
286
00:16:49,360 --> 00:16:53,059
take chances, to venture out into that
godforsaken wilderness in the middle of
287
00:16:53,060 --> 00:16:56,550
the winter. Mrs. Ulmer. How could you
slaughter him like that, Richard?
288
00:16:57,100 --> 00:16:58,660
You're the godfather to our son.
289
00:16:59,940 --> 00:17:01,120
How could you kill him?
290
00:17:05,240 --> 00:17:06,290
Susan,
291
00:17:08,560 --> 00:17:11,700
please, just for one minute, can we talk
to each other? No.
292
00:17:11,701 --> 00:17:16,019
Can I just look you in the eye and tell
you that I'm sorry? No, you can't. This
293
00:17:16,020 --> 00:17:18,999
wasn't planned, Susan. What happened to
Vaughn could have easily happened to me.
294
00:17:19,000 --> 00:17:20,618
You need for me to say that I know that?
295
00:17:20,619 --> 00:17:23,879
Yes. You need me to say that neither one
of you is to blame for what happened?
296
00:17:23,880 --> 00:17:25,380
Yes, I need to hear you say that.
297
00:17:25,740 --> 00:17:27,240
And I need for you to forgive me.
298
00:17:28,680 --> 00:17:30,420
Richard, I don't care what you need.
299
00:17:30,760 --> 00:17:33,640
Neither you nor he have the right to ask
me anything.
300
00:17:34,440 --> 00:17:35,580
You want forgiveness?
301
00:17:35,760 --> 00:17:37,020
You get it somewhere else.
302
00:17:52,400 --> 00:17:56,600
We were going up the mountain, and
Vaughn lost his footing and he fell.
303
00:17:57,160 --> 00:17:58,210
What did you do?
304
00:17:59,560 --> 00:18:06,439
Sam climbed down to where he was, rigged
up a harness, and we pulled him
305
00:18:06,440 --> 00:18:09,030
back up to a place where we could all
spend the night.
306
00:18:09,260 --> 00:18:10,460
What was his condition?
307
00:18:12,000 --> 00:18:16,219
I would say that he was semi -conscious
at that point. He had sustained a
308
00:18:16,220 --> 00:18:17,270
serious head wound.
309
00:18:18,440 --> 00:18:21,540
What decision was made as to what to do
with Mr. Allner?
310
00:18:24,090 --> 00:18:28,909
Sam was going to go for help the next
day, but a storm hit that we hadn't
311
00:18:28,910 --> 00:18:31,710
counted on, and it made it impossible
for him to get out.
312
00:18:33,770 --> 00:18:38,590
So we built a snow cave, and we waited.
How long did you wait in that cave?
313
00:18:39,690 --> 00:18:40,740
22 days.
314
00:18:42,170 --> 00:18:47,849
And every time Sam would try to get out,
he would either run into an avalanche
315
00:18:47,850 --> 00:18:51,010
or more bad weather, and he'd have to
turn back.
316
00:18:51,310 --> 00:18:52,510
What did you have to eat?
317
00:18:52,650 --> 00:18:56,710
During that time, Mr. Visser? Some trail
mix and some freeze -dried food.
318
00:18:58,550 --> 00:19:03,509
You see, this was only supposed to be a
two -day trip, so what we had, we made
319
00:19:03,510 --> 00:19:04,590
last for eight days.
320
00:19:04,990 --> 00:19:06,310
After that, we had nothing.
321
00:19:06,311 --> 00:19:09,289
What happened to Mr. Aldner's condition
during that time?
322
00:19:09,290 --> 00:19:10,340
It got worse.
323
00:19:11,730 --> 00:19:17,830
We fed him, and we tried to keep him
warm, but by the end, he was in a coma.
324
00:19:18,090 --> 00:19:21,930
At some point, was a decision made to
kill...
325
00:19:22,190 --> 00:19:23,240
Vaughn Allner.
326
00:19:24,710 --> 00:19:26,530
Yes. Who made that decision?
327
00:19:27,950 --> 00:19:29,890
Sam did. Did you go along with it?
328
00:19:30,350 --> 00:19:32,820
Yes, I did. Why did you go along with
it, Mr. Visser?
329
00:19:33,550 --> 00:19:37,730
Because I truly believed that there was
no hope that Vaughn would be rescued,
330
00:19:37,770 --> 00:19:44,749
and I believed that if I didn't eat,
that I would surely
331
00:19:44,750 --> 00:19:45,800
die as well.
332
00:19:46,610 --> 00:19:47,750
I have nothing further.
333
00:19:52,080 --> 00:19:55,600
Vaughn Ulner was smothered to death. Is
that right? Yes, sir.
334
00:19:58,620 --> 00:19:59,670
How'd you do that?
335
00:20:00,300 --> 00:20:04,779
We took a sleeping bag and we held it
over his face. Both you and Mr. Barkwell
336
00:20:04,780 --> 00:20:05,539
held it there?
337
00:20:05,540 --> 00:20:08,670
Yes. Did your friend struggle at all
while you were doing this?
338
00:20:08,980 --> 00:20:14,009
No. He didn't kick, he didn't... Try to
push her away? The witness has stated
339
00:20:14,010 --> 00:20:18,210
the deceased didn't struggle. Your
Honor, struggle is a rather imprecise
340
00:20:18,211 --> 00:20:21,589
I'm trying to get at the specifics of
what was going on at the moment this
341
00:20:21,590 --> 00:20:22,640
killing took place.
342
00:20:22,690 --> 00:20:25,280
The objection is overruled. The witness
may answer.
343
00:20:25,410 --> 00:20:26,460
He didn't kick.
344
00:20:26,970 --> 00:20:28,020
And he didn't push.
345
00:20:28,680 --> 00:20:33,659
Do you know for a fact whether his eyes
were open or closed? The witness has
346
00:20:33,660 --> 00:20:37,879
stated that there was a sleeping bag
over the deceased's face. Your Honor, I
347
00:20:37,880 --> 00:20:41,199
would ask that the witness, rather than
his attorney, answer the question.
348
00:20:41,200 --> 00:20:43,960
The objection is overruled. The witness
will answer.
349
00:20:45,120 --> 00:20:47,530
I don't remember if his eyes were open
or closed.
350
00:20:47,720 --> 00:20:51,600
Were they open or closed when you put
the sleeping bag over his face?
351
00:20:52,360 --> 00:20:53,410
They were closed.
352
00:20:54,699 --> 00:20:58,839
Well, if they were closed then, why do
you have any doubt as to whether or not
353
00:20:58,840 --> 00:21:01,070
they were closed while he was
suffocating?
354
00:21:02,060 --> 00:21:03,110
Mr. Visser?
355
00:21:06,040 --> 00:21:08,000
Why is there any doubt?
356
00:21:13,100 --> 00:21:14,500
Because I heard him speak.
357
00:21:14,501 --> 00:21:18,359
Your Honor, may I have a moment to
confer with my client? No, Miss Goss,
358
00:21:18,360 --> 00:21:21,400
not. Proceed, Mr. Mullaney. What did you
hear Mr.
359
00:21:21,660 --> 00:21:22,710
Ulmer say, sir?
360
00:21:26,320 --> 00:21:28,140
I heard him speak his wife's name.
361
00:21:29,200 --> 00:21:30,620
I heard him say Susan.
362
00:21:30,920 --> 00:21:34,180
Did you think to take the sleeping bag
off his face at that point?
363
00:21:34,420 --> 00:21:35,470
Yes, I did.
364
00:21:36,900 --> 00:21:37,950
I did, Sam.
365
00:21:38,220 --> 00:21:39,760
I begged you to stop.
366
00:21:41,160 --> 00:21:45,840
I could not stop it from happening.
367
00:21:50,920 --> 00:21:52,120
But I am sorry.
368
00:21:55,600 --> 00:22:00,439
I don't see why we have to fight this
fight. I really don't. Your father wants
369
00:22:00,440 --> 00:22:03,180
to exercise certain managerial
prerogatives, Alan.
370
00:22:03,560 --> 00:22:05,860
He's not taking an unreasonable
position.
371
00:22:06,060 --> 00:22:10,340
Every indication is that this is a bad
time to get into the software business.
372
00:22:10,341 --> 00:22:14,419
The big boys are hanging back waiting to
see how the market shakes out. They'll
373
00:22:14,420 --> 00:22:18,150
make a move and do the same thing as
software that Blockbuster did to video.
374
00:22:18,380 --> 00:22:21,000
Hey, youngster, I took a single store.
375
00:22:21,610 --> 00:22:26,509
And I built it up into a corporation
that grossed $130 million last year. So
376
00:22:26,510 --> 00:22:29,729
please, don't give me any lessons on how
to run a business. Dad, I am not trying
377
00:22:29,730 --> 00:22:32,389
to get you... Gentlemen, for the
purposes of dealing with the board of
378
00:22:32,390 --> 00:22:35,609
directors, let's remember that you're
both on the same side of this issue.
379
00:22:35,610 --> 00:22:39,170
Excuse me, Leland. I need a signature on
these. Ah, yes, I'll take it.
380
00:22:43,990 --> 00:22:48,730
How was lunch yesterday?
381
00:22:49,810 --> 00:22:53,030
Fine. He moves fast, my father, doesn't
he?
382
00:22:54,130 --> 00:22:55,870
What does that mean, he moves fast?
383
00:22:55,970 --> 00:22:57,020
Just what I said, Dad.
384
00:22:57,070 --> 00:23:00,869
You see something you want, you waste no
time going after it. You make your
385
00:23:00,870 --> 00:23:02,490
move, as you're so fond of saying.
386
00:23:02,890 --> 00:23:05,660
Did he offer you a job yet? That's none
of your business.
387
00:23:05,670 --> 00:23:06,720
We had lunch.
388
00:23:07,570 --> 00:23:09,250
Denise, would you excuse us?
389
00:23:11,750 --> 00:23:12,800
Okay.
390
00:23:16,150 --> 00:23:17,830
Here's what I think I'm going to do.
391
00:23:17,831 --> 00:23:20,709
I'm going to do what you do. Meaning
what?
392
00:23:20,710 --> 00:23:23,120
Meaning I'm voting with the board of
directors.
393
00:23:24,341 --> 00:23:26,329
You're doing what?
394
00:23:26,330 --> 00:23:29,929
I'm voting with the board of directors.
Now, Alan, slow down a moment. I'm just
395
00:23:29,930 --> 00:23:30,949
doing what he does.
396
00:23:30,950 --> 00:23:34,149
I'm making a move. You're stabbing me in
the back. That's what you're doing. You
397
00:23:34,150 --> 00:23:37,489
side with the board of directors, your
father's out on his ear. And he's out on
398
00:23:37,490 --> 00:23:40,209
his ear. You want to be the boss. Is
that it, Alan? I want to protect my
399
00:23:40,210 --> 00:23:42,650
interests. No, you want to be the boss.
400
00:23:42,870 --> 00:23:44,570
All right, I want to be the boss.
401
00:23:45,430 --> 00:23:47,050
I'm 38 years old, Dad.
402
00:23:47,560 --> 00:23:51,700
I want to stop being told all the things
I don't know. I want to be listened to.
403
00:23:51,820 --> 00:23:53,560
I want to be respected.
404
00:23:54,140 --> 00:23:56,490
I want to start making decisions the way
you do.
405
00:23:56,491 --> 00:24:00,459
Fast and ruthless and without any regard
for what anybody else thinks. Alan. And
406
00:24:00,460 --> 00:24:03,740
I'm going to start by kicking your ass
out of this company.
407
00:24:09,640 --> 00:24:11,400
You went out with Jack Barbera.
408
00:24:11,640 --> 00:24:12,760
I had lunch with him.
409
00:24:13,380 --> 00:24:14,660
Was it a business lunch?
410
00:24:15,060 --> 00:24:19,059
No. Did you think there was any reason
for this lunch other than his romantic
411
00:24:19,060 --> 00:24:20,110
interest in you?
412
00:24:20,111 --> 00:24:23,839
Leland, he asked me to go to lunch and I
went. I didn't think it was going to be
413
00:24:23,840 --> 00:24:27,720
such a big deal. Well, let me tell you
just how big a deal it apparently was.
414
00:24:27,721 --> 00:24:32,159
Alan Barbera has announced his intention
to switch his allegiance from his
415
00:24:32,160 --> 00:24:33,599
father to the board of directors.
416
00:24:33,600 --> 00:24:37,180
That will result in his father being
ousted from the company he built.
417
00:24:37,420 --> 00:24:38,470
And this is my fault.
418
00:24:38,620 --> 00:24:41,210
It could be said that you had something
to do with it.
419
00:24:41,211 --> 00:24:44,599
Excuse me, but I refuse to accept that.
You don't believe that you could have
420
00:24:44,600 --> 00:24:47,550
exercised just slightly better judgment
in this matter?
421
00:24:47,551 --> 00:24:51,879
Well, nobody told me that there was a
rule against secretaries dating clients.
422
00:24:51,880 --> 00:24:52,930
I'm telling you.
423
00:24:53,140 --> 00:24:54,700
So you're firing me?
424
00:24:55,240 --> 00:24:57,660
What I'm doing now is putting you on
notice.
425
00:24:58,460 --> 00:25:01,260
When I fire you, you'll know it.
426
00:25:01,261 --> 00:25:07,279
Scottish grading system for snow and ice
climbs goes from grade one to grade
427
00:25:07,280 --> 00:25:12,339
six. Grade two is characterized by
rudimentary technical climbing over
428
00:25:12,340 --> 00:25:14,560
distances. Unfortunately, that changed.
429
00:25:14,880 --> 00:25:15,930
How did it change?
430
00:25:16,060 --> 00:25:18,770
Well, the first thing that happened was
it got warmer.
431
00:25:19,280 --> 00:25:23,680
What had been good, hard, blue -green
ice, which was perfect for climbing,
432
00:25:23,860 --> 00:25:24,910
turned soft.
433
00:25:25,600 --> 00:25:28,040
Climbing became more difficult.
434
00:25:28,620 --> 00:25:30,120
resulting in Mr. Allner's fall.
435
00:25:30,180 --> 00:25:34,120
What, if anything, did you do in an
attempt to get Mr. Allner off that
436
00:25:34,360 --> 00:25:38,440
First thing we did was get him to a
flat, protected area, get him covered
437
00:25:40,540 --> 00:25:46,159
I tried several times to go for help,
but each time I was turned back by
438
00:25:46,160 --> 00:25:47,440
avalanches or storms.
439
00:25:47,680 --> 00:25:51,719
Who decided to take Vaughn Allner's
life, Mr. Barkwell? I'll take
440
00:25:51,720 --> 00:25:55,959
for it. You tell us why you felt it had
come to that. Mr. Allner had been in a
441
00:25:55,960 --> 00:25:57,220
coma for five days.
442
00:25:57,760 --> 00:26:00,460
His pulse was barely discernible.
443
00:26:01,400 --> 00:26:03,380
His body temperature was extremely low.
444
00:26:03,381 --> 00:26:06,659
I felt there was no chance to get him
out alive.
445
00:26:06,660 --> 00:26:09,719
Well, in that case, why not just leave
him and get out yourselves?
446
00:26:09,720 --> 00:26:12,179
It had been more than two weeks since
we'd eaten anything.
447
00:26:12,180 --> 00:26:14,650
We were suffering from frostbite,
hypothermia.
448
00:26:14,800 --> 00:26:19,459
I felt as though if we didn't ingest
some form of calories, the temperature
449
00:26:19,460 --> 00:26:22,520
our internal organs would be such that
we'd freeze to death.
450
00:26:24,360 --> 00:26:25,960
In order to have the strength...
451
00:26:26,460 --> 00:26:30,460
To get off that mountain, we had to eat.
Do you regret what you did?
452
00:26:31,880 --> 00:26:34,380
I regret the circumstances made it
necessary.
453
00:26:35,080 --> 00:26:36,130
Thank you.
454
00:26:36,140 --> 00:26:37,280
I have nothing further.
455
00:26:42,100 --> 00:26:47,679
Were you aware, Mr. Barkwell, that
search and rescue operations were
456
00:26:47,680 --> 00:26:49,360
the time you took this man's life?
457
00:26:49,460 --> 00:26:54,959
No, I was not. Most search and rescue
operations are scaled back after about
458
00:26:54,960 --> 00:26:59,159
days. Also, given the weather, I was not
optimistic that the searchers would
459
00:26:59,160 --> 00:27:00,659
find us even if they were still looking.
460
00:27:00,660 --> 00:27:05,419
Are you aware of the fact that people
have survived without food for as long
461
00:27:05,420 --> 00:27:06,470
five weeks?
462
00:27:06,500 --> 00:27:08,000
I wasn't out to set any records.
463
00:27:09,820 --> 00:27:10,920
I'd reached my limit.
464
00:27:11,460 --> 00:27:13,020
Richard Visser had reached his.
465
00:27:13,140 --> 00:27:16,480
I made the decision I felt was necessary
in order to survive.
466
00:27:16,820 --> 00:27:20,080
Did you hear Vaughn Allmer speak his
wife's name, sir?
467
00:27:20,560 --> 00:27:24,960
Yes. So, you were aware that he was, in
fact, coming out of the coma.
468
00:27:25,480 --> 00:27:27,920
I was aware that he had spoken.
469
00:27:28,240 --> 00:27:33,620
And having heard him, you opted to go
right on doing what you were doing?
470
00:27:34,060 --> 00:27:35,110
Yes.
471
00:27:35,800 --> 00:27:40,039
In other words, once you had decided to
sacrifice this man, nothing was going to
472
00:27:40,040 --> 00:27:42,659
stop you. Your Honor, I object to
prosecutors badgering this man.
473
00:27:42,660 --> 00:27:46,179
Objection sustained. Mr. Mullaney, you
will cease badgering the witness.
474
00:27:46,180 --> 00:27:49,680
I understand the legal position that you
are taking, Mr.
475
00:27:49,980 --> 00:27:55,169
Barkwell. What I'm wondering is whether
or not it doesn't seem even to you that
476
00:27:55,170 --> 00:28:00,349
maybe it wasn't necessary to kill this
man, hack off his leg, and cannibalize
477
00:28:00,350 --> 00:28:03,390
him. We were dying. All three of us were
dying.
478
00:28:03,830 --> 00:28:09,330
Von Allner was closer than Richard
Visser or myself, but we weren't far
479
00:28:09,530 --> 00:28:16,329
I didn't enjoy what I did. I didn't
derive some ghoulish pleasure from
480
00:28:16,330 --> 00:28:17,269
human flesh.
481
00:28:17,270 --> 00:28:18,530
It was a gruesome...
482
00:28:19,960 --> 00:28:25,719
sickening ordeal. But had we not done
it, there is absolutely no doubt in my
483
00:28:25,720 --> 00:28:27,620
mind but that we would have died.
484
00:28:27,900 --> 00:28:33,619
I am sorry that it happened the way it
happened, but I don't apologize for
485
00:28:33,620 --> 00:28:34,670
surviving.
486
00:28:35,580 --> 00:28:36,820
No further questions.
487
00:28:42,860 --> 00:28:44,380
Thanks for coming.
488
00:28:44,381 --> 00:28:45,659
Not at all.
489
00:28:45,660 --> 00:28:47,830
I wanted to talk to you about what
happened.
490
00:28:48,679 --> 00:28:49,729
Okay.
491
00:28:49,730 --> 00:28:52,219
What did Leland and my father tell you
to say?
492
00:28:52,220 --> 00:28:55,950
They didn't tell me to say anything, and
they don't even know that I'm here.
493
00:28:55,951 --> 00:28:58,459
Leland blames everything on you, though,
doesn't he?
494
00:28:58,460 --> 00:29:00,500
Yeah, he holds me partially responsible.
495
00:29:00,560 --> 00:29:03,060
Well, I'm sure you can get another job
if need be.
496
00:29:05,000 --> 00:29:06,420
Did I do something wrong?
497
00:29:10,220 --> 00:29:11,270
No.
498
00:29:11,400 --> 00:29:12,450
I'm sorry.
499
00:29:13,480 --> 00:29:16,400
And I'm sorry you got dragged into this.
500
00:29:17,480 --> 00:29:18,580
Here you go. Thank you.
501
00:29:22,200 --> 00:29:24,550
You know, you don't have to murder your
father.
502
00:29:24,551 --> 00:29:27,279
I'm not sure you're right about that.
503
00:29:27,280 --> 00:29:28,330
You're not?
504
00:29:30,680 --> 00:29:34,320
Look, I'm finished being a professional
son, Denise.
505
00:29:35,200 --> 00:29:37,430
I don't want to pad around after him
anymore.
506
00:29:37,560 --> 00:29:38,610
Well, then don't.
507
00:29:39,200 --> 00:29:41,490
Don't work for him. Don't work for the
company.
508
00:29:41,720 --> 00:29:42,860
Start your own company.
509
00:29:44,570 --> 00:29:48,369
You're a smart boy, Alan. I mean, I'm
sure there's a lot of things you could
510
00:29:48,370 --> 00:29:49,420
on your own.
511
00:29:49,730 --> 00:29:52,530
I couldn't get you to go out with me,
though.
512
00:29:52,531 --> 00:29:56,989
Well, I'm sure there's a lot of other
things, you know, that you could do on
513
00:29:56,990 --> 00:29:58,040
your own.
514
00:29:59,901 --> 00:30:06,929
You're getting a major league shafting
here, Carl, I have to tell you that.
515
00:30:06,930 --> 00:30:07,980
I don't care.
516
00:30:07,981 --> 00:30:11,559
You don't care now because you're
despondent. You're going to care a year
517
00:30:11,560 --> 00:30:14,930
now when you're in the supermarket
buying dented cans of tuna fish.
518
00:30:15,140 --> 00:30:18,750
I can't subject myself to any more
humiliation, Arnie. It's too painful.
519
00:30:19,140 --> 00:30:21,600
It was bad enough when it was just her
and Ivan.
520
00:30:21,800 --> 00:30:26,179
Now to be faced with the fact that there
have been repeated infidelities... Why
521
00:30:26,180 --> 00:30:29,079
is that an occasion to give her
everything that she's asking for?
522
00:30:29,080 --> 00:30:33,800
Because I don't want to go through a
long, drawn -out divorce.
523
00:30:34,140 --> 00:30:37,400
You know, if this does go to court,
we're going to beat them cold.
524
00:30:37,401 --> 00:30:38,689
Doesn't matter.
525
00:30:38,690 --> 00:30:40,890
A little vengeance goes a long way,
Carl.
526
00:30:41,490 --> 00:30:45,549
I'm sure vengeance is one in a range of
approaches to this self -same set of
527
00:30:45,550 --> 00:30:48,729
circumstances. I just don't know if it's
appropriate in my case.
528
00:30:48,730 --> 00:30:52,150
Why isn't it? Because I brought her
infidelities on myself.
529
00:30:57,190 --> 00:30:58,240
You're right.
530
00:30:59,150 --> 00:31:03,670
Well, not that I don't feel aggrieved. I
understand. I'll, uh...
531
00:31:05,230 --> 00:31:09,289
I'll finish up the paperwork on it, you
go back to your office, and I'll call
532
00:31:09,290 --> 00:31:10,970
you when it's ready for signature.
533
00:31:11,670 --> 00:31:15,290
Well, I appreciate the effort you've
been making.
534
00:31:15,590 --> 00:31:16,640
Right.
535
00:31:16,830 --> 00:31:18,310
I know you don't agree with me.
536
00:31:18,570 --> 00:31:19,620
Doesn't matter.
537
00:31:19,790 --> 00:31:20,840
You're the boss.
538
00:31:21,490 --> 00:31:25,510
I do not in any way, shape, or form feel
like the boss.
539
00:31:25,830 --> 00:31:29,210
I'm in too much pain to sit across a
table from this woman.
540
00:31:29,510 --> 00:31:30,650
Carl, do me a favor.
541
00:31:30,651 --> 00:31:34,859
Don't ask me to feel sorry for you,
because in my opinion, you should be
542
00:31:34,860 --> 00:31:38,719
sit across the table from this woman.
You say it's too painful. Well,
543
00:31:38,720 --> 00:31:42,480
the world is a painful place, but you
still have to take care of business.
544
00:31:42,740 --> 00:31:45,030
I don't live in the world the way you
do, Arnie.
545
00:31:45,040 --> 00:31:46,260
I live in my mind.
546
00:31:47,480 --> 00:31:48,840
I don't build anything.
547
00:31:49,340 --> 00:31:50,560
I don't sell anything.
548
00:31:51,440 --> 00:31:53,920
I don't talk to people outside my field.
549
00:31:54,640 --> 00:31:57,300
I don't talk to very many people inside
my field.
550
00:31:58,600 --> 00:32:03,419
For the past eight years, the one link
I've had to the world outside my mind
551
00:32:03,420 --> 00:32:07,519
been Andrea. There are a lot of other
women in the world, Carl. The only woman
552
00:32:07,520 --> 00:32:10,680
I've ever been with is Andrea Rossoff.
553
00:32:11,980 --> 00:32:13,030
What do you mean?
554
00:32:14,380 --> 00:32:18,119
She's the only woman I've ever had
sexual intercourse with or seen
555
00:32:18,120 --> 00:32:19,170
naked.
556
00:32:20,420 --> 00:32:21,470
Oh.
557
00:32:23,760 --> 00:32:26,500
Put on your coat, Carl. I'm going to
make a phone call.
558
00:32:28,030 --> 00:32:31,410
And you and I are going to head over to
the monkey bar. Wait a minute.
559
00:32:32,050 --> 00:32:33,310
Who are you going to call?
560
00:32:34,170 --> 00:32:35,350
What is the monkey bar?
561
00:32:35,650 --> 00:32:37,070
Monkey bar is a restaurant.
562
00:32:37,890 --> 00:32:39,690
I'm going to call a young woman I know.
563
00:32:40,290 --> 00:32:41,910
I don't want a prostitute, Arnie.
564
00:32:42,090 --> 00:32:43,290
She's not a prostitute.
565
00:32:45,070 --> 00:32:46,190
She's a friend of mine.
566
00:32:48,470 --> 00:32:50,870
So tell me, what is this gold box
conjecture?
567
00:32:51,190 --> 00:32:52,710
What's gold box conjecture?
568
00:32:52,711 --> 00:32:54,389
Well, are you ready to order?
569
00:32:54,390 --> 00:32:55,440
Okay, um...
570
00:32:55,720 --> 00:33:00,519
It's an open problem in mathematics,
which remains open to this day. Simply
571
00:33:00,520 --> 00:33:04,700
stated, every even number can be
expressed as the sum of two primes.
572
00:33:04,701 --> 00:33:07,159
Carl is something of an authority on the
subject.
573
00:33:07,160 --> 00:33:12,679
It was first proposed in 1742 in a
letter by Christian Goldbach to the
574
00:33:12,680 --> 00:33:13,719
Leonard Euler.
575
00:33:13,720 --> 00:33:16,060
It has remained open ever since.
576
00:33:16,660 --> 00:33:17,740
This is math.
577
00:33:18,500 --> 00:33:19,550
This is math.
578
00:33:20,360 --> 00:33:21,760
This is number theory.
579
00:33:22,120 --> 00:33:23,170
Holly.
580
00:33:23,340 --> 00:33:27,279
This is an actual genius, not just one
of those guys who thinks of himself that
581
00:33:27,280 --> 00:33:29,400
way. His IQ is 190.
582
00:33:30,600 --> 00:33:37,359
My God. I must say that I don't find the
IQ so -called to be a
583
00:33:37,360 --> 00:33:41,599
particularly reliable indicator of most
higher -order thinking. It's an
584
00:33:41,600 --> 00:33:45,030
interesting diversion, but in practical
terms, it's meaningless.
585
00:33:45,340 --> 00:33:47,740
January 5th, 1965, what day of the week?
586
00:33:47,960 --> 00:33:49,160
These are parlor tricks.
587
00:33:49,200 --> 00:33:50,800
January 5th, 1965.
588
00:33:51,740 --> 00:33:52,790
Tuesday.
589
00:33:53,880 --> 00:33:57,060
November 17th, 1931.
590
00:33:58,020 --> 00:33:59,460
It's silly. It's meaningless.
591
00:34:00,900 --> 00:34:01,950
Also Tuesday.
592
00:34:02,180 --> 00:34:03,230
Oh, wow.
593
00:34:03,400 --> 00:34:05,120
April 24th, 1966.
594
00:34:06,260 --> 00:34:09,080
Sunday. It was a Sunday. That was the
day I was born.
595
00:34:09,420 --> 00:34:10,500
You were born in 1966?
596
00:34:10,960 --> 00:34:14,400
Yes. Wow. That happens to be a fairly
interesting number.
597
00:34:14,620 --> 00:34:21,239
Why? 1 ,966 can be expressed as the sum
of 953 plus...
598
00:34:21,719 --> 00:34:23,039
One thousand and thirteen.
599
00:34:23,179 --> 00:34:25,440
Both of those numbers happen to be
prime.
600
00:34:26,960 --> 00:34:28,420
Which means what?
601
00:34:28,679 --> 00:34:31,540
Not evenly divisible by any other
number.
602
00:34:32,739 --> 00:34:36,539
That sounds simple, doesn't it? I'll try
to determine whether an odd seven
603
00:34:36,540 --> 00:34:38,719
-digit number not ending in five is
prime.
604
00:34:39,600 --> 00:34:42,910
You'll soon find that has to be rather
arduous. What did I tell you?
605
00:34:43,139 --> 00:34:44,880
So I guess Arnie told you.
606
00:34:46,000 --> 00:34:48,360
I got a thing for a really smart guy.
607
00:34:58,890 --> 00:35:03,029
When Sam Barkwell and Richard Visser
took the life of Vaughn Allner, they had
608
00:35:03,030 --> 00:35:04,250
malice in their hearts.
609
00:35:05,330 --> 00:35:09,270
They committed this horrible act because
they felt they had no choice.
610
00:35:10,650 --> 00:35:17,549
By all accounts, Vaughn Allner was
gravely ill. There was no reason to
611
00:35:17,550 --> 00:35:19,050
his life could have been saved.
612
00:35:19,950 --> 00:35:23,590
Barkwell and Visser had no expectation
of being rescued.
613
00:35:24,270 --> 00:35:26,530
They were also starving to death.
614
00:35:26,790 --> 00:35:28,150
Their choices were.
615
00:35:28,770 --> 00:35:33,149
starve where they were, leave Von Ulner
to die and try to make it back to
616
00:35:33,150 --> 00:35:37,590
civilization while they were starving,
or do what they did.
617
00:35:38,690 --> 00:35:42,750
Had they done anything other than what
they did, they too would have died.
618
00:35:43,270 --> 00:35:48,029
Let us not attempt to superimpose a code
of conduct that in a snowstorm of 13
619
00:35:48,030 --> 00:35:51,390
,000 feet would have resulted in three
men dying instead of one.
620
00:35:54,550 --> 00:35:56,470
Don't punish Samuel Barkwell.
621
00:35:57,670 --> 00:36:00,190
For saving the lives he was capable of
saving.
622
00:36:01,290 --> 00:36:02,340
Thank you.
623
00:36:06,610 --> 00:36:09,970
Richard Visser is not a great mountain
climber.
624
00:36:10,950 --> 00:36:12,810
I think he'd be the first to admit that.
625
00:36:14,610 --> 00:36:21,549
He found himself under circumstances so
extraordinary, I don't think
626
00:36:21,550 --> 00:36:23,570
any of us can imagine the horror.
627
00:36:25,450 --> 00:36:30,349
I don't think there is any question that
Richard Visser was indeed horrified at
628
00:36:30,350 --> 00:36:32,550
the prospect of taking another man's
life.
629
00:36:32,770 --> 00:36:38,450
The fact is that when it came time to do
it, he couldn't.
630
00:36:39,810 --> 00:36:41,270
Did he go along with it?
631
00:36:41,610 --> 00:36:43,070
Yes, he went along.
632
00:36:43,470 --> 00:36:46,050
Ask yourselves what choice he had.
633
00:36:46,470 --> 00:36:49,490
Samuel Barkwell was in charge of this
undertaking.
634
00:36:49,690 --> 00:36:53,930
He was in charge at the beginning, and
he certainly was in charge at the end.
635
00:36:54,540 --> 00:36:59,919
Whether or not you see fit to punish
Samuel Barkwell, there is no
636
00:36:59,920 --> 00:37:03,840
of any kind in punishing Richard Visser.
637
00:37:04,980 --> 00:37:06,030
Thank you.
638
00:37:12,680 --> 00:37:17,800
Samuel Barkwell says he had a good
reason for killing, so he's not guilty.
639
00:37:18,780 --> 00:37:23,580
Richard Visser says he backed out at the
last minute, so he's not guilty either.
640
00:37:24,710 --> 00:37:31,189
Under the law, anyone who plans or
participates in the deliberate killing
641
00:37:31,190 --> 00:37:35,090
another human being is, by definition,
guilty.
642
00:37:35,390 --> 00:37:41,829
And that law applies here in this
building, on the streets of Los Angeles,
643
00:37:41,830 --> 00:37:44,930
in the snow cave at 13 ,000 feet.
644
00:37:45,350 --> 00:37:50,370
The most basic tenets of civilization
extend even there.
645
00:37:51,690 --> 00:37:56,729
There was, despite what Mr. Levinson has
claimed, a real chance that all three
646
00:37:56,730 --> 00:37:58,329
of these men would have been rescued.
647
00:37:58,330 --> 00:38:02,149
Had one of them gone for help, the other
two might well be alive when help
648
00:38:02,150 --> 00:38:04,110
arrived. Can I guarantee it?
649
00:38:04,390 --> 00:38:10,789
No, I can't. What I can guarantee is
that Samuel Barkwell and Richard Visser
650
00:38:10,790 --> 00:38:15,929
had neither the legal nor the moral
right to kill a helpless human being out
651
00:38:15,930 --> 00:38:17,980
the belief that it would keep them
alive.
652
00:38:20,040 --> 00:38:25,160
The law as defined by Samuel Barkwell
does not obtain in this courtroom.
653
00:38:25,460 --> 00:38:29,700
What he and his co -defendant did was to
commit manslaughter.
654
00:38:30,000 --> 00:38:33,880
I ask that they be convicted and
punished.
655
00:38:44,400 --> 00:38:46,320
Hey, Jack, thanks for coming in.
656
00:38:51,020 --> 00:38:52,420
Talk fast. I have a busy day.
657
00:38:53,680 --> 00:38:57,599
You know, yesterday was the first time
in my life I felt like you were really
658
00:38:57,600 --> 00:38:58,650
listening to me.
659
00:38:58,651 --> 00:39:01,739
You've got a tough life, kid. What could
I tell you? You think it's easy being
660
00:39:01,740 --> 00:39:02,790
your kid?
661
00:39:02,860 --> 00:39:06,110
Probably had its pluses and minuses,
just like everything else.
662
00:39:06,180 --> 00:39:07,800
I think that's probably true.
663
00:39:08,540 --> 00:39:10,460
What is it that you want to say, Alan?
664
00:39:11,060 --> 00:39:14,440
Just that I'm not going to do what I
said I was going to do yesterday.
665
00:39:14,760 --> 00:39:18,120
For the duration of this fight, I'm
going to stand with you, Dad.
666
00:39:20,400 --> 00:39:22,540
Why the change of heart?
667
00:39:24,060 --> 00:39:28,260
Denise called me. We got together. She
had a few things to say on the subject.
668
00:39:30,700 --> 00:39:37,619
I spent a sleepless night. I decided
that whatever else I want, I don't want
669
00:39:37,620 --> 00:39:38,670
turn against you.
670
00:39:39,760 --> 00:39:45,800
So, uh, we're still in business. No,
we're not still in business.
671
00:39:46,920 --> 00:39:49,870
I'm going to wrap up my responsibilities
for your company.
672
00:39:49,871 --> 00:39:52,509
Then I'm going to move on. What do you
mean, move on?
673
00:39:52,510 --> 00:39:53,560
I've got some ideas.
674
00:39:54,550 --> 00:39:57,500
I'm going to start a business of my own.
We'll do it together.
675
00:39:57,610 --> 00:39:59,130
I don't want to do it together.
676
00:40:00,090 --> 00:40:01,270
I want to do it myself.
677
00:40:02,030 --> 00:40:04,320
So I'll just be an investor, a silent
partner.
678
00:40:04,530 --> 00:40:05,580
Maybe next time.
679
00:40:05,581 --> 00:40:09,109
Oh, that makes no sense. The first one's
the one you need me for. Who are you
680
00:40:09,110 --> 00:40:11,749
going to go to, investment bankers, Wall
Street? They'll eat you alive.
681
00:40:11,750 --> 00:40:12,830
Jack. What?
682
00:40:13,130 --> 00:40:14,690
Listen to what he's telling you.
683
00:40:20,430 --> 00:40:21,480
All right, kid.
684
00:40:22,970 --> 00:40:24,020
Whatever you say.
685
00:40:32,390 --> 00:40:33,630
New Arnie? Where is he?
686
00:40:34,410 --> 00:40:35,460
I don't know, Seth.
687
00:40:36,010 --> 00:40:40,010
He should be here. I know he should be
here. If you have two nine -sided dice,
688
00:40:40,130 --> 00:40:42,050
what are the odds of drawing 16 or more?
689
00:40:42,910 --> 00:40:44,030
13 .5.
690
00:40:44,450 --> 00:40:47,590
Carl, that was supposed to be
challenging for my attorney.
691
00:40:49,520 --> 00:40:50,720
Take a look at that, baby.
692
00:40:58,000 --> 00:41:01,520
This is an indirect proof for Goldbach's
conjecture. That's right.
693
00:41:01,820 --> 00:41:04,560
No partition with exactly two primes
exists.
694
00:41:04,940 --> 00:41:07,120
There's a corollary to Wildenberg.
695
00:41:08,440 --> 00:41:10,260
There's no central involution.
696
00:41:11,400 --> 00:41:12,450
That's incredible.
697
00:41:13,590 --> 00:41:16,240
If it's true. We should probably get
down to business.
698
00:41:16,250 --> 00:41:19,330
Okay. I assume you're ready to sign some
papers, huh?
699
00:41:19,670 --> 00:41:20,720
Actually, we're not.
700
00:41:20,721 --> 00:41:22,509
We're not?
701
00:41:22,510 --> 00:41:23,970
That's Carl. He's the boss.
702
00:41:23,971 --> 00:41:26,669
Yesterday, I wasn't prepared to go
through with the divorce.
703
00:41:26,670 --> 00:41:29,609
Today, that's no longer the case. You've
contradicted the fight -Suzuki
704
00:41:29,610 --> 00:41:30,969
-Thompson theorem. Do you know that?
705
00:41:30,970 --> 00:41:32,050
Ray -Duke -TO -ot.
706
00:41:32,530 --> 00:41:33,580
Absurdum.
707
00:41:33,890 --> 00:41:35,730
Quaderat demonstrandum. Set.
708
00:41:35,731 --> 00:41:39,459
We should schedule the rest of the
depositions, get ready to proceed to
709
00:41:39,460 --> 00:41:42,099
want you to take me through this, Carl.
Wait, look, look.
710
00:41:42,100 --> 00:41:46,979
Have we really gone down all of the
avenues that could lead us to a
711
00:41:46,980 --> 00:41:50,859
here? I want to be there when you polish
your proofs. Andrea, please, let's
712
00:41:50,860 --> 00:41:53,739
first deal with the business at hand,
shall we? Answer to your question, Seth.
713
00:41:53,740 --> 00:41:57,299
Unless your client is willing to drop
the demands for the apartment and agree
714
00:41:57,300 --> 00:42:00,659
one -third of the monthly support she's
asking for, we're going to trial.
715
00:42:00,660 --> 00:42:02,260
Andrea. Please, Carl.
716
00:42:02,261 --> 00:42:05,059
I'll take you through the proofs when
we're done with the divorce.
717
00:42:05,060 --> 00:42:06,110
Okay.
718
00:42:06,250 --> 00:42:10,160
freely conceding that this is impulsive,
erratic, and completely unstable.
719
00:42:11,190 --> 00:42:13,630
What do you say we stay married?
720
00:42:14,210 --> 00:42:15,350
I'd say no thanks.
721
00:42:15,630 --> 00:42:20,510
Carl, you knew about Ivan at the point
which you suggested reconciliation.
722
00:42:21,470 --> 00:42:25,370
I told you about multiple affairs. You
thought there were X units of adultery.
723
00:42:25,371 --> 00:42:27,549
It turned out there were Y units of
adultery.
724
00:42:27,550 --> 00:42:28,929
Fundamentally, there's no difference.
725
00:42:28,930 --> 00:42:29,989
You're right, Andrea.
726
00:42:29,990 --> 00:42:32,280
Then why are you unwilling to reconcile
now?
727
00:42:32,550 --> 00:42:33,690
Why are you willing to?
728
00:42:34,120 --> 00:42:36,040
I've never seen you in this light.
729
00:42:36,340 --> 00:42:39,040
In other words, now I can do you some
good. No.
730
00:42:39,041 --> 00:42:42,959
There's going to be hoopla and frenzy,
and you want to be part of the hoopla
731
00:42:42,960 --> 00:42:46,510
frenzy. I've never seen you more
brilliant than you are right now, Carl.
732
00:42:47,120 --> 00:42:48,170
Don't turn me away.
733
00:42:48,760 --> 00:42:49,810
Sorry, Andrea.
734
00:42:50,120 --> 00:42:51,700
Why are you doing this to me?
735
00:42:52,520 --> 00:42:53,570
Excuse me.
736
00:42:53,960 --> 00:42:55,160
Arnie, do you validate?
737
00:42:55,460 --> 00:42:58,350
Sure, Holly. The receptionist will take
care of it for you.
738
00:43:01,240 --> 00:43:02,290
We're ready to go.
739
00:43:02,610 --> 00:43:03,660
Great.
740
00:43:04,930 --> 00:43:05,980
Carl!
741
00:43:06,790 --> 00:43:07,840
My all.
742
00:43:22,330 --> 00:43:24,590
Has the jury reached a verdict?
743
00:43:24,830 --> 00:43:26,910
We have, Your Honor. What say you?
744
00:43:28,790 --> 00:43:31,450
In the matter of the people versus
Richard Visser.
745
00:43:31,870 --> 00:43:36,449
on the charge of voluntary manslaughter,
we, the jury, find the defendant not
746
00:43:36,450 --> 00:43:40,689
guilty. In the matter of Samuel
Barkwell, on the charge of voluntary
747
00:43:40,690 --> 00:43:43,430
manslaughter, we find the defendant
guilty.
748
00:43:44,510 --> 00:43:49,369
Mr. Barkwell may spend a brief moment
with counsel and thereafter be remanded
749
00:43:49,370 --> 00:43:50,420
into custody.
750
00:43:50,730 --> 00:43:52,490
Mr. Visser is free to go.
751
00:43:53,450 --> 00:43:56,070
The jury is discharged with the thanks
of the court.
752
00:44:04,709 --> 00:44:06,269
Sam, you need to know something.
753
00:44:08,090 --> 00:44:09,770
You need to know that I did a bad job.
754
00:44:09,771 --> 00:44:10,929
No, you didn't.
755
00:44:10,930 --> 00:44:13,169
Listen to me. I'm not saying this for
absolution.
756
00:44:13,170 --> 00:44:16,409
I'm saying this because you need to hire
another attorney to handle your appeal.
757
00:44:16,410 --> 00:44:19,429
One of the grounds you need to include
is my incompetent representation.
758
00:44:19,430 --> 00:44:20,690
You weren't incompetent.
759
00:44:20,691 --> 00:44:23,969
Allowing a joint trial was incompetent.
Eli, you're not going to get me to say
760
00:44:23,970 --> 00:44:25,650
it because I don't think it's true.
761
00:44:25,890 --> 00:44:28,110
Also, I don't want to hire another
lawyer.
762
00:44:28,650 --> 00:44:31,240
You handled the case. I want you to
handle the appeal.
763
00:44:32,460 --> 00:44:33,510
I'm sorry, Sam.
764
00:44:33,940 --> 00:44:35,020
Stepped in a hole, Eli.
765
00:44:36,120 --> 00:44:37,170
Happens.
766
00:44:42,760 --> 00:44:47,460
You, uh... You left before I had a
chance to say anything, Sam.
767
00:44:50,580 --> 00:44:53,540
I am desperately sorry for what
happened.
768
00:44:54,080 --> 00:44:58,539
I did not go into this thinking that I
would go free and you wouldn't. I...
769
00:44:58,540 --> 00:45:00,320
That's not...
770
00:45:00,650 --> 00:45:03,290
What I planned. That's not what I
wanted.
771
00:45:03,650 --> 00:45:10,089
I must say, though, in all fairness, I
don't feel equally responsible
772
00:45:10,090 --> 00:45:13,390
for what happened up there. I was
hysterical.
773
00:45:14,730 --> 00:45:16,190
I didn't know what I was doing.
774
00:45:20,830 --> 00:45:22,010
I'm sorry, Sam.
775
00:45:23,411 --> 00:45:26,709
You're not even going to talk to me?
776
00:45:26,710 --> 00:45:27,760
Why would...
777
00:45:27,761 --> 00:45:30,929
I told the truth up there. What I said
on the witness stand is what I
778
00:45:30,930 --> 00:45:33,809
remembered. And the fact that it hung
your code defendant out to dry, that was
779
00:45:33,810 --> 00:45:37,060
strictly inadvertent. All right, now,
what would you have me do?
780
00:45:37,610 --> 00:45:38,930
I would have had you be a man.
781
00:45:39,870 --> 00:45:42,820
I would have had you take responsibility
for your actions.
782
00:45:43,030 --> 00:45:44,610
But then cowards seldom do that.
783
00:45:44,890 --> 00:45:46,030
You think I'm a coward?
784
00:45:46,330 --> 00:45:47,380
Yes, I do.
785
00:45:47,381 --> 00:45:50,849
And much as I would be utterly terrified
at the prospect of going to prison
786
00:45:50,850 --> 00:45:53,789
right now, I'd rather be where Sam
Barkwell is than where you are.
787
00:45:53,790 --> 00:45:57,220
If his appeals are unsuccessful, he'll
do his time and he'll be done.
788
00:45:57,221 --> 00:46:00,359
I suspect you'll be a coward for the
rest of your life.
789
00:46:00,360 --> 00:46:04,910
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