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This is for white paper.
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This is for colored paper. Uh -huh. This
is for this paper.
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Right. This is for shiny paper.
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Benny, try not to spend the whole day on
this. You know what I mean?
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Okay. Where's my buddy?
6
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Hey, Ben.
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Dominic?
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There he is. How's it going, Chief?
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Dominic, hi.
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Put out your hand.
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Now come. Put out your hand. I got
something for you. Ha -ha.
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I wield an exact in the eighth race and
a 25 to one shot. Bingo.
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He has no idea what I'm talking about.
We had a very big day today, Ben.
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There's three large right in the palm of
your hand.
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Oh, thanks.
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This isn't my friend Dominic. A little
dribble on your shirt.
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How do you do? Fine, thank you. Nice to
make your acquaintance. Very beautiful
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offices you have here. Very nice. Very
centrally located.
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Where do you know Benny from?
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Oh, we sit at the counter at Duke Park
and have supper every night.
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Are we still doing that thing? What
thing?
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You know the place you said we were
going. If I said we're going, we're
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Going where?
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It's a secret.
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Oh, this guy. Everything's a big game.
It's no big deal, Benny.
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Well, it is to me.
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Don't get all emotional on me, all
right?
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Sorry. Okay. Now, there's a two -year
-old running today that looks very good
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me. Okay?
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Daryl Vianna's the trainer.
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McCarron's up. I intend to show this
horse some support by going out to the
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track and betting next month's rent.
Who's coming along?
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We have work to do, Dominic. Why, you
sure it's nothing to come wait?
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Thanks anyway.
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I don't think so. How about you, dearie,
interested in dating a jockey?
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Excuse me?
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All right, never mind. Listen, Benny,
don't spend it all on comic books, huh?
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I'll see you for supper, same time, same
station. Nice meeting you.
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Yeah.
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All right, folks.
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Busy day today. Let's get on with it.
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The Craig Estates. I'll handle that
myself, Douglas. I'm available if you
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me. Well, thank you. Given the length of
time that I've known the family, I
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think Vivian would be more comfortable
if she had to deal only with me.
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Moving on, McAllister versus the United
States Postal Service.
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Brian McAllister's wife was shot and
killed by a deranged co -worker.
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What's the cause of action?
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Wrongful death. If the co -worker's
deranged, how do you get liability on
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part of the post office? Negligent
supervision together with a particularly
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high... Stress work environment?
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Excuse me, the post office is high
stress?
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The way it's run now, it is. Hey,
delivering the mail is not high stress.
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This is high stress.
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What we do is high stress.
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And I think that at least a few of us
here are probably deranged as a result
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it. Melina, wasn't this matter supposed
to be settled? It's not for want of
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trying that it isn't, Douglas.
Unfortunately, what that means for us is
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you're going to be consumed with a
trial. You're worried about Southern
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savings. You're right. What's the
problem? The problem is we've been
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by their general counsel to perfect an
appeal, and the clock is ticking. What's
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the lawsuit about?
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discriminatory lending practices. And
we're representing the bank? Yes, we're
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representing the bank, and my hope is
that we represent the bank well enough
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that we get to represent other banks.
All right, Douglas, calm down. All I
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is you better get some help. I will,
Douglas, I will. I'm available.
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Melina, this is a complicated case. Get
some help.
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00:05:07,680 --> 00:05:09,840
Jonathan, I'm sorry, I don't have it
yet.
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00:05:10,650 --> 00:05:12,950
What? That law review article you asked
me to bring in.
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00:05:13,410 --> 00:05:17,450
See, between the trial and the appeal
and all the rest of what's on my desk, I
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just didn't have time to look for it.
I'm sorry.
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I have to go digging through this whole
bunch of boxes, and I didn't have a
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spare moment in which to do it. It's
okay.
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I feel badly, Jonathan. I promised I
would help you with your brief, and I
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haven't done it. You're busy.
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Yes. You need to lighten your load.
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How do I do that?
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Just do it.
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Any way you can.
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Benny, we'd like you to tell us a little
bit more about this friend of yours.
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00:05:45,740 --> 00:05:46,780
What do you want to know?
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00:05:46,980 --> 00:05:50,580
For starters, we'd like to know why it
was that he gave you $3 ,000.
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The horse he bet on won.
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But why did he give you money?
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00:05:55,320 --> 00:05:57,420
He always gives me money when the horse
wins.
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I give him money to bet with, and he
gives me money if the horse wins.
86
00:06:02,440 --> 00:06:06,720
And sometimes I think even if the horse
comes in second, he can still win.
87
00:06:06,980 --> 00:06:10,140
You give him money to bet with? Yeah.
How much money do you give him?
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00:06:10,750 --> 00:06:14,090
Oh, that depends on how much money he
needs to bet with.
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Sometimes he doesn't bet anything, and
other times he says, you've got to bring
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00:06:17,870 --> 00:06:18,870
down the hammer.
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00:06:19,410 --> 00:06:20,530
That's what he calls it.
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00:06:20,730 --> 00:06:24,510
And I give him $100, $200.
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One time I gave him $500.
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Vinnie, you have to stop doing that.
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Why? Why? Because you work hard for your
money. You don't have that much of it,
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and you shouldn't be giving it to some
guy to blow at the track.
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But he didn't blow it. He won.
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00:06:38,400 --> 00:06:42,720
The other night, I gave him $200, and
yesterday he gave me $3 ,000.
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That's yesterday.
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What's he going to do tomorrow?
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I don't know.
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The paper that has all the different
horses that are running comes out in the
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morning. Benny, the point is that he
shouldn't be doing this with your money.
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should be doing it with his money. But
he doesn't have any money. Then he
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shouldn't be gambling. He should be
working.
106
00:06:58,660 --> 00:07:00,240
Well, he says that gambling is working.
107
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He says some people go to the office to
work, and other people go to the track.
108
00:07:05,140 --> 00:07:08,870
Benny. This guy is taking advantage of
you. That's okay, guys, really.
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I don't mind giving him money. He's my
friend.
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The fact that Nathaniel didn't leave a
will means the estate goes to you,
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Vivian. Which is as it should be, Mom.
You do with it whatever you see fit.
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00:07:25,280 --> 00:07:28,520
Well, Leland, tell me this. Are we all
right as far as taxes go?
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Yes, we can pay whatever's owed out of
savings.
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I'll go on living in the house since we
own that, and I'll keep whatever
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investments we've made through the
years.
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There are a lot of other things I want
you kids to have, and I'd like you to
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00:07:41,200 --> 00:07:43,960
decide who gets what. Mom, we want what
you want.
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00:07:44,410 --> 00:07:46,110
Why don't you let her tell us what they
are?
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00:07:46,370 --> 00:07:48,510
Leland, you have the list. Why don't you
go through it?
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00:07:49,470 --> 00:07:51,690
Yes, there are golf clubs.
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Frank?
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I don't want them.
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00:07:56,830 --> 00:07:58,570
I guess Dick could use an extra set.
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00:07:58,970 --> 00:08:02,610
There's a 1975 Cadillac. Mom, why don't
you keep that?
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00:08:02,830 --> 00:08:04,430
I don't need two cars, Judith.
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00:08:04,930 --> 00:08:06,690
Frank, you take it.
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00:08:08,990 --> 00:08:09,929
All right.
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00:08:09,930 --> 00:08:13,390
There's a stamp collection. I've taken
the precaution of putting it in the
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vault. Which, if no one wants it, I'd
really love to have. But I certainly
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don't. Do we know what it's worth? I
have no idea. I just have the most
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incredibly vivid memories of Dad
shutting himself in his study with the
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closed and the blinds drawn, pouring
over his stamp.
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I'd like to get some idea what it's
worth, Judith. I can remember him
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we couldn't even knock on his door as
long as he was working on those stamps.
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It would be nice for the kids.
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Well... I hate to stand in the way, but
I'd like to find out what the stamp
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collection's worth. What it's worth in
dollars or what it's worth in memories.
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Are you saying that you could sell Dad's
stamp collection?
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I'm up to my ears in debt, Judith.
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Damn right I would sell it. Oh, kids,
this is just what I didn't want to
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I don't want to see you fight about it.
May I suggest that the first thing we do
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is have the collection appraised. That
way we'll know whether it's worth
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and what the tax situation is. I don't
want to sell that stamp collection.
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Nice to have money, isn't it, sis?
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My husband and I work for a living,
Frank. That's how you get to have money.
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right, all right. The fact is that
whether or not you're going to sell the
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collection, it has to be appraised for
tax purposes.
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It has to be appraised to have it
appraised.
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00:09:18,670 --> 00:09:21,130
But you are not going to sell my
father's stamp collection.
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We were married seven and a half years.
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Any children?
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Elected for two, Susan just turned four.
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00:09:35,720 --> 00:09:37,220
Did your wife work, Mr. McAllister?
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She worked where I worked, at the
Northfield Postal Facility, Regional
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Distribution Center No. 5. And what were
your jobs at the Northfield Postal
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Facility? We sorted mail.
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Did you know George Whalen?
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Yeah, he also sorted mail.
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Would you describe for us what it was
like to work at the Northfield Facility?
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What it was like?
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00:10:00,600 --> 00:10:03,140
Well, they have a machine called an
optical character reader.
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It spits out 30 ,000 letters an hour.
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There's a man with a stopwatch standing
behind you, timing to see how long it
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takes you to read an address and punch
in the first three digits of the zip
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code. And what, if anything, would a man
with a stopwatch do if you weren't fast
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enough?
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Write you up.
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If you move too slow, they write you up.
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If you take too many steps, they write
you up.
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00:10:28,350 --> 00:10:31,070
If you hold an envelope at the wrong
angle, if you're...
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Five minutes late for your lunch break.
If you don't ask permission to go to the
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bathroom, anything, everything, they
write you up.
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I once saw them write up a 60 -year -old
woman for showing a picture of a
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grandchild. You have no idea what it's
like in there.
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Would you describe the event that took
place on April 15, 1991?
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I was finishing my shift.
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00:10:53,540 --> 00:10:57,000
George Whalen walked out on the floor
and asked me if I'd seen our postmaster,
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00:10:57,140 --> 00:10:59,040
Mr. Daggett. I told him I hadn't.
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00:10:59,580 --> 00:11:01,360
He turned around and walked toward the
door.
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00:11:03,700 --> 00:11:05,540
Next thing I knew, he had a gun in his
hand.
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00:11:05,860 --> 00:11:07,320
Did you see him fire that gun?
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00:11:07,680 --> 00:11:08,680
Yes, I did.
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00:11:09,900 --> 00:11:12,480
When Mr. Daggett came out of his office,
he fired at him.
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00:11:12,800 --> 00:11:15,140
And what happened after he fired at him?
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00:11:16,920 --> 00:11:18,180
He got my wife instead.
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00:11:21,000 --> 00:11:23,960
She just punched in and was walking out
to the floor.
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She caught a bullet right in the head.
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00:11:30,090 --> 00:11:31,430
She died in my arms.
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00:11:33,810 --> 00:11:38,230
Mr. McAllister, you hold that the Postal
Service is responsible for your wife's
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00:11:38,230 --> 00:11:40,390
death. I'd like you to explain to us
why.
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00:11:40,670 --> 00:11:43,330
Because George Whalen never would have
done what he did if the Postal Service
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hadn't driven him to do it.
193
00:11:45,030 --> 00:11:46,510
Thank you. Nothing further.
194
00:11:48,690 --> 00:11:51,170
Mr. McAllister, I'm very sorry about
your wife.
195
00:11:51,850 --> 00:11:54,350
But there are a few questions I have to
ask you.
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00:11:55,330 --> 00:11:56,790
Did you observe anything...
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00:11:57,180 --> 00:11:59,880
unusual about George Whelan prior to the
day of the shooting?
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00:12:00,100 --> 00:12:01,100
Did I?
199
00:12:02,040 --> 00:12:04,840
No, I didn't. I didn't know the man that
well. You work together.
200
00:12:05,120 --> 00:12:08,620
Why didn't you know him that well? There
are 600 people working there. That's
201
00:12:08,620 --> 00:12:12,680
right, Mr. McAllister. There are 600
people working there. Yet you maintain,
202
00:12:12,680 --> 00:12:16,160
you not, that it was incumbent on the
supervisory personnel at the facility to
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00:12:16,160 --> 00:12:19,880
not only know this man, but to know him
well enough to predict what he would do.
204
00:12:20,180 --> 00:12:21,620
They knew the pressure he was under.
205
00:12:22,360 --> 00:12:25,900
They knew the pressure we were all
under. But all of you didn't do what
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00:12:25,900 --> 00:12:29,880
did. All of you didn't take a gun and
start shooting. No, but George Whelan's
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00:12:29,880 --> 00:12:33,680
not the only postal worker who has,
though, is he? There are more than 700
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00:12:33,680 --> 00:12:35,540
employees in the United States Postal
Service.
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00:12:36,220 --> 00:12:40,260
What percentage of them do you suppose
have behaved as Mr. Whelan has? I have
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idea. Objection. The witness isn't
qualified to answer.
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00:12:42,760 --> 00:12:45,320
An objection is sustained. My wife
wasn't supposed to get shot.
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00:12:46,180 --> 00:12:48,060
My kids weren't supposed to lose their
mother.
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00:12:48,280 --> 00:12:52,340
That's absolutely true, Mr. Callister.
The question is, who's to blame? Right.
214
00:12:52,460 --> 00:12:53,840
And according to you, no one's to blame.
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00:12:55,260 --> 00:12:58,840
George Whelan's insane, so you can't
blame him. The post office is too big
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00:12:58,840 --> 00:13:00,300
too busy, so you can't blame them.
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00:13:00,620 --> 00:13:02,540
According to you, it just happened,
right, Mr. Spitzer?
218
00:13:03,620 --> 00:13:06,860
According to you, it's one of life's
little oddball tragedies, and it just
219
00:13:06,860 --> 00:13:09,000
happened. Mr. McAllister. You're wrong,
Mr. Spitzer, wrong.
220
00:13:09,640 --> 00:13:10,740
It didn't just happen.
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00:13:11,140 --> 00:13:13,460
George Whelan didn't just one day go
insane.
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00:13:13,780 --> 00:13:16,540
Mr. McAllister. Sons of pitchers like
the man at that table drove him insane.
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00:13:17,120 --> 00:13:18,120
He's the one to blame.
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00:13:18,380 --> 00:13:21,080
Mr. McAllister, that's enough. He didn't
pull the trigger, but he's the one who
225
00:13:21,080 --> 00:13:22,080
killed her.
226
00:13:31,980 --> 00:13:34,700
These are the transcripts from the trial
and the briefs that were submitted.
227
00:13:35,540 --> 00:13:39,100
Read them, digest them, and we'll talk
about them tomorrow.
228
00:13:39,420 --> 00:13:43,220
Okay. Go ahead and use my office. Start
culling through the cases that were
229
00:13:43,220 --> 00:13:47,060
cited. And if anything jumps out at you
that you need an answer for, call the
230
00:13:47,060 --> 00:13:48,560
general counsel's office at the bank.
231
00:13:49,380 --> 00:13:51,140
I can call them? By all means.
232
00:13:51,880 --> 00:13:55,360
Because I am going to be buried under
this trial for at least a week. No one
233
00:13:55,360 --> 00:13:58,300
here knows anything about the case. So
if you need to know something, call the
234
00:13:58,300 --> 00:13:59,300
bank's lawyers.
235
00:13:59,530 --> 00:14:02,670
I have to say I kind of hate the idea of
working on the side of the bank in this
236
00:14:02,670 --> 00:14:03,810
case. Why is that?
237
00:14:04,010 --> 00:14:06,390
Because I think they do discriminate in
their lending policy.
238
00:14:07,470 --> 00:14:08,470
Read the papers.
239
00:14:08,590 --> 00:14:12,490
I will. I think you'll find that the
bank was using very reasonable criteria
240
00:14:12,490 --> 00:14:13,690
evaluating the credit risk.
241
00:14:13,910 --> 00:14:15,610
Maybe it's just a matter of general
principle.
242
00:14:15,910 --> 00:14:19,210
That's usually not a good way to decide
the merits of a specific case.
243
00:14:19,710 --> 00:14:21,930
No, you're right. I appreciate you doing
this, Gwen.
244
00:14:22,470 --> 00:14:23,930
I'm really underwater right now.
245
00:14:28,520 --> 00:14:31,620
Tell us, Dr. Gerhardt, what is your
field of expertise?
246
00:14:32,140 --> 00:14:35,400
The psychological effects of stress in
the workplace.
247
00:14:36,080 --> 00:14:40,820
And have you spent much time in the
Northfield Postal Facility? Yes, I have.
248
00:14:41,080 --> 00:14:43,020
Have you examined George Whelan? Yes.
249
00:14:43,380 --> 00:14:45,320
And what observations are you prepared
to make?
250
00:14:45,620 --> 00:14:49,900
That there was a direct link between
conditions at the postal facility and
251
00:14:49,960 --> 00:14:53,140
Whelan's actions on the day he shot and
killed Tina McAllister.
252
00:14:53,480 --> 00:14:56,400
In your opinion, what was responsible
for that link?
253
00:14:57,380 --> 00:15:01,400
Workers are governed by machines at the
Postal Service. Whether we're talking
254
00:15:01,400 --> 00:15:06,440
about optical readers or stopwatches,
management has made it abundantly clear
255
00:15:06,440 --> 00:15:10,700
that the pace of work has nothing to do
with human behavior and everything to do
256
00:15:10,700 --> 00:15:11,700
with mechanized efficiency.
257
00:15:12,680 --> 00:15:18,020
Add to this draconian regulations and
few meaningful outlets for worker
258
00:15:18,020 --> 00:15:22,200
frustrations, and you have the
conditions that result in tragedies like
259
00:15:22,200 --> 00:15:25,160
one. In your opinion, could this tragedy
have been prevented?
260
00:15:25,420 --> 00:15:29,820
Yes. This wasn't the first episode of
violent behavior on the part of a postal
261
00:15:29,820 --> 00:15:34,060
worker. Far from it. The fact is that
there have been clusters of such
262
00:15:34,100 --> 00:15:38,760
ranging from homicides to suicides to
fistfights at postal facilities all over
263
00:15:38,760 --> 00:15:39,609
the country.
264
00:15:39,610 --> 00:15:43,670
Now, had management been willing to view
these indications as a fundamental
265
00:15:43,670 --> 00:15:50,310
problem and taken steps to remedy that,
this tragedy could have been prevented.
266
00:15:50,570 --> 00:15:54,610
Did the management, in your opinion,
have any basis to conclude that George
267
00:15:54,610 --> 00:15:57,270
Whelan was a person who was likely to
become violent?
268
00:15:57,590 --> 00:15:58,930
Again, the answer is yes.
269
00:15:59,250 --> 00:16:03,790
See, contrary to popular myth, people
don't just suddenly snap.
270
00:16:04,130 --> 00:16:08,330
In 17 years, George Whelan had never
filed a single grievance.
271
00:16:08,760 --> 00:16:13,100
Now, suddenly he was disciplined for a
petty infraction, and in the span of two
272
00:16:13,100 --> 00:16:14,240
weeks he filed six.
273
00:16:14,440 --> 00:16:18,480
He wrote three letters to supervisors
and requested an appointment to speak to
274
00:16:18,480 --> 00:16:20,340
Mr. Daggett, something he had never done
before.
275
00:16:20,600 --> 00:16:24,520
He made numerous references in his
letters to acts of violence committed at
276
00:16:24,520 --> 00:16:25,580
other postal facilities.
277
00:16:26,280 --> 00:16:27,280
These were signals.
278
00:16:27,760 --> 00:16:30,340
These were calls for help.
279
00:16:30,800 --> 00:16:34,240
And anyone who was listening would have
heard them.
280
00:16:35,320 --> 00:16:36,460
I have nothing further.
281
00:16:37,070 --> 00:16:42,030
You referred to the clusters of violent
behavior among postal workers. Tell me
282
00:16:42,030 --> 00:16:45,010
something, Doctor. How does the Postal
Service compare with other industries in
283
00:16:45,010 --> 00:16:45,789
that regard?
284
00:16:45,790 --> 00:16:50,070
Not having done a statistical analysis
on other industries, I really couldn't
285
00:16:50,070 --> 00:16:55,010
say. In that I have done a little
statistical analysis, let me run the
286
00:16:55,010 --> 00:16:56,010
figures by you.
287
00:16:56,750 --> 00:17:02,110
The number of homicides and or suicides
among postal workers is 2 .3 for every
288
00:17:02,110 --> 00:17:03,510
500 ,000 workers.
289
00:17:04,010 --> 00:17:08,170
Among hotel clerks, the rate's 10 for
every 500 ,000 workers.
290
00:17:08,670 --> 00:17:11,730
Should we look into on -the -job stress
in the hotel industry, doctor?
291
00:17:12,109 --> 00:17:15,810
I'm sure you know, Counselor, that those
kind of statistics are hardly what I
292
00:17:15,810 --> 00:17:19,710
base my conclusions on. Doctor, I don't
think you base your conclusions on any
293
00:17:19,710 --> 00:17:20,710
kind of statistics.
294
00:17:21,190 --> 00:17:26,089
Objection. Sustained. Is there
scientific proof of any kind that on
295
00:17:26,089 --> 00:17:29,750
stress was responsible for acts of
violence in postal workers?
296
00:17:30,110 --> 00:17:35,330
Well, if you mean hard and fast
verifiable data, the answer's no.
297
00:17:35,530 --> 00:17:39,970
In other words, it's impossible to
prove, impossible to disprove. It's a
298
00:17:40,090 --> 00:17:41,090
isn't it, Doctor?
299
00:17:42,310 --> 00:17:48,390
Yes. It's a theory that, if accepted as
fact, will allow the plaintiff in this
300
00:17:48,390 --> 00:17:52,250
case to collect a great deal of money
because the Postal Service is, after
301
00:17:52,330 --> 00:17:54,230
a deep, deep pocket.
302
00:17:54,670 --> 00:17:58,050
Did you have that in mind by any chance
when you were formulating this theory?
303
00:17:58,690 --> 00:18:00,270
No, I didn't.
304
00:18:01,310 --> 00:18:02,310
All right, Doctor.
305
00:18:02,790 --> 00:18:04,530
I have no further questions.
306
00:18:11,720 --> 00:18:12,720
Oh, my.
307
00:18:13,120 --> 00:18:14,340
How does it look?
308
00:18:14,600 --> 00:18:16,160
This is quite a collection.
309
00:18:16,400 --> 00:18:21,560
Not necessarily in terms of its monetary
value, although that's not
310
00:18:21,560 --> 00:18:28,240
inconsiderable, but primarily in terms
of its intellectual organization, its
311
00:18:28,240 --> 00:18:30,700
understanding of historical
significance.
312
00:18:31,260 --> 00:18:35,860
A superb series of 1923 imperforates.
313
00:18:37,610 --> 00:18:42,430
Never hinged plate block of a 1924
Huguenot Walloon.
314
00:18:43,210 --> 00:18:46,310
Some fine examples of graph zeppelins.
315
00:18:47,330 --> 00:18:49,290
This was a real collector.
316
00:18:49,750 --> 00:18:51,350
Well, that doesn't surprise me.
317
00:18:51,770 --> 00:18:55,530
Nat was very methodical about everything
he did. He was a very thoughtful,
318
00:18:55,730 --> 00:18:57,010
rather scholarly man.
319
00:18:57,250 --> 00:18:58,149
It shows.
320
00:18:58,150 --> 00:19:00,650
Do you have any idea yet as to how much
it's worth?
321
00:19:01,690 --> 00:19:06,110
Well, from what I've seen thus far, I
would say we were into the mid -five
322
00:19:06,110 --> 00:19:07,110
-figure range.
323
00:19:07,370 --> 00:19:09,990
And there are a couple of boxes that I
haven't been through with him yet.
324
00:19:10,810 --> 00:19:12,270
Let's see what we have over here.
325
00:19:12,470 --> 00:19:13,470
All right.
326
00:19:14,830 --> 00:19:18,990
Speaking strictly as a fellow
philatelist, I can tell you there's much
327
00:19:18,990 --> 00:19:23,390
here. There are themes and confluences
running throughout what this man has
328
00:19:23,390 --> 00:19:24,390
done.
329
00:19:25,350 --> 00:19:26,350
What is this?
330
00:19:27,190 --> 00:19:30,230
What? There's a false bottom in this
box.
331
00:19:35,790 --> 00:19:39,390
It appears that there's pornography in
here, Mr. McKenzie.
332
00:19:39,950 --> 00:19:40,950
What?
333
00:19:41,790 --> 00:19:44,890
It appears that it didn't get in here by
mistake, either.
334
00:19:45,150 --> 00:19:47,170
Well, I have no idea where it would have
come from.
335
00:19:48,510 --> 00:19:50,730
It's quite an array, isn't there?
336
00:19:58,170 --> 00:20:00,050
Look at this degradation.
337
00:20:02,590 --> 00:20:04,930
Did you know George Wayland, Mr.
Daggett?
338
00:20:05,240 --> 00:20:06,320
Not personally, no.
339
00:20:06,640 --> 00:20:09,760
Were you aware of the fact that he had
requested an appointment with you?
340
00:20:10,020 --> 00:20:14,320
I wasn't aware of it for the simple
reason that all employee communications
341
00:20:14,320 --> 00:20:15,900
handled further down the chain of
command.
342
00:20:16,520 --> 00:20:19,580
It was dealt with. It just wasn't dealt
with by me.
343
00:20:20,260 --> 00:20:23,320
Was there any mechanism in place to deal
with worker stress?
344
00:20:23,820 --> 00:20:27,080
Yes. There's a referral service for
psychological counseling.
345
00:20:27,780 --> 00:20:31,740
There's the grievance procedure if an
employee feels he or she has been
346
00:20:32,260 --> 00:20:33,960
And then, of course, there's all of us.
347
00:20:34,600 --> 00:20:37,400
By which I mean employees and
supervisors both.
348
00:20:38,580 --> 00:20:42,220
Our number one resource at the U .S.
Postal Service is our people. We should
349
00:20:42,220 --> 00:20:43,220
never lose sight of that.
350
00:20:43,260 --> 00:20:47,020
In your opinion, was there any way that
you could have prevented this tragedy
351
00:20:47,020 --> 00:20:47,979
from happening?
352
00:20:47,980 --> 00:20:51,400
I wish there had been. The truth is, I
don't know what I would have done
353
00:20:51,400 --> 00:20:52,400
differently.
354
00:20:53,040 --> 00:20:54,500
I don't know what I could have done.
355
00:20:55,880 --> 00:20:58,960
I'm trained to move the mail, not
diagnose mental illnesses.
356
00:20:59,320 --> 00:21:00,560
But what I want to say to Mr.
357
00:21:00,780 --> 00:21:01,780
McAllister is this.
358
00:21:02,120 --> 00:21:07,720
that while I did not lose anyone dear to
me, I too was devastated by what
359
00:21:07,720 --> 00:21:08,720
happened.
360
00:21:09,380 --> 00:21:13,420
I think I can safely say that all of us
whose lives were touched by this event
361
00:21:13,420 --> 00:21:14,920
will never be the same.
362
00:21:15,440 --> 00:21:16,560
I have nothing further.
363
00:21:17,120 --> 00:21:21,100
Since you say that your life will never
be the same, I'd like to start by asking
364
00:21:21,100 --> 00:21:22,460
exactly how it's different.
365
00:21:22,740 --> 00:21:26,160
I'm not sure I know what you mean. Do
you have the same work rules in place
366
00:21:26,160 --> 00:21:27,340
that you had in place before?
367
00:21:27,600 --> 00:21:30,160
Those work rules exist for a reason. Is
that a yes?
368
00:21:30,570 --> 00:21:33,630
Yes. Do you still write people up for
taking too many steps?
369
00:21:33,930 --> 00:21:37,170
We've conducted studies, Miss Paros. You
write them up for holding an envelope
370
00:21:37,170 --> 00:21:41,030
at the wrong angle to read it? Those
studies have shown us the optimally
371
00:21:41,030 --> 00:21:43,010
efficient method to perform each task.
372
00:21:43,230 --> 00:21:47,050
And if someone deviates from that which
is optimally efficient, you bust them.
373
00:21:47,470 --> 00:21:48,690
I correct them.
374
00:21:49,250 --> 00:21:53,330
That's my job. Isn't it also your job to
provide a work environment that's safe?
375
00:21:53,450 --> 00:21:56,870
What happened that day could have
happened anywhere. It could have
376
00:21:56,870 --> 00:21:58,610
the street. It could have happened on a
bus.
377
00:21:59,370 --> 00:22:03,350
It could have happened right here in
this courtroom. I try to provide a work
378
00:22:03,350 --> 00:22:07,350
environment that's safe, but sometimes
unforeseen events will occur that render
379
00:22:07,350 --> 00:22:08,209
it otherwise.
380
00:22:08,210 --> 00:22:11,530
And it's your testimony that the work
rules in place at your facility did
381
00:22:11,530 --> 00:22:14,090
nothing to bring about this unforeseen
event.
382
00:22:14,370 --> 00:22:17,210
Look, I have a very clear -cut mandate,
Ms. Peros.
383
00:22:17,410 --> 00:22:19,910
Do it faster. Do it cheaper. Do it
better.
384
00:22:20,250 --> 00:22:22,970
People want their mail delivered. They
want it delivered promptly.
385
00:22:23,290 --> 00:22:26,830
And they don't want the price of a stamp
to go up by as much as one single
386
00:22:26,830 --> 00:22:30,100
penny. I do what I have to do to get the
job done.
387
00:22:37,460 --> 00:22:38,460
Fix your collar.
388
00:22:39,240 --> 00:22:41,360
We're not going on a bus. We're going on
an airplane.
389
00:22:42,540 --> 00:22:43,640
Gotta look a little sharp.
390
00:22:45,620 --> 00:22:46,760
Do I look sharp now?
391
00:22:51,120 --> 00:22:52,120
Like a tech.
392
00:22:52,140 --> 00:22:55,980
I'm so excited. I can't believe we're
doing this. Remember what I told you.
393
00:22:55,980 --> 00:22:57,080
is a business trip.
394
00:22:57,440 --> 00:23:00,900
Okay. We're a couple of businessmen.
We're going on a business trip. If we
395
00:23:00,900 --> 00:23:04,200
should happen to enjoy ourselves along
the way, all well and good. But the
396
00:23:04,200 --> 00:23:05,760
purpose of this trip is business.
397
00:23:05,960 --> 00:23:06,960
Business.
398
00:23:08,760 --> 00:23:09,760
You all packed?
399
00:23:09,820 --> 00:23:10,820
Yeah. Good.
400
00:23:10,960 --> 00:23:13,380
Let's make like a hockey stick and get
the puck out of here.
401
00:23:15,000 --> 00:23:16,000
Let's go.
402
00:23:16,640 --> 00:23:17,640
Huh.
403
00:23:26,400 --> 00:23:27,500
Where are you off to, Benny?
404
00:23:28,200 --> 00:23:30,960
Oh, I asked Douglas if I could leave
early and he said it was okay.
405
00:23:31,200 --> 00:23:32,200
Where are you going?
406
00:23:32,480 --> 00:23:36,100
I gave out the mail and I put extra
paper in the copier and I cleaned up the
407
00:23:36,100 --> 00:23:37,940
kitchen. Benny. Tell him where we're
going.
408
00:23:39,180 --> 00:23:40,180
We're going to Vegas.
409
00:24:00,889 --> 00:24:03,250
I'm going to get rid of it. You can't
get rid of it, Leland.
410
00:24:03,550 --> 00:24:07,770
It's hardcore pornography, Stuart. The
family doesn't know about it. What
411
00:24:07,770 --> 00:24:10,750
possible good would it do them to find
out? Yeah, I guess I wouldn't want to
412
00:24:10,750 --> 00:24:11,950
know that my father collected
pornography.
413
00:24:13,090 --> 00:24:14,470
Your father collected pornography?
414
00:24:14,910 --> 00:24:18,130
No, no, the deceased in this estate
matter collected pornography.
415
00:24:18,710 --> 00:24:19,870
What do you mean by collected?
416
00:24:20,070 --> 00:24:24,990
I mean collected. I mean boxes of
magazines, films, playing cards, a
417
00:24:24,990 --> 00:24:26,210
puzzle. Have you seen it?
418
00:24:26,410 --> 00:24:29,490
No, I haven't seen it. I really think
everyone's interest would be best served
419
00:24:29,490 --> 00:24:32,920
if I just destroyed it. Well, you can't
destroy it, Leland. You have a fiduciary
420
00:24:32,920 --> 00:24:33,940
relationship to the estate.
421
00:24:34,200 --> 00:24:35,820
But it's not as if it's worth any money.
422
00:24:36,300 --> 00:24:37,300
Are you sure?
423
00:24:39,120 --> 00:24:41,720
Are you telling me there's a market in
second -hand pornography?
424
00:24:42,040 --> 00:24:44,820
I don't know whether there is or there
isn't, but before you dispose of this
425
00:24:44,820 --> 00:24:47,360
stuff, I think I ought to call Yale
Tobias to come and take a look.
426
00:24:47,620 --> 00:24:48,620
Oh, that's a great idea.
427
00:24:48,680 --> 00:24:50,900
Yeah, his wife divorced him because of
his collection of pornography.
428
00:24:51,420 --> 00:24:52,900
He's rich. He's obsessed.
429
00:24:53,340 --> 00:24:54,680
I think we ought to get him in here.
430
00:24:56,080 --> 00:24:57,340
Give him a call, Arnold.
431
00:24:57,950 --> 00:25:00,850
One way or another, I want that material
out of my office.
432
00:25:04,130 --> 00:25:08,490
Where do you now reside, Mr. Whalen? I
reside at Atascadero State Hospital,
433
00:25:08,690 --> 00:25:10,010
Atascadero, California.
434
00:25:10,310 --> 00:25:13,090
And how long did you work for the Postal
Service, Mr. Whalen?
435
00:25:13,710 --> 00:25:14,710
Seventeen years.
436
00:25:15,190 --> 00:25:16,750
Would you tell us what your job was?
437
00:25:17,010 --> 00:25:18,010
I sorted mail.
438
00:25:18,310 --> 00:25:19,470
Did you like your job?
439
00:25:19,950 --> 00:25:21,010
One time I did.
440
00:25:21,250 --> 00:25:22,250
Did that change?
441
00:25:23,790 --> 00:25:24,790
Yes, it did.
442
00:25:24,890 --> 00:25:25,890
What happened?
443
00:25:26,150 --> 00:25:27,190
They roped me up.
444
00:25:28,010 --> 00:25:29,310
What'd they write you up for?
445
00:25:30,790 --> 00:25:31,910
For being late.
446
00:25:32,210 --> 00:25:33,210
Were you late?
447
00:25:33,350 --> 00:25:37,630
No, I wasn't. In 17 years of working
there, I was never late.
448
00:25:39,030 --> 00:25:40,770
I'll make something of a point of that.
449
00:25:42,690 --> 00:25:48,810
I figure out how long it's going to take
me to get from point A to point B.
450
00:25:49,230 --> 00:25:55,050
I allow for traffic, I allow for
weather, and as a result of that, I'm
451
00:25:55,050 --> 00:25:57,090
time. Then why were you written up?
452
00:25:57,440 --> 00:26:01,780
Because the pipe broke in one of the
restrooms. As a result of that, they
453
00:26:01,780 --> 00:26:03,680
the entrance I was accustomed to using.
454
00:26:04,600 --> 00:26:09,380
As a result of that, I had to go around
half the circumference of the building
455
00:26:09,380 --> 00:26:15,280
to get in. As a result of that, I was,
in fact, late in punching in,
456
00:26:15,460 --> 00:26:18,720
but I was not late in getting to work.
457
00:26:19,060 --> 00:26:23,920
How late were you in punching in? Ten
minutes late, which I know seems trivial
458
00:26:23,920 --> 00:26:24,920
to many people.
459
00:26:25,130 --> 00:26:27,610
But the rule was you had to be on time.
460
00:26:28,290 --> 00:26:29,990
And I have no quarrel with that rule.
461
00:26:31,770 --> 00:26:36,150
In this instance, however, it wasn't my
fault.
462
00:26:36,390 --> 00:26:38,530
Did you say that? I said it repeatedly.
463
00:26:40,150 --> 00:26:41,550
I put it in writing.
464
00:26:42,430 --> 00:26:46,690
I wanted that lateness notation expunged
from my record.
465
00:26:46,990 --> 00:26:48,210
And were they willing to do that?
466
00:26:48,410 --> 00:26:49,410
No.
467
00:26:49,850 --> 00:26:50,850
They weren't.
468
00:26:52,520 --> 00:26:57,480
And because I was unwilling to let it
go, I was disciplined.
469
00:26:58,440 --> 00:26:59,580
How were you disciplined?
470
00:27:00,020 --> 00:27:02,180
I was told to watch the scale.
471
00:27:03,000 --> 00:27:06,520
They'd bring packages over to weigh
them, and I would see how much they
472
00:27:06,800 --> 00:27:11,180
There were yellow lines painted on the
floor, and I was told to stay inside
473
00:27:11,180 --> 00:27:12,720
those lines my entire shift.
474
00:27:13,120 --> 00:27:19,100
I was permitted out for lunch, for two
ten -minute breaks, and if I had to go
475
00:27:19,100 --> 00:27:20,680
the bathroom and ask permission to go.
476
00:27:21,230 --> 00:27:23,630
Why did you bring a gun to work, Mr.
Whelan?
477
00:27:24,130 --> 00:27:29,650
Because I felt as though I had been
unfairly treated.
478
00:27:31,810 --> 00:27:33,270
And maybe I made too much of that.
479
00:27:34,110 --> 00:27:36,830
I did make too much of it.
480
00:27:39,990 --> 00:27:41,090
I know, Mr.
481
00:27:41,290 --> 00:27:44,110
Daggett, that you had a lot more on your
mind than my excuses.
482
00:27:44,570 --> 00:27:46,730
If I was late, I was late, period.
483
00:27:47,670 --> 00:27:50,050
But now that I have your ear, sir,
484
00:27:51,190 --> 00:27:52,790
There's something else I'd like to say.
485
00:27:53,350 --> 00:27:58,570
If you could find it in your heart to
give me my job back, you'd never have to
486
00:27:58,570 --> 00:28:00,070
worry about my being late again.
487
00:28:01,430 --> 00:28:02,430
That's a promise.
488
00:28:10,630 --> 00:28:13,150
Benny, you need to tell us what's going
on.
489
00:28:13,550 --> 00:28:14,550
What do you mean?
490
00:28:14,630 --> 00:28:16,970
We understand that your friend Dominic
took you to Las Vegas.
491
00:28:17,310 --> 00:28:18,690
Yeah. Who paid?
492
00:28:19,630 --> 00:28:20,630
I did.
493
00:28:20,640 --> 00:28:22,000
I think we've got to take some action
here.
494
00:28:22,680 --> 00:28:23,659
What do you mean?
495
00:28:23,660 --> 00:28:26,240
What do I mean? How much did you spend
to go to Las Vegas, Benny?
496
00:28:26,580 --> 00:28:30,880
Oh, airplane tickets were $387.
497
00:28:31,260 --> 00:28:34,440
Wait a second. You paid for his ticket
as well as your own? Uh -huh. What else
498
00:28:34,440 --> 00:28:35,419
did you pay for?
499
00:28:35,420 --> 00:28:37,440
Well, I paid for chips. How much?
500
00:28:38,460 --> 00:28:41,420
$500 worth. Can we get protective order?
We can certainly try.
501
00:28:42,040 --> 00:28:43,360
What happened after you bought the
chips?
502
00:28:43,820 --> 00:28:45,520
Dominic played this dice game they have.
503
00:28:45,960 --> 00:28:48,600
If you throw the dice and get a seven,
you win.
504
00:28:48,960 --> 00:28:52,100
Or if you get another number and then
you get it again, you win.
505
00:28:52,340 --> 00:28:56,100
Or if you put a chip down on a square
and somebody else is throwing the dice.
506
00:28:56,100 --> 00:28:58,260
Yes, we know. It's called craps. We know
what the game is.
507
00:28:58,460 --> 00:28:59,840
Dominic let me throw the dice.
508
00:29:00,240 --> 00:29:01,240
And we kept winning.
509
00:29:01,900 --> 00:29:04,260
And the man kept giving us more and more
chips.
510
00:29:04,460 --> 00:29:05,299
Then what happened?
511
00:29:05,300 --> 00:29:07,840
Then we went and played blackjack where
you got to get 21.
512
00:29:08,260 --> 00:29:10,960
And then the man kept giving us more and
more chips.
513
00:29:11,800 --> 00:29:15,920
And then I went over to the slot
machines, and I kept putting quarters in
514
00:29:15,920 --> 00:29:17,800
$50 and quarters came out.
515
00:29:18,020 --> 00:29:20,740
Benny, how much money did you have when
you got there?
516
00:29:22,040 --> 00:29:24,700
$620. How much money did you have when
you left?
517
00:29:25,400 --> 00:29:26,480
$3 .75.
518
00:29:27,880 --> 00:29:29,740
We had to take the bus home from the
airport.
519
00:29:30,180 --> 00:29:31,300
I don't get it, Benno.
520
00:29:31,620 --> 00:29:34,580
You're a thrifty guy. You're smart with
money. Why are you doing this?
521
00:29:34,780 --> 00:29:35,860
It was fun, Arnie.
522
00:29:36,920 --> 00:29:38,460
We saw Siegfried and Roy.
523
00:29:42,700 --> 00:29:45,320
He's got the complete Santa Cruz series.
524
00:29:46,880 --> 00:29:49,260
The Svenborg bestiality plates.
525
00:29:50,660 --> 00:29:52,500
These are very rare editions.
526
00:29:53,220 --> 00:29:55,620
Oh, how long is this going to take,
Arnold?
527
00:29:55,820 --> 00:30:00,780
What I find most remarkable is the
scholarliness and the discipline
528
00:30:00,780 --> 00:30:01,780
this collection.
529
00:30:02,500 --> 00:30:04,760
Most collectors collect along the line
of fetishes.
530
00:30:05,060 --> 00:30:08,160
This gentleman's approach was
historical.
531
00:30:08,800 --> 00:30:11,060
There are pieces from Nazi Germany.
532
00:30:12,560 --> 00:30:18,620
There's a wonderful soft core section
from the 50s with those zebra combs of
533
00:30:18,620 --> 00:30:22,620
women posing with garden hoses and
guitars.
534
00:30:23,200 --> 00:30:24,200
Arnold.
535
00:30:24,440 --> 00:30:28,220
There's the quote -unquote free love
hippie years.
536
00:30:28,500 --> 00:30:30,080
The Chicago school.
537
00:30:30,800 --> 00:30:36,820
The so -called existential nymphomania
period represented like I've never seen
538
00:30:36,820 --> 00:30:37,820
it represented before.
539
00:30:37,960 --> 00:30:39,000
I take it that you're interested.
540
00:30:39,260 --> 00:30:40,260
Oh, my God.
541
00:30:44,200 --> 00:30:47,300
Correct me if I'm wrong, Leland. I think
what we're interested in doing here is
542
00:30:47,300 --> 00:30:48,600
selling the entire collection.
543
00:30:48,820 --> 00:30:51,880
Absolutely. Arnold, you don't break up a
collection like this.
544
00:30:52,460 --> 00:30:56,840
I mean, even if I wanted to, what
wouldn't I take?
545
00:30:57,640 --> 00:30:59,100
The 8mm reels?
546
00:30:59,480 --> 00:31:00,480
How much, yeah.
547
00:31:00,540 --> 00:31:01,540
All right.
548
00:31:02,860 --> 00:31:09,520
I can give you a check right now for...
$50 ,000.
549
00:31:11,300 --> 00:31:12,420
Mr. Tobias.
550
00:31:13,860 --> 00:31:15,240
We know what we've got here.
551
00:31:16,260 --> 00:31:20,480
We know what the Svenborg bestiality
plates alone are worth. Now, out of
552
00:31:20,480 --> 00:31:24,280
consideration to Arnold, I'm showing you
the collection before I show it to
553
00:31:24,280 --> 00:31:27,760
anyone else. But I'm not willing and I'm
not able, as an executor of the estate,
554
00:31:28,020 --> 00:31:29,580
to make any concessions on price.
555
00:31:29,780 --> 00:31:32,020
You think you can do better than $50
,000?
556
00:31:32,380 --> 00:31:36,560
Yes, I do. I've already got a call from
a Japanese collector willing to buy the
557
00:31:36,560 --> 00:31:38,000
entire collection, sight unseen.
558
00:31:40,320 --> 00:31:43,640
Well, I am not letting this fall by the
wayside because I wanted to save a buck.
559
00:31:43,800 --> 00:31:47,900
An opportunity like this comes along
once in a lifetime, and I am not about
560
00:31:47,900 --> 00:31:49,000
let it pass me by.
561
00:31:52,700 --> 00:31:54,060
I want this collection.
562
00:31:56,080 --> 00:31:57,380
How much do you want it?
563
00:32:00,240 --> 00:32:03,340
I want it very much.
564
00:32:08,430 --> 00:32:11,430
Do you want to tell me what it was you
were thinking about when you fobbed off
565
00:32:11,430 --> 00:32:13,510
your responsibility for this appeal on
Gwen?
566
00:32:13,830 --> 00:32:17,370
What do you mean? I mean that Gwen's not
a lawyer, Melina. She's not authorized
567
00:32:17,370 --> 00:32:20,650
by either the state of California or
this firm to practice law.
568
00:32:20,950 --> 00:32:22,210
I asked her to assist me.
569
00:32:22,410 --> 00:32:24,510
She called the general counsel's office.
570
00:32:24,930 --> 00:32:25,930
For what?
571
00:32:25,960 --> 00:32:28,040
He spoke to one of their bank's senior
attorneys.
572
00:32:28,300 --> 00:32:31,580
So what? Did it ever occur to you that
the bank's attorneys, like most
573
00:32:31,580 --> 00:32:35,060
attorneys, don't appreciate having their
time taken up explaining the fine
574
00:32:35,060 --> 00:32:38,780
points of an appellate brief to someone
who is themselves not an attorney?
575
00:32:38,980 --> 00:32:41,680
Were the questions, Gwen, a stupid
question?
576
00:32:41,900 --> 00:32:43,200
I don't think that's the least bit
relevant.
577
00:32:43,400 --> 00:32:45,520
You had no business bringing her into
that case.
578
00:32:45,800 --> 00:32:50,780
Look, I am doing what I have to do to
manage my workload. If she screwed up, I
579
00:32:50,780 --> 00:32:53,400
would take responsibility for that. She
didn't screw up.
580
00:32:53,740 --> 00:32:58,400
She just violated what you and some
other pompous lawyer with a pole up his
581
00:32:58,400 --> 00:33:01,020
regard as an inviolate caste system.
582
00:33:01,440 --> 00:33:04,780
And for that, you're in here wasting
what precious few moments I have left in
583
00:33:04,780 --> 00:33:08,360
which to prepare to go to court. Now,
you listen to me, Melina, and listen
584
00:33:08,500 --> 00:33:11,820
I wouldn't be in here if I hadn't gotten
a call from the bank's attorney, and I
585
00:33:11,820 --> 00:33:13,460
wouldn't have gotten that call if he
hadn't been unhappy.
586
00:33:13,780 --> 00:33:15,160
Now, you may think that's insignificant.
587
00:33:15,600 --> 00:33:16,660
Let me assure you.
588
00:33:16,920 --> 00:33:20,060
You're wrong. This bank represents what
could potentially be a substantial
589
00:33:20,060 --> 00:33:24,300
source of revenue for this firm. As the
managing partner, it's my responsibility
590
00:33:24,300 --> 00:33:28,140
to do everything in my power to make
sure that potential is realized,
591
00:33:28,140 --> 00:33:31,240
with making sure that their attorneys
are not unhappy.
592
00:33:31,820 --> 00:33:35,540
Now, if you can't assure me of that, let
me know, and I'll give this case to
593
00:33:35,540 --> 00:33:39,280
someone else. Douglas, I have been
working till 10 o 'clock every night for
594
00:33:39,280 --> 00:33:41,400
weeks. I haven't had a day off in over a
month.
595
00:33:42,800 --> 00:33:44,600
Maybe you should give this to somebody
else.
596
00:33:44,860 --> 00:33:45,860
Done.
597
00:33:53,940 --> 00:33:58,840
It's always difficult to understand a
tragedy, to try and make sense out of
598
00:33:58,840 --> 00:33:59,840
senseless.
599
00:34:00,080 --> 00:34:02,840
An innocent woman dies and we all
grieve.
600
00:34:03,940 --> 00:34:06,960
Unfortunately, random violence is part
of society.
601
00:34:07,760 --> 00:34:11,560
A day doesn't go by that we don't read
about another murder, another shooting.
602
00:34:12,480 --> 00:34:16,540
Is the post office a demanding, high
-stress environment in which to work?
603
00:34:17,139 --> 00:34:22,310
Undoubtedly. Is there a connection
between violence and the working
604
00:34:22,310 --> 00:34:23,310
at the post office?
605
00:34:24,010 --> 00:34:25,110
We have no idea.
606
00:34:25,350 --> 00:34:29,690
The only issue here, ladies and
gentlemen, is did the management at the
607
00:34:29,690 --> 00:34:33,449
Northfield Postal Facility cause George
Whelan to do what he did?
608
00:34:34,670 --> 00:34:38,250
All of us, in varying degrees, are under
stress.
609
00:34:38,790 --> 00:34:42,550
Punching a time clock, pleasing your
boss, those are stressful things.
610
00:34:42,969 --> 00:34:46,590
Most of us, however, don't take a gun to
work and start shooting, and none of
611
00:34:46,590 --> 00:34:50,710
us, if we did so, would be entitled to
hold our employers responsible.
612
00:34:51,590 --> 00:34:56,830
While it may be comforting to believe
that a dangerous individual can somehow
613
00:34:56,830 --> 00:35:02,910
singled out, somehow be stopped, the
truth is that no one knows how to do
614
00:35:05,010 --> 00:35:08,490
Does the post office regret that Tina
McAllister was killed?
615
00:35:08,830 --> 00:35:12,690
Absolutely. But are they in any way to
blame for her death?
616
00:35:14,410 --> 00:35:15,410
Absolutely not.
617
00:35:20,560 --> 00:35:21,880
The defense counsel's right.
618
00:35:23,500 --> 00:35:25,120
We all have stress.
619
00:35:26,340 --> 00:35:29,780
If we work for a living, we depend on
our boss's approval.
620
00:35:31,260 --> 00:35:36,140
We need our paychecks, and we want to do
a good job, and so we're vulnerable.
621
00:35:37,000 --> 00:35:41,160
We're vulnerable to our boss's whims, to
their moods, to the pressures that
622
00:35:41,160 --> 00:35:42,160
they're under themselves.
623
00:35:42,780 --> 00:35:45,440
There are some bosses who are reasonable
and fair.
624
00:35:46,110 --> 00:35:50,290
And there are some who are petty and
abusive and cruel, and they get away
625
00:35:50,290 --> 00:35:53,330
being like that because the people who
work for them need their jobs.
626
00:35:54,490 --> 00:35:58,250
I would maintain that the Postal Service
is one such employer and that Richard
627
00:35:58,250 --> 00:35:59,850
Daggett is one such supervisor.
628
00:36:00,850 --> 00:36:04,870
I would maintain that when a worker
becomes violent after having been
629
00:36:04,870 --> 00:36:08,450
hounded and humiliated, it's self
-evident why he's done so.
630
00:36:08,870 --> 00:36:11,470
Grown men and women should not be
treated like children.
631
00:36:11,920 --> 00:36:15,120
should not have to ask permission to go
to the bathroom or be expected to
632
00:36:15,120 --> 00:36:16,300
perform like robots.
633
00:36:16,980 --> 00:36:20,780
Heightened efficiency is no
justification for the systematic
634
00:36:20,780 --> 00:36:21,780
human being.
635
00:36:22,180 --> 00:36:24,120
And that's what was done to George
Whelan.
636
00:36:25,020 --> 00:36:27,760
And that's why Brian McAllister's wife
is dead.
637
00:36:29,480 --> 00:36:34,140
The Postal Service is to blame, and it's
only fitting and proper that they be
638
00:36:34,140 --> 00:36:35,140
made to pay.
639
00:36:54,220 --> 00:36:56,220
I've gotten an appraisal on the stamp
collection.
640
00:36:57,940 --> 00:36:58,940
Please.
641
00:36:59,400 --> 00:37:02,720
And? It's worth close to $80 ,000.
642
00:37:04,000 --> 00:37:08,080
Well, I guess that settles that
question. There's no way I can persuade
643
00:37:08,080 --> 00:37:10,740
to sell Dad's stamp collection. Sure
there is. You can give me $40 ,000.
644
00:37:11,060 --> 00:37:12,500
Now, there may be another solution.
645
00:37:13,520 --> 00:37:18,900
Within your father's collection, I found
some other items that have considerable
646
00:37:18,900 --> 00:37:20,540
value. You mean not stamps?
647
00:37:20,940 --> 00:37:22,140
Right. Not stamps.
648
00:37:25,070 --> 00:37:26,070
What did you find?
649
00:37:26,310 --> 00:37:33,070
Oh, well, I found some men's magazines
and
650
00:37:33,070 --> 00:37:37,310
some film, and I found pornography.
651
00:37:39,090 --> 00:37:44,090
That didn't belong to my father. When
you say pornography, how much
652
00:37:44,090 --> 00:37:45,090
are you talking about?
653
00:37:45,130 --> 00:37:46,770
$110 ,000 worth.
654
00:37:48,770 --> 00:37:52,870
I don't believe that. You actually have
someone willing to pay that much?
655
00:37:53,070 --> 00:37:54,070
Yes, yes, I do.
656
00:37:54,140 --> 00:37:55,900
How many dirty magazines did the old man
have?
657
00:37:56,180 --> 00:37:57,220
Well, there's quite a few.
658
00:37:57,500 --> 00:37:58,640
I think I'm going to be sick.
659
00:37:58,860 --> 00:38:02,860
Well, let me suggest that what it does
allow you to do is keep the stamp
660
00:38:02,860 --> 00:38:06,540
collection and sell the pornography and
split the difference between the value
661
00:38:06,540 --> 00:38:09,160
of the two. I don't want to have
anything from the sale of his
662
00:38:09,500 --> 00:38:11,360
Well, you are entitled to it. I don't
want it.
663
00:38:12,080 --> 00:38:14,060
That's what he was doing in his studies?
664
00:38:14,280 --> 00:38:17,520
It's not like that's all he was doing. I
have to get out of here.
665
00:38:18,140 --> 00:38:21,260
Well, we're supposed to sit down with
your mother today and let her know what
666
00:38:21,260 --> 00:38:22,460
we're going to do. It's fine.
667
00:38:22,980 --> 00:38:25,120
Right now, I just have to be by myself.
668
00:38:25,340 --> 00:38:26,340
Judith, come on.
669
00:38:29,500 --> 00:38:31,820
He spent part of the time on his stamp
collection.
670
00:38:33,260 --> 00:38:34,260
Right?
671
00:38:35,120 --> 00:38:36,840
Yeah, yeah, well, yeah.
672
00:38:38,460 --> 00:38:41,900
The matter of McAllister versus the U
.S. Postal Service.
673
00:38:42,440 --> 00:38:43,920
Has the jury reached a verdict?
674
00:38:44,220 --> 00:38:45,420
We have, Your Honor. I'll see.
675
00:38:46,920 --> 00:38:50,340
We fine for the plaintiff and award
damages in the amount of $1 million.
676
00:38:51,300 --> 00:38:53,320
Jury is dismissed with the thanks of the
court.
677
00:38:53,860 --> 00:38:54,880
We are adjourned.
678
00:38:59,460 --> 00:39:00,460
We won.
679
00:39:01,920 --> 00:39:03,220
So now they appeal, right?
680
00:39:03,480 --> 00:39:04,780
Either that or offer to settle.
681
00:39:05,000 --> 00:39:06,000
Forget about that.
682
00:39:06,040 --> 00:39:09,460
Well, let's just see what the offer is.
They can keep us in appeals for years.
683
00:39:09,740 --> 00:39:10,618
Let them.
684
00:39:10,620 --> 00:39:11,740
Don't you want the money, Brian?
685
00:39:12,020 --> 00:39:13,020
Not if it means capitulation.
686
00:39:13,740 --> 00:39:16,780
It doesn't mean that. It just means that
you've made a rational decision to get
687
00:39:16,780 --> 00:39:20,520
on with your life. Don't use that
expression with me, all right? The life
688
00:39:20,520 --> 00:39:21,419
is over.
689
00:39:21,420 --> 00:39:22,740
The woman I loved is dead.
690
00:39:23,440 --> 00:39:25,940
There's nothing more important to me
right now than taking on the people who
691
00:39:25,940 --> 00:39:26,940
killed her.
692
00:39:27,900 --> 00:39:28,900
Come here.
693
00:39:30,260 --> 00:39:31,480
Come on. Come sit down.
694
00:39:35,220 --> 00:39:38,200
Now, you can tell me to mind my own
business, but I disagree.
695
00:39:39,180 --> 00:39:42,100
Because you've got two kids to bring up,
and that's a lot more important.
696
00:39:43,210 --> 00:39:47,550
And you can come away from this with
enough money to make a difference and be
697
00:39:47,550 --> 00:39:48,550
done with it.
698
00:39:48,590 --> 00:39:50,050
I don't think I want to be done with
this.
699
00:39:51,230 --> 00:39:54,330
I think it'd be best for all involved if
this thing just dragged on as long as
700
00:39:54,330 --> 00:39:55,330
possible.
701
00:39:55,630 --> 00:39:56,630
Why?
702
00:39:58,290 --> 00:40:01,070
Because I don't know how much difference
there is between me and George Whelan.
703
00:40:02,470 --> 00:40:06,330
When this case is over, I just might
kill someone too.
704
00:40:25,230 --> 00:40:26,209
How are you feeling?
705
00:40:26,210 --> 00:40:27,870
I'm still in a state of shock.
706
00:40:28,790 --> 00:40:30,570
He was a human being, Judith.
707
00:40:31,550 --> 00:40:32,550
He had flaws.
708
00:40:32,830 --> 00:40:34,570
In my book, this was a little more than
a flaw.
709
00:40:34,870 --> 00:40:37,570
That didn't stop him from being a good
father now, did it?
710
00:40:37,850 --> 00:40:38,850
I don't know.
711
00:40:40,010 --> 00:40:41,010
Yes, you do.
712
00:40:41,370 --> 00:40:43,110
You know the kind of father he was.
713
00:40:43,390 --> 00:40:45,350
This makes me think of him differently,
Frank.
714
00:40:45,590 --> 00:40:49,490
He wasn't this kindly white -haired man
in a cardigan sweater working on his
715
00:40:49,490 --> 00:40:50,490
stamp collection.
716
00:40:51,070 --> 00:40:54,430
He was an obsessive sicko pawing through
dirty pictures.
717
00:40:54,670 --> 00:40:57,690
No, no. I haven't said anything about
this to your mother.
718
00:40:57,930 --> 00:41:01,250
Oh, my God. I would hope not. No, no,
no. She shouldn't know anything about
719
00:41:01,310 --> 00:41:06,030
It would kill her. I mean, however
disconcerting this is to us, we could
720
00:41:06,030 --> 00:41:08,910
deal with it a hell of a lot better than
she could. So we won't say anything?
721
00:41:09,310 --> 00:41:10,630
Nothing. Hello, children.
722
00:41:11,190 --> 00:41:12,810
Hi, Mom. Hi, Mom. Well,
723
00:41:13,870 --> 00:41:15,850
have you kids worked out your
differences?
724
00:41:16,730 --> 00:41:17,649
Yes, Mom.
725
00:41:17,650 --> 00:41:18,569
We have.
726
00:41:18,570 --> 00:41:22,550
Good. I think the last thing your father
wanted was for something like his stamp
727
00:41:22,550 --> 00:41:24,770
collection to have driven the two of you
apart.
728
00:41:26,090 --> 00:41:29,510
By the way, did you ever find his dirty
magazines?
729
00:41:36,230 --> 00:41:37,810
So you know, Mr. Newsy.
730
00:41:38,330 --> 00:41:40,210
We take an interest in Benny Stelowitz's
welfare.
731
00:41:40,490 --> 00:41:42,470
Lester, you're about to tell us that
it's none of our business.
732
00:41:42,790 --> 00:41:45,270
Right, because we maintain it's very
much our business.
733
00:41:45,490 --> 00:41:48,290
In addition to being Benny's employers,
we also administer his trust.
734
00:41:48,590 --> 00:41:51,370
Now, if need be, we can march into court
and get control of all of Benny's
735
00:41:51,370 --> 00:41:54,630
assets, as well as a protective order
against you personally.
736
00:41:54,890 --> 00:41:58,270
And while we'd rather not do that, the
next time we find out you're taking
737
00:41:58,270 --> 00:42:00,450
from him, that's exactly what we'll do.
738
00:42:01,570 --> 00:42:02,570
Are you done?
739
00:42:03,770 --> 00:42:07,400
Yeah. Good. Let me set you straight
about something. I'm not afraid of you,
740
00:42:07,400 --> 00:42:08,580
right? That's for openers.
741
00:42:08,780 --> 00:42:11,540
Ben Stulwitz and I have our own
arrangement. That arrangement doesn't
742
00:42:11,540 --> 00:42:12,840
anything to do with you.
743
00:42:13,240 --> 00:42:16,760
You're taking advantage of someone who
is mentally retarded. So far as I'm
744
00:42:16,760 --> 00:42:18,400
concerned, I'm not taking advantage of
anyone.
745
00:42:18,660 --> 00:42:19,860
So happens Ben's an adult.
746
00:42:20,100 --> 00:42:21,100
A retarded adult.
747
00:42:21,280 --> 00:42:24,120
An adult, a grown man who doesn't have
to answer to you or anyone else about
748
00:42:24,120 --> 00:42:26,900
he spends his money. You're the one
who's got to answer for it, Dominic.
749
00:42:27,920 --> 00:42:31,400
Either of you ever take Ben to Vegas?
That's not really the point. I think it
750
00:42:31,400 --> 00:42:34,240
the point. The fact that we're 45
minutes from the greatest spectacle in
751
00:42:34,240 --> 00:42:37,360
Western world, and before I took him,
he'd never been, that's exactly the
752
00:42:37,460 --> 00:42:40,800
Believe it or not, Benny has never
expressed any interest in Las Vegas.
753
00:42:40,860 --> 00:42:44,180
that's sadder still, because I'll tell
you what. He's real interested in going
754
00:42:44,180 --> 00:42:47,900
back. He saw life. He saw action. He saw
Siegfried and Roy, okay?
755
00:42:48,120 --> 00:42:50,840
He saw white tigers appear and disappear
on command.
756
00:42:51,060 --> 00:42:54,540
Not much compares with that. And we're
supposed to ignore the fact that it's
757
00:42:54,540 --> 00:42:56,000
Benny who pays for everything?
758
00:42:56,480 --> 00:42:59,420
Hey, right now, he's the one who's got,
so he's the one that pays. When I'm the
759
00:42:59,420 --> 00:43:01,220
one that's got, I'm the one that pays.
760
00:43:02,040 --> 00:43:03,500
With me, Benny is Ben.
761
00:43:04,060 --> 00:43:08,500
He's not a retarded messenger boy. He's
a man. We do the things that men do. We
762
00:43:08,500 --> 00:43:12,000
go to the track. We go to Vegas because
we're men. We don't need your
763
00:43:12,000 --> 00:43:13,100
permission, your approval.
764
00:43:13,300 --> 00:43:15,440
You want to take me to court? Be my
guest.
765
00:43:16,980 --> 00:43:19,120
Dominic? Hey, Ben, how you doing?
766
00:43:20,580 --> 00:43:21,580
What's going on?
767
00:43:21,740 --> 00:43:22,880
We're just having a little...
768
00:43:23,529 --> 00:43:25,330
Hey, you guys getting to be friends?
769
00:43:25,590 --> 00:43:28,590
Absolutely. Maybe they could go to the
racetrack sometime.
770
00:43:28,970 --> 00:43:32,050
Yeah, I don't see why not. Hey, listen,
Ben, walk me out, will you? I gotta get
771
00:43:32,050 --> 00:43:33,050
going. Hey.
772
00:43:35,770 --> 00:43:38,010
So, we have a good time in Vegas or
what?
773
00:43:38,270 --> 00:43:39,410
We had a great time.
774
00:43:39,610 --> 00:43:42,690
Hey, next time we go, we go see Ann
-Margaret.
775
00:43:43,110 --> 00:43:46,190
Really? Oh, hey, she's only the most
beautiful woman in the face of the
776
00:43:46,550 --> 00:43:48,410
What, she should be there and we
wouldn't go see her?
777
00:43:48,850 --> 00:43:49,850
So we will go.
778
00:43:50,450 --> 00:43:51,450
That's what I'm saying.
779
00:44:00,360 --> 00:44:02,640
Are you going to bet on any horses
today, Dominic?
780
00:44:03,400 --> 00:44:04,400
I don't know yet.
781
00:44:04,820 --> 00:44:07,060
I went to the bank and I got money.
782
00:44:07,440 --> 00:44:08,440
Here.
783
00:44:09,460 --> 00:44:10,460
Give me.
784
00:44:11,300 --> 00:44:14,240
How many times have I told you not to
keep your money in a wallet?
785
00:44:14,500 --> 00:44:15,500
I forgot.
786
00:44:15,780 --> 00:44:17,500
Farmers keep their money in wallets.
787
00:44:17,840 --> 00:44:20,200
Anyone that's hip keeps their money in
their pants pocket.
788
00:44:20,660 --> 00:44:21,680
Look at this mess.
789
00:44:21,940 --> 00:44:22,940
Look.
790
00:44:23,040 --> 00:44:25,220
All right. I'm going to tell you this
one more time.
791
00:44:25,720 --> 00:44:27,680
Bills. Right side up.
792
00:44:28,360 --> 00:44:32,140
Okay? Larger denominations on the
bottom. Smaller denominations on the
793
00:44:32,380 --> 00:44:36,440
Fold it in the middle. And when you pay
out, you always peel them off towards
794
00:44:36,440 --> 00:44:39,400
you. Not towards the other guy. Towards
you.
795
00:44:39,680 --> 00:44:40,980
Huh? Okay.
796
00:44:41,200 --> 00:44:43,140
Trying to teach you something here. I
know.
797
00:44:45,520 --> 00:44:46,520
Here.
798
00:44:47,180 --> 00:44:48,960
Don't you want any money to bet with?
799
00:44:49,340 --> 00:44:50,840
No. You sure?
800
00:44:51,820 --> 00:44:52,820
Yeah.
801
00:44:54,660 --> 00:44:56,200
I'll see you at DuPars tonight?
802
00:45:00,079 --> 00:45:01,600
Hey, I gotta eat supper, right?
66433
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