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I'm sorry, everybody. I just got hung up in traffic.
This is going to be a very short meeting, Seth.
Why do you say that?
Because I don't think we have anything to talk about. The fact is we have a
great deal to talk about.
What remains an open question is whether or not my husband is willing to do so.
What he's not willing to do is roll over and play dead.
You're perfectly willing to talk, am I right, Carl?
I'm sorry I was visualizing a ten -sided figure.
Let's just look at the issues, Arnie. Now, Andrea wants the apartment.
It was Carl's place before they got married. Who doesn't make it his in
perpetuity? She decorated that apartment. She's developed an attachment
apartment. Well, then we have a real problem here because he doesn't want to
relinquish the place. The apartment is where I do my best thinking. Which may
sound as somewhat less than a ringing endorsement. Let's not get started here.
I know that in your eyes...
It could never measure up to Ivan Goodpaster's thinking.
That's right, it doesn't. You know, I don't think that we're going to settle
this case, Seth. Maybe we should move on to depositions.
Okay.
This is so upsetting to me. I'm sitting here, and I'm trying to think of the
first hundred digits of pi, and I'm drawing a total blank.
Before you decide to drag this out, Mr. Becker, just keep in mind, if we do go
to court...
I will be forced to describe in excruciating detail what it's like to
from becoming even more dysfunctional than he already is. I don't want to go
court, Andrea. Believe me.
I'm just following the advice of my attorney.
What do you mean? Is he in charge or are you in charge?
He is.
Well, I think we're done for today.
You're a sniveling little toad.
Do you know how many anagrams you can find in the word sniveling? No, I don't,
Carl.
Would you believe that there are at least 25?
We have a lot of ground to cover today.
Lunch is arriving shortly.
I suggest we get started.
Hicks versus Rossoff.
Mathematicians divorcing were representing the husband. The wife is
the moon. We're in the middle of depositions. I'm expecting to go to
Office warehouse versus Barbera. Technically, it's a shareholder's
action. But in fact, the board of directors is trying to force Jack
Do they have grounds? Not as far as I'm concerned.
But more importantly, they don't have the votes.
Jack and his son control 60 % of the stuff.
Lunch is here.
Ah, glad to hear it. I'm starved.
Thank you, Dolores.
If any of these are wrong, let me know.
People versus Barkwell.
Sam Barkwell was hired by two men to take the mountain climbing.
One of the two was injured. The three got snowed in.
Sam and Richard Visser killed the injured guy, but then was in a coma, and
cannibalized them.
God, that's horrible.
I can tell you that neither Barkwell nor Vista will ever be the same.
How could they be?
One cannibal says to the other cannibal, my wife made a great pot roast.
I'm going to miss her.
Arnold. In that lunch has arrived, I think we should probably change the
of conversation. I agree with that.
I just hope there are no ribs in there. Oh, very cheeky, very cheeky. What's the
big deal? They're vegetarians and they're humanitarian.
Donner, party of 12.
One cannibal says to another, I hate my in -laws. The other says, so? Eat the
noodles. Gee.
This is going to be a tough fight, Jack.
The board of directors would like very much to get rid of you. Can they beat us
in court?
Well, no, but... Is it possible that we could avoid a war with the board?
How are we going to avoid a war? They want me out. Dad, it's not a matter of
wanting you out. They just don't want you to make any other acquisitions right
now. I didn't build a business by listening to a board of directors.
I did it by keeping my eyes open and knowing when to move. Now, if I can't
a decision and then act on it, tell them I'm wasting my time for. Here you go.
Thank you, dear. You're welcome.
Would you like me to pursue settlement discussions with their attorneys?
You'd just be wasting your time. Excuse me.
I'll be right back.
I need four copies of each and I have to serve them at five o 'clock. Sorry.
Oh, it's okay.
At least the copier's better here than it is in New York. Oh, what kind of
copier do you have?
I don't know what kind it is, to be honest with you.
Hi. Hi.
The reason I ask is that I'm in office supplies.
Oh, yeah?
Denise, thanks.
Sure. Yeah, office warehouse?
Oh, yeah. Yeah, that's me.
It's a family business, but it's my family.
Uh, if you'll excuse me, I have to make copies.
The
good
news is Mulaney's dropping the second -degree murder charges.
The bad news is he's not dropping voluntary manslaughter.
Not exactly a surprise.
I guess we better gather our things and head for court.
I'm going to ask the question one more time.
Are you sure you want a joint trial?
Yes. I was the leader. You're more sympathetic than I am. A joint trial
more than it does you. I don't care. I think we should stand together.
If it hadn't been for you, I'd have also died on that mountain. Now let's just
do it this way.
Let's go.
Did you have occasion to examine the body of one... Von Alner.
Yes, I did. I retrieved the remains of Mr. Alner from right below the summit of
Mount Goddard. Would you describe the condition of the body for us? A leg had
been dismembered from it, and the tissue had been removed from the leg. In
addition, the abdominal cavity had been opened, and the liver had been removed.
What did you determine was the cause of death, Doctor?
Patechial hemorrhages in both eyes indicated that the cause of death was
suffocation. Would said cause of death be consonant with the deceased having
been smothered? Objection.
Overruled? Yes, it would.
Several bruises around the mouth indicate that the deceased was in fact
smothered. No further questions.
Did you find evidence the deceased had any head trauma prior to his death?
I found evidence of a subdural hematoma.
That's a blood clot.
I estimated it occurred some two weeks prior to his death.
Two weeks.
How long do you estimate it would have been before that led to Mr. Allner's
death? I have no way of knowing that. Was the deceased suffering from
hypothermia at the time of his death?
Yes, he was. Severe hypothermia.
Would you describe the nature of hypothermia?
Uncontrollable shivering, circulation is cut off to the extremities,
dehydration, loss of blood to the brain.
How long before that would have killed him? I have no way of knowing that
either. Would you have any way of knowing whether or not it would have
possible for Vaughn Elner to have gotten off that mountain alive?
I assume there's always that possibility, Mr. Levinson.
Have you seen the medical reports regarding a defendant's doctor?
Yes, I have.
Is it not the case that they were both suffering from hypothermia?
frostbite, and malnutrition at the time they were found. Yes, that is the case.
Would you have any way of knowing if they would have survived had they not
killed Mr. Alner?
No, I would not.
I have no further questions.
You're a mathematician, is that right, Ms. Rothau?
Yes, I am. And your husband is also a mathematician?
Yes, he is. He's a brilliant mathematician.
I didn't know that I'd characterize myself as brilliant.
Oh, don't be modest with me, Carl. I've heard your exegesis on Uhlenbeck.
That was when we first met.
Yes, it was.
Arnie, can we keep going here? We were talking about how a coffee cup and a
donut were topologically identical when you reached over and touched my hand. We
really have to do this now, Carl.
Okay.
In the period of time during which you were married, did you and your husband
ever work together?
We worked together while we were married. We also worked together before
married. Would it be fair to say that his work on simplex algorithms and
polyhedral shapes... Poly...
Hedral shapes. Would it be fair to say that his precedes yours? What's the
relevance of that? Well, my client doesn't want your client publishing
based on work that was his before they were married. What are you saying? His
work on curved ellipsoids, quadratic forms, on the deformation of spherical
objects, and on K derivatives remains his.
You can't be serious.
Are you familiar with an individual by the name of Ivan Goodpaster?
Objection. Irrelevant.
I don't mind talking about Ivan, Seth. What is the nature of your relationship
with Mr. Goodpaster?
Ivan and I have a sexual relationship.
It is ongoing at the present time.
Yes, it is.
Have you and Mr.
Goodpastor engaged in any joint research project?
All right. Now, I'm instructing her not to answer, Arnie. What she and a third
party of her choosing elect to engage in is irrelevant to these proceedings. If
she is using her husband's work to help Ivan with his dissertation, it is highly
relevant, Seth.
What makes you think the work we're using isn't work I've done when I've
with Ivan?
Why are you doing this to me, Andrea? Why am I doing this to you? Let me see.
Could it be that your obsession with gold box conjecture forced me to live in
environment that, intellectually at least, can only be described as
I'd really like to get on with the deposition, if I might. You really
been a very good husband to me, Carl.
You refused to publish any papers that might have listed me as co -author.
Those papers weren't ready to be published.
The findings are trivial.
And you completely ignored me sexually. Well, maybe your little fling with Ivan
Goodpast had something to do with that. Well, if you think I'm going to wear a
scarlet letter, think again. I'm ashamed of nothing.
Go ahead, Mr. Becker. Ask me another question.
Uh, here you go. Thank you.
Do you know you're a beautiful girl?
Anybody ever tell you that? Of course they do.
Thank you.
Can I ask you a crazy question?
Sure. What are you doing for lunch?
Nothing. Oh. Can I take you?
Yeah, why not?
So?
We're gonna go out and grab a quick bite.
You too?
Yeah, you wanna come?
No, thanks.
Well, can we bring you back something?
No, thanks.
Okay.
Mr. Goodpaster, could you please tell us when you and Miss Rossoff became
romantically involved?
It was March 2nd, 1991.
What day of the week, Carl?
I'm not thinking about what day of the week it was, Ivan.
What day of the week was it?
It was a Saturday.
Could we move on? Would you please stop doing that?
I wasn't aware it was bothering anyone.
Did you and Miss Rosoff ever go away together?
Yes, we did. As a matter of fact, starting in March of 1991, you went away
regularly, did you not? As regularly as was possible.
You attended a symposium together at the Institute for Advanced Studies in
Princeton, New Jersey. Who paid for that trip, Mr. Goodpaster?
In that I'm a graduate student, I make very little money.
Andrea paid for it. And you spent two weeks at a Holiday Inn in Rochester, New
York. Who paid for that, Mr. Goodpaster?
Andrea did. Arnie, are we going to dissect her entire American Express
Yes, we are.
She was spending marital assets on these trysts. Are you getting sexually
stimulated by the details, Carl?
Mr. Goodpaster, did you attend a Tetris convention in Ann Arbor, Michigan with
Miss Rossoff? Yes.
And would you tell us who paid for that? Stop.
I can't. This is too sick. I don't want to go any further with this.
All right, let's take a break.
We're fighting over sums of money.
That is exactly what we're doing, Carl.
All right, given what time it is, I think we should take a break for lunch,
that's all right with everybody.
Yeah, we can see you back here in an hour.
So where do you want to go eat?
Andrea, can I talk to you for a minute?
I'll be in the waiting area immediately adjacent to the elevator corridor.
I think we should make some serious attempt at reconciliation.
It's not going to happen, Carl.
I've been inattentive. I can correct that.
Let's try. Let's make an attempt.
I think your relationship with Ivan is just a passing infatuation.
It has nothing to do with Ivan, Carl.
You and I are fundamentally incompatible. We should just recognize
on. The truth is, there have been Ivans in my life since the second or third
year of our marriage.
There have?
You were guest lecturing in Toronto. I had an affair with Morton Kovno.
A short time after that, I had a brief affair with Paul Kritzelis.
After that, I had an affair with Michael Kostikian that ended just last year.
Arnie, drop the papers.
You can give her whatever she's asking for.
Carl, I can't do this anymore.
What was your husband's relationship with Samuel Barkwell, ma 'am? He and
Richard hired him. What did they hire him for? To take them into the
The three of them would sit in our living room and plan out expeditions.
Was your husband an experienced mountain climber? No, but my husband liked to
imagine that he could master anything that he set his mind to.
What was the nature of the trip your husband was killed on, Ms. Ulmer?
to the term killed.
Miss Guise, let's not quibble over semantics. The witness may answer the
question. They were to climb Mount Goddard.
It was supposed to be the more difficult approach.
It was also supposed to be a two -day trip.
Did you have a conversation with Mr. Barkwell prior to the trip?
Yes, I did. I told him that I was worried about my husband.
And how did he respond?
He said that he would get him back safe and sound.
I have nothing further.
Your husband, along with Richard Visser...
had been out rock climbing with Samuel Barkwell prior to this trip, had they
not? Yes, they had.
Did they not have a training regimen designed for them by Samuel Barkwell?
Yes, they did.
Did your husband follow that regimen?
Not as closely as he should have, I'm sure.
My husband worked 60 hours a week.
Do you ever witness a conversation in which Samuel Barkwell cautions your
husband against overestimating his abilities?
I witness conversations between the two of them all the time.
I listened as Samuel Barkwell convinced my husband to live out on the edge, to
take chances, to vent her out into that godforsaken wilderness in the middle of
the winter. Mrs. Ulmer.
How could you slaughter him like that, Richard?
You're the godfather to our son.
How could you kill him?
Susan,
please, just for one minute, can we talk to each other? No.
Can I just look you in the eye and tell you that I'm sorry? No, you can't. You
know, this wasn't planned, Susan. What happened to Vaughn could have easily
happened to me. You need for me to say that I know that?
Yes. You need me to say that neither one of you is to blame for what happened?
Yes, I need to hear you say that.
And I need for you to forgive me.
Richard, I don't care what you need.
Neither you nor he have the right to ask me anything.
You want forgiveness?
You get it somewhere else.
We were going up the mountain, and Vaughn lost his footing and he fell.
What did you do?
Sam climbed down to where he was, rigged up a harness, and we pulled him
back up to a place where we could all spend the night.
What was his condition?
I would say that he was semi -conscious at that point. He had sustained a
serious head wound.
What decision was made as to what to do with Mr. Allner?
Sam was going to go for help the next day, but a storm hit that we hadn't
counted on, and it made it impossible for him to get out.
So we built a snow cave, and we waited. How long did you wait in that cave?
22 days.
And every time Sam would try to get out, he would either run into an avalanche
or more bad weather, and he'd have to turn back.
What did you have to eat?
During that time, Mr. Visser? Some trail mix and some freeze -dried food.
You see, this was only supposed to be a two -day trip, so what we had, we made
last for eight days.
After that, we had nothing.
What happened to Mr. Aldner's condition during that time?
It got worse.
We fed him and we tried to keep him warm, but by the end, he was in a coma.
At some point, was a decision made to kill...
Vaughn Allner.
Yes. Who made that decision?
Sam did. Did you go along with it?
Yes, I did. Why did you go along with it, Mr. Visser?
Because I truly believed that there was no hope that Vaughn would be rescued,
and I believed that if I didn't eat, that I would surely
die as well.
I have nothing further.
Von Ulner was smothered to death. Is that right? Yes, sir.
How'd you do that?
We took a sleeping bag and we held it over his face.
Both you and Mr. Barkwell held it there?
Yes. Did your friend struggle at all while you were doing this?
No. He didn't kick?
He didn't try to push you away?
The witness has stated the deceased... didn't struggle. Your Honor, struggle is
a rather imprecise term. I'm trying to get at the specifics of what was going
at the moment this killing took place.
The objection is overruled. The witness may answer.
He didn't kick, and he didn't push.
Do you know for a fact whether his eyes were open or closed? The witness has
stated that there was a sleeping bag over the deceased's face. Your Honor, I
would ask that the witness, rather than his attorney, answer the question. The
objection is overruled. The witness will answer.
I don't remember if his eyes were open or closed.
Were they open or closed when you put the sleeping bag over his face?
They were closed.
Well, if they were closed then, why do you have any doubt as to whether or not
they were closed while he was suffocating?
Mr. Visser?
Why is there any doubt?
Because I heard him speak.
Your Honor, may I have a moment to confer with my client? No, Miss Goss,
not. Proceed, Mr. Mullaney. What did you hear Mr.
Ulmer say, sir?
I heard him speak his wife's name.
I heard him say Susan.
Did you think to take the sleeping bag off his face at that point?
Yes, I did.
I did, Sam.
I begged you to stop.
I could not.
Stop it from happening.
But I am sorry.
I don't see why we have to fight this fight. I really don't. Your father wants
to exercise certain managerial prerogatives, Alan.
He's not taking an unreasonable position. Every indication is that this
time to get into the software business.
The big boys are hanging back waiting to see how the market shakes out. They'll
make a move and do the same thing the software that Blockbuster did to video.
Hey, youngster, I took a single store and I built it up into a corporation
grossed $130 million last year. So please, don't give me any lessons on how
run a business. Dad, I am not trying to give you... Gentlemen, for the purposes
of dealing with the board of directors, let's remember that you're both on the
same side of this issue.
Excuse me, Leland. I need a signature on these. Ah, yes, I'll take them.
How was lunch yesterday?
Fine. He moves fast, my father, doesn't he?
What does that mean, he moves fast?
Just what I said, Dad.
You see something you want, you waste no time going after it. You make your
move, as you're so fond of saying.
Did he offer you a job yet? That's none of your business.
We had lunch.
Denise, would you excuse us?
Okay.
Here's what I think I'm going to do.
I'm going to do what you do. Meaning what?
Meaning I'm voting with the board of directors.
You're doing what?
I'm voting with the board of directors. Now, Alan, slow down a moment. I'm just
doing what he does.
I'm making a move. You're stabbing me in the back. That's what you're doing. You
side with the board of directors, your father's out on his ear. And he's out on
his ear. You want to be the boss. Is that it, Alan? I want to protect my
interest. No, you want to be the boss. All right, I want to be the boss.
I'm 38 years old, Dad.
I want to stop being told all the things I don't know. I want to be listened to.
I want to be respected.
I want to start making decisions the way you do.
Fast and ruthless and without any regard for what anybody else thinks. Alan. And
I'm going to start by kicking your ass out of this company.
You went out with Jack Barbera.
I had lunch with him.
Was it a business lunch?
No. Did you think there was any reason for this lunch other than his romantic
interest in you?
Leland, he asked me to go to lunch and I went. I didn't think it was going to be
such a big deal. Well, let me tell you just how big a deal it apparently was.
Alan Barbera has announced his intention to switch his allegiance from his
father to the board of directors.
That will result in his father being ousted from the company he built.
And this is my fault.
It could be said that you had something to do with it.
Excuse me, but I refuse to accept that. You don't believe that you could have
exercised just slightly better judgment in this matter?
Well, nobody told me that there was a rule against secretaries dating clients.
I'm telling you.
So you're firing me?
What I'm doing now is putting you on notice.
When I fire you, you'll know it.
Scottish grading system for snow and ice climbs goes from grade one to grade
six. Grade two is characterized by rudimentary technical climbing over
distances. Unfortunately, that changed.
How did it change?
Well, the first thing that happened was it got warmer.
What had been good, hard, blue -green ice, which was perfect for climbing,
turned soft.
Climbing became more difficult, resulting in Mr. Ulner's fall.
What if anything...
Did you do an attempt to get Mr. Allner off that mountain?
First thing we did was get him to a flat protected area, get him covered up.
I tried several times to go for help, but each time I was turned back by
avalanches or storms.
Who decided to take Vaughn Allner's life, Mr. Barkwell? I'll take
for it. You tell us why you felt it had come to that. Mr. Allner had been in a
coma for five days.
His pulse was barely discernible.
His body temperature was extremely low.
I felt there was no chance to get him out alive.
Well, in that case, why not just leave him and get out yourselves?
It had been more than two weeks since we'd eaten anything.
We were suffering from frostbite, hypothermia.
I felt as though if we didn't ingest some form of calories, the temperature
our internal organs would be such that we'd freeze to death.
In order to have the strength to get off that mountain, we had to eat. Do you
regret what you did?
I regret the circumstances made it necessary.
Thank you.
I have nothing further.
Were you aware, Mr. Barkwell, that search and rescue operations were
the time you took this man's life?
No, I was not. Most search and rescue operations are scaled back after about
days. Also, given the weather...
I was not optimistic that the searchers would find us, even if they were still
looking. Are you aware of the fact that people have survived without food for as
long as five weeks?
I wasn't out to set any records.
I'd reached my limit.
Richard Visser had reached his.
I made the decision I felt was necessary in order to survive.
Did you hear Von Allmer speak his wife's name, sir?
Yes. So, you were aware that he was, in fact, coming out of the coma?
I was aware.
That he had spoken.
And having heard him, you opted to go right on doing what you were doing?
Yes.
In other words, once you had decided to sacrifice this man, nothing was going to
stop you. Your Honor, I object to prosecutors badgering this man.
Objection sustained. Mr. Mullaney, you will cease badgering the witness.
I understand the legal position that you are taking, Mr.
Barkwell. What I'm wondering is whether or not it doesn't seem, even to you,
that maybe it wasn't necessary to kill this man, hack off his leg, and
cannibalize him. We were dying.
All three of us were dying.
Von Alner was closer than Richard Visser or myself, but we weren't far behind.
I didn't enjoy what I did. I didn't derive some ghoulish pleasure from
human flesh.
It was a gruesome...
sickening ordeal. But had we not done it, there is absolutely no doubt in my
mind but that we would have died.
I am sorry that it happened the way it happened, but I don't apologize for
surviving.
No further questions.
Thanks for coming.
Not at all.
I wanted to talk to you about what happened.
Okay. What did Leland and my father tell you to say?
They didn't tell me to say anything. I mean, they don't even know that I'm
Leland blames everything on you, though, doesn't he?
Yeah, he held me partially responsible.
Well, I'm sure you can get another job if need be.
Did I do something wrong?
No.
I'm sorry.
And I'm sorry you got dragged into this.
Here you go. Thank you.
You know, you don't have to murder your father.
I'm not sure you're right about that.
You're not?
Look, I'm finished being a professional son, Denise.
I don't want to pad around after him anymore.
Well, then don't.
Don't work for him. Don't work for the company.
Start your own company.
You're a smart boy, Alan. I mean, I'm sure there's a lot of things you could
on your own.
I couldn't get you to go out with me, though.
Well, I'm sure there's a lot of other things, you know, that you could do on
your own.
You're getting a major league shafting here, Carl. I have to tell you that.
I don't care.
You don't care now because you're despondent. You're going to care a year
now when you're in the supermarket.
buying dented cans of tuna fish.
I can't subject myself to any more humiliation, Arnie. It's too painful.
It was bad enough when it was just her and Ivan. Now to be faced with the fact
that there have been repeated infidelities... Why is that an occasion
her everything that she's asking for?
Because I don't want to go through a long, drawn -out divorce.
You know, if this does go to court, we're gonna beat him cold.
Doesn't matter.
A little vengeance goes a long way, Carl.
I'm sure vengeance is one in a range of approaches to the self -same set of
circumstances. I just don't know if it's appropriate in my case.
Why isn't it? Because I brought her infidelities on myself.
You're right.
Well, not that I don't feel aggrieved.
No, I understand. I'll finish up the paperwork on it, you go back to your
office, and I'll call you when it's ready for signature.
Well, I appreciate the effort you've been making.
Right.
I know you don't agree with me.
Doesn't matter.
You're the boss.
I do not in any way, shape, or form feel like the boss.
I'm in too much pain to sit across a table from this woman.
Carl, do me a favor.
Don't ask me to feel sorry for you, because in my opinion, you should be
sit across the table from this woman. You say it's too painful. Well,
the world is a painful place, but you still have to take care of business.
I don't live in the world the way you do, Arnie.
I live in my mind.
I don't build anything.
I don't sell anything.
I don't talk to people outside my field.
I don't talk to very many people inside my field.
For the past eight years, the one link I've had to the world outside my mind
been Andrea. There are a lot of other women in the world, Carl. The only women
I've ever been with is Andrea Rossoff.
What do you mean?
She's the only woman I've ever had sexual intercourse with or seen
naked.
Oh.
Put on your coat, Carl. I'm going to make a phone call.
And you and I are going to head over to the Monkey Bar. Wait a minute.
Who are you going to call?
What is the Monkey Bar?
Monkey Bar is a restaurant.
I'm going to call a young woman I know.
I don't want a prostitute, Arnie.
She's not a prostitute.
She's a friend of mine.
Tell me, what is this Goldbox conjecture?
What's Goldbox conjecture?
Okay, um...
It's an open problem in mathematics, which remains open to this day. Simply
stated, every even number can be expressed as the sum of two primes. Carl
something of an authority on the subject.
It was first proposed in 1742 in a letter by Christian Goldbach to the
Leonard Euler.
It has remained open ever since.
This is math.
This is math.
This is number theory.
Holly.
This is an actual genius, not just one of those guys who thinks of himself that
way. His IQ is 190.
My God. I must say that I don't find the IQ so -called to be a
particularly reliable indicator of most higher -order thinking. It's an
interesting diversion, but in practical terms, it's meaningless.
January 5th, 1965, what day of the week?
These are parlor tricks. January 5th, 1965.
Tuesday.
November 17th, 1931.
It's silly. It's meaningless.
Also Tuesday.
Oh, wow.
April 24th, 1966.
Sunday. It was a Sunday. That was the day I was born.
You were born in 1966?
Yes. Wow. That happens to be a fairly interesting number.
Why? 1 ,966 can be expressed as the sum of 953 plus...
One thousand and thirteen.
Both of those numbers happen to be prime.
Which means what?
Not evenly divisible by any other number.
That sounds simple, doesn't it? I'll try to determine whether an odd seven
-digit number not ending in five is prime.
You'll soon find that has to be rather arduous. What'd I tell you?
So I guess Arnie told you.
I got a thing for a really smart guy.
When Sam Barkwell and Richard Visser took the life of Vaughn Allner, they had
malice in their hearts.
They committed this horrible act because they felt they had no choice.
By all accounts, Vaughn Allner was gravely ill. There was no reason to
his life could have been saved.
Barkwell and Visser had no expectation of being rescued.
They were also starving to death.
Their choices were.
starve where they were, leave Von Ulner to die and try to make it back to
civilization while they were starving, or do what they did.
Had they done anything other than what they did, they too would have died.
Let us not attempt to superimpose a code of conduct that in a snowstorm of 13
,000 feet would have resulted in three men dying instead of one.
Don't punish Samuel Barkwell.
For saving the lives he was capable of saving.
Thank you.
Richard Visser is not a great mountain climber.
I think he'd be the first to admit that.
He found himself under circumstances so extraordinary.
I don't think any of us can imagine the horror.
I don't think there is any question that Richard Visser was indeed horrified at
the prospect of taking another man's life.
The fact is that when it came time to do it, he couldn't.
Did he go along with it?
Yes, he went along.
Ask yourselves what choice he had.
Samuel Barkwell was in charge of this undertaking. He was in charge at the
beginning, and he certainly was in charge at the end.
Whether or not you see fit to punish Samuel Barkwell, there is no
of any kind in punishing Richard Visser.
Thank you.
Samuel Barkwell says he had a good reason for killing, so he's not guilty.
Richard Visser says he backed out at the last minute, so he's not guilty either.
Under the law, anyone who plans or participates in the deliberate killing
another human being is, by definition, guilty.
And that law applies here in this building, on the streets of Los Angeles,
in a snow cave at 13 ,000 feet.
The most basic tenets of civilization extend even there.
There was, despite what Mr. Levinson has claimed, a real chance that all three
of these men would have been rescued.
Had one of them gone for help, the other two might well be alive when help
arrived. Can I guarantee it?
No, I can't. What I can guarantee is that Samuel Barkwell and Richard Visser
had neither the legal nor the moral right to kill a helpless human being out
the belief that it would keep them alive.
The law as defined by Samuel Barkwell does not obtain in this courtroom.
What he and his co -defendant did was to commit manslaughter.
I ask that they be convicted and punished.
Hey, Jack, thanks for coming in.
Talk fast. I have a busy day.
You know, yesterday was the first time in my life I felt like you were really
listening to me.
You've got a tough life, kid. What could I tell you? You think it's easy being
your kid?
Probably had its pluses and minuses, just like everything else.
I think that's probably true.
What is it that you want to say, Alan?
Just that I'm not going to do what I said I was going to do yesterday.
For the duration of this fight, I'm going to stand with you, Dad.
Why the change of heart?
Denise called me. We got together. She had a few things to say on the subject.
I spent a sleepless night. I decided that whatever else I want, I don't want
turn against you.
So, uh, we're still in business. No, we're not still in business.
I'm going to wrap up my responsibilities for your company.
Then I'm going to move on. What do you mean, move on?
I've got some ideas.
I'm going to start a business of my own. We'll do it together.
I don't want to do it together.
I want to do it myself.
So I'll just be an investor, a silent partner.
Maybe next time.
Oh, that makes no sense. The first one's the one you need me for. Who are you
going to go to, investment bankers, Wall Street? They'll eat you alive.
Jack. What?
Listen to what he's telling you.
All right, kid.
Whatever you say.
New Arnie? Where is he?
I don't know, Seth.
He should be here. I know he should be here. If you have two nine -sided dice,
what are the odds of drawing 16 or more?
13 .5.
Carl, that was supposed to be challenging for my attorney.
Take a look at that, baby.
This is an indirect proof for Goldbach's conjecture. That's right.
No partition with exactly two primes exists.
There's a corollary to Wildenberg.
There's no central involution.
That's incredible.
If it's true. We should probably get down to business.
Okay. I assume you're ready to sign some papers, huh?
Actually, we're not.
We're not?
Ask Carl. He's the boss.
Yesterday, I wasn't prepared to go through with the divorce.
Today, that's no longer the case. You've contradicted the fight Suzuki -Thompson
theorems, you know that?
Ray Duketio ought absurdum.
Quaterat demonstrandum. Sir, we should schedule the rest of the depositions,
ready to proceed to trial. I want you to take me through this, Carl. Wait, look,
look. Have we really gone down all of the avenues that could lead us to a
settlement here? I want to be there when you polish your proof.
Andrea, please, let's first deal with the business at hand, shall we? To
to your question, Seth, unless your client is willing to drop the demands
the apartment and agree to one -third of the monthly support she's asking for,
we're going to trial.
Andrea. Please, Carl.
I'll take you through the proofs when we're done with the divorce.
Okay.
Freely conceding that this is impulsive, erratic, and completely unstable.
What do you say we stay married?
I'd say no thanks.
Carl, you knew about Ivan at the point which you suggested reconciliation.
I told you about multiple affairs.
You thought there were X units of adultery. It turned out there were Y
adultery. Fundamentally, there's no difference.
You're right, Andrea.
Then why are you unwilling to reconcile now?
Why are you willing to?
I've never seen you in this light.
In other words, now I can do you some good.
There's going to be hoopla and frenzy, and you want to be part of the hoopla
frenzy. I've never seen you more brilliant than you are right now, Carl.
Don't turn me away.
Sorry, Andrea.
Why are you doing this to me?
Excuse me.
Arnie, do you validate?
Sure, Holly, the reception. I'll take care of it for you.
We're ready to go.
Great.
Carl!
Bye, all.
Has the jury reached a verdict?
We have, Your Honor. What say you?
In the matter of the people versus Richard Visser on the charge of
manslaughter, we, the jury, find the defendant not guilty.
In the matter of Samuel Barkwell on the charge of voluntary manslaughter, we
find the defendant guilty.
Mr. Barkwell may spend a brief moment with counsel and thereafter be remanded
into custody.
Mr. Visser is free to go.
The jury is discharged with the thanks of the court.
Sam.
Sam.
You need to know something.
You need to know that I did a bad job.
No, you didn't.
Listen to me. I'm not saying this for absolution.
I'm saying this because you need to hire another attorney to handle your appeal.
One of the grounds you need to include is my incompetent representation.
You were an incompetent.
Allowing a joint trial was incompetent. Eli, you're not going to get me to say
it because I don't think it's true.
Also, I don't want to hire another lawyer.
You handled the case. I want you to handle the appeal.
I'm sorry, Sam.
Stepped in a hole, Eli.
Happens.
You, uh... You left before I had a chance to say anything, Sam.
I am desperately sorry for what happened.
I did not go into this thinking that I would go free and you wouldn't.
That's not what I planned.
That's not what I wanted.
I must say, though, in all fairness, I don't feel equally responsible
for what happened up there. I was hysterical.
I didn't know what I was doing.
You're not even going to talk to me?
Why, I wouldn't.
I told the truth up there. What I said on the witness stand is what I
remembered. And the fact that it hung your code defendant out to dry, that was
strictly inadvertent. All right, now, what would you have me do?
I would have had you be a man.
I would have had you take responsibility for your actions.
But then cowards seldom do that.
You think I'm a coward?
Yes, I do.
And much as I would be utterly terrified at the prospect of going to prison
right now, I'd rather be where Stan Barkwell is than where you are.
If his appeals are unsuccessful, he'll do his time and he'll be done.
I suspect you'll be a coward for the rest of your life.
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