1
00:00:00,999 --> 00:00:02,660
This is for white paper.

2
00:00:03,560 --> 00:00:06,660
This is for colored paper. Uh -huh. This
is for this paper.

3
00:00:06,880 --> 00:00:08,320
Right. This is for shiny paper.

4
00:00:08,560 --> 00:00:11,810
Benny, try not to spend the whole day on
this. You know what I mean?

5
00:00:11,960 --> 00:00:14,000
Okay. Where's my buddy?

6
00:00:14,220 --> 00:00:15,270
Hey, Ben.

7
00:00:15,780 --> 00:00:16,830
Dominic?

8
00:00:16,980 --> 00:00:18,740
There he is. How's it going, Chief?

9
00:00:18,741 --> 00:00:20,019
Dominic, hi.

10
00:00:20,020 --> 00:00:20,979
Put out your hand.

11
00:00:20,980 --> 00:00:24,900
Now come. Put out your hand. I got
something for you. Ha -ha.

12
00:00:25,120 --> 00:00:28,820
I wield an exact in the eighth race and
a 25 to one shot. Bingo.

13
00:00:29,800 --> 00:00:33,660
He has no idea what I'm talking about.
We had a very big day today, Ben.

14
00:00:33,661 --> 00:00:36,259
There's three large right in the palm of
your hand.

15
00:00:36,260 --> 00:00:37,380
Oh, thanks.

16
00:00:38,200 --> 00:00:41,210
This isn't my friend Dominic. A little
dribble on your shirt.

17
00:00:41,211 --> 00:00:44,679
How do you do? Fine, thank you. Nice to
make your acquaintance. Very beautiful

18
00:00:44,680 --> 00:00:47,720
offices you have here. Very nice. Very
centrally located.

19
00:00:47,721 --> 00:00:49,179
Where do you know Benny from?

20
00:00:49,180 --> 00:00:52,099
Oh, we sit at the counter at Duke Park
and have supper every night.

21
00:00:52,100 --> 00:00:54,270
Are we still doing that thing? What
thing?

22
00:00:54,760 --> 00:00:58,190
You know the place you said we were
going. If I said we're going, we're

23
00:00:58,191 --> 00:00:59,139
Going where?

24
00:00:59,140 --> 00:01:00,190
It's a secret.

25
00:01:00,300 --> 00:01:03,660
Oh, this guy. Everything's a big game.
It's no big deal, Benny.

26
00:01:04,300 --> 00:01:05,360
Well, it is to me.

27
00:01:05,361 --> 00:01:08,159
Don't get all emotional on me, all
right?

28
00:01:08,160 --> 00:01:12,479
Sorry. Okay. Now, there's a two -year
-old running today that looks very good

29
00:01:12,480 --> 00:01:13,530
me. Okay?

30
00:01:13,560 --> 00:01:14,940
Daryl Vianna's the trainer.

31
00:01:14,941 --> 00:01:18,359
McCarron's up. I intend to show this
horse some support by going out to the

32
00:01:18,360 --> 00:01:20,399
track and betting next month's rent.
Who's coming along?

33
00:01:20,400 --> 00:01:23,559
We have work to do, Dominic. Why, you
sure it's nothing to come wait?

34
00:01:23,560 --> 00:01:24,610
Thanks anyway.

35
00:01:24,611 --> 00:01:28,219
I don't think so. How about you, dearie,
interested in dating a jockey?

36
00:01:28,220 --> 00:01:29,019
Excuse me?

37
00:01:29,020 --> 00:01:32,859
All right, never mind. Listen, Benny,
don't spend it all on comic books, huh?

38
00:01:32,860 --> 00:01:36,170
I'll see you for supper, same time, same
station. Nice meeting you.

39
00:01:36,320 --> 00:01:37,370
Yeah.

40
00:03:39,589 --> 00:03:40,639
All right, folks.

41
00:03:40,890 --> 00:03:42,570
Busy day today. Let's get on with it.

42
00:03:42,710 --> 00:03:46,729
The Craig Estates. I'll handle that
myself, Douglas. I'm available if you

43
00:03:46,730 --> 00:03:51,149
me. Well, thank you. Given the length of
time that I've known the family, I

44
00:03:51,150 --> 00:03:54,389
think Vivian would be more comfortable
if she had to deal only with me.

45
00:03:54,390 --> 00:03:57,589
Moving on, McAllister versus the United
States Postal Service.

46
00:03:57,590 --> 00:04:01,080
Brian McAllister's wife was shot and
killed by a deranged co -worker.

47
00:04:01,230 --> 00:04:02,610
What's the cause of action?

48
00:04:02,611 --> 00:04:05,909
Wrongful death. If the co -worker's
deranged, how do you get liability on

49
00:04:05,910 --> 00:04:08,869
part of the post office? Negligent
supervision together with a particularly

50
00:04:08,870 --> 00:04:10,560
high... Stress work environment?

51
00:04:10,840 --> 00:04:13,140
Excuse me, the post office is high
stress?

52
00:04:13,420 --> 00:04:16,910
The way it's run now, it is. Hey,
delivering the mail is not high stress.

53
00:04:17,079 --> 00:04:18,260
This is high stress.

54
00:04:18,480 --> 00:04:20,399
What we do is high stress.

55
00:04:20,400 --> 00:04:23,999
And I think that at least a few of us
here are probably deranged as a result

56
00:04:24,000 --> 00:04:27,279
it. Melina, wasn't this matter supposed
to be settled? It's not for want of

57
00:04:27,280 --> 00:04:30,299
trying that it isn't, Douglas.
Unfortunately, what that means for us is

58
00:04:30,300 --> 00:04:32,979
you're going to be consumed with a
trial. You're worried about Southern

59
00:04:32,980 --> 00:04:36,059
savings. You're right. What's the
problem? The problem is we've been

60
00:04:36,060 --> 00:04:40,139
by their general counsel to perfect an
appeal, and the clock is ticking. What's

61
00:04:40,140 --> 00:04:41,190
the lawsuit about?

62
00:04:41,191 --> 00:04:44,519
discriminatory lending practices. And
we're representing the bank? Yes, we're

63
00:04:44,520 --> 00:04:47,299
representing the bank, and my hope is
that we represent the bank well enough

64
00:04:47,300 --> 00:04:50,759
that we get to represent other banks.
All right, Douglas, calm down. All I

65
00:04:50,760 --> 00:04:54,010
is you better get some help. I will,
Douglas, I will. I'm available.

66
00:04:54,600 --> 00:04:57,100
Melina, this is a complicated case. Get
some help.

67
00:05:07,680 --> 00:05:09,840
Jonathan, I'm sorry, I don't have it
yet.

68
00:05:10,650 --> 00:05:13,360
What? That law review article you asked
me to bring in.

69
00:05:13,410 --> 00:05:17,449
See, between the trial and the appeal
and all the rest of what's on my desk, I

70
00:05:17,450 --> 00:05:19,329
just didn't have time to look for it.
I'm sorry.

71
00:05:19,330 --> 00:05:22,429
I have to go digging through this whole
bunch of boxes, and I didn't have a

72
00:05:22,430 --> 00:05:24,420
spare moment in which to do it. It's
okay.

73
00:05:24,421 --> 00:05:28,229
I feel badly, Jonathan. I promised I
would help you with your brief, and I

74
00:05:28,230 --> 00:05:29,610
haven't done it. You're busy.

75
00:05:30,330 --> 00:05:32,310
Yes. You need to lighten your load.

76
00:05:33,570 --> 00:05:34,620
How do I do that?

77
00:05:34,890 --> 00:05:35,940
Just do it.

78
00:05:36,570 --> 00:05:37,620
Any way you can.

79
00:05:38,631 --> 00:05:45,739
Benny, we'd like you to tell us a little
bit more about this friend of yours.

80
00:05:45,740 --> 00:05:46,940
What do you want to know?

81
00:05:46,980 --> 00:05:50,580
For starters, we'd like to know why it
was that he gave you $3 ,000.

82
00:05:51,100 --> 00:05:52,320
The horse he bet on won.

83
00:05:52,580 --> 00:05:54,080
But why did he give you money?

84
00:05:55,320 --> 00:05:57,550
He always gives me money when the horse
wins.

85
00:05:57,860 --> 00:06:02,060
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 --> 00:06:10,290
You give him money to bet with? Yeah.
How much money do you give him?

88
00:06:10,750 --> 00:06:14,090
Oh, that depends on how much money he
needs to bet with.

89
00:06:14,091 --> 00:06:17,869
Sometimes he doesn't bet anything, and
other times he says, you've got to bring

90
00:06:17,870 --> 00:06:18,920
down the hammer.

91
00:06:19,410 --> 00:06:20,550
That's what he calls it.

92
00:06:20,730 --> 00:06:24,510
And I give him $100, $200.

93
00:06:24,730 --> 00:06:26,490
One time I gave him $500.

94
00:06:26,910 --> 00:06:28,650
Vinnie, you have to stop doing that.

95
00:06:29,510 --> 00:06:33,360
Why? Why? Because you work hard for your
money. You don't have that much of it,

96
00:06:33,370 --> 00:06:36,440
and you shouldn't be giving it to some
guy to blow at the track.

97
00:06:36,710 --> 00:06:38,030
But he didn't blow it. He won.

98
00:06:38,400 --> 00:06:42,720
The other night, I gave him $200, and
yesterday he gave me $3 ,000.

99
00:06:42,721 --> 00:06:43,899
That's yesterday.

100
00:06:43,900 --> 00:06:45,460
What's he going to do tomorrow?

101
00:06:45,700 --> 00:06:46,750
I don't know.

102
00:06:46,751 --> 00:06:50,159
The paper that has all the different
horses that are running comes out in the

103
00:06:50,160 --> 00:06:53,679
morning. Benny, the point is that he
shouldn't be doing this with your money.

104
00:06:53,680 --> 00:06:56,639
should be doing it with his money. But
he doesn't have any money. Then he

105
00:06:56,640 --> 00:06:58,659
shouldn't be gambling. He should be
working.

106
00:06:58,660 --> 00:07:00,580
Well, he says that gambling is working.

107
00:07:00,760 --> 00:07:04,900
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.

109
00:07:09,330 --> 00:07:12,070
I don't mind giving him money. He's my
friend.

110
00:07:17,900 --> 00:07:21,900
The fact that Nathaniel didn't leave a
will means the estate goes to you,

111
00:07:21,901 --> 00:07:25,279
Vivian. Which is as it should be, Mom.
You do with it whatever you see fit.

112
00:07:25,280 --> 00:07:28,520
Well, Leland, tell me this. Are we all
right as far as taxes go?

113
00:07:28,720 --> 00:07:31,070
Yes, we can pay whatever's owed out of
savings.

114
00:07:31,071 --> 00:07:34,559
I'll go on living in the house since we
own that, and I'll keep whatever

115
00:07:34,560 --> 00:07:36,730
investments we've made through the
years.

116
00:07:37,160 --> 00:07:41,199
There are a lot of other things I want
you kids to have, and I'd like you to

117
00:07:41,200 --> 00:07:43,960
decide who gets what. Mom, we want what
you want.

118
00:07:43,961 --> 00:07:46,369
Why don't you let her tell us what they
are?

119
00:07:46,370 --> 00:07:49,080
Leland, you have the list. Why don't you
go through it?

120
00:07:49,470 --> 00:07:51,690
Yes, there are golf clubs.

121
00:07:52,410 --> 00:07:53,460
Frank?

122
00:07:54,290 --> 00:07:56,370
I don't want them.

123
00:07:56,830 --> 00:07:58,570
I guess Dick could use an extra set.

124
00:07:58,970 --> 00:08:02,610
There's a 1975 Cadillac. Mom, why don't
you keep that?

125
00:08:02,830 --> 00:08:04,430
I don't need two cars, Judith.

126
00:08:04,930 --> 00:08:06,690
Frank, you take it.

127
00:08:07,941 --> 00:08:09,929
All right.

128
00:08:09,930 --> 00:08:13,389
There's a stamp collection. I've taken
the precaution of putting it in the

129
00:08:13,390 --> 00:08:17,449
vault. Which, if no one wants it, I'd
really love to have. But I certainly

130
00:08:17,450 --> 00:08:20,969
don't. Do we know what it's worth? I
have no idea. I just have the most

131
00:08:20,970 --> 00:08:24,869
incredibly vivid memories of Dad
shutting himself in his study with the

132
00:08:24,870 --> 00:08:27,770
closed and the blinds drawn, pouring
over his stamp.

133
00:08:27,771 --> 00:08:31,349
I'd like to get some idea what it's
worth, Judith. I can remember him

134
00:08:31,350 --> 00:08:34,749
we couldn't even knock on his door as
long as he was working on those stamps.

135
00:08:34,750 --> 00:08:36,390
It would be nice for the kids.

136
00:08:36,630 --> 00:08:40,168
Well... I hate to stand in the way, but
I'd like to find out what the stamp

137
00:08:40,169 --> 00:08:44,079
collection's worth. What it's worth in
dollars or what it's worth in memories.

138
00:08:44,080 --> 00:08:48,059
Are you saying that you could sell Dad's
stamp collection?

139
00:08:48,060 --> 00:08:49,620
I'm up to my ears in debt, Judith.

140
00:08:49,880 --> 00:08:53,800
Damn right I would sell it. Oh, kids,
this is just what I didn't want to

141
00:08:53,860 --> 00:08:57,759
I don't want to see you fight about it.
May I suggest that the first thing we do

142
00:08:57,760 --> 00:09:01,379
is have the collection appraised. That
way we'll know whether it's worth

143
00:09:01,380 --> 00:09:05,080
and what the tax situation is. I don't
want to sell that stamp collection.

144
00:09:05,520 --> 00:09:07,200
Nice to have money, isn't it, sis?

145
00:09:07,201 --> 00:09:10,609
My husband and I work for a living,
Frank. That's how you get to have money.

146
00:09:10,610 --> 00:09:13,969
right, all right. The fact is that
whether or not you're going to sell the

147
00:09:13,970 --> 00:09:16,620
collection, it has to be appraised for
tax purposes.

148
00:09:16,621 --> 00:09:18,669
It has to be appraised to have it
appraised.

149
00:09:18,670 --> 00:09:21,620
But you are not going to sell my
father's stamp collection.

150
00:09:29,070 --> 00:09:30,970
We were married seven and a half years.

151
00:09:31,450 --> 00:09:32,500
Any children?

152
00:09:33,230 --> 00:09:35,310
Elected for two, Susan just turned four.

153
00:09:35,720 --> 00:09:37,460
Did your wife work, Mr. McAllister?

154
00:09:37,800 --> 00:09:42,099
She worked where I worked, at the
Northfield Postal Facility, Regional

155
00:09:42,100 --> 00:09:46,119
Distribution Center No. 5. And what were
your jobs at the Northfield Postal

156
00:09:46,120 --> 00:09:47,800
Facility? We sorted mail.

157
00:09:48,220 --> 00:09:49,600
Did you know George Whalen?

158
00:09:50,480 --> 00:09:52,600
Yeah, he also sorted mail.

159
00:09:52,601 --> 00:09:57,079
Would you describe for us what it was
like to work at the Northfield Facility?

160
00:09:57,080 --> 00:09:58,130
What it was like?

161
00:10:00,600 --> 00:10:03,730
Well, they have a machine called an
optical character reader.

162
00:10:03,910 --> 00:10:06,170
It spits out 30 ,000 letters an hour.

163
00:10:07,450 --> 00:10:11,929
There's a man with a stopwatch standing
behind you, timing to see how long it

164
00:10:11,930 --> 00:10:16,109
takes you to read an address and punch
in the first three digits of the zip

165
00:10:16,110 --> 00:10:20,789
code. And what, if anything, would a man
with a stopwatch do if you weren't fast

166
00:10:20,790 --> 00:10:21,840
enough?

167
00:10:22,210 --> 00:10:23,260
Write you up.

168
00:10:23,950 --> 00:10:25,810
If you move too slow, they write you up.

169
00:10:25,811 --> 00:10:28,349
If you take too many steps, they write
you up.

170
00:10:28,350 --> 00:10:31,070
If you hold an envelope at the wrong
angle, if you're...

171
00:10:31,071 --> 00:10:34,139
Five minutes late for your lunch break.
If you don't ask permission to go to the

172
00:10:34,140 --> 00:10:36,790
bathroom, anything, everything, they
write you up.

173
00:10:37,140 --> 00:10:41,159
I once saw them write up a 60 -year -old
woman for showing a picture of a

174
00:10:41,160 --> 00:10:43,840
grandchild. You have no idea what it's
like in there.

175
00:10:44,060 --> 00:10:48,060
Would you describe the event that took
place on April 15, 1991?

176
00:10:49,440 --> 00:10:50,980
I was finishing my shift.

177
00:10:50,981 --> 00:10:57,139
George Whalen walked out on the floor
and asked me if I'd seen our postmaster,

178
00:10:57,140 --> 00:10:59,040
Mr. Daggett. I told him I hadn't.

179
00:10:59,580 --> 00:11:01,810
He turned around and walked toward the
door.

180
00:11:03,700 --> 00:11:05,750
Next thing I knew, he had a gun in his
hand.

181
00:11:05,860 --> 00:11:07,320
Did you see him fire that gun?

182
00:11:07,680 --> 00:11:08,730
Yes, I did.

183
00:11:09,900 --> 00:11:12,610
When Mr. Daggett came out of his office,
he fired at him.

184
00:11:12,800 --> 00:11:15,140
And what happened after he fired at him?

185
00:11:16,920 --> 00:11:18,180
He got my wife instead.

186
00:11:21,000 --> 00:11:23,960
She just punched in and was walking out
to the floor.

187
00:11:25,460 --> 00:11:27,260
She caught a bullet right in the head.

188
00:11:30,090 --> 00:11:31,430
She died in my arms.

189
00:11:33,810 --> 00:11:38,229
Mr. McAllister, you hold that the Postal
Service is responsible for your wife's

190
00:11:38,230 --> 00:11:40,390
death. I'd like you to explain to us
why.

191
00:11:40,391 --> 00:11:43,329
Because George Whalen never would have
done what he did if the Postal Service

192
00:11:43,330 --> 00:11:44,590
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.

196
00:11:55,330 --> 00:11:56,790
Did you observe anything...

197
00:11:56,791 --> 00:12:00,099
unusual about George Whelan prior to the
day of the shooting?

198
00:12:00,100 --> 00:12:01,150
Did I?

199
00:12:02,040 --> 00:12:05,110
No, I didn't. I didn't know the man that
well. You work together.

200
00:12:05,111 --> 00:12:08,619
Why didn't you know him that well? There
are 600 people working there. That's

201
00:12:08,620 --> 00:12:12,679
right, Mr. McAllister. There are 600
people working there. Yet you maintain,

202
00:12:12,680 --> 00:12:16,159
you not, that it was incumbent on the
supervisory personnel at the facility to

203
00:12:16,160 --> 00:12:20,010
not only know this man, but to know him
well enough to predict what he would do.

204
00:12:20,180 --> 00:12:21,920
They knew the pressure he was under.

205
00:12:22,360 --> 00:12:25,899
They knew the pressure we were all
under. But all of you didn't do what

206
00:12:25,900 --> 00:12:29,879
did. All of you didn't take a gun and
start shooting. No, but George Whelan's

207
00:12:29,880 --> 00:12:33,679
not the only postal worker who has,
though, is he? There are more than 700

208
00:12:33,680 --> 00:12:36,090
employees in the United States Postal
Service.

209
00:12:36,220 --> 00:12:40,259
What percentage of them do you suppose
have behaved as Mr. Whelan has? I have

210
00:12:40,260 --> 00:12:42,759
idea. Objection. The witness isn't
qualified to answer.

211
00:12:42,760 --> 00:12:45,890
An objection is sustained. My wife
wasn't supposed to get shot.

212
00:12:45,891 --> 00:12:48,279
My kids weren't supposed to lose their
mother.

213
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 --> 00:12:54,380
And according to you, no one's to blame.

215
00:12:54,381 --> 00:12:58,839
George Whelan's insane, so you can't
blame him. The post office is too big

216
00:12:58,840 --> 00:13:00,460
too busy, so you can't blame them.

217
00:13:00,620 --> 00:13:03,450
According to you, it just happened,
right, Mr. Spitzer?

218
00:13:03,451 --> 00:13:06,859
According to you, it's one of life's
little oddball tragedies, and it just

219
00:13:06,860 --> 00:13:09,639
happened. Mr. McAllister. You're wrong,
Mr. Spitzer, wrong.

220
00:13:09,640 --> 00:13:10,740
It didn't just happen.

221
00:13:11,140 --> 00:13:13,460
George Whelan didn't just one day go
insane.

222
00:13:13,461 --> 00:13:17,119
Mr. McAllister. Sons of pitchers like
the man at that table drove him insane.

223
00:13:17,120 --> 00:13:18,170
He's the one to blame.

224
00:13:18,171 --> 00:13:21,079
Mr. McAllister, that's enough. He didn't
pull the trigger, but he's the one who

225
00:13:21,080 --> 00:13:22,130
killed her.

226
00:13:28,131 --> 00:13:35,539
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 --> 00:13:43,219
Okay. Go ahead and use my office. Start
culling through the cases that were

229
00:13:43,220 --> 00:13:47,059
cited. And if anything jumps out at you
that you need an answer for, call the

230
00:13:47,060 --> 00:13:48,920
general counsel's office at the bank.

231
00:13:49,380 --> 00:13:51,140
I can call them? By all means.

232
00:13:51,141 --> 00:13:55,359
Because I am going to be buried under
this trial for at least a week. No one

233
00:13:55,360 --> 00:13:58,299
here knows anything about the case. So
if you need to know something, call the

234
00:13:58,300 --> 00:13:59,350
bank's lawyers.

235
00:13:59,351 --> 00:14:02,669
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 --> 00:14:07,140
Because I think they do discriminate in
their lending policy.

238
00:14:07,470 --> 00:14:08,520
Read the papers.

239
00:14:08,590 --> 00:14:12,489
I will. I think you'll find that the
bank was using very reasonable criteria

240
00:14:12,490 --> 00:14:13,870
evaluating the credit risk.

241
00:14:13,871 --> 00:14:15,909
Maybe it's just a matter of general
principle.

242
00:14:15,910 --> 00:14:19,340
That's usually not a good way to decide
the merits of a specific case.

243
00:14:19,710 --> 00:14:22,300
No, you're right. I appreciate you doing
this, Gwen.

244
00:14:22,470 --> 00:14:24,090
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
00:14:43,021 --> 00:14:45,619
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 --> 00:14:53,150
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 --> 00:15:01,399
Workers are governed by machines at the
Postal Service. Whether we're talking

254
00:15:01,400 --> 00:15:06,439
about optical readers or stopwatches,
management has made it abundantly clear

255
00:15:06,440 --> 00:15:10,699
that the pace of work has nothing to do
with human behavior and everything to do

256
00:15:10,700 --> 00:15:12,140
with mechanized efficiency.

257
00:15:12,680 --> 00:15:18,019
Add to this draconian regulations and
few meaningful outlets for worker

258
00:15:18,020 --> 00:15:22,199
frustrations, and you have the
conditions that result in tragedies like

259
00:15:22,200 --> 00:15:25,330
one. In your opinion, could this tragedy
have been prevented?

260
00:15:25,420 --> 00:15:29,819
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 --> 00:15:38,759
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 --> 00:15:43,669
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 --> 00:15:54,609
Did the management, in your opinion,
have any basis to conclude that George

267
00:15:54,610 --> 00:15:57,320
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 --> 00:16:13,099
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 --> 00:16:18,479
He wrote three letters to supervisors
and requested an appointment to speak to

274
00:16:18,480 --> 00:16:20,599
Mr. Daggett, something he had never done
before.

275
00:16:20,600 --> 00:16:24,519
He made numerous references in his
letters to acts of violence committed at

276
00:16:24,520 --> 00:16:25,780
other postal facilities.

277
00:16:26,280 --> 00:16:27,330
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 --> 00:16:42,029
You referred to the clusters of violent
behavior among postal workers. Tell me

282
00:16:42,030 --> 00:16:45,009
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 --> 00:16:50,069
Not having done a statistical analysis
on other industries, I really couldn't

285
00:16:50,070 --> 00:16:55,009
say. In that I have done a little
statistical analysis, let me run the

286
00:16:55,010 --> 00:16:56,060
figures by you.

287
00:16:56,750 --> 00:17:02,109
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
00:17:08,171 --> 00:17:12,108
Should we look into on -the -job stress
in the hotel industry, doctor?

291
00:17:12,109 --> 00:17:15,809
I'm sure you know, Counselor, that those
kind of statistics are hardly what I

292
00:17:15,810 --> 00:17:19,709
base my conclusions on. Doctor, I don't
think you base your conclusions on any

293
00:17:19,710 --> 00:17:20,760
kind of statistics.

294
00:17:21,190 --> 00:17:26,088
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 --> 00:17:41,140
isn't it, Doctor?

299
00:17:42,310 --> 00:17:48,389
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 --> 00:17:58,580
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 --> 00:18:02,360
All right, Doctor.

305
00:18:02,790 --> 00:18:04,530
I have no further questions.

306
00:18:11,720 --> 00:18:12,770
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 --> 00:18:21,559
Not necessarily in terms of its monetary
value, although that's not

310
00:18:21,560 --> 00:18:28,239
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
00:18:57,011 --> 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 --> 00:19:06,109
Well, from what I've seen thus far, I
would say we were into the mid -five

322
00:19:06,110 --> 00:19:07,160
-figure range.

323
00:19:07,161 --> 00:19:10,809
And there are a couple of boxes that I
haven't been through with him yet.

324
00:19:10,810 --> 00:19:12,370
Let's see what we have over here.

325
00:19:12,470 --> 00:19:13,520
All right.

326
00:19:14,830 --> 00:19:18,989
Speaking strictly as a fellow
philatelist, I can tell you there's much

327
00:19:18,990 --> 00:19:23,389
here. There are themes and confluences
running throughout what this man has

328
00:19:23,390 --> 00:19:24,440
done.

329
00:19:25,350 --> 00:19:26,400
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 --> 00:19:41,000
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 --> 00:19:47,620
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
00:20:06,321 --> 00:20:10,019
Were you aware of the fact that he had
requested an appointment with you?

340
00:20:10,020 --> 00:20:14,319
I wasn't aware of it for the simple
reason that all employee communications

341
00:20:14,320 --> 00:20:16,490
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 --> 00:20:23,330
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 --> 00:20:34,120
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 --> 00:20:42,219
Our number one resource at the U .S.
Postal Service is our people. We should

349
00:20:42,220 --> 00:20:43,259
never lose sight of that.

350
00:20:43,260 --> 00:20:47,019
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 --> 00:20:51,399
I wish there had been. The truth is, I
don't know what I would have done

353
00:20:51,400 --> 00:20:52,450
differently.

354
00:20:53,040 --> 00:20:54,720
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 --> 00:21:00,580
But what I want to say to Mr.

357
00:21:00,780 --> 00:21:01,830
McAllister is this.

358
00:21:02,120 --> 00:21:07,719
that while I did not lose anyone dear to
me, I too was devastated by what

359
00:21:07,720 --> 00:21:08,770
happened.

360
00:21:09,380 --> 00:21:13,419
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 --> 00:21:16,580
I have nothing further.

363
00:21:17,120 --> 00:21:21,099
Since you say that your life will never
be the same, I'd like to start by asking

364
00:21:21,100 --> 00:21:22,480
exactly how it's different.

365
00:21:22,481 --> 00:21:26,159
I'm not sure I know what you mean. Do
you have the same work rules in place

366
00:21:26,160 --> 00:21:27,599
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
00:21:33,631 --> 00:21:37,169
We've conducted studies, Miss Paros. You
write them up for holding an envelope

370
00:21:37,170 --> 00:21:41,029
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 --> 00:21:47,200
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 --> 00:21:56,869
What happened that day could have
happened anywhere. It could have

376
00:21:56,870 --> 00:21:58,980
the street. It could have happened on a
bus.

377
00:21:59,370 --> 00:22:03,349
It could have happened right here in
this courtroom. I try to provide a work

378
00:22:03,350 --> 00:22:07,349
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 --> 00:22:11,529
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
00:22:19,911 --> 00:22:23,289
People want their mail delivered. They
want it delivered promptly.

385
00:22:23,290 --> 00:22:26,829
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 --> 00:22:38,510
Fix your collar.

388
00:22:39,240 --> 00:22:41,770
We're not going on a bus. We're going on
an airplane.

389
00:22:42,540 --> 00:22:43,800
Gotta look a little sharp.

390
00:22:45,620 --> 00:22:46,760
Do I look sharp now?

391
00:22:50,071 --> 00:22:52,139
Like a tech.

392
00:22:52,140 --> 00:22:55,979
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
00:22:57,081 --> 00:23:00,899
Okay. We're a couple of businessmen.
We're going on a business trip. If we

395
00:23:00,900 --> 00:23:04,199
should happen to enjoy ourselves along
the way, all well and good. But the

396
00:23:04,200 --> 00:23:05,820
purpose of this trip is business.

397
00:23:05,960 --> 00:23:07,010
Business.

398
00:23:08,760 --> 00:23:09,810
You all packed?

399
00:23:09,820 --> 00:23:10,870
Yeah. Good.

400
00:23:10,960 --> 00:23:13,850
Let's make like a hockey stick and get
the puck out of here.

401
00:23:15,000 --> 00:23:16,050
Let's go.

402
00:23:16,640 --> 00:23:17,690
Huh.

403
00:23:26,400 --> 00:23:27,780
Where are you off to, Benny?

404
00:23:27,781 --> 00:23:31,199
Oh, I asked Douglas if I could leave
early and he said it was okay.

405
00:23:31,200 --> 00:23:32,250
Where are you going?

406
00:23:32,480 --> 00:23:36,099
I gave out the mail and I put extra
paper in the copier and I cleaned up the

407
00:23:36,100 --> 00:23:38,210
kitchen. Benny. Tell him where we're
going.

408
00:23:39,180 --> 00:23:40,230
We're going to Vegas.

409
00:23:58,120 --> 00:24:03,549
I'm going to get rid of it. You can't
get rid of it, Leland.

410
00:24:03,550 --> 00:24:07,769
It's hardcore pornography, Stuart. The
family doesn't know about it. What

411
00:24:07,770 --> 00:24:10,749
possible good would it do them to find
out? Yeah, I guess I wouldn't want to

412
00:24:10,750 --> 00:24:12,980
know that my father collected
pornography.

413
00:24:12,981 --> 00:24:14,909
Your father collected pornography?

414
00:24:14,910 --> 00:24:18,280
No, no, the deceased in this estate
matter collected pornography.

415
00:24:18,281 --> 00:24:20,069
What do you mean by collected?

416
00:24:20,070 --> 00:24:24,989
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
00:24:26,211 --> 00:24:29,489
No, I haven't seen it. I really think
everyone's interest would be best served

419
00:24:29,490 --> 00:24:32,919
if I just destroyed it. Well, you can't
destroy it, Leland. You have a fiduciary

420
00:24:32,920 --> 00:24:34,199
relationship to the estate.

421
00:24:34,200 --> 00:24:36,060
But it's not as if it's worth any money.

422
00:24:36,300 --> 00:24:37,350
Are you sure?

423
00:24:37,351 --> 00:24:42,039
Are you telling me there's a market in
second -hand pornography?

424
00:24:42,040 --> 00:24:44,819
I don't know whether there is or there
isn't, but before you dispose of this

425
00:24:44,820 --> 00:24:47,619
stuff, I think I ought to call Yale
Tobias to come and take a look.

426
00:24:47,620 --> 00:24:48,679
Oh, that's a great idea.

427
00:24:48,680 --> 00:24:51,419
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 --> 00:24:54,960
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 --> 00:25:13,320
And how long did you work for the Postal
Service, Mr. Whalen?

435
00:25:13,710 --> 00:25:14,760
Seventeen years.

436
00:25:15,190 --> 00:25:16,930
Would you tell us what your job was?

437
00:25:17,010 --> 00:25:18,060
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 --> 00:25:22,300
Did that change?

441
00:25:23,790 --> 00:25:24,840
Yes, it did.

442
00:25:24,890 --> 00:25:25,940
What happened?

443
00:25:26,150 --> 00:25:27,200
They roped me up.

444
00:25:28,010 --> 00:25:29,450
What'd they write you up for?

445
00:25:30,790 --> 00:25:31,910
For being late.

446
00:25:32,210 --> 00:25:33,260
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 --> 00:25:40,890
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 --> 00:25:55,049
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 --> 00:26:01,779
Because the pipe broke in one of the
restrooms. As a result of that, they

453
00:26:01,780 --> 00:26:03,700
the entrance I was accustomed to using.

454
00:26:04,600 --> 00:26:09,379
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 --> 00:26:23,919
How late were you in punching in? Ten
minutes late, which I know seems trivial

458
00:26:23,920 --> 00:26:24,970
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 --> 00:26:30,030
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
00:26:46,691 --> 00:26:48,409
And were they willing to do that?

466
00:26:48,410 --> 00:26:49,460
No.

467
00:26:49,850 --> 00:26:50,900
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 --> 00:26:59,760
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 --> 00:27:06,550
They'd bring packages over to weigh
them, and I would see how much they

472
00:27:06,800 --> 00:27:11,179
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 --> 00:27:19,099
I was permitted out for lunch, for two
ten -minute breaks, and if I had to go

475
00:27:19,100 --> 00:27:20,960
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 --> 00:27:33,370
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 --> 00:27:44,300
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 --> 00:27:53,110
There's something else I'd like to say.

485
00:27:53,350 --> 00:27:58,569
If you could find it in your heart to
give me my job back, you'd never have to

486
00:27:58,570 --> 00:28:00,130
worry about my being late again.

487
00:28:01,430 --> 00:28:02,480
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 --> 00:28:14,600
What do you mean?

490
00:28:14,601 --> 00:28:17,309
We understand that your friend Dominic
took you to Las Vegas.

491
00:28:17,310 --> 00:28:18,690
Yeah. Who paid?

492
00:28:18,691 --> 00:28:20,639
I did.

493
00:28:20,640 --> 00:28:22,679
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 --> 00:28:26,579
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
00:28:30,881 --> 00:28:34,439
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 --> 00:28:41,530
$500 worth. Can we get protective order?
We can certainly try.

501
00:28:41,531 --> 00:28:43,819
What happened after you bought the
chips?

502
00:28:43,820 --> 00:28:45,800
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 --> 00:28:56,099
Or if you put a chip down on a square
and somebody else is throwing the dice.

506
00:28:56,100 --> 00:28:58,459
Yes, we know. It's called craps. We know
what the game is.

507
00:28:58,460 --> 00:28:59,900
Dominic let me throw the dice.

508
00:29:00,240 --> 00:29:01,290
And we kept winning.

509
00:29:01,900 --> 00:29:04,260
And the man kept giving us more and more
chips.

510
00:29:04,261 --> 00:29:05,299
Then what happened?

511
00:29:05,300 --> 00:29:08,130
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 --> 00:29:15,919
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 --> 00:29:30,050
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
00:29:31,301 --> 00:29:34,779
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 --> 00:30:00,779
What I find most remarkable is the
scholarliness and the discipline

528
00:30:00,780 --> 00:30:01,830
this collection.

529
00:30:01,831 --> 00:30:05,059
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 --> 00:30:18,619
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 --> 00:30:24,250
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 --> 00:30:36,819
The so -called existential nymphomania
period represented like I've never seen

538
00:30:36,820 --> 00:30:37,959
it represented before.

539
00:30:37,960 --> 00:30:39,259
I take it that you're interested.

540
00:30:39,260 --> 00:30:40,310
Oh, my God.

541
00:30:40,311 --> 00:30:47,299
Correct me if I'm wrong, Leland. I think
what we're interested in doing here is

542
00:30:47,300 --> 00:30:48,819
selling the entire collection.

543
00:30:48,820 --> 00:30:51,950
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 --> 00:31:00,530
How much, yeah.

547
00:31:00,540 --> 00:31:01,590
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 --> 00:31:20,479
We know what the Svenborg bestiality
plates alone are worth. Now, out of

552
00:31:20,480 --> 00:31:24,279
consideration to Arnold, I'm showing you
the collection before I show it to

553
00:31:24,280 --> 00:31:28,019
anyone else. But I'm not willing and I'm
not able, as an executor of the estate,

554
00:31:28,020 --> 00:31:29,640
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 --> 00:31:36,559
Yes, I do. I've already got a call from
a Japanese collector willing to buy the

557
00:31:36,560 --> 00:31:38,240
entire collection, sight unseen.

558
00:31:38,241 --> 00:31:43,799
Well, I am not letting this fall by the
wayside because I wanted to save a buck.

559
00:31:43,800 --> 00:31:47,899
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
00:32:04,641 --> 00:32:11,429
Do you want to tell me what it was you
were thinking about when you fobbed off

565
00:32:11,430 --> 00:32:13,780
your responsibility for this appeal on
Gwen?

566
00:32:13,781 --> 00:32:17,369
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
00:32:24,511 --> 00:32:25,959
For what?

571
00:32:25,960 --> 00:32:28,299
He spoke to one of their bank's senior
attorneys.

572
00:32:28,300 --> 00:32:31,579
So what? Did it ever occur to you that
the bank's attorneys, like most

573
00:32:31,580 --> 00:32:35,059
attorneys, don't appreciate having their
time taken up explaining the fine

574
00:32:35,060 --> 00:32:38,850
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
00:32:41,681 --> 00:32:43,399
I don't think that's the least bit
relevant.

577
00:32:43,400 --> 00:32:45,799
You had no business bringing her into
that case.

578
00:32:45,800 --> 00:32:50,779
Look, I am doing what I have to do to
manage my workload. If she screwed up, I

579
00:32:50,780 --> 00:32:53,610
would take responsibility for that. She
didn't screw up.

580
00:32:53,740 --> 00:32:58,399
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
00:33:01,021 --> 00:33:04,779
And for that, you're in here wasting
what precious few moments I have left in

583
00:33:04,780 --> 00:33:08,390
which to prepare to go to court. Now,
you listen to me, Melina, and listen

584
00:33:08,391 --> 00:33:11,819
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 --> 00:33:13,779
wouldn't have gotten that call if he
hadn't been unhappy.

586
00:33:13,780 --> 00:33:15,599
Now, you may think that's insignificant.

587
00:33:15,600 --> 00:33:16,660
Let me assure you.

588
00:33:16,661 --> 00:33:20,059
You're wrong. This bank represents what
could potentially be a substantial

589
00:33:20,060 --> 00:33:24,299
source of revenue for this firm. As the
managing partner, it's my responsibility

590
00:33:24,300 --> 00:33:28,139
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 --> 00:33:35,539
Now, if you can't assure me of that, let
me know, and I'll give this case to

593
00:33:35,540 --> 00:33:39,279
someone else. Douglas, I have been
working till 10 o 'clock every night for

594
00:33:39,280 --> 00:33:41,450
weeks. I haven't had a day off in over a
month.

595
00:33:41,451 --> 00:33:44,859
Maybe you should give this to somebody
else.

596
00:33:44,860 --> 00:33:45,910
Done.

597
00:33:53,940 --> 00:33:58,839
It's always difficult to understand a
tragedy, to try and make sense out of

598
00:33:58,840 --> 00:33:59,890
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 --> 00:34:11,670
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 --> 00:34:22,309
Undoubtedly. Is there a connection
between violence and the working

604
00:34:22,310 --> 00:34:23,360
at the post office?

605
00:34:24,010 --> 00:34:25,110
We have no idea.

606
00:34:25,350 --> 00:34:29,689
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
00:34:42,551 --> 00:34:46,589
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 --> 00:34:56,829
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 --> 00:35:15,460
Absolutely not.

617
00:35:20,560 --> 00:35:22,000
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 --> 00:35:41,159
We're vulnerable to our boss's whims, to
their moods, to the pressures that

622
00:35:41,160 --> 00:35:42,480
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 --> 00:35:50,289
And there are some who are petty and
abusive and cruel, and they get away

625
00:35:50,290 --> 00:35:53,720
being like that because the people who
work for them need their jobs.

626
00:35:53,721 --> 00:35:58,249
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 --> 00:36:04,869
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 --> 00:36:11,700
Grown men and women should not be
treated like children.

631
00:36:11,701 --> 00:36:15,119
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 --> 00:36:20,779
Heightened efficiency is no
justification for the systematic

634
00:36:20,780 --> 00:36:21,830
human being.

635
00:36:22,180 --> 00:36:24,290
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 --> 00:36:34,139
The Postal Service is to blame, and it's
only fitting and proper that they be

638
00:36:34,140 --> 00:36:35,190
made to pay.

639
00:36:54,220 --> 00:36:56,750
I've gotten an appraisal on the stamp
collection.

640
00:36:57,940 --> 00:36:58,990
Please.

641
00:36:59,400 --> 00:37:02,720
And? It's worth close to $80 ,000.

642
00:37:04,000 --> 00:37:08,079
Well, I guess that settles that
question. There's no way I can persuade

643
00:37:08,080 --> 00:37:11,059
to sell Dad's stamp collection. Sure
there is. You can give me $40 ,000.

644
00:37:11,060 --> 00:37:12,800
Now, there may be another solution.

645
00:37:13,520 --> 00:37:18,899
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 --> 00:37:26,120
What did you find?

649
00:37:26,310 --> 00:37:33,069
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 --> 00:37:44,089
That didn't belong to my father. When
you say pornography, how much

652
00:37:44,090 --> 00:37:45,129
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 --> 00:37:54,120
Yes, yes, I do.

656
00:37:54,121 --> 00:37:56,179
How many dirty magazines did the old man
have?

657
00:37:56,180 --> 00:37:57,440
Well, there's quite a few.

658
00:37:57,500 --> 00:37:58,820
I think I'm going to be sick.

659
00:37:58,860 --> 00:38:02,859
Well, let me suggest that what it does
allow you to do is keep the stamp

660
00:38:02,860 --> 00:38:06,539
collection and sell the pornography and
split the difference between the value

661
00:38:06,540 --> 00:38:09,490
of the two. I don't want to have
anything from the sale of his

662
00:38:09,500 --> 00:38:11,670
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
00:38:17,521 --> 00:38:21,259
Well, we're supposed to sit down with
your mother today and let her know what

666
00:38:21,260 --> 00:38:22,580
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 --> 00:38:26,390
Judith, come on.

669
00:38:29,500 --> 00:38:31,970
He spent part of the time on his stamp
collection.

670
00:38:33,260 --> 00:38:34,310
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 --> 00:38:44,000
Has the jury reached a verdict?

674
00:38:44,220 --> 00:38:45,600
We have, Your Honor. I'll see.

675
00:38:46,920 --> 00:38:50,470
We fine for the plaintiff and award
damages in the amount of $1 million.

676
00:38:51,300 --> 00:38:53,650
Jury is dismissed with the thanks of the
court.

677
00:38:53,860 --> 00:38:54,910
We are adjourned.

678
00:38:59,460 --> 00:39:00,510
We won.

679
00:39:01,920 --> 00:39:03,240
So now they appeal, right?

680
00:39:03,480 --> 00:39:04,980
Either that or offer to settle.

681
00:39:04,981 --> 00:39:06,039
Forget about that.

682
00:39:06,040 --> 00:39:09,739
Well, let's just see what the offer is.
They can keep us in appeals for years.

683
00:39:09,740 --> 00:39:10,619
Let them.

684
00:39:10,620 --> 00:39:12,019
Don't you want the money, Brian?

685
00:39:12,020 --> 00:39:13,460
Not if it means capitulation.

686
00:39:13,461 --> 00:39:16,779
It doesn't mean that. It just means that
you've made a rational decision to get

687
00:39:16,780 --> 00:39:20,519
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
00:39:22,741 --> 00:39:25,939
There's nothing more important to me
right now than taking on the people who

691
00:39:25,940 --> 00:39:26,990
killed her.

692
00:39:27,900 --> 00:39:28,950
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 --> 00:39:42,790
Because you've got two kids to bring up,
and that's a lot more important.

696
00:39:43,210 --> 00:39:47,549
And you can come away from this with
enough money to make a difference and be

697
00:39:47,550 --> 00:39:48,589
done with it.

698
00:39:48,590 --> 00:39:50,580
I don't think I want to be done with
this.

699
00:39:50,581 --> 00:39:54,329
I think it'd be best for all involved if
this thing just dragged on as long as

700
00:39:54,330 --> 00:39:55,380
possible.

701
00:39:55,630 --> 00:39:56,680
Why?

702
00:39:58,290 --> 00:40:02,260
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
00:40:24,181 --> 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 --> 00:40:32,600
He had flaws.

708
00:40:32,601 --> 00:40:34,869
In my book, this was a little more than
a flaw.

709
00:40:34,870 --> 00:40:37,760
That didn't stop him from being a good
father now, did it?

710
00:40:37,850 --> 00:40:38,900
I don't know.

711
00:40:40,010 --> 00:40:41,060
Yes, you do.

712
00:40:41,370 --> 00:40:43,110
You know the kind of father he was.

713
00:40:43,111 --> 00:40:45,589
This makes me think of him differently,
Frank.

714
00:40:45,590 --> 00:40:49,489
He wasn't this kindly white -haired man
in a cardigan sweater working on his

715
00:40:49,490 --> 00:40:50,540
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
00:40:57,691 --> 00:41:01,309
Oh, my God. I would hope not. No, no,
no. She shouldn't know anything about

719
00:41:01,310 --> 00:41:06,029
It would kill her. I mean, however
disconcerting this is to us, we could

720
00:41:06,030 --> 00:41:09,309
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 --> 00:41:16,100
have you kids worked out your
differences?

724
00:41:16,101 --> 00:41:17,649
Yes, Mom.

725
00:41:17,650 --> 00:41:18,569
We have.

726
00:41:18,570 --> 00:41:22,549
Good. I think the last thing your father
wanted was for something like his stamp

727
00:41:22,550 --> 00:41:24,900
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
00:41:37,811 --> 00:41:40,489
We take an interest in Benny Stelowitz's
welfare.

731
00:41:40,490 --> 00:41:42,789
Lester, you're about to tell us that
it's none of our business.

732
00:41:42,790 --> 00:41:45,489
Right, because we maintain it's very
much our business.

733
00:41:45,490 --> 00:41:48,589
In addition to being Benny's employers,
we also administer his trust.

734
00:41:48,590 --> 00:41:51,369
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
00:41:54,631 --> 00:41:58,269
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 --> 00:42:02,620
Are you done?

739
00:42:03,770 --> 00:42:07,399
Yeah. Good. Let me set you straight
about something. I'm not afraid of you,

740
00:42:07,400 --> 00:42:08,720
right? That's for openers.

741
00:42:08,721 --> 00:42:11,539
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
00:42:12,841 --> 00:42:16,759
You're taking advantage of someone who
is mentally retarded. So far as I'm

744
00:42:16,760 --> 00:42:18,659
concerned, I'm not taking advantage of
anyone.

745
00:42:18,660 --> 00:42:19,920
So happens Ben's an adult.

746
00:42:20,100 --> 00:42:21,150
A retarded adult.

747
00:42:21,151 --> 00:42:24,119
An adult, a grown man who doesn't have
to answer to you or anyone else about

748
00:42:24,120 --> 00:42:27,610
he spends his money. You're the one
who's got to answer for it, Dominic.

749
00:42:27,611 --> 00:42:31,399
Either of you ever take Ben to Vegas?
That's not really the point. I think it

750
00:42:31,400 --> 00:42:34,239
the point. The fact that we're 45
minutes from the greatest spectacle in

751
00:42:34,240 --> 00:42:37,459
Western world, and before I took him,
he'd never been, that's exactly the

752
00:42:37,460 --> 00:42:40,859
Believe it or not, Benny has never
expressed any interest in Las Vegas.

753
00:42:40,860 --> 00:42:44,179
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
00:42:50,841 --> 00:42:54,539
Not much compares with that. And we're
supposed to ignore the fact that it's

757
00:42:54,540 --> 00:42:56,100
Benny who pays for everything?

758
00:42:56,101 --> 00:42:59,419
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 --> 00:43:08,499
He's not a retarded messenger boy. He's
a man. We do the things that men do. We

762
00:43:08,500 --> 00:43:11,999
go to the track. We go to Vegas because
we're men. We don't need your

763
00:43:12,000 --> 00:43:13,299
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 --> 00:43:21,630
What's going on?

767
00:43:21,740 --> 00:43:23,060
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
00:43:28,591 --> 00:43:32,049
Yeah, I don't see why not. Hey, listen,
Ben, walk me out, will you? I gotta get

771
00:43:32,050 --> 00:43:33,100
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
00:43:42,691 --> 00:43:46,549
Really? Oh, hey, she's only the most
beautiful woman in the face of the

776
00:43:46,550 --> 00:43:48,849
What, she should be there and we
wouldn't go see her?

777
00:43:48,850 --> 00:43:49,900
So we will go.

778
00:43:50,450 --> 00:43:51,590
That's what I'm saying.

779
00:44:00,360 --> 00:44:02,890
Are you going to bet on any horses
today, Dominic?

780
00:44:03,400 --> 00:44:04,450
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 --> 00:44:08,490
Here.

783
00:44:09,460 --> 00:44:10,510
Give me.

784
00:44:11,300 --> 00:44:14,490
How many times have I told you not to
keep your money in a wallet?

785
00:44:14,500 --> 00:44:15,550
I forgot.

786
00:44:15,780 --> 00:44:17,580
Farmers keep their money in wallets.

787
00:44:17,581 --> 00:44:20,659
Anyone that's hip keeps their money in
their pants pocket.

788
00:44:20,660 --> 00:44:21,710
Look at this mess.

789
00:44:21,940 --> 00:44:22,990
Look.

790
00:44:23,040 --> 00:44:25,510
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 --> 00:44:36,439
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 --> 00:44:43,310
Trying to teach you something here. I
know.

797
00:44:45,520 --> 00:44:46,570
Here.

798
00:44:47,180 --> 00:44:48,980
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 --> 00:44:52,870
Yeah.

801
00:44:54,660 --> 00:44:56,220
I'll see you at DuPars tonight?

802
00:45:00,079 --> 00:45:01,639
Hey, I gotta eat supper, right?

803
00:45:01,650 --> 00:45:06,200
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