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It is.
Now I did some measuring down at the chandlery. A D6 is one inch wider than a D8. It would be too large for the deceased's well.
He's done some onthespot refit ting. You could see the side flange was banged away to make room for the D6.
But he had a spare D6, you said. Right there. Why not use that?
It was dead. We had it tested. Maybe the D6 was the spare and he had to use it.
Sheriff, how many batteries and what size did you find on <u>defendant's</u> boat?
Two D6's. That's the kind his well was fitted for.
No spare.
No.
So the defendant went out fishing for the night with <u>no</u> spare battery, hmmn?
Apparently.
I'm curious. The D6 that was refitted into the deceased's well. Was it exactly the same brand and model as defendant's?
I believe so.
Now you've testified that the deceased was a heavy man, and hard to bring out of the net.
Is it possible his head struck the transom, or the stern gunnel, or the net roller, as you were bringing him in?
I don't think so.
You don't. <u>Think</u> so.
He was heavy, but we were real careful. But I don't remember him hitting anything, anywhere.
You don't. <u>Remember</u>.
Operating this winch you'd rarely operated before, doing this awkward job of bringing in a drowned man of 235 pounds...is it <u>possible</u>. Possible that he struck his head <u>after</u> death. Possible?
Possible. But not darn likely.
How <u>is</u> your motherinlaw?
She's alright, Nels, thanks for asking.
And her farmhouse...?
The damage was considerable. But she's insured. Thanks, again.
One D6 and one D8 in the well. And a dead D8 on the deck.
Which you inferred was replaced by the D6, which must have been a spare.
What else could it be?
Even though a D6 is too big, and the flange had to be banged out to squeeze it in. Which makes it a peculiar choice. For a spare.
<u>You</u> said that. That was <u>your</u> testimony.
What makes you think I play?
Your daddy played. I asked, down at the Japanese Community Center. You smoke cigars?
White or black?
You mean, do I like to take the offensive? Or hang back and wait.
You must think I like losing.
I think you like learning.
Bet there's a few things you could teach me. Kendo, for one.
Sure. I could take a fishing gaff and split your head open. Right above your left ear.
You wouldn't even see it move.
You're wonderin'...how come I never ask. If you did it.
Now this jury is gonna be lookin' at the evidence with one eye. And at you with the oth...
Mr. Gudmundsson, we <u>know</u> what that jury is looking at.
So every time you think about showing that jury strength. Or honor or composure. Or dignity.
I should show them an American?
And what's that?
That you came upon Carl by accident. Like you said. Gave him the battery. Like you said. Asked him about the seven acres. Like you said.
I'm more a hotblooded killer, huh? Like a soldier. Like a samurai.
You won't hear that from Hooks. Because the charge is <u>first</u>degree murder, which requires premeditation. He can't change the charge.
You want me to say that.
I want you. To tell the truth.
You think that <u>is</u> the truth.
I told your wife. Trials aren't always so much about actual truth. As about what folks <u>believe</u> is true. That's sad. And it's real.
And what do you believe?
What for, Sheriff?
We have a warrant. To search your boat.
You always run with the well open?
I was checking the cables.
See you replaced a mooring line, lately. This one's new.
Naw, I had that around for a while.
Sure you did. Help me with this hold cover, willya?
You gaff with the <u>hook</u> end. Blood's on the butt. Where your hand goes.
Sure. Blood gets all <u>over</u> your hand, Sheriff, ask any fisherman.
Sheriff, I can't afford not to fish toni...
Look, no way I'm lettin' you out there. In a half hour you could be in Canada.
It's the way it happened, I know it is.
No, you don't.
This tastes horrible, hmmn?
You're wondering why I held it.
I'm wondering how the judge is gonna like my waking up his old bones. in the middle of the night.
Your daddy. Was quite a feller.
Yes, he was.
He's looking down. And he's not thinking 'bout the man you were yesterday. He's proud of the man you are tonight. That's what counts.
To my father. Everything counts.
Tell us why that lantern would be so significant.
Well. It shows the prosecutor was wrong. It was <u>Carl's</u> boat that was dead in the water. Or he'd never have put up the lantern.
Now you believe there were <u>two</u> lanterns when defendant arrived. One in Carl's hand. The second lashed to the mast.
That's what Mr. Miyamoto reported, and he'd have no reason to lie. He couldn't know that it would help his case.
Well, why does it?
Because the second lantern, the one on the mast. Was never found. So we have to ask...
That's when he fell.
Fell.
Miyamoto gave him the battery, and left. Carl's boat was running, he goes back to fishing. But at some point, he thinks of the lantern...
Still lashed to the mast.
He figures a perfectly good lantern could get banged around up there. So he climbs up. To cut it down.
Just as the freighter comes through? Isn't that quite a coincidence?
Coincidences happen. You run a yellow light <u>just</u> as a car comes out of nowhere. Splitsecond tragedy happens every day. Or maybe...
Maybe...?
Maybe Carl picks up something about the freighter on his radio, which is now working. Same report Milholland heard. And <u>that</u> makes him get the lantern fast. Before the freighter's wake can bang it around.
But you <u>could</u> be wrong. He <u>could</u> have climbed up earlier.
Then where's the lantern? And where's the knife?
The knife. What knife?
Still a coincidence. Timing and all.
The freighter started through at 1:42. The sea water seeped into Carl's watch and stopped it. At 1:47.
Still and all. Carl was a strong swimmer, he m...
He hit his head. On the way in.
You think so?
The sheriff and the deputy and I inspected the deck closely. We found a small fracture in the wood of the gunnel. Just below the mast.
Well, anything coulda caused that.
Cigarette?
I'll take two. One for later.