McCoy, Pollack and others in “Fluency”

McCoy

Mr. Peters, did you ever see an old movie called The Third Man?

Your Honor?

Mr. McCoy?

McCoy

The defendant says he couldn't foresee any substantial risk to his actions. I'd like to explore that state of mind a little further.

Witness may answer.

The Third Man, with Orson Welles. It's been a long time.

McCoy

Orson Welles plays a black marketeer who steals penicillin, and then dilutes and sells it with tragic consequences. Death, amputation, children dying.

Objection.

McCoy

It's a parallel situation, Your Honor. I think the analogy is apt.

Overruled.

McCoy

There's a famous scene on a ferris wheel.

I remember that scene.

McCoy

Orson Welles goes on a ride on a ferris wheel with his friend, and it stops when they get to the top. His friend, who's played by Joseph Cotton, asks, "Why? Why did you do this?" Orson Welles says, "For the money." Joseph Cotton is horrified. "Have you no conscience? How do you live with yourself?" Orson Welles points to the people on the ground far below, and the people on the ground are very small, walking around in the square. And Welles says, "Would you really feel anything if one of those dots down there suddenly stopped moving?" What was your expectation when you labelled your saline solution as flu vaccine and then sold it in bulk to people like Sklar?

That they'd sell it to someone else.

McCoy

And it would eventually be used as vaccine?

[chokes up] Sure, eventually.

McCoy

And you couldn't foresee the risk to those patients? They were just dots to you, weren't they? Far away, insignificant.

Objection!

McCoy

And if they suddenly stopped moving, who'd care? Not you!

Your Honor!

All right, Mr. McCoy. You've made your point.

McCoy

Nothing further, Your Honor.