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               Tape Recording
     Ivan J. Fail and Larry Allen Fail
              On June 4, 2005

    Conversation between Larry Allen Fail and his father Ivan
    J. Fail about safety concerns and various family members'
                   reactions to family issues.

                     Transcript Provided By:

                           Julia Hulse
                         649 Santa Fe Dr
                        Denver, CO 80204

 1       (Whereupon, the following is a narrative by Larry

 2   Allen Fail.)

 3       LARRY ALLEN FAIL:     My name is Larry Allen Fail.   The

 4   following is a conversation I had on the phone with my

 5   father, Ivan J. Fail, on June 4th, 2005.    We're talking

 6   about my sister June and her husband Gene Dedeka moving to

 7   the home place and my concerns for my father's safety and

 8   other issues.

 9       It's also a follow-up on the conversations and what

10   happened at the Parsons Hospital around Memorial Day in

11   2005 when my sister June tried to, in my opinion, swindle

12   my brother John out of his farm.

13       And it seems like my dad could pay compliments to us

14   kids sometimes and then sometimes he would take the

15   compliments back.   And I learned to roll with that because

16   I was able to communicate with my dad and I developed a

17   great relationship over the years with my father.    When I

18   was younger, there was things that bothered me, and of

19   course, I wasn't the best teenager in the world as far as

20   listening to my father.    And I wish I had listened to him;

21   he was a very wise person.    But I was extremely frustrated

22   by my sister trying to steal my brother John's farm, and in

23   this tape, my father and I are discussing this and other

24   issues.

 1       (End of narration by Larry Allen Fail.)

 2                     *        *       *     *     *

 3       (Beginning of taped audio.)

 4       IVAN J. FAIL:     Why would they want to wrestle these

 5   things around now? Ah, ha.

 6       LARRY ALLEN FAIL:      Well --

 7       IVAN J. FAIL:     If there's no money out there to do

 8   anything with, you could understand, but we've got to

 9   settle these things sensibly --

10       LARRY ALLEN FAIL:      Well, the bottom line of it is,

11   Dad, that -- and I know this is true, and it doesn't bother

12   me because I've learned to deal with it and it doesn't

13   bother me.   Believe me.       I think we have a good

14   relationship.   And one of the reasons I think we have a

15   good relationship is because -- it hasn't always been this

16   way, but for a long time, I've been able to tell you how I

17   feel; express myself to you.        And you know, I really have.

18   And I can remember when I was a kid, there was times I'd

19   think, "Well, I'm gonna go tell Dad this is that," and I'd

20   think, "Oh, goddamn, I don't know how I should do that.        I

21   don't know what he's gonna say.        I don't know how he's

22   going to take it."

23       So there was a time I was a little intimidated by it

24   and that's just normal for a lot of kids and their parents.

 1   That's not, you know -- but we got beyond that years ago,

 2   you and me did, and so on and so forth.       But the thing of

 3   it is there would be times when you would -- when you would

 4   pay us a complement.       You would say, "Joe, by God, you done

 5   a pretty good job down there on that field plowing that

 6   deal, however --"      Then you'd take some of it back, you'd

 7   say "But by God, if I was gonna do that, now I'd have done

 8   it this way," or "Maybe you should have done it that way."

 9   So, But you've got away from that with me.       For a long

10   time, you can me a compliment and not take part of it back.

11   And with Jack, you know, you pay compliments and then you

12   take part of it back. And the farm thing is the same way,

13   Dad.    You give him the farm and then you take it back, and

14   that's really what my frus --

15          (Narration:   End side A of master and began Side B of

16   master.)

17          IVAN J. FAIL:   [INAUDIBLE]

18          LARRY ALLEN FAIL:    Well, that's what happens, Dad.     I

19   know you have your reasons for wanting to get June over

20   there and I have no qualm with that at all.       I mean, for

21   damn sure you want her there, and you'd probably like to

22   have all of us right there within a few miles so we could

23   all be there.

24          IVAN J. FAIL:   [INAUDIBLE]

 1       LARRY ALLEN FAIL:     No, no, no.   Hell, I'll try to get

 2   along with everybody, but I'm gonna tell you one thing.        I

 3   am not going to be intimidated -- June starting in

 4   yesterday about, "Well, you wasn't here for your mom and

 5   now you're not here for your Dad."      And I said, "June,

 6   you're not going to intimidate me with these side shows."

 7   I said, "You know, I told Dad and Mom both, I'll be there

 8   anytime you need me."    And with Mom, I said, "All you gotta

 9   do is make a call."    And I don't know whether you remember

10   it or not, but I told you, "Dad, do you want me back there?

11   Do you want me to come and stay back there?      What do you

12   want?"

13       And you always told me, "There's nothing you can do,

14   there's no reason for you to come back here and stay or

15   whatever it is."    I don't know whether you remember that,

16   but that's what you told me.

17       IVAN J. FAIL:     Sure, I do.

18       LARRY ALLEN FAIL:     And so I said, "Well OK."   But you

19   know, looking back on it, I wish maybe I had come back

20   there and stayed for a while and been with her in her last

21   days.    I didn't know how far it was going to stretch out.

22   I should have known at Christmas of '99 how it wasn't going

23   to last very long.    I should have known that.    Well, I did

24   know that, but I just didn't know what the hell to do.

 1        IVAN J. FAIL:    The whole thing all boils down to the

 2   problem in the whole situation is June.

 3        LARRY ALLEN FAIL:    Absolutely.

 4        IVAN J. FAIL:    Her deal with Gene and the them driving

 5   over here the other day and she said well, they come over

 6   here intending to paint the house.      I said, "Why in the

 7   hell would you want to work painting the house at this time

 8   of -"

 9        LARRY ALLEN FAIL:    Tonia will tell you why they came

10   over there.   They came over there to live in the house and

11   take the house and own the house and keep everybody else

12   off the farm.    That's why they came over there.    Tonia will

13   tell you that.

14        IVAN J. FAIL:    Well, I'll tell you, [INAUDIBLE] so

15   much mixed feelings was about Tonia now.      She told me all

16   the time that Gene beats the devil out of her -- out of

17   June -- and June sat here last night and she said, "Dad,

18   there's not a word of truth in that."

19        LARRY ALLEN FAIL:    Let me tell you who I believe, Dad.

20   I believe Tonia.     Period.   And I'll tell you why.   I

21   believe Tonia because she is not having to deal with that

22   every day now.   She stepped back from it.     She's been away

23   from it.   She can tell the truth without fearing for her

 1   life, and she's not embarrassed by telling it like it is

 2   anymore.

 3   Let me tell you, you can talk to any doctor you want to or

 4   professional -- and I talk to lawyers and professionals all

 5   the time out here -- and the woman that's getting the shit

 6   kicked out of her is the last one to admit it.

 7       IVAN J. FAIL:     Well, I suppose that's right.

 8       LARRY ALLEN FAIL:    It is.   And here's why, Dad.

 9   Number one, they're embarrassed.      They are embarrassed to

10   tell everybody that "I've been a damn sap and I've been

11   sitting there being punched on for all those years."

12   That's hard to tell people.   Furthermore, she doesn't want

13   to rile him up or cause him to be violent, and there's a

14   lot of reasons why June isn't telling you the way it is and

15   Tonia was a -- you know, she's been a psychiatric nurse for

16   a long, long, long time.    She's not stupid.    And she could

17   tell you what causes women -- not only June, not only June,

18   but 90 percent of the battered women that goes through what

19   June has been going through have the same problem with

20   telling anybody.    They really do.

21       IVAN J. FAIL:     Well, she got me in a bind right now.

22   She come over here last night and told me, she said, "Well,

23   I got the whole ceiling out of your kitchen."

24       LARRY ALLEN FAIL:    Yeah.

 1        IVAN J. FAIL:   She ripped that down.    She said

 2   something about the shelves around the chimney, I suppose

 3   on the east side.    When it come that big rain the other

 4   night, got some of that stuff wet, and she tore that all

 5   out of there.

 6        LARRY ALLEN FAIL:    That's OK.   That's no problem, Dad.

 7   That gives her something to do.     That's good for her.

 8        IVAN J. FAIL:   Yeah, but why would she stick to

 9   something like that at this time, when there's so many

10   other things that needs to be settled first?

11        LARRY ALLEN FAIL:    Well, because she doesn't -- look,

12   let me put it this way.    She's very hurt and very

13   frustrated right now, and that is the best damn therapy

14   that she could have right now is doing what she's doing.

15   And not only that, Dad, but building something gives her

16   hope, so don't discourage or on that at all.     Please don't

17   --

18        IVAN J. FAIL:    [INAUDIBLE]

19        LARRY ALLEN FAIL:    No, don't discourage her, Dad.

20   What you should tell her is, "Gosh, that sounds good, June.

21   You got my support on it.    I'm sure the place will be a

22   hell of a lot better."    Please don't discourage her.     I

23   want you to encourage her on what she's doing right now

24   because she needs that.    She really does.   And I know she's

 1   hurting like hell because she may or may not have her

 2   grandkids with her.        And Tonia said the other night,

 3   she says, "I wouldn't take those kids now.    I would have

 4   taken them when they were four or five years old; I won't

 5   take them now."    She said "They're problems."   Gene and

 6   Terry's got them convinced that the FBI and the CIA is

 7   hiding in the woods with listening devices and all this

 8   bullshit.   They're turning into the same paranoid freaks

 9   that Gene and Terry is.

10       I don't know how in the hell to save them from that, I

11   really don't.    And I know that's what June wants to do.

12   She's not going to be as up-front as Tonia and I are about

13   what the problem is, but June knows what the problem is.

14       And you know, June is and what they call a chronic

15   state of denial right now.    She thinks it's all going to

16   work out.   She thinks Gene is going to change.     She thinks

17   Terry's going to change and she thinks it's all going to

18   work out fine.    She told me that the other day.    "Well, I

19   want to fix up the smoke hut for a guest house.      When all

20   you guys come back, you'll have a place to stay."      I said,

21   "June, I'm not going to be here and neither is my kids as

22   long as Terry and Gene's over there."    And I said -- it

23   simply comes down to one thing:    I can be around anybody

24   under certain circumstances.    But when it comes to my kids'

 1   safety and their life and mine, I'm not gonna be there and

 2   neither are they.      Period.

 3          Because you know dead's dead.      You know, she may think

 4   she's right, but you can be dead right, too.        Being dead

 5   right doesn't work.     It's like coming up to a stop light

 6   and you got a green light and you see the other guy coming.

 7   Well, hell, I got a green light; I can go right on through.

 8   Well, sure, you had a green light and you was in the right,

 9   but you got killed.     So that's bullshit.

10          IVAN J. FAIL:   Somebody's got to wake up and get some

11   common sense.

12          LARRY ALLEN FAIL:    Well, that's exactly right.

13          IVAN J. FAIL:   I don't know who it's gonna be.

14          LARRY ALLEN FAIL:    Well, it's got to be all of us.      It

15   doesn't have to be any one of us; it has to be all of us,

16   Dad.    I'm trying,- I’m doing -- I think I'm on the right

17   track until somebody proves me wrong.        I think I'm on the

18   right track in what I'm thinking.        I think Bump's turned

19   around a little bit.       Bump came to me and he says, "Well, I

20   have to tell you --"       And it's hard for Bump to do this,

21   believe me, to admit that he was wrong.        I mean he very

22   seldom does that.

23          But he came to me just before I left and he says, "I'm

24   gonna tell you something.        I have to admit you've been

 1   right about this whole thing."     And he says, "June had

 2   other motives other than coming over and taking care of

 3   Dad."

 4       But you know, this isn't a complicated thing, Dad.            I

 5   mean I don't know why everybody thinks it's so complicated.

 6   It's really not complicated.     The thing of it is June and

 7   Gene convinced June to convince you to convince Jack.        So

 8   in other words, Terry and Gene bribed June, June bribed

 9   you, and you bribed Jack.     Now, you don't think that's what

10   happened, but that's exactly what happened.

11       IVAN J. FAIL:     Well, my gosh, I'm absolutely floored

12   that Jack's got the attitude he has --

13       LARRY ALLEN FAIL:     Well, why wouldn't you think he'd

14   have an attitude, Dad?     C'mon, let's get real here.   I

15   mean, let's get real.

16       IVAN J. FAIL:     What's the reason for it?   There's no

17   reason to take it that way.     He made the decision himself

18   because --

19       LARRY ALLEN FAIL:     No, he didn't make the decision

20   himself.     He agreed to it to avoid conflict with you.

21   Period.

22       IVAN J. FAIL:     I sat there and asked him --

23       LARRY ALLEN FAIL:     He didn't.   He told me here's how

24   it went down.    He said, "I agreed with Dad like I always

 1   agree with Dad.   Dad says, 'Well, I think this is what we

 2   should do.'"

 3       IVAN J. FAIL:    I didn't say that.

 4       LARRY ALLEN FAIL:    That's what he told me.

 5       IVAN J. FAIL:    I said, "What do you think?"     He said,

 6   "I'd like to see June over here.    I'd like to see her

 7   happy.   Whatever you want to do I guess will be all right."

 8       LARRY ALLEN FAIL:    I know that, and he done it to

 9   please you and June.    He'll do anything to please somebody

10   to avoid controversy.    That's just the way he is.    And it's

11   hard to save someone from themselves.     You know, we're all

12   trying to save June from herself and it's very hard, and

13   now I'm trying to save Jack from himself and it's very

14   hard.     Some, the day will come, the day will come, I

15   think -- and Bump said so, too.    The day will come when

16   Jack will come to me and say, "You know something?      I'm

17   glad you did what you did even though you made an ass out

18   of yourself."   And he told me, "The people down at the

19   hospital probably thought we was a bunch of --" I forgot

20   what word he said.   I said, "Well, Jack, there are times

21   when you just got to say --"    I said, "When did you think

22   we should discuss this?"    "Well, later on, when Dad got out

23   of the hospital."    I said, "Well, there's some things that

24   need to be addressed."    I said, "I've learned one thing in

 1   life, Jack.    That if you don't handle something, it handles

 2   you."    And I said, "You're not going to like the way it

 3   handles you as much as you would like the way you handle

 4   it."    And we've all been through that.

 5          IVAN J. FAIL:   It’s a hell of a mess it’s in now, I

 6   hesitate to think what it would be when I drop out of the

 7   picture.

 8          LARRY ALLEN FAIL:   There's no reason for it to be in

 9   any mess.    I mean the bottom line of it is when you drop

10   out of the picture, everybody will have their property the

11   way it was intended to be in the first place, and then they

12   can do whatever they want to.      And I told Jack and

13   everybody that.    I said, "Look, just keep it the way it is.

14   Everybody's got their property; Dad split it up that way.

15   I have no qualms whatsoever with the way he done it."       And

16   I said, "Just leave it alone and then after Dad's gone, if

17   you guys want to do something, that's OK.      That's a

18   different story."      But the way it is now, no.

19          But it was pretty damn revealing to me when Gene

20   turned around and went back to Missouri the other night.       I

21   mean, if he really loved June and had her best interests in

22   mind, he'd have went ahead and moved in and not worried

23   about who owned the farm.

 1       IVAN J. FAIL:    It was revealing because it showed how

 2   stupid he was.

 3       LARRY ALLEN FAIL:     Well, not only stupid, but greedy.

 4       IVAN J. FAIL:    Why would you think he'd drive all the

 5   way over here --

 6       LARRY ALLEN FAIL:    Because he thought he was gonna get

 7   a farm, Dad.    That's what June told him.   Hell, I'd drive

 8   anywhere for a free farm, wouldn't you?

 9       IVAN J. FAIL:    Well, he oughta had more brains than

10   that because you don't get a farm without having it deeded

11   to you.

12       LARRY ALLEN FAIL:    June told him it was deeded to him.

13       IVAN J. FAIL:    I don't know.

14       LARRY ALLEN FAIL:    Why do you think he came over here?

15   He came over because June had told him that they got the

16   deeds signed, and he was under the impression, because of

17   what she has told him, that he owned the farm with her.

18   Period.

19       Now to prove that point, once Bump told him that the

20   deeds were going to stay in Jack's name and he didn't own

21   the farm, he didn't say, "Well, that doesn't make any

22   difference.    We got a place to live and we'll be close to

23   Dad where we can take care of him and we'll work everything

24   out later and that's fine with me."    Oh, no.   No, that's

 1   not what he done.     He said, "The whole deal's blown up!

 2   The whole deal's blown up and I'm just not going to deal

 3   with it anymore and I'm going back to Missouri!"

 4         And as ironic as it is, when he was out of gas and

 5   needed some money and I gave him the 40 bucks, I certainly

 6   didn't give him the 40 bucks mentally knowing OK, fine,

 7   I'll buy your goddamn gas to get you back to Missouri.       I

 8   done it because I just thought he needed the gas to get

 9   back to Missouri, but as it's worked out, everybody wanted

10   me to cooperate.      I cooperated.    You know I helped him out.

11         As it worked out, he's gone.      Now if everybody let's

12   the son of a bitch back in, there's nothing I can do about

13   it.   That's all I’m saying.     But why in the hell would you

14   or Jack, either one, ah, support a situation that can turn

15   violent in a second and get somebody killed?       Now, I know

16   you guys may not believe that's possible, but it's

17   possible.   How long do you think he'd tolerate Frank Greve

18   coming round there?      Huh?

19         IVAN J. FAIL:    I don't know.

20         LARRY ALLEN FAIL:    Not very damn long.    Not very damn

21   long. Not very damn long. Hey, this is my farm, Frank.       You

22   know, you stay off my farm.      This is my farm now.   See, we

23   don't need your help over here, Frank.       Me, me and Terry

24   can handle it all.     And you don't want the kind of a

 1   goddamn mess. You really don't. But you do what you want to

 2   do and Jack can do what he wants to.     I just --

 3         IVAN J. FAIL:   There's nothing I can do.    I'm just

 4   sitting here unable to do anything.

 5         LARRY ALLEN FAIL:   What do you mean there's nothing

 6   you can do?    You're still alive and you own the real

 7   estate, Dad.   Period.

 8         IVAN J. FAIL:   Yeah, but I've been depending on Jack,

 9   and Patty --

10         LARRY ALLEN FAIL:   No, look, don't pass the buck,

11   Pops.   Don't pass the buck.   And if you need me there or

12   Bump there to enforce your wishes, we're behind you.       So

13   don't, don’t   go soft on me now, Dad.   You own the real

14   estate.

15         IVAN J. FAIL:   I ain't going soft on anybody, but

16         LARRY ALLEN FAIL:   Good.

17         Ivan J. Fail: I, just ah,

18         Larry Allen Fail: So here's what, here’ what     I would

19   do.   I would let June go ahead and I'd encourage the hell

20   out of her, Dad, on doing that house because she needs the

21   therapy right now.    She's hurting real bad.     She's hurting

22   for a variety of reasons. She's hurting because Gene and

23   June, I mean Gene and Terry and the grandkids may or may

24   not be, well may or not be there,    I don't know whether

 1   they're going to be or not, but at this point in time, she

 2   may think they're not going to be there.      But maybe they

 3   are, I don't know.    Maybe they're going to pull it off and

 4   you're going to go along with it and Jack's going to go

 5   along with it and everybody's going to go along with it and

 6   so on and so forth.

 7       But the bottom line of it is, that ah, now that he

 8   knows he's not getting the farm, even though he knows it

 9   when he moves there, he's going to be so goddamn resentful,

10   he's going to make life so miserable for everybody, you

11   ain't even gonna believe it.

12       IVAN J. FAIL:     Well...

13       LARRY ALLEN FAIL:     I'm serious.

14       IVAN J. FAIL:     Let's just forget it for now.    I'm so

15   damn weak and tired and --

16       LARRY ALLEN FAIL:     Look, I'd want to bother you with

17   all this shit.

18       IVAN J. FAIL:     Sick of it tonight

19       LARRY ALLEN FAIL:     I know, Dad.     I know, Dad, but it -

20   -

21       IVAN J. FAIL:     that for sane people.

22       LARRY ALLEN FAIL:     Here, let me say something.    It's

23   not that complicated.

24       IVAN J. FAIL:     Well, you say that but --

 1       LARRY ALLEN FAIL:    It's not.   No, the bottom goddamn

 2   line of it --

 3       IVAN J. FAIL:    It is.   If nobody will wake up at least

 4   and smell the salt -- and that's what's happened with June

 5   and Gene --

 6       LARRY ALLEN FAIL:    But that's nothing we can do --

 7   it's not complicated because that's just the way it is and

 8   there's nothing we can do it, OK?    But we don't have to get

 9   sucked into the vacuum cleaner because we want to please

10   everybody.    You can't please everybody.   You got to please

11   the people that you think is right, starting with yourself

12   first.

13       IVAN J. FAIL:    The damn thing that upsets me is how

14   come -- just go back there to Jack?    That hurts me worse

15   than anything because good God, I didn't think I'd ever

16   done anything to make him that upset with me.

17       LARRY ALLEN FAIL:    Dad, let me be real frank with you.

18   You have for years, and Bump will agree with me and Jack

19   will agree with me and June will agree with me, but they

20   may not tell you.    And I'm not blaming you for it in any

21   respect other than for some reason -- and it started a

22   long, long, long time ago and you don't change those things

23   in an instant.    Is that, in other words, you've always been

24   a take-charge type of guy, Dad.   And there is,   You really

 1   have been.     I mean, that's how you could get things done,

 2   because you took charge of things and you made things

 3   happen and you knew what had to be done to get it done.

 4   And the take-charge type of person, sometimes, ah,

 5   situations like this come up because of that.

 6       Now, if you're dealing with people that can stand on

 7   their own and make themselves known to you and get your

 8   attention and get your corporation, that's OK.     But if

 9   you're dealing with somebody that's intimidated by you,

10   maybe even through no fault of your own, but through the

11   fact that they're just a, a, type of person that can't

12   stand up -- and Jack can't stand up to anybody, Dad, you

13   know that.     It's not only that he can't stand up to you; he

14   can't stand up to anybody.     You look at, you look at

15   Starbuck or you look at anything else he's done, the only

16   reason –When

17       IVAN J. FAIL:     I go back to the point, ah, you know, I

18   blamed your mother at the time for taking so damn much part

19   in, whatever he wanted to do when he was down there at high

20   school.   Then he got in trouble and he wound up going up to

21   June's and going to school up there.

22       LARRY ALLEN FAIL:      Yeah.

23       IVAN J. FAIL:     Then when he come home and finally

24   graduated, he wouldn't listen to me at all, that, that damn

 1   going to Vietnam.   He was bound and determined to do that.

 2   And I tried to talk him out of it, and then I went along

 3   with him and he finally got married, which was wrong and I

 4   tried to tell him that.

 5       Larry Allen Fail: Sure.

 6       Ivan J. Fail: Sure I tried to get him advise, but by

 7   God I can see far enough down the road to see,

 8       LARRY ALLEN FAIL:     Absolutely.

 9       Ivan J. Fail: he's gonna get in trouble.

10       Larry Allen Fail: Look, I mean, I didn't, I didn’t,

11   dad I didn’t listen to a lot of things you told me, too,

12   and I wish to hell I had have in a lot of cases and I'd've

13   been a lot better off if I had have.

14       IVAN J. FAIL:   That’s sure, Sure I wanted him out on

15   the farm, but Sharon is the one that messed that up.    She

16   wouldn't live down there. But Jack, on the other hand, came

17   out there at the farm and stayed, and he didn't, you talk

18   about the way I treated him.    He didn't treat me -- he

19   didn't take an interest in stuff, and try to – he, he, if

20   he could get in that old car and go someplace,

21       Larry Allen Fail: I know.

22       Ivan J. Fail: He'd go and let his mother make the

23   payments on the damn car and the insurance,

24       Larry Allen Fail: Sure.

 1        Ivan J. Fail: and all that other crap.

 2        Larry Allen Fail: I understand.

 3       Ivan J. Fail: He done that year after year after year

 4   after year.

 5        Larry Allen Fail , Yeah.

 6        Ivan J. Fail: and ah, he hasn't always been just

 7   exactly --

 8        LARRY ALLEN FAIL:    Oh, no, I’m not, look Dad, I'm not

 9   saying that at all.    That's not the point.   I mean let's

10   not mix apples and oranges here.    I'm not saying that.   I

11   mean there's lots of things that he -- I'm not saying

12   Jack's perfect at all and I'm not really standing up for

13   the things that he's done wrong, and I don't want anybody

14   standing up for the things that I've done wrong, or or

15   misjudged or something. That's not the point. The point is

16   that he has never been able to stand up to you. And you

17   know it's pretty, it’s pretty pathetic, if he can't stand -

18   -

19        IVAN J. FAIL:    We may, we may be a airin'

20        Larry Allen Fail: Uh?

21        Ivan J. Fail: We might airin dirty linen here to

22   everybody to everyone in the neighborhood, I don't know,

23   but I heard, over heard Randy and June talking the other

24   night.   Well June was blaming you for the whole thing and

 1   Randy’s, Randy’s going along with it, and this opens, this

 2   opens up another bucket of worms, for Chrissake.

 3          LARRY ALLEN FAIL:   Well, look, Randy is telling me

 4   "That's between Jack and June; it's none of your business."

 5   I said, "Look, Dad's still alive; he owns the real estate

 6   and I want to tell you something.       Ah, ah, the fact that

 7   Gene and Terry conned June, and June conned Dad, and Dad,

 8   and dad told Jack how it was going to be is bullshit.         This

 9   whole thing smells really bad."

10          And when I, when I got back there, I didn't know

11   exactly what was coming down, but when I know something's

12   haywire, I know something's haywire and it doesn't smell

13   right.    Just certain things don't feel right and you know

14   something is wrong, and by God, I finally got it figured

15   out.    So I, I think -- I think I’ve mission was

16   accomplished, I got it figured out, and, and that's what

17   happened. I mean, everybody, maybe not everybody would

18   agree with me, but Randy – ah, I like Randy but, you know

19   he, let's be frank about one thing.       He damn sure doesn't

20   have all the answers.      Period.   Now he thinks he does.   But

21   ah, but I don't have all the answers either.       But on this

22   situation, I don't know why people can't see what I'm

23   saying, but I don't want everyone to find out the hard way,

 1   and I sure as hell don't want a, say "I told you so."       I

 2   don't think I'll ever say that regardless of what happens.

 3          IVAN J. FAIL:   All of us have to get down to one

 4   point, There’s nobody to blame for this thing, that can

 5   straighten it up, and heal it up, only June.

 6      Larry Allen Fail: Yeah.

 7          Ivan J. Fail:   That's the only thing to say about it,

 8   but.

 9          LARRY ALLEN FAIL:   You started to say something, You

10   started to say something about Randy.      What was you going

11   to say?

12          IVAN J. FAIL:   Well, all I know was that she was

13   talking to him on, on the phone you see, you could hear

14   both places.

15          Larry Allen Fail: Sure, sure.

16          Ivan J. Fail: Wouldn't surprise me a bit if she aint

17   sitting on the phone over there right now.

18          LARRY ALLEN FAIL:   That's OK.   I don't care.   I mean,

19   I'd say the same thing I'm saying right now if she was

20   listening.    I really would, Dad.

21          IVAN J. FAIL:   But the thing about my situation is, I

22   don't now how to solve it.     Somebody got to get some common

23   sense on the table.

 1         LARRY ALLEN FAIL:   Well, all I'm saying is, number,

 2   number one, don't make any fast decisions without

 3   consulting everybody else.

 4         IVAN J. FAIL:   I didn't think I did.

 5         LARRY ALLEN FAIL:   Oh, yeah, you did.    And let me say

 6   this much.   I consider myself part of this family until

 7   they tell me I'm not. If everybody wants to say, "Hey, butt

 8   out   you're no longer a part of this family," that's OK, I

 9   can, I can do that and I can handle it.       But I'll consider

10   myself part of this family and I'll make myself known as

11   long as I'm a part of the family. You understand that?

12         IVAN J. FAIL:   Yep, I sure do.

13         LARRY ALLEN FAIL:   OK, that's where I'm coming from.

14   But as far as Randy's concerned, I mean really Randy, it's

15   none of Randy's business, one way or another, but Randy's

16   got this idea that it's between Jack and June.       And that's

17   not true; it's between all of us.       And, and if I can see

18   what's happening here, as I think I am, and I don't speak

19   my mind and then Jack starts whining two, three, four years

20   from now "I got screwed out of my farm just because Dad was

21   wanted his way and June wanted her way and blah blah blah

22   blah blah, and goddamn, I wish to hell you'd a said

23   something or you'd have given me a hand or --"

 1       IVAN J. FAIL:    The stupid part of that whole thing is

 2   they ain't screwed out of anything.    He is inherit more

 3   money -- more value out of their three other properties

 4   than they would the whole place.

 5       LARRY ALLEN FAIL:    Well, that's debatable, in my

 6   opinion, but let's not go into that.    That's really not the

 7   issue right now, as far as I'm concerned.

 8       IVAN J. FAIL:    Let's just forget it 'til you guys get

 9   something figured out.

10       LARRY ALLEN FAIL:    There's basically two issues right

11   now and it's not complicated.    You need to get those deeds

12   voided and you need to protect yourself and the rest of the

13   family against somebody that's going to be a threat to you

14   and you know who that is.

15       IVAN J. FAIL:    Got to get to town to go to Rubow and

16   see what's happening, I don't know exactly what's happened.

17       LARRY ALLEN FAIL:    I called the sheriff the other day

18   and had him come over and talk to me.    They came over and I

19   sat down and told him the whole damn thing.    I gave him

20   different phone numbers and I said, "Look, I want you to

21   know what's going on here, because I don't want to have to

22   have somebody explain this to you after the fact.    I'm

23   explaining it to you up front.    And I want you to know

24   what's happening."   And I said, "This is serious, very

 1   serious situation.    I take these guys very serious."   And I

 2   said "And I may call you if I have any problem getting out

 3   of here."    But it was not only me getting out of there;

 4   it's that I wanted them to know exactly what's going on for

 5   June and you and Jack and Bump. And I you know,

 6       IVAN J. FAIL:    I'll tell you let that know Larry, I

 7   think that was a mistake.

 8       LARRY ALLEN FAIL:    No it wasn't.   Damn sure was not a

 9   mistake.    I told, I told June, "You're bringing somebody in

10   here that's going to be a threat to everybody and I don't

11   like it."    And I'm telling you, I don't like it.   But you

12   can do it, and she can do it if you want to.    That's fine.

13   But he's going to be so goddamn resentful.    How in the

14   hell, how in the hell can you accept, the fact that he

15   wouldn't come go ahead and stay there after he found out he

16   wasn't going to get the deed to the house?    How in hell can

17   you accept that?

18        Ivan J. Fail: Well I can’t.

19        Larry Allen Fail: How can you let the son of a bitch

20   come over there knowing that's how he feels?

21        Ivan J. Fail: Well.

22        Larry Allen Fail: I mean, it's dangerous, Dad, it is

23   dangerous.

 1       IVAN J. FAIL:    Just forget it.   I can't keep it on my

 2   mind any longer.

 3       LARRY ALLEN FAIL:     I'm sorry.   Well, let's get on

 4   another subject.    I just want you to know I want to know, I

 5   want you to call me anytime you want to, feel like talking

 6   to me, and maybe you don't want to talk to me anymore

 7   because you don't like what I say.     [laughing]

 8       IVAN J. FAIL:    No, that’s not it Larry, I've been on

 9   your side in this thing all the way and you know it,

10       Larry Allen Fail: Well.

11       Ivan J. Fail: back, back, back to as far as time began

12   on this deal.   If it hadn't been for Larry, there wouldn't

13   any of us been in this shape.    So, I ah,   you know, you,

14   hell yes, you've made some mistakes, but the other guys

15   need to look at their track record, I've done, sat there

16   and watched them make mistakes and bailed them out of all

17   kinds of trouble,

18       Larry Allen Fail: Right.

19       Ivan J. Fail:    Paid them money and helped them and

20   helped them and helped them,

21       Larry Allen Fail: Yeah.

22       Ivan J. Fail: so –

23       Larry Allen Fail: But,

 1       Ivan J, Fail: I don't feel good and I just don't want

 2   to discuss it, I can’t.

 3       LARRY ALLEN FAIL:     I know, Dad, but, but I'll just

 4   leave you, I’ll leave with this:     We've got to deal with

 5   what's happening today.    That's all I'm trying to tell you.

 6   And so you need to make your wishes known, and I'll tell

 7   you right now, if you need for me to be there 24 hours a

 8   day, seven days a week, all you've got to do is tell me and

 9   it's a done deal.

10       IVAN J. FAIL: Well I don't want you to do, and I’ll

11   talk to you later.

12       LARRY ALLEN FAIL:     Do you understand what, Do you

13   understand that?

14       IVAN J. FAIL:    Yes, I understand.

15       LARRY ALLEN FAIL:     OK.   I just, I want you to remember

16   that because --

17       IVAN J. FAIL:    You want to mess with the whole

18   situation --

19       LARRY ALLEN FAIL:     Yeah,

20       Ivan J. Fail: We all do.

21       Larry Allen Fail:     But you don't have to give me

22   something to get me to do that, Dad.      All you've got to do

23   is ask me.

24       IVAN J. FAIL:    I know, I know that.

1       LARRY ALLEN FAIL:    OK.   I'll leave you with that.

2   Love you.

3       IVAN J. FAIL:   Take care.

4       LARRY ALLEN FAIL:    You betcha.   Bye-bye.

                         *    *    *   *   *


    I, JULIA HULSE, do hereby certify that the foregoing

is a correct transcription of an audio tape recording

between Ivan J. Fail and Larry Fail, provided to me by

Larry Allen Fail and labeled as an interview recorded June

4, 2005 2005.

                                                   Julia Hulse

                                                   Date signed

Subscribed and affirmed before me in the City and County of

Denver, State of Colorado, this _______________ day of

________________, 20_____.

                                   Notary's Official Signature

                                    Commission Expiration Date


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