NEW: The Gideon's Trumpet Award
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THE PILOT EPISODE
Act I
Act II
Act III
Act IV
Act V
ACT 1
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CHRIS KELLY, (white, 36) is getting ready for work and his kids - AMY (14), and BRIAN (8) - are getting ready for school in KELLY's apartment on Chase Street in downtown Baltimore. The place has a transient feel, since KELLY has only been there for the two months since he left the family home in suburban Roland Park. Last night, KELLY had the kids there overnight.
KELLY is practicing his argument for an upcoming sentencing while he shaves.
KELLY Your Honor, I have spent months poring over my client's file and his history in order to be able to tell you about all of the positive aspects of his life and I haven't been able to find one good thing to report. I don't count siring 4 babies by 3 different babies' mamas. I don't count holding a job for 20 minutes while in high school. If you could only get to know him as I have, you would smack him and give him the maximum sentence. Just spin that wheel. If it doesn't come out right for my client, how about best out of three? And judge, I've got to do this with a straight face. Your Honor, let me simply say he wasn't as bad some of the time as he was most of the time and you should see his brother!!
BRIAN (8) enters.
BRIAN Have you seen my soccer shirt?
KELLY Check the laundry bag.
BRIAN Ok. (beat) Um, who were you talking to?
KELLY I was practicing my speech for the judge. If I practice, it's easier to do it with a straight face.
INT. KELLY'S APARTMENT LIVING ROOM - MOMENTS LATER
AMY (14), folds up the sofa bed, puts on her jacket and takes a bite of an apple. BRIAN puts his cereal bowl in the sink. KELLY enters, pumped.
KELLY Ok kids, hustle up! Let's go, let's go!
KELLY puts a stack of papers into a legal file folder, tucks the folder under his arm, and the three head out the door.
CUT TO: THE FAMILY approaches the car, parked at the curb. the driver's window has been smashed, and the glove box is open. There are CDs, papers and glass all over the front seats.
AMY (picking up a John Denver CD) Looks like the guy didn't like your taste in music.
KELLY (pissed) Hey, that's a good album. The guy who did this is probably some goddamned client I got off last week.
AMY There are a lot of people on drugs. He probably needed money for heroin.
KELLY How do you know?
AMY We learned about it in social studies.
BRIAN Whoever did this ought to be in jail forever.
KELLY Right now I agree with you. But, when you think about it, it's just a window - it can be replaced. No one got hurt. I'll tell you what. Instead of prison, how about if I run them over a few times.
BRIAN Yeah, dad! That'd stop them.
Avoiding the glass in the passenger seat, the kids climb into the back.
KELLY pulls out into the street.
CUT TO: EXT. BALTIMORE CITY COURTHOUSE - MORNING
KELLY and WILLIAMS (black, female, 30) run up the marble steps. They're late.
WILLIAMS Where are you going?
KELLY I've got a trial in front of Joe Howard and a sentencing in front of Murphy. I'm about to get 20 or 30 years from Murphy. But I guess the guy deserves it.
WILLIAMS That's experience for you…two places at the same time. Enjoy! I've got a sentencing with Ross.
KELLY Oh, good fucking luck!
WILLIAMS Yeah, I know. KELLY He's tough, but he's fair. At least he acts like a judge should act.
WILLIAMS Yeah. Don't you hate it when they know what's going on?
THEY rush off in opposite directions.
SHOW INTRO
We enter the busy and majestic Baltimore City Courthouse from above, passing through the artglass skylight and down through the pristine marble and wood courtrooms, where court is in session. We pass into one Judge's chambers where he is putting on his robes over a sharp silk suit, and into another Judge's chambers - she's all business and is holding a meeting with her clerk and a prosecutor.
We head back out into a hall where two lines of prisoners, chained together at the ankle and waist, pass each other. One inmate recognizes another and calls out a friendly greeting - there's no stigma or shame there.
We speed down the white marble staircase, past attorneys talking to their clients and Sheriffs and court reporters heading to work, and then down into the basement Bull Pen and the cells filling up with inmates - the ninth circle of hell. We see the bull pen empty, then full, then empty again - the churn of the system.
We cut to the Public Defender's office, to our cast members at their desks. Each desk has different personal details - KELLY's has pictures of his kids - but all are piled high with case files. We zoom in on the endless paperwork: exhibits, motions lists, mandatory sentencing guidelines, verdict sheets, etc. The administrator drops a stack of paperwork atop the pile already towering over KELLY's desk.
We see a photos of the judges of the Maryland Court of Appeals and the Circuit Court for Baltimore City. A judge spins a roulette wheel marked with "15 years", "Probation," "Life Without Parole," etc. We see a rope, a gurney, a Notice of Intention to Seek Death, a death warrant, the empty gas chamber, still and waiting.
We cut to a van with guards riding on the outside, en route to the penitentiary. Inside the pen, we see inmates hanging out in the yard, watching TV in their cells, having a fist fight, smoking pot, one man in solitary confinement, shackles.
We pass through the line of waiting visitors and go through the security gauntlet - scanning and checking I.D.s and clanging gates - and enter the interview room, where an inmate in an orange jumpsuit is brought in to meet with his attorney. We zoom in to some graffiti carved into the wood on the attorney's side of the booth. It reads "God give me the strength to deal with these schmucks!"
CUT TO: JUDGE MURPHY. COURTROOM 5.
KELLY in courtroom for sentencing that he practiced in the morning. He's serious, impassioned. Jail guard SARGE (40, black, hulking), watches the proceedings.
KELLY As you consider the sentence you intend to impose on this young man, it is imperative that you consider his upbringing. My client and his actions are the product of his poverty-stricken environment. He was raised by a single mother in the worst section of Baltimore City…
CUT TO: KELLY(CONT'D) He attended school at the worst school in the State of Maryland. Last year only 2% of the class passed the English proficiency test…
CUT TO: KELLY(CONT'D) Your Honor, It's no excuse for this murder, but it is the reason that he should not be sent to jail until he is an old man. What chance did he have? He only saw his father from time to time, generally when his mama's welfare check came in. He had no positive adult male role model in his life. No one showed him how to be a man…
CUT TO: KELLY(CONT'D) As Karl Menninger says in Crime and Punishment, “No judge can possibly know whether 2, 3, 20 or 50 is the appropriate amount of time to remove someone from society so they no longer would be a threat to society”…
CUT TO: KELLY(CONT'D) Do you understand the sentence that the court has imposed upon you? You have 30 days to note an appeal to the Court of Special Appeals, 90 days to ask this judge to reconsider this sentence that he has imposed and 30 days to request a three-judge panel selected from the Circuit Court of Baltimore City to examine the sentence. But, I must warn you while they could decrease it or leave it the same they also could increase it to the maximum allowed under the statute.
KELLY walking down the stairwell with DEFENDANT(black male, 22)and SARGE to the bull pen.
DEFENDANT No need him giving me all that fucking time. Jesus, I'll be an old man when I get out.
KELLY You won't be as old as Sarge! I know it's tough.
DEFENDANT I got to get that judge to take some of that time back. I mean, I don't mind doing the time I'm owed.
SARGE opens the gate and puts DEFENDANT in the side cell of the bull pen. The Bull Pen is a holding tank in the basement of the 100 year-old courthouse. We see two large cells containing 80 inmates, mostly black men, who have been bussed from various Maryland correctional facilities to be tried for crimes committed in Baltimore City. Some of the inmates are eating sandwiches and drinking grape juice. Some are talking to one another. Some are sitting alone. The room is loud and hot, and it smells like anger and sweat. Only defense attorneys and correctional officers are permitted in the Bull Pen. Throughout the day, the inmates will be brought upstairs to the criminal courts.
KELLY Another unhappy customer. And, I don't blame him.
SARGE You can't win 'em all, man. You had nothing to work with. 'Cause if you had…I've seen you work out.
KELLY Thanks.
SARGE Hey, I just heard a rumor that you're single again.
KELLY Yeah, again. Great, huh?
SARGE You have two kids don't you? You brought them in here one day.
KELLY I never did thank you enough for that day. They had a great time in here playing “lockup”, as they call it. They joke about it. Thanks, man.
SARGE Hey, the kids are the only innocent ones I know. How're they doing?
KELLY It's only been two months so everything's still chaotic. I've got a 3 bedroom apartment on Chase Street.
SARGE Hey, life is what happens to you when you're making other plans. Sorry, man. I've been through it myself.
KELLY She's kicking my ass in court.
SARGE Well, how'd you like that. A little change of pace for you, huh? The hammer becomes the nail. Hang in there, man. Time heals all.
KELLY Is your stepson still playing ball?
SARGE Yeah, but there's a lot of competition. A lot of testosterone and talent out there. In here, too. Who're you looking for?
KELLY Bobby Peacherd. Did they bring him over?
SARGE (looking at the list) He's here. Help yourself!
KELLY Damn it! I was hoping they'd overlook him. Peacherd? Bobby Peacherd? Yo, Bobby!
BOBBY PEACHERD (17, skinny, pretty and white with short brown hair) approaches the bars from within.
PEACHERD (quietly) I'm here, Mr. KELLY. Good to see you again.
INMATE #1 Hey, man, are you a lawyer or a public defender?
KELLY I'm both.
INMATE #1 Can I ask you a question? I'm charged with...
KELLY It's not a good time, man - here's my card - I'll help you out if I can.
KELLY hands his card through the bars and indicates to a GUARD that PEACHERD is his client. The GUARD lets PEACHERD out of the cell, and leads them to an INTERVIEW ROOM.
CUT TO: INT. INTERVIEW ROOM, BULL PEN - MOMENTS LATER
KELLY We're going to trial today. It's your first time through this, so it makes sense if you're nervous. Why wouldn't you be? I've tried hundreds of cases and I get scared shitless sometimes - and it isn't even my ass on the line.
PEACHERD (nervous) Ok.
As KELLY speaks to PEACHERD, we see the story of PEACHERD's crime played out underneath KELLY's V.O.
KELLY (V.O.) Here's the deal. Armed robbery has no minimum sentence, but the max is 20. We've also got to worry about the gun charge - that carries a 5 year minimum and a 20 year max of which you'd have to serve at least 5 with no parole. I'm not trying to scare you - you're not going to get the max no matter what.
UNDER KELLY'S V.O. DISSOLVE TO: EXT. DENTIST'S OFFICE - DAY PEACHERD standing in a circle with a GANG OF THUGS - he looks passive as one of the MEN points at him and hands him a gun. He has long hair, and he looks much scummier than he does in the BULL PEN.
CUT TO: INT. DENTIST'S OFFICE - DAY PEACHERD enters DENTIST'S OFFICE with GANG OF THUGS. As the GANG holds the place up and takes cash and jewelry from the people in the waiting room, PEACHERD stands in the middle of everything like a deer in the headlights, holding the gun by his side. A dental assistant is accosted at gunpoint. She asks him for help, but he just stands there, frozen, wishing he was invisible.
BACK TO: INT. INTERVIEW ROOM, BULL PEN
KELLY You've pled not guilty and we've chosen a jury trial. We're in front of Judge Howard. He's black -people say he's racist, but he's not. Since it's your first offense he may go easy on you, but the State won't. I know the prosecutor pretty well, and he fights like hell. Good thing for you, I do too, and I really want to beat him. Do you have any questions about any of this?
PEACHERD (clearly scared) I don't think so.
KELLY OK. If anything doesn't make sense, just ask. Remember - everything we do in court is calculated to help us win. If I put my arm around you, it's not because I want to get into your pants, it's because I want to show that you're not dangerous. Ok?
KELLY gets up to leave.
KELLY (CONT'D) Oh, this came for you at my office.
KELLY hands him a hand-addressed letter in a pink envelope.
KELLY (CONT'D) It's from your mother.
PEACHERD (confused) I don't have a mother.
PEACHERD runs his finger over the handwriting.
KELLY You do now.
SARGE (WATCHING, SMILING) HE LETS KELLY OUT. Alright!
CUT TO: INT. BULL PEN - MORNING
BILL SMITH (white, cynical, 45) and MIKE ROBINSON (black, fresh-faced, 25) are arguing with clients COVINGTON (black, 22) and COPELAND (black, 21) through the bars of the BULL PEN. Some of the OTHER INMATES are listening in, amused. COVINGTON does all the talking for himself and COPELAND.
COVINGTON (angry) I don't want no jackass from the State representing me. Last time I made that mistake you got me 15 years. No offense, but this is my life in here. I want a REAL lawyer -- one I got to PAY for.
SMITH You want us off the case?
COVINGTON That's what I said.
SMITH (trying to remain professional) We tried our best the last time but I might want to remind you that they caught you at the scene of the crime with police bullets in your leg. You got yourself the 15 years. You didn't need a lawyer for that one, you needed a magician.
INMATE #2 Man thinks he's fuckin' Dave Chappelle.
SMITH We're here to represent your best interests, but if you think you have a better plan...
COVINGTON It's a free country. So they say.
SMITH So they say. But no matter what mouthpiece you've got, the prosecution doesn't like men who shoot cops. They think you got lucky with that 15 year sentence. They're going to do whatever they can to keep you locked up tight forever.
ROBINSON (tentatively) Mr. Covington, it is the State's obligation to provide you with the best possible...
COVINGTON I know all that shit. This ain't no fucking game! You meet me a few times and then come down here and offer me some fucking plea so I'll get slammed again!
INMATE #3 They're part of the program, man!
ROBINSON Mr. Covington, under the Sixth Amendment to the Bill of Rights you are guaranteed...
COVINGTON throws a cup of grape juice (part of the prison meal) on ROBINSON. the front of ROBINSON'S white shirt is stained. Several of the other inmates cheer and high five, saying, "Save some for my lawyer!" etc.
COVINGTON Shut the fuck up. I said what I said. I'd rather represent my SELF than have you fuckers working for me.
The other inmates yell at them to get out. The tension is rising fast.
SMITH Much as I'd love to, I doubt the judge will let me file my disappearance in this case. The only choice other than us is self-employment. I hope you know your case law.
COVINGTON Get the fuck out of here.
SARGE We're all gonna respect one another down here. That means everyone. It just works out better that way.
INMATE Hey, you know the deal man. You see it every day. Mr. Good News comes over and tells us we've gotta take all that time. And, he tells one guy he's gotta take 10 years and another guy he's gotta take 30 years. I'd like to get his fat white ass in here for 20 minutes. Then see--he'll be shitting himself. He be begging to get out.
SARGE Did you hear me saying life is fair? I can only make sure we treat people with respect down here. I said respect. That's the only way it's going to work.
SMITH and ROBINSON make a quick exit. They talk as they go.
ROBINSON How can you file your disappearance?
KIRK You can't - I just made that up to amuse myself. Once you've filed your appearance, that's it - we're stuck with those assholes and they're stuck with us.
CUT TO: INT. INTERVIEW ROOM, BULL PEN - MOMENTS LATER
AMY MILLER (white, pretty, 32) is meeting with client ROMEO WATTS (black, handsome and smooth, 30).
MILLER (holding out her hand) Amy Miller, Public Defender.
WATTS (sucking his teeth) You sure you're a lawyer? Goddamn! You too HOT to be a lawyer.
MILLER (pressing on) I'm going to be representing you against the State. They believe you're responsible for an armed robbery at the "Earl of Sandwich" restaurant three blocks from the courthouse...
WATTS (interrupting) Are you wearing a bra under that sexy suit, Miss Miller?
MILLER Mr. Watts, I am your attorney and it's imperative that we respect each other. If you're not comfortable... Watts Naw, I'm comfortable, I'm comfortable. I'm sorry - it's just been a while since I was in the presence of a lady.
MILLER Are you aware of the State's charge against you?
WATTS Yeah, but I didn't do nothing.
MILLER Have you read this? (holds up the State's report)
WATTS Yeah.
MILLER Well, I want you think of it as the Bible. This is everything the prosecution thinks they can prove...
As WATTS speaks to MILLER, we see the story of WATTS' crime played out underneath his V.O. What we see does not match up with the story he's telling his Public Defender.
WATTS V.O. Which is nothing. You see I was just sitting on the stoop, resting after a long day of looking for a job, when my cousin came by and returned a jacket he had borrowed from me two weeks earlier.
UNDER WATTS' V.O. DISSOLVE TO:
INT. EARL OF SANDWICH TAKE-OUT RESTAURANT - DAY
ROMEO WATTS enters the front door. He pulls a gun on the CASHIER and demands all the money in the register. The CASHIER puts the money into an Earl of Sandwich bag and hands it over. WATTS puts the money and the gun into the pocket of his coat and rushes out of the store.
WATTS (ConT'D v.o.) I put the jacket on, 'cuz I was chilly, and when I put my hands in the pockets, I found the gun and $200 in cash. That's when the police came rushing up.
BACK TO: INT. INTERVIEW ROOM, BULL PEN - CONTINUOUS
MILLER Do you seriously think a jury is going to believe that?
WATTS (smiling) Can you do any better?
MILLER Unfortunately, I don't think I can.
MILLER sees KELLY leaving the BULL PEN.
MILLER (CONT'D) Hey Chris, want to trade cases?
KELLY What, he's not your type? Sorry, sweetheart, he's all yours!
CUT TO: INT. STAIRWELL BETWEEN BULL PEN AND FIRST FLOOR - MORNING
ROBINSON (frustrated) There's no reason for them to act so hostile.
SMITH (jaded) They have all the reason in the world to be hostile. Fuck, anyone born poor and black in Baltimore City is bound to be hostile.
ROBINSON I was born poor and black in Baltimore City, but I never shot anybody. We're just trying to help...
SMITH It's just another day on the job. Never forget who you're dealing with. These guys shot cops - you want to know what they'd do to you? You want payback? Watch them get 40 years each.
ROBINSON That doesn't seem fair.
SMITH Fair? For fuck's sake, you think this is about fair? This is about SURVIVAL -- mostly ours.
SMITH points to the door of the BULL PEN.
SMITH (CONT'D) The civilized world ends at this door. There are psychos, killers, rapists, pedophiles - did I mention KILLERS? - in there. You gonna be a social worker, try to figure them out? Save your time. Just represent them and keep your nuts covered. That's rule number one.
ROBINSON But...
SMITH Protect yourself at all times. Live to fight another case. I remember those first few months when I used to stay up at night worrying that an innocent client would be convicted....you better forget that crap, or you're not going to last. Our guys are guilty as sin.
ROBINSON It's not our job to decide...
SMITH Everything they taught you in law school was in books. This is our great Constitution in action.
ROBINSON Is that the way everyone feels? Just survive? What about Kelly? They say he loves to fight and is as good as Alan Maxwell.
SMITH You want him as a role model? He's a piece of work---loves to argue, gets off on the game.
ROBINSON The game?
SMITH Yeah, getting as many of these rotten bastards off as possible.
ROBINSON But that's good for a PD, isn't it?
KIRK Yeah, yeah. Great. But he goes overboard. He's always over the top. You want him as a role model? He's already fucked up two marriages and he's not yet 40. He's always played as hard as he worked. And, he works real hard, I'll give him that.
ACT 2
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INT. COURTHOUSE CENTRAL HALLWAY
There is a big board, like in Grand Central Station, listing all the cases for the day and which courtroom each is assigned to. There are hundreds of new cases every day taking place in 6 courtrooms (on top of the unfinished business from yesterday and the day before). Attorneys stand under the board looking for their cases, as people rush past on courthouse business. As the board turns, it makes a churning noise, adding to the feeling of barely contained chaos.
ANDERSON Where are you?
WILLIAMS I'm in Two for an arraignment, but I've got a sentencing in Three - how am I supposed to be in both places? Would you mind telling the clerk I'm going to be late? Exasperated, they rush off in opposite directions.
CUT TO: INT. JUDGE JONES' CHAMBERS JUDGE
JONES (black, female, 50, kind and fair) is getting ready for the day's deluge. She is in chambers with her LAW CLERK, LIZZIE (white, 25) and a PROSECUTOR, RICH HOSCH (white, 38).
JUDGE JONES What do we have this morning, Lizzie?
LIZZIE Six cases on the docket. No trials. Probation violations on the back burner.
HOSCH We have pleas on five of the cases. We might have to drop the other one because we can't find a witness.
JUDGE JONES When will we know about the pleas?
HOSCH The P.D.s are in the Bull Pen - when they come back I'll let the court know.
JUDGE JONES You've got it. Lizzie, let the probation officers know they're on call. (on a personal note) Rich, how are your kids? The last time I saw them they were in footie pajamas.
CUT TO: EXT. JUDGE HOWARD's CHAMBERS
There is a group of lawyers waiting outside the door to JUDGE HOWARD's chambers. They are getting antsy.
CUT TO: INT. Judge Howard's Chambers
JUDGE HOWARD (black, 50s, a power broker, but fair) is on the phone, making a political phone call. On his desk we see a document:
INSERT: Letter indicating one of his former law clerks has been appointed to an appellate judgeship.
JUDGE HOWARD Hi, great to hear your voice. I wanted to thank you personally…
CUT TO: INT. JUDGE RIFKIN'S CHAMBERS
JUDGE RIFKIN (Jewish, 55, former civil lawyer) not yet in his robes and wearing suspenders, takes a diploma out of a moving box, hangs it on the wall behind his desk, then stands back to admire it.
CUT TO: Int. COURTHOUSE ENTRANCE
ROBINSON stands with a group of tourists taking a tour of the historic courthouse. The TOUR GUIDE is a retired Judge.
TOUR GUIDE Welcome to the Clarence M. Mitchell Jr. Courthouse, named after the esteemed African American civil rights leader - a man Lyndon Baines Johnson once called "the hundred and first senator."
The group stands in the entrance hall of the grand marble building, as ATTORNEYS, STAFF, FAMILIES and DEFENDANTS rush past.
TOUR GUIDE (CONT'D) The building was built in 1900, at a cost of $2.25 Million. Baltimore satirist and social critic H. L. Mencken called it a "noble pile."
The group moves through the courthouse, peeking into lavishly appointed courtrooms.
TOUR GUIDE (CONT'D) Some of building's marble came from the Vatican's quarry in Rome. As you can see, no expense was spared. Baltimore City was once a very wealthy place. They pass the forbidding metal door to the Bull Pen.
CHILD Where does that door go?
TOUR GUIDE Oh, there's nothing to see in there.
We see ROBINSON'S face register that remark.
CUT TO: COURTROOM 6: JUDGE MITCHUM PRESIDING.
Defendant James Johnson is being sentenced. AMY MILLER is waiting for a sentencing hearing and exchanges knowing glances and admiring looks with the defendant.
JUDGE I warned you that if you continued to use that contemptible word in my courtroom, I would hold you in contempt. Despite these warnings, you continued to use this offensive, foul language on two occasions in direct violation of my directive. You have interrupted the order of the Court and interfered with the dignified conduct of this Court's business. I promised you that you would pay and I now will impose the sanction.
JOHNSON What is the maximum on contempt, sir?
JUDGE What is the maximum on contempt? If I am going to give you in excess of six months, I believe I have to give you a jury trial, is that correct ... ?
STATE'S ATTORNEY Yes.
JUDGE Mr. Johnson, I am not going to give you in excess of six months.
JOHNSON Let me tell you something.
JUDGE What?
JOHNSON You say you won't give me in excess of six months.
JUDGE Yes.
JOHNSON You know what? You have been sitting up there in the trial in every hearing I have had for this far, right? From day one, you have been very prejudiced to the defense. I asked you, right, a while ago, you tried to skip out on even bringing forth an allegation. You say it is only a bald allegation. I am not asking you to believe me. I am asking you to bring forth the witnesses in this case who could testify--
JUDGE I asked you if you had anything you want to say as to what sentence the Court should impose--
JOHNSON Yeah. You know what? You can give me six more months, motherfucker, for sucking my dick, you punk ass bitch. You should have a white robe on, motherfucker, instead of a black. Fuck you.
JUDGE I find you in contempt again.
JOHNSON Fuck you in contempt again.
JUDGE I find you three times in contempt--
JOHNSON Fuck you. And fuck.
JUDGE On each charge, the Court will impose a sentence of five months to run consecutive to each other and consecutive to any sentence you are now serving or obligated to serve.
JOHNSON Yeah. You better leave now, you, Ku Klux Klan.
JUDGE The Court will adjourn.
JOHNSON Fuck you, fuck you, fuck you, fuck you, fuck you, fuck you, and fuck you, you, Ku Klux Klan--
CUT TO: INT. Courtroom #1
KELLY is in the courtroom with the court staff before the Peacherd trial starts. JUDGE HOWARD has not yet taken the bench, so the mood is light.
BAILIFF CONNELLY What have you got today? Anything good?
KELLY Man, I hope not.
BAILIFF CONNELLY We've been here so long, there's nothing we haven't seen...
KELLY And then something else happens.
BAILIFF CONNELLY Remember that case you tried with the blind gambler who shot the con man who was trying to rip him off...
ANNE MARIE (CLERK) Wait, start from the beginning, I haven't heard this one!
KELLY (flirting) Come by my office, I'll tell you the long version of the story...
Prosecutor DOMINIC SANTIAGO (Latin, handsome, 35) enters the courtroom. SANTIAGO is a prosecutor who KELLY worked with for four years in the State's Attorney's office. They're good friends outside the courtroom, but you'd never know it when they're on opposite sides of a case. SANTIAGO approaches KELLY, BAILIFF CONNELLY (white, late 40s) ANNE MARIE (Asian-American, 30). This is his playground too.
SANTIAGO Anne Marie, lovely as ever. (shaking KELLY'S hand) Ready to go into chambers, counsel?
KELLY Ready as I'll ever be.
CUT TO: INT. JUDGE HOWARD'S CHAMBERS
JUDGE HOWARD Good morning, gentlemen.
KELLY Morning, Judge. Love your tie.
SANTIAGO (laughing - to JUDGE HOWARD) He's shameless, isn't he?
JUDGE HOWARD "Truth is beautiful, no doubt, but so are lies." Ralph Waldo Emerson.
KELLY Coincidentally, one of my favorite writers.
SANTIAGO What a surprise.
JUDGE HOWARD What have you got on this Peacherd case?
SANTIAGO The state is prepared to make him an offer. 15 years - that would make him eligible for parole in 7 and a half.
KELLY Come on - the kid is 17. This is his first offense. It's bad enough we can't try this in juvenile court. He should never have been waived up in the first place.
SANTIAGO This is our best offer. He went into a place of business with a gun and a bunch of other thugs. What was he doing, writing an article for his school newspaper?
KELLY (to JUDGE HOWARD) If you guarantee me probation I'll see if I can talk him into it, Judge.
SANTIAGO That's our best offer.
JUDGE HOWARD This is a serious case. I was hoping you two could work it out, but if you can't, we'll call for a jury. Do you have your voire dire and your list of witnesses?
KELLY Right here, your honor.
KELLY looks at SANTIAGO. The game is on.
CUT TO: INT. COURTROOM #1
BAILIFF CONNELLY All rise. Criminal Court Part One now in session. The honorable Judge Joseph Howard presiding.
JUDGE HOWARD (taking his place at the bench) Good Morning. Please be seated.
CUT TO: INT. Courtroom #1 - MOMENTS LATER
The JURY is in the box. KELLY and PEACHERD sit at the trial table. The SHERIFF removes PEACHERD'S shackles, and he looks small and vulnerable in his conservative street clothes. SANTIAGO is wrapping up his opening statement.
SANTIAGO (with conviction) ...Ladies and Gentlemen, you've sworn an oath to well and truly try this case. We expect that at the conclusion, you will find that this young man went into that dentist's office and terrorized innocent people. We expect you to find him guilty as charged, and we will prove his guilt beyond a reasonable doubt.
KELLY takes his turn in front of the jury.
KELLY Bobby Peacherd is a good kid who fell in with a bad crowd. Hard not to, when you've been bounced from one foster care home to another your whole life. Recently, Bobby has been reunited with his mother after many years of being lost.
CLOSE UP on PEACHERD'S MOTHER, who is sitting in the gallery with her BOYFRIEND.
SANTIAGO Objection.
JUDGE Sustained.
KELLY Just trying to give you the complete picture, folks. I trust you with it--let the prosecutor try as he might… (Photocopies of letters with jagged heart from mother to son and son to mother in hands of Bobby at trial table)
SANTIAGO Objection.
KELLY Here we go again.
JUDGE Sustained. Move on.
KELLY (CONT'D) But a bad childhood is no excuse for criminal behavior - if it were, many of us might be in jail today. Bobby is charged with holding up a dentist's office. There is no doubt that he was there and that he knew the men who carried out the robbery - he was there, but he did not actively participate in the holdup. Ladies and gentlemen, poor judgment in friends is not a crime.
CUT TO: INT. COURTROOM #2
SMITH Judge Rifkin, our clients have informed us that they would like new representation.
JUDGE RIFKIN What's this all about, Mr. Smith?
SMITH They are unhappy with their sentence in their last case, and would like to remove us.
JUDGE RIFKIN They can't decide that now - I deny that request. They may represent themselves, if they so choose, but I want you both here in case they need any advice from counsel.
SMITH Thank you, sir. I'll let them know.
SMITH turns and smirks at ROBINSON.
SMITH (CONT'D) Looks like we got a paid vacation.
ROBINSON Isn't this unusual?
SMITH Completely. And the unusual always works in the defendant's favor. This is Rifkin's first jury trial - he was just sworn in three weeks ago. Either he'll screw up the case or those bastards will get nailed. Either way, good sport for the Appellate division.
ROBINSON So what do we do? Just sit there?
SMITH That's right. We just sit back, loosen our ties, and enjoy the show.
CUT TO: INT. COURTROOM #1
JUDGE HOWARD Mr. Santiago, please call your first witness.
MRS. COWAN (white, 60) takes the stand.
SANTIAGO Mrs. Cowan, where were you on September 17th of last year?
MRS. COWAN I was in the dentist's office, waiting to get my teeth cleaned.
SANTIAGO I want you to look around this courtroom and see if you can identify anyone else who was in the dentist's office with you that day.
MRS. COWAN (identifying PEACHERD) That young man over there. He came in with the other men.
SANTIAGO Does he look the same today as he did on the day of the robbery?
KELLY Objection! Assumes a matter not in evidence. There's been no proof of a robbery, at least not yet.
JUDGE HOWARD Sustained.
SANTIAGO All right, we'll do this the long way. (slowly, for effect) Does he look the same as he did on the day in question?
MRS. COWAN No. I think his hair is different.
SANTIAGO In what way?
MRS. COWAN Well, now it's short.
SANTIAGO So he has changed his appearance.
MRS. COWAN Yes.
SANTIAGO He looked a little scary on that day, didn't he?
KELLY Objection. Where is this going?
SANTIAGO I'm showing that the defendant is trying to deceive this jury.
JUDGE HOWARD Counsel, you know this is improper. Approach the bench.
KELLY and SANTIAGO approach the bench.
JUDGE HOWARD (CONT'D) (to SANTIAGO) Stop making these comments in front of the jury. (to KELLY) And don't state the reasons for your objections unless I ask you. (to SANTIAGO) Where are you going with this haircut business?
SANTIAGO I'm trying to show the jury that the defendant is pretending to be someone he's not.
KELLY I don't think that's relevant.
JUDGE HOWARD I'll let it in, for what it's worth. Return to the trial table.
SANTIAGO and KELLY return to their tables.
KELLY (standing) Your honor, may I have a moment with my client?
JUDGE HOWARD Please be brief, Mr. KELLY - we've got a long day ahead of us.
KELLY Thank you, sir. (quietly, to PEACHERD) Listen up. Is the reason you cut your hair because you were afraid of being gang raped in prison?
PEACHERD (confused) No, not really.
KELLY (intense) Let me try this again. Could one of the reasons you cut your hair be that you were trying to keep from being sexually assaulted?
PEACHERD Um, I guess so.
KELLY So it would be fair for me to say that was one of the reasons you cut your hair.
PEACHERD (catching on) That would be fair.
KELLY (standing, addressing the court out of turn again) Your honor, my client cut his hair because he is afraid of being sexually assaulted in prison.
SANTIAGO Objection! I move for a mistrial!
JUDGE HOWARD (angry now) Approach the bench.
KELLY and SANTIAGO approach.
JUDGE HOWARD (CONT'D) (to KELLY) That is totally out of order and you know that. I will not warn you again.
SANTIAGO Your honor, I want you to instruct the jury to disregard his comment.
JUDGE HOWARD That will only highlight it. Do not go any further with this, Mr. Kelly.
KELLY (contrite, trying to gain sympathy) Everyone knows about sexual attacks in prison, your honor. Look at the kid, he's just protecting himself.
JUDGE HOWARD (looking at KELLY, knowing he's being played) Proceed, counsel. (to SANTIAGO, not letting him off the hook either) And for the record, I deny the motion for a mistrial.
KELLY and SANTIAGO return to their trial tables, pretending to be chastened. KELLY picks up a red pen and, smiling quietly at PEACHERD, draws a big check mark on the yellow legal pad in front of them. KELLY's cell phone vibrates in his pocket.
INSERT: Close-up on caller I.D., which reads: "WWII"
He can't answer it, obviously, since he's in court.
JUDGE HOWARD (CONT'D) Ladies and gentlemen of the jury, we are taking an extended lunch so the court can attend to other business. Please be back here at 3pm.
KELLY packs up his folders at the trial table. The SHERIFF is putting the shackles back on PEACHERD. PEACHERD'S MOTHER, encouraged by her BOYFRIEND (late 40s, white, thin and ropy), musters the courage to approach. She looks meaningfully at her son.
PEACHERD'S MOTHER Can I talk to him?
KELLY (to SHERIFF) Can she? (Knowing better)
SHERIFF No Ma'am, as you know, Mr. Kelly.
PEACHERD'S MOTHER I'm his mother.
SHERIFF Sorry, Ma'am. Rules are the rules.
As the SHERIFF leads PEACHERD out of the courtroom, he looks back at his MOTHER - this is the first time he's ever seen her.
PEACHERD'S MOTHER (grasping KELLY'S hand) Thank you, sir. Thank you. I know you're going to save my boy.
KELLY smiles, trying to reassure her.
CLOSE UP on KELLY's face as he exits the courtroom. He exhales. He's feeling the pressure.
CUT TO: INT. HALLWAY OUTSIDE COURTROOM #1
KELLY checks his phone messages.
KELLY's EX-WIFE V.O. Remember, my big party's tonight so the regular visitation does not apply. The kids must be in school by 7:45 a.m. and you're supposed to take Brian to soccer at 4.
Fuck. He completely forgot about her big event. He looks at his calendar and sees that it is, indeed, there.
CUT TO: INT. PUBLIC DEFENDER'S OFFICE LAW LIBRARY - LUNCHTIME
The department is gathered for a lunch meeting. About a dozen PUBLIC DEFENDERS (including KELLY, SMITH, ROBINSON, AMY MILLER, WILLIAMS and ANDERSON) are eating and joking around. The deputy, DARREN RICHARDS, (white, 45, a former PD who was not aggressive enough to thrive in the courtroom and is now an administrator) attempts to run the meeting.
RICHARDS Alan is down in Annapolis testifying about the budget - what there is of it.
KELLY No doubt he's giving them a fit.
EVERYONE laughs approvingly.
ANDERSON Alan? Nah!!
RICHARDS You all know how he feels about meetings so, conveniently, he won't be here. (turning to business) Some of you may remember that little debacle with the Buddhist...
WILLIAMS Right! Judge Harris barred a guy from the Grand Jury for not believing in God. He said belief in God was necessary otherwise a juror's oath meant nothing.
KIRK I knew Harris was wrong on that one. (singing) Hare Krishna, Krishna Krishna...
MILLER He was a Buddhist, you ass, not a Hare Krishna.
KIRK What's the difference?
RICHARDS A new ruling has come down saying that all those cases have to be retried, and there are hundreds of them. The good news is, we get a second shot at all those cases. The bad news is, we get a second shot at all those cases. Review your files and contact your clients where it might apply.
KELLY The State's Attorney's office will never be able handle all that extra work.
WILLIAMS Neither will we!
KELLY Yes we will, remember... (singing) "Time is on our side, yes it is..."
ANDERSON Speaking of time, Judge Dorf just gave some winner life plus 50 years for first degree murder. Going for a record.
OTHER PD TBD Was it a bad murder?
ANDERSON (laughing) Nah...just a drive-by. The guy asked Dorf 'How can I do all that time?' and Dorf used that old line: 'Just do the best you can.'
EVERYONE laughs.
RICHARDS There's been a change in medical benefits.
MILLER As long as Kirk still gets his Prozac and Lithium it's fine with me.
OTHER PD TBD #2 Hey, can we get medical marijuana now?
Two PDs get up to go.
Other PD TBD #2 (CONT'D) Sorry Darren, got to be in court.
RiCHARDS (exasperated) One last thing - please welcome Mike Robinson to the team. Mike graduated from of the University of Maryland Law School - as most of you know, he spent the last year clerking for Judge Jones...
KELLY And he's in for a rude awakening.
ROBINSON Um, does anyone have a clean shirt?
EVERYONE laughs.
KELLY I do, in my office. Looks like you've been baptized!
ACT 3
return to top
INT. KELLY'S OFFICE
KELLY is at his desk, poring over files. We get a view of his calendar, schedule, and massive case load. He, like all the other PDs, is juggling 30 cases at a time. D'ANGELO knocks on his door. He's the office's hotshot Chief Investigator (35, black, short, sharp and a snappy dresser). He's street savvy, so he can get information that others can't. He and KELLY have a mutual respect.
D'ANGELO You got a second?
KELLY For you, anytime, D. How are you doing?
D'ANGELO Good, good. This Chico Smith case is real bad news. The guy's renting a room in an old lady's house in Hampden, dealing drugs out of her basement, but she has no idea... As
D'ANGELO speaks, we see the story of CHICO's crime played out underneath his V.O.
UNDER D'ANGELO'S V. O DISSOLVE TO: INT. MRS. SUMMERFIELD'S BEDROOM, HAMPDEN
CHICO holds a gun on MRS. SUMMERFIELD (black, 80, cane and neck brace) and CHAPPINGTON (white, 25). He ties them up and then rummages through the room, grabbing stuff from drawers. He lights a match, sets the trash can on fire, and runs out as the flames climb. It all happens very fast.
D'ANGELO (CONT'D V.O.) She goes to the bank and when she gets back they're saying he held her and another tenant up at gunpoint, tied them up and set the place on fire. Somehow Chico thought no one would recognize him, but the landlady's known him for three months...
Back TO: INT. KELLY'S OFFICE
D'ANGELO ...sweet lady, by the way. You'll love cross-examining her. Genius got a total of 32 bucks. KELLY What do we know about him?
D'ANGELO Too much. Bandit's been on a spree - two murders and another holdup this year. The State's Attorney's pushing hard on the holdup 'cause it's the strongest case they've got.
KELLY I'll send my intern over to the jail to make contact with him. Build some suspense.
D'ANGELO I know the cop in the case from a long time ago. I'll see what else I can find out. (beat) 32 bucks. The guy's a total sociopath.
KELLY Preying on that old lady - I wouldn't mind prosecuting him myself. ROBINSON knocks tentatively at the door.
ROBINSON Am I interrupting?
D'ANGELO No, no. (extending his hand) Harold D'Angelo. Investigator.
KELLY Chief Investigator.
D'ANGELO Welcome to paradise.
ROBINSON (shaking D'ANGELO's hand) Mike Robinson. Thanks, I think.
D'ANGELO exits. KELLY hands ROBINSON a white business shirt on a hanger.
KELLY I keep a spare. In case I get lucky in the law library.
ROBINSON Thanks.
ROBINSON changes into the new shirt.
KELLY (kind) I remember my fall from the ivory tower - I was lucky not to break any bones. Don't worry, you'll get used to it.
ROBINSON I hope so. And Smith, he's a good guy, but...
KELLY Talk to me when you've been here for nine years like he has - everyone gets a little burned out. You can get addicted to the adrenaline, and it's a hard drug to kick.
ROBINSON Is that what it is? I came here because I believe in the system. The right to representation.
KELLY That's a good reason. I started out as a prosecutor, but I hated "people packing" - locking everyone up for life is not a solution. Also, turns out I have a soft spot for the underdog. Problem is lots of times these underdogs are the worst kind of bullies.
ROBINSON (referring to shirt) Yeah, I've noticed.
KELLY (getting back to work) I'm giving a speech at the University of Baltimore Law School tomorrow night. Might be interesting for you.
ROBINSON I'll be there. Thanks.
CUT TO: INT. COURTROOM #1 - AFTERNOON
SMITH and ROBINSON sit in the gallery behind COVINGTON and COPELAND, who are acting as their own defense counsel. The courtroom is packed with 75 prospective jurors. The prosecutor, ED WENK (white, 50) is nervously reviewing a legal volume on the trial table in front of him, looking for legal precedents.
COVINGTON I don't know nothing about picking a jury. I need a lawyer for that. Judge
RIFKIN We've been through this, Mr. Covington. Counsel has been provided to you...
WENK Your honor, the defendants are dangerous men who are simply trying to evade process by claiming dissatisfaction with counsel...
COVINGTON (furious) This whole thing is bullshit! You got it all whitewashed, and I ain't got no lawyer to represent me.
COVINGTON tears up the juror list and throws it in the air. There is buzzing among the prospective jurors.
WENK (to the jurors) The two gentlemen seated at the trial table that are the accused have had months to secure a private lawyer, had they seriously wanted to do that...
JUDGE RIFKIN (taking control) I would like the first twelve of you to enter the jury box. Mr. Covington, do you have any objections?
COVINGTON I object to the entire proceedings.
JUROR CURTIS SIMMONS (black, 25) who has been seated in the jury box, tentatively raises his hand.
SIMMONS I think there is something wrong - something unjust happening here...I wouldn't want to be a juror in this case.
JUDGE RIFKIN (a little thrown) Ok, you may be dismissed.
WENK Your honor, may I approach the bench?
JUDGE RIFKIN Yes.
WENK approaches the bench.
JUDGE RIFKIN is clearly confused.
JUDGE RIFKIN and WENK turn to the computer on the bench and start typing, researching the best way to proceed.
SMITH (amused) Look at that. Wenk is up there talking to the judge on his own - makes it look like they're on the same team.
ROBINSON Legally, shouldn't Covington be up there with him?
SMITH Yup.
ROBINSON Can't we say something?
SMITH Nah. Fuck 'em. They wanted the job, it's all theirs.
ROBINSON is frustrated, but too green to know he can intervene.
WENK (at bench, to JUDGE RIFKIN) I think, for the record, we should ask the rest of the jurors if they would have similar difficulty being impartial...
JUDGE RIFKIN (to the courtroom) If any of the rest of you feel that you would have trouble judging this case fairly, please stand up and state your name.
One by one, half of the prospective jurors stand up.
JUDGE RIFKIN looks upset.
COVINGTON and COPELAND smile. SMITH smirks. The COURTROOM PERSONNEL exchange knowing glances. This is a disaster.
Cut TO: INT. CourTROOM #1 - AFTERNOON
KELLY and PEACHERD sit at the trial table, waiting to resume the case. The jury is waiting in the jury room. JUDGE HOWARD is taking a plea in another case. He pulls a file from the top of a tall stack of legal files on his bench.
JUDGE HOWARD ...the court will accept the guilty plea and finds the defendant has knowingly, intelligently, and voluntarily waived his right to trial. The court will order a pre-sentence report.
As a GUARD leads the DEFENDANT out, KELLY looks at his watch and realizes it's close to 4:00 p.m.
KELLY Your honor, could you give me some idea of the court's schedule? I have a conflict.
JUDGE HOWARD I'm sorry to have kept you waiting, but we're ready to go now.
KELLY I have a personal issue to attend to...
JUDGE HOWARD I've known you for a long time, Mr. Kelly, and I had no idea you had a personal life.
SANTIAGO, who knows far too much about KELLY'S personal life, laughs.
KELLY May we approach?
KELLY and SANTIAGO approach the bench.
KELLY (CONT'D) I need to take my son to soccer practice. My wife can't make it, and I'm stuck...
JUDGE HOWARD Is there no one else who could handle this?
KELLY No, sir.
JUDGE HOWARD You have a lot of nerve asking the consideration of this court. I'll dismiss the jury early this time, Mr. KELLY, but if you want further concessions, I'd be a little more careful about obeying all the rules. (to the court) This case is continued until tomorrow at 9am.
KELLY Thank you sir.
JUDGE HOWARD Mr. Prosecutor, who has the rest of today's docket?
Back at the trial table, KELLY addresses PEACHERD.
KELLY Delay is a good thing. Gives the jury time to forget details. I'll see you bright and early.
PEACHERD looks worried.
KELLY (CONT'D) A little praying doesn't hurt.
KELLY grabs his files and rushes out of the courtroom. PEACHERD'S MOTHER watches him go, confused.
CUT TO: EXT. FRIENDS SCHOOL SOCCER FIELD
KELLY stands on the sidelines in his suit cheering for his son BRIAN, who has the ball and is running down the field toward the goal.
KELLY (yelling, overly into it) Hustle, Brian. Stay focused. Come on, we need a goal!!!
During the following conversation, BRIAN makes his way down the long field with the ball - it's looking good. When he gets close to the goal, he takes his best shot - and misses. The whistle blows, and the other team lets up a great yell - they've won the game! Brian is consoled by his team mates, but he's mad at himself. He goes to sit on the bench. KELLY takes out his phone and calls his daughter AMY.
CUT TO: INT. FRIENDS SCHOOL LIBRARY
AMY Hi Dad.
KELLY (V.O.) Hey, look, honey, I've got a big day with this Peacherd trial tomorrow plus a murder plea, neither of which are looking like a walk in the park. I'm going to be home late - can you make sure your brother eats something and does his homework? I'm sorry, honey, but Peacherd's a young kid, and he really needs me. It's his first offense and Santiago wants to put him away for 15 years.
AMY Fine.
KELLY (V.O.) I'll make it up to you.
AMY Ok. Laters, Dad.
CUT TO: EXT. FRIENDS SCHOOL SOCCER FIELD
KELLY closes his phone and walks up to BRIAN, who is sitting, dejected and alone, on the bench.
KELLY (sitting down) You ok?
BRIAN I lost the game.
KELLY It happens sometimes.
BRIAN Maybe I should quit soccer.
KELLY You can't quit just because you didn't win.
BRIAN Yeah but I let the whole team down.
KELLY hugs his son.
KELLY I'm proud of you - you played hard, you did your best. It's boring to win all the time. Think about it - if you never lost a game, winning wouldn't mean a thing.
KELLY Get your backpack. I'll meet you out front of the school.
KELLY dribbles the ball and kicks a pass to Brian as he walks towards the locker room.
A PARENT of one of BRIAN's teammates approaches KELLY.
PARENT Hey, how're you doing, Chris?
KELLY Not bad. How about you?
PARENT You heard what happened to Trudi?
KELLY Yeah. Terrible, makes you think. She was one of my daughter's mentors.
PARENT She was raped and murdered, apparently. Her head was fractured. There's a counseling session tomorrow. Didn't you have a case like this a couple of years ago?
KELLY I don't think so.
PARENT Now, I know that you have a lot of cases, but this one got big headlines.
KELLY No, I don't remember.
PARENT You don't remember ?? How could you forget a child's murder? No, in fact it was three murders. Remember 2 of them were decapitated and the other almost. You hung the jury and won it on re-trial.
KELLY You have a good memory.
PARENT It doesn't take a good memory to remember something like that. How could you ever forget it? The jury was hung 6 to 6 for guilty.
KELLY 6 to 6 for guilty?
PARENT Yeah.
KELLY (tongue in cheek) No, I think it was 6 to 6 for not guilty.
PARENT I don't think this is funny. You know those animals were guilty.
KELLY What are you busting my balls for?
PARENT Someone in your office will probably get the case and will try to get Trudi's killer off. Just like you did.
KELLY Look, would you give me a break?
PARENT You know it's true!
KELLY Would you do me a favor?
PARENT Yeah.
KELLY Go fuck yourself or to be more polite, go and perform an acrobatic act.
PARENT I don't know how you sleep at night.
KELLY Very soundly, but my ex-wife told me I snore.
PARENT Which one?
KELLY Both of them. By the way, I thought you'd want to know that Trudi's dad is a PD in my office.
CUT TO: INT. BALTIMORE CITY DETENTION CENTER, PEACHERD'S CELL - EVENING PEACHERD sits on his bunk, writing a letter to his mother.
INSERT: Close-up on the letter as he writes.
PEACHERD (V.O.) I've spent 17 years being angry at you, even though I didn't know who you were. I thought I'd always be alone, and it would always be your fault. What I didn't expect was the feeling of love I had when I finally saw your face. I didn't know I had that love inside me. Thank you for finding me. I have a Mother now. Please pray the judge goes easy on me so we can learn to be a family.
CUT TO: INT. THE CENTER CLUB - NIGHT
AMY MILLER stands with her husband, PAUL MILLER (32, handsome and slick), a medical malpractice lawyer. They are drinking cocktails and chatting with a group of other ATTORNEYS at the firm where her father, PAUL SHAPIRO, (60s, white hair) is a founding partner.
PAUL SHAPIRO Amy went to Harvard Law - we had high hopes for her.
MILLER (only half-joking) I'm a terrible disappointment to the family. I chose doing good over making money.
ATTORNEY TBD (joking) What happened, did you become a prosecutor?
MILLER No, I could never do that - I'm not judgmental enough.
HANNAH ROBERTS (KELLY's ex-wife) emerges from the circle of attorneys.
HANNAH Dear God, you're a Public Defender. (smiling, extending her hand) Hannah Roberts...
MILLER The firm's latest partner. Congratulations on joining the boys' club. Dad says very flattering things about you.
HANNAH You seem like a smart woman. Why are you wasting your life defending those scumbags?
MILLER (trying to lighten the mood) I just provide a reasonable doubt at a reasonable price...
PAUL SHAPIRO Maybe when she gets this out of her system she'll come and join her old man.
MILLER It's nice to meet you, Hannah. Congratulations.
AMY MILLER takes PAUL MILLER's hand as they make their exit.
ACT 4
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EXT. BALTIMORE CITY DETENTION CENTER - THE NEXT DAY
We see the outside of the prison complex - the modern detention center, where defendants are held while they await trial; the old, foreboding, medieval-style penitentiary building, where 1,500 convicted felons serve out their sentences; and Super Max, the high tech wing that houses the 200 most violent criminals. We see the rows of barbed wire that line the outside of the complex, and the thick walls dotted with tiny windows. This is the oldest continuously operating prison in America. Thousands of years have been served here. KELLY parks his car (the window still broken) in the lot and approaches the building. There is a line of family members (mostly black) waiting to get in for visiting hours. They look at KELLY suspiciously, like he must be important, as he bypasses the line and goes in a side door.
CUT TO: INT. BALTIMORE CITY DETENTION CENTER VISITORS' ENTRANCE - MOMENTS LATER
The VISITORS' ENTRANCE is crowded and chaotic, packed with prisoners' families waiting to be cleared through security. KELLY makes his way through the pandemonium and a guard ushers him towards the security gauntlet. The following steps are seen in a series of quick cuts - security here is no joke: A guard checks KELLY's I.D.; he is issued a key to a locker where he locks up his coat; his I.D. is checked again and he is issued a bracelet; a guard scans the bracelet and he passes through a metal detector, after which he is scanned with a wand. He then passes through four sets of locking doors, the door in front of him unlocking only after the one behind him clicks shut. He fills out a card with CHICO's prisoner number and hands it to a guard, then enters the INTERVIEW ROOM.
CUT TO: INT. BALTIMORE CITY DETENTION CENTER INTERVIEW ROOM - MOMENTS LATER
In this dirty, hot, run-down room there are eight interview booths, each with a half-broken stool on the visitors' side. The room is full of attorneys visiting their clients. There is no phone like we're used to seeing - everyone just has to talk loud. There is a break in the bottom of the glass that separates the prisoners from their visitors so that documents can be passed back and forth.
KELLY sits down, and CHICO (black, 28, a veteran criminal with a "fuck you" attitude) is shown into the room by a GUARD. CHICO sits down opposite KELLY on the other side of the glass. KELLY extends his hand to shake CHICO's through the gap.
KELLY CHRIS KELLY, Public Defender's office.
CHICO Yeah, I heard you were coming.
KELLY I've reviewed the details of the State's case against you. Your landlady has I.D.'d you as both her tenant and the gunman in the holdup. This is the strongest case of many that the State has against you, so we're in for a battle. They're preparing for Armageddon.
CHICO Well you just get right to it, don't you?
KELLY You want me to tell you everything is going to be fine? With your record and the crime spree you've been on lately - sorry, the alleged crime spree someone who looks just like you has been on lately - it doesn't look so great.
CHICO Thanks for being honest with me, man.
KELLY I really don't care what you did - I've got to defend you. And as you know, none of this means anything if they can't prove it.
CHICO I done some other shit but I did the time I was owed. Truth is, I was a victim in this situation - I was one of the men who got held up that night, not the perpetrator, so it's not going to be a problem.
KELLY I can only go by what you tell me, Mr. Smith, but let's think like the prosecutor for a moment - we've got to anticipate what he's going to do, and what the jury's going to think when they see the evidence.
Chico (with attitude) It's all good. As I said, I got it sorted.
KELLY (showing him who's boss) It's your balls, man. I get to walk away. All I know is that I'm going to get an A- or an A for my performance in this case. I always do. How are you going to do?
CHICO Oh, so you're some kind of hotshot?
KELLY Yeah, I get my rocks off doing this. Do I look like a loser to you? Don't answer that.
CHICO At least you're talking the talk in here. I hope you're not going to be one of those stuttering motherfuckers when we get to court.
KELLY I'll cross-examine anyone they put up there, but I prefer to avoid surprises. Technically, all you get to decide are three things: whether to plead guilty or not guilty, whether you want a court trial or a jury, and whether or not you're going to testify.
CHICO Not guilty, jury, and yes, I'll testify as to my innocence. There ain't going to be no surprises.
KELLY Good. But when it comes to strategy, you need to let me be the quarterback.
CHICO That's ok with me, man, as long as I know what plays you're going to call.
KELLY As soon as I figure out what they are, you'll be the first to know.
CUT TO: INT. BALTIMORE CITY DETENTION CENTER INTERVIEW ROOM, THE NEXT BOOTH OVER
Two drug lawyers, FREDERICKS (black, 48), and COHEN (Jewish, 50) are meeting with their client, a DEALER. Both lawyers are wearing $2,000 suits. FREDERICKS has his $500 Gucci shoes up and resting on the sill of the booth where his client can see them.
FREDERICKS (to COHEN) How much do you think it's going to cost to solve this man's problem?
COHEN takes out a calculator out of his breast pocket.
COHEN $40,000.
FREDERICKS $40,000? I like this guy. Is there any way we can cut him a break?
COHEN He's facing a 10 year mandatory minimum...
DEALER I don't have that kind of money.
FREDERICKS We come together, Bernie and I, because he knows some judges, I know some judges...
COHEN We know different judges. (taking his appointment book out of his breast pocket) November 2nd, you're scheduled to be in Four...between us, we're sure to know your judge.
DEALER Can I pay you in installments?
FREDERICKS Let me tell you about installments. You give me $1,000, I'll put the law book on my desk. The next thousand, I'll open that book. The next thousand, I'll read the case that will save your ass.
COHEN Maybe he wants one of those advertising lawyers, the kind you find in the yellow pages.
DEALER No, man, I want you.
FREDERICKS Listen, does your mother own her house? Maybe I can get her a second mortgage - take it out in her name, split the checks...
COHEN Or you could get a Public Defender. That's always an option.
FREDERICKS (to COHEN) Come on, the PDs won't give a rat's ass about him! (to DEALER) Some burned out old white dude - what's he going to do for you? We cherry-pick our cases. The PDs, they're just picking up a check.
COHEN They win every once in a while.
FREDERICKS Who do you think is going to help you best? You want to be represented by a government employee? Those guys are just part of the program!
DEALER No, you're right, you're right.
FREDERICKS What's 10 years of your life worth, man? You'll make that cash back in no time once you're back outside. Be realistic. Think about the long term.
CUT TO: INT. COURTROOM #2
COVINGTON and COPELAND are at the trial table. SMITH and ROBINSON sit behind them. COVINGTON makes his opening statement.
WENK I expect to prove that Mr. Covington and Mr. Copeland robbed the convenience store owned by Mr. and Mrs. Mulcahy at gunpoint on the morning of September 22nd 2005. Sharon Brothers will identify the defendants since she walked into the store and interrupted the robbery. Mr. Mulcahy will also testify that he identified the assailants on the television news in footage of a police chase that ensued after the holdup.
CUT TO:
COVINGTON I am not a man of a lot of words. I break out in anger easily, and fighting is the only way I know. What went on earlier made me so mad I felt like it was 1955 down in Mississippi where you could step on a man any way you feel like it. That is what is going on in this courtroom today. I have not refused counsel. It has been refused to me. I'm going to try and prove my innocence, but you tell me what my chances are without a lawyer to help me.
The SHERIFF and the COURT REPORTER make eye contact - this case might be interesting.
CUT TO:
MR. MULCAHY (white, 50's) is on the witness stand. COVINGTON is cross-examining him.
JUDGE RIFKIN Mr. Covington, do you have any questions for Mr. Mulcahy?
COVINGTON I'll give it a shot. Mr. Mulcahy, do you remember what the men who held you up looked like?
MULCAHY I know what YOU look like.
COVINGTON You said you saw me on the TV news, that's how you identified me?
MULCAHY Yes. I saw you on the news the day after you robbed my store - you were having a shoot-out with the police.
COVINGTON Now that's funny to me, because my father was watching that show at that same time, and he didn't even recognize me, his own son. How is it that this stranger picks me out on the TV when the face wasn't showing, just the body?
MULCAHY I had just seen you the day before. It wasn't hard to recognize you.
COVINGTON (taking a different tact) What did the man who robbed your store look like?
MULCAHY He looked like you.
COVINGTON No, I mean describe something that made you know it was the same man you saw...
MULCAHY (getting angry) What can I describe? YOU look like YOU!
COVINGTON I'm talking about what you seen....
MULCAHY (angry) What I seen, what I saw, I saw you. I saw your eyes, your face, the same face I'm looking at right now, only you had on different clothes and you were holding a gun to my wife's head.
CUT TO: INT. COURTROOM #3
AMY MILLER is trying the ROMEO WATTS Earl of Sandwich case in front of JUDGE JONES. WATTS is sitting at the trial table watching MILLER's every move with wolfish eyes.
JUDGE JONES What is this case about?
MILLER The defendant has explained to me that this is a case of unfortunate coincidence. My client, Mr. Watts, was innocently sitting on a stoop when his cousin returned a jacket to him that he had borrowed some weeks prior. The jacket contained the evidence - a handgun and $200 cash, whereupon my client was arrested by Officer Roland.
JUDGE JONES (rolling her eyes at this argument) Is the State ready to go to trial?
PROSECUTOR TBD We would love to, your honor, but unfortunately but we have just been informed that Officer Roland has relocated to Oakland, California. We can't prove our case without him. We'll nol pros the case.
JUDGE JONES Counsel, I'm sure that is acceptable to the defense.
MILLER (smiling) Yes, I think so, your honor.
JUDGE JONES Ms. Miller, Mr. Watts, this is your lucky day.
MILLER turns to WATTS, who has his arms open to give her a big hug. She stiffens and offers her hand for a formal shake.
JUDGE JONES (CONT'D) Mr. Watts, you are free to go. But a little advice from the court: be careful who you lend your jacket to in the future - no good deed goes unrewarded. And say hello to your cousin for me.
CUT TO: INT. BALTIMORE CITY PENITENTIARY - DAY
SMITH and ROBINSON go through the security gauntlet. They talk while being patted down, scanned with metal detectors and passing through multiple sets of locking doors.
SMITH This is one of the few remaining programs of its kind - sort of a throwback to the '70s when they still believed prisoners could be rehabilitated.
ROBINSON Now it's three strikes and you're out.
SMITH More like three strikes and you're fucked - stuck in this shithole for the rest of your life.
Escorted by two huge black PRISON GUARDS, they walk across the yard to the meeting room. There are prisoners in the yard playing basketball and lifting weights. This is the first time ROBINSON has been this close to the prison population. It's a loud and aggressive atmosphere. Prisoners call out to them. ROBINSON is scared but trying not to show it.
PRISON GUARD #1 We're taking the scenic route.
ROBINSON No problem.
PRISON GUARD #1 Mr. Smith thought you'd want to see how the other half lives.
ROBINSON looks back at SMITH. SMITH smiles.
CUT TO: INT. BALTIMORE CITY PENITENTIARY MEETING ROOM - MOMENTS LATER
SMITH and ROBINSON are seated in a circle of a dozen chairs, each of which is occupied by an enormous, scary-looking inmate - one ARYAN, one tattooed LATINO, and 8 BLACK GUYS, one of whom is Muslim. Everyone in the group is a hardened criminal, including the GROUP LEADER. PRISON GUARD #2 is stationed just outside the door.
GROUP LEADER Welcome to "The Seventh Step." Would anyone like to explain to the Square Johns what "The Seventh Step" is about?
ROBINSON (whispering to SMITH) Square Johns?
SMITH (whispering) That's us.
INMATE #1 (smirking) I would.
The GROUP LEADER nods approval.
INMATE #1 (CONT'D) Seven Steps is a weekly meeting wherein we discuss our feelings about our criminal behavior in the aim of attaining self-knowledge and subsequent self-control.
GROUP LEADER Good. Everyone in this room has a long criminal record and a history of recidivism. We're here to turn a corner and leave bitterness behind. Our Square Johns this week are Mr. Robinson and Mr. Smith from the Public Defender's office. Thank you for coming.
SMITH I'm Bill Smith and this is Mike Robinson.
ROBINSON Hi. I'm really glad to be here. In law school I wrote a paper about rehabilitative programs, and I'm excited to see one in action.
INMATE #2 That's very sweet, but this program ain't shit. It's just a way to kill some time and get a few brownie points from the Warden.
INMATE #3 Beats working.
ROBINSON Is employment part of the program? To give you skills for when you're released?
INMATE #3 I work in the commissary - stealing shit. He's a barber - shave your head for a pack of smokes. Miguel makes jumpsteady... (on ROBINSON'S quizzical look) Hooch. Moonshine. The guards smell your breath to see if you're drunk. They say jump and if you land steady, you're ok. You can't survive in here without a hustle.
INMATE #4 You motherfuckers have no IDEA what our lives are like.
INMATE #9 Shit, I did two years in here standing on my head.
ROBINSON You practice yoga?
INMATE #9 (schooling him) I was high on heroin for two years straight. No one paid me no mind.
INMATE #6 You can just walk out of here when this meeting is done, but we're here for the next 20 years.
INMATE #3 He's an optimist. He's expecting early release.
INMATE #8 (to SMITH) Hey, don't I know you?
SMITH I don't think so.
INMATE #5 No, I do know you. Monroe Weller. You represented me 7 years ago.
SMITH Ah, yes, it's starting to come back to me. Something about an argument and a kitchen knife...nice to see you again, Mr. Weller.
MONROE WELLER You're the reason I'm in this fucking place.
SMITH I'm the reason?
MONROE WELLER You think if I had Johnny Cochran I would be sitting here right now?
ROBINSON is growing uncomfortable as the tension rises.
SMITH Why don't you give him a call now? (handing him his cell phone) Here, you can use my phone. I tried my best - if you were innocent, you wouldn't be sitting here either...
GROUP LEADER Let's keep it civil, gentleman.
INMATE #5 (breaking the tension) Hey, what do you call two dead lawyers in the Chesapeake Bay?
ALL INMATES (in unison) A start!
SMITH (Fuming, to ROBINSON) I'm never coming back to one of these bullshit meetings. Next time, you're on your own.
ROBINSON laughs, trying to look like he's not scared.
CUT TO: INT. BALTIMORE ATHLETIC CENTER, RACQUETBALL COURT - EVENING
KELLY and SANTIAGO are playing racquetball. They are well-matched competitors, both playing to win. They talk as they volley, sweat and grunt.
KELLY You should come work with us. I know you, you'd love it.
SANTIAGO I don't think so.
KELLY Seriously. Leaving the prosecutor's office was the best thing I ever did. Aren't you tired of locking people up yet?
SANTIAGO I'm tired of murder. I'm tired of rape. I'm not tired of seeing thugs go to jail. I still enjoy that part.
KELLY I put more people in prison as a defense attorney than I ever did as a prosecutor.
SANTIAGO Yeah, I know!
SANTIAGO scores a point.
KELLY Nice point.
KELLY retrieves the ball and prepares to serve.
KELLY (CONT'D) If Cantor beats your boss in this election, he's promised to pursue the death penalty in every applicable case. How are you going to feel when you're the killer? In Baltimore County they've done it for years. Always go for death!!
SANTIAGO I know, but this is Baltimore City. That would be hundreds of death cases every year! He'll never get elected.
KELLY Want to bet? A lot of people think it's the answer. It's probably satisfying for awhile, but so's Chinese food.
SANTIAGO You're on. If he wins, I'll consider being a switch hitter like you.
KELLY smashes the ball hard, and SANTIAGO runs after it.
CUT TO: INT. BALTIMORE ATHLETIC CENTER, HALLWAY - LATER
KELLY and SANTIAGO walk through the gym, checking out two HOT WOMEN as they walk by. As they pass the yoga studio, they see DARREN RICHARDS in full pose. KELLY smiles and waves.
KELLY (under his breath to SANTIAGO) What a pussy.
ACT 5
EXT. UNIVERSITY OF BALTIMORE LAW SCHOOL- NIGHT
KELLY is walking up the stairs when his phone rings. He doesn't check the caller I.D.
KELLY This is KELLY.
PATRICIA (V.O.) This is Patricia.
KELLY Oh, hi.
CUT TO: INT. PATRICIA's OFFICE
PATRICIA sits in her huge, new corner office. It's half-empty and there are boxes everywhere.
PATRICIA You sound surprised to hear from me...
KELLY (V.O.) No, no....
PATRICIA We've got to talk about child support. It's not enough.
CUT TO: EXT. UNIVERSITY OF BALTIMORE LAW SCHOOL- NIGHT
KELLY (looking at watch) Look, I know we need to talk, but can I call you back? I'm running late for this...
CUT TO: INT. PATRICIA's OFFICE
PATRICIA No, of course, call me back. Call me back. Or, we'll let the lawyers go at it.
CUT TO: INT. UNIVERSITY OF BALTIMORE LAW SCHOOL AUDITORIUM - LATER
The room is packed with LAW STUDENTS. KELLY is developing quite a reputation. ROBINSON is in the audience. KELLY stands at a podium with a microphone. He has no notes.
KELLY I'm here today to tell you the truth: law school does not prepare you for reality. How many of you have suspected that?
There is tittering in the CROWD, as SEVERAL BOLD STUDENTS raise their hands.
KELLY (CONT'D) The biggest lie you learn here is that defense attorneys believe their clients are innocent. We don't. We don't assume they're guilty, either, though that's more likely. We don't judge our clients because that's not in our job description. Our job is to DEFEND - the prosecutor will prosecute. The judge will judge.
The CROWD has become quiet, listening closely.
KELLY (CONT'D) People ask me: how can I do this job? How can I represent people accused of heinous, violent crimes? Is it that I believe in the system? Yes. I do. Even though it's flawed and imperfect, just like the people who created it. Am I a crusader for the one innocent guy who is wrongly accused? Definitely, but there aren't a lot of them. The real reason I do this job is because I have a personality disorder.
The CROWD laughs.
KELLY (CONT'D) It's true. It's called "Oppositional Defiant Disorder," and it really helps if you suffer from it. I like to fight. I'll admit it. I like to fight and I like to win. My father was a boxer, and I was in the ring when I was a little kid. I fight like they're prosecuting me. I don't know any other way.
A LAW STUDENT raises her hand.
KELLY (CONT'D) Question. Yes.
LAW STUDENT #1 Why do you think people have such a low opinion of defense attorneys?
KELLY (that's obvious...) Because we get a lot of guilty people off? And because it is our job to introduce doubt, however we possibly can. Doubt destroys certainty, and people like certainty. They like the world to be black and white, but it isn't. If the State's case is "the truth," then my job is to distort "the truth" any way I can.
LAW STUDENT #1 And that's justice?
KELLY It's all trickery and deceit, but it's also justice. Without advocacy, the deck would be completely stacked against our clients, who are, for the most part the poorest, most disenfranchised members of society. They don't come to us because they want to. They come to us because they have no other choice.
LAW STUDENT #2 I was an intern in the PDs office last year, and it's a pretty stressful environment. What's your secret to surviving under all that pressure?
KELLY I have a philosophy I like to call "irrational positiveness." I know the prosecutor has a solid case, and that my client's defense is absurd. Intellectually, I know we're fucked. But I walk in there believing I can win. You can't control much in a case, but you can control your attitude. And you can never win unless you think you can.
LAW STUDENT #3 Do you blame society for criminal behavior?
KELLY Who else are you going to blame - God? Look, everyone has choices. But if you screw up, which we all do, there has to be a buffer between you and the State, otherwise it's Mussolini time. Think about it: the police and the prosecution have all the facts and evidence. They have witnesses and experts and they're certain my guy committed the crime. If it was up to them, I would roll over and play dead. They'd present their case to the judge - who is so inundated by crime that he has lost all perspective on guilt and innocence - and that would be the end of it.
LAW STUDENT #3 But hasn't the Sixth Amendment always guaranteed right to counsel?
KELLY Yes, but until Gideon versus Wainwright in 1964, that right was really just on paper. In the old days, the judge would appoint a defense attorney to try the case, he'd give his verdict, and once the case was done, he'd decide what to pay you. You can be sure the harder you made his job, the less you got paid. Now at least our clients have a chance for adequate representation.
LAW STUDENT #4 How do you feel when a hardened criminal is sent back out on the street?
KELLY If he's my client, I feel great. It's a rush to give someone their freedom. (beat) But sometimes there's a nagging feeling that I've done something wrong.
CUT TO: INT. COURTROOM #2 - The NEXT DAY
SMITH and ROBINSON are sitting in the gallery behind COVINGTON and COPELAND, who are at the trial table. COVINGTON has gotten quite confident defending himself.
COVINGTON Your honor, I would like to make a motion.
JUDGE RIFKIN Regarding?
COVINGTON This case is dragging on and on.
JUDGE RIFKIN I beg your pardon?
COVINGTON Well your honor, under the Maryland Rules of Procedure, under Rule 470, Section 27 - I mean Article 27, Section 691 of the Annotated Code of Maryland...
JUDGE RIFKIN Get to the point.
COVINGTON If my memory serves me right your honor, this rule pertains to a fast and speedy trial. Am I correct?
JUDGE RIFKIN Bailiff, will you please bring the volume to which Mr. Covington is referring?
The BAILIFF hands the JUDGE a huge law book.
JUDGE RIFKIN (CONT'D) (patronizing) I have Article 27, Section 691 before me. It refers to the Bertillian Method of measurement and registration, by which in the late 1800's a defendant's identity was ascertained by the size of his skull. Is that what you meant?
COVINGTON I'd like to apologize to the court for not having my law books with me. My point being I'd like you to dismiss the case due to the lack of a speedy trial.
WENK By starting the trial phase this issue has already been waived. I hope your honor will deny...
JUDGE RIFKIN Motion denied.
COPELAND This is some bullshit. I object!
ROBINSON is visibly upset.
ROBINSON This is a joke. Can't the judge see that?
SMITH At this point, he can't see anything straight. Don't take it so hard. We're not even the pall bearers on this one.
CUT TO: Int. KELLY'S OFFICE
KELLY is busy - he's on the phone, online and reviewing case files all at the same time. DARREN RICHARDS knocks on the door, papers in hand. KELLY is testy, stressed - he waves him off, but RICHARDS enters anyway.
RICHARDS You need to fill these health forms out. They're two weeks late.
KELLY (putting his hand over the phone receiver) Put them on the chair.
RICHARDS You're not going to be able to register if you don't...
KELLY I'll get to them when I get to them.
RiCHARDS But...
KELLY Has Alan filled his out yet?
RICHARDS indicates of course not.
KELLY (CONT'D) I'll do mine when he does his.
RiCHARDS How will I ever get any respect around here?
KELLY (dismissive) I really have no idea.
CUT TO: INT. PUBLIC DEFENDER'S OFFICE RECEPTION AREA
A MESSENGER delivers a huge bouquet. Two dozen red roses. AMY MILLER walks by admiring the flowers.
MILLER Those are gorgeous. Someone got lucky.
RECEPTIONIST They're for you.
MILLER (embarrassed) What?
OFFICE STAFF gathers around to watch her open the card - this doesn't happen around here very often. MILLER loves the attention.
RECEPTIONIST (teasing) Who's it from?
INSERT: Close-up on card, which reads: "Thank you for getting me off. Kisses, Romeo Watts."
MILLER (her face turning bright red) Just another satisfied customer.
CUT TO: INT. COURTROOM #4
KELLY is in the courtroom waiting for his client CHICO to be brought up from the Bull Pen. He smiles at the pretty COURT REPORTER, always flirting. She smiles back. A DEPUTY enters with CHICO. There is clearly something wrong with him - the DEPUTY has to drag him over to the trial table.
DEPUTY (to KELLY) I think your client may be on drugs.
KELLY looks at CHICO, who is splayed out with his head on the trial table.
KELLY You think? (to COURT REPORTER) This should be good.
BAILIFF All rise for the honorable Judge Charles D. Harris. The circuit court of Baltimore City is now in session.
The whole courtroom stands except CHICO.
JUDGE HARRIS Please be seated. The court is seated.
JUDGE HARRIS (CONT'D) Good morning, counsel. Please identify yourself for the record.
MARK VAN JOHNSON Mark Van Johnson on behalf of the State. We call case #1974001-0006 from today's docket. The State has charged George Smith AKA "Chico" with the armed robberies of Doris Summerfield and Monroe Chappington, and one count of arson stemming from an incident on August 3rd 2005.
JUDGE HARRIS Mr. Kelly, would you like to respond?
KELLY (innocently) Your honor, I think there's something wrong with my client.
He indicates CHICO, who is completely out.
JUDGE HARRIS (angry - he's seen this trick before) Return the defendant to the Baltimore City Jail - it's clear we can't proceed with Mr. Smith in this condition. Counsel, Sheriff, Officer, approach the bench.
KELLY, MARK VAN JOHNSON, CORRECTIONAL OFFICER and SHERIFF approach the bench.
JUDGE HARRIS (CONT'D) I order the defendant to be strapped to a bench and kept under observation. Do what you have to do, but make sure he's sober tomorrow morning. We'll continue the case until then. (to CORRECTIONAL OFFICER) Tell the Warden he doesn't need another investigation about access to drugs in his jail. For Christ's sake, we've got trials to conduct.
CORRECTIONAL OFFICER Yes sir.
KELLY returns to the trial table.
KELLY (sarcastic, to CHICO's unconscious body - for the benefit of the COURT REPORTER) Smart move. Very smart move.
Cut to: Int. COURTROOM #1
The jury is out on PEACHERD. As they deliberate, everyone waits. The courtroom feels empty and still. The COURT REPORTER is quietly reviewing her notes. Two SHERIFFS whisper in the corner. A clock ticks. PEACHERD'S MOTHER sits in the gallery with her BOYFRIEND, re-reading her son's letter. KELLY sits at the trial table, reading the paper. On the cover is an article about the State's Attorney's race for re-election. The headline reads "CANTOR PROMISES HARSHER SENTENCES, MORE EXECUTIONS" SANTIAGO is on his Blackberry.
INSERT: Close-up on an email he is writing: "Jury's still out. Worries me that they have so much to talk about..."
There is a knock from the jury room that echoes throughout the courtroom - they have reached a verdict. The JURY returns to the box. The jurors are smiling at PEACHERD, KELLY and PEACHERD'S MOTHER, broadcasting the verdict. They ignore SANTIAGO, who is sitting closest to the jury box.
JUDGE HOWARD Ladies and gentlemen, have you reached your verdict? JURORS (each in their own way) We have.
JUDGE HOWARD Does it represent the verdict of each and every one of you?
JURORS (each in their own way) Yes, it does.
JUDGE HOWARD Who will speak for you?
JURORS (each in their own way) Our foreman.
The JURY FOREMAN stands, nervous, holding a piece of paper.
JUDGE HOWARD Mr. Foreman, have you agreed upon a verdict? JURY FOREMAN Yes, we have.
JUDGE HOWARD How say ye, Mr. Foreman? As to indictment #194624001, the first count charging armed robbery: is the defendant guilty of the matter where he stands charged, or not guilty?
JURY FOREMAN (mumbling) Not guilty.
CLOSE-UP on PEACHERD'S MOTHER.
PEACHERD'S MOTHER What did he say?
BOYFRIEND Not guilty, I think.
KELLY puts his arm around PEACHERD, hugging him. The JURORS all smile. PEACHERD'S MOTHER'S BOYFRIEND holds her as she cries happy tears. SANTIAGO fumes.
JUDGE HARRIS Ladies and gentlemen of the jury, thank you for your service. You may be dismissed.
As a GUARD leads PEACHERD out of the courtroom, SANTIAGO approaches KELLY.
SANTIAGO (angry, but shaking KELLY's hand) Nice case. Another fucking miscarriage of justice.
KELLY You know, he's not a bad kid. He might just end up OK.
SANTIAGO Maybe so.
KELLY You tried a great case. He was just really likeable. Besides, he was almost raped...
SANTIAGO (laughing and shaking his head) You're such a prick.
CUT TO: INT. BULL PEN
KELLY, PEACHERD'S MOTHER and the BOYFRIEND wait on the other side of the bars for PEACHERD to be released. A GUARD stamps PEACHERD's paperwork, and hands him a garbage bag containing his belongings. A big metal door opens and PEACHERD comes out, looking like a boy in his sweatshirt and sneakers. PEACHERD's MOTHER turns to her son and opens her arms. They embrace for the first time since he was a baby. She turns to KELLY and gives him a hug and a kiss on the cheek. He's a little startled, but takes it in stride. PEACHERD goes to shake KELLY'S hand.
PEACHERD Thanks, Mr. Kelly. Thanks very much.
KELLY Congratulations. Both of you.
PEACHERD, PEACHERD'S MOTHER, and the BOYFRIEND walk together down the hallway. KELLY walks a few paces behind - he was a hero in the courtroom, now he's on the sidelines. They exit through a side door onto Fayette Street. All four gather on the sidewalk and PEACHERD thanks KELLY again. The new FAMILY, chatting enthusiastically, turns and walks up the hill together into the setting sun. KELLY stands watching from the doorway, experiencing a moment of genuine satisfaction. His adrenaline flowing, he smiles to himself, and privately pumps his fist in the air before walking briskly across the street back to his office.
CUT TO: INT. KELLY'S CAR - MOMENTS LATER
KELLY places a call on his cell phone.
KELLY Hey, you still there?
MILLER (V.O.) I was just leaving. What's up?
KELLY It's been a long day. I could use a drink. Meet me at Sascha's?
CUT TO: INT. AMY MILLER'S OFFICE - CONTINUOUS
MILLER One drink, Mr. Kelly. Then it's home to bed.
CUT TO: Int. KELLY'S CAR
KELLY Yours or mine?
MILLER (V.O.) Ha ha ha.
CUT TO: INT. Sascha's - NIGHT
MILLER and KELLY enter at the same time. They see SMITH, ROBINSON and a few others seated at the bar. They've been there a while. KELLY puts all hopes of romance aside and they join the group. ROBINSON is despondent.
ROBINSON The case is a disaster. Those guys are going to get nailed.
SMITH Did YOU hold up that nice couple in broad daylight?
ROBINSON No, but...
SMITH And do you really think those guys didn't do it?
ROBINSON I don't know. (beat) They probably did.
KELLY Here's the real question: are you enjoying yourself?
ROBINSON (reluctantly) Yeah.
A cheer goes up in the group.
SMITH Beats manual labor, right?
KELLY Look, the next best thing to being in court and winning is being in court and losing. At least you're in the game. (singing) "You may lose or you may win, but you will never be here again..."
KELLY shoots a meaningful look at MILLER, who blushes. She's always found him attractive...
CUT TO: INT. KELLY'S CAR - LATER
The same song is playing on the car radio as KELLY drives home to Chase Street apartment. "Lighten up while you still can, don't even try to understand..." It plays overhead as he parks on the street, broken window be damned...
CUT TO: EXT. KELLY'S APARTMENT HOUSE
...and as KELLY quietly puts his key in the door and sneaks into the dark apartment.
CUT TO: INT. KELLY'S APARTMENT
The song is still playing as he enters the apartment. AMY is asleep on the sofa bed, surrounded by math books, her cell phone next to her on the pillow. KELLY goes quietly into BRIAN's room, stepping over a tangle of sports equipment and clothes. He watches his son for a moment, then gives him a gentle kiss on the cheek. "Just find a place to make your stand, and take it easy..."
THE END
