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Judges
Now showing -- July 4, 2003 Copyright 1996, 2003 Dan Sewell Ward FADE IN: INT: DENVER FEDERAL COURTHOUSE, MAIN COURTROOM -- MID MORNING Sophing is delivering his summation to the jury. The jurors all looked faintly bored, and the courtroom in general is calm. Everything seems to be going according to script. SOPHING I beg of you as jurors to put aside all of the emotions, to disregard the dramatic and theatrical show of the District Attorney’s attempts to dazzle you, to look instead at the evidence, and never stray from your sense of justice, of right and wrong, or what really matters. Sophing stops for a moment, the hand holding papers slowly lowered to his side. He turns momentarily and looks to where the defendants and Lisa are sitting. Then he looks at Howell. Turning back to the jury, he takes a slow, deep breath. SOPHING I urge you further to also consider in your deliberations, all of the possibilities. Including those not specifically presented to you thus far -- which for various legal reasons have not been part of this trial. The faint smiles on Howell and Mayor’s face are suddenly replaced by expressions of concern. Lisa makes momentary eye contact with Sophing, and he briefly smiles. SOPHING As members of the jury, you have the absolute right to acquit, no matter the law. You have, in fact, a right, a responsibility to judge the law. You have a right to seek all the evidence, not just that arbitrarily allowed by this court, to seek all information that might aid you in administering justice. The court erupts in bedlam. Howell and the judge both come out of their seats. HOWELL Objection! Not in evidence!
STARLING Mr. Sophing! Sophing ignores the judge and prosecutor and continues to talk to the jury. SOPHING The Defendant’s experiments, on the basis of any law of science, could not account for the explosion. It is clear that the explosion was intended by other vested interests to prevent the success of valuable research and discredit via misinformation and deceit the legitimate research efforts of my clients.
STARLING Order in the court! Objection sustained. Mr. Sophing! In my chambers! Now!
SOPHING I don’t think so. Starling, now standing, suddenly hesitates as he looks at Sophing. Howell had already started for the judge’s chambers as well, and is now caught in mid-stride. Sophing is staring confidently at the judge. SOPHING This is a matter for an open court. The jury must be apprised of its right to acquit and ignore any law it thinks unjust. Including the court’s arbitrary and capricious restrictions on the evidence thus presented. Starling glowers at Sophing, before turning to the Bailiff. STARLING Bailiff! The jury will retire. Now. The Bailiff moves quickly as Starling and Sophing stare at each other, with Howell watching Sophing with anger and disbelief. The jurors quickly move to leave the room, with only Lola oblivious to the ramifications. LOLA Are we finished? The jury files out, without another word being spoken in the courtroom.
INT: DENVER FEDERAL COURTHOUSE, MAIN COURTROOM -- AFTERNOON Starling, as the modern day judge, is talking directly to the jury. STARLING Any so-called “alternative theory” is not admissible in evidence, and must not be considered in your deliberations. You must forget and totally ignore the defense attorney’s unfortunate and highly irregular outburst. You must restrict yourself to only those points of law, testimony, and evidence which have been presented in court. Under no circumstances are you to consider any conflicting or alternative theories of other guilty parties might be. You are not here to judge any laws, but only to appraise the evidence [FOLLOWING SCENES QUICKLY SEGUE INTO ONE ANOTHER]
INT: SESSIONS HOUSE, MAIN COURTROOM -- 1670 LONDON, AFTERNOON STARLING You have heard the evidence presented here; you have heard Lieutenant Cook, Constable Reed, and Constable Whiting testify to the great, disturbing tumult in Gracechurch Street, and that Penn was speaking there in great agitation, waving his arms about and inciting them against the king, his peace and his dignity. You have heard Captain Mead was there, yet not stopping that prating fellow. The evidence is very clear that they did disrupt the king’s peace. They would not yet be stopped, if they were not removed, but would go into the night. INT: DENVER FEDERAL COURTHOUSE, MAIN COURTROOM -- AFTERNOON STARLING The severity of the crime for which the defendants are charged, demands of you as jurors to endeavor to use your most discriminating and conscientious judgment. The question of guilt or innocence of the defendants is critically important in dealing with the threat posed against everyone in society. Only by virtue of a clear, definitive verdict can Law and Order in this country be upheld. INT: SESSIONS HOUSE, MAIN COURTROOM -- 1670 LONDON, AFTERNOON STARLING The defendants took no notice of their actions, caring nothing for the dangers and inconveniences caused by their silly ranting and mad raving. For what do they care of the threat to your health, as long as they can continue their silly canting? They are clearly guilty of contempt, and by a guilty verdict, the defendants will be convicted, and justifiably confined to prison. This is essential for the public welfare, to protect the citizenry from dangerous agitators, to ensure the honor of the Crown of England. INT: DENVER FEDERAL COURTHOUSE, MAIN COURTROOM -- AFTERNOON STARLING You, the jurors, have in many respects the responsibility for the defense of liberty, by ensuring, to the very best of your ability, that the guilty are punished, that the victims of crimes receive restitution, and that the innocent are exonerated. INT: SESSIONS HOUSE, MAIN COURTROOM -- 1670 LONDON, AFTERNOON STARLING Therefore go to the jury room and agree quickly to bring in guilty that we may be done with this tiresome matter and that you as jurors will find relief in food and drink. Bailiffs, take the jurors up. INT: DENVER FEDERAL COURTHOUSE, MAIN COURTROOM -- AFTERNOON STARLING Clearly, you make take sufficient time in your deliberations, but if necessary, I will require you to deliberate this weekend. You will begin tomorrow morning. [END OF QUICK-SEGUED SCENES]
INT: SESSIONS HOUSE, JURY HOLDING ROOM -- 1670 LONDON The jury holding room is a cramped, shell of a building, filled with the 12 jurors. There are no facilities except two small chamber pots and a small table with rotting bread. The jury members are lounging about, most sitting and leaning against a wall. Jack and Edward are sitting next to each other, with Charlie nearby. Charlie is winding a small piece of leather around his fingers. Then he surveys the surrounding room. CHARLIE So what exactly was it that we did to deserve this royal treatment?
JACK Wrong place, wrong time, I suppose.
EDWARD Or just the opposite.
CHARLIE What do you mean?
EDWARD Perhaps we’re in the right place at rather precisely the right time. Again.
JACK I think you’ve lost us.
EDWARD Ever hear of Horatio and the defense of Rome?
JACK Yeah, but I don’t remember any details. Too busy trying to make a living.
EDWARD It’s a fascinating tale. Happened in the late sixth century B.C.
FLASHBACK: EXT: AREA SURROUNDING THE SUBLICAN BRIDGE, ROME Etruscan soldiers, carrying small round parrying shields with a spike in the middle on one arm, and their short swords at the ready in the other hand, swarm over a hill. Fires and devastation lay in their wake, while overturned carts and scrambling citizenry run before them. A small, clearly outnumbered group of Romans soldiers have meanwhile congregated near the Sublican Bridge, where they seem to be conferring. EDWARD (voice over) A hostile group of Etruscan soldiers were approaching the Tiber River and thence the Sublican Bridge which led to the heart of Rome. Behind the advancing phalanx were Lars Porsena and the entire Etruscan army. Once the Etruscans crossed the bridge, Rome would be theirs. Three Romans (in the persons of Edward, Jack and Charlie) detach themselves from the others, and move toward the center of the bridge. A fourth Roman (John Hammond) steps up with an axe and begins hacking at the bridge supports. EDWARD (voice over) The Romans needed time to cut down the bridge. Unless the Etruscans could be stopped before they crossed it, Rome was lost. They needed volunteers. Etruscan soldiers approach the bridge as rapidly as they can, but the narrow bridge will only allow two or three men to cross abreast at one time. They nevertheless launch themselves at the three Roman soldiers on the bridge, and the fighting ensues. As one after the other Etruscan falters and/or falls, the three Romans take on the next one in line. Horatio (Edward) leads the other two as they parry and switch positions. Both Jack and Charlie receive serious wounds, but continue to fight. Then the Etruscans who have not fallen off the bridge after being wounded or killed, begin to pile up. HORATIO (EDWARD0 Leap into the Tiber and swim to safety! Charlie, the Roman Soldier, takes one last slash at an Etruscan (sending him reeling off the bridge), and then turns and leaps feet first into the river in the direction of the Roman at the riverbank. Jack hesitates, and slashes another Etruscan. HORATIO Now! Jack turns, and leaps from the bridge. Horatio continues to fight, the Etruscans stumbling over themselves to get to him. John Hammond continues to hack away at the bridge, until suddenly it shudders and starts to give way to the river’s current. Horatio and the other Etruscans are thrown into river, as the bridge collapses. John Hammond, sweating heavily, looks up to see Charlie and Jack making their way to shore, with Roman Soldiers rushing to greet them. Then he sees Horatio making his way to shore as well. The Etruscans, still above water, are swimming to the other side.
INT: SESSIONS HOUSE, JURY HOLDING ROOM -- 1670 LONDON EDWARD One man, single-handedly, had for a time, stopped the entire Etruscan army dead in its tracks. He had stopped the onslaught, had kept the attackers at bay. Edward looks at the intense, curious and smiling expressions of Jack and Charlie. Then he looks over at John Hammond, who has been covertly listening to the story and leaning in their direction, his ears pricked. Edward smiles at John, and then at the other two men still looking mesmerized. EDWARD Initially, it took three volunteers to hold the bridge against the siege. And one strong man to chop it down. Jack, a slight smiles creeping onto his face, takes a long appraising look at Edward.
INT: DENVER FEDERAL COURTHOUSE, JURY ROOM -- MORNING The jurors file into the jury deliberation room, and begin to take their chairs. The door is closed by the Bailiff, who locks it with an audible click -- one that Jack takes notice of. JACK No matter how many times I hear that, I never quite get used to it. It sounds so final.
LIN SUE Maybe it’s for our protection.
BRIGHTMAN Just as long as we don’t have to go past the demonstrators again. Man, they make me nervous.
CHARLIE You mean, running the gauntlet of public opinion again? Several of the jurors grimly smile as they glance around at each other, and then turn to Veer, where he stands ram-rod straight at the head of the table. VEER I think it might facilitate things if we took an initial vote, sort of get the layout of the land. We might be able to save a lot of time. Several jurors seem agreeable, and no one specifically objects. VEER Fine. Then could we see the hands of those of believe they are ready to render a guilty verdict. Veer holds his hand up, as Brightman, Henley and then Lola quickly follow suit. Duke also raises his hand, but then quickly looks at Edward, Jack and Charlie, who are sitting very still and stoically watching the proceedings.
EXT: FLASHBACK: SUBLICAN BRIDGE, ROME Duke is watching Edward (Horatio), Jack and Charlie walk out on the bridge to defend against the Etruscans.
EXT: DENVER FEDERAL COURTHOUSE, JURY ROOM -- MORNING Duke’s hand goes slowly down. Veer, with a sober expression, looks at Duke. VEER Those of you who are voting not guilty? Edward’s hand goes up immediately. Jack and Charlie, each looking at each other and smiling, raise their hands as well. Veer appear surprised, his eyes blinking. VEER All those undecided? Lin Sue, Katrina, Thena, and Olivia then raise their hands. Duke then joins them, a fact which Veer takes particular notice of. Lola, bewildered, looks around the room. LOLA Weren’t we supposed to vote “guilty”?
VEER No. We’re each supposed to vote our conscience. Lola looks confused, but says nothing. Veer shrugs his shoulders, and sits down. HENLEY Oh, man. There goes my Sunday golf!
EDWARD All in a good cause.
HENLEY Then why do they call this, “the jury retiring”? Not my idea of retiring. More like work, if you ask me. The other jurors look at each other, some with surprise, some smiling slightly, others with curiosity, and some simply frustrated.
INT: SESSIONS HOUSE, MAIN COURTROOM -- 1670 LONDON, AFTERNOON The courtroom is filled, with only the justices absent. The Clerk of the Court looks at his time piece and then at Lord Howell, who is visibly frowning. Sophing leans forward toward Howell, gently tapping him on the back. SOPHING What’s wrong? They’ve been gone for almost half an hour. Howell shakes his head in disgust, as he turns back to SOPHING. HOWELL Not to worry. There are occasionally those who don’t initially understand their duty.
INT: SESSIONS HOUSE, MAIN COURTROOM --1670 LONDON, FOLLOWING The clerk again consults his time piece, and then goes over to where Lord Howell is sitting, the latter now in a controlled anger. The Clerk is about to confer with Howell, when Starling’s voice is heard from the open door to his chambers. STARLING What!? What do you mean, they haven’t returned? Then see that they do! The Bailiff scurries from the doorway, across the room, and out the door to the jury room. Howell smiles slightly and glances back at Sophing. The latter smiles and sits back in his seat, his confidence returning.
EXT: DENVER FEDERAL COURTHOUSE, JURY ROOM -- MORNING VEER I had assumed we were of the same mind.
CHARLIE Which is?
VEER Simply put: a guilty verdict.
CHARLIE Gee, I hope you’re not too disappointed.
LIN SUE Are you thinking they’re not guilty, or do you just need more time for consideration?
CHARLIE I’m trying to find the crime they committed.
VEER What in the world does that mean? They admitted on the stand they broke the law -- they failed to obtain a licenses from the Secretary of Transportation, no liability insurance... They flat broke the law! That’s not even an issue.
EDWARD It is if we disagree with the laws.
VEER Are you kidding? The judge was very clear about this. Our job, our only job, is to find the defendants guilty or not guilty. We don’t make law here in the jury room.
EDWARD On the contrary, that’s exactly what juries are for. The founding fathers, Jefferson, Adams, Franklin, and all the others; they gave us a Republic, not a democracy. And in a Republic, any jury can acquit anyone of any so-called crime if the jury thinks the law is wrong. This is what makes us a Republic: It’s called jury nullification.
VEER Are you a lawyer?
EDWARD I am not an attorney, or licensed before the bar. I don’t have to be. But I know the law. I believe in the Republic, in the Constitution for the United States. I’m a citizen with responsibilities.
VEER And you’re telling us that as a jury we can decide which laws to enforce and which ones to ignore.
EDWARD You’ve got it exactly.
VEER You’re crazy as a loon.
EDWARD No. Just an independent individual who believes in Liberty, and who will not submit to a tyrannical majority rule.
VEER This is total madness.
CHARLIE Maybe so, but it does have a lot of appeal.
INT: SESSIONS HOUSE, MAIN COURTROOM --1670 LONDON, FOLLOWING Starling comes stomping into the courtroom, followed by the other justices, as the courtroom hurries to stand up. The Bailiff is standing nervously before the bench. The jury box has eight members sitting on the hard benches. The eight who are present include: Veer, Plumstead, Hammond, Michel, Damask, Edward, Jack, and Charles. Missing are Henley, Walklet, Brightman, and Leaver. The judge does a quick count of the jurors, and quickly angers. STARLING This is only eight! Where are the others?
BAILIFF They have asked to be excused, your honor.
STARLING The bailiff will draw forth the other four! The Bailiff scurries to carry out his orders, as the Mayor then looks at the eight jurors. All, except Edward, are stoic and vaguely nervous. Within seconds the other four come into the courtroom. Henley is trembling, Walklet ashen white in complexion, Brightman sweating profusely, and Leaver almost crying. STARLING I will now have your verdict. Veer very slowly stands, as he tries to clear his throat. Then he straightens slightly. VEER We have no verdict, your honor. Starling and the other justices are incredulous, while the courtroom is hushed. ROBINSON What!? This is ridiculous. Starling takes a moment to study the jury. STARLING No verdict? Does this jury intend to defy the authority of the King, of Parliament, of this venal court?
HOWELL Your honor, there can be no convictions without the jury acceding.
STARLING I know that! Sit down! This jury will return to deliberations. I will give you one half hour before you feel the fury of this Court’s wrath! Starling rises in a huff and exits, the other justices quickly following. The Bailiff is already herding the jurors toward their exit.
INT: DENVER FEDERAL COURTHOUSE, JURY ROOM -- AFTERNOON OLIVIA But even assuming we don’t have to find the defendants guilty on the basis of their having broken some law we don’t agree with, we still have to make a decision as to whether or not their work resulted in the death of all those people
BRIGHTMAN Good point! What about the video tapes?
KATRINA Which may include sections of older tapes spliced into this one for effect. Remember what Henry Michel said.
BRIGHTMAN But Henry’s not here.
JACK Have you stopped to ask yourself, why?
VEER Let’s stay focused, shall we? Katrina has asked a question concerning the videos Charlie turns to address Veer directly. CHARLIE The relevant point is that video tapes and photos can be made to show anything. The only thing that counts is the credibility of the photographers, the processors, and anyone else who contributes to what we’ve just seen.
LIN SUE Not completely. If Katrina is right, then the videos may show us something that the prosecution probably did not intend. If they were made up to appear...
BRIGHTMAN We’re not starting that conspiracy discussion again, are we?
DUKE You don’t think the possibility of this whole disaster being intentionally done for some anal-retentive reason by the military or NASA or whoever is significant?
VEER Excuse me, folks! The judge has made it abundantly clear that we are not to discuss any alternative theories.
LIN SUE It was brought up in court.
VEER Illegally. The judge overruled it, and struck it from the record.
JACK Are you a lawyer, Veer?
LIN SUE Does he have to be?
JACK I’m simply saying that we have the responsibility to consider all of the evidence -- not just what the judge deems is relevant or not. We even have to consider the possibility that the entire thing was caused by UFOs, alien batting practice, or whatever. We may want to dismiss some of the latter ideas, but we still have to use our own discernment.
VEER That’s a direct violation of the judge’s orders. And in case you haven’t noticed, people who ignore rulings from the bench tend to find themselves in very hot water.
KATRINA But isn’t justice the key. Not blindly following the letter of the law?
VEER The key is to do what you’re told!
EDWARD Actually, the issue is jury nullification.
VEER Not that crap again! The room gets quiet while several look at Edward, as he casually looks back at each of them in turn. Then Duke leans forward. DUKE Are you suggesting we return a “not guilty” verdict? That’s a lot different from being undecided.
EDWARD No. I am suggesting we have the legal right and responsibility, if necessary, to ignore Court ordered directives in our attempt to uphold justice.
HENLEY Hold on a minute! This is getting entirely out of hand. Are you seriously suggesting returning a not guilty verdict? Do you want to go outside to that crowd and tell them you’re letting the accused go free?
EDWARD I’m saying we’re here to uphold justice. Everything else is irrelevant.
HENLEY An angry mob is irrelevant?
VEER I think you’re naive in the extreme. Veer stares at Edward, while Charlie glances back and forth between the two. CHARLIE I’d like to take a ballot.
VEER Not at this point.
DUKE Says who?
VEER You’re right, of course. Everyone in favor of guilty, raise your right hand. Veer keeps his hand up and is joined by Henley, Lola, Walklet, Brightman, and Olivia. VEER Those for not guilty. Edward, Thena, Jack, Lin Sue, and Charlie raise their hands. Duke, looking at Edward, Charlie, and Jack, smiles slightly, and raises his hand. Several turn to Katrina, who then slowly raises her hand. There is a heavy sigh in the room. VEER Six to six.
HENLEY Oh brother! A hung jury!
VEER Not yet it isn’t. Not on my watch! Time to review everything!
CHARLIE What exactly is the point of that?
VEER You people don’t get it. We can’t choose which laws we’ll follow.
EDWARD But we can choose the laws we allow to remain on the books. In fact, that’s our job!
VEER Our job is to obey the rules!
EDWARD Thomas Jefferson once said, “I consider trial by jury as the only anchor yet imagined by man by which a government can be held to the principles of its constitution.” John Adams said with respect to a juror, “It is not only his right, but his duty... to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.” Others have said, “Trial by jury is trial by the people. When juries are not allowed to judge law, it becomes trial by government.” Another said: “If a juror accepts as the law that which the judge states, then that juror has accepted the exercise of absolute authority of a governmental employee and has surrendered a power and right that once was the citizen’s safeguard of liberty.”
VEER You can quote to your heart’s content, but that doesn’t mean anything to us! Do you people have any idea what happens to those who go up against the grain. I’ve been there!
LIN SUE What do you mean?
VEER A couple of years ago in some small town here in Colorado, there was a marijuana trial. One of the jurors, some gal named Laura Kriho, and who had once smoked marijuana herself, got it into her head that smoking marijuana was no big deal and voted for acquittal. The jury ended up hung, but then the prosecution went after her. They made all sorts of accusations against Kriho, things about lying on her juror’s form, that she held a prejudice against drug cases, but hadn’t told the court when she was being questioned for jury duty.
CHARLIE Had she lied?
VEER Who cares? They can still charge you with a crime and make your life hell while you try to defend yourself.
EDWARD But had she done anything to disqualify her for jury duty?
VEER No. The judge even said of Kriho that she had “the power but not the right to disregard the law. That is not the case here in Colorado.” Whereupon the prosecution promptly guaranteed in court that her punishment would be no more than six months. This prevented Kriho from asking for a jury trial and thus getting herself acquitted in the same way she had acquitted the original defendants. It was a done deal. And sure as hell, she got six months in jail.
EDWARD Anyone know the fate of the signers of the Declaration of Independence? Not just the ones who showed up on our various dollar bills. But the majority of the signers who lost their fortunes, their families, were killed or seriously wounded in the war. Can we do less than they did for us?
VEER You really do have a death wish, don’t you?
EDWARD What sort of wish do you have, Michael?
INT: SESSIONS HOUSE, MAIN COURTROOM -- 1670 LONDON, LATE AFTERNOON Starling is glowering at the jury, as the foreman takes his seat again. Despite the rough benches and their bedraggled appearance, some of the jurors are sitting up straight -- even as some look like death warmed over. STARLING Your refusal to honor this Court’s instructions, your procrastination to deliver a verdict, your direct affront to the Crown of England, will not be tolerated. Bailiff! You will lock the jury in their room until they see reason. There will be no food, no water, not so much as even a chamberpot! Then we will see who makes law in this Court!
HOWELL Your honor, with all due respect and honor, may I remind you: There are basic...
STARLING Yes, yes, I’m well aware of such things. As a concession to Lord Howell’s conscience, I will convene this Court again tomorrow morning, on a Sunday. In the interests of the health of the jurors. Take then away! Starling rises abruptly and exits the court, followed by the justices. The jurors slowly rise and begin to file out under the leadership of the Bailiff.
INT: DENVER FEDERAL COURTHOUSE, JURY ROOM -- LATER KATRINA As some of you know, I am something of a NASA reject. I am also aware of the science that Matson was basing his theories on. They may be valid.
JACK If that’s the case, then NASA being an agency of the Department of Defense may very well have decided that Pence and Matson were skirting about Top Secret matters, and that…
VEER Are you kidding me? Some off-the-wall conspiracy theory involving the federal government?
CHARLIE The federal government is a conspiracy. By definition. Everyone knows that. It’s the old saying: “I love my country, but I fear my government.”
EDWARD One of the things that should concern us is the wholly inadequate defense. If the defense attorney had not spoken about jury rights in his summation, I would have thought him to be bought and paid for by the prosecution.
CHARLIE I picked up on that too.
LIN SUE You’re telling us that this whole court case is one big conspiracy?
CHARLIE Why not? They’ve got an angry mob out there. They’re politicians. They wouldn’t think twice about throwing some kids to the wolves.
KATRINA But does that include being the people who killed all those people?
EDWARD That is something we don’t know. In fact, it’s something we will never know.
VEER That’s enough! This is total madness!
CHARLIE You got that right. But I suspect you’re talking about the jailers instead of the detainees.
EDWARD There was an inadequate defense, the judge summarily dismissed any and all theories of anyone else possibly being responsible for the crime, and there was a total lack of evidence which showed the experiment could have caused the explosions.
KATRINA There is also the “burden of proof beyond a reasonable doubt.”
INT: SEQUESTERED HOTEL (DENVER) -- EVENING The jurors are all lounging about the mini-lounge at the hotel. There is initially no conversation, as all seem faintly distant from each other. Everyone looks exhausted, several of them with their hands over their eyes. Brightman begins looking around at each other person, and then with a slight smile, sits up and leans forward. BRIGHTMAN Ever since I was a boy, my hero has always been George Washington. I was named after him, you know. My middle name.
VEER Really!
BRIGHTMAN |
