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The courtroom.
Mr Armbrust: I was fighting with her.
Arnold: Your wife?
Armbrust: Yes. And I was in an enraged state, I don’t deny that. And then Gary came charging in, and he was enraged. In fact, he looked on something. That’s why I got the gun.
Arnold: You pulled a gun on your own son?
Armbrust: No. I was afraid, and I grabbed the gun, in case I needed one.
Arnold: And then what happened?
Armbrust: He and I started yelling at each other. Then he lunged at me, trying to wrestle me to the ground. That’s when the gun went off. And it hit Charlotte.
Arnold: Gary attacked you?
Armbrust: Like I said, I think he was on something.
Helen: Why was there only blood on you?
Armbrust: Gary was on the other side of me. I was between him and his mother. And I’m larger than he is, so I guess I blocked it.
Helen: You’re larger, yet you felt physically threatened by your son?
Armbrust: I thought he was under the influence of drugs, and I didn’t know what he might do.
Helen: So it was self defence?
Armbrust: No. It was an accident.
Helen: Well, you said you pulled the gun because you were afraid.
Armbrust: Yes. I was afraid. I was afraid that he might hurt me. So I grabbed the gun.
Helen: Afraid he’d physically assault you?
Armbrust: He did assault me. That’s when the struggle took place, and the gun went off.
Helen: And it was an accident?
Arnold: Asked and answered.
Helen: Did you tailor your story to fit your son’s testimony?
Arnold: Objection.
Armbrust: No, I did not.
Helen: Your wife leave a will?
Armbrust: Yes.
Helen: Who inherits?
Armbrust: I guess I do. As well as my son.
Helen: Wow! Accident you both make out. What, did you both plan this little “witness for the prosecution” stunt?
Arnold: (rising) Objection.
Judge Watson: Sustained.
Helen: You both conspire to kill her, setting him up as our witness?
Arnold: Objection.
Judge Watson: Sustained.
Helen stops and tries to compose herself.
The office.
Rebecca: I got it.
Bobby: What?
Rebecca: You pay your own utilities, right?
Lucy: Yeah.
Rebecca: Theft of electricity. He plugged his equipment into your outlets. There’s some case law. Theft of electricity.
Lindsay: That sounds like a stretch.
Bobby: It’ll buy us a warrant. Get Eugene.
Lucy’s superintendent’s apartment. Detective Mike knocks, and Connelly peers out.
Mike: Mr Lawrence Connelly?
Connelly: Yeah.
Mike: You’re under arrest. (they move into the apartment)
Connelly: For what?
Eugene none-too-gently pushes past him.
Mike: Theft of electricity and trespass.
Connelly: What?
Mike: We have a search warrant.
Connelly: W-wait. What the hell’s going on here?
Mike: Read him his rights.
Another policeman begins to do that.
Connelly: What are you looking for, stolen electricity?
Eugene: Bobby.
He indicates a wall filled with video tapes, all marked “Lucy” followed by a date. There are dozens of them.
Eugene and Bobby look at each other. Bobby turns back to where the police are still reading Connelly his rights.
Bobby: Uh, do me a favour, Mike, and have your boys search the bedroom.
Mike: (nodding) Bedroom, now.
Bobby: Now, can you look away?
Mike: Five seconds. Don’t hurt him. (he turns and faces the window)
Bobby grabs Connelly by the throat and pushes him up against a wall, repeatedly.
Bobby: (through clenched teeth) She’s a teenager and a friend of mine, you sick bastard!
Mike: Okay, Bobby. (he gets in between them and forcefully pushes Bobby away) I said okay, Bobby!
Connelly puts his hands to his throat and gasps for breath.
Connelly: They were security tapes!
Bobby lunges for him again, but Eugene grabs him, while Mike tries to keep them apart.
Mike: (trying to calm him down) We’ll take it from here, Bobby.
Eugene lets go of Bobby, who puts his hands in the air.
Helen’s office.
Helen: Basically, I’ve got two choices. I can argue believe his testimony at the prelim, but they’ve got reasonable doubt. Or I can argue some witness for the prosecution theory which, who knows? It could be that. Things have certainly worked out for them.
Mark (Is he the DA?): Witness for the prosecution?
Helen: We relied on the son, Mark. He changes his testimony at trial, instant reasonable doubt.
Mark: With the threat of perjury.
Helen: Ah, he won’t do much for that. We both know that. So does he. If the recanting is ruled timely he can get off all together. Which his lawyer told him. (she sighs) I’ve lost another murderer. (she shakes her head) I can’t believe this. First, I lose a guy who dices up a nun, now I’m -
Mark: Can you recall forensics, prove it couldn’t have happened the way they’re saying?
Helen: I can’t prove it. Not beyond a reasonable doubt. (she pauses) I can’t believe this.
Mark: Yeah, well, I wouldn’t go witness for the prosecution. It’s too desperate and I think it’s too late. Just give it your best shot.
Helen: There’s gotta be a way. I’m gonna find a way.
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Bobby’s office.
Lucy: (on the verge of tears) A hundred tapes?
Bobby: He had other cameras planted in different places.
Lucy: So he has videos of me doing everything?
Bobby: I arranged to have them destroyed.
Lucy: But they could’ve already been uploaded on websites.
Bobby: (nodding) Yes.
Lucy: Will he go to jail?
Bobby: He’s being arraigned today. I told Jimmy to cover it. But, Lucy, the law of stealing electricity, maybe trespass… He won’t do any time. (she begins to cry) Hey.
Lucy: What if my father
Bobby: You said he doesn’t own a computer.
Lucy: Yeah, but what if somebody makes a tape off the computer and
Bobby: Look, you did nothing wrong.
Lucy: (vengefully) Well, can I sue him?
Bobby: Well, you could, but he’s pretty judgement proof. He did lose his job. I mean, that’s something.
Lucy: (wiping her eyes and getting up) Um, I should get back to work.
Bobby: Uh, you wanna take the day off?
Lucy: And do what? Go home? No, I’m fine. I got a lot of work to do. I’m doing fine.
Bobby: Lucy. The reason you feel so violated is because you have been. And this is no time to play tough. Look at me. (she does) Maybe this isn’t the equivalent to rape, but that man took your privacy from you. That’s not nothing. It wouldn’t be a bad idea to get some counselling.
Lucy: Okay.
Bobby: And it wouldn’t be a bad idea to lean on people here a little.
Lucy: (beginning to cry) It’s just that I feel so
She breaks off, and Bobby hugs her as she cries.
A courtroom.
Arnold: Two different versions from the same witness. How do you know which one is true? The state will probably stand up here in a few minutes and try to convince you that Gary Armbrust suddenly felt bad. Didn’t want to see his father convicted, changed his story. Now you heard Miss Gamble toss out witness for the prosecution, they did it together for the insurance. Now that theory came at the eleventh hour, didn’t it? Why? Desperation. Because the only eye-witness told you it was an accident. Told you he attacked the defendant causing the gun to go off. Do I really need to be standing up here arguing reasonable doubt? The state wants you to believe Gary Armbrust is truthful when he says one thing, but he has no credibility when he’s saying another. But you can’t have it both ways. (he sits)
Helen: Yes. We have two versions now from one witness. (she points to the jury) It’s up to you to weigh the credibility and circumstances of each. You’re free to discredit the recantation and find that the truth lies in his original accusation. And I’ll tell you why you should. Gary told the officers at the scene that his father murdered his mother. He said that they had a bitter argument, she threatened to leave him and he shot her point-blank in the chest. Now. Gary testified to the same facts under oath at the preliminary hearing. Not one inconsistency in any of the details. Every last bit of his account was consistent with every piece of physical evidence. And suddenly, just as the trial begins, he has a change of heart. And I guess we can understand. He’s just lost his mother. He doesn’t want to lose his father, does he? And, well, maybe he’s found a way to even forgive his dad. But we can’t. A woman is dead. Charlotte Armbrust deserves to have us stand up for the truth even is her son no longer can. Charlotte doesn’t have a voice anymore. You do. We all know what happened. (she walks to her table and hold an evidence bag up for the jury) Prints, only belonging to the defendant. Blood spattered only on the defendant. We have the threats. That man (indicating Armbrust) committed murder. And his son, well, he’s suddenly decided he wants him to get away with it. Do you? (she looks meaningfully at the jury)
Another courtroom. Connelly is escorted in.
Clerk: 32623. Commonwealth versus Connelly. Trespass, theft of electricity.
Olsen: Robert Olsen for the defendant.
Judge Kittleson: Theft of electricity? Are they prosecuting that these days?
ADA: Your honour, the defendant is a superintendent at an apartment complex. He installed cameras to tape one of the dwellers, then he uploaded her naked images on the internet. Theft of electricity
Judge Kittleson: (sternly) Hold on a second. (she glances at Jimmy, who nods slightly. She turns back to Connelly.) Well, well, well, Mr Connelly. Did you get the wrong judge.
Olsen: We’ll waive reading, your honour.
Judge Kittleson: Why don’t you wave goodbye while you’re at it? (to Connelly) Did you have fun invading a young woman’s privacy?
Olsen: Excuse me, your honour?
Judge Kittleson: Counsel, you speak when I ask you to. (back to Connelly) Uploading her naked images on the internet? Funny, I just discovered things about me on the internet. Maybe there’s stuff about all of us. Who knows. (she pauses) Take off your pants.
Olsen: Your honour!
Judge Kittleson: Bailiff! Would you please take Mr Olsen into custody. He’s in contempt.
Olsen: (outraged) What?
Judge Kittleson: You want another chance? Then shut your mouth! Mr Connelly, drop your pants right now, or I will add contempt to your charges and you will go straight to a jail cell. I am going to count to three. 1… 2…
Connelly unzips his pants and they fall to his ankles. The gallery gasps, and the clerk looks away.
Judge Kittleson: (shaking her head) No underwear. Figures. And nothing much else, I might add. (the gallery chuckles) Do you feel violated, Mr Connelly? Exposed? (the clerk sneaks a peek and laughs) How does it feel? Turn around and face the gallery. Show them what you haven’t got.
ADA: Your honour, even I have to say this is a little bit irregular.
Judge Kittleson: Tough! (threateningly) Turn around, Mr Connelly.
He glares at her, but slowly turns around. The gallery, shocked, begins muttering.
Judge Kittleson: Take Mr Connelly. Put him in jail. We can arraign him again tomorrow. Would you call the next case, please? (Connelly reaches down for his pants) Leave your pants right there! At your ankles.
The bailiff takes Connelly by the arm, and he penguin-walks out of the courtroom.
Clerk: (rising) Case number 32624. Commonwealth versus Waterman. Criminal violation, illegal disposal of toxic waste.
Judge Kittleson rises and leaves. Jimmy follows her.
Judge Kittleson’s chambers. She flies in, and pours herself a glass of water. Jimmy knocks and enters.
Jimmy: (diplomatically) That was different.
Judge Kittleson: Imagine his luck! Getting me for a judge. Of all days
Jimmy: Are you okay?
Judge Kittleson: I am so - (she pauses) You know, I am no prude. I would have no problems taking the bench naked, so long as it were my choice. But to be (she breaks off, stuttering)
Jimmy: Well, hopefully the laws on internet stuff will start to change. Maybe the test case will come before you.
Judge Kittleson: (sighing) It did bother you, reading all that stuff, didn’t it, Jimmy?
Jimmy: Yeah, but, you know, it’s my mother’s influence. In the back of my mind I guess I was still hoping you were a virgin.
Judge Kittleson: (disbelievingly) Yes, we all know you thought that. (she raises her eyebrows at him, and Jimmy smiles, embarrassed.) Thank you.
Jimmy: For what?
Judge Kittleson: (coming to him) For being there. It helped.
Jimmy: Well. Whatever I could do.
They kiss.
A courtroom.
Judge Watson: Will the defendant please rise? (Armbrust and Arnold rise) Mr Foreman, has the jury reached it verdict?
Foreman: We have, your honour.
Judge Watson: What say you?
Foreman: Commonwealth versus Gordon Armbrust, on the count of murder in the second degree, we find the defendant, Gordon Armbrust, not guilty.
The gallery begin muttering. Armbrust is very very happy, and clenches his fists in satisfaction. Helen looks at the ceiling.
Judge Watson: The defendant is free to go. The jury is dismissed with the thanks of the court. We are adjourned. (bangs gavel)
Helen stands and glances at the defence table. Armbrust looks at her almost challengingly as he hugs his son, roughly.
Ellenor: Congratulations.
Helen nods at Detective Mike, who nods out the door. Mike, followed by two uniformed officers, make their way to Gary
Mike: Gary Armbrust. You’re under the arrest for the murder of Charlotte Armbrust.
Gordon: What?!!?
Mike: You have the right to remain silent
Ellenor: We know his rights - (turning to Helen) What’s going on here?
Helen: (to Mike) Take him away.
Ellenor: Helen?
Helen: By his own testimony as well as his father’s, the gun went off when he attacked his father. Felony assault. Accidental shooting or not, felony murder rule applies.
Gary: (desperately to Ellenor as he struggles with policeman attempting to cuff him) What is she talking about?
Helen: You’re looking at an automatic life sentence, Gary, that’s what I’m talking about.
Ellenor: Helen, come on.
Helen: I told you, Ellenor! I told you he should be more afraid of me than his father!!
Ellenor: This is an overreaction
Helen: Life sentence, Gary. Go celebrate, dad. (she leaves)
Gary: (desperately) Is this true? Could I get life? (Ellenor doesn’t answer) Tell me!!!!
Ellenor stands there stunned for a moment as the police take Gary out of the room, and then she realises.
Ellenor: Don’t say anything to anybody. I’ll be right back to talk to you.
Gary: Tell me what’s going on!!!
The police strong-arm him out of the courtroom.
The office, late at night. Lucy is moving from room to room, turning out lights. She turns off the last one and hesitates at the door. She locks it, and walks slowly back toward her desk and sits down in the dark.
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