We will show not only that there is room for reasonable doubt—and you will hear more about that idea at the end of this trial—but that the doubt that Steve Harmon has committed any crime, any crime at all, is overwhelming.
As Mr. Harmon’s attorney all I ask of you, the jury, is that you look at Steve Harmon now and remember that at this moment the American system of justice demands that you consider him innocent. He is innocent until proven guilty. If you consider him innocent now, and by law you must, if you have not prejudged him, then I don’t believe we will have a problem convincing you that nothing the State will produce will challenge that innocence. Thank you.
CUT TO: BRIGGS.
BRIGGS
Good morning, ladies and gentlemen. My name is Asa Briggs, and I will be defending Mr. King. Miss Petrocelli, representing the State, has presented this case in very broad and grandiose terms. But you will soon see that her key witnesses are among the most self-serving, heartless people imaginable. Some of them will begin their testimony by swearing that they are criminals. You will have the unpleasant task of listening to people who have committed crimes, who have lied and stolen, and in at least one instance has been an admitted, and let me emphasize this, an admitted accomplice to murder. But in the end you will have the opportunity to judge the State’s key witnesses and to deliver a just verdict. What I am asking you to do is just that. Judge what they bring up on the witness stand, and then deliver your just verdict. Thank you.
CUT TO: WITNESS STAND. JOSÉ DELGADO is on the stand. He is young, very well built, and articulate.
JOSÉ
I’m on until 9—the store closes at 9. So in the afternoon I either go home and grab a bite or go out for Chinese. That night I went out for Chinese. Usually I get something and eat it in the back. When I went out, everything was okay.
PETROCELLI
What time did you leave the drugstore?
JOSÉ
Four thirty, maybe 4:35 at the latest.
PETROCELLI
And what did you discover on your return?
JOSÉ
At first I didn’t see anything—which I knew was weird because Mr. Nesbitt wouldn’t leave the place empty. I went around behind the counter and I saw Mr. Nesbitt on the floor—there was blood everywhere—and the cash register was open. A lot of cigarettes were missing, too. Maybe 5 cartons.
PETROCELLI
And did you call the police?
JOSÉ
Yeah, but I knew Mr. Nesbitt was dead.
PETROCELLI
Mr. Delgado, are you familiar with the so-called martial arts?
JOSÉ
That’s my hobby. I have a black belt in karate.
PETROCELLI
Is that fact pretty well known in the neighborhood in which the drugstore operated?
JOSÉ
Yeah, because whenever I was in a match and it made the papers, Mr. Nesbitt used to put the paper in the window.
PETROCELLI
Did police ever visit the drugstore?
JOSÉ
Sometimes they would come in and sneak a smoke.
PETROCELLI
Nothing further.
BRIGGS
You state that 5 cartons of cigarettes were missing?
JOSÉ
That’s right.
BRIGGS
Five, not 6?
JOSÉ
Afterward I checked the inventory. It was 5.
BRIGGS
What medical school did you attend?
JOSÉ
None.
BRIGGS
But you said you knew that Mr. Nesbitt was dead. You were sure of it. That right?
JOSÉ
Pretty sure.
BRIGGS
Sure enough to stop and do inventory before trying to help your boss?
JOSÉ
I didn’t take inventory right away, I just noticed. You work in a store, you notice if something is missing.
BRIGGS
How long did it take?
JOSÉ (pissed)
I don’t remember.
BRIGGS
Nothing further.
O’BRIEN
No questions.
PETROCELLI (as JOSÉ steps down)
The state calls Salvatore Zinzi.
CUT TO: SAL ZINZI on the stand. He is nervous, slightly overweight. He wears thick glasses, which he touches over and over again as he testifies.
PETROCELLI
Mr. Zinzi, where were you when you first became involved with this case?
ZINZI
Riker’s Island.
PETROCELLI
Why were you there?
ZINZI
Stolen property. A guy sold me some baseball cards. They were stolen.
PETROCELLI
You knew they were stolen?
ZINZI
Yeah. I guess.
PETROCELLI
While you were at Riker’s Island, did you engage in a certain conversation with a Wendell Bolden?
ZINZI
Yes, ma’am.
PETROCELLI
You want to tell me about the conversation?
ZINZI
He said he knew about a drugstore holdup where a guy was killed, and he was thinking of turning the guy in to get a break.
PETROCELLI
And what did you do as a result of this conversation?
ZINZI
I called Detective Gluck and told him what I knew.
PETROCELLI
Because you wanted a break too. Is that right?
ZINZI
Yeah.
PETROCELLI
So Bolden told you he knew about the crime. Was there anything else?
ZINZI
That was it.
PETROCELLI
Did he tell you about some cigarettes?
ZINZI
Yeah, he—
BRIGGS
Objection! She’s leading.
PETROCELLI
Withdrawn. What else did he tell you?
ZINZI
That he got some cigarettes from this guy. Two cartons.
PETROCELLI
Did he tell you the name of the person he got the cigarettes from?
ZINZI
No, just that he was sure the guy was involved in the holdup.
PETROCELLI
Nothing further.
CUT TO: BRIGGS at the podium.
BRIGGS
You wanted a break, Mr. Zinzi. Why did you need a break? You only had a few months to do; isn’t that right?
ZINZI
Some guys were…sexually harassing me, sir.
BRIGGS
Sexually harassing? Were they calling you a sissy? What does “sexually harass” mean to you?
ZINZI
They wanted to have sex with me.
BRIGGS
So to save yourself from being gang raped—Is that what they wanted to do to you?
ZINZI
Yeah.
BRIGGS
And you were afraid?
ZINZI
Yeah.
BRIGGS
You were afraid, and you would have said just about anything to get out of that situation. Isn’t that right?
ZINZI
I guess so.
BRIGGS
Would you lie?
ZINZI
No.
BRIGGS
Let me get this straight, Mr. Zinzi. You’d buy stolen goods for profit, rat on somebody to save your own hide, but you’re too good to lie. Is that right?
ZINZI
I’m not lying now.
BRIGGS
As a matter of fact, this Bolden was going to see what he could get out of this, but you stole his chance, too. Didn’t you?
ZINZI
I guess.
BRIGGS
No further questions.
O’BRIEN
Mr. Zinzi, how long were you in jail?
ZINZI
Forty-three days.
O’BRIEN
Do people in jail look for stories to report to the police?
PETROCELLI (calmly)
Objection. The question’s too vague.
O’BRIEN
Well, let me put it this way, Mr. Zinzi. This Mr. Bolden was going to use this story for his own benefit, is that right?
ZINZI
Right.
O’BRIEN
And you decided to use it for your benefit?
ZINZI
Right. Lots of guys in jail do that.
O’BRIEN
You use stories and you use people, right?
ZINZI
Sometimes.
O’BRIEN
And the outcome of your talking with the detective in question is that you were able to reach the District Attorney’s office and strike a deal. Isn’t that right? You were able to strike a deal that got you out of jail early? Isn’t that right?
ZINZI
That’s right.
O’BRIEN
You happy with the deal?
ZINZI
Yeah.
O’BRIEN
Nothing further.
PETROCELLI
Mr. Zinzi, do you know when you’re lying and when you’re telling the truth?
ZINZI
Yes—sure.
PETROCELLI
You telling the truth now?
ZINZI
Yeah.
PETROCELLI
Nothing further.
FLASHBACK of 12-year-old STEVE walking in a NEIGHBORHOOD PARK with his friend TONY.
TONY
They should let me pitch. I can throw straight as anything. (Scoops up a rock.) See the lamppost? (Throws rock. We see that it bounces in front of the post and careens slightly to one side.)
STEVE
You can’t throw. (Picks up rock and throws it. We see it sail past the post and hit a YOUNG WOMAN. The TOUGH GUY she is walking with turns and sees the 2 young boys.)
TOUGH GUY
Hey, man. Who threw that rock? (He approaches.)
STEVE
Tony! Run!
TONY (taking a tentative step)
What? (TOUGH GUY punches TONY. TONY falls—TOUGH GUY stands over TONY as STEVE backs off. YOUNG WOMAN pulls TOUGH GUY away, and they leave.)
TONY and STEVE are left in the park with TONY sitting on the ground.
TONY
I didn’t throw that rock. You threw it.
STEVE
I didn’t say you threw it. I just said “Run.” You should’ve run.
TONY
I’ll get me an Uzi and blow his brains out.
Tuesday, July 7th
Notes:
I can hardly think about the movie, I hate this place so much. But if I didn’t think of the movie I would go crazy. All they talk about in here is hurting people. If you look at somebody, they say, “What you looking at me for? I’ll mess you up!” If you make a noise they don’t like, they say they’ll mess you up. One guy has a knife. It’s not really a knife, but a blade glued onto a toothbrush handle.
I hate this place. I hate this place. I can’t write it enough times to make it look the way I feel. I hate, hate, hate this place!!
CUT TO: INTERIOR: COURTROOM. WENDELL BOLDEN is on the stand. He is average height but heavily built with large, ashy hands. He acts like he’s mad and wants everybody to know it.
PETROCELLI
Mr. Bolden, have you ever been arrested?
BOLDEN
Yeah. For B&E, and possession with intent.
PETROCELLI
Possession is obviously drugs and the intent to distribute. Can you tell the jury what B&E means?
BOLDEN
B&E. Breaking and entering.
PETROCELLI
And what were you in for when you spoke to Mr. Zinzi?
BOLDEN
Assault.
PETROCELLI
But the charges were dropped?
BOLDEN
Yeah, they were dropped.
PETROCELLI
Can you tell us about the conversation between you and Mr. Zinzi?
BOLDEN
I got some cigarettes from a guy who told me he was in on a drugstore robbery up on Malcolm X Boulevard. I knew a dude got killed, and I was thinking of trading what I knew for some slack.
PETROCELLI
As a matter of fact, didn’t Mr. Zinzi also try to use that information himself?
BOLDEN
He called a detective he knew.
PETROCELLI
Can you name the person involved in the robbery?
BRIGGS
Objection! He can testify to the conversation—not the robbery, unless he was there.
PETROCELLI
Withdrawn…. So who gave you the information that he was involved in a robbery?
BOLDEN
Bobo Evans.
Camera pans to KING, who gives BOLDEN a dirty look.
CUT TO: EXTERIOR STOOP ON 141ST STREET. There is a small tricycle on the sidewalk. It is missing one wheel. The garbage cans at the curb are overflowing. Three young girls jump rope near the trash.
JAMES KING and STEVE are sitting on the steps.
A heavy woman, PEACHES, sits slightly above them, and a thin man, JOHNNY, stands. He is smoking a blunt.
KING (almost a drawl)
I need to get paid, man. I ain’t got nothing between my butt and the ground but a rag.
STEVE
I hear that.
PEACHES
You can’t even hardly make it these days. They talking about cutting welfare, cutting Social Security, and anything else that makes life a little easy. They might as well bring back slavery times if you ask me.
KING
If I had a crew, I could get paid. All you need is a crew with some heart and a nose for the cash.
PEACHES
Banks is where the money is.
JOHNNY
Naw. Bank money is too serious. The man comes down hard for bank money. You need to find a getover where nobody don’t care—you know what I mean. You cop from somebody with a green card or an illegal and they don’t even report it.
PEACHES
Restaurant owners got money, too. That’s the only things left in our neighborhood—restaurants, liquor stores, and drugstores.
KING
What you got, youngblood?
STEVE
(Looks up at KING.) I don’t know.
JOHNNY
Yo—what’s your name? Steve. Since when you been down?
CUT TO: INTERIOR: COURTROOM. BOLDEN is still on the stand.
BOLDEN
So he turned me on to 2 cartons for 5 dollars each. I asked him how he copped and he said he was in a robbery in a drugstore. I didn’t say no more because all I wanted was the smokes.
PETROCELLI
Did he tell you when the store was robbed?
BOLDEN
He said it just went down.
PETROCELLI
And when did this conversation take place?
BOLDEN
The day before Christmas. I remember that because I gave a carton of cigarettes to my moms as a present.
PETROCELLI
No further questions.
BRIGGS
How well do you know Mr. Evans?
BOLDEN
I know him when I see him.
BRIGGS
Did you know him before Christmas?
BOLDEN
Not really.
BRIGGS
Let’s see, now. You don’t know this man, and yet when you ask him where he got the cigarettes, he’s going to tell you that he got them from a holdup in which he was involved and in which a man was killed?
BOLDEN
If he wants to run his mouth, that’s his business.
BRIGGS
And didn’t you think it strange that a man would give out information that could be harmful to him if he had actually been involved in this case?
CUT TO: CU of JUROR looking bored.
CUT TO: CU of BOLDEN.
BOLDEN
Hey, I don’t even care.
BRIGGS
Your assault charge was dropped—is that correct?
BOLDEN
Yeah.
BRIGGS
The maximum sentence for the assault was how long? Do you know?
BOLDEN
I wasn’t convicted.
BRIGGS
Do you know the maximum sentence?
PETROCELLI
Objection.
JUDGE
Overruled; it’s pertinent.
BRIGGS
So you saved yourself some heavy jail time by pointing a finger at Mr. King, isn’t that right?
BOLDEN
I just wanted to do the right thing. You know, like a good citizen.
BRIGGS (showing anger)
You were in jail trying to be a good citizen? Or were you really just trying to get out of jail and not caring who you put in? Isn’t that what you’re really doing? Well, isn’t it?
PETROCELLI
Objection! Defense counsel is stepping over his bounds.
JUDGE
This is a good time for a break. I have some administrative tasks to get done this afternoon. Let’s adjourn until tomorrow. I want to remind the jury not to discuss the case with anyone. We’ll reconvene 9 A.M. tomorrow.
CUT TO: INTERIOR: DETENTION CENTER. It is night; the lights are out except for dim night-lights placed along the walls. We hear the sounds of fists methodically punching someone as the camera goes slowly down the corridor, almost seeming to look for the source of the hitting. We see two inmates silhouetted, beating a third. Another inmate is on lookout.
CUT TO: CU of STEVE lying on his cot. The sounds are in his cell, but he is not the one being beaten. We see the whites of his eyes, then we see him close his eyes as the sounds of the beating stop and the sounds become those of a sexual attack against the inmate who was beaten.
FADE OUT.
FADE IN: INTERIOR: STEVE’s HOME. It is neatly furnished, clean. STEVE is watching TV with 11-year-old JERRY, his brother.
JERRY
You ever want to be a superhero? You know, save people and stuff?
STEVE
Sure. You know who I’d want to be? Superman. I’d be wearing glasses and stuff and people would be messing with me and then I’d kick butt.
JERRY
I bet you’d be a cool superhero. You know who you should be?
STEVE
Who?
JERRY
Batman. Then I could be Robin. (STEVE gives Jerry a brotherly shove.)
FADE OUT.
Wednesday, July 8
They take away your shoelaces and your belt so you can’t kill yourself no matter how bad it is. I guess making you live is part of the punishment.
It’s funny, but when I’m sitting in the courtroom, I don’t feel like I’m involved in the case. It’s like the lawyers and the judge and everybody are doing a job that involves me, but I don’t have a role. It’s only when I go back to the cells that I know I’m involved.
Miss O’Brien says that Petrocelli is using Bolden’s testimony as part of a trail that will lead to me and James King. I think she is wrong. I think they are bringing out all of these people and letting them look terrible on the stand and sound terrible and then reminding the jury that they don’t look any different from me and King.
I like the last scene in the movie, the one between me and Jerry. It makes me seem like a real person.
The man they called Sunset asked me if he could read the screenplay, and I let him. He liked it. Sunset said he liked the name of the screenplay. He said when he gets out, he will have the word Monster tattooed on his forehead. I feel like I already have it tattooed on mine.
A preacher came to the recreation room with a guard this afternoon. He asked if anyone wanted to talk with him or share a moment of prayer. Two guys said they did, and I was just about ready to say I would when Lynch, a guy who is going on trial for killing his wife, started cursing at the preacher and saying that everybody wanted to talk to him and act like they were good when they were just criminals. “It’s too late to put up your holy front now,” he said.
In a way he was right, at least about me. I want to look like a good person. I want to feel like I’m a good person because I believe I am. But being in here with these guys makes it hard to think about yourself as being different. We look about the same, and even though I’m younger than they are, it’s hard not to notice that we are all pretty young. I see what Miss O’Brien meant when she said part of her job was to make me look human in the eyes of the jury.
When Lynch started cursing at the preacher, the guards took the preacher out, and then they came back and turned the television off and made us go back to our cells.
Notes:
I couldn’t sleep most of the night after the dream. The dream took place in the courtroom. I was trying to ask questions and nobody could hear me. I was shouting and shouting but everyone went about their business as if I wasn’t there. I hope I didn’t shout out in my sleep. That would look weak to everybody. It’s not good to be weak in here.
Every morning we get up and put on our court clothes. The talk is lawyer talk, with all the older guys talking about appeals and “mistakes” that the judge made.
I feel terrible. My stomach is gassy and bloated. I still can’t go to the bathroom in front of everyone.
When we got in the court, there was a delay because the stenographer had brought the wrong power cord. The court officer was talking about termites.
FADE IN: COURTROOM. STEVE and KING are cuffed to a bench. COURT OFFICERS, PETROCELLI, STENOGRAPHER, JUDGE, BRIGGS, and O’BRIEN are present.
OFFICER 1
So this guy comes to the house and tells Vivian we got termites. I get home and she’s all upset. I said no way we got termites. No way.
JUDGE
You ever see any termites?
OFFICER 1
What the heck’s a termite look like?
O’BRIEN
Like an ant with wings.
OFFICER 1
Then I’ve never seen one.
OFFICER 2
I heard they hide in the wood.
JUDGE
What I don’t understand is why they have wings if they stay in the wood.
PETROCELLI
Are you going to let us do the affidavit on the crime scene?
JUDGE
Any objections?
BRIGGS
Who’s going to read it in court?
JUDGE
The clerk.
BRIGGS
No objections.
O’BRIEN
What’s with the detective?
PETROCELLI
He’s having problems with a hemorrhoid operation.
BRIGGS
Wait—I didn’t know that—maybe we can keep him on the stand for an hour or 2.
CUT TO: CU of PETROCELLI.
PETROCELLI
Detective Karyl, can you describe the scene when you entered the drugstore?
CU: KARYL.
KARYL
It was pretty gruesome.
CUT TO: INTERIOR: Camera pans down aisles of neighborhood DRUGSTORE.
CUT TO: MS of JOSÉ DELGADO. He moves in slow motion. He is pale, glancing nervously at a point out of sight of camera. He is explaining something to DETECTIVE KARYL, who stands leaning against counter. The DETECTIVE is heavy, stooped.
CUT TO: A shot of open cash register.
CUT TO: COURTROOM.
PETROCELLI
Are these the pictures you took at that time?
KARYL
The crime-scene photographer took them.
O’BRIEN
May I see them?
MS: PETROCELLI hands pictures to O’BRIEN, who places them before her on desk.
CUT TO: CU of photos. We see legs of the slain drugstore owner, NESBITT.
CUT TO: BLACK-AND-WHITE SHOTS from various angles of body in grotesque position. Pictures flash in an increasingly contrasty and grainy format until they are hardly recognizable.
PETROCELLI
Detective Karyl, when you discovered the body, were there any signs of life in the victim?
KARYL
No. But I called the Emergency Medical Service, which is standard procedure.
PETROCELLI
And you noted the open cash register?
KARYL
That’s correct. And at that time I asked the clerk was there anything else missing. Often in these cases you might find some cough medicine missing, or some attempt to open a restricted-drugs case. There’s a market for drugs of any kind.
PETROCELLI
Did you look for other clues, and did you find any?
KARYL
We looked for other clues, but we didn’t actually find anything.
PETROCELLI
Eventually you began questioning suspects in this case. How did you come across the suspects?
KARYL
We questioned a number of people we felt might have some knowledge of the crime. Then we received a tip from a person who claimed he knew what happened to the cigarettes.
PETROCELLI
That would be Mr. Zinzi?
KARYL
That’s correct. He told us about Mr. Bolden. Then Mr. Bolden told us about Mr. Evans and Mr. King.
PETROCELLI
And both Zinzi and Bolden had their own motives in doing this?
KARYL
We often use information from informants, especially in murder cases.
PETROCELLI
And did you talk to Mr. King?
KARYL
To Mr. King and to some of his associates.
FADE OUT.
FADE IN: INTERIOR: 28TH PRECINCT. STEVE is sitting on a long, dark bench. He is dressed in cutoffs, sneakers, and a T-shirt. There is a basketball on the floor near him. DETECTIVE KARYL is sitting across from STEVE. He is eating a cheeseburger. Sometimes he talks with his mouth full. A Black detective, ARTHUR WILLIAMS, sits on the edge of the table. He is dressed much as STEVE is and looks only a few years older.
KARYL
They’re saying that you pulled the trigger. King said the score was over but you turned back and shot Nesbitt. Why did you do that? I can’t figure it.
STEVE
I don’t know what you’re talking about, man. I didn’t do any stickup.
KARYL
You figured you didn’t want to leave any witnesses, I guess.
WILLIAMS
What are we playing with this guy for? We don’t need him. We got the case locked.
KARYL
The DA is thinking death penalty.
WILLIAMS
Death penalty? Chances are the judge will push for life without parole. And if they come clean, he might even go for 25 to life. You save a lot of time and money that way.
KARYL
I don’t know. The victim was well respected in the neighborhood. Hardworking Black guy, worked his way up. He even sponsored a Little League team. The judge could go for the death penalty if they plead not guilty.
WILLIAMS
This guy’s only 16. They won’t kill him.
KARYL
What are you, a pessimist? Hope for the best.
CUT TO: Weird shot of INTERIOR: DEATH ROW. STEVE is seen walking down the hallway between two guards. He is brought into the death chamber. The guards are pale, almost greenish. They lay STEVE on the table for the lethal injection and strap him down.
CU of STEVE’s face. He is terrified.
VO (as camera focuses on STEVE’s face)
Open your legs; we have to plug up your butt so you don’t mess yourself as you die.
STEVE’s face grimaces with pain as they put in the plug.