O’BRIEN (whispering)
You have to believe in yourself if we’re going to convince a jury that you’re innocent.
CUT TO: MS of PETROCELLI.
PETROCELLI
A medical examiner will testify to the cause of death, showing that the gunshot wound was fatal. Even though it was Mr. Nesbitt’s gun, it was not Mr. Nesbitt who caused his own death. This was no suicide. This death was a direct result of the robbery. Very simply put, this is a case of murder. It is, moreover, a murder committed during a felonious act. The 2 defendants you see before you will be shown to be participants in that act and are being charged with felony murder. Later, the judge will give you instructions on how to consider the evidence presented. But there is no doubt in my mind, and I believe by the end of the trial there will be little doubt in yours, that these 2 men, James King and Steven Harmon, were all part of the robbery that caused the death of Alguinaldo Nesbitt. Thank you.
CUT TO: LS of COURTROOM. O’BRIEN is at attorneys’ podium.
CUT TO: STEVE’s MOTHER, on wooden bench in the gallery area, listening intently. Her face looks worried.
O’BRIEN
The State correctly says that the laws of a society provide protection for its citizens. When a crime is committed, it is the State that must apply the law in a manner that offers redress and that brings the guilty parties to justice. But the laws also protect the accused, and that is the wonder and beauty of the American system of justice. We don’t drag people out of their beds in the middle of the night and lynch them. We don’t torture people. We don’t beat them. We apply the law equally to both sides. The law that protects society protects all of society. In this case we will show that the evidence that the State will produce is seriously flawed. 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?
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 th
at 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.