VIOLATION ACT ONE FADE IN: EXT. LOS ANGELES COURT HOUSE INT. HALLWAY A Hispanic man in a suit and handcuffs is being led down a hallway by bailiffs. INT. COURTROOM The Hispanic man and his court appointed attorney are standing at the defense's table. The prosecutor, Lyta Henshaw, is standing at the prosecutor's table. The judge comes in and sits down. The others sit down also. JUDGE morning CLERK morning JUDGE Are there any preliminary matters we have to attend to?....all right, may we have the jury? The bailiff brings in the jury and they sit down. JUDGE morning, ladies and gentlemen JURORS morning, your honor JUDGE You may proceed. LYTA Michael McCormick A charismatic good looking middle aged man takes the stand. CLERK You do solemnly swear that the testimony you may give in the cause now pending before this court shall be truth, the whole truth, and nothing but the truth, so help you God? MICHAEL I do. He sits down. CLERK And will you please state and spell your name for the record? MICHAEL Michael McCormick, M-C-O-R-M-I-C-K LYTA Good morning, sir MICHAEL Good morning LYTA What is your current business or occupation? MICHAEL I'm a stock broker for Prudential Securities. LYTA Where is your current primary residence? MICHAEL Beverly Hills LYTA Are you married? MICHAEL yes LYTA Are you married to the victim, Margaret McCormick? MICHAEL That's correct. LYTA How long have you been married? MICHAEL eleven years LYTA Do you have children? MICHAEL no LYTA Do you know the defendant in this case? MICHAEL yes LYTA How do you know the defendant, Jose Hernandez? MICHAEL He was a gardener that would come and work on our yard once a week. LYTA Please tell us in your own words, the events of May 29, 1998? MICHAEL I came home from work, and I heard my wife screaming. I ran to the bedroom, and I found him raping her. I couldn't believe it.] LYTA the defendant? MICHAEL Right, when I came in, Jose was on top of her. I couldn't believe it. I rushed over but he ran out of there. If he hadn't, I would have killed him. Margaret just collapsed in my arms, crying. LYTA Then what did you do? MICHAEL I was going to chase after him, but I was just comforting Margaret. I didn't know what to say. Then I took her to the hospital. LYTA Describe your wife's physical appearance. MICHAEL Jose had torn her clothes off. She had red marks, bruises, scratches. She was very distraught, crying. I want that bastard to pay. FADE OUT. FADE IN: INT. PROSECUTOR'S OFFICES Lyta is at her desk when another prosecutor, Lenny, a short fat man, walks up with a gun. Various extras are sitting at desks, and walking around in the background. LYTA Is that an exhibit in the Richardson case? LENNY He claimed he couldn't fire the gun with his left hand because he's right handed, but of course any right handed person could shoot with their left hand. Lenny then demonstrates this, pointing the gun at Lyta, who is startled. When he fires the gun, a flag pops out with the word "bang" on it. Lenny laughs as Lyta rolls her eyes. LYTA Lenny, when are you going to get a cellular phone? LENNY I don't want them to be able to contact me from the office. LYTA I'm worried about the Hernandez case. LENNY You have the husband's eyewitness account. LYTA We really need Margaret's testimony. We have no physical evidence whatsoever. She took a shower right afterwards, destroying evidence, although that's common for rape victims. They found his hair, fiber, fingerprints outside but since he worked on the property, that's not unusual. Lenny sits on her desk. LENNY Yeah well, O.J. proved that what's important is not the quality of the evidence but who it is, how much money they got. Hernandez is just a poor Mexican laborer, no money, public defender, speaks broken English. The victim reminds you of your mother. It's such a horrible crime, the jury wants to convict someone. It might as well be him. LYTA The amount of evidence against him is one zillionth of what we had against O.J. and he was acquitted. LENNY Yeah but Hernandez isn't a football star. If O.J. had a public defender, he'd be in jail. Besides, the jury's mostly white so you could play on the racial fears of the jury. LYTA If I played the race, the trial would explode like a whale. LENNY Oh yeah, because one time in Oregon, they blew up a beached whale with dynamite. LYTA No, I don't want to do that. Every case I've won, I've won on the evidence. I just wish we had more of it. I wish we had a semen stain on a dress. LENNY Yeah, so do a lot of people. Well, just get the victim to testify. LYTA She refuses. LENNY You can force her. Only the defendant can refuse. LYTA I don't want to do that to her. I've seen to many victims raped a second time on the stand. LENNY It's your call. Sometimes you have to take off the kid gloves. I think Mr. McCormick is still in the building. LYTA I wish you could magically eradicate all crime. LENNY If you abolished all laws, there wouldn't be any crime. LYTA Of course then we'd be out of a job. They both get up, and start walking in opposite directions. Lenny calls out to her. LENNY You finish reading that book I gave you? LYTA You mean that one thousand page analysis of the character of the Fool from King Lear? LENNY No, the book of squash related haiku. LYTA Oh that, no LENNY I have them memorized. God it's profound. INT. COURTHOUSE LOBBY Michael is sitting on a chair. MICHAEL Lyta, I was just about to leave. I thought it went well today. LYTA Yeah, except you're in for cross examination tomorrow. MICHAEL I should be able to handle that clown. LYTA Also, we really have to think about Margaret testifying. MICHAEL (becoming angry) We've been through this a million times. I'm not going to do that to her. LYTA I know, the last thing I would want to do is put her up on the stand. MICHAEL So why suggest it? LYTA I'll be honest with you. She may be our only chance to win this case. MICHAEL You want to sway the jury with her performance? LYTA I want her to tell the truth. Do you want the person who did this to be punished? MICHAEL Of course I do. LYTA I'm sorry about this. It's going to get worse before it gets better, but it has to get worse in order to get better. MICHAEL She's been through enough. I just don't think she's going to agree. LYTA Let me talk to her. MICHAEL All right, you can come over, say five o'clock? I can't thank you enough for everything you've done. Michael and Lyta spontaneously hug, and then Michael leaves. FADE OUT. FADE IN: EXT. MICHAEL'S HOUSE a mansion in Beverly Hills. Lyta walks up to the door, and rings the doorbell. Michael opens it. MICHAEL Ah, Lyta. She comes in. INT. MICHAEL'S HOUSE MICHAEL Can I get you something? (sarcastically) Not as good as your snackbar....I had a hell of a time finding it by the way. LYTA We have a map on display. MICHAEL It was on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying "Beware of the Leopard". Ever thought of going into advertising? LYTA I'm fine. Margaret enters, looking disheveled and irritable. LYTA Hello Margaret MARGARET What do you want? LYTA I wanted to talk to you about the case. MARGARET I just want for it to be over. LYTA So do I, but I also want justice. You want the person who did this to you to be punished don't you? MARGARET yes LYTA In order to do that, it may be necessary for you to testify. MARGARET (upset) No! Margaret starts pulling her hair, and periodically continues doing so throughout the scene as sort of a nervous twitch. She talks tearfully for the rest of the scene. She sits on the couch, and Lyta and Michael sit on either side of her. LYTA I know how difficult this is for you. However, if Jose doesn't remain in jail, he won't learn his lesson. He'll think he got away with it. That will encourage him to do it again. You probably weren't the first woman he did this to, and you won't be the last if we don't stop him now. Do this not just for yourself but for future women. MARGARET I don't want to have to relive what happened that day. LYTA We have a rape shield law so you won't have to discuss your past sexual history. MARGARET But I'll still have to talk about what happened to me. LYTA It's possible the defense could call you. MICHAEL You said they would not because she'd be to sympathetic. LYTA We have to be prepared for the possibility. MARGARET I never want to think about it again. LYTA If he's acquitted, you'll live in fear that he could come back. If he's convicted, you'll never have to think about it again. MARGARET You said I wouldn't have to testify. LYTA I was the one who got you counseling. You remember me telling you that you did nothing to ask for this? You trust me don't you? MARGARET yes LYTA I think we've become friends. As your friend, I want to ask you to do this one thing for me. Anyone who would do this is the lowest form of life. I hate the thought of such a creep getting away with it, laughing at his victims. MARGARET I'll think about it. Michael hugs his wife. He then touches Lyta's face. Lyta curtly nods and leaves. FADE OUT. FADE IN: EXT. MICHAEL'S HOUSE night time INT. MICHAEL'S DINING ROOM Michael's arranging a romantic dinner, lighting candles. Margaret enters. MARGARET What's this? MICHAEL I didn't think you should have to cook tonight. MARGARET You did this? He brings out the food. MICHAEL chicken baked in a tangy apricot garlic sauce, complimented with side dishes of savory wild rice, and a salad with tarragon-pecan vinaigrette, Bulgar nut bread MARGARET If you made all this, then I am a pimple on the bottom of the Marquess of Queenberry's aunt. MICHAEL Don't you trust me? MARGARET I don't trust you old lad, any farther than I could comfortably remove your appendix. They both sit down. MICHAEL This reminds me of our honeymoon in Honolulu. MARGARET How so? MICHAEL Well you know, candle light dinner, etc. They begin eating. MARGARET I wish it could be the way it used to be. MICHAEL I love you as I always have. MARGARET Despite what happened? He touches her hand. MICHAEL Of course, you know how much I love you, more than life itself, sweetheart, there's no question in your mind. You know how much I care about you. I'll do anything for you. You would never question that. There's nothing I wouldn't do for you. Maybe we could go back to Hawaii when this mess is over. MARGARET If it's ever over. MICHAEL Before I didn't want you to testify because I didn't want you to be cross examined, but I've changed my mind. If you don't testify, Jose will be let out. We have to establish the facts in this case. You don't want someone to question whether Jose did this? MARGARET No, but I just don't want to think about it. MICHAEL Just say what you told the police. That's all you have to do. You don't have to think about it. You don't even have to think about not thinking about it. It's that easy. Then it'll be over. MARGARET Lyta will take care of me. MICHAEL Of course, you trust Lyta don't you? MARGARET All right, I'll do it. He withdraws his hand. MICHAEL All right, excellent. They continue eating. FADE OUT. ACT TWO FADE IN: EXT. LOS ANGELES COURT HOUSE INT. PROSECUTOR'S OFFICES Lyta is at her desk. There are fewer extras in the background then before, but still a few puttering around. Lyta is doing paper work and continues to do so throughout the scene. Lenny walks by, and she calls to him. LYTA (overjoyed) Lenny! Michael called. He walks up to her. LYTA He said he got Margaret to agree to testify! LENNY Oh that's good! That's good news! LYTA Yeah, I tell you! This is a god send! LENNY I still say you could have won without her. LYTA No, but if she could tell exactly what happened, how he attacked her. LENNY Oh definitely. Go over her testimony with her a hundred times before hand. You have to do a good performance without making it look like a performance. LYTA I just want her to tell the truth. LENNY Well yeah, but you want something that can yank at the juror's heart strings but you don't want it to look rehearsed. LYTA No, I just don't want the victim to be forgotten. In to many cases, the defense manages to shift the focus away from the victim, and the actual victim is forgotten. I want the jurors to remember what the trial is actually about. LENNY That's exactly what I said. You're just phrasing it in a more polite way. If it makes you feel better to do that then so be it. LYTA This is the best news we've had although it certainly is no substitute for hard physical evidence. Lyta's phone rings. She picks it up. LYTA hello? This is a telephone conversation between Lyta and Michael. When Lyta's speaking, we see her at her desk. When Michael's speaking, we cut to him on a car phone in his BMW caught in a traffic jam on an L.A. freeway. MICHAEL Sorry, it's me again. LYTA Oh, hi. MICHAEL I wanted to talk to you about Maggie's testimony. LYTA Yeah sure, you can come here, or if you like, I could come to your home or office. MICHAEL I was thinking of a more relaxed atmosphere, say a restaurant? LYTA uh...yeah, sure MICHAEL Say the Pinot Hollywood at about eight? LYTA All right, I'll meet you there. MICHAEL I'll pick you up. All right great, see you then. LYTA bye Lyta hangs up. LENNY Who was that? LYTA That was Michael. Would you like to come to dinner around eight? LENNY Ah nah, I have to take Rex to the vet. LYTA I didn't know you had a dog. LENNY He's a two toed sloth. LYTA Oh yeah, that's right. FADE OUT. FADE IN. EXT. PINOT HOLLYWOOD INT. PINOT HOLLYWOOD Bustling fancy restaurant scene, other diners chattering, waiters, etc. Focus on Michael and Lyta sitting at a table. Background noise dies down. MICHAEL I'm really sorry Margaret couldn't be come. She was adamant that she go stay at her sister's. She wanted to tell her about how she's going to testify and all that. She didn't tell me until I got home. It came as quite a shock to me. LYTA That's all right. This is a difficult time for her, and you have to give her her space. It's good that her family can provide moral support. We'll have more than enough time to discuss her testimony. MICHAEL You're so understanding. You're not like the hard nosed prosecutor I was warned about. LYTA Warned by who? MICHAEL Never mind, I don't want to get them in trouble. LYTA I try to connect with the victims because to me, that's what the trial is about. However, it's rare that the victim's family gets as involved in a case as much as you are, especially in a case such as this, y'know, due to the sensitive nature of the crime itself. MICHAEL The sensitive nature of the crime of which you speak is all the more reason for me to make sure there is justice. Spontaneously he proposes a toast. He raises his glass. MICHAEL To justice. LYTA To justice. They click glasses. MICHAEL Margaret is a good woman. She was a virgin when we married. Before this horrible crime, I was the only man she had had sex with. Other people living in the modern world develop a very cynical skeptical view of life. Margaret was always an idealist. She assumed the best of people. She believed that it was possible to put others first, to take care of the little guy, and still survive, even get ahead, in the modern world. LYTA (nodding in agreement) I believe that. MICHAEL Y'know, I hate to see the change that's come over her. LYTA What do you mean? MICHAEL She was such a strong person, always willing to speak her mind. Since the attack, she's become timid and submissive. LYTA That's understandable. She feels very vulnerable. MICHAEL That's why she doesn't have to go through this alone. I'm going to be there for her every step of the way. LYTA She's lucky to have you. MICHAEL Yes. LYTA (looking at her watch) We didn't have a chance to discuss her testimony. MICHAEL You can come to my house. It's a more convenient place to cover the table with papers anyway. They get up to leave. FADE OUT. FADE IN. EXT. MICHAEL'S HOUSE night INT. MICHAEL'S HOUSE Michael and Lyta have just arrived. MICHAEL Margaret said she'd be spending the night at her sister's. LYTA We should discuss the cross examination. MICHAEL Can I get you a night cap? Without waiting for a response, he pours out two cognacs, and hands one to her. LYTA The defense might try to raise the issue as to whether she was raped at all, although the hospital report strongly suggests that it was forcible rather than consensual. Of more concern, is that the defense is going to raise the issue as to whether he correctly IDed her assailant, implying that it may have been someone other than Jose. They'll probably try to make her seem mentally ill. MICHAEL Well, that wouldn't be difficult. LYTA They'll probably opt for the "nuts" route in the "nuts and sluts" defense. MICHAEL I was just wondering, do you have a boyfriend, since you've never mentioned it. LYTA (surprised) What?....no,no MICHAEL Why not? LYTA I've usually been to busy for relationships. MICHAEL You mean guys demand you spend more time with them? That's very greedy. LYTA No, just when I have a case, I throw myself into it. MICHAEL That's an admirable trait. Only a troglodyte would not want his wife to pursue her career to the fullest. A woman doesn't complain if her husband throws himself totally into his work. Why should a man complain if his wife takes her career equally seriously? LYTA I wish I could find a nice guy that held that view. MICHAEL I hold that view. LYTA Well that's an admirable trait. MICHAEL I could put music on. You want to dance? LYTA No, do I look like I want to dance? MICHAEL You look like it to me. LYTA I must have my wrong body on. MICHAEL It looks good to me. They kiss. LYTA (flustered) I'm sorry. MICHAEL Don't apologize. If you were really sorry, you wouldn't have done it in the first place. LYTA I should go. MICHAEL Why? Name one reason. LYTA Margaret MICHAEL Margaret's not here, and she won't be back until tomorrow. The possibility of hurting Margaret is not an issue, since there's no way she could be hurt by it, since there's no way she could find out about it. They kiss passionately. After a while, they go to Michael's bedroom. INT. MICHAEL'S BEDROOM Michael and Lyta come in, kissing each other. MICHAEL Since the attack, Margaret has refused to have marital relations. LYTA That's common. MICHAEL That's understandable, but it's been so long, I ask you, is that fair to me? LYTA no Michael and Lyta start undressing each other. FADE OUT. FADE IN: INT. MICHAEL'S BEDROOM Michael and Lyta are undressed, asleep in bed. Lyta wakes up. There is vague noise in the background, like doors closing. LYTA Michael.... At that instant, Margaret bursts into the room. Michael wakes up. All three are absolutely astonished. Margaret screams a high pitched scream, and runs out of the room. Michael frantically gets his pants on, and runs after her. MICHAEL Margaret!....It's not what you think!.... You can hear Margaret screaming hysterically and sobbing in the background. Michael shots indiscernible things. Lyta sulks guiltily in bed. FADE OUT. FADE IN: EXT. LOS ANGELES COURTHOUSE INT. PROSECUTOR'S OFFICES Lyta is sulking at her desk, appearing very depressed. Lenny walks up to her. LENNY What are you doing here? Aren't supposed to be in court for the Hernandez case? LYTA I have David handling it. He's good with expert witnesses. LENNY You should be there. What's wrong? LYTA Margaret changed her mind. She's decided not to testify. LENNY Oh well, these things happen, y'know. You have a good chance to win the case anyway. The idea of someone sexually abusing such a helpless poor old woman, whom by all accounts is a saint, and causing her such emotional anguish, is so horrible, so reprehensible, the jury probably can't wait to throw the book at anyone accused of hurting such an innocent person just to satisfy their own selfish lust. LYTA Thanks Lenny. LENNY Perhaps someone could convince Jose to speak Spanish, and use an interpreter, so he would seem more foreign. LYTA He was born in this country. LENNY Hey? Is anything else bothering you? LYTA I just blame myself. LENNY It's not your fault. It wouldn't take much to cause such an emotionally fragile person to change her mind about something so difficult to do. Lenny pats her shoulder and walks off. FADE OUT. FADE IN. EXT. MICHAEL'S HOUSE Afternoon. Lyta walks up to the door. She seems nervous. Then she knocks on the door. Margaret opens the door, and then closes it immediately, but Lyta stops it with her arm. LYTA Margaret, please... MARGARET Go away. LYTA Just a few minutes... MARGARET For what? LYTA For me to explain. MARGARET There's nothing to explain. LYTA Yes, there is, please... Margaret lets her in. Margaret gradually becomes more emotional as the scene progresses. MARGARET You're just going to say that it was a purely physical attraction. It was a one time fling that will never happen again. LYTA yes... MARGARET All right, you can go now. LYTA I would never deliberately hurt you. I've grown so close to you over these past few months. I just wanted to protect and defend you. MARGARET (sarcastic) You've done a fine job of it. LYTA Nobody planned it. It was just spontaneous. That's no excuse. I feel so guilty. MARGARET Michael doesn't feel guilty. LYTA I'm sure he does. He's deeply in love with you. MARGARET That may be true, but he loves you also. LYTA No, he doesn't. The only thing we have in common is caring about you. You can't compare that unfortunate incident with eleven years of marriage. MARGARET He was the one that suggested I go to my sister's. It's obvious. You're younger, prettier, I shouldn't be surprised. LYTA I'm certainly surprised that it happened. MARGARET After I was raped, I felt so worthless. It took me a long time to get over that. Now I feel that way again, that Michael doesn't find me attractive. LYTA (emotional) I'm so sorry, God I'm sorry. I don't expect you to forgive me, but we're going to have to work together to win this case. MARGARET Forget the case. Ask the judge to drop the charges. LYTA You don't mean that. I know you're not thinking straight right now, but I know you want the guy that hurt you to be punished. It's the least I can do to try to make it up to you. MARGARET Is there anything else? LYTA no Lyta leaves. FADE OUT. FADE IN. INT. COURTROOM Everyone is standing. Lyta is at the prosecutor's table. Jose and the defense attorney are at the defense's table. The judge enters and sits down. Everyone except the defense lawyer sits down. JUDGE Morning. Do we have a motion? DEFENSE LAWYER We had filed a little short statement this morning on the Kelly Frye issue, asking for the hearing on Tuesday, if necessary, that's apparently the witness's only available slot to come in and testify. JUDGE All right, we'll set it for Tuesday. DEFENSE LAWYER Thank you. JUDGE Okay. Bring in the jury. The bailiff brings in the jury, and they take their seats. JUDGE Morning JURORS Good morning, your honor. JUDGE Defense may proceed. DEFENSE LAWYER Thank you, your honor. We call to the stand the defendant, Jose Manuel Hernandez. Jose takes the stand. CLERK You do solemnly swear that the testimony you may give in the cause now pending before this court shall be the truth, the whole truth, and nothing but the truth, so help you God? JOSE I do. CLERK Please be seated, and would you state your name for the record? He sits down. JOSE Jose Manuel Hernandez DEFENSE LAWYER Mr. Hernandez, are you a citizen of the United States? JOSE yes DEFENSE LAWYER Are you self employed? JOSE yes DEFENSE LAWYER How are you employed? JOSE I'm a gardener. DEFENSE LAWYER How long have you been a gardener? JOSE 12...13 years DEFENSE LAWYER Were Mr. and Mrs. McCormick among those for whom you were a gardener? JOSE yes DEFENSE LAWYER For how long were you a gardener for Mr. and Mrs. McCormick? JOSE five years DEFENSE LAWYER Describe in your own words, the events of May 29, 1998? JOSE I wen t'thee unduh houses before I wenta their house and den I mowed da lawn cuz that's all there was to do there then, and den I got in my truck'n left and went to da next house. DEFENSE LAWYER When were you at the McCormick's house? JOSE I dunno...maybe four t'four thirty DEFENSE LAWYER You're not certain of the time? JOSE No, coulda been later, I dunno DEFENSE LAWYER Is it possible that you didn't leave the McCormick's house until five o'clock? JOSE It's possible. DEFENSE LAWYER Then it would take time to drive to your next house? JOSE That's true. DEFENSE LAWYER Did you see Mrs. McCormick? JOSE I didn't see da lady, no. DEFENSE LAWYER Did you go inside? JOSE No sir, I mow d'lawn'n I lef. zat's it. DEFENSE LAWYER You did not rape Mrs. McCormick? JOSE I no rape nobody, man! I no rape d'lady! I no rape nobody! Thay'z crazy! DEFENSE LAWYER Did you see anyone else on the property when you were there? JOSE I no see nobody. FADE OUT. FADE IN. INT. COURTHOUSE LOBBY Michael and Margaret are leaving, and Lyta rushes up to them. Margaret wants to leave but Michael stops her. Michael doesn't say anything but tries to communicate sympathy with Lyta with his eyes and facial expressions. LYTA I just want to say that the defendant came across as very believable, and since it's not being counterbalanced by Margaret's testimony, I just want you to brace yourselves for any possible outcome. MARGARET I'm not going to testify. LYTA That's your decision, but I'm afraid we're going to lose this case. MARGARET I don't care. LYTA You have suffered greatly. There's a limit to how many times I can say I'm sorry. That's no reason why this person who has harmed you shouldn't be punished. MARGARET You don't care about justice. The only reason you want to win is for your own ego. LYTA That's not true. MARGARET It's obviously not because you give a damn about me. LYTA I do care about you. MARGARET Go to Hell. Margaret storms off. MICHAEL (to Lyta) I'm sorry. He chases after Margaret. FADE OUT. FADE IN. EXT. LOS ANGELES COURTHOUSE INT. COURTROOM Court is already in session. JUDGE All right, Deputy Trower, let's have the jurors please. The bailiff leads the jurors in, and they take their seats. JUDGE All right. Thank you ladies and gentlemen, please be seated. Let the record reflect that we have been rejoined by all the members of the jury panel, including our two alternates. Good afternoon again, ladies and gentlemen. JURORS Good Afternoon. JUDGE Ladies and gentlemen, while we were taking our brief recess, Mrs. Robertson advised me that you buzzed three times and indicated that after receiving the verdict forms that you have reached a verdict in this case. Is that correct, Madam Foreman? JUROR #1 yes JUDGE All right. Then if you would, Madam Foreman, would you hand the sealed envelope to Deputy Trower, please. The juror gives the envelope to the bailiff who gives it to the judge. The judge opens it, reads it, and gives it to the bailiff who gives it to the clerk. JUDGE All right. Thank you. Ladies and gentlemen of the jury. I'm going to ask that you carefully listen to the verdict as it's being read by the clerk, Mrs. Robertson, and after the verdict is read, you will each be asked if this is your verdict. I would caution the audience during the reading of the verdict to remain calm. CLERK Superior Court of California, County of Los Angeles. In the matter of People of the State of California versus Jose Manuel Hernandez, case number BA097211, we the jury, in the above entitled action, find the defendant, Jose Manuel Hernandez, not guilty of the crime of forcible rape in violation of penal code section 187 (A), a felony upon Margaret Ruth McCormick. FADE OUT. ACT THREE FADE IN. EXT. LOS ANGELES COURTHOUSE INT. SNACKBAR Lyta is brooding, sitting at a table, lazily stirring a cup of coffee. Lenny walks up and sits down. LENNY You can't win'em all. LYTA God has a sense of humor. LENNY Judgment Day. That's when I'll be close enough to reach up and grab that yokel's neck. LYTA It's all my fault. LENNY There's nothing else you could have done. In our system, the jurors are selected for low intelligence. LYTA The bastard got away with it. LENNY Whenever I lose a case, I focus all my attention on my next case. LYTA I can't get this case out of my mind. LENNY You're going to have to. LYTA I know....If Margaret had testified, we would have won. LENNY We'll never know the answer to that question. LYTA It's my fault she didn't testify. LENNY Why is that? LYTA I turned her against me. LENNY How did you turn her against you? LYTA She walked in on me and Michael. LENNY So what? LYTA (hesitant to answer) We were in bed at the time. LENNY (shocked) What? From this point on, Lenny wants to yell at her, but he doesn't want anyone else to hear, so it's like he's yelling while whispering. He's speaking very forcefully in hushed tones. His voice is just low enough to not attract attention, but he's obviously very angry. Lyta is deeply embarrassed and guilt-stricken. LENNY You can not possibly be serious! Is this true? LYTA yes LENNY Are you telling me you had an affair with the husband of the victim whose rape you're prosecuting? LYTA one time LENNY I told you to take off the kid gloves but not to take anything else off. What the hell were you thinking? LYTA I wasn't thinking. LENNY obviously LYTA I'm sorry. LENNY How much significance do you attach to those words when they're spoken by the criminals you prosecute? LYTA What else can I say? LENNY This is so unlike you. LYTA I know. LENNY May I ask why? LYTA It just happened. LENNY Could you imagine the emotional distress it would cause to a woman who was raped to walk in on her husband having sex with the woman prosecuting her rape case? LYTA no LENNY This could have caused you to lose the case because she didn't testify. What if that Mexican rapes another woman? LYTA I know....I.... LENNY Has she complained to the District Attorney? LYTA Not to my knowledge. LENNY If she does, you could be fired. LYTA I know. LENNY Let me put it like this. Let's say you became romantically involved with a witness in a case. Both of you are single. No sex took place. It's not the victim or a family member. Still, that would be totally unethical because it would cloud your perception or presentation of the evidence, or the witness's credibility. It would create a conflict of interest. You'd have to excuse yourself from the case. I would never do that. I would never even consider it. I don't care what kind of double D platinum bombshell she is. I would never even consider it. LYTA I don't know what came over me. I just don't know. Michael is so charismatic. I just can't describe it. He's good looking, rich.... LENNY ....and married. I'm surprised at you. LYTA So am I. FADE OUT. FADE IN. EXT. MICHAEL'S HOUSE INT. MICHAEL'S HOUSE Michael and Margaret are reading the newspaper, drinking coffee. The doorbell rings, and Michael answers it. Lyta comes in. LYTA Hi. MARGARET What do you want? LYTA I just want to apologize for losing the case. MICHAEL We know you did your best. LYTA We were dealt a poor hand, and we played it well. However, the jury made their decision, and we have to respect it. MARGARET I understand. LYTA You have to consider the possibility that Jose might come back. You should consider some means of defending yourself. MICHAEL We have a gun. LYTA Margaret, I just want to say I'm sorry about the way everything turned out. MARGARET I don't blame you for losing the case. LYTA Well, it's good to see that you two have worked out your problems. MARGARET I'll always love Michael. LYTA Well, I guess this is good-bye....Feel free to contact me if there's anything you want. MARGARET Good-bye. MICHAEL Bye, Lyta. Michael kisses Lyta on the cheek, and she leaves. FADE OUT. EXT. LYTA'S HOUSE late afternoon INT. LYTA'S HOUSE Lyta is snuggled up on the couch under a blanket, watching television. The phone rings, and she answers it. LYTA Hello? It's Michael. When Lyta speaks, we see her. When Michael speaks, we cut to him in his house. MICHAEL This is Michael. I was just wondering if I could come over. I just want to talk. I don't want to leave things hanging the way they are now. LYTA um....all right....yeah, sure MICHAEL I'll be right over. Thanks. Lyta hangs up. FADE OUT. FADE IN. INT. LYTA'S HOUSE There's a knock on the door, and Lyta answers it. Michael comes in. MICHAEL Hi. LYTA Hi. MICHAEL It's good to see you again. LYTA So how are things going? MICHAEL You said I should feel free to contact you if there's anything I want. LYTA What do you want? They sit down in the living room. MICHAEL This whole thing was entirely my fault. I invited you to dinner, and made sure Maggie wasn't there. Then I brought you home, and was coming on so strong. I was the aggressor. It was entirely my fault. I just want to apologize for my actions. LYTA It wasn't entirely your fault. There's certainly enough blame to go around. I was a willing participant. MICHAEL If it wasn't for me, it wouldn't have happened. LYTA If it wasn't for me, it wouldn't have happened either. MICHAEL I just want to say that what happened between us was a symptom, and not the cause, of the problems in my marriage. There were problems in our marriage before this, even before the rape. LYTA What's important is that you've worked out your problems, and put them behind you. MICHAEL Yes, but not in the way you might mean. What happened between us was a good thing because it made me and Maggie realize that we were living a lie. Our marriage was over a long time ago, and it's time that we faced it. We've filed for divorce. LYTA I'm sorry to hear that. MICHAEL No, don't be. It's the best thing for both of us. We have no hard feelings. She needed me during the trial, and I had to be there for her. However now, there is no point in continuing it further. I'll always care deeply for her. LYTA I can tell she'll always care deeply for you. MICHAEL I can't see why. I've hurt her deeply. LYTA She forgives you. MICHAEL She's gone through sheer hell over this past year. She's going to counseling. It's been very traumatic. However, now I think that she's finally on the upswing. Now that she's rid of this baggage, the trial is over, the stale marriage is over, she can start rebuilding her life. LYTA That's good. My heart just goes out to her. I feel so guilty about hurting her. MICHAEL I know the feeling more than anyone. I'm willing to give her money, or whatever she wants. LYTA I'm willing to do whatever I can for her. I've never been as close to victims as I have to you two. MICHAEL I've never been as close to someone as you. You remind me a great deal of Maggie, especially when we were young. LYTA You've said that before. Can I get you a drink? MICHAEL That would be delightful. Lyta gets up to get the drinks. MICHAEL I was wondering, how would you have looked back on our relationship if Maggie hadn't walked in on us? Lyta hands him a drink, and sits down. LYTA I would have felt very guilty. MICHAEL Should you feel guilty over love? LYTA It wasn't love, it was lust. MICHAEL Is that what it was to you? LYTA Wasn't that what it was to you? MICHAEL No, to me it was genuine love. I've loved you since I first laid eyes on you. LYTA Michael.... MICHAEL I apologize if I'm making you feel uncomfortable. LYTA No, it's all right. MICHAEL What was wrong with what we did was that I was married. Therefore if we did the same thing now, it would not be wrong. LYTA The divorce isn't final yet, but I can see your point. MICHAEL Would you be willing to have a relationship with me? LYTA Maybe someday. MICHAEL What do you mean? If you were willing to have an affair with me when I was married, why would you hesitate when we're both single? Margaret would want me to be happy, and you would make me very happy. I love you Lyta, more than you know. He kisses her. LYTA Are you trying to forget someone? MICHAEL I'm trying to remember someone, how she likes to be kissed, how she likes to be held, how she likes to be touched.... They kiss passionately. They go to Lyta's bedroom. INT. LYTA'S BEDROOM They walk in. Lyta takes the phone off the hook. They start kissing passionately. They start undressing each other. Then Lyta stops suddenly. LYTA Michael....no wait....This is just moving to fast. MICHAEL What do you mean? We've already had sex. LYTA You're coming off an eleven year marriage. We should just take this slow. MICHAEL This is no time to play hard to get. LYTA I'm not. MICHAEL You've already agreed. You brought me to your bedroom. LYTA Michael!....Wait!....Stop!....Stop it!.... Michael punches her to subdue her, and wrestles her onto the bed. He rips off her dress. He holds her wrists above her head, and she screams, and frantically tries to get away from him. We then cut to after the rape has taken place, so we don't actually see the rape. Lyta is in bed in the nude, with a black eye, and bruises on her arms from where he held her wrists. Michael is buckling his belt but it otherwise dressed. He has a scratch on his face from when she tried to get away from him. Lyta is crying. From now on when Lyta speaks to Michael, she sputters with venomous hatred. MICHAEL (laughing) Was it good for you? LYTA (seething) You bastard!...You monster!...Fuck you bastard!.... MICHAEL I'm sorry about that. LYTA If you were really sorry, you wouldn't have done it in the first place. MICHAEL Don't complain. You know you wanted it. Your mouth was saying no, but your body was saying yes. Your eyes had that come hither look. LYTA You'll go to jail. I'll make sure you get the highest penalty. MICHAEL I've always gotten away with it before. LYTA You raped your own wife! You raped Margaret! MICHAEL Of course LYTA Why didn't she say? MICHAEL Because she loves me, same as you. LYTA She must have blocked it out of her mind because it was to painful. You must have threatened you. MICHAEL Neither of those things are true. She never fingered me because she's in love with me, and doesn't want to see me in jail. LYTA Why would she love you? MICHAEL I should ask you that question. Why did you fall in love with me? LYTA You framed Jose. MICHAEL Well actually, there have been several times when my wife has been diligent in her marital duties, and I've had to be forceful in claiming my husbandly prerogative. Usually no one says anything. However the last time was rougher than usual, so much so, she had to go to the hospital. They were able to tell she was raped, and so we had to blame Jose. LYTA Well I will certainly not keep quiet. MICHAEL Yes you will because you're in love with me, same as Maggie. LYTA You will pay you fucking bastard! MICHAEL That's what Maggie said the first time but of course she couldn't go through with it. Women can't resist my charm. What can I say? LYTA This time, you've met your match. I'm an officer of the court. I've put a thousand sorry asses like yours in jail, and I'll put a million more, but yours will always be the sorriest! Don't doubt that for an instant! MICHAEL I'll say it was consensual. LYTA these bruises, internal bruises MICHAEL Y'know, I suppose you're right. He reaches into his jacket, and pulls out a gun, and points it at her. MICHAEL If I can't trust you to keep quiet, I'll have to make sure that you keep quiet. LYTA You want to add murder to your crimes? This constitutes special circumstances. You could get the death penalty. MICHAEL I'm not going to get caught. LYTA and how do you figure that? MICHAEL Jose was just released. Perhaps he raped you and killed you in retaliation for you prosecuting him. If not him, it could be an infinite number of people. Anyone could come in here and rape and kill you. They would never suspect me. LYTA Your car is parked in my driveway. MICHAEL I'll say I came to visit and found you dead. LYTA The neighbors would have heard my screams after they saw your car drive up. MICHAEL You're just to smart for your own good aren't you bitch. LYTA You pervert. MICHAEL Not at all. God gave men and women the equipment to make babies, and then the Devil went and loused up the whole thing by making it fun. LYTA You misogynist.... MICHAEL I don't despise women as a gender, and because you happen to be female doesn't mean that you get automatic admission into Hell. All women are not the daughters of the Devil who bring about the downfall of men through their wicked allurements. LYTA as opposed to me? MICHAEL Of course. Out of all the women I've had sex with, you were the one I enjoyed the most, and I knew that would be the case when I first laid eyes on you. Well, I guess this is good-bye. He points the gun at her, and is about to fire, when she jumps out of bed in the nude, and runs to the door. He fires once, missing her, shattering a lamp, as she runs out of the room. She runs to the living room, and picks up the phone, but since the phone in her bedroom is off the hook, she just gets a busy signal. When she hears Michael running down the hall, she makes for the front door. Michael comes into view, and fires again. He fires a third time as she runs out the front door. EXT. LYTA'S HOUSE Michael's blue BMW is in her driveway. Lyta runs into the street in the nude just as a car is coming down the street. It turns out to be Lenny, and she jumps in. Lenny is astonished to see her in the nude, and in her current state. INT. LENNY'S CAR LENNY What the hell? LYTA Michael raped me! He's trying to kill me! Michael runs out of the house, and fires at the car. Lenny hits the accelerator, and screeches away, Michael fires again, shattering Lenny's back window, as he speeds away. Michael then gets in his BMW in Lyta's driveway, and speeds after them. LENNY Did Michael go crazy? LYTA He's always been crazy. What are you doing here? LENNY You're late for the meeting. I kept calling you but your phone was off the hook. Where are your clothes? LYTA Michael tore them off. He raped me. LENNY but the other time was consensual? LYTA He was the one who raped Margaret. Jose was framed. LENNY I guess the jury system does work. LYTA Don't you have a car phone? LENNY I don't want them to be able to contact me from the office. LYTA We have to find a phone booth so we can call the police. LENNY I don't suggest pulling over with Mr. Psychopath on our tail. INT. MICHAEL'S CAR Michael rolls down the window, reaches out with the gun, and fires at Lenny's car. INT. LENNY'S CAR They scrunch down low in their seats, as more shots are fired at them. EXT. STREETS OF LOS ANGELES Lenny's car, followed by Michael's BMW, speeds through the streets of Los Angeles. INT. LENNY'S CAR Lenny, distracted by Lyta's nudity, veers into the opposite lane. As oncoming cars blare their horns, he quickly corrects himself. EXT. STREETS OF LOS ANGELES The two cars continue to speed, weaving around other cars, driving over the median, and through red lights. Lenny takes several turns in quick succession, and manages to lose Michael. They stop near a phone booth. INT. LENNY'S CAR LENNY Why doncha call the police? LYTA Why don't you call? LENNY All right. Lenny gets out. LENNY Here, you can wear my coat. Lenny takes off his coat, and gives it to her. EXT. PHONE BOOTH Lenny is on the phone. LENNY ....We're on North Grover Street. Michael McCormick is chasing us in a blue BMW, firing several shots at us. He just raped Lyta Henshaw.... Michael's car appears in the distance. INT. LENNY'S CAR Lyta sees Michael's car. She slides into the driver's seat, and hits the accelerator. EXT. STREET Lenny sees this, drops the phone, and races after the car. He manages to jump onto the trunk, just as it picks up speed. He then climbs through the broken window into the back seat. EXT. STREETS OF LOS ANGELES The two cars continue a high speed chase through the streets of Los Angeles. EXT. ALLEY Lyta turns into an alley, and then comes to a stop, crashing into boxes and trash cans. LENNY We're safe. LYTA Ah, this is obviously some strange usage of the word safe that I wasn't previously aware of. Then Michael's car enters and speeds down the alley, and stops next to theirs. Michael gets out, pointing the gun at them. MICHAEL Put your hands where I can see them. They raise their hands. MICHAEL It looks like I'm going to have to eliminate both of you. LENNY Why? MICHAEL So I won't get caught. So no one alive will know what I've done. LYTA How will you explain this? MICHAEL I'll make it look like a car jacking that went awry. You refused to give up your car. After they killed you, they got scared and ran off. LYTA Don't you think anyone would think it's strange that I'm driving around wearing nothing but a coat? MICHAEL You're a flasher....or you two were lovers. You were making out when the car jackers found you. LYTA yeah right MICHAEL Enough chatter! I have to end this once and for all! Lyta gets out of the car. LYTA Michael, I've decided that you're right, and I was wrong. I could never turn you in because I could never bare to be separated from you. I was angry at first but I realize now that I had led you on, and you were entirely within your right. MICHAEL You're just trying to save your life. LYTA No, I love you Michael, with all my heart. I want to marry you. I'll be different than Margaret because I'll never refuse you. You'll never rape me again because from no on, I'll always agree, always want to do it. My body is yours. MICHAEL (pointing to Lenny) How 'bout him? LYTA You can kill him. LENNY What? Lyta walks up to Michael, acting alluring, and kisses him passionately. While kissing him, she wrenches the gun from his hand, and backs away pointing the gun at him. LYTA Put your hands in the air! Don't move! Michael then lunges for the gun. They struggle, fighting over the gun. Michael manages to get it away from Lyta. He backs away, pointing it at her. MICHAEL All right! Enough! I am tired of you, bitch! Any last words? LYTA Go to hell! MICHAEL What a waste. I thought you would have chosen something profound. Oh well. He straightens his arm, cocks his head, and points the gun right at her. Lenny closes his eyes. Then there is a close up of the gun, as he slowly pulls the trigger. A flag pops out with the word "bang" on it. Lyta then pulls the other gun out of the pocket of her coat, and points it at Michael. She had switched the two guns. Then police sirens are heard. Police cars enter the alley, and block Michael's way out. Police get out and point their guns at Michael. Michael's reaction is one of amusement. He laughs as they take him into custody. FADE OUT. FADE IN. EXT. LOS ANGELES COURT HOUSE INT. COURTHOUSE LOBBY Margaret is sitting on a couch, and Lyta comes and sits next to her. LYTA We have an open and shut case against Michael. MARGARET Good. LYTA We would like to charge him with having raped you as well. Would you be willing to testify? MARGARET Yes, most definitely. LYTA You never discussed divorce? MARGARET No, never. In fact we made love right before he went to see you. He was saying, "I love you Maggie, more than you know." LYTA Why didn't you say that he had raped you? MARGARET Because I was in denial. I didn't want to admit to myself what had happened, what always happened. I knew it of course, but I would just as soon pretend it wasn't true. I was living a lie, a lie I would rather live. LYTA You would send an innocent man to jail to protect a rapist? MARGARET I wish I could be as strong as you. Y'know what it was like when you were in love with Michael? I had been like that for twelve years. My life was in a holding pattern, and I was afraid to break it. LYTA I have to say, when you told me how Jose had raped you, it was so convincing, you're the best liar I have ever met. MARGARET Michael's the best liar I ever met. LYTA That's not true. He wasn't a very good liar. MARGARET He's not that different from most men. LYTA Yes he is. MARGARET Almost all men act real nice to you, tell you they love you, buy you flowers, jewelry, presents, for one reason, they want to have sex. All the romance is to try to get you to put out. You think they would do that if they were stricken with impotence, or if you became a burn victim? Don't kid yourself. Men pretend to like you as a person but really they just want your body. Some women are so stupid, they fall for this. Most women know deep down that it's all an act, but they go along with it because they want to believe it so badly. They want to think that the guy is interested in their heart and mind, not just their body, so they pretend to fall for it when the guy puts on this act. They don't want to shatter the illusion that men love women in the same way that women love men. They're deliberately self- delusional. Men act nice to women to try to get women to fall in love with them so the women will agree to have sex with them which is the only thing the men were after in the first place. Men are fixated on their three piece set. I don't think Michael is fundamentally different than 99% of men on this planet. LYTA I've received a harsh reprimand for getting romantically involved with a victim's family member in an on going case. I suppose you're happy about that. MARGARET No, you're a victim, same as me. LYTA I've dealt with crime victims throughout my career. I've never seen it from the other side before. You think you can imagine it but you can't. MARGARET Right now, you're in denial. Someday, you'll just wake up in the middle of the night, and it'll just hit you. You feel dirty. More than that, you feel stupid, like you should have seen it coming. However, you'll get through this. You're stronger than me. It'll get worse before it gets better, but it will get better. Unlike me, you won't have someone deliberately cultivating your low self-esteem. I'll always be there for you. FADE OUT.