Monster Read online

  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?

  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 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.