GRAINE
No. He’s ‘not guilty by reason of justification.’
ADAM
What? What are you—how?
GRAINE
Do you believe in God, Adam?
ADAM
No. I’m an atheist. But I believe in Hell.
Black out. End of Act II.
Act Three
Scene One
The courtroom. There are two sets of tables. During the following voice-over, ALDINE and JEFF enter and go to one table. ADAM, GRAINE, and THRINH enter. ADAM goes to the other table; GRAINE and THRINH sit just behind. OSCAR enters from another direction, chained at the ankles. He sits at the table with ADAM. The group goes through the motions of a court coming to order—whispering to one another, making notes, rising as the judge presumably enters, and settling in.
RADIO ANNOUNCER
WNVR Talk Radio: the Voice of Your Home Town. The second week of the “Bathroom Killer” trial begins today in Bethany. As citizens were reeling from the fallout of the tragedy, they were hit with another shockwave when defense attorney Adam Crawford, in opening statements, asserted that Oscar Telford, the accused, was justified in committing his crime. The accused asserts that Almighty God told him to murder eight-year-old Daniel Leyland. The defense entered a plea of Not Guilty. So far, however, the trial has focused on the People’s case, with District Attorney Aldine Cage presenting material evidence from the crime—including a razor blade and DNA samples from the crime scene—and calling a number of forensic experts to testify. The defense has been uncharacteristically quiet during this first phase of testimony, raising no objections. This week, the trial moves into the next phase, during which, it is expected Cage will attempt to establish the defendant’s state of mind. The courtroom has been unusually crowded as townsfolk anticipate arguments from the defense. A candlelight vigil was held last night outside the jailhouse by opponents of the death penalty, while another group gathered across the street to pray for Daniel and for justice. The Bethany Town Faire will go on as scheduled this weekend, but no public restrooms will be available. So go before you go, folks. It’s now 10:17AM and partly cloudy out there today. This is WNVR: the Voice of Your Hometown.
Scene Two
The courtroom. After the session. Oscar is gone, but the others remain, talking among themselves. ALDINE approaches ADAM.
ALDINE
Well, Adam? No fewer than seven people testifying that they saw your client on the day of the crime. Two who saw him just minutes before, buying a slushy-drink. Lime-flavored. Green. Not yellow. How’s that for detail?
ADAM
Doesn’t matter, Aldine.
ALDINE
Oh, I think it does. See, I know how to talk to a jury. All that other stuff—fingerprints and DNA and blood samples—that’s for the judge. That’s for the papers. But these people, the people on the jury, they weren’t sure such a thing was possible ‘til they heard it from the mouths of their own. Eye-witnesses. I saw the looks on their faces. They were thinking about the last time they got gas at that station. About how their little Johnny had to go so bad, so they just pulled over and got a pack of smokes, let little Johnny get the key from the cashier and go out back alone. You know the look I mean, Adam. They didn’t believe evil could be real anymore, not here. Now they know it is.
ADAM snorts.
ALDINE
Wanna talk about a deal?
ADAM
You know what—
ALDINE
Ooops! Time’s up. Sorry.
THRINH
Ms. Cage, all that doesn’t matter because we all know what he did and it’s not about that.
ALDINE
And you are…?
THRINH
I’m Thrinh Nyguen. I’m a law student. I have two years of law school in—
GRAINE
Aldine, it’s so unlike you to gloat. What about the simple pride in seeing justice done?
ALDINE
Justice! Oh, very funny, Miss get-em-off-on-a-technicality! Miss hides-away-in-some-university and only comes to town when she smells blood!
JEFF
You told her. Okay, Aldine, let’s go.
ADAM
Yeah, go back and dig up some more eye-witnesses, Aldine. I’ll bet if you hang around outside the gas station tonight you’ll find a whole bunch of people who’ll tell you whatever you want to hear.
THRINH
Go Adam!
GRAINE
Just a minute. Aldine, can’t we keep this professional?
ALDINE
I am professional! (struggling to control herself) I am trying to be professional. But it’s easy to be detached when you don’t live here. When you don’t have a daughter who walks home alone from school every day. This is about more than justice, Graine. It’s about making sure your client gets what he deserves and that every other would-be child killer in this state knows it.
ADAM
Jesus, Aldine. You’re sounding like a preacher, not a lawyer.
ALDINE
In times of trouble, we all turn to God for comfort. And don’t blaspheme! Maybe I’m rediscovering my spiritual side. But that doesn’t make me any less determined to uphold the principles of the law.
GRAINE
That is exactly what we are all trying to do. The circumstances are, granted, rather unusual, but we do have a valid, legally-tried defense. And we don’t want to cut a deal. We look forward to seeing you tomorrow.
ALDINE
You certainly will.
ALDINE storms out with JEFF on her heels.
THRINH
We?
GRAINE
Hmm?
THRINH
We look forward to seeing you?
ADAM
Does this mean you’ve decided to formally join the defense team?
GRAINE
ADAM
What’s tempting is Aldine’s offer of a deal.
THRINH
We can’t give up now. You said Oscar would get a chance to tell his side.
ADAM
He still can…at a commitment hearing.
GRAINE
You wanted me on the team, Adam. There’s no point in my being here if you aren’t going to take my advice.
THRINH
And we’re winning. The DA is scared. She wouldn’t be so nasty if she weren’t.
ADAM
She scared, but not of losing. She doesn’t want to try this case any more than I do.
GRAINE
Fine. Do whatever you think is right. Nice seeing you again. See you in class, Thrinh.
GRAINE starts to leave and ADAM grabs her arm to stop her.
ADAM
I am doing what’s right for Oscar!
GRAINE
Do you believe him?
ADAM
I…I believe he thinks he’s telling the truth. I don’t think he should get the death penalty.
GRAINE
But do you think he’s crazy? That he belongs in an institution?
ADAM
He doesn’t belong out on the streets.
JEFF enters.
JEFF
Excuse me, Adam?
ADAM
What do you want?
JEFF
I’m sorry about Aldine. You’re right, Ms. Goodwin. We all need to keep this professional.
GRAINE
I appreciate that, Jeff.
JEFF
That’s why I think—from a professional standpoint—that making a deal is the best thing for all of us. Especially for your client.
THRINH
He’s none of your business.
JEFF
Excuse me, but he is. We don’t want to put an innocent man in prison either. But even you admit he did it. So let’s work something out.
ADAM
What about Aldine?
JEFF
We can hash out something between us and I’ll take it to her. I’ll mak
e her think it was her idea.
ADAM
What kind of deal?
JEFF
Telford pleads guilty to murder two. There’s a depraved indifference clause. We’ll recommend the minimum to be served at Gorston.
THRINH
That’s a maximum security hospital for the criminally insane!
ADAM
Manslaughter three and you get Hudson to recommend Oscar be sent to the local psychiatric ward under a five-year paper.
JEFF
I can’t do that. He’d be eligible for weekend passes and release on good evaluation after six months! You want him hanging around the mall next Christmas?
ADAM
Alright. A minimum of seven years at the state pen. In the psyc ward.
JEFF
Okay, I think I can—
GRAINE
No.
ADAM
Graine, he’ll be okay. They’ll medicate him, give him therapy. He’ll get better.
THRINH
Not in that place. I’ve seen it. The law school made us go on a tour. It’s disgusting. Inmates sleeping four to a bed. They’re all strapped down. And they only see a doctor once a month.
JEFF
We’ll get him a private room.
GRAINE
He’s not insane. He doesn’t belong in prison, or in that hospital.
JEFF
He killed someone. I think the jury will disagree with you.
GRAINE
I don’ t think so. We’ve all done something we didn’t want to do because we thought we had to. Why didn’t you go right into politics after law school, Jeff?
JEFF
What does that—for…experience.
GRAINE
In this little tiny town, where nothing ever happens? A little tiny town where your father grew up? In a county where he’s short on votes if he decides to run for the senate?
JEFF
Yeah, sure, but—
GRAINE
How did it go? ‘Help out the old man, Jeff. Do it for the family.’ Did he promise you something? ‘Advertise the family name and I’ll set you up in New York’? Or did he threaten you? ‘Do it or I’ll cut you off!’ How’d you like to have to work for a living, Jeff?
JEFF
What I do and why I do it is none of your business!
GRAINE
You’re right. But if you couldn’t say no to your father, whatever the reason, how would you expect someone to refuse a request from The Father. He can do a lot more than just cut off your allowance.
JEFF
There are choices…and free will…and besides, I may not be anyone’s idea of a hero, but I didn’t kill anyone either.
GRAINE
Size is relative.
JEFF
Forget it then. Go ahead and argue your stupid defense. I get paid either way.
JEFF exits.
ADAM
How did you do that?
THRINH
Always know your adversary.
GRAINE
That’s right. We’re not cutting a deal, Adam. If you want me here, that’s the way it’s going to be.
ADAM
Okay, okay. I’m starting to think we might be able to win this thing. You sure scared the shit out of Jeff. Little weasel.
GRAINE
He could drive me to tell lawyer jokes.
THRINH
Why do lawyers practice mnemonics?
GRAINE
Why?
THRINH
A liar should have a good memory.
They exit. As they walk out:
THRINH
You’re in a room with Hitler, Charles Mason, and a lawyer, and you’ve got a gun with only two bullets. What do you do?
GRAINE
What?
THRINH
Shoot the lawyer twice. What do you call a thousand lawyers at the bottom of the ocean?
GRAINE
A good start!
Scene Three
FATHER STONE sits in the confessional booth. He holds a rosary in his hands and counts the beads, muttering the Hail Mary to himself. GRAINE enters and looks around the Church. She is holding a large envelope. YOUNG GRAINE enters and goes to the confessional.
YOUNG GRAINE
Daddy, I figured out why Father Michael sits in that box. It’s like when Clarke Kent goes into the phone booth and changes into Superman. The words that I speak unto you I speak not of myself, but of the Father that…something…in me…something…I can’t remember…but he goes in there so he can talk right to God, right? I wish I had a box like that.
YOUNG GRAINE walks off and GRAINE approaches the confessional. She knocks on the door and STONE opens it.
STONE
Graine, I’m so glad you could drop by.
GRAINE
I can’t stay. I just wanted to drop this off myself.
GRAINE hands the envelope to STONE
We’d like you to testify at the trial. In fact, we insist. The details are in there.
STONE
You know…if you’d like to talk…you could stay a while…
GRAINE
I shouldn’t have even come. It might seem inappropriate. Because you are a witness.
STONE
It would be just between you and me. And God, of course.
GRAINE speaks as she exits hurriedly:
GRAINE
I’m sorry, Father Michael. I have to leave. The doors are lovely.
STONE goes back inside the confessional and REVERAND LEE enters and goes into the confessional on the other side.
LEE
Here you are.
STONE
Hello, Monty. What sins have you to confess?
LEE
Michael, you country FOOL. I’m not here to talk about MY sins. I’ve been looking all over the cathedral for you. What did Graine Goodwin want?
STONE
Just dropping by. I felt like…hearing confession today. Father James usually does it on Mondays. But I felt…well, it’s nice to be able to absolve someone, isn’t it?
LEE
I have no IDEA what you’re talking about.
STONE
To say to a troubled person…God hears you. And he forgives you. Through me. He speaks…through me. I am His instrument.
LEE
Yes, I’m sure that’s wonderful. Did you get a summons?
STONE
I suppose that is what this is.
LEE
What in the WORLD is that Goodwin girl up to now?
STONE
I really couldn’t say—
LEE
When I encouraged Aldine Cage to take this case, I had no idea I would be called as a—what do you call it? A material witness?
STONE
I assume we are being called as expert witnesses. The people who saw him—the man from the gas station, the police—they are material witnesses.
LEE
I expected to be called by the prosecution, not the defense. I thought they would call me to testify as to the moral damage that boy has inflicted on us.
STONE
Aldine may still ask you about that.
LEE
Yes, but I wanted the boy to stand trial, Michael. I don’t want him to get off on some insanity plea. The Goodwin girl is going to try and make me say that boy is CRAZY.
STONE
He’s not.
LEE
Well, of COURSE he’s NOT. He’s evil and sick, but he is still responsible—what you mean: he’s not? How do you know that?
STONE
He’s pleading…not guilty.
LEE
But it’s ‘not guilty by reason of insanity’ or some such thing, right?
STONE
I think not.
LEE
What? But the evidence—I mean, he must know that insanity is his best chance to avoid execution.
STONE
He doesn’t care.
LEE
Are you trying to tell me that you have seen him? That you spoke to him?
There is a long pause punctuated by STONE’s throat-clearing.
LEE
Godammit, Michael, swallow that frog already and tell me what he said!
STONE
I believe that is…confidential.
LEE
Shoot! I am a man of the LORD just the same as you. You can tell me.
STONE
I don’t think so.
LEE
You’re going to do it, aren’t you?
STONE
Hmm?
LEE