ACT THREE
FADE IN:
EST. THE COURTHOUSE - MORNING
CUT TO:
INT. THE COURTROOM
Mike is sitting on the witness stand.
JONES
Mr. McQueen, did you in fact
encounter the defendant on the
night in question?
MIKE
Yes, I did.
JONES
Where was that?
MIKE
At my house. Nicole stopped by
about seven-thirty.
JONES
And what was the defendant's
condition when she appeared at
your home?
DEVENPORT
Objection. Calls for speculation.
JONES
I'll rephrase. Mr. McQueen, did
you notice anything unusual about
the defendant's demeanor?
MIKE
I smelled alcohol on her breath.
JONES
Faintly? Strongly?
DEVENPORT
Objection.
JUDGE HOLMES
I think the witness is capable of
making that distinction—overruled.
Answer the question, Mr. McQueen.
MIKE
It was very strong.
JONES
And what action, if any, did you
take when you smelled the alcohol?
MIKE
I took her car keys away from her.
JONES
And did the defendant say anything
to you at that time concerning the
victim?
MIKE
She asked if Brooke was home, and
I told her that she'd already left
for the Moonlight Cafe. She
said—she said that Brooke had
ruined her prom plans, and that
she was going to pay.
JONES
Do you recall her exact words?
Mike looks down and swallows hard; then fixes his eyes
squarely on Nicole.
MIKE
Her exact words were, "I hate that
bitch, and that bitch is going to
pay."
SLIDE CUT TO:
THE COURTROOM - LATER
With Sam now on the stand.
JONES
Now, Ms. McPherson, where were you
at the time the crime was
committed?
SAM
I was outside the Moonlight Cafe.
JONES
And how far away were you from the
victim?
SAM
(shaking her head)
Ten feet. Less.
JONES
And you saw the car hit Ms.
McQueen?
SAM
Yes.
JONES
And did you hear anything in
particular before the car struck
Ms. McQueen?
DEVENPORT
Objection, leading.
JUDGE HOLMES
Overruled.
SAM
I heard her gun the engine before
she hit Brooke.
JONES
So the car was accelerating as it
hit Ms. McQueen.
SAM
That's what it sounded like.
JONES
Thank you—nothing further.
Jones sits down, and Devenport stands up.
DEVENPORT
You just characterized the driver
as "she"—"she hit Brooke".
However, in the police reports
from the scene, you called the
driver "he". The fact is that, at
the time of the accident, you
couldn't tell who was driving the
car, could you?
SAM
No. It was too dark.
DEVENPORT
Just wanted to be clear on that.
Now, Miss McPherson, you just
testified that you were outside
the restaurant when the accident
occurred?
SAM
That's right.
DEVENPORT
What were you doing there?
SAM
I'm sorry?
DEVENPORT
What were you doing outside the
restaurant? Waiting to go in?
Just loitering?
SAM
I...I had just come outside.
DEVENPORT
(nodding)
Ah...isn't it true that you
followed Miss McQueen outside?
SAM
Yes.
DEVENPORT
So, both you and Miss McQueen were
inside just prior to the accident.
SAM
Yes.
DEVENPORT
Why were you both at the Moonlight
Cafe that evening?
JONES
Objection. What they were doing
prior to the crime is irrelevant.
DEVENPORT
Your Honor, this goes directly to
how Miss McQueen's state of mind
affected her actions leading up to
the accident.
JUDGE HOLMES
I'll allow it.
(to Sam)
Answer the question, Ms.
McPherson.
SAM
It was the night of the Junior
Prom. We were meeting Harrison
before going there.
DEVENPORT
That would be Harrison John,
another student at Kennedy High?
SAM
Yes.
DEVENPORT
And you were BOTH meeting him?
SAM
We were all going to go to the
prom together.
DEVENPORT
And how did this unusual
arrangement come about?
JONES
I'd like to renew my objection to
this whole line of questioning.
DEVENPORT
I'm building a foundation, Your
Honor.
JUDGE HOLMES
(severely)
Build it quickly, Mr. Devenport.
(to Sam)
Go head, Ms. McPherson.
SAM
We—Brooke and I—we both wanted to
go out with Harrison. But we
didn't want to fight over him.
So...we decided to ask him to the
prom together.
DEVENPORT
But something changed, didn't it?
SAM
We talked it over, and we decided
it wasn't going to work.
DEVENPORT
(nodding)
And so when you met with Mr. John
that night, you asked him to make
a decision, didn't you?
SAM
Yes.
DEVENPORT
You asked him to choose between
the two of you—to date one of you,
and discontinue his involvement
with the other.
SAM
That's what we wanted.
DEVENPORT
I want to make it clear that this
wasn't simply a hypothetical
decision—both you and Miss McQueen
had invested a great deal in your
romantic relationships with Mr.
John, isn't that true?
SAM
I—I guess you could say that.
DEVENPORT
And whoever was left out in the
cold, so to speak, was bound to be
disappointed, to put it mildly.
JONES
Objection—
DEVENPORT
(overriding)
Who did Mr. John choose, Miss
McPherson?
SAM
(uncomfortably)
He chose me.
DEVENPORT
And how did Miss McQueen react to
that? Was she upset?
JONES
Objection, calls for speculation.
DEVENPORT
Your Honor, these two have lived
together for two years. They've
described themselves as virtually
family. If she's not qualified to
make that observation...
JUDGE HOLMES
Overruled.
DEVENPORT
Miss McPherson?
SAM
Yes, she was upset.
DEVENPORT
In fact, she was so upset that she
got up from your table and rushed
out of the restaurant.
SAM
Yes.
DEVENPORT
And you followed her?
SAM
Yes.
DEVENPORT
Isn't it true that once you were
outside, you asked her to stop?
SAM
Yeah, I did.
DEVENPORT
And isn't it true that not only
did she ignore your request, but
that she walked out into the
street without looking?
SAM
I...she...
DEVENPORT
(pressing)
She was less than ten feet away
from you and she was the person
you were focused on. Isn't it
true, Miss McPherson, that Miss
McQueen was so upset that she
walked right out into the middle
of the street without ever looking
to see if there was any oncoming
traffic?
SAM
(reluctantly)
Yes.
DEVENPORT
(for the jury)
So the only reason my client's car
hit Miss McQueen is that Miss
McQueen put herself directly in
the car's path.
JONES
Objection!
DEVENPORT
Withdrawn.
Devenport walks back to his table and shuffles some papers to
allow his point to sink in.
DEVENPORT (CONT'D)
How are you related to Brooke
McQueen? Legally, that is.
SAM
Legally...our parents are engaged.
DEVENPORT
Your mother and her father.
SAM
Yes.
DEVENPORT
And, not only are they engaged,
but they have been living together
for a year and a half, and just
recently had a child together, is
that correct?
SAM
Yes.
DEVENPORT
So you and Miss McQueen and your
respective parents are basically
one household?
SAM
Yes.
DEVENPORT
And how do you think of Brooke
McQueen?
SAM
(shrugging)
She's my sister.
DEVENPORT
She confides in you? Just as if
you were blood-related?
SAM
Yes.
DEVENPORT
And how would you characterize her
relationship with Nicole Julian?
JONES
Objection. Relevance?
DEVENPORT
The prosecution's entire theory of
my client's motive rests upon the
supposed estrangement in the
relationship between her and Miss
McQueen. And since Miss McQueen's
doctors have attested to the
court's satisfaction that she is
unable to appear, I'd like some
leeway to explore that
relationship via Miss McPherson.
JUDGE HOLMES
Overruled. You can answer the
question, Ms. McPherson.
SAM
They...I know they were best
friends until recently.
DEVENPORT
You say "until recently"?
SAM
They had a fight a couple days
before...before she got hit.
DEVENPORT
I see... And as far as you know,
they had never fought before?
SAM
Sure, they fought sometimes.
DEVENPORT
Last year, Miss McQueen was
involved with a certain Josh Ford?
SAM
Yes.
DEVENPORT
Do you recall an occasion when it
was revealed that, while Miss
McQueen and Mr. Ford were
having...difficulties, Miss Julian
had been intimate with him?
SAM
Yes, I remember that.
DEVENPORT
How did Miss McQueen react to
learning that?
SAM
She said she never wanted to speak
to her again.
DEVENPORT
Ah... And did she?
SAM
Excuse me?
DEVENPORT
Did she never speak to Miss Julian
again?
SAM
No— It...blew over. Nicole
apologized, I guess, and Brooke
forgave her.
DEVENPORT
So the friendship between Miss
McQueen and Miss Julian was strong
enough to survive this serious
issue between them?
SAM
I...suppose you could say that.
DEVENPORT
So you really have no idea whether
or not this latest disagreement
between them was simply going to
"blow over" as well.
JONES
Objection—the witness can't read
Brooke McQueen's mind OR predict
the future.
DEVENPORT
Withdrawn. Nothing further, Your
Honor.
Devenport turns and sits down.
JUDGE HOLMES
Redirect, Ms. Jones?
JONES
(standing)
Yes, Your Honor.
(to Sam)
Ms. McPherson, do you know what
precipitated the argument between
Ms. McQueen and the defendant?
SAM
Nicole tried to come between me
and Brooke. She told me that
Brooke planned to do whatever it
took to get Harrison. I
confronted Brooke about it, and
when she found out what Nicole had
said, she was furious.
While Sam is talking, Nicole leans over and whispers in
Devenport's ear.
JONES
And that's when she argued with
the defendant?
SAM
Yes.
JONES
That's all. Thank you.
Jones sits back down.
JUDGE HOLMES
Mr. Devenport?
Devenport turns away from his whispered conversation with
Nicole.
DEVENPORT
(rising)
Thank you, Your Honor.
(to Sam)
Miss McPherson, we've already
established that both you and Miss
McQueen were romantically linked
to Mr. John. That's a fairly
recent development for both of
you, isn't it?
SAM
Since spring break.
DEVENPORT
And didn't there come a time
shortly after spring break when
both of you were angry with Mr.
John?
SAM
Yes...we found out that he'd
deceived us.
DEVENPORT
In other words, he neglected to
inform either of you about his
relationship with the other.
SAM
Yes.
DEVENPORT
And after you discovered this, you
and Miss McQueen decided to join
forces to enact revenge upon Mr.
John for deceiving you?
SAM
Yes.
DEVENPORT
And what form was this revenge to
take?
SAM
We...just wanted to hurt him. We
wanted him to feel as betrayed as
we did.
DEVENPORT
Specifically, isn't it true that,
as part of this revenge, you
enticed Mr. John into a formal
dinner date at an upscale
restaurant?
SAM
(quietly)
Yes.
DEVENPORT
And you intended to stand Mr. John
up, thus humiliating him, isn't
that right?
SAM
(reluctantly)
That was the plan.
DEVENPORT
And isn't it true, Miss McPherson,
that while pretending to go along
with that plan, Miss McQueen in
fact intended to go to Mr. John,
expose your scheme, and establish
her own relationship with him at
your expense?
SAM
Well...she...
DEVENPORT
Isn't it true that, after being
assured by you that you were going
to stand up Mr. John, Miss McQueen
did in fact show up at the
restaurant and attempt to do just
that?
SAM
But...
DEVENPORT
(pressing)
Isn't that what she did, Miss
McPherson?
SAM
(hanging her head)
Yes. That's what she did.
DEVENPORT
So when my client told you that
Miss McQueen would do anything
necessary to have Mr. John for
herself, she was simply warning
you that Miss McQueen would repeat
the behavior she had just
displayed a few days before!
SAM
(flustered)
No...that's different...
DEVENPORT
Isn't it entirely possible that,
rather than being furious that
Miss Julian was trying to "come
between" you and her, Miss McQueen
was simply annoyed at having her
plans for Mr. John revealed?
SAM
No! It wasn't true. Brooke and
I, we talked it all out. It was
all a vicious lie.
DEVENPORT
Really? You never had any reason
to believe Miss Julian?
SAM
(defiantly)
No.
DEVENPORT
Let me ask you, then—if you were
so sure that my client was lying
to you, why did you confront Miss
McQueen at all? Why didn't you
just shrug it off?
SAM
I...
DEVENPORT
Isn't is true that you confronted
Miss McQueen precisely because you
thought that there WAS a
possibility that Miss Julian's
warning was valid? That Miss
McQueen was planning to repeat her
past behavior?
Sam looks away.
DEVENPORT (CONT'D)
Miss McPherson? Isn't it true
that's what you thought?
SAM
All right! I was stupid, okay? I
thought maybe—
DEVENPORT
You thought maybe Miss Julian was
right after all.
(to the judge)
Nothing further, Your Honor.
Sam looks miserable as she climbs down from the witness stand.
Mike tries to flag her down as she passes, but she just shrugs
him off and walks out the courtroom doors. He gets up and goes
out after her.
JUDGE HOLMES
Ms. Jones?
JONES
Your Honor, the People would like
to add a name to our witness list.
JUDGE HOLMES
(beckoning)
Counsel, approach.
Jones and Devenport step up to the bench.
JONES
The People want to add Harrison
John as a character witness.
DEVENPORT
A character witness for what?
JONES
Defense opened the door to the
defendant's past behavior, Your
Honor.
JUDGE HOLMES
That you did, Mr. Devenport. So
ordered.
DEVENPORT
In that case, Your Honor, I'd like
a recess until tomorrow morning to
prepare.
The judge nods and waves them back.
JUDGE HOLMES
(loudly)
This court is in recess until
tomorrow at nine a.m.!
He bangs his gavel, and everyone rises as he stands and walks
back to his chambers.
CUT TO:
INT. COURTROOM HALLWAY
Sam is sitting on a bench with her face buried in her hands
when Mike comes up to her.
MIKE
Hey.
SAM
I ruined everything in there. I
let Brooke down, I let you
down...
He sits down next to her.
MIKE
Sam...
SAM
(turning away)
How can you even look at me? You
must hate me now—
MIKE
Hey, hey...
He gently pries Sam's hands away from her face and turns her
head towards him.
MIKE (CONT'D)
I could never—ever—hate you.
SAM
But—
MIKE
Listen to me. You may be Jane's
daughter, but you are every bit as
much my little girl as Brooke is.
He pauses for a moment to gather his thoughts.
MIKE (CONT'D)
Look, I don't know if this is
exactly the right time, but...
He reaches into his jacket and pulls out a set of folded
papers.
MIKE (CONT'D)
I—I know you weren't exactly...
thrilled...with this idea the last
time, but— After coming so close
to losing Brooke, I...I just—
He hands the papers to Sam, who unfolds them. As she reads,
she gasps and her hand flies to her mouth. She looks up him,
eyes brimming.
MIKE (CONT'D)
I mean, only if you want. I'm—I'm
not trying to pressure you into
anything...
In response, she throws her arms around his neck.
MIKE (CONT'D)
(hopefully)
Does...that mean yes?
Still unable to speak, she finally manages to nod happily.
Mike lets out his own breath and holds her tight.
MIKE (CONT'D)
Oh, honey...
He stands up, pulling her to her feet.
MIKE (CONT'D)
Come on, let's go visit Brooke. I
haven't seen her since this
morning.
They walk off down the hall, with Mike's arm tightly around
Sam shoulder.
FADE OUT.
END OF ACT THREE