The third scene begins as Sherry is just getting home from the Cohens. It is later in the evening, the time of night when most people are getting ready for bed, especially if they have an 8:00 court date the next morning like she does. Walking into her apartment, it is dark and she does not turn the overhead light but, instead, walks over to her couch, turns on a side lamp to a dim setting, drops her bags from the day at her feet, and collapses onto the couch. Rolling over, she pulls her cell phone out of her purse and dials. While waiting for the person to pick up, she leans back and relaxes into the cushions of the couch. It is obvious, by the state of her apartment filled with many unpacked boxes, that she is not going to permanently settle in Newport.
Sherry: (As the person on the other end picks up the line, she begins to speak.) Hey you, sorry I'm calling later than I said I would, but I got talking to the Cohens. (The camera switches to the person she is talking to, Zach. He is laying in his bed in his apartment in San Francisco. As he begins to talk, he pauses the TV and concentrates on their conversation. The camera will switch back and forth between them as they talk.)
Zach: Hey, it's alright. I'm just glad that you weren't alone this evening. Did you have a good time today with Zoe?
Sherry: (She sighs.) It was just what I needed. When we were playing, just the two of us, I was finally able to relax and forget about the trial tomorrow. I don't know why I'm so nervous.
Zach: I think it's a normal reaction to be a little bit on edge if you're the main witness for the prosecution in a criminal case. (She laughs ruefully.)
Sherry: I just wish I had never put myself in a position where I would ever have to do this. (She pauses for a moment to collect her thoughts.) What if we loose; what if he gets away with it?
Zach: That's not going to happen.
Sherry: As much as I love your optimism, I have to face reality here, and the fact is that nothing is guaranteed; I have to face the cold hard facts, and they are that tomorrow I might testify against a very dangerous, connected man who, if he is not convicted, can come after me with everything he has.
Zach: But you won't be living there anymore, so he'll have to find you first.
Sherry: I'm a nurse; I work in public hospitals. It is very easy to track me down. Caleb was able to track me down and I hadn't even begun working yet.
Zach: Well, we'll worry about crossing that bridge if and when we come to it. I honestly believe that your case is strong enough, what with your testimony and that other woman, Marissa's Mom, what's her name….
Sherry: Julie.
Zach: I don't see how the guy could get off when you're both testifying against him.
Sherry: We'll see about Julie, whether or not she sticks to her word and tells the truth. She's not exactly the most trustworthy person, but that's enough about that. I have to sit and listen to this trial all day tomorrow and probably all week, so let's talk about something else. What did you do today?
Zach: (He chuckles.) Not much.
Sherry: Wow, now that's why a girl calls to talk to a guy.
Zach: I'm sorry. I'd just rather hear about your day than mine. I really didn't do much, just the usual.
Sherry: Alright, so what were you doing right when I called?
Zach: Watching TV. (She is silent while she waits for his to continue.) Some old game I had taped. (She still remains silent.) Fine, I was watching an old water polo match from high school. (Instantly, she starts laughing. At the sound of her voice, he smiles.)
Sherry: You do realize how lame that is?
Zach: (He laughs along with her.) Yeah, I know, but I was bored, it's summer, and late night TV sucks.
Sherry: You're forgiven, but I would recommend never letting my brothers ever find that tape.
Zach: Throwing it away tonight. (As she laughs at him, she rolls her eyes and stands up, gathering her bags in her arms and turning off the light before leaving the room to go to her bedroom. Once she enters, she drops the bags again and tries to change and get ready for bed while she talks, but it makes rustling noises.) What are you doing?
Sherry: Getting ready for bed, why?
Zach: (His voice sounds very interested.) You're getting ready for bed?
Sherry: You're so not funny. I'm tired, I'm grumpy, and my back is sore; we are definitely not having the conversation you're conjuring up right now in your over-active imagination tonight.
Zach: Why is your back sore?
Sherry: (Collapsing onto her bed still dressed, she sighs and closes her eyes while she talks.) Unlike someone else I know, I did not spend the whole day laying in bed watching myself play around with a bunch of hairless guys in Speedos; I was chasing around and towing around a four year old who has the energy level of Rachel Dratch.
Zach: (His voice sounds confused.) Who's that?
Sherry: (Moaning in frustration, she shakes her head.) Goodnight Zach. I'll call you tomorrow when I get back from the trial.
Zach: Wait, who's Rachel… (Before he can finish, he hears her giggling and then the dial tone as she has ended the call. Leaning back in bed, he un-pauses the game and continues watching it while Sherry just continues laying where she dropped, not even attempting to get up and change into her pajamas. The camera leaves them and goes to Seth and Summer as they are also getting ready for bed. Already changed into their pajamas, Seth is laying in bed reading comics while Summer finishes up in the bathroom. After a moment, she walks out and goes to sit down at her vanity. While brushing her hair, she speaks with Seth through her mirror.)
Summer: Cohen, what are you reading? (Her voice is just curious, lacking its normal animosity.)
Seth: Last week's comics, why?
Summer: Just curious. (He goes back to reading while she is watching him in the mirror. After about two seconds, she starts to speak again making him look up from his comic slightly exasperated, but knowing better, he does not say anything.) How's your comic coming along?
Seth: Not well. (He attempts to go back to reading, but she, once again, interrupts his concentration by talking.)
Summer: How come?
Seth: (Sighing, he lays the comic book down knowing that she's in the mood to talk and that nothing will deter her.) I don't know. I think I've lost my muse. It always seems to come easier to me when I'm feeling the angst.
Summer: And you only feel the angst when we're not getting along.
Seth: (He winks at her and shoots his fingers like a pistol.) Bingo.
Summer: (With her mouth open in shock and slight disgust, she stares at him.) Yeah, don't ever do that again….ever! (He blows at the imaginary smoke at the end of his finger and acts as if he puts it back in the holster looking apologetic.)
Seth: Right.
Summer: So, anyway back to the Atomic County Blues, if you really want me to, I'm sure I could get mad at you.
Seth: (He laughs.) No, thanks for the offer, but really, I'd rather not be able to write than have you mad at me. (He frowns as he thinks about his two options.) It's easier on my kidneys that way. (Summer just looks at him for a moment with a confused look on her face, brushes his comment off, and then continues.)
Summer: For instance, there's something very important coming up.
Seth: Yeah, I know, don't remind, we start back to school at the end of the month.
Summer: That's not what I'm talking about. (Seth looks puzzled as he thinks about what she is referring to.)
Seth: What are you talking about, Summer? There aren't any major holidays coming up until Halloween.
Summer: (She rolls her eyes.) That's a major holiday?
Seth: It's become one since Zoe was born and we've formed our little secret, silent contest as to who can come up with the best costume. (He starts to think about costume ideas.) I wonder if Marissa can sew….
Summer: (She gets up from her vanity and climbs into bed with him, but they remain on their own separate sides as they continue to talk. She picks up his comic and flips through it lazily just for something to do.) Why do you care if she can sew?
Seth: If she can sew, then I might be able to talk her into making me a homemade costume made to actually fit my body.
Summer: What, so you don't have to rent a kid's costume and just suffer with floods and ¾ length sleeves? (She snorts at her own humor while Seth just smirks at her.)
Seth: No, so it can be original.
Summer: Well, that was interesting and, you know, entertaining for all of two seconds, but back to what I want to talk about, there is still something coming up soon that you haven't mentioned.
Seth: (He adverts his eyes from her and slumps down into bed.) Summer, do we really have to do this right now. We both know how it will end. (His voice becomes extremely sarcastic.) I'll forget something really important in our relationship like the first time we shared a plate of chili cheese fries, and then you'll get mad, I'll be in the doghouse, and voila, angst and writing issues solved. (He rolls over and pulls the blankets over his head.) Great, now that that's covered, can we please go to sleep. (He reaches up and turns off his bedside lamp, but as soon as his light goes off, she reaches over and turns hers on.)
Summer: Sorry, Cohen, you're not getting out of this that easily, and it's not something as trivial as a shared plate of greasy food; this is important to me, and I thought it was important to you, too. (He doesn't reply. Angered, she reaches behind her back and pulls her pillow out and smacks him over the head with it making him flip over in bed and sit up to confront her.)
Seth: What the hell was that for!
Summer: One, it was for making fun of me earlier about the fries.
Seth: That was like two minutes ago; talk about a delayed reaction!
Summer: I'm tired; give me a break.
Seth: Good, you're tired and I'm tired, so let's both go to bed and forget this ridiculous argument. (He goes to lay back down, but Summer doesn't give me a chance as she grabs his pillow off of the bed and tosses it onto the floor on her side and starts talking.)
Summer: I'm not done yet! The pillow in the face was also for ignoring me. I'm serious here, Seth; there is something very important coming up that you're forgetting. (Her voice becomes saddened.) Maybe you don't care about it as much as I do.
Seth: (He is becoming extremely exasperated.) Summer, I have no idea what the hell you're talking about!
Summer: (His tone makes her forget about her grief and she becomes angry instead.) Actually, you're forgetting two things! You're grandfather's birthday is coming up soon, and… (Before she can say anything else, the light bulb goes off for Seth and he realizes what she was hinting at and what he was indeed forgetting, but he covers for himself.)
Seth: Ooooohhhhhh! We're talking about birthdays, too; I didn't know that. (Summer looks confused, but he just pushes on through so she can't say anything.) Well, in that case, your birthday is in a couple of weeks and boy do I have a big surprise in store for you!
Summer: (Her tone displays her disbelief in his statement.) You do?
Seth: (He screws his face up and scoffs at the idea that he would forget.) Of course, what do you take me for, an idiot. I know perfectly well that if I ever forgot your birthday you'd shave all the hair off of my body and make miniature wigs for Princess Sparkle!
Summer: (She thinks about what he said.) She would look good with brunette curls. (Seth shakes his head to show that he agrees with her.) And you swear that you didn't forget?
Seth: Of course. (He leans over and kisses her temple before pulling back and pouting.) Now can I please have my pillow back?
Summer: (She eyes him warily before reaching down and picking the pillow up. Before she hands it to him though, she stops and offers a threat.) It better be a good surprise, Cohen!
Seth: The best. (He holds his hand out for the pillow, and, finally, she relinquishes it.)
Summer: Night! (With a chipper countenance once again, she kisses his cheek goodnight and flops down into bed shutting her light off. As Seth slowly lays down as well, his face holds the look of sheer fear. The camera leaves them and goes to Hayley who is in Ryan and Marissa's room getting ready for bed. She is changed and shifting through the CD's Marissa has laying out on top of the CD player. As she is looking, there is a soft knock on the door.)
Hayley: Come in. (Marissa enters the room and sees what Hayley is doing.)
Marissa: Looking for something to block out Mike Tyson and her bitch? (Hayley laughs.)
Hayley: Something like that? Do they do that every night?
Marissa: I try to ignore it, because, in a very twisted and sick way, I think it's their foreplay. (Hayley giggles again while she continues to look through the CD's. Marissa walks over to her and sifts through the stacks until she finds what she's looking for and hands it to Hayley.) Try this. I made it a couple of weeks ago and have been hooked.
Hayley: (She looks at he blank CD and then back up at Marissa.) What is it?
Marissa: It's a bunch of my favorite songs from the 90's. Guess I was feeling nostalgic.
Hayley: Oh, the 90's. (Her voice becomes wistful.) Those were the good days….although I don't remember much about them. (The smile disappears from her face to be replaced by a look of confusion.) I did blow, Monica blew Bill, and Seth wanted blown. (Marissa starts laughing at her summary of a whole decade.) That about covers it. (Picking up the CD again, she shakes it as she puts it in.) Maybe this will help my memory.
Marissa: Well, while you're taking a trip down memory lane, do you care if I use the bathroom to get ready for bed?
Hayley: (She waves her towards it.) Take your time. I'm going to bed now.
Marissa: (Walking towards the bathroom door with her pajamas in hand, she turns back around and speaks over her shoulder.) Night Hayley.
Hayley: See you in the morning. (Taking the remote for the CD player, she settles down in the bed and goes to turn off the light when her phone rings. While she answers, the first song comes on, The Cranberries' "Zombie", but she has to turn it down really softly so that she can hear the person on the other line of the phone. The camera shows them both during the conversation.) Hey Dad. (As the camera pans to Caleb, he is walking through a long hallway in the upstairs of his house looking at picture after picture of Hayley and Kirsten from when they were children that adorn the walls.)
Caleb: Although I was hoping you were resting, I am glad you're awake. I wanted to talk to you about something important.
Hayley: (She laughs wryly.) My day was good, too, Dad.
Caleb: Sorry. What did you do today?
Hayley: Not much, just hung out basically. I don't have the energy I used to, but I did go to an obscure little art museum where they showcase modern paintings and sculptures. You know, you should really invest some of that molding money of yours into some young artists, give back to society, Dad.
Caleb: (His tone is dismissive which just makes her shake her head at his predictability.) Yeah, I'll think about that. I hope you weren't on your feet all day gallivanting through the city.
Hayley: I wasn't. After the museum, I came back to the apartment and saved Seth and Summer from burning the building down….they were trying to cook.
Caleb: Note to self, get them cooking lessons before they move in together without Marissa and Ryan. (Hayley laughs.)
Hayley: Boy, I can tell you've been hanging out with Sandy a lot. When did Caleb Nichol learn the meaning of sarcasm?
Caleb: (He blatantly ignores her comment just as she thought he would, making her chuckle softly again.) Have you rested at all today?
Hayley: (She sighs and rolls her eyes.) Yes. As soon as I showed Dumb and Dumber how to cook a frozen pizza, (Caleb snorts to hold in a laugh.) they forced me to sit down, put my feet up, and rest. Then we watched game shows all evening before Ryan and Marissa got back from work.
Caleb: Game shows?
Hayley: You know, Jeopardy, Lingo, Family Feud, Whammy…. (He doesn't say anything.) Never mind. It's too juvenile for you, got it.
Caleb: And after dinner?
Hayley: (Her tone is completely serious.) We sat around and talked, watched a movie, and then I went out and ran a few miles. I have to make sure that all this extra food Kiki has been forcing down my throat doesn't go to my ass.
Caleb: Hayley!
Hayley: (She groans in desperation.) I was joking. After the movie, I took a bath and got ready for bed.
Caleb: So you're trying to go to sleep now?
Hayley: Yep. (He doesn't say anything, and she can tell that he wanted to talk to her about something. Sighing, she asks.) So, what's up; why did you call?
Caleb: Well I wanted to see how you were, catch up.
Hayley: I saw you last night.
Caleb: I know, but….
Hayley: Dad, listen, I lived overseas for years and we barely spoke except for on holidays like Christmas. This is a little much right now. I need you to tone it down a few notches. It's great that you want to talk to me; I want to talk to you, too, but not everyday. I'm 31 years old. (The song changes in the background to Counting Crows' "Long December", and it perks Hayley's interest as she turns towards the CD player with a sad smile on her face.)
Caleb: You might be 31 years old, but your still my daughter, and I want you to tell me one more time how you think …. this happened.
Hayley: This Dad, this is called AIDS, and until you can say it, I don't think you're ready to talk about the details. I'm tired, you're pissing me off, and I'm hanging up. I'll call you next time, okay. (She doesn't wait for his response and shuts her phone off as she puts it back on the nightstand. Reaching for the remote, she turns the CD player back up and starts the song over again to listen to it carefully. Turning off the light, she settles down into the bed as the strains of the song wash over her, the words comfortingly familiar and reflective of her situation. Leaving her, the camera goes to Sandy and Kirsten. They are outside on the patio, all alone, the lights in the house turned off and everything is quiet. Sitting together just relaxing after a stressful day, they finally get a chance to talk.)
Kirsten: Are you going tomorrow to the trial?
Sandy: No. This is your Dad's show; I'm staying out of it. You?
Kirsten: Lucky me gets to hold down the fort this week as he's preoccupied with more personal matters.
Sandy: Oh, so back to head honcho for a few days?
Kirsten: It appears that way. I'm just going to take Zoe with me and hopefully keep her entertained with movies and toys.
Sandy: Maybe Summer, if she's not filming this week, would come up and spend some time with her.
Kirsten: We'll see. (They are quiet for a moment as each gather their thoughts.) Are you ever going to tell me what happened today, what your news is?
Sandy: You know, five hours ago I couldn't wait to tell you. I was so excited, but now….
Kirsten: But now what?
Sandy: I'm not sure what I want.
Kirsten: Why don't you fill me in and maybe I'll be able to help you sort through it.
Sandy: The DA announced he's retiring today, that he's not going to run for re-election.
Kirsten: And you're not sure you want to get used to another boss?
Sandy: Well, actually, I'm considering running to be the boss. (Her mouth falls open in shock as she just stares at him.)
Kirsten: What?
Sandy: All day long since I found out he was going to retire I couldn't get rid of the idea that if I ran for DA I wouldn't be someone's workhorse any longer; I'd be the driver with his own team of workhorses.
Kirsten: (Her voice sounds incredulous.) You can't be serious?
Sandy: (He starts to get defensive.) I never said it was a done deal. I just said I was considering it.
Kirsten: I didn't even think you liked working as an ADA. Being DA is just going to mean more hassle, a bigger work load, and more stress. Sure, hanging out down at the station during your free time is fun, and I get that you like to talk to the guys and steal their donuts and coffee, but Sandy this is a big decision.
Sandy: (He stands up and walks away from her going towards their bedroom.) I know it's a big decision! Did you ever think that's why I wanted to talk to you about it.
Kirsten: (She gets up and follows him.) This Sandy, walking away when I say something you don't like is not talking. (They both enter the room and she closes the door behind them.) Look, if this is really what you want, I'll support you. Hell, I'll get the Newport Group to back your campaign….(He looks up at her with skeptical eyes.) not that you'd ever accept our money, but I could offer, but, honey, I don't think you'd be happy doing it.
Sandy: What else am I going to do? I've tried the private sector; I got bored. I will never work for your Father again no matter how much he's mellowed; that was just not me. I loved the PD's office, but I've grown past that. I need a challenge.
Kirsten: Are you really getting it in the DA's office?
Sandy: (He collapses dejectedly onto the bed and sits there looking out in front of him at nothing in particular.) No, but maybe if I was the DA it would be different.
Kirsten: (She sits down beside him and takes his hand in hers.) It might be, but it might not be, and if you do this, if you win, you've got a four year long commitment unless you quit and you'd never do that.
Sandy: I know one thing, I can't stay where I'm at that much longer. Something has to change. (He shrugs his shoulders and laughs ruefully.) Maybe I just need a whole new career. How does Sandy Cohen, firefighter sound or Sandy Cohen, dentist sound?
Kirsten: I think you'd look pretty cute in a firefighter uniform. (This finally makes Sandy laugh good-naturedly as he takes her in his arms and squeezes her softly in a loving hug.) Come on, let's get changed and we'll talk about this some more….in bed. (He stands up and un-tucks his shirt as he watches her walk into their bathroom, following her.)
Sandy: Have I ever told you how much I like the way you think? (The last thing that can be heard from them is Kirsten's laughter as the camera pans away from them and goes back to the apartment where Ryan and Marissa are just lying down on the couch to go to sleep. He lays down first and then motions for her to lay down on top of him. Compiling, she sighs as he wraps his arms around her in an intimate and comforting gesture.)
Ryan: Are you okay? You seem tense?
Marissa: Just thinking.
Ryan: (He laughs softly.) Okay, about what?
Marissa: I don't know….life, this weekend, us.
Ryan: (Pausing for a moment to gather his thoughts, he finally speaks in a soft tone, sounding interested yet not pressing at the same time.) In general or about something specific?
Marissa: (Her voice is soft as she moves her eyes away from his and rests her head on his chest.) Something specific.
Ryan: Wow, we're not really in the sharing mood right now, are we?
Marissa: (Her voice sounds somewhat frustrated.) Ryan….
Ryan: Hey, I was just teasing. Take your time; it's okay.
Marissa: (Sounding as if she's about to break emotionally, her voice cracks.) It's not that I don't want to talk to you, I just want to make sure that what I say comes out right, that I don't mess this up.
Ryan: Marissa, what is it? You're really starting to worry me here.
Marissa: (She sits up some and looks him in the eyes again.) It's nothing really, I swear. There's just been something stupid bothering me, but I'll get over it. (He starts to protest, but she stops him by putting her finger gently on his lips.) It's not about you, you did nothing wrong. I'm mad at myself, and I just can't stop thinking about it. That's it.
Ryan: Will you make me a deal?
Marissa: We'll see. What is it?
Ryan: If this, whatever it is, is still bothering you this weekend, will you please tell me? It'll just be us in Vegas, no Seth, no Summer, no Hayley, no parents, and I want you to relax and have a good time. If this is still upsetting you, we'll be able to talk there with no one interrupting us. (She looks doubtful, as if she is not going to agree to what he is asking, but when he looks deeply into her eyes, practically pleading with her, she relents.) Please?
Marissa: (In barely a whisper, she answers.) Okay. (Settling down onto his chest once again, she goes to say goodnight but his voice stops her.)
Ryan: Hey. (Looking up at him, he's smiling at her.) Do I not get a goodnight kiss tonight? I know we're not alone, but I thought I could at least get a ….. (Before he can finish, her lips are gently on his, kissing him goodnight as the camera pulls away and the scene ends.)
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