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Judges

Now showing -- July 4, 2003

  Episode Five

Copyright 1996, 2003 Dan Sewell Ward

FADE IN:

INT:  DENVER FEDERAL COURTHOUSE, MAIN COURTROOM -- MID MORNING

Sophing is delivering his summation to the jury.  The jurors all looked faintly bored, and the courtroom in general is calm.  Everything seems to be going according to script.

SOPHING

I beg of you as jurors to put aside all of the emotions, to disregard the dramatic and theatrical show of the District Attorney’s attempts to dazzle you, to look instead at the evidence, and never stray from your sense of justice, of right and wrong, or what really matters.

Sophing stops for a moment, the hand holding papers slowly lowered to his side.  He turns momentarily and looks to where the defendants and Lisa are sitting.  Then he looks at Howell.  Turning back to the jury, he takes a slow, deep breath.

SOPHING

I urge you further to also consider in your deliberations, all of the possibilities.  Including those not specifically presented to you thus far -- which for various legal reasons have not been part of this trial.

The faint smiles on Howell and Mayor’s face are suddenly replaced by expressions of concern.  Lisa makes momentary eye contact with Sophing, and he briefly smiles.

SOPHING

As members of the jury, you have the absolute right to acquit, no matter the law. You have, in fact, a right, a responsibility to judge the law.  You have a right to seek all the evidence, not just that arbitrarily allowed by this court, to seek all information that might aid you in administering justice.

The court erupts in bedlam.  Howell and the judge both come out of their seats.

HOWELL

Objection!  Not in evidence!

 

STARLING

Mr. Sophing!

Sophing ignores the judge and prosecutor and continues to talk to the jury.

SOPHING

The Defendant’s experiments, on the basis of any law of science, could not account for the explosion.  It is clear that the explosion was intended by other vested interests to prevent the success of valuable research and discredit via misinformation and deceit the legitimate research efforts of my clients.

 

STARLING

Order in the court!  Objection sustained.  Mr. Sophing!  In my chambers!  Now!

 

SOPHING

I don’t think so.

Starling, now standing, suddenly hesitates as he looks at Sophing.  Howell had already started for the judge’s chambers as well, and is now caught in mid-stride.  Sophing is staring confidently at the judge.

SOPHING

This is a matter for an open court.  The jury must be apprised of its right to acquit and ignore any law it thinks unjust.  Including the court’s arbitrary and capricious restrictions on the evidence thus presented.

Starling glowers at Sophing, before turning to the Bailiff.

STARLING

Bailiff!  The jury will retire.  Now.

The Bailiff moves quickly as Starling and Sophing stare at each other, with Howell watching Sophing with anger and disbelief.  The jurors quickly move to leave the room, with only Lola oblivious to the ramifications.

LOLA

Are we finished?

The jury files out, without another word being spoken in the courtroom.

 

INT:  DENVER FEDERAL COURTHOUSE, MAIN COURTROOM -- AFTERNOON

Starling, as the modern day judge, is talking directly to the jury.

STARLING

Any so-called “alternative theory” is not admissible in evidence, and must not be considered in your deliberations.  You must forget and totally ignore the defense attorney’s unfortunate and highly irregular outburst.  You must restrict yourself to only those points of law, testimony, and evidence which have been presented in court.  Under no circumstances are you to consider any conflicting or alternative theories of other guilty parties might be. You are not here to judge any laws, but only to appraise the evidence 

            [FOLLOWING SCENES QUICKLY SEGUE INTO ONE ANOTHER]

 

INT:  SESSIONS HOUSE, MAIN COURTROOM -- 1670 LONDON, AFTERNOON

STARLING

You have heard the evidence presented here; you have heard Lieutenant Cook, Constable Reed, and Constable Whiting testify to the great, disturbing tumult in Gracechurch Street, and that Penn was speaking there in great agitation, waving his arms about and inciting them against the king, his peace and his dignity.  You have heard Captain Mead was there, yet not stopping that prating fellow.  The evidence is very clear that they did disrupt the king’s peace.  They would not yet be stopped, if they were not removed, but would go into the night.

INT:  DENVER FEDERAL COURTHOUSE, MAIN COURTROOM -- AFTERNOON

STARLING

The severity of the crime for which the defendants are charged, demands of you as jurors to endeavor to use your most discriminating and conscientious judgment. The question of guilt or innocence of the defendants is critically important in dealing with the threat posed against everyone in society.  Only by virtue of a clear, definitive verdict can Law and Order in this country be upheld.

INT:  SESSIONS HOUSE, MAIN COURTROOM -- 1670 LONDON, AFTERNOON

STARLING

The defendants took no notice of their actions, caring nothing for the dangers and inconveniences caused by their silly ranting and mad raving.  For what do they care of the threat to your health, as long as they can continue their silly canting? They are clearly guilty of contempt, and by a guilty verdict, the defendants will be convicted, and justifiably confined to prison.  This is essential for the public welfare, to protect the citizenry from dangerous agitators, to ensure the honor of the Crown of England.

INT:  DENVER FEDERAL COURTHOUSE, MAIN COURTROOM -- AFTERNOON

STARLING

You, the jurors, have in many respects the responsibility for the defense of liberty, by ensuring, to the very best of your ability, that the guilty are punished, that the victims of crimes receive restitution, and that the innocent are exonerated.

INT:  SESSIONS HOUSE, MAIN COURTROOM -- 1670 LONDON, AFTERNOON

STARLING

Therefore go to the jury room and agree quickly to bring in guilty that we may be done with this tiresome matter and that you as jurors will find relief in food and drink.  Bailiffs, take the jurors up.

INT:  DENVER FEDERAL COURTHOUSE, MAIN COURTROOM -- AFTERNOON

STARLING

Clearly, you make take sufficient time in your deliberations, but if necessary, I will require you to deliberate this weekend.  You will begin tomorrow morning.

[END OF QUICK-SEGUED SCENES]

 

INT:  SESSIONS HOUSE, JURY HOLDING ROOM -- 1670 LONDON

The jury holding room is a cramped, shell of a building, filled with the 12 jurors.  There are no facilities except two small chamber pots and a small table with rotting bread.  The jury members are lounging about, most sitting and leaning against a wall.  Jack and Edward are sitting next to each other, with Charlie nearby.  Charlie is winding a small piece of leather around his fingers.  Then he surveys the surrounding room.

CHARLIE

So what exactly was it that we did to deserve this royal treatment?

 

JACK

Wrong place, wrong time, I suppose.

 

EDWARD

Or just the opposite. 

 

CHARLIE

What do you mean?

 

EDWARD

Perhaps we’re in the right place at rather precisely the right time.  Again.

 

JACK

I think you’ve lost us.

 

EDWARD

Ever hear of Horatio and the defense of Rome?

 

JACK

Yeah, but I don’t remember any details.  Too busy trying to make a living.

 

EDWARD

It’s a fascinating tale.  Happened in the late sixth century B.C. 

 

FLASHBACK:  EXT:  AREA SURROUNDING THE SUBLICAN BRIDGE, ROME

Etruscan soldiers, carrying small round parrying shields with a spike in the middle on one arm, and their short swords at the ready in the other hand, swarm over a hill.  Fires and devastation lay in their wake, while overturned carts and scrambling citizenry run before them.  A small, clearly outnumbered group of Romans soldiers have meanwhile congregated near the Sublican Bridge, where they seem to be conferring.

EDWARD (voice over)

A hostile group of Etruscan soldiers were approaching the Tiber River and thence the Sublican Bridge which led to the heart of Rome.  Behind the advancing phalanx were Lars Porsena and the entire Etruscan army.  Once the Etruscans crossed the bridge, Rome would be theirs.

Three Romans (in the persons of Edward, Jack and Charlie) detach themselves from the others, and move toward the center of the bridge.  A fourth Roman (John Hammond) steps up with an axe and begins hacking at the bridge supports.

EDWARD (voice over)

The Romans needed time to cut down the bridge.  Unless the Etruscans could be stopped before they crossed it, Rome was lost. They needed volunteers.

Etruscan soldiers approach the bridge as rapidly as they can, but the narrow bridge will only allow two or three men to cross abreast at one time.  They nevertheless launch themselves at the three Roman soldiers on the bridge, and the fighting ensues.  As one after the other Etruscan falters and/or falls, the three Romans take on the next one in line.  Horatio (Edward) leads the other two as they parry and switch positions.  Both Jack and Charlie receive serious wounds, but continue to fight.  Then the Etruscans who have not fallen off the bridge after being wounded or killed, begin to pile up.

HORATIO (EDWARD0

Leap into the Tiber and swim to safety!

Charlie, the Roman Soldier, takes one last slash at an Etruscan (sending him reeling off the bridge), and then turns and leaps feet first into the river in the direction of the Roman at the riverbank.  Jack hesitates, and slashes another Etruscan.

HORATIO

Now!

Jack turns, and leaps from the bridge.  Horatio continues to fight, the Etruscans stumbling over themselves to get to him.  John Hammond continues to hack away at the bridge, until suddenly it shudders and starts to give way to the river’s current.  Horatio and the other Etruscans are thrown into river, as the bridge collapses.  John Hammond, sweating heavily, looks up to see Charlie and Jack making their way to shore, with Roman Soldiers rushing to greet them.  Then he sees Horatio making his way to shore as well.  The Etruscans, still above water, are swimming to the other side.

 

INT: SESSIONS HOUSE, JURY HOLDING ROOM -- 1670 LONDON

EDWARD

One man, single-handedly, had for a time, stopped the entire Etruscan army dead in its tracks.  He had stopped the onslaught, had kept the attackers at bay.

Edward looks at the intense, curious and smiling expressions of Jack and Charlie.  Then he looks over at John Hammond, who has been covertly listening to the story and leaning in their direction, his ears pricked.  Edward smiles at John, and then at the other two men still looking mesmerized.

EDWARD

Initially, it took three volunteers to hold the bridge against the siege.  And one strong man to chop it down.

Jack, a slight smiles creeping onto his face, takes a long appraising look at Edward.

 

INT: DENVER FEDERAL COURTHOUSE, JURY ROOM -- MORNING

The jurors file into the jury deliberation room, and begin to take their chairs.  The door is closed by the Bailiff, who locks it with an audible click -- one that Jack takes notice of.

JACK

No matter how many times I hear that, I never quite get used to it.  It sounds so final.

 

LIN SUE

Maybe it’s for our protection.

 

BRIGHTMAN

Just as long as we don’t have to go past the demonstrators again.  Man, they make me nervous.

 

CHARLIE

You mean, running the gauntlet of public opinion again?

Several of the jurors grimly smile as they glance around at each other, and then turn to Veer, where he stands ram-rod straight at the head of the table.

VEER

I think it might facilitate things if we took an initial vote, sort of get the layout of the land.  We might be able to save a lot of time.

Several jurors seem agreeable, and no one specifically objects.

VEER

Fine.  Then could we see the hands of those of believe they are ready to render a guilty verdict.

Veer holds his hand up, as Brightman, Henley and then Lola quickly follow suit.  Duke also raises his hand, but then quickly looks at Edward, Jack and Charlie, who are sitting very still and stoically watching the proceedings. 

 

EXT:  FLASHBACK:  SUBLICAN BRIDGE, ROME

Duke is watching Edward (Horatio), Jack and Charlie walk out on the bridge to defend against the Etruscans.

 

EXT: DENVER FEDERAL COURTHOUSE, JURY ROOM -- MORNING

Duke’s hand goes slowly down.  Veer, with a sober expression, looks at Duke.

VEER

Those of you who are voting not guilty?

Edward’s hand goes up immediately.  Jack and Charlie, each looking at each other and smiling, raise their hands as well.  Veer appear surprised, his eyes blinking.

VEER

All those undecided?

Lin Sue, Katrina, Thena, and Olivia then raise their hands.   Duke then joins them, a fact which Veer takes particular notice of.  Lola, bewildered, looks around the room.

LOLA

Weren’t we supposed to vote “guilty”?

 

VEER

No.  We’re each supposed to vote our conscience.

Lola looks confused, but says nothing.  Veer shrugs his shoulders, and sits down.

HENLEY

Oh, man.  There goes my Sunday golf!

 

EDWARD

All in a good cause.

 

HENLEY

Then why do they call this, “the jury retiring”?  Not my idea of retiring.  More like work, if you ask me.

The other jurors look at each other, some with surprise, some smiling slightly, others with curiosity, and some simply frustrated.

 

INT:  SESSIONS HOUSE, MAIN COURTROOM -- 1670 LONDON, AFTERNOON

The courtroom is filled, with only the justices absent.  The Clerk of the Court looks at his time piece and then at Lord Howell, who is visibly frowning.  Sophing leans forward toward Howell, gently tapping him on the back.

SOPHING

What’s wrong?  They’ve been gone for almost half an hour.

Howell shakes his head in disgust, as he turns back to SOPHING.

HOWELL

Not to worry.  There are occasionally those who don’t initially understand their duty.

 

INT:  SESSIONS HOUSE, MAIN COURTROOM --1670 LONDON, FOLLOWING

The clerk again consults his time piece, and then goes over to where Lord Howell is sitting, the latter now in a controlled anger.  The Clerk is about to confer with Howell, when Starling’s voice is heard from the open door to his chambers.

STARLING

What!?  What do you mean, they haven’t  returned?  Then see that they do!

The Bailiff scurries from the doorway, across the room, and out the door to the jury room.  Howell smiles slightly and glances back at Sophing.  The latter smiles and sits back in his seat, his confidence returning.

 

EXT: DENVER FEDERAL COURTHOUSE, JURY ROOM -- MORNING

VEER

I had assumed we were of the same mind.

 

CHARLIE

Which is?

 

VEER

Simply put: a guilty verdict.

 

CHARLIE

Gee, I hope you’re not too disappointed.

 

LIN SUE

Are you thinking they’re not guilty, or do you just need more time for consideration?

 

CHARLIE

I’m trying to find the crime they committed.

 

VEER

What in the world does that mean?  They admitted on the stand they broke the law -- they failed to obtain a licenses from the Secretary of Transportation, no liability insurance...  They flat broke the law!  That’s not even an issue.

 

EDWARD

It is if we disagree with the laws.

 

VEER

Are you kidding?  The judge was very clear about this.  Our job, our only job, is to find the defendants guilty or not guilty. We don’t make law here in the jury room.

 

EDWARD

On the contrary, that’s exactly what juries are for.  The founding fathers, Jefferson, Adams, Franklin, and all the others; they gave us a Republic, not a democracy.  And in a Republic, any jury can acquit anyone of any so-called crime if the jury thinks the law is wrong. This is what makes us a Republic:  It’s called jury nullification.

 

VEER

Are you a lawyer?

 

EDWARD

I am not an attorney, or licensed before the bar. I don’t have to be.  But I know the law. I believe in the Republic, in the Constitution for the United States.  I’m a citizen with responsibilities.

 

VEER

And you’re telling us that as a jury we can decide which laws to enforce and which ones to ignore.

 

EDWARD

You’ve got it exactly.

 

VEER

You’re crazy as a loon.

 

EDWARD

No.  Just an independent individual who believes in Liberty, and who will not submit to a tyrannical majority rule.

 

VEER

This is total madness.

 

CHARLIE

Maybe so, but it does have a lot of appeal.

 

INT:  SESSIONS HOUSE, MAIN COURTROOM --1670 LONDON, FOLLOWING

Starling comes stomping into the courtroom, followed by the other justices, as the courtroom hurries to stand up.  The Bailiff is standing nervously before the bench.  The jury box has eight members sitting on the hard benches.  The eight who are present include: Veer, Plumstead, Hammond, Michel, Damask, Edward, Jack, and Charles.  Missing are Henley, Walklet, Brightman, and Leaver.  The judge does a quick count of the jurors, and quickly angers.

STARLING

This is only eight!  Where are the others?

 

BAILIFF

They have asked to be excused, your honor.

 

STARLING

The bailiff will draw forth the other four!

The Bailiff scurries to carry out his orders, as the Mayor then looks at the eight jurors.  All, except Edward, are stoic and vaguely nervous.  Within seconds the other four come into the courtroom.  Henley is trembling, Walklet ashen white in complexion, Brightman sweating profusely, and Leaver almost crying. 

STARLING

I will now have your verdict.

Veer very slowly stands, as he tries to clear his throat.  Then he straightens slightly.

VEER

We have no verdict, your honor.

Starling and the other justices are incredulous, while the courtroom is hushed.

ROBINSON

What!?  This is ridiculous.

Starling takes a moment to study the jury.

STARLING

No verdict?  Does this jury intend to defy the authority of the King, of Parliament, of this venal court?

 

HOWELL

Your honor, there can be no convictions without the jury acceding.

 

STARLING

I know that!  Sit down!  This jury will return to deliberations.  I will give you one half hour before you feel the fury of this Court’s wrath!

Starling rises in a huff and exits, the other justices quickly following.  The Bailiff is already herding the jurors toward their exit.

 

INT:  DENVER FEDERAL COURTHOUSE, JURY ROOM -- AFTERNOON

OLIVIA

But even assuming we don’t have to find the defendants guilty on the basis of their having broken some law we don’t agree with, we still have to make a decision as to whether or not their work resulted in the death of all those people

 

BRIGHTMAN

Good point!  What about the video tapes?

 

KATRINA

Which may include sections of older tapes spliced into this one for effect.  Remember what Henry Michel said.

 

BRIGHTMAN

But Henry’s not here.

 

JACK

Have you stopped to ask yourself, why?

 

VEER

Let’s stay focused, shall we?  Katrina has asked a question concerning the videos

Charlie turns to address Veer directly.

CHARLIE

The relevant point is that video tapes and photos can be made to show anything.  The only thing that counts is the credibility of the photographers, the processors, and anyone else who contributes to what we’ve just seen.

 

LIN SUE

Not completely.  If Katrina is right, then the videos may show us something that the prosecution probably did not intend.  If they were made up to appear...

 

BRIGHTMAN

We’re not starting that conspiracy discussion again, are we?

 

DUKE

You don’t think the possibility of this whole disaster being intentionally done for some anal-retentive reason by the military or NASA or whoever is significant?

 

VEER

Excuse me, folks!  The judge has made it abundantly clear that we are not to discuss any alternative theories.

 

LIN SUE

It was brought up in court.

 

VEER

Illegally.  The judge overruled it, and struck it from the record.

 

JACK

Are you a lawyer, Veer?

 

LIN SUE

Does he have to be?

 

JACK

I’m simply saying that we have the responsibility to consider all of the evidence -- not just what the judge deems is relevant or not.  We even have to consider the possibility that the entire thing was caused by UFOs, alien batting practice, or whatever.  We may want to dismiss some of the latter ideas, but we still have to use our own discernment.

 

VEER

That’s a direct violation of the judge’s orders.  And in case you haven’t noticed, people who ignore rulings from the bench tend to find themselves in very hot water.

 

KATRINA

But isn’t justice the key.  Not blindly following the letter of the law?

 

VEER

The key is to do what you’re told!

 

EDWARD

Actually, the issue is jury nullification. 

 

VEER

Not that crap again!

The room gets quiet while several look at Edward, as he casually looks back at each of them in turn.  Then Duke leans forward.

DUKE

Are you suggesting we return a “not guilty” verdict?  That’s a lot different from being undecided.

 

EDWARD

No.  I am suggesting we have the legal right and responsibility, if necessary, to ignore Court ordered directives in our attempt to uphold justice.

 

HENLEY

Hold on a minute!  This is getting entirely out of hand.  Are you seriously suggesting returning a not guilty verdict?  Do you want to go outside to that crowd and tell them you’re letting the accused go free?

 

EDWARD

I’m saying we’re here to uphold justice.  Everything else is irrelevant.

 

HENLEY

An angry mob is irrelevant?

 

VEER

I think you’re naive in the extreme. 

Veer stares at Edward, while Charlie glances back and forth between the two.

CHARLIE

I’d like to take a ballot.

 

VEER

Not at this point.

 

DUKE

Says who?

 

VEER

You’re right, of course.  Everyone in favor of guilty, raise your right hand.

Veer keeps his hand up and is joined by Henley, Lola, Walklet, Brightman, and Olivia.

VEER

Those for not guilty.

Edward, Thena, Jack, Lin Sue, and Charlie raise their hands.  Duke, looking at Edward, Charlie, and Jack, smiles slightly, and raises his hand.  Several turn to Katrina, who then slowly raises her hand.  There is a heavy sigh in the room.

VEER

Six to six.

 

HENLEY

Oh brother!  A hung jury!

 

VEER

Not yet it isn’t.  Not on my watch!  Time to review everything!

 

CHARLIE

What exactly is the point of that?

 

VEER

You people don’t get it.  We can’t choose which laws we’ll follow.

 

EDWARD

But we can choose the laws we allow to remain on the books.  In fact, that’s our job!

 

VEER

Our job is to obey the rules!

 

EDWARD

Thomas Jefferson once said, “I consider trial by jury as the only anchor yet imagined by man by which a government can be held to the principles of its constitution.”  John Adams said with respect to a juror, “It is not only his right, but his duty... to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.”  Others have said, “Trial by jury is trial by the people.  When juries are not allowed to judge law, it becomes trial by government.”  Another said: “If a juror accepts as the law that which the judge states, then that juror has accepted the exercise of absolute authority of a governmental employee and has surrendered a power and right that once was the citizen’s safeguard of liberty.”

 

VEER

You can quote to your heart’s content, but that doesn’t mean anything to us! Do you people have any idea what happens to those who go up against the grain.  I’ve been there!

 

LIN SUE

What do you mean?

 

VEER

A couple of years ago in some small town here in Colorado, there was a marijuana trial.  One of the jurors, some gal named Laura Kriho, and who had once smoked marijuana herself, got it into her head that smoking marijuana was no big deal and voted for acquittal.  The jury ended up hung, but then the prosecution went after her.  They made all sorts of accusations against Kriho, things about lying on her juror’s form, that she held a prejudice against drug cases, but hadn’t told the court when she was being questioned for jury duty.
 

CHARLIE

Had she lied?

 

VEER

Who cares?  They can still charge you with a crime and make your life hell while you try to defend yourself. 

 

EDWARD

But had she done anything to disqualify her for jury duty?

 

VEER

No.  The judge even said of Kriho that she had “the power but not the right to disregard the law.  That is not the case here in Colorado.”  Whereupon the prosecution promptly guaranteed in court that her punishment would be no more than six months.  This prevented Kriho from asking for a jury trial and thus getting herself acquitted in the same way she had acquitted the original defendants.  It was a done deal.  And sure as hell, she got six months in jail.

 

EDWARD

Anyone know the fate of the signers of the Declaration of Independence?  Not just the ones who showed up on our various dollar bills.  But the majority of the signers who lost their fortunes, their families, were killed or seriously wounded in the war.  Can we do less than they did for us?

 

VEER

You really do have a death wish, don’t you?

 

EDWARD

What sort of wish do you have, Michael?

 

INT:  SESSIONS HOUSE, MAIN COURTROOM -- 1670 LONDON, LATE AFTERNOON

Starling is glowering at the jury, as the foreman takes his seat again.  Despite the rough benches and their bedraggled appearance, some of the jurors are sitting up straight -- even as some look like death warmed over.

STARLING

Your refusal to honor this Court’s instructions, your procrastination to deliver a verdict, your direct affront to the Crown of England, will not be tolerated.  Bailiff!  You will lock the jury in their room until they see reason.  There will be no food, no water, not so much as even a chamberpot!  Then we will see who makes law in this Court!

 

HOWELL

Your honor, with all due respect and honor, may I remind you:  There are basic...

 

STARLING

Yes, yes, I’m well aware of such things.  As a concession to Lord Howell’s conscience, I will convene this Court again tomorrow morning, on a Sunday.  In the interests of the health of the jurors.  Take then away!

Starling rises abruptly and exits the court, followed by the justices.  The jurors slowly rise and begin to file out under the leadership of the Bailiff.

 

INT:  DENVER FEDERAL COURTHOUSE, JURY ROOM -- LATER

KATRINA

As some of you know, I am something of a NASA reject.  I am also aware of the science that Matson was basing his theories on.  They may be valid. 

 

JACK

If that’s the case, then NASA being an agency of the Department of Defense may very well have decided that Pence and Matson were skirting about Top Secret matters, and that…

 

VEER

Are you kidding me?  Some off-the-wall conspiracy theory involving the federal government?

 

CHARLIE

The federal government is a conspiracy.  By definition.  Everyone knows that.  It’s the old saying: “I love my country, but I fear my government.”

 

EDWARD

One of the things that should concern us is the wholly inadequate defense.  If the defense attorney had not spoken about jury rights in his summation, I would have thought him to be bought and paid for by the prosecution.

 

CHARLIE

I picked up on that too.

 

LIN SUE

You’re telling us that this whole court case is one big conspiracy?

 

CHARLIE

Why not?  They’ve got an angry mob out there.  They’re politicians.  They wouldn’t think twice about throwing some kids to the wolves.

 

KATRINA

But does that include being the people who killed all those people?

 

EDWARD

That is something we don’t know.  In fact, it’s something we will never know.

 

VEER

That’s enough!  This is total madness!

 

CHARLIE

You got that right.  But I suspect you’re talking about the jailers instead of the detainees.

 

EDWARD

There was an inadequate defense, the judge summarily dismissed any and all theories of anyone else possibly being responsible for the crime, and there was a total lack of evidence which showed the experiment could have caused the explosions.

 

KATRINA

There is also the “burden of proof beyond a reasonable doubt.”

 

INT:  SEQUESTERED HOTEL (DENVER) -- EVENING

The jurors are all lounging about the mini-lounge at the hotel.  There is initially no conversation, as all seem faintly distant from each other.  Everyone looks exhausted, several of them with their hands over their eyes.  Brightman begins looking around at each other person, and then with a slight smile, sits up and leans forward.

BRIGHTMAN

Ever since I was a boy, my hero has always been George Washington.  I was named after him, you know.  My middle name.

 

VEER

Really!

 

BRIGHTMAN

Oh, yes.  I consider it a great honor.  People respected him.  Still do.  Of course, most people think they know all about him.  But they really don’t.  Did any of you know he was “bullet-proof”?

 

DUKE

What are you talking about?

 

BRIGHTMAN

When George Washington was a young officer in the British Army, under a commander named Braddock, they were caught in an Indian ambush.  Washington had advised Braddock before the battle to use Indians as scouts, but the General had arrogantly refused.  As a consequence, the British suffered one of their bloodiest and most humiliating defeats.  But there was no disgrace for Washington.  His perception, fearlessness, and quick decisions in the heat of battle were praised in the strongest terms by his fellow officers and soldiers.

 

LIN SUE

What does that have to do with his being bullet-proof?

 

BRIGHTMAN

Later on, one of the Indian warriors, a leader in the battle, told others that he’d had a clean shot at Washington with his rifle no less than seventeen times, and had failed to bring him down.  Another Indian named Red Hawk later told the French he had personally shot eleven times at Washington, without killing or wounding him.  A third chief had ordered his braves to shoot Washington, and all of then failed.

VEER

And your point?

 

BRIGHTMAN

The Indians were all convinced that Washington was protected by The Great Spirit, that his destiny was guided by the heavens.  I think maybe we need some guidance right now for ourselves.

 

VEER

You may be right.

 

LIN SUE

The way things are going, maybe what we really need is to be bullet-proof ourselves.

 

LOLA

Oh, I don’t think I can be that.

 

VEER

But your point’s well taken, “George”.

 

BRIGHTMAN

There’s also the quote that “Where the spirit of the Lord is, there is liberty.”

 

DUKE

What’s that supposed to mean?

 

BRIGHTMAN

Within the spirit of the Lord there is truth.  That’s what we’re striving for, isn’t it?

 

CHARLIE

The truth, eh?  You mean as in Sophia, the goddess of wisdom?

 

BRIGHTMAN

No.

 

VEER

More like recovering from our fall.

 

LIN SUE

What are you talking about?

 

VEER

Lucifer’s Rebellion.

 

JACK

What?

 

VEER

The angels who followed Lucifer were duped by the Prince of Darkness.  They were misled, conned, deceived, or whatever you want to call it.  And they paid dearly for it.  Are paying for it, and they will continue to pay for it forever.

 

EDWARD

These angels you’re talking about, as well as those who didn’t choose to follow Lucifer -- they were all making their own choice, weren’t they?  Just as we’re making our choices.  It’s their, and our, God-given right to exercise our Free Will, to follow our conscience.  Without doing so, we have nothing.

 

VEER

But such choices also require knowing all of the facts.

 

EDWARD

Do you mean, for example, considering all of the possibilities?

[DURING VEER’S SPEECH, THE ACTION SHIFTS FROM THE HOTEL ROOM TO THE JURY ROOM THE FOLLOWING DAY -- COSTUMES CHANGE IN THE PROCESS.]

VEER

No.  Not at all!  The key is that we can’t know all of the facts.  We don’t have God’s omniscience in this matter.  We can’t presume to judge on whatever whim flits across our minds.  Has it occurred to anyone that the angels who followed Lucifer, may not have been exactly clued in by the Prince of Darkness as to what they were getting into when they descended with him?  Does it occur to you now, that unwary jurors might find that if they follow the wrong leader, what might happen?  I would suggest that anybody who chooses to go against the court, go against the law-enforcement authorities, go against the public welfare, society at large, and public opinion...

 

EDWARD

Public opinion?  You mean “mob rule”?

 

VEER

Call it whatever you like.  But when you make your choice against everyone else, when you ignore the consensus, when you ignore the victims and their families, well, you might want to think about that first.  You just might want to think again before joining Lucifer in his rebellion.

 

EDWARD

Do you know what the word, “Lucifer” means?  It means, “Light Bringer”.

 

VEER

And your point?

 

EDWARD

It means that the “fallen angels” all followed the Bringer of Light, not the Prince of Darkness.

 

VEER

Perhaps, we should take a vote on that.  All those in favor of bucking the system, who want to ignore the people out on the steps of this Courthouse, all those who want to acquit the defendants with a “not guilty” verdict.  Raise your hands.

At first there is no movement, as a comparatively calm Edward stares back at Veer.  Then he raises his hand.  Jack and Charlie follow suit, followed by Duke and Thena.  Katrina and Lin Sue are almost smiling as they raise their hands as well.  Olivia, looking pale and swallowing hard, slowly raises her hand.  Henley looks at Brightman, before raising his hand.  Brightman turns to look at Michael, whose expression has become one of amazement.  Then Brightman looks back at Edward, and slowly raises his hand, even as he coughs uncomfortably.  Veer turns beat red, as several of the others turn to Lola.  The woman’s eyes widen as she looks around at the raised hands.

LOLA

Oh!  Are we voting not guilty now?

Lola quickly raises her hand, while Veer glowers at the others, his arms pressing against the table before him.

VEER

This is madness!  Those bastards are guilty! 

 

JACK

Obviously, we don’t agree.  Or simply have  “reasonable doubt”.

 

VEER

Don’t you people get it?  If we acquit these two, then guess what?  No one will ever be convicted! No one punished. That’s reasonable doubt in itself!  In any subsequent trial of another accused, the jury has to figure the prosecution was wrong the first time, and therefore, their second attempt to try someone is even more likely to be wrong.  If we acquit Pence and Matson, it’s tantamount to never finding anyone guilty for the most heinous crime in history!  The guilty parties will never be brought to justice!  The victims, for God’s sake, will never be left in peace!

Everyone is momentarily hushed by Veer’s emotional appeal.  Lin Sue looks at Brightman and Henley, who suddenly seem unsure of themselves.

LIN SUE

In one of my journalism classes, I read about a poll taken in New York State.  Out of one hundred homicides, there were 20 indictments and 15 convictions.  There are a lot of victims not being left in peace.

 

JACK

That’s an incredible statistic.

 

CHARLIE

I don’t think we’re responsible for bringing people to justice.  We’re here to determine the guilt or innocence of two men.

 

VEER

I say they’re guilty.  I’ll hang this jury before I tell the judge those bastards are innocent!

 

INT:  SESSIONS HOUSE, MAIN COURTROOM -- 1670 LONDON, MORNING

Veer is standing as the Foreman.  The Clerk addresses him.

CLERK

How do you find for the defendant, William Penn?

 

VEER

Guilty of speaking in Gracechurch Street.

 

CLERK

For the defendant, William Mead?

 

VEER

Not guilty of the indictment.

 

STARLING

What!?
 

ROBINSON

There is no law against speaking!  The verdict means nothing.

 

CLERK

Is that all?

 

VEER

That is all I have in my commission.

 

STARLING

You have as good as said nothing!  I demand to know why this jury refuses to obey the directive of this Court!!!

Edward rises in the jury box and hesitates, waiting for the Lord Mayor to notice him.

EDWARD

This Court has no power in Magna Carta to dictate the jury's verdict.

 

STARLING

This Court has any power it chooses!  To disobey it is to bring disgrace upon the Court as well as upon yourselves!

 

EDWARD

We follow our consciences which is to bring honor to this Court, and we can do no other.  If this be not honor, then we charge this Court has no honor.

 

STARLING

Your insolence is beyond endurance.  It is the direct order of this Court that you bring in “guilty” against both prisoners.

 

EDWARD

No, my Lord.  This the jury will never do, for we will not betray our liberties.  We know our rights in Magna Carta.

 

STARLING

And those rights will starve you.

 

EDWARD

So it be, my Lord.  But on this point we will not equivocate.  We will never yield our rights as Englishmen.

The crowd suddenly goes wild, cheering and standing, waving their arms, and hugging one another.  In the bedlam, the Lord Mayor does nothing to quiet the crowd; instead staring at Edward and the other jurors.

STARLING

Bumbleheads!  Take them away!

 

INT:  DENVER FEDERAL COURTHOUSE, MAIN COURTROOM -- LATE MORNING

Edward is sitting at the juror’s table, leaning forward, as the others intently listen.

EDWARD

London’s Old Bailey had gone wild.  The spectators continued to cheer.  Never had an English Court of Law been so successfully put down.  Never had the entire government been so effectively overpowered by a handful of conscientious commoners – or, as the Lord Mayor described them: “Bumbleheads”.  That night the twelve spent a fitful time on the floor of the barren jury room.  They received only limited rations from the sympathetic public, who had been sending packages in through the windows until the soldiers drove them away.  The jury had acquitted because they believed every man and woman had a right to worship God according to their own conscience.  More importantly, they had defied the court in the interest of justice. They had determined among themselves to sit until death on that principle.  Yield now and their families and all of England would be enslaved.  No one but the jurors stood between religious liberty and thought control. 

Edward pauses as the others continue to look at him, including a stoical Veer.

EDWARD

We cannot accept the verdict of authorities for our decisions.  We must search for the truth, and in the end, if necessary, ignore the law, the courts, the media, even the crowds in favor of a lynching.  Just because a man is accused, it does not make him guilty.  And while acquitting a man may indeed make the real perpetrator less likely to be convicted, it is not a reason to convict an innocent man, or to capitulate to mind control.

 

INT:  SESSIONS HOUSE, MAIN COURTROOM -- 1670 LONDON, AFTERNOON

The jurors file in, looking bedraggled, aching, and filth-ridden.  The Mayor is scowling but silent.  The Clerk stands to address the Foreman, who has not yet sat down.  But seeing the Lord Mayor hold up his hand, the Clerk hesitates.

STARLING

Your verdict?

 

VEER

For the defendant Penn, guilty of speaking in Gracechurch Street.  For the defendant Mead, not guilty of the indictment.

 

STARLING

Bailiff, lock them up.  No food or contact with the outside.  This Court will convene tomorrow morning.

 

INT:  SESSIONS HOUSE, JURY ROOM -- 1670 LONDON, EVENING

The jurors are sitting and leaning against the walls.  All look exhausted.

CHARLIE

There is a higher law.

 

VOICE (yelled from the window)

God bless you!

 

SECOND VOICE

We will not forget what you’ve done!

 

JACK

I wish I could believe that.

 

INT:  JUROR’S BUS AS IT APPROACHES COURTHOUSE -- MORNING

Signs are everywhere, exhorting the jury to convict and execute the defendants.

DEMONSTRATOR # FOUR

What’s taking so long?  What are you doing?

 

DEMONSTRATOR # FIVE

Please!  We’re in pain.  Convict them.

 

DEMONSTRATOR # SIX

They killed my children!!  Kill them!

 

INT:  DENVER FEDERAL COURTHOUSE, JURY ROOM -- MORNING

The jurors are sitting, quietly handing ballots to Veer.  From an open window, the noise of the crowd can be heard.

CROWD

It’s time!  No more waiting.  They have to be punished!

Veer takes the ballots and begins looking at them one by one, placing them face up on the table into a single, neat pile.  As he finishes, Thena begins counting them, placing them into a second pile.  Setting the last ballot down, Veer gets up and walks to the door.  He knocks on it, and the Bailiff opens the door.

VEER

Tell the judge, we have a verdict.

 

INT:  SESSIONS HOUSE, MAIN COURTROOM -- 1670 LONDON, MORNING

The jurors are sitting on the benches, weakened, soaked with urine, and barely able to sit up straight.  The Lord Mayor enters, followed by the other two justices.  Everyone in the courtroom, save the jury rises.  The Mayor sits down, and looks at the Clerk.  The Clerk turns without a word and faces the jury.

CLERK

For the defendant, William Mead, how do you find?

Veer slowly gets to his feet and, barely able to stand, hesitates for several seconds.

VEER

Not guilty.

 

CLERK

For the defendant, William Penn, how do you find?

 

VEER

Not guilty.

There is dead silence in the courtroom.  Lord Howell looks to the judge, who is staring at the jury, his rage mounting.  Mayor looks at each juror individually, before speaking.

STARLING

Each juror will now stand in turn and take responsibility for this outrage.

Plumstead, juror #2 and sitting next to Veer, struggles to his feet.

PLUMSTEAD

Not guilty.

[THE SCENE SHIFTS BACK AND FORTH AS EACH JUROR STANDS AND DELIVERS HIS/HER VERDICT.]

OLIVIA [DENVER]

Not guilty.

 

DAMASK [LONDON]

Not guilty.

 

THENA [DENVER]

Not guilty.

 

DUKE [LONDON]

Not guilty.

 

LOLA [DENVER]

Not guilty.

 

BRIGHTMAN [LONDON]

Not guilty.

 

HENLEY [DENVER]

Not guilty.

 

KATRINA [DENVER]

Not guilty.

 

JACK [LONDON]

Not guilty.

 

LIN SUE [DENVER]

Not guilty.

 

CHARLIE [LONDON]

Not guilty.

 

INT:  SESSIONS HOUSE, MAIN COURTROOM -- 1670 LONDON, MORNING

EDWARD

Not guilty

The Lord Mayor’s expression is one of controlled anger. 

STARLING

So be it.  You have condemned yourself.  For going against the clear and manifest evidence, each Juror is hereby fined forty marks.

Several of the jurors blanch at the sum, and turn to look beseechingly at each other.  Edward looks more curious than concerned, as he stares back at the judge.

 

End of Episode Five 

 

                                               Episode Four -- Sanhedrin, et al

Forward to:

Episode Six -- Justice Denied

 

               

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