· · ·
turning to page one
turning to page one
Will stands before JUDGE MALONE (40) being arraigned. It is fairly unceremoniuous, the coutroom nearly empty, save Will and the PROSECUTOR. Lambeau walks in from the back.
WILL
There is a lengthy legal precedent,
Your Honor, going back to 1789, whereby
a defendent may claim self-defense
against an agent of the government
where the act is shown to be a defense
against tyranny, a defense of liberty--
The Judge interrupts to address the prosecutor.
JUDGE MALONE
Mr. Simmons, Officer McNeely who signed
the complaint isn't in my courtroom.
Why is that?
PROSECUTOR
He's in the hospital with a broken
knee, Your Honor. But I have
depositions from the other officers.
WILL
Henry Ward Beecher proclaimed, in his
Proverbs From Plymouth Pulpit back in
1887, that "Every American citizen is
by birth, a sworn officer of the state.
Every man is a policeman." As for the
other officers, even William Congrave
said; "he that first cries out 'stop
thief' is 'oft he that has stolen the
treasure."
PROSECUTOR
Your Honor--
Will cranks it up.
WILL
(to Prosecutor)
I am afforded the right to speak in my
own defense by our constitution, Sir.
The same document which guarantees my
right to liberty. "Liberty," in case
you've forgotten, is "the soul's right
to breathe, and when it cannot take a
long breath laws are girded too tight.
Without liberty, man is a syncope."
(beat, to Judge)
Ibid. Your Honor.
PROSECUTOR
Man is a what?
WILL
Julius Caesar proclaimed-- Though he
be wounded--"Magna..."
The Judge interrupts.
JUDGE MALONE
Son,
(a beat)
My turn.
The Judge opens Will's CASE HISTORY.
JUDGE MALONE (cont'd)
(reading)
June, '93, assault, Sept. '93
assault...Grand theft auto February
'94.
A beat, the Judge takes particular notice.
JUDGE MALONE (cont'd)
Where, appearantly, you defended yourself
and had the case thrown out by citing
"free property rights of horse and
carriage" from 1798...
Lambeau has to smile, impressed. The Judge shakes his head.
JUDGE MALONE (cont'd)
March, '94 public drunkenness, public
nudity, assault. 10/94 mayhem.
November '94, assault. Jan. '95
impersonating a police officer, mayhem,
theft, resisting-- overturned--
The Judge takes a beat. Gives Will a look.
JUDGE MALONE (cont'd)
You're in my courtroom, now and I am
aware of your priors.
(beat)
I'm also aware that you're an orphan.
You've been through several foster
homes. The state removed you from
three because of serious physical abuse.
The Judge holds a look to Will, who looks down.
JUDGE MALONE (cont'd)
Another Judge might care. You hit a
cop, you go in.
(beat)
Motion to dismiss denied.
The Bailiff goes to remove Will from the courtroom.
JUDGE MALONE (cont'd)
Keep workin' on your arguments, son.
A word of advice for trial; speak English.
As Will is removed from the courtroom, Lambeau approaches Judge Malone who is stepping down from the bench.
LAMBEAU
Excuse me, your Honor.
(offers hand)
Gerald Lambeau.
An awkward beat. Lambeau waits for some sign of recognition.
LAMBEAU (cont'd)
I'm a professor at M.I.T.
(beat)
Combunatorial Mathematics.
The Judge offers only a blank look.
JUDGE MALONE
Oh. Pleased to meet you.
LAMBEAU
Do you have a minute?
CUT TO: