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Verdict, The (1982)
by David Mamet.
Based on novel by Barry Reed. More info about this movie on
imdb.comINT. FIRST FUNERAL PARLOR - DAY
A working-class funeral in progress. THIRTY PEOPLE and an
inexpensive bier SEEN from the back of the hall.
ANGLE
A MAN's back FILLS the SCREEN. He is dressed in a black suit;
his hands are clasped behind him. ANOTHER MAN stands next to
him. The Second Man reaches behind the First Man's back and
puts a discreetly folded ten-dollar bill into his hands.
ANGLE
These Two Men from the front. Both somber, in their early
fifties. They begin to walk down the aisle of the funeral
parlor.
ANGLE
The WIDOW. A woman in her late fifties sitting by the bier
receiving condolences. The Two Men approach her. The First
Man (the recipient of the money) speaks:
FUNERAL DIRECTOR
Mrs. Dee, this is Frank Galvin --a
very good friend of ours, and a
very fine attorney.
GALVIN
It's a shame about your husband,
Mrs. Dee.
The Widow nods.
GALVIN
I knew him vaguely through the
Lodge. He was a wonderful man.
(shakes head in sympathy) It was
a crime what happened to him. A
crime. If there's anything that I
could do to help ...
GALVIN removes a business card from his jacket pocket and hands
it to her as if he were giving her money. (i.e., "Take it.
Really. I want you to have it ..." She takes the card. Beat.
GALVIN
(thoughtfully
realizes he is
usurping her time)
Well ...
He shakes her hand and moves on.
INT. COFFEE SHOP - DAY
Galvin sitting in the deserted coffee shop in his raincoat.
Reading a section of the paper. He picks up his teacup, drinks.
Lowers it to the table.
ANGLE - INSERT
Galvin twists tea bag around a spoon to extract last drops of
tea. His hand moves to his felt pen lying on the table. He
moves his hand to the paper, open at the obituary section. We
SEE several names crossed out. He circles one funeral listing.
ANGLE
Galvin sitting, raises cup of tea to his lips. Looks around
deserted coffee shop. Sighs.
INT. SECOND FUNERAL HOME AND STREET - AFTERNOON
Galvin outside a second funeral home. WORKING-CLASS PEOPLE
entering, Galvin enters the home.
ANGLE
Galvin, coming down the aisle toward the front, shrugging
himself out of his overcoat, he approaches the BEREAVED WIDOW
sitting by the front of the home, he extracts his card from
his pocket, starts to speak. He is stopped by the WIDOW'S
SON, a hefty man in his mid-forties, who interjects himself
between Galvin and the widow.
SON
(of the card)
What is that ...?
GALVIN
I ...
SON
What the hell is that ...
GALVIN
... I was a friend of your fa...
SON
You never knew my father.
(hits card out of
Galvin's hand)
You get out of here, who the hell
do you think you are ...
The FUNERAL MANAGER hurries down the aisle, and starts
extricating Galvin from the commotion.
GALVIN
(to Funeral Manager)
I'm talking to this man ...
FUNERAL MANAGER
Excuse me, Mrs. Cleary...
He is manhandling Galvin toward the back of the funeral parlor.
The Son calls after him:
SON
Who the hell do you think you are?
EXT. SECOND FUNERAL PARLOR - AFTERNOON
The Funeral Manager and Galvin standing in the cold.
FUNERAL MANAGER
I don't want you coming back here.
Ever. Do you understand?
GALVIN
I was just talking to...
FUNERAL MANAGER
Those are bereaved people in there.
The Funeral Manager gives Galvin a small shove, and goes back
to his post at the door, greeting the entering mourners. "Good
evening..."
ANGLE
Galvin, the ground cut out from under him. Standing watching
the mourners enter.
EXT. SECOND FUNERAL STREET - DUSK
Galvin walking down a residential street. He has been walking
a while in the cold, snowy night. He stops for a stoplight at
a corner, waits for the light although there is no traffic.
Lights a cigarette. The light changes. He looks both ways
and irresolutely starts across the street. He stops. He checks
his watch. He sighs, and starts back in the opposite direction.
INT. O'ROURKE'S BAR - NIGHT
Galvin holding forth at the bar of a seedy drinking-man's
establishment, THREE DRINKERS, acquaintances, standing around
him, appreciative.
GALVIN
Pat says, 'Mike ... there's a new
bar, you go in, for a half a buck
you get a beer, a free lunch, and
then take you in the back room and
they get you laid.'
The bartender, JIMMY, comes up to Galvin.
JIMMY
Another, Frank . . . ?
GALVIN
(gestures to include
group)
...everybody. Mike says, `Pat,
you mean to tell me for a buck you
get a free lunch and a beer, and
then you go in the back and get
laid?' `That's correct.' Mike
says, `Pat. Have you been in this
bar ?' Pat says, `No, but my sister
has ...' (gestures to Jimmy)
Everyone. Buy yourself one too.
INT. GALVIN'S OFFICE - NIGHT
The seedy, disorganized small office, Galvin in shirt-sleeves
opening a file cabinet. He takes out an armload of files,
carries them to a wastebasket and throws them in. He sits on
his desk, as if exhausted by his effort, pours from a whiskey
bottle into a large water glass, downs the glass. He has been
drinking for some time. He starts -- stumbling back to the
file cabinet. On the way his eye is caught by his degrees
hanging on the wall. He stumbles to them, picks them up and
walks over to the wastebasket and throws them in. He goes
back to the file cabinet, the phone starts ringing. Galvin
lets it ring, continues emptying the files into the wastebasket,
tearing some of them up as he does so. He repeats softly to
himself, as a litany, "It doesn't make a bit of difference, it
doesn't make a bit of difference ..." He starts back to the
desk for the bottle, knocks the still-ringing phone off the
desk. He pours himself a drink. As he downs it we hear --
softly -- from the phone on the floor: a MAN'S VOICE. "Frank.
Frank. Frank. Goddamnit. Are you there ...? Frank ..."
Galvin pays no attention. Drinks his drink and gazes at the
wall -- now empty of degrees.
ANGLE - P.O.V.
The empty wall. Galvin's P.O.V. The telephone heard Voice
Over insisting, "Frank ..."
INT. GALVIN'S OFFICE ANTEROOM - NIGHT
MICKEY MORRISSEY, a man in his late sixties, dressed in suit
and overcoat, looking worried, unlocks the door to the dark
anteroom. Looks around. Sees something in the next room.
ANGLE - P.O.V.
Galvin asleep on his couch, clothed as before. Covered in his
overcoat, the bottle and glass next to the couch on the floor,
the sound of the phone off the hook.
ANGLE
Mickey walks into the office. Stands looking at Galvin.
MICKEY
(harshly)
Get up.
(beat, more harshly)
Get up.
Galvin wakes up. Looks around. Swings his legs over the couch.
Drinks from the glass. Vacantly:
GALVIN
Hi, Mickey ...
MICKEY
What the hell do you think you're
doing ...? (surveys the wrecked
office) What's going on here ...?
GALVIN
Uh ...
MICKEY
Fuck you. I got a call today from
Sally Doneghy ...
GALVIN
... now who is that ...?
MICKEY
... You're 'sposed to be in court
in ten days and she's telling me
you haven't even met with them ...
GALVIN
Sally Doneghy, now who is that?
MICKEY
One lousy letter eighteen months
ago. . . .I try to throw a fuckin'
case your way ...
GALVIN
... hey, I don't need your charity
...
MICKEY
... I get these people to trust
you --they're coming here tomorrow
by the way --I get this expert
doctor to talk to you. I'm doing
all your fuckin' legwork -- and
it's eighteen months. You're
'sposed to be in court. I bet you
haven't even seen the file.
Galvin pours himself a drink.
GALVIN
Hey, what are you, my nanny?
Mickey walks to him, knocks the drink out of his hand and slaps
him several times in the face.
MICKEY
Listen to me. Listen to me
...listen to me, Frank, 'cause I'm
done fuckin' with you. I can't do
it any more. Look around you:
You think that you're going to
change? What's going to change
it? You think it's going to be
different next month? It's going
to be the same. And I have to
stop. This is it. I got you a
good case, it's a moneymaker. You
do it right and it will take care
of you. But I'm through. I'm
sorry, Frank, this is the end.
(beat) Life is too short, and I'm
too old. (Beat)
Mickey walks out of the office. Slams the door. Beat. Galvin
looks around the office. Goes to his sofa. Sits, reaches to
side table.
ANGLE - INSERT
The side table, a pack of Luckies. Galvin taking one, his
hand shaking a little. Also on side table a pile of change
containing a small rosary and a wedding ring.
INT. GALVIN'S OFFICE ANTEROOM - INSERT - DAY
The carriage of a typewriter. A sheet of paper. Its letterhead
reads "Frank P. Galvin. Attorney at Law, 124 State Street,
Boston, Mass. 02981. Cable FRAGAL." Someone is typing, "Sorry
I had to go out. Back at 10. Judge Geary called. Are you
available for lunch Wednesday University Club?" A hand takes
a paper from carriage and puts it on desk. Takes a pen and
signs, "Claire."
ANGLE
Galvin in the anteroom, dressed in his suit, unshaved, having
just signed the paper. He takes a piece of Scotch tape from
the dispenser on the desk, picks up a file folder from the
coffee table. It is torn in several places and rudely Scotch-
taped.
ANGLE - P.O.V. - INSERT
The file headed Deborah Ann Kaye v. St. Catherine Laboure
Hospital et. al.
ANGLE
Galvin surveys the anteroom, opens door to corridor, Scotch
tapes the note he has just typewritten to the outside of the
door.
INT. O'ROURKE'S BAR - DAY
Dark paneling, clean, simple. A drinkers' bar. OLD BARTENDER
and THREE CUSTOMERS spaced widely, Galvin in his overcoat
downing a shot, the file open before him. He is reading. He
checks his watch, scoops the file together under his arm, throws
a dollar on the bar, and heads for the door.
INT. NORTHERN NURSING HOME CORRIDOR - DAY
Galvin walking tentatively down the corridor of a very run-
down nursing home. He receives suspicious looks from the
Attendants. He is checking numbers on the doors against a
notation in the file. He finds the correct door and enters.
INT. NURSING HOME WARD - DAY
The door to the ward from the inside. Galvin opening the door
to the dark ward, backlit, tentative, a little unsteadied from
his drinking. He puts his back against the door, puts down
file and briefcase, extracts a small cheap Polaroid camera
from the briefcase, readies it to shoot, picks up his
paraphernalia, and starts off down the ward. As he walks down
the ward he checks the file hung at the foot of each bed.
Galvin stops at the foot of one bed and reads the chart.
ANGLE - P.O.V.
The chart held by Galvin. DEBORAH ANN KAYE, various medical
notations. He lowers the chart and we SEE in the bed beyond
it a shrivelled, tiny form stuck with needles and tubes.
ANGLE
Galvin replaces the chart, puts his file, briefcase, etc. on
the foot of the bed, takes a flash photo of the figure in the
bed. Takes another one. Puts down camera, sits on the end of
the bed gazing at the unseen form. He lights a cigarette, and
sits looking at her.
INT. CORRIDOR - GALVIN'S OFFICE BUILDING - DAY
SALLY DONEGHY. A mousy woman in her forties is standing by a
door on which is written, "Frank P. Galvin. Attorney at Law."
GALVIN
I'm ... Mrs. Doneghy? I'm Frank
Galvin ... why didn't you go in?
SALLY
It's locked.
GALVIN (ASTONISHED)
It's locked?
Sally Doneghy points to the note on the door. Galvin takes it
from the door. Reads. "Back at 10, Judge Geary. Lunch ..."
GALVIN
I'm terribly sorry ... I hope we
didn't put you out. Won't you
come in ...? (motions Sally into
inner office, gestures with note)
I'd offer you some coffee, but it
looks like my girl just went out.
INT. OFFICE ANTEROOM - DAY
Galvin is perched at his secretary's desk. Sally Doneghy across
from him by the coffee table listening intently.
GALVIN
It's not a good case. It's a very
good case. A healthy young woman
goes into the hospital to deliver
her third child, she's given the
wrong anaesthetic ...
SALLY
... we, we love her, Dick and me
...
GALVIN
... I'm sure you do ...
SALLY
But what can we do? She don't
know who's visiting her ...
GALVIN
... I know. I went ...
SALLY
... You saw her?
GALVIN
Yes. Yes, I have.
SALLY
You know how beautiful she was?
(beat) Her husband left her, and
he took her kids .... They, they,
they'd let you die in there. They
don't care. Nobody cares. The
Patriot Home, the Chronic Care ...
in Arlington ...? They'd take her
in. Perpetual care. They'd take
her. Fifty thousand dollars they
want. An endowment.
GALVIN
... fifty thousand dollars?
SALLY
I don't want to leave her. Dick
...the, the ... and Father Laughlin,
he said that it was God's will ...
GALVIN
... I understand ...
SALLY
My doctor told me that I got to
move out West ... that's when we
filed in court. We didn't want to
sue ...
GALVIN
... I understand ...
SALLY
... But Dick, he's looking for two
years in Tucson ... and they called
him up and said to come out.
He's a good man. He's only trying
to do what's right.
The door to the corridor opens and DICK DONEGHY, a workingman
in his forties, comes into the room. Sally and Galvin stand.
SALLY
This is my husband.
Donegy and Galvin shake hands uncomfor-tably. He motions the
two to sit.
GALVIN
Please sit down. I told your wife.
I'm sorry that we have to meet out
here. I've got a case coming in
two days in the Superior Court
and my office is a mess of papers.
DONEGHY
... that's all right.
GALVIN
I was telling your wife, we have a
very good case here.
SALLY
He saw her at the Northern Care...
GALVIN
... and I have inquiries out to
doctors, experts in the field ...
there is, of course, a problem
getting a doctor to testify that
another doctor's negligent ...
DONEGHY
...the Archdiocese called up, they
said who was our attorney, 'cause
the case is coming to trial...
GALVIN
I doubt we'll have to go to trial
...
DONEGHY
... we told them we didn't want it
to come out this way.
GALVIN
I completely understand ...
DONEGHY
We just ...
SALLY
We just can't do it anymore. (beat)
This is our chance to get away.
GALVIN
I'm going to see you get that
chance.
DONEGHY
What is this going to cost?
GALVIN
It's completely done on a
contingency basis. That means
whatever the settlement is I retain
one-third ...that is, of course,
the usual arrangement ...
INT. BISHOP BROPHY'S SUITE--INSERT DAY 15
Yellowed newspaper clipping, a very lovely, patrician woman in
her twenties smiling at a well-turned-out Galvin around thirty.
Headline: "Patricia Harrington to Wed."
ALITO (VOICE OVER)
`His name is Frank Galvin. B.U.
Law, class of 'fifty-two. Second
in his class. Editor of the Law
Review. Worked with Mickey
Morrissey twelve years. Criminal
Law and Personal Injury ...'
A hand turns a page and reveals a second clipping: "Boston
Lawyer Held in Jury Tampering Case," with a picture of a very
confused Galvin at around forty-five being led to jail.
ALITO
'Married Patricia Harrington,
nineteen sixty ...'
ANGLE
The small, sumptuously appointed Italianate office. French
windows, a fire in the grate, a view of Boston Common, JOSEPH
ALITO, a slender, elegant man in his forties dressed in a very
expensive suit, reading from his notes, news clippings, etc.,
which are held in a leather folder.
ALITO
`Joined Stearns, Harrington, Pierce
nineteen sixty as a full partner.
Resigned the firm nineteen sixty-
nine over the Lillibridge case
...' Do you ...?
Alito, strolling as he reads, moves toward the windows with
his file TO REVEAL BISHOP BROPHY, a self-contained man in his
early sixties, sitting on a leather couch, listening.
BISHOP
He was accused of jury tampering.
ALITO
Accused. Not indicted. He resigned
the firm. Divorced nineteen
seventy. Galvin worked with Michael
Morrissey until Morrissey retired
in 'seventy-eight. Since then
he's been on his own. Four cases
before the Circuit Court. He lost
them all. He drinks.
BISHOP
Four cases in three years ...
ALITO
The man's an ambulance chaser ...
BISHOP
... tell me about this case.
ALITO
This is a nuisance suit. He's
looking for small change. He's
asking for six hundred thousand
and betting we don't want to go to
court.
BISHOP
No -- we don't want this case in
court.
ALITO
Neither does he. That's where he
loses. This man's scared to death
to go to court. We only have to
call his bluff.
BISHOP
I want to settle this thing and be
done with it. I don't want the
Archdiocese exposed.
ALITO
No. Absolutely, and we're going
to see that it is not.
BISHOP
So what I want to do is stop it
here. I'm going to make him an
offer. I want to do it myself. I
want it to come from me.
ALITO
All right. But let's keep the
price down. I've called Ed
Concannon. He recommends that we
continue to respond as if we're
going to trial.
The Bishop nods, meaning, "You are dismissed." As an
afterthought:
BISHOP
If we were to go to trial, would
we win the case?
ALITO
Well, of course, it's always
dangerous ...
BISHOP
I know that answer. If we went to
trial would we win?
ALITO
(in an "of course"
tone)
Yes.
Alito, preparing to leave, reaches to the Bishop's desk, where
he has laid his leather folder.
ANGLE
The clipping in the folder, confused Galvin being led into
jail, "Boston Lawyer Held in Jury Tampering Case." Alito's
hand snaps the folder shut.
INT. GALVIN'S OFFICE BUILDING CORRIDOR - DAY
A man's arms full of textbooks. Prominently displayed:
"Methodology and Practice in Anesthesiology." The man stops,
fumbles for a key in his pocket.
ANGLE
Galvin, in his overcoat, arms full of books, reading from a
textbook and trying to unlock his office door.
INT. OFFICE
Galvin entering. CLAIRE PAVONE, a woman in her fifties, at
the secretary's desk, hanging up the phone.
CLAIRE
(to phone)
Thank you very much.
Galvin looks up at her in surprise.
GALVIN
What are you doing here?
CLAIRE
Mickey told me to come back to
work.
Galvin nods, proceeds into his office, reading from the
textbook. Claire follows him into the office.
CLAIRE
... here's your mail, call Mrs.
Doneghy ...
GALVIN
... yes. Get her on the phone ...
CLAIRE
... that was a Dr. David Gruber's
office ...
GALVIN
(putting down books)
Gruber...
CLAIRE
Mickey told him to call. (reading
from notes) 'He's some very hotshot
surgeon at Mass. Commonwealth. He
wants to meet with you at seven
tonight re testimony in the case
of Deborah Ann Kaye. You meet him
at the hospital.'
She hands him typed memo slip.
GALVIN
(surprised)
... he wants to testify ...?
CLAIRE
It looks that way.
GALVIN
You know what that would mean? To
get somebody from a Boston hospital
to say he'll testify?
CLAIRE
... a Mrs. Doneghy called ... I
told you that.
Phone rings. Claire moves to it.
GALVIN (DELIGHTED)
This is going to drive the ante
up.
CLAIRE (INTO PHONE)
Frank Galvin's ... who's calling
please? Bishop Brophy's office
...
She gestures to Galvin, "Do you want to talk to them?" Galvin
gestures back, "No. I'm not in ..."
CLAIRE
I'm sorry, he's not in ... may I
take a mess ... tomorrow when, two
o'clock ...I'll check my book ...
She looks to Galvin, who nods, "yes."
CLAIRE
Yes. Mr. Galvin's clear at that
time ....the Bishop's office,
tomorrow, the fifth at two p.m.
Thank you ...
She hangs up.
GALVIN
That's the call that I'm waiting
for.
CLAIRE
What does it mean?
GALVIN
They want to settle. (beat) It
means a lot of money.
CLAIRE
Does that mean I'm back for awhile?
INT. GRUBER'S HOSPITAL CORRIDOR - INSERT - NIGHT
Man's wrist. WWII GI watch reads: 6:56.
ANGLE
Galvin in overcoat standing outside door marked "Doctors Only"
in bustling hospital corridor. He glances at memo slip in his
hand. He opens door. CAMERA FOLLOWS him onto:
INT. GRUBER'S DOCTORS LOCKER ROOM - NIGHT
Carpeted, small, comfortable, lined in lockers. A DOCTOR, on
the phone in greens, smoking a cigarette, talking on the phone
softly, a couple of DOCTORS sitting, drinking coffee, chatting.
Galvin, a trifle nervous, to Doctor ON PHONE:
GALVIN
Dr. Gruber ...?
The Doctor on the phone gestures behind him to a thirty-ish
MAN in blue jeans smoking a cigar, changing at his locker.
Galvin walks over to him.
GALVIN
Dr. Gruber ...
GRUBER (TURNING)
Yes? Galvin, right?
He checks his watch, continues changing into suede jacket,
checks next appointment on a leather appointment book, locks
the locker, pockets key.
GALVIN
I appreciate--a man as busy as--
GRUBER
That's perfectly all right. I'm
kind of rushed. Do you mind if we
walk while we talk?
Gruber, Galvin following, talk while exiting locker room.
INT. GRUBER'S HOSPITAL CORRIDOR - NIGHT
GRUBER
I read the hospital report on your
client.
GALVIN
... Deborah Ann Kaye ...
GRUBER
... Deborah Ann Kaye ...
They walk hurriedly through a hospital corridor, to an EXIT
door and down concrete stairs.
INT. GRUBER'S HOSPITAL STAIRS - NIGHT
GALVIN
They called, they're going to
settle, what I want to do is build
up as much ...
GRUBER
Right. Who called?
GALVIN
The Archdiocese called, they want
to settle ... her estate ...
GRUBER
... and you're going to do that?
GALVIN
(surprised, of course)
Yes.
GRUBER
You're going to settle out of court?
Gruber stops at the bottom of the stairs, beside an exit to
the outside.
GALVIN
Yes.
GRUBER
Why?
A beat.
GALVIN
(it's a meaningless
question to him,
as if to a child)
Uh ... in the, well, in the
interests of her family ... you,
Dr. Gruber, you know, you can never
tell what a jury is going to do.
St. Catherine's a very well thought
of institution. Her doctors ...
GRUBER
(glances at watch,
impatient)
Her doctors killed her.
GALVIN
(A BEAT))
I'm sorry ...?
GRUBER
Her doctors murdered her. They
gave her the wrong anaesthetic and
they put her in the hospital for
life. (a beat) Her doctors
murdered her.
GALVIN
Do you know who her doctors were?
GRUBER
I read the file. Yeah. Marx and
Towler. I know who they were.
GALVIN
The most respected ...
GRUBER (SMILING)
Whose side are you arguing ...? I
thought that you wanted to do
something. I don't have any
interest in the woman's 'estate' --
No offense, but we all know where
the money's going to ... I have
an interest in the Hospital; and
I don't want those bozos working
in the same shop as me. They gave
her the wrong anesthetic. They
turned the girl into a vegetable.
They killed her and they killed
her kid. You caught 'em. Now:
how many others did they kill?
A beat. Gruber discards end of a cigar. Takes a leather case
from his suede jacket, extracts a new cigar. Offers one to
Galvin.
GRUBER
You want a cigar?
Galvin takes one absently.
GALVIN
The hospital is owned by the
Archdioceses of ...
GRUBER
What are they going to do? Not
invite me to their Birthday party
...? (checks watch) Look, I gotta
go. I have to be in Cambridge ...
Galvin, excited, is trying to light the cigar. His hand shakes
badly. He has forgotten to bite off the end. He bites it,
lights the cigar.
GALVIN
Well, well, when can we meet again.
I'd like to get a deposition..
GRUBER
Okay. I'll meet you here. Tuesday
night ... I gotta go. You going
my way?
Galvin shakes his head.
EXT. GRUBER'S HOSPITAL PARKING AREA - NIGHT
Gruber opens door and walks out into the cold, into the parking
lot, followed by Galvin, who is lighting his cigar.
GALVIN
We have to ... we ... we have to
keep you under wraps. Please don't,
don't discuss ...
GRUBER
I understand.
GALVIN
... the case with anyone. And
I'll meet you Tuesday, and we'll
go over your testimony ...
They stop before a 1950s very beautiful small Mercedes Sedan.
Gruber opens the door, gets into the plush red leather interior,
starts car, leaves door open, still talking to Galvin.
GRUBER
Right. Seven o'clock. Here.
Galvin scribbles information in his appointment book.
GALVIN
Thank you ...
GRUBER
... that's perfectly all right.
GALVIN
(beat)
Uh, why, why are you doing this?
GRUBER
(thinks a second)
To do right. Isn't that why you're
doing it?
INT. O'ROURKE'S TAVERN - NIGHT
Galvin is at the bar, smiling to himself. His drink is being
refilled. To BARTENDER:
GALVIN
I want to buy you a drink.
JIMMY (THE BARTENDER)
Thanks, Franky.
Galvin looks around. A very attractive self-possessed YOUNG
WOMAN is sitting in the crook of the bar across from him; she
is intently perusing the newspaper and circling items with a
felt pen. Galvin speaks to her:
GALVIN
Would you like a drink?
She looks up. Smiles.
WOMAN
I'd like an apartment.
GALVIN
Settle for a drink?
She gestures at her own full glass in front of her.
WOMAN
No. Thank you.
Galvin shrugs.
GALVIN
I had a very good day today.
WOMAN
(beat, smiles, downs
drink, gets up off
the stool, sincerely)
I'm glad you did. Thank you.
Good night.
GALVIN
You're very welcome.
He watches her as she leaves the bar. He turns back to his
drink.
GALVIN
Well, well, well. Huh?
JIMMY
Yeah.
GALVIN
(sighs)
It's a long road that has no
turning.
JIMMY
That's for sure, Frank.
INT. GALVIN'S APARTMENT - NIGHT
A shoddy one-and-a-half room bachelor apartment. Galvin, beer
and cigarettes on the table beside him. He is sitting on an
armchair in the bedroom. A yellow legal pad in his lap.
He is talking on the phone softly, soothingly.
GALVIN
I'm going to the Archdiocese
tomorrow at two. I know you don't.
I know you don't...no, you're just
following your life. You have a
life too...you have to move out
West. It doesn't help you to stay
here. Well...I'm sure she knows
you care for her.
His attention wanders to the legal pad in his lap.
ANGLE - P.O.V.
The legal pad. Spread on it a couple of Polaroids of Deborah
Ann in the nursing home. Below them, written on the pad, large,
"Dr. David Gruber. Ass't. Chief Anesthesiology, Mass.
Commonwealth. 'They killed her. And they killed her kid --
Her doctors murdered her.'"
The following figures are written on the pad: $150,000.00
written very large, circled, crossed out. $250,000.00 similarly
circled and crossed out. $225,000.00 circled many times.
GALVIN
(voice over; on
phone)
Well. Well. Well. Finally we're
none of us protected...we...we
just have to go on. To seek help
where we can...and go on...I know
that you love her...I know you're
acting out of love.
ANGLE - GALVIN ON THE PHONE
GALVIN
(into phone)
As soon as I know...you give him
my respects too. Not at all. Not
at all...Good night. (beat) Well,
bless you, too. Good night.
He hangs up phone, sighs. Lights a cigarette. Rotates his
neck to loosen it up. Reaches to the table next to his bed
for the bottle to pour a drink.
ANGLE - INSERT
His hand reaching for the bottle. On the table the photo of a
very beautiful blonde woman in a silver frame. She is the
same woman we saw earlier in the news clip. She is on the
deck of a sailboat, laughing. A pile of change on the table,
a money clip, a rosary, and the wedding ring in the pile of
change.
ANGLE
Galvin looking at the photo in the silver frame next to his
bed. He sighs deeply. Beat. Reaches up to the lamp above
his head and turns it off. He sits stiffly in the dark a
moment, then lets his head fall back to the chair.
INT. NORTHERN NURSING HOME WARD - DAY
Galvin, spruced up a bit, sitting on a bed, his briefcase on
his lap. Gazing at the unseen Deborah Ann Kaye in the dark
ward. Silent. Beat. He looks in his briefcase, takes out a
file.
ANGLE - P.O.V. - INSERT
The file, labeled Deborah Ann Kaye. Galvin extracting the
photo of the young mother romping with her two children; he
takes the yellow legal pad from his briefcase and puts it on
top of the picture (the figures crossed out; "Her doctors
murdered her," etc.).
We hear the door to the ward open and TWO IRISH WOMEN gossiping.
IRISH NURSE #1
(voice over)
Jimmy, I said, don't you go in
your pocket if there's nothing
there...
IRISH NURSE #2
(voice over)
...and what did he say...?
IRISH NURSE #1
(voice over; spies
Galvin, her tone
changes)
...Sir, you aren't allowed to be
in here...
ANGLE
Galvin sitting on the bed looking at Deborah Ann. He looks up
to the speaker. A slovenly Irish Nurse, who has come into the
room and is standing by him. The other Nurse is framed in the
doorway. Galvin is lost in thought.
NURSE
You can't be in here.
GALVIN
(as if remembering
something, simply)
I'm her attorney.
INT. BISHOP BROPHY'S OFFICE - DAY
The Bishop from the waist up, sitting behind his beautiful
desk. Compassionately:
BISHOP
It's a question of continuing
values. St. Catherine's -- to do
the good that she must do in the
community has to maintain the
position that she holds in the
community. So we have a question
of balance. On the one hand, the
reputation, and, so, the
effectiveness of our hospital, and
two of her important doctors --
and, on the other hand, the rights
of your client.
ANGLE
Galvin seated across from the Bishop. A YOUNG PRIEST seated,
discreetly, attentively, across the room. Sherry glasses in
front of Galvin and the Bishop. Galvin drinking from his.
BISHOP
A young woman. In her
prime...deprived of...(searches
for a word) ...life...sight...her
family...It's tragic. It's a tragic
accident.
Galvin has been dreaming.
BISHOP
...nothing, of course, can begin
to make it right. But we must do
what we can. We must do all that
we can.
He gestures to the Young Priest, who crosses the room, extracts
a sheet from a file folder, and places it before Galvin, who
is sitting as if in a dream. The Bishop waits a beat, not
wanting to interrupt Galvin's reverie, then catches his eye
and gestures down at the paper. Galvin glances down.
INSERT
The sheet: "I, Frank P. Galvin, duly appointed conservator
for Deborah Ann Kaye, in consideration of Two Hundred Ten
Thousand Dollars ($210,000.00) paid in hand to me this day by
St. Catherine Laboure Hospital do hereby release from any and
all claims..."
ANGLE
Galvin and the Bishop as before. Galvin finishes reading,
looks up.
BISHOP
Yes. We must try to make it right.
Beat. Galvin nods. Beat. Bishop nods discreetly to the Young
Priest who extracts Mount Blanc fountain pen from his pocket,
holds it out to Galvin.
BISHOP
It's a generous offer, Mr.
Galvin...(beat) ...nothing can
make the woman well...but we try
to compensate...to make a gesture...
GALVIN
How did you settle on the amount?
BISHOP
We thought it was just.
GALVIN
You thought it was just.
BISHOP
Yes.
GALVIN
Because it struck me how neatly
'three' went into the amount. Two
Hundred Ten Thousand. That would
mean I keep seventy.
BISHOP
That was our insurance company's
recommendation.
GALVIN
Yes. It would be.
A beat.
BISHOP
Nothing that we can do can make
that woman well.
GALVIN
And no one will know the truth.
BISHOP
What is the truth?
GALVIN
That that poor girl put her trust
in the hands of two men who took
her life, she's in a coma, her
life is gone. She has no family,
she has no home, she's tied to a
machine, she has no friends --and
the people who should care for
her: her Doctors, and you, and
me, have been bought off to look
the other way. We have been paid
to look the other way. I came in
here to take your money. (beat)
I brought snapshots to show you.
So I could get your money. (to
Young Priest, waving away document)
I can't take it. If I take it.
If I take that money I'm lost.
I'm just going to be a rich
ambulance chaser. (beat; pleading
for understanding) I can't do it.
I can't take it.
YOUNG PRIEST
If we may discuss money, Mr. Galvin.
How is your law practice?
GALVIN
It's not too good. I've only got
one client.
HOLD.
INT. LAWYERS ROOM AND CORRIDOR - DAY
Galvin, determined, coming down a corridor in the Courthouse,
opens a door. CAMERA FOLLOWS him IN. The Lawyers Room. Then
or twelve AMBULANCE CHASERS waiting for clients. They all
look up as he enters, then return to their reading, phones,
card games. CAMERA FOLLOWS him TO the corner of the room where
MICKEY MORRISSEY is playing Gin with a CRONY.
GALVIN
I have to talk to you.
MICKEY
What do you want?
GALVIN
(dragging him up)
Come on. Let's get a drink.
MICKEY
(sighs, to partner)
Don't touch anything.
Galvin leads Mickey out of the room.
INT. FIRST CORRIDOR COURTHOUSE - DAY
Mickey and Galvin silhouetted against a window at the end of
the dark corridor, arguing.
MICKEY (ENRAGED)
Are you out of your mind...?
GALVIN
...I'm going to need your help...
MICKEY
You need my help...? You need a
goddamn keeper...are you telling
me that you turned down two-hundred-
ten grand? (beat) Huh...? Are
you nuts? Eh? Are you nuts.
What are you going to do, bring
her back to life?
GALVIN
I'm going to help her.
MICKEY
To do what...? To do what, for
chrissake...? To help her to do
what? She's dead...
GALVIN
They killed her. And they're trying
to buy it...
MICKEY
That's the point, you stupid fuck.
Let them buy it. We let them buy
the case. That's what I took it
for. You let this drop -- we'll
go up to New Hampshire, kill some
fuckin' deer...
He turns away.
GALVIN
Mick. Mick. Mick...
MICKEY
What?
GALVIN
You -- Listen: you said to me,
`if not now, when...'
MICKEY
I know what I said but not now.
You won it. Franky. You won it.
When they give you the money, that
means that you won. We don't want
to go to court -- is this getting
to you...? You know who the
attorney is for the Archdiocese,
Eddie Concannon.
GALVIN
...he's a good man...
MICKEY
...he's a good man...? He's the
Prince of Fuckin' Darkness...he'll
have people in there testifying
that the broad is well -- they saw
her Tuesday on a surfboard at
Hyannis...don't fuck with this
case.
GALVIN
...I have to stand up for her...
MICKEY
Frank, but not now. Frank. You're
trying to wipe out some old
business. But not now. I
understand. But you go call 'em
back. You call the Bishop back.
GALVIN
I have to try this case. I have
to do it, Mick. I've got to stand
up for that girl. I need your
help. (beat) Mick, will you help
me...? (beat) Will you help me...?
INT. CONCANNON OFFICES CORRIDOR --DAY
A young ATTORNEY in shirt-sleeves and vest racing through a
huge, ultra-modern, ultra-successful legal office. The office
is near empty. A couple of secretaries are at their desks, a
couple of lawyers in their cubicles. The CAMERA FOLLOWS the
Attorney tearing through the corridors of the office, up a
spiral staircase, through yet more office space, into:
INT. CONCANNON CONFERENCE ROOM - DAY
...a conference room. Mahogany, tinted glass, a panoramic
view of Boston. Twenty-five attorneys, male and female, mostly
young, gaze at the young Attorney as he enters the room. He
stops running. He approaches the front of the room tentatively.
Standing at the blackboard in front of the conference room is
EDWARD CONCANNON. Senior partner of the firm, late fifties,
imposing, he radiates success. As the young Attorney approaches
Concannon he is stopped with a gesture. Concannon addresses
the room.
CONCANNON(SMILING)
Anybody ever hear, 'For want of a
shoe a horse was lost?' Who's
going on vacation tomorrow?
A young MAN raises his hand.
CONCANNON
Friedman. St. Barts. is that
right?
FRIEDMAN
Yessir.
CONCANNON
(to secretary taking
notes at the side
of the room)
Send Mrs. Friedman a dozen roses
tomorrow morning please, Sal. I
tell you what, send her a sunlamp.
(smiles, there is laughter from
the room; to Friedman, sympathetic)
I'm sorry, but you'll have to stay.
No vacations till this thing is
cleared.
Concannon motions to the young Attorney who has run in. The
young Attorney goes to Concannon and hands him a box of chalk.
Concannon takes a piece and writes on the blackboard "Jan.
12th." He underlines it heavily.
CONCANNON
Our court date is January twelfth.
You're all acquainted with this
case. It's been scheduled for
eighteen months. We have the
attorney for the Plaintiff, Frank
Galvin -- and I trust you are all
familiar with his record -- and we
have been expecting him to call us
to negotiate. As he did not, and
five days before we're supposed to
go to court we made him a rather
generous offer, which he refused.
Five days before the trial. What
does this mean? I want to find
out. (writes on the blackboard,
"1) Research") (writes "2)
Homework") Acquaint yourselves
again with the depositions. Don't
rely on the fact that we did it
last year. Do it again. We're
going to review them here, and you
do it at home. You each have a
full file. Know the deps, and I
want you all to be here when we
work with the defendants... when
is that, Billy...?
The young Attorney responds.
YOUNG LAWYER (BILLY)
Tuesday evening, Sir.
Concannon writes on blackboard "3) Public Awareness."
CONCANNON
I want an article in the Globe As
Soon As Possible, 'St.
Cat's...Neighborhood Giant serving
the community' etc. We've got it
in the files. I want something in
Monday's Herald: 'Our Gallant
Doctors,' something...Be inventive,
I want television...(nods toward
one of the young lawyers) ...talk
to our man at GBH. And to belabor
the obvious for a moment...(beat)
Our clients are: the Archdiocese
of Boston; St. Catherine Laboure
Hospital, and Drs. Marx and Towler,
two of the most respected men in
their profession. The thrust of
this defense will be to answer in
court, in the press and in the
public mind -- to answer the
accusation of negligence this
completely: not only that we win
the case, but that we win the case
so that it's seen that the attack
on these men and this institution
was a rank obscenity. (beat) All
right. Let's get the cobwebs off.
Billy...?
The young Lawyer stands as Concannon sits, listening.
YOUNG LAWYER
Please turn to your Page Four.
All the lawyers in the office turn in their files to that page.
YOUNG LAWYER
We're going to start with a review
of the depositions of the Operating
Room Team: the nurse-anesthetist,
the scrub-nurse, the...
INT. LAW LIBRARY - NIGHT
Galvin and Mickey at a library table piled with books. A dingy,
dusty law library. They are smoking, speak in undertones,
referring to the yellow legal pads in front of them. Rehashing
material. MICKEY Who have we got?
GALVIN
We've got her sister. Testifies
she had a meal one hour before she
was admitted to the hospital.
This is the point.
MICKEY
You got the admittance form says
patient ate nine hours prior to
admittance.
GALVIN
Admittance form is wrong.
MICKEY
Forget it. You can't prove it.
Sister's testimony is no good.
Jury knows we win she gets the
cash.
GALVIN
I've got my Dr. Gruber, says her
heart condition means they gave
her the wrong anaesthetic anyway,
plus she came in complaining of
stomach pains...
MICKEY
(conceding)
...Gruber's not bad.GALVIN Not
bad...? This guy's Dr. Kildare,
the jury's going to love him,
Mick... And you calm down, all
right? Their guy, Towler's, the
author of the book, (hunts for
book on desk, holds it up; reads)
'Methodology and Practice,
Anesthesiology.' (rummages through
a pile of papers on the desk) ...and
they got depositions from the
nurses, everybody in the operating
room, the scrub-nurse...'All these
guys are God. I saw them walk on
water...'
GALVIN
(checking a list)
They had an obstetrical nurse in
there. We got a deposition from
the obstetrical nurse?
MICKEY
(checking list)
No.
GALVIN
(reading from pad)
'Mary Rooney, forty-nine. Lives
in Arlington, still working at the
hospital.' Can you get out
tomorrow? How come she isn't
speaking up.
MICKEY
Right.
GALVIN
Okay now. Cases: Smith versus
State of Michigan.
MICKEY
Right.
GALVIN
Brindisi versus Electric Boat.
MICKEY
You got a good memory, Franky.
GALVIN
I had a good teacher. McLean versus
Urban Transport...
INT. O'ROURKE'S PUB - NIGHT
Galvin and Mickey entering the bar, walk over to the bar.
Galvin sees something O.S.. Call to the bartender.
GALVIN
Jimmy? Bushmills. (turns to
Mickey, whispers) Lookit, do me a
favor. I'll buy you a drink
tomorrow.
MICKEY
Yeah? And what are you going to
do tonight?
GALVIN
I'm going to get laid.
Galvin motions with his head down at the end of the bar.
ANGLE - P.O.V.
The Woman from last night, sitting in her same place at the
end of the bar. Mickey looks at her. Shrugs. Gets up off
stool.
MICKEY
Don't leave your best work in the
sheets.
He salutes, walks off.
Galvin takes his drink and moves down to her.
GALVIN
D'you find an apartment?
LAURA
Still looking.
GALVIN
I changed my life today. What did
you do?
LAURA
I changed my room at the Hotel.
GALVIN
Why?
LAURA
The TV didn't work.
GALVIN
What Hotel are you staying at?
LAURA
And what are you? A cop?
GALVIN
I'm a lawyer.
LAURA
My ex-husband was a lawyer.
GALVIN
Really. How wonderful for you.
LAURA
Yes. It was, actually.
GALVIN
Oh, actually it was. Then why'd
you call it off?
LAURA
Who says I'm the one that called
it off?
GALVIN
A brick house says you divorced
him. I'll put you on your honor.
Bet you a hundred dollars against
you join me for dinner. And I'll
take your word for it. Now you
tell me the truth. Because you
cannot lie to me. What's your
name?
LAURA
Laura.
GALVIN
My name's Frank. And furthermore,
you came back to see me tonight.
LAURA
What if it wasn't you that I came
back to see?
GALVIN
You just got lucky. (gets up off
stool) D'you eat yet? Come on.
She gets up from the stool and starts following him in spite
of herself.
GALVIN
Jesus, you are one beautiful woman.
INT. O'ROURKE'S - NIGHT (LATER)
Galvin and Laura are in a booth. The remains of a dinner and
drinks around them. They are both smoking cigarettes, intent
on each other. Both a little drunk.
GALVIN
The weak, the weak have got to
have somebody to fight for them.
Isn't that the truth? You want
another drink?
LAURA
I think I will.
Galvin motions "another round" to the bartender.
GALVIN
Jimmy!
(beat)
That's why the court exists. The
court doesn't exist to give them
justice, eh? But to give them a
chance at justice.
LAURA
And are they going to get it?
GALVIN
They might. Yes. That's the point
...is that they might...you see,
the jury wants to believe. They're
all cynics, sure, because they
want to believe. I have to go in
there tomorrow to find twelve people
to hear this case. I'm going to
see a hundred people and pick
twelve. And every one of them
it's written on their face, `This
is a sham. There is no justice...'
but in their heart they're saying,
'Maybe...maybe...'
LAURA
Maybe what?
GALVIN
(beat)
Maybe I can do something right.
LAURA
And is that what you're going to
do? (a beat) Is that what you're
going to do...?
GALVIN
That's what I'm going to try to
do.
INT. GALVIN'S APARTMENT - NIGHT
The bedroom, dark, sound of people moving, the bedside light
is flicked on. We SEE Galvin in shirt-sleeves, holding a
whiskey glass a little unsettled, turning on the light, Laura,
with a glass, also a bit unsteady, standing beside him. Both
awkward. He looks at her, turns back to the bed, turns down
the bed, sees the silver-framed picture of his wife, he looks
back at Laura, starts to take the picture to turn it down.
LAURA
That's all right.
She starts taking off her blouse.
INT. COURTHOUSE BAR-INSERT - DAY
A half-full old-fashioned glass.
ANGLE
Galvin sitting at the fairly well-equipped bar, still. He
looks out of the window at a building across the street.
EXT. COURTHOUSE - P.O.V. SHOT - DAY
The courthouse across the street.
INT. COURTHOUSE BAR - DAY
Galvin glances at bar clock.
ANGLE - P.O.V.
The clock reads 10:12.
ANGLE
Galvin downs his drink, picks his briefcase off of the bar and
starts for the door.
INT. JUDGE SWEENEY'S CHAMBERS-DAY
JUDGE SWEENEY, a florid man in his sixties, sitting in shirt-
sleeves eating bacon and eggs off of a hotel service on a tray,
talking conspiratorially with Ed Concannon, who is drinking
coffee, seated across the desk. They are obviously old friends.
The sound of a door opening. They turn their heads to the
door.
ANGLE - P.O.V.
Galvin standing in the door.
JUDGE (VOICE OVER)
You're late, Mr. Galvin.
He enters the room. CAMERA FOLLOWS him as he sits next to
Concannon.
GALVIN
Yessir. I'm sorry.
JUDGE
Why is that?
GALVIN
I was held up.
Concannon smiles and extends his hand.
CONCANNON
Ed Concannon.
GALVIN
(shaking his head)
Frank Galvin. We've met before.
As the Judge starts to speak Galvin cannot help looking at
Concannon out of the corner of his eye.
JUDGE
Let's do some business.
ANGLE - P.O.V. GALVIN
Concannon, brisk, expensive-looking, tanned, huge gold watch,
custom-made suit.
JUDGE (VOICE OVER)
They tell me that no bargain ever
was completed other than quickly
when both parties really cared to
make a deal.
Concannon feels Galvin's eye on him, half-turns, smiles.
ANGLE - THE JUDGE, CONCANNON, GALVIN
JUDGE
Now, have you boys tried to resolve
your little difficulty because
that certainly would save the
Commonwealth a lot of time and
bother.
GALVIN
This is a complicated case, your
Honor...
JUDGE
I'm sure it is, Frank: and let me
tell you something. If we find it
so complex, how in the hell you
think you're going to make a jury
understand it? (smiles at Galvin)
See my point? Let's talk a minute.
Frank: what will you and your client
take right now this very minute to
walk out of here and let this damn
thing drop?
GALVIN
My client can't walk, your Honor.
JUDGE
I know full well she can't, Frank.
You see the Padre on your way out
and he'll punch your ticket. You
follow me? I'm trying to help
you.
CONCANNON
Your Honor, Bishop Brophy and the
Archdiocese have offered plaintiff
two hundred and ten thousand
dollars.
JUDGE
Huh!
CONCANNON
My doctors didn't want a settlement
at any price. They wanted this
cleared up in court. They want
their vindication. I agree with
them. But for today the offer
stands. Before we begin the
publicity of a trial. For today
only. (beat) When I walk out
that door the offer is withdrawn.
(turns to Galvin)
As long as you understand that.
(beat)
It's got to be that way.
GALVIN
We are going to try the case.
A beat. Galvin fumbles for a cigarette. The three sit in
silence.
JUDGE (INCREDULOUS)
That's it...? (beat) Come on,
guys...life is too short... (beat)
You tell me if you're playing
'chicken,' or you mean it. (beat;
turns to Galvin) Frank: I don't
think I'm talking out of school,
but I just heard someone offer you
two hundred grand...and that's a
lot of money...and if I may say,
you haven't got the best of records.
GALVIN
...things change.
JUDGE
...that's true. Sometimes they
change, sometimes they don't.
Now, I remember back to when you
were disbarred...
GALVIN
I wasn't disbarred, they dropped
the pro...
JUDGE
And it seems to me, a fella's trying
to come back, he'd take this
settlement, and get a record for
himself. (beat) I myself would
take it and run like a thief.
GALVIN
I'm sure you would.
The Judge turns, unbelieving that Galvin has patronized and
insulted him. He controls himself.
JUDGE
Hm. (beat; checking book) We
have the date set? Next Thursday.
Good. (smiles) See you boys in
court.
INT. COURTROOM - INSERT - DAY
A legal document. LIST OF PROSPECTIVE JURORS. DEBORAH ANN
KAYE versus ST. CATHERINE LABOURE HOSPITAL, Et. Al.: Mr. Arthur
Abrams, Machinist, 58; Mrs. Joann Chepek, Housewife, 42; Mr.
Roger Crawford, Chemist, 59, etc.
ANGLE
Galvin, seated at the conference table intent on the form in
front of him. He crosses out something with a pen. Galvin
takes the form, rises, walks across the room, walks by the
defense table with Concannon and an Aide at it. Approaches
the Jury Box, which has several prospective JURORS in it. He
is very nervous. He addresses a man.
GALVIN
Mr. Abraham...
ABRAMS
Abrams...
GALVIN
Abrams. Yes. How are you today?
ABRAMS
I'm fine.
GALVIN
Good. (beat) You ever been inside
a hospital?
ABRAMS
Yes.
GALVIN
Ah. How did they treat you?
Galvin has flop sweat, Abrams is becoming intractable.
ABRAMS
I don't know what you mean.
INT. CIGAR - COURTHOUSE CORRIDOR - DAY
Mickey standing by the door to the courtroom, looking through
the glass panel, a newspaper under his arm, smoking. Galvin
comes out.
MICKEY
Been a long time, huh...?
GALVIN
I'm getting it back. Don't worry
about me, Mick. I'm fine. D'you
find the obstetric nurse?
MICKEY
Mary Rooney. She won't talk to
me. I tried her at the hospital.
I'm going to try her back at home.
Read this.
He hands Galvin the newspaper. Galvin takes it, reads.
ANGLE - P.O.V.
The newspaper, folded to Page Two. A full-page photo of smiling
doctors clustered around an operating table. Huge caption:
"International Honors to St. Catherine Laboure Hospital. The
faculte Internationale de la Chirurgerie today announced St.
Catherine's as this year's recipient of the coveted Medaillon
de la Sante..." etc.
ANGLE
Galvin reading. Looks up.
GALVIN
So what?
MICKEY
So what...? The best is yet to
come. Check the TV Guide. They
got our Dr. Towler on a panel on
GBH on Friday: 'The Healing Hand.
The Experts Speak.'
GALVIN
They still have to take it to a
jury.
Looks back at his form.
MICKEY
What I'm saying, they're getting
some help.
GALVIN (LOOKS ANNOYED)
So what do you want me to do?
Concannon's going to try the case
his way, I'm going to try it mine.
You want me to go wee wee wee all
the time because he's got some
flack, got stories in the newspaper.
I'm going to win this case.
They start walking across the Courthouse corridor. Mickey
veers off and stops at a Cigar Stand. To the STAND OPERATOR:
MICKEY
John: gimme a cuesta-ray.
GALVIN
Oh shit, what's today?
MICKEY
Today is Tuesday. What?
GALVIN
I've got to go see Gruber. (to
Cigar Stand Operator) What's the
best cigars you have?
MICKEY
Give 'em a box of Macanudos.
GALVIN
Mickey: I'm supposed to meet
somebody at O'Rourke's, I can't
make it.
JOHN
Here you are, Franky.
GALVIN (TAKES BOX)
Thanks. Can you go over and meet
her...? Tell her I'll stop by
when I'm through...Laura Fischer...
MICKEY
Sure. Who is she?
JOHN
That's thirty-three bucks. Can
you believe that...?
MICKEY
Oh, yeah. Your broad from last
night.
Galvin pays the Cigar Stand Operator.
JOHN
Thanks, Franky.
GALVIN
Tell her that I'll meet her there,
okay? See you tomorrow in the
office.
Mickey shrugs.
GALVIN
We're doing fine.
ANGLE
The two of them crossing the lobby.
Dick Doneghy, looking around the lobby, spies them, starts
across, and accosts Galvin.
DONEGHY
You said you're gonna call me up.
You didn't call me up. Who do you
think you are? (pushes Galvin
into a wall; advances; pushes him
again) Who do you think you are...?
GALVIN
Hold on a second.
DONEGHY
I'm going to have you disbarred.
I'm going to have your ticket.
You know what you did? Do you
know what you did?
He pushes Galvin again. Galvin waves Mickey off.
GALVIN
It's all right, Mickey.
DONEGHY
You ruined my life, Mister...Me
and my wife...and I am going to
ruin yours... (pushes Galvin again)
You don't have to go out there to
see that girl. We been going four
years. (beat) Four years...my
wife's been crying herself to sleep
what they, what, what they did to
her sister.
GALVIN
I swear to you I wouldn't have
turned the offer down unless I
thought that I could win the case...
DONEGHY
What you thought!? What you
thought...I'm a workingman, I'm
trying to get my wife out of town,
we hired you, we're paying you, I
got to find out from the other
side they offered two hundred...
GALVIN
I'm going to win this
case...Mist...Mr. Doneghy...I'm
going to the Jury with a solid
case, a famous doctor as an expert
witness, and I'm going to win eight
hundred thousand dollars.
DONEGHY
You guys, you guys, you're all the
same. The Doctors at the hospital,
you...it's 'What I'm going to do
for you'; but you screw up it's
`We did the best that we could.
I'm dreadfully sorry...' And people
like me live with your mistakes
the rest of our lives.
He nods sadly to himself. Beat.
GALVIN
If I could accept the offer right
now, I would. (beat) They took it
back.
DONEGHY
I understand. (starts to walk
away from Galvin; stops) I went
to the Bar Association. They tell
me you're going to be disbarred.
INT. O'ROURKE'S PUB - NIGHT
Laura is sitting in the same place at the bar. Mickey comes
up to her.
MICKEY
Franky can't make it. He had an
appointment he forgot, he's going
to see you later. I'm Mickey
Morrissey, we're supposed to get
to know each other.
LAURA
How'm I doing so far?
MICKEY
So far you're great. You got a
cigarette?
Laura opens her purse, starts hunting for a cigarette.
LAURA
What are you drinking?
(hands him
cigarettes, smiles,
calls the Bartender)
Jimmy...?
INT. GRUBER'S HOSPITAL CORRIDOR - NIGHT
Galvin walks up to a door marked Doctors Only. He opens his
briefcase, takes out the box of Macanudo Cigars, smiles to
himself, walks inside.
INT. DOCTORS' LOCKER ROOM - GRUBER'S LOCKER
Galvin enters, looks around, it is empty. He looks at the
clock, takes out his appointment book, turns to appropriate
page.
ANGLE - P.O.V.
The book, written very large: "Dr. Gruber. 7:00 P.M.
Hospital."
ANGLE
Galvin standing, he waits a beat. Starts out of locker room.
INT. GRUBER'S HOSPITAL CORRIDOR - NURSES' STATION - NIGHT
CAMERA FOLLOWS him TO Nurses' Station. He speaks to the NURSE
behind the desk.
GALVIN
Dr. Gruber.
NURSE
Dr. Gruber's not here today, Sir.
GALVIN
No...No...
She glances down, checks a sheet.
NURSE
Yes, Sir. He hasn't been in all
day...He's not on the chart...
EXT. GRUBER'S OFFICE BUILDING AND STREET - NIGHT
Galvin walking in the snow. Stops outside of a very lovely
brownstone with a small brass plaque. The plaque: Dr. David
C. Gruber. M.D. P.C.
ANGLE
Galvin looking in through the window of the dark, deserted
ground-floor office. He knocks on the door. Nothing. He
knocks again. Nothing. He stands unbelieving.
EXT. GRUBER'S HOUSE & STREET - NIGHT
Galvin getting out of a taxi, rushing up the steps of a
brownstone. Peeps through the window on the side of the house.
Dark. He grabs the brass knocker. Pounds. Nothing, he pounds
again. Nothing. He is beaten. He is without resource. He
starts vacantly down the stairs. The door behind him is opened.
He turns.
ANGLE - P.O.V.
A middle-aged black WOMAN in livery.
MAID
What is it?
Galvin in the steps speaking with her.
GALVIN
Dr. Gruber.
MAID
Dr. Gruber's not in.
GALVIN
I had an appointment at his office,
I think I must have got it wrong.
We had a meeting...
MAID
He's not in, Sir.
GALVIN
Where is he?
She hesitates. She has been instructed not to say. Galvin
starts up the steps.
GALVIN
I...please. My wife...my wife's
prescription has run out. If I
can call him...
MAID
Dr. Halpern's taking all his...
GALVIN
No, no, no. I have to talk to
him. If I can only call him..
MAID (BEAT)
He's...you can't reach him, Sir.
He's in the, on some island in the
Caribbean, they don't have a phone.
(beat) He'll be back in a
week...(beat) If you'd like Dr.
Halpern's number...
Galvin turns away from the door. He is still clutching the
box of cigars unconsciously.
INT. O'ROURKE'S - NIGHT
Mickey and Laura. Positions unchanged, at the bar. Somewhat
progressed toward a convivial drunkenness
MICKEY
Stearns, Harrington, you know who
that is?
LAURA
Should I?
MICKEY
A huge law firm. Okay? They put
him in the firm, he's married,
everything's superb. Franky, he's
starting to talk like he comes
from Dorsetshire, some fuckin'
place, 'You must drop by with Pat
and me...' Okay...?
LAURA
Yes.
MICKEY
...and he's making a billion dollars
every minute working for Stearns,
Harrington, and he bought a dog,
and everything is rosy. (beat)
Then Mr. Stearns, he tried to fix
a case.
LAURA
The Big Boy did...?
MICKEY
That Frank was working on. Yeah.
He thought Franky needed some help,
so they bribed a juror. So Franky
finds out. He comes to me in tears.
He thinks that anybody who knows
what a 'spinnaker' is got to be a
saint. I told him ' Franky, wake
up. These people are sharks.
What do you think they got so rich
from? Doing good?' He can't be
comforted. He tells the boys at
Stearns and Harrington they've
disappointed him, he's going to
the Judge to rat them out.
LAURA
Huh.
MICKEY
Before he can get there here comes
this Federal Marshal, and Franky's
indicted for Jury tampering, they
throw him in jail, he's gonna be
disbarred, his life is over. (beat)
Jimmy, gimme another drink. (to
Laura) How are you?
LAURA
(to Jimmy)
Me, too.
MICKEY
Okay. Now, so he's in jail. He,
finally, he gets to see the light,
he calls up Harrington, he says he
thinks he made a mistake. As if
by magic, charges against him are
dropped, he's released from jail.
(beat) P.S. He's fired from the
firm, his wife divorces him, he
turns to drink and mopes around
three and a half years. (beat)
You like that story?
She looks at him. HOLD.
EXT. JUDGE SWEENEY'S HOUSE-NIGHT
Snow falling. Galvin standing outside, having just rung the
bell. The door is opened by a gangly teen-age boy. CAMERA
FOLLOWS Galvin into...
INT. JUDGE SWEENEY'S HOUSE - NIGHT
...the hall of the house. The boy motions toward a closed
sliding door and then goes into the living room opposite.
Galvin hangs up his coat on the hall coat rack, we hear the
boy resume the practice of a passage of Chopin on the piano.
Galvin knocks on the sliding door.
JUDGE (O.S..)
Yes?
Galvin opens the door and goes into the Judge's darkened study.
The Judge is watching a basketball game on TV, drinking a beer.
CAMERA FOLLOWS Galvin into the room.
JUDGE
What is it?
GALVIN
Thank you for seeing me.
JUDGE
That's perfectly all right.
Judge turns down the volume of the game, but keeps watching
it.
GALVIN
I need an extension for my case.
JUDGE
You should have taken their offer.
Especially if you were unprepared.
GALVIN
I had a witness disappear on me.
JUDGE
That happens.
GALVIN
I could subpoena him if I had a
week.
JUDGE
I don't have a week. This case
never should have come to trial.
You know better. You're Mr.
Independent. You want to be
independent? Be independent now.
I've got no sympathy for you.
Judge leans forward, turns up the volume on the game.
EXT. STREET - GALVIN - PHONE - NIGHT
LONG SHOT of cars whooshing in the snow past a lonely street
corner. A MAN at an open telephone stand. The sound of the
telephone on the far end ringing.
ANGLE
Galvin at the stand, shivering in the cold, talking on the
phone. An open note pad in his bare hand.
VOICE (VOICE OVER)
Continental Casualty...
GALVIN
Mr. Alito, please.
VOICE
Business hours are over, Sir.
This is the switch...
GALVIN
I have to reach him. This is an
emergency. Could you give me his
home number?
VOICE
I'm sorry, Sir, we're not allowed...
GALVIN
...Would you, would you call him
up. I'll give you my number, and
ask him...
VOICE
I can't guarantee that...
GALVIN
I understand. Thank you, my name
is Galvin. I'll be at the following
number in a half an hour. It's
urgent.
INT. GALVIN'S OFFICE - NIGHT
Galvin is sitting at his desk, a stack of files piled on his
desk, he is sorting through them looking for something. The
phone rings, he snatches it up.
GALVIN (INTO PHONE)
Hello. Yes. Thank you for calling.
Frank Galvin...I'm representing
Deborah Ann Kaye...? I'd like to
discuss your firm's offer of the
two hundred th... In the sense
that I feel that we'd like to
accept it. (beat) Well, it's
rather a shock to me, too; but
it's my client's wishes...She's
changed her mind as of this
evening... I must say that I tried
to dissuade her...
He wipes his sweating forehead, he hears the sound of his office
door opening, he looks up.
ANGLE - P.O.V.
Mickey opening the front door to the office, carrying an armful
of lawbooks, and a couple of files, he turns on the lights in
the anteroom, and we SEE that he is surprised to see Galvin in
the office.
ANGLE - GALVIN
On the phone.
GALVIN
...Well, she, on the eve of the
case...You understand...I think
quite frankly she's come down with
nerves and she'd like...
A beat. Mickey comes tentatively into the room and sits at
the desk across from Galvin.
GALVIN
When was that arrived at...? (beat)
I, I know what Mr. Concannon said,
but...I. Well, I think you're
making a mistake...I think that
you should reconsider; why don't
you check with your principals,
and I'll call you in the...(beat)
No?...you...uh. All right. No.
That's fine. I under-stand. Sorry
to bother you at home.
He hangs up the phone. Sits rock still. Beat.
MICKEY
What happened...?
Galvin starts searching through his files again.
MICKEY
What happened, Joey...?
GALVIN
I can't talk now.
MICKEY
D'you meet with Dr. Gruber...?
Galvin has found the sheet he is looking for, he extracts it
from the file.
ANGLE - P.O.V.
The sheet of yellowing paper. Headed "DEBORAH ANN KAYE Poss.
Drs. to testify: Contact: Dr. Lucien Thompson, Mineola Long
Island; Dr. Duane Litchey..." He turns to second sheet. It
is a letter-headed sheet, "Lucien Thompson, M.D." "Dear Dr.
Galvin, after studying the case material on Deborah Ann Kaye,
I would be glad..." Galvin turns back to first sheet,
underlines THOMPSON in red.
ANGLE
Galvin dialing phone.
GALVIN
Concannon got to my witness. (beat;
to himself)I can't breathe in
here...(into phone) Hello Doctor...?
(checks sheet) Dr. Thompson.
This is Joseph Galvin, attorney
for a Deborah Ann Kaye, we had
some correspondence some time
ago...? That's right. I'm sorry
that we never got back, the case
was postponed, and I've had a
changeover in staff...I'm sorry to
call you so late...
ANGLE
Mickey, looking pityingly at Galvin. Mickey sees the box of
Macanudo Cigars on the desk, picks them up, starts to open
them -- throws them across the room in disgust.
GALVIN (VOICE OVER)
...but we have had a change of
strategy, and we were wondering, I
know this is short notice, but...
INT. GALVIN'S APARTMENT - NIGHT
Galvin in pants and shirt carrying a drink, distraught,
frightened. Standing in the doorway of his sitting room.
ANGLE
Laura in slacks and sweater coming out of the kitchen with her
drink. She sits at worktable on which are Galvin's briefcase,
files, etc. Galvin and Laura. He is biting his nails.
LAURA
Would you like me to leave...?
(beat) Is this a bad time --?
GALVIN
(distracted)
What...?
LAURA
Is this a bad time.
GALVIN
We, we...No...we just had a small
reversal in the case...(beat) I
have some, uh...I have some work
to do...
LAURA
What happened...?
GALVIN
They, uh, they got to my witness.
LAURA
...and is that serious?
Galvin, suddenly focuses, starts for worktable.
GALVIN
I've got to work...
LAURA
Do you want me to go...?
GALVIN
No, no, I'm just...
He stops, rubs his face...
LAURA
Why don't you get some rest?
GALVIN
I've got to work.
LAURA
You can't work if you can't think.
You get in bed. It's all right.
I'll stay here with you. It's all
right. Come on...
GALVIN
You're going to stay here...?
LAURA
Yes.
A beat.
GALVIN
I'm only going to rest a little
while.
She leads him into the bedroom.
ANGLE - LATER
Same room, Laura, dressed in Galvin's bathrobe, sitting in the
easy chair next to his worktable, smoking a cigarette, reading
an old hard-cover novel. She looks up across the room.
ANGLE - P.O.V.
The door to the bedroom, closed.
ANGLE
Laura sighs, takes a drag. Puts the book down on her lap.
Sits, thinking.
INT. CONCANNON'S CONFERENCE ROOM - DAY
Witness stand. DR. TOWLER, a distinguished man in his fifties,
sitting on the stand. Concannon o.s. The doctor is ill-at-
ease; smiles nervously.
CONCANNON (VOICE OVER)
What is your name, please?
TOWLER
Dr. Robert Towler.
CONCANNON (VOICE OVER)
You were Deborah Ann Kaye's
doctor...?
DR. TOWLER
No, actually, she was referred to
me. She was Dr. Hagman's patient...
CONCANNON
Don't equivocate. Be positive.
Just tell the truth.
ANGLE
The conference room. WIDE. Concannon's young lawyers taking
notes as Concannon rehearses Dr. Towler, a Sony VTR being
operated by one of them.
CONCANNON
Whatever the `truth' is, let's
hear that. You were her doctor.
DR. TOWLER
Yes.
CONCANNON
Say it.
DR. TOWLER
I was her doctor.
CONCANNON
You were the anesthesiologist at
her delivery May twelfth, nineteen
seventy...
DR. TOWLER
...I was one of a group of...
CONCANNON
Answer affirmatively. Simply.
Keep those answers to three words.
You weren't `part of a group,' you
were her anesthesiologist. Isn't
that right?
DR. TOWLER
Yes.
CONCANNON
You were there to help Dr. Marx
deliver her baby. Were you not?
DR. TOWLER
Yes.
ANGLE
Concannon starts to stroll a bit around the conference room,
in back of the assembled assistants, by the large windows,
which offer a panoramic view of Boston.
CONCANNON
Anything special about the case?
DR. TOWLER
When she...
The young lawyer (BILLY), Concannon's right-hand assistant,
raises his hand to get Concannon's attention.
CONCANNON
(to Dr. Towler,
correcting him)
When `Debby'...
(to Young Lawyer)
Thank you.
Young Lawyer nods, makes a notation in his pad.
DR. TOWLER
Thank you. When Debby...
CONCANNON
(switching his tack)
Dr. Towler, who was in the operating
room with you?
DR. TOWLER
Ms. Nevins, nurse-anesthetist;
Dr.Marx, of course...
He nods toward Dr. Marx who is in the audience, who nods back.
DR. TOWLER
Mary Rooney, the obstetrical
nurse...
CONCANNON
What did these people do when her
heart stopped?
DR. TOWLER
We went to Code Blue...
CONCANNON
`Code Blue,' what does that mean...?
DR. TOWLER
It's a common medical expression,
it's a crash program to restore
the heartbeat. Dr. Marx cut an
airway in her trachea, to get her
oxygen, her and the
baby...Ms.Nevins...
CONCANNON
Why wasn't she getting oxygen...?
DR. TOWLER
Well, many reasons, actually...
CONCANNON
Tell me one?
DR. TOWLER
She'd aspirated vomitus into her
mask...
CONCANNON
She THREW UP IN HER MASK. Let's
cut the bullshit. Say it: She
THREW UP IN HER MASK.
A beat.
DR. TOWLER
She threw up in her mask.
Concannon nods to the Young Lawyer, who is conscientiously
taking notes.
CONCANNON
...and her heart stopped and she
wasn't getting oxygen.
DR. TOWLER
That's right.
CONCANNON
And what did your team do...
DR. TOWLER
Well, we...
CONCANNON
...You brought thirty years of
medical experience to bear. Isn't
that what you did?
DR. TOWLER
Yes.
CONCANNON
...A patient riddled with
complications, questionable
information on her, on her admitting
form...
DR. TOWLER
...We did everything we could...
CONCANNON
...to save her and to save the
baby. Is that...
DR. TOWLER
Yes!
CONCANNON
You reached down into death. Now,
isn't that right?
DR. TOWLER
(getting overcome)
My God, we tried to save her...You
can't know...You can't know...
CONCANNON
(changing tactics;
soothing)
Tell us.
Beat. Dr. Towler sighs. He begins to speak.
EXT. SOUTH STREET STATION - BOSTON - DAY
People coming out of a just-arrived train.
ANGLE
Galvin watching them, he has a large boutonniere on his lapel.
The departing PASSENGERS stream past him. An elderly BLACK
MAN passes him by, turns and comes back to him.
ANGLE - THE BLACK MAN AND GALVIN
DR. THOMPSON
Mr. Galvin?
Galvin turns. He is taken aback. He registers who it must
be.
GALVIN
Dr. Thompson...?
DR. THOMPSON
It was good of you to meet...
Galvin cuts him off, takes his bag.
GALVIN
Thank you for coming.
They shake hands. They start...
INT. SOUTH STREET STATION - DAY
into the station. The CAMERA TRACKING BEFORE them. As Galvin
passes a wastebasket, he deposits his boutonniere.
GALVIN
I have some errands to run, and
then I thought we'd spend the
evening...
DR. THOMPSON (NODDING)
That's what I'd planned to...
GALVIN
I'm going to take you to the home
to see the girl...
DR. THOMPSON
(tapping his
briefcase, referring
to his files)
From what I've seen, Mr. Galvin,
you have a very good case...
GALVIN
(distracted; thinking
ahead)
Yes. Yes. I think so. I hope
you'll be comfortable. I'm putting
you up at my...
DR. THOMPSON
...I made a reservation at...
GALVIN
...apartment. (stops) No, no.
Please. You don't know who we're
dealing with, I, please believe
me, they...
DR. THOMPSON
...What difference would...
GALVIN
These people play very rough.
They don't want to lose this case.
There's a lot of pressure they can
bring to bear, I...
DR. THOMPSON
(smiles)
There's nothing they can do to me.
EXT. SOUTH STREET STATION AND STREET - DAY
Galvin starts them walking again.
GALVIN
Please, Sir. Please. Humor me.
They have arrived outside at a bank of cabs.
GALVIN
We'll spend the evening together,
I'll put you up, you'll be very
comfortable. Please. (hands Dr.
Thompson an envelope) That's my
address. The key is in it. (leans
forward to cabbie ) 1225
Commonwealth. (to Dr. Thompson)
Treat the place as your own. Please
don't tell anyone you're here,
I'll see you this evening. Thank
you,and thank you for coming.
He puts Dr. Thompson's bag into the cab. Dr. Thompson
hesitates, gets into the cab.
As the cab pulls out, CAMERA FOLLOWS Galvin TO a bank of phones
outside the station.
ANGLE
Galvin at the phone.
VOICE
(Claire, on phone)
Mr. Galvin's...
GALVIN
Let me talk to Mickey.
MICKEY
(on phone)
Yeah? How's our new witness?
GALVIN
D'you find the obstetric nurse?
MICKEY
She's workin' the late shift at
the Hospital. She's at home now,
I'm going over there to talk to...
GALVIN
Gimme the address. I'm gonna go.
We're going to need her.
EXT. MARY ROONEY'S HOUSE - DAY
Names on bells. One of them is ROONEY, M. 2D.
ANGLE
Galvin standing by the bell. Rings it. Beat. The door is
buzzed, he walks into the vestibule, past mailboxes, up the
stairs.
INT. MARY ROONEY'S HOUSE - DAY
Door opens, MARY ROONEY, a tough-looking woman in nurse whites
opens the door.
ANGLE
Galvin in hall, CAMERA FOLLOWS him TO the door.
GALVIN
I'm Joe Galvin, I'm representing
Deborah Ann Kaye, case against St.
Catherine Laboure.
MARY ROONEY
I told the guy I didn't want to
talk to...
GALVIN
I'll just take a minute. Deborah
Ann Kaye. You know what I'm talking
about. The case is going to trial.
Our chief witness is a Dr. David
Gruber, you know who he is?
MARY ROONEY
No.
GALVIN
He's the Assistant Chief of
Anesthesiology, Massachusetts
Commonwealth. He says your doctors,
Towler and Marx, put my girl in
the hospital for life. And we can
prove that. What we don't know is
why. What went on in there? In
the O.R. That's what we'd like to
know. Something went wrong. And
you know what it was. They gave
her the wrong anesthetic. What
happened? The phone rang...someone
got distracted...what?
MARY ROONEY
...you got your doctor's testimony.
Why do you need me?
GALVIN
I want someone who was in the O.R.
We're going to win the case, there's
no question of that. It's just a
matter of how big...
MARY ROONEY
I've got nothing to say to you.
GALVIN
You know what happened.
MARY ROONEY
Nothing happened.
GALVIN
Then why aren't you testifying for
their side?
She starts to close the door. He stops her.
GALVIN
I can subpoena you, you know. I
can get you up there on the stand.
MARY ROONEY
And ask me what?
GALVIN
Who put my client in the hospital
for life.
MARY ROONEY
I didn't do it, Mister.
GALVIN
Who are you protecting, then?
MARY ROONEY
Who says that I'm protecting anyone?
GALVIN
I do. Who is it? The Doctors.
What do you owe them?
MARY ROONEY
I don't owe them a goddamn thing.
GALVIN
Then why don't you testify?
MARY ROONEY
(beat)
You know, you're pushy, fella...
GALVIN
You think I'm pushy now, wait 'til
I get you on the stand...
MARY ROONEY
Well, maybe you better do that,
then. (starts to close door; stops)
You know you guys are all the same.
You don't care who gets hurt.
You're a bunch of whores. You'd
do anything for a dollar. You got
no loyalty...no nothing...you're a
bunch of whores.
She closes the door on him.
INT. CONCANNON'S OFFICE - NIGHT
A young LAWYER on the phone, silent, nodding, taking notes.
He holds up his hand to someone indicating "Almost done. I'll
be right with you."
ANGLE
Concannon, in overcoat, about to go out, surrounded by an
entourage of secretaries and ASSISTANTS in overcoats, waiting
on him.
ANGLE
Concannon and the Young Attorney. The Young Attorney into
phone, "Thank you." He hangs up, starts reading from his notes
to Concannon:
YOUNG ATTORNEY
His name is Dr. Lionel Thompson.
City College of New York, Class of
twenty-six. Bachelor of Science;
New York College of Medicine;
sixteenth in a class of twenty-
two. Nineteen seventy-six got a
courtesy appointment, staff of
anesthesiology, Easthampton Hospital
for Women. Never married. Has no
honors or degrees of any weight.
Since nineteen seventy-five he's
testified in twenty-eight court
cases, twelve malpractice. (smiles,
saving his best 'til last) And
he's black.
CONCANNON
(beat; stern)
I'm going to tell you how you handle
the fact that he's black. You
don't touch it. You don't mention
it. You treat him like anybody
else. Neither better or worse.
(smiles) And you get a black lawyer
to sit at our table. Okay...?
YOUNG ATTORNEY
Yessir.
CONCANNON
Good. What else do you do?
YOUNG ATTORNEY
...get the records of his testimony
in the twelve malpractice cases.
Concannon nods, meaning "that is correct." He turns, exiting
with his ENTOURAGE. Over his shoulder:
CONCANNON
Do it. We'll be at Locke-Obers.
INT. GALVIN'S APARTMENT SITTING ROOM - NIGHT
Dr. Thompson in shirt sleeves, attentive, stands against a
sideboard. Mickey Morrissey, seated, in an armchair. Grilling
him.
DR. THOMPSON
They gave her the wrong anesthetic.
MICKEY
Why is that?
DR. THOMPSON
(starting on reciting
a list)
Her sister said she ate one hour
prior to admittance...she...
MICKEY
...that's what the sister said.
The chart said she ate nine hours
prior to...
DR. THOMPSON
...she went in complaining of
stomach cramps. Good doctor would
have doubted the information on
the chart.
MICKEY
Is that what a good doctor would
do? How old are you, please?
DR. THOMPSON
I am seventy-four years old.
MICKEY
What qualifies you as an expert in
anesthetics?
DR. THOMPSON
I am on the staff of...
MICKEY
Easthampton Hospital for Women.
Excuse me, what is that, a joke?
Let me tell you something, Doctor,
those men at Catherine Laboure.
Men who are known not only in this
city, but the world, were trying
to save a woman's life. They were
there, and here you are, four years
later, read some hospital report,
and say...
DR. THOMPSON
...I made a detailed physical
examination of the patient, Sir,
yesterday evening, I...
Mickey drops his belligerent attitude. Turns to someone behind
him.
ANGLE
The two men, Galvin standing behind Mickey, smoking. He nods.
MICKEY
(to Dr. Thompson,
casually)
She getting good care over there?
DR. THOMPSON
Actually, yes. It's by no means
bad, I...
MICKEY
(grilling him again)
Then what good would it do to ruin
the reputation of two men, to help
a girl whose life's not going to
be changed in the least? You
know what CODE BLUE means?
DR. THOMPSON
'Code Blue'...
MICKEY
It's a common medical term.
Mickey half-turns to Galvin, shrugs minutely, meaning, "We're
in trouble."
INT. LAURA'S HOTEL ROOM - NIGHT
Hotel room door SEEN from the inside.
The handle starts to turn.
ANGLE
Galvin coming through the door. He looks at Laura, tiredly
closes the door behind him, hangs up his coat in the closet,
moves into the room. As Galvin walks into the room, the CAMERA
PRECEDES him and TURNS so that WE NOW SEE them BOTH.
GALVIN
We're going to lose.
A beat. Galvin looks out the window and then looks back to
Laura.
GALVIN
Do you think it's my fault?
LAURA
Isn't there something you...
GALVIN
That's not the question. It's
over. (beat) Do you think that
it's my fault? If I'd...if I'd...I
never should have taken it. There
was no way that I was going to
win.
LAURA
You're talking like a drunk.
GALVIN
That's what I am.
Beat.
LAURA
And it's over...?
GALVIN
Yes.
LAURA
Well, then what are you doing here?
GALVIN
I...do you want me to leave?
LAURA
You do what you want. You want to
leave...You want to go kill
yourself?
GALVIN
I...
LAURA
You want me to tell you it's your
fault? It probably is. What are
you going to do about it? (beat)
I thought it's not over till the
jury comes in.
GALVIN
Who told you that?
LAURA
You told me so. Maybe you'd get
some sympathy. You came to the
wrong place.
GALVIN
And what makes you so tough?
LAURA
Maybe I'll tell you later.
GALVIN
Is there going to be a later...?
LAURA
Not if you don't grow up...
GALVIN
If I don't 'grow up...'
LAURA
You're like a kid, you're coming
in here like it's Saturday night,
you want me to say that you've got
a fever -- you don't have to go to
school...
GALVIN
(shakes head sadly)
You, you don't under...
LAURA
Oh, yes, I do, Joe. Believe me.
You say you're going to lose. Is
it my fault? Listen! The damned
case doesn't start until tomorrow
and already it's over for you!
GALVIN
It's over!
LAURA
What is your wife's picture doing
by the side of your...
GALVIN
What is that to you...?
LAURA
What would you like it to be to
me...? I, I, I can't invest in
failure.
Galvin gets up hurriedly.
GALVIN
Excuse me, I've...
He hurries out of the room. CAMERA FOLLOWS him into the
bathroom, he shuts the door, his chest heaves convulsively.
He can't catch his breath...Beat. We hear a knock on the door.
LAURA (VOICE OVER)
Joe... (beat) Joe...
GALVIN (SCREAMING)
Stop pressuring me...
The door opens, Galvin is still trying to catch his breath.
Laura enters.
LAURA
You're pressuring yourself...
GALVIN
(shaking head,
utterly denying
her)
No...no...
LAURA
Yes. (beat) We've all got to let
go.
INT. "D. KAYE" SIGN - COURTROOM CORRIDOR - DAY
Galvin coming down the corridor with Sally Doneghy. They stop
by a door on which the card reads: "PART III. DEBORAH ANN
KAYE V. ST. CATHERINE LABOURE HOSPITAL ET AL."
INT. COURTROOM - DAY
They enter the courtroom. CAMERA FOLLOWS them in. The room
one-quarter filled. Concannon at the defense table with the
Defendants, a Black Lawyer, entourage. Galvin stops.
GALVIN (TO SALLY)
I'm going to do the best I can for
you and your sister. I know what
it means to you. Believe
me...(beat) It means that much to
me.
He turns away, walks toward the front of the courtroom, glances
toward the jury box.
ANGLE - P.O.V.
The Jury, somber, controlled, dignified.
ANGLE
Galvin continuing to the defense table, Mickey Morrissey already
seated, studying notes on a yellow legal pad. Galvin sits.
Mickey looks up.
MICKEY
How are you holding up?
GALVIN
I'm swell.
MICKEY
And all we've got is a witch doctor!
GALVIN
Yeah.
The BAILIFF enters, some SPECTATORS, knowing the routine, start
getting to their feet.
MICKEY
Look at it this way: it's
refreshing every time a Doctor
takes the stand he's not a Jew.
We hear the Bailiff's "All rise."
ANGLE
The COURTROOM getting to its feet as JUDGE WILLIAM B. HOYLE
enters.
The Bailiff, as the Judge sits:
BAILIFF
Hear ye, hear ye, hear ye, all
persons having anything to do before
the Honorable, the Justices of the
Superior Court now sitting at Boston
within and for the County of
Suffolk, draw near, give your
attendance and you shall be heard.
God save the Commonwealth of
Massachusetts.
The Courtroom is seated. JUDGE motions to the CLERK, who stands
and reads:
CLERK
Deborah Ann Kaye versus St.
Catherine Laboure, Robert S. Towler,
M.D. and Sheldon F. Marx, M.D.
ANGLE - CLOSEUP
GALVIN at Plaintiff's table, looking down at notes.
JUDGE
Is the Plaintiff ready?
GALVIN (LOOKING UP)
Ready, your Honor.
JUDGE
Defense...?
CONCANNON
Ready for the Defense, your Honor.
ANGLE
The Courtroom. P.O.V. JUDGE.
JUDGE
Let's begin.
Galvin gets to his feet. Walks over to the JURY. Looks at
them, appraising. He pauses as before a great effort. Takes
a breath. Exhales.
GALVIN
It's a terrible thing to sit in
judgment. So much rides on it. I
know that you've thought, 'How
can I be pure. How can I be
impartial without being cold. How
can I be merciful and still be
just?' And I know that most of
you have said some sort of prayer
this morning to be helped. To
judge correctly. We have the
reputation of two men. Two well-
respected doctors and a renowned
hospital before us. And with those
two respected men we have my client,
Deborah Ann Kaye...(beat) ...who
was deprived of sight, of
locomotion, hearing, speech, of
everything, in short, which
constitutes her life. (beat) We
are going to prove she was deprived
through negligence. (beat) Through
the negligence of those respected
men. We will show: One...
INT. ARCHBISHOP'S HOUSE - CORRIDOR-DAY
A lavishly appointed corridor. Alito and BILLY, the YOUNG
LAWYER from Concannon's office, walking slowly down the
corridor.
ALITO
Why did he go to see Mary Rooney?
YOUNG LAWYER
She's the only nurse who isn't
testifying for the Doctors.
ALITO
What did he find?
YOUNG LAWYER
Nothing.
ALITO
How good's your intelligence?
YOUNG LAWYER
Very good.
ALITO
And so what is the rest of his
case aside from Dr. Thompson?
YOUNG LAWYER
As far as we know, nothing.
Alito nods, they stop outside a large double door.
ALITO
Thank Mr. Concannon for me. Please
tell him I'll see him at his office.
Alito knocks on the door. The door is opened by a YOUNG PRIEST.
Alito nods to the Young Lawyer, enters the Bishop's study.
The door is closed behind him.
INT. COURTROOM - DAY
The jury box. One JUROR leans over and makes a whispered
comment to another. The SECOND JUROR nods, inclines his head
toward the witness box.
ANGLE
DR. Thompson on the stand. Composed, waiting. Concannon
consulting his notes.
CONCANNON
Dr. Thompson, just so the Jury
knows, you never treated Deborah
Ann Kaye. Is that correct?
DR. THOMPSON
That is correct. I was engaged to
render an opinion.
CONCANNON
Engaged to render an opinion. For
a price. Is that correct? You're
being paid to be here today?
DR. THOMPSON
Just as you are, Sir...
CONCANNON
Are you board-certified in
anesthesiology, Doctor?
DR. THOMPSON
No, I am not. It's quite common
in New York State...
CONCANNON
...I'm sure it is, but this is
Massachusetts, Doctor. Certified
in Internal Medicine?
DR. THOMPSON
No.
CONCANNON
Neurology?
DR. THOMPSON
No.
CONCANNON
Orthopedics?
DR. THOMPSON
I'm just an M.D.
CONCANNON
Do you know Dr. Robert Towler...?
DR. THOMPSON
I know of him.
CONCANNON
How is that?
DR. THOMPSON
Through, through his book.
CONCANNON
What book is that?
DR. THOMPSON
Meth...Methodology and Technique...
CONCANNON
...of Anesthesiology?
DR. THOMPSON
`Methodology and Techniques of
Anesthesiology.' Yes.
CONCANNON
How old are you?
DR. THOMPSON
I am seventy-four years old.
CONCANNON
Uh-huh. Still practice a lot of
medicine?
DR. THOMPSON
I'm on the staff of...
CONCANNON
Yes, we've heard that. Doctor:
you testify quite a bit against
other physicians? Isn't that right?
You, you're available for that?
When you're paid to be there?
DR. THOMPSON
Sir. Yes. When a thing is
wrong...as in this case, I am
available. I am seventy-four years
old, I am not board-certified. I
have been practicing medicine for
forty-six years and I know when an
injustice has been done.
CONCANNON
Do you, indeed. I'll bet you do.
Fine. Fine. We'll save the court
the time. We will admit the Doctor
as an `expert witness,' fine.
Concannon sits.
JUDGE
(in undertone, to
Bailiff)
Do we have time this morning
to...(glances at watch, Bailiff
nods to him) All right. Mr. Galvin,
you want to continue now, or we
can resume with Dr. Thompson this
afternoon.
GALVIN (RISING)
Thank you, your Honor, I'll
continue. Dr. Thompson. Did you
examine Deborah Ann Kaye last night
at The Northern Chronic Care
Facility?
DR. THOMPSON
I did.
CONCANNON
Objection.
JUDGE
Sustained. Yes. The witness will
confine his testimony to review of
the hospital records.
GALVIN
What?
JUDGE
(patronizing)
I believe that's the law...is it
not, Mr. Galvin...?
A beat.
GALVIN
Dr. Thompson. From your review of
the hospital records of May twelfth
nineteen seventy-six. In your
opinion, what happened to Deborah
Ann Kaye?
DR. THOMPSON
Cardiac arrest. During delivery
her heart stopped. When the heart
stops the brain's deprived of
oxygen. You get brain damage.
That is why she's in the state
she's in today.
GALVIN
Now, Dr. Towler's testified that
they restored the heartbeat within
three or four minutes. In your
opinion is his estimate correct?
DR. THOMPSON
It's my opinion it took him much
longer. Nine...ten minutes.
There's too much brain damage.
The Judge leans over.
JUDGE
(to Dr. Thompson)
Are you saying that a failure to
restore the heartbeat within nine
minutes in itself constitutes bad
medical practice?
DR. THOMPSON
Well...
GALVIN
Your Honor!
He has shouted unconsciously; the whole Courtroom turns to
look at him.
JUDGE
Yes, Mr. Galvin?
GALVIN
If I may be permitted to question
my own witness in my own way...
JUDGE
I'd just like to get to the point,
Mr. Galvin. Let's not waste these
people's time. Answer the question,
Mr. Witness. Please. Would a
nine-minute lapse in restoring the
heartbeat in and of itself be
negligence?
DR. THOMPSON
I...in that small context I would
have...I would have to say 'no.'
JUDGE
Then you're saying there's no
negligence, based on my question?
DR. THOMPSON
I...given the limits of your
question, that's correct.
JUDGE
The Doctors were not negligent.
DR. THOMPSON (BEAT)
I...um...
The Judge shrugs, meaning, "Well then what in the hell are we
doing here?"
ANGLE
Galvin, furious.
ANGLE
The Judge and Witness.
JUDGE
Thank you.
The Witness starts to step down. Galvin strides over to him
and speaks to the Judge.
GALVIN
I'm not through with the witness,
your Honor. With all due respect
if you are going to try my case
for me I would appreciate it if
you wouldn't lose it.
The Judge stands, furious.
JUDGE
Thank you. I think that's enough
for this morning. I'll see the
Plaintiff's Counsel in my chambers.
Now, please.
The Courtroom rises. The Bailiff is heard, "All rise, court
is adjourned until one o'clock."
INT. JUDGE SWEENEY'S CHAMBERS - DAY
Galvin, furious, standing against the wall. The Judge comes
in from his own entrance, shucking his robe. Equally angry.
JUDGE
I got a letter from the Judge
Advocate's office on you today,
fella, you're on your way out...They
should have kicked you out on that
Lillibridge case. Now this is it
today.
GALVIN
I'm an attorney on trial before
the bar. Representing my client.
My client, do you understand? You
open your mouth and you're losing
my case for me.
JUDGE
Listen to me, fella...
GALVIN
No, no, you listen to me. All I
wanted in this case is an even
shake. You rushed me into court
in five days...my star witness
disappears, I can't get a
continuance, and I don't give a
damn. I'm going up there and I'm
going to try it. Let the Jury
decide. They told me Sweeney he's
a hard-ass, he's a defendant's
judge. I don't care. I said, the
hell with it. The hell with it.
I'll take my chances he'll be fair.
Galvin is pacing. Beat.
JUDGE (CONCILIATORY)
Galvin, look, many years ago...
GALVIN
And don't give me this shit, 'I
was a lawyer, too.' 'Cause I know
who you were. You couldn't hack
it as a lawyer. You were Bag Man
for the Boys and you still are. I
know who you are.
JUDGE
(beat; barely
controlling anger)
Are you done?
GALVIN
Damn right I'm done. I'm going to
ask for a mistrial and I'm going
to request that you disqualify
yourself from sitting on this case.
I'm going to take a transcript to
the State and ask that they impeach
your ass.
JUDGE
You aren't going to get a mistrial,
boy. We're going back this
afternoon, we're going to try this
case to an end. Now you get out
of here before I call the Bailiff
and have you thrown in jail.
INT. JUDGE'S CHAMBERS CORRIDOR-DAY
Galvin walking down the corridor, hav-ing just come from the
Judge's Cham-bers. Sally Doneghy comes up to him.
SALLY
What does it mean? (beat) I...I
mean we, you have other tactics...
GALVIN
We, yes. Yes. They, they present
their side, and I get the same
chance. To cross-examine... to...
to...
SALLY
Are we going to win? (beat,
desperately needing to trust) We
have, you know, other tactics,
though...
GALVIN
Yes.
She nods. Beat. Walks off. Galvin turns to the open door to
the Courtroom, through which the SPECTATORS are reentering for
the afternoon session. Mickey is standing by the door, he
catches Galvin's eye. They look at each other a moment.
INT. COURTROOM - DAY
Dr. Towler on the witness stand. Concannon walking away from
him.
CONCANNON
No further questions.
ANGLE
Galvin at the Plaintiff's table, hastily scribbling notes, he
looks up. Gets to his feet, walks over to Dr. Towler in the
witness box, the CAMERA MOVES WITH him.
GALVIN
Dr. Towler...
TOWLER
Yes.
GALVIN
You have a record of what happened
in the operating room...
TOWLER
Yes, that's correct.
GALVIN
...there are notations every thirty
seconds...
TOWLER
Yes.
GALVIN
...of the procedures...
TOWLER
Yes, the roving nurse...
GALVIN
But those notations stop...(consults
notes) ...four-and-one-half minutes
after Deborah Ann Kaye's...
TOWLER
We, we were rather busy...
GALVIN
Four-and-one-half minutes after
her heart stopped. (beat) And
they resume seven minutes...
TOWLER
As I've said we had some more...
GALVIN
...they start again three minutes
earlier...
TOWLER
We had rather more important things
on our mind than taking notes.
(beat) We were trying to restore
her...
GALVIN
What happened in those three...
TOWLER
...we were trying to restore her
heartbeat.
GALVIN
What happened in those three
minutes...?
TOWLER
(beat; controls
himself)
We'd gone to 'Code Blue,' we were
administering electro...
GALVIN
Why did it take that long to get
her heartbeat...
CONCANNON
(voice over)
Objection, we've...
GALVIN
...to get her heartbeat back...?
CONCANNON (VOICE OVER)
We've touched on this, his own
witness has said...
GALVIN (OVERRIDING HIM)
...almost nine minutes... causing
brain damage.
CONCANNON
Your Honor...! Your Honor...
TOWLER
Brain damage could have been...it
didn't necessarily take nine
minutes, it could have been caused
in two...
GALVIN
Wait, wait, wait, you're saying
that her brain damage could have
been caused by her being deprived
of oxygen for two minutes...?
TOWLER
Yes.
GALVIN (CONTEMPTUOUS)
Huh. And why is that?
TOWLER
Because she was anemic. (beat)
It's right there on her chart.
Her brain was getting less oxygen
anyway...
Galvin is struck dumb. He has just made a terrible error. He
looks at Mickey.
ANGLE - P.O.V. Mickey looks at Galvin. He shakes his head
sadly.
INT. COURTHOUSE CORRIDOR - DR. THOMPSON - DUSK
The last of the spectators coming out of the court. Galvin
and Dr. Thompson are standing there.
DR. THOMPSON
I didn't do too well for you.
GALVIN
No, you did fine.
DR. THOMPSON
I'm afraid that's not true. (beat)
Will you want me to stay on till
Monday?
GALVIN
No. No thank you, Doctor. You go
home.
DR. THOMPSON
You know...sometimes people can
surprise you. Sometimes they have
a great capacity to hear the truth.
GALVIN
Yes...I...yes.
They shake hands. Dr. Thompson walks off. Stops.
DR. THOMPSON
You sure you don't want me to stay
on.
GALVIN
No. No. Thank you. You go home.
Mickey walks out of the courtroom arranging papers in his
briefcase.
MICKEY
I'm going back to the office.
He walks off leaving Galvin standing there alone. Laura comes
out of the courtroom. Tentatively, she looks around. Comes
up to him.
EXT. COURTHOUSE - STREET - DUSK
Laura and Galvin walking.
LAURA
Is it over?
GALVIN
No.
LAURA
What are you going to do?
GALVIN
I don't have a goddamned idea.
INT. GALVIN'S OFFICE - NIGHT
Galvin pacing. Mickey seated. Morose.
GALVIN
Okay. What do you do when you
don't have a witness?
MICKEY
(reciting a
catechism;
dispiritedly)
You use their witness.
GALVIN
That's right.
MICKEY
I think we tried that. The case
is over.
Galvin continues pacing. He will not hear what was just said.
MICKEY
And how the fuck...You broke the
first law that they taught you in
law school. You never ask a
question you don't know the answer
to. (beat) Frankie, wake up. You
got your own expert witness says
there was no negligence. It's
over. Period. There'll be no
other cases...
Galvin turns on him, animal-like.
GALVIN
There are no other cases. This is
the case. (beat) Now you decide...
(beat) Are you in or out...?
INT. CONCANNON'S OFFICE - NIGHT
Soft, dim lights. Concannon sitting on a couch. He holds a
red-backed file document. His listener is unseen.
CONCANNON
I know how you feel. I know you
don't believe me, but I do. I'm
going to tell you something I
learned when I was your age. I
had prepared a case. Mr. White
asked me, 'How did you do.' (beat)
I said, 'I've done my best.' He
said, 'They don't pay you to do
your best. They pay you to win.'
(beat) That's what pays for this
office. (beat) And that's what
pays for the pro bono work that we
do for the poor. And for the kind
of law that you want to practice.
And that's what pays for your
clothes and my whiskey, and the
leisure that we have to sit back
and discuss philosophy. (beat)
As we're doing tonight. (beat)
We're paid to win the case.
ANGLE - CONCANNON AND LAURA
Laura sitting across from him, impassive.
CONCANNON
You finished your marriage. You
wanted to come back and practice
law. You wanted to come back to
the world.
A beat. He hands the red-backed document to her.
ANGLE - THE DOCUMENT
stamped CONCANNON, BARKER, WHITE. Confidential. Eyes only.
CONCANNON (VOICE OVER)
Welcome back.
INT. LAURA'S HOTEL ROOM/CORRIDOR - NIGHT
A lonely middle-class hotel corridor. HOLD. HOLD. Laura,
tired, enters the corridor from the side and proceeds away
from the CAMERA. The CAMERA FOLLOWS her to her door. She
stops, takes out her key, tiredly opens the door.
INT. LAURA'S HOTEL ROOM - NIGHT
Laura opening the door, looks down, sees something, bends down
to pick it up. Straightens up.
ANGLE - INSERT
A hotel envelope, The Hotel Lincoln - Boston, Mass. on the
letterhead. Laura's hands open the message, take out a sheet
of yellow legal paper.
ANGLE
Laura closes the door behind her, she does not turn on the
light, walks over to a couch by the window, sits down, all the
while reading the paper by the outside light. She lowers the
paper to her lap.
ANGLE - INSERT
The legal sheet. It reads, handwritten:
Laura. I'm going to try. When this is over can we go away?
Joe.
INT. GALVIN'S OFFICE - NIGHT
Mickey on his feet, pacing. Galvin at a blackboard on which
is written, "Dr. Towler. Dr. Marx. Admitting Form.
Anaesthesia." Etc.
GALVIN
Why doesn't Mary Rooney testify?
Mickey shakes his head.
GALVIN
Are you with me...are you awake...?
MICKEY
Yeah. I'm awake.
GALVIN
Rooney's protecting someone. Who
is she protecting?
MICKEY
The Doctors.
GALVIN
She's protecting the Doctors she'd
be up there on the stand...
MICKEY
(listlessly)
Read me what she said.
Galvin flips through his notes. Reads.
GALVIN
`You guys are a bunch of
whores...uh...loyalty...you don't
care who gets hurt...you don't
have any loyalty...'
MICKEY
...one of the other nurses?
GALVIN
Who? They're all testifying.
Everybody who was in the O.R.'s
going to take the stand.
MICKEY
All right. Who wasn't in the O.R.?
GALVIN
What difference can that make...?
All right...
He starts checking the charts. Sighs. "This is useless..."
GALVIN
Uh...the admitting nurse...
MICKEY
What did she do?
GALVIN
She didn't do anything. She took
the patient's history and signed
the charts. 'K.C.' (looks in the
notes for what the initials signify)
'Kathy Costello...'
MICKEY
The 'History'...?
GALVIN (EXPLAINING)
How old are you, how many children
... when did you last eat ...
INT. ST. CATHERINE LABOURE HOSPITAL CORRIDOR - NIGHT
Mary Rooney and another Nurse walking down the corridor carrying
foil-covered dishes of food, chatting.
ANGLE
Galvin watching them from behind a corner.
ANGLE
The Nurses come to the corner, Galvin walks past. "Notices"
Rooney. Stops.
GALVIN
Miss Rooney. Oh. Listen. (beat)
I understand what you are doing.
And I want you to know it's all
right.
He nods, starts off in the direction he was going in.
ROONEY
What are you talking about?
Galvin turns, confused. Goes back to her. Warmly,
conciliatory.
GALVIN
About Kathy Costello. (beat) I
understand, and I don't blame you
for shielding her.
A beat.
Mary Rooney motions the other Nurse to go away. She steps
closer to Galvin.
GALVIN
I spoke to her, and everything is
all right.
ROONEY
I, what are you talking about? I
talked to her this morning, and
she said...
GALVIN (NODS)
She told me.
ROONEY (CREDULOUS)
She did?
GALVIN
I just saw her.
ROONEY
In New York?
GALVIN
What?
ROONEY
You saw Kat in New York...
(beat) ...or is she in town?
Is she in town...?
Beat. It occurs to her that she's been duped, as Galvin starts
off hurriedly down the hall.
INT. GALVIN'S OFFICE BUILDING CORRIDOR - NIGHT
Laura. SEEN from the back, walking down the corridor. CAMERA
FOLLOWS her. She stops outside Galvin's door. She turns. We
SEE she is carrying a tray of coffee containers. She opens
door. CAMERA FOLLOWS her INTO the office. Mickey is on the
phone in the vestibule, Galvin is on the phone in his office.
He is just hanging up.
GALVIN
Thank you. I'm sorry.
Laura starts distributing coffee. Galvin shouts to Mickey in
the far room.
GALVIN
We don't have anything from the
Nurse Association?
MICKEY
The broad has disappeared...
GALVIN
The Hospital...?
Laura goes into Galvin's office with coffee. CAMERA FOLLOWS
her.
MICKEY
No records since she quit in '76.
She quit two weeks after the
incident.
Laura hands coffee to Galvin.
GALVIN
Thank you.
LAURA
I have to talk to you.
GALVIN (TO MICKEY)
Call the A.M.A. to Laura)
...I can't talk now.
(to Mickey)
...tell them you're Dr.
Somebody...you have to find this
nurse...
MICKEY
...yeah...good...
GALVIN
...you need some old forms that
she had...somebody's dying...
Galvin picks up the telephone. Looks down to telephone book
in front of him, open on desk.
ANGLE - P.O.V.
New York City telephone directory. Two columns of COSTELLO's.
Thirty of them crossed off. Galvin on the phone.
GALVIN (VOICE OVER)
Hello, Mrs. Costello...
ANGLE - GALVIN ON THE PHONE
GALVIN
Sorry to bother you so late.
Laura goes over to the couch, sits. Lights a cigarette.
GALVIN
This is Mr. Goldberg in Accounting.
We have some money here for
you...This is the Mrs. Costello
that used to be a nurse? (beat)
I'm sorry. I think we have our
records mixed up.
ANGLE
Laura sitting on the couch. Tense. Smoking.
GALVIN
Are you related to Kathy Costello,
the R.N.?...I'm sorry...
We hear Mickey on his phone.
MICKEY (VOICE OVER)
Hello, this is Dr. Dorchester in
Boston. This is an emergency. A
nurse left my employ...
ANGLE
Laura on the couch. Galvin dialing the phone. Mickey HALF-
SEEN in the next room.
MICKEY
...four years ago...
GALVIN
Hello. This is Mr. Dorchester in
Records. We're looking for Kathy
Costello...
MICKEY
(voice over; in the
other room, shouting)
I need a cigarette! (resumes on-
the-phone tone) She left my office
four years ago, we're looking for
a chart... (covers phone; again
shouts) I need a cigarette...
Laura looks around the desk, picks up one then another pack,
crushes them, empty. She nods to herself, picks up her coat
off the couch in the anteroom, and starts down the hall. Going
through the door, she turns, looks back.
ANGLE - P.O.V.
Galvin in the inner office, on the phone.
GALVIN
Thank you. I'll hold.
He looks up. Sees Laura, gives her a half-smile.
INT. GREASY SPOON - NIGHT
Near the cash register of an all-night diner in the business
district, the deserted streets outside. Laura -- standing
next to a wall phone, exhausted. She is handed a cardboard
tray with three coffees on it and two packs of Pall Malls and
some change by the Proprietor. She takes the change and turns
her head to look at the telephone.
INT. GALVIN'S OFFICE - NIGHT
Mickey asleep on the couch, coffee containers around him, an
ashtray full of butts. Beat. We hear a telephone being dialed.
ANGLE
Galvin, exhausted, smoking, on the telephone.
GALVIN
Hello. This is Ross Williams.
I'm calling from California. I'm
sorry. I know it's late in the
East, but this is an emergency.
May I please speak to Kathy
Costello? (beat) I'm sorry. My
records must be confused. This is
the family of Kathy Costello...?
Please excuse it.
He hangs up. Reaches for a bottle of whiskey on his desk.
Pours a shot into a glass. Downs it. His attention is caught
by something across the room.
ANGLE - P.O.V.
Laura asleep on the couch, covered in Galvin's overcoat.
ANGLE
Galvin looks gratefully at her. He begins dialing the phone.
INT. GALVIN'S OFFICE - VESTIBULE - DAY
A small bundle of mail is pushed through the vertical slot and
falls to the floor.
ANGLE
Interior office. Early morning. Galvin asleep with his head
on his desk. Mickey asleep in a chair. Laura asleep on the
couch, covered with Galvin's overcoat. Galvin wakes up,
startled by the sound of the mail dropping. He picks up the
phone mechanically. He realizes it is morning and he has been
asleep. He replaces phone. He surveys the office. Dead,
resigned. He closes the phone book. He reaches in a pack of
cigarettes on the desk. It is empty. He roots in the ashtray
for a long butt. This disgusts him. He rejects it. Rubs his
eyes. Gets up. Goes to the window, stares out. Looks back
at the scene in his office. It is over. He stands by Laura
and looks down at her, he looks at Mickey. He has let them
down. He goes to a cabinet under the lawbooks and takes out a
bottle of whiskey and a water glass. He walks into the
anteroom. Sighs, sits on the couch near the door. Glances at
the several letters that have just fallen through the slot.
He pours a half-tumbler full of whiskey, and drains it. He
refills the tumbler. He absently picks up the mail and starts
mechanically sorting through it. He stops at an official-
looking piece.
ANGLE - P.O.V.
The letter, return address MASSACHUSETTS BAR ASSOCIATION.
URGENT.
He lethargically opens the letter. On Bar Association
letterhead, it reads: "You are directed to appear on January
15th to show cause why you should not be disbarred. You are
permitted to be represented by counsel of your choice, and..."
ANGLE
Galvin reading the letter. He crumbles it and throws it into
the wastebasket. He looks at the next letter and skims it
into the wastebasket. He looks at the next letter and stops.
ANGLE - P.O.V.
It is a phone bill.
EXT. MARY ROONEY'S TENEMENT - DAY
Galvin hurrying up the steps of the tenement. CAMERA FOLLOWS
him into the vestibule. It is Mary Rooney's tenement.
INT. MARY ROONEY'S TENEMENT VESTIBULE - DAY
He stops by the mailboxes, bends over to read the names.
ANGLE - P.O.V.
The mailboxes: Swoboda; Murch; M. Rooney.
ANGLE
Galvin straightens, looks around the vestibule, takes heavy
letter opener from his jacket pocket and pries open the Rooney
mailbox. He extracts letters and rifles through them.
ANGLE - P.O.V.
Mary Rooney's phone bill.
INT. DRUGSTORE - DAY
Galvin in an old-fashioned sit-down phonebooth in a drugstore.
He is dialing the phone, holding the phone bill. The operator
answers, he starts dropping change into the slot.
ANGLE
The phone bill opened. It reads, "Rooney, Mary A. 263 Church
Street, Arlington, Mass." Various local charges. One call to
Chicago. One call to Fort Lauderdale. Eight calls to New
York. The calls to New York are circled in pen.
FEMALE
(voice over; on
phone)
Hello.
ANGLE
Galvin on the phone.
GALVIN
Hello, I'm calling from...
VOICE
(voice over)
If you're selling something, I'm
late for work...
GALVIN
I'm calling from Professional Nurse
Quarterly...
VOICE
From the magazine?
GALVIN
This is Mr. Wallace in
Subscriptions?
VOICE
How come you're calling me from...?
GALVIN
This is Miss Costello...?
VOICE (VOICE OVER)
Yes. Price...
GALVIN
Pardon?
VOICE
Kathy Price.
GALVIN
We find that your subscription
lapsed...
VOICE
(voice over; laughs)
My subscription lapsed three years
ago...
GALVIN
That's why I'm calling, Miss
Price...
VOICE
Missus...
GALVIN
We have a renew-your-subscription
offer...
VOICE
We get it at work. We get the
magazine at work.
GALVIN
Yes, we know that you do. I have
it in my files. That's at the
Manhattan Health Center...
VOICE
No. At Chelsea Childcare. Okay.
Look, call me Monday, hey? I'm
late for work.
ANGLE
Galvin scribbles on pad as we hear Kathy hanging up. "Kathy
Price. Chelsea Childcare."
INT. EASTERN AIRLINES TERMINAL - BOSTON - DAY
Galvin hurrying across the lobby. Stops by DO IT YOURSELF
SHUTTLE TICKET COUNTER. Takes form, starts to write on it.
ANGLE - P.O.V.
The form "BOSTON - NEW YORK SHUTTLE. SELF SERVICE TICKET."
Galvin filling in his name and address in pencil.
INT. GALVIN'S OFFICE - DAY
Laura asleep on the couch. Mickey asleep on the other couch.
The phone is ringing. She wakes up. Looks around. Goes
groggily to phone, answers.
LAURA (ON PHONE)
Hello? Mr. Gal...where are you...?
Mickey wakes up, looks around.
LAURA
You're going to New York?
I...you're kidding...Because I'm
going to New York. (beat) I just
got a call. I have to go sign
papers. About my divorce.
I...good. Frank. We'll meet there.
All right?
Mickey has woken up. Swings his feet to the floor. Picks up
a pack of cigarettes. Crushes it. It is empty.
LAURA
Can we meet there, Joe?
Mickey gets to his feet.
MICKEY (TO LAURA)
You got a cigarette...?
She shrugs, "I don't know..."
LAURA
At the Beacon. On Fifty-third
Street...we can spend the night.
Mickey has gone over to Laura's purse. Opens it, rummaging.
Comes up with a pack of cigarettes. He sees something in the
purse. Stops.
ANGLE - P.O.V.
The open purse. The red-backed legal form. The letterhead
reads, "CON-CANNON, BARKER, WHITE," stamped huge across it in
black: "CONFIDENTIAL. EYES ONLY!!!" Mickey takes out the
form, turns page. It reads, "Report on Joseph Galvin," lists
haunts, habits, and is heavily notated in various types of pen
and pencil.
LAURA
(voice over; on
phone)
At around four...?
ANGLE
Mickey replacing the form and the cigarettes. He recloses the
purse. He turns to her. She has seen nothing.
LAURA
I feel the same way, Joe...I'll
see you this afternoon?
She hangs up.
MICKEY
You got any cigarettes?
EXT. CHELSEA CHILDCARE - DAY
Two very young children walk across a play area. The door to
the play area opens and Joe Galvin, in overcoat, comes in. He
looks around the room, starts to walk across it. CAMERA PANS
WITH him to REVEAL a woman, KATHY, who is comforting a crying
child. Galvin walks over to her. Stands a respectful distance
away. She sees him watching her, looks up.
KATHY
Hi.
GALVIN
Hi. How are you doing?
She nods, happy to be working with the child.
GALVIN
I've been meaning to come in a
long time.
KATHY
You live in the neighborhood?
GALVIN
Uh-huh. My nephew's going to be
staying with us in a few months,
so I stopped by.
KATHY
How old is he?
GALVIN
Four. You're great with these
kids.
She beams, caught unprepared in something that is a great point
of pride with her.
KATHY
Thank you.
GALVIN
You're really...(stops, remembering
something) You, are you the one
they told me was the nurse?
KATHY
Who told you that?
GALVIN
(gestures back at
the office, vaguely)
Mrs...
KATHY
Mrs. Simmonds.
GALVIN
Yes.
KATHY
(very serious,
correct)
I used to be a nurse.
GALVIN
That's a wonderful profession. My
daughter-in-law's a nurse. What
did you do, stop?
Kathy is lost in thought. This is obviously a very painful
subject for her. Beat.
KATHY
Yes.
Galvin, getting involved in a serious conversation, takes off
his overcoat, he is going to stay awhile.
GALVIN
How come you stopped?
She is traumatized by the question. The casual conversation
has become immediate and painful. She opens her mouth to speak,
then stops, staring at Galvin. He doesn't know what she is
staring at...something on his jacket. He looks down.
ANGLE - KATHY'S P.O.V.
The shuttle ticket, BOSTON - NEW YORK, stuck in the lapel pocket
of Galvin's suitcoat.
ANGLE
Kathy and Galvin. She realizes why he is there. She starts
to cry quietly.
GALVIN
(beat; gently
dropping his
pretense)
Will you help me?
INT. NEW YORK HOTEL RESTAURANT -DAY
The restaurant fairly deserted after the lunch crowd. Empty
tables -- crisp linen, Laura alone at a table, watching the
door, an untouched cup of coffee in front of her.
EXT. NEW YORK HOTEL - DAY
The doorman opens the door of a cab.
ANGLE
Mickey Morrissey standing in an alcove under the marquee,
looking out at the street.
ANGLE - P.O.V.
The street. Pedestrians. Joe Galvin comes walking hurriedly,
smiling, down the street.
ANGLE
Mickey starting down the steps, intercepts Galvin. Galvin
looks up, surprised.
GALVIN
What the hell are you doing here?
MICKEY
We got to talk.
He is moving Galvin off down the sidewalk, away from the Hotel.
CAMERA STAYS STILL, and their voices get fainter as they move
away.
GALVIN
What are you doing in New York...?
MICKEY
Come on, we'll get a cup of
coffee...
They continue walking. We cannot hear them. Galvin is becoming
agitated. He stops Mickey, stands there, Mickey very sad,
Galvin incredulous, talking to him. Mickey nods. Galvin starts
hurriedly back down the street toward the Hotel.
INT. NEW YORK HOTEL RESTAURANT - DAY
LONG SHOT of Laura seated at a table alone.
ANGLE
Galvin at the entrance to the restaurant looking at her. He
walks over to her slowly.
ANGLE - CLOSEUP
Laura, looks up, sees him, smiles. Her smile fades, she sees
that he knows.
ANGLE
Laura getting up from the table. We SEE her back, and Galvin
approaching. We SEE her shoulders
ANGLE
droop, beaten. He draws closer. Galvin comes up to her, his
face a mask of pain and confusion. She sighs, starts to speak.
Stops. Beat. They look at each other -- he starts to speak,
cannot. He knocks her to the floor, she upsets the table. A
large man at the next table starts to restrain Galvin.
LAURA
(as if in shock)
It's all right...it's all
right...it's all right...it's all
right...
INT. EASTERN SHUTTLE PLANE - NIGHT
Galvin and Mickey seated next to him, flying home in silence.
Mickey smoking a cigarette. Galvin stone-faced, beat.
MICKEY
I talked to Johnnie White at the
Bar Association. (beat) The broad
used to work for one of Concannon's
partners in New York awhile ago.
(beat; lamely) She wanted to move
to Boston. (beat) How badly did
she hurt us, Joe?
GALVIN
I don't know.
A beat.
MICKEY
We got a mistrial, you know. Joe --
did you hear what I said...?
GALVIN
I don't want a mistrial.
INT. MICKEY MORRISSEY'S HOUSE - DAY
The doorway to his study. A basketball game dimly SEEN in the
half-light. Mickey, o.s.:
MICKEY
He's not here. (pause) Yeah. I
don't know when. (pause) All
right.
Sound of him hanging up a telephone. He enters the frame
carrying a bottle of booze, goes through door into study.
CAMERA FOLLOWS
him INTO the room. The TV:
ANNOUNCER (VOICE OVER)
The Knicks are pressing
hard...(etc.)
He sits on a sofa opposite the television. Watches the game a
beat. Opens the fresh bottle of whiskey and pours a large
shot into the almost-empty glass in front of him. Looks to
his left. Reaches behind him to some glasses on a shelf, takes
one down, pours drink into the new glass, leans to his left,
CAMERA MOVES WITH him, and we SEE Galvin sitting in a deep
leather armchair, staring. Mickey offers him the drink. Galvin
becomes aware of him, shakes his head "no." Beat. Mickey
moves back into his seat, they both stare at the television.
INT. COURTROOM -- JUDGE'S P.O.V. - DAY
Half full of spectators.
ANGLE
Galvin gets up from Plaintiff's table, takes up a large book
as Dr. Towler takes the stands. He reads:
GALVIN
Dr. Towler; page 406,
'Contraindications to general
anaesthetic. Ideally a patient
should refrain from taking
nourishment up to nine hours prior
to induction of general
anaesthetic.' Does that sound
familiar?
DR. TOWLER
Yes. I wrote it.
Galvin shows the book.
GALVIN
'Practice and Methodology in
Anaesthesia.' General textbook on
the subject. Is that correct?
DR. TOWLER
I. Yes. It is.
GALVIN
And you wrote that...
DR. TOWLER
Yes.
GALVIN (READING)
...Page 414, 'If a patient has
taken nourishment within one hour
prior to inducement, general
anaesthetic should be avoided at
all costs because of the grave
risk the patient will aspirate
food particles into his mask.' Is
that what happened to Deborah Ann
Kaye? She aspirated into her mask?
DR. TOWLER
She threw up in her mask, yes.
But she hadn't eaten one hour prior
to admission.
GALVIN
If she had eaten, say one hour
prior to admission, the inducement
of a general anaesthetic...the
type you gave her... would have
been negligent...?
DR. TOWLER
Negligent. Yes...it would have
been criminal. But that was not
the case.
GALVIN
Thank you.
Galvin signals he is done. The Judge signals Dr. Towler to
leave the stand, which he does.
JUDGE
Mr. Concannon...?
CONCANNON
Nothing further, your Honor.
JUDGE
Mr. Galvin, rebuttal?
GALVIN
(to Bailiff)
Katherine Price.
The Bailiff calls out her name.
BAILIFF
Katherine Price...
ANGLE
Kathy at the back of the court, coming down the aisle. As she
passes the Defendant's table, Towler grabs Marx and starts
whispering frantically. Concannon looks on, ignorant of what
is happening. We hear Dr. Towler's "Oh, my God..."
ANGLE
Galvin surveys the courtroom, Kathy crosses in front of him,
takes the stand, we hear the Bailiff administering the formula
as we WATCH Galvin turn and look at the Jurors.
BAILIFF (VOICE OVER)
State your name please.
KATHY (VOICE OVER)
Katherine Lynn Price.
BAILIFF
D'you swear that the evidence you
are about to give will be the truth,
the...
ANGLE
The Bailiff swearing in Kathy.
BAILIFF
...whole truth and nothing but the
truth, so help you God?
KATHY
I do.
BAILIFF
Be seated.
Kathy sits, the Bailiff retires, Galvin walks over to her.
GALVIN
Kathy Price...
KATHY
Yes...
GALVIN
You were the Admitting Nurse at
St. Catherine Laboure Hospital on
May twelfth, nineteen seventy-six,
the night Deborah Ann Kaye was
admitted...
KATHY
Yes.
Galvin holds up a form.
GALVIN
You signed this form?
She looks closely at it. Is satisfied.
KATHY
Yes.
GALVIN
These are your initials, 'K.C.'?
KATHY
Kathy Costello. That's my maiden
name.
A beat.
GALVIN
D'you ask the patient when did she
last eat?
KATHY
Yes.
GALVIN
What did she say?
KATHY
She said she had a full meal one
hour before coming to the hospital.
GALVIN
One hour.
KATHY
Yes.
GALVIN
And did you write the numeral `one'
down on the record, standing for
one hour?
KATHY
I did.
GALVIN
A single hour.
KATHY
Yes.
Galvin walks away from the witness box. He looks at the jury.
He turns to look at the spectators. His thoughts are a million
miles away. Unconsciously he straightens his tie.
ANGLE
Galvin in front of the dead-still courtroom. He breaks his
reverie.
GALVIN (TO CONCANNON)
Your witness.
Concannon is on his feet as Galvin walks back to his table.
Concannon walks over to Kathy and begins forcefully:
CONCANNON
You are aware of the penalties for
perjury...?
KATHY
It's a crime.
CONCANNON
Yes. (beat) It is a crime. A
serious crime.
KATHY
I wouldn't do it.
CONCANNON
You would not...?
KATHY
No.
CONCANNON
In fact, you've just taken an oath
that you would not commit perjury.
You've just sworn to that. Isn't
that right?
KATHY
Yes.
CONCANNON
Just now...
KATHY
Yes.
CONCANNON
...sworn before God you would tell
the truth?
KATHY (BEAT)
Yes.
CONCANNON
Now. I'd like to ask you something:
four years ago, when you were
working as a nurse, are you aware
that Drs. Towler and Marx based
their treatment of Deborah Ann
Kaye on this chart that you signed
. . . ?
KATHY
I . . ..
CONCANNON
And wasn't that an oath...? These
are your initials here: K.C.
When you signed this chart you
took an oath. No less important
than that which you took today.
(beat) Isn't that right? (beat)
Isn't that right...?
KATHY
I...yes.
CONCANNON
Then, please, which is correct?
You've sworn today the patient ate
one hour ago. Four years ago you
swore she ate nine hours ago?
Which is the lie. When were you
lying?
KATHY
I...
CONCANNON
You know these doctors could have
settled out of court. They wanted
a trial. They wanted to clear
their names.
GALVIN
Objection!
CONCANNON
And you would come here, and on a
slip of memory four years ago,
you'd ruin their lives.
KATHY
They lied.
CONCANNON
`They lied.' Indeed! When did
they lie? And do you know what a
lie is?
KATHY
I do. Yes.
CONCANNON
(holding chart)
You swore on this form that the
patient ate nine hours ago.
KATHY
That's not my handwriting.
CONCANNON
You've just said you signed it.
KATHY
Yes, I, yes, I signed it, yes.
But I, I didn't write that figure.
CONCANNON
You didn't write that figure. And
how is it that you remember that
so clearly after four years?
KATHY
(taking a paper out
of her purse)
Because I kept a copy. I have it
right here.
She looks toward Galvin.
ANGLE
Galvin nods, meaning, "You did it perfectly."
ANGLE
Concannon, the Judge, Kathy.
CONCANNON
Objection! This is ri...expect us
to accept a photocopy, we have the
original right...
JUDGE
I'll rule on that presently. (beat)
Proceed.
Concannon is taken up short. Amazed at the Judge's reaction,
he pauses an instant.
JUDGE
Please proceed.
Concannon motions to Billy, the young lawyer, who nods in
response and starts whispering instructions to his colleagues
at the Defense table, who start leafing through their lawbooks.
Concannon takes up the fight again.
CONCANNON
...what in the world would induce
you to make a photocopy of some
obscure record and hold it
fouryears? This is a...why? Why
would you do that?
KATHY
I thought I would need it.
CONCANNON
And why, please tell us, would you
think that?
KATHY
After, after the operation, when
that poor girl, she went in a coma.
Dr. Towler called me in. He told
me he had five difficult deliveries
in a row and he was tired, and he
never looked at the admittance
form. (beat) And he told me to
change the form. He told me to
change the one to a nine. (beat)
Or else, or else, he said...(beat;
starts to cry) He said he'd fire
me. He said I'd never work
again....Who were these men...?
Who were these men...? I wanted
to be a nurse...
She is weeping copiously. A beat. She starts to get herself
under control.
CONCANNON
No further questions.
JUDGE
You may step down.
Beat. Kathy starts to get down. She looks to Galvin for
assurance. Galvin nods at her.
JUDGE
Mr. Galvin...?
ANGLE
Kathy getting down from the stand. The Judge addressing Galvin.
GALVIN
Nothing further, your Honor...
JUDGE
Mr. Concannon...?
Concannon is signalled by Billy, the young lawyer at the Defense
table, who is gathering notes from his colleagues, who have
been researching during Kathy's speech. Concannon walks over
to the table and is quickly "talked through" the notes by Billy.
JUDGE
Mr. Concannon.
Concannon cuts Billy short, meaning, "Yes, I understand, I'm
far ahead of you," he takes the notes and returns to the bench.
CONCANNON
Thank you, your Honor. We object
to the copy of the admissions form
as incompetemt and essentially
hearsay evidence and cite McGee
versus State of Indiana, U.S. 131
point 2 and 216 through 25 of the
Uniform Code: 'The admission of a
duplicate document in preference
to an existing original must
presuppose the possibility of
alteration and so must be
disallowed.' And, your Honor,
having given the Plaintiff the
leeway we would like your ruling
on this issue now: we object to
the admission of the Xerox form.
JUDGE
...one moment, Mr. Concannon...
The Judge nods, meaning, "I am considering..."
ANGLE
The Judge. He is making some notations on a page in front of
him. He nods to himself, he has reached a decision. He looks
up.
JUDGE
The document is disallowed, the
jury will be advised not to consider
the testimony of Kathy Costello
regarding the Xerox form. (explains
to them) It's unsubstantiated and
we can't accept a copy in
preference to the original...
CONCANNON
Thank you, your Honor. Further:
Ms. Costello is a rebuttal witness.
As a `Surprise Witness' she may
only serve to rebut direct
testimony. As her only evidentiary
rebuttal was the admitting form,
which has been disallowed I request
that her entire testimony be
disallowed and the jury advised
that they must totally disregard
her appearance here.
JUDGE
I'm going to uphold that.
ANGLE
Galvin getting to his feet.
GALVIN
I object, your Honor...
JUDGE
Overruled...
GALVIN
Exception!
JUDGE
Noted. Thank you. (to Jury)
Miss Costello was a rebuttal
witness. Her sole rebuttal was
the document, which has been
disallowed...
ANGLE
Galvin, silent, fuming, sitting at the table.
JUDGE (VOICE OVER)
Her entire testimony must be
stricken from the record. You
shouldn't have heard it, but you
did. Now, that was my mistake...and
you must strike it from your minds,
give it no weight.
Galvin takes a sheet of legal paper and starts writing on it.
INT. BISHOP BROPHY'S SUITE - DAY
ALITO
Legally it's over. Concannon was
brilliant.
BROPHY
Tell me about Kaitlin Costello.
ALITO
There's nothing to tell. It's
been stricken from the record.
BROPHY
I know. Did you believe her?
INT. COURTROOM - JUDGE HOYLE'S P.O.V. - FULL COURTROOM - DAY
All looking slightly to their right.
ANGLE
JUDGE SWEENEY
Mr. Galvin...?
ANGLE - GALVIN
In front of the full jury box. Beat.
GALVIN
You know, so much of the time we're
lost. We say, 'Please, God, tell
us what is right. Tell us what's
true. There is no justice. The
rich win, the poor are powerless...'
We become tired of hearing people
lie. After a time we become dead.
A little dead. We start thinking
of ourselves as victims. (pause)
And we become victims. (pause)
And we become weak...and doubt
ourselves, and doubt our
institutions...and doubt our
beliefs...we say for example, `The
law is a sham...there is no law...I
was a fool for having believed
there was.' (beat) But today you
are the law. You are the law...And
not some book and not the lawyers,
or the marble statues and the
trappings of the court...all that
they are is symbols. (beat) Of
our desire to be just... (beat)
All that they are, in effect, is a
prayer...(beat) ... a fervent, and
a frightened prayer. In my religion
we say, `Act as if you had faith,
and faith will be given to you.'
(beat) If. If we would have faith
in justice, we must only believe
in ourselves. (beat) And act
with justice. (beat) And I believe
that there is justice in our
hearts. (beat) Thank you.
He stands still a moment, then surveys the still courtroom.
INT. COURTHOUSE CORRIDOR - DAY
Laura in the corridor, watching him.
INT. COURTROOM - DAY
The Jurors filing in from the Jury Room.
ANGLE
Concannon, Young Lawyer, Dr. Towler, Dr. Marx at Defense table.
Young Lawyer scribbles a note, passes it to Concannon, who
ignores it.
ANGLE
Plaintiff's table. Galvin looking at the Jury, Mickey at the
other end of the table.
JUDGE
Have you reached a verdict?
FOREMAN (VOICE OVER)
We have, your Honor.
ANGLE
The Jury Box. The Jurors seated, the FOREMAN standing.
FOREMAN
Your Honor, we have agreed to hold
for the Plaintiff...but on the
size of the award, are we bound...
JUDGE
You are not bound by anything,
other than your good judgment,
based on the evidence.
ANGLE
Galvin, totally defeated. Nods his head sadly, as if
commiserating philosophically, with himself. Mickey looks at
him in grief, with sympathy.
FOREMAN(VOICE OVER)
Are we permitted to award an amount
greater than the amount the
Plaintiff asked for?
Galvin slowly raises his head, turns and looks at the Jury,
Mickey begins to smile.
JUDGE
Yes. You are.
ANGLE - MICKEY'S P.O.V.
The courtroom, commotion.
JUDGE
Please retire and...
INT. FINAL COURTHOUSE BACK CORRIDOR - DAY
Galvin and Mickey standing near a back staircase, cleaning
equipment is lying all around. A large, battered garbage can.
Mickey is lighting Galvin's cigarette. Galvin's hand shakes
badly. Something draws his attention at the end of the
corridor. He turns his head.
ANGLE - P.O.V.
Laura, standing at the end of the corridor. Tentative, lost,
pleading silently, she holds a sheet of yellow legal paper in
her hand.
ANGLE - INSERT - LAURA'S P.O.V.
The paper reads:
'Laura. I'm going to try.
When this is over can we go away?'
'Joe'
'Thank you'
ANGLE - GALVIN'S P.O.V.
Laura holding the paper.
ANGLE
Galvin and Mickey looking at her. Galvin's face impassive.
Beat. He turns his back on her. Mickey does likewise. Beat.
MICKEY (TO GALVIN)
The jury might be out for awhile.
(beat; tentatively) You want to
run across the street and get a
drink?
Beat. Galvin puts his arm around Mickey's shoulder. They
push through the Exit Door, turning up their collars to the
cold. Galvin hesitates a moment as Mickey goes through the
door. Beat. He looks back longingly.
ANGLE - GALVIN'S P.O.V.
The deserted corridor.
ANGLE
Galvin standing framed in the doorway. He turns toward the
door, his back to the CAMERA, his shoulders slumped. He stands
for a moment, sighs, straightens up, and walks through the
door.
FADE OUT
THE END
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