GETTING AWAY WITH MURDER IN ST. LOUIS

by

Bruce C. Cohen 

									Bruce C. Cohen
									11125 Riverview Dr.
									St. Louis, Mo. 63138
									(314) 438-0715
									(314) 438-0731 											     BCCPlays@hotmail.com
									Copyright 2003
					(PAu2-775-055)

"GETTING AWAY WITH MURDER IN ST. LOUIS"

FADE IN:
EXT. BACKYARD TENNIS COURT - DAY 

A. Andrew (Andy) Jackson (mid-fifties, graying at the temples) and his trophy wife Billie Jean (B.J.)(thirty, blonde, chesty) are playing tennis on a backyard court. After a short rally, B.J. finishes the play with a strong overhead volley. B.J. rushes the net with her arms raised in victory. Jackson takes a moment with his hands on his knees to catch his breath before walking slowly to the net.
B.J.	
That's game, set and match to the defending and still champion Billie Jean King Jackson!	
JACKSON	
     (still winded)
No fair. I was weighted down.	
B.J.	
No excuses! I had the same breakfast you did. You lost fair and square. So you get to go with me to the mall.	
JACKSON	
No, it was not fair! I told you I was weighted down. 	
B.J.	
Yeah, right. So how were you weighted down?	
JACKSON	
I had to carry this around all match. 

(reaches into his pocket and takes out a diamond tennis bracelet)	
B.J.	
Omigod!	
Jackson puts the tennis bracelet on B.J.. B.J. grabs him across the net for a kiss.
B.J.	
I love you, A. Andrew Jackson!	
JACKSON	
And I love you, B.J. Jackson. Happy Birthday, Baby!

(drops his hands from her back down and under her tennis skirt)

We don't have to take a shower right away, do we?	

EXT. MORNING RUSH HOUR - DAY 

Jackson is caught in a highway traffic stoppage. 

RADIO ANNOUNCER (V.O.)	
The jury is expected to give its verdict in the Lehman double homicide this morning. It looks like its going to be another sizzler. And the Cards are at home tonight against the Cubbies. All this and more, coming up right after the national news. 	

EXT. ENTRANCE TO ST. LOUIS COUNTY COURTS - DAY 

Jackson is crossing Central Street from the east parking lot towards the Court House. News Crews (including Jessie Minton--female, late twenties) line Central St.(east of Court House)-all try to get a statement from Jackson. As Jackson reaches the curb, several reporters approach him and thrust out microphones in his direction.
REPORTER 1	
     (with microphone extended)
Mr. Jackson. What do think the jury's going say? Could you give us your opinion?	
REPORTER 2	
Is there any truth to the rumor that the Prosecution has a conclusive video tape that you were able to keep out of the trial?	
MINTON	
Is it true, Mr. Jackson, that you don't talk to reporters?	
JACKSON	
     (stops and smiles at Minton)
Yes, that I'm willing to state on the record. 	

Jackson ignores the other questions, and walks into the Court House.

INT. ST. LOUIS COUNTY COURT ROOM - DAY 

St.Louis County Court Room--Packed court room. Buzzer sounds.

BAILIFF	
All rise.	

Everyone rises. County Judge enters, and takes seat behind the bench.
CO. JUDGE	
You may be seated.
     (everyone sits)
In a moment I am going to ask the Bailiff to bring in the jury. It is my understanding that they have reached a verdict. Whatever that verdict may be, I expect everyone in this court room to maintain decorum.
     (turns to Bailiff)
Would you please bring in the jury? 	

Bailiff rises and exits through the back door of the courtroom. Bailiff returns immediately, and leads twelve jurors to the jury box where they take their seats. 
CO. JUDGE	
Has the jury reached a verdict?	
CO. JURY FOREMAN	
    (rises)
Yes, your Honor. The jury has reached a verdict.	

Foreman hands the written verdict to the Bailiff. Bailiff hands the written verdict to the Judge. Judge takes a moment and reads it.
CO. JUDGE	
Will the Defendant please rise and face the jury?
     (Defendant rises and faces the jury)
What is the jury's verdict?	
CO. JURY FOREMAN	
We find the Defendant not guilty.	
Bedlam in the court room. Defendant hugs Jackson. Judge pounds his gavel furiously.
CO. JUDGE	
Order! Order! Quiet down! Quiet now! Court is still in session!	
COUNTY PROSECUTOR	
Excuse me, Your Honor.	
CO. JUDGE	
Yes, Ms. Hamilton.	
COUNTY PROSECUTOR	
In accordance with Missouri Rules of Criminal Procedure, Rule 29.01(d), the State requests that the jury be polled.	
CO. JUDGE	
You have that right.
     (turns to crowd)
I want it quiet in here, immediately, or I'll clear the court room.
     (beat, crowd settles down) 	
DEFENDANT	
What is this? What the fuck are they doing?	
JACKSON	
The verdict has to be unanimous. The State wants to make sure that everyone agreed.	
DEFENDANT	
They can do that?	
JACKSON	
Yes, they can. And they would be crazy if they didn't.	
CO. JUDGE	
     (to jury)
The State has requested that I conduct a poll of the jury to ensure that you all agree with the verdict. I am going to ask each of you in turn whether you agree with the verdict. Simply answer yes or no. Do not state any reasons or offer any other explanations. Will you please rise?
     (jury stands)
After you have answered, please be seated. I will begin with the first row, and I will start with you Madame Foreman, then continue to your left. Do you agree with the verdict?	
CO. JURY FOREMAN	
Yes, Judge. 	
CO. JUDGE	
You may be seated.
     (foreman sits, Judge looks at Juror 2)
Do you agree with the verdict?	
JUROR 2	
Yes, your Honor. 
    (sits)	
JUROR 3	
I agree, too. 
    (starts to sit)	
CO. JUDGE	
Wait a moment. 
    (Juror 3 stands back up)
We need to make a clear record. So I need to ask you, do agree with the verdict?	
JUROR 3	
Sorry. Yeah, I agree.
     (sits)	
Camera pans over to Jackson who is putting away his papers. The polling of the jury continues off screen in the background while Jackson and Defendant talk.
CO. JUDGE (O.S.)	
     Do you agree with the verdict?	
JUROR 4 (O.S.)	
Yes, Judge.     	
CO. JUDGE (O.S.)	
     Do you agree with the verdict?	
JUROR 5 (O.S.)	
     Yes, I agree.      	
CO. JUDGE (O.S.)	
     Do you agree with the verdict?	
JUROR 6 (O.S.)	
Yes, sure, I agree.      	
CO. JUDGE (O.S.)	
     Do you agree with the verdict?	
JUROR 7 (O.S.)	
Yes, Judge.     	
As camera pans over to Jackson and Defendant, Defendant is standing to Jackson’s right looking at the jury. Defendant looks at Jackson and sees Jackson putting away his papers.
DEFENDANT	
     (grabs Jackson's sleeve)
What are you doing? You got to watch this!	
JACKSON	
Relax. None of the jurors are going to change their minds at this point. They would be too embarrassed. 
     (steeples his hands)
The ball game is over. The prosecutor can stamp her feet and hold her breath, but it really does not matter. All the angles are covered.  You are a free man.  Trust me on this one. 	
Camera pans back over to the Judge. Only Jurors 8 through 12 are still standing.
CO. JUDGE	
     (To Juror 8)
Do you agree with the verdict?	
JUROR 8	
Well, I agree, but I want you to understand...
     (Judge cuts her off).	
CO. JUDGE	
     (holds up his hand to get Juror 8's attention)
Stop. You need to give the Court a simple answer of yes or no. Do you agree with the verdict?	
JUROR 8	
     (beat)
Yes, I agree.
     (sits)	
CO. JUDGE	
     (to Juror 9)
Do you agree with the verdict?	
JUROR 9	
Sure, your Honor. I agree, too. 
     (sits)	
CO. JUDGE	
     (to Juror 10)
Do you agree with the verdict?	
JUROR 10	
Yes, Sir.
     (sits)	
CO. JUDGE	
     (to Juror 11)
Do you agree with the verdict?	

JUROR 11	
Yes, I do.
     (sits)	
CO. JUDGE	
     (to Juror 12)
Do you agree with the verdict?	
JUROR 12	
Yeah, I agree. 
     (sits)	
CO. JUDGE	
Pursuant to Missouri Rules of Criminal Procedure, Rule 29.01(d), at the request of the State, the Court has polled the jury, and in accordance with said poll, finds that the verdict of not guilty is unanimous, and so shall be recorded. 
     (to Defendant)
You are a free man. Court stands adjourned.	
BAILIFF	
All rise.	

INT. BAR WITH POOL TABLE - DAY

Jackson is sitting at a tall bar table on a high stool watching a pool match between a large man and a small man. The small man makes a shot. He then misses an easy shot, and leaves the cue ball in position to set up a run for the big man. Jackson is sipping ginger ale. Reporter Jessie Minton comes up to the table. 
MINTON	
Mr. Jackson. My name is Jessie Minton. May I sit down?	
JACKSON	
     (without looking at her)
I know who you are. As we discussed briefly this morning, I don't talk to reporters. But yes, feel free to sit down.	
MINTON	
Thank you.
    (takes a seat, watches Jackson watching the pool match)
What is so fascinating?	
JACKSON	
     (turns to look Minton)
That depends on one's perspective. Are you asking as a reporter?	
MINTON	
Obviously not. You don't talk to reporters.
     (puts her hand out to shake hands)
Hi, I'm Jessie Minton, girl about town with a few hours to kill before going home to feed her cat.	
JACKSON	
     (shakes her hand)
Pleased to meet you, Jessie Minton, girl about town. I am A. Andrew Jackson. Andy, to my friends.	
MINTON	
Pleased to meet you, Andy.	
JACKSON	
You asked me what is so fascinating about the pool match. 	
MINTON	
Yes, I did. It doesn't look like much of a match. The little guy is getting slaughtered.	
JACKSON	
Actually, the little guy is a superb player. He's hustling. He makes just enough shots to keep the game interesting, then carefully sets up his opponent's next shot.
     (signals the Waitress)
Miss!	
WAITRESS	
What can I getcha, Mr. J?	
JACKSON	
     (points to his glass)
I'd like another one of these, please, Katie.
     (turns to Minton)
And what would you like?	
MINTON	
I'll have what he's having.	
WAITRESS	
     (giggles)
Are you sure?	
JACKSON	
This is ginger ale, Jessie. 
     (beat)
I don't drink.	
EXT. FLASHBACK--DARK WOODED ROAD - NIGHT 

Jackson and his First Wife are driving on a dark, wooded road. First Wife is brunette, mid-forties, made up for a holiday party. Jackson is driving. 
JACKSON	
He had his goddamn hands all over you!	
FIRST WIFE	
Christ, Andy! Sometimes you are just too goddamn possessive! He was not feeling me up. He just had a little too much to drink. 

(beat)

And he sure as hell isn't the only one.	
JACKSON	
What the hell is that supposed to mean?	
FIRST WIFE	
You know goddamn well what it means. You're a mean drunk, Andy.	
JACKSON	
I was not... 

(deer runs into the middle of the road)

Shit! Hold on!	
Jackson swerves to avoid the deer. The car heads off the road, and crashes into the trees.

EXT. FLASHBACK--DARK WOODED ROAD - NIGHT 

The crash site is lit by Police and Emergency Medical Services vehicles and portable floodlights. Jackson is strapped on a portable emergency gurney. EMS attendant is wiping blood off of Jackson's face. A police officer is standing by Jackson’s gurney, carrying a portable breathalyzer unit.
JACKSON	
Let me see her! Is she okay?	
EMS TECH	
Please calm down, Mr. Jackson.	
JACKSON	
Goddamn it, let me fucking see my wife!
     (grabs the EMS Tech’s shirt)	
EMS TECH	
Mr. Jackson, please relax.	
Police Officer helps EMS Tech remove Jackson’s hand, and settle Jackson down on the gurney.
POLICE OFFICER	
Mr. Jackson, look at me.  
     (Jackson looks at the Officer)
I have some bad news, sir. 	

INT. BAR WITH POOL TABLE B - DAY 

Continuation of bar scene with Jackson and Minton.
MINTON	
Oh. Well, er, that's fine.	
WAITRESS	
Okay. I'll be right back.
     (exits)	
MINTON	
You've been in here before, haven't you?	
JACKSON	
Once or twice. But let us not digress from the subject of the pool match. It is an extraordinary study in human nature. 	
MINTON	
So tell me what I'm watching.	
JACKSON	
On both the physical and the mental sides, this match is a game of angles. As with most things in life, whoever has the keener grasp of the angles, will prevail.	
MINTON	
So the little guy has a better grasp of the angles. 	
JACKSON	
You have taken your first steps towards enlightenment, Grasshopper.	
MINTON	
What about this angle? When the big guy finally loses big time, he's gonna beat the shit out of the little guy.	
Waitress comes up, places the drinks on the table. Jackson slides her a five dollar bill, and waves off the change.
WAITRESS	
Thanks, Mr. J. 
     (exits)	
MINTON	
Wow. You're a regular Diamond Jim Brady. So, what about that angle, Master?	
JACKSON	
That angle is covered also. Do you see those two gentlemen in the corner? 
     (Minton looks over to two men seated in back corner of the bar)
Those gentlemen are with the little guy. Once again, having the keener grasp of the angles, will allow the little guy to prevail. Such is the way of all things.	
MINTON	
All things? 	
JACKSON	
     (takes a sip of his ginger ale)
 Yes, Grasshopper. All things.	
MINTON	
So everything is just a matter of who is best at identifying the angles. How would the ability to identify angles apply to, say, the practice of law, for instance? 	
JACKSON	
     (steeples his hands on the bar table, with his palms together)
There are an infinite number of angles. Some are acute.
     (opens the hands with finger tips still touching, until palms are an inch apart)
Other angles are obtuse.
     (continues to open the hands past 90 degrees)
Those who tend to be more obtuse angle identifiers gravitate towards the less sagacious fields, such as family law. Conversely, those who tend to be acute angle identifiers lean towards the more perspicacious fields, such as the practice of criminal law.	
MINTON	
Anyone ever tell you, you talk funny, Andy? Well, what happens if there are no angles?	
JACKSON	
Well, Grasshopper, that is the simplest case of all. If you have no angles, then all that is left is a flat line. And when you flat line, it means that you're dead.	

EXT. OUTDOOR CAFE-THE BOOBSEY TWINS - DAY 

Lunch at a crowded outdoor cafe. Shot opens on two women, age contemporaries of Billie Jean Jackson and her friend Ogden, at a table by the railing. Billie Jean (B.J.) Jackson and Kelly Ogden are seated a couple of tables away. B.J. and Ogden are very close in physical appearance, including hair color, style, and length. B.J. is wearing her tennis bracelet.

DINER 1	
     (puts her hand over her mouth)
I don't believe it!	
DINER 2	
What? What?	
DINER 1	
It's the Boobsey Twins!	
DINER 2	
No! You're kidding!
     (turns to look)
Where?	
DINER 1	
Over on the right, near the service door.	
DINER 2	
You're right. It has to be them.
     (turns back to Diner 1, laughs)
I haven't seen them in years. 	
DINER 1	
It's hard to believe they aren't related. 	
DINER 2	
Actually, it's hard to give a damn one way or the other. Well, at least they're not dressing the same any more. 	
DINER 1	
You know, B.J. married that attorney that was in the news this morning for getting that killer off in the Lehman murders.	
DINER 2	
Really!  He must be at least twice her age. 	
Camera leaves the two diners, and pans over to B.J. Jackson and Ogden. Ogden is admiring the tennis bracelet.
OGDEN	
     It’s gorgeous.  Can I try it on?	
B.J.	
     (takes off the bracelet, hands it over to Ogden)
Course you can. Would I deny my bestest friend anything?
    (Ogden opens her mouth, B.J. holds up her hand to stop her)
Anything within reason?	
OGDEN	
     (smiles, shakes her head no, takes and puts on the bracelet, holds it up in the sunlight)
Not bad. 
     (beat)
No, not bad at all.
     (takes off the bracelet and hands it back to B.J.)
You should turn thirty more often.	
B.J.	
     (taking a sip from her drink, sets down the glass, takes the bracelet and puts it back on)
Okay, spill. What is so important that you could not tell me over the phone?	
OGDEN	
     (leans forward and whispers)
I’m having an affair.	
B.J.	
     (shocked)
You're what!	
OGDEN	
     (nods)
Almost two months. It's incredible. 	
B.J.	
You're kidding, right? I mean, you and Bill...
     (beat)
I mean...
     (beat)
Are you leaving him?	
OGDEN	
     (quietly)
I've been thinking about it, but I still don't know. All I know is that this is right for me right now. You should try it.	
B.J.	
Me? Have an affair?	
OGDEN	
Sure. It won't kill you.	
B.J.	
Yeah, right. 
    (beat, looks down and plays with her glass)	
OGDEN	
     (beat)
B.J.. Honey, you still with me? 	
B.J.	
     (looks up at Ogden)
Yeah, I’m still with you. I just don’t want you to get hurt.	
OGDEN	
It’s okay. Really.	
B.J.	
     (smiles)
Well, then, tell me. What’s he like?	
OGDEN	
     (smiles broadly)
What do you think? You know what I like.	
B.J.	
Hmmm. Let’s see.
     (beat, holds her hands twelve inches apart with her index fingers extended)
Ahhh. He’s really, really big!	
OGDEN	
     (taking a drink, sputters)
You bitch! That’s not it!
     (giggles)
Actually, that is pretty damn close.
     (holds her hands out fifteen inches apart with her index fingers extended)
But there is more. Don’t look at me like that. There is!  He’s kind, and interested in what I have to say.
     (beat)
He’s just right for me right now.	
B.J.	
You said that already.  Are you trying to convince me or you?	
OGDEN	
No, I’m sure. But he’s married too. Until we decide whether this is going to be a long term deal, we have to be extra careful. He thinks his wife is starting to take an unusual interest in his schedule, and she is reviewing his credit card bills.
    (leans across the table and takes B.J.’s hand)
Remember what you said a couple of minutes ago, about my being your bestest friend.	
B.J.	
Sure. I’m not senile. Who are you, again?	
OGDEN	
Hey, I’m serious. I need to ask you a really big favor.	

INT. THE ELEVATOR - DAY 

Jackson is in the elevator of his office building, rubbing his eye with his handkerchief. The elevator doors are closing. Camera shows just a flash of a blonde that looks like B.J. Jackson (Ogden) on the arm of another man. Jackson hits the open door button several times, but the elevator doors close. Jackson hits the next floor button, and gets out on the next floor. Jackson runs down the stairs, looks around, but the couple is gone. Jackson bends over to catch his breath. 
JACKSON	
Shit! 	
INT. JACKSON'S OFFICE - DAY 

Jackson is meeting in his office with a husband and wife, prospective clients. 
WIFE	
He's really a good boy, Mr. Jackson. 	
HUSBAND	
The hell he is, Margaret. The kid has turned out to be a little snot. But he is our son, which is why I'm prepared to pay you a five thousand dollar retainer this afternoon.	
JACKSON	
I appreciate the offer. It's more than reasonable. But it is not the money. I do not take cases in St. Louis City. Period. 	
WIFE	
Couldn't you make an exception? Just this once?	
JACKSON	
No. I'm sorry. I recommend that you call Michael Herbster. He’s excellent. My secretary will get you his number. If he is unavailable, I can give you the names of several other attorneys who will do a fine job for your son. 	
HUSBAND	
     (rises)
Well, we appreciate your taking a few minutes to give us an idea what we can expect. 
     (reaches out to shake hands. Jackson rises and shakes)
We'll give Mr. Herbster a call.	
Jackson escorts the couple to his door. As the couple exits, Jackson addresses his secretary off screen.
JACKSON	
Karen, please give them Mike Herbster's number and address. I hope everything works out well for your son. 	

INT. DINNER AT HOME - DAY 

Scene opens with Jackson at his front door, fumbling for his keys. B.J. opens the door. Once inside, B.J. gives him a big kiss.
JACKSON	
Okay, how much did you spend?
     (B.J. punches him in the arm)
Ow! 	
B.J.	
Wimp! I can't show how proud I am of my man when he returns with his shield rather than on it. 	
JACKSON	
    (taking off his jacket and tie)
Oh, that. 	
B.J.	
Yeah, oh that. And the way you actually made eye contact with the cameras when you gave your traditional post trial "No Comment", oooh. It gave me the shivers.	
JACKSON	
Really? I've been working on that.
     (takes a deep sniff)
Ummm. That smells wonderful. 	
B.J.	
     (turns down hallway)
Your timing is excellent. I just took out the spinach pie, and the chops will be ready in two minutes. Go wash up, and I'll meet you in the dining room. 	
JACKSON	
How about you take the chops off, and we go wash up together?	
B.J. (O.S.)	
     (OS--from the kitchen)
Sorry. There's no time. I've got a surprise for you, so get your ass to the dining room.	
JACKSON	
     (meekly)
 Yes, Dear.	

Jackson walks to the dining room and takes a seat at the table. The table is set for two, including a wine glass at B.J.’s place setting. There is a cuckoo clock on the wall that shows the time as just before seven. B.J. enters with a bottle of Roditys and a corkscrew, and hands them to Jackson.

B.J.	
Make yourself useful. Open this for me, while I take out the chops. 	

B.J. runs back into the kitchen. Jackson opens the wine.

JACKSON	
So what is the big surprise?	
B.J. (O.S.)	
     (OS)
Patience.	
JACKSON	
I have none.
     (pours B.J.’s glass of wine)
So what is the surprise?	
B.J.	
     (enters carrying a steaming spinach pie)
Hot. Hot. Hot. 
     (sets it down on a trivet on the table)
Wait.
     (beat)
Wait.
     (beat, Cuckoo clock cuckoos seven times)
Ta da!	

JACKSON	
That's the surprise? You fixed the cuckoo clock?	
B.J.	
     (comes over and hugs him)
You were just so upset when you broke Mama's clock. I looked all over town for someone that could fix it.	
JACKSON	
Great.
     (gives B.J. a kiss, turns her around and gives her a swat on the butt)
Now go get the chops.
     (B.J. runs back to the kitchen)
     (looks at the cuckoo clock, continues to himself)
It took me six months to find an opportunity to knock you off the wall. 
     (points his finger like a gun at the clock)
Next time you won't be so lucky.	

INT. SWEET DREAMS - NIGHT 

Jacksons' bedroom--Jackson and B.J. are in bed. B.J. is out cold. Jackson is tossing and turning. Fade.

Repeat the start of the scene in Office Elevator. When the elevator doors start closing, Jackson gets a flash of B.J. who is naked this time on the arm of the other man. Doors close. Jackson hits various control buttons. The elevator doors open, but no one is there. The elevator doors start closing. Jackson gets a flash of B.J. going down on the man. The elevator doors close. Jackson hits the control buttons again. Nothing happens. Jackson frantically pushes the control buttons. The elevator doors open. B.J. is there in the same dress as at dinner when Jackson got home from work. B.J. smiles. She is holding a large wrapped present.
B.J.	
     (hands the present to Jackson)
This is for you, Dear.	
Jackson unwraps the present. It is the Cuckoo Clock from the dining room. The clock door pops open. The bird comes out, and silently calls out three times.
B.J. (V.O.)	
     (VO, synchronized with the Cuckoo)
Cuckold! Cuckold! Cuckold!	

INT. SWEET DREAMS 2 - NIGHT 

Jacksons' bedroom. Jackson starts awake, and suddenly sits upright. A digital clock by the bed shows 12:00 a.m.. The dining room Cuckoo clock can be heard for the last three "cuckoos". Jackson is breathing heavily. He looks over at B.J., then puts his hand on her ass. She moans, but does not wake. Jackson staggers out of bed, and walks to the rest room. He does not turn on the light. Jackson fills a paper cup with water. He opens the medicine cabinet, and takes out a prescription bottle of Buspar that is clearly shown. Jackson opens the bottle, takes a couple of pills, and swallows them with the water. Jackson crushes the paper cup, and drops it in the trash. 

EXT. MORNING RUSH HOUR 2 - DAY 

Jackson is sitting in traffic. Overcast day.
RADIO ANNOUNCER (V.O.)	
Time to bring in the plants. Looks like frost is on the way. And the Rams lose their kicker for at least three weeks. All this and more, coming up right after the national news. Stay tuned.	

INT. JACKSON'S OFFICE 2 - DAY 

Jackson is seated at his desk, finishing a phone call. Secretary (Karen, white haired matron) enters and hands him some letters. Jackson signs the letters while finishing the call. A large picture of Jackson with his arms around B.J. is on the desk.
JACKSON	
Sorry, I can't. I've got a deposition at two. How about the twenty-third? 
     (beat)
Good. The twenty-third, then, at 1:00. 
     (beat)
Right. I've got to get to court. I look forward to meeting you. Bye.
    (hangs up)	
SECRETARY	
No, you don't.	
JACKSON	
     (hands Secretary several signed letters, rises and starts gathering files for his briefcase)
Don't what?	
SECRETARY	
Have to get to court. The clerk just called. The judge was just rushed to the ER. They think it might be his appendix.	
JACKSON	
Very funny. But don't give up your day job. Wait a minute. This is your day job.	
SECRETARY	
Say, that's right. But, the clerk really did call. Your trial's off.	
JACKSON	
You're serious, aren't you?	
SECRETARY	
Absolutely.	
JACKSON	
If you're pulling my leg, you're fired.	
SECRETARY	
Again? Well, first of all, I'm telling you the truth, the whole truth, and nothing but the truth. Second, you can't fire me because you don't know how to use the coffee machine.
    (starts out of the office, mumbles to herself)
Besides, slaves have to be sold.	
JACKSON	
I heard that! 
     (collapses into his chair)
I don't believe this. Karen, get me Dr. Adelman's office.	
SECRETARY (O.S.)	
Already called the Doctor's office and apologized. And I reached Mr. Gmerek and told him you are off for today, and probably for the rest of the week, but that he should call here after 4:00 to confirm.	
JACKSON	
Thank you, Karen.
     (takes a deep breath, then exhales loudly. Picks up his calendar, looks at it then sets it down)
Screw it. 	
Jackson rises, walks over to a coat rack, grabs his jacket, exits the office. Camera follows him out into the reception area. Secretary is running copies. 
JACKSON	
No one expects me to be in today, so I'm gone for the day. 	
SECRETARY	
What about the Coleridge brief?	
JACKSON	
I know. I know. I'm going to go home and surprise B.J. and take her to lunch. Then I will spend the rest of the afternoon locked in my home office finishing the Coleridge brief. Okay?
    (points a finger at Secretary)
You know, Karen, you keep this up and one of these days I might just learn how to make my own coffee.	
SECRETARY	
    (looks upward)
From your mouth...	

INT. JACKSON'S HOUSE - DAY 

Jackson enters his house. 
JACKSON	
B.J.. Honey, I'm home.
    (hangs up his coat, walks back to the kitchen) 
B.J.. You home? Shit.	

Jackson goes to the bedroom, taking off his tie as he walks. As he enters the bedroom, he sees that the bed is unmade, with the sheets and blankets bunched at the end of the bed. He walks over and flips the blankets and sheets back towards the head of the bed. Jackson sits down on the bed, and takes off his shoes. He walks over towards his dresser, and steps on a cufflink. Jackson bends over, picks up the cufflink, and examines it. 
JACKSON	
What the fuck?	

Flashback to Elevator Scene of glimpse of the woman on the man's arm.

INT. SWEET DREAMS 3 - NIGHT 
A court room. A blindfolded "Lady Justice" with a balancing scale is standing in the middle of the court room. Jackson, shown from the back, approaches from right, and places the cuff link (from Jackson's bedroom) on the right tray of the scale. B.J. Jackson approaches from the left, and places her wedding ring on the left side of the scale.

INT. SWEET DREAMS 4 - NIGHT 
Jackson's bedroom. Jackson starts awake. He looks over at
B.J. and shakes his head. Jackson walks to the bathroom and
opens the medicine cabinet. He takes out the Buspar, pops
the lid and spills the pills into his hand. There are four
and one half pills. He takes two and puts the rest back in
the bottle.

INT. ELECTRONICS SHOP - DAY 

Jackson is examining remote wireless video equipment. After a few seconds, a clerk comes over to assist.
CLERK	
May I help you with anything?	
JACKSON	
I'm interested in wireless video surveillance.	
CLERK	
Is this for interior or exterior use?	
JACKSON	
Interior use, in my home. I've seen those pop-up ads on the computer for remote cameras, but I don't want a camera sitting out where anyone can see it.	
CLERK	
Well, if something is in your home, we can probably fit it with a camera. But if you already have a stereo or a "VCR" or a "DVD" player, you might want to consider substituting one of our units with a motion sensitive recording system.	
JACKSON	
A motion sensitive recording system?	
CLERK	
Right. The advantage is that you don't have to wade through hours of tape where nothing happens. With a hidden camera broadcasting to a remote recorder, you may have hours of tape with the same scene, and nothing going on.	
JACKSON	
That makes sense.	
CLERK	
Please understand though, that these systems are quite a bit more expensive than your simple remote broadcast cameras.	
JACKSON	
That's not a problem. What do you have in the way of VCR's with motion sensitive recording?	
Clerk leads Jackson over to look at a wall display.

INT. JACKSON'S HOME OFFICE - NIGHT 

Jackson is sitting at his desk with an unopened bottle of scotch. There is a small television hooked up to a VCR. Jackson is fast-forwarding through a video tape. The tape has the date and progressive time indicated on the bottom of the display. The tape shows B.J. come into the bedroom, make the bed and exit. Next, the tape entry shows B. J. walk across the bedroom to the bathroom. The tape immediately shows B. J. leave the bathroom and walk out of the bedroom. The tape next shows B. J. come into the bedroom, lay out and change into tennis clothes, then exit. The next item shows B. J. come in, strip off her tennis clothes, and walk naked to the bathroom. B. J. then comes out of the bathroom with her hair wet, and wrapped in a towel. B. J. dresses, and leaves the bedroom. The tape next shows Jackson walking up to the VCR, and reaching up. The tape is blank past that point. Jackson opens his desk drawer, takes out the cufflink and stares at it. The handle to a handgun is visible in the open drawer. There is also a prescription bottle for Buspar lying on its side. Jackson sets down the cufflink, and picks up the prescription bottle. He opens the bottle, but it is empty. Jackson takes a deep breath, then exhales loudly.

JACKSON	
Great.	

EXT. JACKSON'S OFFICE PARKING LOT - DAY 

Jackson is pulling up to his parking garage gate. 

RADIO ANNOUNCER (V.O.)	
The Blues finished November with the best record in team history. They play in Detroit tomorrow. All this and more, coming up right after the national news at mid day. Stay tuned.	

Jackson turns off the radio as he pulls into his garage. Jackson inserts a key card, passes through the gate, and starts up the divided entrance/exit ramp. As he starts up the ramp, a car coming down the exit ramp has the couple (Ogden and Man) that Jackson saw briefly outside the elevator. Jackson slams on the brakes to try to look at the receding car with the couple. The car behind Jackson hits the car horn. 
JACKSON	
Son of a bitch!	

INT. JACKSON'S HOME OFFICE 2 - NIGHT 

Jackson is sitting at his desk, watching and fast forwarding the surveillance video tape. The scotch bottle is almost empty. The first entry on the tape shows B.J. come into the bedroom, strip the sheets off of the bed and remake it, then exit. Next, B.J. enters, changes into tennis whites, brushes her hair and fixes her makeup at her dresser mirror, then exits. Next, a couple enters. The woman is wearing tennis whites. The man sits on the edge of the bed, with his back to the camera. The woman kneels between his legs. Images show flashes of blond hair, but never the woman's face. The couple undresses and frolics on the bed, until the woman is on top facing the camera, but her face is turned away. Jackson throws the scotch bottle through the television screen.

INT. SWEET DREAMS 5 - NIGHT	
Back in the dream court room with the blindfolded "Lady
Justice" and her scale. B.J. Jackson approaches and places
her wedding ring on the left side of the scale. Jackson
approaches and places the cuff link (from Jackson's bedroom)
on the right side of the scale which then tips heavily to
the right. The camera focuses on the scale. Jackson plays
the roles of Judge and Jury.	
JUDGE JACKSON (O.S.)	
Have you reached a verdict?	
JACKSON FOREMAN (O.S.)	
Yes, your Honor. Guilty!	
B.J. 	
    (horrified)
No! Please poll the jury, your Honor.	
Cut to the bench to show Jackson as judge.
JUDGE JACKSON 	
Mr. Foreman, do you agree with the verdict?	
Cut to tight shot of Jackson as jury foreman.
JACKSON FOREMAN 	
I do, your Honor.	
JUDGE JACKSON 	
Juror Two, do you agree with the verdict?	
Cut to tight shot of Jackson as Juror Two.
JACKSON JUROR 2 	
Of course, your Honor.	
JUDGE JACKSON 	
And the rest of you?	
Camera shows the jury box. All of the remaining jurors are
nodding Jackson "bobble-head" dolls.

INT. DINNER AT TONY'S - NIGHT 

Jackson and B. J. are finishing their coffee and dessert. There are partially filled wine glasses in front of both Jackson and B.J..
B.J.	
This was wonderful. Thank you.	
JACKSON	
You're welcome, of course. But the best is yet to come.	
Jackson reaches into his jacket pocket and pulls out a small gift wrapped jewelry box, and slides it across to B.J..
B.J.	
     (excited)
Can I open it?	
JACKSON	
Absolutely, please do.	
B.J.	
     (carefully opens the package, then opens the jewelry box revealing the cufflink)
What is this?	
JACKSON	
Just desserts. 	

Jackson takes out a gun and shoots B.J. three times in the chest. Patrons make panicked exits. Jackson reaches into his jacket and takes out a video tape, and two hand lettered cards, "Motive" and "Means". He rises, picks up the cufflink, takes the cufflink and the video tape and places them on top of the card that says "Motive". He places his gun on top of the card that says "Means". 
JACKSON	
La mort, sans phrases. Death, without rhetoric. Abbe Emmanual Joseph Sieyes, 1793.	

Jackson sits back down and finishes his coffee.

INT. LOCKUP INTERVIEW ROOM - DAY 

Jackson in orange prison jumpsuit is seated at a bare table. Michael Herbster is pacing.

HERBSTER	
     (turns and slams his fist on the table)
God damn it, Andy! They’re going to put in your prior history of alcohol related violence. Then they’re going to argue that you intentionally went off your medications. Finally, they are going to ask for the death penalty!	
JACKSON	
Of course they are, Michael. Wouldn't you if you were in their position?
	
HERBSTER	
Yes. Yes, I would. But, frankly, I'd expect the case to be pled out long before I started working on my opening remarks. Andy, you cannot represent yourself!	
JACKSON	
I appreciate your concern, Michael. But I am going to represent myself.	
HERBSTER	
Fine. But before you do anything else, see Dr. Adelman. I already called him. He'll clear his schedule and see you immediately.	
JACKSON	
Thank you, Michael. You are a good friend. But I have no intention of calling Dr. Adelman. I was perfectly competent when I shot B.J.. I am perfectly competent to stand trial today. So there is no point in incurring the expert witness fees.	
HERBSTER	
Christ! Do want to die? Why in the hell didn't you just shoot yourself?	
JACKSON	
I'm not suicidal. 	
HERBSTER	
The hell you're not! You're already half way strapped in! Stop for a minute, Andy, and think like a defense attorney. What would you advise a client who was sitting where you are now?	
JACKSON	
Where I am now?	
HERBSTER	
Yes, where you are right now!	
JACKSON	
Oh, that's easy. I'd tell him I don't take City cases. Call Mike Herbster. He's the best there is in the City.	
HERBSTER	
Great! I'm flattered. So why the hell won't you call me?	
JACKSON	
For the same reason that I've never taken a City case.	
HERBSTER	
Okay, now we're getting somewhere. And what is that reason?	
JACKSON	
     (shakes his head no)
Sorry, Mike. I'm taking the Fifth.	
HERBSTER	
This is ridiculous! We've known each other for over thirty years. I am not going to just stand by and watch you kill yourself. 	
JACKSON	
     (steeples his hands)
I don't plan to, Mike. But whatever floats your boat.
     (beat)
Actually, Michael, there is something that you could do for me.	
HERBSTER	
What do you want, Andy?	
JACKSON	
I am going to waive the preliminary exam. But I need you to prepare a change of venue motion. With all the pretrial publicity, I don't think I can get a fair trial in St. Louis. 	
HERBSTER	
Christ, Andy! A change of venue is about the least of your concerns.
     (beat)
If I prepare the motion, will you call Dr. Adelman?	

JACKSON	
No, Michael. This case does not require Dr. Adelman's services. Don't worry about the motion. I can do it from here.	
HERBSTER	
Martyrdom does not suit you, Andy. Not at all.
     (beat)
You'll have the motion in the morning. 
     (heads to the door)
Guard!
     (turns back to Jackson)
You know, thirty years is a long time. At least promise me that for my sake, if not your own, you will think seriously about calling Dr. Adelman, and allowing me to enter an appearance on your behalf.	
JACKSON	
Thank you, Michael. I promise you I will give your counsel the deepest contemplation. 	
HERBSTER	
     (shakes his head)
Asshole. You'll have your motion in the morning.	

INT. LOCKUP INTERVIEW ROOM 2 - DAY 

A different lockup interview room. Jackson is seated with Minton.
MINTON	
Why did you agree to see me?	
JACKSON	
Why wouldn't I see you? I'll see anyone who comes to visit.	
MINTON	
Because you know goddamn well that I'm here as a reporter, and you don't talk to reporters.	
JACKSON	
Well, perhaps I'm willing to make a limited exception in your case. But only if you earn it. You may ask one question. Don't waste it on "did you kill your wife" or "why did you shoot her?"	
MINTON	
Oh, thank you Dr. Lector.
     (beat)
One question, huh?
     (beat)
Okay, try this one. Have you flat lined, Andy?	
INT. HERBSTER'S OFFICE - DAY 
Michael Herbster is seated at his desk. He is talking to Jesse Minton (O.S.) on a speaker phone.
HERBSTER	
I'm afraid there isn't much that I can tell you, Ms. Minton. As I said earlier, Mr. Jackson has refused to let me enter an appearance on his behalf.	
MINTON (O.S.)	
I understand that, Mr. Herbster. I am calling you because Andy is planning something, and I want to make sure he isn't getting himself into even more trouble. But I admit, I can't even imagine how he could get into any more trouble.	
HERBSTER	
Just what is it that you expect me to do, Ms. Minton?	
MINTON (O.S.)	
Hell if I know. I know you and Andy are friends, and we both just want to help him if we can. So I guess I'm just asking you to hear me out. Maybe then you can figure out what is going on. 	
HERBSTER	
Fair enough, Ms. Minton. 	
MINTON (O.S.)	
Please call me Jessie. I'm not calling you as a reporter.	
HERBSTER	
Fine, Jessie, what can you tell me?	
MINTON (O.S.)	
I met with Andy yesterday afternoon. You know how he gets that stupid smug expression and likes to steeple his hands before he makes a final decisive point?	
HERBSTER	
Sure, I'm familiar with that particular mannerism. It can be really irritating.	
MINTON (O.S.)	
Well, I met Andy after the Lehman acquittal last summer. We met at a bar in Clayton. He explained to me his theory that all of life is just a matter of playing the angles. Anyway, he told me that when there are no angles, then you have a flat line, and when you flat line you're dead. So I met with him yesterday primarily to see how he was doing, but for my boss's sake also in my capacity as a reporter. Andy told me that I could ask him one question, so I asked whether he had flat lined. Well, all he did was smile and steeple his goddamn hands. After that, all he was willing to talk about was sports. He thinks he has some kind of angle. But I think maybe he's not all there.	
HERBSTER	
Curious.

(beat)

Are you serious about wanting to help Andy, or are you just looking for a scoop?	
MINTON (O.S.)	
I like Andy. I really would like to help if we could.	
HERBSTER	
Can you meet me at Andy's office this afternoon?	
MINTON (O.S.)	
Any time you want.	

INT. HALLWAY OUTSIDE JACKSON'S OFFICE/JACKSON'S OFFICE - DAY 

Jackson's secretary Karen is unlocking the office door. The elevator doors open. Minton and Herbster step out into the hallway. Minton and Herbster walk up to Karen. Karen gives Herbster a hug.
HERBSTER	
How are you holding up, Karen?	
SECRETARY	
Not good, Mike. He doesn't want me to go see him.	
HERBSTER	
That doesn't sound like Andy. But nothing Andy does surprises me at this point.	
All three enter into the office.
SECRETARY	
I've got some more authorizations from clients to give you their files. I'll get them for you before you leave.	
HERBSTER	
Thanks, Karen. This way, Jessie.	
Herbster leads Minton back into Jackson's office.
MINTON	
What are we looking for?	
HERBSTER	
A couple of years ago, I met Andy for lunch. When I got there, he was chuckling over a letter to the editor in the St. Louis Business Journal. When I asked him what was so funny, he said "Cassandra lives." He passed me over the letter to read. It was about a problem with the area's gambling boats. I read the letter, then asked him what was so funny. He said, "That's why I don't take City cases."  As I recall, the letter had something to do with the Boards of Elections Commissioners in certain counties having no authority to act.	
MINTON	
I'm not following you.  Cassandra foretold the future, but no one would listen to her. But, what do gambling boats and election commissions have to with Andy's defense?	
HERBSTER	
I'm not quite sure yet, myself. That day at lunch, I asked Andy what the hell gambling boats had to do with his refusal to take City cases. He got that same dumb smirk on his face, steepled his hands, and said nothing more on the subject.	
MINTON	
He's good at that.	
HERBSTER	
He sure is. Anyway, when I met with him and asked him why he wouldn't let me enter an appearance on his behalf, he said, "for the same reason that I've never taken a City case." A little later, he said, "whatever floats your boat." In his inimically perverse manner, Andy has answered our questions. 	
     (Herbster walks behind Jackson's desk, and picks up a cheaply framed photocopy of St. Louis Business Journal, March 1, 1998, page 47A, Letters to the Editor, "Will gambling boats in moats float?", takes a moment to scan the letter, then reads from the letter)	
	
"The Missouri Roster 1995-1996 describes these six boards as 'Boards Assigned to the Governor.' However, there is no constitutional authority for assigning boards to the governor, and in the absence of any assignment to the Office of Administration or one of the 15 executive branch departments, these boards have no constitutional authority to act in any manner."	
	
     (hands the letter to Minton)	
	
Apparently, this is his defense.	
While Minton reads the letter, Herbster pulls a copy of the Missouri Official Manual or Blue Book, 2003-2004 Edition off of Jackson's shelf. Herbster opens to the index, then scans with his index finger under "B" down to "Boards Assigned to the Governor.
HERBSTER	
Boards Assigned to the Governor, page 895.
     (opens the book to page 895)
Boards Assigned to the Governor include Clay County Board of Election Commissioners, Jackson County Board of Election Commissioners.
    (turns the page)
Kansas City Board of Election, aha.  I'm not sure which, but our friend Andy is either Brer Rabbit or the Mad Hatter.	

INT. COURT ROOM-VOIR DIRE - DAY 

Jackson is with Judge 2 and Prosecutor 2 (Tarasoff). The jury box and first two rows of seats are filled with prospective jurors. Judge 2 is holding a printed Jury Instruction Sheet MAI-CR 300.2 in his hands.

JUDGE 2	
Periodically, during jury selection, during the course of the trial, and before a jury deliberates on a verdict, it is the Court's duty to read to you certain instructions. I am about to read to you Missouri Approved Instruction, Criminal, instruction CR 300.02. Please pay close attention.

    (reads instruction)

Today's trial for which you have been called for jury service is a criminal case. The State of Missouri has charged that the Defendant Allen Andrew Jackson has committed the offense of murder of Billie Jean Jackson. 

    (Camera pans over to Prosecutor Tarasoff and his aides. Aide passes over a trial notebook to Tarasoff, and indicates a passage on the open page. Tarasoff nods)

    (O.S.)

The defendant has pled not guilty to the charge. Thus, there are issues of fact which must be decided by a jury, subject to instructions concerning the law, which the Court will give to the jury. The jury is obligated to follow those instructions.

     (Camera pans back to Judge)

A trial of a criminal case begins with the selection of a jury of qualified and impartial people. In order to obtain such a jury, all of you have been summoned as prospective jurors. From your number, a jury will be selected to hear the case.

     (Camera pans over to Jackson. Jackson is drawing stick figures and caricature portraits of the prospective jurors on a legal pad)

    (O.S.)

It is necessary that you be asked various questions. Your answers will assist the Court in determining whether it should excuse you from serving in this case and will assist the attorneys in making their selection of those who will hear the case. Thus, the questions, which will be asked of you, are not meant to pry into your personal affairs. Rather they are a necessary part of the process of selecting a jury.

     (Camera pans back to Judge)

Since this is an important part of the trial, you are required to be sworn before questions are asked. Please rise now and be sworn to answer questions. 	
BAILIFF 2	
Please rise and raise your right hand. 
     (all prospective jurors rise and raise their right hands)
Do you swear to tell the truth, the whole truth, and nothing but the truth so help you God?	
JURY PANEL	
     (all prospective jurors)
I do.	
JUDGE 2	
You may be seated.
     (jury panel sits)
Please listen carefully to all questions. Take your time in answering questions. Some of the questions may require you to recall experiences during your entire lifetime. Therefore, search your memory before answering. If you do not understand the question, raise your hand and say so. If, later on, during the examination, you remember something, which you failed to answer before or which would modify an answer you gave before, raise your hand and you will be asked about it. Your answers must not only be truthful but they must be full and complete. If your answer to any of these questions involves matters which are personal or private, you may so indicate and you will be given an opportunity to state your answer at the bench.

     (Camera pans back to Prosecutor Tarasoff, who is looking over the jury.  Aide passes note to Tarasoff. Tarasoff looks at jury panel, mouths “you’re right”)
     (O.S.)
The trial of a lawsuit involves considerable time and effort, and the parties are entitled to have their rights finally determined. The failure on your part fully and truthfully to answer questions during this stage of the trial could force the parties to have to retry the lawsuit at some future date.

     (Camera pans over to Jackson who is busy erasing part of one of his pencil sketches.  Camera pans back to Judge)
The Court will now read to you an instruction on the law applicable to all criminal cases. The charge of any offense is not evidence, and it creates no inference that any offense was committed or that the defendant is guilty of an offense.

The defendant is presumed to be innocent unless and until, during your deliberations upon your verdict, you find him guilty. This presumption of innocence places upon the state the burden of proving beyond a reasonable doubt that the defendant is guilty.
    (Camera pans over jury panel. Several are not paying attention to the Judge.  One is yawning. One has arms crossed and is staring at the ceiling)
     (O.S.)
A reasonable doubt is a doubt based upon reason and common sense after careful and impartial consideration of all the evidence in the case. Proof beyond a reasonable doubt is proof that leaves you firmly convinced of the defendant's guilt. The law does not require proof that overcomes every possible doubt. If, after your consideration of all the evidence, you are firmly convinced that the defendant is guilty of the crime charged, you will find him guilty. If you are not so convinced, you must give him the benefit of the doubt and find him not guilty.

     (Camera pans back to Judge)

Is there any of you who, if selected as a juror, could not, for any reason, follow that instruction? If so, would you please raise your hand.	
One male juror raises his hand. 
JUDGE 2	
Yes, Juror 37. Do you have a problem with the instruction as I have just read it to you?	
JUROR 37	
Well, yeah. It's kinda stupid. I mean, the police wouldn't have arrested him if he didn't do it.	
JUDGE 2	
You are excused.
     (to Bailiff 2)
Please escort the gentleman out. 
     (Bailiff leads Juror 37 out as Judge 2 continues)
Is there anyone else who has a problem with the instruction as I have read it to you thus far? If so, please raise your hand.
     (beat, no one raises a hand)
Fine. The comments you just heard from Juror 37 are not evidence, and must not be considered in any manner. Is there any one who does not believe that he or she can disregard the comments made by Juror 37? If so, please raise your hand. 
(beat, no one raises a hand)
Fine. Does the Defendant have any objection to proceeding with this panel?	
JACKSON	
    (looks up from his drawing)
No, Judge. The Defendant has no problem proceeding with this panel. But thank you for asking.	
JUDGE 2	
     (takes a moment to glare at Jackson)
Does the Prosecution have any problem with proceeding with this panel?	
PROSECUTOR 2	
No, your Honor. The Prosecution has no problem with proceeding with this panel.	
JUDGE 2	
Fine. Then I will continue reading the instruction. It is your duty to follow the law as the Court gives it to you in the instructions even though you may disagree with it. Are there any of you who would not be willing to follow all instructions which the Court will give to the jury? If so, would you please raise your hand. 
     (beat, no one raises a hand.  Judge indicates the Prosecutor)
This is Mr. Pavel Tarasoff, the prosecutor, who is representing the State.
     (indicates Jackson)
This is Mr. Allen Andrew Jackson, the Defendant, who is representing himself.
The prosecutor will question you first and then the defendant will question you.

Counsel for the state may proceed.	
Camera shows the court room clock at 10:20. Fade, clock now shows 3:55.  Camera pans the jury panel. Two panel members are asleep.
PROSECUTOR 2	
The State has no further questions, your Honor. 	
JUDGE 2	
Very well, then. Mr. Jackson, you may address the panel.	
JACKSON	
     (seated with his hands at his chin, his thumbs under his chin, his index fingers extended in front of his mouth, and the last three digits on each hand intertwined. Beat. He slowly lowers, then steeples his hands, then slowly separates them and places them on the table)
Good afternoon. My name is Allen Andrew Jackson, but I more commonly go by Andrew or Andy. I thank you all for your patience today. I know it has been a long day. I only have a few questions. First of all, I'd like you to think back to this morning, when you were sworn in. Is there any one of you who does not believe that the swearing in of a witness is important? If so, please raise your hand. 
     (no one on the panel raises their hand)
Good. So, to be very clear, every one of you understands the importance of swearing an oath. If any of you are unsure, please raise your hands.
     (no one raises their hands)
Fine. Now is there any one among you who does not
     (emphasises "not")
believe that the Constitution of the State of Missouri, the organic or underlying law of the State, is important?
     (still no one raises their hand)
Okay. I have just one more question. Is there any one among you who cannot count to sixteen? 	

INT. COURT ROOM-TRIAL - DAY 

Court is in session. A 12 person jury is seated in the jury box. Two assistant prosecutors are seated at the Prosecutor's table, which is covered with documents and files, several books including a copy of Missouri Supreme Court Rules of Criminal Procedure and "Missouri Approved Instructions Criminal", several volumes of criminal statutes in Vernon's Annotated Missouri Statutes (VAMS), the State’s red revised statutes books, a personal computer, and various bagged evidence including the video tape, cufflink, and placards from the restaurant. Prosecutor 2 (Tarasoff) is standing in front of the jury box, holding the evidence bag with the gun, and finishing his opening remarks. 

Jackson is seated alone at the Defense's table. Herbster is in the first row of the audience seated behind Jackson, and next to Minton. The only items on the Defense table are a single yellow ruled pad, two black pens, one red pen, a pad of sticky notes, and three small piles of paper clipped white papers which are face down.

The Camera pans over the Prosecutor's table, then shows the Defense table, stopping on the ruled pad. There is a vertical line drawn down the center of the page. At the top left, there is the handwritten statement "Pros. Opening Remarks". There are no other notes.

There is a standing room only crowd. 

PROSECUTOR 2	
     (opens in mid sentence)
Upon your thorough review of the evidence, that you will find the Defendant guilty as charged. Thank you.    
     (returns to his seat)	
JUDGE 2	
Mr. Jackson, do you wish to make an opening statement?	
JACKSON	
     (rises)
Thank you, Your Honor.
     (walks in front of the Prosecution table, and picks up the gun, and the video tape. Walks to the center in front of the jury box, and faces the jury)
Good morning, Gentlemen and Ladies. We had an opportunity to meet a couple of days ago. But let me take a moment to reintroduce myself. My name is Allen Andrew Jackson. I'll be your Defendant this morning. Like the State, I want to thank you for your participation in today's proceedings. Now you've just heard the esteemed counsel for the State of Missouri
    (turns and indicates Tarasoff)
tell you all about how the evidence will show this,
     (holds out the bag with gun)
and how the evidence will show that 
     (holds out the bag with the videotape, roars)
However!
     (beat, softly)
None of that is going to happen. Thanks. 
     (walks back over to the Prosecutor's table and deposits the two bags. Walks back to the Defendant's table and sits down)	
JUDGE 2	
The State may call its first witness.	
PROSECUTOR 2	
The State calls Officer Peter Wilson.	

Wilson takes the witness stand, and remains standing to be sworn.

BAILIFF 2	
Please raise your right hand. Do you swear to tell the truth, the whole truth and nothing but the truth, so help you God?	
WILSON	
I do.	
JUDGE 2	
You may be seated.
     (Wilson sits)
The State may examine Officer Wilson.	
PROSECUTOR 2	
Thank you, your Honor. 
     (rises)
May I approach the witness?	
JUDGE 2	
Yes, you may.	
PROSECUTOR 2	
Thank you, your Honor.
     (walks over to position himself between the witness and the jury so that the witness will look at the jury when answering questions)
Would you please state your name for the record?	
WILSON	
Peter Wilson.	
PROSECUTOR 2	
Would you please state by whom you are employed, and the nature of your employment?	
WILSON	
I am a patrol officer for the St. Louis Metropolitan Police Department.	

JACKSON	
     (rises)
Objection, Your Honor. This witness lacks testamentary capacity.	
PROSECUTOR 2	
What! Lacks testamentary capacity?	
JUDGE 2	
Would you care to explain, Mr. Jackson?	
JACKSON	
In order to have testamentary capacity, a witness must be mentally competent to testify, and must be capable of swearing and understanding the meaning of an oath, or affirming to tell the truth. Now this witness apparently lacks one of these element. As everyone in this room knows, there is no legal entity known as "the St. Louis Metropolitan Police Department." 
     (murmurs in audience)	
PROSECUTOR 2	
This is ridiculous.	
JUDGE 2	
Control yourself, Mr. Tarasoff!
     (raps gavel)
Quiet down. Continue, Mr. Jackson.	
JACKSON	
     (picks up the three stacks of white paper)
Permission to approach the bench.	
JUDGE 2	
Granted.	
Jackson walks up to the bench and gives the Judge one set of papers, hands a second set to Tarasoff, and returns to his table with his hands steepled. He makes eye contact with Minton, who nods and steeples her hands.
JACKSON	
I ask the Court to take judicial notice of Missouri Constitution Article 4, section 12 covering the composition of the Executive Department, and its implementing legislation in Missouri Revised Statutes Appendix B, also known as the Reorganization Act of 1974. 	
Camera shows assistant prosecutors trying to locate the statutes on the personal computer and in the red revised statutes books.
JUDGE 2	
So noted.	
JACKSON	
I also ask the Court to take judicial notice the Official Manual of the State of Missouri 2003-2004 Edition, commonly known as the Blue Book, even a few years ago when it was actually sort of violet or lavender. 	
JUDGE 2	
Also noted. Refrain from unnecessary editorial remarks, Mr. Jackson.	
JACKSON	
Sorry, your Honor. Article 4, section 12 of the Missouri Constitution establishes the composition of the Executive Branch of Missouri Government. Under Section 12, there are fifteen executive branch departments, including thirteen enumerated departments, two additional departments that may be established by the legislature, and the Office of Administration. Also under Section 12, all boards exercising administrative or executive authority must be assigned to one of the fifteen departments or to the Office of Administration. 
Now if you refer to the Executive Branch Organizational Chart in the Manual at page 323, you'll see that in addition to the thirteen enumerated departments, the Legislature also created the Department of Corrections and the Department of Health and Senior Services. 	
JUDGE 2	
Do you think you could move this along, Mr. Jackson?	
JACKSON	
I'll try, Judge. If you'll take a look at the Manual pages 895 and 896, you'll see the "St. Louis City Board of Police Commissioners" is a board assigned to the Governor. Well, Judge, as you've just seen, there is no constitutional authority to assign a board to the Governor. Boards must be assigned to one of the fifteen executive branch departments or to the Office of Administration. In short, although the State may want to treat the St. Louis City Board of Police Commissioners as a sixteenth executive branch department, in fact, it has no de jure authority to act. In the absence of de jure authority, the Board of Police Commissioners has no authority to take any action. Accordingly, it could not have employed the witness as a patrol officer.	
PROSECUTOR 2	
     (exasperated)
I don't believe this!	
JUDGE 2	
     (admonishes Prosecutor)
You'll get an opportunity to respond. Let Mr. Jackson finish.	
Prosecutor walks back to Prosecution table and huddles with the assistants.
JACKSON	
As an alleged commissioned peace officer, the witness is required to swear an oath to defend the Constitutions of the United States and the State of Missouri. So if the witness is testifying that he is employed by an entity that has no constitutional authority to act, in direct contravention of Article 4, Section 12 of the Missouri Constitution that he has sworn to defend, then the witness obviously either does not appreciate the gravity of swearing an oath, or he cannot count to sixteen and so lacks the mental capacity necessary to testify.	
WILSON	
    (stands up, indignant)
What are you saying?	
JUDGE 2	
    (raps gavel) 
Order! Sit down, Mr. Wilson. Does the State have a response?	
PROSECUTOR 2	
     (picks up Missouri Revised Statutes Volume off of table)
This objection is absurd, your Honor. First of all, I ask the Court to take judicial notice of Missouri Revised Statutes Section 590.180. 1. which provides
    (reads from book)
"No arrest shall be deemed unlawful solely because of the licensure status of a peace officer, and evidence on the question cannot be received in any civil or criminal case." 	
JACKSON	
Irrelevant and bootstrapped, your Honor.	
PROSECUTOR 2	
     (sharply to Jackson)
Let me finish!	
JUDGE 2	
Order! You will both confine and direct your comments to the Court. And you will wait your respective turns to speak. Is that clear?	
JACKSON	
Sorry, your Honor.	
PROSECUTOR 2	
Yes, your Honor.	
JUDGE 2	
Fine.
    (beat, drums pen for a few seconds)

Gentlemen, see me in chambers.

    (to the jury)

The Court is about to take its first recess. As I explained during the selection of the jury, the Court is required to read certain instructions to the jury during the course of the trial.  I am about to read to you MAI-CR 300.04.	
It is the Court's duty to instruct you now upon a matter about which you will be reminded at each recess or adjournment of Court. Until this case is given to you to decide, you must not discuss any subject connected with the trial among yourselves, or form or express any opinion about it, and, until you are discharged as jurors, you must not talk with others about the case, or permit them to discuss it with you or in your hearing or read, view, or listen to any newspaper, radio, or television report of the trial. 	

The bailiff and other officers of the Court are not permitted to talk to you about any subject connected with the trial, and you are not permitted to talk to them about it.	
The same applies to witnesses and to the defendant. He has been instructed to avoid all contacts with the jury, even to talk about matters wholly unrelated to the case. Court is now in recess.	
BAILIFF 2	
All rise.	

INT. JUDGE'S CHAMBERS - DAY 

Judge comes in and takes his robe off. Judge sits down at his desk and begins flipping through the stack of copies of the Missouri Constitution, and Manual pages. There is a knock on the door. A Guard enters.
GUARD	
Your Honor, we've brought Mr. Jackson.	
JUDGE 2	
Show him in.
    (Jackson enters, handcuffed. Guard unlocks the handcuffs and exits)
Have a seat, Mr. Jackson. I'm going to take a moment to look at these sections before Mr. Tarasoff arrives.
     (knock on the door)
Come in.
     (Prosecutor 2 enters, carrying a VAMS volume)
Or perhaps not. Have a seat, Mr. Tarasoff.	
PROSECUTOR 2	
Thank you, your Honor.
    (takes his seat)	
JUDGE 2	
All right, Mr. Jackson, give me the simple version of your argument again.	
JACKSON	
Certainly, Judge. Think of the Board of Police Commissioners for the City of St. Louis as a giant electrical appliance. Now this appliance, when fully operational, can do extraordinary things. But until you plug it in, it’s useless. Now then, the Board is a Missouri state agency. It has even promulgated state regulations that are found in the Missouri Code of State Regulations, at 17 CSR Division 20. However, the Board has never been assigned to an Executive branch department or to the Office of Administration. The Board itself can't serve as one of the two Executive branch departments created by the legislature, because those two departments are filled by the Department of Corrections and the Department of Health and Senior Services. So the bottom line is that the Board has never been plugged in. Accordingly, it has no authority to act, period. If the Board has no authority to act, its agents obviously have no such authority. You cannot have de facto operatives without de jure authority.	
JUDGE 2	
And your response, Mr. Tarasoff?	
PROSECUTOR 2	
As I started to point out in the court room, your Honor, this is an impermissible collateral attack on the arresting officer. Missouri Revised Statutes Section 590.180.1 provides 
     (reads from the book)
"No arrest shall be deemed unlawful solely because of the licensure status of a peace officer, and evidence on the question cannot be received in any civil or criminal case." 	
JACKSON	
That section is inapposite, your Honor. Look at the definition of "peace officer" at Section 590.110.3. May I?
     (takes the book from Tarasoff)
Section 590.110.3 provides, "Peace officer", a law enforcement officer of the state or any political subdivision of the state with the power of arrest for a violation of the criminal code or declared or deemed to be a peace officer by state statute. As I've explained several times, there is no power of arrest. There is no power whatsoever. Mr. Wilson simply is not a peace officer within the meaning of the section. 	

JUDGE 2	
Give me a moment, Gentlemen.
     (pulls out the sheet on Missouri Constitution Article 4, Section 12. Beat, reads the sheet)
Unless discontinued, all present or future boards, bureaus, commissions or other agencies of the state exercising administrative or executive authority shall be assigned by law or by the governor as provided by law to the office of administration or to one of the fifteen administrative departments to which their respective powers and duties are germane.
     (takes out the sheet with Missouri Manual Executive Branch Organizational Chart. With his finger, he traces over each of the departments)
Okay, there are fifteen. Now, Mr. Tarasoff, how does the State respond to the contention that the Board of Police Commissioners has no authority to act?	
PROSECUTOR 2	
Well, first of all, Judge, the State is being blind sided by this whole argument.	
JACKSON	
Nonsense. You're a licensed attorney. In your oath of admission to the bar you solemnly swore to support the Constitution of the State of Missouri. Surely you read it before you signed your license.	
PROSECUTOR 2	
Of course I've read the goddam constitution!	
JUDGE 2	
That's enough. This is your last warning, Gentlemen. Continue, Mr. Tarasoff.	
PROSECUTOR 2	
Even, assuming arguendo, that the Board of Police Commissioners did not have authority to appoint Officer Wilson, Officer Wilson was still within his rights to make a citizen's arrest. 
     (looks over his notes)
"A private citizen may arrest on a showing of the commission of a felony and reasonable grounds to suspect the arrested party, to prevent an affray of breach of the peace, and for a misdemeanor if authorized by statute." State v. Devlin, 745 South West Second 850, at 851-52. Mo. App. 1988.	
JUDGE 2	
Mr. Jackson?	
JACKSON	
Well, that's certainly creative. I hadn't considered that.
    (beat)
Hmm, a private citizen with a gun and handcuffs, who Mirandizes suspects. I suppose the State plans to offer Mr. Wilson immunity in exchange for his testimony about how, with gun drawn in public, he heroically effectuated the arrest of a man quietly sipping a cup of coffee, for the commission of an alleged felony that was not committed in his presence. I can see it now. 	

INT. COURT ROOM-WILSON EXAMINATION - DAY 

A look at Jackson's thoughts about what would occur in the court room. Officer Wilson is on the stand being questioned by Tarasoff.
PROSECUTOR 2	
Mr. Wilson, how did you come to be at Tony's?	
WILSON	
I received a radio call from dispatch about a shooting. Dispatch said, “Constitutionality aside, we know you are a private citizen who happens to carry a loaded gun because the Missouri legislature overrode the will of the people of Missouri and the Governor’s veto on the right to carry concealed weapons law, who just happens to be in the vicinity of a shooting.”	
PROSECUTOR 2	
Where were you when you received this call from dispatch?	
WILSON	
I, a private citizen, was sitting with my loaded gun and handcuffs, in my car in downtown St. Louis at Seventh and Pine, several blocks from Tony's.	
PROSECUTOR 2	
Was dispatch at Tony's?	
WILSON	
No.	
PROSECUTOR 2	
How did dispatch learn about this alleged shooting?	
WILSON	
I dunno.	
PROSECUTOR 2	
What happened when you got to the restaurant?	
WILSON	
I was met by the manager.	
PROSECUTOR 2	
What did the manager say?	
WILSON	
There has been a shooting in the dining room.	
PROSECUTOR 2	
Did he say he saw the shooting?	
WILSON	
No.	
PROSECUTOR 2	
What did you do when you entered the dining room?	
WILSON	
With my private citizen's gun drawn, I entered the dining room, and observed a man sipping his coffee. I forced this man at gun point to lie on the floor. I then handcuffed the man, and read him his Miranda rights from the little card that I always carry as a private citizen.	
PROSECUTOR 2	
Did anyone tell you that the man sipping coffee was the man who allegedly was involved in a shooting?	
WILSON	
Uh, no.	
PROSECUTOR 2	
So what were your reasonable grounds to suspect the arrested party?	
WILSON	
He was just sitting there drinking coffee.	

INT. JUDGE'S CHAMBERS 2 - DAY 

The continuation of Jackson's last monologue in Judge's Chambers.

JACKSON	
But forgetting that problem for a moment, assuming, arguendo, that Mr. Wilson effected a proper citizen's arrest, that would not explain each of the subsequent gun toting private citizens who held me in bondage. And as soon as Mr. Wilson surrendered custody of any alleged evidence, then there would be a break in the chain of custody. Accordingly, assuming we get that far, my position will be that it's all tainted in violation of the doctrine of "fruit of the poisonous tree" in violation of my constitutional rights against unreasonable searches and seizures. See U.S. Constitution Amendment IV; and Missouri Constitution Article 1, Section 15. Sorry, your Honor, I don't have copies for you. 	
JUDGE 2	
Mr. Jackson, you could have raised this issue at a preliminary hearing. But the record indicates that you waived that hearing. You also could have sought a motion in limine to bar certain evidence. Why did you wait to trial?	
JACKSON	
Double Jeopardy, Judge, under the U.S. Constitution and Missouri Constitution Article 1, Section 19. I plan to be acquitted by the jury.	
JUDGE 2	
     (beat, drums on his desk)
Well, Mr. Tarasoff, it looks like you have no case. I'd suggest that you voluntarily dismiss the charges, rather than give Mr. Jackson the satisfaction of being acquitted by the jury. Perhaps the feds can go after him for violating Mrs. Jackson’s civil rights. Then I'd suggest you go home and get a good night's sleep, because starting tomorrow, you are going to be hit by a raging blizzard of habeas corpus motions and wrongful imprisonment actions.	

INT. TALE OF THE TAPE - NIGHT

Jackson's Living Room -- Jackson is seated with Minton. Minton has a tape recorder.
MINTON	
Do you plan to fight to keep your law license?	
JACKSON	
There's no point to fighting. The practice of law is a privilege, not a right. I forfeited that privilege by committing an unpardonable sin.	
MINTON	
    (softly)
The killing of your wife?	
JACKSON	
Hell, no, Grasshopper. I pointed out that the Emperor has no clothes. That's an unforgivable breach of etiquette. They have no choice but to shoot the messenger.	
Door bell rings.
JACKSON	
Excuse me for a moment. 	
Minton turns off the tape recorder. Jackson goes to answer the door. Ogden is at the door. Ogden walks in past Jackson. She goes directly to the bar in the living room, ignores Minton, and fixes herself a drink. Jackson closes the door, then follows Ogden back into the living room.
JACKSON	
Well, hello Kelly. Kelly, this Jessie Minton. Jessie, this is Kelly Ogden.	
Minton starts to rise. Ogden waves her back down. Ogden tosses down her drink.
OGDEN	
I really don't give a fuck who your new girl friend is. 	
Minton and Jackson respond simultaneously.
JACKSON	
She's not my girl friend.	
MINTON	
     (with Jackson)
I'm not his girl friend.	
OGDEN	
     (mixes another drink)
Hey, kids. I already told you I don't give a fuck. I just came by, Andy, to give you something.
     (to Minton)
You know, from the time we were in kindergarten, nobody could ever tell me and B.J. apart. At least not until a couple of years ago.
     (downs her second drink, pulls her shirt up to reveal a Caesarian Section scar)
She really loved you, Andy. 
     (reaches into her pocket, takes out the matching cufflink, and tosses it to Jackson. Starts walking to the door)
She really did.	

INT. JACKSON'S HOME OFFICE 3 - NIGHT 

Jackson is sitting in his home office. A new, larger television is on the sideboard. Jackson pulls the surveillance video tape out of his desk, puts the tape in a VCR, then fast forwards to the shots of the couple making love with the blonde on top of the man, facing the camera. At the point in the tape where he threw the bottle to break the last television, Jackson freezes the tape. The blonde's face is obscured, but Ogden's C-section scar is plainly visible. 

										    FADE OUT
THE END