PETROCELLI
And you definitely saw Mr. Harmon coming from the drugstore, as planned?
BOBO
Right.
PETROCELLI
As far as you know, was the shooting of Mr. Nesbitt accidental?
BOBO
I asked King what happened, and he said he had to light him up because he was trying to muscle him. He was an old man, but he was strong like some of them old West Indian brothers. You know what I mean?
PETROCELLI
Can you tell me how it was that you were arrested?
BOBO (embarrassed)
I sold the cigarettes to this guy—his name is Bolden, Golden—something like that. Then he sold some to a white boy and then the white boy dropped a dime on him and he dropped it on me. Once it got going it was 4-1-1, 9-1-1, 7-1-1, I guess they was dropping dimes with 800 numbers, too. Then the cops came and started talking to me. I said I didn’t know nothing about it, but then I got busted on a humble and went down.
PETROCELLI
Can you explain to the jury how you were busted?
BOBO
Man, this lame-looking brother with an attaché case come up to me and said he wanted to cop some rocks. I was so knocked out by this bourgie dude asking for crack that I slept the real deal. I laid the rocks on him and he slapped the cuffs on me. Cops don’t usually show lame. That was definitely not correct.
JUDGE
He carried an attaché case?
BOBO
Can you believe that crap?
PETROCELLI
Mr. Evans, you were promised a deal for your testimony. Can you tell us what that deal is?
BOBO
If I tell what happened, the truth, then I can cop a plea to a lesser charge and pull 10 to 15.
PETROCELLI
Are you telling the truth today?
BOBO
Yeah.
PETROCELLI
Nothing further.
CUT TO: ASA BRIGGS. He shuffles through some papers, nods approvingly, and then approaches the podium from which he will question BOBO.
BRIGGS
Mr. Evans, you admit that you were in the drugstore, is that correct?
BOBO
Yeah.
BRIGGS
You also admit that you were in the drugstore to commit a felony. Is that correct?
BOBO
Yeah.
BRIGGS
So you were in the drugstore, committing a felony—the felony in this case being robbery—and during the commission of that felony a man was killed?
BOBO
Yeah.
BRIGGS
So by your own admission, under New York State law you are guilty of felony murder, for which the possible penalty is 25 years to life without parole?
BOBO
So?
BRIGGS
And you haven’t been tried for this crime yet. So if you ever want to walk the streets again, you had better find somebody to take the weight. Isn’t that correct?
BOBO
What you saying? Am I trying to cop a plea? I just told you I was trying to cop.
BRIGGS
And we know who you are, don’t we? You’re the dope dealer and the thief who could see a man killed and then go over to a fast-food place and have a nice meal. That’s who you are, right?
BOBO
I didn’t have nothing to eat all day.
BRIGGS
So after you killed Mr. Nesbitt—
BOBO
I didn’t kill him.
BRIGGS
As far as this jury knows, you are the only man who admits being in the drugstore when Mr. Nesbitt was killed. You admitted to planning the robbery. You also admitted to taking the cigarettes, and you admitted to being there when Mr. Nesbitt was lying on the floor of the store he had worked so hard for. But now you blame somebody else for the killing to get a break for yourself, isn’t that right?
BOBO
I think King was high or he wouldn’t have shot the dude. He didn’t have to shoot him. He’s the cause of me being in this mess.
BRIGGS
Not you? You didn’t want to do the stickup?
BOBO
Man, later for you.
BRIGGS
Nothing further.
JUDGE
Miss O’Brien?
O’BRIEN (from her chair)
Mr. Evans, when did you have a conversation with Mr. Harmon about this robbery?
PETROCELLI (smiling)
Perhaps counsel wants to approach the podium?
O’BRIEN stands and goes slowly to the podium, looking at her notes.
BOBO
I didn’t have a conversation with him. He’s King’s friend.
O’BRIEN
So let me get this straight. What was Mr. Harmon supposed to do if there were cops in the drugstore?
BOBO
Give us a signal.
O’BRIEN
And what was that signal to be?
BOBO
Something to let us know there were cops in there.
O’BRIEN
And if there were no cops in there, what was he supposed to do?
BOBO
I don’t know.
O’BRIEN
You said you planned the robbery with Mr. King. Didn’t he tell you?
BOBO
I thought King had it hooked up. He told me he had everything straight.
O’BRIEN
You testified that you did not have a gun when you entered the drugstore. Is that correct?
BOBO
Right.
O’BRIEN
How did you know—how do you know now—that the gun that was used was not brought into the drugstore by whoever it was you were with?
BOBO
King said he didn’t have no gun.
O’BRIEN
So you’re relying pretty much on what you’ve been told about this robbery. Is that correct?
BOBO
’Cept what I seen.
O’BRIEN
And what you saw was when you were actually involved in the holdup?
BOBO
That’s right.
O’BRIEN
Did you ever talk to Osvaldo?
BOBO
I said a few words to him.
O’BRIEN
You told him that he had better participate in the crime or you would hurt him?
BOBO
He wanted in.
O’BRIEN
But he testified that the only reason he was involved in this stickup was that he was afraid of you.
BOBO
I wouldn’t bring anybody into a serious jam unless they wanted to be there. You can’t rely on nobody that don’t want to be there.
O’BRIEN
When you were in the drugstore—and you have admitted being there—did you see anyone else in the store?
BOBO
I didn’t see the lady.
O’BRIEN
But you know now that a lady was in the store. Is that correct?
BOBO
Yeah.
O’BRIEN
How did you find that out, from Mr. King?
BOBO
Detective told me.
O’BRIEN
King told you about the plans, or what he wanted you to know of them. The police told you about the witness. Are you sure you were there?
BOBO
I told you I was there.
O’BRIEN
As a matter of fact, your deal depends on your admitting you were there, doesn’t it, Mr. Evans?
BOBO
Yeah.
O’BRIEN
Did you talk to Osvaldo after the stickup?
BOBO
No.
O’BRIEN
Did you talk to Mr. Harmon?
BOBO
No.
O’BRIEN
How about the money? Weren’t you supposed to split the money up?
BOBO
&nb
sp; When we found out the guy was dead, we decided to lay low.
O’BRIEN
Who is the “we” who decided to lay low?
BOBO
Me and King.
O’BRIEN
Thank you; nothing further.
CUT TO: PETROCELLI, adjusting her glasses.
PETROCELLI
Prior to the robbery, just before the robbery, what were you and Mr. King doing?
BOBO
Just before we went in?
PETROCELLI
Yes, just before you went in, what were you doing?
BOBO
Waiting for him to come out.
PETROCELLI
Who are you referring to when you say “him”?
BOBO
Him, that guy sitting over there.
PETROCELLI
Let the record show that Mr. Evans is referring to Steve Harmon. Nothing further.
O’BRIEN
(Stands quickly.) But you had not spoken to Mr. Harmon prior to the stickup?
BOBO
Naw.
O’BRIEN
And you didn’t speak to him after the stickup or split any money with him?
BOBO
I told you we decided to lay low. We would have given him his cut later when things cooled down.
O’BRIEN
Did that time ever come?
BOBO
I don’t know what King did.
O’BRIEN
But as far as you know, there was no money given to Mr. Harmon.
BOBO
I don’t know what King done.
O’BRIEN
Nothing further.
CUT TO: MS of JURORS from STEVE’s point of view (POV). One JUROR, a middle-aged man, looks directly toward the camera for a long time. The camera then moves away as if STEVE has turned away from the accusing stare.
PETROCELLI
The people rest.
FADE OUT.
FADE IN: Concentric colorful circles and hurdy-gurdy music: A hustling, bustling CARTOON CITY comes alive on the screen. Then a small CARTOON MAN, dressed in an old-fashioned night-gown, looks out of his window.
CARTOON MAN (shouting)
The people rest!
On-screen all CARTOON CHARACTERS stop, cars screech to a stop, and then everybody sleeps. The people are resting.
CUT TO: INTERIOR: COURTROOM.
JUDGE
I’ll take motions this afternoon after lunch. The defense can start its case the first thing in the morning. It’s a nice day out, and we’ll adjourn and give the jury the rest of the day off unless somebody has an objection.
We see the JURY leave, then the various parties leave in turn. We see MRS. HARMON come over and talk to O’BRIEN. STEVE’s MOTHER is disturbed as a COURT OFFICER comes over and stands near STEVE.
FADE OUT.
Tuesday, July 14th
Miss O’Brien came to see me this afternoon. She looked tired. She said that Bobo’s testimony hurt us a lot and that she had to find a way to separate me from King, but King’s lawyer wanted to make sure the jury connected us because I looked like a pretty decent guy. She talked to me for almost an hour. Several times she patted me on the hand. I asked her if that meant that she thought we were going to lose the case. She said no, but I don’t believe her.
I am so scared. My heart is beating like crazy and I am having trouble breathing. The trouble I’m in keeps looking bigger and bigger. I’m overwhelmed by it. It’s crushing me.
It is a nice day on the outside. On the street below, people walk in what looks like a crisscross pattern across the narrow streets. There are yellow cabs inching along. On the corner there is a cart that sells food, frankfurters or sausages I guess, and sodas. People stand around buying what they want, then move away. It looks like something I would like to do, move away from where I am.
Tomorrow we start our case, and I don’t see what we are going to do. I hear myself thinking like all the other prisoners here, trying to convince myself that everything will be all right, that the jury can’t find me guilty because of this reason or that reason. We lie to ourselves here. Maybe we are here because we lie to ourselves.
Lying on my cot, I think of everything that has happened over the last year. There was nothing extraordinary in my life. No bolt of lightning came out of the sky. I didn’t say a magic word and turn into somebody different. But here I am, maybe on the verge of losing my life, or the life I used to have. I can understand why they take your shoelaces and belt from you when you’re in jail.
Miss O’Brien made me write down all the people in my life who I love and who love me. Then I had to write down the people who I admire. I wrote down Mr. Sawicki’s name twice.
Mr. Briggs will present King’s defense first. Miss O’Brien will go second, but she says she has to be careful because if she says anything that makes King look bad and Mr. Briggs attacks her, it will look bad for me.
“We can use some friends,” she said.
When she left and I had to go back to the cell area, I was more depressed than I have been since I’ve been here. I wish Jerry were here. Not in jail, but somehow with me. What would I say to him? Think about all the tomorrows of your life. Yes, that’s what I would say. Think about all the tomorrows of your life.
When the lights went out, I think I heard someone crying in the darkness.
FADE IN: INTERIOR: COURTROOM: DOROTHY MOORE is on the stand. She is a brown-skinned, fairly pleasant-looking woman. She looks sincerely at ASA BRIGGS.
BRIGGS
And what time do you remember Mr. King coming to your home that afternoon?
MOORE
Three thirty.
BRIGGS
And you’re sure of the time?
MOORE (confidently)
I am quite sure, sir.
BRIGGS
Nothing more.
PETROCELLI
Mrs. Moore, how often does Mr. King come to your house?
MOORE
About twice a month. He’s my cousin.
PETROCELLI
Do you remember the purpose of the visit?
MOORE
He was just dropping by. He saw a lamp that he thought I might like and he brought it by. We talked about Christmas coming up.
PETROCELLI
He bought the lamp for you?
MOORE
Yes, he did.
PETROCELLI
Do you remember if he was working at the time? Did he have a job?
MOORE
I don’t think so.
PETROCELLI
And still he took his money to buy you a lamp. You remember how much the lamp cost?
MOORE
No, I don’t.
PETROCELLI
But that was nice of him, wasn’t it?
MOORE (subdued)
I think it was.
PETROCELLI
And you like him a lot, don’t you?
MOORE
I wouldn’t lie for him, if that’s what you’re saying.
PETROCELLI
Before this visit, when did you last see Mr. King?
MOORE