Monster (2 page)

 

Mr. Evans, who participated in the robbery, will testify that there was a struggle, which resulted in the gun being discharged and Mr. Nesbitt being killed. Mr. Nesbitt had every right to defend his property, every right not to be robbed. We all have that right.

 

Further, there will be evidence that prior to the robbery there was a plan, or conspiracy, to rob the store. Mr. Evans and Mr. King were to enter the store and do the actual robbery. Another of the planners of this crime was to stand outside the drugstore and impede anyone chasing the robbers. The young man who had this assignment will testify to his role in the affair. Yet another of the conspirators, the planners of this robbery that left a man dead, was to go into the store prior to the robbery to check it out, to make sure that there were no police in the store. To make sure that the coast was clear, as they say.

 

Two of the conspirators will testify to
their understanding of this fact. The man who was to enter the store and check it out is sitting at the other table. His name is Steven Harmon.

 

CUT TO: STEVE HARMON. Then: CU of the pad in front of him. He is writing the word
Monster
over and over again. A white hand (O'BRIEN's) takes the pencil from his hand and crosses out all the
Monsters
.

 

O'BRIEN (whispering)

 

You have to believe in yourself if we're going to convince a jury that you're innocent.

 

CUT TO: MS of PETROCELLI.

 

PETROCELLI

 

A medical examiner will testify to the cause of death, showing that the gunshot wound was fatal. Even though it was Mr. Nesbitt's gun, it was not Mr. Nesbitt who caused his own death. This was no suicide. This death was a direct result of the robbery. Very simply put,
this is a case of murder. It is, moreover, a murder committed during a felonious act. The 2 defendants you see before you will be shown to be participants in that act and are being charged with felony murder. Later, the judge will give you instructions on how to consider the evidence presented. But there is no doubt in my mind, and I believe by the end of the trial there will be little doubt in yours, that these 2 men, James King and Steven Harmon, were all part of the robbery that caused the death of Alguinaldo Nesbitt. Thank you.

 

CUT TO: LS of COURTROOM. O'BRIEN is at attorneys' podium.

 

CUT TO: STEVE's MOTHER, on wooden bench in the gallery area, listening intently. Her face looks worried.

 

O'BRIEN

 

The State correctly says that the laws of a society provide protection for its citizens. When a crime is committed, it
is the State that must apply the law in a manner that offers redress and that brings the guilty parties to justice. But the laws also protect the accused, and that is the wonder and beauty of the American system of justice. We don't drag people out of their beds in the middle of the night and lynch them. We don't torture people. We don't beat them. We apply the law equally to both sides. The law that protects society protects all of society. In this case we will show that the evidence that the State will produce is seriously flawed. We will show not only that there is room for reasonable doubt—and you will hear more about that idea at the end of this trial—but that the doubt that Steve Harmon has committed any crime, any crime at all, is overwhelming.

 

As Mr. Harmon's attorney all I ask of you, the jury, is that you look at Steve Harmon now and remember that at this moment the American system of justice demands that you consider him innocent. He is innocent until proven
guilty. If you consider him innocent now, and by law you must, if you have not prejudged him, then I don't believe we will have a problem convincing you that nothing the State will produce will challenge that innocence. Thank you.

 

CUT TO: BRIGGS.

 

BRIGGS

 

Good morning, ladies and gentlemen. My name is Asa Briggs, and I will be defending Mr. King. Miss Petrocelli, representing the State, has presented this case in very broad and grandiose terms. But you will soon see that her key witnesses are among the most self-serving, heartless people imaginable. Some of them will begin their testimony by swearing that they are criminals. You will have the unpleasant task of listening to people who have committed crimes, who have lied and stolen, and in at least one instance has been an admitted, and let me emphasize this, an admitted accomplice to murder. But in
the end you will have the opportunity to judge the State's key witnesses and to deliver a just verdict. What I am asking you to do is just that. Judge what they bring up on the witness stand, and then deliver your just verdict. Thank you.

 

CUT TO: WITNESS STAND. JOSÉ DELGADO is on the stand. He is young, very well built, and articulate.

 

JOSÉ

 

I'm on until 9—the store closes at 9. So in the afternoon I either go home and grab a bite or go out for Chinese. That night I went out for Chinese. Usually I get something and eat it in the back. When I went out, everything was okay.

 

PETROCELLI

 

What time did you leave the drugstore?

 

JOSÉ

 

Four thirty, maybe 4:35 at the latest.

 

PETROCELLI

 

And what did you discover on your return?

 

JOSÉ

 

At first I didn't see anything—which I knew was weird because Mr. Nesbitt wouldn't leave the place empty. I went around behind the counter and I saw Mr. Nesbitt on the floor—there was blood everywhere—and the cash register was open. A lot of cigarettes were missing, too. Maybe 5 cartons.

 

PETROCELLI

 

And did you call the police?

 

JOSÉ

 

Yeah, but I knew Mr. Nesbitt was dead.

 

PETROCELLI

 

Mr. Delgado, are you familiar with the so-called martial arts?

 

JOSÉ

 

That's my hobby. I have a black belt in karate.

 

PETROCELLI

 

Is that fact pretty well known in the neighborhood in which the drugstore operated?

 

JOSÉ

 

Yeah, because whenever I was in a match and it made the papers, Mr. Nesbitt used to put the paper in the window.

 

PETROCELLI

 

Did police ever visit the drugstore?

 

JOSÉ

 

Sometimes they would come in and sneak a smoke.

 

PETROCELLI

 

Nothing further.

 

BRIGGS

 

You state that 5 cartons of cigarettes were missing?

 

JOSÉ

 

That's right.

 

BRIGGS

 

Five, not 6?

 

JOSÉ

 

Afterward I checked the inventory. It was 5.

 

BRIGGS

 

What medical school did you attend?

 

JOSÉ

 

None.

 

BRIGGS

 

But you said you knew that Mr. Nesbitt was dead. You were sure of it. That right?

 

JOSÉ

 

Pretty sure.

 

BRIGGS

 

Sure enough to stop and do inventory before trying to help your boss?

 

JOSÉ

 

I didn't take inventory right away, I just noticed. You work in a store, you notice if something is missing.

 

BRIGGS

 

How long did it take?

 

JOSÉ (pissed)

 

I don't remember.

 

BRIGGS

 

Nothing further.

 

O'BRIEN

 

No questions.

 

PETROCELLI (as JOSÉ steps down)

 

The state calls Salvatore Zinzi.

 

CUT TO: SAL ZINZI on the stand. He is nervous, slightly overweight. He wears thick glasses, which he touches over and over again as he testifies.

 

PETROCELLI

 

Mr. Zinzi, where were you when you first became involved with this case?

 

ZINZI

 

Riker's Island.

 

PETROCELLI

 

Why were you there?

 

ZINZI

 

Stolen property. A guy sold me some baseball cards. They were stolen.

 

PETROCELLI

 

You knew they were stolen?

 

ZINZI

 

Yeah. I guess.

 

PETROCELLI

 

While you were at Riker's Island, did
you engage in a certain conversation with a Wendell Bolden?

 

ZINZI

 

Yes, ma'am.

 

PETROCELLI

 

You want to tell me about the conversation?

 

ZINZI

 

He said he knew about a drugstore holdup where a guy was killed, and he was thinking of turning the guy in to get a break.

 

PETROCELLI

 

And what did you do as a result of this conversation?

 

ZINZI

 

I called Detective Gluck and told him what I knew.

 

PETROCELLI

 

Because you wanted a break too. Is that right?

 

ZINZI

 

Yeah.

 

PETROCELLI

 

So Bolden told you he knew about the crime. Was there anything else?

 

ZINZI

 

That was it.

 

PETROCELLI

 

Did he tell you about some cigarettes?

 

ZINZI

 

Yeah, he—

 

BRIGGS

 

Objection! She's leading.

 

PETROCELLI

 

Withdrawn. What else did he tell you?

 

ZINZI

 

That he got some cigarettes from this guy. Two cartons.

 

PETROCELLI

 

Did he tell you the name of the person he got the cigarettes from?

 

ZINZI

 

No, just that he was sure the guy was involved in the holdup.

 

PETROCELLI

 

Nothing further.

 

CUT TO: BRIGGS at the podium.

 

BRIGGS

 

You wanted a break, Mr. Zinzi. Why did you need a break? You only had a few months to do; isn't that right?

 

ZINZI

 

Some guys were…sexually harassing me, sir.

 

BRIGGS

 

Sexually harassing? Were they calling you a sissy? What does “sexually harass” mean to you?

 

ZINZI

 

They wanted to have sex with me.

 

BRIGGS

 

So to save yourself from being gang raped—Is that what they wanted to do to you?

 

ZINZI

 

Yeah.

 

BRIGGS

 

And you were afraid?

 

ZINZI

 

Yeah.

 

BRIGGS

 

You were afraid, and you would have said just about anything to get out of that situation. Isn't that right?

 

ZINZI

 

I guess so.

 

BRIGGS

 

Would you lie?

 

ZINZI

 

No.

 

BRIGGS

 

Let me get this straight, Mr. Zinzi. You'd buy stolen goods for profit, rat on somebody to save your own hide, but you're too good to lie. Is that right?

 

ZINZI

 

I'm not lying now.

 

BRIGGS

 

As a matter of fact, this Bolden was going to see what he could get out of this, but you stole his chance, too. Didn't you?

 

ZINZI

 

I guess.

 

BRIGGS

 

No further questions.

 

O'BRIEN

 

Mr. Zinzi, how long were you in jail?

 

ZINZI

 

Forty-three days.

 

O'BRIEN

 

Do people in jail look for stories to report to the police?

 

PETROCELLI (calmly)

 

Objection. The question's too vague.

 

O'BRIEN

 

Well, let me put it this way, Mr. Zinzi. This Mr. Bolden was going to use this story for his own benefit, is that right?

 

ZINZI

 

Right.

 

O'BRIEN