Barrio Barrister (F-10)
For Barrio Barrister (F-1) click here. For BB (F-9) click here.
INT. MALDEF OFFICE — DAY
Miguel talks on phone with Antonio, lawyer, same age as Miguel(29). Miguel plays nervously with pencil. We hear V.O. over Miguel talking on phone, then fade in his conversation.
(Subtitle:) Offices of the Mexican American Legal Defense and Education Foundation-1972
ELDER MIGUEL (V.O.)
I don’t think there has ever been a time since then when I’ve gone to court that I didn’t remember the utter failure I felt that day. I vowed to always be fully prepared after that.
MIGUEL
(into phone)
Yes, yes…it’s my first real one since Ortiz. First time I’m lead counsel. He’s charged with resisting arrest and battery on a police officer. But, heck, he’s the one who got battered.
INT. OFFICE — DAY
Antonio, is on phone. INTERCUT.
ANTONIO
I always figured you’d be the first of our little group to get ahead.
MIGUEL
I’ve got a feeling these cops have a history in the barrio. If I could just find someone else who has also dealt with them before. Someone who knows what they’re capable of.
ANTONIO
Hmmm. You know Neil Herring from Ben Margolis’ office? He made a motion for discovery his last trial.
MIGUEL
Discovery, huh?
ANTONIO
You know, when you ask for records on a policeman. You can find witnesses who can testify against him. Maybe sumpin’ you could use.
MIGUEL
Well, yes, I actually did use that a lot when working with Art Garcia.
DISSOLVE TO:
INT. LA MUNICIPAL COURTROOM — DIVISION 20 — DAY
Miguel is standing before JUDGE ROONEY.
MIGUEL
Good morning, your honor, Miguel Garcia on behalf of Mr. Andujo. Fourteen days ago I filed a motion for discovery to find witnesses that would have a direct impact…
JUDGE ROONEY
(breezily)
Denied.
MIGUEL
(stymied)
But, your honor, this goes to the credibility of the officers testifying against my…
JUDGE ROONEY
Again — denied.
MIGUEL
(takes a deep breath)
This is crucial…I ask for a continuance of 30 days so I may prepare a writ to a higher court ruling on this matter…
JUDGE ROONEY
Denied!
MIGUEL
Your honor…I request… 20 days to pre…
JUDGE ROONEY
Denied.
MIGUEL
Ten days, your honor. Only just…
JUDGE ROONEY
Denied!! The trial will begin Monday morning. Counsel, I suggest you be there.
ELDER MIGUEL (V.O.)
That was the beginning of a steep learning curve in using my newly discovered tool; discovery. That case got settled out of court, but I received an important ruling on my writ to the Appellate Court.
INT. MALDEF OFFICE — DAY
Miguel is examining a letter from the Apellate Court.
ELDER MIGUEL (V.O.)
My appeal was rejected.
He wads up the paper, stops and then carefully unfolds it.
ELDER MIGUEL (V.O.)
But something caught my eye. The decision clearly stated that the police records were discoverable. However, in order to avoid fishing expeditions, the request had to be more specific.
DISSOLVE TO:
INT. COURTROOM — DAY
Miguel is before a judge, who mouths “Denied”.
ELDER MIGUEL (V.O.)
I got more specific with my motions. But judges kept denying them anyway, out of hand.
INT. ANOTHER COURTROOM — DAY
Another judge denies him.
INT. MIGUEL’S HOME WITH GLORIA — EVENING
Miguel finds postcard from Apellate Court in the mail, saying “Appeal Denied”.
ELDER MIGUEL (V.O.)(CONT’D)
Apellate courts refused my appeals. I was making only a grand a month, and my marriage was beginning to show signs of strain.
INT. MIGUEL’S HOME WITH GLORIA — NIGHT
Miguel and Richard Cruz are sharing a joint in living room.
RICHARD CRUZ
Look, it’s just the way things are in this system. You can’t fight it.
MIGUEL
No.
(exhales smoke, passes joint) What’s missing is a published opinion — a precedent — that establishes the validity of discovering police complaint files routinely.
RICHARD CRUZ
(inhales, coughs)
Have you been specific enough in your requests?
MIGUEL
Yes, yes, yes. Most often I ask for records of complaints of an officer using excessive force.
(takes joint, inhales)
I get no explanation…no good reason…no nothing…nada…just denied … denied…denied. Damn! Just burned a hole in my trial coat.
RICHARD CRUZ
You need a break, amigo. Take a vacation. You’re getting nowhere.
Gloria enters sorting through mail.
GLORIA
Hey, Richard.
RICHARD CRUZ
Hi, Gloria.
MIGUEL
Hello, mi amor.
GLORIA
Bill…bill…bill. I thought lawyers were supposed to be rich.
RICHARD CRUZ
(ruefully)
Maybe corporate lawyers.
GLORIA
Here’s another of those postcard thingies.
Miguel’s anger flares. He grabs the card. Gloria and Richard look at one another fearfully. Miguel tears the postcard and slams a chair hard against a wall. He storms out.
GLORIA
(tearfully)
I can’t take this any more, Richard. I really can’t.
CU Torn postcard saying “Appeal Denied”
MASON (V.O.)
So you smoked grass. Did you do anything stronger?
ELDER MIGUEL
Mushrooms and later acid. Almost got me in trouble once.
MASON
With the cops?
ELDER MIGUEL
Worse. With my folks. I had gone to visit them and was pleasantly surprised to find my niece CHA CHI and nephew GABRIEL were spending the night. I decided to stay over so I could take them to a park the next day.
CROSS FADE TO:
INT. LIVING ROOM OF PARENT’S HOME — NIGHT
Miguel is sitting comfortably in an upholstered chair. Bob Dylan is playing on a record player.
ELDER MIGUEL (V.O.)
After everyone had gone to bed I was listening to some Dylan when I found some blotter acid Gloria had given me. I took it and was tripping pretty good when two little creatures who couldn’t sleep came to visit me.
Miguel jumps when Cha Chi and Gabriel start to play fight with him. He joins in playing with them.
INT. PARENT’S BEDROOM — LATER THAT NIGHT
Chayo (Miguel’s mom), gets up, puts on robe, and goes to check on children. She comes racing back into the bedroom.
CHAYO
Miguel, wake up! Wake up!
DON MIGUEL
(sleepily)
What’s wrong?
CHAYO
The children. Someone’s kidnapped them! Hurry!
She races out of the room. Don Miguel climbs out of bed and follows her to the living room.
INT. PARENT’S LIVING ROOM — NIGHT
Chayo has stopped, her concern turned into a smile. Don Miguel looks into the room and sees Miguel’s back still sitting in the chair. The record is skipping, the two children are on his knees — and all three are sound asleep.
ELDER MIGUEL (V.O.)
I had had my motions for discovery denied by judges or apellate courts eight times by then. Gloria had filed for divorce. I lived in a world of rejection that affected everything I did.
DISSOLVE TO:
For Barrio Barrister (F-11) click here.
