Barrio Barrister (F-15)
For Barrio Barrister (F-1) click here. For BB (F-14) click here.
EXT. ELDER MIGUEL’S HOUSE OVERLOOKING MIGUEL’S POOL — MORNING
The men sit on lounge chairs finishing huevos rancheros, beans, tortillas and coffee.
MASON
Did you ever go back to the California Supreme Court?
ELDER MIGUEL
Twice. Once to get rid of some fees that discriminated against the poor, and the next time when working for Cesar Chavez.
MASON
I know you did a lot of cases. Could you give me one where you used the Pitchess Motion yourself?
ELDER MIGUEL
I used it a lot after that. Let’s see. Let me start by telling you about a client I had, Cesar Noriega.
DISSOLVE TO:
INT. CLAIRMONT COLLEGE DORMITORIES — NIGHT
(Subtitle): Pomona College dormitories Saturday, October 4th, 1975 11:00 PM
CESAR NORIEGA, 22, Junior at Pomona — philosophy major who spends more time with Chicano studies, stands 5’4”, weighs 130 lbs., thin moustache, wearing a brown, black and orangish-red Pendleton over a white tee-shirt, khaki pants and orthopedic shoes paces to and fro with a pronounced limp from a bout of polio he had when 2 1/2 years old. He speaks with friends JUAN PINA, 20, sophomore at Pomona from Santa Barbara, medium long brown hair, very handsome, and VICENTE AGUILAR, 18, freshman at Pitzer College from El Centro, also longish hair. Vicente is muscular, a wrestler, and sometimes a bully. MARCO, 21, wears a bowler hat and strums a guitar.
CESAR
(pacing)
The problem is you fucking chuntaros don’t listen. They say “Go back to Mexico.” I say, “Mexico moved away from me.” They say, “learn our language.” I say, Spanish was here a hundred years before English, and Native languages thousands of years even before that. Give us back our corn and chocolate, I say-you gabachos don’t deserve it.
VICENTE
Don’t get crazy on us again, Cesar.
CESAR
Okay, okay. I will go tonight, but only because I don’t want to disappoint all the chicas on Whittier Blvd. They deserve me.
MARCO
(stops playing)
You’re a regular mangueron, Cesar.
JUAN
Who, Guicho? Huh, he wouldn’t know what to do with a real woman.
CESAR
More than you, pinche. And you need to respect your elders, ese.
VICENTE
I call shot gun.
JUAN
We need a six pack.
MARCO
No way I’m goin’ with that driver.
JUAN
Jealous man? Jealous of my ride?
MARCO
I’m not crazy.
JUAN
You mean crazy like Cesar?
MARCO
Methinks there is method to Cesar’s madness…But riding with you? No way. Look, you guys stay safe …cuidado La Jura.
DISSOLVE TO:
EXT. WHITTIER BLVD — NIGHT
Whittier Blvd.
We see car after car, mainly low riders, cruising 10 to 15 miles per hour down Whittier Blvd., the sidewalks filled with Latino young people mostly in their teens and twenties strutting their stuff.
EXT. JUAN’S CAR — NIGHT
Juan Pina’s ’68 blue Chevy Impala, lowered in the back to the height of a pack of cigarettes off the pavement, goes cruising by. The windows are down, Juan drives, Vicente is shot gun, Cesar is in the back seat. Vicente and Cesar smoke. They pretend to speak to women on the sidewalk, but not loud enough to be heard.
(Subtitle): Whittier Blvd, 12:05 AM, October 5th, 1975
VICENTE
Look at those chi chi’s.
CESAR
Here I am. Your wait is over. Your dreams have come true, chica.
As they travel East on Whittier Blvd. they pass a sheriff’s black and white patrol car stopped at a light on Atlantic Blvd. facing South.
INT. JUAN’S CAR. — NIGHT
Cesar slides across the backseat to behind the driver.
CESAR
Hey, Juan, you want another beer?
He begins to open it.
INT. JUAN’S CAR — NIGHT
VICENTE
Hey, you passed the place to turn around.
JUAN
Shit!
EXT. WHITTIER BLVD — NIGHT
Juan slams on the breaks sending the car into a short skid, then whips the car in a U-turn.
CESAR
Watch it! You’re spilling beer, cholo. Learn how to drive.
The car passes Atlantic Blvd. again. The patrol car turns the corner to get behind them.
INT. PATROL CAR — NIGHT
OFFICER WILLIAM HERBER, 30, 5’10, 165 lbs. and OFFICER STEPHEN KEARNEY, 26, 6’1” began their patrol at 11:00 PM. It is their second night together as partners.
OFFICER HERBER
Did you see that?
OFFICER KEARNEY
No.
OFFICER HERBER
He’s deuced.
He turns on squad car’s red light and spot lights. He sees Juan look back at him in his rear view mirror.
INT. BACK SEAT OF JUAN’S CAR — NIGHT
Cesar looks at the open beer in his hands, then starts to chug it as quickly as he can. He tries to keep his head down below the seat.
JUAN
Oh shit, oh shit!
VICENTE
Oh fuck, now we’re in for it.
Looking in his side mirror, Juan points to turn left on Vancouver. Officer Herber shakes his head and points to the right, indicating to pull over that direction.
JUAN
Is he kidding? There’s no place to park.
Again Juan points to the left.
OFFICER HERBER
(using loudspeaker)
Pull over. Stop by the curb.
Juan finally finds a space big enough for both cars and pulls over. The squad car parks half in the parking lane, half in the number two lane a couple car lengths behind them. Both officers get out with their flashlights. Officer Kearney goes slightly ahead, flashing his light through the back window at Cesar, and then on the two in the front seat. Officer Herber then approaches the driver.
JUAN
What can I do for you, officer?
Juan begins to open the door. Officer Herber slams it shut.
OFFICER HERBER
What do you think you’re doing, turkey?
CESAR
Hey, who you calling turkey, mother fucker?
OFFICER HERBER
Shut up. Show me your license.
Juan hands him his driver’s license.
CESAR
Show us your doughnuts, fuck hole.
OFFICER HERBER
You still at this address?
VICENTE
Still wearing your dress, marrano?
OFFICER HERBER
Registration.
JUAN
Yes…..
(vainly searches)
Can’t seem to find my registration right now.
OFFICER HERBER
Step out of the car.
(to others in car)
Just keep it up, ladies.
Officer Herber backs toward the rear of the car. When Juan comes out the officer pats him down, then sends him over to sit on the curb near Officer Kearney. Some PEOPLE on the side walk stop to watch. Officer Herber returns to the driver’s window. A CROWD slowly begins to form.
OFFICER HERBER
It’s your turn now, big mouth. Step out of the car. Not that side, slide over and out this side.
Vicente complies. Once outside Officer Herber roughly slams him against the car and commences to pat him down.
VICENTE
Ow! You pervert!
OFFICER HERBER
Slide back to your right.
VICENTE
You gettin’ your kicks, bendejo?
Vicente moves even with the rear trunk of the car. Officer Herber slams Vincent’s forehead into the trunk, grabs his left hand and clasps a handcuff on it.
OFFICER HERBER
You’re under arrest for drunk and disorderly conduct…
VICENTE
Hey, what the…
Vicente draws his right hand up and away as Officer Herber attempts to grab it. Unsuccessful, he pushes Vicente down on the trunk of the car.
INT. BACKSEAT OF JUAN’S CAR — MOMENTS LATER
Cesar reacts to the car bouncing violently.
EXT. WS JUAN’S CAR WITH SQUAD CAR BEHIND IT
The men are struggling by the rear trunk of Juan’s car. Vicente is trying to turn around. Officer Herber takes out his baton and drives the point into Vicente’s kidneys. Officer Kearney looks back and forth between the tussling men and Juan sitting on the curb. The crowd is growing in number. Cars passing by have slowed down.
CROWD VOICE #1
What are you doing, pig?
CROWD VOICE #2
Fuck you, pigs!
VICENTE
Take it easy, man. Take it easy, will you?
SOMEONE throws a rock. Officer Herber struggles to hold onto the loose part of the handcuffs. He lands blow after blow onto Vicente’s back, neck and head with his baton. The crowd keeps growing, and begins to boo the actions of the officers. Juan begins to stand up. Officer Kearney draws his gun and points it at Juan.
OFFICER KEARNEY
Get down! Stay on the curb!
Officer Herber hits Vicente repeatedly as they drift towards the center of the street. All cars stop. The crowd chants.
CROWD OF PEOPLE
Kill the pigs! Kill the pigs!
Officer Herber lifts his baton high to strike Vicente. Suddenly Cesar is there, jumping up from behind and grabbing the baton from the officer’s grip. Cesar throws the baton with a sidearm motion and watches it hit across the street. Vicente tackles Officer Herber, knocking him down.
OFFICER HERBER
Shoot him! Shoot him!
EXT. OFFICER KEARNEY’S POV — SAME NIGHT
Officer Kearney has his gun pointed at Cesar but notices a car load of people stopped directly behind Cesar.
EXT. CU CESAR — NIGHT
A shot is fired. The crowd goes abruptly silent. Cesar rises up, looking bewildered. He touches his chest in two places and his right arm near his shoulder. Blood begins to ooze.
EXT. WS SCENE — SAME NIGHT
Both officers have their guns aimed at Cesar. Cesar limps over to where Officer Herber stands with his gun pointed at him. He has a strange grin on his face.
CESAR
I’ll remember you.
OFFICER HERBER
I don’t give a damn. Get on the ground now, moron.
Cesar turns slowly and takes a step towards the crowd. The crowd starts jeering the police. Cans, bottles and a piece of cardboard fly through the air.
YOUNG GIRL
Hey, mister. You better get down before they shoot you again.
CROWD VOICE #1
Yeah, man, you better get down, please, man. Please. Please!
CROWD OF PEOPLE
Get down! Get down!
VICENTE
(getting down on the ground)
Get down, Cesar.
JUAN
Cesar, get down, man.
Cesar takes wobbly step forward and raises a clenched fist.
CESAR
Viva la Raza!
Suddenly he is struck hard on the back of the neck by Officer Herber’s gun, Officer Herber now standing behind him. By this time Officer Kearney has joined him. Officer Herber aims the gun towards the crowd.
OFFICER HERBER
Break it up now. Everyone move along.
Cesar rolls onto his back, bleeding profusely. He turns his head and sees Vicente on his stomach a few feet away, turned to look at him.
CESAR
Tell my folks I love them.
Cesar passes out cold. A switchblade knife gets thrown from the crowd and hits Officer Kearney’s leg, harmlessly. More objects fly. Officer Herber is hit above his left eye. He stumbles backwards and goes to the ground. Blood gushes. Officer Kearney aims his gun at Juan’s head.
OFFICER KEARNEY
(to Juan)
Watch it.
He kicks the knife away and goes to the squad car to call for help. Officer Herber rises, grabs microphone and calls in.
DISSOLVE TO:
EXT. SCENE OF SHOOTING — 12:30 AM
We first look down on the scene from above. We see various units arrive — dealing with the crowd.
ELDER MIGUEL (V.O.)
Before long the place was crawling with cops. More than ten squad cars. They shooed the crowd away and kept hitting and kicking Vicente and Juan.
EXT. SCENE OF SHOOTING — NIGHT
NEW COP on scene comes and kicks Juan, lying on his stomach in handcuffs, then kicks the unconscious Cesar. Vicente, also on his stomach wearing handcuffs, attempts to rise up.
VICENTE
He’s dying, man. Call an ambulance.
The NEW COP comes over to Vicente and hits him with the butt of his gun.
ELDER MIGUEL (V.O.)
They even hit and kicked the unconscious Cesar as he lay bleeding. Finally, when they got around to it, they called an ambulance. Later, Cesar claimed he felt no pain when he was shot. At the hospital ward, where he was chained to a bed, the pain became unbearable.
INT. PRISON WARD, HOSPITAL — 1:00 AM
Cesar’s underdeveloped left leg has been chained to a bed. Doctor’s and nurses sit him up for an X-ray.
ELDER MIGUEL (V.O.)
They did not give him pain killers as they lied to his parents that they had. They made him sit up for an X-ray, and they slipped a tube in his nose, another in his penis, and a third one through the exit hole…
DISSOLVE TO:
INT. PRISON WARD, HOSPITAL — NIGHT
A doctor slides a tube through the exit wound of Cesar’s right chest, into his lung.
ELDER MIGUEL (V.O.)
…made by the bullet into a collapsed lung so that a machine could help him breathe — all without anesthetic. Cesar said it was the worst pain he ever felt, like someone was poking a finger through the hole left by the bullet. The bullet missed his heart by an inch.
DISSOLVE TO:
INT. PRISON WARD, HOSPITAL-OUTER ROOM — 3:30 AM
We see Cesar’s father, LUIS NORIEGA, (50’s) and his mother, ELODIA CORTEZ DE NORIEGA(40’s), arguing with a police sergeant.
ELDER MIGUEL (V.O.)
At the hospital later, Cesar’s parents are treated rudely, and many of Cesar’s belongings like his wallet…
DISSOLVE TO:
INT. PRISON WARD, HOSPITAL, ANOTHER ROOM — SAME MORNING
Three police officers laugh as one of them holds up the orthopedic shoes, comparing the differences in their heels.
ELDER MIGUEL (V.O.)
…and his orthopedic shoes were somehow lost. Officers got a big laugh over those shoes.
DISSOLVE TO:
EXT. OUTDOOR EATING AREA ABOVE POOL AT ELDER MIGUEL’S HOME -DAY
Dirty plates are stacked to one side. Coffee cups are empty.
ELDER MIGUEL
The press, even the Pomona College paper, ran with the police account of what happened — something the press never bother to amend when they find out later they got it wrong — at least not with the same headlines they first announce it with. Juan was charged with possession of a switch blade knife. Cesar and Vicente were charged with assaulting an officer and Cesar was charged with assault with a deadly weapon. Any time officers shoot or hurt someone, they always charge their victims with a crime to cover themselves.
MASON
Hold it. What deadly weapon?
ELDER MIGUEL
The one cops use everyday, of course. The one Officer Herber later testified he used as hard as he could on Vicente. The club. Another attorney, Charles Navarette, got involved first. I came in after the Preliminary hearing, but was still able to make a Pitchess Motion before the trial. It was already July of 1976 when I filed it, basing it upon the Murgia case I had just done before the Supreme Court, the Pitchess Motion and two others. Naturally, we asked for information on all the witnesses the prosecution planned on using plus all complaints against the two police involved, and also any arrests made by the officers in which they alleged being victims of violence.
For Barrio Barrister (F-16) click here.
