Barrio Barrister (F-17)
It is recommended you reread Barrio Barrister (F-1). You can get it by clicking here. If you wish to reread BB (F-16) that is here.
EXT. ELDER MIGUEL’S POOL AREA — DAY
Miguel and Mason have opened beers. Mason has found some sun lotion and is applying it to himself.
ELDER MIGUEL
The prosecutor also put on Officer Kearny, some officers who wrote reports for the other two officers, and two white witnesses. Where they were able to find two white witnesses that night is beyond me. He then made a brief statement and rested his case.
MASON
How did you feel the case was going by then?
ELDER MIGUEL
We had made some points, but at that time the D.A. seemed pretty confident. We had found a couple witnesses ourselves, and put Vicente on the stand to give our version of the events. Then we put Cesar on the stand.
MASON
Oh boy. How did that go?
ELDER MIGUEL
When they tried to swear him in he said he was not religious. That didn’t score high with some of the jury, nor with the judge who ordered him to swear to tell the truth so help him God — anyway.
INT. COURTROOM — DAY
Cesar is on the witness stand.
MIGUEL
Mr. Noriega, you saw Officers Herber and Kearney demonstrate the way you came at Officer Kearney with the baton the other day in the courtroom. Will you please assume that same posture for us?
CESAR
No.
JUDGE HUEY P. SHEPARD
Mr. Noriega, you are not helping yourself.
MIGUEL
Your honor, perhaps I can shed some light on this.
JUDGE HUEY P. SHEPARD
Please do.
MIGUEL
Cesar, is there a reason you do not want to assume the pose the officers demonstrated?
CESAR
There sure as hell is. I don’t want to fuck up my operation.
JUDGE HUEY P. SHEPARD
Mr. Garcia, have you failed to properly instruct your client on courtroom etiquette?
MIGUEL
I’ve tried, your honor.
CESAR
He did, your honor. I won’t fuck — -mess up again.
MIGUEL
I apologize, your honor.
CESAR
Me, too.
JUDGE HUEY P. SHEPARD
Proceed.
MIGUEL
Did you have an operation earlier this year?
D.A. STONE
Objection, leading the witness.
MIGUEL
I’ll rephrase it. Why would you object to recreating the moves both deputies did to depict your stance?
CESAR
Because if I tried it I’d need another dam-uh — stupid operation again.
MIGUEL
What operation was that?
CESAR
Years ago I dislocated my shoulder playing half-court basketball. I dislocated it more than twenty times after that and kept getting this gnarly ball of muscle that kept increasing. They operated just six months before the pigs shot me so I can only throw side arm now.
We see one of the jurors suppress a smile. The judge shakes his head.
MIGUEL
Your witness.
D.A. STONE
Mr. Noriega, did you or did you not throw the baton at Officer Herber?
CESAR
If I had I wouldn’t have missed at that distance — but it was gone before he shot me.
D.A. STONE
You did not strike him nor throw it at him?
CESAR
No, but after the way he was hitting Vicente I wish to hell I knocked his teeth out. Sorry, judge.
The judge has an ironic smile on his face — partly not believing what has happened and partly recognizing the humanity of the situation.
D.A. STONE
No more questions.
MIGUEL
I’d like to recall Officer Herber to the stand.
DISSOLVE TO:
INT. COURTROOM — DAY
Officer Herber has resumed the stand.
MIGUEL
Officer Herber, what kind of weapon and ammunition did you have that day?
OFFICER HERBER
A .357 Magnum with a .38special.
MIGUEL
Is that regulation issue?
OFFICER HERBER
It’s higher power. I like higher power.
MIGUEL
I bet you do…
Miguel picks up two dolls from his table.
May I approach the witness your honor?
JUDGE HUEY P. SHEPARD
You may.
MIGUEL
Officer Herber, I want you to pretend that this Raggedy Ann doll was Mr. Noriega and this other doll was you. Will you take them and show the approximate positions to each other?
Officer Herber takes the dolls and has them face one another.
MIGUEL
You testified that you were on one knee and Mr. Noriega was about to hit you so, from only two or three feet away. You have the dolls about right? Now please take this red hat pin and thrust it the direction you would have fired from, through where we know the entrance wound was — two inches above his left nipple…Thank you. Let the record show that the pin exited approximately where his left shoulder blade was. Officer Herber …why did you shoot Mr. Noriega?
OFFICER HERBER
To stop him from striking me with the baton.
MIGUEL
Couldn’t you have shot him in the leg to stop him — he was so close?
OFFICER HERBER
It is the policy of the sheriff’s department to always aim to kill.
MIGUEL
You aimed to kill him?
OFFICER HERBER
I wanted to kill him.
MIGUEL
(long pause)
Did you want to kill him from the time you stopped the car for a traffic violation?
OFFICER HERBER
I wanted to kill him at that moment.
MIGUEL
Could it be you were angry that a small, crippled man had taken the baton you were beating his friend with and thrown it away?
D.A. STONE
Objection. Redundant and argumentative.
JUDGE HUEY P. SHEPARD
Please save the editorials for your closing arguments, counsel.
MIGUEL
I’m sorry, your honor. Please help me again, Officer Herber. This time hold the dolls how my client testified you were standing — with you standing up and Mr. Noriega — after throwing the baton away, had turned and bent down again. Please, push this blue hat pin through the same entrance point. Let the record show that the pin is exiting the right side of the doll’s breast.
Miguel returns to his table and collects a piece of evidence introduced by an expert witness earlier.
MIGUEL
Officer Herber. This is the doctor’s report made at the USC Criminal Medical ward on October 5th, 1975, which is Defense evidence #6. The medical expert we had on the stand earlier testified to its authenticity. Will you read the report from here, please?
OFFICER HERBER
The bullet entered the subject approximately 5 centimeters above and to the right of the left nipple, proceeded through the thorax shattering the #5 rib which in turn collapsed the right lung, exiting the upper right torso and also damaging the right shoulder.
MIGUEL
In your opinion, Officer Herber, is this medical report more in step with your and Deputy Kearney’s testimonies or more with my client’s testimony?
D.A. STONE
Objection, your honor.
JUDGE HUEY P. SHEPARD
To what? The witness can read. What is his opinion?
OFFICER HERBER
I don’t know.
JUDGE HUEY P. SHEPARD
You don’t know which explanation is closer to the medical report you just read?
OFFICER HERBER
(almost apologizing)
I’m no expert.
MIGUEL
No more questions.
Miguel returns to his seat at the defense table. D.A. Stone approaches the witness.
D.A. STONE
Officer Herber, how long have you been a sheriff?
OFFICER HERBER
Approximately eight years.
D.A. STONE
And in that time did you ever receive any commendations?
OFFICER HERBER
I received the Los Angeles Medal of Honor presented by the mayor.
D.A. STONE
Could you describe what you did to deserve such an honor?
OFFICER HERBER
I had been on patrol when an old man ran up to the radio car. He was extremely upset and begged me to follow him. I did and he took me to where his house was on fire. He explained his wife had gone in to look for their cat.
D.A. Stone looks over at the jury.
D.A. STONE
And what did you do then?
OFFICER HERBER
I went in, grabbed the old woman and carried her back out.
D.A. STONE
And then?
OFFICER HERBER
The couple were extremely agitated so I went back in. I found the cat hiding under a chair. I grabbed it and came back out.
CU NAVARATTE HANDS MIGUEL A YELLOW STICKY NOTE
The sticky reads “Hero saves cat”. Miguel nods agreement.
D.A. STONE
So you risked your life to save that old couple’s companion?
OFFICER HERBER
Got scratched up good doing it, but that furry friend was like family to those dear old people.
D.A. STONE
Thank you, Officer Herber. No more questions.
As Officer Herber begins to leave, he walks over to the district attorney’s table and exchanges words in low voice.
MIGUEL
Your honor, the defense calls Manuel Ortega to the stand.
D.A. Stone holds his hand up to silence Officer Herber.
D.A. STONE
Your honor, this witness is not on our list.
MIGUEL
Rebuttal witness, your honor. This is the one I mentioned would need an interpreter.
JUDGE HUEY P. SHEPARD
Over ruled. Interpreter, please.
We begin to hear a rhythmic click followed closely by a thud, repeatedly moving down the aisle.
INT. TRACKING CU OF LEGS AND WHITE CANE OF OLD MAN WALKING ALONG AISLE — DAY
Gradually, CAM pulls back revealing face of Old Man from opening scene. Old Man is older and has a badly scarred eye. As the old man continues laboriously down the aisle, Officer Herber concludes his conversation with the D.A. and begins to leave. As he passes, the Old Man, wild-eyed, turns towards Officer Herber, flailing at him with his white cane.
OLD MAN
Ese es el.
Miguel runs over to stop him, taking him by the shoulders.
MIGUEL
Señor Ortega…por favor, alto ahorita.
Officer Herber grabs Old Man roughly by the collar.
OFFICER HERBER
Knock it off, old man!
For a moment Miguel and Officer Herber stand, their faces inches apart, glaring at one another. They both have hold of the Old Man. Officer Herber finally releases him, and Miguel brings Old Man towards the stand. Officer Herber finds another officer watching, and begins speaking with him.
JUDGE HUEY P. SHEPARD
Counselor, do all your witnesses misbehave?
MIGUEL
(pained)
No, your honor. Mr. Ortega does not speak English.
DISSOLVE TO:
INT. COURTROOM — SAME DAY
Old Man has assumed the stand. He begins to speak in Spanish while an interpreter interprets what he says.
DISSOLVE TO:
EXT. OUTSIDE MODEST HOUSE IN BOYLE HEIGHTS — NIGHT
Flashback to first scene, two cops entering a home. We see Young Partner questioning the legality of entering the home without a warrant, and NOR.COP pushing his way in. First part of scene is silent — we hear V.O. over action.
MIGUEL (V.O.)
Sometimes people of color see a different side of the man who saved the cat.
INT. LIVING ROOM — FROM OPENING SCENE — NIGHT
Flashback to police entering and pushing Old Man back into his chair.
WOMAN
My son is eighteen.
WOMAN’S SON
What do you pigs want?
NOR. COP (HERBER)
You been pushin’ in the wrong neighborhood, Pedro.
WOMAN’S SON
I ain’t done nothin’.
NOR. COP
You really wanna dance, huh?
Come on, Pancho Villa. What’s it gonna be?
OLD MAN
(rising)
No tienes derecho…
NOR. COP
I told you to sit down.
(pushes him roughly)
YOUNG PARTNER
Let’s take it easy.
NOR. COP
Shut up!
WOMAN
Stop it! Stop this now!
NOR. COP
(draws gun)
You interfere with an officer doing his duty and I’ll arrest all you fucking animals. Put the cuffs on.
Young Partner puts cuffs on boy and pushes him out door.
WOMAN
No!
NOR. COP
I warned you.
He points gun at her, then slowly turns and points gun at Old Man, holding it close to his head. He cocks the gun.
CU OF WOMAN
Her face shows horror and helplessness.
MS NOR COP
Nor. Cop brutally pistol whips Old Man across his face near his eye.
INSERT CU OF OLD MAN TESTIFYING, REVEALING HIS NOW BLIND EYE AND SCARS.
He goes outside to porch where WOMAN’S SON is being held in cuffs, beats him to his knees.
NOR. COP
Well, what do we have here?
Nor. Cop drops bag of marijuana next to WOMAN’S SON.
NOR.COP
Guess we found our dealer after all. You’re goin’ away a long time.
Jerks head back by hair.
NOR.COP
Who’s the pig now, beaner? Who’s the pig now?
YOUNG PARTNER
Take it easy.
NOR.COP
You back up your partner! Always! Now you hit him and you hit him hard, or you’re gonna learn what Serpico learned the hard way.
CU YOUNG COP — WONDERING WHAT TO DO.
CU OF NOR. COPS BADGE
(badge #039881)
Dramatic music THIS TIME, CAM CONTINUES UP TO HERBER’S FACE.
INT. COURTROOM —SAME DAY.
Old Man is on the stand, pointing towards the back of the courtroom where Herber is about to leave.
OLD MAN
Ese es el! ESE ES EL!
INT. COURTROOM. — DAY
CU of Herber opening door to leave, Old Man on the stand points at him in. CAM TILTS down to badge, revealing #039881.
Note: Another way to do this is to have a split screen. Both show close ups of the badge, then both CAMs TILT UP to reveal Herber’s face on right, Herber’s face (six years ago) left.
Go to conclusion of Barrio Barrister (F-18) by clicking here.
