HENRY
: So he didn't rape her?
JACK
: How do
I
know. But, we've got a
case
. I
like
it. I fucking
like
it.
SUSAN
: He called her “you nigger bitch.”
JACK
: The couple next door
said
.
HENRY
: The couple next door heard “you nigger bitch.”
SUSAN
: . . . can we impeach them?
HENRY
: You impeach them and you lose the jury.
JACK
: Alright. You want to be bold?
HENRY
: Old married couple, one of them's a preacher, Jack . . .
JACK
: You want to be bold?
HENRY
: . . .
tell
me.
JACK
: How do you draw attention from a shameful act?
HENRY
: “By admitting to a more shameful act.”
JACK
: They didn't hear “you nigger bitch.”
HENRY
: They'll swear they did.
JACK
: Uh-huh.
HENRY
: What did they hear?
JACK
: They heard “
My
nigger bitch
.
”
(Pause; to Susan)
Anybody ever call you that, while he was fucking you? Crazy with love?
(Pause)
White man, to say that? Admits to
that
in a courtroom, that's so
shameful
every fucking person on the jury will have to believe him. “I'm going to fuck you now my little nigger bitch.”
SUSAN
: This isn't about sex, it's about Race.
JACK
: What's the difference?
SCENE TWO
Henry and Jack in the office. Henry is reading a report.
Â
Â
HENRY
: Hotel room: “Condition, as to be expected, lamps broken, linens in disarray, cigarette butts, liquor bottles . . .”
JACK
: This is the maid . . .
HENRY
: The
floor
manager.... her report recapitulates that of the maid, bit better English. No mention in either . . .
JACK
: And the crime scene report . . .
HENRY
(Perusing)
: No mention of sequins.
JACK
:
No
mention.
HENRY
: No.
JACK
: First responding officer is told . . .
(Checks notes)
“He ripped off my dress, he threw me on the bed.” . . .
he
sees no sequins. Fresh rookie officer. First felonyâbending over
backwards
, do it by the book. “Broken lamp, linens on the floor, liquor bottles.” No sequins.
HENRY
: . . . and we have the “phrase.”
JACK
: He called her “
my
little nigger.”
HENRY
: Is that what he said?
JACK
: You bet it is and the jury averts its eyes from the whole fucking incident. Tell me the dress again.
HENRY
: Again?
JACK
: Where is the dress? The lab?
HENRY
: The D.A., do you want me to request the dress?
JACK
: No. Tell
Kelley
. Get me,
from
the manufacturer. The specs. The dress material, the
thread
, most importantly the thread, the sequins, need
be
, we will reconstruct the dr . . . The entire dress. What size was the dress?
(To Henry)
. . . you give me ONE WOMAN. In that jury box, if he “ripped off that dress,”
any
woman. Knows: somebody
sneezes
, those sequins are coming off that dress like rain.
SUSAN
: He is waiting outside.
JACK
: What size was the dress?
SUSAN
: What size?
JACK
: Her dress.
SUSAN
: About a two.
JACK
: “About” a “two.”
SUSAN
(Checks notes)
: Dress was a two.
JACK
: About
your
size.
SUSAN
: Yes.
JACK
: I need, the sales receipt. For the dress.
Stating
the size. The sales receipt and match it to the dressâ
SUSAN
: Why?
JACK
: Because they'll say the dress was too fucking big, too fucking small, mis-
tagged
, and thus invalidates our demonstr . . . he's waiting . . . ?
SUSAN
: Yes.
JACK
: . . . and thus invalidates our demonstration.
SUSAN
: What demonstration?
JACK
: We're going to stage a
demonstration
.
HENRY
: Yes.
JACK
:
Same
dress. Exact same dress. Woman of a similar size,
you
could do it. Woman of a similar size puts on the dress. Somebody. Throws you down.
SUSAN
: Throws me down?
JACK
: Upon a
mattress
. . . put a bed in the courtâyou put that bed in the court, people are looking away anyway . . . He throws you
down
. . .
SUSAN
: The girl still says “he raped me.”
JACK
: The dress kills 'em on cross.
SUSAN
: On cross.
JACK
: We let them bring it up. Girl says, “He threw me down and raped me,” now we cross- examine. Model, puts on the dress, sequins fly, we move for a directed verdict.
HENRY
: Well this is good.
JACK
:
You
could put on the dress.
SUSAN
: Why? Because I'm black.
JACK
: Well, it has to be a black girl.
SUSAN
: Why?
JACK
: Why? BECAUSE, in fact, you put a
white
girl in the dress, what does the jury think . . .
HENRY
: “They're using a white girl, so we will not remember the victim is black.”
JACK
: That's correctâthe alleged victim, that's right . . .
SUSAN
: . . . he's waiting outside . . .
JACK
(To Henry)
: You want to hotwalk him a moment.
HENRY
: Explain it to her.
JACK
: She understands.
HENRY
: Tell her
anyway
.
JACK
: We're going to give the jury a gift.
SUSAN
: A gift?
JACK
: We're going to give them a surprise. But it works
only
as a surprise.
SUSAN
: And the surprise is the dress.
JACK
: That's right. Sufficient to get
whosoever's
on the jury, to put aside all the nonsense they think they're supposed to think
about race. And rule on the facts. Why?
(Pause)
Because the fucking guy's innocent.
SUSAN
: “Nonsense about race.”
JACK
: That's right . . .
SUSAN
: Is it nonsense?
JACK
: Most of it is. Sure.
SUSAN
: Why?
JACK
: Because we're herd fuckin' creatures; and we've all got to go home and face the people on the block.
SUSAN
: Do you think black people are stupid?
JACK
: I think black people are fragile.
SUSAN
: Are black people different from other people?
JACK
: All people are different. Sometimes they conjoin.
SUSAN
: They conjoin.
JACK
: Yes.
SUSAN
: Into.
JACK
: A group. A race. A jury, or an audience.
(Pause)
Sometimes they conjoin into a mob.
SUSAN
: And you think black people are fragile.
JACK
: I know they are.
SUSAN
: Why?
JACK
: Because you deal with shame.
SUSAN
: “Shame”?
JACK
: That's correct.
SUSAN
: More than other people?
JACK
: All people deal with shame or guilt. Jews deal with guilt. Blacks deal with shame. It's two of the wonderful ways we metabolize feelings of inferiority. Our job. Is to get them on the jury to accept our new definition of the Group to which they belong. Not “the whites” or “the blacks.” Not “the well-meaning.” Or “the people on my block.” But the
new
groupâwhich is called “the jury.” Another name
for which is, The Audience. We're going to put on a show. And when we “amuse” themâthey may forget, their individual allegiances and,
for a moment
be conjoined. But for our entertainment to succeed it has to have, surprise. And if a word gets out of the surprise's
nature
, the surprise will fail, and we will lose.
HENRY
: Jack . . .
SUSAN
: If word got out about our
strategy
, the other side would win.
JACK
: They would.
SUSAN
: What could they do . . .
HENRY
: Uh . . .
JACK
: If the case: hangs upon a sequin, all they'd have to do is
secrete
One Sequin, somewhere in the hotel room . . .
HENRY
: Jack . . .
JACK
: And there goes our case.
SUSAN
: . . . would they do that? . . .
JACK
: Oh Yes. So our task is: not to
breathe
, not even to
think
of our little surprise. For, if we can think it, the other side can, too. I would not even tell our
client
.
(To Henry)
What?
HENRY
: He wants to go to the press.
JACK
: He wants to go to the Press?
HENRY
: With this statement.
(He hands the paper to Jack. Jack reads.)
JACK
: He wants to give this fucking statement to the
press
.
HENRY
: That's right . . .
JACK
: Get him in here . . .
(Henry goes out and escorts in Charles.)
Mr. Strickland. It is my assessment. We can win this case.
CHARLES
: I'm going to go to the press.
JACK
: Mister . . .
CHARLES
: Would you read it.
JACK
: Mister Strickland, what do you think the press
is
? . . .
CHARLES
: Would you read my statement, please?
JACK
: The press, Mr. Strickland is the pillory, it is the stocks. It exists to license and gratify envy and greed. It cannot serve you. If you appeal to the press they will tear you apart.
CHARLES
: Would you please read my statement.
JACK
(Reads)
: “I believe I was wrong . . . I believe we are all brothers beneath the skin. And though I did not
legally
assault the . . .”
(To Henry)
What do you think?
HENRY
: I don't think we're brothers beneath the skin, over the skin, or in any way
associated
with the skin.
JACK
: Neither do I.
(Charles takes the paper and reads.)
CHARLES
(Reading)
: “I believe there has been a
misunderstanding
, that though the actual facts of the case are not as the young woman stated . . . perhaps,
perhaps
, on some “moral” level . . .”
HENRY
: He thinks he's wronged a girl who loved him.
JACK
: Is that what you think?
CHARLES
: I . . .
JACK
: How did you
wrong
her?
CHARLES
: I . . .
JACK
: How did you wrong her?
CHARLES
: I believe, she found herself in a difficult position and . . .
JACK
: You said you didn't do it.
CHARLES
: You said you didn't care.
JACK
: But did you do it?
CHARLES
: No.
JACK
: Then what is it you want to confess? Did you
rape
her?
CHARLES
: No.
HENRY
: That's all you were charged with Mr. Strickland.
JACK
: Had you had sex with her before?
CHARLES
: Yes.
JACK
: Consensual sex?
CHARLES
: Yes.
JACK
: And
this
night; was this with her consent?
CHARLES
: . . . yes. But. I . . .
JACK
: We're listening.
CHARLES
: I may have made
promises
to her.
JACK
: Do you think her actions abrogate any promises you may have made to her.
CHARLES
: No.
JACK
: No, you do not.
CHARLES
: No.
JACK
: Because . . .
CHARLES
: I gave her my word.
JACK
: I don't understand . . .
CHARLES
: I . . .
JACK
: You gave her your word to
what
?
CHARLES
: I . . .
HENRY
: Well, let's get the players straight here, because you want to talk to the
press
, but you don't want to talk to your lawyers.