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| "Neighboring Species" - Transcript Done by Barbara and
Melly |
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Written by: David E. Kelley
Directed by:
-------------------- Disclaimer --------------------
I do not own the characters in this story, nor do I own any rights to the
television show 'The Practice'. They were created by David E. Kelley and
belong to him and David E. Kelley Productions.
This transcript was written by Barbara and Melly
------------------------------------------------------------
Extra Characters:
Maxine Ship - Lindsay's first client
Mr. Emerson - Man suing Lindsay's client, Maxine.
Doctor - Doctor who Eugene, Ellenor and Jamie represent.
Mr. Davies - Opposing counsel on Eugene's case
Lawyer (No name given) - Opposing counsel on Lindsay's case
Judge Fox - Judge on Eugene's trial
Judge Kittleson - Judge on Lindsay's trial.
******************************
Opens in the hallway outside DYDF (Or is it now DYF?) Bobby and
Lindsay are coming out of the elevator.
Lindsay: If I pick him up after Doctor Ash, that'll give me time to go
straight… oh look. I think it's a client. That could be my first client.
Why else would she be sitting there? Do you think she is a client?
Bobby: (whispers) Why don't you ask her.
Lindsay walks up to the lady.
Lindsay: Excuse me.... You are here to see?
Client (Maxine) (gets up): Lindsay Dole. Attorney at Law. Mother.
Lindsay: That's me. How did you here of me?
Maxine: Well I came to see Pat Mageeb. He's not here. And I saw the door
and I figured I can see whatever lawyer. But actually I think I have heard
of you. Aren't you the lady who shot somebody?
Lindsay: I did, but I bit it. Technicality. Come on in.
Client: Ok (they walk towards the door) Ah, it wasn't a client you shot.
Right?
Lindsay: Noooo...
*******************************
Cut to: The office. Eugene is walking around the office and Jimmy is
following him.
Eugene: It doesn't concern you.
Jimmy: It concerns the firm, which concerns me Eugene.
Bobby walks in.
Bobby: What's going on?
Jimmy: (to Eugene) Tell him.
Eugene: A client came in last night. I took the case. Jimmy doesn't like
it.
Jimmy: The client does stem cell research.
Ellenor: It's an abatement proceeding what the big deal?
Jimmy: The big deal is it's political hot button that this firm doesn't
need. And I think it should've been discussed.
Ellenor: Oh come on. Don't hide behind that. Why don't you just say it:
You don't like the research.
Jimmy: It isn't that.
Ellenor: Political hot button!? When did we ever shy away from a case?
Jimmy: This office was bombed before Ellenor.
Ellenor: Yes, by a client that we defended murder charges. Does that mean
we should shy away from all homicide cases.
Bobby: All right. (Ellenor and Jimmy look at each other, Bobby looks at
Eugene) Eugene.
Eugene: It's all politics. (He turns towards Jimmy) And I guess now
religion.
Jimmy: It isn't that. Look. We are all in agreement that we face some
public relations obstacles. We still get hate mail over Lindsay.
Eugene: Lindsay doesn't work here any more.
Jimmy: But people don't really know that. Come on I am not being
unreasonable. This could blow in our faces. And I think we should've
discussed this.
Eugene: There wasn't time. And with all due respect Jimmy at the door, you
weren't listed as the partner.
Jimmy: Fine
Jimmy and Eugene exchange looks.
Eugene walks away towards the door: 1 o'clock I'll let you know. Come on.
Ellenor and Jamie follow.
Jimmy: Three lawyers!!!
Eugene: You wanna come. That'll make three and a half.
Jimmy: Hey you know what?
Bobby: Jimmy!
(Eugene closes the door behind him)
Bobby: You provoked him!
Jimmy: My only b... I think the firm should've discussed this first. This
is gonna blow up in our faces.
Bobby looks concerned.
Opening credits.
**************************************************************
Lindsay: That's it? Just singing.
Client: Well I sing loud. I have a big diaphragm. Jesus Christ my savior
gave me a booming voice and a big heart and I try to use both.
Lindsay: Ok. And your neighbor? Is there bad blood?
Client: Nooo... He's a nice man. He just doesn't care for my singing,
which is his right. I know it's a free country, to each it's own, but in
the spirit of that freedom I should be able to sing. Right?
Lindsay: Well if he is bringing nascence action he is basically saying
that you interfering with the quite enjoyment of his home.
Client: That's hooey. He is a loud man. He doesn't do anything quite. You
should here him watching the Patriots. That's my goal by the way. To one
day sing the national anthem at the Patriots game.
Lindsay: Ok. Well there is hearing scheduled for 2 o'clock. Let's see how
we do.
Client: OK... I have a very good feeling about you. I can tell you are a
warm person.
Lindsay: Thank you.
*****************************************************************
In court
The other lawyer (Matthew Davies): Look whenever a zoning ordinance is
passed somebody invariably gets put out of business. That is not an
uncommon result.
Eugene: It is certainly uncommon for the city to spread of the court to
enforce that ordinance. And the impact on my client is hardly incidental.
That ordinance was passed for the express purpose of closing the door....
Davies: Were you in the room Mr. Young?
Eugene: I didn't have to be Mr. Davies. The doors are as transparent as
the motive.
Davies: If Mr. Young is claiming that city lacks the authority to rezone
dis...
Eugene: I am not claiming that. I am saying this ordinance was arbitrary.
It was propagated in bad faith. It is politics and
contrary to what Mr. Davies (we hear the sound of printer printing and
Eugene stops. He turns and looks at Jamie who is printing
something from her laptop computer.)
Judge Rudy Fox: Council.
Jamie: I apologize. (she hands the paper to Eugene)
Eugene: You honor I call your attention to Blankenship vs. Metrowski
wrenchingly decided in 195....(a long pause) 7 (he turns and looks at
Jamie).
Jamie gets up: The city of power alter a rezone if permitted use sounds
for the purpose of closing down a pharmacy. The court start downy
ordinance as arbitrary and invalid. It's decidedly on point.
Davies: I reiterate. Every time a city zones or rezones somebody claims
foul.
Judge Fox: Don't insult me Mr. Davies. The zoning board earns a midnight
alt to push this through. It earns dispatch top gun to get injunctive
relief. The victim here is a facility that just happens to do stem cell
research. Do you really mean to tell me they are not a target?
Davies: Even if the ordinance was designed to impact the facility and I
make no such confession. I maintain the action was neither arbitrary nor
capricious.
Judge Fox: I want to see the chairman of the zoning board in the witness
chair.
Davies: A big you pardon.
Judge Fox: The motive of the board is very much in player Mr. Davies and
from where I sit this ordinance smells like a dead decaying rat. Get the
chairman in the hot seat or you won't like my ruling.
Cut to: They are all walking outside the courtroom.
Ellenor (to Jamie): 1957?
Jamie: It was on point.
Ellenor: Yes decidedly. We all heard.
Eugene: Never mind. Look (to their client) The good new is obviously the
judge seems with us. The bad news by calling evidentiary hearing this name
is headed for debate on merits which means you could be testifying.
Client: Fine
Eugene: Not so fine. No Offence, but in my experience scientists make the
lousy witnesses. I need somebody to exude passion.
Client: I can do that.
Eugene: All the same, I need somebody...
Client: Eugene! I have diabetes. Both my father and grandfather died of
Alzheimer's. Don't worry about the passion.
**************************************
Back in the office
Lucy: The press is calling, word is already out.
Jimmy: Great!
Eugene: What! Suddenly we are afraid of the media?
Ellenor: Our Judge Fox is a registered republican. Did we know that?
Eugene: So?
Ellenor: Soooo. Given the administrations policy against stem cell
research she may not favor us as much as we thought.
Jamie: Actually President Bush very quietly shifted his policy on that.
They issued a clarification that allows the private funding.
Ellenor: That's not exactly true. There is one other danger. This case
hits all the abortion buttons.
Jimmy: Gee.
Ellenor: And since Roe v. Wade as vulnerable which fox also knows I am
concerned about Davies turning this into a referendum. I am sure they are
the ones who tipped of the press.
Bobby: Why is Roe versus Wade vulnerable?
Ellenor: Hello, Have you glanced at the Supreme court lately? Rehnquest.
Scalia, Thomas, Kennedy. Even Sandra Day O'Connor, this
court could overturn Roe in a blink of an eye.
Jamie: Actually, that's not necessarily true, if you look at it in 1992
you'll see Kennedy O'Connor all supported Roe.
Ellenor: Wrong. We lose one justice we lose Roe versus Wade.
Bobby: Look you don't want to get into Roe versus Wade. This case is much
simpler than that. And it deals with the authority of the zoning board.
Period. And that's where your focus is.
Jimmy: Killing embryos is simple to you.
Eugene: Hey Jimmy, do us a favor. Don't comment.
Jimmy: I don't like the hostility.
Bobby: Come on guys....
Jimmy: I can't comment on the merits of a case now?
Eugene: You can comment as a lawyer. I'd even appreciate that. But I don't
need you flapping your Catholic fathers.
Rebecca: Heey you guys (they are all talking can't make out what they say)
Jimmy: If I ever said to you stop flapping your black wings you'd jump....
Again all talking at the same time
Eugene: ...ever see me to that.
Bobby: Heey!!!
Jimmy: Let me tell you something. The fact that I don't like stem cell
research it goes to humanity not religion. But since you bring it up I
don't apologize for being Catholic and I am sick and tired of you and
everyone else declaring war on Catholicism just because…
Eugene: I didn't declare war on anything.
Jimmy: Yes you have. Because of a few bad priests. Yes you have, and I am
sick of it.
Bobby. All right! That's enough!!! Both of you! You, (to Eugene) focus on
the case. You (to Jimmy) stay away from him.
Eugene walks away.
Jimmy: I didn't provoke that one.
********************************************
Commercial:
***************************************
Cut to: The office. The phone rings. Lucy picks up.
Lucy: Donnell, Young, Dole and Frutt. Oh I am sorry you've got the wrong
number. Everyone makes that mistake. I believe the number you are looking
for is 557 run a rod up your rectum. Bye...
Rebecca: I don't mean to criticize your work...
Lucy: They were looking for the lawyer defending the fetus factory
Rebecca.
Rebecca: I see. Well, as long as you don't inflame them.
Lucy: These people are already on fire Rebecca.
Jimmy: These people...
Rebecca: Jimmy.... (long pause)
Jimmy: You support what this laboratory is doing Rebecca? Really?
Rebecca: Look at our client base... How many engage in activities we
support?
Jimmy: That doesn't fly. Here we are enabling the activity.
******************************************************
In the courtroom, Lindsay's case. Mr. Emerson is on the stand.
Mr. Emerson: I love music, and I am very found of Maxine. She knows this.
She is a good person but.... I just can't take it.
His lawyer: Take what Mr. Emerson?
Mr. Emerson: (almost yells) The singing. Every morning, 8:15 and it's the
same song "One moment in time". She bellows it. My walls practically
shake.
His lawyer: Is this really such a problem?
Mr. Emerson: You know I said the same thing to myself at first. Just a few
minutes. What's the big deal? It's not like she has a bad voice. But...
Well... When I bought this condo. It was mine, you know. And a person
looks to realize a few dreams when he becomes a property owner. You know
what I mean judge?
Judge Kittelson: I am sure I do but I never tire of hearing it said aloud.
Mr. Emerson: My dream was a cup of coffee and a morning paper. A quite cup
of coffee in my very own dominion as I sit and read the sports section. I
don't get this. I get "One moment in time". Every single day.
His lawyer: Did you ever ask her to stop?
Mr. Emerson: Yes. She said she just had to sing it. And it had to be in
the morning. And it had to be loud. It was her way to get ready to face
her day. And I just couldn't take it any more.
************************************************
In another courtroom.
Board Chairman: So we took steps to stop it.
Davies: So you don't deny you rezoned this district to purposely put the
Wayne Cell Technology Institute out of business?
BC: We will it poses a danger to the community. It represents a magnet for
protests, possibly violent protests, even religious
terrorism.
Davies: Because their research involves stem cell research?
BC: Yes. Abortion clinics have been attacked and similarly rezones because
of safety concerns. We did the same thing.
Eugene: So this is all about safety?
BC: Yes
Eugene: Protecting Lives?
BC: Yes
Eugene: Protecting human life?
BC: I know where you are going and that wasn't it!
Eugene: You are a member of the republican party Mr. Blayne?
Davies: Objection! This doesn't concern politics.
Eugene: Oh, it doesn't?
Davies: The issue before this court is weather the zoning board acted
capriciously?
Judge Fox: I agree. The objection is sustained!
Eugene: You say sir, that Wayne Cell Technology Institute might be a
magnet for violent protest because of the type of research it does.
BC: Correct!
Eugene: Has it ever been targeted to your knowledge?
BC: No. Are we suppose to wait till it happens?
Eugene: Ever received any threats?
BC: I don't know where you've lived the last year Mr. Young but this can
blow up absent of threat these days.
Eugene: So we should just start zoning out any possible target of
violence. Is that your position sir?
BC: Our position is we should zone out this particular facility.
Eugene: And is located in the same district and Mass General hospital is
it not?
BC: Yes
Eugene: Is it your feeling sir that if Mass General began a program on
stem cell research that you would zone it out of business.
BC: No, that is not my feeling.
Eugene: Why not? Mass General is a world be known hospital. It could
become a high profile magnet for protests.
BC: I believe that people would wave all the public good Mass General does
against the controversy of the research and find it to be redeeming
facility.
Eugene: Ahhh, and you don't think my clients Institute serves the public
good?
BC: No, we don't.
Eugene: Thank you Mr. Blayne!
Swoosh: Lindsay's office
Maxine: You want me to testify?
Lindsay: Here is the thing. Right now it doesn't seem like a hardship for
you not to be able to sing the song.
Maxine: Yes it is!
Lindsay: Let me finish! Which means for us to win we need you to impress
the judge why it's so important to you!
Maxine: It's how I start my day.
Lindsay: Yes, we have to make the strong case as to why you need it to
start your day. I can't make that showing Maxine.
Maxine: That's why I hired you!
Lindsay: No lawyer is going to be able to convince a judge that a person
needs to kick of her morning with "One fine day!"
Maxine: "One moment in time!"
Lindsay: I need you to speak from your heart! Can you do that?
Maxine: Jesus gave me a big heart!
Lindsay: Yes and I want you to use it. Just like you do your
diaphragm. Tell that judge. Make us all feel it. Can you do that Maxine?
Maxine: Yes, I can. I will.
Lindsay: Good!
*************************
Bobby knocks on Eugene's door.
Eugene: You still here?
Bobby walks in, closes the door and sits on the chair.
Eugene: Something's on your mind!
Bobby: (takes a deep breath) Yeah... I don't know whether I am your best
friend any more Eugene. But you are still pretty much mine.
Eugene: And I am pretty much honored.
Bobby: I am Catholic Eugene! And your anti-Catholic remarks....
Eugene: Whoa... Whoa... Whoooaa. I am not anti-Catholic Bobby. I am angry
at the Catholic church, I think the church should go legit, but I assure
you I am not anti-Catholic! (pause) Look I am a Christian man. To tell you
the truth I don't know the difference between my protestant denomination
and Catholicism, other than our hymns have a little more pep.
Bobby: Are you Christian? Really?
Eugene: Now I feel the judgment and I don't like it.
Bobby: Eugene, I am not usually religious guy, but I do believe in God. I
believe a man has a soul.
Eugene: You think I don't?
Bobby: Maybe in theory. But what you live by... You believe in the law!
And you know what it happens to most criminal defense attorneys.
Eugene: What happens?
Bobby: We free killers for a living. Rapists. People who sometimes go on
to rape and kill others. And the only way we live with ourselves is to
treat the law like a religion. That's what you do! And over time...
(Pause) It's making you angry. (pause) I think you got this void...
Eugene: Really? You're wrong! And I have a case I need to work on.
Bobby: Ok look, I am not in here to say go get born again. But out of
respect for me... (pause) and Jimmy. Lay off the anti-Catholic rhetoric.
Sad music in the background.
*************************
Commercial
**************************
In the courtroom.
Maxine: Law self esteem when I kind of made me obese(?). Than he said I am
depressed. He prescribed Prozac, then Zoloft, then some bullet size fat
pills I can't even pronounce. None of it worked. I got up every day and I
felt the same.
Lindsay: Which was?
Maxine: Like a donut. This big wad of soft dough with giant hole in the
middle. I could barely get out of bed. And I drag my overweight
overmedicated fat self to work and I stayed at my job, which made me more
depressed which made me eat more, which made me more fat, which made stink
more... Until I found the song...
Lindsay: The song?
Maxine: "One moment in time" By Whitney Houston The woman has heart, and
hers would speak to mine through that song. And I so loved to sing. I tied
it and you know what? It worked! The melody, the lyrics. Whatever. I just
puff myself up with inspiration and hope and I charge of to work. And you
know what else? I got good at what I do. I no longer stink. I am no longer
depressed. Still fat!
Lindsay: Maxine. Do you have to sing it in the morning?
Maxine: Yes! Before I start my day. I am not trying to upset Mr. Emerson.
He knows I like him. And I promise you I need to do it. I swear.
Lindsay: Thank you Maxine!
Other lawyer: Could you sing it for us now?
Maxine: What?
The Other Lawyer: The word booming has been used to describe it but Mr.
Emerson tells me one cannot fully appreciate the quacking nature of your
performance unless one actually experiences it.
Lindsay: Your owner I object!
Judge Kittelson: Why? We are all sitting here wondering what the big deal
is. Why don't we just listen for ourselves.
Mr. Emerson: And try to drink a cup of coffee I dare you!
Judge Kittelson: Thank you Mr. Emerson!
Maxine: I need my boom box I don't sing alone.
Judge Kittelson: Ok, You can get your accompaniment and come back. But
Miss Ship you will be under oath as you sing which means to be truthful
you must sing at the same volume you do every morning.
Maxine: Oh don't worry your owner. I only know one way to sing it.
Judge Kittelson: Very well. We will adjourn until 11 o'clock at which
point we will hear your rendition of...
Maxine: "One moment in time"
Swoosh...
Eugene's client: We do not consider ourselves a security risk.
Eugene: Why not?
Client: We do not maintain a high profile. If you drove by our building
you might not know it's a biomedical research facility. And to date we
have never faced so much as a picket line. So the idea that we are magnet
for protest is totally unfounded.
Eugene: OK. Doctor you heard you heard Mr. Blayne talking about serving
the public good.
Client: I was offended by that testimony.
Eugene: Why?
Client: Our research is designed to save lives. There is no other motive.
We are not like a pharmaceutical company who develops a life saving drug
which just so happens to bring in a billion dollars in revenue. None of us
are getting rich here. None of dream or hope to. Our goal, the only goal
is to protect human life against disease. Along with treatments for
Alzheimer's, Parkinson's, heart disease. We are talking about leading
causes of death in this country and around the world.
Eugene: But Doctor, you know the concern. Today stem cell, tomorrow
cloning.
Client: We do not clone. We never will. And I take additional offence that
the implication we are a bunch of mad scientists running around with petri
dishes.
Davies: You certainly seems indignant Doctor.
Client: When religion raises it's ugly head to squash medical progress I
get indignant.
Davies: You consider religion to have an ugly head?
Client: I am a man of faith and I do believe in religion. But yes I am
coming to the opinion that the head is often the ugly part.
Davies: Your lawyer thinks this is all politics. You think it's religion.
Do you allow any room for possibility that your facility might be a target
of violence? Any?
Client: I consider such possibility negligible. It certainly doesn't
warrant shutting our doors.
Davies: Because you in the business of saving human life. Tell me doctor,
when do you believe human life begins?
Client: According to the law?
Davie: No I am not talking about the legal definition. I am asking you as
a person of medical science. When does human life begin?
Client: When an organism matures into a being depends on...
Davies: I am not talking about the beginning of a human being doctor. And
I know you know what I am asking you is not a complex question so I am
going to ask you one more time. From the medical science perspective when
does human life begin?
Client: In its organism form upon conception.
Davies: When an egg is fertilized in an embryos forms. Correct?
Client: Yes.
Davies: And your facility uses embryos is its research. Correct doctor?
Client: Yes
Davies: Human embryos?
Client: Yes.
Davies: Doctor, where do those embryos come from? (pause) Where do those
embryos come from?
Client: Many are discarded from fertility clinics.
Davies: Many. All?
Client: No!
Davies: Where do the others come from?
Client: We harvest them.
Davies: You harvest them! (dramatic music starts to play) You take an egg,
fertilize it, create an embryo and then destroy it for your research.
Right doctor?
Client: Yes!
Davies: You create human life in order to destroy it.
Client: We create the embryos to treat diseases, which are destroying
human life.
Davies: Yes that's your take on it. Certainly you are aware doctor when it
comes to stem cell research this is the public worst
nightmare that the scientists will one day go to from taking the discarded
embryos from fertility clinics to harvesting embryos
themselves. That's the stated fear of any talk show, isn't it doctor?
Client: That day has already arrived. Not only on our talk....
Davies: Doctor we need you to answer the questions I ask. You are doing in
your lab the very thing the public fears most.
Client: I don't know what the public fears most. I would think they'd fear
sickness and death.
Davies: You go to great lengths to keep your research quite so the public
doesn't find out you are harvesting embryos, don't you doctor?
Client: We keep all our research quite.
Davies: So is it your testimony should the public find out what you are
doing, you couldn't possibly become a target for violent
protests?
Client: Why don't we see! Give the public the benefit of the doubt before
you shut us down.
Davies: You've been keeping a secret because you believe in giving public
benefit of the doubt.
***********************************
Ellenor, Jamie, Eugene and their client walk into the one of those
courtroom rooms. Eugene angrily smashes the door behind him.
Eugene: Why didn't you tell us you were harvesting the embryos?
Client: I wasn't really at liberty to. We all signed confidentiality
agreement.
Eugene: Don't feed me that!
Client: Look, what we are doing is not illegal. It's going on elsewhere,
like I said, and in the near future it will be going on at Mass General
and every major research....
Eugene: (yelling) That's not the point! You were playing hard to ball with
the wrong judge.
Client: Somebody inside must have whistled, I don't know how it got out.
Ellenor: Well like you said it's now.
Jamie: May I make a suggestion? If this is why they are rezoning you maybe
a deal can be struck. If you agree to stop harvesting and only use
discarded embryos, maybe they'll drop the ordinance.
Client: We can't. We don't get enough embryos from the clinics. We need to
harvest.
Eugene: Is it worth risking being shut down?
Client: If we can't harvest you might as well shut us down. We need to win
this Eugene.
Eugene: Yeah, well you just made that a lot tougher.
************************************************
In another courtroom Maxine is singing One Moment in Time.
Each day I live
I want to be,
A day to give,
The best of me.
I'm only one,
But not alone,
My finest day,
Mr. Emerson: She sings this really good
Lawyer: She isn't exactly quaking.
Mr. Emerson: We haven't got there yet.
...is yet unknown
I want one moment in time,
When I'm more than I thought I could be.
Then all of my dreams are a heartbeat away,
And the answers are all up to me.
Give me one moment in time,
When I'm racing with destiny,
Then in that one moment of time,
I will feel,
I will feel eternity.
I've lived to be,
The very best.
I want it all,
No time for less.
I've laid the plans,
Now lay the chance,
Here in my hands.
Judge Kittleson watches, seeming to enjoy the music. Lindsay looks
stunned at how beautifully she sings, and as she is singing, people
are stopping and looking in the courtroom windows to watch and
listen.
I broke my heart,
Fought every gain,
To taste the sweet,
I face the pain.
I rise and fall,
Yet through it all,
This much remains.
I want one moment in time,
When I'm more than I thought I could be.
Then all of my dreams are a heartbeat away,
And the answers are all up to me.
Give me one moment in time,
When I'm racing with destiny,
Then in that one moment of time,
I will feel,
I will feel eternity.
You're a winner for a lifetime,
If you seize that one moment in time,
Make it shine.
Give me one moment in time,
When I'm more than I thought I could be,
When all of my dreams are a heartbeat away,
And the answers are all up to me.
Give me one moment in time,
When I'm racing with destiny.
Then in that one moment of time,
I will be,
I will be,
I will be free. (She does this one really long
eeeeeeeeeeeeeeeeeeeeeeeeeeeee)
Swoosh
Cut to a room, Ellenor and Eugene are talking when Bobby enters.
Ellenor: All we can do is argue it. It's still a state imposing it's
morality on a private facility. It's wrong and we should win. Fox is
conservative but she is a fair judge.
Eugene: Let's hope.
Bobby comes in.
Bobby: How's it going.
Eugene: Fine! Do you need anything?
Bobby: (long pause) I heard what happened in court… they're harvesting?
Eugene: Yes.
Bobby: What's next?
Eugene: I'll get up and argue the law like it's a religion, it's who I am.
Bobby: All right Eugene…
Eugene: Look, I need to prepare, so…
Bobby: I don't give a damn. I came to you in the spirit of friendship.
Eugene: Telling me I had no center?
Bobby: I never said that.
Eugene: I got the point, Bobby. I'm a man without a soul.
Bobby: You know what Eugene? You wanna make me the enemy? Fine.
Eugene: No no no, The enemy is thyself, isn't that what the bible says?
Bobby: (Sarcastically but seriously.) I take it all back. I was wrong, I
thought you were angry, clearly you're not. I thought the law was your
ideology but I can see now you're a spiritual guy. Forgive me for trying
to step between you and your profound sense of contentment. (Bobby turns
around and leaves.)
Ellenor: (Looks shocked.) Did I miss something?
Commercial Break.
Cut to: The courtroom, the lawyer opposing Lindsay is giving his closing
Lawyer: It was a splendid performance. To hear it once, fabulous, but day
after day after day after day? As Mr. Emerson stated, part of owning a
home, perhaps the very essence of it is your quiet enjoyment. To be able
to sip a cup of coffee in peace. Not all the time of course, disturbances
are a part of life, but Mr. Emerson shouldn't be forced to endure a daily
dose of what we heard in this courtroom! People do have a right to peace
and quiet. (Sits down, and Lindsay stands.)
Lindsay: Peace and quiet are overrated. I just left my firm to start my
own practice, ostensibly to find peace and quiet, but I discovered what
I've really been yearning for is a sense of being connected with people,
friends and loved ones. I've gotten to know Maxine Ship a little. I like
her. And, I just think there's too much peace and quiet going on, people
building fences, gates, getting bigger yards. Walking around with
walkmans, ipods and headphones, shutting out the world in search of
privacy, seclusion, peace and quiet. Growing more isolated if not lonely.
We're all so disconnected. I think, I think we need to start letting our
neighbours voices come through our wall a little more. (She smiles, and
Judge Kittleson smiles back, Lindsay goes and sits down.)
Cut to: A different court room, closings on the stem cell case.
Mr. Davies is giving his closing.
Mr. Davies: The reason they kept this research secret, is because they
knew the incendiary reaction it would cause. The most volatile issue in
this country is abortion, it had been for 25 years and stem cell research
triggers the same emotions, compounded by the fears and condemnation of
runaway medical science. When high tech tissue plants start to harvest
cells, organs, and body parts, there is every reason to fear protest,
violence and accordingly there is nothing arbitrary about the decision to
rezone. That's the legal argument you honor. But if I may, Mr. Blayne also
raised the issue of public good, and
the notion of that is something the zoning board should be concerned with
was basically scoffed at by Mr. Young. Well, I don't scoff at it. Our
public officials, our trustees, public welfare, must always be a vital and
relevant concern. By passing this ordinance, the zoning board is
reaffirming the sanctity to human life. Human life begins at the embryos
stage, regardless of ones position on abortion, or when an unborn should
have rights, when it becomes a person, there is no medical or political
dispute that human life in it's organism stage begins upon conception. And
I submit, it is one thing to balance the sanctity of that life against the
interest of the mother in pro choice, but it is quite another for an
entity, public or private to create human life for the purpose of
destroying it. TO say that's acceptable is to assert that human life
itself has no intrinsic value. That it's not sacred, and once society
accepts that premise, God help us. Now I'm sure Mr. Young was hoping I'd
say the
word God, because he no doubt wants to lay this argument off on religious
dogma, because in a court of law, the words God and
religion, they are ugly words, arent't hey? The reality is, if one truly
wants to find dogma in this society, it's in the idea the religion and God
have no place in our secular lives, we are much more dogmatic in out
commitment to the separation of church and state than we are towards any
faith.
Judge Fox: Mr. Davies, you're getting off track.
Mr. Davies: I don't believe I am you honor. When a nation of people, a
government that profoundly believes in the sanctity of human life, defense
should neither negate nor invalidate that belief simply because it might
be rooted in faith, or commitment to God. What they're doing in these test
tubes and petri dishes, is an atrocity, it's a violation against humanity.
And the decision to put a stop to it is anything but capricious.
Eugene: If a commission chooses to shut down a research lab because people
may protest, that's arbitrary. If you decided to close the doors on
medical progress that can save lives because of the possibility of a
public outrage, that's capricious. (Stands) There's been no violence here,
no threats, no indication of the danger the zoning board says it's worried
about, and the action by that board had nothing to do with the risks of
public safety, and it's in bad faith for them to even offer that as a
pretext. This is government shutting the doors on an idea. We all know it,
Mr. Davies knows, you know it your honor, which is why he spent the
majority of his closing not on the merits but on religion and life's
sanctity, it's irrelevant!
Judge Fox: The sanctity of life is irrelevant to you counsel?
Eugene: You honor, since a year ago everyone has become a lot more in
touch with the sanctity of human life. Nobody is more committed to that
sanctity than my clients. They do what they do to fight off diseases that
are killing us and they don't need to be told what is sacred by a city
zoning board. There is nothing remotely democratic about this abatement
proceeding, and if the petitioner is concerned about outrage, the reason
abortion and the question of where does human life begun the reason this
issue remain as combustible as it does today, we the people never got to
decide! It was done by Fiat, 9 people sitting on a bench, 9 people nobody
elected. Nobody voted for justice black men, nobody dropped a ballot in a
box and checked off the name John Paul Stevens.
Judge Fox: Now you're getting off track.
Eugene: No I am not! Our most basic human value was dictated to us by the
court, and congress can't change it, our president can't change it, the
people can't change it. We're bound with no democratic recourse to even
address it, because the supreme court says 'Let no elector process tear us
under.'. That's what the public is still angry 30 years later, and that's
why it remains this country's civil war. (Ellenor and Jamie look surprised
at how well Eugene is doing.) I believe in God your honor, as I do in the
sanctity of human life, but once sanctity of democracy is that we the
people enjoy religious and political freedom and the liberty to decide for
ourselves what is sacred. Here we are today with the city zoning board
running to a court to impose it's own intrinsic human value. Let the
protest begin.
Cut to: The other courtroom, Judge Kittleson is entering with her
verdict.
Bailiff: Be seated.
Judge Kittleson: Ms. Ship, to be honest I wouldn't be thrilled to heard
that booming voice every morning, but Mr. Emerson, when I was buying a
house, I asked my real estate broker about privacy, and she said oh, this
is a quiet neighbourhood. You don't have to worry about your neighbours
getting all chummy, or throwing block parties, people here like to keep to
themselves. They said that as a selling point, something to drive the
price higher. It's a sad thing when people go to court to stop their
neighbours from singing. You motion for a TRO is denied, I'm entering
judgement for the defendant.
Maxine; Thank you!
Judge Kittleson: We're adjourned.
Maxine hugs Lindsay.
Maxine: Thanks you so much.
Lindsay: Congratulations.
Maxine: (Laughs). I just had such a feeling about you! Lindsay smiles.
Cut to:
Bobby and Lindsay are walking together in the office.
Lindsay: (Happily.) I loved it. It was so much fun practicing again.
(Bobby smiles at her.)
Ellenor, Eugene and Jamie enter.
Rebecca: How did it go? (Phone rings in the background.)
Ellenor: The judge said she'd rule by the end of the day. We finally gave
up and came back. Eugene was very good. (Eugene heads right into his
office.)
Lucy: The clerks offices just called. Judge Fox denied the injunction.
Ellenor: (Shocked.) She did?
Jamie: We won?
Ellenor: Incredible! Eugene!
Bobby: Ellenor let me tell him, okay?
Ellenor: Sure.
Bobby goes into Eugene's office.
Bobby: Clerks office just called, you won.
Eugene: We did?
Bobby: Congratulations, the girls said you gave quite a closing.
Eugene: I don't know, I guess I spoke from my center.
Bobby: (Closes door.) You misunderstood me Eugene. I consider you a man of
such heart, and humanity. That's why I worry about you. Anyway,
congratulations.
Eugene: Bobby, you know the closing the girls liked so much? I got up and
argued the law like a religion.
Bobby: Yeah, and here you sit, the winner.
Bobby turns and leaves, leaving Eugene looking thoughtful.
The End
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