Race (3 page)

SUSAN
: What does it cost us if we win?

JACK
: Good for you.

SUSAN
: What's his “Racial History?”

JACK
: “Racial History?”

SUSAN
: Yes.

JACK
: What's the guy's racial history? To the extent we can we're going to make it up 'cause otherwise in this office we, speaking for the group, do not give a fuck.

SUSAN
: We don't?

JACK
: Here's what it is is, I ran out of whatever it was I need to give a fuck. Other than as it may affect the interests of our client. Which is to say, of my pocketbook. 'Cause. That's what we, I miss my guess, do for a living. I tried being poor. I didn't like it. Did
you
like it? . . .

HENRY
: I didn't like it either.

JACK
: I gotta talk to Greenstein.

SUSAN
: What do you think happened?

JACK
: What do I think happened?

SUSAN
: In the room.

JACK
: In the
hotel
room?

SUSAN
: Yeah.

JACK
: How would
I
know?

HENRY
: What do you think happened?

JACK
: I'll tell you what I think. I
think
that
women
. Just like
men
. In the main, being self-interested, will exploit every advantage they may have. Chief among theirs, youth and beauty. Just as will men, who possess the advantages of being old and rich.

SUSAN
: And white.

JACK
: You bet.
(Picks up newspaper, reads)
“He ripped off my new sequined dress. He threw me down upon the bed. And raped me.”
(Picks up another newspaper, reads)
“Room all askew . . . ”
This
motherfucker—looks to me like instigating a
race
riot.
H

ENRY
: But
note
: the order. Putting, to her mind, graver offenses first. “He ripped my dress.”

SUSAN
: She's a poor girl. She
loved
the dress. It meant respectability.

JACK
:
Is
she a poor girl? . . .

HENRY
: If she's not, she'll look like one the D.A. puts her on the stand . . .

SUSAN
: “He ripped off my red dress.”

HENRY
: . . . he'll put her up there in a fucking
cotton
sack.

JACK
: What did
you
make of him?

 

 

SUSAN
:
I
thought . . .
HENRY
: I'll tell you what
I
thought.

 

 

SUSAN
: No, go ahead.

JACK
: No, you. I want to hear what
you
think.

SUSAN
: I thought. Here's a fellow, “charismatic,” as they say . . .

JACK
: . . . charismatic . . .

SUSAN
: . . .
part
of his charisma is his reticence.

HENRY
: . . . oh my.

SUSAN
: Which we may interpret as reserve, or
manners
.

HENRY
: Or standoffishness.

JACK
: Which is to say “money.”

SUSAN
: Or, yes, or we might say “intelligence”? Or quote “natural grace,” because nobody's going to come out and admit that they're awed by his money.

HENRY
: Well, yeah. But that's the problem with the jury.

SUSAN
: Which is?

HENRY
: Whatever he did, they're going to hate him.

SUSAN
: Sure.

HENRY
: Sure why? Because he's white?

SUSAN
: You bet.

HENRY
: Well—that's the face of the case you
can't
change.

JACK
: He flirt with you? He flirted with you, didn't he?

SUSAN
: Did he flirt with me, I suppose he did.

HENRY
: What'd he do?

SUSAN
: He,
I
don't know . . .

HENRY
: Oh, yes, the little ways “women ‘just know' when a man is interested in her . . .”

SUSAN
: That's right.

HENRY
: And was he interested in you?

SUSAN
: He flirted with me.

HENRY
: Yes, deniably.

SUSAN
: Well, that's the essence of the act.

JACK
: And so your first impression was . . . ?

SUSAN
: I disliked him.

HENRY
: Why?

SUSAN
: He has a wedding ring.

JACK
: That make him guilty of rape?

SUSAN
: I think he is guilty.

HENRY
: You know that he raped the girl?

SUSAN
: He
acts
guilty.

JACK
: How does a guilty man act?

HENRY
(To Susan)
: Get Kelley's office. Get his guy on the phone, you have the list.

JACK
(To Henry)
: Hold on.
(To Susan)
How does a guilty man act?
(To Henry)
Hank, what's he doing out there? He got his head in his hands or is he puffing up all righteous?

HENRY
: Well let's go see.

JACK
(To Susan)
: How does a guilty man act?

SUSAN
: In this instance?

JACK
: Yes.

SUSAN
: Accused of raping a black woman, he encounters a black woman, who
knows
of the accusation. Who is there to
defend
him, and he flirts with her. What is
that
?

JACK
: You tell
me
.

SUSAN
: A desire for punishment. He wants to be punished.

JACK
: Why?

SUSAN
: To be readmitted to the group.

JACK
: Why has he been expelled?

SUSAN
: Because he's guilty.

JACK
: Of rape?

SUSAN
: Independent of rape.

JACK
: What's he guilty of?

SUSAN
:
In
effect: the norm which he
has
violated is: he has been caught in the appearance of a Racial Impropriety. Which would force those who would judge him. Into an intolerable position.

JACK
: Tell me.

SUSAN
: Whites would think to find him innocent is racism. Blacks would think that to do so is treason.

JACK
: Do you think he raped her?

SUSAN
: Do
you
?

JACK
: I want to know what
you
think.

SUSAN
: Why? Because I'm black?

JACK
: Sure. And, “women,” alright, know things no man knows.
You
look at a man, across a room, you know. What his intentions are.

SUSAN
: That's right.

JACK
: Ah, so I'm smarter than you thought.

SUSAN
: You sure?

JACK
: I'll prove it to you. Blacks. Know things no white man knows.

SUSAN
: Tell me one thing.

JACK
: That the whites will screw you. Any chance we get. We cannot help ourselves.

SUSAN
: Now tell me why.

JACK
: Because we know you hate us.

SUSAN
: How do we get him out of it?

JACK
: Is that what we want?

SUSAN
: Yes.

JACK
: Are you sure?

SUSAN
: Yes.

JACK
: And if we lose?

SUSAN
: Are you used to losing?

JACK
: Very flattering.

SUSAN
: Everyone is entitled to a defense.

JACK
: Is that so?

SUSAN
: I believe it.

JACK
(To self)
: . . . fucking
country
. . .
(To Susan)
Alright. What are the Two Things. I told you. On Day One.

SUSAN
: You have to make them like your guy enough to let him off.

JACK
: Or?

SUSAN
: Make them like
themselves
enough, for making a quote difficult decision.

JACK
: What were the words
I
used?

SUSAN
: “Give them a hook upon which to hang their bad judgment.”

JACK
: Tell me one.

SUSAN
: She's a homewrecker. She's: Destroying the Sanctity of the American Home.

JACK
: And why do we “like” him.

SUSAN
:
That's
why we like him. We get to discover he's the victim. Everyone loves the victim.

JACK
: On a secure line?

SUSAN
: . . . yes?

JACK
: She's
black
. We cannot
put
. Enough White people. On the jury. To find one who is not afraid. Of being thought prejudiced. By letting him off, on your theory.

SUSAN
: Because?

JACK
: She can't be a homewrecker.

SUSAN
: Why not?

JACK
: Black people are allowed to commit adultery.

SUSAN
: Is that in the Constitution?

JACK
: No. It's in the public mind.

SUSAN
: Well,
that's
harsh . . .

JACK
: . . . you want the truth or a lie?

SUSAN
: Then are you saying that we shouldn't take the case?

JACK
: Not under that theory.

SUSAN
: Under what theory then?

JACK
: Alright.
(Pause)
Let's turn it upside down.

SUSAN
: Alright.

JACK
: Jury comes in. What do they want?

SUSAN
: What?

JACK
: To struggle bravely against prejudice, and, then, find our client guilty.

SUSAN
: Why?

JACK
: Because he's sitting in the dock. Why would the state
put
him there if he was innocent? They are participants in what they conceive of as a “
pageant
.” They call it “The Pageant of Justice.” Here is its plot: We will serve the law by our rapt attention to the forms—and then, as a reward, find the fellow guilty.
Our
job, is to involve them in a different story.

SUSAN
: What is the different story?

JACK
: I don't
know
. It's . . . it's . . . maybe it's
not
a pageant . . .

SUSAN
: What
is
it?

JACK
: Maybe it's a war story.

SUSAN
: How does it go?

JACK
: War story goes like this: you ain't going to believe this, but this is the God's Truth. End of the day, maybe they let your guy go.

SUSAN
: Because he's innocent?

JACK
: No, because his entertainer—that would be me—put on a better show.
(Pause)
Didn't they tell you that on the Law Review?

SUSAN
: I . . .

JACK
: The jury has a story. In their head. About what happened in that room. We have to drive that story out of their heads.

SUSAN
: How?

JACK
: Tell them a better story.

SUSAN
: For example?

JACK
: For example. What do you recall, about your trip to Venice?

SUSAN
: Why Venice?

JACK
: Why not? What do people recall? Of their trip to New York? The Statue of Liberty? They knew that before they came. They go to Paris, but they don't recall the Eiffel Tower. They
knew
the Eiffel Tower. They
recall
the little Flower Lady, and her Funny Dog. When they get home,
that's
what they talk about. The conversation they had with their cab driver. And in the jury box,
that's
what they hold to. The Special Thing that they
alone
appreciated. OUR JOB is to create that experience. Which allows them the illusion of autonomy. Do that in courting, the woman expresses her appreciation, lifting up her dress; in law they do so, by letting your client go free.

SUSAN
: They express their gratitude.

JACK
: Yes.

SUSAN
: By “lifting their dress . . .”

HENRY
: We gonna take the case? . . .

JACK
: How's the client?

HENRY
: Holding.

JACK
: I need to talk to Greenstein. And I need the information from Bob Kelley.

SUSAN
: Yes. Good.

HENRY
: His guy's not picking up.

JACK
(To Susan)
: Call his various numbers, get his guy on the phone.
Email
him our list. I need it now.

HENRY
(To phone)
: Yes.
(Covers the phone; to Jack)
Nicky Greenstein.