Reilly 04 - Breach of Promise (37 page)

Courtney: I wanted to hate him but I never did. I just think what’s happening between them is so tragic.

Cliff: Yes, it is sad. Maybe that’s why we’re having trouble ending this discussion and getting out of here. The money isn’t really going to help her anyway.

Diane: Let’s drop the melodrama. Nina Reilly said several times that the only compensation available in this case is financial. That’s the way the law works.

Grace: I’m so tired of talking about this. It’s hard to stay worked up about Lindy’s problems after talking about them for nearly two days, although I’ve stuck to my original position because I definitely feel some sympathy.

Cliff: Remember the judge’s instructions? You can’t let sympathy influence you. As I said, that’s been a problem for me, too.

Diane: We may be bored but we are right, Grace. That’s worth a lot.

Grace: I don’t know about that. Maybe Kevin’s right, just because there’s money, it doesn’t mean she should have some.

Diane: It isn’t just because there’s money. It’s because, as Mrs. Lim said just moments ago, that money belongs to both of them!

Kevin: Show us a paper, any paper, that proves it.

Cliff: Is everyone ready for a vote? It’s four-fifteen, a good time to check out where we are.

Kris: Yes! Maybe we can tell the judge to convene everyone tomorrow morning. Maybe this time, we’ll have a verdict!

They vote. It’s five for Lindy, seven against. There’s another hour of bickering but no change in the vote before they quit for the day.

>Click<

>Click<

Jury, Day Three, Morning:

Cliff: I have a good feeling about today! I bet we get to our verdict!

This has been really something. We started off eight to four in favor of Lindy Markov, and now we’re seven to five against her claim. I have a feeling as we discuss the case and apply the hard test of reason, logic is telling people the law in this case should protect Mike Markov.

Diane: Not logic, Cliff. You.

Mrs. Lim: Once again, Mr. Wright, I must object to your language. You twist the truth by suggesting that those who do not agree with you are illogical. I’ve said all along, I’m looking at the evidence. I’m not being pushed around by my feelings either way.

Cliff: Mrs. Lim, is English your second language? I think you read nuances into very simple statements of mine that are not there.

To continue. Yesterday, Ignacio cornered me at the end of the day and asked if we couldn’t discuss the church ceremony.

Ignacio: That day those two people knelt down before God and made their promises, that day they were married. They are married in the eyes of God.

Kris: Do they allow God in the courtroom these days? They don’t let much else in.

Kevin: God or not, this is a legal case, Ignacio.

Ignacio: Of course.

Kevin: You have this picture in your mind of this woman in a wedding dress and this man in a tux going off to church one fine day. Here’s the reality. One afternoon, maybe they have a couple of drinks. And he goes to the church to please her, and that night they hit the sack happy. If God was there, he was shaking his head in dismay.

Courtney: You are disgusting! I don’t think it was that way at all.

Cliff: Now Courtney, no need to hurt Kevin’s feelings. But you are awfully young, aren’t you? You said yourself, you can’t know what goes on between two people, didn’t you?

Courtney: Yes, but . . .

Cliff: I see you have youthful skepticism. That’s healthy. I also see that, although you’ve supported Lindy so far, you have a lot of doubts, don’t you?

Courtney: A few.

Diane: Hold on. Just stop right there. This marriage thing. To get Ignacio to switch his vote, Kevin makes Mike and Lindy sound like two drunks stumbling into a church prior to a sleazy one-night stand. That accomplished to your satisfaction for the moment, you go to work on Courtney. But everybody, listen. How many people do you know who celebrate a night like that as an anniversary for twenty years? They both admitted they did. That was a solemn, honest, and heartfelt occasion.

Cliff: When was the last time you went to church on Sunday, Ms. Miklos?

Diane: Huh? What does that have to do with—

Cliff: You pose as someone who agrees with Ignacio, but you really don’t at all.

Diane: I’m not posing as anything.

Cliff: C’mon, when? Six years old, Easter, yanked in there by Grandma?

Diane: Now, hold on!

Cliff: You don’t believe they were married in the eyes of God or anyone else, do you?

Diane: Why are you attacking me?

Cliff: You don’t answer my questions. And why is that? It’s because you know Ignacio is about to realize that wedding was not important to this case. You’re trying to mislead and confuse him by contradicting everything we say in support of Mike, no matter how much logic, reason and evidence we have to support our arguments.

Diane: It’s true, I’m not a follower of organized religion, but I have my own beliefs.

Cliff: Something you picked up in Tibet, no doubt, after forking over sixty-five thousand dollars for the privilege of being lugged up Mount Everest by a Sherpa.

Diane: I’ve never been to Tibet.

Bob: Jesus. You have to pay that much to climb a mountain?

Cliff: That’s right. It’s a sport for the elite of the world.

Diane: I fight for every penny! I work very, very hard to earn the respect and support of my sponsors and friends!

Bob: Making slide shows and going on hikes. Whew. It’s a tough job, but someone’s got to—

Courtney: Stop picking on her!

Cliff: She makes it our business by bringing it into an argument. We’re just trying to be rational here, trying to examine the evidence like Mrs. Lim says.

Mrs. Lim: Don’t you dare quote me! I have never seen such a blatant prejudice and such underhanded exploitation and maneuvering in my life, and I see plenty of it in my business! You go too far!

Kevin: Break time! We’re out of coffee. Now, that’s unconscionable. I’m getting the bailiff.

They break.

Cliff: First I want to apologize if I got a little overheated in my arguments. You put your faith in me as a leader, and I take that duty seriously, so seriously, I may go a little overboard in trying to help us get closer to a verdict.

Courtney: But Cliff, it’s getting obvious the only verdict you want from us is against Lindy.

Cliff: I never meant to give that impression. If the majority had gone for Lindy, I would accept that. It’s just that after airing our views, we seem to be going the other way.

Bob: There is one point I’d like further discussion about. That’s Ignacio’s view that Lindy and Mike were married because they stepped inside a church once and made some promises to each other.

The point I’d like to make is this: our country is founded on the notion of a separation between church and state. That was so people could practice religion as they pleased, but the state could develop its own set of rules aimed at the common good.

Ignacio, is it right for you to base your decision in this case on your religious beliefs? This is a case brought before the state. Shouldn’t state law be our guide?

Ignacio:
(heavy sigh)
That is something to think about.

Cliff: Of course, you have to feel good in your conscience about how you vote. But look at it this way, you can believe they were married, without necessarily voting to give Lindy anything.

Ignacio: What do you mean?

Cliff: Well, you say they were married in the eyes of God. But we all agree they weren’t married according to the laws of this state. Logically, then, when it comes time for them to split up, the state’s usual community property laws should not apply.

Mrs. Lim: But this analysis is incorrect. If he believes they agreed to marriage, then he must realize they assumed certain obligations under that agreement, mutually agreed-upon obligations. Remember, if there’s a contract, and Ignacio is saying he believes there was from that moment, the judge said we can infer its existence and terms from the conduct of the parties. They certainly acted married. Why shouldn’t they be held to the normal terms of that contract?

Cliff: Mrs. Lim, there was no written agreement, and—

Mrs. Lim: There’s one interpretation for marriage, whether it happened under the eyes of God or in the eyes of the State of California.

Cliff: A case could be made that she read much more into that moment than he ever intended.

Mrs. Lim: He introduced her as his wife!

Cliff: And how can we know his intention, except as he explained it in court? He did it to please her. There was no hidden understanding that they were married. Why else would she say she was ashamed not to be married? She knew they weren’t! So did he!

Diane:
(screams)

Courtney: Diane! What is it?

Bob: What’s the matter with her?

Kevin: Someone shut that crazy woman up!

The door opens.

Deputy Kimura: Everything okay in here? I thought I heard something.

Diane: Everything’s fine. I just had a . . . nightmare.

Deputy: A nightmare? Um. Do we need a doctor?

Cliff: No, no. I think the lady was just trying to make a point. A loud one.

Deputy: Is that so?

Diane: Yeah, I’m okay now.

Deputy: If you’re sure . . .

Door closes.

Cliff: And now I guess you’ll insist on telling us all about why you just about scared everybody to death.

Diane: It was a symbolic gesture of my despair, Cliff. Nobody can follow the fancies you call logic, and you don’t care anyway. You’re just going to keep us here listening to your fascinating mind games until we’re all hypnotized and vote however you want.

Courtney:
(giggling)
I wish I had screamed. I sure felt like it.

Cliff: Don’t you guys think there should be a requirement that people on juries be mature and intelligent enough so they can follow along with the rest of the grown-ups?

Courtney: Why, you . . . I’m in college you know.

Cliff: Yes, that gives me pause. I had heard that any fool could get into college these days.

Courtney: No wonder your wife left you.

Sonny:
(shouts)
Everybody just shut the fuck up!

Silence. The clock on the wall ticks.

Bob: What do you know? He can talk!

Sonny: You want to hear more?

Bob: Not really.

Cliff: I think maybe it’s time for a vote. What do you think, Ignacio. Did we get through that issue of yours okay?

Ignacio: Yes, I’ve given it a lot of thought.

They vote. It is eight to four against Lindy.

Courtney: Ignacio, you didn’t!

Ignacio: I’m sorry, Courtney. But I wasn’t voting the law before. I was voting my beliefs.

Courtney: If you can’t stick to your beliefs here, when can you?

Cliff: Well, let’s see. That leaves Diane, Mrs. Lim, Courtney, and, I presume, Mr. Ball, still for Lindy. I think it’s about time we heard something about your views on the matter, Mr. Ball.

Sonny: Sonny.

Cliff: Sure. Sonny.

Sonny: I’m on her side.

Cliff:
(after a pause)
And?

Sonny: That’s it.

Cliff: Well, can you tell us why?

Diane: He needs to know your reasoning, Sonny, so that he can substitute his reasoning. . . .

Sonny: C’mon. All that dough. She was loyal. Never fucked around on him. If he’s any kind of man at all, he’s got to be fair to her.

Cliff: How would you feel if I told you she did fuck around? She lied up there. We’ve proven that.

Sonny: How do you know?

Cliff: That’s it, isn’t it? We don’t. How can we hand over this man’s hard earned money to a woman that might not even have been faithful to him? Probably wasn’t, in fact.

Diane: There’s absolutely no proof of that. Not one thing was said . . . .

Cliff: My feeling is, and I think most of the guys here will agree, this whole deal is about revenge. He has a new girlfriend. He’s moving on. Why is the law involved in this at all?

Sonny: Now there’s a good question.

Cliff: Why should she get one thin dime?

Diane: Cliff, the only compensation available in this case is financial. We’re just deciding the facts and evidence. Such as, did they have a contract—

Cliff: She’s a liar and quite likely a cheat. I mean, did you see him up there? He’s much older than her. Looks like a little roll in the hay’s going to take some doing.

Mrs. Lim: You are shameless, Mr. Wright.

Diane: I really think—

Cliff: I believe I was talking to Sonny. Please have the courtesy to let me finish. So, here she is stuck with him. She probably had some on the side. You almost can’t hold that against her. But then, he found out and left her, and then she went whoops, there goes my meal ticket.

Does she try to work it out with him? No, she runs off and hires a lawyer, gets the law involved.

Diane: Cliff, why you talk with the passion of a man with firsthand experience.

Cliff: Now, Sonny, was that right? I mean, who wants to get mixed up with the law? Who needs that involvement?

Sonny: Nobody. That’s for damn sure.

Cliff: You’ll forgive me for asking, but, who makes the financial decisions in your family?

Sonny: Who do you think?

Cliff: You, of course. And why is that?

Sonny: Any big decisions, I make.

Cliff: You remind me so much of Mike Markov. Obviously, you don’t look alike. He’s kind of a ruin, now. But once he was a strong man like you, Sonny. A boxer. He’s an old-fashioned guy. He makes the big decisions, because he knows he’s the right man for the job. Do you remember in court when he promised to take care of Lindy Markov? He said he would. And nothing in his past suggests otherwise. I mean, they live in a huge mansion that he’s paid for for all these years.

Diane: With profits from the company they both own.

Cliff: Maybe he knows something we don’t. Maybe he knows how she fritters money away on clothes and new cars. Maybe she gambles. Maybe he has very good reasons for wanting to keep control of his business, because he’s terrified she’ll run it straight into the ground!