"GANG RELATED" Screenplay by Jim Kouf SHOOTING DRAFT 1997 FADE IN: NEON SIGN - THE PRINCE MOTEL - NIGHT The N and the E are not working. So it reads the PR IC motel. ROOMS TO RENT BY DAY, WEEK, MONTH. KITCHENETTES. The Prince Motel has passed its prime. A few beat up cars are parked outside rooms. We CRANE DOWN to ROOM SEVEN. Curtains closed, but someone is holding it open a crack, looking out. We PUSH in CLOSE TO THE WINDOW and the EYE looking over the parking lot. Then the curtain closes. INT. ROOM SEVEN - PRINCE MOTEL - NIGHT Peeling flowered wallpaper, ultra-cheap furniture. The man moving away from the window is RODRIGUEZ. He is slender, sports a thin mustache, hair slicked straight back. He's in his late thirties. Slightly nervous. Another man sits on the couch, looking at a magazine. He is forty, solidly built. His name is FRANK DIVINCI. DIVINCI Says here they got slips in Honolulu. 325 a month. Utilities included. That's not bad. Rodriguez sits down. DIVINCI But I gotta get at least a forty footer. It'll handle rough water better and I'll need the room if I'm gonna live on it. Rodriguez stands up, moves back to the window. Divinci looks up. RODRIGUEZ I don't know how you do it. DIVINCI What? RODRIGUEZ How you can think about Hawaii now? DIVINCI My heart's in Hawaii. RODRIGUEZ You never been there. How can your heart be there. DIVINCI You're tellin' me there's no place you'd rather be other than here? RODRIGUEZ No, I'm saying I just don't know how you can think about Hawaii right now. DIVINCI If I was in Hawaii right now, I wouldn't be thinking about here. See the difference? RODRIGUEZ No. DIVINCI Look, I'm not in Hawaii, I'm here. But I don't want to be here, I want to be in Hawaii. I can't be in Hawaii, therefore I think about it so as to not get depressed about being here. RODRIGUEZ But I'm here, I know I'm here, I don't like being here, but I can't be anyplace else because I look around and I see all this shit. How do you get around that?! That's what I'm asking. DIVINCI Focus. RODRIGUEZ Focus. Divinci nods. Rodriguez looks at his watch. RODRIGUEZ It's time. No more Hawaii, okay? Focus on this. DIVINCI (smiles) Aloha. Rodriguez shakes his head, exasperated, and exits. RODRIGUEZ (to himself) Aloha my ass. CUT TO: EXT. DARK STREET - NIGHT Poor side of town. A few old cars parked on the street. Some buildings vacant. A LATE MODEL WHITE CADILLAC cruises past. We HEAR LOUD RAP MUSIC. INT. CADILLAC - NIGHT LIONEL HUDD drives. Hudd is thirty. African American. The MUSIC is loud. His clothes lean to African roots. A WOMAN sits next to the passenger window. Her name is CYNTHIA WEBB. Cynthia is thirty-five, dressed in short provocative skirt, tight top. A little too much make-up. She's lead a hard life. She glances at Hudd. Hudd glances at her, looks down at her skirt hiked up on her leg. CYNTHIA Left at the corner. Hudd's eyes linger on her thighs for a moment, then he turns his attention back to driving, tapping along with the heavy bass. EXT. PRINCE MOTEL - NIGHT The Cadillac pulls into the parking lot. Parks in front of room SEVEN. Hudd gets out, looks around. Cynthia gets out, leads him to SEVEN. Knocks. The curtains pull back. Divinci looks at Hudd and Cynthia. She nods to him. The door unlocks and opens. Cynthia enters. Hudd looks around again. Then follows. INT. MOTEL ROOM SEVEN - NIGHT Divinci waits at the door. He and Hudd eye each other as Hudd enters the room. Divinci looks out, making sure no one has followed, then shuts the door. DIVINCI Hope you don't mind me checkin' you for weapons. HUDD Hell yes I mind. Divinci hesitates. This could break the deal. HUDD I just don't want no man handlin' me. Hudd looks at Cynthia. The suggestion is taken. DIVINCI Okay. Check him. Hudd spreads his legs, lifts his arms. Cynthia would rather not have the job, but there's no choice. HUDD Lotta good hidin' places on this body. Check good. Cynthia runs her hands over Hudd, checking pockets, pants, sleeves. Finally coming to his crotch. Hudd smiles. HUDD Careful. It's loaded. Cynthia has heard it all before. She's not squeamish in the least and she gives him a good going over. CYNTHIA He's got nothin'. She smiles back at Hudd. Then moves away, sits on the couch and seductively crosses her legs. Divinci, satisfied, pulls a PLASTIC BAG packed tight with COCAINE out of his pocket, tosses it to Hudd. Hudd sits on the couch, opens the bag, sticks his finger in and tastes the contents. But never takes his eyes off Divinci. HUDD Not bad, not bad. Any more where this came from? DIVINCI Maybe. HUDD Then maybe we talk again. DIVINCI Maybe. Hudd stands, unzips his pants. Reaches in to grab his cock, but instead, pulls out a stack of MONEY. Inch thick. HUDD Told you there was a lotta good hidin' places on this body. Hudd hands the money to Divinci and pockets the plastic bag. Then crosses to the door. Glances back at Cynthia. HUDD Bet you gotta lotta nice hidin' places, too. Then Hudd smiles and exits. EXT. PRINCE MOTEL - NIGHT Hudd gets into his Cadillac, pulls out of the motel parking lot. EXT. STREET - NIGHT Deserted. No one on the street this late. Several of the buildings are boarded up. INT. CADILLAC - NIGHT Hudd drives. No music this time. His attitude has changed. More serious. LIGHTS in the REAR VIEW MIRROR. Coming up fast. Hudd watches as the car pulls around to pass. He glances at the CAR as it pulls past him, but all we SEE is the FLASH OF A BLAST FROM A GUN. Front WINDOW EXPLODING. THE CADILLAC swerves into a parked car. The OTHER CAR -- a BUICK REGAL -- screeches to a stop next to it. ONE MAN gets out. Moving quickly to the Cadillac. It's dark, difficult to see. He carries a SMITH AND WESSON .44. Opens the door. He's wearing PLASTIC GLOVES. Hudd is dead, slumped against the passenger door. The man reaches in, turns off the engine, grabs the plastic bag of cocaine. And now we see it's Divinci. INT. BUICK REGAL - NIGHT Rodriguez is the driver. Anxious. Engine running. RODRIGUEZ Come on! Hurry up! Divinci dashes back to the Buick, hops in. Rodriguez floors it. THE BUICK tears off down the dark street. CUT TO: EXT. APARTMENT BUILDING - NIGHT Not a great part of the city. Apartment buildings line both sides of the street. An alley runs between two of the buildings. A TAXI pulls up in front. HEADLIGHTS SHINING on a MAN passed out in the street. Cynthia exits the taxi. The taxi pulls away. She glances at the man passed out in the street. His clothes are ragged. He's filthy. His face covered in beard and greasy dirty hair. Hard to tell how old he is. Maybe forty. Maybe eighty. Who knows? His hand clutches a bottle in a bag. CYNTHIA Hey, Joe, wake up. Get outa the street before you get run over. Joe, wake up! She nudges him with her foot. The man groans, rolls back. Dead drunk. CYNTHIA You're in the street, Joe. Get outa the street. The man, JOE, is silent for a moment, then he starts to crawl -- toward the middle of the street. CYNTHIA Other way, Joe. Joe turns his crawl toward the curb. Cynthia watches him for a moment. He is truly pathetic. CYNTHIA Forget it, Joe. Maybe you're better off right there. I don't think you'd even feel it. Cynthia enters the building next to the alley. CUT TO: CYNTHIA - INT. APARTMENT - NIGHT asleep. The room is dark. We HEAR a door open and close. Cynthia wakes. CYNTHIA Who is it? Divinci crosses to the bed. DIVINCI Got your money. CYNTHIA Put it on the table. She closes her eyes, trying to go back to sleep. DIVINCI Tired? CYNTHIA Yes. DIVINCI I'm not. CYNTHIA Take a sleeping pill. There's some in my purse. DIVINCI You want your money? Cynthia's eyes open and she looks up at Divinci. He's smiling, holding up FIVE ONE HUNDRED DOLLAR BILLS. CYNTHIA I already worked for that. Divinci unzips his pants. DIVINCI This is a bonus. CYNTHIA For who? Divinci smiles. Cynthia snatches the money. Divinci starts to undress. DIVINCI This ain't my fault. This is a failure of our educational system. If you hadn't fallen through the cracks and dropped outa school, you wouldn't be here now. CYNTHIA So what's your excuse? DIVINCI I'm in love. Cynthia just stares at him for a long beat. Then she unbuckles Divinci's pants. CUT TO: KEY - INSERTED INTO DOOR LOCK - NIGHT A door is pushed open. Rodriguez enters his one bedroom apartment. Starts to shut the door when TWO MEN appear from the shadows. The first is short, well dressed. His name is VIC. The second is large, heavy-set, shaved head. His name is CUTLESS SUPREME. Cutless Supreme is not a man to be messed with. VIC Keepin' some late hours. Rodriguez looks at Cutless Supreme. RODRIGUEZ What the hell you doin'? What're my neighbors gonna think? VIC I apologize. I understand your concerns. But you must understand that, unlike a bank, I cannot rely on a late fee as sufficient encouragement to repay one's debts. I am forced to employ the likes of Mr. Cutless Supreme, whom I might add, contributes significantly to my overhead. I am the real loser here. And I am concerned about your sincerity in repaying the twenty- seven thousand, nine hundred forty- two dollar gambling debt that is one week past due. What can you do to reassure me of your good intentions? RODRIGUEZ I can make your life fuckin' miserable that's what I can do. VIC Look at me. Do I have a wife and three kids? Do I have a good job at IBM? Am I a handsome guy? No, no and no. I loan money at excessively high interest rates to pricks like you who can't control their urges to lose big money playing cards and then I am forced to stay up all night trying to convince them that I have needs, too. The point of which is, I already have a fuckin' miserable life. So don't threaten me you lousy bag of cat shit. Rodriguez steps toward Vic, but Cutless Supreme slides in between them. Rodriguez isn't going to win this one. VIC All I'm askin' is that you be responsible. Is that unreasonable? Rodriguez backs off, hesitates as he runs over his options. There aren't any. He reaches into his pocket, pulls out some of his night's earnings. RODRIGUEZ Four thousand is all I got. VIC I am proportionally reassured. You purchased yourself an extension. Vic takes the money, heads for the street. Rodriguez watches Vic walk away. Cutless Supreme watches Rodriguez. RODRIGUEZ Cutless Supreme, what kind of fuckin' idiot name is that? CUTLESS SUPREME It was the car my daddy stole to take my momma to the hospital, but the cops stopped him and shot him dead in an alley before he could explain. I was born in the back seat. Rodriguez glares at Cutless Supreme, then he shuts the door. CUT TO: CREDIT SEQUENCE - BLACK AND WHITE MONTAGE CRIME SCENE PHOTOGRAPHS -- Dead drug dealers lying where they were shot. Overlapping CLOSE-UPS of EVIDENCE TAGS and SHELVING filled with EVIDENCE from hundreds of crime scenes. And CLOSE-SHOTS of CRIME SCENES -- chalk outlines -- bullet shells - bloody foot prints. And finally CRIME SCENE TAPE. The BLACK AND WHITE fades back into COLOR -- YELLOW CRIME SCENE TAPE surrounding the CADILLAC. We PULL BACK, revealing COPS controlling the area. It's early morning. A FEW PEOPLE have stopped to watch. But this is not a high traffic area. ANOTHER CAR pulls up. Unmarked. Two men get out. We FOLLOW BEHIND THEM as they approach the Cadillac and PATROLMAN MAHONEY, who knows them. PATROLMAN MAHONEY Another day, another body. Where you wanna start? FIRST MAN A hit? PATROLMAN MAHONEY Looks like. Could be gang related. And now we SEE THE TWO MEN from the unmarked car. It's DIVINCI and RODRIGUEZ. Suit and ties. They act like they own the area. And they do. PATROLMAN MAHONEY Happened sometime last night, early morning, two, three o'clock. African- American male, looks like in his thirties. But even that's a guess. Half his head is on the upholstery. RODRIGUEZ Any witnesses? PATROLMAN MAHONEY Oh, sure, hundreds. INT. CADILLAC - DAY The bloody scene is untouched. Hudd's body is where it fell, on the seat. Dried blood everywhere. Divinci looks in. DIVINCI Fuckin' Animals. CUT TO: INT. POLICE STATION - DAY EVIDENCE ROOM. Behind a locked fenced in area. A DESK OFFICER checks in and out all evidence. He is twenty-eight, wears glasses, very clean cut. TWO DETECTIVES are checking in evidence as Divinci walks in. FIRST DETECTIVE ...three shotgun shells, twelve gauge. The Desk Officer checks in the evidence. DESK OFFICER Three shotgun shells, twelve gauge. The two detectives wave hellos to Divinci as he approaches. SECOND DETECTIVE (SGT. GARDNER) Heard you got a gang related. Lucky guy, Divinci. You get all the pretty ones. DIVINCI One less drug store on the street. DESK OFFICER And the world is a safer place. The Desk Officer buzzes Divinci through the door. Divinci crosses to the -- EVIDENCE STORAGE ROOM -- filled with shelves. Stacked with evidence from on-going investigations. And the shelves are full of guns, knives, bloody gloves, masks, shoes, etc. Divinci looks around, then removes the PACKAGE OF COCAINE and the .44 from his pockets and places them back on one of the shelves. CASE NUMBER C-549087. One thing about the .44 which we can see now -- a BLACK STAIN on the metal of the handle. CUT TO: INT. HOMICIDE SQUAD ROOM - DAY Desks, phones, computers, typewriters and HOMICIDE DETECTIVES. Some witnesses being interviewed. Rodriguez is on the phone at his desk. He's in the middle of an interview as he fills out one of the many forms that complicate his life. RODRIGUEZ (into phone) -- a green car... you know what make... Maybe a Ford, uh-huh. You didn't see the license, did you? Divinci comes back to his desk, next to Rodriguez. Rodriguez looks up. Divinci gives him a confident smile and brushes his hands together -- clean hands. RODRIGUEZ (into phone) Yeah, no, I understand, it was dark... Uh-huh. Divinci sits at his desk. He pulls an ADVERTISEMENT for a 42 FOOT SPORT FISHING BOAT out of his desk. He holds it up to Rodriguez, points to the boat. DIVINCI Wanna go for a ride? RODRIGUEZ (into phone) You think you could describe the driver? (covers phone; to Divinci) You bought it? DIVINCI As of last night, I've got the down. Just picture me under swayin' palms with a Mai Tai. We can HEAR someone describing a felon over the phone, but Rodriguez isn't listening. He's looking at the boat. RODRIGUEZ (into phone) Uh-huh. (covers phone) You're gonna buy it, no shit. When? DIVINCI Just a phone call away. Divinci picks up the phone, starts to dial. RODRIGUEZ That's really great, man. Divinci smiles. Rodriguez suddenly realizes the person on the other end of the phone has stopped talking. RODRIGUEZ (back to phone) Uh-huh, okay... how tall was he? A heavy set man in his fifties approaches -- CAPTAIN HENDERSON. CAPT. HENDERSON You got primary on the drug related this morning on 27th. DIVINCI I'm workin' it up now. CAPT. HENDERSON Who's your second? (Divinci points at Rodriguez) In my office. Both of you. DIVINCI Why? CAPT. HENDERSON Now. Captain Henderson doesn't wait for a response. He heads for the office -- an inner office of glass and wood. Divinci looks at Rodriguez, who is suddenly a little nervous. We can HEAR the PERSON OVER THE PHONE that he's talking to, but he's no longer interested and hangs up on them. RODRIGUEZ What the hell -- Divinci motions "keep calm." INT. CAPTAIN HENDERSON'S OFFICE - DAY Henderson is hanging up his coat as Divinci and Rodriguez enter. They aren't the only ones in the office. RICHARD SIMMS, thirty-two, trim, short cut hair, suit, is waiting. CAPT. HENDERSON Detectives Divinci and Rodriguez, this is Richard Simms. He's with the D.E.A. He wants to ask you some questions about your case. DIVINCI What's the occasion? SIMMS You get an i.d. on the victim? RODRIGUEZ We're waitin' for prints. Divinci pulls out his note pad. DIVINCI Car was registered to -- SIMMS -- Anchor Imports. 81 El Dorado. Black. DIVINCI If you got all this, what d'you want from us? SIMMS ...The man in the car is Lionel Hudd. RODRIGUEZ (a little incensed) How d'you know that? (to Henderson) What's goin' on here? SIMMS Hudd was DEA, undercover. Rodriguez and Divinci take the news like a sledgehammer. On their frozen expressions we HEAR -- SIMMS (O.S.) He was workin' a case on syndicate distribution of drugs on the south side. But every dealer we tagged kept getting killed. He finally got a lead on a girl -- Hudd was a friend of mine... I'm gonna nail the sonuvabitch who killed him. A long beat on Rodriguez and Divinci, then -- DIVINCI We'll do everything we can to help. CUT TO: THE UNMARKED POLICE CAR - EXT. STREET - DAY screeching around a corner and up a drive into a VACANT LOT. The car skids to a stop and Rodriguez gets out of the driver's side, slamming the door and storming off. He's out of his mind. Divinci gets out quickly, follows him. Rodriguez is so fired up and scared he can't stop moving. RODRIGUEZ SHIT, FUCK, SHIT, JESUS CHRIST! DIVINCI Calm down! RODRIGUEZ WE'RE DEAD, WE'RE FUCKING DEAD! DIVINCI SHUT UP! RODRIGUEZ FUCK, FUCK, FUCK! Divinci catches Rodriguez, tries to stop him from flailing about. DIVINCI STOP IT! YOU HEAR ME, RIGHT NOW, STOP IT! RODRIGUEZ GOD, GOD, THIS IS REALLY FUCKIN' OUT OF CONTROL! Rodriguez tries to push Divinci away, but Divinci holds on. They struggle -- RODRIGUEZ LET GO OF ME! -- pushing, shoving, falling to the dirt. Divinci jumps on top of him, pulling his pistol and shoving it into Rodriguez mouth. DIVINCI Shut up and listen to me! Rodriguez glares up at Divinci. DIVINCI They could be watchin' us right now you asshole. So fuckin' shape up! You got it?! (nothing from Rodriguez) I want you to nod! It takes Rodriguez a moment, but he nods. Divinci pulls his gun out of Rodriguez' mouth, gets off him and holsters his pistol. Rodriguez is scared to death, not of Divinci, of the mess they're in. He just lies in the dirt. DIVINCI Get the fuck up! Rodriguez starts to get to his feet. Divinci grabs him, yanks him up. Pushes him to the car. DIVINCI Get in the car! They move back to the car. Rodriguez gets back into the driver's seat. Divinci moves around to the passenger side. Gets in, slams the door shut. INT. UNMARKED CAR - DAY They sit silently in the car for a moment in the middle of the vacant lot. Breathing hard. Dirty. After a beat -- DIVINCI There's no fuckin' reason to panic. Rodriguez turns slowly and looks at Divinci incredulously. RODRIGUEZ No fuckin' reason to panic? Did you say no fuckin' reason to panic! DIVINCI Stop being an idiot! We're the cops on the case. It's our case. We are going to find the fuckin' killers. RODRIGUEZ WE'RE THE FUCKIN' KILLERS! DIVINCI Since when does that matter?! Rodriguez stares at Divinci for a beat, then we -- CUT TO: EXT. UNMARKED CAR - PARKED - DAY Rodriguez and Divinci are sitting on the car, each with a beer and sharing a bottle of whiskey. DIVINCI All they want is someone to go down for the crime, right? Do we care who goes down for the crime? Fuck no. As long as someone goes down for the crime. It's a slot that's gotta be filled. Rodriguez is calmer, but still something bothers him -- RODRIGUEZ We killed a cop, doesn't that bother you? DIVINCI Of course it bothers me. What d'you want me to do, turn myself in? Well I'm not. That's the risk we take everyday, somebody might pop us, especially undercover like that. So he got popped. It happens. RODRIGUEZ Not by other cops! DIVINCI I patted him down! He wasn't wearin' a wire, he had no badge, no gun, how was I supposed to know?! A moment of silence, then -- DIVINCI Look, I feel just as bad as you do, but we gotta start thinkin' about us here. The important thing is we don't lose control of the case. We can never lose control of the case. Whatever evidence there is goes through us. We lay down the trail. Make it nice and logical. We're the teachers and two and two can add up to five if it's our classroom. RODRIGUEZ What're you talkin' about, are you sayin' we stick somebody with this? DIVINCI Evidence points wherever we want it to point. Shit, we can provide so much evidence, even the asshole we pick will think he fuckin' killed him. RODRIGUEZ You got some asshole in mind? DIVINCI Just don't worry. We'll find a killer. There's lots of 'em out there. CUT TO: EXT. STREET - DAY THREE AFRICAN AMERICAN YOUTHS, all in their twenties, are hanging on a street corner. Talking. Normal street traffic. They give a long hard look to an ATTRACTIVE AFRICAN AMERICAN WOMAN who walks past. A little chatter. The UNMARKED CAR suddenly screeches to the curb. The black youths scatter quickly as Divinci jumps out and goes after the tallest of the three. His name is JAMES. Rodriguez guns the car and gives chase on wheels. James darts across traffic. Divinci running hard after him. Rodriguez spins the car in a u-turn. Racing after them. EXT. ALLEY - SAME TIME James darts down the alley. Narrow, dark, lined with trash bins. Divinci turns into the alley, but he isn't going to catch him. James is almost to the end when the car turns into the alley, skidding to a stop. Rodriguez jumps out, gun leveled at James. No where for him to go. He slows down. Rodriguez moves in from his front, Divinci runs up from behind. James is disgusted. JAMES What the hell'd I do now? CUT TO: INT. POLICE STATION - EVIDENCE STORAGE ROOM - DAY Divinci removes the PACKAGE OF COCAINE and the .44 from the shelf. CASE NUMBER C-549087. CUT TO: THE .44 - INT. INTERROGATION ROOM - DAY SLIDING across a table to James, who stops it with his right hand. Divinci and Rodriguez are across from him. JAMES Ain't my gun. DIVINCI Never is, is it. JAMES That ain't my fuckin' gun. He shoves the gun back. Divinci stops it with his arm, careful not to touch it. DIVINCI Got your fuckin' prints on it. James quickly realizes what they've done. He lunges for the gun, but Divinci picks it up quickly with a pencil through the trigger guard. James glares at them with murderous intent. RODRIGUEZ Where were you Friday night? JAMES Friday night... last Friday night? RODRIGUEZ Where were you? JAMES Whatever you think I did went down last Friday night? DIVINCI Better have a good alibi, James, or it's good ali bye-bye. A beat, then James smiles. JAMES I was in jail you assholes. Check it out. (starts to laugh) All night. What a couple a dickheads! Rodriguez and Divinci are silent. CUT TO: DOOR - INT. APARTMENT - DAY KICKED IN on a grungy small apartment. Divinci and Rodriguez burst in, guns drawn. Scaring the shit out of an HISPANIC MAN (CORTEZ) and his half-naked GIRLFRIEND as they watch television. DIVINCI AND RODRIGUEZ NOBODY MOVE! HANDS IN THE AIR! NOW! MOVE IT! CUT BACK TO: THE .44 - INTERROGATION ROOM - DAY SLIDING across the table back to Rodriguez and Divinci. Cortez sits across from them. Wearing white t-shirt, baggy pants. Tattoos on his arms. CORTEZ Ain't my gun. RODRIGUEZ (smiles) Got your prints on it. CORTEZ (stands; angry) You fuck, I ain't never seen that gun before! RODRIGUEZ Where were you last Friday night? CORTEZ Fuck you. I wanna talk to a lawyer! Just want they wanted to hear. No alibi. RODRIGUEZ Lawyer's not gonna help you, Cortez. All the evidence we got points right to you. Cortez stares at them for a moment, then -- CORTEZ Did you say last Friday night? Cortez smiles and pulls up his shirt, revealing a long scar across his stomach. CORTEZ Intensive Care, you pindejo fuckin' gutter shits. And Thursday night, and Saturday, too. I just fucking got out this morning. CUT TO: MAN - EXT. ALLEY - DAY SLAMMING INTO A WALL, hitting hard, falling back to the dirty garbage covered alley. He's about twenty-seven, thin, blond hair tied in a pony tail. He wears a flannel shirt, jeans, boots. He doesn't want to fight. His name is DAVE. DAVE Alright, alright, alright... shit. I ain't gonna fight you. He looks up at Divinci and Rodriguez moving toward him. CUT TO: INT. INTERROGATION ROOM - DAY Dave is behind the desk handling the .44 with no apparent problem. DAVE Ain't my gun. RODRIGUEZ That's what they all say. DAVE Wish it was. No better gun than Smitty and Wes .44 mag with serial numbers filed off. (opens cylinder) Got any bullets? Divinci walks around, holds out his hand for the gun. DAVE Who did I kill? DIVINCI Where were you last Friday night? DAVE You mean, what's my alibi right? Dave spits on the gun, wipes off his prints with his shirt. DAVE I was breakin' and entering. Jewelry store on seventh and Front, about nine o'clock. Not even close to your jurisdiction. I got the rocks to prove it. He drops the gun, clean of prints onto the table. DAVE Sorry I can't help ya. But one to five is better than ten to life. Divinci and Rodriguez stare at Dave. They are not happy. CUT TO: MUG SHOTS - INT. HOMICIDE SQUAD ROOM - DAY in plastic pages. A BINDER full of criminal portraits. Divinci is going through one book. Rodriguez searches another. DIVINCI Montrose LaJolla... RODRIGUEZ We pulled him in last year for knifing that dealer on 32nd. DIVINCI Yeah. Almost killed him, remember? He'd be good. (calls out to ANOTHER DETECTIVE) Anybody seen Montrose LaJolla? ANOTHER DETECTIVE He's dead. His life partner killed him in a Domestic D about a month ago. Rodriguez suddenly slams his book shut. RODRIGUEZ Shit! Divinci looks at him. Rodriguez is angry, tense. Divinci gives him a look telling him this is not the time and place for a discussion on this topic. DIVINCI Take it easy. RODRIGUEZ This isn't gonna work! Divinci leans toward Rodriguez. DIVINCI Nobody said it was gonna be easy. But let's not advertise our despair... Okay? The PHONE RINGS. Divinci picks it up. DIVINCI (into phone) Divinci. INT. CAPT. HENDERSON'S OFFICE - DAY Captain Henderson is sitting behind his desk. Divinci and Rodriguez are in front of him. Rodriguez is trying to hide his nervousness. Divinci is absolutely cool. DIVINCI This is our case! Not the goddamn DEA's! CAPT. HENDERSON It's been three days. DIVINCI We're not fuckin' magicians! What the hell is three days?! This is a goddamn murder case! It takes a little bit of goddamn time! CAPT. HENDERSON When a Federal Undercover Officer goes down, it's never a fuckin' murder case! I don't like the DEA on my ass any better than you like 'em on yours. But this is personal for them and they want answers. Forget your other cases and get something, anything that I can give to them. The last thing I want is the goddamn F.B.I. on my back, too. Divinci and Rodriguez are quiet for a beat, then -- DIVINCI We've got a couple leads. We need a little more time. CAPT. HENDERSON I can't hold 'em off much longer. RODRIGUEZ This is no fuckin' way to run an investigation. CAPT. HENDERSON Let me tell you both something, if you don't solve this quick, they're gonna start askin' why? And they'll be lookin' to blame somebody in this department. So my advise to you is, get something fuckin' fast or turn over what you've got and get outa the way. Rodriguez and Divinci are quiet for a moment, then -- DIVINCI How much time we got? CAPT. HENDERSON A couple days. The funeral's this afternoon. RODRIGUEZ What funeral? CAPT. HENDERSON For Agent Hudd. Simms wants you there. DIVINCI What for? We didn't know him. CAPT. HENDERSON How the hell do I know?! It's DEA, it's their thing. You're the cops on the case, I suppose they want you to know what a great guy Hudd was so you'll work all that harder to find his killer. Just go. It'll reassure 'em how much you care and keep 'em off my ass. CUT TO: EXT. CEMETERY - GRAVE SITE - LATE AFTERNOON MOURNERS gathered around the grave site. WIFE in tears. MOTHER in tears. The men trying their best to hold up. Beyond the family, DEA AGENTS. Simms among them. A show of support and solidarity. A REVEREND delivering -- REVEREND -- and it is too easy to say that he was a good man in his job because he gave more than most. And it's too easy to say that he was a good man in his community because he gave more than others. And it's too easy to say he was a good man at home with his family because he was always there when they needed him. Special Agent Lionel Hudd was not just a good man, he was an extraordinary man. And his death shall not be in vain. CAMERA FINDS Divinci and Rodriguez at the back. Rodriguez looks nervous. Divinci notices. Their conversation is quiet. DIVINCI Don't Humpty Dumpty on me. RODRIGUEZ What's that mean? DIVINCI Your cracks are startin' to show. RODRIGUEZ (covering) Bullshit. Divinci sees Simms approaching from the side. DIVINCI Get your balance. Here comes the King. Rodriguez glances toward Simms as he walks up. The conversation is quiet. Not wanting to disturb the ceremony. SIMMS Glad you came... Anything break? Divinci glances at Rodriguez. DIVINCI Nothin' to brag about. But we've got a couple new leads we're followin'. SIMMS ...Look, normally we'd be all over this, but your Captain seems to think you can do the job. It's your territory. I guess you know it better than anybody. And that can be worth a lot. But you understand... we won't wait forever. Divinci is pissed. He doesn't like Simms. DIVINCI Just outa curiosity... What happened to his backup? You guys use backup on undercover don't you? SIMMS It was a new lead. Hudd was afraid backup would blow his cover. He was supposed to check in ten minutes after the deal went down. He never checked in. RODRIGUEZ We want this one as bad as you do. A cop's a cop. We're in this together, right? Simms stares at Rodriguez and Divinci for a moment, then he returns his attention to the ceremony. SIMMS That's why I asked you to come here. Just so you knew that. CUT TO: EXT. HOT DOG VENDOR STREET - DUSK Rodriguez and Divinci walk down the street, hot dogs in hand, returning to their car parked curbside. DIVINCI He didn't have backup. You believe that?! Jesus what a dick. RODRIGUEZ I don't think we should criticize that particular decision of his. DIVINCI I don't care what the reasons are, you don't play Lone Fuckin' Ranger on a drug buy. You're just askin' for it. That's all I'm sayin'. RODRIGUEZ I don't trust those bastards. They're not waitin' for us. That's bullshit. They're runnin' their own investigation. I know it! DIVINCI Let 'em. The gun, the coke came from evidence. The car came from impound. So what's to find? RODRIGUEZ That's what I'm afraid of. There's nothing for them to find. We were too good. DIVINCI So what're you worried about? RODRIGUEZ Nobody is that fuckin' good. Divinci looks at Rodriguez, then smiles. DIVINCI Except us. CUT TO: STRIPPER - INT. STRIP JOINT - NIGHT bumping and grinding her way through her performance. We don't see her face yet. Just her body. G-string and skin tight tank top. LOUD MUSIC. MEN in the audience appreciative. The room is smoky. LIGHTS swirl over the stage. The tank top comes off. WHISTLES and CHEERS. And now we see the dancer -- it's CYNTHIA. INT. HALLWAY - BACK STAGE - NIGHT Cynthia moves down the hall in her g-string and high heels. She enters the dressing room. INT. DRESSING ROOM - NIGHT Divinci is sitting in the only chair in the cramped little room. He's going through her purse. Cynthia stops when she sees him, then shuts the door. CYNTHIA I think this is breaking and entering, isn't it? DIVINCI I work homicide, I don't deal with that shit. CYNTHIA (puts on robe) Learn anything you didn't already have on file? DIVINCI Yeah. You surprise me sometimes. Here I think you're just a hard case and I discover you've got a heart of gold. (holds up her drivers license) You're an organ donor. That's really nice. The only problem is, they'll never use your best parts. CYNTHIA I'll make sure you get them. DIVINCI Hey, don't get me wrong. I was just surprised that we had something in common... Besides what we have in common. CYNTHIA Do everybody a favor, if you're gonna donate your heart, make sure it goes to science. Most people want one that beats. DIVINCI Cynthia... pretty name. What do the first three letters spell? CYNTHIA Don't get so clever. It's out of character. CUT TO: INT. CYNTHIA'S APARTMENT - BEDROOM - NIGHT Divinci and Cynthia are lying in bed. Divinci has his arm around her, but he's staring at the ceiling. CYNTHIA What's so interesting up there? DIVINCI Nothing. CYNTHIA Then why's it got all your attention? DIVINCI I'm thinkin', that's all. CYNTHIA About us? DIVINCI No. CYNTHIA Good. Divinci looks at Cynthia. DIVINCI What if I was thinkin' about us? CYNTHIA Don't waste your time. DIVINCI What if I was? CYNTHIA Where's it gonna get us? DIVINCI Maybe I got plans. CYNTHIA I don't wanna hear 'em. Plans just make you think somethin's gonna get better. I'm fine now. I don't need to get screwed up waitin' for something good to happen. DIVINCI I just want you to know, love is important to me. CYNTHIA Me, too. DIVINCI But more important is loyalty. Nothing is more important than that. Not love, not anything. Because loyalty is about respect. You can talk about love all you want, but without respect it's empty. I mean the first thing that goes in a marriage is respect. And once it's gone, forget the love. So I am telling you, I am loyal to you. Like I'm loyal to my partner. We are closer than blood. And I trust him with my life. Cynthia didn't really expect this from Divinci. She's actually, despite herself, a little touched. CYNTHIA Why're you telling me this? DIVINCI When you asked if I was thinkin' about us and I said I wasn't, I just want you to know that I do. A beat, then -- CYNTHIA Just don't ask me to marry you. DIVINCI (smiles) Why aren't more women like you? Divinci leans in and they kiss. CUT TO: EXT. CYNTHIA'S APARTMENT - NIGHT Divinci exits the building. Starts to cross the street to his car parked on the opposite side when he HEARS SOMETHING BEHIND him. He turns, instantly reaching for his pistol. A drunk staggers out of the alley -- looks like he has a gun in his hand. Divinci instinctively raises his gun to shoot when -- THE LIGHT -- catches the object in the drunk's hand -- a BROWN BOTTLE, the neck sticking ahead like the barrel of a gun. DIVINCI (lowers gun) You fuckin' idiot. The drunk stops when he hears the voice. Looks through his matted greasy hair that cascades in front of his eyes. Now we recognize Joe. Divinci turns away, disgusted. Opens his car door, then stops. Caught in a thought. He turns back and looks at Joe again. EXT. ALLEY - NIGHT Joe stumbles back into the DARKNESS OF THE ALLEY. Lies down next to a trash bin. LIGHTS suddenly illuminate Joe. Joe squints as a CAR moves right up to him. Joe shields the light with an arm. We HEAR the DOOR OPEN and CLOSE, then Divinci bends down into the LIGHT. He is wearing a BASEBALL CAP backwards on his head. And GLOVES on his hands. He reaches inside Joe's JACKET POCKET. DIVINCI What've we got here? He pulls out the Smith and Wesson .44. Divinci looks at Joe. DIVINCI Where were you last Friday night? Confused, Joe looks up at Divinci through matted hair. CUT TO: INT. CAR - DRIVING - NIGHT (EARLY MORNING) Divinci drives. Joe up front. In an alcoholic daze. DIVINCI'S VOICE What's your name? Joe looks at Divinci. Having trouble focusing. DIVINCI Your name, what's your name? WILLIAM ...Joe... DIVINCI Where'd you get the gun, Joe? Joe looks down at his hands -- he's holding the .44. DIVINCI It was in your pocket, Joe, your coat pocket. You must keep it for protection, right? WILLIAM I don't know. DIVINCI Sure you do, Joe. Everybody needs protection. Especially a guy like you lives on the street, right? Joe just stares at the gun. DIVINCI Put it back in your pocket, Joe. You don't have to worry about me, I'm not gonna hurt you. Joe puts the gun into his jacket pocket. CUT TO: EXT. STREET - EARLY MORNING The LOCATION of HUDD'S MURDER. The street is empty. Quiet. Divinci stops his car next to where Hudd died. INT. DIVINCI'S CAR - EARLY MORNING Joe is asleep, leaning against the window. Divinci reaches across and yanks him. DIVINCI Wake up, Joe! I want you to look at something. Out the window, Joe. Look out the window. Joe's eyes open. Divinci forces his head to the window. DIVINCI This is where it happened, Joe. I want you to remember it. This is where you killed him Joe tries to turn to Divinci, but Divinci holds his head. DIVINCI You remember it now? How you shot him through the head? You remember it? WILLIAM I... don't... DIVINCI (lets go of Joe) You will. Divinci slams his foot down on the accelerator and -- THE CAR -- tears off down the street. CUT TO: RODRIGUEZ - INT. BEDROOM - EARLY MORNING asleep. Alone in a double bed. The PHONE RINGS. Rodriguez startles awake. Catches the phone on the second ring. RODRIGUEZ Who the hell is this? INTERCUT WITH DIVINCI - INT. MOTEL ROOM - EARLY MORNING Divinci on the phone in the f.g. Joe is passed out on the bed in the b.g. The room is dark. DIVINCI Is that any way to answer the phone? RODRIGUEZ Divinci, shit! It's quarter to six. DIVINCI I know what time it is, I'm not the one in bed. I need the photos of the scene. RODRIGUEZ Now? DIVINCI I got a suspect. But he can't remember all the details. He needs a little help. And I thought, since you're my partner, you might jump at the opportunity to lend me a fuckin' hand. Rodriguez sits up in bed. RODRIGUEZ He doesn't remember last Friday? DIVINCI He doesn't remember a lotta Fridays. Bring the shots and pick up a fifth of Vodka. (glances at Joe) Make it two. CUT TO: JOE - INT. MOTEL ROOM - DAY asleep on the bed. DIVINCI Time to get up, Joe. Divinci slaps him. Joe's eyes open. DIVINCI I want you to look at something. The room is still dark. Curtains drawn. We now see Rodriguez. He's wearing a black sock cap and gloves. He hands Divinci POLICE PHOTOGRAPHS of the car, the street, the victim -- the murder scene. Divinci pulls Joe into a sitting position. DIVINCI There's the guy and the street and the car. You remember how you shot him. Joe stares at the photographs and starts to shake his head. DIVINCI You don't remember? That's not what you told me last night. Joe is confused. DIVINCI If you remember you can have a drink. Joe looks at the bottle Rodriguez holds out to him. DIVINCI But you gotta remember how you saw him driving toward you and you were in the street and you were afraid he was going to hit you so you had to shoot to protect yourself. You remember now don't you? Joe stares at the photographs for a moment, then nods. DIVINCI And where's your gun, Joe, where do you keep your gun? Joe thinks a moment, then reaches into his coat pocket and pulls out the .44. Divinci hands Joe the bottle and Joe drinks. We PUSH IN on the BOTTLE OF VODKA as the liquid drains away and we CLOSE IN TIGHT until we can SEE LIONEL HUDD'S FACE as we -- DISSOLVE TO: CLOSE UP - THE PHOTOGRAPHS Hudd dead. Blood on the windows. The street. Joe is drunk again. In a haze. Starts to lift the bottle. Rodriguez pulls it away. Rodriguez and Divinci always stay behind Joe. RODRIGUEZ Why'd you kill him? WILLIAM I... don't know... RODRIGUEZ It was your gun. WILLIAM ...I don't have a gun. DIVINCI Yes you do. In your pocket. WILLIAM ...I'm tired. DIVINCI I know, Joe, it's tough to remember things you don't wanna remember. What about your last name, Joe. You got a last name? Joe looks up as if trying to remember. Or trying not to. RODRIGUEZ Come on, Joe, everybody's got a last name. WILLIAM I don't remember. RODRIGUEZ Don't fuck with us, Joe. We're trying to help you. What's your last goddamn name? Joe shakes his head. WILLIAM I don't know. Rodriguez suddenly smacks Joe on the side of the head when he tries to look back. Joe is surprised by the blow. Divinci pushes Rodriguez back. Shakes his head telling him to back off. DIVINCI (to Joe; friendly) Come on, we're all tired here, Joe. Just give us your last name. WILLIAM I don't remember. DIVINCI ...Okay, fine, what's in a name? But you remember the gun, right, in your pocket. Joe nods. DIVINCI And you remember that you told me you thought he was going to hit you, right? That's why you shot... WILLIAM ...Yeah. Divinci looks at Rodriguez. Rodriguez nods. DIVINCI How'd it happen, Joe, tell me how it happened. (prompting) You saw him driving toward you -- WILLIAM -- I saw him driving toward me -- CUT TO: INT. CAR - NIGHT - LIONEL HUDD driving. The night that he was shot. He looks ahead into the darkness of the street. Suddenly he SEES -- EXT. STREET - NIGHT A MAN standing in the street ahead of him. HUDD - INT. CAR - NIGHT smiles and turns toward the man in the street. A .44 is pulled from a jacket pocket, lifted toward the APPROACHING CAR. The gun is in the hands of Joe. He is scared. The HEADLIGHTS COMING RIGHT AT HIM. He aims and FIRES the gun. THE FRONT WINDOW SHATTERS. And the car swerves to the curb. EXT. STREET - NIGHT Joe watches from the street, then looks at the .44 in his hand. BACK INSIDE THE MOTEL ROOM - NIGHT Rodriguez leans into Joe who is now sitting on the edge of the bed, looking down at the .44 in his hand. RODRIGUEZ Then what did you do? EXT. STREET - NIGHT Joe is in the street again. He doesn't know what he did. BACK INSIDE THE MOTEL ROOM Divinci leans close to Joe from behind now. DIVINCI You ran. And now Joe can imagine it. We PUSH INTO JOE'S EYES. BACK TO THE STREET as Joe turns and runs. As fast as he can away from the death. He looks back over his shoulder, scared. JOE'S VOICE I didn't mean to... BACK INSIDE THE MOTEL ROOM Joe is staring at the gun. Divinci and Rodriguez watch him. WILLIAM He was going to hit me... I was scared... he was going to hit me. Rodriguez looks at Divinci. DIVINCI That's why you shot him. WILLIAM That's why I... JOE - BACK ON THE STREET - NIGHT AIMS the gun again at the APPROACHING CAR. JOE'S VOICE ...shot him. And we HEAR the GUN SHOT AGAIN, shattering the silence as we -- CUT TO: THE SMOKING .44 - INT. ABANDONED WAREHOUSE - DAY held by Joe's hand, which is held by Divinci's gloved hand. Divinci has held Joe's finger on the trigger and pulled it. The gunshot is deadened in the old building. Joe is lying in the back seat of a car, passed out, with Divinci holding the .44 in his hand. The back door is open. The engine is running. DIVINCI Helluva nice shot, Joe. Divinci pulls the 44. out of Joe's hand, then shuts the door, gets into the front. The car pulls away, exiting the warehouse. HAND - INT. INTERROGATION ROOM - POLICE STATION - DAY signing a name at the bottom of a paper -- Joe. Beneath it is the type written name: JOE DOE. We PULL BACK and see it's Joe signing a typewritten page as Divinci and Rodriguez watch. Joe is a mess. When he finishes he pushes the paper away and puts his head down on the table. Divinci picks up the paper and we -- CUT TO: EXT. CYNTHIA'S APARTMENT BUILDING - DAY A small yellow Toyota with a bashed up left fender pulls to the curb. Cynthia gets out lugging her purse and a bag of groceries. We HEAR ANOTHER CAR DOOR SHUT. She turns. Divinci is walking across the street from his car toward her. CYNTHIA It's the middle of the day. Divinci gives her a look as he takes the grocery bag from her. DIVINCI Just talk. CYNTHIA Since when? Divinci leads the way into the apartment building. INT. CYNTHIA'S APARTMENT - DAY Cynthia opens the door, pulls the key out of the lock as Divinci enters behind her with the groceries. DIVINCI I need you to do something. CYNTHIA Good, I need the money. She shuts the door. Divinci deposits the bag on the table. Cynthia picks it up, moves into the kitchen. DIVINCI This isn't a deal. Where you goin'? CYNTHIA I got perishables, okay? Cynthia enters the kitchen and Divinci follows. Cynthia starts unloading the groceries, putting the milk, eggs, etc. into the refrigerator. DIVINCI The guy we did the last deal with is dead. Cynthia turns suddenly. CYNTHIA What? DIVINCI Somebody popped him that night, probably when he tried to unload the stuff. I don't know. CYNTHIA Jesus, does anybody -- DIVINCI -- Don't worry, there's no connection. We got the guy who did it. Cynthia breathes a sigh of relief. CYNTHIA You scared the hell outa me. DIVINCI We just need you to do one thing. CYNTHIA ...What? CUT TO: INT. POLICE STATION - DAY Divinci and Rodriguez are moving down a hallway with Cynthia. She's nervous. Wants very much not to be here. DIVINCI He'll be third from the left. Don't fuck up. Third from the left. CYNTHIA What'm I supposed to say? DIVINCI Just look at 'em and then look at the man the third from the left and say, It's him. RODRIGUEZ And I'll say, Are you sure? DIVINCI And you say, Absolutely. No question. CYNTHIA This is all I need to do right? DIVINCI We have a signed confession. You i.d. him, he's goin' straight into the can. CYNTHIA Okay, okay. But this is it. I'm not doin' anything more than this. DIVINCI Hey, it's a done deal. CUT TO: INT. POLICE LINEUP ROOM - DAY ROWS of seats face a small platform. The LINEUP WALL is striped with horizontal lines with HEIGHT NUMBERS. The brightly lighted lineup is separated from the gallery, which is in the dark. UNIFORMED GUARDS are on hand to make sure there is no discussion, verbal or otherwise, between accused and witness. SIX MEN file onto the platform. All shady characters. A VOICE Stop and face front. The six men obey. A couple keep their heads down. The others squint from the bright lights. THE VOICE Lift your heads, look straight. Heads are lifted. Eyes front. But we only recognize one of them, standing third from the left. It's Joe. Divinci, Rodriguez and Cynthia are in the gallery. DIVINCI Take your time. Try and remember his face. Cynthia counts three from the left and... wait a minute. She looks more closely. Just to be sure. Rodriguez and Divinci watch her. She's obviously putting on a good show. Then she turns to Divinci, sitting next to her and whispers -- CYNTHIA I know him. Divinci is caught a little of guard -- he didn't expect a private conversation, nor does he want one for fear of it looking like he's coaching her. DIVINCI If you can identify the man -- CYNTHIA (whisper) I know him. DIVINCI Just tell us which one. Cynthia, frustrated, gives Divinci a look. CYNTHIA No. I fucking know him. Divinci still isn't sure what's gotten into her. Rodriguez looks over, a little annoyed. RODRIGUEZ What's the problem? DIVINCI There's no problem! (to Cynthia; pointedly) Do you see him up there?! CYNTHIA (aside) You don't understand. Divinci is losing his patience. He doesn't want to blow the whole thing now, not in front of guards and police personnel. The Guards are beginning to wonder what the hell's going on. So are the MEN in the line. ONE OF THE MEN Hey, come on, do it or don't! THE VOICE No talking. Divinci leans in close to her. We can HEAR GRUMBLING from the men on the platform. DIVINCI Pick the asshole out! Cynthia starts to protest again, but she suddenly feels Divinci's hand grip her arm. He's had enough. Cynthia gets the message. And while keeping her eyes locked on Divinci she says -- CYNTHIA Third man from the left. JOE squints against the harsh light, trying to see into the room, as if he recognized the voice. CUT TO: INT. HALLWAY - POLICE STATION - OUTSIDE THE LINEUP ROOM - DAY Rodriguez, Divinci and Cynthia move briskly down the hall. None happy about what just happened. The conversation is strained. DIVINCI You mind telling me what that was all about?! CYNTHIA I know him. He hangs around my building. He lives in the alley or something. Rodriguez looks at Divinci. Is this a problem? DIVINCI You don't think people that hang around your neighborhood can kill somebody. Well let me tell you something. You don't live in a great fuckin' neighborhood. Divinci pulls a paper from his pocket. DIVINCI Just sign the goddamn paper. CYNTHIA What paper? RODRIGUEZ You picked a man out of a lineup, you have to sign that you did that so they don't think we made it up. Cynthia just stares at Rodriguez for a beat, then -- CYNTHIA Now why the hell would they think something like that? DIVINCI Sign it. CYNTHIA You said all I had to do was pick him out. DIVINCI This is part of it. Just sign it and you're done. CYNTHIA How come you're so sure it was him? Rodriguez rolls his eyes. RODRIGUEZ Jesus Christ! DIVINCI He confessed. CYNTHIA Bullshit. RODRIGUEZ We got it in writing. CYNTHIA He didn't do it. DIVINCI How the hell d'you know that? Were you with him at the time?! You have a good goddamn alibi for him?! RODRIGUEZ Maybe she was blowing him! CYNTHIA Better him than you. Rodriguez grabs her arm and pushes her against the wall. Divinci looks around quickly to see who's watching. DIVINCI Take it easy. Rodriguez angrily throws up his hands and glares at Divinci. RODRIGUEZ Fine, I got nothin' at stake here. Divinci gives him a look, then leans right up next to Cynthia. DIVINCI This is what they call an open and shut case. He did the kill and he's going down. Don't make the mistake of thinking you know the right thing to do. Divinci holds out the paper. Cynthia hesitates a beat, then takes it and signs her name. CUT TO: JOE - CLOSE SHOT - MUG SHOTS holding a number. The SCENE FADES WHITE with the FLASH. DISSOLVE TO: CELL DOOR - INT. JAIL - DAY closing on Joe who is standing in the small CELL, facing the wall, his back to us. The door is locked and we -- CUT TO: INT. EVIDENCE ROOM - DAY as the .44 is placed on a shelf. But this time it's tagged with a different number. M5114000. CUT TO: THE SIGNED CONFESSION - INT. CAPT. HENDERSON'S OFFICE - DAY as Agent Simms reads through it to the end. SIMMS Doe? Simms looks across at Rodriguez and Divinci. Capt. Henderson and TWO OTHER DEA AGENTS (HOOPER and SARKASIAN) are also present. The DEA are in suits and ties. RODRIGUEZ He wouldn't give us his last name. SIMMS He signed a confession but he wouldn't give you his last name? DIVINCI He said he couldn't remember it. (points to his head) He's a head case. AGENT HOOPER You run prints? RODRIGUEZ No priors. AGENT SARKASIAN Ballistics match? RODRIGUEZ We're waiting. But a forty-four was used in commission. He had a forty- four on him. AGENT HOOPER It went down pretty quick. DIVINCI It's our street. CAPT. HENDERSON I think they did a helluva job. Suddenly Simms slams his hand down on the desk. SIMMS Goddammit! Everyone turns to Simms. He's angry. Rodriguez is uneasy. SIMMS Some goddamn piece a shit blows him away for NOTHING! The intensity of Simms anger quiets everybody. A beat as Simms regains his composure. SIMMS I'm sorry. Hudd was too good for this to happen... I just didn't think he'd go down this way. Simms crosses the room to Divinci and Rodriguez. SIMMS Good work. Thanks. He shakes their hands. Then exits. Hooper and Sarkasian follow their boss out the door. Rodriguez, Divinci and Henderson exchange a look. CAPT. HENDERSON Do me a favor. Make sure this one sticks. I don't want the D.E.Assholes back in here. CUT TO: HEADLIGHTS (B&W) coming right at us. Closer and closer. Filling the screen. FLAMES BURST (COLOR) from the barrel of a .44 in SLOW MOTION -- a FIREBALL. The GUNSHOT is deafening, like thunder. GLASS SHATTERS in SLOW MOTION. JOE covers his face with his hands to protect himself from the glass. But there is no glass. Joe is sweating, detoxing. Wild eyed. He looks through his fingers, but there is no street, no dead man. Just the BARS of his CELL. CUT TO: GLASS OF WHISKEY - INT. CYNTHIA'S APARTMENT - NIGHT golden liquid caressing the ice. A hand lifts the glass to red lips. The liquid disappears. Cynthia lowers the glass, staring at it. DIVINCI'S VOICE (FILTERED) Cynthia... pretty name. What do the first three letters spell? Cynthia suddenly hurls the glass across the room. THE GLASS - SLOW MOTIONS shatters against the wall. And bits of glass, edges sharp tumble through space like ice. CUT TO: INT. POLICE JAIL - CELLBLOCK HALLWAY - DAY A GUARD leads a MAN in a dark suit and striped tie down the corridor. He carries a briefcase. Short hair and a beard and wire-rimmed glasses. His name is ELLIOT GOFF. GUARD Word is he killed a DEA undercover... (no response) Word is he shot him in the face... (no response) Word is he signed a confession. ELLIOT Word is everyone's entitled to a defense... no matter how guilty they are. They stop at the cell block door. The guard unlocks the door. INSIDE THE CELL we can see Joe on the floor in fetal position. Shaking from lack of alcohol. ELLIOT Oh shit. CUT TO: INT. INFIRMARY - DAY Elliot waits in the hall. Fingers impatiently drumming his briefcase. The door opens and a DOCTOR exits the room. DOCTOR He's detoxing. I gave him something to help him through it. ELLIOT Can I talk to him? The doctor nods, opens the door. Elliot enters. INT. INFIRMARY - DAY Basic first aid station. Joe is on a table. Eyes closed. Elliot walks up. Doctor behind him. ELLIOT Joe, can you hear me? Joe's eyes open. ELLIOT I'm Elliot Goff. I'm your attorney... Do you understand what I'm saying? Joe's eyes close. Leaving Elliot in the dark. CUT TO: INT. SMALL COURTROOM - DAY Court is in session. Old metropolitan courthouse. The PROSECUTOR and his TEAM are at one table. The DEFENSE ATTORNEY and his CLIENT are at the other. The Prosecutor is a woman. Her name is HELEN EDEN. She is thirty-nine. She wears a business suit. RICHARD STEIN is her second in command. Richard is thirty-three. The DEFENSE ATTORNEY is fifty and a little on the portly side. His name is JOHN OBLINGER. But it's the DEFENDANT that really attracts our attention. His name is CLYDE D. DUNNER. He's done his best to look like a law abiding citizen, but no matter what kind of clothes he wears or how he slicks down his long hair or trims his mustache, this sonuvabitch looks like he'd kill for a nickel. He's on trial for murder. In the first. What a surprise. We are in the midst of opening statements. And Helen is keeping the JURY riveted. The presiding Judge is a WOMAN, JUDGE WEINBERG. HELEN -- when the defendant, Clyde Dunner, entered the house of George and Carol Beaman on Friday night, a .44 caliber pistol in his hand. He entered the house with one thing in mind. To kill George and Carol, the people he blamed for the break up of his marriage to Carol's sister, Paula. The defendant is hardly listening. His attention is on TWO MEN SITTING BEHIND the prosecution table. And he turns to glare at them. The two men are DETECTIVES RODRIGUEZ and DIVINCI. Clyde glares at them as if he'd like to get up right now, walk over to them and cut off their heads. Actually, that's what he's thinking. He mouths "You die." Divinci mouths back. "Fuck you, prick, asshole, dickhead." Then he smiles. Clyde boils. HELEN George and Carol were watching a movie when he entered the living room and opened fire. George was killed instantly, hit in the face. Carol died later of three bullet wounds to her chest. John Oblinger, his attorney, catches Clyde's murderous look and instructs him, with a point of his hand, to pay attention to Helen. Clyde reluctantly turns his gaze from Divinci. HELEN Then the defendant, in his effort to cover up the crime, doused them with lighter fluid and set the house on fire... Carol was still alive. A YOUNG MAN, looking very upset, enters the courtroom, shows i.d. to a GUARD, then makes his way down the aisle. He tries his best to be quiet, not to interrupt Helen's statement. HELEN Ladies and gentlemen of the jury we will prove to you, beyond any reasonable doubt, that the defendant, Clyde David Dunner, is guilty of two counts of murder in the first degree. Helen looks at the jury for a beat, then returns to her table. JUDGE WEINBERG The defense may now proceed. John Oblinger stands to present his side of the case. But our attention stays with Helen as she approaches the table to find her team in an upset. Their conversation is a tense whisper. RICHARD STEIN -- Jesus Christ! YOUNG MAN -- I don't know where? RICHARD STEIN Are you sure? YOUNG MAN They looked all over -- HELEN What's wrong? RICHARD STEIN They can't find the murder weapon. HELEN What're you talking about? RICHARD STEIN Dunner's .44. They can't find the goddamn gun! YOUNG MAN They lost it or something. Misplaced it, I don't know. They can't find it anywhere. HELEN (no whisper this time) What?! A pause in the court. The judge taps his gavel in anger as we -- CUT TO: INT. HELEN'S OFFICE - DAY Rodriguez, Divinci, Richard Stein, the young man and Helen. Helen is furious. HELEN -- I don't have a goddamn case without the goddamn gun. His fingerprints, the ballistics, everything! I have to have the fucking gun or he's gonna walk. That murdering piece of filth will go free without the .44. How could they lose it?! Rodriguez and Divinci exchange a look. CUT TO: RODRIGUEZ AND DIVINCI - EXT. COURTROOM - DAY walking quickly down the steps. RODRIGUEZ The Dunner gun, you used the fucking Dunner gun?! DIVINCI This is not my fuck up! Our shooting was supposed to be gang-related and unsolved! Only because we tagged a goddamn undercover cop do we need the fucking .44 for evidence! Otherwise, we never woulda needed it. So don't point your finger at me! RODRIGUEZ Alright, alright... But how are we supposed to explain how the same gun was used in two murder cases by two different killers when it was supposed to be in police custody?! DIVINCI We don't explain it. It's not our fault they lost the evidence. Ballistics are already complete in Dunner's case. All we need is another gun. CUT TO: BRIEFCASE - ALLEY - DAY as it opens, revealing a DOZEN different HANDGUNS. THE GUN SELLER All my merchandise is in top condition. Untraceable. The best money can buy. A BLACK MAN in a three piece suit, picks up the .44 with a GLOVED HAND. His accent is British. THE GUN SELLER It's got good knock down, but it's slow. Unless you have a preference for revolvers, I suggest a nine millimeter auto. They are more expensive, but what they cost in money, they save in time. Rodriguez and Divinci look down at the gun. DIVINCI The .44. The gun seller eyes them for a moment. RODRIGUEZ What? THE GUN SELLER You look like police. Divinci and Rodriguez stare at the gun seller. Then he smiles. THE GUN SELLER No offense. CUT TO: INT. EVIDENCE ROOM - DAY as the NEW .44 goes onto the shelf. CASE NUMBER C-549087. CUT TO: INT. JAIL - INTERVIEW ROOM - DAY Elliot is waiting, sitting at a table, staring at papers in his open briefcase. Door opens and a GUARD leads Joe into the room. Joe looks better, for the first time. His hair is combed. And he's clean. He wears jail blues. But he is a little gaunt. And tired. Elliot stands. The guard shuts the door, leaving them alone. ELLIOT Joe, I'm Elliot, we met the other... well, you weren't in very good shape. You look much better. Joe just stares at Elliot. ELLIOT Have a chair. We need to talk. WILLIAM About what I did. ELLIOT Yes. Joe crosses to the table and takes a chair opposite Elliot. ELLIOT Joe, before we get into what happened that night, I'd like to check a couple of things first. (looks at papers) Joe is your first name, I assume Joseph? WILLIAM Okay. Okay? Not the answer Elliot was looking for. ELLIOT What about Doe? Is that what you told the officers your last name was? WILLIAM I don't think so. ELLIOT What did you tell them your last name was? WILLIAM I don't remember. ELLIOT Well, is Doe your last name? WILLIAM I'm not sure. Elliot stares at Joe. This is going to be a little more difficult than he thought. ELLIOT Do you know what your last name is? WILLIAM I don't remember. ELLIOT Joe, I'm your attorney, I'm here to help you. It doesn't matter if you give the court your last name or not, they will still put you on trial. Do you understand? WILLIAM Yes. ELLIOT So there's no reason to try and hide your identity. (Joe nods) What is your last name? WILLIAM I would tell you if I could remember. ELLIOT Joe Smith, Joe Jones, Joe DiMaggio... Elliot hopes he can trigger a response. Joe tries hard. WILLIAM ...I don't think so. ELLIOT Okay. Look, we'll move on. You understand the charges against you. They're serious. And if you are found guilty, you could go to prison for a very long time. WILLIAM Maybe I should. ELLIOT What? WILLIAM Go to prison. I killed him. I didn't mean to. But he was going to hit me. ELLIOT Yes, I know, I read your confession. Joe, if you really felt your life was in danger, we might be able to use self-defense as our argument. But before we get into that... Do you have any family, Joe? Any friends? WILLIAM I don't think so. ELLIOT Joe... do you know what a psychiatrist is? WILLIAM Yes. ELLIOT Have you ever seen a psychiatrist? WILLIAM ...I'm not sure. ELLIOT Joe, you don't remember much about yourself. WILLIAM No. ELLIOT ...but you remember the night you shot the man in the car. WILLIAM Yes. ELLIOT Why? WILLIAM ...because... I can... I'm sorry, I'm not much help. Elliot stares at Joe, then looks down at the blank page in front of him. CUT TO: INT. SMALL COURTROOM - DAY The trial of Clyde D. Dunner in progress. Prosecution team at their table. Defense team at their table. JUDGE WEINBERG at the bench. Divinci on the stand. Clyde glaring at him. And Jury listening to Helen on the floor, prosecuting with vigor. HELEN -- and when you approached the suspect in his apartment, did you identify yourself as a police officer? DIVINCI Yes. HELEN Did the suspect respond? DIVINCI Yes, he did? HELEN In what way? DIVINCI He started shooting through the door. HELEN The Defendant fired six times, until his gun was empty. We would like to show you the weapon he used. Helen crosses to the prosecution table, picks up the .44. She holds it up for the jury to see. HELEN And we would like to enter it into court records. It was the same Smith and Wesson revolver he used to viciously murder George and Carol Beaman. The .44 is duly entered into the records. CLYDE glances at "his" .44 as it passes into the BAILIFF'S HANDS. It's a .44 all right. HELEN The prosecution would like to call Mr. Steven J. Allen to the stand. BAILIFF Steven J. Allen. STEVEN J. ALLEN, a short balding bespectacled man in his fifties, crosses to the witness box where he is sworn in, then sits. HELEN Mr. Allen, would tell the court what you do. STEVEN J. ALLEN I am a lab technician for the police department. One of my duties is to examine weapons used in violent crimes. Clyde's attention is on Helen's LEGS. He's bored by the proceedings, but something suddenly strikes him. He looks at -- THE .44 SMITH AND WESSON -- on the evidence table. There is no BLACK STAIN on the handle. STEVEN J. ALLEN I tested the defendant's revolver and matched the bullets fired to the bullets removed from the deceased. CLYDE That ain't my gun. All attention turns to Clyde. His attorney, the judge, the jury, Helen, everybody is surprised by the sudden statement. JUDGE WEINBERG I must remind the defendant that he is not to speak out when -- CLYDE That ain't my gun! The Judge taps her gavel. John Oblinger puts a hand on Clyde's arm. Clyde pulls it away. And now things happen very fast. CLYDE THAT AIN'T MY FUCKIN' GUN! And Clyde is moving toward the gun. And the Bailiff and GUARDS are moving toward Clyde. And Helen is moving out of the way. And the Judge is standing, banging her gavel. And the jury is scared. CLYDE YOU'RE TRYIN' TO FUCKIN' FRAME ME! Clyde grabs for the gun as the bailiff and guards grab for Clyde. Clyde turns and decks the bailiff and all hell breaks lose. CLYDE IT AIN'T MY FUCKIN' GUN! CUT TO: INT. MEN'S ROOM - DAY Door slams open. Rodriguez and Divinci enter. Rodriguez quickly checks all the stalls as Divinci closes the door. They are alone. When Rodriguez finishes with the stalls -- RODRIGUEZ We gotta put the right gun back. DIVINCI We can't put the right gun back! Without that gun, they won't convict Joe. RODRIGUEZ Without that gun they won't convict Clyde! DIVINCI I'm not worried about Clyde, I'm worried about us! RODRIGUEZ Look, Joe's never goin' to trial, right. He signed a goddamn confession! Like you said, this one is open and shut. Clyde's the one we gotta worry about. We can't let him go back on the street! He's a fuckin' psychopath. He'll kill somebody again. DIVINCI Shit. How the hell did that piece of puke know it wasn't his fuckin' gun?! I don't think he knows his own fuckin' mother, but he knows his fuckin' gun! RODRIGUEZ I don't think that's important right now. CUT TO: INT. EVIDENCE ROOM - DAY The harried Desk Officer is filling out his usual paper work when Divinci and Rodriguez approach. Divinci knocks on the door. The desk officer looks up. He's had a tough day. DESK OFFICER Sorry, Divinci, can't do it. DIVINCI What d'you mean you can't do it? I gotta check something. DESK OFFICER You gotta get written permission from the Chief. RODRIGUEZ Since when?! DESK OFFICER Since an hour ago when he came down here and chewed me a new asshole bigger than a three car garage. DIVINCI What's the problem? DESK OFFICER Something about missing evidence or who the hell knows. I just wanna transfer the hell outa here. DIVINCI What the hell're we supposed to do?! DESK OFFICER Ask the chief. Policy ain't my department! CUT TO: INT. SMALL COURTROOM - DAY Joe's preliminary trial. Joe is seated at the defense table with Elliot. ANOTHER JUDGE, JUDGE HAROLD PINE, is behind the bench. No jury. This is a preliminary hearing to determine if there's enough evidence for Joe to stand trail. Elliot is shuffling papers in preparation for his opening. And at the prosecution table is a very tired Helen. She looks completely pissed off and worn out. In no mood for anything to go wrong. JUDGE HAROLD PINE Whenever you're ready. Elliot stands. ELLIOT We would like to plead not guilty to the charge of murder at this time for reason of Insanity. Helen gives Elliot a look. She doesn't need this. WILLIAM But I did it. Elliot turns to Joe. ELLIOT Yes, Joe. Let me handle this. WILLIAM But I signed the confession. ELLIOT Yes, Joe. Don't worry about it. I'm the attorney. HELEN Your honor, can we have a moment? JUDGE HAROLD PINE Council may approach the bench. Helen and Elliot cross to the bench. HELEN Your honor, my colleague's client admits to the killing. I don't see any reason to go through a trial when it's obvious he would like to plead guilty. ELLIOT I don't agree. HELEN If he wants to plead guilty, you have to let him plead guilty. ELLIOT Not if he's not of sound mind. HELEN Come on, Elliot! ELLIOT I think he's crazy. I know you think he's just putting it on, that's D.A. standard procedure, but I don't think he is. So, your honor, I'm standing by the not guilty because I believe he's incapable of making that judgment. JUDGE HAROLD PINE Have you had a psychiatrist look at him? ELLIOT Yes, your honor. (hands him papers) I think you'll see that my diagnosis is not without warrant. The judge hesitates, then looks at Joe. Joe is staring at him. JUDGE HAROLD PINE I'll review the findings and make my decision tomorrow. ELLIOT Thank you, your honor. (to Helen) Besides, I hear there's a good chance of beating the charges for lack of evidence. Helen's look turns icy. CUT TO: INT. ETHNIC BAR/RESTAURANT - DAY Dark, smoky. Not a place for the health-conscious. Rodriguez and Divinci at a corner booth. Both with scotch and waters. DIVINCI Nobody can connect us to the evidence thing... we're clean there. Rodriguez is quiet. DIVINCI The most important one is this DEA mess anyway. Once that's finished, we're completely in the clear. RODRIGUEZ You know we can't do it anymore. DIVINCI ...yeah, I guess. RODRIGUEZ No, we're through. That's it. DIVINCI Good while it lasted though. A hundred grand apiece. Not bad for a few nights work. Divinci lifts his glass in a toast to himself, drinks. RODRIGUEZ I just wanna get through this. DIVINCI We're gonna get through it. No evidence problems on this one. RODRIGUEZ I hope not... I don't know, Frank, lately I been thinkin'... maybe what we did wasn't such a good idea. DIVINCI Hey, we took out a few scumbags, that's it. Nobody's ever gonna miss those shitheels. They were all pieces of garbage. Not one of 'em had a sheet less than a mile long. Drugs, extortion, assault. They were all fuckin' guilty as hell and still on the street, you know that. RODRIGUEZ Except the cop. DIVINCI Yeah, except the cop. That's part of the job. Could just as easily have happened to you or me. RODRIGUEZ But we're cops, you know? We fucked up. DIVINCI We fucked up once. Once outa ten. That's not bad. (a beat) I'm sorry, okay? I'm sorry. He was in the wrong place at the wrong time, what can I say. I'm not goin' down for it. RODRIGUEZ I know. DIVINCI Look, if we got paid a decent salary we wouldn't be tempted by this, right? And what happens when we retire? You think our pension's gonna take care of us? Shit no. We are on our own. I mean all I want in life is a goddamn fishing boat, a beach, a couple drinks and some Hawaiian fuckin'