"THE LIFE OF DAVID GALE" by Charles Randolph FIRST DRAFT March 1, 1998 FADE IN: EXT. TWO-LANE HIGHWAY - SUNRISE A dishevelled WOMAN in a business suit (27) runs down a lonely highway in Texas hill country, moving desperately through the thick morning fog. She's carrying a VHS cassette. The sounds of her breathing and SHOES HITTING the PAVEMENT ECHO into the mist. She runs, and runs. She slows, out-of-strength, looks up and down the highway. Both in front and behind, it leads straight into the mist, a tunnel of fog. She stumbles on, a final effort. She runs. Sees something. Stops cold. DISSOLVE TO: WHITE DISSOLVE TO: INT. OFFICE OF "DEATHWATCH AUSTIN" - SUNRISE A clock on the wall: 6:11. Beneath the clock a simple banner reads "DeathWatch Austin." YOUNG MAN (O.S.) It's probably been about seven minutes... The office is small, cheaply furnished. One wall is filled with neat rows of 8x10's of death row inmates. About 30 percent have red crosses over their faces. Five people wait in tense silence. A SKINNY COLLEGE GUY with a mullet and pinch of Skoal in his mouth looks at a computer screen. A co-ed cuddles a Styrofoam cup of coffee, sobs quietly. A matronly woman sits quietly at a desk holding a phone to one ear. The clock's minute hand changes from :11 to :12. CONSTANCE HARRAWAY (36), bookish, sits beside DAVID GALE (31). He wears a blue Yale sweatshirt. They both stare at nothing. She bites her lip. COLLEGE GUY Okay. Okay. We've got pronouncement. 6:12. Roughly eight minutes. (a beat as he records the time) Number 36 this year for the Great State of Texas. They all exchange looks: they've lost. David stands. CONSTANCE David, don't start throwing things. A PHONE RINGS. David controls himself. DAVID I'm going home. Let's do the press fax tomorrow. Another PHONE RINGS. Constance stands. CONSTANCE Go. I'll do it. He nods to her, exits. She walks to the photo wall. With a red magic marker she marks a cross over the photo of a Hispanic male. The wall clock reads 6:13. EXT. PARKING LOT IN FRONT OF OFFICE - SUNRISE The office is in a largely abandoned mini-mall. It's going to be a clear summer day. David hurries through the empty parking lot to Volvo station wagon. As the car exits the lot, we see the Austin skyline with the capitol building in the distance. INT. DAVID'S CAR - SUNRISE David drinks from a travel cup as he drives, windows down. EXT. INTERSECTION - SUNRISE David stops at a red light beside a squad car with one cop inside. The cop gives him a cursory glance. INT. DAVID'S CAR - SUNRISE He stares at the cop. The cop looks neutrally ahead; behind him the buckle of his seat belt shoulder strap catches the reflection of the rising sun. BACK TO DAVID He stares, then: DAVID Hey! The cop ignores him. DAVID Yo! Officer! The cop looks over; his face says he expects a confrontation. David points to the seat belt buckle. DAVID Your seatbelt. The cop nods, weary, embarrassed. He reaches back for the belt. David takes a sip and drives on. DISSOLVE TO: WHITE DISSOLVE TO: CLOSE ON TELEVISION Court TV reporter, Roberts, stands in front of the Supreme Court. ROBERTS (V.O.) The high court also refused to stay Friday's execution of former philosophy professor, David Gale. FEMALE (O.S.) (with her mouth full) Christ doin' Karaoke. PULL BACK TO REVEAL WE ARE IN: INT. NEWS MAGAZINE OFFICE - DAY KRUGER (47) watches with a leg up on her messy desk, eating low-fat tortilla chips and massaging a knee with an electric massager. A name plate on her desk reads "Barbara D. Kruger, Crime and Courts Editor." News magazine covers are on the walls. Kruger is black, short, overweight, wears an old jogging suit and new oversized athletic shoes. She has half- frame granny glasses on a cord around her neck. ROBERTS (V.O.) Gale had sought a review of his 1993 conviction for the rape and murder of University of Texas colleague, Constance Harraway. Kruger reaches for a phone, hits four numbers, takes a chip. ON TV A book-jacket photo of Constance. BACK ON ROBERTS ROBERTS (V.O.) Defense lawyers had hoped to argue that Gale's former activism against capital punishment unduly prejudiced... ON KRUGER She waits impatiently, munching, swallowing. ROBERTS (V.O.) ...the Texas judicial system. Citing 'discriminating purpose' -- KRUGER (into the phone) Hey, they're not gonna stay Gale. It's on Court TV right now, listen. She holds the phone out in the direction of the TV, uses the opportunity to eat another chip. ON TV We see old footage of David on a TV talk show. ROBERTS (V.O.) ...clear political gain in executing its leading opponent of the death penalty... ON KRUGER KRUGER (into the phone, swallowing) So, what's it gonna be? Belyeu said to call after the decision... No, they said only Bitsey. ROBERTS (V.O.) (in b.g.) ...Further failed to consider that the victim was herself an abolitionist activist... KRUGER It means only Bitsey. Bill, I don't get to make the rules, I'm a fat black woman. Bitsey Bloom (The runner from the opening) enters. She wears, as always, a tailored suit. KRUGER (into the phone) ...What we need is to put her on a plane to Houston. BITSEY (WOMAN) Gale's going down. Kruger shushes her with a we-know-already gesture. KRUGER (into the phone) Why do you always get lordosis around legal? She's here. She puts him on SPEAKER, and reaches for a chip. BITSEY (to the phone) Hi. What's lordosis? BILL (V.O.) Female ape's posture when preparing for intercourse. Hello, Bitsey. Bitsey shoots Kruger a look, mouths "you're sick." BILL (V.O.) Look, kids, setting aside the cost issue, though half-a-million dollars for three two hour interviews is not only illegal it's obscen-- KRUGER Market value. Guy's never talked. BILL (V.O.) That aside, I, we are still uncomfortable with the arrangement. BITSEY Meaning? BILL (V.O.) Meaning you've just spent a very public seven days in jail for a very public contempt of court citation. BITSEY Protecting sources, even kiddie porn scumbags, is magazine policy. BILL (V.O.) And I, we continue to appreciate your decision. We're just concerned. A rapist slash murderer, five days before he's executed, demands a reporter known for protecting sexual deviants. A reporter who is also a very attractive woman -- Bitsey and Kruger moan in unison. KRUGER This is disparate treatment. BITSEY I could go if I were an ugly blabby guy? BILL (V.O.) There's an agenda issue here which would be diffused with an older male... KRUGER I hear lawyers gleefully saying the words Bloom vs. News Magazine Inc. BITSEY 'Well, Your Honor, I started to notice that my assignments were evaluated on the basis of my sex.' KRUGER You've gotta let her go now. BILL (V.O.) That's not quite what I meant. KRUGER He's gotta let you go. BITSEY 'Certain references were made -- ' BILL (V.O.) (interrupting) All right. All right. Enough. The intern is with you at all times? Bitsey vehemently shakes her head "no" to this idea. KRUGER Yes. I, we are hanging up. 'Bye. Kruger hangs up the phone before he can respond. BITSEY I'm not baby-sitting. Kruger reaches for a chip. INT. RENTAL CAR - NIGHT ZACK (boyish, 24) sits in the passenger seat, smoking and looking at a case file in his lap. He holds the cigarette just outside the slightly open window. Zack has a bohemian grunge thing going -- long hair, ultra-hip glasses. As Bitsey drives, she keeps looking down at the dash's instrument panel. We hear strained patience in her voice. BITSEY Gale was seen leaving the house. EXT. INTERSTATE 45 - NIGHT The car's lights move past a sign: "Huntsville 27 Miles." BITSEY (V.O.) His sperm was inside her. INT. RENTAL CAR - NIGHT BITSEY His prints were all over the kitchen, including one on the bag. Zack has a police photo: a woman naked on a kitchen floor, hands handcuffed behind her. Over her head is an opaque white plastic bag, sealed around the neck with duct tape. ZACK Half-a-thumb print. BITSEY Okay, half-a-thumb print. ZACK Could have touched it before it was a murder weapon. BITSEY Do you fondle your friends' garbage bags? ZACK Yeah, I get very touchy around household plastics. 'Hello, everybody -- ooooh, Tupperware.' Chill. I'm just saying the bag could have been out on the counter or something. She looks at him a beat. BITSEY Hey, Zack? ZACK Yeah. BITSEY He did it. ZACK But the murder's way too fucking clumsy. And this guy's a major intellectual. Top of his Yale class, a Rhodes gig, tenured at 27, two books. He's an academic stud. BITSEY And, empirically speaking, a psychotic. Zack picks up another file photo: Christmas shot of the Gale family: David (31), his wife (Sharon, beautiful, 29), and son (Chase, 6). ZACK Look at his wife, she's a regular Grace Kelly. Old money svelte. Father was Ambassador to Spain -- BITSEY (looking at the car's instrument panel) Shit! The light's on again. CLOSEUP - OVERHEAT LIGHT is on. BACK TO SCENE ZACK Ignore it. It's a rental. BITSEY Thanks, Zack. Do you smell anything? ZACK No. Besides the guy's a flaming liberal. Bitsey keeps looking down at the light. BITSEY A person's politics has nothing to do with their propensity to commit crime. (beat) Aren't we supposed to smell it if it's overheating? ZACK Wrong, seventy-three percent of all serial killers vote republican. BITSEY Throw the cigarette out so we can smell. Zack reaches for the car ashtray. BITSEY No! You'll stink up the car. Throw it out! ZACK I'm not gonna fucking pollute. BITSEY Zack! Zack pinches the cherry off, lets it drop out the window. He shows her the filter, animatedly puts in the ash tray. She gives him a look. They ride a beat in silence. Bitsey sniffs. BITSEY We better pull off. Shit, this is so irritating. ZACK How far to Huntsville? BITSEY Look. She points to an approaching rest area exit sign. They share a glance, then a laugh. Zack affects an evil, maniacal cackle. ZACK ('Hard Copy' announcer's voice) 'NEWS Magazine reporters Bitsy Bloom and Zack Stemmons entered the rest area with car trouble... EXT. REST AREA EXIT - NIGHT The car exits for the rest area. ZACK (V.O.) Little did they know their troubles were just beginning. Zack mimics the OPENING MUSIC to "Dark Shadows." EXT. REST AREA - NIGHT Well lit and empty. The rental car is parked with the hood up. They stand looking at the radiator. BITSEY Is it hot? He puts his hand on it. ZACK Oww! Jesus, yes. Isn't it always? Bitsey shrugs. ZACK So what do I do? BITSEY I don't know, something male. Zack animatedly adjusts his balls, spits. ZACK Now what? Bitsey's not paying attention. She's watching headlights coming toward them. BITSEY Company. ZACK I hope whoever it is never saw Deliverance. A late model pickup pulls up behind them. They shade their eyes from its headlights. The lights go off. An OLDER COWBOY (mid-60's, Stetson, lizard skin boots) steps out. OLDER COWBOY You folks need some help? BITSEY Actually yes. EXT. HUNTSVILLE MOTEL SIX - NIGHT The motel lies adjacent to Interstate 45 and a Kettle restaurant. The rental car pulls up to the reception building. EXT. HUNTSVILLE MOTEL SIX - NEXT DAY The rental car is parked in front. The morning is overcast, it's sprinkling. Bitsey emerges from one of the rooms on the second floor carrying an umbrella. INT. KETTLE RESTAURANT - DAY Bitsey enters and sees Zack in a booth, smoking and reading. The hyper-smiley TEENAGE HOSTESS approaches her. HOSTESS How are you this morning? Bitsey ignores her, takes a menu without comment. She goes and sits across from Zack; he's reading Dialogical Exhaustion by David Gale. BITSEY Little early, isn't it? ZACK The non-smoking section's over there. BITSEY I meant the book. ZACK Oh. Bitsey opens the menu; he puts the book down. BITSEY What time is it? ZACK 9:15. The waitress says the Ellis Unit is about fifteen minutes out of town, so we've got like five and half hours. I -- BITSEY Never eat where the menus have pictures of the food. ZACK I was thinking we should drive to Austin, check out the crime scene. Could be some story stuff for us. BITSEY (without looking up) First, this isn't a story. It's an interview. We come, I listen, you watch, we go home. Second, there is no 'us' in the assignment. ZACK Okay, what do I watch you do for the next five hours? BITSEY (closing the menu) Drive around looking for decent restaurant. ZACK You know, your reputation as Siberian- Female-Dog-Person doesn't do you justice. She's unsure how to interpret his comment. He smiles. BITSEY My reputation got us invited here. I play by the rules. It's called objectivity. They stare at each other. Zack picks up his book, starts to read, affects a shiver. EXT. ELLIS UNIT DRIVE GUARDHOUSE - DAY Drizzle. The prison and adjacent parking lot can be seen a few hundred yards down the road. In front of the guardhouse is a sign: "TDC Ellis Unit. All visitors must report." SUPERIMPOSE: "DAY ONE" The rental car ENTERS the FRAME, brakes briefly for the empty guardhouse, and moves on toward the prison. EXT. ELLIS UNIT PARKING LOT - DAY Bitsey and Zack get out of their car. She has an umbrella. ZACK So where do we report? Three razor wire fences surround the prison. Guard towers rise at the corners. Outside the fence sits a small building with a sign: "REPORT HERE." Bitsey makes a there-you-have-it face. They move toward the building. Someone hawks. They look over. Within the fence, a skinny Hispanic inmate (50's) spits. He's hunched in the rain thirty yards away. He watches them neutrally. CAMERA TRACKS Bitsey and Zack as they walk nervously past a series of kennel-like pens that run along a long building. Inmates watch them pass: A smoking, tattooed white male (30's) stands by his door. A muscular black man (30's) with a Muslim skullcap speaks quietly to the forty-something redneck beside him. A paunchy Hispanic (20's) with a shaved head sits back against the building, making clicking sounds. A skinny white guy with his shirt off tosses a tennis ball against the building. At the closest end of the last pen, a gang-banger (20's) watches as he stands with his fingers clutching the chain-link above his head. Rain runs down his face. INT. ELLIS RECEPTION OFFICE As Bitsey and Zack enter, a clean-cut man in his forties is on the phone (DUKE GROVER). He waves them in and holds up a wait-just-a-second finger. GROVER Well, I don't rightly know one fraternity from another. But if we catch any those boys out here again, we're gonna Arrest and Prosecute... You do that, Susan... Bye now. The office has cheap wood paneling and a tired shag carpet. A portrait of GOVERNOR HARDIN (female, mid-50's) is on the wall, a large aerial photograph of the prison on the other. At a desk sits a WOMAN WITH TEXAS HAIR (40's). Grover hangs up. GROVER (to the Woman) Thank you, Margie. (turning to Bitsey and Zack) Correspondents Bloom and Stevens I presume. BITSEY Yes, hello. They shake hands. ZACK Stemmons. GROVER Stemmons. Sorry, won't happen again. I'm Duke Grover, T.D.C. community relations. Grover's demeanor suggests a successful Little League coach, his suit suggests J.C. Penny. He speaks quickly. MARGIE (WOMAN) He's usually real good with names. GROVER (to Bitsey) And these days I always like to ask, now do you prefer Miss, Mrs. or Ms.? BITSEY Bitsey. GROVER Bitsey it is. Margie, I'm stealin' your umbrella. MARGIE Okey dokey. EXT. ELLIS UNIT ENTRANCE Bitsey and Grover walk beneath their umbrellas toward the Unit gate -- Grover walks as fast as he talks. Zack follows, turns his collar up. GROVER Bitsey, you ever been in a prison? BITSEY Yes. Zack smiles to himself. GROVER On death row? BITSEY No. GROVER Well, we house 422 inmates here. Average stay with us is nine years. Some get commuted, move on, most get killed. It'll put you off your supper, but then it's supposed to. The unit fence gate parts as they enter. The older gate guard nods as they pass. GROVER (to the guard) Afternoon, Earl. (back to her) We've got three concerns here: safety, safety and safety. The visitation area is entirely secure -- we just ask you don't touch the glass. Windex gets expensive. They come to the door of the entrance area. GROVER Rules say seven days prior to execution inmates must be interviewed in a cage. The DOOR BUZZES, Grover opens it. INT. ELLIS ENTRANCE LOBBY - DAY The lobby has institutional chairs and few vending machines. To one side is a guard's counter and a walk through metal detector. They enter and make their way toward the counter. GROVER This changes for no man. You're not carryin' a weapon are you? BITSEY No. GROVER Mr. Stemmons, you packin'? ZACK No, sir. They arrive at the counter. Behind it are two GUARDS, one male, one female. GROVER (to the guards) Clarence. Karla. New York guests for Mr. Gale. CLARENCE (GUARD) May I see your purse, ma'am. GROVER (to Bitsey, indicating the metal detector) Go on and walk through. Grover keeps talking as he walks around the detector and waits for her. GROVER Now, should any kinda of unpleasantness occur in the visitation area, we ask that you stay put. Come on through, Mr. Stemmons. And please follow the instructions of these fine correctional officers should they see fit to give you any. CLARENCE (handing her the purse) Here you go, ma'am. He leads them down the hall. GROVER Anythin' you say can be overheard. And any discussion of criminal activity on your part is admissible. Not plannin' a jailbreak are you, Bitsey? INT. ELLIS VISITATION AREA - DAY The door guard gets up from his small table and opens the door for them. GROVER Here we are. The visitation hall has the linoleum-and-fluorescent feel of an empty school cafeteria. It is seamlessly intersected by curved wall of sheer glass. Across the hall a guard's booth is built into the concrete wall; the two guards inside look like they are in a sound booth. Every fifteen feet, the glass has small sound holes. On the visitors' side, chairs (with lap desks) cluster at each section. Just getting up from a chair in the hall's center is a big man wearing an expensive suit and black cowboy boots. This is David's lawyer, BENJAMIN BELYEU (late 30's). On the prisoner's side of the glass, a row of ten chairs trace the outline of its curve. Above each chair a microphone hangs from the ceiling. The center chair is in a stainless steel cage. Inside sits David Gale. GROVER (calling out to Belyeu) All yours, Mr. Belyeu. (to Bitsey and Zack) You folks have safe visit now. BITSEY Thank you. He exits as Bitsey and Zack make their way toward Belyeu and David; it's a walk of about twenty-five feet. Belyeu's voice is a thick combination of Cajun and Harvard Yard. BELYEU Miss Bloom? BITSEY Yes. Belyeu speaks as slowly as Grover did quickly. David stands up politely in his cage -- he's too tall and has to hunch. BELYEU Did that P.R. man validate your parkin'? BITSEY He said the gift shop could do it. Belyeu laughs, smiles pure Old New Orleans charm. BELYEU (to David) She's a smart one. Belyeu takes a few steps toward them, extends his hand. BELYEU Benjamin Belyeu, Mr. Gale's attorney. BITSEY This is Zack. BELYEU Pleasure. (turning) And this is the man of the hour. They move toward David. A SPEAKER-SYSTEM LOUDLY (really loudly) interrupts: GUARD (V.O.) Sit down, Gale. All wince. David sits, smiles, a bit embarrassed. DAVID Hello. BITSEY Hello. ZACK Hi. BELYEU Now, why can't they turn that thing down? DAVID (to the microphone above him) My lawyer respectfully suggests you adjust the speaker-system volume. A beat. They all look over at the guard's booth. One of the guards makes a get-on-with-your-business gesture. DAVID They're practicing being cruel and unusual. BELYEU Mrs. Bloom, I'm sure you're a bitin' at the bit. Belyeu collects papers from the chair he was using and starts to stuff them into his antique carpetbag. BELYEU Now, it is our understanding that you are to have three two-hour sessions. Today, tomorrow and Thursday, all at three in the P.M. I'm sorry we can't afford you more time, but contrary to popular rumor we have not yet begun to fight. Furthermore, it's our understanding that you will do this with no recording equipment of any kind. (to David) You have my Gregg book? DAVID I need it for Billy's appeal. BELYEU (to Bitsey) My client's got a ten pound bass on the line and he's worried about baitin' his neighbor's hook. (takes out his planner) Now, I have some papers for which I need your Jo Ann Hancock. (handing her a business card) Come by my Austin office at your earliest convenience. Thursday mornin', say. Bitsey's confused. Belyeu just smiles at her, then looks up at the microphone. She understands, nods. BELYEU Fine, till Thursday then. Belyeu picks up his bag. He and Zack start the hike to the door. Belyeu turns, walks backwards. BELYEU Good luck, Miss Bloom. (to David) I'll come by later. We can play a game of hangman, take up smokin'. David waves "get lost." Belyeu turns. BELYEU Bye, ya' all. They watch him walk away. Bitsey turns to David. He's looking at the floor, caught in a thought. BITSEY So... DAVID Sorry. Have a seat. She does so. David smiles at her, he has a beautiful smile, sincere, charming, vaguely devilish. BITSEY He's a character. DAVID Yeah, known Benny most my life. Met the summer after 4th grade, spent the day burning ants with his dad's magnifying glass. We called it playing 'Execution.' David looks at her a beat, lets the irony of this sit in the air. Uncomfortable, Bitsey starts to look in her purse. DAVID Since I grew up in foster homes, he's become the only family I have. BITSEY Where's your ex-wife? Bitsey takes a pad out of her purse, looks for a pen. DAVID We agreed minimal contact would be easier. Please don't mention her, or my son. BITSEY All right. Anything else, just clearly say, 'off the record.' I'll take it to my grave. But then you know that about me. Otherwise I wouldn't be here. David smiles, nods. BITSEY (referring to the pen) Is this recording equipment? He shrugs. DAVID How should we start? BITSEY I'd say you're a man with a story to tell, Mr. Gale. You chose the magazine, the format. You chose me. She sits with pen on paper, poised for dictation. BITSEY Go. David looks at her a long beat, then gives her the smile. DISSOLVE TO: WHITE DISSOLVE TO: TRANSITION MONTAGE CAMERA starts TO ROTATE and ROLLS THROUGHOUT until the LAST SHOT COMES TO REST UPRIGHT. A) OVERHEAD Belyeu gets in his Cadillac in the wet Ellis Unit parking lot. B) ELLIS UNIT (RAINY DAY) from the air. C) AUSTIN FROM AIR (SUNNY DAY) D) OVERHEAD SEXY FEMALE GRAD STUDENT (over-dressed in a mini-skirt and heels) moves hurriedly through the University of Texas (U.T.) campus. E) FROM BEHIND TWO GRADUATE STUDENTS attending class in an U.T. lecture hall -- they are laughing as David entertains from a mike at the podium. DISSOLVE TO: INT. U.T. LECTURE HALL - DAY Thirty animated students (circa 1992) are listening to David lecture. He's younger (31), vibrant -- looks like a grad student himself. On the white board behind him are phrases: "Lucan," "objet petit a," "Fantasy Theory." DAVID Think. What do you fantasize about? World peace? (as no one responds) Thought so. (light laughter) Money-Fame-Ferrari? (as some guys applaud loudly; others then boo them) A Pulitzer? Nobel? M.T.V. Music Award? (applause) A genius hunk -- ostensibly bad but secretly simmering with noble passions, and willing to sleep on the wet spot? As women applaud... LARGE WOMAN (yells) I'll take two! Laughter. DAVID A Victoria's Secret model -- just slumming between law school and running her family's Vastly Endowed Foundation for Tragically Sad-Eyed Children? The crowd laughs, David changes tone. DAVID Okay, good, you see Lucan's point. Fantasies must be unrealistic. The minute you get something, you don't, you can't, want it anymore. To exist, desire needs absent objects. So desire supports itself with crazy fantasies... The over-dressed Sexy Grad Student enters loudly from a side door, out-of-breath and discombobulated. The crowd laughs at the timing. David pauses. STUDENT Sorry. He animatedly gestures to the seats, waits a beat as she moves towards them. DAVID This is what Pascal means when he says the only time we're truly happy is when day-dreaming about future happiness. The Sexy Student sits, adjusts herself. DAVID Or why we say, 'The hunt is sweeter than the kill' or 'Be careful what you wish for.' A guy behind the Sexy Student taps her on the shoulder, she turns and he hands her letter from the registrar's office. It's from a girl friend two rows back. The girlfriend mouths, "It came today?" DAVID (O.S.) Not because you'll get it, but because you're doomed not to want it if you do. Think about it next time you're at a wedding. Laughter. The Sexy Student turns back around, throws the letter in a book. INT. U.T. HALLWAY - DAY Students pour out of the double doors leading from David's class. The hall is crowded. Standing waiting for him against the wall is Constance (glasses, granola clothes). She's looking at a document, holds a file. INT. U.T. LECTURE HALL - DAY The students are leaving. David is quickly erasing the white- board. The Sexy Student approaches him (her name is Berlin). BERLIN (SEXY STUDENT) Sorry about being late. There was, you know, a thing. DAVID There usually is, Berlin. BERLIN Look, I know I'm not doing well. He turns, nods, takes his books and papers from the podium. BERLIN And to torture a cliche, I'd do anything to pass. He looks at her a beat, starts to walk toward the door. BERLIN Anything, Professor Gale. He stops, turns. DAVID Anything, huh? BERLIN (suggestively) Anything. DAVID (the smile) Anything? She affects a solicitous shyness -- then goes all sex. BERLIN Any thing. He checks the room, then comes over to her, close. DAVID Tell you what, I'll give you good grade, a really good grade, if you will... (leans down to her ear, whispers sensually) ...study. He smiles, turns, walks away. As she watches, anger builds. INT. U.T. HALLWAY - DAY David comes out the room. Constance sees him, hurries to him. She's excited, and speaks now -- as always -- with absolute authority. They talk as they walk down the crowded hall. CONSTANCE David! DAVID Hey. CONSTANCE The T.A. finished transcribing the Governor's radio and TV comments. Listen: 'I hate killing, that's why I'm willing to kill to stop it.' The woman breathes in soundbites. She hands him a copy. DAVID (pretends to read a quote) 'Yes, Virginia, the people of this State have overwhelmingly affirmed the reality of Santa.' CONSTANCE You might can use some of her pre- centrist stuff. DAVID Tell me again why you aren't doing the debate. CONSTANCE Telegenics. You have a cuter butt. DAVID I hadn't noticed. CONSTANCE I know. DAVID That's not what I meant. EXT. U.T. CAMPUS - DAY David and Constance exit the building into the sun. CONSTANCE She's gonna do the whole mother thing. She empathizes with you completely, but experience has given her the courage to take the tougher road, ta- da, ta-da. Keep it rational. And flirt politely. DAVID 'Governor, you bat a lovely lash for a woman who executed thirty eight last year.' They've come to a sidewalk junction, stop. CONSTANCE And watch your ego. Don't come across as one of those I-hate-authority- because-nobody-in-charge-reads-the- New Yorker types. DAVID Anything else? CONSTANCE Yeah, don't fall into one of your brooding silences. Oh, I'm getting new federal stats from Amnesty tonight. DAVID I'm going to Greer's party. Fax them to Sharon's number at the house. She looks at him sternly over the top of her glasses. CONSTANCE If you have a hang-over tomorrow -- DAVID (hangs up, walking away) Apropos playing Mother. CONSTANCE (calling after him) Ten o'clock! (beat) Bright-eyed and bushy tailed! EXT. GALE HOME - ESTABLISHING - NIGHT The house is an immaculately restored two-story Victorian, far better than what a university professor can afford. The grounds are perfect. David's Volvo is in the driveway, his wife's new Laredo beside it. On the street out front sits a new VW Beetle. INT. KID'S ROOM - NIGHT David's son -- CHASE -- sits in bed holding a stuffed sheep in the air. David turns off the light in the adjacent bathroom, comes in holding his son's jeans and shoes. David wears a t-shirt which says "Evil-Doer & Curious Person." The room is over-decorated with boy stuff. DAVID Did you mark your calendar? CHASE (looking up at it) Yep. INSERT - KID'S CALENDAR hangs above the bed, opened to the month of March. It has a felt-tipped pen hanging from a piece of string taped to it. Ten frowny faces cover ten consecutive days, then there are three empty days before a large smiley face awaits on the fourth. The frowny faces are in a kid's hand, the smiley face in an adult's. BACK TO SCENE CHASE (counting on his fingers) Only... three more Spain days. David puts the jeans and shoes away. DAVID Only three. That's great, huh? David comes and sits beside his son. Points to an African statue (a man holding a spear) on the bedside table. DAVID What's he doing in here? CHASE Mommy said I could. Just till she gets back. (touching the spear) That's a special-duper monster laser knife. DAVID Where's your laser gun? Chase reaches under the sheets, searches, finally pulls out a laser pointer. CHASE Here. He "shoots" some toys in the corner with the red laser dot. CHASE Tussshh, tusssshh, tussshh. I never shoot them in the eyes, Daddy. DAVID That's 'cause you're a special-duper- super-quadruper boy. Who's now going to sleep. He tucks his son in. DAVID Who loves you? Chase giggles, points at his dad, then pokes his nose. DAVID Ooooh. (kissing him) Good night, son. CHASE (holding up his stuffed sheep) Do Cloud Dog. DAVID (kissing the sheep) Good night, Cloud Dog. INT. LIVING ROOM - NIGHT Obsessively cool, full of designer furniture and rough fabrics. The art is mostly contemporary and conspicuously lit -- a Damien Hirst piece sits in one corner. A few African antiquities are scattered throughout. A BABYSITTER sits on the couch reading a school textbook, holding lip gloss and absentmindedly applying it as she reads. David passes on his way to the door. DAVID Back before midnight. BABYSITTER It's cool, Mr. Gale. (calling after him) Don't do anything I wouldn't. DAVID (O.S.) Rest assured. He exits. When she hears the DOOR CLOSE, the Babysitter reaches for the TV remote. INT. DUPLEX - LIVING AREA - NIGHT The duplex is upscale, two-story with a vaulted ceiling. Scattered about are forty party-goers, mostly grad students. Some spill out onto the back patio and around the pool. Everyone has a t-shirt with a philosophic idea ("Yawnic," "Mad, Bad and Dangerous to Know," "[Philosophic t-shirt]".) LEONARD COHEN MUSIC PLAYS. FROM FRONT DOOR GREER (late 20s, Persian, "Host" t-shirt) escorts David into the living room. GREER The guy's the Immanuel Kant of the N.F.L. Consistent, accurate, effective, and boring, boring, boring. Greer leaves him at the sofa where an OLDER PROFESSOR (60s, homemade t-shirt -- "Pre-Socratic" -- over his shirt and tie) stands speaking with ROSS (late 40s, "Homosexualist" t- shirt). DAVID Meinen Herren. ROSS (has an Oxford accent) Hello, David. OLDER PROFESSOR Professor Gale. Where's your better half? DAVID Spain. OLDER PROFESSOR Again? (a beat) Well, I was just off for air. He moves to the patio. They watch him go. DAVID (under his breath) Looks like Sharon's affair is an open secret. ROSS (under his breath) Hermeneutical bias: the only fun truths are the ones someone's trying to hide. (normal tone) Have a seat. They sit on the sofa. ROSS Listen, Berlin's here -- and livid. Probations suspended her. She received the letter today, took the opportunity to throw a fit in my office. You should -- BERLIN (O.S.) Talking about me? She's standing behind them. David tilts his head back. DAVID Yep. She's tipsy, brings her face down between their heads. BERLIN (to David) He tell you I said when you were circumcised they threw away the wrong part. DAVID He mentioned it. An uncomfortable beat. She reaches over and takes Ross's drink from his hand, drinks the rest, puts it back. DAVID It's called schmuck. BERLIN What? DAVID The part of the foreskin that gets thrown away. I think it's called schmuck. BERLIN Aren't we so fucking clever. ROSS (standing, escaping) I suppose I should get us another. David? DAVID Black Bush. Ross walks to the bar. Berlin comes around and sits in his seat. Her mid-drift T-shirt reads "Sex is Power." BERLIN You were a jerk this afternoon. A beat. She's turned facing him, he looks forward. DAVID For what it's worth, I didn't know about the suspension. BERLIN Is that supposed to be an apology? DAVID More like a conciliation. ON FOOD AND DRINKS TABLE Ross has two gin-and-tonics and is finishing pouring David's Black Bush. He moves away. The table is neatly laid with snacks and bottles. The flower arrangement is perfect. SAME SCENE - LATER The table is now in mid-party chaos. Food spilled, bottles empty, the flowers in disarray. "I'M TOO SEXY" PLAYS LOUDLY in the background. Berlin takes a bottle of Red Label from the table. CAMERA TRACKS her THROUGH the living room, where a few people now dance, and out onto the patio. A crowd well on their way to being drunk gathers by the pool. They surround two patio chairs which face each other, one with David, the other with Ross. The men are playing an Irish drinking game -- the crowd has chosen favorites. ROSS (slurring a bit) All right. (clears his throat) As the poets have mournfully sung, Death takes the innocent young, The screamingly funny, The rolling in money, And those who are very well hung. Laughter, a few animated moans. David raises his glass to Ross and downs a whiskey. Someone starts to chant: "Gale! Gale! Gale!" DAVID (feeling good but very much in control) There once was a lesbian from Canjuom, Who took a young man to her room, And they argued all night, As to who had the right, To do what, how, and to whom. Laughter. Two women holding each other boo. Ross drinks. BERLIN One more. C'mon, one more. DAVID Enough. That's enough. The crowd wants more. Someone makes chicken sounds. ROSS Do you bow to the Queen? David looks at him, contemplates, then smiles. He holds his glass out for a refill. The crowd applauds. FULL SHOT OF PATIO The crowd is chanting: "Ross! Ross! Ross!" SAME SCENE - LATER The crowd has dispersed. A couple of small groups converse. Someone is being thrown into the pool. TECHNO MUSIC PLAYS. Inside the duplex a few dancers are still going at it. INT. BATHROOM David is washing his face. As he dries, the TECHNO MUSIC downstairs gets BRIEFLY LOUDER. He looks from beneath the towel into the mirror. Berlin has entered the bathroom. DAVID I'm done. She locks the door, leans back against it. She's flushed. He folds the towel. BERLIN I'm not a student anymore. DAVID Don't think I want to know what that means. David lays the towel down, leans back against the sink -- they face each other on opposite sides of the bathroom. BERLIN There once was woman named Berlin, Who liked a bit now and again. Not now and again, But Now! And Again! And Again! And Again! And Again! He laughs. BERLIN Cute, huh? DAVID Cute. BERLIN I have a secret. But I have to come over there to tell you. He makes an I'm-not-so-sure face. She moves playfully toward him. BERLIN Here I come. She comes up to him, leans into him as she puts her mouthclose to his ear. He keeps his hands back on the sink counter. BERLIN (whispering) I wasn't after the grade. She stands with her body against him, looks into his eyes. DAVID Berlin, this, this is not... She puts her fingers over his mouth, keeps them there. BERLIN Ssshhhh. With her free hand she takes one of his, rubs it against her face and lips as she speaks. BERLIN We'll just talk, analyze, contemplate. Or... you can put your mouth on my body. She moves his hand down, brushing it against her breast and to her groin. She brings her mouth toward her fingers -- which are still against his lips. BERLIN (softly, vulnerably) Don't reject me. Please. With her eyes open, she kisses the back of her own fingers, runs her tongue between them, opens them to reach his mouth. INT. HALLWAY A Hispanic woman (T-shirt: "DerriDa-Da") bee-bops to the bathroom door. Tries the handle, then dances away. INT. LIVING ROOM About eight dancers dance to the TECHNO MUSIC -- its pace increasing. A couple them are really into it. INT. BATHROOM Berlin and David are against the sink, kissing in full passion. The MUSIC from downstairs seems LOUDER. Her T shirt is off. Panting, he turns her against the sink. Pulls her skirt up, reaches for her panties. BERLIN Rip them. DAVID What? BERLIN Rip them off. He does so. INT. KITCHEN Ross sits at the kitchen table, holding his throbbing head against the POUNDING MUSIC. Greer sets a cup of coffee in front of him, sits across. A long beat. They seem like parents waiting out a teenager's party. INT. BATHROOM Berlin is back against the sink, undoing David's fly as he takes his T-shirt off. The MUSIC from downstairs seems even LOUDER. His pants and underwear fall. He starts to penetrate her. BERLIN No. From behind. She turns, faces the mirror. He positions himself behind, enters her. BERLIN Yes. He moves against her. BERLIN Do it hard. He looks at her in the mirror, then continues. She watches him. ON PATIO A guy sits alone at the far end of the pool on a lounger. The dancers can be seen in the living room behind him. INT. BATHROOM David thrusts against Berlin, her thighs pound against the edge of the sink. The MUSIC is as LOUD as it is downstairs. BERLIN Harder. He looks at her in the mirror, unsure. BERLIN Harder. He thrusts harder. BERLIN Yes. They continue in rhythm. She reaches back and pulls him into her. BERLIN Bite me. Bite my shoulder. She watches him do so in the mirror. INT. LIVING ROOM The dancers dance -- the TECHNO PACE has INCREASED even more. One dancer is a blur. INT. BATHROOM Berlin is pulling David into her. They approach a climax. She scratches him on the small of the back. Blood trickles. INT. LIVING ROOM The MUSIC and dancers are in pure FRENZY. Suddenly, the MUSIC STOPS. Greer stands by the STEREO, his hand coming back from the power button. He gestures "that's-all-folks." INT. BATHROOM David and Berlin stand still and apart, breathing heavily into the reality-inducing silence. He looks at her in the mirror, a look of shame. She gives him an odd smile. SMASH CUT TO: BLACK FADE IN: INT. CONSTANCE'S BEDROOM - NIGHT Constance wakes with a jolt, sweating. She gets up and goes into her bathroom. INT. BATHROOM - NIGHT She turns on the light, moves to the sink, opens the medicine cabinet. It's stacked with prescription medicines. Suddenly, she turns to the toilette, vomits. FADE TO: BLACK. FADE IN: INT. BARNES & NOBLE COFFEE HOUSE - DAY David and Constance sit by a window, the U.T. campus in the b.g. David's distracted, wearing a suit and a long face. She's wearing the closest thing she has to business attire. She has stacks of paper spread in front of her. CONSTANCE Okay, let's say we find an innocent on death row. Wouldn't matter. Corrections would let him go. Governor Harding would go on TV, say, 'Thanks to the good people at DeathWatch, the system works.' Yeah, if they executed an innocent, and we had absolute, undeniable, in-your-face proof, we could demand abolition. Just like happened in England. Are you okay? DAVID (coming out of it) Sorry. Yeah. He makes an effort, plays the "good listener." CONSTANCE But it hasn't happened, not since '76. And won't happen. David nods. CONSTANCE Dead men can't make a case. DAVID And 'Almost Martyrs' don't count. CONSTANCE Just keep it rational. The death penalty is expensive and ineffective. No one wants to see a murderer as a victim. DAVID Um-hum. CONSTANCE And stop that. DAVID What? CONSTANCE Active listening. I hate active listeners. Makes me feel like I'm with a Dale Carnegie grad who cares more about appearing to listen than actually listening. Did you bring the Amnesty fax? DAVID I can listen and appear to listen at the same time. Yeah, no. Damn, I left it home. CONSTANCE I have a copy. She looks through her papers, finds the copy in the stack beneath her coffee cup. She starts to hand it to him. He is looking out the window, caught in a thought. CONSTANCE You want to tell me what's up. DAVID Nothing. Everything. Something profoundly stupid happened last night. CONSTANCE (teasing) I hope you used a condom. A beat. His reaction tells her the jest hit home. CONSTANCE Jesus Christ, David. Was she one of yours? A longer beat. He holds her eyes. DAVID It was Berlin. She's stunned, then genuinely angry. CONSTANCE Oh, that's great, great. I can hear the grapevine now. They suspended her so Gale could dick her with a clear conscience. He looks at his coffee, which he hasn't touched. CONSTANCE A power differential equals coercion. Great. You are so weak. DAVID Constance, you're not my wife. Thank God. CONSTANCE I know you can tell yourself it's a position I aspire to, but believe me, I would rather... She trails off. They stare at each other a beat. Then, she starts to collect the papers. DAVID I didn't mean -- CONSTANCE Let's go. As she collects, she winces, grabs her side. DAVID Are you okay? CONSTANCE Yes, let's just go. INT. TELEVISION STUDIO - CONTROL BOOTH - DAY Two people sit in front of monitors displaying various angles on sound stage. The main monitor is playing the end of the show's signation. ASSISTANT DIRECTOR In three, two... ON SOUND STAGE A camera operator cues the host (50s, male, bow tie). The host is flanked by David and Governor Hardin. The set has an upscale regional television look. The Governor has the rare ability to look comfortable while David fidgets. HOST (to camera) Welcome back to 'Batter's Box.' Tonight we continue our very special four-part series with the Governor Hardin. Arguing capital punishment with her is DeathWatch coordinator, Professor David Gale. Governor, you're up. GOVERNOR HARDIN Alan, let me say somethin' I always say. Constance stands behind the cameras. She motions to David -- something about the papers in front of him. GOVERNOR HARDIN And I'm gonna keep on sayin.' And that is I hate killin.' That's why my administration is willing to kill to stop it. DAVID So you don't subscribe to the idea that 'a good state is one that protects its most despised members'? GOVERNOR HARDIN It's a nice liberal idea, but like most nice liberal ideas, naive. DAVID It's a quote from you, Governor, from your first state attorney campaign. Constance is biting her lip, breaks into a smile. The Governor is unsure how to react, then laughs. The host chuckles with her. GOVERNOR HARDIN You've got me, Professor. But let me, in my defense, give you a quote. Winston Churchill: 'If you're not a liberal at twenty, you've got no heart, if you're still a liberal at thirty, you've got no brain.' The host's laughter is overdone. David smiles. Constance bites her lip. DAVID So, basically you feel, to choose another quote, 'society must be cleansed of elements which represent its own death.' The Governor makes an animated thinking face. GOVERNOR HARDIN Well, yes. I would have to agree. (chuckles again) Did I say that, too? DAVID No, ma'am. That was Hitler. Constance makes a "Yes!" gesture with her hands. The Governor is surprised into silence. The host laughs and, noting her reaction, trails off. David becomes more confident, his tone more sincere. DAVID Governor, can't we examine the possibility that capital punishment isn't working. That murderers aren't deterred by the law because they have about as much forethought as lemmings. That it's expensive, inequably administered, that... David cuts his eyes briefly to Constance. DAVID ...that we may even be killing innocents. Constance rolls her eyes. The Governor is ready for this. GOVERNOR HARDIN All righty, Mr. Gale, I'll play your game. Name one. Name one innocent man Texas has put to death in my tenure. One. A beat. David doesn't respond. GOVERNOR HARDIN Name one in the last twenty years. In any state in this country. A long, miserable beat. HOST Well, Mr. Gale? DAVID Dead men can't make a case. GOVERNOR HARDIN Well, as my daddy used to say: If you can't find a problem, there probably isn't one. Constance shakes her head in irritation. BACKSTAGE - LATER The show is over. David and the Governor are shaking hands. Constance stands nearby. GOVERNOR HARDIN Well, you certainly had me on that Hitler quote. DAVID Thank you, Governor. GOVERNOR HARDIN These debates are awfully good for the state, don't you think? DAVID Of course. GOVERNOR HARDIN Well, I've got to buzz. She moves toward her handlers. GOVERNOR HARDIN You folks keep up the good work. We need that opposition. Constance's and David's polite smiles follow her. EXT. TELEVISION STATION - DAY Constance and David argue as they walk the sidewalk to the parking lot. CONSTANCE Your exact words were, 'Just tell me when my ego gets in the way of the work.' Now I'm telling you: Your ego's in the way of work. DAVID (indicating the station) Look, I wanted you to do this anyway. CONSTANCE You put up precisely two seconds of protest at the thought of a televised debate. DAVID What's that supposed to mean? CONSTANCE It means DeathWatch suffers because you're so anxious to finger authority, to publicly prove that David Gale is so much fucking smarter than the powers that be. Learn to work without an audience. Try squeezing money from the donor list. Have you ever licked one single mail-out envelope? They come to the end of the sidewalk, where two SUITS are standing -- one Hispanic, one white (30s). MAN #2 (SUIT) Mr. Gale? DAVID Look, guys, there's not much more to say -- MAN #2 Rameriz, Austin police. This is Officer Haslinger. The officers show their Ids. Constance takes one to examine it more closely. DAVID What, arguing with the Governor is a crime? The officers exchange a look. MAN #3 (SUIT) No, sir, rape is. Constance and David look at each other, stunned. OVERHEAD SHOT CAMERA QUICKLY CRANES UP and ROTATES. DISSOLVE TO: WHITE. DISSOLVE TO: INT. ELLIS VISITATION AREA - OVERHEAD SHOT - DAY CAMERA CRANES DOWN and ROTATES, ENDING UPRIGHT BY Bitsey as she listens to David. GUARD (V.O.) (over the loudspeaker) Gale, time's up. The speaker, loud as ever, startles Bitsey. David nods over to the guard's booth. DAVID Berlin had my bite marks, bruises, ripped clothing. My skin was beneath her nails. It didn't look like anything but rape. Two days later she called the D.A., said she wouldn't testify, too drunk to be sure, etc. On the plane home, Sharon read about her husband's rape case being dropped. BITSEY Why'd she do it? A guard approaches. David stands up and moves to the back of his cage, puts his hands behind him and out the slot in the back to be handcuffed. DAVID (shrugs) Finger authority, show she was smarter than the powers that be. BITSEY Do you know where I can find her? DAVID First year in here I received a card postmarked San Francisco. It wasn't signed, but I suspect it was from her -- the front had the text 'Sex is Power.' Cuffed, David stands aside for the cage door to be opened. BITSEY Anything written on it? DAVID Yeah. It said, 'I'm sorrier than you can know.' (exiting the cage) See you tomorrow, Ms. Bloom. EXT. MOTEL SIX PARKING LOT - NIGHT Bitsey and Zack are walking from the Kettle to their rooms. Zack is lighting a cigarette. The rain's stopped, but the lot is wet. BITSEY Try phone records, a net search. ZACK Fucking better than watching you work. They walk a beat in silence. ZACK You think he's telling the truth? BITSEY Don't ask me that. I don't know. There is no truth, only perspectives. ZACK Can't say that. If you say 'there is no truth,' you're claiming it's true that there is no truth -- it's a logical contradiction. BITSEY Working on our philosophy merit badge, Zack? ZACK I, on the other hand, think Gale's telling the truth. They come to the stairs and start up. BITSEY This you know telepathically? ZACK It's just my perspective. In a dark corner of the parking lot sits the pickup from the rest area. The older cowboy watches Bitsey and Zack climb the stairs. On his STEREO, PUCCINI plays. Once they are in their rooms, he TURNS UP the opera, closes his eyes, feels the music. INT. RENTAL CAR - DAY The car moves through an older Austin suburb with wood framed houses (circa 1950) in varying states of repair. It's an overcast day. Zack drives, slowly, searching. Bitsey has the passenger seat fully reclined, lies with her eyes closed. SUPERIMPOSE: DAY TWO. ZACK Thirty-three o what? BITSEY Seven. (then) 'Check out the crime scene in Austin.' You made it sound so close. Shit, two and half hours and that damn lig -- ZACK Bitsey. She looks up. Zack is pointing at house 3307, which needs paint and a lawn mower. In front of the house is a homemade sign which reads, "David Gale Death House and Museum" See where it happened!" Beneath are the opening hours (12-8); someone has marked them out and scribbled "ring bell." They share a look. EXT. PORCH OF HOUSE 3307 - DAY Bitsey rings the bell. Zack stomps out a cigarette, points out a worn "Block Home" sign in the window, raises his eyebrows. As Bitsey straightens her skirt, the door is opened by a GOTH GIRL, probably not quite eighteen. She has jet-black hair, nose piercings, tattoos, a Nine Inch Nails T-shirt. METAL MUSIC comes from within. The Goth Girl just looks at them. After an uncomfortable silence, Bitsey extends her hand. BITSEY Hi. I'm Bitsey Bloom and this is Zack Stemmons. We -- GOTH GIRL You want the tour? Her voice is slacker monotone. BITSEY Uh, yes. GOTH GIRL There's a twenty-dollar mandatory donation, apiece. But you get a re- enactment photo packet. It's got five pictures. BITSEY Okay. A beat. GOTH GIRL I gotta collect first. BITSEY Oh, sure. Bitsey reaches in her bag. INT. LIVING ROOM - DAY They enter. The room is dark, messy, with an old couch and TV/VCR. A kitchen is adjacent. The walls are full of Goth bric-a-brac: London Batcave poster, one from Burton's Frankenweenie, a couple of fan-zine pictures of Siouxsie and the Banshees. In one corner is a very expensive STEREO, from which THE CURE plays. In another, a dead plant. The Goth Girl turns the MUSIC DOWN. A table near the door has numbered photos beneath a torn and curling sheet of plastic. Small packets of snapshots sit on the table along with a few hand-labelled videos and a book of clippings. There's also a guest book. GOTH GIRL You gotta sign the book. Doesn't have to be your real name, though. Bitsey signs in. GOTH GIRL First page says you're here to do research on violent crime. The state requires it for nonprofit shit. Zack signs in. GOTH GIRL Take a re-enactment photo packet. Bitsey does so. As does Zack. GOTH GIRL If you guys could share one, it would be really cool. The butt wipes where I do prints kinda jerk my chain. Zack puts his back. Bitsey is looking at a photo: the Goth Girl in her panties and bra laying on the floor with plastic wrap over her head. She's handcuffed and wearing a platinum blonde wig. The pose is half-corpse, half-pinup. GOTH GIRL That's me. My boyfriend took it. We also did a video. It's fifty bucks 'cause you can see my tits. There's a version without tits, that's thirty- five. Zack looks at a video, hand-labelled: "Constance Harraway Murder (with breasts)! Copyright 1997! Svengali Productions!" BITSEY Do many people take the tour? GOTH GIRL Not so much anymore. We thought this would be like a busy week -- Gale gettin' the prune juice and all. Prune juice is what death row dudes call the poison, 'cause it gives you the shits. Most jerks just take a photo from the street. They shot a 'Real Crimes' episode here, but the owner didn't give us dick. ZACK You don't mind living here? GOTH GIRL I'm cool with ghouls. Beats livin' with my dickwad parents. It starts over here. She takes them to the coffee table. Among her own things, a dusty Johnny Walker Black Label bottle sits beside a tumbler (an index card with the #1 leans against it). The area has been outlined on the table with white shoe polish. GOTH GIRL She let him crash here sometimes. He was like constantly wasted. Drank Black Label religiously. Bitsey and Zack exchange a look. The Goth Girl moves into the kitchen. It's cluttered and dirty except in the various areas which at one point had been outlined and indexed -- the cards are all dirty. A sliding glass door leads onto the patio. The backyard hasn't been mowed in years; roughly twenty pots with dead plants lying around. By the door, three small taped Xs are on the floor, outlined and indexed (#2). GOTH GIRL This is where the tripod was. My boyfriend borrowed the one we usually show folks. They never found a camera, photos, or videos or anything. Gale must have buried them. These serial killer dudes take photos to whack off to later. ZACK He's not exactly a serial killer. GOTH GIRL Whatever. She moves to the sink. On the linoleum, the position of Constance's body has been chalk-lined (#3). In this area are a pair of handcuffs (#4). Not far off is a roll of packing tape (#5). A pair of latex kitchen gloves are crumpled on the sink counter (#6). GOTH GIRL She was like totally naked right here. The meter man saw her through the door. Gale handcuffed her, taped her mouth, then taped a bag over her head so she couldn't breathe. My boyfriend says that's probably when he fucked her. Your muscles tense up when you die -- the sex is better. (pointing) He used those housewife gloves so he wouldn't leave prints. They found sticky stuff from the tape on them. Zack picks up the gloves. GOTH GIRL We ask folks not to touch the exhibit. ZACK Right. He puts them back. GOTH GIRL The totally sick part was where they found the key -- BITSEY We know, you can save that. ZACK What? Where was it? GOTH GIRL It was in her stomach, dude. He made her swallow it before he bagged her. A beat. Zack's shocked. GOTH GIRL That's pretty much the highlight. Got questions? INT. RENTAL CAR - DAY Bitsey drives. They are on the two-lane highway to Huntsville. Zack smokes out the window. BITSEY It was in the case file. ZACK Fuck, in her stomach? That's colder than Wisconsin. BITSEY (looking in the rearview mirror) Zack, open your vanity. ZACK What? BITSEY The vanity mirror, pull it down. He does so. BITSEY See that truck behind us? ZACK Yeah. BITSEY Isn't that the cowboy from the rest area? They look in their respective mirrors. Some distance behind them is the older cowboy in his pickup. ZACK Same truck. BITSEY Weird coincidence, huh? ZACK (turning) Coincidences are always weird, that's why they're coincidences. INT. ELLIS VISITATION AREA - DAY Bitsey sits in front of David. He's less animated than the day before, drained. He rubs his wrists. They are speaking in hushed tones. A beat. DAVID Off-the-record? BITSEY Alright, we're off. DAVID Constance was murdered with what's called the Securitat Method. You're hand-cuffed, forced to swallow the key, taped at the mouth, a bag's sealed over your head and you're left to suffocate. The Securitat did this to Romanians who wouldn't inform or confess. Sometimes the bag was ripped off at the last second, you got a second chance. If not, you die knowing the 'key' to your freedom was inside you the whole time. A cheap-but-effective metonym. Problem is I mentioned the method in an early article. The prosecution never knew. BITSEY You're telling me someone's framing you? DAVID It's more than that. DAVID There was a tripod. BITSEY Right, facing her body. Are we on? DAVID (nods agreement) Not a single print was found on it. Someone brought it, wiped it, left it. Why? It's as if they wanted me to know that somewhere there's a record of what really happened that afternoon. As if they wanted me to die knowing the key to my freedom was... out there. BITSEY Maybe you're being paranoid? DAVID Ms. Bloom. I'm an anti-death row activist on death row. Doesn't that strike you as odd? A beat. She nods. BITSEY Any ideas who 'they' are? DAVID No. A beat. DAVID But I have someone on it, someone I'm hoping will one day find an answer. BITSEY Belyeu's hired a detective? He shakes his head. DAVID A journalist. It takes Bitsey a second to understand. David smiles. DAVID (mimicking Belyeu) 'She's a smart one.' ACCELERATED ROTATING ZOOM OUT TO LONG SHOT. DISSOLVE TO: WHITE. DISSOLVE TO: INT. U.T HALLWAY - LONG SHOT - DAY ACCELERATED ROTATING ZOOM IN. David and Constance stand by the double doors. He's concentrated; she's biting her lip. They're looking onto a large parking lot. The lot is practically empty except for Sharon and Chase, who stand near their Jeep. It's packed with various household items, things not entrusted to movers. CONSTANCE I'll drop by your office after. He nods and goes out. EXT. U.T. PARKING LOT - DAY As David approaches them, Chase runs to them -- still carrying Cloud Dog. He jumps on his dad. CHASE Wear me like a fur, Daddy! Wear me like a fur! As he walks, David drapes the boy sideways over his shoulders (like a fur). Chase squeals with pleasure. DAVID Who's your hero? Chase bonks him on the nose. David sets Chase down when he reaches his WIFE. He kiss him goodbye as the boy struggles to move on to something else. A long beat as David and his wife stand uncomfortably. DAVID Call me when you get to Boston? SHARON (WIFE) Yeah. A beat. DAVID I wish you -- SHARON Don't. She turns and walks to the Jeep. The door's open. SHARON Chase, get in, Sweetie. Chase climbs in, sits in the driver's seat. CHASE (turning to his dad) See ya later, Alli-gator. DAVID After awhile, Crocodile. CHASE Take it easy, Japa-ne-se. DAVID Okey-dokey, Artichokey. SHARON (to Chase) Scoot. Chase scoots over to the passenger seat. Sharon gets in the driver's seat. SHARON I sent you an e-mail. DAVID Okay? SHARON Just read it. She closes the door. Suddenly, Chase opens the passenger side door, runs around the Jeep carrying Cloud Dog. He runs to his dad, hugs him one last time. SHARON (cracking her window) Come on, Chase. Chase starts to go back, turns and hands David his Cloud Dog without comment. He then quickly runs back around the Jeep and gets in. David watches them drive away. Chase's hand waves out the window until they are out of the parking lot. INSERT - COMPUTER SCREEN with an e-mail message: "David, I want a divorce. I'm sorry to say it so plainly, but that's how I feel it. I don't need time to think, this whole 'rape' thing has only forced..." INT. DAVID'S U.T. OFFICE - DAY David sits in front of his computer, staring into space. The office is institutional, cramped. Books line the walls, fill the desk. There's a framed poster (Warhol-style) of Socrates. He reaches into his desk for a bottle of Black Bush and fills his glass. There's a KNOCK on the door. Constance enters. CONSTANCE You could at least hide the bottle. David closes the e-mail. She collapses in the chair opposite his desk, exhausted. DAVID Well? CONSTANCE Officially, you're on sabbatical. Unofficially, they want you to look for another position. It was four to two. A beat as he absorbs the information. DAVID How did Ross vote? CONSTANCE You're not supp... Against you. David nods. DAVID And you? CONSTANCE Against my politics. David mouths a "thank you." EXT. GALE HOUSE - DAY A Century 21 real estate agent is putting a "For Sale" sign in the front yard. INT. UPSCALE RESTAURANT - DAY David is having lunch with an IVY LEAGUE-LOOKING MALE in his fifties. Only water and bread are on the table. DAVID So, I wanted to get your feedback on the idea. The Ivy Leaguer vigorously butters his bread. IVY LEAGUER Look, Professor Gale, I could sit here, as I'm sure others have, and plead departmental cutbacks. Claim you need more publications, or I need a minority, whatever. All bull- geschichte. Your record's brilliant. You're an original voice worth -- in the scarcity-defines-value capitalist system under which we toil -- your weight in gold. Hell, it's not even the alcohol. It'd be nice to have faculty whose crutch wasn't Prozac. But, to speak plainly, if I hire you, in the eyes of the regents, alumni and every freshman with an ear for gossip, I'd be hiring a rapist. He takes a bite of bread. IVY LEAGUER You're not politically correct, Dr. Gale. Welcome to the club. EXT./INT. DAVID'S APARTMENT - DAY David stands on the balcony of a sparsely-furnished 420-a- month apartment. Books are stacked everywhere. An Interstate runs nearby. He holds a phone, looks down in the pool area. DAVID'S POV A horribly-tanned man in his seventies (wearing a Speedo) attempts to do Tai Chi. CHASE (V.O.) (on his mom's answering machine) We aren't home. Please, tell us a message. SHARON (V.O.) (cueing him in the b.g.) At the beep. CHASE (V.O.) At the peep. ON DAVID David lets the PHONE BEEP, just stares down at the man, saying nothing. EXT. APARTMENT COMPLEX PARKING LOT - DAY As David gets out of his Volvo, a SORORITY PLEDGE (funny clothes, Greek letters on her cheek) quickly approaches. She takes his picture with a Polaroid camera. She runs to a waiting convertible, where two other girls sit. SORORITY PLEDGE I got it! I got it! She jumps in the car and they speed away. INT. HIGH-RISE OFFICE - DAY The office is Philip Stark chic with large window walls -- Austin stretches into the distance. David sits on a sofa across from an exceedingly ATTRACTIVE WOMAN (early 40s). ATTRACTIVE WOMAN What exactly attracts you to the bond market? He's staring into space. ATTRACTIVE WOMAN Mr. Gale? He looks at her. She forces a strained smile. INT. DAVID'S APARTMENT - NIGHT Dark. David lies on the floor, his head propped against a wall. He's in his underwear and drinking from a Black Bush bottle. The phone's beside his ear and Chase's MESSAGE on his wife's MACHINE TWEAKS out of the receiver speaker. After the BEEP, David hangs up, gets a DIAL TONE, and punches re- dial. The MESSAGE STARTS again. After the BEEP, he hangs up, gets a DIAL TONE, and punches re-dial. INT. SMALL OFFICE - DAY David is in the office of an overdressed YUPPIE BLACK MAN (early 20s). David is doing his active listening thing. YUPPIE MAN (over-articulating) Now, Mr. Gale, I want you to tell me three personal qualities you have that would make you a successful Radio Shack manager. EXT. GOLF COURSE - DAY David and Belyeu approach a ball fifty feet from the green. BELYEU Because divorce proceedings do not require her presence in the country. For a custody hearin', yeah, she'll have to return. David chooses a club. BELYEU But without successful completion of an alcohol treatment program, you'll be lucky to get the odd Thanksgivin'. David walks to the ball. DAVID So my chances of getting partial custody aren't good? BELYEU Roughly the same as you sinkin' that from here. David looks at him, then concentrates on the ball -- suddenly it has meaning. He swings. The ball lands in a water trap. INT. PICTURESQUE MOUNTAIN ROAD - DAY David's Volvo winds up the road, enters through a gate. A sign beside the gate: "The Go lightly: A Recovery Clinic." FADE TO: BLACK. FADE IN: EXT. CONSTANCE'S HOUSE (3307) - DAY It's a beautiful day. The house looks much different than in the Goth Girl's care -- flower bed, well-manicured lawn, fresh paint. The "Block Home" sign is in the window. David's Volvo pulls up in front. INT./EXT. CONSTANCE'S FRONT HALLWAY - DAY Constance opens the door for David. He's wearing a short sleeved Radio Shack shirt and tie. She's taken aback. Looks at him a beat, bites her lip, suppresses a laugh. CONSTANCE I'm sorry. He plays hurt, then they both burst out laughing. LONG SHOT - CONSTANCE AND DAVID She hugs him as they laugh on the porch. INT. CONSTANCE'S LIVING ROOM - DAY The living room is now Laura Ashley cozy. The sliding door is open so the room's sunny, breezy. Constance leads David in. She looks tired but is animated, a bit too much so. Her hair is different. CONSTANCE You look good. DAVID I feel... washed. She smiles at him maternally, touches his face. They hug again. CONSTANCE (lightly, in his arms) I need you. DeathWatch needs you, now more than ever. DAVID Nothing like I need you, both. You're all I have. CONSTANCE Look. She moves from him, takes a photo from a case file on her kitchen table. CONSTANCE Jo Ann Johnson's been re-scheduled. INSERT - PHOTO of a young black women -- pleasant, timid. BACK ON SCENE CONSTANCE I've got a call with Hawkins tonight, and if national will commit emergency funds... She lifts a small plant, moves to the porch. DAVID Jo Ann will be commuted and you'll only prove the system works. He notices she has bruises on her arms. CONSTANCE But I'll save a life. DAVID (referring to the bruises) Where'd you get those? CONSTANCE Spring cleaning. EXT. CONSTANCE'S PORCH CONSTANCE She went up at 18, she's 26 now. She sets the plant down among others. At the very back of the yard, the Older Cowboy spades in a vegetable garden. DAVID (calling to the Cowboy) Hey! She ever not make you work when you come by? OLDER COWBOY (raising his spade in greeting) Mornin', David. DAVID (turning to Constance) What's her story? CONSTANCE I really want us to get behind this one. She's articul -- DAVID Constance, who did she kill? Constance looks at him a beat, sighs. CONSTANCE A cop. DAVID She admit to it? Contance sheepishly nods. DAVID You're a crazy woman. Not your medium grade thinks-she's-Teddy Roosevelt's- bathrobe, but stark-raving-loose- screws-in-the-belfry insane. CONSTANCE You're mixing metaphors. DAVID A real danger to flora and fauna. CONSTANCE Are we gonna do this? DAVID (the smile) And how. He kisses her on the forehead -- he's surprised. DAVID You're burning up. EXT. STARBUCKS - NIGHT David exits the store carrying four large coffees in a cup- container, tries to sip one without spilling the others. He's still wearing the Radio Shack shirt, seems happier. In the parking lot, a hip high schooler jumps out of his Camero and moves toward the store. As David comes in front of the car, he sees his former baby-sitter sitting in the passenger seat. Their eyes meet. He smiles. She smiles back, waves. As he passes, he hears the girl hit the car's automatic DOOR-LOCK BUTTON. INT. OFFICE OF DEATHWATCH (AUSTIN) - NIGHT David enters carrying the coffee. The matron sits on a desk licking envelopes. The college guy is on the floor beneath a desk rewiring a computer terminal. COLLEGE GUY (calling from beneath a desk) Howdy, Mr. Gale. DAVID Hello, folks. David goes to the Matron, gives her cup and three Sweet & Lows. MATRON Hello. My, this is service. Thank you. DAVID Gladly. He takes one of the unsealed envelopes from her stack, then puts a cup beside the legs of the College Guy. DAVID Latte on your left, partner. David makes his way to the back office. The College Guy gives the Matron a look -- they're surprised, pleased. INT. BACK OFFICE - DAY Constance sits at a spartan desk. Nothing is on the walls, though a window opens onto the alley behind. She's talking on the SPEAKER PHONE with the DeathWatch national director -- a social gathering is going on behind him. DIRECTOR (V.O.) ...and see what kind of resources the religious groups can deliver. David comes through the door. She waves him in. CONSTANCE I'm sure we can get some pulpit time, maybe cable. He sets her coffee in front of her. Then sits across from her. DIRECTOR (V.O.) Cable's good. Listen, I need to run. For now, I agree the first press release should focus on the woman's youth. David holds up the envelope for Constance to see, then animatedly licks and seals it. He then, literally, pats himself on the back. DIRECTOR (V.O.) I'll have the Washington people look into counsel competency, though I'm almost sure she's exhausted this issue on appeal. She smiles at him, shakes her head. CONSTANCE (to the phone) John, David's going to -- DIRECTOR (V.O.) Oh, I almost forgot. He's not around, is he? Constance hesitates, looks at David. He shakes his head no. CONSTANCE No. DIRECTOR (V.O.) Good, keep it that way. His relationship to DeathWatch is over, terminated. Last thing we need is this rape thing coming back to bite our butts. Constance is not sure how to react. David just stares at her. DIRECTOR (V.O.) These guys don't stay on the wagon for very long. David stands up and leaves the room, quickly. His coffee spills. Constance can only watch. DIRECTOR (V.O.) I'm serious, Constance. Ban him from the premises. I realize you two... EXT. DEATHWATCH OFFICE (AUSTIN) - NIGHT Constance comes anxiously out the front door. CONSTANCE'S POV David's Volvo pulls out of the parking lot. BACK TO SCENE She stands watching it drive away, breathing heavily. She winces, grabs her stomach, vomits on the sidewalk. EXT. AUSTIN STREET - NIGHT The Volvo is parked on a seedy Southside street. David stands at a phone booth and dials a long-distance number and a calling code. He waits, impatiently, looks across the street: There's a liquor store. CLOSEUP - RECEIVER at his ear, Chase's MESSAGE BEGINS. BACK ON DAVID He speaks into the PHONE after the BEEP. DAVID Sharon, pick up. For once just pick up the goddamn phone! If you keep him in Spain, I'll... I'm begging you. He's my son! Please! Please.... Please. David starts to put the receiver back, then suddenly starts smashing it against the phone's body; he smashes it long after there is anything left to destroy, long after his hand bleeds. EXT. CONSTANCE'S HOUSE (3307) - NEXT DAY Constance walks with car keys and a large stack of mail toward her front porch. She looks like she hasn't slept in weeks. David is sitting on the porch beneath the Block Home sign, holding Cloud Dog. He wears the Yale sweatshirt, the Radio Shack shirt is wrapped around his injured hand. He's sloppy drunk. DAVID