Maribel: Well, I think she fibbed when she said she wanted to be married to Mike Markov all along. She never even checked to see if her divorce was final. That’s pretty basic.
Grace: She may have twisted the truth a little when she said she thought he would marry her. He never said he would. She knew what the deal was going in, and she accepted his terms because she had no choice.
Kevin: She lied about the property agreement. Said he promised to marry her then. I don’t buy that. Here was a guy who had a bitter divorce that ruined him once. By God, he was not getting into that situation again. She lied about her divorce.
Bob: She lied to get the money, that’s what it comes down to.
Cliff: She went for the money.
Kevin: That’s obvious. As long as Lindy lived with Mike Markov, she lived the high life. She’s lost her man but she’s damned if she’ll lose all the good things she’s used to.
Maribel: Hey, you can’t blame her for trying.
Bob: But she knew the score going in. Even you’ve got to see that, Diane, unless you think she’s a total idiot.
Diane: Much as it gripes me, I have to admit to a sneaky suspicion she knew goddamned good and well he would never marry her. The minute he showed up with that paper, she should have said “Bye-bye, you stingy cheapskate.”
Grace: But she never expected this! She never expected him to dump her for a younger woman!
Maribel: Then she is a total idiot.
Grace: What I mean is, she really didn’t see things the same as him. You know what I mean? When he said they were in it together, for life, she believed him. He just said it to get what he wanted out of her, but she never saw that.
Ignacio: He made promises, I believe that.
Cliff: But is a promise the same thing as a legal contract?
Bob: Bingo. It’s not.
Mrs. Lim: I think we all take being on a jury very seriously. We want to do the right thing. The real problem is, our quest is so abstract. Put a dollar figure on all the promises someone has made you. That’s hard to do.
Diane: This system is really fucked. This woman has a right to something from him, but what she really deserves is his loyalty and his love and nothing we do is going to give her that.
Kevin: You sound like that sassy, sly little thing, her lawyer. The next thing you’ll say is, the money is meaningless. Therefore, let’s toss a few mil her way.
Diane: Not at all. But let’s put this in perspective. He’s got dough to blow, and he owes her.
Kevin: That kind of thinking really steams me. Just because there’s plenty, she should get some? That’s so specious. Why, that makes us no better than a common mugger on the street.
Bob: Our job is to put a stop to these crazy claims the system is doling out. I’m not gonna be one of those jurors who forks over millions to someone just because there’s money out there.
Diane: Here’s something else everyone should consider. Those lawyers presenting the case. They are the hired help. They will say anything they can get away with to get you to believe them.
Discussion follows about the lawyers being in it for the money.
Wright: Let’s move back to the issues. Anyone?
Frank: Back to the ersatz marriage in the church. Remember, at that point they had barely met. They were heavy into the courtship phase. So he got down on bended knee with her. Like kids, they played at getting married. He was wooing her.
Ignacio: Yes, but why do it? Why make this kind of spiritual promise at all?
Frank: That’s simple. He did it to get her into his bed. Actions speak louder than words, you know. Let’s get this through our thick skulls. He never married her. End of discussion.
Cliff: So we’re agreed she’s a liar, and…
Mrs. Lim: You know, that’s awfully harsh, calling her that. And I wonder if it isn’t a deliberate attempt to make us forget the evidence in this case, using inflammatory words that make us dislike her.
Cliff: I apologize for using the word if it offends. And flattered you imply I’m such a master manipulator I can make anybody do anything. But point taken. We’ll watch how we characterize the plaintiff…
Diane: (very quietly) Cliffy, I think you know a whole lot about manipulating people, don’t you?
Kevin: I don’t recall any evidence in her favor. What I remember were the four points of evidence his attorney made. They weren’t married. She was employed by the company. All the paperwork supports his claim that he’s sole owner of the business. And she agreed in writing to keep their property separate.
Courtney: He wanted a wife but I think he was afraid of the responsibility.
For a few moments, there’s silence.
Cliff: You’re awfully quiet over there. Sonny, do you have anything to contribute to this discussion?
Sonny: It’s almost five. Let’s vote.
They vote again. It’s seven to five in favor of Lindy Markov. Movement, as the chairs are pushed back. Sounds of people milling around.
Diane: You did it, didn’t you? Changed your vote.
Maribel: Diane, have a heart. I don’t have any sponsors. I have a job. And seven bucks a day for jury duty is not going to keep me in panty hose.
Diane: Your employer should pay you for the days you miss.
Maribel: Oh, they will. But you know what? Out of sight, out of mind. I don’t want my replacement to become a permanent fixture.
Diane: What about Lindy? You must have thought she had a case. You voted for her once.
Maribel: I like her. I wish her well. But she lied up there, and I can’t read her mind. I don’t know what the facts are in this case, but I do know, I feel like I’m on a catamaran, jumping from one side to the other. It was that way all through the trial. I’ve totally lost my balance. I don’t know what to think.
Diane: This process is supposed to help you come to your own conclusions…
Maribel: I guess it has. I’ve concluded it’s not going to get any clearer, even if I listen to a hundred people arguing.
Diane: We can help you think this through. Just give us a chance. Keep an open mind…
Maribel: Let’s console ourselves with the idea that, in the end, if she loses, like Kris said, she’s still riding around in a better boat than me.
Courtney: (whispering) Kevin! Get your hand off my knee. I mean it. Right now.
Kevin: (also whispering) I’ve seen the way you look at me.
Ignacio: You okay, Courtney?
Courtney: I… I am now.
Ignacio: Would you mind changing seats? Bob won’t mind.
Courtney: Good idea.
Movement.
Bob: Heard you were hard up for company, Kev. Or maybe it’s your deodorant.
Kevin: So the young buck’s got some spirit in him after all.
A few more comments, a few complaints about having to return for another day, and they adjourn.
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25
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Jury, Day Two, Morning:
Mrs. Lim: I thought a lot last night. It seems to me we talked all day yesterday about the superficial evidence. What about the deep thing that kept this couple celebrating anniversaries for twenty years?
Bob: And off we go for another grand tour on the Love Boat.
Mrs. Lim: They shared family. Remember his niece called her “aunt.” They had a home, a life, a business together. They relied on each other to make big decisions. They presented themselves as husband and wife.
Maribel: Which is more than you can say for some married people.
Mrs. Lim: So why wouldn’t she believe what he told her and follow his advice? Why shouldn’t she compromise sometimes, bend to him. She loved him, thought they would be together for life, and in an old-fashioned manner, showed her respect for him as a man by letting him have things his way.
Papers shuffle.
These two people were very close on every level. They understood each other very well. After all those years living togethe
r as though they were legally bound, we now know she was lulled into a false sense of security, yes. But even he said he always promised her he would take care of her. Because she loved and trusted him, she believed him. I believe he meant those words when he spoke them, too. You see? They had agreements, and they were very explicit agreements, mutually understood.
Grace: They understood each other, that’s right.
Courtney: You’re saying they really had a marriage of true minds.
Mrs. Lim: Yes.
Ignacio: That looks on tempests and is never shaken.
Courtney: You like Shakespeare?
Ignacio: It was my mother’s favorite sonnet.
Kris: Hello? (She raps on the table.) Can we save the romance for Saturday night?
Mrs. Lim: And how about this? See, it says right here. “The law protects a partner in business against someone who breaks his word. They should each take their share.” She was an equal partner. They had desks right by each other. He broke many promises. The law should protect her.
Cliff: What’s that you’re reading?
Mrs. Lim: My notes from the trial.
Cliff: I don’t think that was testimony, was it? That sounds like one of those lawyers during the arguments.
Bob: And I thought we agreed the lawyers are as full of self-interest as the parties in this conflict, so beware.
Cliff: I believe we are supposed to ask the judge to have anything read back from the transcript.
Kris: Oh, let’s not do that. Then we go back into the court, and come back here. That’ll take forever.
Cliff: We should not rely on our memories if we’re not sure about something.
Mrs. Lim: Listen, Mr. Wright, my notes are accurate! Are you saying I made this up?
Cliff: Mrs. Lim, no need to get so emotional. Of course your notes are not intentionally wrong. Anyway, we’ve gotten way off the track here. Where’s the piece of paper that shows they had a marriage? They didn’t, and all the talk about how they lived is beside the point.
Mrs. Lim: I completely disagree.
Cliff: Well, if you insist, I’ll call the bailiff. Let’s see if the reporter can read that part of the statement back to us. Oh, and while we’re at it, let’s ask for a little clarification on mutual consent. Mrs. Lim said she wasn’t sure they were agreeing to the same thing…
Mrs. Lim: No, Mr. Wright. I said I was sure they were agreeing.
Bob: You know, Mrs. Lim, it strikes me you are taking all of this very hard. Why beat yourself up about Lindy Markov? What’s in it for you?
Mrs. Lim: That kind of comment doesn’t merit an answer.
Shuffling noises.
Kris: Do we have to go do this? Can’t we just vote again?
They leave the room for a half hour. Before they return, they break.
Cliff: I’m sure we all feel clearer now that we’ve heard the transcript read back.
Diane: As if it’s suddenly clearer the second time!
Cliff: Apparently, what Mrs. Lim was reading came from Nina Reilly’s opening statement, and her words were almost, but not entirely accurate, so I’m glad we got that figured out. Now, let’s remember the judge said that things said by the lawyers are not evidence unless they are supported by other evidence. We can’t just assume they can prove what they say…
Mrs. Lim: There was plenty of proof. Plenty. He made promises. He broke them. He pretends to forget about them. Isn’t that convenient? You think he doesn’t remember getting down on his bended knee and promising to love her forever in that church? You think he doesn’t remember they started off sharing everything or that he introduced her as his wife a million times? He’s ashamed of himself, but he’s set the wheels in motion and now he’s too stubborn to backtrack.
Diane: It’s true. He really wiggled up there.
Grace: He looks bad in general. Did you see the picture in the papers this morning of him outside the courthouse?
Diane: It’s hard to believe he ever punched his way out of a paper bag.
Cliff: I have to remind you, we’re not supposed to be reading the papers. The judge said…
Grace: We just looked at the pictures, right Diane?
Diane: Who has time to read that drivel? I’ve got better things to do. I’m in training for Mt. McKinley. Three hours a day on the stair-climber, two on a bike, running…
Grace: I think he has a lot to hide. He knows he done her wrong. He must just hate himself.
Courtney: I didn’t trust him. All those years he introduced her as his wife. Every time it was a lie, and that’s according to his own viewpoint!
They talk about the video in court that showed him doing just that, and how Mike Markov did not seem surprised to see it.
Ignacio: I believe he knew in his heart he was a married man. But the business-well, the lawyer referred to it as “their child.” It’s like a custody battle. He’ll say anything to stay in control of that.
Kevin: All of that’s completely beside the point. Doesn’t matter if he lied. Doesn’t matter if he’s a cad. We’re here because Lindy Markov wants his money. And I have yet to hear the reason we ought to give it to her, besides that he gave her kisses and hugs and said a few things over the years he didn’t mean and has lived to regret.
Bob: I resent all this valuable time spent over an issue that’s just… frivolous! Has anyone considered how much both of those rich people are paying all those lawyers? Why, there were times during this trial when there were four or five people sitting at the table on each side. How much do lawyers make? A couple hundred thousand a year? That’s practically a million bucks right there, because it probably took them minimum a year to prepare for this trial. Plus, there’s the judge, the reporter, the court clerk… we pay for them out of our taxes!
Maribel: And let us not forget the little people.
Bob: That’s right. We’re putting in a whole lot of sweat equity here. And what are we getting out of it?
Kevin: Why, Bob. We have the sweet satisfaction of being an integral part of justice in America.
They laugh.
Cliff: Let’s get back to our earlier discussion. We spent a lot of time discussing Mike Markov’s testimony. But whether he lied is not the issue. The issue is, does Lindy have a leg to stand on?
Diane: You know, I just can’t let this go by. Every time you refer to Mike, you call him Mike Markov. Every time you refer to her, you just call her Lindy. Has everyone else noticed that?
Bob: What difference does it make?
Diane: He sounds more important.
Cliff: I’m sorry, Diane. I really am. If I did that, it was unconscious.
Diane: The worst part of it is, I believe you. You are so unaware of the way you are stampeding this woman, and many of the women here right into dust.
Maribel: Will you please quit being my champion, Diane? I do not feel stampeded. You have such a nerve.
Kevin: Ladies, and Diane, I can see this is hard for you. You see a man who has tossed off a good woman. But where, oh, where is it written that he should pay for that for the rest of his life? They had a good run. Now it’s over.
Frank: She needs to forget about him and move on.
Bob: I say we help her along by giving her a kick in the rear end.
Kris: You know what? I’d like to vote again.
Diane: You’re giving up.
Kris: She’s got her rich friends to bail her out. I need to get back to my kids, and in terms of the universe, who cares whether she walks away rich or poor. She’ll toil along like the rest of us.
Diane: Is this the way it works? Somebody wants to go home, so we let Lindy Markov down?
Kris: Diane, I wish I was holier than thou. But I’m not. I’m just a person, trying to scrape by. And I do not have time for this.
Diane: You know what? Up to now I had a shred of faith in the jury system. People would ask me, shouldn’t a smart judge be the one to decide? Why waste everyone’s time? And I’d say, well, a jury of your peers is what stands b
etween you and a bigot, or an ass-kissing politician, or a hard-line Gestapo judge, or…
Maribel: Well, that’s a terrible thing to say about Judge Milne…
Diane: God, this is just what I mean! I’m not talking about Judge Milne. I’m talking about a system that is as fair as it’s possible to have. There isn’t one better. And yet, here we are, letting these guys flirt and cajole and bully us into changing our position.
Maribel: Who’s flirting? You just insult people left and right!
Kris: I don’t let men bully me. I make up my own mind. You have a hard time accepting that another woman might not think the same way you do, Diane. But we all have life experience and brains, too.
And, put this in your pipe. He said he’d take care of her. He’s got such a guilty conscience, that’s obvious. So I believe he will. Like I said before, I’d rather she didn’t have to beg, but I can see which way the wind is blowing here, and I’m willing to go with the flow because however it turns out, she’s going to get something out of him, probably more than I’ll ever see in my life. And if she has to beg, well, welcome to the real world, baby.
Diane: Kris, please. You said at the beginning she deserved something. Give this some more thought.
Kris: Didn’t you hear me? I don’t have any more time to spend on this woman’s problems. I have my own. She’s not going to jail for a crime she didn’t commit or anything! This is just about money. This is not life or death.
Diane: I’m just asking you to take your time before deciding to change your vote.
Kris: Courtney’s not the only one who knows something about psychology. I know a few things about your type.
Diane: Huh?
Kris: Yeah, the mountain climber mentality. These are people who are happiest when they are in extreme situations that demand all their attention. They’re lousy at living everyday lives. That’s too boring. I think you’d like to drag this thing out. I think you’re enjoying this. You need to get a life.
Diane: That’s so unfair. I know how to make beds and do dishes, just like you!
Kris: Unlike Lindy. Can we please vote, now?
Cliff: It’s almost lunchtime.
Kris: This shouldn’t take long.
Breach Of Promise Page 28
