Arrest and Trial

In writing this episode I was putting forward the question of, could a deadly disease for which no treatment exists be used as a murder weapon? Remember, this script was written before any medications at all existed for AIDS. This is a question of law, and the laws had not been written at that time concerning this issue, and for the most part they still haven't been written. I left it up to the viewer, or in this case the reader, to come up with their own verdict, and left Chris and Mary Beth frustrated in the end. I have to admit that I did this because I couldn't figure it out myself.

CAGNEY AND LACEY

"Arrest and trial"

Written by John M. Riggle

April 8, 1987

Cast

Sharon Gless, Tyne Daly

Coleman (Harvey Atkin); Michael Lacey (Troy Slaten); Harvey Lacey (John Karlen); Harvey Lacey Jr. (Tony LaTorre); Victor Isbecki (Martin Kove); Donna LaMarr (Carol Cook); Charlie Cagney (Dick 0' Neil); David (Steven Macht); Tony Stantinopolous (Barry Sattels)

Guest cast

Salesgirl; Man (floorwalker); Kelley Smith(Girl perpetrator); Anders; Man (customer on street); Bailiff; Judge Patricia Azios Dr. Fuad; Adams; Blond hair; Black hair;Brown hair

Sets

INTERIORS: Department Store; 14th precinct squadroom; Lacey kitchen; The Jane; Assistant Prosecutor's office; Chris's loft; Court Room

EXTERIORS: New York sidewalk; 14th precinct Parking bay; New York sidewalk #2; 8th Ave.; Court House

Chronology: Scenes 1-9 (Day); Scene 10 (Evening); Scenes 11-14 (Day); Scene 15 (Evening): Scenes 16-34 (Day)

Cagney and Lacey

"Arrest and trial"

FADE IN

INTERIOR-DEPARTMENT STORE-DAY

ON Cagney and Lacey at the glove counter. A salesgirl is behind the counter.

CAGNEY

This red pair will match my shoes and belt. Do you have a scarf to match ?

SALESGIRL

I believe so. Let me look. The salesgirl walks away.

LACEY

Red shoes, red gloves, and a red scarf too. This must be some really special place David's taking you to.

CAGNEY

His Niece is getting married. That doesn't come along every day. Especially since he only has one niece and no nephews.

LACEY

I guess that's special enough to call for a new outfit.

The salesgirl returns with a sheer red scarf.

SALESGIRL

Will this do ?

CAGNEY

Perfect. Write it all up and put it on my credit card.

She hands her credit card to the salesgirl. Lacey looks around as the girl writes and Cagney signs. Lacey spots a girl shoplifter, who looks like a prostitute, and Lacey watches her intently and silently.

CAGNEY

Let's go, Mary Beth.

LACEY

Wait. I've spotted a shoplifter. Let's follow her and arrest her.

Cagney turns to follow Lacey's gaze.

CUT TO:

ON the girl shoplifter. She slips a cheap pair of plastic earrings into her purse and wanders off unconcernedly.

CAGNEY (V.0.)

She's just lifting a few cheap plastic things. Let's leave her to the store detective.

LACEY (V.0.)

He's not around. I was reading in the paper a couple of days ago that stores have to charge from ten to fifteen percent extra for everything because of shoplifters. I want to take her in.

CAGNEY (V.0.)

O.K., if you insist. But you can do the paperwork. I have to wash my hair.

The girl leaves the store with Cagney and Lacey following.

CUT TO:

EXTERIOR-DEPARTMENT STORE-SIDEWALK-DAY

Cagney and Lacey come up on both sides of the girl and take her by the arms.

GIRL

Hey, what is this.

Cagney shows her badge.

CAGNEY

You're busted for shoplifting. Let's go back into the store.

LACEY

You have the right to remain silent, And I hope you do.

GIRL

O.K., O.K. Lets get this over with so I can get back to work.

They take her into the store.

CUT TO:

INTERIOR-DEPARTMENT STORE-DAY

Cagney and Lacey enter with the girl in tow. They go to a man who seems to be a floorwalker for the store.

CAGNEY

I'm Sgt. Cagney and that's Det. Lacey over there. We just caught Little-Bo-Peep here filling her pockets and leaving without bothering to pay for anything.

MAN

It's the policy of this store to prosecute ALL shoplifters, so just take her in and lock her up.

LACEY

You got it. Let's go, girlie. They turn and take her out to the street again.

CUT TO:

EXTERIOR-STREET-DAY

A black and white patrol car is waiting for the light. They go to it, open the back door, and put the girl inside. Lacey gets in with her. She shows her badge to the uniformed officers in the front seat.

LACEY

Det. Lacey. Just drop us at the 14th precinct.

CAGNEY

See you tomorrow, Mary Beth.

The patrol car pulls away, leaving Cagney standing there.

FADE OUT

FADE IN

EXTERIOR-l4th PRECINCT PARKING BAY-DAY

The patrol car pulls up and the uniform officers help Mary Beth take the girl inside.

CUT TO:

INTERIOR-SQUADROOM-DAY

The officers help Lacey put the girl into a holding cell, then leave. Lacey sits down at her desk and puts a form in her typewriter.

GIRL

Hurry it up so I can make bail and go to work.

LACEY

Keep your panties on girlie. You can make bail as soon as I take this paperwork to the judge.

GIRL

I don't wear panties. I don't like the lines.

LACEY

I bet you don't. Not to mention taking them off and putting them on ten times a day. You got a name ?

GIRL

Kelley Smith.

LACEY

And how many other names you got ?

SMITH

Look it up. You got the records.

LACEY

I bet I have. Date of birth ?

SMITH

Sep. 4, 1964.

LACEY

Address ?

SMITH

Parker Hotel, room 411.

Lacey continues typing up the charge sheet. Finally, she finishes and pulls it from the typewriter, and gets up.

LACEY

O.K. I'll take this downstairs and a uniform will take you over to court. You should be on the street again in a couple of hours, and on your back workin' soon after that.

SMITH

Very funny.

LACEY

No, it's not funny, it's sad. I get tired of lockin' up punks like you. I could be spendin' my time workin' on something important. Do us both a favor. Clean up your act.

SMITH

Yeah..... .Sure.

FADE OUT

EXTERIOR-14TH PRECINCT PARKING BAY-DAY-ESTABLISHING

INTERIOR-SQUADROOM-DAY

ON Cagney and Lacey at their desks. Coleman approaches with his hands full of papers.

COLEMAN

Here's the medical report on that prostitute you arrested yesterday for shopliftin'.

He hands the papers to Lacey.

CAGNEY

Medical report ?

COLEMAN

Sure, they always do that on known prostitutes every time they get arrested.

CAGNEY

So what's this one got ?

COLEMAN

AIDS.

CAGNEY

AIDS ?

She gets up and comes around to Lacey's desk, picks up the report and starts reading it.

CAGNEY

Look at this, Mary Beth. She's had AIDS for at least four years.

LACEY

I wonder how many men she's given, it to, and how many women they've given it to.

CAGNEY

I wonder.

A BEAT

FADE OUT

FADE IN

LACEY KITCHEN-EVENING

Everyone is eating supper but Mary Beth is just picking at her food.

HARVEY

You gotta eat more than that, Babe. Come on, dig in.

MARY BETH

I don't seem to have much appetite tonight Harv.

MICHAEL

Mom. We all know when you lose your appetite it means something at work is really bothering you.

HARVEY JR.

Yeah mom, tell us what's wrong.

MARY BETH

I can't. But I'll discuss it later with with your father. He can tell you.

HARVEY

I can't think of anything I can tell these boys that you can't.

MARY BETH

I really can't talk about this.

MICHAEL

Come on, mom. You know you'll feel better if you do. We can handle it.

MARY BETH

Harvey, I just can't.

HARVEY

You got to get it out, Mary Beth, before it hurts you any more.

MARY BETH

Well.....I guess you'll all find out someday. I guess you might as well hear it from me. A couple of days ago I arrested a girl for shoplifting. Later I found out she's a prostitute. For the last four years she has had AIDS. For four years she's been giving AIDS to all her customers. They're all gonna die. They trusted her and they're all gonna die. I gotta find some way to stop her, and I don't know how. She's a typhoid Mary and I can't find a law to use to stop her.

HARVEY

All those men are gonna die ? Just from her ?

MARY BETH

It's worse than that. The men don't know they have it and they're giving it to other women. The women are giving it to other men, and God only knows where it may go or how to stop it.

HARVEY

Didn't any of them use condoms ?

MARY BETH

Maybe some did. But not very many.

HARVEY JR.

Passing out death. I can't think of a meaner thing to do.

MICHAEL

And the poor guys don't even know she's killing them.

HARVEY

I won't lie to you, Mary Beth. A couple of times I thought about goin' to a prostitute. But I never did. I never saw any real harm in it. Now I'm glad I never did. I could never forgive myself if I brought death home and gave it to you.

HARVEY JR.

AIDS worries me too, mom. I can't ask every girl I know to take a blood test to prove she don't have AIDS. All I can do is keep my pants on and hope for the best.

HARVEY

Keepin' your pants on is the best, son.

HARVEY JR.

Yeah, but some girls go around tellin' everybody they think I'm gay.

HARVEY

Pay no attention to them. Better to let them say anything they want. Words won't kill you. AIDS will.

MARY BETH

I didn't know you guys understood so well.

MICHAEL

Course we do, mom. We weren't born yesterday.

MARY BETH

So how do you think I should stop this girl from what she's doin'?

HARVEY JR.

If she's passin' out death, isn't that the same as murder ?

MARY BETH

No, Harvey, they don't die till years later.

MICHAEL

What difference does that make ? They still die because of what she did. She killed them just the same.

MARY BETH

It's not the same. At least I don't think it's the same.

HARVEY

Out of the mouths of babes sometimes comes wisdom far beyond their years.

MARY BETH

I guess I'll have to check it out with the D.A.s office. Maybe it is the same.

END OF ACT ONE

ACT TWO

FADE IN

EXTERIOR-14TH PRECINCT PARKING BAY-DAY-ESTABLISHING

INTERIOR-SQUADROOM-DAY

ON Chris at her desk as Mary Beth enters, lost in thought. she crosses woodenly to the sign-in board and signs in. She then goes to her desk and sits down. Chris is talking during this.

CAGNEY

Hi Mary Beth....After I left you at the Department store yesterday I decided to really indulge myself.... I went and got my hair done got a manicure,,, and even got a pedicure....How do you like it ? Mary Beth??....MARY BETH??

LACEY

What ??

CAGNEY

I've been talking to you.

LACEY

O.K. What ever you say.

CAGNEY

I asked you how you like my new hairdo.

LACEY

Oh. .... Here it is.

Lacey picks up a file folder from her desk and hands it to Cagney. Cagney takes it and lays it on her desk, and just stares at Lacey. Isbecki approaches Lace's desk.

ISBECKI

Hey, Lacey. Samuels said to tell you it's time for you to go by the pistol range and requalify.

LACEY

No thanks, Victor. I'll get some coffee later.

Isbecki looks at her with a puzzled look.

CAGNEY

She's in another world today, Victor.

ISBECKI

What do you suppose brought this on ?

CAGNEY

Beats me.

ISBECKI

She's your partner. You wake her up, and don't forget to tell her about qualifying.

CAGNEY

I'll take care of it.

Isbecki leaves as Cagney gets up. Cagney goes around to Lacey's desk. she takes Lacey by the arm and pulls.

CAGNEY

Come on.

LACEY

What ?

Cagney leads Lacey into the Jane.

CUT TO:

INTERIOR-THE JANE

Cagney enters with Lacey in tow. She takes her to the sink.

CAGNEY

Try a little cold water in your face. Maybe that'll wake you up.

LACEY

What're you talking about ? I'm awake.

CAGNEY

Oh ? What did I tell you when you first came in this morning ?

LACEY

You asked me for the Davidson file, and I gave it to you.

CAGNEY

And what did Isbecki ask you ?

LACEY

He asked if I'd like him to get me some coffee. I told him later.

CAGNEY

Wrong on all counts. I asked how you like my new hairdo, and Isbecki told you Samuels wants you to requalify on the pistol range.

LACEY

Yeah ?

CAGNEY

Yeah. I've seen you like this before. start, talking. What's bothering you ?

Lacey looks in the mirror, then paces back and forth.

CAGNEY

MARY BETH YOU START TALKING RIGHT NOW!!

LACEY

It's that girl I arrested for shoplifting. I talked it over with Harvey and the boys, and the boys think we should arrest her for murder.

CAGNEY

Murder ? How do they figure that ?

LACEY

They say she's killing her customers by giving them AIDS.

CAGNEY

Well, she is. But they have to die before we could charge her with killing them.

LACEY

CAGNEY

I think AIDS is a sort of living death, but I don't think the law has any way for us to do anything. We could discuss it with the D.A.'s office though.

LACEY

I was hopin' you'd say that. Lets do it. Maybe there's a way we don't know about.

FADE OUT

FADE IN

INTERIOR-AN OFFICE OF AN ASSISTANT PROSECUTOR-DAY

Cagney and Lacey are seated in front of a desk. A man enters and sits behind the desk.

ANDERS

Good morning, ladies. I'm assistant prosecutor Anders. What can I do for you today ?

CAGNEY

I'm Sgt. Cagney, and this is Det. Lacey. A few days ago we arrested a shoplifter. She turned out to be a prostitute and she has AIDS. She's giving it to all her customers.

ANDERS

That's one of the main ways it's spread.

LACEY

Yes, sir. We know that. I discussed it with my husband and two sons. My sons feel she's killing her customers and we should be able to arrest her for murder.

ANDERS

How do you expect to prove that with all her customers still alive ?

CAGNEY

I don't know. We thought you might be able to figure out a way.

ANDERS

I see. Well, I'll have to discuss it with the District Attorney, and the other assistants. If we can figure out a way I'll let you know and you can pick her up.

Cagney and Lacey rise to leave.

LACEY

Fine, sir. we'll expect to hear from you soon, one way or the other.

FADE OUT

FADE IN

INTERIOR-CHRIS'S LOFT-EVENING

Chris, Charlie Cagney, Donna, David, and Tony are sitting around.

CAGNEY

Everybody got a full cup of coffee?

They all answer in the affirmative.

CAGNEY

Good, we can get started. Mary Beth and I have a problem. I want to get all the ideas I can from all of you.

CHARLIE

What's what this is all about ? You want help from all of us ?

CAGNEY

That's it.

DONNA

What ever it is, you can count on us. Just tell us the problem.

CAGNEY

We have a prostitute who has AIDS. She knows she has it, and she keeps on working as a prostitute, giving it to all her customers. We arrested her for shoplifting, and vice has arrested her several times for prostitution, but we can't keep her off the street. Mary Beth thinks maybe we could charge her with murder for giving a deadly disease to her customers. That's it.

CHARLIE

A deadly disease for a murder weapon.

DAVID

But none of the victims is dead, perhaps after one or more of them die you might have enough evidence for a conviction, but the prostitute had the disease longer than any of the victims so she will die before they do.

CAGNEY

I asked Tony to be here because AIDS is basically a disease of gay men.

TONY

No it's not. Anybody can get AIDS.

DONNA

But gay men get it more than anybody else.

TONY

No they don't. AIDS is a disease that men can get from men or women. Women can get it from men or women. It only requires intimate sexual contact.

CHARLIE

So how do guys like you protect yourselves ?

TONY

The only way we can is to have no relations with any partners we can't trust with our lives.

DONNA

Guys who go to prostitutes never think of that.

CHRIS

Can't you be safe if you use condoms ?

DAVID

Only 90%. And what about women with women ? What can they use ? And what about intravenous drug abusers ? What can they use? The blood supply has been cleaned up so hemophiliacs don't have much to worry about, and surgery patients don't have to worry, but that's all.

CHARLIE

You mean to tell us any one of us could already have AIDS, and be spreading it, and not even know ??

DAVID

I'm afraid so. Even if you have a blood test it might not show up for several months after you get it.

CHRIS

Talk about your walking time bombs.

DONNA

That's a bad enough problem, but the problem Chris has is a woman who KNOWS she has it and is spreading it. It's like she's selling death disguised as sex.

DAVID

It's a terrible thing to sell, but is it a violation of the law ? Nobody forces her customers to come to her to get it.

TONY

That's true, but the question is not if she is giving them a deadly disease, it's if she's violating the law and committing murder by doing it.

CHRIS

If she told them she was going to give them AIDS and they would die, how many customers do you think she would have ?

CHARLIE

I guess I can't really help you, Chrissy. I never heard of a murder case where the victim is still alive, and is likely to outlive the killer.

CHRIS

It seems so strange to me to be talking about human lives like they are some sort of commodity. Like you could go into a store and buy five pounds of potatoes, a bunch of carrots, and four human lives, please.

TONY

That's an awfully cold way of saying it, but essentially correct.

CHARLIE.

Looks to me like the only thing you can do is to leave it up to a jury.

DAVID

It's an unexplored area of the law. I hope I never have to defend a client like that.

FADE OUT

END OF ACT TWO

ACT THREE

FADE IN

EXTERIOR-l4TH PRECINCT-ESTABLISHING-DAY

INTERIOR-SQUADROOMDAY

ON Cagney and Lacey at their desks. Cagney's phone rings.

CAGNEY

Sgt. Cagney, 14th precinct.

CUT TO:

INTERIOR-PROSECUTOR ANDERS' OFFICE-DAY

Anders is on the phone with Cagney.

ANDERS

We've discussed that case of the prostitute with AIDS. We've decided to give it a try as a test case. Pick her up.

CUT TO:

INTERIOR-SQUADROOM-DAY

On Cagney, on the phone.

CAGNEY

Yes sir. We'll get right on it.... Yes sir....Good bye sir.

Cagney hangs up the phone, and looks at Lacey.

CAGNEY

Let's pick up our prostitute.

LACEY

I'm with you, my partner.

The rise and start out.

FADE OUT

FADE IN

EXTERIOR-NEW YORK STREET-DAY

ON Cagney and Lacey as they question a group of four young prostitutes.

CAGNEY

Girls, I'm Sgt. Cagney, and this is Det. Lacey. We aren't here to arrest any of you.

LACEY

All we want is some information. Have any of you girls seen a prostitute lately who calls herself Kelly Smith ?

BLOND HAIR

I haven't seen her since last week.

BLACK HAIR

I saw her yesterday in Times Square.

BROWN HAIR

I saw her there too, but that's not the area she usually works. She likes it on 8th Ave. by Madison Square Garden.

BLOND

That's where I saw her. She was in the Automat there.

CAGNEY

Thanks girls.

LACEY

I hope you all have a nice day.

BROWN

Every day's like every other in this business.

FADE OUT

FADE IN

EXTERIOR-8TH AVE.

Cagney and Lacey are wandering around looking for the girl.

CAGNEY

Still no sign of her, and I'm getting tired of looking.

LACEY

I'm tired too, and my feet hurt.

CAGNEY

Wherever she is, I guess she's tired too. It's a lot of work spreading AIDS. She has to wander up and down the street for who knows how many hours between customers.

LACEY

She's probably got a bunch of regulars, and they know how to find her when they want her.

CAGNEY

I wonder how many of them know they're buying death from her.

LACEY

Likely none.

CAGNEY

I wonder how many of them we can get to testify. Most of them are probably married.

LACEY

I hadn't thought of that. If we're going to get a conviction we're going to need as many witnesses as possible.

CAGNEY

There she is, going into that hotel with a man.

LACEY

She'll be out in a few minutes. You follow her and I'll take the man.

CAGNEY

I'll bet she won't go far, and she'll be back soon.

FADE OUT

FADE IN

EXTERIOR-SAME STREET-DAY

On Cagney and Lacey looking over their shoulders.

CAGNEY

There they are. The girl goes one way and the man goes the other.

LACEY

I got him.

CAGNEY follows the girl and Lacey follows the man. CAMERA follows Lacey. She crosses the street and heads off the man just after he turns the corner.

LACEY

Sir... Sir...

MAN

What is it ?

Lacey shows her badge.

LACEY

I'm Det. Lacey. I observed you going in and coming out of that hotel with a known prostitute.

MAN

So what ?

LACEY

Did she tell you she has an active case of AIDS ?

MAN

WHAT ?? AIDS??

LACEY

Yes. If you had sexual relations with her she probably gave it to you. We need for you to have a blood test for AIDS and if you have it, we need you to testify in court.

MAN

I'll get a blood test, but I won't testify. My wife would never understand. She'd leave me in an instant.

LACEY

If you take AIDS home and give it to her, do you think she'll understand that ?

MAN

I guess I'll just have to cross that bridge when I come to it.

LACEY

If you've been one of her "regulars" for more than a year, you're going to come to it soon. Maybe sooner than you think.

MAN

Look. Here's my card. Call me in a week or so and maybe I'll reconsider.

The man walks off down the street leaving Lacey holding his card in her hand and looking after him. Lacey turns and goes back across the street to where she and Cagney first spotted the girl and her customer.

FADE OUT

FADE IN

EXTERIOR-NEW YORK STREET-DAY

ON the hotel entrance looking over Cagney and Lacey's shoulders. The girl is entering with another customer.

CAGNEY

That makes number ten. How many did you get to agree to testify ?

LACEY

Only two so far. The others all said they were afraid of what might happen if their wives found out.

CAGNEY

Why do they go to a prostitute in the first place when they have a wife.?

LACEY

Beats me. I'll never understand why anyone would take such chances. Gambling their own life away is bad enough, but gambling away their wife's life as well......

CAGNEY

Lets pack it in for today and just jail her when she comes out.

LACEY

Sounds good to me.

FADE OUT

FADE IN

EXTERIOR-14TH PRECINCT PARKING BAY-DAY-ESTABLISHING

INTERIOR-SQUADROOM-DAY

ON Cagney and Lacey at their desks. Coleman approaches Cagney's desk.

COLEMAN

Here's those medical reports on the AIDS blood tests for those guys.

He lays a manila envelope on Chris's desk and moves off. She sits staring at it for a couple of beats.

LACEY

Aren't you gonna look at the reports ?

CAGNEY

I was thinking. All those who checked negative are safe, but we can't use them. All those who checked positive, we can use, but they're walking dead men. I don't know what I'd rather find.

A BEAT

LACEY

Waiting won't change anything. you might as well open it.

Cagney looks resigned to the inevitable, picks up the envelope, opens it, and removes the contents.

CAGNEY

Jamison, negative. Bergdorf, negative. Adams, positive. Clinkscale, negative. Bullis, negative. Scalise, negative. Mahoney, negative....Looks like Mr. Adams is the odd man out.

LACEY

Only one. It may not be enough to get a conviction, but we'll have to go with it.

CAGNEY

Lets get busy calling the others.

FADE OUT

END OF ACT THREE

ACT FOUR

FADE IN

EXTERIOR-COURT HOUSE-DAY-ESTABLISHING

INTERIOR-COURT ROOM-DAY

The defendant, Kelly Smith, and her councilor are seated and the prosecutor, Mr. Anders, is seated. Mr. Adams is seated in the audience in the first row, leaving room in the first row on the aisle for Cagney and Lacey. Cagney and Lacey enter and sit down.

CUT TO:

INTERIOR-COURTROOM-DAY

ON Cagney and Lacey. Cagney looks over at the defendant and discovers that the defense council is David Keeler.

CAGNEY

What the hell are you doing here?

KEELER

The court appointed me, and I couldn't get out of it.

CAGNEY

Well, this is one case you're going to lose.

KEELER

I have to do my best, win or lose. Cagney just looks daggers at him, as the judge enters.

BAILIFF

All rise......Be seated. The 145th district court of the state of New York is now in session, Honorable Judge Patricia Azios presiding.

JUDGE

Call the first case.

BAILIFF

The State of New York Vs. Kelley Smith. The charge is that between Jan. 15, 1985, and Aug. 15, 1987, Kelly Smith did communicate and transfer to Mr. Jason Adams the deadly disease AIDS. It is further charged that she did know at the time she did so that she did know that she was doing so and that it would cause the death of Mr. Jason Adams. This is therefore premeditated murder in the first degree.

JUDGE

In all cases of persons charged with capitol offenses the court is required by law to enter a plea of not guilty for the defendant. Mr Anders, you may proceed for the prosecution.

Anders rises.

ANDERS

Call Det. Lacey.

BAILIFF

Det. Lacey to the stand.

FADE OUT

FADE IN

INTERIOR-COURTROOM-DAY

ON Lacey in the witness chair.

ANDERS

Would you describe the first time you arrested the defendant, please ?

LACEY

Yes sir. MY partner and I were in Klien's Department store to buy some new gloves for my partner. While she was charging them on her credit card, I looked around and saw Miss Smith putting some items in her purse. I knew she was shoplifting, so my partner and I followed her. We observed her leaving the store without paying for these items. We arrested her for shoplifting.

ANDERS

You didn't arrest her for prostitution ?

LACEY

No sir. It was shoplifting. I went to the precinct station with her and filled out the arrest report. A uniform officer took her to court and she posted bond. She was released only a few hours after we arrested her.

ANDERS

What happened the next morning ?

LACEY

We received a medical report on the defendant. We found out that it is standard procedure to give medical examinations to all known prostitutes whenever they enter jail. This was done while she was in jail waiting to go to court to have bond set. We received the report the next morning after Miss Smith had already been released from custody.

ANDERS

At this time I would like to interrupt the testimony of Det. Lacey and call Dr. Fuad, who made the medical examination of the defendant.

JUDGE

Very well.

BAILIFF

Dr. Fuad to the stand.

FADE OUT

FADE IN

INTERIOR-COURTROOM-DAY

ON Dr. Fuad in the witness chair.

ANDERS

Dr., Would you describe your duties, please ?

FUAD

I am the physician who examines all persons entering the jail system as mines.

ANDERS

You have examined the defendant ?

FUAD Many times.

ANDERS

FUAD

I did.

ANDERS

What did you find ?

FUAD

I found her to be an intravenous drug abuser. I found her to be under the influence of Heroin. I also found her to have AIDS. Previous to that time I had treated her for syphilis, but she didn't have that at that time.

ANDERS

FUAD

I did. I also told her that at the very least she should tell her customers to use a condom.

ANDERS

Have you examined her at various times since that time ?

FUAD

I have. I found that she is following the clinical progress of the disease in every way.

ANDERS

Do you know why she was arrested on those subsequent occasions when you examined her ?

FUAD

Yes. She was arrested many times for prostitution.

ANDERS

Did you examine Mr. Adams ?

FUAD

At the request of Sgt. Cagney, I did.

ANDERS

What did you find ?

FUAD

I found him to be in normal health, except that he is in the early stages of AIDS.

ANDERS

Thank you Dr.

He sits down and Keeler rises.

KEELER

Dr., is there any possibility Mr. Adams might have given Aids to the defendant, rather than the defendant giving it to Mr. Adams ?

FUAD

The epidemiology of AIDS is well known. The defendant has had an active case of AIDS for four years, and Mr. Adams has had it for two.

Keeler sits down.

ANDERS

Call Sgt. Cagney.

BAILIFF

Sgt. Cagney to the stand.

FADE OUT

FADE IN

INTERIOR-COURTROOM-DAY

On Cagney on the stand.

ANDERS

When you received the report indicating the defendant is a known prostitute and has AIDS, what did you do.

CAGNEYF

My partner and I decided she is most likely continuing as a prostitute and was giving AIDS to her customers. We went looking for her and found her on the street. I observed her making contact with several men and going to a hotel with them. They would be inside for 15 to 30 minutes. She would then go looking for another man.

ANDERS

Did you speak to any of these men ?

CAGNEYF

No. I observed her making contact with her customers. My partner spoke to them after they had parted company with the defendant.

ANDERS

At this time I would like to recall Det. Lacey.

BAILIFF

Det. Lacey to the stand.

FADE OUT

FADE IN

INTERIOR-COURTROOM-DAY

ON Lacey on the stand.

ANDERS

Did you interview the men who seemed to be customers of the defendant ?

LACEY

Yes sir, I did.

ANDERS

How many ?

LACEY

Ten.

ANDERS

How many agreed to cooperate ?

LACEY

Six. The others refused for personal reasons.

ANDERS

Of the six, how many had AIDS ?

LACEY

Qnly one, Mr. Adams.

ANDERS

Do you have any idea why the others.. may not have contracted AIDS ?

LACEY

The others told me they always used a condom. Only Mr. Adams never used one.

ANDERS

Did any of the men you interviewed other than Mr. Adams have AIDS '?

LACEY

No sir. Only Mr. Adams checked positive.

ANDERS

No further questions. Call Mr. Adams.

BAILIFF

Mr. Adams to the stand.

FADE OUT

FADE IN

INTERIOR-COURTROOM- DAY

ON Mr. Adams on the stand.

ANDERS

Mr. Adams, how many women have you had sexual relations with in the last four years ?

ADAMS

Only one. Kelley Smith.

ANDERS

Isn't it unusual for a man to practice fidelity with a prostitute, with all the willing prostitutes available to all men ?

ADAMS

No. Most men who visit prostitutes stay with one, we're called regulars. prostitutes usually leave each other's regulars alone.

ANDERS

You've been a regular of Kelley Smith for the last four years ?

ADAMS

That's right.

ANDERS

And Dr. Fuad says you have had AIDS for two years ?

ADAMS

That's what he told me, but I may have gotten it as much as three years ago or as little as one year. Those are the limits.

ANDERS

Have you had any blood transfusions in the last four years ?

ADAMS

No.

ANDERS

Have you ever used intravenous drugs ?

ADAMS

Not ever, or any other kind of illicit drugs either.

ANDERS

Do you drink ?

ADAMS

No. I'm a teetotaler, and I don't smoke either.

ANDERS

Did the defendant ever tell you she has AIDS ?

ADAMS

No, never.

ANDERS

Did she ever suggest that you should use a condom ?

ADAMS

No. If she had, I certainly would have. Others have suggested that in the past, for other reasons, and I did. It really makes no difference at all to me.

ANDERS

Have you ever had any homosexual relations ?

ADAMS

Never even once in my entire life. I'm strictly a woman's man.

ANDERS

That's all. The prosecution rests.

Anders sits down and Keeler rises.

KEELER

The defense rests.

JUDGE

Very well, proceed with your final arguments.

Anders rises and walks over to a position in front of the jury. He sort of paces back and forth as he speaks.

ANDERS

For four years the defendant has known she has an active case of AIDS. She has been told so on several occasions by Dr. Fuad. Certainly, the Dr. would have no reason to lie to her. She knew for a fact that she would be likely to infect any man she had sexual relations with the dread disease AIDS. Knowing this she deliberately went ahead working as a prostitute. Mr. Adams trusted her. In fact he trusted her too much. She had only to tell him and he would have protected himself with a condom. But she deliberately did not tell him. She went ahead and knowingly gave him AIDS. There is no reprieve for a person with AIDS. It is only a matter of time until he dies. In the case of a person who kills another with a gun, only moments pass between the fatal act and the death of the victim. In the case of a knife killing, days may pass between the fatal act and the death of the victim. Medical science has reached the point where some people who are shot, or stabbed, may survive. In this case the fatal act was the infecting of the victim with AIDS. No one has ever survived AIDS. Medical science has nothing to offer. Eventually Mr. Adams will die from the direct act of the defendant. The fatal act has already been committed. Mr. Adams is doomed. The amount of time which passes between the fatal act and the actual death of the victim is of no consequence. What is important in this case is that the fatal act, a premeditated act, has already been committed. Already committed.... .Already committed...... I ask you to return a verdict of guilty of first degree murder.

Anders sits down and Keeler rises. He walks over to stand in front of the jury with a thoughtful look on his face.

A BEAT

KEELER

I have researched this case carefully. I have studied every precedent. In every case it has been a fundamental point of law that no person can be found guilty of murder until their act has actually caused the death of another person. Someone has to die. Yet, the prosecutor a asks you to return a verdict of guilty with t he victim alive and seated here in the courtroom. In order to support a guilty verdict in a first degree murder case, it is the responsibility of the prosecutor to prove that the defendant singled out the victim and deliberately chose to kill that one person and no other. The prosecutor also argues that the choice of murder weapons is of no consequence. A gun, a knife, a club, or a dread disease, are all equal. All except a dread disease are things a person can get or get rid of. She did not go out and acquire this dread disease for the purpose of using it to kill this one particular man. And once she had acquired it, she could not just discard it in the trash. Due to her drug habit, she couldn't stop working as a prostitute. She was afraid to tell anyone. She was afraid all her customers would go elsewhere. She acted as she did out of fear, driven by the demands of a drug habit. The only thing she is guilty of is being a victim.

Keeler sits down.

FADE OUT

FADE IN

INTERIOR-COURTROOM-DAY

ON Cagney, Lacey, Keeler, Anders, and Dr. Fuad standing in a group.

KEELER

An interesting legal problem.

LACEY

I'm certainly glad I'm not a member of that jury.

CAGNEYF

It could go either way.

ANDERS

In every case, except open and shut cases, the jury is asked to decide what is justice. Is justice with the law, or the defendant. In this case they are even asked to decide what the law is.

KEELER

If they find her guilty, the appeal is automatic. Maybe I'll win there.

FUAD

How long might this appeal take ?

ANDERS

It could take years to settle this case if they find her guilty, and I think they might.

FUAD

She hasn't got years to live.

LACEY

At least we can hope we stopped her from killing people.

KEELER

I guess that's something.

CAGNEY

IF they find her guilty.

FREEZE FRAME

THE END