ACT IV
FADE IN:
EXT. THE SHERIFF’S BUILDING – TWILIGHT
There are people milling, just a few in small groups, talking among themselves.
INT. A HOLDING CELL – TWILIGHT
This one has McCormick sitting on the edge of the bunk, and is otherwise the mirror image of the one earlier occupied by Kitty McCray. McCormick looks pensive – his right elbow on his knee and his chin resting on the palm of that hand. At the now-familiar rattle of the door lock he straightens up. The door swings open and Hardcastle steps in, past Deputy Miller.
MILLER
Hardcastle grunts. No chair is provided this time. McCormick stands and gestures to the cot, though it’s hard to say if this is an act of courtesy, or a chance for his visitor to try the full effect. Hardcastle glances at the cot and stays standing. McCormick leans back against the wall.
McCORMICK
HARDCASTLE





Kinda looks that way, at least for now.
McCORMICK
HARDCASTLE





Listen, if you want me to apologize, I will.








(clears his throat slightly)





There, now we got that out of the way.
McCormick snorts and shakes his head, even smiling slightly.
HARDCASTLE





I had a little talk with Larcom. He’s playing





it all pretty close to the vest, but I’d say he





really prefers you to Kitty as a suspect.
McCORMICK
HARDCASTLE





There was hardly any blood at the scene.
McCORMICK





What about what Kitty saw?
HARDCASTLE





A little blood goes a long way in water.





From the preliminary exam, it looks like





Kooms was dead before he was stabbed. A





blunt object to the left side of his head.
McCORMICK





So Larcom thinks whoever killed Kooms
HARDCASTLE





If it makes you feel any better, he wants





you to know he understands how it might’ve





happened. The general consensus is that





Kooms has been a homicide waiting to





happen for a long time now.
McCORMICK





And along comes a sloppy ex-con who gets





fingerprints on the guy’s car – is that really





all it takes to get a conviction?
HARDCASTLE





Conviction? It’s not even enough for an





indictment. Give me ‘til Monday morning;





that’s what habeas corpus is all about.
McCORMICK








(reaches out, halts Hardcastle





Insufficient evidence isn’t enough. A





murder in a small-town cemetery? You





know the wire service is going to pick





this one up. And you come tromping in





here with a writ, trying to embarrass the





That’ll only make ‘em try twice as hard
HARDCASTLE





It doesn’t work that way –
McCORMICK





Says the man who’s personally been framed three times.





It’s like some kind of blind spot for





you, this undying faith in the criminal justice system.
Hardcastle, still halted in his tracks, considers the accusation for a half-beat and then finally acknowledges it with a small shrug.
McCORMICK








(sighs, then draws himself up





Anyway, somebody killed that guy.





It wasn’t me, and it looks like it wasn’t Kitty.
HARDCASTLE





So you think I oughta nail whoever did this –
It dawns on McCormick what he’s just put into motion. He looks worried.
HARDCASTLE





– even though you’re in here, so I’ll be





flying solo. Is this some kinda special dispensation?
McCormick swallows hard and then produces a thin smile.
McCORMICK





Yeah, I guess. Something like that.
HARDCASTLE





Good, ‘cause I figured I’d do it anyway.








(glances back at the door and then





Could you try and stay put tonight? No





jailbreaks – nothing like that.
He’s finally pried a genuine (though rueful) smile from McCormick, but no actual promises. Play that and,
CUT TO:
INT. SHERIFF LARCOM’S OFFICE – TWILIGHT
He’s sitting at his desk, staring pensively at some papers in front of him but not looking as though he’s actually reading. He also does not look like a guy who’s cracked a murder case in record time. It might be that he’s not all that pleased with himself. There’s a sharp rap on the open door. It’s DEPUTY MILLER, with a plastic bag. Larcom glances up.
MILLER





Maggie fetched some things for Kitty.
LARCOM








(shooing motion with one hand)





Give ‘em to her and tell her to get dressed,
Miller nods and then glances back over his shoulder. We see Hardcastle has moved up behind him in the doorway.
MILLER








(to Larcom, with a jerk of his chin





He’s done with his client. Wanted a word with you.
Hardcastle squeezes by Miller, not waiting for an invitation. Miller ducks out.
HARDCASTLE





So you’re letting Kitty go, huh?








(looks at Larcom speculatively)





You never suspected her in the first place,





I’d guess. That was all just a ruse while you





waited on that report from the state lab.
Larcom leans back in his chair, studying Hardcastle. It’s a long beat before he shrugs.
LARCOM





I told you she wasn’t violent. And it doesn’t





take a forensic expert to see something was





fishy with that crime scene.
HARDCASTLE





For the record, we both know you’re right





about Kitty. Somebody tried to frame her


















but it wasn’t McCormick.
LARCOM





Well, I guess we’ll see about that, huh?





You want to start by telling me how





his finger prints got on that van?
HARDCASTLE





Look, my client met your victim exactly





once – this morning. He saw Kooms





giving Kitty a hard time and pulled over.





Kooms must’ve grabbed the map.
LARCOM





Too bad nobody reported that to me ‘this morning’.
Hardcastle looks sullen.
LARCOM





You know how this looks, don’t you? Our
HARDCASTLE
LARCOM





– confronted the victim only an hour





or so before he was murdered.
HARDCASTLE





Which is why my client didn’t rush





forward with the information.





But he did tell me earlier today.
LARCOM





Before, or after he hit Kooms over the head?





You know I’m still willing to consider this





manslaughter – maybe even self-defense, but
HARDCASTLE





He’s innocent. So’s Kitty, which means you





still have a killer walking around out there.
LARCOM





Look, we can argue about this all night;





all I know is that I had a nice, peaceful





little town, then an ex-con shows up





and a couple hours later Kooms is –
He stops in mid-sentence and is staring fixedly past Hardcastle, who turns to look at
what has the man’s attention.
ANGLE – TOWARD THE DOORWAY
Kitty McCray is standing there, looking hastily dressed in clothes that are several sizes too large for her.
McCRAY





The deputy said I’m released.
LARCOM





We’ll want to talk to you, ask you some





more questions, but that can wait. You’re
McCray looks puzzled.
LARCOM





Whoever stabbed Lester with your scissors





did it after he was already dead.





He was trying to make us think you’d done it.
McCRAY





And you think it was Mr. McCormick?
Larcom stays silent but nods almost imperceptibly. McCray thinks about this for a moment and then turns to Hardcastle.
McCRAY
HARDCASTLE
McCRAY





You haven’t believed a word I’ve said; why should I listen to you?
She pivots and leaves. Hardcastle casts an unsmiling look at Larcom and follows. Larcom is left, sitting as we found him. He picks op the pencil again but is still staring at the doorway with an unsettled expression. Hold on that and,
CUT TO:
EXT. THE McCRAY HOUSE – NIGHT
HARDCASTLE (V.O.)





Besides you, was there anyone else Kooms





was in the habit of annoying?
INT. THE MCCRAY KITCHEN – NIGHT
Hardcastle is sitting at the table. McCray has just plugged in a percolator. She looks over her shoulder at Hardcastle for a moment.
McCRAY





The list would be shorter if you asked me who








(she turns back to gathering the coffee








things but continues talking)





Lester had a way of figuring out people’s





weak spots and going for them. Like a shark:





if you bled just a little, there he was.





I just bled more than most.








(she pauses in mid-reach for the cabinet
Hardcastle glances up.
McCRAY





I didn’t notice it this morning.








(gestures to the cabinet with
HARDCASTLE








(he stands and moves close enough








to study the stain, then to McCray,





Don’t touch it. I saw you get that vase down





yesterday. It supports that part of your





story – that you cut yourself during that first





visit to the cemetery, not because you





hammered Kooms with a vase.
McCRAY





But the sheriff said I wasn’t a suspect anymore.
HARDCASTLE








(gives her an intense look)





Not as long as they’ve got McCormick to





You still want to help me prove he didn’t do it?
McCRAY





Anyway, the sheriff’s right about one





thing. Lester’s been a bully for a





while now, but nobody went and hit him





on the head until you came here.
HARDCASTLE





I’d never even met the guy.





You want me to account for my
McCRAY





No – what I mean is you’re the first one





who even half-way believed me about Erma.





You start poking around and suddenly





I think he knew what happened to my grandma.
Hardcastle looks skeptical.
McCRAY





He’d have to have known, right? He worked
HARDCASTLE





I think maybe we should solve one murder at





You know there is one thing that bothered





me about that report . . .
Hold on his pensive expression for a moment and then,
CUT TO:
ANGLE – McCORMICK’S FACE
Eyes closed, lit by a patch of light through the window in the cell door, the only source of illumination. He’s lying on his back on the cot, but apparently not asleep. His eyes open suddenly to an immediate and penetrating stare at the ceiling above him. A moment later he sits up, swings his feet over the edge of the cot and is on his feet, heading for the door.
McCORMICK








(leaning his face against the bars of the








little window, to get the greatest angle








of view into the hallway)





I need to talk to Larcom.
MILLER (V.O.)





What? No. Go ta sleep, will ya, it’s after midnight.
McCormick frowns, looks around for something, then finally reaches down, pulls off a shoe, and starts pounding on the inside of the door.
McCORMICK
He carries on like this for a moment or two, then pauses. There’s some shuffling noises from the hall.
MILLER (V.O.)





You’re a damn pain in the –
Miller appears suddenly in the window, face-to-face with McCormick and looking harassed.
MILLER





Larcom’ll be back at seven. What’s so damn





important? You wanna make a confession?
McCORMICK





Sorry, no. No confessions today.
MILLER





Breakfast is at 8:30 and there’s a slop bucket





under your cot. Lock-up rules: prisoners stay in





their cells at night. No exceptions.
McCORMICK





That’s a very sensible rule; you won’t have





to violate it. I just need you to bring me
MILLER





What? No smoking in here.
McCORMICK





I gave it up. It’s not good for you.





I need the reports the sheriff got – the





stuff the state lab sent.
MILLER
McCORMICK





Why not, they’re the reason I’m in here,





aren’t they? I have a right to see the evidence
MILLER





It’s midnight, for Pete’s sake.
McCORMICK





You do know that if a murder isn’t solved in





the first twenty-four hours after it’s committed,





the odds of it ever being solved decrease
MILLER





Yeah, but I reckon this one’s already solved.
McCORMICK





Then it won’t hurt to let me see the reports,





will it? Heck, maybe I’ll give up all hope
MILLER





That lawyer friend of yours can request ‘em.
McCORMICK








(gives the door one last pound with





Flinch v. California, Villanova v. Los Angeles County.
MILLER








(halts and looks back through the
McCORMICK





Suits based on failure to provide evidence





to the defendant in a timely fashion. Not to





mention the original cases that were shot





Careers ruined, slam-dunk cases overturned.





A real pity. All because somebody couldn’t





be bothered to hand over a file that had been








(bends over, puts his shoe back on,








then stands again, leaning casually





You should ask your boss.
MILLER





At midnight? You’re crazy.





You’re just gonna end up seeing them
McCORMICK
Miller sighs and turns away. McCormick leans into the window again, watching him go. Then he leans back, hands in his pockets, whistling something, sotto voce. A moment later we hear steps in the hallways again. This time a thin manila file folder appears in the window, being shoved between the bars.
MILLER





Here. If you think I’m unlocking this door,
McCORMICK





Not necessary. I got the bucket.








(gets his hand on the file before








Miller can react to the request)
MILLER
McCORMICK








(moves away from the door,
He squints down at the file in the gloom, then holds it up to catch more of the limited light and glances at Miller with a questioning look.
MILLER








(smiles back just a little evilly)





Lights out is lights out. Lock-up rules. You





got any precedent against that?








(he chuckles and turns away)
McCormick shakes his head then sits on the edge of the cot, centering the open file in the small patch of light. He turns a page and then hunches over it, trying to stay out of his own light as he studies it closely. Hold on that for a moment and then,
CUT TO: