INT. COURTROOM -- DAY Will stands before JUDGE MALONE (40) being arraigned. It is fairly unceremonious, the courtroom nearly empty, save Will and the PROSECUTOR. Lambeau walks in from the back.
WILL:
There is a lengthy legal precedent, Your Honor, going back to 1789, whereby a defendant may claim self- defense against an agent of the government where the act is shown to be a defense against tyranny, a defense of liberty-- The Judge interrupts to address the prosecutor.
JUDGE MALONE:
Mr. Simmons, Officer McNeely who signed the complaint isn't in my courtroom. Why is that?
PROSECUTOR:
He's in the hospital with a broken knee, Your Honor. But I have depositions from the other officers.
WILL:
Henry Ward Beecher proclaimed, in his Proverbs From Plymouth Pulpit back in 1887, that "Every American citizen is by birth, a sworn officer of the state. Every man is a policeman." As for the other officers, even William Congrave said; "he that first cries out 'stop thief' is 'oft he that has stolen the treasure."
PROSECUTOR:
Your Honor-- Will cranks it up.
WILL:
(to Prosecutor) I am afforded the right to speak in my own defense by our constitution, Sir. The same document which guarantees my right to liberty.
"Liberty," in case you've forgotten, is "the soul's right to breathe, and when it cannot take a long breath laws are girded too tight. Without liberty, man is a syncope."
(beat, to Judge) Ibid. Your Honor.
PROSECUTOR:
Man is a what?
WILL:
Julius Caesar proclaimed -- Though he be wounded-- "Magna..."
The Judge interrupts.
JUDGE MALONE:
Son, (a beat) My turn.
The Judge opens Will's CASE HISTORY.
JUDGE MALONE:
(reading) June, '93, assault, Sept. '93 assault... Grand theft auto February '94.
A beat, the Judge takes particular notice.
JUDGE MALONE:
Where, apparently, you defended yourself and had the case thrown out by citing "free property rights of horse and carriage" from 1798... Lambeau has to smile, impressed. The Judge shakes his head.
JUDGE MALONE:
March, '94 public drunkenness, public nudity, assault. 10/94 mayhem.
November '94, assault. Jan. '95 impersonating a police officer, mayhem, theft, resisting -- overturned-- The Judge takes a beat. Gives Will a look.
JUDGE MALONE:
You're in my courtroom, now and I am aware of your priors.
(beat) I'm also aware that you're an orphan.
You've been through several foster homes. The state removed you from three because of serious physical abuse.
The Judge holds a look to Will, who looks down.
JUDGE MALONE:
Another Judge might care. You hit a cop, you go in.
